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HomeMy WebLinkAbout2766 TOWN OF $OUTHOLD, NEW YORK Appeal No. 2766 ACTION OF THE ZONING BOARD OF APPEALS by application Dated May 6, 1981 for Rehearing ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Gary Flanner Olsen, Esq. as attorney for Mrs. Rose Dansker Main Road, Box 38, Mattituck, NY 11952 Appellant at a meeting of the Zoning Board of Appeals on was considered and the action indicated beIow was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X~ Request for a variance to the Zoning Ordinance Art. III, ( ) October 28, 1981 the appeal Sec. 100-31 1. S~~F~a.X~lg~X~e~X~(~X~;~i~4~XaXspecial exception ( ) be gra~ed ( ) be de,ed pursuant to ~ticle .................... Section .................... Subsection .................... paragaph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed b~a~e Rehearing held 7/9/81: Application of Rose Dansker, 300 East 56th Street, Apt. M., New York, NY 10022 (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area and width of two proposed parcels located at Wells Road, Peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger; County Tax Map Item No. 1000-86-2-10 & 11. (SEE ATTACHED SHEETS) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because (SEE ATTACHED SHEETS) practical difficulties (b) The hardship created (is) ) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE ATTACHED SHEETS) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE ATTACHED SHEETS) (would not) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. CG: lk FORM ZB4 ZONING BOARD OF APPEAL8 Appeal No. 2766 - Rose Dansker Decision Rendered October 28, 1981 This is a rehearing of the appeal of Rose Dansker for an area variance. The history of the case is as follows: By application dated December 3, 1980 Appellant applied to this Board for an area variance. By decision of this Board approved on April 28, 1981, the appeal was denied for the reasons stated in the Board's decision. By letter application dated May 6, 1981, Appellant's attorney applied to this Board for a rehearing of this matter. By resolution of this Board adopted on May 22, 1981, such rehearing was unanimously approved. A rehearing was held on July 9, 1981 pursuant to due notice thereof. This Board's denial of the original appeal was predicated primarily upon the Suffolk County Department of Health Services' position that the westerly parcel (Lot No. 11) "may not meet ... minimum standards for new construction of a septic system and water supply." Upon rehearing of this appeal, Appellant presented evidence showing a substantial loss in value of the premises if the variance is not granted. However, the question of whether or not the Suffolk County Department of Health Services will approve of the water supply and septic system on the vacant lot (Lot No. 11) appears to be unresolved at the present time. In its letter to Appellant's attor- ney dated September 23, 1981, it stated: "As already indicated, the vacant parcel will have problems meeting our requirements for sewage and water supply. The problems will have to be resolved prior to approval to construct." Since this Board's original denial was primarily based upon the possibility that the vacant lot may not meet Suffolk County Health Services' requirements, and since such approval has not as yet been granted, this Board is of the opinion that although the Appellant has presented "dollars and cents" evi- dence to demonstrate practical difficulties, Appellant has not produced evidence that the requirements of the Health Services can be complied with. Lot No. 11 has an area of approximately 15,750 square feet with approximately 90 feet road frontage; Lot No. 10 has a preexisting one-family dwelling, an area of approximately 12,500 square feet and approximately 80 feet of road frontage. The lots to the east of the subject premises are Of similar size and shape. On motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the matter of Rose Danske~., Appeal No. 2766, for approval of insufficient area and width of two parcels, be granted, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the Appellant obtain approval by the Suffolk County Health Services Department of a sewage and water supply system for vacant lot No. 11 prior to any new construction on vacant lot No. 11; 2. That the owner of Lot #10 guarantee rights for a water easement to be located not closer than five feet to the northerly property line on the house lot (Lot #10) for use by the owner of the vacant lot (Lot #11), and that a copy of same be supplied to our office as early as possible; 3. That the Appellant obtain approval by the Southold Town Planning Board for this subdivision pursuant to its letter dated January 2, 1981; 4. That this matter be referred to the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter. 5. That the Building Inspector is hereby directed to RECEIVED AND FILED BY 1 Decision Rendered October 28, 1981 Appeal No. 2766 - Rose Dansker Southold Town Board of Appeals refrain from issuing either a building permit and/or certificate of occupancy until such conditions have been complied with. Location of Property: Wells Road, Peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger. County Tax Map Parcels No. 1000-86-2-10 & 11. Vote of the Board: Ayes: Messrs. Douglass, Goehringer, Sawicki and Grigonis. (Mr. Doyen, Fishers Island, was absent.) TO~YN OF SOUTHOLD, NEW YORK ACTION OF THE ZON~/G BO~D OF ~PE~S Appeal No. 2766 Application Dated Dece~er 3, 1980 ACTION OF T~ ZONING BOARD OF APPE~ OF ~E TO~ OF SO,HOLD To Gary Flanner Olsen, Esq. Attorney for Mrs. Rose Dansker Main Road, Mattituck, NY 11952 DATE .4./.28./.8.1 Appellant at a meeting of the Zoning Board of Appeals on Apr il 2, 1981, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III, Sec. ( ) 100-31 the appeal granted ( ) be denied pursuant to A~ticle .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed becanse Public Hearing: April 2, 1981: Application of Rose Dansker, 300 East 56th Street, Apt. M, New York, NY 10022 (by Gary Flanner Olsen, Esq. ) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two pro- posed parcels located at Wells Road, Peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger. County Tax Map Item No. 1000-86-2-10 and 11. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical hardship because difficulties or unnecessary (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested vartanee( ) be g~anted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPEALS FORM ZB4 The Board finds and determines as follows: This is an Appeal for a variance pursuant to Article III, Section 100-31 for approval of insufficient area and width of two proposed parcels located at Wells Road, Peconic, New York. Lot 10 designated as such on the Suffolk County Tax Map has erected thereon an one-family private dwelling. Lot 11 is vacant. The property was acquired by Appellant's husband at two different times. The house was acquired in 1957 and the vacant lot adjacent thereto in ~963. Title to both lots was taken in the name of Appellant's deceased husband, William Dansker. Lot 10 has an area of 16,000 square feet, and Lot 11 has an area of 17,500 square feet. Appellant's husband died in 1980 and under his will devised Lot 10 to his surviving spouse, Rose Dansker. The vacant Lot 11 was devised to the children of a former marriage. In 1971 the Zoning Code was amended to require a minimum size lot of 40,000 square feet. Accordingly, both lots were merged into one lot. At the hearing considerable testimony was given by property owners in the vicinity of the premises in question concerning the severe water problem. There is evidence of salt water intrusion as well as insufficient water supply during periods of draught. The Suffolk County Department of Health Services has advised this Board that Lot 11 may not meet the minimum standards for new construction of a septic system and a water supply system, and that the ground water quality in the area is marginal. In view of the foregoing, it is the opinion of this Board that to permit Lots 10 and 11 to be divided would lead to the intensification of the water problem which presently exists in the area. No evidence has been given to this Board of any attempt by the Appellant to either acquire title to Lot 11 or to attempt to have both lots sold to a single owner. It is the further opinion of this Board that the Appel- lant has not shown practical difficulties, and accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, the appeal is denied. Location of property: 3575 Wells Road, Peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger. County Tax Map Item No. 1000-86-2-10 and 11. Vote of the Board: Ayes: Messrs. Douglass, Goehringer and Sawicki. Messrs. Grigonis and Doyen abstained from vote. APPROVED · ~h~r~an Boar~J 6f .~als RECEIVED AND FILED BY T}iE SOU'£~i©LD TO¥'~N CLERK D Town Clerk, Town of Sc, ut}:old O O LEGAL NOTICE OF HEARINGS 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 Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, July 9, 1981 commencing at 7:15 p.m. and as follows: 7:15 p.m. Application of Amelia Vaskelis, P.O. Box 522, Southold, NY for a Variance to the Zoning Ordinance, Art. III, / Sec. 100-31 for permission to construct dwelling with insufficient rear yard area at the corner of Jernick Lane & Oaklawn Avenue, Southold, NY; also known as Harvest Homes Estates Subd. Filed Map #5337 Lot 22; County Tax Map Item No. 1000-70-3-16. (c/o Inland Homes, Box 117, Mattituck, NY). 7:25 p.m. Application of Tom Crowle¥ & wife, 745 Cedar Drive, East Marioh, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct addition to dwelling with insufficient side yard area at 745 Cedar Drive, East Marion, NY; bounded north by Reich; west by Cedar Drive; south by Kapassas; east by Vasquez and Frumenti; County Tax Map Item No. 1000-22-2-42. (by Peter R. Stoutenburgh as agent). 7:35 p.m. Application of Frank A. Battel, c/o Municipal Building, Teterboro, New Jersey (by Richard J. Cron as attorney) for a Variance to the Zoning Ordinance Art. III, Sec. 100-31 for approval of insufficient area and/or width of five proposed parcels known as Shorecrest ~Subd. Filed Map # 5584, Lots 10,11, 12,13 & 14; also known'as south side of Bayberrry Lane, Greenport, NY; County Tax Map Item No. 1000-52-3-15,16,17,18,19. 7:45 p.m. Application of James R. Giambalvo, 72 Columbia Road, Rockville Centre, NY (by Richard J. Cron as attorney) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to divide property into Minor Subdivision of four lots and approval of insufficient frontage of Lot #1 of said lots at east side of Indian Neck Lane, Peconic, NY; bounded north by Schlumpf; west by Indian Neck Lane ; south by Pontino and Harvey; east by Richmond Creek; Caunty Tax Map Item No. 1000-86-5-9. 7:55 p.m2 Application of James Cooper, 865 Love Lane, Mattituck, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct deck addition to dwelling at 865 Love Lane, Mattituck, NY; bounded north by Love Lane; west by County Road 48; south by Bell Est.; east by Ashton; County Tax Map Item No. 1000-141-3-26. Page 2 - Board of A~peals Regular Meeting of July 9, 1981 legal adv. 8:05 p.m. Application of Phebe M. Bridge Estate, (Robert W. Gillispie, III, P.O. Box 1112, Southold, NY as agent) for a Variance to Section 280A Subsection 3 of the Town Law and Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area of proposed parcel #1, approval of insufficient area and width of proposed parcel #2, approval of access of proposed parcel #3 of three proposed parcels at south side of Main Road, Southold, NY (R-O-W off south side of Main Rd, west of boundary to Burns Real Estate); bounded north by Dubovick, Hagerman, Town of Southold, Burns and State Road 25; west by Schneider; south by Bridge; east by Cummings, Scott and Methodist Church; County Tax Map Item No. 1000-61-4-2, 9. 8:20 p.m. Application of Colonial Corners, Inc.,.Main Road, Southold (William B. Smith, 220 Mechanic Street, Southold, NY as agent) for a Variance to the Zoning Ordinance, Art. VII, Sec. 100-71 for approval of insufficient area and yard set back of two proposed parcels at south side of Main Road, Southold (east parcel to Dubovick), NY; bounded north by State Road 25; west by Dubovick; south & east by Methodist Church; County Tax Map Item No. 1000-61-4-7. 8:30 p.m. Application of David L. Mudd, North Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 A & C, 100-32 for permission to construct accessory shed with insufficient side & rear yard setbacks at property located on the north side of C.R. 48, Southold; bounded north by Lieblein; west by Doroski; south by C.R. 48; east by Morris, Aliano and Latham; County Tax Map Item No. 1000-59-9-28. 8:40 P.m. Application 9f Mark & Frances C. Squires, 88B Vanston Road, Cutchogue, NY for a Variance to the Zoning Ord- inance, Art. III, Sec. 100-~5 for permission to extend existing fence (6 feet high) into frontyard area at 2495 Vanston Road, Cutchogue, NY; Nassau Point Subd. Filed Map #806, LOt 357; County Tax Map Item No. 1000-111-6-6. ~ 8:55 p.m. REHEARING of application-Rose Dansker, 300 East 56th Street, Apt. M., New York, NY 10022 (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two proposed parcels located at Wells Road, Peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger. County Tax Map Item No. 1000-86-2-10 & 11. June 26, 1981. Dated: BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, July 2, 1981 and forward 10 affidavits of publication to: Board of Appeals, Town Hall, Main Rd., Southold, NY 11971, as soon as possible. NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL returned herewith and disapproved on the following grounds .:~.~. .... ~ .....~...Z~~ Building Inspector O TOWN OF $OUTHOLD, NEW YORK '4 ~-r'WHEREBY THE BUILDING INSPECTOR'DENIED~TO' ~"~ ......... Qse..Dar s . ........................................... Name of Applicont for permit of APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. TO THE Z~N[NG BOARDtofA~P~ALS ~0WN OF ~O~H . Y. ......... = Name; of Appellom ...... , S~eer and Numar-- -. ' .... Mdnicip61ity ~ - State THE ZONING BOARD OF APPEALS FROM-~E ~CISI~ OF THE BUILDING INSPECTOR ON ................... ~ ................ ~.~ ( ) ( ) (~ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY VARIANCE Map No. Lot No. 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.) ~rt~ele TTT R~_~.~inn 1 DD-.~I 8_~ _~,,l~r Sched,l!e 3. TYPE OF APPEAL Appeal is mode herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ~ .- ( ..)~ A VARIANCE ~e ~tb rack of a~.ce~s (Stcrte 'of New York Town Law Chap. 62 Cons. Laws Art. ~1~) Seci ~_80A'~ubseCtion 3 4. PREVIOUS APPEAL A previous appeal ~has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) (x) ( ) is requested for the reason that REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zonir~gO~dihand'e~ l~orm ZBI (Continue on other side) REASON FOR APPEAL O .Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- "' sor~ HARDSHIP because Applicant is the widow of William Dansker, who died on March 30, 1980. William Dansker took title to two parcels of property on V/ells Road in Pecon- ic intwo separate deeds. Parcel 1, upon which there is a one story frame house, was conveY~Pto ~Wllliam~' Dransker~ bY Berth~ Picinich by a Dee~ d~te~d-J~aflUary 10, 1957, re - corded in Liber 4241. Page 439. Parcel 2 was conveyed to V/illiam Dansker by Joseph R. Nahon by a Deed d~ted. October 3, 1963, recorded in Liber 5429-P~age 438. Pursuant to the Last V/illland Testament of V/illiam Dansker, which was admitted to probate by the Surrogate ts Court of New York County, on May 13, 1980, Parcel 1 with the house, was bequeathed to the Applicant, Rose Dansker, the widow of V/illiam Danskero The vacan; parcel (Parcel 2) was bequeathed to the issue of V/illiam Danskero Due to the fact that both parcels were taken in the name of William Dsnsker, although &t different times, and by separate Deeds, there is s merger of title requiring the necessity of this Variance. , .... ~ ~ ~ ~ 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the Applicant, Rose Dansker, is under C~)ntraet~ tc~.sel~.l~a~cel 1.,~ up0n~whieh i$~located~a house. She is unable to also convey the Vacant parcel due to the fact that l~he was not bequeathed same by her deceased hus- band. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE ;THE CHARACTER OF THE DISTRICT because the parcels to be created would be generally in keeping with the size and shape of other parcels within the neighborhoor]. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) SS Rose Da~ ~ Gary F~nner S~gnature Olsen, Esq. Sworn to this ............... 2nd ........................ day of...Elece.mb.er ................................. 19 80. CHERIE LYNN RUSSELL NOTARY PUBLIC, State of I',~ew York Suffolk County - 5Z-~.~ cu46 l;omrniss~on Exp,res March 3U, 19..~..~ {-LX,,%% lO00 BLOC~ 01o.~%c CONSULT YOUR LAWYER IEF~,',~T~$IGNIN~-T~:?~RU~INT.., THIS IN..STRb. :/'~$HOULD l! U$1D I¥ l.~WYllS ONL~ ]75 ," ' · ' ........... , 115 11 ~t~N'~~adethe ~ dayof November , nlneteefi hundred and Eighty-one BE~EEN ROSE DANSKER, as deviser under ~e I~st Will and Testament of W~am Dansker, 'Deceased, residing at 300 East 56th Street, Apt. M, ~ New York, New York 10022 party of the first part. and JOSEPII CASTELLI and MARIE CASTELLI, his wife, both residing at 36 Massapequa Avenue. Massapequa, New York 11758 ·,'-':" rT. ,..,. SECTION BLOCK " LOT : 12 17 21 2 :~ pa~y of the second pa~, WI~SE~ that the party of the first part, in conside~tion of .................. ......... TEN and 00/100 ($10.00) ................ dollars. lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the ~arty of the second part, the heirs or successors and assigns of the party ,of the second part forever, ALL that certain plot, piece or parcel of hnd, with the buildings and imprOvements thereon erected, situate, lying and being il~ at Peconie, Town of Sou. thold, Suffolk County, New York, more particularly bounded and described as follows: BEGINNING at a stake set in the Easterly line of Wells Road distant 3525.54 feet Southerly measured along the Easterly line of Wells Road from the corner formed by the intersection of the Easterly line of Wells Road with the Southerly line of Main Road, said point of beginning being the Southwesterly corner of land conveyed to Henry C. Krueger Jr., and running thence along said land conveyed to Krueger South 69 degrees 29 minutes 40 seconds East a distance of 159.57 feet to the ordinary high water mark of Richmond Creek; running thence in a Southwesterly direction along said ordinary high water mark of Richmond Creek on a tie line South 29 degrees 12 minutes 00 seconds West 128.56 feet; running thence along land now or formerly of Dansker North 51 degrees 44 minutes 00 seconds West a distance of 160 feet to a stake set in the Easterly line of Wells Road; running thence North along said Easterly line of Wells Road on a curve to the left (having a radius of 256.60 feet) a distance along said curve"of 79.54 feet to the point or place of BEGINNING. SUBJECT TO an easement, which the grantor hereby establishes, in favor of the contiguous parcel to the West bearing Suffolk County Tax Map Number District 1000, Section 86, Block 2, Lot 11. Said easement is strictly to enable the owners of said contiguous parcel to install and maintain, at their own cost and expense, a Well and water line, if required by the Suffolk County Department of Health Services to obtain potable water and it shall be the responsibility of said contiguous lot owners to restore the subject premises back to its original condition. Said easement is five feet (5') itl width running parallel to Wells Road across the subject premises with the northerly line of $aid easement five feet (5') inside the Northerly property line from Wells Road. · 11541 -' ;,L(;EIVED ~ ..... Z,.'?../....~..... R~AI. ESTATE NO¥ 18 1981 SUFFOLK COUNTY ARTHUR J. FELICE TOGE~ER with all right, title and interest, if any, of the party of the first part in and toany streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part'in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. party of the first part covenants that the party of the first part has not done or suffered anything s:,,have been incumbered in any way whatever, .except as aforesaid. in compliance with Section 13 'of the i : consideration .for this conveyance and will a"~st fund tO ~ a'Pplied first for the purpose of paying the cost of the improvement and WilI 'aPply payment of the cost of the improvement before using any part of the total of the same for "party" shallbe~"construed as if it read "parties" whenever the sense of this indenture so requires. WHEREOF, the party of the first part has duly executed this deed the day and year first above (Rose Dansker) STATE OF NEW YORK, COUNTY OF ST.~G"C),L,~ ss: On the day of November 1981 , before me personally came RC)~ DANSKEB to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that nhe executed t~e same. STATE OF NEW YORK, e-~JNTY OP On the day of personnlly came 19 , before ~ to me known to be the individual described in and who executed the foregoing instrument, and aclmowledged that executed the same. STATi Oil NIEW yORK, COUNTY Olll. ' SS: On the of 19 , before me personally came ~ to me known, who, bein~ by me duly sworn, did depose and say that he resides at ; he is (he'. '~ ,'( ' '?~?: '~<'": ~<'"':: , the c~ration described instrument; that . he the seal aflLxed ; that 'it was so said corpora° ,-/he sign~ h ~- name. thereto by like order. largain 6ale il,e_ei WITH CO~/ENANT AGAINST GRANTOR S ACTS TITLZ NO, ~ql~tL~iS~J dj 8008-:'03S90 D~NSKER TO CASTELLI ~ IF NEW ~1~ NMI W TITLE ImIEIWIITEIS Di:tributed by CHIC&GO TITi~B INfs~JIL&MCm COMPANY STATE OF NEW YORK, COUNTY OP On the day o/ personally came the subscribin~ witness whom ! am sworn, did described in and who that" ~he, execute the same;~and that at the~same time subscribed SS: 19 me SECTION BLOCK LOT COUNTY OR TOWN CHICAGO TITLE INSURAN41~. Return by Jd~fl ~o Ludwig J. Abruzzo. Esq. 434 New York Avenue FIuntington, New York 117411 Zip NO. APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD-STATE ROAD 2,5 SOUTHOLD, L.I., N.Y. 11~71 TELEPHONE (516) 765-1809 December 8, 1981 Mrs. Adele Groben 3705 Wells Road Peconic, NY 11958 Re: Appeal No. 2766 - Application of Rose Dansker Dear Mrs. Groben: Please find enclosed copy of correspondence received by this board from the Suffolk County Department of Health Services regarding the appeal application of Rose Dansker. This photocopy is being sent to you as per our recent telephone conversation. Yours very truly, CG:lk Enclosure CHARLES GRIGONIS, JR. CHAIRMAN COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE: £. KOPPELMAN DIRECTOR OF PLANNING Town of Southold Board oX Appeals Applicant: Mun. File No.: S.C.P.D. File No.: Rose Dansker 2766 SD-81-12 November 4, 1981 Gentlemen: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Comments: Subject to compliance with requirements setforth by the Suffolk County Department of Health Services. GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning by. Ge.rald G. Newman Chief Planner · HAUPPAUGE, I.. I., NEW YORK · Southold Town Board o£Appeals MAIN ROAD- STATE RI]AD 25 SDUTHOLD, L.I., N.Y. 119'71 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: ~_~Variance from the Zoning Code, Article IIi , Section 100-31 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No.: 27~6 Applicant: Rose Danske~ Location of Affected Land: %fells Road~ Peconic County Tax Map Item No.: 1000- G6-2-10 & 11 Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) Rickmond C~eek 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. COMMENTS: Applicant is requesting~p~m~,~OIKA~O~ approval of ~nsu~ficient 7/9/81. At a mee~in~ he%d 10/28/81, spplics.n~ was gran~ed a ~rariance St!b~ec~ ~n conditions. Co?]~ of d. eo~s~on ~.s ~aloa~d. - Copies of Town file and related documents enclosed herewith for your review. Dated: October 30, 1981 Secretary, Board of. App~~ea GARY FlaNNER OLSEN COUNSELLOR AT LAW P. O. bOX 38 - MAIN ROAD - MATTITUCK, LONG ISLAND, NEW YORK 11t)52 - PHONE 516 ~.98-4844 November 12. 1981 Re: ~~ ~-~ Castelli File ~r-2915 [~r~elosed please find application for the above certificate of occupancy to£'ether wi~.~,L my attorney's check in ~he amount of $5.00. Also enclosed is a copy of the Deed to be executed by L,rs. Dansker which es~ablishe~ am easeme~,:~ in factor of the adjoining parcel as required by the Soughs.I<{ 2',oning ~r4 of Appea~ in its decision of Ap~al ~ 27~5. Very GFO/ra ~!~outhold Town ~uildit~2-::.',e~>~:. Mai~:~ ,'~outhol~, New 'York i{1C, 7! CCI HENRY E. RAYNOR, Jr,, Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. 0 P D T ~ LD Southold, N.Y. 11971 TELEPHONE 765- 1938 Novembe'~ 10, 1981 Mr. George Fisher Sr. Building Inspec%or Southold Town Hall Southold, New York 11971 Dear Mr. Fisher: At a regular meeting of the Southold Town Planning Board, Monday November 9, 1981 the following action was taken: RESOLVED that the subdivision entitled "Rose Dansker", located at Peconic, be processed as a "set-off" 106-13. Yours very truly, HENRY E. RAYNOR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secret~-r~ cc: Board of Appeals~/ Gary Flanner Olsen, Esq. APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKI Southold Town Board o£Appeals MAIN ROAD-STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 TO: FROM: DATE: SUBJECT: Southold Town .Planning Board Southold Town Board of Appeals October 29, 1981 Appeal No. 2766 - Rose Dansker Location of Property: Wells Road, Peconic Gentlemen: Attached herewith is a copy of the Board of Appeals' decision rendered yesterday, October 28th concerning this property. Also attached is a copy of your January 2, 1981 letter requir- ing this matter to follow the subdivision procedures of the Code in the event the variance is granted. Gary Flanner Olsen, Esq. represents Mrs. Dansker and has advised that he has made application previously to the Planning Board and would greatly appreciate this matter being placed on your November 9, 1981 agenda. Yours very truly, CHARLES GR'IGONIS, JR. CHAIRMAN CG:lk Enclosures · Southold Town Board Appeals -26- JUly~ 9, 1981 MEMBER GOEHRINGER: Second. On motion by Mr. Grigonis, seconded by Mr. Coehringer, it was RESOLVED, that the hearing be declared closed, Appeal 284~. Vote of the Board: Ayes: Goehringer, and Sawicki. Messrs. GrigQ~is, Doyen, Douglass, PUBLIC REHEARING: Appeal No. 2766. Application of Rose Dansker, 300 East 56th Street, Apt. M., New York~ ~ 10022 (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Art.. III, Sec. 100- 31 for approval of insufficient area and width of two proposed oarcels located at Wells Road, Peconic, NY; bounded north by WelIs Road~ west by Groben; south by Richmond Creek; east by Krueger. County Tax Map Item No. 1000-86-2-10 & 11. MR. CHAIRMAN: The next item on the agenda is appeal number 2766, on behalf of, this is a rehearing. Could I dispense'with reading some of these legal notices? AL~H05~ TOHILL: Wonderful. 5~q. CHAIRM~_N: Thank you very much. The Board members discussed a new development concertning the appeal of Rose Dansker with Authony Tohill, who was representing Rose Dansker. A Certificate of Occupancy issued to the dwelling had be~n discovered, and its relationship to this appeal was considered. The'C. of O. had been issued on April 17, 1981 and was reviewed at this time.~ The speakers were not speaking through the chair and not all statements could be heard in context.. For this reason, a verbatim transcription was not possible. ~. CHAIrmAN (Addressing members of.the audience): This.is something that Came up today just a few hours ago, so we were discussing it with the attorney here. Would you use the microphone, oh, you're going to read it? ANTHONY TOHILL: No, no. Good evening, Mr'. Chairman, Mr~ Secretary, Miss Secretary, and members of the Board. Knowing that the Chairman occasionally had indigestion, and that Mr. Goehringer has nothing to do this summer, and that Mr. Doyen has a long ride back home, and that Mr. Douglass needs something to read out in the boat in the morning, and Mr. Sawicki is looking for something to start the ~ire with here.. '(Each Board member received a copy of an affidavit prepared byMr. Tohill.) MEMBER GOEHRINGER: Tohill? We're going to read this in five minutes, Mr. ANTHONY TOHILL: I have preoared an affidavit which attaches to it the history of the case so that each of you has in one Olace something that you can look at that will refresh your recollection of what lhas ~outhold Town Boar~ Appeals -27- Juiy 9, 1981 '(ANTHOR~ TOHILL, C0~.): occured in this particular Dansker matter. Over the oast two or three months, I guess now, the' effort also is ex- pressed in an orgainized form, the applicant's position with respect, to the Catch 22 in which she finds herself. You'll note that I have reviewed in that affidavit a family situation, the Dansker family situation,, and I will leave it to the affidavit as to how that situation stands after nine weeks of my personal efforts to get some movement in resolving the situation. I have failed completely, and I haven't had to admit com, plete failure too many times working as hard as I have on a project .of that. But I have failed completely to get any results of any kind. The affidavit also refers to the absence of bad faith, I hope the presence of good faith but what I'm dealing with here is the good faith or the bad faith of a man whom I never knew and who is deceased-but I have put it in there because Bob Tasker raised it, I found it an intriguing point; I had never had to deal with it before, and so I covered it as best that I could. I've also referred only briefly to the character of the area, the standard problem in an area variance case, and I respectfully ask that you simply incorporate the documents and minutes of the prior meeting with respect to that problem, I think that Mr. 01sen, who is away this evening as a result of a family death, covered that point as best Could be covered. On the water potability problem, which'~is you recall with a firm basis for your decision the last time', I have'met with Robert Jule, who.many of you know, at the Suffolk County Health Department. He is Roy Reynolds superior, Roy Reynolds is the gentleman who wrote the letter to the Board at the time of the last hearing. In a sentence, after I concluded making a presentation informally to ~. Jule,. he said to me in his eighteen years as a member of the Suffolk County Health Department and as a member of the Board of Review of the SuffolkCounty ~ealth De- partment since it was adopted, or since it existed, he had never seen such as intriguing state of facts or such an unusual case,in any event, he did confirm what I had reported to you earlier, that.~Roy Reynolds letter Was essentially a form letter, one that is written by the Health Department without any personal inspection of properties. It would be written and the Board knows this, on almost any property which is water front, where there is brackish problems, water potability problems, any- where south of the highway in all of the Town Of Southold-and Riverhead, and I've seen them in Noyack, the same letter. The effort was not to re- port to the Board in that letter a'personal and-scientific assessment of what might occur if there were a subdivision with respect to that problem. The Suffolk County Department of Health now .has pending before it,-before its Board of Review,this property and we are asking them to inquire as to whether or not there is a scientific solution 'to the problem of placing a septic tank and a well point on the property. .Already, the Suffolk County Department of Health has told me that their, and they have not assured me at all there would be any success on the application., but they have told me that this kind of problem is not unique to these' two parcels at all, and that there are various recommendations that they follow, including the driving of extremely deep wells which go into aquifers or water levels way below the existing area wells and completely different from what has always been the practice here in the Town of Southold. I know that my ~vn home, when I lived here, we were twelve feet to water, and late in every summer we ran into terrible water problems,'and late in every slimmer they told us that if we would spend a few dollars, they could assure us of good water, just go down a few hundred feet and there'll be water and there'll be good water and it won't bother anybody.' Andthe j~outhold Town Board of Appeals '28- July 9,~1981 (ANTH0~ TOHILL, CONT.): Health'Department has already indicated that probably would be a solution that they would want t° look to. Another solution which is acceptable to Mrs. Danskerwould be that there-would be an easement placed on an area of the Dansker house parcel in favor of the vacant parcel,~if the vacant parcel ever were to be developed, in which, in that easement area, a water pipe could be placed down. The well could go in there. For example, a five foot strip by twenty foot strip along the edge of the road in front of the Dansker house, andthey would drive the well there and then bring it over the strip onto the vacant lot and solve the problem that way.. That waythey get the hundred feet, they don't interfere with any other neighbor's well,.they go. down as deep as they can, and effectively, they have the.Solution that, I guess, many homeowners probably would have liked to have adopted fif- teen or twenty years ago instead of having the Problems that we have now. So, in short, the matter is before the Health Department, we expeCt a date shortly from the Board of Review and we're going to try our luck at seeing what the field of scienee can do for this woman and her Catch 22. Now, I have in the affidavit, I think, everything but the kitchen sink, and I simply ask that you try to stay awake whenyou try to read it, prop yourself up or stand on your feet and~flip through it as quickly as you can. I'm going to conclUde by simPly offering some oral testimony from Lew Edson who is here. You'll notice that attached aS Exhibit I to the affidavit is a fourteen page appraisal which Mr. Edson prepared for purposes of this hearimg. As Mr. Doyen pointedOut last time, there was no economic proof the first time this case came Up. I think he's absolutely right, and I think that the ecOnomic proof was necessary if the Board were to act having all the factors before it. So I would like, if I could, to elicit answers to about ten questions from~Lew Edson, and that would be it. Okay. MR. CHAIrmAN: I have one question for you~ thiS in installments? ANTHONY TOHILL: Yeah, it is. Lew. Is~.it'-alright if we do MR. CHAIRFI~I: Mr. Edson. L~IS EDSON: How are you? MR. CHAIRMAN: Alright. ANTHONY TQHILL: For the benefit of the Board I will hand up I think something else that wasn't in the record before, which is a-photo- raph on the top of the house and a photograph on the bottom of the the remainder of the statement was inaudible.')* Mr. Edson can YOu state for the Board your trade or occupation? L~IS EDSOM: I'm a licensed real estate broker. ANTH0?~ TOHILL: And for how many years have you been so engaged? L~IS EDSON: Five years as a licensed real estate broker and I had about ten years of previous real estate experience. A~HO~ TOHILL: And are you familiar with the premises of Rose Dansker and a vacant parcel to the south of the premises of Rose Dansker on the east side of Wells Road at Peconic? *Mr. Tohill presented two photographs, one of the subject hoUse and one of the vacant lot~ which were entered ~nto the file for Ro~e b~r~kcr~ ~ 27&&. · ~outhold Town Board of Appeals -29- L~,;iS EDSO~: I am. July 9, 1981~ ANTH0~ TOHILL: Alright. And have you, at my request, prepared an appraisal consisting of fourteen pages, attached as Exhibit I to the affidavits submitted to the Board this evening? LEWIS EDSON: Yes, I did. ANTHO~JY TOHILL: Alright. And'do you affirm the contents of that appraisal, submitted to the Board this evening? LEWIS EDSON: I approve. ANTHO~ TOHILL: Alright, now, have you personally inspected the Dansker residence and the vacant parcel? LEWIS EDSON: Yes, I have. ANTH0k~ TOHILL: Alright, and on the basis ofyour personal inspection can you report briefly to the Board what the appearance is of the vacant lot and then again the appearance of the residence. LEWIS EDSOM: Well, the property With the subject, the vacant parcel along with the parcel with the house on it is ringed by a fence containing both parcels. %fnen you go on to the interior of the property the vacant parcel is separated by a hedge from the house parcel, and it's also separate as far as the bulkheading is concerned. It would give the appearance to any layman who walked on the property, of being a completely separate parcel and not part of the house property. A~H0h~ TOHILL: Has the vacant parcel been improved at all or are the improvements restricted to the house parcel? LEWIS EDSON: All of the improvements are to the house parcel. ANTH0~ TOHILL: On the basis of your inspections and your ex- perience, can you establish a value for the house and can you report to the Board how you can establish a value for the house? This is the house only. L~I~ EDSON: The house, in my opinion, is up valued at $110,000. We have a ready, willing and able buyer under contract to purchase it for that amount, and based on numerable comparables in the area, and in Southold Town, $110,000 is a fair market value. ANTHO~ TOHILL: Okay, and have you also included in your appraisal a replacement value analysis for the residence and the lot. LEWIS EDSON: Yes, I have. ANTHOB~ TOHILL: And with respect to the vacant parcel to the sou~h, can you establish a value for that? LF~IS EDSON: Given it's a single and separate parcel and buildable, it's, I have valued it at $30,000. A~HONY TOHILL: parcel in the area? And are there comparables with respect to that -30- ~ July 9, 1981 .Southold Town Boar~f Appeals L~IS EDSON: There are numerable parcels that are comParable.. A~HO~'TOHILL: Fine. And if the owners of the respective parcels were unable to obtain municipal approvals with respect to the house parcel, can you assess the value of the house parcel'as an non~ marketable, at least, without municipal approval parcel improved with a residence. ~ L~IS EDSOM: For the house 'parcel? ANTHO~ TOHILL: Yes. L~,;IS EDSON: Yeah, I would judge the house parcel to be-worth about a third, or about $35,000. The risk being unmarketable title, not mortgageable, many years of trying to get clear title to it, enough of a down price to create an interest in a possible profit over a very long period, and then to back it up, maybe to rent it out as a summer rental for somewhere in the vicinity of four to $4,500 for a summer season, and maybe after eight or nine seasons to recoup-the money. ~{TH0h~ TOHILL: Alright. L~IS EDSON: But in fact, that may also be a very high number. ANTHO~ TOHiLL: To the extent-- LEWIS EDSON: A big risk. kNTHO~ TOHILL: To the extent that there's no market for people buying houses that would not receive the approval of the municipality in which they're located. L~IS EDSON: Yeah. A~HO!~ TOHILL: Alright. And with respect to.the, vacant parcel, can you establish how the value would drop &5 to, ten, from ~5,000, assuming it's a buildable, single and separate parcel. L~IS EDSON: I would, my opinion would be that the parcel, if it was not buildable, would'be worth about $10,000 for somebody as apark to use or as a boat basin or some purpose like that for an auxiliary use for somebody off the water in that area. A~HONY TOHILL: And similarly with respect to that, would there be limitations on the value by reason of the fact~that it has no build- able status under the municipal code. L~fIS EDSON: Yes, yes. A~MO?~ TOHILL: If the Board has any questions of Mr. Edson. .YES. ME~.~ERDOYEN: Yeah, will you kindly go over that again,-the finances involved, the buildable or not buildable, or in other words, complying with the municipal law. L~fIS EDSON: Well, if, the secret, .in my opinion here, is that 'S'outhold Town Board~ Appeals -3 $ -July 9, '1991 ~(L~.~'~IS EDSOM, CONT.): you would have a non-marketable, unmarketable title to the property. You could never get clear title to the property. Because you could never get a C.O. from the Town. tf you can't get that then you've got a big risk, as to what you _can do with the property, for, you can't take it to the bank and get' five cents for it. MEMBER DOY~N: But what were the actual figures again, just, LEWIS EDSON: 35,000 is what~I would ~stimate, about~a third of the, of the appraised value. M~BER DOYEN: But then again, would you say, if it were, if it did comply with all the municipal laws, how much would the land and the house be worth together, you said. LEWIS EPSON: 110. M~MBER DOYEN: 110. The land-- LEWIS w.~SON: The land, being-- MEMBER DOYEN: 'Plus the house. L~,'.rIS EPSON: Yeah. ~'~ER GOE~RINGER: No. ANTHOY~ TOHILL: No. L~'~IS EDSOM: Mo A~HO~ TOH!LL: The land-- -' L~IS EDSON: Separate parcel? MEMBER DOYEN: No, wait, L~IS EDSON: Parcel two. M~.~BER DOY~: The ~house, the parcel that contains the structure, the house, ANTHONY TOHILL: Yes. LESVIS EDSON: Mm hm. M~ZEMBER DOYEN: What is the difference between-- L~.'~IS EDSON: In total. MEMBER DOYE~: the house, yeah, the total or in both, either Way, I mean, the land, the house, L~.';IS EDSON: The land and the house I would estimate to be about 110,000. M~BER DOYEN: The ls~ud and the house. : -~2- 01'- July 9, 1981 ~" ~buthold Town Boar~ Appeals L~,~IS EDSON: The land and the house. ANTH0~7 TOHILL: In short, a $75,000 loss, if I may have this right. ME~B~R DOYENS: Yeah, okay. ANTH0!,~f TOHILL: Yeah, 75. MEMBER DOY~!: That's what I was getting at. A.~HOhrf TOHILL: 75. MR. CHAIRMA~i: It's all on page 1, Exhibit I.. M~,~ER DOY~$: I'm asking. Yeah, I know, but I haven't read it,. that's why ANTHO~ TOHILL: The problem is, as Mr. Edson has indicated, is that the only value of the house would be to somebody who would plunk down 35,000 in cash, would deal with a purchase money'arrangement with the owner, and then use it as a rental, knowing that they would pay othe~.~ise ~4,500 for x number of summers and they'd get their money back but in the meantime there'd be 75,000 loss. So, on a replacement level, on a sale level, on a comoarable level, it's worth 110. On a real level, unless we can establish the right to a variance with the Board, it's worth 35. So it's a genuine problem. MEMBER GOE~IMGER: Pending the opinion of the Health Department, of course, is something that we would like-to have. ANTHO~ TOHILL: Yeah, okay. M~BER GOE~IRI~!GE/R: Do you suggest that we-.- A~EO~ TOHILL: No. Here's what I, the only way that I could see doing this would be that, and I have no'objection to this, and I have consulted with Mrs. Dansker who candidly, still doesn't understand what I'm trying to say, but if the Board were to approve the application, I have no objection to it conditioning its approval on the Suffolk County Department of Health graQting an approval. In other words, I'm not asking this Board to aporove water potability or the hundred foot re- quirement or any of that. I don't see how you could and i don't think you should be asked to stick your necks out in that direction. That's supposed to be what that Board of Review with the Health Department is there to do, they work pretty hard trying to do that, and if they can establish scientific evidence to indicate that it can do done without harming anybody in the area, they'll grant an approval. If they Can't they're quick to say no. M~BER SAWICKI: Do you know how long you would have to wait? Ah~HO~ TOHILL: They're pretty good. It would certainly be within, I would think, a month. But it's conceiVable, with the summer vacation, there are three members on the panel and then they always have a fourth sitting there in the event that somebody can't be present. We may have p~oblems with the delay, but Mr. Jule didn't indicate too much in that direction. 'Southold Town Board~ Appeals -33-0 JUly 9, 1981 ~~ GOEPt~INGER: That was my question, Mr. Tohill, I know that the timeliness of this has gone all the way back to last FebruarY. Do you want us to leave this open until.our-- ANTHO~ TOHILL: I would prefer if.it didn't', only because.I would like to proceed in as businesslike way 'as I'can, and-Mrs. Dansker-is not doing well under the tension of the experience.' Candidly, I'm. not doing so fancy either, because I'm tired of making telephone calls to important bankers and lawyers in New York City trying to get. some coop- eration and being met with stone walls. And I would like to get at least one part behind me so that I can concentrate my efforts there.' If the Board insists, then you have the right not to.make the decision until we can get before the Suffolk County Department of Health. I'd like to get one thing behind me on my way to-the (word was'inaudible). There's still the Planning Board as well, so. that the Board's decision here would be conditioned upon their approval too. It's a long trip that we have. The secretary's also not so fond preparing a ten-page affidavit. MEMBER GOEHRINGER: ..I think it's a point of. discussion that we should' have before we make the decision. Mr. Chairman, Why don't we recess for a second and discuss that in another room and then come back (the remainder of the statement was inaudible.)-- ANTHONY TOHILL: Some people may want to speak before the Board.' ~ER GOEHRINGER: Oh yes, definitely, (Mr. Tohill made an inaudible statement regarding his wish to hear any statements from anyone opposing the variance application, ) ME~BER GOEHRINGER: Yeah. MR. CHAIR~M~2~. Is there anyone here who would like to speak on this hearing? It's the Dansker hearing.' MR. STAIGER: Only that I have no objections to yoUr. suggestion. I happen to live on the road. MRS. STAIGER: We have-the same:problem. ANTHO~ TOHILL: That was brief and very~much to the point. PrJ~MBk'R GOEHRING~q: Can we have your names? ~S. STAIGER: We have no objection whatsoever. That property is hers, the other parcel should have nothing to do-with her. That-is.nOt hers. ~ER GOEHRINGER: Can we have your names? MR. CHAIRFfl~: W~at's your name please? MRS. STAIGER: Staiger, s t a i g e r. She has lived.there for so many years that she, it's hers, and she should be able to get rid of it if she wants to. · -Southold Town Boar f Appeals -340~ July 9,' 1981 MR. CHAIRMA}~: situation. There's several parcels in the same sort of a MRS. STAIGER: Yes, we have 110 feet. next to our house. MR. CHAIRMAM: It's Surprising since this came up how many more we've become aware of. MRS. STAIG~R:' We thought it was two parcels and now we understand. it's one. MR. C}~I~AN: So its got to be resolved sometime. MRS. STAIGER: I don't know when that happened.. MJEM~ER DOYEN: Mrs. Oliva has a question. RUTH 0LIVA: I believe I stated, Ruth 01iVa, North Fork Environ- mental Council, I stated last time that we opposed it,-number one, because it wasn't even near the acre'zoning that's required, number two, if it is allowed, it's only going to be a very small acreage and we are very concerned about the water and especially the sewerage.from the Board of Health, that's just draining into the creeks, the creeks are becoming more polluted and the more houses you have the more polluted it's going to get. And more and more people are just not coming here summers, they're coming out and staying all year long. And you'regoing to have more and more problems with our creeks. So I'd be very concerned with the Board of Health, and unfortunately I feel the Board of Health has been very lax in some of their judgments and I'm very skeptical on their decisions. ANTH05~ TOHILL: Two responses. One, if 2he only-0ppQsition were that it were not an acre, this Board would be out of business, because it's when they're not an acre that the problem comes-to thi~oard and it has to use its experience and judgment in deciding things. In other words, it's here as an application for a variance. RUTH 0LiVA: I can't hear you. ANTHOR~ TOHILL: 0h~ I'm sorry. M/%. CHAIRMAN: Would you use the mike over there? AMTH05~ TOHILL: I said, if you're only objection not an acre-- were that it were RUTH OLIVA: acre. I don't disagree with you, but-this is a third-Of-an AMTH0Y~ TOHILL: If your only objection were the size of the parcel, then the Board would be out of business, that's the function of the Zoning Board, it's there to act as an escape valve for the pressures that are caused by up-zonings which are, across the board, a good idea. Its sometimes they work a hardship on some people. The second point you made is that the pollution of the creek or ground water pOtability, but that's a scientific problem I'm incompetent to deal with and I'm a laypersou~ as to scientific prob!ems~ and I, the SufTo!k Country Dep~t- · Southold Town BoardOAppeals _355 July 9, ~198~ ~ (AB~H0~ TOHILL, C0~.): ment of Health is employed to deal with exactly that problem and I would just ask for the opportunity to have them-- RUTH 0LIVA: Yeah, I know, you have to go along with what they say but then again the poor person who's stuck with that otherpiece of lot, if the Board does decide to divide it, is going to be stuck with an unbuildable lot. ANTH0~ TOHiLL: Well-- RUTH 0LIVA: It's worth practically nothing. ANTH0~ TOHILL: 0neof the things that I can report to you-- RUTH 0LIVA: Where if you have the whole thing and 'divide it Up it's so much easier. ANTHONY TOHILL: Yeah, one of the things that I can report to you, but, you should not find it chiseled in granite is that there is virtually no intention to build on that parcel. The only reason we're here is that we're trying to sell the house and we can't sell the house because ~the parcel, the vacant parcel has attached itself by reason of the up-zoning to the house parcel. So, we're caught in a very difficult position. RUTH 0LIVA: Would there be any covanents put on ~hat other piece there that's, would be left over if the lot was divided that it would not be built upon. A~H0~ TOHILL: Can't do it; we don't own~it. That's one of our problems. If we owned it, we'd be happy to talk to you and try to~do something sensible, but we are really caught in a massive Catch 22 out of which I can't find any solution. And I've been tr~ing for nine weeks. P~UTH 0LIVA: I think you've got a problem. A~H0~ TOHILL: I don't like being a failure at things? and I've confessed by failure already this evening. MR. CHAIP~N: How about going out and recess for a few minutes and see if we can come up wi~h something on this. M~BERDOUGLASS: Mm hm. MEMBER SAWICKI: Yeah. MR. CHAIRMAN: Have a recess out there for a few minutes, see if we can come up with something on this. MEMBER DOUGLASS: I think we ought to go back to Tasker on it. MEMBER GOEHRINGER: No, no. We're talking.aboUt'if We should' recess it with a date or if we should close the hearing. Recess it to the next meeting pending the Health Department. MEMBER DOUGLASS: ~'fhat, there's no poSsibility~of you coming in with anything else, if-- 'Southold Town Boar~f Appeals -36- .July ANTHONY TOHILL: No, I'm finiShed. ~iEMBER GOEHRINGER: Just the Health Department. MEMBER DOUGLASS: Well, the Health Department, if you'close it, we've got sixty days. A~HONY TOHILL: I have no objection to' extending the sixty days, if you end up in a pickle on that. ~_2~BERDOUGLASS: And then he should be able to get that back to us by then. ANTHO~ TOH!LL: Yeah, I would consider that. MEMBER GOEH2qlNCER: I don't think you can extend the sixty days. ANTHO~ TOHILL: i'11 do it. If I sign my name to it I'm Stuck. MEMBER GOEHRINGER: You can't extend it; I don't~think you can extend it. ~HO~ TOHILL: Well, what you can, yeah, you Can. You can do it this way, you extend it but not closing it' except for the submission of the results of the Department of Health, Board of Appeals. Then it's not closed until the Board of Health thing, and the sixty days .doesn't start running. ~LLR DOUGLASS: Recess it. ANTHOi~Uf TUHILL. Well, but you close it, but for that item, then it's still not finally closed for the sixty day rUle until you get it, then the sixty day rule starts when I hame to give you that. M2{. CH~IR~L~2%~: Close pending the Health Department. ANTHONY TOHILL: Yes, yeah. MEMBER GOEHRiNGER: See if there's anybody who wants to speak-- MEMBER DOUGLASS: So, the hearing is cloSed except for the Health Department findings. N~MB ER GOEH2qlNGER: Right. Y~I~BER DOYEN: Except for the Health Department findings. MR. CP~I~&~I: So,.I'll offer a resolution closing the hearing · pending the final decision on the report from that, the Board of Health. ME~q DOUGLASS: I'1! second it. On motion by Mr. Grigonis, seconded by Mr. Douglass, it Was RESOLVW~D, that decision be reserved by this Board pending receipt of written decision of the Suffolk County Departmen~ of Health con- cern~n~ th~6 project. ~outhold Town Boardc Appeals Vote of the Board: Sawicki, and Grigonis. Ayes: -37-' $ July 9, 1981": Messrs. Doyen, Douglass, Goehringer, Motion was made by Mr. Grigonis, seconded by Mr. Gee.bringer and carried, to recess the regular meeting in order to go into "closed session for deliberations" at 10:05 o'clock p.m. (approx.). Motion was made by Mr. Goehringer, seconded by Mr..Grigonis, and carried, to reconvene the regular meeting at 10:20 o'clock p.m. (approx.). RESERI~D DECISION: Appeal No. 2772 (as amended). Application of Emanuel M. Kontokosta~ 43 West 54th Street, New York, 5~ 10019 (by Richard F. Lark, Esq.) for a SpeCial Exception (as amended) to the Zoning Ordinance, Art. V, Section 100-50 for permission to construct additional residential units, a coffee shoo, administration office and swimming pool in an M-1 Zoned District (an~ deleting the 21 motel units as previously granted 1/17/80). Location of property: West side of Shipyard Lane, East Marion, ~rf; bounded north by Parkside Heights Co.; east by Shipyard Lane; south by Gardiners Bay; west by Parkside Heights Co.; County Tax Map Item No. lO00-38-7-part of Lot 4. A public hearing was held and closed on this matter on June 11, 1981. After investigation and inspection, the Board finds that the appliCaut requests permission to erect 45 residential units, a coffee shop, an administration office and a pool at premises located in an "M-1 Multiple Residence District." For the use requested herein, a Special Exception is required by this Board. Applicant's Site Devel- opment Plan as revised 5/6/81 appears to be in conformance with all the rules and regulations of the zoningordinance and this Board has been informed that the N.Y.S. Department of Environmental Conservation permit application appears to be approvable as revised 6/1/81 and the Suffolk County Department of Health Services permit application appears to be approvable as revised.5/27/81. The Board finds that the circumstances present in this case are unique, and that strict application of the ordinance would produce practical difficulties or unnecessary hardship. The Board believes that the grant of a Special Exception in this case will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion made by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that E~2~rJEL M. K0~OKOSTA, 43 West 54th Street, New York, ~ 10019, BE GRiNT,.~_D a Special Exception to the Zoning Ordinance for permission to erect 45 residential units, a coffee shop, adminis- tration office, and pool as per the revised Site Development Plan dated 5/6/81, and SUBJECT TO THE FOLLOWI~G C0~ITIONS: Approval from the Suffolk Countv De~ar±m~n+- of Health COUNTY OF SU FFOLK~ DEPARTMENT OF HEALTH SERVICES September 23, 1981 DAVID HARRIS, M.D., M.P.H. COMMISSIONER Board'of/lpr, a!. . lr'own of Son,old Mr. Anthony B. Tohi~l, P.C. Attorney at Law P. O. Box 744 Riverhead, New York 11901 Re: Rose Da~ker, Propzrty E/S Wells Road, 3600' S/O Main Road, Peco~c, (T) Southold Dea~ Mr. Tohill: Th~ is to confirm ou~ conversation concerning the above referenced propeJ~ty. The division of the propetcty d~ not an issue with tl~Ls Department since the property ap- pears as separate parcels in our records. Since the Dansker house is existing, this Depa~e~ would not be involved with approval of the watzr supply or septic system. As a~eady indicated, the vacant parcel w~ have problems meeting our requirements for sewage and wate~ supply. The problems will have to be resolved prior to approval to construct. We have been directed by the County Attorney to ~esolve such matters on an individual basis, considering the rights which apply to separat~y deeded parcels. In the past, similar problems have been resolved by maximizing distances from surface water to the septic system and by requesting the applicant to investZgate an alternate water supply (e.g., a wcZ1 located off the property). I hope this ~ifies our position in this matter. Very t~uly yours, Royal R. Reynolds, P.E. Public Health Enginee~ General Engineering S~rvices RRR: cah cc: Soathoid Town Boa;u~ of Appea~% '/ Cha~r,..,:n, .,,em~.,rs copies Building Dept. _ : ............ Planning Board Applicant or his Agent ~riginal for ZBA file ) Co~ments or Reply Requested COUNTY CENTER · RIVERHEAD, NEW YORK $ 1901 · (516) 727-4700 A~TnO~¥ B. TOHILL, P.G. ATTOI~qEY AT LAW ANTHONY B. TOHILL Board of Appeals Tov;n ot Soulhold ~16 7~7-8883 September 25, 1981 Mr. Charles Grigonis, Jr., Chairman Zoning Board of Appeals Town of Southold Main Road, State Road 25 Southold, NY 11971 Re: Appeal No. 2766 - Application of Rose Dansker Dear Mr. Grigonis: You will recall the captioned matter which was the subject of a rehearing on July 9, 1981, and a determination dated August 19, 1981. The substance of the determination was that the Zoning Board of Appeals reserved its decision pending receipt of a written decision from the Suffolk County Department of Health. We appeared before the Board of Review of the Health Department on September 4, 1981. At that time the Board of Review expressed its lack of opposition to the subdivision since, according 'to Health Department policy, the parcels are considered separate parcels. Accordingly, a letter has been written by Roy ReynoldS dated September 23, 1981, and a copy has been sent for your attention. For your further information, the Dansker residence will be sold subject to an easement in favor of the vacant lot permitting installation of a well to be utilized by the vacant lot within a five foot area across the entire roadside portion of the residence parcel. In other words, an area five feet deep and 80 feet wide along Wells Road has been reserved for the installation of a well should the Dansker children ever decide to sell the vacant parcel or cause a residence to be constructed thereon. As a result of this, the vacant lot will provide better compliance with current Health Department standards that it does not have to meet. By reserving the five foot strip now we are attempting to make easier the application in the future of the persons holding the vacant parcel should they wish to make an application. We offered this arrangement to the Health Department and it was accepted. To summarize then, the Health Department, as of its letter of September 23, 1981, approved the septic and water source systems of the Dansker residence and has indicated that it will hear an application as to the adjoining vacant parcel at September 25, 1981 Page 2 the time anyone wishes to construct a residence thereon and at that time, in accordance with the County Attorney's rulings, the problem will be resolved by "maximizing the distances from the surface water to the septic system" and by causing the applicant to utilize a well located off the property, that is, on the property now of Rose Dansker. By a copy of this letter I am advising Roy Reynolds of this further communication with you. Very truly yours, Anthony B. Tohill ABT/bb cc: Mr. Roy Reynolds Gary Olsen, Esq. © O APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWICKI Southold Town Board. of Appeals MAIN ROAD-STATE ROAD 25 sOuTHDLD, L.I., N,Y' 11971 TELEPHONE (516) 765-1809 August 19, 1981 Gary Flanner Olsen, Esq. Main Road, Box 38 Mattituck, NY 11952 Re: Appeal No. 2766 Rehearing of Application of Rose Dansker Date of Rehearing: July 9, 1981 Dear Mr. Olsen: This letter will confirm the following action taken by the Board of Appeals at a regular meeting held July 9, 1981 concern- ing the above-entitled matter: RESOLVED, that decision be reserved by this Board pending receipt of written decision of the Suffolk County Department of Health concerning this project. Vote of the Board: Ayes: Messrs. Doyen, Douglass, Goeh- ringer, Sawicki and Grigonis. Yours very truly, CHARLES GRIG~NIS, JR. ~ CHAIRMAN CG: lk Enclosure - Copy of Health Department Notice of Hearing for 9/4/81 0 couNTY OF 5UFFOLKO DAVID HARRIS, M.D., M.P.H. COMMISSIONER August 17, 1981 Mr. Anthony B. Tohill, P.C. Attorney at Law P. O. Box 744 Riverhead, New York 11901 Re: Rose Dansker, Property E/S Wells Road, 3600' S/O Main Road, Peconic, (T) Southold Dear Mr. Tohill: Your request to appear before the Board of Review of the Suffolk County De- partment of Health Services has been received. A review of this case has been scheduled at the County Center building, Riverhead, in the Suffolk County Department of Health Services Conference Room, 2nd floor, North Wing, on September 4, 1981, at 2:30 p.m. You and interested parties may appear with or without counsel and you may produce any information or evidence concerning the above referenced property. 'Very truly yours, Aldo'Andreol{, P.E. Chairman Board of Review AA:cah cc: COUNTY CENTER Mr. Joseph H. Baier Mr.. Paul J. Ponturo Mr. Royal R. Reynolds Southold Town Board of Appeals b/ SUFFOLK COUNTY TAX MAP - Dist. 1000, Sec. 086, Block 2, Parcel 11 APPEAL NO. 2766 RIVERHEAD, NEW YORK ! ! 90! (516} 727-4700 LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to' Section 267 of the Town Law and the Provisions:of the Amended Code of the Town of South- old, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hal!, Main Road, Southold, NY ~on Thurs- . day, JulY 9, 1981 commencing at 7:15 p.m. and as follows: 7:15 p.m, Application of Amelia Vaskelis, P.O. Box · 522, Southold, NY for a Variance to the Zoning Ordin- ance, Art. III, Sec. 100-31 for permission to construct dwell- ing with insufficient rear yard area at the corner of Jernick Lane & Oaklawn Avenue, Southold, NY; also known as Harvest Homes Estates Sub& Filed Map #5337 L°t County Tax Map Item No. 1000-70-3-16. (c/o Inland .es, B~x 117, Mattituck, ~'25 p.m. Application of Tofa CroWley & wife, 745 Cedar Drive, East Marion, NY for a. Variance to the Zoning Ordinance, Art. HI, Sec. 100- 31 for perm,ission to construct addition to dwelling with in- sufficient side yard area at 745 Cedar Drive, East Marion, NY; b°~nded north ,by, Reicll;~ Southold, BUrns and State Road 25;' we~ by Sehneider; south by' Bridge; ~,ast. by Cummings,; $~ott asa Method- ist Church; COunty Tax Map Item No,' 'J~6'~t';4~2;~ 9. ~ 8:20 P.m..AppliCation of Colonial~ Comers, Inc., Main Road, Southold (William B.' Smith, 220 Mechanic Street, Southold, NY as agent) for a Variance to the Zoning Ordin- ance, Art. VII, Secl 100-T1 for approval of insufficient area and yard ietback of two proposed parcels at south side of Main Road, Southold (east · parcel to Dubovick), NY; bounded north by State Road 25; west by Dubovick; south & east by Methodist Church; County Tax Map Item No. 1000-61-4-7, 8:30 p.m. Application of David L. Mudd, North Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 A & C, 100-32 for permission to construct acces- sory shed With insufficient side & rear yard setbacks at property located on the north side of C.R. 48, SouthOld; bounded north by Lieblein; west by Doroski; south bY C.R. 48; east by Morris, Aliano and Latham; County Tax Map Item No. 1000-59-9-28. 8:40 p.m. Application of Mark & Frances C. Squires, 88B Vanston Road, Cutch- · ague, NY for a VarianCe to the Zoning Ordinance, Art. III, Sec. 100-35 for permission to extend existing fence (6 feet high) into frontyard area at 2495 Vanston Road, Cutch- ague, NY; Nassau Point Subd: Filed Map #806, Lot 357; County Tax Map Item No. 1000-111~6-6. ,8:55 p.m. REHEARING a_~plication-Rose Dansker, 300 East 56th Streetr APt. ._~v York. NY 10022/b,~ GaFy ,Flanner Olsen, Esq.) for _a · Varianc~ to the Zoninff Ordin- ~!~ce. Art_ Ill_ See. 100-31 for approval of insufficient area ~-fid width of two nronosed p~rcei's lo~ated at Wells Road, Peconic, NY; bounded north Wells Road~ west by oben; sot~{h b}r Richmond ~ree~; east by Krueeer. cnn,,- L'~ Tax Map Item No. Dated: June 26, 1981. BY ORDER OF , .~- ,THE SOUTHOLD TOWN ~!!~ i'? ~'~ BOARD OF APPEALS CHARLES GRIGONIS, JR., Chairman IT, 7/2/81 (10) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ............... ~ ....................... weeks successively, commencing on the ..... ~. ........................... day of~ ................. , 19"'~' C~ ...... : ..... ............. Sworn to before me this <~ day of CLEMENT J. THOMPSON NOTARY PUBLIC, State of New York No. 52-9321725 Residing in Suffolk C0~n~/° ~, Commission Expires March 30, lgL~ LEGAL NOTICE OF HEARINGS 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 Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, July 9, 1981 com- mencing at 7:15 p.m. and as f~ollo___ws: e of Main ~ (R-O-W ~ Rd. west ~ns Real north by m, Town and State chneider; east by tt and ; County 000-61-4-2, :ation of mc., Main illiam B. ic Street, mt) for a ~ning Or- Ec. 10o-71 mufficient ~ck of two south side ~old (east :k)~ NY; ~ate Road ~; south & east by Methodist Church; County Tax Map Item No: 1000-61-4~7. 8:30 p.m. Application of David L. Mudd, North Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 A & C, 100-32 for permission to construct ac- cessory shed with insufficient side & rear yard setbacks at property located on the north side of C.R. 48, Southold; bounded north by Lieblein; west by Doroski; south by C.R. 48; east by Morris, Aliano and Latham; County Tax Map Item No. 1000-59-9-28. 8:40 p.m. Application of Mark & Frances C. Squires, 88B Vanston Road, Cut- chogue, NY for a Variance to the Zoning Ordinance,Art. III, Sec. 100-35 for permission to extend existing fence (6 feet high) into frontyard area at 2495 Vanston Road. Cut- COUNTY OF SUFFOLI~, ] STATE OF NEW YORK, ? ss: ... ?.~.o.y .~..u.~.~..~.v.~..o~ ................. being duly Sworn, and Publisher of the SUFFOLK chogue, NY: Nassau Point Subd. Filed Map No. 806, Lot 357; County Tax Map Item No: 1000-111-6-6. ).m. REHEARING of une 26, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS. JR. CHAIRMAN ;r published at Greenport, in said ,f which the annexed is a printed the said Suffolk Weekl~ Times ~ne ..................... weeks the 2n~ 19~1.. ........ HELEN K. DE VOE 'Y PUBLIC, State of New York · 4707878, Suffolk CSunt~( .~ Expires March 30, 19_~ SUBJECT HOUSE VACANT LOT Addendum to Legal Notice 7/9/81 Board of Appeals Regular Meeting On Monday, June 29, 1981, copies to: Amelia G. Vaskelis ' Inland Homes (for Amelia Vaskelis) Mr. Thomas Crowley Mr. Peter Stoutenburgh (for Mr. Thomas Crowley) Mr. Frank A. Battel Mr. Richard J. Cron (as atty. for Frank A. Battel & James R. Giambalvo) Mr. James R. Giambalvo Mr. James Cooper Mr. Robert W. Gillispie, III (as agent for Phebe M. Bridge Estate) Colonial Corners, Inc., c/o William B. Smith Mr. David L. Mudd Mr. & Mrs. Mark Squires Gary Flanner Olsen, Esq. (as atty for Mrs. Rose Dansker) Mrs. Rose Dansker The following adjacent property owners to Frank A. Battel: Mr. Herbert J. Brown Mr. Henr~ Bischoff Mr. Thor~s F. Mallon Mr. Valentine Ruch, IV Mr. Albert Schilke Ms. Dorothea Shipp Mr. & Mrs. George Walstein Orestes Christophides Ms. Janine Holder Mr. Irving Pitman Mr. Valentine Ruch V. Mr. Harold Servin Mr. Richard Vanderbeek Ms. Helene Young Sahak Ozdemirci Z.B.A. members T.B. members Town Attorney Supervisor Town Clerk Bulletin Board (posted June 29, 1981) Appeal files Mr. Andrew Krupski, c/o William Smith APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Southold Town Board o£Appeals NIAIN RI3AD- STATE RI:lAD 25 SOUTHI3LD, L.I,, N.Y. TELEPHONE (516) 765-1809 june 2, 1981 Gary Flanner Olsen, Esq. Main Road, Box 38 Mattituck, NY 11952 Re: Appeal No. 2766 - Rose Dansker Request and Informal for Rehearing of 5/14/81 Dear Mr. Olsen: Please be advised that the following action was taken at a Special Meeting held by this Board on May 22, 1981 concerning the above-entitled matter: BE IT RESOLVED, that a rehearing be held in the matter of the application of Rose Dansker in Appeal No. 2766, at a date and time to be later determined by this Board. This resolution was unanimously adopted. CG:lk Yours very truly, CHARLES GR~R. CHAIRMAN MAIN ROAD LEWIS EDSON MAIN ROAD SOUTHOLD, NEW YORK 11971 LICENSED BROKER CUTCHOGUE, NEW YORK 11935 (516) 765-2288 (516) 7344~687 May 13, 1981 Mr. Anthony Tohill, Esq. 6 E. Main Street Riverhead, N.Y. 11901 Dear Mr. Tohill: Re: Estate of William Dansker 3575 Wells Road Peconic, N.Y. Pursuant to your request, I have inspected and do hereby sub- mit an appraisal of the above captioned property. In making this appraisal, I have taken into consideration lo- cation, accessibility, neighborhood and all other factors necessary to estimate its value. Based on these findings, I judge the "Market Value" of the Sub- ject Properties on May 13, 1981 to be $110,000 for the house and its lot, $45,000 for the vacant, buildable lot, $10,000 for the vacant, unbuildable lot. The report outlining the basis upon which this opinion rests is attached hereto and made a part hereof. LLE:mp enc. Yours~/~uly, . Lewis L. Edson oard of llppeals The purpose of this appraisal is to determine the Market Value of Subject Property. and marketability. In my opinion, the term "Market Value" means: The highest price expressed in terms of money the property would command if offered for sale in the open market with a~ reasonable amount of time allowed to complete the transaction and with both seller and buyer being equally well informed and acting willingly. In making the estimate of "Market Value" of the Subject Property, the appraiser has considered income, zoning, functional obsolescence CERTIFICATION I do hereby certify that I have made a personal inspection of Subject Property and an analysis of those factors affecting its value: That I have no present interest in the property: That neither the em- ployment to make the appraisal nor the compensation I receive is con- tingent upon the 9alue of the property reported and to the best of my knowledge and belief all statements and information in this report are true and correct and no important facts have been withheld or overlooked. This appraisal has been completed in accordance with the Code of Ethics as established by the Eastern Suffolk Board of Realtors. ~ewls L Edson Subscribed to and sworn before me this 14th day of May, 1981 N~ARY PuBlIC, StJte,of flew Y(dl 14., 52.45~2026.$ulfMk r,,~Ldy 2~ Notary Public QRPOSE OF APPRAISAL O PROPERTY IDENTIFICATION The Subject Properties can be identified on the Suffolk County Tax Map as follows: 1 Story - 1 Family Framed Dwelling District 1000, Section 86, Block 2, Lot 10 Vacant Lot - District 1000, Section 86, Block 2, Lot 11 These tax maps are the official maps used by Suffolk County, State of New York. The properties were found to be zoned residential. APPLICANT: PROPERTY LOCATION: VILLAGE: TOWNSHIP: COUNTY: STATE: AGE OF BUILDING: TAXES 1980-81: NUMBER OF STORIES: NUMBER OF BATHS: NUMBER OF BEDROOMS: GARAGE: ZONING: ASSESSED VALUATION: DESCRIPTION OF RESIDENCE: Estate of William Dansker N- H.C. Krueger E- Richmond Creek S- Wm. Dansker W- Wells Road Peconic Southold Suffolk New York 30 years $1045.67 1 1 2 Under 2 car Residential $5200 Total Subject Property is a waterfront home located on Richmond Creek. The property is bulkheaded and has a separate bath-storage house. The property is well landscaped and the views of the water are magnificent. CONSTRUCTION: Average SIZE OF PLOT: .340 acre MARKETABILITY: Excellent USE AND LOT (continued) REPLACEMENT COST ESTIMATE: Site work, footings and foundation First floor 864 square feet ~ $40 Improved basement 432 square feet ~ $20 Bulkheading 125 feet ~ $100 per foot Deck 324 square feet ~ $10 Bath house 50 square feet ~ $20 Accrued depreciation 10% Extra above unit cost: Landscaping fireplace Estimated Market Value of Site ESTIMATED ECONOMIC LIFE: BASEMENT: FOUNDATION: EXTERIOR WALLS: ROOFING MATERIALS: INTERIOR WALLS: FLOORING: WATER PIPING: HEAT: KITCHEN: BATH: Total Say $ 6,000 34,560 8,640 12,500 3,240 1,000 -6,594 6,000 45,000 $110,346 $110,000 20 years Full, ½ finished Cement block Asbestos Asbestos Wall board Oak Copper Electric Stove, refrigerator Shower, Tub VACANT LOT APPLICANT: pROPERTY LOCATION: Estate of William Dansker N- Wells Road E- Wm. Dansker S- Richmond Creek W- P. Groben VILLAGE: Peconic TOWNSHIP: Southold COUNTY: Suffolk STATE: New York TAXES 1980-81 $402.18 ZONING: Residential ASSESSED VALUATION: $2,000 DESCRIPTION OF LOT: Subject Property is a vacant waterfront lot, nicely treed and well landscaped. The views are magnificent. Properties of this type are much in demand and would sell easily. MARKETABILITY: Excellent SIZE OF PLOT: ½ acre (see survey attached) ESTIMATED MARKET VALUE OF SITE: Buildable $45,000 Unbuildable $10,000 (nominal value) NEIGHBORHOOD CHARACTERISTICS: AGE: TREND: SURROUNDING IMPROVEMENTS: TYPICAL VALUE ON THE WATER: INCOME CHARACTERISTICS: TOPOGRAPHY: APPEARANCE: NEW CONSTRUCTION: BUILT UP: SCHOOLS: SHOPS: STREET IMPROVEMENTS: 30 years Rising Similar, some newer and larger $110,000-$175,000 Upper middle Flat, wooded Average Some 90% on the water 2 miles 2½ miles Paved, Electric, Cesspools © O TAX DATA SINGLE FAMILY HOUSE The Subject Property can be identified on the Suffolk County Tax Map as District 1000, Section 86, Block 2, Lot 10 ASSESSED VALUATION Land $2000 Building 3200 Total $5200 Southold Town Taxes 1980 - 1981: $1045.67 O O TAX DATA VACANT LOT The Subject Property can be identified on the Suffolk County Map as District 1000, Section 86, Block 2, Lot 11 ASSESSED VALUATION Land $2000 Total $2000 Southold Town Taxes 1980 - 1981: $402.18 LIMITING CONDITIONS This appraisal is subject to the following limiting conditions: The legal description furnished is assumed to be correct. I assume no responsibility for matters legal in character, nor do I render any opinion as to title, which is assumed to be marketable. All existing liens and encumbrances have been disregarded and the property is appraised as though free and clear under responsible ownership and competent management. The maps and sketches in this report are included to assist the reader in visualizing the property. I have made no survey of tle ~ property and assume no responsibility in connection with such matters. Unless otherwise noted herein, it is assumed that there are no encroachments, zoning violations or restrictions existing in the Subject Property. Information, estimated and opinions contained in this report are obtained from sources considered reliable, however, no liability for them can be assumed by the appraiser. Possession of this report, or a copy thereof, does not carry with it the right of publication, nor may it be used for any purpose by any but the applicant without the previous written consent of the appraiser or the applicant, and in any even only with proper qualification. I am not required to give testimony or attendance in court by reason of this appraisal, with reference to the property in question LIMITING CONDITIONS PAGE 2 unless arrangements have been made previously herefor. The division of the land and improvement values estimated herein is applicable only under the program of utilization shown. These separate valuations are invalidated by any other applicant. QUALIFICATIONS OF LEWIS L. EDSON I am a licensed Real Estate Broker with an office at Main Road, Southold, Suffolk County, New York. I have acted in many sales and purchases in the Town of Southold. I have also bought and sold real property for my own account at Southold and elsewhere in the Town of Southold. I am well acquainted with real estate values in Southold. Prior to opening First Towne Realty in June, 1976, I was with ~ McDonald's Corporation as Director in Charge of new site development. During my nine year tenure, I either purchased or approved the purchase of over 300 locations in the Northeastern section of the United States and Canada. I have done many appraisals in the Town of Southold for indi- viduals, attorneys and I am an authorised appraiser for the North Fork Bank & Trust Company for commercial properties. I am a member of the Eastern Suffolk Board of Realtors. Gary FLANNER OLSEN COUNSELLOR AT LAW © P. O. BOX 38 MAIN ROAD · MATTITUCI~, LONG ISLAND, NEW YORK 11952 · PHONE 516 298-4844 May 6, 1981 Re: Caste]Ii to Dansker File # 2915 D~NSKER - VARIANCE APPLICATION 8card of ppaa! 1'own oI$on ol l Gentlemen: Please be advised that I am hereby asking that this Variance Application be scheduled for a rehearing. There is new material and substantial evidence, which it is important that the Board have before it in the consideration of this Application, In light of the fact that I am faced with a time limitat~ppeal to your negative decision, I would appreciate your resche~ing th~ matter for a rehearing at the earliest possible date. ' ' / / · -~-GARY FL ~N~ 0~- GFO/clr Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 Att: Charles Grigonis, Chairman / cc: Robert Tasker, Esq. Town Attorney cc: Rose Dansker cc: Manufacturers Hanover Trust Company Att: Bruce McBean cc: Ludwig Abruzzo, Esq. ~rom Da, steJ2i ;~pril 15, 1981 Hoad r~-opert y New 'York -2 -! O Gary Planner Olsen, Atty. P. O. Box 38, Main road, Mattituck, New Yori 11952 Dear Mr. lr':x~her: Re: Dansker, Wells Road Property, Peconic, New York firmLug %hat ~n-Pepl.y'%o' your le%~e'r~f April ,' i"wzsn Occupant'.Vi'se: Yob' ::'a:s o:f Gl. TowS'f: - / To ~he bes% of my information ,/ the/~use presen%ly owned bM Rose Dansker was constructed prior to enac~men~ of zoning and, ~herefore, a~ %he time of i%s cons%ruction no building permit, or cert. ifica~e of occupancy was required. ~'- . ~.~:;~'- Ho~ever~ the parcol do~ 'aG[~ 'comp!y-w~h-[he preaen~ OFO/c!I'oning requirements ~i~h ~eapec~ ~o lo~ size. In 1963, ~illiam Danaker acquired an adjacen~ lob in ~he same S .... +k~a~en~S;~[he,~add~.ce~**~ouae lo~,~hus causing a merger of .... ~h9 ~vo lo~s."' ACcordingly, ~he undersized house lo~ .... hb~ need,in 8i~gle and aepapa[e ovnerahip and a certificate . ~°u~°i'Gf /*~'~'~u~'&~cy 8&~not be issued. Att: Gt~rge Fisher Sincerely, George H. Fisher Sr. Building Inspecgor GHF:Jd APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P.GOEHRINGER Joseph H. Sawicki Southold Town Board o£Appeals HAIN ROAD- I~TATE ROAD 25 SOUTHOLD, L.I., N.Y 11cj'71 TELEPHONE (516) 765-1809 April 28, 1981 Gary Flanner Olsen, Esq. Main Road, Box 38 Mattituck, NY 11952 Re: Appeal No. 2766 - Rose Dansker Dear Sir: Enclosed herewith is a copy of the filed decision of your recent appeal before the Board of Appeals for a variance or special exception. Please be sure to return to the Building Inspector for approval of the building permit and/or certificate of occupancy and that~£ompliance has been met with all applicable conditions of your variance prior to the issuance of same when appropriate. If you have any questions, please do not hesitate to call. Yours very truly, CG:lk Enclosure CHARLES GRIGONIS, JR. CHAIRMAN TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAI~D OF APPEALS Appeal No. 2766 Application Dated December 3, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD To Gary Flanner Olsen, Esq. Attorney for Mrs. Rose Dansker Main Road, Mattituck, NY 11952 DATE~./.2R./.~.i Appellant at a meeting of the Zoning Board of Appeals on April 2, 1981, was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance Art. III, Sec. ( ) 100-31 the appeal ~a~ed ( ) ~ de~ed pursuant to Article .................... Section ..............~.2.. Subsection .................... para.apb .................... of the Zoning Ordinance and the decision of the Building I~pector ( ) be reversed ( ) be co~med because Public Hearing: April 2, 1981: Application of Rose Dansker, 300 East 56th Street, Apt. M, New York, NY 10022 (by Gary Flanner Olsen, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area and width of two pro- posed parcels located at Wells Road, Peconic, NY; bounded north by Wells Road; west by Groben; south by Richmond Creek; east by Krueger. County Tax Map Item No. 1000-86-2-10 and 11. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because. practical difficulties or unnecessary (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) (SEE REVERSE SIDE) and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ,) be reversed. FORM ZB4 ZONING BOARD OF APPEALS The Board finds and determines as follows: This is an Appeal for a variance pursuant to Article III, Section 100-31 for approval of insufficient area and width of two proposed parcels located at Wells Road, Peconic, New York. Lot 10 designated as such on the Suffolk County Tax Map has erected thereon an one-family private dwelling. Lot 11 is vacant. The property was acquired by Appellant's husband at two different times. The house was acquired in 1957 and the vacant lot adjacent thereto in ~963. Title to both lots was taken in the name of Appellant's deceased husband, William Dansker. Lot 10 has an area of 16,000 square feet, and Lot 11 has an area of 17,500 square feet. Appellant's husband died in 1980 and under his will devised Lot 10 to his surviving spouse, Rose Dansker. The vacant Lot 11 was devised to the children of a former marriage. In 1971 the Zoning Code was amended to require a minimum size lot of 40,000 square feet. Accordingly, both lots were merged into one lot. At the hearing considerable testimony was given by property owners in the vicinity of the premises in question concerning the severe water problem. There is evidence of salt water intrusion as well as insufficient water supply during periods of draught. The Suffolk County Department of Health Services has advised this Board that Lot 11 may not meet the minimum standards for new construction of a septic system and a water supply system, and that the ground water quality in the area is marginal. In view of the foregoing, it is the opinion of this Board that to permit Lots 10 and 11 to be divided would lead to the intensification of the water problem which presently exists in the area. No evidence has been given to this Board of any attempt by the Appellant to either acquire title to Lot 11 or to attempt to have both lots sold to a single owner. It is the further opinion of this Board that the Appel- lant has.not shown practical difficulties, and accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, the appeal is denied. Location of property: 3575 Wells Road, Peconic, NY; bounded north by Wells Road; west by Groben; south by' Richmond Creek; east by Krueger. County Tax Map Item No. i000-.~86-.2.~i0 ~nd- 1~. Vote of the Board: Ayes: Messrs. Douglass, Goehringer and Sawicki. Messrs. Grigonis and Doyen abstained from vote. APPROVED RECEIVED AND BY T~E SOUl"HOLD TO%~,fN CLERK D~ To~ Cle. rk,' To~m of Soutl';old O O Dansker This is an Appeal for a variance pursuant to Article 3, Section 100-~ for approval of insufficient area and width of two proposed parcels located at Wells Road, Peconic, New York. Lot 10 designated as such on the Suffolk County Tax Map has erected thereon a one family private dwelling. Lot 11 is vacant. The property was acquired by Appellant's husband at two different times. The house was acquired in 1957 and the vacant lot adjacent thereto in 1963. Title to both lots was taken in the name of Appellant's deceased husband, William Dansker. Lot 10 has an area of 16, 000 sq. ft. and lot 11 an area of 17, 500 sq. ft. Appellant's husband died in 1980 and under his will devised lot 10 to his surviving spouse, Rose Dansker. The vacant lot 11 was devised to the children of a former marriage. In 197t,' the Zoning Code was amended to require a minimum size lot of ~ sq. . Accordingly, both lots were merged into one lot. At the hearing, considerable testimony was given by property owners in the vicinity of the premises in question concermng the severe water problem. There is evidence uI ~cv;~l' water intrusion as well as insufficient water supply during periods of draught. The SuffolkCounty Department of Health Services has advised this Board that lot 11 may not meet the minimum standards for new construction of a septic system and a water supply system and that the ground water quality in the area is marginal. In view of the foregoing, it is the opinion of this Board that to permit lot 10 and 11 to be divided would lead to the intensification of the water problem which pre- sently exists in the area. No evidence has been given to this Board of any attempt by the Appellant to either acquire title to lot 10 or to attempt to have both lots sold to a single owner. It is the further opinion of thisBoard that the Appellant has not shown practical difficulties and, accordingly, the appeal is denied. WELLS O~ EDUCATiOn., L.~¢¥ "' ~TUM_= 0,0 ORDINARY ~lG~ WATE~ M&~K,",~:,,. ,~ '~',. ' y ~ .... '~ ....... ~' ~UAEANTEED TOT~c ~ME~I~AN T~TLE Date: Parties: Premises: Personal Property: Purchase ~_ Price: NI;Itl~hil,I N '~ 11 I I~ I~ll~l~,~).l ' ~l I.', ', I I ~!T I ,.ira, I .,I ',al* ~ WARNI Cs: NO lll,]l~m~F;~ .'ATiON l.~ MAI)E TIIAT TIII.% I,',,~. CONTRACT FOR TIlE 5ALE AND PURCHASE OF REAL ESTATE COMPI,1ES WITII SI,]CT1ON 5-7O2 OF' 'FILE GENERAL OBI,IGATIONS LAW ("PLAIN ENGLISlt"). CONSULT YOUR LAgVYER BEFORE SIGNING lT. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event of tire or casualty loss before the title closing. Unless different provision is made in this contract. Section $-131! of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises. CONTACT OF SALE made as of the [ , day of ' ~' BETWEEN I 'ROSE DANSKER, residing at: Address: 300 East 56th Street, Apartment M, New York, New York 10022, pursuant to the Last Will and Testament of William Dansker, deceased. hereinafter called "SELLER", who agrees to sell, and JOSEPH CASTELLIand MARIE CASTELLI, his wife, both residing at: Address: 36 Massapequa Avenue, Massapequa, New York 11758, hereinafter 'called "PURCHASER", 'who agrees to buy: The property, including all buildings ami improvements thereon separate page marked "Schedule A") and also known as: Street Address. Wells Road, Peconic, New York Tax Map Designation: I lhe "PREMISES") {more fully described on a Together with SELLER'S interest, if any, in streets and unpaid awards as set forth in Paragraph 9. The sale also includes all fixtt, res and articles of personal property attached to or used in connection with the PREMISES, unless specifically excluded bch>w. SELLI']I states that they arc paid for and owned by SELLER free and clear of any lien other than the EXISTING MORTGAGE{S). They include but are not limited lo plumbing, heating, lighting and cooking fixtures, bathroom and kitchen cabincts, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery, fencing, outdoor statuary, tool sheds, dishwashers, washing machines, clothes dryers, garbage disposal units, ranges. refrigerators, freezers, air conditioning equipment and installations, and wall to wall carpetin/t~ as may' presently be on the premises. Excluded from this sale are: Furniture and household furnishings, Premises sold furnished as seen with the excep, t~on of certain pots and pans, Jinen; and other personal effects. ~~ (~ ~ .~3~t~ ~/~-0 ~J~*/- '~'~( ~ 1. a. The purchase pries is ~e h~d~ed ten thousand --$ 110~000. O0 payable as follows: On the ~igning of this contract, by check subiect to colleetion:Eleve~ thous~d ..... $ 11,000, O0 {to be held ~ escrow by seller's attorney until closing of title) ..... By allowance for the principal amount still unpaid on EXISTIN(; M()RTGA(;E~ S~ $ By a Purchase Money Note and Mortgage from PURCHASER I or assigns} to SELLER: Twenty thousand (~ee Rider for terms) .... BALANCE AT CLOSING: Seventy-nine thousand-- $ 20,000.00 --$ 79,000.00- Existing Mortgage(s): Acceptable Funds: 'Sub/eot to" Provisions: 'itle Company oproval : 'losing lefined and orm o! Deed: losing ate and Place: b. If this sale is subje~ an EXISTING MORTGAGE, the Purch~Money Note and Mortgage will also provide that it will remain stmlect to the prior lien of any EXISTING MORTGAGE even though the EXISTING MORTGAGE is extended or modified in good faith. The Purchase Money Note and Mortgage shall be drawn on the standard form of New York Board of Title Underwriters ,by, the attorney for SELLER. PURCHASER shall pay the mortgage recording tax, recording fees and the attorneys fee in the amount of $125. frO- for its preparation. c. If any required payments are made on an EXISTING MORTGAGE between now and CLOSING which reduce the unpaid principal amount of an EXISTING MORTGAGE below the amount shown in Paragraph 2, then the balance of the price payable at CLOSING will be adjusted. SELLER agrees that the amount shown in Paragraph 2 is reasonably correct and that only payments required by the EXISTING MORTGAGE will be made. d. Jf there is a mortgage escrow account that is maintained for the purpose of paying taxes or insurance, etc., SELLER shall assign it to PURCHASER. if ,it can be assigned. In that event PURCHASER shall pay the amount in the escrow account to SELLER at CLOSING. 2. The PREMISES will be conveyed subject to the continuing lien of "EXISTING MORTGAGERS)" 'Mortgage now in the unpaid principal amount of $ and interest at the rate'of per cent per year, presently payable in installments of $ which include principal, interest, and with any balance of principal being due and payable on as follows: SELLER hereby states that no EXISTING MORTGAGE c6ntains any provision that permits the holder of the mortgage to require its immediate payment in full or to change any other term thereof by reason of the fact of CLOSING. 3. All money payable under this contract, unless otherwise specified, shall be either: a. Cash, but not over one thousand ($1,000.0()l Dollars, b. Good certified check of I)URCHASER. or official check of any bank, savings bank. trust company, or savings and loan association having a banking office in lhe State of New York. payalde to thc order of SELLER, or to the order of PURCHASER and duly endorsed by PURCHASER (if an individual~ to the order of SELLER in the presence of SELLER or SELLER'S attorney. e. Money other than the purchase price, payable to SELLER at CLOSING, may be by check of PURCHASER up to the amount of Five Hundred ($ 500. O0 ....... ) dollars, or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. 4. The PREMISES are to be transferred subject to: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of any structures on, under or above any streets on which the PREMISES abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. d. Any set of facts an accurate survey may show provided title is not rendered nnmarketal~½~ / e. Covenants,J~&-seknents and restrictions of record, provided not violated by ex-is ting st~'uctures. ~1 reputable title company doing 5. SELLER shall give and PURCHASER shall accept such title as/business in Suffolk County, and , a member of The New York Board of Title Underwriters, will be willing to approve and insure in accordance with their standard form of title policy, subject only to the matters provided for in this contract. 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this contract, including the payment of thc purchase price to SELLER. and the delivery to PURCHASER of a ;13a~.gain and Sale with Covenants deed in proper statutory form for recording so as to transfer full ownership ifee simple title~ t,, the PREMISES. free of all encumbrances except as herein stated. The deed will contain a covenant by SELLER as required by Section 13 of the Lien Law. If SELLER is a corporalion, it will deliver 1,, I'I~IICIIASER al Ih(, Ii,ne of CI.OS1NG (al a resolution of its Board of Directors authorizing thc ssi,. an(I (I,'liv(.,'~ .f Ih,. (h.c(I. ami il,) a (','rtili,'a~,. I,; th,. S(',r(tary or Assistant Secretary of thc corp()ralion certifying such ~cs.luli(, an(l s('lling forth {a('ls sh(,wing that the transfer is in conf(,rmily wilh the rc, l,,i,',.,,,c,~ts ,)f S,','li,,,, ()o'~ (,f thc [{,lsi,,(.s~ (:()rl),)rali()u [.;iw '['hc deed ir, s.ch cas. shall contain a recital sUflicienl I(, establish c,,ml,liaocc with that section. 7. CLOSING will take place a~ ~h(, ,,Iii,'(. ,,! Gary Flanner Olsen, Esq., Main Road, New York 11952, on or about thirty (30) days from the date hereof. at o'clock on I 0 Mattituck, 8. PUIICIIASER hrrel)y slate-, 'hal I'IlI{CllA,qEI{ has ,,,,! d,'ah will, a,,v I),,,l~'.r i,) ,',,,,,,,','Ii,),, with II, is sale ()flier than I W {,nit .'a ),~ , ,1, , t I ,1,1 , ,.~ ,l~.,-L L, ~,,Y~, ,~i,~ ,'~1,'." .. ,,,,',,~ A,~t ,.,,,,,,~ };,. I,U,~v,~.,,~',4, ' I, ,,'-~, S('IIEI}III.li A (Description of Premises) All that certain plot, piece or parcel of hind, with lhe buildings and i inproveniems lhereon erected, siluate, lying and being,~ffill~K at Peconic, Town of Southold, Suffolk County, New York, more particularly bounded and described as follows: BEGINNING at a stake set in the easterly line of Wells Road distant 3525.54 feet southerl measured along the'easterly line of Wells Road from the corner formed by the intersecti, of the easterly line of We,Its Road with the southerly Iine of Main Road, said point of be- ginning being the southwesterly corner of land conveyed to Henry C, Krueger ,Ir., and running thence along said land conveyed to I<rueger sottth 69 degrees 29 minutes 40 seeon east a distance of 159.57 feet to the ordinary high water mark of Richmond Creek; RUNNING THENCE in a southwesterly direction along said ordinary high water mark of Richmond Creek a distance of 129 feet, more or less, to a point distant South 29 degrees 12 minutes West 128.5 feet from terminus of the last course; RUNNING THENCE along land now or formerly of H.G. Well Estate North 51 degrees 44 minutes 00 seconds West a distance of 160 feet to a stake set in the easterly line of Wells Road; RL~NNING THENCE North along said easterly line of Wells Road on a curve to theleft (having a radius of 256.60 feet) a distance along said curve of 79.54 feet to the point or place of beginning. TOGETHER WITH all the right, title and interest of the party of the first part, i~an.y, and to the beach, waters and land under water of Richmond Creek in front and abutting said premis, es. The Purchaser agrees to deliver t)the attorney for the Seller herein a list of any objectiot to title or violations which may appear on any proper examination of title, and if any of t} objections or violations which may appear on said title examination cannot be cleared by the Seller prior to the date set for closing of title, then the Seller shall be entitled to a reasonable adjournment of the closing for the purpose of clearing such objections or vio- la tion s. In the event that the Seller is unable to convey title in accordance with the terms of this' agreement, the Se~er shall have the option of clearing any objections to title or violations or to return to the Purchaser the amount paid on account of the purchase price hereunder and to reimburse the Purchaser for the cost of the title examination, which cost if not to exceed $100.00, and the cost of any survey made in connection therewith incurred by the purchaser; and upon such payments being made, this agreement shall be considered can- celled and of no further force and effect and the parties hereto shall thereupon be release of any and all further liability as against each other, and the lien, if any, of the purchase against the permises shall cease and terminate. The Seller shall not be required to brin~ any actionor proceeding or otherwise to incur any expense to render the title to the prem{ scs marketable, but the Purchaser may, nevertheless, accept such title as the Seller ma be able to convey, without any reduction of the purchase price ~r any credit Ur allowance against the same and without any liability on the part of the Seller for such conveyance. The acceptance of a deed by the l~rchasershall be deemed to be a full performance and discharge of every agreement and obligation on the part of the Seller to be perfox~.med pursuant to the provisions of this agreement except those proxrisions, if any, which are specifically stated herein to survive the delivery of the deed. The Purchaser may have the dwelling inspected for termites, and/or wood boring insects at his own cost and expense. Such inspection to take place within fifteen (15) days of the execution of this Contract. The Purchaser's attorney will notify the Seller's attorney, in writing, of any termite damage~ ~ .,~ ,~r infestation. T~h,~e~eller will then have the option of · the ' ' '~'~ ' " ..... ~l~wn'~ ~ C~p~tyme~.~.~~**~ .. ~ ~..~ correcting condztzonAor-re~thSr~ng~}~ the event of such a refund, this Contract will be cohsidered null and void. Premises are sold in "asis" condition, excspt that the Seller represents that the plumbin~ heating, and electrical systems will be~ in~rking order at the time of the closing and roof free of leaks? ~'~~~,, .~,~/ . ' ~ . / Distributed by CHICA~O TITLE INSURANCE COMPANY Rhh,r' 1~, (' ct or Sal~, I..l'wc~q~ I)ANSI(I.:I{, ami ('A~q"'h'Ti'~ Purchase Money IVIo['tgagc shall bt: due and payable as follows: In~fl~,~ ~J, at thc,. rate of 12 per cent per annum wltJ~,~~-~gag~ being due and pay~)~.l,.montJ!l.~r instailments ~o~ each month for a period of ~. As each i, ay~n~ made, it shall be applied first toward the payment of_}ntez'est_and then t)Wards the reduction of the principal bal..anc~--olS~[{~ors shall have the,right to prepay in whole or in part at an~without penalty. Said Mortgage' ~lhatl-lae:.3.~due and payable in ?,~hg.~r nL~' thc premises are sold, assigned or otherwise cor~;~yed.~ ........ The above refer~ to Purchase Money ~ortgage shall be due and payable eiqhteen (18) months from the date of closin~ and shall be due and payable in equal monthly installments of $1,219.65 including interest at 12% Der annum. As each payment is made, it shall be applied first toward the payment of interest and then towards the reduction of the principal balance. The obligors shall have the right to prepay in whole or in part at any time without penalty. Said Mortgage shall be due and payable in the event the premises are sold, assigned or other- wise conveyed. Entire ~l greement : 22. All prior understandings and agreements between SELLER and PURCHASER are 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 is not set forth in this contract. .'er tificate or Letter ax to Existing Mortgage(s): Compliance with State and Municipal Department Violations and Orders: Omit it the Property is Not In the City o! New York: Installment Assessments: Apportion. merits: fFater Meter Readings: Allowance /or Unpaid Taxes, Etc.: Purchase Price to Par Encumbrances: Affidavit as to ]udgments, Bankruptcies Etc.: I)eed Trans[er and Recording Taxes: Lien: Seller's Inability to Convey Limitation o! Liability: Condition o! Property: Entire ~4 greement : II,i...,,I, ,,,, h,,h ,,11 .,I/il~ I I It" , ......... h, ..... I ,,I hi., ,I .... ~ .,, ~llll~,m,I I~,i,,p. h, Ih, I-,I ,,I .,~ all.,t;I ~l /,Igh~ay. ol,c,.M ,,I I,~,,I,,,.~ llof,I ,,I ,,~ ,.ll.,,,~.~ I1.* I'I{I',MI>q'.N ~. ~clflcr lira. thcrcol, h also includes any ~ight of SEI,LEI{ t,, ant~..,l,aid award l,v r,',s.n of a,; t:iki[ig I,v c,..,Jcnm',ilion and/or for an~ damage to Ibc I I{I';MISES by rcas,.i ,,f change ,,f /~rad,' ,,I ;.l~ .llccl -I hh'.hway.' SEI,I.EI{ x¥ill dcliw.r al .. a(hlltional cost t,) I'URCHASER, at CLOSING, or thereafter, on demand, any d,,cumcnts which I'URCllASER may reqvire to collect the award and damages. 10. SELLER agrees to deliver to PURCHASER at CIA)SING a ,'crtilicate dated not more than thirty (30) days before CLOSING signed hy lhe h,ddcr of each EXISTIN(; M(iIt'I'(;AGE, in f.rm for recording, certifying the amount of the unpaid i,rhicil,d and interest, dah' of n;alurily, and ,ate of Inlcrcst. SELLER shall pay the fees for recording such certificate. 1{ the holder of a mortgage is a bank or other institution as defined in Section 274-a, Real Properly Law. it may, instead of the certificate, furnish a, unqualified letter dated not more than thirty (30) days before CLOSING containing the same i.formation. SE[.I.I']I{ hereby states that any EXISTING MORTGAGE will not be in default at thc time of CLOSING. 1]..~ SELLER will c/dmply with all no]es or notices/of violations of/law or municipal/,,rdina,,ces, ordqrs or requ~ements noted in/or issued by an.y jgovermnental d~part,nent having/authority as to lit[ads, housing, buildings, fire/health and labor/conditions affectir/~ the PREMISfS at the date I~reof. The PREM/rSES shall be trq/isferred frg~ of them at CLJ~SING and this p/tovision shall s/firvive CLOSINC/f SELLER shall f~rnish PURCHA~t'~R with a/fly autho.riz.a.tions~eces, s.aory to.)nake~/~e searches thgt .could dis.close ,/hes,~i matters. SeHe. r..Wj, ll provide a pre~e~i~s~ ~;ertxlj. c~tte ox ux:cuuancy at or przor to me c~osifig ox ti~I-e. m aa om~gat,ons anect,ng 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 ,,,ay beco,ne payable in annual installments, and the first installment is then a lien. or has been paid, then for the purposes of this contract ~~~~~~~_ -- -'---: -- -,:_ -_and purchaser shah take titl9 subject to an~r suc~a~rnents due and owing subsequent to passaEe of title as provided herein. I3. The-following are to be apportioned as of midnight of the day before CLOSING: (a) *Renits a~h-~-wh-e-ti'~collec~t~d. (b~ Interest un EXISTING MORTCAGE~S}. 14--t Premi,,,,,s n,, existing tra,sferable in~n'anee-p~licies and rc;newals of those expiring prior to CI,OSIN(;. (d) Taxes, water charges ami sewer rents. on the basis of the :li~.lll/period for which assessed. {c) tLueA,JLaaL (f) yaule-charges;.if-an-y. Lien December 1st. If CLOSING shall occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. 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 reading to a date not ~nore than thirty (30) 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 adjuslmenl of the purchase price with the amount of any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five(S) business days after CLOSING, provided that otficial bills therefor computed lo said dale are produced at CLOSING. 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING, SELLER may use any portion of the balance of the purchase price to discharge it. As an alternative SELLER may deposit money with the title insurance company employed by PURCHASER and required by it to assure its discharge; but only if the title insurance company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon request, made within a reaso,,al, le ti,nc before CLOSING, the PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. 17. If a title examination discloses judgments, bankruptcies or other returns against persons having names the same as or similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not against SELLER. 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or County officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the deed, together with any required tax return. PURCHASER agrees to duly complete the tax return and to cause the checkfs) and the tax return to be delivered to the appropriate officer promptly after CLOSING. 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the PREMISES and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. 20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, 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 appropriate 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 on the PREMISES and the personal property included in this sale and is thoroughly acquainted with their condition. 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 shall have the right, after reasonable notice to SELl,ER, to inspect them before CLOSING. 22. All prior understandings and agreements between SELLER and PURCHASER are 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 is not set forth in this contract. ;hanges ,lust be in f riting : 'insular [lso Means 23. This contract may not be' changed or cancelled except in writing. The contract shall also apply to and bind 'the distributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. 24..Any. singular word or term herein shall also be read as in the plural whenever the sense of this contract ~nay reqmre ~t. In Presence O~: ~ /'['0 ' ' eph Ca~telli _ Marie Cast¢lli Closing of title under the within contract is hereby adjourned to 19 , at o'clock, at ; title to be closed and all adjustments to be made as o~ 19 Dated, 19 For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Purchaser Assignee o! Purchaser TITI,t No. ontrart of ale DANSKER TO CASTELLI STANDARD FOILM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by CHICAGO TITLE INSURANCE COMPANY B1, Lot k'OUl~ty or Town Street Numbered Address PREMISES Recorded At Request oi RETURN BY MAILT(): Gary F]anner Olsen, P.O. Box 38 Main Road Mattituck, New York Esq, 1952 O O AFFIDAVIT Bruce[McBean being duly ~worn says: 1. '~ I am an officer of Manufacturers Hanover Trust Company, to wit Assistant Vice President, with offices at 600 Fifth Avenue, New York, New York. 2. William Dansker, a/k/a Wylly Dansker died on March 30, 1980, a resident of the City, County and State of New York leaving a Last Will and Testament dated February 20, 1976 and a First Codicil thereto dated August 13, 1979 which were duly admitted to probate by the Surrogate's Court of New York County on May 13, 1980 on which date Letters Testamentary were issued to Manufacturers tlanover Trust Company and it there- upo~ duly qualified and thereafter acted and is still acting as executor. 3. On September 26, 1980 Manufacturers Hanover Trust Company as executor of William Dansker, deceased, made a payment to the State of New York on account of estate taxes in the amount of $42,319.36. It is presently estimated that New York State estate taxes as finally determined will I)e less than this amount. 4. It is estimated that the Federal estate taxes in this estate will aggregate approximately $190,000, payment of which is due nine months after the death of the decedent. 5. The aggregate value of the assets of decedent's estate are sufficient to provide for the payment of said Federal estate taxes. 6. I know of no claims which have heretofore been filed against d~cedent's estate which remain unpaid. 7. A copy of the Federal estate tax closing letter and a copy of the order fixing tax issued from the Surrogate's Court of New York County will be submitted upon receipt thereof. Bruc e~McBean Sworn to before me this c~'~.' ~f, fday of ~,;'~-~'..,~. , 1980 Regulatory ~_ffairs Bldg. 40, SU~_~f - BDC~ 219 Stony Brook, !,~ York 11794 (516) 751-7900 Commissioner ~rch 12, 19~1 ~: ~ostellt to D~ske~' As a rest%lt of your inquiry concerning the above referenced parcel, this Department btam conducted aD. on-site _inspection. D~e have foumd the parcel or (pro%ect) t9 beyond ~he J~a~udiction cf Article 2/~ Pur~f~mt ~ Therefore, pursuant to Part 661~ Official Compilation of Codes, Rules and Regulations of theJState of N~¥; York~ Section 661o4 ~), no permit under Article '25 (Tidal Wetlands) of the Envirorm-ental Conservation Law is c.c.1 ~tle ~cuthold Town Board of A.,~eale ~ Road, Routes 2~ --- 'Zcuth~ld~ ~.. T. 11971 Very truly yours, DA}IIEL Jo LARKIN Regional Permit ~ninistrator ~c~,el We a~e ~ ~ur Check ~,c. 8422 ~n ~o~,t of ~25.G0 COUNTY OF SUFFOLK STATE OF NEW YORK ss: NOTICE IS HEREBY GIVEN, pUrsuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the . Southold Town Board of Ap- peals at the Southold Town Hall, Main Road, Southold, ~¥ on Thursday, April 2, of to AU. III, S C( 00 0S S) Per- mission to create additional employee housing on second floor of Beach Club to match the existing housing on the west end of club (also known · s labor camp), to be located ~on the south road to the East End of FLshers Island, more particularly designated as County Tax Map Item Nos. 1000-5-2-7.3, 1000-4-4-12, 1000-1-1-3.6, 1000-4-6-9. 7:50 p.m. Application of David L. Mudd, North Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30A(2)[d] to construct farm tool shed with insuf- ficient rear and side yard setbacks at property located on the North ,Side of C.R. 48, Southold; bounded .north by Lieblein, east by Aliano, Lath- am and Morris, south by C.R. 48, west by Doroski; County Tax Map Item No. 1000, 59-9-28. 8:00 p.m. Application of Dolores Strong, Box 1033, Mattituck, NY for a Variance 8:55 p.m. Application of David I. DeFriest, Main Road, Southold, NY (by Irving L. Price, .Ir., Esq.) for a Special Exception t~_the Zoning Ordin- ance, Art. IH, Sec. I00-30B(1) for permission to change use of existing dwelling from one-family to two-family dwelling use~at 51320 Math Pai~ricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a punic newspaper printed at Southold, in Suffolk County; and thc~t the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man or. ce each week for ............ .~. ......................... weeks successively, commencing on the ..... .~....c~. ........................ ~ay of~ ....... ~ ................... 1 9..~..~"'~ Sworn to before me this ..... ..~....C~.. ................. day of ......... .......... , Road~' Southold; Bounded north and~., eabJ~ ~i.~ l~eFriest, ' soUth.-.~ Sa~', 'WeSt~.by 9:05 p.m.; Applkaib~~ 0f . Vi~or-E. Cats~o, ~ Canter- bu~ D~ve,:. HauppauRe, NY 11787 for a Variance to the ~ning ~dinance, A~. HI, Sec. 1~-31 for permission to build a one-story garage with insufficient front and side yard setbacks a the ~uth side of Pe~nic Bay ~ulevard, Lau- rel; ~unded no~h by Cata:' lano and Pe~nic Bay Blvd., east by Keller, south by Bay, west by Pridgen; County Tax Map Item No. 1~-12~6- 13.2. ~:15 p.m,_ A~lication of Rose Dansker, 3~ Eaa b6th- ~Stre~ Apt. M~; New Iork, N~ ,,, 1~22 {by Gary Harmer Olsen, ~ Esq9 for a Variance to the 7~nlno ~dlnance_ A~. III.. Sec. ~-~l for approval of '. msu~oent area and wigth of~ . two pm~sed parcels locaed c' at ~eils aqaa~ Pe~mc~ ~I ~bound~ no~h by W~ls Road, west by ~ben, south by 'Rkhmond Creek~ east by . ,Krueger. County Tax Map~ , nero ~o. 'l~-~o-X~lO & 'l'l. ~ 9:~ p,m. Application of Sweeney, Ross, and p~vate riRht;of-way, south by ~ohn- ~on; Mormile, west by AleX- ander. County Tax Map Item Nos. 1~-I28-4-11 and 14. Dated: March 12, 1981. BY ORDER BOARD'OF~pPEAL~ CHARLES GRIGONIS, ~R., Chai~an LEGAL NOTICE LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Southold Town Board of )eals at the Southold Town Hall, Main Road, Southold, NY on Thursday, April 2, 1981 7:35 p.m. AoDlication of James V. Righter (for Fishers. Island Development Corp.), 58 Winter Street, Boston, MA 02108 for a Special Exception to the Zoning Ordinance, Art. III, Sec. 106.30B(8) for permis- sion to create additional em- ployee housing on second floor of Beach Club to match the existing housing on the west end of club, (also known as labor camp), to be located on the south road to the East End of Fishers Island, more par- licularly designated as County l~ax Map Item Nos. 1006-5-2- 7.3, 1000-4-4-12, 1000-1-1-3.6, 1000-4-6-9. 7:50 p.m. Application of 9avid L. Mudd, North Road, ~outhold, NY for a Variance to he Zoning Ordinance, Art. III, ~ec. 100-30A(2)[d] to con- ;truct farm tool shed with nsufficient rear and side yard ~etbacks at property located ,n the North Side of C.R. 48, ;outhold; bounded north by ,ieblein, east by Aliano, Lath- ~m and Morris, south by C.R. 8, west by Doroski; County 'ax Map Item No. 1000-59-9-28. 8:00 p.m. Application of )olores Strong, Box 1033, Mat- ituck, NY for a Variance to ~e Zoning Ordinance, Art. VI, ec. 100-61, 100-60C, Art. II, ec. 100-23 for permission to 0nstruct fence in the side, ear and/or front yard areas t 11455 Main Road, Matti- lck; bounded north by Van .yswyk and O'Neil, east by [ileska, south by S.R. 25 ~Iain Road), west by Bur- ~n; County Tax Map Item o. 1000-142-2-17. 8:10 p.m. Application of ope Prior Smith, 655 Pine eck Road, South01d, NY (by .W. Gillispie, III as agent) ,r a Variance' to: (a) New 0rk Town Law Section 280-A .r approval of access, a~d (b) e Zoning Ordinance, Art. III, ~c. 100-31 for approval of insufficient road frontage of two proposed parcels located on the north side of Pine Neck Road, Southold; bounded north by Jockey Creek and Lademann, east by Width, south by Kowalski, Pine Neck Road and Kohl, west by Lade- mann and Kowalski; County Tax Map Item No. 1000-70-5-31. 8:20 p.m. Application of Mary H. Lockwood, 465 Old Harbor Road, New Suffolk, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area, depth and/ or rearyard of parcel located at Old Harbor Road; New Suf- folk; bounded north by Ben- bow and Given, east by Cut- chogue Harbor, south by Whe- lan and Mason, west by Old Harbor Road; County Tax Map Item No. 1000-117-3-5 and 6. 8:30 p.m. Application of Peconic Corporation, c/o Nor- ris Grain Co., P.O. Box 1058, Ocala, FL 32670 (by Abigail A. Wickham) for a'Variance to tbe Zoning Ordinance, Art. III, Sec. 100-30 and 106-31 for per- mission to convert existing barn containing a one-family dwelling by adding a second dwelling (apartr~ent) on sec- ond floor. Location of proper- ty: South side of New Suffolk Avenue, Mattituck; bounded north by New Suffolk Avenue, east by Wickham and Bag-' shaw, south by Bay, west by Smith, Haberman and Camp Mineola Road; County Tax Map Item No. 1000-115-9-4. 8:45 p.m. Application of George L. Penny, Inc., 12585 Sound Avenue, Mattituck, NY for a Special Exception to the Zoning Ordinance Art. VIII, Sec. 100-80B(3) for permission · to construct storage building in a C-Zone at 12585 Sound Avenue, Mattituck; bounded north by Penny, east by North Fork Oil Heat, south by Sound Ave. and L.I.R.R., west by Parrish; County Tax Map Item No. 1000-141-3-37 and 38. 8:50 p.m. Application of George L. Penny, Inc., 12585 Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Art. VIII, Sec. 100- 81 for permission to construct storage building in a C-Zone with insufficient rear and side yard areas at 12585 Sound Avenue, Mattituck; bounded north by Penny, east by North Fork Oil Heat, south by Sound Ave. and L.I.R.R., west by Parrish; County Tax Map Item No. 1000-141-3-37 & 38. 8:55 p.m. Application of David I. DeFriest, Main Road, Southold, NY (by Irving L. Price, Jr., Esq.) for a Special Exception to the Zoning Ordi- nance, Art. III, Sec. 100-30B( 1 ) for permission to change use of existing dwelling from one- family to two-family dwelling use at 51320 Main Road, South- old; bounded north and east by DeFriest, south by Jankow- ski, west by Main Road; Coun- ty Tax Map Item No. 1000-70-2- 4. 9:05 p.m. Application of Victor E. Catalano, 22 Canter- bury Drive,~Hauppauge, NY 11787 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to build a one-story garage with · insufficient front and side yard setbacks at the south side of Peconic Bay Boulevard, Lau- Bay Boulevard, Laurel; bounded north by Connelly, east by Sweeney, Ross, and private right-of-way, south by Johnston, Mormile, weSt by _Ale_xander. County Tax Map Item N~s. 1000-128-4-11 and 14. Daled: March 12, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS · CHARLES GRIGONIS, JR., CHAIRMAN ' 1TM19-3647 ~ ~reenport, in said nnexed is ~ printed [olk Weekl~ Times ........... weeks tel; bounded north by Catala- / no and Peconic Bay Blvd., ' ................. east by Keller, south by Bay, west by Pridgen; County Tax Map Item No. 1000-128-6-13.2. Zoni the ~E I New York County O, 19~L5 9:uo p~m. 69p,ic'auon of Kenneth Brower, by William S. Midgley, Jr. as agent, 200 Skunk Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 .'. for permission to construct' garage with an insufficient sideyard setback at 495 Fish- erman's Beach Road, Cut- chogue; bounded north by Fisherman Beach Road, west by Baxter, south by Bay, east by McKeon. County Tax Map Item No. 1000-111-1-35. 9:45 p.m. Application of Margaret McGowan, 17 Aber- deen Street, Malverne, NY (by Gary F. Olsen, Esq.) for a Variance to the Zoning Ordi- nance, Art. III, Sec, 100-31 for approval of the insufficient area and'width of two parce{s due to the relocation of {or {ines. Location of property: R-O-W south of Great Peconic LEGAL NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following matters will be held for public hearings by the Southold Town Board of Appeals at the Southold Town Hall, Main Road, Southold, NY on Thursday, April 2, 1981: 7:35 p.m. Application of James V. Righter (for Fishers Island Development Corp.), 58 Winter Street, Boston, MA 02108 for a Special Exception to the Zoning Ordinance, Art. III, Sec. 100-30B(8) for permission to create additional employee housing on second floor of Beach Club to match the existing housing on the west end of club, (also known as labor camp), to be located on the south road to the East End of Fishers Island, more parti- cularly designated as County Tax Map Item Nos. 1000-5-2-7.3, 1000-4-4-12, 1000-1-1-3.6, 1000-4-6-9. 7:50 p.m. Application of David L. Mudd, North Road, Southold, NY for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-30A(2)[d] to construct farm tool shed with insufficient rear and side yard setbacks at property located on the North Side of C.R. 48, Southold; bounded north by Lieblein, east by Aliano, Latham and Morris, south by C.R. 48, west by Doroski; County Tax Map Item No. 1000-59-9-28. 8:00 p.m. Application of Dolores Strong, Box 1033, Matti- tuck, NY for a Variance to the Zoning Ordinance, Art. VI, Sec. 100-61, 100-60C, Art. II, Sec. 100-23 for.permission to construct fence in the side,"rear and/or front yard areas at 11455 Main Road, Mattituck; bounded north by Van Ryswyk and O'Neil, east by Mileska, south by S.R. 25 (Main Road),west by Burgon; County Tax Map Item No. 1000-142-2-17. Legal Notice of Hearings 'Page 2 Board of Appeals - APril 2, 1981 Meeting Adv. 8:10 p.m. Application of Hgpe Prior Smith, 655 Pine Neck Road, Southold, NY (by R.W. Gillispie, III as agent) for a Variance to: (a) New York Town Law Section 280-A for approval of access, and (b) the Zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient road frontage of two proposed par- cels located on the north side of Pine Neck Road, Southold; bounded north by Jockey Creek and Lademann, east by Width, south by Kowalski, Pine Neck Road and Kohl, west by Lademann and Kowalski; County Tax Map Item No. 1000-70-5-31. 8:20 p.m. Application of Mary H. Lockwood, 465 Old Harbor Road, New Suffolk, NY for a Variance to the zoning Ordinance, Art. III, Sec. 100-31 for approval of insufficient area, depth and/or rearyard of parcel located at Old Harbor Road, New Suffolk; bounded north by Benbow and Given, east by Cutchogue Harbor, south by Whelan and Mason, west by Old Harbor Road; County Tax Map Item No. 1000-117-3-5 and 6. 8:30 p.m. Application of Peconic Corporation, c/o Norris Grain Co., P.O. Box 1058, Ocala, FL 32670 (by Abigail A. Wickham, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-30 and 100-31 for permission to convert existing barn containing a one-family dwelling by adding a second dwelling (apartment) on second floor. Location of property: South side of New Suffolk Avenue, Mattituck; bounded north by New Suffolk Avenue, east by Wickham and Bagshaw, south by Bay, west by Smith, Haberman and Camp Mineoia Road;- County Tax Map Item No. 1000-115-9-4. 8:45 p.m. Application of George L. Penny, Inc., 12585 Sound Avenue, Mattituck, NY for a Special Exception to the Zoning Ordinance 'Legal Notice of Hearings Page 3 Board of Appeals - April 2, 1981 Meeting Adv. Art. VIII, Sec. 100-80B(3) for permission to construct storage building in a C-Zone at 12585 Sound Avenue, Mattituck; bounded north by Penny, east by North Fork Oil Heat, south by Sound Ave. and L.I.R.R., west by Parrish; County Tax Map Item No. 1000-141-3-37 and 38. 8:50 p.m. Application of George L. Penny, Inc., 12585 Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordi- nance, Art. VIII, Sec. 100-81 for permission to construct storage building in a C-Zone with insufficient rear and side yard areas at 12585 Sound Avenue, Mattituck; bounded north by Penny, east by North Fork Oil Heat, south by Sound Ave. and L.I.R.R., west by Parrish; County Tax Map Item No. 1000-141-3-37 & 38. 8:55 p.m. Application of David I. DeFriest, Main Road, Southold, NY (by Irving L. Price, Jr., Esq.) for a Special Exception to the Zoning Ordinance, Art. III, Sec. lO0-30B(1) for permission to change use of existing dwelling from one-family to two-family dwelling use at 51320 Main Road, Southold; bounded north and east by DeFriest, south by Jankowski, west by Main Road; County Tax Map Item No. 1000-70-2-4. 9:05 p.m. Application of Victor E. Catalano, 22 Canter- bury DriVe, Hauppauge, NY 11787 for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to build a one-story garage with insufficient front and side yard setbacks at the south side bf Peconic Bay Boulevard, Laurel; bounded north by Catalano and Peconic Bay Blvd., east by Keller, south by Bay, west by Pridgen; County Tax Map Item No. 1000-128-6-13.2. 9:15 p.m. Application of Rose Dansker, 300 East 56th Street, Apt, M. New York, NY 10022 (by Gary Flanner Olsen, Esq.) J. egal Notice of Hearings Page 4 Board of Appeals - Apr. 2, 1981 Regular Meeting for a Variance to the Zoning Ordinance, Art. III, Sec. lO0-31 for approval of insufficient area and width of two proposed parcels located at Wells Road, Peconic, NY; bounded north by Wells Road, west by Groben, south by'Richmond Creek, east by Krueger. County Tax Map Item No. 1000-86-2-10 & ll. 9:30 p.m. Application of Kenneth Brower, by William S. Midgley, Jr. as agent, 200 Skunk Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for permission to construct garage with an insufficient sideyard setback at 495 Fisherman's Beach Road, Cutchogue; bounded north by Fisherman Beach Road, west by Baxter, south by Bay, east by McKeon. County Tax Map Item No. 1000-111'-1-35. 9:45 p.m. Application of Margaret McGowan, 17 Aberdeen Street, Malverne, NY (by Gary F. Olsen, Esq.) for a Variance to the Zoning Ordinance, Art. III, Sec. 100-31 for approval of the insufficient area and width of two parcels due to the relocation of lot lines. Location of property: R-O-W south of Great Peconic Bay Boulevard, Laurel; bounded north by Connelly, east by Sweeney, Ross, and private right-of-way, south by Johnston, Mo~ile, west by Alexander. County Tax Map Item Nos. 1000-128-4-11 and 14. Dated: March 12, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS CHARLES GRIGONIS, JR., CHAIRMAN Instructions to newspapers: Please publish once, to wit, Thursday, March 19, 1981 and forward 13 affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971. Copies to: Suffolk Times Monday, 3/16/81 p.m. L.I. Traveler Tues., 3/17/81 a.m. Bulletin Board 3/17/81 3/17/81 to: Mr. James V. Righter Mr. David L. Mudd Mrs. Dolores Strong R.W. Gillispie, III Mrs. Hope Prior Smith Mrs. Hary H. Lockwood Peconic Corporation c/o.Norris Grain Co. George L. Penny, Inc., Box 57, Greenport Mr. David I. DeFriest Irving L. Price, Jr., Esq. Mr. Victor E. Catalano Mrs. Rose Dansker Gary Flanner Olsen, Esq. Mr. William S. Midgley, Jr. for K. Brower Mrs. Margaret McGowan Supervisor Town Board members Planning Board 0 0 Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD' MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. T,"r, R;' TUT::',LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki NOTICE OF DECLARATION PURSUANT TO N.Y.S. ENVIRONMENTAL QUALITY REVIEW ACT Appeal No. 2766. Application of: Rose Dansker. Location of Property in Question: Wells Road, Peconic, NY. County Tax Map Item No. 1000- 86-2- 10 & 11. ~ Project Proposed by Appeal Application: Area and width variance. ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the Southotd Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed herein is hereby classified as a Type II Action not having a significant adverse effect upon the environment for the following reason(s): An Environmental Assessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. Receipt is acknowledged of correspondence from the N.Y.S. Department of Environmental Conservation approving and/or indicat- ing no permit is necessary under their regulations for the project as proposed herein for the reason that it is beyond their jurisdiction. This declaration should not be considered a determination made for any other department or agency which may also be involved, nor for any other project not covered by the subject appeal applica- tion. Dated: March 12, 1981. By Order of the Southold Town Board of Appeals C GaRY F-LANNER OLSEN COUNSELLOR AT LAW P. O. BOX 38 MAIN ROAD · MATTITUCK, LONG ISLAND, NEW YORK 1195:~ · PHONE 516 :~98-4844 March 11, 1981 Re: Castelli to Dansker File # 2915 G en tlemen: Let this confirm that I have been advised this morning by Charles Hamilton of the New York State Department of Environmental Conservation that his department has no jurisdiction over this division due to the fact that the di- vision was by reason of inheritance. I-Ie will be writing you a letter this afternoon to that effect. GFO/clr Let this confirm that you will schedule a Public I-Iearingf~o{ your next meet- Very truly~U~s, / GAI~Y ~NNER OLSEN Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 cc: Rose Dansker cc: First Towne Realty Att: Deborah Edson cc: Ludwig Abruzzo, Esq. Gary FlaNNEr OLSeN COUNSELLOR AT LAW P. O. SOX 247 - MAIN ROAD - MATTITUCK, LONG ISLAND, NEWYORK 11952 -PHONE 516 298-4844 January ~l. 1981 l~tneker to ~etellt File # 2915 Dear R~rs. DanSker: Enclosed I~leaae find copy of a Notice of Complete Application which i received ~ morn~ from the N, Y. $, Dept. of Envh*~meutal Confervufiou. Plebe no~e that commenM must be addresse~ to the DF.C no later than Febru- ary B~ 1981 ~t that the DEC has determined that the pro~eet will not have a olfnffleant effect o~ ~ e~vJr~ent. This is an encouraftng st~n. I called the Southold Town Zoning l~oerd of Appeab this morning and requeeted that they proceed with ~ aMdieation with the undeHtanding that their final ~ision wm be ~tlnpnt ~ma ramble result from b DEC. I Itrelted ~t we would llke to do everyth~ possible to expedite this application. As soon as I have had further word, GFOIra eacl I will be inlcontaet with you. Very trul~ yourf~. ~. Ro~e Dnnmker 300 ~t 56th Street New York. New York Ludvif Abrusso, ~, S~thold T~n Zomin[ Board of Appeals cc: ENB Supervisor, Southold New(~ork St,rtl. I~)~.partlttl'nl ()1 t 11vlr()nmental (]~l~,rvatlon NOTICE OF COMPLETE APPLICATION U.S. Fish & Wildlife Service THIS IS NOT A PERMIT File TO: Applicanl Gary Flanner Olsen, Esq. For: Rose Dansker Address Box 38 Mattituck, New York 11952 Permit(s) applied for: Tidal Wetlands Date 1/16/81 App. Nos. TW 15276-0359 Project Description ~ and Site Location: Town Southold County Suffolk Subdivide .85 acres into two lots of approximately .42 acres in size. Applicant requests variance from lot size. Project is located on south side of Wells Road on Richmond Creek in Village of Peconic, Town of Southold, Suffolk County, N.Y. PUBLIC COMMENT: Applications may be reviewed at the address listed below and specific comments on the proj- ect, or a request to become a party-in-interest if a public hearing is held. must be submitted in writing to the contact person named below no later than February 11, 1981 (By law, tills date must be at least 14 days (30 days for a SPDES Permit) from the date the notice will appear in the Environmental Notice Bulletin.) LEAD AGENCY: NYSDEC SEQR DETERMINATION: (check appropriate box) [] SEQR-1 Project is not subject to SEQR because item"exempt, excluded, or a Type II action. [] SEQR-2 Project is a Type ! action; it has been determined that the project (.~1~9, will not) i~J . have a significant effect on the environment. A Negative Declaration has been prepared and is.pn' file. ~ SEQR-3 Project is an unlisted action: it has been determined that the project will not have a significant effect on the environment. [] SEQR-4 A draft environmental impact statement has been prepared on this project and is on file. L~ SEQR-5 A final environmental impact statement has been prepared on this project and is on file. C()NTACT: (nantt,, agency, address, telephone number) Daniel J. Larkin, P.E. NYS Dept. of Env. Conservation ~-. Bldg. 40, SUNY - Room 219 Stony Brook, N.Y. 1.1794 516-751-7900 TO THE Thi,, ~ to advise that your application ~s complete and a review hm, ( omnwm ed. Additional information may be requested from you APPLICANT: at a future date I deemed necessary ~n order to process the application. The project has been classified non-minor. Accordingly, a decision will be made within 90 days of the date of thi~ notice. If a public hearing ~s necessary, you will be notified within 60 days, and the hearing will commence with 90 days of the date of this notice. If a hearing ~s held, the final decision will be made within 60 days after the hearing is completed cc Chief Executive Otticer Environmental Notwe Bulletin Room 509 50 Wolf Road Albany, N Y. 12233 File APPLICANT APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ....... T'J'T~'.LL ROBERT J. DOUGLASS GERARD P. GOEHRINGER doseph H. Sawicki Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L,I., N.Y. 11971 TELEPHONE (516) 765-1809 January 21, 1981 Mr. David DeRidder, Assoc. Env. Analyst N.Y.S. Dept. of Environmental Conservation Building 40, S.U.N.Y. Stony Brook, NY 11794 Dear Mr. DeRidder: Several matters before the Board of Zoning Appeals have been held in abeyance, pending application to and approval by your department, and it is requested that you keep us advised regarding SEQRA and other developments concerning these matters: Appeal No. 2677 Ap. plicant Zebroski, Julius Location of Property James Creek (W/s Old Jule Lane, Mattituck). 2732 2740 2724 ~66 Witherspoon, Charles Carnes, Annette Golden Prout, Clara by Thomas Reed as agent Dansker, Rose by Gary F. Olsen, Esq. L.I. Sound (Sunset Lane, Southold). Pipes Cove (1445 Bayshore Road, Greenport'). Jockey Creek (465 Pine Neck Road, Southold). RiChmond Creek (S/s Wells Road, Peconic). 2772 Kontokosta, E.M. Bay (E/s Shipyard Lane, East (a/k/a Shipyard Marion). Lane Associates) by Richard F. Lark, Esq. Mr. David. DeRidder, Assoc. Env. Analyst N.Y.S. Dept. of Environmental Conservation January 21, 1981 Page 2 It would also be of great assistance to our department if copies of all material concerning new construction or subdivi- sions proposed within the Town of Southold could be forwarded by your office directly to this office, such as "Notices of Complete or Incomplete Application," SEQRA declarations, etc. Thank you very much for your assistance. Very truly yours, CHARLES GRIGONIS, JR. CHAIRMAN By Linda F. Kowalski Secretary ec ~ Paul V. Groben ~F ~ 3705 Wells Road Dear Sirs: ~ am t~e owner of a one-£amily residence at ~705 Wells ~oad, ?econic. The house is situated on a one-acre lot of creek front property that is bounded on the south side by Richmond Creek and on the east by a one-family residence on a creek f~ont lot of slightly less than one acre. This prop- erty was formerly owned by Mr. Dansker, who is now deceased. It is my understanding that the application for a zoning variance under consideration now, will permit the Dansker property to be divided and allow construction of another home on the other half. The result will be two homes, both situated on drastically undersized lots : A glance at the survey sketch will show the impossibility of complying with the Board of ~ealth regulations pertaining to sewerages disposal and drinking water, not only for the Dansker household, but for the proposed homesite and my own home as well, I am aware that variances of this nature have been granted in the past. I can only attribute this to a lack of knowledge of the extremely fragile and delicate nature of the local ecology, and in particular, that of creek front property. In the light of ever increasing environmental knowledge, it becomes Clear that population density should be a signifi- cant factor in making a decision of this sort. At present, I think it can be reasonably assumed that one acre of land will not support more than one household without serious enviornmental damage. As further evidence of the frail nature of the Eco- System of the area, I call the attention of the Board to the recent discovery of the dangerous chemical Temik in the water supply. In consideration of knowledge of this sort, I think that the Board will agree that great caution and prudence should be exercised in the determination of land usage, not only for the benefit of existing residents, but also for those who, through the ignorance of these facts, will beseige the Board again and again, to bend the rules in their favor. If the Board is strong in its resolve to protect the land and waters of the community for the residents present and future, it will use the tools of its office to deny this application and all others like it. I have given much serious thought to the subject of Downzoning and I would like to remind the board that their decision will be observed by many people with a great variety of interests. There will be individual property owners who will share my own conservative views and will salute you for making a conservative decision. There will also be people whose interest will be more of a material nature, to whom the prospect of financial gain outweighs all other considerations. i think the time has arrived for the Board to show. which side it is on, now. i urgently request the Board to ~ this application, and by so doing, serve notice to all interested parties that the Board is determined to interpre~ the zoning laws of the community in a way that will protect the resources of the land and waters for the benefit of all. Sincerely, Paul V. Groben PI HENRY E. RAYNOR. Jr., Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. Southold, N.Y. 11971 January 2, 1981 TELEPHONE 765-1938 Mr. Charles Grigonis, Chairman Zoning Board of Appeals Town Hall Southold, New York 11971 Dear Mr. Grigonis: The Planning Board reviewed your referral regarding Rose Dansker who is seeking a variance for insufficient area and width of two parcels at Wells Road, Peconic, New York. The Planning Board would require this matter to follow the subdivision procedures of the Code of the Town of Southold if the variance is granted. As proposed the Planning Board would not approve this subdivision. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD New York State Department of Environmental Conservation Regulatory Affatrs Unit Bldg. 40, SUNY - Room 219 Stony Brook, New York 11794 516-751-7900 Robert F. Flacke Commissioner tis. Linda Kowalski Southold Town Board of Appeals Main Road, Route 25 Southold, New York 11971 ,December 18, 1980 Re: Appeal No. 2766 -Application of Rose 9ansker located at 3575 Wells Road, Peconic, Town of Southold Dear Ms. Kowalski: In response to the above notice I am writing to inform you of this Department's views and recommendations. The parcels indentified as Nos. 10 and 11 on the Suffolk County Ta~ Map included with your letter require filing for a State Wetlands permit if any development takes place. Also, construction of a principal build- ing such as a single family dwelling on the vacant parcel will require a variance from this Department's minimum lot size requirement of 40,000 sq. ft. where there is no public or community sewage disposal system. Variances are granted in cases where the applicaztean show that no undue adverse impact on the present or po~ential value of any tidal wet- land will ensue as a result of the action. With the limited information available this Department reserves the right to independently apply SEQR when we receive a State Tidal Wetlands permit apPlication. Of course, if the Town or any involved agency determines that an EIS is required no agency can issue a decision on the action until a final ElS has been filed. M~. ~inda Xowalski Board of Appeals TOga. of Southampton c -2- December 18, 1980 Thank you for the opportunity to comment on your application, DDR:ll Very truly yours, David De Ridder Associate Env, Analyst cc: D. Larkin C, Hamilton COUNTY OF SUFFOLK DEPARTMENT OF HEALTH SERVICES December 16, 1980 DAVID HARRIS, M.D., M.P.H. COMMISSIONER Mr. Charles Grigonis, Jr., Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Re: Appeal No. 2766, Rose Dansker, 3575 Wells Road, Peconic Dear Mr. Grigonis: We are in receipt of your letter, dated December 4, 1980, concerning the above. Based on the information available to this Department, the westerly parcel (number 11) may not meet our minimum standards for new construction of a septic system and water supply. The groundwater quality in the area is marginal and distances between the septic system and surface waters will be less than one hundred (100) feet. Should you have any questions, please feel free to contact the under- signed. Very truly yours, Royal R. Reynolds, P.E. Public Health Engineer General Engineering Services RRR:cah COUNTY CENTER · RIVERHEAD, NEW YORK 11901 (516) 727-4700 APPEALS BOARD MEMBERS CHARLES GRIGONIS, .IR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER ,Joseph H. Sa~icki Southold Town Board o£Appeals MAIN ROAD-STATE ROAD 25 SOUTHDLD, L.I., N.Y. 11~'71 TELEPHONE (516) 765-1809 December 15, 1980 Gary Flanner Olsen, Esq. Main Road, Box 38 Mattituck, NY 11952 Re: Appeal No. 2766 - Application of Rose Dansker Dear 'Mr. Olsen: Mr. Robert Thurber of the N.Y.S. Department of Environ- mental Conservation Office in Stony Brook has this date advised this office that an application must be made for a variance from the minimum lot area of 40,000 square feet where such future dwelling will be served by a private sewage disposal system, Section 661.6(a) and (b) of Article 25 of the Environmental Conservation Law. The subject application will be held in abeyance pending receipts of written approvals from the D.E.C. If you have any questions, please do not hesitate to call. Sincerely yours, CG:lk CHARLES GRIGONIS, JR. CHAIRMAN GARY FLANNER OLSEN COUNSELLOR At law P. O. BOX 38 MAIN ROAD · MATTITUCK, LONG ISLAND, NEW YORK 11952 · PHONE 516 298-4844 - January 13, 1981 Re: Dansker to Castelli File # 2915 Gentlemen: Enclosed please find a Notice of Incomplete Application dated January 8, 1981, which I received in this mornings mail from the New York State Department of Environmental Conservation. I called the DEC and spoke to Dennis Cole, and he advised that there was nothing further for me to do and it was now up to the Department to determine who will be the lead agency. If you need any further information from me, please do not hesitate to call my office' GFO/clr Eric. Very truly yours, Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 cc: Dept of Environmental Conservation Att: Dennis Cole cc: Rose mansker cc: Ludwig J. Abruzzo, EIsq. 0 0 I'.].~ f YO212 DEPARTI.OX7£ CF DI;qfI2fI'~ITAL CO~:SEEVATICI~ Bldg. 40, SUNY, Stony Brook, N.Y. 11794 I~CTICE OF INCOMPLETE APPLICATION TO: Gary Flanner Olsen, Esq. Box 38 Mattituck, N.Y. 11952 ~.,1.,~. January 8, 1981 For: Rose Dansker 300 E. 56th Street New York, New York 10022 Pozw~it A~,~lied For: Tidal, ,,Wetlands Locatior Richmond Creek A:~,~licatior.~ It%unoor. TW 15276-0360 (Pieaso refer tc thi¥ ~':u~m'be¥'"ir: ,3_1 your-C'o-rros,~or:der.,.ce.) YOUR APPLICATION FOP, TI{IS PEI~T IS !I~.C..CP~LETE. You £ailo¢. to include ~,ith your a,~-~licatior, the f~l a~unt ~o required fcc. Please submit a chock or moncy order in the s~unt of $ .... paysJ~le to ~S DEC. Pl.~,~e ouommt tho follo~i~:g '~'~' It aooears that other DEC ~oc~nuits nsj- bo required in connect- mot with your nro,~osod ;~rojoct. I~ order for a com'~rche~Lsive re- vieu of s~l )]DC oo',uuits for this ,~ject to bo made,it is r:ecess- a~y for you to submit a,oolice.tio~:s for thc follo%-.~ng permits: t:,~t all ~ermits not bo ~rocess- If you have.,.~:.~.~'~s~'~., to request '~-~ ed simultaneously, r. otify ,~en'..~it_,.,~,'o~,t, .. bolo?.~ to discuss matter. ~6~It has boon dotcrmined that "rout nroject is subject to tho Environm~ontal Consorvat'~on. I,m~, tho Stat~ Envi~nment~ ~ualmty ~Mviow n. ct(,~;~. Your e.~!icr.tion will be co~?sidered comolete ~-:hen lead agency is established and a dete~ination of significance is completed. For Fu~her infornatio~:, cot:tact this Office: IF YOU 1'fiSH TC ~THDR;2f YOUR .'~PPLICATIOIV ~,THER THAN CO}.~LETE IT, PLEASE }~OT~Y TIIE PEI~'~T AGENT FCR PJZFUI'~D CF ;3PLICATICN FEE. 2- 5- ( c/77) c. c. 1-FILE GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 38 * MAIN ROAD · MATTITUCK, LONG ISLAND, NEW YORK 11952 · PHONE 516 298-4844 anlo Ippeals Re: Dansker to Cas~elli File ~ 2915 Gentlemen: Enclosed herewith please find a survey prepared by Van Tuyl showing the vacant parcel adjacent to the house parcel owned by Mrs. Dansker. This vacant parcel was bequeathed by William Dansker~._deceased, to his sons. Verytru/Iy ~urs ! GFO/ra -GAI~Y FL~ ~~-S~FI%~ .... ~ enel Southold Town Board of Appeals Main Road Southold, New York 11971 Southold Town Board of Appeals MAIN ROAD- -~TATE ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. TERRY TUT:;;LL ROBERT J. DOUGLASS )EoRARD, P..GOE~RINGE~ sepn H. 5aWlCKi TO: FROM: DATE: Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Southold Town Board of Appeals December 9, 1980 SUBJECT: Application of Rose Dansker - Appeal No. 2766 Recently the subject appeal was filed with this Board seeking a variance for approval of insufficient area and width of two-parcels at Wells Road, Peconic, New York, for 10,250 and 13,500 square feet and 80 and 90 feet in width, respectively. Inasmuch as this is a matter which must be referred to your Board, the Board of Appeals would like to know: (1) whether or not your Board will require this matter to follow-up with the subdivision procedures of the Code if this variance were granted; (2) whether or not your Board will be approving the subdivision as proposed. Sincerely yours, CG:lk Encl°sure~4~ J~ ~) CHARLES GRIGONIS, JR. CHAIRMAN APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR.,CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER Joseph H. Sawicki Southold Town Board of Appeals MAIN ROAD- BTATIE ROAD TELEPHONE (516) 765-1809 December 9, 1980 Gary Flanner Olsen, Esq. Main Road, Box 38 Mattituck, NY 11952 Re: Appeal No. 2766 - Application of R~pse Dansker Dear Mr. Olsen: Please be advised that at a regular meeting of the Board of Appeals held December 4, 1980, it was decided that this matter be held in abeyance pending receipt of comments from the Suffolk County Department of Health Services and the N.Y.S. Department of Environmental Conservation, pursuant to Article 25 of the Environmental Conservation Law, Sections 661.6(a) & (b). Correspondence was forwarded to these agencies on Decem- ber 4, 1980 and a response is anticipated within three weeks. We will keep you advised regarding developments. Sincerely yours, CHARLES GRIGONIS, JR. CHAIRMAN By: Linda Kowalski Secretary 0 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11g71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS -~RLES GRIGONIS, .IR., CHAIRMAN DOYEN, JR. ~ERT J. DOUGLASS RARD P. GOEHRINGER seph H. Sawick~ December 4, 1980 NOTICE OF COMPLETE APPLICATION To: N.Y.S. Department of Environmental Conservation Suffolk County Dept. of Health Services Re: Appeal No. 2766- Application of Rose Dans~er. Location: 3575 Wells Road, Peconic, Town of S°uthold Dear Sirs: This Department has received a complete application regard- ing the above-entitled matter wherein applicant(s) are.requesting approval of insufficient area and width of two proposed parcels which became merged .due to the lapse of time. Pursuant to Section 617.4(c) of the N.Y.S. EnVironmental Quality Review Act, your comments and recommendations on this proposed project are requested as early as possible. A public hearing on this appeal application is tentatiYely scheduled for January ]98]. We shall interpret a lack of response by December 26, ]980, to mean there is no objection by your agency. Enclosed for your review are copies of the subject applica- tion. For further information, please contact our secretary, Linda Kowalski at (516) 765-1809 or 1802. Sincerely yours, CG:lk Enclosures CHARLES GRIGONIS, JR. CHAIRMAN K JUDITH T. TERRY - TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 December 3, 1980 TELEPHONE (516) 765-1801 To' Southold Town Zoning Board of Appeals From' Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2766 application of Rose Dansker for a variance. Also included are notification to adjoining property owners as follows' Lura Kruger, Wells Road, Peconic, N.Y. 11958; Paul Groben, P.O. Box 3938, Wells Road, Peconic, JTT/bn Enclosures N.Y~ 11958. Town Clerk TUT-NOTE GARY FLANNER OLSEN COUNSELLOR AT IAW P. O. BOX 38 - MAIN ROAD N1ATTITUCK, L. I., NEW YORK 11952 (516) 298-4844 TO: Southold Town Zoning Board of Appeals ''] Main Road Southold, New ~Srk 11971 i I Re: Dansker ! Variance File # 2915 Enclosed please find an Application for a Variance in re the above captioned matter, along with my attorney's check in the sum of $15.00. Encs. SIGNED DATE: lz[~./uu/clr SIGNED DATE: INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed tha~ the preparer will use currently availabie information concerning ~he project and the likely impacts oF the action. It is not expected that additional studies, research or oCher investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it Es likely tha¢ this project is not significant. (d) Environmental Assessment 1. Wi'Il project result in a-large physical change to the project site or physically alter more than 10 acres of land? ........................ YesX No 2. Will there be a major change to any unique or unusual land form found on the site? .......... L YesX No 3. Will project alter or have a large effect on existing body of water? ....................... .Yes~ No 4. Will project hove o potentially large impact on groundwater quality? ....................... YesX No 5. Will project significantly effect drainage flow on adjacent sites? ........................ Yes~....No 6. Will project affect any threatened or endangered plant or animal species? ........... ..YesX No 7. Will project result in o major adverse effect on air quality? ............................... YesX No 8. Will project have a major effect on visual character of the community or scenic views or vistas known to be important to the community? Yes~ No 9. Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated os o critical environmental oreo 10. Will project hove o mo3or effect on ex~sting or future recreational opportunities? ......... Yes~ No 11. Will project result in major traffic problems or cause o major effect to existing transportation systems? ....................... Yes~ No 12. Will project regularly cause objec[ionoble odors~ noise, glare, vibration, or electrical disturbance as o result of the project's YesX No operation? .................................... 13. Will project have any impact on public health Yes~ No or.safety? ................................. 14. Will project affect the existing communi[~ ~-~ directly couszng o growth in permanent population of more than 5 percent over o one year period or ho)~ major negative effect on the chara'cte~/of ~he community or neighborhood?./ .... rJ'/' ............... ;; ..... ,Nd 15. Is there public con~versy concerning ~ne REPRESENTING Rose Dansker DATE Decembe~ 2. 1980 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of ROS]E DANSK]ER to the Board of Appeals of the Town of Southoid- TO: Lura rKruger Paul Groben NOTICE 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) (::~qle~l~al:~Ft01g~l~lll:ll:lx)x(:~el~ (the following relief: Area lind with Variance ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: Bounded on the North by Kruger; East b.y Richmond Creek; South by Groben_.' West by Wells Road 3. That the property which is the subject of such Petition is located in the following zoning district: Agricultural/Resid ential 4. That by such Petition, the undersigned will request the following relief: Variance Area and with 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III Section 100-31 and Bulk Schedule 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular ot~fice hours. 7. That before the relief sought may be granted, a public hearing must ~n the matter by the Board of Appeals; that a notice of such hearing must be published at least fiv~days pric}r to the date of such hearing in th~ Suffolk Times~and in the Long Island Traveler-Mattituck Watchman, newspapers published ih the Town of Southold and designated for the publication of such notices; thal/you or yo~fr representative have the right to appear and be heard at such hearing. / / / / · Rose Da, ~r Dated: December ,. 1980 . ~ . )a,~rj/ / Peti~tioner,~ ~/ry/(~"'ia'nner Olsen, Post Office Address P.O. Box 38, Main Road Mattituck, New York 11~'52 O NAME PROOF OF MAILING OF NOTICE ADDRESS Lura Kruger Paul Groben Wells Road Peconic, New York P. O. Box 3938 Wells Road Peconic, New York 11958 11958 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Cherie Lynn Russell , residing at (no number) Bergen Avenue, Mattituck, New York , being duly sworn, deposes and says that on the 2nd day of December ,19 80 ., 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- fice at Mattituck. ~Iew York ~ ; that said Notices were mailed to each of said persons by (certified) ~ma~~ ' (/~~~~ / ~ ' Swornto'-/i-r-z~''/-'/~eo~r~ep~,~/ 2~ ' ' ~herie Lynn~ussell day of ~ ~e~// ,1~80.. _ ~ , ~oqary Public ~ GAR~ FL~,~-~E~ OLSEN I'lolory P~B{ic, 5tat~ o{' ~-~x~. No. 52-2759~00 Qualified in SuffcJk County Term ~ir~ March 30, I, WILLIAM DANSKER, also known as %~fLLY DANSKER, do make, publish and declare this to be a First Codicil to my Last Will and Testament dated February 20, 1976, hereby revoking all other Wills and codicils by me at any time heretofore made. FIRST: I hereby delete paragraph FIFTH of my Will dated February 20, 1976 and substitute the following: "FIFTH: I give and devise my residence in Peconic, New York (the "Premises") to my wife, Rose Dansker, if she still surviVes me as my wife and I am still the owner of said Premises at the time of my death. The foregoing gift and devise shall not include the lot adjoining the lot upon which my home in Peconic is situated. If at the time of my death my wife, Rose Dansker, does not survive me, I give and devise the Premises.to my issue then living, per stirpes." SECOND: I hereby ratify and confirm my Will dated February 20, 1976, as modified above. IN WITNESS WHEREOF, I have hereunto set my hah4 ~d seal this 13th day of August, 1979. SIGNED, SEALED, PUBLISHED AND DECLARED BY WILLIAM DANSKER, Testator, as and for a First Codicil to his Last Will and Testament dated February 20, 1976, in our presence and we thereupon at his request, and in his presence .... William bansker and in the pressenee of each other have hereunto subscribed our names as attesting witnesses and our re- spective places of residence on the day of the execution thereof. ~esiding at residing at residing at -2- WILLIAM DANSKER Dated: February 20, 1976 O~ ROBIN $ON,S LVERt4AN,P-~RcE. ARONSOHN,$AND & BERMAN ~:30 PARK AVENUE NEW YOt~H,~ N. Y. JO0t7 I, WILLIAM DANSKER, also known as WYLLY DANSKER, do make, publish and declare this to be my Last Will and Testament. hereby revoking all other Wills and codicils by me at any time heretofore made. FIRST: I direct that all my just debts and funeral expenses be paid as soon as practicable after my death. I direct that all estate, transfer, succession, inheritance, legacy and similar taxes, together with interest and penalties in respect thereof, if any, upon or with respect to any property required to be included in my gross estate under the provisions of any tax law and whether or not passing under this Will or any codicil here- to, and upon or with'respect to any person with respect t° any such property, shall be paid out of my residuary estal and I direct that there shall be no apportionment of any such taxes, interest or penalties. SECOND: I give ~nd~bequeath all tangible per- sonal property that I shall own at the time of my death together with the unearned premium on all policies of in- surance in force and effect at the date of my death with respect to such property to my wife Rose Dansker or if ~she shall predecease me to my children surviving me in equal shares. .J~~.~ O O THIRD: tO my wife Rose Dansker if she shall survive me. FOURTH: In the event that my wife Rose Dansker shall survive me and we shall be married to each other at the time of my death, I direct my executor to set apart the sum of $450,000, provided however that if $450,000 is less than an amount which shall equal one-third of my net testa- mentary estate (the gross value at the time of my death of all assets passing under this Will and any codicil hereto less the aggregate of my debts, funeral expenses and admi- nistration expenses payable by my executor, exclusive how- ever of all estate, inheritance or other death taxes or duties payable by reason of my death), then, instead of $450,000, I direct my executor to set apart one-third of my net testamentary estate. I give and bequeath the sum so set apart as aforesaid to my trustee hereinafter named in trust nevertheless to pay or apply the net income therefrom quarterly to or for the use of my wife Rose Dansker during her life and upon her death to transfer, pay over and deliver the principal thereof as then constituted to my issue then living per stirpe~. Anything hereinbefore contained to the contrary notwithstanding, I direct my trustee at any time and from time to time to pay or apply to or for I give and bequeath the sum of O O the use of my said wife from the principal of the trust fund all or so much thereof as shall' be necessary or as my trustee shall deem appropriate to defray the expenses of any illness, accident or other emergency which my said wife shall incur or to enable her to reside, together with a nurse or other companion, if necessary, at the apartment in which she and I shall reside at the time of my death or at another appro- priate residence chosen by her. I direct my trustee to ex- pend whatever shall be necessary for the foregoing purposes so that in no event shall my said wife be required to move to or live in a nursing home or other similar institution. For the purposes of the preceding pro- visions, the expenses of any illness shall include, but not be limited to, the expenses of hospitals, doctors, dentists, nurses, attendants, drugs, travel in connection with any medical services, rehabilitation and any related expenses required by reason of age or infirmity. Any payments or applications of principal made by my trustee pursuant to this Article FOURTH shall be absolute and free from all trusts and the judgment of my trustee as to the amount and appropriateness of. any such payment or application shall be final and conclusive upon all persons interested in my es- tate or this trust fund. If my said wiie shall become incapaci- tated and her doctor shall certify in writing to my trustee that my said wife is incapable of managing her own affairs, I direct that during such period of incapacity all decisions with respect to payments or applications of principal to or for the use of my said wife pursuant to the preceding provisions of this Will shall be made jointly by my trustee and my said wife's son, Dr. Martin C. Ushkow, presently of Syracuse, New York. Dr. Ushkow shall receive no compensation for such services. If Dr. Ushkow is deceased or for any reason my trustee cannot obtain an expression of his views, my trustee shall make all such decisions solely and without the necessity of having Dr. Ushkow join therein. FIFTH: I give and devise my residence in Pec~)nic, New York ("the premises") to my wife Rose Dansker for her use during her life. At the death of my said wife or at such~ time as my said wife shall vacate said premises, whichever shall first occur, I give and devise the premises to my issue then living ]~ stirpes. I direct that 'my said wife shall not be required to furnish any bond or other .security for the safe- keeping of the premises. I further direct-~ that my said wife shall not be under any obligation to account for or to repair any waste, injury or damage to or depreciation or depletion of the premises other than such as shall be reiumbursed by insurance. During the occupancy of the premises by my said wife, I direct her to pay all taxes, assessments, . O © water charges and insurance premiums relating to the p~e- raises and all expenses of heating, electricity and other utilities and other normal expenses of maintaining the pre- mises'. If my said wife shall decide to vacate the premises during her life, I direct her to give at least 60 days notice in writing to my issue then living per stirpes of her intention so to vacate and upon vacating the premises at the expiration of such period she shall no longer be obligated to defray the foregoing expenses. SIXTH: I give, devise and bequeath all the rest, residue and remainder of my estate both real and personal and wheresoever situated which shall belong to me or be subject to my disposal at the time of my death ("my residuary estate") to my issue surviving me per stirpes. SEVENTH: I appoint Manufacturers Hanover Trust Company, a New York corporation, to be the executor of and trustee under this Will. I direct that no executor or trustee herein named shall be required to furnish bond or other security in any jurisdiction where it may be called upon to act. My corporate fiduciary shall be en- titled in each capacity to the commissions of a sole fi- duciary under the New York law in effect when payable; provided: (1) my corporate executor shall be entitled to commissions on all real and personal property owned by me at my death (except a residence which passes to my wife or to her and my issue by devise or by operation of law, life insurance not payable to my estate, and personal pro- perty owned by me in joint tenancy which passes by operation of law); (2) my corporate executor's commissions shall not be less than those allowable on commissionable assets of $200,000; and (3) my corporate trustee's annual commissions for each trust shall not be less than $750, and to the extent that exceeds the statutory amount, the excess shall be paid from principal. EIGHTH: If any legatee, devisee or beneficiary under this Will or any codicil hereto (such person being hereinafter referred to as "such objectant") shall inter- pose objections to the probate of this Will or any codicil hereto, or institute or prosecute or be in any way inte- r~ested or instrumental in the institution or prosecution of any action or proceeding for the purpose of setting aside or invalidating this Will or any codicil hereto or any portion of this Will or any such codicil, then and in each sUch case I direct that such objectant shall receive nothing whatsoever under this Will or any codicil hereto and that any bequest or devise made to such objectant in this Will or in any such codicil shall be added to and disposed of as a part of the principal of the trust fund held for the benefit of my wife Rose Dansker pursuant to Article FOURTH of this Will, provided however that upon the death of my said wife the principal of such trust fund as then constituted shall be distributed as if such objectant had predeceased my said wife without leaving issue surviving her irrespective of whether such be the case. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day ofy~/~~ 1976. SIGNED, SEALED, PUBLISHED AND DECLARED by WILLIAM DANSKER, the Testator, as and for his Last Will and Testament, in our presence; and we thereupon at his request, and in his presence and in the presence of each other have hereunto subscribed our names as attesting witnesses and our respective places of residence on the day of the execution thereof. Residing at -7- THIS IY4DKNTURE, made B~T~N JOSEPII R. County and £tato of 3rd day of October , nineteen hundred and sixty-th. Poe NAilON, rSsiding'at l? Charlton Street, City, York party of the first part, and i,FILLI/~3-1 DANS/i. ER residing at 148-2~ 89t1~ Avenue, Jamaica, Queans Oou~uty, I~ow York, l:~rty of the second part, WITNESSETH, that the pauly of tho first part, iu con:;tdera~lon 'of Ten Dollars ~d other valu~le ~n- slderatton paid by tho party of tho second l~art, does l~er,~by grant and roles,so unto the p~ty of second part, tho heks' or successors and mssi,jn~ of tho pariy of tho sccoud part loreVor, ~ ~ai certain plot, piece or p~rcel of ]m~d, wiik l]~o buildings and improvemon~ ~eroon situ~ie, l~g~dbeingi~J~/ at l'ooonic, 'l'ov~ of Southold, County of S~folk and ~tato of Now York, ~d moro particularly bounded and doacz, ibod as follows:- BEGINi~NG at a point on tho curved southoasto],ly l~io of '.'iolls Road, distant 3605.08 foot southerly ~d southwesterly along said Walls Road frail] ~ho Nain Road, said po~t of bog~ning bo~g tho iiorthwestorly corner of land of William D~skor; from saidoPoint oF bogim]~g~zuzminF thence al0n[~ land of D~skor ~outh ~1 4~1' 00" East a distance of 17~ foot to the ordinary high water mark of l{ic~ond Crook; thence southwesterly along said high water mark 1~0 foot, t:]oro or loss, to an iron pipe ~&ich is 2;outh 60° 0~" ~0" a dist~uco of ~9.64 foot from the ~,st described point; thence along land now az- formerly of i~athryz~ l';.Uolls, ilorbort %.1. l']olls, (;ladys W. i,orwin, Carol E. Walls, Alice B. ~;olls and Elizabeth lfolls W~d, i;orth 31° 08' 00" ;-lost a distance of 14l[.2 foot to ~ iron pipe on said southeasterly line of %qolls Head; thence northeasterly along said southeasterly line of ['lolls aoad on a c~vo to the loft having a radius of ~6.6 foot a distance of 90 foot to tho point of bogin- ~',~akD~D to be tho same promises convoyed to tho party of tho first part by dead from Kathr~ h. Walls, llorbort Gladys W Morwin, Carol E 'dolls, Alice B. %'lolls and Elizabeth ~:olls Ward, dated December 10, lC)~9 and recorded In tho Suffolk County Clerk's 0ffico at R. ivorhoad, }Iow York, on December 14, 19~9 ~ Libo~ ~740 cp 261, and subject to th6 covenants and ros~rictions therein contained. TOGETHER with all fight, title and interest, if amy, of the party of the first part of, in ccd to an~ ~treets and roads abuttinq the above-described premises to the center lines thereof; TOGETHER the appurtenances and a!l the estate and ri,3hts of ihe first part in and to said premtses; TO HAVE AND TO HOLD tho premises heroin grc, ntcd unlo tho party of the-second part, the heirs or cessors cznd assigns of the party of the second part forayer. AND the ~ of the first part covenants that the party of the first part has not done or suffered any. thing whereby the said premises have been encumbered in any way whatever, except as a. forescdd. iAND the party of the first part, in compliance with Section 13 of the Lion Lc~w, covenants that the party' of the first part will receive the consideration for this conveyance and will hold the fiqht to receive such consideration as a trust fund to bo air, lied flint for tho purpose of payLng the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpo::e. Tho word "party" shall bo construed as if it read "par[ios" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day crud yeca: first above written. LN l~nw.~ENCE OF: / V b'1'ATE OF NEW YORK. COUNTY OF SS.' On the day of 19 , before r,-n'~'.'~ cr ~;zv; Yom:. co.,.q~' or !:E;V YOPK c;)~ ;.~ 5th c?:. ,.; October, JO6~?H R. NAFON 1,~ I':,' t'~c,''~ i, 1 ',~,~ ;,,Ii ;,!;':! ~!~:'"':~ '~! i'., ~'~! '~ ~L~me v State or ~6w,~r~ ~'~ P,,blic, St~le of Ne,, o,. .'... ,. r,:,~, ii!,,] in N. ¥. ~,~!y Clerk "-. ~ , C STA~: OF NEW YOR~ COUN~ OF On rite day of 19 , be{ore nie i~orson,dly como tho subscribhi.q v;ilnosa to tho forc~.oing instrument, ..... ,,_ .., ,. . ~ "~ ~ .' ,' ~ · by mo duly sworn, did dopose and say ~at ho ~ ~; ~.F~ ';. ';~:f/ [; m. ~l v~..~% . to be the individu~ ' on;~ 2 ,~ ; described in crud who exoodod ilw, '.~,~(.Ioi~q in:dm: ~~' ~_ '~ ' Ii '. ~~"~ ~~ ,'d. ~[i ..... ~i" ~ ,,o; ,t;:~ ',~;J/~,: ;5~ ~'i'N~/~I' :~.~ o~dment;::awthat ho, :;~ ,ici subm:ril ,i,,, ~exocuto fi:o v..ll,,, ..m,~;atne; andV;rmthall ,rosen!ho, said corporation, ~d b~at ho Nlgn~ ~ ..... ~' said witnezs, at lhe same ~illlo subscribud h name 0 ~ k... [1 l--q ' .I flECORDEB oCT, 9 NORr, tAN E. KLIPP Clerk of Sn,,o,k Coulllll Re, cord . nd Ret n rn 7~ Lipetz & McNulty, Esqs. 175 qriffing Avenue Riverhe,'td, New York Stsfldard N.Y.B.T.U. Form 800? * 10-~: , 'M-Barsain and Sale Deed, with Covenant asaint~ Grantor's' ' -Individual or Corporation TI'IlS iND~ BE'F~ '! /0 COu~ty~' New:York-~ day of January , nineteen hundred and fi£ty-seven at 2 Ray Lane, Nalvevne, Nassau _party of the first part, and .WILIff~A~I DANSKER, residing at 1~8-25 89th' Avenue, Jsmaica,'~ ~Queeus county, New York, party of the second part, ' WI1~E~"II-I, that the party oI the first part, in consideration of S.*EN AND 00/100-' i..' '_, ~, _ , -...~,'-' .............. ($10'00) .............. doll--s, lawful money of the United States,and other good and Valuable cons ideratiOn' paid by the party of the second part, do~s hereby grant and release unto the party of the second pa~ the'heirs or successors and assigns of the party of the second part forever, ALL that certain, plot, piece or parcel of land, with the buildings, and improvements thereon erected; sitUate, lying and being i~lZfl~Or at Peconic, in the Town of Southold, County of Suffol~ and State .of New York, bounded and described as follows:- -BEGINNING at a stake set .in the easterly line ofA~'ells Road, distant 3525.54 feet southerly measared along, tho eas.'t~.e..rl'Z line of Wells Road from the corner formed by the intersection of 'the east- erly line of Wells Road with the southerly line of Main Road, Said point of beginning being the soutbwester].y corner of land conveyed to Henry C'. ~ueg~r, Jr., and running thence along said land conveyed to ~ e ~ueger~,~S.°uth 69 de~:~es ~9 mmnut s 40 seconds East, a distance of 1~9.57 feet to the ordJ. nary hi~ water]mark of Ric~ond's Creek; r~nnlng thence tn a southwesterly ~[Srection along said ordinary high water mark of Ric~ond's Creek; a distance o.e_ 1.29 fee't, more or loss, to a. point..., '. distant SoUth 29 degrees t2 minutes:west 128.5 ~eet f~om tho .~ermi~u.s_.qf the last course; vu. nn~ng th,ncc alonF: laud now or' formerly of G. ~. Well Estate North :l degre:.s ~[~. minutes 00 seconds-.West a dis~3ance of 160 feet to a stake set in the easterly line of Wells Road; running t~nce northerly along 'said easterly line of Wells Road on a curve to the left- (having a radius of 2:6.60 feet) a distance aloflg said curve of feet to the Point or plsco of TO:E~:~.R with all t~e right, title and interest of the party of the of ~:.rst part, if an~., in and to the beach, waters and l~d unde~ TOGETHER with all right, title and interest, if any of the party of the)'first part in antl to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAYE AND TO HOLD the .premises herein granted unto the party of the second part, the heir; or successors and assigns of the party of the second Part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WrFNF.,~ WHEREOF, the party of the first part has duly executed'this deed the day and year first above written. STATE OF NEY( YORK, COUNTY OF '~- ss: On the /tS day of * '" ~ '""1957 before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that :' ',) executed the ~me. STATE OF NEW YORK, COUNTY OF personally came ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal .Of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. STATE OF NEW YORK, Ce',~,NTY OF On the day of personally came II to me known to be the individual executed the foregoing instrument, and acknowledged that executed the same. 'J' "' 19 , before me ~ described in and who i STATE OF NEW YORK, COUNTY OF On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom [ am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. H }-4 RECORDED JAN t I 1957 ALI;;X JAliOlliRJ- : SEE SEC. NO 075 ' SEE SEC. NO. 075 ' ' -- ~-_~__~ .... ~ . , ~ ---~---~ ..... ~ -- -~-~-~-- -' ~...'~ '; ~-, N'--'.-~ ,~ '' ~ , .... '- . "- ', ~t ~ -' ~'[ "' . . ~' '~' -- ' ~- .'' '~' ~X · -. ~.~'.."'~.. "9...'~ ~ ~ ~': . ' ,' ? ~ ~'L~.'~. /.-J.-'~.....~ ~-~ ',~- ' . ~, . .... ,. : ~ .... . ~ ...... . ...... . . ~ . .~ - I~il I. 12.1 ' i'~ /"~4c,, '.'L .... .- 13 - .'Z ' ' :=. '-'";""."' **-' ~,~' ) TOWN OF 28 LAND) / ,~,,~/,/ "'"'",.~. M,,~P OF LAND 0 Scc~l~: 4-0'= I" ~x' SECTION 7209 OF THE NEW YORK dDUCATION LAW THE LAND SURVEYOR'S IN~ SEAL EMBOSSED SEAL SHALL NOT ~ CO~ ONLY TO THE PEkSON FOR WHOM TITLE COMPANY, GOVERNMENTAL ~NCY THE ASSIGNEES OF THE LENDI~ ,ON. GUARANTEES ARE NOT TRAN~E~A~ '.DDITIONAL INSTITUTIONS OR N.Y. Nm. S..e:~a,{{i ~,~ ~NAUTHORIZED ALTERATION OR ADDITIOi,~ I'O THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE · EDUCATIOH LAW. COPIES OF THIS SURVEY ~ NOT B~ARtNG THE LAND ~VEYOR'S INKG $[AL OR TO ~ A VALID TRU~ CO~¥. · ~UARAN~ES INDICATED HEREOH SHALL R~ ONLY TO THE PERSON FgR W~ ~E ~j? IS PREPARED, AND ON H~S ~HALF TO ~ TITLE COMPly, ~NMENTAL ~NCY ~NDING INSTITUTION,LIST~ HE~, ~ TO THE ASSIGNEES OF T~ LENDI~ ~. TUTION. gUA~NTEEs ARE ~T,T~B