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HomeMy WebLinkAbout3445 ? · 3~ ,7 /? ~? 54075 MAIN RD. COR. BECKWITH AVE. P.O. BOX 992 SOUTHOLD, N. Y. 1197t-0992 (516) 765-1401 July 19, 1988 Southold Town Board of Appeals Main Road Southold, NY 11971 RE: APPEAL NO. 3445 JULIUS ZEBROSKI (variance) Dear Mr. Goehringer: Per your request of January 7, 1986, I am enclosing a copy of the Certificate of Occupancy as requested. PAC/bak Enc. I am sorry for the delay, but it took close to two years to obtain the certificate of occupancy from the Building Department. Very t 54075 MAIN RD COR BECKWITH AVE P.O. BOX 992 SOUThOLD. N. Y. 1~971-0992 August 11, 1988 Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road, State Road 25 Southold, New York 11971 Re: Appeal No. 3445 - Julius Zebroski Dear Mr. Goehringer: I acknowledge receipt of your letter of August 3, 1988 in regard to the above and in reply to paragraph (b), please be advised that there are no contracts or other agreements presently in effect concerning this property. In reply to paragraph (a), my office has abstracted the title in this matter and we can certify to you the known transactions that have taken place during the time that Mr. Zebroski owned the property. Mr. Zebroski has farmed this area since prior to 1938 and he has been in title of the entire parcel since that time. Sometime in the early part of the 1970's, he submitted a sub- division map to the Planning Board to create four (4) lots. The sub-division map was never finalized, however, at an executive meeting held by the Planning Board on March 18, 1974, he was allowed to make one casual sale per year. Enclosed is a copy of the board's minutes dated March 18, 1974. In furtherance of that approval, he made the folowing sales: 1. On May 16, 1974 he sold tax lot 32.2 to Irving Wexler for $8,500.00 (Liber 7642 page 93); 2. On October 19, 1974 he sold lot 32.4 to Joseph Doroski for $8,500.00 (Liber 7742 page 233). Joseph Doroski in turn sold the property to Marko Vukasovich for $10,500.00 on April 6, 1979 Gerard Goehringer August 11, 1988 Page 2 and Vukasovich subsequently sold the property on July 27, 1985 to the present owner, Philip Loria for $35,000.00 (Liber 98.66 page 430) who now has the property listed with the real estate brokers for $120,000.00. I refer you to your file, Appeal #2523, dated February 2, 1979 in which you granted recognition of access to the lot. 3. On November 6, 1979, lot 32.6 was sold by Mr. Zebroski to his brother-in-law, Samuel Wilkinson, for $8,500.00 (Liber 8729 page 235). Mr. Zebroski's property was redesignated as tax lot 32.5 which consisted of approvimately six (6) acres. Thereafter, he sold part of lot 32.5 to Robert Waddington on June 14, 1984. The portion that was sold to Robert Waddington consisted of parcel i and parcel 2. Parcel 1 was the 50' right of way and was assigned tax lot number 32.9, and is approximately 1.1 acres. Parcel 2 consisted of approximately 1.1 acres of vacant land and was assigned tax lot number 32.8. It is to be noted that Waddington sold the property this year to Alfred Skrzypecki and Joseph Macari who have now constructed a 4,300 square foot house on the property and were issued a building permit by the Building Department subject only to 280A Access. The house is presently on the market for $495,000.00. Mr. Zebroski's remaining property has now been redesignated as tax lot 32.7 and consists of 2.7 acres. A certificate of pre- existing use, as previously requested has been sent to you under separate cover. If necessary, I will have the title company certify the above information. However, in the meantime I am enclosing photocopies of the deeds for the original sales to Doroski, Wexler and Wilkinson. I await you further advices. PAC/nmw Enc. /PAU~ ~,~'CAMIN I T I ~ 47 Executive Meeting - March 18, ~i974 An executive meeting of the Southold Town Planning Board was held at 7:30 p.m.~ Monday~ March 18, 1974, at the Town Clerk's Office, Main Road~ Southold, New York. There were present: Messrs. John Wickham, Chairman; Henry Moisa, Vice- Chairman; Henry Raynor; Prank S. Coyle. Absent was Mr. Grebe. ~':' :/ Julius Zebroski minor subdivision. i~L~' . , ,',~3i,,,,[ Mr. Zebroski will be xnformed that he can t make more than one casual ' 'i':'i ] sale a year unless he brings his map in for a major subdivision and complies .~;,,',r '.{ wxth all the rules and regulatxons therefor. / Gasper Pisacano ~inor On motion made by Mr. Moisa, seconded by Mr. Raynor, it was 'RESOLVED that the Chairman of the Southold Town Planning Board be authorized to sign the map of Van Tuyl dated March 12, 1974 of the minor subdivision of Gasper Pisacano on property located at Paradise Point Road and Cedar Beach Road, Southold, New York. Vote of the Board: Ayes: Messrs. Wickham, Moisa~ Raynor, Coyle. Willow Point Estates, Southold. The following letter dated March 11, 1974 was read. To Mr. Raymond Dean, Superintendent of Highways I inspected the roads in Willow Point Estates and found that the repairs called for in my letter No. 103 dated April 23, 1973 had been accomplished. The roads are now in good condition and are in need of no repairs. The amount of drainage seems to be adequate; however, the location of the drainage pipes presents a problem. A Young and Young survey of November 26, 1973 shows the drainage pipe between lots 15 and 16 to be almost completely on lot 15 rather than in the original ten foot easement. According to Mr. George Stankevich, lawyer for Mr. John Szala, the owner of lot 15~ this discrepancy was never revealed to him until after the purchase of the parcel had been consumated. (Van Tuyl survey of August 23~ 1973 for John Szala does not show the drainage pipe.) Mr. Stankevlch states that his client will not grant an easement to encompass this pipe. In addition, if existing surveyor's marks are true, the pipe between lots 20 and 21 is not in the easement but on lot 21. It is recommended that the Young and Young survey be updated to show the exact location of the three drainage pipes and the location of the APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN Rr"IAE)- ~TATI=' RE}AD 25 SOUTH~'IL~), L.I., N.Y. '1'1971 TELEPHONE (516) 765-1809 August 3, 1988 Paul A. Caminiti, Esq. Main Road P.O. Box 992 Southold, NY 11971-0992 Re: Appeal No. 3445 - Julius Zebroski Dear Mr. Caminiti: In updating the above file, the Board asks that you submit the following in order to complete the file: (a) A single and separate title search certified by a title insurance company which includes the history of conveyances involving this land since the acquisition by Mr. Zebroski and certifying the period of time it has been held in single and separate ownership. Copies of any contracts of sale or other legal documents in effect concerning this property at this time. Upon receipt of the above, the Board will be in a position to place this matter on the next available calendar for a public hearing. Please do not hesitate to call if you have any questions and we ask you to keep us advised regarding developments. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 January 28, 1986 Paul A. Caminiti, Esq. Main Road, Box 992 Southold, NY 11971 Re: Appeal No. 3445 Julius Zebroski Variance) Dear Mr. Caminiti: Please be advised that at our Special Meeting held January 21, 1986, the board requested.that an application be made by you for approval by the Suffolk County Department of Health Services under the requirements of ~rticle VI for this project, in addition to Planning Board comments. Please let us know when this process has been finalized. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Southold, N.Y. 11971 (516) 765-1938 February 11, 1986 Mr. Paul Caminiti Attorney at Law P.O. Box 992 Southold, NY 11971 Re: Julius Zebroski set-off at Southold Dear Mr. Caminiti: The following action was taken by the Southold Town Planning Board, Monday, February 10,1986. RESOLVED that the Southold Town Planning Board refer the following comments to the Board of Appeals regarding the set-offs for Julius Zebroski, located at Southold: 1. The Board questions the previous lot splits of Mr. Zebroski's property and the method by which they were obtained since there is no record of Planning Board approval for these lots. 2. It was also noted that the proposed lots are less than the minimum two-acre requirement. If you have any questions, please don't hesitate to contact our office. ~c: Board of Appeals Very truly yours, SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 5OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 January 7, 1986 Paul A. Caminiti, Esq. Main Road, Box 992 Southold, NY 11971 Re: Appeal No. 3445 - Julius Zebroski (Variance) Dear Mr. Caminiti: This letter will acknowledge receipt of your recent appli- cation. The members of the Board of Appeals will be conducting field inspections and.environmental reviews as_~y be required by State and local laws prior to scheduling your ~pplication for a public hearing. _ It is requested in the interim that you proceed with the IX ] Planning Board [ ] N.Y.S.D.E.{. .[ ] Town Trustees in order that they may .submit t. heir written commepts or recom- mendations as early as possible. Upon receipt of their input, your application will be scheduled yo.r the next available hear- ing date. If the above document(s) are submitted by January 30th~ it is expected that the public hearing would be held about the latter part of February. A copy of the notice of hearings as published in the Long Island ~raveler-Watchman and the Suffolk Times will be sent to yq.u as confirmation. Please feel free to call at any time if you have any questions. Yours very truly, GERARD P. CHAIRMAN GOEHRINGER cc: Plann'i.ng Board By Linda Kowalski *P.S. Please furnish us with a copy of a Certificate of Occupancy of the premises as exists as early as possible. Thank you. Southold, N.Y. 11971 (516) 765-1938 January 15, 1986 Paul A. Caminiti Attorney at Law Main Road; P.O. Box 992 Southold, NY 11971 Re: Set-off Julius Zebroski Dear Mr. Caminiti: The Planning Board reviewed the above application at the meeting of Monday, January 13, 1986. It was the consensus of the Board to conduct a field inspection of the premises prior to any action or recommendations. If you have any questions, please don't hesitate to contact our office. Board of Appeals Very truly yours, SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary S,59 O! ~. 78?95 Pr2 EP~d2E D ~ JULI US ZEE~F20~I/__I AT OAYVI E~/ TOWN QF ~OUT'MOLD, VAN TUYL, R_C. REPLY TO: ~LrFFOLK December 17, 1985 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: 3ulius Zebroski Set-Off (106-13) Gentlemen: Enclosed for your review and consideration is a completed application and necessary forms and surveys regarding the above named. We have followed correct procedure for this application as it involves the Planning Board also. If you require any additional information, please contact me at my office. Best wishes for a happy holiday season! Very truly yours, AU~L A~. CAMINITI PAC:sel Enco PARTIES: PREMISES: PF, RSONAL PROPERTY: PURCIIASE PRICE: NYIII II ~1 (Ih, v, I I/llq I'tIN I IIAt'T iii: N^I.I< CO T -~ARNING: NO RF. PRESENTATION IS MADE TIIAT TIllS FORM OF CONTRACT FOR TIlE SALE AND PURCtlASE OF REAL ES'FATE COMPLIES WlTll SECTION 5-?02 OF TIlE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISIt"). CONSULT YOUR LAWYER BEFORE SIGNING Er. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what bappens in the event of fire or casualty loss before the title closing· Unless different provision is made in tbis contract, Section 5-131 I of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fir~ and casualty loss upon taking of title to or possession of the premises. CONTRACT OF SA LE made as of tile day of ALI g U S t , 198 5 BF. TWEEN JULES M. ZEBROSKI Address: Box 665 Bayview Rd., Southold, N.Y. 11971 here nafter called "SELLER", who agrees to sell; and E.F.FICKEISSEN, Address: 200 Oakwood Dr., dr.',i..and DENISE C. FICKEISSEN, Southold, N.Y. 11971 his wife hereinafter called "PURCIIASER" who agrees to buy tire property, including all buildings and improvements thereon (the "PREMISES"), more fully described on a separate page marked "Schedule A," and also known as: Street Address: S/E corner Waterview Dr. & Bayview Tax Map Designation: Dist: 1000, Sec: 78, Block 7, p/o 32.5 Fogether with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9. unless specifically excluded below. SELLER states that they are paid for and~~lien other than the EXISTING MORTGAGE(S). They including, lighting and ?o. king fixtures, bathroom and kitchen cabin~ings, storm wi.nd, ows, window boxes, sto~_ ta u.or t dry, to~.l ?leds, d~ers, air conditioning PREMISES CONSISTS OF VACANT LAND as set forth in attached map. Excluded from this sale are: Furniture and household furnishings, I. Ia) 1'lie purchase, price is JJPayablc as follows: $ 30,000.00 Dn the signing of this contract: by check subject to collection: $ 1,5 0 0.0 0 By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ - 0- ByaPurchaseN[oney~fi~¢an~Mort~gefromPURCllASER(orassigns) toSELLER: $ 15,000.00 ~ee ~l~ ~or ~erms of mortgage BALANCEATCLOSING: $ 13,500.00 ~~~g ~ tte ~XISTI.NG_ ~MORTGAGE is extende~ · ' ~e Purchase Money Note ami Mortgage shall be drawn on the standard form of New York Board of Title Underwriters by the attorney for SELLER. PURCIIASER shall pay the mortgage recording tax, recording fees and the attorney's fee in the amount of $ 1 5 0.0 0 for its preparation. (c) If any required payments are made on an EXISTING MORTGAGE between now and CLOSING which reduce the unpaid principal amount of an EXISTING MORTGAGE below the amount shown in paragraph 2, then the balance of the price payable at CLOSING will be adjusted. SELLER agrees that the amount shown in Paragraph 2 is reasonably correct and that only payments required by the EXISTING MORTGAGE will he made. (d) If there is a mortgage escrow account that is maintained for tile purpose of paying taxes or insurance, etc. SF. IA.ER shall assign it to PURCIIASER, if it can be assigned. In lhat event PURCIIASER shall pay the amount in the escrow account to SELLER at CLOSIN(;. EXISTING MOI~.TGAGE(S): ACCEPTABLE "SUBJECTTO" PROVISIONS: TITLE COMPANY APPROVAL: CLOSING DEFINED AND FORM OF CLOSING DATE AND PLACE: BROKER: STREETS AND ASSIGN- M I'.'NT gE UNPAID AWARI)S: MORTGAGEE'S CERTIFICATE OR I.ETTER AS TO l! XISTING MORTGAGE(S): COMPLIANCE WI'IH STATE AND MUNICIPAL DEPARTMENT- VIOLATIONS AND ORI)ERS: OMIT Il:TilE I'ROPERTy IS NOI' IN TIlE CITY ¢)F NEW YOltK: Mortgage now in the unpaid principal amount of $ and interest at~'~ent per presently payable in installments of $ ~l~al, year, and wit~ .... SELLER hereb at no EXISTING MORTGAGE contains any provision that perm ts the holder of I e mot a ,e to ~ - .............. ,--., ........................ o- - · ................... 2;' fez:eh e: '..':e ::et _._'f CLO£!NG. 3. All money payable under this contract unless otherwise specified, shall be either: a. Cash, but not over one thousand ($1,000.00) Dollars, b. Good certified check of PURCIIASER, or official check of any bank, savings bank, trust company, or savings and loan association having a banking office in the State of New York, payable to the order of SELLER, or to tile order of PURCllASER and duly endorsed by PURCIIASER (if an individual) to the order of SELLER in the presence of SELLER or SELLER'S attorney. c. Money other than. the purchase price, payable lo SELLER at CLOSING, may be by check of PURCltASER tip to Ihe amount of F1ve hundred ($ 500,00 )dollars, or d~ As otherwise agreed to in writing by SELLER or SELLER'S attorney. 4. The PREMISES are lo be transferred subject to: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are nol violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of any structnres on, under or above 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) Subject to application by owner to obtain approval for "set-off" to sell premises to purchaser. Application to b~ filed with Southold Planing Board and Zoning Board of Appeals as required. 5. SELLER shall give and PURCIIASER shall accept ~uch title as any recognized title company , a member of The New York Board of Title Underwriters will be willing lo approve and insure in accordance with their standard form of lille policy, subject only to the matters provided for in this contract. 9. "C~OSING" means the set ement of tile obligor'oas of SELLEB. and PURCllASER to each olS-e including the payment of the purchase ,,price to SELLER, and tile delivery to PURCIIASER of a B aFga ~ n & Sale w/ covenalqts deed in proper statutory form for recording so as to transfer full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law. If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING (al a resolution of its Board of Directors authorizing the sale and delivery of tile deed, and (bt a certificate by the Secretary or Assistant Secretary of the corporation certifying 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. 7. CLOSlNG will take place at tbe office of PAUL A. CAMINITI, Main Rd. Southold at 10:00 o'clock,mx within 30 days after approval of set-off. 8. PURCIIASER hereby states that PURCIIASER ~as not dealt with any broker in connection with this sale other than None and SELLER agrees to pay the broker the commission earned thereby (pursuant to separate agreement). 9. This sale includes all of SELLER'S ownership and rights, if any, in any land lying in the bed of any street or highway, opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes any righl of SELLER to any unpaid award by reason of any taking by condenmation and/or for any damage to tile PREMISES by reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at ('I.OSIN(i, or thereafter, on demand, any documents which PURCIIASER may require to collect the award and damages. I0. SELLER agrees to deliver to PURCIIASER at CLOSING a certificate dated not more than thirty (30) days before ELOSING signed by the holder of each EXISTING MORTGAGE, in form for recording, certifying the amount of the anpaid principal and interest, date of mat~'rit.y, and rate of interest. SELLER shall .pay the fees for recording such cerlificate. If the holder of a mortgage is a bank or other institution as defined in Section 274-a, Real Property Law, it may, instead of the certificate, furnish an unqualified letter dated not more than thirty (30) days before CLOSING containing the same information. SELLER hereby stales that any EXISI'ING MOP, TGAGE will not be in default at the time of CLOSING. 11: a; . ~-? ...... ill .....t.l~ .,ti, ,dl ................. f ;.-,: .......of l .... ;;,ui;i..;..d ..1 di,',~,,c~. _.n, · - n0tea m 0r ~ssued by any governments de ~ar lent ~av ~ out ~orit~ a- t~ ~~~'~'~ .......... xs ~dj~ ; ;~g,;~ ~ ~'SELLE .... ~~!!~ ~;' tire' health and labor on affect h. PR MISES ~ si,all furnish PURCHA s t~::;:ta~5~S,~;;:de INSTAI.LMENT 12. If at thc lime of CI.OSING Ihe PREMISliS are affccled hy an assessment which is ~r may bcconnt pie?aide il) ;lllnllal APPORTIO~q- XXXX} WAI'ER METER READINGS: ALLOWANCE FOR UNPAID TAXES, ETC.: USE OF PURCIIASE PRICE l'O PAY ENCUM- BRANCES: AFFII)AVIT AS TO JUDGMENTS, BANKRUPT- CIES.: I)EED TRANSFER AND RECOR DING TAXF. S: PURCllASER'5 LIEN: SELLER'S INA Ill LITY TO CONVEY ANt LIMITATION OF LIAltl LITY: CONI)ITION OF PROPERTY: ENTIRE AGREEMENT: CIIANGES MUSI- BE IN WRITING: SINGULAK ALSO MEANS PLURAL: 13. The following are i apportioned as of inidnight of the day befoq~ll~ day of CLOSING: ' ',q~ir, i~sXa~ xe~}~}O~ }//OSe)~Xpiil/OlO~XiRO~tR ~/~}g~xO/) Taxes, water charges and sewer rents, on tile basis of the f~s~R period for which assessed. (e) F~01~R,'R~X.X~X~ai~R;{I~}~i{XO~A Lien If CLOSING shalloccur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. 14. If there be a water meter o'n the PREMISES, SELLER shall furnish a reading to a date not more than thirty days before CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last reading. 15. SELLER has the option to credit PURCtIASER as an adjustment of 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 less than five business days after CLOSING, provided that official bills therefor computed to said date are produced at CLOSING. 16. If there is anything else affecting the'sale which SELLER is obligated to pay and discharge at CLOSING, SELLER may use any portion of the balance of tile purchase price to discharge it. As an alternative, SELLER may deposit money with the title insurance company employed by PURCIIASER required by it to assure its discharge, but only if the title insurance company will insure PURCIIASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon request made within a reasonable time before CLOSING, PURCIIASER agrees to provide separate certified checks as requested to assist in clearing up these matters. 17. 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 a satisfactory detailed affidavit at CLOSING showing that they are not against SELLER. 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or County the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed, together with any required tax return. PURCliASER agrees to duly complete the tax return and to cause the check(s) and the tax return to be delivered to tile appropriate officer promptly after CLOSING. 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to tile PREMISES and of any survey and survey inspection charges are hereby made liens on tile PREMISES and collectable out of the ?REM1SES. Such liens shall not continue after default in performance of the contract by PURCHASER. 20. If SELLER is unable to transfer title to PURCttASER in accordance with this contract, SELLER'S sole liability shall be to refund all money paid on account of this contract, plus all charges made for: (i) examining the title, (ii) any appropriate additional searches made in accordance with this contract, and (iii) survey and survey inspection charges. Upon such refund and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further rights against the other. 21. thoroughly acquainted with their condition. PURCIIASER a lo reasonable use present conditio,, between now and CLOSING. PURCHASER shall have tile 22. All prior understandings and agreements between SELLER and PURCtlASER are nmrged in this contract, ti completely expresses their frill agreement. It has been entered into after frill investigation, neither party relying upon any statements made by anyone else that are not set forth in this contract. 23. This contract may not be changed or cancelled, except in writing. Tile contract shall also apply to and bind th~ ;, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereb; authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may require it .~5: Purchase Money Mortgage: Mortgage to be for ten (10} years payable quarterly together with interest at the rate of ten (10%) per cent per annum. Mortgage to contain full prepayment privileges at any time without penalty and also due on sa!e clause. paid hereunder are to be held in escrow. 26. Release of Contract deposit: Monies be released to the seller and not to In Presence Of: Purchaser Purchaser Se)ler STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known to be the individual described in and who execuled the foregoing instrument, and acknowledged tbat executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came lo me known, who, being by me duly sworn, did depose and say that be resides at No. that be is the of , the corporation described in and which executed tile foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h natne thereto by like order. STATE OF NEW YORK, COUNTY OF ss: On tile day of 19 , before me personally came to me known to be the individual described in and wbo executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF On lira day of 19 personally came to me known and known to me to be a partner ill a partnership, and known to me to be the person described and who executed the foregoing instrument in tile parlnership name, and said drily acknowledged that bq executed the foregoing instrument for and on behalf of said partnership. Closing of title under the within contract is hereby adjourned to 19 , at o'clock, at ; title to be closed and all adjustments to be made as of 19 Dated, 19 For value received, the within contract and all the right, title and interest of the purchaser lherennder are bereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Assignee of lStrchaser 1'ITL F~ NO. ( ontrad of ,¢ ale From: PREMISES Section Block Lot County or Town Streel Numbered Address Recorded At Request of First A merican Title Insurance Company of New l'ork RETURN BY MAIL TO: To: Zip No. STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by First American Title btsuram'e Company o.f New York HOME OFFICE SUFFOI.K OFFICE Riv¢.ibcad, New Yolk 1190l (516) .121-3020 (516) 727-5700 1050 Franklin Avcnuc Garden City, New York 11530 (516) 742-7500 (212) 895-8430 NEW YORK OFFICE 17(I Bloadway New Ym k, New Yink 1(gl38 (212) 962-27-12 WFSTCI IESTER OFFICE I Nmlli Broadway While Plains, New Yolk 10601 (914) ~J7-1'14'1 BROOKLYN OFFICE Ih~)klyn. New Yo~ k 112111 (212) 237-7flt~) RODERICK VAN TUYL (L.S.) ~ OTTO W. VAN TUYL COLIN VAN TUYL P.~'C Professional Engineer (Retired) SRODERIOK VAN TUYL, L!censed Land Surveyors FRONT STREET AT MAIN GREENPORT, NEW YORK 11944 (516) 4774) 170 Dec. 13, 1985 DESCRIPTIONS: 1. Zebroski property--liS,795 sq. ft. 2. " Set-off 40,000 sq. ft. 1. Beginning at the point o£ intersection of the northerly line of Main Bayview Road with the easterly line of Waterview Drive, said point being the southwesterly corner of the premises herein described: running thence along said easterly line of Waterview Drive, N.32°53'10"E.-190.O feet to land of Ciard~ullo; thence ~lgng sa~d land, two courses: (1) S.59°O1'E.-210.0 feet; thence 2) N.37~58'30"E.-100.70 £eet~o land of Waddington; thence along said land, S.75°29'E.-273o90 feet to land of Schade; thence along said land, S.25o05'30"W.-228.0 feet to land of Stigliani; thence tlgng sa~d land, two courses: (1) N.66°20'W.-117.63 feet; thence 2) S.43v19'W.-138.0 feet to the northerly line of Main Bayview Road; thence along said line, two courses: (1) N.52°22'10"Wo- 79.31 feet; thence (2) N.59°O1'W.-289.73 feet to the point of beginning. Containing 118,795 square feet. 2. Beginning at the point of intersection of the northerly line of Main B~yview Road with the easterly line of Waterview Drive, said point being the southwesterly corner of the premises herein described; running thence along said easterly line of Waterview Drive, N.32°53,10,,E.-190.O feet to land of Ciardullo; thence along said land, S.59o01'E.-210.O.feet to other land of Zebroski; thence along said land, S.32°30'W.-189.97 feet to said northerly line of Main Bayview Road; thence along said line, N.59oo1'w.-211.28 feet to the point of beginning. Containing 40,000 square feet. To Pa~l A. Caminiti, Esq. rvt Roderick Van Tuyl, PC DISTRICT 1000 SECTION 078.00 BLOCK 07.00 LOT 032.005 QUITCLAIM DEED THIS INDENTURE, made the /~day of ~/~-~/~-~'~, 1982 BETWEEN the COUNTY OF SUFFOLK, a municipal corporation of the State of New York, having.its p~lnczpal office at the Suffolk County Center, Center Drive, Rzverhead, New York 11901, party of the tirst part, AND JULIUS ZEBROSKI, 7375 Bayview Road, Southold, New York 11971, party of the second part, WITNESSETH, that the party of the first part, pursuant to Resglution Number 53-1982 adopted by the Suffolk County Legzslature on February 9, 1982 and. thereafter, app{oved by the County Executive on February 22, 1982, in conslderatzon of ten dollars paid by tile party of the second part, does hereby remise, release, and quitclazm unto the party of the second part, the heirs or successors and assigns of t~e party of tbe second part forever; ALL, that certain plot, piece or parcel of laqd w~th an~ building~ and zmprovements thereon erected, situate, lvznz and bezng in the Town of Southold, County of S~ff~lk and State of New York, and acquired by Tax Deed on February 10, 1981, from Jean H. Tuth~ll, the County Treasurer of Suffolk County, New York, and recorded on February 11, 1981, in Lzber 8959. Page 374 on 375. and otherwise known as and by Town of Southold, Sch. Dist. 5 N-I Uexler; E-Doma Schade; S~Bay View Dr.; U-Waterview Dr.; and further described as H-C~ar~ollo & ors.; E-Schade & ors.; S-Bay View Dr.; W-Waterview Dr., TOGETHER with all right, title and interest, if any, of the party.of the first partgof, in and to any streets and roads abuttzng the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises' herein granted unto the party of the second part, the hezrs or successors and assigns of the party of the second part forever. SUBJECT to ali covenants, restrictions and e~sements..of record, if any. ~ AND the party of the first part, in compliance ~{th"~'~ction 13 of the Lien Law, hereby covenants that the party of the first part will receive ~he 9on~ideration for tOis conveyance and will hold th? right to recezve such consideration as a trust fund to be applied ~zrst for the purpose of ~aylng the cost of the improvement and will apply the sa~e first to the payment of the cost of the improvement before uszng any part of the total of the same for any other purpose. THE WORD "PARTY" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. In Pr-~sence Of: COUNTY OF SUFFOLK, NEW YORK $ ..... Z.t?.:_.'-j.%_ By:eL_ 'r~ ~WILI~£A~I K. LU[,K~UUD ' REAL /Deputy Commissloner OCT 25 ]~7 ~Department of Real Estate SUFFOLR JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICEOFTHETOWNCLERK TOWN OF SOUTHOLD December 17, 1985 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3445 application for J~li~ Zebroski for a variance. Also included is Notice to Adjacent Property Owners; copy of deed; Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; survey; and description of property; and Building Department disapproval. Judith T. Terry Southold Town Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE .../.~/~ ............. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, (V~ .........3.ulius.g.e.,b~:p~k~ .............................. of .......... .B..~.Y.Y.~ ~..W.. ~ .o. ~.d. ......................................... Name of Appellant Street and Number $outhold NY ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DA?ED: FOR: Building Permit WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Julius Zebroski Name of App[icant for permit of Bayview Road Southold NY 11971 Street and "~Jumber Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY a single family residence PERMIT TO BUILD 1. LOCATION OF THE PROPERTy' .$J~-.cor. nec..oL~3ayu, ie.~.~Ld..and..~.ate~.~ie.w..Dzi.ve .............. Street and Hamlet Zone ....S..e.{:.,.Z.$,...B..l..o..c..k..Z.~...L..9.t....p./..O....3..2...7. ...................... OWNER (S): · .3ulJus .Zebr<~k½ ............ Mop No. Lo No. 19/4# DAT'R. PURCHASED: ..................... 2, PROVISION (S) OF THE ZONIN-~ ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III , Section 100.31 3. TYPE OF APPEAL Appeal is mad~ herewith for (X) A VARIANCE to the Zoning Ord,~ance or Zoning Map ( ) A VARIANCE due to lack of c:cess (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous app*:al .(has) (has not) been made with respect to this decision of the'Building Inspector or with respect to this property. Such Gppeol was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 X) A Variance to the Zoning Ordinance ) ~s requested for the reason that we ~ould l±ke 'co set-off corner lot from our parcel and sell lot so that it would be suitable ~or construction o~ single family residence. Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because I presently own a parcel approximately three acres in si~e ~hich consists at a private dwelling, a shed and a barn. Pti. or to the present zonin§ regulations I sold oft several smaller lots along Waterview Drive but tailed to subdivide my existing three acres. I would like to sell the corner acre but it is undersized according to present standards. I have a contract for the sale of the lot (per contract attached) and need a variance tar the insufficient acreage. Without the variance the property can not be sold or otherwise used. I have been a farmer all my life but can no longer do it and it would be too expensive to clear the ]and. ?. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because I originally farmed the whole area and own all the property in the immediate vicinity. Over the years I have partitioned the property and sold oJ[t lots as I required the money. Today the whole community has built single family residences on Waterview Drive. It is a lovely little area near Goose Creek dotted with new homes. All the lots are one-third acres and some across Bayview Road are even smaller. 3 Tl~e Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CtlARACTER OF THE DISTRICT because all the homes in the immediate area are built on smaller lots as reflected on the attached tax map. Examination at the tax map shows practically every lot in Block 7 is less than one acre. Practically every lot in the surrounding Blocks, tive, six and nine are less than one acre. The only lots that are one acre are the' lots that ! sold att within the last couple of years. I did so in order to comply with existing zoning requirements. The corner lot !parcel to be set off) is on~ tull acre consisting at #0,000 sq. tr. My remaining parcel is almost two full acres consisting at 7g,795 and both lots are in conformity with the character of the district. The houses just recently constructed across the street tram me, on Bayview Avenue are built on much smaller lots and they look beautiful. COUNTY OF ~. ) re Sworn to this .............. ~.~.'~. ................. day of ............... .~..~.~.q~....~...'~- ................. SHIRLEy FITZGERALD Notar),..Pubiic, State ~f New York ~,. r _ ~ tt ......... 0 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because ! presently own a parcel approximately three acres in size wh which consists:of a private dwelling, a shed and a barn. Prior to the present zoning regulations ! sold off severa! sma!let lots along Waterview Drive but failed to subdivide my existing three acres. ! would like to sell the corner acre but it is undersized according to present standards. ! have a contract for the sale of the lot (per contract attached) and need a variance for the insufficient acreage. Without the variance the property can not be sold or otherwise used. ! have been a farmer all my life but can no longer do it and it would be too expensive to clear the land. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate viciaity of this property and in this use district because ! originally farmed the whole area and own all the property in the immediate vicinity. Over the years I have partitioned the property and sold off lots as ! required the money. Today the whole community has built single family residences on Waterview Drive. It is a lovely little area near Goose Creek dotted with new homes. All the lots are one-third acres and some across Bayview Road are even smaller. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE Cf IARACTER OF THE DISTRICT because all the homes in the immediate area are built on smaller lots as reflected on the attached tax map. Examination of the tax map shows practically every lot in Block 7 is less than one acre. Practically every lot in the surrounding Blocks~ five, six and nine are less than one acre. The only' lots that are one acre are the lots that ! sold off within the last couple of years. I did so in order to comply with existing .zoning requirements. The corner lot (parcel to be set off) is one full acre consisting of 40,000 sq. ft. My remaining parcel is almost two full acres consisting of 78,795 and both lots are in conformity with the character of the district. The houses just recently constructed across the street from me, on Bayview Avenue are built on much smaller lots and they look beautiful. COUNTY OF Sllff~o~K ) Sworn to this ........................ SHIRLEy FITZGERALD Notary Public, State of New York · ~ .N,.o.: 24-01FI4706845 ~Li~.~i j.~ uomrnission expires ~arch 30.~19~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR DATE .... ~..J.... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, 06~) ......3uJ, Lus.Zebzoski ................................ of .. Bay. view Road Name of Appellant ..................................................................Street and Number .................... NY ......... $.o.u. thgkd. ....... Municin~Jii~ ................................................................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: POR: Building Permit WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) .............. JuJius..Z~b~.9~k~ ........................................ Name of Applicant for permit of B a yy.],.e.w...R..o.~d Southold NY 11971 Street ;~"~;~;~'; ........................ '/~'~'i'~i~;iii~ ................... §~;i;; ....................... PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD a single family residence J, LOCATION OF THE PROPERTY .5/E.c~rner .o,~ B~,XXi.~.~....R..d..:.and...~.a..t..e..ry..i..e..w...,,D..rj.y..e. ............. Street and Hamlet Zone $.¢C., ~.8.~ .B.]..o..c..k. 7~ Lot P~O 32.7 OWNER(S): ..~ugu~hr.o~kJ.. Map No. Lot No. 19#t~ DATE PURCHASED: ..................... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III , Section 100.31 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Ar~. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal .(has) (has not) been made with respect to this decision of the 'Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Doted REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ,s requested for the reason that we ~ould Like 'co set-o~f corner lot from our parcel and se]] lot so that it would be suitable for construction of single family residence. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because I presently own a parcel approximately three acres in size whch consists of a private dwelling, a shed and a barn. Prior to the present zoning regulations I sold off several smaller lots along Waterview Drive but failed to subdivide my existing three acres. ! would like to sell the corner acre but it is undersized according to present standards. I have a contract £or the sale of the lot (per contract attached) and need a variance for the insufficient acreage. Without the variance the property can not be sold or otherwise used. I have been a farmer all my life but can no longer do it and it would be too expensive to clear the land. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because I originally farmed the whole area and own all the property in the immediate vicinity. Over the years I have partitioned the property and sold off lots as I required the money. Today the whole community has built single family residences on Waterview Drive. !t is a lovely little area near Goose Creek dotted with new homes. All the lots are one-third acres and some across Bayview Road are even small, er. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CI IARACTER OF THE DISTRICT because all the homes in the immediate area are built on smaller lots as reflected on the attached tax map. Examination of the tax map shows practically every lot in Block 7 is less than one acre. Practically every lot in the surrounding Blocks, five, six and nine are less than one acre. The only lots that are one acre are the lots that I sold off within the last couple of years. I did so in order to comply with existing zoning requirements. The corner lot {parcel to be set off) is She full acre consisting of q0,000 sq. ft. My remaining parcel is almost two full acres consisting of 78,795 and both lots are in conformity with the character of the district. The houses just recently constructed across the street from me, on Bayview Avenue are built on much smaller lots and they look beautiful. STATE OF NEW YORK COUNTY OF ~[ Sworn to this ..................... SS SHIRLEY FITZGERALD Notary Public, State of New York TOWN OF SOUTHOLD, NEW YOR~ APPEAL FROM DECISION OF BUILDING INSPECTOR DATE ....... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. l, (~ 3ulius Zebroski of Bayview Road Nome of Appellant ............................................................................ Street and Number Southold N Y Munici~iii~, ................................................................ HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: FOR: Building Permit WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ................. Zu. !.i.u..s....z..e..b.r.9.s..k. L ..................................... Name of Applicant for permit of Bayview Road Southold ....................... NY 11971 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO BUILD a single family residence 1. LOCATION OF THE PROPERTY ...5/.E fio.~:n~;~' Q~ [~N~Yt ]~d ~.nd ~tervie.~. Drive Street and Haaulet Zone Sec. TS, Block 7, Lot P/O 32.7 OWNER(S): ...2uUu~.Zeb~askL.. Map No. Lot No. 19/4-# DATE PURCHASED: ................. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article Iii Section 100.31 3. TYPE OF APPEAL Appeal is made herewith for ( ~( A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal {has) (has not) been mode with respect to this decision of the J3uilding Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ) X) } REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance requested for the reason thor we would like to set-off corner lot from our parcel and sell lot so that it would be suitable [or construction ot single tamily residence. FmTn ZB1 (Continue on other side) IlO^RD OF APPEALS° In lite Mailer oi the ~elhi()n ()f : -~broski, Set-Off t. the l~omd uf Appc~ls.f the 'fowl .f Sou I d : Mr. Robert ~addington Main Road Acquebogne, NY 11931 Y(IU ARE II[R[IIY NOTICE TO ADJACENT PROPERTY OWNER I. Ihal it's ti e tlenh...f lite t c ct~i~:.,c,I f. pelltio, lite Ii(lard .f Appeals of lite [own of South.hi t,ttequesta~,{Speclal Except(mt) (Sp~cl.dl'ru.it) (Other) [circle choice] Z. ]hat Ihe pl{u~elly which i~ Iht t:uhjecl ,f Ille I'clhi,m i~ h~cated adj.lcent h) your properly and is des- ~ Hi,rd ~ follow~: .... 3~Ma~yview_.Road,_SQu~,~y. ................ ~/~-~nr~Mai~ ~yv~ew Road and Waterview Drive) ~" 3. Ih.ti lhe ptopelly which i~ Ihe ~ ~iecl ,4 ~uch l'eIilh,~ i~ I.caled iu Ihe following ~oni~g dj%If(ct: ............. A-Reside[ia I _ .I Ih.~l hy ~t~(h I'elillmh Ihe mttlel~i~:ned will ecq~e~l d~e lull.wh~ ~cllef: . Set-Oil parcel of property with i~UUicient area. hal tile I" Ivisiotr~ ol lite 5mJth.h~ I nwn.7, ttllittx C.de ,tlq~licaltle to the relief sought by the under- Article _ 1 Sect_loll 106-20t ArU_c__le__l]_[' ~ection 100-31 6. Ihal whhin five tlat.~ Itum Ihe dale ice[eof, a wi(lien Peliliuu teq,esliog the lei(el specified above will he filed itt lite .%,,,,Ih,~hl 1.w ~ Cl~tk% OFfice al M.~i~ Ro~d Soulhold. New York a,d you may then and Ihere e. a rune lite ~3me ~ r'"R ~egular office hours. (5~6) 7~5-1~09. - - 7. Ihat he'me lite ~c e( ~)uRhf may he ~fa*tled, a poldic healing must be held on the matler by the Iinaf.(I .I Appeals; Ih.~f a re)lice l~ea~mR in the 5uff,.Ik I h.e~ ami in the I.n.g hf.~,l ~V~f~r. Matthuck Wald.nan, newspapers published in the ~ow, of 5uulhold and ,le~ig.a ecl for the p,hli~ati.n .[ such notlce~; that y~ur your reprcsehfatlve have Ihe ,,:hi 1. aI,pe.,r a,,d l,e I,r~,d December J~, ~ / ...... f~ )ulius Zebroski Pt~sl Df(ice Address P.O. ~ox 992 Southold, NY 11971 TEL(516) 765-1,101 zl, s-¢0~-¢~at 'O'd'0'S'~l ~ ~861- 'qed '008~ W JO4 Sd ; STALE OF NEW YORK ) COUNTY OF SUFFOLK) _ ~H~n F_ l.c)nl[ , residing at Marion Lane~ East Marion~ _ N~w York , heing duly sworn, deposes and says that on Ihe ~ day of_~er~mhffE , 19 85 , deponent mailed a Irue copy of lhe Nolice set forth on the re- ver~e ~ide hereof, direcled lo each of Ihe ahove-~amed person~ at lhe addresses set opposite lheir respective names; Ihal ,he addresses Scl oppO~ile Ihe names of said person~ a~e Ihe addresses of said persons as shown on Ihe cur~e~tt assessmenl [oll of lhe Town of Soulhold;Ihal said N~llces were mailed al the United Stales Post Of- lice al .... Rn-thnld, ~Y~197~ (cerli[ied~ (~egisle~ed) mail. ; Ihal said N~lices were mailed Io each of said person~ by day ~f .~~(~ ~__ / Qualified in Kings County . ? Commission Expires March 30, 19~--~,'- Susan E. Long '~ ~--~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of 3ulius Zebroski~ Set-Off to the Board of Appeals of the lown of Southold TO: teatrick J. Stigliani & Wf. 50 Fleetwood Avenue Mount Vernon, NY 10552 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Thee intention of the undersigned to petition the Board of Appeals of the Town of Southold to request all~V~anance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 7105 Main Rayview Road.. Southold; NY ( S/F. corner of Main Bayview Road anC] Waterview Drive) 3. That the property which is the subject of such Petition is located in the following zoning district: A-R esidential 4. That by such Petition, the undersigned will request the following relief: Set-Off parcel of property with insufficient area. 5. lhat the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are ~rtXcle I Sect_LoB 106-20. Article IIL Section 100-31 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold lown Clerk's Office at Main Road Southold, New York and you ma>' then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: December 16, 1985 . itioner Paul A. Caminiti, Esq. for Julius Zebroski Post Office Address Southold, NY 11971 TEL. (516) 765-1401 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) Susan E. Lon~ , residing at Mn~-inn ~ =,~,~ ~°~* ~on, New Ynrk - , being duly Sworn, d~s~s~-d ~-~n t~e ~ day 0f ~ecember ,19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side her,:of, directed to each of the above-named persons at the addresses set opposite ~heir respective names; that ,ne addresses set opposite the names of said persons are the addresses of said persons as shown on the current ass~sment roll of the Town of Soulhold; that said Notices were mailed at the United States Post Of- rice at ~n~thnld. NY 11971 ; thai said Notices were mailed to each of said persons by (certified~ (registered)'mail. Susan E. L Sworn / · PAUL ~ ~lNm N~a~ Publ~, 5~e ~ N~Y~ No. 2~BB81910 ~ Qualifi~ in King~ Cou~ ~ Cnm~iss~an Expires March 30. lg~ BOARD OF APPEA_LS, TOWN OF SOUTIIOLD In the Mailer uT lite Pelt/ion of 'h,li.~ 7~hrn~k-i; K~t-C~ff to the Board of App~ls of Ibc '[own of Southold 10: G.P. 5chade & Cedar Drive SouthoJd, NY H97J NOTICE TO ADJACENT PROPERTY OWNER YOU ARE IIERU]Y GIVEN NOIICE: [ I. 1bat it is tile inlenlion of lite undersigned Itl petition the Board of Appeals of Ihe Town of Southold torequesl~(Special Exceptlo.) (Special Permit) (other) [circle choice] 2.1ha! tide property which is Ihe subiecl of Ihe Petition is located adjacent lo your property and is des- cribed as follows: 710~5 Main Bayview Road~ Southold~ NY ( K/~rner nf Main B~_Vj_e~ Road and W~t~rvl.w ~riv~) 1hal tide properly which is lite suhjecl of such Petilion is located in tile following zoning dislricl: A-Residential 4. ]hal by such I'elilion, lite ooder~igned will requesl lite following relief: Set-Off parcel of property with insufficient area. 5. I hal Ihe p~ovisions of lite Soullmld 'I own Zoning Code applicable Io tile relief suugllt by Ihe under- signed are Article I Sectionl06-20, Article lll~ Section 100-31 6. 'fha! within five days from tile (late hereof, a written Petilion requestin~ Ihe relief specified above will he file. d in the Soulhold Tuwn Clerk's Office at Main Road, Southold, New York and you ma), then and there examine lite same during regular office bouts. (516) 765-1809. 7. Thal her.re the relief soughl may be granled, a public hearth8 must be held on the mailer by the Board of Appeals; Ihat a nolice of such hearing must be publisbed al least five days prior to Ihe date of such hearing in the Suffolk Times and in lite Long Island Traveler-Mattiluck Watchman, newspapers published in lite ~r your representative have Ihe 1own of Soulhold and designated for Ihe publication of such notices; that you right to appear and be heard at such hearing. ~ Uated: December 16, 198~ rPaul A~ ,~mminiti, Esq. for :lulius Zebroski · ost Office Address P.O. Box 99? Southold, NY 11971 TEL. (516) 765-1401 S'rA1£ OF NEW YOrK ) COUNTY OF SUFFOLK) Susan E. Long _~ residinl~ at Marion Lane, East Marion, New York __, being duly sworn, deposes and says that on the 16 day of December , 19 85 , d,~ponent mailed a Irue copy of the Notice set forth on the re- verse side her/:oF, dire(led Io each of ihe above-ha .ed perso.~ at the ad(flosses 5el opposite/heir respective name~; lhal ,he addresses ~el nppo~Jle lite names ~:r said person~ are the addresses o[ said persons as shown on lite ct~rrent Assessment roll of the T.wn of S.uthold; th~l said Notices were mailed at the United Slates Post Of- lice ~t .... ~thoid~ NY JJ971 ; Ihal said N.tices were mailed to each of said persons by (cerlified~ (leRisle~e(I) m~il. No. 24-55~19 ;~ _ ._ ) Susan E. Long UOARD OF AP_PEALS, 1OWN OF SOUII rOLl) hi Ihe Mailer or lite Pelili,m of 3adh~ 7ehto~ki. SeLf_Off Io lite Board of Appeals of Ihc lown of Soothold 'I O: Robert A. Schade & Cedar Drive, Box 331 Southold, NY 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARI_' IIER[llY (;IVI:N NOIICI:: I. Ihalit islhei~le.lim,,)ftheu tletslg~wdlopclillo, the Uo.~rdoIAppealsoflhe'row. oISoolho~l to,rq,,e,la~Speci~lLxccp~io,,)(SpeciaiPermit) (Other) [circle choice] ~ 2. ] hal the I-opel ly which i~ tl,e sul,iect of the l'etiliolt b, located adjaceut lu your property ami is des- crlbcd a~ follow~: ...... 21O~Main-J3a¥~ie~v-~Rc~ad~ .SQLLULoJd~ N~Y ................. (-.5/~ £orne~.~O_:[__M~ai~n~ B~yview Road and Waterview Drive) 3. 'Ih.t! II,e Prol,erl¥ which i,~ Ihe ~.ul)jecl of '.uch l'elilJ,m is Iocaled in lite followit~g zo~in~ dlslricl: ................. A--ResidentiaJ ,I. 'lhal by such I el~! , Il e o.( et~ge~e(I will tetlUeSl the followiog relief: Set-Off parcel of property with insufficient area. ~$. I h41 the I,t,,vi~.i,ms of lite 5,mthold Iow. Zoui.g Code apl)licahle to the relief sought by the tmder- ~il[.ed a~e Article .. I _.. Scctiot] 106-20~ Article 111, Section 100-3l 6. ]hal wilhi, five da¥'~ from Ihe dale hereof, a written Pelillo. reqoesling the relief specified above will he filed itt Ihe .~-.ll,old Tow. Clerk's Ol'fice al Mai,, Road .C,o.lhold, New York and you Ina)/Iheo and there ex.~mi.c ti c ~ame duri.g legtdar office hours. (516) 7~5-1809. 7. lhal bef(.e Ihe teller so.gl,! may be g, amed, a public hemi.g must be held on the mailer by Ihe Iloa~(I of Appeals; Ihal a m~tice ~f st cl~ hearmR musl he p.bllshed al least [Jvc days prior to the date of such healing in Ihe Suffolk ~ime~ and in lhe I.OnR I~la.d 'Iraveler-M,~llhock Walchman, newspapers published in Ihe 1 own o[ Soulhohl ami de,ignited for Ihe publicalim~ of such .ollces; Ihat you or your represenlative bare Ihe right to al)pear aftcl be heard at $tldl heafi.g. Dated: . December 16~98~ Petitioner Paul A. Caminiti, Esq. for 3ulius Zebroski Po~t Office Address P.O. Box 992 Southold, NY 11971 TEL.(516) 765-1401 STATE OF NEW YORK ) COUNTY OF SUFFOLK) Susan E. Lo_gg _~ residing at Marion Lane, East Marion, New York _. heing duly sworn, deposes and says Ihat on tile 16 day of December , 19 g.5 , d'ponenl mailed a true copy of Ihe Notice set forth on the re- verse side her~:of, direcled Io each of the ahove-na ~ccl persons al the addresses set opposile their respective name~; thal ,he addresses Scl opposite lhe names ~' said person~ a~e Ihe addresses .f said persons as shown on lhe cnrtent assessnlenl roll of the Town o[ S.uthold; lhal said Nollces were mailed at Ihe Uniled Stales Post Of- lice al Southo]~ 11971 ; Ihat said Nolices were mailed Io each of said persons by (cerli[ied~ (leRisleled) mail. ~ Susan E. Long BOARD OF APPEALS, TOWN OF SOUTIIOLD In the Matter or Ihe Petition of : .lulius Zebroski Set-Of:~ : : to the Board of App_sals of the Town of Southold : TO: Ms. Sophie Ciardullo Waterview Drive Southold New York 11971 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE IIEREBY GIVEN NOI'ICE: 1. llrat it is file intenhon of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~_~rianc~.~(Special Exception) (Special Permil) (Other) (circle choice] ).. 2. That the properly which is the subject of the Petition is located adjacent to your property and is des- cribedas follows: .... llo5 M=in P.~yv[e:at ~d; q~.t~ld, M~ __{~ corner oi Main Bayview Road and Waterview Drive) 3. 'that the properly which is the subject of such Petition is located in the following zoning district: A-Residential 4. '1 hat by such Petition. the undersigned will requesr the following relief: Set-O£t parcel o~ property with insufficient area. 5. 'lhat the provisions of the Southold ]own Zoniug Code applicable to the relief sought by the under- signed are batticle I,, Section 106-20 Article III. Section 100-31 6. 'it, at within five days from tire date hereof, a written Petition requesting the relief specified above will he filed in the Southold Town Clerk's Office at Main Road Southold New York and you ma)' then and there examine the same dur ng regular office hours. (516) 7~5'-1809. 7. That before tile relief sought may be granted, a public Irearing must be held on the matter by the Board of Appeals; timt a notice of such hearing must be published at least five days prior to Ihe date of such hearing in the Suffolk Times and i~r the Long IslandTraveler-Mattituck. W,a't'~man, newsp~l~'r's Published in the Town of Southold and designated for the publication of suclr notices; l.l~at ~ou or~,,oti~/presentat~ve have the right to. appear and be heard at such hearing. Dated: December 16~ 1985 ~' ' Post Office Address P.O. Box 992 Southold, NY 11971 TEL (516) 765-1401 zLs'~ot';~6~ 'o"~'o's'n ~961- 'qed '00~ tmod STATE OF NEW YORK } COUNTY OF SUFFOLK) S,,~n F.. Long , residing al Marion Lan% East Marion, Now Ynrl~ , heing duly sworn, deposes and says that on Ihe .J(~ day of rlee~rnhejL , 19 85 , deponenl mailed a true copy of the Notice set forth on the re- verse side her,of, direcled Io each of Ihe above-named persons al lhe addresses set opposite their respective name~; that ,he addresses set opposile Ihe names of said persont a~e ~he addresses of said persons as shown on the current assessment roll of the Town of Soulhold; thal said Nolices were mailed at lhe United Slales Post Of- lice al Snuthnld, NY 11971 ' Ihal said Notices were mailed to each of said persons by (cerlifi~ (registered) ~ail. ' Sworn lo I~fure me Ibls /~ Susan E. Long dayor. ~~ ,~ ~ PAUL ~ITI ~' N~W Publi~e ~ New York ~ No. 2~5581910 Qu81~i~ in King;~ County ~ C~ml~ion ~lres March 30. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL Date ...J.~-~.~C,-~...~A"..../..ac. .... , 19 .~..~.~. PLEASE TAKE NOTICE that your application aatea ... [~~/.~ ......... 19 .~ for pemit to ~ ~. :~~ .... ~.~ ............................... at County Tax Map No. 1000 Section .... ~. ~ ..... Block .... ~ ...... Lot . .~: ~ ...... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the follo lng grounds ....~... ~ .~....~.....~.. q-~&q~ .... Building Inspector RV 1/80 misston of Lhis~rln, and dn envtron,lmnLdl.ljJ[j~view will be made by th~s bo~l~l before ~NSTT~I~TICNS~ (a) ]~ order to answer the questionm in thla shor~ ~AF is ia aesumed that tbs preparer will u~e currently available !r. forr.~tlen concerning the project and th, likely impacts of the action. It is no~ ex-p. ected that additional mtudi·~, r~acarch er other investigations will be undertaRen, (b) If any question hs~ been answered Yes the project may be ·igniftcan~ and a completed Enviro~mqntal Aaseazment Fo~m is necee~arf. (c) I£ all questions have been answered No it is likely that this project Is nc~ significant. (d) F~'/irc~ental A~ess.ment 1. Will proJgct result in a largs physical change to the project sit· or physically ·lter more t~n 10 acres of land? , · · * · · . , , Ye· ~ No 2, WIll there be a major ch·nge to any unique or X unuaual land form found on th· mite? , , ,, Yea ~ Ne ). Will project alter or have a large effect on an existing body of water? · , · · · , , Yes X No &, Will proJec~ have a po~entially large impa~ on groundwat,r quality? , , . , , , . , , . Yes X No ~, Wi_Il project significantly effect drainage f~ow X 6, Will project affec~ any threatened or endangered ?, WI!i project reJult in a major adverse elf·ct on X air quality? , , , ..... , Y~s , No 8, W~I proJe:t have a ~aJor effect on visual char- know~ to be important to the ¢om.munity? , , , . . Yes . .X No 9, Will pro~¢t adversely im. pact any site or struct- ure of historic, pre-historic, or paleontological importance or ·ny site desigl~atsd as · critical 10. Will project have a major effect on exiating or future recreational opportunitiem~ . . . Yes ~ No 11. Will project result in major traffic problems or cauze a ma3or effect to existing transportation 12. Will project regularly cause objectionable odor~, noise, glare, vibra~ion, or electrical disturb- 13. Will project have any {mpact on pub].lc health or lA. Will project Affec~ ~he existing community by charact%~ of tr.~//o~r ne ighbor~ooo?. , -- Yes X ~lille' TI,. / J~.i'fisZebroski T .. # QUESTIONNAIRE TO BE COMPLETED AND FILED WITtl APPLICATION TO THE Z.B.A. RE: 3ULIUS ZEBROSKI - Set-Off The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony [3rook, NY 11794, (tel. 516-75F-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony B.-ook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions} as early as possible in order that we may continue processing your Z.B.A. application. I ] I. I ] ~. lXl 3. I i 4. [ l [ ] [ ] 7. Waterfront without bulkheadin9 Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfr6nt or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental [ ] 50' existing road [ ] existing structures [ ] bluff area more than I0' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfrot~t area. Please' be aware that any and all subdivisions and new dwellings will also requi,'e an application to the N,Y.S. Department of Environmental Conservation for their review and approval, If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State t.aw and to prevent any unnecessary delays in processing your application(s).