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Home My WebLink About4166 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4166. Upon application of ROBERT W. ALCUS. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk Schedule) for approval of an existing deck around existing accessory swimmingpool {which pool structure has received a Certificate of Occupancy under No. 14664 and Building Permit No. 13046 dated 6/17/84}. Variance is required since all structures have a total lot coverage over 20% of the total lot area. Subject premises is nonconforming as to total lot area and width in this R-40 Low-Density Zone District and is shown on the Map of Indian Neck Park as Lot No. 8; also shown on the Suffolk County Tax Maps as District 1000, Section 98, Block 4, Lot 4. Street Address: 335 Smith Road, Peconic, NY. WHEREAS, a public hearing was held and concluded on May 20, 1993; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. This application is for a variance from the lot coverage requirements for the deck area which presently existing around the inground swimmingpool, which is located as a detched, accessory structure in the rear yard with a setback at three feet from the southerly side property line and easterly rear property line. 2. For the record, it is noted: (a) the existing swimmingpool with fence enclosure was constructed pursuant to a April 17, 1984 Building Permit (No. 13046); the open deck area around the pool is not shown on Page 2 - Appl. No~ ~166 Matter of ROBERT W. ALCUS and others Decision Rendered May 20, 1993 this building permit record and is not flush to the natural grade of the back yard; (b) the property was recently the subject of a sale pursuant to a Contract dated January 1993 between Robert and Patricia Alcus and Jay W. and Joan Feldman; escrow monies have been put aside by the applicants pending the outcome of the building permit and variance determinations; (c) the construction proposed will not be closer than 35 feet from the front property line; (d) the fence enclosure as approved under BUilding Permit No. 13046 issued April 17, 1984 includes the ground area which is now the deck area (above grade); (e) Section 100-33 pertaining to accessory buildings structures and accessory uses provide for location in the required rear yard with a setback at three feet on lots containing up to 20,000 square feet. 3. It is the position of this Board in considering this application that: (a) the circumstances are Unique to the property and are not personal in nature; (b) the relief requested is not substantial with a total lot coverage for all buildings/structures 'at 2,484 square feet, with a variance of approximately three (3%) percent of the total lot area (which is approximately 11,500 sq. ft.); (c) the relief will not alter the essential character and is in harmony with the intent of zoning, and the deck area is within the same area of the permitted fence enclosure {mandated by law for safety reasons} around the inground swimmingpool; (d) there is no other method feasible for appellants to pursue other than a variance; (e) the benefit to applicant is minimal and will not create an undirable change in the character of the neighborhood or a detriment to nearby properties by the grant of the variance; (f) the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; ~age 3 - Appl. No. Matter of ROBERT W. ALCUS and others Decision Rendered May 20, 1993 (g) the deck which is the subject of this application is existing, after having been reduced in size to meet the setback requirement from the original design, and although the difficulties created may be considered self-created, this Board finds that this does not preclude the granting of the relief in light of all of the above findings. Accordingly, on motion by Chairman Goehringer, seconded by Member Dinizio, it was RESOLVED to GRANT approval of the deck area around the existing swimmingpool (within the existing fence enclosure) as applied with a setback of at least three feet from the side and rear property lines and lot coverage at 23 percent, as exists. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Doyen, Villa and Wilton. This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TOWN Cr.~K Town Clerk, Town of Southotd APPEALS BOARD MEI~BERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS 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 by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY~ MAY 20, 1993 commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4166 - ROBERT W. ALCUS. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk Schedule) for approval of an existing deck around existing accessory swimmingpool {which pool structure has received a Certificate of Occupancy under No. 14664 and Building Permit No. 13046 dated 6/17/84}. Variance is required since all structures have a total lot coverage over 20% of the lot area. Subject premises is nonconforming as to total lot area and width in this R-40 Low-Density Zone District and is shown on the Map of Indian Neck Park as Lot No. 8; also shown on the Suffolk County Tax Maps as District 1000, Section 98, Block 4, Lot 4. Street Address: 335 Smith Road, Peconic, NY. Page 2 - Notice o earings Southold Town Board of Appeals Regular Meeting of May 20, 1993 2. 7:35 p.m. Appl. No. 4167 - ETTORE PENNACCHIA and TOUCH OF VENICE RESTAURANT. Request for a Variance to the Zoning Ordinance, Article XIV, Section 100-101C(3) for permission to locate an off-premises-directional sign on property owned by Ester DiGioia, premises located in the Light Industrial (LI) Zone District, at the southeast corner of the intersection of Middle Road (County Road 48) and Lipco Road, Mattituck; County Tax Map No. 1000-141-3-18. 3. 7:40 p.m. Appl. No. 4165 - SANFORD H. and ELIZABETH M. FRIEMANN. Request for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition and deck addition with spa within 75 feet of the existing bulkhead at 1165 Old Harbor Road, County Tax Map Parcel No. 1000-117-3-8.4. located in the R-80 Zone District. New Suffolk, NY; Subject premises is 4. 7:45 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES, INC. (Owner). Appeal of the April 9, 1991 Notice of Disapproval from the Building Inspector, citing "...Article III, Section 100-13 - Definition Section of the Zoning Code pertaining to "hotel or motel transient, which says in part that there will be no cooking facilities." The s~bject premises previously had received a Special Exception under Appl. No. 3542 for motel units without maps or plans before ~he Board for individual Page 3 - Notice of~arings Southold Town Board of Appeals Regular Meeting of May 20, 1993 kitchenettes or dwelling uses. (The Special Exception use did not include approval for kitchenettes or dwelling uses}. Location of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-045-01-001 and 002 (now 2.1), containing approximately 7.5 acres. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please call 765-1809 or visit our office. Dated: April 30, 1993. BY ORDER OF THE SOUTh{OLD TOWN BOARD OF APPEALS GERAi~D P. GOEHRINGER CHAIRMAN By Linda Kowalski x TEL iqO. TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTtlOLD, N.Y, NOTICE OF DISAPPROVAL Apr 16.95 15:22 P.O1 Wantagh, New York ! 1793 PLEASE TAKE NOTICE din! your application d.~ted ~RIL l, · ''. ........................ 19 93 Street County Tax Map NO. 1000 S~ction ..... ~ Bio k 4 4 ....... c ...... ........ Lot .............. Subdivision ................. Filvd ~p No. r ............... Lot No .................. Is returned herewith and disapproved on the following grounds ............................... nIS~ic~s ~-~o zo~ o~ ~ zo~I~O .~. ~ ~ to~ o~ ACTION ~QUI~D aY i'~ ZONING ~ARD ~ ~P~S / ~lulng Inspoctor Date .. 6pril,. !~}, ............... ,19.9.3.,, ~v 1/80 RECEIVED TOWN OF SOUTHOLD, NEW yORK APR 3 0 APPEAL FROM DECISION OF BUILDING INSPECTOR /o,'~o P~/~I APPEAL NO. ~uthold Town CI~,~TE ......~..l.~..?../.~...~. TO THE ZONING BOARD OF APPEALS, TOWN OF $00TNOLD~ 'N. Y. ,, ,we) ~.~ .~.;....~ ~ ................. o, ..... ~.~..~..~......~~ ................. N(;'r~; of Appellant Street and Numl~r ~X,~,,~ ~ l~v~% ~ HEREBY APPEALTO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THEj ' / ~ ~ ~BUIL~DING INSPECTOR ON APPL,CAT,ON PaR PERM,T NO ..................................... DATED ..... ......... ( ) ( ) WHEREBY THE BUILDING INSPECTOR DENIED TO ..... ~y......~....:......n...~ .................... Name of Applicant for permit o, . ..~.~.~ ..................... ~..x ............ ~.~..~.¢..~ ...................... Street and Numb)er Municipa ii',/ ' ',tare PERMIT TO USE PERMIT FOR OCCUPANCY Street /Hamlet / Use District on Zoning Map ~D~?~s~!c~S~.e~c~!~n~?~B?~c~k~L~t~L~Curre~t Owner ~,/~-o~ ~)(/ Mop No. Lot No. Prior Owner '~'-~t~,C,~ b~,~q,/t, 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 Secti0nLot coverage of 20% a~ set forth in the h~lk ncheH~lm fmr residential districts R-40 3. TYPE OF APPEAL Appea~ is made herewith ~or (please check appropriate box) ~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to ~ack o~ access (State o~ New York Town Law Chap, 62 Cans. Laws Art. l d Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (Gbeen made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... ( ) is requested ~for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ~orm zm! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because J:~' ' ' SEE ATTACMMENT 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because Because other premises in the area are very similar but don't appear to have applicants problem. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The condition has existed in its present state for a number of years. The applicant never knew he was in violation of the ordinance and has tried to correct same upon being made aware of the violation. STATE OF NEW YORK ) OF/,~_ ) ss COUNTY ) Sworn tothis 2~L-~ dayof .............. ~ ~. No. 30-6565700 Qualified in Nnssau County C~mrnissian Expires k6nr.~ 30, ATTACHMENT FOR REASON A APPEAL No 1 The swimming pool deck would have to be removed. A substantial part of the deck has already been eliminated in an effort to comply with the ordinance. The removal of any more deck will severely interfere with the enjoyment of the property as it relates to the back yard and pool substantially decrease the value of the property. The variance is not substantial in that the deck is only about 266 square feet over the amount allowed. Applicant has contracted to sell the premises and the denial of the variance will adversely affect the outcome of that sale. It makes no esthetic or economic sense to further diminish the deck. It is a problem only due to the fact that the lot upon which it sets is small (100 x 110) having been created prior to Zoning, to wit it is part of a filed map dated 5/27/1913. To deny the application would unfairly deny any owner of the property the enjoyment he or she should be entitled to with the ownership of a home. Owner is upgrading the use of the property. TOWN OF sOUTHOLIP~KOPERTY RECORD CARD ~[~ OWN ER , -' LAND IMP. .2300 TOTAL FARM DATE VILLAGE BUILDING CONDITION .BELOw NORMAL Farm Acre Value Per Acre Tillable I Tillable 2 Tillable 3 Woodland Swampland 3rushland ~ DISTRICT LOT ACREAGE .,,.,~,.C ? SUB. TYPE OF BUILDING -louse Plot J'otal Value DOCK FRONTAGE ON ROAD /O O ,~ //D ~-(.~ ~,.- .-- ~0~ BULKHEAD FRONTAGE ON WATER ABOVE Est. Mkt. Value ./ Extension I~, X,i~' -~ 1'71 ~P~O ~/:~rf ~sement ~"/' Floors Extension Ext. Walls '.0, o ~ ~ ~ Interior Finish ~tension Fire Place ~ / ~ .I Heat . /~ Po~h R~f T~e '.~c,~ ~ ~ ~ ~ ~-~' ~ / ~-'' _~ ~, Porch Roo~ 1st Flor Breezeway Patio R~ms 2nd Flor Garage Driveway Dormer O. ~ ,~.~ I~ ~ ,I APPEAI~ BOARD MEMBERS Gersrd P. Goehr~nger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Eichard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 26, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Rudolph H. Bruer, Esq. Main Road P.O. Box 1466 Southold, NY 11971-1466 Re: Appl. No. 4166 - Robert W. Alcus and Others Dear Rudy: Enclosed please find a copy of the findings and determination rendered by the Board of Appeals at our May 20, 1993 Regular Meeting. Please be sure to return to the Town Building Department and any other agency which may have jurisdiction in this project for issuance of all permit(s) or other approvals. We have furnished copies of this approval to the Building Department for their update and permanent recordkeeping concerning its issuance of the April 15, 1993 Notice of Disapproval. Very truly yours, ~walski Enclosure Copy of Decision to: Building Department Present: PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD May 20, 1993 (7:30 p.m. Hearings Commenced) HON. GERARD p. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 APPLN. NO. NAME BOARD OF APPEALS TOWN OF SOUTHOLD I N D E X SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pages 4166 4167 4165 4039 ROBERT W. ALCUS. ETTORE PENNACCHIA and TOUCH OF VENICE RESTAURANT SANFORD H. and ELIZABETH M. FRIEMANN CLIFFSIDE ASSOCIATES, INC. .2-5 6-9 10-13 14-43 APPLICATION NO. 4166 - ROBERT W. ALCUS Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk Schedule) for approval of an existing deck around existing accessory swimming pool (which pool structure has received a Certificate of Occupancy under No. 14664 and Building Permit No. 13046 dated 6/17/84). Variance is required since all structures have a total lot coverage over 20% of the lot area. Subject premises is nonconforming as to total lot area and width in this R-40 Low-Density Zone District and is shown on the Map of Indian Neck Park as Lot No. 8; also shown on the Suffolk County Tax Maps as District 1000, Section 98, Block 4, Lot 4. Street Address: 335 Smith Road, Peconic, NY. 7:30 p.m. (The Chairman opened the Hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: We have a copy of a survey dated June 8, 1989, indicating the depth of the rear yard, which is approximately 26 feet from the'rear of the screened-in porch and indicating the pool and decking area around the pool. And we have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there someone who would like to be heard concerning the first hearing? Appearance: Rudolph H. Bruer, Esq. MR. BRUER: the Alcuses, Southold, N.Y.,for applicant I don't need the microphone. On behalf of I strongly request that the Board grant the ZBA Hearings 3 May 20, 1993 variance. The pool was put in there and Certificate of Occupancy was granted. Thereafter the decking was put in there --right around the same time. I am sure the Board has examined it. At the time the fence and pool, whatever, were put in there, apparently it encroached partially on the adjoining property to the rear. We only learned about it at such time as we made this application. We have corrected that oversight, if you want to call it that, the fence is back right on the line; the decking, a substantial part of the decking, has been removed. Pool equipment, everything is on-site on the property where it is supposed to be and where it was intended to be. My clients have assured me that it was done --back in 1983 they hired reputable local people to put in the pool and the deck, and they thought everything was done properly. They had gotten permits, and you notice they have the pool permit; the fence was put around it. Otherwise, you wouldn't have gotten the C.O. for it. If you recall, 1983, 1984 was a time where if you put decking flush with the ground, the interpretation of the Building Inspector was that it was not in violation of the 20% lot requirement; and a Building Permit wasn't required. I believethat is probably what the subcontractors had in mind when they put in the decking. I believe when I went there, I thought the decking was flush with the ground when the Inspector pointed out to me after a second review that it was not. I guess in some areas it is higher. The situation I think is ZBA Hearings OMay 20, 1993 quite unique, in that it was done in an area that is--I think the pool and decking is suited for that property, and I think it is called for. I think to remove the decking would be a hardship. As a matter of fact, it would be a financial hardship. The parties have conveyed the property to a Mr. Feldman; and if the variance is not granted, a substantial reduction or return of escrow is going to be forfeited to the purchaser in the sum of $4,000. THE CHAIRMAN: Is this when you found this, when the survey was done, and you found the deck over the property line? MR. BRUER: Yes. Well, when we went to get the CO's and make sure we had everything so we could complete the sale. And it wasn't with the bank because it was a private sale --we found that out and went to comply. We have the application there and hopefully it will be granted, and we can get the CO for the deck and complete the transfer. THE CHAIRMAN: Let'~ see if anybody has any con~nents. Does anybody in the audience have any comments pro or con concerning this hearing? (There was no response.) THE CHAIRMAN: Seeing none, any questions from Board members? per cent. MEMBER DINIZIO: .I got this figured out to be about 23 ZBA Hearings 5 May 20, 1993 something. for. THE CHAIRMAN: Yes. I figured 24 and a half or Any questions from anybody? (There was no response.) THE CHAIRMAN: I make a motion granting it as applied (Seconded and carried; see Clerk's minutes.) Edson and Bruer LEFFERT$ P. ED$ON ($16) 768-1212 (1912-1989) ($16) 76~ ~00 May llth, 1993 Board of Appeals Town Hail 53095 Main Road PO Box 1179 Southold, N.Y. 11971 ATT: Linda Kowaiski Re: Variance Alcus (Appl No 4166) Dear Linda As you requested in your letter dated May 06, 1993, please find the following information in reference to the above matter: 1. Main dwelling is .................. 787 sq. ft. 2. Porch is .............................. 344 sq. ft. 3. Deck and pool are .............. 1353 sq. ft. 4. Property is ......................... 11,087 sq ft. Please call me, should you have any questions. ,~gards, · Bruer / ~ RB/fg L/ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 6, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Read P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Rudolph H. Bruer, Esq. P.O. Box 1466 Southold, NY 11971 Re: Appl. No. 4166 - Robert and Patricia Alcus Dear Rudy: Please provide the calculations for the lot coverage requested for all buildings and structure(s) on the property in order that it may be distributed to the board members before the hearing date, which has been advertised for our May 20, 1993 Regular Meeting. A copy of the Legal Notice has been mailed to you under separate cover. Thank you. Very truly yours, Llnda Kowalski PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, l~ursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall 53095 Main Road, Southold New York 11971, on THURS DAY, MAY 20, 1993 commen- cing at the times specified below: 1.7:30 p.m. Appl. No. 4166 -- ROBERT W. ALCUS. re- quest for Variance to the Zon- ing Ordinance, Article IliA, Section 100-30A.3 (Bulk Schedule) for approval of an existing deck around existing accessory swimming pool/ {which pool structure has received a Certificate of cupancy under No. 14664 and Building Permit No. 13046 dated 6/17/84}. Varianc~ is re- quired since all structures have a total lot coverage over 20% of the lot area. Subject premises is nonconforming as to total lot area and width in this R-40 Low-Density Zone District and is shown on the Map of Indian Neck Park as Lot No. 8; also shown on the Suffolk County Tax Maps as District I000, Section 98, Bl0ck'4, Lot 4. Street Add,ss: 335 Sn~ith Road, Peconic, N.Y. 2. 7:35 p.m. Appl. Ncc 4167. ETTORE PENNACCHIA and TOUCH OF VENICE RESTAURANT. Requesi for a Variance to the Zoning Or- dinance, Article XIV, Section 100-I01C(3) for permission to locate an off-premises- Jirectional sign on property owned by Ester DiGioia, 3remises located in the Light Industrial (LI) Zone District, tt the southeast corner of the ntersection of Middle Road County Road 48) and Lipco %ad, Mattituck; County Tax Vlap No. 1000-141-3-18. 3.7:40 p.m. Appl. No. 4165 SANFORD H. and ~LIZABETH M. :RIEMANN. Request for a Cariance to the Zoning Or- finance, Article XXlI1, see- ion 100-239.4 for permission o construct addition and deck ~ddition with spa within 75[ NOTICE OF [eet of the existin'~ulkhead at ~ 1165 Old Harbor Road, New Suffolk, NY; County Tax Map Parcel No. 100-117-3-8.4. Sub- ject premises is located in th6 R-80 Zone District. 4. 7:45 p.m. Appl. No. 4039 - CLIFFS1DE ASSOCIATES, INC. (Owner). Appeal of the April 26, 1991 Notice of Disapproval from the Building Inspector, tiring "...Article III, Section 100-13 -- Definition Section of the Zoning Code pertaining to "hotel or motel transient, which says in part that there will be no cooking facilities:' The subject premises previously had received a Special Exception under Appll No. 3542 for motel units without maps or plans before the Board for in- dividual kitchenettes or dwell- ing uses. {The Special Excep- tion use did not include ap- proval for kitchenettes or dwelling uses}. Location of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000- 045-01-001 and 002 (now 2.1), containing approximately 7.5 acres. The Board of Appeals will at said time and place hear any and all persons or represen- tatives desiring to be heard in the above matters. Written comments may also be s.ub- mitted prior to the conclusion of the subject hearing. Each' hearing will not start before the times dqsignated above. If you wish to reView the files or need to request more informa- tion, please call 7~5-1809 or visit our office. April 30, 1993 Dated: BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ~ GERARD P. GOEHRINGER. CHAIRMAN , By Linda Kowalski ...: IX-5/6/93(15) COUNTY OF SUFFOLK STATE OF NEW YOP, K SSt · Patricia Wood,' being duly sworn, says that she is the Editor, o~ THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printe,d at Southold, in Suffolk County; and that the notice of whicb the annexed is a printed copy, ,has been ,pui*lishcd in said Long Island Traveler-Watcbm;m once t',~ch week for. /' weeks successively, corn nencing on the ........... ~ .......... ~wOJJI I()hoD)re ~llU this ~ day ct Notary Public ¢ARBhR^ A. SCHNEIDER NOI^RY PUBLIC, State ol Ne',v York No. 480~46 Qualified in SuIl01k Count)' CQmrnission Expires APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa PAchard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Copies of Legal Notice to the following 5/4/93: Mr. and Mrs. Sandy Friemann P.O. Box 968 Cutchogue, NY 11935 Mr. Kenneth Tedaldi P.O. Box 815 Quogue, NY 11959 (Re: Cliffside) Rudolph H. Bruer, Esq. P.O. Box 1466 Southold, NY 11971-1466 Richard T. Haefeli, Esq. 184 Main Street P.O. Box 1112 Westhampton Beach, NY SCOTT L. I-IABJ~S Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Ettore Pennacchia P.O. Box 1623 Mattituck, NY 11952 (Re: Arcus) (Re: Cliffside) 11978 (Re: Touch of Venice) (Hand Delivered to): Official Newspaper L.I. Traveler-Watchman, Traveler Street Southold, NY 11971 Inc. Copies to Board Chairman and Members, with copies of file contents as of 5/4/93. Original Legal Notice posted on Town Clerk Bulletin Board 5/4/93. Copies 5/4/93 to: Building Department Planning Board Office Town Attorney APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April S.'E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4]66 Project/Applicants: County Tax Map No. Location of Project: Robert W. Alcus 1000' 98-4-4 335 Smith Road, Peconic, NY SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 30, 1993 Relief Requested/Jurisdiction Before This Board in this Project: Existing deck addition to an existing accessory swimming pool which which exceeds the permitted lot coverage 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 $outhold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency'under SEQRA {Section 617.13(a) as amended February 14, 1990). Although this action is classified as Type II for this variance application, under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk April 30, 1993 Zoning Board of Appeals Appl. No. 4166 - ROBERT W. ALCUS Transmitted herewith is Zoning Board of Appeals App. No. 4166 - ROBERT W. ALTOS together with the Notice of Disapproval from the Building Department, the Notices to Adjacent Property Owners, a copy of the Property Survey, the Zoning Board of Appeal's Questionnaire, the Short Environmental Assessment Form, and a copy of the Contract of Sale. Judith T. Terry Southold Town Clerk ATTACHMENT FOR REASON A APPEAL No 1 The swimming pool deck would have to be removed. A substantial part of the deck has already been eliminated in an effort to comply with the ordinance. The removal of any more deck will severely interfere with the enjoyment of the property as it relates to the back yard and pool substantially decrease the value of the property. The variance is not substantial in that the deck is only about 266 square feet over the amount allowed. Applicant has contracted to sell the premises and the denial of the variance will adversely affect the outcome of that sale. It makes no esthetic or economic sense to further diminish the deck. It is a problem only due to the fact that the lot upon which it sets is small (100 x 110) having been created prior to Zoning, to wit it is part of a filed map dated 5/27/1913. To deny the application would unfairly deny any owner of the property the enjoyment he or she should be entitled to with the ownership of a home. Owner is upgrading the use of the property. PkOJECT I,D. NUMBER C'I s~?.2~ ~. SEQR Appendix C Slate Environmental Oualily Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only MunlclDalBy Southold ~ Cou.~ Suffolk PRECISE LO~T~ON (St~ mae imersectmns. ~~~ ~ ~mv~de ma~l ~ 335 Smith Road, Peconic New York 130 feet to'Indian Neck Road 5. IS PROPOSED ACTION: ~] New I~ ExDanslDn 6. 'DESCRIBE PROJECT BRIEFLY: Cons%ruct deck addition to swimming pool (as built) ?. AMOUNT OF LAND AFFECTED: ~ ~ . acres Ultimately -- _ acres SEE ATTACHED SURVEY 8. WILL PROPOSED ACTION COMPLy WITH EXISTING ZONING OR OTHER EXISTING LAND USE RE~~ J'-] Yes ~[No R' No, c~escrme 13rietly Deck addition 'to accessory swi,mmin~ pool exceeds the permitted lot Coverage of 20% 9. WHAT IS PRESENT L~NO USE IN VICINIty OF PROJECT? ~ - ~[Re$idefltial [-'] In¢lust;ial i~'] Comnle~'cial J'--~ AgriCull ui'e r'~ ParkJF°restlOpen space []Other tO. DOES ACTION iNVOLVE A PER STATE OR LOCAL)? MIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM AN~OTHER GOVERNMENTAL A~Cy (FEDERAL. [-] Yes ~[No If yes, list agency(si and permiuapprovals I I · DOES ANy ASPECT OF THE ACTION HAVE A CURRENTLy VALID PERMIT OR APPROVAL? [] Yes ;[~ No I.~ ye~. list agency name and permitlapl3;Oval t2. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] No ! CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS~LEDGE ApplicanllsDonsor name: Robert W. Alcus ~ea. and -ou~ ~ ~ . - ~[e agency, complete the Coastal Assessment Form ~efore roceedmg with this assessme I (Continued on reverse side) Z~ ~'/~S · W_ Alcu~ The N.Y.S. Environmental Quality Revi S~HORT ~NVTRONMENTAL ASSES~MEN? FO~! ~NSTRUCTIoNS. (a) In--order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. I~ is not expected that addi~onal studies, research or ot~er investigations will be undertaken. (b) If any question has been answered Yes th~ project may be sig- nlftcan= and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (~) E~vironmental Assessment .. I. Will project result in a large physical change to the project site or Physically alter more than 10 acres of land? 2. Will there be a major change to any unique or unusual land form on the site? ~Yes X No 3. Will project alter or have a large effect on an existing body of water? 4. Will project have a potentially large, impact on groundwa:er quality? 5. Will project significantly effect drainage flow ~Yes X.~NO plant Or animal species? ?. Will project result in a major adverse effect on~ ..__Yes X ~o 8. Will project have a major effect on visual char- environmental area by a local agency? ..._Yes X_~_NO 10. Will project have a m~jor effect on existing or ___Yes X___~o 11. Will project result in major traffic Problems or ___~es X ~o 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- 13. Will project have any impact on public health 14. Will project affect the existing community by ___Yes X____~o charact~ of the community or neighborhood? ,j,_No 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 subject premises and a description of their interests: (Separate sheet may be attached~) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? {~} Yes { } No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes {~} No 1. Are there any areas which contain wetland grasses? ~O 2. Are the wetland areas shown on the map submitted with this application? HO 3. Is the property bulkheaded between the wetlands area and the upland building area? ~Q 4. If your property contains wetlands or pond areas, have you contacted the Office of the TQ.wn 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 there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? .~Q If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? ~O If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? M0 If yes, please explain where or submit copies of deeds. I. Please list p%ese~ us~or operations parcel ~-~ ~o~L, _~uo~C(A proposed use o ~ u conducted at this and AuthOrized Sig~afUre and D~te ' - 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: ~'~ "~ TIDAL WETLANDS: (1) All lands generally covered or intermittently coy- ered with, or which border on. tidal waters, or lands lying beneath tidal waters, which at mean Iow tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs. salt marsh, swamps, meadows, fiats or other low lying ]ands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. Bo FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24. Ti- tie 1, § 24-0107. Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 a.aa.s5 ADAPTATION OF NYBTU form 8041 (Rev. 11/78) - Contract of Sale WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR TItE SALE AND PURCI IASE OF REAL ESTATE COMPLIES WI'Itt SECTION 5-702 OF 'HIE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR I~WYER BEFORE SIGNLNG IT. DATE NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event offire or casualty loss before the title closing. Unless diffcreut provisinn is made in this cootract, Section 5~1311 of the General Obligatioos Law will apply. One part of that law m~kes a purchaser responsible for fire mid casualty loss upon taking of title to or possession of the premises. CONTRACT OF SALE made as of dm day of :~ a~. 1991~ EETWEEN ROBERT ALCUS attd PATRICIA ALCUS, his wife Address: PREMISES: PERSONAL PROPERTY: hereinafter called "SELLER", who agrees to sell; Address: ~ · . ~ ~ ~, "PREMISES)more fully described on a separate page marked "Schedule A," and also ~own as: Street Address:SMITH ROAD Southold, NEW YORK, 11971 Tax Map Designation 1000- ~ - L]_/../ Together with SELLER'S Interest, if any, In streets and unpaid awards as set forth in Paragroph 9. The sale also includes all fixtures and srtleles of personal property attached to or used In connection with the PREMISES, unless specifically excluded below. SELLER states that they are paid for and owned by SELLER free and clear of any lien other than the EXISTING MORTGAGE(S). They include but are not limited to plumbing, heating, llghfing and cooking fixtures, bathroom and kitchen cabinets, mantelS, ~, ve.'n~4lm4~fld~-shad4~, screens, ~ ..-~r. bnhn~m~s storm doors, m-_!! b_':r.::, W_'et.k.:.- ':=---~.4~gp4de~pumplf, shrubbery, fencing, dishwasherS. 'ml~m~mndlhu~--~th:'. ~."~..~.~ger~keg: "!:~;::.' ::L':, range~, refrigerator)', f.-:::::':~ ~, and wall town0 cm'petlng, as is and only as now may be on the prem~'~ Excluded from this sale are: Furniture and household furnishings PURCHASE PRICE: 1. (a) The purchase price is: $13~000.00 Payable as follo~vs: On the signing of this contract, by check subject to collection: By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): By a Purchase Money Note and Mortgage from PURCHASER (or assigns) to SELLER: BALANCE AT CLOSING: $/.% $/2q/didO. o=, thc ;:r!o~ any EX~ST!NC ~O~TCA~E crc= t~ccg~ ~e EX~STLNC ~TC/.CE i: ::te=~:~ ~he =~:raey far SELLEP. PURCHA~gR :ha!! ~ay ~c ~r~gage =:erd!ag ~=:, =:er~ag fee: t~.e ~...ur.._ .glh~Flc-~-pay ........................ ]~ ............. s ........... .~amount-s ............ rograph4 EX~STING ........................ M ........ t-b .....veyed-sub~e~ .... he-~ontmmng-hen-o ..... ~g-g~, -- +'-,, ...... ACCEPTABLE FUNDS: req'-'.:.-: .::: .:= ,~e-2!=t: [:%'me.-.*. !-. f'a:: :r t= :~=~ge =".y ::~:r ::.-,-a :kc.-ecf by rz=:=~ =f ;~.: f-.:.~ cf 3. All money payable under this contract unless otherwise specified, sball be either: a. Cash, but not over one thousand ($1,000.00) dollars. b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company, or savings and loan association having a banking office in the State of New York payable to the order of the SELLER, or to the order of PURCtlASER and duly endorsed by PURCHASER (if an individual) to the order of Seller In the presence of seller or SELLER'S attorney. c. Money other than the purclmse price, imyable to SELLER at CLOSING, may be by check of PURCtlASER up to the amount of ($ $1,000.00 )dollars, or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney "SUBJECT TO" PROVISIONS: TITLE COMPANY APPROVAL: 4. The PREMISES are to be transferred subject to: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of any structures on, under or above any streets ou which the premises abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices if any upon any street or highway. d. covenants, restrictions, utility easements, filed maps, and agreements of records, if any.~c' e. any state of facts an accurate survey or personal inspection would show provided same does not render title unmarketable. 5. SELLER shall give and PURC~SER shall accept such title as any reputable title company doing business in Suffolk County ,a member of The New York Board of Title Unde~riters will be willing to approve and insure in accordance with their standard form of title policy; subject only to the matters provided for In this contract. CLOSING DEFINED AND FORM OF DEED 6. "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, and the delivery to Purchaser of a Bargain and Sale deed in proper statuory form far recording so as to transfer full ownership (fee simple title) to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law. If seller is a corporation, It will deliver to PURCIIASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing tile sale and delivery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of the corlmration certifying such resolution and settiug forth facts showing that the transfer is in conformity with the requirements of Section 909 of the business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that section. CLOSING DATE AND PLACE BROKER: agreement). 7. Closing will take place at the office of EDSON AND BRUER MAIN ROAD SOUTHOLD N.Y. at 11:00 AM o'clock on or about FEBRUARY 15, 1993 S. PURCHASER hereby states that PURCIIASER has not dealt with any braker In connection with this sale other than NO BROKER and SELLER agrees to pay the broker commission earned thereby (pursuant to separate STREETS AND ASSIGN MEN OF UNPAID AWARDS 9. This sale Includes all of SELLER'S osvnership and rights if any, in any land lying in the bed of any street or highway, opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes uny right of SELLER to any unpaid award by reason of any taking by condemnation and/or for any damage to tile PREMISES by reason of change 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. MORTGAGEE'S:I0. SELLER agrees to deliver to PURCIIASER at CLOSING a certificate dated not more than thirty (30) days before CERTIFICATE CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording, certifying the amount of the OR LETTER AS unpaid principal and interest, date of maturity, and rate of interest. TO EXISTING SELLER shall pay the fees for recording such certificate. If the holder of a mortgage is a bank or other Institution MORTGAGE(S) defined in Section 274a, Real Property Law, it may, instead of the certificate, furnish an unqualified 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 the CLOSING. COMPLIANCE WITH STATE AND MUNICIPAL DEPARTMENT VIOLATIONS 11. a. SELLER will comply with all notes or notices of violation of municipal ordinances, orders or requirements noted in or issued by any governmeutal department having authority as to lands, housing, buildings, fire, health and labor conditions affecting the PREMISES at the date hereof, The PREMISES shall be transferred free of tlmm at CLOSING and this provision shall not survive CLOSLNG. SELLER shall furnish PURCHASER with any authorization necessary to make the searches that could disclose these matters. AND ORDERS OMIT IF THE IS NOT IN THE CITY OF NEW: INSTALLMENT ASSESSMENT: APPORTION- MENTS: WATER METER READINGS ALLOWANCE FOR UNPAID TAXES, ETC.: USE OF PURCHASE PRICE TO PAY ENCUM BRANCHES: AFFIDAVIT AS TO JUDGMENTS BANKRUPT- CIES.: DEED TRANSFER AND RECORDING TAXES PURCHASER'S LIEN SELLER'S INABILITY TO CONVEY AND LIMITATION OF LIABILITY: CONDITION OF PROPERTY ENTIRE AGREEMENT: CHANGES MUST BE IN WRITING: SINGULAR ALSO MEANS tc CL~LqG-and pa.vah]Lrlfi muuey'~l~lilbbe-dtseharge~ b2.' ~Z:l ~ ~:~ at CLOSING 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in annual installments, and the first installment is then a lien, or has been paid, then for the purpose of this contract all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. 13. The following are to apportioned ns of midnight of the day before CLOSING: 4nsurontny~llclcs ,nd-.r~mm~,qdrlng lo CLOSINg(d) Taxes, water charges and sewer rents, on the basis of the lien period for which assessed. (e) Fuel, if any.(P~ Va::lt'-elmrg~-if-anyr 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 apportionment 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 days before CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last readings. 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid taxes, assessments, water charges and sewer rents, ~gether with any interest and penalties thereon to a date not less than five business days after CLOSING, provided that official bills thereafter computed to said date are produced at CLOSING. 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, SELLER may use any 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 the PURCHASER, required by it to assure its discharge, but only if the title insurance company will insure Purchaser's title clear of the matter or insure against its enforcement out of the PREMISES. Upon request made within a reasonable time before CLOSING, PURCHASER, agrees to provide separate certified checks as requested to assist in clearing up these matters. 17. If a title examination discloses judgments, bankruptcies or other retnrns against persons having names the same as or similar to that of the SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not against SELLER. 18. At CLOSING, SELLER shall deliver a certified check 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 reason of the delivery or recording of the deed, together with any required tax return. PURCHASER agrees to duly complete the tax return and to cause the check(s) and the tax return to be delivered to the appropriate officer promptly after CLOSING. 19. 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 ofthe contract by the PURCHASER. 20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER'S sole liability shall be to refund all money paid on account of this contract, plus all charges made for: (i) examining the title, (ii) any appropriate additional searches made in accordance with this contract, and (iii) survey and survey Inspection charges. Upon such refund and payment this contract shall be considered canceled, and neither SELLER nor PURCHASER shall have any further rights against the other. 21. PURCHASER has inspected the buildings on the PREMISES and the personal property Included in this sale and is thoroughly acquainted with their cenditiou. PURCHASER agrees to purchase tlmm"as is" and in their present coudition subject to reasonable use, wear and tear, and natural deterioration between now and CLOSING. PURCHASER shall have the right, after reasonable notice to SELLER, to inspect them before CLOSING. 22, All prior understandiug and agreements between SELLER and PURCHASER 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 are not set forth In tlds contract. This contract may not be changed or canceled except in writing. The contract shall also apply to and bind the distributees, heirs, executors, administrators, successors, and assigns of the respective parties. Each of the parties hereby authorize their attorneys to agree In writing to any changes in dates aud time periods provided for In this contract. 24. Any singular word or term herein shall also be read as in the plural whenever e sense of this contract may requir~~ the event he is threatened with litigation, to m~e~iff all interested parties in any court of competent jurisdiction and to deposit with tile clerk of such court all funds deposited with it hereunder, thereupon the escrow agent shall be fully relieved and discharged of any further responsibility hereunder. The escrow agent shall have no duty to invest any of the funds depdsited with him hereunder and shall not be responsible for any action or failure to act, unless such action demonstrates bad faith, of' 36. This contract is not assignable without tile written consent of the seller. 37. If the purchaser fails to complete the purchase of the premisegi~hout-fJae fault c, ,,ho-seller; the contract payment deposited by the purchaser shall be paid over to the seller as liquidated damages and neither party shall have any further rights, one against the other. 38. The violations of any covenant or restriction by existing improvements shall not be dec,ned an objection to title if the title company examining the title agree to insure that such ilnprovement may remain as long ads they shall stand in their present location. 39 Purch.a~r shall have the right to have t.,h~,e~premises inspected for the purpose of determining the existence of termite ~nfestat~o[~r other wood destroying ~nse~:~s*]or termite damage. The cost of smd inspection shall be borne by the / .... ~1 . . . purchaser. In the event termite ~nfestatm~r damage ~s found, a copy of the repo~ ~ssued by the ter~te company or other written notice shall be delivered to the Seller's attorney within ten (10) days from the dat~Upon receipt of such not ce by the seller's attornev,~elle[ ~v do one of the followbg: (a)treat the ~r~te condit on and repg[L~ damage at Us own cost and e~n~l~ w~h~b~c~ser agra[ ~~e t~,on pu;~ the fu~her terms hereoq or (b) terminate this contract by refunding the downpayment paid hereunder by Purchaser. Notice of Seller's intention to exercise either option shall be. mailed to ~]le purchaser's attorney within fifteen (15) days a~er receipt of the termite report or other written notice.'~¢? ~o~, ~ ' , , ~ , n .... / In Presence of: SStt SS# SS# AAA01BD4 ADDITIONAL RIDER TO CONTRACT OF SALE DATED: JANUARY , 1993 SELLERS: ROBERT AND PATRICIA ALCUS PURCHASERS: JAY W. AND JOAN FELDMAN 4--0. SELLERS represent that the 1992/93 real estate taxes for the premises are $2,186.11. 4--1. SELLERS represent that the septic system is in working order. 4~2. SELLERS represent that upon closing of title, PURCHASERS will be entitled to join the Indian Neck Park Association by paying annual dues of $50.00, which shall entitle PURCHASERS to beach and mooring rights. 43. In the event of any conflict or inconsistency between the terms of the printed form of this Contract and the terms of the Riders, the terms of the Riders shall govern. ROBERT ALCUS, Seller PATRICIA ALCU$, Seller '~ FELDMAN, Purchaser PLURAL: RIDER FORMING A PART HEREOF TO CONTRACT OF SALE 25. The violation of any covenant or restriction by existing improvements shall not be deemed an objection to title if the title company examining the title shall agree to insure that such improvements may remain as long as they shall stand in their present location. 26. The acceptance of the deed by the purchaser shall be deemed to constitute full performance ofevery agreement and obligation of the seller and no agreement, representation or warranty shall survive delivery of the deed unless such survival is specified in writing. 27. Tile Purchaser agrees to notify the seller, in writing/knot less than five (5) days before the date of the delivery of the deed, of any objections which there may then be to the title to said premises, and the seller shall have a time to remove such objections. ~Or v. adiler,'rt -Iv..gdl cSI a-llv cc'ecl 49c/// of %r- e " 28. If the seller is unable to convey title in accordance with this contract, the seller's only obligation shall be to refund promptly and with interest any payments made by the purchaser on account of the purchase price, together with the reasonable expenses actually incurred in the examination of title (not to exceed tile usual net charges ora title company doing business in the County of Suffolk for similar services where not title policy is issued) and the net cost of any survey made in connection therewith, and thereupon all rights and obligations hereunder by either party to the other shall cease and terminate and this contract shall be null and void. Notwithstanding the foregoing, the seller shall have the right (but not the obligation) to cure defects or objections to title which purchaser is not required to take subject to hereunder. Purchaser, however, without reduction or abatement of the full purchase price and without obligation upon the seller to expend any sum to remove any defect, may accept such title as seller may be able to convey, and in any case, acceptance of a deed by th~ purchaser sh011 be in f/411 satisfaction a,n,d disc, haggle o.1~ .a,l.l~o~b!i~Siops of_the contract i'[OUvC'~-e,/t ~O~U~ &O~TO~tf~t~ ¼~,VE~,K3 ~V\cLL~. Y_gt' ~fV~-t~ 29. Tile submission Of the foregoing instruments does not constitute an offer to sell. Tile property owner resewes the right, any time prior to seller's execution and delivery of the contract itself, to withdraw the property from the market or otherwise dispose of it. 30. It is expressly understood that the seller has not made and does not make any representations as to tile physical condition, operation or any other matter relating to the aforementioned premises, and is not bound by any statements, representations or information that may have been made to the purchasers by anyone pertaining to the premises herein. The purchasers hereby acknowledge that no representations have been made and they have personally made a thorough inspection of the premises, are familiar with the condition of same, accept same in their present condition "as is", less fair ware and tear, except that the plumbing heating and electrical systemyhall be in working order at the closing of titl.ej/ which representation shall not survive delivery of the ..d, eed c'Lf~ a(J~glia, t3c.~£ ~- 31. The premises shall be delivered vacan~n~brooln ~lean~t.t¥ qme of closlng. 32, Purchaser shall be emitled to inspect the subject premises~;~o~-eight (48) hours prioEto closing. 34. ~ri~r~ing, Seller will deliver a Ce~ificate of Occupancy, or a photocopy, covering all present st~ctur~dqu~mg same on the premises, provided the s~etures, additions and alterations were erected subsequent to the date t~at such ce~ificate was required by the municipality in which premises lie. If the town requirements for a enifica ~ re uire a su~ey, purchaser halI e vet sa~q to sel~er at purch~?er's expense. ~ 35.. The d~wn paz~ent hereunder sh~ll be held in escrow by ?e attorney for the seller, as escrow agent until closing of title or purchaser~efault hereunder in which event the deposit shall be delivered to the seller. In the event [hat the seller is in default, the down payment shall be delivered to the purchaser. The escrow agent shall not be required in any way to determine the validity of any notice or any other document delivered or required to be delivered hereunder. The escrow agent shall not be responsible to any office pa~ies hereto for any action or failure to act, u~ess such action demonstrates bad faith~he purchaser and the seller hereby authorize the escrow agent, in the event they become involved in any litigation by reason of this comract of sale, to deposit it with the clerk of the cou~ in which such litigation is pending, all funds delivered to the escrow agent hereunder and lhereupon, the escrow agent shall be fully relieved and discharged of any fu~her respo~?bilily hereunder. In addition, the escrow agent is hereby authorized, in ..... ............................................. ~ ..... · ~gONi~ &Y 11~5~ ~NTY OF SUFFOLK l~l~qReal Property Tax Service AgencyJ~~ 0 9 I ~'-II I ,,.,~...,, ~ ..... 'l~l 098 R-80 R-80 R-80 R -80' B0 A-C 'i LITTLe' BAY PEGONIG JUDITH T. TERRY, TOWN CLERK Town of Southold Southold, New York 11971 Phone: 516-765-1801 RECEIVED OF: ' ~ ~ [] CASH RECEIPT 0 4 6 7 0 8 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Robert W. Alcus to the Board of Appeals of the Town of Southold TO: Anne M. Werber c/o Francis J. Werber 171 Great Neck Rd Great Neck, New York 11021 : NOTICE : TO : ADJACENT Anita Moran PROPERTY OWNER Valerie Angeltllo Box 1259 235 Smith Road 148 Earl Street Peconic NY 11958 Westbury, NY 11590 YOU ARE HEREBY GIVEN NOTICE: 1. Th..ba~-it is~ntention of the undersigned to pethion the Board of Appeals of the Tow. of Southold t~requestt(Va6ance)~Special Exception)(Special Permit) (Other) [circle choice] 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: 33.5 Smith Road, Peconic New York SCTM# 1000-98-4-4 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That bt such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Section Lot coverase of 20% as set forth in the bulk schedule [ ] Section 280-A, New York Town Laf~rf~s~ ~s~ oR~e4~ right(s)-of-way] 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: 6/20/93 Petitioner Owners ' Names: Robert ~. Alcus c/o B~ue; Post Office Address P.O. Box 1466 Southold, N.Y. 11971 Tel. No. (516) 765 1222 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME P 283 754 0} ~- \ Receipt for Certified Mail No Insurance Coverage Provided Do not use for International Mail ~ita Moran STATE OF NEW YORK ) COUNTY OF SUFFOLK) PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS SS.: ADDRESS P 283 754 Receipt for Certified Mail No Insurance Coverage Provided (See Reverse) ~'Vaterie Angelillo 148 Earl Street Westbury, N.Y. 11590 P 283 754 07~k Receipt for C~rtified Mail N h~surance Coverage Provided ([ Reverse) Ann M. Werber C/O ~ra~cis ivyr'd~eat Neck Road Great Neck, N.Y. ~ r, 1 u r ~ R'I~U i p t ,~w I/~g~ ~7~l', Postmark o~ . b~inl d~ly s~orn, d~po~es ~ , d~po.~l mailed a lru~ copy of ~ 1021 /.~0 the re- verse side-h~reof, directed to each of the above-named persons at the addresses set opposite their reSpective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post (registered) ; that said Notices were mailed to each of said persons by Sworn to be?(ore~me this day of ~/~ ~ Notary Public (This side does not have to be completed on form transmitted tJ"adjoining property owners.}