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HomeMy WebLinkAbout1847 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 1847 Dated September 26, ACTION OF THE ZONING BOARD OF APPEALS Of THE TOWN OF SOUTHOLD To John Dinizio 624 Main Street Greenport, New York DATE D~..._.ll, 1973 1973 Appellant at a meeting of the Zoning Board of Appeals on October 11, was considered and th~ action indicated below was taken on your ( ) Request for variance due to tack of access to property ( ) Request for a special exception under the Zoning Ordinance ( 30 Request for a variance to the Zoning Ordinance ( ) 1973 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be ~ranted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zonin~ Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:40 P.M. (E.S.T.), upon application of John Dinizio, 624 Main Street, Greenport, New York for a variance in accordance with the Zoning Ordinance, Article III, SectiOn 301 and Bulk Schedule for permission to set off lot with less than required area. Location of property: ~outh side of Brown Street, Greenport, bounded north by Brown Street; east by A. Dinizio; south by Tully and Braun; west by Pipes Cove Corporation. 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 hardship because di/ficulties or unnecessary 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 vari~e ( ) be granted ( ) be denied and that the previous decisions of the Buildin4~ Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ~ R{J'~,L O/ C~r~0~'~f Appe~ / Marjo~e McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to set off lot with less than required area on the south side of Brown Street, Greenport. The findings of the Board are that premises would be larger than the majority of lots in the immediate vicinity. The Board agrees with the reasoning of the applicant. Tl~e 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. TH~REFORE IT WAS RESOLVED, Joh~ bi~izi6,~624 Main Street, Greenport, New York, be GRANTED permission to set off lot with less than required area on'the south side of Brown Street, Greenport, New York, as applied for. ~ot~ of the Board:' Ayes:- Messrs: Gillispie, Grigonis, Doyen. Bergen, Hulse, LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the To~ Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, Suffolk County, New York, public hearings will be held bythe Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on October ll, 1973, on the following appeals: 8:00 P.M. (E.D.S.T.), upon application of Lucile Mosback, Rose Hill, North Carolina, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to divide and set off lots with existing buildings with less than required width and area. Location of property: south side Main Road, East Marion, bounded north by Main Road, Humes & others; east by William Park & others$ South by Gardiners Bayl west by Parker. 8:1~ P.M. ( E.D.S.T.): upon application of Eugene Mazzaferro: 21~ Oak Street, Greenport: New York for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and Bulk Schedule for permission to build new one family dwellings with insufficient setbacks. Location of property: Lot ~ 2, Greenport Drivein Park, Brown and Ninth Streets, Greenport, New York. 8:2g P.M. (E.D.S.T.), upon application of Clarice Blackburn: New Suffolk Avenue: Cutchogue, New York for a variance in accord- ance with the Town Law~ Section 280 A for approval of access. Location of property: private right of way off south side of New Suffolk Avenue, Cutch0gue bounded north by New Suffolk Avenue~ east by Case; south by Peconic Bays west by Lockwood. Legal notice Page 2 8:~0 P.M. (E.D.S.T.) ~ upon application of Kenneth Ketcham~ Main Road~ East Marion~ New York for a variance in accordance with the Zoning 0rdinance~ Article III~ Section 300C-4a for permission to store and work on private boat over 30' in length in an District. Location of property~ north side Main Road~ East Marion bounded north by Schrader & Wallace; east by Preston; south by Main RoadS west by S. Boken & right of way. 8:~0 P.M. ( E.D.S.T.)~ upon application of Robert Kolyer~ 208 Christian Avenue~ Stony Brook~ New York for a variance in accordance with the Zoning 0rdinance~ Article III~ Section 301 and Bulk Schedule for permission to divide property into two lots with less than required width. Location of property: south side Bayview Road~ Southold bounded north by Bayview Road; east by La Rocca~ Marini~ Blakeman & others$ south by Corey Creek~ Gozzola: west by Schroeder~ Darnell. 9:00 P.M. ( E.D.S.T.)~ upon application of Armond Bartos~Jr.~ Private Road~ East Marion~ New York for a variance in accordance with the Town Law~ Section 280 A for approval of access. Location of property: north side Main Road~ East Marion on right of way bounded east by F. Cowan and other~ west by R. Long; bounded north by De Nicola; east by right of way; south by I.C. Latham; west by George Cook and others. 9:10 P.M. ( E.D.S.T.)~ upon application of Donald A. Steph- enson~ Main Road~ Orient~ New York for a special exception in accordance with the Zoning Ordinance~ Article IiI~ Section 30OB-1 for permission to alter existing building to a 2 (two) family occupancy. Location of property: off north side Main Road~ Orient on right of way bounded east by Scolielo~ west by Burnhami bounded north by Long Island Sound; east by Terry and Lomas$ south by right of way; west by Stephenson Beach Inc. and old Main Road. Legal not'zce Page 3 9:20 P,M. (E.D.S.T.): upon application of Freddi~ Lawson: Sound Avenue~ Mattituck: New York for a variance in accordance with 'the Zoning Ordinance: Article III~ Section 301 and Bulk Schedule for permission to set off lot with less than required area. Location of property: Oak Place and Walnut Avenue~ Mattituck: bounded north by Ruthinowski~ south by the Long Island RailroadS west by Oak Place. 9:30 P.M. ( E.D.S.T.): upon application of William Serrell: Dogwood Lane: Gardiner's Bay Estates: East Marion~ New York for a variance in accordance with the Zoning Ordinance: Article III~ Section 301 and Bulk Schedule for permission to build an addition with reduced side yard. Location of property: Lots ~ 9~ and 96: Gardiner's Bay Estates: Dogwood Lane: East Marion:~New York. 9:~0 P.M. ( E.D.S.T.): upon application of John Dinizio~ 62~ Main Street: Greenport: New York for a variance in accord- ance with the Zoning Ordinance: Article III: Section 301 and Bulk Schedule for permission to ~set off lot with less than re- quired area. Location of property: south side of Brown Street~ Greenport: bounded north by Bro%~ Streets east by A. DinizioS south 'by Tully and Braun$ west by Pipes Cove Corporation. Any person desiring to be heard on the above applications should appear at the time and place above specified. Dated: September 28:1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisionz of the Amended Building Zone Or- dinance of the Town of Southold, Suffolk County, New York, pub- lic hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, M~in Road, Southold, New York, on October 11, 1973, on the following appeals: 8:00 P. M. (EDST). upon aP- plication of Luclle Mosback, Rose Rill, North Carolina. for ,~ var- iance in accordance with the Zoning Ordinance. Article III. Section 301 and Bulk Schedule for permission to divide and set off tots with existing buildings with less than required width and area. Location of property: south side Main Road. East Marion, bounded north by Main Road. Humes & others; east by William Park & others; south by Gardiners Bay: west by Parker. 8:15 P. M. (EDST), upon ap- plication of Eugene Mazzaferro, 215 Oak Street, Greenport, New York for a variance In accord- anco with the Zoning Ordinance. Article III, Section 301 and Bulk Schedule for permission to build new one family dwellings with insufficient setbacks. Location of property: Lot No. 2, Oreenport Drive-in Park, Brown and Ninth Streets, Ore~nport, New York. 8:25 P. M. /EDST), upon ap- plication of Ciarice Blackburn, New Suffolk Avenue, Cutcho~ue, New York for a variance in ac- cordance with the Town Law. Section 280 A roi- approval of access. Location of property: private right of way off soutl~ side of New Suffolk Avenue, Cut- chogue bounded north by New Suffolk Avenue; east by Case: south by Pec0nic Bay: west by Lockwood. 8:40:P, M. (EDST~, upon ap- plication of Kenneth Ketcham, Main Road, East Marion. New York for a variance in accord- anc~with the Zoning Ordinance· .,Artwle,rIL Section 300C-4a for private boat over 30' in length in an "A' District. Locaticn of property; north side Main Road, East Marion bounded north by Preston; south by Main Road; west by S~ Boken & right of way. 8:50 P. M. (EDST), upon ap- plication ~l Robert Keiyer, 208 · Christian Avenue, Stony Brook, cordance with the Zoning Ordi- nance, Article IlL Section ~01 and Bulk Schedule for permission to divide property into two lots with less than required width. Location of property: south side Bayview Road, Southold bound- ed north by Bayview Road; east by La Rocca, Marinl, Blakeman & others; south by Corey Creek, Gozzola; west by Schr0eder, 9:00 P. M. (EDSTI, upon ap- plication of Armond Bartos, Jr., Private Road, East Marion, New York for a variance in accord- anco with the Town Law, Section 28OA for approval of access. Location of property: north side Main Road, East Marion on right of way bounded east by F. Cowan and others, west by R. Long; bounded north by De Nicoia; east by right of way; south by L C. Latham; west by George Cook and others. 9:10 P. M. (El)ST), upon ap- plication of Donald A. Stephen- son, Main Road, Orient, New York for a special exception in accordance with the Zoning Or- dl~s~ce, Article III, Section 300B-1 for permission to alter existing building to a 2 (two) family occupancy. Location of property: off north side Main Road, Orient on right of way bounded east by Seolielo, west by Burnham; bounded north by Long Island Sound; east by Terry and Lomas; south by right of way; west by Stephenson Beach, Inc. and old Main Road. 8:20 P. M. (EDST), upon ap- plication of Freddie Lawson, Sound Avenue, Mattituck, New ;UFFOLK W YORK /hitney Booth, Jr., being duly sworn, says the Editor, of THE LONG ISLAND {.~^TTITUCK WATCHMAN, a public news- ~.at Southold, in Suffolk County; and that ~ich the annexed is a printed copy, has been .flid Long Island Traveler-Mattituck Watch- ;mmencing on the ................... D~...~... .......... York for a variance in accord- anco with the Zoning Ordinance, ~ ~ c'"-,rn to before me this ......... .~.......... day of Article III, Section 301 and Bulk ' Schedule for permiseion to set off lot with less than required area· Location of property: Oak Place and Walnut Avenue, Mat- tltuck, bounded north by Ruth- inowski; south by Long Island Railroad; west by Oak Place. 9:30 P. M. (EDST), upon ap- plication of William Serrell, Dog- wood lane, Gardiner's Bay Estates, East Marion, New York ~or a variance in accordanc~ with the Zoning Ordinance, Ar- ticle III, Section 301 and Bulk Schedule for permission to build an addition with reduced side yard. Location of property: Lots No. 95 and 96, Gardiner's Bay Estates, Dogwocd Lane, East M~rion, New York. 9:40 P. M. (EDST), upon ap- plication of John Dinizio, 624 Main Street, Oreenpert, New Article III, Section 301 and Bulk Schedule for permission to set off lot with less than required area· Location of property: south side of Brown Street, Oreenpert, bounded north by Brown Street: east by A. Dinizio; south by Tully and Braun; west by Any person desiring to bo heard on the above applications should appear at the time and place above specified. Dated: September 28, 1973 BY ORDER OP THE SO U'A'~OLD TOWN BOARD OF APPEALS Dated: September 28, 19~3 ~.L NOTICE h the Zoning Or- cie HI, Section 301 ~lule for permission at with less than rea. Location of : Place and Walnut mttituck, bounded ~ddOWSki; south by Railroad; west · (E.D.S.T.), Ul~On ,f William Sen'eH, re, Gardiner's Bay Marion, New York ~ in accordance with dinance, Article IH, ~d Bulk Schedule for ) build an addition side yard. Location Lots No. 95 and 96, Bay Estates, me, East Marion, LEGAL NOTICE_ ~ 9:'40 P.M. (E.D.S.T.), upon application of John Dinizio; 624 Main Street, Greenport, New York for a variance in ac- cordance with the Zoning Or- dinance, Article HI, Section 30I and Bulk Schedule for permission to set off lot with less than required area. Location of property: south side of Brown Street, Groenport, bounded northi by Brown Street; east by A. Dinizio; south by Tully and Braun; west by Pipes Cove Corporation. ~ Any person desiring to be e~Y~-rd on the above applications should appear at the time and place. above specified. Dated: September 28, 1973 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: S~uar~ C. Dorman ...................................... being duly Sworn, says that ...h?... is Printer and Publisher of lhe SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county; and that the notice, of which the ~m-exed is u printed copy, has been published in the said Suffolk Weekly Times once in each week, f~r one (1) weeks successively commencing on the ........ .h.~.h. .............. day of .., .0.c.~.q .b~.r,...~/.. U~F:: i9. ~}. Sworn to before me this .... l~t.h. .... ~= .~ ., //.'.~,~/. ~ ..... ......................... .... ~'~'~/~ '~0~.',~¥c~ '[O~1~,~r~: ........... TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR -Z~ - 2' " ..... ~ DATE ... 9-.3. 6.- ~.3. ..... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. DINIZIO k (We) ..;[O.I-I~.DI~I~ZIO...¢n.d.P.&TI~ICIA./.o{ ............. ~.~.i.lYiain. S.%x. ee~, .............................. Name of Appellon~ Street and Number ............................. .G...r..e...e...n.p..o_.~. ........................................... i ..... .N...e...w....Y...°.?...k....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR' ON APPL,CAT,ON FOR PERM,* NO. ' DATED ..... ..................... .1 Z (X) ( ) ( Name of Applicant for permit of Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ~. LOCATION OF THE PROPERTY ..~j...W.....~..~...r~n...e~r~.°..f....S~e.y...e.~n.~.~h~2S~?...e~e~.a..n~..~.~g..~.r~.. Street Use District on Zoning Map Greenport, N.Y. "A" Dist. 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 Ordi,nonce.) Arl. III Sec. 301 3. TYPE OF APPEAL Appeal is made herewith for (ZxZ) A VARIANCE to the Zoning O~dinance or Zoning Map L ) A VARIANCE 8ue~to lacF~ of access (State of Ne~v York ~Zc~wn Law~, Chap. 62 Cons. Laws d ' Art. 16 Sec. ,280A,Subse~ctjon 3,~ z : c ~z ~ z 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 ) ~s requested for the reason that applicant has contracted to purchase premises (as shown on at~ach~d copy of contract). Premises contain 31,336 square feet instead of 40,000 square feet required by ~Tow, n Z-oning Ordinance. In divis~ori of sellers' property, the remaining p~rgel-~,will conform. Form ZB1 (Continue on other side) REASON FOR APPEAL Continu~ ]. STRICT APPLICATION OF THE ORDINANCE would produce practicaJ difficuiti~ or unneces- sary HARDSHIP because lots in vicinity are generally smaller ihan premises. 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 any other division o£ sellers~ property would require odd-shaped parcels° 3 The Variance wou~d observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because premises would be Larger than the vast majority of improved parcels in lhe immediate vicinity. Applicants' parents have home on adjoining premises and uncle and grandparents nexl to them, Applicant brought up on premises to east. STATE OF NEW YORK ) ) COAJ NTT, DF SUFFOLK ) JOHN DINIZtO and PATRICIA DINIZIO ~, - /~ Signaturelrving ~. '_Price, d r. A~:torney ~t Law :5~7orn ~to th-ig ~ .............. ~.~..~L.' ............... ~.. day of ............. .$...e.P~.e..m...b..e...~.~ ....... } ........... ~ ~- 730 Notary Public MIRLA~J- HARTLE¥ }TOTz~i%Y PUBLIC, $!~e ~f New Y0~k NO. 52-1~95800 ~o!k Co~ ~ TOWN OF SOUTHOLD OFFIOE OF BUILDING INSPECTOR TOWN OLEEK'S OF'FlOE SOUTHOLD, N, Y, 1'19'71 O O APPEAL BOARD MEMBERS Robert W. Gillispie, Jr.s Chairmsn Robert Bergen CJ~srles Grlgonis, Jr. Serge Doyen, Jr. Fred Hulse, Jr. Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 119'71 Telephone 765-2660 October 10~ 1973 Village of Greenport Third Street Greenportt New York Gentlemen: The Board of Appeals is going to hold a preliminary hearing on the application of Jo~m Dinizi% property South side Brown Street~ (formerly Greenport Drive-in Park) for a variance to use lot of less than %OsOO0 square feet an~ reduced setback~ on October 11~ 1973. This application has to be forwarded to the County Planning Commission also. Please forward your co~ents~ if any~ so we can schedule a final hearing when both reports are retl=ned to the Appeals Board. Yours truly~ Hobert ~. GillispieI Jre October 10, 1973 Village of Greenport Third Street Greenport~ Eew York llg + Gen$1emen, The Board of appeals is going to hold a preliminary hearing on the application of John Dinizio~ property South side Brown Street~ (formerly Greenport Drive-in Park) for a variance to use lot of less than ~0~000 square feet and reduced setback~ on October ll~ 1973. This application has to be forwarded to the County Planning Commission also. Please forward your comments~ if any~ so we can schedule a final hearing when both reports are returned to the Appeals Board. Yours truly~ l{obert W. ~illispie~ ~r~ Chairman RWG,jk ¥11!~e of ~een~ IRVING L. PRICE, JR. September 26, 1973. Mr. Howard M. Terry, Building Inspector, Town of Southold, Southold, New York 11971. Dear Sir: Enclosed herewith find application of John Dinizio and Patricia Dinizio for a variance for undersized lot near Old Oak Grove in Greenport. The same is in duplicate, together with two surveys in duplicate as well as copies of the contract. I also enclose my check for the $15.00 filing fee. I would appreciate this being noticed for appeal as soon as possible. ILP:SD Enclosures Very truly yours, ~MAttTIN SCHWA£tTZ Plaqe, Moun~ Vernon W~H, that the ~ller a~s to ~ll a~d convey, gre~ Or parcel of land, ~th ~e buil&ngs and ~prov~mcn~ si~t~ I~g Greenport,/tn the Tom of ~ andde~c~ed as follows: . - ": ~ -,- BEGh~'NING at a the ~uther H easterly along ~aid southe~!y ~rth Street with raid ~outher~line of Brown Street, sa~ the nol'thwesteuly coro~r of ia~d of Dinizio; l't~Om sa~d point, ~,be{~ thence along land las~ mentioned South 6 deg~ee~ 53 127: BI fdet~' tuning thence' ~Ong land '0f Tul~'~d Iand'0f~ 51 m~utes 20 second~ We~ 237,97 feet to the t:. '~va~ running ~henc~-~ong ~her lande S6 seconds East 135 fee t~ move ov less,' t~ ~unning thence along z~id southerly line cf Browil Street i 30'minutes East 240 feet, more or less, to ~he pointo{'~ BEING and intended t'o De a p0et~h of ~e premises Co~por~tion by deed dated April 25, 1971, and recorded ~ Office on Jane 3, 1971; in Liber 6941 of deeds at by pi~s Cove Covpv~ation by deed ~the Suffc~ County Cleek'~ Office; - IT 15 UNDERST~D~AND ACREED' byrd :t ~ subject to ~e Pure.sera obts~2~ a ~ri~nee the 'rows ~ South~d by ~ea~on of the lact tlmt tha~ ~n 40, 000 square feat. · P~wchaae~ vaul~uc~, then ~d ~ that even~ attorney, this contract ik~i1 ~e &met null mud, s~1 be veturned to :~e p~ch~ser ~d ~ei~oe wh? ~hall ~abo, pay the mor~age~ recos:l ng tax,.and recorcling fees 4, If su~purchase money mortgage is to be a ~sordi~te mo~tgage:owthe~ ~i~d'sub~i:di~ate ~o the lien ' ;f the s: ' .e~ , provided (a) th~'t'the interest rate that. f-the pr ncipal amounf h~rebf shill exceed th~ a~uht of ' tTa~time of placing such new mor£gag'~ ~' cons~lidiied r~rtgage, .~. [f there l~e a mortgage on the premises ~he sailer agrees to dehve~ to the purchaser~at certificate executed and ack.,~owledg*4 hy the holder ~f ~uch ~ortga~ and ~ ~om ~ of the unpaid p~incipal ~nd ~terest ~eon, date of maturitl t ~e~t and ~at~ fees'~br ~cording sud~'~rtificate. Shauld tt~ mortgagee ~ a bgnk or other institution pre~y ~w, the~ mortgag~ may, in lieu of t~ z~d-eertifieate, furn~ ployee, or agent, containing the information ~ulred ~ ~ ~t ifo~h~ ~n said ce~ifica~. will not be in default at or as a result of t~e deli~r~ o~ ~ de~d hereunder a~d t~at thereof contains any prows~on to accelerate payment, ~ to change any of ~ oth~ te~ dehvery of the d~ hereunder. 6; 'Sa d prem ~s are sold and a~ to ~ ~nvayed ~blecr to: .~ ~ f~ -' .... -; -a, Z?mng re. Introns and ordinances of the c,ty. ~ or ~flage m b. Consents by ~ ~ller or any former o~er of p~em~s for t~ er~o~ of an~ ~ above any street or street~ on w~ch sasd premises may abut. ~ . ~ c. Encroachments o~ st~ps, areas, cellar ste~ trim a~ ~t~s. sf s~y .d. "Any .tste of facts accurate surv or' per on ' 1 ~ld reve~l provided ~ :~e do ~ot re.er title~ ~n~ of Houslng ahdBuil~ngs, Fire '~bor Health ~ o~ ~ M~ici~l' ~/'h~.~ or afl. ting ~he ~emises at the da~ ~reof, shall ~ ~mpli~ ~i~ 'by ~ ~ler the same, ~nd ~s p. ovts~ of ~ls co~tract shall survsve debve~ of t~ ~ed w th an author zatlon to mak~ the necessary search~ therefor ' ~: closing there may he any 0iber' Iiens or .eneumbrances whlehl 5t use any portion of the b~,lance of the purchase price to satisfy the same, ~lmultane?! Io th .' pu 'chaseg at ~e c osing of. title instmment~ in re¢0rdable form and sufflc~ to. satisfy.such liens and'~ j rec ~rd together with the, cost of recording or fil ng'said instruments or, ,[~i-6v~ded that~:the'rT~ll~r Isrrangements ,with the title company empluyed by the purchases; in advance of,closini, scl deposit ~th said comp~, sufficient momes, acceptable to and requ red by it to insure obtaining and the recorthng of title insurance go the purchaser either tree of any such liens and encumbrances, same' out of the insured premises. The purchaser, if request is mad~ within a. title, ag~ea to provide at the closing separate certified checks as requested, purchase price, to facilitate the satisfaction of any such liens or encumbrances, or ~thet and encumbrances shall not be deemed objectiom to tide i~ the seller shall 21.: If'a search of the title fffiscloses judgments, bankruptciei or other remms slmilai to that of the seller, the seller will on rcquost deliver to the purchaser ruptcies ot other returns arc not against the seller. - ~ L:~ . ?~ - · , ~ ~. 22. la the event that the ~ller is ~aable to convey title in.~ Will .be to refund to the purchaser th~ amount paid on a~oa;nt of title, which cost is not to excm~d the charges fixed by,the Ngw York survey made in connection therewith in. cuffed ~y the, p. ur, cltaser, and upo~ sl~ll b~ t;anstdered canceled. ~ 23. The d~d shall be delivered upon~ the receipt of said payments at the, 425,M~ Street, Greenpo~t, 24. Tbe F~tgties a~J'ee that~'~*. ~: ~,lse,~ brought about this sal~ and th~ sall~ agrees to pay Shy commissloll e~'ned 25. It i!s Understood and agreed tlSat all u~derstantJings a~d"~gr~ement~ heretnf6r~ had in thli conU'act, which alone fully ~nd co,npletely expresses their gatlon, ne ther party relying upon any statement or repi~esentation, not i:mbndied purchaser ~,as ~,s~cted the buildings standing on said pram'sea and is ti or tak~ title as is and in their present condition and s. ubjecl to reasonable e data thereof and the closing of title. ~ agreement may not be changed or termhatect oral]~ . ex~cutor~ admmmrators successors and assigns of th~ respective par es.- ~ 27. If two or more persons con~tute e~ther the seller or the p~rchaser, .t]~ wo d construed ns if it r~ad "sellers" or "purchasers" whenever the s~m~. d this this VII_ LA. E" OF' GREENPOR' VlLLA¢£ 0 POR FRANKLIN //