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HomeMy WebLinkAbout23677 Appeal No. 2 3 6 7 ACTION OF THE ZONinG BOARD OF APPEALS Dated November 16, 1977 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Cecelia Ewald & Frances P. Kozlowsky (R. Bruer, Esq. 3376 Edgarton Avenue Wantaugh, NY Appellant 1977 at a meeting of the Zoning Board of Appeals on December 1, 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 ~[ Request for a variance in the Zoning Ordinance ) 1977 the appeal 1, SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:30 P.M. (E.S.T.) upon application of Cecelia Ewald and Frances P. Kozlowsky, 3376 Edgarton Avenue, Wantaugh, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width. Location of prop- erty: south side Indian Neck Road, Peconic, New York, bounded on the north by Indian Neck Road; east by Sue O'Dell; south by Peconic Bay; west by Helen Rust. 2. VARIANCE. By resolution of the Board it was determined that (a) Strlct application of the Ordinance (would) (would not) produce practical hardship because SEE REVERSE difficulties or unnecessary (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 (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 and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ) ~ confirmed ( ) be reversed. /  NING BOARD OF APPEALS FORM ZB4 ~ ) be denied and After investigation and inspection, the Board finds that the applicants request_-permission to divide property with in- sufficient width , south side Indian Neck Road, Peconic, New York. The findings of the Board are that the applicants' pro- posed division of the property is not conducive to the creation of additional lots which would be undersized on one dimension. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of 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. THEREFORE IT WAS RESOLVED, Cecelia Ewald and Frances P. Kozlowsky, 3376 Edgarton Avenue, Wantaugh, New York, be GRANTED permission to divide property with insufficient width, south side Indian Neck Road, Peconic, New York, as applied for, subject to the following conditions: There shall be no further division of either of the two lots created by this action. There shall be no diminution of the side yard requirements on any structures that may be built on the lots created by this action. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. 0 Legal Notice -2- Hearings: December 1, 1977 east by Viola Perrin; south by North Parish Drive; west by Margaret A. Crosdale. / 8:20 P.M. (E.S.T.) upon application of Cecelia Ewald and Frances P. Kozlowsky, 3376 Edgarton Avenue, Wantaugh, New York (Rudolph Bruer, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width. Location of property: south side Indian Neck Road, Peconic, New York, bounded on the north by Indian Neck Road; east by Sue O'Dell; south by Peconic Bay; west by Helen Rust. 8:30 P.M. (E.S.T.) upon application of Valentine W. and Sophie K. Stype, Mattituck, New York for a variance in accord- ance with the Zoning Ordinance, Article XI, Section 100-118 for permission to construct addition with insufficient side-yard setback and off-street parking. Location of property: north side Main Road, Mattituck, New York, bounded on the north by Mattituck Park District; east by William Wickham; south by Main Road; west by M. Kelsey Properties, Inc. 8:45 P.M. (E.S.T.) upon application of Mr. and Mrs. John Polywoda, Bayvlew Road, accordance with the Zoning 100-70 A, B for permisslon business building with Southold, New York for a variance in Ordinance, Article VII, Section to construct addition on existing apartment. Location of property: south side Main Road, Southold, New York, bounded on the north by Main Road; east by Hobart Road; south by Lehman & Warnaka; west by Warnaka & Ross. 8:55 P.M. (E.S.T.) upon application of Robert D. Gray a/c Estate of Elizabeth C. Gray, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 and 100-30 C 2(a) for permission to eliminate fencing requirement for in-ground swimming pool. Location of property: Private Road to Treasure Pond, Fishers Island, New LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provi- sions 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 Thurs- day, December 1. 1977, on the following appeals: 7:30 P.M. (E.S.T.) Recessed hearing upon application of Doris Hell, Bray Avenue. Mat- tituck; New York. 7:35 P.M. (E.S.T.) Recessed hearing upon application 'of Charles and Mary Tangney, Little Neck Road, Cutchogue, New York. 7:S0 P.M. {E.S.T.) upon application of Robert Isles, 83 Old Post Road. East Setauket, New York for a variance in accordance with the Zoning Ordinance. Article IlL Section 100-32 for permission to con- struct accessory building in front yard area. Location of property: Private Road. south side Bayvie~ Road. Southold.. on the no~ by Peconic Bay; east by V~la Perrin; south by North P~ish Drive; west by ~ Crosdale. ~ (E.S.T.) upo; application of Cecelia Ewalc and Frances P. Kozlowsky, 3376 Edgarton Avenue, Wan- taugh. New York (Rudolp] Bruer. Esq.) for a variance il accordance with the ZoninI Ordinance, Article Ill, Sectim 100-30 and Bulk Schedule fol permission to divide property with insufficient width. Loca- tion of property: south side Indian Neck Road, Peconic, New York, bounded on the north by Indian Neck Road; east by Sue O'Dell; south by Peconic Bay: west by Helen.~ "Rust. 8:30 P.M. (E.S.T.) upon application of Valentine W. and So~hie K. Stype, Matti- tuck, New ~ork for a variance in aCcordanCe with the Zoning Ordinance. ~rticle XI. Section 100-118 for i:rermission to con- struct addition with insuf~c- lent side-yard setback and COUNTY OF SUFFOLK STATE OF NEW YORK S!~erlev Kolz. being duly sworn, says that she is an Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed a; Southold, in Suffolk County; and thai' the notice of which ~he annexed is a printed copy, i~os been published in said Long Islcnd Traveler-Watch- man once each week for ~.' weeks successively, commencing on the ..... ~.7. ............................. day of ....'. ~ :(:(~r.':Z C: :~':?.~d ............ 1 9....L..( Sworn to b, efore me this ...... ::...': ............ doy ot "J?,~ ,,,/: Z~',f./ 19.....L../ k/ N~ary Public JOSEPH k ENTON ti01AR¥ VUBLIC. State ot New ¥o1~ NO. 52-1195150 Qualified in SUffOLk G~unty ~. Commission Expires March 30, I~'~'/ LEGAL NOTICE ~ of Hearing suant to Section 267 of the Law and the provisions of kmended Building Zone mnce of the Town of ~old, New York, public ~gs will be held by the g Board of Appeals at the Hail, Main Road, Southold, York, on Thursday, ~ber 1, 1977, on the ing appeals: P.M. (E.S.T.) Recessed ~g upon application of Doris Bray Avenue, Mattituck, fork. P.M. (E.S.T.) Recessed ng upon application of es and Mary Tangney, Neck Road, Cutchogue, fork. P.M. (E.S.T.) upon ap- on of Robert Isles, 83 Old ~oad, East Set~uket, New for a variance in ac- ~ce with the Zoning Or- 32 for I fission to mtruct accessory oullding in front yard area. Location of property: Private Road, south side Bayview Road, Southuld, New York, bounded on the north by Private Road; east by R. Kirsch; south by Corey Creek; west by H. Lindteveit. 8:00 P.M. (E:S.T.) upon ap- plloation of Thomas Jemick a-c Jernick Moving and Storage, Moorus Lane, Grecnpert, New York for a variance in ac- cordance with the Zoning Or- dinance, Article VII, Section 100- 118 C, E and Bulk Schedule for permission to construct addition with insufficient front and side yard setback. Location of property: east side Moorns Lane, Greenport, New York, bounded on the north by the Village of Greanport; east by Greenport School District No. 10; south by William Price and Albert Her- zog; west by Moores Lane. 8:10 P.M. (E.S.T.) upon ap- plication of Dorothy J. Kopple, 19 Park Avenue, Manhasset, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per- mission to divide property with insufficient width and area. Location of property: north side North Parish Drive, Southold, ce~Article III ,~S~.ction 100- New York, bounded on the nort~ by Peconic Bay; east by Viola Perrin; south by North Parish Drive; west by Margaret,.~ ~Crosdaie. 8:20 P.M. (E.S.T.) upon ap- plication of Cecelia Ewaid and Frances P. Kozlowsky, 3376 Edgarton Avenue, Wantaugh, New York (Rudolph Bruer, Esq.) for a variafice in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission ¢o divide property with insufficient width. Location of property: soath side Indian Neck Road, Peconic, New York, bounded on the north by Indian Neck Road; east by Sue O'Dell; south by Peconic Bay; west by Helen Rust. --8:30 P.M. (E.S.T.) upon ap- plication of Valentine W. and Sophie K. Stype, Mattituck, New York for a variance in ac- cordance with the Zoning Or- dinance, Article XI, Section 100- 118 for permission to construct addition with insufficient side- yard setback and off-street parking. Location of property: north side Main Road, Mattituck, New York, bounded on the north by Mattituck Park District; east by William Wickham; south by Main Road; west by M. Kelsey Properties, Inc. 8:45 P.M. (E.S.T.) upon ap- phcation of Mr. and Mrs. John Polywoda, Bayview Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article VII, Section I00-70A, B for pormJssion to construct addition on existing business building with apart- ment. Location of property: south side Main Road, Soutbold, New York, bounded on the north by Main l:~ad~ east by Hobart Road; aou~h by Lehman & Warnaka; w~st by Warnaka & Ross. 8:55 P.M. (E.S.T.) upon ap- plicati0n of Robert D. Gr~y a-c Estate of Elizabeth C. Gray, Fishers Island, New York for a varianCe in accordance with the Zoning Or~tnan~e~ ArtiCle III, Section lool3~ ~nd ~00-~0 c 2 (a) for permission to eliminate fencing req~rement' for in- ground sw~in~l~ Loc~tiun of pr°l~y; 'pr~v~t~ Road to Treasur~ Pond, Fish~ ISland, New York; Lot 11, Bilk 20, Private Road, Fishers Island Estates, Fishers Island, New York. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: November I8, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 2850-1TN23 COUNTY OF SUFFOLK, STATE OF NEW YORK, ~' ss: J ~TUA~T C. ...................................... being duly Sworn, says that ..-!~. .... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekly/ Times ~nce in each week, for ....... 0.~.F-. ................ weeks successively commencing on tile . .Tt/E.:~TY, .~T,~t-I~r~ ........ day of ... :N.~..VE. }!B.~:q~, ....... 19.7.7.. Sworn to before me this . .,.f.~i ..... clay of.. .%.~-~v~'.~.~. 19.7.7. ! ....... ? ............ .F,. RY pUBLIC Dtc~ NOT/~. ~ · O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Cecelia Ewald & APPEAL NO. ~(~/~ ? DATE .... 1, (We) Frances P. Kozlowsky -~ 3376 Edgarton Avenue, Name of Appellant Street and Number Wantaugh, New York ......................................................................................................................... HERESY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING I~ISPF~TQ, R ON ..................................... .................... WHEREBY THE BUILDING INSPECTOR DENIED TO of Street and Number ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY Name of Applicant for permit 3376 Edgarton Avenue, Wantaugh, New York Municipality State 1. LOCATION OF THE PROPERTY .I. ndian Neck Road~ Peconic, New York Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Para~p~,oning Ordinance_~t.~ byt, number.62~3 Do_~?not quote the~, ~"~-~Ordinance')'- 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (~s) (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 REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the reason that Petitioners would like to divide subject property, consisting of 5 1/3 acres, into 2 lots having approximately 87.50 feet of roa~ frontage each on Indian Neck Road. Fora (Continue on other side) REASON FOR APPEAL ~1 Continued 0 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sa~ HARDSHIP because Petitioners would be unable to have two residences fronting on Peconic Bay. 2. The hardshipcreatedisUNIQUEandisnotshared by all prope~ies alike in the immediate vicini~ of this prope~y and in this use district because most, but not a11, properties in this use district do not conform to the 150 foot road frontage requirement of the Ordinance. -~ 3. The Variance would obse~e the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because most properties in the area are about the same size in width as the subject property, if divided. The property is 5 1/3 acres and can adequately handle two residences. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) SS Sworn to this 16th day ~ November ' 19 7'7 No. 52-4655242 - Suffolk County Commission Expires March 30, 1979 FORM NO. $ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTNOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date ............ ~..../~. .................... , 19.~.....~ To .~~_. ....... ~.~....~.~. ~/~__~~ ....... ~..7.~......~.~.~..~....~.. Mop ................ ~ ............. ,,~k ......... .~ ........................... ,ot...~.. ..................................... is r~: ..... ' '..~.~_'].'~ -~'~LI disapproved on the following grounds ....~...~.. '.,r,~.......~;......~_~1~,,~.. ...z.~.,..~......u..~:~....~....~./.~ ......................................................... ffelk County Department of Plak..zng Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, I~¢ York 11787 Town of Southold Zoning Board of Appeals December 7, 1977 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determin- ation. A decision of local determination should not be construed as either an approval or a disapprovalS---- Applicant Municipal File Number Rokert Isles Est. of Elizabeth C. Gray Dorothy J. Kopple Jernick ~ving & Storage Cecelia Ewald & Frances R~ Kozlowsky Valentine W. & Sophie K. Stype John Polywoda 2363 2364 2365 2366 2367 2366 2369 GGI]: fp Very truly yours, Lee E. Koppelman Director of Planning by ~H.~P I~LANN~'R TOWN CLERK 765-3783 Building Dept. 1 Planning Bd. 765-2660 Board of Appeals Town Of Southold TOWN CLERK'S OFFICE Ma~n Road Sou'l'hold, N. Y. 11971 Pursuant fo the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-I and m, the Board..of Appeals ....... of the town of Southold, N. Y. hereby refers the following (agency involved/ proposed zonin,g action to the Suffolk County Pbnnbg Commission: Icheck one) .... New and recodified zoning ordinance ........... Amendment fo the zoning ordinence .......... Zening changes Special perm[ts Cecelia Ewald & Frances P. Kozlowsky 3376 Edgarton Avenue Wantaugh, NY X ......... Verbnces Location of affected land: . ..S~...'~%9~'~'.~'..~k.. ~.C~fa.d~..~.~9~Lg~..N..,~.Y.,~ ................................ within 500 feet of: (check one or more) ............ Town or village boundary line ............ State or county read, parkway or expressway .......... State or county park or recreation area Strea.m, or drainage channel owned by the county or for which the county has established channel lines ............ State or county owned percel on which a public building is situated X Shoreline Co~man~: This application was granted subject to the condition that the land shall not be further divided. Also any dwellings constructed on the pieces created by this application shall conform to the side yard requirements listed in the Zoning Ordinance. Date: Dec. 2.~. ~777 ............... (signed) Robert W. Gillispie, Jr. Chairman Title Date received by Suffolk County Planning Commission .................................... File No .......................... K JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS TELEPHONE (516) 765-1801 Southold, L. 1., N. Y. 11971 November 16, 1977 To: Southold Towm Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Appeal No. 2367, application of Rudolph H. Bruer for a variance on behalf of Cecelia Ewald & Frances P. Kozlowsky. Also included is notification to adjoining property owners: Sue K. O'Dell and Helen M. Rust. NY PRQP[IKy ON iNDIAN NECK LANI~ AND THAT Or HELE# RUST,i ! PROTEST THE: DIVISION Or THAT PROPERTY INTO ~0 rOOT VIDIr STRIP. IT UOULD S~RIOUSLY DEVALUE: NY~NOPERTY. rURTNERNOREt I REGUEST THAT THE HEARINg BE DELAYr. D UNTIL ffY~AR~#TSt HOVARD AND NANgARET ICAT~:ENBUNg. OIr TOY# #ARBOR LANE; 90UTNHOLD RETURN TO~OUTHHOLD FIi~N THEIR VACATION #ID-DECI~NgER. ~VILL APPOINT THEN TO ACT IN NY BF3fAI. r IN THIS NA~TZR, PLI~AS~ NOTE MY NL'V ADDRKS~ IS ~$14 #ARGYLL HOUSTON T~XAS 7700~, THANK YOU (~OPY #ilZLl:b ?OH[L,[# RUST .~,3j4 HA#D~:LL HOUSTON TX ~314 NABS:U., HOUSTO# TX NN#N FROEHLIC~ ANO MAHONY MRS PRUOEN MINEOLA ~Y 11501 mestern union Mailgram 1-01$S~SE~3a ii/$0/?? IC$ ~P~TZZ CSP NYAA St6~aB6500 ~G~ TDHT ~INEOLA Ny 100 1[-30 lO0$a EST SOUTHOLO TOWN BOARD cLERKS OFF~CE MAIN RO SOUTHOLD NY tt97! OF APPEALS WE WRITE ON BEHALF OF HELEN ~ RUST CONCERNING THE FETITICN OF CECEL~A EWALO AND PRANCES P KOZLOWSKY, HRS RUST ~S CONCERNEC THaT THE FABRICATION ray RESULT ]N THE DZV~SZON OF THE PROPERTY ~k V~CLAT~ON OF THE TOWN ZONING ORDINANCE aND MAy AMOUNT Tea CHANGE OF ZONE RATHER THAN A VARIANCE. ~F THIS ZS THE CASE, PR8 RU8T INTEND8 T:PUaSUE HER LEGAL RE~EO]ES TO THERE FULLEST EXTENT T~ OPPOSE ANY ACTION CN THIS PROPERTY WHICH PAY VaRY THE USE OR V~OLATE THE ZONING CRDIkANCE :F THE TOWN OF SOUTHOLD. FROEHLIC~ aNO ~AMONY toio3 EST MGMCO~P MGM BOARD OF APPEALS, TOWN OF SOUTHOLD IntheMatterofthePetitionof Cecelia Ewald and Frances P. Kozlowskv totheBoardofAppeaJsoftheTownorSouthold TO: SUE K. O'DELL 13411 Apple Tree Road Houston, Texas 770~ HELEN M. -and- NOTICE RUST 140 Broadway New York, New York 10005 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) (Special Exception) (Special Permit) (the following relief: Division of property as shown on attached sketch ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: See attached sketch 3. That the property which is the subject of such Petition is located in the following zoning district: A - Residential 4. That by such Petition, the undersigned will request the following relief: Division of said property as shown on attached sketch. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: 100-31 Bulk, area and parking requirements. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. / ; Post Office Address for petitioners Main Road Southold, New York 11971 O NAME PROOF OF MAILING OF NOTICF ADDRESS SUE K. O'DELL HELEN M. RUST 13411 Apple Tree Road, Houston, Texas 77024 140 Broadway, New York, New York 10005 STATE OFNEW YORK) COUNTY OF SUFFOLK) SS.: Mary Diana Foster , residing at McCann Lane, Greenport, New York , being duly sworn, deposes and says that on the 16th day of November ., 19 77 , 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 Southold, New York ; that said Notices were mailed to each of said persons by (certified) (,~m:e~) mail. Sworn to. fore me this 16th day~_~ogembe~ ,~ /,~Z7~ ./ J No~y Public M=3072 Standard N.Y.B.T.U. Form 8041' 9-76-7oM -Contract of Sale :ONSULT YOUR LAWYER BEF~'~SIGNING~ THIS INSTRUMENT--THIS INSTRUW~ SHOULD BE USED BY LAWYERS ONLY. ~IOTF_.: FIRE LOSSF_,8. This form of contract contains no express provision as to risk of loss by fire or other casualty before delivery of the deed. Unless express provision is made, the provisions of Section 5-1 31 I of the General Obligations Law will apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing, THIS AGREEMENT, made the day of , nineteen hundred and Sevent:y-seven. BETWEEN GLADYS W. JEPSON, res~dtug at Eastern Suffolk Nursing Home, (no number) North Road, Greenport, New York 11944, bereinafterdescribedastheseller, and CFCELIA FTWALD and FRANC~S P. KOZLOWSKY, residing at 3376 Edgarton Avenue, Wantaugh, New York 11793, hereinafter described as the purchaser. ~tqTNF~$ETH, that the seller agrees to ~11 and convey, and the purchaser agrees to purcha~, all that certain plot, piece or panel of land, ~th the buildings and improvements thereon erected, situate, lying and being ~X~ at Pecont¢ s tn the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Indian Neck Road at the northeasterly corner of land of Helen M. Rust; running thence along said southerly line of Indtafl Neck Road, easterly 174 feet, more or less, to land formerly of Katzenberg and now of Odell; thence along said land formerly of Katzenberg southerly about 1200 feet to ordinary high water mark of Peconlc Fay; thence along said high water mark westerly, 175 feet, more or less, to said land of Helen M. Rust; thence along said land of Helen M. Rust northerly 1300 feet, more or less, to the point of beginning, said premises containing 5.0 acres, more or less. This contract is subject to purchasers, at their own cost and expense, obtaining a variance from the Southold Town Zoning Board of Appeals to divide the above property equally into two lots so that each lot would have Pecunic Bay frontage of 87.50 feet, more or less, and road frontage on Indian Neck Road of 87 feet, more or less, by the December meeting of the Southold Town Zonin'g Board of Appeals. If said variance is net granted by said date, the contract ~ayment shall be returned to the purchaser and this contract terminated. 11 This sale includes all right, title and interest, if any. of the seller in and to any land lying in the bed of any street, road or avenue opened or proposed, in front of or adjoining said premises, to the center line thereof, and ali right, title and interest of the seller in and to any award made or to be made in lieu thereof and in and to any unpaid award for damage to said premises by reason of change of grade of any street; and the seller will execute and deliver to the purchaser, on closing of title, or thereafter, on demand, all proper instruments for the conveyance of such title and the assignment and collection of any such award. \ \ \ \ \ \ TOWN / OF T 28 79.4A (c) ( UNDER~'A TlR LANO} C REEK 2.5 5.5A FOR PARCEL NO. ;EE SEC. NO. 098 -05~00?