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Home My WebLink About4426 APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Appl. No. 4426 ACTION OF TIlE BOARD OF APPEALS 10/17/96 APPLICANT: ESTATE OF VIRGINIA MOORE-MOSS (Janet Swanson, Trustee) LOCATION OF PROPERTY: 1050 and 952 ttyatt Road, Southold. COUNTY TAX MAP DISTRICT 1000, SECTION 50, BLOCK 1, LOT 12. APPI,ICABI,E PROVISIONS OF ZONING CODE: Article II, Section 100-26. BASIS OF REQUEST: Waiver' for undersized lots identified as District 1000, Section 50, Block 1, Lot 12, and Lot 13, which are "merged due to common ownership as determined by the Building Inspector ander his Action of I)isat)prowd deled September 24, 1996. District: R-40 Residential. ltcasons for Denial of Waiver: I. The two areas have been merged and joined as a single lot totaling a/~oo~ square feet in area,~" ..... this R-40 Residential Zone District. 2. The request for waiver of this lot size is not consistent with the surroanding area. 3. The record is not substantiated by economic hardship (original purchase price and other), and the Trust (Estate) is still able to use the land which has been joined with the house as a single, entire parcel. 4. Opposition and testimony received during the hearing. MOTION MADE BY R. Villa SECONDED BY S. Doyen ACTION/RESOLUTION ADOPTED: Denied. VOTE 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 history of deed conveyances up until time of death of one of the owners and other factual testimony. ) Tt-[E SOL7_._ }_rDi~ouRTOWN CLERI[ ~GERARD P. GOEHRIN~R, C~AIR~N To~,:_ :':;rS, Town cf 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 THURSDAY. OCTOBER 17 1996 commencing at the times specified below, or as soon thereafter as time permits: 7:30 p.m. Appl. No. 4407 - HUGH and ROSEMARY MURPHY. Carryover from 9/19/96 and 8/21/96. 7:32 p.m. Appl. No. 4423 - ARTHUR FOSTER. Based upon the September 18, 1996 Notice of Disapproval issued by the Building Inspector, applicant is request a Variance under Column iii of the Bulk Schedule, Article III, Section 100-32 (R-80 Residential Zone District), for approval of the substandard lot depth (and if necessary, substandard frontage (width) along Cox Neck Road of proposed Lot #2) in this proposed cluster division. Property Location: Approximately 933 feet south of the intersection of Bergen Avenue, along the westerly side of Cox Neck Road, and running westerly over a private right-of-way. County Parcel ID #1000-113-07-P/O 19.14 (P/O former 19.6) at Mattituck, NY. 7:37 p.m. Appl. No. 4410 - GARY SACKS and A SCHLESINGER. Based upon the July 16, 1996 Notice of Disapproval issued by the Building Inspector, applicants are requesting a Variance under Article Y.YIII, Section 100-239.4B of the Zoning Code, for approval of the proposed setback of a deck addition to dwelling which will be located within 75 feet of the bulkhead (and for approval of deck at the northerly side yard setback). Location of Property: 125 Mesrobian Drive, Laurel, NY; County Parcel #1000-145-4-7. This parcel is substandard in size with 14,261 sf of lot area and frontage of 68.4 ft. along Mesrobian (private) Drive. 7:42 p.m. Appl. No. 4421 - HENRY TRAENDLY. Based upon the July 12, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a Variance under Article VXHI, Section 100-231 of the Zoning Code, for approval of excessive height, above four ft. for a berm-fence combination as presently located in the front yard at 13220 Main Road, East Marion, NY; County Parcel #1000-31-14-12. 7:45 p.m. Appi. No. 4425 - CISELA MORCHEL. This is an application requesting a Special Exception for an Accessory Bed and Breakfast Use in the applicant's residence at 26405 Main Road, Cutchogue, NY, for the renting of three bedrooms and serving of breakfast to not more than six transient roomers. County Parcel #1000-109-2-13.5, Lot #1 shown on the Map of Ralph and Theresa Asselta Minor Subdivision, with frontage along Crown Land Lane, at Cutchogue. This lot consists of 21,642 sf. and is located in the R-40 Residential Zone District. 7:50 p.m.. Appl. No. 4427 - WILLIAM P. SCHOLL. Based upon the September 24, 1996 Notice of Disapproval of the Building Inspector, applicant is requesting Waivers under Section 100-26 of Article II of the Zoning Code for (three) lots created by deed prior to April 1957 and which undersized lots have joined due to common ownership after July 1, 1983. Location of Property: Bungalow Lane and Center Street, Mattituck, NY; County Parcel Nos. 1000-123-2-17.1, 17 2, 18. Each if presently improved with a single-family dwellinal. Zone District: R-40 Residential. 8:00 p.m. Appl. No. 4426 -JANET SWANSON AS TRUSTEE of VIRGINIA MOORE TRUST. Based upon the September 24, 1996 Notice of Disapproval issued by the Building Inspector, applicant is requesting a two Waivers under Section 100-26 of Article 11 of the Zoning Code for an undersized lot created by deed prior to December 1, 1971, and another undersized lot created by deed prior to April 9, 1957, which lots are in an Estate/Trustee ownership and therefore will be, or already have been joined by this hearing date, due to common ownership. Location of Property: Hyatt (private) Road, Southold, NY; County Parcel 41000-50-1-12 & Zone District: R-40 Residential. 8:05 p.m. Appl. No. 4401 - DAVID DEFRIEST as Tenant. (Mr. and Mrs. Joseph Gnozzo, as Owners.) Request for Variance based upon the June 3, 1996 Building Inspector's Notice of Disapproval under Article VIII, Section 100-81A, for a Use Variance, due to discontinuance of former nonconforming use as a service station with gasoline sales evidenced by issuance of a Certificate of Occupancy. The grounds for which the June 3, 1996 action was issued are: Automobile rental use is not a permitted use in this Limited Business (LB) Zone District. Location of Property: 73265 Main Road, Greenport, NY; County Parcel No. 1000-45-3-2. Size: 5+ acres. The Board of Appeals will hear any and all persons or their representatives in the above applications. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearing(s) will not start before the time designated, and a few may be carryover hearings. The files are available for review during business hours, and may be reviewed for updates until about 3:45 p.m. on the date of the scheduled hearing. If you have questions, please do not hesitate to call 765-1809. Dated: October 1, 1996. BY ORDER OF THE SOUI'HOLD TOWN BOARD OF APPEALS Gerard P. Goehring_er. Chairman By Linda Kowalski fr)IIM Nq,7 • IOWN OP SolI. II)l,I) BUILDING U[;I'ARIMEN '1' 'I OWN (f,LKI;'S Ufl*ICI, SOUIIIOL.), N.Y- NO IR P. OF DISAITROVAI, y~-J ^yG /'v IgOK i3s PL.I.ASIi VA KF NOI I(:I; IIIeI polo nlrplir;nlfon defect ....,19 ~.k? for p"Imil Lor,;ltion of PIopm(y /0 /lrrucn Alp. - . Shnnl Nar rlnr Ccnmfy l;lx tlnlr No. Iwo S1,171 ion of Illnck Lots'.. Suhdivicion . . . . . Filed NInp No I of No. is 'foincil licirwilll end dMippiov( on f1w following Ipoumlc O~X '~.,,/~D.-?'S!~7.(/)ofgSLfjl~fs ~o~arC~ - / '3~ Hui_Icliny :C~51iecCor. RV I/Ro kU11tv11~U.1 ) SEIy OF I'I,.\i15 TOWN Or SOUhIIOLD sult4y BUILDING DEPAIITMENT CIICCK . 'TOWNIIALL, sCPT Ic rul(11 SOUIIIOLD, N.Y. 11u71 'I r 1-! 706 1002 Ito r I P Y; CAI. I . lixnnrlned 19... HA 11. T01 Approved 19 I'ermll No........... . Disappioveda/c (Ilullding Inspector) APl'LICAI ION rOll l1UILDINO 11El1MIT Dale ,September 12, I~6. INSTRUCTIONS n. 'This appllcnllon most be tompletely fillet) III by lyirewilter or In Ink told submllled to (lie Iiullillug Inspector, with sets of plans, nceornle plot plan to settle, fee ncuotdhlg lri ecbedule. b. I'lol plall showbig locn(loll of lot and of bulidiugs`ou pteotlses, relnllunshlp to nd)olubng ptemises or public slree cir areas, nod giving it delnoe(I dOscllpiion of layout of ptriiictly Inns( be drown oil like dinginnl widen Is linrl of I111s "pill cnllon. I,,! , c. The work coveted by Bile applien11011 nlny 1101 be co)hnience(I before issuitnce of I)Idlditlg Permit. d. Upon npprovnl of Ihls appllcnllon, the 111111ding InspaCtrit will Issued n Building I'ermll Io line npplicnnl. Such peen shall be kept on the premiseg available for (nspeclioa Illroughoul Ilia work. e. No bulldlog shell be occupled or Irsed In whole or III lint( tot oily purpose whatever unlll n Cer(iflen(e of Occol on shall 11"ve been grunted by the Uollding Inspeclor. APPLICATION IS IILKIWY MADE to (lie Ilulldhlg Depaninent for Ilse Issutnlce of n Uuildtng Porloll parsunnl to II Dullding Zone Onlhnnnce of file'Iowtl of Solnthold, Sulfuik County, New Yoik, nod olhet npplicnbie Lnws, Ordlunnces r Regulations, for Ilia cunstmellvn of buildings, addlllons ur ahoralions, or for removal or demolllloo, ns herein desctlbei The nppllcnul "glees to comply wllh nil applicable Incas, otdlannces, bull(Iing code, housing code, "rid regulnllons, rind I "do"ll 0111IIOtizecl Inspectors on pleulises and In bollding for necessary III Illeellolls./41 ~ (SI "e(ute o npplicnnl, or "nine, If n Cot potnlloll) c/o Doty, PDB 1181, Cutchgpuq,.N..1.1.935,,., (Alniilog nddtess of appllcni l) Slate whelliet nppllcnul Is owner, lessee, ngenl, 010111lecl, engineer, geoefnl coal""ctor, clechICinu, plumber of bldllle Trustee of Virginia Bennett ,N(oore, ,(ja/)c/A virgiia Bennett Moore Moss.). Trust None of owner of premises Virginia Bennett, Moore. Txust,,(see. attached. letterd....... , (fig on 1110 (nx roll or tales( deed) If nppllcnul Is a corpor"Iloo, slgna(ure of duly nulhorized ()inter. (Name nod titre of cotpmnte officer) 111111def's I,Icense No. N/A Plumber's License No. NIA Flectnicinn's License No. WA Olhcr'Trrlde's License No.N/a I. Locnlluo of load on which IiioOuaed wink will be done . . Southold 952.&.1050.Hyatt.Road.......................... Ilouse Number Street Iianllel County Tnx Map No. 1000 Seclloo"`.'; ;':'t Illock' , . Lot . , I;!, 13........ . 1,w •A,:4 Jlit 1. ~',:.I u•.il aril ,i, SubdIvIslotl ; , , i . , .'•I. 1'1 i 14 , . Idled Map No. . , r. , Lot . . (Noma) 2. Shale exlsllog use mid occupmncy of preollses and lo(e nded use nail occupancy of proposed cons(IocIloll! n. Existing use nod uccupfiocy , 12 (residential - vacant) ; 13 (residential) , , , , , , . b.luleuded us0 muloccupmlcy $arpq YTOO NN OM of W . ;,:3 m~sirtmo,i J. Nnllne of work (check which appllcNow Ihtliding Addlllo• , Allerallon Itepalr Itemovnl Demoll(lon Other Work (Deserlpl loll) 4. Lsllnlnled Cost Fee...................................... (lo be paid Oil I'lling [Ills split Ica 11011) S. If dwelling, 1111n1ber of dwelling 1111118 N11ulher of dwelling mills on elicit floor If garage, r11tt116er of Cara • • • . 6. If business, conunerehd or mixed occupancy, specify nature and exlenl of elicit lype of Ilse 7. Dinlensio11s of existing structures, If any: front . . Rear Depth Ilelghl Number of Strides , . D1111011slons of Baltic shuclure wllh nllernllons or liddiflons; hroIli Rest Depth Ilelghl Number of Sloties It. Dimensions of enllre new florist rnclloll: front Rear Depth lleight Number of Stones , . 9. Size of Nil; hronl Rear Depth 0. Dale of Ihtrchnso sap. lv*t~lr . . . little of hornier owner 52 letter.................. . 1. 'Lino of Ilse dlslrlcl In which preIlllses are sil11nietl . 2. Does proposed consiruellon violate any zo111118 law, or(IhuIllce or regulallon, ,Yes 700-26 J. Will lot be regrnded WIII excess fill be romovod from 1) remises: Yes No 4. Name of Owner of premises , . Address Phone No....... . Name of Archllecl . . Address Phone No. . (Jame of Coulrnclor r...... Address , 'hone No............ , , . . i. le Lhlu property uilhl.n 700 feel of if t1dal wetland? AYes........ No.X........ Alf yea, Southold Town Truarees Permit may be required, PLOT DIAGRAM Locale clearly fi11d distinctly ail buNdings, whelller existing or proposed, and. Indicate all set-back dimensions from roperiy Ilnes. Give street and block member or descripllon according to deed, and allow street names still Indlcele whether lellor of corner lot. I 'ATI! OF HUM Y01(h. MillFYOf...Suffolk,,,,,,, . ...JANEP, T.- , !A'7mWN : being duiY sworn, deposes pad says Thal ha Is file appllcaitl . , , , (Nanne of Individual signing cooiracl) ive named. Is the ..Trustee of Virginia Bennett Moore Trust (Cotilractor, agent, corporate officer, etc.) said owner or owners, still Is duly aulhorized to perform or have performed file Bald work still to make and file Ills plicollo11; Ilia( fill siatcniellis contalned In II1Ia ppplieaNoll s1'e Irlta to Ilia best of ills knowledge amd belief; still Ilia( the A will be performed lu the mauler set forih In (he appiicollon filed therawiili. Curti to before like this ...12th . ...(lay of .Septenfber i) ,96 lafy Public, ,Suffolk County Ail ldn \ IIM6 V d Narr York Na0OQM1!-liulblkCc• - , ( . . ~ OsmNaalonl ifsa6elnr aer i4q n IS1811111 nre 0 f oppllennl) REMOVED S '2 5 1996 APPLICATION FOR WAIVER UNDER SECTION 100-26 swaft""n" iew 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: R40 The size requirement for this zone is: 40,000 square feet per parcel. County Tax Map Parcel Nos: 1000 - 50 - 1 - 13 & 12 I (we), Janet T. Swanson, as Trustee for dece s-A , as owners of the contiguous lots shown on the attache deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II, Section 100-26 of the Southold Town Zoning Code. I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: 1. Copies of my recent tax bill for both (all) lots. 2. Copies of deeds dated prior to June 30, 1983 for all lots. 3. Copies of current deeds of the parcels under review. 4. Copy of the current County Tax Map for my neighborhood. 5. $150.00 application check which is not refundable 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. Janet T. Swanson, as Trustee, by Deborah Doty, as attorney (Applicant and owner) J~aS~~QT~ (App c licant and Owner) Sworn to before me this day of September 19 96 - .~.cLui yJ JUDYL OKEEFE N t ar Pub I i s N& 3049000#N @WYfflk Q"%d M Mom CMW Op lan emb" Jub 19.1k1 A Waiver is hereby approved denied (delete appropriate action) based upon the above documentation. Issued by Reasons for application(to continue on next page). See annexed letter to Thomas Fisher, Southold Town Building Department, dated zbata.w1295 September 12, 1996. APPLICANT'S REASON #1: APPLICANT'S REASON #2: (PLEASE USE ADDITIONAL SHEETS if needed.) AWN OF SOUTHOLAROPERTY RECORD CARD OWNER STREET ? VILLAGE DIST. SUB. LOT c~ iaie 4e~Ne M46 /%X -a 06 S a U1yr1 b /V FO MER OWNER N E i ACR. c/ A T, f)R n/Ai? ~ANa Co $ G G VT Zp S W TYPE OF BUILDING rlfARIVA h(. ES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS M/ 0,0 7LO ov 3 ez G 3 1~~ sFe 3is23 7 A~YAi/dANe- o- V~4 /~levre1os.s. i AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre illable 1 illable 2 illoble 3 /oodland .vampland FRONTAGE ON WATER rushland FRONTAGE ON ROAD ouse Plot DEPTH BULKHEAD 7tol DOCK T&N OF SOUTHOLD COPERTY RECORD CARD ~ - OWNER -STREET j``i,,~( VILLAGE DIST.1 SUB. LOT oI ORMER pOWNED N E N y, ACR. S r WTYPE OF BUILDING F/,Y, Z 5T I'` /veo S.)) SEAS. VL. FARM C MM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS 'o~.v7- /Piy gN'7a r1 o C~ ~/Y G F/C 4 7 7 I cJ~ O /(c „SA~ .3600 F ~~ty IF. A,P//9/?4 U / /V, yja ~ ~ 'J. ~ f-'~ '~~oP ?i'ocF+: - J G O = o- c ~ L/ d u'-_~ l I / O I I I i AGE BUILDING CONDITION EW NORMAL BELOW ABOVE 4RM Acre Value Per Value Acre loble FRONTAGE ON WATER ,odland FRONTAGE ON ROAD odowland DEPTH _ - j ruse-pi* BULKHEAD to l• DOCK g COLOR G R Iq TRIM w H/ 7-6:' _ ! I I - 4' I i I 1 S - ' I I I{ I rbT ~ I; i Bldo. d a o ! --I X32 u~o 19<5~I ! 8 aension 77 I tension ! ! ! I rt r /S- tension Foundation C Bath / Dinette rch c o ~o Bosement Floors o Ki K -7 6 rch Ext. Walls ! DOD Interior Finish LR. 61.11"16, W/' L L R eezeway I lFire Place E s Heat A DR. rO9_ (Type Roaf Rooms 1st Floor BR. _'O Recreation Room Rooms 2nd Floor FIN. B B. Dormer Driveway tal--- L3z i • iC MAP OF P <OPE RTY SURVEYED =~?2 i AT i _ I 70 U'. HC~.D i rQb rJ OF SGTI lQ.D iv. Y. t~ARNAt~t-ANO. UM19;pf £ InR~`~ ~ - ~ ~ r! _ _ c YEI1d VU9 QpU~~ ~ I 5_6I iE, E. 236.8 3~ 9t9 m~rx 69 9L-, ' 4nd On his ~I~ _ e •em-~. - 'a ! CLOY JEil-HQ• O S 1 CG~iGR. FO , ~ 40 30 z" C! 7 Jyfc5T1} O $ Tf IL flt L"i f 7 i i Milo O C9 t l \ SC ALF---40 - ArEA°..25330((a 582AC.) t b aizcnrwtii MS cn m O MONUMENT." ` I U _15 _i-(GliT :OF WAY 9Q0', / - - - f L TLIGHT OF waY~ - - I ~ ~ ~ `tom ; ~ NE CPGE " I e K 55~6A!~,J 1S V, F As S! rZVEYED ~AN.Izigg~ 20~` ~1C~L `,lAt\~ ? JY! -pc. S'v`rF. ~G, TA,X. NTAP D:-,Th ISO -y,,t - i • ; 3 _ i SIC. ~A'•.:~ ~al1RV_vp c i ?5 GREENPOR7 N.Y: I 4 ~~2 ,gy APPEALS OARD BERSOFFO(~ d Oro ~~G Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen °w x P.O. Box 1179 James Dinizio, Jr. O g Southold. New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 N BOARD OF APPEALS TOWN OF SOUTHOLD November 6, 1996 Deborah Doty, Esq. P.O. Box 11&1 Cutchogue, NY 11935 Re: Appl. No. 4426 - Denial of Lot Size Waiver Request, Sec. 100-26 Dear Ms. Doty: As per our telephone conversation the other day, 1 am enclosing a copy of the action of denial rendered by the Board of Appeals at our October 17, 1996 Regular Meeting, with a correction of the computer processing (typo) error at paragraph #1 initialed on the original 11-6-96, on file with the Town Clerk's Office. Very truly yours, Linda Kowalski Enclosure t APPEALS BOARD MEMBERS OSVFF01,f O~ OG Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen ~a x P.O. Box 1179 James Dinizio, Jr. " Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora 1a Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. No. 4426 ACTION OF THE BOARD OF APPEALS 10/17196 APPLICANT: ESTATE OF VIRGINIA MOORE-MOSS (Janet Swanson, Trustee) LOCATION OF PROPERTY: 1050 and 952 Hyatt Road, Southold. COUNTY TAX MAP DISTRICT 1000, SECTION 50, BLOCK 1, LOT 12. APPLICABLE PROVISIONS OF ZONING CODE: Article II, Section 100-26. BASIS OF REQUEST: Waiver for undersized lots identified as District 1000, Section 50, Block 1, Lot 12, and Lot 13, which are "merged due to common ownership as determined by the Building Inspector under his Action of Disapproval dated September 24, 1996. District: R-40 Residential. Reasons for Denial of Waiver: 1. The two areas have been merged and joined as a single lot totaling #Pooot' square feet in area,( in this R-40 Residential Zone District. 2. The request for waiver of this lot size is not consistent with the surrounding area. 3. The record is not substantiated by economic hardship (original purchase price and other), and the Trust (Estate) is still able to use the land which has been joined with the house as a single, entire parcel. 4. Opposition and testimony received during the hearing. MOTION MADE BY R. Villa SECONDED BY S. Doyen ACTION/ RESOLUTION ADOPTED: Denied. VOTE OF THE 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 history of deed conveyances up until time of death of one of the owners and other testimony. D' he'geed 4) T_v 1..D TC14 CLEIR,K GERARD P. GOEHRIN R, C AIRMAN D'_7E, /0 ECUR 9'5S- -3"r- ci zcuthcld APPEALS BOARD MEMBERS ,xgOFFO(~ c ~ OG Southold Town Hall Gerard P. Goehringer, Chairman o yipp 53095 Main Road Serge Doyen y = 4 P.O. Box 1179 James Dinizio, Jr. p Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol * ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 22, 1997 J. Kevin McLaughlin, Esq. Windsway Professional Center 44020C Route 48 P.O. Box 1210 Southold, NY 11971 Re: Your Inquiry Dated January 21, 1997 Dear Mr. McLaughlin: This letter is in response to your letter of January 21, 1997 in which you indicate a SONYMA mortgage institution has a question about the possibility of a future second dwelling on the above referenced property. As indicated in our October 17, 1996 written determination, the Board of Appeals denied a waiver for the creation of an undersized lot out of the entire 48,000+- sq. ft. lot. Since the Southold Town Zoning Code only permits one dwelling per parcel (ref. Sections 100-30A.2 and 100-31 of the Use regulations, only one single-family dwelling may be exist. We do not expect the zoning code to be modified in the future to read otherwise, and therefore, the property of 48,000, consisting of two county tax map parcel numbers 1000-050-01-12 and 13, is not permitted more than one dwelling - which already exists. We ask that you please notify the lending institution to contact their legal department in the future since this is not a procedure that the Town may continue in the future (writing letters to conform to new bank rules). The enclosed written action (determination) is an official document which should be accepted by banks as well. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure ,/letar~z eiLc=Zllu~'~ilUiL ATTORNEY AT LAW WINDSWAY PROFESSIONAL CENTER 44020C ROUTE 48 - P.O. BOX 1210 SOUTHOLD, NEW YORK 11971 PAX. (516) 765-1856 TEL. (516) 7656065 JAN 2 2I997 January 21, 1997 SOUTHOLD TOWN BOARD OF APPEALS Southold Town Hall 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Re: Estate of Virginia Moore-Moss SCTM Nos. 1000-050.00-01.00-012.000 & 013.000 Gentlemen: Please be advised that I represent Melanie Mitzner regarding her purchase of the above-referenced premises commonly known as 1050 & 952 Hyatt Road, Southold, New York. As part of this purchase, my client has applied for a SONYMA mortgage through Bank of New York Mortgage Company. That bank has required me to obtain a letter from the Town of Southold stating that a second dwelling cannot be built upon the subject merged lot. I have enclosed a copy of my letter with enclosures to said bank dated January 15, 1997, which was not sufficient for the bank's purposes. I would greatly appreciate receiving a letter from you that a second dwelling cannot be built upon the merged single lot totalling 48,000 square feet in area. Thank you for your anticipated coo a a/ti/on in this regard. e y 1 y' y u , 7LN J. a in 9 n Enc. rATTORNEY AT LAW WINDSWAY PROFESSIONAL CENTER 44020C ROUTE 48 - P.O. BOX 1210 SOUTHOLD, NEW YORK 11971 FAX. (516) 765-1856 TEL. (516) 7656085 January 15, 1997 BANK OF NEW YORK MORTGAGE COMPANY Attn. Amy DeLong 115 East Main Street Patchogue, NY 11772 Re: SONYMA mortgage - Melanie Mitzner - File No. 323086 Premises: 1050 & 952 Hyatt Road, Southold, NY Dear Ms. DeLong: Pursuant to our telephone conversation, I have enclosed a copy of the decision of the Board of Appeals of the Town of Southold dated October 17, 1996, wherein they denied the application of the current owner of the subject premises to waive the merger of the lots into one single lot. As a result, the entire parcel being conveyed in this transaction is one carcel for zoning l;urlcses. I have also enclosed copies of alp licable portions of the Southold Town Zoning Ordinance. As can be seen from the ZBA decision, the subject premises are located within an R-40 zone. Section 100-30A.2.A.(1) sets forth the permitted uses in an R-40 zone by referring to the permitted uses set forth in Section 100- 31A, a copy of which is also enclosed. Section 100-31A.(1) states that one of the permitted uses are "one-family detached dwellings, not to exceed one (1) dwellin- on each lot (emlhasis added). As a result, there is no way that the purchaser could erect a second dwelling upon the subject premises and use the same for rental purposes. Should you have any further questions or need any further documentation, l,lease contact me as soon as possible, as my client is very anxious to close this transacting Very. U ~Y Y J. -K M ghli Encs. Sent by fax (654-8253) and first class mail UffdL APpE.4L5 BOARD MEMBERS ~~pS NCO SoutrhoidTown Hail G ° 53095 Ntain Road 4 Gerard P. Goeiuinger, Chairman PO. Box 11-9 Serge Doyen w m Southold, New Yori 11971 James Diruzio, Jr. • Fax (516) 765-i8^-3 Rober[ A. Villa ~Ol Te!e-,hone (5'16) 765-1 8C9 Lydia A.'IOROra ~y> BOARD OF APPEA1-5 TOWN OF SOUT'rIOLD Appl. Ni). 4426 ACTION OF THE BOARD OF APPEALS 10; 17!96 \PPL1C. t 7STAT_- OF VIRGINIA MOORE-MOSS (Janet Swanson, Trnscee) i,OC.~'IIc N (-)P PROPERTY: 1050 and 952 Hyatt Road, Southold. COUNTY TAX b1AP D[STRICT 1000, SECTION 50, BLOCK 1, LOT 12. \P!.'I [C'.t3I,? PROVISIONS OF ZONING CODE: Article II, Section 100-26. 3;\S15 OF REQUEST: Waiver for undersized lots identified as District 1000, 'iearioit 50, Block 1, Lot 12, and Lot 13, which are "merged duo to common ownership as determined by the Building Inspector under his Action of Msnpprnvni drited September 24, 1906. District: R-40 Residential. Rc t;;otts Euv Dental of Waiver: 1. The two areas have been merged and joined as a single lot totaling 47DO,a i' square feet in area, r-~ ill this, R-40 Residential Zone District. 2. The request for waiver of this lot size is not consistent with the surrounding area. :1. '11io record is not substantiated by economic hardship (original purchase prieo and (ther), and the Trust (Estate) is still able to uland which has been joined with the house as a single, entire parcel. i Opposition and testimony received during the hearing. Villa SECONDED BY S. Doven tdt)'1'fc)N YfAf) G BY R. ACTION/RESOLUTION ADOPTED: Denied. VOTE OF THE BOARD: Ayes: rgToJ. Doyen Lydia A Robert A. Villa Gerard P. Goehrinber lication should be James Dinizio, .Jr. (felt app approved based uponNhistory of deed conveyances up until time of death of one of the owners and other factual testimony. ) ted (4-1). VM CL RZ IRMAN GERARD P. GOEHRIN -R, C HOUR 9~35- ci cuthcid ZONING § 100-30A.2 § 100-30A.1 ARTICLE IIIA Low-Density Residential R-40 District [Added 1-10-1989 by L.L. No. 1-19891 § 100-30A.1. Purpose. The purpose of the Low-Density Residential R-40 District is to provide areas for residential development where existing neighborhood characteristics, water supply and environmental acre development conditions permit per full and where pen pace and agricultural one (1) dwelling preservation are not predominate objectives. § lo0-30A2. Use regulations. In an R-40 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses: (1 Same as § 100-31A of the Agricultural-Conservation Dexcept that wineries are excluded. [Amended 11-29-1994 by L.L. No. 26-19941 B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (1) Same as § 100-31B of the Agricultural-Conservation District, except that ac vedr~an~saoffice camp, and farm labor camp and animal hospital are not permitted and bed-and- breakfast uses do not require site plan approval. (2) Libraries, museums or art galleries. C. Accessory uses, limited to the following: -25-95 10054.1 r ` ZONING § 100-31 § 100-31 § 100-31. Use regulations. [Amended 3-14-1989 by L.L. No- 3-19891 In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. ® One-family detached dwellings, not to exceed one (1) dwelling on each lot. (2) [Amended 5-23-1989 by L.L. No. 8-19891 The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance except t spraying and dusting protect vegetation, one hundred fifty (150) feet of any lot line: (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, subject to the following special requirements: 111 All buildings for display and retail sales of agricultural and nursery products grown on the premises shall not exceed one thousand (1,000) square feet in floor area or one (1) story in height. Display of produce at a roadside farm stand shall be not less than ten (10) feet from all street and lot lines. Any roadside farm stand in (Cont'd on page 10039) 10038.3 12-25-85 APPEALS BOARD MEMBERS ~~O~, SUF0j,~ Gerard P. Goehringer, Chairman Southold Town Hall Serge Doyen o y 53095 Main Road James Dinizio, Jr. + 2 P.O. Box 1179 Robert A. Villa °y Southold, New York 1 1971 Lydia A. Tortora Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD January 22, 1997 J. Kevin McLaughlin, Esq. Windsway Professional Center 44020C Route 48 P.O. Box 1210 Southold, NY 11971 Re: Your Inquiry Dated January 21, 1997 Dear Mr. McLaughlin: This letter is in response to your letter of January 21, 1997 in which you indicate a SONYMA mortgage institution has a question about the possibility of a future second dwelling on the above referenced property. As indicated in our October 17, 1996 written determination, the Board of Appeals denied a waiver for the creation of an undersized lot out of the entire 48,000+- sq. ft. lot. Since the Southold Town Zoning Code only permits one dwelling per parcel (ref. Sections 100-30A.2 and 100-31 of the Use regulations, only one single-family dwelling may be exist. We do not expect the zoning code to be modified in the future to read otherwise, and therefore, the property of 48,000, consisting of two county tax map parcel numbers 1000-050-01-12 and 13, is not permitted more than one dwelling - which already exists. We ask that you please notify the lending institution to contact their legal department in the future since this is not a procedure that the Town may continue in the future (writing letters to conform to new bank rules). The enclosed written action (determination) is an official document which should be accepted by banks as well. Very t o S,, GERARD P. GOEHRINGER 1 CHAIRMAN j Enclosure P APPEALS BOARD MEMBERS ~O~ OG Southold Town Hall Gerard P. Goebringer, Chairman' y` „ 53095 Main Road Serge Doyen w x v P.O. Box 1179 James Dinizio, Jr. k O v Southold, New York 11971 Robert A. Villa '1*- Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 6, 1996 Deborah Doty, Esq_ P.O. Box 1181 Cutchogue, NY 11935 Re: Appl. No. 4426 - Denial of Lot Size Waiver Request, Sec. 100-26 Dear Ms. Doty: As per our telephone conversation the other day, 1 am enclosing a copy of the action of denial rendered by the Board of Appeals at our October 17, 1996 Regular Meeting, with a correction of the computer processing (typo) error at paragraph #1 initialed on the original 11-6-96, on file with the Town Clerk's Office. Very truly yours, Linda Kowalski Enclosure APPEALS BOARD MEMBERS 4, 0 Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen r°n z p P.O. Box 1179 James Dinizio, Jr. p N Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora 1 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl- No. 4426 ACTION OF THE BOARD OF APPEALS 10/17/96 APPLICANT: ESTATE OF VIRGINIA MOORE-MOSS (Janet Swanson, Trustee) LOCATION OF PROPERTY: 1050 and 952 Hyatt Road, Southold. COUNTY TAX MAP DISTRICT 1000, SECTION 50, BLOCK 1, LOT 12. APPLICABLE PROVISIONS OF ZONING CODE: Article II, Section 100-26. BASIS OF REQUEST: Waiver for undersized lots identified as District 1000, Section 50, Block 1, Lot 12, and Lot 13, which are "merged due to common ownership as determined by the Building Inspector under his Action of Disapproval dated September 24, 1996. District: R-40 Residential. Reasons for Denial of Waiver: 1. The two areas have been merged and joined as a single lot totaling #-~ooo?' square feet in area, in this R-40 Residential Zone District. ~~-`-YG 2. The request for waiver of this lot size is not consistent with the surrounding area. 3. The record is not substantiated by economic hardship (original purchase price and other), and the Trust (Estate) is still able to use the land which has been joined with the house as a single, entire parcel. 4. Opposition and testimony received during the hearing. MOTION MADE BY R. Villa SECONDED BY S. Doyen ACTION/RESOLUTION ADOPTED: Denied. VOTE OF THE 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 history of deed conveyances up until time of death of one of the owners and other factual testimony. ) L~Lijgfolab~~~i cued (4-1). C J mCV Td CLE GERARD P. GOEHRIN R, C AIRMAN L_'.i to/as/~r6 'OUR 8:3 cuil-old DEBORAH DOTY ATTORNEY AT LAW r~ r n 670 WEST CREEK AVENUE lj~`~! P.O. Box 1181 - CUTCHOGUE, NY 11935-0876 NOV 619% Fex 516-734-7702 516-734-6648 0? JC d t~,m" ~`~°"1` ~,dlr bw~ ~ rn-c~c f ~trnavt A November 6, 1996 BY HAND Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 RE: Waiver of Merger 952 Hyatt Road & 1050 Hyatt Road, Southold, NY SCTM # 1000-50-1-12 & 13 Dear Members of the Board: Your Action of the Board of Appeals with respect to Appl. No. 4426 has been received. It appears that Reason #1 is incomplete or inaccurate. When joined as a single lot the two parcels would encompass more than 1.1 acres and would be conforming in the R-40 district. Accordingly, we respectfully request that the Board review and revise the Action. Respectfully submitted, Deborah Doty cc: Janet T. Swanson DD:bdr J - APPEALS BOARD MEMBERS OSUfFO(Xc y0~ OG Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen u°~ x 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 October 25, 1996 Deborah Doty, Esq. P.O. Box 1181 Cutchogue, NY 11935 Re: Appl. No. 4426 - Denial of Lot Size Waiver Request, Sec. 100-26 Dear Ms. Doty: For your records, please find enclosed a copy of the action of denial rendered by the Board of Appeals at our October 17, 1996 Regular Meeting, at which you were present. Very truly yours, Li da Kowalski Enclosure APPEALS BOARD MEMBERS y o~~gUFFO~,f co \ O Southold Town Hall Gerard P. Goehringer, Chairman y` 53095 Main Road Serge Doyen W P.O. Box 1179 x James Dinizio, Jr. p ye Southold. New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Appl. No. 4426 ACTION OF THE BOARD OF APPEALS 10/17/96 APPLICANT: ESTATE OF VIRGINIA MOORE-MOSS (Janet Swanson, Trustee) LOCATION OF PROPERTY: 1050 and 952 Hyatt Road, Southold. COUNTY TAX MAP DISTRICT 1000, SECTION 50, BLOCK 1, LOT 12. APPLICABLE PROVISIONS OF ZONING CODE: Article II, Section 100-26. BASIS OF REQUEST: Waiver for undersized lots identified as District 1000, Section 50, Block 1, Lot 12, and Lot 13, which are "merged due to common ownership as determined by the Building Inspector under his Action of Disapproval dated September 24, 1996. District: R-40 Residential. Reasons for Denial of Waiver: _ p 1. The two areas have been merged and joined as a single lot totaling dtQa ~O square feet in area, h' ' * ^'r ^^^°°°E--°^^^s~in a 6 this R-40 Residential Zone District. 2. The request for waiver of this lot size is not consistent with the surrounding area. 3. The record is not substantiated by economic hardship (original purchase price and other), and the Trust (Estate) is still able to use the land which has been joined with the house as a single, entire parcel. 4. Opposition and testimony received during the hearing. MOTION MADE BY R. Villa SECONDED BY S. Doyen ACTION /RESOLUTION ADOPTED: Denied. VOTE OF THE 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 history of deed conveyances up until time of death of one of the owners and other factual testimony. ) Thes led RECEIVED AND FILED BY 'fl-IL SOLTl.':LD TOWN CLERK GERARD P. GOEHRIN R, C IRMAN DATELol,ZBlpf HOURS . 3y e I i'o,;__ Town of Southok G-VIyG loyt n -E ALL' S c cccc t ' ~Y 3 r U ~~Q} ; - .ALL. Y rvl~; d) h p Mai w cli L I.. ~NOO Q l r1 si~ S a Lli Z Y t 4, W N z Ir O W 7 LL v U 1 r Vi L1.J ~ o ~ r I / I nq a I s d ~ 1 TIN' A L' lu. p 4 04:611 ~J _ I M 0 1h~~~` ,0, J,'I~g51 I I= • . 1 r I 1 ~ , LL D 1 I Q ,p "A I 1 1 1 ~ f 4 Y . ~ tl~ „r ~ .~,fu` I ~ ~ 1~ , G 'ti" •#~e' s U 2 M 'ry'apai^i. Y1v C~~RS~.~ r 1 r i~ k } r r { , 1 \ V Y'v ! i ! 1 O'S 11 '3,0.8Z IN, 1 U 'OM f N{'2lzj was ' i i I i BeTi PA R5 ONS • , N•7B°1drJ"E. 6'2.68 N ~ I ' \ R1 e i 1. i 0 u y~ I W V ~ N ~ V I I z' ~ y i S-0 - } 1 ~ 5 14 I C E F"'s T / o /MAP OR FA0 PE RTy I -SV RV6 YEO Fpq r EavA T~'RRY NA F7 NAN~ VIRO-I V/A fs'E;v/vcrr Moop,E- IV055 Ar SOUrHOLD S -41FF OL A, CO, ; V Y. ~Lr Nb GUARANTEED' O T TNT In'TeR - CourvTY T/rce GUAAA,VTY AND MoATGASr COAIPAN1• As StJRVeyED 1962 OT"rO 14, VAN TUyL Y SON L/CEN.SF. D IAN%i Svp, VE YO R5 - GREENpol?T Al. Y. rTLENO, S-/39012 8:00 p.m. Appl. #4426- JANET SWANSON AS insizewith 14,261 sfoflotarea TRUSTEE OF VIRGINIA and frontage of 68.4 ft. along 1 MOORE TRUST. Based upon Mesrobian (private) Drive. the September 24, 1996, No- tice of Disapproval issued by the 7:42 p.m. Appl. No. 4421- Building Inspector, applicant is HENRY TRAENDLY. Based requesting two Waivers under BOARD OF APPEALS upon the July 12. 1996 Notice of Section 100-26 of Article 11 of TOWN OF SOUTHOLD Disapproval issued by the Build- the Zoning Code for an under- NOTICE OF HEARINGS ing Inspector, applicant is re- sized lot created by deed prior questing a Variance under Ar- to December 1, 1971, and an- NOTICE IS HEREBY title XXIII, Section 100-231 of other undersized lot created by SIVEN,pursuanttoSection 267 the Zoning Code, for approval of )f the Town Law and the Code excessive height, above four ft. deed prior to April 9, 1957, A the Town of Southold, the which lots are in an Estate/ for aberm-fence combination as Trustee ownership and therefore Following applications will be presently located in the front j will be, oralread have been held for public hearings before yard at 13220 Main Road, East j joined b this hearing date, due the SOUTHOLD TOWN Marion, NY; County Parcel i by to common BOARD OF APPEALS, at the #10000-31-14-12. of Property: Hyatt Location Southold Town Hall, 53095 of Property: Hyatt (private) 7:45 p.m. AppL #4425 Road, Southold, NY; County I, Main Road, Southold, New York GISELA MORCHEL. This is 11971, on THURSDAY, OC- Parcer t#1000-50-1-12 & zone- an application requesting a Spe- TOBER 17, 1996, comment- cial Exception for an Accessory I District R-40 Residential.> ing at the times specified below: Bed and Breakfast Use in the 8:05 p.m_ Appl. #4401- 7:30 p.m. Appl. No. 4407- applicant's residence at 26405 DAVID DEFRIEST as Tenant. HUGH and ROSEMARY Main Road, Cutchogue, NY for Mr. and Mts. Joseph Gnozzo,as MURPHY. Carryover from the renting of three bedrooms Owners) Request for Variance 9/19/96 and 8/21/96. and serving of breakfast to not based upon the June 3, 1996 7:32 p.m. Appl No. 4423- more than six transient roomers. Building Inspector's Notice of, ARTHUR FOSTER. Based County Parcel #1000-109-2- Disapproval under Article VIII, upon the September 18, 1996 13.5, Lot #I shown on the Map Section 100-81A; foraUse Vari- Notice of Disapproval issued by of Ralph and Theresa Asselta -I ante, due to discontinuance of the Building Inspector, applicant Minor Subdivision, with front- former nonconforming use as a is requesting a Variance under age along Crown Land Lane, at service station with gasoline Column iii of the Bulk Schedule, Cutchogue. This lot consists of sales evidenced by issuance of a Article III, Section 100-32 (R- 21,645 sf and is located in the R- Certificate of Occupancy. The I 80 Residential Zone District), for 40 residential Zone district. grounds for which the June 3. approval of the substandard lot 7:50 p.m. Appl. #4427- WIL- 1 1996 action was issued are: Au- depth (and if necessary, substan- LIAM P. SCHOLL. Based tomobile rental use is not a per- dard frontage (width) along Cox upon the September 24, 1996 miffed use in this Limited Busi- Neck Road of proposed Lot #2) Notice of Disapproval of the ness (LB) Zone District. Loca- in this proposed cluster division. Building lnspector,applicant is l tion of Property: 73265 Main Property Location: Approxi- requesting Waivers under Sec- Road, Greenport, NY; County mately 933 feet south of the in- tion 100-26 of Article 11, of the Parcel No. 100045-3-2. Size: 5+ tersection of Bergen Avenue, Zoning Code for (three) lots cre- acres. along the westerly side of Cox ated by deed prior to April 1957 The Board of Appeals will at Neck Road, and running west- and which undersized lots have said time and place hear any and erly over a private right-of-way. joined due to common owner- all persons or their representa- County Parcel ID #1000-113-07- ship after July 1, 1983. Location tives in the above applications. P/O 19, 14 (P/O former 19.6) at of Property: Bungalow Lane and Written comments may also be Mattituck,NY. Center Street, Mattituck, NY; submitted prior to the conclusion 7:37 p.m. Appl. No. 4410 County Parcel Nos. 1000-123-2- ofthesubjecthearing.Theabove GARY SACKS and A. 17.1, 17.2, 18. Each if presently hearing(s) will not start before SCHLESINGER. Based upon improved with a single-family the time designated, and a few the July 16, 1996 Notice of Dis- dwelling. Zone District: R-40 I may be carryover hearings. The approval issued by the Building Residential. files are available for review Inspector, applicants are request- 7:55 p.m. AppL No. 4422- D I during business hours, and may ing a Variance under Article & D CYCLES, INC. as TEN- be reviewed for updates until XXIII, Section 100-239.4B of ANT. (Pudge Corp., Owner). about 3:45 p.m. on the date of the Zoning Code, for approval of This is a request for a Special the scheduled hearing. If you the proposed setback of a deck Exception under Article XXIII, have questions, please also do addition to dwelling which will Section 100-131B(8) forpermis- not hesitate to call 765-1809_ be located within 75 feet of the lion to sell, with temporary out- Dated: October F 1996 bulkhead (and for approval of door display of "marine items" gY ORDER OF _xlE deck at the northerly side yard ; ref: Section 100-239.6), relative TOV, setback). Location of Property: to Unit 18 at 22355 C.R. 48, BOARD SOU"H O(~I DPEA] 125 Mesrobian Drive, Laurel, Cutcho e, NY; Portion of Par- ERA ~ r GERAR] VY;CountyParcel #1000-145- cel #1000-84-1-36.3. Zone: GOEHR1NvE3.Chairrtur This parcel is substandard Light Industrial (LI) Zone Dis- gv l_:naa <owaiss. A- ~ ii3.961 i U51 COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says th,v she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printeci at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copr. has been published in said Traveler Watchman once each week for weeks successively, comme)ncing on the ....J............. day of .....................GTz......................... , . Sworn to before me this day of .19.9.6 Notary Public BARBARA A. SWNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk County Commission Expires 81311C18 BOARD OF APPEALS; TOWN OF SOUTHOLD ---------------------------------------------------------------------x IN THE MATTER OF THE APPLICATION OF JANET SWANSON, as Trustee of VIRGINIA MOORE TRUST, Appl. #4426 ---------------------------------------------------------------------x CONFIRMATION OF POSTING I, JANET T. SWANSON, residing at 1995 Ryder Farm Lane, Orient, NY, being duly sworn, depose and say: 1. That on the 7th day of October, 1996, I personally posted the property known as 1050 Hyatt Road and 952 Hyatt Road, Southold, NY" by placing the Town's official poster Notice on either a stake, fence, or other post near the driveway* entrance into the property, on the property where it can easily be seen by passersby. 2. That each day subsequent to October 7, 1996 through October 12, 1996, I visited the premises and verified that the sign was posted; the sign was posted as of approximately 7:30 p.m. on October 12, 1996. 3.S-,3d That during my visit to the property on October 13, 1996 at approximately 4;34 p.m., I noted that the sign had been removed from the stake on which it had been posted. 4. That October 15, 1996 prior to 11:00 a.m., I posted a replacement sign on the property. 5. That subsequent to October 15, 1996, 1 visited the property to verify that the replacement sign remained in place. 6. That other than as set forth above, the poster has remained in place at least seven (7) days prior to the date of the public hearing (date of hearing noted thereon to be held October 17, 1996). Dated: October 17, 1996 i/,/ JANET T. SWANSON, as Trustee Sworn to before me this 17th day of October, 1996 e R1W DO ~ry0P~9p0TY 1 SW of Nw Ydk ~ Notary Public Cwmsom EVIm fe nmq ` * or within 10 feet of your front property line (on your property facing the road or right-of- way). pp NOTICE OF HEARING NOTICE IS HEREBY. GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: 1"m U 3T 6 virifK14, 13. mbbte, mtS-s DATE OF PUBLIC HEARING: Tkurs. ) D c 11 1 lqq4 If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS TOWN OF SOUTHOLD 9 (516) 765-1809 APPEALS BOARD MEMBERS ~o~~gUFFO(,~ coG Southold Town Hall Gerard P. Goehringer, Chairman y~ 53095 Main Road Serge Doyen Go = P.O. Box 1179 James Dinizio, Jr. "p Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol # ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 17, 1996 S.E.Q.R.A. TYPE 11 ACTION DECLARATION Appeal No. 4426 Project/Applicants:Janet Swanson as Trustee of Virginia Moore Trust County Tax Map No. loon- 50-1-12 Location of Project: Hyatt (private) Road, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Determination of lot merger This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Qualitv Review Act of the Environmental Conservation Law and Local Law 444-4 of the Town of Southold. An Environmental Assessment (Short) Farm has been submitted; however, Section 617.13 of 6 NYCRIR Part 616, and Section 8-011_3 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 informat'-on, please contact the Office of the Board of Appeals, Town Hall, Ma-'n 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. Copv placed in ZBA project rile for record purposes. ~gUFFO S Off' ~G~ JUDITH T. TERRY y` Town Hall, 53095 Main Road TOWN CLERK y = P.O. Box 1179 r T Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O • Fax (516) 765-1823 MARRIAGE OFFICER yjffo a0~ h' Telephone (516) 765-1800 RECORDS MANAGEMENT OFFICER 1~t ~`,f'? 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. 4426 ) DATE: SEPTEMBER 25, 1996 Transmitted is an application for a waiver submitted by Deborab Doty, Attorney for JANET T. SWANSON, TRUSTEE OF THE VIRGINIA BENNETT MOORE TRUST together with Zoning Board of Appeals Questionnaire; Notice of Disapproval from the Building Department, survey, and other relevant documents. Judith T. Terry Southold Town Clerk DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O. Box 1181 CUTCHOGUE, NY 1 1 935-0876 FAx 5 16-134-7702 516-734-6648 BY HAND September 24, 1996 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 RE: Waiver of Merger 952 Hyatt Road & 1050 Hyatt Road, Southold, NY SCTM # 1000-50-1-12 & 13 Dear Members of the Board: I represent Janet T. Swanson, as Trustee of the Virginia Bennett Moore Trust, who is also the Executor of the Estate of Edna Terry Harnan. The Estate of Ms. Moore was probated in Florida and Katherine Spurr is the appointed Personal Representative (i.e., Executor) of that Estate. By Will probated in Florida, Ms. Moore left all of her assets to the Virginia Bennett Moore Trust. The enclosed September 12 letter to Tom Fisher provides a further explanation of the ownership of the two parcels. On July 27, 1994, Ms. Harnan and Ms. Moore were involved in a car accident on the Main Road in Laurel. Ms. Moore survived Ms. Harnan by a short period of time. Upon her death, Ms. Harnan's interest in the residence passed automatically to Ms. Moore, the surviving Joint Tenant and owner of the vacant land. Although the owners had taken care to preserve the parcels as two separate lots, Town Code §100-26 results in a merger of the lots upon Ms. Harnan's death. Accordingly, the Trust is applying for a Waiver of Merger from the Zoning Board of Appeals. Enclosed please find the following: (a) Application for a waiver under section 100- 26; (b) Questionnaire; (c) Notice of Disapproval from the Southold Building Department; (d) Letter to Thomas Fisher, dated September 12, 1996, with supporting documents; (e) Prior deeds; (f) Tax bills; and (g) Check # 102 in the amount of $150.00 for the filing fee. Proof of Notice to Surrounding Property Owners will be submitted this week. Respectfully submitted, I Deborah Doty Encls. cc: Janet T. Swanson DD:bdr DEBORAH DOTY A'1-rORNEY AT LAW 670 WEST CREEK AVENUE PO. Box 1181 CUTCHOCUE, NY 11935-0876 FAX 516-734-7702 516-734-6648 September 12, 1996 BY HAND Thomas Fisher Southold Town Building Department Town Hall Main Road Southold, NY 11971 RE: Notice of Disapproval 952 Hyatt Road & 1050 Hyatt Road, Southold, NY SCTM # 1000-50-1-12 & 13 Dear Tom: It appears that the above-referenced lots have merged under Town Code §100-26. Accordingly, enclosed please find Application for Building Permit and Virginia Bennett Moore Trust check #101 in the amount of $25.00. Also enclosed are copies of the property cards, the current deeds to the two parcels, tax map and surveys. The following is an explanation of the situation. 1. 1050 HYATT ROAD (Lot #13) (the "residence") Edna Terry Harnan purchased this 1/2-acre property from Walter E. Hyatt by deed dated March 30, 1951. By deed dated December 16, 1976 (Liber 8166 page 144), the property was transferred to Ms. Harnan and Virginia Bennett Moore Moss as Joint Tenants with Rights of Survivorship. 2. 952 HYATT ROAD (Lot #12) (the "vacant land") Edna Terry Harnan and Virginia Bennett Moore Moss as Joint Tenants purchased this 0.62-acre vacant parcel from Edna Rochford Bennett by deed dated September 12, 1962. By deed dated December 3, 1976 (Liber 8153 page 392), the property was conveyed to Virginia Bennett Moore Moss (a/k/a Virginia Bennett Moore). On July 27, 1994, Ms. Harnan and Ms. Moore were involved in a car accident on the Main Road in Laurel. Ms. Moore survived Ms. Harnan by a short period of time. Upon her death, Ms. Harnan's interest in the residence passed automatically to Ms. Moore, the DEBORAH DOTY (CONTINUEr~ • Thomas Fisher September 12, 1996 Page 2 surviving Joint Tenant and owner of the vacant land. Although the owners had taken care to preserve the parcels as two separate lots, Town Code §100-26 results in a merger of the lots upon Ms. Harnan's death. Both parcels are now owned by the Virginia Bennett Moore Trust. For a variety of reasons, new deeds have yet to be recorded. It is the intention of the Trustee to have the parcels transferred into the Trust and then sold. The Trust wishes to preserve the parcels as two separate lots so that they may be sold separately. Therefore, the Trust is applying for a Notice of Disapproval in order to obtain a Waiver of Merger from the Zoning Board of Appeals. If you have any questions, I will be happy to talk with you about this enclosed application. Very truly yours, Deborah Doty Encls. DD:bdr cc: Janet T. Swanson 101 VIRGINIA BENNETT MOORE TRUST JANET T. SWANSON, TTEE. P.O. BOX 757 ORIENT, NY 11957 - 50-791/214 PAY 1 DATE S(L ln(p TO THE Q ORDER OF -"^K b'C..LY IQGW\^^ t1 `v~z7,..-.. ..._..F ~ K TO 13 M-e NORTH FORK BANK 1i OREENPORT, W 11e FOR SLIM # 1000-50-1-12 $13 M, II'000ID LII' :1:0 2 L4079 121:11' 3 2 26110 163-1 511' DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK AvENJTE SAN 2 6 PO. Box 1181 CUTCHOGUE, NY 11935-0876 Pnx 5 16-71.4-7702 L"- 516-734-6648 September 26, 1996 BY HAND Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 RE: Waiver of Merger 952 Hyatt Road & 1050 Hyatt Road, Southold, NY SCTM # 1000-50-1-12 & 13 Dear Members of the Board: Attached please find the Notice to Property Owner with completed Affidavit of Mailing and original Receipts for Certified Mail annexed. Very truly yours, Deborah Doty Encls. DD:bdr UOARD OF APPEALS. TOWN OF SOUTIIOLD _ In the Matter or the Petition of JANET T. SWANSON, as Trustee NOTICE TO to the Board of Anneals of the Town of Southold PJACENT TO: PROPERTY OWNEII : Thomas Sadowski 1095 Hyatt Road Southold, NY 11971 YOU ARE IIEREBY GIVEN NO] ICE: 1. Thal It Is the Intention of live undersigned to petition the Board of Appeals of live 1 own of Southold to request a (Variance) (Special Exception) (Special Permit) (OL-her) (circle choice) Waiver of Merger t --1° 2. That the properly which is the subject of the petition is located adjacent to your property and is des- cribed as follows: 1050 Hyatt Road, Southold, NY (SCTM # 1000-50-1-13) and 952 Hyatt Road, Southold, NY (SCTM # 1000-50-1-]2) 3. That the properly which Is the subject of such Petition is located In the following zoning district: R40 .1 l ltal ht such Petition, tine undersigned will request the following relief: Waiver of merger of two lots into one 5. Thal the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article II Section 100-25 and 100-26 fun' approval of rr oven ri;` of-way. 6. That within five days front the date hereof, a written Petition requesting tine relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may titen and there examine the same during regular office hours. (516) 795-1809. 7. That before the relief sought may be granted, a public hearing 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 treating in (he . mi co tin- Long Island Traveler-Mattituck 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. September 25, 1996 JANET T. SWANSON, as Trustee, by Dated: Deborah.Dot as attorn Petitioner Virginia Bennett Moore Trust Owners s Names: Popi Office Address c/o Doty, P.O. Box 1181 cutchoaue NY ]1q~5 Te 1 . No. ( 516 } 734-6648 (Copy of sketch or plan showing proposal to be aWAM,2, y,convetlience NVIniaowro aN purposes.) ie~ N PROOF OF MAULING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAI,i ADDRESS Thomas Sadowski 1095 Hyatt Road 50-1-14 Southold, NY 11971 F 1 ~ STATE OF NEW YORK ss.: COUNTY OF SUFFOLK DEBORAH DOTY residing at Cutchogue, NY being duly sworn, deposes and says that on the t'--~ day of October 19 96 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Cut-c-hQWIP. NY ; that said Nortces were mailed to each of said persons by (ce(lified) (registered) mail. St Sworn to bcfore me thts clay ofJ October/ 1996 Notary Public IIIIIIIIIIIIII A. M~NNt~01Y~<h1~,e~tt~~ q (J' OtMUilbn 6RrM~uOt~ 141f.1 0 r (This side does not have to be completed on form transmitted to adjoining property owners.) _ i UNITED STATES POSTAL SERVICE I First-Class Mail ' Postage & Fees Paid ' USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • Deborah Doty, Esq. West Creek Ave. P.O. Box 1181 Cutchogue, NY 11935 i i A i m SENDER: I also wish to receive the ;o -Complete Rem 1 and/or 2 for additional services. re -Complete items 3, 4a, and 4b. following services (for an -Prim your name and address on the reverse of this form so that we can return this extra fee): j card to you. -Attach this form to the from of the mailpisce, or on the back if space does no 1. ? Addressee's Address Z permit. m y - Write'Refum Receipt Requested' on the mailpisce below the article number. 2. ? Restricted Delivery y $ -The Return Receipt will show to whom the article was delivered and the date a e c delivered. Consult postmaster for fee. d 3. Article Addressed to: 4a. Article Number m d 4.orrwg S4 .»k, z a27 -7 (1,3- , E 4b. Service Type 1 v4 5 qU v y ~c Qo1.ci- Registered .~Certified °C ~ op ~ N i t4 ,OOLD, Express Mall ? Insured .c ~ d7.r~l.o l r O dITI h oct D w I IV . to rAd---(O T~ 6. Received By: (Print Name) 8 Ad re nly if request ed X996 r 6. Signature: essee or CFD 't PS Form 3811, December 1994 eipt ' +I T I- I I i Z-027777 163 Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) se, J S S4. Svee, am YO U P D_ S, e are ZIP r n a Ppsiage $ t Ceriified Fee to $DVCIaI ~envury Fcr Resn¢ien Deavnt cee Palurn Haceipt showing I~ Obi to Who" & ow Delivered t Return Peeerpt Snowing to Whom, 2' Dare, and Addressue's Ad,,, TOTAL e= Pe=~ .oG UF Posima ato /tT I- elslgp! i I SEP 2 61996 BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of JANET T. SWANSON, as Trustee NOTICE TO to tite Board of Anneals of the Town of Southold t.lAci]A1" TO. PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: t. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a.(Variance) (Special Exception) (Special Permit) (OLher) [circle choice l Waiver of Merger t 2. That the property which is the subject of the petition is located adjacent to your property and is des- cribed as follows: 1050 Hyatt Road Southold NY (SCIM # 1000-50-1-13) and - 952 Hyatt Road, Southold, NY (SCTM # 1000-50-1-12) 3. That the property which is the subject of such Petition is located in live following zoning district: R40 -1 11131 171 such Petition, the undersigned will request the following relief: Waiver of merger of two lots into one 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by lire under- signed are Article Ii Section 100-25 and 10n-26 rive, r% 6. That within five days from the date 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 dun and there examine the same during regular office hours. (516) 7115-1809. 7. That before the relief sought may be granted, a public hearing must be held on the natter 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 in the t Long Island Traveler-Mattituck 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. September 25, 1996 JANET T. SWANSON, as Trustee, by Dated: Deborah Doty, as attorney Petitioner Ow Virginia Bennett Moore Trust owners Names: co/o Doftye dr~esBo 1181 Cutchogue, NY 11935 Te i . No. (516 ) 734-6648 Copy sketch or plan s11.(o i'ng; r'b~ purposes.] osal to be attached for convenience 4 it • j t PROOF OF MAILING OF NOTICE Ai,TACII CERTIFIED NAIL RECEIPTS NAME APPRE-55 Mary Margaret Kemeny 36 Perry Street 50-1-10 New York, NY 11771 Southold Park District P.O. Box 959 50-1-11 Southold, NY 11971 Vera Neslage 27 Haviland Drive 50-1-14 Stamford, CT 06903 Catherine Garcia & Renee Sileo 189 Oak Street 50-3-19.1 W Hempstead, NY 11552 Thomas A. Bannon 37 West 19th Street 50-3-16 New York, NY 10011 .s STATE OF NEW YORK) ss.: COUNTY or SUFFOLK ) DEBORAH DOTY residing at being duly sworn, eposes and says that on the _25 _ day of epterntbPr '19 96 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of ilia above-named persons at the addresses set opposite their respective names; that ilia addresses set opposite ilia names of said persons are the addresses of said persons as shown on ilia current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Cutchogue, NY ; that said Notices were mailed to each of said persons by (certified) (registered) mail. 10. ' Sworn to before me this ~j e.~day of Se tember 19 96 otary Public JIIDMLdQ9E . ~ ~ AlwartwNiti oa.iwewtnrrw . Ouiin+atort dotit.aitr 1>t, s r (This side does not have to be completed on.form transmitted to adjoining property owners.) i UNITED STATES POSTAL SERVICE _ - I I I First-C18S5 Mell ' Postage & Fees Paitl ~ USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • Deborah Doty, Esq. West Creek Ave. P.O. Box 1181 Gtahaa, N i @ L1`7 i 0O CT I 7 I. I - T__ d SENDER: o SENDER: SENDER: ;O • Complete 1 and/or 2 For additional services. I also wish to receive the y .Complete items 1 and/or 2 for additional services. I also wish to receive the i a - I also WISh to receive the plate hems n -Complete V . Complete items 1 and/or 2 for additional services. r .Complete items 3, 4a, and 4b. following services (for an plate items 3, 4a, and 4b. following services (for an 01 .Complete items 3, 4a, and 4b. following services (for an a .Pdm your name and address on the reverse of this form so that we can /alum this extra fee): a . Print your name and address on the reverse of this form so that we can return the extra fee): a • Print your name and address on the reverse of this form so that we can return this ` E t o extra fee): card to you. 9 card to you. rj card to you. a ' j Attach this form to the front of the mailpiece, or on the back if space does not 1. ? Addressee's Address ° > 'Attach this form to the from of the mailpieoa, or an the back it space does not 1. ? Addressee's Address Attach this forth to the front of the mailpiece, or on the back if space does not 1. ? Addressee's Address Z o permit Z y d ermit. L W y .Wdte'Retum Receipt Requested' on the mailpieos below the article number. 2. ? Restricted Delivery y a • Write'Refum Receipt Requested' on the mailpiece below the article number. 2. ? Restricted Delivery m mdte'ReWm Receipt Requastad• on the mailMace below the article number. m 2. ? Restricted Delivery .The Return Receipt will show to whom the article was delivered and the dale .71a Return Receipt will show to whom the article was delivered and the date D.. S .7fine Return Receipt will show to wMm the article was delivered and the date N r, -5 t C delivered. Consult postmaster for fee. w c delivered. Consult postmaster for fee. •1 o delivered. Consult postmaster for fee. v 3. Article Addressed to: 4a. Article Number 3. Article Addressed to: 4a. Article Number u m a v 3. Article Addressed to: 4a. Article Number / 7. balf 77-1 ILO c m,gn,na Ganc:o_ * Z, 12'1 Z7 4S-~ ~''~n Z 02 X71 I 7 cI E V ~6,rp NL'S G- 4b. Service Type Re _ 5' ~ t~ 4b. Service Type d o s O'~ 4b. Service Type d 2 Rl~n,,t/ , ~j. \J G. ? Registered Certified ic u 4 ~Q ? Registered M Certified o a -37 ~f l4~ Ste- ? Registered ® Certified E Y~ NY took% ? Express Mail ? Insured q 1 OG403 ? Express Mail ? Insured a m vn~+X ? Express Mail ? Insured I U) ¢ ? Return Receipt for Merchandise ? COD ¢ 1-Q~,,,..p Tc~•.~ Y t lss ? Return Receipt for Merchandise ? COD r n~lise ? COD 0 7. Date of Delivery U 7. Date of Delivery G a 'o 5. Recei %1,Decamber ) ,-1 8. Addressee's Address (Only it requested 5. Rec l ed B : (print N e) 8. Addressee's Address (O ~r 1 ),,quested c ¢ 5. Received : (Print Name) dresses's Address (ugly it requested s d fee is paid) r0 and fee is paid) o L W nd fee is paid) li I ! j t 6. SignatJ g 6. gnature (A ress a Or Agent) ; .3 6. Signature *dresses or Ag r X r X \ 11 b7 !r 0 i. X p as Form lssa Domestic Return Receipt pPS Form 3811, December lssa rn Receipt Ps Form 3811, December lssa Domestic Return Receipt _v° .ECoNmDate items 1 and/or 2 for additional services. I also wish to receive the o SENDER: I also wish to receive the a :plate items 3,41a, and 4b. following services (for an v .Complete items 1 and/or 2 for additional services. y a . print your name and address on the reverse of this forth so that we can return this extra floe): A .Complete items 3, 4a, and 4b. following services (for an m 1o S . Print your name and address on the reverse of this form so that we can return this extra fee): - 1~ you. •~Attach this form to the from of the meilpiece, or on the back if space does not card to you. 1. ? Addressee's Address Vt " Attach this form to the front of the mailpisce, or on the back H space does not 1. ? Addressee's Address 8 o .W e'Rerum Receipt Requested' on the mailpiece below the aratle number. 2. 11 Restricted Delivery y fit' Jkf a The Return Receipt will show to whom the article was delivered and the date o • Wdte'Retum Receipt Requested' on the mailpiece balm the article number. 2. ? Restricted Delivery o delivered. Consult postmaster for fee. $ The Return Receipt will show to whom the snide was delivered and the date II delivered. Consult postmaster for fee. 3. Article Addre ssed to: 4a. Article Number a 1/J1+.. 4b ¢ 3. Article Addressed to: -1~- . / 4a. Article Number ¢ ~y Q A -1 G1x aXlna V- `v ~fiC .S O:L 7 7 1 1 N ~i ( i1 Mar ar r11a.t'Sgrvy,~r RGK1Grv{ G l '7 l E ~v ~x 5 q . Service Type ode u ` [I I Registered tK Certified ¢ (3& lpUr rj~p-A 4b. Service Type ¢ C n ? Registered Certified c G .sN ~cL ) N Y 1197( ? Mail ? Insured ; f Y^k/ N .I I t 1 7 ( ? Express Mail ? Insured S "fix um for Merchandise ? COD t 4+J ? Rehm Receipt for Merchandse ? COD Sg r 7. Date of _ Delivery e 5. Received By: (Print Name) 8. f sea's Wd dillass (Only if requested c y a 5. Roo ad Byp (Pdm are) 8. Addressee's Address (Only it requested is Vpaid) r rrgpe Is paid) i g 6. Signal . ( ddressee rAge ) ~ .t of T X s N 6. Sign turd: (AAW r~s5 a or Agent) ~ p X C// Ps Form 3811, De mbar 1994 Domestic Return Receipt p ps Form 384 1, December Domestic Return Receipt a I r Z 027 777 158 Z 0'7 777 161 Z 027 777 160 2 027 777 159 7'027 777 157 I= Receipt for' ReCefpa f r Receipt for _ Receipt for Receipt for Certified Mail Nve °ffied Ma I ~ Certified Mail ~ Certified Mail Certified Mail - Insurance Coverage Provided a~ O insurance ..ove egc Pro No Insurance Coverage Provided ded No Insurance Coverage Provided No I No Insurance Coverage Provided Do not use fo« International ;.1aii tainw-11 Do not use for international Mail 1-11 Do not use for International Mail Do not use for International Mail _ 11-s n Do not use for International Mail ons.~n sEM« (See Reverse) (See Reverser ..awl, (See Reverse) (See Reversal `D9~65i"` S111 W 'm tr soot p t ISee Reverse) 50..E ~Yb ~1.. t ur Srceeman o L e. 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CerbSed Fee Certified Fee Cetm red Fee ~errred Fee (p (lei F.e Special Dellvery I ee Spe e I Deaver, Fee Sgecal Dellvery Fee Specal D livery Fee ..peca De: very Fee Restricted Denvery Fee Resnoted Denvery Fee Hesincted Delivery Fee Restricted Delivery Fe Resided Di Fee ReWrn Recent Sro,, tg Rem rn Reeept S N CO Return Receipt Showing ReWrn Rece or S OI to Who, & Deie' b m to Whom & D l [ Q Of to Whom & Date flip red 6 M Re., R ,,e,,, aio mg W to Whom & Date Dal eretl M to Who & Dam Deli L Rern Pon L Ret nRece g _oni, ,pv t ReWrn Recept Showing to Wtort L ReWrndd AiptS w _ Date, and A oat , n d A e s Ad s- 4: Q t^ Dow and Adtlres win s d L Led Lece_pt S ~y le .e s 5 d~ Dat e and Adtl ss s Atl resa it Dat W W .p , rod Addr ss~ TOTAL TOTAL Post G? ;t TOTAL Postage TOTAL Postage & Fees S G' TOTAL Posts & Fees O & Fees P,~ J C & Fees m $ .t S O & Fees ' S C & Fe J t~ J r O O Post Postmark or to O O Postmark or Date or ma or ate~jf/r Postmark or Date' E t96 ~W E US PS M rr` r,i M Postmark J ~q~r tL Sps IL O VSf~J IL O usP~ I.. to LL to 0. a a a i I m t oUESTIONCTAIRE FOR FILING WITS YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject Premises and a description of their interests: (Separate sheet may be attached-) Jan T Sy'anson as Trtictaa B_ Is the subject premises listed an the real estate market for = Sale or being shown to prospective buyers? { } Yes ( } No. (1£ 'erns, 131-=no at! = h cony of condi'-4•,,,~" of sale-) C- Are there a=T Fraposals -t= t}san m al~er ( } Yes {X } No ]mod a~ t*-s- D. 1. Are there any areas which cant in wetland grasses-2 no Z. Are the wetland areas shown an the man submitted with this application2 no 3. Is the property bulkheaded between the wetlands area and the upland building area? no 4. If your property contains wetlands or pond areas, have You contacted the Office of the Town Trustees for its determination of jur Lon2 no E- Is there a depression or slapiag elevation near the area of proposed const~-uc+ian at or below five feet above mean sea level? N/A (If not applicable, state " ) N.A. 11 F. Are them any natias, coner_ete barrie which existand ar rs, hulkheads or f=-,t submitting? e not shown an the sar-J-ey man that you are.. submitting? none I£ name exist, please state aone_" G. Do You have any construction taking place at this time concerning your premises? no < submit.a copy Of Your building permit and m Iapp- eros,vedPlbeytasehe Building apas Department- I£ none, please state_ Do you or any co-owner also own other, land close to this parcel? no If Yes, please explain where r ; of deeds- ~e or su..M_t copies I• Please list present use or operations canduc•-ed at this parcel 13(residential) 12 (vacant) proposed use same and Janet T. Swanson, as Trustee, by Deborah Doty, as attorney .~uclar~_ee Segnatu_e a d D ]/97, IO/9pt 473889 50.-1-12 BILL NO.005225 SEQ.NO. 1 . MAK . , . . PAYCE."Y0:",_ UGC 1'19 PPa 01 OF 01 RECEIVER OF TAXES 1 53095 MAIN ROAD uiee 0 SOUTHOLD, NY 11971-0959 ~s °.«;«r sPPPaPkv», x «pPa ;«a>;4.~ P4P4+OP = P+P4 4 12ay0„1 9 - 1 1 6 77 SOUTHOLD TOWN TAX 700 126.060000 88.24 =.a 4 - SOUTHOLD SCHOOL 700 340.996000 238.70 952 HYATT RD SOUTHOLD LIBRARY 700 10.922000 7.65 ~a ACRES- 0.62 SOUTHOLD FIRE DIS 7007 30.515000 21.36 473805- SOUTHOLD SCHOOL SOUTHOLD PARK DIS 7007 6.732000 4.71 k-r° g 311-RE, VAC LAND WASTE WATER DISTR 7007 2.073000 1.45 }ry~p pp++yy STHLD SOL WA'S'TE D 7007 7.338000 5.14 p C$SbPo 0~3'an a ksx6 eiaxee+PaxPta e=n.aet+=ats a•:rr *APPtY FOR 'rpiTn PAFZlY NOTICE BY 10/'01/96 OWNE ..a J Nk4>=: BOX 1195 44 F4«M1S SOUTHOLD NY 11971 v=~= k r DAt TAXES PAID BY CHECK ARE SUBJECT TO COLLECTION DUPLICATE COPY 473889 50.-1-13 BILL NO.005226 SEQ.NO. 1 09 2 25 Jub MARILYN B. QUINTANA eA NO rr: 01 OF 01 RECEIVER OF TAXES `fitxt9Eii' 1 53095 MAIN ROAD 0 SOUTHOLD, NY 11971-0959 y~ p Nr 4bs M axPCx 4 aG 12/01/95 - 11/30/96 12/06/95 SUFFOLK COUNTY rTAX aP 4,400 x tl8a43.426000 191.#07 SOUTHOLD TOWN TAX 4,400 126.060000 554.66 tazakXiai;. 473889 50.-1-13 A9 SOUTHOLD SCHOOL 4,400 340.996000 1,500.38 'deXslrj.'r' 1050 HYATT RD SOUTHOLD LIBRARY 4,400 10.922000 48.06 R-` ACRES- 0.50 SOUTHOLD FIRE DIS 4,4007 30.515000 134.27 'SdpOW.ipStISICT 473805- SOUTHOLD SCHOOL SOUTHOLD PARK DIS 4,4007 6.732000 29.62 pgpp®i`YtA9 210-1 FAMILY RES WASTE WATER DISTR 4,4007 2.073000 9.12 STHLD SOL WASTE G 4,4007 7.338000 32.29 -::.TOTA1:' 4,40 OWNERS::' aA T$7- 2 4 9 9 4 1 BOX 1195 HORTONS POINT 1,249.1 -T-1 71T SOUTHOLD NY 11971 1,249.7i 1,249.74 E~ P TAXES PAID BY CHECK ARE SUBJECT TO COLLECTION DUPLICATE COPY . rwian 192 Jr1. • .•la-aaY-W.,,or Did wnY AY -iW.Ia1e1 w C,er,.r.m. LM3198 FAGE293 PLEASE Da HIOPUKMH THIS INDBNTURIL made' O day of aaren, nineteen 6oadred and fifty-on a, r BBTWBBN II.IL.TER S. HYATT. realdIng at Wickham. put Southold, CO UnaCy of Suffolk and State of New York, ` party of the first pact, sad BDNA T HEY flARNAN residing at 121 Remsen Street, Brooklyn 2, New York, party of the second part, I ' WITNCSSRTH, that the party of the first part, in consideration of (#10.) _ and other good end valuable consideration, dollars. lawful money of the United States, paid by-the party of the second part, does hereby grant and release unto the party of the second part, her heirs and ~ssigm forever, ALL that tract or parcel of land situate at Rortonla Point, near Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and des- e ribed es f nllowa:- B&GINNIN3 at a concrete monument set at the westerly corner of land conveyed by the party of the first part to George P. Lewis by deed dated June 12, 1960; and running on the extension westerly of the northwesterly boundary line of said land conveyed to Lew1a, S. 64e 621 2011 W.- 16.81 feet; thence along the northeasterly line of a certain 16 foot Mght of way, hereinafter described, N...-Sle 141 W.- 203.66 feet; thence along other land of the petty of the first part at right angles to the last deec r1bed conurse, N. *45e. 4451 g,- 116.0 feet; thence still along other lend of the party cf the first port and parallel with the second course above described, S. Blo 141 E.- 236.97 feet to sold land -conveyed to Lewis; thence along said land conveyed to Lewis, S. 44e 521 ED" W.- 104.09 feet to the point of beginning. TOGETHER with a right of wqy 16 feet in width over lend of the party of the first part; the southwesterly, lice of ubl6h is parallel with and 16 feet south- westerly- f'rom -the southweaterly boundary line of the premises hareinabove described, measured at right angles thereto; from the southwesterly corner of the promise& southeasterly about 200 feet. ALSO wi th a right of way 30 feet in width 'Over lend of - the party-of ctie first part, from the so-atheastarly corner of the premises hereinabove described, southeasterly about 900 feet to Sound V2ew Avenue. ALSO with a right of way 30 feet In width over land of George P.Lewis, from the northeasterly corner' of thepromises herainabove described, southwesterly about 120 feet to another au foot, tight of"way 'as=deaeritied above. RESERVING. however .to-the-party, of the fire t'part, h1sF-legal -raped dantatlves and'assigns,' a rightof wqy Jr,-feat in width -across the southwesterly end of the p remises hereinabove described, the northeasterly line of which is parallel with and 15 measured at rirtheaeterlya`rnm the:southwsaterlybouridary'line of the premises, Bh angles thereto. RESERV1NU, however, to the party of the firat part, hie legal representatives and aaslgns, a right of way 10 feet In width across the Southeasterly and of the Premises hereinabove described, the northweaterly line of which Is parallel with and 10 feet northwesterly from the southeasterly boundary line of the promises, measured at Night angles thereto. Said 10 foot right QC way is to be used until 4~~E IYw,w MYal l'1-aaw,N,r1„•w, YM aaa l.a,wr,l.a.,,na-,yi4y. t,l'fU', •te mont Veto IAWVI4 NI0N momme /NII iwltowmili - INN rlr/tlttaearl "a" M am of IaW"m *at THIS INDENTORF,fnadrtile 3f d,l,dDecember, •tuwwe4ewensaoesevanty sia •]PER .!e } ; 1 ! RRTSI'FRN ':.INA TERRY NAI.NAN and VIRGINIA atlmETT MOOR IIDSA as e-TR joint tenulea r- iTdI&n aE-AOCCOni~a-inr r ox , v~ioTd. + S100i00+;1' New York, gIMAT 1 tip' I p. q~' ~I ~J 41[~ , ~ 1 pi%ttFilmfirupart. Aoki VIAOIkIA BENNETT MOORS gOadr residinq at i 1i'l, Ilortons Point, Box M930 Southold, ew or 4 ',T rf s% -al ,1 A7~1 n ! aaftion yyy 141 lady of tlrt wrofnl pall. p ! i y1 14e4 R'rIfNP.5SET11, that ill jNrutj.,l the rant pan, In t miLicnnnn of Ten and f10~100-- --+.+11" (11110.00) +1 •d 94rt,d+ h lawhd mane] of file l4dfrd and other good and valuable eonsideratioa pawl i' "r r I ^ j 'hr the porn , tilt wond part, d,lt. htrrhy phut 41111 rrlralt unto tilt pant 4 the woNNl pan, the billet air t r,~ ,a+ 3 Y~Xt,4n pry wrm,nn and a.lpm nl lh•Ltnvnl thr.r, and pan lmr,rr, A rr 11 ` 'i 'li s ALL that cel All plat, plerem 1.11400( land. 16111 ill, .,uilJiup, mdfml,rmemrn6 tlYneanemted, aklt:Aq tIT g,1 i ~{1~1 1A' age.lyinpand1whigLxN:a at Horton's Point, near Southold, in the Town of~!+ y } Southold. County of Fuffolk Roll Stara of New York, bounded,irnd destfti E { ~fiy as !c llow? 1 1~ BEGINNING, at a concrete monument placed for R bound at tM S~I southeast corner of premises herein described on the westerly side o/ a. ;i114'r1 30 foot Right of Way which is also on the westerly line of land nO1IJ~i or tormerly of Gnorge Lewis and which point of beginning is at the+, J~ yt k^,• 1*d northeast corner of land of Edna T. Harnanr running thence along afid t~ r land of Harnan, North 610 141 West a distance 236.87 feet to a Monti aentl'' rt $r/ 'i and land of Batty Parmorsf running thence along land of Betty Parsona,`. 'M1 North 280 461 Fast a distance of 82.:8 feet to land of the Southold~Par d,Districtf running thence alone said last mentioned land the follow' rlq ~1. three (3) courses and dlatancest 1. South 738,241 10" East a distance of 231.72 feet to ? '14t: i+( anumontt a II,,, 'ft. South 580 341 40" Fast a distance of 25,57 foot to a Monufaoq { + 1 1 3. South 400 411 20" East a distance of 21.64 feet to the, -30 1 IR},il 1 ~1 -!foot Right •,f way and maid land now, or formcrly of h Lewlar running tile cn'i ~}ya i along the westerly side of said Right of Way and the land new or formur.d ,,+.~tr `J,,•i t Lewis, South 440 521 20" west a distance of 121.76 feet to the point•" jv, or place of bogfnnln9. TOGETHER with the use, In common with other, of • Right of Nna1j! j ,30 fnat In wl.,lth from the uaotcrly corner of Lhe premises and ad~woent ~thwrnto for the full evtanL thereof, southwesterly about 250 at, , '1 3 ~ogether with the right to the use, In cotvnon with others, of n rigM1 Ilp'F' MEMBRANE my 30 foot in width uverland,bf-Weltel E. Hyatt, extending from tMI w. y Y; i j ortherly line of the above mentioned right of way southeasterly sbout ,,•'900 foot to Sound View Avenue. SUn,TF.CT to rigQht of way and easements now granted or to be i ranted tr file Long Ialnnd Lighting Company for the purpose of erectlni I ublic utili,:y lines on the surface or below tho surface of aforesaid NrIC~~„ ights of way. r• ?Pn.. ?6- Iw1 Y....Y ...w 1..-_ ;a1J:~bil~1. It Ap1iC~rr~~ rJrJ~1~ ~i"Ma h sarM said promises, any trade or business d.atswnr, or any _ girding house. G That no outside toilets or watercloeets will be ereoted on aAy''`° 1° rt of said premises. 1.' That no trailers or tents will be kept, used or allevo l R krpremiwas except when kept within an enclosed bulldinq or Varrojel~ fir"it;', i' 1. That raid covenants are declared to be and Mall be tv?wknanta ll, a i1u, 1"t attached to and running with the land. The said restrietil nsm !7 releaued or altered by Edna llochford Bennett at any time. j h g ~w .k a. ~ . . re„ . ~~r r 27 Ir dk~ F1 _u/ fd 1 r+~~i f l I t ~ ` 7elY e.y .7Mjf ll 1 it 1$~~I f r, I I k I r .11 +nrl r e, r 'F S Ixgy~ r I i F 7 IIC~ fy v '9 ~~",e 'lrl~~f~ r t ,(1 tt „I i I aY;xfv• II 1i KMr r Ali 0 ~j, Ir f„t Vi j1.1~MM~,7ti' t(1k111 r ~ t F ~ ~ f I"!',.tl bqr ~}111IH 1x.~ yy 4 L yf~+f T aj :A}III 11 p e,jt xv7 ftiM' ~7 ~K~t f'f fl 4 V I j} P1 1.4'1' h~l 17ta7 r vl-'. I t ~fl *I ~fi d'r ~1A .•1 a ttt t'„ ti ir ( S 1 Gy C,iq~! i ~I 1 t ld. It~~ x t rCil t, 9n I ~t.. 1 `i t ql 4~ ":GW I C W MOM ~ ti r fe r ~.I { i1ia- a S i lp JJ ~L LL ~ rd c~'I~ li 7N 7f a 1 tr /ll1~. 4 .gyp ^~i i T L I~aN yy~ ory~ ~NAU ,y~Ylggvlay JluL WrLrp 3411 "1 441 lw,++u allnp dry ul.l jug al,t pl Allt.l-41'J04114Il.1 til:yAWAL NI Iert{ " r I wil"Iat Or tl7wa/OP rpr p Arran 3411 aaaaswlw .,dual. M3+ a 11 Ir pwtiuuol a4 pr4r „A11e1„ pall,, ay L1' r1 II 'utlwaad Moro 'ball 1101141 u..ulw auFiNll Illw tied Puy I 1101.11IM 1ral,L._: 11a1J ~ !i i Is. `Ye r o6 .43 r 1 1 1 ° .111111,/1 pin 111 app I'o,Irl P p axwow 41n arrlo aalrut4 Aua 31o.t1.l w .l"MmIa 11. Iw uwal n-1N e f - 1 4;g' 1 j`N7J 3411 WILL-1411110.11 ~J sal 1 all + :yl9w9p•.w ltL/u hawlragwnuq ""I a4 Ar u1.NlaNl pin all lei. L•--11!11111 I t. ~,++a, { } taw w3al1 Al.lut / IN-1L ell Ind ,JOM 4111 Ailed Fi 4 ~i 8 N ~~~IS I 1""441 I 11 11 I 11u 41 194.1 -~nw3q y ,14~ i~L 1, t !3111" alit 43A1114 B ~q w w((Y pp1i 1"I pup 'FiI.1M111 .tl 111.wIw3MI 111'1 Nil l1, IIJ/Iw 11 II"1 IUy J11 't 1rL1111r 11 y,i -'J,alll~ i I~' 11 j31y,Ir } e i, aw"Illol For iurtw.w- un~luy 311`b' (]III IINV r 1 7n i1j`('~11(d •w141nu1 aaalw Alit al 11 Id '.1 111~ it IN Pow $ All 10 "'I'll allow 7411-1 aN+W 1lo3uH3111JIN1 w11 pt'. n3 341 pt 114/1114141 alp 01 Pay allln 0111If i 5 I 1 P"~I,1p?171pal P" Iualw4ulwl3411 p.w.1 Np 7w 4rJ 111 •wJnd 341 no buy p.uldlle Al 111 PuNI I4u/ r w 14"11010 d~J 1~ t'r'/w4rr town; aJla.u a 1414++41 PM Illy INN aulru.lwu 0141 wl W1111appuul J41 ieiaw 111% 11+11 lug 341' F ~1I~ 'q1I~ 1°boollMiLlai1 I641010 wwa'wrl 13411 CI "Itift 411^ amgldut4l oi'uel lug Fiala pt Glnl 3411 IIN I~~jgl~d Y ~ SIa r ,~4ryr 1 :n': - 4!.}4;I rte; P l ){I1Y1Id~ , C ~i It~l ~7Y1 al:ty//ry"~, i~ ~T ,IA IF SI 'IF rlli II ' fit ' la+ r yewwl;. NIPIw~ t u . . -C .t 1,~ .41 ~a 7 1 i P t I N l r 4 a ,yi1 {1 ~ ~/le~ q t St d ~l iPl,i,y , Rif e i , 11t t~~ il.pii~ - -Uta.u14 11"1 pwglt alit MI 411"14.41 it111111t111 pill /Plwlali"I 6 . ~1M11 A,? flaw pnaw up pa bad 341 "1411 p.1,wa7 lo}a/ay u01luaall 341 1171111 111 OIJV MAYII Ill! P( ~"1^"'(( ' '1.',Ir t?51 iC~1lll' 1.NIWIN114n 1111 I M7 ~1 w11 741 to Me)" ? .14011 pw• 3113341 11w 1tNw 4wa1W111N111! alIl 11 I l 9 071111 911W. r 11333411 awl ul•,al All In . unu41 µyilw+p 3.4111 np Yuplp4r 411r4r q~4ww low w %w11 a" All, on RAW wll p '4119 M 'Pua1N1 III 4111il'141014 ilr lillM M811J290L . , wl, pTi7td y x ~ , - Iti! CGp YR1 { ,1,1815a 7'15 ~ £x s~ I di~ ` Is 10 tow ~awaTT w urroi.lc M, H•M w Akew down of i On ihiArd dry of Dacambor, 1976 , brl,.re or O. NW w of q" wwll), hlnf ?MImiaMY two XDNA''TERRY HARNAN and r- Ylp~tyrA L, dT~ RI. f90 B - '~r'~ h Ihi'bWv'h lollr~e IIMhau c, bw Is W rM is nr Irw to M as LrJN/Id ~M1o/ 1 ° heeuad the for"tobet, Mgnra4 ¦al No nr.I.r~wl Mr eawrW Me Ineiif 1¦ItIa1I tal r.~ r wrrd w we. 4 i ,rYi It o Wry u Tfc - r sa ~ ;~I. ao. ,r . ~ ~ I n, ~ I aWYr,Yn Ve.iH INV 077 r /TAT/ Oa M/W TOair, leoum T Oa W tTM M 11/r 9tlt wMR w . On Iba l' d* y Y 19 , twfine mr on Ilr y day of N ,10 Nil. t 6 rNmally tl"H t„r,m,ap a,11e . _T A io me Ntb¦n, who, Irlnet~ by tnr duly worn. di,l dew r and Ih, wt ne»nt ¦h,rK M it& b,r,pde,y Ia r evv,rd, vd#' d "'ty Ilat' kht reridrl at \'n. wb,Xn 1 am I n"Wany uare,L .1w, 6,44 •lp we a • v I I rwvrn, ,l,•1 d~d.M anJ Yy 4W 4 IM~'e Y i ,#Y] "~heIhthe lrn~ that N Sol that bw brm'Yrr i' F r the ` nsimm rb ,krcril.nl id "NMI which l 'be a and of rt the ,vnl Inetramrnl; Dart M esM : ?to BAW Is e 'Inm at the erel 110 w that M and wb " exectirt! "Nadr f ,to anleMt nw~eatl Cad Iq onber t IN I' IN such h co m raw vat; tat 1• wu n I Ihat he a, Way aWbadIN61¦t dreS, led w ?r ' hIA¦d by order of the board MI.', Won of If "Wadad; y,y d nx?ao vier at aw"; W " Mon. uld D41 he dread h rrrw IMMO by hke orr)rr. at dw e¦wr 1i¦r hrwilwal ? to" as wi11wa kr Pf r,~ t rit'I'.~ %3~ X~J , fr • err _ " ,:1 n 1?Mr'' a~l1t Ibd .fir,. . x J{N#~ 1 -~!i" fy t I d,.le yy ' ~ do r'~ ~k ranLA~. Warranty ilrrif I 1 FYi X55{ ~ ~ W.IT{ Fbu. fe"INAMTe. KITItM Tth YO,!!I , ¦trY't isv !9!9 i i -RONA T^RRY IIARNAN and IOT ~{{~f ~i~tc7IR0INIA BENNETT MOORE MOSS r oI u'jl~ TO ror~tr n¦ mrvn 1.I~lfY $OINIA BENNETT MOORE MOSS CHICAGO Tate twr'I1AWX COW4WW t - - tu,. T,rr, 11 ~ i nalhw 111a r ale no /11M IF nA1 taroawlm a. w.e r. Lmnbvad by f •_kfn S (ri.lt r~. ' i ±~,ll 't~ „ r dwtOA00 T1'Tf,/1 I, 1111OVRA1110! 0074PANY 14 !?r(.,.PW taY sit, Jlrf~t.~ st. ,~r I Its r k._ a it P d ° i H U{ f.tR I~ ,rl ly {lierA ,r 4 146, .q I~.r } `a$ il,' ; " ~k as • , 1~ ly ~AI ! f 4 ,V Y) j ~r , YVr .,I 9 k ~ f ~ 7". I` ktrclilrr s ~;Ijl d • i" Sfi I h , x e.muda.voT(Ir...xm+Ee_µ,e,.u r.LU er PLEASE OO NOT PCSLISH u'st ueta3797 oaGP1.16 us , ` I TM INDENTURE, made the 20th day of November nineteen hundred and flf ty-Polo', - ;BETWEEN WALTER E. HYATT, residing at Wickham Park, oreenport, Town of Southold, County of Suffolk and State of Now York, party of the first part, and EDNA ROCHFORD BENNETT, residing at 62 Willow Street, ~I Brooklyn 1, Now York, (arty of the second part, WIINESSETH, that the party of the first part, in eoosideratiou of . _ _ _ _ _ _ _ _ _ _ TEN ( 10a) _ _ _ _ _ _ _ _ _ _ _ _ _ _ dollm, lawfulmoncyof the United States, and other good and valuable consideration, paid w , Q II by the party of the second part, dots hereby grant and release unto the party of the recoud part, the heirs or k- s•„ i qucrrssorc and assigns of the party of the second part forever, AM that certain plot, piece or parcel of land IMMMU ~yt ` x+ ppo[sha situate at Hortonia Point, near Southold, In the Towh •.r.-~r7n of'3011thold, County of Suffolk and State of'New York, bounded and t\ f n (described as followsb- s4 BEGINNING at a concrete monument on the boundary line between land c of Harnan and Lewis, 104.09 feet northeasterly along said boundary {n line from the westerly corner of said land of Lewis, said point of beginning being the easterly corner of said land of Harnan; and running thence along said land of Harnan, North 61 degrees 14 minutes West a distance of 23607 feet to a monumont; theme along land of the party of the first pert, North 28 degrees 46 minutes East a distance of 82,68 fact to land of the United States-of America; `'theace along said land, 3 courses, as follows; (1) South 73 degrees 24 minutes 10 seconds East a distanco of 231,72 feet to a monument; thence (2) South 58 degrees 34 minutes 40 seconds East a distance ii of 25,57 feet to a monument; thence (3) South 40 degrees 41 minutes 20 seeonda East a distance of 21,64 feet to said land of Lewis; - thence along said land of Lewis, South 44 degrees 52 minutes 20 seconds West a distance of 127.76 foot to the point of beginning. TOGETHER with the right to the use, in coeunon with others, of a right of way 30 feet in width from tno easterly corner of the Prow raises and ad,jacont thereto for the Pull extent thereof, south as orly x: uec~.3%9~ vcccl.l'7 about 250 foot, together with the right to the use, in common witri others, of a right of way 30 foot id width over landof the' party of the first part, oxterding from the northerly line of the above t ;mentioned right of way southeasterly about 900 foot to Sound View .'Avonuo.._. SUBJECT to right of way and easements now granted or to be granted to the Long Island Lighting Company for thq purpose of erecting public utility lines on the surface or below the surface of aforesaid rights j of way. 'SUBJECT to the following covenants and restrictions:- - - 1. That neither the party=of the second part, nor her hoirs shall or will manufacture, or-sell or cause or permit to be manufactured or sold, on any portion of the promises hore8y conveyed, any goods or merchandise of any kind, and will not carry on, or permit td be carried i on, on any part of said promises, any trade or businoas whatsoever, or any boarding house, 2, That no outside toilets or waterelosets will be erected on any hart of said premisess- 3. That no trailers or tents will be kept, used or'allowed upon - eIld promises except when kept within anenclosed bpildivg or garages 4•.That said covenants are declared to be and ahsll'bo covenants attached to and running with the land. The said restrictions may be + 11 L .11. I released or altered by the party of the first part at any time. I , k ' .12FRK97 PACE TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof, r;i y 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 'jl 1 successor and assigns of the party of the second part forever. ,rr - AND the party of the first pan, in compliance with Section 13 of the Lien Law, covenants that the patty of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to he applied first for the purpose of paying the costs of the improvement and will apply d.: the same first to the payment of the cost of the improvement before using any part of the total of the same for -s; any other purpose. AND the of the first party part coven:uns as foiloss's: F]asT.-That said party of the first part L seized of the said premises in fee simple, and has good right to convey the same; - Seo]Na-That due party the second part shall quietly enjoy the said premises; Taten,-That the said premises are free from incumbrances, except as aforesaid; Fpl]RSn.-That the party of the first part will execute or procure any further necessary assurance of the title to said premises; { Finn.-That said party of the first part will forever warrant the title to said premises. The word "party[' shall be construed as if it read " req m parties" whenever the sense of this indenture so sires. IN WITNESS WHEREOF[ the party of the first part has duly executed this deed the day and year first above Written. a: IN PRPSENCB OP: or E. hiyatt) ISTATT? f~ aL _ 'COUNTYOFOFNEWUFFOLK YORK SINS on the 20th day of November , 1954, before me come 'NAI!['T?R It. f-YATS, to me imosm to be the individual described in and ";dho execs a o-foregoing instrument, and aclMowledged that he 9 Ioxocuted the same, Ly RENSSELAER G. TERR .Q rLi yyy. NOTARY PUBLIC STATE OF NEW YORK I Jdl p m Suuor Caenry r52~3a64tle0 - My rcmm'.u,wi .yv~ Mmc~ ,DOr I ll RECORDED - ° - Nnv 2 31954 - - - WILLIAM N. FRY 1 ~r ' e 1 4i'"I'' i~`r f ~ rFL + Yp iS~WM.• w.r r.. r.. . 'k+l~~'t~ i~el S< (L 8! ~k I E "tNrwipr reM a .rr• wron worrw rwN wr•w.rrr ,.r~ r.nr• rwnw w. n r•..•N p11? Irt~lr VA\'q i F(lelir7l(1~1 1 tit}(; .••••"r,.. nr"!.•,t arYPbf.y•a 1x l• a '{1119 I`IU?.N 111 NI', ul. dr ,In A Its, l: rr ber, + 'I . Ip9T%F.KN6')NA TrTAY II/6N'f+, rasi,.In,t at Horlntir ?oi9t (Noa 11 ?1`aN rhi tf utholdr IGv Murk; r'^`".,rl, ~t kr , ~I " ~~sv t gg ! k4F+l ixr " r ,i6Y I rII r 1. I~ ~ i 14r,?,, ~rV$v)1 r s _ r is-"I ICI V"(', +r -F NNat~;,'~ I, ..I IN, ill i.x,l. I r-)IIA Ttri IIAn•IRN, rosldlnu sit Ilorlnas Ill VI I t l h (Box 1I95)r Southold, flow~orTl, ninl NCINIA NR/ Y~__MOtII M(>tisr JI, ~I rosidinn fit Hortont, rolnt ("x 1195) AouThoZ r~. fir 40 rk~~x0-Int FYi 13!)f W j, Tenants wit,) RLghtn e[ RurvivorahlP, +y f+, I.$rI~ry] r IVlyv it l1t i t ry i F1, 1,41 t r~~~~.~b I 'z` t+ I + Pu iy r,l rl r .r.,r nl p,n 1t' ( 1 t se ,7 t~ 'R'n~{9rI TIh tires hr h.n, ..1 L. In,r pr m +n. l T1:N and nOil rrwrlx r ~ ~Irt(i:~Dy 1 e--------------------'°-------------•-----------------.---.. rr~ p X11. ~ = + u t l lilr laY,fulmn.rrY `I d., 1'm,drr.r., dml U!hrr gbnrl Anti vii lw conolderatlrm?4NI1f!`1 rr6dl~~. x'11: their t1~F (y^~k by llr pull ni dv am,d lnr d., r•.r n+., Ir .r „n•,. d•inn M.1 r,n, NN fil lw ll pa~, 15 v~ 1 4i1 +,M~1 r c rl~ Nr.runn and .~u:n- •I rl,l nr.. - I r I_.,,r - r ~I ~'I'l-~~f r 3 , r, t I II r~ y 1,11 ALL thm rrl,hu IJnr, hill, ,.r 1 d r,nl •rq I. r.r IL.., ..1 n,•.• I v,.rr rr rrl IIIh~rl' r1 , t, a tr{~ Ik{ii vt. I nn mil laln~, x Nx at llo Wit Pol nt, nvAr rout hell, In thr'Toan of 41 ilviii outhold. County of Suffolk And St Ate of New York, hounded and dose liif)r d 71` ' ribed at: follows: °S OGr.J j:;lr:, at a cot :let ^,•jr ~:^••nt nr• it !f^ want or 11 r•nrn?r q{ Sp y;: land conveyed by Waltc' C. dyatt no r:eernr• P. Lewis b sPy~ y, ~ IpL~'eed dated fore 12, 1950: and nlrnin i on the xtwnsinn w•• e i pthe northwesterly boundary lino of nAld lam] corvol.d to Lewin, 1+.- •.5.-fi1 foot; thanes alone. thn nnrthrAsit^rly lire tlf 1, ft eels (?f ,_i; cer':Ain 15 fmt right FIJI way, hnr inaftrr !rrrrit:rd, dl' Is' W.-l 'L' 203.fifi feet) thence alonri other Inn new or forr:rly of Ilter Hyattto i,I6dlt rtnht Angles to I:hn Ieat II-sc-0 1 r irsr, 211" 45' t.- 113.1 feel I I A thence null n1or l othrr lan,' now )r form, Fly of Mtlter r,Ih•ntt t easelrr g i I. with the eecortl coLr r Above „n'rlb d S. fl' 14' 1..- 27+,.a feet to 1 II aid land conveyed co lewisl thenrr along slid land com-trd to iwwlar S. 44" 52' 20" W.- 104.09 feet to the print of t,egi^.n'.^'). ,+~I A li'r.(; i, TOGETHER with A right of wav 15 fret in width n•:rr land hMr,r•ijtLjr( F~711 tkrlll rF,,. r formerly of Walter r.. IlyAttr the ncuthwrntrrly lire of which is Age arnllr•1 with And It, fleot nnnthw,•ntrr ly fro- ihn ROUt ~'.rc Lr T]y tMUndtl 11na of the premlaea h,+reinti dearril.ed reristi ail a ri'•ht AnV lr•s , f"F horetol !rum this amahwesterI•, corner of tr'.,` I re^i Ros VrBthr aRtierlyj III bout 200 feet. dlr f{ It ALSD with n right of w'ry' 30 rent In width eve' land now or'SI 1 ,r JI p~~r I fornC[SV of ;inl`ni' r. p.•ALC ft'rn. - ir •n:.ll..r.-aril" rJrr rr of the d 11 i. { rel lRnx hernin.lhovr ,hone' IbMI, novt)rAxtrrly Ahou 901. "Pt to f;oUnd 1 r •I; " I Jaw A-tonne. r t R ALSO with a right of wa,, ]9 f•'rt Jr. ir;dth u,.n, lnnd,now eri+61 a a 1',•' In ormer?.y or Gnorgn P. Lcwls, fron the nor theater'y corner of the IramI .,a hettinnlx)ve dilIIbed southwesterly about 12:) f.0t to anothstt`r' , 1F b toot rlaht of Ax dea:rlbod nhote. hown•:nrr to rNN Wrltgr E, llyatt, his legal reprisper? tIveI And anxious, a rlnht of way 15 font in width aii the south: , I~wrxtor iy end of t':'. perm less. hrrM nAbovn drxcrlbald, the rnrtherxtl"t"yj line o! which i- lv_nllcl with vrl fort nnrthenntrrl~• frnr the Iwu't.h" Psterly howdary lino of the p.eriner, •neaaurad at rl'1M. an,lai; khOrPltr:( rev "I I RIaF 1'f tl;, r,ow,. •:e[, to Halter r, Ilyat'_, his IPAI rrorraPntat ti r nil Asa inns, a rirht of way 10 fret in width neross the vent nanstRtlpf' nd of tho premiers herelnnt•ovn deacr-.bed, -.he. nnrttiwcrtr. sly line x)1F~' II' ,I'•'Ileh Lch in pv'.I11ol with art] 10 feet no-thweaterly from the no+theno1srl/ >ovr y fine of the preml meanured at right r'inlna thereto So Ad i 10 foot rl,lht of way I% to br u,rd Un'il -UCh tine An '.hr 70 InoY rkgf'I~- iA. I _)Grl~ J ,B 'I ".way ovor Inhd of I.r•w•S, AS f.n. r°1^ al.rvs, is etrle ;.aaaahle fpN',7 gn~c.~~tb'.I if h1C Joe drift podr, Atr Ian", nr toot I"` °Ira t1.v use of all! 10 h+o,t TIC r 9.I a l ) of way will con+n. j1 i!L d 9tIP.1I1c'T to r1,.i. r ul WSJ ana vusmr:me now pram rd o' to hcM ,,nd~rir, lpnted to the Irmo 1SIartA Lt Or lnq t'nepany fer the Pursuer t°: fartltt 1 I~ II` ubi. utility IlIll. t o': the r.Irfar-o or Leltw the wrTare of nfutaFeX Ott Its Cighta of way. ^;71.4 ~ ~ ~6~. 9Uh,11:CT to till, r~>llnwln,l rvv,•nnnln roll VCatrlctlonrr - ~ ',al ii 1. Thal nr it hrr U,o col! f'.ttf lra or the eeoon. (+art, nor ltltsl 1$P heirs shall ur will r.rnufncr,•rv, or aol l nr cd ,se or 1" r-It Ia lat S~ ikrFla 1° manufactured or doll, on any vortion of tlrv loterlau h•.ril voevegilly r Airy goods car finer^hnndlae Of Any krnA, +nrl will hot car -y (In, or pd'Mi to 4n carried on, on any part of Sald prenlrea, a,,) tr 'Ce or bosltteas - qi 3' Whatsoever. cr any IwtnrA lnV hou'+e. I }r Is; ~Ip-5~', YYyI trllr•ld or ua!rrclrretr vl'1 tM ereeMt It, 2. That. no out+ld,e " 1 , any per of maid premiarr. I r # 1 F u 1. Thal r.o trnllcrr or tonic v111 he Es}4l. dried at sllowl 3 V UF°on Snld Ireml tit,. r••c,q,t wL•n koi,t wk r.hln an el lodoA hulldlne OI. =mar t lr ~f iFEY` 1.... 1. That eclr' covenants are rfeclarvd to to* dnA Shall be ortVl~L1~ ql r ~ll:~lattached to„rind running with the land. The said testrictloae way Celeaaed or alt'. red tyWalter E. Hyatt at any tieta. dR i' 1,iAI ~I~, h i ~ ~ ~a., ~ir?• nn ~ lli k~. 6 R! lXi 4r '~Mflitiap a, k ° ~tYalal L tJ.~ ~ +,~Kt ~ r fill ~gF' N, 'i I~[ ,~+9.rfx Ilyt ,~i~rlti [ ~l 3~ w s,fI , 46 1 t ~!a"L I ' f ~ ,I~1 ~t 3ifr fimu , J, ~~1 ..A YI4S~t.• yYf , - 41aw1Y1:{( I~ji. li;, ~ICII IF, ~ 1 'I I kl CUv'1 f ~'y HYNNYIL AtlN3L Yl:Q-1 'I f~, 1 ' 1 w .or.alil4' xI ~ t '11'114M I r t ~ ICIV PA P'61 Frp .yl IN4' 1141 p.d1w11 y Ip "l .u.l 111.1 All p. 1114'.1 +111',10:111:111 N IoW!\.1.1,M NI .I,q1g1p, jft . LIIIIIUJ }I i ''~~yyy 7 yl..pyl ay1 -•u. oil 411.11.,. ~nu..l pr11 n p it pm.pu^.. nl ilnp ,1041, I'A"A 341 14 1 t~,:V' 1 i. .w1...rlp.po1111.«,Ip.. 1u.11.gglllw lull pu, .1,111n A4411 lniln1 1II AI.j u ' 7y}ry,^ 4= 1 w nd p4r a 11111 +1{'1, I F,} U IILI,IIIMr bn.. 11.1 041 d4 ..11..1 u. LRlr141,!w 1/011114/41 )u 141[1'411141 --It IY.1 1 f)IFM1 4 ~ „ „ 777 (1 11 r: 'qtw 47 rr .1.u4..lum nq uw., w +Ir v.llw..l pln,'1p IryJ -''g0111I It t1n!w.'I p.r. «I u4u4.1.0611111. Ird p..11.1, .44 p, 111-11411r4L ululy tlj,q +ory" '~11 i 1 nun 1114 lam. 6 JIMI '11! 1411:•0...4 pu. Im.. m «•n.. of ,n.. ,.p p•n. .r 111,1 rly ,q p. 1,ud prr• 11.4 L' . 4 nJ 8% ~h M'1 i. 1.Ip.l.r.1..1.,,.,..wd.11,14111 1111'.1'41 QIr\ 11 r~1a ~~~I, 1.11 111 1114111 n,.C bit f1+~' +1}I 0411 wr(1.•41.11 u•d 4111 e.. 1M 1.', n...N4.l n.'+111u. nl.I 1, U U U,'nl] w N 141Wr. A 11 +1i 1,,~~17 i 1 ~1I IS Pw411.u...•,«b4.,•y.1.4.,w1I A.....lp.•..+Ln1+41w, nu, p.qd lr ,l..pluq ul.gr Fr4a1rr" rl,I {}!.I gi'Id{ IYW..r11wr 1.L.n q ya,. .p 1..., . . pur ..0. ..1 .I 11 .q u.u.r..pnuo. 14. ul p1.1 IUJ 11.4 +41 P d I~ Tw- 3~ r~1.11 N11 044.11.. u.. .r 1 . .4. p. wu. ,4w 1.414.1m .4 11 1101 b.4 141 ,u 1111.1 141 IIA1 I r ,y 1 ~ 111 * r ~ I ~11~ . ~ A J011]11.1 ~ J '{{p~,' y1 %~IY ~Vi'~'M I A MM A e I ab{ " i ~I' I~I I'i {v1 ~I,' 1 11 yI GI 1' V .I Ij~~rn~x y !~II Y~i,li M1I r 1 1'''111 FF~t It ,11 "1 0, I, IJI 11~I , 1' / F 1 r~' 1 11. 3 ..I ,.,r.... .r Hu•1 .111...,, 1N 1PwN411A V~ err,. ..1 .4 . - , 1.11 dpIp fit 1N.IN1I UA, ' {,~y11.M 111{ 'f'1rJ prwr lw .ry p 1 II 'r NaaJ11 MR' Y1 i 1 j. 1 ..{....I, n.nllny,l q r 1 4~ 1' 191t1r > y'. t . w 1. „1 . 4.1, p~1•M111+ 1;~~%q rl,b ~ Jtr . 1114.1.114., 0 1`,. ~a,1 s, ''I' it II uu r` r: WEI, tasit IVAN N M11v r0O COVwn M N State M srlrs eriL NwA Id , It Irlrr' 1 t, 4 Do lhr' ICIF dny 0 I1.. n r, l.l.r, 19, I, ,IrLn m. j 11„rt.. b. ..l jg,jrlvert can't _ I Lr~v+r It 'Moot ' ;#I 466'41 )NA TERRY r:APf1A4 d ) WeA` _ ,Ao note kslOWn In la! tar in,61,11W drwril.nl In rorl +M M " Imr.? b a s4 "Iwwl Awl*" M 110 i,.;I to Idw Ow f lletoint 61Ururorr'1, am who", ..fr..f IMI Ito. M"I the I rry..er iw'sr+we, td rtIa UAP4 • r'a a eras MrI thr umr. PaIr"44 Aw w 1 {~n~ f ; R.I +otinry Z+,IGl to ~ I i rl µ II 4;' yI Hy S} Its JI 1 II111 0/ NIW TORN. teYMir Of 11111 of wow eel/r, ttrntl of ' 111 { Olt the ` d:IC I P, , Iehle n'r (to IN, A,. r 1 11 FrY Rt'711'l~ 9r fwl Vlnrlly f11Ir I+I t t . { 1, lo Inc 4nbx'1 wh . h.ie,,; I,v w0A 11 11 r Lei'', "l1. IIIr11 I.r n 1, 1. it tow v* Or! 1 , "F- Ihnl ho i. Ill, 0, of 11 rF' fill ntlr.m': n•11., mono y Yt~j In Noll Mhlrh r.. tl•,1 Ih. L "".mq n . tun nt' U of M M to she forth :VIII , n 'I lknnwL Lk snnl of vId mrI.,nlnm; Ihd h al aRiard I 'Irutir.rl n, and M rNrwed wit, I.rgMnt inoly Noll'. Ito mid inltru lent to each comate w,l 631 it cal sn 1l,at h., urd mflwr;Fln1 r,wr1 r?e Preww Ind Moe ' ,';,finned order rf Ih. board nI directors of a • nn. .vrvrr 4w How; ?n•1 that hqq How vY11Yf , t"•91 NON, u^idl lh111 It, drned h norm Ihrrrln I'e fkr ,idrr U #Iw "me tix ruf"w A q?n+t N wi Ml IA11f i. efr Ifi, X55 u I ~~{I {rye a,, 'r' I 1 AvIts Fbu. COY?wAwt?, vl nnv I r ~~t~ y, r I k'I I It111U1~`4 ?tlwt T EDNA TERRY RIIRNAN I"1 iIt, Q,I ll.{r 11'1 \11 u1 Inw\ IS^' A A I.i TO lI EDt1A T1:RRY IIARNAN onrl ?.m.+.t ~ p Il 1 VIRGINIA DEIINI;TT MOORE MOSS I nu eon toll I W1 rNrn rnwr?rr {I (~r , I tl...rr tmr I..+w. 1 z ~+I , 111UY1 IM M 11t 1111 "a M lint Pwmtdil ?wm A. wrN r s' y~1 ~c~" lwnnhnfrd by i IIELP.II S. UtDt+ {I I ':awIowao r t r111os Main Stret•t P. D, eor 959 V +fyq 1N/rVtrANCtt COMVANY , rode •nnnptonr Now York ~a+}yf, k yr' ItOM¦TITr.e n/vtsloN w ttiwe379J7ff ' ;ij it ux+,, x',14 ~'f +1 J e Y y ~ri J Y N = ff~j I i t q y, ~ )F.r ' t~ t. N~ r a j~I. 1 1 i,qq 9 Ll Villh j PZ"Cll I' N.' • JSI...So-.aY-w,.neyDe WOtFunCmIg/.eY^-1oN.le,ularlayoraam. L ~9 jV( r F/~~VVJJll( L Vl PACE2(~3 INR_ ~!"~i+'rf,~ PLEASE Da NOT tSN THIS INDENTURE, madel~tbe 30'~ day of Marc", nineteen hundred and fifty-one, BETWEEN WALTER R, HYATT, residing at Wickham Park; Greenport, Town of Southold, County of Suffolk and State of New York, ' party of the first part, and RDNA TERRY HARNAN, residing at 127 Remsen Street, , Brooklyn 2, New York, party of the second part, WITNESSETH, that the party of the first part, in consideration of TEN (010.)------------------------------------- dollars, and other good and valuable consideration, lawful money of the Wnited States, paid by the party of the second part, does hereby grant and release unto the party of the second part, her heirs and assigns forever, ALL that tract or parcel of land situate at Horton's Point, near Southold, In the Town of Southold, County of Suffolk and State of New York, bounded and des- cribed as follows:- BEGINNING at a concrete monument set at the westerly corner of land conveyed by the party of the first part to George P, Lewis by deed dated June 12, 1950; and running on the extension westerly of the northwesterly boundary line of said land conveyed to Lewis, S. 440 52' 20" W.- 16,61 feet; thence along the northeasterly line of a certain 15 foot right of way, hereinafter described, N..-610 14' W.- 203.66 feet; thence along other lend of the party of the first part at right angles to the last described course, N. 280 46' H.- 115.0 feet; thence still along other land of the party of the first part and parallel with the second course above described, S. 610 14' R.- 236.87 feet to said land conveyed to Lewis; thence along said land conveyed to Lewis, S. 440 521 20" 1R.- 104.09 feet to the point of beginning. y TOGETHER with a right of way 15 feet in width over land of the party of the first part; the southwesterly line of which Is parallel with and 15 feet south- westerly from the southwesterly boundary line of the premises hereinabove described, measured at right angles thereto; from the southwesterly corner of the premises southeasterly about 200 feet. ALSO with a right of way 30 feet In width "over land of the party of the first part, from the southeasterly corner of the premises hereinabove described, southeasterly about 900 feet to Sound View Avenue. ALSO with a right of way 30 feet in width over land of George P.Lewis, from the northeasterly corner of the premises hereinabove described, southwesterly about 120 feet to another 30 foot right of way-as'described above. p. i RESERVING; however, to the party of the first part, tits Iegal-representatives and'assigns, a right of way 15 feet in width across the southwesterly end of the ipremises hereinabove described, the northeasterly line of which is parallel with and 15 feet northeasterly-..from the southwesterly boundary line of the premises, measured at right angles thereto. RESERVING, however, to the party of the first part, his legal representatives and assigns, a right of way 10 feet in width across the southeasterly end of the premises hereinabove described, the northwesterly line of which Is parallel with and 10 feet northwesterly from the southeasterly boundary line of the premises, measured at right angles thereto. Said 10 foot right of way Is to be used until ,;x,3198 4 such time as th foot right of wey over land of LewiI~dese Abed above, Is made passable for vehicles and pedestrians, at which time the use of said 10 foot right of ;way will cease. SUBJECT to right of say end easements now granted or to be granted to the Long Island Lighting Company for the purpose of erecting. publicl utility lines on the surface or below the surface of aforesaid rights'of way... SUBJECT to the following covenants and restrictions:- 1. That neither the said party of the second part, nor her heirs shall or will manufacture, or sell or cause or permit to be manufactured or sold, on any portion of the premises hereby conveyed, any goods or merchandise of any kind, and will not carry on, or permit to be carried on, on any part of said premises, any trade or business whatsoever, or any boarding house. 2. That no outside toilets or waterclosets will be erected on any pert of said premises. 3. That no trailers or tents will be kept, used or allowed upon said premises except when kept within an enclosed building or garage. 4. That said covenants are declared to be and shall be covenants attached to and running with the land. The Bald restrictions may be released or altered by the party of the first part at any time. TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center 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, her heirs and assigns forever, U6EA3198 PAGE295 AND the party. of the first part, in compliance with Section 13 of the Lien Law, hereby 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 he applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. AND the party of the first part covenants as follows: FIRST.-That said party of the first part is seized of the said premises in fee simple, and ha a good right to convey the same; SECOxn.-That the party of the second part shall quietly enjoy the said premises; THIRD.-That the said premises are free from incumbrances, except as aforesaid; FOURTH.-That the party of the first part will execute or procure any further necessary assurance of the title to said premises;.. Fir' H-That said will forever warrant the title to said premises. IN WITNESS WHEREOF, the party of the first part has duly executed this deed. IN PRESENCE OF: STATE OF NEW YORK, COUNTY OF SUFFOLK. q ss.: On the 1 day of March , nineteen hundred and flfty-aner before me personally came - WALTER E. HYATT, to me known to be the individual described in Rod who executed the foregoing instrument, and duly acknowledged that he executed the same. T -I R/ENNSSS,IAHR 0. Y@Mq V, Jn NOTARY PUBLIC STATE Or NEW YORK Residing in yfolk fgunlV 62 395,11350 M, Cgmpshsb0 expires M-h 90, aeR STATE OF NEW YORK, COUNTY OF ss.: On the day of nineteen hundred and before me personally came to me known to be the individual described in and who executed the foregoing instrument, and duly acknowledged that he executed the same. RECORDED A AR 30 ,y1~951 d N M t P. HUGHES d ERK OF aU•TOI.H OOIIlTY 1 STATE OF NEW YORK, COUNTY OF , s>.: On the day of nineteen hundred and before me personally came to me known, who, being by me duly sworn, did depose and say that be resides at No. that he is the of the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF as.: On the day of nineteen hundred and before me personally came subscribing witness to the foregoing instrument., with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. , that he knows to be the individual described in and who-executed the foregoing instrument; that he was present and saw execute the same; and that he, said witness, thereupon at the same time subscribed It name as witness thereto. - L, xo tl + qy 5wa a t-5 z ;4 Is n F JJCCC j y~ 0 F> A` trtyy 1 `l ` y a x„ a s W.. R ~ti ti s..; o<w a F'Q 0 9d Bps H a C 0 C W Z r ca 2: pp O V W J' 1~ ,Q V U. K.JO ~ W G O U k i' r~ W H y r ' a- U. S. Internal Revenue St.." J / 4 P. 549.5-49.2011 STATUTORY FO Rtf A Deed nith Full Covenanta-( m, uloau 0 City Title 1- mee Company V Q ~,u~o5?131 P~~F~30~ THIS INDENTURE, made the )a~ay of September nineteen hundred and sixty-two , between EDNA ROCHFORD BENNETT ~ •tn o residing at 203 West Blot Street, New York City k~i d part y of the first part, and ' Cwt EDNA TERRY HARNAN and VIRGINIA BENNETT MOORE MOSS,b th ^ residing at Box 01, Southold, New York part is, of the second part, WITNESSETH, that the part y of the first part, in consideration Of TEN ($10.00) Dollars, lawful money of the United StatesAd other good and valuable eonsideratil~ l by the part is a of the second part, do as hereby grant and release unto the parties Of the second part, heir heirs and assigns and assigns forever, ALL that certain plot, piece or parcel of land, situate lyyingg and being at Horton's Point, near Southold, in the Town of ~outhol d, County of Suffolk and State of New York, bounded and described as follow) BEGINNING at a concrete monument placed for a bound at the southeast corner of premises heroin desoribed on the westerly side of a 30 foot Right of Way which is also on the westerly line of land of George Lewis and which point of beginning is at the northeast Conner of 'land of Edna T. Harnan; running thence along said land of Harnan, North 610 141 West a distance of 236.87 feet to a monument and land of Betty Parsons; running thence along land of Betty Parsons, North 280 46t East a distance of 82.68 feet to land of the Southold Park District; running thence along said last mentioned land the following three (3) courses and distances: (1) South 730 241 10" East a distance of 231.72 feet to a monument; (2) South 580.34' ((,01t East a distance of 2$.57 feet to a monument; (3) South 400 411 20° East a distance of 21.64 feet to the 30 foot Right of Way and said.land of,Lewis;, 'running thence alprig the westerly side of said Right of Way and the land of 'Lewis, South 440 521 20" West a distance of 127.76 feet to'the point or place of beginning. TOGETHER. with the use, in common with others, of a Right of Way, 30 :foist in width from the easterly corner of the premises and adjacent thereto for the full extent thereof, southwesterly about 2 0 feet, '.together with the gight wR to the use, in common with-otheka, of a Iright of way 30 feet in width overland of Walter E. Hyatt, extending I,from the northerly line of the above mentioned right of way south- easterly about 900 feet to Sound View Avenue. UBJECT to right of way and easements now granted or to be granted to [PAM eacr~~ Ithe Long Island Lighting Company for the purpose erecting public utility lines on the surface or below the surface of aforesaid rights of way. SUBJECT to tlr followint; covenants and restrictions:- - I S. That neither m% the party of the second, nor her heirs shall or will manufacture, or sell or cause or permit to be manufactured or sold, on any portion of the premises hereby conveyed, any goods or merchandise of any kind, and dll, not carry on, or permit to be carried on, on any part of said premises, any trade or busire ss, whatsoever, or any boarding house. 2. That no outside toilets or waterolosets will be erected on any part of said premises. 3. That no trailers or tents it 11 be kept, used or allowed upon said premises except; when kept within an enclosed building or garage. jt.. That said covenants are declared to be and shall be covenants attached to and running with the land. The said restrictions may be released or altered by the party of the first part at any time. TOGETHER with all right, title and interest of the part y of the first part in and to the land lying in the streets ind roads in front of and adjoining said premises. TOGETHER with the appurtenances and all the estate and rights of the part y of the first part in and to said premises. TO HAVE AND TO HOLD the premises herein granted unto the part ieef the second part, the heirs or successors and assigns forever. IIBEP--31 P*40 d i AND the part ybf the first part, in compliance with Section 13 of the Lien Law, covenant that die 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 im- provement and that s he 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. AND the said EDNA ROCHFORD BENNETT part y of the first part covenants as follows: First.-That said EDNA ROCHFORD BENNETT the part y of the fast part 1s seized of said premises in fee simple, and has good right to convey the same; Second.-That the part leaf the second part shall quietly enjoy the said premises; Third.-That the said premises are free from encumbrances; except as aforesaid; Fourth.-That said EDNA ROCHFORD BENNETT the part y of the first part will execute or procure any further necessary assurance of the title to said premises; Fifth.-The said EDNA ROCHFORD B13NNETT the parlr of the first part will forever warrant the title to said premises. IN WITNESS WHEREOF, the part y of the first part ha s hereunto set herhand and seal the day and year first above written. I'll / o In esence of: ~/„~~7!G1000V L.S.) EDNA ROCHF9, D BENNETT I~ STATE OF NEW YORK, COUNTY OF NEW YORK 1 ss.: On the I;kttday of September, one thousand nine hundred andslxty-two before me personally came EDNA ROCHFORD BENNETT to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that She executed th5 same. r. RECORDED h IIAE aEYI~ 000A NCtarY Nblic. State of New York No. 24 0282450 SEP Qualified 11) i~rrlf's county 17 1962 Commission E.otres ma,m, 30, to,, f~~p z`I M. 3 NORMAN E. KLIPP Clerk of Suffolk County II STATE OF NEW YORK, COUNTY OF as.' . On the day of , one thousand nine hundred and before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. STATE OF NEW YORK, COUNTY OF } ss.: On the day of one thousand nine hundred and before me personally came the subscribing witness to the fore- going instrument, with whom I am personally acquainted, who being by me duly sworn did depose and say thht he resides at No. that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. a ~ sW q ~u w_~ O 'J E W A S. .o o ~o 90 two; E a OH ~ E ~T O rt ~ t ~G4 a Q 9 N bil: Z3 °O (,rfy~,7 ypYy z del z 3: a «Y" O t>: WW aJ ro N. C V ° J F yak H u' y gs` Y O\ ism 3; O / 4s WK N d Y C F a S -I 2 W Y U v O G T W J a J aJ0 ti~ x ~ ~ LL ~ti F ' r Y rn = N <;