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HomeMy WebLinkAbout6372 Office 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 DETERMINATIO~u.~,o~j MEETING OF JUNE 10, 2010 ZBA FILE: #6372 NAME OF APPLICANT: Chris Meskouris (Weimann) SCTM# 1000-99-1-12.1 PROPERTY LOCATION: 530 Sound Beach Dr.,(adj. to Long Island Sound) Mattituck, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 2, 2010 stating that this application is considered a matter for local determination as them appears to be no significant county-wide or inter-community impact. LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated March 3, 2010, based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with the LWRP provided that the following best management practices are implemented; A) it is recommended that the Board require the use of gutters, leaders and drywells to control storm water from all impervious surfaces, B) it is recommended that the Board require the perpetual preservation of all natural vegetation seaward of the Coastal Erosion Hazard Line. The width, composition and maintenance activities should be memorialized within a covenant and restriction. PROPERTY FACTS/DESCRIPTION: This vacant property is a non-conforming 16,540 square foot lot (to tie line), with 5,150 square feet of buildable area, in the R-40 zone. It has 50 feet of frontage on Sound Beach Drive, 328.02 feet along the westerly property line, 50.31 feet on Long Island Sound and 333.56 along the easterly property line. BASIS OF APPLICATION: Request for Variance from Code Section 280-124, based on an application for building permit to construct new single-family dwelling, and the Building Inspector's September 3, 2009, Updated February 4, 2010 Notice of Disapproval concerning proposed new single family dwelling, exceeding maximum lot coverage of 20%(buildable area). RELIEF REQUESTED: The applicant proposes to construct a new two story dwelling on pilings, which proposed plans require 29% coverage of the buildable lot area. The applicant requests a 9% variance to the Code required 20% maximum lot coverage. ADDITIONAL INFORMATION: This waterfront parcel is the narrowest of waterfront parcels in the immediate neighborhood. This waterfront parcel, as well as adjacent waterfront parcels, have had the benefit of the accretion Page ~ June 10, 2010 ZBA File#6372 - Chris Mcskouris CTM: 1000-99-1-12,1 of beach sand building up and extending these properties beaches and high water marks seaward by over 100 feet beyond their filed map lines. The subject parcel is unimproved with a large area of well established beach grasses and natural vegetation seaward of the proposed building envelope. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 20, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3){b)(1). Granting of the requested variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The 'area is almost built out and many homes have excessive lot coverage. The style of the proposed dwelling is similar to that which exists in the neighborhood. The side yard, front yard and rear yard setbacks are in conformance with the Code. 2. Town Law §267-b(3){b}(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could design a smaller proposed dwelling requiring a lesser lot coverage variance or no variance at all. 3. Town Law §267-b{3?{b){3). The variance requested herein is mathematically substantial requiring a 45% variance from the Code. The substantiality of the requested variance may be mitigated when considering that the Coastal Erosion Hazard Line may in some cases be more arbitrary in its exact demarcation on a particular parcel, consequently creating a detriment to the applicant by lessening that parcels calculated buildable lot area under the Code. 4. Town Law §267-b(3){b}(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created insofar as the applicant chooses to construct a house that is larger than what is permissible by Town code. 6. Town Law ~267-b. Granting of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the construction of a proposed new dwelling while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the Survey of SCTM # 1000-99-01-12.1 prepared by John T. Metzger, L.S. dated August 27, 2009, and Architectural Drawings prepared by Frank Notaro, R.A., Titled Meskouris Residence, Sheets A-0, A-I and A-4 all dated 1/28/10. Subject to the following conditions: 1. Applicant to follow all recommendations of LWRP. 2. Leaders, gutters and drywells shall be installed to control all storm water runoff from all impervious surfaces. 3. Covenants and Restrictions shall be required per LWRP recommendations for a perpetual preservation of all natural vegetation seaward of the Coastal Erosion Hazard Line to the tie line as per the definition in the LWRP memorandum dated March 3, 2010. Such Covenants and Restrictions shall be approved by the Page 3- June 10, 2010 ZBA File#6372 - Chris Meskouris CTM: 1000-99-1-12.1 Town Attorneys office and filed with the Suffolk County Clerk and a recorded copy submitted to the Zoning Board of Appeals Office prior to issuance of a building permit. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. 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 Schneider, Goehringer, Weisman (Chairperson), Dinizio. (Absent was: Member Homing) This Resolution was duly adopted (4-0). Approved for filing ~, / 7/2010 $outhold lo~'~a Clef[ N NO YE' SUBSURFACE SEWA6E DISPOSAL SYSTEM DESI6N BY, JOSEPH FISCHETTI, P.E. HO~4RT ROAD SOUTHOLD, N.Y. 11971 f631) X65-~95~ I / ,¢ / Certified to: James Meskouris Cb-ds Meskouris Lawrence J. Silberman, Esq. Lawyers Tiue Ins~Lr~nce Corl~ration FLOOD ZONE FROM FIRM 36103C01,,~9 G MA Y 4, 1998. COASTAL EROS/ON HAZARD LINE FROM COASTAL EROS/ON MAP PHOTO 59-533-83. LOT NUMBERS REFER TO BLOCK 2 "MAP OF CAPTAIN KIDD ESTA lES" FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON JANUARY 19, 1949 AS FILE NO. 6- LEACHIN6 POOLS 8'~ x 2' D£~' WITH 3' SAND COLLAR (SW) P-' ABOVE GROUND WA TER I om fomilior with the STANDARDS FOR APPROVAL AND CONSTRUC170N OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES ond w/II ob/de by the conditions set forth therein ond on the permit to construct. £/evot/ons referenced to N.G.V.D. The Iocotion of wells ond cesspools shown hereon ore from field observotions ond ~r from doto obtoined from others. ANY ALTERATION OR ADDITION TO T~II$ SUR~,~Y I$ A VIOLATION -'OP"SECTION 7209 OF THE NEW YORK STATE EOUCAnoN LAW. EXCEPT AS PER SECTION 7209-SUEOIHSION 2. ALL CERTIFICATIONS HERE,~N ARE VALIO FOR THIS MAP AND CO~IES THEREOF ONL r IF SAID MAP OR COP/ES BEAR THE IMPRESSED S~AL Of' THE SURVEYOR t~dOSE SIGNATURE APPEARS HEREON. L 9T COVERAGE' A ~EA TO TIE LINE ' 16,540 sq. fL ~ ~£'A TO COASTAL EROSION L NE'~ 5150 sq. ff. h$E: & DECKS ' 1494 sq. ft. ~'~94/5150 = 29% AREA=16,540 SQ. FT. TO TIE LINE ~,L MAP SURVEY OF PROPERTY A T MA TTITUCK INLET TOFN OF SOUTHOLD SUFFOLK COUNT.Y, N.Y. 1000-99-01-12.1 SCALE: 1'--~0' APRIL X, 2009 JUt y ZZ~ ~009 (d~ r~ovedJ AUG. 20, AUG. 27~ 2009 (LOT COVERAGE) REVIEWED BY ZBA SEE DEC/I$1ON # TEST HOLE DA TA McDONALD GEO$CIENCE ~/~/~ (6311 765-5020 P.O. BOX 909 1230 TRAVELER STREET SOUTHOLD, N. Y. 11971 -1797 09-121 DECK LIVING POWDER RM. UTILITY RM FOYER , - I ' DINING ~iM. KITCHEN PANTRY OLOS ]ROOM BEDROOM #1. DECK BATHROOM LAUNDRY RM. BEDROOM #2 FIRST FLOOR PLAN SECOND FLOOR PLAN /FINA , L MAP /REVIEWED BY OFFICE SET I 28.10 NORTH ELEVATION WEST ELEVATION EAST ELEVATION FEB 5 2010 BY ZBA OFFICE SET ij Il SCHEMATIC PILING PLAN GIRDER PLAN SET 1.28.10 ~ ~/IfiOFFICE LOCATION. ' ~: Town Hall Annex ' J '/~ 54375StateRoute25 ] /~cor. Main Rd. & Youngs Ave.) Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD . . MAIL1NGADDRE$S: P.O. Box 1179 $outhold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 To: From: MEMORANDUM Leslie Weisman, Chair _Ap/ Members of the Zoning Board of MarkTerry, Principal Planner \~"~ ~ LWRP Coordinator Date: March 3, 2010 Re: Variance request for JAMES and CHRIS MESKOURIS ZBA#6372 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the LWRP provided that the following best management practices are implemented to meet and further the below listed policies: Poficy 5. Protect and improve water quality and supply in the Town of Southold It is recommended that the Board require the use of gutters, leaders and drywells to control storm water from all impervious surfaces. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem 6.3 Protect and restore tidal and freshwater wetlands. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided: Maintain buffers to achieve a high filtration efficiency of surface runoff. Avoid permanent or unnecessary disturbance within buffer areas. Maintain existing indigenous vegetation within buffer areas. It is recommended that the Board require the perpetual preservation of all natural vegetation seaward of the Coastal Erosion Hazard Line. The width, composition and maintenance activities could be memorialized within a covenant and restriction. A sample definition of a natural vegetated buffer is included for your use. NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted. Survival of planted vegetation shall be (ninety) 90 percent for a period of three (3) years. Maintenance activities within the buffer are limited to removing vegetation which are hazardous tQ life and property, trimming tree limbs up to a height of fifteen feet (15') to maintain viewsheds, replanting of vegetation and establishing a four foot (4') wide access path constructed of pervious material to access the water-body. Figure 1. Subject parcel (black arrow). Please contact me with any questions. Cc: Jennifer Andaloro, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING March 2, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman Dear Mr. Goeringer: Pursuant to the requirements of Sections Al4-14 thru A14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a .matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File N-tubers Faga, Kevin & Jeanine Weingart, Bryan R. & Holly A. Unexcelled LLC Anello, Robert & Beth Southold Holding LLC Meskouds, Chris Hildebrand (Chrism) & Abrams (Jeff) Anderson (James & Ellis (Rosemary) 6367 6368 6369 6370 6371 6372 6373 6374 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (831) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (831) 853-4044 FORM NO. 3 NOTICE OF DISAPPROVAL TO: Architecnologies For: Chris Meskouris (Weimann) P.O. Box 93 Mattituck, NY 11952 DATE: September 3, 2009 Upd ~ted: February 4, 2010 Please take notice that your application dated August 28, 2009:] - For permit to construct new single family dwelling at: Location of property: 530 Sound Beach Dr., Mattituck County Tax Map No. 1000 - Section 9~9 Block 1_ Lot 12.1 Is returned herewith and disapproved on the following grounds: The proposed new single family dwelling, on a non-conforming 16,540 (5,150 sq. ft. of buildable) square foot lot in the Residential R-40 District is not permitted pursuant to Article XXIII Section 280-124, non-conforming lots, measuring less than 20,000 square feet in total size, require a maximum lot coverage of 20%. The survey shows 29% lot coverage of the buildable area. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL DA]/~: September 3, 2009 TO: Architecnologies For: Chris Meskouris (Weimann) P.O. Box 93 Mattituck, NY 11952 Please take notice that your application dated August 28, 2009: For permit to construct new siugle Ihmilv dwelling at: Location ofprope~xy: 530 Sound Beach Dr., Mattituck County Tax Map No. 1000 - Section 92 Block ~ Lot 12.1 ls returned herewith and disapproved on the tbllowing ~'ounds: The proposed new single thmily dwelling, on a non-conIbnning 16.540 (5,150 sq. fi. of buildable) square foot lot in the Residential R-40 District is not permitted pursuant to A~icle XXII1 Section 280-124, non-conforming lots, measuring less than 20,000 square t~et in total size, require a maximum lot coverage of 20%. The survey shows 29% lot coverage of the buildable area. Authorized Siguature Note to Applicant: Any change or deviation to the above referenced application lnay require further review by the Southold Town Building Department. CC: file, Z.B.A. AI'rLICAT!O~) THE SOUTI-IOLD TOWN BO ~A~.F APPEALS ' . ' ~ For Office ese. Only ' · Fee: $ /o/~ Filed By: ~t~/~ ". Date Assiglied/Assig~mea! Office Notes: · ...... '. : ~'~ ~~ '~' ,. ... , ,.-'..;... ;.. . . .. :.- .: s'..~.e :' . . [N~: In ~d~iffon to the ~ve.p*~ ~pl~te bMo~ W~pll~flon i~.b~ appl~nt's ~orn~. agent, ff~hlt~t, builder, con.ct ve~ ~t~'a~d 5amc o[ p~.Wbo agent ~r~: Autho~e~ Represe~tativs; ~. ~o~n~ for ~ O~net,'~ ( )Other: P[pas6 eheek bo~ to spigffy w~o~ou wish c0rrespondene~ to be mailed to, from the above name~: ':~ AppliegneOwner(s)" ~uth~rized Repiesentafive ~'Olher Nam~Ad'dr~i: ' . a Cerfifleate of Occup~ a ~Ce~flcate 6f Oecap~n~y ' : ':" - ' QOthe~. '. ' . . . . Prolcon'StYe ~Mng,Ordlnance Ap~ed; ~dl~te'A~el6,-Sec~n,)Subsec~0fi. 0f.~ning' ." ' -. ..... ~ A V~fic~-~ue to ~:Qf a~e~ ~eq6it~ by N~w York' Town ~aW~n ZS~A. ~ R~e~a.l'0r Other ' ' ' - A prior appeaI.U~as~as not been made with r~Oect to th~:proge~ UN~ER Appeal No. Year ' - . ~lease.be sub:to ~earcb befo~ completing this"~,~tion or call our office to assist you.). 'i~) The ben'e'~ Sought by. the e~plfcant ~Ah~OT .be achieved b~ some method feasfble t'~r the'. · .applica~lt ~o. pursue, :other thafi.an ai'ea varla'nce,.be~ame: '. . ~ · Name.o[Appli~ant:/~J~" CTM# [oo9 ~-'oI :/Z.I Z ile #..., ' ~ON$ FOR ~PEAL Oddiaond $h~ts m ~ beused:~h preparer's .':(1) ~ undesirable change wil~ not ~ produ~'.i~, the C~c~R '0f ~. n'elgh~rhood or a ' de~iment to nearb~ prope~ fg grated, because:~- '" . , · ' ' '~o'rn.to before m~ t§i~ ~-~ . . d~y'o~.FE'-l~ :'. ~o I.O . . BARBARAH. TANOY ' " QUalified In Suffolk Coun~'j j ' Commission ~ires ~1/13/20, - ~.. ~'. ~. *~,,.s,~o. ~]~'~. (~'~ '~.~ ~, ,~ .... ~ ~Z** ~' ~'~..' ' :"' ' ~. ~ . .. , .. . (3) The amount of~llefr~uested Is not.subst~fiai because: ~..,>. ~ ~. .. '.. (4) The vari~n~' ~11 ~OT.~a~e a~-ad~er~'effe~t .6~ impact o~ the physial or en~ir0.~ntal co~di~o.~ 'Jn ~e nei~h~rhood o~.ais~ict b'ecauseJ ' ' (~ Has ~e alleg~ dif~eul~ bee'.self-crated? ()Yes,.o~ ~No. - 'Arethe~e ~oven'~ a~d..R~trlction~ concerning 'thi~ land: ~.No." ~ Y~ (~asefur~h co~vb . This i~ '~e.~IN~M that is'~o~sa~ and adequate, and ~'the same time. pres~e-and protect the cfiaracter of the neighborhood ~d the ~ealth, s~fg~,.a.nd w~lfare bf the e~mmunity ' H~ACHED'~SE'F~CES~ET: (Pt~asebe~ureto:eohsult~duk a~o~n~.) ' .-.:.:..... ...~_ _ .- . . . . ~gent ~t submit w~Oen Authod~fi6n fr~m 0~) - (For ZBA Rfference) ApPlicant:. · o-ca, · DateP · ' ' L For DemoHtm~'0f E~Sfi~ Bui~j~g Areas . . · · ~ · . : ' . ~: . .~: · ~~ . · _ " ~'~ ~ t~~ ..... ~ . . ..... . · ..... · ~ ...~ ....~ ..... ; · . ..~ : FOR FILING Wi'IIi YOUR Z.B~A. APPLICATION RECEIVED A. Is thc s~ibjeel p, retnises liited 0n the.real estat~ market f6r sale? "-.''' . .. . . -B. arc*thcrea~Yprep°sal"tb °hangc~'alt~rl~indeontuurs?. ~j;i~o '-13 Ye's~ please eXl31~i~°iYattached she~.' ' ' 4~,~,~ ~'t~.. "~, ~,,~.,,,,~-,~ ar.~. shown on. the map abmitted ~ila {:his~lioatio '3) Is.:th{ l!r0pe~tY'bulkheaded I~tWe~n the ~i*la~ area'a~i the U ~" ' ' - b.~;), .- .. - - . . . p d.bultdlng area~ ' ' 4). If yoltr ProPerty` ~6n~ai~s ~etlatids'.or p~nd.~reas; ha~t¢ Yofi-~onta~te~ t ' · Town ~l'm~e~s for i~s'd~termina ' '.' ,~e.; 'g ~ - ' . ' .ho offi0e 0fthc ' . . . : ....... ~on--~un~dt,,ti~? · '. .-.- ......... :. ' in or.a ' lie ' ' ....... - 't~'.') Please c - "' ' '" .. qglrg . Pp. ation with the 3Frustev_~-' p ~ ;: · % ....... · . : 'and'ifissuea, pl~ase~cheogi~'of,,':--~..2:,.~.~'~'?'~.V'5~a .~ ?,~6i'~..' ~xp(L~-4-td~ . .' .... ~'--'"-'"~ "' ' v'-~-,,, *vita' con(nnons at~d approved map' ' D. Is th~r~ ~'aepressi~n °r'sl~"near~~ the a/ea or"ro' "· · '" · · 'P ~oseu~ eonstmelion· at or below five there any patios, or that a.,i o'.Ot hown - . ' .' : pp cable:). - F. D6 you' have'any eonstfU¢fi0n taking place at this:lime ¢on~mth~ your premis~? DcpartrneniIfyes' pleaSeandSUbmitdeseribe:a copy of your building 13ermit"and map as'approved by the'B~ild~ng O. Do you or any 6~:0wner aisC' own. other and .~_z_,., · · t~~''- ~'~ ~ ~he proximity o~yo~r, l~nds on y~ur. m. ap'wifl! t~s applleation~ ~" '~--' ' y ~ please, label .i_. .. . '. ' ' "':" ' ' '~" : Plea~'c li~st p?e~en~ ~ Or'°Pemti°ns'6°nda~d a~ this:p~ccl'/ ' %l Aq'4~ ~'~- " ~x~ T''' ' ' ' ' · &,_L: .' - '.."-' .' ':-" ',an.d.p~Po~edufie ~i:?q~"~,~ '~¥ ,, · "" ' '. - ,, . ~'.~. ' '.. . - ~ ~ u 'om~a~pfiom) . ) ' Au- ----~--~e and Dfiie ~05; 1/~ BOARD OF APPEALS ,. Descnbe pto~.ect briefly:. · : Araount of land affected: ~ , . .. ~.. lilJalty~. ~: acre~-; · ~ilmatel~; ~ · . :' . ' ".. . : - .y . .a~es ~ . ~ .. ] , WIIJ pmpOs~;acaon comply ~ e~Ung or other ~an8 use res~cUons:(~ YES (. ~ N~, ~sddbe. bde~ ..... ~' ' · What Is oreseht lard use ih vicih~l prdjech (describe): --' ' · _ ~ '. . . ....... . ,:.. - . ~ h~ action is I~ the Coastal A~and you are a state a~ency, co~p/efe the Cpastal Assessment Fo~ before proceeding with this asselsme~t u w~R. CONTRACT VENDF/~I~D AGENT. The To~n of Southold's Code of Ethics prohibitg Co ' · and ..~. ploy~.s. Tho purpose of this form is to -,~-°-'n~ffc'~°f m!?est on the part 9fTown officers poss~mc contacts Of interest and a ,,,,, ' : ~,-vme mm?at!On, wb./ch C~ alert the Town of . . Il,,,, a to take whatever actlpn ts necessary to av6id same other entity; at,ch ag. a company. If so, ilir~icate tho.'6thef pcrs~r~ o[ company naln¢.) . rr .~"'S m ut~; llara¢ O~ ~0rti¢orlo. else I~A, TI/RI] OF. APpLICATiON: (Cheek all that apply.) Speoi/d' Bicepfion -- ~-('- ~ ' ~'Othcr ' ' fr¢~.l plat'el: Officia! map Ch,ingo.o!~one ' ' - ' r~l~tionsh!p .~th a,iy-.offi~ei ~r ern~10yee of the To,i,, ;f SoUthola~ -'.- - . . . ,- ,,, spouse, stOllng, p~rent, oi' chi!~) hav~ 'a . !, . . t i' - " .... . - lf .YOu an~Wered "FE~."; complete the ha&nee ' ' '" ' -. . of tM* form and'dat~ and xign Where indicated. Nam; of person employed'by the Town of 8outhold: Title or position of'that person:. , aegean yourself (thq.~Pplicant; agent.or ~On~Ct vendee ;hal t' '' T6~ Bffie~'or mpl'o~e~- Ei~ei c~eck me ap~PopHa[e line A ~ofi )'" he. d~seh~ ~& ~elafionshp in i~e ~ce p;o~d;d' gh D' Oelow)' a~W0r- ~e Ta~ officer or emp'loy6, or his' or he)~oua~, aiblMg, ' ' ' . _ _ .. A)'~e 6~r of~eater'~an 5% of~e sh~o8 Of the aO~6rate stock of ~a applicant (whm.~o'aVPli6~t is a ' B) ,the legal or ~nefloial a~.of.aay , ~ (wh~..t~o ~aPPljd~.is no/a comb~o~)} -. . , . ~ ~ cay oI~,~. ~nt Name OF AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ..}VHEN TO.USE THIS FORM: The form.must be completed by the applicant fOr a~y SPecial ~se permit, Sile :plan apt~ro~al, use variance, or subdi~sion approval on pr°Pe~ within an agricultural d~triet OR ~thin :. '. 500 feet of a fa~ opera,on loea}ed in agde~tmral di~ric~ Ail appliea~ons rqquidng an'agricultural data ' 'statement must Oe ~efegred to ~he SUffolk Coun~ Depa~ent of Planning tn accordance wtth Sections 239- m and 239-n ofihe Gener~Muni~atLaw. ': ' ' ' ' ' ' 1)N~e0fApp!ic~t:~ ~'~'' ' ~ OX~ .~i~h~ · · . . '- . . 7) Is .the parcel within ~ a~cul{~ ~stfict? ~.No ~Yes If ye~, Agricultural District Number 8) Is this p~cel'actively, f~ed7 ~No' ~es' 9) Name and address 0f any owner(s) of land within the a~cultural distHct e0niaiMng active f~ operation(s) located ~00 feet of the bound~ o'f the ,proposed proj~t. (Mfo~ation may be available t~ou~ the Tows Assessors OffiCe, Town' Hall location (765-1937) or from any.public computer at the Town Hall locations by viewing the parcel numbers on ~e Town of Soflthold Real Propeay Tax System Name and Address 3. 4. 5. 6. (Please use back side of page if m~re than stx property owners are identified.) The lot numbe~ may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 6r th'e Zoning Board of Appeals at 765-1809. Signatu~gfApplicant - Date ' Note: i'. The local board will suli¢it, comments fi.om the.owoera of land ideritified above in order to con~id~ the effect of the proposed a .~tioa 9n their farm opor'4fion. Soil'(alice wi bo made by ~upplying a eopy'ofthi$'stat~nant ' 2. Comments.returned to the local board will bo taken into consideration as ~art 6ftbo ov~aJl review of this application. 3., Copi~. of the completed Agriea[fural Data Statexn~nt sha~l be ae~t by applicant ~nd/or the ¢l~rk of the'board to the property owners idantifi~d abo¥~. Th~ ¢o$t for ~nailing shall b~ paid by the'app cant at the time the applleatien is submitted for review. Failure to pay at such time me~an$ the'application is not corfipletc and cannot bo acted upon 'by the board.: Lv~ CO~SlSTg~CY ASSESS~h~T'}~ ~ · A. · iNSTRUCTIONS ~. · . pCoposed'~fio~ ~at ~ subj~t to-~To~ .... ~s~t is mt~fl~ to ~ l~oflt 6 · · ~natemont Comis~q~ew h~' · ' · . m~ a. det~tna~on of mmistmev' ,~_=~ . . s~ .by a Tg~ of So~old'a~Onov ia · · ' , ~ copy Of~e L~ is ~v~labte in ~e folio ' ' ' ' : - s ' ' / . - . . Wing place: ohline at the To~ of SOu~old's Websi{e . - ' f~ ou~oldto~,~ork:net), ~e Bo~d ofTmstbe- ~ ...... ' · _..:DESCmTION OF SITE ~D PROPOSED A~ION 'h-e ApplicaOoa fias ~been ~ub~ed ~-(ch~k..appmpdate r ' ' 'o~aB0ard.. '~:"Pla~gBoard~: Bnild~g. Dept~ "B~a;a'o/Trustees '~.~ -. cat goryof'r fso~t~ia g ' % · - · · (ch k p~/ r~6 0 ~ 0~0 0 'a ~action ~ ' ro arc m : ]'' ~) Fia~'.~s~eo.(e. gi ~L Io~ subsidy) Lturc and extent of action: · Sit~ acreagei___2, '&7Z .Polley;l~' Fostera.Pat/ern.of. deve!opment in the. Town of SOuthoId · pr~e~.open spacb, makes e?n~t . .Z; <~77-97~Y ~"ects'ol':a?elopment; .see L~.~s~;~ x~.,..', '~5'-'' ese o; a coastal l~cati0n, and - · · ~ . .: . . p.p e-~le. · · : - . '. ' ' ; · . .. .. -, . t, ,.-, o~mc resource~ tar6u'~hout ~'e Town ~f SOUth:old. ' - · ~ · swugH / IOr evatHarloa CFlterla Poticy4~ .MliaimizeiOss of,,lif~,.structu~e~, and.natural te~oUrc~ f~'Omfloodi~. 'an '. : . ' · .: Se~ II!'~ ~oliclesga~.'8'~rOugh.~6. for.evaluaiion criteria .' ' . . ": g'. d.ero,~on. See L~. . ~tiach additional shei~ts if necessary · " Poi. icy 7. Protect and improve:air ~tualitY in ' ' · Pages 3'2 fhrOugh 34 for e~alt~ation ~riteri~i; the To~,u of Southolit. See LWRP Section III - ?]011cie~ i/°!1¢Y'8:' *'i?lininttZe'*envlr0n, menl~a-I ddgrad/~flofi in'./OWd of Sou~ola fr~m '~ ' ':' ' .: .. provide .for gUblig aee~-'to, and reereitional use of,. coastal waterk, Public lands, and'publl~ [ . ~ ~'~ - ~ ff i.'] .~ .. .. k . · . · dlta~le Ioea'6on!. 'Se:e L~ Secfloa HI 2.Poli&l~; ' · - p ~t-uo~ ,u., Pag~ 47 arough.55 for ~raluaaon erReria. '. ' -"~ddi~onalsheeisifnecess~ry. ~ ' ' ~ ~_ ' .P~iicy I1'. Promote ~ustainable use of living marine resources in Long Island 8ound,:the. Pecoiiic gstuary. · ' and Town Waters..See L~ Seetlo-a ~ -'Po!kl~; Pag~ 57through 62 for eva!ua~o,n cri{eri~." ' A~chMdi~on~h~ifnec6sia~" ' ' ' . ' '.' . . "~. '" "~' '.~".. '. ' ~: :.. '.. ""' '~oligyll.'Prot~t agrieuliU~a['~i~ds ' "' -'~'-: ~: "'.'" : : "" ' "'" ; ' '' "'"' '". '- ~ ~ -' ta.'the'Town' of $'oa~old. 8~ L~ S;?fioL ~ · '~L ,/. L . "' ~ &tt'ach additional shee~s if ~ec~aw/ 5/25/05 11:20 'reat~xl' on Poli6y 13. Pro'mote appropHa¢6 us~ and development o'f energy and min~l~al resources. See LWRP ectl0n III ~ Poheles, .Pages 65 through 68 for evalu'at!on Criteria, Chris Meskouris 1400 South Beach Dr. Mattituek, N.Y. 11952 917-80%1380 To whom it may concern, Town of Southold Zoning Board of Appeals. This letter is to certify Frank Notaro of Arcbitec~ologies is my agent of representation in getting approvals for work to do on my property~ TIdIS FORM CONFORMS TO IHE RESIDENTIAL CONTRACT OF SALE (NY-010) WARNING NO REPRESi NTATION IS MADE qilAT THIS FORM OF CONTRACT EOR THE SALE AND PURCHASE OF REAl. ESTATE COMPLIES WI FFI SF{ FfON 5 702 OF 1 HE GENFRAL oai iG a,] IONS t. AW ("PLAIN LAHGUAGE"} THIS IS A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, WE RECOMMENI) ALI, PARTIES TO IHE CONTRACT CONSULT AN ATTORNEY BEFORE SIGNING. NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION RESIDENTIAL CONTRACT OF SALE Contract qfSale made as of MARCII ,2009 BETWEEN MAUREEN F. CItAVEZ, AS TRUSTEE, U.A., OF THE MADELINE C. WEIMANN FAMILY TRUST, DATED FEBRUARY 6, 1990 (1000-99-1-38.002) & FREDERICK W. WEIMANN D.D.S., AS TRUSTEE UNDER TIIAT CERTAIN DECLARATION OF TRUST EXECUTED FEBRUARY 6, 1990 (1000-99-1- 12.001) Address: 4963 Dry Creek Road, Napa Valley, CA 94558 Social Security Number/Fed. I D. No(s): hereinafter called "Seller" and .lAMES MESKOURIS AND CItRIS MESKOURIS Address: 127 Beverly Road, Douglaston, Ncw York I I363 Social Security Number/Fed. L D. No(s): hereina~ercalled"Purchaser." The parties hereby agree as follows: 1. Premises. Seller shall sell and convey and Purchaser shall purchase the property, together with all buildings and impro,,emcnts thereon (collectively the "Premises"), more fully described on a separate page marked "Schedule A." annexed hereto and made a paia hereof and also known as: Street Address 450 SOUND BEACII DRIVE, MATTITUCK, NEW YORK 11952 531) SOUND REACII DRIVE, MATTITUCK, NEW YORK 11952 '[ax Map Designation: 1000-99-I-38.002 (HOUSE) & 1000-99-1-12.001 (VACANT LOT) 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 Premiscs to lhe center line thereof, including any right of Seller to any ur, paid award bv reason <~t' any taking by condemnation and/or for any damage to the Premises by reason of change of grade ol any street or highway. Seller shah deliver at no additional cost to Purchaser, at Closing (as hercinailcr dellned/, or thereaP, cr, on demand, any documents that Porchaser may reasonably require lbr the CODvcyance of such title aud the assignment and collection of such award m' damages. 2. Personal Property. 'this sale also includes all fixtures and articles of personal properly now attached or appurlenant to the Premises. unless specifically excluded below. Seller represents and warrants that at Closing and/or possession, they will be paid for and owned by Seller, free and clear of all liens and et~cumbranccs, except any existing mortgage to which this sale may be subject. They include, but are nol limited lo. atumbing, heating, lighting and cooking fixtures, bathroom and kitchen cabinets, mantels, d{mr tnh-~ors, switch plates and door hardware, venetian blinds, window treatments, shades, screens, avenmgs. ~torm windows, storm dooEs, window boxes, mail box, TV aerial, weather vanes, flagpole, pumps, slu'ubbery, fencing, outdoor statuary, tool shed, dishwasher, washing machine, clothes dryer, garbage disposal milt. range, oven refrigerators, freezer, air conditioning equipment and installations, wall to wall carpeting and built-ins not excluded below only to the extent that such items are presently in the premises and all in "as is" condition as of the date hereof. (strike out inapplicable items) Excluded from this sale are furniture and household furnishings. 3. Purchase Price. The purchase price is ONE MILLION THREE HUNDRED TEN THOUSAND DOLLARS AND ZERO CENTS $1~3 I0~000.00 payable as follows: (a) on the signing of this contract, by Purchaser's check payable to the Escrowee (as hereinafter defined), subjec; to collection, the receipt of which is hereby acknowledged, to be held in escrow pursuant to paragraph 6 of this contract (the "Downpayment"): $50~000.00 (b) by allowance for the principal amount unpaid on the existing mortgage on the date hemoL payment of which Purchaser shall assnme by joinder in the deed: $~0- (c) by a purchase money note and mortgage from Purchaser to Seller: $-0- (d) balance at Closing in accordance with paragraph 7: $1,260~000.00 4. Existing Mortgage. (Delete ~l~inapplicable) 5. Purchase Mono?, Mortgage. (Delete !/'inapplicable) 6. Downpayment in Escrow. (a) Seller's attorney ("Escrowee') shall hold the Downpayment in escrow in a segregated bank account at Suffolk County National Bank, Main Road, Cutchogue, NY 11935 until Closing or sooner termination of this contract and shall pay over or apply the Downpayment in accordance with the terms of this paragraph, Escrowee shall hold the Downpayment in an non- interest-bearing account (br 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 Downpayment and the party receiving the interest shall pay any income taxes thereon. If interest is not held for the benefit of the pmqes, the Downpayment 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 Downpaylnent shall be paid by Escrowee to Seller. [f for any reason Closing does not occur and either party gives Notice (as &lined in paragraph 25) to Escrowee demanding payment of the Downpayment, Escrowee shall give prompt Notice to the other party of such demand. If Escrowee does not receive Notice of objection I?om such other party to the proposed payment within 10 business days after 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 snch paymenL Escmwee 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 time to deposit the Downpayment and the interest thereon with the clerk of a court in the county in which the Premises are located and shall give Notice of st~ch deposit to Seller and Purchaser. Upon such deposit or other disbursemeut 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, Escrowee is acting solely as a stakeholder at their request and for their convenience and that Escrowee 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 thc part of Escrowee. Seller and Pumhaser jointly and severally (with right of contribution) agree to defend (by attorneys selected by Escrowee), indemnify and hold Escrowee harmless from anti against all costs, claims and expenses (including reasonable attorneys' fees) incurred in connection with the pcr~brmance of Escrowee's duties hereunder, except with respect to actions or omissions taken or s[fffered by Escrowee in bad faith or in willful disregard of this contract or involving gross negligence on the pat'i of Escrowee. (c) Escrowee may act or refl'ain 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 bc fully protected in so acting or refraining from acting upon the advice of such counsel, (d) Escrowee acknowledges receipt of the Downpayment by check subject to collection and Escrowee's agreement to the provisions of this paragraph by signing in the place indicated on the signature page of this contract. ( I- ~. RET006 I 1/00 ~ , ! N¥SBA PRACTICE FOR~*{S 3/98 (e) Escrowee or any member of its firm shall be permitted to act as counsel for Seller in any dispute as to the disbursement of the Downpayment or any other dispute between the parties whether or not Escrowee is in possession of the Downpayment and continues to act as Escrowee. (10 The party whose attorney is Escrowee shall be liable for loss of the Downpayment. 7. Acceptable Funds. All money payable under this contract, unless otherwise specified, shall be paid by: (a) Cash, but not over $1,000.00; (b) Good certified 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 (by telephone or otherwise) to Purchaser; (c) As to money other than the purchase price payable to Seller at Closing, unceffified check of Purchaser up to the amount of $500.00; and (d) As otherwise agreed to in writing by Seller or Seller's attorney. 8. Mortgage Commitment Contingency. (Delete paragraph if inapplicable. For explanation, see Notes on Mortgage Commitment Contingency Clause.) (a) The obligation of Purchaser to purchase under this contract is conditioned upon issuance, on or before 30 days after a fully executed copy of this contract is given to Purchaser or Purchaser's attorney in the manner set forth in paragraph 25 or subparagraph 8(j) (the "Commitment Date"), of a written commitment from m~ Institutional Lender pursuant to which such Institutional Lender agrees to make a first mortgage loan, other than a VA, FHA or other governmentally insured loan, to Purchaser, at Purchaser's sole cost and expense, of $560~000.00 for a term of at least 30 years (or such lesser sum or shorter term as Purchaser shall be willing to accept) at the prevailing fixed or adjustable rate of interest and on other customary commitment terms (the "Commitment"). To the extent a Commitment is conditioned on the sale of Purchaser's curt'cut home, payment of any outstanding debt, no material adverse change in Purchaser's financial condition or any other customary conditions, Purchaser accepts the risk that such conditions may not be met; however, a commitment conditioned on the Institutional Lender's approvaI of an appraisal shall not be deemed a "Commitment" hereunder until an appraisal is approved (and if that does not occur before the Commitment Date, Purchaser may cancel under subparagraph 8(e) unless the Commitment Date is extended). Purchaser's obligations hereunder are conditioned only on issuance of a Commitment. Once a Commitment is issued, Purchaser is bound under this contract even if the lender falls or refuses to fund the loan thr any reason. (b) Purchaser shall (i) make prompt application to one or, at Purchaser's election, more than one institutional Lender lbr such mortgage loan, (ii) furnish accurate and complete information regarding Purchaser and members of Purchaser's family, as required, (iii) pay all fees, points and charges required in connection with such application and loan. (iv) pursue such application with diligence, and (v) cooperate in good lhith with such lnstitulional Lender(s) to obtain a Commitment. Purchaser shall accept a Commitment meeting the terms set forth in subparagraph 8(a) and shall comply with all requirements of such Commitment (or any other commitment accepted by Purchaser). Purchaser shall furnish Seller with a copy of the Commitment promptly after receipt thereof. (c) (Delele this ~ubparagraph i] inapplicable) Prompt submission by Purchaser of an application to a mortgage broker registered pursuant to Article 12-D of the New York Banking Law ("Mortgage Broker") shall constitute full compliance with the terms and conditions set forth in subparagraph 8(b)(i), provided that such Mortgage Broker promptly submits such application to such Institutional Lender(s). Purchaser shall cooperate in good faith with such Mortgage Broker to obtain a Commitment from such institutional Lender(s). (d) If all thstitutionaI Lenders to whom applications were made deny such applications in writing prior to the Commitment Date, Purchaser may cancel this contract by giving Notice thereof to Seller, with a copy of such denials, provided that Purchaser has complied with all its obligations under this paragraph 8. (e) If no Commitment is issued by the Institutional Lender on or before the Commitment Date, then, unless Purchaser has accepted a written commitment from an Institutional Lender that'does not conform to the terms set forth in subp~,ragraph 8(a), Purchaser or Seller may cancel this contract by giving Notice to Seller within 5 business days after the Commitment Date, provided that such Notice includes the name and address of the Institutional Lender(s) to whom application was made and that Purchaser has complied with all its obligations under this paragraph 8. (f) If this contract is canceled by Purchaser pursuant to subpm-agraphs 8(d) or (e), neither party shall thereafter haxe any further rights against, or obligations or liabilities to, the other by reason of this contract, except that the Downpayment shall be promptly refunded to Purchaser and except as set forth in paragraph 27. (g) If Purchaser fails to give timely Notice of cancellation or if Purchaser accepts a written commitment from an Institutional Lender that does not conform to the terms set forth in subparagraph 8(a), then Purchase~ shall be deemed to have waived Purchaser's right to cancel this contract and to receive a refund of thc Downpaymem by reason of the contingency contained in this paragraph 8. (h) If Seller has not received a copy of a commitment from an institutional Lender accepted by Pumhaser by the Commitment Date, Seller may cancel this contract by giving Notice to Purchaser within 5 business days after the Commitment Date, which cancellation shall become effective unless Pumhaser delivers a copy of such commitment to Seller within 10 business days after the Commitment Date. After such cancellation neither party shall have any further rights against, or obligations or liabilities to, the other by reason of this contract, except that the Downpayment shall be promptly refunded to Purchaser (provided Purchaser has complied with all its obligations under this paragraph 8) and except as set forth iu paragraph 27. (i) For purposes of this contract, the term ~qnstitutional Lender" shall mean any bank, savings bank, private banker, trust company, savings and loan association, credit union or similar banking institution whether orgm, ized under the laws of this state, the United States or any other state; foreign banking corporation licensed by the Superintendent of Banks of New York or regulated by the Comptroller of the Currency to transact business in New York State; insurance company duly organized or licensed to do business in New York State; mortgage banker licensed pursuant to Article 12-D of the Banking Law; and any instrumentality created by the United States or any state with the power to make mortgage loans. (j) For purposes of snbparagraph 8(a), Purchaser shall be deemed to have been given a fully executed copy of this contract on the third business day following the date of ordinary or regular mailing, postage prepaid. (k) The Purchaser(s) hereby authorize(s) the Lender(s) to whom application was made to release all infl}rmation to the Seller needed to verify compliance with this Contract and agree(s) to sign any and all release forms required by said Lender(s) for the release of said indormation. (I) In the event that the Purchaser elects to terminate this Contract pursuant to the terms of this paragraph, then the Seller shall have the right but not the obligation to obtain a mortgage commitment, based upon similar terms and conditions as set forth herein, for the Purchaser from an Institutional Lender or a licensed mortgage banker. In the event that the Seller obtains a mortgage commitment pursuant to the terms of¶8, the Purchaser shall be obligated to accept such mortgage commitment, comply with its requirements and close title heretmder. 9. Permitted Exceptions. The Prelnises are sold and shall be conveyed subject to: (a) Zonthg and subdivision laws and regulations, and landmark, historic or wetlands designation, provided that they are not violated by the existing buildings and improvements erected on the property or their use; (bi Consents [br thecrectionofanystructureson, under or aboYe any streets on which 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. (0 A provision in the title policy that no title is insured to any land lying below the present or any former high water line. (g) Rights of the United States Government to establish harbor, bulkhead or pier head lines or to change or alter any such existing lines and to remove or compel the removal of ftll and improvements thereon including buildings or other structures, from land now or form~:rly lying below the high water mark without compensation to the owner of the premises. RET006 II/00 } ~?~ NVSBA PRACTICE FORMS 3/98 (h) Riparian rights and easements of others and a provision in the title policy that it does not insure the riparian rights or easements in favor of the owner of the premises herein. (i) Rights of the United States Government, the State of New York and the Town of Southold or any of their departments or agencies to regulate and control the use of the docks, piers, bulkhead, land under the water and land adjacent thereto. 10. Governmental Violations and Orders. (a) Seller shall comply with all notes or notices of violations of law or municipal ordinances, orders or requirements noted or issued as of the date hereof by any governmental department 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 Closing. Seller shall furnish Purchaser with any authorizations necessary to make the searches that could disclose these matters. Scl!cc at-or pr,o: ,o 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, convoy 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 1445, as amended, and the regulations promulgated thereunder (collectively "FIRPTA"); (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 (b) 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 Seller's covenants, representations, warranties or other obligations contained in this contract shall survive Closing. 12. Condition of Property. This transaclion is exempt from thc provisions of Article 14 of the Real Property Law of the State of N.Y. (commonly referred to as the "Property Condition Disclosure Act") due to the fact that transfer is being made by a fiduciary in the course of the administration of a trust pursuant to Section 463 of said Law. In addition thereto, 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 property included in the sale, given or made by Selter or its 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(e)), without any reduction in the purchase price or claim of any kind tbr any change in such condition by reason thereof subsequent to the date of this contract. Purchaser and its authorized representatives shall have the right, at reasonable times and upon reasonable notice (by 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 recognized title company or abstract company with ACTUAL OFFICES IN SUFFOLK COUNTY shall be willing to approve and insure in accordance with its standard form of title policy approved by the New York State Insurance Department, subject only to the matters provided for in this contract 14. Closing, Deed and Title. (a) "Closing" means the settlement of the obligations of geller and Purchaser to each other under this contract, including the payment of the purchase price to Seller, and the delivery to Purchaser ora Bargain & Sale with covenants against grantors acts deed in proper statutory short form lbr record, duly 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 [ 3 of the Lien Lau). (b) If Seller is a corporatiom it shall deliver to Purchaser at the time 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 certif~ving such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that Section. 15. Closing Date and Place. Closing shall take place at the office of CHRYSA PASQUALONE ~ ESQ.~ 35 Bank Street, Center Moriches, New York at 10:00 A.M. o'clock on or about May 15, 2009 or, upon reasonable notice (by telephone or otherwise) by Purchaser, at the office of attorney for purchasers' lending institution located in Suffolk County only~ (See rider if closing takes place outside of Suflblk County for additional fees.} If at the time of the closing of title the Purchaser's lender has failed or refused to wire the funds necessary for closing to the office of lender's attorney, the Purchaser shall pay the Seller the sum of $~150.00 per hour for each for each hour beyond an initial two (2) hour closing until the lender's attorney may release the funds. If under the same circumstances the closing is adjourned because the funds were not wired to the lender's attorney and the parties are required to return to complete the closing on another date, then the Purchaser shall pay the Seller an additional $500.00 and all other adjustments shall be as of the original closing date. Seller will not agree to leave the deed in escrow. 16. Conditions to Closing. This contract and Purchaser's obligation to purchase the Premises are also subject to and canditioned 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. (b) The delivery by Seller to Purchaser of a valid and subsisting Certificate of Occupancy or other required certificate ol' compliance, or evidence that none was required, covering the building(s) and all of the other improvements located on the property authorizing their use as a one family dwelling at the date of Closing. tloweve',:~Se~hatPnct 5c rcq::!rcd tr. pra'.'i~: a Ccr:i~qcatc c.f @cc-.:~.":cy f.~r ~rc~asc priem (c) The delivery by Seller to Purchaser ora certification stating that Seller is not a foreign person, which certification shall be in the form then required by FIRPTA. If Seller hils to deliver the aforesaid ceffification or if Purchaser is not entitled under FIRPTA to rely on such certification, Purchaser shall deduct and withhold fiom the purchase price a sum equal to 10% thereof (or any lesser amount permi~ed by law) and shall at Closing remit the withheld amount with the required forms to the Internal Revenue Service. (d) The delivery utthe Premises and all buildings(s) and improvements comprising a pa~ thereof in broom clean condition, vacant and free of leases or tenancies, together with keys to the Premises. (e) All plumbing (including ~ater supply and septic systems, if any), heating and air conditioning, if any, electrical and mechanical systems, equipment and machinery in the buildings(s) located on the prope~y and all appliances which me included in this sale being in working order as of the date of Closing. (~ ff the Premises are a one or two hmily house, delivew by the paffies at Closing of affidavits in compliance with stme and local law requirements to the effect that there is installed in the Premises a smoke detecting alarm device or devices. (g) The delivery b5 the pa~ies 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 amount of any applicable transfer and/or recording tax pa~ahlc by reason of the delivery or recording of the deed or mortgage, if any, shall 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 o~ deficiency and any interest or penalties thereon shalI survive Closing. 18. Apportionments and Other Adjustments; Water Meter and Installment Assessments. (a) To the extent applicable, the following shall be apportioned as of midnight of the day before the day of Closing: ..'x ' ,~'X RET006 I1/00 ~ NVSBA PRACTICE FORMS3/98 (i) taxes, water charges mid sewer rents, on the basis of the lie~ fiscal period for which assessed (December 1 to November 30%; (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, (vii) Association dues, (viii) water charges (ix) Service contracts, (x) L.P.Gas. (b) If Closthg shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of tbe tax rate for the immediately' preceding fiscal period applied to the latest assessed valuation. (c) If there is a x&ater meter on the Premises, Seller shall furnish a reading to a date not more than 30 days before Closthg and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last reading. (d) If at the date of Closing the premises are affected by an assessment which is or may become payable th annual installments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid instalhnents shall be considered due and shall be paid by Seller at or prior to Closrpg. (e) Any errors or oorissions in computing apportionments or other ad ustments at Closing shall be corrected within a reasm~able time following Closing. "[his subparagraph shall survive Closing. 19. Allowance for Unpaid 'Faxes, etc. Seller has the option to credit Purchaser as an adjustment to the purchase price with the amount of any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not tess 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 Scl/cf 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 shah simultaneously deliver to Purchaser at CIosing instruments in recordable form and sufficient to satisfy such liens or encumbrances of record, together with the cost of recording or filing said instruments. As an alternative Seller may deposit sufficient moneys with thc title insurance company employed by Purchaser acceptable to and required by it to assure their discharge, but only if the title insurance company will insure Purchaser's title clear of thc marters or insure against their enforcement out of the Premises and will insure Purchaser's institutional Lender clear of such matters. Upon notice (by telephone or otherwise), given not less than 3 business days bela)re Closing, Purchaser shall provide separate certified or official bank checks as requested to assist in clearing up these matters. 21. Title Examinatim~; Seller's lnabili ,ty to Convey; Limitations of Liability. (a) Purchaser shali order an examthation rd' title in respect of the Premises fi'om a title company licensed or authorized to issue title insurance b3 the New York State Insurance Department or any agent for such title company promptly al'~er the execution of this · ~ ;c,~; .... ~. :~ ~..~; ...... .~ ......... ...... w,~s,,,~,a4~ t tc~ ...... e~ commitment ~, been accepted by Purchaser. Purchaser shall cause a copy of thc thio report and of any additions thereto to be delivered to the attorney(s) for Seller promptly after receipt Ihcrcof through continualion at closing. (b)(i) If at the dale of Closing Seller is unable to transfer title to Purchaser in accordance with this contract, or Purclxascr has other valid grounds for re~sing to close, whether by reason of liens, encumbrances or otbe~ ¢,biections to title or otherwise (herein collectively called "Defects"), other than those subject to which Pm'chaser is obligated to accept title hereunder or which Purchaser may have waived and other tbaH thuse which Sd[er has herein expressly agreed to remove, remedy or discharge and if Pm-chaser shall Dc unwilling to waive the same and to close title without abatement of the purchase price, then, cxcept as hereina~er set forth, Seller shall have fl~e right, at Seller's sole election, either to take such acthm 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, Sdlcr shah bc entitled from time to time, upon Notice to Purchaser. to adjourn thc date for Closing beret,~qc~cr ~br a period or periods aot exceeding 60 days in the aggregate (but not extending beyond th~ chttc upon which Purchaser's mortgage commitment, if any, shall expire), and the date for Closing shall bc adjourned to a date specified by Seller oot beyond such period. If for any reason whatsoever, Seller shah not have succeeded in removing, remedying or complying witb such Defects al the expiration of such adjournment(s), and if Purchaser shall still be unwilling to waive the sine and to close title withoul abatement of the purchase price, then either p~y may cancel this contract by Notice to the other given wiflain 10 days aDer such adjourned date; (iii) notwithstanding the foregoing, the existing mortgage (un[uss this sale is subject to the same) and any matter created by Seller a~er the date hereof shall be released, discbarged or otherw~cured by Seller at or prior to Closing. L"'% ,' (c) If this contract is cancelled pursuant to its terms, other than as a result of Purchaser's default, this contract shall terminate and come to an end, and neither party 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 Downpayment to Purchaser and, unless cancelled as a result of Purchaser's default or pursuant to paragraph 8, to reimburse Purchaser for the net cost of examination of title, tach,ding any appropriate additional charges related thereto, and the net cost, if actually paid or incuncd 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 .!udgments, Bankruptcies, etc. If a title examination discloses judgments, bankruptcies or other returns against persons having names the same as or similar to that 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 Downpa,x ment or an amount of 10% of the purchase priee~ whichever is g[reater~ as liquidated damages, il being agreed that Seller's damages in case of Purchaser's default might be impossible to ascertain at'~d that the Downpayment constitutes a fair and reasonable amount of damages under the circumstances and is not a penalty. (b) If Seller dcl~.uhs hereunder, Purchaser shall have such remedies as Purchaser shall be entitled to at law or in equity, including, but not limited to, specific performance. 24. Purchaser's Lien. All money paid on account of this contract, and the reasonable expenses of examination of title to thc Premises and of any survey and survey inspection charges, are hereby made liens on the Premises~ bttt anch liens shall not continue after default by Purchaser tinder this contract. 25. Notices. Any anticc t~r other communication ("Notice") shall be in v,n'iting and either (a) sent by cit~.zr cf the parties he~ctt~-er ~2,' tkek respective attorneys who are hereby authorized to do so on their behalf or by the Escroucc. by registered or certified mail, postage prepaid, or (b) delivered in person or by overnight courier, with receipt acknowledged, to the respective addresses given in this contract for the party's respectiveattorney and the Escrowee, to whom the Notice is to be given, or to such other address as such party or Escrowee shall hereafter designate by Notice given to the other party or pm~ies 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 I~,scrox~ee shall be deemed given only upon receipt by Escrowee and each Notice delivered in person or b5 (~vernight courier shall be deemed given when delivered. (c) with respect to ~7(b) or '~20, sent by tax to the party's attorney. Each Notice by fax shall be deemed given when transmission is confirmed by the sender's fax machine. A copy of each Notice sent to a party shall also be sent to the party's attorney. The attorneys for the parties are hereby authorized to give and receive on behall' of their clients all Notices and deliveries. This contract may be delivered as provided above or by ordinary mail. 26. No Assignment. T[~is contract may not be assigned by Purchaser without the prior written consent of Seller in each instance :md any purported assignment(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 real estate broker in comqection with this sale other than THE CORCORAN GROUP ("Broker") and Seller shall pay Broker :my commission earned pursuant to a separate agreement between Seller and Broker. Seller and Pt.~haser shall indemnify and defend each other against any costs, claims and expenses, including rea~,onable attorneys' fees, arising out of the breach on their respective parts of any representation or agreem,:~t contained in this paragraph. The pro¥isions of this paragraph shall survive Closing or, if CIosing do~zs not occur, thc termination of this contract. 28. Miscellaneous. (a) ,'\11 prior understandings, agreements, representations and warranties, listings, broker set-ups, oral or xxritten, between Seller and Purchaser are merged in this contract; it completely expresses their £ull agreement and has been entered into after full investigation, neither party relying upon any statement made by anyone else that is not set t'orth in this contract. (b) Neither this con~mct nor any provision thereo~'may be waived, changed or cancelled except in writing. 'Ihis contract sht~l[ also apply to and bind the heirs, distributees, legal representatives, successors and permitted assigns ol the respective parties. The parties hereby authorize their respective attorneys to agree in writing to any ch~lnges in dates and t!rq.,y periods provided for in this contract. RETO06 I 1/00 ~x, ~. NYSBA PRACTICE FORMS 3/98 (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 contract are for convenience of reference only and in no way define, limit or describe the scope of finis contract and shah not be considered in the interpretation of this contract or any provision hereof. (e) This contract shall not be binding or effective until duly executed and delivered by Seller and Purchaser. (f) Seller and D_lrchaser shall comply with IRC reporting requirements, if applicable. This subparagraph shall survive Closing. (g) Each party shalh at any time and from time to time, execute, acknowledge where appropriate and deliver such fitrther instruments and docurnents and take such other action as may be reasonably requested by the other in order to carry out the intent and purpose of this contract. This subparagraph shall survive Closing. (h) This contract is intended for the exclusive benefit of the parties heretoand, exceptas otherwise expressly provided herein, shall not be for the benefit of, and shall not create any rights in, or be enforceable by, any other person or entity. 29:NEW: HOME EQUFFY THEFT PREVENTION ACT: SELLER(S) COVENANT AND WARRANT: The Sellers hereby covenant and warranl that they are not in default ~*f any mortgage payments and all mortgage payments are current and all mortgages)s) arc in go.d standing. Further, Sellers hereby covenant and warrant that all Real properly taxes have beea paid and they are not in arrears for any real properly tax payments nor have any real property iaxes gone to tax sale. SEE RIDER ANNEXED IIERETO FORMING A PART OF THIS CONTRACT IN WITNESS WHEREOF, ¢~is contract has been duty ex~cuted~'i~e ~,~ies hereto, ~ ~'~c,.~ '~'~ Seller '"" Purchaser Attorney for Seller: CHRYSA PASQUALON~, ESQ. Address: 35 Bank Street Center Moriches, NY 11931 Teh:631-765-5900 Fax:63 [-765-5902 Attorney for Purchaser: LAWRENCE SILBERMAN, ESQ. Address: 146 East 36~' Street New York, New York 10017 Tel.: 212-679-0968 Fax: 646-742-9385 Receipt of the Downpaymc nt is acknowledged and the undersigned agrees to act in accordance with the provisions of'pmagraph 6 above. Chrysa Pasqnalone Escro,~,ee NOTES ON MODEL MORTGAGE COMMITMENT CONTINGENCY CLAUSE for RESIDENTIAL CONTR ',C'I' OF SALE 1. WARNING: the moqgage commitment contingency clause for the Residential Contract of Sale is a bar association form that attempts to provide a mechanism that makes the rights and obligations of the parties clear in sales of residences m ordinary circumstances. It should be reviewed carefidly by Seller and Purchaser and their attorneys in each and eveu Hmlsactioll to make sure that all the provisions are appropriate for that tlansaction. Negotiated modifications should be made whenever necessary. 2 Under the clause, die obligation of Purchaser to purchase tinder the contract of sale is contingent on Purchaser's obtMning a mortgage commitment letter fi'om an Institutional Lender within the number of days specified for the amount specified. This refers to calendar days. Sefier's attorney should state his/her calculation of the Commitment Date in the letter delivering the executed contract to Purchaser's atlorney, fo prevent confusion later Purchaser should promptly confirm or correct that date. In applying for a loan, Purchaser should NYSBA PRACIICE FORMS I 1/01~ RET006 04/27/2010 13:59 FAX L^FRENCE-SILBERM^N-PC ~002/002 LAWRENCEJ,$1~BERMAN OF COUNSEL LEONORAC. SEID LAWRENCE J. 8ILBERMAN, P.C, ^TTORNBy$ AT LAW 14~ EAST 3?TN STREET N~W YORK, N.Y ~00~6 (21~} 679~9~8 ~-MAIL; JSIL~ERLAW~AOLCOM FLORIDA OFFICE SLTI~ COCONUT GROVF., FL 33133 (30~) 285-0377 OARY M. $1LBERMAN VIA FACSIMILE (63D 765-9064 Southold Zoning Board Town Hall Annex Building 54375 Route 25 Southold, New York 11971 ARm Vicki Toth April 27, 2010 APR 2 7 2010 BOARD OF APPEALS Re: 450-530 Sound Beach Drive. Mattt~c~ NY Dear Vicki: Please be advised that the undersigned is the attorney for PMV Family LLC, Peter Meskouris, Maria Meskouris, Vasilia Meskouris and Chris Meskoufis, with respect to the above referenced property. My client purchased the property in or around December 11, 2009 and a Deed was duly recorded on January 15, 2010. No financing was involved in the transaction. If you have any questions, do not hesitate to contact me at the number above. ~y 'a'uly yours, ence J. Silberman LJS/or '04/25/2010 09:29 1212 04/2312010 14:32 FA× SCCO Vimml Office My Ac:c~un~ Searches EASTSIDE RIEAL LA~R~NC~-~ILBER~AN~ Suffolk County Clerk's Office Judith A. Pascale - Suffolk Coun~.t Cl~,rk PAGE 02 ~ 003/008 Page 1 of 1 Tax Map = t000-099.00- " 01.00-038,002 ~ ~ ~i] 'l'otaE Record,: To view detalle ~llok mn 4, Page 1 of t ,' 'J fiber PageIi D~t~ ~r~ Map Grantor Grat~ter Grantee Grantee Uber ID N.,n~ Corp Name Corp 1000- 090.00- tNEIMANN, WEIMANN. D00011125 ~gS 01,00- MADIELINE C MADELINE G 0~,002 000012545 904 3/3'1/~00~ 069.00- C;HAVE~,, CHAVEZ, 01.00- MAHIREEN F MAUREEN F 1000- 099.00- CH^VEZ, CHAVF-.Z, D00012556 9t5 ?/7,2008 01,00- MAUREEN F IVI~UREEN F 036,002 1000- PMV D000126t3 296 1/~/20'10 099.00- CHAV~Z, FAMILY 01',00- ~IAURIEEN F U.C 03B.002 1 04/26/2010 0~:29 0~,/~3/20~0 ~¢:~ FAX Deeds De~Is Liber G~n~m Las; CHAV~ D~O0126 ~ 3 First Middle Suffix Name Initial MAUREEN F EASTSIDE REAL ESTATE LA~R£N:E-gILBER~AN-PC Page 296 Corporation Vv~IMANN FAMILY TRUST MADELINE C MADELINE C V~IMANN FAMILY TRU,~T Grantees Last Name Suffix Firm Name Middle Initial Corporation P M V FAMILY LL¢ Tax Map IDs Tax Map 1 (k~0-o~.00-01.o0-038.002 PAGE 03 Pag= 1 of l ............................ Addr Addt 1 2 Addrl Addr2 ht:p ://www, suffolk~ou~cletkny.com/kioskweb/~'eb/seatehdetails/deedsde'mila.asPx 4/14/2010 . 04/26/2010 09:29 04/23/2010 14:33 1212." EASTSIDE REAL PAGE 07 ~ 00B/008 LAWYERS TI't%E INSURANCE CORPORATION ls.s~ed ~ .,SCHEDULE A 0E$CRIPTION ALI. I)q~ ~rtain pl~l, pl~ or parcel of land. wit~ t~e buildings a~d Im~rovemen~ ~e~n e~led, s uate, ~ ~g and b~ng at Me~I~R, in ~he T~ ~ Southold. ~olk Coup. N~ Y~. k~ and of lhe Coun~ of 5ugolk es ~ap ~1872 d~md Janua~ 19, 1 ~ anU 75 fe~ tmAta~e, Which pmmi~en are ~her ~cdbed as f0llow~: ~e~i~nin~ at a point on ~e no~lefly side of ~ ~h wa er ~ ne of kon~ I~nd Sound to e point ~mnoed as Pelng N 42 dog, t~' 55" E 7B,0~ feet beginning, FCE INFORMATION ONLY: 45~ ~out~ Beach Odva, ~mc. ~.~ 61o~ 01,~ Lot 03B_~02 Z 02/10/2010 19:06 2123714221 EASTSIDE REALTORS PAGE 84 CERTIFICATE OIF ACKNOWLEDGMENT State of C~lif'omi~ who pmv~ to me on the b~i~ of sati~fao~ ~id~oc to he the p~on~whose nam~)~ubscribed tn Lh~ wi~n in~mment ~nd m~owleds~ ~ ~e that~xem~ted the ~me ~n ~ ~um~o~iz~d c~p~c~, ~nd that by ~s~na~on tho [n~m~t tho po~on(~ or the ~tit~ upon b~ha~of . wh ~h the pe~o~ ~t~d, ~ut~d the ~ment~ '. 1 ,~nify under PENALTY OF PBR~Y i]~d:t ~e ~ oFthc S~te of California that ~ Foregoing parag~ph ADDITIONAL OI'TtONAL IN"FORMATION 02/10/2010 19:06 2123714221 EASTSIDE REALTORS PAGE 02 Crescnbed ~n [he d~eO ~o [he party of ~he first P~, m ce~a~rl deeds ~ated F~brun~ 2n and recorded March 31, ~008 in I.IBER 125~ 9~ in the Office o[ [Sa~n~ty ~[ Suffolk 8~d rocor~e~ .July 'f. ~00~ ~n t.iber 1~556 cp 913 BARGAIN AND SALE DEED Cha\,ez, As Truslee DISTRIO'T 1000 SECTION 99 BLOCK 1 LOT 38.002 COUNTy OR TOWN MB[tifuCk STRE~ r ADDRESS 450 Sound Beach Dr'ye RETUHN BY MA~L TO Lawrence J. Silbemlan, Esq 1~18 East 46th Stree/ ',Jew York, New Yock 10018 ~RE~L PROPERTY TRANSFER REPORT RP - 5217 LO 39~d [ ~NEW YORK STATE '[;~'`[Z£~ T;~ 90:6'[ OWNER FORMER OWNER OF $OUTHOLD TREEI' ~' _~ ~ N S PROPERTY RECORD CARD VILLAGE DIST. SUB. LOT W RES.~// ~/ SEAS. VL ~- 1 COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL ~ACR. ~4~ ~ TYPE OF BUILDING /600 Tillable Woodland Meadowla. d 9g? 0 /aoo I FARM DATE ( U~ ~ , q2-.~ ~ FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH House Plot BULKHEAD Total -/-q-a ' 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 February 8, 2010 Zoning Appeal No. 6372 Transmitted herewith is Zoning Appeals No. 6372 of Frank Notaro for Chris Meskouris - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment Form, 2 Pages of Photos of Property, Authorization letter from Chris Meskouris to Frank Notaro to Represent him in this Matter, Copy of Property Record Card, Notice of Disapproval from Building Department Updated February 4, 2010, Notice of Disapproval fi.om Building Department Dated September 3. 2009, Survey of Property Showing Proposed Construction Dated August 27, 2009 Prepared by Peconic Surveyors, Copy of Plans Showing Floor Plans & Elevations Dated February 1, 2010 Prepared by Architecnologie. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 02/05/10 * * * RECEIPT * * * Receipt~: 71673 Transaction(s): 1 1 Application Fees Reference Subtotal 6372 $600.00 Cash Total Paid: $600.00 Name: ClerklD: Meskouris, Chris 52-22 Brownvale Lane Little Neck, NY 11362 CAROLH Internal ID: 6372 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ., 20 Approved ,20__ Disapproved a/c Expiration ,20__ PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying'? Board of Health 4 sets of Building Plans Planning Board approval Sur~ey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: a. This APPq Au6 200 BLDG. DEPT. Building Inspector FION FOR BUILDING PERMIT Date '~::,/~,/t ,200=/ INSTRUCTIONS led in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. EverY building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: House Number Street Hamlet County TaX Map N° 1000 Section; Subdivision "Block / . .~ Filed Map No. Lot Lot State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ~/~-r- t-~-r". b. Intended use and occupancy l '~- 3-Vc~g.~. ~C~o~. z.., , ,,a~, c~_,o ~ t,l~o(, ~k. 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost '~ _~O~ Fee 5. If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. Ifbusinesg,'commer¢ial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front Rem' Depth Height . Number of Stories Dimensions of same structure with alterations or additions: Front ' ~ i ' ~ r' :'!i,~iRear Depth_ Height. Number (~f St0;ies ~-. 8. Dimensions of entire new construction: Front Height n.~l '..fit" Number of Stories 9. Size oflot: Front ~7--9, Q2~ Rear Iv,. 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated ~-'--Y ~) 12. Does proposed construction violate any zoning law, ordinance or regulation? YES ~ NO 13. Will lot be re-graded? YES NO ~ Will excess fill be removed from premises? YES NO ~ 14. Names of Owner of premises Name of Architect ~rz,~r.- Name of Contractor Address Phone No. Address ~ ,-~:~,,,o4~ ~/0,mrna--Phone No ~ ~1 ~Z-~ - It2,? Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO fi( * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES/~ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ NO ~ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF $,~rr--,~. ) .~'\C.- /~~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ~46~'.x-~'~1~' (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ,,~ r'Z~7~ ~ dayof ~ 200~ . = - ~'~ '~ uo~ss~wwoo - ~' ~'>~;w York [ Notau Public ilunoo ~lolln8 Ul po~j~l*n~ ~ ~JO~ MaN JO ellis 'ollqnd $J210~ · - Qualified In ~UTTOIK ~NINHOO ~&~flV~ ' Commission Explr~ 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 20, 2010 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 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 1197t-0959, on THURSDAY, MAY 20~ 2010: 1t:40 AM MESKOURIS (P.M.V. FAMILY LLC) #6372. Request for Variance from Code Section 280-124, based on an application for building permit to construct new single-family dwelling, and the Building Inspector's September 3, 2009, Updated February 4, 2010 Notice of Disapproval concerning proposed new single family dwelling, exceeding maximum lot coverage of 20%(buildable area); at 630 Sound Beach Dr., (adj. to Long Island Sound) Mattituck, NY. SCTM#1000-99-t-12.1. Zone: R-40. 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) 766-1809, or by email: Vicki. Toth~,Town. Southold.n¥.us. Dated: April 26, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 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 Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net April 19, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, May 20, 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 May 3rd: 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 alii 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 mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than May 10th: Please either mail or deliver to our office your Affidavit of Mailing (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 May 12st: 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 Postin.q for receipt by our office before May t8, 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: MESKOURIS (P.M.V. FAMILY LLC) MAP #: 1 000-99-1 - 1 2.1 # 6372 VARIANCE: LOT COVERAGE REQUEST: NEW SINGLE FAMILY DWELLING DATE: THURS, MAY 20, 2010 11:40 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 ~'~'-j~,~ -~ '~ 9742 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, 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 1__ week(s), successively, commencing on the 6th day of May, 2010. / Principal Clerk Sworn to before me this 2010. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Mailer of the Application of (Name of Annlican/~ f Applicants) CTM Parcel #1000- ~ I - Ig-. { :. RECEI'q ED BOARD OF APPEAL5 AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) , New fork, ~ei.o dui., - ~ --' On 11~ day of~ ,~, I personallv mail~ at ' , Post Office in ~[~ ..... ~ the Umted Slates u cgm ~once m prepaid envelops address~ (o C~ent o~lers sBowII On (be - cuxenl assessment roll verified ~om the official r~rds on file ~a file (~Assessors, or ( )Couniy Real Prope~, Office propeay which abuts and is across a public or privy,lc street, or vehicular righl-of-way of record, s~ounding the applicanPs pro~dy. , Sworn to before me ibis ,/ (Nolary Public) i(~gnature% BARBARA H. TANDY Notary Public, State Of New Yo~ No, 01 TA6086001 Qualified In Suffolk Coun~ Commission Expire~ 01113120 PLEASE list, on the back oftNs Affidavil or on a sheet of paper the-lot numbers next to lite ~w~ter~names~a nd-addressesTm-wN ch-m~tices°~r~re mafl~ 7T1i~7~ ........................ $2.30 $5.5~ 05/~,t2010 Cedified Fee ~3 Return Receipt Fee ~ (Endorsement Required) Restricted Delivery Fee I~] (Endorsement Required) ~ Total Postage & Fees $2.30 $ $§.54 05/04~0~0 nj (~ iii ........ .=....:.T....~- ........ -:- -- - --'-;:-- -~ -'- - - -~ .......................... ~ r,- I~.~..o__~.~o_:. . .... Ci~, State, ZIP+4 · Complete items 1, 2, and 3. Also complete item 4 it Restricted Delivery is dssimd. · 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 mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article mans PS Fora ~[~ (. ~.~n~T) O. O~3~elivery Serv)¢Serv ce Type ~ertified Mall [] Express Mall [] Registered [] Retum Receipt for Memhandise [] Insured Mall [] C.O.D. 4. Restricted Deliver'/? (E~ra Fee) [] Yes · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is dssimd. · 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: A. Signature [] Agent X [] Addressee B. Received by ( P/fnt6d Name) C. D~.ej ~f~Delivery D. Is delive~y address different fmm item l? []Yes If YES, enter delivery address below: [] No I [] Registered [] Return Receipt for Merchandise ~ [] C.O.D. -- -- J 4. Restrieted Delive~ (Extra Fee) [] Yes 2. Article Number (~,,~r~,'~o~.serv~ce~b~ 7009 1680 0000 2737 1128 PS Form 3811, February 2004 Domestic Return Receipt 102595~2~4-f~ · 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. Article Addrcssecl to: [] Agent [] Addressee )y ( P#nt~d Name) Delive~J D. is delivery address dEfercnt from item 1 ? [] Yes If YES, enter delive~J address below: [] No '~::::~-, ~. iceType § ," ?u'ntJTali 4. Restricted Delivery? (Extra Fee) [] Express Mall [] Return Receipt for Memhandise [] C.O.D. [] Yes 2. Article Number (Transfer from se~ice label) 7009 1680 0000 2737 1111 PS Form 3811, February 2004 Domestic Return Receipt 102595~)2-M-1540 ~; · Complete items 1,2, and 3. Also complete item 4 if Restricted 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 mailpisoe, or on the front if space permits. 1. Article Addressed to: A. Signature / ~ [] ent ~. ~ec~ed~y (Printecl Name) ' I C. Dat~ of Dplivery D. Is delivery address diffe~ fron~ item l ? [-[Yes If YES, enter delivery address below: ~No 3. S Ice Type rtlfled Marl [] Express Mail I I ~1~,~. [] Registered [] Return R~celpt for Merchandise _ [] Insured Mail [] C.O.D. -- 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number 7009 1680 0000 2737 1135 (Transfer from service/abe/) PS Form 3811, February 2004 Domestic Return Receipt i Complete items 1, 2, and 3. Also complete item 4 if Restricted 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 mailpieca, or on the front if space permits. 1. Article Addressed to: ~rtified Mall [] Agent B. Received by ( Printed Name) C. Date of Delivery D. Is delivery address dif~went from Item 1 ? [] Yes If YES, enter delivery address below: [] No [] Expres~ Mall [] Registered [] Retum Receipt for Memha~dise [] Insured Mail [] C.O.D. 4. Restricted Deliver? (Extra Fee) [] Yes 7009 1680 0000 2737 1104 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ZONING BOARD OF APPEALS ...... 'TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of APpl,canO'-' ' / AFFIDAVIT. · OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as COUNTY OF SUFFOLK) .STATE OF NEW YORK) -X residing at NeW York, being duly sworn, depose and saythat: .Onthe t[-~'dayof ~ ,20~,lpei'sonallyplaced the Town's official Poster, with the date of headng and nature of my application '. '. ho.ted thereon, Seburely upon my property, loCated' ten'(10) feet or closer 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,place for seven days prior to the date of the subject heating date, .which headng d~te was ~ature'(--'"~-=- s. hown t~q be Sworn to before me this I/ d ' "-' .... ay of ~ , ~.,,.,,.., ~.~-ol o . TANDY Qualified In Suffolk Coun~ ~ Commission Expires 01/13/20 *near the entrance ar driveway entrance of my property, as the area most visible to passersby. 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.not~hfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 5, 2010 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6372 (Meskouris) Dear Mr. Terry: We have received an application for construction in Mattituck. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 February 5, 2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6372 Action Requested: Within 500 feet of: Owner/Applicant: MESKOURIS Lot coverage ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson 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 June 11, 2010 Frank Notaro Architecnologies 13405 Main Rd. Mattituck, NY 11952 Re: ZBA # 6372, Chris Meskouris Dear Mr. Notaro: Transmitted for your records is a copy of the Board's June 10, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. As per the conditions of your variance, Covenants and Restrictions are required to be filed with the Suffolk County Clerk. Enclosed is the format for the Covenants and Restrictions per Zoning Board of Appeals policy. Such Covenants and Restrictions shall be approved by the Town Attorneys office and filed with the Suffolk County Clerk and a recorded copy submitted to the Zoning Board of Appeals Office prior to issuance of a building permit. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincere~z,~ ~ Vicki Toth Eno.