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1955
TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS AppealNo. 1955 Dat~ September 5, 1974 ACTION OF TKEZONING BOARD OF APPEALS OF THE TOWN OFSOUTHOLD To Antonio De Souza 5 Viking Road Glenwood Landing, New York DATE .~.~.L.....a,.t 1974 Appellant at a meeting o! the Zoning Board of Appeals on October 3, 1974 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request /or a special exception under the Zoning Ordinance (X) Request for a varianca to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed beeanse 8:25 P.M. (E.D.S.T.) upon application of Antonio De Souza, 5 Viking Road, Glenwood Landing, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-34 and Bulk Schedule for permission to construct dwelling with insufficient setback. Location of property: Bay Shore Road and Island View Lane, Greenport, New York, Peconic Bay Estates, Lot 152 and 1/2 of 151. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed, ~ G BOARD OF AP~ALS/'-~ ~a~ arjor/le McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to construct dwelling with insufficient setback on Bay Shore Road and Island View Lane, Greenport, New York. The findings of the Board are that applicant is the owner of a lot which is irregular in shape. There is no way to enlarge the lot and it is impossible to achieve the 50 foot setback which is required under the present Ordinance. The Board agrees th-at this is the only feasible location for applicant's dwelling. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Antonio De Souza, 5 Viking Road, Glenwood Landing, New York be GRANTED permission to construct dwelling with insufficient setback on Bay Shore Road and Island View Lane, Greenport, New York, as applied for, subject to the following condition: That the corner of the property be cleared to a height of 30 inches on a 30 foot radius from the intersection~ to provide visibility. Vote of the Board: Ayes:- Messrs: Gillispie, Grigonis, Hulse. LEGAL NOTICE Notice oi Hearings Pursuan5 ~o Section 267 of the Town Law and the provision_ of the Amended Building Zone Ordinance of Lhe Town of South©id, Suffolk County, New York, public kearings will be held by the Zoning Board of Appeals of the Town of Southold, a% the Town Office, Main Road, Southold, New York, on October 3, 1974, on the following appeals: 8:10 P.M. (E.D.S.T.) upon application cf Reginald Hudson Brody & Others, 136 Front Streen, Greenport, N. Y. for a spec±a exception zn accordance with the Zoning Ordinance, Article III, Section 100-30 B.9 for permisszon ~o construcn docks an~ s=orage buildings on premises with insufficient width and area. Location of property: E/S Gull Pond Lane, Greenporm, New York, bounded on the north by Scott McBurney Lot 11; on the eas~ by canal (branch of Gull Pond); on the south by G. Lubricn Lot 12; on the west by Gull Pond Lane. 8:25 P.M. (E.D.S.T.) upon application of Antonio De Souza, 5 Viking Road, Glenwood Landing, New York for a variance in accordance with the Zoning Ordinance, .Article III, Section and Bulk Schedule for permission no construct dwelling with in- sufficient setback. Location of proper~y: Bay Shore Road .iIsland View Lane, Greenport, New York, Peconic Bay Esta%es. Lot No. 152 and 1/2 of 151. 8:35 P.M. (E.D.S.T.) upon application of Leffe~ts P. Edson, Main Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C.1 for permission to use existing barn for an art studio. LOcation of property: N/S Main Road irt. 2~), Cutchogue~ New York, bounded on the north hy Other lands of applicant; on the east by R. Asselta; on the south by Main Road; on the west by Estelle McCallum. LEGAL NOTICE · Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or~linance of the Town of So~thold, Suffolk County, New Yo~k, public hearings will be held by the Zonin~ Board of Appeals of the Town of Southold, at the Town Office, Main Road, Seuthold, New York, on October 3, 1974, on the following appeals: 8:10 P.M. (E.D.S.T.) upon application of Rnginald Hudson a-c Brody & Others, 136 Front Street, Groenport, N.Y. for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B.9 for permission to construct docks and storage buildings on premises with insufficient width and area. Location of property: E-S Gull Pond Lane, Grennpert, New York, bounded on the north by Scott McBm'ney - Lot 11; on the cast by canal (brunch of Gull Pond); on the south by G. Lubrich - Lot 12; on the west by Gull Pond Lane. 0:25 P.M. (E.D.S.T.) application of Antonio De Souza, 5 Viking Road, Glenwced Lan- ding, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-~4 and Bulk Schedule for permission to construct dwelling with insufficient setback· Location of property: Bay Shore Road and Island View Lane, Grcenport, New York, Peconic Bay Estates, Lot No. 152 and ~ of 181. __ 8:35 P.M. ("~.D.S.T.) upon application of Lefferts P. Edson, Main Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C.1 for permission in use existing barn for un art studio. Location of property: N-S Main Road (Rt. 25), Cutchogue, New York, bounded on the north by other lands of applicant; on the east by R. Assolta; on the south by Main Road; on the west by Estelle McCallum. 8:45 P.M. (E.D.S.T.) upon ap- pllcation of Mr. and Mrs. Robert Goldenso, 5330 New Suffolk Road, New Suffolk, New York for a variance in accordance with the Zoning Ordinance, Article HI, Section 100-30 and Bulk Schedule for permission to construct ad- dition on dweifing which will reduce existing setback line average. Location of property: W-S New Suffolk Road, New Suffolk, New York, bounded on the north by M. Cooper; on the east by New Suffolk Road; on the south by E. Raynor, Jr.; on the west by A. Rysko. 9:00 P.M. (E.D.$.T.) upon application of Thomas A. Duffey, President, T. A. D. Auto Sales, Inc., Main Road, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance~ Article VII, Section 100-70 B.4 for permission A. in conduct a used car sales business, B. to erect a second sign. Location of property: S-S Main Road, Mattituck, New York, bounded on the north by Main Road; on the east by Maralooka Lane; on the south by J. Brooks & R. Po]hemes; west by Sunset Avenue. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: September 19, 1974 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK, STATE OF NEW YORK, } ss: Stuart C. Dorman .......... h'~ ......................... being duly S says that ........ is Printer and Publisher of the SUFi V~EEKLY TIMES, a newspaper published at Greenport, county: and that the notice, of which the annexed is ~ p~ copy, has been published in the suid Suffolk Wcekl~/ - once in euch week, for one (1) successively commencing on the .t;.~.e..ll?.y..-?.i..x.~.h...(.2.4 Septemb~_~ 197~. ........... Sworn to before.me this . ~f-. ........ day of '.~..~ .~.-.~. ..... "/ ~ No. ~2-9366339 '/ / Commission Expires March 30, :ss { N~/OA /¢~N JO ::LLV±S >IgOd4NS 40 A.I_NNOD Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Or- dinance of the Town of Southold, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on October 3, 197'I, on the following appeals: 8:10 P.M. (E.D.S.T.) upon ap- plication of Reginald Hudson a/c Brody & Others, 136 Front Street, Greenport, N.Y. for a special exception in accordance with the Zoning Ordinance, Article 111, Section 100-30 B.9 for permission to construct docks and storage buildings on premises with insuf- ficient width and area. Location of properly: E/S Gull Pond Lane, Greenport, New York, bounded on the north by Scott McBurney - Lot Il; on the east by canal (branch of Ggll Pond); on the south by G. Lubrich - Lot 12; on the west by Gull Pond Land. ~ 8:25 P.M. (E.D.S.T.) upon ap- plication of Antonio De Souza, 5 Viking Road, Glenwood Landing, New York for a variance in accor- dance with the Zoning Ordinance~ Article 111, Section 100-34 and Bulk Schedule for permi§sion to construct dwelling with insuffi- cient setback. Location of proper- ty: Bay Shores Road and Island View Lane, Greenport, New York, Peconic Bay Estates, Lot No. 1S2 and ½ of 151. ~ 8:3S P.M. tE.D.S.T.) upon ap- plication of Lefferts P. Edson, ~Main Road, Southold, New York tbr a variance in accordance with the Zoning Ordinance, Article IlL Section 100-30 C.I for permission to usc existing barn for an art studio. Location of property: N/S Main Road (Rt. 25), Cutchogue, New York, bounded on the north by other lands of applicant; on the cast by R. Asselta; on the south by Main Road; on the west by Estelle McCallum. 8:45 P.M. (E.D.S.T.) upon ap- plication of Mr. and Mrs. Robert Goldense, 5330 New Suffolk Road, New Suffolk, New York for a variance in accordance with thc Zoning Ordinance, Article 111, Section 100-30 and Bulk Schedule for permission to construct addi- tion on dwelling which will reduce existing setback line average. Lo- cation of property: W/S New Suffolk Road, New Suffolk, New York, bounded on the north by M. Cooper; on the east by New Suffolk Road: on the south by E. Raynor, ,Ir.; on the west by A. Rysko. 9:00 P.M. (E.D.S.T.) upon ap- plication of Thomas A. Duffey, President, T.A.D. Auto Sales, Inc., Main Road, Mattituck, New York, for a special exception in accordance with the Zoning Or- cinance, Article VII, Section 100- 70 B.4 for permission A. to conduct a used car sales business, B. to erect a second sign. Loca- tion of property: S/S Main Road, Mattituck, New York, bounded on the north by Main Road; on the east by Maratooka Lane; on the south by J. Brooks & R. Polhem- us; west by Sunset Avenue. Any person desiring to be on the above appeals should appear at the time and place above specified. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILD NG INSP_CTOR APPEAL NO. ~ ? ~ DATE ~.~./.~..k..7.~.. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Nome of Appellant Street and Number .... ..~....~...~.{..~.,.Z~../...~,,,~..~,......~,,,~,,,./~.?,./.,.~.~. .................................... ..~..'..~ ............. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUlL G PEGTOR ON APPLICATION FOR PERMIT NO ..................................... D D ........................... WHEREBY THF BUILDING INSPECTOR DENIED TO XJame of Applicant for permit of ~..~....., ,~?, .(~ ./.~../.R.....~...G..~'...~.., ......... .~. · .~..N.././'../..~..~, ?..~.......Z.~...'~.G., ./.~.ff. ....... ..~.'.fd ............ / Street and Number Municipality State ( ~J PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( ) LOCATION OF THE PROPERTY ~?..~.~...Q.H.~-~....~.?..z~.~...~/.~...z~....~...~.'`.~....`.~..~./~...`gK~.~.~ Street Use District on Zoning Map lv~ap No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and P~ragraph~,_~of the Zoning Ordinance by number. Do~ not quote the Ordi,nance.) 3. TYPE OF APPEAL Appeal is made herewith for (~ A VARIANCE to the Zoning Ordina.nce or Zoning Map ( ) A VARIANCE due to lack of access (St<~te of New York Town Low Chap. 62 Cons. Laws Art. ~ 6 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 appeal was ( ) request for a special permit ~ ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOP, APPEAL ( ) A Variance to Section 280A Subsection 3 (~ A Variance to the Zoning Ordinance ( ) is requested for the reason that Fora ZB1 (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARbSHJP because I purchased this land on August t9~ 1965 from Arth~ B~ Chrisfield~ ~-ho was the o~er of the property ~ ~ ~o~ thirteen years~ 2. The hardship created is UNIQUE and is not shared by ali properties o~ike in the immediate vicinity of this property and in this use district because This land ispart of the very old map and is not on the c~rent one. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because I am building a one £a~ily home with t~hree ~edrooms, whioh is in keeping ~ith tha mode of the homes in this vicinity~ STATE OF NEW YORK ) ) ss COUNTY OF ) Sworn to this -'ii ~ ..................... day of,.~ . .......... i" ? i .............. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. No'rICE OF DISAPPROVAL File No ................................................................... Date ............ i ..................................... ..~ ...... ~.~......~~ ............ .... ~.~~.~ ......... .~r~ ~ ? PLEASE TAKE NOTICE that your application dated .............. ~ .............. ~. ....... , 19......~ for ~oecmit to construct .~.~.....at the premises located a ~..~..~....~...~~e~ ~~ Map ~.~.~.,.~..~... B,oek ............................................ Lot ~..r..C..C.~Z~ .......... rc .................... d~sopproved on the following grounds ...... ~ ................................ ~'0~/~ NO. ! TOWN OF SOUTNOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. E, omined ..................... , prov ..... ..tT...4.....J..?.. .................. I9.7...s... ............. .... Disapproved a/c ....~u~...~..,~...~.....~.?. ............................................. ................... ~g ...... -...[ ........ ~ ................................................................... ......................... i'i~ ";i~'-;;Ti~ ........................ APPLICATION FOR BUILDING PERMIT Application No. ~..?..../.~...~... ................ Date ................................................. 19 ............ INSTRUCTIONS c This application must be completely filled in by typewriter or in ink and submitted in triplicate tO the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval af this application, the Building Inspector will issue a Building Permit ta the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY IMADE to the Building Department for the issuance of o Building Permit pursuant to the Building Zone Ordinance of tee Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or RegulationS, for the construc~ibn of buildings, additions or aJterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regu at ohs, and to admit authorized inspectors on premises and in buildings for necessary inspections. (Address of applicant) State whether applicant is ow..~ner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ..................................................... ~.~. ~./~= ......................................................................................................................... Nome of owner of premises ...... /..(/..~.~.~...~../.~ ..... .~.~.....~).~...~.,~..~ ........................................................................... j~ ............. If applicant is a corporate, signature of duly authorized officer. ](Name and title of corporate officer) Builder's License No...~..~"~-t..~.../.'~..?.:~,~.,~..~. P~.m~'~ Uce.~ No. Z ~-/ Electrician's License No ............................................. Other~Trade s L~cens~ No ....... : ....................................... · ' ' Mo No' Locaban of land on wh.ch proposed work wdl be done. p ....... ~.~...~%,~....~..~.~. .....o No .......~ ............... Street and Number ...~J..~.~..~.~....~.~N...~Z(.q~..~.~9~.~~..~ .......... MunicipaliW Stat~ existing use and occupancy of premises and intended use and occupancy of proposed Construction: ~4~z.vx Z~ ~ ......................................................... a. ~isiting use and occupancy ...................................................................... b. n~ended use and ~cupancy ...................... x-~ .......................... ~- ...................................... ~..-~. .............. .............. 3. Nature of work (check which applicabllv.ew Building.. ....... A~dition ......... Alteration ................. Repair .................. Removal .................. Demolition .................... Other Work ..................................................... (Description) 4. Estimated Cost ..........~...9~..~..~..~..: .......................... Fee (to be paid on filing this application) 5. If dwelling, number of dwelling units .......... ................ NUmber of dwetling units on each flor ..~.../. ................... If garage, number of ~m ................................... : ......................................................................................................... 6. If busine~, commercial or mixed ~cupancy, speci~ nature and extent of ~ch ~pe of use .:....~ .................... 7. Dimensions of existing structures, if any: Front ............................ Rear ................................ ~pth .................... Height ........................ Nu~er of Stori~ ..... ~ ............................................................................. ~ ......................... Dimensions of same structure with alterations or additions: Fret .~......~ .......................... R~r ............................ Depth ................................ Height ............................ Number bf Stbries ................................ 8. Dimensions of entire new construction: Front .; ........... ~.~ ................ Rear ..~.~ ................. Depth ~ ~TJ~ Height ....~ ......... Number of Stories ..~ ................................................................................................................. 9. Size of lot: Fret ..................~;.~.~.~. ........................ R~r ....~.~..~ .......................... Depth ..Z.~.~.~ .................. 10. Date of Purchase ........................................................ Name of Former ~ner ~...~....~.~.~.~ .............. 11. Zone or use district in which premises are situated ...~.......~.~..~..~' ~--'~ ............. J ........................................................... 12. Does proposed construction violate any ~oninq I9w, ordinance or regulation:~..~ ............................................... 13. Will lot be r~raded ......... ~ ........... Will excess fill ~ rem~ fr~pmmis~s:--.( ) Y~ (~No 14. Name of ~n~r o~ prem,ses ..~ ...................... .~ ....... , ........ A~m~. ~.~ ...... , ............... ' ' ~ ~ ~Z~/ . A r .... ~.~..~Y~.~.. ~.~.~-/~o Name of ArcH,~ct .~ ..................................................... ~ ~ ~ ~ ~ ............ Name of Contractor ............................................................ A~re~ ................................ ~ N~ ...................... PLOT DIAG~M -;" ~ate clearly and distinctly all buildings, whether existing or ~ and indicate all mt~k dim~i~ from prope~ lines. Give ~re~ and bilk number or description according to d~, and show ~r~ ~mes and ~icate whether interior or corner lot. bh' ~ /5'/ J STATE OF NEW YORK, COUNTY OF ................................ f '""~ ........................ ...~...4~...'~..~...'f./.?.....~....~....~.~..~....~.. .......... being duly sworn, deposes and says that he is the applicanl (Name of individual signing contracf) above named. He is the ................................................................................................................................................................................. (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application ore true to the best of his knowledge and belief; and thor the work will be performed in the manner set forth in the~pplication filed therewith. Swam to before me this /~ , ..... ....... ............. .,, ........ ...................... ..-. .......... Notary' Public~ ....... County THOMAS P~MCiEWlCZ HOTARY PUll ~I~.z .S_t_l~___e~- NeW Yeflt No. 41.4512950 FO~M NO. 3 O TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL Buddmg Inspector Mr. Robert Villa P.E. Suffolk County Dept. Nealth County Center Riverhea~, N.Y. Dear Sir; Enclosed are applications for cesspool permits on lot~ ~-I~1 & 152, Peeonie Bay Estates, Bayshore Road & Island View Lan% i~shamom~que~ Greenport. The applications were enclosed with an application to Board of Appoals VDt setback variances on this parcel. Mr Antonio DeSouza lives at ~ Viking Road, Glenwooo, Landing 1 Yours truly Building Inspector September 5, 1974 Mr. Antonio DeSousa 5 Viking Road Glenwood Landing, New York 11547 Dear Sir: Reoeived your application to build on lots 11/2 151 & 152, Peoonio Bay Estates, Bay Shore Road & Island View Lane, Arshamomaqu&, Greenport, New York. X am returning your applioation to the Board of Appeals as the reverse side (3 Sections) are not filled in. Please complete and return to me. X have forwarded your applications for cesspool permits to the County Health Department, County Center, Riverheed. You should be hearing directly from them in a few days. X have made a folder for your hearing which will be held on Ootohar 3rd., in the Town Office, Main Road, Southold, and am holding all papers pending return of oompleted application form. Your building pXans are O.K. with the exoeption -Bedroom needs a larger window. X estimate the permit fee at $46.05 for the house when it it approved. Yours truly, aTtJk Eno. Howard Terry Building Inspector .A., D~ SOUZA. ~ VIKING ROAD GLENWOOD LANDING NEW YORK 11547 U.S.A. ~r. Howard Terry Building Inspector Town of Southold Town Clerkts Office Southold, New York 11971 September 9, 1974 Dear Nr. Terry, Enclosed please find three (~) copies of the completed application. I have ~lso enclosed photocopies of the letter written to ~e by Mr~ Crisfield together with copies of my checks used to purchase the land. These items will substantiate my statement in Section One. In reference to the window of bedroom # I, ~t will be increased in size and I will mail you the new plans showing the change within a few days. Thank you for your cooperation. Sincerely Antonio De'~uza// A. DE SOUZA § VIKING ROAD GLENWOOD LANDING NEW YORK Mr. Howard M. Terry Building Inspector Town Clerkts Office Southold, New York September Dear Mr. Terry I respectfully enclose the documents listed below in order that I may get from you and the Zoning Board of Appeals a permit to build a small house on n~y property in Greenport. 3. 5. ?. A check for fees in the amount of $15.00 Three copies Three copies Three copies Three copies Three copies Three copies of Appeal from decision of Building Inspector of Application for Building Permit of Application to Department of Health of Land Survey of house plans prepared by the Architect of Contract of Sale of my land back to me. I trust all documents are in proper order and I thank you and all members of the Board of Appeals for a favorable decision in this matter. Sincerely Standard N. Y. B.T.U. Form 8041 · 7-71- --Contract of Sale. CONSULT YOUR LAW~R BEFORE SIGNING THiS INSTRUMINT--THIS~rRUMENT SHOULD BE USED BY LAWYERS ONLY. NOTE: IqRF.. LO~.~F~. This form of contract contains no express provision as to risk of loss by fire or other casualty before delivery of the deed. Unless express provision is made, the provisions of Section 5-131 I of the General Obligations Law will apply. This section also places risk of loss upon purchaser if title or possession is transferred prior to closing. BETWEEN 1 TODD JEFFREY WATROUS, residing at 41 Marden Avenue, Sea Cliff, New York , nineteen hundred and seventy-four hereinafter described as the seller, and ANTONIO DeSOUZA, residing at 5 Viking Road, Glenwood Landing, New York hereinafter described as the purchaser, wrrN~F.,TH, that the seller agrees to sell and convey, and the purchaser agrees to purchase, all that certain plot, piece or parcel of land, ..:ti_ ti__ [_;Iii ~ ] 2 ~ _. I tl .......... I I. situate, lying and being ~ at Arshamc~ogue, in the Town of Southold, County of Suffolk, State of New York, known and designated as Lot No. 152 and the southerly one-half of Lot No. 151 as showr on a certain map entitled "Revised l~ap of Peconic Bay Estates situate at Arshamomogue Town of Southold, New York, made from actual surveys completed June 6, 1928, by Otto YV. Van Tuyl, Greenport, New York," and filed in the office of the Clerk of the County of Suffolk on July 30, 1928 as Map Number 658, said lots beingn similarly designated and located on a certain other map entitled "Amended Map "A", Peconic Bay estates situate at Arshamomogue, Town of 8outhold, New York, made from actual surveys completed l%4ay 12, 1933 by Otto %fi;. Van Tuyl, Greenport, New York," and filed in said Clerk's Office on May 19, 1933 as Map No. 1124. 1. This sale includes all right, title and interest, if any, of the seller in and to any land lying in the bed of'any street, road or avenue opened or proposed, in front of or adjoining said premises, to the center line thereof, and all right, title and interest of the seller in and to any award made or to be made in lieu thereof and in and to any unpaid award for damage to said premises by reason of change of grade'of any street; and the seller will execute and deliver to the purchaser, on closing of title, or thereafter, on demand, all proper instruments for the conveyance of such title and the assignment and collection of any such award. 2. The price is EIGHTEEN HUNDRED ($1,800,00) ............. Dollars, payable as follows: FIVE HUNDRED ($500,00) ......................... Dollars, on the signing of this contract, by check subject to collection, the receipt of which is hereby acknowledged; THTRm-_Ei~N HUNDRP..D ($.!., $00 · 00) ..................... Dollars, in cash or good certified check to the order of the seller on the delivery of the deed as hereinafter provided; Dollars, by taking title subject to a mortgage now a lien on said premises in that amount, bearing interest at the rate of per cent per annum, the principal being due and payable Dollars, by the purchaser or assigns executing, acknowledging and delivering to the seller a bond or, at the option of the seller, a note secured by a purchase money mortgage on the above premises, in that amount, payable per annum payable togetberwith interest at the rate of per cent 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 be drawn by the attorney for the seller at the expense of the purchaser, who shall also pay the mortgage recording tax and recording fees. 4. 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 placing such new mortgage or consolidated mortgage, the excess be paid to the holder of such purchase money mortgage in reduction of the principal thereof. Such purchase money mortgage shall also provide that such payment to the holder thereof shall not alter or affect the regular installments, if any, of principal payable thereunder and shall further provide that the holder thereof will, on demand and without charge therefor, execute, acknowledge and deliver, any agre~a., ment Or agreements further to effectuate ~uch subordination. ' 5. If there be a mortgage on the premises the seller agrees~ to deliver to the purchaser It the time of deliYery of the deed a proper certificate executed and acknowledged by the holder of such mortgage and in form for recording, certifying as ¢o the amount of the unpaid principal and interest thereon,~date of maturity thereof and rate of iqterest thereon, and the seller shall pay the fees for recording such certificate. Should the mortgagee be a bank or other institution as defined in Section 274-a, Real Property Law, the mortgagee may, in lieu of the said certifidate, furnish a letter signed by a duly authorized officer, or em- ployee, or agent, containing the information, required to be set forth in said certificate. Seller represents that such mortgage will not be in default at or as a result of the delivery of the deed hereunder and that neither said mortgage, nor any modification thereof contains any provision to accelerate payment, or to change any of the other terms or provisions thereof by reason of the delivery of the deed hereunder. 6. 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. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street 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, or other State or Municipal Department having jurisdiction, against or affecting the premises at the date hereof, shkll 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. 8. All obligations affecting the premises incurred under the Emergency Repairs provisions of the Administrative Code of the City of New York (Sections 564-18.0, etc.) prior to the delivery of the deed shall be paid and discharged by the seller upon the delivery of the deed. This provision shall survive the delivery of the deed. 9. If, at the time of the delivery of the deed, the premises or any part thereof shall be or shall have been affected by an assess- 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 to be due and payable and to be liens upon the premises affected thereby and shall be paid and discharged by the seller, upon the delivery of the deed. 10. The following are to be apportioned: (a) Rents as and whgl~collected. (b) Interest on mortgages. (c) l~niums on existing transferable insurance policies or renewals of those t~ing prior' to the closing. (d) Taxes and sew~mts, if any, on the basis of the fiscal year for which assessed. (e) ~ag'tes charges on the basis of the calendar year.'~) Fuel, if any. Omit Clause 15 if the property the City of 1 I. If the closing of]~ tith shall occur before the tax rate is fixed, the apportionment of taxes shall be upon the basis of the tax rate for the next i~ding year applied to the latest assessed valu~t'~ 12. If there be a water meter on the premises, the seller shall furnish a r~l~ling to a 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. 13. The deed shall be the usual Bargain and Sale with covenants deed in proper statutory short form for record and shall be duly executed and acknowledged so as to convey to the purchaser the fee simple of the said premises, free of all encumbrances, except as herein stated, and shall contain the covenant required by subdivision 5 of Section 13 of the Lien Law. If the seller is a corporation, it will deliver to the purchaser at the time of the 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 Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the conveyance is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with said section, 14. At the closing of the title the seller shall deliver to the purchaser a certified check to the order of the recording officer of the county in which the deed is to be recorded for the amount of the documentary stamps to be affixed thereto in accordance with Article 31 of the Tax Law, and a certified check to the order of the appropriate county officer 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 cause the check and the return to be delivered to the appro- priate county officer promptly after the closing of title. 15. In addition, the seller shall at the same time deliver to the purchaser a certified check to the order of the Finance Admin- istrator for the amount of the Real Property Transfer Tax imposed by Title II of Chapter 46 of the Administrative Code of the City of New York and will also deliver to the purchaser the return required by the said statute and the regulations issued pursuant to the authority thereof, duly signed and sworn to by the seller; the purchaser agrees to sign and swear to the return and to cause the check and the return to be delivered to the City Register promptly after the closing of the title. 16. The seller shall give and the purchaser shall accept a title such as , a Member of the New York Board of Title Underwriters, will approve and insure. 17. 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 on said premises, but such liens shall not continue after default by the purchaser under this contract. 18. All fixtures and articles 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. 19. The 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 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. 20. If at the date of closing 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 purchase price to satisfy the same, provided the seller shall simultaneously 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 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. 21. If a search of tbe title discloses judgments, bankruptcies or other returns against other persons having names tbe 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 or other returns are not against the seller. 22. 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 Underwa'iters, 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. 23. The deed shall be delivered upon the receipt of said payments at the office of EDWARD KAPLAN, Esq. 1022 Old Country Road, P O Box 693, We stbury ,at N.Y. o'I1590c~cE un 516~/~1;333 1133 19'~._ 24. The parties agree that no broker is the broker who brought about this sale and the seller agrees to pay any commission earned thereby. 25. 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 investi- gation, neither party relying upon any statement or representation, not embodied in this contract, made by the other. The purchaser,,has n,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 stipulations 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 construed as if it read "sellers" or "purchasers" whenever the sense of this agreement so requires. IN WITNF.~S WHERE, OF, this agreement has been duly executed by the In presence of: STATE OF NEW YORK, ¢OU~~/' ~ ss: On the ~ ~,:t~ day of~ 19 -)~, before me personally came to me known .to be the individual des~.~j~ in and~ _w_h.o~ ~ecuted the foregoing instrument, and ackno~.l~&~i~g~-~*{trha~ //x/, """"I7- Cezt. filed in New Yo~k Countv Commission Expires Me. ch 30, STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by llke order. STATE OF NEW YORK, COUNTY OF On the day of personally 'came 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK. COUNTY OF On the day of 19 personally came to me known and known to me to be a partner in , before me a partnership, and known to me to be the person described in and who executed the foregoing instrument in the partnership name, and said duly acknowledged that he executed the foregoing instrument for and on behalf of said partnership. Closing of title under the within contract is hereby adjourned to 19 , at o'clock, at title to be closed and all adjustments to be made as of 19 Dated, 1 9 For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 1 9 Purchaser Assignee ot Purchaser TITLE No. (gantrart nf ,ale TO PREMISES Section Block Lot County or Town Street Numbered Address Dist~'buted by al rs 'lille Insurance ( rporatlon Home Office ~ Rlchraond .h~sglnla 90 PAR~ AVi~NUe, Naw YORK, N. Y. 10016 Recorded At Request of RETURN BY MAIL TO: Zip No. THE OBSERVANCE OF THE FOLLOWING SUGC, F_~TIONS WILL SAVE TIME AND TROUBLE AT THE CLOSING OF TH~ T[I-LE The SELLER should bring with him all insurance policies and duplicates, receipted bills for taxes, assessments and water rates, and any leases, deeds or agreements affectingthe property. When there is a water meter on the premises, he should order it read, and bring bills therefor to the dosing. If there are mortgages on the property, he should promptly arrange to obtain the evidence required under Paragraph 5 Of this contract. He should furnish to the purchaser a full list of tenants, giving the names, rent paid by each, and date to which the rent has been paid. The PURC~SER should be prepared with cash or certifie~eck drawn to the order of the seller. The check may be certified for an~l~'roximate amount and cash may be provided f31~l~e balance of the settlement. .,,, ~,' ...z.- 7'~',~ /.~.,/`r~ 196 ~ ANTONIO) DE SOUZA BANK Ol I 2J, h,,, I, I1" 0 1.,,, Ill I ! ANTO,N [ ' ~ D~.SOUZA TO~'N OK 50UTMO~.O.M.~ mop numt,¢~s ~ ,3