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HomeMy WebLinkAbout2140 LEGAL NOTICE Notice of Hearings Pursuant t~ 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 th~ Town Office, Main Road, Southold, New York, on June 10, 1976, on the following appeals: 8:00 P.M. (E.D.S.T.) upon application of Stephen F. Griffing, Jr., Esq. a/c Katharine B. Tuthill for a variance in accordance wit the Zoning Ordinance, Article Iii, Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location of property: north side Albo Drive, Laurel, New York, bounded on the north by now or formerly Husing or Nature Conser- vancy; east by E. Marquardt; south by Albo Drive; west by Allan Tuthill & Wf. 8:10 P.M. (E.D.S.T.) upon application of Raymond T. Goodwin, 83 Wilson Street, East Rockaway, New York (William Wickham, attorney) for a variance in accordance with the Zoning Ordinance, Article iii, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback from Private Road. Location of property: South side Peconic Bay Boulevard and Private Road, Laurel, New York, bounded on the north by Peconic Bay Blvd.; east by Private Road; south by right of way Private Rd. west by now or formerly Battenfield. 8:20 P.M. (E.D.S.T.) upon application of Donald A. Arcuri, 60 East 4th Street, Patchogue, N. Y. for a variance in accordance with the Zoning Ordinance, Article iii, Section 100-30 & 100-32 and Bulk Schedule for permission to construct accessory building with insufficient side and rear yard setbacks. Location of property: east side Lighthouse Road, Southold, bounded on %he nord by Long Island Sound; east by Anderson; ~south by Anderson; west by Lighthouse Road. Pg. 2 - Southold Town BOard of Appeals Notice of Hearings 8:35 P.M. (E.D.S.T.) upon application of ORient Trucking & Construction Co., Inc. a/c William Fuccil!o, Sound Road, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30C & Section 100-32 for permission to construct private swimming pool in front yard area. Location of property: Sound Road, Sound Drive, Sunset Lane, Greenport, N. Y., bounded on the north by Sound Drive; east by Sound Road; south by now or formerly C. Jones; west by Sunset Lane. 8:45 P.M. (E.D.S.T.) upon application of Frank & Agnes Zabicky, Cox Neck Road~ Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article iii, Section 100-30 and Bulk Schedule for permission to divide property for second dwelling with insufficie] width and area. Location. of property: West side Cox Neck Road, Mattituck, New York, bounded on the north by P. Neudeck; east by Cox Neck Road; south by S. Becket; west by W. Chudiak. 8:50 P.M. (E.DoS.T.) upon application of Jean M. Jones, West Creek Avenue, Cutch0gue, New York (Wickham & Lark, attorneys) for a variance in accordance with the Zoning Ordinance, Article III, Sect~ 100-30 and Bulk Schedule for permission %o set off lot with insufficient ' ~ w!duh and area. Location of property: East side West Creek Avenue, Cutchogue, N. Y., bounded on the n,~orth by M. S. Todebush; east by Eastwood Sub.; south by E. C. Wylie; west by West Creek Avenue. 9:10 P.M. (E.D.S.T.) upon application of Eastern Long Island Kampgrounds, Inc. by Richard C. Wilton, President, Po O. Box 89, 600 Queen Street, Greenport, N. Y. (Wickham & Lark, attorneys) for a special exception in accordance with the Zoning Ordinance, Article V, Section 100-50 B (5) and Article VI, Section 100-60 B (1) f~r permission to construct campground and trailer park. Location of property: South side North Road (CR27) and Queen Street, Pg. 3 - Southo!d Town Board of Appeals Notice of Hearings Greenport, N. Y., bounded on the north by CR27 (North Road); east by Queen Street & Greenport Village; south by Village of Greenport; west by Village of Greenport, n~w or formerly Fenno, now or formerly Fran,~cisco, now or formerly Sledjeski. Any person desiring to be heard on the above Appeals should appear at the time and place above specified. Dated: May 28, 1976 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS PLEASE PUBLISH ONCE, JUNE 3, 1976, AND FORWARD SEVEN (7) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, MAIN ROAD, SOUTHOLD, N. Y. Copies ma~led to the following on May 28, 1976: Stephen F. Grilling, Jr., Esq. a/c Katharine B. Tuthill William Wickham, Esq. a/c Raymond T. Goodwin Donald A. Arcuri Robert Douglas, Orient Trucking & Const. Co. a/c William Fuccillo Frank & Agnes Zabicky Wickham & Lark a/c Jean M. Jones Eastern Long Island Kampgrounds, Inc. (Wickham & Lark, attorneys) Supervisor Albert M. Martocchia Village of Greenport LEGAL NOTICE ~1 Notice of Hearings th.~ Pursuant to Section 267 of 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, Southuld, New York, on June 10, 1976, on the following appeals'~'~ ~ 8:00 P.M. (E.D.S.T.) upon application of Stephen F. Gril- ling, Jr., Esq. a-c Katharine B. Tuthill 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 Albo Drive, Laurel, New York, bounded on the north by now or formerly Husing or Nature ~ Conservancy; east by E. ~ Marquardt; south by Albe Drive; \ west by Allan Tuthill & Wf. L--q~:10 P.M. (E.D.S.T.) upon application of Raymond T. Goodwin, ~3 Wilson Street, East Rockaway, New York (William Wickham, attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct dwelling with insufficient setback from Private Road. Location of property: South side Pecanic Bay Boulevard and Private Road, Laurel, New York, bounded on the north by Pecanic Bay Blvd.; east by Private Road; south by right of way Private Road.; west by now or formerly Battenfielcl COUNTY OF SUFFOLI~, ] STATE OF NEW YORK, ~ ss: ..... $~u~¥.~ .~.,..~p~u. Layt .............. being duly Sworn. says that ....~.e.. is Printer and Publisher of ~e SUFFOLK WEEKLY TIMES, a news~per pub~sh~ ~ Gr~n~rt, in s~d county~ and ~at th~ noti~, of which ~e ~e~ is u print~ ~py, ~s ~en published in the ~d Suf~lk W~k~ Times once in ~uch w~k, ~or .......... ~..(~ ~ ........ w~ks suc~ssiv~ly oommencing on ~e ...~ ................. JB~ 7 ~ d~ of ...... - ........ ~:~ 19 .... ....... ............ .......... NOTIC]3 OF HEARINGS Pursuant to Section 267 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 Office, Main Road, Southold, New York, on June I0, 1976, on the following ap.- peals: · 8;00 P. M. (ESDT) upon a ' plication of Stephen F. Griffin',, Jr., Esq. a/c Katharine B. Tut- hill for a variance in accord- ance with the Zoning Ordi- nance, Article III, Section 100- 30 and Bulk Schedule for per- mission to divide property with insufficient width and area. Albo Drive, LaureI, New York, bounded on the north by now or formerly Husing or Nature, Conservancy; east by E. Mat'- quardt; south by ~lbo Drive; west by Allan Tuthill & Wf. 8:10 P. M. (EDST), upon ap- plication of Raymond T. Good- win, 83 Wilson Street, East Rockaway, New York liana Wickha~% attorney) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to con- struct dwelling with insufficient setback from Private Road. Lo- cation of property: South side Peconic Bay Boulevard and Private Road, Laurel, New York, bounded on the north by Peconic Bay Blvd.; east by Private Road; south by right of way Private Road; west by now or formerly Battenfield. 8:20 P. M. (EDST) upon ap- plication of Donald A. Arcuri, 60 East 4th Street, patchogue, N. Y. for a v~riance in accord- ance with the Zoning Ordi- nance, Article III, Section 100- 30 & 100-32 and Bulk Sched- ule for permission to construct accessory building with insuf- ficient side and rear yard set- backs. Location of propert5 east side Lighthouse Road. Southold, bounded on the north by Long Island Sound; ~st by Anderson; south by Anderson: ~vest by Lighthouse Roa~l. 8:35 P. M. (EDST) upon ap- plication of Orient Trucking & Construction Co., Inc. a/c Wil- limn Fuccillo, Sound Road. _Greenport, New York for a var- iance in accordance with the Zoning Ordinance, Article I~I. Section 100-30C & Section 100- 32 for permission to cons[ruer private swimming pool in front COUNTY O~ SUFFOLK STATE OF NEW YORK Sherley Kotz, 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 of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ........ J ............................. weeks successively, commencing on the ...... ~... ............................. day of .................. , Sworn to before me this ........................ day of / Commission Exp~r~s Ma~ch ~0, J~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.~ / /4L O TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appella,nt Street and Number Deephole Drive MattitUCk, 'New York 11952 ........................................ .' ................................................................................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING ~NSPECTOR ON ..... ............................... ..... .................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) KATHARINE B. TUTHILL Name of Applicant for permit of ..D...e..e. ~.h...o..Z..e.....D...r..i...v..e...,....M...a..t..~.i...t..u..c...k.,...N...e..w.. :..Y.p..r..k,......Z..%.9...5..2.., ......................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Divide property into two building l~s 1. LOCATION OF THE PROPERTY SW/c 319' E/o Bray "A" District Avenue, NE/s of ~[~ Drive Use District on Zoning Map Map No. Lot No. 2. PROVI:SION (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.) Article III Sec. 100-30 and Bulk SchedUle 3. T/~PE 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. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A 'previous appeal ¢t~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated .......... ~ ........................................................... ( ) ~:) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that (Continue on other side)_ REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because SEE MEMORANDUM OF LAW ANNEXED HERETO AND MADE A PART HEREOF. 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 SEE MEMORANDUM OF LAW ANNEXED HERETO AND MADE A PART HEREOF. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because SEE MEMORANDUM OF LAW ANNEXED HERETO AND MADE A PART HEREOF. STATE OF NEW YORK ) ) ss COUNTY OFSUFFOLK ) ~GRIFFIN At'~'~ney for Sworn to this ......... .4..~.,~. .............................. day of ........... ..~..a..~. ' N~ Yom FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD~ N. Y. NOTICE OF DISAPPROVAL File No ................................................................... Date ............... ~....~. ......... .~./ ........... , 10..~...~.. To ..~.....£: ............ '~..~ .... .~...~.....~~.....~.. ........... ~/~~ ~ PLEASE TAKE NO.'TICE that your application doted ........... ~....~........~. ................ , 197....~... for permi,~t ,o ~'r~lc~....~..(~~...ot the premises JocotecJ at....~..f.~.....~ ........ Map .............. ~ .................. Block ....... ..~...; .......................... Lot ...... ~ .................................... is ....... .... Suffolk County Department of Planning H. Lee Dennison ExecUtive Office Building Veterans Memorial Highway Hauppauge, New York 11787 June 17, 1976 Town of Southold Board of Appeals 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 disapproval. Applicant Municipal File Number Katherine B. Tuthill 2140 Raymond T. Goodwin 2142 Donald A. Arcuri . 2143 Jean M. Jones 2146 Very truly yours, Lee E. Koppelman Director of Planning GGN: fp TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 TOWN CLERK 765-3783 Building Dept. } Planning Bd. 765-2660 Board et Appeals Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article I2-B, Sections 239-~ end m, the ..... .~.O****~..d**..O..~..~2~.~.~*". ........ of the town of .****S**O.**=...~..~.:~d,...~.,...~ (agency ~t¥olved ) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ............ New and recodified zoning ordinance Katherine B. Tuthill Deephole Drive ............ Amendment to the zoning ordinance Mattituck, N. Y. ............ Zoning changes ............ Special permits ...... ..X.... Variances Location of affected land: ..... ~RQKt, h..I~,J,dI~..~I~..Dr:L'~,%..L~.g~.,..~I,...Y ........................... within 500 feet of: (check one or more) ............Town or village boundary line ............ 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 'buildin~ is situated · · .X. · · Shoreline Comments: The Bo~rd agrees with the reasoning of the applicant. The majority of the h~es in this area ere built on 100' lots, s~e on 50' lots. This division will not change the charaoter of the neighborhoo~. (s~n~) Robert W. Gtllispte, Jr. Chairman T~tle Dote received by Suffolk County Planning Commission ........................................................................ File No ................................. June 11, 1976 1~'. George Ahlers 250 Cox Lane Cutohogue, N. Y. Dear Mr. Ahlers 11955 Re~ Appeal No. 2140 Katherine B. Tuthi11 A public hearing was held last night, June 10, 1976 on Appeal No. 2140, upon applio&tion of Stephen F. Grilling, Jr., Esq. a/o Katherine B. Tuthlll for a variance in accordance with the Zoning Ordinance for permission to divide property with insufficient width and area. The property is located on the north side of Albo Drive, Laurel, New York. The petitioner proposed to divide the subject premises into two (2) parcels, each having 100 foot frontage on Albo Drive, the northerly lot will have an area of approximately 22,050 sq. ft., and the southerly lot will have an area of approximately 21,300 sq. ft. After investigation and inspection the Board agrees with the reasoning of the applicant, and IT WAS RESOLVED that applicant be GRANTED permission to divide property located on the north side of Albo Drive, Laurel, New York, as applied for. Yours truly, MarJorie McDermott, Secretary May 10, 1976 Stephen F. Griffing, Jr., Esq. 120 Court Street Riverhead, N. Y. 11901 Ret Katharine B. Tuthi11 Variance Dear Mr. Griffing~ We are in receipt of application, supporting papers, and check in the amount of $15.00 for the above mentioned applicant. This appeal will be scheduled for a June 10th hearing. It arrived in my offioe a little too late to be included on the agenda of our next meeting, May 20, 1976. Legal notices had already been prepared. I will send you a copy of the legal notice for the June 19th meeting as soon as itts prepared. Yours truly, Marjorie McDermott Secretary STEPHEN F. GRIFI~I~Go JR. May 4, 1976 Town of Southold Town Clerk Main Road Southold, NY 11971 Gentlemen: Enclosed please find application for Katharine B. Tuthill for Variance submitted in duplicate with supporting papers and check for $15.00. Sincerely, SFG:cg Encs. STEPHEN F. GRLt~A~I~G. J--fL ATTORNEY AND COUNSELOR AT I.&W 120 COURT STREET June 3, 1976 Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Re: Application of Katharine Baylis Tuthill Gentlemen: Enclosed please find copy of contract between Mrs. Tuthill and Mr. & Mrs. Thomas W. Qualey. Please note that the contract is conditioned upon obtaining variance requested in our application. Very truly yours, Stephen F. Griffing, Jr. SFG:cg Enc. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD APPLICATION OF : KATHARINE B. TUTHILL : FOR VARIANCE : PRELIMINARY STATEMENT MEMORANDUM OF LAW This is an application for necessary area and dimensional variances to permit applicant to divide an existing parcel of land bounded North by land of Allan F. Tuthill and Helen M. Tuthill, his wife, East by land of The Nature Conservancy, South by land of Ernest Marquardt and having a frontage of 200 feet on Albo Drive, in Laurel, Town of Southold, Suffolk County, New York. The property is located in Residential District A. Petitioner proposes to divide the above described premises into two (2) parcels, each having 100 foot frontage on Albo Drive. The Northerly 100 foot lot will have an area of approximately 22,050 square feet, more or less and the Southerly parcel will have an area of approximately 21,300 square feet, more or less. POINT I THE LOT AREA AND LOT WIDTH VARIANCES SHOULD BE GRANTED. The subject parcels contains approximately an acre of land. The requirement of the Zoning Ordinance of the Town of Southold in this District requires an area of 40,000 square feet. The -2- subject premises are presently unimproved. Annexed hereto and made a part hereof is a copy of Suffolk County Tax Map showing the area of the Town of Southoid known as District No. 1000 Section No. 126, Blocks 1 to 11 inclusive. The subject premises are shown on the map as being in Block 2 Lot No. 10. An analysis of said Tax Map (Block 6 being excluded from said analysis as being too distant to be pertinent) shows that out of 205 ownerships, only 16.3 percent of the owners have a frontage of over 100 feet on any public street; and oUt of the same number of ownerships, only 4 percent have as much as one acre in area excluding park areas and properties of Catholic Daughters of America and one 100 acre parcel in Block 7. The Map further indicates that the normal lot in the area is 100 feet or less. There are many 50 foot to 75 foot lots shown on the Map and, in fact, they exceed the number of 100 foot lots. Under the circumstances above stated, the character of the neighborhood and the value of adjoining properties will not be adversely effected by the granting of the variances. Annexed hereto and made a part hereof, is an affidavit of appraisal made by Stanley Sledjeski, a duly licensed Real Estate Broker and who is well familiar with the area, stating that the fair market value of two buildable lots of 100 feet each would be $22,000 or $11,000 each, but on the other hand that the fair market value of the parcel taken as a whole would only be $15,000. This affidavit clearly establishes a significant economic injury if the variance is not granted by the Zoning Board of Appeals. The property which is the subject of this application is in a © 3 sense unique in that in its immediate area, defined as being in the area located in Blocks 2, 3, 8, and 9 on said Tax Map, it is one of two lots having as much as an acre in area or more and one of nine l¢_s out of 85 having more than 100 feet in road frontage. The foregoing statements show that there is a hardship and that the hardship is not shared by all properties alike in the immediate vicinity and that the character of the neighborhood would not be changed by the granting of the variances. In the Case of (Fulling v. Palumbo, 21 NY2d 30, 286 NYS 2d 249; 2 Anderson, New York Zoning Law and Practice, §§18.40, 18.41, 18.42) the Court held that unless the Municipalities can come forward with positive proof that the enforcement of the Ordinance is justified because of public health, safety or welfare that the Variances requested must be granted. CONCLUSION THE REQUESTED VARIANCES SHOULD BE GRA~ ~ IN ALL RESPECTS. Res ~ ~tt r~ey fdr Applic~g,~ Office & P. O. Ad~ss~-/ 120 Court Street Riverhead, NY 11901 Tel.: 516-727-1660 CONSULT YOUR LAWYER Bt:FORE SIGNING THIS INSTRUMENTITHIS INSTRUMENT SHOULD BI USED BY LAWYERS ONLY. NOTE: FIRE LOSSES. 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 :~-I 311 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. 'IHIS AGREEMENT, made the 30t:h day of &pr~.l , nineteen hundred and levlnty-O:LX BETV/F_.EN KA'L"gAI~I~ BAYLIS -£u.~/~., reaLdiug at (no ~J) Del, hell Roads Hatr~ttuck, Haw York LagS2, 22-.23 hereinafter desc~.bed as the seller, and hereinafter described as the purchaser, V~I'I'I~ESS~T~ that the seller agrees to sell and convey, and the purchaser agrees to purchase, ali that certain plot, piece or parcel of land, ~,.0:_'- .L L..:,.3:-:..-.~ ' . ......... L ........... '~. situate, lying and being in the ~m~t Of l~at~ttuck, Sou~hold Total, Suffolk County, Ney York, described aD BEG~G at a point on the northeasterly line o£ Albo Drive 344,0 felt easterly ·nd southealtorly alDUS 8nld Lane and its ex, one,on ve~orly from ~ha ex~eno~on · southerly of tlm easterly line of Bray Avenue; from said point of he~neing ruu~LnS alon~ land of ~he pnrt"y o£ tho f~rot part, North 16° X3e :LO" hot 225 feet, nora or ~eoo, to tho ~uttar; thence southeasterly ~ons 8a~d Sutter 100 feel;, mrs or loll; thence alon~ l~nd COnVGynd or about to be conveyed by the party of the first par~ to the p~rty of the ~ccond par~, South 16° 13~ 10' West 216 fee~, moro or leos, ~o laid northeasterly ~e of Albo Drivel thence along laid nor~h- ealter:Ly l~ne, NOL~Ch 73° ~6~ $0' ~e~t 100.0 feat to the point of TO0~£~ I~ITH all the right, title and interest of the par~y of the first parc in end to Albo Drive a~lJaeant to s~id prenilel to the canter Lane ~horeof. TOCETI~ bLeU the priv~le~ ~n co~on ~lth others ~o u~a a fl~ht of ray lead- Lng frcn the Boulevard, lo called, to Pecon~c by, Vh~ch laid privilege in con~aincd and rec,.ted in deed to George Z. Tuth~Lt, et al., d~ted ApL~:L 17, :L928 and recorde~ Ausuot 13, .1928 in Su-efolk County Clerked of£ice in Libor 1368 of deeds, at pa~o 2~. ~U~'BCT TO tho £ollow~s cOVenAnts and rus~rlctiouol That the prenisen shell be used for residential purpoaal only and no dve:Lling erected thereon shell be for the usa or occupancy of more than one not more then OnG rivalling ihell ba conetructed on the pro,~o for each 100 £lGt (C01fl~'U~ 01~ 'gCItBDULE ~", 11EI~I~T0 ~ ~ t~DP. & PART i. ~hls sale includes all right, title and interest, if any, of the seller in and to any land lying in the bed of any s~reet, road or avenue opened or proposed, in front of or ac~jolning sa~d premises, to the center line thereof, and all right, title and interest of the seller in and to any award made or to be made in beu 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, ali proper instruments for the conveyance of such title and the assignment and collection of any such award. /Q~A~ and ELI~/qlIA~b~Y, his ~Lfa, both rea~lng at 45 Sou~ Drive, Selden, Now York 'L~78~, The price __ - ......... ~ -- Dollars, payable as follows: 3:i~'t.'~ 'I'I!OT0~Y~{l) & 0~}/100 (03s000.00) ............ Dollars, in cash or good certified check to the order of the seller on the delivery of the deed as hereinafter provided; 1~:!!:::, IE{:~ll2' ~'~0~;~ & 00/100 (~8,~0,00)~ ............ Dollars, by the purcha~r or assigns executin;, acknowledging and delivering to the ~ller · b~d or, at ~= op~on of the seller, · note ~ured by a pu~ha~ money ~ ~g~ ' mortgage on the a~ve p~mi~, in that amount, ~yable O~ (~) y~g ~u ~e data ch~8o~, together with interest at the rate of 8-112Z per ~ent per annum payable qutX~C~'lys V'LtJa Cha g'lghC CO prepay elm pr~c~p~ ~ ~ ~ ~ parc at any t~s ~Chout p~aXCy, 3. 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 like lien; and shall he drawn by the attorney for the seller at the expense of the purchaser, who shall also pay the mortgage recording tax and recording fees. and subordinate to the lien of the existing mortgage of $ , any thereof and to any mortgage or consolidated mortgage which may be placed on the premises in lieu to any extensions thereof provided (a) that the interest rate thereof shall not he greater than per annum and (b) that, if the principal amount thereof shall exceed the amount of principal owing and existing mortgage at the time of placing such new mortgage or consolidated mortgage, the excess he such purchase money mortgage in reduction of the principal thereof. Such purchase provide that such payment to the holder thereof shall not 'alter or affect the regular installments, if payable thereunder and shall further provide that the holder thereof will, on demand and without execute, acknowledge and deliver any agree- ment or agreements further to effectuate such subordination. .5. If there be a mortgage on the premises the seller; the purchaser at the time of delivery of the deed a proper certificate executed and acknowledged by of such mortgage and in form for recording, certifying as to the amount of the unpaid p thereof and rate of interest there°n, and the seller shall pay the fees for recording the mortgagee be a bank or other institution as defined in Section 274-a. Real Property Law. the in lieu of the said certificate, furnish a letter signed by a duly authorized officer, or em- ployee, or agent, the information required to be set forth in said certificate. Seller represents that such mortgage will not be it at or as a result of the delivery of the deed hereunder and that neither said mortgage, nor any modifica, tion provision to accelerate payment, or to change any of the other terms or provisions thereof by reason of' the Said premises are sold and are to be conveyed subject to: a. Zoning regulations and ordinances of the city, town or village in which the premises lie which are not violated by existing structures. b. Consents by 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. c. E, ncruachments of stoops, areas, cellar ste~s, trim and cornices, if any. upon any st~et or highway. 7. All notes or notices of violations of law or municipal ordinances, orders or requirements noted in or issued by the Depart- ments of Housing and Buildings. Fire, Labor, Health,"~r other State or Municipal Department 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 same, and this provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish the purchaser with an authorization to make the necessary searches therefor. : o A,, -~.t:-.,: .... ~--':-~ '~- ..... :--- : ....... ~ ::.".~:: t~: E:-,,,:rgc:;,:-y P.~pai;-~ ,,;a-,-i:~.~.~ :.~ t~,~ .A.--J='::;,!a'-Z:-t!-.'~ Ca'~- -~ ~ie ~i[~t ~,i"l~l-e',~'~,~r'l~-~'~ti;~, ~64-1S.0, etc.) prior to the delivery of the deed ~~r upon the delivery of the deed. This provision shall survive the deliver~ ..... 9. If, at the time of the delivery of the deed, the ~ affected,by an assess- ment or assessments which are ~ then .a ,ch~a..r_ge or lien, or has ~~ ,ment. in, c, luding those ~ue,.and pa?.a~ble~ a_n_d 10. The following are to be apportioned: (a) Rents as and when collected. (b) Interest on mortgages. (c) Premiums on existing transferable insurance policies or renewals of, th.o~ e.x?,iring, prior·, to the.~_closing.~___:_ _t(d).~._Taxes._t...~and ...... sewer t,c~rents'l:,,olif i,~any',,,,°n the basis of the fiscal year for t~x' ra~e for the nix, pre~g year applied to the latest assessed valuatto[~ . 12. If there be a water meter on the premises, the seller shall furnish a reacll~ to a date not more than thirty days prior to the time herein ~t fur closing title and the unfix~ meter charge and the unfixed sewer rent. if any, based thereon for the inteFvenlng time shall be ap~rtioned on the basis of such last reading. 13. The d~d shall ~ the usual ~ed in proof statuto~ short form f~s~ ~ a~e~O~ t~o the purchaser tbe fee simple of the said premises, fr~ of all encumbrances, except as herein stated, and shall contain tbe covenant ~equired by subdivision 5 of ~ction 13 of the ~en Law. If the seller is a co~oration, it will deliver to tbe purchaser at the time of tbe delivery of the deed hereunder a resolution of its Board of Directors authorizing the sale and delivery of the deed. and a certificate by the ~retary or Assistant Secretary of the cor~ratlon certifying such resolution and ~tting forth facts showing that the conveyance is in conformity with the requirements of ~ction 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with said ~ction. 14. At the closing of the title the seller shall deliver to the purcha~r a certified ch~k to the order of the recording o~cer of tbe county in which the deed is to be recorded for the amount of the d~umentary stamps to be a~xed thereto in accordance with Article 31 of the Tax Law, and a certified check to the order of the appropriate o~cer for any other tax payable by reason of the delivery of the deed, and a return, if any be required, duly signed and sworn to by the seller; and the purchaser also agrees to sign and swear to the return and to cau~ the check and the return to be delivered to the appropriate o~cer promptly after the closing of title. istrator for the amount of tbe Real Pro~rty Transfer Tax ot the City of New York and will also ~~ul~s issued ursuant to th~ ~fe~,.to the 16. The seller shall give and the purchaser shall accept a title such as . a Member of the New York Board of Title Unde~riters,,is willing to approve and insure. 7. All sums paid on account of this contract, and the reasonable expenses o[ the examination of the title to said premises and of the survey, il any, made in connection therewith are hereby made liens on said premiss, but such liens shall not continue after default by the purchaser under this contract. 8. All fixtures and articles of personal property attached or appurtenant to or used in connection with said premises are repre- sented to ~ owned by the seller, free from al bens and encumbrances except as herein stated, a,d are i~cl~ded in this sale; without limiting the generality of the furegoing, suc~ fixtures and articles of ~rsonal property include plumbing, heating. ght ng and cooking fixtures air condit on ng fixtures and units, ranges, refrigerators, radio and television aerials, bathroom and kitchen cabinets, mantels, door mirrors, venet an blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail boxes, weather vanes, flagpoles, pumps, shrubbery and outdoor statuary. 19. Tbe amount of any unpaid taxes, assessments, water charges and sewer rents which the seller is obligated to pay and dis- charge, 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 he allowed to the purchaser out of the balance of the purchase price, provided official bills therefor with nterest and penalties thereon figured to said date are furnished by the seller at the closing. 20. If at the date of closing there may be any other lens or encumbrances which the seller is obligated to pay and discharge, the seller may use any portion of the balance of the purchase price to satisfy the same, provided the sel er shall s multaneously either deliver to the purchaser at the closing of title instruments in recordable form and sufficient to satisfy such liens and en- cumbrances of record together with the cost of recording or filing said instruments; or. provided that the seller has made arrangements with the title company employed by the purchaser in advance of closing, seller will deposit with said company sufficient monies, acceptable to and required by it to insure obtaining and the recording of such satisfactions and the issuance of title insurance to the purchaser either free of any such liens and encumbrances, or with insurance against enforcement of same out of the insured premises. 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 ~urchase 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. 21. If a search of the title discloses judgments, bankruptcies or other returns against °ther pets°ns having names the same as °r similar to that of the seller, the seller will on request deliver to the purchaser an affidavit showing that such judgments, bank- ruptcies ~r other returns are not against the seller. 22. In the event that the selhr is unable to convey title in accordance with the terms °f this c°ntract' the s°le liability °f 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 incnrmd by the purchaser, and upon such refund and payment being made this contract shall be considered canceled. 23. The deed shall be delivered upon the receipt of said payments at the office of at o'clock on 19 24. The,parties agree that is the broker who brought about this sale and the seller agrees to pay any commission earned thereby. 2.5. It is understood and agreed that all understandings and agreements heretofore had between the parties hereto are merge.c1 in this contract, which alone fully and comphtely expresses their agreement, and that the same is entered into after full invesU- gation, neither party relying upon any statement or representation, not embodied in this contract, made by the other. The purchaser .h. as in, s, pected the buildings standing on said premises and is thoroughly acquainted with their condition and agrees to take title as is and in their present condition and subject to reasonable use, wear. tear, and natural deterioration between the date thereof and the closing of title. 26. This agreement may not be changed or terminated orally. The stlpulations aforesaid are to apply to and bind the heirs, executors, administrators, successors and assigns of the respective parties. 27. If two or more persons constitute either the seller or the purchaser, the word "seller" or the word "purchaser" shall be .... o "urchasers' whenever the sense of this agreement so requires construed as if it read sellers r p ' ' IN ~&'~F-~S WHEREOF, this agreement has been duly executed by the parties hereto. In presence of: .... ANNEXED TO CONTRACT BETWEEN KATHAlllNE BAYLIS TUTHILL, SELLER, AND THOMAS QUAGLL~ ~/~D ELIZABETI{ QUAGLEY, PURENAS~S. of road frontage; that no building or any part thereof shall be erected within 25 feet of the streetline; that no outhouses shall be maintained on the pr~mises; and no dwelling shall be constructed or m~intained on the promtses containing an area of less than 800 square feet and costing less than $10,OOO.O0, ..This contract is conditioned upon .the seller obtaining, on or before August 1, 1976, any necessary approvals from the Planning Beard and/or the Board of Appeals of the Town of Soathold in order to cons~itute the premisss herein about to be sold as a single, one-family residential building parcel, and upon the pur- chaser obtaining approval for the' instalL%Clan of well for water supply and sewage disposal system for a residsnce npon the parcel. In the event such approval or purchaser is mot. so obtained, the seller/may elect to cancel, sad there shall he no further liability on the part of any party to the contract, except that any payments sa account of the purchase price ~teh may ~sve been made in the interim shall be returned to the purchaser. Ths closi~g shall be h~ld aC 1~00 a.m. aC the office of Johe A. O'Kaeffe, attorney for sellar, 120 Court SCre~,. Eive~h~d, New York, on ~y vus~y s~lac~ed by the purcb~aor, after tim uaces~ar~ approvals mentioned in chis contract have be~u obtained, and after ~he ~urchaser ha~ obtained his title report mad survey, hut, :tn no event, after ~p~b~r 1, 1976. 4~'~<~lll~Fi 2oono~c.~].ly p;-ohibitive than the purchasers m,y ~e~;cind this land and there ar~,~ no en~roaohme~ts thereon. In the matter of the Appraisal f the property of Katherine Bayliss Tuthill -- X STATE OF N~.~J YORKt as: COUNTY OF SUFFOLK) AFFIDAVIT OF REAL PROPERTY APPRAISAL STANLEY SLEDJESKI, bei~ duly sworn, deposes and says: I reside at ~ttituck, Suffolk County, New York, and am a duly licensed real estate broker holding license No. 0044~0 for the current year. I am President of Matt Agency, Inc. which is engaged in the real estate and insurance business with office in Hattituck, N.Y. During the past sixteen years I have purchased and sold real property in the townships of Southold and Riverhead,- New York, and have negotiated sales of real property as broker, including acreage, shorefront, residential and business property. I am a member of the appraisal division of the L.I. Real Estate Board. By reason of my experience, I am thoroughly acquainted with the market value of residential property located at Hattituck, New York. On April 23, 1976 Area: that I have examined all that certain plot, piece or parcel of land, situate, lying and being at or near Laurel, in the Town of Southold, County of Suffolk, State of New York and described ~s follows: unfiled subdivision M~~ of George I. Tuthill and others Section 2 owned by Katherine Bayliss Tuthill. Lots numbers 22, 23, 24 and 25 on the north side of Albo Drive, Laurel, N.Y. Each one of the above lots are 50 ft. wide and average approximately 216 ft. deep. The lots in question are well located, zoned residential, nicely wooded. The majority of the homes in this vicinity are built on 100 ft. lots, a few on 50 ft. lots. That in my opinion the fair market value of two (2) building lots equaling 100 ft. on the road as of April 23, 1976 would be $11,OO0.O0 That in my opinion the fair market value of lots 22,23,24 and 25 having a road frontage of 200 ft. would be $15,000.O0 I do not have any personal interest in this property or homs. Stanley ~le~j esk~ Sworn to before me this VINCENT J. KRUPSKi JR. NOTARY PUBLIC, Stale of New York No. 52-4612740 JUDITH T. BOKEN To: F~om: Re: to: RK ~OUTHOLD, L. I,, N. Y. 119'71 May 7, 1976 aouthold Town Zoning Board of Appeals Judith T. Boken, Town Clerk Application of Katherine B. Tuthill for a variance - Appeal no. 2140 I have on file in my office notification by certified mail Mr. &Mrs. Allan F. Tuthill, Albo Drive, Laurel, N.Y. 11948 Mr. Ernest Marquardt, 1396 Harding Street, North Be~lemore, N.Y. 1171( The Naturw Conservancy, Box 72, Cold Spring Harbor, N.Y. 11724 JTB/bn ~Judith T. Boken Town Clerk C O BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of KATHARINE B. TUTHILL to the Board of Appeals of the Town of Southold TO: Allan F. Tuthill and Helen M. Ernest Marquardt, and The Nature Conservancy Tuthill, NOTICE his wife and 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) ~pecqai'E~xeeP~i~n)-(-fPee4~14xevmk')-~he-f~4°wi~g'eet~ Variance to divide property into two (2) lots ).. 2. Thattheproperty whichisthesubjectofthePetitionislocatedadjacenttoyourpropertyandisdes' cribedasfollows: N x land of Allan F. Tuthill and E x land of The Nature Conservancy, S x land of Ernest Marquardt, and W x Albo Drive 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: A District 4. ThatbysuchPetition, theundersignedwillrequestthefollowingrelief: Divide 200 foot lot into two (2) lots each having 100 foot frontage on Albo Drive 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are: Article III Sec. 100-30 and Bulk Schedule 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you 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 tl~e Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: April 28, 1976 KATHARINE B. TUTHILL Petitioner PostOfficeAddress Deephole Drive Mattituck, NY 11952 STEPHEN F. GRIFFING, JR., Esq. Attorney at Law 120 Court Street Riverhead, NY 11901 Tel. 516-727-1660 O NAME Mr. & Mrs. Allan F. Mr. Ernest Marquardt The Nature Conservancy Certified Mail : RRR Tuthill PROOF OF MAILING OF NOTICE ADDRESS Albo Drive Laurel, NY 11948 1396 Harding Street North Bellemore, NY 11710 Box 72 Cold Spring Harbor, NY 11724 Attention: Mr. Charles Bassett PLEASE FURNISH SERVICE(S) INDICATED BY CHECKED BLOCK(S). REQUIRED FEE(S) PAID. [~ Show to whom. date and address ~ Deliver ONLY where delivered [] to addressee RECEIPT Received the numbered article described below. INSURED NO. ,F ADORESS[E'S AGENT, IF A~Y ~j SHOW WHERE DELIVERED (only if reg#~'$ted) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: CYNTHIA GANNON , residing at Palm Road, Rocky Point, New York 11778 , being duly sworn, deposes and says that on the 28th day of Apr il ,19 7 6 ., 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) (regi~refl) mail. Sworn to before me this 28th day of April ,19 76 Notary Public Z FOr PARCEL NO. SEE SEC. NO 122- 0-008 t5 19.6 A(c] NATURE CONSERVATORy 4.8A(c ) ~ MATTJTUCK PARK DIST. ~ II.SA(c) , CATHOLIC DAUGH~]:RS OF AMERICA Legend .... parl~ Drslrict Line --.p J Pmcel No. 23 De~d Ares LINE 445' (~) ~ Il. SA(c) Revisions SEE SEC NO 134 KEY/~AP SCALE IN FEET COUNTY OF SUFFOLK Property Tax Service Agency H Russet[ Haase, Director RIverhead, L. I. New York TOWN OF SOUTHOLD VILLAGE OF DISTRICT N0. I000 SECTION NO 126 PROPERTY MAP