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Home My WebLink About5148 • • 11/4111/o, Za era 4 x'11 1 W/s e.&i s /s 143.C,•UiG 074,9, 40.3. o1aSv- AO.2 • ht 0ZSYS P<l 4/'s1/7P .0/ i v/d 6" 190,00-EV 4l et,/ /.VSGG/F. /9-€09 v (,/to-rat 6 /70 ! ,i//..e e.. ' / .'I. H. i/ /0041- %iiria.Lekt. Gv/ _G yl o APPEALS BOARD MEMBERS ,,��,oti ofFO(,f'00 Co , O Southold Town Hall Gerard P. Goehringer, Chairman '_ d • 53095 Main Road Lydia A. Tortora y Z P.O.Box 1179 George Horning Southold,New York 11971-0959 Ruth D. Oliva y,� ,zt. toy ZBA Fax(631)765-9064 Vincent Orlando Ol * 47"',, Telephone(631)765-1809 ... s'' ' - http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF OCTOBER 3, 2002 Appl. No. 5148— RONALD WINKLER, GAIL DOROSKI 1000-67-4-20.3 and 20.4 (combined) STREET & LOCATION: 110 Second Avenue and Butris Avenue, Peconic, at Peconic Shores DATE OF PUBLIC HEARING: August 22, 2002 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicants' property is vacant land located on the south side of Second Avenue and the east side of Huntington Boulevard, in Peconic. Along the east side of the property is Butris Avenue, a private unimproved road. The parcel consists of combined lots 109, 110, 78, and 79 on the Map of Peconic Shores, filed 9/13/1930 in the Suffolk County Clerk's Office as Map No. 654. For reference with the Suffolk County Tax Map, the property is identified as CTM 20.4, for Peconic Shores#78 and#79; CTM 20.3 for Peconic Shores#109 and#110. The vacant lot under this Waiver to Unmerge Request consists of 18,895 square feet of land area, proposed to remain unmerged from CTM 20.2, referred to as Peconic Shores#106 and #107. BASIS OF APPLICATION: Building Department's March 1, 2002 Notice of Disapproval, amended March 13, 2002, which stated that County Tax Lots 20.5 merged with 20.3 and 20.4 under Section 100-25 of the Merger Law. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 22, 2002, at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. APPLICANT'S REQUEST: Applicant requests a Waiver of Merger, pursuant to Article II, Section 100-26, to unmerge Parcel 67-4-20.3 and 20.4, from the adjacent land referred to as CTM Parcel 20.2 (of Doroski). FINDINGS OF FACT The Zoning Board of Appeals held a public hearingon this matter on August 19, 2002, at which time written and oral evidence were presented. Based'on all testimony, documentation, personal observations of members of the board, and other evidence, the Zoning Board finds the following facts to be true and relevant: - - REASONS FOR BOARD ACTION: Based on all testimony, documentation, personal observations by members of the board, and other evidence, the Zoning Board finds the following facts to be true }Page 2—October 3, 2002 ZBA Appl. No. 5148—R.Winkler 411. Parcel 1000-67-4-20.3 and 20.4 at Peconic and relevant. 1. The title search, prepared by Commonwealth Land Title Insurance Company indicates that Ronald Winkler purchased Lots 20.3 and 20.4 on 6-25-87 and 2-12-98 respectively. Lot 20.5 has been held in ownership by Gail Doroski since 5-5-86. 2. Since May 1986 the three vacant lots (20.3, 20.4, and 20.5) have been held in single and separate ownership and are the subject of this application for a waiver of merger. 3. Mr. Winkler would like to sell lots 20.3 and 20.4 (to Mr. Kraus) but cannot until a waiver of merger is granted separating lots 20.3 and 20.4, from 20.5. 4. In granting this merger, lots 20.3 and 20.4 would be larger than most of the surrounding lots which are about 50 feet wide. The prospective buyer intends to build a single-family home on both lots 20.3 and 20.4. Lot 20.5 would then be merged with Gail Doroski's lot 20.2. 5. Mr. Kraus has obtained a Trustees permit and a letter of non jurisdiction from the Army Corp of Engineers. Mr. Kraus's application to the DEC and the SCDHS are on hold until the merger issue is resolved. 6. Grant of the merger would recognize a lot that would be larger than most of the lots in the area. This lot would contain 18,895 square feet. RESOLUTION/ACTION OF THE BOARD: In considering all of the above factors, and applying the balancing test under New York Town Law, motion was offered,by Member'Oliva, seconded by Chairman Goehringer, and duly carried, to GRANT the requested Waiver of Merger as applied for, with the condition that County Tax Map Lot 20.5 will merge with County Tax Map Lot 20.2. This action does not authorize or condone any current or future use, setback or other feature of the subject property that violates the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of t-"Fie Bard:_�4 es b 1Vman)gin, - ortor-, a •.7a. This Resolution • was duly ii613� 5(* 15" Tic. ThE SOUTI- C TOWNC,,, GG:RO 1 �` r :Uv� „,� In 1��` � `�' .5„.rd P. Go-hriner A pprove for Filing / Town Cisylr., Town of 2outhold . SID % NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, AUGUST 22, 2002 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, AUGUST 22, 2002, at the time noted below (or as soon thereafter as may be possible): 7:10 pm Appl. No. 5148 - RONALD WINKLER, ELLIOTT STONE, GAIL DOROSKI. This is a request for a Waiver under Section 100-26 to unmerge a vacant lot referred to as Parcel 67-4-20.5 of 7,320 sq. ft., from a merged parcel of 18,895 sq. ft., referred to as No. 67-4- 20! and 20.3 (combined as one). The property is located at Peconic Shores. Location of Property: 110 Second Avenue and Butris Avenue, Peconic; Parcel Nos. 67-4-20.5, 20.3, 20.4. The Board of Appeals will hear all persons, or their representative, desiring to be heard at the hearing, or desiring to submit written statements before the conclusion of this hearing. This hearing will not start earlier than designated. Files are available for review at the Town Hall (between 8 and 3 p.m.) If you have questions, please do not hesitate to call (631) 765-1809. Dated July 23, 2002. SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 /2-a ci" )49-i;II 110 Illit 0.41 11Q1A-rk. FORM NO. 3 6s-o. e, • ('-4)419:.g) NOTICE OF DISAPPROVAL • DATE: March 1, 2002 AMENDED: March 13, 2002 TO: Catherine Mesiano A/C Winkler 12 Mill Pond Lane East Moriches,NY 11940 Please take notice that your application dated February 28, 2002 For permit for waiver of merger at Location of property 110 Second Avenue, Peconic,NY County Tax Map No. 1000 - Section 67 Block 4 Lot 20.3 & 20.4 Is returned herewith and disapproved on the following grounds: The subject lots have merged with adjacent lot (SCTM# 1000-67-4-20.5)pursuant to Article II Section 100-25, which states; "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot, which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty(50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule ref uirements." 410 Authorized Signa ..e Cc: file, Z.B.A. .111• FORM NO. 3 it Ji' MAR 4 32 NOTICE OF DISAPPROVALV�!_ llATE:March 1, 2002 TO: Catherine Mesiano A/C Winkler 12 Mill Pond Lane East Moriches,NY 11940 Please take notice that your application, dated February 28, 2002 For permit for waiver of merger at Location of property: 110 Second Avenue, Peconic County Tax Map No. 1000 - Section 67 Block 4 Lot 20.3 Is returned herewith and disapproved on the following grounds: The subject lot has merged with adjacent an adjacent lot(SCTM# 1000-67-4-20.4)pursuant to Article II Section 100-25 which states; "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty(50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk sche. (s uirements." 1 thorized ign CC: file, Z.B.A. • iVVI'1V ur at/U1riVLL f BUILD. 0411 AYYLILAf1UN C;HECKLIS • BUILDING DEPARTMENT —' Do you nave or need the following,before applying TOWN HALL •: Board of Health SOUTHOLD,NY 11971 3 sets of Building Plans TEL: 765-1802 Survey PERMIT NO. • Check • ' Septic Form N.Y.S.D.E.C. Trustees Examined ,20 • . Contact: _8—1 0 —2 ci 5 • Approved ,20 • • MCATHERINE MESIANO, INC. Disapproved a/c 12 MILL POND LANE Phone: E. I ' ' , ' • I- 22 Building Inspector F-40.1 11 LP, APPLICATION FOR BUILDING PERMIT 2 8 2002 i,`.. €�� ► Date 2 Z7 , 200 2, 1---• • INSTRUCTIONS t ' a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupan is issued by the Building Inspector. • APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk,County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. • • • (Signature of a licant or name, if a corporation) • • /2 Xi/ . Fizekv-cie, (Mailing address of applicant)/')y11,qv, • State whether applicant is owner, lesse-, agent, chitect,engineer, general contractor, electrician, plumber or builder Name of owner of premises 1 on & d >� e,' a � li��.� �a•J °Lc=,r-74_,„ (as on the tax roll or latest'deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) •• Builders License No. • Plumbers License No. • Electricians License No. . • Other Trade's License No. • . 1. Location of land on which proposed wor will be done: ev 9O l ' House Number S . Hamlet County Tax Map No. 1000 Section (� 7 • Block Lot 02 0' 3 a 0 Subdivision Filed Map No. Lot (Name) • • • n '.. State existing use and ��occu ancf _ P vises and intended use and Occup. )roposed construction: a. Existing use and occupa A" b. Intended use and occupancy Nature of work (check which applicable): New Building. Addition Alteration Repair Removal Demolition Other Work Estimated Cost (Description) Fee If dwelling, number of dwellingunits (to be paid on filing this application) Number of dwelling units on each floor If garage, number of cars If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front Rear Height Number of Stories Depth Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories Dimensions of entire new construction: Front Rear Height Number of Stories Depth Size of lot: Front Rear Depth ). Date of Purchase Name of Former Owner . Zone or use district in which premises are situated Does proposed construction violate any zoning law, ordinance or regulation: Will lot be re-graded Will excess fill be removed from premises: YES NO G. Names of Owner of premises Address Name of Architect Phone No. Address Phone No Name of Contractor Address Phone No. . Is this property within 100 feet of a tidal wetland? *YES NO • IF YES, SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQUIRED . Provide survey, to scale, with accurate foundation plan and distances to property lines. . If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. ATE OF NEW YORK) �. )LINTY / O i 44, (/ being duly sworn, deposes and says that(s)he is the applicant (Na- e of individual signing contract) above named, He is the (Cofactor, Agent, Corporate Officer, etc.) ;aid owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; t all statements contained in this application are true to the best of his knowledge and belief; and that the work will be formed in the manner set forth in the application filed therewith. orn to before me th" c day of ':111A._A. 2OC)n. ' )iiyuir\Lil_S)/\ it otary Pub is Signature of Applicant JENNIFER LYN OBRIEN Notary Public,State of New York No.01066061933 Suffolk County Commission Expires 07/23/20. -, 3/ A. . LICATION FOR WAIVER UNDER SECTION 100-26 This review is for lots which have separate deeds recorded prior to 1983 and- undersized . A merger determination has been issued by the Town Building Inspector ( copy attached) .. The zoning of my parcel is presently: R-40 The size requirement for this zone is : 40,000 square feet per parcel'. County Tax Map Parcel Nos : 1000-67-420.3&20.4 have merged with SCTM# 1000-67-4-20.5 I (we ) ' Ronal Winklerand Gail Doroski a s owners o f t h e contiguous tots sown on the attached deeds , request a review determination by the Board of Appeals to determine whether or not -,these parcels qualify for a "waiver" -under the merger provisions of Article II , Section 100-26 of the Southold Town Zoning Code . I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination : RECEIvED 1 . Copies of my recent tax bill for both (all ) lots . 2 . Copies of deeds dated prior to June 30 , 1983 for all lots . MAY 1 0 2002 3 . Copies of current deeds of the parcels under review. Southold TownClerk 4 . Copy of the current County Tax Map for my neighborhood . 5 . $ 150 . 00 application check which is not refundable if this waiver is denied . I understand that if an unfavorable waiver action is issued by the Town of Southold , that I reserve the right to file for a subdivision and , if necessary , area variances under the usual procedure . By making this application , I hold the Town of Southold free and harmless from any and all claims and iability resulting from the issuance of a waiver . x,e,a-e_ ( p scant and Owner ) Ronald Winkler • (Applicant and Owner ) Sworn to before me this Gail Doroski , J1-2.3 day of April , xi/S21102. LOUIS SANDBERG /1 / Notary Public,State of New York tar y :u 1 i c IT:Ti O1SA5037933 Qualified in New York County Commission Expires January 17, 20'0.2 A Waiver is hereby approved denied (delete appropriate action ) based upon the above documentation . Issued by Reasons for application ( to continue on next page). zbata.w1295 / ,L,-- ,a 7__ �� o,zy ''WN OF SOU11+!,.L A ETI " RECORD CARD 4- 3 OWNER ' - I STREET 5-9:_,5- VILLAGE DISTRICT SUB. LOT /cs6 /, a;� �.)Jr- - 1-r : R() j iv 'Z -r -4.....e— ' 7 41,,-...._,,,,,L j..-Y , --*-:)._ FORMER OWNER N E ACREAGE c. /1-1 V P 5 S W TYPE OF BUILDING �,yZ//,`"--- !/,4 /�/u do RES. SEAS. 116,0 VL. C FARM COMM. IND. CB. MISC. ',AND IMP. TOTAL DATE REMARKS ,7 r - 11,,t, c2w-,z.... (PI, de_, ,c, . r 1 sj l i A.,- 4 i .2.-4 , a—. r�% .1.. tse- . V (.O 6-6-6 A - �5 ; 3 - / 15' 9 2 ° 'l dS �°,'P'.°7 O 7 �' f S9 P_ 1(1 .��`,., • . /7t/ a —/Q r' ..(.1.3gd;AS 3 2.. t-11 .776-r1 / ci5/5/6. .- . 1 0075-4-..D10 3G4:3 •eTo - .5 ',(;f - r�4 - AGE BUILDING CON ITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value e 1 .„.,> Ti Tiluaole 2 //9-rte Tillable, 3 /147/Z5 ` Woodland Swampland Brushland House t Plo �� Total • •; --' - .... • ....., 1 • -,, ' -,;•:„A.: - . •;4)44.r.,..• • • i I ' ''' ..V..•''`. k . ,'.,W I i N...2.:i.t; ..!.•,,„f A, :;#6,:it • • ' • ''..'' ,e''.•. .''':41,;; „, -...' *k r =s ''' 1 ":••,4t-4a4 • I • 1 44,r4a: •.'',. .,-' x ‘,,,,bv„,,,,`,:3','fi7iNlikr-x . - -; „ A •`:,:-24'=:e-;,-„Ft‘c.',',,,...„.,!,,.,, !„;1,,,:r t.-',1,,,94,..=.,-,--..; I =Ili!' .i.,..,,, -;,:e,-:--_ , ,--,, -.-• .‘-'-- = r-,-- i , - ' I ial......J.=--.-7* .1 4 F- .. • 1. -. -44.4.4=4,-.1474F..7-. 41,--.44-•...-•44\‘•''• 7.4. 7."" c.-..,,---,.....,1k-Wt,,-,4-,,,F., ,A., ,-%%•,1•14:"." -t.;;-•••,..,1:7-VZO-- , • :1-- ,....„,,,,,,,N,.--•--*,',;,,_„,,,,,,."4:.>:•,... ,40*717,A..._t•-•'„,'''''''..,,,--'44"6:-'!"'- ---='1'7,•-. 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Walls AA--.•-•-•-u-%.C t . : Heat <tension • Fire Place K 0 l, • • Attic <tensin Porch 9 2r Irig -' evic) ..A: / c, .-3,-' ) '` K - f 9 .7-,,) •-T g g , ,,,,,, ,‘ - 2,5 Patio Porch Rooms 1st Floor , Rooms 2nd Floor reez y arage Driveway l ). B. I 0 / 4 17 • - 1 - . •-, • ‘ ,„ /4_3,1 -, 6 --.E0.4 r•-•- N .6 * SOUTH • I PROPERTY RECORD CARD // ,3 OWNER STREET 96.,,r, VIL 'GE _ DISTRICT SUB. LOT pe---91 267 •E i V I �° ..-')..{-_ v6) )-70,4,-7-,,,, rvnl &vb. �:� .....k.-, C....-..•�„�,,.- Jam , ...g, � FORMER OWNER N . E • ACREAGE r 't y r 5 DC,Y r?: R 0 2 fr . -Th bRi,;" •/4- )V*5/LE.V S W TYPE OF BUILDING. /iu,,e66,e ,6---4A.4..ci,, RES. SEAS. It VL. r ) C FARM COMM. IND. CB. 1 MISC. ,LAND IMP. TOTAL DATE REMARKS R /6 ( 0 7 3Air 'Y'' 9j _ 2..soro $_u _ .2 4-.7e?: ,A70/ ,‘, _9--e--. 40 ,I,dr 3a 86 / / 1�� 6 G q ri I r r{f _ �Cr-c) / i—�d (617/6� -) fi=9 I47 ~, i` - PPi t --i 4 R.--;\--6-5'fes'r(-71 til-t„) 1 -5 c:i`- L,) gt / •t -Lf CC b )p,576) ,s_ f- --Co ,,k��( t-{ . 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Syd',y �H� yNd0d r S3?1�b �t 0 ?10 dS SbgiQI = b3?�b OI ��4 .lNbdWO� 3�N64nSNI I /.------ 3--— �a�. 31lll QNb� H1�63MNOWW09 .09 QIdNOC[9W Snb?1> N31-Ib •3 10 L ZI aI°H 1sa1 ' - � � 1 --\>°\'A' � � °Ol CI31d11?�30 1 � 1��'� \1��4 L° °�� b'Oz 00Z-17-L9-0001�JN - \''' # XVI ).1Nno0 )--i033n5 to-OI-zI a3JGnNnS yNd��r d�� ' - AN 'ALNfOO ,F-rons 0-41- °\y awl-Linos 'NMOL v' ,\-\-4 ��d kO�\ N. 0, .. � OINOO ' J VfLLIG M yN �d i7G9 'ON —11 H OGk I 'e I Z(R2N J4 G cIa1I! S IO}-}S O I NOO c Z- ON cdVNNl11 N , . Oil V bol 'bL 'QL Gi01 O Ji. Zlfls r ti a. /,,//I/Iii,,, APPEALS BOARD MEMBERS �,• SQFfO(,� 0<0 COG; Southold Town Hall Gerard P. Goehringer, Chairman �'�� yd: 53095 Main Road Lydia A.Tortora y 2 P.O. Box 1179 George Horning /�� Southold,New York 11971-0959 • ZBA Fax(631)765-9064 Ruth D. Oliva ;1'� � i _ '9.( * �� i' Telephone(631)765-1809 � QJ � Vincent Orlando .� P http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD October 18, 2002 Jennifer B. Gould, Esq. P.O. Box 177 Greenport, NY 11944 Re: ZBA Appl. No. 5148 —Winkler Lot Waiver Dear Ms. Gould: Enclosed please find a copy of the Appeals Board's determination rendered at the ZBA Meeting held on October 3, 2002, and issued at this time. Please be sure to follow-up with the Building Department for the next step in this building permit application process. Before commencing any construction activities, a building permit and other agency approvals are necessary. A copy of this determination has been furnished to the Building Department for their permanent records regarding the Notice of Disapproval. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department -TO; Sov-cr�.a�X -Cow." .1 �. Z$ /�lG FQAN,o e...(49-c. "Rogue.: W. Bus1. /�� AUG "U I' g�'s�. -- A 2 2 �2 f I QZ\S +� Q e•COi'C.. N.l. _ f ¢.at. vM Q'MSe.4tS bc -t * sock 'fldgpbK` � °� "�O `'�ov re,�ar�� LaPQ�.cy�C\o � S►4 �t1 �v % (Nnliwalat SZONL. a vt�e� 0. O�� FrO� 1 2.9.°A emkotl- , SQ�e.ap AV . . '"`e'1Q.S t\_ b.* -IVWS � � ' 4tV� gbR��g Q\.�c� _ QhccQ�.�,S CPO �� Cn �`�- Sov�c�►4r� 2c� S SOT. �S.'flocZogX% �� Q c �L 4�. e. S� — Z7 OF �ne.c QcpQ er,,� -'C� .� „ S ck& it b g A [� qS� � C Ogk2 U %vpA- QN,�,�2��. 4` �' S4yS �Cogt� QN�s �ne�� ea �e.A..�. �� `^c.� J.r.e.e.I_ GC'IA- OAA c� `'�'` .t..43\\ VV O v l S ON" ty �"� CO��E�� .`S 1 "�rc� aks.� -two cg� o �s S�Qc.�F @ 2 will.. �6�v c e �S �o � S act o� k. e e � . r`c"tI \e* CSe��4�\p,,�a\t,t II%) �'a(\per. �\ �- oNtell O ,a�, ("4a_ c A r•‘. t%- � Our. �� . ,_. ,_ , `1\4th ` � Q� °ileSa ska .� C)Iils it `�^6•kt�‘a 'a. akkk- ibv,a .\ti, c..,, vo.. ou 9- 5 • �' ��` OF 4 ct .� bvc5 OF �� ` 0 �O�S Q �OMkS %;,4 e‘‘)0% �Ce.,p-� C0.14 -• ®� \\ _ S�`�'�o� Get ow � 14 "k.() clANa a •V‘rli S Ve"T.I.641 te. N,Joull %41,,zt& N %:'oc�oa 4 ak N JM@. \1•10\4 "b.% `;Nit tO s gco l•mwo Q Ds�, 10 eseck4"fi ;� es, TONING BOARD OF APPEAL; Town Hall Office 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Email: Linda.Kowalski(a Town.Southold.ny.us or Paula.Quintieri(a�Town.Southold.nv.us http://southoldtown.northfork.net (631) 765-1809 fax(631) 765-1823 (alt. 9064) TRANSMITTAL To: Jerry, Lydia, George, Ruth, and Vincent er DATE: b / ZL/2002 h o REF: Hearing Date: tr/�Z-/ a2/ Appl. of P�iJ..� i► 1)82e--QJc(,. ( x ) Info attached for your information and review. ` d5I /I -7CCJI-v,. ,Q1-- le dat-11 &a/7 • Thank you. Pages attached: ®r . -116 L : It GLL'd c'w 7 a. `7 ,Ol Fad '"RANSMISSION VERIFICATION REPORT . TIME : 00/22/2002 15:04 DATE,TIME 08/22 15:03 FAX NO. /NAME 4772601 DURATION 00:00:59 PAGE(S) 02 RESULT OK MODE STANDARD ECM 00/22/2002 15:03 6317659064 ZONINGAPPEALSBOARD PAGE 02 (IMGAiL 13:1:4. f,i_ � . "i3ctiA ex. A4Q�ef►45r ';t v-(1.01-4,.. $%Q c. Rb tt w. V llt. `,', 1�UC 2 P%.1 ► favtt.{s,,t. e\,:fte- . d. ! 4 .. ‘t+1.1. "vett0.0. VAstI\42R41.S t' i'e "NM lai Awa-D V .o .at�al4 S%R (,wiwcA` AltM �Ut`a4l;� SCO 'vo`th`` APt.71Za:daba 1%41.41K17 •40,10441611-4V,- ,at deet&� ks� ` l S cs.aa e`tts 't� . Ott. 9kitN kimi4,% ��t ,of a. vee . >>ra fi�.a,1,•%�y :V ao� �,, �► C�.+ttts t.''1.. �'°t"�'��S � qt ty � 4.844.9... d� �r • MS'�►oQ.o3X� �4g @kae0.S> q �� .„� +ire. �. , ` a��e' '� -�w' sals�� a60.w r QOM rt - 'b�sp �er Wo4-�i i. (Z tAtl& *44614.) sx.A.40,-4.41- "ANN-% 441.4.4r4_ o.t.a_ 04.kr....A 4440 ‘1454.44.5 It+t4..tli1.6 ..._______\ ......._. ..._______ tir.le.bucettaa "%s �a.Ft `^°DS Wg., ti►+kvt- \Nav to trt a A,..,�, a toq P Q ,� 'tt �ut%4 at.) pct �4 4‘Ciw Q'' a0.. aut.. $ °�*� Qui��, .� 30, a.'� q�� tt it 1P tSa' S to `14 ,�, Isf" AS •w1 6%10- ke:/ctie &ct. aq.) as A �a ea 'tcstt.wpLv� . ��,k��, Wo p �` It, o 0.W a<<r.�Rc4,� � ��tv�,s Vk.r‘c�.,Cr�,, R. C.owrtt�� + & �. , .4 Zz '0Zhla'-li- vk Ronald M. Winkler, CPA O')n /gyp no Ste• 345 Seventh Ave., 21st Fl. New York, NY 10001 (212) 947-2000 Fax (212) 947-8827 E-mail: winkco@aol.com MEMORANDUM To: Southold Town Board of Appeals From: ,Ronald M. Winkler, CP• ' Re: \ Appl.No. 5148 / / Date: August 13, 2002 I am one of the owners of the two vacant lots known as 67-4-20.3 and 67-4-20.4. These lots were purchased by myself and an associate in 1987 from Gail Doroski and Gary Doroski. It was represented to us at that time, through our lawyer, that these properties had existing-separate building permits. We purchased these properties with the hope of building two separate houses on them at some time in the future. Due to a variety of circumstances, including a downturn in the economy and other family responsibilities, we did not proceed with the development and the properties remain vacant at this time. During early 2001, we were approached directly by Allen Kraus, who expressed an interest in the two separate lots,with the intent to combine them for the purpose of building a house for his family. Subsequent to negotiations we were able to reach an agreement with Mr. Kraus, who informed us that he would be willing to buy the properties, but only subject to obtaining the necessary building permits. It is now at this point that we approach your Board. It should be noted that despite our ongoing efforts to maintain these vacant lots, the property is used as a dumping ground; thus, it is not an asset to the neighborhood in its present condition. Alternatively, the construction of a single family dwelling would make productive use of the property, eliminate the dumping problem, and provide a benefit to the surrounding community. Furthermore, the construction of a single family dwelling would be in keeping with the character of the neighborhood, and should not create any adverse impact on the area or nearby and adjacent properties. Additionally the construction of only one dwelling, rather than the two dwellings that were originally contemplated is development of a lesser scope that has less potential impact on both the environment and surrounding properties. I r • Finally,my co-owners and I will suffer extreme economic hardship if there is no possibility of obtaining building permits for our property. For the reasons set forth above, I respectfully request that your Board grant the waiver of merger. Thank you for your consideration. H:\Brenda\lipropRevised wpd 6 AY e( 663,,d- iqx),A NpN c` `• N 1 )1 - '() ..sL Q.) 111\1\ AUG 2 0 32 1IAugust 20, 20i .__I To: Southold Town Board of Appeals From: Sara and David Evans, 230 Second Avenue, Peconic, NY 11958 Re: Application 5148/Ronald Winkler, Elliott Stone and Gail Doroski We wish to go on record in the above matter. We believe the Town should sustain its original decision to deny waiver of merger of the properties under consideration in the above application. Our conviction that these vacant lots should not be merged is neither capricious not selfish. It is based on empirical and unfortunate past experience. When the most recent dwelling at 105 Second Avenue was under construction, the drainage pipe that runs between Autumn Pond and Goldsmith Inlet was completely shattered. The road was flooded and impassible for over three months. Due to this situation, there was no drainage between the pond and the inlet for months, causing Autumn Pond to stagnate. The renewal of over 100 yards of pipeline undertaken by the county in July 2001 was expensive and lengthy. The proposed construction of the Kraus dwelling will necessitate the use of heavy vehicles, and will likely destroy the renewed pipeline, causing flooding and stagnation to occur again. The building envelope of the proposed Kraus dwelling seems to be less than 75 feet from the wetland delineation of Autumn Pond, an important freshwater resource. This pond, the drainage system and its health, are critical to the ecological balance of a large cachement area. Wetland protection, water quality and the sufficiency of potable water are ongoing concerns in this community. We therefore strongly urge the Southold Town Board of Appeals to deny this application. FROM : GANDE & ASSOCIATES, Inc.400 FAX NO. : 1-516-883-3222 41110Au9. 20 2002 11:42AM P1 J 1/ \ MR. St MRS. STSP EEN J. MRANDE 445 81-191-15 PLAR7 AUG 2{0,, )2 , ,,i `V\ PECONIC, LOMB ISLAM:), NSW Yp@99G 11958 917-514-2967 �RAN17E A©L.GOM tyi� {_,----� - - - - : teleettt r kind t Southold Zoning ;'oard 53095 Main Road PO Bax 1179 Southold 9 New York 11971-0959 August 20,2002 Re: C3 oscd to ro Deed variance to ?To 1 cr located at burtis PIncc and Second ,even Peconic lots 20.3,20.4, 20 Dear Zoning Board : Pursuant to public notices, regarding hearings related to the above captioned properties we will be out of town and unfortunately cannot attend the hearing therefor via transmission of this message we hereby note our vigorous opposition to the proposed variance requested for the following reasons: - The original intent to combine the lots was a result of the previous owner's request to erect two A frame houses on an adjacent lot 20.2 that was zoned for one structure. The combination of the lots permitted this while maintaining the density requirements in the property space in aggregate. While permitted it is unsightly and creates an increase in traffic to and from the property by virtue of the multiple tenants residing there. To uncouple the parcels would exacerbate this problem in allowing three structures and even more residents in a group of properties that would normally only allow two. This would create a negative impact to quality of life, clean water, septic systems,vegetation and wildlife in the area. We find the current application either silent or evasive of these issues. - Quite simply building a house requires 2 lots(of approx 6,000) sg ft ca. The owner is attempting to overbuild with 3 houses on 5 lots to the detriment of the area, it's neighbors and property value. The properties were merged to avoid this. Peconic Shores 2,we believe is excepted from the higher density building allowed in Peconic Shores 1 which is closer to the Sound. There are no houses in Peconic Shores FROM•a GRAl DE & ASSOCIATES, Inc. . FAX NO. : 1-516-883-3222 Aug. 20 2002 11:43Ah1 P2 • 2 that are built on one lot other than the one described above which we believe was permitted as a result of merging properties. Burtis place in the areas adjacent to this property has already been obstructed, possibly as a result of the building of the 2 A- frame houses,thereby creating a life threatening safety hazard where emergency vehicles(fire and medical) cannot as a result of the obstructions pass through Burtis Place from Fassbender to Second Avenue. This has been brought to the attention of the town, the state and local fire officials and will surely result in a problem should a fire or medical emergency arise in the area. Secondly, it prevents easy access to the Sound by nearby residents. This violation should be remedied and the area made accessible at the expense of the violator. - As we are living adjacent to the property which is proposed for variance we feel the proposed upzonig of density would have a negative impact on our quality of life, property value and generally degrade the rural nature of this wonderful area. - Quite frankly, it's just not right to cluster multiple dwellings in an area where other neighbors adhere to zoning regulations maintaining the quality and character of the area. We again ask that you seriously consider the impact of this proposed change on the area, its residents, and environment. Chronic density upzoning is surely the demise of the North Fork, as concerned residents and officials we should respect zoning requirements, preserve the environment and coastal areas with which we arc blessed. They are just not making anymore. Please stop the overbuilding of the area. We respectfully submit our vigorous opposition to the proposed variance, and regret that we cannot attend the hearing as we are out of town. You are free to contact us at the above number should it be necessary. Sincere iiii Olam. &'Mrs. Stephen 7. e /"" ,''°..... Y �......,,.�-...rr..,. n ti ,sp.�7:diK:. / t ,Gl „ids;{ v�. ,t 9),' I,, , },,,,, 1 0;7/ �” 500 SEVENTH AVENUE \/ / NEW YORK NY 10018-4502 , IP 1/ PHONE 212-575-4413 , FAX 212-382-3439 . StanleyO cina@sterlingbancorP.com . STERLING FACTORS Stanley officina CORPORATION #i� l' IF j y}/J, r J 1`N11 President 4L---irk/70 / ' ., II dr\ 1 AUG 2 1 )2 i., , ! . ti t 1 ) `: %1! August 20, 2002 !,�\L. _�� Board of Trustees Southold Town Clerks Office Southold Town Hall Southold,New York 11971 Re: Town'Board of Appeals Hearing Re: Parcel 67-4-20.5 110 2nd Avenue Peconic,New York To The Board of Trustees: As the new owner of 105 2nd Avenue, Peconic,New York I would like to voice my concern regarding the above-mentioned request to separate two lots from a larger parcel and build a new home on the reduced size lot. The issue I am concerned about is the current lack of adequate drainage on 2nd Avenue from the point of Autumn Lake to my property line. This particular stretch floods during most rainstorms and remains underwater for days thereafter. The hillside proposed for construction is directly opposite my property and this area of flooding, and I would like the board to consider the potential impact this may have on an area already predisposed to poor drainage and flooding. Very truly yours, //76,- ,e/f"--- __,.. - ', Stanl y Of Mina , SO:ap • By Federal Express A SUJBSIDIARI OF STERLINCr,NATIONAL EAN1 a ( 7 c( ` li J (A-TLi (i 2� ' ( n on-e_ ® a q bc4 1 Z éLL G7-`rk1t6to1 0 n L, , ' NING BOARD OF APPEALS' Town Hall Office 53095 Main Road P.O. Box1179 Southold, NY 11971-0959 Email: Linda.Kowalski(a Town.Southold.ny.us or Paula.Ouintieri(a Town.Southold.ny.us http://southoldtown.northfork.net (631) 765-1809 fax (631) 765-1823 (alt. 9064) TRANSMITTAL To: Jerry, Lydia, George, Ruth, and Vincent DATE: P/ )2 /2002 9:V019•111¢1•m • F REF: Hearing Date: & ZZl d 2 Appl. of./�c.6101jQ2, (x ) Info attached for your information and review. eBq ,1i, / 1LiJ G ^p (VrrYrk, _ . Thank you. 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CJv / to me osslgnees cf Ne lenerg nznm.lan LerGhca- / \,p q N J Gcns a e nct Va sFerobia aeelharol m,mm�anz • MONUMENT FOUND J / 0 I I i PIPE FOUND ------ I I DWELLING . y _ '1/4,, O v.05-00j110„—_-1..: . WELL AND SEPTICf s�—_-� ' yrt�7, EF_L—f1-1 I1' I;, li �I ,tp��Q• ''ls '' , BYO {�_ ' �I a C. �ll.��_L..A I'I 4 ... �t II II nt ;�� AJI��.+y II I � �I 0 UNKNOWN GRAPHIC SCALE 1'1=30' 6 EAST MATH STREET / / N.Y.S.LIC.NO.50202 M�ERHEAD,N.Y. 01 < REF.—\\H server\d\PROS\01-312D.pro � � � 369-8288 Fax369-8287 P C 61A:01 Ti VA° , ; ),.,, *************** -COMM. JOURNAL- ******************* DATE AUG-19-2002 ***** TIME 13:26 ******** MODE = MEMORY TRANSMISSION START=AUG-19 13:24 END=AUG-19 13:26 , FILE NO.=359 STN NO. COMM. ABBR NO. STATION NAME/TEL NO. PAGES DURATION 001 OK $ 916317651298 001/001 00:00:40 -OLOM EXECUTIVE OFFICE - ************************************ -17189209245 - ***** - 17189209245- ********* . elith, I N . r '- _ �s\ -,- ,_C its • , , -,,..,,, , , , , . . ti i99 �`Ar �` Q. . tr . . W t. \6.. -, , -,\ ,,r lli 1 FlQ� F;1Ietfgnq� ,' a �� 1 - ,b/ . '-''.• ,b<1_R-,�o$ de A9� �+ ~1q -� �•�i�/• •-•-.OP f� ti�1 ': -44."-- • `. 'yam .4t 06* 13 �, , — .. s • �/0F ` ': ' +O�r' M \ - ;\� ._.c__.k. . 1 \ 1 .\ + .\ ' _ ,.b _ . „• . 4..s . • , 1 `,S 1 II- ks 1 '• \ .5.- \ -k„, ." — • / C:), '. 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Neville DATED: May 16, 2002 RE: Zoning Appeal No. 5148 Transmitted herewith is Zoning Appeals No. 5148—Jennifer Gould-Zoning Board of Appeals application for waiver. Also included is a letter from Jennifer Gould, ZBA questionnaire, lot waiver questionnaire, application disclosure forms, two notices of disapproval,building permit application, Army Corps of Engineers letter, Trustees letter, copies of tax bills, copies of property cards, copies of certificates of occupancy, title search, copies of deeds, contracts of sale, minutes from ZBA meeting, Town Code exceptions list, survey, and tax map. .'LICATION FOR WAIVER UNDER SECTION 100-2 6 This review is for lots which have separate deeds recorded prior to 1983 and- undersized . A merger determination has been issued by the Town Building Inspector (copy attached) , The zoning of my parcel is presently : R-40 The size requirement for this zone is : 40,000 square feet per parcel'. County Tax Map Parcel Nos : 1000-67-420,38,20.4 have merged with SCTM# 1000-67-4-20.5 I (we ) ' Ronald Winkler and Gail Doroski as f te contiguous tots shown on the attached deeds , � request ers o a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II , Section 100-26 of the Southold Town Zoning Code . I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination : • 1 . Copies of my recent tax bill for both (all ) lots . 2 . Copies of deeds dated prior to June 30 , 1983 for all lots . 3 . Copies of current deeds of the parcels under review. 4 . Copy of the current County Tax Map for my neighborhood . 5 . $ 150 . 00 application check which is not refundable if this waiver is denied . I understand that if an unfavorable waiver action is issued by the Town of Southold , that I reserve the right to file for a subdivision and , if necessary, area variances under the usual procedure . By making this application , I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver . (Applicant and Owner ) Ronald i 1u10 ) Sworn tyo before me this (Applicant and Owner ) �5ay of April x 2!02 Gail Doroski WILLIAM H.PRICE,JR. Notary public Notary Public,State of New York No.4644944,Suffolk County • A Waiver i s hereby approved Expires February 28,20 pproved denied (delete appropriate action ) based upon the above documentation . Issued by Reasons for application ( to continue on next page). zbata.w1295 ELIZArr7H A. NEVILLE,TOWN CLERK Town of Southold Southold, New York 11971 Phone: 631-765-1800 PERMIT/RECEIPT #5148 Gould, Jennifer B P 0 Box 177 Greenport, NY 11944 Received $ 150.00 for Permits - Application Fees on 05/13/2002. Thank you. It has been our pleasure to serve you. Re: Winkler/Doroski JENNIFER B. GOULD Attorney at Law 210 Main Street • P.O. Box 177 • Greenport, New York 11944 Telephone 631-477-8607 • Fax 631-477-2601 May 1, 2002 Ms. Linda Kowalski Southold Town Zoning Board of Appeals 53095 Main Road Southold,NY 11971 RE: Winkler/Doroski Application for Waiver under Section 100-26 of SCTM#'s 1000-67-4- 20.3 &20.4 from 1000-67-4-20.5 Dear Linda: Enclosed please find the original and six(6)copies of the above referenced application and $150.00 check. The application is divided into the following eight(8)exhibits: 1. application (1S`page in duplicate original),ZBA and lot waiver questionnaires, disclosure forms(2); 2. original and amended notice of disapproval, building permit application,Army Corps of Engineer non-jurisdictional letter,and Southold Town Trustee resolution from 2/20/2002 meeting; 3. copies of tax bills for lots 20.3,20.4,&20.5,and Town of Southold Property cards for lots 20.2 (with copies of 2 certificates of occupancy),20.3,20.4 &20.5; 4. Single and Separate Search,title abstract search from 1951 to 1985,and copies of current and former deeds; 5. Copies of contracts of sale(2) dated 11/21/2001 for sale of lots 20.3 and 20.4 from Winkler/Stone and Winkler/Sexer to Kraus; 6. Minutes from ZBA Appeal No. 2555 dated 6/14//79; 7. Southold Town Code"exception lists"from 1958 through 1989; and 8. Survey of Lots 78,79, 109 &110 (tax lots 20.3 &20.4) dated 12/01/2001 and tax map section 67. If you or the Board members require any further information, please do not hesitate to contact me. Very truly yours, •; IIIP -inifer B. Gould Enclosure cc: Ronald Winkler, Gail Doroski,Allen Kraus Winkler/Doroski application to waive merger of SCTM#s 1000-67-4-20.3 & 20.4 (presently 2 separate vacant land tax lots) from SCTM# 1000-67-4- 20.5 (presently a single vacant land tax lot) Background Map No. 2 of Peconic Shores was filed on 9/13/1930 in the Suffolk County Clerk's office as Map No. 654. The vast majority of lots in this subdivision were originally 50 feet wide and anywhere from 100 to 175 deep. In fact, the majority of homes in this neighborhood are constructed on these small single lots created by the original 1930 subdivision. Today, the immediate neighborhood includes year-round and seasonal residences. At present, there are 47 single-family homes on 57 tax lots in blocks 1, 2 and 4 of section 67. Copy of Southold Town tax map section 67 is attached. From 1958 until November 1971, the Southold Town Building Zone Ordinance included Maps No. 1 and No. 2 of Peconic Shores on its "exception list" of subdivisions exempt from the area, width and depth requirements of the Town's building code. In November 1971, the building code was amended and Cleaves Point, Section III and Orient by the Sea, Section II were added to the Town's exception list. Yet, in this same 1971 version of the code, Map No. 2 of Peconic Shores is deleted from the exception list without explanation, while Peconic Shores, Section I remains. Whether this deletion was intentional or an oversight is unclear, because there is no amendment or resolution in the building code archives citing the change. But for the deletion of Map No. 2 of Peconic Shores from the maps described in former code section 100-12, the merger of the three non-conforming vacant lots that are the subject of this application would not be as issue, because these lots have been in • single and separate ownership since May 1986. Copies of relevant sections from the Southold Town Code from 1958 through 1989 are attached. History of the original 7 subdivision lots - nos. 78, 79, 106, 107, 108,109, and 110 on Map No. 2 of Peconic Shores Between 1951 and 1961, William Mullio and members of his family acquired the above described lots from C.H. and B.B.Bailey, Inc. and Millie Bailey. In June 1979, Luella Mullio brought a variance proceeding to set off lots 104 and 105 (presently tax lot 1000-67-4-18) from the above referenced lots. A copy of Board of Appeals No. 2555 decision approving the set off is attached. In September 1979, Luella Mullio retained her 2-lot set off and conveyed all 7 remaining lots described above to Richard Davis. From September 1979 to the present, the Town of Southold has recognized the above referenced lots as 4 separate tax lots. The present lot numbers are 20.2 (lots 106 and 107); 20.3 (lots 109 and 110); 20.4 (lots 78 and 79) and 20.5 (lot 108). Copies of the tax bills are attached. In October 1985, Richard Davis conveyed all 7 lots to Gary D. Doroski. In May 1986, Gary D. Doroski separated his 4 tax parcels by deed. He conveyed lot 108 (tax lot 20.5) to Gail Doroski, and lots 78 and 79 (tax lot 20.4) to Gary D. Doroski and Gail Doroski. Since May 1986, the 3 vacant lots (20.3, 20.4 and 20.5), that are the subject of this proceeding, have been in single and separate ownership. Copies of a single and separate search, title abstract, and deeds are attached. 2 - The fourth lot(20.2)which was part of the original conveyance from Muillo to Davis, and Davis to Doroski has not merged, because it is improved with 2 cottages constructed in 1966, each of which has a certificate of occupancy (c.o. #'s 2469 and 2470) Reasons to Grant Waiver of Merger In May 1986, 6 months after acquiring 4 lots from Richard Davis, Gary Doroski conveyed tax lot 20.5 to Gail Doroski and tax lot 20.4 to himself and Gail Doroski, for the express purpose of avoiding a merger of his properties and protecting his investment. On June 25, 1987, applicant Ronald Winkler and Elliot Stone purchased lot 20.4 from the Doroskis; and on the same day, Rhonda Sexer and Steven Sanders purchased adjacent lot 20.3. Both transactions were arms length and involved substantial consideration. In 1998, Sanders sold his interest in lot 20.3 to Winkler. All three vacant lots have remained single and separate since May 1986. However, without a waiver of merger, there is no possibility of obtaining any building permits or other development entitlements from the Town of Southold. Thus, the value of these vacant land parcels is greatly diminished, and will result in severe economic hardship for applicant Winkler and his co-owners. Without a waiver of merger, the present contract of sale for Winkler lots 20.3 & 20.4 requires cancellation, in that the contract is conditioned upon the purchaser obtaining a building permit. Copies of the contract of sale are attached. The waiver would not create a significant increase in the density to the neighborhood, in that the three vacant land parcels are situated in a residential community that is almost completely built out. As mentioned previously, the immediate neighborhood includes 47 single family dwellings or cottages on 57 tax lots. Also, one of 1 the vacant parcels is a town beach. The vast majority of homes in the area are constructed on small single lots created by the 1930 subdivision map. Further, applicant Winkler is not requesting a waiver of merger of lots 20.3 and 20.4. Rather, he and his co-owners of tax lots 20.3 & 20.4 have contracted to sell bothii, tax lots to a single purchaser ("Kraus") upon condition that Kraus obtain building permits for the construction of a single family dwelling on a combined single parcel. The proposed building lot includes 4 lots from the original subdivision map, containing18,895 square feet or .43 acres. The proposed building lot is compatible with the double and triple lot (original subdivision)parcels along Huntington Blvd. and Burtis Avenue. Copies of the survey and the tax map attached. Moreover, the purchaser Kraus has no plans to interfere with the natural contours and slopes of the proposed parcel. There will be no filling of land affecting nearby environmental or flood areas, as Kraus plans to build a house into the natural slope of the land. All development of the proposed parcel is subject to intense government regulation by the Town Trustees, DEC and SCDHS as it is located across the street from Autumn Lake. At a meeting of the Southold Town Trustees on February 21, 2002, the Trustees approved the Kraus application of a permit to construct a single-family dwelling. A copy of the Trustee resolution is attached. In addition, the Army Corps of Engineers has issued a letter of non jurisdiction. A copy of its letter is attached. Due to the expense involved in obtaining permits, Kraus's application for permits with the DEC and SCDHS are on hold until the merger issue is resolved. 4 ti . • ;�. OU.STICNNAIRE FOR FILING WITH YOUR Z .S.A. APPLIC 1TION A. Please disclose the names of the owner(s ) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) Ronald Winkler and Elliot Stone own 1000-67-4-20.4 Ronald. Winkler and Rhonda Sexer own 1000-67-4-20.3 Gail Doroski and Bruce Murphy own 1000-67-4-20.5 B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { x } yes copies of contract ( } No. (If Yes, at!-=rh carry o± "condi 4 nr' " or sale- ) al,Quilantipj. . C_ Are there to range alter 1-rrri c-nto. s? ( ) Yes (x } No • . D. 1. Are there any areas which contain wetland grasses? no 2. Are the wetland areas shown on the map siihmi tted with this application? yes 3. Is the property bulkheaded between the wetlands area and the upland building area? no 4. If your grope_ r contains wetlands or wand areas, have you contacted the Office of the Town, Trustees for its determination of jurisdiction? no, bot see Town Trustee R. Is there a depression resolution elevation near the area of proposed construction at or below five feet above mean sea level? n/a (If not applicable, state "N.A. " ) F. Are there any Patios, concrete barriers , bulkheads or fe^r-�s which ami c t -and are not shown on the surrey map that you are• submitting? ' none If none exist, please state "none_ " • • . G. Do you have any construction taking place at this time • concerning your premises? • no If ves, please submit. a copy of your building permit and map as approved by the Building Department. If none, please state_ • if- Do you or any co-owner alsd own other land close to this parcel / If _yes, please explain where or submit copies of deeds yes • • Gail Doroski owns 1000-67-4-20.2 parcel with 2 cottages adjacent to I. Please fs20p esent use or operations conducted at this parcel vacant- land and proposed use single family dwelling • Aucnozr_,�` s i gnacu! r a_nd • Da_C2 • 3/47r 1.0Ronald Winkler April,t2,3 2002 • \i LOT WAIVER QUESTIONNAIRE What are the square footage and dimensions of this lot (subject of building department merger application): 18,895 s.f. 99 ft. by 265 -F- ft .43 acres-see survey Date of first deed which created this lot:maP 8f econic Shores filed 9/13/30 as Map No. SCTM #1000-67-4-20.3 6/25/87 654 Date of current deed to present owner: 1000-67-4-20.4 6/25/87 1000-67-4-20.5 5/5/86 Owners' names of lot.at current time: Elliot Stone. & Ronald Winkler lot 20.4 Gail Doroski and Bruce Murphy-20.5 Ronald Winkler & Rhonda Sexer lot 20.3 Date and name of subdivision (if any): Map No. 2 of Peconic Shores filed 9/13/30 as Map No. 654 Size of remaining lot in the merger: .7,320 s.f. SCTM #1000-67-4-20.5 -vacant lot owned by Gail Doroski & Bruce Murphy Were there any building permits issued in the past for this lot: Yes No 1r If yes, please provide copy of former permit and map approved. W sere there any County Health Department approvals in the past for either lot? Yes No x . If yes, please provide a copy. • Were they any vacant land Certificates of Occupancy requested in the past? Yes No If yes, please provide a copy. vNxNCNN Southold Town Building Dept. has refuses to provide information under. foil Were there any other Town actions (approvals or denials) in the past regarding this property (such as a pre-existing Certificate of Occupancy for a preexisting building, a variance, lot-line change, Trustees approval, or other type of application to build or use the property in any way)? Yes No . Trustee approval and letter on nonjurisdiction If yes, please provide copy (if available), or explain: from ARMY CORP attached. _ _ _ SCDHS and DEC permits are pending, applications on hold until merger issue resolved . Is there any building or structure, such as a patio, driveway, or other, overlapping the deeded lot line which separates the two merged lots? No. x Yes If yes, please explain. How many other vacant lots are on the same block and immediate neighborhood? 2 Please note other approvals or other information about common ownership of these lots: I am an owner of the subject lot and the above information is provided to the best of my knowledge. (Copies noted above are attached.) Dated: 3 April , 2002 Owner' ignature Ronald winktler ZBA5/27/99 • APPLICANT TRANSACTIONAL, DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: (;ail fc)roski (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate ' the other person's or company's name. ) NATURE OF APPLICATION: (Check all. that apply. ) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other (If "Other, " name the activity. ) waiver of merger Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "dustless interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of- the shares. YES X NO If you answered "YES,-." complete the-balance of thin form- and date and sign.lmhere -indicated. • Name of person employed by Lhe Town of Southold Melanie Doroski Title or position of that person secretary administrative assistant Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. • The town officer or employee of his or her spouse, sibling, parent, or child is (check all that apply) , A) the owner of greater than 5% oC the shares of the corporate stock of the applicant (when the applicant is a corporation) ; B) the legal or beneficial owner of any interest in a noncorporate entity (when Lhe applicant is not a corporation)! C) an officer, director, partner, or employee of the applicant: or D) the actual applicant. DESCRIPTION OF IIELATIONSIILP - * I, - • •_ ••1 • • II- i , d B• • . -V I •:1 f• .t •; i• •- :�-i cam-: 11, G - brothers. - Submitted this D-1 day of Wp)Qll !On. S1gnaLure lj_( f f� J Print name- Gail Dor-eski APPLICANT TRANSACTIONAL, DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part. of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: 1?nna l r7 Tn7i nlrr (Last came, f rst name, middle initial, unless you are applying in Lhe name of someone else or other entity, such as a company. If so, indicate the other person's or company's name. ) NATURE OF APPLICATION: (Check all that apply. ) Tax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other (If "Other," name the activity. ) waiver of merger Do you personally (or through your company, spouse, sibtLng, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "fusiness interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES," complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through 0) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) : A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) ; B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSIIIP Submitted this J d. f , Signa Lure lv • Print nalRonald Wi ler FORM NO. 3 is NOTICE OF DISAPPROVAL f DATE: March 1, 2002 AMENDED: March 13, 2002 TO: Catherine Mesiano A/C Winkler 12 Mill Pond Lane East Moriches, NY 11940 Please take notice that your application dated February 28, 2002 For permit for waiver of merger at , Location of property 110 Second Avenue, Peconic,NY County Tax Map No. 1000 - Section 67 Block 4 Lot 20.3 &20.4 Is returned herewith and disapproved on the following grounds: The subject lots have merged with adjacent lot (SCTM# 1000-67-4-20.5)pursuant to Article II Section 100-25,which states; "Merger. A nonconforming lot shall merge with an adjacent conforming or nonconforming lot, which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty(50) feet or more in distance.Nonconforming lots shall merge until the total lot size conforms to the current bulk schedule requirements." 7422.2._±.. uthorized Signature Cc: file, Z.B.A. • D� : March 1, 2002 TO: Catherine Mesiano A/"� ,Jinkler 12 Mill Pond Lane East Moriches,NY 11940 Please take notice that your application, dated February 28, 2002 For permit for waiver of merger at Location of property: 110 Second Avenue, Peconic County Tax Map No. 1000 - Section 67 Block 4 Lot 20.3 Is returned herewith and disapproved on the following grounds: The subject lot has merged with adjacent an adjacent lot (SCTM# 1000-67-4 20.4 pursuant to Article II Section 100-25 which states:, "Merger. A nonconformingjot shall merge with an adjacent conforming or nonconforming lot which has been held in common ownership with the first lot at any time after July 1, 1983. An adjacent lot is one which abuts with the parcel for a common course of fifty(50) feet or more in distance. Nonconforming lots shall merge until the total lot size conforms to the current bulk sc LailLere, _411 griAr I IP° Authorize, . . - CC: file,Z.B.A. i u wIN or avu i riruLL 1iUILL)1NU YhRM11 Al LIUAT1UN(;HECKLIS. ' BUILDING DEPARTMT—"' Do: - ' ve or need the following,before applyin • TOWN HALL - " ''' board of Health • SOUTHOLD,NY 119713 sets of Building Plans TEL:765-1802 Survey PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees • Examined ,20 Contact: -I 0—c 9 S Approved ,20 • McAiT IIAesIAhlf1 II11c. • Disa,proved a/c : 12 MILL 'OND LANE E. 2. 5) 1 5 --.—!RI L--. --. Building Inspector 1 FEB2 82002__-it�.i(I APPLICATION FOR BUILDING PERMIT Date 2 JZ? ,200 ? iz 17:, t INSTRUCTIONS ___ To',�r"ice` F�t.n ' a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with_ sets of plans,accurate plot plan to scale.Fee according to scliedule. b.Plot plan showing location of lot and of buildings on.premises,relationship to adjoining premises or public streets of areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permi shall be kept on the premises available for inspection througllout•the work. e.No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupai is issued by the Building Inspector. • APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. / .. Yk.6.4„.._._. (Signature of a licant or name,if a corporation) (Mailing address of applicant))')y0/5(f State whether applicant is owner,lesse agent, ..chitect,engineer,general contractor,electrician,plumber or builder Name of owner of premises WGt,keat)w J!i�x.e,' i 4 �/k.--2•64) (as on the tax roll or latest deed) If applicant is a corporation,signature of duly authorized officer (Name and title of corporate officer) . BUilders License No. • • Plumbers License No. • Electricians License No. . Other Trade's License No. 1. Location of land on which ro osed wor will be done: (0 9 6 — i et 6-0--x...e....ri House Number / p Strep�t Hamlet 16 • County Tax Map No. 1000 Section f ' 7 ' • Block Lot ,W, 3 4- 02 0 Subdivision Filed Map No. Lot (Name) . '.. State existing use and occupancy of premises and intended use anz!occupancy of proposed construction: a. Existing use and occ••--"-,y b. Intended use and occupancy Nature of work(check which applicable):New Building Addition Alteration Repair Removal Demolition Other Work (Description) . Estimated Cost Fee (to be paid on•filing this application) . If dwelling,number of dwelling units Number of dwelling units on each floor If garage, number of cars . If business,commercial or mixed occupancy,specify nature and extent of each type of use. Dimensions of existing structures,if any:Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions; Front Rear Depth Height Number of Stories Dimensions of entire new construction:Front Rear Depth Height Number of Stories Size of lot:Front Rear Depth ).Date of Purchase Name of Former Owner .Zone or use district in which premises are situated • !. Does proposed construction violate any zoning law,ordinance or regulation: Will lot be re-graded Will excess fill be removed from premises: YES NO Names of Owner of premises Address Name of Architect Phone No. Name of Contractor Address Phone No Address Phone No. . Is this property within 100 feet of a tidal wetland?*YES • IF YES,SOUTHOLD TOWN TRUSTEES PERMITS MAY BE REQ Provide survey,to scale,with accurate foundation plan and distances to property lines. . If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. ATE OF NEW YORK) )UNTY 0 / S being duly sworn,deposes and says that(s)he is the applicant (Nave of individual signing contract)above named, He is the (Co• actor,Agent,Corporate Officer,etc.) ;aid owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; t all,statements contained in this application are true to the best of his knowledge and belief;and that the work will be formed in the manner set forth in the application filed therewith. orn to before me th —a day of "'A..... . 20a2 ci iii ,.. 4 A ..a thaw f ; otary Pub is .�i�. Signature of Applicant JENNIFER LYN OBRIEN No. ill1U Notary860Publ61933 State ffffolk CNewounty Commission Expires 07/23/20 tiNT °� DEPARTMENT OF THE ARMY NEW YORK DISTRICT,CORPS OF ENGINEERS w.. ._, .+ c.•r z JACOB K.JAVITS FEDERAL BUILDING m NEW YORK,N.Y. 10278-0090 rrq -tine'".•' PEPLY TO March 15, 2002 • ATTENTION OF Eastern Permits Section SUBJECT: Joint Application with New York State Department of Environmental Conservation ,, Allen Kraus c/o C. Mesiano Inc. 12 Mill Pond Lane E. Moriches, NY 11940 Dear Mr. Kraus: - We have recently received a copy of the Joint Application for permit you filed with the New York State Department of Environmental Conservation (NYSDEC) . Please be advised we have reviewed the copy of the Joint Application sent to this office by NYSDEC. Based solely upon the information provided, it appears that a Department of the Army permit is not required for your proposal . The Department of the Army regulates construction activities in navigable waterways and discharges of dredged or fill material into waters of the United States, including inland and coastal , wetlands. If your proposal would involve such work, and has 'not been portrayed as such in your Joint Application, you should contact this office immediately so that a project-specific determination can be made as to whether a Department of the Army . permit will be required. Any inquiries can be directed to this office at (212) 264- 3912, 3913, 6730, or 6131 . Sincerely, MarcHelman - .-• ---------Acting Chief, Eastern Permits -Section -- FROM :C MESIANO INC. FAX NO. :631-878-8951 Apr. 05 2002 02:18PM P1 2 ext-I lel d 17_01): Tru sde2_ n Ffl I'ru a 20 2002..- WHEREAS,the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED,that the Board of Trustees approve the application of ALLEN KRAUS to construct a 28'X 60'single-family dwelling,on-site sewage disposal system and pervious driveway,with the condition of a 50'buffer consisting of 30'non-disturbance from the edge of the wetlands and 20'non-turf landward of that,and gutters and drywells to contain the roof run- off. BE iT FURTHER RESOLVED that this determination should not be considered a determination made for any other Department or Agency,which may also have an application pending for the same or similar project. Permit to construct and complete project will expire two years from the date it is signed. Fees must be paid,if applicable,and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. Fees:None Very truly yours, Albert J.Kreps i,Jr. Lt-ir President,Board of Trustees Fax Note 7671 � ► To. 412 1 C'� Fram M 0 ATK/ims cofoerr Co. DEC Phone# Phono# Bldg.Dept. Fax a Fax Health Dept. - ! MAKE CHECKS TO AND MAIL PAYMEr'''TO: MARILYN QUINTANA, RECEIVER - TAXES, 53095 MAIN ROAD BOX 1409, SOUTHOLD, NY 11971-0499 Duplicate Bill - . .,• . .STATEMENT OF TAXES, 473889 67.-4-20.5 BILL NO. 763, SOUTHOLD DOROSKI GAIL & PACE No. 1 OF 1 2001 - 2002 TAX WARRANT MURPHY BRUCE E ROLLsECrION„ 1 1640 STERLING RD TAXES PAID BY CHECK 1640 STERLING NY 11935 ACCT.Nb. , 1 ARE SUBJECT TO COLLECTION CUT -, .. ` :PROPERTY,DESCRIPTION'AND'LOCATION TAX MAP.N0.' , •.. 0• • -'- LOCATION 605 BURTIS AVE DIMENSIONS ACRES- 0.15 SCHOOL DIST. 610 SOUTHOLD SCHOOL ,PROP'TYCLASS' 311 RES VAC LAND TAX SAVINGS DUE TO STAR: 0.00 , t ': ,FISCAL YEAR, a_• WARRANT DATE`"' BANK CODE TOTAL TAX DUE : 222.45 12/1/01 - 11/30/02 11/30/01 •LEVY DESCRIPTION . ' •'_` TAXABLE VALUE ' '• TAX RATE • ' • TAX AMOUNT % INCREASE"/DECREASE SUFFOLK COUNTY TAX 300 17.309 5.19 7.2 NYS REAL PROP TAXLAW 300 4.967 1.49 -31.9 SOUTHOLD TOWN TAX 300 167.527 50.26 10.5 SOUTHOLD SCHOOL 300 488.604 146.58 11.5 SOUTHOLD LIBRARY 300 16.587 4.98 4.8 SOUTHOLD FIRE DIST 300 37.034 11.11 2.7 WASTE WATER DISTRICT 300 1.376 0.41 799.6 STHLD SOL WASTE DIST 300 8.115 2.43 -24.1 EXEMPTION:APPLIEU, ; EXUIPTION AMOUNT ,I L ..XEM,PTION:PURPOSE ' PAYMENT SCHEDUCE.ON TOTALTAX DUE .TOTALASSESSEO VAL`11E..' ',_ ESTIMATE'STATE AID' ,j s''• APPLY FOR THIRD PART AMOUNT 111.22 111.23 300 COUNTY. 271,419,925 NOTICE BY 10/01/02 'PENALTY FUL'L.VAL-UE; TOWN 990,650 TOTAL •'° 111.22 111.23 11,628 SCHOOL. DUE- _.; 1/10/02 5/31/02 V DETACH BELOW AND RETURN WITH FIRST HALF PAYMENT V V DETACH BELOW AND RETURN WITH SECOND HALF PAYMENT 7 I PAID BY: 0 ASSESSED ❑OTHER PAID BY: 0 ASSESSED ❑OTHER DOROSKI GAIL & DOROSKI GAIL & MURPHY BRUCE E MURPHY BRUCE E I 1640 STERLING RD 1640 STERLING RD OWNER'S CUTCHOGUE NY 11935 OWNER'S CUTCHOGUE NY 11935 NAME NAME & & ADDRESS ADDRESS FIRST HALF"TAXDUE " .Wr SE ? COND.HALF•TAXDUE, , •ToTALTAX; 222 45 BILL NO, 7634 TOTAL TAx 2' .L1.. NO 7634 `1sT HA';F ` 111.22 `2ND HALF , , 111.23 PENALTY PENALTY ,AMT.",PAID `" AMT."PAID TAX MAP NO.; 473889 67.-4-20.5 TAX MAP No, 473889 67.-4-20.5 DUPLICATE COPY DUPLICATE COPY MAKE CHECKS TO AND MAIL PAYMEN- TO: MARILYN QUINTANA, RECEIVER -4 TAXES, 53095 MAIN ROAD BOX 1409, SOUTHOLD, NY 11971-0499 Duplicate Bill 473889 67.-4-20.3 STATEMENT OF TAXES WINKLER RONALD & BILL NO, M• =:' 763 SOUTHOLD SEXER RHONDA 'PAGE Ido. " ,4 1 OF 1 2001 - 2002 TAX WARRANT sOLL,SECTION ' 1 C/0 WINKLER& COMPANY,CPA : TAXES PAID BY CHECK 1 1 345 SEVENTH AVE, 21ST FLR ACCTNO, ARE SUBJECT TO COLLECTION NEW YORK NY 10001 - • , PRO.PERTY.DESCRIPTION AND:LOCATION ' ;TAX MANO:'' ••• • •-�- 1• LOCATION°,:, 110 SECOND AVE DIMENSIONSr ACRES- 0.23 ¢SCHOOL DIST.',- 610 SOUTHOLD SCHOOL FROPTycCAss:' 311 RES VAC LAND TAX SAVINGS DUE TO STAR: 0.00 FISCAL'YEAR -, WARRANT DATE BANK CODE TOTAL TAX DUE : 296.60 12/1/01 - 11/36/02 11/30/01 • •LEVY DESCRIPTION • ' ..,TAXABLE VALUE• •., TAX RATE x , , , TAX AMOUNT %INCREASE/DECREASE SUFFOLK COUNTY TAX 400 17.309 , 6.92 7.2 NYS REAL PROP TAXLAW 400 4.967 1.99 -31.9 SOUTHOLD TOWN TAX 400 167.527 67.01 10.5 SOUTHOLD SCHOOL 400 488.604 195.44 11.5 SOUTHOLD LIBRARY 400 16.587 6.63 4.8 SOUTHOLD FIRE DIST 400 37.034 14.81 2.7 WASTE WATER DISTRICT 400 1.376 0.55 799.6 STHLD SOL WASTE DIST 400 8.115 3.25 -24.1 EXEMPTION,APPLIED,, .EXEMPTION,AMOUNT,,:-• E'XEMPTION`•PURPOSE' PAYMENT SCHEDULE ON,•TOTAL.TAX DUE TOTAL ASSESSED VALUE ' - •':' ESTIMATE STATE:AID APPLY Fe ". `' ' `-Ait.AouIT,`. 148.30 148.30 400 COUNTY. 271,419,925 NOTICE BY 10/01/02 ;:PENALLY'? FULL VALUE' TOWN 990,650 ,TOTAC ,;, 148.30 148.30 15,504 SCHOOL: DUEX `;;'` 1/10/02 5/31/02 y DETACH BELOW AND RETURN WITH FIRST HALF PAYMENT 7 7 DETACH BELOW AND RETURN WITH SECOND HALF PAYMENT mr -r I PAID BY: 0 ASSESSED 0 OTHER PAID BY: 0 ASSESSED 0 OTHER WINKLER RONALD & WINKLER RONALD & SEXER RHONDA SEXER RHONDA C/0 WINKLER& COMPANY,CPA C/0 WINKLER& COMPANY,CPA OWNER'S 345 SEVENTH AVE, 21ST FLR OWNER'S 345 SEVENTH AVE, 21ST FLR NAME NEW YORK NY 10001 NAME NEW YORK NY 10001 & & ADDRESS ADDRESS FIRST HALF TAX-DUE ,; , SECOND.HALFTAX DUE•; NOTAL{TAX ', 296,60 ,i3ILL"NO:` ,7632 TOTAL`TAX•" 296.60 `• ,°," • �- *BILC�N0. ,1S1.NALF'':M 148.30 `2ND'HALF: •, 111.1111111MEN ;PENN-17Y :K: PENALTY ' , :AMT;PAIA :? AMT,PAID-; '.TAX°MAP-No:; 473889 67.-4-20.3 'TAx MAP NO. 473889 67.-4-20.3 • DUPLICATE COPY DUPLICATE COPY MAKE CHECKS TO AND MAIL PAYMEN''c=TO: MARILYN QUINTANA, RECEIVER -TAXES, 53095 MAIN ROAD BOX 1409, SOUTHOLD, NY 11971-0499 Duplicate Bill ': • .• STATEMENT,OF TAXES . 473889 67.-4-20.4 ''"o: ' 7633 SOUTHOLD STONE ELLIOT W &ANO 134 No. ,r•„ 1 OF 1 2001 - 2002 TAX WARRANT C/O WINKLER& COMPANY,CPA PAGENO., •`- Roii"sECTION.: 1 TAXES PAID BY CHECK 345 SEVENTH AVE, 21ST FLR 'ACCT,NO 10 ARE SUBJECT TO COLLECTION NEW YORK NY 10001 PROPERTYDESCRIPTION AND•LOCATION . TAX MAP.NO:._ v �•• • .-A- I. LOCATION ' 690 HUNTINGTON BLVD 'DIMENSIONS;•'' ACRES- 0.21 SCHOOLDIST'1.• 610 SOUTHOLD SCHOOL PROPTYC Assn 311 RES VAC LAND TAX SAVINGS DUE TO STAR: 0.00 - FISCAL YEAR WARRANT.DATE. BANK CODE TOTAL TAX DUE : 296.60 12/1/01 - 11/30/02 11/30/01 LEVY DESCRIPTION TAXABLEVALUE: . -TAX RATE • TAX AMOUNT %INCREASE./DECREASE SUFFOLK COUNTY TAX 400 17.309 6.92 7.2 • NYS REAL PROP TAXLAW 400 4.967 1.99 -31.9 SOUTHOLD TOWN TAX 400 167.527 67.01 10.5 SOUTHOLD SCHOOL 400 488.604 195.44 11.5 SOUTHOLD LIBRARY 400 16.587 6.63 4.8 SOUTHOLD FIRE DIST 400 37.034 14.81 2.7 WASTE WATER DISTRICT 400 1.376 0.55 799.6 STHLD SOL WASTE DIST 400 8.115 3.25 -24.1 EXEMPTION APPLIED•J.;EXEMPTION AMOUNT ' EXEMPTION PURPOSE ' PAYMENT S'CHEDULE ON TOTAL TAX DUE TOTAL ASSESSED,VALUE , ESTIMATE STATE AID'"- • PLY FOR THIRD PARTY `AMOUNT'q 148.30 148.30 400 COUNTY 271,419,925 NOTICE BY 10/01/02 ',PENALTY,'= ' - FULL VALUE TOWN 990,650 ;;TotXt.z ,,c 148.30 148.30 15,504 SCHOOL. '04E _ ')T1 1/10/02 5/31/02 V DETACH BELOW AND RETURN WITH FIRST HALF PAYMENT V ♦ DETACH BELOW AND RETURN WITH SECOND HALF PAYMENT V 7 PAID BY: 0 ASSESSED 0 OTHER PAID BY: 0 ASSESSED 0 OTHER STONE ELLIOT W &ANO STONE ELLIOT W &ANO C/O WINKLER& COMPANY,CPA C/O WINKLER& COMPANY,CPA 345 SEVENTH AVE, 21ST FLR 345 SEVENTH AVE, 21ST FLR OWNER'S NEW YORK NY 10001 OWNER'S NEW YORK NY 10001 NAME NAME & & ADDRESS ADDRESS • I FIRST HALF TAX,,DUE:' • • ' :'• ''SECOND`HALFTAX.DUE: TOTAL•Ta."-r 296.60 -BILL'NO . +7633TOTAL TAX �!I*11]?BILLNO' `'' 18,119AL:F:s!F 148.30 '2ND HALF•' , , I 1 PENALTY+`"',,, PENALTY'• "AMTMAIE;;.;:„ -AMT..PAID -To laap°No: 473889 67.-4-20.4 TAX MAP NO, 473889 67.-4-20.4 DUPLICATE COPY DUPLICATE COPY 5_ 42__zaz_TOWN OF SOUTHOLD PROPERTY RECORD CARD /I 3- 0ilk R STREET '' VILLAGE DISTRICT SUB. LOT LI,_.,-r._ )- _ 1,-- ( Ro r-ns PZ . , .._,,g c.....-/-:;-64-e_ 7 /:).0.-,-,-L-e...- 51-1-12-e...-z- --4- FORMEf( OWNER N E ACREAGE j f'. IV f S C17. , //. // / S W TYPE OF BUILDING 1/ X /li z /o - RES. SEAS. 1 0 VL. C FARM COMM. IND. CB. I MISC. ( AND . IMP. TOTAL DATE REMARKS rr le /c7- tl-t, 24.4.4.7..,... „ _.,,,.. .r_t,, i:.. ,/ ,ti,,,,,,) 2-Le...4 4-L-0._u_e_e_ .2._<4 6. (•:, 2- (,,;(,..e( .1 LI- r.,•, ti- cc, ei--6--- c- I t i, / r 6 5--c 2 o o 0 -3 " ' 0 0 . co ;s-,D l-C, 76--6 76 77 5 -7 ign6oa. pC_av,� /'74 ///d — IG ‘c,6, -3 `r ore',) ,'-' • & )�:`C 9 (---, C? 172-.7y( s --i-ca (�:,,r is i (7- (ter-(_./l !' - 1/4_Scr-o 3 ___ 0-7.) \:`;`)7 J7/ V ---**-ks7P-6 v ,5-7.5/., --,,, 00 7';‘,3 lo 3e... •a-ro - .5,4;:j__ _-__L:43 --r--,,Z. AGE BUILDING CON ITIO N NEW NORMAL - BELOW ABOVE Farm Acre Value Per Acre Value 1 Ti . . .e 1 - -/' '• . //elf 6¢.." c z �; Tillable 2 / / 9 .9 Tillable, 3 � t Woodland 4 I , Swampland Brushland House mot .- '� -,- Total • y- FORM NO. 4 isJ, TOWN OF SOUTHOLD • - i BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No.Z..2F.70 Date 'WY 39 , THIS CERTIFIES that the building located at . .rte. .,P .D.D.R Street pC,Q� =' ie S '141 '�I Bt 3.07.,, PO.AA E .l.#...Lap a O. Block a. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 3U.ly 23 , 19.0E.. pursuant to which Building Permit No. 0+66 Z dated July 2+ , 19...6!3., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is .f$Ja!'elli Ig The certificate is issued to Owner ner (owner, lessee or tenant) of the aforesaid building. HO.Apprava3. July 6, 1966 bar /#V . .l i-kyvo r.,,„ f l A Building inspector FORM NO. 4 • F TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. CERTIFICATE OF OCCUPANCY No. Z .24.69. . . . Date .47217. .19 , 19. 66 THIS CERTIFIES that the building located at . t $ . 'lace Street Psc Shores sec .106gpeoo � oI,. sail, Map Noo.. Blocck No.. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated July. .23. . ., 19. A. pursuant to which Building Permit No. .2465. .Z dated July . . 2+. . ., 19.6!:, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The .occupancy for which this certificate is issued is .Rri.rate. .one .fenny•c vme3.•1: .rig The certificate is issued to . .hall am. ,Ae. S4u ,1ia Owner (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . . .;July: .61. .19 6. By.R .vine Building Inspector I. /( ()_./ _c 7..- 1.11. ).(6, T OF SOUTHOLD PROPERTY RECORD CARD S z.5 OWNER STREET VILLAGE DISTRICT SUB. LOT / 0 / .I1 ])o10ski etCDatok E Nu( �9uR s 131.. c_,-- ---2-,.4.� /7) r (-`-'C-.9"-}2, ,`` tet- - 14-try � FORMER OWNERS aj t c osfr N E ('1�gYv I� C ACREAGE ' ` s f / S W TYPE OF BUILDING .RES. SEAS. ( VL. 3l/ FARM COMM. IND. CB. I MISC. ' SND . IMP. TOTAL DATE REMARKS 4 v ye a„..,,Te.0. ?,.ka._,._� r 0 i f A ° SA Le _7-oni4"bDOob - j r �z.f/ .,-o / , L)f ^( /� 2 / V T -1.,99v- ., 9 I.r] �.. ( JGr? , l r I ( J (.:".,'_"; 1 / ( f rJ' � o i J l-1)/ SCJ !/ ��I��f J � 1� 1 ti `') �lam+ P�1_." � ( �( i!)-L-' 1 -- ti-� 6 2-•e--.c) ✓ \I-Y..0-6.' 5 `••.Y,a, ' L/ ( — :.r t'+ -,-;:if I - p-, ` • /b q---L d I i _ 4-7 U 1I • /i'la /V/C AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value isi C( � �/��Q,[-n.rx ` Tillable 2 ' Tillable, 3 - Woodland , Swampland Brushland House Plot Total r . . 0.- s.„Ec. TOWN OF SOUTHOLD PROPERTY RECORD CARD /47--j OWNER ' STREET 9/2 VIL,GE . L. DISTRICT SUB. LOT p e, 2,9 El + Sk 7 ---) tc1Q (2ki *ame A N 7-1 d'V 7--r.,/i.ii lai.Vb. ....,/ -.4:7 c.-...-7,--L,c._:, , FORMER OWNER N E ACREAGE 1.I-)C le ri ' - 0 2- 17 S W - TYPE OF BUILDING / d2 4-7"-ZA..-6 , , . , ... RES. SEAS. i.,c/.. VL. FARM COMM. IND. CB. , 1 MISC. P ) , L ',AND - IMP. TOTAL DATE REMARKS /r;' in , _ / '2''' d • . tie ( i . r 9, / ,,7 ) 3,/ '6, / (o, ,:742.--6., ,..2..:4---6,--0 . ' • 3 _....4Z... ' 0 r) 7Z8/ 2°P r / V Ai /X' ,.? 0 0 ,2 >-, 1.---d 7, .5-A X-f-.To 4 -.z - - • 4_,,) —7;- P-42/..sesit;r -, --36/,253‘ -AY6 (ej-r5 -j 9 K:(,--; 134 - - fL,L - AGE - ' BUILDING CONDITION * / /zAT-..:. L t,r)'-z.f•-.!--,1,7'rvoi . ap),-05._.41 45 Ste),-f-',-i.% 1,-,,,g, - 6 5- --- , NEW NORMAL BELOW ABOVE Farm Acre Value'Per Acre - Value . i . . Ti 'le 1 Tillable 2 ' Cr , . . • Tillable, 3 _ , . Woodland -. . . 4 Swampland . , . , ' Brushland House Plot , _ • . . . . . •- Total • fes, co, -. 4-, �3 TOWNO SOUTHOLD PROPERTY RECORD CARD /,-,3 OWNER STREET /71(/27 VILLAGE DIST. SUB. LOTS f RO(100d Ornkileficc(\n' o gEdOND AVi.' 6-1_,,,.....:„ 7 . i , F RMERe OWN R F N E ACR. '' „ , [-Gt.vi 5 1—CS.`/'0Sk ; S W TYPE OF BUILDING RES. SEAS. VL. &l/ FARM COMM. CB. MISC. Mkt. Value ! AND I.MP. TOTAL DATE REMARKS T ff `� 477 .1A,��°Ta 416oi acre,^' P j`1,i 1. "ce it [► —.�• g`rr9'kA✓lJ ii i1 °„ `'s, U /p1'�3S i `'� • -k p �� l�J�, t,._� ...F�. �—��'T 5,....,d ,C.,. c_� -.K:°r`i�l�a''�� D l � �..,�9 ��7�.'s �YD� l �c*..�a t 1 � .: .41c-L)-4::::::; -5. - '4 i7 S t COW 6I =4( 4 51s/,% - (--. l O 0 ('-) n-TO - 51 t7: 1,4 ,-..-4- �:. 'r' Go r,,fr ko -`•F- .:-/"V.6 4-, V-- 1 CD(-1)3 n F-1-- (9 --5 r 1 r' ( J.D 4 I.,e.., 4'. r.,,,i-. ( -. HA. AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE C,/7 ce/0 > r - L I93s % 3c5- t<)ca .=).(f -4:--) ;NclE.y-5, *c t\e) - 6. �., i FARM Acre Value Per Value , ! �, / N Acre Z7/Z1 q r -L• 1l S7FoR f a //dders 400 TD VV l /1��t r,, -Ct1-3,6 2 S- �t Tilly'-'-' 1 • jl Tilluuie 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD f6Z e n House Plot DEPTH BULKHEAD total DOCK rile No.: RH80020470 Commonwealth Land Title Insurance Company 177 Old Country Road, PO Box 419 C Riverhead, NY 11901-0203 Phone: 631-727-7760 Fax: 631-727-7818 • Commonwealth nLwakMEmcwmuw+r SINGLE AND SEPARATE SEARCH Effective Date: 1-25-2002 Title No. RH80020470 Commonwealth Land Title Insurance Company DOES HEREBY CERTIFY TO: TOWN OF SOUTHOLD AND JENNIFER B. GOULD, ESQ. 210 MAIN STREET - P.O. BOX 177 GREENPORT, NY 11944 THAT it has caused a search to be made in the Office of the Clerk of the County of SUFFOLK, in the State of New York, against the premises described herein and property adjacent thereto on all sides from 2-27-81 to date to ascertain the fee chain of title respecting the premises described herein and the property adjacent thereto and has found only the returns as set forth herein on the following pages as they bear on record title; and Cei-tifiethat the owners of the premises described herein have owned the same in single and separate ownership as defined by law during this period of time since 05/05/86. This Company's liability is limited to Twenty-five Thousand ($25,000.00) Dollars. NO policy of insurance is to be issued hereunder. Premises: , NY District: 1000 Section: 067.00 Block: 04.00 Lot: 020.003 &020.004 County: SUFFOLK T/O: SOUTHOLD Commonwealth Land Title Insurance Company BY: Vfrl4 CP-e-t g---g-• VINCENT SETTE BRANCH MANAGER Title Number:'RH80020470 • ' - • Dated:- February-21, 20O2': - - -- .-` - ,,, r, .. . . J -> Single and Separate Search TQ20015NY (07/00) File No.: RH80020470 CHAIN OF TITLE FOR SUBJECT PREMISES: Lots 78, 79, 109 and 110, Map No. 2 Peconic Shores, filed-9-13-30 as Map No. 654: District: 1000 Section: 067.00 Block: 04.00 Lot: 020.003 & 020.004 Luella L. Mullio - Dated: 9-28-79 to Rec'd.: 10-9-79 Richard Davis Liber 8707 page 348 (premises and more) Richard Davis, Dated: 10-17-85 to Rec'd.: 11-15-85 Gary D. Doroski Liber 9916 page 136 (premises and more) Gary D. Doroski Dated: 5-5-86 to Rec'd.: 5-5-86 Gary D. Doroski and Gail Doroski, his wife Liber 10030 page 370 , (Tax Lot 020.004) - Gary D. Doroski Dated: 6-25-87 • to Rec'd.: 7-2-87 Steven P. Sanders and Rhonda Sexer Liber 10357 page 38 (Tax Lot 020.003) Gary D. Doroski and Gail Doroski, his wife Dated: 6-25-87 to Rec'd.: 7-2-87 Elliot W. Stone and Ronald.Winkler Liber 10357 page 43 (Tax Lot 020.004) LAST'RECORD OWNER .-continued- Commonwealth Land Title Insurance Company Subscribed and Sworn to before me this 21st day of February, 2002. BY: Ajeeepirc,----. VINCENT SETTE ` „„` BRANCH MANAGER �� yj 144-11- -----4% •• ary Public JANAM.PRINDLE • Notary Public,State of New York Single and Separate Search Ho.01•PR4911757 Qualified In Suffolk County 'Commission Expires Nov.16, File No.: RH80020470 CHAIN OF TITLE FOR SUBJECT PREMISES: (continued) Lots 78, 79, 109 and 110, Map No. 2 Peconic Shores, filed 9-13-30 as Map No. 654: District: 1000 Section: 067.00 Block: 04.00 Lot: 020.003 & 020.004 Steven P. Sanders and Rhonda Sexer Dated: 2-12-98 to Rec'd.: 3-6-98 Ronald Winkler and Rhonda Sexer Liber 11882 page 44 ' (Tax Lot 020.003) LAST RECORD OWNER STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) VINCENT SETTE, being duly sworn, deposes and says: That he is a Vice President of Commonwealth Land Title Insurance Company, That the above is a true Chain of Title of the subject premises as shown on the variance search under the above captioned title number. Commonwealth Land Title Insurance Company Subscribed and Sworn to before me this 21st day of February, 2002. BY: ditee.4.4.7---- VINCENT SETTE �y� • BRANCH MANAGER (1._\,i) / �— ary Public d ANA M.Single and Separate Search NotaPubll SatteofNow Notary York No.01-PR4911757 Commission E pI os Not,. 6° , { I -File No.: RH80020470 CHAIN OF TITLE FOR PREMISES ADJACENT NORTH: "SECOND AVENUE" CHAIN OF TITLE FOR PREMISES ADJACENT EAST: • "BURTRIS AVENUE" • Commonweal h Land Title Insurance Company Subscribed and Sworn to before me /0j- this 21St day of February, 2002. BY: : VINCENT SETTS BRANCH MANAGER No ry Public JANA M.PRINDLE Single and Separate Search Notary Public,State of Now Yolk No.01•PR4911757 Qualified In Suffolk County Commission Expires Nov.16,jpj • • File No.: RH80020470 CHAIN OF TITLE FOR PART OF PREMISES ADJACENT SOUTH: Lot 108, Map No. 2 Peconic Shores, filed 9-13-30 as Map No. 654: District: 1000 Section: 067.00 Block: 04.00 Lot: 020.005 Luella L. Mullin Dated: 9-28-79 to Rec'd.: 10-9-79 Richard Davis Liber 8707 page 348 (premises and more) Richard Davis Dated: 10-17-85 to Rec'd.: 11-15-85 Gary D. Doroski Liber 9916 page 136 (premises and more) Gary D. Doroski Dated: 5-5-86 to Rec'd.: 5-5-86 Gail Doroski Liber 10030 page 368 (Tax Lot 020.005) Gail Doroski Dated: 12-16-1999 to Rec'd.: 1-5-2000 Gail Doroski and Bruce E. Murphy, as tenants in common Liber 12011 page 641 LAST RECORD OWNER • Commonwealth Land Title Insurance Company Subscribed and Sworn to before me BY: �?IP�sJ ?'1/ this 21St day of February, 2002. VINCENT SETTE BRANCH MANAGER A. Nota Public Single and Separate Search DANA M.PRINI)l.E Notary Public,State of New York No.01-PS4911757 QualifiedCommission xp(© utl16,County_ a� MAK. 19. 1UO2 11 :39AM CLIIC RIVERHEAD NO. 737 P. 2 C. H. and B. B. BAILEY, INC. DEED TO DATED: 07/25/51 WILLIAM A. MULLIO & REV'D: 07/24/52 ELIZABETH G. MULLIO. HIS WIFE LItER 3383 cp 462 (southerly 20' of 106) COMPANY FINDS NO PROOF_ OF DEATH FOR ELIZABETH'G. MULLIO MILLIE F. BAILEY DEED TO DATED: 10/07/58 WILLIAM A. MULLIO RECD: 11/10/58 (107 and Northerly 30' of 106) LIBER' ` ` cp 37 MILLIE F. BAILEYDEED TO DAlED: 04/27/63 WILLIAM A. MULLIO & REC'D: 05/02/63 LUELLA L. MULLIO HIS WIFE LIBER 5341 cp 478 (109 and 110) MILLIE F. BAILEY DEED TO DA1IbE0: 08/14/61 WILLIAM A. MULLIO & REC!'D: 10/05/61 LLUELA MULLIO, HIS WIFE LIBIER 5059 CP 478 (78. 79 AND 108) WILLIAM A. MULLIO & DEED LUELIA L. MULLIO, HIS WIFE DATED: 02/26/66 TO RECD: 03/07/66 WILLIAM A. MULLIO & LIBER 5920 cp 548 LUELLA L. MULLIO, HIS WIFE AS TENANTS BY THE ENTIRETY (78. 79, 104 AND 110) WILLIAM A. MULLIO DIED TESTAT, SUFFOLK CO- ON 06/05/75: FILE No.1110 p 1975 LUELLA L. MULLIO DEED To DATED: 09/28/79 RICHARD DAVIS REC',D: 10/09/79 (78. 79. 106 TO 110) LIBER 8707 cp 348 RICHARD DAVIS TO DEED GARY D. DOROSKI DAM: 10/17/85 RECD: 11/15/85 (78, 79, 106 TO 110) LIBI_R 9916 cp 136 U4/1u/U2 WED 14:29 £A1 516 ?22 9631 COMMONWEALTH- 0002 11 '1,....',,,,,,-• t...t.dt V A r ll F. pt.+--,7.14-*VW. �a`y �' f• *�-i}' ►wWMPI,OilwapP w...w..w f'now..hr.. ,•d••�./n.ta'..fr 1.40.0,6,1 �'f� • I f:=. -, N. Y_ S. ;:i.,,;:,' 1RANtiNI:I I. COMtULT TOUW 11MTYIt sef01d1 1iG$ i6 TMlO 'V, ,'4,, ,..',...--,' . rnenuto mr.. A oras WMINr MUM La hum ss ismasTlRt;ONLY. 1, fi, ` } 5na.60It�1��(U�f!fl.��J f1/ '-'44U5'":-.„.;-:.,..,:':-,;•;S • d5 THIS 1fiL1 tall dr of Set • 1 t r e a flt made the 29 f P eember ,is•Rena hundred red seventy-pine , . J� + %`I '. . • BETWEEN µ•f. 111.,:.... ....t "K 11157.1.4,:.. melding At 1n0 el !turtle Place, feeonle, Now York t.19513, .wry+. < t• !1^ :. k • �'",1•41;`14. s Strong of the Ertel pall.and RIL91A ., .' i{°4" 07470 pItVI$ tlee1dihti at 91 Lexih9ton tine, Neys.y, 17.nt Jersey, f tt vYt. w tt ;if y, , -z.„.:„,.1,1"•'!. 1�t � { L{' J { , R6 '0rt�• '4'•t'-'1,.,','. t ;a r /�/�, batty of the semis+l Batt, '11 1.r�f q„, a , {0•:0 Wf1NFSSETH.that the pony of the fru pert,inconsideration of Ten Italian and other wallah:,wmidefation 1 ` e ^ • " `-a "' laid 17 the patty of the teettod}tart.docs her s. ' ". ., � shy'grant and relnse win the piny of the second r+,the heats r t;•: or.veaatcrs end aaigp of the pat y of the wand poet forever. p° 4 'e ' ALL that fes.Pin'or psetsl of `t� i t :DlSrNS.9 and ba1�. the Iroildinl;a and tteprwemeeta thereon eroded.situate, 1 bung at Peegpic, town of ;outhvld. County of Suffolk and tate of ' i r-,•2,A'.• ':.:1,.J ` IL, ., ---- ,- 00t ,.W r c New York. shown atad designa•.e! AS and by the :4ta Numbered 7$, 79, lbs., 107, 100. t,,:!,„1:47,..s...,,,'.1,. . -;'. SI:M.101i ' • ! 067,00 107 and 110 on a ^eosin t� " `` dam" I P -ntitled, "Map No. 2, Peconle ST14t0d', and filed in R tY '��*' I '' .,,,- ,•`,...'",:: B&Afx the Suffolk County Clerk's Offiee as Nap 00. 654 on 9/19/1930- i•:!--,,,,r-,',4-T ....,..1_, J 04.00 0.7 C to covenants and restrictions of record affecting sold premises. , j'�.*�;° �' 111 r 001.000 F"t'f, C '1 O05.001 µ 1 f 029.000 QQr� ��±± '' j 'i+ 029.019 • : G7Fr�S7 . •.:',,•;'•':::•'''1,11:•!:,:.!w' %hy Y I $ 'vl Real. 1rAIE• . ` ti,•'. .:if,-. OCT O fl 1978 �r�,{ ' J� TRANSFER TAX °z$,"t' rt.. Sl'r��0i� e1'"{ l ' ' ' 5r.-, COUNTY ` I,' ,..• t',I;1.i i I k M,�1r all right.lute and Interr,t,d stn,of the t r°• 'cit: t, }/ y!•+but+' ;the a:+i a tl.nrihea ptenti n 1u the center boli tQtnnrt�Ye7f:siI Ill-krt tw»h 6114 in tthe a�,•M,^.yrnar„rte ,f . a..!all tin ate awl snot.nt She;tarty 1: t,tJo r.' ' l rty of the first pan in and to 1414 prrmirrtl Tt) 11AV -A�l3 TO .If fiL>�t, _ If,11 It rhe•arr,t.ea h.•retn amoral unto the party of the srttJ>rtS nut,the hairs or successors and astigna of •• t* �s.e• the Nes) ni the,t,....1 p.rt forever. • { \\It tlu a , AXII II Ih..ts...t 4,r:u.tp•e 1•,•ri'nant,that the Inch•..f the•fin;limn tau not,b'ne of at'Teted anythingle:'-, - r. s nal .stn i -. ,roof e:a.unday wlaterer,ere as ah,rc,a,.l. ' , f 1 K-rat it.am• \\I,the I..tt• .d the t.rat pan,men. pliattre,.slit'.crehm 13.d the Urn L.,..irritant.Ihat the party of • ,• rig-hr.I tort a,•1 n•a-rte the r,iderrtwn for Chia vonvrsa'.tr amt%ill l.,11.1 the nicht to receive eurh muff!. rran..n s.a Iru.t fun,!to by. lied first for the parl,ee of prying the coal of the stn n,vem a en' d11 aplthy • ', •,� * the Aber se port•.t dye e ' east of the imprrntm rnt before ating any part of 11re total 11,r+•+. oft saint fee 1' f y' Lt { e•l"I art!”4411 Cr ntnafttrr+l els If it teed n!' tn:'ehettrwet der•eet•e.,S l a ?)n• ." INI„WITNESS WHERE01',the tarty of the first part has duly ektnuted this deed Ow 4. tet!'t-'lo ri shore ,I >, T tar fit sinrvr :" •;�,,� Its eyt'aevca or: f ` r /% 6.d :,!::.. .•ty k • • r` ut1lA L. Mt. 1 to ' ^ v t 1 i f{ 4`!I 14I 44 fl$U .1.4.41.1 .eA3 OLO ICC 8131 (;UMONWEALI'$ 421003 :116"14INNINININIalirittlirraliffilladtalliMMININffir—lint lift N _ - r'r':::,,,../..,r, .. 1TATF OF Naw TOR:.COUNTY OF ,;:t a• :_K ru PTAH 4F 14w vocal,COUNTY OF aa: • , .' x!r . personally ymtdar of a:alit.,; 19 79 .betels we! OR site dal al 19 . before me :* a "s'n'�, personally conte • ..,..\-„„,-.,,,•.....- ` nr. LULL", L. MLLL:O . rT f So ow km.,•t to be the individual described in ar• tih to me known to bre the individual drterihed in ind'vlau '.14• c �- ;,4, .4 ,i :aaer :ed for I6TMriae ;cationic and aticnncledg� that executed t uremenr, and rcknowla"aed that t � '.2.- eaaePlteB she same. d the rtei •/ 11 : • r'notary Public iV ct"44J�if ,,rr , t''''';4'404.• • at tr )1', Valli lkt a! Ltir •mu►rriL14CATpIldT .. ,r1f, ,r;_ T TL poaA et 1(aetlf. l l.A ,4'0,'P'41.•-.,:;-. ,. �,erSW datum I.%41171,1 'tv • ., .1;.... -%,.. . t "fit',. LT.T;01 artver row.roomer W ° ,« -i ' at, state or NteW 1101111,Cau e4T►et (N •„'t , fn of the 419 of 19 .before me (ds the day of 19 ,before me x '` f �'�' ewe as me known.who.bei 'frr roe daily swam.did � � b rfg wieners o the fo r 'Y'.:141,..',: t,t e k he who. at p, sham I am depose and the sabaGM ., . h '1Tihbt lel, with r c k{ swots,did depose and Phil he resides al:�a r S :'I < r.ut he is the II : "r.! ti el that be ImolaI 4rr ,..'{-•' .i.'c Coep:.rarias detetiled in and%•bile egteattd tete f 'r{, foregoing]nNirane►q•that he ){%,,,,,,1 ,M kamre 11w seal al raid t'orperrtioni slat the te{a�l ahold detetIIbed in and who mutated the o fru nghe inditumel 14I pad t4 order of the o bch of�et�eteal of n teal; that us that h. mil teneubwriling the tame;andsdna ftut p i .4.j o I T t dDI.BM that he s4fMd h fume theepp by Me outer. at the tet that that• he.mid written.. „ " subscribed 11• name a tritons *bents. "• 4 ti hI f ,t. �, • , •, . . $ a0::.'$;.•'"�h. wellm aih halt 18tt8 � I + v • • Yitr,tt;UdFvA�iM./R,c6Yrrrl �'.i'^SACC . SICIIOrs b +n�ti rg� t"f.7r9 fr �7 BLOCK r • Srrr 'I t'0 LOT L. JYJLLtb 1gyA gtttoi ato tTOWN rrisaLD Iii ; ;rt m i� Ir ,v , FICJIAA[I >KV1e .'r 10-, I 1.1%.-". 1%-". . pa,4QlT at 06..1,,.4.M TM T.Ia Ms.rr)o.4 rw,rwq ,pial y`Y') ✓ ( . Ilk_ Tt uN ea MAIF TO ': f' __ -- .y .�. __- r) .1.:11;‘-:;.1-. ) 1 1... frarl/Y•44.1 play.Y6a vaAU M ran aao ones is / i .0,4'. N �"'C°~ COOP.r i tielilltyott, trees. • : TTTLE GUARANTEE* 1437 beer Palk Ave. v • 4' , ,_. tees P4sk. lien YorN 11729 { ptto*974oywY i Atkr Leonard Cooper, Peg. 29 N' a 'r t • :'. ' '.:'.:'''':::41';•1:::. • 1 I i ^ r. = T y _ ' a 2 t - I • 7 i' • II : 1 i ilrc . $ 6- I, i,',: µ ' 5 L • 1 1 3 Y z. I • > r. " t t_Y • .k 1 4+ y. 111 R•, 1 _k I c IIW is, . ,._ _44., a` , F. Lei twYNtIN dt ' �, f '' '161114 : ct �t+1d Mt 510�1f�11t�M► F � + a•+y n.t sol Psi' PI -*i llp�p aq UPI Mtp.41 6" _ '►l ....„,:i...,i ' t•t Haat ma r••.iltsd•.ps'+ 411..pl"1l"••a al um",,A llnd it M4]. •t N 1 . '/Nllltslil 1lwalt 1i1 wool►'N fall 1 W 141$ 1 ._„_sus“ail P Plat pad Stas Pupa,a stop tuattasaadlut AID 14 tw y'P 6"I I11d • a41NNi11.04 i minago is :� ! „ ' fou a4t lutiui to t utiautl ail mil 4,14 pool h { i ram 'c4. ,' /kids IBS w Id 4* uP axt.i+++lt..not Au'wtsw&'4i' ','a•o a.ipMM1 up*K.d fug aft . . - p Liu 4 .eto Iilli of 1414 *61 tK1° 1' P[lard�ti6 lagl quslu�o'a.art alio i aril 1"TI atWta+±i 4l'y awrtN4w.a w'Itw1 Kty+4t pi,i1a.d sail'INN 000'oLq I '.::1 111141(111 •pd.7unp.>t 14*a hatai'i4at ae.LUN 'u laarjmn:ntr 4x•11 aa.g babinli'L ITN*It lo{31 44* 000'ilC f. Iuiylcu.pal.ya►. m tuap plat 1P4 Pal 111 PP i' ilaut.111 11"11 uunlaam'it'd Po)s'P to ilo•I ails t1.4Y 000'Niib,wl . ti , ',• �' . 000'f/00 ., IN } 'asaaat.l 11k'I pu0aa• XV W Lildi aril i• '� ' ycr.10�a1 M u .4l'lad1'moo X41 so to 1041 owe psiiMt1i u�auy.:.•hoot oil 11 1011 CO'11d • _ -. � 010$ pus 1640.3+(1 t a6 Pus MI 1+.d "IV fail la Altai a,l{M'•Mi a 144 Gino Gs so lour pp•tgp "s 1 �lownssatimai NII U4*115a1I 490.1,Ira Jwl 1sug saw)aql PI a.ti,ua,t1 Iwlua.rp sat.te a4{Palgltyr%INN y • 1 ' pus r11�tw Augw Ogg Iq u.'�PPAP.y{14 I6+e�d age'Id'Air 11•la.,.wi pow ai11i'I4 II Ill WI% il'itl.L'•I.x.L. 0001 .'�1 1• \1 v>.v`b 115•i►I ! 1 > ,IVK livt , .' I. irr4 i, ••W ! �y 1 t #.,, NI it'll= r• y .:• Ic s i r+ r ' ! i '� .!..,,••-..,,, } s: r ; ' � *�� and 3a3T] s •�t f , •'ti4E PPa; 'i 1p aM4T>, lit 4L/6/0t 'lPjaaos !6L/Oi16 PaluP Papp 14 1 ;. f ' a1 • a11I1{O i I:: • t eta ps timid 'Ss A1) p.L Allot sas its7d Gip W o3 Pspu illi pup =` ., o Na o anal iaTslraa pato •luauanoa of 32rgeiQ *t .. •aroTsoad Pros fuisl�s;Jr Ps '• i t `' 'ot6tlttl6 ua 'Is4 'GM doll sv aa1)T0 attlaa1D lilma9 `�, ' • ua Pea ulna;aa r uo Nto71sg IIVi CO W1uu ods 'Mss 10111 alua*aaj ay 'oll dull.. PI'tITi a . . • as .ID. Wa 1'I Pu* alar tiaaoug=uaP tofu a r t + P e Oft pug 601 Yot •LOt 90T 6L 9L P �' to tltlaa as 1 PI1)LI o Laot 'P10113,440 otloi f d u, 1 t 4 4 ; 1 pa Map 7n prop Pala > naso$ ; s43 411'Plot ie pond sa aavid Sold • �." 1 • rsli.tpi» ,uo 1 PAWN 1tMt l wt)u 111rt1 agllo.alllgtl. i, a Alga RI 91ui 114"1"1 .µg4+tgww ra"t''.,od p :44 upxt n osa M w Pu."MN 1 liaL P�w"apirawv tq hird 1<+U s'66 M+A1 1>�i aaottvgP6 'i1p1 p40331+461 t 1 '' '5£6[1 'Nadi Mas •otlVotiolt 3 •oGGII aouu6i SE • d t ;1 • �� s • as PujPTaaa 'I 5ollp4 •d A =;., i i."'., c' 4. "�.�..!".#X11 lo !� Y.� ••; J `• \II + 1'; A I.,- -, - • a l} 1 11 J , . 1 �' 1 7 A Te'l'•4 '1£O'�6 *Tuao;ltoo 'oau0aaaatts 'itoxiD Got 3wa Iit • 'i "i in'-SliTingal is va aavoiu )1 1123 41.32 ....k'.:'•:, + �tiFaarW+_ -• t aiga1{yu- P1 Matt atit'twu'+vt 17tli l v� * ,x' I, o+►i3-13y6T�Pug pasPmt4 uv Uglily rs!' : ,fig,/. • •. .r. .. 4 ''�' 8/V .,.I!J 9 'ON. VI N iaraOaar 1R•IIM/I�II iWt—INIwI��P��t� v., +�ui{i*y*,��aYW4 • r;Ay,r ,'01.,...�1, OV 4)IlAI}I- 1111�5J1't�1AIrd I::A 711(17 '0.7 •07J , ,i,, "3 -5-5 -1 , , ..,, ...t. .. ,,,, .t, '7 '.'' : ' SOW" `� y . � au,,,a, '*r 1.r�11+Q 7A11 r►t1:�d"S' tIM ' 11; !; .,'.5 ..wr 1µ4 WA i++«eF 1RI 1+,�r" tea+-WAIL PO K se Poi*a+4 o'i°'",w ' :j ! • e Ad w up rrrLlr4 1 .at:NS•94 41ii�M e+1µt'• *yM tilddf .r Ill . .1►w�µ ayledurMVP wap w a�,•1i�11+M1 ,�.TV 41112104.110, , ' - ,a►• ...1.•L�1U fi IPA+� sloltar�a'M�°'11�v �1►41106'w!F Ivs 1041 i1p `� .'; 1I ray Ip w'.wlldVit:141 p nR)ay1 wil i __ 1� 11aMi7O,"rf"b ao wa7L, 1[Itje. 0 dill _ er•• y.••�.'iaal 4 ulika a1M i r*1�'� 04 ill 11111 nc,i, ,.!I cc•i o w q maw tug jars 1.200 ,4 poo+M, al4 r rr ti+� •alp u1rr91s:,E OR r 4+IM M lAll a�{wed raF a{A.IIM 911det g slid p 3�!I,l .Ifb1 r { 't• ,eZ fAap�IM/e1+1ipI, nor aqq ab' 1 hl urd 1r"iaM1�alis Ma rood�']I}I(ri.IFr+�► pa. rr1NI r ropaapgnivi •pra e`er��r*>taaa wl ljr a�'wM I1 YIM 16mN�,!w Lam.'IP P MP" "' 1oFr q`n"PO .40. 46 10.••0110111r101 1104100"It allimit 1/113411"11/16 . ' ')ir:', -la. 1$YAP al rill 0J1'Mill 440 4M0 M Mai le P'AO P ih al.ilm 14.-11A1 IP IPA Vialli3pi `1 r I i,/ . i *MAI 111 • . r,;, 1 ` 1 9 go • lam 1pn,,,,,.,1; 4-..•, I ,1r • + .•1. ,.•. • ; y . _ ' .F4, r M U • i t. - ri. �1 I r cfe..,I •1.'Zai. •"l �.I r v • . ••11.1, 1.11, )+ ...A .F lir �I3"`.7� :1 1Y••', •• 14 v 4l y,' L l t 'P,.f 4 ' ' /y %nod! Dr . 17 014'10 1 WM% -; a , a o • M„�, ' 11P06306 Qi se3� LI, s41a Pts4 so I,Meo' iQt a ea+lt1�4 SO as 14011 p•s! 10111 o� � r — =�yi I • :;I , ! .` I spoons* ' !w' � ra fa* qtr 'onto WIZOI i1 ...M. V . 1 ‘11 04 irlowS 00 13/7111 ., Menso mats Ix W !o iss30ti+b 3O , ' res 'tovial os s:a u�a i , yS1i11j".isd 4j «O !Ol 141 01 i1 OZI9 ZM10[ ts 4 smut* 1= R1,4S 'costa 0$2401 AO ant ZaegrM ' + - • _ ' • c Aonsol mulles 11$ ratIs ..$444141S *tawny 13110 �.' , . 1"41 � "10( �61inea 03lr04i ew tlM4 90t aApAsI1140 M N mamma , 1 • I :•: LlssirsWls4s .qs,s+ wield 11414 M ' • ;i•; ts+,o''Ita! N jsQjiO4 04 64al 34.M* 3° ,,,,Pr...,‘„"MA . ,,, 1 O i1 y'C , l4 'aW/1114 1a a3.llot`ra, M"l1 Siglii.°311 x) #_ ! >` 1,,1+,• sltaf Ws �ta3i/ j I$0C $qI WA' !a t-• 4 , 17 .1,,,.4„}s w3rjVe 4r-+mea`e'i p14 ,w►f�a.raft 03480301111,12 s>!x{ail wed 1 I • ' 1 •yam lot sjrd t I°L� t°103 s nip hind ry ' h ».+.aK,1., Kt L to wrap t kinta]I +qd> 1 h, . alp_weir`KL 'S3....M#. tk' av L' f , l •aq�r••tr, `PW u1iMldq Ib ` , S vedt'a'�,% ►Ip►I�I>ned \XF ' ; t • ,' I'I - .''',..,:".''4,1;..t �a- 1 . 412", ''t 'fi•.4 1 z I a;suoll 5Z► a* r;+ x •ZSISO*Cd 'Lir) ,, • ��'yy W'05 1� 1 • 1t• P, 3w ' tu - q� 4 ova• 4,',.• , � . ' n� 't�t 'tt�r ail.S'Lt ,,�,�, � ,t, • sanSo4 a dpi P' ,,, + a�P �71t1a1► '"O i'. al',1",,,,,•„• "11.•'.':'.11 ' Irl ` ,� "' aw wvwnuswsw► w° �"°` ' ,'+'I�e+°'1 ° "$,: ,. .mtidglow%1talstln ;� —Ud i o/"+8soM'►rc.•mit[—'04�+M"r?A t►r+rK. • • \� • �� K :M1'If Mel•' r- y 'i a1 '1 z•. lii An �. cVt"^4 i 1 r. .a..a-••'r•1. . S 1 1 '. C� r'"If1 Fr ' > • I .`" �4r ... r r i; v k,1, � �4 • 'y tv A ',' J..'i: , 1:;..$/C 'd 99 'ON O'd3H�3`AI� • 3Iil� WVZE 6 6006 '9Z '833 ,. r�t15• L6 LOU/ 9 j1AM CLIIC RIVERHEAD a c1, _ ._ a cy I 65 4 , + ry e b k*, t. A b 8 ,.4f�� , .11' ; 'j`' .!"RN. t JI S: � �..fi: 1M1 i '7b'-ice`y w�C y t� ryC`�`S+'C°f +� ± .i�.�,•y4y',t;,i. �r � � 1' �r i�. i`. 1 .E (7, , 'r`�'• '"' I ijtj q ' '4'lti•[j c+'e 'f,J'�' "t 1 ' r"`:• ,'� ..4. •sl'at 9,' 'i.'l� Y :::';`,,:`,7. r '}1. r t c*. - 71i.awra t,e a t i tom Ion2-I 73. .I4I.+t Sale Dose woo C.iwa•Mlt mood Cr&�IAd seine All a Cwvv'. '.ma's 14.0) �r '+ Cr*S*T You!'Polon sty$10.41 MG THIS weilittabillfl—tt 4 tHST1101UNT IOOlu.0 SF US10s[11tWffla MO*I ,3 r a,...•;,,-.2,•:%'411:7' ri�1 . '. "*#' .31e 114 fR C :1u ' r '..r.'1,:•:7,•'.4.'' T1W INDENI1JRE.made the - dayel may } 1 nineteen h-ndred and eighty-sit. .;,`* Kz ~ F�JI" • • .U'• f L .'I-'•';'''',;:1 ", 'I- \ i7. BETWEEN GARY D. DOROSiCI, residing sit 1116,15onet 11 Lam a. entahague. !• ;,\ ` , a . . Nest York • , r ►ti t • ' . t� , •, ,0 4 !� pony of she pro sod WART n. ookOSnI and GAIL n1OROS1,1, hiil,�vf•ra, both r `t` ' ' ' �`' residing at 425 Mtonsell• Lens, Ctltchogue. flet! York t ` F y F ..-!:::,,;;' ...: . . i �iii • - . : ,,,.1,,,,..:-..,.. 1r • .), party of the second pats. '11 ( a 1 •,:';;-.. • `• . 11 SElliVibes.lisle psrtyr of Tho first pan. is co sidetation of Teo tis•lien thud i.ahcr valuable own! r ! ? �'r':r .tits paid by tai*party of the ueond pot dobe hereby ringmai teleital unto'11 pan}of the sec nd $r . ' '' —phis,tate obis stud assi�of th0 patty of the second'pan foci iv. -'k,',.........4,.•(+ • t C a o1, 60n .1 . , . ' i r~;'- "=' ALL that emote plot,piece or parcel of host with the bonding;ted impro x 4nts thereon mech.-J.Nita- , ,`t ,';...,'0 Y [ t v.' - due.yin bells hp1t at•Petunia; Town of Southold. County o Suffolk cod Stott '' tr �` • 1000 TOS of tnewTutt, hounded st►d 4R><aribe4 se follows . s , sl latlilti: at 'a paint at the ttuutherty'alis of Second Ave sue .t the porthuetitarly r icomer of Lot„IDS end the northeasterly corner of Lot 78 shown on "Hap tie. 2 o ,�' II/Iconic Shores" filed in the Suffolk County Clark's Office as leap Ito. 654i ' c� lilnG 'TIERCE sloes 0114 Lot 109, mitts 35 ditreae'V37 nlnutes 30 gerunds bast a 4 4' .1 :15100.0 feat to loot 105 thorn o0 amid sap; ''t > '1RdKS`Moot sltwi 1,hdl TOO. South 0 degrees 00 Ideates 3C seconds Pant 92.5 fe.'t r 4 - Q-13 CO to fat 00 ohms' out said naps, .' '' ; 1 *1 sot soli Lot 80. South 73 dopers Owl atiautes 9t &Oconee Bast 100.54 lest , • 'F.(•• °. , to chi easterly line of iluntingti' houlersedt THENCE 'lows maid tantorly /foe. pro coureeii, ' 1) North 7 depues 39 minutes 30 seconds tart Sfl.O fent; thanes �a - -�}', , G 2) fOrtheely to a point which is North 10 degrseo 10 '4tnutee 30 saccade Vest 4 ,r 62.11 feet from the luatMdeselitred point, ss1+t point being on-the farther'? line p[ of Ssmond Aerosol •i `� 1 .•M•. .'n{r - Pl .Ir •k�. , Ile :1' M`\ • • `.. . v •: -F. .1. 7. ;,.1 y+ y tit, , t i!x ..•{.t .t ,t.' '4' '.t ''; lam I t. •q -.w•l.rrtutrr it: • :, -' 'SLAC*slant ssid'[OcalkSs ly duoss r#tor't h 54.•degt her 12�s.Lantos SO-seconds last ((••• A ss+ • ,,., Vt . - ' '30.0•'!•Iet N.rhe hint'e f`atltnMillpltL"(l I pa.►'ih ,n•,, • .x,,t... ,,:R t',:rp.u.% , .', ...; o .• i , ' ' ' ..• -.w- . •r+wq u. t Ain r tt.l..w.,t w li 1.4 . ' .! . r +. t ,, •.utNr Iws.l.7.tctiup,tt L, ., � s'vt r'r 1 } , I •v:. '(: . We •.. try. pt's- 1111Aski„ aim , 4, '' %I, 4 urs •,/O iv•..•.t.4(Kiwre}erre I ,Ix• Y., 4.•11, , . ,I.i •t['.t, i•yt' Mtfp �4 , ..,,r.,,,,;,,,,', 1 • i. .rY �F43F1 T �'. R n•.' ' r” �.{ 'roc," Plat r,_ • COUNTY " TOGETerfat birb strrttdn.ikle and mte.est,if any;at tbd'piny of dee City.part of,iu and Io-any streets `. and roughatones the atKlvmde.eribed premix,to the mom,lints*moil; TOGETHER'with the Am .1; j femme%and dr*erameadd hoists of the perry of tae hia pert is ail to sad prembe4.TO HAVE Akb ,1 .' di, 0 t[)MAO the premises herein granted ugro the pang el the+•sand pan.the tells or s,nmoor%and.dawn. r all the party or*gigolo;;a.1 Weever. t 1 AND,be potty of the Gni parr covenants that the party of the f st pelt hat not dons or st.ffercd■nythtns i t. '.i....' r. whereby the sold premises have brw,a encumbered in star way wttatever.eau M es aforesaid. •> .,;` AND the pony c'f the rn r art.iii conepition e w nit Seeti.�s 13 of the Lice 14 sr,couleets that ibe pony of ..'i- , rbc resit parrw 4 melte the cot.ideradcs for this conwysnte and will Mid the taper''7.crane ouch ton• +► ` , s ' I.. ,, a,deratws as•tan food la he applied*IW for/he pipe's al paytn©iht ce 1 nt the Impurement and will . , sptif rhe�tint Nate pe)Aget of poop if Tye tenpwovetneni before to tlg says pan of the tcnrl of he ism tete say tehtepifpseee • Tilt woo'pai mord ill'If h', Cpl atltue+'et the leer t of thea•tedemun1,Io holt • ++� ' . 4 r r , y"' r^I t r i. ., s re■11,1E$S WMEEEOF.tat potty at she fast psi.has ddj attested this deed rho day snd year Inst"boor wine* 1. ,,i..1 , , aims I l•.. W." ; I:rPRE$,!l5 Et ( }{ i'.11 ;•10,,It tin ' :S}' \ 1.• G� .r '4f. , ,., • FEB. 26. 2002 9 ,33A .CLTIC RIVERHEAD, , 3 , ., 656 - F. 5/8 ., .� " -j$-t4 1• j Ii.t4WWW . 1r .I4 00. .rVItM 1�Sao DNA IIIA ted sew Guam m e M�If1 f y* . f . .'',•P-i".",.'+ f ; town vows 111MTa!gtttOd lNOa1Ma0 t1Ns tlttllat/Mlrtr..lapa IrpTllttF Aad SHOWN tlta0 K aAtr>tias Mtg ', . . ° ::- 1., :r< 10357 38ts. i Y ,y / a1 IM p 11.10.r,made the 25th day 01 Jute ,morales hundred aodeightyseve8 ' ', a e / SETWEEN GARY D. DOROSKt, residing at 421; Mos.seil Lane, ` • Cutchogue, New York 1 .;,' ►', piny ot the Ana pan,and STEVEN P. SANDERS and RIHONDA SE CER, c/o Ronald ' win"lar, 156 fifth Avenue, Suits 2222, New York, ,, New York 10010 , S • Y• . , • • ' party of •mood Piet, 1 Vi l TH,that the piny of the Stet ppaprt,in emieidenlion of Ten Elba and other Table le consideration ' { ' L j' paid by the parry of the snood me.does thigh),%rant and release unlit'he party of etre nixed pert.the Matt or w 15,,,'„: . .;r camond a ora and assigns of the parry of the pan forever, ;, All that ands Plot.piece or panel of land,lith the ladling*soil i oprortmenti tLeteoa eta i4�,*emit.fytty%sodtritlgatiia at Peconic, Town of Southold, County of Suffolit And .. State of New York, shown and designated'as rand by the lets Aumbered .' 109 And 110 on s certain map entitled "Map No. 2, Peconic Shores" x` 1,f;• and filed in the Suf folk County Clerk's Off:ea as Yelp No. 654 on :•Y 1 A.' September 13, 4930. BEING AND INTENDED TO BE the same premises ate conveyed to the ti • • .4... . party of the first part by deed dated Octobitr 17, 1965, recorded ' ' .1! November 15, 1985, in Liber 9915 page 196. I,F. .,,• i, • 1000 .. a �a QH I,R ��4 nes T'' 1 ti '' Q6 i is.,• r' 4.00 • s t;� �. tdl't , ' • ''' 020.003_ JUL '2 1987 A i, i 2� Lr" s.: :;•!1-. • • T(M.t:T1.ill,Nith alt right,tide a..I i.4erett.if any,el the piny of t to(arid att hi and to any MONO and • • - malt atadnit the.tlw•ve dem fibril Junius to the renter lira*emit rOGEI'FIEk wkh themptrrtenasoes ',O... i' i and all On sure out rights of the Pyrty of the feral part IS cud to i+aid ptentisef I TO HAYS AN!) TO . • i ..` ll(Il.h eta-pre•nirss herein granted tanto the patty of the accord Igtt,the heirs or anaccuora aid mists of the patty.d the second put forever. +; - AND the curly of tare rat pan ravrnalat that Ile party.e(the tint f lr has wt tine or suffered anything • • walnut,),no ...•1 nrerux.rr.te Ire..r.•lumberer!in any way wluter,l,trrept as alupelaid. • ��t�.Virian.in compliance with Sectt.lo 13 of the .inn law.rosenants that the pony of •�-t' i - ,i , 11..•a dans last ran+i.kl.Iwn fm this conveyance and ad. hold the tight to recent anth Could- i rIA > seal�*is 11.1.1wd fare for the purpose el paying the out of the improvement and will a wry i . • the~tore e. R(pnent .1 the tuft of the Improvement before uri rg any part a tl he teal of the Mn*ht? • I i,ta •, any other plasm. . !r n,r.,,.rel••i.oty",lull be o.n.trurd as if it trail"paster'whenever Its sense t this hidelitun se requires. ` . .; ,. Inv/mita WHEREOF,the party Al ten panel pert dutly esarutq'this reed the ds sad Arst abaft • wr„lea. / y . ' IK raasaMCte Oi i �'~”��'''..�� 'tat / f 47_1) 1:. RW—iirIl<Il< rEB. 26. 2002 9:33AM . CLTIC RIVERHEAD --- . • -- . •" ' ' NO. 656 P. 6/8 ,-_ ' 3^' y�� „r, N.44,,+7 : ti Few WA. •tgµeand ldeOwa, Graeae,9"pal, rtr-t NI4,.rwl.el 'r+` 7 " e , :,14.K.'"":::3::!..),.. , u Ms: ` tonna Toni worn Or role tIOMtttS TIM P511111 lrrn-TNrs Mr WMtMT I is pus�1r LA 4111.! ; . 10357 48544 `r '- 1; ',a..:, 43 ,.,� THIS INDENTURE,made the 25th sky of June ,n=teen hundred tuft eighty-8even : .I e ti 6: • ::sl . , • GARY D. DOROSKI and GAIL DOROSLI, him wife, both ,, , • 1 residing at 425 14ansell Laste, (;at:chogtte, New York = t � � , . ' `' o F air f f'it ( , 1'f piny of the first part.and • {0 ELLIOT W. SCONE and RONALD P1. 11INKLER, C/o Ronald Winkler, 156 Firth Avenue, Suil,e 2722, New York, ' . ,', • r', : ' New York 10010 ` pe►tr of 117!t+teord . W nassE1'!E!,that the pang M the first parr.in consideration o1 Ten Donate and other raluabk consideralkso 11 ` paid by rho party of the second Iran,does hereby grant ?Jane cad- ant 1 the party of the=and pact.the haw r`'. 1{ • at,wawson*ad seism el the parry of the eutrad part forever. ALL that wield plot.pitxe or af with the ant improvementstltetltott owed, situate, ' !, ,Data bong bodes at Pdconicr C:oliw y or SUrfel Lk and State of New York. i. r shown and designated de and by the Lote N'ltrbered 78 and 79 on a :',` } , `:, Curtatn map enl.itled, °Map No. 2, petsoni�, Shores', and filed in .yi;, the Suffolk r-ev.lity Clerk's Office as Map rio. 654 on September 13, , ; ,, 1930. / r a I BEING AND INTENDED TO BE the name premise) ae conveyed to the .,; <'r• • party of the first part by deed dated May 5, 1996, recorded ^' ' I. ; , May 5. 1906, in Liber 10030 page 370. ' ' i •l;+ .b • DISTRICT' 10x0 " • • ' 067.00 17 $4t0. -.." . I ~ ` J �,�,Nt',f r JUL 3r 9987 l'•,r' .i ., LOT '� TV:\ 1 ' n T��X • .�,,,. ,� M.,004 v�' - I K i at Ura'•ti" r' Cf tf :1:I 111:N with al[right,title awl interest,it any, partyof the fent part M amt to any steam and towiv Aiming dd.above drterihed premises to the center linea themes!I TOGETHER with the appurtenances i • p' ses;TO HAVE AND TO .1 • t Ili tI, IiM11n the 1 3 he Atill r l t;ten a,led unto the party of the ieG'rnd pan,the res the party of the first pul te nut to said ear�6rt ''arra andAssign Of ; , r the party nt rhe anond pa/forever., 'S 1 c Ek -, A:v{i the tarry 44 the hat part cotenants that the p rty of the Bot part has not done or suffered anything !' I- `r it it yr leen ertrnnhere4 in any way rrhaler�:t,eaeept as aforesaid. • .M I e l• • r•,part.in enntpliatrce'with heeling' 13 ul the Lien Law,covenant/that the patty ne ., ' . he •t Q he crn,t.ltraoun for thin etmveyanee and w fl hold the right to receive etch<a,ayd- '' ! �7flnd 1 1n aiTlir.l fir.t for the Pam of p>•ir. the co►t the im ,anent and will apply Ow+nate Its u.rb-tai„g,,t of the arae'of the impew . }, • ,. t any other rumen. pro►er'rer7t let,..o til Ing my pare of the total of the mute for �r: i% The wont"part;".hall lie cowmen!as if it•tad"patties"whenever the senseal thio Indenture an finlike", . t04,wmass%motor;the party of the Bre pan Ilea duly extant 1 fhb deed the tLq and r fiat • } •• year don 1 I IN r.rrtx ,r 4 ;t .., ,' '0 .f�'r �i� 41..v...4.rusi-0'441.7.......1.44...............,,xaoRo� r ` D,tosx= l . . f Ai.••••LI a/1V icc uoii C0Alt 0NWEA LTII �1 , 003 �. C.; . f} y. 'Jr/ • III i:,I!� "tN'-I P.-1, lo'• r� till 1,'.I4...a v ti.f f er ora^� '•u:erey yd,' . It �, •, I•. , w ` ' '< NT ryG) c► a ( F r r a, �► r r e r r ,t, a.M ., -01' . ';', T ti i L . r r V!' ,r4 t+•r it ►r'+I 1'J lift a, -6 r S•:c:0.1;:•,, :i �r I J a s .r Nt u I L SJ fU,,'.4*, . 'f� 11h i I , 1e,IlI ,nh1/1..1'1j) 1. •. t'7y� 7� 1 1ir'h t �R�'tl1/.7.!.;A..4(11,;.'1:1:: hr'r �rY,r y :,...0:,..41.1:11t 1 �l 1, .r, ,1,.'1!,;41.. )' r Ir, e, ! l , 11 ;, y,, rii, (4 r. J rRl N ',t , Y.r .+. 114i, N l.• �Y .� I',•.�„ !I..11 ,:n.,rl ;air• . 1 1Y. O. / 1T� ..•,••••••/ rY , ' ,rr/ r., , �r , .tY it .I r, r' ,k, I r J, •1;:.y 'p'7 ''4 IIcrTl 7, r, / :''.'••'.'••••,!...' f I iti iGi IYPu,f. tall' % wets , ' y�,;/IS`I .1: .i O%il`I'::'•"'”'I I•r/urn r 1 I u I.e run •I • �,:.. ..,.tans-11A D...........r..,n.,.h.....q,-...,A1h.r • K.'• •• •1 r >� 1111� FIr ,I` ConluTrowuwnAAnew '�'+, pi • .0/0E1,4;06Trrla,/MIM-IMn MrI1NM111T fNOtRD h Wt01y aA1e't■Ib OelaY. , R�, .j `� j.�� ,1fls lnotarTUPi,mads Ike / r I� 4bi�'.1;1I':v ;( y 4, d br„nry r , ,1 ��!G:t'•• . .1 t r"� CETWLETI y mnerrtn Mvdrtd a,Ml ninety alltht t'11�ef.r�N(lit.R: , f'I; b1fJf 4 P, ¢AVDtRc and RIIONph SXXBR 11/..,...50,1,4,1,i f:tlll,t`,�r t } a Winkler, 1.40 r�I: :/ Ronnld 7 Prnn Plnen, S,d[o If19 1'"- ' ,r• I.*�� 1. I1 New T rk, New York 10011 , iaif'•' `` r 11 r^I 14r�'`„. y Iii I�4r11 • ,,fl I: rls :',1X. f , {{'' , i...e, , y 7r 'l n�f(i� f' 117 of IM(,r„(+,7.,,,d J 1 ��1tt11�.7'', f tr,l"jli :,1 'a 1;;'I+�i,;101,10.jI((MIAl,b k(Ntct Ck and k1104bA SCXYk rl�,.�'�plfit, �ru r ', :, c,o "� dlf. r.,nnlJ utnkl�r, 7 I'�nn ['kin, Surto 'IA10 t�f,t'�fG'n�/ ' 1 'I ;i Nov York, (fry Tork (0011 ( Ih +:�i f i•St 1Ari� 1I-7•1f1 ;.. �l r..+''^t•T, :ti1 ' a4�j Lr I'' l !;t1: IrQQ11 Trtltr' I: lyn,0l the.mood pa �jlSS• '? 1, yWTTNGS3ETF1r Thr)IAr pnry a IM Lm M in ton k rnlrn d Ion d.mr. LI!r r r" wid 0 IM rl of tM aKOr,d n. `�y 'O4■t1fR+vt�bie WAlldtrAti■,A 1r;Mi` or IuO7IN PHI/arri d Olt Mtt rant and fekur unto the party of(M mtood pin.Ikt mil f'it;h rIA,, r� !M p N the woKd•i ft tY' 1T1• pan lorrwr, 11� ' `I All That...talo v'w.Mae or)vRtl el IaM1,Mio1 tAr M,IIdI•n er,d rpvr fI 6 1 :1;1;:.:;4:!.'?:.1,:`,4,.1.;,....;..;:,.."4'4, • 1111�{I 7JFVF�p r I rq anQ klnj lD,llft nl Preonle, Toalt, o/ SOutpold, Co4g1 0 J •nd�tlid 1A �rtfyl�►•,.it's Stets of M,N Tork. Phr.vr) and QralRnule7 ■• and by the ,Iota nu b.Ted 109 and 110 �'.r�,�}iJl��j II f,' �1rif,lr OA A eerteln nqp entitled. flap Vo, 2, Peconic Shore■• and filed In the Suffoth...Ai., ii` ' ff!!I;' „ * U.. County C1vr'o Office an Map Ito, 034 on Etptanber III 1910, A t+A.,;.1'•~ )1i.:1;1411;;; ;.' DISTRICT 1 ilr�,IJ4a1 lb. 11000 • if ,'1I� i ' ,i3 ,451i, r' t'iTtY`I 1 ; 5tcTION r 114 qL•, ' t • • I rQiw,l'1 • 1 d ti,,I.Y•' • ' i'J , ' qr. .) It r l 1r�'ll.e. n' i i �'�jr,•I 5.14....O13 i,111• t,,T'fi,•. . +1r�� , 4r 1!1 r,t. h jil'tlj�� ,i'`' LOT 'I 0., rill,, i II l)r' r ;' N' '�f�h 1ll .1,11,, 1 ti li .•.! • i X 14?1,IY,'I;ti,lr' ''''''L r r t1T I{4�.rr P I iii' (1i ,t Y, .,tl Iii, I 'j' 1y 1 4i �j1,: 1/ frr;'f r r 114 �•11.:P,',..:;,1:;, 'f .' tV,' '1i •I r• r r+ lr ;SIN{Ilt�r'�ir.'.- j 1 t`, , 1 .'Ire,0, ��Nt.. 1. 13',10.'11..':)';',:„... ‘r,11+ 1 r, ,A a t r,., r ,1 , . Hal ,$ •;,4! t �111 ,(r t11i tl,�' TOCETHER rhh 111 rl�hl,lint and Inlrrnt,it 1'I I r r , 1• kill, t arty,of the terry Of the Aon pin In And la an : II •, • 'fA` l�;' mad,abutting the abort drerrikd prpnlw;lo IM cooler Ilse the/1ml l roc 6TiiER wub ON i rt t� :,1 '144.L. ,��a`' r l.: and ell the Dote anJ rights Al the party of the Ern pill rn Ind W uid ps ,Lwi TO NAVE AND TO ,!; -l;•••\!.'.4,..;;I, :ill ;; Rp� .,14111:,i7-:;,„- IIOLD!hi prrmiva fwrein fhpnr4 ymo the rt at the mond n.IM hits or.ucce,wh and&e.ip,l d �5, •I•y tl II l ,,j the pony of Ihl IrSen,Not lamer. I 1r i....01. Li A li ,/lr. s . lI ) ',I „\ Lr I' e f AND the path n1,he Nit N11.in rompli nee whh Section 13 of the T1rn Lew, ,,;' 1�' { �wr' Tho Gr11 pal,will weir(the cnnu,lrrtlrvq Ivo Ihh court sort Ind w ep„tnanll IMI the pony of 1 . ` ,0 1 r ,r f III hold I1h rlahl 10 ttetl.r 1pth teppl ,,•i 1 tt . i' q ! ,t',: rnlivA u A Irwl loud to iK y phot(Irll Tar IhS purp•+r Of parin�1M tau of tM Int orrmrnr and wh)a i r, ,,;` .�1'� t;$1...4,r Ihr Fame nen 10 Ih,p,pmnl of IM.0.f el IM improremenr before uQnT and Ph Pl 1h.la,1 d rhe w�eppft , I11 ' Icy other frrrlvN, h �'r , ,A ' 11'U I�) The word"'Arty"than be rnnslhNJ no II 1i read'parties"el,rnt.tr the Knee of Ode Indentnrt no nqulrr. •/, a �� t�1 I, I X11 .7 k,'.. . t. do);r 11+.' IN WiTM39 WHEREOF,IM rt Al IM IIr11 I`5 L trrhlrn r M y port ILL'duty eAmlled ON deed rte d,�end yr.r Ant►b■.e ,...‘re< r I 4;i, ';;,,r' „ Ir 1n .warn or: r rs 7 'r ' hi,°,,,,,i!':•,, a • r(l• /11 - ^7Y w .CM-74.r-e_ 'i•I l.. r l' �`�,;, ..;'"JI:I. 41'EH P. BANPCkS ' ,r` 1°I illj i,,, r,I�i, `a 'A e � IY 1, "' ,,i,,,,!;..,.,•1„,,,,•=,:yy • l�fly(I r'i= Km LM �j�/RYIUIJA rlXrk j'f,?,,'• )!r �. 1 IIIV I •' _--- C tt1 c1(AIR_ Y 1 Y,i;rltt D r• r .,.,...,„;,..,:!:0..,, ..„,,,,,,,,,...L1/4,.•,, 1J , ' , ,....1,...,..,,,..,..„ l , r I�,1,r K i t' '71 1 , f_ 1, �I..�W�tL: • t.,•",,,,.,,,,,,,,!......t. ' •`d`frr•i ;1'....,•4,::.•-• , ,1•re•:1!,,, te{', rill r 1 , r,'R,'� rf . , t 1r, ,,,,,,.;„..;:,.,,,,..4,,.:.4:),..L...C I , , 9 ♦� 1•4,..,..,, , I , 1 , :, 1 t I ,' -r,]iy\!�■ , i I , ,' , 11/ Ia "I. >. y.1R ,,,.1,_;,...,1;.....,,,.;,..14.1,44•1,,...., l , 1, i. I r . ,. e Y I t ,.. • ] I, "a'L�+f•,�1t *� I '''t•,•• .�1'r1t► (i\t �r1.� • Y 11,f,' Jl � r �. a / � , , I RL i, , •.1• r r • , 1 a��r 7• !, I w t., rI rf 1 II.r G Tu 4 I 1!:, t 1 f 'I' Ir' J .-...,,:„.:,,,•,....,;.1:-3.,...,.:•:,,, ,,,,,.1,,r ' L7yl✓1 J,iJ. 1'. 'fir. J' ! 14:,-1yy ,4.!r•'"{j;r I r f,11'o�4 �:i 1, '1 '. �tf Ji, .:!.::,,31;•,...,,i,,,":./ ,e.,./.6:..d,',:; � J „ . , ,, ...3.;;;..4 t: s� 1 i+. ,..'y 1� treat. ,•r,J',o, .r. ,4 1 Jf.P,r {! II , r 1 rr 1 .Y 1 f r. / ,,tI ' t If) r;f p Cq . v. 1. ., kit. eat r ;! �•,(IIJ 7• I •.i r 1 } e r i Fk •, IR r .{f 1 r , r I °r I{ I..• .! ,';11+• ,j'F}:, .1�t.�ti+�r Ir' ( /lu,4,4•,..'141.1.��r 1 I}r , I r~ II ' d.{J' !I , 'r n � � , 1, t ��M'`;.I%2iy��11�1 til;Ilja I�M� I,bili l '1 FEB. 26. 2002 9:34AM CLTIC RIVERHEAD NO. 656 P. 8/8 k.t - • �'` � c r a 5 3 y'�tr�` } .Bv0■�and Sate D■■d,elm Cavownt*oats(Creators A��nd ddutd or Y,,,:',1-''''' a Gdper�sOn two*saved) t"1 d •( '�'•., I CONSULT Yput1 LAWYER OEFOpfi im Mat IM 7RuMENT �NEW BeUSED BY LAWYEne Orlcy. �. `s y. _ i L. THIS iNDENTUfiIF made the;(,thy of December nineteen hundre J end ninety-nine f l Y:'-''' BETWEEN •,•,,...... �F,K ;. I ' GAIL DOROS10,residing ro 42 Mansell lane Culc ° + logos,New York (' °',' t ,„ party of the first part end y; t' GAIL DORQSIg. ... `kr` a~ flAUCE E.MURPHresiding At M 6IrCh Road.Ee t Islip,New You as Tenants In Common .,:.,f11:,,,,,:. 1 ° Party of the second pert. WITNESSETH.that the party of the fret per,in consideration of Tet Dollars and other valuable consideregon „; ,•,•"...;"1'•,i,„; , ,, t t e pail by the parry of the second part,does hereby grant and release into the Party of the second part,the heirs I,,. . . ',' or sues wears end&Soigne of the party of the second pan forever. t '.. ALL.that oerteln pica.place or parcel of lend,with the qui dings and knprovemente thereon *sir' emitted,attune,Wing and tuing to Farman,Town of South ifs,County of Suffolk and Stets of; r '' ' 3 j"' " New York.bounded and described are forlorn: ''. i';..-`...k.' n :; Q$a point an the easterly and Of Bunts Place at`ite southeasterly seiner of Lot 110 t, + 1 County�and the *northeasterly corner ofOffice as Mop d shown on'Map No.: of Poconlo Shores^filed In Sutra* .-;•.'11,."`(:1::•=1 r { t• I RUNNING THENCE along and wesledy Me of Burnie Place South 2C 50'34'East 61.20 feet to Lo,.t.��1.0/.7 South 56'1EI'OW West 119.54 fact 10 the south(Snarly caner of Let 00 whew.,on 'i, , i.' .l f map; •C'! '1, •f { THENCE slang said Lot E0 and along Let 74. North a' 00' 30' ' southwesterly oornar of Let 109 shown said Wee 4.500 toot 10 aha ;�,+' E • +' on mpg: I THENCE BEGINNING said Let 109 and Lad 110,North 54'32'30'E hast 88.001.01W the point or place ., ," , c , TM MAP a ' BEING and intended to be the same f l t • � the Clerk of the County of Suffolk on Mt 5.1acquired8n Litter ��Cp.�368ttWB teoc.sed by .?.t.'' 000 ,',-,','.r...•1i' 0400 ,I •' Lolls),020000 t = I TOGETHER with aA right,Ole find kMdnat,If any,of the party of tit end pa vt in and 10 _' `' "' tepee dees:Awl promisee to the center Ghee thereof;TOGETHER wflh the' oh'and d end roads Ind rightsing ph0 I' ', ' the party of the rustpart In and to sold �a and.ti the estate the Perla 01 _ , i ,. the second prerhwaa;TO HAVE Alm TO HOLC stir barillas herein dratted unto party of , , part,the take Or successors and assigns of the party of the r scarp part forevr. �.' .! ANO the parry of the fuel Pet oovenwte that ere ;.4+ I , l'seW of the feat pert has t of Dant or a+dtr+.a anything whereby Ane sada premises hate been encumbered In any way whatever.arcane se aromas a i AND the pony of the Mt 1 . 1• earl,In Ccmpterhat rvttlh$klbn 10 O1 thr tier►L.pv.OOvertiir,is Ilya Inn pSatQf N lite fYat p�err vett . ,� receive me caruideretbn for Ifus conveyers a end rd leis the rlprq to n ntw such a•ts♦Idersflo h as a trust fund la be • �, Opp feet for the adipose of paying the con of the(gaudy and wit opply the earns nkat to tit Payment of the seat c r=: ` of the Improvement before using any Pen of the total of 8,e lame for any other purpose, I; 1 The word'party'oMA be construed es b a road'partlat sternest tit ea Ise of tilt hnderdura Ire tenons. ' IN WITNESS WHEREOF,the pony of the Ant pan hes duly entailed this deed the dry and year fns oboes ;J„ ' raison. IN PRESENCE OF: 4> j; a+ DOROSio , • ' lr' a "� '.. `fir . • I • I t' 4i':h l �t f4.' 1 , 0 I"f�llrmh •A 125-it.,a,mtbiioni, iorr.lan-vso awobercrtccnior.twbushci.NYC 1031a L1 Isdirf • Jointly prepared by the Real Property Section of the New York State Bar Association.the New York State Land Talc Association.the Committee on Bra! Property Law of die Association of the Bar of the Cit'of Neu'York and the Committee on Rea!Property Lay of the A'ru'York County Lawyers'Association. '• WARNING:NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN LANGUAGE"). CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT NOTE:FIRE AND CASUALTY LOSSES AND CONDEMNATION. This contract form docs not provide for what happens in the event of fire,or other casually loss or condemnation before the title closing.Unless different provision is made in this contract,Section 5-1311 of the General Obligations Law will apply.One part of that law makes a Purchaser responsible for fire and casualty loss upon taking possession of the Premises bcforc the title closing. Residential Contract of Sale LL !�.�fT ITx1 1C}xJC 2I1 made as of u ,T1Prr- 2/ , 2001 - BETWEEN • RONAED M. WINKLER and "RHONDA SEXER Address: c/o Winkler & Co., 345 Seventh Avenue, 21st Floor, New York, New York 10001 Social Security Number/Fed.I.D.No(s): (RW) (RS) hereinafter called"Scllcr"and 6. ALLEN KRAUS Address: 145 Hicks Street, Apt. A-54, Brooklyn, New York 11201_ Social Security Number/Fed.I.D.No(s): hereinafter called"Purchaser". Elie lsurfico Ilerelzu urea no fallufu4: I. Premises.Seller shall sell and convey and Purchaser shall - - • - ' ' '' " ' "'' purchase the property, together with all buildings and improve- installments of$ which include principal,in r- ments thereon(collectively the"Premises"),more fully described est and escrow amounts,if any,and with any balance of pri• ipal on a separate page marked "Schedule A", annexed hereto and made a part hereof and also known as: being due and payable on Street Address: 100 Second Avenue, Peconic (b) To the extent that any required payments are rp icon the existing mortgage between the dale hereof and Cl. ing which reduce the unpaid principal amount thereof bolo the amount Tax Map Designation:1000, 067.00, 04.00, 020.003 shown in paragraph 3(b),then the balance of the •rice payable at Closing under paragraph 3(d)shall be increased .y the amount of Together with Seller's ownership and rights,if any,to land lying in the payments of principal.Seller represents an• warrants that the the bed of any street or highway,opened or proposed,adjoining amount shown in paragraph 3(b) is subs •ntially correct and the Premises to the center line thereof, including any right of agrees that only payments required by the xisting mortgage will Seller to any unpaid award by reason of any taking by condcmna- be made between the dale hereof and Clo g. lion and/or for any damage to the Premises by reason of change (c) If there is a mortgagee escrow Sc'•unt,Seller shall assign it of grade of any street or highway.Seller shall deliver at no addi- to Purchaser,if tt can be assigned,an.in that case Purchaser shall tional cost to Purchaser, at Closing (as hereinafter defined),or pay the amount in the escrow accou. to Seller at Clostng. thereafter,on demand,any documents that Purchaser may rca- (d) Seller shall deliver to Pur baser at Closing a certificate sonably require for the conveyance of suds title and the assign- dated not more than 30 days be'ore Closing signed by the holder ment and collection of such award or damages. of the existing mortgage,in •orm for recording,certifying the 27.-Personai-Prop, • • _ • amount of the unpaid prin pal, the date to which interest has des of personal property now attached or appurtenant to he been paid and the amount if any,claimed to be unpaid for prin- Premises,unless specifically excluded below.Seller represe and cipal and interest,itemii g the same.Seller shall pay the fees for warrants that at Closingtheywill bepaid for and owned • Seller, recording such certifies .If the holder of the existing mortgage is a bank or other instil ion as defined in Section 274-a of the Real free and clear of all liens and encumbrances,except y existing i mortgage to which this sale may be subject.They i luck.but arc Property Law it m instead oC the certificate.furnish s letter iixtures, signed by a duly.uthorizcd officer,employee or agent,dated not limited to,plumbing,heating,lighting and ooking' bathroom and kitchen cabinets, mantels, d••or mirrors;switch not more than 0 days before Closing, containing the same plates and door hardware, venetian bhn window treatments, inConnation. shades,screens,awnings,storm windo , storm doors,window (c) Seller eprcaents and warrants that(i)Seller has delivered to boxes, mail box, TV aerials, wcat r vane, flagpole, pumps, Purchaser rue and complete copies of the existing mortgage,the shrubbery,fencing,outdoor status •,tool shed,dishwasher,wash- note sect ed thereby and any extensions and modificatons thereof, ing machine, clothes dryer, ga .age disposal unit, range, oven, (ii)the xisting mortgage is not now,and at the time of Closing • refrigerator,freezer,air cond. oning equipment and installations, will ..t be, in default,and (iii) the existing mortgage docs not wall to wall carpeting and • ilt-ins not excluded below(strike our •co ain any provision that permits the holder of the mortgage to irtapphcable unfits). r uirc its immediate payment in full or to change any other term .• . to be a purchase money mortgage as indicated in paragraph c) above: (a)The purchase money note and mortgage shall be d• wn by . the attorney for Seller in the form attached or,if not,i to stand- Ex dcd from this sale arc furniture and household furnishings and form adopted by the New York State Land Till ssociation. Purchaser shall pay at Closing the mortgage recor.• g tax,record- ing fees and the attorney's fees in the amount of:• for its preparation. (b)The purchase money note and mor-age shall also provide that it is subject and subordinate to th ten of the existing mort- • gage and any extensions,modificati• s,replacements or consoli- dations of the existing mortgage,t •vided that(i)the interest rate 3.Purchase Price.The purchase price is thereof shall not be greater tha• percent per annum and • the total debt service th under shall not 6e greater than $ per a• um, and (ii) if the principal amount payable as follows: thereof shall exceed t •amount of principal owing and unpaid on (a) on the signing of this contract,by Purchaser's check payable the existing mortga- at the time of placing such new mortgage or to the Escrowee(as hereinafter defined),subject to collection,the consolidated mo -age,the excess be paid to the holder of such receipt of which is hereby acknowledged, to be held in escrow purchase mon mortgage in reduction of the principal thereof. pursuant to paragraph 6 of this contract (the"Downpaymcnt"): The purcha • money mortgage shall also provide that such pay- ment to c holder thereof shall not alter or affect the regular install nts,if any,of principal payable thereunder and that the hold thereof will,on demand and without charge therefor,cxc- ing mortgage on the date I o which Purchaser cu , acknowledge and deliver any agreement or agreements ( ey-n©to•aad-meHB 6. Downpaymcnt in Escrow. (a) Seller's attorney ("Escrowee") i"u�. . $ shall hold the Downpaymcnt for Seller's account in escrow in a (d) balance at Closing in accordance with para ra • segregated bank account at Chase Manhattan Bank 60 East 42nd Street, New York, NY 10017 • ,n:.--'-u until Closing or sooner termination of this contract and shall pay to an existing mortgage as indicate '. •. .i .)above: over or apply the Downpaymcnt in accordance with the terms of ' (a) The Pre..' . tc conveyed subject to the continuing this paragraph.Escrowee shall(nor) hold • . 's ner-tg -,ds h the Downpaymcnt in an interest-bearing account for the benefit of f _ tire parties.If interest is held for the benefit of the parties.it shall bnlautuvn"1 Lt.n• be paid to the party entitled to the Downpaymcnt and the partyPurchaser shall comply with all requirements of such cmumiu crit receiving the interest shall pay any income taxes thcrcon.If inter- (or any other commitment accepted by Purchaser)and shall f.rnish 1 cst is not held for the benefit of the parties, the Downpaymcnt Seller with a copy thereof promptly after receipt thereof f such shall be placed in an IOLA account or,as otherwise permitted or commitment is not issued on or before the Commitment ale,then. ' required by law. The Social Security or Federal Identification -unless Purchaser has accepted a commitment that does n. comply with numbers of the parties shall be furnished to Escrowee upon the requirements set forth above.Purchaser may cance us contract by request.At Closing,the Downpaymcnt shall be paid by Escrowee giving Notice to Scllcr within 5 business days rale the Commitment to Scllcr.If for any rcason Closing does not occur and either party Date,in which case this contract shall be deemed ancelled and there- gives Notice(as defined in paragraph 25)to Escrowcc demanding after neither party shall have any further rights a;,inst.or obligations or payment of the Downpaymcnt,Escrowee shall give prompt Notice liabilities to,the other by reason of this .nlract,except that the to the other party of such demand. If Escrowee does not receive Downpaymcnt shall be promptly refund . to Purchaser and except Notice of objection from such other party to the proposed pay- as set forth in paragraph 27.If Purc ser fails to give notice of mens within 10 business days after the giving of such Notice, cancellation or if Purchaser shall ace it a commitment that does not Escrowee is hereby authorised and directed to make such pay- comply with the terms set forth abo ,then Purchaser shall be deemed mcnt. If Escrowee does receive such Notice of objection within to have waived Purchaser's right cancel this contract and to receive a such 10 day period or if for any other reason Escrowee in good refund of the Downpaymcnt by casms of the contingency contained in faith shall elect not to make such payment,Escrowee shall con- this paragraph.(Delete if in phcablc)(b)Purchaser and Seller agree tinuc to hold suits amount until otherwise directed by Notice from that the submission of an pplication to a mortgage broker registered the parties to this contract or a final, nonappc.dable judgment, pursuant to Article 12- of the New York Banking Law("Mung.tgc order or decree of a court.however,Escrowee shall have the right Broker")shall constit c full compliance with the terms and conditions ,at any time to deposit the Downpaymcnt and the interest thereon set forth in paragr It 8(a)(i)of this contract,and that Purchaser's with the clerk of a court in the county in which the Prcmiscs arc cooperation in ..od faith with such Mortgage Broker to obtain a located and shall give Notice of such deposit to Seller and Pur- commitment f.m an Institutional Lender(together with Purchaser's chaser. Upon such deposit or other disbursement in accordance cooperatio n good faith with any Institutional Lender to which with the terms of this paragraph.Escrowee shall be relieved and Purchaser'.application has been submitted by such Mortgage Broker). discharged of all further obligations and responsibilities hereunder. and the:romp[giving of Notice by Purchaser to Seller of the name and (b) 'I he parties acknowledge that,although Escrowee is holding addr . of each Mortgage Broker to which Purchaser has submitted the Downpaymcnt for Seller's account, for all other purposes su an application shall constitute full compliance with the[emu and Escrowee is acting solely as a stakeholder at their request and for mlmitam set FaHlm tirpeixmgwiplr8(a)(r}nndivi)cC this contract. their convenience and that Escrowcc shall not be liable to either 9. Permitted Exceptions.The Premises arc sold and shall be con- party for any act or omission on its part unless taken or suffered vcycd subject to: in bad faith or in willful disregard of this contract or involving (a) Zoning and subdivision laws and regulations,and landmark, • gross negligence on the part of Escrowcc. Seller and Purchaser historic or wetlands designation,provided that they arc not vio- jointly and severally agree to defend, indemnify and hold lated by the existing buildings and improvements erected on the Escrowee harmless from and against all costs,claims and expenses property or their use; . (including reasonable attorneys'fees)'mcurred in connection with (b) Consents for the erection of any structures on, under or the performance of Escrowce's duties hereunder, except with above any streets on which the Prcmiscs abut; respect to actions or omissions taken or suffered by Escrowee in (c) Encroachments of stoops,areas,cellar steps,trim and corni- bad faith or in willful disregard of this contract or involving gross ccs,if any,upon any street or highway; negligence on the part of Escrowee. (d) Real estate taxes that arc a lien,but arc not yet due and (c) Escrowee may act or refrain from acting in respect of any payable;and matter referred to herein in full reliance upon and with the advice (c) The other matters,if any,including a survey exception,set of counsel which may be selected by it(including any mcmbcr of forth in a Rider attached. its firm)and shall be fully protected in so acting or refraining from 10. Governmental Violations and Orders.(a) Seller shall comply action upon the advice of such counsel. ' with all notes or notices of violations of law or municipal (d) Escrowee acknowledges receipt of the Downpaymcnt by ordinances,orders or requirements noted or issued as of the date check subject to collection and Escrowce's agreement to the provi- hereof by any governmental department having authority as to sions of this paragraph by signing in the place indicated on the lands, housing, buildings, fire, (health, environmental and labor signature page of this contract. conditions affecting tltc Premises.The Premises shall be conveyed (c) Escrowee or any mcmbcr of its firm shall be permitted to act free of them at Closing. Seller shall furnish Purchaser with any as counsel for Seller in any dispute as to the disbursement of the authorizations necessary to make the searches that could disclose Downpaymcnt or any other dispute between the parties whether these matters. or not Escrowcc is in possession of the Downpaymcnt and con- eable)--A14— _• • • - linucs to act as Escrowee. mises pursuant to the Administra' e City of New 7. Acceptable Funds. All money payable under this contract, York incurred . '• . - 'sing and payable in money shall be chs- unless otherwise specified,stall be paid by: (a) Cash,but not over$1,000.00; 11. Seller's Representations.(a) Seller represents and warrants (b) Good certified check of Purchaser drawn on or official to Purchaser that: check issued by any bank,savings bank,trust company or savings (i) The Premises abut or have a right of access to a public and loan association having a banking office in the State of Ncw road; . • York,unendorsed and payable to the order of Seller,or as Seller (ii) Seller is the sole owner of the Premises and has the full ' may otherwise direct upon not less than 3 business days notice(by right,power and authority to sell,convey and transfer the same in telephone or otherwise)to Purchaser; accordance with the terms of this contract; (c) As to money other than the purchase price payable to Seller (iii) Seller is not a"foreign person",as that term is defined at Closing,uncertified check of Purchaser up to the amount of for purposes or Internal Revenue 1eCode Foreign('IRC)Investment Section 1445,as Property mended,and $ 500.00 ;and the regulations promulgated thereunder(collectively"FIRPTA'); (d) As otherwise agreed to in wrung by Seller or Seller's (iv) The Premises arc not affected by any exemptions or attorney. abatements of taxes;and 8. ?du.tgag..C..,.t:ub�,iey:{Belete-if ire • (v) Seller has been known by no other name for the past ten of Purchaser hereunder arc conditioned upon issuance on .r years,except before ,(the"Co• it- ment Date") of a written commitment from any Insti tional Lcndcr pursuant to which such Institutional Lender •grecs to make a first mortgage loan, other than a VA, P1 or outer (b) Seller covenants and warrants that all of the representations governmentally insured loan,to Purchaser,at Pur• ascr's sole and warranties set forth in this contract shall be true and correct cost and expense.of$ or such lesser at Closing. ' suns as Purchaser shall be willing to accept,at c prevailing fixed (c) Except as otherwise expressly sct forth in this contract,none rate of interest not to exceed .r initial adjustable rate of Seller's covenants,representations,warranties or other obliga- tions contained in flus contract shall survive Closing. of interest not to exceed for.term of at least years and on other customary commit.cut terms,whether or not 12. Condition of Properly. Purchaser acknowledges and repre- conditional upon any factors outer I an an appraisal satisfactory seats that Purchaser is fully aware of site physical condition and to the Institutional Lender.For pu uses of this contract,the term state of repair of the Premises and of all other property included "Institutional Lender"shall niest any bank,savings bank,private in this sale,based on Purchaser's own inspection and investigation banker,trust company,savings td loan association,credit union or thereof,and that Purchaser is entering into this contract based similar banking institution wl titer organized under the laws of this solely upon such inspection and investigation and not upon any state,the United Slates or at • other state;foreign banking corporation information,data,statements or representations,written or oral, as,to the physical condition,state of repair,use,cost of operation licensed by the Superi. cndcut of Banks of New York or the Comptroller of the Curr ncy to transact business in Ncw York State; or any other matter related to the Premises or the other property insurance company d y organized or licensed to do business in New included in the sale,given or made by Seller or its representatives, York Stale;monga t banker licensed pursuant to Article 12-D of the and shall accept the same"as is"in their present condition and Banking Law;an any instrumentality created by the United States or state of repair,subject to reasonable use,wear,tear and natural any state with c power to make mortgage loans.Purchaser shall(i) deterioration between the date hereof and the date of Closing nt.tkc promp .pplication to an Institutional Lender for such mortgage (except as otherwise set forth in paragraph 16(0), without any reduction in the purchaseprice or claim of anykind for any(ii) nosh accurate and complete information regarding P Purchas and members of Purchaser's family,as required,(iii)pay all change in such condition by reason thereof subsequent to the date fees, tints and charges required in connection wills such application of this contract.Purchaser and its authorized representatives shall and .an,(iv)pursue such application with diligence,(v)cooperate in have the right,at reasonable times and upon reasonable notice(by g..d faith with such Institutional Lender to obtain such commitment telephone or otherwise)to Seller,to inspect the Prcmiscs before . . . .-pdygive-Nehee-te-Seller-ofthe-I.nme-rtltleiddressof-eeeh Closing. 13. Insurable Title.Seller shall give and Purchascr shall accept rcquircd by law or by this contract to pay such transfer and/or - such title as recording tax, together with any rcquired tax returns duly cxc- cutcd and sworn to,and such party shall cause any such clhccs shall be willing to approve and insure in accordance with its and returns to be dclivcrcd to thc appropriate officer promptly standard form of title policy approve by the New York Start after Closing.The obligation to pay any additional tax or&II- cicncy and any interest or pcnaltics thcrcon shall survive Closing. Insurancc Department,subject only to the matters provided for in this contract. 18. Apportionments and Other Adjustments; Water Meter and 14. Closing,Deed and Title.(a)"Closing"means the settlement of Installment Assessments.(a)To the extent applicable,the follow- the obligations of Seller and Purchascr to each other under this ing shall be apportioned as of midnight of the day before the day contract, including the payment of the purchase price to Seller, of Closing: and the dclivcry to Purchaser of a (i)taxes,water charges and sewer rents,on the basis of the fiscal period for which assessed;(ii)fuel;(iii)interest on the exist- ing mortgage; (iv) premiums on existing transferable insurance deed in proper statutory short form for record,duly executed and policies and renewals of those expiring prior to Closing;(v)vault acknowledged,so as to convey to Purchaser fce simple title to the charges;(vi)rents as and when collected. Prcmiscs, free of all encumbrances, except as otherwise herein (b) If Closing shall occur before a new tax rate is fixed, the stated.The deed shall contain a covenant by Seller as required by apportionment of taxes shall be upon the basis of the tax rate for subd.5 of Section 13 of the Lien Law. the immediately preceding fiscal period applied to the latest (b) If Seller is a corporation,it shall dclivcr to Purchascr at the assessed valuation. time of Closing(i)a resolution of its Board of Directors authoriz- (c) If there is a water meter on the Premises,Seller shall furnish ing the salt and dclivcry of the decd,and(ih)a certificate by the a reading to a datc.not more than 30 days before Closing and the Secretary or Assistant Secretary of the corporation certifying such unfixed meter cltargc and sewer reit,if any,shall be apportioned resolution and setting forth facts showing that the transfer is in on the basis of such last reading. conformity with the requirements of Section 909 of the Business (d) If at the date of Closing the Premises arc affected by an Corporation Law.The deed in such cast shall contain a recital assessment which is or may become payable in annual install- • sufficient to establish compliance with that Section. melts,and the first installment is thiel a lien,or has bccn paid, then for the purposes of this contract all the unpaid installments 15. Closing Date and Place.Closing shall take place at the office shall be considered due and shall be paid by Seller at or prior to Closing. of Fredrick A. Becker, •Esq. (c) Any errors or omissions in computing apportionments or 122'East 42nd Street Suite 2100 other adjustments at Closing shall be Corrected within a rcason- New York, New York 10168able time following Closing. This subparagraph shall survive 101683--14 wiry 3l, 20oZ Closing. at10:00am o'clock on•or about Dceen.Let 31, 2001 or,upon reasonable notice(by telephone or otherwise) by Pur- 19. Allowance for Unpaid Taxes,etc.Seller has die option to clhascr,at-the-office-ofnab See Rider credit Purchascr as an adjustment to the purchase price with the amount of any unpaid taxes,assessments,water charges and sewer rents,togcthcr with any interest and pcnaltics thcrcon to a date not less than five business days after Closing,provided that official 16. Conditions to Closing.This contract and Purchaser's obliga- bills therefor computed to said date arc produced at Closing. tion to purchase tltccPrcmises arc also subject to and conditioned 20. Use of Purchase Price to Remove Encumbrances.If at Clos- upon the fulfillment of the following conditions precedent: ing there arc other liens or encumbrances that Seller is obligated (a) The accuracy,as of the date of Closing,of the represcnta- to pay or discharge,Seller may use any portion of the cash bal- tions and warranties of Seller made in this contract, ince of the purchase price to pay or discharge them, pu'ovidcd oC Occupancy or other required cc o tom- Seller shall simultaneously deliver to Purchascr at Closing instru- Certificaterncc, evidence that none was �,covering•. the build- ments in recordable form and sufficient to satisfy such liens or ping(s)and all oice ata o .,.s located on the pro build-ty encumbrances of record,together with the cost of recording or filing said instruments.As an alternative Seller may deposit suffi- autltorv'.: •r use as a family dwcl- tient monies with the title insurance company employed by Pur- chaser acceptable to and required by it to assure their discharge, (c) The delivery by Seller to Purchascr of a duly executed and but only if the title insurance company will insure Purchasbr's title sworn affidavit(in form prescribed by law)claiming exemption of clear of thc matters or insure against their enforcement outs of the the sale contemplated hereby, if such be the case,under Article Prcmiscs and will insure Purchaser's Institutional Lender clear of 31-B of the Tax Law of the State of Ncw York and the Regula- such matters.Upon notice(by telephone or otherwise),given not tions promulgated thereunder,as the same may be amended from less than 3 business days before Closing,Purchaser shall provide time to time(collectively thc"Gains Tax Law");or if such salt separate certified or official bank checks as requested to assist in shall not be exempt under the Gains Tax Law, Seller and Pur- clearing up these matters. chaser agree to comply in a timely manner with the requirements 21. Title Examination;Seller's Inability to Convey;Limitations of of the Gains Tax Law and,at Closing,Seller shall dclivcr to Pur- Liability. (a) Purchascr shall order an examination of title in chaser(i)an official return showing no tax due,or(ii)an official respect of the Prcmiscs from a title company licensed or autho- • return accompanied by a certified or official bank check drawn on rued to issue title insurance by the Ncw York State Insurance a New York State banking institution payable to the order of the Department or any agent for such title company promptly after Ncw York State Department of Taxation and Finance in the the execution of this contract or,if this contract is subject to the amount of the tax shown to be due thcrcon.Seller shall(x)pay mortgage contingency set forth in paragraph 8,after a mortgage promptly any additional tax that may bccomc due under the Gains commitment has bccn accepted by Purchascr. Purchaser shall Tax Law, together with interest and penalties thereon, if any, cause a copy of the title report and of any additions thereto to be which may be assessed or become due after Closing,and/or cxe- delivered to the attorney(s)for Seller promptly after receipt thereof. cute any other documents that may be required in respect thereof, to and(y)indemnify,defend and save Purchaser harmless from and Pu(b)ia If at accordancecc date oe Closing Sellerois t,uor Purchasere o tranrfhr title other against any of the foregoing and any danhagc, liability,cost or valididhgror in sforfus withg this se, whethert, r byrhas other grounds for refusing to close, reason of liens, expense(including reasonable attorneys'ices)which may be suf- encumbrances or other objections to title or otherwise(Therein col- fcrcd or incurred by Purchaser by reason of the nonpayment there- Icetivcly called"Defects"),other than those subject to which Pur- of.The provisions of this subparagraph(c)shall survive Closing. chaser is obligated to accept title hereunder or which Purchascr (d) The dclivcry by Seller to Purchaser of a certification stating may have waived and other than those which Seller has hcrchn that Seller is not a foreign person,which certification shall be in expressly agreed to remove,remedy or discharge and if Purchaser the form then required by FIRPTA. If Seller fails to deliver the shall be unwilling to waive the same and to close title without aforesaid certification or if Purchaser is not cntiticd under abatement of the purchase price, then, except as hereinafter set FIRPTA to rely on such certification,Purchaser shall deduct and forth,Seller shall have the right,at Seller's sole election,cithcr to ' withhold from the purchase price a sum equal to 10%thereof(or take such action as Seller may deem advisable to rcmovc,remedy, any lesser amount permitted by law)and shall at Closing remit the discharge or comply with such Defects or to cancel this contract; withheld amount with the required forms to the Internal Revenue (ii)if Seller elects to take action to remove,remedy or comply with Service. such Defects, Seller shall be entitled from time to time, upon (c) The delivery of the Prcmiscs and all building(s)and improve- Notice to Purchaser,to adjourn the date for Closing hereunder for melts comprising a part thereof in broom clean condition,vacant a period or periods not exceeding 60 days in the aggregate(but not and free of leases or tenancies,together with keys to the Prcmiscs. extending beyond the date upon which Purchaser's mortgage (I) All plumbing(including water supply and septic systems,if commitment,if any,shall expire),and the date for Closing shall be any),!waling and air conditioning,if any,electrical and=chain- adjourned to a date specified by Seller not beyond such period.If cal systems,equipment'and machinery in the building(s)located for any reason whatsoever,Seller shall not have succeeded in rc- on the property and all appliances which arc included in this sale moving,remedying or complying with such Defects at the expira- being in working order as of the date of Closing. lion of such adjournment(s),and if Purchascr shall still be unwil- (g) If the Premises arc a one or two family house,delivery by ling to waive the same and to close title without abatement of the the parties at Closing of affidavits in compliance with state and purchase price, then either party may cancel this contract by local law requirements to the effect that there is installed in the Notice to the other given within 10 days after such adjourned date; Prcmiscs a smoke detecting alarm device or devices. (iii)notwithstanding the foregoing,the existing mortgage(unless (Ili) The dclivcry by the parties of any other affidavits required this salt is subject to the same)and any matter created by Seller as a condition of recording the decd. after the date hereof shall be released, discharged or otherwise 17. Deed Transfer and Rccording•Taxes.At Closing,certified or cured by Seller at or prior to Closing. official bank checks payable to the order of the appropriate State, (c) If this contract is cancelled pursuant to its terms,other than City or County officer in the amount of any applicable transfer as a result of Purchaser's default,this contract shall terminate and and/or recording tax payable by reason of the dclivcry or record- come to an end,and neither party shall have any further rights, ing of the decd or mortgage,if any,shall be delivered by the party obligations or liabilities against or to the other hereunder or other- 1 ' wise,except that: (i) Seller shall promptly refund or cause the 27.Broker.Seller and Purchascr cacti represents and warrants to the u Escrowee to rcfund the Downpaymcnt to Purchascr and,unlcss other that it has not dealt with any real cstatc broker in conncction with ' cancelled as a result of Purchascr's default or pursuant to para- this sale other than • 1 graph 8,to reimburse Purchaser for the net cost of examination of - titic,including any appropriate additional charges related thereto, • None and the net cost, if actually paid or incurrcd by Purchascr, for - updating the existing survey of the Premises or of a new survey, ("Broker")and Seller shall pay Broker any commission earned pur- and(ii)the obligations under paragraph 27 shall survive the tcr- suant to a separate agreement between Seller and Broker.Seller and- mination of this contract. Purchascr shall indemnify and defend each other against any costs. 22. Affidavit as to Judgments,Bankruptcies,etc.If a title exams- claims and expenses,including reasonable attorneys'Ices.arising out of the breach on their respective parts of any representation or nation discloses judgments,bankruptcies or other returns against para- persons havingnames the same as or similar to that of Seller, agreement contained in this paragraph.The provisions of this eller shall delltvcr an affidavit at Closing showing that they arc graphshall contract.e Closing or.if Closing does not occur,lhesermina- not against Seller. tion of this 23.Defaults and Remedies.(a) If Purchascr defaults hereunder, 28. Miscellaneous.(a) All prior understandings,agrccments,rcprc- Seller's sole remedy shall be to receive and retain the Downpay- scntations and warranties•oral or written,between Seller and Pur- ment as liquidated damages,it being agreed that Seller's damages chaser arc merged in this contract;it completely expresses their full in case of Purchaser's default might be impossible to ascertain and agreement and Inas been entered into after full investigation.neither that the Downpaymcnt constitutes a fair and reasonable amount party relying upon any statement made by anyone else that is not set of damages under the circumstances and is not a penalty. forth in this contract. (b) If Seller defaults hereunder. Purchascr shall have such (b) Neither this contract nor any provision thereof may be waived, remedies as Purchascr shall be entitled to at law or in equity,induct- changed or cancelled except in writing.This contract shall also apply ing,but not limited to,specific performance. to and bind the heirs,distributees,legal representatives,successors and permitted assigns of the respective parties.The parties hereby 24. Purchaser's Lien.All money paid on account of this contract, autirori7etheir respective attorneys toagrceinwriting toany changes and the reasonable expenses of examination of title to the Premises in dates and time periods provided for in this contract. and of any survey and survey inspection charges, arc here- (c) Any singular word or term herein shall also be read as in the by made liens on she Premises,but such liens shall not continue after plural and the neuter shall include the masculine and feminine default by Purchascr under this contract. gender,whenever the sense of this contract may require it. 25. Notices.Any notice or other communication("Notice")shall be (d) The captions in this contract arc for convenience of reference in writing and cithcr(a) sent by citherof the parties hereto or by their only and in no way dehinc,himit ordeseribe theacope of this contract and shall not be considered in the interpretation of this contract or respective attorneys who arc hereby authorized to do so on their any provision hereof. behalfor by the Escrowee,by registered or certified mail,postage (c) This contract shall not be binding or effective uritil duly cxc- pre prcpaid,or cuted and delivered by Seller and Purchaser. (b) delivered in person or by overnight courier, with rcccipt (1) Sellcr and Purchascr shall comply with IRC reporting require- acknowledged,to the respective addresses givcn in this contract for ments,if applicable.This subparagraph shall survive Closing. the party and the Escrowce,to whom the Notice is to be given,or to (g) Each party shall,at any time and from time to time,execute, such other address as such party or Escrowee shall hereafter dcsig- acknowledge where appropriate and deliver such further instruments nate by Notice given to the other party or parties and the Escrowee and documents and take such other action as may be reasonably pursuant to this paragraph.Each Notice mailed shall be deemed requested by the other in order to carry out the intent and purpose of given on the third business day following the date of mailing the this contract.This subparagraph shall survive Closing same,except that any notice to Escrowee shall be deemed given only (h) This contract is intended for the exclusive benefit of the parties upon receipt by Escrowee and cacti Notice dclivcrcd in person or by hcrcto and,except as otherwise expressly provided herein,shall not overnight courier shall be deemed given when dclivcrcd. be for the benefit of, and shall not create any rights in,or be enforceable by,any other person or entity. 26. No Assignment.This contract may not be assigned by Purchascr without the prior written consent of Seller in cacti instance and any purported assignment(s)made without such consent shall be void. t . IN WITN - HEREOF,this contract has been duly executed b c parti h;reto. • 11..i> U$,el hd lexii ....0.. ..„,/_ •ti __....._..._-de Seller Purchaser M ninkler • E. Allen Kraus _. Seller Purchaser Rhona Saxer. Attorney for Seller:Fredrick A. Becker, Esq. Attorney for Purchascr: Address: 122 East.'42nd Street —Suite 2100 Address: New York, New York 10168 • Tel.: (212) 867-3820 Fax: (212) 983-5276 Tel.: Fax: • - i Receipt of the Downpaymcnt is acknowledged and the undersigned Imo, / dr"--------____. — agrees to act in accordance with the provisions of paragraph 6 above. — — — 0- ig Escrowee i aun rtt>t of izite PREMISES TITLE NO. District 1000 Section 067.00 Block 04.00 RONALD M. WINKLER Lot 020.003 andCounty or Town Southhold, Suffolk RHONDA SEXER Street Number Address 100 Second Avenue TO Peconic ALLEN KRAUS EPA and HUD Lead Paint Regulations:Owners of pre-1978 housing must disclose known lead-based paint hazards to purchasers.Use the following BLUMBERG LAW PRODUCTS(800 LAW MART)to comply: 3140 Information Booklet 3142 Disclosure Form,Sale of Residence 3143WIN Disclosure form software I l l _,1 , 10/09/01 TUE 11:33 FAX 516 722 9631 COMMONWEALTH 0 009 ' • 't..r2•,.;!../..:::;*,. ,?e r ter'/,i• n .y�r \;A J i ,1•fi f5 t 1 r Y• S , .I I IS.1*.,,,, ,, 9f, ,+Zw(3� -.Jr.FIJIq F rF `a l ' ,l el a ! ri .�• f. {t1 rr4 r.. 11:•,..1‘."-,-,0.-...1`r h v 111, ,,I S I r y 401 i• _,,, j� ) 1 ter ; .-,,,,.:.%.,e,' �r r.r l �h '�', r 717'1' atelrJI IIrlf,rl j) r .•; ,,:;1•;,..'1.• 1 r ,:w......•:1;,40.:;';q,1.',0" 1,„.7 y,I 0" .: , f7.. Y e1y - r• ff`(td�7 yl (, ► 114 4; ,I fll! 4, .., i�.`�r � .} t!..,•i 7':'�•�, (. � •,,,',.‘1).-10.., 1r� '�:' 5. IIf PyI l• i �rl b r wool '1..,n.n II Ili moo .I" ,� ( fL 10 0 l„I, Vee,-1114 C-uo ma.twin..p.a.6' ..1 n'n.r4„h•1 r C./Y.r.rhe Mml C". ;/:h I .E , w COMI05T YOIA to em,almost were.O ewe on lalAW,,-leen en,NM°rT IMOIAD M sem 41'IAMTrfa OIt•Y. ''�li }' 3 W�+ III+" 1I t p % K t��lr,.,1� .11131NOLPT114,made the /3r try d rebr.nri ,nineteen h,lydr.d and 'nine' eche 1'�:`,,,,,,14.0.1.......43: {y h I Y F (,� 4.,Cr i 11 ,{I,� a MUM 9if,1rM P. $nND►Pi and RIIONDA 5%%%R ''r rl I :I. Ronald Winkler. 7 Penn Pt..,, 6..lre 1010 •-:',1:4,1,.17'Z"• r ;i} ¢%.I.1I'.i N.T rt, Now York 10011 •7e'.,% ''r•a`�,a; �iI{ 15/1 •{4,1,l'`!M�M Iw.,.1 the 7.,,,peel,..,d ;i'e,:;j'4,;]xlr EalEf�1jlf:. RONALD I/IYetf11 and eIWNDq %LXYP ;'rt a J4)' 1Sy, 4r too fonnld Ylnkllf. 7 Poon Pln.n. 5ulr. 1610 l: ,M Wei jk,i �° of Nor Took, Hot York 10011 f'•YC`,'i• , 1.i (l ,a ;r,01 .,, r�4r(�'.i'fit.., P`r17 of IM mood pert, ' t I, ''`, Il Il ',',7 I t•r4ja`1 I 1 VITTNESSETb(r 16.1 Ow parry N the Int , i' a trfryIr,M a n and I en d ren the rod o the SOOOO4 aoeaanwOe ,; ? 7 ;, 14 r/ paid by rhe party al IM aeaand Fon,tug herb!rani and Idea..unto 1M prey of the woad pati 1Y woe 'I'll?{e y� 1yl 1 l'( 0 4waelwr.end.wga,o,IN Fora a 1M eteea d pen'mom', lrrw 1 I ,15 ' T•{ 7. �r�1�- r.'.'0';°':1•'6,..` 1 1 ALL dot eenalh yed PIM or tonal al ludo f S ...ke.la. c and ar.oed aN"1ti j 1 tial I101I,} �:' ly.ng and Wr.b lwlba at Peeon le, TOM of Soulpo 4J. Caygty n nd Ile ,?11 ,•1 A VI'i4, Ii brat. of Maw Took. pno••1t find 4n16nultd as and by eh. Iota Duabefed 109 and 110 1.,1 to Sr4 e1 r I rli on a carcatn o4p oat Itl.d. "Map 'So, 2, P.conlc Shoreae and Mod In the 3u(lolk ,1 ♦fit' ,4. County Cle roap OffIc. an Map Ho, 654 on S.ptaeber 13. 1970. al. 4' 1.. I ♦' 1-t,11`...,,„,...`i rIll ,�.r 1 r' I rt,,r DI STP[[T 1,1,1, 1,'I •, .a i 11100 . 7 t.hill r' 041,00 '1: .(/it•{ y11lfrl4, 1.1 VA i_ II f.•:,7 f 'Vl��f11°�t; I 1"14.1)0 1nr i'lt' r 1,;,•'114'r 1,),‘.1,/,11 1,Ap '' LOT'1 ',II 4417 P.,.< �.1gl ulo.nn� Y, •v'awL4 ,O 4s'+1h5a I sy A`.'i -,'1"'4'.'I 11 K • (1' 1 I, 1 ,.it;r'?:.i. Ptt k,dlj1'e'II'. ,7 ip��'1,' oli 41 1�i40 1I. 1 '11 f,fttf.11 111 IIS;:��Iy611r•'`I11P., 1 ,:1 L'Y,1 '•r•Irl(I ,• r• ,l 11` •• ,It'7 i ''. TOGETHER rah 4n riot,hilt and Intent,it el the lb.Orn pen la and an myamu and ,7 I. ,l`{ {111 1(1,'%` radi aL.rlpnp the abort drarat.;p.tm,.a the[eels Mart.Krol;TOGETHER.111;Ike nn.u.,a :, 1n("1.. I(10' •.;-I ,I 111ha nl.n Ind not,0l the party el lM Oral pan.n n4 10 Mil pnm1w1,TO HAVE TO I,., I til, �y1`i Jr IIOLII 111 prem..°herein tnn.rd'Om Ihf Forty or tl.r.aend pan.IM Wit ar.uoo.uar.and Yaip,I d 111 t* 11111L�1�f d1f the party at the IfraaJ pan Jain,' T� ,r 'IS', I''I 11ee IC 1,Ir e, /1740 Ihr p.rlo al.ho firm poll,to compliance with Seamon 13 01 IM lien La ,011.00..74 IMI 114 puny of 11''I T iY kt j 4 t' Iho(III pa...III me clot 11;a avnlldrl\Ibq lot him tol.nyaM1 end'.1II hold the nun 10 Rtr'1.t suet repaid "'t ✓tl" 1,.,,,...,,„,7 01700 01 a Lud load to be.rgb.J Ora for IIx papaw of plying the nal of IM Imprcaen,nt and.14 ar oy r +' t Dir ram.am Io the raiment of IM ral el rhe rmp.nrem.nI aloe,wing any part PI Or Iolat d Ito same'ler 7; 1'' lhi� "• an era u. l• •.' ,',W. •f I,1 ii 1 1f Th.word"0M y"shad b.ron.Irowi IS II II rad'p0,Ma".Mnn4r lb.anal el NI k.d.alan 1.quina „A tft,..''' r.3,I.dl j'I I+: Ile WITT(C s WNulEOI,IM pay of rhe Onl pan h..duly 114411,41611 Mod,M doe and ymr One aw.e ,��, 0 i1,• Nrhlon T /// i 7 h I . �yI I.. IMtelliPtaOf: ) r J�r // ,..<•-_,,,,— J�'r +I,;lr.i�rir. ,i'I�•, / ,k `t • , tri ^P: +,� fff C..--r� i' .;•i tr f�....1 '`;G l• 41,', I. ,[l'/ 4'1'!N r:SANDek6' - i ad1 1 IIL �' •L ' 0 •I l 1/71 y' ', ._—_...a.., a1.a , r "+ Irl' r !r' eel, ..,,•cr to / i xrN 1 �r rr, J�11aa�,r 7 I ; fYN+ /� Tua,n i , , , �.1l 's('tIrill 1 / _,slei r✓ , 1,.'474.0.- 9r�� Ir S CUvd(,tJ, A - a t1 + y!` yk } r .''''r1•P!I[ 1 l - ' ,, J',, Ip tin cy i •_` ,r % !y �` '. It �•+it Al , ,. II-.. t t i .1 J , � � ,'�• M � •, ! 1114 it -1.,,,, ,,,7:6:1: ; Jl'F f le),,rra rl,.."`.t �r P r y (((Vt `n , I 11. t J e 4t t ;,2 G �ri-K h�fi L,',41�(((. e,'1 ,,,;41,1),1i,r4 it ♦ r,1rfi,,,I 1' „ a{ , rI r rr,!,1,.. /.0-',31-1,, \ r;r 06 1 /`:y 141 s•Iil'*•'., Clio ; 1.1�Vr1,.1;,), , ,r (i ityl V I1,.r /,� I ll,1,,•;A ,• rice r !,q1 ,', ,n . ti r 4. Qc, yr r'r 1rltraI.. / 7 , ,., .. ;—.011•/' . , '..4.0 .,air•' .1 „-• , r It , O J-:..0,;17...:21,,,,,,.,..„),,,,,,,q,, ,ev.r• 1M1,t.•i'd,, , „ • • • • Rider to residential contract of sal'.between Ronald M. Winkler and Rhonda Sexer,As Sellers and Allen Kraus,As Purchaser 29. The following terms are made part of the attached Residential Contract of Sale. If there is a conflict between these terms and the printed terms of the form Contract, the provisions of this rider shall control. 30. Supplementing paragraph 15 of the form Contract-If the closing takes place outside of the 5 boroughs of New York City or Nassau County,Purchaser shall reimburse Sellers $500.00 for Sellers'additional attorney travel fees. 31. Department Approvals.This contract is contingent upon Purchaser obtaining,at his own cost and expense,within 90 days from the date Purchaser's attorney receives a fully executed copy of this contract,the following: (a) approval from the Suffolk County Department of Health Services for location of well and sanitary systems for a single family residence; (b) water report reflecting that water meets standards set by New York State or Suffolk County,or a letter of water availability from the water district,if applicable; (c) approval,if required,from the NYS Department of Environmental Conservation and any governmental agency having jurisdiction thereof for construction of a single family residence; (d) and building permit from the Town of Southold for the construction of a single family dwelling. - In the event Purchaser can not obtain all of the necessary permits within 90 days from the date Purchaser's attorney receives a fully executed copy of this contract,Sellers shall have the option to terminate this contract and will make a prompt refund of the downpayment to Purchaser,and the contract shall be terminated without further recourse or penalties from either party. Sellers shall also have the option of extending Purchaser's time period for obtaining said permits and setting a new closing date. Notwithstanding the foregoing, in the event Purchaser is diligently pursuing said permits,and provides proof to Sellers of such action,inc:uding,but not limited to filing receipts,and copies of other relevant documents in connection with said permit process, the parties to this contract agree to extend the above-referenced 90 day time period for an additional 90 day period. At the end of this extension,Sellers may grant Purchaser an additional extension to obtain said permits or cancel the contract and promptly return the Purchaser's downpayment. In the event that prior to the closing date,the approvals and/or building permits are denied and the Purchaser is unwilling to waive same to close title;and provided Purchaser has acted diligently and in good faith in pursuing said approvals and/or permits,then Purchaser may cancel this contract by giving Notice to Sellers within 5 business days of Purchaser's receipt of said denial(s),and Sellers shall promptly refund the Purchaser's downpayment,and the contract shall be terminated without further recourse or penalties from either party. Nothing herein shall obligate either the Sellers or the Purchaser to bring a variance proceeding to obtain any such permits or approvals. In addition,nothing herein shall obligate the Sellers to incur any expense for a survey,to file any application with or to pay any fees to any agency or entity in connection with obtaining said approvals and/or permits. Sellers agree,however,to execute any consents required to obtain said approvals,permits or survey of the premises. NOuOna bac 2 r, Dated: Octobeer ,2001 WA" Ro al ."in 1•r,S Iler Rh nda Sexer,Seller Allen Kraus,Purchaser • f_ r!"I lrf Itmbi I'A I25—Nendeniul comma orale,11-96 0 Blunlwrpr1Ccisloc.Publisher.NYC 10013 l f ` WRtr Jointly prepared be the Real Property Section of the New York State Liar Association,the New York Slate Land Title Association.the Committee on Real Property Law of the Association of the Liar of the City of New York and the Committee on Real Property Law of the New York County Lawyers'Association. '- WARNING:NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN LANGUAGE.). CONSULT YOUR LAWYER BEFORE SIGNING THIS AGREEMENT NOTE:FIRE AND CASUALTY LOSSES AND CONDEMNATION. . This contract form does not provide for what happens in the event of fire,'or other casualty loss or condemnation before the title closing.Unless different provision is madc in this contract,Section 5-1311 of the General Obligations Law will apply.One part of that law makes a Purchaser responsible for fire and casualty loss upon taking possession of the Premises before the title closing. �� Residential Contract of Sale L1 ratiIU1Cf Uf t.i made as of „ rN-J I ii, 2001 BETWEEN RONALD M.WINKLER and 'ELLIOT W. STONE Address: c/o Winkler & Co., 345 Seventh Avenue, 21st Floor, New York, New York 100p1 Social Security Number/Fed.I.D.No(s): (Rw) ' (ES) hereinafter called 'Seller"and t;. ALLEN KRAUS Address: 145 Hicks Street, Apt. A-54, Brooklyn, New York 11201- Social Security Number/Fed.I.D.No(s): hereinafter called"Purchaser". Zile jsurfirs Ilrrefig utjrte us fnllufus3: - 1. Premises.Seller shall sell and convey and Purchaser shall • "•' purchase the property, together with all buildings and improve- installments of$ which include principal,in r- mcnts thereon(collectively the"Premises"),more fully described est and escrow amounts,if any,and with any balance of pri. ipal on a separate page marked "Schedule A", annexed hereto and made a part hereof and also known as: being due and payable.on Street Address: 690 Huntington Blvd. and (b) To the cxtcnt that any required payments arc m icon the 20 Second Avenue, Peconic existing mortgage between the date hereof and Cl. ing which reduce the unpaid principal amount thereof belo the amount Tax Map Designation: y - shown in paragraph 3(b),then the balance of the ,rice payable at 1000, 067.00, 04.00, 020.004 Closing under paragraph 3(d)shall be increased .y the amount of Together with Seller's ownership and rights,if any,to land lying in the payments of principal.Seller represents an. warrants that the the bed of any street or highway,opened or proposed,adjoining amount shown in paragraph 3(b) is subs .nnally correct and the Premises to the center line thereof, including any right of agrees that only payments required by the xisting mortgage will Seller to any unpaid award by reason of any taking by condemns- be made between the date hereof and Clo g tion and/or for any damage to the Premises by reason of change (c) If there is a mortgagee escrow ac'.unt,Seller shall assign it of grade of any street or highway.Seller shall deliver at no addi- to Purchaser,if it can be assigned,an. in that case Purchaser shall tional cost to Purchaser,at Closing(as hereinafter defined),or pay the amount in the escrow accou' to Seller at Closing. thereafter,on demand,any documents that Purchaser may rea- (d) Seller shall deliver to Pur haler at Closing a certificate sonably require for the conveyance of such title and the assign- dated not more than 30 days bc'ore Closing signed by the holder merit and collection of such award or damages. of the existing mortgage,in 'orm for recording,certifying the • amount of the unpaid prin pal,the date to which interest has • des of personal property now attached or appurtenant to 1c been paid and the amount if any,claimed to be unpaid for prin- Premises,unless specifically excluded below.Seller represe and cipal and interest,itcmiz g the same.Seller shall pay the fees for warrants that at Closing they will be paid for and owned . Seller, recording such certifies .If the holder of the existing mortgage is free and clear of all liens and encumbrances,except y existing a bank or other instil ion as defined in Section 274-a of the,Real mortgage to which this sale may be subject.They i• udc,but are Property Law it m instead of the certificate.furnish a letter not limited to,plumbing,Beating,lighting and ooking'fixtures, signed by a duly uthorized officer,employee or agent,dated bathroom and kitchen cabinets, mantels, ds.r mirrors;switch not more than 0 days before Closing, containing the same plates and door hardware, venetian blip :, window treatments, information. shades,screens, awnings,storm wtndo ,storm doors,window (e) Seller presents and warrants that(i)Seller has delivered to boxes, mail box, TV aerials, weal r vane, flagpole, pumps, Purchaser rue and complete copies of the existing mortgage,the shrubbery,fencing,outdoor status •,tool shed,dishwasher,wash note sect cd thereby and any extensions and modificatons thereof, ing machine, clothes dryer, ga .age disposal unit, range, oven, (i1)the xisting mortgage is not now,and at the time of Closing refrigerator,freezer,air cond' oning equipment and installations, will ..t be, in default,and (iii) the existing mortgage docs not wall to wall carpeting and • lit-ins not excluded below(strike out co ain any provision that permits the holder of the mortgage to inapplicable items). r .uire its immediate payment in full or to change any other term to be a purchase money mortgage as indicated in paragraph ) above: (a)The purchase money note and mortgage shall be d' tvn by , ' the attorney for Seller in the form attached or,if not,i 1c stand- Ex• ded from this sale arc furniture andhousehold furnishings and form adopted by the New York State Land Tttl ssociation. • Purchaser shall pay at Closing the mortgage neon' g tax,record- ing fccs and the attorney's fees in the amount of• for its preparation. (b)The purchase money note and mor-age shall also provide that it is subject and subordinate to th ten of the existing mort- • gage and any extensions,modificati. s,replacements or consoli- dations of the existing mortgage, i .vided that(i)the interest rate 1. Purchase Price.The purchase price is thereof shall not be greater tha• percent per annum and the total debt service th sunder shall not be greater than $ per a• urn, and (ii) if the principal amount payable as follows: thereof shall exceed th,amount of principal owing and unpaid on (a) on the signing of this contract,by Purchaser's check payable the existing mortga. at the time of placing such new mortgage or to the Escrowee(as hereinafter defined),subject to collection,the consolidated mo .age,the excess be paid to the holder of such receipt of which is hereby acknowledged, to be held in escrow purchase mon mortgage in reduction of the principal thereof. pursuant to paragraph 6 of this contract (thet (thee nl"): The purcha • money mortgage shall also provide that such pay- ment to c holder thereof shall not alter or affect the regular install nts,if any,of principal payable thereunder and that the ll hold thereof will,on demand and without charge therefor,cxc- ing mortgage on the date I o which Purchaser cu , acknowledge and deliver any agreement or agreements s(' 6. Downpayment In Escrow. (a) Seller's attorney ("Escrowee") *Rey; . $ shall (hold the Downpayment for Seller's account in escrow in a (d) balance at Closing in accordance with paragraph 7: segregated bank account at Chase Manhattan Bank iailiBMOW 60 East 42nd Street, New York, NY 10017 , , • - • .p...."..,. until Closing or sooner termination of this contract and shall pay to an existing mortgage as indicate .1 .)above: over or apply the Downpayment in accordance with the terms of ' (a)The Pr ..' .c conveyed subject to the continuing this paragraph.Escrowee shall(not) hold • . _ . , •. ' ...• •ayabla,with the Downpayment in an interest-bearing account for the benefit of the parties.If interest is held _benefit of the parties,it shall to-alb t .l L..,,d.., by ilucl...s.., h...„rad be paid to the party entitled to the Downpayment and the party Purchaser shall comply wuu all requirements of such commit[ cal receiving tlic interest shall pay any income taxes thereon.If inter- (or any other commitment accepted by Purchaser)and shall .rntah est is not held for the benefit of the parties,the Downpaymcnt Seller with a copy thereof promptly after receipt thereof f such shall be placed in an iOLA account or as otherwise permitted or commitment is not issued on or before the Commitment ,ate,then, ' ' required by law The Social Security or Federal Identification unless Purchaser has accepted a commitment that does n comply with numbers of the parties shall be furnished to Escrowee upon the requirements set forth above,Purchaser may tante tis contract by request.At Closing,the Downpayment shall be paid by Escrowee giving Notice to Seller within 5 business days aftc the Commitment to Seller.If for any reason Closing does not occur and either party Date,in which case this contract shall be deemed ancclled and there- gives Notice(as defined in paragraph 25)to Escrowee demanding after neither party shall have any further rights a:.inst,or obligations or payment of the Downpayment,Escrowee shall give prompt Notice liabilities to,the other by reason of this •ntract,except that the to the other party of such demand. If Escrowee does not receive Downpaymcnt shall be promptly refund • to Purchaser and except Notice of objection from such other party to the proposed pay- as set forth in paragraph 27.If Purc ser fails to give notice of meat within 10 business days after the giving of such Notice, cancellation or if Purchaser shall acc it a commitment that does not Escrowee is hereby authorized and directed to make such pay- comply with the terms act forth abo ,then Purchaser shall be deemed ment. If Escrowee does receive such Notice of objection within to have waived Purchaser's right ••cancel this contract and to receive a such 10 day period or if for any other reason Escrowee in good refund of the Downpayment by cason of the contingency contained in faith shall elect not to make such payment,Escrowee shall con- this paragraph.(Delete if in. plicable)(b)Purchaser and Seller agree Untie to hold such amount until otherwise directed by Notice from that the submission of an phcation to a mortgage broker registered the parties to this contract or a final, nonappealablc Judgment, pursuant to Article 12- of the New York Banking Law("Mortgage order or decree of a court.However,Escrowee shall have the right Broker")shall consul e full compliance with the terms and conditions at any time to deposit the Downpaymcnt and the interest thereon set forth in paragr It 8(a)(i)of this contract,and that Purchaser's with the clerk of a court in the county in which the Premises arc cooperation in .oil faith with such Mortgage Broker to obtain a located and shall give Notice of such deposit to Seller and Pur- commitment f•m an Institutional Lender(together with Purchaser's chaser. Upon such deposit or other disbursement in accordance cooperatio n good faith with any institutional Lender to which with the terms of this paragraph,Escrowee shall be relieved and Purchaser'.application has been submitted by such Mortgage Broker), discharged of all further obligations and responsibilities hereunder. and the.romp[giving of Notice by Purchaser to Seller of the name and (b) The parties acknowledge that,although Escrowee is holding addr : of each Mortgage Broker to which Purchaser has submitted the Downpaymcnt for Seller's account, for all other purposes su an application shall constitute full compliance with the terms and Escrowee is acting solely as a stakeholder at their request and for their convenience and that Lscrowec shall not be liable to either 9. Permitted Exceptions.The Premises arc sold and shall be con- party for any act or omission on its part unless taken or suffered veyed subject to: in bad faith or in willful disregard of this contract or involving (a) Zoning and subdivision laws and regulations,and landmark, gross negligence on the part of Escrowee. Seller and Purchaser historic or wetlands designation,provided that they arc not vio- jointly and severally agree to defend, indemnify and hold latcd by the existing buildings and improvements erected on the Escrowee harmless from and against all costs,claims and expenses property or their use; (including reasonable attorneys'fees)incurred in connection with (b) Consents for the erection of any structures bn, under or the performance of Escrowec's duties hereunder, except with above any streets on which the Premises abut; ' respect to actions or omissions taken or suffered by Escrowee in (c) Encroachments of stoops,areas,cellar steps,trim and corm- bad faith or in willful disregard of this contract or involving gross ccs,if any,upon any street or highway; negligence on the part of Escrowee. (d) Real estate taxes that arc a lien,but arc not yet due and (c) Escrowee may actor refrain from acting in respect of any payable;and matter referred to herein in full reliance upon and with the advice (c) The other matters,if any,including a survey exception,set of counsel which may be selected by it(including any member of forth in a Rider attached. its firm)and shall be fully protected in so acting or refraining from 10. Governmental Violations and Orders.(a) Seller shall comply action upon the advice of such counsel. with all notes or notices of violations of law or municipal (d) Escrowee acknowledges receipt of the Downpaymcnt by ordinances,orders or requirements noted or issued as of the date check subject to collection and Escrowce's agreement to the provi- hereof by any governmental department having authority as to sions of this paragraph by signing in the place indicated on the lands, housing, buildings, fire, health, environmental and labor signature page of this contract. conditions affecting the Premises.The Premises shall be conveyed (c) Escrowee or any member of its firm shall be permitted to act free of them at Closing. Seller shall furnish Purchaser with any as counsel for Seller in any dispute as to the disbursement of the authorizations necessary to make the searches that could disclose Downpaymcnt or any other dispute between the parties whether these matters. or not Escrowee is in possession of the Downpaymcnt and con- _-•_ tinues to act as Escrowee. mises pursuant to the Administra• e City of New 7. Acceptable Funds. All money payable under this contract, York incurred • . - .sing and payable in money shall be dis- unless otherwise specified,shall be paid by: (a) Cash,but not over$1,000.00; 11. Seller's Representations.(a) Seller represents and warrants (b) Good certified check of Purchaser drawn on or official to Purchaser that: check issued by any bank,savings bank,trust company or savings (0 The Premises abut or have a right of access to a public and loan association having a banking office in the State of New road; York,unendorsed and payable to the order of Seller,or as Seller (ii) Seller is the sole owner of the Premises and has the full may otherwise direct upon not less than 3 business days notice(by right,power and authority to sell,convey and transfer the same in telephone or otherwise)to Purchaser; accordance with the terms of this contract; (c) As to money other than the purchase price payable to Seller (iii) Seller is not a"foreign person",as that term is defined at Closing,uncertified check of Purchaser up to the amount of for purposes of the Foreign Investment in Real Property Tax Act, $ 500.00 ;and Internal Revenue Code("IRC') Section 1445,as amended,and (d) As otherwise agreed to in writing by Seller or Seller's the regulations promulgated thereunder(collectively"FIRPTA"); attorney. (iv) The Premises are not affected by any exemptions or abatements of taxes;and (v) Seller has been known by no other name for the past ten of Purchaser hereunder arc conditioned upon issuance on .r years,except before ,(the"Co• it- mcnt Dale")of a written commitment from any lash [tonal Lender pursuant to which such Institutional Lender :groes to make a first mortgage loan, other than a VA, F • or other (b) Seller covenants and warrants that all of the representations governmentally insured loan,w Purchaser,at Pur ascr's sole and warranties set forth in this contract shall be true and correct cost and expense,of$ or such lesser at Closing. sum as Purchaser shall be willing to accept,at c prevailing fixed (c) Except as otherwise expressly set forth in this contract,none rate of interest not to exceed .r initial adjustable rate of Seller's covenants,representations,warranties or other obliga- tions contained in this contract shall survive Closing. of interest not to exceed for.term of at least years and on other customary commit,cit[terms,whether or not 12. Condition of Property. Purchaser acknowledges and repre- conditional upon any factors other an an appraisal satisfactory smuts that Purchaser is fully aware of the physical condition and to the Institutional Lender.For pu .oses of this contract,the term state of repair of the Premises and of all other property included "Institutional Lender"shall meal any bank,savings bank,private in this sale,based on Purchaser's aser's own inspection and investigation banker,trust company,savings d loan association,credit union or thereof,and that Purchaser is entering into this contract based similar banking institution wl lhcr organized under the laws of this solely upon such inspection and investigation and not upon any state,the United States or a ,other state;foreign banking corporation information,data,statements or representations,written or oral, licensed by the Superi. cadent of Banks of New York or the as w the physical condition,state of repair,use,cost of operation Comptroller of the Curr ncy to transact business in New York Stale; or any other matter related to the Premises or the other property insurance company d y organized or licensed to do business in New included in the sale,given or made by Seller or its representatives, York State;mortgat banker licensed pursuant to Article 12-D of the and shall accept the same"as is"in their present condition and Banking Law;an any instrumentality created by the United States or state of repair,subject to reasonable use,wear,tear and natural any state with c power to make mortgage loans Purchaser shall 0) deterioration between the date hereof and the date of Closing stake promp .pphcation to an Institutional Lender for such mortgage (except as otherwise set forth in paragraph 16(()), without any loan•(ii) rnish accurate and complete information regarding reduction in the purchase price or claim of any kind for any Purcltas and members of Purchaser's family,as required,(iii)pay all change in such condition by reason thereof subsequent to the date fees, t•nts and charges required in connection with such application of this contract.Purchaser and its authorized representatives shall and .an,(iv)pursue such application with diligence,(v)cooperate in have the right,at reasonable times and upon reasonable notice(by g.•d faith with such Institutional Len{ler to obtain such commitment telephone or otherwise)to Seller,to inspect the Premises before Closing. • Wise, cxccpt that: (i) Scllcr shall promptly refund or cause the 27.Broker.'Scllcr and Put, —..cacti represents and warrants to the ' i Escrowcc to refund the Downpayment to Purchaser and,unless other that it has not dealt with any real estate broker in connection with ' cancelled as a result of Purchaser's default or pursuant to para- this sale other than graph 8,to reimburse Purchaser for the net cost of examination of _ title,including any appropriate additional charges related thereto, None and the net cost,if actually paid or incurred by Purchaser; for updating the existing survcy of the Premise's or of a new survey, ("Broker")and Scllcr shall pay Broker any commission earned pur- and(ii)the obligations under paragraph 27 shall survive the ter- suant to a separate agreement between Seller and Broker.Seller and urination of this contract. Purchaser shall indemnify and defend each other against any costs, 22. Affidavit as to Judgments,Bankru tcies,ale.if a title exami- claims and expenses,including reasonable attorneys'fecs,arising out P of the breach on their respective parts of any representation or nation discloses judgments,bankruptcies or other returns against agreement contained in this paragraph.The provisions of this persons having names the same as or similar to that of Seller, graph shall survive Closing or.ifClosing docs not occur,thetermina- Seller Seller shall dclivcr an affidavit at Closing showing that they arc lion of this contract. not against Seller. . 23.Defaults and Remedies.(a) If Purchaser defaults hereunder, 28. Miscellaneous.(a) All prior understandings.agreements,rcprc- septations and warranties,oral or written,between Seller and Pur- Seller's sole remedy shall be to receive and retain the Downpay- ment as liquidated damages,it being agreed that Seller's damages chaser arc merged in this contract:it completely expresses their full in case of Purchaser's default might be impossible to ascertain and agreement and has been entered into after full investigation,neither, party relying upon any statement made by anyone else that isnot set that the Downpayment constitutes a fair and reasonable amount of damages under the circumstances and is not a penalty. forth in this contract. (b) If Seller defaults hereunder, Purchaser shall have such (b) Neither this contract nor any provision thereof may be waived, remedies as Purchaser shall be entitled to at law or in equity,includ- changed or cancelled except in writing.This contract shall also apply , mg,but not limited to,specific performance. to and bind the heirs.distributees.legal representatives,successors and permitted assigns of the respective parties.The parties hereby 24. Purchaser's Lien.All money paid on account of this contract, authorize tlteir respectiveattorntya to agree in writing to any changes and the reasonable expenses of examination of title to the Premises - in dates and time periods provided for in this contract. and of any survey and survey inspection charges, arc here- (c) Any singular word or term herein shall also be read as in the by made liens on the Premises,but such liens shall not continue after plural and the neuter shall include the masculine and feminine • default by Purchaser under this contract. gender,whenever the sense of this contract may require it. 25. Notices.Any notice or other communication("Notice")shall be (d) The captions in this contract arc for convenience of reference in writing and either(a) sent by either of the parties hereto or by their only and in no way define,limit or describe the scope of this contract respective attorneys who arc hereby authorized to do so on their and shall not be considered in the interpretation of this contract or any provision hereof. behalf or by the Escrowcc,by registered or certified mail,postage (e) This contract shall not be binding or effective until duly cxc- prcpaid,or cutcd and dclivcrcd by Seller and Purchaser. . (b) delivered in person or by overnight courier, with receipt • (I) Sellcrand Purchaser shall comply with lRCreporting require- acknowledged.to the respective'addresses given in this contract for ments,if applicable.This subparagraph shall survive Closing. the party and the Escrowee,to whom the Notice is to be given,or to (g) Each party shall,at any time and from time to time,execute, such other address as such party or Escrowcc shall hereafter dcsig- acknowledge where appropriate and dclivcr such further instruments nate by Notice given to the other party or parties and the Escrowee and documents and take such other action as may be reasonably pursuant to this paragraph.Each Notice mailed shall be deemed requested by the other in order to carry out the intent and purpose of given on the third business day following the date of mailing the this contract.This subparagraph shall survive Closing. same,cxccpt that any notice to Escrowee shall be deemed given only (h) This contract is intended for the exclusive benefit of the parties upon receipt by Escrowcc and each Notice dclivcrcd in person or by hereto and,except as otherwise expressly provided herein,shall not overnight courier shall be deemed given when delivered. be for the benefit of,and shall not create any rights in, or be , 26. No Assignment.This contract may not be assigned by Purchaser enforceable by.any other person or entity. , without the prior written consent of Seller in each instance and any purported assignments)made without such consent shall be void. , I � 1N WITN HEREOF,this contract has been duly.executcd by the ' s hereto. . , , det.,,iie-7 0)14- ..,• Ro _..._... iQn�kllerr Seller Allen Kraus Purchaser Seller Purchaser . Elliot W. Stone Attorney for Seller:Fredrick A. Becker, Esq. Attorney for Purchaser: - Address: 122 East 42nd Street ,.Suite 2100 Address: New York, New York 10168 Tel.: (212) 867-3820 Fax: (212) 983-5276-• Tel.: Fax: Receipt of the Downpayment is acknowledged and the undersigned agrees to actin accordance with the provisions of pamgmph 6 above. )�� -•-•-•- - . c- et/at_/f /J`-c-6.44.--_ Escrowee Escrowee Iuu#rtut of A2iXC `PREMISES . Tina No. District 1000 ,Section 067.00 . Block 04.00 . RONALD M. WINKLER• Lot 020.004 and - . County or Town Southhold, Suffolk ELLIOT W. STONE Street Number Address' 690 Huntington Blvd. 'TO and 20 Second Avenue - Peconic ALLEN KRAUS EPA and HUD Lead Paint Regulations:Owners of pre-1978 housing must disclose known lead-based paint hazards ' to purchasers.Use the following BLUMBERG LAW PRODUCTS(800 LAW MART)to comply: ' 3140 Information Booklet 3142 Disclosure Form,Sale of Residence 3143WIN Disclosure form software 13. Insurable Title.Seller shall give and Purchaser shall accept required by law or by tl..-—.tract to pay such transfer and/or . such title as recording tax, together with.iny required tax returns duly exe- cuted and sworn to,and such party shall cause any such checks shall be willing to approve and insure in accordance with its and returns to be delivered to the appropriate officer promptly li- , , ' standard form of title policy approved by the Ncw York State after Clnd an obligationr penalties to nay any sahaili survivenal tax or dc. Insurance Department,subject only to the matters provided for in cicncypnd any interest or thereon shall Closing. this contract. - 18. Apportionments and Other Adjustments; Water Meter and 14. Closing,Deed and Title.(a)"Closing"means the settlement of Installment Assessments.(a)To the extent applicable,the follow- the obligations of Seller and Purchaser to each other under this ing shall be apportioned as of midnight of the day before the day contract,including the payment of the purchase price to Seller, of Closing: and tltc delivery to Purchaser of a (i)taxes,water charges and sewer rents,on the basis of the fiscal period for which assessed;(ii)fuel;(iii)interest on the exist- ing mortgage; (iv) premiums on existing transferable insurance deed in proper statutory short form for record,duly executed and policies and renewals of those expiring prior to Closing;(v)vault acknowledged,so as to convey to Purchaser fee simple title to the charges;(vi)rents as and when collected. Premises, free of all encumbrances, except as otherwise herein (b) If Closing shall occur before a new tax rate is fixed, the stated.The deed shall contain a covenant by Seller as required by apportionment of taxes shall be upon the basis of the tax rate for subd.5 of Section 13 of the Lien'Law. the immediately preceding fiscal period applied to the latest . (b) If Seller is a corporation,it shall deliver to Purchaser at the assessed valuation. time of Closing(i)a resolution of its Board of Directors authoriz- (c) If there is a water meter on the Premises,Seller shall furnish ing the sale and delivery of the decd,and(ii)a certificate by the a reading to a date not more than 30 days before Closing and the Secretary or Assistant Secretary of the corporation certifying such unfixed meter charge.and sewer rent,if any,shall be apportioned resolution and setting forth facts showing that the transfer is in on the basis of such last reading. conformity with the requirements of Section 909 of the Business (d) If at the date of Closing the Premises arc affected by an deed Corporation Law.The insuch case shall contain a recital assessment which is.or may become payable in annual install- ments,and the first installment is then a lien,or has been paid, then for the purposes of this contract all the unpaid installments shall 15. Closing Date and Place.Closing shall lake place at the office Closinc considered due and shall be paid by Seller at or prior to Fredrick A. Becker, ,Es g of 4• (e) Any errors or omissions in computing apportionments or 122;East 42nd Street Suite 2100 other adjustments at'Closing shall be corrected within a reason- New York, New York 10168JG0u41 31, able time following Closing. This subparagraph shall survive 2002 Closing. at10:00am o'clock on or about Beee.nt zt r, o0t or,upon reasonable notice (by telephone or otherwise) by Pur- 19. Allowance for Unpaid Taxes, etc.Seller has the option to chaser,at-the-office-0F See Rider credit Purchaser as an adjustment to the purchase price with the amount of any unpaid taxes,assessments,water charges and sewer rents,together with any interest and penalties thereon to a date not less than five business days after Closing,provided that official 16. Conditions to Closing.This contract and Purchaser's oblige- bills therefor computed to said date are produced at Closing. tion to purchase the Premises arc also subject to and conditioned 20. Use of Purchase Price to Remove Encumbrances.If at Clos- upon the fulfillment of the following conditions precedent: ing there are other liens or encumbrances that Seller is obligated (a)The accuracy,'as of the date of Closing,of the represents- to pay or discharge,Seller may use any portion of the cash bal- tions and warranties of Seller made in this contract. ince of the purchase price to pay or discharge them, provided of Occupancy or other required cc o corn- Seller shall simultaneously deliver to Purchaser at Closing instru- CertificateP Y qments in recordable form and sufficient to satisfy such liens or pliancc, or evidence that none was • .,covering the build- encumbrances of record, together with the cost of recording or ing(s)and all of the oth - ovemcnts located on the property filing said instruments.As an alternative Seller may deposit sufft- authorii'.: 'r use as a family dwcl- tient monies with the title insurance company employed by Pur- chaser acceptable to and required by it to assure their discharge, (c) The delivery by Seller to Purchaser of a duly executed and but only if the title insurance company will insure Purchaser's title sworn affidavit(in form prescribed by law)claiming exemption of clear of the matters or insure against their enforcement outs of the the sale contemplated hereby,if such be the case,under Article Premises and will insure Purchaser's Institutional Lender clear of ' 31-B of tltc Tax Law of the State of Ncw York and the Regula- such matters.Upon notice(by telephone or otherwise),given not tions promulgated thereunder,as the same may be amended from less than 3 business days before Closing,Purchaser shall provide time to time(collectively the"Gains Tax Law");or if such sale separate certified or official bank checks as requested to assist in shall not be exempt under the Gains Tax Law, Seller and Pur- clearing up these matters. chaser agree to comply in a timely manner with the requirements 21. Title Examination;Seller's Inability to Convey;Limitations of of the Gains Tax Law and,at Closing,Seller shall deliver to Pur- Liability. (a) Purchaser shall order an examination of title in chaser(i)an official return showing no tax due,or(ii)an official respect of the Premises from a title company licensed or autlto- return accompanied by a certified or official bank check drawn on riccd to issue title insurance by the New York State Insurance a Ncw York State banking institution payable to the order of the Department or any agent for such title company promptly after Ncw York State Department of Taxation and Finance in the the execution of this contract or,if this contract is subject to the amount of the tax shown to be due thereon.Seller shall(x)pay mortgage contingency set forth in paragraph 8,after a mortgage promptly any additional tax that may become due under the Gains commitment has been accepted by Purchaser. Purchaser shall Tax Law, together with interest and penalties thereon, if any, cause a copy of the title report and of any additions thereto to be which may be assessed or become due after Closing,and/or cxc- delivered to the attorney(s)for Seller promptly after receipt thereof. cute any outer documents that may be required in respect thereof, to andindemnify,defend and save Purchaser harmless from and (b)(i) inat accordancethc date of Closings Sellerois t,unablerPurchaser o rfhasr loe other(y) Y Purchaser in with this contract,or has other against any of the foregoing and any damage, liability,cost or valid grounds for refusing to close, whether by reason of liens, expense(including reasonable attorneys"fees)which may be suf- encumbrances or other objections to title or otherwise(herein col- fcred or incurred by Purchaser by reason of the nonpayment there- lectively called"Defects"),other than those subject to which Pur- of.The provisions of this subparagraph(c)shall survive Closing. chaser is obligated to accept title hereunder or which Purchaser (d) The delivery by Seller to Purchaser of a certification stating may have waived and other than those which Seller has herein that Seller is not a foreign person,which certification shall be in expressly agreed to remove,remedyor discharge and if Purchaser the form then required by FIRPTA. If Seller fails to deliver the shall benunwilling to waive the sae and to close title without aforesaid certification or if Purchaser is not entitled under abatement of the purchase price, then, except as hereinafter set FIRPTA to rely on such certification,Purchaser shall deduct and forth,Seller shall have the right,at Seller's sole election,either to withhold from the purchase price a sum equal to 10%thereof(or take such action as Seller may deem advisable to remove,remedy, . any lesser amount permitted by law)and shall at Closing remit the discharge or comply wit$.such Defects or to cancel this contract; withheld amount with the required forms to the Internal Revenue (ii)if Seller elects to take action to remove,remedy or comply with Service. such Defects, Seller shall be entitled'from time to time, upon (c) The delivery of the Premises and all building(s)and improve- Notice to Purchaser,to adjourn the date for Closing hereunder for mcnts comprising a part thereof in broom clean condition,vacant a period or periods not exceeding 60 days in the aggregate(but not and free of leases or tenancies,together with keys to the Premises. extending beyond the date upon which Purchaser's mortgage (f) All plumbing(including water supply and septic systems,if commitment,if any,shall expire),and the date for Closing shall be any),heating and air conditioning,if any,electrical and mechani- adjourned to a date specified by Seller not beyond such period.If cal systems,equipment and machinery in the building(s)located for any reason whatsoever,Seller shall not have succeeded in re- on the property and all appliances which arc included in this sale moving,remedying or complying with such Defects at the expire- being in working order as of the date of Closing. tion of such adjournment(s),and if Purchaser shall still be unwil- (g) If the Premises arc a one or two family house,delivery by ping to waive the same and to close title without abatement of the the parties at Closing of affidavits in compliance with state and purchase price, then either party may cancel this contract by local law requirements to the effect that there is installed in the Notice to the other given within 10 days after such adjourned date; Premises a smoke detecting alarm device or devices. (iii)notwithstanding the foregoing,the existing mortgage(unless (h) The delivery by the parties of any other affidavits required this sale is subject to the same)and any matter created by Seller as a condition of recording the deed. after the date hereof shall be released, discharged or otherwise 17. Deed Transfer and Recording Takes.At Closing,certified or cured by Seller at or prior to Closing. official bank checks payable to the order of the appropriate State, (c) If this contract is cancelled pursuant to its terms,other than City or County officer in the amount of any applicable transfer as a result of Purchaser's default,this contract shall terminate and and/or recording tax payable by reason of the delivery or record- come to an end,and neither party shall have any further rights, ing of the deed or mortgage,if any,shall be delivered by the party obligations or liabilities against or to the other hereunder or other- • IA 10/09/01 TUE 11:35 FAX 516 722 9631 COMMONWEALTH 0 005 .I 7•r y.t 4•r.'T�t�i, '0^;,,-;%,;01$ ♦' i, r e -r , t~ + w }� . ,. '' l�+{l: yl.''Al.., t raft �yf1.. l l.� I ; r k '(� r 1 1� r4, �ry ' lry •Grl r`Ir _1' I u+ 'i:, Irl, .1 . 71, . ,,e' � . ' !-, i 1!. �� 1; •ri r 1 �. ;1 •�,'. 1 ..y •L',•1 ,... , � 11{ '' 1••�' I' .I .G, +......v...vr..r„ •-.--+•.t... _, I 0. •• c-w. 4 net an. � Ix,71 Ft, ro...w t TOY U TTW roost Mega 7P a.Maerlrrt—roo i Y INT Wawa M vs=I,I SM! 4 +r,.1�' , 6 ,'yy 11)357 13 •»:;•t'1 J +gid I j� 1 S;r T?iq lND[1rR7nJ4.r..ar t.. 15th a. d Bunn t �`• , .I.b.r•'•••�•drs0aad01ghty'aaven �'''! n1 111E7 EN LARY U. tYINuSKI and Gnu. DOKO5y1, his rt(e, ,, h fOt 7 41 . rciIJtn ..t 41} Nunuall Lane, 4g AA ' I.9 4 5 Cutahoquo, New York 1 ltp ; TO l ra qi. ✓} 1 . I•rry,.9', .ra pod,u-0 ';If,r A" ll ✓t ,11,1' 'llj d '� 1 ..LL10T x, STONE and RUNLLD X. MINKLER, 'r Winkler, Itn Yltt C/o Pin.is P�''!I,,h'. •'IV!. ''�' New Turk 100 h Avanan, suite 1777, Now York, ,(,.rfFgp: l y1 e'; )U 141, •Uihtil . )1 j Wf1t2VdtTFI.r••rM p.n,d ISI 11.r pI..n,In enn4Mnikn d Tra f tdk.h od o1wT wawa*ra.wdrruldl • lill..or f 1 1-31' t r I 1,7'... 1..4 by lie ratty M r-.r.1 Ian dr.1 gel 19.110 W woo 11r tarty o1 U..pend Fan.IM Min - , h' I I f.1'1•+' or••la..n Illd b. .4.M k-ny d the second mil tarnrrr, i. ;i.•i" •t !;1 e.: AIL.1y MLA.P.Prtt•r prat d Lod,,ota d.I•d4• 11 a.d lefotvenrael dl'rtlo mesa Warte.'(11.13. y a IJJ,f�,, '. ,, ry.y..dwryMk/r t I•n.•nnlc, t:..dnty a/ Suffolk end $tato at ler York, i ' {� '+'t ,I• .ro.r., and Jv.rynat.:d is and by the lilt■ NLmberod 70 and 79 on 1 fT. '; Cartall n"l' unllll••,1. '14..y M.. I, Pr.onl,.• 51.nr',', and flied In I11l tl�, tht Surfilk CountyC,urk'a Office de Nap N0. 614 on 6eptambor Iy, t1970. • r')hl� �i 1: :INU AND IvTl.R1.11U Tl hr lhv aL IW romleos as convoyed to tho ' ri,,,,.::::, lS o .+:,','�,. ',Arty 01 (be !In•t it U r rd dated l}r(- r 'tiny IYka, In LII.,- 'uulo1 may Sr 1986. recordud 1 ;1 �j ,# p{i f {...r,c 770. I;IS:`( Y?/f 1I':,i,,p,,, DISTRICT IErt�l� 61.1 a4i ' 1000 F ,ti r` __ - 111.;s1..: SECTION l�,�ll lyr 0•%46 I • ;PO' !4� Rlexk t+ 'L 04.00 1 I rr;'P • 12.1:t,' r ,1 I.( r . I ;;1.)'Na .. 1r4'd � ` -. Rr ,i' I •,liir I. jt • lh`.1 'It,r 1 �M .• k 7''• it. 714.1*':_ a....1..1.- I.1.1 T 111 R•.t1 an..any,raI...,I Innu.1, 1.eq d : I.rL.,..t d..1.... 4..l_.1 I ...to...I.r.u. n"Pn7 a1 dr SW(WI w aM to•9r Mr.a.end ! �j1 1 ii.i ll.'la•...,.ol he...4 II.t-Iy'4 or 6. Pn In and Pari Pe•mad .PTllf R nth IA r yAnnwNN TO . r 7P f y ,r� - ,.I ,..e r.. mr el int n^h++l to IIAt•I 1q , I am,„.ti r.,,.l rml,n. `^ ANi r'. 1ll ,CI AC1,II.plq...lll. I.r.r Ian...I.1.,. 'iI u.I.rry'.111r a,r1 en MI nA . IC:n . r �y.ry 9., I.rr r...n...... • ru ..Auly.4 It r.I,^ .,. MR". 1 1I 'L'M w mPt'.d n km 4la an ,.r. .Ir. •d'1.4•.r rah� Ilrl IML 1.la..r.rt.unlr I Ian?1'r1II ,�I .. an. I/.d+I.,nam••1 1M ,+I of IM !'a..mrm 41r.r.uan ul �! 1�•+ ..1.••.Mr l..rp.y t"V pm :Ng trA d ON IMM b. �` 1 -r., 1 ,i tip+ �F lb.nt•I I.m'.MII I..rma,IMl a.,I a u•d' na: p ,IIII r,...-.�,.� 1• vN•a•rr d.raw d Iki./Meng„,., .• 1 d VIII , s d 9yT i(tU...••••i•.r,1t.1n)d.ti drat Ian M,dal r. tr. r•q•d� *..t • r %TartL r I.tlry alk e.d a'7 W Pit M1ru.,, t �, j1 � t•H444.2/1., g �/ • '� Y t !; � r i / Ay D. DORGSKI �M-i —. 4,14'1,1 J 1`}r. ' // ` / , / _ ' i;'"?': 0i4' �/� (NG+��Y ha ht. 1''� ' •!.1.'� � % X14 DOROSKI �.i ".',`ti v;-,i,.N. 1jw... SC VWdwu.. -A1111 rx teS• 'Rider to residential contract of sale between Ronald M.Winkler and Elliot W.Stone,As Sellers and Allen Kraus,As Purchaser 29. The following terms are made part of the attached Residential Contract of Sale. If there is a conflict between these terms and the printed terms of the form Contract,the provisions of this rider shall control. 30. Supplementing paragraph 15 of the-form Contract-If the closing takes place outside of the 5 boroughs of New York City or Nassau County,Purchaser shall reimburse Sellers $500:00 for Sellers' additional attorney travel fees. , 31. Department Approvals.This contract is contingent upon Purchaser obtaining,at his own cost and expense,within 90 days from the date Purchaser's attorney receives a fully executed copy of this contract,the following: (a) approval from the Suffolk County Department of Health Services for location of well and sanitary systems for a single family residence; ,(b) water report reflecting that water meets standards set by New York State or Suffolk County,or a letter of water availability from the water district,if applicable; (c) approval,if required,from the NYS Department of Environmental Conservation and • any governmental agency having jurisdiction thereof for construction of a single family residence; (d) and building permit from the Town of Southold for the construction of a single family dwelling. ' In the event Purchaser can not obtain all of the necessary permits within 90 days from the date Purchaser's attorney receives a fully executed copy of this contract,Selleis shall have the option to terminate this contract and will make a prompt refund of the downpayment to Purchaser,and the contract shall be terminated without further recourse or penalties from either party. Se[.ers shall also have the option of extending Pun chase''s time period for obtaining said permit's and setting a new closing date. Notwithstanding the foregoing,in the event Purchaser is diligently pursuing said permits,and provides proof to Sellers of such action,including,but not limited to filing receipts,and copies of other relevant documents in connection with said permit process,the parties to this contract agree to extend the above-referenced 90 day time period for an additional 90 day period'. At the end of this extension,Sellers may grant Purchaser an additional extension to obtain said permits or cancel the contract and promptly return the Purchaser's downpayment. In the event that prior to the closing date,the approvals and/or building permits are denied and the Purchaser is unwilling to waive same to close title;and provided Purchaser has acted diligently and in good faith in pursuing said approvals and/or permits,then Purchaser may cancel this contract by giving Notice to Sellers within 5 business days of Purchaser's receipt of said denial(s),and Sellers sliall promptly refund the Purchaser's downpayment,and the contract shall he terminated without further recourse or penalties from either party. Nothing herein shall obligate either the Sellers or the Purchaser to bring a variance proceeding to obtain any such permits or approvals. In addition,nothing herein shall obligate the Sellers to incur any expense for a survey,to file any application with or to pay any fees to any agency or entity in connection with obtaining said approvals and/oi permits. Sellers agree,however,to execute any consents required to obtain said approvals,permits or survey of the premises. (VU Ub)402'(1 b Dated: October., )20(f 1 (4°111P Rina . t. �irikler,Sellers Elliot W.Stone,Seller Allen Kraus,Purchaser 9 • • • • • • loo QT O •os T I Laauput o uaa Kaz o � T 'sossU P20 eu� uT :NVN116/K 'ON LuoT*TkTpgx,s aPO4duOR!,1 uu arum e= 8M101141140 iR7 •sasogg oTuoaaa •aa:aq dual itogM g a T$ o `gbnoz data 'eT T3 a sT q= •9 a6- 04 fD-Dq spa ;x T T33g ue 3du t:T Ttri ' • ' • buTxaptxoM 4onf a D qT my int x � •uoTI1TATP te1n4vtt a squeee1daa trss oq. a�gnan eT qaq 'R sedo T bu=u maa44 I t �aQd aYoq p �a� Xaew .t q; buTAnq uT sioanuoind um; gse�f®quT pvq sT K a sabnggva �� t• =ngEu S s' eq au8 K t�u0� eQq ' qT,�[�Tq4 I pus sgs�T 0144 uo a a_zedoard etp. ;o uo pEs i►'tp 4214.0.9(ugT ' '� suaddaq opTse= q O'FTtnN axeq i �8nsgsuac, ueaxt aA�ts+esnoqg:14;1:14:: qat Axea eau . Tut apT'gQOTTddv aqq uF g:14g suoeaa:�k' 8Tave a iaanBax oq 05/TT PTnok ee : • .BN • Leede eq. aeggxm aqM guaeaatt asTa swumeaeq4 aY LuOTgooTTd'ds rpm a:o3 • -Bak s714. 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'xyl :na. epum usuc pug TTst ?0ia �e0 � upFgvoPx �teTu4oa 4%144 q LTD 4 mom3 asqqaTgpaintuit oiTe II F eqs -aogoepdeuI FpTT� a� aTvna=ddputp'�� '•e�dedsreLnv o o ego uT uOT4u0Trgnd nqT 04 bas4=T3-a '6uTae3o eoCbet anueuTpxD tntac9 0114 .04v as; 144/20tdda aqq buTpvoi e4TAoU• Aq 611rpr3aq eqg pauado uzramT •eti ,'L 'oN 'stozotts .OTUooad go ts9 'om ds imp eATOntrtT OTT Her' 141-pus 6L .pus• 8 L owl ••=A4.2ad go uo• gvtior -R;FT .� seas gcxaToT=aneu' t[4•TA -A4zsdcud,epTATp 04 uOTe8Tm1ad•xo; atnPagsas !!!!!!"11E! UT!xg xtne •`APUB 0E-Uvt u0T40es 'III at& 'at�ttauTpzJ BuTizog 2,14 04 aattvFssttn a ;03 o112044V et? 'v v po r •H tTabT aTr •Xsoa MoE. '4TUODva 'oust/ sT4ang 'QTnw go uo• �,g0TTdde; uodn - •55 S z .'0N teddy *©xxims t DI46ild • 61.61 '" 0Uf j? O8- swum/ AO, MO Mt% allowng6 a0 add CINVOITSild LJNnu T,n, uf-errtkLStsUAND : PAGE 03 Sr1TBOLD ".C'Q17N BOAV APPSALS -9- June ; 1979 • MA. DOUGLASS: I've never heard of it being excepted. THE CHAIRMAN: I was just wondering what criterion was used to establish the lot sires there. MR. DOUGLASS: someone drew thea up. THE CHAIRMAN: I mean other than a purveyor. MS. WIC1CHAM: I believe that back in 1929, when this was originally napped that was the size of the lot. MR. TUTHILL! Do you know if some of the original sized lots were merged, Gail? MS. WICRHAM: There are some parcels which are owned in single and separate ownership. MR. TUTHILL a In other words the Suffolk County Tax Map shows a different number of sots than the aubidvieop map?• MS. WXCKSSN: Right, because they are in single and separate ownership. It says 10,600. Section 100-12 of the Ordinance • TSB SECRETARY: Peaanic Shores, Seotit:n I is excepted, but .not Section II. • - MS. WICKHAM; I don't even see that. TSK SECRETARY: It's under the general. Prov'isiens of thee- 'dinance in the front aeu+tion. THE CHAIN: Mrs. Mullin, do you know the difference between Section X and Section ix? MRS: MULLIO: No. The Daly family were the original owners of this. I dont know how they arrived at the sire of the lots. Below me to the right there are houses on single lots. Ms. WICRHAN: I think that Section I is the portion along the Sound. TUB CHAT You wonder why Section I would be eaecepthd, but not Section U. As I remember it, i,t wari based on'how' Many houses existed ' at the time the•Zoning Ordinance came into existence. Were there many • houses on that propertyaet that time MRS. MULLIO= There were 3 down below -me to the right, but they are all on Biggs lots. Ti 'CHAIRMAN: I am not bringing this up to complicate your apli • cation tonight, but if •you own the rest of the property, you might check to ser if you can sell them as individual lots. • • • • - .-.. - - ••---• - - AAAA .. •- -. .. / .„ , . , • :i_ 1 . - ,,- , : Desk COPY : I ' '. `1 • •‘0° 1C ; [If 0 / *ilii ,ii1 s BUILDING ZONE ORDINANCE • TOWN OF SOUTHOLD - SUFFOLK COUNTY NEW YORK (-- 4s iA) eftec7- TIO I Dee- 70 . . . . 1//02. yfie C PAGe. 04 SOUTHOLD TOWN BOAR, p APPEALS -3.0 • Tree :` 1979' MO. WIoaHAN: They are not in the excepted list. No, they would need a variance to- do that. THE CHAIRMAN: .All you are doing here is separating your residence; from the rest of the property.• Between your house'apd the rept of the prgperty•are two summer cottages, is that cOIrect? This More or less establiahea the boundaries of.your property. • MS. WICKHAM: •The area of the whole parcel including the two cottages that she wants to set off is between 34,000 and $5,000 square feet. This is roughly 100 feet by 125 feet. TEM CARMAN: Does it give the total area on that map? MB. WIC HHAM: Not on the tax map, 'no. MRS. MULL/0: I think it is approximaely an core and a: halm. Mg. WIC&UAM: It would be approximately 22,000 to 23,000 for the reining, uni*proved property. I think that answers your question. • THE CHAIRMAN: It looks as though 'the lots are 50 feet by 100 feet.. in each lot. That is 5,000 each. Assume that lot 78 which is odd shaped is anpther 4 it 5;040 and 79 is approximately 4,000 square feet. This property is on a very steep hill. MS. WICKHAM: Lot No. 108 has the large drop in contour. THE CHAIRMAN: Yes, and that is the lot that has 6 os 7,000 . square feet. Everything that is remaining is about 23,000 square feat, MR. DOUGLASS: In•this division, what is your .intent for access? his. WICKHAM: The improved road has full frontage along lots 0.04 and' 105, which we are setting off. It also has full access along lot $.06 and a small 'portion of 107. So this whole piece which is impaaved new by the two cottages does have access on Burtie Place. Hurtie Place has not been improved north of that section. MR. noUGLASS: Rut she hes an Improved feed MS. WICKHAM: She has en.improved road from there. you can see how that road comes in. MR. DOUQLASg: What I am getting at is, 'is that what .you ere going to use to grant access to those iota. MRS. HULLI0: If I sell the rental properties, that improved road will be included. MR. DOUGIeASS: YOur road will come in the other way and stop at • the division line. I just want to make enure that you have accese for the rest of thio land when it is sold. MS. WICsa M: Yes, we understand that. They do have access from ......,.., ..W... ter,-� ...,.nu -AGE 96 scloTHOL1 TOW ROAR F APkBALB 711- June 14, 1979 either way. - Property? Will this leave the two A�-frame dwellings on one piece of property? MS. WX AIO Yee. MR. TUTHILL: In other 'words you ave just cutting the residence front the rest? Mg.. WICKHAM: Yes. We are just separating out the residence at this time. • • THIS CHAIRMAN: . When you divide out propesrty, one of the th�-nge you have toto determine i:a what is left. We just have tc make ears that the remaining portion is usable. WS. =mum: we felt that splitting off the residence on its own two Iota is not going to distort•the rest of the property. Timay ' ba that sone of these lotsddown here mey at some point be developed. We' would probably have to go to the planning bard to do that. ' TUB CHAIRMAN: 'You certainly would, if you wanted to,: ick four . lots there. I really doubt that you could gat more than one, which still . would not b a half acre. Is there anyone present who•wiahies tp speak against this application? (there was no response) . . After investigation and inspection the Board fines that the appiioant is the owner of nine under.rsised lots at Peoonip Shores, Section 2. fir•• rre sent residence oczoupies two lots, •and she wishes to divide' thcae two lots from the ,other semen. The Berard agrees with the roweoning of .the applicant. • • The Beard finds that strict application of, the Ordinance would produce, practical difficulties'or u ecess created is unique and would not be cry hardship; the hardihip therto is s vicinityof shared by all properties Alike in the property and in the same use diatr ;tity . and the :variance will not change the .character of •the 'neighborhood and will observe the spirit of the Ordinance. • an motion by Mr•. Hallie in P , .seconded by Mr. Aouglasa, it was SQLVIJp, that Luella L. mu].lio, Burnie. Lane, Peaonia hs GRA p asjo to xlivide propel , Mei York; width•anra td4: _.,. • LcacatiQn of y with insufficient area and 110 fucitiafvp on Ma property Lots 7$ X8. 79 arid 104 through p No. 654 of Paaoni8 shores, Section 2. Vet the ward: Ayes; !fie®ars; Gil.lispie, Grip l.a m and Douglass... , uthiii * * and Rt► h OXNG eNo. 4553 Ase r, Jac�CsppStr, Upon a Street, New Suffolk,pNewoYorkn oaf . A.slte: B. ��iga.ia • • r . •• _. 02/25/2002 15:54 6317659064 ZONINGAPPEALSBOARD : PAGE 02 • • SltTHOM TOWN OURS OF APPEALS -8e Wane .li; 1979 PUBLIC MARINO: Appeal No. 2555. - Upon application of Luella L. 14ul.lio, Burtie Lane, Peconic, •New York, abigai1 A. Wickham, as Attorney) , for a variance to the Zoning Ordinance, Article III, section 104-90 and Bulk Parking Schedule for.permission to divide'property• with insufficient area and width. Location of property: • Lots 78 .ant •'79 and- 104 through 110 inoluiive on Map No. 654 of Peconia• Shores, No. 2.• The Chairman opened the hearing by reading the applicatin fora variance to' the •goniug Ordinance, legal notice of hearing, affidavits attesting to its publication in the official 'newspapers., ant .disapproval from the 'Building Inspector. The Chairman also read a letter from the Ton Clerk that notification by certified• mail had been made to: Mr. and MrSL. Emil Siebert, Commissioner of :'Sacial• Services, County of Suffolk, Mr.• end Urn. Victor 7,'$plattenier.. Fee•paid .$15:•00. THH CHAIRMAN! The 'apprlivat±pxt in aooc pani.ed'by the County Tax .Map which shows t ,e paicels referred to as well as asketch map for the . Title Company made by van Tuyl indicating andmarked in red the lot .that the applicant wishes to set off from the other nine' Lots. There axe two cottages on the next lots, Lots No. 106, 107, 108, 109, 140 and 7 . and 79. Where are '5 lots. MRS. LUELLA L. MULLTO2 There are seven that I would like to separate mom the other two. There are nine altogether. Lots 104 and 105 are where the fuse is located. • Aolcigx. A. WICKHAM:, Mrs. Mullin owns 104 and all the way north to 109 and 110 and. then also 76• and 79. MR. DOIJLABS: Her dwelling occupies two lots. MS. WIC : Yes. THE CHAIRMAN: Is there anyone else present who wishes to speak for this applioation? • M8. •WICKHAIW: We would like to request s variance for reasons stated in the application. This is an- area where the lots •are • Pery small ehd houses have been constructed on very small lots. Mrs. • Mullio's reeidenbe happens to be on two lots and r think'it Ai a naturel divisd&on of the property. She has had interest from the rental cottages and the remaining 3 unablenabert in laying to sell the parcel as a Whole parcel. I thinit rep esentst.a natural divisi•on. THE CUAZ fN: X was just wondering .. . . this is not an Official rA is it? Xt gels back to 1945. It is a filed map though. dd6� wICRHAM: I have a whole map here. Peconic Shores. • • THE CBAIRMAt4: Is this an "excepted' subdivision? MS. WCCBAM: In the Town ordinance? ' I think so. mot it is not in the Ordinance, I'm sorry. 02/25/2002 15:54 6317659064 ZONINGAPPEALSBOARD : PAGE 03 SOUTHOLD TOWN BOARD OF APPEALS -9- June 14;-1979 MR. DJQLAe8: I've never heard of it being excepted. THE CHAIRMAN: t was just wondering what criterion was used to establish the lot sires there. • MR. DOUGLASS: Someone drew them up. THE CHAIEMAN: I mean other than a purveyor. MS. WICKHAM: I believe that back in 1929, when this was originally dapped that was the size of the lot. MR. Tt1THILL Do you know if some of the original sized lots were merged, Gail? MS. WICKHAM: There are some parcels which are Owned in single and separate ownership. • MR. TUTHILL: In other words the Suffolk County Tax Map shoos a different number of lots than the aubidvisop map?' • i MS. SPICK : Right, because they are in mingle and separate ownership. It says 10,600. Section 100-12 of the Ordinance ' TES SSCRETARYt Peconic Shores; Section I is excepted, but .not Section Ii. MS. WICKgAK; I don't even see that. THE SECRETARY: It's under the Generali Provisions of the tdinance in the front section. THE CHAIRMAN: Mrs. Mullio, do you know the difference between Section X and Section II? MRS. MULLIO: No. The Daly family were the original owners of this. I don't know how they arrived at the site of the lots. Below me to the right there are houses on single lots. M8. WXCRHAM: I think that Section I is the portion along the Sound. TEE CEAI You wonder why Section I would ba sxceptnd, but not Section mt. As I remember it, #. wad based on how Many houses existed at the time the Honing Ordinance came into existarms. Arere there many • houses on that propertyat:t that time? MRS. MWIO; There were 3 down below -me to the right, but they ars all on rile lots. THE CHAIRMAN: I am not bringing this up to complicate your apli- cation tonight, but if you own the rest of the property, you might check to see if you an sell them as individual lots. 02/25/2002 15:54 6317659064 ZONINGAPPEALSBOARD : PAGE 04 SO:DTHoLD TOWN BOARD off' APPEALS -10- 'Tune l4 .4 47 5t $S. WIC : Whey are not in the excepted list. do, they would need a Variance to- do that. TS8 CHAIRMAN: -All you are doing here is eeearating your residence from the rest of the property. Between your house'and the rest of the property. are two summer cottages, is that coPreot? This more or lase establiahee the boundaries of.your property. • MS. WICKHAM: •The area of the whole parcel including the two cottages that she wants to set off is between 34,000 and $5,000 square feet. This is roughly 100 feet by 125 feet. THE CHAIRMAN: Does it give the total, area on that map? - MS. WICKHAM: Not on the tax Map, no. MILS. MULLIO: I think it is approximaely an acre and a half. Mg. WICKHAM: it would be approximately 22,000 to 23,000 for the remaining, unimproved property. I think that answers your question. • THR CHAIRMAN: It looks as -though .the lots are 50 feet by 100 feet.. iu each lot. That is 5,000 each. Assume that lot 78 which is , Odd shaped is another 4 it 5,000 and 79 is approximately 4,000 square feet. This property is on a very iteep hill. MS. WICKHAM: Lot No. 108 has the large drop in contour. THR .CUAIRNAN: Yes, and that is the lot that has 6 flat 7,000 square feet. •Everything that is remaining is about 23,000 square feet. MR. DCUGLASS: In •this division, what is your intent for access? MS. WICKHAM: The improved road has full frontage along lots 104 and• 105, which we are setting off. It also has full aocesi along lot 106 and a small portion of 107. So this whole piece which is improved now by the two cottages does have access on .$urtis Place. Hurtia Place has not been improved north of that section. MR. DOUGLASS: Hut she hes an Improved foad N . WIC1N: She has an- improved road from there. you can see how that road comes in. • MH. pOUc=r.rLgS: What I am getting at is, •is that what •yotu erre, going to use to grant access to those lots. MRS. MULLIO If I sell the rental properties, that improved road will be included. Mx. DOUGLASS: TOur road will come in the other way and stop at • the division line. z just want to mare sire that you have aocesa for the rest of this land when it is sold. • MS. WIC u M Yes, we understand that. They do have access from 02/25/2002 15:54 6317659064 ZONINGAPPEALSBOARD : PAGE 05 BOUTSOLb TQWN BOARD ur APPEALS .=11- .,7le lA `079 • either way• HR. TpTSTid.: W3.tl this leave the two Arfre tae dwellings on one piece of property's KS. =MAK: Yes. MR. TUTBTLL: In other word you are just cutting the residence from the rest? • . WTD: Yea. We are )u.at separating out theresidence at this time. TU2 GdeY SNS : When you divide out property`, one of the things you helve to determine is uhat sable. left. wejusthave to make aura tha the re iAing portion is NS. WIC AM: We felt that splitting off the residence on its own two lots is not going to distort•the rest of the property. I't may be that some of these lotaddown hese may at sone goint be developed. WA would probably have to go to the planning boar to do that. ' TEE CUAIBMAN: 'You certainly would, if you wanted tiaiAktO four . lots there. I really doubt that you could get more than one which still . would not be a half sore.' Is there anyone present who-wishes tap speak against this application? (there was no response) . After investigation and inspection the Board fins that the applioant it the owner of nine underraised lots at Peaonio Shores, Section 2. Hoz...present residence occupies two lots„ .and she wishes to divide these two lots from the other seven. The Board agrees With the reasoning oaf -the applicant. The Board finds that strict application of, the Ordinance would produce practical difficulties'or unnecessary hardship; the'hardship created is unique and would not be Shared by all. properties -alike in the immediate vicinity of the property and in the .same use district, and the :variance -will not changethe .character of 'the neighbc:rhoo�d rind will observe the spirit of the Ordinance. • an aotion b3 Mr. Gil,liepye, . seconded by Aougiaaa, it was RESOLV$p, that Luella 7.,. mullio, Bvrtia be warm!,p issio:} to divide Lane, C fent a, New York; +aatiQn of Property with insufficient area end . 1l( iaalustne on Wap No. 664 of Peconide horea,ots 78 8ectja 2.79 -acid 104 through • Votes.of the Board: Ayes: Messrs: Gillispie, Grigonj,s, Tuthill and Douglass. * * * PUBLIC awn* - AppcaI. No. 2653 and Rt�shdS. Glasser/ �'Qakst StreetUP°n application ,f Stalter R. � New Suffolk, New York 4Abigsil, A. • ,'///////I/I�' ''' F1Ci • 4'°'o�� CDS' 0 _dol 0 �"".:"...m,///��I BUILDING ZONE ORDINANCE TOWN OF SOUTHOLD SUFFOLK COUNTY • NEW YORK ti APRIL 28, 1958 PRICE 25c ,' SECTION 1003a -.- All labor can extent exoeeilinp stn aggregate cost ,intalns any building o pr mases it where provision is made for the hot. / fifty (50) percent of the fair value Rich any such violatio sl :11 exist, lag and feeding of transient help re- of the building, unless the use of shall be guilty of a misde\sea Qlor. Eacn goalless of the number to be accom- suchbuilding is changed to a con- week's continued violatioilli s q 11 con- modated, shall first meet all require- forming use. stitute a separate additio al solation. ments of existing law. Farm labor (f) A non-conforming building Such fines or penalties call)be col- camps on farms shall not be located which has been damaged by fire or lected as like fines are n. collected nearer to any other residence than to other causes to the extent of mote by law. the residence of the employer except than fitly (50) percent of its fair SECTION 1013—EXCEPTIONS AS • as a special exception by the Board value shall not be repaired or re- TO CERTAIN SUBDIVISION LOTS- - of Appeals. The location of any other built unless the use of such building (a) ALL of the lots on a certain map • labor camp or camps not on farms shall is changed to a conforming use, entitled 'Map of Marion Manor, situ- be subject to the approval of the Zon- SECTION 1008 — TIDAL LANDS— ated at East Marion, Town of South- ing Board of Appeals. When the tidal lands are not shown as old, Suffolk County, New York, filed SECTION 1004—In any district, no zoned on the Zoning Map, they shad in Suffolk County Clerk's Office on Public Garage for more than three (3) be considered to lie within the "A" March 18, 1953, as Map No. 2038, shall motor vehicles and no gasoline vending Residential and Agricultural District be excepted from the provisions of station shall be erected or altered and but no structure erected therein shall Section 303 herein; As to Lots num- used within two hundred (200) feet of be erected upon such lands owned by bered one (1) through five (5) on said any premises used for a public school, the Town of Southold except upon the map, the sideyard requirements shall public library, church, hospital or or- approval of the Board of Town Trus- be reduced to tai (10) feet on each phanage. tees, side; and as to lots numbered thirty- • SECTION 1005—PUBLIC PARKING SECTION 1009—VALIDITY--Should three (33) through forty-seven (47) PLACES—No public parking place shall any section or provision of this. Or- on said map, the setback lines and be conducted in any district except as dinance be declared by a court of corn- rear yard requirements shall each be a special exception by the Board of petent jurisdiction to be invalid, such reduced to twenty (20) feet. Appeals. decisions shall not effect the validity (b) All of the Lots on the following SECTION 1006—No wall, fence, or of the Ordinance as a whole or any described maps shall be excepted from other structure and no hedge, tree, other part thereof. the provisions of Section 303 herein: shrub or other growth shall be erect- SECTION 1010—INTERPRETATION, (1) Sub-division Map of Section 2, ed, altered or maintained on any PURPOSE AND CONFLICT—In inter- Gardiner's Bay Estates, East Marion, corner lot at any point within preting and applying the provisions of New York, Map by O. W. Van Tuyl, twenty (20) feet from the inter- this Ordinance, they shall be held to dated July 21, 1957; section of the street lines,which may be the minimum requirements for the (2) Map of Beixedon Estates, Filed cause danger to traffic on a street promotion of the health, safety,morals March 16, 1947 as Map No. 1472. by obscuring the view. or the general welfare of the Town. It (3) Sub-division Map of Founders SECTION-1007—NON-CONFORM- is not intended by this Ordinance to in- Estates, dated Match 18, 192'7, and ING USES—Unless otherwise au- 'terfere with or abrogate or annul any amendments thereto; , thorized as a special exception by Town Building Code, or any rules and (4) Map of Sub-division known as the Board of Appeals as heteinbe- regulations adopted or issued there- Kennewood,dated January 9, 1954,filed fore provided, the following pro- under, or the rules and regulations of as Map No. 2180; visions shall apply to non-con- the Department of Health of the Coun- (5) Map of Southwood, Map file No. ' forming uses: (a) The lawful use of a building ty of 'Suffolk, and not in conflict with 2141; or existing on the elfinany of the provisions of this Ordin- (6) Plan of Lots owned by George true date premisesof this Ordinance, or au- ance; PROVIDED, however, that H. Wells, Southold, N. Y., Map file No. by a building permit issued where this Ordinance imposes a greater 859; thorized by athereto, may be continuedtssrestriction upon the use of buildings or (7) Bayside Terrace, Bay View, prior rugh usa does not cun- premises or upon the height of the Southold, N. Y. File No. 2034; althSouth- form with suchthe provisionseof this building, or requires larger open spaces (8) West Creek Development,Ordinance and such use may be ex- than are imposed or required by such old, N. Y. Map of April 20, 1937, File tended throughout the building law- provisions rules and regulations, the No. 1236; fully acquired prior to said date, provisions of this Ordinance shall con- ,(9) Sub-division Map of Cedar Beach (b) A non-conforming use of a• trol. Park situate at Bay View, Southold, building or premises may be chang- SECTION 1011—RHDTFS--In case N. Y. dated September 26, 1926, file ed to a use of the same or higher any building or structure is erected, No. 90; classification according to the pro- constructed, reconstructed, altered, re- (10) Map of Goose Neck, Southold, visions of this Ordinance. paired, converted or maintained, or N. Y. Map dated 1948, file No. 1663; • (c) Whenever a district shall any building, structure or land is used (11) Peconic Shores, Peconic, N. Y., hereafter be changed, any then ex- in violation of this Ordinance, or of Map of Jesse Wells, dated December fisting non-conforming use of a any regulations made pursuant thereto, 27, 1922, No. 1 and No. 2; building or premises in such chang- in addition to other remedies provided (12) Nassau Farms, Peconic, N. Y. ed district may be continued or by law, any appropriate action or pro- Map by O. W. Van Tuyl, No. 1179; changed to a use of a similar or ceeding whether by legal process or (13) Alonzo Jersey, Peconic, N. Y. i higher classification, provided all otherwise, may be instituted, or taken Map of O. W. Van Tuyl, April 21, 1930, other regulations governing the new to prevent such unlawful erection, con- File No. 763; use are complied with. struction, reconstruction, alteration,re- (14) Nassau Point Club Properties, (d) Whenever a non-conforming pair, conversion, maintenance or use, Section D, Map by O. W. Van Tuyl, use of a building or premises has to restrain,correct or abate such viola- March 24, 1926; and Amended Map— been discontinued for a period of tion, to prevent the occupancy of said Section A No. 156; more than two (2) years, or changed building, structure or land or to pre- (15) Captain Kidd Estates, Mattituck, to a higher classification, or to a vent any illegal act, conduct, business N. Y., Map by O. W. Van Tuyl, Janu- conforming use, anything ill this or use in or about such premises. ary 21, 1947, No. 1672; Section to the contrary notwith- SECTION 1012 — PENALTIES--For (16) Amended Map of Mattituck standing, the non-conforming use of any and every violation of the pro- Heights, Mattituck, N. Y. such building or premises shall no visions of this Ordinance, the owner. (17) Point Pleasant—Mattituck, N. Y. longer be permitted unless a variance general agent, or contractor of a build- Survey by Franklin F. Overton, April therefor shall have been granted by ing or premises, where such violations 8, 1916; the Board of Appeals as herein- have been committed or shall exist, (10) Salt Lake Village, Mattituck, before provided. and the general agent, architect, build- N. Y., Map by O. W. Van Tuyl, July (e) A non-conforming building er, contractor or any other person who 10, 1939; • may not be reconstructed or struc- knowingly commits, takes part or as- (19) Shore Acres, Mattituck, N. Y. turally altered during its life to an sists in any such violation or who File No. 41. vKL1NANCE SINCE FEBRUA{ty 361 ;•' +w s .;,,; ._ ..xr; (AnAm ;, ndme Artic__ III, Sec- 4:::-*Cyd :;%:1 0.4.i 300,ticn Subdivision "l :•�: y" ^ii b1j:jrNtl�ts�h: 1FA it ;' '"ii March 29, 7, adopted ; 1962 and became effective 'April 19, 1962. ) AMEi MENT TO THE EU IND ARTICLE III, SECTION 300, SUB-• ORAI16TAY $APRIL 19, 19 . DIVISION 7 -- 7 - Accessory buildings, includ- 1963 ing one (1) private (Amendment to Artl$le V. Section opted garewlocated en becamadeffectiv April21, 1963.) such accessory buildingsFebruaand in the rear yard, or a private garage within or attached to the SECTION 500 - In they."L"" Industrial dwelling: District, all buildings and premises may bp(Amendment to Article IV, Section the following useyexc ept that 408, Subdivision (b) , Subsection 2, 9 �� ted 408, subdivision March 29, 196and became ,Only Se a special exception by the Board of Appeals as hereinafter set effective April 19, 1962. ) fo rth: ARTICLE I% , SECTION 408, SUBDIVISION (AmendmenttoArticle V. Sectias (b) , SUBSECTION 2 - 2 = Exceed in width one hundred (100) 500, Subdivision 1, adopted February 1 percent of the horizontal measurement1, 19636and be:t_pe effective April such wall. 1y63.) (Amendment to Article ARTICLE V, SECTION 500, SUBDIVISION 1. 408, adopted MarchIV, Section 29 1962, 6 1. Abattoirs, became effective April 19,, 19622.. ) ARTICLE IV, SECTION 408, SUBDIVISION (Amendment to Article V, Section 300, subdivision 7, adopted February (c) -` ROOF SIGNS - In lieu26, 1963, and became effective sign authorized by of a wall April 1, 1983.) sub- division (b) , the Preceding a roof sign shall be ARTICLE V. SECTIO 500, gUHDIVT8I0Pb 17. vstnd providedro the nme is attached to or incorporated In d roof, which. sign shall advertise onlythe 1e.reduction oo offal or dend animals, business conducted in the building p durgping. upon which it is attached, and upon that such signpro- ,�•, does not: (Amenci�nent to•Paxticle V,' Section. 500, v Exceedht two (2) squarednot:eet in Subdivision 34, adopted February 26. 1total area for each lineal foot of 1963, anti became effective April 1, such roof, and 1963.) 2. Extend above the of the roof in the casegofst a point ARTICLE V, SECTION 500, SUBDIVISION 34. pitched roof, and in all other cases exceed two (2) feet six (6) inches 34. Stockyards or slaughter houses. in height above the highest point )f the roof, and J. Project beyond the edge of the roof. (Amendment to Article VII, Section 705, adopted March 29, 1962, and be- came effective April 19, 1952. ) ARTICLE VII, SECTION 705 -- SECTION 705 - For each applica- tion or Appeal to the Board of Appeals as hereinafter provided, there shall be a fee of five dollars ($5.00) accompanying the application or appeal. Fyn vo mZ',vrs Flom /96/ fha� /9�3 SECTION 1003a -.- All labor canextent•cxceedlgg In aggregate cost slntalns any building ,remises in where provision is made for �. ) m fifty'i50) pel'bent of the fair value ; Jich .ro such violation shall exist, Ing add feeding of transient re- of the building, unless the use of that illty of a misdemeanor.Erten gardless of the number to k_ ___im- such building is changed to a con- weel Itinued violation shall con- modated, shall first meet all require- forming use. stltu,.o a separate additional violation. ments of existing law. Farm labor (f) A non-conforming building Such fines or penalties shall be col- camps on farms shall not be located which has been damaged by fire or lected as like fines are now collected nearer to any other residence than to other causes to the extent of mole by law. ' the residence of the employer except than Iifty (50) percent of its fair SECTION 1013—EXCEPTIONS AS • as a special exception by the Board value shall not be repaired or re- TO CERTAIN SUBDIVISION LOTS— _ of Appeals. The location of any other built unless the use of such building (a) ALL of the lots on a certain map labor camp or camps not on farms shall is changed to a conforming use. entitled Map of Marlon Manor, situ- , be subject to the approval of the Zan- SECTION 1008 — TIDAL LANDS— ated at East Marion, Town of South- ing Board of Appeals. When the tidal lands are not shown as old, Suffolk County, New York, filed SECTION 1004—In any district, no zoned on the Zoning Map, they shall in Suffolk County Clerk's Office on Public Garage for more than three (3) be considered to lie within the "A" Match 18, 1953, as Map No.2038, shall motor vehicles and no gasoline vending Residential and Agricultural District be excepted from the provisions of station shall be erected or altered and but no structure erected therein shall Section 303 herein; As to Lots num- used within two hundred (200) feet of be erected upon such lands owned by tiered one (1) through five (5) on said any premises used for a public school, the Town of Southold except upon the map, the sideyard requirements shall public library, church, hospital or or- approval of the Board of Town Trus- be reduced to turn (10) feet on each phanage. tees, side; and as to lots numbered thirty- SECTION 1005—PUBLIO PARKING SECTION 1009—VALIDITY—Should three (33) through forty-seven (47) PLACES—No public parking place shall any section or provision of this.Or- on said map, the setback lines and be conducted in any district except as drnance be declared by a court of corn- renr yard requirements shall each be a special exception by the Board of petent jurisdiction to be invalid, such reduced to twenty (20) feet. Appeals, decisions shall not effect the validity (b) All of the Lots on the following SECTION 1006—No wall, fence, or of the Ordinance as a whole or any described maps shall be excepted from other structure and no hedge, tree, other part thereof. the provisions of Section 303 herein: shrub or other growth shall be erect- SECTION 1010—INTERPRETATION, (1) Sub-division Map of Section 2, ed, altered or maintained on any PURPOSE AND CONFLICT—In Inter- Gardiner's Bay Estates, East Marion, corner lot at any point within preting and applying the provisions of New York, Map by O. W. Van Tuyl, twenty (20) feet from the Inter- this Ordinance, they shall be held to dated July 21, 1957; section of the street lines,which may be the minimum requirements for the (2) Map of Belxedon Estates, Filed cause danger to traffic on a street promotion of the health,safety,morals March 16, 1947 as Map No. 1472. by obscuring the view. or the general welfare of the Town.It (3) Sub-division Map of Founders SECTION 1007—NON-CONFORM- Is not intended by this Ordinance to In- Estates, dated March 18, 1927, and ING USES—Unless otherwise au- terfere with or abrogate or annul any amendments thereto; i thorized as a special exception by Town Building Code, or any rules and (4) Map of Sub-division known as the Board of Appeals as hereinbe- regulations adopted or issued there- Kennewood,dated January 9,1954,filed fore provided, the following pro- under, or the rules and regulations of as Map No. 2180; visions shall apply to non-con- the Department of Health of the Coun- (5) Mapof Southwood,Mapfile No. forming uses: (a) The lawful use of a building ty of Suffolk, and not 1n conflict with 2141; or premises existing on the effec- any of the provisions of this Ordln- (6) Plan of Lots owned by George rive premisofes ance; PROVIDED, however, that lI Wells,Southold,N.Y,Map file No. thorizedau- wirer this Ordinance, or ecby a building permit issued were this Ordinance imposes a greater 1159; prior thereto, may be continued restriction upon the use of buildings or (7) Bayside Terrace, Bay View, although such use does not con- premises or upon the height of the Southold, N. Y. File No. 2034; form with the provisions of this building,or requires larger open spaces (8) West Creek Development, South- Ordinance and such use may be ex- than are unposed or required by such old, N. Y:Map of April 20, 1937, File tended throughout the building law- Ordinance, rules and regulations, the No 1236; fully acquired prior to said date. provisions of this Ordinance shall con- (9) Sub-division Map of Cedar Beach (b) A non-conforming use of a trot. Park situate at Bay View, Southold, building or premises may be chang- SECTION 1011—REMEDIES—In case N. Y. dated September 26, 1626, file ed to a use of the same or higherany building or structure is erected, No. 90; classification according to the pro- constructed, reconstructed, altered, re- (10) Map of Goose Neck, Southold, visions of trite Ordinance, paired, converted or maintained, or N. Y.Map dated 1948, file No. 1663; • (c) Whenever a district shall any building,structure'or land is used (11) Peconlc Shores, Peconic, N. Y., hereafter be changed, any then ex- in violation of this Ordinance, or of Map of Jesse Wells, dated December ]sting non-conforming use of a any regulations made pursuant thereto, 27, 1922,No. 1 and No.2; building or'premises In such chang- in addition to other remedies provided (12) Nassau Farms, Peconlc, N. Y. ed district may be continued or by law, any appropriate action or pro- Map by O.W.Van Tuyl,No.1179; changed to a use of a similar or ceeding whether by legal process or (13) Alonzo Jersey, Peconic, N. Y. , higher classification, provided all otherwise, may be instituted, or taken Map of O.W.Van Tuyl,April 21,1930, other regulations governing the new to prevent such unlawful erection,con- File No. 783; use are complied with. struction,reconstruction,alteration,re- (14) Nassau Point Club Properties, (d) Whenever a non-conforming pair, conversion, maintenance or use, Section D, Map by O. W. Van Tuyl, • use of a building or premises has to restrain,correct or abate such viola- March 24, 1926; and Amended Map— been discontinued for a period of tion, to prevent the occupancy of said Section A No. 156; more than two(2)years,or changed building, structure or land or to pre- (15) Captain Kidd Estates,Mattituck, to a higher classification, or to a vent any Illegal act, conduct, business N.Y.,Map by O.W.Van Tuyl,Janu- conforming use, anything In this or use in or about such premises ary 21, 1947, No. 1672; Section to the contrary notwith- SECTION 1012 — PENALTIES—For (16) Amended Map of Mattituck standing,the non-conforming use of any and every violation of the pro- Heights, Mattituck, N. Y. 1 such building or premises shall no visions of this Ordinance, the owner, (17) Point Pleasant—Mattituck,N. Y. longer be permitted unless a variance general agent,or contractor of a build- Survey by Franklin F. Overton, April therefor shall have been granted by ing or premises, where such violations 8, 1916; the Board of Appeals as herein- have been committed or shall exist, (18) Salt Lake Village, Mattituck, before provided. and the general agent,architect,build- N. Y., Map by O. W. Van Tuyl, July (e) A non-conforming building er,contractor or any other person who 10, 1939; may not be reconstructed or strut- knowingly conunits, takes part or as- (19) Shore Acres, Mattituck, N. Y. turally altered during its life to an slsts in any such violation or who File No.41. 7 e' (a) The lawful use of a buildirib Health of the County of Suffolk, and Sub-division Map of Foundert \, premises existing on the effective d'_ _ not in conflict with any of the pro- es, dated March 18, 1927, and of this Ordinance, or authorized by a visions of this Ordinance; PROVIDED, amendments thereto; building permit issued prior thereto, however, that where this Ordinance (4) Map of Sub-division known as may be continued although such use imposes a greater restriction upon the Kennewood, dated January 9, 1954, filed does not conform with the provisions use of buildings or premises or upon as Map No. 2180; of this Ordinance and such use may the height of the building, or requires (5) Map of Southwood, Map file No. be extended throughout the building larger open spaces than are imposed 2141; lawfully acquired prior to said date. or required by such Ordinance, rules (6) Plan of Lots owned by George (b) A non-conforming use of a build- and regulations, the provisions of this H. Wells, Southold, N. Y., Map file No. ing or premises may be changed to a Ordinance shall control. 859; use of the same or higher classification ' (7) Bayaide Terrace, Bay View, according to the provisions of this SECTION 1011 — REMEDIES — In Southold, N. Y. File No. 2034; Ordinance. case any building or structure is erect- (8) West Creek Development, South- (c) Whenever a district shall here- ed, constructed, reconstructed, altered, old, N. Y. Map of April 20, 1937, File after be changed, any then existing repaired, converted or maintained, or No. 1236; non-conforming use of a building or any building, structure or land is used (9) Sub-division Map of Cedar Beach premises in such changed district may in violation of this Ordinance, or of Park situate at Bay View, Southold, be continued or changed to a use of a any regulations made pursuant thereto, N. Y. dated September 26, 1926, File similar or higher classification, pro- in addition to other remedies provided No. 90; • -• • vided all other regulations governing by law, any appropriate action or pro- (10) Map of Goose Neck, Southold, the new use are complied with. ceeding whether by legal process or N. Y. Map dated 1948, File No. 1663; (d) Whenever a non-conforming use otherwise, may be instituted, or taken (11) Peconic Shores, Peconic, N. Y. of a building or premises has been dis- to prevent such unlawful erection, con- Map of Jesse Wells, dated December continued for a period of more than struction, reconstruction, alteration, 27, 1922, No. 1 and No. 2; two (2) years, or changed to a higher repair, conversion, maintenance or use, (12) Nassau Farms, Peconic, N. Y. classification, or to a conforming use, to restrain, correct or abate such viola- Map by O. W. Van Tuyl, No. 1179; anything in this Section to the con- tion, to prevent the occupancy of said (13) Alonzo Jersey, Peconic, N. Y. - trary notwithstanding, the non-con- building, structure or land or to pre- Map of O. W. Van Tuyl, April 21, 1930, forming use of such building or prem- vent any illegal act, conduct, business File No. 763; ises shall no longer be permitted unless or use in or about such premises. (14) Nassau Point Club Properties, a variance therefor shall have been Section D, Map by O. W. Van Tuyl, granted by the Board of-Appeals al"..")/ SECTION 1012—PENALTIES — For March 24, 1926; and Amended Map— hereinbefore provided. any and every violation of the provi- Section A,No. 156; (e) A non-conforming building may sions of this ordinance, the owner, the (15) Captain Kidd Estates,Mattituck, not be reconstructed or structurally general agent, or contractor of a build- N. Y., Map by O. W. Van Tuyl, Jan- altered during its life to an extent ex- ing or premises, where such violations uary 21, 1947, No. 1672; ceeding in aggregate cost fifty (50) have been committed or shall exist, and (16) Amended Map of Mattituck • percent of the fair value of the build- the general agent, architect, builder, Heights, Mattituck, N. Y. ing, unless the use of such building is contractor or any other person who , (17) Point Pleasant—Mattituck, N.Y. changed to a conforming use. knowingly conunits, takes part or as- Survey by Franklin F. Overton, April (f) A non-conforming building which sists in any such violation or who 8, 1916; has been damaged by fire or other maintains any buildings or premises (18) Salt Lake Village, Mattituck, causes to the extent of more than fifty in which any such violations shall exist, N. Y., Map by O. W. Van Tuyl, July (50) percent of its fair value shall not shall be guilty of an offense. Each 10, 1939; be repaired or rebuilt unless the use week's continued violation shall con- (19) Shore Acres, Mattituck, N. Y. of such building is changed to a con- stitute a separate additional violation. File No. 41. forming use. Such fines or penalties shall be collect- SECTION 1008 — TIDAL LANDS — ed as like fines are now collected by When the tidal lands are not shown as law. _ zoned on the Zoning Map, they shall be considered to lie within the "A" SECTION 1013 — EXCEPTIONS AS Residential and Agricultural District TO CERTAIN SUBDIVISION LOTS • — but no structure erected therein shall (a) All of the lots on a certain map be erected upon such lands owned by entitled Map of Marion Manor, situ- the Town of Southold except upon the ated at East Marion, Town of South- approval of the Board of Town old, Suffolk County, New York, filed Trustees. in Suffolk County Clerk's Office on SECTION 1009—VALIDITY—Should March 18, 1953, as Map No. 2038, shall • { any section or provision of this Or- be excepted from the provisions of • dinance be declared by a court of com- Section 303 herein; As to Lots num- petent Jurisdiction to be invalid, such bered one (1) through five (5) on said ' decisions shall not effect the validity map, the sideyard requirements shall • of the Ordinance as a whole or any be reduced to ten (10) feet on each other part thereof. side; and as to lots numbered thirty- SECTION 1010—INTERPRETATION, three (33) through forty-seven (47) PURPOSE AND CONFLICT — In on said map, the 'setback lines and interpreting and applying the pro- rear yard requirements shall each be visions of this Ordinance, they shall reduced to twenty (20) feet. be held to be the minimum require- (b) All of the Lots on the following ments for the promotion of the health, described maps shall be excepted from safety, morals or the general welfare the provisions of Section 303 herein: of the Town. It is not intended by this (1) Sub-division Map of Section 2, Ordinance to interfere with or abrogate Gardiner's Bay Estates, East Marion, or annul any Town Building Code, or New York, Map by O. W. Van Tuyl, any rules and regulations adopted or dated July 21, 1957; • issued thereunder, or the rules and (2) Map of Beixedon Estates, Filed regulations of the Department of March 16, 1947 as Map No. 1472. cll t _ rt. ' : ,..... j• 411"--- /: .' . I' . f .. Ata meeting of the Town Board of the Town of Southold held at the Supervisor's Office, 16 South Street, Greenport, New York on the 23rd day of November, 1971. WHEREAS, this Board held a public hearing on the 28th day of September 1971, in the matter of the amendment of the town ordinance entitled "The Building Zone Ordinance of the Town of Southold, Suffolk County, New York" Building together with the Maps forming Zone a part thereof at which time all interested persons were given an opportunity to be heard with respect to said matter, and -WHEREAS, this Board now deems it in the public interest that said proposed amendments be enacted, NOW, THEREFORE, BE IT RESOLVED that "The Building Zone _ Ordinance of the Town of Southold, Suffolk County, New York" together with the Building Zone Maps forming a part thereof consisting of six sections designated A to F inclusive and which hare been signed byi g the members of this Board be amended as follows, to wit: b i ii• 't ;t f t 'r. t r . an official report defining the conditions descrihed in a petition and determine the area so affected with its recommendations. SECTION 1601 - FEES - Every petition for a change or amendment to this ordinance or the zoning map shall be filed with the Town Clerk and shall be accompanied by a fee of $100. 00. ARTICLE XVII INTERPRETATION, VALIDITY, AND EXCEPTIONS SECTION 1700 - CONFLICTS (a) Where a provision of this ordinance conflicts with or imposes a different requirement than any other provision of this ordinance, the provision or requirement which is more restrictive or which establishes the higher standard shall govern. (b) Where the provisions of this ordinance conflict -- with or impose a different requirement than any other ordinance of the Town of Southold, or any rules or regulations adopted thereunder, the ordinance, rule or regulation which establishes the higher standard or requirement shall govern. SECTION 1701 - VALIDITY - Should any section or provision of this Ordinance be declared by a court of com- petentjurisdiction to be invalid, such decisions shall not affect the validity of the Ordinance as a whole or any other part thereof. SECTION 1702 - EXCEPTIONS - All of the lots on the following subdivision maps shall be excepted from the lot area and lot width requirements of this ordinance, and the lot areas and lot widths applicable to said lbts shall be as shown and designated on said subdivision maps: Green Acres Sunny Shores Stratmors Moose Cove Marion Manor Nassau Point Cleaves Point, Sec. II Deer Park Fordham Acres, Sec. I Village Manor Fordham Acres, Sec. II G. I. Tuthill Sterling Homes Edgemere Park Eastern Shores, Sec. I Willow Terrace Eastern Shores, Sec. II Soundcrest Woods Eastern Shores, Sec. III Gardiners Bay Estates, Sec.III Eastern Shores, Sec. IV Harvest Homes, Sec. I Eastern Shores, Sec. V Bayview Woods Estates Southold Shores 4 m . x i J C Willow Point Smithfield Park Harbor Lights Estates, Paradise Point Sec. I. Harbor Lights Estates, Sec I Terry Waters Highwood Bay Haven Nunnakoma Waters Corey Creek Estates Yennecott Park West Creek Estates Downsview Northwoods South Harbor Homes Vista Bluff Peconic Shores, Sec. I Jacksons Landing • Peconic Homes, Sec. $ Bennettts Pond Peconic Homes, Sec. II • Rosewood Estates Peconic B Sunset Knolls, Sec. II Laurel uy Oaks Country Estates SECTION 1703 - EFFECTIVE DATE - Upon enactment by the Town Board, this Ordinance shall take effect as provided by law. • -62- f (.J) -- (Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not use brackets for matter to he eliminated and do not use italics for new matter. Gntm ty CCW Town of Southold Villa/set Local Law No. 5 of the year 19 ..73. A local law to amend Chapter••100, Article I, Section 100-12 of tho.-Code...of- 'FIlio ttwll • (henna Mlle) -••• '"" ' " .- .... of Southold, in relation to lot area and lot width of lots on certain subdivision maps. •� I Be it enacted by the .. 1 o«"li f3oai'd ..................•••.•..... ..................... of the (Nome of I.egs.loilve llo.lr) Maly SIL of Southold Town VHS as follows: Section 1. Chapter ]00, :Article I. Section 100-12 of the Code cif the Town of Southold (Zoning Ordinance) is amended by adding thereto the following, to wit:. Orient-By-The-Sea, Section IT Cleaves Point, Section III §2. This local law shall take effect immediately as provided by law. I ' [r'!(1f additional space as needed s-_- le.lse attach sheets of the same size as this and number each) .. �-"` ` C , , matter therein „hick i, not .ipplrr•.,6te.I (Final adoption Iii Loral lege-bin%% hod% only.) 1. I hereby certify that it:e local law annexed hereto,designated a,local low No. - amarc of PI l.i(- 0 of the T� of Southold was duly passed by the Southold Town IloaNI r kili-age on 19 .:i in accontain 0 %IIli IIir applo .1I4VI .,on.of I,,w• i (Passage by local Iegt:lntr%e homy with approval or no ilt,approyal by I•:Ieetiye ('lief Eteratiye Officer or repassage after disapproval.) 2. I hereby certify that the local law annexed hereto,designated as local law No. .. of It} County Cit of the y Town of.. . ... . . was duly passed by Pillage on.. not disapproved .. 10 . and was approved by the repassed after disapproval F)• ,re I I,o•r r:. ...0 , iur,„ and was deemed dal} adopted on. I provisions of law. " 19 in accordance with the applicable (Final adoption h} referendum.) 3. I her•bycertif% that the local law annexed hereto,de.itmateilnti local law No. County of IV of the City Town of was duly passed by the. 1 ill n INCi .,i t.eg, L.iiv. u.,.1)) •• - not disapproved on . • .. • 19 and was approved by rhe repassed after disapproval 6t„n., Um 1...,,,110r 1)111.,, nn mandatory r 1r) Such local law was _submitted ClIthe people by tr.i,nn o i permissive ref r 1)d m and received the affirmative vote of a ntajouty of the qualified He(tole, vi,tiiir general thereon at the special election held on ,,, annual ”' 19 . .. , in accordance with the appli- cable provisions of law. (Subloet to perm, -,eve referendiun unrl [inn' adoption beeuu.,• u or no valid pet ft rertuc•.luig referendum.) 4. I hereby certify that the local law annexed hereto(destgnatedas Inc al law No. of IC) County 1 of the City ' Tov,•n of •• • .. .... was duly passed by the Village • �t„o��ii,,,i)) on not disapproved 19. and was approved by the repassed after disapproval rut r h, ,�.•r lo,r i:. , 1111 -.. . lei.. . . Such local law being subject to a pcunissive ieferendon) ,incl no valid petition requesting such referendum having been filed, said local lave was deemed duly adopted on ....."' ..... .19 ...., in accordance will, the applicable provisions of law. •Elect:Ye (thief 1•:aeeuli%e Officer mean, or inr•ludi::, the chief e.xo,.utlie officer of o ennui) rli:,fell on u i runty-wide hn.t•, or if Oa re bo none the chilli-mon of the hoard of:.aper%r.or,. :lie nuiioi of city or village or the: anpt:rvisor of a town, whore ,Dell officer i, vested with power to i;iil,rote or veto local Taws or ordinances. ii . . �- 1 ;uc.;! i.m rr,n , m at .I it.t �npo,eu .•• I "'I•`17� r 1'1111 tiI( lit: '.II ..I• a,lil ' 't'1 ,::SIC,�i:iL�, rn•�• I In. •tl I;t:•,No. Ci j'l of the City of • ... ." • • having been submitted to referendum pursuant to the provisions of 11; of the ?ilanicipal Home Rule Law and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the special general election held on the ...... . 19 . became operative. r •1 (If an) other author!Led fo(m of final adoption has been followed, plell-,e provide an appropriate certification.) I further certify that I hate compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph . . one above. Clrrl ul is.Board of Juprrvt ora.City.Town or Vill gr Clerk or 1111„rr dealt/noted by I o,al I rg,alnuvr Ilndy Albert W. Richmond, Town C'lerl. Date: (Seal) . (Certification to he evecuted by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORE COUNTY OF'StTI I,()t.l< 1, the undersigned, herd;;: c'citify that the foregoing local l,iw contauiti the correct let I and th:rt :ill proper proceedings hate been had or taken for the enactment of the local law annexed heretic. • (Mir of()Ulcer) Robert W. 'I'aSLee, Town ALIorn eclat roc _City of tioulll1)1(1 Town . Dated; 1fi1J:5j;e Lel § 100-11 SOUTHOLu CODE § 100-12 C. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. Except where specifically provided to the contrary, it is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings, structures, shelters or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties. [Added 1-10- 89 by L.L. No. 1-1989] § 100-12. Exceptions. [Amended 10-30-73 by L.L. No. 5-1973] All of the lots on the following subdivision maps shall be excepted from the lot area and lot width requirements of this chapter, and the lot areas and lot widths applicable to said lots shall be as shown and designated on said subdivision maps: Green Acres; Stratmors; Marion Manor; Cleaves Point, Section II; Fordham Acres, Section I; Fordham Acres, Section II; Sterling Homes; Eastern Shores, Section I; Eastern Shores, Section II; Eastern Shores, Section III; Eastern Shores, Section IV; Eastern Shores, Section V; Southold Shores; Sunny Shores; Moose Cove; Nassau Point; Deer Park; Village Manor; G.I. Tuthill; Edgemere Park; Willow Terrace; Soundcrest Woods; Gardiners Bay Estates, Section III; Harvest Homes, Section I; Bayview Woods Estates; Willow Point; Harbor Lights Estates, Section I; Terry Waters; Bay Haven; Corey Creek Estates; West Creek Estates; Northwoods; Vista Bluff; Jacksons Landing, Bennett's Pond; Rosewood Estates; Sunset Knolls, Section II; Smithfield Park; Paradise Point; Harbor Lights Estates, Section III; Highwood; Nunnakoma Waters; Yennecott Park; Downsview; South Harbor Homes; Peconic Shores, Section I; Peconic Homes, Section I; Peconic Homes, Section II; Peconic Bay Oaks; Laurel Country Estates; Orient- by-The-Sea, Section II; Cleaves Point, Section III. 10012 2-25-89 Town Of Southold ' P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 05/13/02 Receipt#: 4627 Transaction(s): Subtotal 1 Application Fees $150.00 Check#:4627 Total Paid: $150.00 Name: Gould,Jennifer B PO Box 177 Greenport, NY 11944 Clerk ID: LINDAC Internal ID.54545 SOUTHOLDP ®PERTY RECORD CAR® ' :j /V- OWNER STREET 9 VI_ GE DISTRICT SUB. LOT :2 �, 2 J f (';k-fe ., _,R uN T -<a &v1. . .Z `--,,...� 1"------ - .� FOR NA ER OWNER ,�""�'". "`- ��'��- .%r L . - - I.. "t v r5. 194-,„ N E ACREAGE , o 7 °.�� ! .e 4-sem /� S W TYPE OF BUILDING f. RES. SEAS. j VL. ) FARM COMM. IND. CB, 31 I MISC. I LAND IMP. TOTAL DATE REMARKS — / . ,1 4() ,. . / 6, ra, ./ / 78/7y z o f 7�a"?'sin - �',6 - -�'`-�, .. 1 r - 0 d r ›" �J �, c .i � ,'� V 0 �. � � Sib�.yP'oTA rt �� ,V 3 �'- .114/4 _r%_ `f 6-0 SLS /gd (,?„,j-O ( ,r . 1-7,,/_':1-A,"--., —LfG� C:3,l' 7e3 -'I „,_;-1 - frt. ` ; 'seta -� ” 1c� ,_� k;� Y4, ice% AGE BUILDING CONDITION • pp�� 1<:.;37,-7r.„-) ,^/�l NEW AI L .. a-DyUC r SC�f"f' , NORMAL BELOW ABOVE Farm Acre Value Per Acre Value Tillable 1 / Tillable 2 — Tillable, 3 woodland Swampland Brush land House Plot Total "A i 7" 4-,40�3 TOWN OF SOUTH .L F*:PROPERTY REC OWNER CARD /d: STREET / 1 VILLAGE DIST. SUB. LOTS r Rzot jci WI 1,- iex. Apno gEd ot.)1) f)vs i • 7 .N • .TI., ,_‘,____________izecr)\1A/N.Ev[7_,-,),_✓4 5 , 'rlc� 5 �� E ACR. I a- I _c_ ,-,,,„ s L,.-, t S •,>-• ----..09e ,,, ,, {,,t l ry' ;- a,-1, -- �_ / W TYPE OF BUILDING SEAS. ________— RES. I __ _ VL. �� FARM COMM. CB. • MISC. Mkt. Value LAND IMP. TOTAL ' i DATE REMARKS • • UCS q A 7Lats I --)C--) 1111MINIffillinnill re) rras - _...,- - . ., ,. ..f.., 7- -k (1)rd:ski (-7 /4„--.,) 1 --r.t-.1:" cl:,:.o --.: 11M-1,r :Alliffilliti .1. --- 01- , ,...' , F.'-' • 4 ':', 'at-t,'1!. F32.e r"teer::1 '--) , MOM - S a _ L+ J . 0 - s — II n' l/ AGE .2~4...., M, . I bat-3n :a,,_c� -- ' , ' 1--,1- 1,e, (-_,,,-, / . E_/r BUILDING CONDITION • NEW NORMAL BELOW ABOVE 4— i; 4 ( m• -1, f caG, I ] -ft G..;�/r'f . r- Gia FARM Acre Value Per : `� � t ^- * Value _ I / ( ', 24_4____ _____7/ � ,, G I�leic`�4 ,{1x-71)(-) m 4-,=_:,,,,....z Acre Z /�� ' 'L— llcSR \ //� I, / /✓ Tillable 1 � rf)cie'�S c 4Po /D /V� 1 Tillable 2 Tillable 3 Noodland iwampl.and FRONTAGE ON WATER rushland FRONTAGE ON ROADV louse Plot /��'�' '� DEPTH BULKHEAD otal DOCK OWN ®F SOUTHOLD PROPERTY RECORD CARD F / STREET 0,....5' VILLAGE DISTRICT SUB. LOT / 0 ' ,11 "Daroski .tr b,t,co_E Mit(h-Bu7u i3L, }-e., c---i-2.,-c-r_ ,,,,-,,, 2_,__,...,,,,...„4 )44.?„,.....--- 2-- FORMER OWNER GQ"t I, Doro sfr( N E ACREAGE 21\/15 1)Qr :7 / c ,::),15-/ G / - ig ikt-�d' ` S W TYPE OF BUILDING Al ,/ �Y,,„_,(P /)-r-,� :(- .( — RES. SEAS. ( ] VL. `/ FARM j COMM. IND. CB. MISC. LAND IMP. TOTAL DATE REMARKS / 0 I,'t' (-43.._c_utzc: ' � 9 /ofLel �� ce-C77 / Q 0 / /1 ' Srhe - ToIA� DbUa J P h/�.,-Ti- 4 / ,a ? 0 0 0 0 / � tJ- f/p6� 0/AJI � / IYF cr-�a J / V�. G. A.,(Q o,3,n 7-366- r r 4" 4r, ).. ! ( -- (114 /46/9q`Z- 0 ( -. 4 - \\,' c) k-i Alai 4 I e i G AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value itaig46,..5'f..• C'/6-41- Tillable 1 Tillable 2 Tillable, 3 Woodland Swampland i Brushland House Plot Tota I /' .a U - n 7_ ,z-__(;, TOWN OF SOUTHOLD PROPERTY RECORD CARD / -.> . OWNER STREET '' / VILLAGE DISTRICT SUB. LOT O d d2 f 1 d-- fir-- ettiA/Cf,29-i/l /f-...".„ 4 ,,,-Ag )14,7,-,,,r7;,/ 'L. oe -�-: 7 l� /-e__ cam,, unw. r, )1,),/ FORMER OWNER N E ACREAGE ./ACREAGE .4,4,1,„ �'A,c3 4 4-14,1-19•rc�n \ �' i C.. CO ;71 ry1/AS'Ioh/e/e 7 `SoerS.04,:�9cccs S W TYPE OF BUILDING i\„ / tc-) o`-4 t---t 5+yo ,S e X g RES. . ../_.0 SEAS. I VL. FARM COMM. IND. CB. MISC. LAND IMP. TOTAL DATE REMARKS �_i 0--0 //g, 0 / o d r-; / z)----9 / c //' /; / 8 6-0 /rSd .79aa ✓ S/7 �d j �0/jiStL 7.Te3d, 6g6?e ,/ti iv. .TGe qg�4 F.fii. PP//7 ,L w4 /xy �j�j 1 /�(�) Jl y�,p{ / I p"�� c / �/ �o•}I.y /'�t a.s,r t '-�..-. ^ - ' .- V f�"�/i S�1 c Cl-t P r J 4 1 (e) f'-Y + - f'7 r) c,,,TH ]t i e v-4'' ", 1 [7 wt5 e.y^, //9/7,5,:vet se0—e f cr Zra f›../29-Ce.rry bJ'Sa e,.c1i Sc;z1,c-v-TA-` %1!C4',e.44st+•/-V -C'F!`:-'t. AGE BUILDING CONDITION /727779 8/cc ,e ,7 jo z AJrl20S7 y -0�.ea,v, c,9u6c NEW NORMAL BELOW ABOVE J Farm Acre Value Per Acre Value Tillable 1 Tillable 2 Atd,-:{4z-Zia-:) i= / -7/1.144,` 9.3oo/ c-r•9; Zd Tillable, 3 � yrs 79 lel `1�:�1... ( C.i' -. Woodland t` (/ 1 Swampland • Brushland House Not Total „I;' :: k Itkel:;f:‘,/r:C.:4fIt''''':1.L.4.e'.:11 i Ns {, 7 ,MY f•' �,f r rR r Ai - LJ ;re k `t 1, ” ! 7 o Ci ' 1- ,u �a 'J" - *z� ' f A.*> y S/ii+ir 'It i '4) ) '�') s d @.,7 e,sl ... 1y s ' i J 1 ala,1 1 ® ) i:;r. F} r`ti d`.7 ..m- a els '— -, \ . .- - •- 11 ' a � ,` ,T jr ,nom v- ., '� ' ` I p -i % I i� «ii�'^ ��7•�9'•�a 5t r. tl1,�ice` x :•fi / o J x 7 / �s ;l '{S' . i .,Y ' , \ • 1. Bldg. S t 7 ,7. ---•� / 6'00 Foundation �" ° Bath J 2s �`� '':e Basement /c., ' Floors �ii,d <tension /7X 0 , <tension _5;1'/i. 70 i e7 )..5-- 02 V 3/ Ext. Walls '�,r /!0 Interior Finish s� <tension Fire Place - Heart Porch Attic teh , r Porch Rooms 1st Floor reezeway Patio Rooms 2nd Floor iarage �- 43 Driveway ifilifigNIM I. B. •, ..------" ?P.,• • \ Q.> - - . ,,,,- . • ' ., . . • SITE PLAN . PROPOSED ..• .. , , \ , • - . • /. , . , i., . .s•-,-. ., ,,.,.,, , • ,--, ‘•\-K.1\ -,' ......... . ........,, . . . . •,---,,, .; ..- . , ,•---,,--. .., .- ,--:‘, •\. .. _._ „..., .... .p — .,.... ,,•,, — -s — ,,,,, ..„,... ..-. , ( ..p.c•,, • — ,-.- .. • ,-- c‘., — ..-- _ „.- 6,7. ,: - .-• .•- / 0\CZ: .•' — ___. e --- '-+-. — c,,9.01'• 7 , • • 6o .\\,,.,_0,...LI .•.. , - , .• - . ttl--C \:C.'S ) (PS°,(.,\?„-\ .••• • ... c-N • 09-:0_,..„-:5- —feb _ ,o-c _. , ,, ,, .•-- • , --:---k—.. ---- t.\-- - s \ -,-,, -c --- ,56- ,,,,o . T9 - , . - _ - ---,- -- \09..---....‘ ,. — . . , / , , _ obi • s-r-,-----_______41„ ..::e. 197,.......:(5‘porg V.1. ',.. ,- ...7 i 01 e'• 0 0: 16) IL - ‘..• 11.0-• . .- 1. :' -- -------.-;I'le -6(:) I 4 kyr ti. , \pal -- ..,..;, ., fl.el ..--- .- -- -* (e\-- /` ' .Y I R;i :.i ° S o' t3 z' : ksi -1133 'A Li r';v.)-\\--`'‘ ....- - - -- - ,..r--_,.,t• 4 ... „ -- -b.`..------ i0,---,t., / - , . -,13 : ...u. .. , :•-- .....,,. ip , , / ,..1 . 0 . , , , . • — .-- : 0 k ' .• / ' .4- , • • ; i . - ' .-- --- ,....--. . .. i • ' 13 ' ; Cl% 1C31./ • . JP) ....- .. _\ . . 0 • --,.8.S4 ep.s _ _,..._ _ _ -0 - 2— — . i • \ Z"Cs ; Q-• /4 its /%- f49 N • / ..1__ ,.. __-:":". .-.1 ' Cr , in . ig / "/.:1 , ! 1 I.: IR I ".. / / -,--...___--- . < ,,...........f,.. --- .-... -----------___‘ ....'" ''' ---- q t'CI\ / , . -- c- ,. i , i ' • i i • . ,(./.`' ..... 1 . _- — w _ .... , -• ", : ,IY ' Z I 19 \,CYC e . ch Nob ..,,, to -':4"' •, • — ) ,, -Ii• , v . - - - , 4 I d .. '• . ,., ,- . . 99.10' 1 , -_, _CATMRINM-- MES14,11,0/ -INC.- - 574`213'5" 7 ' Licensed Real Estate Broker Proposed lot coverage: 9% Land Use Consultant & Permit Expediter I '• ,, _ V . ---- - . —, ---- , CATHERINE MESIANO, PRESIDENT-.:.1,.., ./ - - - - -- -'•----- .-.=.-'—7 12 Mill Pond Lane • East Moriches, New.YOrk-1194 • , 516.878.8951 �—� rue No.: RH80020470 Commonwealth Land Title Insurance Company 177 Old Country Road, PO Box 419 Riverhead, NY 11901-0203 Phone: 631-727-7760 Fax: 631-727-7818 C ° PY v Commonwealth • SINGLE AND SEPARATE SEARCH Effective Date: 1-25-2002 Title No. RH80020470 Commonwealth Land Title Insurance Company DOES HEREBY CERTIFY TO: JENNIFER B. GOULD, ESQ. 210 MAIN STREET'- P.O. BOX 177 GREENPORT, NY 11944 THAT it has caused a search to be made in the Office of the Clerk of the County of SUFFOLK, in the State of New York, against the premises described herein and property adjacent thereto on all sides from 2-27-81 to date to ascertain the fee chain of title respecting the premises described herein and the property adjacent thereto and has found only the returns as set forth herein on the following pages as they bear on record title; and Certifies that the owners of the premises described herein have owned the same in single and separate ownership as defined by law during this period of time since 6-25-87. This Company's liability is limited to Twenty-five Thousand ($25,000.00) Dollars. NO policy of insurance is to be issued hereunder. Premises: , NY District: 1000 Section: 067.00 Block: 04.00 Lot: 020.003 &020.004 County: SUFFOLK T/O: SOUTHOLD Commonwealth Land Title Insurance Company BY: CP,a> VINCENT SETTE BRANCH MANAGER Title Number: RH80020470 Dated: February 21, 2002 Single and Separate Search TQ20015NY (07/00) File No.: RH80020470 CHAIN OF TITLE FOR SUBJECT PREMISES: Lots 78, 79, 109 and 110, Map No. 2 Peconic Shores, filed 9-13-30 as Map No. 654: District: 1000 Section: 067.00 Block: 04.00 Lot: 020.003 &020.004 Luella L. Mullio Dated: 9-28-79 to Rec'd.: 10-9-79 Richard Davis Liber 8707 page 348 (premises and more) Richard Davis Dated: 10-17-85 to Rec'd.: 11-15-85 Gary D. Doroski Liber 9916 page 136 (premises and more) Gary D. Doroski Dated: 5-5-86 to Rec'd.: 5-5-86 Gary D. Doroski and Gail Doroski, his wife Liber 10030 page 370 (Tax Lot 020.004) Gary D. Doroski Dated: 6-25-87 • to Rec'd.: 7-2-87 • Steven P. Sanders and Rhonda Sexer Liber 10357 page 38 (Tax Lot 020.003) Gary D. Doroski and Gail Doroski, his wife Dated: 6-25-87 to Rec'd.: 7-2-87 Elliot W. Stone and Ronald Winkler Liber 10357 page 43 (Tax Lot 020.004) LAST RECORD OWNER -continued- Commonwealth Land Title Insurance Company Subscribed and Sworn to before me this 21St day of February, 2002. BY: lee.Oirc7.' - • VINCENT SETTS `� 7 ,/til- BRANCH MANAGER �� ( ??? JANAM.B=RIN®LE Mr ary Public Notary Public,State ofNew Yo Single and Separate Search No.01-PR4911767 Qualified In Suffolk County Commission Expires Not 16, • File No.: RH80020470 CHAIN OF TITLE FOR SUBJECT PREMISES: (continued) Lots 78, 79, 109 and 110, Map No. 2 Peconic Shores, filed 9-13-30 as Map No. 654: District: 1000 Section: 067.00 Block: 04.00 Lot: 020.003 &020.004 Steven P. Sanders and Rhonda Sexer Dated: 2-12-98 to Rec'd.: 3-6-98 Ronald Winkler and Rhonda Sexer Liber 11882 page 44 (Tax Lot 020.003) LAST RECORD OWNER STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) VINCENT SETTE, being duly sworn, deposes and says: That he is a Vice President of Commonwealth Land Title Insurance Company, That the above is a true Chain of Title of the subject premises as shown on the variance search under the above captioned title number. Commonwealth Land Title Insurance Company Subscribed and Sworn to before me �,/ this 21St day of February, 2002. BY: le_04,4 VINCENT SETTE ' L7 / /— 7914,1-21d4_ BRANCH MANAGER N ary Public JANAM.MINIMA Single and Separate Search Notary Public,State ofNew York No.01•PR4911757 Qualified In Suffolk County y�� Omission f ires Rine to �)1 File No.: RH80020470 CHAIN OF TITLE FOR PREMISES ADJACENT NORTH: "SECOND AVENUE" CHAIN OF TITLE FOR PREMISES ADJACENT EAST: • "BURTRIS AVENUE" Commonweal h Land Title Insurance Company Subscribed and Sworn to before me jj this 21St day of February, 2002. BY: Gr�' VINCENT SETTE BRANCH MANAGER " N744-6'o ry Public / JAMA M.PRIN®I,E Single and Separate Search Notary Public,State ofNew York No.01•PR4911757 Qualified In Suffolk County Commission Expires Nov 16, File No.: RH80020470 CHAIN OF TITLE FOR PART OF PREMISES ADJACENT SOUTH: Lot 108, Map No. 2 Peconic Shores, filed 9-13-30 as Map No. 654: District: 1000 Section: 067.00 Block: 04.00 Lot: 020.005 Luella L. Mullio Dated: 9-28-79 to Rec'd.: 10-9-79 Richard Davis Liber 8707 page 348 (premises and more) Richard Davis Dated: 10-17-85 to Rec'd.: 11-15-85 Gary D. Doroski Liber 9916 page 136 (premises and more) Gary D. Doroski Dated: 5-5-86 to Rec'd.: 5-5-86 Gail Doroski Liber 10030 page 368 (Tax Lot 020.005) Gail Doroski Dated: 12-16-1999 to Rec'd.: 1-5-2000 Gail Doroski and Bruce E. Murphy, as tenants in common Liber 12011 page 641 LAST RECORD OWNER Commonwealth Land Title Insurance Company Subscribed and Sworn to before me this 21st day of February, 2002. BY: g0fee:t;7Zite— VINCENT SETTE BRANCH MANAGER (NPbiic JANA M.PRIME Single and Separate Search Notary Public,State of New York No.01•PR4911757 Qualified In Suffolk Coun CommIssion EJMires Nov.is. ,N File No.: RH80020470 CHAIN OF TITLE FOR ADJACENT PREMISES SOUTH: Lot 80-82, Map No. 2 Peconic Shores, filed 9-13-30 as Map No. 654: District: 1000 Section: 067.00 Block: 04.00 Lot: 006.000 Nancy J. Graham and Susanne Singer, Dated: 2-27-81 as joint tenants with the right of survivorship Rec'd.: 3-5-81 to Liber 8969 page 164 Randall M. Kelly and Ulrike Kelly Stachluy LAST RECORD OWNER CHAIN OF TITLE FOR PREMISES ADJACENT WEST: "HUNTINGTON BOULEVARD" STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) VINCENT SETTE, being duly sworn, deposes and says: That he is a Vice President of Commonwealth Land Title Insurance Company, That the above are true Chains of Title of the adjoining premises as shown on the records of the Clerk of the County of Suffolk and the Variance search under the above captioned title number. Commonwealth Land Title Insurance Company Subscribed and Sworn to before me this 21st day of February, 2002. BY: ilfrtafer-.. "fir VINCENT SETTE � / )(1) BRANCH MANAGER ary Public JANA M.PRINDLE Notary Public,State of New York Single and Separate Search No.01-PR4911757 Qualified in Suffolk County -- Qolmmfaslon ExWlres Nov 16, a ' :wr<I_7_C ••1_J_ r= • SECTION COMPLETE THIS SECT/ DELIVERY • Complete items_1,2,aria 3.Also complete A Received by(Please Print Clearly B. Date of Delivery item 4,if,Restricted Delivery is desired. I)= 1 L V • Print your name and address on the reverse C Signature so that we can return the card to you. 0 Agent • Attach this card to the back of the mailpiece, X or on the front if space permits. . 0 Addressee D. Is deliv-raddress different from item 1? 0 Yes 1. Article Addressed to. If YES,enter delivery address below 0 No David & Sara Evans 436 East 88th Street -_ New York, NY 10028 3 Service Type • Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Copy from service label) 7000 0600 0027 1837 6135 PS Form 3811,July 1999 Domestic Return Receipt 102595-99—M-1789 4E iiti 'ii! t 'ii ( dill tt ! idfdil4 ! ! !i! i dill UNITED STATES { , AL SERVICE First-Class Mail Paid Pet No G-'o • Sender: Please print your name, address, and ZIP+4 in this box • ' Jennifer B. Gould, Esq. PO Box 177 Greenport, NY 11944 r- i JENNIFER B. GOULD • " ' ` Attorney at Law S— s- 2bc ,--„-----_,-------C rf r.� _ -a it9 r___________.,„:„...._:_._:_,___-_:-.2._ Ii ij ! UG - ,9. 32 16 i 01/410 Ulf? ,1 k 'i ' i1 8-t tioa I pcl -f -- E -21-Z062- , 22-ZO2_ U __Qiil card x eoctoerP . A II ,a)ii,t_____ ( IrcL Uitwe .(2AA______. -- LO Cf2 I (Pe) . I oftturek- t • 1 210 MAIN STREET P.O.BOX 177 GREENPORT,NEW YORK 11944 TELEPHONE 631-477-8607 fax 631-477-2601 ENDER: COMPLETE THIS SECTION COTE THIS SECTION ON DELIVERY, I Complete items 1,2,and 3.Also complete ece d by(Please not Clearly) B 1: • slivery item 4 if Restricted Delivery is desired. , � • Print your name and address on the reverse so that we can return the card to you. C. Signatu� ■ Attach this card to the back of the mailpiece, X ❑Agent or on the front if space permits. / 0 Addressee D. Is delivery address different from item 19 0 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Kathleen Chamberlain PO Box 406 Peconic, NY 1198 3 Service Type A Certified Mail 0 Express Mail ❑ Registered 0 Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4 Restricted Delivery9(Extra Fee) 0 Yes 2. Article Number(Copy from service label) �7 f ilii 11111170:0010001002M i 1837 16104 ¢1 1 1 1 111 H F ;'S Form 3811,July 1999 Domestic Return Receipt 102595-99-MI i l Iti tali I Iil I UNITED STATES POSTAL SERVICE' Firs#-Glass Mail /j )•pstage&Fees Pajd., (-) PM 'permit No`G ffl `®~ U i AUU • Sender: Please print you omeladdress, aW ZIP+4 in tfi sbox•—-' Jennifer B. Gould, Esq. PO BOx 177 Greenport, NY 11944 l�I il,,,lIi�11II Ill,1:,111,,,t�ilU I1�<<Il„�1l,3,l,0iJl 3 v ER:COMPLETE THIS SECTION CTLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. -eceived by(Please Print Clearly) B Date of Delivery item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. C.Salatµre� • Attach this card to the back of the mailpiece, ` fn CIAgent or on the front if space permits. X ti ❑Addressee ` D Is delivery address diffm erent fro ' m 19 ❑Yes 1. Article Addressed to. ��STA " ' If YES,enter delivery address below: 0 No B.Binder & A. Binde ,c5 I ct o _ Marilyn Fazio --.1,=2 -c 58-20 202 Street ---DBayside, NY 11364 .',.( 41'oNmsrc\' 2f Service Type XM Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O D 4 Restricted Delivery?(Extra Fee) ❑ Yes 2 Article Number(Copy from service label) 7000 0600 0027 1837 6111 !� PS Form 3811,July 1999 Domestic{Return Receipt 102595-99-M, a UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • - Jennifer B. Gould, Esq. PO Box 177 Greenport, NY 11944 , • /1 r.- " ,- • I!lIlhllillikailSiti414E}Sitldl Flii8C,t1l1111l111iFllihtliilfiialiliiiiiiiiliilililii ...ENDER: COMPLETE THIS SECTION C( LETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A R: -d • 1e.. Print Clearly) B *:te of relivery item 4 if Restricted Delivery is desired. 4 dor NI Print your name and address on the reverse so that we can return the card to you. gnature • Agent • Attach this card to the back of the mailpiece, Aft it II or on the front if space permits. lOPIIIIMMII .14-411e2L 1:1 Addressee , D Is delivery-•dre-s•ifferen401,-m 1? El Yes 1. Article Addressed to: If YES,enter delivery add ,: •e ow: 0 No Randall M. Kelly 12 East 86th Street New York, NY 10028 3. Service Type xq Certified Mail I=1 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 0.0 D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number.(Copy from service Jebel) 7000', 060Q100.27A 16090. PS Form 3811,July 1999 Dorpstic Return Receipt 102595-99-M-1789 UNITED STATES POSTAL SERVICE First-Class Mail ¢P6Mge-&-F_ees.Pa' L D M s. - VPermit=Na G 1�Q,nm.Y� • Sender: Please prin ori rr fne,, ddress, anW IP+4 in_ttaisYbox„! ,>,— Jennifer B. Gould, Esq. PO Box 177 Greenport, NY 11944 i„�t�,,,�i�,�,�,�,a,�„tai,,,►„iii,,,Ei,,,li,,,li,,,1„i�fl • t DER: COMPLETE THIS SECTION C(--"JETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. • • Print your name and address on the reverse so that we can return the card to you. C. Smature -J • Attach this card to the back of the mailpiece, X ��/"�-�^�� ❑Agent or on the front if space permits. fv 0 V di e ttc., essee D. Is delivery address different from it 1? MAY Irgt 1. Article Addressed to If YES,enter delivery address b ow 11 Dorothy & Real Boucher 1U6 35 Harp Lane OS t Sayville, NY 11782 2 mllr - 3 Service Type � �5 (ifilk St1,1\� Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O D. 4 Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number:(Copy,from service label) . 7000 i 0600 0027 1837+ 6081!4 l l i I{ i H 1 I I i i 1 i ;1 F i ,^SIForm 3811 Jul 11999 f t' i bomestic Return Receipt 102595-99-M-1789 It 1 I . y1 ii i UNITED STATES POSTAL SERVICE0 111111 First-Class Mail Postage&Fees Paid USPS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Jennifer B. Gould, Esq. PO Box 177 Greenport, NY 11944 Ii,,ii,�,ill i i,,,i„l,i„l l i,,,,,,I li,,,11,,,i 1,,,1i,,,i„i,it lea:: •MPLETE THIS S'. 10 illiikAisaiall C - jLETE THIS SE ION • 'DELIVERY • Complete items 1,2,and 3.Also complete A rseceived by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. - . • Print your name and address on the reverse • so that we can return the card to you. C. Signature lb •.Attach this card to the back of the mailpiece, X ❑Agent or on the front if space permits. WIlliek•_ ❑Addressee D Is delivery addres,ifferent from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below El No Hugh Lee Switzer Irr. Trust 4651 Sentinel Post Road Atlanta, GA 30327 p • 3 Service Type XX Certified Mail ❑ Express Mail 0 Registered 0 Return Receipt for Merchandise '',. El Insured Mail 0 C.O.D. • 4. Restricted Delivery (Extra Fee) ❑Yes 2. Article Number(Copy from service IefTe°• ''';• 4,4 • "+'-.,";;;,:., 7000 060• 0.• 0027:1837:612•8 '-•`,'- ' PS Form 3811,Jul' •19991 i i i t'i??+"DomesticjReturn;Receipt ti ` ' '° '? 102595-99-M-1789 fir.. yo t UNITED STATES POSTAL SERVICrECJD`� -'- _First-Class Mail_ PM -,A _ �, Postage-&FeesPaid z —_ ^-l1SPS No Permit Na G10' j 05 AUG • Sender: Please prig 002 name, addre'.s`; arrd•-ZIP+41"71"this-bex'Y--- / Jennifer B. Gould, Esq. PO Box 177 Greenport, NY 11944 ENDER: COMPLETE THIS SECTION —CC NETE THIS SECTION ON DELIVERY 4 Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B Date of Delivery item 4 if Restricted Delivery is desired. m Print your name and address on the reverse so that we can return the card to you. C ignature / Attach this card to the back of the mailpiece, X 0 1, ❑Agent or on the front if space permits. 0 Addressee D Is delivery a4ress different from item 1? ❑Yes 1. Article Addressed to If YES,enter delivery address below ❑ No Marilyn Hoffman Box 452 ,Peconic, NY 11958 3. Service Type ' CeCtified Mail t 0 Express Mail ` '"" ' �iiegisred 0 Return Receipt for Merchandise -)gIrt,nred\ail 0 C.O D - ---,Ys... °°-------.—-.. 4. Restricted livery?(Extra Fee) 0 Yes a. 2. Acte_ um er Co y frol�lseG�v ce label ( N --00 Oa�7 83L6O74 �� C f a d 05 Form 381,1„July 1999 Domestic Return Receipt 102595-99-M-1789 � i 1 i 1iii { i Iii i t' i t UNITED STATES POSTAL SERVICE • ;First-,Class.Mail , Postàe;&Fees Paid • • • ' ' 'USPS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Jennifer B. Gould, Esq. PO Box 177 Greenport, NY 11944 \ \ :Al I) :• • 'LE E THI SECTIO CrlETE THIS SECTION ON DELIVERY ( I • Complete items 1,2,and 3.Also completer. I g ill 1 iiiiii;d 1 Kt. A •eceivedp' Please Print Clearlye:- item 4 if Restricted Delivery is desired. / Orr;-/ •Ar. % • Print your name and address on the reverse e, - / so that we can return the card to you. C Si. - • Attach this card to the back of the mailpiece, X /4:4,4„ / / 1.1 • CI A.04t c CP 01- •.V.' -,-t, or on the front if space permits. .., B. Is delivery add -..di;:i. t from ite 1'P41.9 i - 1.,..\ 1. Article Addressed to: If YES,enter elive A dress below / k.-0 0 Stanley & Shirley Officina .-i ...0 19 Simpson Drive q" 7 OD 0 Old Bethpage, NY 11804 e_ 3. Service Type ,,.._•C" . (Certified Mail 0 Express Mail :........... \ ‘ 0 Registered 0 Return Receipt for Metc'haridise 0 Insured Mail 0 C 0.D 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number(Copy from service label) 70000690,QQ27 1P,17ifi,06111111 iiiiiiiiii HUHU 1 ii iiiiii l ' PS Form 38.11,July,1999 .: .. Domestic Return Receipt 102595-99-M-1789 -to H"......",,,_____I 7 UNITED STATES POSTAL SERVICE • First Class Mail Postage&Fees Paid USPS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Jennifer B. Gould, Esq. • PO Box 177 Greenport, NY 11944 Il lfiiiltiliiittiiltiliiliiillllliiiililiitliilfliiiiitifliiii U.S. Postal Service CERTIFIED MAIL RECEIPT Domestic MaitOnly;,No Insurance overage -rovided m -0 OLI( BETHPAGE, NY 11804 Postage $ 0.37 NIT III: 0944 m Certified Fee a 2.30 Postmark Return Receipt Fee Here (Endorsement Required) 1.75 ru t] Restricted Delivery Fee lerk.: KTRO3Y En (Endorsement Required) MI Total Postage&Fees $ 4.42 07/26/02 0 Recipient's Name(Please Print Clearly)(to be completed by mailer) Ci Stanley & Shirley Officina Street,Apt No,or PO Box No 0 19 Simpson Drive O City,State,ZIP+4 �_� :- sm. .: NY 11804 PS'Form 3800,'Febrr iary200is See Reverse for I str c LF I. . "osta ervi • CERTIFIED MAIL RECEIPT (Domestic Mail Onl ;No Insurance Covera•e Provided :11 TOAKLAND GARDENS, NY 11364 r` Postage $ 0.37 'JNIT ID: 0944 m Certified Fee 2e30 Postmark Return Receipt Fee 1.•5 Here ti (Endorsement Required) Clerk:Restncted Delivery Fee Clerk: KTY4C4 O (Endorsement Required) Total Postage&Fees $ 4.42 07/26/02 Recipient's Name(Please Print Clearly)(to be completed by mailer) B. Finder.,. A. Binder III & Marilyn Street,Apt No,or POBoxNo Fazio 58-20 202 Street ctyBayside, NY 11364 PS Form 3800,February 2000 See Reverse for Instrudtions IJ.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only No Insurance Coverage Provt.e o PECUNIC7 NY 11958 r"- Postage $ 0.37 UNIT ID: 0944 m Certified Fee 2.30 Postmark rs- Return Receipt Fee 1.75 Here (Endorsement Required) Restricted Delivery Fee Clerk: KTY4C4 O (Endorsement Required) 1=1 Total Postage&Fees $ 4.42 .07/26/02 Recipient's Name(Please Print Clearly)(to be completed by mailer) Kathleen Chamberlain_ mi Street,Apt No,or PO Box No I= Box 406 1=1 City,State,ZIP+4 `s- Peconic NY 11958 • A..,..._ PS Form 3800,;Fe6niaty 2000. See Reverse for Instruction's U.S. Postal Service - - CERTIFIED MAIL RECEIPT (Domestic Mail Only;No,Insurance Coverage Provided ATLANTA, GA 30327 Postage $ 0.37 .INIT ID: 0944 m Certified Fee 2.30 Postmark Return Receipt Fee , 175 r'- (Endorsement Required) 1.7`5 ru 0 Restricted Delivery Fee Clerk: KTY4C4 p (Endorsement Required) o Total Postage&Fees $ 4.42 )7/26/02 0 Recipient's Name(Please Print Clearly)(to be completed by mailer) Hugh Lee Switzer Izrrevo_cahl e___Tr-ust p Street,Apt No,or PO Box No 0 4651 Sentinel Post Road O City,State,ZIP-1-4 r- Atlanta, GA 30327 -PS Form 3800,February 2000 ,.Sese for .U.S.. P,ostalService CERTIFIED MAIL RECEIPT` 4 (Domestic Mail Only,No'Insurance Coverage Provided) ', • -a PECONICa NY 11958 m Postage $ 4.37 UNIT ID: 0944 cCI Certified Fee 2.30 Postmark M1 Return Receipt Fee 1.75 Here tU (Endorsement Required) Restricted Delivery Fee Clerk: KTY4C4 (Endorsement Required) 0 4.42 07/26/02 Total Postage&Fees $ p Recipient's Name(Please Print Clearly)(to be completed by mailer) Marilyn Hoffman Street,Apt No,or PO Box No I= PO BOx 452 CiN State,ZIP+4 Peconic, NY 11958 ryt, `"PSForm3800,.Februa 2000 '.."G " e�'R `3eeveTse'�for3lnstruetof n" • U.S. Postal Service CERTIFIED'MAIL RECEIPT • (Domestic Mail Only;NO Insurance Coverage Pro"✓ided -o 10 YORK, NY 10028 r- Postage $ 0.37 NIT IU: 0944 m Certified Fee 2.30 Postmark Return Receipt Fee Here r (Endorsement Required) 1.75 ru p Restricted Delivery Fee lerkKTY4C4 (Endorsement Required) Total Postage&Fees $ 4.42 $7/26102 --o Recipient's Name(Please Print Clearly)(to be completed by mailer) -StreeT, 'No or PCr�oNoE .an& 436 East 88th St. o Ci ,ewre, ork, NY 10028 is (jc n P F.rm+-:0® F-bruary 2000 --R-v-�s'f.r.lnstrutid • U.S. Postal Service CERTIFIED MAIL RECEIPT fD ' ,• omestic Mail Only;No Insurance Coverage.Provided m PECONIC, NY 11958 Postage $ 0.37 MIT ID: 0944 Certified Fee 2.30 Postmark r- Return Receipt Fee 1'71J. Here (Endorsement Required) O Restricted Delivery Fee Clerk: KTY4C4 O (Endorsement Required) Total Postage&Fees $ 4.42 07/26/02 .J3 Recipient's'sNamea (PleasePrintClearly)(to be completedomby mailer) StrBeet Apt N:a 041 ��r u f "- 0 175 Burtis Place D Crt State,ZIP,+4 -WILOC r 'iconic, NY 11958 gpritimgwei.r . U S..Postaf';Service =M� , _� CERTIFIED MAIL RECEIPTS (Domestic MarhOnly,No Insurance Coverage Provided).-?.>:- r O -0 MU YORK, NY 10028 Es- Postage $ 0.37 'MIT ID: 0944 w Certified Fee 2.30 Postmark Return Receipt Fee 1.75 Here rs- (Endorsement Required) ru 0 Restricted Delivery Fee LIerk: KTY4C4 C] (Endorsement Required) ' Total Postage&Fees $ 4.42 07/26/02 "El Recipient's Name(Please Print Clearly)(to be completed by mailer) 1= o tree o;o a f 0 12 East 86th St ` w`a`tork, NY 10028 072r`e�for lnStruc U.S..Postal Servic- CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provide. r— a co SAYVILLE, NY 11782 r` Postage $ 0.37 JNIT ID: 0944 m .ra Certified Fee 2.30 Postmark Return Receipt Fee 1.75 Here (Endorsement Required) ru Clerk: KTY4C4 d Restricted Delivery Fee ■ I= (Endorsement Required) 4.42 1)7/26/02 171 Total Postage&Fees $ Recipient's Name(Please Print Clearly)(to be completed by mailer) Dorothy & Real Boucher Street,Apt No,or PO Box No 0 35 Harp Lane 11.7.2 arJSsdVt3e, NY 11782 PS Form 3800,February 2000 - ,... See Re'ver`s=for , icns 1 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD.NEW YORK x In the Matter of the Application of Ronald Winkler, Elliott Stone and Gail Doroski AFFIDAVIT OF (Name of Applicants) MAILINGS • CTM Parcel #1000- 067.00.04.00 - 020.005, 020.002 and ---------------------------------- X 020.0034 o20.00tt COUNTY OF SUFFOLK) STATE OF NEW YORK) 1, Jennifer B. Gould, residing at 1820 Truman'$s Path, East Marion , New York, being duly sworn, depose and say that: On the c.2-64(4 day of July , 2002, I personally mailed at the United States Post Office in Greenport , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (x) Assessors, or ( J ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. (Sign ure) Jennifer B. Gould Sworn to before me this 1411L d of .T -A � ,,: , -11 2 �� JOSEPH L.TOw{VSE�V©JR. �� J. Notary Public, State of New Ybrk Ota Public Qua'. Suffolk County No. 9386335 ry ) Commission Expires Feb.0, 20o, • PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. o€ g-.1-6 occ- q (`Ards r?-00 -;,, ��a &U., d fof-f,r s�lv�cQ 't' SCJ ccc aLUL O • f4iuufp v-- ;, 4 f = - " . ! SCTM 1000- 67-4-3 David & Sara Evans 436 East 88th Street New York, NY 10028 SCTM 1000- 67-4-21.1 Hugh Lee Switzer Irrevocable Trust 4651 Sentinel Post Road Atlanta, GA 30327 SCTM 1000- 67-2-18 B. Binder, A. Binder III and Marilyn Fazio 58-20 202 Street Bayside, NY 11364 SCTM 1000-67-3-5 Kathleen Chamberlain Box 406 Peconic, NY 11958 SCTM 1000-67-4-6 Randall M. Kelly 12rEast 86th Street New York, NY 10028 SCTM 1000-67-2-16 Dorothy & Real Boucher 35 Harp Lane Sayville, NY 11782 SCTM 1000-67-2-19 Marilyn Hoffman Box 452 Peconic, NY 11958 ,SCTM 1000-67-2-17 r' Barbara Kumen ° 175 Burti Place ® jj ( 2clpr- c 03 & NW—. Ppconic, NY 11958 Stanley and Shirley Officina 19 Simpson Drive - - Old Bethpage, -NY 11804 • a • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK x In the Matter of the Application of AFFIDAVIT Ronald Winkler, Elliott Stone and Gail Doroski OF SIGN' (Name of Applicant) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000-067.00 - 04.00- 020.005, 020.002 and 020.003 020.009 X COUNTY OF SUFFOLK) STATE OF NEW YORK) tAbsII, :Teo/44,1-6 r at 210 1/)la,4 SSI . cfe9A4 ,L101 I , New York, being duly sworn, depose and say that: . tiA On the I S day of August , 200 2, I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date which hearin• sate .,:s •down o •- h u us-rt 22, 2 002 i.1' 'r_��i 1 y / (Sign- re) Swonto before me this 22"tlay of August, 2002 . (Notary Public) • *near the entrance or driveway entrance of my property, as the area most visible to passersby. FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS LABEL APPL# 5 �, n/ ASSESSORS CARD (7 COPIES) NAME , , ✓ CTY. TAX MAP (7COPIES + 1) 0 ► i, ao PAZA INDEX CARD (ATTACH OLD) TOWN Aree "- L-tST AL-P1-F*-B 6@K ✓ RESEARCH ALPHA COPY PRIORS -, ' &S3 S 4615z72g Ce) SIX COPIES INSPECTION PACKETS COMPLETE REF: • UPDATED NEW INFORMATION OFFICE OF { ZONING BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Email: Linda.Kowalski(c Town.Southold.ny.us or Paula.Quintieri(c�Town.Southold.nv.us (631) 765-1809 fax (631) 765-1823 ;-u,,i 0-77- 6 0/ 51-,e , Y1Za4 July 23, 2002 Re: Chapter 58 - Public Notice for Thursday, August 22, 2002 Hearing - ,L �-r�• Dear Sir dam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. 1) Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of;your application and hearing must be now mailed with a map or sketch showing the construction area or variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with the above sketch or survey showing the new construction area, or details of your request, by Saturday, August 9th to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another address for a neighbor,'you may want to send the notice to that address as well. 2) When picking up the sign, a $15 check will be requested for each poster (or metal stand if needed) as a deposit. Please post the Town's official poster/sign no later than Thursday, August 15th. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) The sign(s) must remain in place for at least seven (7) days, and should remain posted through the day of the hearing. If you need a replacement poster board, please contact us. 3) By August 17th, please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. The original Affidavit is due not later than the date of the hearing. Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the hearing, if possible. If any signature card is not returned, please advise the Board at the hearing. These will be kept in the permanent record as proof of all Notices. 4) By August 22nd after the signs have been in place for seven (7) days, please submit your signed Affidavit of Posting to our office. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation_ Very truly yours, Enclosures Zoning Appeals Board and Staff P.S. Please pick up the poster sign between August 5th and 12th between 8-12, or 1:30-3. Thank you. Y4 ,3--7- ig piymile4///),_,),()„,hei, /pi -if- To .'-' ,- D-b .'i . Lz, B ., 4-IB-1S F•;hhg., 8-.-9/ ` IIz.-D@a t, . �Jco t+4 e 6-A 4e,o NOO! E.) ,'-tJiY. E b-V_91_ _ • – �5 / /..K.,,',.. •s _ — o�G / Doig v` ' \\y \y. % /N<er \\ i _ 1 I 4\\e N• \'•,A 4.I, , ,,, , 4414 .,...., . ` .• X G 0. SEE SEC NO 130 A .\ ' . ;.\\ r 0,o s�_ , — P .y.,,... t ,,,,, / Coy/c "4, I—__—__ i A-0--er-,1- _-- He,,,4**'e % .,,..> ..., cT ,,,,... oItiko, l4° A. — �',.0 . \.. y („�.l pie P. IF • CO) •y Oo C D4 1=1:: 10 0a �'. o e'/ ”m / x / / —--- �' �v 4c,..6 OD P`` L F* d/0e°°e/ O O` M1• O PJ f.�"' �'' ' A / /` ///,am ^\ , -- 7 4. / A /'e O e \\" A . //F ee//, `-e / j y`/,/, /,-.. .. ASD :r1 i .,D i i'y�j. ,% %A ' �� ,c e // %/,- �--- �/ J +' ry/�k/NSA, ~.i;ro �p a/ r'�/*�. °%m / %• e v s Sr. „ice °p L A ,p• \\ P; /.., 9e / wl - - l 7 `s�,¢o•••s;1., n j▪ A A 4a 04•eVo A44410,/, +'g/ _Ir \\f 's\�� QPy •N / h--- l/� {• '"' Sob /'`.,/,.,.., 6 ,0 ' '>' I \- L •ND..I O • 19 ..} .a / / A e b . OyALL PR OPERTI ES W• NOTICE ITNXFOLLOW!.MDISTRICTS NImTIr TE Ao.fIE ' ee n0;0 '�ORCNAPIST FIRE EAT 1d . Tnn Xtt 4.1TN[ legend KEY MAP NICHN EI B{KEP 1R 'W L GvnIT Lie. --- F0.Dinvin Lle. --F HO..DI.meI Lino__H-- S.IdirNlen lel Ne OF) © COUNTY OF Y P E].dt] '!O^�Oen.. (...n(.,na y] 0 E •'VI, nne E„e, d..Nm LOCA. _____ Rllnee L.. ______ LICA.DI.Idn Lm. _—A_—_ BA.)N. t] ..ba ol ).,eo. e]. . "•' °"Real Property Tax , 11.6 Penn°ile°ni° r,„,,,,,,, -F--.--y- BIxl LI. _ Perk 011.11PL.ne --P--- Pend N. 13 D.ed An1dl Ante ITAISO En SCALE IN FEET County CD X..n -� __ iONO Dorn.I L.ne ---F.—.. U...OhIna L. __s_ P.221.biee Blah N. 21) Cdeelmd At. 120)) eT3 Riverhead,L 1,1 SOUTHOLD TOWN HOARD ur APPEALS -84 June 14 , 1979 PUBLIC HEARING: Appeal No. 2555 - Upon application of Luella L. Mullio, Burtis Lane, Peconic, New York, (Abigail A. Wickham, as Attorney) , for a variance to the Zoning Ordinance, Article III, Section 100-30 and Bulk Parking Schedule for permission to divide property with insufficient area and width. Location of property: Lots 78 and 79 and 104 through 110 inclusive on Map No. 654 of Peconic Shores, No. 2. - The Chairman opened the hearing by reading the applicatin for a variance to the Zoning Ordinance, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and disapproval from the Building Inspector. The Chairman also read a letter from the Town Clerk that notification by certified mail had been made to: Mr. and Mrs. Emil Siebert, Commissioner of " Social Services, County of Suffolk, Mr. and Mrs. Victor L'Eplattenier. Fee paid $15. 00. THE CHAIRMAN: The application is accompanied by the County Tax Map which shows the parcels referred to as well as a sketch map for the Title Company made by Van Tuyl indicating and marked in red the lot that the applicant wishes to set off from the other nine lots. There are two cottages on the next lots, Lots No. 106, 107 , 108 , 109, 110 and 78 and 79. There are 8 lots. MRS . LUELLA L. MULLIO: There are seven that I would like to separate from the other two. There are nine altogether. Lots 104 and 105 are where the house is located. ABIGAIL A. WICKHAM: Mrs. Mullio owns 104 and all the way north to 109 and 110 and then also 78 and 79. MR. DOUGLASS: Her dwelling occupies two lots. MS. WICKHAM: Yes. THE CHAIRMAN: Is there anyone else present who wishes to speak for this application? MS. WICKHAM: We would like to request a variance for the" " reasons stated in the application. This is an area where the lots are very small and houses have been constructed on very small lots. Mrs. Mullio ' s residence happens to be on two lots and I think it is a natural division of the property. She has had interest from purchasers in buying the rental cottages and the remaining property, but is unable to sell the parcel as a whole parcel. I think it represents a natural division. THE CHAIRMAN: I was just wondering . . . . this is not an official map;y, is it? It goes back to 1945. It is a filed map though. MS, WICKHAM: I have a whole map here. Peconic Shores. THE CHAIRMAN: Is this an "excepted" subdivision? MS. WICKHAM: In the Town ordinance? I think so. No, it is not in the Ordinance, I 'm sorry. SOUTHOLD TOWN BOARD OF APPEALS -9- June 14 , 1979 MR. DOUGLASS: I've never heard of it being excepted. THE CHAIRMAN: I was just wondering what criterion was used to establish the lot sizes there. MR. DOUGLASS: Someone drew them up. THE CHAIRMAN: I mean other than a surveyor. MS . WICKHAM: I believe that back in 1929 , when this was originally napped that was the size of the lot. MR. TUTHILL: Do you know if some of the original sized lots were merged, Gail? MS. WICKHAM: There are some parcels which are owned in single and separate ownership. MR. TUTHILL: In other words the Suffolk County Tax Map shows a different number of lots than the subidvisop map? MS . WICKHAM: Right, because they are in single and separate ownership. It says 10,600. Section 100-12 of the Ordinance THE SECRETARY: Peconic Shores, Section I is excepted, but not Section II. MS. WICKHAM: I don't even see that. THE SECRETARY: It's under the General Provisions of the Ordinance in the front section. THE CHAIRMAN: Mrs. Mullio, do you know the difference between Section I and Section II? MRS. MULLIO: No. The Daly family were the original owners of this. I don't know how they arrived at the size of the lots. Below me to the right there are houses on single lots. MS. WICKHAM: I think that Section I is the portion along the Sound. THE CHAIRMAN: You wonder why Section I would be excepted, but not Section II. As I remember it, it was based on how many houses existed at the time the Zoning Ordinance came into existence. Were there many houses on that propertyaat that time? MRS . MULLIO: There were 3 down below me to the right, but they are all on single lots. THE CHAIRMAN: I am not bringing this up to complicate your apli- cation tonight, but if you own the rest of the property, you might check to see if you can sell them as individual lots. SOUTHOLD TOWN BOARD yr APPEALS -10- June 14 , 1979 MS. WICKHAM: They are not in the excepted list. So, they would need a variance to do that. THE CHAIRMAN: All you are doing here is separating your residence from the rest of the property. Between your house and the rest of the property are two summer cottages, is that correct? This more or less establishes the boundaries of your property. - MS. WICKHAM: The area of the whole parcel including the two cottages that she wants to set off is between 34,000 and 35, 000 square feet. This is roughly 100 feet by 125 feet. THE CHAIRMAN: Does it give the total area on that map? MS. WICKHAM: Not on the tax map, no. MRS. MULLIO: I think it is approximaely an acre and a half. MS . WICKHAM: It would be approximately 22 , 000 to 23,000 for the remaining, unimproved property. I think that answers your question. THE CHAIRMAN: It looks as though the lots are 50 feet by 100 feet in each lot. That is 5 ,000 each. Assume that lot 78 which is odd shaped is another 4 it 5,000 and 79 is approximately 4 ,000 square feet. This property is on a very steep hill. MS. WICKHAM: Lot No. 108 has the large drop in contour. THE CHAIRMAN: Yes, and that is the lot that has 6 or 7,000 square feet. Everything that is remaining is about 23,000 square feet. MR. DOUGLASS: In this division, what is your intent for access? MS. WICKHAM: The improved road has full frontage along lots 104 and 105, which we are setting off. It also has full access along lot 106 and a small portion of 107. So this whole piece which is improved now by the two cottages does have access on Burtis Place. Burtis Place has not been improved north of that section. MR. DOUGLASS: But she has an improved foad MS. WICKHAM: She has an improved road from there. You can see how that road comes in. MR. DOUGLASS: What I am getting at is, is that what you are going to use to grant access to those lots. MRS . MULLIO: If I sell the rental properties, that improved road will be included. MR. DOUGLASS : Your road will come in the other way and stop at the division line. I just want to make sure that you have access for the rest of this land when it is sold. MS. WICKHAM: Yes, we understand that. They do have access from SOUTHOLD TOWN BOARD APPEALS -11- June 14; 1979 either way. MR. TUTHILL: Will this leave the two A-frame dwellings on one piece of property? MS. WICKHAM: Yes. MR. TUTHILL: In other words you are just cutting the residence from the rest? MS. WICKHAM: Yes. We are just separating out the residence at this time. THE CHAIRMAN: When you divide out property, one of the things you have to determine is what is left. We just have to make sure that the remaining portion is usable. MS. WICKHAM: We felt that splitting off the residence on its own two lots is not going to distort the rest of the property. It may be that some of these lotsddown here may at some point be developed. We would probably have to go to the planning board to do that. THE CHAIRMAN: You certainly would, if you wanted to. 1 ve four lots there. I really doubt that you could get more than one, which still would not be a half acre. Is there anyone present who wishes tp speak against this application? (there was no response) . After investigation and inspection the Board finds that the applicant is the owner of nine under-sized lots at Peconic Shores, Section 2. Her present residence occupies two lots, and she wishes to divide these two lots from the other seven. The Board agrees with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED, that Luella L. Mullio, Burtis Lane, Peconic, New York, be GRANTED permission to divide property with insufficient area and width as -applied for".' . Location of property: Lots 78 and 79 and 104 through 110 inclusive on Map No. 654 of Peconid Shores, Section 2 . Vote of the Board: Ayes : Messrs: Gillispie, Grigonis, Tuthill and Douglass. * * PUBLIC HEARING - Appeal No. 2553 Upon application of Walter E. and RuthdH. Glasser, Jackson Street, New Suffolk, New York (Abigail A.