Loading...
HomeMy WebLinkAbout4377 ~G~.PtL/S ~AU/HLC- / 13/ 33go c -rlLGxJ T~t° AVE C1~TC/fcsCstzG /r/•/5 1 _k4AtV&;e GZV-4 J cxrt oP H PP 1=~ s9 ~c~ tLH tgr~et5 F/ .ee t t=~E7z.VT -/?dli--/BAS 9" G'1°sC~ili (A -{tc E O~ SISFFO(,~Co APPEALS BOARD MEMBERS G` Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. No. 4377 ACTION OF THE BOARD OF APPEALS DATE OF ACTION: May 29, 1996 APPLICANT: DANIELE DUPUIS. LOCATION OF PROPERTY: 3380 Stillwater Avenue, Cutchogue. COUNTY TAX MAP DISTRICT 1000, SECTION 137, BLOCK 1, LOT 15 (adj. 14). APPLICABLE PROVISIONS OF ZONING CODE: Article 11, Section 100-26. BASIS OF REQUEST: Consideration of a nonconforming lot improved with a barn building, which land area will contain a total lot area of 150' wide by 190+- feet, or 28,500+- sf. Applicant owns two nonconforming (adjoining) lots held in common ownership for a period of time from 1983 (and earlier) to tho present time, when combined total 57,500+- sf in this R-40 Zone District. Reasons for Denial of Waiver: 1. Adequate proof was not submitted to show intent to build a single-family dwelling prior to the enactment of one-acre zoning in 1971, and failure. Separate tax bills for 28+- years, and separate purchase dates (two deeds) prior to 1971 arc not sufficient proof. MOTION MADE BY Lydia Tortora SECONDED BY Robert A. Villa ACTION/RESOLUTION ADOPTED: Denied (without prejudice to apply for area variances which are different standards and criteria). VO'T'E OF TILE BOARD: Ayes: Serge J. Doyen Lydia A. Tortora Robert A. Villa Gerard P. Goehringer Nay: James Dinizio, Jr. (felt application should be approved based upon belief by former assessors and other departments and agencies. County Tax Parcel System also shows this as a separate building lot created prior to 1977 which is also considered by the County Health Department when granting an "exemption" or "grandfathered" lot.) This resolution was-di,4adnp1ijd_t4_1 ~i T ZBA:lk j. 1D,13 -GE ARD P. GOEHRING , CHAT N ) APPEALS BOARD MEMBERS c Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. ,y s P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Totora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MAY 1, 1996, commencing at the times specified below: 7:30 p.m. Appl. #4374 - FRANK AND LOUISE PALUMBO. This is an application under the Southold Town Zoning Code Article XXIV, Section 100-244 as amended 11-28-95 (which removed former subsection C thereof pertaining to former code setbacks for former subdivisions), for a variance based upon the issuance of the Building Inspector's March 22, 1996 Notice of Disapproval to construct a new dwelling with insufficient side yard setbacks. Location of Property: 3200 Sound Drive, Eastern Shores Subdivision Lot #108, Greenport, NY; County Tax Map Parcel No. 1000- 33-1-7. The requirements are for total side yards of 15 and 20, with a total of 35 feet on this 27,400 sf. parcel. 7:35 p.m. Appl. #4375 - BRUNO AND FELICE SEMON. This is an application for a variance under Article XXIV, Section 100-244B of the Southold Town Zoning Code, based upon the issuance of the Building Inspector's Notice of Disapproval dated March 22, 1996 regarding a permit to construct addition to existing dwelling with insufficient front yard setbacks. The present code :requires 40 ft. for both front yards. r Page 2 - Legal Notice Regular Meeting of May 1, 1996 Southold Town Board of Appeals Location of Property: 3665 Parkview Lane, Orient, NY; County Tax Map Parcel No. 1000-15-1-35. Green Acres Subdivision Lot #7 containing 22,0000+- sf. 7:45 p.m. Appl. #4378 - JOSEPH CORRETTI. This is an application for a variance under the Southold Town Zoning Code, Article XXIV, Section 100-244B for permission to reduce front and rear yard setbacks for a new dwelling on which was deemed to have more than one front yard. The code requires a 40 ft. front, 50 ft. rear, and 15 and 20 side yard setbacks on this 21,200+- sf parcel located at 2285 Westview Drive, Mattituck, NY; County Tax Map Parcel. No. 1000-107-7-1.1. 7:50 p.m. Appl. #4377 - DANIELE DUPUIS. This is an application request- ing a Waiver under Section 100-26 of the Zoning Ordinance, based upon the Building Inspector's March 21, 1996 Notice of Disapproval, in which applicant was denied a building permit to construct a one-family dwelling. Under Article II, Section 100-25A enacted 1/1/96, the subject lot is substandard in size and has been held in common ownership with an i~3~ Eck adjoining lot, 1000-137-1-14, referred to as M.S. Hand Combined Lots ft 0l',' (improved with a single-family dwelling). Applicant alternatively will provide a more equal lot size by enlarging the dwelling lot (adding M.S. Hand Lot #105 to the lot now consisting of #~64 ~rd-#303 ~ The subject property for which a waiver is requested is identified as County Tax ' Map Parcel No. 1000-137-1-15, located along Stillwater Avenue, Cutchogue. NY; also referred to as M.S. Hand Combined Lot Nos. 103 and 104. Zone District: R-40 Residential. 7:55 p.m. Appi. #4376 SCOTT A. RUSSELL & ANO. This is an application requesting a Waiver under Section 100-26 of the Zoning Page 3 - Legal Notice Regular Meeting of May 1, 1996 Southold Town. Board of Appeals ordinance, based upon the Building Inspector's March 14, 1996 Notice of Disapproval, in which applicant was denied a building permit to construct a one-family dwelling. Under Article II, Section 100-25A enacted 1/1/96, the subject lot 1000-136-1-19 is substandard in size, is referred to as Eugene Heights Lots 78 & 79 fronting along Oak Street, and has been held in common ownership after 1983 with an adjoining lot, 1000-136-1-29, referred to as Eugene Heights Lots #111 and 4112 fronting along Harbor Lane, at Cutchogue, NY. The total combined lot area is less than 40,000 sf and less than 150 lot width. Zone District: R-40. 8:05 p.m. Appl. #4373 - RONALD J. MAYER. This is an application for a variance based upon the Building Inspector's March 19, 1996 Notice of Disapproval issued under Article IIIA, Section 100-30A.2 whereby applicant applied for a building permit for permission to convert existing separate building for one-family dwelling occupancy, and/or to create a separate parcel containing less than the required lot area, width and depth in this R-40 Zone District. Building permit #125542 issued 8/27/83 indicates the building inspector granted permission "to construct two-story non-habitable accessory building." Location of Property: 7735 Main Road, East Marion, County Tax Map Parcel 1000-31-2-26, a corner lot, containing a total area as exists of 25,210 square feet. Additionally, the building as exists will not conform to yard setbacks for a principal dwelling and additional variances are necessary for approval as a principal dwelling conversion. 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. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the times designated, and are in addition to other hearings. It is recommended that the file(s) be reviewed before the scheduled date of the hearing for updates Page 4 - Legal Notice Regular Meeting of May 1, 1996 Southold Town Board of Appeals or new information. If you have questions, please also do not hesitate to call 765-1809. Dated: April 15, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x r, HDAUD OF! I FWA11 . , , Q,'..^ ~ roRfl No. I 7~ ZlS ntr PLANS TOWN OF SOU'fIIOLO:. SURVEY i E G I' ) UILDING ULPAR'1'llgwr CHECK o,TOWN HALL SEPTIC PORN S(lil'1'lIO1.D, N.Y. 11971 _ 1 a~ "XI DG. DEPT ; TEL: 765-1002 NOTIFY: Tr.'ftrl3 fl'. 013T, itit11.r CALL Isx:miaxal.~ I MAI I. TO Allmoved 19.... Permil.lkr. Disapproved a/c A?. 7,01...... (IAuilding Inspector) APPLICATION 17011 BUILDING PERMIT Da t e 1916 INSTRUCTIONS n. Ibis application aunt be rctmiilelely filled in by typewriter or in ink arxl sulxsitLerl to the Boildin0 Inspector with J sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan allowing location of lot and of buildings of premises, relationship to adjoining premises or 1xiblic streets or areas, nail giving, a detailed description of laycot of InroperLy oust lie drawn co the dingrrn which is part: of this application. c. Ibe work. ccrvered by this apgdication pary ixrt he camenx:ed before isscnx:e or. Ihuikling Permit. d. Upon approval. of this application, the Hoilding Inspector will issue a Building Permit to the applicant. Such 1,ennit shall Ise kept on the premises available for inspection thmoghart the work. e. No building shall be oc-cupieal or aced in whole or in Ixnrt for any iotpore wAstlever until a Certificnfe of Occopsxy shall have been granted by the Doilding Inspector. APPLICATION IS I1,,REBY IWF' to the Building Departur_nt for We isstmrce of a Hoilding Permit p.arst.mnt to the Building 7csre ordinance of the Town of Sxulhold, Suffolk Ornmty, New York, saxl other npgilicable laws, Onliavancen or Oegulathstal, for the ccrostruc:tiat of buildings, miditions or alterations, or for retarval or denulition, as herein dcvcrib<sL Ilse applicant agrees to cagily with till nijAicable laws, ordinances, building cotle, loosing cwie, col regillatioaa, aol to ocinit ouruorized inspection on promises nol in hoildiog for necessary insuectic 1, (.lSlm"t.ure of applicant, or n-ane, if a corlxrcation) 1) P..3-,5A..C-UT(. 110CN..i1B Y (Hailing, .xklress of applicant:) ) 03V State whelber applicant is caner, lessee, agent, urchilect, engineer, general contrac Lor, electrician, pluai> r or builder.. N:rae of caner of promises P.0.1 J (as an We Lax roll or latest deed) If nITI iennt is it corioration, slylature of duly auflun-ized officer. (Name aol Little of corporate officer) Builders License Ito. L.,:C..\ Pludmrs License No. Electricians License No. Otber Traxle'a License No . I. Location of larxi on which pruiused work will be rkme.UTC.11.0611JR-Al FFOL"r. ...AY./........ . : s.r.iu UJI, .r...~2:...A.U Ikuse Number Street Hamlet (kunl y Tax Mripp No./ I000 6ecL ion ......1.1..'' Block -I ..........Olot p Salxlivisirxn !lS lIAN.0 ..M p.(`S'. s.];;I,.J(().n. Filed It-if) Ho. y7.G1-... Lot ....I PAf.I.~~~ 2. Stake exisl:ing wire awl oecvpancy of premises awl inleaxlecl use arxl occupancy of proposed construction: a. Existing tire awl o_catancy G.fc;°.-~;.E 11 0 S no0Q 11 b. Inteaxled ase soil occ bank: /Zi ly,y' e sa t, e A s e- N07 G 11 110 O to N l 3 - I 117 . I RdtHe of lxuk (clock %Athh ulgdi _Au); Ma, Ikli ldinll Akiit1ou Alternt Lou 14elnir Itrrnow"I Dellel It. loo Other Milk } (Desc l I In. Ira) 4. fstiHnled (last: SIP... 20 i O.CZd a:.... fee' (lo Ile paid on filing this appilcotlon) 'i. If cker.lling, miller of dwelling units unher of AvIling units on ench floor If gunuge, mid er of cars fi. If Ixmiinsn, etiloercial or adxed a:culeuny, slecify naluro mxl extent of each Lyle of use I. ?iuenniono of existing ntnnchnea, if any: AM Harr Depth Ikefight lAulnr of SLorien Uiummionki of sure structure with alleraLl ns or ad,11tions: FrouC Ilear Ilignh Height 1l ilber of Slorieo 11. ninnusilns of entire ne%4 construction; Frog (tear Depth Ik;illht IArder of Stories 9.. Size of Lou Front 14e1r Depth 4,010 .....,Rv.. ~.t!A!~!I~~l~ Oan 1~1 apb6 I(1. ILrte of Ilu~chuae Ilene if Forunr (ka,r It. Zone or use district In which pranisen are aiumted 12. Iktes pntlxwal adrntrucclon violate any son(ng Ilo,.ordiuance or regulation: I:1. 17111 lot he r'egnek:d UHL excess fill he ionoved Cron praninea: YES M) M. linked of Ornler of pranises Mklress llnxle Ike. Ikue of Architect Address puttee tic. Wile of Ccnl.ractor Aklress Mole Ito. 15. 1s this lroleerty within '100 feet of a tidal Wetlnnell * YE.S M) *1F YES, "1111AD IDIM'IMS'11 3 MEMO I' HAY ICE WUjJlWEI). PLOP HIACIIAII locuke clearly am[ distinctly all InlldLgis, %Arether existing or prolosed, end Indicate all set-back disens(nna flare prblierty likes. Cive~,xtreet and block uillnr or description according. to deed, and Minor street tunes Hod ilxlicate IAeether interior or corner lot. ytI / SI'AII? OF lilt YORK, (Milly OF ~.(V.I.t.L V, P-v j,,S huiug duly luurn, delnsea and Hays that be is link appliculit, (Woe of individual, signing contract) VIII! is the (Cuntnic(ur, aged:, corloraLe officer, etc.) of raid onnxer or own a, mxI in duly authorized to lerlonn or 1mve IH;r11MU"I the said Mnlc and to unlue wd file thin HllllcnLnnlj (.hill: nil. ntatenentle contained in thin "Wdialllon are Ill, l0 lire bald: of hill leenllellge and lieliel'i find IIHIL (he Milk Will le l,rfoured ill Lie naulker Hell fortdl in ti, upplicaLion filed lhelewith. tkxun to before He tMs day o. ..Il..l.% lktl.ary fluidic /a ).G-"~ ROBERT 1. SCOTT. J (S?i ituature of ANd icuut) NOTARY PUBLIC, Sta of N.Y- No. 4725089, Suff 1 k Cou{pt~, Term Expires M 31, 19Yb APPL/'ATION FOR WAIVER UNDER SE ION 100-2 6 83"77 This review is for lots which have separate deeds recorded prior to 1983 and undersized. A merger determination has been issued by the Town Building Inspector (copy attached The zoning of my parcel is presently: 0 t ~ ~f 2 b (i 60 0 The size requirement for this zone is: C2 square feet per parcel. County Tax Map Parcel Nos: 1000 - - I (we), Z)19 IfC- L6 QL`pLI1`5 , 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. f 2. Copies of deeds dated prior to June 30, 1983 for all lots. 3. Copies of current deeds of the parcels under review. fj 4. Copy of the current County Tax Map for my neighborhood. 5. $150.00 application check which is not refundable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver. (Applicant an-d Owner (Applicant and Owner) Sworn to befAr me this 4o. t,, day f 199 6. ROBERT I. SCOTT, JfL No t ar P 1 i c NOTARY PUBLIC. State of N.Y. No. 4725089. Suffolk Cour% Terre Expires May 31. 19-46 A Waiver is hereby Approved denied (delete appropriate. action) based upon the above documentation. Issued by Reasons for ap.plication(to continue on next page). zbata.w1295 ° H 13 cl°clOCl'v r s ° a N - I rn ° I° m y o 0 0 o r o ~ ~ I a - 40 m U) Q ro, D !oI ' yZ ~ Iv: AC r- 0 (D ! TK A ZI v o ~ z r ! i n I I 4 I i i i ! nY o ? Q 1 i I ! K j I 13! 3 j 3 I I~ 1 ! IN ~~-!1 :fu w j x i ~ 1 ;x lx x'x I I I I I i„ I li , i ~c I 1 I 1 LIN } ~ I O j ' j~ G i 3 ~ 1 N y ! O D p m OT _ I 3 I _ ' I~~ ~ ~ I i l l y nr l I l l ~ l j l ° I°! j I I I it I ! 1 I Imo i I I. i I. i ~ I i I I i I Y 0 0 1 0' 0 3 o l T I I I I 3 i o T! o o g ~ j~:l I i . I I I I it i_ C T m I T T T O O ~ W I } l i t\~ i l i 1 I la~ ~ ~ I~ I I I I; I j I i I . l I- iz'I~ , I, I I l l l i l i l' I f I ~ A i ~ ~ I I - I I I I ~ I I ! I i Iljh ;zr s °c , c o- I I ~ r q cn ~ p ~ G D o l 3 a m C . - Z i a w 4 3 m p ! j T t, I ~ I I I Q ~ Z \ t cn O C 4 r ~ i m m ~ D I j i Z I C7 3: I I I I i jD~ I I ~ ~ l I m~ ~ n of O r p O O I o\ m Z Z j fU~ W Q i Its it ~ 1N 0 ti~ - a 1 A 1 O 1 r) ~ I t L- i I I i ! I I I I i m ~ 1, \ I I i ~ - I _ I i I N I ~ n i ! e i I I T ~ I ! I I I 14 ~ I ! ! i i ~ i I fem. ~ i I ! i i \ ' ' I I I !~I I I i! I' I i I ~I T i R'1 I mo' . o o I I= 1° ~ ( ~ i ' 'II ' ~ ~ 3 0 ' i m; N t ~ C I I ' I I I I i ' I I ! i D I O i ~ ! ~ i ! I I I I I I I ~ ~ i 3 i i ' I I I i ! I I I I I I I I I' I~ I 't 'i I i I I I i I I I ~ I j I I I C IW I. ~ I i' 1' i i 1 ! v I i I ! 1 ~ I I I f o l o- a. I T i m I o l o ~ i ~ L,.,^~y I~ I I o ~ w S I I- i i ~ I I i I I- i I C 'N" I m I I I I I I ~ I I O O ~ I l S I ! ~ i I I I I I I ~ I I I I I I ! I I I I J I I~ I I C I I; ~`'~I I ! 1 1 1 1 I i l I C I j= I I f I ~h I i I I I_ I I i I ( I ( ~ I~ I!~ l i l i i I I I I I! j 1 i I! 'II!l t O m0:3 J 3: zxF ;NO •~t.42°504Ci"YJ, {5t?.4~,: - 7T7T71 nI iil; srt~a .1,75 36 t 130ti5~ 4' i - ; Cal w w 'El ! V1{C7 ° ST3 Ll zn/igT ER AllS N f I T fU r C C t ~p m i a !I_ o ad i { T i G ~ tt} ~ iT.T 71 •.Il~.~,3.}t~~ +T xP c~{ 4, v .1% ni O - APPEALS BOARD MEMBERS Gy< Southold Town Hall Gerard P. Goehringer, Chairman W 53095 Main Road Serge Doyen, Jr,"S hrVin, ~.a wr u t 0 • P.O. Box 1179 James Dinizio, Jr. W10, Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Prepared 4/17 AGENDA Changes and Update 4/29 REGULAR MEETING Update by Chairman 5/1 WEDNESDAY, MAY 1, 1996 I. RESOLUTION under NYS Environmental Quality Review Act to confirm 1 Type II actions under the State SEQRA list regarding tonight's applications h/ pertaining to building setbacks, waivers under 100-26, applications involving accessory uses and residential construction, lot line applica- tions, etc. in residential zones. (No further procedure under SEQRA). 11. PUBLIC HEARINGS: 7:' p.m. Appl. #4374 - Patricia C. Moore as attorney for FRANK AND y LOUISE PALUMBO. This is an application under the Southold Town Zoning y Code Article XXIV, Section 100-244 as amended 11-28-95 (which removed former subsection C thereof pertaining to former code setbacks for former rtf subdivisions) , for a variance based upon the issuance of the Building Inspector's March 22, 1996 Notice of Disapproval to construct a new dwelling ( 1f1~ with insufficient side yard setbacks. Location of Property: 3200 Sound `f 1 y~ Drive, Eastern Shores Subdivision Lot #108, Greenport, NY; County Tax Map Parcel No. 1000-33-1-7. The requirements are for total side yards of 15 and 20, or greater, and with a total of 35 feet on this 27,400 sf. parcel. Patricia. Moore as attorney. PO 'PONEMENT REQU TED BY APPLICANTS: 1' i3 m. Appl. 4375 - BRUNO AND FELICE SEMON. This is an ~ppi-cati for variance under Article XXIV, Section 100-244B of the ~v Southold Zoning Code, based upon the issuance of the Building Ip I ~o Slnspector's o 'ce of Disapproval dated March 22, 1996 regarding a permit to construe additr to existing dwelling with insufficient front yard (y ' setba s. The pre t code requires 40 ft. for both front yards. Loc ion of Property: 65 Parkview Lane, Orient, NY; County Tax Map 0'0 ` P eel No. 1000-15-1-35. Green Acres Subdivision Lot #7 - 22,0000+- sf. 7:45 "p.m. Appl. #4378 - JOSEPH CORRETTI. This is an application for a variance under the Southold Town Zoning Code, Article XXIV, Section p~y'tI'~• X700-244B for permission to reduce front and rear yard setbacks for a new f~Y dwelling on which was deemed to have more than one front yard. The code requires a 40 ft. front, 50 ft. rear, and 15 and 20 side yard setbacks on this 21,200+- sf parcel located at 2285 Westview Drive, Mattituck, NY; County Taff Map Parcel No. 1000-107-7-1.1. Appl. #4377 - DANA?LE DUPUIS. This is an application request- w Y ng a Waiver under Section 100-26 of the Zoning Ordinance based upon the R l 999fff 3uilding Inspector's March 21, 1996 Notice of Disapproval, in which x, ~ y,~ Page 2 - Agenda Regular Meeting of May 1, 1996 Southold Town Board of Appeals applicant was denied a building permit to construct a one-family dwelling. G Under Article II, Section 100-25A enacted 1/1/96, the subject lot is substandard in size and has been held in common ownership with an adjoining lot, 1000-137-1-14, referred to as M.S. Hand Combined Lots #103 tl _o? and #104 (improved with a single-family dwelling). Applicant alternatively 4 will provide a more equal lot size by enlarging the dwelling lot (adding M.S. Hand Lot #105 to the above-noted lot now consisting of #104 and #103.) 7 The subject property for which a waiver is requested is identified as County ~?~~Tax Map Parcel No. 1000-137-1-15, located along Stillwater Avenue, Cutchogue, NY; also referred to as M.S. Hand Combined Lot Nos. 105, 106, 107, 108. Zone District: R-40 Residential. ~ p.m. Appl. #4376 - SCOTT A. RUSSELL & ANO. This is an application requesting a Waiver under Section 100-26 of the Zoning Ordinance, based upon the Building Inspector's March 14, 1996 Notice of a~ Disapproval, in which applicant was denied a building permit to construct a l c\, one-family dwelling. Under Article II, Section 100-25A enacted 1/1/96, the subject lot 1000-136-1-19 is substandard in size, is referred to as Eugene YJja Heights Lots 78 & 79 fronting along Oak Street, and has been held in common ownership after 1983 with an adjoining lot, 1000-136-1-29, referred to as Eugene Heights Lots #111 and #112 fronting along Harbor Lane, at Cutchogue, NY. The total combined lot area is less than 40,000 sf and less k`•;rt.hau 150' lot width. Zate ct: R--10. 8:05 Jp.q 3~ Appl. 73 - Richard F. Lark, Esq. attorney for RONALD J. MAYER. T is an application for a variance based upon the Building w" Inspector' arch 19, 1996 Notice of Disapproval issued under Article IIIA, tF Sectioi 00-30, whereby applicant applied for a building permit for per sion to convert existing separate building for one-family dwelling o upancy, and/or to create a separate parcel containing less than the p~ y required lot area, width and depth in this R-40 Zone District. Building (~G ~X permit #12554Z issued 8/27/83 indicates the building inspector granted F pe.rmission "to construct two-story non-habitable • accessory building." Location of Property: 7735 Main Road, East Marion, County Tax Map Parcel 1000-31-2-26, a corner lot, containing a total area as exists of 25,210 square feet. Additionally, the building as exists will not conform to yard } ~y setbacks for a principal dwelling and additional variances are necessary for n approval as a principal dwelling conversion. Richard F. Lark as attorney. [I[. Other Resolutions or Updates: j A. Updates from Board Members -Committee Work Sessions. B. Next Committee Work Sessions: (None set as of 4/30 - also see daily calendar updates in board mail). (Also meeting time has not as yet been changed by P & Z as requested for scheduling after 6 p.m. for atteudauce by ZBA Members, instead of mid-afternoon). C. Resolution authorizing and directing advertisement of new applications filed before 5/9 which are deemed complete by office and which f~~ are setback or accessory building applications (Type II tinder SEQRA). Page 3 - Agenda Regular Meeting of May 1, 1996 Southold Town Board of Appeals rr it " ~V D. Reminder: Cross Sound Ferry Services, Inc. - Application is , o-l ow under review by Board Members_ Individual board member inspections \ follow; await results of preliminary conference with Planning Board (by applicant over the nest 2+- weeks). Nest step: Applicant files additional information with ZBA, and single map with requested info requested by Planning Board representatives. S~ Il E. DISCUSSION AND POSSIBLE RESOLUTION: Town Law allows six direct SE review and filing with ZBA without need for action by Building Inspector. Board to establish rules for filing under new Town Law V procedures and whether any change will be established by Board Resolution. (Note: Office personnel does not make decisions on SE or other jurisdictional matters for the Board of Appeals.) Town Law amendment is ay6 V attached for Members for discussion. F. Carryovers from prior discussions: (1) Aw d' ft roposals fro ual ZBA me r s for ZBA discussion and re lut sendi o Code Committee. Av (2) ffol Coun y Federa ril 30, L996 in Brent od. da e COUNTY OF SUFFOLK a ROBERr J. GAFFNEY SUFFOLK COUNT' EXECUTIVE STEP I. C. P. DEPARTMENT OF PLANNING D IAN June 24, 1996 " Town of Southold Zoning Board of Appeals Re: "Application of Danielle Dupuis", Town of Southold (#4377) Gentlemen: Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C:\WP W IN6MV4PDOCSIZONING\WORKING W ON-JURUUNaSD-4377. JUN 220 RABRO DRIVE ¦ P.O. BOX 6100 ¦ HAUPPAUGE, LONG ISLAND, NY 11788-0099 ¦ (516) 853-5190 ¦ FAX (516) 8534044 APPEALS BOARD MEMBERS ~$UFFO(,~c r Southold Town Hall Gerard P. Goehringer, Chairman c s 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa ~Ol ~a0 Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article X1V of the Suffolk County ara,inistrative Code, The Board of A=eals of the Town of Southold, New York, hereby refers the follcwing to the Suffolk County Planning Ccmaussicn: Variance from the Zoning Code, Article Section Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit XX Waiver Request Article II, Section 100-26 Appeal No:4377 Applicant: Danielle Dupuis Location of Affected Land: 3380 Stillwater Ave., Cutchogue, NY County Tax Map Item No.: 1000-137-1-15 (adj. 14) Within 500 feet of: Town or Village Boundary Line _yy 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 unmerge lot Conies of Town file and related documents enclosed for your review. Dated: June 20, 1996 ~~~g~FFO(~-C-__ APPEALS BOARD MEMBERS V'h`Z~ GGy?. o .4 Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road y Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. '~O! ire dap r Southold, New York 11971 Robert A. Villa ti Fax (516) 765-7823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 7, 1996 Mrs. Daniele DuPuis P.O. Box 382 Cutchogue, NY 11935 Re: Appl. No. 4377 - Lot Size Waiver Request under Section 100-26 Dear Mrs. DuPuis: Please find enclosed a copy of the determination rendered by the Board of Appeals at our May 29, 1996 Regular Meeting. Also, due to the proximity of this project within 500 feet of a waterway, State or County Road, we have transmitted copies of the variance file to the Suffolk County Department of Planning for their determination as required under the County's Administrative Code. It is expected that the County will pass further action over to the Town, accepting the ZBA's determination. If you have any questions, please feel free to call. Very truly yours, Linda Kowalski Enclosure Copies or Decision to: Building Department Suffolk County Planning Commission Imo"' 00~~ 1/' d 05/29/96 Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971- RE: Application to Waive Lot Merger Stillwater Avenue, Cutchogue Dear Board Members, We objected to the proposal before the Zoning Boards of Appeals for a waiver of merger by Daniele Dupuis as to the lots at Stillwater Avenue, Cutchogue. We thank you for permitting us additional time to consult a land use attorney, which we did, and to sub- mitting our objections in a formal manner. Please make a part of the record our continuing objection as follows: The applicant seeks approval to ostensibly un-merge lots in the R-40 Zoning Use District. In 1957 Henry R. Fournier, the applicant's father purchased a one-half acre lot and in 1966 he purchased a contiguous one acre parcel. The lots are shown on the attached map. The one-half acre parcel included a home and this was improved by Mr. Fournier in 1967 so that it extended onto a part of the contiguous acre. The applicant's father clearly joined the lots into one parcel by building on both, retaining them and using them as one [I] lot through nearly three decades. Presented to the Board is not a question of un-merging i.e. recognizing original lot lines, but of subdividing to create two lots. Essentially the applicant asks the Board to ignore her predecessors building on both lots aggregating them to one use , and seeks creation of a new two lot subdivision of three [3] filed map lots each. The justification offered for a division of three [3] filed map lots is the fact that the mortgage in 1967 covered three lots - not the two originally purchased. The suggestion is made that the applicant's parents may have intended a 3-lot divi- sion since the mortgage survey showed three [3] lots. This is pure BALONEY! The mortgage -bank, through a survey, determined the house was on three [3] filed map lots, not the two [2] lots constituting the original half acre, and added the third lot to the mortgage to protect itself and fully secure its interest irh-tbe event of a foreclosure. The inclusion of 3 lots was deliberate and reflected the • fact that the parcels were joined. In nearly 30 years the previous owners never manifested a separate use of the lots, and, to the contrary confirmed the merger into one parcel. The house was extended, a barn added and the entire parcel was fenced. This Board is being asked to assume a responsibility not given to it, and that is to subdivide a parcel in the R-40 District into two 2/3 acre lots. Once the applicant's predecessor in title treated the entire parcel as one by building upon the third filed map lot the parcel was confirmed as a single entity. It cannot be subdivided by the Zoning Board of Appeals. The Board's jurisdiction is limited by Town Code Section 100-26A to recognizing original lot lines. This is not a hardship situation where lots were merged as a result of a recent up- zoning. The lots were held as one parcel through two major Town Code Zoning revisions during the past twenty five [25] years. Hier, the applicants seeks nothing less than an economic windfall through a subdivision of two lots thereby producing a greater gain than one. All of this is being accomplished , we submit, through a manipulation of the facts and the law. We respectfully request that the Board not be a party to a subdivsion. Neither should this Board be persuaded by the economic hardship argument advanced by the applicant. Two lots invariably produce a higher sales price than one. As the Board is aware our name is on the contiguous parcel and if the subdivision is approved our loss is commenserate to any loss suffered by the applicant if the subdivision is not approved. We stand ready to offer and do offer to purchase the closest 50' lot to our home for $15,000 cash, which will lessen, if not altogether mitigate, the loss suffered by the applicant if the subdivision is not approved. Economic hardship goes in both directions and, under these circumstances cannot be a factor favoring the applicant. Finally the applicant is selling the Stillwater Avenue property and leaving the United States, to become a resident of Canada. The Board is under no obligation to pay her a bonus by allowing a subdivision while devaluing the properties of the residents and taxpayers who remain here. For the foregoing reasons we ask you to deny this application. Very truly yours, C fzabVail eth A. Vail W ` N , GIs E ?~b~t~ \ \ C 2 \ R \ M1 o~ \ p lk, v Y _ \ tP~ f V l ± \ S 1e, 8 q Q\ ~ O, I ` 4 r It. t _ &AUL J. HEFFERNAN office: 516-765-2700 • Licensed Real Estate Broker NORTH ROAD-ROUTE 48 SOUTHOLD, NEW YORK 11971 May 22, 1996 Southold Town Zoning Board of Appeals Southold Town Hall Main Road, Southold,NY 11971 Re: Waiver of Dupuis Application Berger Dear Board Members: On May 11, 1996, Mr.and Mrs.Carl Vail requested me to give an estimate of the value of their property located on the north side of Mrs.Dupuis' home. In addition,they asked that I place a fair market value on the same property as of May 11, 1996. As a Real Estate Broker, and having sold and appraised various types of properties in Eastern Suffolk County for the past 25 years, I feel that a fair market value of the land and improvements, as of this date,would be $225900. If the waiver of the merger takes place, in my opinion, the value of their property and home will diminish 108-158. This appraisal is made by me as a Real Estate Broker, having no interest in the property except to place a fair market value on it. I am in no way related to either Carl or Elizabeth Vail. Sincerely, Paul J. Heffernan o~ ~ - l/~1 ay Q6 ,°t6 p C.) t. vat Tow LA Q) LAJ L/ 'ly U o~- I U j Cu U Q_t 1"" 'L, P-" -2 ~L0 ~Q,., O~ WQ iLi e"tOLACJ G cj c,A~ I vd S Q k_& a pl C_ ui l 0--' i u ° c L, Q- C) ~ d u ~t-t o -PoQ.. _ j 17 Ylk-_J-~ C) Lj R--- t,4, S ~S i -2 Q e I>c IA~~U Dear Mr. Geohringer~~~ M2 9 When I first heard ditt 7AY Dup 1 g on dividing the property behind my house to provide for a building lot I was felt about it. On one hand I did not want what little view I have of the creek obstructed, but on the other hand I felt she should be entitled to do with her property what she wants. But then a complication arose. Ms. Dupuis is not just looking to establish, as fact, what she says has been written on paper in the town assessors office for years: that being that two buildable lots exist on her father's property. No, Ms. Dupuis is looking to relocate property lines to accommodate her efforts to liquidate her estate and maximize its value. There should be nothing wrong with that. I am looking to maximize the value of my investment in my house. But there is a crucial distinction. I am improving what is arguably the worst house in the neighborhood. My neighbor's are going to love me when I'm finished because their homes will be more valuable for my efforts. Ms. Dupuis, on the other hand, is clearly going to be cheapening one of the nicest parcels in the neighborhood, and when she's finished my neighbors and myself are going to suffer financially for her efforts. There is no way the development of that lot is not going to lower the value of my property, or my neighbor's or the Vails, which gets to the point of this letter. In addition to the lot line relocation, Ms. Dupuis is seeking a waiver of merger. Southold zoning law dictates such provisions are made based on four conditions: The waiver will not result in a significant increase in the density of the neighborhood; The waiver would recognize a lot that is consistent with the size of lots in that neighborhood; The waiver will avoid economic hardship; The natural details and character of the [neighborhood]? and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. Regarding the first two conditions, I think arguments can be made that Ms. Dupuis' undertaking violates them. But it is the third condition that I call your attention to. This waiver will not avoid economic hardship. The value of my property will be lower if you approve this application. The value of my neighbor's property will be lower if you approve this application. And the value of the Vail's property will be lower if you approve this application. I feel confident saying that, collectively, these losses will reach deep into five figures if you approve this application. I'm sure professional assessments can be made to back up with firm figures this assumption. Accordingly, if you disagree, you must allow me the chance to get those figures for you. Correspondingly, you must get firm figures from Ms. Dupuis stating any economic hardship she may suffer by your not granting her application. My guess is her loss does not approach that of the surrounding community. I feel uneasy about making this appeal. I don't even know Ms. Dupuis and in the one phone conversation I had with her I believe I wished her luck. But, upon reflection, I realize the application literally comes down to her making money at my expense and at the expense of my neighbors. To approve this application, in fact, creates an economic hardship for us, therefor failing the third test of the waiver of merger law. Thus, Ms. Dupuis' application, by town law, cannot be granted. Thank you for your time. Timothy Wacker Ii~Zt~ ~ ~G3ax ,~zSaL a 8, X996 r loo ca off/ r3c.Lp,~c.~ y'aa~ G7w~,~O c' ct~c~.-~.~.zy ~,y - G . c~co„ p~ Flu Q e~ cues /00 f Qua xr, ley /~lva ~ y~te ~o c ~oc~ ~ ~c.~e xe~-C-~-l' 2ne( ~ Ce, r~ oeiV ~h~a.<.!~ iLene.y~f ~ h~+-.fie %1u,l k 7 3 S(6- 73u- 3 c i,,u.o (v e c s9s /~~clc Der ybr. 1e> Qe Ice r) C h CGQ.®..W OL 00.QY A(e- W al / 7X.0 2 4h a, (e ! c, CU llk,c ~ lei one v~, R p ~ 19 q6 ~ r Y67Ct ~ / b FQ t2 I l L 0 !-.L 14- ~l.l ]ILA 1 ( (!0.u 4'it =t cz2a(V atl cuee~~pof P 61P Gt C'~ ( ) ( t?) Ito ~ IRJCP ~ 4LQ (Ott tom,,. fo. r Q 61 VC- all L S i'h ce,~Q~, , j 'P .264 040 167 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sam to Street d Number I Poet , Stye, d Z1P Code Postage $ Certified Fee / SpeoW Delivery Fee Resbimed Ddvery Fee N W Rehm RWW DoWing to Delivered 4toNtnm, M s Is orD ~ 0 P 03 44, a 3f1 )0 Slick postage stamps to article to cover First-Class postage, certified mail ha, and charges for any "Wed optional services (See front). 1. If you went this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service ^y window or hand it to your rural tamer (no extra charge). 2. If you do not wam this receipt postmarked, stick the gummed stub to the right of the return address of the article, dale, detach, and retain the receipt, and mail the article. C-C N 3. If you want a return receipt, write the writhed mail number and your name and address on a return receipt card, Form 3811, and attach a to the from of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse fmnt of snide NETU EDUESTED adjacent to the number. 'T J 4 Jf. *w**live restricted to the addressee, or to an authorized agent of the endorse FS ICTED DELIVERY on the from of the article. co , O 5., es fopga s s requested in the appropriate spices the from of this m Mile Rr nested, check the applicable blocks in item m 1 of Form 3811. ti this receipt and prjsent it if you make an inquiry. nce. Y . o~~gUFFO(~-co ~ APPEALS BOARD MEMBERS o° Southold Town Hall Gerard P. Goehringer, Chairman W T 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa ~zzz~ Fax (516) 765-1823 Lydia A.Tortora Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 20, 1996 Mr. and Mrs. Carl E. Vail 3240 Stillwater Avenue Cutchogue, NY 11935 Re: Appl. No. 4377 - Dupuis Application Dear Mr. and Mrs. Vail: This letter will confirm that the public hearing on the above matter will reconvene at 8:15 p.m. on Wednesday, May 29, 1996, at the Southold Town Hall, Main Road, Southold, New York. Very truly yours, ~(~t-c~LLJ O~.dc Linda Kowalski O~~gOf FO(~-~O APPEALS BOARD MEMBERS vZ` Gy Southold Town Hall Gerard P. Goehringer. Chairman T 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold. New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 20, 1996 Mrs. Daniele Dupuis 3580 Stillwater Avenue P.O. Box 382 Cutchogue, NY 11935 Re: Appl. No. 4377 - Waiver Request under 100-26 Dear Mrs. Dupuis: This letter will confirm that the public hearing regarding your application will reconvene at 8:15 p.m. on Wednesday, May 29, 1996, at the Southold Town Hall, Main Road, Southold, New York. Very truly / yours, nda Kowalski &Z- w I /a.. V4 _ _ _ L PN ~r o Sz to 79 SEPTIG TANKO 87 78 /46./4e.7a O- `T ZOO N. 4S• 17 20"E. N ® 8-6 w „ m 77 so -77M, /ri.2e /JJ.eJ U Zoe M ~ (n tiD ~ 76 a ~ 49 w N CBS ~ A -~'4 M ~ w Z s zoo ? C /61.60 /69.97 - 9' r oo H ?94 a 71 47 212 r 1 , y " ®a a3 o - s~ 73 46 4 n6. 9z ,e4./, 1q W e ~ O 7z m V 4dr N p ` d 82 V O ~i h m \ W 7I 44 ~ tzo \ /a 9.7.4 /9e.zr w jq/ 4 # 0 70 y /95.40 /9d'4o 43 P O ! , 40' 'Zo.w 80 y P 69 p h ti zes °S /09 o w RBsERVCO /92.14 / f2. 14 c D 4 67 190.57 14~ t, 19 .r/ /d7 ~r I DANfELE OIA pUI, I N. 45•17'Zq"6., ~tQ 0 66 /O6 I D ')t1Lt6vATL'(~ AvF, CU?CNO(lUE- ~ res.ea C I CTI~N "10 - 13}. - I -(5 py 65 ~ /ezzr /szrr I o ~ N WAIV~~ ,es.az eaf ~ I 63 0 b PRO PosEQ CH=E /eJ.9f 3 ~ A: x I PRRCLC. Cr M No 1000-137,- 1 - 14 = 0 6z o /,04 0 4 1 Jr 10436 N" IO I I f 0 /32.32 - 4PPfOx • (o(f 4<res W'I~ 6/ u /O/ o I 150 FT ON STILLWATEF., A'jF /ea73 /so.73 O " 60 /oy' I NoScEL CT M wo 1000- 13~: -1S /7A/O 'o6 I /07, 10 8 2 s9 Q I 'pprox.66 o ores w4+,~ /7747 w /77.47 99 0 150 FT ON STILLWpTjZR AVM o N. 4J•/7'2J"f I ° S8 s?8 i /7S.eI /7x.04 T7 p 9 w I /71,J'7 4 7 C /7GB/ o TRACK f{ V£NUE o 65.43 3.49• o/'2o-w 60 0. 60 60 /ro Mo Ili LOTS N05 103 f0 $ Inc. i46 Ve_ Mons O e r. 96 0 6v+ refer {o MAP OF SEc.TfON two ,fe I ©F SuFFHA%D / PROPERTY f ,led a5 MAP 1a8q o o ° y,- o ° COllryTy CLERK OFFICE 4.6 ° Js r psi m " / ro I ro S3 v o. s+i be.o 0 94 N e) Houle an4 °V/StI ,tpf are- - ' aee3 b I n*L grawn to-a stole, . ,Ao, L" ~0& cvt -de- i~-vAAO Y &t&/tV6e4 tel /we -r~ hr~, ~,u~cr ah.~ ~ ~r? aw rd- ~~t~~ Q~ A?- 1 APR 2 9 X96 ~dcfita~ Carl E. & Elizabeth A. Vail 3240 Stillwater Ave. Cutchogue, New York 11935 Southold Town Zoning Board of Appeals Southold Town Hall Southold, NY 11971- RE:Dupuis Application for Waiver of Merger Dear Board Members: We are the owners of the parcel Tax Map # 1000-137-1-16.1. Our property is immediately to the north of the applicant's property, Tax Map # 1000-137-1-15. In regard to the above application, we make the following objections: 1) The original Fournier property consisted of lots 103,104 as one parcel with lots 105,106,107 and 108 purchased at a later date as an adjacent parcel, each with their own survey, title and deed. The deed line between the two parcels according to the tax map before the parcels were merged into one was between lots 104 and 105. Waiver of Merger Section 100-26 Paragraph A states; " If a lot has merged, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing" This appeal is not asking for restoration of the original lot line between the two previously unjoined parcels. Furthermore the present house because of an addition built in 1968 (well before the 1983 merger of adjacent lots in the same ownership) effectively merged the two lots at that time. The addition with Mr. Fournier's (Daniele Dupuis's father) knowledge was built onto his adjacent lot. 2) In regard to density, the arguement that there are smaller parcels in the neigh- borhood is not valid as these properties were divided in 1939. Based on this argue- ment, every original parcel of approx. 8-10,000 sq. ft. would qualify as a buildable lot. The intent of merging these lots was certainly not to redivide them at a later time. The creation of two 2/3/ ac. lots in an R-40 Zone is also detrimental to the neighborhood, since adjacent parcels naturally lend value or de- crease,value from each other by their size. Our property would lose value while lending value to the property subdivided. A reality is that there are many on- to-one plus acre lots in the adjoining neighborhood. 3) In regard to economic hardship, we believe otherwise. This property has been recently inherited and ownership of this beautiful property cannot be a hardship. My wife and I are year round residents and involved in our community and town. We plan to stay in our home on Stillwater Ave. until we can no longer. Our home is our only investment. Neither of us have pensions or inheritances to fall back on. We have spent an estimated $75,000 plus in improvements on our residence. ( Which in turn has greatly enhanced the value of the Dupuis property). We have planned to able to depend on this investment for our old age. By granting a subdivision to the Dupuis property our only investment is greatly diminished. At the time we bought our home we investigated adjacent properties and found them not to be dividable because of the merger law. We were aware of this law because, at the time my wife worked in the field of Real Estates Sales. An awareness of the merger law helped us to make a decision to buy the residence situated on one acre. When we bought our home it was in very bad condition, so the fact that it was on one acre and the adjacent property ( former Fournier, now Dupuis property) was on a one plus acre undividable lot was really the decisive factor in the purchase. In closing, please do not set a precedent by granting this application for waiver of merger. Sincerely, L r#lE.e'Vail III Elizabeth A. Vail 9 Z adtl 04/26/96 ? - Southold Town Zoning Board of Appeals Southold Town Hall Southold, N.Y. 11971 RE: Dupuis Application for waiver of Merger Dear Board Members: In regard to the above application we make the following objections: 1) The original Fournier property consisted of lots 103,104 as one parcel with lots 105,106,107,and 108 purchased at a later date as an adjacent parcel, each with their own survey, title, and deed. The deed line between the two parcels according to the tax map before the parcels were merged into one was between lots 104 and 105. Waiver Of Merger Section 100-26 Paragraph A states that "If a lot has merged, the Zoning Board of Appeals may waive the merger and recognize original lot lines upon public hearing" This appeal is not asking for restoration of the original lot line between the two previous unjoined parcels. Furthermore the present house because of an addition built in 1968 (well before the 1983 merger of adjacent lots in the same ownership) effectively merged the two lots at that time. The addition with Mr. Fournier's ( Daniele Dupuis's father) knowledge was built onto his adjacent lot. 2) In regard to density, the argument that there are smaller parcel in the neigh- borhood is not valid as these properties were divided in 1939. Based on this argument, every original parcel of aprox. 8-10,000 sq. ft. would qualify as a buildable lot. The intent of merging these lots was certainly not to redivide them at a later time. The creation of two 2/3 ac. lots in an R-40 Zone is also de- trimental to the neighborhood , since adjacent parcels naturally lend value or decrease value from each other by their size. Our property would lose value while lending value to the property subdivided. A reality is that there are many one-tonne plus acre lots such as ours in the adjoining neighborhood. 3) In regard to economic hardship, we believe otherwise. This property has been recently inherited and ownership of this beautiful property cannot be a hardship. My husband and I are year round residents and involved in our community and town. We plan to stay in our home on Stillwater Ave. until we can no longer. Our home is our only investment. Neither of us have pensions or inheritances to fall back on. We have spent an estimated $75,000 plus in improvements on our residence. (Which in turn has greatly enhanced the value of the Dupuis property). We have planned to be able to depend on that investment for our old age. By granting a subdivision to the Dupuis property our only investment is greatly diminished. At the time we bought our home I investigated adjacent properties and found them not to be dividable because of the merger law. I was aware of this law because at that time I worked in the field of Real Estate Sales. That fact helped us to make a decision to buy the residence situated on one acre. When we bought our home it was in very bad condition, so the fact that it was on one acre and the adjacent property (former Fournier, now Dupuis property) was on a one plus undividable lot was really the decisive factor in the purchase. In closing, please do not set a precedent by granting this application for waiver of merger. incerely, Elizabeth A. Vai~~~C.v~~ Carl E. Vail III KING Uc.MARReW Estate Broker REALTY CUTCHODUE, N.Y. 11935-1343 (518) 7345557 FAX (516) 734-7955 April 4, 1996 Board of Appeals Town of Southold Main Road Southold, New York 11971 Dear Members of The Board of Appeals: Ms. Daniele Dupuis has asked me to write to you regarding her property located at 3580 Stillwater Avenue, Cutchogue, New York. This property is listed as 1000-137-1-14 and 1000-137-1-15 on the Suffolk County Tax Map. We have had a listing on the property since May 23, 1995. The property has been difficult to market, due in large part, to its current merged status. It is my opinion that the highest and best use of the property would result from a waiver of merger. This I feel would enhance the value of the property, especially in today's market. Thank you for your consideration in this matter. Sincerely yours, i'Z-4-4 G%%%/~~ a Lc MRK/ajk Marion R. g DANIELE DUPUIS 40plication for Waiver Sectilk 100-26 4 DOCUMENTS INCLUDED FOR CONSIDERATION * Waiver application and four additional pages * Building Inspector's Notice of disapproval * Copy of application for notice of disapproval and sketch of the two separate parcels. * Tax bills for the two separate parcels 1000-137-1-14 & 1000-137-1-15 * Copy of the Current county tax map for my neighborhood (137 & 136) * Notice to Adjoining property owners with certified mail receipts for 11 neighbors * Z.B.A. Questionnaire * Copies of Deeds dated prior to 1983 for the two separate parcels * Copies of the current deeds for the two separate parcels under review * Print of Official County Map 1280 obtained from Suffolk County Clerk's Office. This will serve as the original survey for parcel CTMN 1000-137-1-15 as this map was used when the county established the parcel numbers . " Map of Section 2 MS Hand" filed as Map 1280 was made from surveys of all the individual lots completed by Otto W. Van Tuyl in 1939, including the lines for lots 106,107,108 which don't appear on the 1968 survey made for H. R. Fournier. 6 Copies. * Enlargement of County Map 1280 obtained from Suffolk County Clerk's Office & 6 Copies. * Copy of June 21, 1968 survey by Van Tuyl & Son showing residence on lots 103,104,105. 6 extra copies. * Sketch of" Proposed change " for Waiver & to rectify County Parcel Numbers and make lots more equal in size. 6 extra copies. * Sketch of the two separate parcels showing one parcel with the existing residence and the other separate parcel with its existing 22'x24' structure and a proposed house sketched for the waiver process & 6 extra copies. * Copies of 4/15/67 building loan bond & mortgage and its 8/15/68 agreement. *Copies of the 1/94 appraisals for the two separate parcels 1000-137-1-14 & 1000-137- 1-15. * Letter from Marion R. King Lic. Real Estate Broker Marion R. King Realty BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of A43-4-1---C--ti-ViVer Gnr i00--AG COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, pOOie~~ Uresiding at 3S $O st• I~ WQtr Ave CAI (A New York, being duly sworn, depose and say: Q That on the K I day of April, 1996, I personally posted /ooO property known as h$ lla*a cmi,,nrd Le (4 10S,106,10i)108 MX lAPPA2(LL by placing the Town's official poster sign ten (10) feet, or closer, from the front property line where it can easily be seen from the street, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing (date of hearing noted thereon to be held May 1, 1996.) Dated: April , 1996. (signature) Sworn to me this 2 Q~" y of pril 19D6. o ry Public ROBERT I. SCOT . R. NOTARY PUS tate of N.Y. No. 472 uffolk CounAl~ Term May 31,1 April 17, 1996 Mrs. Daniele Dupuis P.O. Box 382 Cutchogue, NY 11935 Re: Appl. No. 4377 - Request for Waiver under 100-26 Dear Mrs. Dupuis : Thank you for contacting us about the Notice of Hearing. Please substitute the attached Re-Notice of Hearing which should show the correct lot numbers for the M.S. Hand Subdivision reference. I will send this out on Monday to the Long Island Traveler for publication in Thursday's newspaper. Very truly yours, Linda Kowalski Enclosure Or OF PEALb referred Lot 64 and part TOWN OF SOUTHOLD of 65 on the "Amended Map A of Nassau Point" (1922). The COUNTY OF SUFFOLK NOTICE OF H.A IN c subject premises contains a STATE OF NEW YORK ss: total lot area of 1.375+- acres NOTICE IS HEREBY in an R-40 Zone District. GIVEN, pursuant to Section 7:45 p.m. Appl. #4385- Joey Mac Lellan, being duly sworn, says that 267 of the Town Law and the KEVIN & ASCENSION he is the Editor, of the TRAVELER-WATCHMAN, Code of the Town of Southold, KYLE ,Application .foravari- a public newspaper printed at Southold, in Suf- the following applications will ante based upon the May 6, folk Count and that the notice of which the be held for public hearings be- 1996 Notice of Disapproval y' an fore the SOUTHOLD TOWN from the Building inspector, annexed is a printed copy, has been published BOARD OF APPEALS, at the ref. Zoning Code, Article IIIA, in said Traveler-Watchman once each week for Southold Town Hall, 53095 Section 100-30A.3, to con- Main Road, Southold, New struct deck addition with a set- weeks York 11971, on WEDNES- back at less than the required . zr DAY, MAY 29, 1996, com- 50 ft. rear yard setback, at 815 successively, commencing on the mencing at the times specified Park Avenue, Southold; below: County Parcel No. 1000-56-1- day of ..:/.,~........................,19.91. 7:30 p.m. Appl. #4386 - 2.4, also referred to as Lot # 14, CINDY AND MITCHELL Long Pond Estates Subdivi- RUGGLES. Application for sion. This is a lot consisting of a variance based upon the May 40,017 sf. in an R-40 Zone. 6, 1996 Notice of Disapproval 7:50 p.m. Appl. #4383- / from the Building Inspector, HELEN DITTUS. Applica- Sworn to before me this....................... day of ref. Zoning Code, Article IIIA, Section 100-30A.4, to locate an lion for a variance based upon /..r.1.l~? above-ground swimming pool the May 7, 1996 Notice of Dis- 1 9....... with entry decking and fence approval from the Building In- enclosure in an area other than spector, ref. Zoning Code Ar- ticle III, Section 100-33B(1), NakomisRoad, Southold, NY; for approval of accessory shed Notary Public County Tax Map Parcel No. in the southwest comer of the 1000-78-3-15. The subject par- rear yard "as exists" at less than BARBABAA.SCHNEIDER cel contains a total lot area of the required three ft. setback. NJTU%Y ITELIC, State of New York 13,200+- sf. Location of Property: 305 Mas- fJo. 4M246 7:35 p.m. Appl. #4379 ters Road, Laurel, NY; County Qua!iCedin Su°ralkCounty LISA AND NIKOLA Parcel No.1000-126-9.22; also ComnownExpires Rlial ?6 GALJANIC. Application for referred to as Lot #6 and part a variance based upon the of 7, Map of Property of Dan Building Inspector's April 4, J. Stack (County Map #815). 1996 Notice of Disapproval, Size of Property:.25+- of an ref. Zoning Code, Article acre. The Board of Appeals will XXI V, Section 100-244B as 7:55 p.m. AppL Na. 4381- at said time and place hear any amended 11-28-95 to construct LARRY AND LINDA approval to construct new prm- and all persons or representa- new dwelling, maintaining the RAPPAPORT. Application cipal building at a width of tives desiring to be heard in the existing dwelling's front yard for a variance based upon the more than 60 feet which is re- above applications. Written setback location. Location of Building Inspector's April 30, stricted by Zonink Code Article comments may also be subm it- Property: 1065 Bay Avenue, 1996 Notice of Disapproval X, Section 100-103C of the red prior to the conclusion of East Marion, NY; CountyTax ref. Zoning Code, Article IIIA, Zoning Code. Proposed. Res- the subject hearing. The above Map Parcel No. 1000-31-9-1. Section 100-30A.3, for ap- taurant (Principal Use) in this hearings will not start before This parcel consists of proval of porch addition "as B-General Business Zone Dis- the times designated, and are 17,590+-sf. built" With a setback at less than trict. Location of Property: in addition to other hearings. It 7:40 p.m. Appl. #4384- the required 15 ft. minimum 32240 Main Road,Cutchogue; is recommended that the file(s) VINCENT MANAGO as side yard in this R-40 Zone County Parcel No. 1000-103- be reviewed before the sched- Contract Vendee. (Owner: District. Location of Property: 1-19.3(includes former #103- uled date of the hearing for up. Edith Purpura). Application for Lot #14, 13, and part of 12 as 1-18 consisting of one-half dates or new information. If a variance based upon the April shown on the, Map of Point acre, and entire 26.2 acres is a you have questions, please also 22, 1996 Notice of Disapproval Pleasant containing 2.00+- part of a 55.2 acre parcel of do not hesitate to call 765- from the Building Inspector, acres; 1605 Pt. Pleasant Road, record in 1985). 1809. ref. Zoning Code, Article Mattituck, NY; County Parcel 8:10 p.m. Application of Dated: May 13, 1996. XXIII, Section 100-239.4 to No. 1000-114-1-5.1. SCOTT RUSSELL. Recon- BY ORDER OF THE replace accessory storage shed 8:02 p.m. Appl. No. 4382- vened hearing (carryover from SOUTHOLD TOWN in a location less than 75 feet ISLAND ALE. INC. and F. May 1, 1996). BOARD OF APPEALS from the bulkhead. Location of CICHANOWIC7,3111).Ap- 8:15 p.m. Application of GERARDP. Property: 8225 Nassau Point plication for a variance based DANIEt_E Dl P-IUIIS. Recon. GOEHRINGER, Chairman Road, upon the Building Inspector's vened hearing (carryover from By Linda Kowalski Cutchogue, County Parcel No. 10 1000- 118-4- 10;also March 25, 1996 Notice ofDis- May 1st). 1X-5/16/96(106) O~OgUFFO(,~co APPEALS BOARD MEMBERS ti~ Gy o° Southold Town Hall Gerard P. Goehringer, Chairman T 53095 Main Road Serge Doyen, Jr. y `'F P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD RE-NOTICE OF HEARING 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 before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MAY 1, 1996, as noted below: 7:50 p.m. Appl. #4377 - DANIELE DUPUIS. This is an application request- ing a Waiver under Section 100-26 of the Zoning Ordinance based upon the Building Inspector's March 21, 1996 Notice of Disapproval, in which applicant was denied a building permit to construct a one-family dwelling. Under Article II, Section 100-25A enacted I/1/96, the subject lot is substandard in size and has been held in common ownership with an adjoining lot, 1000-137-1-14, referred to as M.S. Hand Combined Lots #103 and #104 (improved with a single-family dwelling). Applicant alternatively will provide a more equal lot size by enlarging the dwelling lot (adding M.S. Hand Lot #105 to the above-noted lot now consisting of #104 and #103.) The subject property for which a waiver is requested is identified as County Tax Map Parcel No. 1000-137-1-15, located along Stillwater Avenue, Cutchogue, NY; also referred to as M.S. Hand Combined Lot Nos. 105, 106, 107, 108. Zone District: R-40 Residential. Dated: April 17, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x s BOARIfOFAPPEALS, COUN•OF SUFFOLK TOWN OF,SOUT'HOL D STATE OF NEW YORK ss: NOTICE, llS HEREBY Joey Mac Lellan, being duly sworn, says that GIVEN,, pursuant to Section he is the Editor, of the TRAVELER-WATCHMAN, 267 of the Town Law and the a public newspaper printed at Southold, in Suf- Code of the Town of Southold, folk County; and that the notice of which the the following application will be held forpublic -hearingbeannexed is a printed copy, has been published fore the.SOUTHOLD TOWN in said Traveler-Watchman once each week for BOARD OF APPEALS, at the Southold Town Hall, 53095 ..........................................................1........... weeks Main Road, Southold, New ~~-'r York 11971, on WEDNFS- successively, commencing on the DAY, MAY 1. 1996- as noted / below. day of .....`-I .....°"....................,19.9'6. 7:50 p.m. Appl. #4377- DAN1R:L DIUMPI !K This is an application requesting a Waiver under Secana.tO0-26 of the ZoningOrdihanoe based upon the Building loapector's Sworn to before me this.................. day of March 21,1996NoticeofDis- approval, in which applicant y~a'°1' ,19.. was denied -a building permit U to construct a one-family dwelling. Under Atticlell Sec- p ~ tion 100-25A enacted 111/96, ~ the subject lot issubsorfdardm Notary Public size and has been held:mcom- mon ownership with an add. ing lot, 100¢-137-1714, re- N01idtY FUE:l IC, State of fdsw York ferred to as M.S. Hand Com- Ne -'46 Quz,ii binedLots #l03aad#104(im- Coorn m f ci in Su ices County m soon Expires 8/4 il96 proved with asingle-family / dwelling).' Applfahitt alterna tively will provide amore equal lot size by enlarging the dwell. rti9g lV4s4 ag*1k;&Hond Lot ' 0 034o the above-noted 4ot now consisting of #104+ and #103.) The subjectptoperty for which a waiver is requested is identified as County Tax Map Parcel No.1000.137-1-15 lo- cated along Stillwater Avenue, Cutchogue, NY; also referred to as M'S. Hand Combined Lot Nos. 105; 10,6,107;108. Zone District: R-40 Rosidential. Dated: April 17 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman - By Linda Kowalski IX-4t25/96(77) 0 6 gpFF0j, f APPEALS BOARD MEMBERS ti`t` Gy Southold Town Hall Gerard P. Goehringer, Chairman A 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 15, 1996 Mrs. Daniele Dupuis P.O. Box 382 Cutchogue, NY 11935 Re: Appl. No. 4377 - Request for Waiver under 100-26 Dear Ms~u`p s: Please substitute the attached Notice of Hearings, which was slightly modified, for your file. Also, please be sure to return the Affidavit of Posting during (or before) the hearing for our permanent file. Very truly yours, ri1zJ yA.J.~/d~ Linda Kowalski Enclosures • O~OgUFFO(,~c • APPEALS BOARD MEMBERS o`t` Southold Town Hall Gerard P. Goehringer, Chairman G ~ 53095 Main Road Serge Doyen, Jr. y P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 7 BOARD OF APPEALS TOWN OF SOUTHOLD April 15, 1996 Mrs. Daniele Dupuis e P.O. Box 382 Cutchogue, NY 11935 Re: Appl. No. 4377 - Request for Waiver under 100-26 Dear Mrs. Dupuis: 7 Please find enclosed a copy of our Agenda of Hearings for our D upcoming meeting on Wednesday, May 1, 1996. The hearing is scheduled for 7:50 p.m. and has been forwarded for publication by our department in this week's issue of the Long Island Traveler newspaper. 1 Also enclosed is a Poster sign, which should be displayed as soon as possible on a post, tree, fence, or front of a building within 10 feet of both front property line and remain displayed for at least seven days. Please feel free to call us if you have any questions regarding this process. Very truly yours, Linda Kowalski Enclosures • • BOARD OF APPEALS:TOWN OF SOUTHOLD ___________________________________x In the Matter of the Application of ------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, , residing at New York, being duly sworn, depose and say: That on the day of April, 1996, I personally posted property known as by placing the Town's official poster sign ten (10) feet, or closer, from the front property line where it can easily be seen from the street, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing (date of hearing noted thereon to be held May 1, 1996.) Dated: April , 1996. (signature) Sworn to before me this day of April, 1996. Notary Public o~~g~FFO(~-co APPEALS BOARD MEMBERS ly` Gy o° Southold Town Hall Gerard P. Goehringer, Chairman 0 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 15, 1996 Mrs. Daniele Dupuis P.O. Box 382 Cutchogue, NY 11935 Re: Appl. No. 4377 - Request for Waiver under 100-26 Dear Mrs. Dupuis: Please find enclosed a copy of our Agenda of Hearings for our upcoming meeting on Wednesday, May 1, 1996. The hearing is scheduled for 7:50 p.m. and has been forwarded for publication by our department in this week's issue of the Long Island Traveler newspaper. Also enclosed is a Poster sign, which should be displayed as soon as possible on a post, tree, fence, or front of a building within 10 feet of both front property line and remain displayed for at least seven days. Please feel free to call us if you have any questions regarding this process. Very truly yours, Linda Kowalski Enclosures ~~gUFFO(~-c APPEALS BOARD MEMBERS h~O ~Gy C2 Southold Town Hall Gerard P. Goehringer, Chairman ` - at 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tonora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD M a y 1, 1996 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4377 Project/Applicants: Daniele Duppuis County Tax Map No. 1000- 137-1-14 and 15 Location of Project: 3380 Stillwater Ave., Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Waiver to unmerge lot This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. h~o~OSpfFOLK JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK C2 P.O. Box 1179 y Southold, New York 11971 REGISTRAR OF VITAL STATISTICS • Fax (516) 765-1823 MARRIAGE OFFICER 'y~1J~ ate! Telephone (516) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4377 DATE: APRIL 4, 1996 Transmitted is an application for a waiver submitted by DANIELLE F. DUPUIS together with Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department, and Zoning Board of Appeals Questionnaire Form, and survey. v Judith T. Terry Southold Town Clerk DANIELE DUPUIS Apoication for Waiver Section-100-26 1 APPLICANT AND OWNER: DANIELE DUPUIS Tel: 516-734-7532 P.O. Box 382 3580 Stillwater Avenue Cutchogue, NY 11935 Parcels corresponding to Tax Map Nos. 1000-137-1-14 and 1000-137-1-15 are the two separate parcels under consideration for a waiver of merger. The applicant owns three lots located on Stillwater Avenue, Cutchogue. Tax maps 1000- 137-1-14, 1000-137-1-15, 1000-136-2-10. ( 1000-136-2-10 is across the street) Lots Nos. 103,104,105,106,107,108 refer to lots on Section 2, Property of MS Hand surveyed by Otto Van Tuyl from surveys completed March 23, 1939 and filed in the Suffolk County Clerk's Office on May 12, 1939 as Map No. 1280. These are the lots included in the two parcels under consideration. December 20, 1957: purchase of little house on lots # 103 and # 104 from Oscar L.. Eilertsen. Deed Liber 4409 page 217 & 218 January 18, 1966: purchase of vacant lots numbered 105,106,107,108 from Kenneth Ohlson and Mary Ohlson. Deed Liber 5899 page 39 & 40. April 15, 1967: Mortgage From Southold Savings Bank for addition to residence on its parcel comprised of lots 103,104,105. June 15, 1967 Building permit for addition to residence on lots #103,104,105 October 15, 1992 Paula Fournier, my mother, died. October 28, 1993 Henri R. Fournier, my father died. January 7, 1994 Appraisal of 1000-137-1-14 3580 Stillwater Avenue January 7, 1994 Appraisal of 1000-137-1-15 3380 Stillwater avenue January 17,1994 Deed Liber 11680 p 613 Fournier Estate to Dupuis for Parcel 1000-137-1-14 March 17, 1994 Deed Liber 11680 p 614 Fournier Estate to Dupuis for Parcel 1000-137-1-15 DANIELE DUPUIS ApIllication for Waiver Section 100-26 3 APPLICANT REASON #1 The waiver of merger would conform to the original intentions of my parents. My parents always thought that they had a separate buildable lot . The fact that they received separate tax bills for each parcel just confirmed them in this belief. The amount they were assessed over the years on parcel 137- 1-15 is an amount for a separate buildable lot. I continue to be taxed an amount that represents the assessment for a separate buildable lot. This was confirmed to me at the tax assessors office . As indicated in the survey of June 21, 1968 by Van Tuyl & Son and the mortgage papers April 1967 and of August 1968 the parcel with the existing residence and its addition is meant to include lots 103 ,104, and 105 . Lots 106, 107 and 108 were not included in this survey, nor in the mortgage. They were meant to be a separate buildable parcel . In August 1968 a separate building was constructed on lots 106 & 107. It was used as a barn for a horse, but was meant to be added on to and transformed into an independent residential unit or transformed into a garage/ workshop to go along with a residential unit to be constructed later. At one point, in the 1980's my father offered to give me parcel 137-1-15 so my husband and I could build a house on it. He told me it would be a good spot because of the little lot on the water across the street (136-2-10 formerly lot 24) Also, it would be convenient for them in their old age to have us next door. Alternatively, my mother also considered this separate parcel comprising lots 106, 107, 108 as a place where she could live if anything happened to my father and she needed to rent the existing house for extra income. In any case, this lot was always considered buildable and one way or another was meant to be used for an independent residential unit. Had I known about the merger situation I would have accepted the parcel just to protect my parents' interests. My parents received no written notice that a merger was planned. Had they known about the plans for merger they could have put the lots in their two different names . I myself had never had any knowledge of the merger prior to my parents' deaths and just assumed the lot was buildable. After my father's death I was in such a state of trauma that I really didn't understand or know what I needed to do. I inherited the property from my father, and this was my childhood home. I love this home very much, but for many reasons (both financial and emotional) it is impossible for me to continue living here or keep the property. APPLICANT REASON #2 The waiver of merger would avoid great economic ( and emotional ) hardship. The economic hardship a merger would create is multiple. If the two separate parcels are merged it will result in a considerable decrease in value of the property . The merger would decrease the value by a minimum of $25,000. to about $50,000. or $60,000. according to various real estate agents and appraisers and tax assessors. Having an extra buildable lot makes the property more attractive to potential buyers who want to buy the two separate parcels plus the little lot across the street. It would give them the same options my parents had planned for themselves. The waiver of merger would make it easier to obtain a mortgage and avoid delays and complicated procedures. Also, if the parcels are merged, it takes away my option of selling just one buildable parcel or just the house and its parcel should I need to meet financial obligations. Over the years, a lot of money was spent paying taxes for a separate buildable lot, and it should remain a separate buildable lot. The waiver of merger would enable this to be so without creating additional economic hardship to people who were paying their taxes regularly all these years. DANIELE DUPUIS App ication for Waiver SectionO00-26 2 RELIEF SOUGHT: Waive the merger of the two separate parcels CTMN 1000- 137-1-14 and CTMN 1000-137-1-15 . Rectify the merger of former lots 103,104,105,106,107,108 so that tax map no.1000- 137-1-14 would include former lots 103, 104, 105 and tax map no.1000- 137-1-15 would include former lots 106, 107, 108. The lot line would be between lots 105 and 106 instead of between lots 104 and 105 as is now the case. This would make the two parcels approximately equal in size (.64 and .66 acres) with 150 ft. road frontage each. ( As it now stands 1000- 137-1-14, the parcel with the existing house has 100 ft. road frontage and is .41 acres; 1000- 137-1-15 the vacant lot with the small structure has 200 ft. road frontage and .87 acres.) The resulting more equal parcels would still be considerably larger than most of the parcels in the neighborhood ( some parcels in the neighborhood are only about .25 acres or .33 acres, many are about .40 acres) Some of the lots in the neighborhood are quite small with big houses and big garages on them. Additionally, this change would make the parcels conform to the original intention of the owner's parents as shown by the survey of June 21, 1968 by Van Tuyl & Son. In this 1968 survey, the parcel showing the existing residence with its addition includes lots nos. 103,104,105. Lots 106,107 and 108 are not included and were meant to be available to construct a one family dwelling at some later date. Having the lot line between former lots 105 and 106 would also be more logical as it would not go through the existing house as is now the case , something which was not taken into account when parcel numbers were allocated to the original lots on the official county Map No. 1280, entitled " Map of Section Two, Property of M.S. Hand." The two separate unmerged parcels would each be larger than most of the lots in the neighborhood. The two separate unmerged lots would meet all the conditions of Section 100-26 A. ( Waiver of Merger ) : 1) the waiver will not result in a significant increase in the density of the neighborhood. 2) the waiver would recognize a lot that is consistent with the size of the lots in that neighborhood. 3) the waiver will avoid economic hardship. 4) the natural details and character of the contours and slopes of the lot will not be significantly changed or altered in any manner, and there will not be a substantial filling of land affecting nearby environmental or flood areas. ~ a,i~t~29A copy of the current tax map and survey of the lot, 3 A copy of the or! , nal survey of the lot; 54 A title soarch sh:yering singira and separate ownership of fie prop- erty frri i July 1, 1983 to the pr%,sent time, prepared by a Suffolk Grur~y tie Inca, ainee company indemnifying the Town of Southr,d with &,,1,000 of nhsura•mce; "5) Othue additional information or documentation as may bri deemed necessary.. C.pf4l,s, :.I aA4 &LO-A5 4-- E Effect of klerger, No Wilding pern~t or other development entitlement ~Lccn~ wili be Issued by the Town until this section has been compiled with. The Building department will issue a written determination whether a property falls within aim exemption to the merger provision. 3. Section 100=28 (Waiver of Merger) is hereby adopted to read as follows: A. If a ict ties mergeu, f r e Zoning Board of Appeals may waive ;rte merpar ar+' recognlya original of limas upon public hearing and upon finding threat: 1) 'rhre waiver will not result in a significant Increase in the density of ricighberiiood; 2) the waiver would recognize a lot that is consistent with the size of lots in fhml neigtearhood; 3) the waiver will avoid economic hardship; 4) the natural details and character of the and character of the contours and slopes of the lot will not be significantly changed or alterr#4 in any manner, and theca will not be a substantial filling of land affecting nearby environmental or flood areas. 4. Section 111)0-2,14 (Setbacks for Nonconforming Lots) is hereby amended to read as " ',lows: A. This subsection is ir.c:nded to pride minimum standards for granting of a building permit ibr the principal buildings of lots which are recognized by the Tcwn under 100-24, are nonconforming and have not merged pursuant, to 100-25. -3- NO'l29- B. All lots which are not recognized by the Town pursuant to the above section shall not receive any building permits or other development entitlements. C. Al lots are subject to the merger provisions of Sec. 100-25. 2. Section 100-25 (Merger) is here¢y;edopted to read as follows: A. Merger. A nonconforming Ict,1hall merge with an adjacent conforming or nonconforming lot which he '6 been held In common ownerrihlp with 'the first lot at any time after July 1, 1983. An adjacent lot Is one which abuts with the parcel for a common course of 50 feet or more in dis- tance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements. B. Definitions. Common ownership shall mean that the parcel is held by the same person In the same percentage of ownership as an adjoining parcel C. Exceptions. Lots which are recognized under Sec. 100-24 and most any of the following categories shall be exempt from the merger provision set forth above and-shall not be deemed merged by operatlon of this law: 1) The nonconforming lot has a minimum size of 40,000 square feet, or 2) The nonconforming lot obtained a lot size variance from the Zoning Board, or 3) If the lot is not on the mops described in former Section 100-12, ' the nonconforming lot has been held in single and separate ownership from July 1, 1983 to date, or 4) if the lot is on the maps described In former Section 100-12, the nonconforming I,)t has been held in single and separate ownership from January 1, 997 to date. D. Proof of Merger. The Town may require a person seeking determin- ation of merger to provide any or all of the following documents for d9aluation: 1 } roof of the date when the lot was created and the size of the lot, together with a copy of a legal description of the parcel, all to the satisfactlon of the Town, -2- BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of 7 eahiP1 au 'r 4' c 4J4 //Ve/' u/ /kergP/ NOTICE to the Board of Anneals of the Town it( Southold ADJACrHT PROPERTY OWNER TO: YOU ARE IIEREBY GIVEN NOTICE: 1. That it is the Intention of the undersigned to petition the Buard of Appeals of the Tnwn of SuutJndd to request.1 .(Variance) (Special Exception) (Special Perrnh) (OL-her) [circle choices 141 A I V is 5L OF hf &Aer6a , 2. That the roperty W1 is the wbject of the Petition is located adjacent to your property and is des- cribed as follows: F0I Mer L©7~ /O - / !t - /e) ~O - /0-,1- -/09 LW "M SLUM&L WPU ry 1/S HA Vn r/I N iv O 0 80 ~ /eon _Mm l II i f /~?E2 Rut= rtl7`cisr7r,-u~ TAX MCif IY~ - TL-. 1'6-4 - I- IS. 7W0 Se P!1 fLATG PA-kcQLi& 3. That the property w rich is the subject of such Petition is located in the following ronhrg district: X R 4 0 ~E's" i A ) r -1 11131 bi sur t Petition, the undersigned will request the following relief: hiodl(lsr46Q ~~g pN~ C 11 0 1060-137-1-15) Aga RECTiFy loUNry TAX P7AA5 7`0 REr4fj s /i~1 = Fo#' Meg' 10 / 0 3i /;_l ~ L®r L/N (.~1ou~Q QF AE1Z~cETV 4srS /OS /FNb ~fX~ Y 5. That the provisions f tire Southold Town Zoning Code applicable to the relief sought by tire under- signed are Article _ Section /00 -a6 [ ] Section 200-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days front the dale hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 795-1809. 7. That before the relief sought may be granted, a public heating must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing' tx }fC-SuLEvI61F=T*Pmswd In the Long Island Traveler-Mattliuck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: ~r,-C- 4 ? 9 9 6 Petitioner n own ers'NamesANItLE DuPU1, Post Office Address ~~x 3 P0 _ C 0Trt4C)GQE, B`1 11115-o.38a- Tel. No. (5)~ ) 13 - S3D_ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] z 1 PROF OF MAILING OF NOTIf.E ATTACH CERTIFIED MAIL RECEIP S C)~Ll1i ADQR€SS m Carl E. Va L Sri n E/ 3o be lit Po 60x 96 ~ ~,-vte-lte qe. /V y /1935- ® osePh F. Se*aro ! Franresl~, 1909 tasf- 5.>, S~reef grookl n NY 1I~37 jecn Pa#,tce Cour~auoL 505 Trock, huenue (c tc cque- /Vy !1935 © Tho'mos Placleool a10s ro'lvp PltpQO/4 ROaCI h o H, tzick N`/ 119Sa- Cor ne 1u45 Gr T n q Kaftiryry 685 Track Roe (AJ C 603 M 11935 © 7hoinas 7 RusIoc(cn (9),~e .P v e'ox I6q 165 Track AuL (ufe 6. Qq e- ; ) y 119,3s- ~cau I N klar~ot µc~xbeh Alf l -3 146 ~exl no kon Aue . New 9D(kI NY )ooa8 ® truce Q(4 pnh :TD6son 34Is StHwaler hve__. (A" re NY 1 + y35 C Pfihur oau1cI 3C~5 Eas(u~oo~ ~oca( (uo~~tere; NY Ii S9~ j0 11rs: R~mond keu~ne~ RR I 36 SS Sf;1lu)gkr Auenu- I ((it( Sue- , N y 1 935 I' Carl N Cortege (~oos ms Irus s ~1orS SW Co,.4 Pooq Rothb~~ S~rt'n 'S Dunne Hon I > 7a, , STATE OF NEW YORK) COUNTY OF SUFFOLK) J0 or)tele- 0Q0ui~ _ residing at 3S 23d J+JlLocffel- r4uq_ U?C N O C, U L . IV 1 r being duly sworn, deposes and says that on the _,lid, day of _ 19 deponent mailed a true copy of the Notice set forth on the re- VCrfC sidc hereof, irccicd to each of the ahove•named persons at the addresses set opposite their respective names; that the addresses set opposite rite names of said persons are the addresses of said persons as shown on rite current assessment roll of the Town of Soutliold; that said Notices were mailed at the United States Post Of. ftcc at ; that said Notices were mailed to each of said persons by (cc(lified) (regisicred) Maio Sworn to beforc a his day of Notary Public ROBERT 1. SCOT , JR. NOTARY PUBUC, to of N.Y. No. 4725089. S olk Cou v Term Expires May 31, 19 r (This side does not have to be completed on fornr transmitted to adjoining property owners.) • . FORM NO. 3 • ~ t TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ~~al 19 7. TO D44.11. a. PLEASE TAKE NOTICE that your application dated ..3//.~....... 1996, for permit to 1CC B?YC. C;./ at Location of Property Q...~~Ct•'LC~:..{. House No. ry Street Harm" County Tax Map No. 1000 Section 4s-3 Block f~ Lot `LA....... . Subdivision Filed Map No. Lot No. . is returned herewith and disapproved on the following grounds . . i~ Inspector RV 1/80 QUESTICHNAIRE FOR FT_LI:TG WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having.a financial interest in the subject premises and a description of their interests: (Separate sheeit may be attached.) ~OAN/E//-- 0 ,O[// OW b /NIFEkITGD PRopel?!\ F~Poo1 FAT&CK B. Is the subject premises listed an the real estate market for sale or being shown to prospective buyers? (/-g" Yes ( } No. (14 c W please T~ I r== T `/9~Q/4/ S „ i96EH ES ) No roi)diJSons a SQIf_ e fV~ C. Are there a=y -praposals to change = alter I mul ( } Yes r'%q Yox No D. 1. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown on the man submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building area? 4. If your property contains wetlands or rand areas, have you contacted the Office of the Town Trustees for its determination of jurisdic'icn? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? N,l - (I£ not applicable, state F. Are there any patios, concrete barriers, bulkheads or fames which P-= = sand axe not shown an the survey map that you arm submitting? If none exist, please state "none-" GOT /]»NE 16 We OONxT'" 1`/4/16 f/ SURVEY HAF OF 71 Ufl Cd}NT G. Do you have any construction taking place at this time A/07 N (6 ~ AV 11V concerning your premises? NON IP yes, please submit.a copy of your building permit and map as approved by the Building Depar"ent. If none, please state- H. Do you or any co-owner also own other land close to this parcel? ~ If yes, please e:cplain where or submit conies of deeds- e S OjII /3- 0, r/I P V /36 or07 e Pot # a /i lawnry Tax tiQ~ ) 1. Please list present u e or opera ons co acted at this Parcel d / Proposed use 4V&4 QQ~ R/A Qd / S 4Ctii~e o/ AUtaar:red SignaCII__ ana Date C, 3/97, 10/901:< § 97-13 WETL INDS - § 9T-13 TOWN - The Town of Southold. TRUSTEES - The Board of Ttostees of the Town of Southold. (Added &4-84 by Ll.. No. 6-19841 cr -UMS [Amended 8-26-76 by L J_ No. 2.1976: 3-26- 85byII Yo.6-I98sj; i1DAL SVETL.LNDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal waxers or lands lying beneath tidal waxers, which at mean low tide are covered by tidal waxers to a maximum depth of five (5) feet including but not limited to hanks. bogs, salt marsh. swamps, meadows, flats or ocher low lying lands subject to tidal action (2) All banks, bogs. meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black gram saltwofhs, sea lavender, tall corcigrass. high bush, cattail& groundseL marsh, m law and low maran cord==and/or (3) -UI 1=d immediately zdjacentto a tidal wetland as defined in Subsection ,1(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FREShwATER WETLANDS. (1) "Fresh.vawr wetlands" as defined in Article 24. Ti- tle 1. § 24-0107. Subdivisions I(a) to 1(d) inclusive. Of ti-L Environmental Conservation (.aw of the State of N tw York: and (21 All land immcdiateI%- adjacent to a "rreshivater wet- land.- as dciined in Subsection 8(1) and lying wich- in seventy-flvc (75) feet landward of the most land. ~var edge of a "freshwater w1dand." 9705 t-.s-ea ` StandBd N.Y.B.T.U. Forth 8003 OM-beegaiv and Sale Decd With Cavemvt'agaitlat Gtadto'1 Asti-lvdividnal of Cotpontiov (Sibgle Sheet) - CONSULT YOUR LAWYER RE SIGNING THIS INSTRUMENT-THIS INSTRI&AT SHOULD BE USED BY LAWYERS ONLY. `,r / t1.S.1.R.5. 11 LIBER,41109 MR s x THIS INDENTURE, made the day of December ,nineteen hundred and fifty-seven BETWEEN OSCAR L. EILERTSEN, residing at Smithtown Boulevardp Lake Ronkonkomaq 2. I., N. Y. party of the first part, and HENRY R. FOURNIER, residing at 90-03 T 43rd S Ave. Elmhurst 9 No Y, party of the second part, - WITNEWETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the 'second part, does hereby grant and release unto the party of the second part, the.heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or pparcel of land, with the buildings and improvements thereon erected; situate, lying and beings at Cutchogue 9 Town of Southold County of Suffolk, and State of New Yorkt known and designated as Tots } #103 and 104 on a certain map entitled "Map of Section Twos } property of M. S. Handq situate at Cutchogue, Suffolk Countyp New York"$ made by Otto We Van Tuyl from surveys completed March 23rd, 19392 and filed in Suffolk County Clerkls Office on May 12th, 193, as Map No. 1280. t TOGETHER with a right of way 30 feet in width running between Stillwater Avenue and Eugene Creek and being located opposite Track Avenue for access to and from Eugene Creek by foot only. BEING part of the same premises described in deed made by Michael S. Hand and Margaret B. Hand $ his wife g to Oscar Z. Eilertsen~ dated August 18th, 1955, and recorded August 24tht 1955, in Tiber 3956 Cp 71. i j turf yU ~L IV , TOGETHER with all right, title and interest, if'any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND'TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said -premises have been encumbered in anyway whatever,. except as aforesaid. Q AND the party of the -first part, in compliance with Section 13 of the Lien Law, covenants that the party of {V. the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for K~ 43 any other purpose. 4 The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. 4) o IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above m written. IN PRESENCE OF: - "U~ ~.L. C r••'/~ .S at ~J f OSCAR 'Lo EI t'RTSEN ANT ~IV,.". Ok' X11 AG $X' SO XJ STATE OF NEW YORK, COUNTY OF New York ss: STATE OF NEW YORK, COUNTY OF ss: -\t ~ On the X4'4-day of December 1957 ,before me On the day of 19 before me Q personally came personally came 650AR' Z:.:EILE TSEN to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executW the foregoing instrument, and acknowledged that qtJI he executed the game. executed the same. J ~ Not MAX MASory ' -ary Publi4 State of New York No: - 44.7753100. Commiea~a~Rocklaud County - t P res March 307 1950 STATE OF NEW YORK. COUNTY OF ss: STATE OF NEW YORK. COUNTY OF ss: On the day of 19 before me On the day of 19 , before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument,- with say that he resides at No. whom I am personally acquainted; who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described to be the individual in and which-executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. is of L .P.'1 T, d a'~ Z 0 r: 0 , i. A4 e W fr, z v Q Q tWj ri a ~V•g O i ' ~ z 3 b W o F 0 ; W AIM 0 VIA U03V'r X3 7 DEG ' i W o N P X SOOO v 10 PF 29 (6165) Standard N.Y. B.T.0rm 8002 Bargain and Sale Deed, CO cent against l~rnlor'a Aela-yPdIMVI eYo pffl oFl~t6h (S htf g Sheel) CONSULT YOUR LAWYER BEFORE SI tl 3 1. NSTRYINENT=M ISTRYNIENT SHOULD RE USED BY LAWYERS ONLY a, THIS INDENTURE, made the 18th day of January , nineteen hundred and Sixty-six, BETWEEN KENNETH OHLSON and MARY OHLSON, his wife, both.residirig.at 536 Madison Avenue, West Hempstead, New York., party of the first part, and HENRI R. nURNIER, reai:ding at 90-03 43rd Avenue, Elmhurst, New York, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable con- sideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with- the- buildiBgs and- -imprevemeete-thereon-ereeted, • situate, lying and being4n-tke at Cutehogue, Town of Southold, Suffolk County, New York, known and designated as lots numbered 105, 106, 107 and 108, on a certain map entitled, "Map of Section Two', Property of H.S. Hand situate at Cutchogue, Suffolk County, New York," made by Otto W. Van Tuyl from surveys completed March 23, 1939, and filed in the Suffolk County Clark's Office on May 12, 1939, as Map No. 1280. r TOGETHER with a right-of-way thirty (30) feet in width running between Stillwater Avenue and Eugene Creek and being located opposite Track Avenue for access to and from Eugene Creek by foot only. 3 % BEING and intended to be the same premises conveyed to Kenneth Ohlson and Mary Ohlson, by deed from Michael S. Hand and Margaret B. Hand, his wife, dated August 27th, 1955, and recorded in the Suffolk County,Clerkts Office on January 5th, 1966, in Liber 5889 of deeds at page 183. f L I TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; c TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. ) 11 ( AND the party of the first part covenants that the party of the first part has not done or suffered any- thing whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. ' The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part ha duly executed this deed the day and year first above written. p~ 6Y-I- .,t. / (L.S.) N PEFSENCE M Kenneth Ohlson Mary 0 son ~~bb n LIBEA99 FAGS 40 STATE OF NEW YORK, COUNTY OF NEWIVAka.: STATE OF NEWIYORK, COUNTY OF rs.e On the 18th day of January, 19 66 , before me On the day of ' 19 , before me personally came KENNETH OHLSON and personalty came MARY ORLSON, his wife, to me known to be the individuals described in and who to me known to be the individual described in and who executed the foregoing instrume t, and acknowledged that executed the foregoing instrument, and acknowledged that they ecuted..1h'e dame. executed the same. STATE OF NEW YORK, COUNTY OF ss.: STATE OF NEW YORK,,000NTY~.OF a.: On the day of 19 before me On the day of 19 , before me personally came . personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who being by me duly sworn, did depose and say that he resides at No. that he is the QtE that he knows 1 ,the corporation described tows which executed the foregoing instrument; that he to be the individual mows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, gtion, and that he signed h name thereto by like order, at the same time subscribed It name as witness thereto. d~ i 39ttrpht anb OuIr Dub SECTION With Covenant Against. G,rantor's Acts BLOCK Vtle No. ?If I. A V • IaT KENNETH OHLSON and COUNTY OR TOWN ' Town "of Sduthohd, 'MARY OHLSON, his wife Suffolk County TO PENRI R. FOURNIER Recorded At Request of P RETURN, BY MAIL-TO CO. W YORK ABSTRACT IN C. R R Noy P S. d bk s s E S Q y N. Y. 3~6.µ/~OISoN ,~Vt, rp/e6 Examined Everywhere N. J. CONN. View ~-IO&t` .:I7t,N y. It BROADWAY NEW YORK, N. Y. 10038 WOsth 2-8818 - 8819 - 6828 zip No. RUSH SERVICE RECORDED m: JAN2jz9~: - mr o, wcB5 -Eaecmor i Decd-I ndi. ideal or Coepon~ion (5ingl0r) Sundard N. Y. B.T.U. Fo,. 900 CONSULT YOUR LAWYEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD RE USED BY LAWYERS ONLY. THIS INDENTURE, made the day of January nineteen hundred and ni nety-four BETWEEN DANIELE DUPUIS residing at 3580 Stillwater Avenue, Cutchogue, New York " as executor of the last will and testament of Henri R. Fournier a/k/a HENRY R. FOURNIER ,late of deceased, party of the first part, and DANIELE DUPUIS residing at 3580 Stillwater Avenue, Cutchogue, New York party of the second part, WITNESSETH, that the party of the first part, by virtue of the power and authority given in and by said last will and testament, and in consideration of Ten dollars, paid by the party of the second part, does hereby grant and re!ease unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being pA at Cutchogue, Town of Southold, County of Suffolk, and State of New York, known and designated as Lots #103 and 104 on a certain map entitled "Map of Section Two, property of M. S. Hand, situate at Cutchogue, Suffolk County, New York", made by Otto W. Van Tuyl from surveys completed March 23rd, 1939, and filed in Suffolk County Clerk's Office on May 12, 1939, as Map No. 1280. Together with a right of way 30 feet in width running between Stillwater Avenue and Eugene Creek and being located opposite Track Avenue for access to and from Eugene Creek by foot only. This is a confirmatory deed under the Last Will & Testament of Henri R. Fournier a/k/a Henry R. Fournier, File 2325 P 93. District 1000 Section 137 TOGETHER with all right, title and interest, if any, of the party of the first part in and to.any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances, Block and also all 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 power to convey or dispose of, whether individ- ually, or by virtue of said will or otherwise; TO HAVE AND TO HOLD the premises herein granted unto 1 the party of the second part, the heirs or successors and assigns of the party of the second part forever. Lot AND the party of the first part covenants that the party of the first part has not done or suffered anything 14 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 consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. BY WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: `DANIELE DUP IS y `7 11680n613 STATE OF NEW YORK, COUNTY O! ss: STATE OF NEW YORK, COUNTY Of ss: On the 1"~7 day of January 19 94 , before me On the day of 19 before me Personally came Daniel a Dupuis personally came to me known to be the individual escribed in and who to me known to be the individual described in and who executed the foregoing instrument, d a w ed that executed the foregoing instrument, and acknowledged that She executed the same. executed the same. 7-T. '77 91ANf' FLANNER OLSEN Natdry Public. State of t~sw Vork No 62.2969906 Qualified in Suffolk County i Goinmission Expirea March 30. 1 .::ter. ..ia. STATE UP NEW YORK, COUNTY O! ss: STATE Of NEW YORK, COUNTY Ot sss On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No, whom I am personally acquainted, who, being by me duly that he is the sworn, did depose and say that he resides at No. of that he (mows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, Lion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. executor'9 laeeb SECTION TITLE No. BLOCK LOT COUNTY OR TOWN Daniele Dupuis, Executrix TO Recorded At Request of Dan i el a Dupuis First American Title Insurance Company of New York RETURN BY MAIL TO: STANDARD FORM OF New YORK sow or Tine umseawnaas Gary fl anner Olsen, Esq. Di"uted kv P.O. Box 706 Main Road First American Title Insurance Company Cutchogue, NY 11935 of New York Zip No. W V_ tt O O 2 D 0 O s W V yt N F t 7 W ` .ES.S.T#RU 9 MIJ4T BE TYPED PRINTED IN BLACK PNW ONL OR TO RECORDING OR FILING. 1 SUFFOLK COUNTY CLERK 2 33425 3 f„ 11680IC613 _ 't G Numbcr or pages RR N. ' . fo 3994 -a T~ ti v C C> Serial # * TTiFtINSI E Z' - -D v SIiFFOLK ~ i to COUNT, r Certificate # rn 33425 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 4 FEES Page / Filing Fee ` •D'v Mortgage Amt. _ Handling 1. Basic Tax TP-584 2. SONYMA Notation Sub Total 2 / EA-5217 (County) Sub Total O J 3. Spec./Add. EA-5217 (State) TOT. MTG. TAX R.P.T.S.A. Dual Town _Dual County a Held for Apportionme Comm. of Ed 5 _UO_ - Affidavit a+~~ Trawler Tax M MG Mansion Tax _ Certilied Copy The property covered by this mortgage is or will be improved by a one or two Reg, Copy _ Sub Total family dwelling only. t~ n YES- or NO _ Other GRAND TOTAL H NO, see appropriate tax clause on C i page k _of this instrument. v Real Property Tax Service Agency Verification Title Company Information Dist Section Block Lot ~r 1000 137 14, First American Title Ins. Co. Company Name Title Number i FEE PAID BY: Cash Check y Charge Gary Flanner Olsen, Esq. Payer same as R & R_ P. 0. Box 706 OR:FirstAmcrican Title Insurance Company Cutchogue, NY 11935 RECORD & RETURN TO 8O 9 Suffolk County Recording & Endorsement Page This page forms part of the attached Deed made by: (Deed, Mortgage, etc.) Daniele Dupuis as Executrix The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of Southold Dahiele Dupuis Individually In the VILLAGE' Cutchogue nw V A MT CT ..P , WC95, Sund,,d N. Y. B.T. L'. Fo.m 800. -Ew<um,'• D,,d-Indi.idual o, co,poution (Single CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD RE USED BY LAWYERS ONLY. THIS INDENTURE, made the day of March nineteen hundred and ninety-four BETWEEN DANIELE DUPUIS residing at 3580 Stillwater Avenue, Cutchogue New York as executor of the last will and testament of HENRI R.liIFOURNIER , late of 3580 Stillwater Avenue, Cutchogue, NY 11935 deceased, party of the first part, and DANIELE DUPUIS residing at 3580 Stillwater Avenue, Cutchogue, New York party of the second part, WITNESSETH, that the party of the first part, by virtue of the power and authority given in and by said last will and testamer.i, and in consideration of Ten dollars, paid by the party of the second part, does hereby grant and rel.;ase unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingAtR;lltgt at Cutchogue, Town of Southold, Suffolk County, New York, known and designated as lots numbered 105, 106, 107 and 108 , on a certain map entitled, "Map of Section Two, Property of M.S. Hand situate at Cutchogue, Suffolk County, New York," made by Otto W. Van Tuyl from surveys completed March 23, 1939, and filed in the Suffolk County Clerk's Office on May 12, 1939, as Map No. 1280. Together with a right-of-way thirty (30) feet in width running between Stillwater Avenue and Eugene Creek and being located opposite Track Avenue for access to and from Eugene Creek by foot only. 'This is a confirmatory deed under the Last Will & Testament of Henri R. Fournier a/k/a H. R. Fournier, File 2325 P 93. District 1000 Section 137 Block TOGETHER with all right, title and interest, if any, of the party of the first part in and to.any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of decedent's death in said premises, and also 1 the estate therein, which the party of the first part has or has power to convey or dispose of, whether individ- ually, or by virtue of said will or otherwise; TO HAVE AND TO HOLD the premises herein granted unto Lot the party of the second part, the heirs or successors and assigns of the party of the second part forever. 1 5 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, exc_pt,as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvenkni before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WPrNFSS WHEREOF, the party of the first part has duly executed this deed th y and year first above written. IN PRESENCE OF: (~f LKNIELE DUPUIS iis80K614 STATt OF YORK, COUNTY OF SUFFOLK as: STATE OF NEW YORK. COUNTY OF sat On the 7 day of March 94 , before me On the day of 19 before me personally came personally came DANIELE DUPUIS to me known to be the individ d ribed in and who to me known to be the individual described in and who executed the foregoing ins t, a d wledged that executed the foregoing instrument, and acknowledged that she executed the same.y executed the same. GARY FLANNER OLSEN Notary Public, State of New York No. 62-2969600 Qualified in Suffolk County . Commission Expires March 30, 1 STATE OF NEW YORK, COUNTY OF as: STATE OF NEW YORK, COUNTY OF sst On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the , of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. 1~ ~I fxetutor'si 39eeb SECTION TITLE NO. BLOCK LOT Daniele Dupuis, Executrix COUNTY OR TOWN TO Recorded At Request of Da n i e 1 e Dupuis First American Title Insurance Company of New York RETURN BY MAIL TO: stulauo row Or ntw roan WAND Or Tint unonwsnmas Gary Fl anner Olsen, Esq. D6tn'6wed by P.O. Box 706 Main Road First American Title Insurance Company Cutchogue, NY 11935 of New York Zip No. W V W W 0 V 2 D K O b W N S V t s N ,4 l.•~ A d W IOXES5.77,fRU 9 MUST BE TYPED ORRINTED IN BLACK-INK ONLAOR TO RECORDING OR FILING: 1 SUFFOLK COUNTY CLERK 2 3 m Lr x3426 11680n614 L UPN ,~n~ ra ;Z5 Number of pages - ! F ° A Soo o JOvIo 0941 na = Serial # TRANci:ER TAX - z y SUrrOLK m Certificate # COUNTY Erie[ Qn 33 Deed / Mortgage Instrument Deed / Mortgage Tu Stamp Recording / Filing Stamps 4 FEES Page / Filing Fee \ 0//~~ ? Mortgage Amt. _ Handling J tu 1. Basic Tax _ TP-584 (9 `G) 2. SONYMA _ Notation Sub Total EA-5217 (County) Sub Total. 3. SpecdAdd. EA-5217 (State) TOT. MTG. TAX _ R.P.T.S.A. ,Dual Town _Dual County _ . Held for Apportionment _ Comm. of Ed. -5-.-00- k + ~ , • Transfer Tax X~ Affidavit Mansion Tas _ Certitied Copy The property covered by this mortgage is or will be improved by a one or two Reg. Copy _ Sub Total family dwelling only. ~y YES- or NO _ Other GRAND TOTAL If NO, see appropriate to clause on page M of this instrument. 4A5- Real Property'ras Service Agency Verification Title Company Information Dist Section Block Lot ~r 1000 137joC) 1, COQ 1715 ~C)U _ First Amerian Title Ins. Co. Company Name it ?OZ-i922 Title Number FEE PAID BY: 7 Cash_ Check )f Charge Gary Flanner Olsen, Esq. Payer same as R & R P. 0. Box 706 Cutchogue, NY 11935 OR: First Arrn: rican Title Insurance Company 8 RECORD & RETURN TO i 9] Suffolk County Recording & Endorsement Page This page forms part of the attached Deed made by: (Deed, Mortgage, etc.) nANIF1 F DUP iIS AS EXECUTRIX The premises herein is situated in SUFFOLK COUNTY, NEW YORK. South of d TO In the TOWN of DANIELE DUPUIS, INDIVIDUALLY Cutchogue In the VILLAGE S.nd+,d N. Y. a.'I U. Cmm 801S. 7-'P7-15M-Ex,,naonA g,~~,nCOPY CONSULT YOUR LAWYER BEF~SIGNING THIS INSTRUMENT-THIS INSTRU SHOULD BE USED BY LAWYERS ONLY. AGREEMENT, made the 16th day of August nineteen hundred and Sixty-eight BETWEEN SOUTHOLD SAAVIlOS BANK, a corporation organized Uhder the Laws of the State of Now York, whose principal office is at Southold, Town of Southold, Suffolk County, Now York, hereinafter' designated as the party of the first part, and m1PRI Re FOURNIER, residing at Stillwater Avenue, Cutchogue, Town of Southold, Suffolk Countyt Now Yor4 hereinafter designated as the party of the second part, WITNESSETH, that the party of the first part, the holder of the following mortgage and of the bond or note secured thereby: Mortgage dated the 15th day of April 1967 , made by Henri R. Fournier to SOUTHOLD SAVINGS BANS in the principal sum of 000600 and recorded in Liber 5138 ZZM EM of Mortgages, page H5 9 , in the office of the Clerk of the COunty of Suffolk on the 24th day of April, 1967 now a first' lien upon the premises situate at CutOhOgtle~ ''in tha'"Town `bf Southold- Gount~ of Suffolk and State of 'Now York known and designated as Lot's 19 and 105 on a certain map entitle., "Map of Section Two, Property o H. and" and filed in the Office of the Clerk of Suffolk County on May 12th, 1939 as Map Number 1280. and on which bond or note there is now due the sum of Thirteen Thousand Two Hundred Three and 41/100 U1 ,and 3041)dollars, with interest thereon, in consideration of one dollar paid by said party of the second pa , other valuable consideration, the receipt whereof is hereby acknowledged, does hereby extend the time of payment of the principal indebtedness secured by said bond or note and mort- gage so that the same shall be due and payable with interest on unpaid balances thereof to be computed from the date hereof at the rate of six (6%) per centum per annum in installments of $126.8 on the 15_t1kday of September, 1968, and thereafter in installments o 26.58 on the 16th day o each sub- sequent month until the 16th dey of August 1 ~ when unpaid balances of principal and interest, if any, s e due and payable. Said monthly payments of $126.58 shall be applied first to interest upon unpaid bal- ances of principal and the balance of each monthly payment shall be ap- lied on cco ci apex c and comply with all the other terms of said bond or note and mortgage as hereby modified. AND the party of the second part, in consideration of the above extension, does hereby assume, covenant and agree to pay said principal sum and interest as above set forth and not before the maturity thereof as the same is hereby extended, and to comply with the other terms of said. bond or note and mortgage as hereby modified. AND the party of the second part further covenants with the party of the first part as follows: 1. That the party of the second part will pay the indebtedness as hereinbefore provided. 2. That the party of the second part will keep the buildings on the premises insured against loss by fire for the benefit of the party of the first part; that he will assign and deliver the policies to the party of the first part; and that he will reimburse the party of the first part for any premiums paid for insurance made by the party of the first part on default of the party of the second part in so insuring the buildings or in so assigning and delivering the policies. 3. That no building on the premises shall be altered, removed or demolished without the consent of the party of the first part. 4. That the whole of said principal sum and interest shall become due at the option of the party of the first part: after default in the payment of any instalment of principal or of interest for fifteen days; or after default in the payment of any tax, water rate, sewer rent or assessment for thirty days after notice and demand; or after default after notice and demand either in assigning and delivering the policies insuring the buildings against loss by fire or in reimbursing the party of the first part for premiums paid on such insurance, as here- inbefore provided; or after default upon request in furnishing a statement of the amount due on the mortgage and whether any offsets or defenses exist against the mortgage debt, as hereinafter provided. An assessment which has been made payable in instalments at the application of the party of the second part or lessee of the premises shall nevertheless, for the purpose of this paragraph, be deemed due and payable in its entirety on the day the first instalment becomes due or payable or a lien. 5. That the holder of this mortgage, in any action to foreclose it, shall be entitled to the appointment of a receiver. 6. That the party of the second part will. pay all taxes, assessments, sewer rents or water rates, and in de- fault thereof, the party of the first part may pay the same. 7. That the party of the second part within five days upon request in person or within ten days upon request by mail will furnish a written statement duly acknowledged of the amount due on this mortgage and whether any offsets or defenses exist against the mortgage debt. 8. That notice and demand or request may be in writing and may be served in person or by mail. 9. That the party of the second part warrants the title to the premises. 10. That the fire insurance policies required by paragraph No. 2 above shall contain the usual extended cover- age endorsement; that in addition thereto the party of the second part, within thirty days after notice and demand, will keep the premises insured against war risk and any other hazard that may reasonably be re- quired by the party of the first part. All of the provisions of paragraphs No. 2 and No. 4 above relating to fire insurance and the provisions of Section 254 of the Real Property Law construing the same shall apply to the additional insurance required by this paragraph. 11. That in case of a foreclosure sale, said premises, or so much thereof as may be affected by said mort- gage, may be sold in one parcel. 12. That if any action or proceeding be commenced (except an action to foreclose said mortgage or to col- lect the debt secured thereby), to which action or proceeding the party of the first part is made a party, or in which it becomes necessary to defend or uphold the lien of said mortgage, all sums paid by the party of the first part for the expense of any litigation to prosecute or defend the rights and lien created by said mortgage (including reasonable counsel fees), shall be paid by the party of the second part, together with interest there- on at the rate of six per cent. per annum, and any such sum and the interest thereon shall be a lien on said premises, prior to any right, or title to, interest in or claim upon said premises attaching or accruing subse- quent to the lien of said mortgage, and shall be deemed to be secured by said mortgage. In any action or pro- ceeding to foreclose said mortgage, or to recover or collect the debt secured thereby, the provisions of law respecting the recovering of costs, disbursements and allowances shall prevail unaffected by this covenant. 13. That the party of the second part hereby assigns to the party of the first part the rents, issues and profits of the premises as further security for the payment of said indebtedness, and the party of the second part grants to the party of the fast part the right to enter upon the premises for the purpose of collecting the same and to let the premises or any part thereof, and to apply the rents, issues and profits, after payment of all necessary charges and expenses, on account of said indebtedness. This assignment and grant shall continue in effect until said mortgage is paid. The party of the first part hereby waives the right to enter upon said premises for the purpose of collecting said rents, issues and profits and the party of the second part shall be entitled to collect and receive said rents, issues and profits until default under any of the covenants, condi- tions or agreements contained in said mortgage, and agrees to use such rents, issues and profits in payment of principal and interest becoming due on said mortgage and in payment of taxes, assessments, sewer rents, water rates and carrying charges becoming due against said premises, but such right of the party of the second part may be revoked by the party of the first part upon any default, on five days' written notice. The party of the second part will not, without the written consent of the party of the first part, receive or collect rent from any tenant of said premises or any part thereof for a period of more than one month in advance, and in the event of any default under said mortgage will pay monthly in advance to the party of the first part, or to any receiver appointed to collect said rents, issues and profits, the fair and reasonable rental value for the use and occupation of said premises or of such part thereof as may be in the possession of the party of the second part, and upon default in any such payment will vacate and surrender the possession of said premises to the party of the first part or to such receiver, and in default thereof may be evicted by summary proceedings. 14. That the whole of said principal sum and the interest shall become due at the option of the party of the first part: (a) after failure to exhibit to the party of the first part, within ten days after demand, receipts showing payment of all taxes, water rates, sewer rents and assessments; or (b) after the actual or threatened alteration, demolition or removal of any building on the premises without the written consent of the party of the first part; or (c) after the assignment of the rents of the premises or any part thereof without the written consent of the party of the first part; or (d) if the buildings on said premises are not maintained in reason- ably good repair; or (e) after failure to comply with any requirement or order or notice of violation of law or ordinance issued by any governmental department claiming jurisdiction over the premises within three months from the issuance thereof; or (f) if on application of the party of the first part two or more fire insurance companies lawfully doing business in the State of New York refuse to issue policies insuring the buildings on the premises; or (g) in the event of the removal, demolition or destruction in whole or in part of any of the fixtures, chattels or articles of personal property covered hereby, unless the same are promptly replaced by similar fixtures, chattels and articles of personal property at least equal in quality and condition to those replaced, free from chattel mortgages or other encumbrances thereon and free from any reservation of title thereto; or (h) after thirty days' notice to the party of the second part, in the event of the passage of any law deducting from the value of land for the purposes of taxation any lien thereon, or changing in any way the taxation of mortgages or debts secured thereby for state or local purposes; or (i) if the party of the second part fails to keep, observe and perform any of the covenants, conditions or agreements contained in said mortgage or in this agreement. r % 15. That the lien of said mortgage is hereby extended so as to cover all fixtures, chattels and articles of per- sonal property now or hereafter attached to or used in connection with said premises, including but not limited to furnaces, boilers, oil burners, radiators and piping, coal stokers, plumbing and bathroom fixtures, refriger- ation, air conditioning and sprinkler systems, wash-tubs, sinks, gas and electric fixtures, stoves, ranges, awnings, screens, window shades, elevators, motors, dynamos, refrigerators, kitchen cabinets, incinerators, plants and shrubbery and all other equipment and machinery, appliances, fittings, and fixtures of every kind in or used in the operation of the buildings standing on said premises, together with any and all replacements thereof and additions thereto. 16. That the party of the second part does hereby assign to the party of the first part all awards heretofore and hereafter made to the party of the second part for taking by eminent domain the whole or any part of said premises or any easement therein, including any awards for changes of grade of streets, which said awards are hereby assigned to the party of the first part, who is hereby authorized to collect and receive the proceeds of such awards and to give proper receipts and acquittances therefor, and to apply the same toward the payment of the mortgage debt, notwithstanding the fact that the amount owing thereon may not then be due and pay- able; and the said party of the second part hereby agrees, upon request, to make, execute and deliver any and all assignments and other instruments sufficient for the purpose of assigning said awards to the party of the first part, free, clear and discharged of any encumbrances of any kind or nature whatsoever. 17. That the party of the second part is now the owner of the premises upon which said mortgage is a valid lien for the amount above specified with interest thereon at the rate above set forth, and that there are no defenses or offsets to said mortgage or to the debt which it secures. 18. That the principal and interest hereby agreed to be paid shall be a lien on the mortgaged premises and be secured by said bond or note and mortgage, and that when the terms and provisions contained in said bond or note and mortgage in any way conflict with the terms and provisions contained in this agreement, the terms and provisions herein contained shall prevail, and that as modified by this agreement the said bond or note and mortgage are hereby ratified and confirmed. 19. IN ADDXTION to the Stipulated payments herein specified, the party of the second part Shall have the privilege of making further payments on account of the principal in any one year to the extent of twenty (2044 er cent of the face of th~..p..._egreement. The party of the seco pares-nave the hart ei-Privilege of prepaying the balance of the principal indebtedness, with interest to the date of pay- ment which prepayment may be made on any of the principal due dates, ~ 1f1 / pro2ded however, that if such Brepa_ymeat is made _w.thin_.three (3) sears from the date of this agreemW, a party of the second part shall pay, z. as as oration for such privilege, a sum equal to one lqb) er cent 6 of the original amount of this agreement tngethep with_tU e s intt res o e unp prinb3pal-ba~ce, which such sum shall be in ad- u Justment-and i3at afaction 6f-theinferest of this agreement to the matur- ity date. t' 200 At the party of the first part's option, the party of the second part will pay a "late charge" not exceeding four (4%) per centum of any installment when paid more than fifteen (15) days after the due date thereof to cover the extra expense involved in handling delinquent pay- ments. This agreement may not be changed or terminated orally. The covenants contained in this agreement shall run with the land and bind the party of the second part, the heirs, personal representatives, successors and assigns of the party of the second part and all subsequent owners, encumbrancers, tenants and sub-tenants of the premises, and shall enure to the benefit of the party of the first part, the personal representatives, successors and assigns of the party of the first part and all subsequent holders of this mortgage. The word "party" shall be construed as if it reads "parties" whenever the sense of this agreement so requires. IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereto the day and year first above written. IN PRESENCE OF: . fa7 Henri R. F. isr 'Senr3"~ our r ` STATE OF NEW YORK, COUNTY OF SUFFOLK SRI STATE OF NEW YORK, COUNTY OF as: On the 16th day of August 1968 , before me On the day of 19 before me personally came personally came REM R. FOURNIER to me known to be the individual described in and who to me known to be' the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that ne executed the same, executed the same. 3P1111~ Wi,akb= STATE OF NEW YORK,'000NTY OF sUJ7Lg list STATE OF NEW YORK, COUNTY OF alit On they r - 9C before me on the day of 19 ~'fiw before me personally came • • JR• personally came tomeknown, ehad bgei y j5V0jv&r pbT and to me known, who, being by me duly sworn, did depose and gguh3folk, u7 O Oount t New York say that he resides at No. that he is the HOMage O eer that he is the of SOUMOLD SA NGS BANK of ,the corporation described the corporation described in and which executed the foregoing instrument; that he in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed knows the seal of said corporation; that the seal affixed to said instrument is such corpo e t it was so to said instrument is such corporate seal; that it was so affixed by order of the boap~o of said corpora- affixed by order of the board of directors of said corpora- tion, and that he signed W name thereto by like order, tion, and that he signed h name thereto by like order. ~O811111ilDlle li" Cxtenoion 2greement SECTION TITLE No. BLOCK LOT sormotb sAvnm Bm COUNTY OR TOWN SotTMLD TO REM Ro FOURNIER Recorded At Request of The Title Guarantee Company RETURN BY MAIL TO: STANDARD FORM OF NEW YORK WARD OF THE UNDERWRITERS William Y/SOkyams, Esq. DfmibxNd by Mattituck THE TITLE GUARANTEE COMPANY New York ~,~EQQ CNAmraracO loss IN NKW YORK Ja W V r LL W 0 Q rr C? r W 7 IN O N N f W NW , W - 4 Sulldard N.Y. B.T.U. F.,. 8013. 1-66-3M-Building Loan Bond-Individual or Corporation, COPY _ CONSULT YOUR LAWYE SIGNING THIS INSTRUMENT-THIS INS'in T SHOULD BE USED BY LAWYERS ONLY. KNOW ALL MEN BY THESE PRESENTS, That HENRI R. FCtJRNTER, residing at Stillwater Avenue, Cutohogue, Town of Southold, Suffolk 0ounty, New York, hereinafter designated as the obligor does hereby acknowledge the obligor to be justly indebted to 9V QLp SAVXKE BANX. a corporation organized under the Latta of the State of New 'forks whose principal off ioe is at Southold, Town of Southold, Suffolk County, New York, hereinafter designated as the obligee, in the sum of Fifteen Thousand and 00A00&•+a*M•• MYNI~rr.1Mw~wairwalriwlwarJ,~lr ($150 000,00). Dollars, lawful money of the United States, or so much thereof as may be advanced, which sum said obligor does hereby covenant to pay the said obligee, and the executors, administrators, successors or assigns of the obligee, on demand with interest thereon at the rate of six (6 per centum per annum. is >t~9CR>I¢': IT IS HEREBY EXPRESSLY AGREED, that the said principal sum shall at the option of the obligee become due on the happening of any default or. event by which,' under the terms of the, mortgage securing this bond or of the building loan contract mentioned in said mortgage, said principal sum mayor shall become due and payable; also, that all of the covenants, conditions and agreements contained in said mortgage and building loan contract are hereby made part of this instrument. This bond may not be changed or terminated orally. The word "obligor" or "obligee" shall be construed as if it read "obligors" or "obligees" whenever the sense of this instrument so requires. DATED the 15th day of April 1967- IN PRUENCa oir• Z4/ Hentri R~ 9hns+niww nearl ft, area or STATE OF NEW YORK, COUNTY OF Suffolk as: STATE OF NEW YORK, COUNTY OF' as: On the 3,5th day of April 19 67, before me On the day of 19 before me personally came personally came HTIJRI R. Ft)URtiIL~R to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same. executed the same. 0:4000 O Q y ! '=WILLIAM WICKHAIA NOTARY PUBLIC, STATE OF NEW YORK Y No. 52.4251000 Qualified in Suffolk Coaalr Tern expi- Ma1th'30, 1114q STATE OF NEW YORK, COUNTY OF as: STATE OF NEW YORK, COUNTY OF as: On the day of 19 before me On .the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and to me known, who, being by me duly sworn, did depose and say that he resides at No. say that he resides at No. that he is the that he is the of of the corporation described the corporation described in and which executed the foregoing instrument; that he in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so to said instrument is such corporate seal; that it was so affixed by order of the board of'directors of said corpora- affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. tion, and that he signed h name thereto by like order. o, ~ Y ~y~ 0 1'0 W 3 W z Y v a z ' 0 L- o ~LL~~a E-i 0 :_R 0 a Y O .w . F ~f d o s w < I ~ era z u H .a Q . 3 = ADVANCES OF PRINCIPAL ADVANCES OF PRINCIPAL. Date Amount By whom Received Date Amount By whom Rewired . _ ~1 V - ~ CONSULT YOUR LAWYER 0 SIGNING THIS INSTRUMENT-THIS INSTRUMF~OULD BE USED BY LAWYERS ONLY. a SECURITY TITLE AND GUAFANTY COPY Agrewriit made this 15th day of April, 1967 between residing at Stillwater Avenues Cutchogue, Town of Southold* Suffolk !County, New Forks hereinafter referred to as the borrower, and 002M 9I4VMAW_ 0 a corporation organism ad under the Laws at the State Of New York,- 'whose prinsipel office is at Soutboid, Tunny of Southold, Suffolk Qonuty, New York, hereinafter referred to as the lender, WHEREAS, the borrower has applied to the lender for a loan of Fifteen, Thousand and QQ~QQ+wtrw~Lw+r~.rrr+?~rrrwwww«n?rowwww~.wr+nw+,.Mw.w.r...r~Jl°IQQ~~(1~~ Dollars to be evidenced by bond of the borrower in a form to be approved by the lender conditioned for the repayment of the amounts advanced on demand with interest thereon at the rate of mix (60 per eoutan per annum, but that uSl2et7fiE8EK~Ss eFel+Be#eT~t said loan shall, at the option of the lender, be due on demand upon the happening of any of the contingencies hereinafter specified. NOW THEREFORE, the lender accepts said application and agrees to make said loan, and the borrower agrees to take it, upon the following terms and conditions: First.-Said loan shall be secured by one or more mortgages which shall be acceptable to the lender and shall be duly executed and acknowledged by all persons necessary to make them valid first liens on the premises described herein and upon all fixtures and articles of personalty attached to or which may hereafter be attached to or used in connection with said premises. Second.-Said loan shall not he made unless the title to the premises herein described is satisfactory to the lender. Third.-The borrower agrees to furnish a survey of the premises herein described made by a surveyor acceptable to the lender before the first advance is made, and the borrower also agrees to furnish, or the lender may procure, surveys made by a surveyor satisfactory to the lender whenever the same may be required by the lender. Fourth.-On the date set for making the first advance under this agreement the borrower agrees to pay the charges for the examination of the title, conveyancing and recording fees, appraisal, inspection and building loan service fees, architects', engineers' and surveyors' fees this day agreed upon, and also the recording tax and Federal revenue stamps. In the event that the title to the premises herein described is not satisfactory to the lender, or in the event of a breach of this contract by the borrower, then the charges for examination of the title, conveyancing, appraisal, inspection and building loan service fees and architects, engineers' and surveyors' fees shall, as ~t.a~t s p es. Fifth.-The borrower agrees to erect on said premises es ends n aooordanes with, plans and speoifisations submitted to the lender. Sixth.-The borrower agrees to furnish fire insurance in such amounts and in such companies as may be approved by the lender on the buildings to be covered by said mortgages from the date of the first advance until said loan is fully paid, and agrees to pay the premium therefor prior to the making of the said first advance. Seventh.-The borrower agrees to pay all future instalments of assessments, whether the same are liens or not, before the loan is made. Eighth.-Said loan is to be advanced at such times and in such amounts as the lender may approve, provided, in the judgment of its appraiser, the borrower is entitled to an advance, but the lender may require three days' notice in writing from the borrower before an advance shall be called for. Ninth.-The lender may at any time release portions of the mortgaged premises upon receiving what, in the opinion of the lender, is a proper payment on account of the mortgage debt. Tenth.-In any of the following contingencies or if any covenant of any of the bonds or mortgages be violated said mortgages shall be due on demand at the option of the lender and no further advances need be made by the lender, unless the lender shall otherwise elect:- (a) If the mortgages offered by the borrower shall not give to the lender a lien for the indebtedness to be secured thereby on the premises above set forth satisfactory to the lender. (b) If the lender shall not approve of the payment called for because of some act, encumbrance or question arising after the making of the preceding payment or because of some structural defect or omission not previously discovered. (c) If the borrower assigns this contract or said advances or any interest therein or if said premises be conveyed or encumbered in any way without the consent of the lender. (d) If any advance be not taken by the borrower within thirty days after it has been authorized by the lender. (e) If any of the buildings encroach upon the street or upon adjoining property, or violate the requirements of any Federal, State or Municipal governments or of any departments or bureaus thereof having jurisdiction, or if any adjoining building encroaches on the property herein described. (f) If the buildings be not erected with reasonable speed and in a workmanlike manner, and in accordance with plans and specifications satisfactory to and filed with the lender and approved by the Department of Housing and Buildings of the City of New York, or if the property is not within the City of New York, approved by the authority or department having jurisdiction thereof. (g) If the improvements on said premises be materially injured or destroyed by fire or otherwise. (h) If any materials, fixtures or articles used in the construction of the buildings or appurtenant thereto be not purchased by the owner of the land so that the ownership thereof will vest in said owner free from encumbrance on delivery at the premises. (i) If the owners of said premises do not permit a representative of the lender to enter upon said premises and inspect the buildings thereon at all reasonable times during construction. (j) If there shall be filedlby or against the borrower a petition under any of the provisions of the National Bankruptcy Act, or if the borrower be adjudicated a bankrupt or make a general assignment for the benefit of creditors or an insolvent assignment, or a receiver for. the borrower be appointed. Eleventh.-So much of the loan as may be required for that purpose may be applied at any time, if the lender so requires, to the payment, satisfaction, discharge or release of any existing mortgages, liens or encumbrances on the premises above described or to the payment of any fees, brokerage or other expenses incident to the obtaining or making of the loan contracted for. Twelfth.-The lender may employ a watchman to protect the buildings from depredation or injury, and the expense of so doing shall be deemed an advance upon, and secured by, the bonds and mortgages. Thirteenth.-If the construction of said buildings be at any time discontinued or not carried on with reasonable despatch in the judgment of the lender, said lender, whether foreclosing the mortgages or not, may purchase materials and employ workmen to protect said buildings so that the same will not suffer from depredation or the weather or to complete said buildings so that they may be used for the purposes for which they are designed under the plans and specifications, and the sums thus expended shall be deemed advances upon, and secured by the bonds and mortgages. Fourteenth.-If, before the lender has given the certificates of completion of the loan as hereinabove provided, there should be default by the borrower in the performance of this agreement or in the payment of the amount secured by any bond and mortgage given under this agreement, or in the performance of any of the covenants therein contained and action is commenced to foreclose any- such mortgage, then at the option of the holder thereof, all or any such mortgages may be foreclosed in either one or more actions, and any judgment of foreclosure obtained in any such action may direct that ,the mortgaged premises covered by all the mortgages sought to be foreclosed in that action be sold in one parcel. Fifteenth.-The borrower represents that he is the owner of the premises herein described. oomplete the addition to the Sixteenth.-The borrower further agrees to fully ~[StU[ buildings-odwItERNS on the premises herein described 3MM ZM3acf~ls*kM*UgptbE ets on or before August 15 s 1967 , and on the borrower's failure or neglect to do so for any reason, the lender, at its option, shall be relieved from its obligation to make the loan aforesaid, in which event the borrower agrees to pay the charges for examination of the title, conveyancing, appraisal, inspection and building loan service fees and architects', engineers' and surveyors' fees on demand. Seventeenth-The borrower covenants that he will receive the advances to be secured by said mortgages and will hold the right to receive such advances as a trust fund to be applied first for the purpose of paying the cost of improvement, and that he will apply the same first to the payment of the cost of improvement before using any part of the total of the same for any other purpose. R `v.y 1 Eighteenth.-The following statement is made pursuant to the provisions of the Lien Law: STATE OF NEW YORK COUNTY OF SOMIX ss.: FJ1VRII h? ~ being duly sworn, deposes and says that he is the p4giftbMa borrower in the within building loan contract. That the consideration paid or to be paid by the borrower for the loan described in this building loan contract is the sum of Fifteen Thousand and OOAOOOO*ar..wwwwm owowr($15soooooo) Dollars, and that all other expenses incurred, or to be incurred in connection with said loan are as follows: Brokers' commission Examination of title, conveyancing and recording fees 2.8.7...25............... Appraisal, inspection and building loan service fees Mortgage recording tax ..$.................75.•.00.............. Architects', engineers' and surveyors' fees Internal revenue stamp tax That after the payment of the cost and expense of the loan as above set forth, and of encumbrances and liens existing against said premises, which includes sums paid to take by assignment prior existing mortgage or mortgages, or the discharge or reduction thereof, taxes, assessments and water rents, the net sum available to the borrower for the improvement will be Fourte ri ~Th}OLt9aI~ 3 Hundred Thirty Seven and 7500------^-^----(;14,637.7 Dollars, less such amounts as may become due and payable for insurance premiums, interest on building loan mortgages, ground rent, ;axes, assessments and water rents accruing during the making of the improvement after the date hereof. Sworn to before me this 3,5'x, l u er day of April 19 67 8r; R } a . asr 2r 36?" Public ~3G1 ~ WILLIAM WICKHAM ,WOTARYPUBLIC, STATE OENEWYORIt Nn, 5?.425991,10 YM ` Qualificd ill Sldfolk county Te m c,prto Much 30, 116f The premises which are the subject df this agreement are situated in the County of :COU Vzown of S tatia W1d1, At Oatahogno , State of New York, krMM aa~d doaaiga20; as LOtI 103, 104 Utd 3.05 on a aertain map entitled* "Map of 6e6tion Twos Property of M• So Sand* and filed in the Off iee of the Mark of Suffolk donnty on May 1Mg 1934 an Map UMber 12$0, IN WITNESS WHEREOF, the parties hereto have signed and sealed these presents the day and year first above written. SOUTHOLD SAVINGS BANK SZ l4~Pt~ ,Zlt Pre. 4s P4 $enri R. Fournier *If executed by an individual, strike out the words "the president of the corporation described as" STATE OF NEW YORK STATE OF NEW YORK t COUNTY OF Saftolk ! ss'1 COUNTY OF ss.: On the .1$thday of A1222111, 19 67,, On the day of S 119 before me came d ` dt)!1{Y RMS to me known, before me came to me known, who, being by me dull sworn, slid depose and say t %aat w o, being by me duly sworn, (lid depose and say that he resides at Hilt It plop T V1011 Of 13QaY .1 he resides at in that he is the AKf4Cf trLO in ; that he is the of 1"L1% ~ Ji'MRident of the corporation described in and which executed, the the corporation described in and which executed, the foregoing instrument; that he knows the seat of said foregoing instrument; that he (mows the seal of said corporation; that the seal affixed to said instrument is corporation; that. the seal affixed to said instrument is such corporate seal; that it was so affixed by order of such corporate seal; that it was so affixed by order of the Board of r4etf"G of said corporation; and the Board of of said corporation; and that he signed h ! name thereto by like order. that he signed h name thereto by like order. 3-t-jam ]dins WILLI AM1 NOTARY PUBLIC, STATE OF NEW YORK No. 52-4259000 - Qualified in Suffolk County Term expires March 30, 1W1 STATE OF NEW YORK j STATE OF NEW YORK ss COUNTY OF9JP i7r'M S ss'r COUNTY OF On the *$th day of APIP11 '1967, On the day of 119 before me came R• PWRNU1R before me came to me known to be the individual described in, and who to me known to be the individual described in, and who executed the foregoing instrument, and acknowledged that executed the foregoing instnument, and acknowledged that he executed the same. he executed the same. xotw FUSIN WILLIAM WICKHAM NOTARY PUBLIC, STATE OF NEW YORK No. 52-4259000 Qualified in Suffolk County Term expires March 30, 19{ 1 wy C I t C 6 ue'. W r i CZ Z rc~. W 2! NW ~m Zz N -j Z N Z r r y m v Y „rzg~ p°a4 oiA Wo '0 Co lC ¢08 F.xY Z0.1 E C yi , Q Q= W O I N M W¢ ( LI 4¢ W s cc z t: 3 a1 env Zw x ~ ce ..O W Q p e z r ~,t w cc; W ¢ i u O C iV G .V 0 z NZ N N?~ Nyd •d b N S {N9 a of 4'l , z W S = C = i F a O a¢ e u rc ~L 0es V EM wY in J~a F r v Y o f R o Hi ~ u;"z F ° Iti(~ m or R~3 o u W 0 i u m o 0 M L W (7 ~ H Y L i O L u W 0 W W ~ b 0 L I W W e J ¢ J L l Sundazd N.Y.B.'I'.U. Bonn g0Vv6&B.dding Loan Mnngage-I...lwidu,l or Co,po,vion COPY _ CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRIMENT SHOULD BE USED BY LAWYERS ONLY. THIS MORTGAGE, made the 15th day of April nineteen hundred and SlXty+seven BETWEEN SyW= -R., FW d=0 residing at Stillwater Avenue, Outchogue, ':"M of Southold, Suffolk County, New York, the mortgagor, and SCC'ffi©Rlb SAVINGS BAIL. a corporation organized under the Laws of the State of New York, whose principal office is at Southold, Town of Southold, Suffolk County, Now York, the mortgagee, WITNESSETH, that to secure the payment of an indebtedness in the sum of 8if teen Thousand And 00/~OQM. +w~'b•+rr:?wrrww+rwrw~..~rr~r.r.rwwr.rw~ iS,CQC~dO? dollars, lawful money of the United States or so much thereof as may be advanced, to be paid With interest thereon x d~7nF hex according to a certain bond, note or obligation bearing even date herewith, the mortgagor hereby mortgages to the mortgagee ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being kZft at Glatahoguej, Town of Southold, County of Suffolk and State of New York, known and designated as Lots 103, 104 and 10 on a certain map entitled, "Map of Section Two, Property of M. S. Hand% and filed in the Office of t7aa Clark 02 Suffolk. County on May 12th, 1939 as Xv Number 1280. TOORMR with a right of Way 30 feet in width running between Stillwater Avenue and Eugene Creek and being located opposite Track Avenue for access to and from Eugene Creole by foot Only. i TOGETHER with all ri bt, title and interest of the mortgagor in and to the land lying in the streets and roads in front of and adjoining said premises; TOGETHER with all fixtures; chattels and articles of personal property now or hereafter attached to or used in connection with said premises, including but not limited to furnaces, boilers, oil burners, radiators and piping, coal stokers, plumbing nd bathroom fixtures, refrigeration, air conditioning and sprinkler systems, wash-tubs, sinks, gas and electric fixtures, stoves, ranges, awnings, screens, window shades, elevators, motors, dynamos, refrigerators, kitchen cabinets, incinerators, plants and shrubbery and all other equipment and machinery; appliances; fittings, and fixtures of every kind in or used in the operation of the buildings standing on said premises, together with any and all replacements thereof and additions thereto; TOGETHER with all awards heretofore and hereafter made to the mortgagor for taking by eminent domain the whole or any part of said premises or any easement therein, including any awards for changes of grade of streets, which said awards are hereby assigned to the mortgagee, who is hereby authorized to collect and re- ceive the proceeds of such awards and to give proper receipts and acquittances therefor, and to apply the same toward the payment of the mortgage debt, notwithstanding the fact that the amount owing thereon may not then he due and payable; and the said mortgagor hereby agrees, upon request, to make, execute and deliver any and all assignments and other instruments sufficient for the purpose of assigning said awards to the mortgagee, free, clear and discharged of any encumbrances of any kind or nature whatsoever. AND the mortgagor covenants with the mortgagee as follows: 1. That the mortgagor will pay the indebtedness as hereinbefore provided. 2. That the mortgagor will keep the buildings on the premises insured against loss by fire for the benefit of the mortgagee; that he will assign and deliver the policies to the mortgagee; and that he will reimburse the mortgagee for any premiums paid for insurance made by the mortgagee on the mortgagor's default in so insur- ing the buildings or in so assigning and delivering the policies. 3. That no building on the premises shall be altered, removed or demolished without the consent of the mortgagee. 4. That the whole of said principal sum and interest shall become due at the option of the mortgagee: after default in the payment of any instalment of principal or of interest for fifteen days; or after default in the pay- ment of any tax, water rate, sewer rent or assessment for thirty days after notice and demand; or after de- fault after notice and demand either in assigning and delivering the policies insuring the buildings against loss by fire or in reimbursing the mortgagee for premiums paid on sueh insurance, as hereinbef ore provided; or after default upon request in furnishing a statement of the amount due on the mortgage and whether any off- sets or defenses exist against the mortgage debt, as hereinafter provided. An assessment which has been made payable in instalments at the application of the mortgagor or lessee of the premises shall nevertheless, for the purpose of this paragraph, be deemed due and payable to its entirety on. the day the first -instalment becomes due or payable or a lien. 5. That the holder of this mortgage, in any action to foreclose it, shall be entitled to the appointment of a receiver. 6. That the mortgagor will pay all taxes, assessments, sewer rents or water rates, and in default thereof, the mortgagee may pay the same. 7. That the mortgagor within five days upon request ~in person or within ten days upon request by mail will furnish a written statement duly acknowledged of the amount due on this mortgage and whether any off- sets or defenses exist against the mortgage debt. 8. That notice and demand or request may be in writing and may be served in person or by mail. 9. That the mortgagor warrants the title to the premises. 10. That the fire insurance policies required by paragraph No. 2 above shall contain the usual extended cover- age endorsement; that in addition thereto the mortgagor, within thirty days after notice and demand, will keep the premises insured against war risk and any other hazard that may reasonably be required by the mortgagee. All of the provisions of paragraphs No. 2 and No. 4 above relating to fire insurance and the provisions of Section 254 of the Real Property Law construing the same shall apply to the additional insurance required by this paragraph. 11. That in case of a foreclosure sale, said premises, or so much thereof as may be affected by this mort- -giag'cR,'inay be sold'in one parcel , 12. That if any action or proceeding be commenced (except an action to foreclose this mortgage or to collect the debt secured thereby), to which action or proceeding the mortgagee is made a party, or in which it becomes necessary to defend or uphold the lien of this mortgage, all sums paid by the mortgagee for the expense of any litigation to prosecute or defend the rights and lien created by this mortgage (including reasonable coun- sel fees), shall be paid by the mortgagor, together with interest thereon at the rate of six per cent. per annum, and any such sum and the interest thereon shall be a lien on said premises, prior to any right, or title to, interest in or claim upon said premises attaching or accruing subsequent to the lien of this mortgage, and shall be deemed to be secured by this mortgage. In any action or proceeding to foreclose this mortgage, or to recover or collect the debt secured thereby, the provisions of law respecting the recovering of costs, disburse- L ments and allowances ~evail unaffected by this covenant. 13. That the mortgagor hereby assigns to the mortgagee the rents, issues and profits of the premises as further security for the payment of said indebtedness, and the mortgagor grants to the mortgagee the right to enter upon and to take possession of the premises for the purpose of collecting the same and to let the premises or any part thereof, and to apply the rents, issues and profits, after payment of all necessary charges and expenses, on account of said indebtedness. This assignment and grant shall continue in effect until this mortgage is paid. The mortgagee hereby waives the right to enter upon and to take possession of said premises for the purpose of collecting said rents, issues and profits, and the mortgagor shall be entitled to collect and receive said rents, issues and profits until default under any of the covenants, conditions or agreements contained in this mort- gage, and agrees to use such rents, issues and profits in payment of principal and interest becoming due on this mortgage and in payment of taxes, assessments, sewer rents, water rates and carrying charges becoming due against said premises, but such right of the mortgagor may be revoked by the mortgagee upon any default, on five days' written notice. The mortgagor will not, without the written consent of the mortgagee, receive or collect rent from any tenant of said premises or any part thereof for a period of more than one month in advance, and in the event of any default under this mortgage will pay monthly in advance to the mortgagee, or to any receiver appointed to collect said rents, issues and profits, the fair and reasonable rental value for the use and occupation of said premises or of such part thereof as may be in the possession of the mortgagor, and upon default in any such payment will vacate and surrender the possession of said premises to the mortgagee or to such receiver, and in default thereof may be evicted by summary proceedings. 14. That the whole of said principal sum and the interest shall become due at the option of the mortgagee: (a) after failure to exhibit to the mortgagee, within ten days after demand, receipts showing payment of all taxes, water rates, sewer rents and assessments; or (b) after the actual or threatened alteration, demolition or removal of any building on the premises without the written consent of the mortgagee; or (c) after the assignment of the rents of the premises or any part thereof without the written consent of the mortgagee; or (d) if the buildings on said premises are not maintained in reasonably good repair; or (e) after failure to com- ply with any requirement or order or notice of violation of law or ordinance issued by any governmental depart- ment claiming jurisdiction over the premises within three months from the issuance thereof; or (f) if on application of the mortgagee two or more fire insurance companies lawfully doing business in the State of New York refuse to issue policies insuring the buildings on the premises; or (g) in the event of the removal, dem- olition or destruction in whole or in part of any of the fixtures, chattels or articles of personal property covered hereby, unless the same are promptly replaced by similar fixtures, chattels and articles of personal property at least equal in quality and condition to those replaced, free from chattel mortgages or other en- cumbrances thereon and free from any reservation of title thereto; or (h) after thirty days' notice to the mortgagor, in the event of the passage of any law deducting from the value of land for the purposes of taxation any lien thereon, or changing in any way the taxation of mortgages or debts secured thereby for state or local purposes; or (i) if the mortgagor fails to keep, observe and perform any of the other covenants, conditions or agreements contained in this mortgage or of those contained in the building loan contract hereinafter mentioned. 15. That the mortgagor will, in compliance with Section 13 of the Lien law, receive the advances secured hereby and will hold the right to receive such advances as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improve- ment before using any part of the total of the same for any other purpose. 16. This mortgage is made pursuant to a certain building loan contract between the mortgagor and the mortgagee dated tdlis day 2M , and intended to be filed in the office of the Clerk of the County of Suffolk on or before the date of the recording of this mortgage, and is subject to all the Strike oat provisions of said contract as if they were fully set forth herein and made part of this mortgage. clause 17 if inapplicable. This mortgage may not be changed or terminated orally. The covenants contained in this mortgage shall run with the land and bind the mortgagor, the heirs, personal representatives, successors and assigns of the mortgagor and all subsequent owners, encumbrancers, tenants and subtenants of the premises, and shall enure to the benefit of the mortgagee, the personal representatives, successors and assigns of the mortgagee and all subsequent holders of this mortgage. The word "mortgagor" shall be construed as if it read "mortgagors" and the word "mortgagee" shall be construed as if it read "mortgagees" whenever the sense of this mortgage so requires. IN WITNESS WHEREOF, this mortgage has been duly executed by the mortgagor. IN PRESENCE OF: /s~~A &~an+~!!wr r STATE OF NEW YORK, COUNTY OF ,SuffOlIr ss: STATE OF NEW YORK, COUNTY OF Ss: On the 15th day of April 1967 , before me On the day of 19 before me personally came nli R* F"i`ity+Ii~B personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same. executed the same. O Rvy PWIC WILLIAM WICKHAM - ` NOTARY PUBLIC, STATE OF NEW YORA No. 52-4259807 Qualified is Suffolk County 'Terri."ta , 1'Matetr 38,-t4E STATE OF NEW YORK, COUNTY OF SS: STATE OF NEW YORK, COUNTY OF as-. On the ' day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No, whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. Aluilbiug iOAR ;%Ottosgc SECTION TITLE NO. BLOCK 4~ LOT 9MMI RE ~FWFXimn COUNTY OR TOWN Of Southold TO SWTHOLD SAVI GS BANTi Recorded At Request of The Tide Guarantee Company R13TURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS William yE F/ickha 4o ~Qo Diuributed by Mattitucks Now York THE TITLE GUARANTEE COMPANY e CNARTLRLO /ILL /N.NLW YORK Zip NOu9S2 W V W LL 0 tD of of Q V W LL W N 0 LL W u a a N N S F- W W a _ C, A9 uPU s ~n~Kf1vENi~ J¢n.e/e AUPU/$ no aox a ea. 3si 00 S+;IIWQtcv, 83. 35J k Cu~4-oo u.e- IV `I I sib- 3 53Z p~AP rJEG'r IJDtj T WdY$ r-tANb 2 cR iY o oP rApP,4o. tD-60 f1R P SECT ION 7 cv / l ~tec1 nP"I li- X9,"1 Its H a Iv D hR N o i]. d o lY~ ~1~ I~ 19 9 No , 03 I S O. 03 03 so 0 3 6~r 6Fr SYoc a-'dry: Gv'iv cE L O cf* C©T. F~Nrc ~I DoT i a G L oT 10 4 DoT /03 LoT i 0 c I I iJ I a a I a. I v II C I r. I I ~ a I V ~ I I I Al' LAASSZSSMI IIGFT chc6f, mom FENCE - - - - I- ~ I 15 ~V/ G~Ggt~ /ice M M I ~ N- p ~6 t, I I I 1 usC ~ - ~ - i I~ EK~$ru~G %10 - - -('RoPoS~ IJ 6 as ! tl oust r? - 7iYp,,~ Ii I 2'' ~c 3 ~ ~ I t I 3p I ~ if ~ ~I• ill ~ 48 n' I s I I ~ i e1 I i Zar i03 Lor 104 z /05- LO r 106 LOT /off eoT jo8 J SO 50 50 so SO STILL wAIEA, ~i 150 OT z -~E ay a~~ s~,t DAN'I. ~UP'Uis S-FI L! Cf_z A -T A V L N U E ~ , ~ ( c; - 7 I