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HomeMy WebLinkAbout4654��a ���s/�eeENX®�"h a� z �� �'� sE /?,�1.. a/a3 f 9 9 yAPPALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning ��o��SUFFOI,�-COG y< N x W • `F BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION SPECIAL MEETING OF MARCH 4, 1999 Appl. No. 4654 — MILES D. GORENKOFF. D.M.D. Parcel: 14216 Main Road, Mattituck 1000-140-3-26.2 Zone District: RO Residential Office Date of Public Hearing: February 23, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: This property is located along the north side of the Main Road (a/k/a NYS Route 25), in Mattituck and is zoned Residential -Office. The lot is vacant with a total lot area of 40,000.83 sq. ft. and lot width (road frontage) of 100.12 feet. BASIS OF APPLICATION: Southold Town Zoning Code, Chapter 100, Article VII, Section 100- 716(2) for permission to establish Professional Office Use as the principal use. APPLICANT'S REQUEST: The proposed 1600 s.f. principal building is planned with a front yard setback at 52 feet from the front property line (bordering existing concrete side walk). The easterly side yard setback is proposed at 15 feet. Site elements such as parking will be determined by the Southold Town Planning Board as provided under the site plan regulations of the Zoning Code. REASONS FOR BOARD ACTION: On the basis of testimony presented and personal inspection, the Board makes the following findings: A) This Professional Office Use will not prevent the orderly and reasonable in this Residential Office Zone District and adjacent districts. B) This Professional Office Use will not prevent orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts; C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location; D) The proposed Professional Office Use is in harmony with and will promote the general purposes and intent of the code; Page 2 — Appl. No. 4654 �Dr. M. D. Gorenkoff March 4, 1999 ZBA Meeting E) The use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regarding to visibility, scale and overall appearance. F) The structures, equipment and material will be accessible for emergency protection. In making this determination, the Board has also reviewed the following considerations and finds that no adverse conditions will result from this authorization: A. There will be no adverse change in the character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of such permitted uses. B. Property values will be conserved. Professional Office use is encouraged and allowed by Special Exception approval from the Board of Appeals. C. There is no evidence to show that the location of the proposed use and entrances and exits would create vehicular traffic congestion on public streets, highways or sidewalks. D. There is availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) as a result of this office use. E. The use or the materials incidental thereto will not give off obnoxious gases, odors, smoke or soot. F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. The operation of professional offices will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, existing or proposed by the town or by other competent governmental agencies. H. The necessity for bituminous -surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located, and by approval of the Southold Town Planning Board under the site plan regulations. I. There is no evidence to show that there will be any hazard to life, limb or property because of fire, flood, erosion or panic by reason of or as a result of the use or by the building to be used, or by the accessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus. There will not be undue concentration or assemblage of persons upon such plot in the normal activities of a professional office business. J. The use and the building to be used therefor will not cause an overcrowding of land or undue concentration of population. K. The plot area is sufficient, appropriate and adequate for this professional office use Page 3 — Appl. No. 4654 ,Dr. M. D. Gorenkoff March 4, 1999 ZBA Meeting L. The use is not unreasonably near to a church, school, theater, recreational area or other place of public assembly. M. The site of the proposed use is particularly suitable for professional offices. N. No evidence has been presented to show that there would be any detrimental impact to adjacent properties and land uses. O. Adequate provision has been made for the collection and disposal of storm -water runoff, sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this project. P. The natural characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the application as applied for, SUBJECT TO THE FOLLOWING CONDITION: The applicant shall provide an evergreen buffer beginning at the northwest corner of the property line and continuing east for a distance of 108 feet. The buffer shall be a random planting of six-foot high evergreens, spaced eight feet apart, approximately 6 to 10 feet from the rear yard property line. The evergreen plantings shall be permanently maintained. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, AND COLLINS. (Member Horning of Fishers Island was absent -excused). This Resolution was duly adopted (4- 0). ----- GERARD P. GOEHRING CHAIRMAN For Filing 3/8/99 Town C1 rk ra::n of f'.ctit:.ic= 4 NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS TUESDAY, FEBRUARY 23, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 15971, on TUESDAY, FEBRUARY 23, 1999 at the time noted below (or as soon thereafter, as possible): 6:50 p.m. Appl. No. 4654 — MILES D. GORENKOFF, D.M.D. This is a request for Special Exception, Article VII, Section 100-71B(2) for permission to establish Professional Office Use, as provided by Article VII, Section 100-71B(2) of the Zoning Code. Location of Property: 14216 Main Road, Mattituck, NY; Parcel 1000-140-3-26.2. Zone District: RO Residential -Office, The Board of Appeals will at said time and place hear any and all persons or representative desiring to be heard in the above application or desiring to submit written, statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: February 3, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN k -tet '1719'9 TOWN gym, TOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION "Irr.rivrM Application No. Llov Date Filed: tr7l q f JAN 7'1999, 6y � u -A TO THE ZONING BOARD OF APPEALS, $G> KGIMf �(Ir' 5t 940 ORK: s �� � Psi L MILES GORENKOFF DMD of 13775 Sound Avenue Box 1414 Mattituck NY 11952 (telephone #298-48841 hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE VII, SECTION 100-71, SUBSECTION B(2) for the below -described property for the following uses and purposes (and as shown on the attached pian drawn to scale): Construction of a one-story 1600 sq.ft. professional office on a .918A parcel located on the north side of Main Read 313.52' west of le Street, Mattimck. The site is zoned "RO" (Residential Office). The proposed pian provides for 10 parking spaces, There will be no significant clearing or re -grading of the site. The proposed use is as an orthodontic office. Robert CTreeves and Carole M Greeves,are the owners of property known and referred to as 14216 Main Road, Mattituck identified on the Suffolk County Tax Maps as District 1000, Section 146B1ock l Lot 262; which is not on a subdivision Map( MOTE: subject property is part of set-off approved by the Southold Town Planning Board on 12/17/85). The above-described property was acquired by the owner on 7/28/88. B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: 1) The proposed use as an orthodontic office is consistent with the mixed-use nature of the area, as other professional and commercial uses exist within the vicinity. 2) The traditional design, scale and building materials of the proposed structure is intended to be consistent with the residential nature of the area. 3) Proposed parking is situated to the rear of the building. Proposed site lighting has been designed so as to provided on-site illumination only. 4) Office hours are proposed during normal business hours. Evening activities are not anticipated. C. The property which is the subject of this application is zoned RD and is vacant land. COUNTY OF SUFFOLK) ss.: STATE OF NEW YORK) (Signature) Sworn to before me this %qday of a 999 (Notary Public) Nam Public, tate a: Neva Y®rN. No 4935392 Qu 4'a in des JV1y 9 ', — cat»rnissia^ Exp -z lcc)o I TOWN OF SOUTHOLD PROPERTY RECORD CARD I OWNER STREET VILLAGE rDIST SUB. LOT L ACR. REMARKS TYPE OF BLD. C 4L- PROP. CLASS LAND IMP. TOTAL DATE --s t4. 9k 6012 6012 y4l Y FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH 7 MEADOWLAND BULKHEAD HOUSE/LOT TOTAL I,- U K� k i R.o A-0 RT :L21 5 A ��of'6 DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals � 1 T COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE March 24, 1999 i ��c��c; PD)RE� N G �� I Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Trupia, Maria 4644 Hands, Jr., William A. 4651 v6orenkoff D.M.D., Miles D. 4654 Heffernan, Richard 4657 Bartos, Jeanne Sweet 4658 Gremler, William 4659 Violett, Ellen 4661 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc Q11 I I CCIZONINGIZONINGIWORKINGLLDSIMAR1SD4644.MAR LOCAMON MAILING ADDRESS H. LEE DENNISON BLDG. - 47H FLOOR ■ P. O. BOX 6100 ■ (5 1 6) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1788-0099 TELECOPIER (5 1 6) 853-4044 BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Camiission: Variance from the Zoning Code, Article , Section Variance from Determination of Southold Town Building Inspector XX Special Exception, Article VII Section 100-718(2) Special Permit Appeal No: 4654 Applicant: Miles D. Gorenkoff, D,M,D, Location of Affected Land: 14216 Main Rd., Mattituck, NY County Tax Map Item No.: 10 00 - 140-3-26.2 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) _x State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area . Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.. to establish a Professional Office Use Copies of Town file and related documents enclosed for your review. Dated: March %�1, 1999 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning °�oSUFFoc,��oG 0 N x BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION SPECIAL MEETING OF MARCH 4, 1999 Appl. No. 4654 — MILES D. GORENKOFF, D.M.D. Parcel: 14216 Main Road, Mattituck 1000-140-3-26.2 Zone District: RO Residential Office Date of Public Hearing: February 23, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: This property is located along the north side of the Main Road (a/k/a NYS Route 25), in Mattituck and is zoned Residential -Office. The lot is vacant with a total lot area of 40,000.83 sq. ft. and lot width (road frontage) of 100.12 feet. BASIS OF APPLICATION: Southold Town Zoning Code, Chapter 100, Article VII, Section 100- 716(2) for permission to establish Professional Office Use as the principal use. APPLICANT'S REQUEST: The proposed 1600 s.f. principal building is planned with a front yard setback at 52 feet from the front property line (bordering existing concrete side walk). The easterly side yard setback is proposed at 15 feet. Site elements such as parking will be determined by the Southold Town Planning Board as provided under the site plan regulations of the Zoning Code. REASONS FOR BOARD ACTION: On the basis of testimony presented and personal inspection, the Board makes the following findings: A) This Professional Office Use will not prevent the orderly and reasonable in this Residential Office Zone District and adjacent districts. B) This Professional Office Use will not prevent orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts; C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location; D) The proposed Professional Office Use is in harmony with and will promote the general purposes and intent of the code; P,sge 2 — ApPI. No. 4654 Dr. M. D. Gorenkoff ' March 4,1999 ZBA Meeting E) The use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regarding to visibility, scale and overall appearance. F) The structures, equipment and material will be accessible for emergency protection. In making this determination, the Board has also reviewed the following considerations and finds that no adverse conditions will result from this authorization: A. There will be no adverse change in the character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of such permitted uses. B. Property values will be conserved. Professional Office use is encouraged and allowed by Special Exception approval from the Board of Appeals. C. There is no evidence to show that the location of the proposed use and entrances and exits would create vehicular traffic congestion on public streets, highways or sidewalks. D. There is availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) as a result of this office use. E. The use or the materials incidental thereto will not give off obnoxious gases, odors, smoke or soot. F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. The operation of professional offices will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, existing or proposed by the town or by other competent governmental agencies. H. The necessity for bituminous -surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located, and by approval of the Southold Town Planning Board under the site plan regulations. I. There is no evidence to show that there will be any hazard to life, limb or property because of fire, flood, erosion or panic by reason of or as a result of the use or by the building to be used, or by the accessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus. There will not be undue concentration or assemblage of persons upon such plot in the normal activities of a professional office business. I The use and the building to be used therefor will not cause an overcrowding of land or undue concentration of population. K. The plot area is sufficient, appropriate and adequate for this professional office use. Page 3 — Appl. No. 4654 Dr. M. D. Gorenkoff Match 4,1999 ZBA Meeting L. The use is not unreasonably near to a church, school, theater, recreational area or other place of public assembly. M. The site of the proposed use is particularly suitable for professional offices. N. No evidence has been presented to show that there would be any detrimental impact to adjacent properties and land uses. O. Adequate provision has been made for the collection and disposal of storm -water runoff, sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this project. P. The natural characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the application as applied for, SUBJECT TO THE FOLLOWING CONDITION: The applicant shall provide an evergreen buffer beginning at the northwest corner of the property line and continuing east for a distance of 108 feet. The buffer shall be a random planting of six-foot high evergreens, spaced eight feet apart, approximately 6 to 10 feet from the rear yard property line. The evergreen plantings shall be permanently maintained. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, AND COLLINS. (Member Horning of Fishers Island was absent -excused). This Resolution was duly adopted (4- 0). A / G*_P0kRlJ P. GOEHRINGER CHAIRMAN For Filing 3/8/99 04Y3 R 03 ►, : Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning 3FF01�coG o coo Z W � oy��l BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION SPECIAL MEETING OF MARCH 4, 1999 Appl. No. 4654 — MILES D. GORENKOFF, D.M.D. Parcel: 14216 Main Road, Mattituck 1000-140-3-26.2 Zone District: RO Residential Office Date of Public Hearing: February 23, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: This property is located along the north side of the Main Road (a/k/a NYS Route 25), in Mattituck and is zoned Residential -Office. The lot is vacant with a total lot area of 40,000.83 sq. ft. and lot width (road frontage) of 100.12 feet. BASIS OF APPLICATION: Southold Town Zoning Code, Chapter 100, Article VII, Section 100- 716(2) for permission to establish Professional Office Use as the principal use. APPLICANT'S REQUEST: The proposed 1600 s.f. principal building is planned with a front yard setback at 52 feet from the front property line (bordering existing concrete side walk). The easterly side yard setback is proposed at 15 feet. Site elements such as parking will be determined by the Southold Town Planning Board as provided under the site plan regulations of the Zoning Code. REASONS FOR BOARD ACTION: On the basis of testimony presented and personal inspection_, the Board makes the following findings: A) This Professional Office Use. will not prevent the orderly and reasonable in this Residential Office Zone District and adjacent districts. B) This Professional Office Use will not prevent orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts; C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location; D) The proposed Professional Office Use is in harmony with and will promote the general purposes and intent of the code; ,Page 2 — Appl. No. 4654 Dr. M. ). Gorenkoff March 4, 1999 ZBA Meeting E) The use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regarding to visibility, scale and overall appearance. F) The structures, equipment and material will be accessible for emergency protection. In making this determination, the Board has also reviewed the following considerations and finds that no adverse conditions will result from this authorization: A. There will be no adverse change in the character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of such permitted uses. B. Property values will be conserved. Professional Office use is encouraged and allowed by Special Exception approval from the Board of Appeals. C. There is no evidence to show that the location of the proposed use and entrances and exits would create vehicular traffic congestion on public streets, highways or sidewalks. D. There is availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) as a result of this office use. E. The use or the materials incidental thereto will not give off obnoxious gases, odors, smoke or soot. F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. The operation of professional offices will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, existing or proposed by the town or by other competent governmental agencies. H. The necessity for bituminous -surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located, and by approval of the Southold Town Planning Board under the site plan regulations. I. There is no evidence to show that there will be any hazard to life, limb or property because of fire, flood, erosion or panic by reason of or as a result of the use or by the building to be used, or by the accessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus. There will not be undue concentration or assemblage of persons upon such plot in the normal activities of a professional office business. J. The use and the building to be used therefor will not cause an overcrowding of land or undue concentration of population. K. The plot area is sufficient, appropriate and adequate for this professional office use. „Page 3 — Appl. No. 4654 Dr. MAD. Gorenkoff March 4, 1999 ZBA Meeting L. The use is not unreasonably near to a church, school, theater, recreational area or other place of public assembly. M. The site of the proposed use is particularly suitable for professional offices. N. No evidence has been presented to show that there would be any detrimental impact to adjacent properties and land uses. O. Adequate provision has been made for the collection and disposal of storm -water runoff, sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this project. P. The natural characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the application as applied for, SUBJECT TO THE FOLLOWING CONDITION: The applicant shall provide an evergreen buffer beginning at the northwest corner of the property line and continuing east for a distance of 108 feet. The buffer shall be a random planting of six-foot high evergreens, spaced eight feet apart, approximately 6 to 10 feet from the rear yard property line. The evergreen plantings shall be permanently maintained. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, AND COLLINS. (Member Horning of Fishers Island was absent -excused). This Resolution was duly adopted (4- 0). GERARD P. GOEHRING h:. CHAIRMAN For Filing 3/8/99 March 9, 1999 Mrs. Catherine Mesiano 12 Mill Pond Lane East Moriches, NY 11940 Re: Appl. No. 4654 - Special Exception (Dr. M. Gorenkoff) Dear Mrs. Mesiano: Enclosed please find a copy of the Appeals Board's approval with Condition granted on March 4, 1999. Please be sure to follow-up with the Building Department and Planning Board Offices regarding other approvals which would apply. A copy of this determination has been furnished to both the Planning Board and Building Department for their permanent files and update. Very truly yours, Linda Kowalski Board Secretary Enclosure Copy of Decision to: Planning Board Building Department Filed with Town Clerk 3/8/99 11 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning �o�oS1FFot,��o � y�G o - W = BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION SPECIAL MEETING OF MARCH 4, 1999 Appl. No. 4654 — MILES D. GORENKOFF, D.M.D. Parcel: 14216 Main Road, Mattituck 1000-140-3-26.2 Zone District: RO Residential Office Date of Public Hearing: February 23, 1999 FINDINGS OF FACT Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 PROPERTY FACTS/DESCRIPTION: This property is located along the north side of the Main Road (a/k/a NYS Route 25), in Mattituck and is zoned Residential -Office. The lot is vacant with a total lot area of 40,000.83 sq. ft. and lot width (road frontage) of 100.12 feet. BASIS OF APPLICATION: Southold Town Zoning Code, Chapter 100, Article VII, Section 100- 716(2) for permission to establish Professional Office Use as the principal use. APPLICANT'S REQUEST: The proposed 1600 s.f. principal building is planned with a front yard setback at 52 feet from the front property line (bordering existing concrete side walk). The easterly side yard setback is proposed at 15 feet. Site elements such as parking will be determined by the Southold Town Planning Board as provided under the site plan regulations of the Zoning Code. REASONS FOR BOARD ACTION: On the basis of testimony presented and personal inspection_, the Board makes the following findings: A) This Professional Office Use will not prevent the orderly and reasonable in this Residential Office Zone District and adjacent districts. B) This Professional Office Use will not prevent orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts; C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location; D) The proposed Professional Office Use is in harmony with and will promote the general purposes and intent of the code; Page 2 — Appl. No. 4654 Dr. M. D. Gorenkoff March 4, 1999 ZBA Meeting E) The use is compatible with its neighborhood and of the community in general, overall appearance. surroundings and with the character of the particularly with regarding to visibility, scale and F) The structures, equipment and material will be accessible for emergency protection. In making this determination, the Board has also reviewed the following considerations and finds that no adverse conditions will result from this authorization: A. There will be no adverse change in the character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of such permitted uses. B. Property values will be conserved. Professional Office use is encouraged and allowed by Special Exception approval from the Board of Appeals. C. There is no evidence to show that the location of the proposed use and entrances and exits would create vehicular traffic congestion on public streets, highways or sidewalks. D. There is availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) as a result of this office use. E. The use or the materials incidental thereto will not give off obnoxious gases, odors, smoke or soot. F. The use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. The operation of professional offices will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, existing or proposed by the town or by other competent governmental agencies. H. The necessity for bituminous -surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located, and by approval of the Southold Town Planning Board under the site plan regulations. I. There is no evidence to show that there will be any hazard to life, limb or property because of fire, flood, erosion or panic by reason of or as a result of the use or by the building to be used, or by the accessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus. There will not be undue concentration or assemblage of persons upon such plot in the normal activities of a professional office business. I The use and the building to be used therefor will not cause an overcrowding of land or undue concentration of population. K. The plot area is sufficient, appropriate and adequate for this professional office use. Page 3 — Appl. No. 4654 Dr. M. D. Gorenkoff March 4, 1999 ZBA Meeting L. The use is not unreasonably near to a church, school, theater, recreational area or other place of public assembly. M. The site of the proposed use is particularly suitable for professional offices. N. No evidence has been presented to show that there would be any detrimental impact to adjacent properties and land uses. O. Adequate provision has been made for the collection and disposal of storm -water runoff, sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this project. P. The natural characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the application as applied for, SUBJECT TO THE FOLLOWING CONDITION: The applicant shall provide an evergreen buffer beginning at the northwest corner of the property line and continuing east for a distance of 108 feet. The buffer shall be a random planting of six-foot high evergreens, spaced eight feet apart, approximately 6 to 10 feet from the rear yard property line. The evergreen plantings shall be permanently maintained. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, AND COLLINS. (Member Horning of Fishers Island was absent -excused). This Resolution was duly adopted (4- 0). GERARD P. GOEHRINGEA CHAIRMAN For Filing 3/8/99 Page 3 — Appl. No. 4654 Dr. M. D. Gorenkoff March 4, 1999 ZBA Meeting L. The use is not unreasonably near to a church, school, theater, recreational area or other place of public assembly. M. The site of the proposed use is particularly suitable for professional offices. N. No evidence has been presented to show that there would be any detrimental impact to adjacent properties and land uses. O. Adequate provision has been made for the collection and disposal of storm -water runoff, sewage, refuse, solid, and liquid waste. There will be no gaseous waste generated from this project. P. The natural characteristics of the site are such that the proposed use may be introduced without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the application as applied for, SUBJECT TO THE FOLLOWING CONDITION: The applicant shall provide an evergreen buffer beginning at the northwest corner of the property line and continuing east for a distance of 108 feet. The buffer shall be a random planting of six-foot high evergreens, spaced eight feet apart, approximately 6 to 10 feet from the rear yard property line. The evergreen plantings shall be permanently maintained. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, AND COLLINS. (Member Horning of Fishers Island was absent -excused). This Resolution was duly adopted (4- 0). /Z" -- j GERARD P. GOEHRING CHAIRMAN For Filing 3/8/99 Town Clerk, Town of Sout�,olc' IL i!C �0 f FEB Mr. & Mrs. Charles J. Zahra P.O. Box 1137 Mattituck, NY 11952 February 22, 1999 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman P.O. Box 11971 Southold, NY 11971 Re: Appeal 44654 Miles D. Gorenkoff, DMD Dear Mr. Goehringer: As per our telephone conversation regarding the above referenced matter, We hereby state that we have no objection to the proposed building or improvement of the property adjoining ours. Our only concern is privacy. We would like to request to the Zoning Board that an evergreen buffer be planted to insure noise barrier and privacy for our backyard, not to mention protection for our grandchildren. Should you require anything further, please do not hesitate to contact us at the above address or by telephone at 516-298-1733. Thank you for any consideration you may show this request. Very truly yours, 960-m—/+� Jean T. Zahra )SS: Q 3&rof Mattituck, ,orn, says that he 1E SUFFOLK TB Lblished at Mattiti ., County of Suffc 1 that the Notice o: ted copy, has bees A Newspaper one weeks sucm the In 99-q--. Principal is / 7Z;L 19-gi MARY DIANA UTARY P1 IRI W. ST11 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER / lro F III ', OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: January 8 1999 RE: Zoning Appeal No. 4654 - Miles D. Corenkoff, DMD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted herewith is Zoning Board Of Appeals Application 4654 - Miles D. Corenkoff. Also included is Letter Of Authorization, Short Environmental Assessment Form, Z.B.A. Questionnaire, copy of Deed, copy of Contract Of Sale, Applicant Transactional Disclosure Form, Survey and Plans. e- - ZX -"d '4� ) po-� Z -a- - 1'1�/,7 - . A�1-11 #- 9 7 /P DATE: SELLER: PURCHASER: PREMISES AT: June 30, 1998 ROBERT GREEVES and CAROLE M. GREEVES MILES GORENKOFF 14216 Main Road, Mattituck, New York 11952 FIRST: BUILDABLE LOT This contract is contingent upon Purchaser obtaining, at his cost and expense within 6 months of contract, a special exception from the Southold Town Zoning Board of Appeals and site plan approval from the Southold Town Planning Board for a professional office building (dentist's office) on the premises. Purchaser agrees to diligently pursue the obtaining of such approvals. Purchaser agrees to submit plans which conform to the zoning code of the Town of Southold, including setbacks and lot coverage. Purchaser shall also be responsible for obtaining approval from the Suffolk County Department of Health. If such permit is not obtained by said date but Purchaser has proceeded diligently and failure to obtain same has been the result of regulatory agency or municipal delays, Seller shall extend the contingency period for an additional thirty (30) days. In the event such permit is not obtained within 6 months of contract (or 7 months if applicable), Seller may terminate this contract, in which event Seller shall refund to Purchaser his downpayment, whereupon the contract shall be considered terminated and neither party shall have any further rights against the other. SECOND: SUBJECT TO (a) Subject to covenants, utility and reservations of record, if any. (b) Subject to any state of facts provided same does not render title THIRD: INSPECTION AND AS IS easements, restrictions, agreements an accurate survey may show unmarketable. Purchaser represents that he has inspected the premises and is fully familiar with the condition thereof and take same "as is" as of the date of this contract, reasonable wear and tear excepted to the'date of closing, the Seller, his agents or brokers having made no representation in connection therewith. This is vacant land. FOURTH: NOTICE Any notice to be given under this contract shall be given in writing addressed to the attorney for the party to be notified. The parties hereto acknowledge that their respective counsel's letters and written agreements between counsel shall be binding upon the parties to this agreement. FIFTH: DELIVERY OF DEED Anything to the contrary herein contained notwithstanding, it is specifically understood and agreed by the parties hereto that the acceptance and delivery of the deed at the time of closing of title hereunder, without a specific written agreement which by its terms shall survive such closing of title, shall be deemed to constitute full compliance by the Sellers with the terms, covenants and conditions of this contract on his part to be performed. It is further agreed that none of the terms hereof, except those specifically stated to survive closing of title, shall survive such title closing. SIXTH: TITLE EXAMINATION AND OBJECTIONS In the event title examination discloses any objections to title the Sellers shall be entitled to a reasonable adjournment of the title , closing date in which to cure such objections. Nothing herein contained, however, shall be deemed to obligate the Seller to undertake any actions or other proceedings to cure title defects, and in the event for any reason whatsoever, the Seller shall be unable to deliver title to the premises as herein specified, the sole remedy of the Purchaser will be to accept such title as the Seller shall be able to deliver, without abatement in the purchase price, or, in the alternative, to cancel this agreement and receive a refund of the contract payment made hereunder, together with the net charges actually charged to the Purchasers for the examination of title, without insurance, by a title company, which:is a member of the Board of Title Underwriters licensed to do business in the State of New York, and the cost of a survey. Any objections to the title that may be cured by the payment of a sum of money shall not be a ground for rejection of title, but the Seller may at the time of closing of title deposit with the title company a sum of money sufficient for the purpose of curing said defect. SEVENTH: CONTRACT ESCROW STATEMENT The sum paid as a contract deposit on the signing of this contract shall be held in escrow by the Sellers' attorney until closing. Seller's attorney shall have the right to place the downpayment in an IOLA account, with the interest to be paid pursuant to regulations affecting said accounts, or to place the downpayment in an interest bearing account, with the interest to be paid to the party entitled to the downpayment upon closing of title or other cancellation of contract. EIGHTH: FAILURE TO NEGOTIATE CONTRACT DEPOSIT The Purchaser agrees that the refusal of payment on first presentation of Purchaser's check for downpayment herein shall give the Seller the right to cancel this contract forthwith and recover such damages as Seller may have sustained. NINTH: LITIGATION AND WAIVER In the event of any legal proceeding or litigation between the parties hereto arising out of this contract for the sale of the within premises, each of the parties hereto hereby waive the right to a trial by jury in such legal proceeding or litigation. TENTH: FRANCHISE TAX Franchise tax against any corporation in the chain of title shall not be deemed an objection to title provided the title company insuring title to the premises on behalf of the Purchaser will insure against the collection of same out of the premises. ELEVENTH: ASSIGNMENT Purchaser represents, warrants and agrees that he is purchasing the premises for his own use and occupancy and he hereby agrees not to assign this contract without the Seller's written consent. Any such assignment without Seller's written consent shall be deemed null and void. TWELFTH: LIQUIDATED DAMAGES It is understood and agreed between the parties hereto that if the purchaser defaults under the terms of this contract, the downpayment shall become the sole property of the seller, as and for liquidated damages, it being agreed that seller's damages would be difficult or impossible to ascertain and that such sum would constitute a fair and reasonable measure of damages in the circumstances, and the purchaser shall have no further claim thereto and thereupon this agreement shall come to an end and become null and void. THIRTEENTH: BROKER The Purchaser represents that no broker introduced him to the premises or to the Seller or was in any way instrumental in bringing about this sale to him, except COLDWELL BANKER/CELIC with full knowledge that the Seller relies upon the truth of this representation in agreeing to enter into this contract to sell the premises to the Purchaser for the consideration stated. The Purchaser shall save the Seller harmless and indemnify the Seller from any and all broker's commissions not referred to herein that may arise from the acts of Purchaser or their representatives, or that may be claimed against the Seller, by, through or on account of any acts of the Purchaser or their representatives, or all of these. The provisions of this clause shall survive title closing and delivery of the deed hereunder. -Z6L�0� ROBERT GRE ES, Seller 0 e) Social Security Number CAROLE /Q].. GREEVES, Seller O -7 -7 - S' to Y-'� J Social Security Number j-conrider-rdrgreev - MILES GO ENKO , Purchaser 0 9r- 3 6 -6 L- (( Social Security Numb&r such iitle'as any approved �titl- -ompany having an office in Suffolk Count shall be willing to approve and insure to accordance with its si'andard form of title policy approved by the New York State Insurance Department, subject only to the matters provided for in this contract. 14. Closing, Deed and Title. (a) "Closing" means the settlement of the obligations of Seller and Purchaser to each other under this contract, including the payment of the purchase price to Seller, and the delivery to Purchaser of a Bargain & Sale with Covenants against Grantor's Acts deed in proper statutory short form for record, duly executed and ackno"vledged, so as to convey to Purchaser fee simple title to the Premises, free of all encumbrances, except as otherwise herein stated. The deed shall contain a covenant by Seller as required by subd. 5 of Section 13 of the Lien Law. (b) If Seller is a corporation, it shall deliver to Purchaser at the time of Closing (i) a resolution of its Board of Directors authoriz- ing the sale and delivery of the deed, and (ii) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that Section. 15. Closing Date and Place. Closing shall take place at the office of Wickham, Wickham & Bressler, P.C., 10315 Main Road, Mattituck, New York 11952 at =J& o n or about Jan. 2 19 99 or, upon reasonable notice (by telephone or otherwise) by Pur- chaser, at the office of 16. Conditions to Closing. This contract and Purchaser's obliga- tion to purchase the Premises are also subject to and conditioned upon the fulfillment of the following conditions precedent: (a) The accuracy, as of the date of Closing, of the representa- tions and warranties of Seller made in this contract. - (b) The deliyeFy b SelleF t Certificate of occupancy or other required ccrti ' com- pliance, or evidence that none was re covering the build- ing(s) and all of the other ' ements located on the property authorizin e se as a family dwel- ' g. (c) The delivery by Seller to Purchaser of a duly executed and sworn affidavit (in form prescribed by law) claiming exemption of the sale contemplated hereby, if such be the case, under Article 31-B of the Tax Law of the State of New York and the Regula- tions promulgated thereunder, as the same may be amended from time to time (collectively the "Gains Tax Law"); or if such sale shall not be exempt under the Gains Tax Law, Seller and Pur- chaser agree to comply in a timely manner with the requirements of the Gains Tax Law and, at Closing, Seller shall deliver to Pur- chaser (i) an official return showing no tax due, or (ii) an official return accompanied by a certified or official bank check drawn on a New York State banking institution payable to the order of the New York State Department of Taxation and Finance in the amount of the tax shown to be due thereon. Seller shall (x) pay promptly any additional tax that may become due under the Gains lax Law, together with interest and penalties thereon, if any, which may be assessed or become due after Closing, and, or exe- cute any other documents that may be required in respect thereof, and (y) indemnify, defend and save Purchaser harmless from and against any of the foregoing and any damage, liability, cost or expense (including reasonable attorneys' fees) which may be suf- fered or incurred by Purchaser by reason of the nonpayment there- of. The provisions of this subparagraph (c) shall survive Closing. (d) The delivery by Seller to Purchaser of a certification stating that Seller is not a foreign person, which certification shall be in the form then required by FIRPTA. If Seller fails to deliver the aforesaid certification or if Purchaser is not entitled under FIRPTA to rely on such certification. Purchaser shall deduct and withhold from the purchase price a sum equal to 10% thereof (or any lesser amount permitted by law) and shall at Closing remit the withheld amount with the required forms to the Internal Revenue Service. ments comprising a part thereof in broom clean condition cant and free of leases or tenancies, together with keys to remises. (f) All plumbing (including water supply a eptic systems, if any), heating and air conditioning, if an ectrical and mechani- cal systems, equipment and machi in the building(s) located on the property and all appli es which are included in this sale being in working order the date of Closing. (g) If the Pre are a one or two family house, delivery by the parties osing of affidavits in compliance with state and local requirements to the effect that there is installed in the (h) The delivery by the parties of any other affidavits required as a condition of recording the deed. 17. Deed Transfer and Recording Taxes. At Closing, certified or official bank checks payable to the order of the appropriate State, City or County officer in the amount of any applicable transfer and 'or recording tax payable by reason of the delivery or record- ing of the deed or mortgage, if any, shall be delivered by the party recording tax, --her with any required tax returns duly exe- cuted and swor and such party shall cause any such checks and returns to -- uelivered to the appropriate officer promptly after Closing. The obligation to pay any additional tax or defi- ciency and any interest or penalties thereon shall survive Closing. 18. Apportionments and Other Adjustments; Water Meter and Installment Assessments. (a) To the extent applicable, the follow- ing shall be apportioned as of midnight of the day before the day of Closing: 1 �(i) taxe�sx on the basis of the tf>� or w t s sed; (u) t x�Qext�ctt���xi�cix �4 ieifix � rcdi � � mit �x �� ��aaxxa X�4 � �v9 x>za tt� Qdtgx}�ctC}{�MxiMxcc�txd: asv�tffixtrvltg¢s>irdc (b) If Closing shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the tax rate for the immediately preceding fiscal period applied to the latest assessed valuation. (c) If there is a water meter on the Premises, Seller shall furnish a reading to a date not more than 30 days before Closing and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last reading. (d) If at the date of Closing the Premises are affected by an assessment which is or may become payable in annual install- ments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid installments shall be considered due and shall be paid by Seller at or prior to Closing. (e) Any errors or omissions in computing apportionments or other adjustments at Closing shall be corrected within a reason- able time following Closing. This subparagraph shall survive Closing. 19. Allowance for Unpaid Taxes, etc. Seller has the option to credit Purchaser as an adjustment to the purchase price with the amount of any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five business days after Closing, provided that official bills therefor computed to said date are produced at Closing. 20. Use of Purchase Price to Remove Encumbrances. If at Clos- ing there are other liens or encumbrances that Seller is obligated to pay or discharge, Seller may use any portion of the cash bal- ance of the purchase price to pay or discharge them, provided Seller shall simultaneously deliver to Purchaser at Closing instru- ments in recordable form and sufficient to satisfy such liens or encumbrances of record, together with the cost of recording or filing said instruments. As an alternative Seller may deposit suffi- cient monies with the title insurance company employed by Pur- chaser acceptable to and required by it to assure their discharge, but only if the title insurance company will insure Purchaser's title clear of the matters or insure against their enforcement out of the Premises and will insure Purchaser's Institutional Lender clear of such matters. Upon notice (by telephone or otherwise), given not less' than 3 business days before Closing, Purchaser shall provide separate certified or official bank checks as requested to assist in clearing up these matters. 21. Title Examination; Seller's Inability to Convey; Limitations of Liability. (a) Purchaser shall order an examination of title in respect of the Premises from a title company licensed or autho- rized to issue title insurance by the New York State Insurance Department or any agent for such title company promptly after the execution of this contract or, if this contract is subject to the mortgage contingency set forth in paragraph 8, after a mortgage commitment has been accepted by Purchaser. Purchaser shall cause a copy of the title report and of any additions thereto to be delivered to the attorney(s) for Seller promptly after receipt thereof. (b)(i) If at the date of Closing Seller is unable to transfer title to Purchaser in accordance with this contract, or Purchaser has other valid grounds for refusing to close, whether by reason of liens, encumbrances or other objections to title atD=XarAa Na (herein col- lectively called "Defects"), other than those subject to which Pur- chaser is obligated to accept title hereunder or which Purchaser may have waived and other than those which Seller has herein expressly agreed to remove, remedy or discharge and if Purchaser shall be unwilling to waive the same and to close title without abatement of the purchase price, then, except as hereinafter set forth, Seller shall have the right, at Seller's sole election, either to take such action as Seller may deem advisable to remove, remedy, discharge or comply with such Defects or to cancel this contract; (ii) if Seller elects to take action to remove, remedy or comply with such Defects, Seller shall be entitled from time to time, upon Notice to Purchaser, to adjourn the date for Closing hereunder for a period or periods not exceeding 60 days in the aggregate (but not extending beyond the date upon which Purchaser's mortgage commitment, if any, shall expire), and the date for Closing shall be adjourned to a date specified by Seller not beyond such period. If for any reason whatsoever, Seller shall not have succeeded in re- moving, remedying or complying with such Defects at the expira- tion of such adjournment(s), and if Purchaser shall still be unwil- ling to waive the same and to close title without abatement of the purchase price, then either party may cancel this contract by Notice to the other given within 10 days after such adjourned date; (iii) notwithstanding the foregoing, the existing mortgage (unless this sale is subject to the same) and any matter created by Seller after the date hereof shall be released, discharged or otherwise cured by Seller at or prior to Closing. (c) If this contract is cancelled pursuant to its terms, other than as a result of Purchaser's default, this contract shall terminate and conic to an end, and neither party shall have any further rights, obligations or liabilities against or to the other hereunder or other- wise, except that: (i) Seller shall promptly refund or cause the Escrowee to refund the Downpayment to Purchaser and, unless cancelled as a result of Purchaser's default or pursuant to para- graph 8, to reimburse Purchaser for the net cost of examination of title, including any appropriate additional charges related thereto, and the net cost, if actually paid or incurred by Purchaser, for updating the existing survey of the Premises or of a new survey, and (ii) the obligations under paragraph 27 shall survive the ter- mination of this contract. 22. Affidavit as to Judgments, Bankruptcies, etc. If a title exami- nation discloses judgments, bankruptcies or other returns against persons having names the same as or similar to that of Seller, Seller shall deliver an affidavit at Closing showing that they are not against Seller. 11 23. Defaults and Remedies. (a) If Purchaser/chiaulis ierrider, Seller's sole remedy shall be to receive and retain the Downpay- ment as liquidated damages, it being agreed that Seller's damages in case of Purchaser's default might be impossible to ascertain and that the Downpayment constitutes a fair and reasonable amount of damages under the circumstances and is not a penalty., and * (b) If Seller defaults hereunder, Purchaser shall have such remedies as Purchaser shall be entitled to at law or in equity, includ- ing, but not limited to, specific performance. 24. Purchaser's Lien. All money paid on account of this contract, and the reasonable expenses of examination of title to the Premises and of any survey and survey inspection charges, are here- by made liens on the Premises, but such liens shall not continue after default by Purchaser under this contract. 25. Notices. Any notice or other communication ("Notice") shall be in writing and either (a) sent by either of the parties hereto or by their respective attorneys who are hereby authorized to do so on their behalf or by the Escrowee, by registered or certified mail, postage prepaid, or (b) delivered in person or by overnight courier, with receipt acknowledged, to the respective addresses given in this contract for the party and the Escrowee, to whom the Notice is to be given, or to such other address as such party or Escrowee shall hereafter desig- nate by Notice given to the other party or parties and the Escrowee pursuant to this paragraph. Each Notice mailed shall be deemed given on the third business day following the date of mailing the same, except that any notice to Escrowee shall be deemed given only upon receipt by Escrowee and each Notice delivered in person or by overnight courier shall be deemed given when delivered. 26. No Assignment. This contract may not be assigned by Purchaser without the prior written consent of Seller in each instance and any purported assignment(s) made without such consent shall be void. other that it has not dealt with any real estate broker in connect this sale other than ("Broker") and Seller shall pay Bro any commission earned pur- suant to a separate agreement een Seller and Broker. Seller and Purchaser shall indemnif d defend each other against any costs, claims and expenses eluding reasonable attorneys' fees, arising out of the breach their respective parts of any representation or agreemen ntained in this paragraph. The provisions of this para - gra all survive Closing or, if Closing does not occur, the termina- 28. Miscellaneous. (a) All prior understandings, agreements, repre- sentations and warranties, oral or written, between Seller and Pur- chaser are merged in this contract; it completely expresses their full agreement and has been entered into after full investigation, neither party relying upon any statement made by anyone else that is not set forth in this contract. (b) Neither this contract nor any provision thereof maybe waived, changed or cancelled except in writing. This contract shall also apply to and bind the heirs, distributees, legal representatives, successors and permitted assigns of the respective parties. The parties hereby authorize their respective attorneys to agree in writing to any changes in dates and time periods provided for in this contract. (c) Any singular word or term herein shall also be read as in the plural and the neuter shall include the masculine and feminine gender, whenever the sense of this contract may require it. (d) The captions in this contract are for convenience of reference only and in no way define, limit or describe the scope of this contract and shall not be considered in the interpretation of this contract or any provision hereof. (e) This contract shall not be binding or effective until duly exe- cuted and delivered by Seller and Purchaser. (f) Seller and Purchaser shall comply with I RC reporting require- ments, if applicable. This subparagraph shall survive Closing. (g) Each party shall, at any time and from time to time, execute, acknowledge where appropriate and deliver such further instruments and documents and take such other action as may be reasonably requested by the other in order to carry out the intent and purpose of this contract. This subparagraph shall survive Closing. (h) This contract is intended for the exclusive benefit of the parties hereto and, except as otherwise expressly provided herein, shall not be for the benefit of, and shall not create any rights in, or be enforceable by, any other person or entity. 29. Please refer to the attached Rider for additional provisions. * Purchaser shall have no further claims to the downpayment and this contract shall be deemed term inae . IN W1TN S. WHEREOF, this contract has been duly executed by the parties hereto. ' f ,LG�!� C %f — 9.......................................................................... ........... .. .. .......................................................................................= ... R �R. �GRpE�EV Seller MILES GORENKOFF Purchaser C�G✓ C-C7"C C� %� CAROLE �.. GREEVES Seller Purchaser Attorney for Seller: Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, P.C. Address: 10315 Main Road, P.O. Box 1424 Mattituck, New York 11952 Tel.: 298-8353 Fax: 298-8565 Receipt of the Downpayment is acknowledged and the undersigned agrees to act in accordance with the provisions of paragraph 6 above. TITLE No. AT w1un#lrart of *aIr TO Attorney for Purchaser: Kevin Powers, Esq. Address: Post Office Box 682 Center Moriches, New York 11934 Tel.: 878-4044 Fax: 878-1453 Section Block Lot County or Town Street Number Address PREMISES ..................... Escrowee I EPA and HUD Lead Paint Regulations: Owners of pre -1978 housing must disclose known lead-based paint hazards to purchasers. Use the following BLUMBERG LAW PRODUCTS (800 LAW MART) to comply: I11,1n Tnformation Booklet 3142 Disclosure Form, Sale of Residence 3143WIN Disclosure form software „s - A, 145—Residential contract of sale, 11-96. U BlumbergVicels or. Publlsher, NYC I W I J ILfJ=I Jointly prepared by the Real Property Sectic he New York State Bar Association, the New Yor e Land Title Association, the Committee on Real Property Law of the Association of rhe Bar of trtr . ity of New York and the Committee on Real Property Law of the New York County Lawyers' Association. WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN LANGUAGE"). CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION. This contract form does not provide for what happens in the event of fire, or other casualty loss or condemnation before the title closing. Unless different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of that law makes a Purchaser responsible for fire and casualty loss upon taking possession of the Premises before the,title closing. Residential Contract of Sale � 111ttrZtrt ITf �*Ul e made as of June -30 ROBERT GREEVES and CAROLE M. GREEVES Address: (no #) Cases Lane, Cutchogue, New York 11935 Social Security Number/ Fed. I. D. No(s): . MILES GORENKOFF Address: 2 Joan Court, Westbury, New York 11590 Social Security Number/ Fed. I. D. No(s): C` 4r parties llere% a ree as fnilnfvs: 1. Premises. Seller shall sell and convey and Purchaser shall purchase the property, together with all buildings and improve- ments thereon (collectively the "Premises'), more fully described on a separate page marked "Schedule A", annexed hereto and made a part hereof and also known as: Street Address: 14216 Main Road Mattituck, New York 11952 Tax Map Designation: 1000-140-3-26.2 Together with Seller's ownership and rights, if any, to land lying in the bed of any street or highway, opened or proposed, adjoining the Premises to the center line thereof, including any right of Seller to any unpaid award by reason of any taking by condemna- tion and/or for any damage to the Premises by reason of change of grade of any street or highway. Seller shall deliver at no addi- tional cost to Purchaser, at Closing (as hereinafter defined), or thereafter, on demand, any documents that Purchaser may rea- sonably require for the conveyance of such title and the assign- ment and collection of such award or damages. cles of personal property now attached or appurtenant the Premises, unless specifically excluded below. Seller rept nts and warrants that at Closing they will be paid for and o ed by Seller, free and clear of all ]fens and encumbrances, ept any existing mortgage to which this sale may be subjec hey include, but are not limited to, plumbing, heating, li ' g and cooking "fixtures, bathroom and kitchen cabinets, antels, door mirrors, switch plates and door hardware, v tian blinds, window treatments, shades, screens, awnings orm windows, storm doors, window boxes, mail box, T aerials, weather vane, flagpole, pumps, shrubbery, fencin , outdoor statuary, tool shed, dishwasher, wash- ing machine othes dryer, garbage disposal unit, range, oven, refrigera freezer, air conditioning equipment and installations, wall wall carpeting and built-ins not excluded below (strike out i This is vacant land. ).���f�dsr�iatgaer€ifcata��i�frodi��£ 3. Purchase Price. The purchase price is Forty—five thousand and 00/100ths -------------------- -------------------Dollars $ 45,000.00 payable as follows: (a) on the signing of this contract, by Purchaser's check payable to the Escrowee (as hereinafter defined), subject to collection, the receipt of which is hereby acknowledged, to be held in escrow pursuant to paragraph 6 of this contract (the "Downpayment'): $ 4,500.00 (b) by allowance for the principal amount unpaid on the exist- ing mortgage on the date hereof, payment of which Purchaser shall assume by joinder in the deed: $ (c) by a purchase money note and mortgage from Purchaser to Seller: $ (d) balance at Closing in accordance with paragraph 7: $ 40,500.00 to an existing mortgage as indicate )�ave*.,(a) The P e conveyed subject to thuing 1998 BETWEEN hereinafter called "Seller" and hereinafter called "Purchaser". installments of $ which include principal, int - est and escrow amounts, if any, and with any balance of prin pal being due and payable on (b) To the extent that any required payments are ma a on the existing mortgage between the date hereof and Clo ng which reduce the unpaid principal amount thereof below he amount shown in paragraph 3(b), then the balance of the p ce payable at Closing under paragraph 3(d) shall be increased the amount of the payments of principal. Seller represents an arrants that the amount shown in paragraph 3(b) is subst tially correct and agrees that only payments required by the isting mortgage will be made between the date hereof and Closi g. (c) If there is a mortgagee escrow ace unt, Seller shall assign it to Purchaser, if it can be assigned, and in that case Purchaser shall pay the amount in the escrow accou to Seller at Closing. (d) Seller shall deliver to Pur aser at Closing a certificate dated not more than 30 days Pu re Closing signed by the holder of the existing mortgage, in rm for recording, certifying the amount of the unpaid princ' al, the date to which interest has been paid and the amounts f any, claimed to be unpaid for prin- cipal and interest, itemizi the same. Seller shall pay the fees for recording such certificat . If the holder of the existing mortgage is a bank or other instit on as defined in Section 274-a of the Real Property Law it m , instead of the certificate, furnish a letter ,signed by a duly uthorized officer, employee or agent, dated •not more than 0 days before Closing, containing the same information. (e) Seller presents and warrants that (i) Seller has delivered to .Purchaser ue and complete copies of the existing mortgage, the note secu ed thereby and any extensions and modificatons thereof, (ii) the xisting mortgage is not now, and at the time of Closing will t be, in default, and (iii) the existing mortgage.does not con in any provision that permits the holder of the mortgage to re uire its immediate payment in full or to change any other term to be a purchase money mortgage as indicated in paragraph c) above: (a) The purchase money note and mortgage shall be awn by the attorney for Seller in the form attached or, if not, i he stand- ard form adopted by the New York State Land Titl Association. Purchaser shall pay at Closing the mortgage recor •ng tax, record- ing fees and the attorney's fees in the amount o for its preparation. (b) The purchase money note and mo age shall also provide that it is subject and subordinate to th ien of the existing mort- gage and any extensions, modificati s, replacements or consoli- dations of the existing mortgage, ovided that (i) the interest rate thereof shall not be greater th percent per, annum and the total debt service th eunder shall not be greater than $ per num, and (ii) if the principal amount thereof shall exceed t amount of principal owing and unpaid on the existing exceed the at the time of placing such new mortgage or consolidated mo gage, the excess be paid to the holder of such purchase mon mortgage in reduction of the principal thereof, The purcha money mortgage shall also provide that such pay- ment to a holder thereof shall not alter or affect the regular install nts, if any, of principal payable thereunder and that the hold thereof will, on demand and without charge therefor, exe- cu , acknowledge and deliver any agreement or agreements 6. Downpayment in Escrow. (a) Seller's attorney ("Escrowee") shall hold the Downpayment for Seller's account in escrow, in a segregated bank account at North Fork Bank until Closing or sooner termination of this contract and shall pay over or apply the Downpayment in accordance with the terms of this paragraph. Escrowee shall (not) (Delete if inapplicable) hold the Downpayment in an interest-bearing account for the benefit of the parties. If interest is held for the ber" -)f the parties, it shall be paid -to the party entitled to the Do, yment and the party receiving the interest shall pay any incoi.......xes thereon. If inter- est is not held for the benefit of the parties, the Downpayment shall be placed in an IOLA account or as otherwise permitted or required by law. The Social Security or Federal Identification numbers of the parties shall be furnished to Escrowee upon request. At Closing, the Downpayment shall be paid by Escrowee to Seller. If for any reason Closing does not occur and either party gives Notice (as defined in paragraph 25) to Escrowee demanding payment of the Downpayment, Escrowee shall give prompt Notice to the other party of such demand. If Escrowee does ,not receive Notice of objection from such other party to the proposed pay- ment within 10 business days after the giving of such Notice, Escrowee is hereby authorized and directed to make such pay- ment. If Escrowee does receive such Notice of objection within Such 10 day period or if for any other reason Escrowee in good faith shall elect not to make such payment, Escrowee shall con- tinue to hold such amount until otherwise directed by Notice from the parties to this contract or a final, nonappealable judgment, order or decree of a court. However, Escrowee shall have the right at any time to deposit the Downpayment and the interest thereon with the clerk of a court in the county in which the Premises are located and shall give Notice of such deposit to Seller and Pur- chaser. Upon such deposit or other disbursement in accordance with the terms of this paragraph, Escrowee shall be relieved and discharged of all further obligations and responsibilities hereunder. (b) The parties acknowledge that, although Escrowee is holding the Downpayment for Seller's account, for all other purposes Escrowee is acting solely as a stakeholder at their request and for their convenience and that Escrowee shall not be liable to either party for any act or omission on its part unless taken or suffered in bad faith or in willful disregard of this contract or involving gross negligence on the part of Escrowee. Seller and Purchaser jointly and severally agree to defend, indemnify and hold Escrowee harmless from and against all costs, claims and expenses (including reasonable attorneys' fees) incurred in connection with the performance of Escrowee's duties hereunder, except with respect to actions or omissions taken or suffered by Escrowee in bad faith or in willful disregard of this contract or involving gross negligence on the part of Escrowee. (c) Escrowee may act or refrain from acting in respect of any matter referred to herein in full reliance upon and with the advice of counsel which may be selected by it (including any member of its firm) and shall be fully protected in so acting or refraining from action upon the advice of such counsel. (d) Escrowee acknowledges receipt of the Downpayment by check subject to collection and Escrowee's agreement to the provi- sions of this paragraph by signing in the place indicated on the signature page of this contract. (e) Escrowee or any member of its firm shall be permitted to act as counsel for Seller in any dispute as to the disbursement of the Downpayment or any other dispute between the parties whether or not Escrowee is in possession of the Downpayment and con- tinues to act as Escrowee. .. acceptable Funds. All money payable under this contract, unless otherwise specified, shall be paid by: (a) Cash, but not over $1,000.00; (b) Good certified check of Purchaser drawn on or official check issued by any bank, savings bank, trust company or savings and loan association having a banking office in the State of New York, unendorsed and payable to the order of Seller, or as Seller may otherwise direct upon not less than 3 business days notice (by telephone or otherwise) to Purchaser; (c) As to money other than the purchase price payable to Seller at Closing, uncertified check of Purchaser up to the amount of $ 1,000.00 ; and (d) As otherwise agreed to in writing by Seller or Seller's attorney. of Purchaser hereunder are conditioned upon issuance o or before '19 (the "C fit- ment Date") of a written commitment from any Inst' tional Lender pursuant to which such Institutional Lender grees to make a first mortgage loan, other than a VA, F or other governmentally insured loan, to Purchase/ate haser's sole cost and expense, of $ or such lesser sum as Purchaser shall be willing to accept,vailing fixed rate of interest not to exceed djustable rate of interest not to exceed for term of at least years and on other customary commit ent terms, whether or not conditional upon any factors other an an appraisal satisfactory to the Institutional Lender. For pu oses of this contract, the term "Institutional Lender" shall mea any bank, savings bank, private /.aan er, trust company, savings nd loan association, credit union or ar banking institution w ther organized under the laws of this , the United States or a other state; foreign banking corporation sed by the Superi endent of Banks of New York or the ptroller of the Cu ncy to transact business in New York State; ance company d y organized or licensed to do business in New State; mortga banker licensed pursuant to Article 12-D of the ing Law; an any instrumentality created by the United States or state with e power to make mortgage loans. Purchaser shall (i) promp pplication to an Institutional Lender for such mortgage , (ii) rnish accurate and complete information regarding hase and members of Purchaser's family, as required, (iii) pay all p rots and charges required in connection with such application an, (iv) pursue such application with diligence, (v) cooperate in faith with such Institutional Lender to obtain such commitment Purchaser shall ly with all requirements of such commitm t (or any other cornrr❑Lment accepted by Purchaser) and shall f fish Seller with a copy thereof promptly after receipt thereof. such commitment is not issued on or before the Commitment te, then, unless Purchaser has accepted a commitment that does not mply with the requirements set forth above, Purchaser may cancel is contract by giving Notice to Seller within 5 business days after a Commitment Date, in which case this contract shall be. deemed ncelled and there- after neither party shall have any further rights a nst, or obligations or liabilities to, the other by reason of this c tract, except that the Downpayment shall be promptly refunde o Purchaser and except as set forth in paragraph 27. If Purch er fails to give notice of cancellation or if Purchaser shall acce a commitment that does not comply with the terms set forth abov , then Purchaser shall be deemed to have waived Purchaser's right t ancel this contract and to receive a refund of the Downpayment by ason of the contingency contained in this paragraph. (Delete if ina licable) (b) Purchaser and Seller agree that the submission of an plication to a mortgage broker registered pursuant to Article 12- of the New York Banking Law ("Mortgage Broker") shall constit full compliance with the terms and conditions set forth in paragr h 8(a)(i) of this contract, and that Purchaser's cooperation in od faith with such Mortgage Broker to obtain a commitment f in an Institutional Lender (together with Purchaser's cooperatio n good faith with any Institutional Lender to which Purchaser' application has been submitted by such Mortgage Broker), and the rompt giving of Notice by Purchaser to Seller of the name and addr s of each Mortgage Broker to which Purchaser has submitted su an application shall constitute full compliance with the terms and 9. Permitted Exceptions. The Premises are sold and shall be con- veyed subject to: (a) Zoning and subdivision laws and regulations, and landmark, historic or wetlands designation, provided that they are not vio- lated by the existing buildings and improvements erected on the property or their use; (b) Consents for the erection of any structures on, under or above any streets on which the Premises abut; (c) Encroachments of stoops, areas, cellar steps, trim and corni- ces, if any, upon any street or highway; (d) Real estate taxes that are a lien, but are not yet due and payable; and (e) The other matters, if any, including a survey exception, set forth in a Rider attached. 10. Governmental Violations and Orders. (a) Seller shall comply with all notes or notices of violations of law or municipal ordinances, orders or requirements noted or issued as of the date hereof by any governmental department having authority as to lands, housing, buildings, fire, health, environmental and labor conditions affecting the Premises. The Premises shall be conveyed free of them at Closing. Seller shall furnish Purchaser with any authorizations necessary to make the searches that could disclose these matters. --(b)-fB mises pursuant to the Administrative ity of Nev York incurred r' an payable in money shall be dis- 11. Seller's Representations. (a) Seller represents and warrants to Purchaser that: (i) The Premises abut or have a right of access to a public road; (ii) Seller is the sole owner of the Premises and has the full right, power and authority to sell, convey and transfer the same in accordance with the terms of this contract; (iii) Seller is not a "foreign person", as that term is defined for purposes of the Foreign Investment in Real Property Tax Act, Internal Revenue Code ("IRC") Section 1445, as amended, and the regulations promulgated thereunder (collectively "FIRPTA'); (iv) The Premises are not affected by any exemptions or abatements of taxes; and (v) Seller has been known by no other name for the past ten years, except (b) Seller covenants and warrants that all of the representations and warranties set forth in this contract shall be true and correct at Closing. (c) Except as otherwise expressly set forth in this contract, none of Seller's covenants, representations, warranties or other obliga- tions contained in this contract shall survive Closing. 12. Condition of Property. Purchaser acknowledges and repre- sents that Purchaser is fully aware of the physical condition and state of repair of the Premises and of all other property included in this sale, based on Purchaser's own inspection and investigation thereof, and that Purchaser is entering into this contract based solely upon such inspection and investigation and not upon any information, data, statements or representations, written or oral, as to the physical condition, state of repair, use, cost of operation or any other matter related to the Premises or the other property ir�c�u�1 the sale, given or made by Seller or its representatives, or they arYd- 3`h�a� accept the same "as is" in their present condition and state of repair, subject to reasonable use, wear, tear and naibral deterioration between the date hereof and the date of Closing (except as otherwise set forth in paragraph 16(f)), without any reduction in the purchase price or claim of any kind for any change in such condition by reason thereof subsequent to the date of this contract. Purchaser and its authorized representatives shall have the right, at reasonable times and upon reasonable notice (by telephone or otherwise) to Seller, to inspect the Premises lir* (Xu§W within 48 hours. SCHEDULE A ��xxx0t0ttxxrchssexxgosX��xx�xze, all that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being inj±cxx at Mattituck, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the northerly side of Main Road distant 313.52 feet westerly from the corner formed by the intersection of the northerly side of Main Road with the westerly side of Maple Avenue; RUNNING THENCE along the northerly side of Main Road, South 720 37' 00" West, 100.12 feet to land now or formerly of Russell; THENCE along said last described land North 14° 36' 50" West, 300.74 feet to land now or formerly of Zahra; THENCE North 74° 22' 00" East along lands now or formerly of Zahra and Charters, 184 feet; THENCE South 14` 36' 50" East, 120.18 feet; THENCE South 74= 35' 10" West, 83.97 feet; THENCE South 14' 36' 50" East, 177.82 feet to the northerly side of Main Road, the point or place of BEGINNING. TAX MAP DESIGNATION Dist. 1000 Sec. 140.00 BIL 003.00 Lot(s) — pale • 00Q Form 8002* 1-87-20M—11erpain ialr llrod, With CoVo114111l against Grantor's Acts --In( ul or Corporation. (sin;;la short) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INST ENT SHOULD BE USED BY LAWYERS ONLY. 10 4J7249 PC468 THIS INDENTURE, made the Poo AA day of BETWEEN EMILIA T. PIKE, residing at 13795 Main Road, Mattituck, New York 11952, 12 ; :9 4 , nineteen hundred and eighty-eight, 1.279`i r..i party of the first part, and ROBERT GREEVES and CAROLE M. GREEVES, his wife, both residing 13455 Main Road, Mattituck, New York 11952 II y PNtlaE a°" °: tPItOtR , " tlY TY � ;•�� Ij •+e•le4 � 1 4 Rt� $ — REAL ESTATE NOV 4 TrM TRANSFER TAX SUFFOLK MIND party of the second part, sideration of Ten Dollars and other valuable consideration WITNESSETH, that the party of the first part, in con 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 hvWat Mattituck, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the Northerly side of Main Road distant 313.52 feet Westerly from the corner formed by the intersection of the Northerly side of Main Road with the Westerly side of Maple Avenue; RUNNING THENCE along the Northerly side of Main Road, South 720 37' 00" West, 100,12 feet to land now or formerly of Russell; THENCE along said last described land North 140 36' 50" West, 300.74 feet to land now or formerly of Zahra; THENCE North 74° 22' 00" East along lands now or formerly of Zahra and Charters, 184 feet; THENCE South 14° 36' 50" East, 120.18 feet; THENCE South 74° 35' 10" West, 83.97 feet; THENCE South 141 36' 50" East, 177.82 feet to the Northerly side of Main Road, the point or place of BEGINNING. U TOGETHER 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 and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such 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 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. A IN PRESENCE OF: 1:3 STATE OF NEW YORK, COUNTY OF SUFFOLK) ss.: `On thisA*ay of j , 1988, before me personally came William Wickham to me known to be the pe on(s) described and appointed the attorney in fact by EMILIA T. PIKE the individual(s) described in and who by her . said 'attorney in fact executed the foregoing instrument and duly acknowledged before me that he executed the same as the act and deed of EMILIA T. PIKE c`—'.- herein described and for the purposes therein mentioned by Attorney duly executed by said EMILIA T. PIKE and t2j�= recorded in the Office of the Clerk of the Cou bPX09= on February 19, 1988 in Liber 10544 at Page 45 STATE OF NEW YORK, COUNTY OF SS: 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 ther'eto by like order. j6argain anb fbale 30eeb WIIH COVENANT AGAINSTGRANT'OR'S ACTS TITLE No. EMILIA T. PIKE TO ROBERT GREEVES and CAROLE Al. GREEVES Dinribwed by ®J TICOR TITLE GUARANTEE ab4ell?sU 0/��)__/ STATE OF NEW YORK, COUNTY OF SS: On the day of 19 before me personally came the subscribing witness to the foregoing instrument, with 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 TAX BILLING ADDRESS Recorded At Request of Ticor Title Guarantee Company RETURN BY MAIL TO: Wickham, Wickham & Bressler, P.C. 10315 Main Road P.O. Box 1424 Mattituck, New Yo 11952 Zip No. /amm w4n0 o,iio A�nS ►_.L3i71nr 80l WV zz 01 h .'IN G74+ -kt] e 0.3 d r Orn .1 14.16-4 (2/871—Text 12 PROJECT I.D. NUMBER 617.21 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT (SPONSOR 2. PROJECT NAME MkL.t: 5 b, C-I0a.-lvV_C'F MA110 (fib J. PROJECT LOCATION' Municipality FA A -VT t7 a County �j L) F r U �I a. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) N IS MA IN ROA;, 313.Sz' v� o f MflPLE S. fLG F—i to PPo51'TtF CC.'-rRdt-Ir_ Chu (c�� rar� 5. IS PROPOSED ACTION: © New ❑ Expansion ❑ Modifleation/alteration 6. DESCRIBE PROJECT BRIEFLY: ) A Cons7-p-UCTlo,J of (A ItoOU� I S�rY ORTI+oDv>JTr� o��tc� ars � ,9 c� 10 Qc_ek:rvv, Spaces c -.r e_ pro/pes e,f. 7. AMOUNT OF LAND AFFECTED: –1 p Initially • i 8 acres Ultimately `) acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 1( Y03 ❑ No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? © Residential ❑ Industrial ® Commercial ❑ Agriculture ❑ Park/Forest/Open space U Other Describe:('� i.IPrC�� fAAIv\ �vo�P m�xe�G use : (estc9en+lc�Q/ ?rvlPes5to,j4 oTft C c n-, m e r 0-:' Pe s ch o. i , CK "_;r CJ1, � h r,(A- 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATEEOR LOCAL)?? S n Yes LJ No If yes, list agency(s) and permiVaoprovals S IT'L.� InIA�.I f:PP2ovc�l t3 y r r_ 7 I KJ C- �` 2 &A i t 11. DOES ANY ASPECT OF THE ACTI,;N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yes 12 N• It yE:, list agency name and permit/approval 12. AS A RESULT TOFF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? C3 Yes L�1 No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: t t, , �7 Q M (� ) (= �� ( Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before procoeding with this assessment OVER 1 .(Continued on reverse side) QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a -financial interest in the subject premises and a description of their interests: ( Separate sheet may be attached . ') 6LC�IJES- �n ; I es r ,c v F r , pna �O�c6iT 'r � Pt20� i Q W P.1 G a__5 Co n -F I'L /t OF � ` J � e - 24,7) i cfA�n� B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( ) Yes ( �, ) No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? ( ) Yes (�,) No D. 1. Are there any areas which contain wetland grasses? F\0 2. Are the wetland areas shown on the map submitted with this application? no 3. Is the property bulkheaded between the wetlands area and the upland building area?. have 4. If your property contains wetlands or pond areas, you contacted the Office of the Town Trustees for its determination of jurisdiction? v\ a -- E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? n o (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? r\one_ - If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? c LL if yes, please submit a copy of your building permit and map as approved by the Building Department. I£ none, please state. H. Do you or any co-owner also own other land close to this parcel? o If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted parcel � a proposed use Authorized Signa 3/87, 10/90•Ik and Date at this and § 97-13 WETLANDS- . § 97-13 TOWN -- The Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold- (Added "-84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: ! ; �r ,. A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal waters. or Iands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but -not limited to banks. bogs, salt marsh. swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs,. meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following salt hay, black grass. saltworts. sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward. of the most Iandward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tle 1, § 24-0107,. Subdivisions 1(a) to I(d) inclusive. of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet land." as defined in Subsection 13(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 2 -Zs -as - APPLICANT TRANSACTIONAL D1S)CLOSUItIT FORtf The Town of Soutliold's Code of Ethics Lro1)ibiLs conflicLs of interest on the part of town officers and employees. -The purpose of this form is to provide iniormaL-lon which can alert the town of possible conflicts of interest and allow it to take whatever action is—necessary Lo avoid same. YOUR NAME: C-� C' fZ i. 1J Y-' (2 r of I L t5.5 - 1)— 1 -__._. (Last name, fit.sl. name, middle init=ial, ur Less you are applying in the name of someone else or other enL1Ly, such as a company. If so, incll.cate the other person's or company's name.) NATURE OF APPLICATION: (Check a 11. Llta L a pply . ) Tax grievance Variance Change of zone ^ Approval of plat Exemption from plat; t; or o (' C l c l n 1. Other. X _ (If "OL -her," name the acLiv.ity.) C �PtfC—i L=J,cJ�_- 19 T Io Do you personally (or Hirough your company, spolifle, n 1 b.t 1 nq , parent, or child) have a ;relationship with any officer or employee of the 'Town of Souhho.Ic17 "Relat.ionnillp" inc tudew by blood, marriage, or buni►sens interest. "llusiness Interest" means a business, incluclincl a partnership, in which the town officer or employee has evert a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5%. of the snares.. Y E:i NO If you answered "YES," complete the balance of this form and date and sign where indicated_ Name of person employed by Llie 'Town of Southold 'Fide or position of L•haL• person Describe the relationship bel ween yourself ( the applicant) and the town officer or employee. hither check the appropriate line A) through D) and/or describe in the space provided. The Lown officer or employee oY his or her spouse, sibling, parent, or child is (check all L•hal; apply): A) the owner of greater than 5% of Hie shares of Hie corporate stock of the applicant (when L -he appl.icanl; is a corporation); D) the legal or benefl.cial. owner of any interest in a noncorporate enLlty (when the applicant is not a corporation); C) an officer, direcL•or, partner, or employee of L•he applicant; or 1)) Lhe acLua.l. a I)p.l.ic.itIIL. DE.SCRIPTION OF PFLATi ONS111 h Subml. LLed L -H day of 199 SLgnaLitr.e �/1 I' r I n I: t t .r m e C 1; L- ice_: 1 l l 0 I'- i 02/23/1999 10:24 5162'951730 Southold Town Zoning Board of Appeals Gerard F. Goehringer, Chairman P.O. Box 11971 Southold, NY 11971 Re: Appeal #4654 Miles D. Gorenkoff, DMD Dear Mr. Goehringer: ZAHRA ENTERPRISES Mr. 6 Mrs. Charles J. Zahra P.O. Box 1137 Mattituck, NY 1L952 February 22, 19991 .i As per our telephone conversation regarding the above referenced matter, We hereby state that we have no objection to the proposed building or improvement of the property adjoining ours. Our only concern is privacy. We would like to request to the Zoning Board that an evergreen buffer be planted to ineure noise barrier and privacy for our backyard, not to mention protection for our grandchildren. Should you require anything further, please do not hesitate to contact us at the above address or by telephone at 516-298-1733. Thank you for any consideration you may show this request. Very truly yours, 90-4c Jean T. Zahra PACE 02 ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK -------------------------------------X Ir the Matter of the Application of MILES �• GoREN�oFF,�•M•�• (Names of Applicants) Parcel ID #1000- 140 - O 3 - 26•a. --------------------------------------- X COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS FEB 0 01909 �i'III V� I, (2p,Tf4EQ-1NC A•M65'"Ja residing at IDL ML_L P0tj LA. e. MoR\c%tcs , New York, being duly sworn, depose and say that: On the I I day of � gP-u A R\I ,19 99 11 personally mailed at the United States Post Office in E . M021C 4 E s , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the 0 Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's propertyy. . (signature) Sworn to before me this MARY ANN CYBULSKI l,q day of�—, 199% Notary Public, State of New York Residing in Suffolk County /7 No. Expires prig 900 Commission Expires April 30, fi92��d (Notary Public) PLEASE list, on the back of this Affidavit or on a sheet of taper, the lot numbers next to the owner nan:es and addresses for which notices ivere mailed Thank you. i y SPECIAL EXCEPTION APPLICATION �l ll MILES D. GORENKOFF SCTM # 1000-140-3-26.1 Lois A. & Douglas Pike & Robert D. Pike 138 Ostrander Avenue Riverhead, NY 11901 SCTM # 1000-140-3-27 Fred Venne, Jr. & Wife 56 Tanyard Lane Huntington, NY 11743 SCTM # 1000-140-3-20.1 Charles J. Zahra & Wife 1215 Pike Street Box 1137 Mattituck, NY 11952 SCTM # 1000-140-3-21 John B. Tandy 2000 Pike Street I K- •-}..r]r Ary 110 S 1) -- Z 2118 243 407 n. I SENDER: ReCeEp t f®ir GSL Con6fled 6 afl I also wish to receive the No Insurance Co frr : ,. Provided following services (for an extra 4; Do not use far !rl •, rl,unal Mail �e T (See Reverse) M 0) 0) r S ent to - J J L rJ $iLee and No. number.p 2. ❑Restricted Delivery 0 , S[ate and ZIP Code 4� urn RccuwtdSho,ving 1 Ur" Whom & Faye D�livurc ' �e [ q rn Recei owing whom, Postage at and Ad see's ddrpss m Certified T AL a e i & Fe r'r�. `� $ 12 Postmark or Date E a E Lois A. & Douglas Pike & Robert D. Pike 03 LL d s 4b. Service T Type n. I SENDER: 'N • Complete items 1 and/or 2 for additional services. I also wish to receive the m • Complete items 3, and 4a & b. • Print your name and address on the reverse of this form so that we can following services (for an extra 4; Fee �e T Special r y Attach this form to the front of the mailpiece, or on the back if space -str ed Behery Fe m L does not permit. (D . Write "I\eturn Receipt Requested" on the mailpiece below the article " • number.p 2. ❑Restricted Delivery N 4� urn RccuwtdSho,ving 1 Ur" Whom & Faye D�livurc ' the date �� q rn Recei owing whom, c delivered at and Ad see's ddrpss m Article Addressed to: T AL a e i & Fe r'r�. `� $ `P Postmark or Date E n. I SENDER: 'N • Complete items 1 and/or 2 for additional services. I also wish to receive the m • Complete items 3, and 4a & b. • Print your name and address on the reverse of this form so that we can following services (for an extra 4; return this card to you. fee►: > L y Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address Add m L does not permit. (D . Write "I\eturn Receipt Requested" on the mailpiece below the article " • number.p 2. ❑Restricted Delivery N The Re',urn Receipt will show to whom the article was delivered and the date 4) c delivered Consult postmaster for fee. m Article Addressed to: 4a. Article w3. jmberqO E a E Lois A. & Douglas Pike & Robert D. Pike d s 4b. Service T Type ❑ Registered ❑ Insured w 138 Ostrander Avenue[Certified ❑COD c Riverhead, NY 11901 11Express Mail ❑ Return Receipt for 0 C Merchandise L p 7. Dat livery .0 o 5. Sig ess 8. Addressee's Address (Only if requested Y and fee is paid) Lul 6. Ignature ( gen ► 1-- 0 O PS Form y , uecemoer iuui *U.S. GPO: 1993-352-714 DOMESTIC RETURN RECEIPT ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK -- --------------------------------x In the Matter of the Application of C-IoRG�40FF, (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 1L4 0 - 3 - 2 (P. 2, _ r Lb B 01Q09 AFFIDAVIT OF POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, C A-rvjC-1L�,v-a M65 1)" 'U residing at 12 MiLl.. Po ljA L h . M o 21c. µ Es , New York, being duly sworn, depose and say that: On the 15 day of FfOKuA R -,i' ,19_3_.�, I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which ring date was shown to be (Signature) Sworn to befoT�' e this /� dayo f- ', 1999 - Notary Publi MARY ANN CYBULSKI Notary Public, State of New York Residing in Suffolk County No. 52-5895900 Commission Expires April 30, Y9�v *near the entrance or driveway entrance of my property, as the area most visible to passersby. NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS TUESDAY, FEBRUARY 23, 1999 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on TUESDAY, FEBRUARY 23, 1999 at the time noted below (or as soon thereafter as possible): 6:50 p.m. Appl. No. 4654 — MILES D. GORENKOFF, D.M.D. This is a request for a Special Exception, Article VII, Section 100-71B(2) for permission to establish Professional Office Use, as provided by Article VII, Section 100-71B(2) of the Zoning Code. Location of Property: 14216 Main Road, Mattituck, NY; Parcel 1000-140-3-26.2. Zone District: RO Residential -Office. The Board of Appeals will at said time and place hear any and all persons or representative desiring to be heard in the above application or desiring to submit written statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: February 3, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 February 3, 1999 Re: Chapter 58 — Public Notice for Tuesday, February 23, 1999 Dear Applicant: Please find enclosed a copy of the Legal Notice describing your application. The Notice will be published in the next issue of the L.I. Traveler Newspaper, the Town's official newspaper for 1998-99. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the location of this project with the setbacks and use noted. Send this Notice, as soon as possible, with the map to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765- 1937) or the County Real Property Office. If you know of another address for a neighbor, - you may want to send the notice to that address as well. Please submit your Affidavit of Mailing to us by the Friday before the hearing date, with the post office receipts postmarked. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. You must post the enclosed sign no later than 2/16/99. Post the sign facing the street, no more than 10 feet from your front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for. at least seven (7) days, and if possible, should remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting to us for the permanent file. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to postpone your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Enclosures i$PFC/AL FXV D4e7--//4Z)40At7-/C OFFice 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: {�oB�;2T �',2ES✓6s��'.D.e.M.(Td�tEdKeFF DATE OF PUBLIC HEARING: Tum, FES.a3, 1999 �.:ro�°.m. 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 8 a.m. and BOARD OF APPEALS •TOWN OF SOUTHOLD 9 (516) 765-1809 lyaysmo eviq.N tfb., /VATT171ocoo� BOARD OF APPEALS Southold Town Hall PO Box 1179, 53095 Main Road Southold, NY 11971 Catherine Mesiano 12 Mill Pond Lane East Moriches, NY 11940 0 f 'L. ++.�.. v :'��'' n' a,;;F°' � �'fi�:y SAF�''�ryC �{rt �� • BOARD OF APPEALS Southold Town Hall PO Box 1179, 53095 Main Road Southold, NY 11971 Catherine Mesiano 12 Mill Pond Lane East Moriches, NY 11940 0 Southold Town Boa of Appeals -21- DecemL" 1 21985 Regular Meeting PENDING DECISION: Appeal No. 3402: Application for EMILIA T. PIKE, Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, AFUicle III, Section 100-31, Bulk and Parking Schedule, for approval of insufficient area of proposed Parcels 1 and 2 and insufficient frontage (lot width) of Parcel 1, in this proposed division of land located at the north side of Main Road, Mat- tituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 26. Following deliberations, the board took the following action: WHEREAS, a public hearing was held and concluded on December 12, 1985 concerning the Matter of the Application of EMILIA T. PIKE under Appeal No. 3402 dated September 10, 1985; and WHEREAS, the board has considered all testimony and documentation entered into the record concerning this application, and it is noted for the record that no public opposition has been received; and WHEREAS, the board members have personally viewed and are familiar with the premises in question as well as its surrounding area; and WHEREAS, the board=made the following findings of fact: 1. The property in question is located in the Residential and Agricultural Zoning District, is situated at the north side of the Main Road (S.R. 25), Mattituck, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 140, Block 03, Lot 26. 2. The subject premises consists of a total area of 90,382 sq. ft. with a total frontage along the Main Road of 311.05 feet and average depth of 290.52 feet. 3. By this application, appellant proposes a set-off division of land for proposed Parcel No. 1 of 40,000 sq. ft. in area and 100.12 ft. frontage along the Main Road, from Parcel No. 2 of 50,382 sq. ft. in area, 210.93 ft. frontage along the Main Road and 307.71 ft. in width along the northerly (rear) property line. 4. Parcel No. 1 is vacant, and Parcel No. 2 is improved with a single-family two-story frame house and small accessory storage shed located in the rearyard area. 5. Reference is made for the record of the application made January 28, 1985, and decision rendered May 2, 1985 by this Board under Appeal No. 3327, denying the relief as requested for an area of 29,921 and 60,461 sq. ft., and 100.12 ft. lot width as applied. Southold Town Board of Appeals -22- December 12, 1985 Regular Meeting (Appeal No. 3402 - EMILIA T. PIKE, continued:) 6. In viewing the immediate area, the board finds that the area and lot width of the lots as proposed herein are consis- tent with those existing generally in the immediate neighborhood. In considering this appeal, the board finds: (a) that the relief as requested is consistent with other lots generally existing in the neighborhood and therefore will not be a substan- tial change in the character of the district; (b) that the circumstances of this appeal are unique; (c) that by allowing the variance, no substantial detriment would be created affecting adjoining properties; (d) that no adverse effects will be produced on available governmental facilities of any increased population; (e) that the variance will be in harmony with and promote the general purposes of zoning; (f) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the relief requested under Appeal No. 3402 in the Matter of the Application of EMILIA T. PIKE for insuffi- cient lot area of Parcel #1 of 40,000 sq. ft. and of Parcel #2 of 50,382 sq. ft. and insufficient lot width (frontage) of Parcel #1 of 100.12 feet, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That no accessory buildings as may be proposed in the future shall be constructed in the side or front yard areas at any time; 2. That there be no further lot area or width reductions; 3. That there be no further divisions of land or set -offs. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to illness.) This resolution was adopted by unanimous vote of the four members present. A, ORSOOM J 6 CbK.G M. Go t,4 -1-r<<, N.C7r r-4 M�I-,F-=-, fl. 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I i I 1 SEES NREE t8'li Oto �''t� i, X, v X A X N(o ryh F�ONO MON N/O/NDY / i Al OKN B TA �Dw PIPE 2 , `" 1/, . i i a). r oi X OOr X Lf) N� �e O �(::�o i I tn'p- CD �btri r1l� 1 \ \ N � O I � l i SURVEY OF PROPERTY SITUATED AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-140-03-26.2 SCALE 1 "=20' AUGUST 24, 1998 AREA = 40,000.83 sq. ft. 0.918 ac. NO TES: 1. ELEVATIONS ARE REFERENCED TO AN ASSUMED DATUM EXISTING ELEVATIONS ARE SHOWN THUS:3jJ EXISTING CONTOUR LINES ARE SHOWN THUS: - - - 30 — — -- CID N ONE �'—' ° tµFi WEU MPt tH U ov i ZA• p.°• STpNE a 7 1/P / et FOVM� O5'N• rL\R 5 E ° 4 e oqcx e° a .�. 1� �� �� / 2 /r / • • ° a • a � la � —30 05 9 25 le e e e Y \ 4 PREPARED IN ACCORDANCE WITH THE MINIMUM k. pyo SURVEYS AS ESTABLISHED 11 \ AND ADOPTED FOR SUCH USE BY 1 1 TITLE ASSOCIATION. Aquebogue, New York 11931 %,AN O 90 Oto. t1. + SCO M O V1 Z V >O J 0 O 7J * i, ZREE � Oto• � IVESS 29 '�, 4 'A ° tWO 18 Oto• t1 • t, ° / •I e i r ° - 29 Olo ,� • t4. ,< ° d ti J/ e , J SURVEY OF PROPERTY SITUATED AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-140-03-26.2 SCALE 1 "=20' AUGUST 24, 1998 AREA = 40,000.83 sq. ft. 0.918 ac. NO TES: 1. ELEVATIONS ARE REFERENCED TO AN ASSUMED DATUM EXISTING ELEVATIONS ARE SHOWN THUS:3jJ EXISTING CONTOUR LINES ARE SHOWN THUS: - - - 30 — — -- CID N ONE �'—' ° tµFi WEU MPt tH U ov i ZA• p.°• STpNE a 7 1/P / et FOVM� O5'N• rL\R 5 E ° 4 e oqcx e° a .�. 1� �� �� / 2 /r / • • ° a • a � la � —30 05 9 25 le e e e Y \ 4 PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TIT SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. Al,APPROVED AND ADOPTED FOR SUCH USE BY HE NEW YORK STATE LgNB TITLE ASSOCIATION. Aquebogue, New York 11931 %,AN �O 90 �QN A. r V >O J 0 O 7J * N.Y UNATHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHTS OF WAY AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED. Joseph • g LandSurveyor Title Surveys — Subdivisions — Site Plans — Construction Layout PHONE (516)727-2090 Fox (516)722-5093 OFFICES LOCATED AT MAILING ADDRESS One Union Square P.O. 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