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HomeMy WebLinkAbout2402 TO~ OF SOU~HOLD, NEW ~ORK ~' ACTION OF THE ZONING BOAKD OF APPEALS AppealNo. 2402 DatedApril 13, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mark S. Sherman 355 West Lane East Marion, New York 11939 DATE~...~.C...1978 Appellant at a meeting of the Zoning Board of Appeals on April 13, 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 ( ) 1978 the appeal 1. SPECIAL EXCEPTION. By ~solution of the Board it was determined that a special exception ( ) be ~anfed ( ) ~ denied pursuant to Article .................... Seet~n .................... Subsection .................... paragraph .................... of the Zoni~ O~inance and the decision of the Building I~pector ( ) be reversed ( ) be co~medbecause 7:50 P.M. (E.S.T.) Upon application of Mark S. Sherman 355 West Lane, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling on undersized lot. Location of property: Stephenson Lane (Private Road), Orient, New York, bounded on the north by Private Road; east by Burnham; south by Fred Sherman; west by Lomas. 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 SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by ail properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (e) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE · APPROV ) be denied and After investigation and inspection, the Board finds that the applicant requests permission to construct dwelling on undersized lot, Stephenson Lane, Orient, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is mnique amd wom~d not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will ~not change the character of the neighborhood, and will observe the spirit of the Ordinance. RESOLVED, Mark S. Sharman, 355 West Lane, East Marion, New York, be GRANTED permission to construct dwelling on undersized lot, Stephenson Lane, (Private Road), Orient, New York, as applied for. Vote of the Board: Ayes: Messrs: Grigonis, Doyen, and Maimone. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thursday, April 13, 1978, on the following appeals: 7:30 P.M. (E.S.T.) upon application of John Malinowski, Second Street, New Suffolk, New York, to rescind variance granted on January 12, 1978, giving permission to use existing business building for assembly of parts. Location of property: west side Second Street, south side King Street, New Suffolk, New York, bounded on the north by King Street; east by Second Street; south by H. Aponik and other land of applicant; west by Third Street. 7:35 P.M. (E.S.T.) recessed hearing upon application of Patrick Edward and Linda Martz Lyons for a special exception to reinstate non-conforming, two-family use, north side Main ad, Orient, New York. ~ 7.50 P.M. (E.S.T.) upon application of Mark S. Sharman, 355 West Lane, East Marion, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling on undersized lot. Location of property: Stephenson Lane (Pvt. Rd.), Orient, New York, bou~ed on the north by Private Road; east by Burnham; south bY~Q~Id~o~ west by Lomas. ~ 8:00 P.M. (E.S.T.) upon application of Mattituck Anchor Inn Corp., Box 18, Mattituck, New YOrk for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 C 6(f) for permission to erect off-premises directional sign. Location of property: Sound Avenue, Mattituck, New York, bounded on the north by Sound Avenue; east by Pylko; south and west by J. Meglio. LEGAL NOTICE Notice id Hearings Pursuant to Section the Town Law and the provisions of the Amended Building Zone Ordinance id the Town id Sou.thold, ..I'?~ York, public boanngs van. bold by tbo Zoning Bourn Appeals at the Town Hall, ~ain Read, Soulhold, ~ork, on Thursday, April l~, 19~8, on the following appeals: ?:~0 P.M. (E.S.T.) upon application of John Malinowski, Second Street, to Now Suffolk, New York, rescind variance granted on Jafiuary 12, 1978, giving rmission to use eaisting ~siness for building New Suffolk, New York, bounded on tbo north by King Street; east by Second Street; so h by ,. and land of appncent; wes~ Third Street. ?:35 P.M. (E.S.T.) recessed hearing u~on applica, tion id Patrick Edward and Linda Martz Lyons for a special c~Pthm to reinstate non- north side Main Road, Orient, Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling on un- dersized lot. Location of property: Stophanson Lane (P vt. Rd.), Orient, New York, boended on the north by Private Road; east by Bur- nham; south by Old Main Road; west by Lomas. 8:00 P.M. (E.S.T.) upon application of Matt(tuck Anchor Inn Corp., Box 18, Matt(tank, New York for a . special exception in ac- cordance with- the Zoning Ordinance, Article III, Section 100-30 C6(f) for permission to erect (df-premises directional sign. Location id property: Sound Avenue, Matt(tuck, New York, bounded on the' north by Sound Avenue; ~st by Pylko; south and we~t by J. Meglio. 3:10 P.M. (E.S.T.) upon application of Mr. and Mrs. Charles L. Westenborg, 795 Bayview Drive, East Marion, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk Schedule for permission to *construct ad- dition with insufficient front yard setback. Location of property: Bayvie~v Drive, East Marion, New York, bounded on the north by Stiege; east by Bayview Drive; south by Bayview Drive; west by Cordes. 8:25 P.M. (E.S.T.) upon application of Mr. and Mrs. David Ricereto, Oregon Road, Cutcho~ue, New York (An- thony B. Tohill, Attorney) for a variance in accord~ce with the Zoning Ordinan~:e, Article III, Section 100-31 and Bulk Schedule for permission to construct dwelling with in- sufficient side yard setback. Location of property: Right- id-way, north side Oregon Road, Cutcbogue, New York, bounded on the north by Long iand Sound; east by south by Krupski; wvest~y Galiagher. 8:40 P.M. (E.S.T.) upon application of Southold Savings Bank, Main..P.P.P.P.P.P.P.P.P,~ad., Southold, New York (Pdcnaru Lark, Attorney) for a variance in accordance with tbo Zoning Ordinance, Article XI, Section 100-112 H for permission to construct accessory off- premises parking, lot in ex?sS of 200' from mum prennses. Location of property: East side Railroad Avenue ( Youngs Avenue), Scuthold, New York, bounded on the northb,y P.B.M. Associates; east by Rich; south by Eisemon; west by Railroad Avenue. 9:00 P.M. (E.S.T.) upon application ~ of Cynthia Mahnken, Box 117, Pur- cellville, Virgivla (Gary Olsen, AttornC'Y) for a variance in Accordance with the Zoning Ordinance, Article III, Section 101P31,and Bulk Schedule for perm~ksion to set off lot with insufficient width and area· Location of ,pe~ontropor ty: Hutton Lane, hold, New York, bounded on the north by Conway; east by Horton Lane; south by Grattan; west by Greenfield Acres Sub. 9:ISP.M. (E.S.T.) Recessed hearing upon application id Philip J. orr(as, Jr., Bayview Road, Sonthold, New York, for a variance in accordance with the Town Law, Section 280A for approval of access. Location of Property: Right- of-way, east side Laurel Avenue, Sonthold, New York, bounded on the north by Mill Creek; east and south by R. Any person ansmng to ~o~ heard on the above appea should appear at the time and place above specified. Dated: April 3, 197~ BY ORDER OF THE soUTHOLD TOWN BOARD OF APPEALS 1TA6-2964 26) COUNTY OF SUFFOLK, STATE OF NEW YORK, } ss: · ~?.Y..al..?.T.A..V.q.O. ?. ................... being duly Sworn, stt~/s that ....~?... is Printer and Publisher o! the SUFFOLK ~VE'EKLY TIMES, a newspaper published ~t Greenport, in snid county; and that the notice, o! which the annexed is ~ printed copy, has been published in the stfid Suffolk Weekly Times once in eoch week, for ........ .O~ ............... weeks successively eemmencin9 on tiie .... ,~.lX.TI-I ............... day of ...A~..RI~/.~. 1~9.7.~. Sworn to before me this 1. {'./~. .... LEGAL NOTICE ' Notice of Hearings Pursuant to Sqction 267 of the Town .Law and the provi- sons of the:Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board Of Appeals at the Town Hall, Main Road, Southold, Ne~v York, on Thurs- day. April 1-3, 1978, on the following appeals: 7:30 P.M. (E.S.T.) upon application of John Malinow- ski, Second' Street, New Suf- folk, New Yorl~,' to rescind variance gr~nted on January 12, 1978, giving permission to use existing business building for assembly of parts. Location of property: west side Second Street. south side Kin~ Street; east by Second Street; south by H. Aponik and other land of applicant; west b~ Third Street. 7:30 P.M. (E.S.T.) recessed hearing upon application of Patrick Edward anff Linda Martz Lyon~ for a~'special exception to reinstate non- confor~ning,, two-famil)L use, north side Illin Road~ Orient, (E.S.T.) upon Mark S. Shat- man, 355 West Lane, Easl Marion, New York for a var. mnce in accordance with th~ Zoning Ordinance, Article IlL Section 100-31 and Bull~ Schedule for permission tr :onstruct dwelling on under. sized lot. Location of property: Stephenson Lane {Pvt. Rd.) Orient, New York, bounded he north by Private Road; east by Burnham;. south by. Old Main Road; west by Lomas. 8:00 P.M. (E.S.T.) upon application of Mattituck An- chor,l~.Corl~!~ Bo~ !8, Matti- exception ~ · m accordance with the Zoning Ordinance, Article III, Section 100-30 C 6(f) for tion of property: Right-at-way, north side Oregon Road, Cut- chogue. New York, bounded on the north by Long Island Sound; east by Baxter; south by Krupski; west by Galla- gher. 8:40 P.M. (E.S.T.) upon application of Southold Sav- y) for g variance.in permisaJon ~0 seC off lot with insuffici~ent' width and ~r~_ COUNTY OF SUFFOLK STATE OF Nk'-'M/ YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVB IR-WATCHMAN, a public newspaper printed at Southold, in Suffolk Count,/; 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 ........... /. ........................... weeka successively, commencing on the ....!J. ................................ .......... ....... Sworn to before me th~s ........ L .............. day or .... ................ Notary Public ~ FOKM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL ~,,e~o. .~ ~..~..o...~. ................................... ~te ~/~ ~ 7 ~ ..... , 19 ........ ~/a,,~ ~ ~ ............................................... for ~ermit to construct ..... ~. ................... ~...~.~t the ~rem ses ~ted ~t . . .~!~...~.~......~ ~ .,//,, ~ /~ ............................ ........ =~.z~:z~2... ~ Map .................................... Block ............................................ Lot ................................................ is returne~d herewith and disapprov,ed on the fo owng grounds .~...~"~ ~ //~'~ .~ ~.~...~.~,~- ~4~,~ "'r .............................................. Building Inspector C O TOWN OF SOUTHOLD, NEW YORK " APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ,:'<0/"/O ~-~ DATE March 8, 1978 Name of Appell(~nt Street and Number .... .g...a..s..t-...~..a.~.~..o..n.. .............................................................. .~..e..W.....~..o...~.~.~ ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILD~qG I~SPECTOR ON ^PPL,C^T,ON FOR PERM,T NO ..................................... DATED ................ WHEREBY THE BUILDING INSPECTOR DENIED TO (No application was made for a build- ing permit. Applicant was advised by Building Inspector that applicant must ............................................................. ai~p.ty..~o. Board of Appeals for varianc~ Name of Applicant for per~ order to establish that premises are buildable.) ~/pp Street and Number Municipality State ( ERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY ..... ~...~.~..~..~.~.&..¥..a~.~.e..~..~`~...a..d....i~S.~.~..e.R~.~e...n..s.~q~...~.~.~..<...~.~.nt~ Street Use District on Zoning Map New York (District 10Q.Q, Se~iQD 38, Block 6, Lot 2)EN x Pvt. Rd. ........................................................................ x F W Burnham Map No. Lot No. S x Lomas-Sharman ~.~/ _v_ G ~ L©mP__~ 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 Ordi.nance.) Section 100-31 and Bulk Parkinq Schedule 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec, 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (he~-(has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ( ) is requested for the reason that REASON FOP, APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance (See statement attached.) ~'orm ZB! (Continue on other side) O O REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sa~ HARDSHIP becau~ : The property does not conform to one-acre zoning requirements. All of the surrounding properties have residences thereon, and the properties and structures all pre-existed the Zoning Ordinance. The subject property was purchased as a building parcel, and at the time it was purchased it did conform to zoning requirements. It was actually purchased for applicant and became his property at the date of death of his father, at which time the property did not conform to zoning requirements. It is a valuable piece of property and would become worthless to applicant if not able to built upon. It is of no use to surrounding property owners, and because it is part of a private family-owned corporation, it cannot be transferred to anyone outside the family. 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 all properties in the immediate vicinity existed before one-acre zoning came into effect. 3. The Variance would obse~e the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becau~ the parcels and residences thereon in the vaci~ity of the subject property (which is a private family corporation where none of the property shall be allowed to pass out of family ownership) existed long before the one-acre zoning was adopted by the Town of Southoldo ~.~~XI:~IX The adjoining property on the South is a parcel of land containing 0.7638 acre with residence thereon, and is the property which was devised to applicant's brother by Will of applicant's father dated October 24, 1971. Applicant and his brother both became the owners of these separate parcels on the date of death of their father on May 1, 1973. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS ~ ./ /Signature/ Sworn to this ..............................................day of ....... ~ar. cb. .................................... 1978. Notary Public RiTA H. ALAIMO NOTAP. Y PUBLIC, State of New York Suffolk County No. 52-5334000 ~ Town of Southold Board of Appeals Suffolk County Department of Planning H. Lee Dennison Fxecutive Cffice BuildinR Veterans ~mozia! Highway Hauppau~.,e~ New York 11707 (516) 979-2918 April 19, 1978 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County PlanninM Commission ara considered to be a matter for local determination. A decision of local deterF~nation should not be construed as either an approval or a disapproval. Applicant /~rk S. Sharman Mattituck Anchor Inn Corp. Mr. & Mrs. Charles Westenberg ?~nicipal File 7~,~uber 24O2 2403 2405 Very truly yours, Lee E. Koppelman Director of Plannin~ CGH:Jk Gerald G. ~le~,nnan Chief Planner O O Town Of Southold TOWN CLERK 765-3783 Building Dept. 1 Planning lid. 765-2660 Board o~ Appeals TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the C~eneral MunidpaJ Law, Chapter 24, of the Consolidated Laws, ArtkJe 12-B, Sectbn$ 239-1 and m, the ..Boa~d.O£. App~ale .......... of fha town of Southold, N. Y. hereby refers the following (agency involvedJ proposed zoning action to the Suffolk County Planning Commission: (check one) New and recodifbd zoning ordinance Na~'k 8. 8harman ............ Amendment fo the zoning ordinance 355 WeSt Lalll Bast Marion, NY 11939 ...~ ........ Zoning changes ........ Spec[a[ permits ..~ .......Variances Location of affected land: ...~9~-.I~..~!!~...(Pi~'~,...~.,.)..e...~...~'.:~/!s...~ ............. within 500 feet of: (check one or more) ............ Town or vi[bge boundary llne ..X ........ State or county road, parkway or expressway ............ State or county .park or recreation area ............ Stream or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned ,parcel on which a public building is situated Comments: The Board granted the applicant permission to oonstruct dwelling on undersized lot. (signed) Robert W. Gillispie, Jr. Chairmen Title Date received by Suffolk Count/ Planning Commission .......................................................... Fib No ................................. O O K JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. I., N. Y. 11971 March 15, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is for a variance. as follows: Mr. Mrs. G.K. Lomas, Wesley Thompson, JTT/bn cc:file Enc./ Zoning Appeal No. 2402, application of Mark S. Sharman Also included is notification of adjoining property owners H. Fred Sharman, 1509 Tahiti, Laguna Beach, Claifornia 92651; Main Road, Orient, N.Y. 11957; Mrs. F.W. Burnham c/o Charles 15 Bellvue Ave., Upper Montclair, New Jersey 07043 Town Clerk ~ STATEMENT REASON FOR APPEAL A variance to the Zoning Ordinance is requested for the reason that the subject property, containing .694 acre, was devised to the applicant by his father's Will (Howard Sharman), dated October 24, 1971. Howard Sharman died on May 1, 1973, at which time the property passed to applicant. By this time, one-acre zoning had come into effect in the Town of Southold. Applicant's father owned adjacent property with residence thereon which he planned to leave to his eldest son and his family, and specifically purchased the subject property with the intent that it would pass to his other son, Mark Sharman, the applicant, in order to partially equalize distribution of his estate to his two sons. We would very much like to be able to build a residence on this property, and are attempting to establish that this may be done. BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter of the Petition of : : MARK S. SHARMAN : to tile Board of Appeals of the Town of 5outhold : TO: F. W. BURNHAM 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)(Spe~tat~xcepl%~pec%~*ht~f~Homh~e4~ of Section 100-31 and Bulk Parking Schedule of the Zoning Ordinance, to establish that property). u£ a~llu~:~L i~ ~bl= Lu builL 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North by Private Road, East by F. W. Burnham, South by Lomas-Sharman, and West by G. K. Lomas, at Orient, New York. 3. That tile property which is the subject of such Petition is located in the following zoning district: "Residential" 4. That by such Petition, the undersigned will request the following relief: A variance to al iow construction of. a private one-family dwelling. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: Code of Town of Southoldt goninqt Chapter 100t Article IIIt Section 100-31 & Bulk Parking Schedule. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southoid Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be ~ard at such hearing. /9' Dated: March ~'c~t 1978. . Petitioner PostOfficeAddress 383 West Lane East Marion, New York 11939 ;,to,. PIER,SON R. HILDRETH !n the Matter o£ t~e dpplicat~on to Determzne the Estate Tax ~r Article 26 of tl~ T~ ~w u~n the Estate of at x ,,rile ¥,,. 826 P 1973 ORDEI~ VIi, IA'G TAX On reading and filing the verified petition of Harold W. Conroy da,ed ,',e day of , and it appearing that' the said decedent died on the 1st day of , 19 ~B and left certain property, described in said petition and schedules attached thereto, the transfer of which is sublect to the tax imposed by t'he provtsions of Article 26 of the Tax £a~, and proof ha~,ing been made of due service of said petition and the not,ce of motion for this order opon the attorney for the State Tax Commission, no~ on motion of Cadwalader, Wfckersham & Taft Esq,~ attorneyS for , , the petitioner herein; James A. Oowan ' ' '"'". * attorney for the State Tax Commission appearing:and not opposing,' it ORDERED AffD ADJUIISED that the value of the Ne~ York gross estate of said decedent, the New York estate tax deductions, the New York taxable estate, the gross estate tax, and the credits agatnst such tax and the net estate ~ax are hereby fixed determined as follows: ~ ;.,.,~..~,,A~; L~.~,~l.[~e~s quarter-annually to or for the bene- ..~ ~,, ,,~y ~[~'~+, Vi[RGINIA S. SHARMAN, during her life. U~on the death of my said wife, if she shall sur- vive me, or upon my death if she shall not survive me, I give, devise and bequeath the remaining principal of this trust, to- gether with any portion of the principal of the trust which my said wife has failed to appoint under the provisions of Article THIRD hereof or my residuary estate, as the case may be, excepting therefrom if my said wife shall not survive me the property set forth and devised in Article FIFTH of this, my Will, to such of my issue, per stirpes, as shall then be living. FIFTH: In the event my wife, VIRGINIA S. SHARMAN, shall predecease me, then in such event I make the following disposition of my Orient, Long Island, property, to wit: (A) I give and devise to my son, HENRY FEEDERICK SHARM~4, the premises and all beach rights respecting said premises, together with the dwelling house erected thereon located in the Village of Orient, Town of Southold, County of Suffolk, Sta~e of New York, being a portion of the plot known as Plot C on a certain map entitled "Survey of 'The Cedars' property of Mary M. Stephenson at Orient, Suffolk County, New York, surveyed on November 28, 1905 by C. R. Van Buskirk, C.E." and filed in the office of the County Clerk of Suffolk County on July ll, 1906, as Map No. 421 as amended by a survey made on or about September l?, 1956. Said prem- ises being bounded, on the south by Kings Highway between monuments 3 and 6; on the west between monument 3 and a marker shown on said survey distant 200.62 feet from monument -4- ; b,% ~;~.1 ,t~,~J~tt fl'On ,qhaI'm~u] to Young lndicate~] :~urv~,¥: ~'~u ~.:he ~lo~'bh by the remainder of Plot C said marker, drift,mit 200.62 feet from monument 3, and a point 100 feet soutl%westerly from monument ? on the line between monuments 7 ~nd 6; on the east between said point 100 feet southwesterl,¥ from monument 7 and monument 6 by Plot F as shown on said mnp. In the event my son, HENRY FREDERICK SHARMAN, bc not li~lnM, then to his surviving issue per stirpes, and if there bc no such surviving issue then to my son, MARK STEPHENSON S~IAHMAN, if llving~ and if he be dead, then to his issue, per stirpes. (B) I give and devise to my son, MARK STEPHENSON SHARMAN, that part and portion of Plot C on a certain map entitled "Survey of 'The Cedars' property of Mary M. Stephenson at Orient, Suffolk County, New York, surveyed on November 28, 1905, by C. R. Van Buskirk, C.E." and filed in the Office of the County Clerk of Suffolk County on July 11, 1906, as Map No. 421, which part and portion beginning at monument 7 as shown on the said map is described amd bounded on the north between monuments 7 and 2 and between monument 2 and a point 58.22 feet westerly from monument 2 (as shown on a certain survey made on or about September 17, 1956) by a private road; on the west between said point 58.22 feet westerly from monument 2 and a point 58.00 feet southerly therefrom and thence in an easterly direction 114.85 feet by land formerly owned by Ezra H. Young, as shown on said sur- vey dated on or about September 17, 1956, to a point 200.62 feet from monumen~t 3 on said map; on the south by the re- mainder of Plot C between said point 200.62 fee~ from said -5- monument 3 and a point 100 feet southwesterly from monument 7 on the line between monuments 7 and 6 by Plot F as shown on said map, together with all beach rights respecting said property hereby devised. If my'son, MARK STEPHENSON SHARMAN shall predecease me, I give and devise the said property to his surviving issue, per ~tirpes, and if there be no such issue then to my son, HENRY FREDERICK SHARMAN, e~ stirpe~. SIXTH: If anY beneficiary under this, my Will, is a minor when he or she shall become entitled to a share of my estate, such share shall vest absolutely in such bene- ficiary notwithstanding his or her minority. During the minority of such beneficiary such share shall remain in the custody of my Executors or Trustees, as may be the case, as donees of a power in trust, until such beneficiary attains the age of twenty-one (21) year~, at which time there shall be paid over and transferred to such beneficiary any .accumu- lated income and the balance of the principal. My Executors and Trustees may apply so much of the income or principal for the use or benefit of such beneficiary as they, from time to time deem necessary or desirablc. Said donees shall be entitled to receive as compensation for the services ren- dered by them in such capacity the same commissions allowed to a guardian. If such beneficiary shall die before attain- ing the age of twenty-one (21) years, such income and prin- cipal shall be paid over to the estate of such beneficiary. SEVENTH: I direct that all estate, transfer, in- heritance and succession taxes and other death duties, and all interest an~ penalties thereon payable under any State, -6- NAME PROOF OF MAILING OF NOTICE ADDRESS Mr. H. Fred Sharman Mrs. G. K. Lomas Mrs. F. W. Burnham 1509 Tahiti Laguna Beach, California Main Road Orient, New York 11957 c/o Charles Wesley Thompson 15 Bellvue Avenue Upper Montclair, New Jersey 92651 07043 IECEIPT FOR CERTIFIED MAIL--30{! (plus postage) STREET AND NO. , P,O. STATE AND ZIP CODE . ~~k~-- ' With del very to addressee only ~','.~'.~. 65~ ~ TO ADOR~ ONLY .......... .: S~ ~ECI~-L]VERY (extro fee r®quire~) .................................... PS Form NO INSURANCE COVERAGE PROVIDED-- Apr. 1971 3800 NOT FOR INTERNATIONAL MAIL POSTMARK OR CATE (See other STATE OF NEW YORK ) COUNTY OF SUFFOLK ) MARK S. SHARMAN , residing at 355 West Lane, East Marion, New York r , being duly sworn, deposes and says that on the 14 day of March ,19 7 8 ., 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 Riverhead, New York ; that said Notices were mailed to each of said persons by (certified) (r~-~ist~,~-~) mail. Sworn to before me this 14th day of March ,19 7 8. Notary Public AlTA H. ALAIMO NOTARY PUBLle, Sfafe of New Yore Suffolk Counfy No. 52-5034000 ~ ~./ Commission Expires March 30, 19..~.~::~ Ma~3 S. S~ma n / { ~ )~'6'g 05 .Q ONV7SI 0£1 'ON '::)3S 3gS. . :'..- . . . .-, :. C)Lo AT