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APPEALS BOARD MEMBERS SCOTT L.HARRIS yrlei Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. � Town Hall,53095 Main Road Serge Doyen,Jr. - P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 4013. Upon Application of CARMINE AND VENUSTA CARNEVALE. Application requesting review and determination confirming or recognizing this vacant lot for the purpose of obtaining a building permit for a single-family dwelling use in accordance with the zoning code bulk set-back regulations under Article XXIV, Section 100-244 of the Zoning Ordinance. The subject lot is known and referred to as Lot 50 on the "Map of West Creek Estates, " filed on August 19, 1963 as Map No. 3848, and as exempted from lot area and width requirements (Section 100-12) . Location of Property: North. Side of Glenn Road, Southold, NY; County Tax Map Designation 1000-78-2-7. WHEREAS, a public hearing was held on March 22, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, applicants seek: (a) a determination under the Zoning Code that the subject premises complies with the applicable lot area and width regulations �of the zoning code as applies in this R-40 Zone District for single-family residential use, and/or: (b) a Variance under Article IIIA, Section 100-30A.3 , Article XXIV, Section 100-244, for approval or recognition of the lot area and width which are presently nonconforming in this R-40 Zone District. 2. The premises in question is identified on the Suffolk County Tax Maps as No. 1000-78-2-7 and is located along the northerly side of Glenn Road, Hamlet and Town of Southold. 3 . It is noted for the record that V Page 2 - Appl. No: 4013 Matter of CARMINE AND VENUSTA CARNEVALE Decision Rendered March 22, 1991 ( a) the subject land is presently in the ownership of V.A.F. , Inc. , which acquired the parcel by foreclosure sale December 6, 1989, deed at Liber 10988 page 269; (b) the subject land is also known and referred to as Lot No. 50 on the Subdivision Map of. West Creek Estates filed with the Suffolk County Clerk' s Office on July 6, 1937; (c) the Subdivision of West Creek Estates is, under the current zoning ordinance, is listed under Section 100-12 "Exceptions. " All of the lots on this map are to be excepted from the lot areas and lot width as shown and designated on said map. Due to this exception clause in the code, a single- and-separate search was deemed not to be required in making this determination. 4 . The survey submitted under this application shows 135 ft. ( lot width) frontage along Glenn Road, lot depth along the westerly side property line of 150.83 feet, and total lot area of approximately 19,500 sq. ft. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the parcel which is currently identified on the Suffolk County Tax Maps as No. 1000-78-2-7, now of V.A.F. Inc. and under contract of sale to the .applicants, CARMINE CARNEVALE and VENUSTA CARNEVALE, be and hereby is CONFIRMED and RECOGNIZED for single-family dwelling use, subject to all setback, bulk schedule and other zoning requirements applicable under the zoning code, and subject County Health Department and any other agency approvals which may be required at the time of submission of an application for a building permit (with the exception of lot size) . Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN Page 2 . - Appl. No. 4U13 Matter of CARMINE AND VENUSTA CARNEVALE Decision Rendered March 22,, 19,91 (a) the subject land is presently in the ownership of V.A.F. , Inc. , which acquired the parcel by foreclosure sale December 6, 1989, deed at Liber 10988 page 269; (b) the subject land is also known and referred to as Lot No. 50 on the Subdivision Map of West Creek Estates filed with the Suffolk County Clerk' s Office on July 6, 1937; (c) the Subdivision of West Creek Estates is, under the current zoning ordinance, is listed under Section 100-12 "Exceptions. " All of the lots on this map are to be excepted from the lot areas and lot width as shown and designated on said map. Due to this exception clause in the code, a single- and=separate search was deemed not to be required in making this determination. 4. The survey submitted under this application shows 135 ft. ( lot width) frontage along Glenn Road, lot depth along the westerly side property line of 150.83 feet, and total lot area of approximately 19,500 sq. ft. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, that the parcel which is currently identified on the Suffolk County Tax Maps as No. 1000-78-2-7, now of V.A.F. Inc. and under contract of sale to the applicants, CARMINE CARNEVALE and VENUSTA CARNEVALE, be and hereby is CONFIRMED and RECOGNIZED for single-family dwelling use, subject to all setback, bulk schedule and other zoning requirements applicable under the zoning code, and subject County Health Department and any other agency approvals which may be required at the time of submission of an application for a building permit (with the exception of lot size) . Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Dinizio, Villa and Goehringer. This resolution was duly adopted. lk _'J FD .:.1.C� ZF.. ._...J.�.a +J L G / f�(/ • C'GU 1' i - li v t:'i! �; , GERARD P. GOEHRINGER, CHAI/ AN D.E. 13 �q 11-1 OUR / :s3 .�. �N 0- Town Clark, Town oz SouUH-01d t t APPEALS BOARD MEMBERS SCOTT L.RABBIS Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. `��j hr � Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio. Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of New York Town Law. and the Code of the Town of Southold, the following public hearings will be held by 'the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, 53095 Main Road, Southold, NY 11971, on FRIDAY, MARCH 22, 1991: 7:32 p.m. Appl. No. 4008 - TONY AND MARIE KOSTOULAS. Variance to the Zoning Ordinance, Article XXIV, Section 100-239.4A, Section 100-244B, and Section 100-242A for permission construction which will decrease total side yards and reduce yard setback from bluff along the Long Island Sound. Location of Property: 1035 Aquaview Avenue, East Marion, NY; County Tax Map District 1000, Section 21, Block 02, Lot 013 . 7:35 p.m. Appl. No. 4006 - ERIC AND MARY ANN ALEXANDER. (Recessed from February 22, 1991) Variance for addition to dwelling with an insufficient side yard setback. Location of Property: South Side of Peconic Bay Boulevard, Laurel, NY; County Tax. Map Designation: 1000-128-04-020. 7 :38 p.m. Appl. No. 3988 - ANTONIO VANGI . Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article XXIII, Section 100-239. 4A for permission to construct garage Page 2 - Board of i eals Notice of Hearings Regular Meeting - March 22, 1991 addition with a setback of less than 100 feet from the top of the bluff along the Long Island Sound and with side yards at less than the required 15 and 20 feet. The dwelling as exists is nonconforming as to total sideyards, and the lot area and width are nonconforming in this R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; County Tax Map Designation: 1000-83-1-17. 7: 47 p.m. Appl. No. 4013 - CARMINE AND VENUSTA CARNEVALE (V.A.F. Inc. , Current Owner) . Application requesting review and determination confirming or recognizing of this vacant lot for the purposes of obtaining a building permit for a single-family dwelling use in accordance with the zoning code bulk set-back regulations under Article XXIV, Section 100-244. The subject lot is known and referred to as Lot 50 on the "Map of West Creek Estates," filed on August 19, 1963 as Map No. 3848, and as exempted from lot area and width requirements (Section 100-12) . Location of Property: North Side of Glenn Road, Southold, NY; County Tax Map Designation: 1000-78-2-7. 7: 50 p.m. Appl. No. 3998 - HENRY AND MARY RAYNOR. (Current Owners: Mr. and Mrs. Albert Mastropaolo) . Variances: ( 1) for approval of access as required by New York Town Law, Section 280A over private right-of-way extending off the north side of Peconic Bay Boulevard, Laurel, to premises identified as County Tax Map Designation 1000-126-04-1, 2, 5; and (2) to the Zoning Ordinance, Article IIIA, Section 100-30A. 3, requesting relief under the bulk area requirements R ECEIVED /'o" qV a-rri �—o TOWN OF SOUTHOLD, NEW YORK FE6.28 IS �0f�3 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. Southold Town Clerk DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. i rn1 iy 19�T lid, Vl; C/�s �'G/•Pcl� 2s�_/sad n1•�;9;eb�� 2� //�� ii ........ ......�........ 1, (We)41 .V.-....I!..... pp o ..................... .. .. .... . Name of A ello i Street and Number .......................................................................:..:..::....:..:...... ............................HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ..................... .............. DATED .................................:..................... WHEREBY THE BUILDING INSPECTOR DENIED TO ...................... ......__...._r.---........................ ......... � Name of Applicant for permit of »................................................................................................................................ Street and Number Municipality State ( ) PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ..��. .. .d4 ..... r .:Cs :. .si.o,41.4........................... 7 Street /Hamlet / Use '�District on Zoning Map District 1000 Section Block,? Lot ...,_Current Owner 0=": .�0C,, .... .... .............................. .,I# Map No. k), 'C.tj�e e S �•DI J- . Lot No. s-a Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- secti6n and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article J2 Section 106-30- ire 1 /L3 10d-2qt( 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec: 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (ms) (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 andwas made in Appeal No. ................................Dated ............................. ........................................ REASON FOR APPEAL ( ) A Varionce'to Section 280A Subsection 3 (><Y A Variance to the Zoning Ordinance is requested for the (freason that i/ � /��(1��1 a��`lllexasl/ L� �a�ner,///� [eal7bcid yf4d�ee� 00ak � � y /n �suiL I ! $ R/aX. ) �/i�S. R-ple1/0u�c�4Sev .M, � �;•/��c�r�i�/y w�'�% se� 15Ac'� zoyl>7� - ��vre�'eo-rni.ta�iv�, �s a��✓o��tb�� �}e tP�ues� a jlarNna.e 40 doeroUE 7/e 4/4rect. 1d/'bf// Form ZBl (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because lam' lifit, -14 - ,o o -/.z 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 - 44 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because , STATE OF NEW YORK ) ss c.e ............................................................................. ... COUNTY OF ) Signature Swornto this ........a. .r. .:....................... day of....... ................. ........................ 199( .9........... ................................. Notory Public UNDA J.COOPER Notary Public,Staie of New York Nc.q,82.._ f3, - {, SURVEYED FOR:- LOCATED AT�C3C�TiyOLrJ u/rGL TOWN OF �pU SUFFOLK COUNTY N.Y. LOT 50 �vEcc B� MAP OF W6r67- (f CO. CLK. NO. FILED SCALE 1" =,dO ' aWCG. SUFFOLK CO. TAX MAP DATA:- DIST./000 SEC. 07&•00 1 BLK. O�0D � LOT 007.00® � IAI •�®� �� �.�.k.� Syr. y ?p9a PC 6 �%-r�`�"�rd..`a�1=6 SU=`E'L'�.e••,.::`� ,�� Nfis FOR T:?fie. Z..+ �LL TOTHEE STANDART;"�,.OF THEE SUFFO_'-KW�.� D PAFF s i)0E 41 OF H AL 1 H S.:RVICE'.' to m v r,eoP to Q Tu& p E[.Z3• EL•23•o 'i ! SUFFOLK COUNTY DEPARTMENT OF � P P ICZ. 'a / �sTY• HEALTH SERVICE ! OwEGGi��G i FOR APPROVAL OF CONSTRUCTiOIV ONLY DATE e HIS REF. No. MMURFACE STA BlJR APPROVED: a !� z3 K �} TION & 84PO AATION xj q OFFSETS FROM STRUCTURES � ! TO RELATIVE BOUNDRY LINES, f h; o State of New York ! ON SURVEY, ARE FOR A PeoP Licensed Land Surveyors I E�Z 9 O �%7 WILLIAM R. Jr. SPECIFIC USE ONLY, AND 290^ - NM R. SIMMONS,S MMON SHOULD NOT BE USED FOR \ � �6 lolLf0 ,•W � � �® 4408 CONSTRUCTION OF FENCES 1 OR OTHER STRU:TURES. � ell ./ 0.4�EL.2�-oo SURVEYED,C-E46. /�''j 1 5 9/ BY ! WILLIAM R. SIMMONS JR. O WFw P/O BOX 377 R 1>PA�G• PQ�s ��� �� ' JANMESPORT, L. I., N. Y. 11947 � �/ _ `l�� `� l �tlLP® /� _ ' p L�Gr �ooc.s• /,v.�Es9.E' FILE NO. f,�'� /r PAGE �,j -RID oe qw/ t ell DRAWN BY TO OF SOU�'HOLD P '_ OPERTY RECORD C*kRD OWNER. STREET VILLAGE . DIST. - SUB. :' LOT s° h ORMER O ER ��^^ c N E ACR. er1; 4c z y -" it S; W TYPE OF BUILDING---'-`.,' RES. SEAS. L. �/ FARM COMM. CB. MISC. Mkt. Value xY; LAND IMP. TOTAL DATE REMARKS / d I// 73 �s.- - w• = a; -j; . y .dr / L 9 fr7�r a //1/r3 S.�Q /� o,T, W k ye6 �o'. , Agri �o Fo / ✓ -L9- l �i's �a Il Q A Fln - - ::1 _ -. ice.. .• n1i�,G,1' :,T'`G�•: ib{. AGE BUILDING CONDITION `' qqqyyy F ?1 ♦ �' !f ( r NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acres,., x. ..?• .r �a,.. ,} Tillable 1 ;, r 1u ,�x ;Y , 5 .t t t.7ti .,.'�{14: Tillable 2 s•y Tillable 3 l' Woodland- Swampland FRONTAGE N AGE ON WATER J, FRONTAGE 3� Brushlond G ON ROAD House Plot DEPTH BULKHEAD Total - DOCK �,:. tio1 COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KuNZ DIRECTOR OF PLANNING 360-5513 April 1, 1991 Mr. Gerard Goehringer, Chairman Town of Southold ZBA 53095 Main Road Southold, New York 11971 Re: Application of "Carmine and Venusta Carnevale", Town of Southold (#4013) Dear Sir: Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Arthur H. Kunz Director of Planning S/s Gerald G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.I..NEW YORK 11788 (516)360-8192 APPEALS BOARD MEMBERS :` _ ``'.,: �; -�� SCOTT L.HARRIS Supervisor tL tc i zs1. n Gerard P.Goehringer,Chairman Charles Grigonis,Jr. ?� Town Hall,53095 Main Road Serge Doyen,Jr. v��cr < P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 Pursuant 'to Article XIII of the Suffolk County Charter , the Board of Appeals of the Town of Southold , New York , hereby refers the following to the Suffolk County Planning Commission : Variance from the Zoning Code , Article , Section Variance from Determination of Southold Town Building Inspector, Special Exception , Article Section Special Permit X_ Review and Determination under Article XXIV, Section 100-244 Appeal No . : 4013 Applicant : CARMINE AND VENUSTA CARNEVALE Location of Affected Land : N/S Glenn Road, Southold, NY County Tax Map Item No . : 1000-78-2-7 Within 500 feet of: Town or Village Boundary Line X Body of Water (Bay , Sound or Estuary) State or County Road , Parkway , Highway , Thruway Boundary of Existing or Proposed County , State or Federally Owned Land Boundary of Existing or Proposed County , State or Federal Park or Other Recreation Area Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines , or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport . COMMENTS: Applicant is requesting €9.ex= c=dx=xtxK review and determination confirming or recognizing vacant lot for single family dwelling use in accordance with hulk set-ba .k regulations. Copies of Town file and related documents enclosed for your review. Dated : 511 1fk APPEALS BOARD MEMBERS r _ f' . SCOTT L.HARRIS e t• - Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. 7 P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 March 27, 1991 Mr. and Mrs. Carmine Carnevale 1522 North Garbiner Drive Bay Shore, NY 11706 Re: Appl. No. 4013 - Zoning Determination Dear Mr. and Mrs. Carnevale: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our Regular Meeting held on Friday, March 22, 1991. Please be sure to turn to the Building Department and County Health Department for other actions and/or permits which are necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Department for their files and update. Yours very truly, Linda Kowalski Copy of Decision to: Building Department McDONALD GEOtSCMVCE Box 1000 • Southold,New York 11971 • (516)765-3677 TEST HOLE DATA SHEET Name: Sim 1.2816 Surveyor: Sim Location: Southole' ^len ?M Tax Map Number: Project Description: Lot; Date: 2/19/91IT Dar'c hrmm 'loam ---------- 10VI Brmm silty loam --------- 2..5' Pale hro*.m fine to coarse sand Greyish hroim clay --------- 5.5' Pale broTm fine to coarse sancl --------- 6.9' Water in pale brown Fine to coarse san,3 Comments: Test hole boring. . . .$100.00 Page 20 - March 22, 1991 Public Hearing - Antonio Vangi Southold Z.B.A. MRS YANNIOS, cont'd: our border. Too close to our garage and kitchen, far too dangerous. One day I was cooking in my cozy little kitchen, outside a storm was ravaging the area, with fierce winds and electrical charges. All of a sudden I was startled, and almost frightened to death by those electrical charges coming in right off the socket that was right next to the wall, close to the range. Now who' s to say that something like this can't happen and start a major fire. The first place it would spread,, would be Tony' s garage, then on to his house, then on to John' s house, because this is too close also. They have some kind of a communication and association whereby they build things together. And their dwellings are very close which I don' t approve of. TURNED TAPE OVER. A shack as long as he decorates it with shrubbery. He' s very good all decorating at the other portions of his house, but he doesn' t even care about what that shack does to our property. That' s why I 'm mad. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like -to say anything? Seeing no further oral testimony I ' ll make a motion recessing this to the next regularly scheduled hearing, not to the special hearing that will occur on April 5th. MS KOWALSKI: April 30th, right? CHAIRMAN GOEHRINGER: Yeah. All in Favor - AYE. E . No. 4013 icant(s) : Carmine and Venusta Carnevale tion of Property: NIS Glenn Road, Southold ty Tax Map No. : 1000-78-2-7 The Chairman opened the hearing at 8: 23 pm and read the notice of hearing and application for the record. =- CHAIRMAN GOEHRINGER: I have a copy of the survey performed by William R. Simmons, Jr. dated February 15, 1991, indicating a parcel of property approximately 35 X 156 variable, and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard in behalf of this application? Are you -the applicant? How do you do? Is there anything you would like to say for the record? MR CARNEVALE: We would like it approved. I have nothing to say except we would love to have it approved. a , Page 21 - March 22, 1991 Public Hearing - Carmine and Venusta Carnevale Southold Z.B.A. CHAIRMAN GOEHRINGER: Do you own a house in the area, next door? MR CARNEVALE: No, I don't. CHAIRMAN GOEHRINGER: You don' t own it. MR CARNEVALE: No. I'm applying for this. MS KOWALSKI: They are under contract. CHAIRMAN GOEHRINGER: You are contracting to buy this or contracting to sell this piece? MR CARNEVALE: I'm contracting to buy it. CHAIRMAN GOEHRINGER: I just didn' t, the first question we would normally ask is, do you own a house next door to see if the lot was merged with that lot? That' s the reason why I asked that question. MR CARNEVALE: No, I don't. CHAIRMAN GOEHRINGER: All you want to do is come and live in the area? MR CARNEVALE: We like it out here. We would like to retire here. Other than that we are applying for a hope that we get it approved. CHAIRMAN GOEHRINGER: Does anybody have any questions concerning this application? MR VILLA: Who is the current owner? CHAIRMAN GOEHRINGER: Who is the current owner? . We have a title report in the file. MR CARNEVALE: Vaf, I believe is the current owners. I don' t know what to say. CHAIRMAN GOEHRINGER: So far you are doing fine. MR CARNEVALE: Somebody said, show up, we drove over an hour to get here. Show up in case there are questions. The only thing what we are applying for we would like to have them do, that' s all. We got the Board of Health approval and everything for it. CHAIRMAN GOEHRINGER: And this is on the excepted list which a Page 22 - March 22, 1991 Public Hearing - Carmine and Venusta Carnevale Southold Z.B.A. CHAIRMAN, cont'd: exempts the subdivision, which means the lot stands, so we will definitely take that into consideration and we appreciate your driving all the way out here. MR CARNEVALE: Oh, we don' t hear tonight. CHAIRMAN GOEHRINGER: We normally do not make decisions. MR CARNEVALE: You notify us? CHAIRMAN GOEHRINGER: We will notify you. MR CARNEVALE: Thank you very much. CHAIRMAN GOEHRINGER: Thank you. Is there anybody else who would like to speak in favor of this application? Is there anybody who would like to speak against the application? Seeing no hands, I ' ll make a motion closing the hearing reserving decision until later. All in Favor - AYE. Appl. No. 3998 Applicant(s) : Henry and Mary Raynor Location of Property: ROW off Peconic B Blvd, Laurel County Tax Map No. : 1000-126-4-1,2, 5 The hairman opened the hearing t 8:27 pm and read the notice of aring and application f the record. CHAIRMAN GOEHR ER: January 11, 1991, I believe on behalf of Mary and Henry ynor. Would/ you like to be heard, Mr. Raynor? MR RAYNOR: Good evening, Chairman, It' s nice to know that you do have quiet mee in My name is Henry Raynor, and I would like to expl n a li le bit about the proposal before you tonight. It s a two-fo proposal.. The first is to separate seven lot into two parce The second would be to create a reasonab a access to the lo in question. The subdivision you hav before you .was creat by A.L. Downs in 1922, filed map n er 22 in the Suffolk Co u ty Clerk' s Office does not pear on the exempt list in t Town of Southold. Of c urse this was back in 1957 and su eguent to that the subd. ision has not appeared on that list e ther. It was the c , tom of the earlier subdivisions most of e lots were 1 d out in 50 and 60 .fbot widths. This is true throughout this whole big subdivision. Most of the homes already constructed up on the 'lots occupy two of the proposed. i i 50 on the"Map of Wd§f Creek LEGAL NOTICE Estates" filed on August 19, 1963 as Map No. 3848, and as l exempted •from lot area and and Sound View Avenue, NOTICE IS HEREBY GIV width requirements (Section Southold,NY;County Tax Map EN,pursuant to Section 267of 100-12). Location of Property- Designation 1000-135-2-22, 16, New York Town Law and the North side of Glenn Road, 17, 18, 19, (all as one tract of Code of the Town of Southold, Southold,NY;County Tax Map land for purposes of zoning).I.- the following public hearings Designation: 1000-78-2-7. 8:30 p.m. Appl. No. 3981- will be held by the SOUTHOLD 7:50 p,m. Appl. No. 3998- PHYLLIS RAYNE BYER.Var- TOWN BOARD OF APPEALS HENRY • AND ' MARY 'iances to the Zoning Ordinance, at a Regular Meeting, at the RAYNOR. (Current Owners: '.Article III,Section 100-30A(1), Southold Town Hall, 53095 Mr. and Mrs. Albert and Section 100-3 for approval Main Road, Southold, NY Mastropaolo).Variances:(1)for of principal.(second) dwelling 11971, on FRIDAY, MARCH approval of access as required by unit, on second floor over ex- 22, 1991: New York Town Law, Section isting antique sales shop and 7:32 p.m. Appl. No. 4008- 280A over private right-of-way residential apartment. (Subject TONY AND MARIE I extending off the north side of premises is nonconforming as to 1 KOSTOULAS. Variance to the Peconic Bay Boulevard,Laurel, the current regulations ap- Zoning Ordinance, Article to premises identified as Coun- plicable to lot area,parking and XXIV,Section 100-239.4A,Sec- ty Map Designation 1000-126- landscaping, and building.set- -tion 100-244B,=-and Section 04-1,2,5;and(2)to the Zoning backs in this Limited Business 100-242A for permission con- - Ordinance,Article IIIA,Section (LB)Zone District.)Location of struction which will decrease 100-30A.3, requesting relief Property:Corner of Main Road. total side yards and reduce yard under the bulk area re- and Bay Avenue, Cutchogue, setback from bluff along the quirements of the proposed nor- NY:County Tax Map Designa- Long Island Sound.Location of therly parcel of 30,162 sq.ft.and tion: 1000-85-3-2.1. Property: 1035 Aquaview the proposed southeasterly The Board of Appeals will at Avenue, East Marion, NY; parcel of 27,062 sq.ft.The sub- said time and place hear any and County Tax Map District 1000, ject land is located in the R 40 :, all persons or representatives Section 21, Block 02, Lot 013. Zone District,and is also shown desiring to be heard in each of 7:35 p.m. Appl. No 4006- on the "Map of A.L. Downs" the above matters.Written com- ERIC AND MARY ANN as Lots No. 24, 25, 26, 27, 28, ments may also be submitted ALEXANDER.(Recessed from 29,30.Containing a total com- prior to the conclusion of the February 22, 1991)Variance for bined area of 1.43 t acres.- subject hearing. Each hearing addition to dwelling with an in- I 7:55 p.m. Appl. No. 4005 will not start before the time sufficient side yard setback. THOMAS KELLY AND NAN-. . allotted. Additional time for Location of Property: South CY IANNICELLI. (Recessed your presentation will be side of Peconic Bay Boulevard, from February 22, 1991)._ available, if needed. For more Laurel, NY; County Tax Map Variance to locate garage in an information, please call Designation 1000-128-04-020. area other than the required rear 765-1809. . 7:38 p.m. Appl. No. 3988- yard at 2725 Wells Avenue (or Dated: March 7, 1991. ANPONIO VANGI.Variance to Wells Drive per assessment BY ORDER OF THE The Zoning Ordinance,Article records), Southold; SOUTHOLD TOWN XXIV,Section 100-244 and Ar- .1000-70-4-16. BOARD OF APPEALS title XXIII,Section 100-239.4A 8:05 p.m. Appl. No. 4007-: GERARD P: GOEHRINGER for permission to construct JOHN F. GARRY. Variance to CHAIRMAN. garage addition with a setback the Zoning Ordinance, Article By:'Linda Kowalski of less than 100 feet from the III,Section 100-33 fora approval pp 1X-3/14/91(19) top of the bluff along the Long of accessory gazebo structure in .Tsland Sound and with side .� an area other than the required yards at less than the required 15 rear yard. Location of Proper and 20 feet.The dwelling as ex- ty: 1285 Breakwater Road,Mat- ists is nonconforming as to total tituck, NY; County Tax Map sideyards, and the lot area and. Designation: 1000-106-8-48: width are nonconforming in this 8:10 p.m. Appl. No. 4009- R-40 Zone District.Location of 'ALEX HOMAYUNI,CHAR. Property:645 Glen Court,Cut- i LES KAPOTES,. . ANE %g chogue, NY; County Tax Map OTHERS.Variance to the Zon- Designation: 1000-83-1-17. ing Ordinance under Article 7:47 p.m. Appl. No. 4013- XXIV, Section I00-244B,. and CARMINE AND VENUSTA Section 100-243A, for permis- CARNEVALE (V.A.F. Inc., sion to construct additions and Current Owner).Application re- accessory building:(1)exceeding i questing review and determina- ' the maximum lot coverage re- Ition confirming or recognizing ; quirement for ..all strut of this vacant lot for the pur- tures/buildings;(2)increasing or poses of obtaining a building enlarging, and reconstructing permit for a single-family dwell- the existing nonconforming two- ing use in accordance with the family 'building. -(Nonconfor zoning code bulk set-back mities of the subject premises regulations under Article XXFV, are: lot area, both front yards, Section 100-244.The subject lot and two-family use in.this R-40 is:known-arld_referred td.aS,Lot . Zone District:Location.of Pro- oerty:Corner of Goldin-Avenue i e Copies of the Legal Notice for Hearings to be held 3/22/91 were sent to the following on 3/8/91: Mr. Vito Randazzo 127 Swan Lake Drive Patchogue, NY 11772 Mr. and Mrs. Eric H. Alexander 4580 Peconic Bay Boulevard Laurel, NY 11948 Mr. John Scaramucci 2045 Westphalia Road Box 1403 Mattituck, NY 11952 Marie Ongioni, Esq. 218 Front Street P.O. Box 562 Greenport, NY 11944 i and Mrs. Carmine Carnevale North Garbiner Drive Shore, NY 11706 Mr. and Mrs. Henry Raynor, Jr. 320 Love Lane Mattituck, NY 11952 Dr. R. Tabi 2 Lloyd Haven Drive Huntington, NY 11743 Mr. J. Douglas Peix 50605 Main Road Box 333 Southold, NY 11971 Mr. and Mrs. Richard Wickbodt 25 Beach Road Great Neck, NY 11023 Ward Associates, P.C. 1500 Lakeland Avenue Bohemia, NY 11716 Mr. and Mrs. Stanley Kemptner P.O. Box 1718 270 Golden Lane Southold, NY 11971 t (Continued mail list for 3/22 hearings: ) Mr. and Mrs. John Garry 1285 Breakwater Road Mattituck, NY 11952 Gary Flanner Olsen, Esq. Main Road P.O. Box 706 Cutchogue, NY 11935 James A. Schondebare, Esq. P.O. Box 1018 Southold, NY 11971 John M. Wagner, Esq. Esseks, Hefter & Angel 108 East Main Street P.O. Box 279 Riverhead, NY 11901 Times-Review Long Island Traveler-Watchman, Inc. ZBA Board Members with copies from files Individual hearing folders Original posted on Town Clerk Bulletin Board 3/7/91 APPEALS BOARD MEMBERS SCOTT L.RABBIS ,��� Supervisor Gerard P.Goehringer,Chairman Charles Grigonis,Jr. 1 � Town Hall,53095 Main Road Serge Doyen,Jr. P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 Robert A. Villa BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is- a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times,, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. If you or your representative should require more than 20 minutes to present your case, it is suggested that the extended presentation be submitted in writing at the hearing (if possible) . Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very trulv, GERARD P. GOEHRINGER CHAIRMAN Enclosure Page 3 - Board of eals Notice of Hearings Regular Meeting - March 22, 1991 of the proposed northerly parcel of 30,162 sq. ft. and the proposed southeasterly parcel of 27,062 sq. ft. The subject land is located in the R-40 Zone District, and is also shown on the "Map of A.L. Downs" as Lots No. 24, 25, 26, 27, 28, 29, 30. Containing a total combined area of 1. 43+- acres. 7: 55 p.m. Appl. No. 4005 - THOMAS KELLY and NANCY IANNICELLI . (Recessed from February 22, 1991) . Variance to locate garage in an area other than the required rear yard at 2725 Wells Avenue (or Wells Drive per assessment records) , Southold; 1000-70-4-16. 8 :05 p.m. Appl. No. 4007 - JOHN F. GARRY. Variance to the Zoning Ordinance, Article III , Section 100-33 for approval of accessory gazebo structure in an area other than the required rear yard. Location of Property: 1285 Breakwater Road, Mattituck, NY; County Tax Map Designation: 1000-106-8-48. 8 :10 p.m. Appl. No. 4009 - ALEX HOMAYUNI, CHARLES KAPOTES, AND OTHERS. Variances to the Zoning Ordinance under Article XXIV, Section 100-244B, and Section 100-243A, for permission to construct additions and accessory building: (1) exceeding the maximum lot coverage requirement for all structures/buildings, ( 2) increasing or enlarging, and reconstructing the existing nonconforming two-family building. (Nonconformities of the subject premises are: lot area, both front yards, and two-family use in this R-40 Zone District. ) Location of Property: Corner of Goldin Avenue and Sound View Avenue, Page 4 - Board of peals Notice of Hearings - Regular Meeting - March 22, 1991 Southold, NY; County Tax Map Designation 1000-135-2-22, 16, 17, 18, 19, (all as one tract of land for purposes of zoning) . 8:30 p.m. Appl. No. 3981 - PHYLLIS RAYNE BYER. Variances to the Zoning Ordinance, Article III, Section 100-30A(1) , and Section 100-3 for approval of principal (second) dwelling unit, on second floor over existing antique sales shop and residential apartment. (Subject premises is nonconforming as to the current regulations applicable to lot area, parking and landscaping, and building setbacks in this Limited Business (LB) Zone District. ) Location of Property: Corner of Main Road and Bay Avenue, Cutchogue, NY; County Tax Map Designation: 1000-85-3-2.1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: March 7, 1991. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ----------------------------------------------------------------x �O��FF��KCOGy Z �('�V l-�-�•G. ✓l.tj"l'3"! �y'� APPEALS BOARD MEMBERS r'r+ rPP SCOTT L. HARRIS Supervisor Gerard P. Goehringer, Chairman Charles Grigonis, Jr. '70,� �� Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Robert A. Villa Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTH[OLD Telephone (516) 765-1800 S.E.Q.R.A. March 8 , 1991 TYPE II ACTION DECLARATION Appeal No. 4013 Project/Applicants: Carmine & Venusta Carnevale County Tax Map No. 1000- 78-2-7 Location of Project: Glenn Road , Southold , NY Relief Requested/Jurisdiction Before -This Board in this Project: Action to confirm lot is exempt from lot area , width and depth This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental . Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board' s area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617 .2jj , this Department is excluded as an involved agency. This determination shall not, however, affect any other agency' s interest as an involved agency under SEQRA 617 .2jj . For further information, please contact the Office of the. Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at ( 516) 765-1809. me �oc��FFO[I�cOGy JUDITH T. TERRY Town Hall, 53095 Main Road Towle CLERK ® ,= P.O. Box 1179 REGISTRAR OF VITAL STATISTICS t1� Southold, New York 11971 MARRIAGE OFFICER yO Fax (516) 765-1823 Telephone (516) 765-1801 1 !� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK DATED: FEBRUARY 28, 1991 RE: ZONING APPEAL NO. 4013 - CARMINE AND VENUSTA CARNEVALE Transmitted herewith is Zoning Appeal Application No. 4013 submitted by Carmine and Venusta Carnevale (contract vendee) for a variance. Also included is Notice to Adjacent Property Owners; copies of survey; copy of contract of sale with rider attached; test hole data sheet; ZBA questionnaire; and Short Environmental Assessment Form. 14-16-4(21871—Text 12 PROJECT I.D.NUMBER 617.21 t SCQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR C _ 2. PROJECT NAME 3. PROJECT/LOCATION: e�nlotpal W j13F)0jf7-/4,0/_6 County S'�rFFdL 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) 5. IS PROP SED ACTION: • New ❑Expansion ❑Modificatlonlalteratlon 6.-DESCRIBE PROJECT BRIEFLY: IOrrl,e /mil �P�p% o 1LJ•e cila.If �f,��11d�fl� �ocy�a v� s49J/13 /� �� 7%L1 wW �l 1411 Lie I'- 20,PL)/>tJ 6- . 7. AMOUNT OF LAND AFFECTED: r� Initially o 7 5-a.Cr_w acres Ultimately �J C acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? )Wes ❑No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? j5kResidential ❑Industrial Commercial ❑A rieuiture Describe: g ❑Park/Forest/Open space ❑Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL) ❑Yes No If yes,list agency(s)and permit/approvals 11. DOES ANY ASPE T OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes 15 No If yes,list agency name and permit/approval 12. AS A RESULT OF P OPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes �1`.�.•1�0 I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicantlsponsor name: hI�U,�T� I/I�1I,/(s'/ ' EI� Q Date: � L Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be atade Ly this 1)oard before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) in order to answer the questions in this short EAF it is assumed , that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the pr nificant and completed Environmental Assessment Fo ioject may be sig- rm s necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1- Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes Ip . 2. Will there be a major change to any unique or unusual land form on the site? _Yes No 3. Will project alter or have a large effect on an existing body of water? Yes No 4. Will project have a potentially large- impact on groundwater quality? Yes No 5. Will project significantly effect drainage flow VN on adjacent sites? Yes o 6. Will project affect any threatened or endangered / plant or animal species? f Yes ✓rro 7. Will project result in a major adverse effect on air quality? _ / Yes ` o - 8- Will project have a major effect on visual char- acter of the community or scenic views or vistas /known to be important to the community? Yes ENO 9- Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological / importance or any site designated as a critical t// envircnmental area by a local agency? Yes No 10. Will project have a major effect on existing or • future recreational opportunities? Yes No 11. Will project result in major traffic problems or /cause a major effect to existing transportation / :systems? ttt/// .Yes No 12.. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes _ V No 13. Will project have any impact on public health or safety? _Yes No 14. Will project affect the existing community by directly cousin a / 4 growth in permanent Popula- tion of more than 5 percent over a one-year Yes period or have a major negative effect on the —No character of the community or neighborhood? 15. Is there public controversy concerning the project? ,� //, Yes —No Preparer's Signature: �, Representing: 29A.y/75 Date: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) ��m�IF �.QIU�Uf9l-� p��Ti2�gcT !�E/iJ15��' B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? LN<� Yes { } No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? { } Yes {X} No 11 D. 1. Are there any areas which contain wetland grasses? IVU 2. Are the wetland areas s own on the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and ' the upland building area? — eL 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? _0C 7 �io/°�le-ACI-C- E. Is there a depression or sloping elevation near the area of proposed co truction at or below five feet above mean sea level? JU0 (If not applicable, state "N.A. ") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? piU , If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? tv(� If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? h)() If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel ll D ,�,CC'. and proposed use ZJ0u�-,,6_' _p6h onrc,160CIVCV, Authorized Signature ana Date 3/87, 10/901k z § 97-13 WETLANDS § 97-13 TOWN — The'Town of Southold. TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-19841 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L.No.6-19851: �r L' v A. TIDAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with,or which border on,tidal waters,or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but-not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following. salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: • (1) "Freshwater wetlands"as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York;and (2) All land immediately adjacent to a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in `seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." . 9705 2-25-s5 31.5_ Standard N.Y.B.T.U.Form 8U41•' -cootract of.Sale. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY." NOTE: FIRE LOSSES. This form of contract contains no express provision as to risk.of loss by fire or other casualty before delivery of the deed. Unless express provision is made,the provisions of Section 5-13 1 1 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. THIS AGREEMENT, made the 3 day of January . nineteen hundred and Ninety—.one BETWEEN V.A.F . INC. , with offices at 1 Dorchester Drive , Muttontown, New York 11545 , hereinafter described as the seller, and CARMINE CARNEVALE and VENUSTA CARNEVALE, both residing at 1522 North Gardner Drive , Bayshore , New York 11788, hereinafter described as the purchaser, WITNESSETH, that the seller agrees to sell and convey, and the purchaser agrees to purchase, all that certain plot, piece or parcel of land, say}ncdtetb[ddi�tcxucl�mparc�a�aQaoxxlttpttc9eeec�r�, situate, lying and being in the Town of Southhold, County of Suffolk and' State of New York , known and designated as Lot No. 50 on a certain map entitled "Map of West Creek Estates" , and filed in the Office/"of the Clerk of the County of Suffolk on August 19 , 1963, as Map No. 3848.' TOGETHER with an easement and right of ingress and egress over any roads described in said filed map to and from Bayview Road, subject however, to the right of ingress and egress granted, or that may here- after be granted, to other owners of numbered lots on said map and others to whom the same may be granted over the roads and extensions on said map . Further, subject to 4e right of the seller, his heirs and assigns , to dedicate the lands included therein to the Town of SouNold as a public highway, whicji rigIlt of dedication is hereby reserved. Upon such dedication the easement and right hereby granted shall terminate . SUBJECT to covenants , restriction, utility easements , reservations and agreements of record, and in particular, a Declaration of Covenants and Restrictions dated March 9 , 1964 , and recorded in the office of -the Clerk of Suffolk County on Mar di 30y 1964, in Liber 5520 , page 315 , as amended. Premises is or will -be improved 'by a one or two—family dwelling only. 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 S IXTY iOUSAND and no/100 ( $60 ,0( DO) — — — — — — — - - — , — — — — — — — — — — — — — — , — — - Dollars, payable as follows: SIX THOUSAND 4nd no/100 ($6 ,000 . 00) — — — — — — — — — — — — — --Dollars, to be he]fcl by Sel,leL.s �ttorr y, inh eseroy�, on the signing o this contract, y check su sect to co ection, t e receipt o which is hereby acknowledged;' FIFTY FOUR THOUSAND and no/1p0 ( $54 ;000. 00) — — — — — — — — — — Dollars, in cash or good certified check to the order of the seller'on the delivery of the deed as hereinafter provided; oars, by to gg 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 assi s executing, acknowledging and delivering to the seller Zthe on of the seller, a note secured by a purchase ney mortgage on the above premises, i together with per cent per annum payable i 3. Any bond or note and mortgage to be give ereunder shall be dra on the standard forms of New York Board of Title Underwriters for mortgages of like lien; shall be drawn by the at ey for the seller at the expense of the purchaser, who shall also pay the mortgage recor g tax and recording fees. J. 4. If such purchase money mortg is to be a subordinate mortgage:on the pre ises it shall'provide that it shall be subject. and subordinate to the lien o e existing - J -mortgage of $ �. any extensions thereof and to any mortga or consolidated mortgage which maybe placed on the remises in lieu thereof, and to any extensions thereof prov' ed (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 said.existing,mortgage '�at the time of placing such new mortgage or consolidated.mortgage, the,excess.be paid to the hol of such .purchase money mortgage in�ieduction of the principal thereof..Such. purchase.money mortgage shall also provide t t such payment.to.the holder thereof shall not alter or affect the regular,installments, if any, of principal payable thereun r and shall further provide that the holder thereof will, on demand and without charge therefor,-execute, acknowledge and eliver any agree- ine:nt br agreements'further to effectuate such subordination. t ere be a mortgage on the premises the seller agrees to.deliver to the purchaser at t e time o e every o e ee a pr certificate executed and acknowledged by the-holder of such mortgage and in form for recording-, certifying as to the 'amount of the unpaid principal and interest thereon, date of maturity thereof and rate of interest thereon, and the seller shalhpay the fees for recording.such certificate. Should"the mortgagee, be a bank. or other institution as defined in Section 27.4-a, Real Property Law,'the mortgagee may, in lieu of the said certificate, 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 ther'eof'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 'Debartment having jurisdiction, against or affecting the premises at the date hereof, shall be complied with by the seller and the premises shall be conveyed free of the same, and this provision of this contract shall survive delivery of the deed hereunder. The seller shall furnish the purchaser with an. authorization to make the necessary searches therefor. ! � , 1 . 1... � . Omit 8. All obligations affecting the premises incurred under the Emergency Repairs provisions of the Administrative Code of Clause 8 it the property 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 is flat on the deliver of the deed. This provision shall survive the deliver of the deed. Nezuthe City o1 upon Y Y Clause a 91.s 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 Clause 9 is usually ment or assessments which are or may become payable in annual installments, of which the first installment is then a charge omitted it or lien, or has been aid, then for the purposes of this contract all the unpaid installments of, any such assessment, including the property. P P 6 is not,n those which are to become due and payable after the delivery of the deed, shall be deemed to be due and payable and he Cit New York to be liens upon the premises affected thereby and shall be paid and discharged by the seller, upon the delivery of the deed. 10. RT"h,,e following are to,be,Qa.,pPp�ortioned: (a) fi x ik5� ' (b) knkKeq $�6@A• (c) Vk"R4T% 9C�E'�tiSEi kr* xR � xetGt 2ii�sx > m� secatmcthrtszsltlsitigX(d) Taxes and sewer rents, i any, on the basis of the fiscal year for • I I 1 s . •vs . t - ' L. e-_-!. _t A.- -_e-_-1-- ----- /t\ r.-.._1' :[ -_-. J. 11. If the closing of the till" 11 occur, before the tax rate is fixed, the appol pent of taxes,shall.be upon the-basis of the tax rate for the next precedi '!ar applied to the"latest assessed valuation. isall furnish a reading to a date not more than thirty days prior to the 12. If there be a water meter on the premises, the selle 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 S aTe": Deed with Covenant 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 o,f"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. Oi11 15. In addition, the seller shall at the same time deliver to the purchaser a certified check to the order Of the Finance Admin- Clauie 15 if the properly istrator for the amount of the Real Property Transfer Tax imposed by Title II of Chapter 46 of the Administrative Code of the City a% the City of New York and will also deliver to the purchaser the return required by the said statute and the regulations.issued Nrri,York. 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 any rep u t ab 1 e tit 1 e e omp a tty a Member of the New York Board of Title Underwriters, will approve an 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 i'�suance of title insurance to the purchaser either free of any such liens and encumbrances, or with insurance against enforcemeltt 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 the title discloses judgments; bankruptcies or other returns against other persons having names the same as or similar to that of the seller, the seller will on request deliver to the purchaser an affidavit showing that such judgments, bank- ruptcies or other returns are not against the seller. 22. In the event that the seller is unable to convey litle in accordance with the terms of this contract, the sole liability of the seller will be to refund to the purchaser the amount paid on account of the purchase price and to pay, the net cost of examining the title, which cost is not to exceed the charges fixed by the New York Board of Title Underwriters, and the net cost of any survey made in connection therewith incurred by the purchaser, and upon such refund and payment being made this contract shall be considered canceled. 23. The deed.shall be delivered upon the receipt of said payments at the office of peter B o r z uk u, E s.q. , 3323 Hewlett Avenue, Merrick, New York 11566 0u tnt /l at 10 A.M. o'clock on 1 19 91. 24. The parties agree that B u r t L ew i s Re a l Es t a to 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 inspected 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 7as if.ii rea sellers" 9�"purchasers" whenever the sense of this agreement so requires. IN WITNESS WHEREM, this agreement has been duly executed by the parties hereto. In presence of: /�WLf -Sce0r,1/�4Gr�N , • " STATE OF NEW YORK, COUNTY OF au; S 11 G%FWRW J I R WITWI Qm$ ss: On the day of 19 , lmf;nre mie tall dill: dify,xff 119? „Imif,ore me personally.came t a�nrirlll�cry M I, f to me known to be the individual described in and whotfxenutui tieme:!dsrcuvrrattn%Jbi tlln;iirdlivi l discr*i6dliinaaysA6executed the foregoing instrument, and acknowledged that tile,ffzwVihN iinsrumeent,anr¢1 ao1km wler�d:i tihat executed the same. I. e�ocsz;utetiltlhr:ssrrnm, STATE OF NEW YORK, COUNTY OF lac -jumOT.Rt wl-=M,CV&W'11mrrT� ssc On the day of 19 , l©km,rme I (On film dkyy(off 1R) ',Ixe3iDre me personally came 1 iPasxwrrdl ,ca:n� to me known, who, being by me duly sworn, did deposeaind sy y rtomee;k,nttikrnanelll n�wnttram�tUeii aapartharnm that he resides at No. i I as Wttrrerf$ijp,:anal rknova otn mra ttn line title ppe mm dewrib,ed in and that he is the v�ltruFrseauttlle fs`ua�gringtiitsirum£Trttiirat}i ,pitnnsIliane, and of Mail � duly the corpora tiondlrr iuuuk 1 � � dialt16-J"Mndz.Ztilm firevgiI)w.ir.,d1wir n9 fsrr and in and which executed the foregoing instrument; that im tknom m l#:etaei.fcaffssaitl a.trrniasli q�. the seal of said corporation; that the seal affixed to said imIramierit is such corporate seal; that it was so affixed by order of 11-m:fira,a#1 i of directors of said corporation, and that 'he signed h' nai=.. 1 thereto by like order. . Closing of title under the within contract is hereby IF9 a axY o'clock, at ;;tiiti tw Be,elbs-mkl midi all]xdlirsJt n ntss to,lift,made' as of 19 Dated, 19 For value received, the within contract and all the r'Wht,tiilfe aEntal iirtt=wu aft`dies purchh ;111e3ft3FIY436d ax,H rs36b mffntgned, . transferred and set over unto and said assignee hereby assumes all obligations of:f w,piu all-aw=tlfannunTirs. Dated, 19 Ruizchaser ......_..__..........._................_ ....... .. ffssa�rter ar'f�Irrr�raver • -311 Tautrar# of inlr 1 'h4lfy 11 TIV.e No. Minn %1F3 I, V.A. F. , INC. lLc>it tEG0 .. .. •. .. . t'�'zmrrttt/cor''llhtvna o�� �:�riar�3'.��7:11c� .. , TO 33ir�rl�Fur>fi3ere�t;B�".cttil�ss: P CARMINE CARt*ALE AND tnnfi�tl. sIiaegn,�msafa VENUSTA CARNEVALE, his wif a-, i17�LcI'tuId !WN+'iAWT'X1k: " STANDARD FORh4 OF NEW YORK BOARD OF TITLE UNDERWRITERS 'Di.rtribufed by la .yens Title Insurance Corporation Home Office—Rlchrgcmd,Mr8inie 90 PARK AVENUE; NEW YORK, N. Y. 10016 THE OBSERVANCE OF M E F- -:WIDE,,S �IM TVJU,SMME 11 AND TROIM A7 'ME, Ci f s ' THIM TIME-' The SELLER should bring with hinp.alll in'&u mtx j�jdiAiiss rwardi d{rpllarxttxis,r iptit tl diills Kor tt km. atasessments and water rates, and any leases, deeds or agreenoiti.affeciir�;tiln,,qm:,aayt. When there is a water meter on the pTsnii iJims3fiaJid."hTiriitr )I the ' If there are mortgages on the property.1hei z>Li1 g rrOiy mw.tbo6,,taitT3t}teemq mgjuireil.uicdeT}Paragraph 5 of this contract. He should furnish to the purchaser atfa1111fittaffttnramts3,gjvan�t4la nanrr�g,Tisrltr}malll zyye i la,xTdl ctto-,which the rent has been paid. The PURCHASER should be p epxr=ii sriilh 6-",- ort enrtiifa ca vuk,d}mvi a-)ttlar oKilit: oif IS=m31 m.'The check may be certified for,an approximate amount rrsi3lctia:ha niay hr.tutuiiclsCi#rrrt;.lre}lasi9arl; rcf;itlire-c..s?lltetitt. 1 § 100-11 SOUTHOLD CODE § 100-12 C. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. Except where specifically provided to the contrary, it is not intended by this chapter to repeal, abrogate, annul or in any way to impair or interfere with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to law relating to the use of buildings, structures, shelters or premises; nor is it intended by this (� chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties. [Added 1-10- 89 by L.L. No. 1-1989] § 100-12. Exceptions. [Amended 10-30-73 by L.L. No. 5-1973] All of the lots on the following subdivision maps shall be excepted from the lot area and lot width requirements of this chapter, and the lot areas and lot widths applicable to said lots shall be as shown and designated on said subdivision maps:Green Acres; Stratmors; Marion _ Manor; Cleaves Point, Section II; Fordham Acres, Section I; Fordham Acres, Section II; Sterling Homes; Eastern Shores, Section I; Eastern Shores, Section II; Eastern Shores, Section III; Eastern Shores, Section IV; Eastern Shores, Section V; Southold Shores; Sunny " --- __ Shores; Moose Cove; Nassau Point; Deer Park; Village Manor; G.I. Tuthill; Edgemere Park; Willow Terrace; Soundcrest Woods; Gardiners Bay Estates, Section III; Harvest Homes, Section I; Bayview Woods Estates;Willow Point; Harbor Lights Estates, Section I; Terry Waters; Bay Haven; Corey Creek Estates; West Creek Estates; Northwoods; Vista Bluff-, Jacksons Landing; Bennett's Pond; Rosewood Estates; Sunset Knolls, Section II; Smithfield Park; `w Paradise Point; Harbor Lights Estates, Section III; Highwood; = Nunnakoma Waters; Yennecott Park; Downsview; South Harbor Homes; Peconic Shores, Section I; Peconic Homes, Section I; Peconic C Homes, Section II;Peconic Bay Oaks;Laurel Country Estates; Orient- by-The-Sea, Section II; Cleaves Point, Section III. 10012 .2-25-89 x �-��s moor § 100-13 SOUTHOLD CODE § 100-13 1 MASTER PLAN — A plan for the controlled development of all or portions of the Town of Southold, the protection of environmentally sensitive areas, the enhancement of fishing and shellfishing,healthy recreation areas and facilities and the protection of the underground water supply; the plan to be prepared by the Planning Board pursuant to § 272-a of the Town Law, which plan indicates the general locations of physical development within the town and includes any unit or �1 part of such plan separately adopted and any amendment to such plan or parts therein. MEAN HIGH WATER (MHW) — Average height of high water datum reported by the United States Geological Survey. MOTEL, RESORT — See "hotel or motel, resort" MOTEL, TRANSIENT — See "hotel or motel, transient" NONCONFORMING BUILDING OR STRUCTURE — A building or structure legally existing on the effective date of this chapter or any applicable amendment thereto but which _. fails, by reason of such adoption, revision or amendment, to conform to the resent district regulations for an p gu y prescribed structure or building requirement, such as front, side or rear C yards, building height, building areas or lot coverage, lot area per dwelling unit, dwelling units per building, number of parking and loading spaces, etc., but which is continuously maintained after the effective date of these regulations. NONCONFORMING LOT — A lot the area or dimension of which was lawful prior to the adoption,revision or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment. NONCONFORMING USE — A use, whether of a building, sign or tract of land, or combination of these, legally, existing on the effective date of this chapter,which does not conform to the present use regulations of the district in which it is located but which is continuously maintained after the effective date of these regulations. NURSERY SCHOOL — A building or buildings, together with any accessory uses, buildings or structures, used as an 10026 $ zs-ss y r r V.A.F. , Inc. to Carmine & Venusta Carnevale Page 1 RIDER .TO CONTRACT OF SALE Dated: January 3, 1991 BETWEEN V.A.F. ,INC. , as Seller, AND CARMINE CARNEVALE and VENUSTA CAREVALE, as Purchasers, 28 . Supplementing Paragraph 6, the Premises are sold subject to the additional following encumbrances: (d) State of facts as an accurate survey might disclose, provided that such additional facts do not render title unmarketable. (e) Covenants, restrictions, easements and consents of record, provided they do not prohibit the erection or maintenance of a structure or structures to be built on the Premises or materially adversely affect the use or enjoyment of the Premises. (f) Rights, if any, acquired by any utility company, to maintain and operate lines, wires, cables, boxes, pipes and poles, in, over and upon said premises. (g) Encroachments of retaining walls, cellar doors, window, hedges, trim coping, ornamental projections and fences. (h) Variation between record lines and fences, hedges and retaining walls. (i) Encroachments, if any, upon and affixations, if any, to these premises and/or buildings thereof, of walls, foundations or appurtenances of buildings located 'on adjoining premises. J (j) Encroachments, if any, of building wall foundations or appurtenances of buildings belonging to these premises upon adjoining premises. 29. Within twenty (20) days of the receipt by Purchaser's V.A.F. , Inc. to Carmine & Venusta Carnevale Page 2 attorney of a fully executed copy of this contract of sale, Purchaser's attorney shall, order a title report from a title company described in paragraph 16, naming Seller's attorney as a recipient of the commitment and all other correspondence in connection therewith. Seller shall be permitted to adjourn the closing of title for thirty (30) days in order to eliminate any objections or defects in title, other than those to which the Purchaser has agreed to take subject to, but Seller shall be under no obligation to bring any action or proceeding or incur any expense in order to remove any exceptions or defects or to make title marketable. 30. (a) If any of the representations made by the Seller herein shall prove inaccurate and substantial, so as materially to affect the understanding of the parties, the sole remedy of the Purchaser shall be rescission and repayment of the amount paid hereunder, together with the reasonable cost of a survey, if any was obtained, and for its expenditures in searching the title to the Premises usually charged by a title company engaged in such business in the State of New York and upon such repayment, the Purchaser shall have no further claim against the Seller whatsoever. All the understandings and agreements heretofore had between the parties are merged in this contract which alone fully and completely expresses their agreement. This contract is entered into after full investigation by the Purchaser, the Purchaser not relying upon any statement or representation not embodied in this contract made by the Seller or any Broker. Seller represented only the items herein expressly set forth in this contract and make no representation with respect to the realty, any improvements thereon or any chattels or articles of personalty unless expressly set forth in this contract. The Seller has not made and does not make any representations as to the physical condition, and where applicable, expenses, operations, or any other matter or thing affecting or relating to the Premises, except as herein specifically set forth, and the Purchaser expressly acknowledges that no such representations have been made. Purchaser has or has been given ample opportunity to inspect the Premises. The Purchaser is thoroughly acquainted with the condition of the property and agrees to accept same "AS IS" as of the date of the closing of title. 31. The acceptance of a deed by Purchaser shall `be deemed to be a full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Contract, except those obligations which by specific provision of this contract survive the delivery of the deed. 32. All notices, demands and requests which are required or desired to be given shall be in writing, and shall be sent by hand V.A.F. , Inc. to Carmine & Venusta Carnevale ' Page 3 or by United States Registered or Certified Mail, Return Receipt Requested, postage paid, addressed to Sellers at: c/o Peter Borzuku, Esq. 3323 Hewlett Avenue Merrick, New York 11566 and to Purchaser at c/o Mark Wolf, Esq. Wolf & Wolf, Esqs. 300 Motor Parkway Hauppauge, New York 11788 All such notices, demands and requirements shall be deemed given on the date mailed. 33 . The parties agree that in the event of Purchaser's default hereunder, the actual amount of damages suffered by Seller would be impossible to ascertain. The parties therefore agree that in the event of a material default on the part of the Purchaser in any of the obligations on its part to be performed pursuant to this Contract, Seller's sole remedy shall be to retain as liquidated damages of the deposit of SIX THOUSAND ($6, 000. 00) dollars paid by the- Purchaser pursuant to Paragraph 2 of this Contract, and upon the receipt by Seller of the said SIX THOUSAND ($6, 000. 00) dollars, this Contract shall be null and void and the parties shall be released of and from any and all further claim or liability to one another hereunder. 34. Supplementing Paragraph 2, Purchaser is depositing a check in the amount of SIX THOUSAND ($6,000. 00) dollars (the "Deposit") with the Seller's attorney, Peter Borzuku (the "Escrow Agent") as Seller's agent. The Deposit shall be held by the Escrow Agent and delivered only in accordance with the following provisions: (a) If the closing of title hereunder shall occur, then the Escrow Agent shall deliver the Deposit to the Seller. (b) If the Escrow Agent shall receive a written notice signed by both the Seller and the. Purchaser authorizing and directing delivery of the Deposit, then the Escrow Agent shall deliver the Deposit to the authorized recipient. / (c) If the Escrow Agent shall receive a written notice from the Seller or the Purchaser stating that the other party has defaulted under this Contract and that, as a result thereof the party delivering such notice is entitled to the Deposit, then the Escrow Agent shall promptly deliver written o V.A.F. , Inc. to Carmine & Venusta Carnevale Page 4 notice (the "Default Notice") thereof to the other party and, unless such other party shall have delivered a written notice of objection to the Escrow Agent within ten (10) days of receipt by such other party of the Default Notice, the Escrow Agent shall deliver the Deposit to the party initially requesting the Deposit. (d) If the Escrow Agent shall have received a notice of objection as provided for in subparagraph (c) hereof within the time therein prescribed, or any disagreement or dispute shall arise between or among the Seller or the Purchaser and/or any other persons resulting in adverse claims and demands being made for the Deposit, whether or not litigation has been instituted, then, in any such event, at the Escrow Agent's option (i) the Escrow Agent may refuse to comply with any claims or demands on it .and continue to hold the Deposit until the Escrow Agent receives written notice signed by the Seller, the Purchaser and any other persons who may have asserted a claim to or made a demand for the deposit directing the disbursement of the Deposit, in which case, the Escrow Agent may then disburse the Deposit in accordance with said direction, and the Escrow Agent shall not be or become liable in any way or to any persons for its refusal to comply with any claims or demands; or, (ii) if the Escrow Agent shall receive a written notice advising that litigation over entitlement to the Deposit has been commenced, the Escrow Agent may deposit the Deposit with the Clerk of the Court in which said litigation is pending; or, (iii) the Escrow Agent may (but shall not be required to) take such affirmative steps as it may, at its option, elect in order to substitute another impartial party to hold the Deposit and to terminate its duties as Escrow Agent, including but not. limited to, the deposit of the Deposit in a court of competent jurisdiction and the commencement of an action of interpleader, the costs thereof to be borne by the Sellers or the Purchasers as the losing party, and thereupon the Escrow Agent shall be released of and from all liability hereunder. 35. The printed part of this contract is hereby modified and supplemented by this Rider. Wherever there is any conflict between this Rider and the printed part of this contract, the provisions of this Rider are paramount and the contract shall be construed accordingly. 36. Supplementing Paragraph 24, Purchasers agree to indemnify and hold Seller harmless from and against any claim, judgment, liability, cost and expense (including, without limitation, reasonable attorneys' fees) resulting from any breach of Ourchaser's representations set forth in Paragraph 24 . The provisions of Paragraph 24 and this Paragraph shall survive the closing. 37. Extensions of any dates set forth herein may be granted by V.A.F. , Inc. to Carmine & Venusta Carnevale` Page 5 the attorneys for the parties with the same force and effect as if made by the parties themselves. 38 No federal, state or local income, franchise, estate of other tax which affects the subject premises or constitutes an objection to title shall be deemed objectionable by Purchaser as long as Purchaser's title company insures Purchaser against collection thereof from the subject premises. 39. If the payment made on account of the purchase price at the time of the execution of this agreement is by check, and if said check fails due collection, the Seller, at its option may either (i) declare this contract null, void and of no force and effect, or (ii) may pursue its remedies against the Purchaser upon said check or in any other manner permitted by law. Notwithstanding that Seller has elected (ii) , it may at any time thereafter abandon its remedies against Purchaser upon said check and then declare this contract null and void. 40. Except as otherwise herein provided, the customs in respect to title closing recommended by the Real Estate Board of New York shall apply to the apportionments at the closing of title hereunder. 41. All sums required to be paid by Purchaser at the time of the closing of title shall be by certified checks of the Purchaser or by official bank checks or teller's checks, drawn on a New York City or-Long Island bank or trust company, which is a member of the Federal Reserve System, or the New York City Clearing House, and shall be made payable directly to the order of the Seller. Any such checks accepted by the Seller shall be deemed accepted subject to the collection thereof. Non-certified check for adjustments, not to exceed one thousand ($1, 000. 00) dollars, may be paid by good ordinary check only of the Purchaser. 42. If at the time of the adjournment date, the Seller is unable to convey title in accordance with the terms of this Agreement, or if the premises are in violation of any zoning or other ordinances, and if Buyer are unwilling to accept such title as Seller is able to convey, or to agree on a suitable abatement of the purchase price, either party may terminate this agreement. In the event of termination under this paragraph, the deposit and the interest accrued shall be paid to Buyer, and Seller shall reimburse Buyer the cost of title examination, the survey made in connection herewith. Upon receipt and collection of those funds, neither ,Marty shall have any claim of any kind or nature against the other with respect to the purchase contemplated by this Agreement or the termination of this. Agreement. 43 . This contract is subject to and conditioned upon the V.A.F. , Inc. to Carmine & Venusta Carnevale Page 6 Purchasers obtaining, at their own cost and expense, by Malreh 1, 1991, a Buildable Lot Certificate from the Suffolk County Board of Health. If Purchasers shall be unable, after diligent efforts, to obtain said Certificate within. said period, then either party, by written notice to the other, may cancel this Contract and the down payment may be refunded to the Purchasers and this Contract shall become null and void with no liability to either party. 44 . In the event the Purchasers request an extension of thirty (30) days for closing and Purchasers are unable to meet the closing date or requirements of this contract, then the Purchasers shall be deemed in default .and paragraph 33 hereinabove shall be applicable. V.A.F. , INC. by ? � ��/t✓nucz.�✓ -h. -ems / Carmine Carnevale Venusta Carnevale 01) Peter Bo uk / Escrow Agent Fe ow w 7-H 'ToW,,O CO07-d p,� APf AV4 i c Bolt-), A f�iUlL i=Am/L/ 4;A;X'ACT iS Oc5ex/P/ eF TAIG 14appeLiA(- By AD,�/L /� lggl A iiAle �A r y #EIet i,) rn4y &441cE` As �r�, 07 �3_ DATE 12/04/90 S 0 U T H 0 L D O W N E R S G U I D E PAGE 485 MA TAY klAP NO. LAST KNOWN OR,. R_F._PUTED_OWNER_ ......__.--•--•-.--•- --......-.-- - ----..._..___.. ADDRESS _. -- ZIP a 1 �7 SIMON LL-OYD--$_ P,HYLLIS __-_.__ ___-___-__ _—_ ___ - ___ , 1945 GLENN RD ~` 473329 SOUTHOLD NY 11971 ----_-----------------------------------------__--------------------------------------_------------------------------------------------ 78.-1-2d BAYLES JANE L - ?0X :11 473339-- - - ---------- -- - SANDS_LIGHT--- _._ SANDS POINT NY 11050 ---------------------------------------------------------------------------------------------------------------------------- 29 GERAGHTY JAMES 8 WF 1370 WICK.HAM AVE 473389 MATTITUCK NY 11952 --------------------------------------------__--_____---------------__-__--__-----------_-------------------------_--____----------- 7g•-1-30 KLAHN MARGUERITE A 74 BEVERLY AVE 473389 ._ _-_ FLORAL PARK NY 11001 ------------------------------------------------------------------------------------------------------------------------------------ 7°.-1-31 NCWILLIAM"_LYNM T_____------ --.----_-___----__---_-_-- _- _._. _.... 31 OAKAOOD ST 473339 GREENLAWN NY 11740 ---------------------------------------------------------------------_-_-_ ------------------------------------------------------------- 78.-1-32 WALLACE JOHN A R WF 26 LINWOOD AVE 473339 FARMINGD.ALE NY 11735 ---------------------------------------------------------------------------------------------------------------------------------- 73.-1-33 DOUGHERTY MARY_GRACE a ORS 21 A.RISTA DRIVE 03$89 C/O ABRAHAM BENDER DIX HILLS NY 11746 -------------------------------------------------------------------_-_----------------------------------------------------------------- 78.-1-34.1 THE NATURE CONSERVANCY 1800 N KENT ST-WELLS �O 473.189 _ ARLINGTON VA ------------------------------------------------------------------------------------------------------------------------------------ 18..-1-37.1 GANNON DORIS_ M _ __----- _ _ __--_ _.----------.._.-- - 2875 0AYVI F.W RD 473889 - SOUTHOLD.N Y 11971 ------------------------------------------------------------------------------------------------------------------------------------ 78.-1-38 MILFORD PATRICIA D BAYVIEW ROAD 473039 _ _ SOUTHOLD NY 11Q71 ------------------------------`--------------------------------------------------------------------------n-------------------------- 78.-1-39-- DART .. DWARD D ------- - - ---- -- - - - -------- --- P=CONIC LA E 473389 PECONIC NY 11958 ------------------------------------------------------------------------------------------------------------------7------------------- 40-1 POLYWODA JOAN A BAYVIEW RD 9OX 234 `1t 473949 __ SOUTHOLD NY 11971 ------------------------------------------------------------------------------------------------------------------------------------ 78.-2-1 HRISTOPOULOUS VASILIOS 1429 LEXINGTON AVE 473839 C/O BEE GEE CLEANERS NEW YORK NY 10028 ------------------------------------------_---_--_---_------_----_----_-_-_----------_-------------_---_---------------------------------------- 78.-2-2 ✓ VTROUDSBURG TY 122 'BILLOW STREET � 473839 SOUTHA.!^PTON :NY 11963 --------- ---------------,, --------------------------------------------------------------------------------------------------- 78.-2-4'� lWATSON JOHN BOX 439 473839 SOUTHOLD NY 11971 -------_-------------------------------------_ --------------7-_-_-_----7------------------------------------------------------------------- 13. -5 D'APONTE ANTELLO 3 NIRIAM 592 7TH ST 473339 BROOKLYN NY 11215 ------------------------------------------------------------------------------------------------------------------------------------ 73.-2-5 �r ✓4ACHTER JACK K WF 925 GLENN RD 473839 - - - SOUTHOLD NY 11971 ----------------_ / ____________ -- ------ ----7------------ ---- -------- --- - ----- --- - - 8:2-7 l A F IINC 1 DORCHESTER DRIVE CA�.vE i/s�LE _.. tRUTTONTO'dN NY 11545 -------------------- 78.-2-3 i ✓OUINN R09ERT 3 WF 17 JAMAICA .AVE _ ------_-P----- - NY ------------------- Xz! SEE SEC NO 070 THE NITIII lo.'s I.zAt. i, SLEEPY HOLL TOWN S OF OUTHOLD L.AEd 35 PIIK 79.9 A(,I 17 I.o.EJ .1e.a. �„ ,z a� a,. .,;. GLENN wr.B .` ] .• o _ /: GLENN .3 A NO BIT 13 r1 1JA(<JI A. 3o k. "o SEE SEC NO BIB tv BAY VI RD. o 5.2 61 7- s. 's T VON, 10. 2JACI 1.2 4 43. 2.3AfeJ 12.11 -MATCM ZE —L.i;Er-- SEE!EC I"E L.—I 01-11— V Legend KEYY1Q COUNTY OF'SUFFOLK SOUTH R Li— F- Real Prop ty Tax SorWiC6 c 'KDHAEL BAKER,JR. c' i J�a I.Y 1 • :1 r. A - . � � ►,, / � .�� ,► III 1 . tw BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the.Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER i 1 YOU ARE HEREBY GIVEN NOTICE: 1.Tfi I 3L11 is tfie intention of the undersigned to petition tfie Board of Appeals of the Town of Southold to request a (Variance) (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des-. cribed as follows: 3.That the pro erty which is the subject of s ch Petition is located in the following zoning district: -go , o .r .4 That by such Petition, the undersigned will request the following relief: UIA L Go Ct42CL� ®. 0 t 1AW 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article M7,d Section_Lob - �d 19 °,� p 3 XX 1(/ /©O -��� j ] Section 280-A, New York Town Law for approval of access over rights)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. Dated:_aT Petitioner Owners ' Names • ,�.���u k� _:.:...,_... Post Office Add ess 4-1 Tel . No. 336,,5' [Copy of sketch or plan showing proposal to be attache;.`"for,`-'c.o' ve.nie�nce purposes . ] - .._.. . . PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS i 1 i . l STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) C°,#eM/nJE�U�/J.11S7`T� C�Til�fl��l�AI E . residing at Akfic,46RE, // 96 JC, being duly sworn, deposes and says that on the _ day of FAA,0ur4 ✓ Big 4? ponent mailed a true copy of the Notice set forth on the re- verse side hereoff directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessmen roll of the Town of Southold;that said.Notices were mailed at the United States Post Of- fice at S6iyr,46 A), that said Notices were mailed to each of said persons by (certified) (registered) m'il. Sworn to before me this ' o� day of 19 4/ Notary Public LINDA J.COOPER Notary Public,State of New York No.4822569,Suffolk County Term Expires December 31,19��"J (.This side does not have to be completed on form transmitted to adjoining property owners . )