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4384
o~OgOFfO(,~-c0 APPEALS BOARD MEMBERS o° Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOA7R~D OF AUPPEALS Appl. No. 4384 ACTTIO~ OF YVI -OF APPEALS DATE OF ACTION: May 29, 1996 - VINCENT MANAGO, Contract Vendee; Owner - JOHN PURPURA) LOCATION OF PROPERTY: 8225 Nassau Point Road, Cutchogue. COUNTY TAX MAP DISTRICT 1000, SECTION 118, BLOCK 4, LOT 10. BASIS OF APPEAL: Building Inspector action dated April 22, 1996 concerning location of accessory shed (without a building permit), at an insufficient setback from bulkhead," Article XXIV Section 100-244B. RELIEF REQUESTED: Accessory building is for storage purposes only, and is located south of an existing wood bulkhead (below top of bank) at a point shown at an elevation approximately six feet above mean sea level, and known as rear yard. This 8' x 10' shed building has existed for many years in this location, and is centered at about 65 feet from the northerly boundary property line, and 66+- feet from the southerly property boundary line. MOTION BY Member Villa, SECONDED BY Members Doyen and Tortora ACTION /RESOLUTION ADOPTED: Granted setbacks as requested and as exists in present location away from the bulkhead, with the CONDITION that the only utility be electric, as agreed and discussed at the hearing. (No plumbing, no lavatory, etc. to be requested in the future or permitted. Building is for storage use only by the owners). REASONS /FINDINGS: Dwelling in its present location (built prior to 1957) is located less than 30 feet from the closest "top of bank" elevation, and the rear yard is limited in size due to the nature of the topography towards Little Peconic Bay. The variance requested is not unreasonable and will not adversely affect the character of the neighborhood, or the health, safety, welfare of the community. VOTE. OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio Jr. , obert r a, Lydia or ora and r d P. Goehringer. This sp3fi1?.dJ7u?l'~~1$~ 5 1 +1.1L Cali _ -1..L 1\1 .L{11 " 7 pia / G RARD P. GOE ING R, CHAI AN gUFfO(K O C APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. 41$~ Ni EO. Box 1179 James Dinizio, Jr. ~0 Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, MAY 29, 1996, commencing at the times specified below: 7:30 p.m. Appl. #4386 - CINDY AND MITCHELL RUGGLES. Application for a variance based upon the May 6, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code, Article IIIA, Section 100-30A.4, to locate an above-ground swimmingpool with entry decking and fence enclosure in an area other than the required rear yard at 1150 Nakomis Road, Southold, NY; County Tax Map Parcel No. 1000-78-3-15. The subject parcel contains a total lot area of 13,200+- sf. 7:35 p.m. Appl. #4379 - LISA AND NIKOLA GALJANIC. Application for a variance based upon the Building Inspector's April 4, 1996 Notice of Disapproval, ref. Zoning Code, Article XXIV, Section 100-244B as amended 11-28-95 to construct new dwelling, maintaining the existing dwelling's front yard setback location. Location of Property: 1065 Bay Avenue, East Marion, NY; County Tax Map Parcel No. 1000-31-9-1. This parcel consists of 171590+- sf. 7:40 p.m. Appl. #4384 - VINCENT MANAGO as Contract Vendee (Owner: Page 2 - Legal Notice • • Regular Meeting of May 29, 1996 Southold Town Board of Appeals Edith Purpura). Application for a variance based upon the April 22, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code, Article XXIII, Section 100-239.4 to replace accessory storage shed in a location less than 75 feet from the bulkhead. Location of Property: 8225 Nassau Point Road, Cut,chogue, NY; County Parcel No. 1000-118-4-10; also referred to as Lot 64 and part of 65 on the "Amended Map A of Nassau Point" (1922). The subject premises contains a total lot area of 1.375+- acres in an R-40 Zone District. 7:45 p.m. Appl. 44385 - KEVIN & ASCENSION KYLE. Application for a variance based upon the May 6, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code, Article IIIA, Section 100-30x.3, to construct deck addition with a setback at less than the required 50 ft. rear yard setback, at 815 Park Avenue, Southold; County Parcel No. 1000-56-1-2.4, also referred to as Lot 7114, Long Pond Estates Subdivision. This is a corner lot consisting of 40,017 sf. in an R-40 Zone. 7:50 p.m. Appl. No. 4383 - HELEN DITTUS. Application for a variance based upon the May 7, 1996 Notice of Disapproval from the Building Inspector, ref. Zoning Code Article III, Section 100-33B(1), for approval of accessory shed in the southwest corner of the rear yard "as exists" at less than the required three ft. setback. Location of Property: 305 Masters Road, Laurel, NY: County Parcel No. 1000-126-9-22; also -referred to as Lot, 6 and part of 7. Vlap of Property of Dan J. Stack (County Map =815). Size of Property: .25+- of an acre. 7:55 p.m. Appi. No. 4381 - LARRY AND LINDA RAPPAPORT. Application for a variance based upon the Building Inspector's April 30, 1996 Notice of Disapproval, ref. Zoning Code Article IIIA, Section 100-30A.3, for approval Page 3 - Legal Notice • • Regular Meeting of May 29, 1996 Southold Town Board of Appeals of porch addition "as built" with a setback at less than the required 15 ft. minimum side yard in this R-40 Zone District. Location of Property: Lot 414, 13 and part of 12 as shown on the Map of Point Pleasant containing 2.00+- acres; 1605 Pt. Pleasant Road, Mattituck, NY; County Parcel No. 1000-114-1-5.1. 8:02 p.m. Appl. No. 4382 - ISLAND ALE INC. and F. CICHANOWICZ 3RD. Application for a variance based upon the Building Inspector's March 25, 1996 Notice of Disapproval to construct new principal building at a width of more than 60 feet which is restricted by Zoning Code Article Y, Section 100-103C of the Zoning Code. Proposed Restaurant (Principal Use) in this B-General Business Zone District. Location of Property: 32240 Main Road, Cutchogue; County Parcel No. 1000-103-1-19.3 (includes former 4103-1-18 consisting of one-half acre, and entire 26.2 acres is a part of a 55.2 acre parcel of record in 1985). 8:10 p.m. Application of SCOTT RUSSELL - Reconvened hearing (carryover from Mac 1, 1996). 8:15 p.m. Application of DANIELE DUPUIS - Reconvened hearing (carryover from May 1st). The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not ;tart before the times designated, and are in addition to other hearings. It is recommended that The file(s) be reviewed before the scheduled date of the hearing for updates or new information. If you have questions, please also do not hesitate to call 765-1809. Dated: May 13. 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER. Chairman By Linda Kowalski l ~XGC~~C/(iZQLC/• FORM NO. 3 • )y _cp~„~ CA1~2 L Q.l cL TORN OF SOUTAOLD a~ ) pCc 8->Ctc d- $£f%Att' ~ BUILDING DEPARTMENT t7n 7fa -y /tt cr, Y SOUTHOLD, N.Y. MAY - g, NOTICE OF DISAPPROVAL L DATE: A rP ..il _2.2.,. 1.9.9.6. Vincent Manago To 10 Bellows Lane Manhasset, N.Y. 11030 PLEASE TAKE NOTICE that your application dated APRIL. 11, - 96 19. for permit to --CONSTRUCT AN ACCESSORY BUILDING at Location of Property ...8225 NASSAU POINT ROAD CUTCHOGUE, N.Y. House No. Street Hamlet County Tax Map No. 1000 - Section ....118.... BLOCK ..04....... LOT 10. Subdivision Filed Map No. .........Lot No. is returned herewith and disapproved on the following grounds ALL BUILDINGS LOCATED ON LOTS UPON WHICH A BULKHEAD EXISTS AND WHICH ARE ADJACENT TO TIDAL WATER BODIES OTHER THAN SOUNDS SHALL. BE SET BACK NOT LESS THAN SEVENTY-FIVE (75) FEET FROM THE BULKHEAD. ---•~--y. BUI ING INSPECTOR G RY J. FISH RV 1/80 'y 111/\1~1~ (11 I11 .11.111 IV[ ! ~ ~ ,I ~ Flout all. 1 ) r• r rN ur rl.nrl . ii 'foul? (IF SOU I HOLD 5 IT . APR I 11996 1 ~ RN I LD I M: ORFAIT HRflf CIIRCK . TOWN NALL SEPTIC F(IIt FI . !iONINOLD, N.Y. 117/1 BLDG. DEPT TEL! 761 MO) tllll'I PY: TOWN Iienrliletd 17.... MAIL 10:.................. Approved 19.... Pelnlil. No. Ilinnignrmed o/r ~'A~iC-? !f/f......z///J (Ihl{Idiog limped m ) APPLICATION FOR IIUILDIIIC 1'F.I11111 Nnle 19.... 1"HI R 1CTIONS It. thin opplicnli(n, nun? Ire (millolply filled in by lypxnardlrr or in 1,& out mohndt led to the Iklilding Inm eri or oil 1'.1 non of plan", nccolnle pint- plum In o-ndc. Fee occalding to nchedole. h. Plot. plan rlloiling Irx.nt irnr (rf lot. food of brildingn (u1 prrnninen, relnl {onnhip to mljo{n{nA prnninen or plbdic nlleeln nr nrenn, rate? Aivlnn n (lelnllyd donor ipf{(o of Inynot of plnperly nun?: Ira drrn+n (rat the dhy;rnn wllirh 1n Ixn 1. of Min nppi icnl: hon. e. 'Ibe ")Fit craven±d Iry Ihin "1111 ir.nl into 1•r1y not Ix! r(mnllnx.rd belme dnvornwo of 11,111 riling Voindt d. Ilpnr nprinfrvnl of thin npgdicnlial, the lloildinn Ionlwulor will inane n lmilding Penal 1. Iu the nppl ic:nd . Qvi, pwnnif elorll Ie. Aepl. (fir llw prnnl aes nvnilnlrle for innpleel-i(m Iln(>, q;fuxn_ the Mnk. P. ILr Inrildhrg rhn111 lu+ rxtcupiwl mr noted in ,hole fir L, pool. for rely pot lime into? ever wn(il n Cert if{rote of (ktn grotty nhnl 1. hove Iroeu Ar nap ed by the 14rildinA Innpncl or. Al'I'I.It:A'11fA1 IS 11RUF11Y IWAi Io Ilm Wilding Ilepnl Olen? for the {nmmwp of n Ihrllding permit. lenvnmol. In the 141dlding 7enul thdinnoce of the loam of fkodhold, S"'Holk Gnarly, 1"; York, food other applicable flown, (hillimimn of Itei;wl of irnr", for the (sxnlCrAlClion of boildingn, (uldil_irr,n of nlletn(irnm, of for rrnrrvnl or rk+mlilion, no herein defer fired. 'tile nirplicrnd-. unreel Lo r(egly with nil rrppi icnble loon, orrl nou-en, hollddng role, Intoning c(xle, mxl rrgolul loom, mud to rxhlil (mlluuized {napeciwnr (m Int"ieen nod in boil fug I ore e nary Innlrecl. !(At!;. f (ilgnnlure~VVtl or apdt,I nf, o[~J:ne, if mom lxn:ll ion) 4Wh#sse-r,). NrH%.~~ ~r.....ll )3 U.. (OniIIng lulthena of nlg) terror.) 9I 11 VAR-lbpr nppI ii- in (wrier, leaner, mead "r cll it ert r I Inver, ArlonA rtol root or, elect r Wine, plude`r.o boi Idol D 1 P~ L, w ! aao P~ ~loG ^A de~~ ~Q p rh 141& .....I... Y'.. Na'~?et" . Ilnm of IbI M!r of 1,1 (,ninon 4!^-i.".. Put. !R LL I~.A (fill on the I:ot roll or Imes? derd) If n1111 irmrt in It coo pom of irnr, niAnfil Inr of duly not for izod off if nr. 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IYI MIA r Llnn'IJarl pill I P au JaaJ 00(: Irllllln A.Il7Nluul Pill) rl "(:1 .(VI :x0,)11 . nun , I,IIV tnl:n'1 Pxr J Ju .111'11 .ryl :Mall (m;),1Nry 1' '~1,/ I a:r 119:'lV .In .111,11 ~+8G4'=Gp9(9 'Vl Iwrorll ...b.foll l~t~ ~b l/Yvvy mmilrl)v Dpp N. nnP nc rd n :N1r ~ S, naly I/pE 2)L°~° o a°"7 senora bV bwj~rdj3~+o7Nl I a Vasay~oY~ 11 1 t `9~ " I J:IA rnan 1110 rd un r_) uo a1 Illd rna:u(n I I I I I .......pain"OlaI a(I Jul 11111 IT :1101 lulnfl:,t ~M1 :,:nmul Pro"evr Iln 1Krz Aim t)n tNr bn/~ 1 I 1n1 1 I1:N11'.INIKq p:,n(KI(r ,d n:nVl 'f.l pBlenlln Boll na::vnrd If.rIIYI III l:,I r I'rlIr I n m aKr/ it rVl l?rn. u a1 ~ nl:rnA1 .Io if I'll 'ill 11 luoi.l :1111 Jo Ball; h pull olr .lo i:K li.Vl _y'j.!'. 11 r11 :91 /j I11 VI J..~/... IIr:)l1 (..a~" 11x1 IiI :I NII I:NII InIN):1 IV~1 arlluq ,lu r.IKrl ,)11.1,)111 11 `7511{ I"11 1'1'11 ~11 "r"?. 111d:Y1 i v. , O . . 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Kevin McLaughlin, as atty & agent I, 0aW.1or..V.INCENT.. ......................of ..........J Q..# 7 J RSiS..I aI1Q.................................... Narne of ApCe~tont Sheet and Number Manh itzt 1,M................... 11EREBY APPEAL TO Municipality Slate THE ZONING BOARD OF APPEALS FROM THE DECISION OF TI IE DUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . DA"TED WHEREBY THE BUILDING INSPECTOR DENIED TO VINCENT MANAGO Nome of Applicant for permit of 10 Billow L ane ..............Manhasset NY.:..................................... Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY I[= BUILDING PERMIT 1. LOCATION OF THE PROPERTY .8225„Nassa);••P.Q]A~..ASL.,...CUiOhAgU~ )Z-4A........... Street /Ilantiet / Use District on Zoning Map . Edith Purpura District 1000 Section 118B1ockO4 Lot . 10 .-Current Owner Mop No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate ilia Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXIII I Sect ion 100-239.4 3. TYPE OF. APPEAL Appeal Is made herewith for (please clieck appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( 1 A VARIANCE riue to lack of access (State of New York Town Law Chop. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal Mal (has riot) been made with respect to tills decision of the Building Inspector or willi respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No .................................Dated .............................r........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance Is requested for the reason that applicant desires to replace a storage shed on the subject );remises within 75 feet from the bulkhead adjacent to a tidal water body other than sounds. Forin znl (Continue an ollhei side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would Produce Practical difficulties or unneces- sary HARDSHIP because of the contour of the subject premises wherby a steep, bank is located landward of the bulkhead making the placement of a storage shed at least 75 feet landward of the existing bulkhead extremely impractical. Additionally, the existing one-family dwelling is located, in part, within 75 feet of the bulkhead, which would necessitate the placement of the storage shed in the sideyard area if same were located at least 75 feet from the bulkhead. Also, many of the persons who would be using the beach in front of the bulkhead are somewhat disabled, making it virtually impossible for them to carry chairs, umbrellas, etc. up the steep bank. 2. The hardship created is UNIQUE and Is riot shored by all properties alike In the Immediate vicinity of this property and in this use district because of the aforessaid contour of the subject premises and the presence of the existing house. 3. The Variance world observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because many of the properties in the immediate vicinity of the subject parcel are improved with similar cabanas, storage sheds, etc. Also, the subject premises were previously improved until recently with two accessory buildings located at or about the same distance from the bulkhead. La in, a atty & agent for J. Kpev PI A STATE OF NEW YORK ss COUNTY OF SUFFOLK nott Sworn to liris day .....,.Ma:.................................... 1996 . ' ....:T................. Not y Public cXt !.t5 cGAYHEY aurrtary r:;t:~f'c, a?ads a9'r IMe+rr ~'re~ . 4872093, County of Sauffork Tcr m Expires septembor 22, 1 Q _ TOWN- OF SOUTHOLD P OPERTY RECORD CARD 477 A/ OWNER STREET VILLAGE DISTRICT SUB. LOT ~dJsdv Oc f Raael C/Uo ve . . c FORMER OWNER N E ACREAGE S. W TYPE OF BUILDING RES ~jZ~-, SEAS. VL. FARM comm. IND. CB. MI LAND IMP. TOTAL DATE REMARKS y~G© Dp - g cshs/r /aisre af,P P ~ c. d Ya o v 0 o y a d / G o-U y`i~v !fAz 60Q ASE BUILDING CONDITION - NEW NORMAL BELOW ABOVE - - Farm Acre Value Per Acre Value - Tillable 1 - Tillable 2 Tillable. 3 - - Woodland - - - Swampland Brushlan*M- --v .w House Plot y - Toto l k .P eh+Y^r5 i"' »b •tx r t . , ,x - ...Si"s saln.y`~'x'-,s b t, G y - - - - - - - - - - - - 4 4 N ~ Y'4LfyW S7eR ~ nt 1 41, I • y.1+J...fis.i+Mw tl•`Nwt!a~k Vw'f M. Bldg. Foundation Both Extension 1'~ }(3 100 c 1 ' Basement Floors d Ext. Walls ~K Interior Finish W Extension l y Extension" Fire Place e ell Heat Ato r 12, _i 13 Y i z ~c f y vXer ~YYY 3 Porch Attic r, = - ' Porch Rooms 1st Floor Breezeway . v%Lyt atic, Rooms 2nd Floor = Garage .7-4 Ir ' _ ._:~,,~.1 ~ _ ~ A - - - - - - ii.k O. B. ~'ac~ Lor' `~DY n; . G z 7j . - i ~J - I T del 391.38' i w i o„1 tit i~'I~; ~ 8200'00• E. m N. Iw 1 ~ ~ ~ ' 0 l~ 1 g,s r 1.f~~/a9 Ito 'i;j ~iIR~ 51o/!C jclfY i aa,~ ilil~i~~i~ p ICI e ~ d1 j Pw, a hie cn m as ~iA i O ~ ~ ~ ~ill 1111 II° I z n n 9.5 P 64 /137 m m D 5 LOT / 5D 5 ;y \ C 0' o j' 9 ~ a~ nr Y H I ~ ` ti'a i~ O~ VIII\~, 1 1 W II vi m i3Y ~ 111 i 0 ` \ sloj6 52 ° ~ ~ s I ---7Z m n I to Lit ° sp 5 , O a 2 ` .~'n / o 11 1 v v n1 < O LOT O1 P~ 11 I 1 i1 , \ ~ 4 3 367.99' JU < i and . H O 0 m~ NC ~Ot ao~, .00. W S. 82-00 T p/0 L 0 SURVEY OF LOT 64 & PIO LOT 65 CERTIFIED TO, "AMENDED MAP A' OF NASSAU POINT" ~ZF,I~F r'ew. FACED AUG. 16,1922 FLE NO. 156 1 m ETr Fp or AT NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION 1000 - 118 - 04 - 10 s961 OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, ii EXCEPT AS PER SECTION 7209-SLIBDIWSIGN Z ALL CERTIF7CATIONS AREA = 1.3084 Acres Scale: 1 = 30 'Y'S' L1C' NO. 49619 HEREON ARE VALD FOR THIS MAP AND COPIES THEREOF ONLY IF SAD MAP OR COPIES BEAR THE AIIPRESSED SEAL OF THE SURVEYOR to fie lines Feb. 16, 1996 PECONIC SURVEYORS, P.C. WHOSE SIGNATURE APPEARS HEREON. (516) 765 -5020 ADDITIONALLY TO COAPLY WITH SAD LAW THE TERM 'ALTERED By' ELEVATIONS AND CONTOUR LINES P. 0. BOX 909 MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY ARE REFERENCED TO N.G.V.D. 1230 TRAVELER STREET OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND FLOOD ZONE LINES DETERMINED FROM BROUGHT-TO-DATE' ARE NOT IN COAIPLGWCE WITH THE LAW. CONTOURS 8 FIRM. SOUTHOLD, N.Y. 11971 96 - 113 ~~gUFfD(~c-__ pG APPEALS BOARD MEMBERS a,~~0 y o Southold Town Hall Gerard P. Goehringer, Chairman ~:2!, 53095 Main Road Serge Doyen, Jr. y °y ~W P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villaa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD July 16, 1996 J. Kevin McLaughlin, Esq. P. O. Box 1210 Southold, N.Y. 11971 Re: Appl. No. 4384 - Vincent Manago (John Purpura Property) Dear Mr. McLaughlin: Please find attached a copy of communications from the Suffolk County Department of planning which results from their review under the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconic Bay area, West Harbor, Fishers Island Sound, Long Island Sound, and its tributaries. The County has left this project for Town determination, and therefore no further action is required by the County or the Board of Appeals. This copy is for your update and recordkeeping. Before commencing construction activities, please be sure to follow-up with the Building Department at 765-1802 to determine whether the file is complete for issuance of a building permit or certificate of occupancy. Very truly yours, Lucy Farrell Enclosure COUNTY OF SUFFOLK E o y M L Jim ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN M. JONES, A. I. C.P. DEPARTMENT OF PLANNING DIRECTOR OF PLANNING June 24, 1996 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Rappaport, Larry & Linda 4381 Island Ale, Inc. (F. Cichanowicz, owner) 4382 Dittus, Helen 4383 Manago, Vincent 4384 Very truly yours. Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C. WPW1N60\WPDOCS\ ONING\PERM\FORMSLLD-ZON1 w D "0 'd...BRO DRIVE • '.O. BOX ,,cu 6 HM PPAWGE. LONG 3LAND VF ._9N-009° • - 6) 953-',I^n • -at il( i5li t0Z.t y~OgUffO(,~c APPEALS BOARD MEMBERS Southold Town Hall Gerard P Goehringer, Chairman p 53095 Main Road Serge Doyen, Jr. t. PO Box 1179 James Dinizio, Jr. ^~'~JOI # Southold, New York 11971 Robert A. Willa Lydia Robert Villa a Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to AY, :cle K V of cee Suf=oLk Count-,r Adn n; strztve Code, The Board of Appeais of the Town of Southold, New York, hereby refers the follcwinq to the Suffolk County Planning Camussicn: XX Variance from the Zoning Code, Article XXIV Section 100-2446 Variance from Determination of Southold Town Building :Inspector Special Exception, Article Section Special Permit Appeal No: 4384 Applicant: Vincent Manago, Contract Vendee-John Purpura, Owner Location of Affected Land: 8225 Nassau Point Road Cutchogue, NY County Tax ;hap item No.: 1000- 118-4-10 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County ,Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation ,Area Existino or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has establ a hed Channel Lines, or Within One chile of a Nuclear Power Plar,t dit.",in One :`file of an Aircor`_ Comments: Applicant is requesting permission to locate accessory shed without a building oermit with an insufficient setback from bulkhead ana re,ated aocuments enc~osee'or your review. Ca-~ June 20, 1996 APPEALS BOARD MEMBERS a ~~o Gy o Southold Town Hall Gerard P Goehringer. Chairman ? 53095 Main Road Serge Doyen, Jr. °y • P.O. Box 1179 James Dinizio, Jr.~0~ Southold. New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOliTHOLD June 13, 1996 J. Kevin McLaughlin, Esq. P.O. Box 1210 Southold, NY 11971 Re: Appl- No. 4384 - Vincent Manago (John Purpura Property) ;._.Z Dear Mt~ael ughlin: Please find enclosed a copy of the Board's Determination and Findings of Fact filed today with the Town Clerk's Office. For your convenience a copy of this determination has been forwarded to the Building Department for their permanent records. You may wish to contact their office directly to follow-up on the pending permit application and certificate of occupancy for the shed. Also, as required by the Suffolk County Administrative Code, a duplicate of this variance file has been transmitted to the Suffolk County Department of Planning for their review. It is expected that the County will pass its determination to local jurisdiction without requiring further steps. Very truly yours, Linda Kowalski Enclosure Copies of Filed Decision to: Building Department Suffolk County Department of Planning MAY 3 IM 19~ ATTORNEY AT LAW Ui ,p P.O. Eox 1210, Wirdszay Profeffiirnal Ctr., 440200 Middle Ida. I_ SOUTHOLD, NEW YORK 11971 (516) 765 6o85 May 30, 1996 SOUTHOLD TOWN BOARD OF APPEALS Town Hall, 53095 Main Road Southold, NY 11971 Re: Appl, #4384 Vincent Manago Gentlemen: Pursuant to the request of the Board, please be advised that Mr. Manago wishes to place the storage shed sixty-five feet from the northerly boundary of his property. Since the shed will be ten feet wide, this will place it seventy-six feet from the southerly boundary of his property. Should you have any further questions, please feel free to contact me. yo rs, V4evMCL Ja gh ~'1 ,;o~aSOF~oc~-~o APPEALS BOARD MEMBERS hZ` Gy Southold Town Hall 4y Gerard P. Goehringer, Chairman , 53095 Main Road Serge Doyen, Jr. P.O. Box 1 179 James Dinizio, Jr. Southold. New York 11971 Robert A. Villa ~z Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD June 13, 1996 J. Kevin McLaughlin, Esq. P.O. Box 1210 Southold, NY 11971 Re: Appl. No- 4384 - Vincent Manago (John Purpura Property) Dear MY~ughlin: Please find enclosed a copy of the Board's Determination and Findings of Fact filed today with the Town Clerk's Office. For your convenience a copy of this determination has been forwarded to the Building Department for their permanent records. You may wish to contact their office directly to follow-up on the pending permit application and certificate of occupancy for the shed. Also, as required by the Suffolk County Administrative Code, a duplicate of this variance file has been transmitted to the Suffolk County Department of Planning for their review. It is expected that the County will pass its determination to local jurisdiction without requiring further steps. Very truly yours, Linda Kowalski Enclosure Copies of Filed Decision to: Building Department Suffolk County Department of Planning APPEALS BOARD MEMBERS fo ` Southold Town Hall Gerard P. Goehringer, Chairman , 53095 Main Road Serge Doyen, Jr. °y P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa = Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 TOW OFS AiPPEALS Appl. No. 4381 ACTION ON ~ E~O ~LOF APPEALS DATE OF ACTION: May 29, 1996 - VINCENT MANAGO, Contract Vendee; Owner - JOHN PURPURA) LOCATION OF PROPERTY: 8225 Nassau Point Road, Cutchogue. COUNTY TAX MAP DISTRICT 1000, SECTION 118, BLOCK 4, LOT 10. BASIS OF APPEAL: Building Inspector action dated April 22, 1996 concerning location of accessory shed (without a building permit) at an insufficient setback from bulkhead," Article XXIV Section 100-244B RELIEF REQUESTED: Accessory building is for storage purposes only, and is located south of an existing wood bulkhead (below top of bank) at a point shown at an elevation approximately six feet above mean sea level, and known as rear yard. This 8' x 10' shed building has existed for many years in this location, and is centered at about 65 feet from the northerly boundary property line, and 66+- feet from the southerly property boundary line. MOTION BY Member Villa, SECONDED BY Members Doyen and Tortora ACTION/ RESOLUTION ADOPTED: Granted setbacks as requested and as exists in present location away from the bulkhead with the CONDITION that: the only utility be electric as agreed and discussed at the hearing. (No plumbing no lavatory, etc. to be requested in the future or permitted. Building is for storage use only by the owners) REASONS/ FINDINGS: Dwelling in its present location (built prior to 1957) is located less than 30 feet from the closest "top of bank" elevation, and the rear yard is limited in size due to the nature of the topography towards Little Peconic Bay. The variance requested is not unreasonable and will not adversely affect the character of the neighborhood, or the health, safety, welfare of the community. VOTE OF THE BOARD: Ayes: Serge J. Doyen, James Dinizio Jr. , Robert A. Villa, Lydia A. Tortora, and Gerard P. Goehringer. This resolution was unanimously adopted (5-0). ZBA:Ik r a r I~ r RDAp NTH?L L 0 T (6 3) L it' J, 80.00-00, E I 11 ' + yr~,JL .,rr J IL1f A l i; I~ ~ Q I ~V ~ J L 0 a~4 . X11 ' II Plt ~ ~ n \ 1 sae nr,~~ //l~ tl °'2 N f f' 0 I I I a' a o 'vr ~ ~ 2 IC'I' l~ m sq C L S _ {h I i Ill ' ~ JIdIL Y II ,11~\ \ i np,d•f _ I, • 1 III '11'• Z _ - ~ M1 '.o X11 N,1' ° 11• 3 o --A ~ Lot 0 y6Y~ L T;l P10 A AIL ' l.•d it i O W { A D oo'o0' VEY oF` 65 S. 92 Pi0 L ° t Sul n ~r ~YnE SCI?~, LOT 64 PIC LOr r ! I\ ~ MEN r'^ MAP A' OF NASSAU 'AMENDED 00 CERTIFIED r0' FILED AUG.16,1922 _ U POINT AT N TOWN A SSA OF SOUTNCW-"'--! SUFFOLK COUNTY, o°~ Y.S. LIC. NO. 49618 1000-118-04-10 ALrERArKNIOR AD01710N ~0 CHIS suRvu ~S.: nOLArrO>' -13084 ACtes Scale j,/ - 30/ PECONIC SURVEYORS, P.C. :ECrlOV 1209 0.` THE NEW ?'0RK ^TATf EDUCArr,, LAW; Feb. 16, 996` (5161 765 - 5020 ,PT AS PER SECPDN '2,,,, DIVISION 2. ALL r_ERrIFICAr'0' AREA - - P. 0, box 909 OR to tie IInBS P. 0 TRAVELER STREET MAP OR COPIES BEAR IrHEjMPRE SED SEAL )r rJLIE~ SURVEY n, W. Y. SE sIGNArURE APPEARS HEREON. ELEVATIONS AND CONTOUR LINES SOUTHOLD, LEE 11971 nONALLY rOCOMPLYWIrLq SAID LAW rHE TERM 'ALTERED9Y' ARE REFERENCED T0 V, C. V. D. alrrvr,R; l?'L:G'NG '.DPr ;n NF JNE` DE': -PAWNED M k x'~B 46 - 113 i A40-1-4- f, mw~ -IMEElc T s i ~7 v = ~ ~I A Imo" ~ ~Irse~e V v.v v - ?I ~ V A 1 I V A Uri,. ~ ~ Ili ~ 71 'ftMBElz p r ~HCAP LITT ~;rO PF W ~ - ~}2op~~ED T1M~.t2 4~ ~TIR°_In1P~Y t7~olzM ~rzo~©~ t=D 13uI,.,~Ne,h p Or dEcK Imo"-o~~t 4o 4- PILE ~h' TYt° 3/~} Cp D I ACa, -n E l? oo Qi fzE'f~ i NC? IAA LLB 4A 7-IM I-M oll . o•. Y • ;,;,p~pgUF (X~o APPEALS BOARD MEMBERS thy` Gy o Southold Town Hall Gerard P. Goehringer. Chairman 53095 Main Road Serge Doyen, Jr. °y P.O. Box 1179 James Dinizio, Jr. ~Oj J6 Southold, New York 11971 Robert A. Villa ~T Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 13, 1996 J. Kevin McLaughlin, Esq_ P.O. BOX 1210 Southold, NY 11971 Re: Appl. #4384 - Bulkhead Setback for Accessory Building (Mango) Dear Mr. McLaughlin: Please find enclosed a copy of our Agenda of Hearings for our upcoming meeting on Wednesday, May 29, 1996. The hearing is scheduled for 7:40 p.m. in the large assembly room of the Town Hall, The notice of hearing has been forwarded for publication by our department in this week's issue of the Long Island Traveler newspaper. As indicated last week, the Notice sign should be displayed as soon as possible on a post, tree, or fence within 10 feet of the street right-of-way in the front yard. The sign must be displayed for at least seven days, and after the seven-day period has passed, please sign the enclosed Affidavit of Posting before a notary public and return to us either by mail or delivery. Please feel free to call us if you have any questions regarding this process. Very truly yours, Linda Kowalski MaryAnn Cybulski Noreen Frey Enclosures eft eon NOTICE OF HEARING= 0- 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: E J DATE OF PUBLIC HEARING: *WEb* N\AY 190 1996 1"qm6 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 • (516) 765-1809 ~~~gpFFO(~- APPEALS BOARD MEMBERS h~ Gy o * Southold Town Hall coo Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen, Jr. • P.O. Box 1179 James Dinizio, Jr. ~~Ol F ~,0,-~{ff Southold, New York 11971 Robert A. Villa ¢ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 14, 1996 VIA FACSIMILE. Long Island Traveler j Attn: Patricia Lollot Traveler Street Southold, NY 11971 Re: Legal Notice for Publication Thursday, May 16, 1996 Dear Patricia: Please substitute the attached first page of the Legal Notice dropped off to the Traveler yesterday (for this week's issue). We corrected the spelling of "Mango" on the last line. Thank you. Yours very truly, Linda Kowalski Attachment- First Page of Legal Notice MAY I - - BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of VINCENT MANAGO, as Contract Vendee --------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING 1, J. Kevin McLauchlirl residing at 680 Old Orchard Lane, East Marion, New York, being duly sworn, depose and say: That on the 15th day of May, 1996, I personally posted pro erty known as "8225 Nassau Point Road, CuthoSue, NY; SCTM No. 1000-' ' by placing the Town's official poster sign ten (10) feet, or closer, from the front property line where it can easily be seen from the street, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing (date or hearing noted thereon to be held May 29, 1996.) Dated: May 1996. *118-4-10; also referred to as Lod 64 `a 6 th~ "Amended Mal: A of Nassau Point (1922). (signs e J. Ke McLaughl n Sworn to before me this ,;L,? day of May, 1996. Nlzair u we M McGAYHEY v ::usic, State of NowYmk. 4~ 2i)93,countVofSuffolkpp/ v,~pires septemluar 22, I9_.,[. y \ ~BQNOF APPEALS referred Lot 64 and part TOWN OF SOUTHOI D of 65 on the "Amended Map A S?f'~.`-t 'of Nassau Point" (1922). The t-OONTY OF SUFFOLK NOTICE OFH subject premises contains a STATE OF NEW YORK ss: NOTICE IS ~HERBBY' total lot area of 1.375+- acres in an It 40 Z6ne District. GIVEN, pursuant tb Section 7 45")i.mr," Appl #4385- Joey Mac Lellan, being duly sworn, says that 263 of the Town aw'3d'the I sX0JN & ASCENSION ' he is the Editor, of the TRAVELER-WATCHMAN, Code 'of thd'rd*nofSbUthold,r i]{YU.Application fordveri- a public newspaper printed at Southold, in Suf- the following applications will ante based upon the May 6, be held for public: hearingibe- 1996 Notice of Disapproval folk County; and that the notice of which the fore the SOUTHOLD TOWN ` from the Building Inspector, annexed is a printed copy, has been published BOARD OF APPEALS, at the ref Zoning Code, Article IIIA, in said Traveler-Watchman once each week for Southold .Town Hall, 53095 Section 100-30A.3, to con- Main Road, Southold, New struct deck addition with a set- weeks York 11971, on WEDNES- back at less than the required -T DAY, MAY 29, 1996, com- 50 ft. rear yard setback, at 815 successively, commencing on the mencing at the times specified Park Avenue, Southold; . below: County Parcel No. 1000-56-1 day oL.__.._...~~ ...................19.~L. 7:30 m. A I. #4386 2.4, also referred toasLot#14, CINDY AND MITCHELL Long Pond Estates Subdivi- RI G S Application,for„ ¦Long Pon 'o is soot consisting of a variance based upon the May 40;017 sf. in an R-40 Zone. % 6, 1996 Notice of Disapproval , 730 p.m. Appl 44383- from the Building Inspector„ HELEN DITTUS. Applica- Sworn to before me this....... day of ref. Zoning Code, Article ILIA, Section 100-30A.4, to locate an [ion for a variance based upon 19& above-ground swimming pool the May 7, 1996 Notice of Dis- with entry decking and fence approval from theBuilding In- enclosure in an area other than spector, ref. Zoning Code Ar- ticle III, Section 100-33B(I), 4cwfzo.-..~ for approval of accessory shed Nakomis Road, Southold, NY; in the southwest corner of the Notary Public County Tax Map Parcel No. 1000-78-3-15. The subject par- rear yard "as exists" at less than BARBARA A. SCHNIODER cel contains a total lot area of the required three ft. setback. NDTftRY IT111IC, State of Drew York 13,200+- sf. LLocation o(Property:305 Mas- No. 4848S46 7:35 p.m. Appl. #4379 lets Road, Laurel, NY;County QualiCedinSutiolkCougty LISA AND NIKOLA Parcel No.1000-126-9-22;also commission Expires 831/96 GALJANIC. Application for referred to as Lot #6 and part a variance based upoii`'lhe of 7, Map of Property of Dan Building'Inspector's April14,a' Stack (County Map #815). 1996 Notice of Disapproval;::] Size of Property:.25+- of an ref. Zoning Code, Article`, acre. I The Board of Appeals will XXIV, Section 100-244B. as 7:55 p.m: Appl. No. 4381- at said time and place hear any to be heprdinth- amended 11-28-95 to construct' LARRY AND LINDA approvaltoconstructnewprin-, and all newdwellin maintaining the RAPPAPORT. Application cipal building at a width of , tivesdsiringtobeear ithe existing dwelling's front ard for a variance ha'itAtl; fft the,; rFlHU OAR M21 is re- setback location. Location of ! i"abOVl+dpplications. Written, - Building Inspector's April 30, 4sfriciedby Ztlning Code Article Comments mayalso besubmit : Property: 1065 Bay Avenue,- 1996"No ce of Disapproval ' X; Section 100-103C'of.the red prior to the conclusion of East Marion, NY; County Tax ref. Zoning Code, Article ILIA, Zoning Code. Proposed Res- the subject hearing. The above Map Parcel No. 1000-31-9-1. Section 100-30A.3, for ap• taurant (Principal Use) in this hearings will not start before proval of porch addition "as B-Genetal Business Zone Dis- the times designated, and are Tthhis s parcel consists of built"'with a setback at less than trict. Location of Property: in addition to other hearings. It 7,590+- sf. 7:40 p.m.. Appl. #4384- the required 15 R. minimum 32240 Main Road, Cutchogue; is recommended that the file(s) sched VINCENT I.%1 'as side:yard in this R-40 Zone County Parcel No. 1000-103- date be date reviewed before hear the ing fo r up the forup- District. Location of Property: I-19.3 includes former 4103- new s Contract Vendee. (Owner. EdithPurpura).ApplicationforLot#14, 13, and part of 12 as 1-18 consisting of one-half dates or new information. If a variance based upon the April shown on the, Map of Point acre, and entire 26.2 acres,is a you have questions, please also 22, 1996 Notice of Disapproval Pleasant containing 2.00+ part of a 55.2 ,acre parcel of do not hesitate to call 765- from the Building Inspector, acres; 1605 Pt. Pleasant Road, record in 1985).. 1809. ref: ~Zaumg Qode,i,Artiele Mattituck, NY; County Parcel 8:10 p.m. Application of Dated: May 13.1 OF THE XXHI, Secttori?•1BY.ORDER 00='~L40.Z 4i No. 1000-114-1-5.1. SCOTT RUSSELL. Recon- SOUTH LD TOWN LOWN replace accessory storage shed 8:02 p.m. Appl. No. 4382- vened hearing (carryover from BOARD OF AR OF APPEALS in a location less than 75 feet ISLAND ALE. INC. and F. May 1, 1996). from the bulkhead. Location of CICHANOWICZ 3RD. Ap- 8:15 p.m. Application of C10EHR[NGERGE rma. hca[ion for a variance based nANIE1,X DI_FM. Recon-, Chairman Property: 8225 Nassau Point P By Linda Kowalski Road, Cutchogue, NY; County upon the Building Inspector's'vened herng (carryover from I X-5'16/96(106) Parcel No. 1000- 118-4-10; also March 25, 1996 Notice of Dis- May Ist). • ~~gUFFO(,~C • APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman co 53095 Main Road Serge Doyen, Jr. y • P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 13, 1996 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4384 Project/ Applicants: Vincent Manago as Contract Vendee County Tax Map No. 1000- 118-4-10 Location of Project: 8225 Nassau Point Road, Cutchogue, NY Relief Requested/Jurisdiction Before This Board in this Project: Replace accessory storage shed in a location less than 75 feet from the bulkhead This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 'o NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA (Section 617.13(a) as amended February 14, 1990)., Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. • fF01/(' • JUDITH T. TERRY < Town Hall, 53095 Main Road TOWN CLERK CID Z P.O. Box 1179 f'r? Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O 41~7 Fax (516) 765-1823 MARRIAGE OICER RECORDS MANAGEMENT OFFICER y'~01 ~aO~ Telephone (516) 765-1800 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. 4384 DATE: MAY 9, 1996 Transmitted is an application for a variance submitted by J. KEVIN MC LAUGHLIN on behalf of VINCENT MANAGOtogether with Notice to Adjacent Property Owners; Notice of Disapproval from the Building Department, and Zoning Board of Appeals Questionnaire Form, survey, and other relevant documents. T. Terry Southold Town Clerk ATTORNEY AT LAW P.O. BOX 1210, Wird%ay PnCfeSSirnal Ctr., 940200 Middle 133. SOUTHOLD, NEW YORK 11971 (516) 765-6085 May 8, 1996 SOUTHOLD TOWN BOARD OF APPEALS Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Application of Vincent Manago Gentlemen: I have enclosed the completed application in the above- referenced matter, along with my check in the sum of $150.00 for the filing fee herein. Please accept this application and schedule same for the May 29, 1996 meeting. , Ver} r y o , J. .K Encs. Hand Delivered T MAY 81996, TOWN Or 5OU-111OLD, HEW YORK owk $ptilW APPEAL FROM DECISIOpi OF OUILDII.IG INSPECTOR APPEAL NO. DATE ..MPY...S.r....1.9.9.6a. TO TIIE ZONING BOARD OF APPEALS, TOWpI Or SOUITIOI_D, N. Y. J. Kevin McLaughlin, as atty & agent I, p&W-far-VINCENT.. c Q ....................of 1~Q-J3e.1.QWri..i,ane..................... Nome of A euonI Street and plumber ........Manhas igii .NY................... I IERFBY APPEAL TO MunlClpalily Stole TI IE ZONING BOARD Or APPEALS FROM TI IF DFCISIOt 1 OF TI 1E Dull-im, G INSPECTOR ON . APPLICATION FOR PERMIT NO. DAZED WHERFBY THE BUILDING INSPECTOR DFpIIED TO VINCENT MANAGO Nome of Appliconl for pencil of 10..4-tl- ..id11e Manhasset NY....................................... $Ireet and plumber Mnnicipollly Slot" ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (XX) BUILDING PERMIT 1. LOCATION OF THE PROPERTY .8225•,]gas,$.aI1,.PQlt)t,..lift,.,...GBkChaslu~ Street /I amlet / Use Dlslrlct on Zoninq Map District 1000 Section 118B1ockO4 1-01: 10_ Edith Purpura ....................F.urrent (?weer Mop No.Lol No. Prior Owner 2. PROVISION (S) Or THE ZONING ORDIpIANCE APPFALED (Indicate the Artlcla Section, Sub- seclion and Parogroph of the Z_ordng Ordinance by number. Do tint qunln Ilia Ordinance.) Article XXIIIrSection 100-239.4 3. TYPE OF. APPEAL Appeal Is made herewith for (please check appropriate box) ( X) A VARIANCE to ilia Zoning Ordinance or Zoninq Map ( ) A VARIANCE clue to lack of occess (Slate of Now York Town I_aw Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsectloo 3 4. PREVIOUS APPEAL A previous oppeol WOO 1103 lint) been mode will, respect to this decision of the Building Inspector or wllli respecl to Ibis properly, Such appeal was ( ) request for o special Permil 1 ) request for a variance and was made In Appeal No .................................Doled REASON FOR APPEAL u ( ) A Variance to Seclloa 280A Subsection 3 (X) A Varlonce to ilia Zoning OrdltiOnce is requested for the reason d,0t applicant desires to replace a storage shed on the subject premises. within 75 feet from the bulkhead adjacent to a tidal water body other than sounds. room 7.nt (Continue on othei Side) REASOFI FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDIHAHCE would produce practical difficulties or unneces- spry HARDSHIP because of the contour of the subject premises wherby a steep bank is located landward of the bulkhead making the placement of a storage shed at least 75 feet landward of the existing bulkhead extremely impractical. Additionally, the existing one-family dwelling is located, in part, within 75 feet of the bulkhead, which would necessitate the placement of the storage shed in the sideyard area if same were located at least 75 feet from the bulkhead. Also, many of the persons who would be using the beach in front of the bulkhead are somewhat disabled, making it virtually impossible for them to carry chairs, umbrellas, etc. up the steep bank. 2. Fire hordship created Is tJI,IIQUE and Is not shored by all properties alike In the Immediate vicinity of tills property and In Ihts use district because of the aforessaid contour of the subject premises and the presence of the existing house. 3. the Variance would observe the spirit of the Ordinance and WOULD (JOT CHANGE THE CHARACTER OF THE DISTRICF because many of the properties in the immediate vicinity of the subject parcel are improved with similar cabanas, storage sheds, etc. Also, the subject premises were previously improved until recently with two. accessory buildings located at or about the same distance from the bulkhead. J. Kev' La in, a atty & agent for VI M NA SFAI E OF NEW YORK ss COUNTY OF SUFFOLK ) SID pmt DO (Joy of May........................... 1996 Sworn to Ihis .......i4(o- blic A 1) EY vv ymk 485121398, County of Suffolk 't`erm: Expires Septembur 22, 1~ IWARb OF APPEALS. TOWN OF SOU T IIO_lD - In the Matter or the PrOliotl of VINCENT PfANAGO NOTICE to the Board of Alyeah of Ilse Town of 5oudhgld AUJACEN'f TO: JOHN F. & ELVIRA T. ALOIA PnOPGR'ry Owtfril ANTHONY JOHN CACCIOLA & ORS RICHARD W. CORAZZINI, JR. & CHERYL ANN CORAZZINI R.H. STURDY ROBERT A. LOVE, JR. & JOAN E. LOVE YOU ARE IIERCRY GIVLN WOI IC[: 1. That Ilse hneotioo of the undersigned to petition the Ilnard of Appeals of the I own M Southold to request a. Variance ( (Other) (clr.cle choice) I j. 2- That the property which is the subject of file Petition is located adjacent to your properly and is des trilled as follows: 8225 Nassau Point Road, Cutchoau , NY SCTM# 1000-118.00-04.00-010.000,1 3. That the property which is the subject of 5uch Petition is located In the rollowing )oiling disuirt, R-40 -1 Vial by such Petition, the loolersigned will request the following relief: to construct an accessory building (storage shed) within 75 feet from the bulkhead adjacent to_a_ _ tidal water body other than sounds. S. -flral the provisions of the Southold 'I -omen Zoning Code applicable tv file relief sought by the under- signed are Article XXIII Sncti-oil10h0-239pp.4 6. Tllat within. 5 days from the date v a Wrl,Feo Peritloo requesting file relief speci-ied shove will be filed in the Southold Town Clerk's Office at Main Road Soalhold, New York and you play Then and Illere examine the same during regular office hours. (516) 74i -1909. 7. Mar before the relief 5ouglil relay be graofed, a public Ilcarirlp must be held on the loaner by the Board of Appeals; that a police of such Ilealiog must be published at least five days prior to the date of such hearing in the Long Island Traveler-Maflituck Watchman, newspapers publis d In the Town of Southold and desigoaled for the publication of such notices; MAT you or your represeotal; e l ave the 77 right to appear and be heard at such hearing. Dated: May 8, 1996 40M in McLaug in, s atty & agent for VINO A~__--- Southold, NY 11971 Tel. No ( 516 ) 765-6085 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] L'RQfl _0"t, A1UH_Q _M4_Dj1CE A7°IACII CERTIFTED MAIL. RECEIPTS NAhtE AnDRESs JOHN F. ALOIA & ELVIRA T. ALOIA 39 Nassau Blvd., Garden City, NY 11530 ANTHONY JOHN CACCIOLA & ORS c/o Farrell, Farell & Burke, Esys., 212 Station Plaza North, Mineola, NY 11501 RICHARD W. CORRAZZINI, JR. & 8500 Nassau Point Road, Cutchogue, NY 11935 CHERYL ANN CORAZZINI R.H. STURDY 270 Jerusalem Road, Cohasset, MA 02025 ROBERT A. LOVE, JR. & JOAN E. LAVE 350 Aborn Lane Cutchogue, NY 11935 51 AT[ OF NEW YORK I ss.: COWN1 Y Of- SUFFOLK J. Kevin McLaughlin residing at 68 d NY 1 t 93q being duly sworn, deposes and says that on dte --b-l'-day (if May 199deponent mailed a true copy of the Notice set forth on the re- ver5e stilt hcrcof, directed to each of the above-named persons at the addresses set opposite their respective rla 111c5; Ihal the addresses set opposite the names of said persons are the addresses of said persons as shown on the uurcnt assesarucnt roll of the Town of snuthald; that said Notices were mailed the Unite ales Post Of- fice At Southold, NY - ; that said NoliCeS cr in ' ed i eact d persons by (culilicd) (diF]il~ plait J. in aughli Swots in •fnrc Inc this, _ day of _ .19 96 otary P lit onNACO M Mc' iAYHr'i' irmvv rpu0c, State 00 N-,4 r yffk c .^a$72r±?t i, Cmrnty 61 Safto!?6 Term Expires Serrtem',:,r 22,19 r ((his side does not have to be completed on form transmitted to adjoining property owners.) _ P 538 455 444 P 538 455 44 6 P 538 455 447 P 538 455 448 P 538 455 449 US Postal Service US Postal Service US Postal Service US Postal Service US Postal Service Receipt for Certified Mail Receipt for Certified Mail Receipt for Certified Mail Receipt for Certified Mail Receipt for Certified Mail No Insurance Coverage Provided. No Insurance Coverage Provided. No Insurance Coverage Provided. No Insurance Coverage Provided. No Insurance Coverage Provided. Do not use for International Mail See reverse Do not use for internati nal Mail See reverse Do not use for Internation Mail See reverse Do not use for international Mail See reverse Do not use for International Mail ee reverse 0nt6to f1 ^ecl /6w /I1ot4 Sent to o "l o n n r '4 K /lw l H Sent to a oroLZ ny Sent to Sent to O r ~ r, r-A C/o rrs<[/ C/ arv<11 l am-rke Es, 1~ /ler r~ Hc..r-iPn 0 E, Street & Number Street & Number n Street 8 Numbe Street & Numbe Street & Numb r 3y ~bSY.u ^ h 8/t,-. '9la 5•tcktort aZ.v Nbr-'N I~k>.ss~w(-b;.l{- o7'1D r sa~em I-1bor.~ ~cr.n _ Post Office, State, & ZIP Code Post Office, State, & ZIP code Post Office, State, & ZIP Code Post DHICa, State, & ZIP Cad Post Office, State, 8 ZIP Code order Ctt N 1153() /'YlIAC a Y1 111501 tacl.o 1\93f- nS E /~l c~S -~C- Lae 1\ 5~ Y, y Postage $ Postage Postage $ Postage $ Postage $ ~L- • ~ ~ l . ~ ~ Certified Fee Certdied Fee V Certified Fee Candied Fee Canted Fee t 1. Special Delivery Fee Special Delivery Fee Special Delivery Fee Special Delivery Fee Special Delivery Fee N Restricted Delivery Fee Restricted Delivery Fee Restricted Delivery Fee N Restricted Delivery Fee Wo Restricted Delivery Fee 1 m Return Receipt Showing to M 1\1! Sowing to Return o rn Return Receipt Sho ' r. m Return Receipt ShoLm to Whom & Date Deli livers Whom & Date a Whom & Dat Q Date, RS ~ess .a a Showing to ¢ Date,&Addr~ Address Date,() 's Address Addr 's Address TOTAL PoSta 8 Fees e, Fees 0 ff?AL Poste Ka TOTAL P 9e & FeeTOT Postage & F~/ $ 00 -0 cc CID CIO € Posbnerkq Date o o Cl) T ° w € ostmadc of r•+ Postmark r Date ~4 e4 Po ark or D / CC~ 1 o V o ~sF~~ d t0 cc (L to CID o_ cc ki, I ,f I 79C1Evi .VUMEE~ - AGRenau C State =irvimnmental CualitY Review SHOR -=-NVIRONMF-N AL ASSESS ME-47 =CRNI iMr UNL'S== ACSCNS Cnly PART I-7RC.lE:~ INFORMA;ICN (713 he GmGietea by Aaciicam ar Pmjec: =cnsar) 7Gt..:S.:. NAmE Z. ~Dw~C.:NT aN3GR 1. 137 VINCENT MANAGO vR~~rG^Gre cm Suffolk Cutchogue ~tre.I Nassau Point Road, Cutchogue, NY 1193-5 1000-118.00-04.00-010.000 :3 74CPG57 T~CN: _I ($N~ r<...,...m.. I_',umtnmelvan.ralwe z--3IMSE7Aax3ML-L:n Replace previous storage shed on the subject lremises within 75 feet of the bulkhead. I ~ I I .:,,.ctuITCF'-XnG.k=:~ t.'~(1R4 ice 1.3084 c a ummalm 3. 'NI" 7ACFCSE7'. .C..C.N = PI Z MTN LNG =KING CA CTNE=l S~Na '.LNG USc iESa• II=CN$? li -s )Z.,o I4M==CSO.an.Ilr Applicant needs an area variance to allow the Nlacement of the storage shed within 75 feet of the bulkhead. i 3. 'N»Ar -s 7RF.!w'. T'rlNa M VIGNn'T CF 7Rat^-1 - - LGmmalcal i_,;yt,~„m,. =?'tnnFaeauC='^ mace -C:`v !~iacanrlm - mv> p,ar=,ec Generally, single family dwellings _ =23 RCN iNVQL•fE IT .I?4ACVAL CR FUNGiN ..CW CR U LL.U AT~~= 7~C.v1.1NT CTN E'R GCi Fr. EN-. L.:13ZN C I_ G. :0 VA -I. qcA I-CCAU., Southold Town Trustees' Permit, which LY'T4 ~~:10 :I YK IVi W~I9 mC OarlmViGGa i has already been acquired. DEC Permit, i which has already been acquired. ;z. .E3 ANY :S7Et CF ~tE .try-r »AVE A GAREITLT vst1G 7EiAeT CA >7PVCY°, - g n _w r rc at ac~sa ^a~ m Qa, nn®teva, Southold Town Trustees' Permit. S n'Ei.{Li CF -vCpCS7 k;.CN 'NIL' NG 7':9MIttAPwIpVaL .+E'"-~iIAE .MCaIAG.:iC:+4 X~e _v,MOdification of existing Trustees' Permit to re' =had to canter of C'1FY 'NAC-AE iNFaAMAT:CN wlCVICim E.inuE -"E 3ESCFuv` cWt.~Cc subject premip es. V J evin McLaughlin .uc -VR/9Fi ~ aaa.cnusoalaor +amc I 5;Qnalare ==mciete IT the :ion is n :he Caas:at Area_ ana 'ycu are a state agener, Assessment Form teiare ~7rCC9e41RC 'Nit:1 is assessmem vV n Ji" l^ « l:. I,i . l : u ,u a II o G a ii' ~ b` a (qj { ~ 1 f• 1 r' rl r• (1~ 1Qw. ~r+~ {Q~ ~1w+ { II,1,, ai ~w al al u al ral al w r, r xl r pp ~ 1L l (y' N (a~ I; H ~ry. ~ 1~. P IJ ym . R G 1-+ 114 1' r I-: . r~ I?'r II i~, ~ I'j' N r ld I rt I (f' ° " I In /In1 1~ r1 j`y ,,11 WW n n 1 7' ; 1~ 'I r . ~r~/ r . r r ~ (6' r- N ~ 1I,:'a ~ ~ l,. . 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(I)q u0-nasgns ul panI3a0 S ie 11 +al L'a~LSv;_ . 0] 7L'~T'1n; 40=1paui:ul V=! ) lit a= ~5 a„ }o c - ua:-_ :asncJ a a unoiu i 5 t~: (p)i ~ (=)1 su0aia:aanc •LpIL•"c § i aR a7r rq; ui pau_^an r_ _i?u Tas rr- urr pa pas Tc= . I r sans 70 Q~ °•,aarT som ar 30 axzmnar) Zak:. R..r L = aeas arPIA' 2uis) ar [yyT uq~amnS Q pa~_ an aaf-~ x cam ta_s K-i Ii° f£) maT irr my rs-...,, rzscanr= s1,_;..^a 'esaq Wit:; 'sr.:.8 + Iii :aaaaar( I= =0&4m xJZ19 1-2:;. =T= 2M-4WIIa? alp m 1= so amos A== dra: 10 smnffi ..^'f. .Ism uo~n DaY 1;aDL L7as Q =al'Sas usszm TrpF are smaasam sSoq atq II? 174) mo,:.rs jrna ¢ =aigas spurs Snldl mol . I0 so '-717 's Vm am 3Cmzrs LSTEII IT= SSoc s~arq o; D==Ii 20a aaq Smas,~m ~,c) awa i0 =3 ap ma==ra: r ¢ srrttm Trpa do sanoa ar asp m01 asam ss aiux L'alLS~ T=a t;=auaq• Said) spur s0 Trrn ac zowcq ~zqm s0 s z~ za a Ly7ua:t-^-asm .IO va--a= dliT-rz snarl _ - (i) SSo -Oli _ 11 bq SE -Sc£ :o, n -ob'S'1 dq °:'S'c-8 aa~aai~'~ SGh'~=~5 lpBol 9 °AT'I'I dq 9g °'9 po!,PP~ 'aiC 1IIO5 zo aewy a~ Io a•.~. Z m pxec,H ~'i3, - S'= T cr-~, _ SI-Lfi § SQI~~i T7 M-Lfi 'c C95r'07/199E 12:20 516765185E VD1IN MCLAUGHLIN PAGE ~1 TO WHOM 'IT MAY CONCERN: The undersigned, VINCENT MANAGO, being the contract vendee of certain premises commonly known as 8225 Nassau Point Road, CuchoSue, NY (SCTM# 1000-118.00-04.00-010.000), hereby authorizes J. Kevin McLaughlin, Esq., Windsway Professional Center, 44020C Middle Road, P.O. Box 1210, Southold, New York to act as his agent and attorney regarding any and all applications to the Southold Town zoning Board of Appeals or any other body or agency regarding any and all variances, special exceptions, permits, etc. regarding the aforesaid premises. Dated: May 1996 v CENT NAGO John A. Purpura states that I have lived at 8225 Nassau Point Road since my parents purchased the premises in 1949. At that time there tcas on the existing bulkhead two structures that are depicted accurately in the attached photo . One structure was a cabana that contained two dressing rooms and a shower and the other %N as a tool shed. a. / John A. Purpura rt ~s F*RELL, FARR]ELL & BUR E9 VINCENT D. FARRELL • ATTORNEYS AT LAW (516) 741-6611 EDMOND D. FARRELL 212 STATION PLAZA NORTH (212) 997-1881 PATRICIA FARRELL BURKE t MINEOLA, NEW YORK 11501 (718) 347-1881 FAX:(516)741-6682 ' Member NY, NC & DC Bar Membcr NY, NJ & DC Bar Membcr NY & CT Bar March 8, 1996 Mr. and Mrs. Vincent Manago 10 Bellows Lane Manhasset, New York 11030 Re: ESTATE OF JOAN CACCIOLA Dear Mr. and Mrs. Manago: We are the attorneys for the Executrix of the Estate of Joan Cacciola. The Executrix and the Estate have no objection whatsoever to your request to the Board of Trustees, Town of Southhold for Permit No. SCTM#1000-118-4-10. If you need any additional permissions, please do not hesitate to contact me. Sincerely, VINCENT D. RELL VDF::mmo ~~gUFFO(~-C ~ Albert J. Krupski, President ~p OG Town Hall John Holzapfel, Vice President = y~ 53095 Main Road Jim King a°a = P.O. Box 1179 . ^ Southold, New York 11971 Martin H. Carrell o Peter Wenczel y'Slpl ~a0~ ^ Telephone (516) 765-1392 Fax (516) 765-1323 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 28, 1996 Vincent Manago 10 Bellows Lane Manhasset, NY 11030 Re: Villcent Manago SCTM #118-4-10 Dear Mr. Manago: The following action was taken by the Board of Town Trustees during its regular meeting held on March 27, 1996 regarding the above matter: WHEREAS, VINCENT MANAGO applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated March 7, 1996, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on March 27, 1996, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standard set forth in Chapter 37-18 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, i RESOLVED, that the Board of Trustees grant.a Wetland Permit to reconstruct 150' bulkhead, stairs and build a 8' X 10' storage shed. Area will be planted with beach grass or some other salt tolerant plant. Located 8225 Nassau Point Road, Cutchogue. and, BE IT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency which may also have an application pending for the same or similar project. Permit to construct project will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. FEES: None. Very truly yours, Albert J. K/rupski, Jr. President, Board of Trustees AJK/jmd cc: CAC Bldg. Dept. #"~t~ ~ n Y-e-<'~ ~?r^4, _ tl ~t p^r . ,urn Board Of Southold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. 4578 DATE: March 28, 1996 - g ' s ISSUED TO _ Vincent Manago a ~!r ` Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404 of the Laws of the LA State of New York 1952; and the Southold Town Ordinance en- tie' C ~titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM ; LANDS UNDER TOWN WATERS;" and in accordance with the r' Resolution of The Board adopted at a meeting held on March 27 19 96 and in consideration of the sum of $ 150.00 paid by ~ 1 g' ~ Vincent Manaso of N. Y. and subject to the i , Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: .'v~ to reconstruct 150' bulkhead, stairs and build a 8' X 10' ' y !°i storage shed. Area will be planted with beach grass or I k1 some toher salt tolerant plant. Located 8225 Nassau Point RD all in accordance with the detailed specifications as presented in > f'f the originating application. `I IN WITNESS WHEREOF, The said Board of Trustees here- \ by causes its Corporate Seal to be affixed, and these presents to~ .i' be subscribed by a majority of the said Board as of this date. ~c - ( , X; k fees C w~~ - ^ A OIL. I r R.OPI _ • 95.@2.13954 : F'. 1 fl L I STATE or New YORK DEPARTMENT OF STATE ALpANY. NY 1221.0001 ALLXANOLR M. TR"b CLL {[CRLTARY 0? STA t April 15, 1996 Vincent "ago 10 Bellow e Manhoset, 11030 Re: F-96-144 U.S. Army. Corps f Engineers/New York District Permit Application #96-02560.1-2 Vincent Manago, ?eeonic Bay Town of Southold Suffolk County Dear kir.' Mir ago: The D partnl nt of State has received the information you I'provided on March 15, 1996 describing thF above proposed project. We have bee info}med by the U.S. Army Corps of Engineers that a Department of the Army ermit ill }}plot be required. Therefore, no further review is required by this Depart ent.'~ We a0recii~e your' referring this information to the Depar ment of State for review. I Si cerely, William F. Barto ' Chief, Consistency, Review and Analysis Bu eau Division of Coast 1 Resources and Waterfront evitalization WFio ; ;dlb' ;l ec:. orDistrict Denise Butts n 1 Robert Greene Of So tholo - Albort. Krupski I - i i. I C~primsdenr~eyelrrdprrprar s' 05.08.1996 l4:?? P. vnA e,A,c ""KIMIN; ur tNVIRONMENTAL COq>~'ION me 1 RMIT N1M16' IVE DATE •i73 •D1307 00 01 April S 1996 1 P E fACiLITY/PROOR NUMBER( ) 1 T EXPIRATION DATE(S) Under the t~~~ EFFECT EE ~t~'nvIVVVr~lllorntental April 30, 1999 ccttsarYStfon Law TYPE OF PERMIT New 0 Renewal 0 Modification I Permit to Construct 0 Permit to operate 0 Article 15, Title St P otectlon 0 6NYCRR 608; Water Duality 0 Article 27, Title 7; 6NYCRR 360, of Watere i Certification Solid Waste Management 0 article 13, title 151 ~eter 0 Article 17, Titles T, am SpOEB 0 Article 27, Title 9; 6NYCRR pT3; Supply Hazardous West* Management 0 Artlcle 1rL51 Title 1)7 ~eter 0 Con ttrol 19; Air poltutlen 0 Article 36t Ceatat Erosion Control Trarlapo Management 0 Article 23, Title 274 Mined Lend' 0 Article 15 Title 1St, Ong Reclamation 0 Article Sbr Floodptatn lo land W. ~s Management 0 Artftls 1S, Title 274 wild, 0 Article 2L: Freshwater Wetlands Scenic and 0.eCheat l0rla Rivers 0 Articles 1, 3, 17, it, 27, 37; E Article 254 Tfdat Wetlands 6NYCRR 380t Radiation control 0 Otherl PERMIT ISSUED TO TELEPHONE NUMBER Vince t Mama o ADDRESS OF PERMI~TFE (516) 222.3211 10 80(towe tine Msnh i at Y 11 30 CONTACIT PERSON FOR PERM TED WORK TELEPHONE NUMBER Same a above NAME A~O ADORROOF Pp0')m CT/FACILITY Manago Propofty . 132 SW $saw Paigil Ro LOCATION OF PROJI[CT%FAeI ITY Cutcho us COUNTY kOWN WATER OURSE NYTM COORDINATES u f l Southold Peconic Say W)MI IPTIW 04, AW-MIZIM ACTIVITY i Remove and repls~a in tI same location 180 linter feet of existing bulkhead &,.I ploc? 100 cubic yards of clean fill as beckfill. Ail werk shell be done in accordance to plena prepared by Charles VbEhrfs dated 3/13/96. I Notes All the property l ndworb of the existing bulkhead is not within Articlei25 (Tidal wetlands) Jurisdiction. Ily accept a of t Is ponmit, the pormittee agrees that the permit is eent(ngent upon strict compliena with the ECL, all applioablo rVSUlbt one, khe Deneral Conditions specified (see pegs 2) ano any Special Conditions included as pert of this per It. PERMiT;ADMINISTRT011m j ADDRESS George W. He r1'ierth Side. 40, SUNY, Room 219, stony Brook, Y 117PD•2356 AUTHORIZED StCNA URR j DATE i' April S, 1946 1 of 5 FPICO t Y. FROM 05.08.199014:-,0 F. 4 nspe xIon$ 1. 'Ths pe'rmitl site or facility, Including relevant records, Is sub ect to In- $ tl aj 'reasonable hours and intervals j t DE per nt of hhee on-rental by an authorized representative of Consarvatlon ( he Department) to determine ~nttethe- the rm ttes Is complying with this perm t and the gl, represen- 1. Such tative rrgy order' the Ywrk suspended pursuant to EC. 71-0301 and WA 401(3). Copy oqf this permit, including all referenced'rreps, drawings and special !conditions, rtiustbe available for inspection by t p Department at all tirtas at the project site; Failure to produce a copy of ~Che permit upon request by a Department r presentative is a violation of this rmit. Pe rnml a(tp li3neyne is 2• ~s`trt@ t reserves the right to modify, $uspenp or revoke this a) the cope of the permitted activity is ceeded or a violations of anny~ tion' of the permit or provisions ofexthe E{3. and pertinent regula• tI' is ound; b); t rm t vvas obtained by misrepresentation or failure to disclose re ant acts; c) r tehlal infornat(on is discovered; or d) elnv~ omehtal conditions, relevant techrt~logy, or applicable lav or regutatiop have materially changed since thle permit Yves Issued. 3. IMa pertnitt nus't sutrnit a separate written application to the Department for ranaeef,, rn4 f(cation or transfer of this permit. Such application must include Ony fo;nrs,; eesi or supplemental inforrtatlon the Department requires. rane~el,, rrodiflca4ion or transfer granted by the t~partrrent rrust be In writing 4. The perirn(t~ mush sutmrlt a renenel application at least: 800' ays before expiration of permits for State Pollutant Discharge ellrtii tin System (SfCES), Hazardous Vkhsle Minagerrent Facilities r Po Fa~oi it(e j(s19F) a lution Control (,nPC) and SolIdVMste Ntnagarent b) 304 s fore expiration of aII other permit types. 5. t,hless 1"pri sly Provided for by the Departrrant, 'issuance of this permit does not nvrMlfy, ~aper$ede or rescind any order or determination perviously Issued by he Daporlomlan or any of the tears, conditions or r1equlramants contained in such ~rder o' be,~e in~tion. i Other I Ill ~`t ons of Permtittee 6. rUimul de ltt9 has accepted expressly, by the execution of the application, the i~Sal ;r spoAsiblilty for all dammages, dire t or indl~~ct, ovJiatever re and Wtc~raver suffered, arising out of tproject described In this it and is a reed to Indem ify and save ha less the State from suits, $c%lons d es nd costs of every rams and description resulting fran this rojecth ' 7. 'this peirm(ti oes snot convey to the permittee any right to trespass upon the lands o interfer with the riparian rights of others in order to perform the perm tt#d vier no~ does it authorize the Inrpalmint of any rights, title, or fnte in real or personal property held or vested in a person not a party to the peresl t. S. The pe(tt9e is responsible for obtaining any other permits, approvals, lands, easerraI s anndGlrigh'ts•of-vay that may be required for this project. • i `Y i Page- 2 of 5 i FP.OM • 05.09.1991431 F'. 5 01,4-66 f7re21-25, ADDITIONAL GENIRAL t;d DITIOPIS FOR ARTICLES 15 (Title 5), 24, 25, 34 and 6 NYCRR Parr 608 ( Tidal Wetland 9 That it future pe/atl0tlf by lh¢' Stale of New York ;ePUue an at, other enyrOnmenlally deleterious materials associated Aith ;he terltion In the poll lop Of he structure or work herein authorized, or If, n the oplnign of the. C epartm6nf Of Environmental Conservation protect. a sell cause 0reasoriabl obstr Uion to the tree navigation of said 13 Any material dledged in the prosecution of the work herein perri,uea waters or flood Iidws It ndanllr the health, safety or welfare or shall be remove evenly, without leaving large refuse piles, ridges across the people of the Slate, r caul loss or destruction of the natural the bed of A w lerway Or Iloodplein or deep holes that may he,, e resources of the'. State. tNF wrier ay be ordered by the Department to tendency to ca Its damage to navigable channels or to the banks of remove or alter: the srhicl rat work, obstructions, or hazards caused a waterway. Iii without exptns~ the Slate. end If, upon the expiration or 14 There shall be n~ unreasonable Intitfetil with nayleetlon by thework ,avocation of this perrtti the s r plated ucture, fill, excavation, or other herein euthorleed. motetis e own othe ureter Purse hereby authorized shall not be corn. 1S If upon the expiration or revocation of this permit, the project hereby , the Iers, shall, Ithout' expense to the State, and to such authorized has allot been completed, the applicant shall, without expense extent and in such time at)d anner;as the Department of Environmental to the State, a rd to such extent and in such time and manner as the Conservation may retluira, r mOvt all uncompleted Department of nvironmcntal Conservation may require, remove all of f or nny portion of tht flrl(clure or tilt and felt to 10 I s forma( condition the navigable any portion of he uncompleted structure or fill and restore the s!te And flood capacity Of the s alerco rte. NPClalnl shall be made against to Its former c ndlOon No claim shall be made against the State of the State of NesI J, lark ots cOuntof nny such removal or alteration. New York One count of any such removal or alteration. 10 That the State O4 New Ybr shall t no case be liable for any damage 16. It granted unde 6 NYCRR Part 608, the NYS Department of Fn, vo~r or irijorY to the dructuroor ork he Pin authorized which may be caused mantel Consif l.. hereby certifies that the subject project If Pot by Or result (root firlute'' o crattoiii undertaken by the State for the contravene of 11 ant limitation or other limitations or atAndords under j con`rrvallon or Imp70vilM rat Of navigation, or for other purposes, And sections lot, 3(72, 301, 306 And 107 of the Clean Water Act of 1977 no CIAirn or rtyht to tomde AAllon #hnll accrue from ans such damage (PL 95217) pro~idad that all of the conditions listed herein are met 11 Crnpnng of ;his pe,m,t do s not relieve the Applicant of the re%ponN 17 All activities su`Fhorized by this permit must be in strict conformance bihty of obtain Pg rns, bl 'Or perrlniAsion, consent or Appro. al from with the appravkd plans submitted by the Applicant or hit Agent As use'. the U.S. Armv Corps of I'll ine¢rsU.SCoast Guard, New York StAie of the permit ahpllcatloe Ofiice of General Sarvicef r locat Lovemment which may be recut!ed. i Charles Vaehris 1; All pecess Ary pre CAUt101fs hall bI on taken to preclude contamrnatren Such approvedjpian7 sx¢re pre pared by of A,nv wetlAnd for ivAtefss v by s rsp¢nded tolids. sediments, fuels. 3/1396 ft A cols4nlf, lubritnu: epoRy Coating f, paints. Concrete. teat hate or any I t E SPECIAL CONDITIONS 1. a~11 2 pai s to existing structures shall be confined to epl4 eme9t of existing elements with o change in design, k ifneii ion++' or materials, unless specif tally authorized A heze~ I l 2• A11 p ripbera1 berms, cofferdams, rock revetments, seawalls, 1 gabi,o s, $ulkheads etc. shall be compl ted prior to j place ent!of any fill material behind uch structures. A12i~11 hall consist of "clean" gravel and soil (not 4spphet t, slag, flyash, broken concrete'or demolition debri 4. No e9 avation of the beach is authorizkd for the purpose of obta# ing:fill or stone materials, i i 5• $quip ent operation below apparent high water is strictly prbhi, iced. 6, aulkkj ad Oonstructed directly adjacentlto vegetated tidal wetlds 0hall be jetted in with no di turbance to the tidal t wetlai d. 'Trenching is strictly prohibited, I UkC IF MIT NUMB It 1-9788-01307/0000 PROCRAM'fACIttTY Ny'At BER y l Dane n{ K l ¦ • FROM 05.08. 1996 1:31 P. 6 I I~ 9S•7E141,(7161)-ESC I I Nt...ORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS i For Atti le 25 ( Tidal Wetland I 7. The .p rmilttes shall cause all exposed faces or disturbed areas to ~e vegetated to prevent soil erosion prior to the proyb It completion or expiration datelof this permit, wtiith ver;comes first. 8. All IK pailIre to existing structures sha111 be confined to xepl* eme~t of existing elements with ~o change in design, 0im6ion', or materials, unless specifjically authorized er®~ 'I I 9. ha; shad be no discharge of runoff (r other effluent on !ln b~ dow the bluff face or onto the peach. I E 10. )Lny brit or excess material from construction of this proje t shall be completely removed frm the adjacent area upl d) and removed to an approved up'~and area for diap, al.l No debris is permitted in tidal wetlands and or prof tedlbuffer areas. I s I i 1 $uppl men ary Special Conditions (A) trough (F) attached =r 4 i i; I, I' I; li I DEC PERMIT NUMB R 141,38-0130 /Do00 I FACILITY ID NUMBER PROGRAM NUMBER Pa 9 of - 5 I 05.08. 1996 14 32 P. , PROM I • The f40 OVljn7 Conditions apple to all Tidal 7tetlaads; zxssbvatar ~retlandiCoastal Erosion Hanagamant; and Mild, Scenic, and R80reati0Aa1 Rivers Permits: A. Aicbp} of this permit, including all conditions and a0pi6y d Pans, shall be available at a project sits w4ohe. r authorized work is in progres The permit sl,gh closed with the permit shall be,protacted from thew the and posted in a conspicuou location at the work d to until all authorized work hat been completed. B. The p' it~eo shall require that any contractor, priojad en ear, or other person rasp nsible for the overal suphervision of this project re ds, understands, anti cp li is with this permit and all is general, special, a d supplementary special con(;, tions. Any'' faMrp to comply precisely with all o the terms and cohdit na of this permit, unless auth rized in wr tip' s all be treated as a violation of the En irp anal Conservation Law. If an : of the permit coodi nslIare unclear, the permittee shall contact the Di is oE, Regulatory Affairs at the address on page oni or elephone (516) 444-0365. C. if prod} ct design modifications become ecessary after pe4'mzt ssu~nca, the permittea shall su mit the ap rop~ ate plan changes for approval b the Regional Pee t{' dmi~istrator prior to undertaki q any such mo ifi do s. The permitter is advise that suosta ial modification may require s mission of a net dip ica~ion for permit. i D. At lea, 48~hours prior to commencsmentlof the project, the p: itt o and contractor shall sign! and return the top o ioniof the enclosed notificatio form cs}~JfX ng that they are fully aware of and understand all to s and conditions of this permit within 30 days of completion of the permitted wor , the bottom portioh f r~hat form shall also be sign:d and returned, aloylyn~ 4ll h ;hotographs of the complstsdiwork and, if re ire alsurvey. E.'. For;prctl involving activities to be 'undertaken in phapas. or a period of more than one y ar, the pa i,t~ sha11 notify the Regional Pe it Ada ri! ator in writing at least 48 ho rs prior to roc m{me inei work in subsequent years. F., The!gr} in of this permit does not ro4 eve the permittee of 'he, spipsibility of obtaining a gr nt, easement, or othppr n assary approval from the D,visl~on of Land UtiTIZ: on, Office of General Services,` Tower Building, Emp ra' ate; Plaza, Albany, NY 12242 (51,6) 474-2195, which' may'br' qui~ed for any encroachment upci~n State-owned lands und*rwa r. 1 1. DEC Fsxr s t Nb. 1-4738-01307/00001 Paga 5 of 5 ~mJ VW~-so New York State Department of Environmental Conservation ~ r NOTICE i I re The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. - - Regionat-Permit Administrator Expiration Date's NOTE_ This notice is-NOT a-permit- 14- l y 4: ~!o#,± thbr ~eoklri~ a» ; ~ ~~•'4'~S~.t~r r' l'~ ('w . ~2G . 414 iTie Rods ' l Tli.. ''Yoh!; *he11 be in 6 r c ;'filth th r~. 400 d bR M daemt Aa Apsoift tion A36 'I 28' TNT C dip Qslvs»il 1ee~tith rY?oMA..Ti~ ;oCs s +jp ! ltabridatian. "Wrrheics f r't ; ihsll, bi in eg with ttii. reQu#remeht°. ! 3 and a ell bd t gelvenlyii!Id sitar tibri ati 4.5 eVrdwaro LVe i ed, 'of the a Ali bolts shall be hot dip indicatod'on the Cant; at w aj an •hell;c the requiseaents Of A8 A i war ass for shall be oversized OOC 04 tttppp~ t end ohs dip galvanized. 4.6 Galvanizing All metal and hardwar i t o rods bolt, plate washers, naile,eepi s, e a., sh 11 be h< galvanized in accordance th'A TM A15~. 4.7 Filter Fabric Filter fabric shall b a yo~ 00rcoylons m similar to "Poly tilt r-x o m aclurod by Mills, or approved o i 4.8 backfill I 1111 All beckfill'ahell bs~ a all (1466-N1 p0 sieve) graded, granular mebt{ria I1 1.0 INSTALLATION 5.1 pr%ving Requirement' I ',t the fh11 ombe4 pull piles shall be aqp lf With a drop h. hammer after jetting Al h 11 be !installs D Pull piles may b je Illation. 1 leb0r, saterials, tools and i three (3) inches of ~hao i a }OOet~ion. Pil outside of this tole~Cahc h 1 tii withdrawn bu~khoad, timber) retaining driven in their Corrrt o 12) timber platforms, t of beakfill, all as shown 5.2 Vertical Shooting vertical timber she tin ~a" be on efully d d nd retaining wall line shown on the C ntr C,r ~ring. ongue or 0 oubio ysrda o! fill aholl b° jointp between shoo s`o e,~l o re tiQhdlS entire length o! sh at. T 0 aheeo i ah91 t diagonal to insure Ont oiiu COhtaC with t) driven sheet. unty Datum which is 5,3 Timber Walers a ertiaal Datum (NGVD). Timber walers shall be r a to 1,ine and ! shown on the Contract D irg Wales may b tiru conditions and with bolted scarf j int r,w th bolted "b~'t struction: joints 5.4 Timbers ~Ir were taken from the "SURVEY 91 Map A 01 NASSAU POINT" doted - imber* shall epohic Survepors,'P.C. Tr4ch greater be b ril t od tr t i to no wh. more I a d is no 'holes lfiC'• shell tbhell ber fe Man 1 1! tp the se inW4 w 116d nails, at. agoh trin 11 it/, la intOrt , US-OCT APPROVED AS PER TERM PLAN,,_ i ANA CONDITIONS Of PERMIT NO. d DATE i r. I ~ I I , FROM ns. n3. yoga ~:3a F. I9 DEPARTMENT OF THE ARMY NcW YORK DISTRICT, CORPS OF E 01NtERS pEas JACOO K JAVITS FEDERAL 13UIYOINCI NFW YORK, N.Y. 102 7 0-00 00 'Cj March 29, ri erm is Section SUB4ECIP Ap lication Number 9G-025G0-L2 ley Vincent mah&go Vin e G ells o 10 el s L ne Manial3set, ' N w York 11030 Dear Mr. andgo: On rc 115, 1996, the New York Di6trict, U.S, Army corps of Engln®ek h received a request for Department of the Army aut o ex- n ion for reri.ncoment of approxima at blu k ch hgad above 1,110 spring tely 150 linear feet of high Lide line of, Little Peconic nay aY kit ogue, Tow„ of Southold, Suffol~ County, New York. !oui evi w indicates that since the p~_oposed work does not appek~~i inc ude dredging or construction activities in or over any qv ble waters of the United States,l dr~ed, ed, fi 1 material in any waters of O eeUnitedmstates any (ind ud~ co stal or inland wetlands) or he accomplishment of any ork ffe Ling t:hA course, location, condition or capacity of such 'ar , a Department of the Arm 33 0rR -33 , will not be required provi edithec moos ed with is a ect d ih accordance wiLh the referen ed material. work Cal Should be taken no that any fill or construction mate id , Including debris, do not enter he waterway to become a dr P pollution hazard. You are to c ntact appropriate statn local government officials to en ure that the subject work Iis , ~e fo med in compliance with their requirements, contact 6 questions should arise concerning this matter, a~11 ise Butts, of my staff, at (212) 264-3913, please Sincerely, i ! .r aTea W. Hagge ty Chief, Eastern;Perm' ils section I I I I I ` I I I V C NAId'H EPARTMEN OF tH A i-l+. `\L R~+1 ENGINE OItT IC NjW'~0 K V mi~FtAMAk M 14 )8 K JAVIT FED BUILb Prnet7? g,~ I ron NSW YORK. X,1870 00: 0 I h ~ Pmv"1e in 1PR 03'04 vas flee « 0.2 ~ w OFFICt N6811' h0ii0re :NALTY FOE U$~' 030b ! 7850157 I Vincent Manago 10 Bellows Lane Marnhasset, New York 11p30 i . t It to 'A .Clair ' 1 id :Isnvint...... the Cn,nmfuer on Real r ,red Gr die R,11 l r pe n I S, u n r4 )'u'A st 1,t1 Par L , i Lie f rho Al P STAN IS h'.;~DL I-IAT THIS OF NTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE WARNING: NO REPRE EN ITIO SS 1ADa THAT THIS FORM OF .CO O TRACTI FOR LAW PLAts ) U C HASE nFrR AL ES ion. CMPLIES WITH EC I O 5-702 OF THE GENERAL N LANGUAGE"). CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT N'O'I L: IRRE AND CASUALTY LOSSES AND CONDEMNATION. this cun?act loon dues nut provide for s,lmt happens I t ih, event u1 Ilte, or urher cnmAny loss or anwlemnatlnn 6,100, the title dosing. Unless dtlcnvut provision I% made it Ills ro"Mcr, Scedan S-I 11 ..I dn' l.mm. ;l 01,1q alma. I,zw wll appht One part of that law stalk" n Purchaser responsible fot file ;vt I casualty loss upon laklng Poesessiun nl die I'temise. hclow the title clump;. Residential Contract of Sale Tantrar# of 5a1C made as of Mneh Q/-" / 19 96 BE-1 vVBFN 111)1:'rll C. I'ORPURA, Individually and as ::Ole Surviving tenant., by the entirety, Address: 8225 Nassau Point Road, Cutchogue, Now York 11935 Social Securjtc Number/F'cd. I. 1). Nit(s): hereinafter called "Seller-and VINCENT MANAGO AND CAROL t`I,,.NAGO, RIS WIPE Address: P.O. Rox 212, Mnn',tasset, New York Social Security Number! Fed. I. 1). No(s).. hereinafter culled "Purchaser". Zile partieu llerrhu aSrec its fnllulu4. 1. Premises. Sellcr shall sell :Ind convey' and Purchaser shall cti4-:rl--tla:--ran'=-• f PI-'eat Per n• Is• IN t,4 purchase the proper[), together 11 t all huildings and imPro,c- ins ailments of $ which include principal. inter- ments thereon (collectisely the -I'rc. rises"), more IIdIy described I escrowa mounts, if any, and with any balance of principal on a separate page marked "Schedule A onncscd hereto :lilt] eSst t a • s and to yable on made :t part hereof and also known it, 6 1' Strcct Address. 8225 Nassau Point Road (h) To nc extent that any required payments are made on the Cutcltogue, NY 11935 csisting nro Igagc between the dale hereof and Closing which reduce the or paid principal arnount thereof below the amount lax Map I)c,eignation: 473889 118.4. 10 shmcn in parag ph 3(b), then the balance of the price payable at Closing under Put graph 1((I) shall be increased by the amount of Together with Seller's ownership and tights, 11 am to I:uld Icing in the pavnrenls of it eipal. Seller represents and warrants that the the bc(I of anc street or higiny;ty_ upcncd of prqu1scd, adloinmF amount sho`eu u+ pa agraph 3(b) is substantially correct and the Premises to the center line therttd, including :ray nghl of agrees that 0111V I. 'Ole is required h% the Cxiriing nrorlgage will Seller to any unpaid aw:ud by rcaaun of any taking M condcmna- be made between the date rcreof and Closing. . troll and/ or for any damage to the 1'rcnrises by rcauml of change (U If there is it owrigagc, escrow account. Seller shall assign it of crude of any slrect or higlma%, seller shall deliver al no adds to Purchaser, if it can be assig Vol. and in that ease Purchaser shall liDaal cost to Pnreha6er, al Closing (as hetcinallcr dclincdL or Isar the aIlIOnn in the escrow nc-ount to Seller it Closing. thereafter, on demand. any do, 1111CIIIN ihal I'urchascr m:Iy rce. (d) tieller shall deliver 10 I'll ha SCr at ('losing a cCrtdWatC sonably require for the COMI ace of .ueh title :std the assign- doled nut more thin 30 days beto0 Closing signed by the holder tnenl and collection of such :n, ...,I of damages. o1 the existing mortgage. in form Ir recording, eertf ying the 0. omounl of the unpaid principal. the ('Ito to which uIIcresl h:a I'cf Pe rh, this sale also include. :III nil.rotas and till- :I pre of persoonnaal l priperty nose at Cl<hul ur :ypcl IC1,os to the hrcn quid and the ;unounts it hay. via inn'd In be unp:Iid for pnn- Premises, unless specifically excluded below. Sella prescnls and ysal and interest, tanamg the snmc_ Scllc shall pay the fees for warrants that at Closing Ihcy will be paid lot and Okn,d I)\ Seller, tcauding such certificate. If the holder of the existing mortgage is free and clear of ;III liens and cncunrbrnnces. exatpl any e.xistillg :I hank or other institution as defined in Scotto 1_74a of the Real nrorlgage to which this ,ale m.Iy be suhjerL l he_c inchwe. but arc Property Law ("Institutional Lender"), it m;IV:, t stend of the eer- not limited to, plumbing, healing, IightinF and conking; lixnuec, liltcate, furnish a letter signed by a dlily unt n>_ed officer, bathroom and kitchen e:Ibinels. XlN9a l5~%x'):ks:a]+icu2e5: switch auployre or areal. dated nut mare Ihcn 10 days be ore Closing, plates and door hardware, p` jWjti4+ hhnds. SrH+h R'K:; fbX+k)L'ka`.c Containing the same information. xbadas; screens, awnings, stns ur wiudo„s,'1Iernr doors, 'x443 y (c) Seller represents and warrants that (I) Seller has de vered to 3suv:cxmsailx}tattxS:ltxaeTOtlex;w`e.ecbr:a exlux)d kCCR'rJxx Hrtmlty: Iurchaser true and complete copies of the existing mortg; •e, the shruhherp, fencing, ctottlcwr)SYrtrctex.antctir:dauk di.hwasher, sc;uh- uote ccurcd thereby and a nv extensions and modificalons ill eof, ing mnchhhc, clothes dryer, g~;rki)Zr„cY. tAP!"tdxSt!gk tangc, nyor. (it) the cxmttng mortgage a nor now. and at the little of Clw tg reinget ator,~2cX2txxxo(4Ix41>itS'}aiOS:Cti KrAAtI'tils)rMlxttsla)kK!Nx7: %vill not be, in del,lull, and (in) the e.xalmg mortgage does n wall Io wall carpetin 'YIIld I'll I-Ins not rschtded help„ (cl,'iAr ran contain any provision that penruu the holder of the mortgage to inaltp;inihlr irrnul. dining room Chandeiier and require its immediate pavmenl in lull or to ehangc arc other term chandelier in box in attic ur " Nls " - as cxisLS .3"'Prir41m It be it purchase money mortgage as iodiealed in paragr/%n ubuce: la) The PurCbase money note and mortgage shall be dthe :tunnev fo r Seller in the form attached or, if not, in TXWSd(4FUfSrY,yIK PS>;,HIdXYdc}iH 1[iCJiX:4ri2t Ri119e5i2Sh1xIA114P[s`lt7il(.Qi and form adopled by the New York Slate Land Title stir :ration. 8&8 Purchaser shall pav, at Closing the mortgage record g lax, record- ing Iccs and the attorney's fees in the anxrunt of lot its preparation. (b) I lie purchase nwncy nine and mar age shall also provide th:u it is subject and subordinate to then tan tit the existing nrorl- gage and any extensions, modificalio s, replacements or consoli- dations of the existing morgage, p / vi(led that (i) the interest rate 3. Purchase Price. the purchase price is thereof shall not he greater Iha percent per all ill and the total dchl service tile' under shall not he greater than $ 135,000.00 $ per a Inn, and (ii) if the principal amount payable . N lullows. thereof shall exceed th amount of principal owing and unpaid on (a) on the signing of this contra, by Purchaser's check payahle the existing morl the time of placing such new mortgage or to the Ls ~rowee (as hereinafter deltned), sublccl to collection, the consolidated mo age, the excess be paid to the holder of such receipt of which is hereby acknowledged, to be held in escrow purchase moo mortgage in reduction of the principal thereof. pursuant to paragraph 6 of this contract (the "Downpaymenl"): -Ile purcha: money irrortgage shall also provide that such pay- 4 33,500.00 nrcnt w c holder thereof shall not alter or affect the regular insollh nl s, if any, of principal payable thereunder and that the --by-a{k,wMree-ter-N+e-Pti+x-ip:ri-:rrnuunl-tmpaid~a+h-tlu:-cu l.~ hold thereof will, on demand and without charge therefor, exe- ing mortgage on the date hereof,, pa)inent of inchascr ct acknowledge and deliver any agreement or agreements shall assume by joinder in ill • ced. S +stlK+c-l~-effeeFUatt (c) by a ehasc money note and mnrlgagc turn I'urch:aef to fi. Uuwnpaymenl in Escrow. (a) Seller's attorney ("Lscrowee") shall hold the Downpayinent for Seller's account in escrow in a (d) balance at Closing in accordance with paragraph 7: segregated bank account it Citibank F301,500.00 200 Old Country Road, Mineola, NY 11501 •t._G ''tin tortgage..{J~elrtc-if-runt!.eaLle;J4hissalus_vil>µ.u- until Closing or sooner termination of this contract and shall pay loan existing nta:rtts B~ dslp cited it paragraph 1(b) above. over or apply the Downpayment in accordance with the terms of (a) file Premises shall be comr7Pd^mhja:L p the continuing this paragraph. laerowee shall vr(n) ( I hold iirn-af--the~.(ieling-ntorlgug(; wh:e.l h-it.-prer:cnFly_P,ryw hle,.~~riNs- the Downpaymcnl in an inncresl-bearing account for the beneht Of • !+x'C p~rl~pn rFy-rnVil ll. 11-11" ) -I)HwllfI;IYoIW Iws to,, the o'ile'r h-' reason of this contract, except that tine Down- •-er-leer-t;re-infcrt~twlmAytuti'- rµ-inwnw.t:w crro.mm, If IIIcl myniant shall be pro., refunded to Purchaser and except as 'I .1s nut held for the benefit of the parties, r. row npa}urcnt set forth in paragraph - ,f Purchaser fails to give notice Of can- lad br placed in ;ill 101.% necnunl nr as otherwise Iwlala(ed ur echatio? of if Purchaser shall accept it commllilntent [hill does not n:quir'd by law. ']hc Social Sccnrity of I cderal Idcnl i l icat ion comply with the Mills set forth above, then Purchaser shall be uuntbetr. of the parties shall be furnished to Vl,cruwcc upon deemed to have waived Purchaser's right to cancel this contract recyrest. Al Closing, the Downpayment shall be paid by Pscrowce and to receive if refund of the Downpayment by reason of the to Seller. If for any reason Closing does not occur and either party contingency contained in this paragraph. gives Notice (as filmed in paragraph 25) to Fsuiowec dcuanding 9• Permitted Exceptions. The Premises are sold and shall be con- con- payment of the Down meat, Fscrowce ;hall give Notice t • Pa u Y Pru m n eyed subject to: to the other party of such dent, red. It arty t to c ti dues nut receive Isotice o l objection from such olha party the proposed pay- (a) Zoning and subdivision laws and regulations, and landmark, menl Millar 10 business days after lire giving of each Nuticc, hihuedstoric or wetlands designation, provided that they are not vio- by the existing buildings and improvements erected on the L1cfoAvee i, hereby authorized 'end difcarcd to make such p.ly properly or their use; - menL If f serowee does receive such Nuticc of objci t un within such 10 day period or if for any other reason I-,enure in good (b) C for the erection of any structures art, under or Leith shall elect not to make such payment. Esclowse shall con- above any y streets on which the Premises abut; or oops, areas, cellar steps, tam and corni- franc to hold such amount until otherwise dirccO d b,. Notice from ecs(c) Encroachments pon any n ansiofred stoops, the parties to this contract or a final, uonuppcallahe judgulnu, , if Lilly, up highway; order or decree of a court. I lowcvcr. l:scfowc shall have the right Real estate taxes shut are it lien, but arc not yet due and at any time to deposit the Llownpayntcnt and the interest thereon Payable, and with the clerk of a court in the county in which the Premises are ( The other matters, if any, including a survey exception, set located ;Old shall give Notice of such deposit to Seller :Old Pur- chaser. Upon such deposit or other disburse item in accordance, Ill. Governmental Violations and Orders. (a) Seller shall comply with the terns Of this paragraph, [scrowce shall be rclievcd and with all notes or notices of violations of law or municipal discharged of all further obligations and respousibilitics hereunder. ordinances, orders or requirements noted or issued as of the date (b) 'I -he parties acknuwicdge that, although Fscrowee is holding hereof by any governmental department having authority as to the Downpayment for Seller's account, for all other purposes lands, housing, buildings, fire, health, environmental and labor [scrowce is tuning solely as a stakeholder at their relines, and for conditions affecting the Premises. The Premises shall be conveyed their convenience and that [scrowce shall not be liable to either free of them at Closing. Seller shall furnish Purchaser with any party for any act of omission on its part unless taken or sultered authorizations necessary to make the searches that could disclose in bad faith II in willfid disregard of this contract or involving these matters. gross negligence on the part of I'scro vee. Seller and Purchaser -fl+ igaliwrw-aLfec 46 jointly and severally ogre to (Icfcn(I, indemnify and bold miser pursuant to the Administ o the City of New 1 wrowcc hordes from and against all costs, claims and expenses York incur-, f-to-C osing and payable in money shall be dis- (ulcluding reasonable attorneys' fees) marred in connection with y :11er+11 0r-ffnn-lFrC4of; lire performance of Esciovi duties hereunder, except with 11. Seller's Representations. (a) Seller represents and warrants respect to actions or Omissions taken or suffered by [:scrowce in to purchaser that: bad faith or in willful disregard of this Contract or Involving gross (i) lire Premises abut or have a right of access to a public negligence on the pant of Escrov.ce. (c) Lscrowee may act of refrain Front acting in respect of any road; matter referred to herein in lull reliance upon and with the advice (ii) Seller is the sole owner of tire Premises and has the lull of counsel which nay be selected by it (including any member of right, power and authority to sell, convey and transfer the same in its firm) and sliall be fully protected OF so acting of refraining from accordance with the terms of This co itracl( action upon tire advice of such counsel. (iii) Seller is not a "foreign person", as that term is defined (d) [=_scrowce acknowledges receipt of the Downpa}'meal by for purposes of the Foreign Investment In Real Property 1-ax Act, check subject to collection and Escrowce's agrecnunt to the provi- Internal 12cecnue Code ("IRC") Section 1445, ;is amended, and shuns of this paragraph by signing in Life place indicated on the tire regulations promulgated [hereunder (collectively "FIRPTA"); silinalure page of this contract. (iv) The Premises are not affected by any exemptions or (c) [scrowce or any member of its Irm shall be permitted to act abatements of taxes; and as counsel for Seller in any dispute as to the disbursement of the (v) Seller has been known by no other name for the past ten Downpayment or any other dispulc bets,cn the [)allies whether years, except or not GscrOweC is in possession of the Duwnpayntcnt and con- tinues to act as Escrowcc. Acceptable Funds. All money payable under this conrruct. unless otherwise specified, shall be [);lid hr: (b) Seller covenants and warrants that all of the representations (a) Cash, but not overh$*,Ij {fAk $500.00 amt warranties set forth in this contract shall be true and correct (b) Good certified check of Purchaser drawn on or official at Closing. , check issued by ;illy bank, savings bank, For t company or savings (c) Except as otherwise expressly set forth in this contract, none and loan association having a banking offis in the Slate of New of Seller's covenants, representations, warranties or other obliga- York, unendorsed and payable to the oido ~d'•cller, ur as Seller lions contained in this contract shall survive Closing. Inay otherwise direct upon not Icss (hall 3 I Is0, ss da, % notice ill Purchaucr; 12. Condition of Property. Purchaser acknowledges and repre- (c) As to money other than tiro purchase ;tic, payable to Seller scnus that Purchaser is fully aware of the physical condition and at Closing, uncertified check of Purchase[ ill) a the amount of state of repair of the Premises and of all other property included in this sale, based on Purchaser's own inspection and investigation S 500.00 ; and (hereof, and that Purchaser is entering into this contract based (d) AS otherwise agreed to in writing ly Seller or Scllcr's solely upon such inspection and investigation and not upon any allortiq. information, data, statements or representations, written or oral, 8. Mortgage Contingenq. (/h•/rte if innppla~ all(.) The obligations as to the physical condition, state of repair, use, cost of operation or any other matter related to the Premises or the other properly of Poldrascr hereunder ai c conditioned (,poll issuance on or included in the sale, given or made by Seller or its representatives, before May 1 , Pt 96 , (tire -c(... a r- and shall accept the same "as is" in their present condition and meat Dare") of a written cunumilntcnt front any Inslirluiunal state of repair, subject to reasonable use, wear, tear and natural Lender pursuant to which sudr Inslilwinmll Lender agrees to deterioration between the dale hereof and the dale of Closing make a first mortgage loan, other than a VA, MIA of other (except as otherwise set forth in paragraph 16(Q), without any governmentally insured loan, to Purchaser, at Purchaser's sole reduction in the purchase price or claim of any kind for any cost and expense, of s 240, 000.00 or such lesser change in such condition by reason thereof subsequent to the date suns as Purchaser shall be willing to accept. at the prevailing fixed of this contract. Purchaser and its authorized representatives shall have the fight, at reasonable times and upon reasonable notice (by rate of interest fit)! or* . + or initial adjustable rate telephone or otherwise) to Seller, to inspect the Premises before of interest ro-terrreeed~- for if term of at (cast Closing. years and on other custourary commitment terms, whether or not 13. Insurable Title. Seller shall give and Purchaser shall accept conditional upon any factors other than an appraisal satisfactory to the Institutional Lender. Purchaser shall (a) make prompt such title as any reputable title insurance company application to ;in Institilional Lender for such mortgage loan, (b) furnish accurate and complete information regarding Purchaser shall be willing to approve and insure in accordance with its and members of Purchaser's family, as required, (c) pay all fees, standard form of title policy approved by the New York Slate points and charges required in connection with such application Insurance Department, subject only to the matters provided for in and loan, (d) puesue such application with diligence. (c) cooperate this contract. in good faith with such Institutional Lender to obtain such corm- 14. Closing, Deed and Title. (a) "Closing" means the settle men( of mitncnt and (0 promptly give Notice to Seller of the name and the obligations of Seller and Purchaser to each other m der this address of each Institutional Lender to which Purchaser has nladc contract, including the payment of the purchase price t . Seller, such application. Purchaser shall comply with all requirements of such commitment (or of :illy other commitment accepted by Pur- ail lire delivery to Purchaser of a Bargain and Sal e chaser) and shall furnish Seller with a copy thcrcof promptly after Deed with Covenants receipt thereof. If such commitment is not issued on or before the Commitment Date, t'nen unless Purchaser has acecpled a com- decd in proper statutory short form for record, duly executed and mitment that does not mtply with the fcquirements set forth acknowledged, so as to convey to Purchaser fee simple title to the above, Purchaser m:.-v c uccl this contract by giving Notice to Premises, free of all encumbrances, except as otherwise herein t Date, in which slated. l-he deed shantain a covenant by Seller as required by Seller within 5 businns d. vs alter the Contain n Vii case this contract sit ill be :teemed cancelled hereafter neither subd. 5 of Section I. me Lien Law. a'(%s3 `-'ze!Irr-irJ-corporation-, it-si,rrl4-cfd;vcr-tn-h h--elat 0.- (c) If there is a water erwon the Premises, Seller shall furnish ti re o' Z'iD.' a a resolution of its hoard of rs aullimir- a reading to a date no Orion 30 days before Closing and the r the slit and e' ~ of the decd, and (u) _ dicue by the unfixed meter charge a? -er rent, if any, shall be apportioned S zct,.i} o Assistant Seers , f the corporaumm cer[fying such on the basis of such last reading. olutio i ~,mf setting forth facts s, nLlhat the transfer is in (d) If at the date of Closing the Premises are affected by an c( nfor.nity with the requirements of Section f the Business assessment which is or may become payable in annual mstall- C)rpoiation Law. The deed in such case shall cotta, e>~ecit I ments, and the first installment is then a lien, or has been p;,id, h that Sectirm. then for the purposes of this contract all the unpaid installments shall be considered due and shall be paid by Seller at or prior to IS Closing Date and Place. Closing shall take place at the office Closing. of Sc -ler's Attorney's 01 fices (c) Any errors or omissions in computing apportionments or tit, Quinlan, Staley & Ledwith, 377 Oak Street other adjustments at Closing shall be corrected within a reason- lrd CitV, NY 11530 able time following Closing. "this subparagraph shall survive Closing. at 10:00 o'clock on or about July 1, 19 96 19. Allowance for Unpaid Taxes, etc. Seller has the option to or, upon reasonable notice (by telephone or otherwise) by Pur- credit Purchaser as an adjustment to the purchase price with the chaser, at the office of the lending institution amount of any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five business days after Closing, provided that official 16. Conditions to Closing. This contract and Purchasers obliga- bills therefor computed to said date are produced at Closing. tion to purchase the Premises are also subject to and conditioned 20. Use of Purchase Price to Remove Encumbrances. If at Clos- upon the fulfillment of the followine conditions precedent: ing there are other liens or encumbrances that Seller is obligated (a) The accuracy, as of the date of Closing, of the represents- to pay or discharge, Seller may use any portion of the cash bal- tions and warranties of Seller made in this contract. arice of the purchase price to pay or discharge them, provided (b) The delivery by Seller to Pure teaser of it valid and subsisting Seller shall simultaneously deliver to Purchaser at Closing instru- Certificate of Occupancy or other required certificate of com- ments in recordable form and sufficient to satisfy such liens or pli:nce, or evidence that none was required, covering the build- encumbrances of record, together with the cost of recording or ing(s) and all of the other improvements located on the property filing said instruments. As an alternative Seller may deposit suffi- authorizing their use as a one family dwel- cient monies with the title insurance company employed by Pur- ling at the date of Closing. chaser acceptable to and required by it to assure their discharge, (c) l he delivery by Seller to Pill c baser of a duly executed and but only if the title insurance company will insure Purchasers title sworn affidavit (in form prescribed Icy law) claiming exemption of clear of the matters or insure against their enforcement out of the the sale contemplated hereby, it su;h be the case, under Article Premises and will insure Purchaser's Institutional Lender clear of 31-13 of the Tax Law of the State •f New York and the Regu Lt- such matters. Upon notice (by telephone or otherwise), given not Lions promulgated thereunder, as the same may be amended from less than 3 business days before Closing, Purchaser shall provide time to time (collectively the "Gait s Tax Law"); or if such sale separate certified or official bank checks as requested to assist in shall not be exempt undcr the Gaits Tux Law, Seller and Put- clearing up these matters. chaser acne to comply in a timely manner with the requirements 21. Title F'xaminalion; Seller's Inability to Convey; Limitations of of the Gains Tax Law and, at Closing, Seller shall deliver to Pur- Liability. (a) Purchaser shall order an examination of title in chaser (i) an official return showing no tax due, or (ii) an official respect of the Premises from a title company licensed or autho- return accompanied by a certified or official bank check drawn on rized to issue title insurance by the New York Stale Insurance a New York State banking institution payable to the order of the Department or any agent for such title company promptly after New York State Department of l;axation and Finance in the the execution of this contract or, if this contract is subject to the amount of the tax showri to be due thereon. Seller shall (x) pay mortgage contingency set forth in paragraph 8, after a mortgage prnnlptly any additional tax that may become due under the Gains commitment has been accepted by Purchaser. Purchaser shall I.ix Law, together with interest :tad penalties thereon, if any, cause a copy of the title report and of any additions thereto to 4e (,hich may be assessed or become duc after Closing, andfor exe- delivered to the attorney(s) for Seller promptly after receipt there I. cute any other documents that may !,e required in respect thereof, (b)(O If at the date of Closing Seller is unable to transfer title io and (y) indemnify, defend and save Purchaser harmless from and Purchaser in accordance with this contract, or Purchaser has oil cr ayninst any of the foregoing and :any damage, liability, cost or valid grounds for refusing to close, whether by reason of lies, c:spense (including reasonable attorneys' fees) which may be suf- encumbrances or other objections to title or otherwise (herein c, d- fcred or incurred by Purchaser by re:aon of the nonpayment there- lectively called "Defects"), other than those subject to which Pt r- of. "1-he provisions of this subparagraph (c) shall survive Closing. chaser is obligated to accept title hereunder or which Purcha• :r (d) The deliverv by Seller to Purchaser of a certification stating may have waived and other than those which Seller has her, in that Seller is not a foreign person. .vhieh certification shall be in expressly agreed to remove, remedy or discharge and if Purcha• _r the form then required by FIRPI-A. If Seller fails to deliver the shall be unwilling to waive the same and to close title with( it aforesaid certification or if Purchaser I, not entitled under abatement of the purchase price, then, except as hereinafter :t FIRPTA to rely on such certification, Purchaser shall deduct ;nd forth, Seller shall have the righi, at Seller's sole election, either :o withhold from the purchase price n sum equal to 10% thereof (or take such action as Seller may deem advisable to remove, rimer v, any lesser :,mount permitted by Loo) and shall ;u Closing remit the discharge or comply with such Defects or to cancel this contra t; withheld amount with the required loans to the Internal Revenue (ii) if Seller elects to lake action to remove, remedy or comply w iIt Service. such Defects, Seller shall be entitled Irom time to time, up as (e) The delivery of the Premise, ?rd all building(s) ;Intl inmprove- Notice to Purchaser, to adjourn the date for Closing hereunder I ,r merits comprising a part thereof in I room clean condition, vacant a period or periods not exceeding 60 days in the aggregate (but r It and free o; leases or tenancies, together with keys to the Premises. extending beyond the date upon which Purchaser's moitg:: ;e (f) Al! plumbing (including water supply and septic sv.stems, if commitment, if any, shall expire), and the date for Closing shall e any), heating :Ind air conditioning, d anv, electrical and meeh;ui- adjourned to a date specified by Seller not beyond such period. if col system,, equipment and machinery in the building(s) located tar any reason whatsoever, Seller shall not have succeeded in on the property and all appliances which are included in this sale moving, remedying or complying with such Defects at the expi, a- being in avurking order ;a of the d:tr of Closing. tion of such adjournment(s), and if Purchaser shall still be urm I- -(•H 11--uh° o....j w~,~..^ ^ ~ume , wta-GuNil}_Im.wu,~lrai v.•~, , ling to waive the same and to close title without abatement of t to the parties at Closing of affidavits j w:tm scut and purchase price, then either party may cancel this contract v local lass _iecc Wc~~a»t rite c f( ect that there is installed in the Notice to the other given within 10 days after such adjourned da e; 6r,-t+-,ar~ke-fleteet:eq alaaiu-(ia.iur.er-dui (iii) nulwit lids riding the foregoing, the existing mortgage (turf, ss (h) The delivery by the parties any other affidavits required this sale is subject to the same) and any matter created by Seller as a condn,on of recording the decd- after the date hereof shall be released, discharged or otherwise cu 17. Decd Transfer and Recording 'axes. %1 Closing, ccrtiGal or red by Seller at or prior to Closing. (c) If this contract is cancelled pursuant to its terms, other than official bank checks payable to the t rcler of the appropriate State, its a result of Purchasers default, this contract shall terminate and Citv or County officer in the amount of applicable transfer come to an end, and neither party shall have any further rights, and; or recording tax payable by reason of the deliverv or record- obligations or liabilities against or to the other hereunder or other- ing of the decd or mortgage, if any, hall be delivered by the party wise, except that: (0 Seller shall promptly refund or cause the required I,g law or by this contract to p:,y such transfer and for Fscrowee to refund the Downpaymenl to Purchaser and, unless recording tax, together with any required tax returns duly exe- , cancelled as a result of Purchaser's default or pursuant to pa coiled and sworn to, and such parts shall cause any such checks graph 8, to reimburse Purchaser for the net cost of examination of and returns to be delivered to the ;appropriate officer promptly title, including any appropriate additional charges related thereto, after Closing. Ilse obligation to pay any additional tax or deli- and the net cost, if actually paid or incurred by Purchaser, for cicncy and any interest or Penalties ahcrcon shall survive Chtsing, updating the existing survey of the Premises or of a new survey, 18. Apportionments and Other Adjustments; Water Meter and and (it) the obligations under paragraph 27 shall survive the ter- Installment Assessments. (a) "fo the extent applicable, the 1"0110w- mutation of this contract. ing shall be apportioned as of midnight of the day before the day 22. Affidavit as to Judgments, Bankruptcies, etc. If a title e.xami- of Closing: nation discloses judgments, bankruptcies or other returns against (i) taxes, water charges and sewer rents, on [tic basis of the persons having names the same as or similar to that of Seller, fiscal period for which assessed; 60 fuel; (iii) iiiiiiies! ° ti Seller shall deliver an affidavit at Closing showing that they are .-iItiligtrttttx(ercb,~-i1ra;ranee not against Seller. 23. Defaults and Remedies. (a) If Purchaser defaults hereunder, t~ Pinning, (v) tntilt- Irate t. Seller's sole remedy shall be to receive and retain the Downpay- (b) If Closing shall occur before it new fax rate is fixed, the men[ as liquidated damages, it being agreed that Seller's damages apportionment of taxes shall be upon (lie basis of the tax rate for in case of Purchasers default might be impossible to ascertain and the immediately preceding fiscal period applied to the latest that the Downpaynment coominnes a fair and reasonable amount assessed valualion- of damages under the circumstances and is not n penally. (b) if Seller defaults hereunder, Pu,.r shall have such claimsand expense!Chiding reasonable attorneys'fecs,arising out remedies as Purchaser shall be entitled to at taw or in equity, includ- of the breach on their respective parts of any representation or ing, but not limited to, specific performance. agreement contained in this paragraph. The provisions of this para- 24. Purchaser's Lien. All money paid on account of this contract, graph shall survive Closingor, if Closingdoes not occur, the termimr and the reasonable expenses of examination of title to the Premises con of this contract. and of any survey and survey inspection charges, are here- 28. Miscellaneous. (it) All prior understandings, agreements, repre- by made liens on the Premises, but such liens shall not continue after sentations and warranties, oral or written, between Seller and ]'or- default by Purchaser under this contract. chaser are merged in this contract; it completely expresses their full 25. Notices. Any notice or other communication ("Notice")shall be agreement and has been entered into after full investigation, neither i it writ ing:md cit tier (it) sent byeitheroftheparties heretoorby their forthparty in this th isg contra cctoy statement made by anyone else that is not set respective attorneys who are hereby authorized to do so on their contract may bewaivcd, behalf or by the Escrowec, by registered or certified mail, postage changed Nei orcathertncgiellecontract nor any d exceplled except in writing. This Thiis contract thereof prepaid, or shall also apply to and bind the heirs, dislributees, legal rc resentatives, successors (b) delivered in person or by overnight courier, with receipt p and permitted assigns of the respective parties. The parties anhereby acknowledged, mthe respective addresses given in this contract for :mthorize their respcctiveauorncys to agree in writing t to anychnngcs the party and the Escrowee, to whom the Notice is to be given, or to in dates and time periods provided for in this contract. such other address as such party or Escrowee shall hereafter desig- (c) Any singular word or term herein shall also be read as in the nate by Notice given to the other party or parties and the Escrowec plural and the neuter shall include the masculine and feminine pursuant to this paragraph. Each Notice mailed shall be deemed gender, whenever the sense of this contract may require it. given on the third business day following the date of mailing the (d) The captions in this contract are for convenience of reference same, except that any notice to Escrowee shall be deemed given only onlyand in no way define, limit or describe the scope of this contract upon receipt by Escrowee and each Notice delivered in person or by and shall not be considered in the interpretation of this contract or overnight courier shall be deemed given when delivered. any provision hereof. 26. No Assignment. This contract may not be assigned by Purchaser (e) This contract shall not be binding or effective until duly cxr without the prior written consent of Seller in each instance and any euted and delivered by Seller and Purchaser. purported assignment(s) made without such consent shall be void. (nt Sellerand comply with IR tingrequirc- ments, if applicable. . This This s suub bpaaragraph shall su wrvive ve C Closing. 27. Broker. Sellerand Purchaser each represents and warrants to the (g) Each party shall, at any time and from time to time, execute, otherthat it has not dealt withanv broker inconnection with thissale acknowledge where appropriate and deliversuch furtherinstruments other than Lewis Realty GrOUp and documents and take such other action as may be reasonably requested by the other in order to carry out the intent and purpose of this contract. This subparagraph shall survive Closing. (h) This contract is intended for the exclusive benefit of the parties ("Broker") and Seller shall pay Broker any commission earned pur- hereto and, except as otherwise expressly provided herein, shall net scant to a separate agreemem between Seller and Broker. Seller and be for the benefit ol, and shall not create any rights in, or he Purchaser shall indemnify and defend each other against any costs, enforceable by, any other person or entity. IN WITNESS WHEREOF, this contract has been duly executed by the art es hereto. , . EDITH G. PURPURA Seller V N E T N 0 Purchaser Seller CAROL MANAG0 Auchnser Attorney for Seller: TERENCE M. UINLAN Attorney for Purchaser: DAVID STARKE, ESQ. WHITE, QUINLAN, STALEY & LEDWITH Address: 377 Oak Street Address: 900 Old Country Road Garden City, NY 11530 Garden City, NY 11530 Tel.: 516-222-2434 Fax: 516-222-2508 Tel.: 516-222-3615 Fax516-222-3778 Receipt of the Downpayment is acknowledged and the undersigned agrees to act in accordance with the provisions of paragraph 6 above. E,,rnwee (ga21tIart of `$ulc PREMISES Tm.r No. Section PURPURA Block Lot TO County or Town COUNTY OF SUFFOLK Street Number Address 8225 Nassau Point Road MANAGO Cutchogue, NY STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by First American Title Insurance Company, of New York I IOME OFFICE SUFFOLK OFFICE 1050 Franklin Avenue NEW YORK OFFICE 210 Court Street Garden City, New York 11530 170 Broadway Riverhead, New York 11901 New York, New York 10038 (516) 727-5700 (516) 742-7500 (212) 513-1700 (800) 727-5700 (718) 895-3430 WESTCHESTER OFFICE BROOKLYN OFFICE One Pierrepont Plaza 81 Main Street 300 Cadman Plaza West White Plains, New York 10601 Brooklyn, New York 11201 (914) 997.1444 (212) 295-9125 - (718) 237-7600 (212) 609-4fififi RIDER TO CONTRACT 29. If the said property be subject to any liens such as transfer, inheritant, estate, franchise, dissolution, license or other similar taxes, the same shall not be deemed an objection to title provided that the title company to which the purchaser has applied for title insurance will, at the time of closing of title, issue or bind itself to issue its policy which will insure the purchaser against the collection of said taxes from the said premises, 30. Purchaser is given the option to have the premises inspected for termite infestation at purchaser's own cost and expense. In the event active termite infestation and structural damage are found at the premises being purchased herein, upon due notice, seller shall have the option to repair the condition or refuse to repair the condition. In the event seller refuses to clear the condition and repair any damage caused thereby, purchaser shall have the option to either cancel tlus contract and receive a fill refund of the down payment paid hereunder, or, in the alternative, purchaser may accept the premises "as is". Notice with regard to any possible termite condition as mentioned in this paragraph must be forwarded to the attorneys representing the seller within ten (10) days from the date of this contract. In the event said notice is not received by said attorneys within the aforesaid ten (10) day period, the contents of this paragraph shall be null and void and of no further force and effect. 31. This contract may not be assigned without the written consent of the Seller. 32. Seller represents that the plumbing, heating, electrical systems, air conditioning, if any, and appliances are in working order and will be in said condition at the time of closing of title or delivery of possession, subject to reasonable use, wear and tear, and natural deterioration. 33. Seller agrees to repair the northeast corner of the roof of the premises and represents that the roof shall be free of leaks at the time of closing. 34. Seller agrees to replace two (2) Anderson windows, one on the porch and one in the master bedroom prior to closing. 35. Paragraph 8 of the contract is amended as follows: If the mortgage commitment is not issued on or before the commitment date, the Seller is given the option to extend the Purchaser's time to obtain said mortgage commitment for an additional period of up to twenty (20) days. If the Seller wishes to exercise this option, notice must be given in writing to the attorney for the Purchaser within five days of the above mentioned date. 36. The Purchaser represents that it currently has sufficient assets to complete the payment of the purchase price for the premises, including customary costs incidental to closing, and that it knows of no reason why its credit standing is impaired or should not be considered favorably by any lending institution. 37. If, at the time of closing, the premises are affected by an assessment which is or may become payable in annual installments, then for the purposes of this contract all installments that have become due and payable at or prior to the closing shall be considered due and are to be paid by Seller at closing. The Purchaser shall take title subject to all other installments. 38. This agreement shall not constitute an offer and shall not be binding or enforceable against the Seller unless and until it has been duly executed by the Seller and a frilly executed original counterpart has been delivered to the purchaser and until such time the Seller shall be free to negotiate for, and enter into an agreement with respect to the sale of the premises to any other prospective purchaser or for any other disposition of any interest in the premises without prior notice to the purchaser. 39. In the event there are any conflicts between the terms of the printed contract and the terms of the rider, the terms of the rider shall govern, rc EDITH G. PURPURA CENT AG CAROL MANAGO 40. PERMITS AND APPROVALS CONTINGENCY. The obligations of the SUIT Purchasers hereunder are subject to and contingent upon the Purchaser obtaining any and all necessary, in PURCHASERS' SOLE DISCRETION, permits, licenses, approvals, variances, etc., which the Purchaser may require in order to replace, install, remove and/or repairthe bulk headon the premises. In the event that said permits and/or approvals are not obtained by May 15,, 1996, then Purchasers shall have the right to cancel this contract and receive back their entire down payment Iul~\ immediately, or may extend the contract to May 31, 1996, at which time the purchaser will either waive this clause or cancel the contract. 41. INSURANCE CONTINGENCY. The obligations of the Purchasers hereunder are subject to and contingent upon the Purchaser being able to obtain any and all necessary insurance for the premises to insure their interest and the interest of the mortgagee at prevailing market rate for 4similar risks. si nffican 42. In the event there is any additional±ca$gtaoaal the date hereof to the premises including but not limited toAsoil each erosion, then the Purchasers shall have the right to cancel this contract and receive back their entire down payment immediately. Substantial soil/ beach erosion shall be defined as being more than 15 cubic yards of soil/sand. vunsE rtes SCHEDULE "A" ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon, situate, lying and being at Nassau Point or Little Hog Neck in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot #!64 and north half of Lot 1165 on a certain map entitled, "Amended Map A. of Nassau Point, owned by Nassau Point Club Properties, Inc., situate in the Town of Southold, Long Island, New York surveyed June 28, 1922 by Otto W. VanTuyl, C.E. & Surveyor, Greenport, N.Y.", filed in the Office of the Clerk of Suffolk County, August 16, 1922, as Map No. 156. TOGETHER with all the right, title and interests of the party of the first part in and to Nassau Point Road, adjacent to said premises, to the center line thereof, and to land below high water mark and under the waters ofPeconic Bay adjacent to said premises. SUBJECT to covenants and restrictions and easements contained in former deeds of record. S i _d Ir I I ~ _ 1 • ~I 14 NOW A a