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4707
%%5 CS'P��l� �V6 YlS%L2G� J' APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning COGy o A y x BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 1, 1999 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Appl. No. 4707 - NANCY WELLIN STREET & LOCALITY: 200 Brower Road (a/k/a 1145 Grand Avenue), Mattituck 1000-107-8-37 (adj. 1000-107-8-8) DATE OF PUBLIC HEARING: June 24, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property is vacant corner lot and consists of a total lot area of 33,750 sq. ft. with 150 ft. frontage along the north side of Brower Road and 225 ft. frontage along the west side of Grand Avenue, Mattituck. Adjoining this lot to the west is a 125 ft. by 150 ft. lot acquired in the name of the applicant, Nancy Wellin, from the Suffolk County National Bank October 7, 1998 at Liber 11931 cp 800. BASIS OF APPLICATION: Building Inspector's April 29, 1999 Notice of Disapproval disapproving an application for a building permit under Article II, Section 100-25A of the Zoning Code, for the reason that: "Pursuant to Article II, Section 100-25A, a non -conforming lot shall merge with an adjacent conforming or non -conforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. It has been determined that the subject lot has merged pursuant to above section with lot at SCTM #1000-107-8-32. (No other section of the Code or variance relief is noted in this Notice of Disapproval.) RELIEF REQUESTED: Applicant requests a Lot Waiver under Article II, Section 100-26 regarding 1145 Grand Avenue, Mattituck. INFORMATION AND EVIDENCE: 1. Lot 37 is a vacant parcel consisting of approximately 33,750 sq. ft. located on the northwest corner of Grand Avenue and Brower Road. The adjoining lot, #32 is a vacant lot consisting of 18,750 sq. ft. located on the corner of Brower Road and Mayflower Road. 2. Both lots are located in an R-40 (40,000 sq. ft. minimum) zoning district. However, with the exception of the lot immediately to the north of Lot 37, most of the lots between Grand Avenue and Mayflower Road are nonconforming in size and average approximately 15,000 sq. ft. 3. The combined area of both lots as merged is 52,500 sq. ft. Page 2 - July 1, 1999 ZBA Appl. No. 4707 - N. Wellin Parcel 1000-107-8-37 at Mattituck 4. If waiver of merger is granted, Lot 37 would be approximately twice as large as the average lot size in the area, and Lot 32 would be similar in size to other lots in the immediate neighborhood. 5. The April 13, 1999 search prepared by Commonwealth Land Title Insurance Company certifies that: a) Lot 37 was created by deed May 14, 1952 together with other land at Liber 3352 page 363. b) The north and south sections of Lot 37 were conveyed by deed on January 8, 1954 and January 10, 1961, respectively, from Mason to Mary Anna Smith. c) Lot 37 was conveyed November 13, 1998 from the Suffolk County National Bank as Executor of the Estate of Maryann Smith deceased, to Nancy Lee Wellin. REASONS FOR BOARD ACTION: After consideration of the entire record, testimony at the public hearing and other evidence, the Board finds the following facts to be true and relevant: 1) The waiver will not result in a significant increase in the density of the neighborhood because the potential addition of a single-family on one lot could not create a significant increase in neighborhood density. 2) The waiver will recognize a lot that is consistent with the size of lots in the neighborhood. Most of the lots in the area are improved with single-family residences on lots similar in size, and / or smaller than the two lots that would be recognized by this waiver of merger. 3) No adverse environmental conditions are anticipated that would require change or alterations in contours or slopes. Nor will substantial filling be required because the land is flat and not located within an environmentally sensitive wetland zone. Accordingly, on motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to approve the Lot Waiver, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGE INIZIO, TORTORA, COLLINS, AND HORNING. This Resolution was duly adopted (5-Z-�� GERARD P. GOEHRINGE For Filing about 7/6/99 RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 7 h )99 HOUR 3,0O M Town Clerk, Town of Southold missmajlpcate an accesspry ip- _ }imttn8..�P ?4 an ,area other :� thar'egmred rearya5d at'.,. X4100 in, Rod eGntchogue: 1PP7�L�Iflo 4'/9 a�Dx� '' S • h1NDylw �s$;o7~r� .'.;vsy1,ne5.oraot+.. 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P o-AY ``1k° e acate >worn to before me this1,0440 to a s lay of L`,2e, 19 CEL Sana ,ar= egoested s 1n hd din i5� MARY FOSTER 4Spnon' NOTARY PUBLIC STATE OF NEW YORK e'1Oe 'aPPii� nd 3he NO 52 4655242, SUFFOLK COUNTY • tt lid rhe t e�T7 agy s iggq COMMISSION EXPIRES AUGUST 31, 19 a tBmldm�eP. ay`�M999 I`>„ rsap o„�a tchrittes - _. I+ioncbo,Dp s mgrhdeA, )troy so ap IMN A .P,P a,g(46 -GE,S:1R g'E �' ,.A, �.Q° e•P PTd, t, a •'...:5 e' - rce! andpn d a ' ccess� i fie.. a•. • ... ..;��' ..:>.. -_. �. Q 1 .aPP� Te 6t W mdm�g Ilotice of - = Iica ����- .�n Se n '18.4=2 8t, T7 ,CUR ae ce u sk �t ��Ct1riO3c��� �� } - CIG •P�P { TORN OF SOUTHOLD BUILDING DEPARTMENT ii�ilr SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL MAY °- 51M DATE: April 29, 1999 To Bgbert Reitz A/C Estate of Mary Anna Smith 32n,.7th Aye:........ St _ James y NY 11780 .. PLEASE TAKE NOTICE that your application dated March 16 19 99 ;a construct one family dwelling for permit to ............................................................... at %.Location of Property 1145 Grand Ave. Mattituck House No. Street Hamlet ;. count -Tax Map No. 1000 — Section ...107..... BLOCK ........... LOT 37........... Subdivision ...............................Filed Map No. Lot No. s returned herewith and disapproved on the following grounds ......................... Pursuant to Article II, Section 100-25A, a non -conforming Jpt.'sliaL merge. with. an...... adjacent conforming or non -conforming lot which has been held in.common ownership with the first lot at any time after July 1, 1983. It has been determined that the subject lot has merged pursuant to above section with lot at SCTM#1000-107-8-32. Y---e-�BIUILDING SP CTOR 1(80 if L-- nrDU VVV FORM NO. I TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL` SOUTHOLD, N.Y. 1197 TEL: 765-1502 Examined. ................ 19.7. Approved .................. 19.... Permit No. Disapproved a/c .................................. BOARD OF HEALTH .K' .......... ✓ 3 SETS OF PLANS •.- SURVEY CHECK ' ........ SEPTIC FORM . 1 NOTIFY: 14AIL TO: .................... ............................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date...............:.19.... INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector w 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan sharing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description oflayout of property must be drawn on the diagram which is part of this. application. c. The work covered by this application may not be commenced before issuance of Building, Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be,kept on the premises available for inspection thro4vout the work. e. No building shall be occupied or used in 4iole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector: APPLICATICN IS HEREBY MW to the Building Department for the issuanceof a Building Permit.. pursuant... to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as berein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (ifl/&ov!( //CW/,2nwf f'!CeC.�tv9 .�. L7P (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builde ow Name of owner of premises ..19.✓�Y... Ar/(�!9 . SP.'t iTN ...... .......................................................... (as on the tart roll or latest deed) If applicant is a cooration, signature of duly autho 'zedd fficer. 6S .......l.. .. ........................... .i (Name and title of co to officer) ;i Builders License No. Plumbers License No . ......................... ij Electricians License No . ..................... Other Trade's License No . .................... 1. location of land on which proposed workwill be done .............................................................. I.Y,f .................... 1�/ r(P.. ✓�� Nva ........................"1 �.�.:. 4'house lumber Street GG R inlet County Tax Map No. 1000. Section .. �� 2......... Block .....0 P.'....... Lot ..Z.7......... Subdivision...................................... Filed Map .No................. Lot ............... (Name) l 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction:. -c ... , ......................... p ...... a. Existing use and occupancy .... b. Intended use and occupancy 1. wature of work tdieck which applicable): New Building .Y ...... Addition ...,...... Alteration .......... Repair ............ Removal ....... Demolition ............ Other Work ^.................................. (Description) . 0 0 <. 4. Estimated Cost ... ff..a................. fee .............................................. (to be paid on filing this application) 5. If dwelling, rK%R*r of duelling units ....h ...... Ib ber of dwelling units on each floor ................. Ifgarage, number of cars ..'?................................... 6. If business, commercial or mixed occupant', specify /nature and tent of each type of use ...................... 7. Dimensions of existing structures, if any: Front .v � K Rear ............... Depth ................. Height......................... Nmober of Stories ...................... Dimensions of sane structure with alterations or additions: Front ............... Rear ............... Depth .................... Height .................... Number of Stories ............... 8. Dimensions of entire new construction: Front .,�Z..}`........ Rear .... .... Depth .. 3 Height .. 2 G•_,.... ... timber of Stories ..... v .... ............. 9. Size of lot: Front ... 22 ......... Rear ......?�ZS ....... Depth ... 10. Date of Purchase UN1/Ert,.,��n i�RCrNane of Former Amer .l:lTK-..,641M............. I1. Zone or use district in which premises are situated............................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation. .....!T� . 13. Will lot be regraded ...../1 p ......... Will excess fill be remov_ e�,l from premises: YES 4 14. Names of owner of premises /i���a �vn NL�Ai�n vs.(?ES � t aQX lgdl S� 1�hE5 r ' % Phone NO.i7K7o&Z Name of Architect �egr % /f�&�i�t� / Address &.. ?gn,.. S.. rt.. ... Phone No, Name of Contractor ..... Address .. ...... ....... .........Awne No. ............. - 15. Is this property within 300 feet of a tidal wetland? * YES .......... NO ...�.... *IF YES, MR" 1UrE] TRDSIFES PM41T MAY HE MWIM. PLOT DIAGRAM locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set --back dimensions from property lines.„ Give street and block number or description according to deed, and show street names and indicate whether interior or comer lot. C` f I 0`5-3 z v S Suvir•. or M;'W YM, S cowry DF ....................... .................................being duly sworn, deposes and says that he is the applicant ....... .......... (Name of individual signing contract) above named, lie is the (Contactor, agent,_. corporate officer, .etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;that all statements contained in this application are true to the best of bis knowledge and belief, and that the work will be performed inthe manner set forth in the application filed therewith. Sworn to. before methis ... .�J..J...i.......d�day of.......... W.19?.� ... Notary Public fFANGES NEITZ (ignainre of Applicant) '7 o-. -'y PubIit, in the S*We ofNMaYW% vnie4ng _ o SuHDtk Co. ;...GA county Dierks #4725213 C�mmmssiooEapres,$ept.31)c v�.... �lev4�R'`1 g APPLICAT1ON FOR WAIVER UNDER SECTION 100-26 This review is for lots which have separate deeds recorded prior to 1983 and undersized. A merger determination has been issued by the Town Building,Inspector (copy attached). - The zoningof my parcel is presently: tU,0.006017414- The size requirement for this zone is: square feet per parcel. County Tax Map Parcel Nos: 1000 10'1 - r— 3 -2 I (we), , as owners of the contiguous lots shown on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify.for a "waiver" under the merger provisions of Article ii, Section 100-26 of the Southold Town Zoning Code. I hereby submit all of the following documents for reliance ,by the Town of Southold in making this review determination: 1. Copies of my recent tax bill for both (all) lots. 2. Copies of deeds dated prior to June 30, 1983 for all lots. 3. Copies of current deeds of the parcels under review. 4. Copy of the current County Tax Map for my neighborhood. 5. $150.00 application check which is not refundable ii this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to- file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver. tl�� ce (Applicant and Owner) (Applicant and Owner) Sworn to before me this -�day of /a%'" 19 XANNEFffZXRAW �Y � Yak Notary Public JJ� (} nesomb y �{ E�Iras CHaoSer 71,19, A Waiver is hereby approved denied ('delete appropriate action) based upon the above documentation. Issued by Reasons for application(to continue on next pace). f v _ OWN OF SOUTHOLD PROPERTY RECORD CARD -/G0©- OWNER STREET L VILLAGE DIST. SUB. LOT FORMER NER' N E ACR. haa fY1 L STYPE OF BUILDING RES. SEAS. VL. FARM COMM. C MICS, Mkt. Value LAND IMP. TOTAL DATE REMARKS 19ai errg&4, e Wyk k rgm _ AGE BUILDING CONDITION NEW NORMAL ---�Zlue BELOW ABOVE FARM Acre Per Acre Value Tillable Woodland FRONTAGE ON WATER FRONTAGE ON ROAD 'y Meadowland DEPTH House Plot BULKHEAD Total DOCK -------------- `-'OWN OF SOUTHOLD� OPERTIf RECORD CARD 3z QkVNER- _ .. STREET Z .�....�, F� .. _ VILLAGE DISTRICT SUB. LOT : - ,017JER OWNER .��. N _ E A EAGE 131 i S W TYPE OF BUILDING �S FAR Comm, D CB, MISC. Est. Mkt. Value ND IMP. DATE . REMARKS a Q � c, . a - ►1931 �8a� � F.��UJ�LI_�n .Sm,E/y, - M/s AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON. WATER Farm Acre Value Per Acre Value FRONTAGE ON ROAD:-��G, ilJabie 1 BULKHEAD iIloWe 2 DOCK Tillable 3 U w APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Fax Transmission to 298-4998 Daniel Mooney, Esq. P.O. Box 702 Mattituck, NY 11952 �i • '' ,' 1 4•r � g„ i�F '� `r, y July 7, 1999 Re: Appl. No. 4707 - Nancy Lee Wellin (Lot Waiver) Dear Mr. Mooney: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Appeals Board's determination rendered at our Meeting held July 1, 1999. Please be sure to follow-up with the Building Department (765-1802) regarding issuance of any pending request for a building permit (before commencing construction activities). A copy of this written determination has also been furnished this date to the Building Department for placement in its pending application file and update. Enclosure Copy of Decision to: Building Department Decision filed 7/7 Very truly yours, GERARD P. GOEHRING CHAIRMAN oq,o"I,V BARBARA A. REITER P.O. Box 1154 Mnrriruck, L.I., N.Y. 11952 (51 b) 298.9543 Southold Town Board of Appeals Southold Town Hall 53095 Main Road Southold, New York 11971 Attention: Mr. Gerard P. Goehringer Chairman Q �y�� 1 - JUN 2 1999 c 26 June 1999 Reference: Application #4707 - Nancy Wellin Dear Panel: Have discussed referenced application with Paul Murphy, also a member of the Brower°s Woods Association, Inc. Here are our queries: (1) Does the merger of the properties include the entire tract of land fronting on Brower Road? Mary Anna Smith owned the 3 lots compris- ing that parcel. How many of these lots are included in the "merger"? How much acreage is involved? (.2) Are the building plans available for study? (3) As stated at the meeting held on 24 June 1999, ingress and egress may be a problem unless it is on Mayflower Road where there is consider- ably less danger for the children walking, bicycling, roller skating and dog -walking. (.4) If the property is still under contract of sale, why has a well been dug? Will appreciate a reply as quickly as possible. Many thanks. Sincerely, t v Barbara A. Reiter 165 Westview Drive (fronting on Brower Road) Mattituck bar/ap cc: Paul Murphy APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Fax Transmission to 198-4998 Daniel Mooney, Esq. P.O. Box 702 Mattituck, NY 11952 WWW "Y c� g � O � E®ARI) OF APPEALS TOWN OF SOUTHOLD June 15, 1999 Re: Wellin Application - Request for Lot Waiver Dear Mr. Mooney: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 This is just a reminder that Board Members will be requesting copies of the current deeds for both Lots 37 and 32. Also, Board Members are interested in the number of other vacant lots in the neighborhood which may not be single and separate (if any) Thank you. Very truly yours, A!XP. GOEHRINGER CHAIRMAN &J LOT WAIVER QUESTIONNAIRE What are the square footage and dimensions of this lot (subject of building department merger application): s.f. ft. by +- ft. Date of first deed which created this lot: Date of current deed to present owner: Owners' names of lot at current time: Date and name of subdivision (if any): Size of remaining lot in the merger: s.f. Were there any building permits issued in the past for this lot: Yes No If yes, please provide copy of former permit and map approved. Where there any County Health Department approvals in the past for either lot? Yes No If yes, please provide a copy. Were they any vacant land Certificates of Occupancy requested in the past? Yes No . If yes, please provide a copy. Were there any other Town actions (approvals or denials) in the past regarding this property (such as a pre-existing Certificate of Occupancy for a preexisting building, a variance, lot -line change, Trustees approval, or other type of application to build or use the property in any way)? Yes No If yes, please provide copy (if available), or explain: Is there any building or structure, such as a patio, deeded lot line which separates the two merged lots? No. Yes If yes, please explain. driveway, or other, overlapping the How many other vacant lots are on the same block and immediate neighborhood? Please note other approvals or other information about common ownership of these lots: I am an owner of the subject lot and the above information is provided to the best of my knowledge. (Copies noted above are attached.) Dated: Owner's Signature ZBA5127199 " A 12,5 > RES/LENT/AL CONTRACT OF SALE 3192 Jointly prepareu by the Real Property Section of t) w York State Bar Association, the New York State La tle Association, the Committee on Real Property Law of the Association of the Bar of the City of New York and the Committee on Real Property Law of the New York County Lawyer's 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 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 of title to or possession of the Premises before the title closing. RESIDENTIAL CONTRACT OF SALE Contract Of Sale, made as of November , 1998 BETWEEN NANCY LEE WELLIN Address: 1024 Oak Chase Drive, Apt. 0, Tucker, GA Social Security Number/ Fed. I.D. No(s): hereinafter called "Seller", and HARBOUR MEADOWS PRESERVATION CO., LTD. Address: 82 Arlington Avenue, St. James, NY 11780 Social Security Number/ Fed. I.D. No(s): //- 3,4Wy0 36 hereinafter called "Purchaser". The parties hereby agree as follows: 1. Premises. Seller shall sell and convey and Purchaser shall purchase the property, together with all buildings and improvements thereon (collectively the "Premises"), more fully described as: Street Address: Grand Avenue and Brower Road, Mattituck, NY Tax Map Designation: 1000; 107; 8; 37 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 condemnation and/or for any damage to the Premises by reason of change of grade of any street or highway. Seller will deliver at no additional cost to Purchaser, at Closing (as hereinafter defined) or thereafter, on demand, any documents which Purchaser may reasonably require for conveyance of such title and the assignment and collection of such award or damages. 2. Personal Property. Intentionally omitted. 3. Purchase Price. The purchase price is SEVENTY-FIVE THOUSAND DOLLARS $75,000.00 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"): $7,50 .00 (b) balance at Closing in accordance with paragraph 7: $67,500.00 4. 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, Love Lane, Mattituck, New York 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 hold the Downpayment in an interest-bearing account for the benefit of the parties. If interest is held for the benefit of the parties, it shall be paid to the party entitled to the Downpayment and the party receiving the interest shall pay any income taxes thereon. If interest 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 payment within 10 business days after the giving of such Notice, Escrowee is hereby authorized and directed to make such payment. If Escrowee does not receive such Notice of objection within such 10 day period or if for any other reason Escrowee in good faith shall elect not to make such payment, Escrowee shall continue to hold such amount until otherwise directed by Notice from the parties to this contract or a final, nonappealable judgment, order or decree of a court. However, Escrowee shall have the right at any time to deposit the Down - payment and the interest thereon with the clerk of a court in the county in which the Premises are located and shall give notice of such deposit to Seller and Purchaser. Upon such deposit 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 per- formance 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 provisions 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 continues to act as Escrowee. 5. Acceptable Funds. All money payable under this contract, unless otherwise specified, shall be paid by: � a Cash, but not over $500.00; 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 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 $500; and (d) As otherwise agreed to in writing by Seller or Seller's attorney. 6. Governmental Violations and Orders. (a) Seller will 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. 7. Seller's Representations. (a) Seller represents and warrants to Purchaser that: �t)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 that 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. r (b)< Seller covenants and warrants that a-- - the representations and warranties set forth in this contract sho true and correct at Closing. (c) Except as otherwise expressly set forth in this contract, none of Seller's covenants, representations, warranties or other obligations contained in this contract shall survive Closing. 8. Condition of Property. Purchaser acknowledges and represents that Purchaser is fully aware of the, physiGal Gandition and aa of the v.em_iscs and of all 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, or any other matter related to the property included in the sale, given or made by Seller or its representatives, and shall accept the same in its present condition subject to reasonable use and natural 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. 9. Insurable Title. Seller shall give and Purchaser shall accept such title as any reputable title underwriter shall be willing to approve and insure in accordance with the standard form of title policy approved by the New York State Insurance Department, subject only to the matters provided for in this contract. 10. Closing, Deed and Title. "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 and Sale Deed with Covenants in proper statutory short form for record, duly executed and acknowledged, so as to convey to Purchaser fee simple title to the Premises, free of all encumbrances except as otherwise herein stated. The deed shall contain a covenant by Seller as required by subd. 5 of Section 13 of the Lien Law. 11. Closing Date and Place. Closing shall take place at the office of DANIEL C. MOONEY,11700 Main Road, Mattituck, NY 11952 on or about February 15, 1999 at 10:30 a.m. o'clock. 12. Conditions to Closing. This contract and Purchaser's obligation to purchase the Premises are also subject to and conditioned upon the fulfillment of the following conditions precedent: (a) The accuracy, as of the date of Closing, of the representations and warranties of Seller made in this contract. (b) 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 Regulations 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 Purchaser agree to comply in a timely manner with the requirements of the Gains Tax Law and, at Closing, Seller shall deliver to Purchaser (i) an official return showing no tax due, or (ii) an official return accompanied by a certified or official bank check drawn on a New York State banking institution payable to the order of the New York State Department of Taxation and Finance in the amount of the tax shown to be due thereon, Seller shall (x) pay promptly any additional tax that may become due under the Gains Tax Law, together with interest and penalties thereon, if any, which may be assessed or become due after Closing, and/or execute any other documents that may be required in respect thereof, and (y) indemnify, defend and save Purchaser harmless from and against any of the foregoing and any damage, liability, cost or expense (including reasonable attorneys' fees) which may be suffered or incurred by Purchaser by reason of the nonpayment thereof. The provisions of this subparagraph (c) shall survive Closing. (c) 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. (d) The delivery by the parties of any other affidavits required as a condition of recording the deed. 13. Deed Transfer and Recording Taxes. At Closing, certified or official bank checks payable to the order of the appropriate State, County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed or mortgage, if any, shall be delivered by the party required by law or by this contract to pay such transfer and/or recording tax, together with any required tax returns duly executed and sworn to, and such party shall cause any such checks and returns to be delivered to the appropriate officer promptly after Closing. The obligation to pay any additional tax or deficiency and any interest or penalties thereon shall survive Closing. 14. Apportionments and Other Adjustments. (a) To the extent applicable, the following shall be apportioned as of midnight of the day before the A Closing: taxes, on the basis of the fiscal period for which ssed. (b) If Closing snail 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) Any errors or omissions in computing apportionments or other adjustments at Closing shall be corrected within a reasonable time following Closing. This subparagraph shall survive Closing. 15. Allowance for Unpaid Taxes, etc. Seller has the option to credit Purchaser as an adjustment of the purchase price with the amount of any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five business days after Closing, provided that official bills therefor computed to said date are produced at Closing. 16. Use of Purchase Price to Remove Encumbrances. If at Closing there are other liens or encumbrances that Seller is obligated to pay or discharge, Seller may use any portion of the cash balance of the purchase price to pay or discharge them, provided Seller shall simul- taneously deliver to Purchaser at Closing instruments in recordable form and sufficient to satisfy such liens or encumbrances of record, together with the cost of recording or filing said instruments. As an alternative Seller may deposit sufficient monies with the title insurance company employed by Purchaser acceptable to and required by it to assure their discharge, but 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. 17. 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 authorized to issue title insurance by the New York State Insurance Department or any agent for such title company promptly after the execution of this contract or, if this contract is subject to the mortgage contingency set forth in paragraph 8, after a mortgage commitment has been accepted by Purchaser. Purchaser shall cause a copy of the title report and of any additions thereto to be delivered to the attorneys) 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 or otherwise (herein collectively called "Defects") other than those subject to which Purchaser is obligated to accept title hereunder or which Purchaser may have waived and other than those which Seller has herein expressly agreed to remove, remedy or discharge and if Purchaser shall be 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 removing, remedying or complying with such Defects at the expira- tion of such adjournment(s), and if Purchaser shall still be unwilling to waive the same and to close title without abatement of the purchase price, then either party may cancel this contract by Notice to the other given within 10 days after such adjourned date; (iii) notwithstanding the foregoing, the existing mortgage (unless this sale is subject to the same) and any matter created by Seller after the date hereof shall be released, discharged or otherwise cured by Seller at or prior to Closing. (c) If this contract is canceled pursuant to its terms, other than as a result of Purchaser's default, this contract shall terminate and come to an end, and neither party shall have any further rights, obligations or liabilities against or to the other hereunder or other- wise, except that: (i) Seller shall promptly refund or cause the Escrowee to refund the Downpayment to Purchaser and, unless can- celed -as a result of Purchaser's default or pursuant to paragraph 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 termination of this contract. 18. Affidavits as to Judgments, Bankruptcies, etc. If a title examination discloses judgments, bankruptcies or other returns against persons having names the same as or similar to that of Seller, Seller shall deliver an affidavit at Closing showing that they are not against Seller. 19. Defaults and Remedies. (a) If Purchaser defaults hereunder, Seller's sole remedy shall be to receive and retain the Downpayment as liadidated damages, it being agreed that "^r's damages in case of Purchasers default might be impossible certain and that the Downpayment constitutes a fair and reasonauty amount of damages under the circumstances and is not a penalty. (b) If Seller defaults hereunder, Purchaser shall have remedies as Purchaser shall be entitled to at law or in equity, including, but not limited to, specific performance. 20. 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 hereby made liens on the Premises, but such liens shall not continue after default by Purchaser under this contract. 21. 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 designate 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. 22. 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. 23. Broker. Seller and Purchaser each represents and warrants to the other, that it has not dealt with any broker in connection with this sale other than Coldwell Banker Celic ("Broker") and Seller shall pay Broker any commission earned pursuant to a separate agreement between Broker and Seller. Seller and Purchaser shall indemnify and defend each other against any costs, claims and expenses, including reasonable attorney's fees, arising out of the breach on their respective parts of any representation or agreement contained in this paragraph. The provisions of this paragraph shall survive Closing or, if Closing does not occur, the termination of this contract. 24. Miscellane(- - (a) All prior understandings, agreements, representations o tarranties, oral or written, between Seller and Purchaser are mcigud 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 may be waived, changed or canceled except in writing. The 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 writ- ing 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 feminine and masculine 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 executed and delivered by Seller and Purchaser. (f) Seller and Purchaser shall comply with IRC 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 deliversuch 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. 28. Building Permit Contingency. This contract is contingent upon the Purchaser's ability to obtain a building permit from the Town of Southold to construct a one -family dwelling on the site. Purchaser agrees to diligently pursue an application for the same and to keep the Seller's attorney advised of his progress in this regard. In the event that said building permit has been expeditiously applied for and has not been issued, through no fault of the Purchaser, the Purchaser may cancel this contract by notifying the Seller's attorney within 90 days of the contract date of his inability to obtain said permit. Upon return of the Downpayment paid hereunder the parties shall have no further rights as against each other. IN WITNESS WHEREOF, this contract has been duly executed by the parties hereto. v%�I HARBOUR MEADOWS PRESERVATION CO., LTD. Purchaser N Y EE W LLIN, Seller BY: q�_ CHET MI CHE Attorney for Seller: DANIEL C. MOONEY, P.C. 11700 Main Road, P.O. Box 702 Mattituck, NY 11952 Tel.: 298-1100 Fax: 298-4998 Attorney for Purchaser: JAMES C. SCHULTZ, ESQ. 318 Terry Road Smithtown, NY 11787 Tel.: 724-1637 Fax: 265-6764 Receipt of the Downpayment is acknowledged and the undersigned agrees to act in accordance with the provisions of paragraph 6 above. Escrowee Contract of Sale TITLE NO. NANCY LEE WELLIN TO HARBOUR MEADOWS PRESERVATION CO., LTD. PREMISES SECTION 107 BLOCK 8 LOT 37 COUNTY OR TOWN SOUTHOLD STREET NUMBER ADDRESS APR 26 '99 12:48PM SOUTHOLD TOWN HRLL 516 765 1823 r VEST-10 AIRE y0R yIDING WIITI3 YOUR Z . B . A. ,APPLICATIOIN A. Please disclose the names of the owner(s) and anY Other individuals (and entities) having a financial interest in thG- t emises and a description of their interests: sub]eC pr (separate sheet may be attached.) /j/ 0 M/ t5 - P.3 B. is the subject premises ist on tE-e-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 V-} No D, 1. Are there any areas Which conta_i m wetland grasses? 2. Aze the wetland zrsas shown on the map submit -Zed with t.is ,app:ication? /\/o • 3. Is the prorerty bulkheaded bethe wetla� area and t: -Ie up l=id builcing area? 4 I s your propert l contains wet -lands or ;and areas, have you contacted the Office of the Town Tr -15 -tees for ; `s determination of jurisdiction'; Ll F. is there a depression or sloping elevation near t -He area of to proposed const`_^,:ction as or below five feet above me` sea level? (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist acid awe not shown on the survey map that you are submitting? If none exist, please state "acne." G. Do you have any construction 'caking place -at this tie a concerning your premises? 1.60 yes, please subcait 'a capg of your building permit and map as approved by the Building Department. I! none, please state. M. to you or any co-owner also own other land parcel? ,05 If yes, please blain where of deeds. � operations Conducted at th:s and 1. Please parcel list present use proposed u,s® u ^o Z ed signature and Date 3/3?, 10/90Lk close to t l -s or svjxa�.y covies h 'APR 26 '99 12:48PM SOUTHOLD TOWN HALL 516 765 1825 P.4 P rho-Town o. inbereet o purpose of alert the it to take YOUR N,1 HK e APPLICANT TIZANSACTIONhL DISCLOSURE' FORK Soubhold's Code of Ethics ProldbIbs conflict the RarL of town officers and em to ees. T th a form -is to—P-rovide information which carr own of -possible Conflicbs Pf interest~ and aiiox__ whatever action is necessary to avoid same. ZZ V1 4LI (Last amee first name, middle initial, unless you are applying in the name of someone else or: other entity, such an a company. if so, indicate the other person's or company's name.) NATURE OF APPLICATION: ( Checle all that apply.). Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map other �1 (If "°Ther," name the activity.) Do you personally (or blwrough your cernpany, spouse, sibling, parent, or child) have a relabionship vibll any officer or employee of the 'town of Southold? "Relationship" includes by blood, marriage, or buninene interest. "Uusiness inbearest" means a business, including a partnership, ill which the town officer or emplayse has even a partial ownership of (or employment by) a corporaLion in which the towns officer or employee owns more than 5% of the shares., YES NO If you ansvered 'FBS," complete the balance of this form and date and sign where indicated. Name of person employed by the 'town of Southold Tittle or position of that person Describe the relationship betwoen yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or deacribe in the space provided. The town ofricer or employee or his or her sponse, sibling, parent, or child is '(check all that, apply); A) the owner: of gre.,,iber .than 5% or the shares of the corporate stock or the applicant (when the applicant, to a corporation); 8) the legal or beneficial owner of any interest in a noncorporate entity (when the applieattt is not a corporation)t _C) an officer, director., partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONS111P Submitted this da of 199 9ignature!J Prtnt., name 7 Vel -cid Fk:9PPLICANT'S REASON #1: APPLICANT'S REASON #2: (PLEASE USE ADDITIONAL SHEETS if needed.) LOT WAIVER QUESTIONNAIRE What are the square footage and dimensions of this lot (subject of building department merger application): s.f. ft. by +- ft. Date of first deed which created this lot: Date of current deed to present owner: Owners' names of lot at current time: Date and name of subdivision (if any): Size of remaining lot in the merger: AIAWC / 1,7 tE tJ�LL nl s.f. Were there any building permits issued in the past for this lot: Yes No Y If yes, please provide copy of former permit and map approved. Where there any County Health Department approvals in the past for either lot? Yes No V- . If yes, please provide a copy. Were they any vacant land Certificates of Occupancy requested in the past? Yes No K . If yes, please provide a copy. Were there any other Town actions (approvals or denials) in the past regarding this property (such as a pre-existing Certificate of Occupancy for a preexisting building, a variance, lot -line change, Trustees approval, or other type of application to build or use the property in any way)? Yes No K . If yes, please provide copy (if available), or explain: Is there any building or structure, such as a patio, driveway, or other, overlapping the deeded lot line which separates the two merged lots? No. >_ Yes If yes, please explain. How many other vacant lots are on the same block and immediate neighborhood? Please note other approvals or other information about common ownership of these lots: I am an owner of the subject lot and the above information is provided to the best of my knowledge. (Copies noted above are attached.) Dated: 9�& Owner's Jignature Executor's Deed - Individual or Corporation. N.Y.B.T.U. Form 8010 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the % C1' day of October, nineteen hundred and ninety-eight BETWEEN, THE SUFFOLK COUNTY NATIONAL BANK, a New `York banking association with offices at 295 North Sea Road, Southampton, NY 11968, as executor of the last will and testament of MARY ANNA SMITH, who died on the 2nd day of March, nineteen hundred and ninety-eight, the party of the first part, and NANCY LEE WELLIN, residing at 1024 Oak Chase Drive, Apt. O, Tucker, GA 30084, party of the second part, Witnesseth, that the party of the first part, to whom letters testamentary were issued by the Surrogate's Court, Suffolk County, New York on April 21, 1998 and by virtue of the power and authority given in and by said last will and testament and/or by Article 11 of the Estates, Powers and 'Trusts Law, and in consideration of Ten ($10.00) Dollars, paid by the party of the second part, does hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever, ALL THAT CERTAIN plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded as follows: BEGINNING at the intersection of the northerly line of Brower Road with the easterly line of Mayflower Road; from said point of beginning running along said easterly line of Mayflower Road, North 11 degrees 17 minutes 20 seconds West, 125.0 feet to an iron pipe; THENCE along land now or formerly of Hansen, North 78 degrees 42 minutes 40 seconds East, 150.0 feet to an iron pipe and other land of the party of the second part; THENCE along said land, South 11 degrees 17 minutes 20 seconds East, 125.0 feet to an iron pipe on said northerly line of Brower Road; THENCE along said northerly line of Brower Road, South 78 degrees 42 minutes 40 seconds West, 150.0 feet to the point of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to Mary Anna Smith by deed from Harry E. Mason and Flora B. Mason as Trustees under the last Will and Testament of William H. Mason, deceased, and Harry E. Mason, individually, dated March 1, 1962, and recorded in the Suffolk County Clerk's Office on March 5, 1962, in Liber 5134 page 76. 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 line thereof, TOGETHER with the appurtenances, and also the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of the first part has or has the power to convey or dispose of, whether individually, or by virtue of said will or otherwise, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees or successors and assigns of the party of the second part forever. :} 1H800 STATE OF NEW YORK, COUNTY OF ss.: On the day of , 1998, before me personally came , to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed same. Notary Public STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: On the % v7day of October, 1998, before me personally came DAN A. CICALE to me known, being by me duly sworn, did depose and say that he resides at 1 Fielding Avenue, Dix Hills, NY 11746; that he is a Sr. Vice President and Trust Officer of THE SUFFOLK COUNTY NATIONAL BANK, 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 corporation, and that he signed his name thereto by like order. Notary SCHWARTZ 2711, Notary Public, Stato of New York No. O1SC4653110, Suffolk County, _,/DO Term Exp'►aETUM RN B MA�ILoiTXO: WILLIAM H. PRICE, JR., ESQ. PO BOX 2065 GREENPORT, NY 11944 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 incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of improvement and will apply same first to the payment of the cost of improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written IN PRESENCE OF: THE SUFFOLK COUNTY NATIONAL BANK /1 DAN A. CICALE, Sr. Vice President and Trust Officer AC i77c3u This page forins part of lie attached Executor's Deed (SPECIFY TYPE OF INSTRUMENT) THE SUFFOLK COUNTY NATIONAL BANK EXECUTOR— The premises herein is situated in ESTATE OF MARY ANNA SMITH SUFFOLK COUNTY, NEW YORK. NANCY LEE WELLIN TO In the'Township of Southold In Lie VILLAGE or HAMLET of _ Mattituck made oy: BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING, .2 s 11931N798 R[-CEIVE1) gyp,,.. '.,'ti 90 DEC -2 Number of pages DEC 2 1113 lif.fi ir'tIEi TORRENS CI -EH OF -OLl1/ COUNTY Serial # T Air,! % FFT-1 T P01 r , r Certificate # C�.�1.18� TY # 17786 Prior Ctf. Deed / Mortgage Instru vent Deed/ Mortgage Tax Stamp Recording /Filing Stamps 4 FEES Page / Filing Fee �`� Mortgage Arnt. Handling -5 1. Basic Tax TP -584 h� 2. Additional Tax Notation Sub Tptal EA -5217 (County) JSub Total �� Spcc./Assit. �- EA -5217 (State)= or Spec. /Add. R.P. T.S.A. r r — TOT. MTG. TAX Dual Town Dual County Comm. of Ed. 5 .00 F,� Held for Apportionment Affidavit mZ ;�' * �14Nb 'Transfer'I'ax C� 1NDt46 Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by a one or two family Reg. Copy �! dwelling only. Sub Total— • YES or NO Other If NO, see appropriate lax clause on page H GRAND TOTAL / of this instrument. � 7 �i. Real Property Tax Service Agency Verification 6 Title Company Information c Dist. Section Block Lot N/A xcl Yh 1000 107.00 08.00 037.000 Company Name N/A tc Title Number Initis <$. FEE PAID BY: Cash Check X Charge William H. Price, Jr., Esq. Payer same as R & R X PO Box 2065 .(or if different) Greenport, NY 11944 NAME: ADDRESS: RECORD & RETURN TO 7 (ADDRESS) Suffolk Comity Recording & Endorsement Page This page forins part of lie attached Executor's Deed (SPECIFY TYPE OF INSTRUMENT) THE SUFFOLK COUNTY NATIONAL BANK EXECUTOR— The premises herein is situated in ESTATE OF MARY ANNA SMITH SUFFOLK COUNTY, NEW YORK. NANCY LEE WELLIN TO In the'Township of Southold In Lie VILLAGE or HAMLET of _ Mattituck made oy: BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING, Executor's Deed - Individual or Corporation. N.Y.B.T.U. Form 8010 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. /3 tn - N0vem6e r THIS INDENTURE, made the i+ day of October, nineteen hundred and ninety-eight BETWEEN, THE SUFFOLK COUNTY NATIONAL BANK, a New York banking association with offices at 295 North Sea Road, Southampton, NY 11968, as executor of the last will and testament of MARY ANNA SMITH, who died on the 2nd day of March, nineteen hundred and ninety-eight, the party of the first part, and NANCY LEE WELLIN, residing at 1024 Oak Chase Drive, Apt. 0, Tucker, GA 30084, party of the second part, Witnesseth, that the party of the first part, to whom letters testamentary were issued by the Surrogate's Court, Suffolk County, New York on April 21, 1998 and by virtue of the power and authority given in and by said last will and testament and/or by Article 11 of the Estates, Powers and Trusts Law, and in consideration of Ten ($10.00) Dollars, paid by the party of the second part, does hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever, PARCEL I: ALL THAT CERTAIN plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded as follows: BEGINNING at an iron pipe set at the intersection of the westerly line of Grand Avenue with the northerly line of Brower Road, and running along said northerly line of Brower Road, South 78 degrees 42 minutes 40 seconds West, 150.0 feet to an iron pipe; THENCE along land now or formerly of William H. Mason and Harry E. Mason, two courses as follows: (1) on a line parallel with said westerly line of Grand Avenue, North 11 degrees 17 minutes 20 seconds West, 150.0 feet; thence (2) on a line at right angles to said westerly line of Grand Avenue, North 78 degrees 42 minutes 40 seconds East, 150.0 feet to said westerly line of Grand Avenue; THENCE along said westerly line of Grand Avenue, South 11 degrees 17 minutes 20 seconds East, 150.0 feet to the point of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to Mary Anna Smith by deed from William H. Mason and Harry E. Mason dated January 8, 1954, and recorded in the Suffolk County Clerk's Office on January 18, 1954, in Liber 3640 page 304. PARCEL II: ALL THAT CERTAIN plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: - BEGINNING at a point on the westerly line of Grand Avenue, 150.00 feet northerly along said westerly line from Brower Road, said point of beginning being the northeasterly corner of other land of the party of the first part; from 'r4Y. said point of beginning running along said land of the party of the first part, South 78 degrees 42 minutes 40 seconds West, 150.00 feet to land now or formerly of Hansen; THENCE along said land now or formerly of Hansen, North 11 degrees 17 minutes 20 seconds West, 75.00 feet to a monument; THENCE along land now or formerly of Mason, North 78 degrees 42 minutes 40 seconds East, 150.00 feet to said westerly line of Grand Avenue; THENCE along said westerly line of Grand Avenue, South 11 degrees 17 minutes 20 seconds East, 75.00 feet to the point of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed from Harry E. Mason and Flora B. Mason, as Trustees under the Last Will and Testament of William H. Mason, deceased, dated January 10, 1961, and recorded in the Suffolk County Clerk's Office on January 13, 1961, in Liber 4934 page 406. 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 line thereof, TOGETHER with the appurtenances, and also the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of the first part has or has the power to convey or dispose of, whether individually, or by virtue of said will or otherwise, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees 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 incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of improvement and will apply same first to the payment of the cost of improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written IN PRESENCE OF: THE SUFFOLK COUNTY NATIONAL BANK DAN A. CICALE, Sr. Vice President and Trust Officer 31P'6798 STATE OF NEW YORK, COUNTY OF ss.: On the day of , 1998, before me personally came , to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed same. Notary Public STATE OF NEW YORK, COUNTY OF SUFFOLK ss.: 13 °' fVC)V m,6 --r On the 7th day of-Aetebe>F 1998, before me personally came DAN A. CICALE to me known, being by me duly sworn, did depose and say that he resides at 1 Fielding Avenue, Dix Hills, NY 11746; that he is a Sr. Vice President and Trust Officer of T14B SUFFOLK COUNTY NATIONAL BANK, 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 corporation, and that he signed his name thereto by like order. Notary Public LINDA SCHWARTZ Notary Public, State of New York No. 01SC4653110, Suffolk County / Term Expires Mal-h--lG, RETURN BY MAIL TO: WILLIAM H. PRICE, JR., ESQ. PO BOX 2065 GREENPORT, NY 11944 Number of pages TORRENS Serial # Certificate # Prior Ctf. Il Deed / Mortgage Instrument A1 17'788 1i,..,E I. ' _. tI DEC 2 1998 MANSFE a "I'• ;A OF s S •moi'^^ " �yl�� r � coolurY qa DD DEC -2 AN 9; 18 C,111,`r+ r'o,r�t?C (:l_EfZ1S 0. SU FOL;{ COUNTY Deed/ Mortgage Tax Stamp Recording /Filing Stamps FEES Sub Total ^ Sub Total GRAND TOTAL' -- Real Property Tax Service Agency Verification Dist. Section Block Lot Stamp 1000 107.00 William H. Price, Jr., Esq. PO Box 2065 Greenport, NY 11944 08.00 1 032.000 " Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub l'ptal Spcc./Assit. or Spec. /Add. TOT. MTC. TAX Dual Town Dual County Held for Apportionment Transfer Tax Mansion Tax Tlie property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO 1f NO, see appropriate tax clause on page N of this instrument. Title Company Information N/A Company Name Title Number 1 ' FEE PAID BY: —� Cash Check X Charge Payer same as R & R x (or if diffcrcnt) NAME: — ADDRESS: RECORD & RETURN TO (ADDRESS) g Suffolk County Recording & Endorsement Mage This page forms pari of the attached Executor's Deed (SPECIFY TYPE OF INSTRUMENT) THE SUFFOLK C U EXECUIOR Tlie premises lierein is situated in SUFFOLK COUNTY, NEW YORK. ESTATE OF MARY ANNA SMITH TO In die lbwrtship of Southold NANCY LEE WELLIN In the VILLAGE made by: or HAMLET of Mattituck BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 4 12-0104.7 Page / Filing Fee Handling .�� TP -584 Notation ' EA -5217 (County) EA -5217 (State)-' R.P.T.S.A. Comm. of Ed. 5 • 00 Affidavit Certified Copy Reg. Copy 011ier 17'788 1i,..,E I. ' _. tI DEC 2 1998 MANSFE a "I'• ;A OF s S •moi'^^ " �yl�� r � coolurY qa DD DEC -2 AN 9; 18 C,111,`r+ r'o,r�t?C (:l_EfZ1S 0. SU FOL;{ COUNTY Deed/ Mortgage Tax Stamp Recording /Filing Stamps FEES Sub Total ^ Sub Total GRAND TOTAL' -- Real Property Tax Service Agency Verification Dist. Section Block Lot Stamp 1000 107.00 William H. Price, Jr., Esq. PO Box 2065 Greenport, NY 11944 08.00 1 032.000 " Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub l'ptal Spcc./Assit. or Spec. /Add. TOT. MTC. TAX Dual Town Dual County Held for Apportionment Transfer Tax Mansion Tax Tlie property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO 1f NO, see appropriate tax clause on page N of this instrument. Title Company Information N/A Company Name Title Number 1 ' FEE PAID BY: —� Cash Check X Charge Payer same as R & R x (or if diffcrcnt) NAME: — ADDRESS: RECORD & RETURN TO (ADDRESS) g Suffolk County Recording & Endorsement Mage This page forms pari of the attached Executor's Deed (SPECIFY TYPE OF INSTRUMENT) THE SUFFOLK C U EXECUIOR Tlie premises lierein is situated in SUFFOLK COUNTY, NEW YORK. ESTATE OF MARY ANNA SMITH TO In die lbwrtship of Southold NANCY LEE WELLIN In the VILLAGE made by: or HAMLET of Mattituck BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 4 12-0104.7 R 'TMs irirwA■. a.ie +i. lata .., .r Na ammolop .0 u..+ .8' tiftrollfa awry V SUSAN V. 7G0SLXZ, wi6m of 0■ARi.N 1. SwSLR, Poalll.ag at Now Sutfelit, is %b• Iowa of Seathela. Suffolk •.ounty, ■Mt ?matt. t •MrAt Se Ant rt ad , t VILLIAM N. MASON and RAW t. MAM M, both 1 +. 1"1;1!1■ as "Suffolo Yo the Town of Ssutnold. Suffolk %watt. . ■w deft, ( • prq Of on SKcMd Part• { WINNOW 1. that t1• party of & f,rw pan .n rna•'Ar+.n..n "I E ��1rR � X25.00 % • .r are + UwW tetany N on Wow Swas,a" other go&ad Valuable •easltesat ton n••+ UPON parti a! Art snood pan, boa West. frawmW Mete on. tie parry ,it;,* W.W4 Part, %belr 1 ialraa 9=•eutor4•.AA•iniftrators, ouossooer• and meow. `ALL flat ••stain plea* or pare•I of land •itrat• as Mat,%iNok, is the #rsa of Soutbeld, County of Suffolk and hat• of ■otr York. C e bol m"d and deoeritted ar follows: �I■M2MS at spoint ea the "Wanly Alas of ` t4mmd /lona• at the asr%boa•t•rly ssrast or the prmlees b•rels deesribeA sad the •eutkeusterly , amemV at Of Robert trest•a, 90060%b Moassl,l WRobert "Zr, (formorly 1• S• %Ulll ■ttatR) sea s 1tlmmiM al Sail rpstorly line of Orae! Amemue, 5 ommsSN r of at• 7 l 1 •S 1 e 040 00 �A�. �2 two; trt�iaa i t) b. j? oo �. rKo.31 t..: i �ir,•.a. S g. 11 Art too �. cls.►i toot tl eo Sb) i. �'1 SO• R To.o+► feet; theses (5) �• 5P 00 foo ■. lr. toot N Janl of h2Aa riot ■dlw� tb•a�s ahoy fait Is" of rredoriok idl•aonn 5 11 170 to R 60.0 feet to %he average hip water sora of Lown Or**; n %hens• ofm# said average hip water asst of Loss 0"46 a"Ip ong the average kip water of II �' Mani greet the follovi •wry«: ri'lLse eft V" V. 90.71 feet• themes t� Ma if boy i��r. elh.ir test; %bene. (�1 S. ►le a y0 r. J ••t cuss. S �) S� oat • r. T1. ra f•tt tea.• 1 56 06 10 V. �.erroot thew• t6) . 1� 10• r. 155.66 f• t thoset (1= M. t SO• r. ii) -01 t• t !o)•Tj f. eo ►e so • r. N7.7% Peet; than ;0• )T 90 .}} bilebe ts.` them** 04(as ■. 1 »1.50 fest; P11.90 %. 1� we i Poet; one• r"00 then•• (1S) ■To 80 ■. �1 Dost , ! theh.. ills) no 540 41 Mu V. 101.1) lie% Lo s�(t Is" of Prost Mansell and Muir; thewo alsa�g eats land •t • Menaf}3 and Mulr t een1OM o0 �a! R Tl or ►ortlhb �• [. 3A.S0 toe%• (bss•s a . e • 15.99 foot to Vas point at + . bogi"INS. ,} ttoatalaiag 51.5 asr", more or 1Nf. N .. . 16 . 1. 10 + tailor it ay, and all r1obt. title sod latarNt of Me ports of SM :frit PWS K• th a" N land below lk� Water cart and saw fao rater it, EgUxle t %rat and Load are* "Joesit to paid Pren/aea. 9060"k with all PAPA. title sad pwwo it !Is of two party w hvs%*part of.td to -ti% wow K iissd %I a ayMMi M nada �a�iaM to w oerAor iiM.:h~* Nib! M orwynta, eaoNMla,. sfs"PIVUasa eY a%roeia"u, it any, at r000td. �ffi1�! N r/ Nate at tam i =6"W"66 survey t\areet ra Mew ar aporoMa1 1s+Mtiaia* "Seas*% wo ay iadpew N tie me some /melena aes081 to tan party of tM tuft two, w :roma %unto. tra or art Mlr1iM Ayes stay w ts000sore "odor tea was all mod les"ao s of so% » 0. ororer. %aooaaod.' M 40" dat" MfrM, 3ps 19%. and raaardod d. 1910, 1a ria office of tda %deal of of now" at G'wT*u la Wbw flit at ho%a. at f o get. ma tt►o Some we"" aasraI I N the Party orthat pals %w norm" P. emokwaal` and jam" Y. Ayalq ►y Y"od liar T. 191."" rewrded %ay %. ?a tae offioo of tae a1ori d sae aoaatr or w.rrols sa IAbw jiu at •• saw at pqp ►�!• lyro Sao bona oseo,.tod gad dou.ord almd%asasss}S a:.vrisr, sad taaaadaa to be paaw*w6.a Nrowo arsar ""Op L w fan or twEmr-y'R �taoss�s t1�i,%!e!!91 ioz.t,sr, .tai owtow� tions owes lose aorowim sad was Wa a" yaiatod M tea Pawnee Of tae aeooad fart aMela to wean t. PWAW q aeesro a forties of taw padw saw or oomsulgq Rina for talion w nada saarat- ` go" was sad.. 00 wasp"m VA r r ..w, w Me r+ per w, ie .d M or &oft r+ a ...ar.i.Offil"d i• ar.ldaf pp" a aw east an dtiwd. 4 i .g► dy o posomw odd d 00 son ow NON r Nr Pay d to ria p.t 1n .r r � Wath I* MAN MO N Wath r py w. /rd -0 dw POW d * --a W= Nw..r. was, aaasraaoa, adM�latrasa�s, awaomme r ,i yy� i • I h 1 •. i AIS e4i perfy of the Orepeae, M waqWrtca wK► Sortioa 13 .+1 M. that pole prey of Fas twf pore wO waive w eaddrealo for " coa•"Mm aad w& ►dd •tr nOA to laiafw 06 SMOd Mod= a a alt Mta r fte Op WW &A Me tfr furpore of p4r" tlti cart of m Wmpnrm pow wf *0 apt! sw oar i"M drt'a)a.w of doom of tW bWo.atr tollo r UwV YT W" Of fM w4W �f 1M mow fw AM w pay of w Gm fart *mow& as loll— fIp; tenor..T-Tim OW p" of *A" pm is wurl of dw urd prrrr+ ,r. (r. .rnPw, oat Aw �Mrl r�+r M dower da atrlrt : fioafm_Iba dw pay of w "and pre "Vey +l°y tfw �rA frrwrr. Tartar— TUM tfir W pradr at frac SO rae'arbrarra, n duvet nl PROW r ilrt tW prt} of tM Sm prt wo owaAc of prone am fuer:-. werwrj 8, em of rM dlle w ala preoiw. Fwm,Tirt rid pate of dw ter fan will lweeef warra c w ewe to w•i 4swr• M WVMM SWUM on pony of dw Mw part No 4uh erear4 Nw 'Mad do Ary owl Am W abee ertfetaf► 1'i l�aaelA M: r ' gun (jam `` w i (� a� Om *8 1`1h a7 of m P.Mr!►e ►MMa rid tw*—tm, floe r peasaa* as SUGAN T. P90GUM fi• If1t irw es 11t w ldirf6N drni48d r and off* to,rc Nui IW %ort ' d Irlae.Iw ver aarf rIww l � drw fffN Owaetae+ � �' # REC RDEJ ;,...,. -. Mrr 14 INK OsIY(ar >yffti4lkK f%dMfo � f -rove M ISIPW T"& MW p or fA do bay of r�w..a 4uan4oA ow` • tido* r PONAMYy oar M r Ywow fa be to won"l aavftd w awl 066 Its"w* 148 *%.N oft took aM1+ 41 I 4 `y arrw % ! � T ,• .w...r 10'► f. a a.qw W 0'w A fw..r err e.w.r- ,fir-1.�..,�1 � (.rr+�r e�T ieM uarto nesse frerlrae T.rM . tnrt nwtRs..wrt f..oeu R aaiR R trwtsi eNt T 11Ot1fTllSltl t `S seer a.. /fr dy d"NWY. s.d mixt,-two "TWUP PUT S. NAM and B. WON, as Trustees under the Last Vil and Tostansat of M1:law H. Mason, deeoaied, and N&M t. v . 1Sd1trt4ua:l7, residing at Now Suffolk. Town of Southold, Suffolk _. ewlr t, . now Te rk , !e1! or da iron #ewes mod MARY t/1d,SMIT9, residing at State aospltal, `sets! illi;. Suffolk CeM;y, New Tort, . pwlv d ow -maw Ret. err 0'e psq of dr arw fi..6ta .sa�ircanoe el Osp1 "S"Sa" 11616t atssfr" ieoortty-fio. and 00/11-----4--------------------tta,t+IS.rO/in wt.r moms a se 1 howl t+nr,, pr 3 IV fin pqv Qd s0' «ate l+t. dsm rr,r isM1 ad rd..r umas da pM ed dr asnad W4 *, 0'r. n " mamma" ad sir ol do pry of da name trw t..e.e.. BILL so ends vilk Bier • pard of Wdj Fmat iM.. 404 And t+W[ MAN at NattitORk, POW of Sasthold, Nat fOlt ('east,, Now r I Tors, soomi#" w Se"ri►od so follower matmam at tae latera•• ea of We nar wri, Ilse of go ow r goal witk 0160' *as tA lineorM&Yrievor Iosdl frac aOu Po1gt of {i # r,ogintaiae rsm' .itag e10% said. 0 6sterly lhla of liaTflaror !load, M. Ile t 11. 20' if. 1 -G foot to on i Poj tightsa along land of Season I. w ve not a. 150.0 feet t an tree p1►o mid o4or Isla of the Psra, of %be sees" Part, t e along Said land, A. Ila 171 20. 1. • ` 1-25.0 test to as tren Pipe s+ Wald ttortkorl: lase of drwrer so"; tdlesce along W4 sesftorl, 11 s of irewr Road, S. Sae 42/ 40• W. I 5U. ^, bout to tr o "I Wt of "S AU n4' i gihlt"T to .use fodlevisg 4 wev~ts asp restrleblons. 1. So boltategs other mo, prlUlate dwelling for So use and ess"Power 1 of oro finally awe o0' p - i • • to sarage shall be . r d. an tMid pmmises. 0'e, owlltttg 0 ted tbAmew shall coat set loss thaa 0'A# e{,, deter -hod #.1. a .rooted 1t1-roou shall ^Mt net 10 - i;aM- teen �1. F 4N+s7.4X� 2, TYu predl%os Wiai 1 00 b- 660". for the mom*fa^ ca a or sale at rrlh"Ilse ur go"o of ar<y *I or r( a" trode or- b"lno-we whotee- soor or t., IW 41"1.0 *I' •nrPLOV*r -siotag ". ew.wMfat •tear. d rj r 15H.1`. -i-f No itab:,s o^ outel4o tol:rts 11 br 440"d ea said Promises sad so R4118sace shall be great or all sa a�4 frsmisN and so ase shall be Nada Psroaf tact ' 1 bo M tall aealiM of or offsasiwe to "a 0*0000 at •' Afit r mall :torp K tan first part, t►oir heirs and aMiaas, as 4. No fences or hedgoa,efo.r r for it ►mi It be •rr.!*d on any said premlaes and said femese 4900 041 be smiatelsod am kept in good oppooraaok. 5. bo port of any dualling or garico .saitiell /w r"w—so"d en Bald pr*vsos within 25 lost of ilalflor r Ps", or wlt►ls 5 root lor- the other boundaries of aatA rromisea • se raft Of sly esee►Ml shall be wlthls to foot of say bowdoriis sf.emi4 promises. t (� 6. ■n f owl , roil t ry. . 'W' ' sono e r k wastes s sltml 1 be rapt on said promises other than demean* pets. n+ 7. to trailers •hall be d6rt, me44 or &Iles" sm *&14 promd0os sseept when Rept with:■ as eaolasod da These osw*asats an4 rsetristlosm iN &,I ram o "o Asad bray ceswwy04 am4 aball bind sad loom to beeerit at bfo So" partiN berate, the}r ho'.rs, admtnustra*wrs'iced assipLa Sart11 daps" 1. 1,97$ mai said covenants and-eetrlofiess •eel bo esforwea by astlw for r t iaaaS*s or ytyemstlora or beta, wet'.: thm lit 447 ot Jamaa:l,yM , Tbea0 sowereata sacs r*strjm.%iossrola Laos*" saau owly- solely is ,tie Arealaoz bersim seeesfel those SOV%Uarta du re - so stristia way be medirlod, abaad*d or :04004 by wo ristlem at tae first Pitt, ttsir heirs ori &"I$" r the owrors or Wag p for tho tisk bolas.` t&o sertlgi! -or s►. t %rc roowr+ieg rod rslatnias all resteteting rtou sol rtad prapefties are owmai or whIrh mail D• a- Isllro4 by tb". f 4 e a +► rM .� di! ddr �MI�M. e� Y�. N �K �i r flt k� we �'� � ".my jw M lh a ow I— Mred. 4 t .ar to am d r■ 40M OW 000 Sd *A PW d b+t y • TO NAri AND Tic NOLA) ..r Ur p m of st wed *t�' bd. r raarra. n./ au*w d Pier wly ON ataed pIR M.e.er a a � } r 4 AAM 4W paarO d `e Me 1wc 1 rM .� di! ddr �MI�M. e� Y�. N �K �i r flt k� we �'� � ".my jw M lh a ow I— Mred. 4 t .ar to am d r■ 40M OW 000 Sd *A PW d b+t y • TO NAri AND Tic NOLA) ..r Ur p m of st wed *t�' bd. r raarra. n./ au*w d Pier wly ON ataed pIR M.e.er a } AAM 4W paarO d `e Me 1wc ur pow d i bw p t Yr me am w eloetd rwl� 4 d. meromom Yw me eaaaeraed IN aan ..e oWewr. sap a! airae.ii 1�1 a�t Lroeir 13 d eYa Litt Lw. urgamlar rt lw!'( •r #,r,•�! �it4 �Ya far ib mope aw/ � W ~ a� r Tom*** M& aaaald r a w" 4d M be far !ar to ..r. re alar firm to so p" i.l ane .4 *04�e�r'MMR �tlarr urs aar }� Ioa.l d !ar .00 aat r,FeAt1► T1r w.a "w.� M� 1r as iI M _d `peeha" nerar dw sow #As kW Pry .r npiae� WWII .f wr W PWI � � ry"r'Mdr" Marta b. ow"Of bra ra.w .row& is awl- e•rT L epi" rig 140 lb saw a wr To& **gem • r. WAN w WN low as""• w M Or de / �.i) e1 low .6r4 t: Q dw 46W40 M . WM++M tlse�f YLlltYlj it. Ko" ow ►e+wsmor neer rLOWA b. PASO r sit hmom r br on idiwAwft diteeea , w &ad le we beewtl M ie dee rednd rt ieeRirei K 4" U60 �mN dm. sweseeet red edtreeleddw{ ewncwrd dw go �rewme aed .��� dirt Lho t �aw�Mi (A ire ��IFfff�il�e / lam_ 44�l�r%J t .,1rdx T.. !I san op w wra swrn M s# saw M table tri, so"" • +� ON tae_iqrirdeee O* de 4"d M - . btde*e 0* pffsoommy to sr haws. wiq beau by sr r1 m-% did dom w'_ 1, 1 r of kwePdi ittrtrnea. Oft s7 4 be go"" r No i "w. all F P est b► rte dir aw be r dw . d dwd 4 dr w sd foegdttd dne r ife aiul trove die wr d wid or}."; dirt ft wW drmerdW4 w WA I" oft"Wad dw fee Vrrs�e to rid WAWW W ie eeb awomaw ad; so it wee On M- eeid eeiev-, a wew twee wed w aOWW mdse d dw I d d- 49 aid ONSO t to a ;,eftd drat awl Wbe... be :rod r ..e *mw4ft b die sph dr aw w.e wdrrid b *am . iwm.. O k' •,..d.,i M t * W n M ..: W %-I . --d SAW -M f M..MM MMM (j. -.,.r', A.W I.O o w r V+fM�MM. CGOW 1M LAWTIG eePAaes W"We twit • flu! WrOMM SMOots $! ssls M tatNW SAT ) '� it► 3r , TIl11UCW6ffnMJL medr ts,e �-►- dq ,� . u. Om Mrdred !&d sixtyrtwt8 MCTMUM WAY X. MOON sn(s FLORA S.:,My80M, as ?wets*• tutder .tbo ;.set r! 1 t and '«eta ,Ont of 1t1 Tian H. )hson, deaesied, and 11him it JO, 1nd1Y14ua:41y, residing at Mew Suffolk, Town of Southold, SWO11k _t ounty, Uw York. er s.e bra ran. am MAY ANNA lll8, residing at Stato Hospital, ;'.'Sutra! Islip, Suffolk ^arnty! low :York, . S 1 Per" d tr► .ermw Part c "' dw We ran) W for iret port"ih ecaN/eatin r { :1'4d1MrM � , itlsett7-rit►e and 00/luU------i----•----•••.�.•.w+.«.e..�i��j'.W�'� low }d n.,rr ow l'sned t,4 r b.w ae PW" ad the .e"WA r -r+. 4m hereby pe t s.d ndwr m do ai Se;eawi d 10*0!W1 it s-eeewan had aseteer W am rlev of ae i M! iota., y ii A4t Jnr eenrla rex. pow er V -M e f !`I11A ' I"" ..l was auMaa & t Matti t ire k;, own of . *Wthol d, stiff elk �Ca ktt, Sar Yore, 60004ed &no desteribed ani fellowat . gi�ItY1Jk; at-tM isE.eraac�ion er t�'tlarObari# iisi of iroar�r *Chad r: tt %be *as tas, Litt of M&yflowott salol) frost poftt of beglnnir4 rtat>Iltins ua% said: a starlf luo at *WIN~ 1tom, N. lie . 17r i-vo if. 1k -Ce feet to an i+Pipej .th9me arong land of ""On f I. 7e0 42* rite- c 150.0 feet t as 1roe Vi*e and equr law le tilts party of tint seaooe part; tho a almg stfd land. 1. 110 JTi 200 Y. 1?5.0 feet to an 1rer, pipe oa aid mortt►orlj line of brewer go" 1 th*W# aiayt sa!d norldsr;y I a ot-110040of Road, B. 10' 420 40' Y. toot tv twee print of beg fiat not. r . :. ![e buf :c;rrIe .t th one pr we 5e d111ns for too and .oa mp •IV, r v :spar r 1 y ac.: on {': -1 Y.a L♦ #t►rage &hall be a r&a�1d an Y lai4 pr,404 apo ANY rel : ',:,! a tad tharsoe' &hall coat not less toast: t t✓{J( •d3r •:a * q ,to •^octod t.heroon shall n0it not , 14* gust 4�0 i . : ,: �a.:, for- the aanMfa tu-e or Sala of +relY4t:ae.'.'e'; *,>ccot x' .' vs1 E rv•= oft trach or buslnesa wttstso- nee z%•- �7 eing <;r nonynsr.�iat s^ignn. :s 77 4: I NO dtab.les qr aoLside toilets ha�1 b- *000 Led oe said proaises and so nainewe #hall be dr-pat d or a; 1 on s.tid proal af�•i and no. ase Shill be sled• r treat a • 1 be as the heal ,s of or •ottNgiMe to .tho 8406" A. 616%t.. x small ' �+ lnrt � e* .r � ir/t part, thslr heirs ae,d aJ#lsns, as ►' 14. 1W fences or hedtoS p r b fes Is lte l be or" trd r , ass any said pres►laes ae►d "Said1Pac.'e or risenI+.a,mastate" —77 kept 'in go" appoarana�. id-fart of any drellLis or 6a go shalt l :SrrsstailsiN said proal a within 25 left et idllyflor ir road, e#► tttilt § roet of the othsw booaltrtem of.alit: arts a D 'art �a eeSp►oel Shall be within 10 fast sE swtideri s,etid�Si� sea.. F. 6. 14 fowl, pealtrt. �Anufas or 1 "Stack tis too. *a � geld pralti`ra other than dome pets. tx 1 � . 7. tb, trallors shall be ; Sae 1 or ai +w[� except rhea kept WU41a an eao N, Theme daosnaslLa- and reecroti�+og. l war,. the twMOl !' ood•ttsl asid SWI Mad. sue insre to bwrS�';i- the so"parl:ler ' heretl, aasiniatrltore %wt assi*w It .A" said *slot ants 5W restrUUMS al" be "We by i tieerim 4AM4e0 or 1A)Mestieaa or beth estil th let neasNooeemmate mad restrSwoss vola '"Polwo aAou nMi1" } 4. Soleil to the Promisee her*ia d retsl.4 Od flmb. is iw t►- stristlons ray be atidltled, a taWd or ie"*: `►f `the !/Mtiei sd the first Mat,. %heir hei» end g"16" ond he the pf�"A a n• .toe t2tc flea 1►eiag,• the partiod?:at a* trot �e�parei .> reL r retaining ail . restrir ting -Ight4 of %oi borist prsportios asst •off 1 or xt.i�t, May s^ R-,alred by ta". Ad :. } t a:.6a W* rxzT n �b a/�M. dek tnttteM i tht pt►t7 of the Brat pMrt ► r1 W,lJ moo ail rode « tAe► rrN AetcTfird ieH to tlw ctt�Mttt tMrea Alerts!. .is ad its rb fa a*eeeu mw , &ad A the twtM .ba the pre¢ �' • �� to HAbt AM W NOLO thr heeds #eaadk! ..w the pan? of d,w eowd 4. +. bin • .aece+�rt+ ■ui .rlptf td VW tanr Ow waoerd pw r , ,At 4-k • .. t �i♦ ,L�r� AM rtes PM tl tis lirw /� 11K` � tftt Mt w: tJ ti wlrely stiff /wrier Irw way wWtoor. AIr1use t�+r! f '" ttitpMlrM .•. e}. tg w pan ItIs�A tir rd wr bm # 1ead.e ratf� Mlittilr a tY "a c,►vm M • trw AMW M M ap4d int §w 1�y 4 ao4 of tit Ware tnaity tq low of IMe /wot he hr r a.d 'ice^!' tWo tw ued to ii k eoril r w#r�er�r r Ydtoelro N !a wrTIti.1s 1MItM p.r • t te. tiotl�trf bit 4* eeenw""*vw IWI �r &son,, -.: V* pull jo We" t ow coolm OP W nw low COWTT ko ob $r Al * A GIF 49.01hem s. of twor aw OR dw om ow / :..&y ifperommoy poomaNg COW JAk-41 r. WA-4�%,A anI !'LORA b - wA3V% I In Ow imb"doWs d-rrQwd In -e w f to rw Ltw"ru im tar tht mg owaara�Mwbo A f)w Wr man..M, t h r y a7r11 . smowt, is sp FIM 1ML COON" w *I %TAT$ of MM go& *WWI W Oa the &Y of bw— =4 Oa On to bow# or my emw Fx-FwwAdy to wa 1-o - *6%Lent by dWy dw aqpw "A the is to so So be te�idey At No. wbum I ur od In is itt thm ht ow bS IV ow bdbumm is mcb p- aft "W; do it wu aw w of the baud of 4 41 aid W$", OdOW W dVwd k nmw dwoo an of dw, mmi, eUmmob"W ;7. >4 t m ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR. OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Mall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 n OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: May 5, 1999 RE: Zoning Appeal No. 4707 - Nancy Lee Wellin Transmitted herewith is Zoning Board Of Appeals Application For Waiver 4707 - Nancy Lee Wellin. Also included are Notice Of Disapproval with Building Application attatched, Z.B.A. Questionnaire, Applicant Transactional Disclosure Form, copy of Mary A. Smith's Tax Statement, copy of Survey, copy of Contract Of Sale showing Nancy Lee Wellin as seller, signed affidavit of ownership and copy of Title Search. -'1 C-f, C, v"�, 4TEA AEPEALS BOARD MEMBERS,- - Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 TO: Town Clerk's Office FROM: ZBA Office DATE: May 5, 1999 RE: Nancy Lee WilseLot Waiver LXN�00-" Please find attached $150 check in payment of a proposed file, Assigned as No. 4707 for review purposes by the.ZBA. Thank you. Mrs. Nancy Lee Wellin 2813 Via Paloma Drive Punta Gorda, FL 55� C [E 0 W IS May 4, 19991 ! N , MAY 4 g 109 y �� � j!l 1to ke4 Town of Southold Zoning Board of Appeals Town Hall P.O. Box 1179 Southold, NY 11971 RE: Lot: 1000; 107; 8; 37 To The Members Of The Zoning Board of Appeals: I, Nancy Lee Wellin, being duly sworn deposes and says: I am the owner of the parcel known on the Tax Map of the County of Suffolk as District 1000; Section 107.00; Block 08.00; Lot 037.000, having received the same by Deed from the Suffolk County National Bank as Executor, which Deed is dated November 13, 1998 and recorded in the Office of the Clerk of the County of Suffolk. I have received title through the Estate of Mary Anna Smith who obtained title to the premises by Deed dated January 8, 1954 as can be seen from the single and separate search annexed hereto as Exhibit A. I would appreciate the Zoning Board of Appeals issuing a waiver pursuant to §100.25 of the Town Code of the Town of Southold. In the event the Town wishes any other information, I shall be happy to comply and supply the necessary information. Sincerely. `� rr jr C CJS l Nan e Wellin cY Sworn to before me this qTt' day of May, 1999 .` s Adoma V Lee *My Commission CC730078 ftiresApril 2'2.'200'2 Notary Public V e COMMONWEALTH LAND TITLE INSURANCE COMPANY 1777-6 Veterans Memorial Hwy. Islandia, NY 11722 Phone: 516-232-3503 Fax: 516-232-3617 Commonwealth A U,4DAMERICA COMPANY Title No. 70990013 Ll t-�1 3 1999 T. SINGLE AND SEPARATE SEARCH - Effective Date: 3/2/99 COMMONWEALTH LAND TITLE INSURANCE COMPANY DOES HEREBY CERTIFY TO: JAMES SCHULTZ ESQ. 318 TERRY ROAD SMITHTOWN, NY 11787 THAT it has caused a search to be made in the Office of the Clerk of the County of SUFFOLK, in the State of New York, against the premises described herein and premises adjacent thereto on all sides from 5/14/52 to date to ascertain the fee chain of title respecting said premises described herein; and the premises abutting since 5/14/52 and has found only the returns as set forth herein on the following pages as they bear on record title; and DOES certify that "the owners of the premises described herein have owned the same in single and separate ownership as defined by law during this period of time, except as otherwise shown herein." This Company's liability is limited to Twenty-five Thousand ($25,000.00) Dollars for negligence only. NO policy of insurance is to be issued hereunder. COMMONWEALTH LAND TITLE INSURANCE COMPANY BY: c R6BERT H. GAFFGA Assistant Vice President Title Number: 70990013 Dated: 3/2/99 Date Printed: April 13, 1999 CHAIN OF TITLE FOR SUBJECT PREMISES: 1000 - 107.00 - 08.00 - 037.000 SUSAN V. PUGSLEY, widow of CHARLES E. PUGSLEY TO WILLIAM H. MASON AND HARRY E. MASON ----------------------------------------------------------------- WILLIAM H. MASON AND HARRY E. MASON TO MARY ANNA SMITH ------------------------------------------------------------ WILLIAM H. MASON DIED 7/26/59 ------------------------------------------------------------ HARRY E. MASON AND FLORA B. MASON, as trustees under the last will & Testament of WILLIAM H. MASON, deceased and HARRY E. MASON, individually TO MARY ANNA SMITH MARY ANNA SMITH DIED 3/2/98, SUFFOLK COUNTY -------------------------------------------------------------------------- Title No. 70990013 DEED: DATED: 5/14/52 REC'D: 5/14/52 LIBER: 3352 CP 363 PREMISES & MORE DEED: q DATED: 1/8/54 REC'D: 1/18/54 LIBER: 3640 CP 304 SOUTHERLY P/O PREMISES --------------------------------------------------- ---------------------------------------------------- DEED: DATED: 1/10/61'¢/ RECD: 1/13/61 U) LIBER 4934 CP 406 —NORTHERLY P/0 PREMISES— DEED: THE SUFFOLK COUNTY NATIONAL BANK, as DATED: 11/13/98 executor of the estate of MARY ANNA SMITH, deceased REC'D: 12/2/98 TO LIBER: 11931 CP 798 NANCY LEE WELLIN l��ry�Ki7��Zi]►►�I►1�:7 STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) ROBERT H. GAFFGA, being duly sworn, deposes and says: That she is an Officer of Commonwealth Land Title Insurance Company; That the above is a true Chain of Title of the subject premises as shown on the variance search under the above captioned title number. Islandia, New York 1-1-- Swor befoCe e this /3 day of Notary Public Nancy A Lang Date Printed: Apdrloll* POW, State of New York No. 4984119 Qualified in Suffolk County Commission Expires July 15,1Q� COMMO E TH LAND T)T�E I ANCE COMPANY i By ROBERT H. GAFFGA Assistant Vice President Title No. 70990013 CHAIN OF TITLE FOR PREMISES ADJACENT NORTH 1000-107.00-08.00-038.000 1 DEED: SUSAN V. PUGSLEY, widow of DATED: 5/14/52 CHARLES E. PUGSLEY REC'D: 5/14/52 TO - LIBER: 3352 CP 363 WILLIAM H. MASON AND HARRY E. MASON PREMISES & MORE -------------------------------------------------------- ----------------------------------------------------------------- WILLIAM H. MASON DIED 7/26/59 ------------------------------------------------------------------------------- HARRY E. MASON AND FLORA B. MASON, as trustees under the last will and testament of WILLIAM H. MASON deceased, and HARRY E. MASON, individually TO _ RALPH OSBORNE AND CHRISTINE OSBORNE -------------------------------------------------------- RALPH OSBORNE AND CHRISTINE OSBORNE TO RURAL LIFE CONCEPTS, INC --------------------------------------------------- RURAL LIFE CONCEPTS, INC. TO STEVEN T. BURNS AND LINDA]. BURNS -------------------------------- Islandia, New York --------------------------------------- DEED: DATED: 1/6/61 REC'D: 1/31/61 �S LIBER: 4942 CP 4 ------------------------------------------------------------ DEED: DATED: 7/26/85 REC'D: 11/27/85 LIBER: 9925 CP 264 ------------------------------------------------------------------------- DEED: DATED: 5/27/88 REC'D: 6/7/88 LIBER: 10619 CP 36 ------------------------------------------------------------------------------------ LAST RECORD OWNER Swor before a this b ✓ a of Notary Publ' COMM EA TH LAND TITLE INS NCE COMPANY B /"/,- Y ROBERT H. GAFFGA Assistant Vice President Nancy A Lang Date Printed: April 13, 1999 Notary Public, State of New York No. 4984119 Qualified in Suffolk s juj�15,19� C Commission Exp Y Title No. 70990013 CHAIN OF TITLE FOR PREMISES ADJACENT EAST GRAND AVENUE (LONG CREEK BRIDGE ROAD) (RED BRIDGE ROAD) --------------------------------------------------------------------------------------------------------------- --------------- CHAIN OF TITLE FOR PREMISES ADJACENT SOUTH - �BROWER ROAD ------------------------------------------------------------------------------------------------------------------------------- CHAIN OF TITLE FOR PART OF PREMISES ADJACENT WEST 1000-107.00-08.00-031.000 SUSAN V. PUGSLEY, widow of CHARLES E. PUGSLEY TO - WILLIAM H. MASON AND HARRY E. MASON WILLIAM H. MASON DIED 7/26/59 -------------------------------------- DEED: DATED: 5/14/52 �9 REC'D: 5/14/52 LIBER: 3352 CP 363 PREMISES & MORE -------------------------------------------------------------------------------------- HARRY E. MASON AND FLORA B. MASON, as trustees under the last will and - testament of WILLIAM H. MASON deceased, and HARRY E. MASON, individually TO ARTHUR M HANSEN, AND GERMAINE M. HANSEN --------------------------------------------------------- ARTHUR M. HANSEN and GERMAINE M. HANSEN TO MARTHA TAYLOR LANG ---------------------------------------------------------- ------------------------------------------------------------------ DEED: DATED: 1/7/60 REC'D: 1/12/60 LIBER: 4753 CP 270 -------------------------------------------------------- DEED: DATED: 7/16/63 REC'D: 7/22/63 LIBER: 5383 CP 338 ------------------------------------------------- DEED: DAVID GLICKMAN, as executor DATED: 8/12/90 of the last will and testament REC'D: 11/1/90 MARTHA TAYLOR LANG, deceased LIBER: 11164 CP 93 TO ANTONIO JIMENEZ DEED: ANTONIO JIMENEZ DATED: 10/9/92 TO REC'D: 10/20/92 ALBERT V. FOGARTY AND LIBER: 11557 CP 550 GERALDINE A. FOGARTY ------------------------------------------------------------------------------------------------------------------------------- LAST RECORD OWNER Islandia, New York COM WE LTH LAND TITLE I ANCE COMPANY Sworn before this / d Cof By ROBERT H. GAFFGA Assistant Vice President Notary Public�j UN ncy A Lang Notary Public, State of New York Date Printed: April 13, 1999No. 4984119 Qualified in Suffolk County 01 Commission Expires July 15, 19.= / CHAIN OF TITLE FOR REMAINDER OF PREMISES ADJACENT WEST - 1000-107.00-08.00-032.000 SUSAN V. PUGSLEY, widow of CHARLES E. PUGSLEY TO WILLIAM H. MASON AND HARRY E. MASON -------------------------------------------------------- WILLIAM H. MASON DIED 7/26/59 --------------------------------------------------------------- Title No. 70990013 DEED: DATED: 5/14/52 REC'D: 5/14/52 LIBER: 3352 CP 363 DEED: - HARRY E. MASON AND DATED: 3/1/62 FLORA B. MASON, as trustees REC'D: 3/5/62 under the last will and testament LIBER: 5134 CP 76 of WILLIAM H. MASON, deceased and HARRY E. MASON, individually TO MARY ANNA SMITH MARY ANNA SMITH DIED 3/2/98 _ J DEED: - THE SUFFOLK COUNTY NATIONAL BANK DATED: 10/7/98 c� as executor of the last will REC'D: 12/2/98 and testament of MARY ANNA SMITH LIBER: 11931 CP 800 TO NANCY LEE WELLIN LAST RECORD OWNER STATE OF NEW YORK) ) ss: COUNTY OF SUFFOLK) ROBERT GAFFGA, being duly sworn, deposes and says: That she is an Officer of Commonwealth Land Title Insurance Company; That the above is a true Chain of Title of the subject premises as shown on the variance search under the above captioned title number. Islandia, New York COMMO TH LAND TITLE INSU CE COMPANY Sworn t efore m this da of CW -4 j4 By IV, ROBERT H. GAFFGA Assistant Vice President Notary Publ c ' Nancy A ng Notary ublic, State of New York No. 4984119 Date Printed: April 13, 1999Qualified in Suffolk County q G Commission Expires July 15,19/ / Marilyn Quintana Receiver of Taxes 53095 Main Road Southold NY 11971 SMITH MARY A PO BOX 146 MATTITUCK NY 11952-0146 BILL#: 13023 DATE: 05/05/99 Group: 1ST HALF 1999 TAXES PROPERTY INFO S.B.L.#: 107.-8-37 LOCATION: 1145 GRAND AVE VALUATION: 1,100.00 ACRES: 1.00 DIMENSION: 0'f X 0'd SCH DIST: 473812 SWIS: 473889 TAX TOTALS TAX AMOUNT: $ 372.57 TAX PAID: $ 0.00 PENALTY PAID: 0.00 SRVCE CHRG PD: 0.00 -------------------------------- TAX DUE: $ 372.57 ***** PAYMENT INFORMATION ***** APPLIED DT CHECK# PAID BY PENALTY SERVICE PAID AMT -------------------------------------------------------------------- ***** LEVY INFORMATION ***** LEVY DESCRIPTION TAXABLE VALUE TAX RATE TAX AMOUNT --------------------------- SUFFOLK COUNTY TAX -------------- 1,100.00 ------------ 26.126000 -------------- 28.74 SOUTHOLD TOWN TAX 1,100.00 140.488000 154.54 MATTITUCK-CUT SCHOOL 1,100.00 432.338000 475.57 MATTITUCK LIBRARY 1,100.00 22.705000 24.98 MATTITUCK FIRE DIST 1,100.00 33.530000 36.88 MATTITUCK PARK DIST 1,100.00 10.769000 11.85 STHLD SOL WASTE DIST 1,100.00 11.432000 12.58 Marilyn Quintana Receiver of Taxer 53095 Main Road Southold NY 1 1 97 1 SMITH MARY A PO BOX 146 MATTITUCK NY 11952-0146 BILL#: 13023 DATE: 05/05/99 Group: 2ND HALF 1999 TAXES PROPERTY INFOmy��` S.B.L.#: 107.-8-37 LOCATION: 1145 GRAND AVE VALUATION: 1,100.00 ACRES: 1.00 DIMENSION: 0'f X 0'd SCM DIST: 473812 SWIS: 473889 TAX TOTALS TAX AMOUNT: $ 372.57 TAX PAID: $ 0.00 PENALTY PAID: 0.00 SRVCE CHRG PD: 0.00 -------------------------------- TAX DUE: $ 372.57 ***** PAYMENT INFORMATION **** c APPLIED DT CHECK# PAID BY PENALTY SERVICE PAID AMT -------------------------------------------------------------------- ***** LEVY INFORMATION ***** LEVY DESCRIPTION --------------------------- TAXABLE VALUE -------------- TAX RATE ----------- TAX AMOUNT -------------- SUFFOLK COUNTY TAX 1,100.00 26.126000 28.74 SOUTHOLD TOWN TAX 1,100.00 140.488000 154.54 MATTITUCK-CUT SCHOOL 1,100.00 432.338000 475.57 MATTITUCK LIBRARY 1,100.00 22.705000 24.98 MATTITUCK FIRE DIST 1,100.00 33.530000 36.88 MATTITUCK PARK DIST 1,100.00 10.769000 11.85 STHLD SOL WASTE DIST 1,100.00 11.432000 12.58 l�l)c 7�'!Ox Q� '. N. Y I EM—Full ('„rrunnt xuh Linn Co,v atrt 1340 (hxa of la17, C'Lnp, 1,61, Chap o, 7, Lam of 1u311 fit ft� rr ,1lufle the �� dfe11 u1'/�L�s ,1'ineleeee 1lundred aefd rift y I 13etkeen 1�ILLDli: r'. "r C:d and H4kR56"' E. K&SON, bo to residing at New Suffolk, Suffolk County, New York, TU764ANX h.4,n �t wll ue .r..• 7u!/lr Law Y/lAl Yl.Ph:, A.re'ho h,r , Statc of Nev., 'Yrk M h, Q::nm,�N ext J 1►ecorded on the fim/ of .1. 1)., 19 ff: o'clock ,11, iu 100"I of DEEDS at pale fetid examined. MW W parties of the first. part, and K4.9Y lil'NA S11ITH, residing at `_t, - to '-7_osnital CottaPe Central !slip, Suffolk Caiuity, New 7ork2 party of the second part, Witnesseth that the part ies of the first part, in consideration of One and 00/105 --------------------------------------------------Dollar ($ 1.00 ) lauJul ntoneyof the United Mater, and other good and valuable conside ion: paid by the party of the second part, do hereby rant and release un to party of the second part, her heirs and assigns forev 11 those tracts or percels of land situate, lying and being at Mattitucr, Town of Southol~, Suffolk County, New York, bounded and described follows: Beginning at an iron pipe set at the intersection of th westerly line of Grand tivenue with the northerly line of Browera ; and running along; said nortnerly line of Brower Road, S. 78° 42 0" W. 150.0 feet to an iron pipe; thence along other land of the p ies of the first part two courses as follows: (1) on a line parallel with said westerly line or Grana avenue, N. 110 17' 20" W. 150.0 feet; thence (2) on a lire at right angles to said westerly line of Grand Avenue, 11. 78" 42' 40" E. 100.0 feet to said westerly line of Grand Avenue; thence along said westerly line of Grand 4venuef, S. 110 17' ;:)I' E. 150.0 feet to the point of beginning. I TOGETHER witr_ all the right, title and interest of the parties o;' the first part of, in and to those portions of Grand tivenue an Vfer Road adjacent to said premises to the center lines thereof. THIS CON=. L,?CE is made subject to the following covenants and restrictions: 1. No buildings other than one private dwelling for the use�j'�d occupancy of one family and one private garage shall be erected or�ny one lot. Any dwelling erected tnereon shall cost not less than 0 ana any detached garage erected tnereon sfial.l cost not less than w250. 2. The premises snail not be used for the manufacture or sale of mercnandise or goods oi' any kind or for any trade or business whatsoe;c; or for the display or any.advertising or comtercial signs, 3. No fences or hedges )ver 4 feet in height shall be Ned on any said ;,remises ana saLi fe,.ces or heages shall be maintained and kept in t ood appe arance . 4. +:O ste.olea or outsiae tcilets s_:all be orocted on said prer:ie(f and no nuisanoc shall be created or allowed on said premises and no ust snall be made triereof tf.at 5nQll be danEerous to t ne health of, or offensive to the zenses oi' sicht or erleyl of the parties of the first part, tnrir hui.rs ana ussivrns, as owners of the premises aajoining the premises nerr:o i . "RI F3h4.0 -arA j No part of any dwe 11in;; or garage sn�11 cons i nicted on any cne lot vrl_xUn N5 feet of Avenuu or feet of t,.e o,ner lilIl`:aI'i6 OI 3sid lOt aril ri0 _i 1^ t Oi tlrly CC.^ ,.� of ; trail be Y+i t"'in 10 fee' of iitiy boundaries of said lot. h. NO foil, poultry, aniv.:):1s or livestccl: sr,�,i 1 bo on said ,-omi.ses otiier tnaii domestic Vets. 7. :io trailers shall be kept, .sc-d or upon said premises except when kept within an enclosed garage. S. These covenants enu restrictions shrAll iun -oitn the lana hereby conveyed and shall bind and inure te trie benefit of the said parties hereto, their neirs and administrators a-iu ass lL--ns until January 1, 1970, and said covenants ana restrictions may be t:r;t'crced b^ sctions for damage: or injunctions or both until the said 1st day of January, 1970. 9. The covenants anct restrictions herein in -,posed shall apply solely to the premises herein conveyed and tnese Covenants and restrictions may be modified, cnanged or released by the pa:, ties of the first part, their (heirs and assigns and the oviners of the prey, :ses for ttie time being, the parties of the first part reserving and retaining all restricting rights or neighboring properties now o..ned or which may be acquired by tnem. j- �iBtRc. 1640 Together r(itlt the app itHen ances a►td all the esIate and rights of the part ies of the lirst part in anti to said premises, To hu%c and to liuld the premises herein 6rcrtJtecl ►(►71g,(I,q,�) �{ Q �ltQgj� tl,� ti, Zvtiea and hit u J cl spayJe v�r Se!'!IN</par1,C,T1�1 t;ltj ::Li. V_L'ni OI ,:DCII And said parties oi' the first port cove itant as folluu•x: First, That said parties 01' the first oart are seized of said premises in fee simple, and have good right to cont'etl the same., Second, That tit(, part y of tilt sound part shall quietly e►Jjoy the print fists; Third, ?'hat the suit/ premises are free1'rom incumbrances; except As afore— Fourth, That the part ies of the first part will execute or procure any further necessary assurance of the title to said premises; Fifth, That said parties or the first part willforever Warrant the title to said premises. eke (frantors will Sixth, That, in. (,'o►)t-pliauee with .Sec. lei uj' the hien Law, receire tl►e eunsitlerutiurJ fur this conveyance and will hold the right to receit'e suer consideration us a trust /'lilt(/ to be applied first for tite purpose of puyinc the cost uj the improt'eme►tt and trill apply the sante first to the payment of the cost of the improvement before usinm%ally part of the total of the samefuranyotherpurpose. in NN'itness Whereof, the parties of the first part ha ve hands and seals tilt (lay and year first above written. hereunto set n �n res cute of H"ar`ry`�'�son I ' I State of New Perk��. Un this 8 day of t county oI• Suffolk Xineteen Hundred and Fifty - before nye, the sitbs(•ribe.r, personally appeared l"tILLIi i H. hiE►SOIv a IiAR777' VASOTT I to nye persunull y knotevt unci knuu'u to ►lie to be the same person s described in, and u,ho executed the within Instrument, and t he severally acknou'l�l,ei to me that t hey executed the sauce. .1'otary Yublir �CTI.T.T.411 R'IfFTI45i NOTARY 1'!1.1 it r i kl1' O tiC1Y YORK Qualit�el ui : �Jcolk l'onnty Trrtn e>yuca larch 30, 1055 RECORD.. . JAN 18 19 819 Ia ll03-/nn m. WILLIAM N. F:JY C61k of o'.1k Coti•. cy BOARD OFA TOWN OF SO MINUTES THURSDAY, JUNE 241 1 REGULAR MEETING Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 hone (516) -AR765-1809 EEIvEDNI� Tr �aui��Q FLED By To�4,7Id CLERK �f A Regular Meeting of the SOUTHOLD TOWN BOARD OF APF Southold Town Hall, 53095 Main Road, Southold, New York 11971, on 1999 commencing at 6:35 p.m. Present were: Gerard P. Goehringer, Chairman Lydia A. Tortora, Member Lora S. Collins, Member George Horning, Member Linda Kowalski, ZBA Secretary. Absent was: James Dinizio, Jr., Member 6:40 p.m. Chairman Goehringer called the meeting to order. I. SEQRA RESOLUTION: `n o1 'outhald A. Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to declare the following projects as "Type II Actions" (no further steps under SEQRA) for the following setback, lot area, building length, and/or accessory use projects: #4696 - George and Eileen McGough #4697 - Fred and Mary Milner #4698 - William Lieblein #4699 - Lisa Jerome #4702 - Dan and Madeline Abbott #4703 - Mike Morrison #4704 - James Hunter #4705 - Raymond Mitchell #4706 - Richard Briggman #4707 - Nancy Wellin #4708 - Mark Lieb #4709 - T. Losee #4710 - J. Frazzitta. #4711 - C. Davids. ES BOARD MEMBERS (� P. Goehringer, Chairman ,Gegard James Dinizio, Jr. n, Lydia A. Tortora �. Lora S. Collins George Horning BOARD OFA TOWN OF SO MINUTES THURSDAY, JUNE 241 1 REGULAR MEETING Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 hone (516) -AR765-1809 EEIvEDNI� Tr �aui��Q FLED By To�4,7Id CLERK �f A Regular Meeting of the SOUTHOLD TOWN BOARD OF APF Southold Town Hall, 53095 Main Road, Southold, New York 11971, on 1999 commencing at 6:35 p.m. Present were: Gerard P. Goehringer, Chairman Lydia A. Tortora, Member Lora S. Collins, Member George Horning, Member Linda Kowalski, ZBA Secretary. Absent was: James Dinizio, Jr., Member 6:40 p.m. Chairman Goehringer called the meeting to order. I. SEQRA RESOLUTION: `n o1 'outhald A. Motion was made by Chairman Goehringer, seconded by Member Collins, and duly carried, to declare the following projects as "Type II Actions" (no further steps under SEQRA) for the following setback, lot area, building length, and/or accessory use projects: #4696 - George and Eileen McGough #4697 - Fred and Mary Milner #4698 - William Lieblein #4699 - Lisa Jerome #4702 - Dan and Madeline Abbott #4703 - Mike Morrison #4704 - James Hunter #4705 - Raymond Mitchell #4706 - Richard Briggman #4707 - Nancy Wellin #4708 - Mark Lieb #4709 - T. Losee #4710 - J. Frazzitta. #4711 - C. Davids. -7 j" Page 2 — Minutes f' Regular Meeting of June 24, 1999 Southold Town Board of Appeals #4662 - P. Rushin & Motley. This Resolution was duly adopted (4-0). B. COORDINATION LETTERS: Mattituck Library - Planning Board, Lead Agency/Unlisted Action Designation and coordination letter (for all involved agencies). Reviews pending. II. PUBLIC HEARINGS: 6:35 p.m. Appl. No. 4685 - VINCENT TORRE. This is a request for a Variance under Zoning Code Chapter 100, Article III, Section 100-31C(2) based upon the October 20, 1998 Notice of Disapproval (updated January 27, 1999) regarding a building permit application to convert accessory barn for retail sales in conjunction with applicant's Art Studio and Gallery, disapproved for the reason that retail sales and a gallery for public viewing in the accessory building is not a permitted use in this A -C Zone. Location of Property: 100 Sound Avenue, Mattituck, NY; Parcel ID 1000-120-3-1. (No appearances were made.) Applicant, by his agent Proper -T Services, Inc., requested a postponement. Motion was made by Chairman Goehringer, seconded by Member Tortora, to recess the hearing to the July, 22, 1999 hearings calendar, pursuant to applicant's request. VOTE OF THE BOARD: AYES: Goehringer, Tortora, Collins, Horning. (Member Dinizio was absent.) This Resolution was duly adopted (4-0). PUBLIC HEARINGS, CONTINUED: 6:38 p.m. Appl. No. 4687 - PRISCILLA STEELE. This is a request for a Lot Waiver under Chapter 100, Article II, Section 100-26, for a substandard (vacant) lot known as 275 Village Lane (west side), at Mattituck, NY, situated approximately 122 feet north of the Main Road, identified as Parcel 1000-114-6-5. This request is based upon an application for a building permit and the Building Department's March 22, 1999 Notice of Disapproval which states that Article II, Section 100-25 merged this lot with an adjacent house lot to the west referred to as 15405 Main Road, Mattituck, Parcel No. 1000-114-06-03. Richard F. Lark, Esq. spoke in behalf of the application. Also present was Mrs. Steele. After receiving testimony, motion wasmade by Chairman Goehringer, seconded by Member Tortora, and duly carried, to close the hearing. This Resolution was.duly adopted (4-0). IV. AGENDA ITEM: A. Motion was made by Member Tortora, seconded by Member Horning, anddulycarried, to approve the Minutes for the May 20, 1999 Meeting. This Resolution was duly adopted (4-0). B. Code Committee Sessions (none scheduled). a - NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JUNE 24, 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 THURSDAY, JUNE 24, 1999 at the time noted below (or as soon thereafter as possible): 7:30 p.m. Appl. No. 4707 - NANCY WELLIN. This is a request for a Lot Waiver Waiver under Article II, Section 100-26 for a vacant corner lot, substandard in size, which is referred to as 1145 Grand Avenue, Mattituck, NY, Suffolk County Tax Map District 1000, Section 107, Block 8, Lot 37. This request is based on an application for a building permit and the Building Department's April 29, 1999 Notice of Disapproval which states that Lots 32 and 37 in District 1000, Section 107, Block 8, have merged under Article II, Section 100-25A, due to common ownership at any time after July 1, 1983. CTM Lot 32 is a vacant corner lot, also substandard in size, referred to as 200 Brower Road, Mattituck, NY. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications or 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 (516) 765-1809. Dated: May 26, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS / GERARD P. GOEHRINGER CHAIRMAN / By Linda Kowalski DANIEL C. MOONEY, P.C. ATTORNEY 11700 MAIN ROAD P O. BOX 702 MATTITUCK, NY 11952 DANIEL C. MOONEY JEANNE FITZGERALD PARALEGAL June 16, 1999 Town of Southold Zoning Board of Appeals Town Hall 53095 Main Road Southold, NY 11971 RE: Application of Nancy L. Wellin 1000-107-8-37,32 Dear Madam / Sir; FAX (516) 298-4998 (516)-298-1100 With regard to the above referenced, formal notice of the application and hearing was mailed to the enclosed list of property owners. Annexed to the Notice was a site map (also enclosed). Enclosed is the Affidavit of Mailing. I also enclose the receipts for certified mail/return receipt requested mailing of the notice and will forward the green return postcard receipts as and when we receive them. Also enclosed is the Affidavit of Posting of the sign. The sign was nailed to a sturdy tree facing the street and not more than 10 feet from the street and the front property line. Thank you for your courtesy in this matter. Very my yours, Daniel C. Mooney DCM/jf enclosures ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK ------------------------------------ x In the Matter of the Application of (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 10-1�- '� L �'I I juiv 1 71909 JJJ AFFIDAVIT OF POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) �r�Ia o- I, � 1. 8, HOOd � residing at , New York, being duly sworn, depose and say that: On the 6 day of Jud t , 19dT, 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 d to of the subject hearing date, which hearin ate was s�iown to be (Sign e) Sworn to before me this i5 day of , 19 b Sift CCU (Notary Publ cg�se� ucaisr �,�� *near the entrance or driveway entrance of my property, as the area most visible to passersby, ���®��, Complete items 1 and/or 2 for additional services. wish to receive the ing SONICBS (for an I ea Complete items 3, 4a, and 4b.Print your name and address on the reverse of this form so to that we can return thisfee): rl Addressee's Address1 iilcard you. ® Attach thisform to the front of the mallpiece, or on the back the it space does notpermit. number. ❑ Restricted Delivery I ® Write "Return Receipt Requested" on the mallpiece below article 11 a The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee. a. delivered. 0 3. Article Addressed to: 4a. Article N bar -63 4b. Service Type 2 r o, �j ❑ RegisteredLcGr Certified E 1, l �'��-'' woZ ❑ Express Mail b Insured ®`Re ru nt Reegl t for Merchandise ❑ COD ` . Da[q, Delive� f 5. Received By: (Print Name) d �J i 8. Addressee's!' ss (Only if requested and-fge is pa dr a ' t. 6. Signature: (Addressee or Agent) X �L�Q 1 8-13-0229 omestic Return Receipt 2 PS Form 3� 1p, Decemb r 94 i !" PS Form 3$-j 1, December 1934 102595-98 --0229 o22s Domestic Return Receipt f PS Form Sdf 6 �s veceR�otlr �' _ - _ Domesticturn ReReceipt; t WSJ ® PS Form 3811, December 1994 102595-98-6-0229 ype c - ❑ Fiegisfered Certified ❑ Express Mail �• G ❑ Return Receipt for Merchandise ❑Insured E3 COD , N i 7. Date of Deli e,y � 5. Rece've ht `I' � ,9' Name) ( C � j o 6. Si natu dd s 8. Ad resse 's Ad ess (Only if requested and fee is paid) o ae v orA nfl c ,I ®j PS Form. 3 _ � mer 1994 I 102595-98-8-0229 D omestic Return Receipt �i y ( dres a orAgEnf) X / - i ® PS For Jrl� ' 1 , Dece ber 199 102595-98-6-0229 Domestic Return Receipt ® PS Fo��rm` "38'9 9' December 1994 r c� , 5ss 98 6-o22s U) -T Domestic Return Receipt '" PS. Form 1811, December 1994 Y 102595-98-13-0229 Domestic Return Receipt ZONING BOARD OF APPEALS TOWN OF SOUT.HOLMNEW YORK ---------------------------------------x 1xi the Matter of the Application of NAWG� L. WSL-W (Names of Applicants) Parcel H) #1000- E o -1 - S -$-1 >7- ---------------------------------------- 7- ---------------------------------------- x COUNTY OF SUFFOLK) STATE OF NEW YORK) JUN I T 1999 AFFIDAVIT OF MAILINGS uJ 'L 1 F R residing at 6,0 L1 f J A j I;S p4a< New York, being duly sworn, depose and say that: On the l l 11- day of 19 q , I personally mailed at the United States Post Office in HAT 1' 1T U % , 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 ('Assessors, or ( ). County Real Property Office S o tJTH0 L49 -ry u/f%i for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. - (si ature) Sworn to b fore me this I day of Jjj*-.ems '19— MGEMW SAYe 01 NOW YCA 00. ®1 oAqkd h Ufa Iva (Notary Pub e) OMW PLEASE list, on the back of this Affidai it or on a sheet of paper, the lot numbers next to the owner nap:es and addresses for which notices were mailed Thank you. LOTS SURROUNDING WELLIN LOT 107-8-37 Zaloon, Charles B. III and Michelle Knox P.O. Box 68 1185 Fleetwood Road Cutchogue, NY 11935 107-3-11.2 (1356 Grand Avenue) Hansen, Florence / 1400 Grand Avenue P.O. Box 734 Mattituck, NY 11952 107-3-14 Wellin, Nancy Lee 1500 Grand Avenue Mattituck, NY 11952 107-3-17 NOW ADELE MUELLER and ROBERT MUELLER Address: 522 East 85th Street, Apt. 5E, New York, NY 10028 Fogarty, Albert V. and Geraldine A. 32-53 76th Street Jackson Heights, NY 11370 107-8-31 (150 Mayflower Road) Wellin, Nancy Lee 107-8-32 (200 Brower Road) Wellin, Nancy Lee 107-8-34 (200 Brower Road) Smith Mary A. P.O. Box 146 Mattituck, NY 11952 107-8-36 (990 Grand Avenue) NOW ADELE MUELLER and ROBERT MUELLER Address: 522 East 85th Street, Apt. 5E, New York, NY 10028 Wellin, Nancy Lee Flanagan, Edward P. 107-8-37 (200 Brower Road) Box 1009 260 Mayflower Road Mattituck, NY 11952 107-8-30 Steven T. and Linda J. Burns / 1505 Grand Avenue P.O. Box 827 Mattituck, NY 11952 107-8-38 LOTS SURROUNDING WELLIN LOT 107-8-32 McCann, Francis P. and Barbara P.O. Box 893 65 Mayflower Road Mattituck, NY 11952 107-8-18 Beyer, Charles & Barbara 65 Mayflower Road Mattituck, NY 11952 107-8-19 Wellin, Nancy Lee 107-8-34 Reiter, Barbara & Ano. P.O. Box 1154 Mattituck, NY 11952 107-8-33 Fogarty, Albert V. and Geraldine A. 32-53 76th Street Jackson Heights, NY 11370 107-8-31 (150 Mayflower Road) Hamann, George PD & Hamann Neil Alan Westview Drive Rt 1 161B Mattituck, NY 11952 139-1-10 r NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JUNE 24, 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 THURSDAY, JUNE 24, 1999 at the time noted below (or as soon thereafter as possible): 7:30 p.m. 'Appl. No. 4707 - NANCY WELLIN. This is a request for a Lot Waiver Waiver under Article II, Section 100-26 for a vacant corner lot, substandard in size, which is referred to as 1145 Grand Avenue, Mattituck, NY, Suffolk County Tax Map District 1000, Section 107, Block 8, Lot 37. This request is based on an application for a building permit and the Building Department's April 29, 1999 Notice of Disapproval which states that Lots 32 and 37 in District 100.0, Section 107, Block 8, have merged under Article II, Section 100-25A, due to common ownership at any time after July 1, 1983. CTM Lot 32 is a vacant corner lot, also substandard in size, referred to as 200 Brower Road, Mattituck, NY. The Board of Appeals will at said time and place hear any and all persons or, representatives desiring to be heard in the above applications or to submit written statements before concluding the hearing. Each hearing will not start earlier than designated. Files are available for review during f regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call (516) 765-1809. Dated: May 26, 1999. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski BVsi $ 06-1 -0 p �•` SEE SE0. N0. I00 6-21.96 SEE SEC. No. to NATCN LF1E WTCN_� LPE FEW PARCEL M X23 01 SEE SEC. W. 100-01-001 23 RgL3Aw LOA J2.]Atd_ SSG111"" „a7°nc.�, v �. N s ui, lso aim , y1 2s b SAA O y a ry�P 2.6 S.OA 11paG Y'1PU N — N _ i 2.7 Y I J/ S.OA Y 2.8 I Al } '•\t_ o C m & BCW ,gyp 2 p\c SJA 2¢µ \0• i 1%p \ Oy AS 1 910 I�y 9I 1.5A1G 5 }0 s� i ] 5 y o Al S N 9 MAID A }\' 7 J 2.12 • � �ppG } �p S.OA Cl 9 A os B7 .7 27.lAlU ;OR PArICEL N0. SEE SEC.NO. SING d°'4° a 2.9 E' lOB-01-OOLS �' 6 NArnieucl '1L°�0' 111 0 e O Ir d di S2.11 .OA PAPE ST. Ii 2.2AIU EB 1p'0\ 9 �9 Y +y'• 9�SG ® 0. T B 4 'I+° +� \ P a1 Y�4fO TOSOU OF ls.um> 14.1 41 S% 5 24fc1 �( °'tSG 4 +y ,6♦ LIA O v + e 6 ?p0 9 I g .15 4\ b 5 y1 \ 1AN n 22.6AIG I 1Y 1 ^'°y�� •.• p0.• 2A t 26 Ap ® ♦ . 11.2 ' A&° 9 tlo 7s p. 11 Ose 2s `ti �\ a\°\° ✓ g I i ,s 20.6AIG 4 FOR PARCEL N0. A 5 .. .6p 1A '10 90 50 , 11 SB 9 ta'r �m-iDi�1+V�,,�y 10 SEE SEG NO. ' 6 19 2A 5 1731 i' S9�1 'LT,` ,r W' •C' 9 114-o2-OOL2 SS 19 "' 10 ° w 6 1�' d \� ,•, N e' U.sAlct t t6 Y° 52 •'�' Ntp. yr,A 2 t w �• \ � i\SPG % ! iartxuD r �1 0 �^°p` d q WTW lNE � ' SEE SEL. N0. 114 0 � d SEE SEC. N0. 114 3 e 6 NnN f 1 a „„ „„ VE 9. , ��.N E«�o„ , NOTICE © COUNTY OF SUFFOLK E °'6 SOUTHOLD SECTION NO E ,�": �,'p~. ��.— Oeen.N Ra,9b.�s (21) w O m,rt, -- -- .Fk1 Lti -- -- 6°G0. Y.FA NAWTFWNU. ILT.A,1046LLF 0P Real Property Tax Service Agency Y ,,, yq YL1Aa U' C,,,, e, W, ----- _. u. -- -- — ' -- County Center Riverheod, N Y 11901 107 -+..�-- u -- -- .wi�0nrt+u� .. -- pQiy 06TWBI ' OF ANr PONTKN U - slsFBu mrrtT rAa NAP a FWUl6Pm M E rwn 21 •�` zl Al.w 121A '°�' u• t� M1n,e, u• -- -- , — -- .AsrE..rFP Wn0n —EN PEfO¢590N U 11E A �Wl 116 pSIPCT N1 1000 A (SAL rnosFnn TAI sEP7ia AFDCI. scat N Far, P PROPERTY MPP 1z.1 AcG �°• w -- -- mxr0®1 BAru ,a.. u v+A —IXnLE Ix UF GwN' r, g TT:L:l COUNTY OF SUFFOLK TowN 0 Re! Property Tax Service Agency Courtly -ul ly Cent Min . .7 Y . rk Center York 3-roo SECTION No. 139 )PERTY MAP Zo 9-- N3 7 3@2� 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: NA)lvcy WELL /n/ DATE OF PUBLIC HEARING: 7waT&,v6- ash i99,7o"ACTo-ma 30 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 4 p.m. BOARD OF APPEALS •TOWN OF SOUTHOLD e (516) 765-1809 "'S �Rfl.VD AVE., MAS ruxX 13 Legal Notices for June 24, 1999 Hearings to the following on 5/27: Mr. Curtis Davids Box 560 Greenport, NY 11944 Eugene Barnosky, LLP 534 Broadhollow Rd, CS 9034 Melville, NY 11747-2309 Daniel Mooney, Esq. Box 702 Mattituck, NY 11952 Mr. Raymond Mitchell 1875 Hiawathas Path Southold, NY 11971 Mr. and Mrs. Fred Milner 870 Bray Ave. Laurel, NY 11948 Elizabeth Thompson, Architect 270 Lafayette St. Suite 1303 New York, NY 10012 Mr. and Mrs. James Hunter 11227 Soundview Ave. Southold, NY 11971 McCarthy Management 46520 C.R. 48, Southold Bay Creek Builders Box 602, Cutchogue 11935 Garrett Strang, Architect Box 1412, Southold 11971 Patricia Moore, Esq. 51020 Main Rd, Southold Catherine Mesiano, Inc. 12 Mill Pond La, East Moriches, NY 11940 Faxed to Chairman 5/26 Faxed to Suffolk Times 5/27/99 Signs and Notices mailed out on 5/27 Faxed to media (courtesy copies) by 5/27 l�-ej•`'VG �L l FOR BOARD AND STAFF USE Updated New Information 59 0 IC 0 N F SMI TH ( VACANT LANDFV ) CM55.0 S 1 1' 17' 20" E 55.. END FENCE PROPOSED / N 0.1' E 0.6' CESSPOOL 1 PROPOSED SEPTIC TANK 0 `0- I / s)O O CESSPOOL 39' -- 46 S5 I 16 N/F FOGAR TY , 24' PROPOSED 2000SF GARAGE 40 RES. I w/ 3 BEDROOMS 125.0' 51,D53FP 53 PROP. 24' DRIVEWAY 40' iu -� WELL 54'�� TF. ST <-� NOI_E V' `t PROPOSED Z WELL END FENCE N 0.2' W 1.0' 125.0' 55.7 F N 11 ' 17 20" W 154- fDGE OF PA ROAD MA YFL 0 WER - ASPHALT OADWAY) 41 t 3 W u kc. 6� I T 49138 o � 51 0 ' Q ti 2 - Q � CE. SPOOL 150'+ 54.1 ® L" NYTC5 ,y2 ff ti Q • TEST HOLE DA TA PERFORATED BY: WOONALD GEOSCIENC£ —�— FINISHED GR DF �': ;•; : \ _�:: DARK BROKN AND GROAN LOAMY SAND SAI • 2.5' BROAN F114E TO COARSE SAND SW 18' PALE DROM FINE TO AIEDIUM SAND SP ---- 117• - FINISHED GRADE 1 Al/N. 2' AIAX - — – -- . --- 300 S.F. I---- SIDE WALL AREA L F..-1 (.'I IING -- -, POOL 2 ACN. - GROUND WA TER TYPICAL CESSPOOL SYSTEtiI N. T S, r FINISHED GRADE 1 'h1IN. 2 , AgAX. "- 1/4' / 1' 1/8 1' 8' MIN. TO CESSPOOL 1000 CAL. SEPTIC TANK TYPICAL SEPTIC TANK SUFFOL I•; CO. HEALTH DFP T. APPROVAL 1 OF IN I EN T THE 111A TE H SUPPLY AND SEWAGE DISPOSAL SYS LEMS FOR THIS RESIDENCE WILL C(AW-L)Rh! TO THE ST:A�lD:iRDS OF THE SUFFOLK Lo L,FP T OF HEATH i 51 R OCE" s ------ 701PN OF SOUTHOLD f Oh' 4PPROvAL OF CCINSTRUCTION ONLY DATE _- --- - --- ---'-- APPROVAL -_-_- —-----_-_ _—_ —_-- SUFFOLK CU. TAY Pr1Ai' 1'ESIGINA TION DI T. Sf ; BL u(- t" PCL. 1000 I i ' 08 32 Ol4'TJFR 6,11L. k, A,h .7(- :I'll SURVEY OF DESCRIBED PROPERTY S1 TUA TE VA TTI TUCK, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y SURVEYED FOR : DONALD KEMP TON GAIL KEMP TON ELEVA TIONS SHOWN ARE ASSUMED DATUM ZONING : R40 TAX MAP NO. 1000-107-08-32 SCALE 1"=20' AREA= 18,700 SF OR 0.4304 ACRES u„ :vnc�rized uliu'ruiic�t or uddili,;u to thi: survey is 0 violuiion cf Saco ,t 7209 of 111 New York State Educutiot{ Lttw, taiGrCtr'+i r;.:> {(,cti:..t� � I, _'It p„ 5irU11 IInY C.t,lq to j"'u {,cf u, i. ii.tti {t,. ..t;rvey :i,.d u. 1'�� 1.':'J` 1:, tt,e 1111: iGni}�i.ri ��u`. ... ..,t• -.l ,. �, �trlrlln� L`.Sliil t:<.i �, ri L.J .. (.. i,: •.i �, ;;rt:i to Ihd Cucrentees aru Copies of this surv,y'trap net Learing the Land Surveyors embossed seal :11011 not be cansidnred tea be a valid true copy. GUARANTEED TO DONALD KEMPTON GAIL KEMPTON FIDEL TY NATIONAL TITLE INS. CO. TOWN OF SOUTHOLD SURVEYED 16 NOV., 1998 SUR VE }'ED B Y STANLEY J. ISAKSEN, JR. P.O. BOX 294 NEW SUFFOLK, NY 11956 516— 734-5835 "xI_ICEN,F LAND SUR NYS L f17, r',}0. ; 1 y2 73 98C759