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Home My WebLink About3820 Southold Town Board of Appeals MAIN RDAD- STATE ROAD 25 srlUTHOLD, l.l., N.Y, 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appeal No. 3820: Application of GUENTHER AND KAYLA STOTZKY for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct addition at rear of existing dwelling with an insufficient rearyard setback. Location of Property: East Side of Osprey Nest Road, Greenport, NY; County Tax Map District 1000, Section 35, Block 6, Lot 33. WHEREAS, a public hearing was held and concluded on January 12, 1989 in the Matter of the Application of GUENTHER AND KAYLA STOTZKY under Appeal No. 3820; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the easterly side of Osprey Nest Road, in the Hamlet of Greenport, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 35, Block 6, Lot 33. 2. The subject premises is known as Lot #6 on the "Map of Cleaves Point, Section 1" containing a total area of approximately 12,600 sq. ft. and is improved with a single-family dwelling, as more particularly shown on the copy of survey (original prepared by Roderick VanTuyl, P.C. dated June 13, 1973). ¢ ~peal No. 3820 - STOTSKY -2- Decision Rendered January 12, 1989 3. By this application, appellants request a variance from Article III, Section 100-31, Bulk Schedule of the Zoning Code, for permission to construct 13-foot extension at the rear of the existing dwelling, and requesting a setback at 27+- feet. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum rearyard setback at 35 feet. The dwelling as exists appears to be set back at approximately 40 feet from the rear property line (scale provided is inaccurate and reduced). 5. The amount of relief requested by this application is eight feet or 22% of the requirement. 6. In considering this application, the Board also finds and determines: (a) there is no other alternative available for appellants to pursue other than a variance; (b) the variance requested is uniquely related to the property and will not alter the essential character of the neighborhood; (c) the variance requested is the minimal necessary to afford relief and is not substantial in relation to the requirement; (d) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town, or be adverse to neighboring properties; (e) in view of all of the above factors, the interests of justice will be served by granting the relief, requested and conditionally noted below. as Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief for a 13-foot extension at the rear of existing dwelling structure, as applied under Appeal No. 3820 in the Matter of the Application of GUENTHER AND KAYLA STOTSKY, provided there be no further rearyard setback reductions. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Absent were: Member Serge Doyen, due to poor weather conditions, and Member Joseph H. Sawicki {out-of-state}). This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN /- Southold Town Board of Appeals MAIN ROAD - STAT£ ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLESGRIGONIS, JR. SERGE DOYEN, JR. JOSEPHH. SAWICKI NOTICE OF HEARINGS JAMES DINIZlO, JR. NOTICE IS HEREBY GIVEN, pur-suant 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 THURSDAY, JANUARY ~, 1989, at the following times: 7:32 p.m. Appl. No. 3809 - STEPHEN AND DONNA GRZESIK. Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct addition to dwelling with an insufficient rearyard setback. Location of Property: 62215 (309) North Road, Greenport, NY; County Tax Map District 1000, Section 40, Block 1, Lot 3. 7:35 p.m. Appl. No. 3810 - ANTHONY AND ROSEMARY BOLLETINO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory tennis court, swimmingpool, and fence enclosure(s) in the frontyard area. Location of Property: North Side (#16705) Main Road, East Marion, NY; County Tax Map District 1000, Section 23, Block 1, Lot 14.6. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 7:38 p.m. Appi. No. 3817 - DORIS K. BROWN. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in the frontyard area. Location of Property: Private Right-of-Way located off the north side of Bergen Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 17. 7:43 p.m. Appl. No. 3816 - WILLIAM AND THERESA PARK. Variance to the Zoning Ordinance, Article III, Section 100-32, for approval of addition to accessory building with insufficient setbacks from property lines. Location of Property: Westerly Side of Bennett Lane and the South Side of Pine Neck Road, Southold, NY; County Tax Map District 1000, Section 70, Block 9, Lot 1. ~ 7:48 p.m. Appl. No. 3820 - GUNTHER AND KAYLA STOTZKY. ~ Variance to the Zoning Ordinance, Article III, Section 100-31,/ for permission to construct addition at rear of existing ~ dwelling with an insufficient rearyard setback. Location of ~ Property: East side of Osprey Nest Road, Greenport, NY; 1000, Section 35, Block 6, Lot 33. County Tax-Map District Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 7:53 p.m. Appl. No. 3802 - HOWARD LUCAS/ALICE HUSSIE. Special Exception to the Zoning Ordinance, Article VII, Section 100-70B for permission to establish car dealership (and sign) in this B-1 General Business Zone District. Location of Property: West Side of Horton's Lane, Southold, NY; County Tax Map District 1000, Section 59, Block 3, Lot 32.1. 8:00 p.m. Appl. No. 3912 - PETER AND JANICE STEIL. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory swimmingpool in the frontyard area. Location of Property: East End Road, Fishers Island, NY; County Tax Map District 1000, Section 5, Block 2, Lot 7.4. 8:03 p.m. Appl. No. 3815 - ALFRED FALKOWSKI. Variance to the Zoning ordinance, Article IX, Section 100-93, Bulk Schedule, for permission to locate new principal building in this C-1 General Industrial Zone District with an insufficient frontyard setback. Location of Property: 8595 Cox Lane and South Side of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 83, Block 3, Lot 4.6. Page 4 - Notice of Hearings $outhold Town Board of Appeals Regular Meeting of January 12, 1989 8:05 p.m. Appl. No. 3814 - RYCK KOKE. Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of accessory swimming pool with fence enclosure in the sideyard area. Location of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 20.2. 8:10 p.m. Appl. No. 3806 - DORIS PRICE MOELLER FOSTER. Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient lot width (frontage) of proposed Parcel No. 1 in this pending Minor Subdivision. Location of Property: West Side of Little Neck Road, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 9, Lot 13. 8:15 p.m. JOSEPH AND B~TT~ HARDY. South Side of Main Road, Mattituck, NY; 1000, Section 114, Block 11, Lot 5: (a) Appl. No. 3747 - Special Exception to the Zoning Ordinance, Article VIII, Section 100-80B, for permission to construct wholesale storage building, accessory to plumbing use; and Location of Property: County Tax Map District Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 (b) Appl. No. 3746 ~ Variance to the Zoning Ordinance, Bulk Schedule, Article VIII, Section 100-81, for permission to construct wholesale storage building for plumbing business use. 8:25 p.m. Appl. No. 3810 - WILLIAM J. BAXTER, JR. Special Exception to the Zoning Ordinance, Article XIII, Section 100-80B for permission to utilize existing building and premises for assembly and manufacture of classic cars in this "C-Light Industrial" Zone District. Location of Property: North Side Main Road and West Side Elijah's Lane, Mattituck, NY; Proposed Lot No. 1 as shown on Map dated October 12, 1988; County Tax Map District 1000, Section 108, Block 4, Lot 10. 8:30 p.m. Appl. No. 3797 - FISHERS ISLAND UTILITY COMPANY, INC. Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area of two proposed parcels in this pending division of land. Location of Property: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 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 the time allotted. For more information, please call 765-1809. Dated: January 3, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ·/./.o.. ~~..~..,. ......... ...V.-~,:..~.,..~...,..:,?. / ~ County Tax Map No. ~(~s: ~:~tion... ~.. ~.,~....(~.. Bl~ck $::r.... ~ .... Lot...-~...3....~.:7':i Subdivision ................. Filed Map No ................. Lot No. ' is returned herewith and disapproved on the following grounds..~//~.....t~. ~..~ .... .~:-~:.. ~....>~)...~..~.... ~ .... ~u~ldy InSpector RV 1/80 1988 TOWN OF $OUTHOLD, NL~V YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number .................... ..~.~...~/~/'~J,~ ................................................... .~,.~. ...... J,,.~,,./~...HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............/.~/~./~. WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of ...... ii. 0.., ~.....~....~. ~ ,,,,..~...~.,' ............... ..ff...~..~o...~...~. .............. .../~...t./..,,, ./...0~.../..2c..,' Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY .~..3..~.~......~.~?..~,.,~...7.,..~..~. ~./~?.:~....(~e~.,~.. Street /Hamlet ~' Use Disi;i~:'t"gg"~.;~ig~"~ C rrent tuner 5r, y Map No. Lot No. P~i0~ 0wne~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article 5~ Section 180-~I 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X.) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Dated ...................................................................... ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that l%rm ~.I~1 (Continue on other side) REASON FOR AgEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because COUNTY O Sworn to this ..................... ELIZABETH ANN NEVILLE Notary Public, State of New York No. 52-8125850 Suffolk Cou~ Term Exp res October 31, 19~_~ · ~ TOWN OF SOUTHOLD P~OPERTY RECORD CARD OWNER STREET VILLAGE t. FORME OWNER E DISTRICT SUB. ACRF.~GE TYPE OF BUILDING RES.~/iJ) ~/L \ : FARM LAND IMP. TOTAL DATE REMARKS ~ ,,,~//. 7/~ '--5~' - Est. Mkt. Value AGE NEW NORMAL ABOVE Form Acre Value FRONTAGE ON ROAD Tillable I BULKHEAD TillabLe 2 DOCK I:~oo BUDDING CONDITION BELOW Volue Per Acre .:',~.. .... Tillable 3 Woodland Swampland Brushland House Plot ~ON WATER /.2/ Total J xtension ~ , I -' Fire Place . Heat ~o~¢~ &~a6-= /~0 /~o /~0 Parch ' R~f Type reezeway "' '-; Patio Rooms 2nd Flor ,arage .. Driveway Dormer -- / // MAP 01:' LAND (~U NTNE~. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE 360-5206 LEE E. KOPPELMAN January 26, 1989 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Stephen & Donna Grzesik William Baxter, Jr. ~illiam & Theresa Park ~'Gunther & Kayla Stotzky Municipal File Number(s) 3809 3810 3816 3820 Very truly yours, Arthur H. Kunz Acting Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner Southold Town Board of Appeals ~AIN RI3AD- STATE RrlAD ~5 Sl3UTHEILD, L.I.. N.Y. 11~71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI ~nJames Dinizio, Jr. Pursuant to Article XII! of the Suffolk County Charter, the Board of Appea]s of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the Zoning Code, Article ZZT, Section lO0-3l Variance from Determination of South~ld Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 3820 Applicant: Location of Affected Land: County Tax Map Item No.: 1000-35-6-33 Within 500 feet of: Town or Village Boundary Line × Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Boundary of Existing or Proposed County, Boundary of Existing or Proposed County, Other Recreation Area Gunther & Kayla Stotzky E/s Osprey Nest Road., Greenport, NY Thruway State or Federally Owned State or Federal Park or Land Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct add±t±on at rear cf existing dwelling with insufficeint rearyard setback. Copies of Town file and related documents enclosed for your review. Dated: January 24, 1989 tr Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. January 23, 1989 Mr. and Mrs. Guenther Stotzky 110 Bleecker Street New York, NY 10012 Re: Appl. No. 3820 - Variance Dear Mr. and Mrs. Stotzky: Transmitted herewith for your perusal and file is a copy of the determination recently rendered by the Board of Appeals in the above matter. A copy of this decision has also been furnished to the Building Department Office to update their files. Please be sure to return for other permits which may be necessary before starting the construction process. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Mr. Otto Schoenstein (Builder) Office of the Building Inspectors Suffolk County Department of Planning z ~OUNTY OF SUFFOLK Property Tax Service Agenc ~o*. o~: SOUTHOLD O35 LINE Z Z GULL POND INLET e~o COUNTY OF SUFFOLK _ R re,head L I New York ' - · ' Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS January 12, GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. S. E. Q. R. A. SERGE DOYEN. JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H.~AWtCKI Notice of Determination of Non-Significancn James Dlnizio, Jr. 1989 APPEAL NO.: 3820 PROJECT NAME: GUNTHER AND KAYLA STOTZKY This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pehding for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION:Permission to construct addition at rear of existing dwelling with an insufficient rearyard setback. LOCATION OF PROJECT: Town of Southold, County of Suffolk, particularly knQwn as: E/s of Osprey Nest. RQad, Gr~enp~rt, NY 35-6-33 more REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) Construction proposed is landward of existing structures. (3) The relief requested is a setback variance as regulated by Section 617.13, 6 NYCRR, SEQRA FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. mc APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRrGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZlO, JR. Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765 1809 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN JUDITIt T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: December 29, 1988 Transmitted herewith is Zoning Appeal NO. 2d12~, application of Stotzkv. Guenther ~ Kavla for a variance. Also included is: 'Notification to Adjacent Property Owners; Short Environmental Assessment Form; I~tter relative to NYS Tidal Wetlands Land Use; Notice.of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk List of Mailing Notice of Hearings for 1/12/89 .Southold Town Board of Appeals Copies to the following on or about January 3, 1989: Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY 11958 for Stephen and Donna Grzesik. J. Kevin McLaughlin, Esq., 828 Front Street, Box 803, Greenport, NY 11944, for Anthony and Rosemary Bolletino. Mrs. Doris K. Brown, Box 915, Bergen Avenue, Mattituck, NY 11952 Mr. Joseph Brown, 536 East 15th St, Apt. 4, NY, NY 10028 Mr. and Mrs. William E. Park, Jr. 3500 Pine Neck Road, Southold, NY 11971 /Mr. and Mrs. Gunther Stotzky 110 Bleecker Street, New York, NY 10012 Mr. Howard Tudisco, Gray Construction Corp. (picked up in person on 1/3/89) Mr. Howard Lucas, 437 Second Avenue, East Northport, (by mail) NY 11731 Ms. Terry S. Gingras, Office Manager, for P. & J. Steil Metcalfe and Thorne, Inc., 150 Main Street, Northampton, Massachusetts 01060 Mr. Warren A. Sambach, Sr., Box 1033, Cox Lane, Cutchogue, NY 11935 for Alfred Falkowski Rudolph H. Bruer, Esq., Main Road, $outhold, NY 11971 as Attorney for: Ryck Koke Doris Price Moeller Foster Joseph and Betty Hardy Karen J. Stretz, Esq. for William J. Baxter, Jr. Wickham, Wickham & Bressler, P.C., Main Road P.O. Box 1424, Mattituck, NY 11952 Richard F. Lark, Esq. for F.I. Utility Company, Inc. Main Road, Box 973, Cutchogue, NY 11935 Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby)ZBA Office Bulletin Board ZBA Board Members (with file copies) 617.21 ~. Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) APPLICANT ISPON~OR 2. 3. PROJECT LOCATION: 4. PRECISE LOCATION (Street adOress and road intersections, prominent landmarks, etc., or provide ma~) 5. IS PROPOSED ACT'JO~I:O: [] New ~.Expanslon [] Modilicatlonlalteratlon 6. DESCRIBE PROJECT BRIEFLY; ?. AMOUNT OF LAND AFFECTED; 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EX[STiNG LAND USE RESTRICTIONS? [] Yes ~[No If NO, describe brietly ~Residenlial [] Industrial ~E] Commercial [] Agriculture Describe: [] Park~Forest/Open space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl STATE OR LOCAL )~, [] Yes ~No Il yes, list agency(s) and permit/approvals 1 t. DOES ANY ASP~..SP~CT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL'~. [] Yes ~No I! yeb, list agency name and permiUapproval 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 Applicant/spon~/~~, ~ ~,~/~.~/~ ~ ~ ~,~ L~ Dale: /.~/~' ~//~ / ""/'j, I If tYhe action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment ,,. OVER 1 (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FOR~! INSTRUCTIONS: (a) In order bo answer the questions in this short E~ it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (dj Environmental Assessmene 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes ~ NO 2. Will there be a major change to any unique or unusual land form on the site? .. Yes ~ NO 3. Will project alter or have a large effect on an existing body of water? __Yes ~ No 4. Will project have a potentially large, impact on groundwater quality? Yes ~ No 5. Will project significantly effect drainage flow on adjacent sites? . · Yes ~No 6. Will project affect any threatened or endangered plant or animal species? .. Yes ~No 7. Will project result in a major adverse effect on air quality? Yes . ~No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? Yes ~ No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologica~ importance or any site designated as a critical envircnmental area by a local agency? ____Yes ~ No 10. Will project have a major effect on existing or future recreational opportunities? Yes ~ No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? ~Yes __~No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes ~No 13. Will project have any impact on public health or safety? ~Yes _~_No 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year ~Yes ~No period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there publ'~c/~/~versy COncerning the ~roject? ~ · Preparer's Signature: //,~///~ ~, ~, __ QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED {~TIt YOUR APPLICATIiON FOi~iS 'FO THE BOARD OF APPEALS 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? 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? Yes Yes ~ Yes 3. Are there existing structures at or below ground level, as patios, foundations, etc? ~lb~/~7~ ~--~]~ ~/FL~/M~ ~ NO such< $ ~ $~v67 4. Are there any existing or proposed fences, cDncrete barriers, decks, etc? ~X~rl~4 pFc~ ~$ Fm~-~ C-x~T~ ~No 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. Se 7. 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: e Yes ~ Yes ~ Yes ~ Do state whether or not applications are pending concerning these premises before any ot~er 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 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 app%ication to the Town Trustees for an 'inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please list present use or operatiQns c~nducted upon the subject property at this t~me and proposed ~~./~A . Yes Yes Yes Yes Yes Yes Yes Yes Yes ~ Please submit photographs [or the record. cert%~yn~h~t the above statements are true and are bezng submztted for reli~oard of Appeals in considering my application· Si opercy rizeu AgenU) 1/88 Bo WETLANDs [Amended 8-26-7t; by L.L. No. 2-1:)76; 3-26- 85 by L.L. No. 6-1985]: A. TIDAL WETLANDS: (1) All lands generally covered or in~rmittently coy. ered with. or ~vblcb bord,.r on, tidal waters, or lands ' lying beneath fids} waters, which u~ mean Iow tide , are covered by tidal waters to a m~x{mt{m depth five (5) feet. inelm{inK but not limited ~ banks, bogs, salt marsh, swamps, men{ ows fiats or other low lying lands subject to tidal action: (2) All banks, bogs. meadows, flats and tidal marsh subject ~ such tides and upon which grows or may grow some or any of tho Mllowin~: salt hay, black grass, saltwort, sea lavender, tall eord~rass, high bush. cattails, groundsel, marshmallow and }o~ march eordgrass; and/or All land immediately adjacent to a tidal ~etland as defined in Subsection AlE) and lying w{tb{n seven- ty-five (75) feet landward of the most landward edge of such a tidal wet{and. PREsIIWATER WETLANI)S: (1) "Freshwa~r xvet ands" as defined {n Artie{e tlc 1. ~ 24-0107, Subdivisions l(a) ~ l(d) inclusive. of the EnvironmenMl Conservation Law of the Sta~ of New York; and (2) All {and immediately adjacent to a "freshxvater xvet- land." as defined in Sui~seetion B(1) and lying with. in Seventy-five (7,5) feet landward of the most land. ward edge of a "fi'eshxvnter wetland." 9705 FOI~V~ NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificate Of Occupancy No..Z.~.~.6 ...... Date ............. ?.c.~ ..... 1.? ...., 19. THIS CERTIFIES that the building located at . ~).s. DTgY..l~! ? !~J;..I?L9~. ....... Street Map No.q~Y.~, ~RiB~ck N ........ ~. ,Lot No. 6 Greem}ort ~,.. ~ · O SeC ................................. conforms substantially to the Application for Building Permit heretofore filed in this office d~ed .......... Hq~ .... J.~.., 19.~}. pursuant to which Building Permit No..~.. dated .......... J':.~ ..... ~ ~.., 19~.., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is . ,:' x]: ~- ~ -.~c ...................................... issued is . . ~T~.M% ~'9. .q~9. .~q~!~-~X ('' ~' ~ ' ~' ~ The certificate is issued to . .~P.~I)gR .~i. L{~X]:%...~?. ....... ~:~/~.1~. (owner, lessee or tenant) of the afores~d building. Suffolk County Department of Health Approval .~q ~;...~ ~...1.?~...'~y..l~. ~ff~.]:]. ~ .... ~ ' S - 18 1°~' U~D~W~Zr~S C~r~zC~rm ~o. Z~. ~ ] ~ ....... ~.~ .... : .... ~ (~ ............ HOUSE NUMBER ...~02 ........ Street ~ ~" ~' -. ~ ~ ll~,zt:,-., to 80 sq f~r ~erson NOTE: i:earoom occupancy '~,~' ~ ~i]~' I~spector SY'ATE OF NEW YORK, COUNTY OF On the day of personally came SS: , before me 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: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , 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 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, COUN' On the day of personally came 19 , before me 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 On the day of 19 personally came to me known and known to me to be a partner in Ss: · before me a partnership, and known to me to be the person described in and who executed the foregoing instrument in the partnership name, and said duly acknowledged 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 as of 19 Dated, 19 For value received, .the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Purchaser Assignee of Purchaser TITLE No, ( onlrarl ale TO PREMISES Section Block Lot County or Town Street Numbered Address STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by CHICAGO TITLE Recorded At Request of RETURN BY MAIL TO: Zip No.. '~:~VANCE OF THE FOLLOWING, SUGGESTIONS WILL SAVE TIME AND TROUBLE AT THE CLOSING OF THIS TITLE The SELLER should bring with him all in~uronce policies and duplicates, receipted bills for taxes, assessments and water rates, and any leases, deeds or agreements affecting the property. When there is a water meter on the premises, he should order it read, and bring bills therefor to the closing. If there are mortgages on the property, he should promptly arrange to obtain the evidence required under Paragraph 5 of this contract. He should furnish to the puTchaser a full list of tenants, giving the names, rent paid by each, and date to which the rent has been paid: The PURCHASER should be prepared with cash or certified check drawn to the order of the seller. The check may be certified for an approximate amount and cash may be provided for the balance of the settlement. · ..................................................... Dollars, payable as ONE THOUSAND ONE HUNDRED FIFTY(S1,150.00)(of which $115.00 was Dollars, paid on binder) on the signing of this contract, by check subject to collection, the receipt of which is hereby acknowledged; TEN THOUSAND THREE HUNDRED FIFTY ($10,350.00) .................... Dollars. in cash or good certified check to the order of the seller on the delivery of the deed as hereinafter provided; Dollars, by taking title subject to a mortgage ~o~. · ~ rate of per cent per annum, the principal being due and p%; by the purchaser or assigns executing, acknowledging and delivering to ~'~ note secured by a purchase money mortgage on the above premises, in that amount, per annum payable together with interest at the rate of 3. Any bond or note and mortgage to be given hereunder shall be drawn on the standard forms of New York Board of Title Underwriters for mortgages of like lien; and shall be drawn by th& attbrney for the seller at the expense of the purchaser, who shall also pay the mortgage recording tax and recording fees. 4. If such purchase money mortgage is to be a subordinate mortgage on the premises it shall~ provide that it shall be subject and subordinate to the lien of the existing mortgage of $ , any extensions thereof and to any mortgage or consolidated mortgage which may be placed on the premises in lieu thereof, and to any' extensions thereof provided (a) that the interest rate thereof shall not be greater than per cent per annum and (b) that, if the principal amount thereof shall exceed the amount of principal owing and unpaid on said existing mortgage at the time of placing such new mortgage or consolidated mortgage, the excess be paid to the holder of such purchase money mortgage in reduction of the principal thereof. Such purchase money mortgage shall also provide that such payment to the bolder 'thereof shall not alter or affect the regular installments, if any, of principal payable thereunder and shall further provide that the holder thereof will, on demand and without charge therefor, execute, acknowledge and deliver any agree- ment or agreements further to effectuate such subordination. 5. If there be a mortgage on the premises the seller agrees to deliver to the purchaser at the time of delivery of the deed a proper certificate executed and acknowledged by the holder of such mortgage and in form for recording, certifying as to the amount of the unpaid principal and interest thereon, date of maturity thereof and rate of interest thereon, and the seller shall pay the fees for recording such certificate. Should the mortgagee be a bank or other institution as defined in Section 274-a, Real Property law, the mortgagee may, in lleu of the said certificate, furnish a letter signed by a duly authorized officer, or em- ployee, or agent, containing the information required to be set forth in said certificate. Seller represents that such mortgage will not be in default at or as a result of the delivery of the deed hereunder and that neither said mortgage, nor any modification thereof contains any provision to accelerate payment, or to change any of the other terms or provisions thereof by reason of the delivery of the deed hereunder. 6. Said premises are sold and are to be conveyed subject to: a. Zoning regulations and ordinances of the city, town or village in which the premises lie which are not violated by existing structures. b. Consents by the seller or any former owner of premises for the erection of any structure or structures on, under or above any street or streets on which said premises may abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. d.Covenants, restrictions and easements of record. e. Any state of facts an accurate survey or personal inspection would show. 7. All notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by the Depart- ments of Housing and Buildings, Fire, Labor, Health, or other State or Municipal Department having jurisdiction, against or affecting the premises at the date hereof, shall be complied with by the seller and the premises shall be conveyed free of the same, and this provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish the purchaser with an authorization to make the necessary searches therefor. 8. All obligations affecting the premises incurred under the Emergency Repairs provisions of the Administrative Code of the City of New York (Sections 564-18.0, etc.) prior to the delivery of the deed shall be paid and discharged by the seller upon the delivery of the deed. This provision shall survive the delivery of the deed. 9. If, at the time of the delivery of the deed, the premises or any part thereof shall be or shall have been affected by an assess- ment or assessments which are or may become payable in annual installments, of which the first installment is then a charge or lien, or has been paid, then for the purposes of this contract all the unpaid installments of any such assessment, including those which are to become due and payable after the delivery of the deed, shall be deemed to be due and payable and to be liens upon the premises affected thereby and shall be paid and discharged by the seller, upon the delivery of the deed. 10. The following are to be apportioned: (a) Rents as and when collected. (b) Interest on mortgages. (c) Premiums on existing transferable insurance policies or renewals of those expiring prior'to the closing. (d) Taxes and sewer rents, if any, on the basis of the fiscal year for which assessed. (e) Water charges on the basis of the calendar year. (f) Fuel, if any. .(g) taxes shall be the City tax rate for the next preced ng year applied to the latest assessed valuation. 12. If there be a water meter on the prer~ the seller shall furnish a reading to a date ncl~pre than thirty days prior to the time herein set for closing title, and the unt~l~ meter charge and the unfixed sewer rent. if aWased thereon for the intervening time shall be apportioned on the basis of such last reading. 13. The deed shall be the usual bargain & sale with covenants against the grantors acts deed in proper statutory short form for record and shall be duly executed and acknowledged so as to convey to the purchaser the fee simple of the said premises, free of all encumbrances, except as herein stated, and shall contain the covenant required by subdivision 5 of Section 13 of the Lien Law. If the seller is a corporation, it will deliver to the purchaser at the time of the delivery of the deed hereunder a resolution of its Board of Directors authorizing the sale and delivery of the deed, and a certificate by the Secretary or Assistant Secretary of the corpbration certifying such resolution and setting forth facts showing that the conveyance 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 said section, 14. At the closing of the title the seller shall deliver to the purchaser a certified check to the order of the recording officer of the county in which the deed is to be recorded for the amount of the documentary stamps to be affixed thereto in accordance with Article 31 of the Tax Law, and a certified check to the order of the appropriate county officer for any other tax payable by reason of the delivery of the deed, and a return, if any be required, duly signed and sworn to by the seller; and the purchaser also agrees to sign and swear to the return and to cause the check and the return to be delivered to the appro- priate county officer promptly after the closing of title. 15. In addition, the seller shall at the same time deliver to the purchaser a certified check to the order of the Finance Admin- istrator for the amount of the Real Property Transfer Tax imposed by Title II of Chapter 46 of the Administrative Code of the City of New York and will also deliver to the purchaser the return required by the said statute and the regulations issued pursuant to the authority thereof, duly signed and sworn to by the seller; the purchaser agrees to sign and swear to the return and to cause the check and the return to be delivered to the City Register promptly after the closing of the title. 16. The seller shall give and the purchaser shall accept a title such as any reputable Suffolk County Title Insurance Companya Member of the New York Board of Title Underwriters, will approve and insure. 17. All sums paid on account of this contract, and the reasonable expenses of the examination of the title to said premises and of the survey, if any. made in connection therewith are hereby made liens on said premises, but such liens shall not continue after default by the purchaser under this contract. 18. All fixtures and articles of personal property attached or appurtenant to or used in connection with said premises are repre- sented to be owned by the seller, free from all liens and encumbrances except as herein stated, and are included in this sale; without limiting the generality of the foregoing, such fixtures and articles of personal property include plumbing, heating, lighting and cooking fixtures, air conditioning fixtures and units, ranges, refrigerators, radio and television aerials, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery and outdoor statuary. The subject premises is bare land. 19. The amountof any unpaid taxes, assessments, water charges and sewer rents which the seller is obligated to pay and dis- charge, with the interest and penalties thereon to a date not less than two business days after the date of closing title, may at the option of the seller be allowed to the purchaser out of the balance of the purchase price, provided official bills therefor with interest and penalties thereon figured to said date are furnished by the seller at the closing. 20. If at the date of closing there may be any other liens or encumbrances which the seller is obligated to pay and discharge, the seller may use any portion of the balance of the purchase price to satisfy the same, provided the seller shall simultaneously either deliver to the purchaser at the closing of title instruments in recordable form and sufficient to satisfy such liens and en- cumbrances of record together with the cost of recording or filing said instruments; or. provided that the seller has made arrangements with the title company employed by the purchaser in advance of closing, seller will deposit with said company sufficient monies, acceptable to and required by it to insure obtaining and the recording of such satisfactions and the issuance of title insurance to the purchaser either free of any such liens and encumbrances, or with insurance against enforcement of same out of the insured premises. The purchaser, if request is made within a reasonable time prior to the date of closing of title, agrees to provide at the closing separate certified checks as requested, aggregating the amount of the balance of the purchase price, to facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens and encumbrances shall not be deemed objections to title if the seller shall comply with the foregoing requirements. 21. If a search of the title discloses judgments, bankruptcies or other returns against other persons having names the same as or similar to that of the seller, the seller will on request deliver to the purchaser an affidavit showing that such judgments, bank- ruptcies or other returns are not against the seller. 22. In the event that the seller is unable to convey title in accordance with the terms °f this c°ntract' the s°le liability °f the seller will be to refund to the purchaser the amount paid on account of the purchase price and to pay the net cost of examining the title, which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the net cost of any survey made in connection therewith incurred by the purchaser, and upon such refund and payment being made this contract shall be considered canceled. 23. The deed shall be delivered upon the receipt of said payments at the office of George C. Stankev'ich,Esq. ,~ ~ Road, Southold, N.Y. 11971 at o'clock on February 19 73 . is the broker who ,~:e that Robert Gillespie ,,~ se~ler agrees to pay any commission earned thereby. ,,i,:cd that all understandings and agreements heretofore had between the parties hereto are merged f;~]ly and completely expresses their agreement, and that the same is entered into after full investi- ~:pon any statement or representation, not embodied in this contract, made by the other. The :,aidiugs standing on said premises and is thoroughly acquainted with their condition and agrees to ~nt condition and subject to reasonable use. wear, tear, and natural deterioration between ~i title. ~nged or terminated orally. The stipulations aforesaid are to apply to and bind the heirs, ::d assigns of the respective parties. l;cr the seller or the purchaser, the word "seller" or he word purchaser" shall be ~ ~,,,~q- tkae sense of this agreement so requires. . .~-A k,~ the Da/ties heretoi '~-- ' .4/ winniai 'i ' ' :: S~nd~d N.¥.B,T,U, Form 8041 * CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOUL~I~BE USED BY LAWYERS ONLY. NOTE: FIRE LOSSES. This form of contract contains no express provision as to risk of loss by fire or other casualty before delivery of the deed. Unless express provision is made, the provisions of Section 5 - 1311 of the General Obligations Law will apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing. TFiiS ACsRE~NT, made the 3 /?~/'~ day of BETWEEN January , nineteen hundred and seventy-three WILLIAM McDERMOTT, residing at Osprey Nest Road East Marion, New York 11939 hereinafter described as the ~ller, and GUENTHER STOTZKY and KAYLA Bo STOTZKY, his wife, residing at 110 Bleecker Street, New York, NoY. 10012 hereina~er de~r~ ~ the purchaser, WITNESSETH, that the seller agrees to sell and convey, and the purchaser agrees to purchase, all that certain plot, piece or pardi of land, ~th the buildings and improvements thereon erected, situate, lying and belng:~ill~ at East Marion, Town of Southold, .County of Suffolk and State of New York, known and designated as Lot 6 and mooring Lot 28 on a certain map entitled, "Map of Section 1, Cleaves Point" and filed in the office of the Clerk of the County of Suffolk on September 10, 1957, as map number 2752. The subject premises were last insured under Chicago Title Insurance Company (policy no. 71-S-02494) 117 East Main Street, Riverhead, New York 11901, and surveyed by Van Tuyl and Son, Front Street, Greenport, New York 11944. /~UBJECT Jo.Purchaser obtaining tentative approval of building plans · and specifications from Dawn Estates Builders Corp., or its successor, pursuant to Liber 5748 cp 579; Purchaser ~undertakes to make pr~pt application for such tentative approval~and this clause shall termin~e on March 1, 1973. Seller represents that Lot #6 is buildable under the Zoning Ordinance of the Town of Southold, and will produce an appropriate certificate to that effect at closing. I. This sale includes all right, title and interest, if any, of the seller in and to any land lying in the bed of any street, road or avenue opened or proposed, in front of or adjoining said premises, to the center line thereof, and all right, title and interest of the seller in and to any award made or to be made in lieu thereof and in and to any unpaid award for damage to said premises by reason of change of grade of any slreel; and Ihe adler will exccule and deliver to the purchaser, on closing of lille, or Ihereafter. on de,hand, all proper iLislrulnenls for Ihe conveyance .f such lille a.d the assignment and collection of any such award. rr T-3961 CTIC # 73-5- 03941 CONSULT YOUR LAWYIR BEFORE SIONING THIS INSTRUMINT m ~HIS INSTRUMENT SHOULD BE USIED BY LAWYERS ONLY THIS AGREEMENT, made the ay of July nineteen hundred and BETWl/EN GUElqTHER STOTZKY and KAYLA B. STOTZKY, his wife, both residing at 110 Bleecker Street, New York, l/ew York 10012,./- hereinafter referred to as the borrower, and SOU']~OI.~D S~~NK, ~1 bank _corporation organized and existing under and by v~[r~u~o~ ~he laws of the State of New York having its prince ~hd lp ace ~f business at hereinafter referred to as the lender, WHERF, AS, the borrower has applied to the lender for a loan of ....... ..... THIRTY THOUSAND AND 00/100 ($30,000.00) .... Dollars, to be advanced as hereinafter provided and to be evidenced by the bond or note of the borrower for the payment of said sum, or ~o much thereof as shall at any time be advanced thereon, on demands with interest upon each amount so advanced from the date of such advance at the rate ofSeven & one-halE (7 1/2~) per cent per annum to be paid on the ~.St day of September 19 73 and monthly thereafter; said bond or note to be secured by a f~.r8 t mortgage on the premises described as follows: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being~:l~ at East Marion, Town of Southold, County of Suffolk and State of New York, known and designated as Lot 6 and mooring Lot 28 on a certain map entitled, 'Rap of Section 1, Cleaves Point" and filed inthe Office of the Clerk of the County of Suffolk on September 10, 1957, as map number 2752{ Being and intended to be the same premises conveyed by William McDermott to Ouenther Stotzky and gayla B. Stotzky, his wife, by ~ recorded in Liber 7367 of Deeds at page 15. Page 1 t SUFFOL~ ss, 19 73, before me STATE OF NEW YORK, COUNTY9 SS: On the 1, day of 19 , before me TOGETHER with all right, title and interest of the mortgagor in and to the land lying in the streets and roads in front of and adjoining said premises; TOGETHER with all fixtures, chattels and articles of personal property now or hereafter attached to or used in connection with said premises, including but not limited to furnaces, boilers, oil burners, radiators and piping, coal stokers, plumbing and bathroom fixtures, refrigeration, air conditioning and sprinkler systems, wash-tubs, sinks, gas and electric fixtures, stoves, ranges, awnings, screens, window shades, elevators, motors, dynamos, refrigerators, kitchen cabinets, incinerators, plants and shrubbery and all other equipment and machinery, appliances, fittings, and fixtures of every kind in or used in the operation of the buildings standing on said premises, together with any and all replacements thereof and additions thereto; WHEREAS, the lender agrees to make said loan upon the terms, covenants and conditions hereinafter set forth, and the borrower agrees to take said loan and expressly covenants to comply with and perform all of the terms, covenants and conditions of this agreement, NOW, THEREFORE, it is agreed between the parties as follows: I. The borrower expressly covenants to make on said premises the improvement described below in ac- cordance with the plans and specifications therefor which, before the making of the' first advance hereunder, the borrower agrees to file with all governmental authorities having jurisdiction and to obtain all necessary approvals of said plans and specifications and all necessary building permits from said authorities. 'The said plans and specifications shall first be submitted to and approved by the lender in writing; and no changes or amendments thereto shall be made without first obtaining the written approval of the lender. The said improvement to be made shall be as follows: 2. ~Vith the approval of the lender,lloan may be evidenced by more than ond or note aggregating the amount of said loan and be secur~ by more than one mortgage each covering a portion of the said premises; in that case reference herein made to the bond, note or mortgage shall be deemed to include all of the said bonds, r~otes or mortgages. 3. With the approval of the lender, the bond or note and mortgage may, for the convenience of the borrower, be written for a sum larger than the amount of the loan above specified, but in no case will the lender be obligated to advance more than the amount of the loan so specified. 4. The said bond or note and mortgage shall be upon the standard forms of NEW YORK BOARD OIr TITLE UNDERWRITERS or, at the option of the lender, upon such other forms and containing such clauses as the lender shall determine are needed for the lender's protection, and the mortgage shall be executed and acknowledged by all parties necessary to make it, as determined by the lender's attorney, a valid lien on a good and marketable title in fee to said premises and on the said fixtures and personal property to be covered thereby for all su~ns that may be advanced, free and clear of all liens, encumbrances and defects, except those, if any, to which the lender has expressly agreed herein to take subject or which the lender may hereafter waive. The said bond or note and mortgage are to be delivered xxxxx xxxxxx x simultaneously herewith 5. The borrower at the time of the execution of this agreement or, at the option o£ the lender, at the time fixed for the delivery of the mortgage, shall pay all fees and charges agreed to be paid including the fees, if any, for the procuring and making of said loan and the charges for the examination of the title to said premises, surveys, appraisals, inspections and drawing of papers, and shall also pay the recording fees ,and mortgage recording tax and cost of revenue stamps, if any, and architects', engineers' and building loan service fees. 6. The said loan is to be advanced at such times and in such amounts as the lender shall determine, ~ Lf Page 3 STATE OF NEW YORK, COUNTY OF SU~0~aK ss: I STATE OF NEW YORK, COUNTY OF SS: 7. No advance shall be due unless, in the judgn ent of the lender, all work usually done at the stage of construction when the advance is made payable be done in a good and workmanlike manner, and all mater- ials and fixtures usually furnished and installed at that time are furnished and installed, and unless all construction be approved by an engineer or architect satisfactory to the lender, but the lender may advance parts or the whole of any installments before they become due, if the lender believes it advisable so to do, and all such advances or payments shall be deemed to have been made in pursuance of this agreement and not to be modifications thereof. The making of any advance or any part of an advance shall not be deemed an approval or acceptance by the lender of the work theretofore done. Any advance or installment or any part or parts thereof may be postponed or deferred by mutual consent of the borrower and the lender, and any such postponement or postponements shall be deemed to be in r~ursuance of this a reement an modification thereof A receipt for any advance shall be bi-a' - , . . ~g d not in · . , .u]ng on tne oorrower almough signed by any one of the individual parties constituting the borrower, any one partner, if the borrower is a ' and any one officer, if the borrower is a corporation, partnership, 8. The lender may require five days' notice in writing from the borrower before an advance shall be called for. All advances are to be made at the office of the lender or at such other place as the lender shall designate. 9. The lender may at any time release portions of the mortgaged premises from the provisions of this agreement and from the mortgage executed and delivered pursuant thereto upon such terms and conditions as the lender shall deem fit. 10. The lender may at any time extend the payment of the principal secured by said bond or note and mortgage, and any extensions so granted shall be deemed made in pursuance of this agreement and not to be modifications thereof. Il. The borrower shall furnish to the lender, on or before the making of the final advance, the final certificates of approval including cert ficate of occupancy, of the various eovernmental jurisdiction and the certifica,~ ~ ,u~ u ...... - ...... au.thorities having said premises are situated· ~ ...... ,- ~,~,.~,u ot tire t;nuerwr~ters acting ~n and for the locality in which the 12. The borrower shall furnish to the lender, or the lender may procure at the expense of the borrower, surveys made by a surveyor satisfactory to the lender whenever required by the lender. l& The borrower shall furnish to the lender, premiums prepaid, or the lender may procure at the expense of the borrower, insurance policies in companies, forms, and amounts satisfactory to such lender insuring the premises against loss or damage by fire, with the usual extended coverage endorsement, and other hazards as may reasonably be required by the lender. 14. The lender may at the expense of the borrower employ a watchman to protect the buildings and their contents from depredation or injury. 15. If the construction of said buildings be at any time discontinued or not carried on with reasonable dis- patch in the judgment of lender, said lender may purchase materials and employ workmen to protect said buildings so that the same will not suffer from depredation or the weather, or to complete said buildings, so that they may be used for the purposes for which they are designed under the said plans and specifications. 16. All sums paid or expended in accordance with any of the foregoing provisions shall be deemed advances to the borrower and secured by said bond or note and mortgage and may be applied, at the option of the lender, to any advances thereafter becoming due. 17. The lender may deduct from any payment to be made under this agreement any amount necessary for the payment of any fees and expenses relating to the examination of the title to said remi ' · of surveys, charges for appraisals, inst)ections drawl-- ^~ ......... P ~es, tncludmg cost .w, . ...... .-8~.cc~* a.u oUUalng loan service fees, and any expenses incurred in the procuriPn~ or me making of the said loan, and in the payment of any insurance premiums, mortgages, tax, assessment, water rate, sewer rents and other charges, liens and encumbrances upon the said premises whether before or after the making of said loan and any other amounts necessary for the payment of the cost of improvement as defined by the Lien Law, and apply such amounts in making said payments, and all sum ' be deemed advances under this agreement and secured by said bond or note and mortgageS.° applied shall 18. The lender ~nay cause said loan to be made by some other person or corporation. The bond or note and mortgage shall then run to said person or corporation. The provisions of this agreement shall apply to such bond or note and mortgage, and if the loan be so made. it shall be deemed a compliance by the lender with this agreement. The lender may assign this agreement and the bond or note and mortgage and cause the assignee or any subsequent assignee to make any advances not made at the time of the assignment, and all the provisi6ns of this agreement shall continue to apply to said loan and bond or n In case the loan is made in accordance with an., of th~ ~.~-~ ..... ' .... otc and .mortgage. deemed a comr)liance b., the lender ...:.u .u-_ ~ ~ ~.,-.~.,~u.~ mc~at~oneo in tnts paragraph 18, ~t shall be ~ ,., v. _ i w,t~ t,l~ agreement ann to nave oeen made pursuant thereto and not to oe a moamcatton mereof, and the advances so made shall be secured by said bond or note and mortgage. 19. In the event of the death of the borrower while still holding title to the mortgaged premises the lender may. at the option of the lender, in case the work upon the said improvement is continued as provided in this agreement, continue to make advances under this agreement and subject to all its term~ and ('and{t;,',,,. v'~,V'~,('~'"[~"I~*'~ ~2~i-~e-[~-~adke advances under this agreement to tlll~orrower or to mose WhO agreement, and not to be modific~l~'ons thereof, and shall be secured Dy sara oona or note g 21. The borrower further agrees: (il where stairs are required, to erect the permanent stairs with tern o,r- ary treads as rapidly as the framework erected will permit; (ii) to submit to the lender, for the lender s approval the details of the floor construction and framing plans before the contract therefor is let; (iii) to give the lender sufficient notice (al when tests of the plumbing and heating systems and structural work are to be made; any further tests required by the lender are to be made by the contractors for such work under the direction of the lender at the expense of the borrower; (b) to permit an examination of all bottoms before any foundation materials are placed or used; and (c) to make an inspection after floor filling is completed and before the wood flooring is laid in each story. 2~. In case citv sewers have not been installed or the street or streets adjacent to the said premises have not been paved, th~borrower shall install and properly connect sewers of city specifications as to size and quality and shall pave such street or streets so as to have the same conform to the established city grade thereof; and the borrower shall, upon demand, furnish evidence satisfactory to the lender of compliance with the provisions hereof. ~8. The borrower covenants and agrees not to do any act or thing prohibited by the terms of this agree- ment, and it is expressly agreed that in any of the following events all obligation on the part of the lender to make said loan or to make any further advance shall, if the lender so elect, cease and terminate, and the said bond or note and mortgage shall, at the option of the lender, become immediately due and payable, but the lender may make any advances or parts of advances after the happening of any of the following events without thereby waiving the right to demand payment of the mortgage debt and without becoming liable to make any other or further advances: (al If the mortgage offered by the borrower does not give to the lender a good and sufficient lien for the indebtedness to be secured thereby on said premises satisfactory to the lender's attorney. (b) If at the time any payment is due to the borrower the title is not satisfactory to the lender's attorney, regardless of whether the lien, encumbrance or other questions existed at the time of any prior advance. (c) If the borrower assigns this contract or any of said advances or any interest therein, or if said premises are conveyed or encumbered in any way without the written consent of the lender, or if the borrower dies before receiving the final advance hereunder. (d) If a survey shows that the improvement on said premises encroaches upon the street or upon ad- joining property, or any adjoining structure encroaches upon said premises to an extent deemed material by the lender's attorney. (el If the borrower does not take the loan or advances within thirty days after they are made payable, or in case where the payment o~ advances~ i~ dependent upon the erection of a new building, the building be not fully enclosed within ~ months from date hereof ~or~in any event if the improvement be not fully completed and ready for occupancy within ~ months from date hereof. ([) if the improvement on said premises is, in the judgment of the lender, materially injured or destroyed by fire or otherwise. (gl If a petition in bankruptcy is filed by or against the borrower or a receiver or trustee of the prop- erty of the borrower is appointed; or if the borrower files a petition for reorganization under any of the provisions of the Bankruptcy Act or of any other law, state or federal, or makes an assign- ment for the benefit of creditors or is adjudged insolvent by any state or federal court of competent jurisdiction. (h) If the borrower does not make said improvement in accordance with plans and specifications which are previously furnished to and approved in writing by the lender and which have been filed with and approved bv all governmental authorities having jurisdiction, and in accordance with all laws, rules, regulatiofis and requirements of such governmental authorities existing at the commence- ment of the improvement and any amendments thereof and additions thereto made with the written approval of the lender during the construction of the improvement or fails to file amended or sutmlemental plans and specifications, if required, because o~ such amendments and additions after' l~rst obtaining the written approval thereof by the lender and the approval of such governmental authorities; or if the borrower fails to furnish the lender with a written certificate issued by the department of the governmental authority in the locality in which the property is situated having jurisdiction thereof approving said plans and specifications and any amended and supplemented~ plans and specifications where such department has jurisdiction. .Z~: '3v' aer of said premises does not permit the lender, or representatives of the lender, to enter ,;;(~ premises and inspect the improvement thereon at all reasonable times and examine all ~hop drawings and specifications which are kept at the work, or fails to furnish to ,ciuested, copies of such plans, drawings and specifications. : y~'er the construction of said improvement is at any time discontinued or not ;o. ble dispatch in the judgment of the lender. ;my chattel mortgage on any materials, fixtures or articles used in the ,~ the improvement or appurtenant thereto, or articles of p?sonat ie~ises, or if any such materials, fixtures or articles are not saus£actory ,.~ et~ conditional bill of sale or otherwise so that the ownership ,,; ,,,ym ~i~e borrower, free from encumbrance, on delivery at the · ,2c:; ;~;~t [arnish to the lender, if requested, the contracts, bills o£ ;~ :greements, or any of them, under which the borrower ;~ais, iixtures and articles. · ~,,~ ............ ;, ~, with any requirement of any governmental authority having (~) ~.~ ~"~ ..... ' -~'~' ~t~;2 after notice in writim' o£ such requirement shall have been given to said borrower; or fails to furnish to the lender, when requestea, official selll-~Bt$ maae ~y me governmental authorities having jurisdiction. Page 5 (m) If the borrower does not disclose to the lender, upon demand, the names of all persons with whom the borrower contracted or intends to contract for the construction of said improvement or the furnishing of labor or materials therefor. (n) If the borrower permits any purchaser or prospectivepurchaser to occupy the premises before this agreement shall have been fully performed and the final advance made thereunder. (0) If the borrower fails to keep, observe or perform any of the conditions, stipulations, agreements or covenants contained in this agreement or in the said bond or note or mortgage. 24. In the event that more th:m one mortgage is executed pt~, any default by the borrower in the performance of any ~ covenants contained in this agreement or in any of thc 1~(~ tion therewith, then, at the option of the lender, the principal :~; bonds or notes and mortgages shall immediately become due and p: may be foreclosed in either one or more actions, and any judgmen: may direct that the mortgaged premises covered by all the mortgag-:, be sold in one parcel. 25. The borrower, in compliance with Section 13 of the Lien Law, receive the advances to be made hereunder and to be secured by the r~ and will hold the right to receive such advances as a trust fund to be applied first iOl ,~,~ 1,.~;~ the cost of improvement, and will apply the same first to the payment o£ the cost of improvement i~=:( using any part of the total of the same for any purpose. 26. And it is mutually understood and agreed by and between the parties hereto on behalf of themselves and their respective personal representatives or successors in interest that the bond or note and mortgage contemplated to be executed, acknowledged and delivered pursuant to this agreement shall be made subject to all the conditions, stipulations, agreements and covenants contained in this agreement, to the same extent and effect as they would be if fully set forth in and made part of said bond or note and mortgage, until this agreement is terminated by the completion of the improvement described herein and the making of the final advance hereunder as provided for herein; and it is further expressly understood and agreed that this agreement is made subject to all the conditions, stipulations, agreements and covenants contained in said bond or note and mortgage, to the same extent and effect as they would be if fully set forth herein and made part hereof. IN WITNESS WHEREOF, the parties hereto above written. A true statement under oath, verified by the borrower as required by Section 22 of the Lien Law, is attached hereto and made part of this agreement. This agreement may not be changed or terminated orally. Wherever the word "lender" is used 'herein it shall be deemed to include also the personal representatives, successors and assigns of the lender. have duly executed this agreement the day and year first IN PRESENCE OF: (Kayla B. St:otzkY) (L.S.) (L.s.) SOUTHOLD SAVlI~IGS BAI~ Page 6 "' STATE oFNEW YORK, cOUNTY O~ SUFFOLK ss.: STOTZ h wife a G'uEwrHER STOTZKY and Y~YLA B. bo~&ng ~u~y sworn, deposes ands ys: ~g.v~ai~l~' We reside at 110 Bleecker street, New York, New York 10012, x~ and are the borrower mentioned in the within building loan contract . . . The consideration a~d, or to be pa~d, by the borrower to the lender for the loan descmbed therein is nd ses incu said loan are as follows: commission, Examination and insurance o£ title and recording fees, Mortgage tax, and surveyor's fees, Internal revenue stamp taxes, Inspections, ~ Appraisals, Conveyancing, Building loan service fees, Sums paid to take by assignment consolidated with bu! g mortgages and also .the interest charges on such mortgages, Sums paid to discharge or reduce the indebtedness under mortgages and accrued interest thereon and other prior existing encumbrances, Sums paid to discharge building loan mortgages whenever recorded, sewer rents paid (ex.isti~govP;~rntt~, commencement o£ Imp $ t sum available to the said borro~qer for thee imt p~'ve~n~t;~,~ \%/ ~ ~ Dollars ~ ), less ~ch amounts as may ~come sue or p I and sewer renu acc~ing 0 ~1 } ..... mortgages, ~ound rent, taxes, as~ssments, water renr~ interest on Du~l~mg loan during ~e making of ~e improvement. This statement is made pursuant to Section 22 of the Lien Law of the State of New York. ~ ~re~ knowledge o~ the deponent (Kayla B. Stotzky) ,,.(r.s .) ,0..s.) Nota~/ P~blJc, State of Blew yerk Re~ding in Su~'olk County No. 52-3954850 ./~y Commjssio~ ~xpires March 30, 197~~ Page ? Page 1 5~A.TE OF.NL~W YORK, COUNTY OF ~OT~TII~~ SS: On the J~ay of July 19 7~ before me personally came G~ S~TZ~ &Bd ~ B. S~TZ~, his wife, to me known to be the individual s described in and who executed the foregoing instrument, and acknowledged that they executed the same. RENSSE~ER G. TERRY, JR. STA. OF N,W YORX, COUNTY OF SU~0LK ss, On the/7 ~ay of,.` atll. y 19 ~ ,~bef,_ore me personally came ] / D,H t, q ~)e P to me known, who,~&ifig/b'y ~ne;q'~- ~' %ly ~sworn, nicfdepo~'e ann sayx~at ~ae res. id.es at No. that , he is the ' ~c~'2'-~ . / ot $OU'L'~OLD SAV-~$ BA, I~ 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 cornorate ~eal' that it was so affixed by order of the board ofa;1TI~llid corporation, and that he signed ht.~ name thereto by like order. ;TATE OF NEW YORK, eouNTYil~r~ ss: 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. STA~ OF NEW YOR~COUNTYOF SS: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , 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 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. RENSSELAER G. TERI~Y, JR. Notary Public, State of New York Re~ding in Suffolk County No. 52-3954850 My Commission Expires March 30, 197~'~ Page 8 s y-3961 -Ic # CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. AC~Ie_Ir~8I..NT, made the 5-~day of November nineteen hundred and seventy-three B£TW~-~N ~OIYI~OLD SAVINGS BA~, a banking corporation organized and extsgi~ ~der and by virtue of the laws "~ ~w.:~t~ of N~ York, having [ts principal office and place of bu~ Southold, N~ York hereinafter designated as the party of the first part, and GUENTH~ his wife, both residing at 110 Bleecker St:: hereinafter designated as the party of the second part, WITN~TIt, that the party of the first part, the holder of the following mortgage rX:I~I~ secured thereby: 1,, July 19 73 made by Mortgage dated the .,.ti,, day of , ' KAYLA g. STOTZKY, his wife, to SOU%HOLD SAVINGS BANK in the principal sum of; 30,000.00 6799 x~railta~ of Mortgages, pageJfl.9 lounty of Suffolk on July 26Ch, 1973, and of the bond GUENTHF~ 8TOTZKY and and recorded in (Liber) (~) , in the office of the Clerk of the now a valid first lienu~nthepremisessituate at 'EasCMarion, Town of Sou=hold, County of Suffolk and State of New York, and more fully described in said mortgage, and on which bond .~IXlXlII~ there is now due the sum of TItlRTY TttOUSAI~D AND 00/100 ..... ($30,000 o00) .... dollars, with interest thereon, in consideration of one dollar paid by said party of the second part, and other valuable consideration, the receipt whereof is hereby acknowledged, does hereby extend the time of payment of the principal indebtedness secured by said bond ~11~ and mort- gage so that the same shall be due and payableorl November ~ , 2003, art of the second part meanwhile payinterest on the amount owing on said bond or note PROVIDED, th?~ y .. ,___ 19 73 at the rate of seven & one-half (7 1/2%) from the ..~,e- day of ~lovemoez , , per centum per annum on the ,~'~ay of December, 19 73 , next ensuing and monthly thereafter, and comply with all the other terms of said bond lf, iClfalfe and mortgage as hereby modified. On ,the 0t-~day of November 19 befor~ me · ~ ~rs~nally came GUL2q'I~ER STOTZKY KAYLA B. STOTZKY, his wife, to me known to be the individual 8 described in and who executed the foregoing instrument, and acknowledged that. ,hey ex~cutStJy' sam. 'Noi:ary Public REN$SELAER G TERRY, JR. Notary Public, Stare of New York RG~lding ira Suffolk County No. 52-3954850 My Commission Expires Match 30~ 197,~ STATE Ol~ NEW YORK, COUNTy O1: SUFFOLK On the ~'~y of November 19~3 , before me to m,e known, whoy~{-~' ill/m.e duly sworn, did dg~fand say~:that.~,.~,he resides at No. &l O-~.~. ~ ,/, fi- ; that he is ~'l~ ~£~. ~ of sotrmo , ~e m~oration desc~bed in ~d ~hich ~ecuted the foregoing instrument; that he knows ~e s~l of said corporation; that the seal affixed to ~id instrument is such catalog s~l; that it ~s so affix~ by order of the ~ard of ~~d co~ora- tion, and ~t ~i~d h~ ~ thereto by like order. ~offary Public ~ RENSSELAER G. TERRY, JR. Notary PubJic, State of New York Residing in Suffolk Count)' No. 52- 3954850 My Commission Expires March 30, 197~"' T-3961 TIrL~ No. · xten~ion ~gretment CTIC (~ 73-8-03941 SOUTHOLD SAVINGS BANK On the day of personally came 19 , before me 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 O1: ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and .say that he resides at No. that he is the of , 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 corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. SECTION BLOCK LOT COUNTY OR TOWN TO GU~ITHER STOTZKY and KAYIA B. STOTZKY, his wife THE TITLE GUARANTEE COMPANY Recorded At Request o! Thc Title Guarantee Company RETURN BY MAIL TO: RENSSELAER G. TERRY, Jr. ATTORNEY. AT-~W SOUTHOLD, N. Y. 11971 Zip No. Standard N.Y.B.T.U. Form 8025 * 1-73-10M~Extens~on Agreement. AND the party of the second part, in consideration of the above extension, does hereby assume, covenant and agree to pay said principal sum and interest as above set forth and not before the maturity thereof as the same is hereby extended, and to comply with the other terms of said bond or note and mortgage as hereby modified. AND the party of the second part further covenants with the party of the first part as follows: 1. That the party of the second part will pay the indebtedness as hereinbefore provided. 2. That the party of the second part will keep the buildings on the premises i.ns. ured against loss by fire for the benefi~ of the party of the first part; that he will a.~sig''~ ~,d ,l,I;wr *h, ,~1,0~ t~ *h~ ,,qr~v part; and that he will reimburse the party of the first part i~.- party of the ill'st part'on default of The party of the second, and delivering the policies. 3. That no building on the premises shall be altered, removet~ party of the first part. 4. That the whole of said principal sum and interest shall become 4 part: after default in the payment of any instalment of principal or o! in the payment of any tax, water rate, sewer rent or assessment for th/fy after default after notice and demand either in assigning and delivering tbd ?,,l;~: against loss by fire or in reimbursing the p;/rty of the first part for premiums lyaid ..... '~' inbefore provided; or after default upon request in furnishing a statement of the amoum ~ and whether any offsets or defenses exist against the mortgage debt, as h4reinafter provided. An which has been made payable in instalments at the application of the party of the second ~ or lessee premises shall nevertheless, for the purpose of this paragraph, be deemed due and payable m its entirety on the day the first instalment becomes due or payable or a lien. 5. That the holder of this mortgage, in any action to foreclose it, shall be entitled to the appointment of a receiver. 6. That the party of the second part will pay all taxes, assessments, sewer rents or water rates, and in de- fault thereof, the party of the first part may pay the same. 7. That the party of the second part within five days upon request in person or within ten days upon request by mail will furnish a written statement duly acknowledged of the amount due on this mortgage and whether any offsets or defenses exist against the mortgage debt. 8. That notice and demand or request may be in writing and may be served in person or by mail. 9. That the pa~y of the second part warrants the title to the premises. 10. That the fire insurance policies required by paragraph No. 2 above shall contain the usual extended cover- age endorsement; that in addition thereto the party of the second part, within thirty days after notice and demand, will keep the premises insured against war risk and any other hazard that may reasonably be re- quired by the party of the first part. Ali of the provisions of paragraphs No. 2 and No. 4 above relating to fire insurance and the provisions of Section 254 of the Real Property Law construing the same shall apply to the additional insurance required by this paragraph. 11. That in case of a foreclosure sale, said premises, or so much thereof as may bo affected by said mort- gage, may be sold in one parcel. 12. That if any action or proceeding be commenced (except an action to foreclose said mortgage or to col- lect the debt secnred thereby), to which action or proceeding the party of the first part is made a party, or in which it becomes necessary to defend or uphold the llen of said mortgage, all sums paid by the party of the first part for the expense of any litigation to prosecute or defend the rights and lien created by said mortgage (including reasonable counsel fees), shall be paid by the party of the second part, together with interest there- ou at the rate of six per cent. per annum, and any such sum and the interest thereon shall be a lien on said premises, prior to any right, or title to, interest in or claim upon said premises attaching or accruing subse- quent to the lien of said mortgage, and shall be deemed to be secured by said mortgage. In any action or pro- ceeding to foreclose said mortgage, or to recover or collect the debt secured thereby, the provisions of law respecting the recovering of costs, disbursements and allowances shall prevail unaffected by this covenant. 13. That the party of the second part hereby assigns to the party of the first part the rents, issues and profits of the premises as further security for the payment of said indebtedness, and the party of the second part grants to the party of the first part the right to enter upon the premises for the purpose of collecting the same and to let the premises or any part thereof, and to apply the rents, issues and profits, after payment of all necessary charges and expenses, on account of said indebtedness. This assignment and grant shall continue in effect until said mortgage is paid. The party of the first part hereby waives the right to enter upon said premises for the purpose of collecting said rents, issues and profits and the party of the second part shall be entitled to collect and receive said rents, issues and profits until default under any of the covenants, condi- tions or agreements contained in said mortgage, and agrees to use such rents, issues and profits in payment of principal and interest becoming due on said mortgage and in payment of taxes, assessments, sewer rents, water rates and carrying charges becoming due against said premises, but such right of the party of the second part may be revoked by the party of the first part upon any default, on five days' written notice. The party of the second part will not, without the written consent of the party of the first part, receive or collect rent from any tenant of said premises or any part thereof for a period of more than one month in advance, and in the event of any default under said mortgage will pay monthly in advance to the party of the first part, or to any receiver appointed to collect said rents, issues and profits, the fair and reasonable rental value for the use and occupation of said premises or of such part thereof as may be in the possession of the party of the second part, and upor~ default in any such payment will vacate and surrender the possession of said premises to the party of the first part or to such receiver, and in default thereof may be evicted by summary proceedings. 14. That the whole of said principal sum and the interest shall become due at the option of the party of the first part: (a) after failure to exhibit to the party of the first part, within ten days after demand, receipts showing payment of all taxes, water rates, sewer rents and assessments; or (b) after the actual or threatened alteration, demolition or removal of any building on the premises without the written consent of the party of the first part; or (c) after the assignment of the rents of the premises or any part thereof without the written consent of the party of the first part; or (d) if the buildings on said premises are not maintained in reason- ably good repair; or (e) after failure to comply with any requirement or order or notice of violation of law or ordinance issued by any governmental department claiming jurisdiction over the premises within three months from the issuance thereof; or (f) if on application of the party of the first part two or more fire insurance companies lawfully doing business in the State of New York refuse to issue policies insuring the buildings on the premises; or (g) in the event of the removal, demolition or destruction in whole or in part of any of the fixtures, chattels or articles of personal property covered hereby, unless the same are promptly replaced by similar fixtures, chattels and articles of personal property at least equal in quality and condition to those replaced, free from chattel mortgages or other encumbrances thereon and free from any reservation of title thereto; or (h) after thirty days' notice to the party of the second part, in the event of the passage of any law deducting from the value of land for the purposes of taxation any lien thereon, or changing in any way the taxation of mortgages or debts secured thereby for state or local purposes; or (i) if the party of the second part fails to keep, observe and perform any of the covenants, conditions or agreements contained in said mortgage or in this agreement. 15. That the lien of said mortgage~{~rhereby extended so as to cover all fixtures, chattels and articles of per- sonal property now or hereafter attached to or used in connection with said premises, including but not limited to furnaces, boilers, oil burners, radiators and piping, coal stokers, plumbing and bathroom fixtures, refriger- ation, air conditioning and sprinkler systems, wash-tubs, sinks, gas and electric fixtures, stoves, ranges, awnings, screens, window shades, elevators, motors, dynamos, refrigerators, kitchen cabinets, incinerators, plants and shrubbery and all other equipment and machinery, appliances, fittings, and fixtures of every kind in or used in the operation of the buildings standing on said premises, together with any and all repIacements thereof and additions thereto· 16. That the party of the second part does hereby assign to the party of the first part all awards heretofore and hereafter made to the party of the second part for taking by eminent domain the whole or any part of said premises or any easement therein, including any awards for changes of grade of streets, which said awards are hereby assigned to the party of the first part, who is hereby authorized to collect and receive the proceeds of such awards and to give proper receipts and acquittances therefor, and to apply the same toward the payment of the mortgage debt, notwithstanding the fact that the amount owing thereon may not then be due and pay- able; and the said party of the second part hereby agrees, upon request, to make, execute and deliver any and all assignments and other instruments sufficient for the purpose of assigning said awards to the party of the first part, free, dear and discharged of any encumbrances of any kind or nature whatsoever. 17. That the party of the second part is now the owner of the premises upon which said mortgage is a valid lien for the amount above specified with interest thereon at the rate above set forth, and that there are no defenses or offsets to said mortgage or to the debt which it secures. 18. That the principal and interest hereby agreed to be paid shall be a lien on the mortgaged premises and be secured by said bond or note and mortgage, and that when the terms and provisions contained in said bond or note and mortgage in any way conflict with the terms and provisions contained in this agreement, the terms and provisions herein contained shall prevail, and that as modified by this agreement the said bond or note and mortgage are hereby ratified and confirmed. 19. It is understood and agreed _tl~t the party of the second part will pay the sM of $209.77 on the/5--Y~' day of December, 1973, and the s'em of $209.77 monthly thereafter, said sums. to be ap_pi.led fir.s~, to the payment of interest and the rmmainder to reduction o~ t~.e .unpa.~a balance of the principal sum. And it is further expressly agreed that in addi- tion to the monthly payments of principal and interest payable as here- tnbefore provideds the oblig~rs will pay to the obligee at the time of said monthly payments of principal and interest.one-twelfth of the total annual taxes upon the mortgaged premises,as estimated by the obligee. If the aforesaid sum is found to be insufficient to fully pay at any time IIsaid taxes or the tax reserve in the opinion of the obligee is ient, the obligors agree to pay such deficiency imediately upon demand, in default whereof prior to the due date of the next such payment, the whole of the principal sum remaining unpaid and accrued interest shall, at the option of the obligee,i~ediately become due and payable. All such funds shall be held in a trust account for the payment of said taxes as they fall due. Prepayment of the principal balance may be made without penalty or restriction after three years from date hereofl Prepayment of any amount may be made during the first three years by paying a penalty of 90 days' interest on the amount prepaid. At the option of the party ef the first paxt,the party of the se_cond part will Day a "late charge" not exceedins four (4%) per centum of any installmen~ w.hen paid more than fi~t%pn (%,5) ~a. ys after the due date thereof to cover the extra expense in~%~4 ~tl%~,h~zidl~ng~del~nquent payments. In the event of a default under thi~..mortgag~,and if the mortgaged premises shall be abandoned or vacated by the part7 of the second part,or any successors in title, the party of the first part shall be entitled to take possession of the premises to )rotect and conserve its security. This agreement may not be changed or terminated orally. The covenants contained in this agreement shall run with the land and bind the party of the second part, the heirs, personal representatives, successors and assigns of the party of the second part and all subsequent owners, encumbrancers, tenants and sub-tenants of the premises, and shall enure to the benefit of the party of the first part, the personal representatives, successors and assigns of the party of the first part and all subgequent holders o£ this mortg.age. The word "part3?' shall be construed as if ~t reads "parties" whenever the sense of this agreement so reqmres. IN WITNESS WHF.-REOF, this agreement has been duly executed by the parties hereto the day and year above written SOUTHOLD SAVINGS BANK (Kayla Meeting Date: Jan. 12, 1989 Appeal No. 3820 Members Absent, if any: Applicants: Gunter & Kayla Stotzky Relief requested and I'ocation: Construct addition at rear of existing dwelling with an insufficient rearyard setback Osprey Nest Rd. Charles Serge James Gerard Joseph Greenport 35-6-33 Grigonis Doyen Dinizio, Jr .Goeh ringer Sawicki Resolution made by: Seconded by: ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ( ) ACTION: ( ) Approve as applied ( ) Deny as applied ( ) Deny without prejudice ( ) Deny ( ) ( ) ( ] Subject to County Planning Referral ( ) Subject to Planning Board approval ( } Subject to D.E.C. Withdrawn ;Vithout Prejudice as requested Approve with the following Conditions: [I] [2] · [ 3] [4] ( ) (x] [ ] This Variance is temporary for a maximum period Specia~ Exception criteria apph(Of two years, EXCEPT Prior appHcation conditions appHcal[ ] where the pr~eosed subdivision has been finalized by all agencies and the parcels have been transferred by deed or other legal conveyance to reflect the subdivi- sion lines accordingly. [ ] a building permit has been properly issued and construction commenced within this limited two-year period. NOTES: VOTE OF THE BOARD: Ayes: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS Nays: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS Abstain: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS Absent: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS Resolution was passed: ( ) unanimously Resolution was not passed: ( ). This application was recessed until ( ] by majority vote I~o o AGE NEW Woodland SEAS. IMP. q/oo :F'I ~ ,~' NORMAL VL FARM TOTAL DATE ~'o o ~. ///~//~ ~ ~,~ .¢//~/ BUILDING CONDITION BELOW ABOVE Value Per Vcdue Acm COMiVL CB. MICS. Mkt. Value ~RKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK TO~'~rN OF SOUTHOLD, NEW YOBK .. * ACTION OF TIlE ZONING BOARD OF APPEALS DATE Appeal No. ~ Dated ACTION OF THC ZONING BOARD OF APPEAI~ OF THE TOWN OF SO~O~ Appellant at a mectipg of the Zoning Board of AppeaL~ on ~'~, ~ d~O. ~l,eJ~,~ the appeal was considered and the action indicated below was taken on your P~equest for variance due to lack of tcce~s to property Request fur a special except/om under the Zoning Ordinance Reques~ for a variance to the Zoning Ordinance 1. SPECJAL EXOEP'r~oN. By resolution of the Board it.was determined that a special except/on ( ) be granted ( ) be denied ~u~rsuant to Article ....... Section .......... Subsection __ paragraph ....................... of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 2. VARIANCE. B~ resolutio~ of the Board i$ was determined that fa). Strict application of the Ordinance (would) (would not) produce practical dffflcult4ez or unnec- essary hardship because th) The hard~xip created (is) (is not) unique and (woald) (would not) be shared by all propexties alike in the Immediate vicinity of this property and in the same use district because (c) The varfance (does) (does not) observe the spirit of thc Ordinance and (would) change the character of the distxlct bec~mso (would not) and therefore, it was further determ/ned that the requested vari/mce ( ) be granted ( ) be denied and that the pre~vious decisions of the Building Ins,pector ( ) be confirmed ( ) be reversed. FORM ZB4 Z(FNING BOARD OF APPEALS · &rbaz'a C. Dtttnnnn,' ~oc~otary foot fzom the highly PrOlmZty 11oo. ~he Board points out thLa JJ & self lmp0eed hazdShAp, b hLld~ng exLstod An tim pzeoent Zoeatiou a~ the tam of tho purchase of the ~.~mzty. Xt ~m the oplnlm of the Md of Appea]J thm~ to i~zmL~ tho ume of thJ~ oM foot from the hLghuay property XlnOo locited m the cut sSdo of CMptsy lest Bold, lot nunber S Ln CZeavel lq:~ut, 8ectlcm Z, ezoeaport, lieu BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petitio_0 of : to the Board of Appeals of the Town of Southold : TO: NOTICE ?o ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. T~intention of the undersigned to petition the Board of Appeals of the Town of Southold ) to request (a~ariance)~Special Exception) (Special Permit) (Other) ]circle choice] ) ). 2. That the property which is the subject of the Petitio~is..Iocated adjacent to your prqperty and is des- cribed as follows: ~ f,'~r,,~.~, /-~,/L~ /(./~, ,/D~)~) ~--~'7~,o '~-~ /~c-/K'~ ~7~_g..~ 3. That the property which is the subject of such Petition is located in the following zoning district: 4 That b~ such Petition, the undersigned will request the following relief: ~___---Ofl.~7~U. CK ~-~ 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Art/cie ~ Section [ ] Section 280-7~, New York Town Law for approval of access over right(s)-of-way. 6. That within five da~s 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 may then and there examine the same during regular office hours. (516) 7~'5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be.heard at such hearing. Petitioner N ames'~ ~ Owners' . ~ ~_~ Post Office Address Tel. No. (~) ~$3-0~ [Copy of sketch or plan showing proposal to be attached for convenience purposes.] P 012 608 052 RECEIPT FOR CERTIFIED MAIL IP 012 6D& 079 RECEIPT FOR CERTIFIED MAIL (See Reverse) p 012 6B8 07& FOR CERTIFIED MAIL NOT FOR INTERNATIONAL MA~L (See Reverse) PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS tSTMARK OF Ins. Limit lVol Customer Copy lion on Reverse STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: ~ %/'¢~1~ ~ ~ . being duly sworn, deposes and says that on the ~ day of ~~ , 19 ~ , 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 thor respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current~ssessment roll of the Town of Somhold; that said Notices were mailed at the United States Post Of- rice at ~T~L~ / ~ ~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. ~~~ Sworn~before me this ~ ~//~//~ ( ~ot~ry Public ( Term ~r~ ~31.19~ (This side does not have to be completed on form transmitted to adjoining property owners.) Legal Notices NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to~ction 267 of the Town J.,~and the Code of thc 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 THURSDAY, JANUARY 12, 1989. at the following time~: 7:32 p.m, AppL No, 3809 -- STEPHI~ AND DOKNA GR2~SIX. erty: 62215 (309) Noah Road, District 1000, Section 40, Block 1, Lot 3. 7:35 p.m. AppL No. 3810 -- sure(s) in the frontyard area. Lorn- (#16705) Main Road, East Marion, enue, Mattituck, NY; County Tax Property: Westerly Side of llennett Location of Pro. ny: East Side of Osprey Nest Road, Oree~port, NY; Section 35. Block 6, Lot 33. HOWARO LVCi~/AUCE tWSSm Special Exception to th~ Z~ming lish car dealership (and sign) ' this B-1 General Business Z~ Distri ,~ argon of Propert west ~l~f Horton', Lan Southo,,[~l'4y; County Tax Mi District 1000, Section 59, Blo~ 3, Lot 32.1. 8:00 p.m. Appl. No. 3912 PETER AND JANICE STEIL. Van ance to thc Zoning Ordinance, Al tide IH, Section 100-32 for per mission to locate accessor, swimmingpool in the frontyar{ ama. Location of Property: Esl End Road, Fisher~ Island, NY', County Tax Map District 1000 Section 5, Block 2, Lot 7.4. g:03 p.m. Appl. No. 3815 - ALFRED FALKOWSKI. Varianc~ t{ the Zoning Ordinance, Article IX, Section 100-93, Bulk Schedule, fo~ permission to locate new prln~ipol building in this C-I General Industrial Zone District with ~n insuffici~t frontyard setback, Lo- cation of Property: 8595 Cox L~e and South Side of Oregon Road, Cutchogue, NY; County Tax M~p District 1000, Section 83, Block 3, Lot 4.6. g:05 p.m. Appl. No. 3814 -- RYCK KOKE, V,riance to the Zoning Ordinance, Article ~I, Section 100-32 for approval of accessory swimming pool with fence enclosure in the sideyard ama. Loc~fion of Property: 245 Kimbedy Lane, Southold, NY; Paradise By the Bay Subdivisi~m Lot No. 2; County Tax Map District 1000, Section 70, Blodt 13, L~ 20.2. g:10 p.m. AppI. No. 3806 -- DORIS PRICE MOELU~ FOSTEIL Varianc~ to the Zoning Ordinance, Article Ill, Section 100-31 for ap- proval of insufficient lot width (frontage) of proposod Parcel No. I in this pending Minor Subdivi- sion. Location of Property: West Side of Little Neck Road, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 9, L~ 13. g:15 p.m. JOSEPH AND BETFY HARDY. Location of Property: South Side of Main Road, Matti- tuck, NY; County Tax Map District 1000, Section 114, Block I1, Lot 5: (a) Appl. No. 3747 -- Speolai Exception to the Zoning Ordi- nance, Article VIII, Section 1~0- gOB, for permission to construct wholesale storage building, acc~- sory to plumbing use; and (b) Appl, No. 3746 -- Variance to the Zoning Ordinance, llolk Schedule, Article VHI, Section 100-81, for permission to con- struct wholesale storage building for plumbing business use. 8:25 p,m, AppL No. 3810 -- WILLIAM L BAXTER, ~R. Spe~l Exception to the Zoning OMi- n~ce, Article XIH, S~ction 100- 80B for permission to utiliz~ ex- 100-70B for permission to e~b-' ~ ' ~'seml~ly a'~l manufacture of-~i~-~' STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Christina Contento ofMattituck, ln said County, being duly sworn, says that he/she ts Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in tho Town of Southeld, County of Suffolk and State of New York, and that the Notice of,which the annexed ts a printed copy, has been regularly publtshed in said Newspaper once each week for 3_ weeks successively, commencing on the $ _ day of January 19 89 / .:,. Principal Clerk Swom to be~'O~e me thts , ~ ' , '~t~ 'ewYork ,, -.~ , NOTARY PUB~C, ,-. ~ . .. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN. pursuant to Section 267 of the Town Law and the Code of the Town of Southold, d~e lbllowing hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS al a Regular Meeting, at the Southold Town Hall, Main Road, Southold, N.Y. 11971, on THURSDAY, JANUARY 12, 1989, at the following times: 7:32 p.m. Appl. NO. 3809-- STEPHEN AND DONNA GRZESIK. Variance to the Zon- ing Ordinance, Article II1, Sec- tion 100-31, for permission to construct addition to dwelling with an insufficient rearyard set- back. Location of Property: 62215 (309) North Road, Green- port, N.Y.; County Tax Map Dis- trict 1000, Section 40, Block 1, Lot 3. 7:35 p,m. AppL No. 3810- ANTHONY AND ROSE- ,4 a, RY BOL LET[NO. Variance ;lng Ordinance, Arti- Section 100-32 for per- mix ,~on to locate accessory (en- his court, sv, imming pool, and t'ence enclosure{s} in the front- .,ard area. Local;on of Proper- O: Norlh Side (gl6705} Main Road, East Marion, NN.; Coun- t> Tax Map Districl 1000, Sec- tion 23, Block 1, Lot 14.6. 7:38 paa. Appl. No. 3817- DORIS K. BROWN. Variance to dte Zoning Ordinance, Arti- ~.~- dc Ill. Section 100-32 for per- mission to locate accessory ' building in the frontyard area. Location of Property: Private Right-of-Way located off the north side of Bergen Avenue, Mattituck, N.Y.; County Tax Map District 1000, Section 112, Block I, Lot 17. 7:43 p.m. Appl. No. 3816- WILLIAM AND THERESA PARK. Variance tO the Zoning Ordinance, Article Ill, Section 100-32, for approval of addition to accessory building with insuf- ficient setbacks from property lines. Location of Property: Westerly side of Bennett Lane and the South side of Pine Neck Road, Southold, N.Y.; County Tax Map District 1000, Section GU'Block 9, Lot I.~.~ 7:48 p.m. Appl. No. 3820--[ NTHER AND KAYLAI STOTZKY. Variance tO the Zon- ing Ordinance, Article Ill, Sec- tion 100-31, for permission to construct addition at rear of existing dwelling with an insuf- ficient rearyard setback. Loca- tion of Property: East Side oi' Osprey Nest Road, Greenport, N.Y.; County Tax Map District 1000, Sec. 35, Block 6, Lol 3~_3. j 7:53 p.m. Appl. No. 3802~''1 "~IOWA R D LUCAS/ALICE COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ....................... /.... weeks successively, commencing on the ...................... day of .~ ..... , 19 .~..7.. ~ Sworn to before me this ........ ~..d. 04 ......... day of ......~ ....... 19 fi7 Notary Public BARBARA A. SCHNEIDER NOTARY P/jL~LIC, Stat(', o( New York Il0. 4806846 Qualifi d in Suffolk Coun~ Comnt~ss:or~ Expires ;<