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HomeMy WebLinkAbout4345 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION DATE OF ACTION: October 11, 1995 APPL. #4345. APPLICANT: BERNARD FISHER (LOUISE EHLERS~ OWNER) LOCATION OF PROPERTY: S/s New Suffolk Ave., Mattituck. 1000-114-12-4. BASIS OF APPEAL: Notiee of Disapproval issued by the Building Inspector dated September 18, 1995. "Proposed construction will have insufficient side yards. Also lot has insufficient width as required at building or street line .... " PROVISIONS APPEALED FROM: Article III~ Section 100-32. RELIEF REQUESTED: Side yards proposed at 11.5 feet and at 15 feet for a total of 26.5 feet for a principal dwelling. Also, lot width at building setback line is approximately 64 feet, and at 61.78 feet at the street line shown on the Roderick VanTuyl, P.C. survey of September 6, 1995, amended September 12, 1995. MOTION MADE BY: Gerard P. Goehringer, Chairman SECONDED BY: James Dinizio, Jr., Member ACTION/RESOLUTION ADOPTED: Granted as applied. REASONS/FINDINGS: 1. Size of property as a whole conforms at 129,065 sq. ft. including wetland areas. 2. The dwelling is proposed at an elevation 15 or more feet from mean sea level and is subject to receiving County Health Department for the location of septic and water systems, and other approval and/or waivers from the Southold Town Trustees and N.Y.S. Department of Environmental Conservation. 3. All other zoning requirements are proposed to be complied with. 4. This parcel borders an HB Zone District (Handy Pantry retail store) on the west, and is proposed approximately 100 feet, or more, from the nearest residence. 5. There is no alternative for appellants to pursue other than a variance. 6. The relief requested is the minimum necessary to afford relief from the required 20 and 25 ft. side yards in this R-80 Zone which borders the HB Zone on the west which only requires a 10 ft. side, and borders the R-40 Zone on the east side which requires 15 and 20 sides. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member · Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chai~:tIll~n-Member. This resolution was unanimously adopted. /~//_~. ~,.i /,/ ~,' lk GERARD P. GOEHRINGER, CH'AIRMAN i. ECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK HOUR APPEALS BOARD MEMBERS Gerard P. Goehringer. Chairman Serge Doyen. Jr. James Dirdzio. Jr, Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE OF PUBLIC HEARINGS NOTICE tS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held at a Regular Meeting of the SOUTtlOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, OCTOBER 11~ 1995 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4336 - PEGGY HELLER (Owner of Property: NANCY DOUGLASS) requesting a Variance under Article III, Section 100-32, based upon the August 16, 1995 Notice of Disapproval from the Building Inspector for constructiort of a one-family dwelling with insufficient front and rear yard setbacks. Property location: 1145 Majors Pond Road, Orient; County Tax Map Parcel No. 1000-26-2-39.1; also known as Lot 3 on the Map of Willow Terrace Farms, Inc., Suffolk County File No. 9572. Zone: R-80 Residential. 2. 7:35 p.m. Appl. No. 4338 WILLIAM J. WAGNER requesting a Variance under Article XXJ[, Section t00-205.1, traseal upon the June 16, 1995 Notice of Disapproval from the Building Inspector' for placement of of a freestanding sign, as built, similar to former preexisting sign in this Page 2 of 5 - Legal Notice Regular Meeting of October 11, 1995 Southold Town Board of Appeals R-40 Zone District. This sign is accessory to a nonconforming use established at the promises for sales of antiques in conjullction with owner's residency. Location of Property: 7130 Main Rood, East Marion; County Tax Map Parcel No. 1000-31-6-6. 3. 7:40 p.m. AppL No. 4339 - GINA MAXWELL r~quest~ng a Variance under Article IIIA, Section 100-30AL4, for permission to locate accessory storage shed in the required rear yard and partly hz the side yard, as built and re-located from the former frontyard location, and Article III, Section 100-31B(3B) for an increase of 96 sq. ft. lot coverage. Property location: 170 Orchard St. (former fire house building), Orien. t; County Tax Map Parcel No. 1000-25-3-3.1. 4. 7:42 p.m. Appl. No. 4342 GEORGE and CAROL KRAEBEL requesting a Variance under Article IIIA, Section 100-30A.3 for permission to locate new dwelling with reduced setback from the we~teriy property line which encompasses a private right-of-way easement. Property location: 7285 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parce] No. 1000-126-10-1.5. R-40 Zone District. 5. 7:45 p.m. Appl. No. 4340 - JOSEPH AND SUSAN GRILLO requesting a Variance under Article XXIII, Section 100-231 for permission to extend height of a portion of proposed fence from 4 ft. to 6 ft. along the easterly edge of the applicant's land used as a private right-of-way, and the southerly end near the entrance onto Peconic Bay Boulevard for a page 3 of 5 - Le%,'otice Regular Meeting of October 11, 1995 Southold Town Board of Appeals street level with{n an isosceles triangle having 30 ft. sides along each corner to preserve sight lines for traffic. Property Location: N/s Peconic Bay Boulevard known as 365 Mesrobian Dr. (Private t~ight-of-Way), Laurel; County Tax Map Parcel No. 1000-145-4-12.1. 6. 7:50 p.m- Appl- No. 4341 JERAD MOTEL CORP. (a/k/a SUNSET MOTEL) requesting a Var~mnce under Article XXIV, Section 100-243A & B, based upon the September 7, 1995 Notice of Disapproval issued by the Buila{ng Inspector, for perm~.~sion to reestablish preexisting noncenfor,-{ng efficiency apartments use in the existing footprint of th~s preexisting nonconforming' building, portions of whick were recently damaged by fire. The property contra{ns a nonconforming lot size of less thsn five acres and is located in the Ri{ Resort-Resident~-l Zone. Property location: 62005 C.R. 48, Greenpor~, NY; County Tax Map Parcel No. i000-40-1-1. 7. 8:00 p.m. Appl. No. 4343 HENRY and LINDA STEFFENS requesting a Variance under Article IIIA, Section 100-30A.3 and Article XX-III, Section 100-239.4B based upon the September 14, 1995 Notice of Disapproval issued by the Building lnmpec[or, for per,nission to construct alteration and addition to existing dwelling, which is proposed a reduction in the side yard and bulkhead setbacks. Location of Property: 4522 Great Peconic Bay Boulevard, Laurel; County Tax Map Parcel No. 1000-128-4-19. 8. 8:05 p.~/~t~pI- No. 4344 - BERNARD.~4-S~ER requestiug a variance · - ~age 4 of 5 - Legal _~tice Regular Meeting of October 1], 1995 Southold Town Board of Appeais 8. 8:05 p.m. Appl. No. 4344 - BERNARD,FISHER requesting a variance under Article III, Section 100-32, based upon the September 18, 1995 Notice of Disapproval issued by the Building Inspector, for permission to locate proposed dwelling with reduced side yards on tbi~ 2.96+- acre parcel, which parcel Avenue, and identification: 1000-114-12-4. Suffolk Avenue). 520 New Suffolk Avenue, Zone: R-80 (abuttiug containg a nonconforming lot width of 61.78 along New Suffolk slightiy wider at the building setback line. Property Mattituck; County Parcel No. R-40 and HB Zones along New 9. 8:10 p.m. Appl. No. 4344 AMAC, IF/C. (SUKRU ILGIN) requesting a Variance for relief of Conditions No. 3 and 4 of ZBA Determination rendered March 25, 1992 under Appl~ No. 4074 which Conditions read as follow: 4q There shall be only one entrance for the convenience store area, that being located only at the east side of the existing building; and There shall be no entrance way between the gasoline sales area of the building te the convemence store Preper~y is established as a gasoline service sm'aon with convenience sales. Location of Property: 7400 Main Road, (Laurel Scheel District); County .Parcel No. 1000-122-7-1. B-General Business. accessory Mattituck Zone: Page 5 of 5 - Leg~al\ ~tice Regular Meeting of October 11, 1995 Southold Town Boaxxl of Appeals not hesitate to call 765-1809 or visit our office. Dated: September' 25, 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF AI)PEALS GERARD P. GOEHRINGER CHAIRMAN By ]'.inda Kowalski X TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. To NOTICE OF DISAPPROVAL , //~,~ PLEASE TAKE NOTICE that your application dated .... for permi ~~.~~ ............... ~o~ o~o~ .~ .......... ~ .~.~~~. ....... House ~vo. ~eer v .~ ' / / ~amle~ County Tax Map No. ]000 Section .... //~ ..... Block .... ~ ..... Lot .............. Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the · .~..z~,_~.../~..o. :.~. ~ R~ 1/80 Examined ~././f .......... , 19~.( Approved ...[. ¥,~ ..... 19... Disapp roved' a/c ~.~..t~.~.; .~.~.. ORM N0. 1 TOWN OF SgUTHOLD BUI LDIN~:~i?ARTM ENT: T~J~N HALL SOUTHOLD, N,Y. 11971 TEL,: 765-1802 Permit No ............ BOARL) OF HEAL1H ........ 3 SETS OF PLANS ........ SURVEY ................. CHECK .................. SEPTIC FORH ............ CALL ........... HAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT Date ................... 19. INSTRUCTIONS a Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on prenffses, relationship to adjoining premises or public stree or areas, and givmg a detailed description of layout of property must be drawn on the diagram which is par~ of this app cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building.inspector ~ill igsued a Building Permit to tlte applicant. Such perm shall be kept on the premises available for inspection throughout tile work. e. No building shall be occupied or used in whole or in prat for any purpose whatever until a Certificate of Occupane shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to tt Building Zone Ordinance of the Town of Soutbold, Suffolk County, New York, and other applicable Laws. Ordinances ~ Regulations, for the construction of buildings, additions or alterations, or for removai or demolition, as herein describe~ Tile applica~tt agrees to comply with all applicable laws. ordinances, building code, housing code, and regulations, and admit authorized inspectors on premises and in building for necessary inspections. ..... ¥. -- (Signature of applicant, or name. if a corporation) ...X :..o..:..%o.. ................ (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, mectriclan, ptumuer or o ud ..... .... ................................................. ~ame of owner of ~ren, ises .....C ~..K. %~..~. ' ............. (as on tile tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Nan~e and title of corporate officer) Builder's License No .......................... Plumber's Lice nse No ......................... Electrician's License No ....................... Other Trade's License No ...................... SEP r 5 1995 · BLDG. TOWN c)= I Location of land on which proposed work will be done...%.~--..%.."~.."~...., ~~.-~.'. ?"..~77':...'~...~ .................. ~f.g,, ..... ~..~ ~%~k~ ..... ~ :SN. ~%~ .~w. ......... House Number Street Hamlet Connty Tax Map No. 1000 Section ,S~.~O Block .... ~..~..:... Lot..~ ............ Subdlvision ..................................... Filed Map No .............. Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ....M.~....O~...'*-~,,'w':....~.......M~ ~ ~) ............................ b. Intended use and occupancy ....~....~.."~..~,..=.. -'. -~'~'e2--~'...'~--....-~....'>-2~- · '~...x"~'~...~i.. ............. X 3. Nature of work (check which applic~ole): New Building .. ~ ..... Addition .......... Alteration ......... Repair ............ Removal .............. Demolition ................ Other Work ......... (Description) 4. Estimated Cost ~ ~ ..~)i:Z~ O Fee (to be paid oil filing this application) 5. It' dwelling, number of dwelling units ............... Nmnber of dwelting units on each floor ................ If garage, number of cars ....................................................................... 6. tf business, commercial or mixed occupancy, specify nature anu exten[ of.each type of use ............... ,.. 7. Dimensionsofexistingsrmctures, ifany: Front ............... Rear .............. Depth ........... Height ............... Nmnber of Stories ........................................................ Dimensions of shme structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ................. ;.. Number of Stories ..................... 8. Dimensions of entire new cpnstrucfion: Front .. ~.~'~ ........ Rear ...~..~ ......... Depth ~ .~. ~. ....... [-teighI ....... Number of Stories .~. 9 Size of 0t' Fro ~::~--~ ' .......... : ............................ · . nt ....... -.~..~*-,-.~- ....... Rear..~'.C_,~ .~>a~..~ ..... Devth ...."~-r..~Q..q ...... 10. Date of Purchase .bg~'...ok< . .N.~. q,...~. .... · ........ . NanLe,of"Porme; Owner . .~J .x~...k~ .~?-,-.~T._,~ ............... 11. Zone or use district in which premises are situated...~,_.'27.~([2)..' .............................. i ~ ..... 12. Does proposed construction violate any zomng law, ordinance or regulation: . .~..\~¥ .~..'b,..i~a~,'4r ........... 13. Will lot be regraded . .-~ ................... Will excess fill be rera~ved from premises: Yes 14. Name of Owner of premises~. .~-'7.~. ~ ."m.-..~ar-'7.. , .... Address .~.....r..~. ~-~,..~j.~. Phxck~°' . .k~.,].---) Name f Archttect ........................... Address ........... · ........ Phone i~ ................ Naine of Contractor .... .<o. ~ ............ Address ................... Phone No ............... 15. Is this property within 300 feet of a tidal wetland? xYas..q_.-f.. No ......... · If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, wh~ther existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW YORK, ~ S S COUNTY OF ....... .... . ~...~.~ .~...c_,,~&.' .~_ ~ ~ ~-- being duly sworn, deposes and says that he is the applicant /Name o~ individual signing contract) lbove named. (Contractor, agent, corporate officer, etc.) )f said owner or owners, and is duly amhori~ed to perform or llave performed the said work and to make and file this pptication; that a 1 statements contained in this'application ai/e true to the best of his knowledge and belief and that the york will be performed in the manner set forth in the application filed therewith. ;worn to before me this 4otary Public, . ........ County Notary Public, State of New ¥ork/~ No, 4822563, Suffolk County RECeiVED TOWH OF SOUTHOLD, NEW YORK $~Uthold Town C[e~ATE ....~\...:...~..~....: ..... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N Y ~~ ~' Nome of Appellant % Street and Number Municip~li~ St~t~ JHE ZONING BOARD OF APP~LS FROM THE DE~ISION OF THE BUILDING INSPE~OR ON APPU~TION FOR P[RMtT MO ..................................... DAT[D ................................................ WHEREBY THE BUILDING INSPECTOR DENIED TO ................. Mome of Applicant for permit .... ........................ .................... ....................... ()PE~IT TO USE ()PERMIT FOR OCCUPANCY ~treet /nam~e~: / Use D~strmt on Zoning Map District 1000 Secti0n\WqBlock~Lot~ A _ ~ ............................................................ current u~ner ¢z_ x.~. x...~_.C ~. Mop No. 'Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragrcph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~\ k Section k_~;Z)~')~-~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (-~)'- A VARIANCE to the Zoning Ordinance or Zoning Map { ) A VARIANCE due to lack of access (State of New York Town Law Chap. 6:2 Cons. Lows Art. ! 5 Sec, 280A Subsection 3 () 4. PREVIOUS~'APPEAL A previous appeal (has) ~been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit I ) request for a variance and was made in Appea! No ................................. Dated ............................. · ........................................ REASON FOR APPEAL ( ] A Varig=nee to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance ( ) is requested for the reason that (Continue on other side) REASON ;QR ¢,P:PEAL I. STRICT APPLICATION OF THE OR~INAJq~c wou d produce practical difficulties or unneces- sary HARDSHIP because 2, The hardship, created is UNIQUE and is nat shared by all properties alike in the immediate vicinity of this properw aha in this use district because 3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT' because STATE OF NEW YORK ) COUNTY OF ) Sworn to this da/ o ...................... 19 ~"'"~ To the Zoning Board of Appeals: Concerning Bernard Fishcr's request for a variance for Mattil~k property, District 1000 Section 114 Blook 12 Lot 4, 520 New Suffolk Avenue. 1) A variance is requested for side lot minirmlm ~ requirellle~its I1~ well as minimtlm width requirements b~cause of tl~ unique natu~ of the property and thc building hardships that generatas. This is a flag lot shaped three acre parcel covered by over two acres of wetlands. The 75 foot setback reataxirments from the wetlands by the DEC as well as thc Southold pushes the building envelol~ for this flag lot into the naxrow "pole" shaped part of this wh~r¢ thexe is n~ver more than 75 feet of widttr 2) Strict application of either o~rdimmce would produee pra~tieal difficulties as w~ll as unne,c, cessary hardships ?came it would make it virtually impossible to place any average sized dwellin~ The R-; _~ zoning of ~5 feet of side lot distance would leave a house barely 20 feet wide. My parents are ~ in ~.. ~,~u~d and require a ranch style, one story house because of my mother's hmtlth :and disabilitieS. 3) The har&hipsare uuique .,a~t_ not shared by other properties in this district because the allowable area that can be built upon is much less than a R-SO zoning would scm to imply. 4) The va~i, ~'ance would not change tim charamer of ttm district beeau~, other *h~ the Handy Pantry at the end of New Suffolk Avenue, all properties in this area arc single trait dwellings, most built decades ago, with buildings and outbuildings already placed close to existing propexty lines. 'TOWN. OF SOUTHOLD PROPERTY RECORD~CARD OWNER STREET ORMER OWNER " N ~' ' ' ACR. .~ .~__ . W TYPE OF BUILDING '" LAND IMP. ¢~TAL D*TE ' REMARKS AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre V~lue Per Value Voodland ~tamPland J. g ~ ~ (/~ ~ FRONTAGE ON WATER FRONTAGE ON ROAD louse Plot '~'~ : ~-0 DEPTH oral DOCK o~-/1~,. /. ~' TOWN'OF SOUTHOLD PROPERTY RECORD CARD VNER STREET k.~',~(~ VILLAGE, DIST. SUB.. LOT ~RMER OWNER .~4~/.~.¢~'_~'.~ ;~./,~ A.~._,/ E , ACR.. , ~c~' O.~& - S // W TYPE OF BUILDING' · ~/~ S~S. VL FARM COMM. CB, MICS. Mkt. V~lue AND IMP. TOTAL DATE REMARKS / / I AGE ' "BUILDIN~ CONDITION 5W NORMAL BELOW ABOVE ,RM Acre Va ue Per Value ' ' Acre ' ~ble " ' FRONTAGE ON WATER ~l~nd I FRONTAGE ON ROAD DEPTH ~ BULKH~D ',. il DOCK COLOR :TRIM M. Bldg. Exten,sion Extension Extension Porch Porch Garage Patio Total Foundation Basement Ext. Walls Fire ?lace Type Roof Recreation Room Dormer Both Dinette Floors ~terior Finish Heat 1st Floor Rooms 2nd Floor Driveway DR. BR. -- SUFFOLK CO. HEALTH DEPT. APPROVAL H. S~' NOi '"~- ~0 },,;,.ere iV/AP DF' PP..OPEPTV SUI;.V E'Y~:D FO{2 AT ~ATTITLJCI(, ~CALE, lO0 ,, AI2EA. 129 065 RODERICK VAN TUYL, ~.C. LICENSED LAND SURVEYORS GREENPORT NEW YORK STATEMENT OF INTENT THE wATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE sUFFOLK CO DEPT, OF HEALTH SERVICES. {S) APPLICANT. SUFFOLK COUNTY SERVICES - FOR CONSTRUCTION ONLY DATE .... H S. REF. NO. _ APPROVED: DEPT Of HEALTH APPROVAL FOR SUFFOLK CO. TAX MAP DESIGNATION: D ST. SECT BLOCK PCL, t000 t l/4 12 -~WNERS ADDRESS: DEED: L. TEST HOLE STAMP ~tL~'Y 5~iD 4,5'J ~IN~ TO COAt, SE APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 December 11, 1995 Mr. and Mrs. Bernard Fisher P.O. Box 645 East Marion, NY 11939 Re: Variance for Side Yards Parcel #1000-114-12-4 (Ehlers/Fisher) Dear Mr. and Mrs. Fisher: Thank you for sending your letter with enclosed map showing the approximate location of the blue spruce tree you ' wish to save (if possible). Our secretary indicated that when she spoke with you, you indicated that the foundation would be moved six inches to the west (towards the Handy Pantry Store), rather than towards the Reeser residence. This would reduce the total setbacks to 11 feet and 15 feet, respectively, instead of 11.5 and 15 feet. Once you receive a building permit and the foundation is excavated and measured, please contact the Building Department to re-confirm that the setbacks are able to be met at 11 feet on the west side, and 15 feet on the east side. The foundation survey should be submitted to the Building Department before proceeding further with construction. If it is not possible to meet this requirement, then a new application would be required. In that case, additional notice for the proposed amendment would be required to be sent by certified mail to all adjacent property owners, and our office would be required to advertise the amendment in the local newspaper(s). It has been our policy to allow a minimal reduction of one to six inches if deemed necessary. If you are able to meet this adjustment of 6" for the reduced side yards (to be 11.0 feet at the west side and 15.0 feet Page 2 - December 1995 To: Mr. and Mrs. Bernard Fisher Re: Parcel #1000-114-12-4 at the east side, then no additional application for a new hearing will be required. Please be careful, however, not to reduce the side facing the Reeser Residence, and you should move the house 6" inches to the west side instead. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN cc: Building Department P.S. We have made a copy of the original survey and are returning the survey with the original Health Department stamp to you since you may need it in the future. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. (~AFFNEY SUFFOLK COUNTY EXECUTIVE STEPHEN NI. ,JONES, A.I.C.P, DIRECTOR OF PLANNING November 1, 1995 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) Heller (Peggy) & Douglass (Nancy) Wagner, William J. Kraebel, George & Carol Steffens, Henry t/15ischer, Bernard Municipal FileNumber(s) 4336 4338 4342 4343 4345 GGN:gcc Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner 220 RABRO DRIVE · P.O. BOX 6100 · HAUPPAUGE. LONG ISLANO, NY I I 7EE-0099 · {516) 8~53-5192 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tonora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article X/V of the SuffoLk County Ac~ministrative Code, The Board of .Appeals of the Town of South~ld, N~ York, hereby refers the follcw~ng XX Variance from the Zoning Code, Article III , Section 100-32 __ Variance from Oetermination of Southold Town Building inspector ~Special Exception, Article , Section Special Permit Appeal No: 4345 Applicant: Bernard Fisher (Louise Ehlers, Owner) Location of Affected Land:s/s New Suffolk Ave., Mattituck, NY County Tax Map Item No.: 1000- 114-12-4 Within 500 feet of: XX XX Comments: dwelling with Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power ?lan: __Within One Mile of an Airport Applicant is requesting permission to construct one-family insufficient side yards and insufficient width as required at building or street line Cop]es of Town fiie an~ related oocumencs OaCed: October 24, 1995 enclosed for your review. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD October 20, 1995 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 1197l Fax (516) 765-1823 Telephone (516) 765-1809 Mr. and Mrs. Bernard Fisher Mr. and Mrs. Gregg Fisher P.O. Box 645 East Marion, NY 11939-0645 Re: Appl. No. 4345 - Sideyards and Lot Width Variances Dear Mr. and Mrs. Fisher: Please find enclosed a copy of the determination rendered by the Beard of Appeals and signed today concerning your variance application. A copy of this determination has been furni-~hed to the Southold Town Bui]ding Department pertaining to your pending building permit application request and as an update. In the interim you should apply to obtain County Health Department approval and furnish same to the Building Department when received together with the Town Trustees' permit (and waiver from the NYS Department of Environmental Conservation if required). The Suffolk County Department of planning may be forwarding correspondence to you since this project falls under their jurisdiction (within 500 feet of a waterway) under the Admini-qtrative Code of Suffolk County. It is expected that the county will refer the matter back to the Board of Appeals concerning the relief sought rather than talcing action for disapproval or approval. No further steps are required on your part since our office sends copies of this town file to the county directly. If you have any questions, please feel free to call our office, or that of the Building Department at 765-1802. Very truly yours, Enclosure cc: Building Department Town Trustees Office Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (5 t 6) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS AND DETERMINATION DATE OF ACTION: October 11, 1995 APPL. #4345. APPLICANT: BERNARD FISHER (LOUISE EHLERS~ OWNER) LOCATION OF PROPERTY: S/s New Suffolk Ave., Mattituek. 1000-114-12-4. BASIS OF APPEAL: Notice of Disapproval issued by the Building Inspector dated September 18, 1995. "Proposed construction will have insufficient side yards. Also lot has insufficient width as required at building or street line .... " PROVISIONS APPEALED FROM: Article III~ Section 100-32. RELIEF REQUESTED: Side yards proposed at 11.5 feet and at 15 feet for a total of 26.5 feet for a principal dwelling. Also, lot width at building setback line is approximately 64 feet, and at 61.78 feet.at the street line shown on the Roderick VanTuyl, P.C. survey of September 6, 1995, amended September 12, 1995. MOTION MADE BY: Gerard P. Goehringer, Chairman SECONDED BY: James Dinizio, Jr., Member ACTION/RESOLUTION ADOPTED: Granted as applied. REASONS/FINDINGS: 1. Size of property as a whole conforms at 129,065 sq. ft. including wetland areas. 2. The dwelling is proposed at an elevation 15 or more feet from mean sea level and is subject to receiving County Health Department for the location of septic and water systems, and other approval and/or waivers from the Southold Town Trustees and N.Y.S. Department of Environmental Conservation. 3. All other zoning requirements are proposed to be complied with. 4. This parcel borders an HB Zone District (Handy Pantry retail store) on the west, and is proposed approximately 100 feet, or more, from the nearest residence. 5. There is no alternative for appellants to pursue other than a variance. 6. The relief requested is the minimum necessary to afford relief from the required 20 and 25 ft. side yards in this R-80 Zone which borders the HB Zone on the west which only requires a 10 ft. side, and borders the R-40 Zone on the east side which requires 15 and 20 sides. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member James Dinizio, Jr., Member . Robert A. Villa, Member Lydia A. Tortora, Member Gerard P. Goehringer, Chairman-Member. This resolution was unanimously adopted. /~ c. /C //- 95- .3C/.e ~ee5 e~- THOMAS R. MERCIER, M.O,. F.A.A,P. LOVE LANE P.O. BOX 14231 October 10, 1995 Zoning Board of Appeals Town of Southold Southold Town Hall Southold, New York 11971 Re: Zoning variance for Bernard and Mary Fisher Dear Ladies and Gentlemen: As residents of 700 New Suffolk Avenue in Mattituck, with property which adjoins Mr. and Mrs. Fisher's prospective property, we would like you to know that we support their application for a variance to build a house. We would be delighted to have a house on that property. We hope you will approve their application. Sincerely, Thomas R. Mercier Barbara Mercier NOTICE OF PUBLIC NOTICE IS HEREBY GIVEN, Imr- suant to Section 267 of the Town Law and the Code of the Town of SouihokL that the following public hearings will be held at a Regular Meeting of the SOUTHOLD TOWN BOARD area, that being Io~nl only a~ the eost side of the existing build~ lng', and 4. There shall be no enwance ~ay~' between the gasoline snles are~ of the building to the convenience' store area...~ Pmp~ly is eslabllsbed as a gasoline service station with accessor] con- venlence sales. Location of pmpel~y: 7400 Main Read. Mattitack (Lam~l School Disuict); County Parcel No.' 1000-122-7-1. ~ Zone: B-General: Buaineas. The Board of Appeals will at said time and place hear any and all persons STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK ) of Mattttuck, in ~ald County, being duly ~wom, say~ that he/she l~ Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck, in the Town of Southoid, County of Suffolk and State of New York, and that the Notice of which the annexed ia a printed copy, lam been regularly published in said NewBpaper once each week for ._.L_ weeks s~c~e~i~y, comm~ci~lng on the ~ day of APPEALS, a{ the Soudiold Town Hail or representatives desiting to be beant , CHRISTINA VOLINSKI 53095 Main Road. Southold. New: in the above mailer. Wtitlen commente ~o~ary Public. State of New Yo~k York 11971. on WEDNESDAY, may also he submiaod befov~ or during NO 5004~4 Pwlnoln~l thts hearing. If you w~sh to v:v~cw a Qualified in Suffolk the times specified below: file or need to request mom ,nforma- ~i$~iO~l ~mi~ No~mm~h~ ~. , Property.- NANCY DOUGLASS) Dated: September 25, 1995. r~cluesting a Variance under Amdie IlL BY ORDER OF THE SOUTHOLD , Section 100-32, based upon thc August TOWN BOABD OPAPPEALS NoIl~'y PlihlJc 16. 1995 Notice of Disapproval fTom GERARD P. GOEHRINGER Property location: 1145 Majors Pond- ~' day o~.~ LegalsT;. h~ baildipg), Orient; County Tax Location: N/S Pce?di¢ Bay Boulevard dwcllin& which is ploposed a r~duc- Map Panel No. 1000-25-3-3.L ~ known as 3~5 ~es~obian I~-. (Private tio~r ir~th~ side yard and bulkhead set- (continued from previous page) ..... 4-~7:42 p.m. AppL No. 4:342 --~ Right-of-Way.)/ Lam'el; County Tax backs~ Location Of Propegty: 4522 GEORGE and CAROL KRA~BEL Map Parcel~O. 1000-145-4..12.,I.~ , G~cet P~:onic Bay Boulevard. Laurel; · Road, Orient; County Tax Map parcel requesting a Variance undcr~Artlcle 6. 7:5~/p,m. Appl. No. 4~4~ -- CountyT~x. Map Pa~ce! No. 1000-128- No. 10~0-26-2-39.1; also known aa Lot HIA~ Section IO0-30A.3 for~ permis- JERAI~MOTY~CORP. {IkP~4a SLr(q~. .4-19. 3 on the Map ofWillowTerrace Farms. sion to locate new d~lling with SET/g/OTEL) requesting a V~ianca 8. 8:05 p.m.' AppL No. 4344 -- Inc., Suffolk County File No. 9572. reduced setback f~m the westerly under,Article XXIV;Section 100-243A . BERNARD FISHER requesting a Zone:R-80 Residential propertylinewhi~hencompassesapfi~- & B, based upotr the September 7, ' 2. 7:35 p.m. Appl. No. 4338 -- varianceunderArdnlellI, Seodon 100- rate fight-of-way casement. Pmpcnx'y 1995 Notice of Disapproval issued by 32, ba.~edwpontheScptemher 18, 1995 WILLIAM J. WAGNER requesting a location: 7285 Peconie Bay Boulevard, the Building Inspector, for permission Notice of Dlsapproyal issued by the Variance under Article ltl, section I00- Lamel, NY; County Tax Map Parcel to reestablish preexisting nonconform-. Building Inspector, for permission to 32, based upon the June 16, 1995 No. 1000-126-10-1.$: R-40 Zone lng ¢fficieacy apartments use in the Iocat* proposed dwclgng with reduced Notice of Disapproval from the Dis~ct, existing footprint ot~ tbis preexisting side yards on this 2.96~ ac~ parcel, Building Inspector for placement of a 5. 7:45 p.m. Appl. No. 4340 -- nonconforming building, portions of which parcel contains a nonconfonn- freestanding sign, as built, similar to JOSEPH and SUSAN GRILLO re- which were.reccntiy:damagsd by fire. lng lot width of 61,78 along New former preexisting sign in this R-40 questing a Variance under Arficl~ The property contains a nonconform- Suffolk Avenue, and slightly wider at Zone Dispel Location of Property: XXlll. Secfion ~00-231 forpetTnlSsion inglotsizcofls~thanfiveacresandls the building setback line. Property 7130 Main Road. East Marion; County to extend height of a portion of pro- located in the RRc Resort-Residential identification: 520 New Suffolk Tax Map ParceINo. 1000-31-6-6. pesed fence from4ftto6 ft. aiongthe Zone, Property location: 62005 C.R. AvCtlUe, Maeituck; County Parcel No. 3. 7:40 p.m, Appl, No. 4339 -- easterly edge of the applicant's land 48. Greeapot~ NY7 County Ta~ map 1000-114-12-4. Zone: R-80 (abutting GINA MAXWELL requesting a used as a private ftght-of-way, andthe Parc¢lNo. 1000-40-1-1. R-4OandHBzonesalongNewSuffnlk Variance under Article IliA, Section southerly end neat the entrance onto 7. 8:00 p.m. AppL No. 4343 -- Avenue). 100-30A.4, for permission to locate Pecouic Bay Boulevard for a height of HENRY and 'LINDA STElq~ENS 9. 8:10 p.m, AppL No. 4344 accessory storage shed in the required four feet, which will not conform to reClUesting a Variance under Article AMAC, 1NC. (SUKRU II.GIN) re- buZ~rltY-ard~aedpartly!n, tbesi.dcy,ard'as Section100-232B which soues that the IlIA Section 100-30A3 and Athcle uesdn a Variance for f qmred height shall not exceed 2 5 XXIII, Seouon 100-239 4B mmyard location and Article III feet ~v ' ' . based upon Conditions No. 3 and 4 of ZBA Sncdon 100-31B(3~)foraninercasco~ auo c mc average strect level the September 14 1995 Notce of' Determination rendered March 25, within an isoscclcs ffiangls having 30 Disapproval issued by he Bud n 1992 under A ttor~i 170 Orchard St. fformer ~i~t_~ ~-~ioa, ~ , rr' n mspecto_,,~pcnnn~tss ~,a~2?,n~,_,._;.~C.o~.~m~s:~ews~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 September 27, 1995 Mr. Gregg Fisher P.O. Box 645 East Marion, NY 11939-0645 Re: Appl. No. 4345 - Variance for Side Yard Reductions Dear Mr. Fisher: Please find enclosed a copy of the Legal Notice placed for publication thi.~ w~ek by our office. Someone who is familial- with the property is required to attend the public hearing if the applicants are not able to attend. ' Also, please find enclosed a "Notice of Hearing" which should be placed at this time either on a stake or other post facing the street where it can be easily seen by passersby. Over the next sevin-al days, it is expected that Beard Members will individually visit the area and view the property lines (and staking of the proposed construction). Once the poster has been placed, please complete the attached Confirmation of Posting and return it to our office either by mail or hnnd delivery for our update and permanent file. Please be sure to check the Notice to be sure it has not been removed by winds or other reasons. If it has been removed, let us know and we will furnish you with another notice. Just as a reminder, attached is a copy of the standards necessary for an "area variance" which should be addressed during the hearing for the record pertaining to setback variances of this nature. Very truly yours, F-~nclosures Town Law Amendments ~267b-3 Effective July 1, 1992: AREA VARIANCE is authorization by the ZBA for the use of land in a manner which is not allowed by the dimensional or topographical requirements of the applicable zoning code regulation. ~267(1) of Town Law. The new Statute no longer includes the term "practical difficulty" o~. any particular test, and now provides that ZBAs Consider two basic things: 1. the benefit to the applicant if the variance is granted; and 2. the detriment to the health, safety and general welfare of the neighborhood or community that would occur if the variance were to be granted. In balancing the interests above, ZBAs must also consider the following five factors for an AREA VAR/3aNCE: - 1. whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if granted; 2. whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance; 3. whether the area variance is substantial; 4. -whether the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and 5. whether the alleged difficulty was self-created, which consideration shall be relevant to the ZBA's decision but shall not preclude the granting of an area variance. Also, as part of the "balancing concept," the new Statute provides that: 6. the ZBA shall grant the minimum variance that it shall deem necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the co~Lu~unity. §267-b(3-c) of Town Law. Prepared by the Office of Southold Town Board of Appeals References: New York Town Law and Department of State EN-CONSULTANTS, INC 1329 NORTH SEA ROAD, SOUTHAMPTON, NEW YORK 11968 ENVIRONMENTAL SERVICES 516-283-6360 FAX NO. 516-283-6136 October 6, 1995 Town of Southold Zoning Board of Appeals Town Hall 53095 Main Road Southold, New York 11971 Re: Gregg Fisher Dear Sir/Madam: As per your request via Mr. Fisher, please find this letter as En-Consultants, Inc. stating that we are filing for the permits on the behalf of Mr. Fisher for the New York State Department of Environmental Conservation (DEC), and the Town of Southold Trustees. We do not have a decision as of yet, due to the fact that on this date, the DEC application was hand delivered, and the Town of Southold Trustees application was sent in. If we may be of further assistance to you or if you have any questions, please do not hesitate to call. Yours truly, Roy L. Haj~ President RI2.{/jd SUFFOLK CO HEALTH DEPT. APPROVAL H S. NO. MAP A~.EN~[~ - 9EPT ;2. ?,~ STATEMENT OF INTENT THE wATER SUPPLY AND SEWAGE DISPOSAL ·SYSTEMS FOR THIS RESIDENCE WILL CONfOrM TO THE STANDARDS OF TH~ SU~-F©LK CO DEPT Of HEALTH SERVICES. APPLICANT. SUFFOLK COUNTY DEPT. OF HEALTH- SERVICES -- FOR APPrOVaL FOR CONSTRUCTION ONLY DATE: -- H. S. rEF NO.: APPROVED: SUFFOLK CO TAX MAP DESIGNATION: DIST. SECT. E~I_OCK PCL. !O00 !; 4 1£ ~ OWNERS ADDRESS: TEL. ~'~-/' ~i'/I DEED: L. P. 'TEST HOLE ~ STAMP RODERICK VAN TUYL. GREEN~RT NEW YORK BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of BERNARD AND MARY FISHER as Contract Vendees CONFIRMATION OF POSTING being duly sworn, depose and say: That on the ~--~J...day of %~-~ , 1995, ! personally posted the property known as "520 New Suffolk Avenue, Mattituck, NY" by placing the Town's official poster Notice on the frog~t portion of the property facing the town street where it can easily bc seen, and that I have checked to be sure the poster has remained in place for at least seven days prior to the date of the public h~arh~g (date of hearing noted thereon to be held October 11, 1995.) Dated: October , 1995. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk September 21, 1995 Zoning Appeal Appl. No. 4345 - BERNARD FISHER Transmitted herewith is Zoning Appeal Appl. No. 4345 - BERNARD FISHER together with the Notice of Disapproval from the Building Department, the application for Building Permit, copy of property record cards, a survey map of the property, the Notices to Adjacent Property Owners, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, a copy of the deed, a copy of the Title Insurance, and a copy of a letter from Bernard & Mary Fisher authorizing Gregg Charles Fisher to act on their behalf dated September 16, 1995. Judith T. Terry Southold Town Clerk RFCGIVgD TOWN OF SOUTIIOLD, NEW YORK tSEP 2 1 ., ~ 'vD p, al,. ,ow. c,. TE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. .............. .~. .~..~ ~;.'%..~.. ....... at .......~..~,..: ............................ : .......... '~"*~ ............. 1, (We) ....~.. ......................... ~ ............ Street and Number Name of Appelloqt ~~ ~-~ ~ ~ '- ..~.....~.. .......... HEREBY APPEL TO Municipality Stole THE ZONING BOARD OF: APPEALS FROM TNE DE~ISION OF: TNE BUILDING INSPECTOR Obi API~LICATION FOR PERMIT NO ..................................... DATED ......... WHEREBY THE BUILDING INSPECTOR DENIED TO ..~.~_~.....~-..:::.~::~ ........ Name of Applicant for permit o, .............................................................. ~ireet d er Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY $.?...~.~.~......./~...~...~. '" Street /tiamlet / Use District an Zoning Map District 1000 Section \~,Block\~Lot ~-k<,.Current Owner ....................................... 7J]~i"~] ........... Prior Owner Mop No. . 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article ~\ \ Section ~Z)f~)~-~ ~-~ 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (~["A VARIANCE lo the Zoning Ordinance or Zoning Mop A VARIANCE due to lock of access (Stole of New York Town Low Chap. 62 Cons. L~ws Art. 16 Sec. 280A Subsection 3 ( 4. PREVIOUS APPEAL A previous appeal (has) ~]-~been made with respect to this decision 6f the Building Inspector or with respect to this properly. · Such appeal was ( ) request for o special permit ( ) request for a variance and was made in Appeal No ................................. Dated .................. : .......... , ........................................ REASON FOR APPEAL ( ) A Variance lo Secllon 280A Subsection 3 ( ) A VorJonce to Ihe Zoning OrdJnonce ( ) iS requested for Ihe reason that F~rm Z~I (Con, tipue on other side) REASON FQR 'A..PpEAL l,. ! Conl!nu~l I. STRICT APPLICATION OF THE ORDINANCE would produce practical ditficulties or unneces- sary HARDSHIP becouse 2. The hardship created is UNIQUE and is not shared by all properties alike in the Immediate vicinity o~ this property and in this use district because 3. The Variance would observe the spirit of Ihe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRIC--T' because STATE OF NEW YORK ) COUNTY OF ) -- '~l~noture JOYCE M. WILKIN$ Notary Publio, Stele of New York No. 4952246 Suffo k C0ont~ Term Exp,ires June 12, 19__~ To the Zoning Board of Appeals: Concerning Bernard Fisher's request for a variance for Mattituck property, District 1000 Section 114 Block 12 Lot 4, 520 New Suffolk Avenue. 1) A variance is requested for side lot minim~lm distallce requirements as well as minlm~lm width requirements because of the unique mature of thc property and the building hardships that generates. This is a flag lot shaped three acre parcel covered by over two acres of wetlands. The resulting 75 foot setback requirements from the wetlands by the DEC as well as the Southold Trustees, pushes the building envelope for this flag lot into the narrow "pole" shaped part of this property, where there is nevermore than 75 feet of width. 2) Strict applicaiion of either ordinance would produce practical difficulties as well as unncccessary hardships became it would make it virtually impossible to place any average sized dwelling, Thc R-80 zomug of 45 feet of side lot distance would leave a house barely 20 feet wide. My parents are retiring in Southold and require a ranch style, oue story home because of my mother's health and disabilities. 3) The hardships are unique and not shared by other properties in this district because the allowable area that can be built upon is much less than a R-80 zoning would seem to imply. 4) Thc variance would not change thc character of thc district became, qther than thc I-Iandy Panlxy al the end of New Suffolk Avenue, all properties in this area are single unit dwellings, most built decades ago, with buildings and outhufldings already placed close to existing property lines. BOARD OF APPEALS, TOWN OF SOUTHOLD In lhe Mailer or the Petition of : t3~'~he Board of Appeals of the Town of South'~o d : TO: NOTICE TO YOU ARE HEREBY GIVEN NOTICE: 1. Th.,a.~t-i'~-~b~e~.,!ntention of the undersigned to petition the Board nf Appeals of Ihe Town of Southold torequest a(~(Variance)~Special Exception) (Special Permit) (Other) [circle choicel 2. That the property which is the subject of tbe Petition is located adiacent to your property and is des- cribed as follows: ~'~-<~ r~_~__,_,.... ~..d~.~.._~,_\~,_,4_ ~-,r..._--~ '~ 3. That the property wbich is the subject of such Petition is located in the following zoning dislrict: t. 4 lhal h'~ soc. h ~elition,'the ond~signed will request tile following relief: $. Thai Ihe provisions of the Southold Town Zoning Code applicable t9 the relief sought by Ihe under- signed are Article ~\~ Sect/on ~C)C~ ~ ~ ~- I' ] Section g80-A, Ne~ York Town Law for appr0val of access over r~ght(s)-of-wa¥. ~. lhal within five days from the date hereof, a written Pelition requesting tile relief specified above will be filed in the Southoid Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 7G5-1809. 7. That before the relief sought may be granted, a public hearing must be held on tire matter by the Board of Appeals; that a notice of such hearing most be published al least five days prior to the date of sucb hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold al~d designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: )f~ i3~'(%~\~ I~f, i' , Petitioner Owners'Names: Po~ Office Address Tel. No. (~) ~) [Copy of sketch or purposes.] plan sl{owtng proposal to be attached for convenience NAM~ 'ICE ?~S Z La[ Rec Cet No l mamma (Se~ ee Z Rec~/ Certi No Insu (See Z /]DB EB7 Receipt forL Certified Ma/< No Insurance Covera e Fee STATE OF NEW YORK ) COUNTY OF SUFFOLK ) verse of. directed to each of Ihe above-named person~ names; lhat the addresses set opposite the names of said persons, the current assessment roll of Ihe Town of Southold; thai said Notic, rice at <~.~%~'~ ; Ihal said Notice:. (certit'ied) Ircgistcrcd) mail. Sworn to be.tore me this ~ I / day ~ -~c'~ . ,19 J Notary Public JOYCE M. WILKINS N~aW Public, State M N~ Y~ No. 4952246, Surfak ~ Term ~1~ Ju~ 1~ 1~ / (This side does not have Lo be completed on form Lransmitted to adjoining property owners.) TOWN OF $OUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL $OUTHOLD, N.Y. ! 1971 CERTIFICATE OF OCCUPANCY No..Z14113 Date .D..e.c.e..m~..e.r..2.3...., 19..8.5.. This CERTIFIES that the Lot Vacant 520 Suffolk ttit ck Location of Property .......... New Ave. Ma u House ~ Street Hamlet County Tax Map t, Section .... ~%~ ........ Block .... ~? .......... Lot. 004 Subdivision ....... ~ ..................... Filed Map t .......... Lot # ........... conforms substantially to the applicable provisions of the Zoning Code of the Tow~ of Southold. The premises are located in the A-Residential- Agricultural Zoned District and may be used for such uses as are presently authorized by the Zoning Code in such district subject to, however ~all of the requirements of the. Zoning Code. The certificate is issued to ...... EHLERS, LOUISE S. (owner, ~x~) of the aforesaid lot. Rev 1/85 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the s~bject premises and a description of their interests: (S~parate sheet ma,_be attached.) B. Is ~he su~jec~ premises listed on the real estate market ~or - ~al~o~ being shown to prospective buyers? { } Yes {~o D. 1. Are there any areas which contain wetland grasses? ~°.~ 2. Are the wetland areas shown on the map submitted with this application? ~ 3. Is the property bulkhea=ed between th~ wetlands area and the upland building area? ~ 4. If your property contains wetlan=s or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ~_~ E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ (If not applicable, state "N.A.") F. Are the_re any patios, concrete barriers, bulkheads or fen~_es which ~t and are not shuwn cn t_he survey maD that you a~ sLtbmitting? ~-qiD~ If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~ If yes, please submit.a copy of your building permit and map as approved by the Building Department. If nohe, please state. H. Do you or any co-owner als~ own other land close to this parcel? .~ If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ~ and proposed use %~-~-~.~ "x~-~ ~ ~.~_~% . autn~Crlz~d ~ignanure an~ Dat~ - 3/87, 10/901k § 97-13 WETLA. NDS § 9%13 TOWN __ The Town of Southold. TRUSTEES ~ The Board of Trustees of the Town of Sou~hold. [AAded /i-54/4 by L.L. No. 6-1984] ~N'DS [Amended 8-25-76 by r.r. No. 2-1976; 3-25- A. £'iDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with. or which border on. tidal water~, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to bank& boKs. salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal actien; (2) All banks, bogs. meadows, fiats and tidal marsh subject to such tides and upon which ~'ows or may i~row some or an}' of the following, salt ha}', black Kin.ss. saltworts, sea lavender, tall cordg-i-ass, high bush. cattails, ground~el, lXiarshrn,l!Ow ad law (3) 'B. All lfl,~d immediately udjacen~ ~ a tidal wetland as defined in Subsection A(2} and ly/ng within Seven- ty-five (75)'feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Fresh,voter wetlands" as defined in Article 24. Ti- tle I. § 2-1-0107. Subdivisions l(a) to l(d) inclusive. o£ the Environmen~.l Conservation Law of the State of New York: and (2) All rand immediatet? adjacent to a "freshwater wet- land.~ as defined in Subsection B(1) and lying with- in seventy-five (75) feet la,,d~vard of the most land- ward edge of a "freshwater wi~tland." 9705 z.:s.ss 7he.N-Y.$. Environmental Quality Review Ack -~,,~ of th~s :orm, and an enviro'nmen:al review will Ue'~-L- submission before a/%y action is taken. . y thl~ board project and de likely impacts of the action. It is not expected that (b) If any question has been answered ~es the project may be sig- (c) If all questions have been answered No ia is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change ~o =he project site or physically'alter more 2. Will =here be a major change to any unique or un~.sual land form on the site? Yes an eno%sting body of water? Yes 4. Will project have a potentially large impact on groundwater quality? __Yes 5. Will project significantly effect drainage flow ~o on adjacent sites~ .___Yes 6. Will project affect any threatened or endangered air qualiby ? Yes 8. Will project have a major effect on visual char- known to be important to the community? Yes ~ 9. Will project adversely impact .any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a criCical 10, Will project have a m~jor effect on existing or 11. Will project result in major traffic problems or 12. Will project regularly cause objectionable odors, 13. Will project have any impact on public health 14. Will project affect the existing community by period o_~= have a major negative effect on the project? · Yes' -- ~re~arer,s Signature: _~ ~" PROJECT a.D. NUMEER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNI, JSTED ACTIONS Only PART I--PROJECT INFORMATION ~o be comoleted by Ao~llcant or Project sDonsor) SEQR tO. DOES ACTION INVOLVE A _~.~M~IT APPROVAl- OR ~UNOING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY STATE OR LOCAl? 12. AS A RESULT OFOFPR~PR POSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? if the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessroent Form before proceeding with this assessment OVER 1 · (Continued on reverse side) e nsurance oration NATIONAL HFADQUARTERS Commitment No COMMITMENT FOR TITLE INSURANCE ...... Issued by LAWYERS TITLE INSURANCE CORPORATION C:F'iF'I'IF'IED TO: F'~iJI_ I-:fqq~Nl"FI ~ IN WIfNESS Wt EFF(')F lawyer~ ~'~tie Im, uranco Corporation has caused ils corporate name and seal lo be hy By Alhes[ l .u rs 'lille Insurance ( rporalion NATIONAL HEADQUARTERS RICHMOND. V~RGINIA CONDITIONS AND STIPULATIONS The term mortgage, whan used herein, shall incllJde deed of trust, trust deed, or other security instrument. If the proposed Insured has or acquires actual knowledge of any defect, lien. encumbrance, adverse claim or other realtor affecting the eslafe or interesl or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent thp Company is p~ejudiced Dy failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to tho Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse ciaim or othpr matter, the Company at its optio;~ may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Con- ditions and Stipulations 3 ~.iability of the Company under this Commitment shall be only to the named proposed Insured and such parties in- cluded under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred ~n reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate ex- ceptions shown in Schedule S, or (c) to acquire o.r create the estate or interest or mortgage thereon covered by this Commitmenl In no event shall such liability exceed the amount stated in Schedule A for the policy or policies com- mitted for and sHch liabilily is subject to the insuring provisions and the Conditions and Stipulations of the form of poficy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commilment except as expressly modified herein 4 Any action or actions or rights of aclion that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. CERTIFICATION PAGE TITLE NUMBER: LTP - 299 EFFECTIVE DATE: 7/20/95 FEE INSURANCE $ MORTGAGE INSURANCE $ PROPOSED INSURED: 54,450.00 BERNARD FISHER AND MARY FISHER MORTGAGEE: TITLE VESTED IN: LOUISE S. EHLERS, LOUISE STACEY AND BRUCE STACEY SOURCE OF TITLE BY DEED FROM Louise S. Ehlers dated 8/9/83 recorded 8/9/83 in Llber 9403 cp 27. STREET ADDRESS: New Suffolk Avenue, Mattituck TAX MAP DESIGNATION: D{~trict 1000, Section 114.00, Block 12.00, Lot 004.000 QUESTIONS CONCERNING THIS TITLE INSURANCE R~PORT, PLEASE CONTACT J]~ANNE ANSTETT, OFFICE MANAGER AT 516-369-0222 (FAX 516-369-4020) PECONIC ABSTRACT, INC., P.O. BOX 1267, 405 OSTRANDER AVENUE, RIVERHEAD, NEW YORK ]1901 ~q C [1 E D U I. E "A' D E S C R I P T I O N TITLE NUMBER: LTP 299 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a concrete monument set on the southerly side of New Suffolk Avenue at the northwesterly corner of land now or formerly of Ehlers and Stacey and the northeasterly corner of land now or formerly of Ehlers, being 542.15 feet easterly from the easterly side of Main Road; RUNNING THENCE along land now or formerly of Ehlers and Stacey, South 03 degrees 49 minutes 30 seconds East 286 feet to a concrete monument; THENCE continuing along said last mentioned land, and along land now or formerly of Tuthill and land now or formerly of Commissioner of Welfare, formerly of Hall, South 85 degrees 34 minutes 00 seconds East 265 feet; THENCE continuing along land now or formerly of Commissioner of Welfare, South 65 degrees 22 minutes 00 seconds East 100.11 feet to the southwesterly corner of land now or formerly of Bond and the northwesterly corner of land now or formerly of King; THENCE along said last mentioned land, South 34 degrees 22 minutes 30 seconds West 360.22 feet to the mid-point of a certain gutter leading to James Creek; THENCE along land now or formerly of Boutcher Estates, the following three courses and distances; 1. North 63 degrees 52 minutes 00 seconds West 257 feet to an iron pipe; 2. North 01 degrees 03 minutes 00 seconds West 361 feet to a concrete monument; 3. North 85 degrees 19 minutes 30 seconds West 10,22 feet to a concrete monument and other land of Ehlers; THENCE along said last mentioned land, North 46 degrees 53 minutes 40 seconds East 175.44 feet to a concrete monument set at the southerly side of New Suffolk Avenue; THENCE along said southerly side of New Suffolk Avenue, South 85 degrees 29 minutes 30 seconds East 61.78 feet to the polnt or place of BEGINNING. PE('()NI(~ Alt{Al'T, IN('. ,105(),~r;ut 'i'"R~'r,:'l '°P() I~ x 126/ Ni~cdle:,d, New Yolk IIqO1 t516) 36q 0222 FAX: (51(0 3(~~) 4020 P~dh'v is~,in~t n~tcnl fin: I u3yer$ tle Insurance ( rporation August 24, 1995 Paul Caminiti, Esq. P.O. Box 992 8outhold, NY 11971 RE: Title No. LTP - 299 Ehlers/Fisher Dear Mr. Caminiti: Please be advised that we have omitted exception number from the above captioned title report. Please make this JA:db CC: Dan Ross, Esq. letter parL_.o.~ your fi]e. ,'" Very tr~u y yours, / J~anne A~stett Office Manager 13 EXCEPTION PAGE TITLE NUMBER: LTP - 299 SCHEDULE B IN WHICH ARE SET FORTH THE ADDITIONAL MATTERS WHICH WILL APPEAR IN THE POLICY AS EXCEPTIONS FROM COVERAGE, UNLESS DISPOSED OF TO THE COMPANY'S SATISFACTION PRIOR TO THE CLOSING OR DELIVERY OF THE POLICY: 1. Taxes, tax liens, water rates, sewer rents and assessments set forth in schedule herein. 2. Mortgages returned herein ( 0 ). Detailed statement within. 3. Rights of tenants or persons in possession. 4. In the absence of a guaranteed survey, the exact location, courses and dimensions described in Schedule A herein will not be insured. 5. Any state of facts an accurate survey of the premises may disclose. 6. Any state of facts an inspection of the premises may disclose. 7. Identification must be provided at closing for all parties involved in transaction. 8. All personal checks submitted at the time of closing in excess of $500.00 must be certified funds. 9. Closing deed must contain a recital as to the grantor's source of title. 10. Contract of sale must be submitted for examination prior to or at closing. ll. Proof is required that Louise Ehlers has not been known by any other name within the past ten years. 12. Proof is required that Louise Stacey has not been known by any other name within the past ten years. 13. Application states tit~e is vested in Louise Ehlers, we find title in Louise Ehlers, Louise Stacey and Bruce Stacey. This must be explained prior to or at closing. TITLE NUMBER: MORTGAGOR: MORTGAGE LTP - 299 SCHEDULE MORTGAGEE: DATED: RECORDED: AMOUNT: $ LIBER NONE OF RECORD PAGE ASSIGNMENTS, IF ANY, OF RECORD: R~port prepared for PECONIC ABSTRACT Title No. LTP299 T. he unpaid taxes, water rates, assessments and other matters relating to taxes which are liens at the date of th~s certificate are set forth below. Our policy does not insure against such items which have not become a lien up to the date of the policy or installments due after the date of the policy. Neither our tax search nor our policy covers any part of streets on which the premises to be in- sured abut. If the tax lots above mentioned cover more or less than the premises under ex- amination, this fact will be noted herein. In such cases, the interested parties should take the necessary steps to make the tax map conform to the description to be ,nsured. TOWN OF SOUTHOLD MATTITUCK (NOT INC) SCHOOL DISTRICT 9 ASSESSED TO: EHLERS, LOUISE S. AND ORS N X SUFF AV - HARDING E X FEILER-EHLERS S X A W BOUTCHER W X TOMS DREAM - ANO. PROPERTY CLASS 311 2.96 ACRE 1000-114.00-12.00-004.000 NEW SUFFOLK AVE ASSESSED VALUE 1,200/1,200 NON-EXEMPT 1994/95 TOWN AND SCHOOL TAXES---TOTAL $743.50 1ST HALF $371.75 PAID 1/03/95 DUE: 01/10 2ND HALF $371.75 PAID 5/15/95 DUE: 05/31 PRIOR TOWN AND SCHOOL TAXES PAID. *WATER AND SEWER CHARGES, IF ANY NOT SEARCHED. RUN DATE: 8/09/1995 SUBJECT TO CONTINUATION SUNRISE RESEARCH CORP. 53 Brookfield Rd. Upper Montclair NJ 07043 201-746-0728 September 16, 1995 Board of Appeals Town of Southold Southold N Y 11971 To whom it may concern: Bernard and Mary Fisher hereby give complete authorization to Greg§ Charles Fisher of 1730 Old Orchard Rd., East Marion, NY, 11939, 516-477-2171, to act on our behalf before the Southold Board of ApE als. He has complete authorization to act in all matters relating to the property on New Suffolk Ave., Mattituck, tax map ~1000-114-12-4,5. Bernard Fisher NY, Mary Fisher NOTARY PUBLIC OF NEW JERSEY M~ Commlssio~ Expires May 10~'1999 WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CO~TRACT FOR THE SALE AND PUBCI1ASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISIt"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens In the event of fire or casual~v loss before the title closing. Unless dllferent provision Is made in this contract, Section 5-1311 of the General Obligations La~, will apply. One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. CONTRACT OF SALE made as of the dayof u ~ u~,'/- ,1095 Addr~s: P.O. Box 121, Mattituck, New York hereinafter called "SELLER", who agrees to sell, and BERNARD FISHER and HARY FISHER Address: 53 Brookfield Road, Upper Montclair, NJ 07043 hereinafter called "PURCHASER", who agrees to buy: The pro.p, erty, Including all buildings and lmnrovemoots thereon (the "PREMISES") (more fully described on a separate page marked 'Schedule A") and also known as: r StrcotAddress. vacant land, Nattituck, NY Tax Map Designatlon: 1000 - 114 - 12 - 4 Together with SELLER'S interest, if any, In Streets and unpaid awards as set forth in Paragraph g. · pec,Hc,lly exolud,t ~,l~ s~ZL'~-Yii"-gY ........ ~. v~..., ........... :: =:- :'-' :="--'-::-':=--- ~':'-?- '--'-: -"?--":.-'-' ..... I_~, · at~ t they as~ paid for and owned by SELLER free~l~sn the EXISTING MORTGAGE(S). They Include but are not limited to ting nnd cooking fixtures, washl,~.,'~an ooxes~w~e.a ,,o~..~ 'a,--_~ ~.,p._Umps, shrubbery, fencing, outdoor statuary, tool sheds, dlshwasbers, ~,.~, gar0age disposal units, ranges, refrigerators, freezers, alt condltlonln '~'"'"~"~e w-_?. :,z.-~:L~ng. ' ' . g equipment and VACANT LAND Excluded from this sale are: Furniture and household furnishings, 1. a. The purchase price Is payable as follows: On the signing of this contract, by check subject to collection: By allowance for the principal amount still unpaid nn EXISTING MORTGAGE(S): ' By a Purchase Money Note and Mortgage from PURCHASER (or assigns) to SELLER: BALANCE AT CLOSING: $ 54,450.00 5,445.00 $-0- $-0- 48,905.00 Acceptable Fonds: Title Company Approval. Form a~ Deed Closing Date and Place: for I~'~"'~ ~ich reduce the tha~bly correct and .d. If there is a ge escrow account that is maintained for the purpose of pa in taxes or insur ass~y etc., SELLER shah Mortgage now in the unpaid principal amount of $ per cent P~-II'~s'~ which~ ' , SELLER hereby states that no EXISTING MORTGACE contains any provision that permits the holder of the mortgage to require its immediate payment in full or to change any other term thereof by reason of the fact of CLOSING. 3. All money payable under this contract, unless otherwise specified, shall be either: a. Cash, but not over one thousand ($I,000.00) Dollars, b. Cood certified check of PURCHASER, or official check of any hank, savings hank, trust eom any, or savings and loan n~colation having a banking office In the State of New York, nayable to the order of SELLER, or to t~-s order of PURCHASER nn~tdnsdn~/.y endorsed by PURCHASER (if an Individual) to tm; order of SELLER in the presence of SELLER or SELLER'S c. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PURCHASER up to the amount of FIVE HUNDRED ............................. ($ 500.00 ........ =) dollars, or d. Az otherwise agreed to in writing by SELLER or SELLER'S attorney. 4. The PREMISES are to be transferred subject to: a. Laws and governmental regulations that affect the use and maintenance of the PBEMISES, provided that they are not violated by the buildings and Improvemen~ erected on the PREMISES. b. Consents for the erection of nny structures on, under or above any street~ on which the PREMISES abut. e. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any strect or highway. 5. SELLEBshallgtveand'PURCHASERshelacoeptsuchitleas any New York licensed title company . will be willing to approve and insure in accordance with their standard form of title policy, subject only to the matters provide~ for in this contract. 8. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this contract, Including the payment of the purchase price to SELLER, end the delivery to PURCHASER of a bsoar_g.a_i.n ~. s.al,.e deed. w,/. covenants against grantor's~.~l~ in proper statutory form for recordin as to rrnnster mn ownersnlp (tee slmvle tltle~ to the PREMISIng: t.~_ _t .~_~.e~t L , g If SELLER is n corporation, It will deliver to PURCHASER nt the time of CLOSING (a) n resolution of its Board of Dl~ctors authorizing the sale and delivery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution '*nd setting forth fac~s showing that Eh~ t/'illigf6r is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain e recital sufficient to establish compliance with that section. 7. CLOSING wtll take place at the offlce of Keegan & Keegan, L.L.P. or lenderls attorney at 2:00 o'clockon or about ~00&[~. ,~rT~- ,i~- App. O~vat:~ , 8. PURCHASER hereby states the PURCHASER has not dealt with any broker in connection with this sale other than COLDrdELL BANGER CELIC end SELLER agrees to pay the b~0~er the commission earned thereby ipursuant to separate agreement). and Ordevt: Omit q the Alto*vance for Unpaid Affidavit at to ]udgemeno, Deed ~anrfer and Recording Seller 't Conv~ LtmUaUon Condition Proper~j: Entire Agreement: 9, This sale Includes~l SELLER'S ownership and rights, if any, In a d I in i unpaid award by reason of any taldng by condemnation and/or for any damage to the PREMISES by reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCHASER may require to collect the award and damages. 10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty (30) days before CLOSING signed by the holder of each EXISTING MORTGAGE, in form for record ng, eertffyfn the amount of the unpa d principal and interest, date of maturity, and rate of interest. SELLER shall pay the fees for recording such certificate. If the holder of a mortgage is a bank or other instRut on as defined in Section 274-a, Real Property Law. it may, instead of the certificate, furnish an unqualif ed letter dated not more than thirty (30) days before CLOSING containing the same information. SELLER hereby states that any EXISTING MORTGAGE will not be in default at the time of CLOSING. 11. a. SELLER will comply with all notes or notices of violations of law or mun ctpal ordinances, orders or requirements noted in or issued by any governmental department having authorRv as to land _co__n_~,?,lons,af?ctlng. the PREMISES at the date heleof The PREMISI~S shall ~-~ '~-'--hr°-usin'g; buil.dl,ngs, fire, health and abet .p~ _o.vismo~ .sn.a.n survive CLOSING. SELLER shall furnish PURCHae~n -.,,t. .... ,,.a, ter.re~ tree ot them at CLOSING and this met coma disclose these matters. ,,~,, ,,,,tn any aumonzatloos necessary to make the searches 12. If at the time of CLOSING the PREMISES am affected by an as, se*smear which Is or may become payable in annual l~::llmmeenn~'s ............ .u uae .na are to de pa,o hy SELLER at CLOSING, I~anl~ ~h.e~fl..r.s~al__ns_t~all, ment I.s the~ a. lien: ,o.r has been paid, then for the purposes of th~ contract all the unpaid 13, The following are to apportioned as of midnight of the day before CLOSING: paxkgt for which assessed. (~} I',~i, I[ ~' .... h _;_ ..... .~.t -'ny. ~-~ _%'2'3.':: I_LC, Od the basis of tbel.~ef~n If CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. 14. If there be a water meter on the PREMISES, SELLER shall furnish a reading to a date not more than thirty (30) days before CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last reading. 15. SELLER has the option to credit PURCHASER as an adjustment of the urchnse f ' ~axes, assessments, water charges and sewer rents to--,~-~--..,,~- · . p . pr ce with the amount of an unpaid , naslness days after CLOSING ,,,-,,~n,~-~ ,~.., a[~;--la?~_"~l.~W]{~l any mterest ann penalties thereon to a date not less thaYn f v- , r ........... u,tc,m urns merefor computed to said date are produced at CLOSING I e (5) 10. II there is anything else affecting the sale which SELLER is obi/gated to pay and discharge at CLOSING, SELLER may use an portion of the balance of the purchase price to discharge It. As an alternative SELLER may deposit money with the title insurance company employed by PURCHASER and required by it to assure its discharge; but hal if the company wtll Insure PURCHASER'S title clear of the ma'~ .... , ......... Y title insurance ........ ,~,,re agamss ~ts emorcoment out of the PREMISES. Upon request, made within a reasonable time before CLOSING, the PURCHASER agrees Id provide separate certified checks as requested to assist in clearing up these matters. 17. If a tide examination discloses Judginents, banh'uptcles or other returns against persons having names the same as or asl;illans~ ts~Lth/~ORf' SELLER, SELLER shall deliver a satisfactory deta/led affidavit at CLOSING shOwing that they are not 18. At CLOSING, SELLER shall deliver a certified cheek payable to the order of the appropriate State, City or County officer in the amount of any applicable transfer and/or recording tax payable by mason of the delivery or recording of the deed, together with any required tax return. PURCHASER agrees to duly complete the tax return and to tax return to be delivered to the appropriate officer promptly after CLOSING. cause the check(s) end the lg. All money paid on account of this contract, and the reasonable expenses of examination of the title to the PREMISES and of any survey and survey Inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. 20. If SELLER is unable to transfer title to PURCHASER In accordance w th this contract, SELLER'S sole liability shall be to refund all money paid on account of this contract, p us all charges made for: (i) examining the title, (I0 any appropriate additional searches made In accordance with this contract, and (iii su a and payment this contract shall be eensidered cancel ed ,4 .,o ,i..! c~r~ ~nd su_.t~?_ Inspection charges. Upon such refund against the other. I , an ............... ri nor roltCHASER shall have any further rights 21. PURCHASER has Inspected the buildings on the PREMISES and the personal property Included in this sale and i~ ~alnted with their condition. PURCHASER agrees to purchase them "as is" and in their present condition. to reasonable Use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have the right, afler reasonable notice lo SELLER, to inspect them before CLOSING. 22. All prior understandings and agreements between SELLER and PURCIIASER are merged in this contract. It completely expresses their full agreement. It has been entered into after full Investigation, neither party relying upon any statements made by anyone else that is not set forth in this contract. 23. This contract may not~ll~e changed or cancelled except In writing. The contract shall also apply to and bind the dlstrtbutees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby authorize their attorneys to agt~-e In writing to any changes In dates and time periods provided for In this contract. 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may require it. SEE ANNEXED RIDER t Presence Of: / _ [ / Notar~ Pu0,c, State of New York No. 4510864 Qualifleg In Na,sau County Com~, expires ~ June ~ BERNARD FISHER, Purchaser S~R, P~rchaser Closing of title under the within contract Is hereby adjourned to 19 at o'clock at , ; title to be closed and all adjustments to be made as of 19 Dated, 19 For value received, the within contract and all the right, title and Interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all oblJgat!ons of the purchaser thereunder. Dated, ' 19 Assignee o] Purchaser Title No. (gantrart nf ,ale Section Block Street Numbered Address PREMISES Recorded at Bequest ol RETURN BY MAIL TO: Distributed by CHICAGO TITLE INSURANCE COMPANY Zip No. RIDER ANNEXED TO AND FORMING A PART OF CONTRACT BETWEEN SELLER: LOUISE EHLERS PURCHASERS: BERNARD FISHER and MARY FISHER PREMISES: Vacant land, Mattituck, NY 1000- 114- 12-4 Notwithstanding anything herein contained to the contrary, it is agreed as follows: I. The premises are sold subject to covenants and restrictions, if any, of record, affecting said premises, which would not be violated by the construction of a one family residencetor by the occupancy thereof, and gas, electricity and telephone easements, if any, of record affecting said premises, lAS DEFINED IN Pa.r.9(e) below 2. The premises are sold subject to such state of facts as an accurate survey may show, provided that title is not thereby unmarketable. 3. The purchasers shall notify the sellers in advance of closing of any defects in title, and the sellers shall be entitled to a reasonable adjournment of the closing for the purpose of clearing such objections, but sellers shall have no obligation to incur any expense to clear any title exceptions. 4. Any action or proceeding arising out of this agreement shall be commenced and tried in the Supreme Court, Suffolk County, County Court, Suffolk County or District Court of Suffolk County, whichever shall be the lowest court having jurisdiction of the subject matter of the action, and in no other court. 5. The purchasers shall save the sellers harmless and indemnify the sellers fi.om any and all broker's commissions not referred to herein that may arise from the acts of purchasers or their representatives or that may be claimed against the sellers by, through or on account of any acts of the purchasers or their representatives, or all of these. The provisions of this clause shall survive delivery of the deed. 6. The down payment wilt be held in escrow by sellers' attorney until the closing of title. In the event there is a dispute between the parties whereby the release of escrow is in question, the escrow may be deposited into court and upon such deposit the escrowee shall be discharged and released fi.om further liability. Reasonable fees and expenses including but not limited to the cost of an index number or similar filing fees shall be reimbursed to the escrowee and the fund shall stand as security for such reimbursement. 7. This contract is not assignable by purchaser. 8. This contract is not to be considered to be binding and in effect until it has been fully executed by seller. 9. This contract is contingent upon the purchasers obtaining at their own cost and expense within six (_6) months from the date this contract is fully executed by the parties, the following: a) A title search reflecting single and separate ownership by the seller. b) Approval fi'om the Suffolk County Department of Health Services for well location and sanitary system for single family residence, without the necessity for a variance. c) Water report to determine whether the water is potable and meets the standards therefore set by the State, County, and any involved agency or Iocality,~or letter of water availabiligt from Water District. las to quality and quantityt,_4_ d) Approvals from Department of Environmental Conservation (DEC) and any agene~ol '~'/~- body having jurisdiction thereof for construction of a single family residence without the necessity for a variance or Court proceeding. e) Building permit from the Town of Southold for construction of a single family ranch style residence with deck and ground level basement entry. House to be at least 1,200 square feet deck on main level and to be constructed on upland portion of property, as depicted on attached plan. Nothing contained herein shall obligate the seller to incur any expense for a survey or to file and application with the above named agencies. Seller agrees, however, to execute the necessary consents to obtain said permits and/or survey upon purchaser providing same to Seller. It is understood, however, that ifa new survey is required for any application as set forth above, then the purchaser's time to obtain said permits or Certificate of Occupancy may be extended by the purchaser one time for purposes of obtaining a survey for an additional thirty (30) days from the end of said six (6) month period upon delivery ofa nonrefundable payment by purchasers to the seller one hundred twenty-five ($125.00) dollars. 10. Prior to the expirat on of the six (6) month period or thirty (30) extension provided for herein, if the permits and/or approvals have not been granted and purchasers' application is still pending, purchasers may extend their time to obtain said permits and approvals for a period not to exceed three (3) months from the expiration of the six (6) month or thirty (30) day period. Said extension shall be exercised in writing to seller's attorney and time will be of the essence with respect to the extended period within which to close title. In the event the application is denied or the pen'nit or approval not issued within such extended period, then, upon notification by purchaser to seller, the purchaser's down payment shall be returned to the purchasers minus $500.00 to be kept by seller and the contract shall be cancelled. 11. If the purchaser willfully defaults or willfully fails to carry out any of the provisions of this agreement, the seller can elect to cancel same and, retain all monies paid thereunder as liquidated damages, or in the alternative, the seller shall have the fight to bring a proceeding or action which he may deem necessary to protect his interest. ~ 12. Purchaser has been advised that there is a possible department of Health violation Il ca.us,e~, %see.p~.ge fr_cm an overflow cesspool o.n the property belonging to the adjacent ~/ II~ne~en~r tqon~.l~l and 6tyne Reeser, but that said seepage has been terr~orarily corrected II ~iL1 e covering of the overflo tank with additional soil. Purchaser upon closing of ~..c.e will be give a $500.00 credit towards the purchaser price and agrees to accept ~ c]~±e subject t~aidI condition. eURCH SE . . · s --ffffffffff SOCIAL SECURITY NUMBER Keegan & Keegan, L.L.P. 147 N. Ocean Avenue Patchogue, NY 11772 (516) 475-9400 SOCIAL SECURITY NUMBER rest:ehlers.r51 made AUGUST 9~ 19 83 LOUISE S. EHLERS, RESIDING AT 580 NEW SUFFOLK AVENUE, MATTITUcK~ NEW YORK 11952 DISTRICT SECTION PLOCK LOT 8 l/ part)' ~he first part, and LOUISE S. EHLERS, LOUISE STACEY AND BRUCE RESIDING AT 5BO NEW SUFFOLK AYENUE~ MATTITUOKi NEW YoRK 11952 ALL part)' of the second /,art, ~]tlllr~arfl! that t~ part)' o/ t~ first part, in consideration o[' No DOLLARS AND OO/1 CO law/ul ;;tone)' o! the United States, Dollars ($ paid by the part)· o! the second part, does hereby' rcmise, release aad quitclaim ttttlo the part)' of second part, thc heirs or $ltccessors and assigns o/the party' o/the second part [orever, all THAT CERTAIN PLOT~ PIECE OR PARCEL OF LAND~ WITH THE BUILDINGS AND IIZPROVE-- ~ttTE rHEit~ON E~EOT£Di SITUATE, ~YINO AND- BEING AT-~T*TITUsK~ TOWN OF SOUTHOLD, SUFFOLK COUNTy~ ~EW YORK~ BOUNDED AND DESOR{ gED AS ~E31NNI~G AT A CONCRETE MONUMENT SET ON TIIE'BOUTNERLY LINE OF i~W SUFFOLK AVENUE AT THE NORTRWESTERLY CORNER OF LAND OF THE ~ARTIES OF THE SECOND PART AND THE NORTHEASTERLy CORNER UP LAND OF TIlE PARTY OF THE FIRST PART) BEING 5~2.1~ FEET EASTERLY FROM THE EASTERLy LINE OF ~AIN ROAD~ HUNNING TNENS~ ALONG SAID LAND OF THE PARTIES OF THE SECOND pART S. ~0 ~'~1 ~3.1Eo 286.0 FEET TO A OONORETE MONUMENT; TNENBE CONTINUING ALONG SAID LAND OF THE PARTIES OF THE SECOND PART~ ALONG LAND OF TUTR.ILL AND ALONG LAND OF THE COMMISSIONER OF WELFARE (FORMERLy HALL), So 85° ~1 E. 265.O FEET~ THENOE OONTINUING ALONG SAID LAND OF THE COMMISSIONER OF WELFARE~ S. 65° ~2! Eo 100,11 FEET U " ESTER y ooRNE, oF ,A.D OF Bo.D A.D T.E ~ 30"360.22 FEET TO THE MIc-POINT OF A OERTAIN GUTTER LEADING TO dAMES CREEK; THENCE ALONG LAND OF ~OUToItER ESTATEt THREE SOURSES AS FOLLOws: "~61,0 FEE; TO A ~ONcRETE UONUUENT; T,ENC£ (3) N. 850 19s ~0'* W, 10,22 FEET TO A CONCRETE MONUMENT AND OTHER LAND OF THE PARTY OF THE FIRST PART~ THENCE ALONG SAID OTHER LAND OF THE PARTY OF THE FIRST PART~ ~. ~u ~I ~OII El 175,A~ FEET TO A CONORETE MONUMENT SET ON THE SOUTHERLy LINE OF NEW SUFFOLK AVENUE; THENCE ALONG SAID SOUTNERLY LINE~ S. 850 29I 30,t E. 61.78 FEET To THE POINT OF BEGINNING. CONTAINING 2-962 ACRES. E~EING AND INTERDED TO BE TNE SAME PREMISES CONVEYED TO THE PARTY OF' THE FIRST PART BY DEED DATED ~AY ~O~ 197~ AND RECORDED IN THE SUFFOLK COUNTY' CLERKIs OFFICE IN LIBER 8469 or DEEDS AT PAGE 38/+. "(1 ) N. 630 52' I¥. 257.0 FEET TO AN IRON PIPE; THENOE (2) N. 1° O3' W "?ar~, 'ray / ", ,' t' f'l n fl I' q J. I ELh,.,- UI.ERK OF SUFFOLK COUN] ¥ ~ll~PI~gr with the appurtenandcs and all the estate and rights o! the party o! the first ],art in m.l to said premises, ,~n ~an~ 'auh,~ ~lh the premises herein geanted unto.the pdrt$ ~ tI~ ~edond part, tho heirs or sr~cessors and assigns o] t~ party o] the second part [orever. . ~, ~ the ~arty O[rt~, first part, ~co~plia~e.with Section 13 o] t~ Lie~ Law,, covenants that tb~ party o[ th~ ~rst parf will receive t~ fonsideration ,Jar this conveyance and will, hqld t]~e ri ~ht to .ecezve' s~ .... con*iderat~ntas mtrust fund to ~,a applied :first ]or ~ purpose. Ao/ ~aying tlm co~t. ., ([.. F.II ~provement and will apply the same first to the payment o/the cost o/t~ ~mprovement ~e/ore u~mg ~ny ~ar~ o~ the to~l o/ t~same./or any ot~r purpose. v ~ 'T~ word"party" ahhll be constraed as i/it ~ea~ "parttes'~'~heaeve~ the sease 'a] 'this indenture fir$t df~cve written. - - STATE OF NEW ~¥ORK. COUNTY OF On ....f',qQO'~'l -- . lg, · before ~ne per. re~d*sat No.L'''q ~"W -' ': "v-~.~T' ~X depon,e~t is. F 1 o~ ~ ' th4 corporat ~ described m ~d co~porat~on; {hat Ihs ~a affiye~ to said instr~ne~ i, ~, corporate ~l; thkt it' was soI affixed by order o[ he-~ rd STATE;Of i~EW' YORK. Co~UNTY OF -SO#roL K to m~ kno~[to be the indifi&l] I described in0 and wh~ cut~a ,h, foregol.s Instrument, and ac~wledged~,~ 8 5 DI[ KIIIFSI Commlssm F~ p,re$ M a~ch