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__. . L.�__ ,�,_.. ��.� � ��..,,� 1J� -f�rc .e�//!1 �i % ✓G+.t( �5�' �Cfc � L-./� 3 � ' _ �c���`�' c� �- .1 . .y APPEALS BOARD MEMBERS Gerard P Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF JANUARY 22, 1998 Appl. No. 4501 - E. NAGY PARCEL 1000-27-4-2 & 3 (combined) STREET & LOCALITY: Harbor Road, Orient DATE OF PUBLIC HEARINGS: August 28, 1997; September 25, 1997; January 15, 1998. FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION: This property is located in an R-40 Low -Density Residential Zone District, being situate on the southerly side of Harbor Road, Orient. The subject lot (2 & 3 combined for this waiver) and the adjoining improved lot (#1) are merged, and together contain a total area of 51,159 sq. ft. and 232.57 ft. frontage along Harbor Road. Lot #1, separately, would consist of 22,714 sq. ft. as confirmed by deed dated 1/22/1970 at Liber 6696 p. 419, and Lot #2 with 3 as combined into one would consist of 28,445 sq. ft. Lot #2 is shown on deed dated 1/10/71 at liber 7024 p. 46, and Lot #3 is shown on deed dated 10/1/71 at liber 7024 p. 421. The subject property is shown on the Flood Elevation Maps of Southold Town to be A7 (confirmed by surveyor with required elevation variables at 10 ft. and 9 ft.) A large portion of the land (sketched envelope area for the location of building) is shown to be at an elevation four (4) feet above mean sea level at (natural grade). Along the east/southeast side of the property is a paper right-of-way. To the south are rock jetties and Orient Harbor. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated July 7, 1997 which reads as follows: "...1) the non -conforming lots in question, Tax Map #1000-27-4-1, 27-04-02, 27-04-03 were created by deed in 1965. Both lots 27-04-03 and 27-04-02 are not recognized as they do not conform to the minimum lot requirements set forth in Bulk Schedule AA as of the date of Lot Creation, Article Il, 100-24A(1) . 2) Nonconforming lots 27-04-01, 27-04-02 and 27-04-03 have merged being held in common ownership after July 1, 1983, Page 2 - January 22, 1998 Re: 1000-27-4-2 & 3 (Nagy) Southold Town Board of Appeals Article Il, 100-25-A. Action required by the Zoning Board of Appeals....,' REQUEST FILED BY APPLICANT: Approval of waiver to recognize lots 1000-27-4-2 and 3, as a combined separate lot more particularly shown on the April 15, 1997 survey, revised October 31, 1997 map submitted for consideration and made a part of this file. Combined lot #2 and #3 are unimproved vacant land and contain a total area of 28,445 sq. ft. and a lot width on Harbor Road of 132.57 feet. Approval of Waiver to recognize lot 1000-27-4-1 as described in deed dated 1/22/1970 at Liber 6696 p. 419. Lot 1 is improved with a single-family residence and consists of 22,715 sq. ft. and lot width of 100 ft. on Harbor Road. REASONS FOR BOARD ACTION, DESCRIBED BELOW: 1. The waiver will not result in a significant increase in the density of the neighborhood because the applicant seeks to reduce the degree of nonconformity of two substandard lots (2 & 3) by combining the two lots into one larger lot. No significant increase will occur from one single-family dwelling unit if the combined lot is improved. 2. The waiver would recognize a lot that is consistent with and exceeds the size of the adjoining lots to the east on Harbor road, and to many of the improved lots north of Harbor Road. 3. The waiver would recognize the exterior dimensions of previously created lot lines. 4. The land may require a change in alteration in the contours or slopes, and/or filling. However, the relevance of such factors has not been sufficiently established for consideration in this waiver of merger request.' RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the requested Waiver, for the reasons noted above. VOTE OF THE BOARD: AYES: MEMBERS TORTORA, DINIZIO, Is .� Page 3 - January 22, 1998 Re: 1000-27-4-2 & 3 (Nagy) Southold Town Board of Appeals COLLINS and GOEHRINGER. This resolution was duly adopted (4-0). (Member Horning of F.I. was absent -excused.) ****ss*****s*s*s*s*ssss*sss**sss AS400/ /Actions. all/ 27-4-2&3 CHAIRMAN Approved for Filing 1/26/ RECn I?775D AND FILED BY r. - ' the Bhilr t inspectort to which�appij cant a', I. for a building permit ': J s regaradn6 dacement of two accessory buildings as located in the aide yard area. $ 'Location of R[oye_rty: 3000 -Reeve Avenue, tKattibrck, Nir County 1hx '- .. p Map Parcel No 10W'100-1-6. - 7:00pm Appeal No 4445=14fary- �' Taaguey. Thisisarequest foravar;aace - based. upon tine Marcl.20, i996 Anion of Disapprove} by the Bm')ding Witector . as pe Arade fB, Section 100-32 for the'. Proposed irisuffident lot area in this pro. posed setoff or minor subdivisiorc for two tots, sitaated along a private right - ex tending from Little Neck Road; Cmch0 e; fk+unty Parcel ID No. ' 1000-103 5-2.1 consisting of 143,020. sq.,8. l oposed is the rsdncnon of land - area for two .parctlay�eac)t less '. Naggy: This is a request for a.Waiver .. under:Ariicle lf, seetfoh 100-26 bases upon:'ihe luiy 7;1991 Notice: of . DisaPPW of the _Building Inspector it stating twa lessons: (1) u, 1 1—.cle or . on d) lan+l amaideatifuxt a"a'1000-27 d-2 and.`i000-27;1.3 were'. 6,g deed In 1965.' . d6 not meet - .e.preaied Ule_nimlmum Of rpgt menta M500' _ a* and (2} rmderAthcle'1I section' IM land saes merger exists for .. IIXIO- 7W1; 2 8c,3 having been held m cormrian'ownership atter, July $'1983. Loption.otPmperty: Ifarbor Road, Ori- . en% I&I:�Applirxntptoposea 29,445. sq. . fi. oflagGlarea aad 1 7lot width as. to andwith a remaining bouselot of 20,000 t at, and lot width of 'a IAO feet to 1000-27.4-1. Zone DrSttiah R-40. (Schedule AA as revised - ", Iuiy i2; I997 shows a siza requirement. 10fa,created betweeriAprr7 1957 then ' No0euSber 1971 at Woo sq. O, and 100 ;„ 8lofwidfh.) Lente Development Corp. Tbis is �r request for. a Variance under Article - . M for permission to contend deck ' )' addition to condo unitH60 at 135 R60 NUi'fC2':KlV:J $ (blabs way, Gmertpott, New Ymk; STATE OF NEW YORK) s+ NtYI'ICEIS BEREBYGfVEN-Pun: Currl+Il Parcel,No. 1000-40.1.1-60 due .susm to section 367 of Ute lbvrit Law. to pra'posi d,reduction in the from yard ) SS_ and the Code oftiwToim of 9m+thetd,.: followppluaNfons wilt be held:. ing a setkmtdf at; less than 35 feet. Zone DistnebAiEl: .. ... C F SUFFOLK public bearings by the.'SOUCIIGLD: WN HOARD OFAPFIrAIS at the. ` ' lise:i aril of Appeals will at acid °+one au3;plaae hear anypna mpermns.: '."Ter of Mattifuek, in thold'lbwn flap; 53095 Minn Road,' a repreaetdatives des'ning to be learn to said County, being titp sworn, says that he/she Id;NewYork 11 7L on 17ilIRS• AY;,AtTGUb`C 2t4; -i947 of the times = the abase applications: Site above hear-. ' mgs wr7Fnot start before The time desig- is Principal Clerk of THE SUFFOLK TIMES, a oG.d below (m as soon tfereat%r is -. tbk}..•;, ,- ; ,. - nate& Each file is available for review during regutarbusmesshours (8-4 Weekly Newspaper, published at Mattitnek+ in 6-45 pm AppL- No 449$ '=. " Wri[tsn' entswigalsobeaccepted the. Town of Southold, County of Suffolk and Iicetton of Anne M Shann This an application el based upon diune24, , before that heamtg is concluded. If you have 46ms ons+ please do not hesitate to State of New York and that the Notice of which + Not' « of DisapptovaYby'the 1 'Iding inspector m which applicant caB7s;rz#o9 Dated;Ivty 31,1997. . the annexed is a printed copy, has been regular - ested.a builahgpetnut to consWLI 8*1JRDBR OV MSOUTAOLD ly published In said Newspaper once each week t ck addition and acassorq shed : T()VFN BOARD OF APPEALS ansa are requested under Arrtel Se'Ction 100-3OAe3` `r`�" , x,'Q Chairtna''n - ftlr : weeks eeessi ely eppMoliencing on --7 ,fBullt'ScheUvu`eg� R 2m a of Santa to Wei x .. - Y u Kowalski y rx deckaddtnon sod accessorp shed I069 iTAn2 cb exoeedsmaximurn lat'coverage of addlug an Additional J rtlmt allowed by #426 dasq. ed ha tide,) aced ji Also under Artide`Jf7QV,;. -underA SS1111 ' i40.244fornoncoMormmgkI kadMr0on be less feet ' AUG ` ? Principal Clerk : will than35 et t ( ' the rear' tot, BnYS Location of ' ty: `.2775 ' Msnatookur, Road. °end[, NY. County Pstmi Nd. 100D. land ; -26;'Exisfl4 total area can- Sworn t0 efore me this f6775•sqI R .. r a. ; 0'p.m Appeal No 4499- .... _ _ ) day Of ,. 19 G% 7 & Pamela Frerldng yids is a.: fol a Mariana -' under Article � --q j �? st Section100.244Sbasedaponthe � �u-� � d-r�-cf WRY WANAFOSTER 1; 1997 Nohce'of Disapptovat f �. NOTARY PUBLIC, STATE OF NEW YORK by the B61014 In spector in V applicant applied for a building gr N0.52465524,2, SUFFOLK COUNTY COI MISSION EXPIRES A1JGUST 31,19`(, 7 .to=constmetgan�,aaditioe�to«� 4ishictr wiillhavean,uts�`it`Rictear 3` .*-as s principal building at the existing, established 32 8: { ' orreing'setback3'The' BuOding 7 - s orhasafsomnfirmedthaftheset- ass then a3s O setback(teE,set- foi'p9tceis having 9!472 ti �s'vs}.LacationafPropurtyi'680 ole Drive; =.Ma[ntitek, NY; 181000.1]5.129 -=' S xp.m. Appeal rNo 45IXt ' ifarrm: Tli, is a bequest for under Article IIIA. Sections:; a' based upon'tha Imre 23 s n,) FORM NO. 3 9i c1Lr c y�14 TOlVN OF SOUTHOLD BUILDING DI~PARTMENT ! ?-7�'f -1 3� t �f TOW CLERK'S Oi FICE. SOUTHOLD. N.Y: ? , L U U ..'Ni ' ' 4 i997 ee ',J"7ccJ°ti «rte' NOTICE OF DISAPPROVAL Date ....,Wy. 7�................. io 9. To Patocia C.. Mpme A1C Nagy 315.Westphal i<? Rd, . P-O, Brie 483 .:... THfii'S.tlr3c NY:11952 PLEASE TAKE NOTICE ' iat your application dated . 4Y 6O............. 10 97 For permit to Lot Creation addetentrinarim of Merger Location of Property IT 170120o Haabor Rd. arierit .. . ............ Nouse No. Street .- . Namier County Tax kfao No. 1000 Sec'io❑ ... ??... Blocs .......... Lot :... Subdivision ....... . Filed vfap No. Lot No. . is returned herewith and disapproved on the rollowine grounds . 1) 7he,non-ccv&=i)glots jn.gmsticn Tag Map .41000--27-M-I, 27•-04-2, 27-0'4-3 were created by bead in 3965. Both hots 27-M-3 + 27-0'42 acs mt recognized as they do wt cmfonn to the minimmm lot terl,irements set forth in Bilk Sd>e& e AA. as of_the date, of Lot.•.atim Article It 300-24 A (3)_ 2) Noa-confonoing lots 27-1X-3, 27-04 2 + 27-01-3-have ma gedbeix�;'heid in comm ownershv after July i, 3983. Article U 100-256. Act �,ryixed_by? ?ori Board of AeaLs . ...... ....... .......... .................. s Insect o_. LA /// / �.: TOWN OF SOUTHOLD BUILDING DEPARTMENT ( �' i ,.c,t•.,a TOWN CLERK'S OFFICE -yu, SOUTHOLD, N. Y. q . Examined ............ 4cJ...... '79.. Application Na:<%„/�........,. Approved .. �j , .19Permit No / ;/03 Z, Disapproved a/c ......, . .: ........ ........................: ....... .....:.. .................................................: (Building Inspector) a sire sirs APPLICATION FOR BUILDING PERMIT Date..............................�.. .......... 19JG.....: y INSTRUCTIONS 7 a. This application must be completely filled in by typewriter or in ink and submitted in duplicate to the Building Il Inspector, a b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets ort areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this application. Ay, 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 permit shall be kept on the premises available for inspection throughout the progress of the work. e. No building shall be occupied or used in whole or in port foranypurpose whatever until a Certificate of Occupancy E hall have been granted by the Building Inspector. . APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or eaulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. e applicantagrees to comply with oil applicable lows, ordinances, building code, housing code, and regulations. (Signature of applicant, or nb, if a corporation) r66 ys. (Address of applicant) 4te whether applicant is owner, lessee, agent, architect, engineer,: general contractor, electrician, plumber or builder. WW Iaine of owner of premises ......................dot � .°�..................... ........ ................ .. ............_. ... lit applicant is a corporate, signature of duly authorized offices fa t. Z ":. ........ ..... ..... 4 (Name and title -of corporate officer) {i' Location of land on which proposed work will be done. Map No.::.... :�...�:.. ........... Lot No.: ..................,..... �(— /00 Street and Number ......... ,17.`..�✓.�,4?P.!i -R-L)...... ......... � .. ...... ......... ...... ... Municipality 1` State existing use and occupancy of premises and intended use and occupancy of proposed construction: D.t ! �o-�. rf� 1 a. Existing use and occupancy .... ..... C 6� sr 6I� z. o ` b. Intended use and occupon.. ....................... ..... ,... 4. 1 , i. Nature of work (check which applicable.): New Building .................. Addition ......... Alteration ...:.... Repair .................. Removal .................. Demolition.......,.......... Other Work (Describe) ....................... ......... j 4. Estimated Cost..................0V, ...... Fee ........ J .... . .... ...... (to be paid on Ving this application) 5. If dwelling, number of dwelling units ...................::.:....Number of dwelling units on each floor ......... Ifgarage, number of cars `.' .............1....................... ......................................... .......... ....:: ....I...— o. if business, commercial or mixed occupancy, specify nature and extent of each type of use .:....•................... 7. Dimensions of existing structures, if any: Front .............. ...... Rear ...... -. ..'... .....,... Depth ... . Height ............. Number of Stories ..............., ......... ......................... Dimensions of some structure with alterations or additions; Front ............2 ............:... Rear .......: ? °. .......... Depth ........7 P ........... Height ...... ..........Number of Stories ........ .................... S. Dimensions of entire new construction; Front ...: .y. ..... .......... Rear .....,............... Depth ......4� ........... Height ....... Number of Stories ................ ......... 9. Size<oi lot; Front ,1M .. Rear'....... Depth..... '` 16. Date of purchase ........... . .................... Name of Former Owner 11. Zone or use district in which premises are situated . ..................... ............. . . . . ................................... 12 Does proposed „construction violate any zoning law, ordinance Add sser regulation? -1........................ '"�3... , 13. Nome of Owner of premises ......'w ! `� lC ,,.f.,A •..•• • • hone No, ...........4 Nameof Architect ......................................................Address ....................... ...... ........... ... Phone No. ........... Nome of Contractor ....... ........................... .... ..Address .... ........ ................. Phone No..................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set -back dimensions from propertylines. Give street acid block. number or description according to deed, and show street names' and indicate whether interior or corner lot, JVP Ja i 2ov STATE OF NEW YORK,iSS. COUNTY Of f ..........being duly sworn, deposes and says that he is the applicant (Name of individual signing app ice ton) above named. He is the ............................................................................. :........ (Contractor, agent, corporate officer, etc ) of said owner or owners, and is duly authorized to perform or have performed the said work and to male 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 beforeme this dayof ........................................... 19...... ........................ . Il` ... p7.5ee Notary public.....................................................:....... County (Signature of app) t) or 11rA1-ru ...... �i�i i5 t r FORM NO. IMASTS OF PLANS TOWN O1, 5O11TIlorm SURVEY .... .............. . 1 ... BUILDING DEPARTMENT CHECK ..,.. ..... ........C, vti�tld 1r) r? r " - TOWN HALL SEPTIC FORM .........:............ 3OUTilow), N.Y. 11971 ._.,-. :.., TEL:. 76.5-1802 NOTIFY: CALL . .. ..... . Ercxnisreul .................. 19.,,. MAIL TO::..,........... .:-... Approved .................. .19-^^ .Permit No. ................ - ................... ........ Disapproved a/c ........................ ........... ......... ............, ....... ...:........_ (Building 'Inspector) APPLICATION FOR BUILDiNC PERMIT ... Date.....:...........,19 INSTRUCTIONS. a. .This application most be completely Fillet} in try typewriter or in ink and submitted to the Building Inspector wi 3 sets of plans, .accurate plot plan to scale. Fee according to scherkrle. b.: Plot plan sliowing location of lot and of buildings on promises, relationship to :xlioininp premisesorpublic_ streets or areas, aril givinga detailed description of layout of property twst be drawn on the diagram wldcli is p%irt of `ithis application. c. lire work covered by this application nWa not be ixxan>enced before issuance of Building Permit. - cl_ Upon :approval .of this application, the Building lnspector will issue n Building Permit to the; applicant. .:Such t permit shall be kept On the premises available for inspection throughout the work. - k.. -e: No building sliall be Occupied or used in whole or in Part for nay purpose whatever until a Certificate of x, 0t:aspancy stall have lsei:n granted by 1.}ne @tiidinr(; Inspector. APPLICATION IS IA:Rii11Y MADC to the Building Department for the issuance of a lBuilding Permit pursuant to the Building Zone Ordinance of Use Town of Southold, Suffolk t:txnty, New York, and other applicable Laws, Ortlboances or Regulations, for the construction of buildings, niklitions or alterations, or for removal or demolition, see herein described.. The applicant agrees to comply with all applicable laws, ordinances, building code, .hatsing,Code, and regulations, and to adnit authorized inspectors on premises and in brtldrrsp for nrere-s-sary inspections. (Sipn-iture of applicant, or rine, iCa cot�nrntscn) J (MLitt. ing address of applicant), State whether applicant is owner, Woo?, agent, architect, engineer, general contractor, electrician, plr.drer or. milder: C7LGL'�ttk4j... :. .................. .................. ...... .......................... ......... i'Nam of rxaser or premises .... ...... .................. ......................... .......... if (as on Use tax roll or latest deeil) i4 If applicant is a corporation, signature or choly antliorixed officer. Y.............. ........ ........................ (Name and title of corporate officer) o,., E. Builders License No. ......................... `,... Plumbers License No. ...................... Ci` - '�l Electricians License No. Other Trade's License No. . -. .. : _ .J' r S�-. Location of. )aryl on wisic)r proposed work will Ix dense-.....-].... ............ �........... .......... ......it .......... 3 �? .1 1,�'c7o.--, 7,..- a �%. ......-:...:........ ' fi(xise Ncrfier Street Hamlet_ County Tax Map No. 1000 Section .............. Block ................ frit ................ {{� ^xslxlivision .... .............. Fi I'd Ftnp Nu. ............... Lot ............... �!f,q {None) D_ State existing use and Occupancy of premises and intended use aux) occupancy of proposed construction: a. Existing line and occupancy ... ,��.%�.�G�P�2�t.�-Y '3. Intended use and Occupancy -:_.✓ '' '�7C�C�.fl72p ............................................ ....-. N� r1?iRA 1.3 N-itute Of'cx„k'(dneck IAtidt applical,le): 1•1eu Iktilaliag Axkiit Dolt .......... Alteration .......:.: Ih:lstir RelliMal llctiolieion Other Uli 1c '. -.. QescripLion) Estilm(etllast- ........ ...... fee ........ (to lre IsaitI txt fillIll, lids application) .,., If tkxtlliog, troller of tk.,ellhwf, units ............ Il.AIer of chxellitig units ext each floor ............ If I;ax a};e, trsitxer of cars....................................... if Imaitwess, cttuuercial or utired txx:ulutlx:y, specify oattlie slut extent of each type of use...................... tl nxeos Dons of existing sLnra.ures, if any. Viotit:................ Rear ()all Ili :................. Ikei&t ......................... Uxilx:r of Stories ...................... liiut:usitxts of same stnrttrrre nidi alceret.itms or ixklitious: From ............... !tear ............... !kept!! .............. ...... !lel} IC ..... ..-.....-......- NYIIIev of Scorios S- . 1)iwensions ( eot.ive iiet construcl:iou- Floof- .. _,._.... Rear ............... tkplli lluit)Ir NAr of Stories .......-. 9. Size of lot: Mont: .... 1................ Bear ......., . Depth 10. Detre of l'urcluere ............". Nana of llorller t)axx........................................ 11. 7AxIa or use dlslricr in whidi presriises are situated . ..............................._c.....::.[........ i2. loxes prolxrsed coostro tion violate any uxlit)g law, prdit)aitce or regolaf.itnt:..................... H. Will for lie regretted Will excess fill lAt—raltmett frou prania)es: YLS .ft) Ill. Halt" of Ot+:terof praxises ........................... &klress .............................. llxxra 1'k). ......... Milt! of Ard itecL ..... J: ....... .. Address ::......... ........... ....:.. I'ltone.'No. .5..... MKIC of-Dax)tractor ...................._...... _.. Ivldress ....ttiixle Cb. IS. is this property within '") feet of a Lidal a etlatrf? * YES .......... U) ..1....... -AIF yus. SYX)tl[Ill)'I lm—Ildi. ims (vi"Cr my lm( imxplffvf); I'I.O'r DIAGRAM " 14Icat'e clearly a6d ditichicrly st l lxriIM111,11, tAlelPtec existing or Ixeilxysed, mxl itxlicate-alt ser-Wwk dinervalms facia proAletty lira's. C,ive'screet n:nt'lilcx_I( troller or tliescription at:t'ording it) deet!, and r,I-xii street-na es atxl irutic:at'e rAtelhet ititerior or Corner lot. d �i ...... >f {fir. � `<7yZC .-:.Ix:.iuD; duly s�tno, doimsen luxi .,.rys Thar he is tld: applicaka + (Mike of itnfiviclual siguiug cootr tcL} IM. i:: lit(: ...!h ifC ...:: ..... ... .... ......... .... .. _...... _.......... ittacI anent, cirlxtlate offtt.t.,, of: said tKar:r or. iwmxets,'a:xt is duly authorized to lxerfoon If have Ixnlornxetl file said c.rok milt to uiaf(L still fil(: Oli:: ntsplirili ioul that all c:ontattral io this 0I)JAirat loo III(- lnr:. Ill lite Ixlsl of tris k)rmitAge mxl iolieli attxl ' tiva the nark will Ile perforitrxl iu the numoer set futth-in the :-appficaLiou Merl tltek-L. lit_: :kxnn to tx.l Ii X! thi:, G y of ..... . 6... �� � - (Sigoaltne of Applicant,) NWtY anartYak . cominw�bltt�� 'REGEwr4 FAL 2 3 1991 APPLICATION FOR WAIVER UNDER SECTION 100-26 Town Cierk.souinuta This review is for lots which have separate deeds recorded prior to 1983 and undersized. A merger 'determination has been issued by the Town Building Inspector (copy attached). The zoning of my parcel is presently: R-40 (j The size requirement for this zone is: 40.000 square ieet per parcel. County Tax Map Parcel Nos: 1000 27 - 4 -1 2 &`3 I (we), Eleanor Nagy , as owners of the contiguous lots shown on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II, Section 100-26 of the Southold Town Zoning Code. I hereby submit &Ii of the following documents for reliance by the Town of Southold in making this review determination: 1. Copies of my recent tax bill for both (ail) Lots. 2. Copies of deeds dated prior to June 30, 1983 for all lots.. 3 Copies of current deeds of the parcels under Teview,� 4. Copy of the current County Tax Map for my neighborhood,,. J 5. $150.00 application check which is not refundable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver. (Applicant and Eleanor Nagy (Applicant and Sworn to before me this /STtf day of � NL-/ 1 19 q7 Mo t'. Connission Exons Ju A Waiver is hereby approved denied (delete based upon the above documentation. Issued by Reasons for application(to continue on next page). r) r nate action) n APPLICANT'S REASON #1: Parcels were single and 'separate until 10/8/92 recorded 7/7/93 For Estate Tax and Estate Planning purposes the parcels were couvgyed to the R & E Nagy Family Partnership The parcels were used as separate parcels, ,Lot 1 has the Nagy -residence. Lot 2 & 3 are on the market for sale . APPLICANT'S REASON #2: The lots have been shown as separate lots with separate tax bills since the lots were created. The Nagy Family would encur a financial hardship if these properties were not permitted to be sold separately- the lots are valued at $266,000.00 r (PLEASE USE ADDITIONAL SHEETS if needed.) TYPE QF BUILDING 'alue o - L6 6c FARA L C S. W, RE�0'6 SEAS, VI, FARM COMM. CB. MISC,— LAND IMP, TOTALPATE _ REMARKS t D f Q U✓ t !� r z_ Ulo� — —.. -- FRONTAGE ON WATER Tillable <' 3 Woodland NEW MOPMAI Orr n%Al TYPE QF BUILDING 'alue o - L6 6c FARA Afire �!alue., Per, �. Ae ' tix — —.. -- FRONTAGE ON WATER Tillable <' 3 Woodland SwamP lard Brushlpni� FRONTAGE ON ROAD Housa Plpfi— "- BULKHEAD �' rola) DOCK COLOR r TRIM L -I-�T —` M. 8idg.e " 564i'[I p FounclatiPn bath/ — Dinette - - Extension Basement Floors K. Extension Ext. Walls i Interior rinistl. - I_R. —.....tea o �� LC✓%1 t Extension .�_.-- Fire Place — Ad � Heat �~ DR.---- — —� - Type Roo{ Raatps 1st Floor BR.Po'Wh — Recreation Roo Rooms 2nd Floa w FIN. B. Pore Dormer Breezeway A ! eway Garage Patio -- `m Total �" � �, T G#VN OF SOUTMOLD ORERTY RECORD CARS OWNER STREET `- j�j VILLAGE DIST. SUB, LOT 10 91 pCiC /11�1CC r i'" - FORMER dVV ER l� _ / N E e �t ''r F'" ; r !'( r" i �t44 ... ACR ` 1"90 S W TYPE OF BUILDING A_ ,,, r' RES. SEAS. VL. FARM COMM. CB. MISC. Mkt, Value LAND IMP, TOTAL DATE REMARKS 1-_lig..-..!?.:_1J_._.__ �-�F--�� 0 In '} b'• r r Ate__.. /��V�I.�GT_'.__...�_i�.1 �? �/��...�.���~/K�]��:-1......�����_.���1..�1_... ��L �11,�/{/�1,l��SL(:?.L3 �( AGE BUILDING CONDITION NEW Y� NORMAL BELOW ABOVE FARM I Acre Value Per Acre Value Tillable 1 Tillable _2 Tillable 3 Woodland Swampland Brushland FRONTAGE ON WATER FRONTAGE ON ROAD ., House Plot DEPTH—_—J - BULKHEAD Total DOCK o d 4 5 s, a G? i ti VkT 40 PROPERTY 0. ; � ��s� 01 40 AT ORIENT o* TOWN TO uVN ©F SOUTHOLD SUFFOLK 1POUNTY, _N Y, 1000-2 ®4-2&3 Scaf,e: 40r April 15, 199T A�y.6,1997�sfc+Kes ! i tea,° n n 4t v� q AUG I 41997 dr. .0 Q 2 g� 't I �m a r / �lsc AREA 28, 445 (sq. ft.) ( to tie linedYN �x, ,� NO. 49616' *T 1 4 YOR SIGNA . � bON.: ECONI 765\D [aN ppF C LY WIN 9A Law T TERM •ALTS 0 dY• P, 0. BPk 9 Sr �L4 Sr�y! Yo1uT11 / Y j2 20 vb INd fr26Nn 1230 TRAVELER SSTR✓�ET �A� , Al AYA . 1 Cfi �UCM a8 `�I�C 6 ' aND RQ. GM -.4pA ARE NOT IN OMPLIANCf iY/T TM LAw. F)" GpM (�N, M Pnr4v+- 14a, 36os)3 000r%T SOUTHOLD, N.Y.- 1197/ f r 97 1$3 ■ , 9 � \ OJ01 Q mea �o °o Pc4i o g SURVEY OFlew 3°' PROPERTY 0' AT ORIENT �i0o TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000- 27- 04 - 2 3 Scale: 1".- 40' April 15, 1997 Oct. 31, 1997 (Contours) ELEVATIONS ARE REFERENCED TO N.G. V.D. AREA - 2$, 445 ( sq. ft.) f Ito tie lines) de"It. es 4&^ i 4' Ok 0 hh� M (Aj) (616) P. 0. Giti+A 1230 " .C. ;R STREET Y. 11971 97-133 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman James Dinizio, Jr. Lytiia A. Tortora Lora S. Collins George Horning Patricia C. Moore, Esq. 315 Westphalia Road P.O. Box 483 Mattituck, NY 11952 BOARD OF APPEALS TOWN OF SOUTHOLD January 27, 1998 Re: Waiver Request (E. Nagy Parcel at Orient) Dear Mrs. Moore: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Please find enclosed a copy of the Board's determination of approval rendered at our January 22, 1998 Meeting. A copy has been forwarded to the Building Inspector's Office as a follow-up request on your pending application for a building permit (in the waiver request) . As you may know, no site activities are permitted until a building permit (and other applicable approvals) have been issued. Please contact the Building Inspector's Office directly in the event you wish to proceed with your application pending with their office. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Building Inspectors' Office W i i • WrLo5 069 �fS7M Af ' .+ --- •�"�."'{'•:r` 1"'- ` '�,i�:-:ti�.:;.�r-:i.::..�,F: ��si�n�t+.r-�V'',siFMc-is+ytvvm-.•�t+enam�:e�.�r. +xs*.`eL�..oe,+**au!* '� '.--.:.1•_ COVENANTS •AND RESTRICTIONS. - James F. Douglass Date /28/59 l(.: Lillian J. .Douglass• _ �28/50 6 tober. x+605 :cp 37 Alfred g. -Young, Jr.` Audfey M. Young, his wife This conveyance is s lrject to the Following restriction 7• 1.. Not more than one dwelling shall be erected -on any lot and .shall not be in excQss of a one-Fa;aily dwelling. I 2. No dwelling shall -be erected on any lot, the cost of reproduction of which shall be less than $77500.00"or in any event cost of reproduction shall be not less than a cost equal in proportion,, existed on based on prices of materials and labor as :they 1. • . - ^- August 15th, 19502 or plans and specifications may be .submitted for , approval to .James F. Douglass, developer and or his agent. .: 3. No building shall ,be constructed within thirty (30) feet of the t : . property ',Brie - on ,Harbor Road , or within twenty-five (2 5) feet .'of the property line -on Douglass Street, Hog Pond Road or King Street. 4. No building shall be constructed within ten- (10) feet of. any - s other than referred to above on any lot with frontage -property lin oth d and with twenty . (20) feet . of any property boundary, on Harbor Roa line other than previously mentioned. on'any:�o�^ including Qthe� -�1:4�: -north boundary line or. chose lots located a t. .� .,o- tr side o_ Harbor Road. > 5.. Garage may be part •of the dwelling structure ."or. may'be a separate structure With not, more than two rooms... above.*. . 6. No buildings shall be completed on the .exterior with'other than new materials• exclusive of paint. . ets . 7. No foyr�l arnd/or anirmals other than the usual=,type .of household:pets. are.R-tao be dept on any lot. $.' There `is .,to'be no .manufacturing or -sale oof merchandise and no bus%nes.s :.,Of any nature is to be -carried 9. Theret--shall be no asylum, hospital• or 'boarding, house.:. x'1,0. There shall be no po?rd fences: or fences or_ hedges higher than, f� thirty-six (3611) inches. ll. There shall be no pollution of the water table. 20. There' shall be no outsd5e; oilety of .any nature'. t -f •fit•• :7 : �.1-•{'''I . '. - ,. __ .. - .. . 10 [--1 Vie': •:.f.,f7:a)'��•-: .•.. -.. i '• '• - - - • b• > F . .+ O Y I �C w v1 Fw lN70WA q Y PRorvR7�' ,v,i,�IaIVIe PW .ave z1- 1?'?.7 • _hlbe i+71 1 yTA- VFN*+ *-, Arlwm y s � I* le I* -rte'--- --- ----1-- - ....�_ - /_ .__ .-_.., ..._ •- ----- r - . _yam, ��•`'� Master Pla ff"I Iff Jffa .r �,J, sY'+="'_,r.l-^.` __ �2z �=t5r i".•"�i���'0��.t'�g•<'_r'z--',1,4�"z�,+a'Cv �v. J � [ •+ur` " a.e "� . �'� � • �� of _ _ - +f.�SO' 3 -- t too - '.4y �� 1•" r Jnr-r.J"�_ ,.r 0 l:p t � lol 4 sir t <1�, T - •_ � t - Y�y �_ � '7 �' T �_ - fes. eE �-.f�.�mf �'+rhf� 1r' •--T-__.,- �d _y� 21 • O :0,14 W41- • 0 0 n • I 0 Property Of: Yan Rieger Design P.O. Box 2061 Orient NY 11957 Tel. 516-323-2579 r Page 16 - Hearing Transcripts January 15, 1998 - Board of Appeals 7:15 P.M. Appl . No. 4501 - ELEANOR NAGY GERALD GOEHRINGER: ' Hearing carryover from September 2S, 1997. Applicant is requesting a Waiver under Article II, Section 100-26 based upon the July 7, 1997, Notice of Disapproval of the Building Inspector which states: (1) under Article II, Section 100-24A. (1) land area identified as 1000-27-4-2 and 1000-27-4-3 were created by deed in 1965 and do not meet the minimum lot requirements (12,500 sf) and (2) under Article II, Section 100-25A, total land area merger exists for 1000-27-4=1, 2 and 3 having been held in common ownership , after July 1, 1983,: Location of Property: Harbor Road, Orient, N.Y. Mrs . Moore would you like to speak? MRS. MOORE: Yes, thank you. CHAIRMAN GOEHRINGER: How are you tonight? MRS. MOORE: Fine, thank you very much. Just to very, brief' recap for the new Board Members who are now getting older, I'm 'sure by the day. Mrs. Nagy owned, Mr. & Mrs. Nagy had purchased three separate parcels. There's _ a survey, and both_ surveys, in the seventies. through the seventies, 70 and 71. In 1992, the properties were placed into a trust for family reasons and at that ,time nothing- was done with the property other than Estate Planning and putting these properties into a trust. When . Mrs. Nagy, got ready to sell the properties about a year ago, it was. discovered that due to the merger it was clear then, that through the merger law that the parcels had merged. So, we made an application for a waiver of merger. We had an extensive hearing. There's plenty of testimony on the record and then during one of our recesses, where I wasn't present and Mrs. Nagy, I guess that was the day you were ill, we weren't here. One of the neighbors whose a water front property owner on the other east of the right-of-way, who is not bulkheaded, claimed that this parcel was not buildable. Due to that claim, which is an unsubstantiated claim, at best, we then obtained a letter from Joe Fischetti, Professional Engineer, and submitted it to the Board, that clearly states that the property is buildable, that he sees know impediment to it being built on. So now that we have before the Board, is a parcel that is a combination of two parcels. If you recall .in the seventies, she bought, she and her family bought three. They combined one, and so that we are requesting a waiver of the merger of the parcel, the waterfront parcel on Orient Bay, Orient . Harbor, excuse me, the parcel is her residence from the vacant land parcel. that's right next door. That is the application that you have before you and we're here to answer any questions you might have and ask the Board to please certainly grant the waiver and we would certainly ask that it be done as soon. as possible. Page 17 - Hearing Transcripts ' January 15, 1998 - Board of Appeals CHAIRMAN GOEHRINGER: The specific question that I have, was that . based upon the A7 Elevation 10 foot Zone, it probably looks: like the, any, and I realize it's not probably this lady or her family that's going to building on it. It would maybe a subsequent purchaser or so on and so forth. Appears that they're going to be required to build at the lowest elevation of 10 feet and so therefore they're either going to have to go with pilings or breakaway foundation. MRS. MOORE: Yes, my understanding with, well the houses that were built right on the adjacent to this piece, well adjacent to 'the right-of-way, and Joe Fischetti mentions that, that it would be six feet above general elevation of the building envelope desigriing a garage at grade level at level a home with the first floor at elevation 10 is not out of the ordinary, which is truly why it has: been built along the waterfront here. The homes have the garage that you want that you come into and that the mechanicals are all above the flood elevation and the house is actually what would be a second floor in my branch. So, that's standard construction for waterfront homes, particularly in this area. CHAIRMAN GOEHRINGER: And no utilities lower than that. MRS. MOORE: The utilities would have to be elevated, so. CHAIRMAN GOEHRINGER: Right, OK. We'll start with Mr. Dinizio. Mr. Dinizio?. MEMBER DINIZIO: No, I don't have any questions. CHAIRMAN GOEHRINGER: Ms. Collins? MEMBER COLLINS: Mrs. Moore, I of course wasn't here for the hearings last summer. MRS. MOORE: Right. MEMBER COLLINS: And the transcripts involved some faulty tape and some other problems. It was therefore kind of hard to track what people were saying at the hearing. MRS. MOORE: Oh, I'm sorry. I'd be happy to paraphrase what I - MS. COLLINS: No, no, the record of the property is clear enough. My question simply goes to the input from neighbors. MRS. MOORE: Yes. MS. COLLINS: Two neighbors appeared back in the summer and as far as I could tell from the transcripts, the neighbors were very vocal about what they perceived as flooding problems in their Page 18 - Hearing Transcripts January 15, 1998 - Board of Appeals neighborhood and on Harbor Road. But, am I correct, they didn't assert that making this a buildable lot which is the purpose of this petition, would hurt them from a flooding point of view. They didn't claim that it - MRS. MOORE: Right, it had nothing to do. The flooding occurs because of the Harbor Road, is it? MRS. NAGY : Yes. MRS. MOORE: It's Harbor Road and most of the, they brought in these very, very MEMBER COLLINS: Yes, dramatic, dramatic photos, yes. MRS. MOORE: Very damaging photographs which were all during the hurricane. So, we were not here during that hearing and J or at least their opportunity to put these things on the record. So, when we reviewed the files we saw the same thing you did, which were these horrible pictures and Mrs. Nagy and -I went through all of them and identified all those .dates were either the October storm of 94. Ms. COLLINS: I guess the only question I was getting at, was to confirm for me really, because I wasn't there, that the neighbors input, was not input saying that if this were done, it would hurt them. It was rather the neighbors input was this is a flooded area and buyer beware, and nobody should buy land here, and that sought of thing. But, that's not the point of your petition. MRS. MOORE: Well, I don't really know what they said. I don't remember the transcript. If I read the transcript, it's too long now, so I don't want to say what exactly they said. But, the gist of their testimony, or their statements were that as you say, buyer beware and in fact, the one neighbor interfered in a contract that we- were actually very aggressive to, there were two separate buyers who were bid, there was a bidding war for .this piece of property. The one person who ultimately won out the bid, which was going to be a cash deal of $235,000. I mean that, not insubstantial amount of money, was contact or when he was on the property was told these horror stories and he withdrew his offer. Then, the second guy, was so angry that he had lost the bidding war, and he made a low ball offer. MR. NAGY : He wondered why the other guy had dropped the offer too. MRS. MOORE: Right, right, so that in a sense, the entire deal, or both deals fell through due to the interference by the one neighbor. Page 19 - Hearing Transcripts January 15, 1998 - Board of Appeals CHAIRMAN GOEHRINGER: Mr. Nagy has something he wants to say. MR. NAGY: I don't know if this is entirely kosher, but maybe this will shed some light on the neighbor's attempt to torpedo in some time .ago. Some 10-15 years ago, when he was building a lot. He wanted to put a well on our property because there was no fresh water on his. My father said no. That he wanted to put a waterline through our property up to the next Iot to .get water. My father said no. And things of theirs weren't set quite right since and that's where most of this comes from. CHAIRMAN GOEHRINGER: Thank you. Ms. Collins, anything else? MEMBER COLLINS: No. CHAIRMAN GOEHRINGER: Mrs. Tortora? MEMBER TORTORA: I went back to the Notice of Disapproval. I just want to get one thing clarified. The Notice of Disapproval discussed the lots 1, 2 and 3, were not recognized because they did meet the minimum lot requirement at the time. MRS. MOORE: That was the old law. MEMBER TORTORA: Exactly. So, that's what I want to get clarified. MRS. MOORE: Yes, in fact, I think this is probably one of the examples of how the law was flawed. MEMBER TORTORA: That the Code has since been revised. It was revised when they (. ) that section of the Code is no longer applicable to this application. Therefore, we're going to and there's a couple of ways this can be ( ) . This is my file and I'm going to go through these. One, you had said, you're asking really for a waiver of merger to separate lots 1, 2 and 3. MRS. MOORE: Correct. MEMBER TORTORA: Which means that you accept the Building Department's assertion that lots 2 and 3 are in fact merged and that's along with what you're intending to do on the second combined lots. Is that accurate? MRS. MOORE: Yes, Mrs. Nagy, will accept the merger of lot 1 and MEMBER TORTORA: Of 2 and 3. MRS. MOORE: 2 and 3, thank you, I have it backwards. 2 and 3. In part because of the width of the parcel, the value of the parcel, somebody coming with a $250,000 to buy a $250,000 lot will want to Page 20 - Hearing Transcripts January 15, 1998 - Board of Appeals , put a nice size house there. So, Mrs. Nagy I think and her Real Estate advisors as brokers, that have shown, advised her that this. piece of property is a nice property. They're not trying . to you know, make a killing, and so, squeeze out another maybe 60 or $70,000. If you were able to split it up into a, this would create two reasonable size parcels. Well, I'm thinking that if you were to sell this, you kind of laugh at that $60,000 but, if you. were to make two separate lots that are quite narrow, it decreases the value of each lot individually. CHAIRMAN GOEHRINGER: No question about it. Do you have a question in the back, Sir? Can you just use this mike, over here?" Thank you. Just state your name for the record, again, if you don't mind. MR. RIEGER: My name is Hans Rieger. I have a question. Is it a perquisite to have potable water on the property to be able to work?' CHAIRMAN GOEHRINGER: Any decision from this Board, if it was favorable, would be subject to certain approvals from: certain. agencies. MR. RIEGER: Because I'm the neighbor who asked Mr. Nagy for permission to get potable water from down the street. Not on his property, but on the street. But, I had to ask the neighbors if they wouldn't object to have a water line running in the street and they wouldn't object to have it or to bring, potable water into my property, this is adjacent and my water was not potable and I could not, I had to figure at the time to have CO. CHAIRMAN GOEHRINGER: Which lot do you live on Sir? MR. RIEGER: I ' live on the second lot from the - CHAIRMAN GOEHRINGER: From King Street?' MR. RIEGER: Corner of Narrow River Road. CHAIRMAN GOEHRINGER: OK, thank you. We go back now to Mr. Horning. Mr. Horning, any questions on this?' MEMBER HORNING: No Sir. CHAIRMAN GOEHRINGER: Alright, what else would you like to say? MRS. MOORE: That's all. We were just a - it's been a long wait to go through this process and Mrs. Nagy has `to think about selling and you know proceed. So, I would ask that the Board take that into consideration. Page 21 - Hearing Transcripts January 15, 1998 - Board of Appeals CHAIRMAN GOEHRINGER: . Since the New York State Department of Environmental Conservation has jurisdiction in this area, we're certainly going to make if there was a favorable decision on this waiver, we certainly would make it subject to. MRS. MOORE: Well, I don't, it's the law. You can'.t build a house without DEC approval. However, I don't think that's the purview of. the Zoning Board in that this is a waiver of reestablishing the lot as a single and separate lot. In order for us to get a Building Permit we will need Health Department and DEC, assuming that we are within the jurisdiction of the DEC because with the wall, 10 foot, above a 10 foot contour there is no jurisdiction of the DEC. CHAIRMAN GOEHRINGER: That is correct. MRS. MOORE: I wouldn't want to create a jurisdictional impediment. CHAIRMAN GOEHAINGER: My situation is not from that point of view. My situation is and the purpose of the topo was, that the four foot elevation, if the Health Department requires you to put the: septic system in the rear of this property, which is basically the front yard, OK, you're going to have to fill it, OK, and, just as some of the properties down there are filled. So, therefore, any filling that may exist, may be under the jurisdiction of the DEC. and that was the purpose of that. MRS. MOORE: OK, but again, if it is within their jurisdiction, we will be there, there is no way of building without it. However, but, to make this condition valid, if in fact, that the DEC says, no because of the setback to a bulkhead it's I believe 60 feet, OK, or might be even less, I don't want to a, we're just creating more conditions on a sale. that aren't necessary. So, that's why I say that your approval you 'can do, certainly you can put any conditions you want that are reasonable, but, I don't believe that in this particular case that's, that would be a reasonable condition to place on a waiver when in fact, we may be right outside the jurisdiction. or because of , the water supply. I've been to the Health Department recently where all of the properties had the wells in the front and the sanitaries in the back and then all of a sudden ( ) comes through and they decide, you know, we should try the opposite and we've been doing that. CHAIRMAN GOEHRINGER: Is that where it's going to be placed on the road? Sanitaries? MRS. MOORE: I think that the history of the development of this piece, the sanitaries are in the front, aren't they? MR. NAGY: Most of the sanitaries I would think in this case, the properties would be nearer to the road. Page 22 - Hearing Transcripts January 15, 1998 - Board of Appeals MRS. MOORE: Yes, I think that there's a drawing in your file by one of the neighbors that showed the sanitary systems of the other properties that they ( ) . CHAIRMAN GOEHRINGER: You have a submission before the Health Department at this time? MRS. MOORE: No, no, we're going for a Building Permit application because we need it. We don't want to spend more of Mrs. Nagy's money than is necessary. CHAIRMAN GOEHRINGER: Alright. MRS. MOORE: Thank you. CHAIRMAN GOEHRINGER: Thank you. Anybody else like to speak in favor? Anybody like to speak against? Seeing no hands I'll make a motion closing the hearing reserving decision until later. MEMBER TORTORA: Second. Motion carried. See Minutes for Resolution. pogo 19 - Ilearing Trauscripts August: 28, 1997 : Boa.rd of Appeals PUBLIC HEARINGS, continued: 7:28 P.M. - Appl. No. 150.1 - L. NAGY CiiAIR.MAN GOI?IiRiNG1;R.: Waiv(!r ander Article 11, Section 100-26 based upon the July 7, 1997 Notice of. 1)isn1proval of the 13uildhig Inspector stating two reasons: (1) under Article II, Section 100-21Jn. (1) laud area identified res 1000-27-1-2 rind 1000-27-4-3 were created by deed ill 19G5 anca do twt rnccl, the utinhnum .lot requirements (12,500 s(l.ft..) and, (2) under Article 11, Section .100-25A, total land area. monger exists for 1000-27-4-1, 2 and 3 htiving becmt lield in common ownership after July 1, 1983. Locution of Property: Ilarbor Road, Orient., N.Y. ApplicartL proposes 28,+15 sq. ft. of laud area and Ia2.57 lot width as to L000-27-4-3 &. 2, a.nd with a retimining house lol. of 20,000+- sq. ft. arrcl lot widt]t of 100 feet as to 1000-27-4-1. Zone Uist.r•ict: R.--10. (Schedule AA as revised July 22, 1997 shows a Size re(lcrircim'!nt for lois crentcd bel.ween April 1957 Lhru November 1971 al. 12,500 sq. ft. and l00 ft. lot. width). I have a ruqucst. from I'al.ricin Moor(! who is I.hc al.torney for Nngys and she said one of them is ill tonight and I.Ilcrc:forc she is requesl.ing a post.t.xluettu�nt of ibis hearing, so Ihere'll be no prescrttal.ion oil their part.. however., that. cGxisn't, slob anybody tiat would like to spenlc. i have sketches of two surveys rrnd I do have the surveys here. .I just, don't have one this split secouc.l here and .I have a copy of. the Suffolk Comity Tai Mali indical.iltg Ibis rind surrocmcling prnpertics in Ilre mere. Who would like. Lo ire heard'? How at•(I you blight Sir? Would you state your uame for Lltc record. MR. JUEGLR: My name is Juhn Rieger and I live oil Ilrtrbor Road. I helve a question in refcr•eneu to the division. 1 have here Soule - I'd like to comment.. I just thought it would nralze it easier of what L would be talking about. What my nrtiu cluestiott is, thc-:I wisdom of separating the two parcels. Tllese two parcels etre very Stttnll rind are cot-Inittly too small to build ort rrnd i don't know if it.s t emit. In bo for building lot or just for septi atiou of doing whatever t.hc',y walrt Io do with it. Let me just give you a. quielk history. I live oil harbor Road r.rttd I built a ]rouse there in 1972 so I'm very familiar with every aspect of the problems which exists oil that part.icultt.r. MO.d. CHAIRMAN GOEHRINGER: Where, do you live, Mr. R.iegc-�r? MR.. R I EGi:R.: Oil 370 Harbor 12.oAcl wllich is one block over to Hie ertst From the Nagy property. CHAIRMAN GOE111UNGI,It: Ott the water side"? MR. R.IhGEIR.: On t.lte water side, yes. C.H.AIR.MAN GOLIIRINGER.: Oh. Is Ihnt t.hc cxlcttsion of ilarbor i'oild Road, down in that tt rely? Page 20 - Ilear.ing '.l.'riulscript.s August. 28, 1907 - 13()ard of. Appeals AR.. R.IhGER.: - set. up, I guess i1: was called Douglas .Road once and Ilarbor Road is part of 11a.rbor Pond Road, yes. Originally I think it. was Douglas Development. a which by the way I think if. should never of happened because the land is cert.n.inly n rnarsh land. It. is below wal.er level and I don't understand I.lnat: even if somebody wants to build now on a properi.y which is basically not: buildable. R.ec:ently Nagy sold properly on the corner across the street which Ineans that another Ilot.tse will be uu.ilt down lhal. corner, .just. ncross from where she is proposing now f.o subdivide. But, what: I don't. u.uderstand that if she is high, doesn't she want to sell I.Ile prober. f.y or t.11e parcel as one together with the liouse is. Actually it would increase the value of the pr'operf.y she owns 1.11el•e. If silo is sepnrnl.illg it., it.. would decixEase 1.11E value of not. only her pr•opc.jr•i.y but also out- Ilr•opert.y since Lhere is it building envclopc which falls right. info Lhe aren where f.hese are which shows on the picture and if the building envelope exists there, where would be. die sep0c pool, where is the reaching field, since it is nnrdurw"Lor? If if. is it holc.ling tank well I.hu area is all f.he time Flooded, onco a year it leaks. I I1:rvE' photogrttphs elating back 85 to ,just I:1sI week. We had I.wo foot of flooeling :incl Lint, was deep enough. tinll. wi.Lcr, its not. rain water. 11.'s coming Lhr o igh Lhc corner of Narrow River Road and Harbor R.und and it, is consbulf.. I Ine,lu if.'s every year at. least once or twice which rrlcans I.hnl it produce ( ) . The hold of I.he water- is not.. of -. 1 ha.d the prohlolll, I wnlif.ed f.o provide water for myself in 1972, 25 years ngo incl was unable to goat a line. Actually, Mr. Nagy was ngainst it.. by I.hc wary. 5o when he was ugitillsl, t-linf. partkun lar pol•iod of Lillie of building in This arca, wily dues he want. Lo build, I mean c1nlnr•go the cnlrlr.ily of building lots ill tial. area.? 11. doesn't. tunko s(111su. Well, I I,hink nnolhcr thing it.. will do, it. will sol. a l)recccicnl For lnurrorging sonlolhing which has In merge to colliply wit.h Hie zoning. Now, if' your know Illis, the zoning around tis I.hcre is R-200 and R-811. We ni, no bigger Ihml R-40 Intl even Hio R.-10 I think is, a we'rr not. - happy Lint. .,blit.. would not have been dune like 1950. The deavc hpiltent. was never hnppy Iccmtse it is ns I said before; t►udcr.• wafer, baska.11y marsh land and 1. was stupid cuottg-h to buy .land there and have cliffictlll.iers of bu.ilcling on it. and I do►n't. whit anybody else Lo hnvc to he in the sante posiHon where they buy property and would not be "Ilio Ler build on. `l'hal.'s all i have to say. C11AIR,MAN G'0EIIRINC.Hi i2.: Thank you Sir. Is t.hcr•e anybody else would like Lo speak? Yes Ma,anl. -just dale your name For the record please. MS. ALLECIA: Yes, my name is Sanely Allc & I live af. .300 Ilarbor Road. There is I.ho right.-of-wny or Hie next. house of die Nagys' Ilropc�r•ly For salsa. We have trean floodod several fim0s and what. concerns me is with the hnAkHng and I sympnHiAze wHA the Nngys, Lllcy pay the taxes, f.hcy have this properly is 1:hat if Lhey were to berm like we bontghf. our properi.y hermed. 1 mcn.n Lhe right., I Lhink Ihnl our t.irc'c houses and this is f1w Nagys Lhv Wise r_lown it nnuism t'on.d will becu me a it.11e ish nd because hke Ast. Thursday, we hind tel open out, ears aL Lhe driveway because of: the wafer and it wasn't. I.'agc 21 - Ilealr•irlg Transcripts A1rgusl 28, 19197 - (bore( of Appeals raining. IL's just a high tide, full moon whatever, and tale storm and it just. concerns tree that how sumeune would grade the property to build on if., where they could Alit a cesspool that would be safe, where they ca11 (lo all of these other things and 1 1.11ink we'll just. get. Flooded back constanl.ly and rnt.fortuurtterly, Drank mud I natively bought. Luo. I lilenn I love my spot, don't get. the wrong, I absolutely love it, but I mean, we went out there one 1.11110 it. just. gels flomied. I thillk illore 1.11,.11 once, or twice a year. You knew, we're just. floodod consla111.Iy ;mid you know, you plant things, we bought several trees Over the eleven Years We've been there, becamse you lust don't expect. It brit all of a sudden you're 11tSI., you're just. 111 thm.ie feel, of wator ,,,(I it does collie? (town Narrow River it doesn't crrrtle over the 11ay, it. didn't. come over the Bay in ally of the hur.rienne,s. 'They stoy(xl out. for htlr•ricaues. It. lie\'er• comes over our retaining wall from the Bay, it comes down from Narrow River and the Department of Envirmillwatal Cunse1-vaHoll properly so I. ha L's our concern. If soineour! wns Lo build and to berill 1 think we wortJd be .ill island. No longor pal•I of Orient, or anywhere else and I'm really concerned "Ibmil Ihnl.. CHAIRMAN GUI;11R.1NGER.: 'I'llank Yom. Anybody ck.,o would like to speak? We will convene this 11earing, 11•e we going to go with the 11111 M, are we going to go for the (end of Lap(!) MINBER. '1'OR.TUR.A: 1 would lila, Lo ask a few (lttcsliolls. (C:hang(!d 'Tape to lido 11) . Could yoll shclw ns whore your hoose is 11ere oil HJS little 111,11) 1101.0 - uu J1ar•b(Ir Road? CIIAIRMA N: Collid YMI sla(•II you're Iasi. 11,11110, pIC;ISI MRS. AI,1,1?C'[A: Allccin. MI;MIII':R. 'I'OR'1'UR.A: WmIld Vml show Ille where yort house is peep oil Lhi:.; lil.l.Ic 111,111 here? •ton, yocl'rc on this 111,11) More•? MR.. 1z.LEGIL'.R.: Yes. MRS. AMA"CIA: This is 115. This is the right. -of -way. This is Hle properly for sale. This is Nagy right hc•r•e. MEMBER '1'Uli.'I'UR.A: So, y(Iu'r( (11(i Id.j()iIIilIg neighbors to the cast and vvcsL. . MRS. AIA,I-:CJA: Y'es., ,Incl Illi!-; palr'I of (mi. hcrc is - the prc.Iper•Ly un the bay is only from I would say, (illnudible) rov(!Ssc(I going clown the bay, bul. the Side properly here has to be a. berrrl I would say 8 feel easy. , MEMBER TORTORA: What. are You on a Specific Flood zone? CHAIRMAN GUP:IIRINGI;R.: 11'11(! 11mmws Wur•c buill W01 before Ills flood 7.011('.. Paige 22 - lly.lring '.I'ronscrilAs Augtlsl. 28, 1997 - Boird Of App(!a)Is MR.S. AL, 1,I?G'IA: 1 dou'I. knew, w(i bltlglll. it. in 198G. CHAIRMAN GU1s111Z1N(;I.R.: WII(-!n ,you use the word 'herrn,' you're rcfcr•r•ing I.o 'eleval.Led.' PARS. NLLECIA : Railroad lies. CHAIRMAN GULIIIZLNGER.: Yes, elevated. MILS. ALL,LC'iA: I call Lbenl railroad Udes. CHAIRMAN GU1;1 RINGER: Burnt is like LIla11., so I nl(!atll - PARS. A.L,LLCIA : U11 ! I'm s(wry. . CHAIRMAN G01-AIR.INGER.: NO, no, 1110 cnlirc piccm Of hrul>cl•Ly is elcva.Led on that. Side. Signif.iealnl.ly. BOARD SECIi.I?'I'AR.Y KUWAI,SICI: II':; al balrr•icr. NIRS. ALLECIN I3atrrier, bill. I rnca)n R's n - N1 R. We're elevi Led . - whQu elcva led , otl r• bunse is elcva Led . r MRS. A.LLEC.IA: 13ut. we're cicvalcc.l by railrund tics by eight. feed. CHAIRMAN (;UI?I11i.IN(;h;lz.: Significalnlly, ill II1(we's ill (Iticstiort albonl it... Mrs. Usler•nul.nll and Illy:-wir were Hlcrc and Lbnl. wits I.be (lily yott called Llle dol;' in. MEMBER. US'L'1?R.MANN: Dow,, Ills wallol- r•tnl (llwn wbcn it (lues happen? MRS. ALi. EC;IA: `file. wnlcr collies Clown from here all the wily clown bore. If y(lu sal.w it, ynnll, leanly, his hbobigrnplis are very good bocnm4o tb(`. wal.el• (`.011ie,-; frOIll (1OWll ilei'(`, (:OIll(`:, r'tlllllin , Obis becOI11(1N ar river Lllalt. WC ('.all't eVE'.:ll ba1VEr our ('.all's In l.11e dr'1VUW<ly a11C1 1'111 I11zC` 90 CF�c�L, we're dune al disl.alncie back. We've always goUen flooded up wary. ll.'s rtnver• cline. Over Hie bank. MRS. OSTER.MAN* Bill. I.liull yotl gel down the a ( inaudible) . MRS. AJAX -C' A: Oil, I.Irc rigid. -of -wary is, forgcl. it. . '1'be eight.-ol'-way, yotl cuuW be knee decd, or 5 few of walcr. MRS. US'1.'ERMANN: Bucatlse you're Iliglla!r. MRS. ALLEVNA: L'ln, I'm like ill) here. Yeah, - yon mine down, lily dog was - that whole I.bing beclnlcs (innudiblc) . 'MRS. 0S'I'i,R.MANN: And wball, clic:; it r•tln (kmn roll Ill(! (innudiblc). Pn.ge 23 . - Hearing Tr"ulscripLs Augusl. 28, :1997 - I3ourd of Appeals MILS. ALLECIA: Not. really, it.'s kind of n little bil, of a sandy hill here, El little bit trp, lull, it does, I mean it has, it.'s like ill. Uie, hurrientle, you know, Hie Norl.housl.c,ru, i1. went. over (.here - but Lllis area becomes vary flooded on(l I rcniiy couldn't. Lull l.)y uiv nmount of folioge and trees and this, how mach i.ha( tlrco would Flood, bt.rt. I mean, it.'s obviously geLl.ing water, but., but the right. -of -way, so like 1.11"1.1.'5 whrlt. I'll) saying, Hioy i)(win on this; side, uiu .itis-of-wily is narrow and we're berm oil Lhis side and Lhen we gut the flooding coming .down Narrow River and the B3ny is here. Move our three hornes, it becomes a .island, because itis coming 1.,I) from, I don't. know 1.11uir mmncs. The 11ous;e on.er you, iimil• immus? MR. NAGY: Zerkovin (spelling ?) MILS. AI.I.E.CIA: %crvuldn';; (s;llullint'?) 11mist! is; right ,11 11111 1!11c1 of, Narrow River Itoad, so iL' coming Up Lhe Buy i.here, plus over from Ole weLlands, coming down, going nrocnld and th.ut's our concern really. I me.m. if we didn't. get. Flooded who cnrns what Hley bilild, yolr know? CIIAIRMAN GOE111RINGER: `thank you. Mr. Rieger Lhe spelling of your 11;1111() is? M1.?_ 1t11sGER: t -i -e -g -e -r. CHAIRMAN GOEIIIUNGER.: Think you Sir. OK, it tippears we're going 1.o rucuss I.ilis tillt.il September• 25th and Pin going i.o request I.o the 13ooxd wr.ii.e Mrs. Moore a letter r.ectttesl.ing a topo of this properly bocouse based tipon the hif'ornmi.ion Hint. we received 1.mdg11l., we'd like I.o see w1ml. elevation rnctors we're hlllctllg " hoist.. MP'1M131,;R. 'l'OIZTOIi.A: We'd also like somuono 1.1111 1."s nboul. Lhe flood zone because I tui concerued abort. thni. - CHAIRMAN (301sIIR.INGI?R: Yes, OIC, we linvu <111 celc!vn1JOl1 of, Ville in Lhe flood zone. BOARD SECRETARY KOWALSK.I: Just. one other thing. We don't luive a. survey for the house lot, would you w mL I.hol. also? CHAIRMAN GOEHRINGER.: Sure, yes. BOARD SECRETARY KOWALSKI : So you'll do it. all together? CIIAIR.MAN GOEIIR.INGER.: Yus and in Lhe leper please mention Ms. Moore if she can't ho.ve t.hal by September 251.11, Hint. we'll recess it. Yes, Mr. Rieger? MR. R.1i;C;P:R.: Can 1 -, it's n nine fool ulev'llion? C.'IIAIU.MAN GOP"IIR.INGFIAC: Yes, Flood `Loll( J. Flood, no, that 111corls 1.11"11. Hie lowest. floor. orua Ims to be r,lcvnicd at. J, which are pilings. I'age 2.1 - Ilear.irlg 'Urnlisc.Hpts August 28, 1.997 - 13om•d of Appenls BOARD SI'.C;II.I,:TA,RY KOWAI,SKI: (Addr.vssing- the Cli ir•Ilru1) Wot.tld YOU like n. house to be sited on the One lot. or 'Inything like that? C;IIAII.I.MAN GULIl11.INGLR.: No, because it's all goning to flow oil where the highest elevation is anyway. They ca.n just superimpose the pustlage stomp ba.ck on it if they want to, which is the building area. BOARD SECRETAILY KOWAL,SKI: Well, LIIal.'s wha.l. Pill asking. DO you want the builcling arca to be superirnposed ort Lhe rimy also? CHAIRMAN GOEll 11-ING.I?R: Sure. IMAR.1) SE,CRETAR.Y KOWAI,ShI: UK, I.hank y()rl, Ihat.'.; all I wllntccl to ,1ti It . CHAIRMAN GOI,IIR.ING1?R: Bearing ill mill( 1.11,11. it's the reclllest. of the applicant's a.ttoruey, ire there any other questions f.r•orn anybody o11 the Board. IIear.ing no farther (I ties Lions I'll make a mot.iou recessing tentatively. We are recesshig, this is firm, unless we get n cllnmr(1 Iii sud 111)()11 mll' BOARD SF,CRETARY KOWAI,SKI: You could always further recess .if yc.)u have IO. Please ask 111(m) '(aueliame) to chock wilh els again abmd. n (Illy or two hefore Hint.. (Acl(Ir(!ss;ing attclicnc•e) Wotllcl you (1111 I.hc! office about the 23rd of September and then we en.n tell you whether it's still going to he on that night or nnother night.? MR. 11.1I::GIER: R.ighl. CHAIRMAN C;Oh1lRINGER: We'll afford YOU time 1.0 loot( at the surveys u)' whatever we got-, you know, in I•ofercllce to elevations. MR. 11.11 GEH.: Well, 1 will be aw•,iy in El -trope a.L this particular period of time so .l will not be able to attend. CIIAL.LZ.MAN GOEHR.INGEM.: 011. MEMI3P:It TORTO.R.A: You ca.n Sublllil. ally written courulents you want.. We'v-e open to wriLLen. continents until the closing of. I.he II(Mving. Anything yott want to put in writing you're welcome to. BOARD SIsCI ETAR.Y KOWALSKI: But we'd Inive to hove it. by the 251.11 of SepLember. CHA.IILMAN GOF.IIJUNGL.R.: Assuming Lie has sonlediing. MR.. Can I leave the original photographs Neve too, would th,ll. be port of Hie .file"? CIIAIII.lV1AN (�U1�.IIILIN(;E11.: Yes, unless you wanl. 1.101 back. iInge. 25 - Ile,rring• Trn11sc:r•ilrl s Aug sl. 28, 1997 - Board iif App(mils MR. We'll evunlnally, bul. I'd like to Iratve I.hcm be part of Llrc submission - C'IiAIRMAN RiNGER.: OK. Well, the l).roblcm is Lhat i S.1w Hull You nurdo ornc copy of 'it. OK, it didn't Come ottl. Lbal. great on the copu machine. MR., I knew that. BOARD SECRETARY KOWALSKI: '1'ht: original is made part of the record. If you want it back its - MR., Well, it its lrtr•I. of the rt!cord, Lhnt's fine. CiIA.IR.MAN GOEHRINGER: RighL, Hint's Liu I)robleru. a 100"A d►rrerence. between the photocopy and 1.110 origivarl. LWARD SECRETARY KOWALSKI: After 60 clays art.er the Board makes a decision, you could s( -!►td the i3oord ar IeLLer asking to have it back anti. tJien zirler 60 clays they might. btu aible to. Depends on what. Ilse sihinLion is then. MR R. UK, i undo i 5latnd. C:IIAiR.MAN COh:11R.INGEIR.: We 11milk you vory rrrtrrh overyone fnt' Canting in. I nfrcjr I.hait as n motion, indic, and getil.lemetl? MEMBIh;li. DOYEN: Second. CHAIRMAN GOEHRIN(,i•;R.: All in favor? i3OAR D Mi;Mi;EIRS: Ave. PATRICIA C. MOORS Attorney at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 Tel: (516) 298-5629 I ;' 0( - Fax: Fax: (516) 298-5664 �I f NOV 14 � a November 12, 1997 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY. 11971 Attention: Ms. Linda Kowolski Re: Waiver Application of Nagy Dear Linda: Enclosed please find four copies of a survey on which the surveyor has shown the contours and drawn the proposed building envelope. Also enclosed is an opinion letter from Joseph Fichetti, Jr. Licensed Professional Engineer who concludes that the property is buildable. Very truly yours, 4a�tricia C. Moore cc: Mrs. Nagy PCM/mr Encls. gel/GIie�`� PROFESSIONAL ENGINEER HOBART ROAD / PO Box 616 SOUTHOLD, NEW YORK 11971 516 - 765-2954 Date: November 5, 1997 Reference: Naggy Waiver SCT I 27-04_2&3---- =__- -----.I Patricia C. Moore r 315 Westphalia Road 1\1011 1 4'r`+� PO Box 483 Mattituck, NY 11952 - - Dear Ms. Moore, In accordance with your request, a review of the survey of the above referenced property prepared by Peconic Surveyors dated October 31, 1997, and a site visit was made. As a result of that review and site inspection the following determinations have been made as to the property suitability to construct a single family home: Assumptions: While a test hole has not been taken to show the soil conditions we must assume that because there are homes on each side of the property, that soil conditions will not vary to such an extent to render this parcel un -buildable nor the water un -potable. 1. The building envelope shown on the survey is more than adequate to construct a normal single family home..I have assumed a footprint of 55 feet by 35 feet for the first floor. 2. Suffolk County Department of Health Services standards for the subsurface sanitary system can be met with a shallow five pool system. 3. The SCDHS separation requirement of 150 feet between the well and leaching pool can be met with the well in the N/E corner of front yard and the sanitary system in the S/W corner of the rear within the landward side of the rear 75 foot setback. 4. The parcel is in the FEMA Zone A7 which requires the first floor to be at elevation 10. This is 6 feet above the general elevation of the building envelope. By designing a garage at grade level a home with the first floor at elevation 10+ is not out of the ordinary. With the above met, the property is suitable to construct a single OF IV�jv FISC 0 i 2 � NCO 41° 052510 AROFfSS100P__ I 130ARD OF APPEALS:TOWN "O}. St:)UTHOLU -- ----------------------------- —— -:a In the Matter of the Applicatfon of - AFFIDAVIT -Eleanor Nagy (Iti�e of .Applicaxtts) ----------------------------------- Mx. --------------- -------------. -Mx. AFFIDAVIT OC MA TT f'USTING COUNTY OF, SUFF'OI,K) STATE OF NEW YORK) JAN011,_ I, Eleanor Nagy , residing at 100 Harbor Road, Orient, NY 1197 New York, being,duly sworn, depose and say that., 1) On the day of , 199,# 1 ,personally mailed, by certified mail, return receipt }rrr -sted, a true copy of the ataohed Legai Notice, addressed to each of the following named pLrsons at the addresses set opposite their respective dames, that the addresses listed below are those shown ou the current assess, ,.rent rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to eavh of sold persons by certified mail, return:recelpt requested.. Name of Surroundfne Property Owner Mailing Address -1.111 i 11�ugJ.as 220 harbor Rd Orient, NY 11957 S,nrlra T._ AllPcia 26 Woodland Ave., Syosset, Ii�I)orman 306 W Gr 19x1, �i, , NewYork_ N,. ],0011 Scs'��Prine�)inanp (.A c11el2Aarc1 br " Mll�eS 1.1 Pas -°-^�m��own. NY 1178,L� .� tt c•i � j►� 1 i � Lam Smi t=1, N�.J.1787 .Dgrr ;Lck n .rn a___r_ aR & Donny Si 4G e eHas 77 We;r ulkrt,. c� a 10036 2) on the 6?oX da of the property identified as Distriotl0o0, �5ectiong7' 27per9g lly posted ten ( 4 , Lot by Pi��ciuE, the Town's official poster ten (10) feet, or closer, er, from the property line facing the street (or facing the right-of-way), and that I have checked to be sure the poster has remained in place for seven full days prior to the date of the public hearing (date of hearing noted thereon to be held ::Tan 1�_,. lsg.8) . Sworn to before me tills da of L7—c�.nv (signature) 1 ry Pubito (Please return to the a£fice of the Board of ADpeals when completed. Thank you.) PATRICIA C. MOORE Notary PublIk State of Now Yofk Suffolk County - No. 466166) Commission Expires June 16. S PATRICIA C. MOORE Attorney at Law 315 Westphalia Road P.O. Box.483 Mattituck, New York 11952 BY HAND Southold Town Board of Appeals 53095 Main Road Southold, NY 11971 Att: Ms.. Linda Kowalski Dear Linda: Tel: (516) 298-5629 Fax: (516) 298-5664 r�yy f C, OR, I If ` JAN w13�.::,,, i January 12, 1998 RE,: E. Nagy Application Hearing Date: Jan. 15, 1998 Enclosed please find Return Receipt cards and Affidavit of Posting for the above referenced matter. Very trul yours, a, ricia C. Moore PCM/mr Encls. HOARD OF APPEALS:TOWN OF S C 7 U7'I3OLD In the. Matter of the Application of L i i y DEC 3.0 a997 AFFIDAVIT Eleanor Nagy (N me of .Applicants) `"'-"• AFFIDAVIT OF MAII.IN(=. NNJJ POSTING COUNTY o sUr'FOLK) STATE OF NEW YORK) Is Margaret Rutkowski, residing tit Theresa Drive, Mattituck, NY New York, beings ijuly sworn, depotne and say that: 1) On the A3A>day of December , 1997, Z personally maijerj by carWEied, iraL1, ret��rn r�ceint "fie= ue�s,;tud a true copy of the attac ed Leg+�1 rdotfae, addressed to each of tlTe following named persons at the addresses set opposite their respectfive Mmes, that the addresses Listed below are those shown Ou the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the Unuted States Post Office to each cif . sa.id persons by certified mail, returns,receipt requested: Name of 3urroundinm Pror,ert'y n."tn r Nlaflintr Address 1.411ian Doug,it-c_ 220 Harbor Rd. Orient, NY 11957 ranr}raT. Al 1 e 9 26 Woodland Ave., Syc3sset, ''� .l`laxv D. Dorman �0{� W et 1 Qth street. I`�_e,�7 Ypr Sherine DiQane 48 Shen 1s.. Nv �}ildre 1 M PaSC 11( n�-..,�II1.(�litown. NY l 1 7R7 -Derr htn.--n_--WV } 1787 " ck D. CPnT.�a �, n,,....., � - he�R 77 [IP�t Gl..}� St rTy zy 10036 edict -- 2) On the da of the property identified as District 1000, Section n 27 1997, 1 pers°Wally posted Block 4 , Lot ► by placing; the TowTVs off tial poster ten (10) feet, Or closer, from the property lixxe facing the street (or factlig the right-of-way), and that t havc checked to be sure the poster has remailled in place for sewetx full days prior to the, date of the public hearing (date of hearing noted thereon to be held Jan. =15,,. 1998). Sworn to before ase t)iis a3'�' of Dec. •, X997. �ignatuj;_4 ) 4 - a ?! -:-4 �� - rxtary Public (Please eAturn to the office of this so,tzd of rep Thank you.) eals When completed, PATRICIA C. MOORE Notary Public, State of New York Suffolk. County -No. 4861665 Commis ion Expires June 16, 9 PATRICIA C. MOORE Attorney at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 Southold Town Board of Appeals. 53095 Main Road Southold, NY 11971 Att: Ms. Linda Kowalski Dear Linda: Tel: (516) 298-5629 Fax: (516) 298-5664 t l: DEC 3 01997 December 29, 1997 RE: E. Nagy Application Hearing Date: January 15, 1998 Enclosed please find completed Affidavit of Mailing and postmarked receipts from the post office for the above referenced matter. Very truly yours, Patricia C. Moore PCM/mr Encls. OFFICE OF BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (1-516) 765-1809 tel. (1-516) 765-1823 fax. +++++++++++++++++++++++++.1-++-1-+++i-+++-1-+++-1-+-F+++++++++++++++++++++-+-+++++++++-1-- December 19, 1997 Patricia C. Moore, Esq. P.O. Box 483 Mattituck, NY 11952 Re: E. Nagy Application llearing Date: January 15, .1998 Dear. For your records, please find enclosed a copy of the Legal Notice which will be published by our office in the next weekly issue of the Suffolk Times. Due to the months that have passed and the requirements of Chapter 58, it is requested that notice of the January 15, 1998 hearing be sent at this time by certified mail, return receipt- requested, to the all surrounding property owners. These mailings must be done by 1/2 and must be sent to all owners of vacant or improved land across streets and along sides abutting your land. Please also post the enclosed sign within ten (10) feet of the front property line, facing the street, for a period of seven (7) days. To complete the town file, please return the following once you have received the green cards: a) completed Affidavit of Mailing and Posting: b) postmarked receipts from the post office showing the date you mailed the notices by certified mail; c) green signature cards once they have been received (you may return to us during the hearing, or before) . If you have questions, please feel free to call. Very truly yours, Enclosures inda Kowalski lnag.97/appl.new lquTl�L' utm HLAH1140 NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property® OWNER(S) OF RECORD: E L.. E7 pt N O 2 "f GY DATE OF PUBLIC HEARING: 'rl,i irs. I o Al Irr, )Q4 Q J � If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of S a.m. and 4 p.m. W Q i Ve,Ko L4S Z5. • TOWN OF SOUTHOLD e (516) 765-1809 r ADDITIONAL HEARING (S) SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 15, 1998 NOTICE IS HEREBY GIVEN,. pursuant to Section 267 ' of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 15, 1998 at the times noted below (or as soon thereafter as possible) : 6:45 p.m. Appl. No. 4531 - DUANE PASCALE. Based upon the Notices of Disapproval dated November 10, 1997, revised 12/15/97, and Disapproval dated November 17, 1997, applicant is proposing to build a new deck addition and requests Variances under Article IIIA, Sections 100-30A.3, Article XXIV, Sections 100-244B and 100-239.4B, for increase of lot coverage over 20%, reduction in setback from the front property r line, and reduction in setback from bulkhead. Location of Property: 3520 Minnehaha Boulevard, Southold; Parcel No. 1000-87-3-8. 6:55 p.m. Appl. No. 4501 - ELEANOR NAGY. (Hearing carryover C September 25, 1997.) Applicant is requesting a Waiver underle II, Section 100-26 based upon the July 7, 1997 Notice of proval of the Building Inspector which states: "(1) under Article II, Section 100-24A. (1) land area identified as 1000-27-4-2 and 1000-27-4-3 were created by deed in 1965 and do not meet the minimum ) 4 lot requirements '(12,500 sf) and (2) under Article II, Section 100-25A, total land area merger exists for 1000-27-4-1, 2 and having been held in common ownership after July 1, 1983." Location of Property: Harbor , Orient, NY. STATE OF NEW YORK) )SS: 9 OUNry FOLK) j I I (I r�_' ff () M, �) LK of Mattituck, in said . county, being duly sworn, says that he / she is Principal clerk of THE SUFFOLK TEWES, 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 regu- larly published in said Newspaper once each week for week successively, coinmencing on the day Of 1 r 19 Principal Clerk Sworn to be=re me this �� -C4 day of 19 -.2r MARY DIANA FOSTER NOTARY PUBLIC, STATE OF WEVII YO njNO. 52-t,titE524-9, SUFE O-!`: COUNTY tlaLF�iF i'illv:il Ulf Ll:t i��J 3lV i7JJr +31, 1� 1000-27-4-1, 2 and having been held in common ownership after July 1,1983" Location -of Property: Harbor Road, Orient, NY. 7:10 pm. Appl. No. 4532 — smm - and DAWN WILLIAMS. Applicants are requesting a Variance under Article III -A, Section 100- 30A.4,- based upon the -Building Inspector's November. 19; 1997 Notice of Disapproval for the proposed reloca- tion of existing accessory shed to a new location in the front -yard ata distance closer than the required 20 feet to the • north- (side) property. line: Ibis" parcel - - a total lot size of 81,921 sq: fL Icontains Location of Property: 405 South -Drive, —�D Mattituck, NY; County Parcel No. 1000-106=11-20; "Lot D on the' 1914 SOUTHOLD TOWN Tiled Map of ShoreAcres. BOARD OF APPEALS •7:15 p.m. Appl. No. 4532 = DEB - THURSDAY, JANUARY.15,1998 •LYONS and ANDREW NOTICE IS HEREBY GIVEN, pm- I COHEORAH C Applicants are requesting a suant to Section 267 -of the Town Law. Variance under Article and the Code of the Town of.Southold, , III-XXMV, 'Section 10nance 100-"A.244B and Article 'Section the following applications will be held the • 100-30A3, based upon the Building for public hearings --•" by " the . :In or's December 15, 1997 Notice. SOUTHOLD TOWN -BOARD OF of� pproval for construction of a APPEALS, at the Southold Town Hall, wooden deck: (1) at less than the 53095 Main Road, Southold, NewYork "11971, on THURSDAY, JANUARY required 35 feet from rear .property line; and (2) exceeding allowable lot 15, 1998 at the times noted below (or as coverage .Ibis parcel contains a total soon thereafter as possible} -=; 6:45 Appl. No.,4531 - DU-- lot size of 8,276± "square feet and is p.m. ANE PASCALE. Based upon the "dated known as 355 Skippers Lane, Orient; County Parcel No. 1000-24-2-4. Notices of . Disapproval November 10, 1997, revised 17115/97, 7.20 p.m. Continuation of HAY HARBOR CLUB, INC. Project 10- o-and andDisapproval dated November 17, , cation: Fishers Island, NY. 1997, applicant is proposing to build. a The Board of Appeals will at said new "deck addition :and;. requests-; Variances under Aiticle 'llik Sections: L, . time and place hear any and all persons .: -or their'representatives desiring to be 100-30A3, Artioli'�. V_ ections `for heard:,in.the.-above application The 100-244B ..and:' 100=239.4B; hag �l not start before the time increase of lot- coveiap.- over : 20%, designated, and written statements may . reduction.. in setback from the front be submitted before the bearing ends. _-,fie property line, and reduction in setback. from bulkhead Location of Property::' M�able for review dui - 3520 Minnebaha Boulevard, Southold; ; .:; ing- Town Hall business hours (8-4 g .. Pte) . Y__•-- :.-,-::-:_,=�: _ _ Parcel No. 1000-87-3-8:., _;_;;_= :_,- - •: If you -have questions, please do not " 6:55 p.m. Appl.. No: 4501 — hesitate to call -765-1809:.:.. " ' ELEANOR NAGY. " (Hearing; carry-, Dated December 18,;1997: over "from September 25, ..1992:) By ORDER OF THE Applicant is requesting a Waiver under w. _ -. - • - SOUTHOLD TOWN' ..Article -14 -Section 100=26 based upon`''. BOARD OF APPEALS the July 7, 1997_Notice of Disapproval - GERARD_ P GOEHRINGER; of the Building Inspector which states: Chairman "(1). under Article :11, •-Section` 100- Bq Linda Kowalski 24A.(1)"Ind area -identified as 1000- - 1267-1TJ8 274-2 and 1000-27-4-3 were created by deed in 1965, and do "not. meet the minimum lot requirements (12,500 sf) and (2) under Article U. Section 100- 25A, total land area merger exists for STATE OF NEW YORK) )SS: 9 OUNry FOLK) j I I (I r�_' ff () M, �) LK of Mattituck, in said . county, being duly sworn, says that he / she is Principal clerk of THE SUFFOLK TEWES, 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 regu- larly published in said Newspaper once each week for week successively, coinmencing on the day Of 1 r 19 Principal Clerk Sworn to be=re me this �� -C4 day of 19 -.2r MARY DIANA FOSTER NOTARY PUBLIC, STATE OF WEVII YO njNO. 52-t,titE524-9, SUFE O-!`: COUNTY tlaLF�iF i'illv:il Ulf Ll:t i��J 3lV i7JJr +31, 1� Page .2 - Additional nearings Southold Town Board .of Appeals Meeting to be held January 15, 1998 7:10 - p.m. Appl . No. 4532 - SHAWN . and DAWN . WILLIAMS. Applicants are requesting a Variance under Article III -A, Section 100-30A.4, based upon the Building Inspector's November 19, 1997 Notice of Disapproval for the proposed relocation of existing accessory shed to a new location in the front yard at a distance closer than the required 20 feet to the north (side) property line. This parcel contains a total lot size of 81,921 sq. ft. Location of Property: 405 South Drive,, Mattituck, NY; County Parcel No. 1000-106-11-20; Lot D on the 1914 Filed Map of Shore Acres. 7:15 p.m. Appl.' No. 4532 - DEBORAH LYONS and ANDREW COHEN. Applicants are requesting a Variance under Article XXIV, Section 100-244B and Article III -A, Section 100-30A.3, based upon the Building Inspector's December 15, 1997 Notice of Disapproval for construction of a wooden deck: (1) at less than the required 35 feet from rear property line, and (2) exceeding allowable lot coverage. This parcel contains a total lot size of 8,276+- square feet and is known as 355 Skippers Lane, Orient; County Parcel No. 1000-24-2-4. 7:20 p.m. Continuation of HAY HARBOR CLUB, INC. Project location: Fishers Island, NY. The Board of Appeals will at said time and place hear any and all persons or their representatives desiring to be heard in the above application. The hearing will not start before the time designated, and written statements may be submitted before the hearing ends. The files are available for review during Town Hall business hours (8-4 p.m.) . Page - Additional jarings - Southold Town Board of Appeals Meeting to be held January 15, 1998 If you have questions, please do _not hesitate to call 765-1809. Dated: December 18, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski xx LNAG.97/ag1.15/p7-8 5 Iq� >�I SECOND CODICIL TO, THE LAST - WILL AND TESTAMENT,':". OF RICHARD" NAGY I, RICHARD NAGY, 'residing at l '283` . Watclrung Avenue, Bloomfield, New Jersey, being 'of "-sound .<<:°. mind''. memory•. and understanding, - do make, publish and declarethis-,,-,to.' be a''Second .. " Codicil to the Last Will and,:Testament heretofore made',-,,, published, declared, signed, sealed and 'executed by me on June 8,;?1,990, and amended by a First Codicil thereto, here tofore ..'made,` published,, declared, signed, sealed and executed•:by-me on October 8;.'.1992, FIRST: I hereby. delete and cancel 'Paragraph" 1. of Subarticle E . of Article FOURTH - of my Last Will :'and` Testament - as modified bya First' Codicil dated October, 8, 1992,', in its entirety,'' and I .do hereby substitute the .-following ';in,,:lieu, thereof;:, 111. Any .part- for my daughter, , JOAN, Mir daughter, CAROL, or my son; STEPHEN, ,'.shall' be held in trust 'for such' Chi 1 d,. -,,of mine,,-..: and with respect: to such part', my trustees shall hold, -manage, administer; -invest and reinvest " the `" principal of such` F part Nand. shall'' collect and ._ receive ; the_ , income ' thereof- ._. and'' shall accumulate and/or distribute such, income and -principal, as hereinafter provided: (a) • Until the -',termination l of ,.the ".trust, my' trustees shall pay, -over to such, Child :all''of:°'the net: , income of such :part, at .. convenient i .'interval.s ',::.;but -.' not less often that;'quarter-annually. (b),' --Upon' the"fifth, '(5th'),1,'anniversary, of the death of the survivor of' myself. and 'my':wif.e, -ELEANOR, my trustees shall pay over and distribute to my. daughter, JOAN, my daughter; CAROL, and my son, STEPHEN, all of the; principal of such part for such Child,.' together with all undistributed income:. -:'_' (c) Prior to the termination of -the trust fund for the benef it ' of my daughter,' JOAN, -my " daughter, CAROL,'and.my.son,;STEPHEN, my trustees, at -'any. -time or, 84® '. " 6z3 . z >0 o F04 Er a z O ?4 w Z . a O ` M U ' w � 0, 0 P `w a . x ' W times' they deem it' advisable, may pay: or apply' to or for.. the' benefit of,,su'ch'. Child for whose' benefit a'�;part. is;: held. hereunder, such sum or sums', out :of the •principal of such part, ,as my trustees ' in - their' sole and nonreviewable:", discretion, may deem'advisable '-for-' such non-essential ;`_;:- ;personal needs "of such Child -not. otherwise provided by;; <;Y := government`financial:;.;assistance, "and ":I'"'benef its',' 'or by ' .providers of services;', PROVIDED, 'HOWEVER,"my, `trustees may:: :-[,`'pay` ;or- ,apply >. such °sum - or -sums out=:: of:.: the::,principal'' of ` -such part as my trustees,, in theirsole and.' nonreviewable ,;;discretion,"}:may, ;deem advisable ' =for.• "essent ial"'.'personal'' needs of such Child -if" such essential', personale`needs''are. noti' rov `ided,' for. b °"' `''• �� :.' . p by., financial"�� assistance `'and' benefits, •'or by providers of ,services;.' FURTHER 'PROVIDED -` _.HOWEVER, anysuch decisions :as" to"any' distribution of,,, principal to be made', hereunder,, sha"11{'be"'within:.:the;.sole and- nonreviewable`' discretion; of;'vm y�,trustees,� In making: any such, -distributions_: of''7principal, the.;' trustees' shall nota ,-under:;; any'." circumstances,;: -<:pay or reimburse` ,any, amount 'or' ='amounts`;;;; tol':,,§='.the'' ''federal. government, "State of `.New Jersey, = to"any:'"ot'her-state` or, to any subdivision, -or;' to.` any.` governmental'°sagency''for "any purpose, _ , including care, "support, " .maintenance: ': and education of such Child. In addition, my-trustee s;::,in, making, any;;. distribution''; of principal of such • part,,.' as ..,'provided s ;herein , �.thi.s Subparagraph (c) of Paragraph! l'.' of •Subarticl`e`a`-,E. -0:1 Article. FOURTH,' my trustees shall consider any. -amount or amounts :to which such` -,Child "Tmay_�'"be: entitledl, from.:'any governmental- agency, °''including,t'•,:but,°>limited:', to Social Security administration benefits, Veterans"Administration',: benefits' Medicaid , and. Supplemental---,Security.'',i,Income'` (SSI) benefits ',and `,with :respect, toAny su;ch,amounts .from;::-: V`.✓Y.^;.4 such agencies,- �my:'trustees :: shall-.,,,'assist-`-"such'"Child obtaining such amounts • and shall .collect;_ -expend 'and account separately all such governmentalassistance 'benefits,. _;:.:_; '' :•.},',`` :` ' PROVIDED,:HOWEVER, that'under no,�,-circumstances::: ., shall any such amounts be added to,' or commingled with this trust by,my trustees.- ` (d) In' the - event ,.that; ""it shall _ 'be j determined that the existence of the ' trust:. fund " 'created':; hereunder='for, ;;the-beneflt`;.;.o; r^,'such 'Child '•,renders.=:=,such ;; - q Child 'ineligible to receive Supplemental Security, -.'Inc ome (SSI), Medicaid or'governmental'benefi,ts, ,or `in the event' that my trustees, in their sole"- and nonreviewable.`: '{ ;.discretion shall determine that the trust fund' -for •such'f ':.•.,;l`i Child shall be subject to any garnishment,'..attachment, execution of bankruptcy proceedings'by'.any creditor of such Child, then in any such event, my trustees shall pay over and distribute. •any • remaining :~" principal' •and.'; undistributed income of the trust` -fund for such Child to such other issue of mine - who ' shall then.' be,'living, per, ;. stirpes; PROVIDED, HOWEVER, that any' principal and undistributed income thus accruing -to any Child of mine h; for whose benefit a part of my residuary.-. estate shall :4 -2- c 1 9 ' o 3 H ` b o F a a o w U p a w x a O M U w . w w z o w a oa w a U W a 1 9 ' � 3 then be held in trust, shall be added to such part and shall be held, managed, administered and distributed as a part thereof." SECOND:. I hereby delete, and, cancel` Subarticle , A.- of. Article . NINETEENTH of my Last Will.and Tes,tament..as , modified, by ,a - First` ,Codicil. ,dated October 8 1992 , 'in its entirety, . - and 1. do hereby„ °substitute the following.= in 1ieu.`thereof[: "A." I hereby appoint ELEANOR to'be'Executrix-, of this, my Last Will,' and Testament and' Trustee.' 'of any and all Trusts,created hereunder, to do`all'lawful.things ' to carry 'out their .terms, with .all those powers. and " subject to all, of- the terms and conditions herein set forth. If ELEANOR shall predecease me;: or ,shall' fail to .qualify or having`qualified -shall-- die,=`,,• reslgri, or� become? incapacitated during-, the "administration; of 'my -e -state or .'-.. of any Trusts created"' hereunder,', I'hereby appoint ELEANOR' s ` sister, -DOROTHY: TERNER � ' ("DOROTHY"), as Executrix and Trustee," to serve in the place.:and stead of 3 ., ELEANOR, with all -those powers and subjectlto all'bf.the' `='= terms and conditions set' forth"herein. If DOROTHY shall , not be then surviving or shall;, fail to qualify .or' having-. qualified shall " `die, resign or- become` incapacitated during the .: administration--of,"my estate. -°or 'of- any.''Trusts"' i.; � created hereunder,:, I hereby -appoint -My daughter, 'CAROL,' and my attorney,`KENN R. BIEG, or. the survivor of them, as co -Executors and co -Trustees to. serve --in the place and stead of DOROTHY, " with all - those ' powers and subject to all,of the terms and conditions set forth. herein.". THIRD: In all other respects, except as modified,herein,-'" I hereby ratify, confirm, redeclare and republish, my, said Last Will and- Testament made,. published, declared,,.' signed, sealed and.. executed by me on June 8,,;:,1990, and..'. amended by 'a' First,•Codicil. thereto, heretofore"made, published, declared, signed,.. 'sealed and.' executed by me on October 8, 1992. IN WITNESS WHEREOF, I have hereunto set my hand and seal this C7 day of - �`��' 19 (L. S.) RICHARD NAGY The foregoing Codicil, consisting of three (3) pages, was -3- signed, sealed, published and declared by the said Testator, RICHARD NAGY, as and for a Second Codicil to his Last Will and Testament dated June 8, 1990, 'and amended' by a First:'Codicil* thereto, heretofore made, published, declared,'signed,'sealed and executed by the Testator on October 8, 1992 in•the presence -of us, who,,in his presence, at his'.request, and in the'.presence•of each' other, all being present at the same time, have hereunto subscribed our names as witnesses. 5 Witness. Address' Witness:: Address ness. Address Y 0 F A C7 Z. . o z a w ,, Oin F a x O ' w U a• ZO M ai . U) C [� ILI %+ .: MO rn nW n 1 x U ' W U d a p , signed, sealed, published and declared by the said Testator, RICHARD NAGY, as and for a Second Codicil to his Last Will and Testament dated June 8, 1990, 'and amended' by a First:'Codicil* thereto, heretofore made, published, declared,'signed,'sealed and executed by the Testator on October 8, 1992 in•the presence -of us, who,,in his presence, at his'.request, and in the'.presence•of each' other, all being present at the same time, have hereunto subscribed our names as witnesses. 5 Witness. Address' Witness:: Address ness. Address w A I c7 9 ACKNOWLEDGMENT AND AFFIDAVIT I, RICHARD NAGY, the testator, sign my name to the foregoing instrument this /0 day of 14U, — ' - , 19 9 Z—, and being first duly sworn, do hereby declare to'the-undersigned authority that -I sign and execute it as my, Second Codicil to my Last Will and Testament dated June 8, 1990,' and amended by a First Codicil dated October 8, 1992, and that I sign it willingly, that I- execute it as my free and voluntary act for the purposes therein expressed, and that I am 18 years of age or older, of -sound mind, and under no constraint or undue influence. / `�t•Lfi� G��C� � �/ .G RICHARD NAGY, TesZa,,gor CL andyLc�r•PBitnesses, being. first duly sworn, do each hereby declare to the undersigned authority that the: testator signed and executed the foregoing instrument'` -,,as -his Second" Codicil to his Last Will and-Testament'dated June': 8; 1990-, and amended by a First Codicil dated October 8, t 199.2,-'. and, that he signed it willingly and that each of� us states' tha'i_n the presence,;, ,and, hearing of the testator'and in, the- presence _of.'each other; each hereby' signed the Second ' Codicil' to the' : Last Will ' and"Testamen I ; dated ,June 8, 1990 and amended by a First Codicil, dated October_ 8, 1992, as witness to the testator's signing," -and that' to the best of the knowledge of each of us the testator is. 18 years of age or older, of sound mind, and under no constraint or undue influence.` - Y Witness Witness Witness The State of New Jersey County of P_s-`ev Subscribed, sworn to and acknowledged',before me by RICHARD NAGY, the testator, and subscribed �?nd sworn -" to before me by Uyt_r�._ , , ,and AYurec` ? e'1_r\b witnesses,' this JOY k--' day of �,_kvt ni b_e 19 9 a • � '"�c�''c Cir ��C 1 4 Notary Public M1 THIRD CODICIL TO THE LAST WILL`.AND: TESTAMENT RICHARD NAGY I,.RICHARD NAGY; residing at 283 Watchung Avenue; •Bloom field New Jersey, -being of ,sound mind, memory and understanding, do,make, publish and declare this, to be. a Third Codicil .to "the 'Last Will'and :Testament heretofore made, published, declared, .signed, ..sealed,and ' executed by me on June -8, 1990, and amended by `a First-: Codicil a thereto, heretofore made, published, , declared, . si.gned, sealed and i executed by . me on October 8 , . 199,2 „and ,amended by , a .S.econ&, Codicil,','"; thereto, heretofore --made, published,.declared, signed, sealed and executed by me on.November 10,'1992. { FIRST: 'I hereby 'delete and cancel Subarticle`A:'of;.Article' i NINETEENTH : of my ,Last Will and Testament _ as modified,'by',a.-::First'- Codicil dated October '8,• 1992, and "'by'.. a Second-'._ Codi;cil'dated.: November 10 , ., 1992 ,', in,:its; entirety, and .I d'o ' hereby substitute,; followin in lieu thereof. g:. 11A.''°=I -hereby appoint ELEANOR to :be, Executor -of°°.this* -m Last. ,. Y :;. Will and .Testament -and Trustee "o Trusts..�:created f;°=' an and' aTl _;:-::.; x,::,,• y,_.; r, hereunder.; , to do all lawful -''things to:S carry 'outs'%their'•terms,:with:' -` all, -'those -='powers. ;and' subject ,-to. all' o t e' -,conditions"''==` ' f:'' h terms- "and' ' ;.: - herein set forth.- If ELEANOR_ , shah_l,::pr.edecease' me•.,or" :_-"fail'.'•to'' s. ualif of having -.quallfied shall die q Y' ,. resign::,-' or;- :become :.'incapacitated during .:the administration.- of :-my estate:-or`=':''of';,:any; , : ":"-Trusts' created 'hereunder, I hereby 'appointmy sister -'in -.law;`' } 3; DOROTHY � TERNER ( "DOROTHY") , as;:,Executrix:,and .'Trustee; �`.t,o:`:•serve: in`' the: place` and. stead 'of `ELEANOR,` with all those 'powers: and:aubject." to `all ' of: the terms` and conditions' set: forth herein. ;.'If -`;DOROTHY::.: shall not ..be then surviving' or .'shall fail" .to qualify-`- of --having..:;...` ; qualified - shall . die, "resign -or, become incapacitated'. during ::the ','administration- of my estate or -of any Trusts-created.`hereunder.' ,4 her eby , appoint my niece, ELOISE MURPHY','(" ELOISE) and.,"my. niece, SUSAN BOLES . ("SUSAN") , or the survivor of .,them,, -as co -Executors.= and co -Trustees to serve in the.place and stead of DOROTHY, with .,-all. %. ": those ; powers: and subject *to all' of . the :.terms and'':"conditions'. set ': ' , forth herein." x, SECOND � ,.:.. - •. , _ .. �-;.,. ';:,�,_,: In all other respects, except as .mod'ified herein, hereby ,ratify, confirm, ' redeclare and republish my .said-: Last Will sand:Testament `made, published, : • declared,.. .signed, : sealed _ 84G executed by me on June 8, 1990, and "amended by a First ..Codicil thereto, heretofore made, published, declared, signed, sealed and executed by me on October 8, 1992 and amended by_a Second'Codicil thereto, heretofore.made, published, declared,-signed,.•sealed,.and executed by me on November 10,"1992.. 'IN WITNESS WHEREOF, I/. have hereunto set my had. and ,seal,,:this l `T day of L'L G��- 19 / y 4P,L.S. RICHARD NAGY The foregoing Codicil, consisting of. two (2);..pages,, was signed, sealed and executed by the said Testator, RICHARD„NAGY,;as and for his Third Codicil to his Last _Will and Testament dated June 8, 1990,,and:amended by a First Codicil,thereto, heretofore made,” published, declared, signed, sealed and executed,by me on October 8, 1992 and amended by a Second Codicil thereto, heretofore "made, published,' declared, signed, sealed and executed by me on November 10, 1992 in the presence of us, who, in his presence,,at his request, and in the presence of each other, all being present at the same time, having hereunto subscribed our names.as witnesses. '41Witness Address Witness Address b Nom, h Ic'n Wi eke Addres 847 -2- r FIRST CODICIL f r ! TO THE LAST WILL.AND .TESTAMENT " , „• OF RICHARD VAGY I, RICHARD NAGY, ".residing at ..`2'83 ` ,Watchung: Avenue;" .: Bloomfield - New; "Jerse bei,n Y.`..o . g _ , of:. sound mind, ` ",.memory and understanding, ' do make, publish and declare"this`',`to'rbe ; a" First Codicil to- the., Last': Will;:,';_and ' Testament, `heretofo,re - ;madeo published,'declared,"signed, sealed-and1executed:by"me'on-June,:8 1990. FIRST: I hereby, delete and cancel Subarti-cle E. Article ' FOURTH of my Last ".Will "and Testament i,n i tsr ent,i re,ty,. and I do hereby substitute the following in`lieu thereof:'•.""'` E. Upon the death of ELEANORror,as soon as practicably' convenient thereafter, -:,or upon my`death if ELEANOR shall have "predeceased me, the; :balance - of -the principal' and . any undistribut•ed4� ",income of ,',',the ; NAGY EXEMPTION PART and,,the'balance,o_f;.the principal'.of-the'; NAGY,:MARITAL PART, or -the rest, residue -.;and: remainder,' of - my` :estate, whichever the case , may`-be,�,:. shall -be divided. ;into as many equal parts as there are ;Children. then surviving ,and Chi-ldren"then deceas.ed-leaving issue then surviving, and ; 'in ' respect of said parts, my Executors or Trustees,are directed: 1 . Any part � for my ,daughter,F : JOAN, or. 834 z . my son, STEPHEN, shall be held dn- trust- for such '.Child of mine and with respect to such` part, my trustees. shall hold, manage, administer, inv.est'and.:reinvest'the principal oflN.such part and shall .collect= and,, -,receive_ 03 the income thereof'. and shall accumulate'."and/or' Z distribute 'such,. .income .and ,principal:; as'. hereinafter ° provided: (a); ,.'U n t i 1%the te•rmina.tion `of`. the a ' trust,: my trustees shall pay..over- to,- such Child,. all of. p the, net income: of such part, at.. convenient _"intervals,L" a? a but-not,less often than•quarter-annually.o az 0 (b) ,..Upon the rattainment� o"f.°,the rage of ` sixty (60) years by the Child for whose_ benefit a.. " , w part ,is held 'in'" trust', my _trustees.=.shall':pay ':over ,and, w z distribute to such Child -all- 'of the :principal -.,`:of such part, -together,.with al,l, undist.r,ibuted.'"income. a" (c.) Prior to -the: d`istribua,ion '`of . all of .the principal of :� a . part held—1p; trust-' -for, the- w benefit "of- such Child' -of. mine,' ,my, es, a.t.any,"time mine; or times that they', deem it advisable,', ;may •pay or apply to or for the 'benefit -'of such Child, -.:such sum or sums., out of the "principal,,of such part- ( including `the- whole,:. thereof) , as my :` ° trustees, in'� " theirz`7 sole and' nonreviewable discretion; shall deem -advisable to: '. provide - for the care, maintenance,,.'::support and, 834 i'1�a�1'r _ - moi:` - i, ,�p,11 1.. _ _ - _ .. -. - - a _ _ FJ d. ,�� • - , _ _ - ., - ` i}. :,,:,, � — . . � - .1 , . . �,.,� %, r� .�J:�. ��,�.�,7.1'i, , , �il � . , , � � . . /l/. � � -1 1. ,. , , , ,:, � _ . , -1 � I I � I - " , � . . . ,� , - I I , . . . ., �,. . , � � I . I �� �: I , I , , 4 ,� ', "..'"': 1.1-. I,- :i . - � , � " : - , , � I �, , � � . 2 � , , ,_ � " � I _. . I 1� _: " �:, , , , � " , _.�'. , �� I � 4 , , . - , , I � I I , . , , � I - - I , I I ,�, '? �, I : - � '. - , I . I .1 11� � . ., - L � . I . -',." , �; I I � . ::., � - -� .1 �,.', : �,. ,, -', : � , � , ." ,I I .- . � I . , ': : . ,� , '. � - " I I . I .1 , " - , , , , - ,�: __ . . 1%�, .1 -1 'ef .. �- �4, , _ - _ _ - .. - _ - - - •-. ` - `• _ , - .. - - gay _ is . education (including; ` but - not• l•imi`ated . to ,: undergraduate;"> gr,aduate:' and' postgraduate education) ,-of'. ' f such `Child, as"=.well yas for-''any.'.ex'penses':'incurr,ed`by or:e >,:£z' _ •:: . - for such' Child because °'.of,, `any °'ri11'ness,`- operation�11 ;- - •inf`irmity,`a emergency;_+. `:or:':s``'for :;:;_such,'«°,; ther--�_,pur.poses,; °1. irrespective ofl:caus:e'.or�lneed,'?as'�m �truste.es' in""their. Y { -Y ;'1. SO n e' a , d-.:nonrevi'ewable ;discretion,' =,shali`.,,deem` ,o.'_� be: in ' 1. - — the' b u. est- -interest:.: of":, �; '•,> such` Child.'':: .. ,, • , , . _ - - - - .'Y' Aa' - Y••. - • .'C� `¢ `.' .r „ : �, ,- . - ''4 '.., .',. (d) If' such Child for.,.:`:"`'whose- :; J`: .. benefit,. a_ part=- "is:`' held iri trust ` shaaYF dL: "F before°:' 7 a,,.:;.:^,,r ' - - - attaining"'the ,'age' of> s'ixt (60 ). years`"` :then:,>'.0 on the,' `;'`°.j �.-I�-�..","��,�l--,�"I.--"'.""".Z"I. of such Child.` .the ::then reinaini'n� " rinc:i al of': '" '`'-'' ':death '' - such art' -t.o e.t-her.-'' wi,th��• a"11:� �'und:is-t'r'ibut dtr,,:°:>i.n P ,' 9 e come';': .'t` ;4''<' ,,,' .. shall':`be paid, over, and'di1.s;tributed°-'`to'`,'the`.-,i � such;' �`'" Child 1i g vin at the''':date .of:"'Fsuch`1.• Chi�ld,.;'s ':de.at.h per r .'` "} "I";,,,, ,,,, ': ,-- - _ stir es• ande in default, ofr`;` suchissue` athe the `'` P n . remainin ri,..: g p .ncipal' "o'f_ such pa`r'.t, together':''w'ith., al"1° I fi, .. `�_ undistributed ' -income, shall '; beL;;' aid.:4 . Vo'v-e r. - ande' P `"'y: ' 'i" , i r, : ;'_ d s_ tributed .to" :such pother-- issue of.'. ,mine"wlio' 'shall",''then •• „�, _ be living' per sti,rpes; PROVIDEDIZIthat'. an " 'HOWEVER , y = µ `, T. •.'_principal,' and': undistr-"ibu'ted ~income: thus',, ccruing :,t ariy: .;:; " - `'i Child of 'mine`for'.:who'se.`benefit a. part' -.of ;my _re5iduary> '11,11:,;, ", estate shal'1,:'then be':,held � * 'trust ' `shall',' be °',added': to' �- ' ,i,.--,-,,`'° ' _. „: such _part' and .-sha,ll.'.'be :held,` :.maria ed1,111 "; Eadmiri ster.ed and.'. -' -distributed' as art _the.reof . - " . 2•'.' 'An- art forj 'm' ;dau hter"' 'CAROL-- ,".a'' ,, ,, , I ',11 � ..._ shall ' be held:'°in trust, ''for such i'Chi 1d` ,of,;.' -m ne`R and-.wri' ":4 - �� ' ` , -. 'il� respect:;to;,such part',''my' trustees `'S" ha11`:bo1d;;`.-manage, I':�,;114'-' _; administer, .' invest' •and::'r,einvest the,:"pri,ncipaI ::of 'such.:' .� part arid.shall`'coll'e.ct', and",„receive' ,the:.";i'ncome;.ther,eof . - • . ,and shall,`accumulateand/or_ distribute :..such',":income.°a and, ''� principal,.as .hereinafter„ rovided ''' "r` °' P, 'f,: > F ``r`° 1, , _ ( ) .-. Unt i 1 the death .o -f;- - my'. aI. }my ;} _,C „ daughter., CAROL, trustees shall1. pay,: over :, to' 'such;r � Child- all+' of the net income of,; such part.;' at conve1.nient' ''', '91..' in.ter.vals_,. but;;%noa `less, _oftenf ;than.`, uar_ter-annual rq. 1.�';a.. .. " ..,,, • .l(b)' Until: the1. death' of:'' m ; ` . c� . daughter, CAROL','; my trustees,- at;';any"time'•or.'.'.;times" `that'' 'adv,isable:; a.may`,pay`'''o'r.,;a �' ,;, , - they,. deem- -it l to' o"x°:"f'or' the: PP Y:' ": ;' : z benefit:.- , vsuch `'Child' 'and/or. 'her;"issue `'such sum, or - f o; sums' .out: of. the rinci al of such art-ine;ludin - a ''"' :� F ;y -`whol,e '.thereof' :as" "m ):,f y:: `trustees;,: Inn,;,..theIr-''-:sole and .: = :`r I o, nonreviewable discretion' shall deem'`' d' ; _a v.is`abhe' ',to.; '`{' •I. �, F a . rn �. -.:fa , , ';. , P rovide for.. the' care, maintenance: a or ,and: �. UPP. t. -;,: I '`°1:+. ';:,.'%' z, a . o .R If , _LIeducation,, .( inc,ludin :but,".,not' ,'limited -:to, "Kz�,,e1•emen.tar 1.►, ., .,'j';: `°M',, ' "" ' sec,o' dar- =` - under raduate� ' r.aduate"--, And,H:,°'' ost' 'raduate : 'o >`"''''° w ni =z W' education ). -f' such .Ch'ihd. and or, '.h `' as. % er' ':issue#_' as:��''we- `--' .::. . ,..z- i: 'o - f,o;r, ':an expenses incur`r.ed '`by`,:or,, .,for". Y P :,, ,`such: Guild anad%or` S:r..i `41:, (6', '� her is � ' sue` beca'iise';-, o'f ''.'an i'1'Tnes's o `eraa:i'o`n- inf °rmi`'t: �"i' ° V C' W' '; w :� 9 Yr't , P p r'!w r`espectiv.e "of<: _em'er enc or.,"'fora: suc'h•-,ot:her:' ur os -es it ,,,,; 'i 7 ' - A, z : 'o x .,: ': -� cause:' or, need gym' tr`.us e t es' ,'iri°``''the:i;r sole and .' Y ,` :j . .Y.: r r' ,til::` '1 o a' 1, . o ev ew:abl'e .di'screa.ion shall' :;deem r toa be `in. rithe:: best � 4,, '"'3:; a :� in er a o r'" _K_ i t es.t f^ o su ch Y ld ` "C i rid r' =h a ss.ueo' In :the° ,` ,:I k7. >. ",.: exercise"`,'of, "'such „nonreviewable,; disci,et-i'on,; my -'trustees,-"`.: E ` _ } x _ ma a or a 1' 'the' rin i y. y. ., c ala :of::-'thetrust.- £.und .to: P PP Y; ,, P P. `;,, I w1. .;` �' ""' = such. Child Wand/or.-',he: issue a wall. ork'`'une ua]"1 to r:', +_ q y ' 4: Y o } ::f r•, - U' _ _ , i ��� . nor ,'t . L Y t. . -2- „{� � _ j I .. .. .,- . 1... 1 r . ;, - � , �; " , , , � " �: � �: F d 1, � , . ! _ ''( rl ., . .. , .. ., . .. . - , _ - . .. .. ....... .. . . ... . . . • .. ♦ -_ - .. ». .a....... �y;_�'•' or for the benefit' of any one or:, more of.. them , to the exclusion of others . � ,, , '(c) Upon 'the 'death of my.: daughter, , CAROL, any principal"and:undistributed-„income remaining: shall be divided, paid over- and.distribut.ed-to.•the then: living issue `of my said .'l daughter,":' per'-; ,'stirpes; -PROVIDED, HOWEVER, any 'part thus.:.atcruing. 'to' any -issue of, my said daughter who shall not have -attained the”' age.' of thirty (30) ' years; shall: be -.held `-in- trust for such, issue as hereinafter set forth"in'Art'icle: EIGHTH of this, my Last Will and Testament. 3., Any part for surviving :1'issue of a deceased Child of` mine 'shall be ;held,''in"trust for such'. issue as hereinafter' set forth," in '.Art.icle EIGHTH of this, my Last Will and Testament.." SECOND: 1I hereby delete and cancel, Article . EIGHTH of., my, Last. Will .and Testament in its entirety, and I do hereby substitute the following,.in lieu thereof: "EIGHTH: Notwithstanding any other provision herein to the contrary, if any beneficiary other than my Children shall not have attained the age of thirty (30) years at the time he or she'is entitled to receive any distribution of assets from my estate or from any trust created under my Will or, of any: assets from my estate being distributed from• any- -other trust, such distribution shall be postponed, and such --legacy shall be retained in trust by my trustees, hereinafter named, as a separate trust for such -beneficiary until he or - she attains the age of thirty (30) years. Until such beneficiary shall'attain the age of thirty (30) years, my trustees, at �-any 'time or. times' that they',deem it advisable, may apply for the;, benefit of such beneficiary, or pay over to'him or'her`'so much, all or none of -the net `income' and/or principal';as mytrustees, in their sole and'nonreviewable discret'ion,'shall' deem' _ advisable to provide for the'care,''maintenance, support :=:and education,':- (including,. but not, `limited to, ,elementary, secondary, undergraduate,' graduate and; "postgraduate education) of such benef iciary,-•- as. well as'.. for any expenses.incurred•.by or for him or -her because of any illness, operation, infirmity; emergency, 'or.,fo.r such - other , purposes, irrespective `of' cause- or—need,. as my trustees, in their sole;• --and' nonreviewable-; discretion, shall deem tot• be in the -best-, interest of,: such beneficiary., Any net income :,not' :so'�`-paid ' or.; applied during any -accounting year of'the trust for, the benefit of such, beneficiary -shall be `'accumulated and, 'shall be treated as`pr'incipal at the end of such year; Upon such beneficiary attaining the age of thirty -(30),:., years, my trustees shall distribute the remainder of such trust,outright to such :beneficiary. :;'If said beneficiary shall die. -before attaining the — age of'. -thirty (30) years or before receiving a final. distribution of the trust created for his or here benefit hereunder, the principal .,and -,any -accumulated-- income of such trust.shall be paid over and distributed, to the issue of such' benef iciary,-per.:stirpes, subject -3- Y to the terms and conditions of..this Article EIGHTH; and in default of such issue,` said:principal and,.. accumulated income shall be paid over "and distributed to the surviving brothers and sisters of•,the"deceased beneficiary and.the issue of any deceased. brothers and,; sisters, per stirpes, subject to, the • terms and,, conditions of this Art.icle'EIGHTH.. Anticipating the possibility of- changed`,condi.tions and circumstances now unpredictable*,' nothing",',' here inbef ore,expressed' in",`this ' Article shall be construed to prohibit"my trustees `from' distributing all or, part of 'the :trust create& for' such, beneficiary" prior ''to 'the ' time herein designated as shall, in the duly deliberated opinion of my trustees', ' be in the best interests of such beneficiary, irrespective of his or her attained age.." THIRD: In all other respects, except, asmodified herein, I hereby,•ratify, confirm, redeclare and republish my said .Last. Will .and Testament made, published, declared, signed„ sealed - and executed by me on June'8, 1990. IN WITNESS WHEREOF,. I have hereunto set" my hand and seal this (P day of 19 (L. S. ) RICHARD NAGY- The foregoing Codicil, consisting of. four -(4) -pages, z. and declared by.the • o RICHARD NAGY, as and for a First •Cod•icil',to his=Last•..Will and: Testament dated June 8, 1990, . in the. presence. ,of -us,'-who',_. in his - presence, at his request, and in the presence Cz being • present at the same .,time, have ;.,hereunto subscribed " our. - Z .. o 4 p . En • z 0 PQ ' p S w z a C %air L- 1)r rf . V ` /7 K•7'` �"c� e / "/✓� p C _ W En 0 a a x U Q." U a Y to the terms and conditions of..this Article EIGHTH; and in default of such issue,` said:principal and,.. accumulated income shall be paid over "and distributed to the surviving brothers and sisters of•,the"deceased beneficiary and.the issue of any deceased. brothers and,; sisters, per stirpes, subject to, the • terms and,, conditions of this Art.icle'EIGHTH.. Anticipating the possibility of- changed`,condi.tions and circumstances now unpredictable*,' nothing",',' here inbef ore,expressed' in",`this ' Article shall be construed to prohibit"my trustees `from' distributing all or, part of 'the :trust create& for' such, beneficiary" prior ''to 'the ' time herein designated as shall, in the duly deliberated opinion of my trustees', ' be in the best interests of such beneficiary, irrespective of his or her attained age.." THIRD: In all other respects, except, asmodified herein, I hereby,•ratify, confirm, redeclare and republish my said .Last. Will .and Testament made, published, declared, signed„ sealed - and executed by me on June'8, 1990. IN WITNESS WHEREOF,. I have hereunto set" my hand and seal this (P day of 19 (L. S. ) RICHARD NAGY- The foregoing Codicil, consisting of. four -(4) -pages, was.signed, sealed,: published and declared by.the said Testator,. RICHARD NAGY, as and for a First •Cod•icil',to his=Last•..Will and: Testament dated June 8, 1990, . in the. presence. ,of -us,'-who',_. in his - presence, at his request, and in the presence 'of- each..other, being • present at the same .,time, have ;.,hereunto subscribed " our. - names as witnesses. Witness Address Witness Address.. %air L- 1)r rf . V ` /7 K•7'` �"c� e / "/✓� 7itness Address ACKNOWLEDGMENT AND AFFIDAVIT I, RICHARD NAGY, he testator,-sign.my name to the foregoing instrument this day of 6�� 19 9z— and, ; t. being first duly sworn, do. hereby declare., to the undersigned: authority that I sign and execute it as my First Codicil to my, Last Will and Testament dated -June 8, 1990, and that I sign it; ; willingly, that I execute. it as my free and voluntary .act .for .the: purposes therein 'expressed, and that I am 18 years of age or-° older, of sound mind, and under no constraint or. -undue influence.: RICHARD NAGY, Tes at r, and q�7cr4-.1.4,1- ,'witnesses, being f i,rst duly sworn, ; do each ,hereby declare to the undersigned'�authority that the testator signed and executed the foregoing' 'instrument as his First Codicil -to his Last Will and Testament' dated June 8, 1990,_ and that he signed it willingly and that each of .us states that in the presence and hearing of -the • testator: and 'in: -the. presence ` of each other, each ,hereby_signed:.the First Codicil to :the' Last Will and Testament dated - June'' 8, :. 199&- ' 'as. 'witness ' .to , the testator's signing, and that to the best of the-.knowledge''o.f each , of .us the : testator is 18 -years • of- age or :older; ,-of sound mind, and under no constraint , or .undue influence.'' Witness z Witness C 94 ° Witness The State New Jersey ° County of Asby Subscribed, sworn to:`:.and acknowledged":before 'me 'by'. .+ RICHARD NP.GY, the testator,.and `a sworn.to before me:. s b K ��' �-; 1 i o�rL �". aCk� �. and w k f2G- uwitnesses, this..day of 19q�. 3 Notary Public ' a , �Attd S�1T ' • ,. . . , . , A rMay Pub2c of ties !may - • •-- ray �A Expb� Fcbniaer 2t3, is93 .. . . . !-�- �:, , , � ',',,",,k,7 ', I ., , ; . , - ,, , " , -.; � , . ..�.,",. ;�,:, t.,� 1`11ti�lltil�_��t 1'. .;_ , ,� -�,,�� _t� `, - , -, _', ,104� . , , � !� '�, , , , , �', _. 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", . 1-.1 - . _,-�;, 11 ,,,,,_ "! t , I - . � .. - . 1. :. �, - � � , I �",_, , I - I . _1 I I I - I I � . . , Y , . .� :,� , . . . I � I I . � � . I I I , . , - -,. % ,� -1 - �_, ..;', , _ .. - � I I I " -0.. � � � ,, -�.,. � . : , , � , " -. �., 1, , �:, �!�' _f" -11. : 1, ''I ��,, . - ., * :,��, , ', " I " � I �: L:,,�7_j .� , I �, I - I I . � I . I . I _ " -r-, ''.�,--,,�,�','.'-,---�.��,- -".", - I � I , ,� I . . - - -, . � , � ,!Ttj;�f , I . ''. . - . !: LAST WILL -;', � I 11 1''.. 1, 1. -, � �_ I . I � -�: f "t .""� -i%.' I .-f-,,1- :1� ': �, .� .1 ,f I � ,-� .., - � -,,, :., I 11 � ,; I . Z. " ! �,'' � -� t,;.' � .'�, . � -,P,, , , , , : � : , ! � , : ", -.11, - - . ,", � ." . . , - rt, , - 11 I . _ . ��, .:", - - - ---] � � ' f � " "" - --' _, , 1, -I- -RICHARD NAGY, of the:� ` ' ;1 �1 I 1� , 1, - 'i. - -�:`, - `zt,-, - f,�, , " ; - _-, ;,,,- 15 � � � township, ''of Bloomfield ield,'.-_�� County .,o , , ' ; -1 -1- - " - � � ., . , :11 I � - , ,� _ % 11 ;� . .� e�� ..�;,etv - ,.� ��,,.,,_,. I;: � ", I - � " " t-tzj 1 t� �,-- ., -, -� . . '! , f''� ,. - -, . , , -�J" -_.,,__". I _. , . ,,-�t:�- " 1-,�,:, � " � , " -.171".,my ,of, .. - I I , , I . t , ,,� '�:�tt?,�� 1__�; , , - 7 � .,`,t,�,:�, I , - , , .", ,,-"; - ,�,t I �. . �' I ' � - - , , , I I . - . . - - . . 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': .�� . .,r., ,�-� � . � _ .1 , ", - � - ", _'- ", " `f �,�j"_' � " 4 I .1 . . �, _.." , - , ,., _ . , . ,��,, . , , � I , � I �', ,.,`, t "', ?, . �_ � -1; ?,��__,,_ i- _ . ,� I . . .. r 'fo ' " '. I .- �, . � �, ,.!-,-.',1_ I tyr� , �, be -then-�: su,.�` I; give ..such A t,ems .' of - the recrbing-,��,�' ' -,` "2"`,�, I Ll,,. r I . . 11 _ e,' : f, --��" '�", ,,� r .o r In,-- , � " ,.'!`,",�,;:,,',' � *� 11 1, ;-r ,�, !.f. I t., , , I, _ - I I 11 - It �- :., .--,-, - , - " - . 11 � ,7, � . : , � .,L I , ;. I _ , , % " � . , . , � �-..,�-.- - � , : �' � - , � 4 , , A � r , I . I . � , ' ,,; ; , I I � . , � . , - , I " , . , t ,-� � , '� ; , - I - ,which . I,'may _� have . any interest t0MV'_'childre � -Yf, �-, ,"�' I I � r. �'_,",,�,�,,� , - I ", "., I ". ' - --. n, JOAN.,NAR=,,�, NAG ,;;&�,,, ,-- . - �� `,,,�'.11 � I ' .� " -�, - , -,;,., ' �f, � ' , �';'!.' 1-5' � ", - - -�. " I - , _ 1: '- .�` ".:, � I . . , * I . �-t_ -, �, _- � � - , ", ," Iri.." a/k/a,- JOAN -.MARIE. -McCORMACK , �(' AN " - ", . -1 � �, - , -, � "JOAri" , �' STEPHENt,", WILLI - � _,_1 .:-��:,_,-��, I ", _� AM. �-'NA GY--�' - I - _',�,-,�3!,, - , . : - � -,,,��, ., -, 1-1 ! � - ..,_ - -, - .f_ . � �1� ,1111,1-4'i * , , "' , , - . f, .. I - - , " . ?I I 1, - � - "'%, ,,�,. ,, , - � !, ". , f ` 1.1�'1'11 � I �", - , .-r - - I � - :� I . r , . , I t,�, I I - . .1 �, , , , " ,� , � 1"'. , . I � I I I f; , :-(."'S TEPHEN") .and ,CAROL RUTH NAGY, - a/k/a .CAROL,�RUTH �MEYER�.an(CAROL„- '.. 2i ]-:-, . , ,. ,_ L” . r t, ',�� . 4 11 � _.� . ,- -- , " "!"�'-%- :'' . . � - J' �rl_� � "', , �, " - - -- � � -- :,�,' t , I 11 -, , �:, I I . l,,-� !�', - ,"t - I I r I .", , . . . I " t .��, - I .. . I - " f -:,::1;1,." -, , - - - - . , � - . I I � I �,- -- L � ._!,� �"��`._;.,�,,,,,,,.;, � . I _- , - .j4 .- ;, '.] I �1,;f""'4:..'� , ", NAGY' MEYER 'and 'CAROL" shall''-;hereinafter''_-,,�; f�- i1% - " - Rr,� (;.!I CAROL"'11, )', (JOAN, ,STEPHEN ,, ..", � �j`;.` ":��f� `,. - � _ _�-,' __ 71 ,, - ;., ",-I - , ,.�_t'-K-_9L � - . - 1� : I ,,��L,�,, -1 , ,� . � . . . . - . " , I - , - - - - - I�f�,' � , , . , I. , , �.� t, � ! 11 ). ", -1-1, - � _� , - - _,�', ., ''I �:be refer h' ' ' , 'I ,,-,:, - red',,to.'.. as mv � '!Children,,!_-' and- individuallv' as,-,,_mVf:.,,11 ild, .� �1:1 I-' � - r . -, ,�,_ �, ,,.,, r �� C - I , �, .11 . � � , , _ ,�; ,� " • 7, , �'. . , , ,", - , ,�--� L ' e,.-. -1,t, �,, �i 11 z , , "'. � - I - . ,,,.�, ,�,,,',,,,�,,-!,,,,,.-,�,r,�-�.,,..,', � - 11 - .. ,, , �, , -'� T '. , 7,,,.,� . ,,, - 1 " _� ;_� , ", , . :, , ,- :, � -, � .,,,Kl�,' _,J, I . - `,`�� , 11 �- I il ,, * I .. .... :��.�, " �t� � �r�` , 9'1,�,"'�r�,%�,B: ,,,-. I -. , :,. f., ,i-,' .,,, . , '': " , . -1 " . . . " - '. I - t, ,�� ��,� .,�, ,,� _,j _ , , : � , !� .�� ,, ��,, . , - � ': ", ,�:�, - ' - '. r.,, .. �. , , ; � I 1 , , . , � �,-1.,�. . . , � . ,�-, I— j; _,, .- I - ,�, � " 1, � I ,z . . 1, . _, _ ,_ , 'r '_ '. , - - � I � , , , . I ', " '. " �"tf� , " , ': " ', 7 - :1'."" '_ ,r' "I" , - , " "'., t tl�� r . , 't; � - � - _'�-_ :, , " , �, " 1� , f ,1v , ! k,' ; fl , '', - " � , - , i I J F1 I , I �� ,, � " � , " " , ,.�, �. , - . ,. - � , � ";�.,l_,� �'.,,-,. ��":-,, ,�, , , ,� I 11 :_ '. - ' - ` , , , . , . , , - , , 1 4 - "�j ,�, , . , � ,� r I P, . , � 1. I , L .. , , :"" I , , - I - _�_ - I - I I �i ,, ,.! �,�' ► I - . . - , : : , ri .p;� _ - I , , � � , . � � , - , " , , , , - , , , , " t,- , , � .�, '� 1 , . �'-, � � , - , I � " , " ; " ", � , , � ,t , . , :. - , , ,,, , . � I � , , - ��, I -1 . , : � L . � - ,� � L � � � '. " - - ' - ' � , " , ,��,,: � , . , - � - "t �,,�� .� � . � : � , . _� - iii", - - ;, N , , I;- , , .'� - ,: , . , . ", . . , ; � I � -1 1'�, . ., , , - . . _, '�' ' � '"7,�k , �,��ttt-�, � f _ - 1$ , - " I , � . . � - - , : , . , , , ., � , , . � � , - �, - , - , 4 . � '. , Ill - , . " .- , - . , " � _ , � , �, , '. " . . - , - - - -,,�, -, _'. �_ � , - ... _� , , - -, " , - '. " - , �41t � , ,* � , - , . 1. - , � � . - �� - ." - - � , , � _ ... � , , — , - . , , •v r��� 'f �Y r i to be divided among them as they may mutually agree upon, or"all .to the survivors'or survivor'of them. If.my Children are.unable to mutually agree -upon a division of my tangible personal,,, property, my Executors shall.distribute said property among them, in.their sole and nonreviewable discretion, in as nearly equal - shares as -may be practicable, giving due regard to the personal preferences of my Children. •,THIRD:.. ,:. If ,ELEANOR -survives, ,me, . _all, ,of the;; remainder ,of -my estate,of whatever,kind.:or character,,wherever situated,,oz• over ,which" I have. any power of : appointment., - shall- .be:- divided into two'(2) parts,.one being designated as the.NAGY EXEMPTION PART and the other being designated as the NAGY MARITAL PART, each part to be determined in the following manner:`, A. The NAGY EXEMPTION PART shall'be distributed according to the.terms,•and conditions set. -:forth in, Article FOURTH'of this. Will, :.and, -shall consist,of a ..sum which' is, in the aggregate, equal to the exemption equivalent�,amount set-""". forth in Section 6018(a)(1').of; the -Internal Rev enue,Cod e:b:'.Y,; ("Code"),.adjusted as provided in Sections,6018(a):(3) and,,-, 60,18(a)(4),of the Code, and; adjusted,to account for, -an amount,.,. which,.after giving effect to the -state death Aax credit „ ' .otherwise -available to my.estate under Section.2011;of.the Code, will-not'.incur-.or:increase the,Federal estate'tax'or,incur.or ' increase -any state death taxes payable by my estate,'less the value of any property includable in my taxable estate (as defined in Section 2051 of the Code), and passing under Article SECOND of this Will or otherwise than under this Will, and for which no deduction is allowed as a charitable deduction or a marital deduction -under Section 2055 or 2056 of the Code, and adjusted to take into account charges against principal that are not allowed as deductions in computing my Federal estate tax. The final -2- W, � x t j,• .. A.'{'�''f,y :�w- lif4 N t f1A' ^>t°F•"J` - , - , . f<'4"''R;, T�^1.,,,SSew�.b7 -- - � t_4 ,r ie: •" i determinations in the Federal estate tax proceeding'relating to' ' my ,,'estate;•'whether .by ,agreement., compromise, litigation, or otherwise.,,:shall be binding .and controlling upon my.,•Executors, Trustees, -and. -beneficiaries � in '.computing the :amount.., of.. the NAGY ' EXEMPTION , PART ." • _ ` B. The NAGY MARITAL PART shall be the' balance of the remainder , of my,'estate after - firs.t deducting therefrom -the amount allocated :.to : the,• NAGY EXEMP.TION,- PART,:under Paragraph -A --of this Article.,THIRD,;and-shall:,',be distributed"',,-F,:,- according:to•'the -terms-- and', conditions set ; forth'JA', Article ;;FIFTH,° of this Will C. In no event shall. any-property,;,allocabed ` to the said NAGY. MARITAL PART consist 'of -any interest"which cannot qualify. for the marital deduction under•the,Federal''estate" s • `tax law, or ,consist _of assets •,which are not includable_in. myYr.. estate for "Federal estate tax' purposes . To, the . extent'`that ' other assets, qualifying for suchµ marital deduction,1are.,available, there , shall not be- allocated to the NAGY MARITAL PART assets 'which.may' - ,be -.subject to , both income -and -estate taxes and which may'f .be eligible for a credit or deduction.,' assets with respect .to_ which. a'. credit .for foreign taxes paid is. allowable under,, the'Code,.- United : States 'T �asury Bonds eligible. for redemption'at par in. f r payment. for -Federal estate taxes. r D. My Executors t may " satisfy .the, 'allocation to.---.the NAGY-EXEMPTION PART .or the NAGY: MARITAL :'PART:.wholly ;Jn -.. ,. l kind :,o r.' in , money . or. partly in .kind and_ partly in money. Moreover,., my..Executors may.use'date."o,f,;death'values'with.'respect to all property distributed in kind and •.allocated',ao ,the ;NAG Y,.:f_ '- s`'• 'EXEMPTION PART, as finally -determined in the Federal estate;'tax proceeding relating to, myestate, whether by, agreement, -3- �.R ' S compromise,.,,liti .,litigation, or otherwise,•but such,, rope g P P Y;".. distributed.{. in kind -,shall -'be selected -'in.- such.;manner as; :to -"have : - an, aggregate fair,market value •fairly -•representative:' of'',the:f appreciation or depreciation in the.value,:as of'the':date or, dates of distribution, of all assets -then available.,for;.. distribution. E. All estate,_ inheritance,-transfer,",'legacy or succession taxes which may be imposed with.respect-to my J estate or the transfer of an of the assets of m . y myestate- as'the', ' i' result of my death (excluding any tax imposed under Chapter 13 .of the Code or any -successor statute of like import),' shall, if ELEANOR survives me, be paid out oftheNAGY'EXEMPTION PART, and'-, i to the, extent such property; is insufficient,' said.taxes:shfall be {' paid .out of the property passing.in''accordance with" the i provisions of Article. SEVENTH. hereof,. if •applicable_..` None:"'of ° iE said! -taxes -shall be charged -to or:. -paid, from ,.:the `-.NAGY' MARITAL,' .;r .�:''- PART. If ELEANOR does not sur aid give :me., ,. said (,taxes shall' �be' pa. ' •` out 'of the remainder of:.my .estate;• without apport-ionment.-..,";:'4Any.<-:: ,.tax .which., shall be imposed under Chapter 13 of the- Code 'wi'ts " respect, to a direct skip, , a taxable termination or a .taxable distribution; as , such terms are defined -in Code" Section° -.2612,, or ;, .. any' successor s . -itute of like import, shall be charged to''.the „' .' • ' ,.P P Y nstitutin such "r.o ert ,codirect ski taxable to rminaton ®r' 9',p, , _ such'.taxable distribution. -:Any additional ,estate tax as < -described in Section 2032A of'the.-Code,, imposed with'respect.to", ' any property included in my gross :estate, , shall ."not:, -be:, charged""., against my general estate, unless- such, property,(a, ains-t: which ".-'do hereby. , specifically . charge such additional' : tax) ,- shallbe,- e.insufficient insufficientto satisfy the tax and'it is-conse entl char eable .� .. ,to' my estate as; a- matter of law, in which..event the -,balance:; of. - such additional estate tax shall be.paid from, the NAGY,EXEMPTION .i • ,,. way';; •._ _ , — ' .. At rs `. PAL2T, Article :SEVENTH, or the remainder of, my estate,; `whichev,er to` be the pursuant ,,to this Paragraph: E, of Article,-::... is. -taxes, ' THIRD.•,:.a. If_•any part of. my gross estate'` consists.':of, �the;value''Of property -included -in my gross .estate by: reason: of Code,Section`:.:'' l 2036' (relating to. transfers with a retained: life est,ate)4., or' :any successo-r t statute of like import, my, Executors - are, di-rected.`to recover from•the person receiving such property,-that'amount,.:if any, by which the death taxes,'.interes.t and'penalties are incurred or.increased as a result'of`the.inclusion.of such`-`,: property -in -my estate. To the, extent ` that my .,Executors .'are - ;+ unable to recover all or a portion of the taxes-referred',to in,°.. the• preceding . sentence, such unrecovered- taxes: shall, .:be, paid,- out s' of the NAGY EXEMPTION PART, Article SEVENTH, or the remainder of .yl estate, whichever is to bear the taxes pursuant to this my h E of Article THIRD. ' Paragraph " ,;3 i, give . the NAGY' EXEMPTION- PART' to -.mys '.Trustees FOURTH: ' named,-. IN TRUST,. -NEVERTHELESS,' for 'the #J" .-hereinafter• Children.:u on the following terms°and benefit: `of .ELEANOR and my P :,. cond itions .... v A. My Trustees shall h old , invest . and w reinvest: the principal, of such Trust,� shall collect' and.'receive= , I and shall a '-or` `apply,'' all of 'the:; net -income,=thereof. the income, pay 'intervals -intervals 'during her, lifetime• , at ,conv,enient toy ELEANOR ,' . . - .... less' :often than quarter -annually;. `° B. In addition to the aforementioned ` lMy_ rsh'all payments of 'net. income to, b e made to ELEANOR, wife have the ute• Sright during her lifetime`, a't 'any time '<upon .hereTl absol -` - . e :. of ,the to written request to the Trustees, receive•payment,out principal of.'.this Trust, 'of'`such amount or amounts:as'she''`shall desire, .not tosexceed, however, in the aggregate in'any one ' -5- taxable year:of _this Trust for-Federal,'income tax purposes•,`the greater of the sum of FIVE THOUSAND ($5,000.00) DOLLARS or. five (5%) percent of ,the -value of the principal of this',Trust;.as determined on the.last day of such taxable year, _-,Payment;of the amount requested by ELEANOR shall be -,made to her -within -thirty ..(3,0) -days after the receipt of•;such request,by the Trustees.' - ;This provision shall be noncumulative,'so that if ELEANOR shall. not exercise the right.to invade principal.'herein given to -her prior to the close -of the -taxable year of this Trust for Federal income tax purposes, or shall exercise such right in part-,,.,all:of her right or such unexercised part of such right to receive such payment with respect to said taxable year shall terminate and expire. C., In addition to the aforementioned payments of net income and principal to ELEANOR,.my.Trustees, shall payor apply so much of the principal of this .Trust to or- for-thebenefit`of ELEANOR as my said Trustees, in their sole and nonreviewable discretion, shall determine to be required,'.forYher - health, education, support or maintenance according,to..the standard -of living ,to' which she is accustomed at::the, time .��of- my_ death, or 'because of any illness, operation,* infirmity, or other. medical expenses she may incur until her death. -,.. . D. 'In further addition to the'_aforementioned'.- payments,of,net.income and principal to ELEANORfromµthe,NAGY ,j EXEMPTION"PART,�the Trustees, at any time or times -that -they deem it'advisable, may pay or apply to or for the benefit,.of,the Children, until ELEANOR's death, such sum or sums out of the- . principal of the NAGY EXEMPTION PART (including the.whole thereof), as, the Trustees, in their sole,and nonreviewable discretion, shall deem advisable .to provide:_for the:; care-,:; maintenance,'support a�.d education (including, but not. limitedf,to tib. r-. p.. ,.u�•r'u�''"_ + _ , s z> undergraduate, .graduate, and postgraduate' education.) ''`of .-the , ,. :.them` ,ror Children,, as'.well:.as'for`any..expenses'incurred"by,:,ox; for , 1: ;; ,operation, infirmit,,::.:,_;:+::;;;;;`. any of them, 'because 'of any -illnessy. ; ,.; :. emergency,`or. for• 'such : other purposes, r. irrespective.,_of.,cause. ;;or::.:' need -,..,ass -the -':Trustees, :'in their,,, sole`and, nonre.viewable discretion,;. shall deem to -be in. the best .'interests' of. the.' Children.., In the exercise of.such,nonreviewable;discretion, the ' Trustees may, pay or apply principal oftheNAGY,".EXEMPTION PART'to t• " or' for the benefit of the {Children, _ equally or- unequally,_='or to or for the benefit of any one or more of them to.the exclusion•of the other.._ E.' Upon'the death' -of ELEANOR•.or:as:soon as ' .-,practicably convenient thereafter, -or upon my -death if. -ELEANOR. shall".have,predeceased me, the balance of the principal and`any undistributed income of the NAGY EXEMPTION PART and:the balance of the principal of the NAGY MARITAL PART, or the rest, residue andremairider of my estate, whichever the case may be, shall be. i divided into as many equal parts as there are Children then y surviving and Children then deceased leaving issue -.then.= ri ..'surviving,? and in respect of, said parts, my Executors -or Trustees r' are directed. 1. To pay over and distribute ,one (1,)' t.1 such a ual arts to the then surviving ..issue 'of each' deceased. '^.j .. Child,+'pe.r�stirpes, according ,to the•terms and conditions set,'f `1j • lit• - forth "in' Article EIGHTH. ' rv'ay ,2 . To p over and distribute one "1 of':.such `e qual_,,parts .to each ,of'my, Children,rwhoiare'alien- _ surviving; absolutely and outright 5 `iFIFTH: I give ''the .NAGY--MARITAL,PART-.to-ELEANOR, absolutely ;and :,outright, ,-if :°she ' shall,' be surviving' ;upon,°my ::_death. ; +yer`� SIXTH: If ELEANOR does`not-survive me,.then,all of the rest,. residue and•.remainder of my estate of whatever -kind -.or character•;., wherever : situated , or . over which I, have -any;; power -"of ;appointment, , I give in : the ,same .manner and subject {':to- _the same .terms conditions and.limitations asset.forth in:Paragraph:E-of. Article FOURTH of this. Will. SEVENTH:.If, for any reason whatsoever,_ELEANOR'or the personal representative of her estate•decides to:and•.does;•make.a qualified disclaimer" - pursuant to the .Code., ,of 'her° .interes't in, ,any : amount or: any, portion of ,property. which, would-. otherwise' have ;passed under: the provisions of this =Will hereof,, -I: give and .bequeath that .amount or, that portion of such. property to 'my. Trustees hereinafter named, IN TRUST, NEVERTHELESS,-for.the following uses and purposes: A. My Trustees shall hold, invest and reinvest the principal of such Trust, shall collect and receive the income, and shall pay or apply•all of the net income thereof to ELEANOR during her lifetime, at convenient intervals, but not less often than quarter -annually. B. My Trustees shall pay or apply so..much of the principal of:this•Trust to ELEANOR for her benefit as -my -said s Trustees, in their sole and.nonreviewable discretion, shall determine to be required for her support or maintenance according to the standard of living to .which she -is accustomed at the time Of, my death,; as well as for any expenses incurred.by or for her, health�or: because .of any illness;' operation,':.infirmity;;or other• ' ..medical.emergency.incurred-by her -until her. -date of, -:death.. C. Upon ELEANOR's death, my Trustees shall hold, administer -and distribute the then principal.of'this Trust in accordance with the terms, conditions and limitations set forthin-Paragraph E of Article FOURTH hereof. v .. !ji�w_ ffl'.a ,. .r'�'.'�'�'•GFKx,./a.!'y i�it,t""1.,'Miq _ P. -14'vv', t•r D. With. respect to- any:_property,.passing _; under ,this-' Article ;SEVENTH, :, I:.direct my , Executors.:not, to, elect'; to have :the: same 'treated; as., qualified, terminable, interest`=property. ' forthe': purposes.:of qualifying: for,_''the':,marital deduction,..,'.:,, allowable, determining, the Feder.ral' ,estate,. tax upon;.,my, es,tate,.:. EIGHTH: Ifl any,beneficiary, other than my,.Children,'' shallt notry have attained the age of, twenty-five-(25) ;ryears at-the, ' time.he or she is entitled' 'to. receive -.a . final distribution :of, ,a. legacy .hereunder, such distribution.°shall be . postponed~,:.: a.ndsuch,', legacy shall be-retained IN TRUST by .my Trustees until ,such beneficiary attains the age `of' twenty-five ' (25 ): year's . Until.`` =, y `beneficiary such shall attain the a g y- ( e, of twenty one 21).Years, . my. Trustees, _at anytime or times that they` deem itf advisable,; may apply for the benefit of, such beneficiary,' or pay' `over' to;him or: her so much, all.or none of the -net income as'tmy :Trustees;:"in, their sole and nonreviewable discretion, shall.deem advisable to, provide-for the care, maintenance, support and education ,. (including, but not limited to, elementary,. secondary, undergraduate, graduate and postgraduate education)ofs'such : - .beneficiary, as well as for any expenses incurreds' by or for `him'` or her because of any illness, operation, infirmity-,,.-emergency or for such other purposes, irrespective of cause or `.need,, as,''my;' Trustees, in their sole andnonreviewable discret'ion,,`; shall ,.deem to be in the best interest of such beneficiary. :Any net'Income . not'so paid or applied during any accounting year `of the'Trust 4 for the benefit of such beneficary shall be accumulated'and,-:at` ' the end of such year, shall be added to and in all respects shall ' be treated as principal. From and, after the attainment ofthe' age of twenty-one (21) years by such,beneficiary`arduntil the ' :termination-.of the Trust created for the benefit of such. „., beneficiary, my Trustees shall pay •over to'such,beneficiary:all, -9- of the net income of such Trust,. at-convenient intervals,--but,-not less often than,quarter-annually. Until such;beneficiary,,shall, attain the age.,of ,twenty-five , (25) years, my Trustees,,;;at any,::; time,,or; times , that they .,deem , it.' advisable,, may ,apply for.. the,.; benefit,' of,, such beneficiary, or. pay, over to _him or -her;'. so.much,.-.'- •. all or none of. the principal" of .such Trust created fo'r:=such • beneficiary, as "my Trustees, ' in : their sole, and, nonreviewable ' discretion, . shall' deem, advisable 'to provide for , the care, ,maintenance,' support and educatioli'(including, but,"not limited" -'., to,'; ,elementary, secondar y, undergraduate, graduate postgraduate'..education) ,of .such beneficiary; .as-Swell as, for any; ;1 i - e rred '.illness ex nses 'incu.b or for'him or her because of an }illness,';- P. r Y. ._ any operation,-infirmity, emer ency, . or: for such' other purposes; _ 0 , irrespective of cause`or need'as my' "Trustees, in their"sole,and':' nonreviewable discretion, shall deem,to be=in:the,.best' interest,;: a{ of such . beneficiary . Upon .the attainment of .the.,, age. of; •,_`::.. ai6 ,1a • - twenty-five (25). years, by,such beneficiary,.,my.,Trustees..:;sh_ all;,pay, over and. distribute such= b.eneficiary'.,all..of-,the ,then. remaining:,. ,to principal of such Trust, created;- their benefit,- together with. ..°, q all undistributed income. If said beneficiar shall..die,before '(25 attaining the age of, twenty-five- ). years ':,or:,`before..:,receiving;,a final'.distribution_ of the, .Trust created -for-.,his or-..her': benefit „ . i r: { hereunder,' the principal. and .any., accumulated income- .of:,.•such -Trust- • shall devolve to the issue of-such beneficiary, per stirpes, subject' to the terms and conditions of - this Article EIGHTH; and .' in default of such issue, said principal'and accumulated.'income shall devolve to the surviving brothers and sisters-of.,_the1' deceased beneficiary and the issue of any deceased .. brothers .and N, sisters, per stirpes , subject to the ' terms and conditions :'of.. ,this ; Article EIGHTH. Anticipating the possibility of changed •conditions and•circumstances now unpredictable, nothing hereinbefore expressed in this Article shall'be-construed'to'--- prohibit my Trustees from distributing'all or part of the•Trust created for such"beneficiary prior to the time herein -.designated as shall, in the duly deliberated opinion•of my Trustees,'be in the best interests of such beneficiary, irrespective of'his-or. her attained age. NINTH:- Anything herein to the contrary notwithstanding, no Trust created hereunder shall continue beyond. twenty-one (21) years after" ,the death' of • the: lastF• to'. die=.of !my: beneficiaries, or of any of my descendants who were ;•hriyIng at' the time of .my: death; "and upon=.the ' expiration` of: such . per.iod7 all Trusts shall"terminate and the assets thereof shall -be" distributed outright.to 'those parties designated as the ultimate beneficiaries' of the Trusts"iri question'.-- -TENTH: uestion'.=-TENTH: A. If ELEANOR and I should die.in,a common accident,or disaster,'or.should`. .we both�die from any cause " whatsoever,`'under such circumstances that it cannot,be reasonably. determined whether or'not she shall have survived me,",'.it:"shall be' conclusively presumed that'she did,'iri fact, survive•me. Further, if ELEANOR shall survive• me, ' but die so soon" after°- the date of my'.death as to be deemed-ito' have predeceased ,me 'under'the laws of the state governing the administration of my,estate, she shall, nevertheless, be conclusively presumed to have survived me. B. If•any beneficiary or:beneficiaries .: (excluding ELEANOR) and I, or any other person upon whose death such beneficiary or beneficiaries would become entitled to receive property hereunder, should die in,a common accident'or disaster, or should die from any cause whatsoever, under such circumstances -so that it cannot be reasonably determined who -died first,"then all of the provisions of this Will shall take effect 817 -11- ,as...if such beneficiary or beneficiaries had, in, fact, predeceased me,.,or such. other,. person,, as the., case. may be. Further,,, if said, ,.beneficiary or,beneficiaries shall survive me,, but'die,so-soo I n.. after :the ,,date of.my deathasto beYdeemed to have predeceased me under .the `laws of the state gov,e.rnin,g,,the,.admini.stration'of my estate„ he, _she:or,.they shall, -nevertheless, , be. conclusively I presumed to have predeceased me. ELEVENTH: -Payments of both. income 'and"principal 'shal1 be' made as directed under the terms of this Will and none'of-the" beneficiaries, shall have the right to alienate, anticipate 'pledge or,assign such income or'principal"payme'nts'with'ou-E:',- without'`; -first procuring written cons ent''o f'' my 'Trustees.' 'Any',-endeavQr,,by'',any"'."'-- such beneficiary to.circumvent "this direction in,any, ,shall. .manner 'be wholly disregarded by my Trustees; and shall benull and void.. TWELFTH:-, The gifts "in this, my Willj':.a re made .on 'the' 'the ra express condition,that,:none of beneficiaries shall" oppose o .contest the validity of this" Willinr' , any, -manne, Y -Any 'benefitiary.,' ho''contests'.the validity of this,' Will or in ss'isft any way a,... s;'in- such an automatically forfeit. whatever o,` shall automat gift! he wouldr have been entitled'to receive' under ,the terms,`' -of, -this'Will.. THIRTEENTH:' In addition to the other directions :herein: , contained -in my Will,, I grant. to my'Executors d. an 'Trustees' the y to -powers and authority in additlo' ;and' fol,;lowing privileges, n., b}•1", way of limitation of the powers providedunder ,."the'common 'law and. applicable statutes: A. To.holdand retain all .or` any,'part of :'my' estate ,ors, any, Trust herein created,in-the form In which such --,,,,,t.prqperty: may be at - the. -time of my death, or at-the'time of the receipt thereof by my Trustees my'Executors, as long as.they may deem advisable, and to sell, convert or exchange all or any part of such: property, for,'cash "or'.other property.,` Wand to invest: and reinvest -the proceeds'there-of, in'such securities and,:� properties as,they may-deem,advisable,,withoutregard.,to,lwhether suchf-securitiesror,properties�so,retained, taken, exchanged or purchased are authorized as legal: investments for fiduciaries, under the'laws of the State of New,jer-sey. Such investments may include life insurance on the life:or lives of any of'the beneficiaries and any persons in whom any of the ,beneficiaries may have an insurable interest;.provided, however, -that -ELEANOR,, while acting as a Trustee hereunder, shall have no incidents of ownership,.rights, powers or privileges whatsoever with respect to,life insurance policies purchased or acquired by the Trustees., notwithstanding any other provisions of this W , il,11,,to the contrary. B.To transfer,. sell,assign, exchange,,. partition, lease, mortgage, pledge,'hypothecate or otherwise:,. dispose of, any property, real or personal, a , t anytime 'held, by', them, at public or private sale or otherwise,, erwise,. for.,cas,h or .other consideration or on credit, and.upon such terms and.conditions,. with or without security, and,,for,such-.price as the y -in:,their sole�dis.cretion, may determine. C. To-borrow:money.'from any' person' firm or corporation, including any corporation'.'in which -mv 1 Trust... created hereunder holds'an-interest ,,either,•,6s:owner,'or-,,,as, creditor, and any.'corporation acting as, -an Executors',or-Trustees.r hereunder; -and to execute such obligations and'to secure,:the' payment,of such amounts by mortgage or pledge of any.pro t pe r , y 'included in my estate or any Trust created herein,upon such A terms-andl.conditions as they, in their sole discretion,, may. determine. 819 -13- rti rA a -iAr- ••t4n �4so• xz,t. a Vii. 'Y J. t' L Mf r :�N '� fid.•,"'a;y:. - - - - ,.' D. To make loans: ,in such .amounts,; .and'`, n - such terms and,.-"conditions, and to-such persons, firms.or' corporations as.rthey' may 'deem, advisable, provided .that such: loans•.,a,re, in ".the`. ; -interest:!-of 'the beneficiaries: of ,my., estate. .a• _ E. To manage an real ro ert held.-b them in 'such' manner; '.asthey may 'determine,,-..•and ,,to maintain.-,and' insure,,, all "real and personal property, ,,and,,to develop,., repair; remodel,,,,. . alter,,:build on, improve, 'rebuild .or reconstruct,,.any, or all"' property, :real or, personal,: and 'to :any and �every.:.extent,;:,:and `in.'',- :'- such'"manner, .as ,they, : in their" discretion, may, deem prop,er,' and .to' "expend whatever moneys are desirable and proper for_such;;purpose, and to determine in their sole discretion, whether the-costs:of: such' alterations, repairs or, improvements shall .be charged' wholly , , `.to-,,principal or'to.the income of said'trust, or partly to' " ,prin.cipal and partly to income., F. To enter,, into any;,,lease,.or .leases,, Without'application to any; court', ,:of any or all.:real, or .personal they., iin';their propupon such:termsand conditions.,as-.F discretion.may,,deem proper, 'irrespective of the terms:;-,of,:,said,", r Tease. and, the •fact, that the' 'lease may be .beyond. •the' .statuto.ry, period , • ,and to' renew and/or'. extend leases. to .amend',- change or s and' rovisions' of an leases�to': consent "to'.;the modify.,.the term p Y s e� and-,. assi nment of leases, to contract ,to make .leas options to lease and options to-'renew leases _ G. To vote in person or by proxy any_shares: of, stock . in my estate or any .Trust created herein; . t,o :participate in Ror to .consent to any recapitalization, .,reorganization':;°; `~r- dissolution,:liquidation,-merge, or any other.'.,action'jaffecting '" such shares of.'stock; and to,take such other, action-�.which.they' rnay, in their sole discretion, deem advisable .in ,connection:` with any,such shares of stock or any.such corporation. • s , f F { u 'y'',J;T�-S �,: •`Y•[.'. SaJ.'P.. :hi.'ii �.. ,V',.c.M^n;. „ ; . _ . . F'�„�j5.: - _)y, .:�"1 ��4�;,}YA.f'. _"P.it1 �. .yA".`•. - - _ .. i �'l "i' F7j g.'y9JIM ; H. To exercise, .any option,-ri"ght ::or- i .J privilege !to convert any, securities,,,or to subscribe..for." add_itional,, securities; to .make such:,conversions or ,subs.criptions, and to advance or. borrow money to. carry ..out•„.this .power. I. To cause any securities;or other ,property r e' held in"my estate.or any Trust created hereunder'to be;":registered- ' in 'their names ` or ' in the names . of nominees without"'disclosing'; the , Pf . fiduciary nature of such ownership,` or tostake andskeepsuchr"" property unregistered and in such form that it will pass,hy....` delivery. J. To `divide or distribute principal-in'k' or +in money or partly in each or. by way of undivided " interests, `: t { and'for such purposes, the valuations set by them',shall be conclusive and binding. In making distributions in kind,f'to make such''distributions in shares which may be composed'of different kinds of property and to allocate equal or unequal,, prorata.or non-prorata, interests in" specific :property to : such, shares; without-,regard to differences,-in tax:,bases,of•,.any.,such,property. K. To employ,'such brokers,banks® " custodians, investment counsellors`attorneys "and ,other`T'agents; and`�to,•delegate to'such agents for`'specified.,periods;�";such'of their 'duties; rights and powers; including. the right,to vote`'” shares'' of "stock held by them,' as,tthey may, xin their '"sole:` discretion, determine.' .. ._ L. To repay; extend, renew, modify, r compromise,, pr-forgive, upon such "terms and conditions � gas they,- may determine, any obligations or claim, either-' iri"` favor of 'or.p`` V against ;my estate or any Trust created hereunder., '"'This " authorization'�shall also specifically''include"payment,"'compromise. ::::,:'•! and settlement of all estate, ' inheritance,; ' transfer;.;,.' legacy , or", j succession "taxes, whether on,present or future interests. -15- .: i i M1.}r. :jlnl,�-.E�..,'j5� ;<.>" .I.Y�`1,�:l r;-':tl�^ •'.t •. • - - -. 1!ti'�'' r Ov r }"� ` •k�. (hr4i41 ,, "i.�i� _ 4:�:sfjji�:Mlk 1 - 1'.`+'s Yr�t•'.J t}t:�iGtw''lt � ' y .. M...':.x.To_hold; manage, invest and'administer.,' the ,separate ,Trusts created herein, ,,or. � any 'portion. thereof., In, one or:,:more .consolidated . fund,s, : as = they may, ' in' their sole •`.`_-. discretion, determine. For such purposes, division::;of',the funds into the shares need be made only.' on_ the Trustees' -.books ; of account, and in ,such books, each Trust shall be' allotted` its' proportionate part of the principal and income- of said consolidated fund, and charged with 'its. proportionate,part of'the `expenses thereof. „. N'. .To execute.and deliver-,agreements, assignments,, contracts, deeds,' powers of ; attorney,' andany', other instrument-in.writing necessary or,requisite.for the administration of my estate or any Trust created herein,,and no person, firm or corporation shall be obliged to:see to the application,of any money or property paid'or"delivered.to�any Executor or Trustee. .. O. To obtain insurance of any,:.kind,.nature or description whatsoever. on'any of the said:real property,.and in ,connection with its,,managenent,'.use.or operation and/or personal property used thereon or',therein,_and in respect.of,such ' ,rents, issues and profits arising`.therefrom to make, execute and -f filet proof or proofs of all loss or losses:`,sustained or - claimable thereunder, and all other instruments-in and about the same',."and -to. make, execute and deliver',receipts,p' releases,'..or ,other -discharges therefor,_under,seal or otherwise.' P. To extend,.-renew, replace:'or increase any ' .' mortgage or`mortgages now or hereafter-affecting any''of said-.real estate, and for any such purpose to sign' seal,'acknowledge'and deliver any ' and ' all bond ort bonds, and toexecute and.:"deliver °any` note ornotes, and any extension, renewal, consolidation or -16- .,,apportionment, agreement or agre.ements,,; or' any other. instrument., whether sealed or unsealed,,.that-may-,be useful.- or. ,,necessary,.:to accomplish. any, of Ysaid•purposes,. Q. To extend, the time for' payment of, any,._:, ' bond,: note or other. obli ation -and,°•mort a e ' includin "`mort a e g 9 9 9, 9.g participation certificates,_held by.my Executors and.Trustees,'.,or of. any principal'or installment -of principal, or_of,-interest'or: installment of interest, .and to hold any such bond,•.note•'or'other :. — e ,.gip ' i , ., 4i'.tom i;l• — ,1 , obligation and mortgage, including mortgage participation certificates,, after maturity as- past, due, :. and to . consent,�to.^'.the ' _ - ,ialteration ,and modification of. any :terms thereof, including 'the' waiver "of defaults. ' R.,T&' foreclose• any mortgage held -,.by -:,them,-.- , �or -to, compromise= or . settle claims thereunder,', and :to take.',.title ..to or manage the.property.or,any part thereof, either. -,temporarily or.'permanently, and in whole' -or partialsatisfaction of any., claim thereunder. to protect such property against,'or. redeem .'it ' from , - foreclosure for.'nonpayment of taxes, assessments.or.other liens, and to insure, maintain, protect' and. repair, such property.,-::,, S. As .to each Trust created in this Will, to exercise all the powers granted and -all -the duties `imposed herein ". until _such .time .after;• termination of; -that:. Trust'._- as ".the -property". . included, in,that Trust'has been fully distributed. _= ' T. Without in any way limiting.'the: powers -otherwise conferred' upon my Executors , . it is: my .`wish:; that: he - -otherwise distributions to'�the-beneficiaries'or Trustees under my ' Will as. may`.. be; ' safely . made ..from time -to ..time, ' ; } bear=ing• in -:.mind such changes, as may be required upon,: a' final_ determination- of the value,."of my estate: _ _17— - . _ U. To exercise generally, with respect, to -any andall -property, , real'or personal, -,held hereunder". all' -_rights V I., powers, -a. exercis nd'privileges 'that, may�'be lawfully ed" by. persons owning similar property in their own individual right.' V. To disclaim - all - or a portion` -of any bequests made'to me or to my estate.. W. To file .with, ELEANOR, or,. her.. Executor -,or,, , t administrator, a. joint, Federal: income-,, t.ax,re;,for he :year'In which my death occurs and -,for any previous _-year. ,for4which, a -return: .has. 'not'.'been filed, prior'. to _'my,,death,.-_: My -..Executors Fare directed to do so.if possible and such.filing,,,will result',ina lesser tax. My.Executors are also authorized to�consent:for-.qift- tax purposes to having gifts made by either,of us,,during,my life considered as made one-half by each of'us. My Executors.-, are -.. authorized to in full, as -a debt of -mine, any,tax shown on'. any: such return and any additional tax-and'interest,that may - be assessed as a result of the audit of any'such�retu'rn My.',. Executors shall not be liable to',any, beneficiary of this Will for reimbursement for any tax or,interest payable as a result, of carrying out the instructions of'Ahis paragraph. With respect to. the, tax' on generation -skipping ,transfers set forth in'. Chapter 13,.,, of the';.Code (the -."GST"), I hereby grant the following powers,to_my.Executors," and:Trustees: 1. The power.to'allocate.any,,pQrtion of, my,GST exemption, as set forth in Code Section 2631(a), -,as' amended, or any.successor-statute of -like import''not,allocated during my -lifetime, to.any property -with respect to whiclh_ I am-, treated as*the `transferor for,purp9ses of Chapter"', 1�3,-'oftheCode' including,- but not limited to,. any property -transfer�red,`by me. . P during my lifetime, at such time'and in such manner as set forth in Code Section 2632 or any successor statute,;of'like'import'and the regulations promulgated thereunder. . , 2 :The power .to. divide; proper-ty,, in. -"any Trust -,or. part.thereof being, held. hereunder,with� an :inclusions;; ,. " ratio, -.. as, -defined - in Code Section 2642 (a).,(1) , as -,amended; . of..' , neither , orie :(1) nor zero (0) ;;into ,two _ (,2) or,.,more:,,,pparate ,'I',rusts representing.: fractional shares -.of • the -,property' being - with;. one. (1.) or -more, of,. said shares, ,having - an,;inclusion- ratio' _-of zero,-:. (.0) and the other-. share or shares;.having, an., inclusion ratio of .:one. 3. -With respect to'my Trustees',`other` `5 than any -beneficiary, and with respect to all'or`anY Part of "the. principal of any such Trust -or part thereof being„held hereunder,, w:L'th ` respect to any Trust or part thereof ' which -may be ,subject,, to the GST under Chapter, 13 -of the, --,Code, by,,an instrument..filed,.with the Trust -records (.i) the . power, to.. create in: a, beneficiary, a';,. .. general power, -of appointment within.the,meaning,of.-Code.:Section 2041:,, as.;amended, that: may; dispose _`of, the ,property .,upon, the death of ,the, beneficiary;, provided,' however, that _the,: exercise_ of such, ” power of appointment shall require the consent. of myTrustees, other".than a: -beneficiary, if such consent requirement" shall'not . prevent the power from being treated as .a-general,,power of . e meaning of Code Section 2041; (ii) the.. appointment within th m g k .power to eliminate such power ofappointment for all -or any part _ of such principal as to which such power of appointment -is previously created, (iii) the, power to irrevocably.release the right to create or eliminate such power of appointment,..and�(iv) the power to divide the Trust principal into two (2.) _fractional ; .` shares based' upon the then portion of the Trust, that, would be . includable in the gross estate of the beneficiary holdj_ng such` -19- power if he or she died immediately ,,before such division,, (,in which case the, power -shall be over--the,entire principal of•,one (1.) , share and over no part of the other share) .and _ each? sucYr, .. _ share. shall be administered as a separate,Trus.t=unless my. Trustees, , other than any. beneficiary, ,shall in ;their;:.sole .discretion' thereafter combine such', separate Trust; -into ,..a.'"single Trust. :which they are hereby,,_authorized''to.do. In .,authorizing such,action,` it is my , hope, but" -Ido not direct, ,. ahat a..,general power will' be. kept in effect `when iny,.Trustees, .other than ' beneficiary, believe the inclusion of the property,:affected thereby in the beneficiary's � 'gross ' estate,_ may • achieve; a significant 'savings' .in transfer','taxes �by having,. an estate ::tax. .. ,rather -than': a Chapter 13 tax `.imposed.- on the 'property subj ect_to'. ..,thegeneral power, which may..also,` permit -agreater -use' of the,GST exemp,i under Code Section 2631(a) as amended,'of'-the. •beneficiary's•spouse_. beneficiary or ' Y. To merge the assets of any ' Trust ,,created : hereunder.:with any other Trust created by,me during,:;my„ lifetime, 'ELEANOR pursuant to her Will_ or, during her lifetime, which' contain substantially the same 'provisions „with regard_,to.- beneficiaries as are set forth herein. FOURTEENTH:' If the provisions`' of the Code and:'l any ;;o,ther applicable: law in force at the 'time of _ mydeath � and , applicable_,: to my•estate:permit my Executors to elect'to.claim certain' administration and other expenses as deductions,_'ei,ther in"the income `tax returns of my.estate or in any estate or transfer''tax return,'then I hereby authorize my 'Executors"to elect; to' claim; from time toutime, such expenses as deductions on'the.particular tax returns which, in my Executors'. opinion, should result in, the smallest combined taxes being paid,;irrespective"of whether°such expenses maybe -payable from income or principal. I give to,my -20- beneficiaries under this Will`the amount-of,principal, income .or any other property interest passing.to such•beneficiaries as .:a result'of�any election under this Article; and if.the:.amount.that e my'beneficiaries"would have received,,.had.there.been no -election;. is reduced by reason of the election made hereunder by;my 'Executors, such -beneficiaries s,hall.not be,entitled:,to,,.,any reimbursement or adjustment ., . - I . exonerate my , Executors .. from all liabilities'for any such election.and direct that.no.-beneficiary shall -have any claim -,against my Executors 'or: my.pstate•.by,'reason of" -the -exercise of my_,Executors', judgment in this respect.° 'FIFTEENTH: My": -.Trustees ,shall Aeep, records: -.'showing. all . receipts` of principal and income, .disbursements:, ; charges for commissions,`''and"all 'investments ,and; changes. of :investment's. These records shall be open .,at all reasonable ;times-, and • inspection by the various beneficiaries ;of - the Trusts .,.,o.r..,;their duly authorized representatives,;, shall•:,be :permi:tted,.-, ;; My :• ; Trustees,"upon request, but not'more,often'than.-once',a year,. shall -render to the beneficiaries, -or a duly.•authorized •,',,, representative of all of them, ' a .full statement. showiJng -'i -all'- ,': - r receipts; disbursements of income and principal,'Ohanges of investment, as well.as the status of the Trusts as of the, -time of rendering such statement. The written approval of,-such:.account', by,the,then living adult income beneficiaries shall.be final and binding upon all who.are then or who may thereafter become _entitled to any part of the assets, -as to all matters'and: transactions shown on the account. Anything to the contrary notwithstanding herein contained shall not preclude, my Trustees. from submitting an account to a court for settlement. My Trustees shall not be liable for any losses -resulting from any. action -taken by,them, pursuant to the,powers granted to my Trustees, so long as they act in,good faith. 627 -21- SIXTEENTH: Subject to my Executors complying:with.the`.- terms of any agreement which.I.may have executed concerning -the sale or other disposition of any,•business interest of'which I may die•possessed, I direct that,he in his uncontrolleddiscretion may either dispose of any business -interest of which:I!:may'die possessed, or may. operate and4 exercise gall -powers, with ,respect to the operation .of any such business An whatever.,manner my,-, Executors;.deems to be„in the best interest of my,estate and the beneficiaries herein named. SEVENTEENTH: In -the administration of any or all,.of the Trusts established hereunder, all stock dividends and''.. distributions of stock, stock splits, liquidating dividends, ;proceeds from the sale of nights, and all dividends payable in other than money shall be allocated to principal by.my-Trustees,, and..all cash dividends, ordinary or extraordinary, -except liquidating dividends and capital gains dividends from mutual . funds, shall be allocated to income by my Trustees. EIGHTEENTH: If. any beneficiary - herein named'. -.shall -be, a minor or shall be incompetent, my Executors and Trustees are hereby authorized -to make any distributions of income or .principal. to which such minor;;or; .incompetent =.beneficiary .may,'�be :entitled. -.directly to such beneficiary,- to the -.;.person .or.;persons..: :who,..have -the„care or custody�'of, -such beneficiary_,, to , the. custodian.for,such beneficiary under the New:.Jersey Uniform Transfers to Minor's Act or a comparable•statute:of,another:' jurisdiction or -,-to such,-beneficiary.,,s lawful or .natural -.guardian; or,my.Executors and Trustees may apply said distribution on' behalf,of..such beneficiary. -My Executors and Trustees,shall-not be,, required to -see to the .application of such distribution,,nor shall any guardian or other person -to whom such distribution is made be required to furnish bond or,other.security.. NOWAR-11 IW*a .NINETEENTH: A. I hereby appoint -ELEANOR to be'Executrix of this my Last Will and Trustee of,any and all Trusts created hereunder,'to do all,lawful,things"to carry out their terms, with all,those powers and subject'to,.all of the terms and.conditions. herein set forth. If ELEANOR shall predecease me or shall fail to qualify or having qualified shall die, resign or,become incapacitated during the administration of my estate or any .Trusts created hereunder, I hereby appoint.ELEANOR,'s "sister, DOROTHY TURNER.("DOROTHY"), as Executrix and Trustee, -to serve in. the place and stead of ELEANOR, with all those powers and subject t6 -,all -of the -terms and conditions set'forth herein. If DOROTHY shall not be then surviving or shall fail to qualify or having qualified shall die, resign or become'•incapacitated'during the` sadministration of my estate•'or any.'Trusts created hereunder, I "hereby'appoint'my friend, JOHN HEALY;''as Executor°'and Trustee, to serve in the place and stead of DOROTHY, with all, -those -powers and subject " to all of the terms and' conditions' set- .,forth' herein . B. No bond or other security'shall be required.of'my said Executrix, my Trustee and'her=successors,. in the faithful performance of their`duties. ,.TWENTIETH: It is -my intention that each Trust -created under ,the terms.of this Will, and to which shares of stock�in-an S_corporation.are.transferred, shall qualify as'a shareholder,.of an S corporation;_within the meaning of Code Section -1361 -,.or any successor statute of like import. Accordingly, I direct.that (i) no authorization or'direction or`other provision'contained`in".' this Will which would prevent any of -said Trusts from so qualifying shall apply to any of said Trusts,.'and (ii) any court :having jurisdiction over,this Will.' -shall . illshall• mandate`the'reform'of the terms and conditions of this instrument accordingly. In addition, if any of said Trusts shall.provide for separate shares -23- �� Y4 .Vx��kM`/i �� >•,? �P•' �r ' f 1 �r�,�'ti ti.'%4 �, �t'f� �',� 1e, R., j• . to be held for the individual beneficiaries thereof, then I direct that each of said shares„shall be held as separate trusts for the respective beneficiaries thereof, notwithstanding the: specific provisions applicable to any of said Trusts.;. Furthermore, I direct that, notwithstanding the specific,.; provisions applicable to any'of said -Trusts, the -Trustees -of any of said Trusts shall pay over all of the net'income of such:,Trust to the Trust's income beneficiary, at convenient-intervals,`but not less often than quarter -annually.. TWENTY-FIRST: Except in the case of the qualifying , disclaimer made by ELEANOR or her personal representative under the terms of Article SEVENTH, any successive qualified disclaimer made by ELEANOR or her personal representative, or any other qualified disclaimer made by another beneficiary or their personal representative under the terms of this Will, shall ` result in the property disclaimed passing under the terms of 'this Will as if the party disclaiming had predeceased me. TWENTY-SECOND : ' The , words "Executrix",;"Executor",:, `. "Executors" "Trustee” and "Trustees" -'as used�herein�:�shall�;be construed to -mean Executor., Executors, Executrix;.Executriceso• Trustee, ± Trustees and '-survivors: of -them and ; their.,.;successor ,.or successors ins office, and all such 'references ,thereto. shall ,be construed in the singular or.pluraland.in such gender as .:the sense and circumstances require. " TWENTY-THIRD: This Will shall'be'construed and its validity and effect, and -the rights hereunder of the beneficiaries,' Executor`and Trustees, shall at all times be determined in, accordance with the`laws of the State of New Jersey insofar,as they can be applied. [j-00 -24- 0 ACKNOWLEDGEMENT OF TESTATOR AND AFFIDAVITS OF WITNESSES I, RICHARD NAGY, the Testator named in the annexed Will, being'first duly sworn, do hereby declare to the undersigned', authority on the ;'�` day of -c , 1990,,that I executed the annexed instrument as my Last Will; that I executed its willingly, as my free and voluntary act :for' the' purposes therein expressed; and that at the time of said execution -I was eighteen (18) years of age or older,` of sound mind and under no constraint''or undue influence. RICHARD NAGY / �I^L.(and , II I� . �, ►r % the witnesses to the Last Will of RICHARD NAGY, being first duly sworn, do each hereby declare to the undersigned authority that RICHARD NAGY, Testator, executed the annexed instrument as his Last Will;'that he executed it willingly; and that'each of us stated in the presence and hearing of the Testator that we signed the Will as witnesses to the signing of the Testator, and that to the best.of our knowledge, the Testator is eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. hs 91 1 STATE OF rt; ,u ki- �e ) )SS: COUNTY OF Subscribed, sworn to and acknowledged before me by RICHARD NAGY, the Testator, and subscribed and sworn to before me by I ' and J-111 witnesses,,this �.• i I I�.:� day of 1990. l"tel LMRCIA A. CNINEY A Nowt' Public of uaw.fmw MY Commimlon Expires Fobruary 28.1995 7 IN WITNESS WHEREOF, I have hereunto set my hand and seal, y -this daof —,'Nineteen Hundred and Ninety. RICHARD NAGY The foregoing Will, consisting_of twenty-five -typewritten pages, inclusive of�tliis�'page,'was "SIGNED,'.SEALED,,' PUBLISHED and DECLARED by the said RICHARD -NAGY,'as'and 'for�'b.:I.s Last Will, in the presence of us, who were present at the same '.time,:and who, thereupon, at his request, in his.presence'and'in the presence of each other, have hereunto subscribed our names as witnesses. (47 of of )A luc TRANSCRIBED FROM POOR TAPE RECORDINGS - recording microphone was not operating correctly and was full of static, leaving most statements inaudible. Transcript of Public Hearing September 25, 1997 she l Southold Town Board of Appeals PCL3 OB J (Prepared by Lucy Farrell) PUBLIC HEARINGS: 6:45\P.M. - Appl. #4506 - E. MWLLIGAN ESTATE. CHAI AN GERARD P. GOE INGER : This is a request for a Variance under rticle IIIA, Section 100-30A.3 based upon the August 5, 1997 Notice f Disapproval iss ed by the Building Inspector regarding "as built" d ck addition, disa proved on the following grounds: "the deck addition as built" will e. eed the maximum allowable lot coverage of 20 percent, r 1500 square feet. The deck addition will increase the lot coverage t 1635 sq. ft or approximately 21.75 percent." Location of Property: 10 Third St eet, Laurel, N.Y.; Parcel ID No. 1000-126-7-11. Also known s Lot #72 on the Map of George I. Tuthill. I have a copy of the survey fated Jul 18, 1997, by Harry P. Hillebrand, indicating a wood deck u enclose on the rear of this dwelling, 10 feet 2 inches by 28 feet 4 in hes a d I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to be heard? J. KEVIN McLAt\OHLIN, ESQ.: Good evening. CHAIRMAN: M�.\McLaughlin, how are you tonight, Sir? MR. McLAUGH IN: Good, thank you, how are you? CHAIRMAN: Would %ou please state your name for the record. MR. McLAUGHLIN: Sure, Kevin McLaughlin, I'm an attorney here in Southold, n behalf the Estate of Lillian Mulligan. Basically,. it's a pretty str ight Board pplication. At some time approximately ten years ago, Mrs. _Mulligan deeded she wanted to put a deck on her house, had a neighb . r put the dec i on, obviously without any Building Permit and obviousl no CO has ben issued for a now we - completed actually the sale of his house to a ew owner subject to sometime the CO for the deck a. d whatever final rm it takes . The deck is directly behind the house. It's really, you an't see it from the street, the yard is most part f need in. If you to d me setback requirements is the only thing that i has a problem with is lot coverage the Notice of Disapproval shows the lot coverage to be about 21.75%. That was done without C, i TRANSCRIBED FROM POOR TAPE RECORDINGS - recording microphone was not operating correctly and was full of static, leaving most statements inaudible. Transcript of Public Hearing September 25, 1997 she l Southold Town Board of Appeals PCL3 OB J (Prepared by Lucy Farrell) PUBLIC HEARINGS: 6:45\P.M. - Appl. #4506 - E. MWLLIGAN ESTATE. CHAI AN GERARD P. GOE INGER : This is a request for a Variance under rticle IIIA, Section 100-30A.3 based upon the August 5, 1997 Notice f Disapproval iss ed by the Building Inspector regarding "as built" d ck addition, disa proved on the following grounds: "the deck addition as built" will e. eed the maximum allowable lot coverage of 20 percent, r 1500 square feet. The deck addition will increase the lot coverage t 1635 sq. ft or approximately 21.75 percent." Location of Property: 10 Third St eet, Laurel, N.Y.; Parcel ID No. 1000-126-7-11. Also known s Lot #72 on the Map of George I. Tuthill. I have a copy of the survey fated Jul 18, 1997, by Harry P. Hillebrand, indicating a wood deck u enclose on the rear of this dwelling, 10 feet 2 inches by 28 feet 4 in hes a d I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Who would like to be heard? J. KEVIN McLAt\OHLIN, ESQ.: Good evening. CHAIRMAN: M�.\McLaughlin, how are you tonight, Sir? MR. McLAUGH IN: Good, thank you, how are you? CHAIRMAN: Would %ou please state your name for the record. MR. McLAUGHLIN: Sure, Kevin McLaughlin, I'm an attorney here in Southold, n behalf the Estate of Lillian Mulligan. Basically,. it's a pretty str ight Board pplication. At some time approximately ten years ago, Mrs. _Mulligan deeded she wanted to put a deck on her house, had a neighb . r put the dec i on, obviously without any Building Permit and obviousl no CO has ben issued for a now we - completed actually the sale of his house to a ew owner subject to sometime the CO for the deck a. d whatever final rm it takes . The deck is directly behind the house. It's really, you an't see it from the street, the yard is most part f need in. If you to d me setback requirements is the only thing that i has a problem with is lot coverage the Notice of Disapproval shows the lot coverage to be about 21.75%. That was done without Page 13 - Transcrir, _ of Hearings September 25, 1997 - Board of Appeals ZBA PUBLIC HEARING SEPTEMBER 25, 1997 7:20 P.M. - Appl. No. 4501 - E. NAGY-(carryover from 8/28/97) CHAIRMAN GOEHRINGER: This is a carryover from 8/28. We have opened this hearing. We have discussed this to some degree, and some of the neighbors have spoken in the area and we ask Mrs. Moore if there's something she'd like to add for us? PATRICIA C. MOORE, ESQ: Yes. At the last - at opening of the last meeting, Mrs. Nagy was ill and we requested an adjournment. The comments from the new neighbors I understand, I'd like at this point since Mrs. Nagy. is here for her presentation, we're still - at the end of this presentation I understand you do not have the survey. I ordered it the day after the hearing that I found out that that is what you wanted, and it is not - before today. I asked if how much longer and -- he was not in (static) . You have a great deal of information in your file already. You have a single and separate search which identifies the ownership of the three parcels throughout its History. The lots were created in the 1950s in the Douglass Subdivision, and the relevancy pursuant to the Code, is he is at the point where the Dodson family which took title of the three lots by 1965, by March of 1965, that's it. Harold Dodson had taken title to one of the parcels. At that point, Dodson conveyed 25 feet of a lot 2 over to and it added to lot 1, with the house and he made which lot #1 reflects the house that is owned by Eleanor and Richard, or was owned by Eleanor and Richard Nagy, that lot was that parcel was acquired January 22, 1970. Lot 2 remained vacant and is owned by Richard Nagy who took title on October 1, 1971. The width of that lot was 77.52 feet which is what it is presently. And lot 3, which is also being questioned was purchased in the name of Eleanor Nagy and that too was taken the same date as lot 2, that was Octo- ber 1, 1971. That lot also had 77.52 feet of road frontage. These parcels were kept single and separate until Mr. Nagy became terminally ill. There was an extensive Estate Planning done. They were living in New Jersey at the time and ( ) , Mr. Nagy had just retired. He was en route to relocate to Southold and that's when he passed away. Right before that there was a great deal of Estate Planning. I have with me and I asked Mrs. Nagy if she had any objection to giving it to you, if you care to see it. It's the copy of Mr. Nagy's Will. It is approximately a 20 page document. It's one of the most complex Wills I've seen in a long time and that is the document together with the creation of the R & E Family Partnership, which ultimately the parcels were conveyed to that partnership. All three parcels were conveyed to that partnership which created the merger that we're dealing with today. Mrs. Nagy was under the impression that she had separate lots. She had chosen to combine lots 2 and 3 because in making the nicer lot sell and I have with me a copy of the last two years real estate taxes which listening to your prior hearing, the taxes on these Page 14 - Transcril— of Hearings September 25, 1997 - Board of Appeals parcels: the improved house has taxes of $3,982 a year. The smaller lot is taxed at $688.31. And the larger of the three, lot 3, is taxed at $983.30. So, the assessor's office had never dealt with whether or not they merged. Mrs. Nagy had no idea that the parcels had merged and it only became apparent when she took the parcels on the market and selling real estate had a prospective buyer, she spoke to me and we felt with the title dispute - and it became apparent at that point that the parcels had merged and the application submitted to you. I have the last two years taxes and I give that to you, I have the Business Certificate which shows that the partnership consisted of Richard Nagy and Eleanor Nagy and the three lots that were conveyed at the time were appraised in 1992 or at least as to the partnership value, at $300,000 for the house, the middle lot for $50,000 and the smaller lot for $_0, 000. So, she is choosing to divide those two, lots 2 and 3, and the value of that lot, the combined lot, has been advertised at $266,000. We were at a point, in fact, preparing- I had started a preparation of a contract, when it was interfered with by one of the neighbors, I believe, Mr. Rieger, who had come in and spoken last time, had cornered the prospective purchaser, convinced him that this parcel floods terribly and they withdrew their offer. So, I think they're letting bad interference with contractual relations through the press, this was one place where there was direct interference by the neighbor. Nonetheless, the parcel is still on the market. Mrs. Nagy gave me one today. I mean I haven't seen this one, but KapellReal Estate has a photograph of the lot, and has an advertisement. The lot is $266,000 as advertised. CHAIRMAN GOEHRINGER: So the date of death was approximately 1992? MRS. MOORE: The date of death was 1992, right? MRS. NAGY: Right. The lots MRS. MOORE: Yes. I'm sorry, what was it? MRS. NAGY: January of 1992. MRS. MOORE: Date of Death. STEPHEN NAGY (son) : No, that was 1995. MRS. NAGY: 95, January of 1995. MRS. MOORE: Oh, I'm sorry, 1995. CHAIRMAN GOEHRINGER : Thank you. MRS. MOORE: With regard to the standards that we have to establish. That the waiver will not result in a significant increase in the density in the neighborhood. The lots have been established since 1950. The subdivision is, as I say, the Douglass subdivision from 1950. Mrs. Page 15 - Transcri )f Hearings September 25, 1997 - Board of Appeals Nagyis putting together lot 2, lot 3. So, in fact, it will be an increase of one family. The parcel is, non parcel will be 132.57 in width and 200, on an average of 220 in length to Orient Harbor. Going to Mrs. Nagy's house parcel and this vacant lot are protected by a rock jetty, and we will show through the surveys that they are quite capable of being built on. In fact, there was no problem with advertising this lot, giving it to prospective purchaser, that purchaser was dealing with builders, and there was no question that this lot couldn't be built for him. You have a copy of the survey so I won't give that to you again. Whether the waiver should be - would recognize a lot that is consistent with the size of lots in the neighborhood. As I said, this will be the one remaining waterfront lot from this subdivision. All the others have been built upon. This lot is 30% larger than the other parcels. The parcels that come from the subdivision to the north which are ( ) by Douglass Harbor Road and King Street, ( ) approximately 100 feet wide but shorter distance 170, so I mean The waterfront parcel would be narrower and longer to the water and the internal lots would require you know square. But in size they were all comparable. If you go up Orient Harbor and you look at the area that is cut owned by the ( ) , ( ) it is owned by the ( ) , but up by Orient Harbor the lots are old subdivisions that were developed throughout time and those parcels began are, oh, 110 wide by 190 in depth ( ) . So, this concludes the lots in the area. If you like I can give you copies of the depths that I have and probably you have it in your file already. CHAIRMAN GOEHRINGER: We do. NIRS. MOORE: With regard to the economic hardship, copies from the advertisement as well as your own knowledge of the value of waterfront lots someone does not walk away from a $266,000 parcel. Mrs. Nagy and I will her tell the Board this fact, that she has expenses and those expenses are going to be covered by the sale of this lot. In order for her to continue to live in the house, she has had to consider in selling this parcel. . If it was not necessary to sell it, she would make an effort to keep it, but it is a continuous ( ) a lot is for her future needs and should be recognized and sold separate. With regard to the existing house, the house parcel is modest, it is centrally located on the property, as you were questioning the other application I a, we also have a lot that's wooded, that hasn't been used other "than for future use, for future sale. It is not one where the house has even been considered to straddle the property line. It - has been ( ) use of this property other than for future sale, as a separate lot. Finally, the natural details and character of the slope of the lot will not be significantly and the key word is significantly changed or alter to be changed or altered in any manner. All the houses that have been built on the Harbor, on Harbor Road and Orient Harbor, have been built on foundations. Mrs. Nagy's house has a heating, washing machine, all of the electrical, all of the appliances in her basement and I can put her here, and in fact, she will tell you that she has not experienced the Page 16 - Transcript of Hearings September 25, 1997 - Board of Appeals flooding that the Board ( ) , the inflammatory pictures that were presented by the neighbor last time. That will again, be shown by the ( ) and I have also contacted ( ) of Southold and faxed him a copy of the survey, a copy of the petition in the merger, with regard to whether or not this lot is buildable and I will also ask him for the ( ) in the file. I know that you all know the lot is buildable, but you will need the expert opinion. Do you have any questions before I have Mrs. Nagy come up? CHAIRMAN GOEHRINGER: I don't think so. MRS. MOORE: Mrs. Nagy, please come up. CHAIRMAN GOEHRINGER: How do you do. MRS. MOORE: I thought we'd discuss, well let me start off with a why don't you explain to the Board what you, what your house has in the basement and what you've experienced personally the years that you own the house. MRS. NAGY: We ( ) We have excellent drinking water. In the basement I have, heating unit, I have a washer, dryer, the ( Y. Water comes up in the street and ( ) and backs up to Kings Street from Harbor Road. It never comes as far as my house because the people that have cars ( ) . One or two people that complain always bring all their cars up and park on our lot. So, the lots that I'm trying to sell and I need to sell that lot ( ) . It's a lovely lot. Given my age and on my family's name and I don't want to have to lose my house, I really do need to sell the lot. So, it seems that, I can't see any reason why ( ) . Water comes up in that lot maybe 10 feet, but it's down ( ) into ours as ( ) . It's ground water, it's not water from the Bay. The ground water ( ) . MRS. MOORE: Mrs. Nagy there were some photographs of this ( ) You and I ( ) this happen when we ( ) each other in the hallway, I looked, we looked in the file and I'd like to go over those photographs and put on the record what her position is with regard to those pictures. CHAIRMAN GOEHRINGER: Can I have just for the record, your son's name, Mrs. Nagy. MRS. NAGY: Sure. Steven. CHAIRMAN GOEHRINGER: Steven, OK, for the record, Steven Nagy. Thank you, sir. MRS. MOORE: The first photograph is, referred to as the October 1989, Harborview Road, which now is River Road. MRS. NAGY: And that's how it used to be in that road, but, our lot - Page 17 - Transcrip,. of Hearings September 25, 1997 - Board of Appeals STEVEN NAGY: Are you folks going to get the same photographs? CHAIRMAN GOEHRINGER : Those are our photographs. STEVEN NAGY: Let them look at the photographs and I can describe it. MRS. MOORE: No, you tell us, they no it, so, you just put it on the record. STEVEN NAGY: OK, you're looking down the end of Narrow Road, you're on Harbor Road. The lawn you see on the right side is the property that we're attempting to sell. Down further maybe another 100 feet on the right you have Rieger's property you can swim in. In fact you're looking at the spot where he parks his cars in. ( ) two cars ( ) right in front of the bottom right of this photograph and the water tends to come up the street far in this way. What you have there is we are the dome of the high dome ( ) , especially on the corner where there is property and what happens you get a big storm, rather than ( ) salt water coming over berms and down parking lot, the high point of Middle Ridge Road. So this, you get something like ( ) beach we had, water comes in the street two, four days, it's hydrostatic pressure, the amount of pressure. In fresh water, most part, you do have some salt water swooshing in from ( ) mostly fresh water ( ) while the pressure of the extra three or four feet of tide ( } the bay and that does occur, but again, it could well substantiate further down the street. CHAIRMAN GOEHRINGER : When you refer to the further down, you're referring to the easterly direction or the northerly ( ) STEVEN NAGY: Yes. MRS. NAGY: They build houses probably ( ) , but again, it goes down, it's ground water and they won't build there and they're all living there. MRS. MOORE : Here is another photograph of beach erosion in front of Harbor Road, October 1988. Harbor Road under water 316". MRS. NAGY: It's the same thing. I don't know where this is. STEVEN NAGY: I don't know where that picture was taken. MRS. NAGY: No, that's way down by Riverhead. I don't know where that is. STEVEN NAGY: I'm not sure. MRS. MOORE : On the back page is clumping on the beach, contaminated sand from town road dumped on Nagy property and Southold truck discharging oil soaked sand from roads into Nagy's. property in 1985. Page 18 - Transcrij _ Df Hearings September 25, 1997 - Board of Appeals NIRS. NAGY: Now, #1, there was half a truck load that the town assured us of being sand. That's the only thing that I've ever been involved. STEVEN NAGY: And you have a photograph of sand right there, so you can tell it's not oil. MRS. NAGY: No, there's no oil. The property ( ) . If there had been oil, you wouldn't have a slope on that property. As you can see by the picture there was a tree ( ) . CHAIRMAN GOEHRINGER: Great poison ivy too. MRS. NAGY: And as far as the debris - STEVEN NAGY: As far as the debris, I can speak about that. There is a large berm which is right in front of our house. When they purchased the property there was somewhat ( ) . There was somewhat the berms came down and ( ) , the 1970s was to slowly concrete and then he got some ( ) , I help him carry it for some 20 years. Some metals, slats, this, that and the other things. The ( ) and that stuff is all most part now singled in, the berm is built up and it's below ( ) , and that we put concrete blocks and stone ( ) , this whole bit and most of that is filled in now. We sought of create berm in front of the property which was ( ) here. MRS. MOORE: There's flood water on Allecia's property your. neighbor and you are Allecia- . MRS. NAGY: There's property that has been built up many, many, many ( ) . ( ) because if stands high above anything else ( ) and then there's pathway that belongs to everybody, right-of-way, that belongs to everybody and there's a little beach that has the right-of-way. They have worked coming into their garage the back which is the low part of it was not built in. ( ) STEVEN NAGY: They had to get some work done last year because the section ( ) down toward the end of Narrow Road. It gets lower, lower and lower. Rieger's house was built up on ( ) house. He built a ( ) 6 inch ( ) this past winter. He's had no problem at all this year. MRS. MOORE: I'll skip over the flooding in Rieger's garage because there's nothing that could be said about that. Flooding of DePane's Harbor Road, 1992, flooding of Nagy's property on beach side of Orient Bay. MRS. NAGY: That's the berm. STEVEN NAGY: This is just the beginning. That was that big ( ) where it came in. The water stayed in a few days there. Page 19 - TranscripL of Hearings September 25, 1997 - Board of Appeals MRS. MOORE: But that's not on her property. STEVEN NAGY: Well, it comes close to the property line. Middle Ridge is the property line. MRS. MOORE: Yes, but that's the beach. That's the beach. CHAIRMAN GOEHRINGER: Is there a date on that? MRS. MOORE: Yes, December 92. BOARD SECRETARY KOWALSKI: ( ) CHAIRMAN GOEHRINGER : Yes, I was just going to ask that. MRS. MOORE: August 21, 1997. This is the right-of-way. (Hearing recessed for continuation.) i I � A r APPLICANT THANSAC'TioNAI. mtsci.ostinK rom e 'Down of Southold's Code or Ethics prohibits con terest on the part of town officers and employees rpose of this form is to provide info rmat of n whit ert Lite town of possible conflicts of interest an to take whatever action is necessary to avoid sa an 11 ELEANOR NAGY YOl1R NAMIi: _ (Last- dame, first dame, middle initial, unless you are applying in the name of someone else or other en LiL•y, such as a company. If so, indicate the other person's or company's name.) NATURE OF AI'11[AWATl:oN: (Check all that apply.) Tax grievance Variance X Change of zone Approval of plat Exemption from plat or official mnp Other (If "Other," name the activity.) Do you personally (or through your company, spoune, sibling, parent, or child) ]cavo a relationship with nny officer or employee or the 'Town of Southold? "Relationship" includes by blood, marria4le, or lruninean interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership or (or employment by) a corporation in which the town officer or employee owns more than 5% of the rihares . . YBIS NO X If you answered "YES, ". complete the balance or this form and elate and sign where indicated. Name of person employed by the 'Town or Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (checic all thal; apply) i A) the owner of greater Lhan 5% of the shares or t•he corporate stock of the applicant (when the applicant is a corporation); D) the legal or beneficial owner or any interest in a ~� noncorporate entity (when the applicant Is not a corporation); C) an officer, director, partner, or employee or the applicant; or i)) the actual applicant. DESCRIPTION OF RELA,riONSIIII' 011hn110;ed tuts .2 clay of f 199 I r I nl; name PATRICIA C. MOORE Notary Public, State of New York Suffolk County - No. 4861668 Commission Expires June 16, .c2t O9:10 FAX 201 535 1878 Business CetYificate for .partners KE;KIN & BTEC PC The undersigned do hereby certify that they are _ conducting or transacting business as members of a partnership under the name or designation of R & E NAGY FAMILY PA.RTNERSEUP at RFD #1, Box SS, Orient, in the County of Suffolk, State of New York, and do further certify that the ,full naives of all persons conducting or transacting such partnership including the full names of al!, the partners',with the residence address of each such person, and the age of any who may be infants, are as follows: NAME RESIDENCE Richard Nagy 283 Watchung Avenue, Bloomfield, New Jersey Eleanor Nagy 283 Watchung Avenue, Bloomfield, New Jersey WE DO FURTHER CIR'1UFY that we are the successors in interest to the person or persons heretofore using such name or names to carry on or conduct or transact business. IN WITNESS WHEREOF, we. have this �Y day of 13 ';� 2 -made and signed this certificate. Richard Nagy Eleanor Nagy -7 04/97 09: ] 0 FAX 201 535 1878 KUKIN & B11E,G PC The undersigned, Richard Nagy and Eleanor Nagy, hereby ,-transfer the following properties-to.the R & E Nagy Family Partnership which they: (1) Lot No. 3092 Orient, New York owned by Richard' Nagy and Eleanor Nagy valued at $300,000. (2), Lot No. 3094 Orient, New York owned by'Eleanor Nagy valued at $150,000. (3) Lot No. 3093 owned by Richa rd.Nagy valued at $120,000. Richard Nagy will have a 47.2% interest in the partnership and Eleanor will have a 52.8% interest upon the execution of this"partnership agreement. WITNESS: RICHARD NAGY DATED: October 1992 ELEANOR,NAGY x,/04/97 09:10 FAX 201 535 1878 KilKiN & BIEG PC lih04.' r 3720 — ASSIGNMENT, GENERAL DGR ST -1 COPYRIGHTO 1982 by ALL -STATE LEGAL SUPPLY CO. 1 Ind, or Corp. ---Plain Language One Commerce Drive, Cranford, NJ. 07018 Amb U This, Assignment is made on October �'� 19,-92 , BETWEEN the Assignor(s) Richard Nagy referred'to as "I",: Ai!'NDj the .Assignee,(s) Eleanor Nagy, referred to as "You"., If more than one person„makes this Assignment, the word "I",shall mean "We" L. Assignment:!.'.,I'own the 'property'described;below (referred 'to as they”property").I, now` transfer, ownership , r Of.ihe property to -you. I'liave been paid a1'. 00;.;•' for making this Assignment; 2. ' Property.. The property which l,,now assign to ,you consists ,of ;all my right, title and interest in'and to the following: :.. A gift of a 22.2% interestr'in the R &'E Nagy Family; Partnership {... .5FZi','ii STATE OF NEW JERSEY, COUNTY OF SS.: I CERTIFY" that on 19 , personally came before the and this person acknowledged under oath;'to my satisfaction. that: (a) this person is the secretary of the corporation named in this document; (b) this person is the attesting witness to the signing of this; document by the proper corporate officer who is Volume 4 Number 8—Say you saw it rme Guide of Eastern Long Island -19 L �L S GREENPORT VILLAGE BAYFRONT ESTATE 1.1860 Traditional 6BR home impeccably restored with all amenities on 2.3 acres. 300' sandy beach on the open bay and 500' on beautiful protected Widow's Hole. Spectacular views of Greenport Harbor and Dering Harbor on Shelter Island. Walk to all that Greenpon has to offer. First offering. $975,000. PECONIC SOUNDFRONT This unique summer cottage and 3 intimate guest cottages perched atop a high and stable bluff on 2.7 acres facing the setting sun. A rare gentle path leads to 300' of extraordinary beach. This property offers absolute privacy 1 mile from the nearest public street. First offering of one of the finest sound - front sites on the North Fork. $495,000. ORIENT SOUNDFRONT Superbly constructed and exquisitely designed Contemporary four bedroom, five bath on 3.2 acres of absolute privacy. A gentle path leads to nearly 400 feet of beachfront on a uniquely private Sound cove screened by two sets of huge boulders. Amenities include surrounding fust and second floor decks, gourmet kitchen with the finest fixtures, large living room with fireplace, master bedroom with fireplace and a studio. Exclusive first offering. $1,550,000. ORIENT OPEN BAYFRONT A rare 27,000 square foot wooded building lot with 125' sandy beachfront on Orient Harbor facing southwest. Large cedars provide good privacy in quiet area. First offering of perhaps the best bayfront lot in Orient. $266,000. GREENPORT (unincorporated) SOUTHOLD WOODED RETREAT Newly built 3 BR, two bath Victorian style with finished basement, large 3,000 daffodils adorn this Japanese style 2BR contemporary totally secluded country kitchen and rear deck on large fenced lot in quiet neighborhood. on a half acre near Long Island Sound beach with swimming pool, decks Exceptional family home near school, beach and stores. $142,000. and extraordinary lush gardens. $239,000. - 400 FRONT STREET Exclusive Affiliate of Soo heby's International Realty GREENPORT, N.Y. P.O. BOX 463 516-477-0100 11944 1� 20—Say you saw it in Home Guide of rn Long Island—Volume 4 Number 8 Fine Country Homes, Waterfront Properties, Farms, Building Lots & Rentals from A9uebogue to Orient Point Pretty year round new bath, new he; 1, u i unu"Ur. -way, Large Living room, sunny Kitchen, stem, shy acre, Bike to Beach. $139,000. EAST MARION BAYFRONT Young, 3 bedroom, 2 bath, bright and airy, new bulkheading and creat sandv beach on Orient Harbor. Asking $399,000. LAUREL Adorable Country Cottage, 3 Bedroom, new kitchen, walk to beach, Low taxe enclosed porch, $129,000. NASSAU POINT New Victorian Farmhouse, 4 bedroom, 2.5 baths, fireplace, formal dinine room, iacuzzi, central air, deck, Bike to beach. $289,000. CUTCHOGUE Custom Saltbox features fireplace, screened porch, deck, winter waterviews, perennial gardens on secluded shy acre. $185,000. SOUTHOLD WATERVIEW Renovated, Bright & Cheery 3 bedroom in "Fire Island Setting" wrap deck, steps to beach. Asking $139,000. EAST MARION EXCLUSIVE YEUCIMU HED & 1SICEAMAN]. Reduced- $19,000 for quick sale! Large 4 bedroom Victorian with Circa 1870, fine original features, 6 bedrooms, 3 baths, 3 fireplaces, garage and separate guest cottage. $120,000. porches, barn, one acre +. $265,000. MAIN ROAD & PEQUASH AVENUE CUTCHOGUE, NEW YORK 11935 (.551L 6) 734-5000 � 's ,..%�. qhs i {• F EAST MARION EXCLUSIVE YEUCIMU HED & 1SICEAMAN]. Reduced- $19,000 for quick sale! Large 4 bedroom Victorian with Circa 1870, fine original features, 6 bedrooms, 3 baths, 3 fireplaces, garage and separate guest cottage. $120,000. porches, barn, one acre +. $265,000. MAIN ROAD & PEQUASH AVENUE CUTCHOGUE, NEW YORK 11935 (.551L 6) 734-5000 lyl Rl I Yl'%l B., QUINTAI%lff-) VON ' 64 1164:3 c. TAX RECEIVEI:-,' BILL NUMBERN'003111 wl IST HALF TAX 2ND HAWAT(Wv� 0 T H E �,AQOTAI TAX 1.991.18.. 0 AS0 IA' 1::'(.'iY(:)R a NAGY, ELEANOR I::- 1METH'SQ'SYMENTa CHECK BATCH IDn 96MBU193 1:1. —wc)TAL OF PAYMENTa 1. 991 U.", PAYMENT* DESCRIPTIONs DATE* TAXES PAID PENALTY PAID R/0' R/,'.*.,''. HALF 5/19/97 1.991.18 0.00 .0.00 0. 00 MARILYN B. MUINTANA 5/19/97 TAX RECEIVEI:-,' 6 1%1 IDA T. ra.. p I I.- MY W22 BILL NUMBERn 003112 Stjll',Bi"41 2 8460":. .11 TP, X AW" IST HALF TAX 2ND HALW - " 'y�' Q OTHER TOT( 34405 W, 0.00 PAYORP NAGY ELEANOR QIET BATCH IDs 96MB0193 12 �OWTAL OF PAYMENTs :1.6 PAYMENT- DESCRIPTIONs DATE TAXES PAID PENALTY PAID R/O R/S) SECOND HALF 5/19/97 344.16 0.00 0.00 0.00 ,MARILYN W MUINTANA jbUMfkVPAfMMT,RECETPT5/19/97 QX RECEIVEil',' BILL NUMBERn 003113 swidt d9jej TAM MAP WU1YI1.4IRIIT.AA-3 .IST HALF TAX 21- D HALWTAf�, 491.65 4916pl& 0.00 PAYORs NAGY ELEANOR _.IYIETHOD, 0 F PAYMENU CHECR BATCH IDs 96M)+0193 13 TOTAL OF PAYMENTP 491.65 PAYMENT DESCRIPTIONP DATE TAXES PAID PENALTY PAID R/O R SECOND HALF .5/19/97 /491.65 0.00 0.00 0;00 _ c� ----- �� 4 1_+L �^-7 -7 � } ^ o /� � -> 0o ( / "y �� /, K' (�~^_�� ^/ /'/' /� \\ »�. �. �^���/~�^ 7��' ��,cr ��/ ' `�� ( � `"°" p~ sou '''"" . MARILYN B. QUINTANA �TF�'P T CE T 5/02/96 TAX RECEIVER DA 12:54 BILL NUMBER 003110 SWIS 8 ' :27' 4 1 : �.*/� u� �_, - `' � ` |� IST HALF TAX 2ND HALF �fAX'' T ' TAX`` /'�� 1,927.00 1,927.00 �', ,��,854,00, // 0.00 ` '! '` ` ' PAYOR: ELEANOR F. NAGY �^ �`` METHOD' OF PAYMENT: CHECK BATCH ID: 95MB0148 36 TOTAL OF PAYMENT: 1,927.00 PAYMENT DESCRIPTION: DATE TAXES PAID PENALTY PAID R/O R/S SECOND HALF 5/02/96 1,927.00 0.00 0.00 0.00 'MARILYN B. QUINTANA 'TAX RECEIVER BILL NUMBER: 003111 IST HALF TAX 333.06 ' �/ '''(QUOTI&PAYMENTAECEIPT k) SWIS. �473�89 ,TAXrMAp/N0MBERi27�f4-2 � 2ND HALFTAX'-^^ ' �TOTAL OTHER � ' 333.'06 �/�~ `-666.1-��`^ .~~ //' 0 - / '� -' ' PAYOR: ELEANOR F. NAGY METHOD OF PAYMENT: CHECK . . BATCH ID: 95MB0148 37 TOTAL OF PAYMENT: 333.06 PAYMENT DESCRIPTION: DATE TAXES PAID SECOND HALF 5/02/96 333.06 PENALTY PAID R/O 0.00 0.00 �TO�N'OF�SbUTHOLD B �` �-�U ,MARILYN S. QUINTANA \ ' � NTER!PAYMENTNECEIPT .' TAX RECEIVER QO OL / !` ' BILL NUMBER: 003112 SWIS� 473889 ` MAP' ' �27;�4-3 ' � '�/ ` 1ST HALF TAX 2ND HALF 'TAX' ' ~ '�' TOTAL`TAX �` / � OTHER ' ' 475.80 475_80 ,' ' .~- 951.60 0.00 `` . ' PAYOR: ELEANOR F. NAGY METHOD OF PAYMENT: CHECK BATCH ID: 95MB0148 39 0AYMENT ` DESCRIPTION: DATE TAXES PAID SECOND HALF 5/02/96 475.80 .. TOTAL OF PAYMENT: PENALTY PAID R/O 0.00 0.00 R/S 0.00 ' 5/02/96 � 12:55 , 475.80 R/S 0.00 APPEALS BOARD MEMBERS r Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermann MEMO ���og�FFO�,�cOG y� O 1 t/� Z BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 TO: Planning Board FROM: ZBA DATE: September 16, 1997 SUBJECT: New Applications for Planning Board Preliminary Comments Referred for preliminary comments are the following: Also, please furnish information with; regard to past Planning Board actions and conditions found of record, if any. Thank you. Southold Automotive (Tonyes Realty) 1000-61-4-23. HB 'Lone. Proposed addition (inspection station) . ZBA Hearing 9/25. tl�E. Nagy 1000-27-4-1, 2, 3 (lot waiver request for 2 & 3 as one lot) . Please let us know if there are any subdivisions or other prior P.B. actions of record. J. Melly. 1000-104-2-23 (lot waiver request) . Please let us know if there are any subdivisions or other prior P.B. actions of record. flay Harbor Club - Variance for employee housing, setbacks, and interpretation as to accessory uses. Possible Special Exception. (This hearing has been adjourned to October and the ZBA is awaiting more information with regard to proposed parking.) There is quite a bit of information in both the Tonyes Realty ZBA file and the Hay Harbor ZBA file in the .event you would like to compare our documentation with yours. Thank you. I September 15, 1997 1 REGULAR MAIL and FACSIMILE TRANSMISSION � Patricia C. Moore, Esq. P.O. Box 483 Mattituck, NY 11952 R Re: Eleanor Nagy - Waiver of Substandard Lot Creation and Merger Dear Mrs. Moore: This will confirm that the public hearing on your variance application will continue on Thursday, September 25, 1997 at 7:00 p -m. In the essence of saving time for public reviews prior to the 9/25 hearing, please forward an original and six duplicates of the contour map (existing land elevations) requested by the Board at its August 28, . 1997 meeting. Thank you. Very truly yours, Linda Kowalski, Clerk Board of Appeals cc: ZBA Members ............................................................................... TRANSMISSION RESULT REPORT ....................(SEP 15 '97 10:09AM).................. SOUL D TOWN HALL 516 765 1823 ................................. ................................................. :.................................................. .............................................. ( AUTO) ...................... DATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS, PAGES NO. SEP 15 10:09RM 2985664 00'46" OK S 01 010 qal�,_jt16p- F/i(-/9I -/t, P . A'/I& 0�. •...................•............J•u.................................••..N....1.....................1..........•..................1.•.•.•...............••I.....••...0...........•......... 1......................•... E)ECM >)REDUCTION S)STRNDRRD M)MEMORY C)CONFIDENTIRL #)BATCH D)DETAIL $)TRANSFER F)FINE P)POLLING ql Sept 1 1997 H.& F. Rieger 370 Harbor Rd Orient NY 11957 SLP 41y97 Mr. G. Goehringer. Chairman Southold Town Board of Appeals Town of Southold 53095 Main Rd Southold, NY Re: Petition by Nagy for un -merging of C.T. # lots 1000 27 -4 -1, 2 $ 3. Dear Mister Goehringer. I am herewith questioning the wisdom of separating the two small underzised lots from the main residence parcel for the following reasons: The un -merging would set a dangerous precedent. The low laying area is prone to periodic sea floodings. Contamination of the potable water table. Poor conditions for sceptic systems. Depreciation of property value. Sensitive zoning, underzised in R40, ( because of pre-existing houses) surrounded by R80 & R200, illustrated in prior submitted photo file. Since the Nagy Family have the intention to sell .their house, it would be no problem to sell the property as presently existing. Respectfully submitted H $ F. Rieger. F6 1 r d S . Act aa�,- Aa"Cl, /C y (p Za-w j - Ell C AUG 2,01997 Hanrolc� L crr -to Q o ro ! d ed A vC,va Dads -a^ rr) 0vYO! R • 57-23 3/ 3 /` s �c i r 6e17 %5 �� t Mr►v. C�D�.r+ �.crs �F �T SpO Sri vt r t w/ f io 1. 310- ONO X7.5-���j +4_,_. 'All IMcCaQ,W iill5on t 35 i 3 qsO P. Zol F? OUSE ti 14 yt5 iG14 L% i X Ucaaa! as � :ia� sen P5c3 W L. C'T t� 1 C i (a5 Lar Lr►itss: L),r, san �//-to l�CAl,vk 1,// j 71 L -7o a.4 P 42 A 3; 3, 5x 7- -- :1 q L,) , AUG 2 81997 k I6t3_ll F1 kU-.�1 W17, C", r.l.r. ,.. Vex It it T 4W4W#7 .Vide 1/tc' 18thlic'r„roll,( .,Jr Ilrc' /rr'I dull c,/' October „',•l,„•�• .tl. irr lel„, .1'illete'rrr llrrrrclrc(I (md fifty ” ,rlrrt r.t,rlrlilr,,l, ~ f3ct�.rc•St J-1'.'_:3 F. :- 07,LASS -nci LILLi:, i J. cL..:i7 i wi '�, .pus = , i ' ln„ at Crient in t lie Town of Southold, Suffolk Cuk:Ity /,err l y .,j 1 /tr /tr.�! h(irt, aild JtU;^_: FLEA"'moi = I?cCOLGAN residing; in the 111-11a�:e of Southolu, Suffolk County, ';c_)w yor t' 'l1iUuN�rth lira! tl/c'crrI ie3 „/'t/lr'/Irst !,ctrl, irr c�, j.sidrutioii o/ Ton, and burl, /rarl 00/100ths----------------------------------------- lull fill molle'l� of tilt' I'll it I'd Stutt,s, and other Looc: undValcuable consiida,lation PUN by Me y !!f t/rf' .YNr•om/ !part, (ll) lit'rc'lllt ,ir(mt MU/ rc'lf'uxc' rr/r(„ tlr, hurt y „j tile' xrc oml licrrl, herr hoi2's that certain lot � crrrcl'�'`•`r:irrr` %crrc'i'e'r, all plot, PiF ce or Purcel of lana sit described as follows:- uate at Ori ont in the Town of Southold, County o1' Suffolk and i. ute of 1l©;r York, b oundoc 31;G114'J11;U at a point on the southerly line, o1' harbor Rot:d private road) 401.04 feet northvio!sterly t,rotn tho corner to fur: ,r l by the in�erseetion of the :vesturly lino of Kinn S�reet, also ,.novin t,3 = 1100 ?ond Roc.d, With the southerly lino of said iiurL'or jjozcd, runrlitlC thelice in a general northwesterly direction u:td Lunerally patalla! { ti. - t:_o hiEh Crater lino of Orient harbor a list neo of 77.,"3 feet alolit; 3- id Harbor road to land of Nelson Dou;;las F.3tnte, thence alon,; last -::er_tioned in a southvresterli, direction 2,10 ±' • ! - hi it t'rc.tc: line of Oriont Harbor, r-,mn1n,, t1le:lcc itt a c:tl:ral L'uuth- e -- .�_ 1 lire ctiun ulon" the 1,1_ h ti;ater line of Oriont :i arbor 7J 17U='� r less, to other' land oc Jaraot Uou�las, rttnnirt� tllE,tico in a Lvner.z] northe.:_ terly di.--ection alonr; other lnnu of JfL".r ✓ucrr It 3 t -'-'e JUliIL' "_ P1' -cu .:y lfty .;nor,.. e.: ,iir �c lots 47, 7 Ia ,t 1'r co -'.eyed o the ,.,'s.erl• { , - - nc �� .. -�. S ..•��ct '1"_ . tc ',o be .:nn•,;r, ^us'�oses r� crS bed :nci t:le nr _'t ..e_. of t':e 1', . _ „ l,rlrt t ani'_ cea' ey Ouc:: private r," .U;:aT tC t11c 0',:;1 Of n L'vO3e L.£L ;nim it a pU_%llc ill avray. tr11Ct1C7n .'oad shall be conpletcd on or nefnre J1u1 -st I.P51. _.1 :e anc Is sub j�,ct to t:1:: -oil( ;inr -s trj c,t_rn; , col ition:� at.,ich shall run ',vitt: thei.- t nn one dwellin , shrill be erected on r uy to*, :+:.: shall ^vccss o- a onc-f,zrlil; ci.:ellint;. lm shall be eredted on any lot the cost of re,)rcduction -11 311r111 be les: than '.,7300 or, in nn- ,; nv ilt, co: t of _nn ,311a] 1 be nr, ,, 1.^. :1 thnn a co:1 L en .nl In O c .'lien :1 �IcPs nf' materials iui(i lanor a:l they ex' :jtcd on Au 1x:13 Ind speci.t'icrtlions tau:' b', ut>::u 1, L. .i ,,,r 1 t Dcu las$, develoner, and or his '.esi"nn�.ted agent. i ::::InL: shall be constructed within 30 feet of tine nronert-, line road (proposed) or vii trlin 25 feet of tyle property line on Street (proposed)Pond Ror'd or Kin- 3'rcpt. •' 1''.in�; shn-.11 be constructed within 10 feet of nny ,)roperty line other than referred to above on ani lot with fr'onta,;e ^nr Road and within 20 feet of an;, property bouncary line tFlnn previously r:entioned on an;; ether lot, in,ludin the boundary line on those lots located at the north s,6r-- of road. rlrly be part of tJnc dvrellinr, structure c_ ^e with not more than two rooms above. shall be completed on the exterior with ogler ttlan nev; 13, e;.clusivo of paint. '',71 n:ld/or animalo, other than the u^utll type ^i' :)ets, be kept on any lot. 's to be no manufacttzrinr- or sale of merchandise ri::i no 3 of any nature is to be carried on on t':e sac d shall be no asylum, hospital or boardinf; ho,ise. si:nll be no ,ion d fences -)r fences or hed -cs hlFhcr than 36% :-.list be no polution of trio water table. -':^11 be no outside toilets of an, nature. i C r� �Bti—�4W�rs Form A.JuuL, U* ELUMM Pto, INc., AW BLANK RUKLI.HERD Wurwy DOW Witb k1111 Owe"nt.., IndiTk1134, _ 71 BAOAGWAV Abdo 1 RgLTOK ST., N[W YORK J4 U.S.1.us � I5 �9 83 PALE Tbi5 3Jnbenture, Made the 22nd day of September nineteen hundred and fifty -f ive 36CMUn JAMES F. DOUGLASS, residing at Orient, Suffolk County, New Yorks and LILLIAN J . IXUGLASS, his wife, rusidinj,, at sar:.e 'plfjco, L ' ' pall y of the First part, WW HAROLD E. DADSON, residing at Tanglewood Lane, Sea Cliff, Long Isla_ b1'aw York, part y of the second part, that the party k0 first part, in consideration of - - - - - - - Twenty -tour Hundred and no/100 - - - - - - - - - -(62400,00) - Dollars, lawful money of the United States, paid by the part y of the second part do es hereby grant and release unto the part y of the second part, his heirs - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - and assigns forever, RU that tract or parcel of land, situate and being on Harbor Road, Orient, Town of Southold, Suffolk County, New York, bounded and descrit, as lollowst BEGINNING at a point on the southwesterly line of Harbor Road three hundred twenty-three and fifty-two hundredths (323.52) feet north westerly from the southwbst corner of the intersection of t, -,a northwest erly line of King Street also known as Hog Fond road and the southwest- erly line of Harbor Road being the northeasterly corner of the land herein described and extending thence along the southwesterly line of Harbor Road, in a n0z'thwec-*Crly direction seventy-seven and fifty-two hundredths (77.52) feet to lands of Jane E. McColgan; thence along said lands of Jane E. McColgan, in a southwesterly direction two hundred thirty-five (235) feet more or less, to the high water line of Orient bay; thence along the ordinary high water line of Orient finy ir; a easterly direction seventy -fine (79) feet more or less to other lana. of James F. Douglass; thence along said lands of James b', Douglass, in u I,RFk3983 pc)4 northeasterly direction two hundred thirty (230) feet more or less to Har- ' I bar Rond and the point or place of beginning. c� This conveyance is subject to the following restrictions: (1) Not more than one dwelling shall be erected on any plot and shall not be in excess of one family dwelling. i (2) No dwellin/ shall be erected on pan y plot, the cost of repro ,duction of which shall be less than $79500.00 or in any event cost of re- nroduction shall be not less than a cost equal in proportion based on priori of materials and labor as they existed on August 15th 1950 or plans and ;specifications may be submitted for approval to James J. Douglass, develo- ner and or his agent. i' (3) No building shall be constructed within thirty (30) feet of I the property line on Harbor Road, or within 25 feet of the property 4ine on Douglass Street, Hog Pond Road, or King Street. (4) No building shall be constructed within ten (10) feet of an i �pronerty line other than referred to above on any plot with frontage on Harbor Road and within twenty (20) feet of any property boundary line other than previously mentioned on any plotq including the north boundary line of those plots located at the north side of Harbor Road. (5) Garage may be part of the dwelling structure or may be Sep- arate structure with not more than two rooms above. (6) No building shall be completed on the exterior with other ' then new materials exclusive of paint. // i (7) No fowl and/or enimeis other than the usual type of house- { hold pets are to be kept on any plot. (8) There is to be no manufacturing or sale of merchandise and no business of any nature is to be carried on. (9) There shall be no asylum, hospital or boarding house. (10) There shall be no board fences or fences or hedges higher thnn thirty-six (36) inches. (11) There must be no pollution of the water table. (12) There shall be no outside toilets of any nature. i to said premises. i TO babt Anb tO fi0lb-the premises herein granted unto the part y of the second part, his heirs and assigns forever. �Rl�oUoh riForm. _ W.rntf D"d, llh Fall Cor.n.nt.. IndlYlda►l. 3 n Juuv9 / Kuw9eR4, 114C... LAW RIANK IWBlttHM 71 WROAO WAY ANO 1 Pa CTOR 9Y.. N2W YORK U.S.I.R.; hr,',4ofi�j ncF503 3fnbjt1.. n..,tiure,, -ade the f!_C��_ day of February nineteen hundred nd fifty -six �etbaeen JAME,, r'. UOUGLA:,; t m d LILLIAN J. DOTTGLASS, his wife, iTiin, at urient, S lffolk County, New�YJbrk part i e s of the first pan, nd 1W,10LD E. DAD50N, residin at Tanglewood Lane, Sea Cliff, n-, Islsa id, Now York part y of the second part, Witle!60t�, that the part les of the first part, in consideration of Ten and 00/100th 10.00) - - - - - - - - - - - - - - - --- - - - - - - - - - - Dollars, awful money of the United states, and other good and valuable considerations, paid by the part y of the second part hereby grant and release unto the part y of the second part, his heirs and assigns forever, AM that tract or parcel of land, situate and being on Harbor Road, lent, Town of Southold, County of Suffolk and State of New York, anded and described as follows: BEGINNING at a point on the south- ;terly line of Harbor Road, two hundred forty-six and no tenths (21+6.0) 3t northwesterly along said southwesterly line from Kin _)treet (also )wn as "Fiog Fond Road") and rrnnnin,-, along the northwesterly line of a ;ht of wa It described, S. 49 de.;. 32' 00" W. -two hundred 'teen (215) feet, more or less, to ordinary high water mark of Orient r; thence orthwesterly nlnnf, said high water mars., seventy-nine (79) 'St, more or less; trience along other land of the party of the second -t N. 49 de,-. 32' 00" E.-230 feet more or less to said :southwesterly ,e )f harbor Road; thence alon. said soutLwesterly line of Harbor Road, rj deF. 16' 1'i" E. -seventy-seven and fifty-two h.indredths (77.52) feet the Point of beginning. with a rirh'; of way from Harbor F•oad to Orient Bay, right of way bVinl; t,en (1P) f -et wide on its northeasterly end where Y I,r 77.90ma.— UK; 40 it adjoins said Harbor hoad and Fifty (50) i'det wiar: 1 erly end where it adjoins said Orient bay and the nort!.w,, g which is the southeasterly boundary of the premise:, huluIr.. described, This conveyance is subject to the full.awin,' r, . 1. Not more than one dwelling shall be erected on an;; f.. not be in excess of a one family dwelling. 2. No dwelling shall be erected on any plot, the cost ul'I of which shall be less than $7,500.00 or in any event c tion shall be not less than a cost equal in proportion b of materials and labor as they existed on August 15tt, 1"' and specifications may be submitted for approval to Jam,,. developer and or his agent. 3, ,tNo,,buil4ipg shall be conio ucted within thirty (?0) property line on Harbor hoadr within 25 feet of the on Douglass Streets Hog Pondad, orKing Street. 4. No building shall be constructed within. ten (10) feoL . property line other than referred to above on any plot with on Harbor Road and within twenty (20) feet of any propert, line other than previously mentioned on any plot, includir. boundary line of those plots located at the north side of'!., 5. Garage may he part of the dwelling structure or may r..: structure with not more than two rooms above. 6. No building shall be completed on the exterior with ut:., new materials exclusive of paint. 7. No fowl and/or animals other than the usual type of'!. are to be kept on any plot. 8. There is -to be -no- manufacturing or sale of porcharci: sc business of any nature is to be carried on. 9. There shall be no asylums 'hospital or boardinL, hu .�,u. 10. There shall be no board fences or fences or hedge..!,' J" thirty-six (36) inches. 11. There must be no pollution of the water table. 12. There shall be no outside toilets of any nature. MOgetber with the appurtenances and all the estate and rights of the part iNcs cit the w , to said premises. 90 babt WO tO fj00b the premises herein granted unto the part y of the second p,,rr, his heirs dn'f ,, ted G� c: Sundatd N. Y B.T. U. rotrn 8002 • 6.69.70M—Elupain and isle I)etd, with Covenant apcnt Grantor's Acts—Individual nt Corpote�igdeetj LIBEr, IIJJ,,� PACE 119 CONSULT YOUR LAWYER BEFORE sioNtNO THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYER! O THLS INDF.NI11=4 made the day of BETWEEN January , nineteen hundred and Seventy HAROLD E. DADSON, JR. and AUDRA f. DADSON, his wife, both residing at 30 Spruce Street, Roslyn Harbor, New York, party of the first part, and RICHARD NAGY and ELEANOR NAGY, his wife, both residing at 283 Watching Avenue, Blumfield, New Jersey, party of the second part, WrTNES rm that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being im t t at Orient, Town of Southold, Suffolk Countyl bounded and described as follows: New York Beginning at an iron pipe at the intersection of the southwesterly line of Harbor Road with the northweVrnning line of Douglass Streets from said point of be inninalong said south- westerly line of Harbor Road,.57o0" E. - 100.0ofee>;;��thence along land of the party of tht part, S. 49 32 00 W. 232.55 feet to ordinary high water mark of Orient Harbor; thence alongg said high water mark as measured by a tie line, N. 620 18' 20" W. - 103.13 feet to land of Latham; thence along said land of Latham, N 00 "32' 0011 E. - 242.0 feet to the point of beginning. Containing 22,714 square feet. BEING AND INTENDED to be the same premises conveyed by Harold E. Dadson to the party of the first part by deed dated March 31, 1965 recorded in Suffolk County Clerk's office in Liber 5723, page 153, as well as part of the premises conveyed by Harold E. Dadson to the party of the first part by deed dated March 311 1965 and recorded in the Suffolk County Clerk's Office in Liber 5723 page 157 and this conveyance Is subject to the restrictions set ti�orth therein In those degds. _ t�ahls���'tt�'x w dog �,,, E .1a.. .� .. J-, TOGETHER with call right, title and interest, if any, of the party of the first part in and to any streets and rnnds abutting the above described premises to the center lines thereof; TOGL'THER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. ANI) the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to he applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the ttatne for any other purpose. The avrd "party" shall be construed as if it read "parties" whenever the sense of this Indenture so tetltilres. iN Wi't'NESS WHEREM the party of the first part has duly executed this deed the day and year first above written, tit KSO4ca OP: 1447-1-1 .,� mmf - / �� i persoigaily`t�tiie�•�:r�e -�, ;�.t,i��,�,�,pAe :�- :;,,, r• ,�.. . Harold E. Doc#§aft, Jr. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged hat he executed the e. n P�" h ," D Tai, _n LTOr,'. 1R. . ' - Now Y Ss. IM STATS OF NEW YORK, COUNTY OF 11111 On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the , of the corporation described in and which executed the 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 corpora- tion, and that he signed h name thereto by like order, I J04r9afn anb *Ale ;Bttb W1I[I COVENANT AcA1Nst GRANIUR'S Acis TITLES �/ �r ,o TO STANDARD FORA/ OF N1W YORK IOARD OF TITU UNDIRWRITIRS Oisinbulod by THE TITLE GUARANTEE COMPANY 10 �,... �.1_-..Siff ice+ rf,. ..: � :.. .i, 7.• ra+ . Audra --Y Dadson. to me known to be the Individual described in And who executed the foregoing instrument, and acknowledged that she executed the same. I Ot�' d� fv G p^Li" 11 ❑ 6:hh tity . , Iwso 0i; L.•,. M1,Jiv1QIIit JQ STATE O/ NEW YORK, COUNTY OP set On the day of 19 before me per came the subscribing witness to the foregoing instrument, t�itit whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that lie knows ' to be the individual described in and who executed the foregoing instAss, nt; that he, said subscribing witness, was present anaw execute the same; and that he, said at the same time subscribed h name as witness thereto, SECTION BLOCK LOT COUNTY OR TOWN Pk' JAN 27 1910 Recorded At Request of The Title Guwruuec aBTURN BY MAIL TO; 0g0o 3 Zip No, 0 0 .I.RECOR��� A.�. Q� J AN 27 1970 LESTE-R M. ALBERTSON '^ Clark of Suffolk County t6 OXFS S' IRU 9 MUST DE TYPED OR PRINTED IN M, CK INK 0NI,j'rRIOR TO RECORDING OR VILIN(;. I I SUFFOLK COUN'ry CLERK ,-- -3,1055 1 3 12.01" AM I r 3 Serial 00 n) Certillc Ate 4 CJUt1fY 0 V Deed/ Mortgage Instrumeml Deed I Morittape Tax Stamp Recording f4ingslafflisl 4 LEES Page / Filing It" Mortgage Amt. llandling, 1. Basic Tax TP -.M4 L SONVNIA Notation Sub Total 1. -5211(Coun ly) S.1, Total Sec./Add.*A EA -5217 (Slate) TOT. AITG. TAX' ILP.T.S.A. Doul Town —Dud county Comm. of Ed. llrld for Apportlowporul Transfer Tax icy_AMdavit ..'stution Tai Cerfirsed Copy The properly cooed by this Mortrage, is or Hill be improved by a me or.lwn:. lttg. Copy SuS Total gamily dwounit only. YLS or NO Other GRAND TOTAL If NO, see approlorfate (as cl it3e on pace nu( Chip Intilrument. Itcal Prolictly'I'mi Senice Agency Verification 6 I—Title Company lorarmation VIM S diun I Block IQl 110(o 0 J. 7W occ i V.. %0A Is ipiany Nanse —it amber VVI. P, 41D OV: 7 Cash chreli I/ chtrRe I Parer It & It panic it s 7064 Olt: RECORD & RETURN TO (AIT)DUFAI 1 9 Suffolk I County Recording & Endorsement Tage.-.,:, ) I This page forms part Of file attached jd J, made by: (Deed, Morigage, cte.) I*he premises herein is si lunged it I SUFFOLK COUN 1rYj TO In the TOWN or 4, e-1,E%VVORK.' E In the VILLAGE: e or IIANILE,r or 12.01" AM I i Au1 DIXP lt3 TttIS tN.rEM1'111RE, made the dl day of BFMTEN RICHARD NAGY and ELEANOR NAGY, his wife, both residin; at 283 Watchung Avenue, Bloomfield. New Jersey parties of the first pan/grantors, and I R 4A E NAGY FAMILY PARTNERSHIP, having an address at 243 Watehung Avenue, Bloomfield, New Jersey party of the second part/grantee, WrmTssettt. that the party of the first Ilan, in consideration of Ten (S)0.001 Dollars and other , aluable consideration paid by the party of the second part, does hereby grant and release unto the prrty of the second pan, the heirs of succesmrs and assigns of the partv of the i second pan forever, ALt, that certain plot, piece or Marcel of land, with the buildings and improvements thereon erected, situate, lying and being at Orient, Town of Southold, Suffolk County, New York, bounded and described as follows: Beginning at an iron pipe at the intersection of the southwesterly line of Harbor Road with Lite northwesterly line of Douglass Street; (ruin slid point of heginninr nunning along said southwesterly line of Harbor Road South 57 degrees 16 minutes 10 seconds East 100.0 feel: thence along land of the Darty of the first part, South 49 degrees 32 minutes 00 seconds West 232.55 feet to ordinary high water marks of Orient Harbor, thence along said high water mark as measunxl by a lie line. North 62 degrt" 18 minutes 20 seconds West 103.13 fret to laud of Tatham; thence along said land of Latham, North 44 degrees 32 minutes 00 ttxonds Fast 242.0 feet to the point of beginning. Containing 22.714 stptarc feel. BEING ANT) INTENDED to be Ilse same oremises conveyed by HAROLD E. DADSON and AUDRA DADSON, his wife, to Ilk- panics of the first part by dmil dated January 22, 1570 and record in the Suffolk County Clerk's Office in Liber 6696, page 4114 and this conveyance is subject to the restrictions set forth therein ill those reeds. To cIE- tER ". ill) all right, title and interest. if any, of the party of the first pan in and to any streets and mads abutting tae above described premises to the center line ! •ereof; TOGETHER with the appurtenances and all the estate and rights of the party of the firs: ;tart in and to said premises: To IIAVF, AND '10 (TOLD the premises herein gnmel unto the party of the second part, the heirs or successor: and assigns of the party of the second part forever. = A,,rD flue party of the first part covenants that the party of the first part has not (lune or suffered anything whereby the mid premises have been encumberrd in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first pan will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for thy: ruryose: of paying the cost of the improvement and will apply the same first In the payment of the com of the umpmventcnt before using any part of the total of the same for any other purpose. The wont o' whenever thc sense of this indenture sr; shall be construed as if it reads 'parties" party requires. IN WITNESSWitmEoF, the pirly of the first pail has duly executed this deal the day and year first abiv;. written., 1.4 PRESENCE OF: Rich Nagy ? Eleanor Nagy i IS 11 ss: COUNTY or STATE OF NEiV qRt. 41 ------------ On tile day of CA,,-je J -T r Sfjl% bero; z me ncrsonally came Richard Nagy and Eleanor uals oescribed in and who i-xcculcd the foregoing Nagy, his wife,. to me known to be the individuals instrument, and 3c4nowl6dged that they executed the same. MAIM IWW rdn" IL IM BARGAIN %N1) S DFED WITH Co%-ENAqT AGAINST (;aA.VMR1s ACTS RICHARD NAGY and ELEANOR NAGY, his wife TO R & E NAGY FAMILY PARTNEOUIP Rrcord and Return W Kenn R. Biel!, Esq. Brach, Eichler, Rosenberg, Silver. Bemstein. Hammer & Gladstone, P.C. 101 Eisenhower Park -way Rowland, New Jersey 07068 A, (201)228-5700 DATA%TEMP\MAS\l974.1 usER 7024 ma 46 Standard N.Y.B.T.U. Form 8002-8-63—Hatyait. and Sale heed with Covenant a,ainst Grantor's Acis—individual or Corporation (sinsle sheat) CONSULT YOUR LaVNYIR WORN SIGNING THIS INSTRUMENT—THIS INSTRUMEW SHOULD aI 01D isv LAWY[RA ONLY. THIS INDENTURE, made the 1St day of Octo r nineteen hundied and seventy -cane BETWEEN t� HAROLD E. DAOSON, JR. and AUDRA Y. DADSON, his wife, both residing at 30 Spruce Street, Roslyn Harbor, New York, ` C pirty of the firat part, and 11 .RICHARD NAGY$ residing at 283 Watchung Avenue, B1turf1eld, New Jersey, t party of the second part, i Q► WfTNE,SSETH, that the party of the firstpart, in consideration of Tea Dollars and other valuable consideration o paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, r ' ALL that certain plot, piece or panel of land, with the buildings and improyments tltemn ar'ectai, Situate, lyingwAbeingidct x, at Orient in the Town of Southold, County of Suffolk, State of New York being more particularly bounded and described as follows$ BEGINNING at a point on the southerly side of Harbor Road distant 100 feet southeasterly from the corner formed by the intersection of the,southwes,terly side of Harbor Road with the southeasterly side of Douglass Street, which point is where the easterly line of land now or formerly of 0. R. Nagy intersects the said southerly side of Harbor Road1 RUNNING THENCE South 49 degrees 32 minutes West and along the'Easter1y'1ine of land now or formerly of 0. R. Nagy 232.55 feet to the ordinary high water mark of Orient Harbors RUNNING THENCE South 62 degrees 18 minutes 20 seconds east and along the ordinary high water mark of Orient Harbor 56x,78 feet to land now or formerly of 0. Richard Na9y1 RUNNING THENCE North 49 degrees 32 minutes East, 227.34 feet and along the land now or formerly of O. Richard Nagy, 227.34 feet to the southwesterly side of Harbor Roads RUNNING THENCE North 57 degrees 16 minutes 10 seconds West along the south- westerly side of Harbor Road 55.0 feet to the point or place of BEGINNING. The grantors herein are the same persons as the granteestherein In the deed dated March 31, 1965 and recorded April 2, 1965 In Liber 5723 cp 153, and deed dated March 31, 1965 and 'recorded April 2, 1965 in Liber 5723 cp 157, and also deed dated March 31, 1965 and recorded April 2, 1965 in Liber 5723 cp 1591 all of the aforesaid deeds being recorded in the Office of the Clerk of the County of Suffolk. TOGETHER with all right, title and interest, if any, of the party of the first part of in and to any streets and roads abutting the above-described premises to the center tins thereof I TOGETHLR with tate app,r'tw-- and all the estate and rights of the party of the first part in and to saidp , TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the �amc ssors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything wrhtreby the said premises have been encualbered in any way whatever. except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this coneys,= and wiU hold the right to reodve such aoosid- oration as a trust fund to be applied first for the purpose of paying the oast of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the &situ or any other purpose. The word "party" shall be construed as if it read "patties" whenever the sense of this indenture so nnuires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. 1 �% IN Ncaov: OZ � s HAROLD E. OADSOtct, JR. i 1 - St AUDRA' . QAD • i[)ER 7024 FAu 47 STATE OF NEW ToM COUNTY OT Nassau 33, STATE OF NEW VORK, COUNTY OP », On the t s t day of October 19 % 1. be are me On the day of 19 •, before me personally came Harold E. Dadson, Jr and personalty tome Audra Y. Diadson to me known to be the individual s described i andwho o me known to"bE )ffle iA'dividuil described in and who executed the foregoing Instrumetv and atknowledsed tha xecuted the foregoing instrurhent, and acknowledged that they executed the tame. cew executed the same. John Dalton, Jr. Notar,, Public,State of New York No. 30 59o5o4o Rualif ed in Nassau Com. a pirea Mar. 30,1972 STATE OF NEW TORIC, COUNTY Ort is# On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the, of the in and which executed the foregoing instrument; that, he knows the seal of aid corporation; that .the seal ,Axed to said instrument Is truth corporate seal ; thai it was so ' affixed by order of the bard'.of director's of mid cot'pbrn� tion, and that he signed h name thereto by like order. STATE OF MW TORI[, COUNTY of SS. rt�, rSLATE OF,.ii Ongo tAX iNEW YOF,K # n i� 41tt? _ _ po lois that's h6,'ifttid subs6h$ffig witness was., present and saw execute the saute; aria that he; said witness, at the satne time subscribed h name as witness thereto. :hrgatn ttnd #Alt I)tjfb WITH COVENANT AGAINST ,GRANTOR'S ACTS *ntLE No. HAROLD E. DADSON,'JR. and' AUDRA Y. DADSON' �ti6HAA D.,NAkY, 9rANbAAb FORM Op NEW YORK trOARD Ot TITIN UNMWRITlRI Uiet9*01tted by T/TLE rNSUiIANCE COMPANY A Aternher at TAC ContinMtel rntwrCnet CornA,rniet SECTION OT COUNTY' OX TOWNi`;G " ACi•.8 1971 ltCter&d'At tt.gre" at ArM►rieCn Title tnwre" Cempan, 1tlri'tJhN' nle mAiL Tri. 3, 7 a - /h /000/ or IX iayd0 ' t , C7 • 1 ♦ t t x.JO w . Iat Ct Q W W W W t^ti pp J tl i IN IN .c�s�..x.a:-�._.�._..,. .•.meq^� i�.:� t.. /r _ If o. Gamesomeness am , ...r— nu -rvnvn no 012INTsen iry nt..,wK INK ONLY PRIOR TO HFCORDING OR FILING. - I I SUFFOLK COUNTY CLERK 1 2 3-10,53 R7FMYED 3 35pn 116 6586 Upo j F -Sr'.. W, L F -l'" Number of ages J JUL UL 7 IM 7 1993 1nAt--8FEn TAUX Serial N ,x -1U?lTy Yv 1.y C7 Certificate 0 C-1 I Deed Mortgage Instrument Deed N10FIX2KC T- Stamp Recording I Filing Stamps •, 4 FEE5 Mortgage Aini. Page/ Filiag Fee Barc I &S llaudlinK 6 2. SONVIVIA' TP -504 Sub Total 52173. County) Sub Total Spec./Add. EA621, (State) To, r,. MT G. TAX R.P.T.S.A. 15 Dual ro,sR, Dual County held for Apporiloonleal comm. of Ed. • Transfer Tac Affi,!x% It 111,112sts',on TKx The prokrly covired by 0115 Mort Me Certliled Copy is or will be Improved by a one or t*o,.', Rcj� copy Sub Total family dwelling only.', - I I - YES or NO Other GRAND TOTAL If No. we appropriate w Clau".6" 0- 4 this instrument. As Real Properly T&% Service Agency Verincad"', 6. line com lnlnrmalioe, Dist — Section Block Lot -7 7- woo .00 co 100-�.o n It 4:70 ny Nan Title Number .. .... FEE PAID BY: 'her ge `> L? cask Check, Charge R & R P' Le� acme as 4�, ee 1ECORV & RcTuRN TO I JJEC(� 111 Suffolk County Recording & Endorsement Page.' .9 This page forms j)art of the attached F F' made by: -Mort9390, c1c.) The premisis herein is silualeif in SUFFOLK COUNTY,NrW YORK: TO In the TOWN or In the VILLAGE or HAMLET or L I I I 2'ED { This INDF.N mnF,. made the 1, day of (,906 be BF.T%'EF.N RICHARD NAGY, residing at 283 Watchung Avenue, Bloomfield, New Jersey ,. party of the first part/grantor, and " 1 .. R & E NAGY FAMILY PARTNERSHIP, having an address at 283 Watchung Avenue, Bloomfield, New Jersey party of the second pan/grantee, wIT-sFe,suni, that the party of the first part, in consideration of Ten (S10.(q Dollars and other valuable consideration paid by the party of the second part, docs hereby grant and release into the patty of the second part, the heirs of successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and impmvemcnts thereon erected. situate, lying and being at Orient, in the Town of Southold, County of Suffolk. State of New York, being more particularly bounded and descriheel as follows: BEGINNING at a point on the southerly side of Harbor Road distant 100 feet southeasterly fmm the corner fonncd by the intersection of tht sovthuesterly side of Harbor Road with the southeasterly side of Douglass Street, which r:oint is where the easterly lint of lane now or fornncrly of O. R. Nagy intersects the said southerly side of Harbor Road. RUNNING TIIF.NCE ng the Easterly line of land now or formerly of O. South 19 degrees 32 minutes West and alo R. Nagy 232.55 feet to the ordinary nigh water mark of Orient Harbor; RUNNING THENCE South 62 degrees IS minutes 20 seconds east and along the ordinary high water mark of Orient Harker 56.78 feet to land now or formerly of O. Richard Nagy; RUNNING THENCE North - 49 degrees 32 minutes East, 220 feet and along the land now or formerly of O. Richard Nagy, :•o the southwesterly side of Ha ifior Road; RUNNING 71iENCE North 57 degre 16 minutes 10 seconds West along the southwesterly side of Harbor Road 55.05 feet to dnc point of place of BEGINNING. %t0(7 tp-& BEING AND INTENDED to be the same premises conveyed by HAROLD F. D.ADSON, JR. -Wand AUDRA Y. DADSON, his wife, to the party of the first part by deed dated October 1. 1971 and recordccf in the Suffolk County Clerk's Office in Liber 7024, page 46. podoo� ToCt•:nlrp. with all right, title and interest, if any, of the party of the first liart in and to any streets and roads abutting the above described premises to the center line qte mt .- said with the appurtenances and all the estate and rights of the party of the first prt in a premises; To HAVE AND 'To HOLD the premises herein granted unto the party of the second par, the heirs or successors and assigns of the party of the second part forever. AND the party of the fimt part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first P31 1, in compliance with Section 13 of the Lier, 1-aw, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to rxeive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of thy- cost of thc. r_.r,... —ing any part of the total of the same for any other purpose. The word "Olt :,D "party" he consinred as if it reads "parties" whencvef the sense of this indenture So %t shall requires. INWITNESS WHEREOF. the oany of the first part has duty executed this deed the day and year first above written. IN PRESENCE OF: -- Richard Nagy � ''R•: �)F y STATE OF NEw Y*"(rc. COUNTY OF E=>`•'f�x s5: Iti day of �')be (, 19U t efore me personalty rime Riwianl Nagy, to me known On , the to be the individual descri:yxl in and who cxtxuted the foregoini, instrument, and acknowledged r that he executed the same. •�IYIur►I1Ma/tlwJaoN *,,Wo DOW ftbHWIT i BARGAIN k%M SALE DEEM . ' } ", •' WMt COVENANT AGAIxSr GRA-NTOR'S Act ; RICF&RD NAGY TO R & E NAGY FAMILY PARTNERSHIP •r Record and Return to: Kenn R. Bieg, Esq. Brach, Eichler, Rosenberg, Silver, Bernstein, Hammer & Gladstone, P.C. 101 &isenhower Parkway Roseland, New Jerwy 07068 (201)228-5700 DATA\TEMP\M AS\ 1991.1 LIBER iME 42 � lna[ G[an[or'a Ac[a—Indlvidu+I or Corpara S[andar N,Y.B, X. Form B002—B•63—DAIS i, and Sale I)rnt with Covenant &sa[ion (sln,ic Shoe[) CONSULT YOUtt LAWYER REBORE SIGNING THIS INSTRUMENT—THIS INSTRUMLNf SHQULD RE USED BY LAWYSRS ONLY. THIS INDENTURE, made the 16t day of October , nineteen hundred and seventyoone BETWEEN HAROLD E. DADSON, JR. and AUDRA Y. OADSON, his wife, both residing ` .�,at 30 Spruce Street, Roslyn Harbor, New York, \v7 000 path of the first part, and ELEANOR NAGY, residing at 283 Watchung Avenue, Blumfleld, New Jersey, 01 `1 party of the Second part, _ V WITNESSETH, that the party of the first part, to consideration of Tea Dollars and other heirs by the party of the second put. does hereby gran ase and releunto ttte party of `t `1 or Successors and #amens of the party of the second part forever. ALL that certain plot, piece or reel of land, with the building and improvements dwreou erect, situate, lyingandbeinglit�lle at Orient in the Town of Southold, County of Suffolk, State of New York, being more particularly bounded and described as follows$ BEGINNING at a point on the southwesterly side of Harbor Road distant*155.05 feet -southeasterly from the corner formed by the i me rscgt i on of the . southwester 1 y side of Harbor Road with , tho South• easterly side of Douglass Street which polnt.is where the scuthio#sterly line of land now or formerly of Eleanor F. Nagy intersects the southwastorly side of Harbor Roads RUNNING THENCE South 49 degrees 3Z, IailluteA West and along the southeasterly line of land now or formerly of Eleanor F. Nagy 227.34 feet to the ordinary high water mark of Or'idtit"Harbor I RUNNING THENCE uth 62 degrees 13 minutes 20 seconds East along the ordinary h1 water mark of Orient Harbor 79.95 feat to a "right of waylli RUN G THENCE North 49 degrees 32 minutes East and along a right of ay 220 feet to the southwesterly side of Harbor Road; RUNNING THENCE North 57 degrees 16 minutes 10 seconds West along the southwesterly side of Harbor Road 77.52 feet to the point or place of BEGINNING. The grantors herein are the same persons as the granteestherein in Oe deed dated March 31, 1965 and recorded April 2, 1965 in Liber 5723 cp 153, and deed dated March 31, 1965 and recorded April 2, 1965 In Liber 5723 cp 157, and also dead dated March 31, 1965 and recorded April 2, 1965 in Liber 5723 cp 1591 all of the aforesaid deeds being recorded in the Office of the Clerk of the County of Suffolk. TOGETHER with all right, title and interest, if any, of the party of first partes�m� to y stroeta and roads abutting the above-described premim to the center linea thereof; TOG rteoln and all the estate and rights of the party of the first part In and to Bald pre�mrn�iva; TO HAV AND TO HOLD the premises herein granted unto the party of the, second part, the hdrs or m>tooessors and assigw of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premiss have been encumbered in any way whatever, except u afore&" AND the party " of the first part, in complicata with Section 13 of the Uen XAw, covenants that the party (A the first part will receive the Ideratlon for this conveyance and w111 hold the right to reWv such eoesid• oration as a trust fund to be applied first for the purpose of paying the cost of the improveMt0t Sad will apply the same first to the payment of the cost of the improvement before wing any part of the total of the same for any other purpose. Tile word "party" Shall be construed as if it read "parties" whenever the sense of this indenture so requires. W WITNESS WHEREOF, the party of the first part has duly executed this deed the day aqd year first above wr4ten. I passaNcs,os: �� 0), if HAROLD E. DADSO , JR. C S/ AUORA Y. DADSON t 4 STATS OF NEW YORIr, C0UNTTr Or. NasSau SS, On the 1St day of October 19 71, before me personally ume. Harold E. Dadson, Jr. , and Audra Y. Dadson to me known to be the individual S described In and who extTuted the foregoing fnst ment, and acknowledged that they executed the o 8 fin� I Notary Pubf, No. 30-5905o4f y�ualiried ' Com, expire,, STATE OF NZW YORK, COUNTY OF S,, On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he Is the of in and which eiteWted the 't the corporation described t he knows the OW of: . mid ,tdt"ration;ng ttMat the tBeataaffiixed to said instrument is,such.corporate seal; that i was so affixed by ord� 61? the board of directprs 9f sai rpora- tion, and tht[ hl, sighed h' ' ' nime thFhtb by a order. USER 70124 favi: 43 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 executed the foregoing instrument, and acknowledged that executed the same. 1,Jr, state of New Yor:c r, Nassau Mar.. 30, 1972 STAtE Or NEW YORK, COUt'fTY OF SS, On the A day of 19 before me f• t `>>= ';tATE OP >R ` iii 1NSf EP rh X j;, K 1�E1,/1'GP, CCT P'7f 0 9. 3 9 ..� • a finnntt ,•,__ y- rn.Ir.ees _ that he,. said subscribing witness, was Present 9nd Saw execute the sane; and that . he, said witness, at the same time subscribed h name as witness thereto. `Vfligelh,dttb 081e fleet' SiCTION WI H d&ENAN't'XdAINST GRANTbIt'll AC" ,, - LOCK ' I_ �;To , COUNTY 01% TOWN aUdab.Y.,gAOSON `�L�aygd' NACY ;OCT 8 1911 1 ! j Ra.rd•d At t�w� of An,erldn T1W lewru,n Cornp•nt < ( ": • RETURN RY MAIL To: TAND^RD FORM OF N1w V60i BOARD OF TITIE VNDIRWRIMS t. 2 ! DibMbuter� by r. 3 (t`o II W LE 41 C Z,P Nn, INlUMANCIF COMPANY' t A Member of The Contfntntat Inr.r.nev Comp.ntu y� 12 CEJ -o e J� ---- -- -- t{ RECORD & RETURN TO DRESSI 9 91 Suffolk County Recording.&.Endorsement Page,'. Thia pnge forms purlofthattached matte by (Deed, Mortgage; etc.) The primises herein is situated in SUFFOLK COUNTY, NEW YORK. ? lnihc'I'UWNof l;} iT•)t�•'C'c.�: Jill the VILLAGE , or HAMLET of ' , U0J1ES S TIIRU•4 MUST 6ETYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING: OR FILING; I �;UFFOLR COUNTY Cnbuc7 2 10...i 3 IURRrKy 11635f -- - Lrw r,.: C.r _ Serial w Y;•. w•;;; r Cerlificafew Wkl/r'a r h cit Ci Deed / Murtkat;e Instrument Deed ! Morlitz a Tail Stamp . Reconlinp / Filing Stamps :• J,.' FFFS 1'age / Fill., Fre Morl.-aRe Amt., c I.• ;) i,;i Handling 1. Basic Tat' TP•StlJ 1, SON YAM Nniatien Sub Total ��) :A-5217 (County) f Sub ToW — J. Spec./Add.' • EA -S217 (Stale) _ r.,/) TOT. MTG. TAX',: RP.'l.S.A Cl Out[ Toun.•'�QudCamty__-�; rte; lleld6irApportioetncomm, or Ed. �+ ���,■s -- — +fa'• Transfeil'TaxAffidavit k.. Mansion Tax �. •';r L ' �' Certified Copy Y Tke properly curcrcm d by this nrtgal,e ' ,, A is or will lx Improved by a one or tyre Rep Copy _ Sub'I'ntalLT•. __ family dwelling only. Other�� — �..... GRAND TOTAL7o� YES_' or NO If NO, ice appropriate fail clause on . •I' I' pat;ew_ ,dIhim III Arumen C..' _ S Red Properly Tri Service ARcuey Verification 6, Title Company Inforreallou •; ;; ' ; tk. _ �• '� Dist Ulock 1 rte_— �;, ,Name 7—"'- '- /3Illpnny • 7jFEE: PAIn BY: Cash Checkt— / 7�' r Tilly Number D ri•c _ Charze \ 'CJS' FGt 1.�tii .�l Payer umc as R do K A���- �•f �C' c R.C`•(L / OR: ---- -- -- t{ RECORD & RETURN TO DRESSI 9 91 Suffolk County Recording.&.Endorsement Page,'. Thia pnge forms purlofthattached matte by (Deed, Mortgage; etc.) The primises herein is situated in SUFFOLK COUNTY, NEW YORK. ? lnihc'I'UWNof l;} iT•)t�•'C'c.�: Jill the VILLAGE , or HAMLET of ' If - DEED Tiffs INnFNnJRF, made the 'Ak day of 19 BMVEEN ELEANOR NAGY, residing at 283 Walchung Avenue. Bloomfield, New Jersey party of the first pan/grantor, and T•, & E NAGY FAMILY PARTNERSHIP, having an address at 283 Watchung Avenue, Bloontrield, New Jersey party of the second part/grantee, WiTNP.swrit, that the party of the first part, in consideration of Ten ($10,00) Dollars and other valurthle consideration paid by the party of the second part, dors hereby gi-mil and reletse unto file party of life second part, the heirs of successors and assigns of the pall:- ol'the second part forever, ALL that certain plot, piece or parcel of land, with the buildinf,; and improvements thereon erected, situate. lying and being at Orient, in the Town of Southold. County of Suffolk, state of Neiv York, being more particularly bounded and described as follows. BEGINNING at a point on the snuilfwcsterly side of Harbor Road distant 155.05 feet southeasterly from the comer formed by the intersection of the southwesterly side of Harbor Road with the southeasterly side of Douglass Street, which point is where the southeasterly line or land now or forinerly of Eleanoi F. Nagy intersects the southwesterly side or Hart-A)r Road: RUMNING'MENCE South 49 degves 17 mimiles West and along the southeasterly line of land now or foitnerly of Eleanor F. Nagy. 220 feet to the ordinary high Water mark of Orient Ilarboc RUNNING THENCE South 62 degrees 13 minutes 20 seconds East along the ordinary high Water mark of Orient Harbor 79.95 feet to a "right or way": RUNNING THENCE North 49 degrees 32 minutes Fast and along a right of way227 '&( to life southwesterly tide or Harbor Road; RUNNING THENCE North 57 degrees 16 minutes 10 seconds West along the southwesterly side or Harbor Road 77.12 feet to the point of place of BEGINNING. BEING AND INTENDED to be the same premises conveyed by HAROLD F.. DADSON. JR. and AUDRA Y. DADSON, his wife, to the party of the first part by deed data) October 1, 1971 and recorded in file Suffolk County Clerk's Office in Liber 7024, page 42. To(,.rnlF.R with all right, title an -J interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center line thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first pan in and to said premises: TO IIAVF AND TO HOLD the premises herein granted unto i arty or the second part, the heirs or successors and assigns of the party of the second part t— ver. AND the party of the first Imn covenants that the party of the first part has not do - :e or suffered anything whereby the said premises have been encumbered in any way whatever, except a, aforesaid. AND the party or the first part, in compliance with Section 13 of the I.icn I aw, covenants that the party or the first part will receive the consideration for this conveyance and will hold the right to receive s.* h consideration as a trust fund to be applied first for the. purpose of paying the cost of the itiq rovement and will appl-I the same first to the payment of fix-, cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be consrved as if it reads "parties" whenever lite sense of this inaenti+rc'so requires. ;�! • :1�',;.' . IN WITNESS WIIEREOF, thr- party of the first lart has duly executed this deed the day,and year , r first above written. IN PRESENCE OF: Eleanor Nagy V i' (:',:,'•1 a,i�y: r, STATE OF NEIV COUNTY OF 6SSe ss: _ !£: r On the O)�day of 0d6br / , 191) before me personally came Eleanor Nagy,. 10 M! known p ; ,',;',•r . to be the individual described in and who executed the foregoing inorument, and acknewledgr d • '•;:',;;'.,,c{'?M7' that she executcl the same. r•y!ryy,'' i wrntitxlr ':; '• ;; 1.4•.y''iTgi ' Iytmwifwb*nr*Mwra.INS , t •''+ BARGAIN AND SALE DECD �i'InAI t COeFNANT ACNL�r GitANTOR's ACTS f; 1) ELEANOR NAGY TO R & E NAGY FAMILY PARTNERSHIP t� Record and Return to: Kenn R. Bieg, Esq. Brach, Eichler, Rosenberg, Silver, ,, '. �• Bernstein, Hammer & Gladstone, P.C. 101 Eisenhower Parkway Roseland, New Jersey 07068 ,: • %{t (201)228-5700 " 1� DATA\T-."MP\MAS\2000.1 I M NOTE FOR, THE FILE Re: Nagy File Update 8/4/97 - After review letter from Pat Moore, I called Pat and explained that metes -and -bounds description for house lot was not found on a deed - but she confirmed that it is the description on Cthe 1970 deed (copy furnished earlier by Pat) . Pat is also trying to locate a survey of the house lot, and original survey (Peconic Surveyors) of the vacant lot as combined into one 6 (Lots 2 & 3, separate from 1) . Com' od� d,) � Wo 1% FOLLOW-UP and UPDATE FOR YOUR RECORD: TO: All ZBA Members FROM: ZBA Chairman via ZBA Office DATE: 0,U9 ,, f e , 1997 Attached is an (original)(copy) f V (new information added to the o ' ' al Town BA file) re: Pending Application of 14 Other Comments: # of Pages Attached: 6) Placed in Members' office mail boxes for update on �/ /Q / 97 ---------------- Board. Trans �1 /`PLANNING BOARD MEMBERS Z BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD ;off OG , ' � ti L 2 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 TO: Zoning Board of Appeals FROM: Melissa Spiro, Planner /0 RE: September 16, 1997, request for comments from ZBA DATE: September 24, 1997 The Planning Board reviewed your request for comments at yesterday's work session. Please find the Planning Board's comments in regard to the items scheduled on the Zoning Board's September 25, 1997 meeting below: Southold Automotive (Tonyes Realty) SCTM# 61-4-23 The Planning Board does not have a site plan application for the proposed addition. This is a non -conforming use in the Hamlet Business (HB) District. The Zoning Code does not allow a non -conforming use to be enlarged. Section 100-241 (A.) of the Zoning Code specifically states that a non -conforming use may continue indefinitely, except that "(it) Shall not be enlarged, altered, extended, reconstructed or restored... nor shall any external evidence of such use be increased by any means whatsoever." E. Nagy SCTM# 27-4-1, 2, 3 The Planning Board does not have any records on this property. J. Melly SCTM# 104-2-23 The Planning Board does not have any records on this property. However, the property card notes that this lot is part of Lots 50, 51 and 52 of the Nassau Farms subdivision. TITLE NUMBER: PAC -2045 AM 141997 V A R I A N C E S E A R C H /cQ COUNTY OF SUFFOLK) SS: STATE OF NEW YORK) JEANNE ANSTETT, BEING DULY sworn deposes and says: That she resides at 386 Marcy Avenue, Riverhead, New York and is over the age of 21 years and that she is the Office Manager of PECONIC ABSTRACT, INC., and that under her direction title was examined to the parcels of land described on the annexed schedules. That said examination made to include 6/30/97 and said town to disclose if subject premises is in fact single and separate ownership as appears from the chains of title annexed hereto and that the effective date of the applicable Zoning Ordinance is 01/01/57. And that this affidavit is made to assist the Board of Zoning Appeals of the Town of Southold and to reach any determination which requires as a basis therefore the information set forth herein and knowing full well that said Board will rely upon the truth thereof. The Liability of this Company is limited to the amount of $25,000.00 (Twenty -Five Thousand Dollars). PECONIC ABSTRACT, INC. BY w'lt JEANNE ANSTETT OFFICE MANAGER SWORN TO BEFORE ME THIS 5TH DAY OF AUGUST, 1997 NOTARY PUBLIC ROBERT DEFRESE Notary Public, State of New York No. 01DE5035117 Qualified in Suffolk County qk- Commission Expires October 24, 9 TITLE NUMBER: PAC -2045 SUBJECT PREMISES: 1000-27-4-1 JAMES F. DOUGLASS LILLIAN J. DOUGLASS, HIS WIFE to HAROLD E. DADSON HAROLD E. DADSON to HAROLD E. DADSON AUDRA DADSON, HIS WIFE JANE ELIZABETH MCCOLGAN to HAROLD E. DADSON HAROLD E. DADSON to HAROLD E. DADSON, JR. AUDRA DADSON, HIS WIFE HAROLD E. DADSON AUDRA DADSON, HIS WIFE to RICHARD NAGY ELEANOR NAGY, HIS WIFE DEED DATED 9/22/55 RECORDED 9/28/55 LIBER 3983 PAGE 194 (EASTERLY PART OF TAX LOT 1 & ALL OF TAX LOT 2) DEED DATED 3/31/65 RECORDED 4/2/65 LIBER 5723 PAGE 157 DEED DATED 9/22/55 RECORDED 9/28/55 LIBER 3983 PAGE 201 (PART OF LOT 1 WESTERLY 79/240) DEED DATED 3/31/65 RECORDED 4/2/65 LIBER 5723 PAGE 153 DEED/ c air DATED 1/22/70 RECORDED 1/27/70 LIBER 6696 PAGE 419 RICHARD NAGY DEED ELEANOR NAGY, HIS WIFE DATED 10/8/92 to RECORDED 7/7/93 R&E NAGY FAMILY PARTNERSHIP LIBER 11635 PAGE 588 LAST DEED OF RECORD SWORN TO BEFORE ME THIS 5TH DAY OF AUGUST, 1997 ire NOTARY PUBLIC ROBERT DEFRESE Notary Public, State of New York No. 01DE5035117 Qualified in Suffolk County 9� Commission Expires October 24, J- PECONIC ABSTRACT, INC. r jt'6" JEANNE ANSTETT OFFICE MANAGER TITLE NUMBER: PAC -2045 SUBJECT PREMISES: 1000-27-4-2 JAMES F. DOUGLASS LILLIAN J. DOUGLASS, HIS WIFE to HAROLD E. DADSON HAROLD E. DADSON to HAROLD E. DADSON AUDRA DADSON, HIS WIFE JANE ELIZABETH McCOLGAN to HAROLD E. DADSON HAROLD E. DADSON to HAROLD E. DADSON, JR. AUDRA DADSON, HIS WIFE HAROLD E. DADSON, JR. AUDRA DADSON, HIS WIFE to RICHARD NAGY RICHARD NAGY to R&E NAGY FAMILY PARTNERSHIP 4 1 / C�C-r�r�- d �✓ c� J DEED DATED 9/22/55 RECORDED 9/28/55 LIBER 3983 PAGE 194 (EASTERLY PART OF TAX LOT 1 & ALL OF TAX LOT 2) DEED DATED 3/31/65 RECORDED 4/2/65 LIBER 5723 PAGE 157 DEED DATED 9/22/55 RECORDED 9/28/55 LIBER 3983 PAGE 201 (PART OF LOT 1 WESTERLY 79/240) DEED DATED 3/31/65 RECORDED 4/2/65 LIBER 5723 PAGE 153 DEED DATED 10/1/71 RECORDED 10/8/71 LIBER 7024 PAGE 46 DEED DATED 10/8/92 RECORDED 7/7/93 LIBER 11635 PAGE 586 LAST DEED OF RECORD SWORN TO BEFORE ME THIS PECONIC ABSTRACT, INC. 5TH DAY OF AUGUST, 1997 ota-'t�� a -g jztt z= - NOTARY PUBLIC JEANNE ANSTETT OFFICE MANAGER ROBERT DEFRESE Notary Nob01 DEState of New York Qualifiedin October 24, County Commission Expires N TITLE NUMBER: PAC -2045 SUBJECT PREMISES: 1000-27-4-3 JAMES F. DOUGLASS LILLIAN J. DOUGLASS, HIS WIFE to HAROLD E. DADSON HAROLD E. DADSON to HAROLD E. DADSON, JR. AUDRA DADSON, HIS WIFE HAROLD E. DADSON, JR. AUDRA Y. DADSON, HIS WIFE to ELEANOR NAGY ELEANOR NAGY to R&E NAGY FAMILY PARTNERSHIP SWORN TO BEFORE ME THIS 5TH DAY OF AUGUST, 1997 NOTARY PUBLIC ROBERT DEFRESE Notary Public, State of New York No. 01DE5035117 Qualified in Suffolk County Gari Commission Expires October 24, << 4 DEED DATED 2/2/56 RECORDED 2/7/56 LIBER 4066 PAGE 503 DEED DATED 3/31/65 RECORDED 4/2/65 LIBER 5723 PAGE 159 DEED DATED 10/1/71 f RECORDED 10/8/71 ,—U f� LIBER 7024 PAGE 42��-`` DEED DATED 10/8/92 RECORDED 7/7/93 LIBER 11635 PAGE 587 PECONIC ABSTRACT, INC. JEANNE ANSTETT OFFICE MANAGER TITLE NUMBER: PAC -2045 WEST OF SUBJECT PREMISES: 1000-26-2-42.002 JAMES F. DOUGLASS DEED LILLIAN J. DOUGLASS, HIS WIFE DATED 8/4/53 FRANCES E. DOUGLASS RECORDED 8/28/53 to LIBER 3570 PAGE 283 MAUDE E. LATHAM (PREMISES AND MORE) MAUDE E. LATHAM DEED to DATED 8/1/72 N. DOUGLAS LATHAM RECORDED 9/5/72 AUDREY E. LATHAM, HIS WIFE LIBER 7233 PAGE 254 NELSON DOUGLAS LATHAM DEED a/k/a N. DOUGLAS LATHAM DATED 6/20/89 AUDREY E. LATHAM RECORDED 7/7/89 to LIBER 10891 PAGE 178 MAJOR ASSOCIATES (PREMISES AND MORE) MAJOR ASSOCIATES DEED to DATED 12/27/91 DERRICK D. CEPHAS RECORDED 1/9/92 DONNA SISSELMAN CEPHAS, HIS WIFE LIBER 11399 PAGE 289 LAST DEED OF RECORD SWORN TO BEFORE ME THIS 5TH DAY OF AUGUST, 1997 NOTARY PUBLIC ROBERT DEFRESE Notary Public, State of New York No. 01 DE5035117 Qualified in Suffolk County Commission Expires October 24, PECONIC ABSTRACT, INC. JEANNE ANSTETT OFFICE MANAGER TITLE NUMBER: PAC -2045 EAST OF SUBJECT PREMISES: 1000-27-4-4 RIGHT OF WAY ASSESSED TO JAMES DOUGLAS NORTH OF SUBJECT PREMISES: HARBOR ROAD SOUTH OF SUBJECT PREMISES: ORIENT HARBOR SWORN TO BEFORE ME THIS 5TH DAY OF AUGUST, 1997 NOTARY PUBLIC ROBERT DEFRESE Notary Public, State of New York No.01DE5035117 Qualified in Suffolk County Commission Expires October 24, PECONIC ABSTRACT, INC. JEANNE ANSTETT OFFICE MANAGER PECONIC ABSTRACT, INC. 405 OSTRANDER AVENUE, P.O. BOX 1267, RIVERHEAD, NY 11901 (516) 369-0222 FAX (516) 369-4020 August 6, 1997 Patricia Moore, Esq. P.O. Box 23 Mattituck, NY 11952 Dear Ms Moore: 0 i I C97 U LLL � Re: Title No. PAC -2045 Nagy As per your request, enclosed herewith please find variance Search pertaining to the above captioned matter. The charge for this Search with $25,000.00 Liability is $371.00. Please make your check payable to Peconic Abstract, Inc. and forward to my attention at the above address. Thank you. very truly yours, Jeanne Anstett Office Manager JA/mv Encl. AUG 1 41997 ISSUING AGENT OF CHICAGO TITLE INSURANCE COMPANY JUL 01 197 10:29AM SOUTH(.iv TOWN HALL 516 765 1823 AUG 1 4199 i BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------a -- -- Xn the Matter of the Application Of AFFIDAVIT Eleanor Nagy ( lime of .Applicants) ------------------------------------ AFFIDAVIT -- -----AFFIDAVIT OF MAILING. AND .POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Margaret.Rutkowsk:6 residing at Theresa Drive, Mattituck, NY New York, being duly sworn, depose and say that; 1) On the 7th day of August , 1997, 1 personally mailed, by certMed mail return receipt re nested a true copy of the attao ed Legal Notice, addressed to eac of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certmed mail, return receipt requested: Name of Surrounding Property Owner Mailing Address 3n_Ilnuolas 220 Harbor Rd., Orient, NY 11957 n T._ Allpria 9A Wnndln-A A— Q.... _ Mary D_ Do-rman 106 �tb cathgrine N' • ► 1111 1 . _ • . • . • 1 n • w• NY -1-1787 Mildred M. - Pascm� •ne, Smitbt-own, LX 11787 ind 2) On the day of , 1997, I personally posted the property identified as District 1000, Section Block , Lot by placing the Town's Official poster ten (10) feet, or closer, from the property line facing the street (or facing the right-of-way) , and that I have checked to be sure the poster has remained in place for seven full days prior to the date of the public hearing (date of hearing noted thereon to be held Sworn to before me this signature) 8 of August , 1997. ` �>ftMdN w tary PubLt4 ►-No.4ton Wk Co1lRllWm 6*mjww t4,.W $ (Please return to the office of the Board of appeals when completed. Thank you.) P.1 STATE OF NEW YORK) ell) SS: r' Y OF SUFFOLK f Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a 2 3 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 regular- ly published in said Newspaper once each week for_JL weeks successively, commencing on 11� the day of I A 19NrejmA�lc 111W� Principal Clerk Sworn to before me this N 11t:E SOUTHOLD TOWN BOARD OFAPPEALS THURSDAY, SEPTEMBER 25,1997 NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS,at the Southold Town Had, 53095 Main Road, Southold, New York 11971, on THURSDAY, SEP. TEMBER 25,1997 at the times noted below (or as soon thereafter as possi- ble): 6:45 p.m. Appl. #4506 — Appli- cation by Liillau J. Mulligan Estate, This is a request for a Variance under Article IIIA, Section 100-30A.3, based upon the August 5, 1997 Notice of Disapproval issued by the Building Inspector regarding. "as built" deck addition, disapproved on the following grounds: "the deck addition "as built" will exceed the maximum allowable lot coverage of 20 percent, or 1500 square feet. The deck addition will increase the lot coverage to 1635 sq. ft. or approximatley 21.75 percent." Location of Property: 210 Third St., laurel, NY, Parcel ID No. 1000-126-7- 11. Also known as Lot #72 on the Map of George L Tuthill.. 6:50 p.m. Appl. #4508.JD — Joseph Melly. This is a request for a Waiver under Article 11, section 100-26 based upon the July 24, 1997 Notice of Disapproval by the Building Inspector issued on the following grounds: ".., a non -conforming lot shall merge with an adjacent conforming or non -con- forming lot which has been held in common ownership with the first lot at any time after July 1, 1983. Lot 104- 02-24 has merged with 104-02-23 ..." Location of Property: 1375 & 1475 Sterling Road, Cutchogue, NY; Parcel #1000-104-02-24 & 23. 7:00 p.m. Appl. #4501— F. Nagy. (Continued from first hearing held 8/28/97). Waiver under -Article II, Section 100-26 based upon the July 7, 1997 Notice of Disapproval of the Building Inspector stating two reasons: . (1) under Article II, Section 100- 24A.(1) land area identified as 1000- 27-4-2 and 1000-27-4-3 were created by deed in 1965 and do not meet the minimum lot, requirements (12,500 so and (2) under Article H, Section 100- 25A, total land area merger exists for 1000-27-4-1, 2 & 3 having been held in common o worship after July 1, 1983. Location of Property: Harbor Road, Orient, NY. Applicant proposes 28,445 sq. ft. of land area and 13257 lot width as to 1000-27-43 & 2, and with a XXIV, Section 100-243A, a n0000n- fomuing building remaining house lot of 20,000± sf. and lot width of 100 feet as to 1000-27-4-1. with"nonconform- ing use shall not be enlarged, recon - - Zone District: R-40. (Schedule AA as strutted or structurally altered unless the use of the building is changed to a revised July 22, 1997 shows a size conforming use. The preexisting build - requirement for lots created between April 1957 thm November 1971 at ing is located in the Hamlet Business. District not 12,500 sq. ft. and 100 ft. lot width.) and is a permitted use in this district The side and rear set - 7:10 p.m. Appl. #4492 — W. Klein. (Continued from 8/14/914 This yard backs do not conform to the required appli- cation is based upon the Building 10 ft. side and 25 ft. rear y Location of Property: 54360 Main Inspector's May 28, 1997 Action of Disapproval, for building permits in the Road, Southold, NY, County Parcel ID .as built" construction of accessory #1000_61-423. The Board of Appeals will at said garage in an area other than the required rear yard and deck addition time and hheara = P any and alb persons with an insufficient front yard setback or entatives desiring to be heard in the above applications. The from private right -of --way (easterly above hearings will not start before the time Party Vie) and excessive lot cover- age, at 3235 Manhasset Avenue, designated. Each file is available for Greenport, NY, 100043-1-8. Zone: R- 40. Property review during regular busiommhours (84 p.m.), and written comments may size: 6821 sq. ft 7:25 p.m. Appl. #4509.LT be submitted before that hearing is con. — Tonyes Realty Corp. d/b/a Southold chided. If you have questions, please Automotive Corp. This is an applica- do not besitate to call 765-1809. Dated: September 12, 1997. tion requesting a Variance based upon the August 13, 1997 Notice of BY ORDER OF THE Disapproval of the Building Inspector SOUTHOLD TOWN BOARD OF APPEALS hn which applicant has applied for a GERARD P. GOEHRINGER, permit to construct addition, an alter- ation to existing gasoline station, whichChaiman Application was disapproved for the 1132-1TS18 By Lada Kowalski following masozw '...'under Article JUL 01 '97 10:29AN SOUTHOLD TOWta HALL 516 765 le23 BOARD OF APPEALS:TOWN OF SOUTHOLD ----------------------------------- x Iia the Matter of the Application Of AFFIDAVIT Eleanor Nagy Mim_eof Applicants) ------------------------------------ _AFFIDAVIT OF MAILING A D POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I,. Eleanor Nagy , residing at Harbor Road, Orient, NY New York, being duly sworn, depose and say that: 1) On the f `( day of �' 4.5- - , 19979 I personally mailed, by certified mail return receipt requested,a true copy of the atts0 ed Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective banes, that the addresses Listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each of said persons by certified mail, return receipt requested: Name of Surroun gAg Property Owner Mailing Address TA 11 tan--nn„olas 220 liarbor Rd Orient, NY 11957 Rnndra i.. A11•+ria 26 Woodland Ave., Syosset, NY 11/91 Mary D. Dorman 306 WPB* 19th i'truet N nrk Ny 10011 S.ath�r_iue Dinane 4R chor„a ____ _ _ P. 2) On the day of August , 1997, I personally posted the property identified as District 1000, Section 27 Block 4 , Lot , by placing the Towns official poster ten (10)feet, or closer, from the property line facing the street (or facing the right-of-way), and that I have checked to be sure the poster has remained in place for seven full days prior to the date of the public hearing (date of hearing noted thereon to be held Aug. 28, . 1991). � Sworn to before me this / 1 day of August , 2� Notary PubL10 (4�gnaturej 1AA7_ IRIS R 1?7GORA Notary P41;,,. Strt,) of Newyork No. OISEc$4751 Ojai: -j in Sl;iolk G Commission Expirbs January 31,1/20 (Please return to the office of the Board of appeals when completed. Thank you.) August 1,1997 PATRICIA C. MOORE Attorney at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 �T) r Aub 4 WTk 6'L � u L'; Linda Kowalski Zoning Board of Appeals Southold Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 Re: Nagy waiver of merger Dear Linda; Margaret Rutkowski Secretary I am in receipt of your letter dated July 31,1997 requesting additional information and submit the following information for the board. ISSUE 1) 100-25D (1) Proof of the date when the lot was created: The variance search/Single & Sep. search by Peconic Abstract provided the record owners. LOT 1: In 1950 Douglas owned the subject land and began to subdivide by deed. In 1950 Lot 1 (House parcel) was only 79 feet wide. (This lot is today over 100 wide) IAT 2: In 1950 Douglas sold to McColgan; In 1955 McColgan sold to Dadson Lot 2 which included 25 feet of what is now Lot 1. LOT 3: In 1956 Douglas sold to Dadson Lot 3. LOT CREATION In 1965 Harold Dadson owned all three parcels and created the present lot sizes through lot -line changes (by deed)the zoning allowed 12,500 sq. ft. lots and his adjustments in the size of the properties could be accomplished by deed. (The lots have remained the same size since Dadson reconfigured the lot lines) Dadson conveyed the individual lots (1,2 & 3) to Mr. Nagy and Mrs. Nagy as follows: Lot 1 (present size), as shown on the attached deed, dated 1/22/70 at liber 6696 p. 419, Richard & Eleanor Nagy in title Lot 2 (which is to be combined with Lot 3) as shown on the attached deed, dated at liber 7024 p.46 , Richard Nagy in title �O Lot 3 (which is to be combined with Lot 2) as shown on the attached separate deed, dated 10/1/71 at liber 7024 p. 42, Eleanor Nagy in title MERGER OCCURS In 1992 Mr. Nagy is advised to create a trust for estate planning purposes by their New Jersey attorney. The properties are transferred to the R & E Nagy Family Partnership and consequently unbeknownst to the Nagy's the lots merge. The merger was not discovered until this year when Lot 2 & 3 (as one lot) was placed in the hands of capable real-estate brokers who advised Mrs. Nagy that the subject application was necessary. ISSUE 2: 100-25 D (2) Original Surveys for the lots; survey for the house. With regard to the surveys for Lot 2 & 3, I have requested an original print from Peconic Surveyors today, I will deliver it to you as soon as I am advised it is printed. Mrs. Nagy has been searching her records for a survey of her house, she is still looking. I have requested an inspection of the building department files to determine if a survey was submitted at one time. This survey, if available, will be delivered to you upon my receipt of same. ISSUE 3: Title search indemnifying the Town of Southold for $25,000 I called the title co. which prepared the single & separate search, Peconic Abstract, Jeanne Anstett stated to me that she had never been asked for such insurance before - she would check with their Counsel. I will keep you advised. Thank you for your assistance, as always, Ve ly yours, Patricia C. Moore d - Com—^ 5,,nd,rd V.Y. B.T. U. Form 8002 • 6-69•70MI—Berg,ln and Sale Deed. wieh Covenant ago h+t Grintot't Aetr—In divldual Or Corpon�i�lg,�t PACE iV U6Er, lll0//// L1 LLLLYY CONSULT TOUR LAWYER BEFORE STONING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ON THIS INDENTLME, made the ao� t't'c'tday of January , nineteen hundred and seventy BETWEEN HAROLD E. DADSON, JR. and AUDRA #. DADSON, his wife, both residing at 30 Spruce Street, Roslyn Harbor, New York, party of the first part, and RICHARD NAGY and ELEANOR NAGY, his wife, both residing at 283 Watching Avenue, Blumfield, /New Jersey, party of the second part, W1114FBSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being ixxbt at Orient, Town of Southold, Suffolk County` bounded and described as follows: New York Beginning at an iron pipe at the intersection of the southwesterly line of Harbor Road with the northwester/y line of Douglass Street; from said point of beginning r nning along said south- westerly line of Harbor Road, S. 570 10" E. - 100.0 feet; thence along land of the party of thefirst part, S. 49° 32' 00" W. - 232.55 feet to ordinary high water mark of Orient Harbor; thence alongg said high water mask as measured by a tie line, N. 620 18' 20" W. - 103.13 feet to land of Latham; thence along said land of Latham, N. W 52' 00" E. - 242.0 feet to the point of beginning. Containing 22,714 square feet. BEING AND INTENDED to be the same premises conveyed by Harold E. Dadson to the party of the first part by deed dated March 31, 1965 recorded in Suffolk County Clerk's office in Liber 5723, page 153, as well as part of the premises conveyed by Harold E. Dad to the party of the first part by deed dated March 31 1965 and recorded in the Suffolk County Clerk's Office in Liber 5723 page 157 and this conveyance is subject to the restrictions set forth therein -in those --deeds. Ri:At E51dT� ,A1'E aF M0"1Q0U �ll1N Ygp9TRANSFER'tA'X 6g bept.`ot � yy y ea iazalion .JANlftd � � 4, �� d TOGETIIER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate nod rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. ANt) the party of the first part covenants that the party of the first part has trot done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The wrord "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREM the party of the first part has duly executed this deed the day and year first above written. tN SgfNC[t OP: 14 �L.S. L.S. personally carne! ,7,f Harold E. Dadson, Jr. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged hat he executed the C. n j4. N,,. .YuN Y STATE OF NEW YORK, COUNTY OF so' On the day of 19 , before the personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of ,the corporation described in and which executed the 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 corpora- tion, and that he signed h name thereto by like order. jiargain ana *ale ;Mttb WIIII COVLNANI' AC+A�rst GKANIUK's ACAS TITLE No. /"I— �QI / T STANDARD FORM OF NIW YORK /OARD OF not UNtRWRIT11" Din,ibr,ed by THE TITLE GUARANTEE COMPANY QP W U W I� V N 1 r/ , ,/i r. .,4/''1, I �- Audra'-'-: Dadson to me known to be the individual drscrihed in and who executed the foregoing instrument, and acknowledged that she executed the same. / Jn / , ,r� I 1414, illi L..,. 'w♦ li.(if41�� tyx STATE Olt NEW YORK, COUNTY Of SS' On the day of 19 before me personally came the subscribing witness to the foregoing instrument, kith whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. SECTION BLOCK LOT COUNTY OR TOWN AN 2 7 19TO Recorded At Request of The Tidll Gu+ruuec Cumpu.y RETURN BY MAIL TO: 0700 Zip No. RE�oa�Eb JAN 27 1970 LESTER M. ALBERTSON Clerk of Suffolk County UaEK 7024 mei 46 Standard N.Y.B.T.U. Form 8002-8•65—Iinr,air. and Sale Dccd with Covenant a,ainst Grantor's Acts—indivtdual or Corporation (single sheet) CONSULT YOUR LAWYER RaiORa SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD RS USED hY LAWYERS ONLY. THIS INDENTURE, made the seventy-one HAROLD E. DADSON, JR. and AUORA Y. OADSON, his wife, both residing 1' at 30 Spruce Street, Roslyn Harbor, New York, C part)' of the.first part, and RIARD NAGY, residing at 283 Watchung Avenue, Blumfield, New Jerse t party of the second part, WITNESSETH, that the party of the firstppaartrt, in consideration of Ten Dollar& and other valuable consideration paid by the party of the second part, does rmnby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece orrerm el of land, with the buildings and improvements tiea arectal, situate, lying and being ief *x at Orient In the Town of Southold, County of Suffolk, State of New York being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Harbor Road distant 100 feet southeasterly from the corner formed by the intersection of the.southwesterly side of Harbor Road with the southeasterly side of Douglass Street, which point is where the easterly line of land now or 'formerly of 0. R. Nagy intersects the said southerly side of Harbor Road= RUNNING THENCE South 49 degrees 32 minutes West and along the Easter l y' l i ne of land now or formerly of 0. R. Nagy 232.55 feet to the ordinary high water mark of Orient Harbor] RUNNING THENCE South 62 degrees 18 minutes 20 seconds east and along the ordinary high water mark of Orient Harbor 56.78 feet to land now or -formerly of 0. Richard Nagyl RUNNING THENCE North 49 degrees 32 minutes East, 227.34 feet and along the land now or formerly of 0. Richard Nagy, 227.34 feet to the southwebterly side of Harbor Roadf RUNNING THENCE North 57 degrees 16 minutes 10 seconds West along the south- westerly side of Harbor Road 55.05 feet to the point or place of BEGINNING. The grantors herein are the same persons as the granteestherein In 01 deed dated March 31, 1965 and recorded April 2, 1965 in Liber 5723 cp 153, and deed dated March 31, 1965 and recorded April 2, 1965 in Liber 5723 cp 157, and also deed dated March 31, 1965 and recorded April 2, 1965 in Liber 5723 cp 159; all of the aforesaid deeds being recorded In the Office of the Clerk of the County of Suffolk. TOGETHER with all right, title and interest, if any, of the party of the brat pan of, in and to any su"u and roads abutting the above-described premises to the center linea thereof ; TOG]E T'HER with the appurtenames and all the estate and rights of the party of the first part in and to aaidppre�mises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the hdrs or auooessore and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever. cxmpt as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will 1 the same first to the payment of the cost of the improvement before using 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 team of this indenture so requite. W WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. / r 1N NttiOF: � s7 HAROLD E. DADSON, JR. OAD�Q" :1 k_: . .01. - ILIBER 7024 mi 47 STATE: OF NEW YORK, COUNTY OF Nassau Ss, STATE OF NEW YORK, COUNTY OF 591 On the lst day of October 19 71 , before me On the day of 19 •, before we personally ane Harold E. Dodson, Jr and personally came Audra Ye Dodson to me known to be the individual S described i; and who o me known to"be f6e individual described in and who executed the foregoing instru and admowl tha xecuted the foregoing instrurhent, and acknowledged that they executed the same. ,U executed the same. John Dalton, Jr. Nota r Public,State o[' New York No. 30 5905o4o Rualired in Nassau Com. a pire-s Mar. 30,1972 STATE OF N[W YORK. COUNTY OF ISO On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at -11o. that he is the, of the rnrporition described in and which executed the foregoing instrument; that, he knows the seal of said corporation; that ,the sal affixed , to said instrument is such corporate seal: that it was so ' affixed by order of the board, -of directors of bid corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF 331 fi1f1�!'t!!1! lMl4�+4�:'�!�eraM`h-.ter ST.1T( Of + g t„ 7, ANSFEP TAX r•.t.NEW YOFK ; that he,'Itaid subscribing witness, was present and saw execute the same; and that he', said witness, at the same time subscribed h name as witness thereto. „ vargaln nub #stir ifreb WITH COVENANT AGAINST,CRANTOR'S ACM .r.-^ .. T(TLF No./;7.213.2 '%e77�2/3 l HAROLD E. DADSON, JRa and' AUDRA Y. DADSON' TO' - .RICHARD.,NAGY, STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS UieWbxted by rinE INSU*ANCf COMPANY A +trmnrr n( Thr Continental fntrrenre Comp.nlee SFar10N `LOCK 10T, I COUNTY' OR TOWN DCT.8 1,971 R.eor 'Ac Requen of AAwacim Tlt(. Inwnixy Cempenr RE'"N BY MAIL TO! 3 V0 71% �-+►-� �h /)I �21 /0 0 0 Zip rM. r V � D Vf � <L , W aM moo'. CJ hd 'a'a ac W iY V Um W r .G1 r L15IN 021 TALE 4r~ Standud N.Y.B. .U. Forth 8001-8-63—C7Nrgair, anJ Saye 0m, cvuh Covenant ajatnFt Gra'nt' rantor's Acta—tndtvidu.l or Corporation (anile eheet) DHSULT YOUR LAWYER •[FORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED RV LAWVERs ONLY. THIS INDENTURE, made the 1st day of October , nineteen hundred and sevent yloone The grantors herein are the same persons as the granteestherein in tf a deed dated March 31, 1965 and recorded April 2, 1965 In Liber 5723 cp 153, and deed dated March 31, 1965 and recorded April 28 1965 In Liber 5723 cp 157, and also dead dated March 31, 1965 and recorded April 2, 1965 in liber 5723 cp 159; all of the aforesaid deeds being recorded in the Office of the Clerk of the County of Suffolk. TOGETHER with all right, title and interest, if y, of the of the first part of, in and to any strosts and roads abutting the above-described premises to tie center lines theroof; TOGETHER with the appurtsaaooa and all the estate and rights of the party of the first part in and to said prenises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the bars or suoomm and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesakl. AND the party of the first part, in compliance with Section 13 of the Lien Lap, covenants that the party of the first part will receive the consideration for this conveyantx and will hold the right to reoavt arch co"d- eration as a trust fund to be applied first for the purpose of paying the cost of the improveUMA and will apply the same first to the payment of the cost of the improvement before wing any part of the total of the same tar 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. I paBssNCZ or: Lc ,X, c t-j� a s HAROLD E. DADSO , JR. �� s AUDRA Y. DADSON BETWEEN 1 HAROLD E. DADSON, JR. and AUORA Y. DADSON, his wife, both residing ` .,•,at 30 Spruce Street, Roslyn Harbor, New York, `v7 00 patty of the first part, and ELEANOR NAGY, residing at 283 Watchung Avenue, Blumfieid, New Jersey, fit, party oL the socand part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable aonsideratioo by the the second part, does hereby grant and release unto tbn party of the s000ad PNI, the ban paid party of .' or suecessm and assip"f the party of the second part forever, /ILL that certain plot, pica or reel of land, with the buildings and improvements tkar+wa sratal, situate, 4lyingandbeingi�ille Orirent in the Town of Southold, County of Suffolk, at State of New York, being more particularly bounded and described as follows; BEGINNING at a point on the southwesterly side of Harbor Road distant 155.05 feet southeasterly from the corner formed by the intersoction of the southwesterly side of Harbor Road with.tho South- easterly side of Douglass Street which point .Is where the southeasterly line of land now or formerly of Eleanor F. Nagy Intersects the southwesterly side of Harbor Road; RUNNING THENCE South 49 degrees 3Z minutes West and along the southeasterly line of land now or formerly of Eleanor F. Nagy 227.34 feet to the ordinary high water mark of Orient"Harbor; RUNNING THENCj uth 62 degrees 13 minutes 20 seconds East along the ordinary hwater mark of Orient Harbor 79.95 feet to a "right of way"I RUN THENCE North 49 degrees 32 minutes East and along a right of 220 feet to the southwesterly side of Harbor Road; RUNNING THENCE North 57 degrees 16 minutes 10 seconds West along the southwesterly side of Harbor Road 77.52 feet to the point or place of BEGINNING. The grantors herein are the same persons as the granteestherein in tf a deed dated March 31, 1965 and recorded April 2, 1965 In Liber 5723 cp 153, and deed dated March 31, 1965 and recorded April 28 1965 In Liber 5723 cp 157, and also dead dated March 31, 1965 and recorded April 2, 1965 in liber 5723 cp 159; all of the aforesaid deeds being recorded in the Office of the Clerk of the County of Suffolk. TOGETHER with all right, title and interest, if y, of the of the first part of, in and to any strosts and roads abutting the above-described premises to tie center lines theroof; TOGETHER with the appurtsaaooa and all the estate and rights of the party of the first part in and to said prenises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the bars or suoomm and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesakl. AND the party of the first part, in compliance with Section 13 of the Lien Lap, covenants that the party of the first part will receive the consideration for this conveyantx and will hold the right to reoavt arch co"d- eration as a trust fund to be applied first for the purpose of paying the cost of the improveUMA and will apply the same first to the payment of the cost of the improvement before wing any part of the total of the same tar 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. I paBssNCZ or: Lc ,X, c t-j� a s HAROLD E. DADSO , JR. �� s AUDRA Y. DADSON STATt Or NEW YORK. COUNTY or Nassau 331 On t e 1st day of October 19 71, before me pe rally came. Harold E. Danson, Jr. and Audra Y. Dadson to me known to be the individual 5 described in and who exeFuted the foregoinyiu&Z 4and acknowledged that they executed the 0 n Notary Pub is No. 30-5905041 ->jVQuali`'i.ed Com. expire, STATE OF N&W YORK. COUNTY Or SSt On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of „ the corporation described in and which eikdted the 'foregoing instrument; that he knows the seal of! said co*poration; that the seat affixed to said instrument is+such corporate seal; that it was so .(fixed by . _;% bf the board of directors of sat rpora- tion, and thff he,signed h tiime thEr to by a order. LIBER 7024 fAa 43 STATE OF NEW YORK, COUNTY OF Sgt On the day of -19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. ,Jr. :'tate of New York r Nassau Mar.. 30, 1972 STATE Or NEW YORK, COUNTY or 33 On the day of 19 before me t t» }TATE Of R ''NEW WJPF 44 „ .. OCT -6•,I Q Q 7 C r that he, said subscribing witness, was Present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. ` Mato In allb $81r 11tA, WITH dOVENAN'r X(JA1NST GRANTbArt ACTS TITL No. H 0p !;. _DA6S�R, nuc AV6RA Y., QAOSON To. / '�.UANOA' NAGY }TAND(RDFORM OF NEW YORK /OARD OF TI11E UNDERWRITERS Distributed by • , TITLE INSURANCE COMrANt' A ,Meta6n of The Continental rntrr.nce Contpenfet SECTION IBLOCK I' I 6 COUNTY Olt TOWN t t ;OCT 8 1971 RatotdW At tttgv" or Atnotkrn T10o ktmt.ee. Comp.nt RETURN BY, MAIL TO: 3 2 0 24A . ""? C "� at Af ;APt>EALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Maureen C. Ostermaiin o�oS�FFotx�o 0 y dol � dao BOARD OF APPEALS TOWN OF SOUTHOLD July 31, 1997 By Regular Mail and Facsimile Transmission Patricia C. Moore, Esq. P.O. Box 483 Mattituck, NY 11952 Re: New Application (E. Nagy Waiver Request) Dear Mrs. Moore: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 The Board has requested the following documents be submitted as required by Section 1QQ-25D (1, 2 & 4) to assist the Town in a complete waiver review process: 100-25D (1): proof of the date when the lot was created and the size of the lot in question and the lot left if the waiver is granted, together with a copy of a legal description of both. 100-25D(2): original survey (Peconic Surveyors) for the vacant land areas. Also, please provide survey map for the house location and other construction. 100-25D(4): Title search indemnifying the Town of Southold with $25,000 insurance. In the interim, we have forwarded the Legal Notice for publication in the upcoming issue of the Suffolk Times and ask that you forward copies of the maps with the attached legal notice or similar description which confirms the hearing date, time and place and outline of your application by certified mail -return receipt requested, to all surrounding property owners, including property owners across streets or vehicular rights-of-way. Also enclosed is a sigii to be posted at the subject property within ten (10) feet from the front property line for a period of seven (7) days, or longer at your choice. An Affidavit of Mailing and Posting is enclosed for your use and return with the above documents. Please call if you have any questions regarding the Page 2 - July 31, 1997 - To: Patricia C. Moore, Esq. Re: Waiver Applicatioa - E. Nagy procedures. Thank you. Very truly yours, Linda Kowalski Enclosures ( Pv 6 &ZL d %O"Z &) P.S. Also enclosed in the regular mail transmittal is a copy of a former denial in the ZBA records for the subject parcel when a request for three separate lots was reviewed. ..................................0..#....................00...........00....... TRANSMISSION RESULT REPORT ....................(AUG 01 '97 11:37AM)................. SOU LD TOWN HALL 516 765 1823 ................................................................................................................................................................................. ( AUTO ) ..................... DATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. AUG 01 11:35AM 2985664 01'51" OK S 03 004 .......................................................................................................................................................................0..........000.0............ 1.................. E)ECM >)REDUCTION S)STANDARD M)MEMORY C)CONFIDENTIAL #)BATCH D)DETAIL $)TRANSFER F)FINE P)POLLING D. (-mended 3-4-1997 by L.L. No. 4-19973 Proof of merger. The town shall require a person seelong detersation of merger to provide any or all of the following documents for evaluation: (1) Proof of the daze when the lot was created and the size of the lot, together with a copy of a legal desacriptioa of the parcel, all to the satisfaction of the town. ,2) 3 copy of the current tax map and surrey of the lot. copy of the original survey of the lot. i) title sears L showing single and separate ownership of the property from July 1. 1983, to :he present time, prepared by a Suifoik County title ' �• ~ insurance company indemnifyingthe Town of Southold with $25,000 of insurance. (5) Other additional information or documentation as may be deemed necessary. . i=:fecr of me_-g�T. do building pe -=r or other development entitlement will be issued by the town until :his section has been complied With. The Build; De- oartment will issue a written dete*mination whether a property falls witam an exemption to the merger �rpvision. t NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, AUGUST 28, 1997 at the times noted below (or as soon thereafter as possible): 6:45 p.m. Appl. No. 4-199 - Application of Anne M. Shannon. This is a application based upon the June 24, 1997 Notice of Disapproval by the Building Inspector in which applicant requested a building permit to construct a deck addition and accessory shed. Variances are requested under Article IIIA, Section 100-30A.3, Bulk Schedule in the R-40 Zone, for permission to construct deck addition and accessory shed which exceeds maximum lot coverage of 20% by adding an additional 504 sq. ft. over that allowed by Appeal #4267 dated 9/15/94. Also under Article XXIV, Section 100-244 for nonconforming lots, the deck addition will be less than 35 feet from the rear lot line. Location of Property: 2773 Marratooka Road, Mattituck, NY. County Parcel No. 1000-123-2-26. Existing total land area consists of 6775+- sq. ft. 6:50 p.m. Appeal No. 4499 - Richard & Pamela Frerking. This is a request for a Variance wider Article XXIV, Section 100-244B based upon the July 1, 1997 Notice of Disapproval issued by the Building Inspector Page 2 - Legal Notic- August 28, 1997 Regular Meeting Southold Town Board of Appeals in which applicant applied for a building permit to construct an addition to dwelling which will have an insufficient front setback as a principal building at less than the existing, established 32 ft. nonconforming setback. The Building Inspector has also confirmed that the setback is less than a 35 ft. setback (ref: setback schedule for parcels having 9972 sq. ft. in size). Location of Property: 680 Deep Hole Drive, Mattituck, NY; County Parcel #1000-115-12-9. 6:55 p.m. Appeal No. 4500 - Catherine Harren. This is a request for a Variance under Article IIIA, Section 100-30A.4, based upon the June 23, 1997 Notice of Disapproval issued by the Building Inspector in which applicant applied for a building permit regarding placement of two accessory buildings as located in the side yard area. Location of Property: 3000 Reeve Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-100-1-6. 7:00 p.m. Appeal No. 4445 - Mary Tangney. This is a request for a Variance based upon the March 20, 1996 Action of Disapproval by the Building Inspector as per Article III, Section 100-32 for the proposed insufficient lot area in this proposed set-off or minor subdivision for two lots, situated along a private right-of-way extending from Little Neck Road, Cutchogue; County Parcel ID No. 1000-103-5-2.1 consisting of 143,020 sq. ft. Proposed is the reduction of land area for two parcels, each less than 80,000 sq. f t . in total area. 7:10 p.m. Appl. No. 4501 - E. Nagy. This is a request for a Waiver under Article II, Section 100-26 based upon the July 7, 1997 Notice of Disapproval of the Building Inspector stating two reasons: Page 3 - Legal Notice August 28, 1997 Regular Meeting Southold Town Board of Appeals (1) under Article I I , Section 100-24A . (1) land area identified as 1000-27-4-2 and 1000-27-4-3 were created by deed in 1965 and do not meet the minimum lot requirements (12,500 sf) and (2) under Article II, Section 100-25A, total land area merger exists for 1000-27-4-1, 2 & 3 having been held in common ownership after July 1, 1983. Location of Property: Harbor Road, Orient, NY. Applicant proposes 28,445 sq. ft. of land area and 132.57 lot width as to 1000-27-4-3 & 2, and with a remaining house lot of 20,000+- sf. and lot width of 100 feet as to 1000-27-4-1. Zone District: R-40. (Schedule AA as revised July 22, 1997 shows a size requirement for lots created between April 1957 thru November 1971 at 12,500 sq. ft. and 100 ft. lot width.) 7:15 p.m. Appl. No 4502 - Moore's Lane Development Corp. This is a request for a Variance under Article XXV for permission to construct deck addition to condo unit X60 at 135 R60 Caleb's Way, Greenport, New York, County Parcel No. 1000-40.1-1-60 due to proposed reduction in the front yard setback at less than 35 feet. Zone District: AHD. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. The above hearings will not start before the time designated. Each file is available for review during regular business hours (8-4 p.m.) . Written comments will also be accepted before that hearing is concluded. If you have questions, please do not hesitate to call 765-1809. Dated: July 31, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski t WCt 0 L,. OTZ E C re6LTIL N NOTICE OF HEARING, NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: E L IF ffi ry t) Nf- 6rl� DATE OF PUBLIC HEARING: -7 0 *)A qW 9'017 P- cya's If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of S a.m. and 4 p m BOARD OF APPEALS •TOWN OF SOUTHOLD 9 (516) 765-1809 Af P-36 r kIC4 n rl" e, n 01� Z .A 71 to L COG .d r/r A -J {,toL-1 -i- - 61fi .corms °l b �,� -i `•'as�'QJ t L�ot�( 61 J Lal COG .d r/r - iaz d uOSaQ �� •�_I . 1 -� _ hL �5'^5 vii°ap '+lip ac'gi� ai (000/01, -r-qa-ps Jai 64 . bs o0S '-C (a�-� �sA� � 57/ (`/s ssc s C a LS S' � w�a eu,uez 51 ) P ui L s . i 1J�C U_j 1� {'t S�l� � 1 1D 5� wspoq, � � o�►ro H -i- - 61fi .corms °l b �,� -i `•'as�'QJ t L�ot�( � J Lal - iaz d uOSaQ �� •�_I . 1 -� _ hL �5'^5 vii°ap '+lip ac'gi� ai (000/01, -r-qa-ps Jai 64 . bs o0S '-C (a�-� �sA� � 57/ (`/s ssc s C a LS S' � w�a eu,uez 51 ) P ui L s . i 1J�C U_j 1� {'t S�l� � 1 1D 5� wspoq, � � o�►ro H APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen J � MOW/ Vile / Lydia A. Tortora Maureen C. Osterman �o��g�FFO��-cOG o y1 Ca Z BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 August 28, 1997 S.E. Q.R.A. TYPE iI ACTION DECLARATION Appeal No. 4501 Project/Applicants: Eleanor Nagy County Tax Map No. 1000-27-4-2 and 3 Location of Project: 170/200 Harobr Rd., Orient, NY Relief Requested/Jurisdiction Before This Board in this Project: Waiver - Merger Determination This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law of the Town of Southold. An Environmental Assessment (Sherd Form has been submitted; however, Section 61---7.13 of o NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type I1 classification as established by law. Further, this Department may not be an involved agency under SEQRA (Section 617.13(a) as amended February 14, 19901.. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this decerminaticn shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Tcwn mall, Main Road, Southold, N.Y_ 11971 at (510) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project _,le for record purpose_=. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4501 DATE: JULY 24, 1997 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted is application for a special exception of ELEANOR NAGY submittedby Patricia C. Moore, Esq. together with Zoning Board of Appeals Questionnaire; Disclosure Statement; Letter of Authorization; Notice of Disapproval from the Building Department; and other relevant documents. Judith T. Terry _ Southold Town terk 6 K -7 a3 PATRICIA C. MOORE Attorney at Law 4 ti 315 Westphalia Road P.O. Box 483 7 3-- f S Mattituck, New York 11952 Tel: (516) 298-5629 V ' Fax:(516)298-5664 V L 221x9 .23 July 21, 1997 �` J Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Application for Waiver Under Section 100-26 of Eleanor Nagy Dear Ladies/Gentlemen: Enclosed please find the following for the above referenced matter: 1. Application 2. Z.B.A. Questionnaire 3. Disclosure Statement 4. Authorization letter 5. Filing fee check of $150.00 6. Copy of Suffolk County Tax Map A copy of the Deed and tax bills will be forwarded to you as soon as possible. Please place this matter on your hearing calendar. Thank you. Very truly yours, Patricia C. Moore PCM/mr Encls. OV'ESTT_CZRVA1R=* OR 'LING WITH. YOUR Z.B.A. APPLI _ATICU A. Please disclose the names of the owner(s) and any other individuals ( and ent yes) having a i Zancial : me res`. in the subject premises and a descr_ation of their- i :terests: (Seeearate sheat may be attached.) H . Is the sub j eat premises listed an the ren_ estate mar_co for saleTor being shown to prospective buye —2 {R } Yes ( } NO. (•I+`. yes, 1 e a `_ �"D4 of "c^n =e `� nnc as of sale . ) Sale of Lot 2 & 3 keep house on Lot 1 C. Are the=m a=T prcpaSa _3 �. change ara? �a..� L"nd c"...�.r'� ? ( } Yes (X) No D. 1. Are th -a zn-r areas which cants±n wet! =Td g=asses? no 2. Are the wetland areas shown on the ma= s•.7; --m4 t_ad wig this applicat'_cn? no 3. Is the ercce=-tT bu t-heade-+ between the wet-2la ds are` and the upland building azam? yes (Jetty -Rocks) 4. If your property con'-a;nc we_lands or =and areas, have You contacted the ofllce of the Town _-•sues for its detex-m1Zat=on of jur_sdicticn2 n a E_ Is theca a depressicn or sloping ele<rat_ca nea -• the area of oroposed constrsc•-an at or 'below five ie_et ahove mean, sea le<rel?no(If not applicable, state "V H. A. �r ) F_ Are there any Dat? vs , c^.nc=ete �'ar;'=erS , hMi lhe2ds or f enr•�c Which a—W4 &re not Shawn an the var-re`r man that van are• submltt�ing? If none ex-:.st, please state "none _ " "as shown" G. Do you have any cons t+ruct-ion ' tasting place atthis time concerning your premises? no If yes, please subMi t. a cocy Of your building permit and map as approved by the Sul t d_Zg Decar=ient_ Ia none, please state - H_ Do _You or any cc-cwner alsd own other lard close to this Parcel? -no If yes, please ex=laln where c o r s:L.:n�.0 c^c __s f deeds. I- Please ?ist present use or operat=cns ccrduct_d at tti_s Parcel residential and Procos'ed us L' A r:=pd S__ -a=•_=_ a=rc Dace 3/37, jj,?Qt Eleanor Nagy Harbor Road Orient, NY July 16,1997 Patricia C. Moore, Esq. 315 Westphalia Road P.O. Box 483 Mattituck, NY 11952 Dear Ms. Moore: I Eleanor Nagy, on behalf of the R & E Nagy Family Partnership, residing at Harbor Road, Orient New York hereby authorize you to make an application to the Zoning Board of Appeals, Town of Southold on our behalf. Very truly yours, Eleanor Nagy DISCLOSURE I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and Southold Town Code Article 10 the following: 1. An application has been submitted by Patricia C. Moore to the Southold Town Zoning Board of Appeals on behalf of The R & E Nagy Family Partnership. 2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practicioner with her own clients. She is not affiliated with my law practice. 3. Patricia C. Moore is my wife. 4. I am a member of the Southold Town Board. 5. I do not directly or indirectly review, discuss or participate to any extent in the matter of The R & E Nagy Family Partnership before the Southold Town Zoning Board. 6. Patricia C. Moore is compensated for her legal services, at an hourly rate, regardless of the outcome of the case, and her fee is not contingent on the results obtained. Dated: July 16, 1997 _rm VeSIMSMBR 91CYLD til USED ar IAt/7I9S ClmY_ rr»K bmmd =d Sixty-five 'IiiJ.41BIDENi'[LIRE►�tte 31st ttjyflf Maze . eEIWEEN EAR= E. }�g�, residing at Tanglewood Lane, Sea Miff, Long Island, New York (1E_—" 00CYy `wfM� any of the Ens part. and HAROLD E. DADSCLn, JR_ and AL DADSON, his ife, both residing at Tanglewood Lane, Sea Cliff, Long Island, few York of the semad Parc. MMESSEM d2t the irony of the fist prs >r o der m of t= dc"m paid by }^ P= cf the *� and remise rcl=e oral =tdaim u= the �rY of the sr� d issigtn of the Puty of the ne=rd put fa—rr ALL that cataa pat, g= e; � of Ljmc4 witE the t - °.dam and mP= � tt a cce^d mmatr. fyiaRandbeiaad On Harbor Road, Orient, Town of Southold, Suffolk :aunty, New York, bounded and described as follows: BEGT:TNLtiG at a point th ee and fiftytyt�s�dredths (3Z3.52) 74re of rfeetd three hundred twenty- aarthwesterly from the southwest corner of the intersection of the northwesterly Line of KiDg Street also known as Hog Fond Road and the southwesterly Line of Harbor Road being the northeasterly corner of the Land herein described and extending thence along the southwesterly Line of Harbor Roads is a northwesterly direction seventy-seven and fifty-two hundredths (77.52) feet to lards of Jame E. me odirectithence along said lands of Jane E. McCoLgane or Less; to the high water ly two htrdreci thirty-five feet water line of line of orient Hay: thence along the ordinary high orient gay in a southeasterly directfoa seventy-nine (79) feet more or less to other lands of Janes F. Douglass; thence along said lands of Jataes F. Douglass, in a northeasterly direction two hundred thirty (230) feet mare or less to Harbor Road and the point or place of beginning. SIIB.TECT to all. of the restrictiansco is the tained andoffset ofo th C� the �need recorded in Liber 3483, Page Cf Suffolk County. ar IOGEIHER with sa rBtw t�ir atd ins. if any, of the WrT Of t fist P =� with a, F�'� mef tm& almicug the above daetbed ptasasn to tbx cm s m az d to � pr=o; TO FiAv£ AND TO and all the elute ani fits of the � CIE the Em the Fahy of P-scsed Fart t e tarp a �n � � of BOLD the Prean hetffi r d tht party of the stand Part =r rr- hcltbT ts AND ttx Patz with Sem s *r 17 of ar �wuRwuR to d the ri�z�® t� the �tt7 of tin fim past: is for this amverar ct to tt cave f rmud- er the f as pztLwiII nave tis� �mic�dd� the F� of PzyiaB the mt of the 21 veIl aPPby era as to ¢ ttmt frmd m 6c oaf the ma of the impravese, before u=9 WT 1� of the tsal of the far the == f sstto the PaY-=. at rite word=7 other "pity''b3a be wed as if it read "parteC wi— she scs< of t i �c at sa tr4t>ttta- TLC lri RiLITffS! the bey cf tfs fiat Put has dssly � .� . t day a year fiat �o°e wtictrt'iz - f e.aspowgsr.:RLsa m572 FAm= t±�u mrm�naaazsat=arcnnrssCum %sa Z�UCEnM==kt1= 3221rdayof starch .aiadrsah=&vdand sixty-five MMWEUFHAR I3ADSON, residing ater4m&Lewccd Lase, Sea Cliff, 'T.=& Island, New- York - l ~i tpaetyafP.xfiaspatt;aad HAROLD E. DADSON, JR. and ADDSA DADSON, his wife, — �_ ctk zrsidiag at Taaglewoad Lane, Sea Cliff, Land Island, New York -.n tip 't party of the searadput, F — WI 40ESSK .thntthcpartyaf the first pact; a mtmc er�tiffi of tea daIlaxs paid try the party of tis rec=d - part; dor hereby tem' - ami quitddm vasa the party of tis s=mt pact; the heirs err sua=crs and if aaatg�oftbepactyaftbese=dpart fatt"r, t ALL that acusis pIa , pus at paxst of L=d, with. tte bmidiags ander ntu Iyiagaadbeiag5ta�s at Driest, Town of Sauthald, Cauutp o S�rtu�C au f State o£ New York, hounded and described as follows:- ' A' ? -BEGImmG at: a. point an the southerly line of Harbor Head foss a W hundrext one and:faun hundredths (401.04) feet narthwesterlp fr= the anuses fox by the iatersectiar a£ the westerly Line of Ring Street, .. else kon a as Hag Ford Road, with the southerly line of said Harbor a a -Road,: running thence its a general. northwesterly directing and � �. gececalL pa Lle wittL the high water line of Orient Harbor a distance of: seventy -sever and. fifty-three (77.53)'feet along said Barbar { Road_to land now or fo=merly of Nelson Douglas Estate, thence along land. Is= mentiaaed: in a southwesterly direction two hundred forty I (2401. feet uutore ar less, to id.& water Lire of orient Harbor, ru aring thence in a generaL southeasterly direction along the highwater Line I of Orient Harbar seventy-nine (79) feet more or less to ether land now o= farmerly of, i mes F. Douglass, running theace,ia.a general northeasterly directiaa along other land now ar formerly of lases F. Douglass two hundred thirty-five (135) feet, more or less to the I paint or glace o£ beginning. H.EIW AND INTENMII to be the same premises conveyed by J7 F. Douglass and Lit iii** J. Douglass, bis wife, to the party of the - first part by -deed dated October 18th, 1950, recorded in Suffolk County Clerk's affice in Liber 3142 of deeds at page 96, and this - conveyance is subject to the restrictions therein set forth. t1 1 I v+ ta c a L� �TYCtI! YyKp168001i� T� t�uuia��if�f /ILiT�YBQ 1i1o�a a fila R YY/Tes OOT yi - nit I lA/O- ` P - �p ttadethc 31st day Of March =dsixty-five -1 BETWEEN HAAOIII E1. DADSOIs, residing at T=glewaad Lane, Sea i CIi£f Long Island, Nese York � puty of the Enc put, and HA3= E. DADSCN, JR and AUDRA DADSON, his wife, both residing at Tanglewaad Lane, Sea Cliff, Lang Island, t Nes% York E Party of tit woad Patty is �' of tm `&fats paid ttz t party Of the w[IIM. of the fii� Pan of the xm^d Pam don hereby r=Lw njease and q=Mi3 a c as the FAY of the party of the sed Fa- fatnc, :.p iaae Al. tt pl c in at: aT P -='of 1=4 with tfr and i3 °� ithere= arced' F lying=ibeingk3dM oa Harbor Road, Qrient, Taus Of SoutiiaLd, Caanty Of Suffolk and State of Nes% York, bounded and described as follows: $EGIRN1i4G at a paint on the southwesterly line of Harbor Road, two �huadred forty-six and no tenths (1!%6.00) feet northwesterly along said southwesterly Line from King Street (alsoofknown as "Hog Pard �. Road") and. =,Img along the northwesterly line of a right of way, hereinafter described, S. 44 deg. 3Z' 00" W. -two hundred fifteen (215) feet, after d Less, to Ordinary high water mark of orient Hay; thence narthwesterLy-alang said high water tack, seventy-nine (79) feet, =re err mss; thence along other Land o£ the pazty of the second part N. 44 deg. 3Z' 00" E.-230 feet mare or'Less to said South - said southwesterly Line iwesterLy line of Harbor Road; thence along s Barbar Aoad, S. 5T deg. 16ifty-two Jaf ' iv E. -seventy-seven and f feet to t gundreths (77.52) the paint of beginning. t of way from Harbor Asad to orient Hap: TQC with a nigh said right of way befog tea (ID} feet wide on its northeasterly end 1 where it adjoins said Harbor Road and fifty (50) feet wide On its the north - southwesterly end where it adjoins said orient Hay andithe premises westerly line of which is the southeasterly bOdmdary hereinabove described. QCT to aLl a£ the restricforth inthe t1oo contained and set - A - PAC - 2045 V A R I A N C E S E A R C It COUNTY OF SUFFOLK) SS: STA'L'E OF NEW YORK) JEANNE ANSTETT, BEING DULY sworn deposes and says: That she resides at 38G Marcy Avenue, Riverhead, New York and Is over the age of 21 years and that: she Is the office Manager of PECONIC ABSTRACT, INC., an(] that under tier direction title was examined to the parcels of .land described on the annexed schedules. That said examination made to include 5/.13/97 and said town to disclose if subject premises is in fact single and separate ownership as appears from the chains of title annexed hereto and that the effective date of the applicable Zoning Ordinance is 01/01/57. And that this affidavit is made to assist the Board of Zoning Appeals of the Town of SOUTHOLD and to reach any determination which requires as a basis therefore the information set forth herein and knowing full well that said Board will rely upon the truth thereof. PEGONIC ABSTRACT? INC. BY JEANNE ANSTETT OF`F I CE MANAGER SWORN TO BEFORE ME THIS 23RD DAY OF JUNE, 1997' LJJQ e--4- ,c,k-, C )CL( -47 NOTARY PUBLIC MICHELLE VAIL RK SUFFROLK COUNTY. No. 01VA e3F Y PUBLIC. STATE OF NEW �90 TERM EXPIRES DECEkW1-n 15, 19)_1 TITLE NUMBER: PAC -2045 SUBJECT PREMISES: 1000-27-4-1 JAMES F. DOUGLASS LILLIAN J. DOUGLASS, ITIS WIFE to HAROLD E. DADSON HAROLD E. DADSON to HAROLD E. DADSON AUDRA DADSON, ITIS WIFE JANE ELIZABETH Mcr_OLGAN to HAROLD E. DADSON HAROLD E. DADSON to 11AROLD E. DADSON, JR. AUDRA DADSON, ITIS WIFE HAROLD E. DADSON AUDRA DADSON, HIS WIFE to RICHARD NAGY ELEANOR NAGY, HIS WIFE RICHARD NAGY ELEANOR NAGY, HIS WIFE to R&E NAGY FAMILY PARTNERSHIP DEED DATED 9/22/55 RECORDED 9/2.8/55 LIBER 3983 PAGE 19.4_. ( (EASTERLY PART OF TAX LOT 1 & ALL OF TAX LOT 2.) DEED DATED 3/31/65 RECORDED 4/2/65 LIBER 5723 PAGE 157 DEE1) DA'Z'ED 9/22./55 r RECORDED 9/28/55 LIDER 3983 PAGE 2.0.1 (PART OF LOT 1 WESTERLY '79/240) DEED a` DATED 3/31/65 ' } RECORDED 4/2/65 LIBER 572.3 PAGE 153 DLED DA'Z'ED 1./22./70 RE,,CORDED 1/2.7/70 LIDER 6696 PAGE 41.9 DEED --� DA'Z'ED 10/8/92 RECORDED 7/7/93 LIBER 11635 PAGE 588 LAST DEED OF RECORD SWORN TO BEFORE ME THIS PECONIC ABS'CRACT, INC. 23RD DAY OF JUNE, 1997 , OKI- NOTARY KI NOTARY PUBLIC JEANNE ANSTETT j OFF CE MANAGER MICHELLE VAIL NOTARY PUBLIC, STATE OF NFW v)vK SUFFOLK COUNTY • NO 01 VA 49P')'38 TERN EXPIRES DECE1,10FR Iq 102 TITLE NUMBER: PAC -2045 SUBJECT PREMISES: 1000-27-4-2 JAMES F. DOUGLASS LILLIAN J. DOUGLASS, 1115 WIFE to HAROLD E. DADSON HAROLD E. DADSON to HAROLD E. DADSON AUDRA DADSON, HIS DEED DATED 9/22/55 RECORDED 9/28/55 LIBER 3983 PAGE 194 (EASTERLY PART OF TAX LOT 1 & ALL OF TAX LOT 2) DEED DATED 3/31/65 RECORDED 4/2/65 WIFE LIBER 5723 PAGE 157 JANE ELIZABETH McCOLGAN to HAROLD E. DADSON HAROLD E. DADSON to HAROLD E. DADSON, JR. AUDRA DADSON, HIS WIFE HAROLD E. DADSON, JR. AUDRA DADSON, HIS WIFE to RICHARD NAGY RICHARD NAGY to R&E NAGY FAMILY PARTNERSHIP SWORN TO BEFORE 14E THIS 23RD DAY OF JUNE, 1997 NOTARY PUBLIC MICHELLF VAIL NOTARY PUBLIC, STATE OF fli'VV'INRK SUFFOLK COUNTY - NO 01':? 34 TERM EXPIRES DECEI,111.''? ' r3 _% DEED DATED 9/22/55 RECORDED 9/28/55 LIBER 3983 PAGE 201 (PART OF LOT 1 WESTERLY 79/240) DEED DATED 3/31/65 RECORDED 4/2/65 LTBER 57 PAGt 153 DEED DA'Z'ED 10/1/71 RECORDED 10/8/71 LIBER 7024 PAGE 46 DEED DATED 10/8/92 RECORDED 7/7/93 LIBER 11635 PAGE 586 LAST DEED OE' RECORD PECONIC ABSTRACT, INC. / I / JEANNE ANSTETT I OFFICE MANAGER TITLE NUMBER: PAC -2045 SUBJECT PREMISES: 1000-27-4-3 JAMES F. DOUGLASS LILLIAN J. DOUGLASS, HIS WIFE to HAROLD E. DADSON HAROLD E. DADSON to !-HAROLD E. DADSON, JR. AUDRA DADSON, HIS WIFE HAROLD E. DADSON, JR. AUDRA Y. DADSON, HIS WIFE to ELEANOR NAGY ELEANOR NAGY to R&E NAGY FAMILY PARTNERSHIP DEED DATED 7./2/56 RECORDED 2/7/56 LIBER 4066 PAGE 503 DEED DATED 3/31/65. RECORDED 4/2/65 LIBER 5723 PAGE(159 DEED DATED 10/1/71 RECORDED 10/8/71 LIBER 7024 PAGE 42 LAST DEED OF RECORD SWORN TO BEFORE ME '1111S 23RD DAY OF JUNE, 1997 NOTARY PUBLIC -V MICKLLE VAIL NOTARY PUBLIC, STATE OF NEW YOLK SUFFOLK COUNTY. No.OIVA .t�-F; TERM EXPIRES DECEMBER n), 1.4) .1 DEED DATED 10/4/92 RECORDED 7/7/93 LIBER 11.635 PAGE,;" AGi; 587 PECONIC ABSTRACT, 1NC. y , s'ANNE ANsfrETT OFFICE MANAGER TITLE NUMBER: PAC -2095 WEST__.9F-SUBJEGT_ PREM I SES: 1000-2602092.002 r -- JAMES F. DOUGLASS LILLIAN J. DOUGLASS, HIS FRANCES E. DOUGLASS t0 MAUDE E. LATHAM f v DEED WIFE DA'Z'ED 8/9/53 RECORDED 8/28/53 LIBER 3570 PAGE 283 (PREMISES AND MORE) MAUDE E. LATHAM t0 N. DOUGLAS LATHAM AUDREY E. LATHAM, HIS WIFE NELSON DOUGLAS LATHAM a/k/a N. DOUGLAS LATHAM AUDREY E. LATHAM t0 MAJOR ASSOCIATES MAJOR ASSOCIATES t0 DERRICK D. CEPHAS DONNA SISSELMAN CEPHAS, HIS WIFE SWORN TO BEFORE ME THIS 23RD DAY OF JUNE, 1997 DEED DA'Z'ED 8/1/72 RECORDED 9/5/72 LIBER 7233 PAGE 259 DEED DATED 6/20/89 RECORDED 7/7/09 LIBER 10891 PAGE 178 (PREMISES AND MORE) DEED DATED 12/27/91 RECORDED 1/9/92 LIBER 11399 PAGE 289 LAST DEED OF RECORD NOTARY PUBLIC MICHELLE VAIL NOTARY PUBLIC, STATE OF HEV! YOPK SUFFOLK COUNTY •NO DIVA49POIA IERIA EXPIRES DECEIAREl1 16. I?1.._ PECONIC ABSTRACT, INC. JEANNE ANSTETT OFFICE MANAGER TITLE NUMBER: PAC -2095 EAST OF SUBJECT PREMISES: 1000-27-9-9 ASSESSED TO JAMES DOUGLAS NORTH OF SUBJECT PREMISES: SOUT11 OF SUBJECT PREMISES: SWORN TO BEFORE ME T11 I S 23RD DAY OF JUNE, 1997 NOTARY PUBLIC MICHELLE VAIL NOTARY PUBLIC. STATE Of NEW YORK SUEEOLK COUNTY • 1`10 OIVA An'1799 TERN EXPIRES UECEMItT it i. t 11 ] RIGHT OF WAY HARBOR ROAD ORIENT HARBOR PECONIC ABSTRACT, INC. l JEANN9 ANST'ETT (OFFICE MANAGER