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Home My WebLink About3889 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765 1809 ACTION OF THE BOARD OF APPEALS Appl. No. 3889 Matter of TIMOTHY AND GEORGE WELLS. Variance to the zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations, (Article I, Section 106-20), for approval of insufficient are in this pending division of land. Property Location: Southold Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, Lot 1.3, WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the application of TIMOTHY AND GEORGE WELLS, under Appeal No. 3889; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally view 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. The premises in question is located alonq the west side of South Harbor Road, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 075, Block 07, Lots 1.3, 1.4, 1.5. 2. This is an application for Variances from the Zoning Code Article III A, Bulk and Parking Regulations Section 100-30 A.3, Article I, Section 106-20, for approval of insufficient area in this pending division of land. Page 2 - Appl. No. 3889 Matter of TIMOTHY AND GEORGE WELLS Decision rendered January 9, 1990 3. Article III A, Section 100-30 A.3, no building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the sa/ne conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein in full. 4. In considering this application, the Board finds and determines: (a) that there is no other method for appellants to pursue; and sub-dividing the proposed division of land in any other area will require other variance relief; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance as applied. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GR~=NT a Variance in the matter of the application of TIMOTHY AND GEORGE WELLS as applied under Appeal No. 3889. Vote of the board: Ayes: Messrs. Goehringer, and Dinizio (Absent Serge Doyen and Joseph Sawicki). resolution was duly adopted. Grigonis, This df GERARD P. GOEHRINGER, CHAIRM3~N RECEIVED AND FILED BY THE SOUT OLD Town Clerk, Town o~ Southold APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH R. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on TUESDAY, DECEMBER 19, 1989, at the following 'times: 7:30 p.m. Appl. No. 3870 - MATTHEW CUSUMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, (Article IIIA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchog~e, County Tax Map No. 1000, Section 136, Block 01, Lot 01. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 7:35 p.m. Appl. No. 3868 - NICHOLAS NICKOLAUS. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d A, as disapproved, for permission to construct addition to existing one family dwelling and accessory building, proposed construction is less than 100 ft. from bluff of'Sound in this R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, Section 51, Block 1, Lot 2. 7:40 p.m. Applo No. 3881 - WARREN AUGENTHALER. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct accessory building in frontyard area. Property Location: 7225 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 111, Block 15, Lot 12. 7:45 p.m. Appl. No. 3893 - MICHAEL AND CLAIRE GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwelling). Property Location: 61339 Main Road, $outhold, County Tax Map No. ~000, Section 56, Block 1, Lot 41. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 7:50 p.m. Appl. No. 3873 - VINKO NALETILIC. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, for permission to construct a deck addition, construction exceeds permitted lot coverage of this R-40 Zone District. Property Lucation: 780 Orchard Street and 1300-2nd Street, New Suffolk, County Tax Map No. 1000, Section 117, Block 7, ~ot 22. 7:55 p.m. Appl. No. 3879 - CHARLES MALONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-230C (1), 100-231 A., for permission to construct a 6 ft. fence in frontyard area, fence exceeds 4 ft. in height. Property Location: 358 North Sea Drive, Southold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 8:00 p.m. Appl. No. 3886 - ROBERT STAPLES. Variance to the zoning Ordinance, Article XXIII, Section 100-239d (C), for permission to construct a new dwelling adjacent to freshwater wetlands in this R-40 Zone district, proposed dwelling will be closer than 75 ft. from freshwater wetland. Property Location: 785 Wilmarth Avenue, Greenpo~t, County Tax Map No. 1000, Section 41, Block 1, Lot 7. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:05 p.m. Appl. No. 3894 - JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct deck addition with insufficient front yard setback. Property Location 2225 North Sea Drive, Southold, County Tax map No. 1000, S~ction 54, Block 04, Lot 23. 8:10 p.m. Appl. No. 3892 - ANTHONY BOLLETINO. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct an accessory shed and gazebo in front yard area. Property Location: 16705 Main Road, Route 25, East Marion, County Tax Map No. 1000, Section 23, Block 1, Lot 14.6. 8:15 p.m. Appl. No. 3888 - ERNEST TARMIN. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct Accessories; pool, tennis court and shed in front yard area. Property Location: 29823 Row off Main Road, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 1.10. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:20 p.m. Appl. No. 3887 -'~MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct a tennis court in frontyard area. Property Location: 1019 Private Road #7 Fords Road, Southold, County Tax Map No. 1000, Section 87, Block 1, Lot 18.4. 8:25 p.m. Appl. No. 3891 - ELIZABETH JOHNSTON. Variance to the Zoning Ordinance, Article III, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permitted in frontyard area. Property Location: Row off Oregon Road, Cutchogue, County Tax Map No. 1000, Section 073, Block 02, Lot 01. 8:30 p.m. Appl. No. 3884 - DICKINSON/THOMPSON. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, Section 100-32), for approval of insufficient area in this pending division of land and Bulk and Parking regulations. % Property Location: Main Bay~.iew Road, Southold, County Tax Map No. 1000, Section 078, Block ~9, Lot 30. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:35 p.m. Appl. No. 3889 --TIMOTHY AND GEORGE WELLS. Variance to the Zonin~J Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations, (Article I, Section 106-20), for approval of insufficient area in this pending division of land. Property Location: South Harbor Road, Southold, County Tax Map No. 1000, Section 075, 8:40 p.m. Appl. No. 3890 Block 07, Lot 1.3, 1.4, 1.~ - WALTER GLASSER. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission for change of use from Place of Worship to Office/Apartment. Property Location: 475 Beckwith Avenue, Southold, County Tax Map No. 1000, Section 061, Block 1, Lot 25. 8:45 p.m. Appl. No. 3882 - BIDWELL WINERIES. Special Exception to the Zoning Ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the Winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Section 96, Block 4, Lot 4.3. ~age 7 - Notice of Hearings So~thold Town Board of Appeals Regular Meeting of December 19, 1989 8:50 p.m. Appl. No. 3896 - JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission to have Office/Retail business on first floor and residential rental apartment on second floor. P~operty Location: 55415 Main Road Southold, County Tax Map No. 1000, Section 62, Block 1, Lot 12. 8:55 p.m. Appl. No. 3872 COMPASS TP3~NSPORTS. Resolution to conclude hearing in its entirety. 9:00 p.m. Appl. No. 3770 - PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on November 8, 1989. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, Please call 765-1809. Dated December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To !.~,..~.~..%..'.~...~ .... ~ .... · /.~?. ~..~. ~ ......... . .~.~..~.,..~ :~,..~ ~-.~ ...... PLEASE TAKE NOTICE that your~~application dated...,.~. ~. ~ ............ 19. ~.. ~:.::~~ ....................................., for pe~it to ~ouse No. Street ............... ~1~ County Tax Map No. 1000 Sectio~ ... ~,: ~: ..... Block ...~ ........ Lot /:~,. ]:~.. ~'.~ Subdivision ................. Filed Map No ................. Lot No .................. ~,..~x'~.:. ~ ~ .~o.~ :~...~ :~.. ~.. ~ Building Inspector RV 1/80 ' '.~*~q~,~ TOWN OF SOUTHOLD, NEW I) cEIVED APPF~L FROM DECISION OF BUILDING INSPECTOR OCT 06 1989 SouthG~TM~,I~Kk~G BOARD OF APP~.ALS, TOWN OF SOUTHOLD, N. Y. (We) .....~..Q~.$.~*~...~.~D.t.....~.Q..m.p..a..n.~. ......... of 9 - 13 Glen Street Nome of Appella~ Street and Number Municipality Stye (SEE ANNEXED RIDER) HEREBY APPEALS TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT to s....u~....i.¥..i..~..e...g~.o~.~.. DATED ...J.9.1.~..?.~....1..9..8..9. ............................ WHEREBY THE BUILDING INSPECTOR DENIED TO (x) Name of Applicant for permit of Street and Number Municipality Store PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ~).g.~h~.~r~1.~L~1~Q~'~..~1.~.`~.~L...~...-~.;....~.~.~..q~...~.~q~e~ati~n Street /Hamlet / Use District o~ Zoning Map DJst~ct 1000 Section 075Block 07L0ts /1.~3, 1.4. ................................................................................· current uwner See ap~e~e~ rider Mop No. Lot No. P~Jot 0~net Georqe ~e~ett Wells 2. PROVISION 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 10030 A.3 2. ,-vm:,,,, OF.,,,~,.,~"~:^' App~o! !s =,.ode ...,.,,,., ~ ...... "~ for (please -~,~- appropriate' ~"~ (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. Lows Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for o variance and was mode in Appeal No ................................. Doted ...................................................................... REASON FOR APPEAL ( ) A Vorionce to Section 280A Subsection 3 (×] A Voriance to the Zoning Ordinance ( ) is requested to permit existing lot #1.3 to r~nain which hasan area of 64,788 square feet rather than the 80,000 square feet required by Article III A Section 10030 A.3 of the zoning ordinance. Porto ZBI (Continue on other side) REASON FOR APPEAL Ca~tinued 1. STRICT APPLICATION OF THE ORDINANCE would pracluce practical difficulties or unneces. sary HARDSHIP because without the requested relief lot 1.3 C~LrmOt be used fo, r a single family residence, the primary permitted use in the A-C, Agricultural ConK servation District in which the lot is situated. George Jewett Wells, the prior owner of all three lots, wishing to benefit Hallockville, Inc., a charitable organization, and to preserve the lend as open space for the benefit of the people of Southold, donated lot 1.5, which is a 22.516 acre lot, to Hallockville, Inc. by deed dated Dece~nber 15, 1986. Thereafter, Hallockville, Inc. by Indenture dated October 2, 1987 recorded in Liber 10442 page 182 conveyed the develolm~nt rights to lot 1.5 to the Town of Southo!d. After his conveyance, Mr. Wells retained ownership to lots 1.3 and 1.4. I~t 1.4, a lot of 202,552 square feet, cul'%olies with the zoning ordinance restrictions. Lot 1.3 c~mplies with all zoning ordinance restrictions except that for minimum lot size. No application for subdivision approval was made at the time of the conveyance to Hallockville, Inc. However, on July 7, 1989 the applicants herein applied to the Planning Board for such approval.- 2. The hardship created is UNIQUE and is not shared by oil properties alike in the immediate vicinity of this property and in this use district because not all properties in the J_n~nediate vicinity and in this use district have less than the required lot size of 80,000 square feet. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the 64,788 square foot parcel provides for an. area which is scme 81% of that required. Moreover, the neighboring parcel to the west which is c~¢ned by Hallockville, Inc..is open farm land which cannot be sub- divided or developed without the prior approval of the Town of Southold. As such, the reduced area will not have an adverse effect on Hallockville's parcel. Also, since lot 1.5 will remain open and undeveloped, the neighboring properties to the north will enjoy exactly the same light, air and open space as if a portion of said lot were added to lot 1.3. NORSTAR TRUST COMPANY, as Co-Executor of the Estate of George Jewett Wells William Howell Wells, as Co-Executor of the Estate of George Jewett Wells Timothy -We~s Verity ~r~_~ ' 11~-'TT~-~''- I*~'~ I TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET VILLAGE DIST. SUB. LOT iFORMER OWNER N E ACR. S W ~PE OF BUILDING REs. s~s. v~..~ I I ~,~ co~. LAND IMP. TOTAL DATE REMARKS , . . ~,~/~ / / I ' F~NTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL TOWN OF SOUTHOLD PROPERTY RECORD CARD FORMER CT~VNER SUB. LOT TYPE OF BUILDING RES. ,~'l.~ SEAS. VL FARM LAND IMP. TOTAL DATE COMM. CB. MICS. REMARKS Mkt. Value AGE NEW NORMAL FARM Acre Tillable Woodland BUILDING CONDITION BELOW ABOVE Value Per Acre Value FRONTAGE ON WATER FRONTAGE ON ROAD Meadowland DEPTH BULKHEAD Total DOCK Extension Extension Extension Porch Porch Breezeway Garage /3 X Z/ : // 5- Patio Oo Bo Total Foundation Ext. Walls Beth Floors · ?-efi'~ Fihish Heat Rooms 1st Floor· Fire Place Type Roof Recreation Room ~ e,-.~ Dormer 7,~7~ Rooms 2~d Floor Driveway TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET VILLAGE DIST. SUB. LOT FORMER OWNER t ~,>r~.~ ~-~, . ~.. .,. ~,~-,.~-, ~./, , -~ :. ~'~ .... ,(~ S W ~PE OF BUILDING LAND IMP. TOTAL DATE REMARKS FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.'~. 11~'71 TELEPHONE (516) 765-1809 Febraury 14, 1990 Payne, Wood & Littlejohn 3 School Street Glencove, NY 11542 Re: Appl. No. 3889 - Timothy and George Wells (Variance). Dear Mr. Colgrove: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GEI~Z~RD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy~f Decision to: ~Building Inspectors' Office Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 $OUTHOLD, /.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your 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 times allotted in the attached Legal Notice. Please feel free t~ call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, dff GERARD P. CHAIRMAN GOEHRINGER William D. Moore Patricia C. Moore MOORE & MOORE Attorneys at Law Clause Commons Suite 3 Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 Margaret Rutkowski Secretary December 19, 1989 Mr. Gerard Goehringer, Chairman Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 BY HAND Re: Appeal of Timothy and George Wells Dear Gerry: I am writing to you on behalf of Christopher Miceli, the owner of Suffolk County Tax Map parcel number 1000-75-7-1.005 (the same piece of property on which the "development rights" had been sold to the Town of Southold by the former owners, Hallockville, Inc. My secretary spoke with Mr. Miceli this morning and he will be sending a letter to our office which we will forward to you indicating his willingness to support and consent to the above referenced variance application. As I am sure you will hear this evening from attorney Peter Colgrove, the facts and circumstances which necessitate this application for a variance are truly unique. As we researched the Town's records in preparation for the purchase of the property owned by Hallockville to Mr. Miceli, our office discovered that the property which everyone assumed had been subdivided into four parcels with Town approval had, in fact, been subdivided into only 2 parcels. However, a review of the Planning Board's files reveals that the approved subdivision map has a series of lines drawn on it that make it appear that the map consists of 4 lots. Mr. Wells conveyed property to Hallockville without benefit of subdivision. The town then acquired the development rights to the property conveyed to Hallockville. Mr. Miceli is now the fee owner of the farmland which is part of the farmland preservation program. It appears that everyone believed that the sale of the development rights, in effect, effected a subdivision of the farmland property into a separate parcel. The Suffolk County tax map assigns a separate tax map number to each of the 4 supposed separate properties. This further added to the confusion. Separate individuals now own the 4 parcels which are the subject of the minor subdivision and which include the undersized parcel which is the subject of this application. We believe that no precedent will be set by approving the undersized lot which abuts the 22 acre farm which cannot be developed as no increase in population density can result from such approval. Nor is it possible to increase the undersized lot by reducing the acreage dedicated to the farmland preservation program without overly cumbersome steps which include the Southold Town Board. In any event, nothing is gained by reducing the property already within the farmland program as reduced density has been accomplished with the sale of the development rights. This truly is a unique set of circumstances which constitute a practical difficulty justifying the granting of the requested variance. If there is any additional information which we can provide to the Board, please do not hesitate to request it and it will be provided. Thank you in advance for your consideration of this matter. Very truly yours, ~Moore WDM/mr cc: Christopher Miceli Peter Colgrove, Esq. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM TO: FROM: DATE: RE: Gerard Goehringher, Chairman Zoning Board of Appeals Bennett Orlowski, Jr., Chairman Planning Board December 18, 1989 Application No. 3889 Timothy and George Wells SCTM # 1000-075-07-1.3 and 1.4 In response to your request for input, the Planning Board has reviewed the above-referenced file. The application before your board is part of a subdivision application before the Planning Board. The estate of George Jewett Wells wishes to subdivide the deceased's property in accordance with his will. The larger portion of the 28.653 acre parcel has been deeded to Hallockville, Inc. The development rights to this 22.5 acre piece of land have been sold to the Town of Southold. The remaining lots, #1 and #2, were deeded out to private landowners. It so happens that Timothy Wells who was deeded Lot # 1 also owns the adjacent parcel immediately to the north. As a consequence there has been a merger of the lots. The substance of Timothy Wells' request is that he should be allowed to keep the two lots separate, so as to be able to sell one lot and build on the other. The Board does not have a problem with this request, provided the variance is granted with specific reference to the unique circumstances of this application. To wit: the "out parcel", which is owned by Pettit, was created by the Planning Board in 1984 as a set-off. This 80,000 square foot parcel lies between Lot # 1 and Lot #2. Its presence and location prevents the more equitable subdivision of the land so as to make Timothy Wells' lot 80,000 square feet. Also, the development rights to the land to the rear of Timothy Wells' lot have already been sold to the Town, thereby eliminating the possibility of redrawing that lot line to create an 80,000 square foot lot. Enclosed please find other correspondence that explains some of the background. If there are further questions, please do not hesitate to contact Planning staff. 121 BELLEVUE AVENUE MONTCLAIR. NEW JE~RSEY 07049 W4 · Mr. Bennett Orlo ski,Chairman Southold Town Planning Board Town Hall Southold, N.Y. 11971 Dear Mr. Orlowski: Re: The Howell Farm South Harbor Road Southold November 2, 1989 On May 28, 1988 the Town of Southold honored George Wells for his gift to the town which made possible the purchase of land, known as "Silversmith's Corner", for a village green. George Wells died on July 18, 1988. As of the above date, the Southold Town Planning Board has refused to meet for the purpose of approving the subdivision of the ~owell Farm which b~longed to George Wells. The P~nning Board had already approved a division of this property with the purchase of two(2~ of its acres by Robert Pettit over two years ago. Of the remaining acreage, twenty-two~22) acres were given by George Wells to the Hallockville Farm Restoration, prior to his death. The Town of Southold purchased from ~allockville the development rights to that part of the property. The remaining acreage involves 4.6 acres under the farmhouse and its outbuildings,now up for sale,and approximately 1.4 acres given to Timothy Wells under George Wells' will. The ~lanning board asked for a new survey of the property with which they have been prsented, but no action has been taken regard~ing the approval of its subdivision. Because of this lack of action, the estate of George Wells remains in "limbo". The sale of the farmhouse cannot be achieved without clear title - dependent on the approval of the ~lanning ~0ard. The same is true for Hallockville aS Well as Timothy Wells in their disposition of their property. What the Planning Board may not be aware of is that the sale of the Howell Farm eventually benefits institutions in the Town of ~outhold, including the Southold Public Library; the ~outhold historical ~ociety; The Nature Conservancy of the ~orth Fork; and The ~astern ~ong island Hospital, as they are residual legatees under ~r. Wells, will. So, the approval of the subdivision is vital for their benefit as well. 121 BELLEVUE AVENUE MONTCLAIR. NEW JERSEY 07043 As his brother, and co-executor of the George Wells, estate, ~ have been informed that the Southold Town ~lanning ~oard has postponed any action on this matter until the spring of 1990. ~his makes it impossible to go ahead with carrying out the provisions of his will. m cannot understand in view of all that George ~ells, and his family, have done over many yearsfor Southold why the ~lanning Board lacks the understandin~ of the immediacy Of this matter and continues to refuse its cooperation. It seems to me that the only proper attitude of the ~lanning ~oard would be to hold a special meeting to approve the subdivion of the entire Howell Farm property so that the terms of the will of George Wells may be carried out without further delay. I would appreciate the kindness of your reply. Eespectfully, ~illiam ~owell ~ells Co-executor, the estate of George ~'~ells LAW OFFICES OF PAYNE, WOOD & LITTLE JOHN 139 GLEN STREET GLEN COVE, N, Y. ~1542 {516) 676-0700 23 VILLAGE SOUARE GLEN COVE, N. Y. 11542 December 12, 1988 Mr. Timothy B. Wells F-6 375 North Drive North Plainfield, New Jersey 07060 Re: Estate of George Jewett Wells South Harbor Road Southold, New York Dear Mr. Wells: We write as attorneys for the Estate of George Jewett Wells. At the time of his death, Mr. Wells owned the two parcels on South Harbor Road which are outlined in orange on the enclosed map. He also owned in common with you the parcel 4~.~/~j~'/~ adjoining to the north and outlined in blue. ~4r . As you probably are aware, Mr. Wells' two parcels were at one time part of a larger 30 acre parcel. In 1984, Mr. Wells obtained approval from the Southold Planning Board to set off a 80,000 sq. ft. parcel, which parcel was then conveyed to Robert Halsey Pettit. Thereafter on December 15, 1986, Mr. Wells conveyed a 22 acre parcel (outlined in green on the enclosed map) to Hallockville, Inc., who subsequently sold the development rights to this parcel to the Town of Southold. It has now come to our attention that Mr. Wells' conveyance to Hallockville, Inc., was made without the approval of the Southold Planning Board and as such Mr. Wells two parcels, of which you now own one, as well as the Hallockville parcel are not legal. Furthermore, since your parcel is less than the zoning ordinance's required 80,000 sq. ft., it has merged together with the parcel you owned in common with Mr. Wells to create one parcel which is of legal size. I spoke to the Southold Town Attorney last week and he advised me that to legalize these parcels it will be necessary for a subdivision application to be filed with the Southold Planning Board requesting approval to subdivide the property into three parcels, one consisting of approximately 4.5 acres PAYNE, WOOD E~ LITTLE:JOHN which is owned by the Estate, one consisting of some 22 acres which is owned by Hallockville, Inc. and the other being your merged parcel consisting of some 2 acres. We have contacted Roderick Van Tuyl, P.C. to do the surveying work and will prepare the necessary subdivision application papers. Because you and Hallockville, Inc. own part of the property which is the subject of this application, we will need both of you to join in the application. Please give me a call at your earliest convenience so that we may discuss this application more fully. Very truly yours, Peter B. ColgroveTM PBC:sm cc Robert D. Pike, Esq. FOR PAR~.. NO. SEE SEC. NO. 069-06-9.$ N_ _3_04, 20 ~ 7.$ A(c} (~) COUNTY OF SUFFOLK mm SOUTHOLO I' ~'~-- Real Prol)erly Tax Service Ao.ncYI"~""i I 075 Town Hall. 53095 Main Rogd P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 1989 William Howell Wells 121 Bellevue Avenue Montclair, New Jersey 07043 RE: Proposed Subdivision for the Estate of George Wells The Howell Farm South Harbor Road SCTM~1000-75-7-1.3,1.4,1.5 Dear Mr. Wells: The Planning Board has reviewed your letter requesting that the Board hold a special meeting to approve the above mentioned subdivision. It is the Planning Board's understanding that an application has been made to the Zoning Board of Appeals for a variance for Lot 1. Lot 1 is 64,788 square feet in area rather than the 80,000 square feet in area as required. Planning staff has received verbal notification that this application is to be scheduled for the December Zoning Board of Appeals meeting. Until a determination is made by the Zoning Board of Appeals, the Planning Board cannot grant any approvals on the subdivision. The Planning Board will proceed with the subdivision review upon receipt of a decision from the Zoning Board of Appeals. Please contact this office if you have any~ further questions. · /'7 /~ (V'6ry trulz.~rou~s," .',/ /'// ~ .,.; --., .., ..,.';" i...-, · Bennett Orlowski, Jr. -... ~'~ Chairman CC: Peter B. Colgrove, Attorney for applicant Gerard Goehringer, Chairman Zoning Board of Appeals Francis J. Murphy, Supervisor 121 BELLEVUE AVENUE MONTCLAIR, NEW JERSEY 07043 Nr. Bennett 0rlowski,Chairman Southold Town Planning Board Town Hall Southold, N.Y. l1971 Re: The Howell Farm South Harbor Road Southold Dear Mr. Orlowski: November 2, 1989 On Nay 28, 1988 the Town of Southold honored George Wells for his gift to the town which made possible the purchase of land, known as "Silversmith's Corner", for a village green. George Wells died on July 18, 1988. As of the above date, the Southold Town Planning Board has refused to meet for the purpose of approving the subdivision of the Mowell Farm which b~longed to George Wells. The P~nning Board had already approved a division of this property with the purchase of two(2~ of its acrea by Robert Pettit over two years ago. Of the remaining acreage, twenty-two(22~ acres were given by George Wells to the Hallockville Farm Restoration, prior to his death. The Town of Southold purchased from Mallockville the development rights to that part Of the property. The remaining acreage involves 4.6 acres under the farmhouse and its outbuildings,now up for sale,and approximately 1.4 acres given to Timothy Wells under George Wells' will. The ~lanning ~oard asked for a new survey of the property with which they have been prsented, but no action has been taken regard~ing the approval of its subdivision. Because of this lack of action, the estate of George Wells remains in "limbo". The sale of the farmhouse cannot be achieved without clear title - dependent on the approval of the ~lanning Board. The same is true for Hallockville as Wsll as Timothy Wells in their disposition of their property. What the Planning Board may not be aware of is that the sale of the Howell Farm eventually benefits institutions in the Town of ~outhold, including the Southold Public ~ibrary: the Oouthold historical ~ociety; The Nature Conservancy of the ~orth Fork; and The ~astern ~ong Island Hospital, as they are residual legatees under ~r. ~ells' will. So, the approval of the subdivision is vital for their benefit as well. 121 BELLEVUE AVENUE MONTCLAIR, NEW JERSEY 07043 As his brother, and ce-executor of the George Wells, estate, £ have been informed that the Southold Town ~lanning ~oard has postponed any action on this matter until the spring of 1990. This makes it impossible to go ahead with carrying out the provisions of his will. m canner understand in view of all that Geerge Hells, and his family, have done over many yearsfor Scuthold why the ~lanning Board lacks the understandi of the immediacy Of this matter and continues to refuse its cooperation. It seems to me that the only proper attitude of the ~lanning ~oard would be to~held a special meeting to approve the subdivion ef the entire Howell Farm property so that the terms of the will of George Wells may be carried out without further delay. I would appreciate the kindness of your reply. Eespectfully, ~illiam ~owell Wells Co-executor, the estate of George ~ells APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN. JR. JOSEPH H. SAWlCKI JAMES DINIZlO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., I~I.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 INTERDEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: Southold Town Planning Board Chairman and Members Valerie Scopaz, Town Planner Board of Appeals November 30, 1989 Pending Subdivisions Attached is a list of several subdivision projects which we understand have been, or presently under review by your office. Since we have, as of recent date, received applications concerning same,it is urged that if you wish to provide recommendations or comments concerning those elements affecting your jurisdiction, that you do so on or before December 18, 1989, and transmit a copy of your comments to the applicant or his attorney at the same time in order to keep coordination up-to-date. If we do not receive your comments by December 18, 1989, we will assume that you have no objections to the general lot-line layout as submitted and accordingly proceed. Thank you for your cooperation in this coordination. df Appl, No. 3884 - DICKINSON/THOMPSON. Variance to the Zoning Ordinance, Article I, Section 106-20 (Article III, Section 100-32) for approval of insufficient area in this pending division of land. -~ Appl. No. 3889 - TIMOTHY AND GEORGE WELLS. ~',~ a~?~?"~ '' =~c the Zoning Ordinance, Article III A, Section 100-30 A.3, (Article t, Section 106-20) insufficient area in this pending division of land. Appl. No. 3893 - CLAIRE AND MICHAEL GLEW. 'Variance to the Zoning Ordinance, 280-A Approval of Access of Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwelling). LAW OFFICES OF PAYNE, WOOD & LITTLE,JOHN THREE SCHOOL STREET GLEN COVE, NEW YORK II542 I39 GLEN STREET GLEN COVE, NEW YORK il542 October 12, 1989 Southold Planning Board Town of Southold Main Road - State Road 25 Southold, New York 11971 Attention: Ms. Valerie Scopaz Town Planner Re: Application of Estate of George Jewett Wells, Timothy Wells and Hallockville, Inc. South Harbor Road, Southold, N.Y. District 1000, Section 075 Block 07, Lots 1.3, 1.4 and 1.5 Dear Ms. Scopaz: In connection with the above application I enclose herewith an updated radius search of the abutting land owners. Very truly yours, ?eter B. Colqrove PBC:vw Encl. RADIUS SEARCH OF ABbTTING LAND OWNERS District 1000 Section 75 Block 3 Lot 3 Lot 15 Block 4 Lot 7 Lot 8 Lot 22 Lot 23 Lot 24 William J. Smith P.O. Box BC Stony Brook, New York 11790 Timothy B. Wells F-6 375 North Drive North Plainfield, New Jersey 07060 Frank & Mary Nawrocki South Harbor Road Southold, New York 11971 Frank Buonaiuto 1315 South Harbor Road Southold, New York 11971 George A. Stepnoski South Harbor Road Southold, New York 11971 Madelyn Baker Box 25 Southold, New York 11971 Audrey A. Conradi 2305 South Harbor Road Southold, New York 11971 Block 6 Lot 11 Frederick Lappe & Steven Lappe 2290 South Harbor Road Southold, New York 11971 Christopher Lappe 5520 Oak Street Cutchogue, New York 11935 Block 7 Lot 1.2 Lot 2 Robert Halsey Pettit P.O. Box 78 Southold, New York 11971 Frederick & Elsie Lappe 2290 South Harbor Road Southold, New York 11971 THREE SCHOOL STREET BEVERLy J, BELL STEPHEN P, CONLON ALAN C. POLACEK EDWIN F. HENDRICKSON JED C. ALBERT PETER ~. COLGROVE JANET GANIO LAW OFFICES OF PAYNE, WOOD & LITTLE JOHN THREE SCHOOL STRBET GLEN COVE, NEW YORk 11542 139 GLEN STREET GLEN COVE, NEW YORK II542 october 12, 1989 Town Clerk Town of Southold Main Road - State Road 25 Southold, New York 11971 Attention: Ms. Mary Ann Cybulski Re: Application of Estate of George Jewett Wells, Timothy Wells and Hallockville, Inc. South Harbor Road, Southold, N.Y. District 1000, Section 075 Block 07, Lots 1.3, 1.4 and 1.5 Dear Ms. Cybulski: Pursuant to our conversation, I enclose herewith the completed notice to adjoining property owner Robert Halsey Pettit, together with attached postmarked certified mail receipt. Very truly yours, Peter B. Colgrove PBC:vw Encl. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, '..I.,':N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 December 19, 1989 $.E.9.R.A. TYPE II ACTION DECLkRATION Appeal No. 3889 Project/Applicants: Timothy and George Wells County Tax Map No. 1000- 75-7-l.3, 1.4 and 1.5 Location of Project: South Harbor Road, S0uth0ld, NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of insufficient area in this pending division of land This Notice is issued pursuant to Part 617 of the implementing reg~lations pertaining to Article 8 of the N.Y.S. Enviror~ental Quality Review Act of the Enviror~nental 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 be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of ~;pe II Actions. Pursuant to Section 617.2jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQP~ 617.2jj. For further information, please contact the office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc 1 2 3 4 5 7 8 10 11 12 13 14 15 1'7 18 19 2O 21 22 23 24 25 41 Dickinson and Thompson, appeal number 3884? Anybody that would like to speak against it? Hearing no further comments, I make a motion closing the Hearing reserving the decision until later. MR. SAWICKI: Second. MR. GOEHRINGER: All in favor? THE BOARD: Aye. MR. GOEHRINGER: The next appeal is 3889 in behalf of Timothy and George Wells. Is Mr. Wells here? MR. CALLGROVE: No. I'm here on behalf of the Wells. MR. GOEHRINGER: The legal Notice reads as follows: "On application the applicants, 3889, variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, bulk and parking regulations, for approval of insufficient area in this pending division of land. Property location is South Harbor Road, Southold. County Tax Map No. 1000-075-07-1.3, 1.4, 1.5." I have a copy of the survey produced by Roderick VanTuyl, P. C., most recent date is RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (S16) 727-3168 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42 April 28, 1989. It appears to be a three lot subdivision, lot number one is 64,788 square feet, lot number two is 202,552 square feet, lot number three is 22.516 acres. The application before us, of course, is the undersized lot which is lot number one. I have a copy of a Suffolk County Tax Map indicating this and surrounding properties in the area. I have a letter from the Southold Town Planning Board indicating this particular property. Would you like to be heard, sir? MR. CALLGROVE: Thank you. My name is Peter Callgrove and I'm with the law firm Paine, Wood & LittleJohn. We're the attorneys for Timothy Wells and the Estate of George Wells. Also here tonight is Dorothy Tobell, she is the trust officer with NorStar Trust Company, one of the Executors of the Estate of George Wells. As you know, this variance application is made in conjunction with the applications of the Planning Board for a three lot subdivision and the prperty is located on the western side of South'Harbor Road. We did submit a Tax Map and I made some copies here just to orientate the Board there so you can get an idea of the three RAM Court Reporting Service 216 Court St.,Rlverhead, N.Y., {S16J 727-3168 1 3 4 5 7 10 11 12 13 14 15 17 18 20 21 22 23 24 25 lots here, which are the subject of application. MR. GOEHRINGER: Could quick question, sir? MR. CALLGROVE: Yes. MR. GOEHRINGER: Did the indicated in the white here the nature of this Estate? MR. CALLGROVE: MR. GOEHRINGER: 43 the I just ask you a lot which is as 1.2, was that ever Yes. You're going to address that? MR. CALLGROVE: Yes. Parcel one, the parcel up in the northeast corner, is owned by Timothy Wells which is 64,788 square feet. Parcel two is 202,522 square feet and that's owned by the Estate of George Wells. And parcel three which encompasses 22.56 acres is now owned by Christopher Zelby. Hallockville, Inc., is no longer the owner of that. The history of this property is that George Wells owned the entire parcel at one time, it encompasses about 30 acres-including this out parcel here. And in 1984 he received approval from the Planning Board for a setoff application at which point this lot was RAM Court Reporting Service 216 Court St.,Rlverhemd, N.Y., (516) 727-3168 1 2 3 4 5 7 8 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 setoff and the property, secured. Thereafter it was An interesting point of the 44 after approval, was sold to Robert Pettit. record there for the application of the setoff is that apparently the first map, I've never seen it before, but it's in the Planning Board record, this lot was moved up a little further so that the frontage for this area here was only 166 feet and the Planning Board said to preserve this as a building should make it 175 feet, so that created the 175 lot you so they moved it down foot frontage there. So this lot was conveyed to Robert Pettit in 1984. And in December of '86, George Wells made a gift of this parcel here, the 22 acre parcel, parcel And the three, to Hallockville. It was a gift. problem here was that no Planning Board approval was secured. Whether there was a mix up or whether he thought the setup was for the whole subdivision, an application for the property into four lots, it's unclear. We don't know what happened. We do know that Hallockville then conve~ed the development rights for this parcel to the Town of Southold. And our thoughts are since the negotiating process was going on, and I RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516} 727.3168 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 45 talked to Bob Pike who was the attorney for Hallockville, he told me that the intent was that the gift would be to Hallockville with the understanding that Hallockville would then sell the development rights to the Town. So there was never really any intent that this would be developed. But again, it was without Planning Board approval. And by deeding this property out to Hallockville it created these two lots. And this lot is fine, it's over 200,000 square feet. But the problem is that this lot here is substandard, it does not meet the requirement of the 80,000 square foot MR. GOEHRINGER: the development rights of property? Zoning District. Did the Town then take to this particular piece MR. CALLGROVE: Yes, they have. MR. GOEHRINGER: Okay. They have them? MR. CALLGROVE: Yes. So, the relief sought tonight is for a variance to allow this undersized lot so that we can continue with the Planning Board 'and hopefully get that subdivision approval right now. The impracticality here of getting that land for this lot is that one of the RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., ~516! 727-316~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 1 2 3 4 5 46 conditions in the deed from Hallockville to the Town for the development rights is this lot can never be subdivided again, so it's in the deed and I think you would need a Town Referendum to approve that to get a subdivision. And even if that was approved, it would be impractical because the line would then come out a 100 feet or so and Mr. Macille is a farmer and so his rows of corn or whatever he was going to plant would go up like this and that and that would cut into his planting property. And the idea, those are impracticalities of curing that, because this is going to be held as farm land, the intent of the Ordinance is to keep open space and two acre Zoning and not have over density and light and noise protecting the neighbors to the north and so forth would be protected because again they'll be no building back here. So the Ordinance is not being followed unfortunately but the spirit of it really is because you know that's not going to result in any greater density. And the net effect of all this is that there will be one other house, it's one other house in the total 28 acres. And the Board requests that a RAM Court Reporting Service 216 Court St.,Rlverhead, N.Y., ($16} 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 variance be granted for this undersized lot. ~R. GOEHRINGER: Thank you, sir. We appreciate it. We'll see what else develops throughout the Hearing. MR. CALLGROVE: MR. GOEHRINGER: answer your question? Thank you. Does that sufficiently 47 MR. DINIZIO: Only one thing. Lot number one, the one that's the subject of this, is that the lot that has a house on it right now? No. That's the lot here. lot is vacant right now. Robert Pettit is building a MR. CALLGROVE: Robert Pettit. That MR. DINIZIO: new house. MR. CALLGROVE: (Indicating.) MR. DINIZIO: there and I drove down there today, there's that I thought was his. MR. CALLGROVE: I think there up here. Is he? I know there's one Because when I went down I saw that a new house and a new foundation on a lot here. (Indicating.) is a lot I know the Town used to own a lot up here on the Tax Map, you can see it up there, it says the Town of Southold. Mr. Wells RAM Court Reporting Service 216 Court St.,Riverhemd, N.Y., (516) 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 told me that was being built on. correct, I'm not sure. 48 Whether that's MR. DINIZIO: But there's no house on that particular small lot? MR. CALLGROVE: No. This is vacant. That's the proposed house that is required by the subdivision application. There's a house here and the old homestead here has the old barn and so forth. GOEHRINGER: Who owns the old MR. homestead? MR. they're to close the Estate and they would like They're negotiating now with a buyer. MR. GOEHRINGER: Okay. MR. CALLGROVE: And it's all held up now because we're trying to cure something that was done improperly a couple of years ago. MR. GOEHRINGER: Thank you very much. Is there anybody else who would like to speak in favor'of this application? MS. BAKER: I'm Madeline Baker and I'm a neighbor of this property and I received a notice CALLGROVE: The Estate owns that and looking as part of the Estate, they want to sell it. RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., {516} 727-3168 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 49 from the Board about the setoff and I have no objection at all to this because there are other properties in the area of the same size or smaller and I don't think it would be a detriment to the neighborhood. Incidentally, the house that you were talking about that is being built there is affordable housing. MR. GOEHRINGER: On that lot that would be indicated as Southold Town, I assume? MS. BAKER: Yes. Well, Southold Town had bought a lot north of this property and that was affordable housing that is being put on that small house that you saw, MR. DINIZIO: odd that they were the new one. I just thought it was rather asking for something and they were building a house on it already. MS. BAKER: No. That is one of the affordable housings of Southold Town. MR. GOEHRINGER: Thank you very much, Ms. Baker for coming here. Mr. Pettit? MR. PETTIT: My name is Robert Pettit, own the property adjacent to the property in question. I just want to say that I have no objection to this at all. I RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., [516~ 727-3168 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5O MR. GOEHRINGER: Thank you very much. Anybody else that would like to speak in favor? Anybody that would like to speak against? Hearing no further comments, I make a motion closing the Hearing reserving decision until later. MR. SAWICKI: Second. MR. GOEHRINGER: All in favor? THE BOARD: Aye. MR. GOEHRINGER: Thank you very much for coming in. The next appeal is in behalf of Walter Glasser, it is appeal number 3890. The legal Notice reads as follows: "Upon application the applicant 3890, special exception to the Zoning Ordinance, Article IX, Section 100-91, for permission for change of use from place of worship to office/ apartment. Property location is 475 Beckwith Avenue, Southold. County Tax Map No. 1000-061-01-25." · I have a copy of the survey, most recent date, Roderick VanTuyl, P. C., is June 30, 1989, indicating the former Grange Hall and subsequent RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., ($16~ 727-3168 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 hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on TUESDAY, DECEMBER 19, 1989, at the following times: 7:30 p.m. AppL No. 3870-- MATTHEW CUSUMANO. Variance to the Zoning Ordi- nance' Article XXIII, Section 100-239d, (Article IliA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchogue' County Tax Map No. 1000, Section 136, Block 01, Lot 01. 7:35 p.m. Appl. No. 3868-- NICHOLAS NICKOLAUS. Variance to the Zoning Ordi- nance, Article XXIII, Section 100-239d A, as disapproved, for permission to construct addition to existing one family dwelling and accessory building, propos- ed construction is less than 100 ft. from bluff 'of Sound in this R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000, Section 51, Block I, LOt 2. 7:40 p.m. Appl. No. 3881- WARREN AUGENTHALER. Variance to the Zoning Ordi-' nance, Article Ill, Section 100-33, for permission to con- struct accessory building inf frontyard area. Property Loca- tion: 7225 Nassau Point Road, Cutchogue' County ~x Map No. 1000, Section 111, Block 15, LOt 12. 7:45 p.m. Appl. No. 3893-- MICHAEL AND CLAIRE GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwell- ing). Property Location: 61339 Main Road, Southold, County Tax Map No. 1000, Section 56, Block 1, Lot 41. 7:5~[n. Appl. No. 3873-- VINI~IALETILIC. Variance to the Zoning Ordinance, Arti- cle Ill A, Section 100-30 A.3, for permission to construct a deck addition, construction exceeds. permitted lot coverage of this R-40 Zone District. Property Location: 780 Orchard Street and 1300-2nd Street, New Suf- folk, County Tax Map No. 1000, Section 117, Block 7, Lot 22. 7:55 p.m. Appl. No. 3879-- CHARLES MALONE. Variance to the Zoning Ordi- nance' Article XXIII, Section 100-230C (I), 100-231 A., for permission to construct a 6 ft. fence in frontyard area, fence ex~ ceeds 4 ft. in height. Property. Location: 358 North Sea Drive' Southoid, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 8:00 p.m. Appl. No. 3886-- ROBERT STAPLES. Variance to the Zoning Ordinance' Arti- cle XXIII, Section 100-239d (C), for permission to construct a new dwelling adjacent to fresh- water wetlands in this R-40 Zone district, proposed dwelling wilt be closer than 75 ft. from fresh- water wetland. Property Loca-5~ tion: 785 Wilmarth Avenue, Greenport, County Tax Map No. 1000, Section 41, Block 1, Lot 7. 8:05 p.m. Appl. No. 3894-- JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct deck addition with insufficient front yard setback. Property Location 2225 North Sea Drive, Southold, County Tax Map No. 1000, Sec- tion 54, Block 04, Lot 23. 8:10 p.m. Appl. No. 3892-- ANTHONY BOLLETINO. Variance to the Zoning Ordi- nance, Article II1, Section 100-33, for permission to con- struct an accessory shed and gazebo in front yard area. Pro- perty Location: 16705 Main Road, Route 25, East Marion, County Tax Map No. 1000, Sec- tion 23, Block 1, Lot 14.6. 8:15 p.m. Appl. No. 3888-- ERNEST TARMIN. Variance to the Zoning Ordinance, Article III, Section 100-33, for permis- sion to construct Accessories; pool, tennis court and shed in front yard area. Property Loca- tion: 29823 Row off Main Road, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 1.10. 8:20 p.m. Appl. No. 3887~ MARK AND ELLIE GOR; DON. Variance to the Zoning. Ordinance, Article III, Section 100-33, for permission to con- struct a tennis court in fmntyard area. Property Location: 1019 Private Road fi7 Fords Road, Southold, County Tax Map No; 1000, Section 87, Block 1, Lot 18.4. 8:25 p.m. Appl. No. 3891- ELIZABETH JOHNSTON. Variance to the Zoning Ordi- nance, Article Ill, Section 100-32.4 (A), for permission to construct a lap pool, accessory pools not permitted in frontyard area. Property Location: Row off Oregon Road, Cutchogue, County Tax Map No. 1000, Sec- tion 073, Block 02, LOt 01. 8:30 p.m. Appl. No. 3884-- DICKINSON/THOMPSON. Variance to the Zoning Ordib nance, Article I, Section 106-20, (Article Ill, Section 100-32), for approval of insufficient area in this pending division of land and Bulk and Parking regula- tions. Property Location: Main Bayview Road, Southold, Coun- ty · tx Map No. 1000, Section 078, Block 09, Lot 30. ~"' 8:35 p.m. Appl. No. 3889~ ' TIMOTHY AND GEORGE WELLS. Variance to the Zoning Ordinance' Article III A, Sec-i tion 100-30 A.3, Bulk and Park/t ing Regulations, (Article I, Sec~ tion 106-20), for approval of in~ sufficient area in this pending division of land. Property Loca- tion: South Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07, Lot 1.3, 1.4, 1.5. 90~J ~ 8:40 p.m. Appl. No. 38 WALTER GLASSER. Special' Exception to the Zoning Ordi-' nance' Article IX, Section' 100-91, for permission for change of use from Place of Worship to Office/Apartment.. Property Location: 475 Beck- with Avenue, Southold, Coun~ ty Tax Map No. 1000, Section 061, Block 1, LOt 25. 8:45 p.m. Appl. No. 3882-- BIDWELL WINERIES. Special Exception to the Zoning Ordi: nance' Article III, Section 100-30, for approval of con-.~ sumer tasting and retail sales from the Winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Sec- tion 96, Block 4, Lot 4.3. 8:50 p.m. Appl. No. 3896-- JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning ordinance' Article IX, Section 100-91, for permis- sion to have Office/Retail business on first floor and resi- dential rental apartment on sec- ond floor. Property Location: 55415 Main Road, Southold, County 'Pax Map No. 1000, Sec- tion 62, Block 1, Lot 12. 8:55 p.m. Appl. No. 3872-- COMPASS TRANSPORTS. Resolution to conclude hearing in its entirety. 8:55 p.m. Appl. No. 3770-- PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on Novem- ber 8, 1989. The Board of Appeals will at said time and place hear any and all persons or representatives de- siring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allot- ted. Additional time for your presentation will be available' if needed. For more information, please call 765-1809. Dated December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD : OF APPEALS GERARD F. GOEHRINGER CHAIRMAN By Doreen Fcrwerda IX, 12/7/89 (10) NOTICE ok' HEARINGS NOTICE 1S HEREBY GIVEN. punuant to SecUre 267 of thc Town Law and the Code of the Town of Seotbeld, the f~lov~n8 be~inss will be held by the SOUTHOLD TOWN BOARD OF APPEALS at · Regular Mee~ns, at the Seutheid Town HaIL Main Read, Scmthold. NY 11971, on TUESDAY, DECEMBER 19, 1989, 7:30 p.m. AppL No. 3870 -- MA'ITHEW CUSUMANO. Vmlancg to the Zonins Ordinance, Article xxm, Section 100-239d, (Article ilIA, Sec-don 100-30 A.3) as disap- proved, for permission to construct a deck and tuber eddi6ons, prolMsed c~nsUuction will be less than 75 ft. from water or wedands and will haw inadficie~t front and rear yard sot- backs. Propei~y Location: 435 B~iar- wood Lane, Cutchogue. County Tax Map No. 1000. Section 136. Block Ol, Let 01. 7:35 p.m. Apld. No. 3868 -- NI- CHOLAS NICKOLAUS. Vathnce to the Zoning Oz~nance, A~cl~ XXllL Section 100-239d A, as disappeoved. for permission to construes addition to ~6sting one family dwelling and accessory befldinL proposed con- 7:45 p.m. Appl. No. 3893 -- MIC.~EL AND CLAIRE GLEW. Va~ to the Zoning O~dinance. 280-n~pproval of Access IUgat-of- Way, (Article XXVIH, Section 100- 281 B. conttmct · one family dwelling), pm~rty Location: 61339 Main Read, Sonthold, County Tax Map No. 1000, Section 56, Block I, Lot 41. 7:50 p.m. AppL No. 3873 VI~KO NALETH.IC. Variance to the Z~flin80Tdin&nce, Article ITl A, Sec- tion 100-30 A.3, for ge~nissiea to construct a deck addition, construction exceeds permitted lot coverase of this R-40 Zone DistrlcL Properly L,~t~n: 780 O~ha~d and 1300-2nd Street, New Sdffolk, County Tax Map No. 10G0, Section 117. Bloch 7. LOt 22, 7:55 p.m. AppL No. 3879 CHARLES MALOHE. Variam:e to the Zoning ~, Aflick~ Section 100-230(: (I), 100-231 A., for permission to constmc~ a 6 ft. 4 ft. in height, properly Location: 358 North Sea Drive, Seathold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 8:00 p.m. AppI. No. 3886 ROBERT STAPl.~S. Variance to the Zoning Ordinance, Article XXIIX, Section 100-239d (C). for permission to construct a new dwelling adjacent to freshwater wedands in this R-40 Zone Districk preposcd dwelling will be closer than 75 ft. from freshwater wetland. Property Location: 785. Wilmarth Avenue, Greenport, County Tax Map No., 1000, 41, Block 1, LOt 7. Location: 16705 Maij~oad, Route 25. East Marion, C~Tax Map No. 1000, Section 2~ock 1, Lot Section 100-32,4 (A), for permission Section 100-32), for approval of ~guindons. Pr~erty Location: Main 8:40 p.m. Appl. No. 3890 -- WALTER GLASSER. Special Ex- cef6ou to the Zoning Ordnance, Ar- tide IX, Section 100-91, for pennis- siee for change of use from Place of We~hip to Offi~Apartmem. Prop- ep:y Location: 475 Bechwith Avenue, Southo~d, County Tax Map No. 1000, Se~ion 061, Block I, Lo( 25. 8:45 p.m. AppL No. 3882 -- BIDWE1 l WINERIES. Special Ex- caption to the Zoeln8 Ordinance, Ar- ticl~ I~, Secdou 100-30, for approval of consumer tesdns and retail sales Route 48, Cuteho~ue, County Tax Map No. 1000, Section 96, Block 4, I.~ 4.3. 8:50 p.m. At~l. No. 3896 JERRY GAMBONE AND KES ZAPKUS. Spechl Excetalon to the Zoning O~dinance, Aflinle IX, Sec- don 100-91, fo~ permission to have Office/Retail business on tint floor and residondel rental apartment on second floor. Property Location: 55415 Main Road. Southold, County Tax Map No. 1000, Section 62. Block I, Lo( 12. 8:55 p.m. Appl. No. 3872 COMPASS TRANSPORTS. Reso- lution to conclude hearing in 8:55 p.m. Appl. No. 3770 PORT OF EGYPT, I~qgosed of the Beard to re-open said heatin8, closed on November 8, 1989. 'l'ae Board of AtR:gals win at said dine and phce bear any and ail per- ~s or tv. preseotatives deslrins to be atmction is less than 100 ft. from 8:05 p.m. Appl. No. 3894 -- Bayvinw Road, Sonthold, County · hcatd in each of the above mauers. · * JOSEPH -"~ LAWR'"C' Tax Map No. 1000, Section 078, Written c~nmems may elso be sub- bluff of Smmd m this R-80 Zone ~,~u ~ ~ ~ ....... ~ ..... usion of the DistrtcC ~ Loeauon' 17555 PEAR~. arran totheZe~l- ~ _ .......... Soundvinw Avenue, S~'uthold. ins Ordinm~c~, Ardele X3OV, Section ~8:35 p.m. Appl. No. 3889 -- TI- ~ moject nea.~.A. ~a.ca nea,r~, g vt~!l not stagt betore ttme allotteo Counw Tax Ma~ No. 1000, Section 100-244B, for permission to con-. MOTHY AND GEORGE WELLS. -- - stm ..... wi ............... / Addiuoneitune for your presentauon 51,BlockI, L~t2. ctdectadaauon mmsumc~ent vartancetotAet, omngoramance, / ............. 7:40' p.m. AppL No. 3881 -- front yard setback. Property Locauon Artrele Ill A, Sectmn 100-30 A.3~ / .. ' ~. .... ,s 7~n 18oo WARREN AUGENTHALER. Van- 2225 Noflh Sca Dn e, Southold, , Bulk and Parking Regulattons~ ........ 54 B ...... 23 .......... · llI. Seotien l~xi-.~,~mper~usnonto . loc~tm, l.~ . ~provM ox msm.ctent area m m,s~ .rt~BOARDOFAPPEALS conatmctacce~soryhtildinginfrcet- 8:10 p.m. Appl. No. 3892 -- 'pending division of land. Properly \ "~G'~"IL~ P GOEHRINGER yard area. Property L~cafien: 7225 ANTHONY BOLLETINO. Variance Location: South Harbor Road, ~ · t'~4AIRMAN Nassau point ~Road, Cutchogue, totbeZoning~ce. ArticlelH,~ .- Southold, Ceunty Tax Map No. County Tax M4P No. 1000, Section Secti~ 100-33; for permission tc~ 1000, Section 075. Block 07~ Ldt .~2J~...Bl_.o=k_JS...~z_~.~o.s.~ a....~=._,:o~.:~ an~ .~.3, ~.4, 1.5. : ~ ~'~"'~' Patricia Heaney of Mattituck, ln said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, n Weekly Newspaper, published et Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed ts a printed copy, has been regularly published In said Newspaper once each week for 1 weeks successively, coffimencing on the 7%h day of December 1909 STATE OF NEW YORK ) ) SS: COUNTY OF NASSAU ) On this LqL~day of August 1989, before me personally came DOROTHY A. CLAVET,I,, to me known, who, being by me first duly sworn, did depose and say that she is an Assistant Trust Officer of NORSTAR TRUST COF~ANY, the corporation described in and which executed the foregoing instrument; that she knows the seal of said corporation; that the seal affixed to said instr~nent is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she signed her name thereto by like order. ) cousfl~ OF ~FO~ ) SS: PETER B. COLGROVE On this ~%~ day of ~ 1989, before me personally came W~T,T,TAM HOWEf,T, W~.T~, to me known to be the individual described in and who executed the foregoing instrument and duly acknowledg~ that he executed the same. VERONICA F. CIDONE NOTARY PUBLIC, State of New York No. 52 - 4661406 Quallf'md In Suffolk County ,^ Ol STATE OF N~ J~SEY ) COUNTY OF ~ ss: On this day of August 1989, before me personally came TIMOTHY WRT.T~, to me known to be the individual described in and who e~.ecuted the foregoing instrument and duly acknowledged that he ex_~c~ted the ~me. /~ ~ M0~TCLAIR SAYINGS p. 0. BOX 666 STATE OF NEW YORK ) ) ss: COUNTY OF SU~'~OLK ) On this /~;~-day of~me personally came VERITY O'BRTRN, to me known, who, being by me first duly sworn, did depose and say that she is the President of HALIDCKVTTZ.~., INC., the corporation described in and which executed the foregoing instrument; 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 corporation, and ~hat chp~__signed her name thereto by like order. N~T,M~Y i ,, 5~!C, $1c~ie o~ New Y.~rk RIDER The Appellants are as follows: NORSTAR TRUST COMPANY, having an office at 9-13 Glen Street, Glen Cove, New York 11542 and WILLIAM HOWELL WELLS, residing at 121 Bellvue Avenue, Upper Montelair, New York 07043, as co-executors of the Estate of George Jewett Wells, and TIMOTHY WELLS, residing at 375 North Drive, F-6, North Plainfield, New Jersey 07060 and HALLOCKVILLE, INC., a charitable organization with offices at South Avenue, Northville, Post Office Box 765, Riverhead, New York 11901, Current Owners: TIMOTHY WELLS is the owner of property designated as District 1000 Section 075 Block 07 Lot 1.3. ESTATE OF GEORGE JEWETT WELLS is the owner of property designated as District 1000 Section 075 Block 07 Lot 1.4. HALLOCKVILLE, INC. is the owner of property designated as District 1000 Section 075 Block 07 Lot 1.5. RIDER The Appellants are as follows: NORSTAR TRUST COMPANY, having an office at 9-13 Glen Street, Glen Cove, New York 11542 and WILLIAM HOWELL WELLS, residing at 121 Bellvue Avenue, Upper Montclair, New York 07043, as co-executors of the Estate of George Jewett Wells, and TIMOTHY WELLS, residing at 375 North Drive, F-6, North Plainfield, New Jersey 07060 and HALLOCKVILLE, INC., a charitable organization with offices at South Avenue, Northville, Post Office Box 765, Riverhead, New York 1190~, Current Owners: TIMOTHY WELLS is the owner of property designated as District 1000 Section 075 Block 07 Lot 1.3. ESTATE OF GEORGE JEWETT WELLS is the owner of property designated as District 1000 Section 075 Block 07 Lot 1.4. HALLOCKVILLE, INC. is the owner of property designated as District 1000 Section 075 Block 07 Lot 1.5. NAMEAND [k ~' ' Indicatetypeofmail ADORESS ~1~ ~ C0{J0it~n~--~",m~O~lrt [] Registered Check appropriate block for Affix stamp here if issued es r lne Numb.r ot.~ ~A~ ~ Express Mail POSTMARK AND DA TE OF RECEIPT ~~ ~oj~.q_q%_~o2 ,t~ .~'~ . ?o ~ · . lO l] 14 V.~- ~ ~- 15 / ' ~ "" ~ ment reconstruction lnsuran~ IS 150,000 per piece subject to a limit of S500,000 per occu~ence. The maximum indem~ty payaMe on Expre~ Marl merchandise insurance is $500. The maximum indemnity payable is $25,000 for Re~stered Marl $400 for $400 for lnsur~ M~I S ~ ~ ' .' COD and p~ce~. S~c~l deHver~'se~' ..... ~} ~rg~ ~pplx. only tp Th~a- and Fourth~lass rPEN BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : NORSTAR TRUST COMPANY* : to the Board of Appeals of the Town of Southold TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~ (Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: west side of South Harbor Road, Southold, New York and known and designat:ed as District: 1000, Section 075, Block 07, Lots 1.3, 1.4, 1.5 on the Suffolk County Land and Tax Map 3. That the property which is the subject of such Petition is located in the following zoning district: A-C; Arqicultural Conservation District 4. That by such Petition, the undersigned will request the following relief: Pe~lission to allow an existing lot to r6m~ain winich has an area of 64,788 square feet rather than the 80,000 square feet required. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article IIIA Section 10030 A-3 [ ] Section 280-^, New York Town Law for approval of access over right(s)~of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: September , 1989 Petitioner Estat~ of ~o~ge J~ett Wells, 0wner$ ' Names :Timothy Wells & Hallockville, Inc. Post Office Ad~lres~ C/O Payne, ~ood a Li~tlejohn Three School Street, Glen Cove, New York Attention: Peter B. Colgrove, Esq. Tel. No. ( 516 ) 676-0700 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] * NorstarTrust C~t~anyand Willi~Howell Wells, as Co-executors of the Estate of George Jewett Wells, and Timothy Wells and Hallockville, Inc. ~AME PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS William J. Smith P.O. Box BC Stony Bro~k, New York 11790 Timothy B. Wells F-6 375 North Drive North Plainfield, New Jersey 07060 Frank & Mary Nawrocki South Harbor Road Southold, New York 11971 Frank Buonaivto 1315 South Harbor Road Southold, New York 11971 George A. Stepnoski South Harbor Road Southold, New York 11791 Box 25 Southold, New York 11891 Audrey A. Conradi 2305 South Harbor Road Southold, New York 11791 Frederick Lappe & Steven Lappe & Elsie Lappe 2290 South Harbor Road Southold, New York 11791 Christopher Lappe 5520 Oak Street Cutchogue, New York 11935 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Theresa Linn~eyer , residing at 31 Orchard Street Glen Head, New York 11545 , being duly sworn, deposes and says that on the ~-~/l,~' day of October ,19 89 . 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 the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; tha! said Notices were mailed at the United States Post Of- fice at Glen Cove, New York 11542 ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn toJaefore me this ~_U ' ELIZABETH A. OARMODY NOTARY PUBUO, 8mrs of New Yonk No. 485~20 Qualified In Ne~au Oounty Term Expkea Apdl 7, lggo (This side does not have to be comp]eted on form transmitted to adjoining property owners,) ADDRESS I 01~ =lt ~W r-I l]l~lted ~ldltlonal copl~ of this bill. O; SENDER ~ ~ ;~[ ~OD ~ With Post~ / ~ / ~- · . / 10 :11 ................ t $400 for Insur~ Marl. S~ ~ c~es appl~, o~y to T~d- a~ Fo~th~l~s ~. $500. The maxum ~dem~ty payable is $~,000 foz Re~ste~ Ma~ $400 for COD and p~cels. S~ de~e~ se~ ~so ~udes s~ ~n~ s~. THREE SCHOOL STREET VICTOR C. McCUAIG, JR. BEVERLY ~ BELL STEPHEN P. CONLON ALAN C. POLACEK EDWIN F hENDRICKSON OF COUNSEl JAMES M. MARRIN JED C. ALBERT LAW OFFICES OF PAYNE, WOOD & LItTLE JOHN THREE SCHOOL STREET GLEN COVE, NEW YORK 11542 139 GLEN STREET GLEN COVE, NEW YORK 11542 October 5, 1989 139 GLEN STREET (516} 676-3662 FAX (516) 676-3915 Philip C. KILIAN WARREN I TITUS, JR, DAREN A. RATHKOPF JAMES A. EISENMAN OF COUNSEL CHARLES G MILLS COUNSEL JOHN A DEBELLfS Southold Town Board of Appeals Main Road - State Road 25 Southold, New York 11971 Re: Application of Estate of George Jewett Wells, Timothy Wells & Hallockville, Inc. South Harbor Road, Southold, N.Y. District 1000, Section 075 Block 07, Lots 1.3, 1.4 & 1.5 Gentlemen: In connection with the above, I enclose herewith the following: 1. An original and two copies of the Application. 2. Completed Notice to Adjoining Property Owners Form, together with attached postmarked certified mail receipt. 3. Short Environmental Assessment Form. Zoning Board of Appeals Questionnaire, together with copy of contract between Hallockville, Inc. and Christopher Miceli. 5. Disclosure Affidavit of Hallockville, Inc. 6. Copy of Notice of Disapproval from the Building Inspector. 7. Four copies of survey of the premises prepared by Roderick Van Tuyl, P.C., dated April 28, 1989. LAW OFFICES Of PAYNE, WOOD ~ LITTLE~IOHN Southold Town Board of Appeals Page - 2 - 8. Copies of the following deeds: a) Deed from George Jewett Wells to Hallockville, Inc. dated December 15, 1986 recorded February 10, 1987 Liber 10245, page 586. in b) Deed from the Estate of Lillian M. Howell to George Jewett Wells a/k/a George Wells dated January 25, 1972 recorded February 7, 1972 in Liber 7107 page 464 and on April 12, 1974 in Liber 7620 page 226. c) Deed from the Estate of George J. Wells to Timothy Wells dated June 22, 1989. Certificate of Occupancy #Z12931 dated October 24, 1984 for tax lot 1.5. 10. Chain of title of the premises back to November 22, 1958. 11. Payne, Wood & Littlejohn check in the amount of $150 to cover filing fees. Please advise the undersigned as soon as a hearing dated has been set. Thank you for your attention to this matter. Very truly yours, Peter B. Colgrove PBC:vw Encl. CC: Dorothy A. Clavell William Howell Wells Timothy B. Wells Robert D. Pike, Esq. ~Lr'i 617.21 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comDleted by APDlicant or Project sponsor) t. APRUCANT Estate of George Jewett Wells I z. P~EC~ NAME Estate of. George J. Wells at Timothy; Wells & Hallockviller Inc.I Southbld, Town of Southold, New York · a. I%qOJEGT LOCATION: MunlciPmlly Town of Southold C~nW Suffolk The project location is on the westerly side of South Harbor Road, 1,248.26 feet south of Main Road, South01d, New York 5. I~ PROPOSED ACTION: ~ New r~ ~danSiOdt ' [~] Modif Ica t ion/alt etatlo~'l 6. DESCmOE PR~ECT BRIEFLY: ~e ~plic~t se~s ~ssion ~ s~ivide a 28.653 acre ~rcel ~to ~ee ~rcels. Parcel 1 as sho~ on ~e s~ivision ~p is 64,788 ~. ft. ra~er ~ ~e 80,000 ~. ft. r~ir~ by ~icle III A Section 10030 A3 of ~e zoning or~n~ce. AMOUNT OF !AND AFFECTED:, Inittalty 28. 653 ac,e~ Ultimately 28. 653 acre~ WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING lAND USE fl~$TRICTION$? I'~ Yes [~ NO If NO, di~ri~ briel~ ~e ~lic~t will need a variance for Parcel 1 as it is less ~ ~e 80,000 sq. r~ by ~icle III A Seqtio~ 10030 A.3 of ~e zoning ordi~ce. ft. 9. WHAT IS PRESENT LANO USE IN VICINITY OF PROJECT? * [] Residential [] Industrial ~[-'~ Commercial ~ Ag,icultme r-~ ParP,,'ForesuOpen space [~ Other The subject property is surrounded by farms. To its north along South Harbor Road are approximately 13 single family dwellings. , ,, 10. DOES ACTION INVOLVE A PERMIT APPROVAl. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAl.)? ~] Yes [] No l! yes, liet ageflcy~s) and ;ermiUapprovaJ$ Subdivision approval will be needed frc~ the Town of Southold Planning Board and the Suffolk County Health Department. [] Yes [] No If ye~. Iisi agency name and petmitlappro~al 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes ~ NO I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Estate of George Jewett Wells, name: Timothy Wells and Hallockville, Inc. Oate: ~'~'l'b~. B. COLGROVE, Attorney for Applicant I! the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER I (Continued on reverse side) The N.Y.S. EnvirOnmental Quality Review Act requires submission of this form, and an environmental review will be made ~y th~s before any action ia taken. SHORT ENVIRONMENTAL ASSESSMENT INSTRUCTIONS= (a) ~n order to answer the questions in this short EAr it is assumed ~hat the preparer will use currently .available information concerning project and ~he likely ~mpacts of the action. It ia not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the p~oject may be slg- nifican~ and completed Environmental Assessment Form Ks necessary. (c) If all questions have been answered No it is likely that the project is no= significant. (d) ~nvlronmental Assessment 1. Will project result ~n a large physical change to the project site or physically alter more than l0 acres of land? Yes X NO 2. Will there be a major change to any unique or X NO unusual land form on the sate? ..__Yes -- 3. Will projec~ alter or_have a large effect on an existing body of water? Yes X No 4. Will project have a potentially large, impact on groundwater quality? --Yes--X NO 5. Will project significantly effect drainage flow on adjacent sites? Yes XNo S. 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 guality? __Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas X known to be important to the convnunity? _._Yes No 9. Will projec~ adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envircflmental area by a local agency? __Yes · X NO 10. Will project have a major effect on existing or X future recreational opportunities? __Yes __No 11. Will project result in major traffic problems or cause a major effect to existing transportation X systems? Yes __No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical d£sturb- X ante as a result o£ the project*s operation? Yes .__No 13. Will project have any impact on public health or safe~y? Yes X NO 14. Will project a~fuct the existing commun£~y by directly causing a growth in permanent populao X tion of more ~han 5 percent ove'r a one-year __.Yes NO period or have a ma)or negative effect on the charact~of the community or neighborhood? 15. Is there public controversy concerning ~he X pro,act? Yes ES ~ ! ~epreeenttng: tate of George Jewett ~ells, Date, ~-~, 1989 ZBA ~/?$ Timothy Wells & Hallockville, Inc. QUESTIONNAIRE TO BE COMPLETED AND SUB'fITTED NIiTtt YOUR APPLICATION FO?J,IS 'FO THE BO:\RD 0[" At'PEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes Q 2.a)Are there any areas which Contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? 3. Are there existing structures at or below ground level, such as patios, foundations, etc? 4. Are there any existing or proposed fences, cDncrete barriers, decks, etc? Se If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground--~-~-~l? State total: ft. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground--i-~l? State total: ft. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit % and Nature: Yes Yes No O No Yes G Yes Q Do state whether or not applications ar~ pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Preliminary subdivision Application To be filed 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from cqntract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an 'inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? ~ No Yes ~ Yes Yes No Yes ~ Yes Yes ~ No Yes 13. Please list present use or operations conducted upon the subject property at this time farm, single family residence & vacant and proposed farm, two single family residencies Please submit photographs kor the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. Signature (Property Owher) (AuthoriZed Agent) - 1/88 WETLANDS [Amended 8-26-71; by L.L. No. 2-1976: 3-2fi- 85 by L L. No. 6-1985]. A. TIDAL WETI,ANDS: (1) All lands generally cover,,d or interndttently cov- ered with. or which bord,,r on, tidal waters, or hinds ' lying beneath tidal ~vaters. which at mean {o~v tide . are covered by t/dill walcrs to a maximum depth of five (5) feet, including but not limited to banks. bogs, salt marsh, swamps, meado~vs, fiats or other low lying lands subject to tidal action: (2) All banks, bogs. twadows, flats and tidal marsh subject to such tides and upon whici: grows or may grow some or any of the roi owing, salt }:ay. black grass, saltworts, sea lavender, tall cordgrass, high bush. cattails, groundse{, marshmallow and march cordgrass: ami/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A/2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tkia{ wetland. FRESHWATER WETLANI)S: (1) "Freshwater wetlands" as defined in Article 2,1, Ti- tle 1, § 24-0107, Subdivision,: l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land immediately ad.iacent to a "freshwater wet- land," as defined in Subsection Ii(l)and lying xvith- in Seventy-five (75) feet landward of the most land- ward edge of a "freshxvater wetland." 9705 · ' NYBTU Form ao4t (R~'"s'{ - CONTRACT OF'SALE DATE: PARTIES: PREMISES: PERSONAL PROPERTY: WARN{NG: NO REPRESENTATION IS'MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF TIiE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR ~AWYER BEFORE S{GNING 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 5-1:31 1 of the General Obligations Law will apply. One par~ of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. CONTRACT OFSALEm~easofthe dayof BETWEEN Hallockville, Inc., a New York Not-for Add,ss:Sound Avenue, Riverhead,*New York Profit Corporation ,19 89 hereinafter called "SELLER", who agrees to sell; ~d Christopher Miceli &dd~ss:95 Mayflower Avenue, Willingston Park, New York 11596 mereinafter called "PURCHASER" who agrees to buy the property, including ali buildings and improvements thereon (the "PREMISES"), more fully described on a separate page marked "Schedule A," and also known as: Street Address: South Harbor Road, Southold, New York Tax MapDes~nation: 1000-075.00-07.00-001.001 I'ogether with SELLER'S interest, if any. in streets and unpaid awards as set forth in Paragraph 0. unless specifically excluded below. SELLER states that they are paid for {other than the EXISTING MORTGAGE(S). They include but a~~, eating, lighting and cooking {fixtures, bathroom and kitchen cab~s, awnings, storm windows, ~window boxes, ~u door statuary, tool sheds, [dith~~.zers, air conditioning PURCHASE PRICE: VACANT LAND $182,000.00 1. (al The purchase price is Payable as follows: On the signing of this contract, by check subject to collection: $ 18,2 0 0 · 0 0 By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ By a Purchase Money Note and Mortgage from PURCHASER (or assigns) to SELLER: $ BALANCE AT CLOSING: $163,800 · 00 or modified in good faith. The Purchase Money Note and Mortgage shall be drawn on the standard fo~w York Board of Title Underwriters by the attorney for SELLER. PURCHASER shall pay the mortga eJ~.,t~azr~S tax, recording fees and the attorney's fee in the amount of $ for its prepa~ (c) If any required payments are made on an EXISTING kl~Q.~ between now and CLOSING which reduce the unpaid prmcipal amount of an EXISTING MORTGA~ the amount shown in paragraph 2, then the balance of the price payable at CLOSING will be adjusters reasonably correct and that only payments ~NG MORTGAGE will be made. - (d) If t~~ ra~mtained for the purpose of palms taxes or insurance, etc. SELLER sit' tt to PURCHASER, if it can be assigned. In that event PURCHASER shall pay the amount in the escrow account EXISTING t.~RTC. AG~S): ACCEPTABLE FUNDS: '~UBJECT TO" PROVISIONS: TITLE COMPANY APPROVAL: CLOSING DEFINED AND FORM OF DEED: CLOSING DATE AND PLACE: BROKER: STREETS AND ASSIGN- MENT OF UNPAID AWARDS: MORTGAGEE'S CERTIFICATE OR LETTER AS TO EXISTING MORTGAGE(S): COMPLIANCE WITH STATE AND MUNICIPAL DEPARTMENT VIOLATIONS AND ORDERS: OMIT IFTHE PROPERTY IS NOT IN THE CITY OF NEW YORK: INSTALLMENT ASSESSMENT: Mortgage now in the unpaid principal amount of S '-and inte~ant--~ pet year, presently payable in installments of $ ~.~, include principal, interest, aedile on . SELLER~..J~~rmits 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, ot savin~ and loan association having a banking office in the State of New York, payable to the order of SELLER, or to the order of PURCHASER-and4hily-endorsed by PURCHASER~{if an individual) to tb~ ~,,~ of SELLER~m the in'esenct'-oT SELLER 6r SELLER'S attorney. c. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PURCHASER up to the amountof Five Hundred ........................ ($500,00 )dollars, or d, As otherwise agreed to in writing by SELLER ot SELLER'S attorney, 4. The PREMISES are to be transferred subject to: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES. provided that they are not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. SEE RIDER ATTACHED HERETO AND MADE A PART HEREOF. 5. SELLER shall give and PURCHASER shall accept such title as any reputable title company ~o~ar~o~t~e '' Suffo CO n . ,amem§erofTh. Ll~nr~erwriters w~be w~lll~lnt~t~' approve and insure in accordance with their standard form of title policy; subject only to the matters provided for in this contract. 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this contract, including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a Baraain & gal ?/CovenanT.$ against Gra~ p~e~,-~tatutory form for recording so as to transfer full o~nership (fee simple title) to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law. If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing the sale and delivery 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 requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that section. 7. CLOSING will take place at the office of See Rider Attached hereto arid made a part hereof at o'clock on 19 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than Hahn Realty 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 right 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 damages. 10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty (30) days before CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording, certifying the amount of the anpaid 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 MORTGAGE will not be in default at the time of CLOSING. l I.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. [2. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in annual installments, and the first installment is then a lien, or has been paid. then for the purposes of this contract all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. WATER METER READINGS: ALLOWANCE FOR UNPAID TAXES, ETC.: USE OF PURCHASE PRICE TO PAY ENCUM. BRANCES: AFFIDAVIT AS TO JUDGMENTS, BANKRUPI- CIES.: DEED TRANSFER AND RECORDING TAXES: CONDITION OF PROPERTY: EN]IRE AGREEMENT: ~HANGES MUST BE IN WRITING: 13. The following ate ,~d~gpportioned as of midnight of the day befo.,..i~day of CLOSING: Ia) Rents as and whe~llected. ' -- 7' . . of themf#mmul-period for which assessed. (e) Fuel, if any. (ir) ~:m~,=~. ~' ' ---' lien If CLOSING shalloccur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. SINGULAR ALSO MEANS PLURAL: Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall 'survive CLOSING· {4. If there be a water meter on the PREMISES, SELLER shah furnish a reading to a date not more than thirty days before CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apportioned on the baals of such last reading. { $. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid taxes, assessments, water cha~es and sewer rents, together with any interest and penalties thereon to a date not less than five 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 required by it to assure its discharge, but only if the title insurance company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon request made within a reasonable time before CLOSING, PURCHASER a{rees to provide separate certified checks as requested to assist in 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 showing that they are not a~ainst SELLER· PURCHASER'S 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the PREMISES LIEN: 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. SELLER'S 1120 If SELLER Ls unable to transfer title to PUR .......... , ~.nAat:R m accoraance witl~ this contract, SELLER S sole liability shall INABILITY be to refund all money paid on account of this contract, plus all charges made for: (i) examining the title, (ii) any appropriate TO additionai'saarches made in accordance with this contract, and (iii) survey and survey inspection chargus. Upon such refund CONVEY AND and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further LIMITATION r~hts against the other· OF lIABILITY: 21. PURCHASER has inspected the building~ on the PREMISES and the personal property included in this sale and is thoroughly acquainted with their condition. PURCHASER a~'ees to purchase them "as is" and in their present condition tubject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have the 'tght, after reasonable notice to SELLER, to inspect them before CLOSING. ~2. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. Il completely expresses their full agxeement. It has been entered into after full investigation, neither party relying upon any statements made by anyone else that are 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 sinnular word or term herein shall also be read as in the plural wbenevet the sense of this contract may require it. SEE RIDER ATTACHED HERETO AND MADE A PART HEREOF ~n Presence Of: a 1 _ ChriStopher Miceli 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed, together with any requited tax return. PURCHASER a~'ees to duly complete the tax retun~ and to cause the check(s) and the tax return to be delivered to the appropriate officer promptly after CLOSING. STATE OF NEW YORK, COUNTY OF SUFFOLK ~ On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledEed that executed the same, NOTARY PUBLIC STATE OF NEW YORK, COUNTy .OF personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. thet he i~ the of , the corporation described in end which executed the foresoins 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 corporation, and that he signed h name thereto by like order. STATE OF NEW YORK, COUNTY OF ~: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF ss: Oh'-tl~'- - ' ~[y-St"- ...... ~- -'Tg"::, befor~-n~e - - - personally came to me known and known to me to be a partner in a partnership, and known to me to be the person described in and who executed the foregoinl instrument in the partnership name, and said duly acknowledEed that he executed the foregoing instrument for and on behalf of said partnership. Closing of title under the within contract is hereby adjourned to 19 , at o'clock, at ; title to be closed and all adjustments to be made ~s of 19 Dated, 19 For value received, the within contract and all the fight, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said issignee hereby assumes all obligations of the purchaser thereunder. Chris.her Miceli Purcha~r A ss~ghee o£Purc,~ser TITLE NO. From: HALLOCKVILLE, INC., a New YOrk Not-for-Profit Corporation PREMISES Section Block Lot County or Town Street Numbered Address Recorded At Request of COMMONWEALTH LAND TITLt tW~'~ANCt CC~ItANY RETURN BY MAIL TO: To: CHRISTOPHER MICELI Zip No. STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS The best title insurance service COMMON ; LTH LAND TIT'_E INSURANCE COMPANY A Reliance Group Holdings Company RIDER TO CO~'£~ukCTBETWEEN: SRr~.RR: Hallockville, Inc., a New York Not-for-Profit Corporation PURCHASER: Christopher Miceli SUBJECT TO MOR~AGE COMMITMENT It is understood and agreed that this sale is contingent upon the purchaser obtaining at his own cost and expense, and without any expense to the seller, a commitment for a credit line mortgage on purchaser's residence in an amount of SIXTY THOUSAND AND 00/100 ($60,000.00) DOLLARS at the prevailing interest rate for a term of at least TWENTY-FIVE (25) years from a bank, lending institution or other source of his choice. In this connection, the purchaser agrees to make diligent and timely application for the mortgage and to furnish such proofs and papers as may be required in connection therewith. In the event the purchaser shall be unable to secure a firm commitment for the mortgage on or before SIXTY (60) days from seller's execution of contract, purchaser shall, have the option to cancel and annul this agreement by notification in writing of this fact, and upon the seller returning to the purchaser all monies paid by the purchaser to the seller hereunder, neither party shall have any rights or liabilities against the other. II. PREMISES TRANSFERRED SUBJECTTO: (a) Covenants, easements and restrictions of record provide same does not render title =~arketable; or prohibit use and maintenance of the existing structure, if any; (b) Any state of facts an accurate survey would show provided same does not render title unmarketable; (c) Public utility easements with TEN (10) feet of the perimeter of the premises, provided that no presently existing structures are located within the area of easemen=. (d) Laws and governmental regulations that affect the use and maintenance of the PREMISES, County Health Department regulations and all other agencies, bureaus or departments having jurisdiction thereof, and riparian rights of others, if any, provided same are not violated by the buildings and improvements erected on the premises; (e) Development Rights acquired by the Town of Southold by a document dated 10/2/87. (f) Attached lease and extensions. Seller represents to purchaser that the lease has not been extended beyond December 31, 1988, that there is no option for tenant to purchase any portion of the premises and that the tenant has been advised of the pending sale of the premises. The representation shall survive closing of title and delivery of the deed. III. O~T~CTIONS TO TITI~ The purchaser shall, within FIVE (5) days prior to the date set for the delivery of the deed, notify the attorney for the seller, in writing, of any objections to title. In such event, the seller shall have a period of at least THIRTY (30) days from the date of closing herein provided, within which to endeavor to dispose of such objections but the seller shall be under no obligation to remove or dispose of the same. IV. PURCHASER' S DEFAULT It is understood and agreed between the parties hereto, that if the purchaser defaults under the terms of this contract, all payments hereunder together with interest earned thereon, if any, shall become the sole property of the seller, provided the seller is not in default, as and for liquidated damages, it being agreed that seller's damages would be difficult or impossible to ascertain and that such sum would constitute a fair and reasonable measure of damages in the circumstances, and the purchaser shall have not further claim thereto and thereupon this agreement shall come to an end and become null and void. The adjustment for taxes shall be based upon the lien year, December 1st through November 30th. VI. DISCHARGE The acceptance of a deed by the purchaser shall be deemed full performance of every agreement and obligation on the part of the seller to be performed pursuant to the provisions of this agreement, except those, if any, which are herein specifically stated to survive the delivery of the deed. VII. ESCROW The down payment made on execution of this agreement shall be held in escrow by the seller's attorney. VIII. BROKER The purchaser represents and warrants that he has not employed or used the services of or made any inquiries concerning the premises to be conveyed pursuant to this contract through any broker other than HAHN REALTY and the seller relies upon said representation and warranty in entering into this contract. The purchaser agreed to indemnify and hold harmless the seller from the claim of any broker concerning this transaction who may claim that he dealt with the purchaser. This provision shall survive the delivery of the deed and closing of title. IX. REQUEST FOR ADJOUR~MENT If the purchaser requests an adjournment for any reason other than the inability of the seller to convey marketable title, the purchaser agrees, as a conditional therefor, that such adjournment shall not be requested nor shall the seller by obliged to grant such application for adjournment, unless (i) the purchaser makes such request in writing not later than FIVE (5) days prior to the date hereinbefore fixed for such date of closing; (ii) such application for adjournment be limited to a period not in excess of TEN (10) days from the original date hereinbefore set for closing; (iii) all adjustments in such event, including real estate taxes shall be made as of the original date hereinafter fixed for the closing of title. If, however, seller is unable to close title on the date hereinafter set forth because of the unmarketability, or for any other reason elsewhere state in this contract, or if seller requested an adjournment of title not to exceed SIXTY (60) days, then and in such event, all adjustments shall be made as of and computed from the adjourned date of closing. Nothing herein shall be deemed to infer that "time is the essence". AGP~4ENT TO SUBDIVIDE PP~PERTY It is understood and agreed that this sale is contingent upon the seller obtaining from the Estate of George Wells a written agreement from legal representatives of the Estate that the Estate shall proceed with a THREE (3) lot minor subdivision of the property of which the premises conveyed are of a part. The agreement from the Estate shall provide that the subdivision application shall be pursued with due diligence and shall not be abandoned or withdrawn. XI. USE OF PREMISES It is understood and agreed that this sale is contingent upon the purchaser obtaining at his own cost and expense, consent from the Town of Southold and/or its agencies permission for the installation of all materials necessary to put the subject property into grape production as a vineyard. In the event that the purchasers are unable to obtain such consent within SIXTY (60) days, purchasers shall have the option to cancel and annul this agreement by notification in writing of this fact, and upon the seller returning the purchaser all monies paid by the purchaser to the seller hereunder, and neither party shall have any rights or liabilities against the other. XII. CLOSING DATE Closing shall take place on or about June 4, 1989 provided that application for the THREE (3) lot minor subdivision has been filed with the Southold Town Planning Board by that date. If such application has not been filed, closing shall be adjourned until such application has been filed. HALLOCKVILLE, By: INC · Ver~y ~Brien, Presiaen= Christopher Miceli DISCLOSURE AFFIDAVIT P. 4 (NOTE: General Mum~pal Law of the State of New York, Section 809 enaC0ed in 1969 requires the ruling of the fnllmwing completed D/scl~sure Affidavit for all Board of Appeals and P]ann/ng Board appl~ns) STATE OF NEW YORK ) COUNTY OF <--z)~-~=~q'z-4 ss.: ~<-- ~ .~(~A~ ,being duly sworn, deposes and says: 1. FO~ INDIVIDUAL a. That I am over age 18 and re~e at be That I am the ( ) owner ( ) contract vendee (Check one) of the property designated as Lot(s): Block: Section: on the Nassau County Land and Tax Map which forms the sub, ct ma*+-v of th/s appeal and am fully fam~l~,' with all the facts and circumstances hereinafter set forth. 1. FOR CORPORATION a. That I am the (oq~(h~)f of the ~4S~t~_.f~/~_ //~ ' (Name of Corp. ) F ~nd am fully familiar with the facts and circumstances hereinafter set forth. b. That the business address of ((~-C~z~P{~__ , /z,~_ (Name of Corp.') is ¥ 50und Avenue, Riverhead, New York 11901 .c.~hat said ~corporatk)n was incorporated under an.d/__ppursu.an~ tD the ~z-~--f~~F~?~f Law of the St~b~ of ~r~_~/~ and ~s the owner/~m~%~-k-:.~n~-- of the property designate~as - (cross out one) Lot(s) ( ' -~ Block ~ ~ Section 0?5 Nassau County Land and Tax Map which forms the subject matter of th/s app]icat~n. on the d. That the fn]]owing are the names and residences of each of-~=_r, d~rector and shareholder: (Set forth names, res/&tences and relationship to corp. ) (Add ada~nal sheet if neCessary) (see attached sheet) e. That the corporate stock of sm~d corporatk)n has not bccn pledged to any person nor has any agreement been made to pledge the sa~d stock: (except: If any, set forth de~.) P. 6 2. That there are no encumbrances or holders of any instruments creating' an encumbrance upon the subject property (except.. If any set forth decarlo.) Deed from Hallockville Inc. to the Town ~f Southold recorded 10/9/87 in Liber 10442 cp 182 (conveys development rights for premises) 3. That neither deponent nor any other person mentk)ned in this a~aavit is a V~llnge of~iner or employee, or is r~]n~=d to a Wq]nge of~iner or employee. (except: If any set forth details. } 4. That no State of~i~_r or employee or local muD~pal of~C~er or employee in Nassau County or h/s spouse or a person by consanquinity related to ~her of them within the third degree is (are) the Appl~t(s) or an of<4~er, director or employee of the Appl~4%nt(s), or legally or ben~f~lly owns or con~.uis the corporate s~ock of the Appl~t(s) or is a partner of the Appl~ant(s) or asso~ne~d with the Applicant(s) in a joint venture or has an agreement with the Appl~o~nt(s), expressed or imp]/ed whereby h/s compensation for serv/~s it to be dependent or contingent upon the favorable exercise of ~tiDn in the granting of the appeal herein. (except: If any set forth de~]~. ) 5. That in the event there is any change in the matters set forth herein p~mr tu the publ~: hea~ng relating to the property ~ect~d hereby, deponent(s) will f41m with the V~llmge a supplemental m~f~davit ind/c~ting the dee~l~ of such change within 48 hours of. such change. Ndtary Public D. PIKE State of New York (NOTE: If App]/cant(s) is (are) contract vendee(s) a d/sclosure nf~iaavit from the owner of the subject property is requ/red to be Ml~d with the appl~n. ) Hallockville, Inc. Officers and Board Members President 1st V.P. Rec. Sec'y Corr. Sec'y Treasurer Verity O'Brien P. O. Box 1145 Westhampton Beach, New York 11978 Ruth Levine 116 Sound Avenue Riverhead, New York 11901 Mary Geller P. O. Box 182 Aquebogue, New York 11931 Del Kucera High View Drive Wading River, New York 11792 George Witty 90 Sound Avenue Riverhead, New York 11901 Finance Committe Ken Wells 102 Sound Avenue Riverhead, New York 11901 George witty (see above) Henry Silverman 583A Sound Shore Road Riverhead, New York 11901 Collections Alice Kappenberg Summit Drive Calverton, New York 11933 Justine Wells 102 Sound Avenue Riverhead, New York 11901 Preservation/Restoration Lance Mallamo 5 Three Sisters Road St. James, New York 11780 Henry silverman (see above) Nominating Bob Lockman P. O. Box 2 Laurel, New York 11948 Ruth Levine (see above) Newsletter Editor Justine Wells (see above) Ex-Officio Shirley Hallock 81 Sound Avenue Riverhead, New York 11901 Members at LarGe Rob Pike 138 Ostrander Avenue Riverhead, New York Estelle Evans Box 24 Georgetown, New York 11901 13072 Virginia Wines RR 1 Box ll0E Mattituck, New York 11952 EXECUTOR' $ DEED THIS INDENTURE, and seventy-two BETWEEN THE NORTH FORK BANK AND TRUST COMPANY, a corporation organ- ized under and existing by virtue of the banking law of the state of New York, having its principal office at (no number) Love Lane, Mattituck, New York, 11952, AS TRUSTEE of Lillian M. Howell trust under trust indenture dated November 24, 1958, and THE NORTH FORK BANK AND TRUST COMPANY, a corporation organ- ized under and existing by virtue of the banking law of the state of New York, having its principal office at (no number) Love Lane, Mattituck, New York, 11952, AS GO-EXECUTOR of the last will and testament of Lillian M. Howell, deceased, late of South Harbor Road, Southold, New York, 11971, who died on the 4th day of September, 1971, and GEORGE WELLS, residing at 565 Cedar Swamp Road, Glen Head, New York, 11545, AS CO-EXECUTOR of the last will and testament of Lillian M. Howell, deceased, late of South Harbor Road, Southold, New York, 11971, who died on the 4th day of September, 1971, ~arties of the first part, ahd GEORGE JEWETT WELLS, a/k/a GEORGE WELLS, Cedar Swamp Road, Glen Head, New York, 11545, party of the second part, residing at 565 WITNESSETH, that whereas letters testamentary were issued to the parties of the first part by the Surrogate's Court, Suffolk County, New York, on November 15, 1971, and by virtue of the power and authority given in and by said last will and testament and/or by Article 11 of the Estates Powers and Trust Law, and in consideration of One hundred and eleven thousand, eight hundred and sixty-nine dollars ($111,869.00) Paid by the party of the second part, do hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: Easterly by South Harbor Road; Southerly by lands of Aniela Krupski Westerly by lands of John Mokos Estate; and Northerly by the lands of Mike Surozenski and John Lehr BEING AND INTENDED TO BE the same premises conveyed by Lillian M. Howell to The North Fork Bank and Trust Company, as trustee, by deed dated November 22, 1958 and recorded December 2, 1958, in the office of the clerk of Suffolk County in Liber 4553, at page 445; _ i.!:;yF . .. ~\2:":: ............. ~ TOGETHER with all right, title and interest, if any, of the party~%. of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individ- ually, or by virtue of said will or otherwise; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees or successors and assigns of the party of the second part forever. AND the party of the first part convenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, exeept as aforesaid. Subject to the trust fund provisions of section thirteen of the Lien Law. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. Tn ~sence Of: THE NORTH FORK BANK AND TRUST COMPANY, AS By:John o.(As~ton, Trust Officer THE NORTH FORK BANK AND TRUST COMPANY, AS CO-EXECUTOR_ John O( A~hton, Trust Officer George_.~el~o-Executor STATE/OF'NEW YORK, COUNTY OF SUFFOLK ss: On the~'?~day of January, 1972, before me personally came John O. Ashton to me known, who, being by me duly sworn, did depose and say that he resides at 795 Love Lane, Mattituck, New York, 11952 and that he is the trust officer of The North Fork Bank and Trust CompDny, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such/~orporate seal; that it was so affixed by order of the boar~;of directors of said corporation, and that he signed his ' ' like order. PETER M. COL~MAN No. 52-5758570 ~~ Qualifi.dinSu~fol~County ~o~ary Commission Expires March 30, 1972 STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the~ day of January, 1972, before me personally came George Wells to be known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. /- /' ~' l~ot~l~r Notary Public, Stat,! of New York No ~0-, 94902. Torm E. xpiros March 30, /-- T. 3.000 T. 075.{ CONSULT TOUR LAWYER IIIIOll SIGNING THIS INSTRUMINT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the I ,~-'~ day of 0 B£TWEEN GEORGE JEWETT WELLS residing at New York, 11545 December . nineteen hundred and eighty-six 565 Cedar Swamp Road, Glen Head party of the first part, and HALLOCKVILLE, INC. a charitable organization with offices at Sound Avenue, Northville, Post Office Box 765, Riverhead, New York ll~j~RiCT SECTION BLOCK LOT party of ~he secondl~part, 12 I? 21 Z6 WITNF_.$SE. TH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the I 'l I' o_ J improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk, State of New York BEGINNING at a point on the westerly side of South Harbor Road and the easterly side of land of George J. Wells, said point being the 2106.37 feet from the southerly side of Main Road, running thence southerly along said land of George J. Wells 175 feet more of less to land now or formerly of Lappe, running thence westerly along said land now or formerly of Lappe S.73 degrees 43' 00" West, 1243.71 feet to land now or formerly of Manitta, running thence northerly along said land now or formerly of Manitta N. 10 degrees 46' 40" West, 1099.84 feet to land nor or formerly of. Surozenski, running thence along said land now or formerly of Surozenski the following two courses and distances: (1) N. 77 degrees 17' 00" East, 401.90 feet, (2) N. 76 degrees 37' 30" East 447.59 feet to a point on the northwesterly corner of other land of George J. Wells, running thence southerly along said other land of George J. Wells 175 feet to land now or formerly of Pettit and continuing southerly along said land now or formerly of Pettit S. 9 degrees 38' 50" East 200 feet to said other land of George J. Wells and again continuing sodtherly along said other land of George J. Wells 521 feet more or less to a point on the southwesterly corner of said other land of George J. Wells, running thence easterly along the southerly side of said other land ~ George J. Wells, 410 feet more or less to the point of BEGINNING. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with thc appurtenances and all the estate and rights of the party of the first part in and ta said premises; TO HAVE AND TO HOLD the premises herein 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 encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 1,3 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 indent.ute $o requires. IN WlTNI:'$$ WHF.,I{£OF, the party of the first part has duly executed this deed the day aud year first above written. RECElY~ED · FEB 10 1987 TRANSr?.~ ,,- ,, Ge~%r g~.~e~e t t Wells CONSULT YOUR LAWYIR IEFORI SIONING THiS INSTIUMINT-THIS INSTRUMENT SHOUW l! USE0 BY L&WYIRS ONLY. ~ [NDF. a~ made the ~ ~ J day of June , nineteen hundred ~n4 eighty nine ]~ WILLIAM HOWELL WELLS, residing at 121 Bellvue Avenue, Upper Montclair, New Jersey and Norstar Trust Company, having an office at Glen Stree..t.! Glen Cove, New York 11542 [ON as executor of the last will and tesm,~e~xt of George J. Wells , late of Old Brookville, New York who died on the 18th dayof July , nineteen hundred and eighty eight party of the first part, and TIMOTHY WELLS, residing at 375 North Drive, F-6 North Plainfield, New Jersey 07060 NO CONSIDERA~ TAX MAP 3ESIGNATION Dist. 1000 Sec. 7 5 Lotts): 15 pa.,x'y of the second part, ~VITNF....~ETH, that the party of the first part, to whom letters testamentary were issued by the Surrogate's Court, Nassau County, New York on Auclus t 2 9, 19 8 8 and by virtue of the power and authority given in and by said last will and testaffient, and/or by Article 11 of the Estates, Powers and Trusts Law, and in consideration of TEN & 00/100 .............................................. dollars, paid by the party of the second part, does hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever, Decedent's one-half (]/2) 5nterest in .a,l]. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Towv of Southold, County of Suffolk and State of New York, and being more particularly bounded and described as follows: BEGINNING at a point on the westerly side of South Harbor Road, 1143.26 feet southerly along said westerly line from the Main Road; RUNNING THENCE along said westerly line of South Harbor Road, South 9 degrees 35 minutes East, 105 feet to land of Howell; THENCE along said land of Howell, South 76 degrees 37 minutes 30 seconds West, 209.39 feet to land of Surozenski; THENCE along said land of Surozenski, North 9 degrees 43 minutes West, 108 feet; THENCE along land now or formerly of John H. Lehr and wife, North 77 degrees 26 minutes 50 seconds East, 209.47 feet to the point or place of BEGINNING. Being and intended to be the same premises in deed dated 3/27/86 in Liber 10098 pg 475~ THIS DEED CONVEYS AN UNDIVIDED ONE-HALF (1/2) INTEREST TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances, and also all the. estate which the said decedent had at the time of deoedent's death in said nrornlso~ the estate therein, which the nartv of the first r~rt has or has Mw ....... ~' r -;' u. auy, or oy virtue ot sam w~.ll or. ot.h. erwtse; TO HAVE AND TO HOLD the vretnises herein vrant~l unto me party of the second pan, the distnbutees or successors and assigns of the party 6f the second l~-f~r. Subject to the trust fund provisions of section thirteen o-f th~ Lien Law'. -- The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN ~VI'I'NF...q~ ~IF.I~.OF, the party of the first part has duly executed this deed the day and year ~rst above BY: NO. AR T.nUST C/~P~y, Executor / Do~0thy ~. Clavel!, Trust Offi~r Wi~.li~ ~o~ell~ells, ExeCutor New Jersey - -- S?&T! OI::t#FAKX'I~?fI~ CO ~UI~'Y_ DP - ss, On the ,,,~,7 d~_y of June 19 89, _bdore~e- William H6well Wells to me laiown to be the ~-avidu~ described m and ~vho execut~i the for~oh~ instrument, muL acknowledged that he executed ~he same. STATE OII NEW YORK, COUNTY OF Nassau ss, Onthe ,,;,,w'°" da7 of June 1989 , before rne personally came Dorothy A. Clavell tO me known, who, being by me duly sworn, did depose and s~y that S he re'des at No. 9 Landview Ave. Kings. Park. NY grot s~e ,- the Trust Officer of NorStar Trust Comp,a~/coq~mgon de~nibe4 in ~nd which executed the foregoing instrument; that he knows the scsi of .~id corporation; t!~t the seal &ffixed to said instrument ~s such corporate seal; that it was so ~ffixed b~ order of the beard of directors of said corpora- tion, ·nd tht she si~ned her name thereto by like order. STATE OI[NEW Y~OIIK., COUN%'Y OS to me imowa to be the individual described in and who executed the for~oin~ iustrmneut, and acknowledged t~t ~ecuted ~ STATE OF NEW YORK, COUNTY OS ss: On the day o! 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose ~-d say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; t~hat h~, said subscribing witness, w~s present and saw execute the same; and that he. ,.~d witness, at the same ~me subscribed h name ~ witness thereto ~,xetqitot'f ~e~ ~r~No. William Howell Wells and Norstar Trust Company, Executors TO Timothy Wells District 1000 SECtiON 75 BLOCK 3 ~or 15 COUNTY OR ?OWN Suffolk STREET ADDRESS TAX BILLING ADDRESS P. eco~ed At Request o~ Tcor Tale Guarantee Company IBTURN By MAIL TO: TICOR TITLE GUARANTEE James Marrin, Esq. Payne, Wood & Littlejohn 3 School St. Glen Cove, NY Z~No. l1542. lS~Or ,% R'80 \ \ po~d R-80 (~) COUNTY OF SUFFOLK ReaJ Properly Tax Service Agent, $OUTHOLD I000 075 FORM NO. 4 TOWN OF $OUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy No..z. ] .2 p.3.1 .......... Date ..... O.c..~ 2.b.e.r..2..~ ................. 19 ];.0.~. VACANT ......... THIS CERTIFIES that the, .... ...................................... _~____... 1150 South Harbor Road · Location m -.:.,,o~,=, ,..~ ............ .................. House No. County Tax Map No. ]000 Section ....7.5 ....... Block .... .3 .......... ]Lot ....1.5 ............ Subdivision XX . .Filed Map No. XX .Lot No ..... iiX... '. conf6rms substantially to the applicable provisions of the Zoning]... Code of the Town of Southold. The premises are located in the ....... "A"'~Residential-Agricultural Zoned District and may be used.. for such uses as are presently authorized by the Zoning Code in such. district subject to, however, all of the. requirements of the Zoning.. Code. Thc certif~cateis issued toGeorge Jewett Wells ..................... io¥.;;, f ................... of the aforesitid -i0t..- Building Inspector CHAIN OF TITLE Lillian M. Howell to The North Fork Bank and Trust Company, as Trustee under trust indenture dated November 24, 1958 Dated 11/22/58 Recorded 12/21/58 Liber 4453 page 445 The North Fork Bank and Trust Company, as Trustee, and George Wells as co-executors of the Last Will and Testament of Lillian M. Howell to George Jewett Wells, a/k/a George Wells Dated 01/25/72 Recorded 02/07/72 04/12/74 Liber 7107 page 464 Liber 7620 page 226 George Jewett Wells to Hallockville Inc. (part of overall parcel) Dated 12/15/86 Recorded 02/10/87 Liber 10245 page 586 William Howell Wells and Norstar Trust Company as executors of the Last Will and Testament of George J. Wells to Timothy Wells (part of overall parcel) Dated 06/22/89 Recorded 08/11/89 STATE OF NEW YORK COUNT~ - SUFFOLK TOWN OF SOUTHOLD SWIS - &73889 PARCEL ID 75.-6-7.3 75. -6-7.4 75.-6-9.3 75.-6-9.5 75.-6-10 .75.-6-11 75.-6-1 2 75.-6-13.1 75.-6-13.2 75~ T.7-1.2 (7s.-7-1.3 75.-?-1.4 75.-7-1.5 75.-7-? 75°-7-3 75.-7-4.1 75.-7-5.1 ?S. -7-6 75.-$-~ 75. -8-3.1 76.-1 -1 76. 76.-1 -3 76. -1-4 76.-1-5 76.-1 -6 76. -1 -? 76.-1 -8 76. -1 -9 76.-1-10 76.-1-11 76.-1-12 76.-1-13 76.-1-14 76.-1-15.1 76.-1-15.2 76.-1-15.3 76.-1-15.4 REAL PRO C R 0 S S R E F ER PARCEL IDENTI Y CK R DG NAME C WG COFFEY TIMOTHY C XC FREEDNER STANLEY & DOR C XS TERRY ALVIN H C YO DESIGN PROPERTIES INC C ZK DICHIARA SALVATORE & D C PH CAPPA ARMANDO & MARIE C QA LAPPE FREDERICK G & OR C QT SOBOTKA ROSE C SI DINUNZIO ALFRED N JR & C TE DELUCA N CHARLES & WF C RQ ,~ETTIT ROBERT H C SM W~LLS GEOR~:::, C TI WELLS GEORGE J CUE HALLOCKVILLE INC C QR LAPPE FREDERICK & WF C RK LAPPE FREDERICK G & OR C SZ ELAK ALEC E & WF C TS PRINCE JOANN & ANO~ C TP PEARSON JOHN & WF ~ C RH MORTON CAROLINE C & OR C SW THOMPSON ROBERT W & WF C MP LEHR BARRY W & WF C NI TESTUT JOHN C OB ZUKAS MICHAEL & GARY N C OU ZUKAS MICHAEL F & WF C PN LEAVAY KEVIN J & C QG MIHAIKO DOROTHY BRIDGE C QZ DRUMM MARION D C RS SHULTZ HERBERT A ~ WF C SL SUROZENSKI JOSEPH I & C MO STAPLETON JOSEPH & WF C NH STAPLETON JOSEPH & WF C OA STAPLETON JOSEPH & WF C OT GALLO SALVATORE & ORS C PM GROSS MARY JANE C RB ZUKAS MICHAEL F & WF C RX ZUKAS MAY C ST ZUKAS MAY C TP ZUKAS MICHAEL F C Ill_ 7tJ~A~ MTCHAEL F ~TATE OF NEW YORK :OUNTY - SUFFOLK tOWN OF SOUTHOLD ~WIS &73889 PARCEL ID 75.-3-15,,'/ 75.-&-3 75.-4-6 ?S.-&-? 75.-6-8 75.-6-9 75.-&-10 75.-4-11 75.-4-12 75.-4-13 75.-6-14 75.-4-15 75.-6-16 75.-4-17 75.-4-18 75.-6-1; 75.-6-20 75.-4-21 75.-4-23 75.-4-25 ?5.-4-26 75.-6-Z? 75.-4-~8 75.-5-1 75. -5 -Z 75.-5-3 75. -5 -6 ?5°-5-5 75. -5-6 75. -5-7 75. -5 -q 75.-5-10 C R 0 REAL P R 0 P E SS R E F E REN PARCEL IDENTIF[CA Y CK R DG N A M E TO C C C C C C C pQ GOLDEN JEANETTE 6~ aJ TOWN OF SOUTHOLD RC WELLS GEORGE J & OC LUKOSVICUS EDWARD & WF PO NIXON DORIS J & ORS. aH KRAMKOWSK! JEAN L RA LEHR BARRY W & 3; RT VILLAGE OF GREENPORT SM NAWROCK[ FRANK & ORS C T~ 9UONAIUTO FRANK 6 C TY LAM9 EUGENE G & C OB COSTELLO MICHAEL J & J £ OU ~ANTAZ! GEORG J CPN RAYNOR ELLIOTT A C QG SEAMAN HERBERT H & WF ' 6~ C aZ SAVAGE ALVIN R & RUTH ..... _SE C RS BENDER JOHN O 51 CSL DECONCILI[S NANCY E C TE LONG MILDRED G & ORS C TX MOLE WALLACE C & LILL[ 5'. C UQ VANWORKUM JOHANNEs E & 6~ COT TOWN OF SOUTHOLD C PM STEPNOSK[ GEORGE A C Q F S TEPNOSK! GEORGE A 8; C ~Y BAKER MADELYN M C RR CONRAD[ AUDREY M C SK MONTGOMERY PAUL 6 C TD FOSTER CHARLES R ....... C TW BEINERT MICHELE 1' C UP CHURCH OF THE OPEN DO0 ........ C OS NiERODZiK jOHN ~iLLIAM 7 C PL CIERACH ANNA 6 C GE SAKOWICZ STELLA C QX MALINAUSKAS ALICE T 5 C RQ ANDRADE AUGUST & WF 5 C SJ KOKKINOS GEORGE & MARl C TC L'ATHAM ELAINE 3 CUO CZARTOSIESK! JOSEPH S C OR LAFRENIERE DAVID 6 75.-1-15.1 75--1-15.2 75.-1-16 75.-1-17. 1 ___~5.-1 75o-1-18ol 75o-1-19 75.-1-20 75. 75.-2-1 75.-2-2 75. -2-3.1 .... 75.-2-4.1 75.-2-5 75.-2-6 75.-2-8 C NR TOWN OF SOUTH~ .... C OK SOUTHOLo SCHO~ C PO WELLS PONTIAC C QS GOZELSK[ LILLi C RO TOWN OF SOUTHC C eP KOKKINOS GEOR.£ C SE CH[CHANOWICZ F CTA CICHANDW[CZ FR CSX MEYHOEFER CURT C SU RERKOSK! STANL C MX BARR VINEYARD ~ C NQ WALTON ANDREW C MW BAUER JACQUELIf ..... C NP TOBIN SEYMOUR C PE JEROME DANIEL ~ C PX PILLES THOI~AS R 'C ~U OVsiANXK-jENNiE . C QN JEROME THOMAS C 75.-2-9.1 C RZ CICHANOWIcz FRA --'~5.-2-9oZ ' C TO JEROME THOMAS C _ 75.-2-11 C UK 75.-Z-12 . _ C NO DAVIS JANET A -,= 75.-2-13 C OH HERING ROBERTA' 75.-2-14 _ C PA MOONEy CAROL[NE 75.-2-15.1 C PT STEPNOSKI JOSEPI -- _ C RI NIERODZIK JOHN 75.-~-15.~ ~ ~E ~ZEROOZ~ ~OaN . _ 75.-2~16 ' - C RF MOELzUS MADELINE 75.-2-17.~ c Su B~£WER jAMES G -~ 75.-2-18 E TQ BRUSH EDWARD S 75.-3-1 E SR CORW[N WALTER 75.-3-2 C NM ANBROSK[ LOTT[E C OF NIERODZ~K JOHN 75'-3-3~" ~ O¥ SM[TH WILLIAM J 75.-3-4 75°-3-5 C PR KEENEY ALICE F 75.-3-6 C QK SUROZENSK[ ANTON: 75.-3-? ~ RD GRALTON GERARD ~ 75.~3_8 _. C RW PHARR WALTER N J~ 75.-3-9 C SP BAKER joHN E g W~ 75.~3-10 ~ C TI LEHR EUGENE L 75.-3-11 c NL HUGHES BRIA~ J ~' 75.-3-12 C OE ZAVES~I JOHN G & C OX MONTGOMERY R[CHAR PAGE - TOTALs'g 51 PAR 223,349 COU R -80 \ R-80 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Board of Appeals of the Town of Southold TO: Robert Halsey Pettit NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ~(Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subject of the Petition is located adjacent to your. property and is des- cribed as follows: WEST SIDE OF South Harbor Road, Southold, New York ahd Known designated as District 1000, Section 075, Block 07, Lots 1.3, 1.4, 1.5 on the Suffolk County Land and Tax Map 3. That the property which is the subject of such Petition is located in the following zoning district: A-C; Aqricultural Conservation District 4. That by such Petition, the undersigned will request the following relief: Permission to allow an existing lot to r(~lain which has an area of 64,788 square foot rather than the 80,000 square feet required. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article IIIA Sectic~ 10030 A-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 the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: October \~.~ 1989 Petitioner Estat~of ~e6r~e Jew~tt Wells, Owners'Names :Timothy Wells & Hallockville, In~ Post Office Address c/o Payne, woo(1 ~ ~.ittlejohn Th_too School Stroot, Glen Co%~, New York 11542 Attention: Peter B. Col~rove, Esc~. Tel. No. I 516 ) 676-0700 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] * Norstar Trust C<~L~any and Willi~ Howell Wells, as Co-executors of the Estate of George Jewett Wells, and Timothy Wells and Hallockville, Inc. NAM~ Robert Halsey Pettit PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPT: ADDRESS P.O. Box 78 Southold, New York STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Vi:~j'Lnia WiUcowT:ky , residing at 15 Hauber T.~ne Glen He~d, Ne~ York 11545 , being duly sworn, deposes and says that on the 10~ day of Ocbober. ,19 89 , 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 the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Somhold; that said Notices were mailed at the United States Post Of- rice at Glen Cove, New York 11542 ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to .before me this /,:,.Z '~ d%y~f ~ , 19 c~7 ~/ Notary Public (~ EUZABETH A. CARMODY NOTARY PUBLIC, State of New York No. 4856220 QuaJified in Nassau Ooumy Term Exp{ms Apdl 7, 1990 (This side does not have to be completed on form transmitted to adjoining property owners.) 85?.59 NALLQC~VI LLIE, I M(. P1AP OF NIlN01Z SUBDIVISI O~ 5.802 0¥/. ',,,, '%, QEOF2GE J. /FLI $ D, P, ~J, AEriAL 5 U [~V~¥, DAT,U h~ ~ NI'~A N $~A tBV~L, ~', PI~OPE(~TY IS IN BUtLDt N~ ZONE A-C ~ AG~, CONSEEVATIOi 5.SUFECO. TA.~ iv!, AP:' DATA: DIST, 1000 - 5ECE. 075- I~L7- FAC ILI TI ES, FO 12 ALL LO r~ oN TNI~ ~_AP_ CON'tPL¥ WE HEI2EOY CEr2TIFY THAT NO LOT TyPI~L CES~ POOL SU~V~YG ~DI~PLff TED Ap~.~,IcJ~), AND THAT ~OPErZI~Z yAN TUYL, ~c. ~CENSED ~ND SUEV~OF~5 -- G~EENPO~T, 56, ID, M, 67. GAL. TYPICAL MAP