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.... P/LUll g. ~J~P~TJLNJ:~N .. ~#3212 Whistler Ave., F.[. ~.~, 3/2/84 ~'~q-~-app'r~va'l'~of 'T~is-a-ff".'aYe~' & width 'of two- p~ro' ~ posed parcels,.and .for~.perm.ission to continue use of multiple-dwelling residence on pro-~ pOsed~' Parcel ~"B" ~as exists Southold Town Board of Appeals MAIN ;~OAD- STATE I~0AD 35 SrIUTHrlLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3212 Application gated January 25, 1984 TO: Robert W. Tasker, Esq., as attorney for the Town of Southold 425 Main Street Greenport, NY 11944 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on March 2, 1984 the above appeal w~ considered, and the action indicated below was taken ~~t for Variance Due to Lack of Access to Property .... ~ew York Town Law, Section 280-a [ ] Request Article [X] Request Article Article [ ] Request for for Special Exception under the Zoning Ordinance , Section for Variance to the Zoning Ordinance III, Section 100-31 and V, Section 100-51, Bulk and Parking Schedule The public hearing on this application was also held on March 2, 1984. Upon application for PAUL D. VARTANIAN and the TOWN OF SOUTHOLD for a Variance to the Zoning Ordinance, Article V, Section 100-51 and Article III, Section 100-31, Bulk & Parking Schedule for approval of insufficient area and width of two proposed parcels, and forJpermis- sion to continue use of multiple-dwelling residence on proposed Parcel "B" as exists. Premises: Whistler Avenue, Fishers Island, NY; County Tax Map Parcel ID No. 1000-009-10-9. The board made the following findings and determination: By this application, appellant proposes a division of approxi- mately 1.4 acres of land located on the north side of Whistler Avenue at Fishers Island. The division is a set-off of a parcel of land containing an area of .897 of an acre, or 39,106 sq. ft. with frontage along Whistler Avenue of approximately 312 feet, which is depicted as Parcel "B" on survey prepared June 14, 1983 by Chandler, Palmer and King. The tract shown as Parcel "A" will contain an area of .506 of an acre, or 22,029 sq. ft. with 110' frontage along whistler Avenue and will be retained by the Town of Southold for use by the Fishers Island Ferry District. Parcel "A" is not subject to the Town's Zoning Code. Existing on proposed Parcel "B" are a 25' by 25' accessory build- ing and a brick six-family dwelling, which has continuously been used as such prior to the enactment of the Zoning Code. Existing on Parcel "A" are a 20' by 25' accessory building and a brick one-family dwelling. The premises are served by communal sewer and water systems. The board members have personally visited the site in question and are familiar with the surrounding neighborhood. The entire premises in question are and have been owned since World War I by the United States Government and formed a part of former Fort H. G. Wright. The premises on the westerly side are zoned "M" Multiple Residence and are owned by the Fishers Island Union Free School District. The premises to the south of Whistler Avenue is zoned "B-l" Business and consists of the Fishers Island Airfield. For the record it is noted that the following documents have (CONTINUED ON PAGE TWO) DATED: March 10, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3212 Matter of PAUL VARTANIAN/TOWN OF SOUTHOLD Decision Rendered March 2, 1984 been filed supporting this application: (a) Letter of Acceptance dated December 21, 1983 from the U.S. Government, General Services Administration to the Town; (b) September 14, 1983 Offer to Pur- chase; (c) January 12, 1984 Contract of Sale between the Town of Southold and Paul D. Vartanian. In considering this appeal, the board determines: (a) that in granting the relief requested, no adverse effects will be produced on available governmental facilities of any increased population since the uses are not to be greater in number than exists; (b) that the abutting premises are also being used for multiple-dwelling purposes and therefore the relief requested will not produce a change in the character of the neighborhood or produce a substantial detriment to adjoining properties; (c) that the difficulty cannot be obviated by some method which might be feasible to appellant other than by the grant of this application; (d) the lot area of Parcel "A" will have 55.07% of the requirements of the Bulk Schedule applicable to the "M" Light District and 81.48% of the required width; the lot area of Parcel "B" will have 97.78% of the required 40,000 sq. ft. applicable to the "M" Light Multiple-Residence District, therefore the relief requested is not substantial, especially when compared with those parcels in the immediate neighborhood; (e) that the circumstances are unique; (f) that the relief requested will be in harmony with and promote the general purposes of zoning; and (g) that the inter- ests of justice will be served by granting the relief requested. NOW, THEREFORE, on motion by Mr. Doyen, seconded by Mr. Goehringer, it is RESOLVED, that the application for PAUL D. VARTANIAN and the TOWN OF SOUTHOLD, BE AND HEREBY IS APPROVED AS APPLIED FOR in Appeal No. 3212. Location of Property: North Side of Whistler Avenue, Fishers Island, NY; County Tax Map Parcel District 1000, Section 009, Block 10, Lot 009. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was unanimously adopted. March 12, 1984 Southold Town Board of Appeals MAIN ROAD-~TATE: ROAD 25 ciOUTHQLD, L.I., N.Y. 11971 TELGPHONE {§16) 785-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRING£R, CHA[RMAN CHARLES GRiGONt$,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Heeting and the following public hearings will be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, NY on FRIDAY, MARCH 2~ 1984, commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Recessed hearing of FRANK SIMON and GEORGE SANBORN. Accessory garage .in frontyard area. 3955 Stars Road, East Marion, NY. 7:35 p.m. Application for HENRY AND DOROTHY ST. GEORGE, by Irving L. Price, Jr., Esq., 828 Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-32 for permission to construct: (a) addition to dwelling reducing rearyard setback, (b) accessory garage building in the frontyard area at premises: 300 Marion Place, East Marion, NY; County Tax Map Parcel No. lO00-31-8-part of 12.5. 7:40 p.m. Application of JAMES F. DRUCK III, Box 355, Laurel, NY, for a Variance to the Zoning Ordinance, Article III, Section lO0-31, Article XI, Section 100-118, to alter and construct addition to a nonconforming second dwelling exceeding 50% of fair market value and leaving insufficient sideyards. Premises: 7015 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. lOnn-126-10-O13. ~'"'~:45 p.m. Application for PAUL D'. v~T~NIAN and th~"ToNN-~OT-~6~r~ } ~ VLriance to the Zoning Ordinance, Article V, Section lO0-51 and Article III, ( S~jon lO0-31, Bulk & Parking Schedule, for approval of insufficient area and ~ width of two proposed parcels, and for permission to continue use of multiple- f dwelling residence on proposed Parcel !'B" as exists. Premises: Whistler / Avenue,~ Fishers Island, NY; County Tax Map Parcel ID No. lO00-O09-10-9. J 7:50 p.m. Application for PATRICIA STEGNE~, by Rudolph H. Bruer, Esq., Main Road, Southold, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-31, and for approval of access, New York Town Law Article 16, Section 280(A)[3], concerning premises having insufficient area and width and located along the west side of a private right-of-way off the south side of Main Bayview Road, Southold, NY; County Tax Map Parcel ID No. 1000-78-6-5 and 10.2. 8:00 p.m. Application of HARRY AND MARIE FAGAN, 52 East Lincoln Avenue, Valley Stream, NY 11580, for a Variance to the Zoning Ordinance, Article III, Section lO0-31, for permission to construct deck addition with reduction in the rearyard setback from the westerly property line at premises: 400 Betts Street, Cutchogue, NY; County Tax Map Parcel No. 1000-110-6-9. Legal Notice - Page 2 March 2, 1984 Regular Meeting Southold Town Board of Appeals 8:05 p.m. Application for FRANCES D. EPP, Birch Road, Southold, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area in the proposed set-off of lot located at the corner of Maple and Pine Roads, Southold, NY; County Tax Map Parcel ID No. 1000-54-9- part of 18. 8:10 p.m. Application for DANIEL SHELLEY, by Gary Flanner Olsen, Esq., Box 38, Mattituck, NY for a Variance for approval of access, New York Town Law, Article 16, Section 280(A), and Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of one parcel in this proposed two-lot division located on a private right-of-way off the north side of Oregon Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-2-4. 8:20 p.m. Application for NORTH FORK BAPTIST CHURCH, C.R. 48, Mattituck, NY by G.L. Horton for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to relocate a nonconforming one-family dwelling which was the subject of Appeal No. 3197, conditionally approved on January 25, 1984, at premises located on the west side of Westphalia Road and the north side of C.R. Mattituck, NY; County Tax Map Parcel No. 1000-101-02-21.1. For information concerning the above matters, please contact Linda Kowalski at the Office of the Board of Appeals, Town Hall, Southold, NY; tel. 765-1809 or 1802. Those persons having an interest in the above matters may appear at the time and place specified herein. Dated: February ll, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN NOTICE TO NEWSPAPERS: Please publish once, to wit: Thursday, Februa~ 23, 1984 and forward nine affidavits of publication to: Board of Appeals, Main Road, Southold, NY 11971, before February 29th. (516) 765-1809. Copies have been forwarded to the following 2/16/84: Irving L. Price, Jr., Esq. for Simon and Sanborn " " for Henry and D. St. George Mr. James F. Druck III Robert W. Tasker, Esq. for Rudolph H. Bruer, Esq. for Mr. and Mrs. Harry Fagan Mr. C. Cochran for Mrs. Epp Mrs. Frances D. Epp Gary Flanner Olsen, Esq. for Mr. G. Horton for North Fork North Fork Baptist Church Suffolk Times L.I. Traveler-Watchman ,Supervisor and Town Board Members Planning Board Chairman Z.B.A. Members Individual files Posted Town of Southold/Vartanian Patricia Stegner Daniel Shelley Baptist Church on Town Clerk Buetin Board 2/16/84 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To ./~.Cl.~-~. ~.. ~,~.;..~.~.~Y~ ...... .... h~.~Tz.~... ~/.-.: .................. · .. ........ for permit to conch ~,,A "...~..'~ ./( .~.7-./Q.. · ./h ~A~/. ~). · ~.~..Xd.~. ~g/.. ~.?]. ~..~.. ~. .......... at Location of Property.. ¢Q'./~. .... ~.' ./Q//.~,~.~.~... ~.~.~ ........... E.~.~:..~.~..~../~./'fl House No. Strut Hamle~ County Tax Map No. 1000 Section ... ~' '~'/' '7 .... Block .... /..O. ....... Lot . ~. ~.,/? ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on, the following grounds·. '.~.~.q/.~.~../.~¢... ~. ~ ........ · .ih. ~c~,'~,,/, 6~/~,~,,, ./..~..... ,~/:~-.~......-7 ............................... ......... ~G:~ .~ ..... ~. ~.~. . ./. o. ?.. :. ~.~. L ........................... ....................... .~..~,:..~... ~: ~a~ ~¢~ /.:. .L2Z . . . . . . . . .-. . . . . . Building Inspector RV 1/80 TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE ,J.~.O..q~.r. ~v....2~ ,, ...1~8 4 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (we)..T. nw.o.. f..5.Q.u.tbnl.d. .............................. of .....M.,a. .................................................... Name of Appellant Street and Number ........... ,S..,o..u_t..h..o.!,d.; ............................................................... ~..e..w....Y..o..r..k. .......... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 1/13/84 FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO x) ) x) Name of Applicant for permit of ................................. S .ut Ql L ....................... .................. Street and Number Municipality State PERMIT TO USE and maintain property PERMIT FOR OCCUPANCY PERMIT TO ~ divid9 premises into two lots 1 LOCATION OF THE PROPERTY ..W. hi.s,.t.!.e.r,..A...v..e.p..q~.,...F.j,s.h.e.r..s...I..s.!.a..n...d. ........................ ..A. .......... Street ~ Hamlet Zone $GT.H...~99..~...qg.gr..!.0. r.9. .............................................. OWNER (S): U....S....~gygFDjRgQ~ .......... Map No. Lot No. DATE PURCHASED: m~r)% Sbp~ ~D. yrSo. ego. 2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) A~tJ.c~e III , ~ec'c~on 100-31 & Art, V Sec, 100-51 Bulk & Parking Schedule 3 TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 4 PREVIOUS APPEAL A previous appeal S~N3X) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ac, peal was ( ) request for a special permit ( ) request for a variance (x} Pemit to divide premises and was mode in Appeot No ................................. Doted ...................................................................... ) ) (x~ requested for the reason that REASON FOR APPEAL A Variance to Section 280A, Subsection 3 A Variance to the Zoning Ordinance Permission to ~!vide lot which will result in reduced area and width r,quirements. we would like to Fm~n ZBI Continue on other side) STRICT APPLICATION OF THE ZONING CODE will result in PRACTICAL DIFFICULTIES for the following reasons: I. The premises which are the subject of this appeal are located on the north side of Whistler Avenue at Fishers Island, and comprises an area of approximately 1.4 acres of land upon which two brick dwelling buildings are erected, consisting of a one family dwelling on the westerly portion and a six family dwelling located on the easterly portion of the premises. The premises are and have been owned since World War I by the U.S. Government, and formed a part of former Fort H. G. Wright. The premises are shown on the Suffolk County Tax Map as District 1000, Section 009, Block 10, Lot 9. The premises is located in the "A" Residential District; It abuts on the west premises located in the "M" Multiple Residence District; the premises to tt-.e South consists of the Fishers Island Airfield, zoned "B-I" Business. All as shown on a portion of the zoning map annexed hereto. The premises is bounded on the North and West by premises owned by the Fishers Island Union Free School District and used for multiple residence purposes by the School District. 2. In 1983, the General Services Administration (G.S.A.) of the U.S. Government offered the subiect property, as well as a 4.68 acre waterfront parcel for sale, and in September, the Town of Southold, on behalf of the Fishers Island Ferry District, submitted an offer to purchase both parcels at the following prices: Waterfront Parcel Housing Parcel Total $465,000.00 230,000.00 $695,000.00 On December 21, 1983, the G.S.A. accepted the Town's offer to purchase (annexed hereto is a copy of said offer to purchase and C.S.A.'s acceptance thereof). 3. Under the terms of sale, G.S.A. requires that an offer to purchase must include the offer to purchase all of the property being offered for sale. The Fishers Isla~d Ferry District will utilize the waterfront parcel for ferry traffic, parking and other Ferry District purposes. The total cost of the waterfront parcel will be provided by contributions from residents and property owners of Fishers Island. 4. With respect to the Housing Parcel, which is the subject of this Appeal, the Ferry District proposes to use the one family brick dwelling to provide housing for Ferry District personnel. The Ferry District has no use for the six family brick dwelling located on the easterly portion of the premises. However, in order to acquire the one family dwelling, the Town must purchase the entire parcel. The Town has entered into a contract with Paul D. Vartanian to sell the six family dwelling, together with 39,106 sq.ft, of land, for the sum of $150,765.00 (anne×ed hereto is a copy of said Contract of Sale). 5. The sale of the six family dwelling and land will require a division of the Housing parcel into two parcels, as shown on the annexed map dated June 14, 1983, prepared by Chandler, Palmer & King. Parcel "A" containing 22,029 sq.ft, will be retained by the Town of Southold, and Parcel "5" containing 39,106 sq.ft, will be sold to Paul D. Vartanian. 6. As previously stated, the subject parcel as well as all surrounding land comprised former Fort H. G. Wright, and the subject parcel, while owned and used the the U.S. Government, is not subject to the Town's Zoning Code. Also, since the subject premises have been continuously used for multiple dwelling purposes prior to the enactment of the Town's Zoning Code, said premises and the use thereof constitutes a preexisting nonconforming use, which use may continue as a matter of law. However, since the Town proposes to divide the subject parcel into two parcels, one of which will be conveyed to a non-governmental entity with an area of less than that required by the Zoning Code, an area variance will be required. 7. Appellant asserts that there exists practical difficulties which support the granting of area variances for the following reasons: If the variance is granted, the effect thereof will not increase population resulting thereform since the multiple family dwelling has been and will continue to be used as a six family dwelling facility. The premises are served by communal sewer and water systems, and no increase demand of such facilities will result. The premises located on the north side of Whistler Avenue located west of the subject premises is zoned "M" ,~lultiple Residence and is used and occupied for multiple residence purposes. The School District property abutting the subject premises is also used and occupied for multiple residence purposes. Accordingly, the granting of the requested area and lot width requirements will not produce a change in the character of the neighborhood or produce a substantial detriment to adjoining properties. (c) That the difficulty cannot be obviated by some method which might be feasible to the Appellant other than by the grant of the variances requested herein. (d) That the Bulk & Parking Schedule applicable to the "M" Light District requires a lot area of 40,000 sq. ft. and a lot width of 135 ft. The division proposed will result in Parcel "A" having an area of 22,029 or 55.07% of the required area, and a width of 110 ft. or 81.48% of the required width. Parcel "B" will have an area of 39,106 sq. ft. or 97.78% of the required lot area. It is submitted that the requested variances are not substantial, especially when compared with the lot areas and widths of all the other lots located on the north side of Whistler Avenue. (e) That in view of the circumstances in which the difficulty arose, and considering all of the factors, it is respectfully asserted that the interests of justice will be served by granting the variances requested. WHEREFORE, for the reasons hereinbefore set forth, Appellant respectfully request that it be granted variances to subdivide the subject premises into two lots, with Parcel A having an area of 22,029 sq.ft, and a width of 110 ft., and Parcel B having an area of 39,106 sq.ft., as shown on the map prepared by Chandler, Palmer & King, dated June 14, 1983. Sworn to before me this 24th day of January, 1984 Notary Public TOWN OF SOUTHOLD ~~r, '~ney ANN M. ABATE NOTARY PUBLIC, State d ~ Yerh Suffolk County No. 4748183~,~ -2- (~80 FIFTH AVENUE NEW YORK, N.Y. 10019 (21;~) Cl 5-6633 J SUPERVISORS OFFICE TOW,~ O? SOUrHOt O 1987 February 4, Supervisor Francis Murphy Southold Town Hall Main Rd. Southold, New York 11971 Dear Supervisor Murphy, Paul Vartanian requested me to send you the following material. Enclosed ia the decision of the Board of Appeals, a copy of hi~ contract from the town and a map of the area. The contract is important because of the statement that the town would not oppose any applications for a multiple zoning of the apartment building. The map of the area shows the physical location of the buildinK and that it would be con- tiauous with the proposed hamlet density zoning. Also, it would not distract from the character of the area since it is on the same block. A point which Nr. Vartanian thinks should be brought to your attention is that one of the problems with Fisher's Island is the lack of year-round housing. And even though the apartment building is presently not_U~Sd for year-round housing, it well might be in the future, so why zone it out now? Mr. Vartanian will be returning tomorrow and will be writing a formal letter tb the board as you suggested, but he thought that you should have this material in advance. WARNING: gO REPRESENTA'I~N I~DE THAT THIS FORM OF G ONT~I~CT FOR THE. $ A [/i~N D PU RG H,,A~.~E OF REAL ESTATE COMPLI~ITH SECTION 5-702 OF THE GENERAL OBLIG~NS LAW ( PLAIN ENGLISH' ). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract fom~ does not provide for what'happens in the event of fire or casuahy loss b~fore the fide dosing. Unless different provision is made in this contract, Section S- 1 $11 of the General Obliga6ons Law will apply. Ooe pan [ o[t hat law makes a purchaser responsible for fire ~nd c~suahy loss upon ~king of tide to or possession of the premises- i CONTKACT OF SALE made asofthe/,~CO~/ dayof ~ ,19 ~'/~/ BETWEEN TOWH OF SOUTHOLD , a municipa~/corporat~dn Of the State of New York having its principal office at 53095 Main Road,' Southold, New York hereinafter called "SELLER", who agxees to sell; and PAUL D. VARTANIAN 680 Fifth Avenue New York.. New York lOO19 Ad'ess: hereinafter called "PURCHASER" who agrees ~o buy the propexty, including ~ b~ ~ ~p~ · ~n (~e ~P~MIS~, mo~ ~y ~ ~, ~ ~ ~ ~pm~u &~n ~ ~, ~ ~ ~at Fishers Island, Town of S~t~old, County of Suffolk and S~te of New York, ~lng ~und~ and described as follows: BEGINNING at a monument on the Southwesterly line of Equestrian Avenue, lo, ted 61q. q3 feet North of a point which Is ~127.52 feet West of a monum~t marking the United States C~st and G~etic Su~ey Triangulation S~tlon "PROS" and running thence Sou~h 66 degrees q2 minutes 00 s~onds West 121.00 feet to an iron pipe; thence South 22 degrees q7 minutes 00 s~onds East 200.99 feet to an iron pipe on the Northwesterly line of Whistler Avenue; thence along said Avenue line on the following three courses: North 67 d~r~s 13 minutes 00 s~onds East 15g.55 feet to a drill hole~n a sidewalk; North q3 d~rees 26 minutes 00 s~onds East 60.12 feet to a drill hole in a sidewalk and North 28 d~rees 19 minutes 00 s~onds East 97.39 feet to the South~sterly line of ~id Equestrian Avenue; thence South 79 d~rees 28 minute~ 15 s~onds West 103. q5 f~t along ~id Avenue line to a monument; thence North 56 d~rees 10 minutes S0 s~onds West 113.17 feet along said Avenue line to the monument at the point of b~inning. Containidg 39,106 sq. ft., more TOGETHER with and subj~t to any existing right~ for the use and maintenance of a sewer line crossing the above described premises and adjoining property. SUBJECT to rights of others to use and maintain the existing ~les, overhead utilities and telephone lines and building on and crossing the above descrlb~ premises. SUBJECT also to the rights of others to use, repair and main~ln the existing right of way which crosses the a~ve describ~ tract. SUBJECT to the adoption and taking eff~t of a resolution adopted by the Town B~rd of the Town o~ ~o~t~ld, subj~t to a permissive referendum authorizing this conveyance. SUB~C~ ~o ~he gown of Soughold fo~ mulglple dwell[rig use of above Tax Map Designafiom /'~'O--Oo~/~'-- ~ Excluded from this sale are: Furniture and household furnishings, 1. (a) The purchase price is $150, 765.00 PayabLe as follows: Ou the signing of this contract, by check subject to collection: $ 2#, 500.00 By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): S - By a Purchase Money No~e and Mortgage from PURCHASER (or assigns) to SELLER: $ BALANCE AT CLOSING: $126, 2fiS. 00 that it will remain subject to the prior lien of any is extended or modified in good faith. The Purchase Mo~ey Note ~nd Mortgage shall be drawn on the of Ne~4York Board of Tide Underwriters by the ~ttomey for SELleR. PURCHASER sh~ll tax, recording fees and the attorney's fee in the amount df S (c) If any required payments are made on an .T.XISTING reduce the unpaid principal amount dj'an EXISTING MORTGAGE below the the balance of the price payable at CLO51NG will be adjusted. SELLER a is reasonably correct and that only [ ~(d) If there is a mortgage SELLER shall assign it to PURCHASER, escrow account to SELLER at CLOSING. ; which paragraph 2, then ~hown in Paragraph 2 be made. Mongag~ year, presendy Pa~ble lien of "EXISTING MORTGAGE(S)" as follows: in installmen~ of $ , which include principal, an~J with any balance of principal being duc and payable on , s~ates that no EXISTING MORTGAGE contains any provision that permio the holder of Oil' i~s immediate payment in full or to change any other term thereof by reMon of the fact of 3. All money payable under this contract unless otherwise specified, shall be either: a. Cash, but not over one thousand ($1,000.00) Dollaxs, b. Good certified check of PURCHASER` or official check of any hank. savings bank, trust company, or savlngs and loan association having a banking office in the State of New York, payable to the order of SELLER, or to the order of PURCHASER and duly endorsed by PURCHASER (if an individual) to the order of SELLER in the presence of SELLER or ~ELLER'S attorney. c, Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PURCH~/SER u p lo the amounl of ($ 1. {~00.00 )dollars, or d. As otherwise agreed to in writing by SELLER or SELLER'S anorney. 4. The PREMISES ar? to be transferred subject to: a. Laws and govemmenUti regnlations that affect tbe use and maintenance of the PREMISES, provided that they are not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of,any structures on, under or above any streets on which the PREMISES abu~ c. Encroachments of stoops, areu, cellar steps, trim amd cornices, if any, upon any street or highway, d.See Rider Attached 5. SELLER shail:$4ve and PURCHASER shall accept such fide as 'the seller acquires from the U. t'~Government, the present owner.~ __ Cert~rau omu B,argatn & Sale wlcov~liants deed in proper~.c~ms7 form rot ~ng ~ u m ~sfer · J[ o~ership (f~ ~ple fi~ ~e P~MIS~, ~ of ~ en~b~ ~t u h~. ~e d~d ~ con~n a coven~t by SEL~ ~quir~ by ~on 13 of ~e Uen ~. ~ Directo~ authorizing ~e ~e ~d deli~ of~e d~. ~d (b) a ce~R~ by ~e ~ or ~sis~ ~ · e cor~raoon ce~ing ~uch ~ofudon ~d setting fo~ f~ ~ho~ng ~al &e ~sfer is ~ ~nfo~ ~ ~e r~ulrements of ~on 90g of ~e Buliness Co~on ~w. The d~ fu su~ ~ ~ ~p~n a ~ su~ent ~o es~blith compli~ce ~ t~ ~e~ion. 7. CLOSING will ~c place at the o~ of General Se~ices Administration,John McCormack P.O. and Court House, ~os~n. Mass. ~ o~x , · ~ simultan~usly with the title closing between seller and GSA ~. This s~e includes ~l of SEL~R's o~ership ~d ~ghu, ff~y, th ~y ~d l~n8in ~e ~ of~y s~ or hish~y, opened or p~posed, in f~nt of or adjoining ~e P~I$~ m'~e cen~ line ~f. It ~ indude~ ~y Nght SELLER m ~y un~Sa~d by ~n ofany ~n8 by ~nSm~on ~or fur ~y~ m ~e ~MIS~ ~ fearn of ch~ge o[ ~e o[ ~y ~ or hi~y. ~E~R ~ deliv~ at n9 ~n~ ~at to PURGH~E~ CLOSING, or thete~er, on dem~d, ~y d~men~ whi~ PUROH~gR ~y ~ui~ to ~lle~ ~e a~ ~d d~ages. CLOS IN G si~ by the hold~ ofe~ ~ISTI NO MORTGAGE, in ~o~ for ~ing, ~ng ~e ~ount ~e unp~d p6n~p~ ~d int~est, ~te of mam~, ~d mm of in~st. more th~ ~i~ (~0) days ~fo~ CLOSING coaching ~e ~e in[om~on. SE~ER h~by sm~ ~ ~y I 1. a. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by any governmental depaxunent having authorit7 as to lands, housing, buildings, fire, health and labor conditions affecting the PREMISES at the date hereof. The PREMISES shall be transfer~d free of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with any authorizations necessary to make the searches th~ could disdose these matters: b. All obligations affecting the PREMISES, incurred pursuant to the Administmtiv~ Code of the Cily of New York prior to CLOSING and payable in money shall be discharged by SELLER at CLOSING. This provision shall survive CLOSING. 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in an nual ins~lments, a~d the first installment is then a lien, or ha~ been paid, then for the purposes of this contr~c~ all the unpaid installments shall be considered due and :u~ to be paid by SELLER at CLOSING. 13. The follo,win, g are t,o be ,ap~,p~.nioned as of midnight of the day before the day of CLOSING: 14. I f thete be a water meter on the PREMISES, SELLER shall furnish a reading to a date not more than thirty days before C LOSI N G date and the unfixed meter charge and sewer tent, if any. shall be apportioned On ~e baals of such last reading, IS. SELLER has thc option to credit PURCHASER as an adjustment of the purchase price with the amount or,my u.paid taxes, assessments, water charges and sewe4 rents, together with any interest and penalties thereon to a due nol less than five business days after CLOSING, provided that official bills therefor computed to s~id due are produced at CLOSING. . .... ...................... '16· I f thete is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSI NC, SELLER may use any portitin 'of the balance of the purchlL~ price to discharge it. As an alternative, SELLER may deposit money with the title insurance company employed by PURCHASER required by it to a~sure its discharge, but only it t he t ii lc ills U ran ce corn pan y will insure PURCHASER'S title clear of the matter or insure against its enforcement out of tile PREMISES. Upon request made within a reasonable time before CLOSING, PURCHASER agrees to provide ~eparate c~lified 5becks as requested to assist in cleating up these matters. ' I If a tide examination disclosesju~lgments, bankruptcies or odaer returns against persons having names the same Il as 'ilar lo that of SELLER, SELLER shall deliver a satisfactory detailed aflidavit at CLOSING sho~wing that they recording of thc deed, together with any required tax return. PU RCHA~ER ag~es to duly complete thc tax return and a cause the check{s) and th~ return to be delivered to the appropria~ omcer promp~ter CLOSING. 19. All money paid on ~ 0fth s contract, and the re~onable expenses of~n of the tide to the PREMISES and of any su~'ey and survey inspecffon chalk, es are hereby made liens on the plk'~llS~S and colleclable out of the PREM I SES. Such liens sha]l not continue after c~efault in performance of the contract by PURCHASER, 20. If SELLER is unable to transfer tide to PURCHAS£~ in accordance with this contract, SELLER'S sole liability shall be to refu nd all money paid on ar. cou m of this contract, plus all charg~ made for. {i} examining the fide, {ii} any appropriate additional searches made in accordance with this contract, and (iii) suntey and survey inspection charges. Upon such refund and paymeht thil contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further rights against the other. 21. PURCHASER has inspected the .bus d ngs on the pREMISFe. S and the personal property included in this :~ale and is thoroughly acquainted with the r cond tion. PURCHASER agrees to purchase them "as is" and in their present condition subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shah have the right, after reasonable notice to SELLER, to inspect them before CLOSING, 22. All prior understandings and ag~--emenu between SELLER and PURCHASER axe merged in this contract. It completely expresses their full agreement. It has been entered into after full investigation, neither party relying upon any statements made by anyone else that are not set forth in this contract. 23. This contract may not be changed or cancelled except in writing, The contract shall also apply to and bind the distributees, heirs, executors, administrators, succe~ors and assigns of the respective parties. ~ch of the parties hereby authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this 24. Any singular word or term herein shall'id$o be read as in the p ural whenever the sense of this contract may require it. In Presence Closing o f dfle under the within contract i~ hereby adjourned to 19 , at o'clock, at ; tide to be ~losed and all adjustments to be made as of Dated, For value received, the within contract a~d all the right, title and interest of the purchaser thereunder are hereby assigned, tran/ferced and set over unto and said assig~lee hereby assumes all obligations of thc purchaser thereunder. Dated, 19 TITLE NO. TITLE INgUBANCE . PREMISES TITLE INSURANCE / Zip No. RIDER Attached to Contract of Sale between the Town of Southold, as Seller and Paul D.,~artanian, as Purchaser, · . Dated /'.,/~ /~,, /~Ry 1. It is understood and agreed by the parties hereto tha! the Seller is not presently the owner of the premises described in the within contract, said premises being owned by the U. S. Government. That said premises, together with other U. S. Government owned premises at Fishers Island are being offered for sale by the U. S. Government orL a "Negotiated Sales" basis and that the Seller herein hasi submitted an offer to purchase the subject premises together with premises adjacent thereto and premises in the vicinity of the Fishers Island Ferry District Ferry Terminal. and that the U. S. Government has not at this time accepted the Seller's offer to purchase. That annexed hereto and made a part hereof is a copy of said offer to purchase. That by reason of the foregoing, it is agreed that this contract is subject to the seller's said offer to purchase being accepted by the U. S. Government and the Seller's acquisition of the premises which are described in said offer to purchase. This contract is further subject to all of the terms and conditions of said offer to purchase. The purchaser herein further agrees to accept such title as the seller acquires from the U. S. Coverr~ment. 2. It is further agreed between the parties hereto that the parties hereto contemplate that the closing of title herein will take place simultaneously with the title closing between the seller herein and the U. S. Government, whereby the seller will acquire title to the subject premises ~and other premises which are the subject of the annexed offer to purchase. 3. It is further, agreed and understood between the parties hereto that the parties contemplate that the seller herein intends to use the proceeds of this sale to apply tbwards the purchase by the Seller from the U. S. Government of the property which is the subject matter' of the annexed offer to purchase. It is therefore agreed that upon written demand by the seller herein, to the purchaser herein, that the purchaser shall pay the balance of the purchase price to the seller by certified check within ten days ~ ~--- ..... ~-~-~.~l-~-~-.~-.-.E--.~. Such sum to be held by the Town Attorney in escrow until title closing. TOWN OF SOUTHOLD of closing 3Lt& "~,. J (~) COUNTY OF SUFFOLK Jt~a, SOUTHOLD · o, J - _ ~ ~'JReaJ Property Tax Service AgencyJ~L~em -- OO9 PROPERTY MAP PEAL FROM DECISION TOWN OF SOUTHOLD, JILDING INSPECTOR APPEA~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, IWe).~o~n..of..S.~l,h~l~l. ............................... of ..../~.~.I,-rl-.B.~s.~ .................................................... Nome of A,opellar~ Str~ot ml~ Number . New York ~ERFBY Southold ................................................................. APPEAL TO .................................. '~i~'i~ality , State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 1/13/811 FOR: WHEREBY THE BUILDING INSPECTOR DENIED TO l.,~w.n ..~ f..~ 9uJ. b~l¢ ............................................ Nome of A,oDlicant for permit of M~ia ~.G~d SnuUn~ cl. ....... 19.~..Y.s~r .................. '., Street and Number Municipglil~ State (x) PERMIT TO USE and maintain property . { ) pERMIT FOR OCCUPANCY (X) pERMZT TO Jjg~g ' '' I LOCATION OF THE pROPERTY ..W.hI~.UgF..AY.~~.~..~.l.~..h~CLI.R!."..n...d. ..................................... Street ~ ~L~ml~t ?,one SCTM 1000-009-10-9 .................. OWNeR{S) t L~.S,,~.~gY~FDPI~rlt .......... Mad No Lot No, DATE pURCHASEDt 2 PROVISION (S) OF THE ZONING ORDINANCE AppEALED Ilndicote the Article Sectlon, Sub- section and Paragraph ~f the Zoning Ordinance bY number. Do not quote the Ordinance.) ~.~_t:±c__~e~jLl__z_.Decr_Lon 109-~1 B Art. V Sec. 100'-M Bulk $ Parklnq Schedule 3 TYPE OF APPEAL Appeal is made herewith (or (x) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Law Chop. 62 Cons Laws Art ~6 Sec 2BOA Subsection 3 4 PREVIOUS APPEAL A pcevious appeal ~ (has not) been mode with respect to this decision of the Duitding Inspector or with respect to this pro~oerty. Such crpcol was ( ) request for a special permit (x) P~it to divide pr~lae~ . REASON FOR APPEAL ( ) A Variance to Section 280A, Subsection 3 - ( ) A Variance lo the Zoning Ordinance - (x) Permission to ~l.[vide lot which will reault in reduced area and width r~quirement$. (Continue o~ other ~,ide) ~ STRICT APPLICATION OF THF. ZONING CODE will result in PRACTICAL DIFFICULTIES for the following reasons: 1. The premises which are the subject of this appeal are located on the north side of Whistler Avenue at Fishers Island, and comprises an area of approximately 1.4?cres of land upon which two brick dwelling buildings are erected, consisting of a one family dwelling on the westerly portion and a six family dwelling located on the easterly portion of the premises. The premises are and have been owned since World War I by the U.S. Government, and formed a part of former Fort 14. G. Wright. The premises are shown on the Suffolk County Tax Map as District 1000, Section 009, Block 10, Lot 9. The premises is located In the "A" Residential District; It abuts on the west premises located in the "M" Multiple Residence District; the premises to the South consists of the Fishers Island Airfield, zoned Business. All as shown on a portion of the zoning map annexed hereto. The pre~nises is bounded on the North and Wear by premises owned by the Fishers Island Union Free School District and used for multiple residence purposes by the School District. 2. In 1983, the General Services Administration (G.S.A.} of the U.S. Government offered the subject property, as well as a #.68 acre waterfront parcel for sale, and in September, the Town of Southold, on behalf of the Fishers Island Ferry District, submitted an offer to purchase both parcels at the following prices: Waterfront Parcel $#65, 000.00 Housing Parcel 230,000.00 Total On December 21, 1983, the G.S.A. accepted the Town's offer to purchase (annexed hereto is a copy of said offer to purchase and C.S.A?s acceptance thereof). 3. Under ~he terms of sale, G.S.A. requires that an offer to purchase must include the offer to purchase all of the property being offered for sale. The Fishers Island Ferry District will utilize the waterfront parcel for ferry traffic, parking and other Ferry District purposes. The total cost of the waterfront parcel will be provided by contributions from residents and property owners of Fishers Island. :' 4. With respect to the Housing Parcel, which is the subject of this Appeal, the Ferry District proposes to use the one family brick dwelling to provide housing for Ferry District personnel. The Ferry District has no use for the six f~mily brick dwelling located on the easterly portion of the premises. However, in order to acquire the one family dwelling, the Town must purchase the entire parcel'. The Town has entered into a contract with Paul D. Vartanian to sell the six family dwelling, together with 39,106 sq.£t, of land, for the sum of $150,765.00 {annexed hereto is a copy of said Contract of Sale). 5. The sale of the six family dwelling and land will require a division of the Housing parcel into two parcels, as shown o~ the annexed map dated Ju~e 14, 1983, prepared by Chandler, Palmer & King. Parcel "A" containing 22,029 sq.ft, will be retained by the Town of Southold, and Parcel "B" containing 39,106 sq.ft, will be sold to Paul D. Vartanian. 6. As previously stated, the subject parcel as well as all surrounding land comprised former Fort H. G. Wright, and the subject parcel, while owned and used the the u.S. Government, is not subject to the Town's Zoning Code. Also, since the subject premises have been continuously used for multiple dwelling purposes prior to the enactment of the Town's Zoning Code, said pr*emises and the use thereof constitutes a preexisting onformin9 use, which use m~y continue as a matter of'Paw. However. since the Town proposes to divide tho subject parcel Into two parcels, one of which will be conveyed to a non-governmental entity with an area of less than that required by the Zoning Code, an area variance will be required. 7. Appellant asserts that there exists practical difficulties which support the granting of area variances for the following reasons: (a) If the variance is granted, the effect thereof will not increase population resulting thereform since the multiple family dwelling has been and will continue to be used as a six family dwelling facility. The premises are served by communal sewer and water systems, and no increase demand of such facilities will result. (b) {c) (d) The premises located on the north side of Whistler Avenue located west of the subject premises Is zoned IIMae Multiple Residence and is used and occupied 'for multiple residence purposes. The School District property abutting the subject premises is also used and occupied for multiple residence purposes. Accordingly; the granting of the requested area and lot width requirements will not produce a change in the character of the neighborhood or produce a substantial detriment to adjoining properties. That the difficulty cannot be obviated by some method which might be feasible'to the Appellant other than by the grant of the variances kequeated herein. · · That the Bulk & Parking Schedule applicable to the "M" Light District requires a lot area of q0,000 sq. ft, and a lot width of 135 ft. The division proposed will result in Parcel "A" having an area of 22,029 or 55,07% of the required area, and a width of 110 ft. or 81.48% of the required width. Parcel "B" will have an area of 39,106 eq. ft, or 97.78% of the required lot area. It is submitted that the requested variances are not substantial, especially when compared with the lot ,areas and widths of all the other lots located en the north side of Whistler Avenue. (el That in view of the circumstances in which the difficulty arose, and considering all of the factors, it is respectfully asserted that the interests of justice will be served by granting the variances requested. WHEREFORE, for the reasons 'hereinbefore set forth, Appellant respectfully request that it be granted variances to subdivide the subject premises into two lots, with Parcel A having an area of 22,029 sq.ft, and a width of ll0 ft., and Parcel B having an area of 39,106 sq.ft., as shown on the map prepared by Chandler, Palmer g King, dated June 14, ]983. TOWN OF SOUTHOLD Robert W. Tasker, Town Attorney Sworn to before me this 24th day of January, 1984 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : TOWN QF SOUTHOLD : to the Board of Appeals of the Town of Southold TO: Fishers Island Union Free School District Fishers Island, New York 06390 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention*of the undersigned to petition th~ Board of Appeals of the Townof Southold to request a (Variance) (Spz~0~al~-~ceiXia~lc:~:ze,az~it~:x(~xxS~[X-~:~l~e~ · .' ,~ 2. That the propert~ which is the subject of the Petition is located adjacent to your pro~rty and is d~ cribed as follows: Northerly and Westerly b~ land of District; Easterly by ~que~trian ~v~nu~ and South~rly'b~ ~hi~tl~r~ Avenue, ~lnin~ 1.q acros. Suffolk Count7 Tax ~ap I00~00~-10~ ~nd ~ho~n on th~ ~nnexod t~x m~p - ~n yellow. ~. lh~t the property which i~ the ~ub}ect of ~u~h P~tition i~ Io~at~d in the followin8 ~oning district: "A" Re,idential e4. That by such Petition, the undersigned will request the following relief:Variance to divide o into two lots and convey easter~ly portion containing 39,106 sq.ft, to Paul D, Vartanlan $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under. signedare Arl~Lcle X ~ect~.c~l 10ff-~1 £ Article III ~tinn lnn-~I 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 76.5-t809, ' right to appear and be heard at such hearing. Dated: January 2u,. 198q 7. That before the relief sought may be granted, a public I~earing must be held on the matter by the' Board of Appeals; that a notice of such hearing must be published at least five days prior to the'date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representa.ti?~ have the TOWN OJ: SOUTHOLD .,~ ~/Petitioner ~,/ Post Office Address Southoldr New York 11971 NAM~ ~ROOF OF MAILING OF NOT~J~ ATTACH CERTIFIED MAIL RECEIPTR Fishers Island Union Free School District Fishers Island, New York 06390 STATE OF NEW YORK COUNTY OF SUFFOLK Ann M. Abate New York , residing at ,,.. 770 Moores Lane North. C;reenport. , being duly ~worn, deposes and says that on the 25th 'day of January ,198u, , deponent mailed a Irue copy of the NoHce set forth ~'n the re- verse side hereof, directed to each of the above-named persons al the addresses set opposite their r~spe,~tive; names; that the addresses set opposite the names of said persons.are the addresses of said persons as shown on the current assessment roil of the 'Eown of Soulhold; that said Notices were mailed at the United States Post Of. rice at Greenport: New Yo~'k (certified) (l~l~"li~d] mail. Sworn to b~fore me this day of I n ~.-~ ~.V Notary Puhlle Ann M. Abate J,~'- ~ *i: ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3212 Application Dated January 25, 1984 TO: Robert W. Tasker, Esq., as attorney for the Town of Southold 425 Main Street Greenport, NY 11944 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on March 2~ 1984 ~the above appeal wa~ considered, and the action indicated below was taken on your~ "l~%2.~i[c~lii~R~qu~st for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordin.ance Article , Section [X] Request for Variance to the Zoning Ordinance Article III, Section 100-31 and Article V, Section 100-51, Bulk and Parking Schedule [ ] Request for The public hearing on this application was also held on March 2, 1984. Upon application for PAUL D. VARTANIAN and the TOWN OF SOUTHOLD for a Variance to the Zoning Ordinance, Article V, Section 100-51 and Article III, Section 100-31, Bulk & Parking Schedule for approval of insufficient area and width of two proposed parcels, and fo~ permis- sion to continue use of multiple-dwelling residence on proposed Parcel "B" as exists. Premises: Whistler Avenue, Fishers Island, NY; County Tax Map Parcel ID No. 1000-009-10-9. The board made the following findings and determination: By this application, appellant proposes a division of approxi- mately 1.4 acres of land located on the north side of Whistler Avenue at Fishers Island. The division is a set-off of a parcel of land containing an area of .897 of an acre, or 39,106 sq. ft. with frontage along Whistler Avenue of approximately 312 feet, which is depicted as Parcel "B" on survey prepared June 14, 1983 by Chandler, palmer and King. The tract shown as Parcel "A" will contain an area of .506 of an acre, or 22,029 sq. ft. with 110' frontage along Whistler Avenue and will be retained by the Town of Southold for use by the Fishers Island Ferry District. Parcel "A" is not subject to the Town's Zoning Code. Existing on proposed Parcel "B" are a 25' by 25' accessory build- ing and a brick six-family dwelling, which has continuously been used as such prior to the enactment of the Zoning Code. Existing on Parcel "A" are a 20' by 25' accessory building and a brick one-family dwelling. The premises are served by communal sewer and water systems. The board members have personally visited the site in question and are familiar with the surrounding neighborhood. The entire premises in question are and have been owned.since World War I by the United States Government and formed a part of former Fort H. G. Wright. The premises on the westerly $~de are zoned "M" Multiple Residence and are owned by the Fishers Island Union Free School District. The premises to the south of Whistler Avenue is zoned "B-l" Business and consists of the Fishers Island Airfield. For the record it is noted that the following documents have (CONTINUED ON PAGE TWO) DATED: March 10, 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3212 Matter of PAUL VARTANIAN/TOWN OF SOUTHOLD Decision Rendered March 2, 1984 een filed suDDorting this application: (a) Letter of Acceptance Rated December-21, 1983 from the U.S. Government, General ~ervices Administration to the Town; (b) September 14, ~983 Offer to Pur- chase; (c) January 12, 1984 Contract of sale between the Town of Southold and Paul D. Vartanian. In considering this appeal, the board determines: (a) that in granting the relief requested, no adverse effects ~ill be produced on available governmental facilities of any increased population since the uses are not to be greater in number than exists; (b) that the abutting premises are also being used for multiple-dwelling purposes and therefore the relief requested will not produce a change in the character of the neighborhood or produce a substantial detriment to adjoining properties; (c) that the difficulty cannot be obviated by some method which might be feasible to appellant other than by the grant of this application; (d) the lot area of Parcel "A" will have 55.07% of the requirements of the Bulk Schedule applicable to the "M" Light District and 81.48% of the required width; the lot area of Parcel "B" will have 97.78% of the required 40,000 sq. ft. applicable to the "M" Light Multiple-Residence District, therefore the relief requested is not substantial, especially when compared with those parcels in the immediate neighborhood; (e) that the circumstances are unique; (f) that the relief requested will be in harmony with and promote the general purposes of' zoning; and (g) that the inter- ests of justice will be served by granting the relief requested. NOW, THEREFORE, on motion by Mr. Doyen, seconded by Mr. Goehringer, it is RESOLVED, that the application for PAUL D. VARTANIAN and the TOWN OF SO~THOLD, BE AND HEREBY IS'APPRO1rED AS APPLIED FOR in Appeal No. 3212. Location of Property: North side of Whistler Avenue, Fishers Island, NY; County Tax Map Parcel District 1000, Section 009, Block 10, Lot 009. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and sawicki. This resolution was unanimously adopted. /~ERARD P. GO~fHRING~, C March 12, 1984 / COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE £. KOPPELMAN Town of Southold Board of Appeals July 24, 1984 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Comfssion are considered to be a matter for local determination. A decision of local deter-zlnation should not be construed as either an approval or a disapproval. Applicant i Municipal File Number Patricia Stegner Paul D. Vartanian & The Town of Southold Henry & Dorothy St. George 3174 3212 3213 CGN:Jk' Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Southold Town Board of Appeals I~AIN RnAD- ~JTATE REIAD 25 513UTHI3LD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, ~t~c~e ~iis, ~ct~n I0~-~I ~rtlc~e , ec ion 00-5 ulk & P~rking Variance from Determination of Southold Town Building Inspector ~ Special Exception, Article , Section Special Permit Appeal No.: 3212 Applicant: PAUL D. VARTANIAN ~nd the TOWN OF SOUTHOLD Location of Affected Land: Whistler Ave., Fishers Island County Tax Map Item No.: 1000- 009-I0-9 Within 500 feet of: __ Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, Thruway __Boundary of Existing or Proposed County, State or Federally- Owned Land -- Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area ~ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. w~s gr~nted COMMENTS: Applicant ~~ permission to continue use of multiple-dwelling residence, ~nd for ~pprovml of insuff. ~re~ & width of two propnsed Darce~. Copies of Town file and related documents enclosed herewith for your review. Dated: July 20, I984 ~.~/~t~ ~, ///~L~ Temp. SecretaFy, Board of Appeals Southold Town Board of Appenls MAIN ROAD- STATE ROAD 2.5 ~OUTHnLD, l.l., N.Y. 11¢J'71 TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI March 12, 1984 Robert W. Tasker, Esq. 425 Main Street Gruenport, NY 11944 Re: Appeal No. 3212 Paul D. Vartanian/Town of Southold Dear Mr. Tasker: Attached hereto is a copy of the official findings and determination recently rendered and filed this date with the Office of the Town Clerk in the above matter. Yours very truly, Enclosure Copy of Decision to Building Department Planning Board Supervisor F.J. Murphy GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski HENRY E. ILAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCH1E LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 February 17,1984 TELEPHONE 765- 1938 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, NY 11944 Re: Set Off Fisher's Island Dear Mr. Tasker: The following action was taken by the Southold Town Planning Board, Bebruary 13, 1984. RESOLVED that the Southold Town Planning Board approve the set off of the Fishers Island Ferry District to be acquired by .the To~n of Southold, subject to th~ approval of the Zoning Board of Appeals. If you have any questions, please contact this office. cc: VAry truly.~our~ ~_ ~x ~ENRY E.~AYNOR, JR~C~AIRM~ SOUTHOLD TOWN PLANNING BOARD Zoning Board of Appeals2~iane M. Schultze, Secretary ? / JAMES F. DRUCK IlL Box . . ~o me ~0ning Ord~ce, Varmnce to the Zomng ~icleIlI,~Uonl~for ~n~o~ ~cle III, ~U~ 1~31, ~e ~, ~Uon 1~ 118 to alter and construct a~l~iUon to a nonconforming second dwelling exceeding 50~ of fair market value and leaving insufficient sideyards. Premises: 7015 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. eTO 4$ p.m. Application for~ L D. VARTANIAN and WN OF SOUTHOLD for la Variance to the Zoning ,Ordinance, Article V, Section ¥00-51 and Article III, Section [00-31,' Bulk & Parking ~chedule, for approvdl of luffieient area and width ofl ~wo proposed parcels, and for ~xmlsston to continue use of ~multiple-dwelting residence /on proposed Parcel "B" as ~ exists. Premises: Whistler [ Avenue, Fishers Island, NY; ?:~o p.m. Application for PATRIClA STEGNER. by Rudolph H. Bruer, Esq., Main Road, Southold, NY, for a Variance to the Zoning Ordin.o. ce, Article III, Section 100-31, and for approval of accel, New York Town Law Article 16, Section 280(A)[3], concernfng premises having ~ insufficient area and width/% /GNO~Li~AL,~OTI~CwE~..; - a.n,d located along the west .......... · ,~ox side of a -rtv-'- [( EN, pursuant to Sechon off the south side of Main ] 267 of the Town Law and the Bavview Road Sou*~-~a r VlSlOnS of the Amended Countv 'l~ax M.~ Co~J~e of .the .T.ow~. of Southold, N o. 10~0-;/8,,~--5' ~--n¢~ 1~.~ a llegular Meeting and the a'00 p m App~'tion of Zo-in ...... ' th;UT~w~O~l~l~p, pe~ls a.t Avenue, Valley Stream' So ..... ~j.., m~_n ~oaa, · ~1~, for a Variance to the ~01~. ~?:oll~nl, DA.Y' . .~l~g.. ~,.Al~icle III, ~Htc.ao o cioca ,p.m. aaa-as 'to coastruet doCS addition m. p'll&NE 81MEN and m'm~riv lira, at,,7~t-,~. GEe " ~ ~" '"' RGE SANBORN. ]~h,~ o.*,,~,~.._ NY _~ ~g~r. ~ g -- f .~ar~. County TaX Map Parcel No Marion, NY '' : -~' ~-? . · . . ii 0~ P.m./kPplicatton for 7:35 p.m. Applmahon for FRANC~ il, EPP, Birch HENRY AND DOROTHY ST. Road, ,~u~o'ld ~Y- for* a GEORGE, by Irving L Price Va~t~.,.,, ~,. ~.,~ ,~ - j · . ..-u.. .., .u,= z~oalng r., Esq., 828 Front Street, O~ltn~r~e ~,ticleTM reenport_, NY for a Variance 100-31 for , approval of approval of insufficient area 9~o .ne .p~..r~. 1 in this proposed tWd-lot private right-of-way ~f the nor~ s~e uf Oregon Road, ~tcho~e, NY; Co~ty Tax ~p P~ No. 1~2~. 8:20 p.m. Application for NORTH FORK BAPTIST C~CH. C.R. ~, Mat~ NY by G.L. Horton for a' Variance to the Zoning O~nce, ~cle III, ~fion 100-31 for permission to ~1~ ~ non~o~ on~ ga~y ~ w~ was ~e sublet of Appeal No. 31~, 9on~itionally approved on ~an~ ~, 1~, at ~m~ ~ocateo on the west side of Westphalia Road and the north side uf C.R. 48, ~at~toek, ~; Coun~ Tax ap Parcel No. 1~141-0~- 21.L For ~on the above matters, please con.ct ~ K~ at ~fi~ ~ ~ ~ of Ap~, Town N~. ~ld, ~; ~1. ~ an ~t ~ ~ a~ve matters may spear at the time and place specified h~. Da~: Feb~ H, 1~. BY O~ER OF ~ SO~HO~ TOWN GE~ P. ~N~INGER C~ COUNTY OF SUFFOLK } } ) SUSAN ~ ALLAN of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once eac~ week for one weeks successively, commencing on the ? ~ Yd dayof Yebruary 19 84 Principal Clerk Sworn to before me this 2 3 rd JOO]TH 4. CHIEN dayof February 19 84 NOTARY PUBLiC,State of New Y~rk No. 4796131. Suffolk County Term Exp,es Marc~ 30 ~9~ ~ ~ ' . NOTICE NOTICE IS HEREBy GIV- EN, pursuant to Section 267 of the Towu Law and the Provi- sions of the Amended Code of the Town of ~Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold, NY on FRIDAYt MARCH 2, 1984, commencing at 7:30 o'clock p.m. and as follows: 7:30 p.m. Recessed hearing of FRANK SIMON and GEORGE SA_~..~.~.Qg~. p,~cos- sory garage in ~rontyard area. 3955 Stars Road, East Marion, NY. 7:35 p~m. Application for HENRY AND DOROTHY ST. GEORGE. by Irving L. Price, Jr., Esq., 828 ~ront Street, Gse~port, NY for a Variance to the Zoning Ordinance, Article m, Sections 100-31 and 100-32 fot~ permission to cen- struct: (a) addition to dwelling reducing rem,yard s~b~k, (b) accessory gmg~ build/rig in the frontyard area ~ premises: ion, NY; i: Connty Tax Map Parcel Ne: 10~O-31-8-p~t of 12.5. 7:40 p.m, A~ of JAMES F. DRUCK IH, Box 355, Laurel, NY, for a Variance to the Zoning Ordinance, Article m, Section 100-31, Article XI, Section 100-118, to alter and construct addition to a nonconforming second dwelling exceeding 50% of fair market value and leaving insufficient sideyards. Pre- mises: 7015 Peconic Bay Bou- levard, Laurel, NY; County Tax Map Parcel No. 1000-126- m. Application for · VARTAN1AN and OF SOUTHOLD for ~ a Variance to the Zoning { Ordinance, Article V, Section [ 100-51 and Article 111, Section ] 100-31, Bulk & Parking Sched- ule, for approval of insufficient area and width of two propos- ed parcels, and for permission to continue use of multiple- dwelling residence on propos- ed Parcel "B" as exists. Premises: Whisti~r Avenue, Fishers Island, NY; County Tax Map Parcel iD No. 1000- 7:50 p.m. Application for PATRICI, A 5TEGNER, by Ru- dolph II. Rru~, F~q., Main Road, Seuthold, NY, for a Variance to the Zoning Ordin- ance, Article I11, Section 100- 3~., and for approval of a¢cese, New Yo~LTown ~cie loca£~t alonll the w~t side of a private ti~ht-of-wav off the COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ......................... ./. ............. weeks successively, commencing on the .............. .¥...~. ............... day of...-.~. ....... ..~..-~..~..~-. .................... ] 9.....~...c/ Swam to before me this .............. -~...3.....>~... ..... day of ........... ........... . John W. McCormack Post Office and Courthouse Boston, MA 02109 Date December 21, 1983 Reply to Attn of :iPD Subject:Fisher' s Island Southold, New York To .1-U-NY-404G 1-N-NY-404H 1-U-NY-404J 1-N-NY-404I Mr. William R. Pell III Supervisor Town of Southold P.O. Box 728 Southold, N.Y. 11971 We are pleased to inform you of the Government's acceptance of the Town's offer to purchase the Waterfront and Housing Tracts on Fisher's Island. As specified in your offer dated September 14, 1983, the sale price is $695,000. We received an earnest money deposit of $69,500 with the offer; the balance of $625,500 will be payable on closing the sale. Our Regional Counsel will contact you in the near future to arrange for the closing. ctor, Disposal Di ision ce of Public Buildings and Real Property OFFER TO PURCHASE Fishers Island, Southold, New York Navy Cove Area 1-N-NY-404I Coast Guard Warehouse I~U-NY-404G Coast Guard Station 1-U-NY-404J Navy Family Housing 1-N-NY-404H The Town of Southold, Main Road, Southold, New ?ork, hereinafter called the Purchase~, hereby offers to buy from the Un,ted States of America, hereinafter.called the Seller, the property described in the attached Schedule A for a sum of Six ~ Hundred Ninety-Five Thousand Dollars ($695,000). A certified check in the amount of Sixty-Nine Thousand Five Hundred Dollars ($69,500) made p.~ydble to the General Services Administration is herewith deposited as earnest money. This offer is made subject to the fol{owing, copies o~ which are attached hereto and made a Dart hereof: 1. Provisions of GSA Form 2041, General Terms Applfcable to Negotiated Sales, as amended; Provisions of a non-descrimination covenant substantially as set forth in Section 101-47.307-2(b) of the Federal Propert[ Hanagement Regulations (copy attached); 3. Excess Profits Clause; A statement by the PuzchaseX of acquire and the availability of property; the legal authority to funds to pay for the 5. Evidence of the authority of the person(s) signing the offer to act on behalf of the Purchaser. If this o[[~-~r is accepted, the Purchaser proposes to use the ?ropertv for t he following purposes: Housing J'ract Housing for Fishers Island Ferry District Personnel Waterfront Tract -- Fishers Island Ferry District parking & other Ferry Distrit. t uses Su}),mi~tc,,i ~,n this lU, th day o f Sep_t~e~m__be~L_l_9~83- Town of $outhold Title uate Se~otember lq, JJk~2k ................ Certified By ~7 d~,~ ;': Judith T. Terry Title Town Clerk 4. NOTICE OF ACCEPTANCE OR REJECTION. Notice by 5. CONTICACT. These General Terms Applicable to Nego- RESCISSION. ?. REVOCATION OF OFFER AND DEFAULT. Intblevent of revocation o! the oiler prtor to acceptance, or In the ev&nt of any default by the olferor in the performance o! the eon- ',;EHERAL TERIaS APPLICABLE TO NEGOTIATED SALES (Surplus Reol shall be relieved from lurther ti~bilit,', or w~thout forlettlng sen o[ any legal or equitable rlghls which it may h,tve under itl~all rlsk~ o[ loss or damage to the properly and ~ve all ~4) eft- advance of the r~ Of payment shall be applied obliptto v. Agreement the part and to a judgn u~rement to provide the'period of the ,,~ortgue ,tn ma] i'a'M.r tha-n 90- days alt;r accepta,,ce'o[ t;e oiler, 9r~ch long~ pett~ as may be a~reed u~n in wrii~n~/~der to the ~rnment the ~[ance of the ~rchase~tce 0[ a ~lh M~ or (ti a erst ~le) the oiferor~Ii ~y the ~lanee of t~wn ~yment. and SMII ex~te a~detlver to the ~vernm~t ~e instruments deser~d in 1{3). a~ve. and (u~lsh evince o[ insurance ~erage. U~n such tenet ~tng ~de~y the offero~the ~vern~nt shall d~ the offero~e inat~ent~strument$: of conveyance. In any ;e~ ~s~ess~ was~sum~ the o({eror prior ~ t~e of c~ance, the olferor iI~ll ~y, In a~tUon ~ ~purc~ee n~ney due, an an~Unt required ~ ~v* ~;f t~.o'~[.. h. The olt~~xes l~sed on this trane- action a~ ~~ own ex~n~a~ affix lnstrume~~ a~ securlty~u~nte such revenu~~mpn a~y be~quir~ by F~~~s ne~~ on ~eord m th~n- ~. OFFIC~8 ~ BE B~NE~T. Nomem~r of or dele~te ~ t~ Co~ell~ or resident com~s$toner~ IMll be ~tt~ ~ration {or tls g~neral ~nefit. 10. COVENANT AOM~T CONTINGENT FEES, The o[[eror such co~loston, ~rcenUge. brokerage, or contingent fee in addition to the consideration bare.th set forth. ~ts ~r- [1. ~ITLE: ~tthtn 60 days after acceptance of this offer, or such longer period as may here- after be agreed tn ~rtttng, Setter shall tender to Purchaser a good ~d sufficient ~eed to the property, ~ithout ~arranty, express or implied. Simultaneously ,tth delivery of such deed, Purchaser shat], pay to ':..tier the full pu:chase price. 12. The instrument of conveyance shall inch:de a non-discrimination covenant suhstaottd[[~ set for in the attached s~ple. 13, Sale closing will be held itl GSA's Oflxce of Regional Cofinsel, Room 805, John ~cCormack Post O~tce and Cour~ House Boston! Nassachusetts. ~ lOl.h7.'30?.2(b) NON-DISCRIK~A~XON COVENM{P (to be includes in lr~trument of conveyance) The Grantee covemants for itself, its heirs, successors, and assigns ~nd evex2 successor in interest to the property hersby conveyed, crazy pa~t thereof, that the said Qrs~%ee and such heirs, ~uccessore, and assigns shall not discri~inate upon the ba~ls of x~ce, color, religion, or national origin in the ,,-e, occupancy, Sale, or lease of the property, or in their employment practices conducted thereon. ~xis covenant shall not apply, however, to th~ lea~e or rental of a room or rooms within a f~..~ly dwelling uniti no~ shall it apply with respect to religion to premises used primarily for religious purposes. The United States of America shall be deemed a beneficia~y of this covenant without regard to whether it remaius.the owner of a~y land or interest therein in the loqality of the property hereby conveyed and shall have the sole right to enforce this covenant in ~ court of competent jurisdiction. Excess P~OFITS CLAU~E With respect to the real property described in Schedule A (the "subject properly") if at any time within a ~hrse-year period from the date of transfer of title by the Grantor, the Grantee shall sell or enter into agreements to sell (hereinafter referred to es a "disposition") in one transaction or series of transactions, it iS agreed that ell proceeds received or to be received from such disposition (whether received during the three-year period or thereafter) in excess of the Grantee's costs will be remitted to the Grantor. For purposes of this agreement the Grantee's costs shall include, but not be limited to, expenditures mede or incurred by Grantee on or with respect co the subject property, or which benefit the subject property, for the following: land acquisition: (2) property maintenance and insuran$e; (3) financing; (4) marketing and promOtion; (5) project administration; (6) physical development, including road construction, storm and sanitary sewer construction, other public facilities st utility constr~ction, building rehabilita- tion and demolition, lendscaping, grading and other ~ite or public improvements; and (7) planning, design and engineering services; provided, however, that the Grantee's costs will not include expenditures to the extent the same are defrayed by Federal Government grants. l;, the event that there shall be a disposition within such three- year period that consists of less than all-of the subject property, in determining whether the proceeds received at any time from such disposition ar,' in excess of the Grantee's costs approprlately allocable to the property which .~ the subject of such disposition, the total Grantee's cgsts incurred prior to the receipt of such proceeds shall, as may be appropriate and equitabl~, either be: (a) specifically allocated between the property which is the subject.of the dlspoeition and the remaindel of the subject property held by the Grantee, o~ (b) multiplied by a fraction the numerator of which is the area of the property which is the subject of the disposition and the denominator of which is the net developable area of the subject property, and the result allocated to the property which is' the subject of the disposition. This covenant will run with the land for a period of three (3) years from the date of conveyance. SCHEDULE A ?'[sher9 Island, Soutbold, New York WaterfroL~ Tract Suing those three parcels of land on Silver Eel gore, which total 4°52 acres of land sod improvementS, situated on Fishers Island, Town of Southold, County of SuffOlk, State of New York, mote particularly described as follows: N~avy Cove A~ea BeginniOg at a 3/S-imch square iron spike driven in the macadam pavement a distance of twenty-eight. ~nd five tenths (2g.5') feet in a Northeasterly direction from the Northwes~ corner of the Artillery Engineer &.Storehouse Building, and, One Hundred nineteen and no tenths (119.0') feet tm a Southerly direction from the West corner of the Firehouse Building, and Sixty-seven and three-tenths (67.3') feet in a Westerly direction from the South corner of the Firehouse building; said iron spike marking the East-Central corner of the property; from this point running South 39°- 00' West for a distance of ~wo a 3/B-inch iron rod set in Hundred sixty-one and four tenths (261,4~) fe~t to ~he macadam pavement; thence running North 51° 00' West a distance of Eighty-two and fifty-five one-hundredths (82.55') feet to anotaher 3/8 inch iron rod driven in the macadam pavement; thence running South 50° 33' West a distance of One hundred eight-two and seventy five one-hundredths (l$2.75') feet to a point; thence running Nort~ 49° 51' West a distance of Twenty-five and no tenths (25.00') feet to a point; thence running North 50° 33' East a distance of forty and no tenths (40.0') feet to a point; thence North 49° 51' West a distance of two hundred and no tenths (200~O') feet to a 3/S-inch iron rod set in macadam; · thence North 41° 09' East a distance of three hundred seventeen and two-tenths (317.2') feet to a 3/g-inch iron rod set; at the approximate high water mark of Fishers Island Sound; thence 'meandering along said high water mark on a course North 78© 22' 30" East a calculated, distance of one hundred ninety'one and seven one-hundredths (191.07') feet to a point; thence running south 320 30' East a dist~nce -*f two hundred fourteen and no tenths (214.0') feet to a point or place on April 15, 1953; of Beginning; all bearing referred to the magnetic meridian containing 2.87 acres more or less. BEGINNING at a 3/8-inch square iron spike driven in the macadam pavement a ,ii~ance ot TWEN'r¥-EIGilT AND FIV~-T'.NTHS (28o5~) FE~T in a Northeasterly direction lrom the Northwest corner of the Artillery En$ineer & Storehouse Building~ and, ONE IiUND~ED N~NE'[EEN AND NO TENTHS (119.0~) FElT in a Southerly direction from the ~est cor~e~ o~ the Firehouse Building~ and, SIXTY-SEVEN AND THREE-TENTHS (67.3) FEET in a ~est, rly direction from ~he South corner of ~he Firehouse Building; said iron ~pike markin~ ~he Northeast corner o~ the property; from this poin~ running South 51° 00 E, a distance ONE HUNDRED SEVENTEEN AND NINETY-ONE HUNDREDTHS (117.91~) FEET ~o a point, thence turnin8 and running ~outh 60o O0~ ~es~ for a dls~ance of THIRTY-SEVEN AND $IXTY-TI~O HUNDREDTHS (37.62~) FEET to a 3/S-in~a square deck spike driven in the m~¢ad~m pavemen~ of Tyler Lane; ~hence ~urning and running Sou~h ~est for a distance of T~O HUNDRED [~I~T¥-SIR AND NO TENTHS (236.0') FEET ~o a 3/8-inch square deck spike driven in the ~acade~ pavement; ~hence ~u£nlng and running North 51o 00' ~est a distance'of THIRTY-SEVEN AND FOUR-TENTHS (37.4~) FEET Co a 3/8-inch iron rod, ~ fee~ long, driven in the ~acadam pavement; ~hence turning and running North 39° O0; East a distance of TI~O. HUNDRED SIXT~-ONE AND FOUR-TENTHS FEET, Paralleling the ~esC side of ~he buildlng known as "Artillery Engineer &-Store- house Building", to the poin[ of BEGINNING; consisting of approxlmately FORTY-FIVE ONE-HUNDREDTHS (0.45) ACRES: all bearings referred to the magnetic meridian on 15th and 16th of Apri; 1952. Coar, t (;ua~d Si ,tion Area Beginning at a point on the northerly side of Tyler Lane; said point being N60°-OO'E a distance ot 31.62 from a 3/8 inch square iron spike driven into the macadam pavement; running thence the following courses and distances~ 51°-O0'w a distance of feet to a 3/8 inch square iron spike; thence N32°- '30'W a distance of 214.0 feet more . or less to the mean low water line of Fishers Island Sound; thence meandering along the mear~ low water line in a northeasterly direction a distance of 320 feet more or less to a 3/8 inch iron spike on the southerly side of the stone jetty; thence NSO O0'E a distance of 30.O feet to a 318 inch spike in the large boulder at the entranc~ of Silver Eel Cove Harbor; thence along the southerly entrance of Silver Eel Cove Jetty an the large boulder wharf line S40° 00'E a distance of ,~,1~$.5 feet to a point, thence S60° -00'~ a distance o[ 203.0 feet to a stake; theBce S30 -00'E a distance of 50.0 feet to a point; thence SBOo 00'~ a distance ~f feet to a point; thence S30°-O0'B distance of 118o0 feet to a point on the northerly side of Tyler Lane; thence S600 -0Oil4 a distance of 90.0 feet to the point or place and coordinates u[ be8inninR. Conta~n~n$ ~n all 1.2 acres more or less. Ail bearing are referred to the ~agnetic ~eridlan on the 15 - l'B April 1952. Excepting and reserving to the Government, an easement to establish, use and maintain underground telephone and utility lines within the limits of a twenty-five fo~t wide easement more particularly described as follows: Beginning at a point on the southeasterly side of the property line; said point being N6 O0'E a distance o[ 14.0 feet from a stake on ~he northeasterly corner oe the U.S. Coast Guard Station property to be'retained; running thence the following courses and distances: N30° 00'~ a distance of 19.0 feet t a point; thence NgO° 00"~ a distance of 58 feet to a poln~; thence N30~ -00'~ a distance of 85 feet more or less to the mean low water line of Fishers Island Sound; thence meandering easterly along s~id mean Iow water line 26.0 feet more or less to a point; said point being )n a line 25' perpendicular and parallel to the aforementioned northwest line; thence S30° 00'E a distance of 5~'~eet more or less ~o a point; said point being S3~o -O0'E a distance o[ 78.0 feet trom a stake located in the northwest corner of the U.S. Coasl Guard Station property to be retained and north a diamante of 48 feet from the northeast corner of the existing Station Building; thence N&?° -00'E 193.0 feet to a point on the large boulder wharf at the entrance of Silver Eel Cove Harbor; thence S~O° OO'E a distance of 25.03 feet to a poin~; thence S6?O 00'~ lS3.0 feet to a point; thence S$0° O0'E 39.0 feet to a point; thence S3Oo -00E 30.0 feet to a point ou the southeasterly property line; thence along said property line S60 O0'~ a distance of 25.0 feet to the point or place of beginning. All bearing and coordinate; are referred to the ~agnetic Heridian on the 15 - 16 April 19~. Puior to conveyance', the PurchaSer, at its expense, will b~ required to prepare a metes ~nd bounds survey of the ~aterfrontTract for recordation purposes. Housing Trac~ Be£n~ cwo parcels of land, which total 1.463 acres of land and improvements, situated on FLol~ers Isla.d, Town of Southold, County of Suffolk, State of New York, more particularly described as follows: Housin~ Beginning at a concrete monument on the Southerly line Equestrian Avenue, said monument being located 614.43 feet North of a point which is 4127.52 feet ~est of another monument ,~rking the U.S. Coast a~dGeode~ic Survey Triangulation Station "PROS"~,d ~hence r:,nning South 66° 42~ ~eet 231.0 feet to an iron; thence South 22° East 200.0 feet to an ironl thence North 670 13~ East 26&.55 feet to a drill hole in the sidewalk; thence North 43° 26' Bast 60,12 feet to a drill hole in said walk; thence North 28 19' Ea.t ~7.39 feet to the Southeasterly line of said Equestrian Avenue; thence atone said Avenue line South 79° 28' 15" ~est 103,45 to a monument; thence along the southwesterly Iine of said A~enue Horth 56o lot 50" ~est 113,17 feet to the point of beginning, Containing 1.39 acres~ more or less. Easement and Right of ~a] All that tract or parcel of land situated in the Town of Southold, Fishers bland, County of Suffolk, State of New York, being 16 feet in width over the existing roadway which is parallel to Whistler A~enue, the s~uthern line of said easement and right ~f way being a distance of 100~ - 7" from the iron post on the eastern Whistler Avenue boundary. Containing 0.073 acre more or less. The Purchaser understands thai'the Waterfront Tract and Housing Tract are located within six nautical air miles of the Elizabeth Airport and that the conveyance document will contain a provision requiring the Purchaser its assigns and successors, to , omply with the Regulations set forth in FAA idvisoryCircular 70/7460-2G entitled "Proposed Construction or Alteration of Objects that May Affect the Navigable Air Space". Subject to any e~ ,~me~tts~ encumbrances or restrictions of record. The above described Waterfront 'fract and Housing Tract are subject to the following: ao Any state of ~acts which a physical inspection and an accurate survey of the premises ma~ ,~sclose. ~y existing easements for public roads and highways, for public utilities, for railroads and pipelines and telephone agreements, if any. ,~,y covenants, conditions, restriction, reservations, easements, and rights- of way, if any, contained i~ instruments of record affecting said premises so far as the same may new be in force and effect. SOl~D · ,SILVER EEL POND LANDING RAMP AREA - 0.~' 3AC. °h5° PIER rio ~,2 PROPERTY OF RACE POINT CORP HARBOR DEFENSE AREA(~8~ LANDING RAMP AREA '/--/ou$ i,v~, POTENTIAL EM /OFF FAMILY HOUSING AREA' ~0 '~CAL. E. 'N FEe..? Parties. WARNING: NO REPRESENTATION IS MADE THAT TH IS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This conm~ct form does not provide for what happens itt the event of fire or c~sualty loss before the title closing. Unless different provision is made in this contract, Section 5-1 S 11 of the General Obligations Lawwill apply. One part of that law makes a purchaser responsible for fire and casualty loss upon taking of tide m or possession of~e premises. CONTRACT OF SALE made as of the /',,..,~ d'"~4/ day of BETWEEN TOWH OF SOUTHOLD , a municipa{/corporat~n of the State,of New York having its principal office at 53095 Main Road, Southold, New York hereinafter called "SELLER", who agrees to sell; and PAUL D. VARTANIAN 680 Fifth Avenue New York, New York lO019 Address: hereinafter called' "PURCHASER" : who agrees to buy the property, including all buildings and improvements thereon (the "PREMISES"), more fully described as, all that certain plot, piece or parcel of land, with the buildings and improvements thex~*gn erected, situate, lying and beingjgXfRat Fishers Island, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a monument on the Southwesterly line of Equestrian Avenue, located 610`.43 feet North of a point which is 0`127.52 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS" and running thence South 66 degrees 0`2 minutes 00 seconds West 121.00 feet to an iron pipe; thence S~uth 22 degrees 0`7 minutes 00 seconds East 200.99 feet, to an iron pipe on the Northwesterly line of Whistler Avenue; thence along said Avenue line on the following three courses: North 67 degrees 13 minutes 00 seconds East 150,. 55 feet to a drill hole in a sidewalk; North 0`3 degrees 26 minutes 00 seconds East 60.12 feet to a drill hole in a sidewalk and North 28 degrees 19 minutes 00 seconds East 97.39 feet to the Southeasterly line of said Equestrian Avenue; thence South 79 degrees 28 minutes 15 seconds West 103.0`5 feet along said Avenue line to a monument; thence North 56 degrees 10 minutes 50 seconds West 113.17 feet along said Avenue line to the monument at the point of beginning. Containing 39,106 sq. ft., more or less. TOGETHER with and subject to any existing rights for the use and maintenance of a sewer line crossing the above described premises and adjoining property. SUBJECT to rights of others to use and maintain the existing poles, overhead utilities and telephone lines and building on and crossing the above described premises. SUBJECT also to the rights of others to use, repair and maintain the existing right of way which crosses the above described tract. SUBJECT to the adoption and taking effect of a resolution adopted by the Town Board of the Town of Southold, subject to a permissive referendum authorizing this conveyance. SUBJECT to thee town of Southold not opposing any application for multiple dwelling use of above property. Also known as: Street Address: Tax Map Designation: /'~,~O --O~9--/~- ~ Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9. The sale also includes all fixtures and articles of personal property attacl~eO to m useU m co,,,,,.,.u,~- ~ ......... PREMISES, unless specifically excluded below. SELLER states that they are paid for and owned by SELLER free and clear of any lien other than the EXISTING MORTGAGE(S). They include but are not limited to plumbing, heating, lighting a~d cooking fixtures, bathroom and kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery, fencing, outdoor ~tatuary, tool sheds, dishwaShers, waShing machines, clothes dryers, garbage disposal units, ranges, refrigerators, freezers, air conditioning equipment and installatons, and wall to wall carpeting. Excluded from this sale are: Furniture and househOld furnishings, Purchase Price: Existing Mortgage(s): Acceptable Funds: .,$ublea to" 1. (a) The purchase price is $150,765.00 Payable as follows: On the signing of this contract,,by check subject to coliecti°n: $ 24,500.00 By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ -0- By a Purchase Money Note and Mortgage from PURCHASER (or assigns) to SELLER: $ -0- BALANCE AT CLOSING: $126,265.00 that it will remain subject to the prior lien of any EXISTING MORTGAGE even though th, ~s extended or modified in'good faith. The Purchase Mo~ey Note and Mortgage shall be drawn on the [ form ., recording of New York Board of Tide tln, derwriters by the attorney for SELLER· PURCHASER shall preparation. tax, recording fees and the attorney's fee in the amoum of $ (c) If any required payments are made on an EXISTING M£ and CLOSING which reduce the unpaid principal amount of an EXISTING MORTGAGE below the shown in paragraph 9, then Lt the amount shown in Paragraph 2 the balance of the price payable at CLOSING will be adjusted. SELLER a is r~hsonably correct and that only payments required ;by ; MORTGAGE will be made. (d) If there is a mortgage escrow account that ~ of paying taxes or insurance, etc. SELLER shall assign it to PURCHASER, if it ~vent PURCHASER shall pay the amount in the escrow account to SELLER at CLOSING· 2. The PREMISES will be conveyed subj, continuing lien of "EXISTING MORTGAGE(S) aS folio . and interest at the rate of per cent per Mortgage which include principal, presendy payable in installments of $ , interest, and with any balance ~f principal being due and payable on states that no EXISTING MORTGA~GE contains any provision that permits the holder of the to require its immediate payment in full or to change any other term thereof by re~.son of the fact of 3. All money payable under this contract unless otherwise spedfied, shall be either: a. Cash, but not over one thousanlt ($1,000.00) Dollars, b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company, or savings and loan association-having a banking office in the State of New York, payable to the order of SELLER, or to the order of PURCHASER and duly endorsed by PURCHASER (if an individual) to the order of SELLER in the presence of SELLER or SELLER'S attorney. . Money other than the purchase price, payable to SELLER at CLOSIN G, may be by check of PURCHASER up c. ($ 1,000. O0 ) dollars, or t() t l~e amount of d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. 4. The PREMISES are m be transferred subject to: a. Laws and governmentalregnlanons that affect the use and mantenance of the PREMISE,~, prowded dial are not violated by the buildings and impfovement~ erecsed on ~e PREMISES. b. Con~ents for the erection of.any structures on; under or above any s~eeu on which the PREMISES abut. c. Encroachments ol stoops, area~, cellar steps, trim and cornites, if at y, up<,n any street or highway. d.See Rider Attached litle Company 5. SELLER shall give and PURCHASER shall accept such title aS the seller acquires ,f, rom the U. $. am"tedrenn~rm~tnt, the presen,t, ~ ~ iiI ~ if $ II ¢io~ing Date and Place: Broker: and A~moit q' Unpaid Awards: Mongngee's Cemficate orLttttrasto Existing Mortgages(s): Compliance with State and and Orders: Property is not in t& city of tqo~ York.. Assessment: Ap~mems: Water Meter Readings: ~llo~anct for Use of Purchase Price Encumbrances: A~utauit as to Judgments, Bankrupto'es: 6. "CLOSING" meade setflemetu of the obligations of SELLEOd PURCHASER to each other under this contract, including tl1~yment of the purchase price to SEI.!.FR,~ the delivery to PURCHASER of,~a Bargain & Sale w/covenants deed in proper statutory form for recording so as to transfer full ownership (fee simple title) to the PREMISES, flee of all encumbrances except as herein stated. The deed will contain a covenant by SELLER as required by Section IS of the Lien Law. If SELLER is a corporation, it will deli{er to PURCHASER at the time of CLOSING (a) a resolution of its Board of Directors authorizing the sale and delivery of the deed, and (b) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that th~ transfer is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that section. 7. CLOSING will take place at the office of General Services Administration, John McCormack P.O. and Court House, .l~gs__tp_n_~ Mass. .o simultaneously with the title closing between seller and GSA 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale ~ than his sale includes all of SELLER s ownership and rights, if any, tn any land lying m the bed of any street or htghway, opened or proposed, in front of or adjoining the PREMISES to the center line thereoL It also includes any right of SELLER to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reason of change of gn'ade of any street or highway. SF_~LER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCHASER may require to collect the award and damages. 10. SELLER agrees to deliver to PURCHASER AT CLOSING, a certificate dated not more thah thirty (S0) days before CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording, certi~ing the amount of the unpaid principal and interest, date of maturity, and rate of interest. SELLER shall pay the fees for recording such certificate. If the holder of a mortgage is a bank or other institution as defined in Section 274-a, Real Property Law, it may, instead of the certificate, furnish an unqualified letter dated not more than thirty ($0) days before CLOSING containing the same information. SELLER hereby states that any EXISTING MORTGAGE will not be in default at the time of CLOSING. 11. a. SELLER will comply with all notes or notices of violations of law or munidpal ordinances, orders or requirements noted in or issued by any governmental department having authority as to lands, housing, buildings, fire, health and labor conditions affecting the PREMISES at the date hereof. The PREMISES shall be transferred free of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with any authorizations necessary to make the searches that could disclose these matters. b. All obligations affecting the PREMISES, incurred pursuant to the Administrative Code of the City of New York prior to CLOSING and payable in money shall be discharged by SELLER at CLOSING. This provision shall survive CLOSING. 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in annual installments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid ins~llments shall be considered due and are to be paid by SELLER at CLOSING. 13. The following are to be apportioned as of midnight of the day before the day of CLOSING: (; .... , ...... ¢.; .... .~ ~.r4 Z) a .......................... I ...........E2:.GTiNG :'., ORTG, ' .......... ~ .... ~- - ............................. r-----e, r ............... (d)'~-"--~a.~ca, water coarges'----- and sewer rents, on the basis of the fiscal period for which assessed. (e) .... , :c ..... ,~ ..... ,. CL-rg--, :c Z~7 If CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall ~e upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall survive CLOSING. 14. If there be a water meter on the PREMISES, SELLER shall furnish a rea'ding to a date not more than thirty days before CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last reading. 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amouot 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 [~ills therefor computed to said date are ~roduced at CLOSING. 16. If there is anything else affecting the sale which SELLER s obligated to pav and discharge at CLOSING, SELLER may ~iase any portion of the balance of the purchase price to discharge it. A~ an alternative, SELLER may deposit money with the title insurance company employed by PURCHASER required by it to assure its discharge. ~ut only if the tide insurance company will insure PURCHASER'S title clear of the matter o(insure against its enforcement ou( of the PREMISES. Upon request made within a reasonable time before CLOSING, PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. 17. Ifa title examination discloses judgments bankruptcies or other returns agaiost persons having nantes the same as or similar to that of SELLER, SELLER shall deliver a satisfactory detailed afl]davit at CLOSING showing that they are not against SELLER. J~' Taxes: and tint, rios o/ Condition Entire Ch~n~es Mmt Be In W~*ing: Singular atso Means Plural 18. ,x : ' ~tNG, SELLER shai , r a certified cfc: : , ~ble to the order ol the appropriate State, City or Count~ -Iihcr in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording ott he deed, together with any required tax return. PURCHASER agrees to duly complete the tax return and to cause the check(s) and the tax return to be delivered to the appropriate officer prompdy after CLOSING. 19. All money paid on account of thii contract, and the reasonable expenses of examination of the title to the PREMISES and of any survey and surveyinspectibn charges are he'by made liens On the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. 20. If SELLER is unable to transfer title to PURCHASER in accordance with this contrart, SELLER'S sole liability shall be to refund all money paid on account of this contract, plus all charges made for: (i) examining the title, (ii) any appropriale additional searches made in accordance with this contract, and (iii) survey and survey inspection charges. Upon such refund and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further rights against the other. 21. PURCHASER has inspected the buildings o.n' the pREMIsES and the personal property,i, nclud~d in this sale and is thoroughly acquainted with their condition.~URCHASER agrees to purchase them "as is and iii their present condition subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have the right, after reasonable notice to SELLER, to inspect them before CLOSING. 22. All prior understandings and agree?nents between SELLER and PURCHASER are merged fn this contract. It completely expresses their full agreement. It has been entered into after full investigation, neither party relying upon any statements made by anyone else that are not set forth in this contract. 23. This contract may not be changed 9r cancelled except in writing. The contract shall also apply to and bind the distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby authorize their attorneys to agree in writing to any changes in dates and time peri~ds provided for in this contract. 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may require it. In Presence Of.' T OWN O..F~5'O~T HO LD~s ~ By/, Paul D. Vartanian Closing of tide und~ ~e within Contra~ is hereby adjourned to 19 , at o'clock, at ' ; title to be closed and MI adjustments to be made ~ of ~ 19 Dated, Ig For v~ue receive, ~e ~in ~n~ ~d ~l the right, tide ~d interest of the purchaser thereunder ~e hereby ~si~ed, tr~sfe~ed ~d set over unto ~d s~d ~si~ hereby ~sumes ~1 obli~tions of ~e purch~er thereunder. Dated, 19 Purchaser Assgnee of Purchaser TITLE NO. To: PREMISES Section Block Lot. County or Town Street Numbered Address Recorded At Request of I~"],11~ TITLE INSURANCE Company of New York RETURN BY MAIL TO: Board of Titlo Underwriters Dlstrfbuted by TITLE INSUR/' ~E Company of New Yor~ Zip No. RIDER Attached to Contract of Sale between the Town of Southold, as Seller and Paul D. ~'artanian, as Purchaser, It is understood and agreed by the parties hereto that the Seller is not presently the owner of the premises described in the within contract, said premises being owned by the U. S. Government. That said premises, together with other U. S. Government owned premises at Fishers Island are being offered for sale by the U. S. Government on a "Negotiated Sales" basis and that the Seller herein has submitted an offer to purchase the subject premises together with premises adjacent thereto and premises in the vicinity of the Fishers Island Ferry District Ferry Terminal, and that the U. S. Government has not at this time accepted the Seller's offer to purchase. That annexed hereto and made a part hereof is a copy of said offer to purchase. That by reason of the foregoing, it is agreed that this contract is subject to the seller's said offer to purchase being accepted by the U. S. Government and the Seller's acquisition of the premises which are described in said offer to purchase. This contract is further subject to all of the terms and conditions of said offer to purchase. The purchaser herein further agrees to accept such title as the seller acquires from the U. S. Government. It is further agreed between the parties hereto that the parties hereto contemplate that the closing of title herein will take place simultaneou?y with the title closing between the seller herein and the U. S. Government, whereby the seller will acquire title to the subject premises and other premises which are the subject of the annexed offer to purchase. It is further agreed and understood between the parties hereto that the parties contemplate that the seller herein intends to use the proceeds of this sale to apply towards the purchase by the Seller from the U. S. Government of the property which is the subject matter of the annexed offer to purchase. It is therefore agreed that upon written demand by the seller herein, to the purchaser herein, that the purchaser shall pay the balance of the purchase price to the seller by certified check within ten days ~,~K)~,~,~'~l~r~]~l~lr, e~. Such sum to be held by the Town Attorney in escrow until title closing. of closing TOWN OF SOUTHOLD Paul D. Vartanian JUDITH T. TERRY TOV~N CLERK RE(ilSFRAR OF VITAL SI \IlfilICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD January 25, 1984 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3212 application of the Town of Southold for a variance. Also is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. Southold Town Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter OT the Petition of : TOWN OF $OUTHOLD : : to the Board of Appeals of the Town of Southold : TO: Fishers Island Union Free School District Fishers Island, New York 06390 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) 2. That the propert~ which is the subject of the Petition is located adjacent to your property and is des- cribedas follows: Northerly and Westerly b.v land of Fishers Island Union Free ~chnnl District; Easterly by Equestrian Avenue and Southerly by WhisUers Avenue, containinc~ 1.4 acres. Suffolk County Tax Map 1000-009-10~ and shown on the annexed tax map in yellow. 3. That the property which is the subject of such Petition is located in the following zoning district: "A" Residential 4. That by such Petition, the undersigned will request the following relief:Variance to divide into two lots and convey easterly portion containing 39,106 sq.ft, to Paul D. Vartanian 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare ~ticle X Section 101~-51 R Articl, III K,~tinn lflfl-~l 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road. Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-~809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: January 24, 1984~ TOWN CLF SOUTI-JOLD ~etit;o-ner Post Office Address M~In lan:aH Southold, New York 11971 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Fishers Island Union Free School District Fishers Island, New York 06390 STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: Ann M. Abate , residing at 770 Moores Lane North, Greenport, New York , being duly sworn, deposes and Says that on the 25th day of January ,1984 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at Greenport. New York (certified) (e~gis~'*~xl) mail. Sworn to before me this day of~, Notary Public Notic ere mailed to each of said persons by ;thatsaid ~j ~. ~ /~nn M. Abate IOI~IT W. TASKIE~ NO, AllY I'U~UC, Slate d N.Y. Ne, S'J-39337~S, ~. CatV..,t-'"~ TMm ~,xlnb~ bd~ 30, 190.,,h2 FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southo;d, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions This application must be filled in typewriter OR ink, and submitted in duplicate to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building· 5. Submit Planning Board approval of completed site plan requirements where applicable. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing"_ land uses: 1. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of bu ildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. Fees: 1. Certificate of occupancy $5.00 / 2. Certificate of occupancy on pre-existing dwelling/ land use 3. Copy of certificate of occupancy $1.00 --Pre-Existing C.O. $15.00 Vacant land C.O. $ 5.00 New Building ............. Old or Pre-existing Building .~....~ ..... Vacant Land ............. Location of Property .... ~/~/.~?~.~.C....~.~..~.~.~.?. ...... .~.~. ~J.~..~.s...~..~./~.~ ............ House No. Street Ham/et Owner or Owners of Property County Tax Map No. 1000 Section . .~,~. ~. ........ Block .... /.z~. ........ Lot... ~, ........... Subdivision ................................. Filed Map No ........... Lot No .............. Permit No ........... Date of Permit .......... Applicant ................................ . . Health Dept. Approval ........................ Labor Dept. Approval ........................ Underwriters Approval ........................ Planning Board Approval ,~'~/~/.~/.~'.~. ............ Request for Temporary Certificate ..................... Final Certificate . ~ .................. Fee Submitted $ ............................. Construction on above described building and permit meets all applicable codes and regulations. Applicant . .~'..o. ~..,~... ~..~.. ................................... SHORT ENVIRON~4ENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available inform~ation concerning the project and the likely impacts of the action· It is not expected that additional studles~ research or other investigations will be undertaken, (b) If any question has been answered Yes the project may be significant and a completed Envirorumental Assessment Form is ~ecessa~/. (c) If all questions have been answered No it is likely that this project is no.__~% significant, (d) Enviror~mental Assessment 1, Will project result in a large physical change to the project site or physically alter more than 10 acres of land? , · · · · · , , · Yes X No 2, Will there be a major change to any unique or unusual land form found on the site? · Yes X No 6. ?. 8. 10, 11, 12, 13. Will project alter or have a large effect on an existing body of water? . . . · . . Will project have a potentially large lmpac~ on groundwater quality? . . · . · · · · Will project significantly effect drainage fl~w on adjacent sites? · o o · · · · · Will project affect any threatened or endangered plant or animal species? · · · .... · Will project result in a major adverse effect on air quality? · , · · · · , · · Will project have a major effect on visual char- acter of the community or scenic views or vistas known t? be important to the community? · · · Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? . · · Will project have a major effect on existing or future recreational opportunities? Will project result in major traffic problems or cause a major effect to existing transportation Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . Will project have any impact on public health or Will project Affect %he existing community by directly causing a ~rcwth in permanent popula- tion of more than 5 percent over a one-year period o__r have a major negative effect on the character of the community Gr neighborhood?.. Is ~here public,~O~trcversy.,~ncernzng the project? 15. PREPARER'S REPRESE:ITING: Town of Southold DATE: , Yes ~ No Yes X No Yes X No Yes X No Yes X No X Yes No X Yes ---- No I Yes X No Yes X No Yes~X No Yes X No Yes X No Yes X No Southold Town Attorney January 24, 1984 QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. [ ] 2. [XI 3. [ ] 4. [ ] 5. [ ] 6. [ ] 7. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however° the following structure separates my property from this environ)mental area: [ ] 50' existing road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas, This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/water front area. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s). 10/831k $iWowolk Iron pipe FISHERS ISLAND UNION FREE SCHOOL DISTRICT $ 66° 42'00"vt HOUS£ PAR¢~_ "A "_ , AR~A = O. 506:Acrea PP. OP o:$q. , pola Bb pole 4 w 41P?. 82 polo RIG~T WAY SEWER \ LINE DWELL IN G OVERHEAD SEWER LINE U TI I I TIES DWELLING II0.00' N 67° /$'O0"E 154.55' drill halo in walk 'WHISTLER A VENUE RIGHTS FOR FISHERS ISLAND TELEPHONE COMPANY TO USE EX/STING BUILDING ~ EXISTING UNDERGROUND OR OVERHEAD CABLES nail NO rE - coordlnopo OI~ponoo$ Arm Mmo#urmO From U.S. cooS! And GoodeHo Surwy Trion§uloHon Spartan #PROs# PLAN OF PROPERTY TO OE cONVEYED To ~15b1~105 ISLANO F~RIPY OlSrRlcr WHISTLER AVENUE - FISHERS ISL SCALE: I#= PO H. 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