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HomeMy WebLinkAbout4137GRONAU ~ KUR? ~$ 299 I?. Reydon Shores August 9, 1960 Southoldt NY Page 4 GRANTED permission to divide property into two lots~ Lots 20 through 24, Grove Drive, Reydon Shores, Southold. APPEALS BOARD MEMBERS Gerard R Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BO~I~DOFAPPEALS TOWN OFSOUTHOLD 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. 4137: Application for JANE C. PEACE appealing the October 19, 1992 Notice of Disapproval issued by the building inspector, for relief under Article IIIA, Section 100-30A.3 for the placement of a raised concrete patio extension with awning at a setback of less than the required 35 feet from the front property line along Reydon Drive. Location of Property: 40 Grove Drive at Intersection with Reydon Drive, Southold, Reydon Shores, Section H, Lot 23, 24 & 1/2 of 22; County Tax Map Parcel No. 1000-80-4-17.1. WHEREAS, a public hearing was held on November 9, 1992 and 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 as well as the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is located in the "R-40" Low-Density Residential Zone District and is a corner lot having a nonconforming lot area of 14,003 sq. ft.; (b) is identified on the Suffolk County Tax Maps as District 1000, Section 80, Block 4, Lot 17.1; (¢) is improved with a two-story frame house with rear deck and front concrete patio areas, all as shown on the survey plan prepared October 27, 1992 by Roderick VanTuyl, P.C., Land Surveyor. 2. The applicant requests relief for the construction of raised concrete patio area with awnings at the westerly side of Page 2 - Appl. No. 4137 Matter of JANE C. PEACE Decision Rendered November 9, 1992 the dwelling facing Reydon Drive. The setback requested is 25 feet, which is ten (10) feet closer than the required 35 feet. Areas which are flush with the ground are not defined as "building area" and do not require relief. 3. The property has two front yards and is unique in its configuration, general layout and location in this subdivision known as "Reydoy Shores, Section H." 4. The concrete patio area with awning located with a reduction to 25 feet to the westerly front property line, at its closest point, will not be adverse to the community, will not create a dangerous condition or interfere with the movement of traffic at this minor-street intersection. 5. The aesthetics of the front yard area will not be changed since its use will be limited to the landscaped front yard area. 6. In considering this application, the Board also finds: (a) that the relief, as conditionally noted below, will not be adverse to the essential character of the neighbor- hood; (b) that the relief, as conditionally noted below, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the relief herein will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) that the request is not unreasonable and is the minimum necessary under the circumstances; (e) interests of applied for. in considering all of the above factors, the justice will be served by granting the relief, as Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a variance for the construction of a raised concrete patio with awning with a setback at 25 feet at its closest point to the westerly front property line along Page 3 - Appl. No. 4137 Matter of JANE C. PEACE Decision Rendered November 9, 1992 Reydon Drive, as shown on the October 27, 1992 survey prepared by Roderick VanTuyl, P.C. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk GERARD P. -~OEHRINGER/CHAIRMAN / ~:v,'~ ,' AND FILED BY' ~.~..EIVED I tcw~t C~.'r , To'~vn ~' ' k o~ Sc 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 NOTICE OF 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, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, New York 11971, on MONDAY, NOVF24BER 9, times specified below: 53095 Main Road, Southold, 1992 commencing at the 1) 7:32 p.m. Appt. No. 4099 - Application.of CHARLENE EDWARDS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.A for approval of deck extension between existing deck and stairs along the bluff of the Long Island Sound. Location of Property: 880 Salt Marsh Lane, Peconic, NY; County Tax Map Parcel No. 1000-68-3-8.2. The size of this lot has a total area conforming to the requirements for this R-40 Zone District. 2) 7:35 p.m. Appl. No. 4098 - Application of INDEPENDENT GROUP HOME LIVING PROGRAM, INC. (IGHLP) appealing the June 30, 1992 Notice 'of Disapproval issued by the building inspector, for relief under Article XXIII, Section 100-231(B) of the Zoning Ordinance for the placement of fencing at more than the 6-1/2 Page 2 - Legal Noti~ Hearings for November 9, 1992 $outhold Town Board of. Appeals ft. height limitation (proposed height: 8 ft.}. Location of Property: 52550 Main Road, Southold, NY; County Tax Map Parcel No. 1000-61-3-1. 3) 7:38 p.m. Appl. No. 4137 - Application of JANE C. PEACE appealing the October 19, 1992 Notice of Disapproval issued by the building inspector, for relief under Article IIIA, Section 100-30A.3 for the placement of a raised concrete patio extension with awning at a setback of less than the required 35 feet from the front property line along Reydon Drive. Location of Property: 40 Grove Drive at Intersection with Reydon Drive, Southold, Reydon Shores, Section H, Lot 23, 24 & 1/2 of 22; County Tax Map Parcel No. 1000-80-4-17.1. 4) 7:42 p.m. Appl. No. 4098 - Application of TONY AND MARIA KOSTOULAS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence, as exists, near the L.I. Sound bluff. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. (Hearing was previously postponed for Town Trustees action on Coastal Zone Permit jurisdiction). Page 3 - Legal Not~ Hearings for NovembEr 9, 1992 Southold Town Board of Appeals 5) 7:50 p.m. Appl. No. 4136 - Application for GEORGE BITSAKIS AND OTHERS (Owners) for a Variance under Article XXIII, Section 100-239.4A for permission to construct addition and reconstruct existing dwelling structure areas located within 100 feet of the L.I. Sound bluff or bank. Location of Property: 57065 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-044-2-1. This property is nonconforming as to total lot area in this R-40 Zone District. 6) 7:55 p.m. Appl. No. 4132-B - Application of SPECTACLE RIDGE, INC. to include, as amended, a request for relief under Article III, Section 100-31A(1) (and/or Section 100-31C pertaining to accessory uses) to permit residential second-floor use for family member of a proposed accessory building, in conjunction with the use of the proposed principal single-family residence. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural-Conservation (A-C)" Zone District, and is presently before the Southold Town Planning Board concerning a change of lot line and before the Farmland Development Rights on 17+- acres, leaving 2+- acres for one (1) principal dwelling use per two acres of land area. 7) 8:00 p.m. 'Ref. File No. 4122-B. Application of ROBERT H. and KATHRYN B. DEXTER under Article XXIII, Section 100-239.4B · for a rehearing, or in the alternative, new Application for a Page 4 - Legal Notig Hearings for Novembe~ 9, 1992 Southold Town Board of Appeals deck extension, as modified, plus second-story overhang, all to be located within 75 feet of the lower bulkhead along Great Peconic Bay. Location of Property: 8380 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. 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. For more information, please call 765-1809 or visit our office. Dated: October 26, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER By Linda Kowalski Copies transmitted to the following on or about 10/26/92: L.I. Traveler-Watchman Suffolk Times, Inc. Ms. Charlene Edwards, 40-27 195th St., Flushing, NY 11358 IGHL, Inc., Attn: Mr. Walter Stockton, Box 638, 62 Pine St., East Moriches, NY 11940 Donald M. McGayhey, Esq., Box 981, 1050 Youngs Ave., Sld 11971 Re: Jane Peace Mr. and Mrs. Tony Kostoulas, 2-21 148th St, Whitestone 11357 Ward Associates, P.C., 1500 Lakeland Ave, Bohemia 11716 Re: G. Bitsakis and others Mr. G. A. Strang, R.A., Box 1412, Southold 11971 Re: Spectacle M/M Robert Ho Dexter, 197 Kensington Rd, Garden City 11530 FORM NO, 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL Date October 19, 19 .9.2 To ..l~.nald H. licGayhey, Arty (Jane C. Peace ) P.O. Box 98l, 1050 Youngs Ave. Southold, N.Y. 11971 PLEASE TAKE NOTICE that your application dated Sept. 29 1992Rec...O~.t....,l~9 9.2 for permit to CONSTRUCT RAISEB CONCRliT~ .P.ATI0 AI)I)ITION ~/ITH AMIqING ...................... at Location of Property . 1200 Reydon Drive $outhold, New York House No ........... Co tyT Map No 1000Sc ti 8.0. · ~ I? I un ax c on . Bio k ' ' · · ........ c . Lot Sub&v~s,on ..... Filed Map No ............ · ................ Lot No ........ ' .......... is returned herewith and disapproved on thc following grounds IR~I)RR ARTICLE. IliA. .. ..... O~¢TT0S !.o~.o,~.3 c.'o.s, svm~cTzos ~ zRsu~rzcz~ vRosv .~..~. sv.v ~cr, s .. .... .~.c.~.zo. ~qozw~ s~ zoszsc ~o~u~ ov ~v~.s. /Yhomasx3. Fisher ' RV 1/80 R ECEIq~b ~out, hold Town Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ~K) ..... .J..Q.n..e....q......P..e..a..?. ................................... of .... L~,~.9.. Ae~4.o..n... ~.r. iv..e. ..................................... Name af Appellant Street and Number .................... .S..o..u.,t.,h.~.l_d. ........................................................... .t)T..e.Tf...~.O.~.k. ........... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED October 19, 1997 WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (x) Jane C. Peace Nome of Applicant for permit of ; ... ! g...". ....................... .S.o.."..t..b.o.&a. ...................... k. ................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY permit to construct raised concrete ~atio addition with awning 1. LOCATION OF THE PROPERTY 1200 Reydon Drive, Southold (District R-40) Street /Hamlet / Use District on Zoning Map District 1000 Section 80 Block 4 Lot 17.t~ . ...................................................... ,--.~urrenc Owner Jane C. Peace r~ No. 23 & Map No. 631 24 & West~ t half of 2~riOt 0whet Matthew McKiernan & Josephine }lcKiernan 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 IIIA Section 100-30A.3 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. LaWs Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) ~-~xNl~N been made with respect to this decision Of the Building Inspector or with respect to this property. Such cppeal was ( ) request for a special permit { ) request for a variance end was made in Appea! No ................................. Dated .................. ~ .......... , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance is requested far the reason that the existing raised concrete patio extension and awning for which approval is requested does not meet the present front yard Setback requfrement of District Rq40. F~rm ZBI (ContinueI an other side) REASON FOR APPEAL Continuec~ 1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sow HARDSHiP because the patio existed when petitioner purchased the subject premises in May of 1977. Petitioner raised part of the original structure so that the patio, as it presently exzsts, would be all one level. ' The present 50 foot front yard set back requirement in this R-40 zone would prohibit this existing patio since this structure, as well as the house, sets back only approximately 35 feet from the property line. 2. The hardshipcreatedis UNIQUEandisnotshared by all prope~ies alike in the immediate vicinity ofthis proper~ and in this use districtbecause a raised patio has existed in some form'for over 15 years'at'subject premises and present zoning s-et back requirements would prohibit this structure. This hardship is not shared by alI~properties in the surrounding area. oo 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE Dlbl~ICTbecause the concrete patio sets back more than 55-fe~t ~ from'the edge of Reydon Drive as it presen.tt~ exists, although the structure is less than 35 feetfrom the actual property line as shown on the survey. The subject premises, without question, conforms with the surrounding' properties and in Do y, ay~£ects the character of the neighborhood. Subject premzses ·sets backl~ur~her than most other houses in the neighborhbod. · ' ~ ) ] day ~'"/of Octo b er S~gnature 9'2 COUNTY OF SUFFOLK '.- i ~ Sworn to this ......:~.~" ......... ............ ... 19 . . Nom~ Pu~io, S~ ~ N~Y~ Term ~i;~ ~ 22, 1~ OF SOUTHOLD PROPERTY"~L~ORD cARD · '~ /7, / TOWN ~~, '7'i "" OWNER ~ 6WNER v SEAS. VL. IMP. ~ARM TOTAL DATE TYPE OF BUILDING CO'MM. CB. MICS. Mkt. Value REAKARKS I Tillable FRONTAGE ON WATER Woodland : * ~' FRONTAGE ON ROAD /O 0 '~/~, ~7 ' '"~ '~ ~eadowland ] :~,:~,~..!~ .~. ', ~:,~ .-~ .. ' DEPTH H~~ ,;~' ..... ~'~'" ~'~'.,- BU LKH~D ~" , ' ,:" ' .7o o COLOR TRIM M. B~dg. ~xten~ion ~tension orage /0 Foundation Basement Ext. Walls Fire Place Type Roof Recrnation Room Dormer Bath / L Floors $ ~'-~ Interiar Finish , LR. Heat Rooms 1st Floor Rooms 2nd Floor FIN. B Driveway Pre s e n t : 'HON. PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD November 9, 1992 (7:30 p.m. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Jr. JAMES DINIZIO, Jr. ROBERT A. VILLA RICHARD C. WILTON Hearing) HARVEY A. ARNOFF, TOWN ATTORNEY LINDA KOWALSKI, Secretary-Clerk to Board Page 8 11/9/92 APPLICATION NO. 4137 - APPLICATION OF JANE C. PEACE Appealing the October 19, 1992, Notice of Disapproval issued by the building inspector, for relief under Article IIIA, Section 100-30A.3 for the placement of a raised concrete patio extension with awning at a setback of less than the required 35 feet from the front property line along Reydon Drive. Location of Property: 40 Grove Drive at Intersection with Reydon Drive, Southold, Reydon Shores, Section H, Lot 23, 24 & 1/2 of 22; County Tax Map Parcel No. 1000-80-4-17.1. 7:42 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy ofthe survey indicating a two-story frame house, received November 4, 1992 from Roderick Van Tuyl, PC, and 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? Appearance: Don McGayhey, Esq., for the Applicant MR. McGAYHEY: Good evening. My name is Don McGayley. I am attorney for the applicant Jane Peace, who is seated to my left this evening. THE CHAIRMAN: Right. MR. McGAYHEY: I have a similar situation as the Edwards application. My client is under contract to sell the property. She is moving to Ohio. It has come to light that this patio, raised patio extension and awning, she and her Page 9 11/9/92 husband constructed in 1977 required a permit. I would just like to briefly'state when my client purchased the property in 1977, what originally was there was a fairly large stoop in front of the house. It was about four by thirteen foot. Beyond that there was an additional concrete area. I believe it was like 5 by 13. It was two different levels. What they did was merely extend the original stoop out to make it all one level; and Mrs. Peace mentioned to me that the reason that she did it really was for safety reasons. They could put a few chairs there without having people fall. At the time when they did this, I don't believe they really believed that a permit was required or they relied on the contractor and the contractor's advice, to, you know, let them know what kind of permits were required. As you can see from the survey, it is a very narrow lot. For those of you who may have gone up to the property, even though we do not meet the 35-foot setback requirements, the house itself and the patio sets back more than fifty feet from the road. Given this situation, I don't feel that your approval of this variance this evening will have any adverse impact on the surrounding properties. The patio has been ther~ for some fifteen years now; and it is surrounded by shrubbery. You can't even see it from the road. I think it would be more of a hardship for Mrs. Peace, who is moving to Ohio, and expects to close in a few weeks, to have to remove this concrete extension. Page 10 - 11/9/92 I therefore respectfully request that you approve this application. THE CHAIRMAN: Thank you, who would like to speak in favor of sir. Is there anybody else this application? ED MacGURN: Yes, I would like to speak. My name is Ed MacGurn. I am a resident of Reydon Shores. As you know, it is a private community with private roads. I have been a resident there over twenty-five years. I have been an officer of the association probably a total of fifteen to twenty years as a Director, as President, Vice President, as Beach and Parks Chairman, and as Chairman of the Board. In all of the two annual meetings I have always attended and all of the minutes i have read of all the fifty-five years of Reydon Shores, I have never seen or heard any negative response from any of the residents regarding this situation. Another situation on Hope Drive for a variance for a deck in front of the property was granted some years ago, so I believe a precedent was already set. In addition to the fact that Reydon Shores was laid out with 50-foot wide roads but in my view, I don't believe the roads will ever be widened to 50 feet, so the theoretical setback is really, I believe, not appropriate at this point. Again, it is a private community with private roads, and no one has objected; and Jane Peace told me this evening she had not received one single phone call from anybody in Reydon Shores regarding this announcement in the Suffolk TIMES. I would strongly request that you approve this request. Page 11 - 11/9/92 THE CHAIRMAN: Thank you. Anybody else? Yes? WM. PRICE, JR., ESQ.: I represent Mr. and Mrs. Thomas McCarthy, who are the purchasers of Mrs. Peace's property. I spoke with Mr. McCarthy today. He would like to buy the lot with the deck the way it is. We have a mortgage commitment that expires on November 22nd. Thank you. THE CHAIRMAN: Thank you, Judge. Is there anybody who would like to speak against the application? (There was no response.) THE CHAIRMAN: Any questions from Board members? MEMBERS: No. THE CHAIRMAN: I make a motion granting as applied for. Have a good evening. Page 12 - 11/9/92 APPLICATION. NO. 4098 - Application of TONY AND MARIA KOSTOULAS FOR A Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence, as exists, near the L.I. Sound bluff. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. (Hearing was previously postponed for Town Trustwees action on Coastal Zone Permit jurisdiction). 7:50 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: This is a rehearing which goes all the way back to --or, pardon me, a continuation of a hearing that goes all the way back to May 7, 1992. It concerns a deck in the rear yard of the Kostoulases. We did hold this application in abeyance for some time, bearing in mind that we were waiting for Trustees' approval. Is there somebody who would like to be heard concerning this application? Mr. Moore, how are you tonight? Appearance: MR. MOORE: William D. Moore, Esq., for the Applicants. Not too great. I am suffering from a cold, and I have little voice. I will spare it --or I will share it with you. THE CHAIRMAN: The cold or the voice? APPE~d~S BOARD MEMBEP~ Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOV~N OF SOUTHOLD November 10, 1992 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 Donald M. McGayhey, P.O. Box 981 1050 Youngs Avenue Southold, NY 11971 Esq. Re: Appl. No. 4137 - Jane C. Peace (Variance for Front Patio) Dear Mr. McGayhey: With reference to the above-noted appeal, please find attached a copy of the Board's determination rendered yesterday during the public hearing. Copies of this determination have also been furnished to the Building Department for their update and permanent recordkeeping. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Southold Town Building Department APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~nn Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OFSOUTHOLD 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. 4137: Application for JANE C. PEACE appealing the October 19, 1992 Notice of Disapproval issued by the building inspector, for relief under Article IIIA, Section 100-30A.3 for the placement of a raised concrete patio extension with awning at a setback of less than the required 35 feet from the front property line along Reydon Drive. Location of Property: 40 Grove Drive at Intersection with Reydon Drive, Southold, Reydon Shores, Section H, Lot 23, 24 & 1/2 of 22; County Tax Map Parcel No. 1000-80-4-17.1. WHEREAS, a public hearing was held on November 9, 1992 and 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 as well as the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question: (a) is located in the "R-40" Low-Density Residential Zone District and is a corner lot having a nonconforming lot area of 14,003 sq. ft.; (b) is identified on the Suffolk County Tax Maps as District 1000, Section 80, Block 4, Lot 17.1; (¢) is improved with a two-story frame house with rear deck and front concrete patio areas, all as shown on the survey plan prepared October 27, 1992 by Roderick VanTuyl, P.C., Land Surveyor. 2. The applicant requests relief for the construction of raised concrete patio area with awnings at the westerly side of Page 2 - Appl. No. Matter of JANE C. Decision Rendered November 9, 1992 the dwelling facing Reydon Drive. The setback requested is 25 feet, which is ten (10) feet closer than the required 35 feet. Areas which are flush with the ground are not defined as "building area" and do not require relief. 3. The property has two front yards and is unique in 'its configuration, general layout and location in this subdivision known as "Reydoy Shores, Section H." 4. The concrete patio area with awning located with a reduction to 25 feet to the westerly front property line, at its closest point, will not be adverse to the community, will not create a dangerous condition or interfere with the movement of traffic at this minor-street intersection. 5. The aesthetics of the front yard area will not be changed since its use will be limited to the landscaped front yard area. 6. In considering this application, the Board also finds: (a) that the relief, as conditionally noted below, will not be adverse to the essential character of the neighbor- hood; (b) that the relief, as conditionally noted below, will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (c) that the relief herein will not increase dwelling unit density or cause a substantial effect on available governmental facilities; (d) that the request is not unreasonable and is the minimum necessary under the circumstances; (e) in considering all of the above factors, the interests of justice will be served by granting the relief, as applied for. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a variance for the construction of a raised concrete patio with awning with a setback at 25 feet at its closest point to the westerly front property line along Page 3 - Appl. No. Matter of JANE C. PEACE Decision Rendered November 9, 1992 Reydon Drive, as shown on the October 27, 1992 survey prepared by Roderick VanTuyl, P.C. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk ·/.' GERARD P. ~GOEHRINGER/CHAIRMAN Page 3 - Appl. No. Matter of JANE C. PEACE Decision Rendered November 9, 1992 Reydon Drive, as shown on the October 27, 1992 survey prepared by Roderick VanTuyl, P.C. VOTE OF THE BOARD: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk GERARD P. ~GOEHRINGE HAIRMAN RECEIVED AND FILED BY THE SOIJTHOLD TOWN CLERK Town Clerk, Town o~ Southol___d__ Board of Appeals Town of Southold Main Road Southold, New York 11971 Att: Ns. Linda Kowalski Re: Application for Variance Premises: 1200 Reydon Drive Southold, New York S~-1~$ 1000-80-4-17.1 November 3, 1992 Dear Ms. Kowalski: Enclosed herewith find three (3) survey prints dated October 27, 1992 for the subject premises in the above referenced matter. c.I~ald 1~. McGayhe¥ enclosures 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 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 October 28, 1992 Donald M. McGayhey, P.O. Box 981 1050 Youngs Avenue Southold, NY 11971 Esq. Re: Appl. No. 4137 Jane C. Peace (Variance for Patio) Dear Mr. McGayhey: In reviewing the above documents filed on October 26, 1992, we note that the front yard setback (between the outer edge of the patio construction and the front property line, at its closest point) has not been shown. Using the scale on the survey, it appears that the setback is 26-1/2 feet at its shortest distance. If this distance is not correct, please let us know either by letter or during the public hearing which has been advertised for Monday, November 9, 1992 at 7:38 p.m. In the event we do not hear otherwise, we will note the 26-1/2 setback into the record. Also, please send notice to the adjacent property owner to the south (which appears to be owned by Pagoto, both lots 79-5-16.8 and 16.1), and furnish the required affidavit of mailing with certified-mail receipt for our record. Thank you. Very truly yours, Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD 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 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, Enclosure GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski L.I. Sound bluff. Lo~ation of Prop- erly: 1035 Aquav cw Avenue. East NOTICE IS IIF. REBY GIVEN, Madon, NY; Counly Tax Map Parc.el pursuant to Section 267 of thc Town Law and the Code of the Town of No. 1000-21-2-13. This property ~s Southold, thc following matters will nonconforming as to total lot ama in fids p.-40 Zone District. (lleating was be held for public hearings before thc sOUTIIOLD TOWN BOARD OF previously postponed for Town APPEALS at thc Southold qbwn I fall, Trustees action on Coastal Zone Per- 53095 Main Road. Southold, New mit.iudsdintion). 5) 7:50 p.m. AppI. No. 4136 -- YorkI1971.o~MONDAY, NOVEM- Application for GEORGE BIT- BF. Rg, 1992commcncing'atthctbncs SAKIS AND OTllERS (Owners) specified below: 1) 7:32 p.m. Appl. No. 4099 Application of CIIARLENE WARDS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.A for approval of deck ex- tension between existing deck and stairs along the bluff of the Long ls- land Sound. Location of propeny: 880 Salt Marsh Lane. pcconlc. NY; Co ~n- ty 'lhx Map parcel No. 1000-68-3-g.2- Thc size of this lot has a total area conforming to thc requirements for dfis p..40 Zone District. 2) 7:35 p.m. Appl. No. 4098 Application of INDEPENDENT GROUP IIOME LIVING PRO- GRAM, INC. (IGIILP) appealing thc June 30, 1992 Notice of Disap- proval issued by thc building inspec- tor, for tel e[ under Article XXIII. Section 100-231(B) of the Zon ng Ordinance for thc placement of fenc- ing at mom than the 6-1/2 ft. height limitation {proposed height: 8 ft.}. Location of Property: 52550 Main Road, Southold, NY; County Tax Map parcel No. 1000-61-3-1. 3) 7:38 p.m. Appl. No. 4137 Application of JANE C. pEACE appealing the October 19, 1992 Notice of Disapproval issued by the building inspector, for relief under Ardcl~ IliA. to e~-y linc along Reydon Dri~c. ~Pation of property: 40 Gwv¢ Southold. Rcydon Sho~s, Section ti, Lot 23, 24 & 1/2 of 22; County Tax Map parcel No. 1000-80-4-17.1. 4) 7:42 p.m. Appl. No. 4098 Application of TONY AND IVIARIA KOSTOULAS for a Variance to thc Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of level) and fence, as exists, near thc for a Variance under Article XXIII, Section 100-239.4A for punnlssion to within 100 feet of thc L.I. Sound bluff or bank. Location of property: 57065 C.R. 48, Gmenpon, NY County Tax 6) 7:55 p.m. Appl. No. 4132-B -- Application of sPECTACLE III, Section 100-3IA(I) (and/or Sec- fldor usc for farmly member of a p posed accessory building, in conjunc- tion with the usc of the proposed prin- cipal single-family rcsid_cnce- tion of Pr~rty: 14990 Oregon ~o~, Cutchoguc. N Y; C°unty ~isMaP P~' Town planning Board eonc.cmmtgh~ aere~, leaving 2:t ac~¢~ for one (I) of land ama. 7) 8:00 p.m. Ref, File No, 4122-B.! ticl¢ XXIll, Section 100-239.4B for modificA, plus sec~d-s~o~ ovedm~ prior to the conclusion of il~¢ ~ubjcc lg09 or visit our off'ice. By l.inda Kowahkl J~27 - iT.Q? 9 STATE OF NEW YORK) ) SS: COUNTY OF SIJ}'~'OLK) Cara Conklin of Mattltuck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituek, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been r~gul~r- ly published in said Newspaper once each week for one weeks successively, commencing on the 29th .day of 0ct°her1992· Principal Clerk Sworn to before me this ,?~F~'~ ' day of October/~'19~ ;l~ttlr¥ Public. Stero o~ No. 4 COUNTY OF SUFFOLK STATE OF NEW YORK SS: NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters will be held for public hearings before the SOUTHOLD TOWN BOARD OF APPEALS at the Somhold Town Nail, 53095 Main Road, Southold, New '~brk 11971, on MONDAY, s2 commen- specified ~b.c.~': 1) 7:32 p.m. Appl. No. 4099 - Application of CHARLINE EDWARDS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.A for approval of deck extension bet- ween existing deck and stairs along the bluff of the Long Island Sound. Location of Pro- perty: 880 Salt Marsh Lane, Peconic, NY; County Tax Map Parcel No. 1000-68-3-8.2. The size of this lot has a total area conforming to the requirements for this R-40 Zone District. 2) 7:35 p.m. AppL No. 4098 Application of INDEPEN- DENT GROUP HOME LIV- ING PROGRAIV[~ 'INC. {IGHLP) appearing the June 30, 1992 Notice of Disapproval issued by the building inspector, for relief under Article XXlII, Section 100-231(B) of the Zon- ing Ordinance for the placement of fencing at more than the 6-1/2 ft. height limitation (pro- posed height: 8 ft.). Location of Property: 52550 Main Road, Southold, NY; County Tax Map Parcel No. 1000-61~3-L .,,-,.. ApPlication of JANE C. PEACE appealing the October 19, 1992 Notice of Disapproval issued by the building inspector, for relief under Article ILIA, Section 100-30A.3 for the place- ment of a raised concrete patio extension with awning at a set- back of less than the required 35 feet from the front property line along Reydon Drive. Location of Property: 40 Grove Drive at intersection with Reydon Drive, $outhold, Reydon Shores, Sec- ion H, Lot 23, 24 & I/2 of 22; County Tax Map Parcel No. I000-80-4-17.1. 4) 7:42 p.m. Appl. No. 4098 Application of TONY AN,,D Variance' to the Zoning Or- dinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence, as exists, near the L.l. Sound bluff. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. (Hearing was previously postponed for Town Trustees ac- tion on Coastal Zone Permit jurisdiction). 5) 7:50 p.m. Appl. No. 4136 - Application for GEORGE .BIT- SAKIS A N D O'""='~"~ (Owners) for a Variance under A~icte XXIII, Section 100-239.4A for permission to construct addition and reconstruct existing dwelling structure areas located within 100 feet of the L.l. Sound bluff or bank. Location of Property: 57065 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-044-2-1. This property is nonconforming as to total lot area in this R-40 Zone District. 6) 7:55 p.m. Appl. No. 4132-B - Application of~ RIDGE~ INC. to 'include, as amended, a request for r61ief under Article III, Section 100-3lA (1) (and/or Section 100-31C pertaining to accessory uses) to permit residential second-floor use for family member of a proposed accesory building, in conjunction with the use of the proposed prin- cipal single-family residence. Location of Property: 14990 Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-084-01-02. This property is located in the "Agricultural- Conservation (A-C)" Zone District, and is presently before the Southold Town Planning Board concerning a change of lot line and before the Farmland Development Rights on 17+- acres, leaving 2 +- acres for one (1) principal dwelling use per two acres of land area. 7) 8:00 p.m. Ref. File. No. 4122-B. Applicatior~ of ROBERT H. and KATHRYN B. DEXTER under Article XXIII, ~-239.4B for a rehear- ing, or in the alternative, new Application for a deck exten- Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ........................... weeks successively, commencing on the ...................... Swo~n Iobefo~e methis .................... da~ ,d Notary Public BARBARA'A: SCHNEIDER' NOTARY PUBLIC, State of New York' No. 4gOC:N6 Qualified in Suffolk County Coru mi~.im; Expires sion, as modified, plus second- story overhang, all to be located within 75 feet of the lower bulkhead along Great Peconic Bay. Location of Property: 8380 Great Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-126-11-20. 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 hear- ing. Each hearing will not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: October 26, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER By Linda Kowalski 1 X-I 0/29/92(25~._ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 26, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4137 Project/Applicants: County Tax Map No. Location of Project: Jane C. Peace 1000- 80-4-17.1 40 Grove Drive, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: 'Placement of a raised concrete extension with awning at a setback of less than the required 35' from front property line along Reydon Dr. 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 944-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6NYCRR 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(~j)}, 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: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK DATED: OCTOBER 26, 1992 RE: ZONING APPEAL NO. 4137 - JANE PEACE Transmitted herewith is Zoning Appeal No. 4137 application for a variance by Jane Peace. Also included is a letter of transmittal from Donald M. McGayhey, dated October 26, 1992; Notice of Disapproval from the Building Department, dated October 19, 1992; Notice to Adjacent Property Owners; 3 copies of survey; copy of Certificate of Occupancy, dated June 7, 1973; copy of Contract of Sale; Short Environmental Assessment Form; ZBA Questionnaire; copy of deed; and 3 photographs showing: 1. Side view of patio, 2. Concrete patio addition, and 3. Front yard. Judith T. Terry Southold Town Clerk October 26, 1992 Board of Appeals Town of Southold Main Road Southold, New York 11971 Re: Application for Variance Premises: 1200 Reydon Drive Southold, New York SC~I~ 1000-80-4-17.1 Dear Sir/Madam: I am the attorney for Jane C. Peace, the owner/applicant in the enclosed application. Applicant seeks a variance for the approval of an existing concrete patio addition with an awning at the above premises. Pursuant to Article IIIA, Section 100-30.A of the Southold Town Code, a variance will be required to obtain a Certificate of Occupancy for this existing patio because same does not meet present front yard setbacks in District R-40. Accordingly, I submit herewith the following documentationfor your review: 1. Variance application (in triplicate) 2. Notice to Adjacent Property Owners Form with Proof of Mailing of Notice 3. Short Environmental Assessment Form 4. ZBA Questionnaire Se One (1) print of original survey (without modifications) and three (3) copies of survey showing existing patio drawn to scale 6. copy of Certificate of Occupancy 7. Copy of Current Deed 8. Photographs of Subject Property and patio 9. $150.00 Filing Fee (check no. 566) 10. Copy of Contract of Sale for Pending Sale of subject Property 11. Notice of Disapproval hearing. DM~/sgm enclosure Kindly schedule this matter for your next public ? / Do~a~d M. McGayhey J s17.=1 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM Fei' UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Proiect sponsor) 1. APPUCANTISPONSOR I ~' PROJECT NAMe Jane C. Peace ~ Peace patio variance .~m~m,.~ Southold Cou.~ Suffolk 1200 Reydon Drive, Southold, New York (corner of Reydon Drive and Gr6ve Drive), more particularly desi~ated on the Suffolk Co~ty Tax Map as DistriCt 1000, Section 80, Block 4, Lot 17.1 ~. IS PROPOSED ACTION: ~[ New [] Bxoansio. 6, DESCRiBe PROJECT BRIEFLY: Variance for raised concrete patio with awning which has insufficient front yard setback 117 sq. ft. ~ U.tmatetv ac,,s I CERTIF~ THAT THE iNFORMATION PROVIDED AS(~VE IS TRUE TO THE BEST OF MY KNOWLEDGE y I! thD action is in the Coastal Area, and you are a state agency, complete the L Coastal Assessment Form before proceeding with this assessment OVER 1 '(Continued on reverse side) The N.Y.S. Environmental Quality Review Ac~erequires submiszion · before any action is taken. (a) ~n order to answer the questions in this short E~F it is assumed project and the likely impacts of the action. It is not expected that (b) If any question has been answered Yes the project may be sig- (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessmen? 1. Will project r~sult in a lar=e physical change to the project site or uhvsi~ally'alter more than 10 acres of land? ' ' . ~es ~X NO unusual land form on the site? ~Yes X No 4. Will project have a po=entially large impact on __.Yes X _No 5. Will project significantly effect drainage flow 6. Will project affect any threatened or endangered.· plant or animal species? ~Yes X No 7. Will project result in a major adverse effect on air quality? Yes X No known to be important to the community? .___Yes X No ~0. Will project have a m~jor effect on existing or future recreational opportunities? ___Yes ~ No 11. Will project result in major traffic problems or ' - ~Yes ~ NO 12. Will project regularly cause objectionable odors, 13. Will project have any impact on public health ~Yes X No 14. Will project affect the existing community by charact~ of the community or neighborhood? 15. IS there public con~.~.. project? / --~=~/Y COncerning the · ~ · Yes ~ No ~Presenting: Jane 0q Peace ' A 9/q$ - -- ~Oate: 10/24/92 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.) Jane C. Peace Owner B. Is the subject premises liste~ on the real estate market ~or sale· or being shown to prospective buyers? {X } Yes (under contract) { } No. (If Mes, pl~e a~h C~t:m3' cur "condit~m~- of sale.) C. Are ther~ anT l~=posal~ to ~n~e ~ alter l~d c~t¢~? { } Yes {X} No D. 1. Are there any areas which contain wetland grasses? NO 2. Are the wetland areas shown on the map submitted with this application? NO 3. Is the property bulkheaeed between the wetlands area and the upland building area? NO 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N.A. E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? __N.A. (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fengms which e~t and are not ~hown on the survey map that you a.r2 submitting? No If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? No 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 alsd own Other land close to this parcel? No If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at parcel one family dwelling and proposed Use same Sign/a~t/re an~ Date' this § 97-13 WETLANDS § 97-13 TOWN ~ The Town of Southold. TRUSTEES __ The Board of Trustees of the Town of Sou:hold. [Added 6-5-84 by L.L. -No. 6-1984[ WETT-'-~.xFDS [Amended 8-26-76 by ILL. No. 2-1976; 3-2S- 85 by. ,L..L. N~. ~-1985]: -,' '"~ ..... ~V ~[DAL WETLANDS: (1) Ali lands generally covered or in~rmittendy cov- ered with. er ~vh~h ~order on. t~da~ ~. or ~y~n~ beneath t~d~ ~aters. ~h~h ~ mean ~o~ ~d~ ~re covered by ~d~l ~aters ~ a max~u~ depth five (5) fee~. ~n~ud~n~ ~ut not Hm~d ~ bogs, salt marsh, swamps, meadows, fla~ or other low lying lands subject ~ tidal action; (2) All banks, bogs. meadows, fla~ and tidal marsh subject to such tides and upon which grows or may grow some or any of the followin~ salt hay. black grass, saltwort, sea lavender. ~11 c~rd~ass, high bush. cn~ils, groun~eL m~s~nHaw ~d ~w (3) All ~d immediate~udiacent~ a tidsl W~iand as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wedand. B. FRESHWATER WETLANDS: (1) "Freshwater wet,ands" as defined ~n Article 24. tie 1. ~ 2.1-0107, S~bdivisions l(a) to l(d) inclusive. of the Environmental Conservation Lsw of the S~te of New York; and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B{1) and lying with- in sevent:,'-five (75) feet landward of the most land- ward edge of a' freshwater wetland. 9705 BUILDING DEPARTMENT Town Clerk's Office . Southold, N. y. Certificnte Of Occupnncy THIS CERTIFIES that the building located at .Re¥~.on. D~ .&. G~.Ovo..Dr.. i Street Map No.R.e.~.o.n...S.h.-. Block No. H ,Lot Nn ~-22,23~2~ Southold I~.Y. conforms substantially to the Application for BuildAng PerroJt hereto£ore filed'in this office dated .S.e.p.t... 1. 3. ~ 19.7.2.. pursuant to which Building Permit No...6.~.1.l~.Z. dated ............ Sept..1.~.., 19.72., was issued, and conforms to all of the require- ments of th.e applicable provisions of the law. The occupancy for which this certificate is issued is .P~J.~ate one family, dwellln~ The certificate is issued to . .l~.t.tl~eW. ~, J. 0~.e~.h. $.n.e.M. gK.iernan whets (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval P.~y ~0~ 19?$ by R. Villa UNDERWRITERS CERTIFICATE No... ~I..0905.6~... 14ay.. ].6... ]19.73 ................. HOUSE NUMBER· .%200 ..... '.Street..Reycloll.l~.. .................................... 1+0 Grove Drive ,, Building Inspector -- DATE: PLRSONAi PROPERTY: NYBrU Form 8041 (Rev. 11/78 CT OF SALE -- 10/86 WARNING: NO REPRESENTATION IS MADE THAT Tills FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITII SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLIStt"). 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 casualty loss before the title closing. Unless different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and c~su?.t.t~ loss upon taking of title to or possession of the premises. CONTRACT OF SALE made as of the /'~ ~ dayof September ,19 92 BETWEEN JAI~!]~ C. PEACE, residing, at 1200 Reydon Drive, Southold, New York 11971 hereinafter called "SELLER", who agrees to sell: and T}IOM_~S J. McCARTHY and II~RION H. McCARTHY, his wife, both residing at 57 Willow Street, Floral Park, New York 11001 hereinafter called "PURCHASER" who agrees to buy the property, including all buildings and improvements thereon (the "PREMISES"), more fully described on a separate page marked "Schedule A," and also known as: Street Address: 1200 Reydon Drive, Southold, New York Tax Map Designation: 1000-080.00-04.00-017.001 Together with SELLER's interest, if any, in streets and unpaid awards as set forth in Paragraph 9. lhe sale also includes all fixtures and articles 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, lighting and cooking fixtures, bathroom and kitchen cabinets, mantels, 222: ::::.::v:.:, '.'::'..;:2.;; LIZ.d.,, shades, screens, awnings, ~'__'i'r::: window boxes, storm doors, v-~!! ~-::?:, .-,.--t}:~- :':hz-_, n_ZgT:'_::, pumps, shrubbery, c~n.-!-3. ^.-~-~--c,.~t~:~-7, ._~_-:_. dishwasher~, washing machine~, clothes dryer~, 2~-..~ .~:o~^?::! ::=~;z, rangeir, refrigerator.~, r ....... :r, air conditioning equip- ment and installations, and wall to wall carpeting, ce-il/fig fans, generator, drapes, all to the extent same presently ex±sis on vremises in "~AS IS" condition. 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: $ 16,500.00 By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ -0- By a Purchase Money Note and Mortgage from PURCHASER (or assigns) to SELLER: $ -0- BALANCE AT CLOSING: $ 148,500.00 $ 165,000.00 O tried in good faith. The Purchase Money Note and Mortgage shal be drawn on the standard of Title Underwriters by the attorney for SELLER PURCIASERsha pay the the attorney's fee in the amount of $ for its pre~ (c) If any required payments are ma,d,e on an EXIST[~NG which reduce the unpaid prmclpal amount of an EXISTING MOR~~e-D~ price payable ,, CLOS,NG will be adj g'iiefi if3 t (d)~urance, etc. SELLER shall a ' Io PU RCttASER, if it can be assigned. In that event PURCItASFR sliall pay the amount in Ihe escrow account EXISTING MORTGAGES: EUNDS: PROVISIONS: TITLt COMPANY APPROVAL: CLOSING DEEINED AND I:ORM OE DEED: CLOSING DATE AND PLACE: BROKER: STREETS AND ASSIGN- MENI' OF UNPAID AWARDS: MORTGAGEE'S CERTIFICATE LET'FER AS TO EXISTING MORTGAGE(S): COMPLIANCE WITH STATE AND MUNICIPAL DEPARTMENT VIOLATIONS AND ORDERS: OMIT IF TIlE PROPERTY IS NOT IN THE CITY OF NEW YORK: Mortgage now in the unpaid principal amount ut $ ~~ent per Fear, presently payable in installments of $ ~.~,,,~, include principal, interest, SELLE states that no EXISTING MORTGAGE contains any provision that permits the holder of the mortgage to 3. All money payable under this contract, unless otherwise specified, shall be either: a. Cash, but not over one thousand ($1,000.00) Dollars. b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company, or savings and loan association having a banking office m the State of New York, payable to the order of SELLER, or to the order of PURCHASER and duly endorsed by PURCttASER (if an individual) to the order of SELLER in the presence of SELLER or SELLER'S attorney. c. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PURCHASER up to the amount of Seventy Hundred Fifty ............. % .......... -($ 750.00 ) dollars, or d. As 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 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 on which the PREMISES abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. d. see attached rider 5. SELLER shall give and PURCIIASER shall accept such title as any reputable title company doing business in Suffolk County and , a member of The New York Board of Title Underwmters 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. 6. "CLOSING" means the settlement of the obligations of SELLER and PURCttASER to each other under this contract, including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a Bargain & sale w/cov, vs. grantor ' s acts deed in proper statuary form for 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 convenant by the SELLER as requi, ed by Section I3 of the Lien Law. If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing the sale and dehvery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the require- ments of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that section. 7. CLOSING will take place at the office of Donald M, M.cGayhey, Esq., 10,~0,YqungsoAvenqe, Sou, thold New York or lendi,n institution, on or aoout twenty-one ~zt) aays ~rom aate o~ ~ ~ xRk commitmemt. ' 8. PURCItASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than LEWIS and NICKLES, LTD. and SELLER agrees to pay the broker the commission earned thereby (pursuant to separate agreement). 9. This sale includes all of SELLER'S ownership 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 any fight of SELLER to any unpaid award by reason of any taking 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 danlages. 10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty (30) days before the CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording, certifying the amount of the unpaid 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 institution as defined in Section 274-a, 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 MORT- GAGE will not be in default at the time of CLOSING. I 1. a. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by any governmental 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 them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with any authorizations necessary to make the searches that could disclose these matters. INSTALLMENT 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in annual ASSESSMENT: installments, and the first installment is then a lien, or has been paid, then for the purposes of this contract afl the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. RIDER ATTACHED TO AND FORMING PART OF THE CONTRACT OF SAL~ BETWEEN JAN]{ C. PEACE, AS sF.r.L~R, AND THOMAS J. McCARTHY AND MARION H. McCARTHY, AS PURCHASERS. IT IS EXPRESSLY UNDERSTOOD that sellers have not made and do not make any representations as to the physical condition, operation or any other matter relating to the aforesaid premises, and it is not bound by any statement, representations or information that may have been made to the purchaser by anyone, pertaining to the premises herein unless specifically set forth herein. The purchaser hereby acknowledge that no such representations have been made and they have personally made a thorough inspection of the premises, are familiar personally with the condition of same and agree to accept same in their present condition "as is", less fair wear and tear, except that plumbing, heating, and electrical systems and appliances shall be in working order and roof free of leaks on the date Seller's tenancy terminates. This representation shall not survive said tenancy. In the event there are any malfunctions with regard to the appliances, seller shall repair said appliance but in no event shall seller's liability for said repair exceed $125.00 per appliance. DELIVERY OF DEED: It is specifically understood and agreed that the acceptance of the deed by the purchaser shall constitute and be deemed and considered full compliance by the seller of all of the terms and conditions of this contract on the part of the seller to be performed; and it is further expressly agreed that none of the provisions of this contract shall survive the delivery and acceptance of the deed, except insofar as may herein otherwise be expressly and specifically provided, or except as may be otherwise agreed upon by,the seller in writing at closing of title. SUBJECT TO CLAUSE: Subject to any state of facts an accurate survey may show and to covenants, agreements, restrictions and utility easements of record, if any, and to zoning ordinances, restrictions of the city, village or town in which the premises are situated, in effect, now or at the date of the closing of title. However, purchaser shall not be required to take title if such state of facts shall render the title unmarketable, or if said covenants, agreements, restrictions, and utility easements shall prohibit or restrict the use or maintenance of the structure erected on said premises. CONTRACT DEPOSIT: The down payment hereunder shall be held in escrow by Donald M. McGayhey, Esq., the attorney for the seller, as escrow agent until closing of title which amount is to be applied to the purchase price. 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 of the parties hereto for any action or failure to act, unless such action demonstrates bad faith. The purchaser and the seller hereby authorize the escrow agent, in the event they become involved in any litigation by reason of the Contract of Sale, to deposit it with the Clerk of the Court in which such litigation is pending, all funds delivered to the escrow agent hereunder and thereupon, the escrow agent shall be fully relieved and discharged of any further responsibility hereunder. In addition, the escrow agent is hereby authorized, in the event he is threatened with litigation, to interplead all interested parties in any court of competent jurisdiction and to deposit with the clerk of such court, all funds deposited with it hereunder and 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 deposited with him hereunder and shall not be responsible for any action or failure to act, unless such action or failure to act demonstrates bad faith. Any and all interest earned shall be paid to the party entitled to the down payment. OBJECTIONS IN TITLE: The purchaser agrees to deliver to the seller's attorney, at least ten (10) days before the date set for the closing of title, a statement of any alleged defects, encumbrances or objections to title, except those subject to which by the terms of this agreement, the premises are to be conveyed or which may be expressly waived herein. At seller's request, seller shall be given a reasonable adjournment of the closing to permit seller to endeavor to eliminate such defects, encumbrances, or objections. If the seller is unable to eliminate such defects, encumbrances or objections, then the purchaser may either (a) accept title subject to such objections, defects or encumbrances without any abatement in the purchase price and without any claim for damages; (b) reject title, in which latter event seller shall return to purchaser, all money paid hereunder, together with the net title company fees as actually charged plus survey and thereupon, this agreement shall be null and void without further liability of either party to the other. SELLER'S OBLIGATION TO CURE DEFECTS OR OBJECTIONS: If the seller should be unable to convey a good and marketable title subject to and in accordance with this agreement, the sole obligation of the seller shall be to refund the purchaser's down payment made hereunder and to reimburse the purchaser for the cost of title examination, plus survey, if any, and upon making such refund and reimbursement, this agreement shall wholly cease and terminate and neither party shall have any further claim against the other, by reason of this agreement and the lien, if any, of the purchaser against the premises shall wholly cease. The seller shall not be required to bring any action or proceeding or otherwise incur any expense to render title to the premises marketable. The purchaser may, nevertheless, accept such title as the seller may be able to convey, without reduction of the purchase price or any allowance or credit against the same and without any other liability on the part of the seller. The term "cost of title examination" is defined for the purpose of the agreement, as the expense actually incurred by the purchaser for title examination, in no event, however, to exceed the net amount charged for title examination of the property without issuance of policy. NOTICES: Any notices to be given under this contract may be given by or to the respective attorneys: Seller: Purchaser: Donald M. McGayhey, Esq. P.O. Box 981 1050 Youngs Avenue Southold, New York 11971 William H. Price, Jr., Esq. P.O. Box 2065 828 Front Street Greenport, New York 11944 ASSIGNMENT: This contract shall not be assigned by the purchaser without the written consent of the seller, which consent shall not be unreasonably withheld. FOREIGN PERSON: (a) Seller represents that he is not a foreign person within the definition of Section 1445A of the Internal Revenue Code entitled "Withholding of Tax on Dispositions of U.S. Real Property Interests", and agrees to deliver at closing an affidavit stating under penalty of perjury the transferor's U.S. taxpayer's identification number and that transferor is not a foreign person. (b) Parties shall set forth their respective Social Security (TIN) numbers opposite their signatures at the end of this agreement, to facilitate compliance with Section 1521 of the Tax Reform Act of 1986, and shall execute at closing the title company form of report. CERTIFICATE OF OCCUPANCY: Seller shall furnish a Certificate of Occupancy or equivalent thereto covering all structures presently on the premises requiring same. In the event that a current survey is required by the municipality in order to obtain said Certificate of Occupancy or equivalent, it shall be the responsibility of the purchaser to provide such survey at purchaser's cost and expense. In the event of the inability of the seller to convey title pursuant to the terms of the contract, the seller shall reimburse the purchaser for the cost of the aforementioned survey. CONFLICT BETWEEN RIDER AND PRINTED FORM: In the event of any conflict between the provisions of the basic form contract herein and this Rider, the provisions of this Rider shall be paramount and prevail. LIEN YEAR: The adjustment for town taxes shall be based upon the lien year December 1 through November 30. REAL ESTATE BROKER: The parties agree that Lewis & Nickles, Ltd. is the real estate broker that brought about this sale and the seller agrees to pay the commission pursuant to a separate agreement. Purchaser agrees to indemnify and save the seller harmless of and from any and all liability, expense, claims or demands by reason of purchaser's acts, and makes this covenant as an express inducement to the seller intending that the seller shall rely thereon. This provision shall survive delivery of the deed. THIS CONTRACT IS SUBJECT TO and conditioned upon the purchaser obtaining a commitment from a lending institution for a first mortgage loan in the principal amount of $99,000.00 with interest at the prevailing authorized rate at the date of title closing or date of commitment (whichever may be the policy of the lending institution) and a term of 15/30 years within 45 days of the date hereof. Upon obtaining said commitment, purchaser's attorney shall immediately inform seller's attorney that the commitment has been obtained. If purchaser shall be unable, after diligent efforts, to obtain said commitment within said period, then either party may cancel the contract, by written notice, and all monies deposited hereunder shall be returned to the purchaser within five (5) days of cancellation. SALE OF EXISTING HOME: In the event purchasers own a house, condominium, or cooperative apartment (hereinafter referred to as a "Home"), it is hereby agreed and understood that the within sale shall not be conditioned upon the sale of such Home. Accordingly, a mortgage commitment received hereunder shall be considered firm and unconditional notwithstanding the fact that it contains a condition requiring the sale of purchaser's Home prior to mortgage closing. The purchaser waives any such condition in order to induce seller to enter into this contract. The parties affirm under the penalties of perjury that the social security number listed below is correct. SOCIAL SECURITY NUMBER SOCIAL SECURITY NUMBER ogJ- 33- ~3¥~ I SOCIAL SECURITY NUMBER . ,(,' ,r ' cF "---, MAR~ON H. McCARTH~r ~ Policy NoS 12962~5 SCHEDULE A Th. prum~ ,n whlch th~ ~n~ured has the ~ta~e or Mterest covered by fh[i policy ALL that certain plot, piece or parcel of land, with the buildings thereon erected, situate, lying and being in the To%a~ o~' Southold, Suffolk County, New York, known and designated as Lol 23, 2~; and the westerly one-half of Lot 22, inclusive in Block H, as sh~m on a certain map entitled, "Map of Reydon Shores, Inc., Bayview, Lon~Z Island, Hca; Yo~'k," in the To~nof S>)uthold, Suffolk County, New Yorkn, made July 22, 1930 by Daniel H. Young, P.E. & L.S., and filed in the Suffolk County Cl?rk's Of~fice in Riverhead, New York on July 1, 1931 as Map No. 631, said lot= and part of lot when taken together as one parcel are more particularly bounded and described as follows: DEGINNING at a mon~aent on the southerly side of Grove Drive, distant 13.8 feet ~esterly as measured along the southerly side of Grove Drive £rom the point where the division line between Lot #22 and lot ~921 on the above mentioned nmp intez'sects the southerly side of Grove Drive; i{UNNIilG THENCE South 20 degrees 09 minutes 20 seconds West 154.75 ~'ee't ~o land of Beach; TI!ENCE North 69 degrees 48 minutes 40 seconds West along said last mentioned land 136.10 feet to a monu~aent on the easterly side of t{eydon Drive; 'z'iIEHCE Northeasterly, nortl~erly, northwesterly, northerly and northeasterly along the southeasterly, easterly, northeasterly ~ides of Rcydon Drive and along the southerly side of Grove Drive %0 a men,cent where the division line between Lots /~23 and 24 on the above mentioned map inter~ects the southerly side of Grove Drive, said lines of curves being connected by a tie line course of North 51 deg~'ees O0 minutes 30 seconds East 185.09 feet; THENCE along the '~outherly side of Grove Drive, on a tie line c0urse of South 63 degrees 58 minutes 50 seconds East, a distance of 41.4o feet to the point or place of BEGINNING. APPOI~TION- MENTS: WATER METER READINGS: ALLOWANCE FOR UNPAID TAXES, ETC.: USE OF PURCHASE PRICE TO PAY ENUUM- BRANCES: AFFIDAVIT AS TO JUDGMENTS BANKRUPT- CIES: DEED TRANSFER AND R~?ORDING TAXES: PURCIIASER'S LIEN: SELLI'R'S INABILITY TO CONVEY LIMITATION OE LIABILITY: CONDITION OF PROPERTY: ENTIRE AGREEMENT: CHANGES MUST BE IN WRITING: SINGULAR ALSO MEANS PLURAL: ~~e ~..t!o_ned as of midnight of the day before the d~i~f CLOSING ' ' ' ' ' . (d) Taxes, water charges and sewer rents, on the basis of the l~e~period for which assessed. (e) Fuel, if any. (0 If CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shah be upon the basis of the old tax rate for the preceeding 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 shah furnish a reading to a date not more than thirty (30) days before CLOSING date and t he unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last read lng. 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, together with any interest and penalties thereon to a date not less than five (5) business days after CLOSING, provided that official bills therefor 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 PURCHASER and required by it to assure its discharge, but only if the title insurance company will insure P · URCHASER S t tie clear of the matter or insure against its enforcement out of the PREMISES. Upon request, made within a reasonable time before CLOSING, the PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. 17. If a title examination discloses judgments, benkruptcies or other returns against persons having names the same as or similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not against SELLER. 18. At CLOSING, SELLER shall deliver a rdh'Xit~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 of the contract by 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 ail charges made for: (i) examining the title, (ii) any appro- priate 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 cancelled, and neither SELLER nor PURCHASER shall have any further rights against the other. 21. PURCHASER has inspected the buildings on thetPREMISES and the personal property included in this sale and is thoroughly acquainted with their condition. PURCHASER agrees to purchase them"as is'" and in' their' present condition' ' subject to reasonable use, w~ar, 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 understandings and agreements between SELLER and PURCHASER are merged in this contract. It com- pletely 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 be changed or cancelled 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 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 reql~ire it. In Presence Of: · PFACE f~ ,/./ /__.___. [- MAS J. T' .~---,, ' . MARION H. McCARTHY TM ~7~ OVER STATE OF NEW YORK, COUNTY OF ss: On Ibc day of 19 , before me lo nit known to be tile individual described in and wbo. executed lhe foregoing inslrulnent, and acknowledged that execuled the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me to mc known, who, being by mc duly sworn, did depose and say that lie resides at No. . the corporation described in and which executed the foregoing instrument; that he knows tile seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order ol Ibc board of directors of said corporation, and that he signed h nanle thereto by like order. STATE OF NEW YORK, COUNTY OF ss: On Iht day of lq , before me to me known to be the individual described m ami who execuled tile forego ng strument, anti acknowledged that executed the sanle. STATE OF NEW YORK, COUNTY OF On tile day of 19 personally came to me known and known to me to be a partner in and who executed the foregoing instrument in the partnership duly acknowledged that he executed the foregoing instrument for and on behalf of said partnership. ('losing the 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 1 9 Dated, 19 For value received, the within contract aod all the right, title and interest of the purchaser thereunder are hereby assigned, and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Purchaser ,4 ssignee of Purchaser TII Lli NO. (gantrart af ale Section Block Lot County or Town Street Numbered Address PREMISES Recorded At Request of American Title Insurance Company RETURN BY MAIL TO: 'Fo: Zip No. STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by american title insurance company TOCah"THF..R with all~l~t, title and interest, if any, of the party firs( part in and to any streets and roads abutting the abo~esctibed premises to the center lines thereof, TOC~'I'I'IHR with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE: AND TO HOLO the premises I~erein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, cOvenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cOst of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. ' The word "party" shall be cOnstrued as if it read "parties" whenever the sense of this indenture so requires. IN ~ Wl.{F..RF..Oi~, the party of the first part has duly executed this deed the day and year first above written. ~N PRESENCE OF: ~A~ ~f NIW YOU. COUNTY OF SUFFOLK u: the ~ ~7 ~ Ma~ ~77, ~fom ~ ~Y ~ Matthew McKie~an and ~osephine McKie~an ~ ~o~ to ~ ~e i~d~ d~ in ~d w~ ~t~ ~ foxing in~t, ~d ?~wl~ ~t ~ WALTER O, KA~ ~O~AR~ pUBLiC. State el New ~ No, 52-2034700 Residin~ in Sutlclk Coun~y Term [x~ires ~arch 3B tul~ STATI OF NEW Y~RK. COUNTY OF se, On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the , the corporation described in a~d which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STAll OF NIW volJr~ COUNTY Of SUFFOLK ~ On the '~'~'~day of ~y 19 77, before~me personaZlye'~me Harvey W. Peace and Jene C. Peace m me ~wn to ~ t~ in~vid~ de~ri~ in and who ~t~ ~e forgoing inst~ent, and ~wl~ged t~t /WALTER O. KAP~ NOTARY pUBLtC. State cf New ~o~k HQ. 52,~03A700 Re~idin~ in Sulf~lk County STATI OF NEW YORK. COUNTY OF On the day of 19 , before me )erscnally c. mae to me known, who, being by me duly swo,'n, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the se~l of said corporation; that the se~l affixed to said instrument is such corporate seal; that it was so affixed by order o! the board o{ directors o{ said corpora- tion, and that he sig~ed h name thereto by like order. ~,;lltl COVENANT AGAINS1 GRANIOR'S ~]S T,T~ No. 129 6295 Matthew McKiernan and Josephine McKiernan Te G. T, $ ¢T,oN 8o COT 17.1 X:~S~'X X~T. TOWN TO Harvey W. Peace and Jane C. Peace OF soUTHOLD MAY 3 RBTURN BY MAll, 'fO: ST,WOJJO IOKM O~ #lW YOI3C IOAsa O! TIIX! UNDISWIITIU THE TITLE GU,4RAJVTEE COMP,4.NT Starke and Gill, Esqs. 39-15 Main Street Flushing, New York 1135~ Zip No. and that the grantees hereby assume and covenant to pay such mor6gag~ debt and interest as part of the consideration for this conveyance. 1000 8O 17.1 CONSULT YOUR LAWYIR IIl~ SIGNING THIS INITRUMINT--THIS INSTRU[[tT. SHOULD II USiD BY ~DE~Ji~,,made Se ~"dayof /~,~ ,~neteenhundr~ ~d seven'fy-seven, B£T!~ MATTHEW McKIERNAN and JOSEPHINE McKI~NAN, his wife, both residing at 1200 Reydon Drive, Southold, New York 11971, ~rtyofthefirstpan,~d HARVEY I~. PEACE and JANE C. PEACE, his wife, both residing at 371 Wilma Circle, Riviera Beach, Florida 33404, party of the s~ond pan, M~NE$.Sla-I-H, that the pany of the ~rst part, in consideration of ............. .... TEN ....................... dollars, lawful moneyo~the United States. and other good and valuable consideration paid ~ the party of the second ~m, does hereby grant and release unto the party of the second pan, the heirs or succes~rs and assigns of the party of the second part b~ver, ALL that certain plot, pi~e or panel of land, with the buildings and improvements thereon erxted, situate, lying and ~ing in the Town of Southold~ Suffolk ~ounty, New York, known and designated ~s Lots. 23, 24 and the westerly one-half of Lot 22~ in- clusive in Bloca H, as shown on a certain map entitled, "Map of Reydon Shores, inc., Bayview, Long Island, New York," in the Town of Sauthold, Suffolk County, New York", made July 22, 1930 by Daniel R. Young, P.E. ~ L.S., and filed in the Suffolk County Clerk's Office in Rlvcrhead, Mew York on July 1, 1931 as Map No. 631, said lots and part of lot when taken together as one parcel are more particularly bounded and described~as follows: BEGINNING at a monument on the southerly side of Grove Drive, distant 13.8 feet westerly as measured along the southerly side of Grove Drive from the point where the division line between Lot ~22 and Lot #21 on the above mentioned map intersects the southerly side of Grove Drive; R~NING THENCE South 20 de,tees 09 minutes 20 seconds West 15~.75 feet to land of Beach; THENCE North 69 degrees 48 minutes 40 seconds West along said last mentioned land 136.10 feet to a monument on the easterly side of Reydon Drive; THENCE Northeasterly, northerly, northwesterly, northerly and northeaztcrly along the southeasterly, easterly, northeast~.ly sides of Reydon Drive and along the southerly side of Grove Drive to a monument where the division line between Lots #23 and 24 on the above mentioned msp intersects the southerly side of Grove Drive, s~ld lines of curves being connected by a tie line course of North 51 demrees O0 minutes 30 seconds East 185.09 feet; THEN. CE along the c'cutherly side of Grove Drive, on a tie line course of South 63 degrees 58 minutes 50 seconds East, a distance of 41.~0 feet to the point or place of BEGINNING. The conveyance hereunder is subject to a certain mortgage execut- ed by Matthew McKiernan and Josephine McKlernan, his wife, as mortgagor: to Southold Savings Bank as mortgagee, which mortgage is dated December ~23, 1972, and was recorded on December 29, 1972, in the Office of the Clerk of the County of SuffolX, in liber 6595 of mortMages, at page 283, and on which mortgage there ia now due the s~um of $31,218.07 with interest thereon at the rate of 7~ per cent per annum from May 2, 1977, A-C A-C SOUTHOtD BAY / \ \ \ \ 2UBI,IC .L~.A~,~ 7:45 P..H., Ap. peal ~o. 299 - ~ a~11- 303. ~1~, ~r~ .~=~, ~n ~s, S~hold, ~ Y~. Fee ~15. T~E C~L%~= ~ the~e anyone ~res~t ~ho wishes ~o speak fo~ ~hJ~ a~011catton? T~E C~"u-"~: Is thexe anyone l~res~nt ~o w~shem to s~eak against this a~pl!catb0n? (There v~m no response. ) ~ C.~XPJ~: Parcel X ~mnststs of lots 20, 21 an~ 1/2 0£ 22, w~at does p~rceX IX consist of, lo~s 1/2 o£ 22~ 23 and ~. ,~PP= ~nat is correct. Are there any other questions? (There ~ms no =esponse. ) Southold To~n ]3oa~d o~ App~al~ ,-~- August 9, 1960 Remolut~on ,was off.red b~ l,=. ROSm~erg, seconded w~d ~ ~ ~r~ ~ ~l~t ~d ~ent a~a ~e f~n~ ~ le~ ~ 100 f~ ~ ~e ~d ~uld not ~ ~ed b~ ~L ~o~ ~d ~e 1~11y es~l~ ~ ~t~d ~e of p~ ~d adjacen~ u~ ~s~c~ ~ld no~ ~ ~d ~e ~t of ~e lo~ ~n aeon S~S ~s o~ less ~ 100 ~., ~orefor~ ~ ~t ~SOLVED that ~h~s ap~licat£on ~e granted a~ applXed for. Parcel [~- Lots 20, 21, and % o£ 22. Siz~ 69. 05 f~mtage on Grove drive, rear 99.0 ft., d~th 154.75 ft. and 164.59 121.4 frontage, xeax 136.1 on Rel~O~, V~t~ of ~he ~d~ Ayes:- Roee~erg, and ~r. 23, and ~4. $/~ze, appropriately depth 154.75 and 175 ft. approx. ~P~-?e ~R~I~G~ 8~00 P.M., A~al k;o. 29"/ - t~on a~ll- ~t~ of ~les ~ Flo~ Z1~1~, ~y A~e, ~ ~rion, ~~, ~icle ~=~, S~on 360, ~e~ 2, for ~m~s~cn ~ ~ ~ ~'~. w. ~'~a~, cast ~ EraSer, s~ by ~ ~, ~ ~S2 ~ W. W. Wa~. Fee ~d $15.00. The ~ha~r~an opened the hearing by reading notice of dis- a~l~coval ~ued by ~/~e Bu/ld~ng ~s~tor, applicon for a ~o X~ ~X~tXon ~ ~e office1 n~z. 5o-~4___~671 5 6 (~ 12o0 REYDON DR. SOUTHOLD, NY 11971 __].9 ~r,0 ~Oa~O~5~ ,.?'~,,,O0~ O5~ COUNTY OF SUFFOLK [ .... SOUT~OLD~_ ....... .TOWN CLERK v ' TOWN OF SOUTHOLD Suffolk County, New York Phone 516-765-1801 Southold, New York 11971 44848 Date ~L ~-~C 19 ~'~ --~ Dollars $ /~ Judith T. Terry, Town Clerk ~,OARD OF APPEALS, TOWN OF SO_UTHOLD In the ~ldttcr O[ the Petition of JANE C. PEACE f__othe 8oard of_A. ppeJ s of the Town of TO: Anthony Pagoto & Others NOTICE '"' TO ADJACENT PROPERTY OWNER YOU ARE H£REBY GIVEN NOTICE: 1. Tt)az~iLi.~L~e intenlion of the undersigned to petition the Board of Appeals of the ]'own of Southold to request a ~5pc~ial Exception) (Special Pcrmit)-qC~cher) [circle choice] Variance 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribedas follows: 1200 Reydon Drive~ Southold, Neu York and more particnlar]y desi!,.nured on the , ut[o[k County Tax Map as District 1000 Section 80 Block 4 Lot 17.1 3. Thai lhe property which is the subject of such Petition is located in The following zoning district: 4 Tba(b~ such Peliti.n, [he undersigned will request (he following relief: variance for approw~l of exJs[inq concrete patio extension ($ 1/2 X 13 feet) to the original stoop with awning. Concrete extension has insut~ficient {font yard set back. 5. Thai the provisions of the Sc~othold Town Zoning Code applicable to the relief sought by Ihe under- signca are Arr-Lcle IliA Sect/on 100-30A.3 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of_way' 6. That within five days from the date hereof, a written Petition requesting thc relief specified above will be filed inlheSoutholdTown Clerk's Office at Main Road $outhold, New York and you may then and there examine the same during regular otficehours. (516) 7~5-1809. 7. Thai before the relief sought may be granted, a public hearing must be held on the matter by thc Board of Appeals; that a notice of such hearing must be published at least five days pr~'or to [he date of such hearing in the Suffolk Times and in thc Long Island Travcler-Mattituck Watchman, newspapers published in the Town of Soutbold and designated for the publication of such notices; that you or your representative have lhe right to appear and be heard at such hearing. Dated: October 282 1992 3ane C. Peace Post Office Address -- 1200 Reydon Drive Southold, New York 11971 Tel. No. (516 ) 765-3540 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAMI~ Anthony Pagoto & others PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS C/O Ber rani 1380 0akwood Drive, Southold, NY 11971 281 102 381 Receipt for Certi~-~Mail No Insurance Coverage Provided Do not use for International Mail (See Reverse) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) Donald M. McGayhey, Esq. , residing at 5 Wade Road, Shelter Island, New York , being duly sworn, deposes and says that on the 28th day of October ,19 92 , deponent mailed a [rue copy of [he Notice set forth on the verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresse~ of said persons as shown on thc current assessment roll of the Town of 5ou~hold; that said Notices were mailed a~e United 5~atcs Post Of- rice at Southold ; that said Notices w~e mail,to,ach of said persons by (certified) (~ m?l. · Notary Public J. KEVIN ~L~ ]HLIN I~otary Pubiic. State of New York Qua~Jned ii Ab;]y County ~y C~mmissJm E>:p;. s ~9;;... (This side'does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Mailer or the Petition of : JANE C. PEACE : to the Board of Appeals of the Town nf Southnld TO: Mc;~and Mrs. GeOrge L. Camille,1 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That il~Lthe inlention of the undersigned to pelition the Board of Appeals of Ihe Town Southold to requesta ~Special Exception) (Special Permit) (Other) [circle choice] of Variance 2. That Ihe property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: 1200 Reydon Drive~ Southold, New York and more particularly designated on the Suffolk County Tax Map as District 1000 Section 80 Block 4 Lot 17.1 3. That the properly which is the subject of such Petition is located in the following zoning district: District R-40 (Residential) 4 Thath~ such Petition, lheundersignedwillrequestlhefollowingrelief: variance for approval of existing concrete patio extension (5 1/2 X 13 feet) to the original stoop with awning. Concrete extension has insut~ficient front yard set back. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article IIIA Section lO0-3OA.~ [ ] Sectio, 280-A, New York Tow, Law for approva] of access over 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 Southo d, New York and you ma)' then and there examine the same during regu ar 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 of such notices; that you or your representative have the Town of Southold and designated for the publication right to appear and be heard at such hearing. Dated: October 21~ 1992 Jane C. Peace Petitioner Owners'Names: same as above. Post Office Address -- 1200 Reydon Drive Southold~ New York 11971 Te]. No. (516 ) 765-3540 [Copy of sketch purposes.] or plan Showing proposal to be attached for convenience PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAM~ ADDRESS Mr. and Mrs. George L. Camilleri 1068 Woodfern Tr., Hixon, Tenn. 37347 p 2&"I=~=1-~2 376 Receipt for C?tified Mail hl ,~urance (]~,verage Provided ; , ~everse) STATE OF NEW YORK ) COUNTY OF SUFFOLK) Donald M. McGayhey ,residingat 5 Wade Road, Shelter Island, New York 11964 , being duly sworn, dcposes and says that on the 21 day of 0c tober ,19 92 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite thc names of said persons are thc addresse~ of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at thc United States Post Of- ficcat Southold, New York ;thatsald Notices were mailed to-¢aeh~ of said persons by (certified) (registered) mail. Sworn to befoir~L~ ~ / JXEVIN Mc:UGHLI~ (This side does not have to be completed on form transmitted to adjoining property owners.) . THON1A$ HAP OF PBQPEi'?TY 5UFZVEYED J, ¢ MAEION l, I, McCAI-~¥Hy TOWN AT O^YV1 EW OF SOUTHOLD, NY, ~-~CALE- 20L I" AREA, i4,OO3 $,E (TO T~E UMES) LOT NO'S, BEFEI~ TO N$&.p OF rZEYDOkl SHO~l~l!~(:,, OL.OCM H "~ FILEP IM TIlE SUFF, O2, CLEI~I~JS_ O~PI=ICE _Tr'r,~_ ,_~._~II, ,7-~8- GUFF,' CO.TA× MAP DATA,_ ,. 1__0~3._0~__80- ~.- 17,_t TITLE MAP OF PF. LOPED..TY SU~V,EYED FO~ I"iATT!q E>,,,,/~JOSE' P~I N ~YV,I ~_w TOWN OF ,F_:O.UTHOLD, N,Y.. M:c t,K t EI~N'E N ~. ;~TOP~Y F~.HO, TITLE COMPANY 1272661 SCALE- 20': I bio NUhl:ENT CESSPOOL ~ - \V=LL ~0.0 FENCE AT LINE ,',. 99,00