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Home My WebLink About1810 TOWN OF $OUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS AppealNo. 1810 Dated June 26, 1973 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Philip & Claire Dietz Pequash Avenue Cutchoque, New York at a meeting of the Zoning Board of Appeals on July 19, 19 7 3 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) DATE .J.~l.y...19, 1973 Appellant the appeal I. 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 confirmedbecause 8:35 P.M. (E.S.T.), upon application of Philip and Claire Dietz, Pequash Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bu~k Schedule for permission to divide property with less than required area and frontage. Location of property: west side Pequash Avenue, Cutchogue, bounded north by North Cross Road; east by Pequash Avenue; south by Edward Harvey; west by R. and S. Lajda. 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 hardship because practical difficulties or SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike In the immed/ate vicinity of this property and in the same use distric~ 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 /urther determined that the requested variance ( ) be granted ( that the previous decisk)ns of the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and SEE REVERSE FORM ZB4 ~ Mar~o~_.e McDermott, Secretary After investigation and inspection the Board finds that applicant requests permission to divide property with less than required area and frontage on the west side of Pequash Avenue, Cutchogue. The findings of the Board are that Mr. Lajda, the purchaser, intends to keep this land as open space. The Board agrees with the reasoning of the applicant. After division, the Dietz lot would be as large or larger than others in the area. The Board finds that strict application of the Ordinance wo~ld 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, Philip and Claire Dietz, Pequash Avenue, Cutchogue, New York, be GRANTED permission to divide property with less than required area and frontage on the west side of Pequash Avenue, Cutchogue, as applied for, and permission is granted for purchaser, S. Lajda, to use this lot as a building lot at some future time. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse, Grigonis. LEGAL NOTICE Notice of Hearings PurSuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, 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 July 19, 1973, on the following appeals: 7:30 P.M. (E.D.S.T.), upon application of Helen Chizzini, Mr. Beulah Avenue,Southold, New York, for a varaince in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide property wi~h less than required area and frontage. Location of property: east side of Mt. Beulah Avenue,Southold, bounded north by C.W. Booth; east by C.W. Booth; south by C.Wo Booth; west by Mt. Beulah Avenue. 7:40 P.M. (E.D.S.T.), upon application of Dante V. and Evelyn Morel, Bayview Road, Southold, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide property with less than required area and frontage. Location of property: Lots ~t, 2, 3 and 157, Map of Cedar Beach Park, Southold. 8:00 P.M. (E.D.S.T.), upon application of John Divello, Sound View Avenue, Mattituck, for a variance in accordance with the Zoning Ordinance, Article III, Section 302 for permission to construct garage in front yard area. Location of property: north side Sound View Avenue, Mattituck, bounded north by Long Island Sound; east by R. Mowery;.south by Sound View Avenue; west by Casbor Inc. (park). Legal Notice Page 2 8:10 P.M. (E.D.S.T.), upon application of Ray Alexiadhes, Soundview Avenue, Southold, (Meadow Point Properties), for a variance in accordance with the Zoning Ordinance, Article iii, Section 301 and the Bulk Schedule for permission to divide prQpert~ with less than required area and frontage. Location of property: north side Soundview Avenue, Southold, bounded north by Long Island Sound; east by Couloucoundis; south by Soundview Avenue; west by B. Thompson. 8:25 P.M. (E.D.S.T.), upon application of Dalchet Corporationf Pequash Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to set off existing dwelling on lot with insufficient area and frontage. Location of property: south side Main Road, Cutchogue, bounded north by Main Road; east by Dalchet Corporation~ south by Dalchet Corporation; west by Dalchet Corporation. 8:35 P.M. (E.D.S.T.), upon application of Philip and Claire Dietz, Pequash Avenue, Cutchogue, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to divide property with less than required area and frontage. Location of property: west side Pequash Avenue, Cutchogue, bounded north by North Cross Road; east by Pequash Avenue; south by Edward Harvey; west by R. and S. Lajda. 8:50 P.M. (E.D.S.T.), upon application of Carl's Mobile Homes, 650 East Main Street, Riverhead, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 and the Bulk Schedule for permission to c0nst~uct~dwelling with reduced setback from road. Location of property: one-half lot 949 and all 950 and 51, Map of Garden Heights, Mattituck; west side. Mary's Road and ~ast side Oak Place. Art/cie 1TI, SectiOll 301 and the Bulk Schedule ~or permission to di~hte ~property wit~lede~ tlle~ required ~rea a~A front~e. Lo- houllded.~orth by C. W. Booth; Bulk ~chedu~e f~r permlssio~ to $ and 15~', l~Esp of Cedar Be~ch Section 3~' for Permtss/on to area. Location of property: north a 'vs~ianee in accordance with 'bounded north by Long Island off existing d_welling on lot with Dalchet Corporation; west ~ plication of philip and Claire Dietz, PequaSh Avenue, Cut- ance with the Zoning Ordinance, Ication of prdperty: jw~st side Peq~sh Avenue, Cu~gue, ~d~ ~or~ by No~h C~ ~d; e~ by ~qu~h Avenue; s~th ~ ~w~d ~ey; west by He~h~ ~ ~t~; w~t ~de ~'s~ ~d e~t ~e Oak v~w ~, '~th~ for a ~ce ~ ~o~an~ with t~ ~A, S~ction ~ of t~ ~wn ~w f~ a~v~ ~ ~. ~w~. ~uthdd, ~ E. M~en and oth~; ~uth ~ ~y~ew ~; .w~t by Paul Obre ~ w~e. ~lic~tion of Jam~ ~. ~att, ~: ~ side Cox ~e, ~ho~ue, ~ no~ by Me~de; e~ ~ ~x ~ne: on ~e ~e appli~tio~ ~ould SOU~O~ TO~ SUFFOLK IE'W YORK ss: Whitney Booth, Jr., being duly sworn, says the Editor, of THE LONG ISLAND MATTITUCK WATCHMAN, a public news- d at Southold, in Suffolk County; and that which the annexed is a printed copy, has been said Long Island Traveler-Mattituck Watch- ich week for ....... ~--.'..~..~-~......(..../'.._~,~,.. weeksr commencing on the ............... ./../~... ........ ,rn to be{ore m~ thb ...... Z.if. ......... day of ...... ........... LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southuld, Suffolk County, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Scuthuld, at the Town Office, Main Road, Southold, New York, on July 19, 19737 on the following appeals: 7:30 P.M. (E.D.S.T.), upon application of Helen Cbi~ini, Mt. Beulah Avonue, Soathold, New York, for a variance in ac- cordance with the Zoning Or- dinance, Article HI, Section 301 and the Bulk Schedule for per- mission to divide property with less /hah reqinred area and frontage. Location of propertY, L, east side of Mt. Beulah Avonue,' Southuld, boanded north by C.W. Booth; east by C.W. Booth; south by C.W. Booth; west by Mt. Beulah Avenue. 7:40 P.M. (E.D.S.T.), upon application of Dante V. and Evelyn Morel, Bayview Road, Southold, for a variance in ac- cordance with the Zoning Or- dinance, Article HI, Section 301 and the Bulk Schedule for per- mission to divide property with less than required area and frontage. Location of property: Lot No. 1, 2, 3 and 157, Map of Cedar Beach Park; Southold. 8:00 P.M. (E.D.S.T.), upe]a application of John Divello, Scand View Avenue, Mattituck, the Zoning Ordinance, Article III, Section 302 for permission to construct garage in front yard area. Location of property: north side Sound View Avenue, Mat- tituck, boonded north by Long Island Sound; east by R. Mowery; south by Sound View Avenue; west by Casbor Inc. (park). 8:10 P.M. (E.D.S.T.), upon application of Ray Alo~iadhes, Soundview Avenue, Southold, (Meadow PoInt Properties), for a variance in accordance with the Zoning Ordinance, Article IH, Section 301 and the Bulk Schedule for permission to divide properly frontage. Location of prol~wty: north side Smmdview Avenue, Southuld, boanded north by Long Island Sound; east by Couloucoandis; south by Soand- view Avenue; west by B. 8:25 P.M. (E.D.S.T.), upon application of Dalchet Cor~ poration, Pequash Avenue, Catchogue, for a variance in accordance with the Zoning OL:dinance, Article III, Section 301 and the Bulk Schedule for permission to set off existing dwelling on lot with insufficient area and frontage. Location of iproperty: south side Main Road, r Cutchogue, boueded north by 'r Main Road; east by Dalchet · Corporation; south by Dalchet o Corporation; west by Daichat Corporation. . 8:35 P.M. (E.D.~.T.), upon'~ application of Philip and Claire Diets, Pequash Avenue, Cut- chogue, for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 301 and the Bulk Schedule for per- mission to divide property with less than required area and frontage. Location of property: west side Pequash Avenue, Cutchogue, bounded north by North Cross Road; east by Pequesh Aveauc; south by Ed- ward Harvey; Lajda. w~ 8:50 P.M. (E.D.S.T.), upon application of Carl's Mobile Homes, 650 East Main Street, Rivet*head, for a variance in ~-~ccordence with the Zoning Ordinance, Article IH, Section 301 and the Bulk Schedule for permission to construct dwelling with reduced setback from road. Location of property: one-hail lot No. 49 and all No. 50 and 51, Map of Garden Heights, Mattituck; west side Mary's Road and east side Oak Place. ' 9:00 P.M. (E.D.S.T.), upon application of Evelyn Swisky, Bayview Road, Soutbold, for a variance in accordance with the Zoning Ordinance, Article III, Section 301 for permission to divide property with less than LEGAL NOTICE Any pe~son desiring to be hcerd day of on the above applications should ' appear at the time and place above specified. ~ Dated: July 6, 1973 BY ORDER OF THE BOARD OF APPEALS 1T J12 req~fired area and frontage and COUNTY OF SUFFOLK, for a variance in accordance with Section 280A, Subsection 3 of the STATE OF NEW YORK, ~ ss: Town Law for approval of access. J Location of property: north side StMart C, Dox-lllan Bayview ~toad, Southold, · ..................................... being duly Sworn, boanded north by West Creek; soys thnt he east by E. Mullen and others; ....... is Printer and Publisher of the SUFFOLK south by Bayvinw Road; west by VVEEKLY TIMES, a newspaper published at Greenport, in said Paul Obre and wife. 9:10 P.M. (E.D.S.T.), upofi county: and that the notice, of which the ~nnexed is a printed application of James H. Pratt, Bay Avenue, Cutchogue, New copy, has been published in the s~id Suffolk Weekly Times York, for a variance in ac- cordance with the Zoning Or~ once in each week, [or . . O.1~.?. dinance Bulk Schedule for per- mission to erect leading bin with successively commencing on t~e l:wel fth Location of PrOl~ty: west side doy ut ..... north by McBride; east by Cox ~'~ .......... 7-/ ........................ Lane; seuth by L.B.G. lover; west by L.B. Glover. Sworn to fore me this /~- JOSEPH ~,',. ct ~te ct NeW york' TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CL,ERK'S OFFICE SOUTHOLD~, N. Y. NOTICE OF DISAPPROVAL ~ File No ................................................................... Date . ................ , lC)....~..~''~ To ............ ,/,~ ~ ....................... ~ ...................... .~.~" PLEASE TAKE NOTI~CE that your application dated ........... ~ ........... ' .................. ~.....,~) ........ / ~ .... .. , . . ,. ,~... .... - _.~ ....................................... · ~ .......................................................................... # ..... ~ ............................... Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF_APPEALS, TOWN OF. SOUT~I-IOLD, N~. Y Philip J. Dietz and Claire A. Die,z, nzs wife,' 3270 Pequasn Ave. uu:cnogue ~w~% Ronald Lajda and Lydia Lajd~ Eastwood Drive, Cutchogue, New York Name of Appellant Street and Number .............................................................................................. .N..e..~....Y..o...r..k. ........ HEREBY APPEAL TO Municipality State THE ZON,NG BOARD OF APPEALS FROM THE DEC,S,ON OF THE BU,'D,N . 'N:ffECTO /ON ..................................... ..................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Philip J. Dietz and Claire A. Dietz Name of Applicant for permit of 3270 Pe~uash Avenue Cutchoque New York Street and N umber Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to convey substandard szze parcel 1 LOCATIO~ OF THE PROPERTY West side of Pe.q.u. ash A Residential Street Use District on Zoning Map Map No. Lot No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub~ section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III - Section 301 3. TYPE OF APPEAL Appeal is made herewith for (x) A VARIANCE to the Zoning Ordin.ance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ¢~1~) (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 ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested forthe reason thatMr, and Mrs. Dietz own the property shown on the attached survey which is located on the west side of Pequa~h Avenue. Mr. and Mrs, Lajda own their residence property on the east side of Eastwood Drive which is contiguous with the westerly line of the Dietz property. The Dietz's residential property is about to be sold and the Lajdas, in order to enlarge their property would like to purchase the southerly vacant Form zB! portion (100 x 150(Continue onotherside) feet) of the Dietz property, leaving the Dietzs a parcel 104 x 150 feet with the residence on it to be sold by Mr. and Mrs. Dietz. REASON FOR APPEAL Continued 1. STRICT APPL!CATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because the Dietz's property, presently 150 x 204 feet, is larger that the average residential lot in the district and the separation of a part of it' b~ a sale to the Lajdas would result in balancing of ~and area of the two parcels. 2. The hardship createdis UNIQUE and is notshared by all properties ali~ in the immediate vicini~ ofthis propedy and in this use district because the two subject properties touch each other and the sale of a portion of the larger parcel to the owners of the smaller parcel would cause only a d~ff~ence in relative lot size. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because no physical change would occur in the district whatsoever, The granting of the application would in effect merely change the bouncl~ry line between the two properties. COUNTY OF SUFFOLK ) i~ Sworn to this ......... .,2..6,,t...h, ...................... ..... day of ...............J...u..n...e. ................................ 19 73 Notary Public r~ L'~FFE'q. TS PAINE~ EDSON NOTARY PUBLIC, S~a~ No. 52-1077685 - Su~foJk County Commission Expires ~arch 30~ Ronald J. ~ajda Lydia Lajda Claire A. Dietz Philip J. Dietz $outhold Town Board of Appeals -13- Ju~y 19, 1973 THE CHAIRMAN: against this application? (There was no response,) Is there anyone present who ~rlshes to speak 9r investigation and inspection the app/ uestspermission to set off lot with cient area and frontage on Main Road, , New York. The that the pro] lot would be in size of the requirement Ordinance. Granting variance powers of the Board of The Board finds that would not produce practical the hardship created is no properties alike in the that dwelling on south side of of the Board are one-third or less the present Zoning be exceeding the application of the Ordinance ulties or unnecessary hardship; would be shared by all ate nity of this property; and in the same use character of the nei of the 0rdiD~nce. On motion New York, b. lot with side of and the and will will change the t observe the spirit Gillispie, seconded bye. Bergen, it ~as Corporation, Pequash ~v~,.Cutchogue, permission to set off existing%~elling on ~en$ area ~d frontage~ located on t~ south Road, Cutcho~e, as applied for. of the Board: Ayes:- Messrs~ Gillispie, Bergen, Hulse, Gri, PD-BLIC HEARING~ Appeal No. 1810 - upon appl~eation of Philip ~d Claire ~etz~ Peq~sh Avenue~ Cutchogue~ for a variance in acoord~ce ~th ~he Zoning Ordinance, Artiole III~ Section 301 and the Bulk Schedule for permission to d~vide proper~y ~th less th~ req~red area and frontage. ~uation of property~ west side Peq~sh Avenue~ Cutoho~e~ bonded north by North Cross Road~ eas~ by Peq~sh Avenue~ sou~h by Ed~rd Ha~ey; west by R. ~d S. Lajda. Fee paid ~e Chair~ opened ~he hearing by reading the application for a variance, legal notice of hearing, affida~s a~es~ing to ~s publioa~ion in ~he official newspapers~ ~d no~ioe ~o ~he applio~. Southold Town Board of Appeals -14- July 19, 1973 THE CHAIRMAN~ The survey indicates that the block on which the Dietz's live is fully developed in lots the approximate size of the Dietz house lot. The Dietz house lot is a little larger than those of adjoining property owners. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RUDOLPH BRUER, ESQ.: I think from what you have heard, it is pretty much a swap. Under the present Ordinance sub-standard lots are less than 40,000 sq. ft. The Lajda lot is No. 22 and is approximately 150' x 135'. The Dietz lot is approximately 155' x 204'. What we would want to do is to make the Dietz property a little smaller and the LaJda property a little larger, not changing the character of the district. The residential part of the Dietz property would remain 155' x 100'. What we are really doin~ is shaving off the southern part of the Dietz property and adding it to the Lajda property. It would give road frontage on Fleetls Neck Road and Eastwood DriVee They would be the same size as the remaining lots. Mr. Dietz said these two lots were bought at the same time. THE CHAIRMAN~ All of the lots remaining on this block are improved. This is the last vacant lot on the block and the Dietz house is on the corner. THE CHA~RMANs Is there anyone else who wishes to speak for this application? MR. PHILIP ~ETZ~ I would like to tell you that across the street, east of Pequash Avenue, many of the houses are on 50 foot lots. HR. BR~ER~ Directly across the street there is an open lot subdivided into lots. TB~ CHAIRMAN: I think you also said that the buyer, Mr. Lajda, proposes to keep this as open space. MR. S. LAJ~A~ The full intention is to keep it as open space but it would be nice to have the knowledge that some day it would be possible to resell it. MR. BRURRs I don't think there ia any intent at this time to sello THE CHAIRMAN~ It would seem only fair to include in the Action the privilege of building on this lot, at some time in the future. Southold Town Board of Appeals -15- July 19, 1973 MR. BRUER: I w~uld formally request that that be part of the Action. It w~uld be the only vacant lot. MR. FRED HULSE, JR.: I don't understand why th~s should bo donee THE CHAIRMAN~ It is surrounded by lots of a similar size. To deny, would be a hardship. One of the reasons for the Board of Appeals is to grant relief. MR. HULSE~ I think we are cutting it down too small. THE CHAIRMAN: You are against dividing it at all? MR. hlJLSE~ It may be less than 1OO feet. MR. BRUER: It would be 104 feet x 155 feet. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (There was no response.) After investigation and inspection the Beard finds that applicant requests permission to divide property with less than required area and frontage on the west side of Pequash Avenue, Cutohogue. The findings of the Boar~ are that Mr. Lajda, the purchaser, intends to keep this land as open space. The Board agrees with the reasoning of the applicant. After division, the Dietz lot would be as large or larger than others in the area. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardships the hardship created is unique and would not be shared by all properties alike in the innnediate vicinity of this property and in the same use districts and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen, it ~s RESOLVED, Philip and Claire Dietz, Pequash Avenue, Cutchogue, New ¥ork~ be GRANTED permission to divide property with less than required area and frontage on the west side of Pequash Avenue, Cutehogue~ as applied fort and permission is granted for purchaser, $. I~jda, to use this lot as a building lot at some future time. Vote of the Boards Ayes:- Messrs~ Gillispie, Bergen, Grigonis. Abstaining: Mr. Fred Hulse, Jr. Standard N. Y.B.T.U. Fozm 804! · 7-7!-50M-Contzact of Sale. co..., ,.,. 2....,o...--,,o .. ,,.., --Y: NOTE: FIRE LOSSES. This form of contract conta/m 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 5-1311 of the General Obligations Law will apply. This section also places risk of loss upon purchaser if title o, pussesslon is transferred prior to closing. THIS AG~NT, made the 26th day of June BETV/EEN · nineteen hundred and seventy-three PHILIP J. DIETZ and CLAIRE A. DI~Tz, his wife, both residing at 3270 Pequash Avenue, Cutchogue, New York 11935 hereinafter deserihed as the seller, and RONALD LAJDA and LYDIA LAJDA, his wife, both residing at (no number) Eastwood Drive, Cutchogue, New York 11935 hereinafter described as the purchaser. wFrlqESS~e seller agrees to sell and convey, and tbe purchaser agrees to purchase, all that certain plot, piece or parcel o~'1a~1]'.~44~¥~11~¥~ '~ .... - - -- - - - ituate, lying and being in the Town of Southold, at Fleet's Neck, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the~sterly line of Pleet's Neck Road southerly the following two courses and distances from the intersection of the westerly line of Fleet's Neck Road with the southerly line of North Cross Road= 1) South 45° 29' 00" East 60 feet 2) South 5~° 16' 30" East 44.63 feet to the said point of beginning; running thence along the said westerly line of Fleet's Neck Road South 50° 16' 30" East 100 feet; running thence South 39° 43' 30" West 150 feetl running thence North 50° 16' 30" West 100 feet; running thence North 39° 43' 30" East 150 feet to the westerly line of Fleet's Neck Road at the point of BEGINNING. SUBJECT TO obtaining a variance for the separation of the property in accordance with the above description at the expense of the purchaser. I. 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 orproposed, in front of or adjoinin~ said premises, to the center line thereof, and all right, title and interest of the seller in andto 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 ~'ade of any soect; 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. · . :7 &t ~ttttuok, Mew YO~'k, .. ', ~ ~'~ lhg-l~O } Ooo~'8o H. Ploot Soutm,dd Town, Suffd. b: ~Mlmt~s ',,~I~ILTP J. DI~'TZ and (X, AII~ A. D~Z,his 7o ~es~ding at ~21 Lakeside Dr~ve, ~l~in, Now York, ~y of ~ ~d ~ ~*~ ~t ~e ~ o~ the ~r~ ~, by vi~ue of the ~wcr ~d autho~ ~ven in and by ~d ~t ~11 ~d t~t. ~d in c~on of Three thousand sixty and 00/100 .............. dollars, hwful money of the Unite~ States, pa~d by the part.v of the se(omi part, does hereby grant and release unto the party of the second part the heirs or successors and assigns of the party of the second part fora'er, .~!~!- that certain plot, piece or parcel of land, ' ......... ,-' ' · II I. situate, ~y{ng and ~ing in the Town of Southol d, at Cutcho~ue. ?ufOolk County, New York, bounded and described as follows: ?EGINNING at a monument at the ~ntersection of the southwesterly line of mleets Neck Road with the south6asterly line of .orth Cross Road; from said point of beginning running alon~ said southwesterly line of Fleets Neck' Road two courses as follows: (1) S. t!5° ?o, 00" E. 60.0 feet; thence (2) S. TO° 16' 30" E. 144.63 feet: thence alon~ land of the p~rty of the first part two courses as follows: (1) S. 39° h3' 30" W. 150.0 feet; thence (2) N. 50° 16' ~0" W. 217.hc feet to said southeasterly line of North Cross :~ond; thence alor.~ south- easterly line of North Cross Rr:ad N.k4° 31' 00' E. ~.g~ feet to the : iht of be~innln~. >?ug.r~OT to the followfn~ ervenants a~d recdr~"r::n~: ~at not more than one dwe~%in~ shall be ccnst:, ct. ed cn ~he T>remi,~es c~' each 100 feet of road frontage; that ~nv house or bunmakow erected or maintained shall cost not Less than ..,70~9.:: ~,t sh'i~l be at least ~c fegt bqck from the front beundar~ ~nd r~azza. Thq~ no outbulldin~s s~m ! ~ ....... , ~ :--t:r , t,, an the usus. house or b'm>'aLow, or' so ereetad t::t < ~ .'::' ~.1 ~ f r:,-) feet b,tCk flr~m the :rant bour. dsry l{ne c" ' ,,, ,-: ~:-t t,, ,,, .. h~ ',~n o~? ~we [in~ purposes ~lv, ~r~[~'~:~ :n 'a~4 : a~; t;-,it ' ~, ?owl · · :. ,, ,., ! / 4.?& It4.?& ,, ~0~o, · · "EAST'WOOD ~ LOT' ? to'r ·