Legals 10.06.11

NOTICE
OF SALE

    SUPREME COURT: SUFFOLK COUNTY. THE GROSS FAMILY HOLDINGS, LLC AND THE WHEATLEY HARBOR, LLC, Pltf. vs. THEODORE J. BOURIE, et al, Defts. Index #11-04190. Pursuant to judgment of foreclosure and sale dated Aug. 17, 2011, I will sell at public auction on the front steps of East Hampton Town Hall, 159 Pantigo Rd., East Hampton, NY on Oct. 25, 2011 at 9:30 a.m. prem. k/a 23 Quarty Circle, East Hampton, NY a/k/a Lot Number 52 as shown on a certain map entitled, Map of Hands Creek Farm which map was filed in the Office of the Clerk of the County of Suffolk on February 23, 1982, as Map Number 7050. Approx. amt. of judgment is $84,388.51 plus costs and interest. Sold subject to terms and conditions of filed judgment and terms of sale, and prior mortgages held by Plaintiffs in the aggregate principal sum of $970,000.00 together with accrued and unpaid interest thereon in the approximate sum of $336,000.00.
WILLIAM FLEMING, Referee. CONFORTI & WALLER, LLP, Attys. For Pltf., 250 North Sea Rd., Southampton, NY. #80325
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NOTICE
    Notice of Formation of SCMPtv LLC, a domestic Professional Service Limited Liability Company (LLC).  Articles of Organization filed with the Secretary of State on June 27, 2011.  Office Location: SUFFOLK County.  Secretary of State is designated as agent upon whom process against the LLC may be served. Secretary of State shall mail a copy of any process against the LLC served upon him/her to Bruce Bailey, 253 Pantigo Road, East Hampton, NY 11937. Purpose: To engage in any lawful act or activity.
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SHOW CAUSE
    At a special term of the Supreme Court of the State of New York
held in and for the County of Suffolk, at 1 Court St Riverhead, N.Y., on Sept. 15, 2011
PRESENT: HON. Thomas F. Whelan
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
George W. Keefer and Patricia Keefer-Davis
Plaintiffs
Docket # 28461/11
ORDER TO SHOW CAUSE -against- Ruth Maxwell, Minnie Duerr, John Doe and Jane Doe, Defendants.
    Upon the Affidavit of George W. Keefer and Patricia Keefer-Davis, and upon the Exhibits thereto attached, verified on August 15, 2011 and August 12, 2011 respectively and the Affirmation of Elan Markewitz, Esq., affirmed on September 9, 2011 and all papers and exhibit annexed hereto:
    Let: Ruth Maxwell, Minnie Duerr, John Doe and Jane Doe, appear and show cause at a Special Term of this Court to be held at the Supreme Court located at 1 Court Street,  Riverhead, New York, on the 28th day of November, 2011, in part at 9:30 o’clock in the forenoon thereof or as soon thereafter as counsel can be heard, why an Order should not be made either pursuant to either Articles 5 or Article 15 of the Real Property Actions and Proceedings Law granting and vesting full title to the plaintiffs of land known as 2 Wooded Oak Lane, East Hampton, New York 11937 and also known as Parcel 10 District 0300 Section 140.000 Block 01 Lot 008, as referred to in the annexed petition, and that the aforesaid defendants and any person or persons claiming said land under said defendants be forever barred from asserting such claim to the land of which the invalidity is established in this action and why plaintiffs  should not have such other and further relief as the curt may determine.
    It appearing to the satisfaction of the court that the present whereabouts of Ruth Maxwell, Minnie Duerr, John Doe, and Jane Doe, are unknown and remain unknown to the plaintiff and cannot, after due diligence, be ascertained, it is hereby ordered that sufficient reason appearing therefore, let service of a copy of this order together with the papers upon which it was granted be made upon Ruth Maxwell, Minnie Duerr, John Doe and Jane Doe, their husbands, wives, or widows, heirs at law, divisees, legatees, executors or administrators, judgment creditors, assignees, grantees, trustees, trustees in bankruptcy, receiver, lienors and successors in interest, if any, being any and all unknown persons whose names or parts f whose names and whose place or places of residence are unknown, and cannot after diligent inquiry be ascertained,  by publication of notice of a copy of this order to show cause along with a coup of the summons are verified complaints, which is annexed hereto including the description of the premises in question in two newspapers, one of which is in the English language, to wit: in The East Hampton Star, P.O. Box 5002, 153 Main Street, East Hampton, N.Y. 11932, and the Southampton Press, 135 Windmill Lane, Southampton, N.Y. 11968, in the County of Suffolk, State of New York. Said publication to be once a week for four consecutive weeks, the first publication to be made within 30 days after granting of this order and at least 30 days before the return date fixed in the said order to show cause, and it is further ordered that, upon filing of proof of service with the  Suffolk County clerk of said publication shall be deemed sufficient service of the notice of the order to show cause and of the summons and verified complaint on all defendants in this action.
Granted Sept. 15, 2011, Judith A. Pascale, Dated Sept. 2011
Thomas F. Whelan, J.S.C.
SUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF SUFFOLK
George W. Keefer and Patricia Keefer-Davis, Plaintiffs
Index # 11-28461
Date Purchased 9/7/11\SUMMONS\\ -against- \
Ruth Maxwell, Minnie Duerr, John Doe and Jane Doe, Defendants.
Plaintiff designated Suffolk County as the
the place of trial
    The basis of venue is that the cause of action arises in Suffolk County.
    To the above named defendant(s)
    YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff’s Attorney within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear to answer, judgment will be taken against you by default for the relief demanded in the complaint.
Dated:  September 9, 2011, ELAN MARKEWITZ, ESQ., Attorney for Plaintiff, 127 Southfields Road, Riverhead, NY 11901, (631) 779-3101
    PROPERTY DESCRIPTION
    ALL those certain lots, pieces, or parcels of land, situate, lying and being in the Town of East Hampton County of Suffolk, State of New York, which are know and designated as Lots Numbers Six (6), Seven (7), Eight (8), Nine (9), Ten(10), Eleven (11), Twelve (12), Thirteen (13), Fourteen (14) and Fifteen (15) in block 18, on a certain map known as  Proposed subdivision map of Montauk Manor No. 3 situated in the Town of East Hampton, Suffolk County., N.Y. property of Richard B. Allen Co. 29 West 34th Street, New York City,  as the same appears by the plat or map thereof filed April 19, 1911 in the Office of the Clerk of Suffolk County, State of New York as File Number 265, surveyed and plated by N.Y. Tiffany, C.E. 2 Wooded Oak Lane East Hampton New York
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NOTICE OF
HEARING

    NOTICE IS HEREBY GIVEN that the Zoning Board of Appeals of the Incorporated Village of East Hampton will hold a public meeting at the Emergency Services Building, One Cedar Street, East Hampton, New York, on Friday, October 14, 2011, at 11:00 a.m. on the following applications and to conduct such other business as may come before the Board:
    Application of Steven and Carolyn Kotler, SCTM #301-13-12-1, for an Area Variance to allow construction of a pergola (approximately 32 feet long, 5 feet deep, and 12 feet high) to be located 17.2 feet from the rear property line where the required setback of Section 278-3.A.(3)(a) is 34 feet. The subject property is 73,027 square feet in area and is located at 123 Lily Pond Lane in Residence District R-160. Adjoining properties are located in the East Hampton Village Historic District as listed on the National Register of Historic Places but are not subject to the requirements of Chapter 176 of the Village Code, Preservation of Historic Areas. This is a Type II Action in accordance with SEQR.
    Application of Jane H. Maynard, SCTM #301-8-12-13.3, for Area Variances to allow construction of a two-car garage within front and side yard setbacks and a pool patio within side and rear yard setbacks where the required front yard setback of Section 278-3.A.(2)(a) is 50 feet and the required side and rear yard setbacks of Section 278-3.A.(3)(a) is 34 feet. The 647 square foot garage is proposed to be constructed 37.1 feet from the front property line and 4.1 feet from the side property line. The pool patio is proposed to be constructed 28.8 feet from the side property line and 29.4 feet from the rear property line. The subject property is 41,575 square feet in area and is located at 5 Baiting Hollow Road in Residence District R-80. The parcel is a contributing property of the East Hampton Village Historic District as listed on the National Register of Historic Places but is not subject to the requirements of Chapter 176, Preservation of Historic Areas. This is a Type II Action in accordance with SEQR.
    Application of 8 Pudding Hill Lane LLC, SCTM #301-8-13-13, for Area Variances to allow construction of a garage with storage loft, half bath, and outdoor shower, a porte cochere, and a pool terrace all located within the 34 foot side or rear yard setback as required by Section 278-3.A.(3). Inasmuch as the bathroom and outdoor shower are proposed to avoid the need for a pool house, a Variance from Section 278-3.D.(2)(a) is required as the garage is proposed to be constructed 14.9 feet from the northwesterly side property line. A Variance from Section 278-3.D.(2)(b) may also be required should it be determined that the attached half bath and outdoor shower are an expansion of the proposed accessory structure. The porte cochere is proposed to be constructed 19 feet from the southeasterly side property line and the pool terrace is proposed to be constructed 27 feet from the rear property line. The parcel is 40,325 square feet in area and is located at 8 Pudding Hill Lane in Residence District R-80. The parcel is a contributing property in the East Hampton Village Historic District as listed on the National Register of Historic Places and adjoins contributing properties of the Ocean Avenue Historic District but is not subject to review in accordance with Chapter 176, Preservation of Historic Areas. This is a Type II Action in accordance with SEQR.
    Application of Nina Giambelli Irrevocable Trust, SCTM #301-3-8-20, for Area Variances to allow first and second story additions to the existing residence in excess of the maximum permitted gross floor area including the expansion of the existing kitchen within the required side yard setback. The proposed total gross floor area of the existing residence and additions, inclusive of an attached garage as measured to the outside of exterior walls, is 4,770 square feet where the permitted maximum gross floor area of Section 278-3.A.(9) is 4,115 square feet. The 120 square foot kitchen expansion is in line with the setback of the lawfully preexisting residence and 14 feet from the side property line where the required minimum side yard setback of Section 278-3.A.(3) is 26 feet. The subject property is 31,152 square feet in area and is located at 52 Davids Lane in Residence District R-40. The parcel adjoins contributing properties of the East Hampton Village Historic District and the Hunting Lane Historic District but is not subject to review in accordance with Chapter 176, Preservation of Historic Areas. This project is classified as a Type II Action in accordance with SEQR.
    Said Zoning Board of Appeals will at said time and place hear all persons who wish to be heard in connection with the applications. Interested parties may be heard in person, by agent, or by attorney.
Dated: Sept.23, 2011
By Order of Andrew E. Goldstein, Chairman, Zoning Board of Appeals, Inc. Village of East Hampton
10-2



PROBATE
CITATION

    File No. 2011-3319
    Surrogate’s Court, Suffolk County, Citation
    The people of the State of New York, by the grace of God free and independent.
    To Eric T. Schneiderman, New York State attorney general, and the distributees, heirs at law and next of kin of Olive Nagel, a k a Olive E. Nagel, deceased, if any be living, and if any be dead, their respective distributees, heirs at law, next of kin, legatees, divisees, executors, administrators, assigns, and successors in interest, all of whose names, whereabouts, and addresses are unknown and cannot be ascertained with due diligence, being any persons interested in the estate of Olive Nagel, a k a Olive E. Nagel, deceased, as distributees or otherwise.
    A petition having been duly filed by Eleanor O. Ratsep, who is domiciled at 18 Buell Lane, East Hampton, N.Y. 11937.
    You are hereby cited to show cause before the Surrogate’s Court, Suffolk County, at Riverhead, N.Y., on Nov. 22, 2011, at 9:30 o’clock in the forenoon of that day, why a decree should not be made in the estate of Olive Nagel, a k a Olive E. Nagel, lately domiciled at 30 Buell Lane, East Hampton, N.Y. 11937, admitting to probate a will dated Oct. 11, 2005, a copy of which is attached as the will of Olive Nagel, a k a Olive E. Nagel, deceased, relating to real and personal property and directing that letters testamentary issue to Eleanor O. Ratsep.
Dated, attested, and sealed Sept. 13, 2011
Hon. John M. Czygier Jr., surrogate
Michael Cipollino, chief clerk
Thomas J. Osborne, Esq., attorney for petitioner, P.O. Box 5011, 135 Main Street, East Hampton, N.Y. 11937, 631-324-4977, ext. 2
    Note: This citation is served upon you as required by law. You are not required to appear. If you fail to appear it will be assumed you do not object to the relief requested. You have a right to have an attorney appear for you.
10-4


NOTICE OF
CHANGE OF MEETING TIME
MONTAUK FIRE DISTRICT

    PLEASE TAKE NOTICE that the workshop meeting of the Board of Fire Commissioners of the Montauk Fire District originally scheduled to be held at 7:00 PM on Wednesday, October 26, 2011 has been changed to Tuesday, October 18, 2011 immediately following the Public Hearing of the proposed budget for calendar year 2012 at the main fire house located at 12 Flamingo Avenue, Montauk, NY.
BY ORDER OF THE BOARD OF FIRE COMMISSIONERS OF MONTAUK FIRE DISTRICT, Town of East Hampton, County of Suffolk, New York.
Terri Czeczotka, District Secretary/Treasurer
11-1



NOTICE TO
BIDDERS

    The Board of Fire Commissioners of the Amagansett Fire District hereby invites the submission of sealed bids for the labor necessary to properly replace the existing windows at the Amagansett Firehouse with thirty-one (31) Series T-7 Talon, aluminum clad, wood, double hung windows, or equivalents.
    Please note that the Commissioners seek bids on labor with only incidental materials included. The windows are already on site.
    Included within the labor is the removal and proper disposition of the existing windows, frames, etc., and the installation of the new windows. Note that window sizes vary.      Bid instructions are available at the Amagansett Firehouse, 439 Main Street, Amagansett, NY, on weekdays between 7:30 A.M. and 4:00 P.M or from any Commissioner of the Amagansett Fire District.
    Bids will be accepted at said firehouse until 7:00 P.M. on October 12, 2011, and then publicly read aloud. All bids must be accompanied by the Non-Collusive Statement required by law.      The Board of Fire Commissioners reserves the right to reject any or all bids if, in the judgment of said Board, it shall be in the best interests of the District to do so.
TERRENCE O’RIORDAN, Secretary                                    Amagansett Fire District
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NOTICE
    PLEASE TAKE NOTICE that a Public Hearing will be held on October 18, 2011 at 7 PM at the main firehouse located 12 Flamingo Avenue.
    The purpose of the Public Hearing will be to permit public review of the proposed budget for the Montauk Fire District for the calendar year 2012.
    PLEASE TAKE FURTHER NOTICE that a copy of the proposed budget has been filed with the Town Clerk and is available for review and is also available for review at the Office of the Board of Fire Commissioners between the hours of 10AM to 3PM Tuesday through Thursday.
BY ORDER OF THE BOARD OF FIRE COMMISSIONERS OF MONTAUK FIRE DISTRICT, Town of East Hampton, County of Suffolk, New York.
Terri Czeczotka, District Secretary/Treasurer
11-1



PUBLIC
HEARING
NOTICE

    NOTICE IS HEREBY GIVEN, that the Zoning Board of Appeals of the Town of East Hampton, NY, will hold public hearings at the Town Hall, 159 Pantigo Road, East Hampton, N.Y., on
Tuesday, October 18, 2011  on the following applications at the times indicated:    
    TIME: 7:30:00 PM
    APPLICANT:Dan & Julia Stavola
    SIZE/LOCATION: 33,422 sq. ft. (total), 80 Seaside Ave., Map of Seaside Shores, Block 601, lots 3 & 4, Montauk (300-032-07-24)
    DESCRIPTION: To construct a 510 sq. ft. pool with equipment and associated clearing, a cellar entry,
    and air conditioning unit on a parcel of land containing freshwater wetlands.
    RELIEF SOUGHT:    A Natural Resources Special Permit pursuant to ß 255-4-20 and seven variances are required for this application. Five variances from ß 255-4-30 (Minimum wetland setbacks) are required; two variances of 84, one of 85’, one of 81, and one variance of 9  are required to construct the pool and cellar entry 16, the proposed A/C unit 15’, the pool equipment 19, and to clear 41  from the freshwater wetlands where 100  and 50  setbacks are required, respectively. Finally, 6  and 8  variances are required from ß255-11-74(A) to locate the pool and equipment 4  and 2  from the scenic easement where a 10  setback is required, and any other relief necessary.
    ZONING DISTRICT: B Residence Zone X Flood Zone
    SEQRA CLASS: Type II
    Rescheduled from 10/4/11 Public Hearing Notice
    TIME: 7:50:00 PM
    APPLICANT: Thomas Preiato
    SIZE/LOCATION: 41,973 sq. ft., 17 Beverly Rd., Springs (300-102-02-25.1)
    DESCRIPTION: The Senior Building Inspector believes Building Permit 53455 was issued based on erroneous and misleading information an request Certificate of Occupancy 25283 be revoked.  The permit allowed the construction of a  non-operating gate with two stone columns.
    RELIEF SOUGHT: Pursuant to section 102-15 B. (1) and (2) Revocation of a Certificate of Occupancy of the Town Code.  The basis for revocation: (1) Planning Board Approval was previously granted pursuant to 280-a of the Town Law for improvement of private
    road access but the structures covered by the above certificate of occupancy were not
authorized by such 280-a approval, and Planning Board approval was required to amend the 280-a assignment to allow for placement of the structures, (2) Approval from the ARB was not obtained for installation of the structures though such structures meet the requirements for ARB review, (3) The structures are accessory  structures  on a separate parcel of property from any principal structure, (4) Evidence has been submitted calling into question applicant s ownership of the premises upon
    which the structures are erected.
    ZONING DISTRICT: A Residence,  Zone X Flood Zone
    SEQRA CLASS: Type II
Rescheduled from 4/19/05,  6/7/05, 7/19/05, 6/7/11, 7/26/11 and 9/20/11
    TIME: 8:10:00 PM
    APPLICANT    Lina Yanni
    SIZE/LOCATION: 10,706 sq. ft. (total), 62 Soundview Drive, Soundview Estates, Map #1929, Lot 16, Montauk (300-005-01-02)
    DESCRIPTION: To demolish existing residence and build a 2331 sq. ft. two story residence with 378 sq. ft. patio, 593 sq. ft. second story deck, and 45 sq. ft. of outdoor stairs, with a relocated driveway and new sanitary system within the Towns jurisdiction of bluffs and tidal
    wetlands.
    RELIEF SOUGHT: A Natural Resources Special Permit (NRSP) pursuant to Section 255-4-20 of the East Hampton Town Code and the following six variances; two variances of 38  and 56  from ß255-4-30 of the Town Code are required to place the residence and deck 62  and 44, respectively, from the wetlands where 100  setbacks are required. A variance of 45  from ß255-11-30 of the Town Code is required to place the sanitary system 105  from the tidal wetlands where 150  is required. Two variances of 51  and 69  from ß255-4-40 of the Town Code are required to place the residence and deck 24  and 6, respectively, from the bluff crest where a 75  setback is required. Finally, a variance of 0.2  from ß255-11-10 of the Town Code is required to place the residence 14.8  from the side yard lot line where 15  is required, and any other relief necessary.
    ZONING DISTRICT: B Residence Zone X Flood Zone
    SEQRA CLASS: Type II
    TIME: 8:30:00 PM
    APPLICANT: Frank Foti
    SIZE/LOCATION: 15,137 sq. ft. (total), N. Greenwich St., Montauk Beach Dev. Corp., No. 1017, lot 13,
    Blk. 162, Montauk (300-012-03-30)
    DESCRIPTION: To construct a 613 sq. ft. residence with 115 sq. ft. of 2nd story decking, two (2) 40 sq. ft. stoops a sanitary system & driveway on a parcel of land containing freshwater wetlands.
    RELIEF SOUGHT: A Natural Resources Special Permit (NRSP) pursuant to ß255-4-20 & variances from ß255-4-40 (Minimum wetland setbacks) and ß 255-11-10 (Dimensional Regulations) of the Town Code.  The following three (3) variances are required in this application: a variance of 81  is required to locate the residence 19  from wetlands where a 100  setback is required, a 115  variance is required to locate the sanitary system 35  from wetlands where a 150  setback is required & a 41  variance is required to allow land clearing 9  from wetlands where a 50  setback is required.
    ZONING DISTRICT: B Residence,  Zone X Flood Zone
    SEQRA CLASS: Type II
    Rescheduled from 6/28/11
    Said Board of Appeals will at said time and place hear all persons who wish to be heard in connection with these applications.  Interested parties may appear in person or by agent or by attorney.
By Order of the Zoning Board of Appeals, Town of East Hampton, NY, Dated:  Monday, October 03, 2011, Philip Gamble, Chairman
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