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HomeMy WebLinkAbout3889 1 f Our Southold To wn hoard of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLDf L.I., N.Y. 11971 of ! TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3889 Matter of TIMOTHY AND GEORGE .WELLS. Variance to the zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations, (Article I, Section 106-20) , for approval of insufficient are in this pending division of land. Property Location: Southold Harbor Road, Southold, County Tax Map No. 1000, Section 075, Block 07 , Lot 1.3 , WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the application of TIMOTHY AND GEORGE WELLS, under Appeal No. 3889; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally view 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. The premises in question is located along the west side of South Harbor Road, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 075, Block 07, Lots 1. 3, 1. 4, 1. 5. 2 . This is an application for Variances from the Zoning Code Article III A, Bulk and Parking Regulations Section 100-30 A. 3, Article I, Section 106-2:0, for approval of insufficient area in this pending division of land. Page 2 - Appl. No. 3889 , Matter of TIMOTHY AND GEORGE WELLS Decision rendered January 9, 1990 3 . Article III A, Section 100-30 A.3, no building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such regulations were set forth herein in full. 4. In considering this application, the Board finds and determines: (a) that there is no other method for appellants to pursue; and sub-dividing the proposed division of land in any other area will require other variance relief; (b) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (c) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance as applied. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Variance in the matter of the application of TIMOTHY AND GEORGE WELLS as applied under Appeal No. 3889. Vote of the board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio (Absent Serge Doyen and Joseph Sawicki) . This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY THE SOUTI.1OLD TOWN CLERK DATE t�J �� HOUR Town Clerk, Town of Southold 7 Southold Town Board ofAppeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.1., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. JOSEPH H.SAWICKI JAMES DINIZIO,JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on TUESDAY, DECEMBER 19, 1989, at the following times: 7: 30 p.m. Appl. No. 3870 - MATTHEW CUSUMANO. Variance to the Zoning Ordinance, Article XXIII, Section 100-239d, (Article ILIA, Section 100-30 A.3) as disapproved, for permission to construct a deck and other additions, proposed construction will be less than 75 ft. from water or wetlands and will have insufficient front and rear yard setbacks. Property Location: 435 Briarwood Lane, Cutchogue, County Tax Map No. 1000,' Section 136, Block 01, Lot 01. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 7 :35 p.m. Appl. No. 3868 - NICHOLAS NICKOLAUS. Variance to the Zoning Ordinance, Article XXI2I, Section 100-239d A, as disapproved, for permission to construct addition to existing one family dwelling and accessory building, proposed construction is less than 100 ft. from bluff of Sound in this R-80 Zone District. Property Location: 17555 Soundview Avenue, Southold, County Tax Map No. 1000 , Section 51, Block 1, Lot 2. 7 : 40 p.m. Appl. No. 3881 - WARREN AUGENTHALER. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct accessory building in frontyard area. Property Location: 7225 Nassau Point Road, Cutchogue, County Tax Map No. 1000, Section 111, Block 15, Lot 12. 7 : 45 p.m. Appl. No. 3893 - MICHAEL AND CLAIRE GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article' XXVIII, Section 100-281 B, construct a one family dwelling) . Property Location: 61339 Main Road, Southold, County Tax Map No. 1000, Section 56, Block 1, Lot 41. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 7: 50 p.m. Appl. No. 3873 —VINKO NALETILIC. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3 , for permission to construct. a deck addition, construction exceeds permitted lot coverage of this R-40 Zone District. Property Location: 7. 80 Orchard Street and 1300-2nd Street, New Suffolk, County Tax Map No. 1000, Section 117, Block 7, Lot 22. 7 : 55 p.m. Appl. No. 3879 - CHARLES MALONE. Variance to the Zoning Ordinance, Article XXIII, Section 100-230C (1) , 100-231 A. , for permission to construct a 6 ft. fence in. frontyard area, fence exceeds 4 ft. in height. Property Location: 358 North Sea Drive, Southold, County Tax Map No. 1000, Section 54, Block 5, Lot 19. 8: 00 p.m. Appl. No. 3886 - ROBERT STAPLES. Variance to the zoning Ordinance, Article XXIII, Section 100-239d (C) , for permission to construct a new dwelling adjacent to freshwater wetlands in this R-40 Zone district, proposed dwelling will be closer than 75 ft. from freshwater wetland. Property Location: 785 Wilmarth Avenue, Greenport, County Tax Map No. 1000, Section 41, Block 1, Lot 7. l Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:05 p.m. Appl. No. 3894 - JOSEPH AND LAWRENCE PEARLSTEIN. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, for permission to construct. deck addition with insufficient front yard setback. Property Location 2225 North Sea Drive, Southold, County Tax map No. 1000, Section 54, Block 04, Lot 23 . 8:10 p.m. Appl. No. 3892 - ANTHONY BOLLETINO. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to construct an accessory shed and gazebo in front yard area. Property Location: 16705 Main Road, Route 25, East Marion, County Tax Map No. 1000, Section 23, Block 1, Lot 14.6. 8: 15 p.m. Appl. No. 3888 - ERNEST TARMIN. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to -construct Accessories; pool, tennis court and shed in front yard area. Property Location: 29823 Row off Main Road, Orient, County Tax Map No. 1000, Section 14, Block 2, Lot 1.10. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:20 p.m. Appl. No. 3887 - MARK AND ELLIE GORDON. Variance to the Zoning Ordinance, Article III, Section 100-33 , for permission to construct a tennis court in frontyard area. Property Location: 1019 Private Road #7 Fords Road, Southold, County Tax Map No. 1000, Section 87 , Block 1, Lot 18. 4. 8: 25 p.m. Appl. No. 3891 - ELIZABETH JOHNSTON. Variance to the Zoning Ordinance, Article III, Section 100-32 . 4 (A) , for permission to construct a lap pool, accessory pools not permitted in frontyard area. Property Location: Row off Oregon Road, Cutchogue, County Tax Map No. 1000, Section 073, Block 02, Lot 01, 8: 30 p.m. Appl. No. 3884 - DICKINSON/THOMPSON. Variance to the Zoning Ordinance, Article I, Section 106-20, (Article III, -Section 100-32) , for approval of insufficient area in this pending division of land and Bulk and Parking regulations. Property Location: Main Bayview Road, Southold, County Tax Map No. 1000, Section 078, BlockT9, Lot 30. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 r 8:35 p.m. Appl. No. 3889 -��TIMOTHY AND GEORGE WELLS. ance to the Zoning Ordinance, Article III A, Section 100-30 A.3, Bulk and Parking Regulations, (Article I, Section 106-20) , for approval of insufficient area in this pp pending division of LTax Property Location: South Harbor Road Southold Count I P Y Y p No. 1000 , Section 075, Block 07 , Lot 1.3, 1. 4, 1.5. 8: 40 p.m. Appl. No. 3890 - WALTER GLASSER. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission for change. of use from Place of Worship to Office/Apartment. Property Location: 475 Beckwith Avenue, Southold, County Tax Map No. 1000, Section 061, Block 1, Lot 25. 8: 45 p.m. Appl. No. 3882 - BIDWELL WINERIES. Special Exception to the Zoning Ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the Winery. Property Location: Route 48, Cutchogue, County Tax Map No'. 1000, Section 96, Block 4, Lot 4. 3 . ti :'aye 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of December 19, 1989 8:50 p.m. Appl. No. 3896 -- JERRY GAMBONE AND KES ZAPKUS. Special Exception to the Zoning Ordinance, Article IX, Section 100-91, for permission to have Office/Retail business on first floor and residential rental apartment on second floor. Property Location: 55415 Main Road Southold, County Tax Map No. 1000, Section 62, Block 1, Lot 12. 8: 55 p.m. Appl. No. 3872 - COMPASS TRANSPORTS. Resolution to conclude hearing in its entirety. 9:00 p.m. Appl. No. 3770 - PORT OF EGYPT. Proposed motion of the Board to re-open said hearing closed on November 8, 1989. 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 time allotted. Additional. time for your presentation will be available, if needed. For more information, Please call 765-1809. Dated December 4, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL Date . . . . . .�O. . . . . . . .. 19M. . To . !.39. .�: . .5 . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . . . . . . . , . , . . ., for permit to S<-�5�,.:.►�-.4w . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property . . . . . .. 7..4. , , , � House No. Street Hamlet County Tax Map No. 1000 Section . . . . 1 S . . . . . Block . . .0 3. . . . . . . . Lot 1:3 . y. .�•.S Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapprloved on the following grounds . iA. .A. . v��� 1 e-o 3o A.3 ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 - - . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BuildingoInspector. . . . . RV 1/80 TOWN OF SOUTHOLD, NEW --JC CEIVED 6 APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 3 OCT a6 1969 Sept. 19, 1989 DATEn .............................. S.,th(10111 l NG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. (We) ..... ..........of ..............9..— 13..Glen.Street............... .. .... Name of Appellant Street and Number .................................. ..................................... ....New..Y.ark...... Municipality . State (SEE- ANNEXED RIDER) HEREBY APPEALS TO THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT to subdivide.. DATED July 7, 1989 . WHEREBY THE BUILDING INSPECTOR DENIED TO TILE ABOVE NAMED APPrELI ANTS ................................................................................. Nome of Applicant for permit of .................................................................................................................................. Street and Number _ _ Municipality State (X ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY „A-C;„Agricultural-Conservation.. Street /Hamlet / Use District on Zoning Map District 1000 Sectiom 075Block 07Lots /1.3, 1.4 & 1.5 .................................................. ...... ...........Current Owner See annexed rider Mop No. Lot No. prior Owner George Jewett Wells 2. PROVISION - 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 IIIA Section 10030 A.3 ? TVD` .. I -4- 1_-C-e... th f /nl Ye�rn L.....1. n.....--4-1— 1., .. ./. 1 . CJi 1. IlL f"pZn! i� 'J r"i..1 iV0 \PJ i'C Y�V. 'a 11C:\.fi �i i+F/i Vtl1 VV Aj ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (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 mode in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance If is requested to permit existing lot #1.3 to remain which hasan area of 64,788 square feet rather than the 80,000 square feet required by Article III A Section 10030 A.3 of the zoning ordinance. Form zsl (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulttas or`unneces. sary HARDSHIP because without the requested. relief lot 1.3 cannot,be.used for a single family residence, the primary permitted use in the A-C, ,Agricultural Con- servation District in which the lot is situated. George Jewett Wells, the prior owner of all three lots, wishing to benefit Hallockville, Inc. , a charitable organization, and to preserve the land as open space for the benefit of the people of Southold, donated lot 1.5, which is a 22.516 acre lot, to Hallockville, Inc. by deed dated December 15, 1986. Thereafter, Hallockville, Inc. by Indenture dated October 2, 1987 recorded in Liber 10442 page 182 conveyed the development rights to lot 1.5 to the Town of Southold. After his conveyance, Mr. Wells retained ownership to lots 1.3 and. 1.4. Lot 1.4, a lot of 202,552 square feet, complies with the zoning ordinance restrictions. Lot 1.3 complies with all zoning ordinance restrictions except that for minimum lot size. No application for subdivision approval was made at the time of the conveyance to Hallockville, Inc. However, on July 7, 1989 the applicants herein applied to the Planning Board for such approval. 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 not all properties in the immediate vicinity and in this use district have less than the required lot size of 80,000 square feet. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the 64,788 square foot parcel provides for an, area which is some 81% of that required. Moreover, the neighboring parcel to the west which- is owned by Hallockville, Inc. .is open farm land which cannot be sub- divided or developed without the prior approval of the Town of Southold. As such, the reduced area will not have an adverse effect on Hallockville's parcel. Also, since lot 1.5 will remain open and undeveloped, the neighboring properties to the north will enjoy exactly the same light, air and open space as if a portion of said lot were added to lot 1.3. - NORSTAR TRUST COMPANY, as Co-Executor of the Estate of George Jewett Wells By rothy I,- vell, Trust Officer William-Howell Wells, as Co-Executor of the Estate of George Jewett Wells:. Timothy We)As _ ; - By Verity Br' � -',..��:-� ,�' TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET VILLAGE DIST. SUB. LOT FORMER OW ER N E S tN TYPE OF BUILDING RES. SEAS. VL. FARM COMM. LAND IMP. TOTAL DATE REMARKS C [ ) �� d� dr..� aeof-, �s s , - FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL MOEN ONEM , ■■■■■■■■N■NIN��driiii i■N■ 4 ■■NNN■N■■EN1�■0® N■NN■ ■■N■NN ONE i■iN■��7i ■■ . .. L ; , ■■� N■■■a �N■■■i�■■ i■ ®■■ ONE NMEN MENEM ■N■■N■■N■ ■■N NNN■N■■N■■�NN� ■�■ ■■NN■■■■■iiNNN■R�i : .. ■■NN■aN■N■�EE�r■ii■i■iNNN■Niei�■ ■�NN■■N NEWSMEN ■■■■■i■N■N■■ ■■ ■NNNiNNNNNNNNi■■ ■Nq •' ®�Ext. Walls - • " 'Fire Place -. - Driveway s TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT `F-� ;� ,c:,1.`[....�f-� Ca I`;�- r' •F , f � �r�.�f1 �-? C� FORMER OWNER N E /� ACR- S W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value I 'y LAND IMP. TOTAL DATE REMARKS n, (1 /7 - I 'T 7 to 71- /3 -5-6,0 vZ S�r J C. J tf" ~.;';f•' I /' �_;,�e�': •�, c'7 f�:? C) ��/.'�- -_, � ►t�'�/��- �_. �GZ�-'-� �,'��� —�.�`_l �•:=. ,�,�- �--1�t ((mac�- ✓�i�- ,�N:- �f: AGE BUILDING CONDITION NEW NORMAL BELOW ABOVI FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowl.and DEPTH House Plot .� z v v e-) BULKHEAD Total `�:S_�• � DOCK 3QC7� _ -1- _ �-� _ f , TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET VILLAGE DIST. SUB. LOT FORMER OWNER N ( E ACR_ S 3 W TYP(E OF BUILDING RES. SEAS. VL. / �j/ FARM 4� COMM. LAND IMP. TOTAL DATE REMARKS G: Yc Y .�. a. Z 2 v d stu' � k ,-� .c_ FRONTAGE ON WATER TILLABLE '` -' FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL �c a So uthold Town Board of Appeals O^ MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y'. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. Febraury 14, 1990 Payne, Wood & Littlejohn 3 School Street Glencove, NY 11542 Re: Appl. No. 3889 - Timothy and George Wells (Variance) . Dear Mr. Colgrove: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Building Department and all other involved agencies for proper permits as may be necessary before commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Doreen Ferwerda Enclosure Copy q�f Decision to: ✓Building Inspectors' Office �Ur � = T Southold Town Board of Appeels MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I.,'N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. r TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your 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 times allotted in the attached Legal Notice. Please feel free tcq call our office prior to the hearing date if you have questions or wish to update. your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN dff •;1 42�d- MOORE & MOORE Attorneys at Law Clause Commons Suite 3 Mattituck, New York 11952 Tel: (516) 298-5674 Fax: (516) 298-5664 William D. Moore Margaret Rutkowski Patricia C. Moore Secretary December 19, 1989 Mr. Gerard Goehringer, Chairman Southold Town Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 BY HAND Re: Appeal of Timothy and George Wells Dear Gerry: I am writing to you on behalf of Christopher Miceli, the owner of Suffolk County Tax Map parcel number 1000-75-7-1.005 (the same piece of property on which the "development rights" had been sold to the Town of Southold by the former owners, Hallockville, Inc. My secretary spoke with Mr. Miceli this morning and he will be sending a letter to our office which we will forward to you indicating his willingness to support and consent to the above referenced variance application. As I am sure you will hear this evening from attorney Peter Colgrove, the facts and circumstances which necessitate this application for a variance are truly unique. As we researched the Town's records in preparation for the purchase of the property owned by Hallockville to Mr. Miceli, our office discovered that the property which everyone assumed had been subdivided into four parcels with Town approval had, in fact, been subdivided into only 2 parcels. However, a review of the Planning Board's files reveals that the approved subdivision map has a series of lines drawn on it that make it appear that the map consists of 4 lots. Mr. Wells conveyed property to Hallockville without benefit of subdivision. The town then acquired the development rights to the property conveyed to Hallockville. Mr. Miceli is now the fee owner of the farmland which is part of the farmland preservation program. It appears that everyone believed that the sale of the development rights, in effect, effected a subdivision of the farmland property into a separate parcel. The Suffolk County tax map assigns a separate tax map number to each of the 4 supposed separate properties. This further added to the confusion. Separate individuals now own the 4 parcels which are the subject of the minor subdivision and which include the undersized parcel which is the subject of this application. We believe that no precedent will be set by approving the undersized lot which abuts the 22 acre farm which cannot be developed as no increase in population density can result from such approval. Nor is it possible to increase the undersized lot by reducing the acreage dedicated to the farmland preservation program without overly cumbersome steps which include the Southold Town Board. In any event, nothing is gained by reducing the property already within the farmland program as reduced density has been accomplished with the sale of the development rights. This truly is a unique set of circumstances which constitute a practical difficulty justifying the granting of the requested variance. If there is any additional information which we can provide to the Board, please do not hesitate to request it and it will be provided. Thank you in advance for your consideration of this matter. Very truly yours, )illiam UDMoore WDM/mr cc: Christopher Miceli Peter Colgrove, Esq. 0 z � cn Town Hall, 53095 Main Road O P.O. Box 1179 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM TO: Gerard Goehringher, Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr. , Chairman Planning Board DATE: December 18, 1989 RE; Application No. 3889 Timothy and George Wells SCTM # 1000=075-07-1.3 and 1®4 In response to your request for. input, the Planning Board has reviewed the above-referenced file. The application before your board is part of a subdivision application before the Planning Board. The estate of George Jewett Wells, wishes to subdivide the deceased' s property in accordance with. his will. . The larger portion of the 28.653 acre parcel has been deeded to Hallockville, Inc. The .development rights to this . 22.5 acre piece 'of land have been sold to the Town of. Southold. The remaining lots, #1 and #2, were deeded out to private landowners. It so happens that Timothy Wells who was deeded Lot # 1 also owns the adjacent parcel immediately to the north. As a consequence there has heen. a merger of the lots. The substance of Timothy Wells' request is that he. should be allowed to keep the two lots separate,- so as to be able to sell one lot and build on the other. The Board does not have a problem with this request, provided the variance is granted with specific reference 'to the unique circumstances of this application. To wit: the "out parcel", which is owned by Pettit, was created by- the Planning Board in 1984 as a set-off. This 80,000 square foot parcel lies between Lot # 1 and Lot #2. 1ts presence and location prevents the more equitable subdivision of the land so as to make Timothy Wells' lot 80;000 square feet. Also, the development rights to the land to the rear of Timothy Wells' lot have already been sold to the Town, thereby eliminating the possibility of redrawing that lot .line to create an .80,000 square foot lot. Enclosed please find other correspondence that explains some of the background. If there are further questions, please do not hesitate to contact Planning staff. i� 017 121 BELLEVUE AVENUE MONTCLAIR, NEW JERSEY 07043 November 2 , 1989 Mr. Bennett Orlowski ,Chairman Southold Town Planning Board Town Hall Southold, N .Y. 11971 Re: The Howell Farm South Harbor Road Southold Dear Mr. Orlowski: On May 28 , 1988 the Town of Southold honored George Wells for his gift to the town which made possible the purchase of land, known as "Silversmith's Corner" , for a village green. George Wells died on July 18 , 1988. As of the above date , the Southold Town Planning Board has refused to meet for the purpose of approving the subdivision of the Howell Farm which bolonged to George Wells . The Pknning Board had already approved a division of this property with the purchase of two(2) of its acres. . . by Robert Pettit over two years ago. Of the remaining acreage, twenty-two(22) acres were given by George Wells to the Hallockville Farm Restoration, prior to his death. j�he Town of Southold purchased from Hallockville the development rights to that part of the property. The remaining acreage involves 4.6 acres under, the farmhouse and its outbuildings ,now up for sale,and approximately 1.4 acres given to Timothy Wells under George Wells' will. The rlanning Hoard asked for a new survey of the property with which they have been prsented, but no action has been taken regarding the approval of its subdivision. Because of this lack of action, the estate of O'eorge Wells remains in "limbo" . The sale of the farmhouse cannot be achieved without clear title - dependent on the approval of the rlanning Board. The same is true for Hallockville as WEll as Timothy Wells in their disposition of their property. What the Planning Board may not be aware of is that the sale of the Howell Farm eventually benefits institutions in the Town of 6outhold, including the Southold Public Library; the 6 outhold Historical 6ociety; The Nature Conservancy of the North -cork; and The 'astern Long Island Hospital, as they .are residual legatees under 1�ir. Wells' will. 6o , the approval of the subdivision is vital for their benefit as well. 121 BELLEVUE AVENUE MONTCLAIR. NEW JERSEY 07043 As his brother, and co-executor of the George yells• estate, 1 have been informed that the Southold down rlanning Hoard has postponed any action on this matter until the spring of 1990. This makes it impossible to go ahead with carrying out the provisions of his will. 1 cannot understand in view of all that George Wells , and his family, have done over many yearsfor Southold why the rlanning Hoard lacks the understanding of the immediacy bf this matter and continues to refuse its cooperation. It seems to me that the only proper attitude of the rlanning Hoard would be to. hold a special meeting to approve the subdivion of the entire Howell Farm property so that the terms of the will of George Wells may be carried out without further delay. I would appreciate the kindness of your reply. Respectfully, William Howell yells Go-executor, the estate of George Wells fff LAW OFFICES OF PAYNE, WOOD & LITTLEJOHN ' 139 GLEN STREET SQU-tifi,:_ 3, ' VICTOR C. McCUAIG, JR. GLEN COVE, N. Y. 11542 ��..l;buWlN?'F}'HENtDBlGJSSA�L •PHILIP C. KILIAN (516) 676-0700 JAMES A. E15ENMAN WARREN I. TITUS, JR. OF COUNSEL DAREN A. RATHKOPF 23 VILLAGE SQUARE 4CHARLES G. MILLS *BEVERLY J. BELL JAMES M. MARRIN STEPHEN P. CONLON GLEN COVE, N. Y. 11542 COUNSEL ALAN C. POLACEK (516) 676-3662 _ FAx(516)676-3915 PETER B. COLGROVE *JANET GANIO •J A. IS December 12 1988 JED ED C. ALBEET BERT / •BARBARA-ANNE ROBERTO 'SAT 23 VILLAGE SQUARE Mr. Timothy B. Wells F-6 375 North Drive North Plainfield, New Jersey 07060 Re: Estate of George Jewett Wells u South Harbor Road Southold, New York Dear Mr. Wells: We write as attorneys for the Estate of George Jewett __Wells. At the time of his death, Mr. Wells owned the two parcels on South Harbor Road which are outlined in orange on the enclosed map. He also owned in common with you the parcel adjoining to the north and outlined in blue. As you probably are aware, Mr. Wells' two parcels were at one time part of a larger 30 acre parcel. In 1984, Mr. Wells ZuC�� obtained approval from the Southold Planning Board to set off a // 80,000 sq. ft. parcel, which parcel was then conveyed to Robert fl��t�S�ty Halsey Pettit. Thereafter on December 15, 1986, Mr. Wells conveyed a 22 acre parcel (outlined in green on the enclosed map) to Hallockville, Inc. , who subsequently sold the 1 development rights to this parcel to the Town of Southold. It has now come to our attention that Mr. Wells' conveyance to Hallockville, Inc. , was made without the approval of the Southold Planning Board and as such Mr. Wells two parcels, of /vt which you now own one, as well as the Hallockville parcel are log ,/ not legal. Furthermore, since your parcel is less than. the zoning ordinance' s required 80,000 sq. ft. , it has merged together with the parcel you owned in common with Mr. Wells to create one parcel which is of legal size. I spoke to the Southold Town Attorney last week and he advised me that to legalize these parcels it will be necessary for a subdivision application to be filed with the Southold Planning Board requesting approval to subdivide the property into three parcels, one consisting of approximately 4 . 5 acres l L.AW OFFICES OF PAYNE, WOOD & LITTLEJOHN which is owned by the Estate, one consisting of some 22 acres which is owned by Hallockville, Inc. and the other being your merged parcel consisting of some 2 acres. We have contacted Roderick Van Tuyl, P.C. to do the surveying work and will prepare the necessary subdivision application papers. Because you and Hallockville, Inc. own part of the property which is the subject of this application, we will need both of you to join in the application. Please give me a call at your earliest convenience so that we may discuss this application more fully. Very truly yours, Peter B. Colgrove PBC:sm cc Robert D. Pike, Esq. ....•.,:'. ' MATCH LIE N 30— N 4,200 LINE_ _ --��---- ._.-o- —.z .•, FOR PARCE. NO. SEE SEC. NO. 069-06-993 g lk 6 ye,, •st �N �0 W 1 T.6 A(c) 'I o• PG� 0 20 41 b 8 J 1� ypi ee 9 spd b o i o, 00 5i•:. ::;ri!'`_:`:,;, w.o j .. - e- t �•• a \� el ,ao r 4 5 � •` `' \2 P`6� -" o N' ��\S o,`�e� goo .. a7?.� ..�3 e.� _ - ��i• �ENP o• tl�� y�o Vt oG`~ to• � a" � p e�, use ` e�0 �. 4 • r �e O ±:. OV too ?• Z% a pl°� ,..,, .j�i�{�f/C['�• •.:.�.._._ y°9 \g g te�ep ,.. 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Box 1179 Southold, New York 11971 TELEPHONE (516)7 65-19 38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 1989 William Howell Wells 121 Bellevue Avenue Montclair, New Jersey 07043 RE: Proposed Subdivision for the Estate of George Wells The Howell Farm South Harbor Road SCTM*1000-75-7-1.3 ,1.4,1.5 Dear Mr. Wells: The Planning Board has reviewed your letter requesting that the Board hold a special meeting to approve the above mentioned subdivision. It is the Planning Board's understanding that an application has been made to the Zoning Board of Appeals for a variance for Lot 1. Lot 1 is 64,788 square feet in area rather than the 80,000 square feet in area as required. Planning staff has received verbal notification that this application is to be scheduled for the December Zoning Board of Appeals meeting_ Until a determination is made by the Zoning Board of Appeals, the Planning Board cannot grant any approvals on the subdivision. The Planning Board will proceed with the subdivision review upon receipt of a decision from the Zoning Board of Appeals_ Please contact this office if you have any-further questions. fiery trul Y. your ,' Y ► I , r-a Bennett Orlowski, Jr. - Chairman CC: Peter B. Colgrove, Attorney for applicant Gerard Goehringer, Chairman Zoning Board of Appeals Francis J. Murphy, Supervisor a 121 BELLEVUE AVENUE MONTCLAIR, NEW JERSEY 07043 November 2, 1989 Mr. Bennett Orlowski,Chairman Southold Town Planning Board Town Hall Southold, N.Y. 11971 Re: The Howell Farm South Harbor Road Southold Dear Mr. Orlowski: _ On May 28 , 1988 the Town of Southold honored George Wells for his gift to the town which made possible the purchase of land, known as "Silversmith's Corner" , for a village green. George Wells died on July 18, 1988. As of the above date, the Southold Town Planning Board has refused to meet for the purpose of approving the subdivision of the Howell Farm which belonged to George Wells. The Pknning Board had already approved a division of this property with the purchase of two(2) of its acres. - : by Robert Pettit over two years ago. Of the remaining acreage, twenty-twok22) acres were given by George Wells to the Hallockville Farm Restoration, prior to his death, The Town of Southold purchased from Hallockville the development rights , to that part of the property. The remaining acreage involves 4.6 acres under the farmhouse and its outbuildings,now up for sale,and approximately 1.4 acres given to Timothy Wells under George Wells, will. The rlanning Loard asked for a new survey of the property with which they have been prsented, but no action has been taken regardXing the approval of its subdivision. Because of this lack of action, the estate of George YVells remains in "limbo" . The sale of the farmhouse cannot be achieved without clear title - dependent on the approval of the rlanning 4bard. ,-Vhe same is true for Hallockville as Well - as �l'imothy viells in their disposition of their property. What the Planning Board may'nbt be aware of is that the sale of the Howell Farm eventually benefits institutions in the 2own of 6outhold, including the Southold Public Library; the ':outhold riistorical 'society; The Nature Conservancy of the Forth r�ork; and 1'he 'astern Long -Lsland Hospital, as they .are residual legatees under i�1r, yells ' will. ao , the approval of the subdivision is vital for their benefit as well. 121 BELLEVUE AVENUE MONTCLAIR. NEW JERSEY 07043 As his brother, and co-executor of the Creorge yells' estate, 1 have been informed that the Southold 'own rlanning Hoard has postponed any action on this matter until the spring of 1990. This makes it impossible to go ahead with carrying out the provisions of his will. 1 cannot understand in view of all that Ueorge .4ells , and his family, have done over many yearsfor Southold why the rlanning Hoard lacks the understandi: of the immediacy bf this matter and continues to refuse its cooperation. It seems to me that the only proper attitude of the rlanning Hoard would be to,.-hold a special meeting to approve the subdivion of the entire Howell Farm property so that the terms of the will of Ueorge Wells may be carried out without further delay. I would appreciate the kindness of your reply. Respectfully, William Howell wells Go-executor, the estate of (leorge vyells 5 � Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX NO. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. INTERDEPARTMENTAL MEMORANDUM TO: Southold Town Planning Board Chairman and Members Valerie Scopaz, Town Planner FROM: Board of Appeals DATE: November 30, 1989 SUBJECT: Pending Subdivisions Attached is a list of several subdivision projects which we understand have been, or presently under review by your office. Since we have, as of recent date, received applications concerning same,it is urged that if you wish to provide recommendations or comments concerning those elements affecting your jurisdiction, that you do so on or before December 18, 1989, and transmit a copy of your comments to the applicant or his attorney at the same time in order to keep coordination up-to-date. If we do not receive your comments by December 18, 1989, we will assume that you have no objections . to the general lot-line layout as submitted and accordingly proceed. Thank you for your cooperation in this coordination. , df Appl. No. 3884 - DICKINSON/THOMPSON. Variance to the Zoning Ordinance, Article I , Section 106-20 (Article III, Section 100-32) for approval of insufficient area in this pending division of land. Appl. No. 3889 - TIMOTHY AND GEORGE WELLS. the Zoning Ordinance, Article III A, Section 100-30 A. 3, (Article I, Section 106-20) insufficient area in this pending division of land. Appl. No. 3893 - CLAIRE AND MICHAEL GLEW. Variance to the Zoning Ordinance, 280-A Approval of Access of Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwelling) . �I LAW OFFICES OF THREE SCHOOL STREET PAYNE, WOOD & LITTLEJOHN 139 GLEN STREET (516) 676-0700 (516)676-3662 THREE SCHOOL STREET FAX (516)676-0823 FAX (516)676-3915 — GLEN COVE, NEW YORK 11542 — VICTOR C.McCUAIG,JR. PHILIP C. KILIAN _ BEVERLY J. BELL 139 GLEN STREET WARREN I. TITUS, JR. STEPHEN P. CONLON GLEN COVE, NEW YORK 11542 DAREN A. RATHKOPF ALAN C. POLACEK - .. - ... ... a.,..... JAMES A. EISENMAN EDWIN F.HENDRICKSON .. OF COUNSEL OF COUNSEL - CHARLES G. MILLS JAMES M. MARRIN �; r t; COUNSEL COUNSEL - l - JOHN A. DEBELLIS JED C. ALBERT PETER B. COLGROVE JANET GANIO . ._................�1.__...,._.._._.- .._-._,..__,_,_. October 12, 1989 Southold Planning Board Town of Southold . Main Road - State Road 25 Southold, New York 11971 Attention: Ms. Valerie Scopaz Town Planner Re: Application of Estate of George Jewett Wells, Timothy Wells and Hallockville, Inc. South Harbor Road, Southold, N.Y. District 1000, Section 075 Block 07, Lots 1. 3, 1. 4 and 1.5 Dear Ms. Scopaz: In connection with the above application I enclose herewith an updated radius search of the abutting land owners. Very truly yours, �6.V. al,— Peter B. Colgrove PBC:vw Encl. RADIUS SEARCH OF ABUTTING LAND OWNERS District 1000 Section 75 Block 3 Lot 3 William J. Smith P.O. Box BC Stony Brook, New York 11790 Lot 15 Timothy B. Wells F-6 375 North Drive North Plainfield, New Jersey 07060 Block 4 ti Lot 7 Frank & Mary Nawrocki South Harbor Road Southold, New York 11971 Lot 8 Frank Buonaiuto 1315 South Harbor Road Southold, New York 11971 Lot 22 George A. Stepnoski South Harbor Road Southold, New York 11971 Lot 23 Madelyn Baker Box 25 Southold, New York 11971 Lot 24 Audrey A. Conradi 2305 South Harbor Road Southold, New York 11971 Block 6 Lot 11 Frederick Lappe & Steven Lappe 2290 South Harbor Road Southold, New York 11971 Christopher Lappe 5520 Oak Street Cutchogue, New York 11935 Block 7 Lot 1. 2 Robert Halsey Pettit P.O. Box 78 Southold, New York 11971 Lot 2 Frederick & Elsie Lappe 2290 South Harbor Road Southold, New York 11971 LAW OFFICES OF THREE SCHOOL STREET PAY N E, WOOD & L I TT L EJ O H N 139 GLEN STREET (516)676-0700 THREE SCHOOL STREET (516) 676-3662 FAX (516) 676-0823 FAX (516) 676-3915 - GLEN COVE, NEW YORK 11542 — VICTOR C.McCUAIG,JR. PHILIP C. KILIAN BEVERLY J. BELL 139 GLEN STREET WARREN I. TITUS, JR. STEPHEN P. CONLON GLEN COVE, NEW YORK 11542 DAREN A. RATHKOPF ALAN C. POLACEK - JAMES A. EISENMAN EDWIN F.HENDRICKSON OF COUNSEL OF COUNSEL - CHARLES G. MILLS JAMES M. MARRIN COUNSEL COUNSEL - JOHN A. DEBELLIS JED C. ALBERT PETER B. COLGROVE JANE7 GANIO October 12, 1989 f'14 '2 I Town Clerk Town of Southold Main Road - State Road 25 Southold, New York 11971 Attention: Ms. Mary Ann Cybulski Re: Application of Estate of George Jewett Wells, Timothy Wells and Hallockville, Inc. South Harbor Road, Southold, N.Y. District 1000, Section 075 Block 07, Lots 1.3, 1. 4 and 1. 5 Dear Ms. Cybulski: Pursuant to our conversation, I enclose herewith the completed notice to adjoining property owner Robert Halsey Pettit, together with attached postmarked certified mail receipt. Very truly yours, Peter B. Colgrove PBC:vw Encl. ��c�VFFO(��Oli o y z � T Southold Town Board of Appeals' MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I.,'N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN December 1 9 ; 1989 CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TYPE II ACTION DECLARATION Appeal No. 3889 Project/Applicants: Timothy .and, George Wells County Tax Map No. 1000- 75-7=1 . 3 ,. 1 . 4 and 1 . 5 Location of Project: South Harbor Road , Southold , NY Relief Requested/Jurisdiction Before This Board in this Project: Approval of insufficient area in this pending division of land 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 .23'3* . For further information, . please contact the Office of the Board of Appeals,' Town Hall, Main Road, Southold, NY 11971 at � . . ( 516) 765-1809. me 1 41 2 Dickinson and. Thompson, appeal number 3884? 3 Anybody that would like to speak against it? 4 Hearing no further comments, I make a motion 5 closing the Hearing reserving the decision until 6 later. 7 MR. SAWICKI : Second. 8 MR. GOEHRINGER: All in favor? 9 THE BOARD: Aye. 10 MR. GOEHRINGER: The next appeal is 11 3889 in behalf of Timothy and George Wells. 12 Is Mr. Wells here? 13 MR. CALLGROVE: No. I 'm here on behalf of 14 the Wells. 15 MR. GOEHRINGER: The legal Notice reads as 16 follows: 17 "On application the applicants , 3889, 18 variance to the Zoning Ordinance, Article III A, 19 Section 100-30 A. 3 , bulk and parking regulations , 20 for approval of insufficient area in this 21 pending division of land. Property location is 22 South Harbor Road, Southold. County Tax Map 23 No. 1000-075-07-1 . 3 , 1. 4 , 1 . 5 . " 24 I have a copy of the survey produced by 25 Roderick VanTuyl, P. C. , most recent date is RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727.3168 1 42 ,.•: 2 April 28 , 1989 . It appears to be a three lot 3 subdivision, lot number one is 64 ,788 square feet, 4 lot number two is 202 , 552 square feet, lot number 5 three is 22 . 516 acres. The application before us,. 6 of course, is the undersized lot which is lot 7 number one. I have a copy of a Suffolk County Tax 8 Map indicating this and surrounding properties 9 in the area. I have a letter from the Southold 10 Town Planning Board indicating this particular 11 property. Would you like to be heard, .sir? 12 MR. CALLGROVE: Thank you. My name is 13 Peter Callgrove and I 'm with the law firm Paine, C• 14 Wood & LittleJohn. We' re the attorneys for 15 Timothy Wells and the Estate of George Wells. 16 Also here tonight is Dorothy Tobell, she is the 17 trust officer with NorStar Trust Company, one of 18 the Executors of the Estate of George Wells. 19 As you know, this variance application is made 20 in conjunction with the applications of the 21 Planning Board for a three lot subdivision and 22 the prperty is located on the western side of 23 South• Harbor Road. We did submit a Tax Map and 24 I made some copies here just to orientate the 25 Board there so you can get an idea of the three RAM Court Reporting Service 216 Court St.,Riverhead, N.Y.,(516)727-3168 Y 1 43 2 lots here, which are the subject of the � 3 application. 4 MR. GOEHRINGER: Could I just ask you a 5 quick question, sir? 6 MR. CALLGROVE: Yes. 7 MR. GOEHRINGER: Did the lot which is 8 indicated in the white here as 1. 2, was that ever 9 the nature of this Estate? 10 MR. CALLGROVE: Yes. 11 MR. GOEHRINGER: You' re going to address 12 that? 13 MR. CALLGROVE: Yes. Parcel one, the 14 parcel up in the northeast corner, is owned by 15 Timothy Wells which is 64, 788 square feet. Parcel 16 two is 202,522 square feet and that' s owned by 17 the Estate of George Wells. And parcel three 18 which encompasses 22 . 56 acres is now owned by 19 Christopher Zelby. Hallockville, Inc. ; is no 20 longer the owner of that. The history of this 21 property is that George Wells owned the entire 22 parcel at one time, it encompasses about 30 23 acres including this out parcel here. And in 1984 24 he received approval from the Planning Board for 25 a setoff application at which point this lot was RAM Court Reporting Service 216 Court St.,Riverhead, N.Y.,(516)727-3168 1 44 y 2 setoff and the property, after approval, was 3 secured. Thereafter it was sold to Robert Pettit. 4 An interesting point of the record there for 5 the application of the setoff is that apparently 6 the first map, I 've never seen it before, but it' s 7 in the Planning Board record, this lot was moved 8 up a little further so that the frontage for this 9 area here was only 166 feet and the Planning Board 10 said to preserve this as a building lot you 11 should make it 175 feet, so they moved it down 12 so that created the 175 foot frontage there. So 13 this lot was conveyed to Robert Pettit in 1984. 14 And in December of 86 , George Wells made a gift 15 of this parcel here, the 22 acre parcel, parcel 16 three, to Hallockville. It was a gift. And the 17 problem here was that no Planning Board approval 18 was secured. Whether there was a mix up or 19 whether he thought the setup was for the whole 20 subdivision, an application for the property 21 into four lots, it' s unclear. We don' t know what 22 happened. We do know that Hallockville then 23 conveyed the development rights for this parcel 24 to the Town of Southold. And our thoughts are 25 since the negotiating process was going on, and I RAM Court Reporting Service 216 Court st.,Riverhead, N.Y.,(516)7273168 1 45 2 talked to Bob Pike who was the attorney for 3 Hallockville, he told me that the intent was that 4 the gift would be to Hallockville with the 5 understanding that Hallockville would then sell 6 the development rights to the Town. So there 7 was never really any intent that this would be 8 developed. But again, it was without Planning 9 Board approval. And by deeding this property out 10 to Hallockville it created these two lots . And 11 this lot is fine, it' s over 200 , 000 square feet. 12 But the problem is that this lot here is 13 substandard, it does not meet the requirement of 14 the 80 , 000 square foot Zoning District. 15 MR. GOEHRINGER: Did the Town then take 16 the development rights to this particular piece, 17 of property? 18 MR. CALLGROVE: Yes, they have. 19 MR. GOEHRINGER: Okay. They have them? 20 MR. CALLGROVE: Yes. So, the relief sought 21 tonight is for a variance to allow this undersized 22 lot so that we can continue with the Planning 23 Board 'and hopefully get that subdivision approval 24 right now. The impracticality here of getting 25 that land for this lot is that one of the RAM Court Reporting Service 216 Court St.,Riverhead, N.Y.,(516)727.3168 • 1 46 2 conditions in the deed from Hallockville to the 3 Town for the development rights is this lot can 4 never be subdivided again, so it' s in the deed 5 and I think you would need a Town Referendum to 6 approve that to get a subdivision. And even if 7 that was approved, it would be impractical 8 because the line would then come out a 100 feet 9 or so and Mr. Macille is a farmer and so his 10 rows of corn or whatever he was going to plant 11 would go up like this and that and that would cut 12 into his planting property. And the idea, those 13 are impracticalities of curing that, because 14 this is going to be held as farm land, the intent 15 of the Ordinance is to keep open space and two 16 acre Zoning and not have over density and light 17 and noise protecting the neighbors to the north 18 and so forth would be protected because again 19 they' ll be no building back here. So the 20 Ordinance is not being followed unfortunately 21 but the spirit of it really is because you know 22 that' s not going to result in any greater density. 23 And the net effect of all this is that there will 24 be one other house, it' s one other house in the 25 total 28 acres. And the Board requests that a RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (5i6)727.3168 • 1 47 2 variance be granted for this undersized lot. . � 3 MR. GOEHRINGER: Thank you, sir. We 4 appreciate it. We' ll see what else develops 5 throughout the Hearing. 6 MR. CALLGROVE: Thank you. 7 MR. GOEHRINGER: Does that sufficiently 8 answer your question? 9 MR. DINIZIO: Only one thing. Lot number 10 one, the one that' s the subject of this, is 11 that the lot that has a house on it right now? 12 MR. CALLGROVE: No. That' s the lot here. 13 Robert Pettit. That lot is vacant right now. C 14 MR. DINIZIO: Robert Pettit is building a 15 new house. 16 MR. CALLGROVE: Is he? I know there' s one 17 here. (Indicating. ) 18 MR. DINIZIO: Because when I went down 19 there and I drove down there today, I saw that 20 there' s a new house and a new foundation on a lot 21 that I thought was his. 22 MR. CALLGROVE: I think there is a lot 23 up here. (I-ndicating. ) I know the Town used to 24 own a lot up here on the Tax Map, you can see it 25 up there, it says the Town of Southold. Mr. Wells RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727-3168 . 1 48 2 told me that was being built on. Whether that' s 3 correct, I 'm not sure. 4 MR. DINIZIO: But there ' s no house on 5 that particular small lot? 6 MR. CALLGROVE: No. This is vacant. 7 That' s the proposed house that is required by 8 the subdivision application. There ' s a house 9 here and the old homestead here has the old barn 10 and so forth. 11 MR. GOEHRINGER: Who owns the old 12 homestead? 13 MR. CALLGROVE: The Estate owns that and 14 they' re looking as part of the Estate, they want 15 to close the Estate and they would like to sell it. 16 They' re negotiating now with a buyer. 17 MR. GOEHRINGER: Okay. 18 MR. CALLGROVE: And it' s all held up now 19 because we ' re trying to cure something that was 20 done improperly a couple of years ago. 21 MR. GOEHRINGER: Thank you very much. 22 Is there anybody else who would like to speak in 23 favor 'of this application? 24 MS . BAKER: I 'm Madeline Baker and I 'm a 25 neighbor of this property and I received a notice RAM Court Reporting Service 216 Court St.,Riverhead, N.Y., (516)727.3168 . 1 49 2 from the Board about the setoff and I have no 3 objection at all to this because there are other 4 properties in the area of the same size or smaller 5 and I don' t think it would be a detriment to the 6 neighborhood. Incidentally, the house that you 7 were talking about that is being built there is 8 affordable housing. 9 MR. GOEHRINGER: On that lot that would be 10 indicated as Southold Town, I assume? 11 MS. BAKER: Yes. Well, Southold Town had 12 bought a lot north of this property and that was t 13 affordable housing that is being put on that small 14 house that you saw, the new one. 15 MR. DINIZIO: I just thought it was rather 16 odd that they were asking for something and they 17 were building a house on it already. 18 MS . BAKER: No. That is one of the 19 affordable housings of Southold Town. 20 MR. GOEHRINGER: Thank you very much, 21 his. Baker for coming here. Mr. Pettit? 22 MR. PETTIT: My name is Robert Pettit, I 23 own the property adjacent to the property in 24 question. I just want to say that I have no 25 objection to this at all. RAM Court Reporting Service 216 Court St-,Riverhead, N.Y., (516)727.3168 - 1 50 2 T MR. GOEHRINGER: Thank you very much. 3 Anybody else that would like to speak in favor? 4 Anybody that would like to speak against? 5 Hearing no further comments, I make a motion 6 closing the Hearing reserving decision until 7 later. 8 MR. SAWICKI : Second. 9 MR. GOEHRINGER: All in favor? 10 THE BOARD: Aye. 11 MR. GOEHRINGER: Thank you very much for 12 coming in. 13 The next appeal is in behalf of Walter 14 Glasser, it is appeal number 3890 . The legal PP g 15 Notice reads as follows : 16 "Upon application the applicant 3890 , 17 special exception to the Zoning Ordinance, 18 Article IX, Section 100-91 , for permission for 19 change of use from place of worship to office/ 20 apartment. Property location is 475 Beckwith 21 Avenue, Southold. County Tax Map No. 22 1000-061-01-25 . " 23 I have a copy of the survey, most recent 24 date, Roderick VanTuyl, P. C. , is June 30 , 1989 , 25 indicating the former Grange Hall and subsequent RAM Court Reporting Service 23E6 Court St-,Riverhead, N.Y., (516)727-3168 7:5 n. Appl. No. 3873- VINI ALETILIC.Variance to the Zoning Ordinance,Arti- cle III A,Section 100-30 A.3,for area. Property Location: 1019 8:55 p.m. Appl. No. 3872- NOTICE OF HEARINGS permission to construct a deck Private Road #7 Fords Road, COMPASS TRANSPORTS. NOTICE IS . HEREBY addition, construction exceeds. Southold,County Tax Map No: Resolution to conclude hearing GIVEN, pursuant to Section permitted lot coverage of this. 1000, Section 87, Block 1, Lot 267 of the Town Law and the R-40 Zone District. Pro ert . 18.4. in its entirety. p Y Code of the Town of Southold, Location: 780 Orchard Street 8:25 p.m. Appl. No. 3891= 8:55 p.m. Appl. No. 3770- PORT OF EGYPT. Proposed the following hearings will be and 1300-2nd Street, New Suf- ELIZABETH JOHNSTON. y" motion of the Board to reopen .held by the SOUTHOLD folk,County Tax Map No. 1000, Variance to the Zoning Ordi- said hearing closed t Novem- ber TOWN BOARD OF APPEALS Section 117, Block 7, Lot 22. nance, Article III, Section said 8, 1989. at a Regular Meeting, at the 7:55 p.m. Appl. No. 3879- 100-32.4(A), for permission to The Board of Appeals will at Southold Town Hall, Main CHARLES MALONE. construct a lap pool, accessory said time and place hear any and Road, Southold, NY 11971, on Variance to the Zoning Ordi- pools not permitted in frontyard all persons or representatives de- TUESDAY, DECEMBER 19, nance, Article XXIII, Section area. Property Location: Row siring to be heard in each of the 1989, at the following times: 100-230C (1), 100-231 A., for off Oregon Road, Cutchogue, above matters. Written com- 7:30 p.m. Appl. No. 3870- permission to construct a 6 ft. County Tax Map No. 1000,Sec- ments may also be submitted MATTHEW CUSUMANO. fence in frontyard area,fence ex-, tion 073, Block 02, Lot 01. prior to the conclusion of the Variance to the ZoningOrdi- ceeds 4 ft. in height. Property, 8:30 p.m. Appl. No. 3884- gsubject hearing. Each hearing nance, Article XXIII, Section Location:358 North Sea Drive, DICKINSON/THOMPSON. will not start before time allot- 100-239d,(Article IIIA,Section Southold,County Tax Map No. Variance to the Zoning Ordi- ted. Additional time for your 100-30 A.3)as disapproved,for 1000, Section 54, Block 5, Lot nance,Article I,Section 106-20, presentation will be available,if permission to construct a deck 19. (Article III,Section 100-32),for needed. For and other additions, proposed- 8:00 p.m. Appl. No. 3886 more information, approval of insufficient area in. please call more 0 in construction will be less than 75 ROBERT STAPLES. Variance this pending division of land Dated December 1989. 9. ft. from water or wetlands and to the Zoning Ordinance,Arti- and Bulk and Parking regula- BY ORDER OF THE will have insufficient front and cle XXIII C)�Section 100-239d tions.Property Location:Main ( SOUTHOLD TOWN BOARD rear yard setbacks. Property for permission to construct a Bayview Road,Southold,Coun- OF APPEALS Location:435 Briarwood Lane, new dwelling adjacent to fresh- ty Tax Map No. 1000, Section GERARDI P. GOEH APPEALS Cutchogue, County Tax Map INGER water wetlands in this R-40 Zone 078, Block 09, Lot 30. CHAIRMAN No. 1000,Section 136 Block 01 district '8:35 p.m. Appl. No. 3889= , proposed dwelling will TIMOTHY AND GEORGE BY Doreen Ferwerda Lot 01. be closer than 75 ft.from fresh- 1X, 12/7/89 (10) 7:35 p.m. Appl. No. 3868= water wetland. Property Loca-_0 WELLS.Variance to the Zoning• NICHOLAS NICKOLAUS. tion: 785 Wilmarth Avenue, Ordinance, Article III A, Sec- Variance to the Zoning Ordi- Greenport, County Tax Map tion 100-30 A.3,Bulk and Park nance, Article XXIII, Section No. 1000, Section 41, Block 1, ing Regulations,(Article I.Se 100-239d A,as disapproved,for Lot 7. tion 106-20),for approval of i - ermission to construct addition 8:05 sufficient area in this pending p p.m. Appl. No. 3894E to existing one family dwelling JOSEPH AND LAWRENCE division of land.Property Loca- and accessory building,propos- PEARLSTEIN.Variance to the tion: South Harbor Road, ed construction is less than 100 Zoning Ordinance, Article Southold,County Tax Map No. ft. from bluff of Sound in this .XXIV, Section 100-244B, for 1000,Section 075,Block 07,Lot _ R-80 Zone District. Property permission to construct deck 1.3, 1.4, 1.5. Location: 17555 Soundview addition with insufficient front 8:40 p.m. Appl. No. 3890-• Avenue, Southold, County Tax yard setback.Property Location WALTER GLASSER. Special- Map No. 1000,Section 51,Block 2225 North Sea Drive,Southold, Exception to the Zoning Ordi 1, Lot 2. County Tax Map No. 1000,Sec- nance, Article IX, Section' 7:40 p.m. Appl. No. 3881- tion 54, Block 04, Lot 23. 100-91, for permission for WARREN AUGENTHALER. 8:10 p.m. Appl. No. 3892- change of use from Place of Variance to the Zoning Ordi-' ANTHONY BOLLETINO. Worship to Office/Apartment.. nance, Article III, Section. Variance to the Zoning Ordi- Property Location: 475 Beck-• 100-33, for permission to con-. nance, Article III, Section with Avenue, Southold, Coun, struct accessory building in•,7o 100-33, for permission to con- ty Tax Map No. 1000, Section frontyard area. Property Loca- struct an accessory shed and 061, Block 1, Lot 25. tion: 7225 Nassau Point Road, i gazebo in front yard area. Pro- 8:45 p.m. Appl. No. 3882= Cutchogue, County Tax Map perty Location: 16705 Main BIDWELL WINERIES.Special No. 1000,Section 111,Block 15, Road, Route 25, East Marion, Exception to the Zoning Ordi'- Lot 12. County Tax Map No. 1000,Sec- nance, Article III, Section 7:45 p.m. Appl. No. 3893- tion 23, Block 1, Lot 14.6. 100-30, for approval of con-;a MICHAEL AND CLAIRE 8:15 p.m. Appl. No. 3888- sumer tasting and retail sales GLEW.Variance to the Zoning ERNEST TARMIN.Variance to from the Winery. Property Ordinance, 280-A Approval of the Zoning Ordinance, Article Location: Route 48,Cutchogue, Access Right-of-Way, (Article IIl,Section 100-33, for permis- County Tax Map No. 1000,Sec- XXVIII, Section 100-281 B, sion to construct Accessories; tion 96, Block 4, Lot 4.3. construct a one family dwell- pool, tennis court and shed in 8:50 p.m. Appl. No. 3896- ing). Property Location: 61339 j front yard area.Property Loca- JERRY GAMBONE AND KES Main Road, Southold, County i tion:29823 Row off Main Road, ZAPKUS.Special Exception to Tax Map No. 1000, Section 56, Orient, County Tax Map No. the Zoning ordinance, Article Block 1, Lot 41. 1 1000, Section 14, Block 2, Lot IX, Section 100-91, for permis- 1.10. sion to have Office/Retail 8:20 p.m. Appl. No. 3887= business on first floor and resi- MARK AND ELLIE GORE dential rental apartment on sec- DON. Variance to the Zoning, and floor. Property Location: Ordinance, Article III, Section. 55415 Main Road, Southold, 100-33, for permission to con- County Tax Map No. 1000,Sec- struct a tennis court in frontyard tion 62, Block 1, Lot 12. 7:45 p.m. Appl. No. 3893 - gazebo in front yard area. Property 8:40 p.m. Appl. No. 3890 - 11,llrru a lil,AND CLAIRE GLEW. Location: 16705 Ma--'-ad,Route WALTER GLASSER. Special Ex- �r Va to the Zoning Ordinance, 25,East Marion,Ce Tax Map ception to the Zoning Ordinance,Ar- 28L ____?proval of Access Right-of- No. 1000,Section 2_.__Eck 1,Lot ticle IX,Section 100-9 1,for permis- Way,(Article XXVIII,Section 100- 14.6. Sion for change of use from Place of 281 B, construct a one family Worship to Office/Apartment.Prop- dwelling).Property Location:61339 ERNES8:15 TA MINAppl.Varo.iance 3888 th erty Location:475 Beckwith Avenue, Main Road,Southold,County Tax Zoning TARMIN.Variance to the Southold, County Tax Map No. Map No.1000,Section 56,Block 1; Zoning Ordinance, Article III, 1000,Section 061,Block 1,Lot 25. Lot 41. ;, � Section 100-33, for permission to ..-•,.. construct Accessories; pool,tennis . 8:45 m. Appl. No. 3882 - 7:50 p.m. Appl. No. 3873 - p NOTICE OF HEARINGS VINKO NALETILIC.Variance to the Propcour and shed in front yard area. BIDWELL WINERIES.Special Ar- NOTICE IS HEREBY GIVEN, Zoning Ordinance,Article III A.Sec- Property Location: oust Row off moo,to the Zoning Ordinance,approval pursuant to Section 267 of the Town tion 100-30 A.3,for permission to Main Road,Orient,County Tax Map title III,Section tasting an,for approval P No. 1000,Section 14,Block 2,Lot of consumer tasting and retail sales Law and the Code of the Town of construct a deck.-addition, 1.10. Southold,the following hearings will construction exceeds permitted lot 8:20 m. Appl. No. 3887 - from the Winery.Property Location: be held b the SOUTHOLD TOWN coverage of this R-40 Zone District p' PP Route 48,Cutchogue, County Tax Y 8 Location:780 Orchard Street MARK AND ELLIE GORDON. Map No.1000,Section 96,Block 4, BOARD OF APPEALS at a Regular Property Variance to the Zoning Ordinance, _ Meeting,at the Southold Town H&M and 1300-2nd Street,New Sdffolk, -Article III,Section 100-33,for per- Lot 4.3. Main Road,Southold,NY 11971,on County Tax Map No. 1000,Section mission to construct a tennis court in y 8:50 P.M. Appl. No. 3896 - TUESDAY,DECEMBER 19,1989, 117,Block 7,Lot 22. fro tyard area. Property Location: JERRY GAMBONE AND KES at the following times: 7:55 p.m. Appl. No. 3879 - 1019 Private Road M7 Fords Road, ZAPKUS.Special Exception to the 7:30 p.m. Appl. No. 3870 - CHARLES MALONE:.Variance to Southold, County Tax Map No. Zoning Ordinance,Article IX,Sec- MATTHEW CUSUMANO.Variance the Zoning Ordinance.-Article XXIII, 1000,Section 87,Block 1,Lot 18.4. lion 100-91,for permission to have to the Zoning Ordinance, Article Section 100-230C (1).100-231 A., 8:25 p.m. Appl. No. 3891 - Office/Retail business on first floor XXIII.Section 100-239d, (Article for permission to construct a 6 ft. FT IZABETH JOHNSTON.Variance and residential rental apartment on IIIA,Section 100-30 A.3)as disap- fence in frontyard area,fence exceeds to the Zoning Ordinance,Article III, second floor. Property Location: proved,for permission to construct a 4 ft.in height.Property Location: Section 100-32-4(A),for permission 55415 Main Road,Southold,County deck and other additions,proposed 358 North Sea Drive, Southold, to construct a lap pool, accessory Tax Map No. 1000, Section 62. construction will be less than 75 ft. County Tax Map No. 1000,Section pools not permitted in frontyard area. Block 1,Lot 12. from water or wetlands and will have 54,Block 5,Lot 19. Property Location:Row off Oregon insufficient front and rear yard set- 8:00 p.m. Appl. No. 3886 - Road,Cutchogue,County Tax map 8:55 p.m. Appl. No. 3872 - backs.Property Location:435 Briar- ROBERT STAPLES.Variance to the No.-1000, Section 073, Block 02, COMPASS TRANSPORTS.Reso- wood Lane,Cutchogue,County Tax Zoning Ordinance, Article XXIH, Lot 01• lution to conclude hearing in its en- Map No. 1000,Section 136,Block Section 100-239d(C),for permission tirety. 01,Lot 01. to construct a new dwelling adjacent 8:30 p.m. Appl. No. 3884 - 7:35 p.m..Appl.No.3868-NI- to freshwater wetlands in this R-40 DICKINSONI THOMPSON. 8:55 p.m. Appl. No. 3770 - CHOLAS NICKOLAUS.Variance to Zone District,proposed dwelling will Variance to the Zoning Ordinance, PORT OF EGYPT.Proposed motion the Zoning Ordinance,Article XXHI, be closer than 75 ft.from freshwater. Article 1,Section 106-20,(Article III, of the Board to m-open said hearing, Section 100-239d A,as disapproved, wetland. Property Location: 785. Section 100-32), for approval of closed on November 8,1989. for permission to construct addition Wilmarth Avenue, -Greenport, insufficient area in this pending The Board of Appeals will at said to existing one family dwelling and County Tax Map No.I000,Section . division of land and Bulk and Parking time and place hear any and all per- to accessory building,proposed con-. 41,Black 1,Lot 7. . regulations.Property Location:Main sons or representatives desiring to be atmctio is less than 100 h.from 8: 1, Appl. No. 3894 - Bayview Road, Southold, County heard in each of the above matters. bluff of Sound in this R-80 Zone JOSEPH AND .L A W R E N C E Tax Map No. 1000, Section 078, Written comments may also be sub District. Property Location: 17555 PEARLSTEIN.Variance to the Zon_, Block 09,Lot 30. milted prior to the conclusion of the Soundview Avenue, Southold, ing Ordinance,Article XXIV,Section. 8:35 p.m.Appl.No.3889 IT- subject hearing. Each heating will 100-244B, for permission to con MOTHY AND GEORGE WELLS: not start before time allotted. County Tax Map No. 1000,Section Pe _"Additional time for your presentation 51,Blocl:1,Lot 2 struct deck addition with insufficient' Variance to the Zoning Ordinance, grill be available,if needed.For more 7:40•p.m. Appl. No. 3881 - front yard setback.Property Location' Article III A,Section 100-30 A.3, information,please call 765-1809. WARREN AUGENTHALER.Vari- 2225 North Sea Drive, Southold; Bulk and Parking Regulations Dated December 4.1989. ante to the Zoning Ordinance,Article County Tax Map No. 1000,Section 1.o (Article 1,Section 106-20),for a'_- a Section 100-33,for permssion to 54,Block 04,Lot 23. proval of insufficient area in this BY ORDER OF THE SOUTHOL S construct accessory building in front- 8:10 p.m. Appl. No. 3892 - pending division of land. Property. TOWN BOARD OF APPEALS yard area.Property Location: 7225 ANTHONY BOLLETINO.Variance Location: South Harbor Road, GERARD P.GOEHRINGER Nassau Point oad, Cutchogue, to the Zoning Ordinance,Article III, Southold, County Tax Map No. C AIItMAN County Tax Ma No. 1000,Section Section 100-59"for permission 1 '1000, Section 075, Block 07N Ldt ByDoree Ferwerda 111.Block 15, 12 construct an accessory shed• and 1.3, 1.4, 1.5. y 65201TD7 Patricia Heaney of Mattituck, in said County, being duly sworn,says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy,has been regularly published in said Newspaper once each week for 1 _ weeks successively, commencing on the-7th _ day of December 19$3_ Principal Clerk AZ'(K.DcGi,�PJ Sworn to b fo a me this ^i R'��' �'� ^,�:x v t4 v Yo-,k ��iVU.`t�=iJdUO davof 'C Term Expires teb 1y 9 5�(:� 1 '3 L� STATE OF NEW YORK ) ss: COUNTY OF NASSAU ) On this ILI'(L day of August 1989, before me personally came DOROTHY A. CLAVELL, to me known, who, being by me first duly sworn, did depose and say that she is an Assistant Trust Officer of NORSTAR TRUST COMPANY, the corporation described in and which executed .the foregoing instrument; that she knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she signed her name thereto by like order. ' Ieu) Oi NPETERBB,COStat Gof NO E York STATE OF ) No. 4837084 Qualified In Nassau County ss: Commission Expires Nov.30,1989 COUNTY OF On .this � 1 day of Aaguwt 1989, before me personally came WILLIAM HOWELL WELLS, to me known to be the ind' l described in- and who executed the foregoing instrument and duly acknowledg that he executed the same. VERONICA F. CIDONE NOTARY PUBLIC, State of New York No. 52.4661406 Qualified in Suffolk County Commission Expires Dec. 31, 19ln STATE OF NEW JERSEY ) i 1110 Al ) ss: COUNTY OF MGNM9l�� On this day of August 1989, before me .personally came TIMOTHY WELLS, to me known to ,be the individual described in and who ecuted the foregoing instrument and duly acknowledged that he ex ted 7thAee. r D1Awwl M. STD.���U- � NOTARY P ' '� ^" xpires Apr.25,1991� T3M MONTCLAIR SAVINGS BANE' p. 0. BOX 666 STATE OF NEW YORK ) PROVIDENCE-,, Nv ss: COUNTY OF SUFFOLI{ ) On this /��day of� 19�fore me personally came VERITY O'BRIEN, to me known, who, being by me first duly sworn, did depose and say that she is the President of HALLOCKVI LLE, INC. , the corporation described in and which executed the foregoing instrument; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and e signed her name thereto by like order. 1,3QBElt'iT'D.PIKE NOTARY pQbD iC, State of New York No. 4/2J 74 suT ollc County Co nm.sL "c -r. 3,6, 1907 D RIDER The Appellants are as follows: NORSTAR TRUST COMPANY, having an office at 9-13 Glen Street, Galen Cove, New York 11542 and WILLIAM HOWELL WELLS, residing at 121 Bellvue Avenue, Upper Montclair, New York 07043 , as co-executors of the Estate of George Jewett Wells, and TIMOTHY WELLS, residing at 375 North Drive, F-6, North Plainfield, New Jersey 07060 and HALLOCKVILLE, INC. , a charitable organization with offices at South Avenue, Northville, Post Office Box 765, Riverhead, New York 11901, Current Owners: TIMOTHY WELLS is the owner of property designated as District . 1000 Section 075 Block 07 Lot 1. 3 . ESTATE OF GEORGE JEWETT WELLS is the owner of property designated as District 1000 Section 075 Block 07 Lot 1.4. HALLOCKVILLE, INC. is the owner of property designated as District 1000 Section 075 Block 07 Lot 1.5. RIDER The Appellants are as follows: NORSTAR TRUST COMPANY, having an office at 9-13 Glen Street, Glen Cove, New York 11542 and WILLIAM HOWELL WELLS, residing at 121 Bellvue Avenue, Upper Montclair, New York 07043 , as co-executors of the Estate of George Jewett Wells, and TIMOTHY WELLS, residing at 375 North Drive, F-6, North Plainfield, New Jersey 07060 and HALLOCKVILLE, INC. , a charitable organization with offices at South Avenue, Northville, Post Office Box 765, Riverhead, New York 11901,. Current Owners: TIMOTHY WELLS is the owner of property designated as District 1000 Section 075 Block 07 Lot 1.3 . ESTATE OF GEORGE JEWETT WELLS is the owner of property designated as District 1000 Section 075 Block 07 Lot 1.4. HALLOCKVILLE, INC. is the owner of . property designated as District 1000 Section' 075 Block 07 Lot 1.5. NAME AND 00 &[I[f1P 0 _ Indicate type of mail Check appropriate block for ADDRESS Cr011ll ❑ Registered Affix stamp here If Issued as OF SENDER Se�(o�s at Law ❑ Insured Registered Mail: certificate of mailing or for Three SCh001 El COD ❑ With Postal Insurance additional copies of this bill. Street Certified ❑ Ex ress Mail ❑ Without Postal Insurance POSTMARK AND DATE OF RECEIPT Line Number of - er aludgAddressee,Street,and Post-Office gddreaa Article Postage Fee Handling Act.Value Insured Due Sender R. R. S. D. S. H. Rest. Del. Fee C Charge (If Regis.) Value If C.O.D. Fee Fee Fee Remarks 20 1 (n - 90-�(� S �o Q� Qk Se �� �. iJ �� ryA 2 PSG q- a I- pop as12 so. R J,,.��� � �� • �� 9� a 3 PL ci '7r�a.ol.s,2c�, w 1 - 90 as- 6 A C���h� 9D- 67 Vo.�L, �.d�.- �1. Q' CI r _ 7�Wd �S •aJ 90 w 9 10 �] 11 - o - 12 13 i co 14 15 Total Number of Places Total Number of Pieces r Listed by Sender POSTMASTER,PER (Name ojreceiving employee) The full declaration Of value is required on all domestic and international registered mail. Received at Post Office The maximum indemnity payable or nonnegotiable documents under Express Mail docu- ment reconstruction insurance is $50,000 per piece subject to a limit of $500,000 per occurrence. The maximum indemnity payable on Express Mail merchandise insurance is $500. The maximum indemnity payable is $25,000 for Registered Mail $400 for COD and 400 for Insured Mail. Special handling charges apply only to Third- and Fourth-Class parcels.Special delivery service also includes special handling service. FORM MUST BE COMPL ED BY TYPEWRITER,INK OR BALL POINT PEN �U.S. GOVERNMENT PRINTING OFFICE: 1983-396-29/ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NORSTAR TRUST COMPANY* NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a EED (Special Exception) (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: west side of South Harbor Road, Southold, New York and known and designated as District 1000, Section 075, Block 07, Lots 1.3, 1.4, 1.5 on the Suffolk County Land and Tax Map 3. That the property which is the subject of such Petition is located in the following zoning district: A-C; Argicultural Conservation District 4. That by such Petition, the undersigned will request the following relief: Permission to allow an existing lot to remain which has an area of 64,788 square feet rather than the 80,000 square feet required. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article IIIA Section 10030 A-3 [ ] Section 280-A, New York Town Law for approval of access over right(s)-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 Travel er-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: September 1989 Pe, cr— Petitioner Esta of )George Jdwett Wells, Owners ' Names •Timothy Wells & Hallockville, Inc. Post Office Address c/o Payne,--M0d--F1tttteJohn Three School Street, Glen Cove, New York Attention: Peter B. Colgrove, Esq. Tel . No . ( 516 ) 676=0700 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] * Norstar Trust Company and William Howell Wells, as Co-executors of the Estate of George Jewett Wells, and Timothy Wells and Hallockville;. Inc..: PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS William J. Smith P.O. Box BC Stony Brook, New York 11790 Timothy B. Wells F-6 375 North Drive North Plainfield, New Jersey 07060 Frank & Mary Nawrocki South Harbor Road 2 Southold, New York 11971 Frank Buonaivto 1315 South Harbor Road Southold, New York ,11971 George A. Stepnoski South Harbor Road Southold, New York 11791 Madelyn Baker Box 25 Southold, New York 11891 Audrey A. Conradi 2305 South Harbor Road Southold, New York 11791 Frederick Lappe & 2290 South Harbor Road Steven tappe & ` Southold, New York 11791 Elsie Lappe Christopher Lappe 5520 Oak Street Cutchogue, New York 11935 STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK ) Theresa Lirinemeyer residing at. 31 Orchard Street Glen Head, New Yorkbeing duly sworn,.deposes and says that on.the ,��� day of October 119 89 , deponent mailed a. true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Glen Cove, New York 11542 ; that said Notices were mailed to each of said persons by (certified) (registered:),'mail. Sworn to fore me this da of , 19 t Notary Public EUZABETH A.CARMODY NOTARY PUBUC,State of New York No.4866220 Miffed In Nassau County Temm Expires April 7,1990 (This side does not have' to be completed on form transmitted to adjoining property owners . ) LAW OFFICES OF THREE SCHOOL STREET PAY N E, WOOD & L I TT L E J O H N 139 GLEN STREET (516) 676-0700 THREE SCHOOL STREET (516) 676-3662 FAX (516)676-0893 FAX (516) 676-3915 — GLEN COVE, NEW YORK 11542 — VICTOR C.McCUAIG,JR. PHILIP C. KILIAN BEVERLY J. BELL 139 GLEN STREET WARREN I. TITUS, JR. STEPHEN P. CONLON GLEN COVE, NEW YORK 11542 DAREN A. RATHKOPF ALAN C. POLACEK — JAMES A. EISENMAN EDWIN F.HENDRICKSON OF COUNSEL OF COUNSEL — CHARLES G. MILLS JAMES M. MARRIN COUNSEL COUNSEL —_ JOHN A. DEBELLIS JED C. ALBERT PETER B. COLGROVE October 5, 1989 JANET GANIO Southold Town Board of Appeals Main Road - State Road 25 Southold, New York 11971 Re: Application of Estate of George Jewett Wells, Timothy Wells & Hallockville, Inc. South Harbor Road, Southold, N.Y. District 1000, Section 075 Block 07, Lots 1. 3, 1. 4 & 1.5 Gentlemen: In connection with the above, I enclose herewith the following: 1. An original and two copies of the Application. 2. Completed Notice to Adjoining Property Owners Form, together with attached postmarked certified mail receipt. 3 . Short Environmental Assessment Form. 4. Zoning Board of Appeals Questionnaire, together with copy of contract between Hallockville, Inc. and Christopher Miceli. 5. Disclosure Affidavit of Hallockville, Inc. 6. Copy of Notice of Disapproval from the Building Inspector. 7 . Four copies of survey of the premises prepared by Roderick Van Tuyl, P.C. , dated April 28, 1989. LAW OFFICES OF PAYNE, WOOD & LITTLEJOHN Southold Town Board .of Appeals Page - 2 - 8. Copies of the following deeds: a) Deed from George Jewett Wells to Hallockville, Inc. dated December 15, 1986 recorded. February 10, 1987 in Liber 10245, page 586. b) Deed from the Estate of Lillian M. Howell to George Jewett Wells a/k/a George Wells dated January 25, 1972 recorded February 7, 1972 in Liber 7107 page 464 and on April 12, 1974 in Liber 7620 page, 226. c) Deed from the Estate of George J. Wells to Timothy Wells dated June 22, 1989. 9. Certificate of Occupancy #Z1293i dated October 24, 1984 for tax lot 1. 5. 10. Chain of title of the premises back to November 22, 1958. 11. Payne, Wood & Littlejohn check in the amount of $150 to cover filing fees. Please advise the undersigned as soon as a hearing dated has been set. Thank you for your attention to this matter. Very truly yours, Peter B. Colgrove PBC:vw Encl. cc: Dorothy A. Clavell William Howell Wells Timothy B. Wells Robert D. Pike, Esq. .14.1&412I1171—Text 12 r ' x 'PROJECT I.D.NUMBER 617.21 SEO R Appendix C State Environmental Ouality Review SHORT ENVIRONMENTAL ASSESSMENT FORM r For UNLISTED ACTIONS Only PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT Estate of George Jewett Wells 27PROJECT NAME Estate of- George J. We-Lis at Timoth Wells & Hallockville Inc. Southdld, Town of Southold, New York S. PROJECT LOCATION: Municipality Town of Southold county Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,ate.,or provide map) The project location is on the westerly side of 'South Harbor Road, 1,248.26 feet south of Main Road, Southold, New York S. IS PROPOSED ACTION: IN New ❑Expanslon ❑Modification/alteration 8. DESCRIBE PROJECT BRIEFLY: The Applicant seeks pe=ssion to subdivide a 28.653. acre parcel into three parcels. Parcel 1 as shown on the subdivision map is 64,.788 sq.. ft. rather than the 80,000 sq. ft. required by Article III A Section 10030.='AS of the zoning ordinance. 7. AMOUNT OF LAND AFFECTED: Initially 28.653 acres Ultimately 28.653 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes ®No It No,describe briefly The Applicant will need a variance_ for Parcel l as it is less than the 80,000 sq. ft. required by Article III A Seetion 10030 A.3 of the zond:rig ordinance. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? r ®Residential ❑Industrial .0 Commercial ®Agriculture ❑ParklForesVOpen space ❑Other Describe. The subject property is surrounded by farms. To its north along South Harbor Road are approximately 13 single family dwellings. 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL. STATE OR LOCAL)? ®Yes ❑No 11 yes,list agency(s)and permitlapprovals Subdivision approval will be needed from the Town of Southold Planning Board and the Suffolk County Health Department. 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? • ❑Yes ®No It yes,list agency name and permit./approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑Yes LJ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Estate of George Jewett Wells, _ Applicant! name: y Timoth Wells and Hallockville, Inc. Dale: o`A fr ��r 1989 Signature: By. P ER - . COLGROVE, Attorney for Applicant It the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER S. (Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made Ly this L)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 project may be sig- nificant and completed Environmental Assessment Form is 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 X NO 2. Will there be a major change to any unique or X unusual land form on the site? Yes No 3. Will project alter or have a large effect on X an existing body of water? Yes No 4. Will project have a potentially large impact on X groundwater quality? _Yes No 5. Will project significantly effect drainage flow on adjacent sites? _Yes X No 6. Will project affect any threatened or endangered X plant or animal species? _Yes No 7. Will project result in a major adverse effect on air quality? _Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas X known to be important to the community? Yes No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical. envircnmental area by a local agency? Yes X No 10. Will project have a major effect on existing or X future recreational opportunities? Yes No 11. Will project result in major traffic problems or cause a major effect to existing transportation X systems? _Yes No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- X ance as a result of the project's operation? _Yes No 13. Will project have any impact on public health X or safety? _Yes No 14. Will project affect the existing communi:ty:by directly causing a growth in permanent' popula- X tion of more than 5 percent over a one-year Yes No period or have a major negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the X project? ` _Yes Yo Preparer's Signature: Y(�[� % AAkK&, &b ' F] rur- p � Representing:Estate of George Jewett Wells, nate:$u� , 1989 2BA 1/75 Timothy Wells & Hallockville, Inc. al ,°t. , . - QUESTIO.7NAIRE TO BE COMPLETED AND SUBDITTTED WETII YOUR APPLICATION FOX4S TO ` 11E BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch) , to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes No 2.a)Are there ,any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes No b)Are there any areas open to a waterway without bulkhead? Yes No 3. Are there existing structures at or below ground level, such as patios , foundations, etc? Yes No 4. Are there any existing or proposed fences, cancrete barriers , decks, etc? Yes No 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. Yes No 6. If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total:. . . .unknown ft. Yes NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Yes No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Yes No State Permit # and Nature: 9 . Do state whether or not applications are. pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board Preliminary Subdivision Application es No Town Board Yes No Town Trustees Yes No County Health Department To be filed Yes No Village of Greenport Yes No N.Y.S.D.E.C. Yes No Other Yes No 10. Is premises pending a sale or conveyance? If yes , please submit copy of names or purchasers and conditions of sale. (from contract) 11. Is .new construction proposed in the area of contours at 5 feet or less as exists? Yes No 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have . you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes No 13. Please list present use or operations conducted upon the subject property at this time farm, single family residence & vacant and proposed farm, two single f y rest encies Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance by the Board of Appeals in considering my application. Signature wropLerty Ow her) Muthori2e A4ent) 1/88 WETLANDS [Amended 8-26-76 by L.L. No. '2-197G; 3-26- - 85 by L.L. No. G-IJ,45): r A. TIDAL WETLANDS: (1) All lands generally cover•c!cl 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 anti upon which grows or may grow some or any of the following: salt flay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel. marshmalluw 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. FRESIiWATER 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 sl"freshwater wet- land,"as defined in Subsection B(1)a lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." a ( 9705 2-25-85 v. NY BTU Form 8041 (Rem -- -CONTRACT OF'SALE, WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event of fire or casualty loss before the title closing. Unless different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply.One part of that law makes a purchaser responsible for fire and casualty loss upon taking of title to or possession of the premises, DATE: CONTRACT OF SALE made as of the day of , 19 89 BETWEEN PARTIES: Hallockville, Inc. , a New York Not-for Profit Corporation Address: Sound Avenue, Riverhead, * New York hereinafter called "SELLER",who agrees to sell; and Christopher Miceli >r, Address: 95 Mayflower Avenue, Willingston Park, New. York 11596 hereinafter called "PURCHASER" who agrees to buy the property, including all buildings and improvements thereon(the "PREMISES"),more fully described on a separate page marked "Schedule A,"and also known as: PREMISES: Street Address: South Harbor Road, Southold, New York Tax Map Designation: 1000-075.00-07. 00-001. 001 Together with SELLER'S interest, if any,in streets and unpaid awards as set forth in Paragraph 9. PERSONAL PROPERTY: unless specifically excluded below. SELLER states that they are paid for and owned by SELLS ar of any lien other than the EXISTING MORTGAGE(S). They include but are not limit ng, eating, lighting and cooking fixtures, bathroom and kitchen cabinets, mantels, door ian blinds, shades, screens, awnings, storm windows, window boxes, storm doors, mail b r vanes, flagpoles,pumps,shrubbery, fencing,outdoor statuary, tool sheds, dishwashers, w Ines, clothes dryers, garbage disposal units, ranges, refrigerators, freezers, air conditioning VACANT LAND PURCHASE 1. (a) The purchase price is $ 18 2 0 0 0. 00 PRICE: Payable as follows: On the signing of this contract,by check subject to collection: $ 18 , 200. 00 By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ ,By a Purchase Money Note and Mortgage from PURCHASER(or assigns)to SELLER: S BALANCE AT CLOSING: - S163, 800. 00 (b) it this sale is MORTOA6E, tire PU11.1134C blar.ey Nete and Nfeitzage oil! sise pretid-F ON 0 will remain subject to the prior lien of any EXISTING MORTGAGE even though the EXISTING MORTGAG ended or modified in good faith,The Purchase Money Note and Mortgage shall be drawn on the standard fo ew York Board of Title Underwriters by the attorney for SELLER. PURCHASER shall pay the mortgage 1ng tax,recording fees and the attorney's fee in the amount of$ for its preparation. (c) If any required payments are made on an EXISTING MO between now and CLOSING which reduce the unpaid principal amount of an EXISTING MORTGA w the amount shown in paragraph 2, then the balance of the price payable at CLOSING will be adjusted. agrees that the amount shown in Paragraph 2 is reasonably correct and that only payments required by t NG MORTGAGE will be made. (d) If the mortgage escrow account that is maintained for the purpose of paying taxes or insurance, etc. SELLER sh it to PURCHASER,if it can be assigned. In that event PURCHASER shall pay the amount in the escrow account EXISTING "as u MORTGAGE(S): Mortgage now in the unpaid principal amount of'$ and interes ate of per cent per year, presently payable in installments of S is include principal,interest, and with kny balance of principal being due a le on SELLER a es that no EXISTING MORTGAGE contains any provision that permits the holder of the mortgage to' itc immediate payment in full or to change any othet term themot-by mason-ef the feet of C-E195ING ACCEPTABLE 3. All money payable under this contract unless otherwise specified,shall be either: FUNDS: a. Cash,but not over one thousand(31,000.00)Dollars, b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company, or savings and loan association having a banking office in the State of New York, payable to the order of SELLER, or to the order of PURCHASER-an"uly-endorsed by PURCHASER-f if an individual)to-the-order-of SELLER-W-the presem:T-6f SELLER 6 SELLER'S attorney. c. Money other than the purchase price,payable to SELLER at CLOSING,may be by check of PURCHASER up to the amount of Five Hundred ------------------------ (S500 . 00 )dollars,or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. "SUBJECTTO" 4. The PREMISES are to be transferred subject to: PROVISIONS: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES,provided that they are not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of any structures on,under or above any streets on which the PREMISES abut. c. Encroachments of stoops,areas, cellar steps,trim and cornices,if any,upon any street or highway. SEE RIDER ATTACHED HERETO AND MADE A PART HEREOF. TITLE 5. SELLER shall give and PURCHASER shall accept such title as any reputable title company COMPANY Oa huSIPt,SgI� Suffo7dN CO ntl� , a member of The APPROVAL: ew o Boar o �tle n erwrtters w e wiling approve and insure in accordance with their standard form of title policy;subject only to the matters provided for in this contract. CLOSING 6. "CLOSING" means the settlement of the obligations of SELLER and PURCHASER to each other under this contract, DEFINED including the payment of the purchase price to SELLER, and the delivery to PURCHASER of a Bargain & Sa: AND /Covenants against Graldi 40pj%04tatutory form for recording so as to transfer full ownership (fee FORM OF simple title) to the PREMISES, free of all encumbrances except as herein stated. The deed will contain a covenant by DEED: SELLER as required by Section 13 of the Lien Law. If SELLER is a corporation, it will deliver to PURCHASER at the time .of CLOSING (a) a resolution of its Board of Directors authorizing the sale and delivery of the deed,and (b) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to ?.-ol establish compliance with that section. CLOSING 7. CLOSING will take place at the office of See Rider Attached hereto and made a part DATE AND hereof PLACE: at o'clock on 19 BROKER: 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than Hahn Realty and SELLER agrees to pay the broker the commission earned thereby(pursuant to separate agreement). STREETS 9. This sale includes all of SELLER'S ownership and rights, if any, in any land lying in the bed of any street or highway, AND opened or proposed,in front of or adjoining the PREMISES to the center line thereof. It also includes any right of SELLER ASSIGN- to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reason of MENT OF change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or UNPAID thereafter,on demand,any documents which PURCHASER may require to collect the award and damages. AWARDS: MORTGAGEE'S 10. SELLER agrees to deliver to PURCHASER at CLOSING a certificate dated not more than thirty (30) days before CERTIFICATE CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording, certifying the amount of the OR LETTER AS unpaid principal and interest, date of maturity,and rate of interest. TO EXISTING SELLER shall pay the fees for recording such certificate. If the holder of a mortgage is a bank or other institution as MORTGAGE(S): defined in Section 274-a, Real Property Law,it may,instead of the certificate, furnish an unqualified letter dated not more than thirty (30) days before CLOSING containing the same information. SELLER hereby states that any EXISTING MORTGAGE will not be in default at the time of CLOSING. COMPLIANCE 11.a. SELLER will comply with all notes or notices of violations of law or municipal ordinances, orders or requirements WITH STATE noted in or issued by any governmental department having authority as to lands, housing, buildings, fire,health and labor AND conditions affecting the PREMISES at the date hereof. The PREMISES shall be transferred free of them at CLOSING and MUNICIPAL this provision shall survive CLOSING. SELLER shall furnish PURCHASER with any authorizations necessary to make the DEPARTMENT searches that could disclose these matters. VIOLATIONS AND ORDERS: OMIT IF THE PROPERTY IS NOT IN THE CITY OF NEW YORK: INSTALLMENT 12. If at the time of CLOSING the PREMISES are affected by an assessment which is or may become payable in annual ASSESSMENT: installments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. P1 AierJON- 13. The following are v pportioned as of midnight of the day befo Jay of CLOSING: NTS: (a) Rents as and whet 'aected. .(d) Taxes, of the:f"l-period for which assessed.(e) Fuel,if any. (f) lien d If CLOSING shalloccur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. Any errors or omissions in computing apportionments at CLOSING shall be corrected. This provision shall 'survive CLOSING. WATER 14. If there be a water meter on the PREMISES,SELLER shall furnish a reading to a date not more than thirty days before METER CLOSING date and the unfixed meter charge and sewer rent, if any,shall be apportioned on the basis of such last reading . g. ALLOWANCE 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid FOR UNPAID taxes, assessments,water charges and sewer rents,together with any interest and penalties thereon to a date not less than five TAXES,ETC,: business days after CLOSING,provided that official bills therefor computed to said date are produced at CLOSING, USE OF 16. If there is anything else affecting the sale which SELLER is obligated to pay and discharge at CLOSING,SELLER may PURCHASE use any portion of the balance of the purchase price to discharge it.As an alternative,SELLER may deposit money with the PRICE TO PAY title insurance company employed by PURCHASER required by it to assure its discharge, but only if the title insurance ENCUM- company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon BRANCES: request made within a reasonable time before CLOSING, PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. AFFIDAVIT 17. If a title examination discloses judgments, bankruptcies or other returns against persons having names the same as or AS TO similar to that of.SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not JUDGMENTS, against SELLER. BANKRUPT- CIES.: DEED 18. At CLOSING, SELLER shall deliver a certified check payable to the order of the appropriate State, City or County TRANSFER officer in the amount of any applicable transfer and/or recording tax payable by reason of the delivery or recording of the AND deed, together with any required tax return. PURCHASER agrees to duly complete the tax return and to cause the check(s) RECORDING and the tax return to be delivered to the appropriate officer promptly after CLOSING. TAXES: PURCHASER'S 19. All money paid on account of this contract,and the reasonable expenses of examination of the title to the PREMISES LIEN: and of any survey and survey inspection charges are hereby made liens on the PREMISES and collectable out of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. i SELLER'S 20. If SELLER is unable to transfer title to PURCHASER in accordance with this contract, SELLER'S sole liability shall ' INABILITY be to refund all money paid on account of this contract,plus all charges made for:(i)examining the title,(ii)any appropriate TO additional searches made in accordance with this contract,and(iii)survey and survey inspection charges. Upon such refund CONVEY AND and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER shall have any further LIMITATION rights against the other. OF LIABILITY: CONDITION 21. PURCHASER has inspected the buildings on the PREMISES and the personal property included in this sale and is OF thoroughly acquainted with their condition. PURCHASER agrees to purchase them "as is" and in their present condition PROPERTY: subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING. PURCHASER shall have the right, after reasonable notice to SELLER, to inspect them before CLOSING. ENTIRE 22. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It AGREEMENT: completely expresses their full agreement. It has been entered into after full investigation, neither party relying upon any statements made by anyone else that are not set forth in this contract. CHANGES 23. This contract may not be.changed or cancelled except in writing. The contract shall also apply to and bind the MUST BE IN distributees,heirs. executors, administrators, successors and assigns of the respective parties. Each of the parties hereby WRITING: authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. SINGULAR 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may require it. ALSO MEANS PLURAL: SEE RIDER ATTACHED HERETO AND MADE A PART HEREOF In Presence Of: , HaTc1 villje, Chri topher Miceli STATE OF NEW YORK,COUNTY OF SUFFOLK ss: STATE OF NEW YORK,COUNTY OF ss: On the day of 19 ,before me On the day of 19 ,before me personally came personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument,and acknowledged that executed the foregoing instrument,and acknowledged that executed the same. executed the same. . Nft NOTARY PUBLIC STATE OF NEW YORK,COUNTY OF sc STATE OF NEW YORK,COUNTY OF ssK -----_On Mi �-- -day of _. — T9 -Zieiote me Dn'tIie M-ar - personally came personally came to me known,who,being by me duly sworn,did depose and say to me known and known to me to be a partner in that he resides at No. that he is the a partnership, and known to me to be the person described in of and who executed the foregoing instrument in the partnership the corporation described name, and said in and which executed the foregoing instrument; that he duly acknowledged that he executed the foregoing instrument knows the seal of said corporation; that the seal affixed to said for and on behalf of said partnership. instrument is such corporate seal;that it was so affixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. - Closing of title under the within contract is hereby adjourned to 19 , at o'clock,at ;title to be closed and all adjustments to be made as of 19 Dated, 19 For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Chris her Miceli Purchaser Assignee of Purchaser (lontrart Of Salt PREMISES TITLE NO. Section Block From: Lot County or Town Street Numbered Address HALLOCKVILLE, INC. , a New York Recorded At Request of Not—for—Profit Corporation COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO: To: CHRISTOPHER MICELI Zip No. STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS The best title insurance service comes from COMMONWEALTH LAND Li TITLE INSURANCE COMPANY A Reliance Group Holdings Company 4. '�` i RIDER TO CONTRACT BETWEEN: i SELLER: Hallockville, Inc. ; a New York Not-forlProfit Cgrporation I PURCHASER: Christopher Miceli 1 I• SUBJECT TO MORTGAGE COIrMITMENT It is understood and agreed that this sale is contingent upon the purchaser obtaining at his own cost and expense, and j without an expense to the seller a commitment fora credit line j mortgage on purchaser' s reslidence�in an amount of SIXTY THOUSAND AND 00/100 ( $60,000.00) 'DOLLARS at the prevailing interest rate for a term of at least TWENTY-FIVE ( 25) years from bank, '" ► lending institution or other source of his choice. �In this connection, the purchaser agrees, to make diligent and timely application for the mortgage and; to furnish such proofs and I 1 papers as may be required in connection therewith. In the event the purchaser shall be unab a tolsecure a firm comm' tment for the mortgage on or before SIXZ'Y; ( 60) ; days from seller' s execution of contract, purchaser shall. have the option to canceli,and annul this agreement by notification in writing of this fact, and upon the seller returning to thepurchaser all monies paid by' the purchaser to the seller hereunder, neither party shall have any rights or liabilities against the other. I II. PREMISESITRANSFERRED SUBJECT TO: (a) Covenants, easements and restrictions of record provide same does not render title uiunarketable; or prohibit use and maintenance of , the existing structure, ,if - any; (b) Any state of facts an accurate survey would show provided same .doesnot render title unmarketable; (c) Public utility easements with TEN. ( 10) feet of the perimeter of the premises, provided that no presently existing structures are located within the; area of easement. I (d) Laws and governmental regulations that affect the use and maintenance ofIthe PREMISES, County Health Department regulations and all other agencies, bureaus. or departments having jurisdiction thereof, and riparian rights of others, if any, provided same are not violated by; the buildings and improvements erected on the' premises; (e) Development Rights acquired by the ,T own of Southold by a document dated 10i/2/87. (f) Attached ;lease and, extensions. Seller ' represents to purchaser that; the (lease hasinot ]been extended beyond December I I i 31, 1988, that there is no option for tenant to purchase any portion of the premises and that the tenant has been advised of the pending ,sale of the premises. The representation shall survive closing .of title and delivery of the deed. j III. OBJECTI NS TO TITLE The purchaser shall, within FIVE ( 5) days prior to the date set for the delivery of the deed, notify the attorney for the seller, in writing, of any pbjections to title. In such event, the seller shall have a period of at least THIRTY ( 30) ,days from the date of closing herein ,provi�ded, within' which to endeavor to dispose of such o] jections ;but the seller shall be under no h obligation to remove or dispose ;of the same. ! I i IV. PURCHASER'S DEFAULT I I I i It is understood and agreed between the parties hereto, that Gif the purchaser defaults underjthe terms of this contract, all payments hereunder together with interest earned thereon, if any, shall become the sole property of the seller, provided the seller is not in default; as and for liquidated damages, it being agreed that seller' s damages would be difficult or; impossiPle to ascertain and that such sum would constitute - a fair, and reasonable measure of damages in the circumstances,iand the I. purchaser shall have not farther claim thereto and (thereupon this agreement shall come to an lend ind become .null and void. i V. LIEN YEAR i I The adjustment for taxes shall be based upon the lien year, December lst ;through November 30th. VI. DISCHARPE The acceptance of a deed by the purchaser shall be deemed full performance of every agreement and obligation on the part of the seller to be erformed1pursuant to the provisions of, this agreement, exceptlthose, if any, which are herein s ecifically stated to survivei.the delivery of the deed. , VII. ESCROW The down payment made 'on execution of this agreement shall be held in escrow by the seller"s attorney. - I , I VIII. BROKER l The purc4aser1represents .and warrants that he has not employed or used the services of !or made anyiinquiries concerning the premises to be � conveyedlpursuant to thisicontract through any broker other than HAHN REALTY and the seller relies upon said representation and� warranty ,in entering into this contract. The purchaser agreed to indemnify and hold harmless the seller from the claim of any broker concerning this transaction who may claim that he dealt 'with� the. purchaser.! This provision shall survive the delivery of the deed and closing of title. IX. REQUEST FOR ADJOURNIHNT If the purchaser requests an adjournment for any reason other than the inability of the seller to convey marketable title, the purchaser agrees, as a conditional therefor, 'that such adjournment shall not be requested nor shall. the seller by obliged to grant such application for adjournment, unless ( i) the purchaser makes such request in writing not later than FIVE ( 5) ' days prior to the date hereinbefore fixed for such date .of closing; (ii) ' such application for adjournment be limited to a period not in excess of TEN - ( 10) days from the original ,date hereinbefore set for closing; ( iii) all adjustments in such event, including real estate taxes shall be made as -of the original date hereinafter fixed for the closing of title. If, however, seller isjunable to close title on ;the date hereinafter set forth because Of the unmarketability, or for any other reason elsewhere state in this contract, or if seller requested an adjournment of title not1to exceed SIXTY (60) days, then and li in such event, all adjustments shall be made as of and computed from the adjourned date of closing. Nothing herein shall be deemed to infer that "time is the essence" . i I X. kGREEIM7I TO SUBDIVIDE PROPERTY ; 1 It is understood and agreed1that this sale is contingent upon the seller obtaining from the Estate of GeorgelWelis a written agreement from legal. representatives of the Estate that ! the Estate shall proceed with a THREE ( 3 ) lot minor subdivision l of the property off which the premises conveyed are of a 'part. The agreement from the Estate shall provide that the subdivision application shall be pursued with due diligence and �shall not be abandoned or withdrawn. I I I XI. USE OF PREMISES j It is understood and agreedithat this sale is contingent upon the purchaser; obtaining at his own cost and expense,, consent from the Town of Southold and/or! its agencies permission for the installation of all materia' s necessary to put the subject i " I property into grape production as a vineyard. In the event that the purchasers are unable to obtain such consent within SIXTY f ( 60) days, purchasers shallhavelthe option to cancel and annul this agreement by notification in writing of; this fact, and upon the seller returning the purchaser all monies paid by the purchaser to the seller hereunder, and neither party, shall have any rights or liabilities against the other.' XII. CLOSING ATE Closing shall' take place onior about June 4, 1989 provided that application for the THREE ( 3) lot minor subdivision has been filed with the Sou�thold:Town Planning Board by that date. If such application has not been filed, closing shall be adjourned until such application has been filed. II I HALLOCKVILLE, INC. V VV Ver' y yBrien, President Chris opher Miceli i 'I � I I I I • l i i i I j tell, P. 4 DISCLOSURE AFFIDAVIT (NOTE: General Municipal Law of thie State'of New York, Section 809 enacted in 1969 reguires the filing of the following completed Disclosure Affidavit for all Board of Appeals and Planning Board applications) STATE OF NEW YORK ) COUNTY ss.: being duly sworn, deposes and says: 1. FO INDIVIDUAL a. That I am over age 18 and reside at b. That I am the O owner O contract vendee (Check one) of the property designated as Lot(s) : Block: -- Section: on the Nassau County Land anff Tax Map which forms the subject matter of this appeal and am fully familiar with all the facts and circumstances hereinafter set forth. 1. FOR CORPORATION / a. That I am they of the �G � - //,►�, office held Name of Corp. and am fully familiar with the facts and circumstances hereinafter set o b. That the business address of Name of Corp. is ir Sound Avenue , Riverhead , New York 11901 r C. hat said corporation was incorporated under and pursuan to the `b- �i`z — c d� Law of the State of r� and is the owner of the property designate s cross out one Lot(s) l 5 Block c)7 Section O7S on the Nassau County Land and Tax Map which forms a subject matter o application. d. That the following are the names and residences of each officer, - director and shareholder: (Set forth names, residences and relationship to corp.) (Add additional sheet if necessary) (see attached sheet) e. That the corporate stock of said corporation has not been pledged to any person nor has any agreement been made to pledge the said stock: (except: If any, set forth details.) ti. P. 6 2. That there are no encumbrances or holders of any instruments creating an encumbrance upon the subject property (except: If any set forth details.) Deed from Hallockville Inc . to the Town 6f Southold recorded 10/9/87 in Liber 10442 cp 182 (conveys development rights for premises) 3. That neither deponent nor any other- person mentioned in this affidavit is a Village officer or employee, or is related to a Village officer or employee. (except: If any set forth details.) 4. That no State officer or employee or local municipal officer or employee in Nassau County or his spouse or a person by consanquinity related to either of them within the third degree is (are) the Applicant(s) or an officer, director or employee of the Applicant(s) , or legally or beneficially owns or controls the corporate stock of the Applicant(s) or is a partner of the Applicant(s) or associated with the Applicant(s) in a joint venture or has an agreement with the Applicant(s) , expressed or implied whereby his compensation for services it to be dependent or contingent upon the favorable exercise of discretion in the granting of the appeal herein. (except: If any set forth details.) 5. That in the event there is any change in the matters set forth herein prior to the public hearing relating to the property affected hereby, deponent(s) will file with the Village a supplemental affidavit indicating the details of such change within 48 hours of- such change. (S' nature S efo me this day of 98 RdRMr D.Pia« NOTARY PUBLIC, State of New York No. 4720974 fY Suffolk CouuntyfWtary � Public CO M.sS on p.res 3 1 (NOTE: If Applicant(s) is (are) contract vendee(s) a disclosure affidavit from the owner of the subject property is required to be filed with the application.) Hallockville, Inc. Officers and Board Members President Verity O'Brien P. 0. Box 1145 Westhampton Beach, New York 11978 1st V.P. Ruth Levine 116 Sound Avenue Riverhead, New York 11901 Rec. Sec'y Mary Geller P. 0. Box 182 Aquebogue, New York 11931 Corr. Sec'y Del Kucera High View Drive Wading River, New York 11792 Treasurer George Witty 90 Sound Avenue Riverhead, New York 11901 Finance Committe Ken Wells Henry Silverman 102 Sound Avenue 583A Sound Shore Road Riverhead, New York 11901 Riverhead, New York 11901 George Witty (see above) Collections Alice Kappenberg Justine Wells Summit Drive 102 Sound Avenue Calverton, New York 11933 Riverhead, New York 11901 Preservation/Restoration Lance Mallamo Henry Silverman 5 Three Sisters Road (see above) St. James, New York 11780 Nominating Bob Lockman Ruth Levine P. O. Box 2 (see above) Laurel, New York 11948 Newsletter Editor Justine Wells (see above) Ex-Officio Shirley Hallock 81 Sound Avenue Riverhead, New York 11901 Members at Large Rob Pike 138 Ostrander Avenue Riverhead, New York 11901 Estelle Evans Virginia Wines Box 24 RR 1 Box 110E Georgetown, New York 13072 Mattituck, New York 11952 fj \r r i r r y LiBER-7620 PAGE 226 -;� _ i i.' ! %'• r :.,..f /�' ;iJY,r. "' e, EXECUTOR'S DEEDrr� -MAR 6 ' ' IQ' : 10, 4047 THIS INDENTURE, made the day of' January, nineteen hundred and seventy-two BETWEEN THE NORTH FORK BANK AND TRUST COMPANY, a corporation organ- ized under and existing by virtue of the banking law of the ."o state of New York, having its principal office at no number) X Love Lane, ' Mattituck, New York, 11952, AS TRUSTEE of Lillian M. Howell trust under trust indenture dated November 24, 1958, and THE NORTH FORK BANK AND TRUST COMPANY, a corporation organ- ized under and existing by virtue of the banking law of the state of New York, having its principal office at (no number) Love Lane, Mattituck, ,New York, 11952, AS CO-EXECUTOR of the last will and testament of Lillian M. Howell, deceased, late of South Harbor Road, Southold; New York, 11971, who died on the 4th day of September, 1971, and GEORGE WELLS, residing at 565 Cedar Swamp Road, Glen Head, New York, 11545,- AS CO-EXECUTOR of the last will and testament t::4 of Lillian M. Howell, deceased, late of South Harbor Road, Southold, New York, 11971, who died on the 4th day of September, t 11971, parties of the first part, and N GEORGE JEWETT WELLS, a/k/a GEORGE WELLS, residing at 565 Cedar Swamp Road, Glen Head, New York, 11545, party of the second part, IWITNESSETH, that whereas letters testamentary were issued to the (parties of the first part by the Surrogate ' s Court, Suffolk County, New York, on November 15, 1971, and by virtue of the power and authority given in and by said last will and testament and/or by Article 11 of the Estates Powers and Trust Law, and in . consideration of One hundred and eleven thousand, eight hundred and sixty-nine dollars ($111,869.00) Paid by the party of the second part, do hereby grant and release unto the* party of the second part, the distributees ,, or successors and assigns of the- party of the second part forever, I 41 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the .Town of Southold, County of Suffolk and State of New York bounded and described as follows: Easterly by South Harbor Road; Southerly by lands of Aniela Krupski Westerly by lands of John Mokos Estate; and Northerly by the lands of Mike Surozenski and John Lehr BEING AND INTENDED TO BE the same premises conveyed by II Lillian M. Howell to The North Fork Bank and Trust Company, as trustee, by deed dated November 22, 1958 and recorded December 2, 1958, in the office of the clerk of Suffolk County in Liber 4553, at page 445; s 74 01 ram+ :ro TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the V,-I above described premises to the center lines thereof; TOGETHER C with the appurtenances, and also all the estate which the said decedent had at the time of decedent ' s death in said premises, and also the estate . therein, which the party of the first part has or has power to convey or dispose of, whether individ- ually, or by virtue of said will or otherwise; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees or successors and assigns of the party of the second part forever. AND the party of the first part convenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. Subject to the trust fund provisions of section thirteen of the Lien Law. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. In Presence Of: THE NORTH FORK BANK AND TRUST COMPANY, AS TRUSTEE l LS '��kl- U/�� �'�`�`'"' John O. As ton, Trust Officer +%:;.•..' '1�. }01 THE NORTH FORK BANK AND TRUST COMPANY, AS .,+;ti 1•-� ..�,t,.C• in.'s,.:. ' CO-EXECUTOR :n :�: . By: John O A hton, Trust Officer v' b LS George Wel Co-Executor SrPATk'OF 'NEW YORK, COUNTY OF SUFFOLK ss: On the 9ST—U day of January, 1972, before me personally came John O. Ashton to me known, who, being by me duly sworn, did depose and say that he resides at 795 Love Lane, Mattituck, New York, 11952 and that he is the trust officer of The North Fork Bank and Trust Company, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such Aorporate seal; that it was so affixed by order of the boar of directors of said corporation, and that he signed his nam �ert by�like_order. PETER M. COLEMAN Notary Public, Stare of Now York No. 52-5 7585 70 Qualified in Suffolk County O ary Commission Expires March 30, 1972 STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the g.a day of January, 1972, before me personally came George Wells to be known to be the individual described in and who executed the foregoing instrument, and acknowledged that he exec ted the same. ANGELA C. OHLKERS 011 ll / A Notary Public, State of New York y No 30•;'.9 19525 i ,l. Qualified in Nx sau County Torm Expires March 30, 7J r f •�--'i"7 Standard N.Y.B.T.U.Form 0W2-201 -Bargain and Sale Deed,with Covenants against Grantnr'I Acts rdual or Cutpuutiun. (single sheet) r CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT•THIS INSTRUMENT SHOULD®E USED BY LAWYERS ONLY rho- THIS INDENTURE, made the day of December , nineteen hundred and eighty—six BETWEEN GEORGE JEWETT WELLS residing at 565 Cedar Swamp Road, Glen Head New York, 11545 party of the first part,and HALLOCKVILLE, INC. a charitable organization with offices at Sound Avenue, Northville, Post Office Box 765, Riverhead, New York 11RICT SECTION BLOCK � � � CIT =71 � � c� � h party of the secondepart, 12 17 1 Z WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second 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 forever, ALL that certain plot, piece or parcel of land, with the it�� improvements thereon erected, situate, lying and being in the Towle of Southold, County of Suffolk, State of New York BEGINNING at a point on the westerly side of South Harbor Road and the easterly side of land of George J. Wells, said point being the 2106. 37 feet from the southerly side of Main Road, running thence southerly along said land of George J. Wells 175 feet more of less to land now or formerly of Lappe, running thence westerly along said land now or formerly of Lappe S. 73 degrees 43 ' 00" West, 1243. 71 feet to land now or formerly of Manitta, running thence northerly along said land now or formerly of Manitta N. 10 degrees 46 ' 40" West, 1099. 84 feet to land nor or formerly of• Surozenski, running thence along said land now or formerly of Surozenski the following two courses and distances: (1) N. 77 degrees 17 ' 00" East, 401 . 90 feet, -r (2) N. 76 degrees 37 ' 30" East 447 .59 feet to a point on the northwesterly corner of other land of George J. Wells, running thence southerly along---said other land of George J. Wells 175 feet to land now or formerly of Pettit and continuing southerly along said land now or formerly of Pettit S. 9 degrees 38 ' 50" East 200 feet to said other land of George J. Wells and again continuing southerly along T . 1000 said other land of George J. Wells 521 feet more or less to a point on the southwesterly corner' of said other land of George J. Wells, :fJT . 00750 0 running thence easterly along the southerly side of said other land Gf George J. Wells, 410 feet more or less to the point of BEGINNING. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply I the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. \ The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. 1N PRESENCE OF: EAL A.T. E " FEB 10 1987 Ge q ett wells 7 TRANSrr"' 'r � °'" ,� AXIETrE A. KlMSEUA Form 8005A• —Ezecut' eed—Individual or Corporation (single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. TM INDENTURE, made the J) "J day of June , nineteen hundred and eighty nine BETWEEN WILLIAM HOWELL WELLS, residing at 121 Bellvue Avenue, Upper Montclair, New Jersey and Norstar Trust Company, having an office at Glen Street, Glen Cove, New York 11542 NO 2:�N CONSIDERAT ON as executor of the last will and testament of George J. Wells , late of Old Brookville, New York who died on the 18th day of July , nineteen hundred and eighty eight party of the first part, and TIMOTHY WELLS, residing at 375 North Drive, F-6 'North Plainfield, New Jersey 07060 party of the second part, WITNESSETH, that the party of the first part, to whom letters testamentary were issued by the Surrogate's Court, Nassau County, New York on August 29, 1988 and by virtue of the power and authority given in and by said last will and testament, and/or by Article 11 of the Estates, Powers and Trusts Law, and in consideration of TEN & 00/100---------------------------------------------- dollars, paid by the party of the second part, does hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever, Decedent' s ore—half ( 1 /2 ) ;interest in ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, and being more particularly bounded and described as follows: BEGINNING at a point on the westerly side of South Harbor Road, 1143.26 _ feet southerly along said westerly line from the Main Road; RUNNING THENCE along said westerly line of South Harbor Road, South 9 degrees 35 minutes East, 105 feet to land of Howell; THENCE along said land of Howell, South 76 degrees 37 minutes 30 seconds West, 209.39 feet to land of Surozenski; THENCE along said land of Surozenski, North 9 degrees 43 minutes West, 108 feet; THENCE along land now or formerly of John-H. Lehr and wife, North 77 degrees 26 minutes 50 seconds East, 209.47 feet to the point or place of TAX MAP BEGINNING.' DESIGNATION Being and intended to be the same premises in deed dated 3/27/86 in Liber Dist. 10 0 0 110098 pg 47 5 Sec. 75 THIS DEED CONVEYS AN UNDIVIDED ONE-HALF (1/2) INTEREST 3 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances, Lot(s): 15 and also all the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individ- ually, or by virtue of said will or otherwise; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. Subject to the trust fund provisions of section thirteen of the Lien Law. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. Ix PMMErres OF: _ NO AR TRUST C PA Y, Executor _ BY: , _ Dorothy Clavell, Trust Officer William owell Wells; Executor New Jersey - — — _ _ STATE OFgMWW , COUNTY OF — SO STATE OILNEW YORK, COUNTY OF sse On the ';2 _day of June 19 8 9, before m On the — day of — _4-9. before me personally-.came — - - personally 1me — — — William Howell Wells — _to me ktaown to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and-acknowledged that executed the foregoing instrument, and ackmowledged that he executed the same. executed the-same. 11 ME CHANDLf_A / Ml'MY PUBLIC OF R&E q JEf_:;�V fly►OOrtno!*.r!or EaOt ft January 21. t2C? / STATE OF NEW YORK, COUNTY OF Nassau ss: STATE OF NEW YORK. COUNTY OF ss: On the U,,d, day of June 1989 , before me On the day of 19 , before me personally came Dorothy A. C 1 a v e l l personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the .foregoing instrument, with say that s he resides at No. 9 Landview Ave. whom I am personally acquainted, who, being by me duly Kings Park NY sworn, did depose and say that he resides at No. that she is the rust Officer ; Of Norstar .Trust Comp y that he knows e corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, don, and that she signed her name thereto by like order. at the same time subscribed h name as witness thereto, . �l�c�.cicc� nla tiw� NADIA T.MORRIS NOTARY PUBLIC,State of New York tdo.4650400 Qualified in Nassau County Term ExpiresDistrict 1000 SECTION 75 4hetutor's mecca BLOCK 3 TITLE No. LOT 15 COUNTY OR TOWN Suffolk William Howell Wells and Norstar STREET ADDRESS Trust Company, Executors TAX BILLING ADDRESS TO Timothy Wells Recorded At Request of Ticor Title Guarantee Company nTURN BY MAIL. M. James Marrin, Esq. °�,,.�bw"d by Payne, Wood & Littlejohn J 3 School St. TICOR TITLE GUARANTEE Glen Cove, NY Zip rro.l 1542 W u O t Jn<. Id ° 1Sl(? i11 686 WV Za I 8 W 6 N N W N W o Yu �t If fI 9.t �1., OF t L1 r+/ ->; liy wild: r•f��/ir �rr//i/rI,/' til+!/ I/rr/7!i' l,Ir�ti !!/y.lrr.v/ '' d���.��QQ `` ///!i/'t,: Ian Il;rt•r-, �srid / r ,- +� /r, •arrr;%; r //!////+%'j''Jlr�/!r//%rr :/1/t L4 tscyU l .1: 1 f',Sl 1 1 1 Itf+;rlLdrl t :.0ut 1l�lCt Cl it} i ..ln , EiWj 5t is o, a� „ t 7. atc ��t r3u ;u,ld, Cb J-aUt:.fa 1,c,1L ultt, ty+ �t'Ctc�lls ��Y frGCly f2� :ll;:,ItY (r�' ttorl,r CE3litt 'i.uJ1C, CIL.�lt'('1�+ by ItM1d Ly'.rJ .lUS �� lAl.rJIC' y ` 1 7lLt'tr4 4f.t'1 D v fi,l i!It kt�a d, 'lllcl a I ij s r; !'Ix Ltlt er•.Un t ltwr E o in;fui)� nnitlr;ltrt,, ;'c,r "• :' � ,� .1:LL�.ItaG: rti a..0 'tinfi. t,c�tlo�lt tFitrlti ;... A:LcS . 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(011Y hrievio�;, are hw 1AV 14.4 eflid rA Ilewo's then't'f) f 4V - . ""ibi�­ /1.11 mr "Al I/),, and Irl Owe ej 14r is re-,iml-lif r #AVON .�Jttk IONA SUOIROGATIpS Coljptr "LIN as the oar Of I#w fti. h" mad IN-viam'-fta of M- ths ad VON p000 boa. AP,414 AA 7 vii74 Twrnsaxy WWXRNW AAWW ftdo a"# Oak* of the OW IAId ,�rj of A,ij_t 2 C%mb lol ?w .,E SEC. NO _MATCH_ MAT.__Z...xD �--209 NATO -10-i MATCH C --!MLC-. IN, Z- C, 1.2 —7 FOR 1-1, NO FAR- 1. ST. NO— SJEI NO— IOA 1. --cCO -01-008 ID 3.5m.-) A I—A 'A. SO..IW (D IL C, 5"' So 0, 11E sic N 23.8 At.) ♦ 21.OA!,) 3!0 A t I .0 12 —4 AW N 'A t.I 24.1"AU) OO O To" N 'A IAICEL NO 1 —Z, —:1, TO'I—L NO FOR ""11L 11 FOR 1.0.1 1ARC11 AE IARCEL NO S, E SEC .,c 1.6 1 Ill EL ST. NO C_ 11 C ....... 10 SEE SEC 10 MG SEC OH., SIC ETC SIC NO '61 — 90 MG 11 SEC o -06-OZO No 086 NO .1 1 —C IT IN, I MATCH --aNE -9'�4m. Z Z--- —Z— imca —LFAW, ON ZL - --7 -003 1 MATCH 6NE MITCH Z--uNE.— SCC C NO 3Z9 NC'.. SECTI� L,g,nd (D COUNTY OF SUFFOLK T—OF SOUT OLD A- In I Zj�� Real Property Tax Service Agency V$LLAGE OF .-ATI H—N.IN =".= — AT 075 c— L: ?'IC-rA4 w-cl,No- 10-90 r — —i-R—OPE—RIYMAP C:."y C'"'Riverhead,L.I..NO.York 7 • Q �♦ �• v fit. _ I ��1 ~�� �� SO FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N.Y. Certificate Of Occupancy No. .Z12 31. . . . . . . . . . Date . . . . .October .24. . . . . . . . . . . . . . . .. 19 .$4 THIS CERTIFIES that the,lgt _ _VACANT . . . _ . . . . . _ . . _ . . . . . . . _ . Location of Property 1 150 South .Harbor ._Ro_ad, , , ; , , , , , , , , , , , �ou,thq��i. . . . ..„ . . . House No. Street Ham/et County Tax Map No. 1000 Section . . . 75. . . . . . .Block . . . .3. . . . . . . . . .Lot . . . ?5. . . . . . . . . . . . Subdivision . . . . . . . . . . .XX. . . . . . . . . . . .. . . . . . .Filed Map No. XX . . . .Lot No. . . . . .Y,X. . . . . . ..conforms substantially -to the applicable provisions of the Zoning. . . . Code of the Town of• Southol.d. The premises are located inthe. . . . . . . . "A"--Residential-Agricultural Zoned District and may be used. . for such uses as are presently authorized by the Zoning Code in such. district subject to, however, all of the- requirements of the Zoning. .. Code. r . . . . George Jewett Wells The certificat e is issued to (owner, -%MgCX47}q/,t0tXX . . . . . . . . . . . . . . . . . . . of the aforesaid -jot. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector CHAIN OF TITLE 1. Lillian M. Howell Dated 11/22/58 to Recorded 12/21/58 The North Fork Bank and Trust Liber 4453 page 445 Company, as Trustee under trust indenture dated November 24, 1958 2. The North Fork Bank and Trust Dated 01/25/72 Company, as Trustee, and Recorded 02/07/72 George Wells as co-executors 04/12/74 of the Last Will and Testament Liber 7107 page 464 of Lillian M. Howell Liber 7620 page 226 to George Jewett Wells, a/k/a George Wells 3. George Jewett Wells Dated 12/15/86 to Recorded 02/10/87 Hallockville Inc. Liber 10245 page 586 (part of overall parcel) 4. William Howell Wells and Dated 06/22/89 Norstar Trust Company as Recorded 08/11/89 executors of the Last Will and Testament of George J. Wells to Timothy Wells (part of overall parcel) Ili • Ml :NM •`� � , .y.� �\i � �������/ _ ""►'�►, ■■ f y�r S�-. lr•••••���� � �\��,;�' . ��,� moo, /� ��••• if am HE •tic • ! ���/ �' •� I�� ;.fir ♦♦ q;� � _ � ,. e1��, � I ,: �I=let' s �,• . ram• � k � BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of NORSTAR TRUST COMPANY NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER 2 Robert Halsey Pettit YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a ariance (Special Exception) (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subl'ect of the Petition is located adjacent to your property and is des- cribed as follows: WEST SIDE OF South Harbor Road, Southold, New York and known and designated as District 1000, Section 075, Block 07, Lots 1.3, 1.4, 1.5 on the Suffolk County Land and Tax Map 3. That the property which is the subject of such Petition is located in the following zoning district: A—C; Agricultural Conservation District 4. That by such Petition, the undersigned will request the following relief: Permission to allow an existing lot to remain which has an area of 64,788 square feet rather than the 80,000 square feet required. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article IIIA Section 10030 A-3 [ ] Section 280-A, New York Town Law for approval of access over right(s)-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: October 1989 Petitioner Estat of George Jew t Wells, Own e r s ' Name s :Timothy Wells & Hallockville, Inc. Post Office Address c o ayne, oo­cT-& Littre ohn Three School Street, Glen Cove, New York 11542 Attention: Peter B. Colgrove, Esq. Tel . N o . ( 516 ) 676-0700 [Copy of sketch or plan showing proposal to be attached for convenience purposes . ] * Norstar Trust Company and William Howell Wells, as Co-executors of the Estate of George Jewett Wells, and Timothy Wells and Hallockville, Inc. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPT'S NAME ADDRESS Robert Halsey Pettit P.O. Box 78 Southold,, New York 11791 STATE"OF NEW YORK ) ss.: COUNTY OF SUFFOLK) Virginia Witkowsky residing at 15 Harbor Lane Glen Head, New York 11545 , being duly sworn, deposes and says that on the loth day of October. 119 89 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at Glen Cove, New York 11542 ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to efo�re-m�e�this Yoh d f `G 19 _y _ Notary Public EUZABETH A.CARMODY NOTARY PUBUC,State of New York No.4856220 Qualified in Nassau County 'farm Expires Apol 7,1990 (This side does not have to be completed on form transmitted to adjoining property owners . ) .}'.. t+ �r ntrz,t,, ;at ?''t"' `< ;,.:�?'.•. .a ~�r6;,_.r em+ .,u+ 4r,.",_xt-'T' .,i' µ"=P". ' '�,-. ;;✓ '.A.,�.,_ -`" � "r s°�r`` ,s'�. ,2'zE .'sn+ ,r 4W! °" .,+• N Y `✓C`•' {.•ti•`r a M �w + i.•. ' -- .W: '''rya S xr^ - ' v 4 w$. f 5 •r tw T h tr } r spi 1 h 'S i •l r i+ yyt� �of 7r `Y vt• y/ F e St b i. Y. { _ r . . i32 5 `t2 , t3 n 5 5 , � 9 . ELL C 01.90 . r r 5 ; N,-7T 1'7 00 E i _ a N . it SAP a B� 7 _ .:..TYPICAL LAYOUT' o'► L��l"1�`' i5.80`2110 W. y. p,p tti , GEO; G k 9P mac E I r PETTIT ��: t - SC)SJl'HO LD OO sO;oOOs:F � TQ�n�N OF St�UT1-tJl.D , N,` N "OUT .PAmr-tL". _. r i 04 j N. ee2i ee. \�4OO.O SCALE-I00`11" c°/°n� At4EA;28 653 A(:., %25 14AL.L.UcICV r C1.E,I tJ+�. � TESr_ 40L.E._. � I.CONT6U P-5 ECEVAT19N5'f�EFK'T0:A Sty FF. CO: 22ialb ACr G� - d eAt "P W. AERIAL SUtVEY,DATtIt�'I MEANEALE'VL:, r tqG CON5ERVATION 1•- �Ev i at>twl �vT:t .i t�-r� 'SOLD rrn '-ro 2.Pl��ERTYIS IQ BUILDINI'aZONE.A-C, �-_ Z TOvJnY O oU`t'HOt;G' n ' ',. S. TAXf�'iAi DATA=t7{STrtCX7C?='raEtT.©75.8h'�- 4 ..GAS PUNI,P E L 1049� PA2CEL1°✓ . , , • i.�; 1.��(.'S. TE SUPPLY.ANP SEWAGE DISPOSAL.• WA Q - , Z 2 FACILITIES FO(2 ALL�LOTS ON THIS MA—,---, PLY. . - - BAR. r ' _._.. _..__� ,._.., .. . r WIT►-I THESTAWQAQP5 AN0 REQUIREMENTS OP., 2I25T02Y FQ•NO. ,l*H- SUFFOLk C4 DE PAIZTMENT OF HVAIiii 14 PaoFESSI NAL '..LAND'SU12VE•Y0fZ, \ NEW YO2iG STATE.LKENS *25626 pa+ .GQEENPQ(ZT r'NEW YOQV_ ' •�` Z �.5 SUFFOLIC CO. DEPAI2Tt'�fEN1 OF HE�AI:TM } 1Q . w , W' µ IRT act " too i 02.9 APP 120 V _ t 4 » _TEST►�Of`E SC�lt1THOWTOWN PLANNING BOARD ' 5�396 O4 WY LOAM � L., P P �MAt RMAt�I Y tiOAD MAIN R AD ,�na,.,htun artsr t°Tan or ede-ition S 4:;ne�v iS a vioratien of S�L�T T ,» roc Iron .,a4 the Navwfork State FINISHED GQ/�C1E ; ' ^'d,acation Low-, _ ��� - - not bearing'', .r .c'<. , _ _ �• — x y ` Ceaies o4 this s!5n1ev mad .; i+� . g •---�— +� - - F=Q g, ov N,r^• .� the fa,;d survayor'e.inked sea;a. �•-- -=---». <..r..-z .,.. - .. - " .. �t✓K V .�1� Qr Ssohaad sQsi st,ast not ba considered r� r,� to be a velid true cagy, _PITt E35 ira+•mod hereon spat!run MEptUM -• ApW7"E2 - O t G Csuarantaes ind �'-.. i t e".i ar p ,,on lot whmnr the strrvoli ro �' J }0bNDATI . en;y to the v ( :� . /, is nreparod,W'd on his behai°to th® \ .+ i .vot°efnrren, !agency and COAQ5E r jay�r ��y/ A ti[;9 COttY:'9ny hi+gAOn a2�d , :5Vi P.H. LNG"L♦ ,Ie ` MAP, , •Y�. l2nU�tnu rns?itr:?srn li.ter9 +in insti. _'Si r .a MP TK N 5, G S 25 to the uQ^inures of the Tan 9 rahie �' uaranteas cre not tronsta L r3 �1 tuiian,C PAN. - - q a ins ac SuCs - • C`p'•1� to additianai insiitut o '1.'1 } FlNlSHEDGe1i ICCKtt.IGCASTINGTO-G"OE WE i-1ERE6Y 'CERTfFY THAT NO LOT.CEY 1)IQ_N PRECAST d6 --.THIS MAP is LE55 THAN 8000�O`5Q. FT. IN AREALCHI" iMIK•2�alAx, e' 0t'�' ANC) THAT.T1415 MAP WA5 MAGI: BY US FROM ACTUAL: MEY T SURVEY5 COMPLETED APZ281909 AND `TWATCONO TE '* SHOWN 0 S, t — Nth WAT1�R PREMISE'S MONUMENTS HAVE BEEN 5IET AT PoiWT5 THU5. IZC�DC(21C1C VA N TUYLY PC, �• 1. , 4 �O„ t. AG WELL,POINT' _ r.. TYPICAL:liaiirl ...5A1,1D .FI U_ LICENSED LAND SURVEY0125 GREENP0QT,NEW YOR.IC. ELEVATION TYPICAL CET5POOL. ... A POET SYSTEM' 900 GAL.SMIC TAW 1 L