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HomeMy WebLinkAbout1000-86.-5-9.5 ~ ~ ~ ~ - ~ .. ~ , '----- ...... , ~/_~---.,.¥,-' .- .~., . ~ ~ O~ ....... ~,~,~ ,~ .~ M~R ~ 1987 T D Southold, N.Y. 11971 (516) 765-1938 April 15, 1987 Mrs. Elvira Morgenstern 168 West 86th Street New York, NY 10024 Dear Mrs. Morgenstern: The following action was taken by the Southold Town Planning Board, Monday, April 13, 1987. RESOLVED that the Southold Town Planning Board approve the lot line change for Elvira Morgenstern located off a right- of-way from Indian Neck Lane, Peconic to add 12,100 square feet to the existing house lot as shown on the Van Tuyl survey dated as amended February 3, 1987. Would yo~ please submit a lctter to the Board indicating that this isanamendment to the previous lot line change filed. Upon receipt of this letter, the Planning Board Chairman can endorse the survey.. ...% If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN ' SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary WALTER B. ADAm AJ~ORNEY AT dAW I5 PARK ROW NEW ¥O f~K, N.Y. IOO38 January 11, 1990 Planning Board Office Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Elvira ~orgenstern Indian Neck Lane Property Peconic, New York SCTM ~1000-86-5-9-~5&10 Att: Bennett Orlowski, Jr. Dear FE. Orlowski: I am in receipt of your lehter of December 21, 1989. The only remaining question I have is since the smaller lot is under 40,000 square feet, would this in any way affect its marketability? This parcel has a house and a garage on it at the present time. Thank you for your courtesy. Ve~r,y~ t~ ,u~-,y yours, WBA:olf WALTER B. ADAM Town Hall. 53095 Main Road P.O. Bo~ 1179 ~ Southold, NewlYork 11971 ~ (516) 76~-1938 PLANNING BOARD OFFICE TOWN OF SO~THOLD December 21, 1989 Walter B. Adam, Attorney at Law 15 Park Row New Yokk, NY 10038 RE: Elvira Morgenstern Indian Neck Lane Property Peconic, New York SCT~! ~1000-86-5-9.5&10 Dear Mt. Adam, ! T~e Planning Board has reviewed your letters of November 10, 1989 and November 21, 1989 and comments as follows: B~ advised that the Planning Board's resolution of April 13, 1987, approved a lot line change resulting in a building lot of 73,289 square feet and another of 30,530 square feet. At the time, ~he property was zoned R-40 (one acre). Today the property is still zoned R-40. Therefore 40,000 square feet is required per loG, not 80,.000 as mentioned in your letter. A~ the time of the lot line change, Elvira and her husband, owned the property on Rickmond Creek and Elvira and. otherslowned the parcel added to this property. The lots were never merged and are technically two lots. ~e status of the right-of-way'was not addressed at the time of the lot line change. It appears that this access problem has to be resolved privately, otherwise the owner of the smaller parcel will be landlocked. If you have any further questions, please contact this office. ' ' JLery truly yours, Bennett Orlowski Jr. ~ Chairman rgk ,..,:WA!LTE:~ E~. ADAM /"' ~JEW YORK, N.YL toc, aa ~UTHOLD ~ a[e-a67-645~ ~ ~ove~er 2~ '1989 r The Planning Board Town of Southhold Southhold, New York 11971 i Re: Indian Neck Lane Peconic, New York ~ Elvira ~orgenstern Att: Bennett Orlowski, Jr. , Chairman Dear Mr. Orlowski: I have previously written to your office in regard to Elvira Morgenstern. Enclosed is a copy of that letter. I have now been advised that no provision has been made to provide for a right of way to Richmond Creek through the Morgenstern parcel, which is closer to the creek. I was advised to write to you directly to obtain information as to the procedure for obtainin~a right of way through the property. Would you kindly advise me as to the best course of action in this matter. Vary tru.lq; yours, WBA:elf WALTER B. ADAM Novenlber 10, 1989 .. The Pi'arming Board Town of Southold Southo!d, New York' 119~1 Re: Elvira Morgenstern Indian Neck Lane.Prop~ty~ Peconic, New York Dear Sirs: Please be advised that I represent Elvira Morgenstern as well as the estate of Marvin Morgenstern. I have been advised by. Mrs° Morgenstern that she obtained, on her own, two variances which were approved by the P&anning Board with regard to property on Indian Neck Lane, Peconic, Ne~ York. Enclosed is a Photooopy of the approved map ~nd covery letter of Ap~l 15, 1987, of the Planning Board. My question to you at this time is that the variance has left a vacant land parcel with 73,289 square feet. It is my understanding that there is an 80,000 square feet building lot minimum. I wish to obtain confirmation of this before we attempt obtained by Mrs. Morgenstern. Very truly yours, WBA:elf WALTER B. ADAM WALTER B. aDam A~TORNEYAT I.AW [5 PARK ROW The Planning Board Town of Southold Southold, New York 11971 Re: Elvira Morgenstern Indian Neck Lane Property, Peconic, New York Dear Sirs: Please be advised that I represent Elvira Morgenstern as well as the estate of Marvin Morgenstern. I have been advised by Mrs. Morgenstern that she obtained~ on her own, two variances which were approved by the Planning Board with regard to property on Indian Neck Lane, Peconic, New York. Enclosed is a photocopy of the approved map and cover; letter of Aprilll5, 1987, of the Planning Board. My question.to you at this time is that the variance has left a vacant land parcel with 73,289 square feet. It is my understanding that there is an 80,000 square feet building lot minimum. I wish to obtain confirmation of this before we attempt to either sell the property or to undo the variance obtained by Mrs. Morgenstern. Ver~t~ .~l~yours , WBA: elf W~A/~~LT~R B. ADAM~ I'I i I) ~ ~ ' ~ "';"' ' % ~ ~ Southold, N.Y. 11971 (616) 765-1938 October 2, 1984 Elvira Morgenstern 168 West 86th Street New York, NY 10024 Re: Set-off located at Peconic Dear Mrs. Morgenstern: The Town Attorney reviewed the proposed covenants and restrictions which you submitted to our office. Enclosed is a copy of his letter to us regarding these. As you can see, the declaration needs to be amended according to the letter. This wouldTm~n the following changes would need to be made. 1. Include the ~o other conditions of approval as stated in the minutes '(see enclosure). 2. Include the other individuals who have signed the declaration. (This indenture made this...) 3. Change the liber and page in the declaration as stated on the deed. If you have any questions regarding this, please don't hesitate to cal ~he office and I'll go over it with you Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN ,~U~HOLD TOWN P~ANNING BOARD By Diane M. Schultze,.Secretary enc. ROB£RT W. TASK. ER TELEPHONE Tox~nt Attorney (516) 477-1400 425 MAiN ST. GREENPORT, L.I., NEW YORK 11944 October 1, 1984 Mr, Bennett Orlowski, Jr., Chairman Southold.Town Planning Board Main Road Southold, New York 11971 Re: Set-off for Elvira Morgenstern Dear Benny: I have reviewed the proposed Declaration of Covenants and Restrictions with respect to the above set-off and have the following comment: It appears that the Planning Board imposed three enumerated restrictions set forth at page 5 of its minutes of June 25, 1984. Only the third requirement is embraced within the declaration. As to the form of the Declaration, I have the following comments: a) The Declaration appears to be executed and acknowledged by three individuals. However, the Declaration itself, at the beginning thereof, has only one name. b) The deed which you sent me was from Peconic Bay Gardens, 'Inc. to four individuals. The deed attached is recorded in Liber 9155 at page .415. The Declaration refers to this deed as being recorded in Liber 2073 at page 333. For. the above reasons, I would suggest that the Planning Board require a new Declaration consistent with the foregoing. Yours very truly, ROBERT W. TASKER RWT :aa ..... I) $outhold, N.Y. 11071 (516) 765-1938 May 22, 1987 Mrs. Elivira Morgenstern 168 West 86th Street New York, NY 10024 Re: .Lot Line Change at Peconic Dear Mrs. Morgenstern: Enclosed is a copy of the endorsed map for the above ~mentioned proposal. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIR~LAN By Diane M. Schultze, Secretary ~> T(),,~:-~, .0'.~' ~(.)!":'.J';1.1(~'l I) ,~ I q. I ~(~.1~ K-'~.~.(~ t;,~,.~!' ~ · ~ Southold, N.Y. 11971 · (516) 765-19~8 · .[ April 15, 1987 Mrs. Elvira Morgenstern [-:168 West 86~h Street · New York, NY 10024 Dear Mrs. Morgenstern: The following action was taken by the Southold Town Planning Board, Monday, April 13, 1987. RESOLVED that the Southold Town Planning Board approve the lot line change for Elvira Morgenstern located off a right- of-way from Indian Neck Lane, Peconic to add 12,100 square feet to the existing house lot as shown on the Van Tuyl survey 'dated as amended February 3, 1987. Would you please submit a latter to the Board indicating that this is:a~amendment to the previous lot line change filed. Upon receipt of this letter, the Planning.~Board Chairman can endorse the survey~.~_.~.:_ If you have any questions, please don't hesitate to contact our office. Very truly yours, SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary ' (c) /Xfortgage recorded in Liber .............. Page ................ in original amount_ o~ .............. unpaid amount $ ...................... held by ...................... ...................... address ......................................................... 8. There are no other encumbrances or liens against the land except ........................ 9. The land lies in the following zoning use districts .. ~.C}-r,t.e.. ~,i~.~..~.~.~_.d[,/~g2ti~. ....... i0. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept ................................................................................... 11. The applicant shall at his expense install ali required public improvements. 12. The land (_~ (does got) lie in a X, Vater District or Water Supply District. Name of Dis- trict, if witbin a District, is ............................................................. 13. %Vater mains will be laid by .-~/~_ ................................................... and (a) (no) charge will be made for installing said mains. 14. Electric 1fries and standards will be installed by .. ~.~.0. ............................... .................................... and (a) (no) charge will be made for installing.said lines. 15..Gas mains wii1 be installed by ...... }~./'.~ .................................................. and (a) (no) charge w/il be made for installing said mains. 16. If streets shown on the plat are claimed by tbe applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in tbe Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. %Vbere the plat shows proposed streets whicb are exteusions of streets on adjoining sub- division maps bereto£ore filed, there are no rese~we strips at the end of the streets on said existing.maps at their conjunctions with the proposed streets_ 20. In Zhe course of these proceedings, the applicant will offer proof of title as required by Sec_ 335 of the Real Property Law. 2I. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc..annex Schedule "D". 22. The applicant estimates that'che cost of grading and required public improvements will be $: ......... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .............. years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F"_ DATE ....... ~ .............. 19 .............. (Name of Applicant~ ' . .... .................... -/ (Address) YORK, COUNTY OF ...~~~ ........... o~ ~ .... t..~-: ...... ~ o~ ............................. ~.~., ~o~ m~ ~ '~"~,- ... -,. _ ~~~ ....... to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that ............ executed the same. Notary Puhlic SrXr~ OF NEW YORK, COUNTY OF., ~.5~ ........... ss: pose and say that ............ resides at No ........ , ............................................ ................................. that ' ...~ ............. is the .......... the corporation described in and which executed the foregoing instrument; that ............ ~ows tim seal of said corporation; that the seal affixed by order of the board of directors o~ said corporation, and that "1 .......... signed .............. name thereto by like order. .~. ~- State En'~lronmente~ Quality Review ~ J SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only · PART I Project Information (To be completed by Applicant or Project sponsor) Lot-line change between two prooerties East Side of Indian Neck Lane, 800' south of Spring Lane ~' ^=°""~ °~ ~".d4'"g~es. 2.4 acres Initially acres Ultimately acres (2ubjest to v~ri~nce) ~ Residential ~ ,ndu.tria[ ~ C ..... Cia' ~ Agric.,t~re ~ Parkland.'open space ~ O:her [] Yes [] No If yes. list a;ency(s) and permit/approvals [] Yes ~] NO Ii yes, Jist agency name and permit/approval type If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER i JAR 19 ? Southold Town Planning Board Town Hall Southold, New York 11971 Re: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Con~ission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Sou~hold, N.Y. 11971 (516) 765-1938 September. 27~ 1984 Mr. Robert Wo Tasker Town Attorney '425 Main Street Greenport, NY 11944 Re: Set-off for Eivira Morgenstern Dear ~r. Tasker: We are in receipt of the enclosed covenants and restrictions for the set-off of Morgenstern located at Peccnic. Would you please review them and let the Board know if tkey are in order~ also enclosed is a copy of the resolution requesting the covenants and a survey. Thank you for your assistance in this matter. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRM~ SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary DECLARATION Oi~ COVENANTS AND RESTRICTIONS THIS INDENTURE made this .~' day of ~, ~ , 19S~y ! hereinafter called the Declarant. W~REAS, the Declarant is the owner in fee simple of a certain ·parcel of land situate at '~'; ~'~'~'~-~'~-',,"~-,~:.W',,,; Town of Southold, Suffolk County, New York, ~d designated on lng approximately~ acres, being the same premises acquired by the Declarant by deed dated , ~ . ,~, ~ ~ ,~ ~- and recorded in the Sbffolk County Clerk's Office on ~]l~/ ~ ~ ~n L~ber~:.~_~ of deeds, at pag~, and referredto herein as the "premises" and ~VHE~EAS, the Declarant intends to subdi~-ide said premises for residential . purposes arid desires lo subjecl said premises to cerlain conditions, co. Tenants and restrictions in order to preserTe the maximnm open space, natural scenic beauty and nataral ~egetation and to pre~ent overcrowding and to conserve the ~round water resources of the Town of Southold, and WHEREAS, tt~e Declarant had applied to the PlannZng Board of the Town of Sonthold for approT~l of the subdivision an~development ~' ' . to contain not more than !:u:r4']~s p rcels. NO~I¢ THEREFORE, the Declarant does hereby declare that the aforesaid premises~ and every portion thereof is hereby held and 5hall be conveyed subject to the ' ~' eond~bons, covenants and restrict[on~ hereinafter set forth, and that every .:. · .Jk ', purchaser of said premises, or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth. approved by and filed with %he Southold Town Planning Board shall be furtker sub- dzv~ded) ~ ~' ~o dwelling, or, o!h~r build~ng~er structune shall be erect~ or main~ined~: ~ ~ w~hln ~ feet .oi t~e t p'of th~, lufI' r eli. adjmce~* +~ I,ong ~Ian~Soun~. ' ~. [n drdc~ ,.L~ prevent the e~oslon o~ the..bl~ff or.cliff adj~qe~t'L~ T~d ~fHm~f he ~,ritL~n approval of the Sou~hoid Town P~,2ng ~oara . ~ That all of the co~enants, conditions and restrictions contained he.yeLn shal~ be construed as real co,enacts running v:ith the land and shall continue and in ~ull ~orce and effect at all times as against the owner of the premises or ~y portion ~hereo[ in perpetuity. Said covenants, conditions and restrictions shall be. -,~ b~nd~g upon, inure to the benefit of and be enforceable by th~'Declarant, their heirs, successors and assigns; ~ny owner of any portion of the aforesaid premises, their heirs, successors and assigns, and the To~vn of Southold, and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no e-vent be deemed a waiver of the right to do so thereafter ._ IN ,WITNESS WHEREOF, this indenture has been executed the day and year STATE OF NEW YORK) ss: COUNTY OF SUFFOLK) On the ~ [ day of L~. 19 before me personally came and l to me known to be the individuals described in and who executed th~foregoing instrument, and acknowledged that they executed th~ same. ........... Notary Public ' DECLARATION OF COVENANTS AND RESTRICTIONS T~IIS IlXTDENTURE made this 25 day of Sepie,,l~r ,. 198~, by Eiv~__..~ra~ Mpr~nstern residing at 1~ ~est 8~th Steer, N.Y.C.~.Y. 10~$ hereinafter called the Declaranl. %V}I~REAS, the Declarant is lhe owner in fee simple of a certain parcel of land silua/e ai S~t~ol~ To~m of Son,hold, Suffolk County, New York, ~d designated on the Suffolk County Tax A~ap as District 1~0 ection 086 ~ Block 5 and Lot 9'contain- ing approximately Z acres, being the same premises acaz~ired by the Declarant by deed daled M~h 12~ 1982 and recorded in the S~ffolk County Clerk's Office on ~ Liber 2~3 of deeds at page 3)3 , and referred to P~erein as the "premises" and %V~REAS, the Declarant intends lo subdivide said premises for residential pnrposes and desires to subject said premises to certain conditions, covenanls and resiricilons in order to ppese~ve the maximum open space, na!ural scenlc beauty and natural vegetation ~nd fo prevent overcrowding and to conserve the ground resources off the Toz'n of Southold, and M,'HEREAS, the Declarant had applied fo the Planning Board of the Town of Souihold for approval of the subdivision and devel0pmen~ of the pren~ses ss a ., - ~t-off ;?~ to contain not more than two (2) lots oP parcels. NO~I~I~REFORE, lhe Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby.' held and shallbe convey'ed subject !he conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises, or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the prero_ises so pureh~sed shall be held subject to the covenants, conditions, and restrictions hereinafter se? forth. No lot or Plot as sho~n ~r~d designated on the k¢inor Subdivision ~~et-o£f approved by and filed ~vi±h the Southold To~n Planning Board shall be further sub- divided in perpetuity. That all of the covenants, conditions and restrictions contained he.~ein shall be construed as real covenants running v~ith the land and shall continue and remain in full force and effect mt all times as against the oxvner of the premises or any port;~on thereof in perpetuity. ~aid covenants, conditions and restrictions sh~ll be binding upon, inure to the benefit of and be enforceable by the IPeclaran%, their heirs, successors and assigns; any o~ner of an3 portion of the a~oresaid premises, their heirs, successors and assigns, and the To~vn of Southo!d, and its successors and assigns, and the ~ailure of any of the foregoing +~o enforce any of such covenants, conditions and restrictlons shall in no event be deeraed a ~ai~er of the right to do so thereafter. lin WITNESS WHEREOF, this indenture has been executed the day and year first above written. STATE OF NEW YORK) COU'NTY OF SUFFOLk) On the~ day of ~ ~ 19~. bef~e me personally came and ¢ ~o me known to be the individuals described in and who executed . the foregoing instrument, and acknowledged that they executed the same. as:~ .~ ~ Notary Public -3- Between PECO~C ~&'f ,~.D~, ZNC.~ Ne~ York' 'coloration, {~i~h pri~- Rockvii!e C~'tre/YN~w~¢%o~k. 11570~ pa~y of the first p~, and l'~AAV~ MORGENSTERN. and ~LVI~A MOAGEN~Tg~, his w~fe, both residing at !68 %~es: 86th Street, New Yo~, New York !0024~ and NICOLE C. ~C,RG~NSTEF~ and R~&TA }~. MOR~ENSTE~I, both residing at 168 ~e~ 86Ch S~ree~ Ne~, York, Ne~ York i0024,' join~!y with a rzgnt o'f survivors hip~ ~T~CT $~CT~O~ ~LOC~ pan/of the eecond a~d assigns of the ~a~ ~ ~ second pa~ foreveh ~l ~at ce~a~n p~ct c,i~ce or ~ceJ of ]mhd, wkh the bu[[din~s and improv~cnents thereon ers~ed~, sRuste~ yng ~nd being~ at 2ec9~ic, Tow~ cf ~ou~ho.~ County of Suffolk and S~a~e New York~ ~crap..~rc.~_ul~y= '~ .... ~- bosomed_, and described as follo~,~s: B~!~b at a po~n~ on ~He easterly line of indian Neck ~ne distan~ 450 feet souuhariy fro~ the southerly line of land no~,; or fopmer!y of Albert Sacco ~ thence from =a~_~ point of beginnin- running ~' . ~ unence North 69 ~egree~ 24 minutes East 73i.94 fee: to thes.or~s~ = of o~.~cnmond, ~re~ ~ ~ · thence along the snor=s of ~.mchmond Creek on a tie'line 5outh 50 grees 42 ~ .... 9~ seconds Eas~ 39 88 ~ ~ ~.,~s or formerly of Hilda gear; t~e~._e along said las~- mentioned land ,h~ .~ "' "' _ _ two (I) South ~c ~ ~ .... _. actress 29 ~ "~ ~n~nu=e~ 40 seconds I4as~ ~65.u~ feet~ _ aegre=s 42 minutes 50 seconds East ~Ou.o0 feet ~o %and now or=o~m=_ = - =-~'_~, of Lucca Pontino~.a~e;==+ ~ thence ~o~ said last ,'=m~n_~,~neo~ ~" land ,~outn ~ " 69 deg~os 29 m~nutes' eas:e~ly side or indian Neck Lane; ~o seconds/o_u.~/ feet ~o the '" a~on~ the easterly ~de of ~ndian Neck two (2), courses and distances: (1) North 1L degrees' 42 minutes 50 seconds Wes~ 12!,97 feet; ia) North 2L deErees O0 ........ te= ~Test 13,19 fee~ to ~he point or place 'of begbnning. S~-ECT to a ~.~ foot righ~ cf way runniug alon~_ the southerly li~e of'the~dremiaes from lands now or formerly of Hilda Egan to the easterly .side of ~-'~= =~,~n ~ne as set' forth in Liber 2073, page 333. This conveyar_.=a is mmda in the ordinary course of business of the party of the first part ~ " {+~ ~ = ~n~w_~n ~h= unanimous consent in writing. of all ;~f~. the s~cckholders cf~he ~,:,~'~v~ ~, ~_~¢ the ~$.=~- ~ par~. the above described 3'-em[ses to the ~nCer [:nes thereof; Together with ~he appu~:enances and al~ the estate and Fights of the pa~ of :7,e first pa~ in and to said premises; To ~:ave A~d To Hold the premises herei~ granted unto the pe~y of lhe sebond p~%. the heirs or ~uccessors sug assigns o~ ~he parb/Of ihe second 9a~ foFever~ . And he Pa~ ~f the ~-~ ~a~ c~v~n~n~s t~a~ ~he pa~/ cf ~e ~si p~ has n~ dc~m ~r su~ered s2~shing wherebYthe . sa~d premises have been enc~:mDFred ir. any way' whaler ~r. except as aforesaid. ~o'be applied first for ~;8 pu rD 3se of paying. (he co~t o¢ ~he [rap rove, ent and ~viii apply ~he sa~e fi r~t to th e payment The word "p8~¢" sh~l be con,rued ss ~f it read "pa~;ast' whe~e'zer the s~nse of ~his indenture so reouires. " In Wi~s WhereoF. ~,= )~¢ of the'f~rst Dar2 has du y ~ecuted this deed the da~. sed yea* f ret above'v 'r ~sn July 13, 1984 Mrs. Elvira Morgenstern '- 168 West 86th Street New York, NY 10024 Dear Mrs. Morgenstern: As per our conversation, enclosed is a copy of proposed · covenants and restrictions. These can be followed as.to form, however, I would recommend ~ing ~h.ese as a guideline to drafting you own as the restrictions will be different than those of th~ copy. When you have prepared the draft, please return it to our office and we will forward it to the Town Attorney for his review. After his review, if it is in order, you can file it with the County3~Clerk. When we receive notlcg~ {hat the declaration has been filed, th% Chairman will eadorse the maps. If you have any q~estions, :please don't hesitate to contact our office. We ar~ also, in receipt of three (3) copies of the survey from Mr. Van Tyle. _~ery truly yours, L Diane M. Schultze, Secretary Southold Town Planning Board enc. , pg ,5i 6/25,/84 Cron cluster at Laurel% cont. Mr. Cron stated that he has now revised the~Lsketch tc prcced with a cluster development. ?he Boar~ noted that with regard to the previous submission~ at the .field inspection a field pump house was mistaken for a residence. Mr. Cron stated that the previous conclusions following the field inspection don~t have.'any bearing on the new submission. The Board noted that.~he open space is~landlocked.~ however~ Mr= Cron pointed out't~at the homeowners would be the only people with.title ~o it and the ability to use it~ therefore, it would not be landlocked for them. Boardmember noted that the open space and recreation is ncrt s~bstantion sin~e the area across .the street contains consliderab!e open space, it was %he consenus cf the Board to reques~ ~ha= this subdivision be developed as a majro su~bdivision rather than a cluster~ with the ~ots ti~leS e×tendi~ through the park ~n.d open sapco area. A/deposit ~¢ili t~en have tc be made to the Town Board for park and playground area in lieu of a lan~ resezvation. Mr. Cron questioned the amount of the contribution and it was noted that this is outlined iu the ordinance, The Board requested tha% if this is agreeab!e~ 12 copies of the amended surveF be submitted and 5hey Board will make a field inspection of the property~ Following a field ~nspection for ~!.vira Morgenstern, the action was ta .On a motion made by Mr. Mullen~ seconded by Mr. Latham it was RESOLVED that the Southold Town Planning Board aDDrove the set-~ff of Elvira Morqenstern located at Peooni~, map dated ~.{ay 7, 1984 sublet._ to the fo!lowing condl~t3oons ~. -a~.u~i c~.~aining ~,0~2 square zeet to b.- conveyed ~-'~ to the ho~se 10t sZ Elviar Morgenstern.- ._-~ 2~ Parcel will be a non-buildable lot, 3~ There will be no further subdivision in perpuity. Vote of the ~oard: Ayes: Or!cwski, Mullen~ Latham, Ward / ~tollmever located at Southo!d. The Board reviewed this new proposal for a set-off~ containing insufficient area. It was noted that the applicant applied to the Board of Appeals for an insufficient area variance~ and at this time~ no action was taken. The Board noted that the survey maps indicate land a~ong with Stol!meyers that is ncc o~ned by the appiicant~ The Board requested that revised maps be submitted indicating the ian~ owned by Stc!imeyer only. It was the consensus of thelBoard to conduct a field inspection on the property. . : South~ld, N.Y. 11971 · (516) 765-1938 June 5, 1984 Mr. Ge.rard Goehringer, Chairman Southold Board of Appeals Southold, NY 11971 Re:'.Morgenst~rn application At Peconic Dear Mr. Goegringer: On review of the'file for the above mentioned lot-line change, due to.~he fact that the conveyance.of the 5,022 square foot ~lot to the house lot will create a larger house lot and not cause the remaining lot to have an insufficient area~ it appears that this can be handled with covenants and restrictions. 'Theref~re,'this matter does not ~p~ear to need a variance · ~:~:~,'; '= from your Board. 'when it-is reviewe~ the Planning Board ": ~'-. ~:'; will request covenants and restrictions which will be .. ' ' $imiliar to the following. .. 1. Lot to be transferred to the house lot of Elvira Morgenstern as a non-buildable lot~ 2. No further subdivision of any lot in the future.; Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TO~FN PLANNING BOARD By Diane M. Schultze, Secretary 1984 $o h,ld Tow . ®ard Appeals T~EPF~ONc (51G) ~5-I~ GERA~9 P. GOENR~NGER, CHAIRMAN CEARLES G~IGON[S; JR. DOYEN, JR. ROBOT J. D~G~SS June 22, 1 984 JOSE~ H. SAV/~CKI Hrs. Elvira Morgenstern i68 West 86th Street New York, NY 10024 Re: Applicatio~ for a Variance Fifty-Fo~t Strip Conveyance to Rouse Lot N/S Indian Neck Lane, ?econic Dear Mrs. Morgen'stern: Attached is a copy of the recent determination of the building inspector in which he would no~ require an action of this board merely for a merger of a 50-foot str~p of land to your housm premises, mhich would leave at least 80,000 sql. ft. ~n area to the parcel known as Lot 1 of "Peconic Bay. Gardens" Subdivisioo, apd your hcuse parcel wculd be increased in size. It appears that both parcels are not in violation of the zoning ordinance. Pleas~ understand that this determination is subject to change if circumstances are changed. Yours very truly, GERARD P, GOEHR]NGER C,~IRMAN ~°ard~/~ ~?Linda Kowalski CC: Planning 9uildlng ~ns~ector ~. Lessard P.S. Please contact the Planning Board Office for further processing at 755-!~8. ..,.., TEL. OF OFFICE OF BU~:LDII'~G [NSI~BCTOR P.O. BOX 728 TO~VN SOUTHOLD, N.Y. 1 i971 DATE: June 22r 1984 TO: Planning Board . ~ :/' FROM: Victor Lessard~* Executive Acuministrator~ ~U~,~EC~. Eivira b;orgenstern property ~%e set-off requested to ad~ to the house lot would add to tha size of the property, thus up-grading the area. I agree ~itk the Planning Board that an up-grading condition such as this.would not require action by the Board of Appeais~ VL:ec cc: Board of Appeals ~'~--i' [ ~ ........... I'l~\L. /~ ~5'5L*;''''''- , ' '-- (%-7 1,--~ a~der lo oa~v~or ~hc question~ in ~his s{,o~ EAF it is ussu~, ~t ~he prqporer ~,i!l use. currently available information cgncerning di[ionsl ~{udics, rc:~carch or ofher invesfigafions will be underfa~en. ~ (b) l,~ any que.~fic~n has b~on ans'.~red Yes ~hc projac~ may be ~ · ..~'gnificc:n~ Jond o co:npla~cd 5mvironm~n%a! Ass~ssmen~ Form is necessary. ~ojcc~ is pot significant.. (d) En'zironu~n~ol /, s ~e s sm:~n~ ' 1. %'J~il p:'ojccL re.sui~in c larg~ physical change ' '' ~o ~he projec~ silo or physically al~er more ~k,~:n 10 acres oF land? ........................ Yes No 2. Will ihcre be c m~or chsnDe ~o any unique or -u~,usuol land form found on thu si~e? .......... Yes cxis~in9 body o~ water? ...................... . 4. ¥1ill project have a polcn-sial!y large impacl · · 5. %'/ill pro]cc% significantly cff'ea~ drainage - flay, on ~djacen~ site~? ..................... ~.. Yes 6. ¥,'ill pro~ec% affect any fhreatcned or ~ endangered plant or onLmol species? ........... Yes [.. 7.. ¥/ill projcc% result in o major o. ovc.' - so c~r T ..... ec'[ ' i li~)'? : : Yes' ~N · ' on o r qua ........... · .................... o ~ ' 8. %';ill prnjec~ have a major cffec~ on visual character o[ i}%a community or sccnic vicv;s or fL ' vir.~o_, knov, n Lo-be important to the community? 'Yes ~ko ' ~. %'Jill projcc~ ac]verse!), impact any si~e or ~ .- ' . 5%z'uc~u~ro of historic, prehistoric or , poleon~o!ogicc~l importance or o~ly designated as a orifice! euvironmeniol ~rca ; by a local sgcnc)'? ............ -.:..-=~-.='.-...v-~..v Y~s ,~' 10. ~'till project J]ove a major e~fect on exis~ihg / .~ or [u%urc recrea%iono! opportunities? ......... Yes~N :; 11' ¥1.~1! projec~ rcsult in .major traffic problems /. o% cause a major ~f~ec% %o existing . / . 12. %'~ill projec~ ra~u!arly cause objectionable ochers, noise, glare, vibration, or elecCricol dis~urbaucu cs o rcsu!¢ of the project's~ operation? ......... · ............................ Yes 13. ¥/ili projcc~ J~ave on)' impact on public hcalkh / or. so t' c'hy ..................................... Yes 14. %'/il! l)~ujec% af[.cc~ t[%u exis¢ing'cornmuniCy by' directly cau:~ing o growth in permanent popaloiion of mo~'e than 5 percept over o one year period or have a major ncgalivc effect on the character o~ the community or / naig{~Lo ri-load? ................................. Yes~... 15. ]~ there public controversy concerning thc ~ . proj~cl? ...................................... Yes No .. _ ... APPLICATION FOR APPROVAL OF PLAT To the Planning Board oi the Toxvn of Southold: The undersigned applicant b_ereby applies for (tentative) (final)approval o{a subdivision plat in accordance with Article I6 of the Town Law and tb_e Rules and Regulations of the Southold Tox~.n Plann~g Board, and repr~ents and sta~s as foilows:, 1. The appli~nt is the owner ~ record of the hud und~ application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application ) ~ 2. The ~ame of the =ubdivi3ion-is' ~o be ................................................... ~The land under is described in Schedule "A" hereto annexed. (Copy of deed entire sugge~md.) ~,4. T~e land is held by the applicant under deeds recorded in Suffolk County Clerk's office as i , folloXvs: Liber ........... , ............ Page ...................... On ....................... ;' Liber ........................ Page ...................... On ....................... ; Liber ....................... Page ...................... On ....................... ; Liber ........................ Page ..................... On ...................... ; as devised ~der the Last Will and Testament of ....................................... or as distributee ........................................................................ '~<. 5. The area of the land is . . acres. · :~ 6 _-MI taxes which are-lgens on the laud at the date hereof have been paid except ............ "!ii,.7. The land is encumbered by .... ~.-.~--..~.~.~./.~ ..~...~.~.~...~. mortgage (s) as follows: (a) _M'ortgage recorded' in Liber ..;~ .......... Page .................. in original amount of $: ............. unpaid amount $7/.3.~.~{~.1~ ', .......... h~.~ : ........ ~: ........... .............. address (b) iMortgage recorded in Liber ......... Page ....................... in original amount of _' ............. unpaid amount $ ...................... held by . ..................... ............... address ............................................................... -%. (c) Mortgage recorded in Liher .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ...................... ..................... address ......................................................... 8. There are no other encumbrances or liens agaifist the land except ........................ : 9. The land lies in the following zoning use distrmts .. I0. No part o£ the land lies under water whether tide water, stream, pond water or otherwise, ex- 12. The land (does) (does not) lie in a 5,Vater District or Water Supply District. Name of Dis- trier, if within a District, is ....... ~.~- ............................................. and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ...... ._~._.~- ..ff..~.: ..................... ..................................... and (a) (no) charge will be made for installing said lines. and (a) (no) charge will be made for inst~:lling said mains. 16. I£ streets shown on the plat are claimed by the applicant to be existing- public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. i7. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the Iand which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- dixdsiou maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the conrse of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Subrmt a copy of proposed deed for lots shoxving all restrictions, covenants, etc. Annex Schedule "D". 22. Th~ applicant estimates that the cost of grading and required public improvements wili be $.. [ ....... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .............. years. The Performance Bond wilI be written by a licensed surety company unless otherwise showu on Schedule "F". (Name of Applicant), (Signature and Title) .~. t~. ~ .... t-'.[~ -r~ D %~.~.r ~. to m~ k,m,*~ to b~ the individual described in and who executed the foregoing instrument, and acknox~ ledged that .. & .}~.~.. executed the same. STATE OF NEW YORK, COUNTY OF ............................ ss: On the ................ day ........... of ............. , 19 ...... , before me personally came ........................ to me knowm who being by me duly sxvorn did de- pose and say that ........... resides at No .................................................. ............................... that .......................... is the .......... the corporation described in and which executed the foregoing instrumeut; that ............ kno~vs the seal of said corporation; that the seaI affixed by order of the board of directors of said corporation. and that ... [ ........ signed .............. name thereto by like order. Notary Public C.~ ,.. :~ ..~1 0 , - ~.1 P, ~ {..9 i ¢" ~ '~"~~ i:~. 1.. ~ 21st~ August ,~~ eight~one ~S J. ~Y ~d ~0~ ~. ~Y., his wife, bo~ residi~ at 50 Wellesley L~e, Hicksville~ N~w York 11801 .0396 ~R~ ~p~ENS~ ~a EL~ aQ~ENS~, h~ wife, ~ r~sidin~ at 168 West 86~ Stree%, New Yo~,' New ~ork 10024 ~~ ~t ~e ~ of ~e first ~, ~ ~side~tion of lawf~ money of ~e United Smt~, ~id by ~e ~ of ~e s~nd ~, d~ h=eby ~t ~d rel~se ~to ~c pa~ of ~e ~d pa~, su~om ~d ~i~s of ~e p~y of ~e se~nd ~ foyer,. ~L ~at ~n plot, ple~ or ~ of'~d, ~h ~e build~' ~ad imprav~ ~er~ e~ted, sltuaze, ~aw York~ bounded ~d descried s follows: ~GI~G at a ~int on the south~sterly corner of the premises ~out to be' described, said point being 610.47 fe~t from indian Ne~ Lane; ruling thence North 23 degrees 42 minutes 50 seconds West 100.60 feet to land now or formerly of Peconic Bay Gardens, Inc.; thence North 69 .degrees 29 ~nutes 40 seconds East 167 feet to the high water mark of Rice. nd Creek; ~ence southerly aio~g the high ~ter mark of ~c~nd Creek 108 feet more = less; . ruling thence Sou~h 69 degrees 29 minutes 40 seconds'West '200 fegt.~ 'to the po~t; '~r place '~f' BEGGING. ~ING'~ ~L~ED .~ ~e. s~me prem!ses con~eyed, t0 the herein by .de~a da~ed: July" 31, .1969, .recorded 'August %1, ..196~. %n Liber 660~ page 3292:. "' ~GE~R ~"a'~'ight of way 10 feet ~ width from t'he westgrly b~gndary of the proper~y her~. Conveyed along ~e southerly boundary of pro~rty now or fo~eriy of Paul Befall, to Indi~ Neck Lane~ ~E~R ~. all .~h~ ~ight, titi~ and interest of ~e party of the first.part 'ofF' in :~d' to ~'c~ond creek lying' in front of ~d adjoining said premisest ._. f % . -. : . .. . .. . . ,. 03 6 RE~VED REAE ESTATE - SRANSFER-.t ~ ~,, SUFFOLK'. : ~UN~ · ~ Southold Town Planning Board Town Hall Southold, New York 11971 Re: Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission£ (1) No grading, other than foundation excavation for a residential building is proposed. (2)No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours .. 7 ~ truly, LASER FICHE FORM SUBDIVISIONS .ProibCtType: iLot Line C'hanaes ~,Status: Fin~iI Approval .ilSCTM # · 1000 - 86.-5-9.5 :~,°roject Name':.. Moraenstern Lot Line ChanGe ,~i~Lobatibn: The'properties'are located on the east side of Indian Neck lane ii~pproxima~elV824' south of Sprincl Lane. 'i?~amlet: i i,~pplicant Narbe: Elvira Morclenstern ::j~Wner blame: Elvira Morclenstern ;~Zone.l:. A~C ~pro'val ~Date; 4/13/87 :,iPLAT,SiclhediDatei 4113/87 OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: C and R's: Homeowners Association: R and M A(~reement: Address: Countv Filing Date: SCAN Date::