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Home My WebLink About47566® ✓.�rcP ni.� ,, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS and DETERMINATION REGULAR MEETING OF OCTOBER 14, 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. 4756 - BRIAN WARREN Location of Property: 500 Deep Hole Drive, Mattituck 1000-115-12-6 Date of Hearing: October 14, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's waterfront property consists of 23,030 sq. ft. in area with 100 ft. frontage along the west side of Deep Hole Drive, in Mattituck. The lot is improved with a one-story frame, single-family dwelling situated 65. 3' from the front property line, and side yards of 33.2 feet at the south side and 15.6 feet from the existing garage. BASIS OF APPLICATION: Building Inspector's July 28, 1999 Notice of Disapproval denying a permit authorization for an existing accessory garage because it is in the side yard, contrary to Zoning Code Article III, Section 100-33 that accessory structures be in a rear yard area. AREA VARIANCE RELIEF REQUESTED: Applicant requests a Variance for the 123" by 12'2" accessory garage, located to the north of the existing dwelling with a setback of 15.6 feet at its closest point. The garage has existed for about 30 years in its present location but a review of building department records found no building permit application. BASIS OF APPEAL: Building Inspector's Notice of Disapproval dated July 28, 1999 denying authorization for an existing accessory garage because it is in the side yard, in violation of the requirement of Code section 100-33 that accessory structures be in the rear yard. REASONS FOR BOARD ACTION. DESCRIBED BELOW: On the basis of testimony presented, materials submitted and personal inspection, the Board makes the following findings: (1) The garage was built about 1960 but a Certificate of Occupancy was never obtained. Applicant now seeks a CO in order to sell the property, which belonged to his late mother. Page 2 - October 14, 1999 Appl. No. 4756 - B. WARREN (1000-115-12-6) Southold Town Board of Appeals (2) Because the garage already exists, applicant must either obtain a variance authorizing its location or suffer the trouble and expense of demolishing it. (3) The garage is an accessory because it is separated from the house by a patio. If instead it were structurally attached to, and part of, the house, the house -with - garage would satisfy the side yard setback requirement. For this reason, and because the garage has long existed in its present location, grant of the requested variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. (4) There is no evidence that grant of the requested variance will have an adverse effect or impact on physical or environmental conditions. (5) Grant of the requested variance is the minimum action necessary and adequate to enable Applicant to market his property with the garage intact while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. BOARD ACTION/RESOLUTION: On motion by Member Collins, seconded by Member Horning, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, and Collins. (Member Horning of Fishers Island was absent during this resolution.) This Resolution was duly adopted (4-0). GERARD P. GOEHRINGER, For Filing 10/19/99 RECEIVED AND FILED By THE SOUTr;OiD T07V-VU CLERK DATE 9/HOUR TOS'- n aerk, Town of 1 -4743,7— a !lo %e Pf ." t 77'19.99, lie ld� ry, , { 1 ate wnh � ) a sohatan . � f`P'roperty. , 132Q I:ove' '. in. -a . �7SQ'=r'R I avNotibe-1 temiWA I :r 'Article calini' f a i dhh aa1"ef ' ound.b ff i 1vjaz1¢n, 1000-�q-2- �. I pou,a.plo- i. d JiWe 17, No. 4757 `— an I -able ty:'1 Con 7: R701 U is :LLa Pa n. 19 c-' al sa p all Y, inl `y'O `I" tic, NY; also U OHN P. BRISOTTI m the -Map of Sworn t before me th1*TAR) . STATE OF NEW YC County Parcel day of TES,-.�.�✓ 19 : ift.01 B,R4732613 No. .4749— QUALIFIED IN SUFFOLK COUNTG H. Based, upon . _ COMMISSION EXPIRES MAY 31 �0 veal dated Au- , Jariance is re cle III, Section nission to alter - Pine NeckRoad, County Parcel No. ,pL No. 4751-- W. VD.,R.PATTON.. oticeof Disapproval her 10, 1993'. and ,tion 100-31Aa: (a) on isrequested_ to her or not bathroom. accessory building d dwelling, and (b) a 33 foT a pro- essory horse 10 Tallwood<- �Cos Neck. Y; County 7-19.27 (pro eels =will. at ear any. and ativesdesir- iboveappli- ritten:state- ing'.is.con- dll,not start 1. Files are ['hesitate to call '(516).765 - ed: September 2Z 1999,,:'. , BY ORDERO1ti THE SOI)THOLDTOWN BOARD OF APPEALS !'lJ?f0X 1379 '_ Southold, NY IMI 1980-ITS30 I int es AgusE '1999, un. � >rtic[q`1R7CIV, -244'isure4uestedforthe ,a STATE OF NEW YORK) proposed addition to th-*front yard seffic at )SS: e established 30 feet and rs " provided by the COUNTY OF SUFFOLK) [,, ofAeZoning Code. ' Spar,, l � r L. 1'(l IS of Mattituck, in said Pigperty:35 Second St., ,ik,aNY County parcel county, being duly sworn, says that he/she is 17-i920a.. n .>Apg1. No. 4756— principal clerk of THE SUFFOLK TRIES, a EN. Haled upon a weekly newspaper, published at Mattituek, in Dfsappm°al ,a 9d-3ull rce is, uesfed atatan the Town of Southold-, Countyof Suffolk and cie3lI;;iection.lq, 33 for State of New York, and that the Notice of which accessory gazage;I -ted, yac�d at SW Deep xole' the annexed is a printed copy, has been regu-. attl;uek> xt - county larly published in said Newspaper once each itlOQ-u5a2-6. m App1 .. xo. 47571 = week for ' weeks successively, R7 HQ15. Haled upon nkh commencingon the E J da y isapproval dated 20 4999 a Variance is Of 19 , utt"Ser P,nc�le I1l:Section; r a dwelling foundation, A,,..,.A,.. RAIAma Pr it' `y'O `I" tic, NY; also U OHN P. BRISOTTI m the -Map of Sworn t before me th1*TAR) . STATE OF NEW YC County Parcel day of TES,-.�.�✓ 19 : ift.01 B,R4732613 No. .4749— QUALIFIED IN SUFFOLK COUNTG H. Based, upon . _ COMMISSION EXPIRES MAY 31 �0 veal dated Au- , Jariance is re cle III, Section nission to alter - Pine NeckRoad, County Parcel No. ,pL No. 4751-- W. VD.,R.PATTON.. oticeof Disapproval her 10, 1993'. and ,tion 100-31Aa: (a) on isrequested_ to her or not bathroom. accessory building d dwelling, and (b) a 33 foT a pro- essory horse 10 Tallwood<- �Cos Neck. Y; County 7-19.27 (pro eels =will. at ear any. and ativesdesir- iboveappli- ritten:state- ing'.is.con- dll,not start 1. Files are ['hesitate to call '(516).765 - ed: September 2Z 1999,,:'. , BY ORDERO1ti THE SOI)THOLDTOWN BOARD OF APPEALS !'lJ?f0X 1379 '_ Southold, NY IMI 1980-ITS30 "(A ti � Imo#1°r-46"z 4f' N® "YW (MUL l;� g�'-+) FORM NO. 3 TOWN OF SOUT11OLD BUILDING DEPARTMENT .SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: ..July 28, 1999 Brian J. Warren To............... 3920A Smiyh -Y+=t. k� SCu, ,ji Seaforda.. TTY_ , 11783 ........_ , June 14 99 .' PLEASE TARE NOTICE that your application dated -------------------- 19...... for permit to _Constructan accessory garage "as built" at .... ... .... - .. .... 500 Dee Hole Drive "Mattituck Locationof Property .. ....._ .P .... ........................................ 'I House No. Street Hamlet i County Tax Map No. 1000 — Section .. .. BLOCK .... 12..... LOT . 6.......... Subdivision ............................... Filed Map No. .........Lot No. ....... is returned herewith and disapproved on the following grounds ............................... .that the proposed."as .built" accessorY_Darage is. n_the si.de_vard_area. Under Article i, .......................... .III, Section. 100.33. accessory building s, buildings andstructures or other accessory ...... uses shall be located in the required rear yard. ............................................................................................... 0 ....................' BUILDING INSPECTOR RV 1/80 FORM NO. 1 I fi PJ ; 41949 TowN OF SOUTHOLD BUTLDING DEPARTMENT TOWN HALL BLDG. DEPSOUTHOLD, N.Y. 11971 T WN OFSOUTHOLD +� TEL: 765-1802 Examined .................. 19.... Approved ..... 19..... Permit No ... ... Disapproved a/cC/%� ..............................................VVV�.......... - fBuldang Inspector). 2�RD OF HEALTH ............. 3 �:ETS OF PLANS _............ SURVEY `............ CHECK 1 3 .............. . SEPTIC FORM ................... APPLICATION FOR BUILDING PERMIT INSTRUCTIONS NOTIFY: CALL .................. 14AIL TO: .................... fim x AUG 2--.,®_I19Y �C 8 IIate....�... a. 'this application must be completely filled in by typewriter or in ink and submitted to the Building Inspector wi 3 sets of plans, accurate plot plan to scale. °Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be dram 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 throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATICN IS HEREBY MADE to the Building Department. for the issuance of a Building Permit pursuantto the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws,_ordi a, building code, housing code, and regulations, and to admit authorizedinspectors on premises and in build fo nece inspections ..... .... . ........ ....... ..... (Si ture of applicant, or name, if a corporation) 39 0A SoLLrw 3T- ..............r......... ........ (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or buildei ......................... ........................................................................................... Name of own............................er of premises K&tL-j�P,6-0 i---�Pj1A kEN .................................................................. (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. ........ —.............................................. (Nam and title of corporate officer) Builders License No . ......................... Plumbers License No . ......................... Electricians License No . ..................... Other Trade's License No . ..................... 1. Location of land on which proposed work will be done ...................................... :.......................................................... .... ..................... Hawse Number Street Hamlet County Tax Map No. 1000 Section .1(S�?�....... Block ...... Lot ...bc( Subdivision ...................................... Filed Map ,No. ................Tot ................ (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy.............................................................................. b. Intended use and occupancy... C�� ................ ........................................................... Nature of work (check which applicable):, New Building .,........ Addition Alteration .......... Repair ............ Removal ............. Damlition ............ Other Work ......`........................... (Description) Estimated Cost ..... P ......... ......... fee ............... .............. ... (to be paid on.filing this application) If dwelling, number of dwelling units ............ Number of dwelling units on each floor ................ If garage, nr ber of cars ...................................... If business, cmmercial or mixed occupancy, specify nature and extent of each type of use ...................... Dimensions of existing structures, if any: Front ................ Rear Depth Height......................... Number of Stories ...................... Dimensions of same structure with alterations or additions: Front ............... Rear ............... Depth .................... Height .................... Number of Stories ............... 11 1 3. Dimensions of entire new construction: Front .t2. 3 ......... Rear . tz. 3...... Depth2-G �- Height .... t?r.................. limber of Stories ...�.............,... 3. Size of lot: Hent ... . �C?Q............ Rear . l :I.`.............. .................... 10. Date of Purchase �kc'451 „ZI SCC .Name of Former Owner TRFA� Sf�tDf P4. i�°atA�> Ci�0�R5 E�Uw 11. Zone or use district in whirls premises are situated.............................................................. 12. Does proposed construction violate any zoning law, ordinance or regulation: ,Y..S .... ............. 13. Will lot be regraded......M.............0 . Will excess fill be removed from premises: YES NO . 14. Names of Owner of premises R\LAM wp-AkEa..... Addressggpv� Yf �' Phone No. .............. Name of Architect.............. ........................ Address .........................C.... Phone No. ............ Name of Contractor ................................... Address ...............................Phone No. .............. 15. Is this property within 300 feet of a tidal wetland? * YES.... NO .......... *IF YES, SOTIIti%D TURN Tt31SIMS PM11T MAY SE MWIRID. 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 nuaftr or description according to deed, and show street imams and indicate 4ether interior or corner lot.. S('ATS OF WV YW, CUM or 5�?1.K........ �s ............being duly sworn, deposes and says that he is the applicant (Nana of individual signing contract) above named, Ileis the ................................................................................... (Contractor„ agent, corporate officer, etc.). of said, owner or owners; and is duly autborized to perform or have performed the said work and to make aryl file this application; that all statements eontainedin this applieationare true to the best of hisknowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to befo>;e me this ^- �i ..... ^ ��.�r•.....day'of tW�1q:71r...19.g,4... Notary Public/�......... SALLiftet,9 DaS (S�gnature of Applicant) Ridary punks: of N ork 3,47 D.55 Quar[Red In Sult.st Ga�siy CCmmUSlat: F;.Ysirn,.t,u�o ?If rOnr Cr SEP 1 4 099 joiNr, Clark( 1Zn"thn'(0WN OF SOUTHOLD, NEW YORK W .a APPEAL FROM DECISION OF BUILDING IhISPE'CTOR - APPEAL -flip.�Qryps� DATE 7 1..... ...... 1' TI IE ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD N. Y Iotwel4?21f3N,�f 912i2(//V E>�sr Mic-pp&t7„ / E!�; bF ,'I,2LO4 Sou7-tt 5f..:..... ... .... Name of Appellant Street and Number ��A1� 7 .......,... ................................ ..... zEREB Y APPEAL TO Municipality State T1iE ZONING BOARD p0 -APPEALS FROM TItE DECISION OF THE BUILDING (NSPECI-OR ON APPLICATION FOR PERMIT NO. .................................... DATED .... .......... .............. WHEREBY; T IE #UILDING 1INSPECTOR DENIED TO `kl C�1�2rzr( _.. .. af. ( PERMIT :TO ( ) PERMITFOR OCCUPANCY 1. LOCATION OF THE PROPERTY—P„EftltF.V}}ppp'-��tL�ts Street j armee . j. Use District' on Zoning Map District 1000 Section 115 Block Lot Current Dwner&jAru �G K rX�3Y�Jt Dl .k Mop Na. �� -Lot No. Prior Owner,TAC7t e -a9 et Frr4L `�� 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub= section and Paragraph of the Zoning Ordinance by number. Do not gpole the Ordinance.) Article' Section 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (V A VARIANCE to the Zoning Ordinance or Zoning Map ; ( ) A VARIANCE due to lade of access (State ,of New York Town Law Chap. 62 Cons. Lows Art, 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) las not been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request' for a special permit ( ) request for a variance and was made in Appeal No.................................Doted ................................................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (t'A Varionce to the Zoning Ordinance Is requested for the reason that Fonn Zlit (Cantint)e on other side) exception."(Also attach sheets if necessary, with signatures.) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: 6"jjSpry a (SAS n C_C_fL SrANp(Nfa 30 VaAAs Ai`4% F_ " _uj2.t NI A'ND (rl e(c t &,a ru rpe moArk) (+R5 -A4o ®f34ae7-t a" ro 1i 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible &2r h4 applicant to pursue, other than an area variance BECAUSE: Psa 3. The amount `of relfef'requested is not substantial'BECAUSE'' r: 4. The variance will NOT have an adverse effect or impact on: the physical or environmental conditions in the "neighborhood or district BECAUSE o(Tro 5. Has the alleged difficulty "been 'self-created? ( . ( ) NONo.. 6. This is the minimum that is necessary and adequate, and at the same time preserve and protectthecharacter of the neighborhood and the health, safety and `welfare 'o€ the community. STATE OF NEW YORK) COUNTY OF SUFFOLK) Agent must attach written consent from owner. Sworn to before me this \5y�day of11 �� 19CII n n zxtlk form.varltemp �i SALLY HAMS Nolery �MIrw11 l�aa c( 7"Ajj 9A;- W i, i %e , M. Bldg. f ivim - l�aa c( 7"Ajj 9A;- W i, i %e , M. Bldg. f /X/6 7G� - Foundation -— ^ . 14 h Bath / f _. Extension --- X Z8 �r' ✓p.y 3� �y3 dement �'? Floors Extension .� p -G3 cep Ext. Walls W uo Interior Finish Extension �)�_ Fire Place �� - - Heat -- - - ,)f -- Porch Attic Porch - Rooms 1st Floor — --- _ Breezeway - -- _ -- -- Patio --- � Rooms 2nd Floor Garage X �� 1 > "� ,i rivewa Y O. B. NE W SUFF L K A VENUE N®O® EVEL YN P TURCHIANO N tu 0 �e o �y h 4 I aT ®7® 19' 20- E 240;25°� SURVEY OF PROPERTY A T MA T TI TUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 115 - 12 - 06 Scale 1"". - 30' July 5, 1990 CV � ' LU W 3 � 0 DRIVEWAY V � W � W LU C� O p ® ®i Q LU �.Z $ � J I Q. O ~ Z FARAOE 225.17' 240;25°� SURVEY OF PROPERTY A T MA T TI TUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 115 - 12 - 06 Scale 1"". - 30' July 5, 1990 NIOIF �P�E yo HELEN GARVEY OF NEW AREA 23,030 sq. f t..(to tie line) ,off Prepared in accordance with the minimum LIC. NO. 49613 standards for title surveys as established yi b the L.I.A.L.S. and aperoved and adopted PE Old RAVE ,G S. P.C. ,for such use by The IVw York State Land Title Association. MAIN. N, Y 11971 90 240 o)to ' DRIVEWAY _M .F ,'Re0/1%B ASPHALT FARAOE y CONC. 8 SLATE C PATIO 2 m l STORY FRAME HOUSE V Uj BA Y WINDOW J16.O." 68J' N i ® Q N O Z CERTIFIED TO: N 87° ls° 2®°° W® COMMONW,EALTH LAND TITLE INSURANCE COMPANY EUROPEAN AMERICAN BANK MILDRED L WARREN NIOIF �P�E yo HELEN GARVEY OF NEW AREA 23,030 sq. f t..(to tie line) ,off Prepared in accordance with the minimum LIC. NO. 49613 standards for title surveys as established yi b the L.I.A.L.S. and aperoved and adopted PE Old RAVE ,G S. P.C. ,for such use by The IVw York State Land Title Association. MAIN. N, Y 11971 90 240 DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK T. ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE October 20, 1999 STEPHEN M JONES, A I C P. DIRECTOR OF PLANNING Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s)File Number(s) Peters, Mary Jo B�adenhop, Esther jV�arren, Barry GGN: cc G:\CCHORNY\ZONING%ZONING\WORKING\LDS\OC-RSD4745. WP D 4745 SE -4754 4756 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner LOCATION MAILING ADDRESS H LEE DENNISON BLDG - 4TH FLOOR ■ P O BOX 6 100 ■ (5 1 6) 853-5 1 90 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 786-0099 TELECOPIER (516) 853-4044 BOARD OF APPEALS TOWN OF SOUTHOL,D (1-516) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Ccnmission: X Variance from the Zoning Code, Article 111 , Section 100-33 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4756 Applicant: Brian Warren Location of Affected Land: 500 Deep Hole Drive, Mattituck, NY County Tax Map Item No.: 10 00 - 115-12-6 Within 500 feet of: of Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.to "As built" garage - side yard location. Copies of Town file and related documents enclosed for your review. Dated :��- /% 1999 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. Brian J. Warren 50 Crystal Lake Drive Covington, KY 47101 BOARD OF APPEALS TOWN OF SOUTHOLD October 18, 1999 Re: ZBA Appl. No. 4756 - Variance for Garage Location Dear Mr. Warren: 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 Board's determination rendered at their Meeting of October 14, 1999. Please be sure to follow-up with the Building Department (765-1802) and obtain the building permit and certificate of occupancy for the existing garage. A copy of this written determination has been transmitted to the Building Department for their file and permanent records in your building permit request. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Department VRANSMITTAL MEMO TO: ZBA Chairman and Members FROM: ZBA Office Staff DATE: 7, 17 Ff SUBJECT: File Update With reference to the above application, please find attached the following new information added to the official ZBA office file: ---------------------------------------------------------------------• Comments:�c, ---------------------------------------------------------------------------- Number of Pages Attached: /_�.2-, ___ TrMemo doc ITI i T Pt -� --- 1 - ; - --�-- ; -1--T- - -�- - K C, - 1 - ,-- T-�- �-T--� - - -I -!--�_ --! - !-----�- - STT -- I -T - - I I -T ---� ---- ----- -- - _ Jn�� I "N qD . I----�--- I C I--'--I---� --� -�--�---- �_ _ �� I _ i T l ► T I I T S I I I I __ I - - TI 1 _ 1 I- T 1 71 --]---F-- --1- 1----}�-- -��-T - - '---- - ---�-- I - ! �- 1 -IF--! - ` O A 1,245—RtrWeaercennctetnrc.}vr vc n�uwaeaa, n.c_ vwen. me loom Aolrrth• prepared by the Real Property Srrrb,n of the M F Stare Liar Asinrladon, the New li Stare Lard Title Ar,ottatie, _bnrnrttrre an Real N-r-ry Lmc -f ther Ars ciotipn of the Bur of ,he City of ..... c ork and the Committee on Real Ngre ,y •Low of the Nrw York Corany Law yra':fundRtivrt. WARNING; NO REMESENTATIOrI IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PUFIC14ASE OF REAL ESTATE COMPLIEO:WITH SECTION 5-702 OF THE GENERAL OBUOATIONS LAW rpLAIN LANOUAGI'.). w CONSULT YOUR LAWYER BEFORE SIGNING Tl, rSAGREEMENT NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION. This eontract'form does not provide (or who happerw in the event of fire, or other casualty loss of condemnation before the title closing. l:n;ets different Provision Is made in thtr centred. Section 3.1311 of the General oblignttone jaw will apply. One p,u of that law mates a 1'vtehaser rcaponsiFly for rite alan Casually lam open taking posceor the Premises belong the title tiering. Iff=untruld of `11IIE made; as of Sep ®® 199) BETWEEN MUM J. WARR1tN, as Executor of the Estate of Mildred d. Wa=en Address'-. 500 Deep Hole Drive, Mattituck, NY 11952, Social Security Number/red. 1. D. N.o(s): 104-34-2513 hereinafter called "Seller" and LAWRENCE KELLY AND SHERRI KELLY, his wife Address:' ' 1200 nee -Bee Dr. Cutchaquer NY 11935 Social Sccuriy�y]�i00u r/Fid I. D. {Yo(s128-44-1766 hereinafter caped "Purchaser". --$2%5 Wile padfe i 11crg6V uArre ns tullnfua: 1. Premises. Seller shall sell and convey, and Purclinser shall intessa} ®t_llte-r of pff9sigi pop is ItbII7 la liurclsase the property, together with all buildings and Improve- installments of which include merits thereon (collectively the "Premises'), more fully described principal, I Cr- on A'tepirate page marked "Schedule A", annexed hereto and est and escrows ounts, if any, and with any balance of pr' cipal orale a poll he and atso known as: being due and pi yable on Sircel Andress; 500 Deep )sole Drive (b) To the ex. ant that any required payments are ' de on the Kittituck, NY 11952 existing mortgo o between the date•bercof and C sing which Tax Map 6esignation: reduce dee unp, id principal amount thereof bel the amount Sec. 115001 Block 12.60; Lot 006.00 shown in pam0 b 3(b), then the balance of the rice payable at Together with Seller'e otYncrehip and rigllle, if ally, to land lying In Closing under ly ragraph 3(d) shall be incratsed y.the amount of To bed of an eller[ or•h the payments of. principal. Seller•represcrua i warrants the[ the Y ighway, opened or Proposed, adjoining amount' shown len paragraph 3(b) is sub . Rtially rostra and the Praniscs to the center line (hercor, including any right of Sclicr to any unpaid award by reason of any taking by eondemao. =''.i ; Agrees'41IRL only Payments required by the isting mortgage will ilon and/dr for any. damage to the Prethises by reaoon of Chang 'r ; ; . be made betwtti the dale hereof and Clo g. Of grade of any street or highway- Seller shell deliver ate no Rddiy--..)�:` )(e) If there It, mortgagee escrow a sena Seller shall assign it lional cost to Purchaser, at Closing (a; hereinafter defined), orre,.v•1,l;: t0 Purchaser, if i can be assigned, an an that use Purcltaserahall thereafter. Ott demand, any Documents that Purchaser may reaa', , ) •Gey the amount t the escrow accou to Seller at Closing. sociably require for the coni'ey.,nce of such title and the nasi - •rs,. (d) Seller ilio I deletes to Pu ser at Closing a eerttfieatc ment and collection of such award or damages. �� ' ' dated not more ; han 30 days b m Closing siltned try the holder . t ,,;` of the existing ortgage, in arm for recordtpig ccetefying the I. Ptnotua rropvty, This Bale also includes all falyres and drtt amount of the r npaid prin pal, the date to which iitreresl has Iles of personal prorerty now attached or apl,un®int )d allc't''Y t : been paid and 11 alnount if any, claimed to be unpaid for prin- Premises, unless specifically excluded below. Scaer rt�rJ'�serf}}s'ti JP i .eipal and iuteree , itrcmiz g the swine. Seller shall pat' the feta for warrants that al Cloting they will be paid for end owthc{( liy'Se11 r,t ; recording ouch c rtifiea . If the holder.of the existing mortg pe is free and clear of all liens and encumbrancer, except' sqy,exist" ft'i , +5a a ba{rk or other nstit ion as defined !tt Section 274-s u: the Real mortgage to which this sale may be subject. They inc/udf;' set tf , y a faro ,crty Law (- ns ulional Lender'), it may, instrRd of the eer- not limited to, Plumbing, hcaliug, ligMing and cook�it�sj� �j turd! ; 'o ;'tifiu,te, furnish' letter signed by a. duly, aulhori:rl officer, bathroom. and kitchen cabinets, didht67I7x�Xa6Yrtvrssistvitch;l Z ' `emlrloyce or og ,dated not more then 30 days be[crc Closing. Oates and door hardware, vM7Er[dr;}3msldl, window treat ttnts)�t ":` /P.,ch.er .g the . tee information.gNU N* screone, $al5 W storm wituiowo, stormdoors, •ifdfc mail bbx, TV acriels, diiftiii24i6We�gkr h;s: `:ller pl: tents and warranle shot (i) Seller hes d.:livered to shr Nx% it r e a W dompicte copies of the existing Mortgage, the n'K7frllfbiX61wt3f�,7it7tiKsTrlBR�ii) ': td the .by and.any extensions and modificatous thereof, ing tneehinc, _clothes dr� xa7Ay4)h8 ran e, '1 xisting r mortgage is not now, and at the th0e.of Closing refrigerator, (fdbt67 $tY ibljtD�,"•% ••. bc. in t.efaulL end (iii) the existing mottgade does not fQ& RKillbl¢arpeting and built-ins not excluded below (strike ouny pro, icion (fiat permits the' holder of the mortgage to nroppitcoble hems). as exists e s unruc, iatc payment in full or to change any other term kxeluded from this sale are (urtnititre aI!d huus4ltgld furnishings and • 3. rusthitse rrlce. The purchase price is $ 250, 000.00 S payable as -follows. (a) on the signing of this contract, by Purehrser s check payable to the Escrowee (tis hereinafter defined), trubject'to collection, the reeeirt of ,which is hereby acknowledged• to be held in ecrow pursuant to paragraph 6 of this 'Contract (the "Downpaymcnt7: S 25,000.00 (b) by allowance for lire principal amount unpaid on the exist- ing moregAse on the date hereof, payment of which Purchaser shop mums byJoinder In the decd; S (c) by erpurdwse money note and mortgage hutn Ilurchaaer to Seiler: S (d) jralance at Closing in accordance with paragraph I: S 225,000.00 »raaxln i to an existing mortgage as indicai re a ave: (a) The,Prjlniscs�hel4 nveyed subject to the continuing to be a purchnsr money mortgage as indicatcd'iu paragraph above: (a) The porch se money note and mortgage shall be n by the attorney foe' eller in the form attached or, if not, ! c stand, aid form adopter by.the New York State lAnd Thi - Purchaser shall 6 y at Closing the mortgage reco g tax, ialio ing fees and the I, tornryi fees irl the amount of ecord- for it; pmparatio i. (b) The purcli ise money note and mor A96 -shall also provide that ,} is subject: nd subord!nete io thten of tbe:existing mort- gage and any ex ensions, modlfecati S. replacements or consoli- dations of the ex, sting mortgage, ' idcd thpt.(i) (he interest rate thereof.sliall not be greater the percent per annum and the total debt crvice the under shall tiot.be gteater•than f , per a um, and (ii) if the principal amount thereofshallexctedth mount of principal owing and unpaid on the cxidting mor! a at the time of plating such hew mortgage or eoltsolllfated oto age, the excess be paid to the holder of such Purchase mon mortgage in reduction of the principal thereof. The'i" an ney mortgage shall also provide that such pay- ment tt, hol ler thereof shall, no, alter or affect the regular ..,.all le, if a y, of principal payable thereunder and that the hold thereof w I,. on demand and without charge therefor, exe- c , ackn.wled a And deliver any agreement or agreements — 6. Downpaymett In pserow. (a) Sellers attorney ("Escrowee-) aliall hold the O wnpayment•for Seller's account -in escrow in a scgregaied bank f ceount at CitlLti7flk; .N.A. A. torney Trust Acc=t until Closing or i, Doner termination of this Contract Lind shall pay over orapply thi Downpaymenl in accordance with the terms of thisparagraph. I` serowee shaU (not) (Delerelf ytapplfcalik) hold the pawnpaymet t in an interest -boring accountlor.the benefit of the p%rtiee. If interest is held for the benefit of the panics, it shall ,be paid to the party entitled to the Downpayment 1 e party receiving the interest shall pay any income taxes thea f Inter - CA! is not Field for the benefit of the parties, the I: _ syment 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. AI.Closiog, the Downpayment shall be paid by Escrowee to Seller. Irfor any reason Closing does not occur and either party gives Notice (as defined in paragraph 25) to Escrowee demanding Payment of.tht Downpayrnent. Escrowee shall give prompt Notice to the other party of such demand. If Escrowee does not receive Notice*of objection from such other party to the proposed pay- ment within 10 business days after the giving of such Notice, r4crowcc'is hereby authorized and directed to make such pay- ment. If Eacrowre does receive such Notice of objection within such 10 day period or if for any other reason Escrowee In good faith.ehalf akct not to make such payment, Fscrowce shall eon- liotte to hold such amount until otherariie directed by Notice from the parties to this contract or a'final, nonappralable judgment. order or de4a of a court. However, Escroweo'shall have the right At 'soy lima to deposit the Downpaymcnl and the interest thereon with the cicrk.of a court in the county In which the Premises are located: and shall give Notice of such deposit to Seller and Pur- chaser. Upon such deposit or other disbursement in accordance with the terms of this paragraph, Escrowee shall be relieved and dischar ed of all further obligations and responsibilities hereunder. (b) parties acknowledge that, although Escrowed Is holding the Downpayment for Seller's 66couni. for all other purposes Escrowee is'xcting solely as a stakeholder at their request and for their convenience and'thal Eacrowee shall not be liable to either patty for any int or omission on its part unless taken or suffered in bad faith or In willful distegard of this contract or involving gross eegNpcnce on the part of Escrowee. Scllcr and Purchaser jointly and severally agree to defend, lildeninify,and hold Escrowee harmms less from and against all costs, claiand expenses (including reasonable attorneys' fees) incurred in connection with the perforrdance of Escrowee's dudes hereunder. except will, respect to anions or omissions taken or suffered by Escrowee in bad faith Oran willful disregard of this contract or involving gross negligence on the pan of ]Escrowee, (e) EWowee may Act or refrain from acting in respect of any matter referted to herein in full reliance upon and with the advice ofcounsel %Nth may be selected by it (including airy inember of its Grm) and shall be fully protectid in so acting or refraining from action upon:the advice of such counsel. (d) Eserogee acknowledges receipt of the Downpayment by ts chk subject to collection and Eserowee's agreement to [lie provi- sions of this paragraph by signing in the.place indicated on the .signature page of this ventrad. (e) Eserowce or any member of its firm shall be permitted to act as counsel for Seller in any dispute as to the disburserpeal of the Downpgmant or any other dispute between the parties whether or nut' Eee scrowis in possession of the Downpayment and con- 'tinucs to adtas Lncrowee. 7. Acceptable Funds. All money payable under this contract, unless otherwise specified, shall be paid try; (a) Cash. but not over 51,000.00. . (b) Good •certified check of .Purchaser drawn on or official chuck issued' by any batik, savings bank, trust company or savings and loa*assoetation having a banking office in the State of New York. uneodotsed and payable 10 the order of Seller, or as Seller mayolherwhe direct upon not less than 7 busincss.days notice (by :telephone oe otherwise) to Purchaser: (c) As -to money other than lbc purchase price payable to Seller at ClusinX pncenifled check of Purchaser up Ie the amount of 1 50 0p land (d) . otherwise agreed to in writing by Scllcr or Seller's .attorney. , A. bl otl`ege Contingency. (Deb(e if brappllcnble) The obligations of Purchaser hcreumltr. are con4itioncd upon issuance on or Were ' 15 19 9 (rhe "Commit - local Date') of a written . mmitment fro any Institutional Leader -Pursuant to which suds Institutional Lender agrees to make a, first mortgnge loan, other Ilton a VA. FHA or' other `ovetnmonlally insured- loan, to Purchaser, at Purchaser's sole Cost and txpense, of S 100,000.00 or such lesser sum as Purchaser shall be willing to accept, at the prevalling.fixed .rate of interest. not to exceed prevailYWitiat adjustable rate of interest not to exceed �� j��r�tu of at least 25 yean and on other euslont�r��ditikf(tAtr'itlierrns, whether or not conditional upon any factors other, than an nppraisal satisfactory o the Ircstiiutional Leader. Putehaser shall (a) make promptand pltattion to an Institilional Lender for such mortgage loan, (b) tl umish accurate and complete information rega.•ding Purchaser and meinberi of Purchoser's family, as required, (e) pay all fees, points and'charges enquired in connection with such' application and loan, (d) pursue such applitatlon with diligence. (e) cnoperato in'goodleith with auch•Insritutional Lender to obt. in such com- mitment and (r) promptly give Notice to Seller of the frame and addteas.of each Institutional Lender to which Purcha;er.has made such application. Purchaser shall comply with a 1'r luirements of such commitment (or of any uW.r commitment a, cepted by Pur- chaier) and shall furnish Seller with a copy ebercotpromptly after receipt theieof. If such com-mitnicht is not issued on or before the Commilmeni Date, Hien, unless Purchaser has. accepted a com- ,gnitmtnt that does not comply with the requirements set forth above,. Purchaser may cancel thin Contract by giving Notice to Wier within S business days after the Commildtcri Date, in which t�zse 04 contract shall' be deemed:cancelled and thereafter neither Polly shall have a y further rights against, or -'-tions or Habil: ties to, the other 1 y reason of this contract, a hat the Down• payment shall bqpromptly refunded to Put and except as set forili in paras aph 27. liRttcal,aa-• r.:t, . _ _ ro naacr sneu accept a commum oea not comply hurt t tit et forth a ar-tI urehall, shall be deemed oto have aiv' to,cancel this contract and to i`ceiva a and of the Downpaymc n of the 9, PenOlted F.16pllons. The Premises are sold'and shall be con- veyed 'subject to: . (a) Zoning and' stkbdivision laws and regulations, and landmark, historic 'or wetlan 19 designation, provided that they are not vio- latcd by: the exist ng buildings and improvements erected on the Property or their r se; 21 (b) C¢nsenls G r the erection of any structures on, *under or above nt)y streets; u which the Premises abut; (c) Egcroachmi nes of stoops, areas, cellar steps, trim and corni- ce:, an if y, upon Si y street or highway; (d) R jW estate taxes that are a lien, but are not yet duo and payable;;mrd (e) Tfla other n alters, if any, including a survey exception, see forth In a Rider at ached. 10. Cov'ernmeoto Violalions and Orders. (a) Seller, shall comply with all notes o notices of violations of law or municipal ordinances, order, or requirements noted or issued as of the dale hereof by In y ®o 'ernmental de partment• having authority as to lands, 'hpusl.9. b' Iklinge, fire, health, envirdnrticnlal and Tabor condiliohs affectlr the Premises. The Premisea•ahall be conveyed free ofthem at't using. Seller shall furnish Purchaser with any authorizhtiona nes scary to make the starches that could disclose these matters. mires pgnuant York Incurred t 11. 5elitr's Rep to Purchaser that (1) The Prcn road; ' (ii) Seller is right, power and aowrdat{ce with t (ill)1Seller is for purposes of tt InterhalAisvenue ilia regulations pr (iv) The Pre abatements of tax (v) Seller ha - years, cxpcpt ayears,cxpept I (b) Sellercoven and warianties set nt Closing. (c) Except as of of Seller'a covenai tions contained in 12. Cor%lUilon of sent$ that. Pure?tai state of )epair of i in this sale, based thereof,'and that. solely upon such informAtion, data; as to the!tphysictd or any other math included 7n the ser: and shall accept 1 stale of iepnir, su! deterloroion bete (except qe olherw• reduction in the change:ii such car of this contract. P, have the right, at i. [elephant or other: Closing. IJ. Insurable tltli such title'as _ shall be (willing i standard) form of Insureact Pepsin this oorilnct. 14. Closing, Decd tate oblig)Ations td contract„ includini and the dclivtry to decd in ' oper sew acknowledStd,so Premises free of stated. Tit deed d subd. 5 or Section in money shall be d'u- sentallons. (a) Seller represents and warrants es abut or have a right of access to a public e sole owner of the Premises and has the full' thority to sell, convey and transfer the some in terms of this contract; of a "foreign person", as that term is defined Foreign Investment in Real Property Tax Act, ;ode ("IRC') Section 1445, as amended, slid nulgated theeunder (colleeilvely "FIRPTA); Irea are not affected by any exemFtions or ;and 1cen known by no other name for the past ten nts and warrants that all of the representations forth in this contract shall be true and correct !rwise expressly set forth in this contract, none I. representations, warranties or other obliga- is contract shall survive Closing. roperty. Purchaser aeknoWlodges and repro - is fully aware of the physical condition and c Premises and of all other progeny included u Purchaser's own intpeetlon andel lnvrn:tipdon urchaser is entering into this conttrzct based spection and investigation and' eat upon any tatcmenls or representations, written or oral. ndition, stale of repair, use. cost of operation related to the Premises of the other property given or made by Scllcr or its representativea, same "as is" in their present condition and :d to reasonable use, wcar,.tear and natural :n the date hereof and the date of Closing : set forth In paragraph 16(0), without any rehase price or claim of any'kind 'for any ition by reason thereof subsequent to the date :haser and its authorised representatives shell sonoble times and upon reasonable notice (by ise) to Seller, to inspect the Promises before 1 vt/I� Seller Shall give and Purchaser' shall accept y reputable New Ycxk title oarpany approve and insure, in hccordance with its It policy approved by the New York.State it. subject only to the mattesi provided for in ad TIIIe. (a) "Closing" means the settl.ment of ;eller and Purchaser to each other under this the payment of the purchase prise to'Seller, 'urchaserofa Executor ,wry Shun form for record, duly executed and a to convey to Purchaser fee simple title to the ill encumbrances, except as otherwise herein all contain a covenant by Seller as required by of the Lien Law. (C) if Seller is a corporation, it shall deliver to Purchaser at the time.of Closing (f) a resolution of its Board of Dime— -•-thorir- ing the sale fend delivery of the deed, and (Ii) a cert by the Secretary or Assistant Secretary of the corporation.e tg such resolution and Kiting forth facts showing that she transfer is in conformity with the requirements of Section 909 of the Business Corporation Law The decd in such case shall contain a recital suffrcicni to establish compliance with that Section. lb. Clotting Dale and ruse. Closing shall take placC at the office of lending institution to their attorney's office �r. 'd cc luckon or nb04rt1Y ol3e99 sl:if!x�slh�ra9t 16. Conditions to Closlag,.This contract and Purcliast:6 obliga- tion to purchase the Premises are also subject to -and conditioned upon the fulfillment of Ihe'following conditions precedent: (a) Tbe'accuracy, as of 11te date of Closing, of Lite representa- tions and warranties of Seller made in this contract. (b) The delivery by Sailer to Purchaser of it valid and subsisting Certificate: of Occupancy of other required certificate of com- plionce, or evidence that none was required, covering the build- ing(s).-&t4 all of the other improvements located on the property oulhwWng their use as a the family dwel- ling at the date of Closing. (e)' The delivery by Seller to Purchaser of a duly executed and sworn affidavit (in form prescribcdby law) claiming exemption of the sale contemplated hereby, if such be the case, under Article 31-8 of the Tax Law of the State. of New York and the Regula- tions promulgated thereunder, as the same may be aminded from tune to time (collectively the "Gnlns Tax Law'); or if such sale shall not be exempt under. the. Gains Tax Law, Seller and Pur- chaser agree to comply in a timely manner with the requiremtenta of the Gains Tax law and, at Cloning.. Seller shall deliver to Pur- chases (e)'an official return 8110u•ing no lax due, or (ii) all official return accompanied by a certified or official bank check drawn on it New York State banking institution.payable to the order of die 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 lax iltat may become due under the Gains Tax Law, together with interest and penalties thereon, if any, which may be assessed or become due offer Closing, and/or exc- cute any other documents that may be required in respect thereof, and (y) indemnify, defend and save Purchaser harmless from and against any of the foregoing and any damage. liability, cost or expense (including reasonable attorneys' fees) which may be suf- fcrcd or incurred by Purchaser by reason of the nonpayment there- of. The provisions of this subparagraph (c) shall survive Closing. (d) The delivery by Seller to Purchaser of a certification stating that Seller Is not a foreign ppeerson, which certification shall be in the form then required by 1'IRPTA. 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 ivillihold1rom the purchase price a'sum equal to 10% thereof (or any lesser amount permitted by taw) and shall at Closing remit the withheld amount wills the required forms to the Interual Revenue Service. (c) The delivery of lire Prcmeea and all building(s) and improve - mems comprising o part thereof in broom clean condition, vacant and free of Icaaa or tenancies. together with keys to the Premises. (() All plumbing (including water supply and septic systems, if atty), Ileathig and air conditioning, if any, electrical and mechank cal systems.. aluipmentand machinery in the building(s) located on the properly and all appliances which are included in this sale being in working order as of the dale of Closing. (g)'If lite Premises area one or two family !rouse, delivery by the parfica at Closing of affidavits in compliance with stale and Iocn1 law requirements lathe effect that there is Installed in the Premises a smoke detecting alarm device or devices. (if) The delivery by the parties of any other affidavits required as a condition of recording the deed. 17: Dred Transfer and Recardfne Tun. At Closing, certified or .official bank clucks payable to the order of the appropriate Slate, City or County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or record - tog of the deed or morignge, 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 eae- cutcd and sworn to, and such pnity shall cause any such checks and returns to be delivered to the appropriate officer promptly after Closing. The obligation to pay any additional lax or deff- ciency and any interest or penalties thereon shall survive Closing. 18. Apport(onmenty and Other Adjustments; Water Meter and InsWlmmt AsatlaMuflit, (a) To lite extent applicable, the follow- ing shall -be apportioned as of midnight of the day before the day of Closing: (i) faxes. water charges and sewer rents, on the basis of the 'fiscal pedod for which assessed; (ii) fuel; (iii) interest on the exist- ing mortgage; -policies and renewals n o 0810g: (v) vault (b) If Closing shall occur before a now tax rate is fixed, the apportionment of taxes shall be upon the basis of the tax rate for the immediately preceding fires( period applied to the latest assessed valuation (c) if there is a`water meter on the Premises. Seller shall fut a reading to a ds.c not more than 30 days brr^" 'losing and unfixed meter c11 rge and sewer rent, if any, tc apportion, on the bngis of ser h last reading. (d) if at the late of Closing the Premises are affected by an assessment whit: is or may become payable in annual install- ments, and the (rst installment is then a lien, or has been paid then for the (curl vacs of this contract all the unpaid installments shall be consider -,d due and shall be paid by Sellar at or prior to Closing. (c) Any error, or Omiesigns in computing apportionments or other adjuslmen; at Closing shall be corrected within a reason- able time following Closing. This subparagraph shall survive Closing. 19. Allowance of Unpaid Taxes, etc. Seller has tb< option to credit Iturchaacr as an adjustment to the purchase price with cite amount of any u paid texas, as"mcnts, water charges and sewer rents, together v ith any interest and penalties thereon to a date not less than five business days after Closing,'provided that official bills therefor con pined to said date are produced at Closing. 20. Use of par, have Price to Remove Encumbrances. If at Clos- ing there are oil, er liens or encumbrances that.Seller is obligated to pay or dische ge, Seller may use any portion of the cash bal- ance of the put hose price to pay or discharge them, provided Seller shall simu laneously, deliver to Purchaser at Closing instru- ments in record ible form and sufficient to satisfy such liens or encumbrances o record, together with the coat of recording or Filing said instru nrnts, As an alternative Seller may deposit suffi. tient monies reit i the title insurance company employed by Pur- chaser acceptsbl to and required by it to assure their discharge, but a,nly If the ii le insurance company will insure Purchasers title cicarof lite met• rs or insure against their enforcement out of the Premises and wi I insure Purchasers institutional Lender dear of such matters. U: n notice (by telephone or. otherwise), given not less than 3 busy ess days before Closing, Purchaser shall provide separate certifiel or official bank checks as requested to assist in clearing up those matters, 21. Title Exanif atlon) Seller's Inability to Convey; Limitations of I.lablllly. (a) I` rchaser shall order an examination of title in respect of the f. 'emises from a title company licensed or nutho- dier( to issue t: le insurance by the New York State insurance Department or; ny agent far such title campany promptly after the execution o this contract or, if this contract is subject to the mortgage conlirgency set forth in paragraph 8, after a mortgage commitment ht been accepted by Purchaser. Purchaser shall cause a copy of he title report and of any additions thereto to be ddiveied to the ! Itorney(s) for Seller promptly after racipt thereof. (b)(i) If at th( dale of Closing Sealer is unable to transfer title to Purchaser in accordance with this contract, or Puiduser has other valid grounds ( tr refusing to close, whether by reasoq of liew, encumbrances c r other objections to title or otherwise (herein col- lectively called' Defects% uthcr than those'Subjea to which Pur- chaser is oblip ed to accept title hereunder or which Purchaser may have waiv d and other than those which Seller has herein expressly agrcce to remove, remedy or discharge and if Purchaser shall be unwilli ig to waive the same and,to close title without abatement of we purchase price, then, except as heminafter.set forth. Seller An 11 have the right, at Seller's sole election, either to take such actios as Seller may deem advisable to remove, remedy, discharge or co. nply with such Defects or to cancel this contract; (ii) if Seller elec s to take action to remove, remedy or comply with such Defects. `eller shall be entitled from time to time, upon Notice to Purcl. ser, to adjourn the dale for Closing hereunder for a period or peri ds not exceeding 60 days in the aggregate (but not extending bey( td the date upon which Purchasers mortgage cornmilment, it iny, shall expire), and the date for. Closing shall be adjourned to a' late specified by Seller not beyond such period. If for any reason. Nhatcoever. Seller shall not have succeeded in re- moving rented ing or complying with such'Defects at the expira- tion of such ad, untmenl(s), and if Purchaser shall still be unwil- ling to waive ti. same and to close title without abatement of the purchase price, then, either Party may cancel this contract by Notice to the of :er given within 10 days after such adjourned date; (iii) notwilhsta.1 ding the foregoing, the existing mortgage (unless this sale is subs ct to the same) and any matter ereatcd by Scllcr after the date ereof shall be released, discharged or otherwise cured by Seller it or prior to Closing. (c) if this cc- tract is cancelled pursuant to its terms, other than as a result of P? mbaserS default, this contract shall terminate and come to an enc , and neither party shall have any further rights, obligations or 1; abilities agaitist or to the other hereunder or other- wise, except tF t: (i) Seller shall promptly refund or cause the Fscrowee to re*'on it the Downpayment to Purchaser and, unless cancelled as a cult of Purchaser's default or pursuant to para- graph 8, to rciti burse Piitehosef for the oet edit Of eXdiHiiifitlOn of title, including, kny appropriate additional charges related thereto, and the net co t, if actually paid or incurred by Purchaser, for updating the e: isting survey of the Premises or Of a new survey, and (ii) the obi gations under'pdragraph 27 shall survive the ter- mination of th)r contract. 22. A111davll it. to Judgments, Bankruptdes,.ete, if a title exami- nation disclose. judgments. bankruptcies or other returns against persons having names the same as or similar to that of Seller, Seller shall del ver an affidavit at Closing'showing that they are Stet not against Sell r. stet 2't' Defaults ■, d Rmledlea. (a) if Purchaser defaults hereunder. Seller's sole mi icdy shall be to receive and retain Ate Downpay- meat as if cud; ed damages, it being agreed that Seller's damages in cue of Purc aserb default might be impossible to ascertain and that the Dowd ayment constitutes a fair and reasonable amount of damages uric er the circumstances and is not a penalty. (b)'If Seller defaults hereunder. Purchaser shall, such claims and ex pen: es. including reasonableauon es. arising out remedies es Purchaser shall be entitled to at law or in eq, iclud• of the breach or their respective parts of an esentatiod or it.: but not limited to, specific pee formance. agreement contal ed in this paragraph. The pro- s s of this para- 24. Putcliaser's Lien. All money paid on account, of this contract, graph shall surviv Closing or. if Clasing does not occur. the ierminn- tion of this contra ct. and the reasonable expenses of examination of title to the Premises and of any survey and survey inspection charges, are here- ` 28. Mlscetlaneou .(a) All prior understandings,agreernents,reprc- bymadelienson the Premises. but such hens shall not continue after sentations and wi rranties. oral or written. between Seller and Pur - default by Purchaser under this contract. chaser are merge in this contract: is completely expresses their full 25. Notices. Any notice or other communication ('Nntice') shall be agreement and ht been entered into after full investigation, neither party rclyingupo, any statement made by anyone else that is not act itiwritlnQand gither(n) sent byelrher.ofthe parties hen:toorbytheir forth In this confit ct. respective attorneys who are hereby authorized to do so on their behairor by the*Escrowee, by registered or certified mail. postage Neircancther 6 ractseof aybewaipply prepaid, or art edcxccontractnoranting.Tsisconton ehani+ed or tante: led extcpl in writing. This contract shall a Iso apply (b) delivered in person or by. overnight courier. with receipt to and bind the f, irs, distributees. legal representatives, successors and permitted as: igns of the respective parties. The parties hereby acknowledged, to the rbspcctive addresses given in this contract for authorize their res pcclive attorneys to a&ret in writing Lonny change& the party and the Escrowee, to whom the Notice is to be given, or to in dates:and time petiods provided for in this contract. such othcuaddrem as such party -or Fserowee Shall hereafter desig- (c) Any singul ir word or term herein shall also be read as in the nate by Notice given to the other party or patties and the -Escrowee plural and the neuter shall include the masculine and feminine pursuant to this paragraph. Each Notice mailed shall be deemed gender• whencvci lite sense of this contract may require it. given on, the third butineYs day following the date of mailing the (d) The captio is in this contract are for convenience of reference same. except thaUnynotice toEscroweeshall bedeemed given only anlyandlnnowa define. limitordescribethe,fcopcofthucontract upoh.icccipt by Escrowee and each Notice delivered In petson or by and shall not bei onsidercd in the interpretation of this contract or overnight couriershall be deemed given when delivered. any provision het Dof. 26. No Asilgnatent.This contract may not be assigned by Purchaser. (e) This contrK ci shall not be binding or effective until duly exe- vnthoot the prior written consent of Seller in each instance and any cutcd and deliver. J by Seller and Purchaser. purported assignment(s) made washout such consent shalt be void. I withlRCn reporting require- eSeller and i,urchatershall comn, 27. otiskir. Selkrandl Purchaser each represents and warrants to the ts• if applical le. Thu subparagraph ments. g• shall survivClosi (g) Each party shall. at anytime and from time to time, execute• other that it hat not dealt withany broker in connection with this sale acknowledgelwitt e appropriate and deliver such further instruments other than and d'ocumcnis z d lake such other action as -may be reasonably COI�Z i3�S requested by the' her in order to carry out the.intent and purpose of this contract. Thi subparagraph shall survive Closing, (h) This cant re tis intended for the exclusive benefit of the parties ('10roker') and Seller shall pay Broker any eommigslon earned pur- hereto and, i:xccp as otherwise expressly provided herein, shall not suant to a separate agreement between Seller and Broker. Seller and Purchaser shall indemnify and defend each other against.any costs• be for the bencl t of, and shall not. create any rights in, or be enforceable by a y other person.or entity. ni frss YVI!EREPF. this contract has been duly executed by thNpartics h CAL - tfha.Estate"of Mildred T. Warren Sr Her Attorney rpr Seller: Attorincy for livacoiM S. BABEL Address: Address: 217-04 'Northern Blvd. Bayside....N)! 11361 TFL: '(718) 631=J212 ": TF (718) 631-3770 TO.: (e R"elpt of,the Domipaynlcnt is acknowlcdgcd'and the uthlersigned agrees to act in ea E,-o—c Cmdract of Jkle Tints No. Section 'BRIM J. WAIUUN as bLecutor -of block the Estate of Mildred 'I. Warren Lot County or Tots Street Number o TO IAMM=, IOri.LY and S'fsm KELLY,. HIS WIFE haser: G. ANIELn ROSS 15 V Ijes U�1) 0.�� att-ituck, NY 11935 298-1200 Fax: (516). 298-4427 ) 4759400 with the provisions of paragraph 6 above. PREMISES 11500 12.00 006.00 Suffolk 500 Deep Acle Drive Mattituck, NY 11952 . r - . �„t�lmf•cerWril �lQl,•pDdOi 1 . R, pl MrN.,sYa ua YV•....roi �•� •-•�•• bits ams bdo>s 1I� at ttat j�ituak, in the Town of SoutholO 5uf L..r. COUnnythe Q Ne'' York bounded and deucribod po f011014 Deg inning dt 'a point westerly lint, of Doep 11o1e 1)Livo. 514i126 feet southerly along said westn;ly lino gtam,lJaw Buffolk Av9nuo; e 3 running along ®a-fd westerly lin® of Deep 6018 •DYive E. Z deg 40 miA A0 a®c 1�. 511.0 feet; thence along other land of tiler parties of the first part at right angles to re ot 10 said weatorly line, N. 97 deg 19 min a1�rgcsei82geep Ro35 le�Creek, 500 8# eo to bp isole Creeki thence northerly feet Dore or leaa) thence along other li.nd of the parD66p of the aedohd part at right angles to said wes!erly line of Deep Hint olive, S. 87 deg 19 min 20 Bao E. 235 feet. moic or lase to the -point beginning. TOGETHER with all the right, title and '. nterest .of ti•c. partial of .adjacentttoasaid premieoodtootheacenter, lin®fthereof. Drive, TOGETHER with all the right, title and ntereat of the :parties o.f der. then' Pirnt part, of. in !M4 tO water8 -and the land unwateie of Dae$ gcl•e Vjaac�k 7.y inq in front of and ad joining the aboga described pre?�ls� gtinTR'CT to the tollowing roveli®n;�a an/l:, eetrictionss 1. That the ourchasara shall not erect or germithto be.grs. oned on any lot any buildings except one detached dwelling private use for said dwelling. Gamily and one garage for 2. That h6 dwelling erected thri en shall do. lees than e: 55,OQ0.00• 3. That no part of any building lr cesspool on any lot shall be *Aucaacih that the hui•tiea iij 1h4: fl rr;t earl, lit voo].71dorallool. of One and no/100 = _ r .. .. _ _ _ _ _ _ _ .. Millar a ($ 1.00 ) lawful nroneyol the United Staler, and other goPd and valuable Considera.tioh paid Gy the party u/ lite son *41ble eld}r ehAo �► }•t�� q.►t•fu the porta of lA.s second part, an he oury vor o euo c ► r an r ue v e.F�rr, all that tract or varcel of land eitunte at tanttit ck. in the own or Ooutho .,Suffolk County, New York bounded and denarLbed as followat Doginningg at a point on the westerly line of Deep Hole Driv , 4614.28 feet aoutherlyy along Bald Westerly lAne frow ilhw Suffolk Aven e; Find running along said westerly line of Deep Hole Drive, S. 2 dog 40' in 40 oso.w. 50.0 feet; thence along other land of the parties of they irot part at right angles to,eald westerly liner N. 07 doff 19 min 20 see W. 231 feet, sore or lees; ;to Deep "ole Creek; then;. northerly along eat Deep Holo Creek, 30 foot, more or love; thence along other land of the trtlea of the first part a right anglea to salol westerly lino of Deep Ho Drive, u. 87 deg l9 min M _sea E. 215 font, more or loos, to Cho point- of beginning. TOOSTHER with. all the right. title and in.erest of the parties of 'tit& ffret part, QV, in and to t•hr`t portion of oep bole Drive, adjacent to said premises to the center line thereof. TOUTIMA with all the rilghlo title And 1n ®rout of the pnrtien of. -the first prirt, of in and to waters and. the la.;d under watdr of Deep Aole Oroek lying in front of and adjoining the abov described premises. OfJ$Je.OT to the following covenants and ro triotlonel 1. That the purchasers ;hull not or- of or permit to be erected on any lot any buildings except one detachod dolling house for otre 'family and one garage for private use for said Tdwelling. 2. That nn dwelling erected th.reon.lehell coat lean than .6 5000.001. 3. That no part of any building orjceespool on any lot ohA1 be. more than. 130 foot from said Deep, !(ole Ar, va and leas than 5 feet from the bids boundary 13ne of any lot. 4. No outside toilets nr stables a. to be erected, on any part or the promises and 'kept on Bald promisee. 5•,; The,.part.y , of the second. part or..p6irmlt to be s nufaotured or sold, on said' im4r.6hand J66 bt any kind, and shall riot carry ;trads. whateoever, upon said rremleee, and. wil. ;manner of .things which will be n nuloanoe, u neighborhood. 6. Hai signs of any kind shnll be erected, F th the permission of the partise.of the first part 6 or 3 •faei�6 No fano.Uesita n or hedges shall be erected or: The foregoing reservations and restrictions are t 1AAnd shall be binding upon the purchasers, their t eeigno•until-January 1. 1960, except, however, that t .re.t part reserve the, right to change, alter or amend .whole or in part go they may from time to time se0 be erected or pormitt fowl or pigs shall be a11.not waknmfaoture.,, oelA rer4iaeis: any:-,'go.odo,,or` or permit any liusihe.o- not etirky on or permit an holeaome or offensive to LEMMY RV1 "JACfOFW ;sept those ereotedl t+ rain. .Mowed whioh Ai`e I run with the Ira, executors 'and e part*ee of the the reservations it. and return COntract deposit to Purchaser and/ aithas pnsti• alit,ll / hsve any. eurther li4hility to the other. puz •baser, howev; �'L . 'v�lail have tale right tCr rllect LO `}1'QCf:frl ,rl Fit rhe• i:.r, r• r / SELLER: PURCHASER: DATE; PREMISES: ICER TO CONTRACT OF BRIAN J. WARREN as EXECUTOR OF T. WARREN LAWRENCE KELLY and SHERRI KELI ro , 1999 500 Deep Hold'Drive, Mattituck, NY 115 ESTATE OF MILDRED , his wife. 1. Sellers shall afford Purchaser the right to inspect the', remises at a mutually convenient time, within 48 hours prior to the closing date. � 2. The submission of this contract shall not constitute sh offer by Seller to execute acnd exchange the same- with Purchaser, and is made subject to Se ler's acceptance and execution thereof, and Seller; is in no way bound under,this conti act until they have been executed by the Seller. 3. Wherever the provisions of this rider are in conflict: r may be construed to be -in conflict with the terms of the proposed Contract of Sale, the terits of this rider shall coptrol. 4. Purchaser shall have the right to have the premises i pected for the purpose of determining the existence of termite or other wood -destroying im ect infestation or termite damage, the cost of said inspection shall be borne by the Purch3ser. In the event termite or other wood -destroying inset infestation or damage is found, a copy of the report issued by the termite company or oth r written notice shall be served Y Y dace upon the Seller's attorney within 10 days from the IV 1999. • Upon -1- receipt of such notice by the Seller's attorney, the Seller may do r ne of the following: (a) treat the termite or. wood -destroying insect condition or damage, if a%, at their own cost and expense, in which event the ]Purchaser agrees to consummate this transaction pursuant to the further, terms hereof; or (b) terminate this contract by refunding t e down payment sums paid hereunder by the Purchaser. Notice of Seller's intent to exercise ither option shall be served upon the Purchaser's attorney. In the event the Purchaser shall be deemed to have waived the provisions of this rider and this contract shall remain in full force and effect, anyth.�g to the contrary herein notwithstanding, it is agreed that in the event termite or other wo,Od-destroying insect activity - is present, Purchaser may waive their rights under this clause and agree to close. title despite the termite condition, in which case, the Seller may not cancel the s contract. 5. At or prior to closing of title, Seller shall deliver to be, Purchaser a Certificate of Occupancy and/or Certificate of Completion or Utter of Pre-Fxi; ting use for premises as they presently exist. In no event, however, shall the Seller be requirei� to bring variance or change of zone proceedings, or to expend more money than is required a fees for the issuance of building permits, fire, underwriters certificates, or certificates of Dccupancy, if same may be necessary to secure any of said certificates or letter. In the event;Isame cannot be obtained by the Seller without bringing said proceedings, the Seller shall hawthe option to cancel this contract and return contract deposit to Purchaser and neither part shall have any further liability to the other. Purchaser, however, shall have the right to elect to proceed with the purchase regardless of the production of said certificates. In the rther even said certificates cannot be obtained by closing for any reason (including no CIO # r garage), the Seller reserves -2- the right to close and .establish an escrow sufficient to obtain saididocuments. 6. Purchaser shall provide Seller's attorney with a cope► of their mortgage commitment within five (5) days of their receiving same. 7. This contract is contingent upon a risk assessment oil inspection of the property for the presence of lead-based paint and/or lead based paint hazar Is at the Purchaser's expense within 10 days of the contract date. (Intact lead-based paint that : s in good condition is not necessarily a hazard. See the EPA pamphlet "Protect Your Family from Lead In Your Home" for more information.) This contingency will terminate at the ab(�ve predetermined deadline unless the Purchaser (or Purchaser's Agent) delivers to the Seller' (or the Seller's Agent) a written contract addendum listing the specific existing de-ficiencies and corrections needed, together with a copy of the inspection and/or risk assessment 5 de ys after delivery of the addendum, elect in writing whether to correct the condition(s) pri 3r to closing or settlement. If the Seller will correct the condition, the Seller shall furnish the Purchaser with certification from a risk assessor or inspector demonstrating that the conditionlhas been remedied before the date- of closing or settlement. If the Seller does not elect to make,the repairs, or if tate Seller makes a counteroffer, the Purchaser shall have 5 days to respond o the counteroffer, or remove this contingency and take the property in "as-is"condition or this contract shall become null and void. The Purchaser may remove this contingency at an time. B. Ths contract is not conditioned upon the Purchasers' selling any house, condominium, cooperative or realty and any commitment which ray be conditioned upon same shall be considered an unconditional firm mortgage 9. This contract may not be assigned without the writtei consent of Seller. -3- 10. In the event closing of title takes place other than in the County of New York, 9)!Ki Bronx, Brooklyn, Queens, Staten Island, Westchester or Nassau, Purchaser shall pay Seller's attorney, MALCOLM S. BABEL, $350.00 at the Closing. 11. Purchasers shall execute and sign three contracts of sale., BRIkkN J. W MN as Executor of the Estate of MIL RED T. WARREN (Seller) LAWRENCE -KELLY Y v4. 5 �!Il)l 4 _ L e7cn a _ CERTIFICATE OF File No. 122P97 LETTERS TESTAMENTARY P 232 SURROGATE'S COURT SUFFOLK COUNTY The People of the State of New York To All to Whom These Presents Shall Come, or May Concern, Greeting: IT IS HEREBY CERTIFIED that on May 23, 1997, Letters Testamentary of the Last Will of MILDRED I. WARREN, deceased, late of Suffolk County, New York, were duly issued by the Surrogate's Court of Suffolk County to BRIAN J. WARREN, the Executor(s) in said will named, and that the same are still valid and in full force. IN TESTIMONY WHEREOF this certificate is issued under the seal of the Court. WITNESS, HON. A. GAIL PRUDENTI, Surrogate, at Riverhead, in Suffolk County, New York on May 23, 1997. SEAL MICHAEL CIPOLLINO Chief Clerk of the Surrogate's Court 33-107—SM —SM NEW SUFFOL K A NIOI EVEL YN P. rt&WC##AAfo S a7' IL:::-, 0 SURVEY OF PROPER T Y A T MA TTITUCK Z�! C-, TOWN OF SOUTHOLD `SUFFOLK COUNTY, N. Y t7Y;� 1000 - 115 - 12 - 06 Scale 7" = 30" July 5, 1990 --------- 240.28' o 4j u COMB All PA)v Lv.*, -?V.4 E. q31 r ertwrrauK mmor as Y ar 91 ow L 20" CERrrm 110 COMIMON4SUM LAAV WU ft"A=f COMPANY EUACMAN AAIEW=N ELAN AMLORW E WASOMI 6 LIC NO. 48619 ao v ~.. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR, OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFXCE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 15, 1999- RE: 999 RE: Zoning Appeal No. 4756 - Brian Warren Town Ball, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-6145 Telephone (516) 765-1800 Transmitted herewith is Zoning Board Of Appeals Application 4756 - Brian Warren. Also include are, Applicant Transactional Disclosure Form, Notice Of Disapproval, Application For Building Permit, Certificate Of Letters Testamentary, copy of Property Record Card, Survey, Plans and photographs. E kjo/ Ud/ I tiji L--,: DO I loujij 1 /0 -CERTIFICATE OF LETTERS TEgTAMENTRRY Iii b 13AbLL SUEZROGATE'S COURT i SUFFOLK COU The People of the State of New Yo To. All to Whom These Presents Shall Come, or May le No. 122P97 109230 rn, Greeting, FIAUL I - IT IS HEREBY CERTIFIED that on May 23, 1997, Letters - Testamentary -of the Last Will of MILDRED " 1. WARREN, deceaAed, late of Suffolk County, Now York, were duly Issued by the surt6q&tn's Court of Suffolk County to BRIAN J. WARREN,. the Executor(s) In said will named, and 'that the same are Still valid and in full force. IN TESTIMONY WHEREOF this certificate is Issued under the seal of the,Court. WITNESS, HON. A. GAIL PRUDENTI, Surrogatel at Riverhead, In Suffolk County, New York on May 23, 1997. P�fm N MICHpipTCHAZ X1POLLIN0 Surrogate's Court Chief Clerk of th"I 00 33-107.-V43 All - '� i�•i (<I 4�: of . A,µ 36 r fir �� _r►� AM .- Ik I .;I V. r. turi.i�:nn t TRANSACTIONAL DISCLOSURrs ;iRH The Town of Southold's Code of Ethics prohibits conflicts interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: BAIAN 0qRRF-r1j (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe i -n the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this '115 day of 199] Signature ^,f Print name 9PUAM lav Ee��td NEW SUFFOLK A VENUE N/O/ EVELYN P. TWCWAAfo Lu U 1� �oxArr 111 ®PA n st c � / nwr rl[LK RAW m SUR VE Y OF Pio OPER T Y A T MA TTI TUCK TOWN OF SOUTHOLD IP ®Rt p• W ypN uj w 0 V P � a 115 - 12 - 06 Scale T" = 30' July 5, 1990 • 240.2®- g AWNKT Af71'C�AY a 1.� 3 � O W N/OJF n +,j M b sy m SUR VE Y OF Pio OPER T Y A T MA TTI TUCK TOWN OF SOUTHOLD IP ®Rt p• W ypN bUFFOu% COUNTY, N. Y P 1000 - 115 - 12 - 06 Scale T" = 30' July 5, 1990 • 240.2®- g AWNKT Af71'C�AY 3 � O W CER WiED I'D r W ® COA IMWEALTH LAAV TALE A"AACE COMPANY ELROePEAN AAggbCAN SANK M[�IIEEm ! WAJIR6V Seo ice, to LIC. NO. /661 Updated io //,; 1 /q,7 FOR BOARD AND STAFF USE New Information F s 6a h5o, S1fi&-Y#A0 NOTICENOTICE OF HEARING •a publichearing be d by SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. LOU -DIS] Thurg.) ocr, 10, /9q9 If • have 1 interest project, • are invited to view the • which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. I' OFFICE OF ZONING BOARD ®F APPEALS 5.3095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 September 22, 1999 Re: Chapter 58 — Public Notice for Thursday, October 14, 1999 Hearing Dear Applicants: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the new location with the setbacks and use noted. Send this Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, as soon as possible, with a copy of the map to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. Please submit your Affidavit of Mailing to us by the Friday before the hearing date, with the post office receipts postmarked. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. You must post the enclosed sign no later than 10/7/99. Post the sign facing the street, no more than 10 feet from your front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, should remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting to us for the permanent file. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to cancel your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office Enclosures NOTICE OF PUBLIC HEARING THURSDAY, OCTOBER 14, 1999 SOUTHOLD TOWN BOARD OF APPEALS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, NY 11971, on THURSDAY, OCTOBER 14, 1999 at the time noted below (or as soon thereafter is possible): 7:15 p.m. Appl. No. 4756 - BRIAN WARREN. Based upon a Notice of Disapproval dated July 28, 1999, a Variance is requested under Article III, Section 100-33 for an as -built accessory garage located in a side yard at 500 Deep Hole Drive, Mattituck, NY; County Parcel No. 1000-115-12-6. The Board of Appeals will at same time and place hear any and all persons or representatives desiring to be heard in the above applications or to submit written statements before the hearing is concluded. 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: September 22, 1999. SOUTHOLD TOWN BOARD OF APPEALS ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK x Yka the Matter of the Application of WAPaa� (Names of Applicants) Parcel ID #1000- 1 IS - S I - 6 -------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS residing at 39101 5tw.T-vt- 371 LjZ��3 New York, being duly sworn, depose and say that: On the day of 9Cfcl, I personally mailed at the United States Post Office in S EA F - DRO , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shownon a current assessment roll verified from the official records on file with the (- Assessors, or () County Real Property Office , for every property which abuts and is across a public or private stree r vehicular right-of-way of record, surrounding the applicant's property. t (signature) Sworn to beforenye thin day of19 UaLro ��6M (Notary Public)ou„IY °r sia� i y . epi. 30, 4 PLEASE list, on the back of this Affidai,it or on a sheet of palmr, the lot numbers next -to the owner names and addresses for which notices were mailed Thank you. =�0Plf - t(5--�'�'. ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK In the Matter of the Application of AFFIDAVIT OF (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000 - COUNTY OF SUFFOLK) STATE OF NEW YORK) I, residing at 3920 OU T -IA New York, being duly sworn, depose and say that: On the 15 day of Sr P ,19=V � 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 re ed in place for- seven days prior to t4 dqte of the subject hearing date, which h ng da was s own to be r (Signature) Sw rn to before me this day of CZ , 19:'' �p��p�gpaa �r X73_ ry� �C ° ti%lfj �FC°lCa.yFe �e 9tg4t (Notary Public *near the entrance or driveway entrance of my property, as the area most visible to passersby. I OUT"