Loading...
HomeMy WebLinkAbout4081APPEALS 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 ACTION OF THE BOARD OF APPEALS Appl. No. 4081. Upon Application of DR. PHILIP J. CENTONZE and MARILYN CENTONZE. Request for Special Exception to the Zoning Ordinance as authorized by Article VII, Section 100-7lB (2 & 7) for permission to establish first floor professional dental office, as permitted by Section 100-71B(2) and a second floor apartment not exceeding 750 sq. ft. livable floor area, as permitted by Section 100-71B(7). Location of Property: 5700 C.R. 48 (North Road), Mattituck, NY; County Tax Map No. 1000-140-2-11. Zone District: Residential-Office (RO). WHEREAS, a public hearing was held on March 5, 1992, at which time all those who desired to be heard were heard and their testimony recorded (see separate verbatim transcript of hearing); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, applicants request a Special Exception for the conversion of an existing principal dwelling structure, presently containing a total floor area of 1860 sq. ft., into a residential unit on the second floor containing 700 sq. ft. and a professional (dental office on the first floor containing 1160 sq. ft. 2. The premises in question is located along the south side of County Road 48 (North or Middle Road), Mattituck, in the Town of Southold, which premises is identified on the Suffolk County Tax Maps as District 1000, Section 140, Block 02, Lot 11. 3. The subject premises is improved with a one and one-half story single family dwelling structure which is set back approximately 30 feet from the front property line, 53+- Pa~e 2 - Appl. No. 4081 Matter of DR. AND MRS. PHILIP J. Decision Rendered March 5, 1992 CENTONZE feet from the rear property line, and side yards at 8.8 feet at the easterly side and 30 feet at the westerly side. 4. The land in question contains a total lot area of 11,200 sq. ft. and a lot width of 75.00 feet along County Road 48. This parcel has been held in single and separate ownership according to the town's assessment and building records. Both the lot area and lot width are substandard in this Residential- Office Zone District. 5. The parking area has been designated on a site plan map prepared by Garrett A. Strang, R.A. dated January 29, 1992 for seven parking spaces in the rear yard area. Screening and other site plan elements will be addressed by the Southold Town Planning Board under the site plan application pending at this time. 6. For the record, it is also noted that: (a) this Board has granted approval of the substandard lot size, as exists, in this R-O Zone District to authorize two principal uses under Application No. 4082; (b) the Master Plan revisions adopted on January 10, 1989 re-zoned the subject premises to Residential-Office, and the although the size requirements for new parcels in this zone has increased, the size of this parcel has not been directly affected since it has been held in single-and-separate ownership, and there has been no literal change in the dimensions or lot lines of this parcel which would affect the circumstances of the revised master plan amendments; (c) this Board has received communications from the Southold Town Planning Board indicating that they have reviewed the plans and have determined that a handicapped parking space in compliance with the new American Disabilities Act must be shown together with any proposed sign and {outside} lighting facilities. 7. Article XXVI, Section 100-263, sub-paragraphs A through F of the Zoning Code provides several standards, which standards the Board Members have considered concerning both uses, (professional dental office areas on the first floor and residential unit on the second floor) in this Special Exception application. 8. Other considerations by the Board were also given, among other things, to sub-paragraphs A through P of Section 100-264. 9. It is the position of this board that the uses requested under this Special Exception has met the requirements ~d~e 3 - Appl. No. 4081 Matter of DR. AND MRS. PHILIP J. Decision Rendered March 5, 1992 CENTONZE as to burden of proof (standards under Article XXVI, Section 100-263), all as stipulated by the ordinance under Article IX, Section 100-91B, subsection 7, for an apartment over a professional office. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Special Exception for professional office use on the first floor, and for a single-family residential apartment unit on the second floor, as applied in the Matter of the Application of DR. PHILIP J. AND MARILYN CENTONZE (contract vendees). Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. lk RECEIVED AND F v IL~D BY THE SOUTHOLD TOWN CL'ffff~ Tow~ Cler~, ToWn of Southold 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 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 Southold Town Hall, New York 11971, on THURSDAY, MARCH 5, times specified below: 53095 Main Road, Southold, 1992 commencing at the (1) 7:30 p.m. Appl. No. 4075 - MICHAEL HERBERT. Variance (hearing reconvened). For permission to establish business sales office in addition to existing uses as an owner-occupied two-family dwelling with manager's quarters. The lot area applicable to each use in this Hamlet-Business Zone District is 20,000 per unit/use. The lot as exists is nonconforming for the existing principal uses having a total lot area of 20,129+- sq. ft. Location of Property: 795 Pike Street, Mattituck, NY; County Tax Map Parcel No. 1000-140-2-23. Page 2 - Legal Not Hearings for March 5, 1992 Southold Town Board of Appeals (2) 7:35 p.m. Appl. No. 4083 - LEONARD AND DONNA SCH~EGAL. Variance to the Zoning Ordinance, Article XXIII, Section 100-231, for approval of fence exceeding the maximum four-foot height requirement in the front yard area and located along the northerly side property line. Location of Property: 1475 HomePike Road, Mattituck, NY; also shown on the "Map of Point Pleasant" filed in the Suffolk County Clerk's Office on May 17, 1916 as Map No. 720, filed Lot Nos. 13, 14 and part of 12 (containing 2.563 acres pf total lot area); County Tax Map Parcel ID No. 1000-114-1-5.1. (3) 7:40 p.m. Appl. No. 4071 - JOSEPH F. BARSZCZEWSKI, J.R. Variances to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to reduce setbacks, and Article XIV, Section 100-142, for lot coverage at more than thirty (30%) percent of the total lot area. Applicant/owner is proposing to locate a proposed principal storage building in this Light Industrial (LI) Zone District and will be required to obtain approval from the Southold Town Planning Board concerning the site plan regulations applicable for this nonconforming lot. Location of Property: 145 Kerwin Boulevard, Greenport, NY; Map of Peconic Bay Estates, Lot No. 176; County Tax Map ID No. 1000-53-2-9. (4) 7:50 p.m. Appl. No. 4084 - MARY C. BRENNAN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for Page 3 - Legal NotiW Hearings for March 5 , 1992 Southold Town Board of Appeals approval of open porch (deck with roof) replacing previous deck structure, with an insufficient rear yard setback and lot coverage at more than twenty (20%) percent of the total lot area. This parcel of land is located in the R-40 Zone District and is nonconforming as to lot area (containing 3201 sq. ft.), width at 45 feet, and lot depth at 71.41 feet. Location of Property: 319 Champlin Place, Greenport, NY; County Tax Map Parcel No. 1000-34-3-41. (5) 7:55 p.m. Appl. No. 4074 - AMAC, INC. (Sukru Ilgin) for a Variance to the Zoning Ordinance, Article X, Section 101B(12) and Section 100-102, Bulk, Area and Parking Schedule, for permission to establish retail sales of packaged food and non-food items as usually found in a convenience store, as an accessory to the existing gasoline service station, eliminating the service and repair areas (which were conducted in the existing bay areas of this one-story building.) Subject premises is nonconforming as to total lot area and depth in this "B" General Business Zone District. Location of Property: 7400 Main Road, Mattituck (Laurel School District), NY; County Tax Map Parcel No. 1000-122-7-1. ~(6 and 7) 8:00 p.m. DR. PHILIP J. CENTONZE and' MARILYN ~ .CENTONZE - regarding premises known as 5700 North Road (County< Road 48), Mattituck, NY; County Tax Map Parcel No. ~ 1000-140-2-11. Applicants, as contract vendees, are requostin~. Page 4 - Legal NotiW Hearings for March 5 Southold Town Board of , 1992 Appeals (a) Appl. No. 4082 - Variances to the Zoning Ordinance, Article VII, Section 100-72 for approval of the nonconforming area of the lot area for the establishment of two principal uses by the addition of a professional dental office on the first floor, and retaining livable floor area on the second floor (for a single-family dwelling unit), all within the existing structure. The lot area applicable to each use in this Residential-Office (RO) Zone District is 40,000 sq. ft. lot is nonconforming as to area and width. This (b) Appl. No. 4081 - Special Exceptions to the Zoning Ordinance, Article VII, Section 100-71B(2 & 7) for permission t~ establish first floor professional dental office, as permitted by Section 100-71B(2), and a second floor apartment not exceeding 750 sq. ft. livable floor area, as permitted by ..... Section 100-71B(7). (8) ~ Appl. No. 4076 - FUTURE SCREW MACHINE PRODUCTS (MR. AND MRS. WARREN E. HUFE, JR.) Variance to the Zoning Ordinance, Article VIII, Section 100-82 for approval of an addition, for storage purposes only, having an insufficient setback from the westerly side property line. Subject premises is a nonconforming lot located in the Light Business (LB) Zone District. Location of Property: North Side of County Road 48 and the Westerly Side of Kenny's Road, Southold, NY; County Tax Map Parcel No. 1000-59-7-33. Page 5 - Legal Not Hearings for March 5, 1992 Southold Town Board of Appeals (9)~Appl. No. 4068 - ELEANOR SIEVE ance to the Zoning Ordinance, Article XXIII, Section 100-239 and Article III, Section 100-32, Bulk, Area and Parking Schedule, for approval of the upland area of proposed Lot 91 (79,449 sq. ft.) and proposed Lot #2 (74,568 sq. ft.), and for approval of the insufficient width of proposed lot #2 (73.37 ft) along Cox's Neck Road {a/k/a Cox Lane}. This project is a Minor Subdivision Application also pending before the Southold Town Planning Board. Location of Property: Easterly side of Cox's Neck Road, Mattituck, NY; County Tax Map Parcel No. 1000-113-8-5, containing a total of 3.765 acres. The Board of Appeals will at said time and place hearing 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: February 13, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies have been forwarded to the following on or about 2/14/92: L.I. Traveler-Watchman, Inc. Times-Review Marie Ongioni, Esq. (Attorney for Michael Herbert) Mr. and Mrs. Leonard Schlegal Mr. Joseph F. Barszczewski, Jr. Paul A. Caminiti, Esq. (Attorney for Mary C.. Brennan) Mr. Garrett A. Strang, R.A. (for AMAC, Inc. and Centonze) William D. Moore, Esq. (Attorney for Future Screw Machine/Hufe) Anthony Salvatore, Esq. (Attorney for E. $ievernich) Individual Files and Board Members FORM NO. 3 TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To a ~.lt.. :s.'r,~,~...~: .......... . .~.~ .x. ! .4J..~. ......................... · .~...~¢2.L. ,..~.¥,../?. v.~. ~ ....... PLEASE TAKE NOTICE that your app i.cation dated ¢~ County Tax Map No. 1000 $~ction .../.~¢. ...... ~lock ..... ~. ~ ..... Lot . [] ........... Subdivision ................. Filed Map ~o ................. Lot No .................. is returned herewith and disapproved on the following grounds .~'~.~ .~.~.~ · ~ . . I , ~. . " ' ~:. ' ~Y~ ...... ~~a .~.~ .. . , .... , .... ........ ..................... Building Inspector RV 1/80 So~h~ld T~wn Clerk FOWN OF SOUTHOLD, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: Application No. ~d~>-[ Date Filed: //~.?/~__ I (~), Garrett A. Stranq for Centonze of Main Road P.O.Box1412 (Residence, House No. and Street) Southold, New York 11952 (Hamlet, State, Zip Code, Telephone Number) hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE vii , SECTION 100-71 , SUBSECTION B-2&? for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale): First Floor Professional Office Second Floor Apartment (Dental) A. Statement of Ownership and Interest. CoDtract vendee Dr. Philip Centonze as Contract Vendee is(a~e) the xm~e~xof property known and referred to as 5700 North Road (C.R.48) Mattituck~ (House No., Street, Hamlet) identified on the Suffolk County Tax Maps as District 1000, Section 140 , Block 02 , Lot(s) 11 , which is not (i~m) on a subdivision Map (Filed .~ , "Map of "Filed Map No. ~ , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on Contract date 12/16/9t. B. The applicant alleges that the approval of this exception would be i'~'"~rmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: Both professional office and apartment are eligible for special exception consideration by the zoning ordinance. The area is mixed use of residential, commercial and industrial. Proposal is compatiable with surroundings. C. The property which is the subject of this application is zoned R-O [ ×] is cc)n$i~te, nt with the use(s) described in the Certificate of Occupancy being furnished herewith. L ] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): and [ ] is vacant land. COUNTY OF SUFFO, ) STATE OF NEW YORKi ss.: . / /' ~ornJto b~f~e~th~ s '~ da~ of~~ ZB2 (rev. 2/6/86) ~o. 52-~625897 Qualified in Suffolk County ~,~'-~" ,:-/,/a -A-- //.::TOWh OF $OUTHOLD PROPERTY RECORD CARD OWNER FORMER; OWNER ~,}nc~' ~o, 117..C.o t~ n RES.-~,/O' SEAS.' I : rvL LAND IMP. J ~o O AGE NEW NORMAL TOTAL IFARM DATE BUILDING CONDITION BELOW ABOVE FARM Acre Volue Per Value Acre Tillable i , Tillable 2 Tillable 3 VI LLAGE COMM. CB. MISC. Mkt. Value REMARKS ACR. ! / TYPE OF BUILDING Woodland Swampland Brushland House Plot Total FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK M. Bldg. Extension Extension Extension Porch Porch Breezeway Garage Patio O: B. COLOR TRIM Foundation Basement Ext. Walls Fire Place Type Roof Recreation Roon Dormer Driveway Bath Floors nter or Finish Heat Rooms 1st Floor Rooms 2nd Floor inette LR. FIN. MIDDLE ROAD ( C.R. 48) NORTH ROAD c~ N 4~' 12' 20# E 75.00' / ~ ~ / SURVEY OF ? : " PROPERTY // ~ ~ ,~ -~ ~ Scale 1" = 20 ~ ~' I ~ ~o~ ~ Aug. I0, 1988 I~1  CHICA~O TITLE ~ANCE COMPANY TITLE NO. 880~ - CENTERBANK MORT6A6E COMPANY STEVEN F. COHEN NANCY HALL COHEN #. N/O/F lC (~ BROWN MANUFACTURIN~ CO., INC. P. O. -B-OX 9O9 MAIN ROAD $OUTHOLD, N.Y. 1197i LIC. NO. 496 [8 Po C. 88- 492 COUNTY OF SUFFOLK Rober: J. Gaffne¥ Suffolk County Executive April 15, 1992 S:ephen G. Hayduk, P.E. Co~uuissioner. Town of Southold Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Bennett Orlovskl, Jr. RE: C.N. 48, North Road - DR. PHILIP CEHTONZE Gentlemen: We have reviewed the above referenced site plan. Specifically note that: This Department's acceptancefo~'the To~n as lead. agency, pursuant to Part 617, Article 8 {SRORA), in no way waives the County's rights pursuant to 239K of the General Hunlclpal.Law and Section 136 of the Highway Law. A permlt from this Department Wlll be requlred pursuant to Section 136 of the Highway Law fo~ any improvements this Department.deems n6cessary along the County right-of-way. Before a permit is issued by this Department for these improvements, documentation pursuant to Sectlon 239k of the New York State General Municipal Law must be forwarded to us from the Town Building Department for our review and comments. Rebuild the exlstlng 15' wide access to a 24' wide drop curb to allow for two (2) way traffic. If you have any questions, kindly contact this offlce at 852-4099. Thank you for your cooperation in this matter. RJL/MPC/Jfb cc: Garet Strang, Architect Very truly yours, Richard J. LaValle, ~~ ,.~/_,....~g i n e e r , Permits Engineer PLANNING BOARD MEMBERS Bennctt Orlowski, Jr., Chairman George Ritchi¢ Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765- I g38 PLANNING ]~OARD OFFICE TOWN OW SOUT~tOLD April 28, 1992 Garrett A. Strang, Architect Main Road P.O. Box 1412 Southold, New York 11971 SCO'YF L. I~RRIS Supervisor Towa Ha/l. 53095 Main Road P.O. Bon ~179 Somho}d. Ne~ ~ork 11971 Fax (516) 76~,1823 RE: Site Plan for Dr. Philip Centonze SCTM#1000-140-2-11 Dear Dr. Centonze: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 27, 1992. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an coordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kennelh L. Edwards Telephone 15 [ 6) 765-1938 SCOTT L. HARRIS Supervisor Town Hail. 53095 Main Road P.O. Box 1179 Southold. New York I 1971 PLANNING BOARD OFFICE TOWN OFSOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Fax (516) 765-1823 April 27, 1992 This notice is issued pursuant to part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Site plan for Dr. Philip Centonze SCTM~: Location: 1000-140-2-11 5700 North Road (CR 48) Mattituck SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposed site plan is for an alteration of an existing two story residence into a professional office (dental) on the first floor with rental apartment on the second fl'oor. Page 2 Dr. Philip Centonze SEQR Negative Declaration Con't. Reasons Supporting This Determination: The project involves the alteration of an existing two story residence into a professional office (dental) on the first floor of the building, with a rental apartment on the second floor. The applicant has received a Special Exception from the Zoning Board of Appeals for these uses, thus the proposed action is consistent with zoning. The applicant will have to comply with the requirements of the Suffolk County Sanitary Code (SCSC) and all relevant standards of water supply and sewage disposal systems. Design and flow specifications, subsurface soil conditions, and site details will have to be approved by the Suffolk County Department of Health Services ($CDHS). This impact is not considered significant due to the anticipated project compliance with established requirements of the Suffolk County Sanitary Code (SCSC) and the Suffolk County Department of Health Services (SCDHS) and the required obtainment of the relevant permits. An environmental assessment has been submitted, reviewed and it was determined that n6 significant adverse effects to the environment were likely to occur should the project be implemented as planned. For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 CC: Suffolk County Department of Health Services Commissioner, NYSDEC, Albany Judith Terry, Town Clerk Southold Building Department Southold Zoning Board of Appealsj Applicant DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING March 30, 1992 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Co~mission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Centonze, Dr. Philip & Marilyn Centonze, Dr. Philip & Marilyn 4081SE 4082 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner (5[6) 853-5192 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 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 Purstu3nt to Az-ticle XIV of the ~3.ffolk County A(~Li_nistrative Cc~te, The Board of Appeals of the ~%~wn of Southold, New York, hereby refers the following tx) t_he Suffolk O~unty Plating Cxaat%ission: xx Variance from the Zoning Code, Article vii , Section 100-72 __Variance from Determination of Southold Town Building Inspector Special Exception, Article ~I , Section 100-71 __ Special Permit 4081SE & Appeal No: 4082 Applicant: Dr. Pb/lip Centonze as Con~act Vendee Location of Affected Land: 5700 Nortdh Road (C~Dunty Road 48), Mattituck, NY County. Tax Map Item N0.: ]000- 140-2-11 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Comments: office with al~t 'upsts/rs; and Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State'or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power PlantI __Within One Mile of an Airport Applicant is requesting permission.to est~ablisha professio~ bulk ~rea ~ parking variance ~opies of Town file Dated: 3/11/92 and related documents enclosed for your review. CENTONZE ~ 3 - Appl. No.~81 Matter of DR. AND MR~'PHILIP J. Decision Rendered March 5, 1992 as to burden of proof (standards under Article XXVI, Section 100-263), all as stipulated by the ordinance under Article IX, Section 100-91B, subsection 7, for an apartment over a professional office. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to GRANT a Special Exception for professional office use on the first floor, and for a single-family residential apartment unit on the second floor, as applied in the Matter of the Application of DR. PHILIP J. AND MARILYN CENTONZE (contract vendees). Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. lk GERARD P. GOEHRINGER, ,'~HAIRMAN RECEIVED AND FILED BY TPLE SOUTHCLD TOV~N CLE~ilf Tovzn Clerk, Town of Southold 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 SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 119/1 Fax (516) 765-1823 Telephone (516) 765-1800 March 23, 1992 Mr. Garrett A. Strang, R.A. P.O. Box 1412 Southold, NY 11971 Re: Appl. No. 4081 - Dr. Phillip Centonze Dear Mr. Strang: Please find attached a copy of the Board's findings and determination rendered concerning the above application. Please be sure to return to the Planning Board concerning the site plan application (and subsequently to the Building Department your alteration permit or other approvals which may be necessary in this project). A copy of this determination has also been furnished this date to the Planning Board and Building Department for their update and permanent recordkeeping. Very truly yours, Linda Kowalski Enclosure Copies of Decision to: Suffolk County Department of Planning Southold Town Planning Board Southold Town Building Department APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigoni$, Jr. Serge Doyen, Jr. James Dinizio, Jr. Appeal No. 4081SE SCOTt L. HARRIS Supervisor BOARD OF APPEALS TOWN OF SOUTHOLD SE~RA UNLISTED ACTION DECLARATION Project Name: Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 5, 1992 Dr. Philip Centonze & Marilyn Centonze County Tax Map No. 1000- 140-2-11 Location of Project: 5700 CR 48, Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Establish first floor professional dental 'office and a second floor 9paz~nt 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 Environa~ntal Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { X} this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRAAction, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as b~oad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. NOTICE IS EN, 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, 53095 Main Road,/ Southold, New York 11971, on , THURSDAY, MARCH 5, 1992 commencing at the -times specified below: (I) 7:30 p.m. Appl. No. 4075- MICHAEL HERBERT. Variance (hearing reconvened). For permission to establish business sales office in addition to existing uses as an owner-~,-; occupied two-family dwelling with manager's quarters. The lot area applicable to each use in this Hamlet-Business Zone.. District is 20,000 per unit/us~.' The lot as exists is nonconfor- ming for the existing principal uses having a total lot area of 20,129+ sq. R. Location of Pro- perty: 795 Pike Street, Mat~/ tituck, NY; County Tax Map Parcel No. 1000.140-2-23. (2) 7:35 p.m. Appl. No. 4083- LEONARD AND DONNA SCHLEGAL. Variance to the Zoning Ordinance, Article XXIII, Section 100-231, for ap- proval of fence exceeding the maximum four-foot height re- qui~ments in the front yard area/~ and located along the northerly side property line. Location of Property: !475 HomePike Road, Mattituck, NY; also shown on the "Map of Point Pleasant" filed in the Suffolk County Clerk's Office on May 17, 1916' as Map No. 720, filed Lot Nos. 13, 14, and part of 12 (contain- ing 2.563 acres of total lot ama),;/ County Tax Map Parcel ID No. 1000-114-1-5.1. (3) 7:40 p.m. Appl. No 4071- JOSEPH F. BARSZCZEWSKI, JR. Variances to the Zoning Or- dinance, Article XXIV, Section 100-244B, for permission to reduce setbacks, and Article XIV, Section 100-142, for lot coverage at more than thirty/' (30%) percent of the total lot area. Applicant/owner is pro- posing to located a proposed principal storage building in this Light Industrial (LI) Zone District and will be required to obtain approval from the Southold Town Planning Board concerni~)g the site plan regula- tions applicable for this noncon~,, forming lot. Location of Pro- percy: 145 Kerwin Boulevard, Greenport, NY; Map of Peconic *,, Tax Map ID No. 1000-53-2-9. (4) 7:50 p.m. Appl. No. 4084- MARY C. BRENNAN. Variance to the Zoning Or- dinance, Article IliA, Section 100-30A.3, for approval of c porch previous deck structure, with an insufficient rear yard setback and lot coverage at more than twenty (200/0) percent of the total lot area. This parcel of land is located in the R-40 Zone District and is nonconforming as to lot area (containing 3201 sq. ft.), width at 45 feet, and 1o~ depth at 71.41 feet. Location of Property: 319 Champlin Place, Greenport, NY; County Tax Map Parcel No. 1000-34-3-11. (5) 7:55 p.m. Appl. No. 4074- AMAC, INC. (Sukru llgin) for a Variance to the Zoning Or- dinance, Article X, Section 10lB (12) and Section 100-102, Bulk, Area and Parking Schedule, for/ permission to establish retail sales of packaged food and non- food items as usually found in a convenience store, as an ac- cessory to the existing gasoline service station, eliminating the service and repair areas (which were conducted in the existing bay areas of this one-sto~y building.) Subject premises is/ nonconforming as to total lot area and depth in this "B" General Business Zone District. Location of Property: 7400 Main Road, Mattituck (Laurel School District), NY; County Tax Map Parcel No. 1000-122-7-1. /"' (6 and 7) 8:00 p.m. DR.~ [ PHILIP J. CENTONZE and]/ / MARILYN CENTONZE regarding premises known/as r) 5700 North Road (County Rc~ 48), Mattituck, NY; County Ta~ Map Parcel No. 100-140-2-11.\ Applicants, as contract vendees, are requesting: ~" (a) Appl. No. 4982- Variances to the Zoning Ordinance, Arti- cle VII, Section 100-72 for ap-/' proval of the nonconforming area of the lot area for the establishment of two principal uses by the addition of a profes- sional dental office on the first floor, and retaining livable floor area on the second floor (for a single-family dwelling unit), all within the existing structure. The lot area applicable to each use/' in this Residential-Office ~RO) · Zone District is ~40,~00' This lot is nonconforming as to area and width. (b) Appl. No. 4081- Special Exceptions to the Zoning Or- dinance, Article VII, Section 100-7lB (2&7) for permission to establish first floor professional dental office, as permitted by.~ Section 100-71B(2), and a se- cond floor apartment not ex- ceeding 750 sq. ft. livable floor area, as permitted by Section 100-71B(7). (8) 8:15 p.m. Appl. No. 4076- FUTURE SCREW MACHINE PRODUCTS (MR. AND MRS. WARREN E. HUFE, JR.) Variance to the Zoning Or-,,/ dinance, Article VIII, Section 100-82 for approval of an addi- tion, for storage purposes onlp, having an insufficient setback from the westerly side property line. Subject premises is a non- conforming lot located in the Light Business (LB) Zone District. Location of Property: North side of County Road 48/ and the westerly side of Kenny's Road, Southold, NY; County Tax Map Parcel No. 1000-59-7-33. (9) 8:20 p.m. Appl. No. 4068- ELEANOR SIEVERNICH. Variance to the Zoning Or- dinance, Article XXIII, Section 100-239 and Article III, Section 100-32, Bulk, Area and Parking,.,~ Schedule, for approval of the upland area of proposed Lot #1 (79,449 sq. ft.) and proposed Lot //2 (74,568 sq. ft.), and for ap*- proval of the insufficient width of proposed lot g2 (73.37 ft.) along Cox's Neck Road (a/k/a Cox Lane). This project is a Minor Subdivision Application also pending before the/'~ Southold Town Planning Board. Location of Property: Easterly side of Cox's Neck Road, Mat- tituck, NY; County Tax Map Parcel No. 1000-113-8-5, con- taining a total of 3.765 acres. The Board of Appeals will at . said time and place hear any and all persons or representatives I 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: February 13, 1992. BY ORDER OF THE SOUTHOLD TOWN/ BOARD OF APPEALS GERARD p. OOEHRINGER CHAIRMAN By: Linda Kowalski IX.2/20/92(4), J COUNTY OF SUFFOLK STATF. OF NEW YORK SS: Pa'tricia Wood,' being duly sworn, s~vs that she Es Editor, of THE LONG ISLAND TRAVErSER-WATCHMAN, ;I public newspaper primed at Soulhoid, in Suffolk County; and Ihat the notice of which thc annexed is a printed copy, has I)uer'~ .pul)lisl',ed in said Ii{)l'iR lSlnr',cl Traveler-W;uclm.,;m once e~cl', week for. .................... ./. .... 'weeks successively, commencing on tile 5;',yom Io heNn'e mc · ' .................... ~ebruary ] 99.2., Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Sl~.te of New York No. 480G846 Qualilied in Suffolk CoLJnty/ Commission Expires ~//3///?.~. NOTICE OF HEARINGS NOTICE IS I IEREBY GIVEN. pur- fo~e the SOLrH IOLD TOWN BOARD New york 11971, on T IURSDAY,/' MARCH 5, 1992 commencing at thc times specified below: (1) 7:30 p.m. AppL No. 4075 -- (hearing rceonvened), For petrols- dwelling with manager's qua~Ze~s_._ ~ uek NY also shown on thc Map ~ (ti) Zone District and will be (20t~o) percent of the total lot area. ~pm Appl. No. 4074 -- INC. (Sukru Ilgin) for a X. Section 101IT(12) and 100-102, Bulk, Area and Parking Schedule, for permission/ Io establish retail sales of packaged food and non-food items as usually found in a convenience store, as an accessory to thc existing gasoline service station, eliminating thc of this one-story building.) Subject tPortal lot area and depth in this B'~~ General Business Zone District. Lo- cation of Property: 7400 Main District), NY; County Tax Map~ (6 and 7) g:00 p.m. DR. PIIILIP J. CENTONZE and MARILYN CI.iN- TONZE regarding rcmtses known as 8700 North Road [ (County Road 48), Ma Connty Tax Map Parcel No. 1000- STATE OF NEW YORK'} ) SS: COUNTY OF SUFFOLK') ~,~/q ~ c":'7~,~::: C- / ~.~_~ _ of Mattituck, In said County, being duly sworn, says that he/alto is principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck, in the Town of Southold, County of Suffolk and State of New Yoflt, and that the Notice of which the annexed b a I~lntad copy, bas been regularly published in said Newspaper once each week for / weeks successively, commencing on the _ ,,~c~ . day of 140-2-L1. Applicants, as contract vendees, are requesting: 3 ,o c o,ring Ord',,ance (a) AppI. No. 4082 ~ Variances thc nonconfonniu~ area of ~ katafm area for thc estalilishmcnt of IW( Sw0m ,-- ......... first floor, and rcaning livablc ' [~ f fl~r ares on c second flor (for a single-family dwelling unh). ali to thc Zoning Ordinance, within thc existing st~cture. ']he XXT~, Scctinn 100-239 and lot area applicable to each usc in this RcsidenLial-Offic¢ (Re) Zone District is 40,000 sq, fl. This lot is nonconforming as lo area and (b) AppL No. 4081 -- Spuci Exceptons to the Zoning OMi- fence. Arlicle VII, Section 100- ~71B(2 & 7) for permission to establish first floor professional~ lion 100-71B(2). and a second permitted by Section I00-71B(7)..~, (g) 8:15 p.m. AppL No. 4076~ FUTURIi SCREW MACIIiNB PROI)UCTS (MR. AND MP.S. WARREN E. IIUFF.. JP..) Variance to the Zoning Ordinance. Article ck from the westerly side prop- fly line. Subject premises is a ,ight Business (Lll) Zone District, .ocation of Property: North Side of HI, Section I00-32. Bulk Area and ~arking Schcdulc, for approval of he upland ar~a of proposed Lot #I ~79,449 sq. ft.) and proposed Lot ~2 (74,568 sq. ft.), and for ap- proval of the insufficient width of proposed lot #2 (73.37 ft.) along Cox's Neck Road {a/k/a Cox Lane}. This projccL is a Minor Subdivision Application also pending before the Southold Town Planning Board. Location of Pro.early: Easterly slde of Cox's Neck Road, Maltituck, NY; County Tax Map Parcel No. 1000-113-8-8, containing a total of 3.765 acres. 'lhe Board of Appeals will at said lime and place hearing any and all persons or representatives dcsirin~ Io be heard in the above matters. ~)¥ritten comments may also be submiHed prior Io the conclusion of thc subject hearing. Each hearing will not slart before the information, please call 765-1809 or visit our office. Dated: February 13, 1992. B Y ORDER OF 2] IE SOUTIIOI.D TOWN IIOARD OF AI)PI';ALS GERARD I). GOEIIRINGER el IAIRMAN By Linda Kowalski 7294- I TF20 APPEALS BOARD MEMBERS Gerard P. Gochringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 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 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 eopy 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 Page 17 Public Hearing--Centonze Southold ZBA 3/5/92 APPEAL # 4081SE and 4082 Applicant (s): Dr. Philip J. Centonze and Marilyn Centon~e Location of Property: 5700 North Rd. (County Road 48) Mattituck, NY County Tax Map # 1000-140-2-11 The Chairman opened the hearing at 8:17 p.m. and read the notice of hearing and application for the record. CHAIRMAN GOEHRINGER: I have a survey produced by Garrett Strang architect indicating the changes from a dwelling to a dental office on A-1 of this copy dated February 26, 1992. And the existing second floor will probably remain almost exactly the same except there would be a kitchen placed, I assume, on the second story of this structure, dwelling. And I have a copy of the Suffolk County Tax map indicating this and surrounding properties in the area. Again Mr. Strang. MR. STRANG: This is a joint application one for a special exception as. well as for a variance. I guess quite a few of the points that apply to one, apply to'both and many things that I will be saying here will be applicable to both aspects of this application for both actions--the Special Exception and the Variance. Again the subject lot of 11,200 sq.ft, is pre-existing and non-conforming in the residential-office zoning district. The site is presently developed with a two-story single family residence, which is included in this district. If the necessary approvals are granted, as per the application, the building will remain in its present size and configuration with exception to modifications mandated by law to make the building accessible to the handicap via a ramp at the primary entry. The proposed professional office as applied for is specifically listed as a use permitted by Special Exception in this zoning district. The proposed second floor apartment as applied for is also specifically listed as a use permitted by Special Exception in the zoning district to help address the year round housing needs of the hamlet areas. And if approved will be made in compliance with Section 100-91 B4 A-F as a condition for a Special Exception. Due to the pre-existing nonconforming lot area, strict application of the code, would prohibit my client from use of the property as he has intended and has been noted in the appeal. His present location, Dr. Centonze office location, is on the second floor of a building in Mattituck, which makes it difficult for some of his patients to gain access to the second floor due to the absence of an elevator in that building. In addition there is minimal almost no on-site parking available to his patients. His interest in the subject property is its location, ease of access from County Road 48, the ability to provide adequate parking, as well as making the first floor of the building easily accessible to th~ handicapped. The first floor area is adequate for his office needs and he is aware that the zoning district provides the consideration of his application as an approved use. This building, however, has a second floor which he could not use as his office without installation of an elevator, which would be totally impractical. Without the option of using the second floor as an apartment, the space would have to remain unutilized which Page18 Public Hearing--Centonze Southold ZBA 3/5/92 MR. STRANG: Con't. would create an economic hardship having had purchased the two-story building and being subject to taxes thereon. Since the immediate surrounding area is a mixed bag of residential, commercial, and industrial uses, it is our position that the proposed mixed use on this site will have no adverse affect on the character of the district. Furthermore due to the minimal nature of the activity created by the professional office and apartment we believe that the lot is of adequate size to support these uses. The parking required as shown on the site plan will be properly screened from neighboring properties and to assure same, as you are aware, will be subject to site plan approval by the Planning Board. It is our opinion that this application is in keeping with the spirit of the ordinance for which this zoning district was established. Finally, considering the Special Exception as applied for is again our opinion that all aspects of Section 100-263 A-F as well as Section 100-264 A-P have been met and or adhered to We will ask the Board is they will look favorably on this application to grant extended approval period in as much as several additional approvals must be attained and my client will not be in a po'sition to proceed with this project immediately. If the Board has any questions at this t~me~ CHAIRMAN GOEHRINGER: By that you mean, assuming that you get approval from here, you still have to get site plan approval is that what you are saying. MR. STR~N~: We not only need site plan approval, but we will need County Health Department approval and there is a myriad of steps through the Health Department to get that approval because again of the mixed use. CHAIRMAN GOEHRINGER: Do you need an additional curb cut from the County in reference to. MR. STRANd: That is still up in the air as to whether we will or can live with and use the existing curb cut as it is. I guess they will make the determination again, again based on the size of the parking in the minimal amount of traffic flow that will be generated by this use. CHAIRMAN GOEHRINGER: This house is a one-family structure right nOW. MR. STRANG: Yes it is. CHAIRMA~ GOEHRINGER: There is no facilities for the preparation of food on the second floor. MR. STRANG: Not at this time, no. The second floor is comprised of three (3) bedrooms and a bathroom. CHAIRMAN GOEHRINGER: be taken out. As is the same the kitchen downstairs would MR. STRANG: The kitchen downstairs would be removed. Page 19 Public Hearing--Centonze Southold ZBA 3/5/92 CHAIRMAN GOEHRINGER: For the record, I think this is probably one of the best plans I have ever seen in reference to mobility and movement. This of course is a relatively low traffic use in reference to its tendancy and I don't have any specific questions. I think that the site plan and everything you have furnished from my particular job is self-explanatory. I will ask the Board members is they have any specific quetions. MEMBERS: No. (Tape turned over) CHAIRMAN GOEHRINGER: Is there any one else who like to speak against the application. Seeing no hands, I make a motion closing the hearing reserving the decision until later. And we thank you both for coming in. MEMBER GRIGONIS: Second Transcribed by tapes recorded 3/5/92 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 FROM: DATE: RE: PLANNING BOARD OFFICE TOWN OF SOUTHOLD FEB I 81 t . SCrYrr L u-AP-P-!£ Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Gerard P. Goehringer, Chairman, Board of Appeals Bennett Orlowski, Chairman February 14, 1992 Dr. Philip Centonze C.R. 48 & Wickham Avenue SCTM# 1000-140-2-11 Appeal # 4082 The following is in response to your request of January 30, 1992, for site plan comments on your appeal # 4082, Dr. Philip Centonze. The Planning Board is in favor of this site plan. A handicapped parking space in compliance with the new American Disabilities Act's (ADA) standards must be shown on the site plan. A dumpster must also be shown on the plan as well as any proposed sign and lighting. 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: January 27, 1992 Re: Zoning Appeal No. 4081 - Special Exception Dr. Phillip Centonze Transmitted herewith is Zoning Appeal No. 4081 application for a Special Exception submitted by Garrett Strang on behalf of Dr. Phillip Centonze. Also included is Notice to Adjacent Property Owners; copy of survey; copy of Contract of Sale; Letter of Authorization, dated January 20, 1992; and Notice of Disapproval from the Southold Town Building Department, dated January 24, 1992. Judith T. Terry Southold Town Clerk LETTER OF AUTHORIZATION - TO WHOM IT MAY CONCERN: Garrett A. Strang, Architect, in making application to any State, agency with regard to this project. , authorize to act on my behalf County or Town Sworn to before me this ,~x day of January, 1992. NOTARY PUBLIC, STATE OF NEW YORK EILEEN M. ROACHE Notary Public, grate of New York No. 4826942 Qualified in Suffolk County ';. , Commission Expires January 31, 19 '~--_~/ BOARD OF APPEALS, TOWN OF ~OtJTHOLD In the Mailer ct the Petition of to the Beard of Appeal~ of the Town nf Snuthnld TO: NOTICE TO ADJACE:IT PROPERTY O~'~ E R YOU ARE HEREBY GIVEN NOTICE: I. That it is the inlention of lhe undersigned to petition the Board of Appeals of thc Town of Southold to request a (Variance) (Special Exccption):;~l~tJ~a~l{l(X(3l!,~.3~lYL~3~'3~x [ci£cie choicel !. 2. Thattheproperty whichisthesubiectofthcPetitionislocatcdadiacenttoyourproperty'andisde$- ctibedasfollows: 5700 North Roadt Ma~tituCkt New York South side of the North Road approximat'ely 125' west of Wickham Ave.' Suffolk Co, Tax Map ~ 10Q0-140-02-11 3. Thattheproperty whichisthesubjectofsuchPetifionislocatedinthefollowingzoningdistrict: R-O Residential Offige 4 Thatb%'suchPeddon, theundersigned willrequcstthefollowingrelief: Special Exception for Proposed Professional Office Use (Dental Office) on the first floor with second floor residence. Variance due to insufficient lot area. S. That the provisions of the Southold ];own Zoning Code applicable to thc relief sought by the under- signed arc Article VII Secticn 10Q-T1B (2) ~ 100-72 [ ] Section 280-A, New York Town Law for approval of access over righc(s)-of-way] 6. Thal 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, $outhold, New York and you may then and there examine the sam-. during regular office hours. (516) 765-Z809. 7. That before thc relief sought may be granted, a public hearing must be held on thc 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 Travcler-Matfituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Januar~ 24, '1 992 _~..~:~ ~ .' Petitioner Garrett A. Strang, Architect 0wners'Names:Dr. Philip Centonze-Contract Post Office Address V=ndee P 0 Rr~-- !412 Southold, New York 11971 Tel. No. (516) 765-5455 [Copy of sketch or purposes.] plan showing proposal_"to ~e.. 5ttached for convenience PROOF OF '~AI I~1~ OF NK)TI(-F. ADDRESS K.G.Brown Mfg. Inc. Mattituck, New York 11952 Mr. & Mrs. George Lomaga P.O.Box 1085 Mattituck, New York 11952 Agnes C. Zapp Route 48 Mattituck, Garrett A. Stranq~ R.A. .~_ MAY BE ~ED FOR ~ESTIC AND INTERNATI~AL MAIL, DOES NOT PROVIZ= New York 11952 Mr, & Mrs. Georqe L0..--''~..~'-''' 'P.O.Box 1085 - Mattituck~ New York 11952 MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE ~z GPO: 1977-750-85l AGnes- C Route 48 Mattituck, New York 11952 PS FORM Garrett A. Stran~ , residing at Main Road. Mattituck. New York 11952 c: , , being duly sworn, deposes and says lhat on the 2~th day of January ,19 9 2 --, deponent mailed a true copy of the Notice set forth on the verse side hereof, directed t(~'each of the above-named persons at the addresses set opposite their respective .. names: that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roil of the Town of SouEhold; that said Notices were mailed at the United States Post Of- rice at So~thold (certified) [~R~xt~) mail. WALTER J. IfR,UPSl(I, tlR, I~otat7 Public,-Ste~e et New Yo~k ~o. 52-4625897 Qualified jn 5UltOJk County ~mmi~slon ~xpir~ ; that said Notices were mailed to each of said persons by Garrett ~. Strang (This side does not have to be completed on form transmitted to adjoining property owners.) .~ 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Proiect sponsor) 1, APPI. ICANTISPONSOR t 2. PROJECT NAME Garrett A. Stranq, Architect I Office for Dr. Centonze 3. PROJECT ~.OCATION: Mumc~=a.~ Southold Cou.~ Suffolk SEQR 5700 North Road (C.R. 48) ~' Mattituck, New York 11952 [] New [] Expansion [] Mo(~lflcatlon/a~teratio. Conversion of single family residence to first floor dental office second floor apartment mma.y 0.2 (~ acres Ultimately 0. 2 6 acres Yes [~ No If NO. ~te$cri=e bRefiy Special exception and lot area variance required E, WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 12. AS A RESULT OF PROPOSED ACTION WILL EXIST'NG PERM T APPROVAL REQUIRE MOOIFICATION? i--I¥.~ i'-I Ho N/A I CERTIP%' THAT THE INFORMATION PROVIDED AeovE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicanllsponso~~S~rang ~, Architect Dale: 1/24/92 If the action is in the Coastal Area, and you are a state agency, complete t~le Coastal Assessment Form before proceeding with this assessment OVER 1 {Continued on r'eve~'se s~de) The N.Y.S. Environmental Quality Review Act requires of this form, and an environmental review will be made by submission before any action is taken, this board SHORT ENVIRONMENTAL ASSESSMENT I_NSTRUCTIONS: (a) fn order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the aotion. It is not expected that additional studies, research or Other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (d) Environmental Assessmen~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? Yes: X~o 2. Will there be a major change to any unique or un~ual land form on the site? Yes X~o 3. Will project alter or have a large effect on an existing body of water? __Yes XX No 4. Will project have a potentially large impact on groundwater quality? .~Yes MX NO 5. Will project significantly effect drainage flow on adjacent sites? · Yes XX..__No 6. Will project affect any threatened or endangered plant or animal species? Yes XXNo 7. Will project result in a major adverse effect on air quality? Yes XX.No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes X~o 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircamental area by a local agency? Yes XXNo 10. Will project have a m~jor effect on existing or future recreational opportunities? Yes .XXNo 11. Will project result in major traffic problems or · cause a major effect to existing transportation - systems? .__._YesXX___No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~YesXX No 13. Will project have any impact on public health or safety? ~es XX No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes MX No period o~r have a major negative effect on the character of the community or neighborhood? 15. Is there public controversy concernin~ ~r~Par- , .' ~ ~ ~ . Yes XX No Repres"nting: ~nt~lC C~n~r~ot ~ndee Date: 1/24/92 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of t the owner(s) and any other indi~iduals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) Steven & Nancy Cohen Present owner- seller of property B. Is the subject premises listed on the real estate market for sale or-being shown to prospective buyers? { x} Yes { } No. (If ~es, pl.~ a~--h uuUFof "condi~nns,, of sale.) C. Are there =u¥ '~au~osals tD change =r alter lan~ { } Yes {x} No D. ~ Are there any areas which contain wetland grasses? NO ~A~.? the ~tla~d areas shown on the map submitted with ~nls application? N/A 3. Is the propertY bulkheaded between the wetlands area and the upland building area? N/A 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 construc=lon at or below five feet above mean sea level? N/A (If no~ applicable, state "N.A.") F. Are ~here any patios, concrete barriers, bulkheads or fences ~.ht[~F~ andNa~e not shown ~a the survey map that you ~ / If none exist, please state "none." ~. 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 also own other land close to this parcel? NO 'If yes, please explain where or submit copies of deeds.--- I* Please list present use ur operations conducted at this parcel Single Family Residence and proposed use Dental office with second floor a~artment. u~norized Signature and Date - 3/87, 10/901k ,Ir Pc.on~ ~rol~t~: WARNING, NO REPRESENTATION IS MADE THAT Tills FORM OF CONTRACT FOR TIlE S~%LE ANI PURC/-IASE OF REAL ESTATE COMPLIES WITH SECFION 5-702 OF THE GENEIIAL OBLIGATIONS ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING lT. NOTE: FIRE AND C~UALTY LO$SES: This contract form does not provide for what happens ia the even of fire or casualty loss before the title closing. Unless different provision is made in this contract, S,.-ction 5-131~ of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and casualty Io~ upon taking of title to or possession of the premises. CONTRACT OF S.AI_F made ns of the /~ ff-'day ot December ,19 1 BETWEEN STEVEN F. COHEN and NANCY HALL-COHEN, his wife, Address:5700 North Road, Mattituck, New York hereinafter called "S~T.LER", who agr~a to adl, and PHILIP J. CENTONZE and ~RILYn C~TONZE, his wife, Baiting Hollow Lane, Baiting Hollow, New York h~c~af~r ~ed "PUR~", who agr~ to buy: Tho property, includi.g all buildi.ga a.d improvenaents thcrco. (the "PREMIS~") ~param ~ge mark~ "~hed~e A") and a~o known S~tAd&~. 5700 North Road, Mattituck, New York TaxMapD~gaa6°n:Dist: 1000 Sec: 140 Blk: 2 Lot: 11 Together with SELLER'S interest, if any, in street~ and unpaid awards ~ set forLh in'Paragraph 9. The sale also includes all fixtures and articles of personal property attached 'to or used in conn~cti,.t with the PREMISES. unless specifically excluded below. SELLER states that they are paid for and owned by SELLER ire: and clear .~f any lien other than tho EXISTING MORTGAGE(S). They include but are not limited to plumbing heating, lighting and cooking fix. lures, bathroom and kitchen cabinets, mantels, door mirrors venetian hll.ds, shades screens, awnings, storm windows, window boxes, storm doors, mai boxes, weather vanes, flagpoles, pump~, shruhl~ry fencing, outdoor statuary, tool sheds, dishwashers, washing machines, clothes dryers, garbage disposal units, ranges refrigerators, ~r~ez~ra, air conditioning equipment and installations, and wall to wall carpeting.. Excluded from ~ sale are: Furniture and houghold furoisbi.gs, 1. a. The purchase pric~ is payable a~ follows: On the signing of this contract, by ch~k subject to collection: ~ By allowance for tl~ principal amount still unpaid on EXISTING MORTGAGE(S): By a Purchase Money Note and Mortgage from PURCHASER (or assigns) to SELLER: BALANCE AT CLOSING: 146,000.00 14,600.00 '~ I , 4 ~. 00 I,. 11 thin .dIe ii. s,ibjccl lc, .,, E.XIbTINI~, M!)lli'bAtil'i. ~.1.: t%,.'l,..e Money Nulu .nd M~IIK,,I.,. wall .d .. ,,,,~ .lc tim( will o.nuin subject u, Ibc prior lic,, of.ny EXIS'I lng MORTGAGE cv,:, oug t e EX S' 'IN( ML~I( '( %(;1,~ ~ '~lendcd ni(.lilh:d in g~ faith. The J~rcliase Mo.ey Note ami Morlgage ~hall be dra~vn on ti c TICOH ITI'I.I". GIIARANTE COMPANY ~landflrd form by thc aLtorncy fi,r SELLER. PUllCIIASER stroll pay bc mortgage rccordi.g lax, ,(','ordirlg and thc atlorncy~ fcc~ hi thc amount of S for ils prci,araiion. c. If m~y required peym~n~ are made on ua EXISTING ~RTGAGE between now and CLOSING whic reduce thc unpaid principal amount of an ~ISTING MORTGAGE below the .,mount shown in Paragraph 2, the th~ balance of the price payable at CLOSING will be adjusted. S~LER agrees that the amount shown i. P~cagraph . is reasonably corr~t and that only payments required by the EXISTING MG'.tTGAGE will b¢ made. d. If there is a mortgage escrow account that is malnUined for the purpose of paying taxes or in,urn.ce, etc S~LER shall ~ign it to PURCHASER, if it can be a~igncd. In that event PURCHASER shall pey thc ~mount i tho egrow a~ount to SE~ at CLOSING. Form Date and Place: 0! UnpaiJ with Smte and Mnni, ii,al Violations and Omit it Ne., I'0, t, 7. the I'IH'~MIb 'l'l'l'l'l'l'l'l'l~5 will Itc convoyed subject to the continuing lien of "EXISTING MORTGAGE(SI" as fo l'~forll'.age now in the unpaid principal amount of $ and interest at the rate of . .~ cent ~r yenr, prcnently payable in inslallment~ of ~ which inc uae principal, inter~ and with any balance of prlneipnl bring dlle nmi pnynhb on SELLER hereby states that .o EXISTING MORTGAGE eontal.s any provision that permits the holdsr of mortgage to require its immediate payment in full or to change any other term thereof by reason of the fact CLOSING. 3. All money payable under this contract, Unlm,s otherwise Sl.,'eified, shall be either: a. Cash, but not over one thou~nnd ($1,000.00) Dollars, It. Good certified check of PURCIIASER. or o~cl. chock of any bank, ssving,~ hank, trust company, or ~vi: and can association having a bankF~g-office in the State of New York. payable to the order of SEI.LgI~. or to order of PURCHASER ami duly endorsed by PURCIIASER (if an individual) to the order of SELLER in pre,e.,ee of SELLER or SELLEII'S attorney. c. Money other than the purchase price, payable to SELLER at CLOSING, may be hy cb.ch of PURCIIA$ up to lite amount of Five Hundred ....................... ($ 500.00 ) dollar'*. d. Aa otherwise s~'ced to in writing by SELLER or SELLER'S attorney. 4. The PREMISES are to be transferred snhject to: . - a'. Laws and governmental regnlatlons that affect the use and maintenance of the PREMISF~$. provided they are not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection o{ 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 blghway. .... ~ any reputable Title C°. 5. SELLER shall give anti I'UltCI-IA. Ell shall accept a,,el, lille will be w ngo approve and insure ~n accordance wit~ Iht standard fo~ of ti policy approved by Iht New York S~a~e Insurance Depnrlmenl, subject only lo the mailers pmvlded for in thi~ eonlrael. 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each olher under fl contract, including the payment o{ the purchase price lo SELLER, and the delivery to PURCIIASER of ~gain & sale w/ ~t agai~t ~antor's ~ts deed in proper statulory {oral for rocor.ti, so ns lo lransfer full ownership ({et simple title) to Iht PREMISES, free o{ all encumbrances except as staled. The deed will eonlaln a covenant by SELLER as required by S~tlon 13 of the Lien Law. If SELLER is a corporation, it will deliver Io PURCHASER at Iht time o{ CLOSING (a) a resolution o{ ils of DJr~tors authorizing the sale and delivery of the deed, and (b) a certificate by Ibc Secretary or S~retary of lhe corporation certifying such resolulion and setling forth facts showing lhat the transfer eonfom~ity with the ~quirements of S~tion 909 of the Business Corporation Law. The de.d in such ease contain a r<ital ~u~cient to establish compliance with that section. 7. CLOSING will take place at the o~ee o{ Michael J. Hall or the lending institg~ign . at 10 a.m.°c~°"or about Feb. 1 .,19 92 ~. PURCHASER hereby states that PURCHASER has not dealt with any Broker in eonn~tlon with this sale Other StyDe and SELLER a~ees to pay the broker the commission earned thereby (pursuant to separate agreemen0. 9. %is sale includes all of SELLER'S ownership and rights, if any. in any land lying in the bed of any strut highway, opened or proposed, in {rent of or adjoining the PREMISES to the cenler llne thereof, h also includ any right of $ELLER to any unpaid award by reason of any taking by condemnation and/or for any damage Ih. PREMISF~g b~ reason of change of grade of any slreet or highwav. SEI,LER will d.liver al no a¢~dhionnl co Io PURCHASER,' at CLOSING. or thorea{ter, on demand, any deep'meats which PURCItASKR may r-qnlre coll<t the award and damage. ' 10. SELLER agrees to deliver to PURCHASER at CLOSING a certificale dated not more than lhirty ¢30) dal before CLOSING signed by the homer of each EXISTING MORTGAGE. in Iorm for recording, eertifvlng ti' amount of the unpaid principal and interest, date of maturity, and rate of interest. SELLER shall pay the'fees fc recording such certificate. I1 ~h~ holder of a mortgage is.a hank or other institution as defined in'4. ectmn' 274-~ RcM Property Law, it may, instead of the certificate, furmsh an unqualified letter dated not more than thirty (30 days before CLOSING contai,lng the same information. SELLER hereby states thtit any EXISTING MORTGAG will not be in default at the lime of CLOSING. ll. ,. SELLER will comply with all notes or notices of vinlalMns of law or mnnleipal ordinances, orders o req,fircmenls noted in or loaned by any governmental depart,,,ent having authority as to lands, ho.,4ng, k.ilding, fire. heahb and labor e,mditions affecting Iht PREMISES st Iho date hereof. The PREMISES shall Iw Irnnsforre, fr~e of them at CLOSING and II, ia pr-vision shall survive CI,OSING. SH,I,Ell droll [lltnJ.h I'IlIICIIA51']{ wit any alllhn~[~MiUlm IlOe0~,mry lo mn~e the senn'hen Ihat couhl di<lo~e these matters. b. All obligations affect;ag the I REML ES, tnt.fred pnr~uant to the Admlni~trative C.de of the City o New York prior to CLOSING and payable in money si,all he dj,charged hy SEI,I.ER at CI,OSINC. Thla provi4m shall snrvlvn CLOSING, the sit CLI~G the PREMISES are affce!o,t bv an as.4~ent which is or may become payable it ~.pna] inslnll.-., and.t~,rnt inalnllment i. then a lie: i..., b~n paid. then for lbo purpos.~ ,,f thia eonlrnr DESCRIPTION ALL that certain plot. piece or parcel of land. situate, lying and being at Mattituck. Town of Southold. County of Suffolk and State of New York. bounded and described as follows: ~ ¥ BEGINNING at a pOint on the sou~..~terly side of R~,uilton Avenue (~liddle Road - C.H. 27) distant 124.02 feet southwesterly from the westerly end off a line connecting the southe~terl¥ side of said H~,ullton Avenue ~th the ~esterl¥ side of {~ick~m Avenue; . AND FROM SAID. POINT OF BEGINNING RUNNING THF-NCE along land now o~' £orn{e~ly of Lomaga South ]] degrees ~7 minutes 20 second~ east 150.00 feet to land no~ or formerly of Brown; RUNNING THENCE along said land south 56 degrees 12 minutes /~0 seconds ~est 75.0 feet to land no~ o..~ fome~ly of' ~pp, fo~rly of Robinson; HUNNINO T~CE along said l~d north ]] degrees 47 minutes 20 seconds ~est 150.0 RUNNING THENCE alonE ~e sou~westeviy s~de of said H~lltoa Avenue no~th degrees 12 minutes .q~. ~second~. , : .e~t 75.0. . feet.., to the ~tnt,or, place T&I ~' DESIGNATION: Dls~. 1000 Soctton,lqO. OO,gloc~' 02.00 ~t 011.000 DESCRIPTION RIDER TO CONTRACT OF SALE B~TWEEN STEVEN F. COHEN AND NANCY HALL COHEN, AS SELLERS AND PHILIP J. CENTONZE AND ~ARILYN CENT~NZE,AS PURCHASERS. IT IS EXPRESSLY UNDERSTOOD that the 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 purchasers by anyone, pertaining to the premises herein unless specifically set forth herein. The purchasers 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 ' present ~ondition "as is" , An their , less fair wear~t~ea~, except ~hat plumbing time of king order at the closing.~ 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 nrovide - . a~ ~y.be otherwise agreed upon by the ~,.~. ~_..~_:~ d, ~r ~xc~p~ 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 ordinance%, 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 Robert ..F. Hall, 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 o~ the Contract of Sal~, to ~eposit it all funds del; the court in which such litigation is pending, the escrow ag be fully relieved an~'discharged of any further responsibility hereunder. In addition, thQ 0scrow agunt Js huruby 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 ~esponsibility hereunder. The escrow agent shall have no duty to · nvest 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 had faith. In the event that the escrow agent is directed to deposit said contract deposit into an IOLA Fund, as more fully set forth by the laws of the State of New York, then in that event, the above paragraph shall be of no force and effect and the escrowee is hereby authorized to deposit said funds pursuant to said law. Ny 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 sat 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 60' permit seller to endeavor to eliminate such defects, encumbrances, or objections. If the seller is unable to eliminate sbch 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) ~eject title, in which latter event seller shall return to purchaser, alt 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 yeller should be unable to convey a good and marketable title subjgct 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 holly cease. The seller shall not be required to bring any action or proceeding or otherwise incur any expense to render to title to the premises marketable. The purchaser may, nsvartheless, 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 e×cecd the net amount cha~ged for title examination of the property withuut l~Suance of ~olicy. NOTICES: A~y notices to be given under this contract may be given by or to the respective attorneys: SeLler: Robert F. Hall, Esq. 1050 ¥oungs Avenue S°uth°l~&--~W~Y_o~ 11971 Purchamer:Gary ~lanner Olsen }lain Road Cutchogue, New York 11935 ASSIGNMENT: This contract shall not ba assigned by the purchaser without the written consent of the FOREIGN PERSON: (a) Seller represents that ha.is not a foreign person within the definition of Section 1445A of the Internal Revenue Code entitled "Withholding of Tax on D%spositions . of U.S. Real Property Interests,,, and agrees to deliver at closing an u~fiUavit 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'sat 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 1~86, and shall execute at closing t~e title company form of report. · CAPITAL GAINS TAX EKEMPTION:' (a) The parties agrbe execu%e uny documents required in connection with exemption of transaction from New York. State Real Property Gains Tax, and if any tax be due, to furnish a Rortion of the monies due at closing in '"form. acceptable to the County Clerk for ~he payment of same. Seller shall be responsible and pay for any such tax which may be found,due. (b) This contract may not be assigned so as to avoid reapplication requirements of ~he above. CAPITAL GAINS TAX: (a) Purchaser and seller .agree to comply timely with the requirements of Article 31-B Of the New York Tax Law and all regulations of the Department of Taxation and Finance ("State Tax Commission,,) applicable thereto (col. lectively, "Gains Tax I~%w#) in good faith and in such manner as to avoid any postponement of the closing as herein provided, of the recording of ~he deed to be delivered at the closing. (b) Purchaser agrees to execute and deliver to seller, if applicable, a Transferee Questionnaire showing the full consideration to be paid to seller by purchaser. THE PURCHASER, St its own cost and ex ense sh the right to have the are ~ ~ ........... P ., all have damage ~ = mis,, -..~p~u rot active Infestation or Y_ Wood-destroying insects and to have any well wa=er analyzes £or potabi.lity. Such inspections reputable comnanv wl~__ _. .... ~. ,~^: ~ shall be made b~ a and/or damage by such insects or contaminants in excess of the New lhu ~ullur, Post-laark.d within ten (10) days of such inspection, a statement by the inspection company setting forth the nature and extent of the condition or damage and an estimate as to the cost to exterminate '~he insects, repair any damage, and/or reduce contaminants to potable limits. The Seller, upon receipt of such statement, shall have the warranty customarily given by the company doing the Work. If the seller refuses to have such services performed, the seller shall notify the purchaser and the purchaser shall have the right to cancel this contract and obtain a refund of the down payment. The purchaser may, in the alternativp, elect to waive these conditions and continue with the contract. If the purchaser shall fail to conduct timely inspections or fail tO serve timely notice, the provisions of this paragraph shall be deemed waived and the purchaser, at its own cost and expense, shall be solely responsible to provide any termite or water certificates as may be required by,any mortgagee or insurer of the mortgage. C~TIFICATE 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 th9 responsibility of the purchaser to provide such surve~ 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 printed form Agreement and this Rider, the provisions of this Rider shall be paramount and prevail. PROPERTY ASSOCIATION: Seller agrees to pay all dues and ch~rguu which muy be owud, to uny propur~y owners association or similar organization pro-rated to the dat. of the closing. LIEN YEAR: The adjustment for town taxes shail be based upon the lien year. THIS' CO'CT · IS SUBJECT TO and conditioned upon the purchaser obtainLng a ¢ommitmen: from a lending ins:itu:ion for a firm: mortgage loan in Che prin¢i al amc, obtazning ~,'id c^--~ ........ Y . f the d~te hereof. Upon ~ -~orney that the commitment If. purchaser mhall be unab]~ ~ ........ ha~ been obtained. ~al~ COm~i:ment Within sai~-L'- ~r~i~g~nt efzorts, to obtain pur~ou, unen elther party may cancel :he COn:rat: and all ~onies deposited hereunder - ~'~x~teven F. Cohen , Nancy lfall-Cohen /' Phil~ /J Cent.onze-' .-.,.. RIDER TO CONTI<ACI' OF t,l\l.[ b'Fl~ltI~N: .%II:VEN I. COIIEN AND NANCY HAI.L-COltE~i, AS SELLERS AND PHILIP J. c[I.ITOI'I?.I~ /\J4U Iq/U,'ILYN CEN'rONZE, AS PURCIIASI_I~S. II]is contract is subjc, ct Lind col~1;tr, gel~t upon the purchaser's at Ll/eir own cost and exi)en:,e obLalrling a !;l:~-ci~l ExcupLion from the Southold lowu Zollillg Buard uf Appeul~ dml the SuuLhuld 1LiS'Ill PJmlniflg Board (SiL(~ Plan Approval) Lo ubilize the suDjecL i)r'c-illlSeS whicll is currently zo~led Resider~Liul Office (Ru) diaL[JcL lo[ i]~otess~onal offices arid bus~ness otfices ~nd iii parLJcuJal' a de[~LJsL o[l:ice. 'lhe purchaser shall i~ave 6 ~lO[iLhs ~rUlll the da~e i~'~ol= ~o obLaiil Said SpeCial excep~io~ and they agree Lo pursue SOlllO In ~J diligu:~t l~asllion and pay ~JJ Jnclden[al expenses and t'iJillg let'S in COfirlc-CLiOl'l with In the event that they Ilave iiOL re(:eived said specJ~] exception wiLhJfl ~ iltOllLhs frol[i the ~a[e he~'eul Lllurl Lhu Sel J[~r shall h&ve the Ol)Lion of exLerlding the pu~'chas[~r's [lille Iol' [l [~e~iod [~oL exceeding 3 addiLiuna] ~on[hs Of the dow~ [)a),lllerlL Shall be ~'L~Lur'rl~d aL which Lime this co~LrocL shall be deemed [lull and void. No['wiLiis~arJdLng here~n to the contrary the purchaser's shall have the right to waive this contingency, and title even thougl~ tile ~l)cCia[ Exc<q~Lion may rio[ have bee~ graflted. Readins~: Allowance Price to dBidavit a~ BaMtruptci~s and Recordl.g Lien: Inability to Con~r Limitation Liability: Co,diti~n al Ptot~tty: Entire Must b~ in Igriting: $ingM~ Pl~: ~O~,Owtng ara to lll~31,orttonca as ut nudnlght ol the day bclor~U:~ll'Ib: ...... .~nk~ aa and when c~cd. Ih) Interest on EXISI'ING MORIGA~). (c) Premiums on existing trattAcrable ~naurance policies and renewals of tho~ expiring prior to CLOSING. Id) Taxes, water charges and sewer rcn~, on tim basis of the fi~al ~riod for which ass~d. (c) Fuel, if any. (~} Vault charges, if any. If CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon thc },aai~ of the old tax rate for.~ preceding ~riod applied to the latest as~c~cd valuation. Any errors or ore.ions in computi.g apportionments at CLOSING shall be corrected. This provi~i.. ~hall survive ~OSING. 14. If there be a water meter on the PREMISES, SELLER shall furnish a reading to a date not more than thiay (30) days before CLOSING dat~ ai~d tile unftxcd meter charge and sewer rent, if any, shall be apportioned on tltc hash of such last r~ding. 15. SELLER has tbe option to credit PURCIIASER as an adiu~t.~,mt of the purchase price with risc a[.,.ant of date: not l~s than five(5) busings days after CLOSING, provided that official bills therefor computed to said d,.tc are produced at CLOSING. 16. If there is anything else affecting the sale which SELLER is obligated to pay and di.',charge al CI.t~:qlNG, SELLER ma~' use any portion of tile balance of the purchase price to discharge it. As all ahernativc SEI.IA]{ may deposit money with the title insurance company employed by PUIICtlASER and required by it to a:,sure its discharge; but only if the title insurance company will insure I'UIICIlASER'S title clear of the matter or i.~ure ag.h,st its enforcement out of the PREMISES. Upon request, made within a reasonable time before CLOSING, the I'UF. CIIASER agrees to provide separate certified checks as requested to a~sist i. clearing up these matters. 17. If a title examination discloses judgments, bankruptcies 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 drawing that they are not againR SELLER. lC. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State. City or County officer in the amount of any applicable transfer and/or recording tax payable by reason uf the th'livery or r~cording of the deed, together with any required tax return. PURCItASER agrees to duly eon,piece the tax recur. amd to cause tim chcek(s) and the tax return to be deliw:red to the appropriate officer promptly after CI.OSING. 19. All money paid on account of fid:. contract, and thc reaso.ahle expe.ues of examination of thc Iici,. to the PREMISES and of any survey and survey in~pecliou charges are herehy made liens un the IqtEMI~I,'.S and collectable out of the PREMISES; Such liens shall not cotltinuo after default in performance of thc co.n'act by PURCHASER. 20. If SELLER is unable to transfer title to PUItCIIASER in accordance with this contract, SELLER's sol.: liability shall be to refund all money paid on account of this contract, plus all charges made for: fi) cxami.i.g the title, (ii) any appropriate additional searches made itl accordance with this contract, and (iii) survey ami survey htspectioa charges. Upou such refund and payment this contract shall be considered cancelled, a.d neither SELLER uor PURCItASER shall have any further rights against tho other. 21. PURCItASER has inspected tl3e buildings on the PIIEMISES and the personal property included i. fi,is sale and is thoroughly acquainted with their condition. POIICIIASER agrees to purchase them "aa ia" and in their }resent condition subject to reasonable use, wear, tear, and natural deterioration between now a.,I CLOSING. I'URCIIASER shall have tile right, after reasonable .otice to SELLER, to inspect them before CLOSING. 22, All prior understandings and agreements between SEI.LER attd PURCHASER are merg,,d i,, chi: ,outface. It completely expre~.ses flteir full agreement. It has been e.tered into after full investigation, neither part)' rclyin~ upon any s~t~cnts made by anyone else that is not scl forth in this contract. 23. This contract may not be changed or cancelled except in writing. The contract shall also apply ti, and bind the distributccs, heirs, executors, a/tministrator~, successors and as~ig.s of the respective parties. I"ath ol Ibc parties hereby authorize their attorneys to agree in writing to ally changes in dates and time periods l,rovid,.d fur in this contract. 24. Any singular word or term heicin shall also be read aa in the plural whenever thc sense of this to.hate may require it. ss# ss# MAT'rrruc~< R-80 ~ A-C j LIO PEGONIG GARRETT A. STRANG architect Main Road P.O. Box 1412 Southold N,Y. 11971 516- 765 - 5455 BARRETT A. STRING architect Main Road P.O. Box 1412 Southold N.Y. 11971 516- 765' 5455