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HomeMy WebLinkAbout2100 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 Office, Main Road, Southold, New York, on February 5, 1976, on the following appeals: 7:45 P.M. (E.S.T.) upon application of R. G. Terry, Jr., Esq. a/c John and Dinka Anticev, !1t5-74th Street, Brooklyn, N.Y. for a variance in accordance with the Zoning Ordinance, Article II!, Section 100,30 and Bu~k Schedule for permission to divide property with insufficient width and area. Location of property: W/S Gagen's Landing Road, Southold, bounded on the north 'by Bogovic; east by Gagen's Landing Road; south by Butkovich; west by Radich, Bogovic, Fisher. 8:00 P.M. (E.S.T.) upon application of Michael Fronimakis, 817 - 53rd Street, Brooklyn, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission t° set off lot with insufficient area (with eXisting dwelling). Location of property: North Road, Southold, bounded on ~he north by A. McGunnigle; east by Lighthouse Road; south by North Road; west by A. McGunnigle. 8:15 P.M. (E.S.T.) upon application of Craig A. Richter a/c William Jacob, North Road, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to occupy proposed dwelling unit in existing building. Location of property: CR27 & McCann Lane, Greenport, bounded on the north by Eastern Shores Subdivisi, east by Walter Fo Stedjeski; south by North Road; west by Eastern Shores & William Jacob. Legal No~ice Pg. 2 Southold Town Board of Appeals 8:30 ~.M. (E.S.T.) upon application of Kenneth & Susan Lange, 1887 Newfield Avenue, Stamford, Connecticut, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lots with insufficient area. Location of property: Private Roads: East Lane, North Lane & South Lane, East Marion, New York, bounded on the north by North Lane - Thorp; east by McCue - Senko; wouth by South Lane - Gardiners Bay - west by East Lane - Zwanziger. 8:45 P.M. (E.S.T.) upon application of Philip J. Ofrias, Jr. Esq. a/c Julius Zebroski, Bayview Road, Southold~ for a variance in accordance with the Zoning Ordinance, Article III, Secion 100-31 for permission to use undersized lots. Location of property: North side of Bayview Road and west side of Waterview Drive, Southold, bounded on the north by J. D'Alias; east by Waterview Drive; south by Main Bayview Road; west by H. Henry - Creek. 8:55 P.M. (E.S.T.) upon application of Freddy J. Schwonik a/c Joseph S. Connelly, 786 Circle Avenue, Franklin Lakes, New Jersey for a variance in accordance with the Zoning Ordinance, Article iii, Section 100-30 and Bulk Schedule for permission to construct addition with insufficient side yard. Location of property: Peconic Bay Blvd., Laurel, bounded on the north by Great Peconic Bay Blvd.~;_east by Brisotti~ south by Delileo; west by J. Connelly. LEGAL NOTICE Notice of Hearings Pm'suant to Section ~7 of t' Town Law and the provisions. 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 Office, Main Road, Southold, New York, on February 5, 1978, on the following appeals: 7:45 P.M. (E.S.T.) upon ap- plication of R.G. Terry, Jr., Esq. a-c John and Dinka Anticev, 1115- 74th Street, Brooklyn, N.Y., 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 and area. Location of property: W-S Gagen's Landing Road, Southold, boundedon the north by Bogovic; east by Gagen's Landing Road; south by Butkovinh; west by Radich, Bogovic, Fisher. 8:00 P.M. (E.S.T.) upon ap- plication of Michael Fronhnakls, 817-53rd Street, Brooklyn, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient area (with existing dwelling). Lceatie~ ~f. p~operty: North Road, Southoia, bounded on the north by A. MeGunnigle; east by Lighthouse Road; south by North Road; west by A. McGunnigle. 8:15 P.M. (E.S.T.) upon ap- plication of Craig A. Richter a-c William Jacob, North Road, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to occupy proposed dwelling unit in existing building. Location of property: CR27 & McCann Lane, Green- port, bounded on the north by Eastern Shores Subdivision; east by Waiter F. Sledjeskl; south by North Road; west by Eastern Shores & William Jacob. 8:30 P.M. (E.S.T.) upon ap- plication of Kenneth & Susan Lange, 1887 Newfield Avenue, Stamford, Connecticut, for a variance in accordance with the Zoning Ordinance, Article III, Section 100~30 and Bulk Schedule for permission to set off lots with insufficient area. Location of property: Private Roads: East Lane, North Lane & South Lane, East Marion, New York, bounded on the north by North Lane-- Thorp; east by McCu~qenko; south by South Lane~Gardiners Bay--west by East Lane-- Zwanziger. ~ r 8:45 P.M. (E.S.T.) upon ap~ plicatiun of Philip J. Ofrias, Jr.~ Esp. a-c Julius ZebroskiI Bayview Road, Southuld, for ~{ variance in accordance with th~ Zoning Ordinance, Article III{ Section 100-31 for permission tt use undersized 10ts. Location o~ property: North side of Bayvie'~ Road and west side of Watervie~ Drive, Southold, I~ounded on th~ orth by J. D Ahas; east b) Waterview Drive; south by Main Bayview Road; west by H Henry-Creek. ~.- 8:55 P.M. (E.S.T.) upon ap- plicatiun of Freddy J. Schwonik a-c Joseph S. ConneHy, 786 Circle Avenue, Franklin Lakes, New Jersey for a variance in ac- cordance with the Zoning Or- dinanee, Article III, Section 100- 30 and Bulk Schedule for per- mission to construct addition' with insufficient side yard. Location of property: Peeunic Bay Blvd., Laurel, bounded on the north by Great Peconic Bay COUNTY OF SUFFOLK, ! STATE OF NEW YORK, ? ss: .......... S.tua~.'c. C,.. DorT:n.,~.~. ........ being duly Sworn, he s~s that ....... is Printer and Publisher of ~e SUFFOLK WEEKLY TIMES, a news~per pubtish~ at Greenport, in s~d county: and ~at the noti~, of which ~e ~ne~ is ~ print~ copy, h~s been published in the ~d Suffolk Week~ Times once in each week, for ...... ~g..(~] ............ weeks suc~ssively ~e . ~en~-ninth .................... day of J~r~~.-'~'~ ..... Sworn to ~fore me this . .?.~. ..... l day of ..~u-~V.~.~... 19.~.~: ] ...... '/'V .......... ...... . . ...... LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordi-. nance of the Town of Soothold, New York, public hearings will be held by the Zoning Board of Appeals, at the Town Office, Main Road, Southold, Ne~v York, on February 5, 1976, on the following appeals: 7:45 P.M. (E.S.T.) upon ap- plication of R.G. Terry, Jr., Esq. a/c John and Dinka Anticev, 115-74th Street, Brooklyn, N.Y., 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 and area. Locaton of property: W/S Gagen's Landing Road, Southold, bounded on the north by Bogovlc; east by Gagen's Landing Road; south by Butkovich; west by Radich, Bogo- vic, Fisher. 8:00 P.M. (E.S.T.) upon ap- plication of Michael Fronlmakis, 817-53rd Street, Brooklyn, N.Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with insufficient area (with existing dwelling). Location of property: North Road, Southold, bounded on the north by A. McGunnigle; east by Lighthouse Road; south by North Road; west by A. McGun- nigle. 8:15 P.M. (E.S.T.) upon ap- plicaton of Craig A. Richter a/c William Jacob, North Road, Greenport, New York for a vari- ance in accordance with the Zoning Ordinance, Article 111, Section 100-30 and Bulk Schedule for permission to occupy proposed dwelling unit in existing building. Location of property: CR27 & McCann Lane, Greenport, bound- ed on the north by Eastern Shores Subdivision; east by Walter F. Sledjeski; south by North Road; west by Eastern Shores & William Jacob. 8:30 P.M. (E.S.T.) upon ap- plication of I~enneth and :~usan Lunge, 1887 Newfield Avenue, Stamford, Connecticut, for a vari- ance in accordance with the Zoning Ordinance; Article Ill, Section 100-30 and Bulk Schedule for permission to set off lots with insufficient area. Location of pro- perry: Private Roads: East Lane, North Lane and South Lane, East Marion, New York bounded on the north by North Lane - Thorp; east by McC~.e-Senko; south by South Lane-Gardiners Bay; west by East Lane - Zwanziger. ~' 8:45 P.M. (E.S.T.) upon a~- plication of Philip J. Ofria~, Jr., Esq. a/c Julius Zebroski, Bay- view Road, Southold, for ~ vari- ance in accordance with the Zoning Ordinance, Article 11I, Section 100-31 for permission to use undersized lots. Location of property: North side of Bayview Road and west side of Waterview Drive, Southold, bounded on the north by J. D'Alias; east by Waterview Drive; south by Main Bayview Road; west by H. Henry- £reek. 8:55 P.M. (E.S.T.) upon ap- .plication of Freddy J. Schwonik a/c Joseph S. Connelly, 786 Circle Avenue, Franklin Lakes, New Jersey for a variance in accord- 'ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition with insuffici- ent side yard. Location of pro- perty: Peconic Bay Blvd., Laurel, bounded on the north by Great Peconic Bay Blvd., east by Brisot- ti; south by Delileo; west by J. Connelly. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: January 22, 1976 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-1/29 COUNTY OF SUFFOLK t STATE OF NEW YORK~ ss: Sherley KarT, being duly sworn, says that she is on Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice cf which the annexed is a printed copy, nas been published in said Long Island Traveler-Watch- man once each week for / · weeks successively~ commencing on the ..~/. ........................... .... :.; ../c.....i-. ............... ......... ................. Sworn to before me this ...~..F_.) .............. day of ............... ~ 19.[.,,;... FOlt~ NO~ 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL FiFe No .................................................................. Date ............................... ~....~. ........... , 19.?..~., ...... ,or ,,r~,, ,o Z ..... =,. ............... =, ,~e prem,,~s ,oc,,e~ a, ..~.~...~., .... ~..M~...A., .......................... ,,r~, ~ .,.~...o.ed o. ,he ,o,,ow;.~ ~rou.~...~...~.~.~ .~..~...~.~....~...~.~...:7~~.~......- ................................................. © O TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE~.'.. :../.~./..../../~ ~'/~ TO THE ZONING BOARD OF APPEALS~ TOWN OF SOUTHOLD, N. Y. · ............... of ..... Name of Appella,nt Street and Number Riverhead New York ............................ J-IE.K~'UY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDIN/~. INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .......... .///./.'~:..~.~.. ......................... WHEREBY THE BUILDING INSPECTOR DENIED TO Julius Zebroski Name of Applicant for permit ...................... .................... ............... Street and Number Municipality State of ( ) PERMIT TO USE ( ) PERM, IT FOR OCCUPA, N/g~ 1. LOCATION OF THE PROPERTY North side of Bayview Road and West 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 Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) 100-31 (area requirements) 3. TYPE OF APPEAL Appeal is made herewith for (×) 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. !6 Sec. 280A Subsection 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 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 on June 25, 1965 ~ and October 22 , 1965, Julius Zebroski entered into written contracts for the sale of two parcels of land. (Copies of these contracts are annexed hereto.) That at the time these contracts were entered into, Zebroski was willing and able to convey that portion of the property described in each contract. During the ten years between the execution of the contracts and the date set for delivery of the deed, the Zoning ~onn zB! Ordinance of the (Continue on other side) Town of Southold has set minimum lot sizes with which the conveyances described in the con- tracts do not comply. REASON FOR APPEAL O O Continued 1. STRICT APPLICATION OF THE ORDINANCE would pr~uce practicaldifficulties orunneces- soN HARDSHIP becau~ the proposed purchasers have, in good faith, and over a period of the ten years paid the full purchase price for the parcels described in the contracts. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this prope~/ and in this use district becouse there are no other parcels known to the applicant which were sold in a manner whereby the contract of sale, rather than a mortgage, was used to secure pay- me. to 3. The Variance would obse~e the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there are numerous other pre-existing parcels in the district which are no larger than those which are the subject of this application. ss .... Z:~c'.~.. :.Z.,~,~ ............................................ / ......... COUNTY OF SUFFOLK) .-~ Signature _ / PHILIP J. OFRI~JR. _~ December / Sworn to this /~:~ day u, ................. March 26, 1976 Philip J. Ofriae, Jr., Esq. 737 Roanoke Avenue R~verhead, N. Y. 11901 Julius Zebroski - Appeal No. 2100 Dear Mr. Ofrias: Aa you know, hearing of the above applicant was recessed on February 5th, 1976 to 7:45 P.M., March 18, 1976. At a meeting of the Board of Appeals on March 18, 1976 it was further recessed to 8500 P.M., Thursdey, April 8, 1976 as the Board has not received any reco~mendations fro~ the Planning Board or the Department of Environmental Conservation. Yours truly, :mm MarJ0rie McDermott Secretary February 13, 1976 Mr. John Wickham, Chairman Southold Town Planning Board Main Road Southold, N. Y. 11971 Dear Mr. Wlckham= On February 5th, 1976 a public hearing was held on application of Philip J. Ofrias, Jr., Esq. a/c Julius Zebroeki, Bayview Road, Seuthold, New York. The applicant entered into contract for the sale of two parcels of land in 1965. At the t~me the contracts were entered into Mr. Zebroski was able to convey that portion of the property demcrihad in each contract. He, at that time, also promised to dig a canal behind each property. It is now time to convey the properties but during the ten years since the contracts were signed the Zoning Ordinance of the Town of Southold has set minimum lot sizes. (Copy of sketch and County tax map enclosed). Copies of contracts are in Board of Appeals files. On February 5th, IT WAS RESOLVED that this hearing on Appeal No. 2100, Julius Zebroski, Bayview Road, Southold, New York shall be recessed until 7245 P.M. (E.S.T.) March 18, 1976 to allow time for applicant to seek Southold Town Planning Board and Department of Environmental Conservation approval. The Chairman of the Board of Appeals asked Mr. Ofrias, attorney, to su~it a survey of the entire parcel. Yours truly, Enclosures MarJorie McDermott Secretary PHILIP J. OFi~IAS, JR. March 29, 1976 Southold Town Board of Appeals Main Road Southold, New York 11971 RE: Julius Zebroski Appeal No. 2100 File No. X-4290 Attention: Marjorie McDermott Dear Mrs. McDermott: With reference April 8~ 1976~ could hold the to the above matter presently scheduled for I would appreciate it if the Board of Appeals entire matter in abeyance. Because of what appears to be the overwhelming difficulties we would face with the Department,~f Environmental Conserva- tion and the Army Corps of Engineers, Mrs. Zebroski is at- tempting to negotiate a settlement of the two contracts of sale. Thank you very much. Sincerely, Philip J. Ofr~as, Jr. PJO:jg dUDITH T. BI]KEN 0 OFF$/RK SrlUTHnLD, L. I., N. Y. 119'71 To: From: Re: To: January 14, 1976 Southold Town Zoning Board of Appeals Judith T. Boken, Town Clerk Application of Philip J. Ofrias, Jr. a/c Julius Zebroski for a variauce. I have on file in my office notification by certified mail Mr. & Mrs. Sauto D'Alia, 550 Grand Street, Brooklyn, N.Y. 11211 Harry Henry, 189 Dean Street, Valley Stream, New York B~ken Town Clerk O CONSULT YOUR LAWYER BEI~ORE SIGNING THIS INSTRUMENT~THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY, ~,~..7'~,/~ ~,,~..- ffHl~ AGREEMENT, made the ,~..~,./t) day of,~l~t~i:lG~ , nineteen hundred and SJ.Xty-fivo BE2~VEEN JULIUS ZEB~t)S~Is residing at Southolds Suffolk Oounty, Now York, hereinafterde~n'bedasfeseller, and FRANK E. McCRORY and OAROLYN 0. MeGRORYs his wife, both residing at 22 West Haven Drive, East Northport, Suffolk County, New York, hereinafter de~fiMd as tbe ~rcha~r. WITNESSETH. that the seller agrees to mil and convey, and the purchaser agrees to purchase, all fiat ~rtah plot. p~e or parcel of land. ~~~.~ situate, lying and being '..~ at BaFv~ew, in the Town of Southold, County of Suffolk and 8tats of New York, more particularly bounded and described as parcel 0 on the photo-copy of a sketch marked Exhibit Ia a copy of which is attached to this agreements sisned by the parties heretos and made a part hereof. IT IS UNDERSTOOD AND AGEEED that the premises a~ovo des- ,cribed is vacant land and that all provisions contained in this contract which refer to and are applicable to improved property omly are hereby deemed deleted. IT IS UNDERSTOOD AND AGREED that on or before April 30~ 1966, the seller will at his own expense, dig the proposed 40' canal which is shown on Exhibit I~ Seller will provide fifty (50) yards of topsoil delivered at the property at seller,S expense. Seller will at seller's expense grade the premises t~ar~s the proposed canal. It is intended that for this purpose any neeessar,y fill will be taken out of said proposed canal at the time the saz~ is dug. This sale inelucle, all right, tltl~ and nterest if an~ oi the seller in and to any land y ng n the bed of any street, road or avenu~ o~ned or Ibroposed. in front Of o~ adjainil~ said ~remises. to the center line hereof, and a r ght. itle and interest of tM seller in and to any award made o[t.e M~ilmsd~ il~'lieu thdreof an~ sn and to any unpaid award for damage to said premlse~ by reamu oj chan$~ of grade of any str~er~ and th~ s? er will execute and deliver to the purchaser on closing of title. ~r ~ereafter. on d~na,~l, all p~roper io~st~umen~s ~og the coi~veyance of such title and the assignment and collection of any such awed. The price is . ~ ,: ,11, 03.SO0e00 ~ Dol~rs, p~y,d~le ss follows: # $700.00 ~ (~e~m ~20 recoive~ ~s a o~l.~,, dot, on ~ }D on the si~ing o~ this contract, by check shbject to c~ll~tlon, the ~ceipt of which b hereb~ ac~now]edge~; "i~ chsh or g~d certified check on the del~ery of the d~ as hereinafter pro~ded~ .......... ~ Dollars. by taking title subject to a mortgage now a lie~aid premises in that amount, b~aring interest at the rate of ~ ~nt ~r annum, the pHncipal bei~ d~able ~ Dollars, by the purchaser or assigns executing, ackno~ing and delivering to the seller a bond or, at the option of the seller, a ............. t~ together with interes~ at the rate of ~r ~nt tho balance of T~ENTY-EIGHT H~,;DRP~D (~2,~00) Dollars in ten annual installments of TKO FDVN~tED EIGHTY (~;280) Dollars each, to~other with interest at the rate of five (5) percent per annum payable with said installments. The first such installment and interest payment is to bo made one (1) year from the date hereof and the same are to continue until the entire b~lance and all interest is paid in full, at 'which (continued on rider attached hereto) Any bond or note and mortgage to be given hereunder shall be drawn on the standard forms of New York Board of Title Underwriters;~, for mortgages of llke lien;, and shall be drawn by the attorney., for he se er at he expense of the purcha, er,s who shall also pay the mortgage recording tax and recording fees and pay for and affix to such instruments any and all revenue stamps that may be necessary. If such purchase money mortgage is to be a subordinate mortgage on the premises it shall provide that it shall be subject and subordinate to the lien of the existing mortgage of $ , any extensions thereof and to any mortgage or consolidated mortgage which may be placed on the premises in lieu thereof, and to any extensions thereof provided (a) that the interest rate thereof shall not be greater than per cent per annum and (b) that, if the principal amount thereof shall exceed the amount of principal owing and unpaid on said existing mortgage at the time of p]aci,~g st,,c4 na.~ mortg~,e o~ cons~,lldated mortgage, th~. ~xc~ss bo p~,id to the holder of such purchase money mortgage in reduction of the priaciO~al thereof. Such purchase money mortgage shall also p~'ovide that such payment to the holder thereof shall not alter or ~ffect the regular inslallments, if any, of principal payable thereunder and shall further ,rovide that the holder thereof will, on demand and without charge therefor, execute, acknowledge and deliver any agree- ment or agreements ~rther to effectuate such subordination. If there be a mortgage on the premises the seller agrees to deliver to the purchaser at the time of delivery of the deed a proper certificate executed and acknowledged by the holder of such mortgage and in form for recording, certifying as to the amount of the unpaid principal ~nd interest thereon, date of maturity thereof and rate of interest thereon, and the seller shall pay the fees for r~cording such certificate. Said premises are sold and are to be conveyed subject to: 1. Zoning regulations and ordinances of the city, town or village in which the premises lie which are not violated by existing structures. pl-oviding property satisfies zoning requirements. 2. Consents ~Y the seller or any former oWner of premises for the erection of any structure or structures on, under or above any street or streets on which said premises may abut. 3, Encroachments of s!oops, areas, cellar steps, trim and cornices, if any, upon any street or highWay. ~. Any state of fa~ts an accurate survey may show, provided title thereto is not rendered unmarketable. All m)tes or helices of violations of law or municipal ordinances, orders or requirements noied in or issued by the Depart- ments of Housing and Buildings. Fire. Labor. Health, or other State or Municipal Department having jurisdiction, against or a~ecti.g the premises at the date hereof, shall be compl~e~l with by the seller and the premises shall be conveyed free of the same, and this provision of this contract shall survive delivery of the d~ed hereunder. The seller shall furnish the purchaser with an authorization to make the necessary searches therefor. merit or assessments which are or may become payable in an~u'al i~hich the first installment is then a charge or lien, or has been paid, then for the purposes of this~Gm~,e'c't'"~the unpaid installments of any such assessment, including those syhlch are to become due and pa az.~/~a'fi'~'?"'~e delivery of the deed, shall be deemed to be due and payable and ::. _u: '4::: --~:.~ '2:: ~::--':!::: -qz~:~":'--'Z?- b:.' '~; :c!!:-', ':~::: t~:--' J-c!~¥:::: ~f ~.h~ d~ed. The following are to I~ apportioned: (I) Rents as and when collected. (2) Interest on mortgages. (3,) Premiums on existing transferable insurance policies or renewals of those expiring prior to the closing. (4) Taxes and sewer rents, if any, on the basis of the fiscal year for which assessed. (~) Water charges on the basis of the calendar year. (6) Fuel, if any. if the closing of the title shall occur before the tax rate is fixed, the apportionment of taxes shall be upon the basis of the ax rate for the next preceding year applied to the latest assessed valuation. If there be a wa~er meter on the premises, the seller shall furnish a reading to a date not more than thirty days prior to the time herein s~,t for c[osing lltle, and the unfixed meter charge and the unfixed sewer rent. if any, based thereon ~or the intervening lime shall he apportioned on the basis of such last reading. d deed in proper statutory short ave revenue stamps in the ~ed by subdivision 5 of ............... ~ ...... .~ · .~ · _.l t... ~pter 46 of the AdmmastraUye Cqde of the City of amount of the Real Property transfer lax. ~mpos~'~k'ff~;.~'~-jid statute and the regulations ~ssued pursuant to me York and will also deliver to the purchaser the r~CJ,~.~r'Yequlr? uy t~,,:: ~ . . .k- s~;~ .~,... and to - ' the seller; he purchaser agrees to szgn and swear to [.~ The seller shall give and the purchaser shall accept a title such as I'O~LltGblo tit, lO Bolll~any raining an office in Suffolk County~ . a ~ember of the New York Board of Title Underwriters. will approve and insure. AIl sums paid on account of this contract, and the reasonable expenses of the e~amination of the title to said premises and ct the survey, if any, made in connection therewith are hereby made liens thereon, but such liens shall not continue after default by the purchaser under this contract. , and art c es of personal property attached or appurtenant to or used in connection with said premises are repre- sented to be owned by the seller, free from ali iens and encumbrances except as herein stated, and arc included in this sale; without limiting the generality of the foregoing, such fixtures and articles of personal property include plumbing, heating, lighting and cooking fixtures, air conditioning fixtures and units, ranges, refrigerators, radio and television aerials, bathroom an$ kitchen cabinets, mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, w~ndow boxes, storm doors, mail boxes, weather vanes, ~a~poles, pumps, shru~,bery and outdoor statuary. The amount of any unpaid taxes, assessments, water charges and sewer rents which the seller is obligated to pay and discharge, with the interest and penalties thereon to a date not less than two business days after the date of closing title, may at the option of the seller be allowed to the purchaser out of the balance of the purchase price, provided official bills therefor with interest and penalties thereon figured to said date are furnished by the seller at the closing. If at the date of closing title there may be any other liens or encumbrances which the seller is obligated to pay and discharge, the seller may use any portion of the ~alance of the purchase price to satisfy the same. provided the seller shall have delivered to the purchaser at the closing of title instruments in recordable form and sufficient to satisfy such liens and encumbrances of record, together with the cost of recording or filing said instruments. The purchaser, if request is made within a reasonable time prior to the date of closing of title, agrees cosm se arate certified checks as requested, aggregating the amount of the balance of the purchase price, to to tbaet &ha~isf~cti~gn o~any such liens or encumbrances. The existence of any such taxe~ or ether l,~:ns and encumbrances shall not be deemed objections to title if the seller shall comply with the foregoing requirements. If a search ~f the title discloses judgments, bankruptcies or other returns against other persons haviag names the same as or similar to that of the seller, the seller will on request deliver to the purchaser an affidavit showing that such judgments, bank- mptcies or other returns are not against the seller. In the event that the seller is unable to convey title in accordance with the terms of this contract, the sole liability of the seller will be to refund to the purchaser the amount paid on account of the purchase price and to pay the net cost of examining the title, which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the net cost of any survey made in connection therewith incurred by the purchaser, and upon such refund and payment being made this contract shall be considered canceled. The deed shall be delivered upon the receipt of said payments at the office of ~Glte~' when payments ,have been fully made. Main R°ad~ Bouthold~ New Yox, k~/ a~X The parties agree that 110. b~,pk®r brought about this sale and the seller ago'ecs to pay the commission at the rated:' established or adopted by the Board of Real ;'stale Brokers in the locality where the property is situated. It is understood and agreed that all understandings and agreements heretofore had between the parties hereto are merged in this contract, which alone fully and completely expresses their agreement, and that the same is entered into after full investigation, neither party relying upon any statement or representation, not embodied in this contract, made by the other. The purchaser has inspected the buildings standing on said premises and is thoroughly acquainted with their condition. This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind the heirs, executors, administiators, successors and assigns of the respective parties. If two or more persons constitute either the seller or the purchaser, the word "seller" Or the word "purchaser" shall be conslrued as if it read "sellers" or "purchasers" whenever the sense of this agreement so requires. Ill ~rlTNF. S~ ~--IEREOF, this agreement has been duly executed by the parties hereto. In presence of: -' '--' JuIius Zebroski / - - ~ra~ MoGror~ , -- ' Oa~ol~ C. MoGrory ~ · ~a~' ~' ~ ~ ~m~a~t ~ntaina ~o e~p~cis ~bviaion a~ to zisk of loss by fire ov other O O RIDER TO CONTRACT O1v SALE BE~%4E,EN JULIUS ZEBROSKI AS SELTR~ AI~D F~N~ E. ~GRORY ~d CAROL~ O, (continued fr~ page two of ~he contract of aalel.) time the purchaser shall receive a deed in"~prope~' form for reo0rd, duly executed and acknowledged, and have revenue stamps in the proper amount affixed thereto by the eelle~ at the acllerta ex- pense ac as to convey to the purchaser the £ce..aimpl~ Of the said premises, free of all encumbrancest except aa heroin Ctat~d~ mad shall also contain tho covenant req~trod by subdivision % of Sec- tion 13 of tho Lien Law. Conveyance ia to be made by Bargain and gale Deed with covenant against grantor*s The above obligation shall be prepayable~ln whole or in. multiples of One Hundred {$100) Dollars without penalty, guoh pa.~m~nts will neither decrease or excuse any of the succeeding pa~ments~ but will decrease the ter~ o~ the contract. If default shall be made in the palment of' any of the installments or interest aa herein provided, or in the payment of taxes aa herein provlded~ and such default shall continue fol' a period of thirty day~, then after the lapse of such period~ thiS, contract shall, at the option of the seller, at once oease~ deter- mine and become void and all sums and installments previousl~f paid shall, at the option of the aeller~ withou~ notice or demand of... any kind become forfeited to the seller irrevocably mad be ed by him as liquidated damages. In addition to the.payments as herein provided purchaser is to pay on the l~th day of December of each .and every year a ~eu~ equal to the annualtaxes whiah shall be h~eaft~r taxed o~ asaeeeed upon or levied against the said p~emises. Sta.dard N Y B T.U Form§O4~ll~64-70/vl-Contract of Sale. ~ CONSULT YOUR LAWYER~d~EFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. TH~ AGREEMENT, made the ,.~}. ~ ~C day of 5une . nineteen hundred and sixty-£ive BETWEEN ~TLIUS ZEBROSKI, residing ~t Southold, Suffolk County, l~ew York, hereinafter described as the seller, and HARRY BERGSTEIK, residing at Huntington Station, Suffolk County, New York ll~ Folsom Avenue, hereinafter descried as the purchaser, V~/ITNESSETH, that the seller agrees to ~11 and convey, and the purchaser agrees to purcha~, all that certaN plot, pi~ce or parcel of land, ~gil~I}r.~x~~~X~'s~:~ situate, lying and being.Jl:lZfl~ at Ba~-view, in t.he Town of Southold, County of Suffolk and State bf New York, more particularly bounded and described as parcel B on the photo-copy of a sketch msrked Exhibit I, a copy of which is attached to this a~reement signed by the parties hereto, and made a part hereof. IT IS UMDERSTOOD AND AG~,~._~D that the premises above described is vacant land and that all provisions contained in this contract which 'refer to and are applicable to improved property only are hereby deemed deleted. (continued from page two) shall receive a deed in proper form for record, duly executed and ac- knowledged, and have revenue stamps in the proper amount affixed thereto by the seller, at the seller's expense so as to convey to the purchaser the fee simple of the said premises, free of all encumbrances, except as herein stated, and shall also contain the covenant required by subdi- vision ~ of Section 13 of the Lien Law. Conveyance is to be made by Bargain and gale Deed with covenant against grantor's acts. The above obligation shall be ~.~pay~l~ ~,,~$o1~ or in mul- tiples of One Hundred ($100) Dollars .... ~I~o without penalty. Such payments will neither decrease or excuse any of the succeeding payments, but will decrease the term of the contract. If default shall be ma~e in the payment of any of the install- ments or interest as herein provided, or in the payment of taxes as here in provided, and such default shall continue for a period of thirty days then after the lapse of such period, this contract shall, at the option of the seller, at once cease, determine and become void and all and ins£allments previously paid shall, at the option of the seller, without notice or demand of any kind become forfeited to the seller in- revocably and be retained by him as liquidated damages. In addition to the payments as herein p~ovided the purchaser is to pay 'on~ the l~th day of December of each and every year a s~um equal to the annual taxes which shall be hereafter ~axed or assessed upon or levied against the said premises. Seller will provide fifty (~0) ~ yards of topsoil deliver: ed at the property at seller's expense. Within three (3) months after ~0% of the purchase price had bee~ psid, seller will at seller's expense di~ a forty (~0) foot canal as shown on Exhibit I. Seller will at seller's expense grade the premises tow, rd, the proposed canal. It is intended that for this purpose any necessary fill will be taken out of said proposed canal at the time the sa~e is dug. ]"his sale includes all right, title and interest, if arty, 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 adjoinNg said_premises, to the center line thereof, ~nd all right, title and interest of the seller in and to any award made 0r to be mad~ in li~ t~ergof ind~in ';nd' to~'an~ u~paicl a~ard far da~ige to said pr*raises hy reason o£ change of. grade of any~treet :~nd the seller~ will execu~ and .delDer_.to _the purchaser, on closing of rifle, or thereafter, on demand, all proper instruments for the conveyance of such title and the .assignment and c_ollecti~n ~,f any such award. Tbepriceis THREE TItOUSAND ONE HUNDRED FIFTY (~3,1~0) .......... ........................... Dollars. payable as follows: Tm~E ~m~D~ ?~F?EE~ (~) ................. on the si~ing of ~s c~ntract, by che~ sub~t to coli~tlon, the ~ipt of w~h is ~r~ a~l~g~; in cash ur gu~ ~rtified check on ~e deli~ of ~e d~ ~ hereinafter pro~d~; ~ '~ ~y ta~ng rifle subj~t to a mortgu~e now a lien on s~ p~ ~ ~t am~t. ~g inter~ at ~ ~ate of ~r cent ~r ~num, the ~nclpal ~ing due and pa~le by the purchaser or assigns executing, ackn~owhd~ing and delivering io the seller a bond or, at the option of the seller, note secured by a purchase monody ~- . mortgage on the above premises, in that amount, payable payabl~ ............ ~ogether with interest at lie rate of per the sum or TWO THOU£AND EIGHT HUNDRE~ Th~IRTY-.~IVE ($2,83~) Dollars in ten annual installments of TWO ~JNDR~D ~IGHTY-THREE and ~0/100 (:~283.~0) Dollars each, together with interest at the rate of ~ive (~) percent per annum payable with said installments. The first such installment and interest payment is to be made One (1) year .f~0m~e date hereof and the same are to continue until the entire balance in full, at which time the purChaser (continued bn R~ge one) *Any bond or note and mortgage to be given hereunder shall be drawn on the standard f~'ms of New York Board of Title Underwriters for mortgages of like lien; and shall be drawn by the attorney for the seller at the e~pen~ of the purchasea-. who shall also Pay the mortgage recording tax and recording fees and pay for and affix to ~sch instruments any and al~ revenue stamps that may be necessary. If such purchase money mortgage is to be a subordinate mortgage on the premises it shall pro~ide that it shall be subject and subordinate to the llen of the existing mortgage of $ . any extensions thareof and to any mortgage or consolidated mortgage which may 1~ placed on the pm~s*s in lieu thereof, and to any extensions thereof provided (a) that the interest rate thereof shall not be greater than~: per cent ~ annum and (b) that, if the principal amount thereof Shall eXceed the amount of principal owing and unpaid on said existlug mortgage at the time of placing such new mortgage 0r.~.onS°lidated mortgage, the excess he paid to tl~iholder.of sue. h purchase moo~y mortgage in reduction of the principal thele~f. Such purchase mone~' mortgage shall also pi'or/& that such payment to the holder thereof shall not alter or affect the regular installments, if any, of Princlpal boabl~ t~er~Under'·a~:l shall further PmerOnV~d~e. _t~ _the ?ltder.,ther.eof ~will, on d~m, and, an,d' without charge therefOi', exectlte, ickn~ ledge and cleli~,er any agree' If there be a murtg~age on the premises thi ~eller agrees to deliver io the purchaser at the tini~O~ &livery of the deed a proper certificate executed and acknowledged by the holder of such mortgage and in form For recording, certifying as to the amount of the unpaid principal and interest thereon, date of maturity thereof and rate of interest the~on, and the seller shall pay tha fees for recording such certificate. Said premises'are sold and are to be conveyed subject to: 1. Zoning regulations, and ordina, nces pf tl~ city, towp otvillag~in which the premises Ih: Which are not ,violated ~y 2. Consents by the selhr'or any former owner of premises for the erection of any 'Str~cture ~rUstrtmtures on, under or above any street or streets on which said pr~miSes may abut. s 3. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. g. Any state of faots an accurate survey may' show~ provided t±tIe thereto ~s not rendered unmarketable° All notes or notices of violations of law or municipal ordinances, orders or requlrements noted in or issued by the Depart- ments of Housing and Buildings, Fire, Labor, Health, or other State or Municipal Deptrtment having jurisdiction against or affecting the premises at the date hereof, shall be complied with by the seller and the premises shall be conveyed free of the sa~ne, and this provision of this contract shall survive delivery of the deed hereunder. Th~ seller shall furnish the purchaser with an authorization to make the necessary searches therefor. ~.f~ at tha~tlme of the delivery of the deed, the premises or any part thereof shall be or shall J~va ha~n affected by an ass~ss-.- ment or assessments which are or may become payable in annual installments, of which the first installment is then a charge or lien, or has been paid, then for the purposes of this contract all the unpaid installments of any .such assessment, including those which are to become due and payable after the delivery of the deed, shall be deemed toha due and payable and · ,~ be liens upun the pr~./nises affected thereby and-shall be paid .~:Ldise. harl~l by the-s~h,r,.~ ~f thc-deed. The following are to be apportioned: (1) Rents as and when collected. (2) Interest on mortgages. (5}) Premiums on existing transferable insurancer ~ or renewals of those expiring prior to the closing. (4) T~xes and sewer~r~ts~ if any, on lha~ of the fiscal f~ which assessed. (5) Water charges on the basis of the calendar yce,r (6~',eel i{-~imff. ,~ ' y~r ,~ If tbe t.~.h~.~$th shall occur before the tax rate is fixed, the apportionment of taxes shall be upon the basis of the tax rate'~r~'~t, Pr~cli~ year applied to the latest assessed valuation, If there be a water meter an, the prgmises, the seller shall furnish a read ng to date not more than thirty days prior to the time herein set for closing title, and the unfixed meter charge and the unfixed sewer rent, if any, based thereon for the intervening time shall be apportioned on the basis of such last reading. ~ The deed shall be the usual deed in proper statutory short form for record and shall be duly executed, acknowledged, and have revenue stamps in the proper amount affixed thereto by the seller, at the seller's expense, so as to convey to the purchaser the fee simple of the said xemises, free of all encumbrances, except as herein stated, and shall also contain the covenant required by subdivision 5 of Section 13 of the Lien Law. ~ cl~inff~tli~ilh th~lle~hall deliver to the.-purchaser-a certified check-to the order ~f the City. T~a~urer for the amount of the Real Property Transfer Tax imposed by Title I of Chapter 46 of the Administrative Code of'the City of New York and will also deliver to the purchaser the return requ re~.hy she-said ifa~u~te and the regulations issued pursuant to the authority thereof, duly signed and swore to__b..~t,.tha-~t~'~purchaser agrees to sign and swear to the said return and to cause the said c. hee~ ~nd ' th~.gi~y.R~ist~.prompflyaf~the.el~ing, ogth~itle. - . The seller shall give and the purchaser shall accept a title such as any title comFany doing businos~ in Suffolk County , a Member of the New York Board of Title Underwriters, will approve and insure. All sums paid on account of this contract, and the reasonable expenses of the examination of the title to said premises and of the survey, if any, made in connection therewith are hereby made liens thereon, but such liens shall not continue after default by the purchaser under this contract. All fixtures and articl'es of personal property attached or appurtenant to or used in connection with said premises are repre- sented to be owned by the seller, free from all liens and encumbrances except as herein stated, and are included in this sale; without limiting the generality of the foregoing, such fixtures and articles of personal property include plumbing, heating, lighting and cooking fixtures, air conditioning fixtures and units, ranges, refrigerators, radio and television aerials, bathroom and kitchen cabinets,;mantels, door mirrors, venetian blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery and outdoor statuary. The amount of any unpaid tax~s, assessments, water charges and sewer rents which the seller is obligated to pay and discharge, with the interest and penalties thereon to a date not less than two business days after the date of closing title, may at the optional the seller be allowed to the purchaser out of the balance of the purchase price, provided official bills therefor with interest and penaltins thereon figured to said date are furnished by the seller at the closing. If at the date of closing title there may be any other liens or encumbrances which the seller is obligated to pay and discharge, the seller may use any portion of the balance of the purehasc pdce to satisfy the same, provided the seller shall have delivered to the purchaser at the closing of title instruments in reco~labh form and sufficient to satisfy such liens and encumbrances of record, together with the cost of recording or filing said instruments. The purchaser, if request is made within a reasonable time prior to the date of closing of title, agrees to provide at the closing separate certified checks as requested, aggregating the amount of the balance of the purchase price, to facilitate the satisfaction of any such liens or encumbrances. The existence of any such taxes or other liens and encumbrances shall not be deemed objections to title if the seller shall comply with the foregoing requirements. If a search of the title discloses judgments, bankruptcies or other returns against other persons having names the same as or similar to that of the ~ll~r, the seller will on request deliver to the purchaser an affidavit showing that such judgments, bank- ruptcies or other returns are not ~gainst the seller. In the event that the seller is unable to convey title in accordance with the terms of this contract, the sole liability of the seller will be to refund to the purchaser the amount paid on account of the purchase price and to pay the net cost of examining the title, which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the net cost of any survey made in connection therewith incurred by the purchaser, and upon such refund and payment being made this contract shall be considered canceled. The deed shall be delivered upon the receipt of said payments at the office of Walter George Ka~p when payments have been fully made. Hain Roads Southolds New York/ at o'clock on · 19 The partes agree that no broker brought about this s~le:a~l the seller agreet~o pay- the commission at-the rates established or adopted by the Board of Real ,Estate Brokert i~ ~.c Ioeatlty~bore th~. property is situated. It is understood and agreed that all understandings and agreements heretofore had between the parties hereto are merged in this contract, which alone fully and completely expresses their agreement, and that the same is entered into after full investigation, neither party reb4~g upon any statement or representation, not embodied in this contract, made by the other. The purchaser has snspected the buildings standing on said premises and is thoroughly acquainted with their condition. This agreement may not be changed or terminated orally. The stipulations aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties. If two or more persons constitute either the seller or the purchaser, the word "seller" or the word "purchaser" shall be construed as if it read "sellers" or "purchasers" whenever the sense of this agreement so requires. IN ~tl'l'plF_.,~ %¥I'IEREOF, this agreement has been duly executed by the parties hereto. In preserve of: Julius ~ ~-' zebrookm "' ' {~$' ~"Harry Ber~stein NO'lEi FIRE 1"O~$E$. This form of contract contains no express provision as to rtsk ~''' t ~,,~/~.~ ----of loss by fi/e or other casualty before delivery of the deed. Unless express provision is made, the provisions of Section 240-a of the Real Property Law will apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing. o o G G 3o ~'°4 lo 9 $*$ ,4 (c) .% zo Revisions KEY A~AP 075 t 078 079 0 200 40( Real[ I0o0- 07 ~---,