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U01.t"hlll"b-Me.lII"l'~l!IlB.d"ttI"" .. .).:tr1.29 1987 .y wthJ~tI"rvt>'\I_.'""""tl!jll/il1 _______ :....=..L_..______ I' - ':'.., &,.\"I""1~;'~"c!'1flt'NI'MIYorkecm ~~tJ!!!_Z~~.f!._?.. <O;..'f" .'1\l..lelllOn...,w, , ! " ) _ I .., c' ,.0 "',. Co,...-~O\'IIh~IlInP:fJtMlln:1McwlnJ /Y' C7?f'.:.'Ci QI::". ,':". ~Jl ,1'<:;1.' '.so~ I~f\tj lHN1lffj01f'l\ InlIr'Id MOl or i 15mli.~..1!!.nrllootellOntWnd I2Dd.r!ri~k.. V.-:rn 1;.J'jI~ PC. 'w/;1(;l!\I.Ur1\1'lanO<ltllr. ' Gu.I>n\l'x:lllrl1&rll...-!he!'\---.rl.tnIlrnn /<--.. V :e...___~~_ ~~.- "-1':;;" ,-,nlvtolh<l~'"",C"whfinttlfooul"M:Y ____ --__ _.ro___"-___ I. 11''-'''~f~': ~"'i l?t'l hi~ ooh.!f hi h lOU,. wmmmy. 1!/\~orr.rn",mlJl a..."Jn~ tm" . I " 1~.-".I..",'mm""o"II"'.."jhoT~lOIl~n::l LJf.Jen.i5eo L~.,r1d ~>tj"'veLJor:$ !<, rh~ "'''"lfl<>O-~ ofth" londu,," looti- ,. 7 H"','" (;lI<\(~I,l...,,;~ror,i1Il'unlll"mhl. 6Pdta/"1pOI-<7"; I). t. ~ 1""'/.: '. ~ ." ,.....I,.,~I)~1 "l"itt:JII"'n~ /II .IJ""'6<:lUfilI , ~ ~ "r t. eo, . 7/ .'']'11_ i',"../~!c:.I!~.'f)_~/d,_ . .., ffI' -' >'. :'" -/ .'- ~) -" '. ~>', ~'.:Ji: i ! .- . . . , T Southold, N, Y, 11971 . (516) 765-1938 June 22, 1987 Mr. Rudolph H.. Bruer Attorney at Law Edson and Bruer Main Road Southold, NY 11971 Re: Ana G. Sti110 Minor subdivision Dear Mr. Bruer: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, June 15, 1987 RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled "Ana G. Stillo" located at Orient, tax map no .1000-14-2-26 was submitted to the Planning Board on April 20, 1987 and filing fee of $550 was also submitted on April 20, 1987, and WHEREAS, a public hearing was held on said subdivision application and palt at the Town Hall, Southold, New York on Jun el, 1987 at 7:30 p.m, and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivsion plat and application, NOW, therefore, be it RESOLVED that the application of ~na G.. Sti110 for approval of said subdivisino plat prepared by Rod Van Tuyl, and last dated January 29, 1987, be approved and the Chairman be authorized to endorse approval on said subdivision plat, subject to the following conditions w~thin six months from the date of this resolution.. l. Receipt and compliance with the resolution of the Suffolk County Planning Commission. 2. Notice of completion and approval of the access road improvements as per the Board of Appeals decision of April 2, 1987. , . . . -- Mr.. Rudolph H. Bruer Page 2 6/15/87 ----------------------------------------------------------- , , If you have any questions, please don't hesitate to contact our office. Very truly yours, ~ OJ,..~J~dAvY '. BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTH OLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Board of Appeals . . I c.\SffUL/('" PIL.(NNING':IJUA . ~~ ~"I"~ ;...;::, Ie" .....: TO~ 0'. ,SOU WD I S~Y ,ill.. : jc j\"Ci I Southold. N.Y. 11971 (516) 765-1938 January 27, 1988 1 l Mr. Rudolph Bruer, Esq. Main Road Southold, New York Re: Minor Subdivision - Ana G. Stillo I Dear Mr. Bruer: < Enclosed please find the above mentioned subdivision which has received final approval and has been endorsed by the Chairman of the Planning Board. If you have any questions, please feel free to contact our office. Very truly yours, ~Or(o~/~'~ Bennett Orlowski, Jr., Chairman Southold Town Planning Board . ~ .. ",-~ .. . . MINOR SUBDIVISION l. 6 copies sketch plan received V' spot elevations sent to Planning Board - 2. Meet with Planning Board V 3. Required changes sent in writing V 4. New submission received V 5. Approval of sketch plan V 6. Sent letter with resolution approving / 7. Application and fee ~ If corporation, affidavit of ownership / 6 copies of final map Covenants and restrictions Description of property 1/ - Note on plat that sanitation ans water facilities ~ meet County Board of Health specifications Developer attend meeting (official submission) 8. Public Hearing (within 45 days) V Advertised Q Affidavits of publication received V 9. Action by Planning Board (within 45 days) 10. Sent to County Planning Commission r/' ~.~~ " Received County's recommendationst~;~:...- ..- ~ 1l. Filed covenants and restrictions received 12. Authorization and signing of map ~ 7, Jt::tecr zBA lVi-pN s. W\~m~~ if ,. I~ y)o+ fincJJ.~ot. " " "- "1_ _ " 0/1 ..-" ." . . ~,\LL= zq --\.....l. e:,u, ~I N.S-~..:.r;;;> ( Nu",,.. ~o ""Tl:> 'G,P.;;,A. -llNl2e.I1:.;;;' ZE.P e:.1lE.2..YrHIJEf' t:>o -n-Iay fl"'''e.. "Z e.o .... M"ra5S O"'~~ ~)(,.,-rI"'1ti 12.C>.W ;:: __o~~r"::>o~v.:,6rt~:"T - <:'..L,o:O-5 -W'.,.,..... .=,.,.,..... -WAlJ......:TIL~'TO ~~ 4eJ1Z- 1~"UfflCllC.NT" wh::rr>\ 4- .A.x:~. 8(0 , r-..i---.-o l:. .1(~1v ~J""-' (;3 .s ----1 -- Il \,l~ IlL -n...J--^T-' ^ . . - t'" IT'"JI_ " :.17 0"' _~L'ltr T~r~ ~ De:NY ....5"UBt::>NI.510N ~ po MAJra-l"''1 .+- ZM;"'W~j~ .,. /3 hell.- e.l ~f;>S L~ . li:.c>.v..I. R:hi1:- I L.c>T (~ ZgA ~ .3SCL2. t~lio-\ifu) . oJ~ nl~ z.c I-ioT.::i<..l1Z.lC ,..- 'TI-l1ir"'1' !-hC>1,\/G .A~ CII-J l2.o.'..1.~ t:::t>~T WII..... l-44>'lS;""'TC> . c..o/oJc ""W LU~ ~ l2.o.W. 1'"b Nlai\U L.c>r 1 II !'1,t>.y 2>7 ~. o.\tJ. O.K. ~ -ScHIilCUL..E: A I ~I~ COI4ST"eJ.,rc.;n.o,/ S~\) flAy ~L..E.5 @. / CO se.j ~ f'/2ClM ~I.ll( Z8M....~ e:, 1 E'~QuI ee: seD'..,"',""'-""'," ,J. 5I2o""Oo-j c:::ol..!T'l2oL.. wei .llEu oJ MAp' &::> THA' Tl\e'( j 'V~IU- ~ ^C>i-\tUD <1:> DUI2INI.. C-oNS,Tel.>CItc:.-l (e:,U)6.. 1)6"1"'. SKou....D I:;"-Ifbel:."') . r kJUJJE. e.7 '1J.3/~dM ~ ~ ~ ~ - M"~ ~ ~~ U{)())( o>(b-Q .po P6 Cfl.n.n..()t Q.ru.,nc/ . .~~, 2bPt rY\AJJJt. . . ~~~~- ATTORNEYS AT LAW MAIN ROAD. P.O. BOX 1466 SOUTH OLD. NEW YORK 1 1971 LEFFERTS P. EDSON (516) 765-1 222 RUDOLPH H. BRUER (516) 765-2500 - PATRICIAC. MOORE December 7, 1987 Southold Town planning Board Town Hall Main Road ! Southold, N.Y. 11971 Subdivision for Ana G. i Re: Stillo orient, N.Y. Dear Sirs: On behalf of our client, Ana G. Stillo, we respectfully request that I the Board grant a six-month extension of the time permitted for compliance with its June 15, 1987 conditional approval of the above subdivision. The Board's consideration in this matter will be greatly appreciated. Sincerely, a~~~ RHB/df cc: Mr. and Mrs. Frank Stillo RECEIVED BY SOUmOLD IOWll PLANNING BOARU -.DEe 9 1987 DATE . ,. e<f~ ~ fJ8/J<NM< RECEIVED BY ATTORNEYS....T LAW SWIIGLD mvm PlANN/N~BOAII MAIN ROAD - P.O. BOX 1466 __ OV 17 798 .... SOUTHOLD. NEW YORK 1 1971 DATE ~ LEF"F'ERTS P. EDSON (5161765-' 222 RUDOLPH H. BRUER (516) 765-2500 - PATRICIA C. MOORE November 13, 1987 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Minor subdivision of Ana G. Stillo Orient, New York Dear Sirs: Enclosed please find a copy of zoning Board of Appeals decision rendered 10/28/87 granting the relief requested under Appeal #3664, to wit: permission to rescind Condition #2 rendered under the area variances granted 4/2/87 under Appeal #3619, and to rescind the conditions under the access variances granted 12/11/86 under Appeal #3562. This relief is granted subject to 280A acceptance and approval by the Planning Board. For your reference, I am enclosing copies of the zoning Board's decisions of 4/2/87 (Appeal #3619) and 12/11/86 (Appeal #3562). We ask that the Planning Board now consider: l. Our 6/23/87 request (copy enclosed) for an amendment to condition #2 of their 6/15/87 resolution approving this subdivision, to reflect the Board's approval of access over the adjoining (Brokaw) right of way. 2. Our 9/14/87 request (copy enclosed) that the Board override the 8/7/87 decision of the Suffolk County Planning Commission. Your prompt response will be greatly appreciated. Sincerely, (j(~~ RHB/df Encs. cc: Mr. and Mrs. Frank stillo ~~' . . <II "Q\V Southold Town Board of Appeals MAIN ROAO - STATE ROAO 2S SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE (5161 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3664 Application Dated August 26, 1987 TO: Patricia C. Moore, Esq. [Appellant (s) 1 <~dson & Bruer as Attorneys for ANA G. STILLO Main Road Southol d, NY 11971 At a Meeting of the Zoning Board of Appeals held on October 28, 1987, the above appeal was considered, and the action indicated below was taken on your [ 1 Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ 1 Request for Special Exception under the Zoning Ordinance Article , Section [ 1 Request for Variance to the Zoning Ordinance Article , Section [Xl Request for Action to Rescind Prior Decision and Prior Condition of Record (Appl. Nos. 3562 & 3619) Application of ANA G. STILLO for a Variance to rescind prior decision rendered under Appeal No. 3562 On December 11, 1986 for a conditional approval under New York Town Law, Section 280-a, and deleting Condition No. 2 of prior decision rendered under Appeal No. 3619 on April 2 , 1987, and as an alternative being subject to New York Town Law, Section 280-a over the existing right-of-way approximately 100 feet to the east of the subject right-of-way (approved or to be approved and accepted by the Planning Board for this set-off division of land), located along the north side of Main Road, Orient, NY; County Tax Map District 1000, Section 14, Block 2, Lot 26 and Lot 12.2. WHEREAS, a public hearing was held and concluded on October B, 1987 in the Matter of the Application of ANA G. STILLO under Appl. No. 3664, and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question i s a described parcel of land containing a total area of 3.2 acres which extends at the northerly end of a private 20' right-of-way 300.43 from the northerly side of the Main Road. Orient, Town of Southo1d, and is more particularly designated on the Suffolk County Tax Maps as District 1000, Section 014, Block 2, Lot 26. 2 . By this application, applicant requests permission to rescind Condition No. 2 rendered under the area variances granted April 2, 1987 under Appl. No. 3619, and to rescind (CONTINUED ON PAGE TWO) DATED: October 28, 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) . . 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"\lo;"lo. : \" I .' I' ../__ :1 "'=, . 't, . ... \ ' . >'? j-... 'J i': I~ , ~ ',_. , ,I "'\f \. .;._ '" I j . 0 ~,." --c;I.. ' ~ \, V / 'J:()' " 0 01/ 'ff: 11} ". A.. , '" , . ' I -./ I ", , f ! .", ..-' /0 ' . .~~.Zo . ~/' / Amenq(iU:! lJe,c.:. 19..'.~,/JG_ ~~:-....."'~./ I . "--. '----. 98. - ,- '0:- ' .. tiki/! 7. {....... _, _, .- "";. Q...... --;-- .-:--...... ..,. . <:J ~, , . . 3/;,/0 )~'7) (VI if! . ( ( c2'~f ~ .. ~~ ~ fl84'UMt- ~':J llM01 PIO&!\IlOS ",\1"~ ATTORNEYS AT LAW MAIN ROAD '" L8St 96 9mt SCUTHOLD,NEWYORK 11971 LE"ERT5 p, ED&i'~ r\ I 3 ~ .a o:l (S 16) 765-1 222 RUDOLPH H. BR ' (516) 765-2500 August 24, 1987 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 3619 Ana G. Stillo Dear Sirs: Please accept this letter as our formal application requesting a modification of the action taken by the Board on April 2, 1987. On that date, -the above-referenced appeal was granted conditional approval. I am enclosing a copy of that approval for your reference. We hereby respectfully request that the second of the three conditions listed ("Conditions rendered under Appeal No. 3562 concerning the pending 280-A status") be modified by reason of the availability of an alternate, approved access to the lots in this subdivision. I enclose herewith a copy of deed recorded in Liber 9857 cp 181, made by Frank stillo to Bennett Brokaw. Please refer to Schedule A therein which describes the right of way reserved in favor of property owned by Ana Gregori Stillo. I have also delineated same on a copy of the approved subdivision map. 280-A access over this right of way has been granted by the Town Planning Board under application of ,Brokaw, the road improvements inspected and approved. Our clients will utilize this approved access to service the subject property. Improving the access under Appeal No. 3562 is no longer necessary or desirable. In addition, by not improving same there will be one less curb cut along State Road #25. c. . , " . ~.. ' -,\-. - . 4 oJ! .' FILE I"\()"~~' l . ': '.J I:. . "!'.; '. .: -.: " Southold, N,Y, 11971 (516) 765-1938 August 17, 1987 Mr, William Price, Esq. Attorney at Law 828 Front Street Greenport, NY 11944 Re: Minor Subdivision for Frank Stillo at Orient SCTM # 1000-14-2-30, Dear Mr. Price: Th~-following action was taken by the Southold Town Planning Board, Monday, August 10, 1987, RESOLVED that the Southold Town Planning Board accept the final inspection report from the Enginee~ing Consultants, Sidney Bowne, approving the access road within the minor subdivisic of Frank Stillo, now Brokaw, et. al. , SCTM ~ 1000-14-2-30, Enclosed is a copy of the report for your information. "-_.- If you have any questions, please don't hesitate to contact our office. Very truly yours, ~~~0l42~~~~~~~ SOUTHOLD TOWN PLANNING BOARD i By Diane M, Schultze, Secretary enc. -- I ~. i .. . . ...'j."'.,,'. tf . ':,U'~" . - Appea 1 No. 3 ~ ter of ANA G. STILL Decision Rendered April 2, 1987 4. Town records show that the subject 3.2-acre parcel was conveyed to the applicant on July 20, 1983, Liber 9393 cp 136. 5. The amount of relief requested as to the total area of each proposed parcel is .1288% of the requirements, or 10,304 sq. ft., and as to lot width .1143% of the requirements, or 20~ feet of each proposed parcel. 6. Itis noted for the record that: (a) by letter dated :1u.f~:-::2t ~g:::;, :~G N.Y.S. Dapiartment of EIl'virllhme'ltal Cuil~t::r''''<1~jun " waived jurisdiction; (b). the Suffolk Countyl Department of Health ' -"'Serv"icesapproved this .division "as revised March 9,1987 and ' October 21, 1986; (c) an application is pending before the Southold Town Planning Board for a minor subdivision which has not as of this date been finalized. -- ;, ,.}. It is also noted for the record that: (a) the subject' prem.ises' received a conditional 'approval of access as rendered under Appeal No. 3562 December 11, 1986 for Ana G.Stillo; and ,asofthi,s, date, the necessary improvements for acceptance have ' not been done; and (b) premises to the,east consist of two minor subdivisi6nsfinalized prior to the enactment of the 80,000 sq., ft. minimum lot' area requirement; to wit: the most northeasterly: five-lot,subdivisiOn (approved November 29~ 1972, Frank Stillo), and the~.outheasterly three-lot minor subdivision (approved June 12, ...1979. P. S.ledjeskf). ' h ,.c'....,:,. ..'. I~~.onsidering this appeal, the board also finds and determi nes: (a) ,the percentage of reI ief requested as amended 'is not'substantial.beinga'variance of approximately 12% of the requi rements;/ ,(b)" theci rcumstances of the property are . uniqUe;,"(c) therewi11{not be a substantial change in the ::>character':'Of theneighb6rhood;:;c;Hd)therelief requested is ", not 'unreasonable under: 'thE('CirCiinistances;"(e) there is no ot methodfeasi bleforappe11 ant to pursue other than the vari ances ' requested; '(f) in view of'the manner .in which the difficulties arose and. in cons i,deri ng a 11 the above factors, the i ntere s ts of , justice will be served by allOWing the variance, as conditionally noted below. .:Accord'ingly. on motion by Mr; Sawicki, second'ed by Mr. Goehri nger, j twas . ifu -Aru6, October 1~, I~H7 ~Illo Ns. Patricia Hoare oJ Oylik\f Edson & Brue r ~ Hain Road P.O. Box 1466 Southold, NY 11971 ---- Dear Hs. Hoare: Subdivision Plan Route 25, Orient Your October ~, 1987 Submissioll The subject material will be reviewed by Hr. Francis Harcellaro of my staff. He can be contacted at (516) 360-6020 if you have any questions. Thank you for your cooperation concerning this matter. Very truly yours, T. C. HOE ~ Regiona Traffic Engineer cc: Ms. Valerie Scopaz"f TCH:JH:JlT 'RECEIVE[) BY sour1fdt2~jJ~~:~rtV OM~ I . .!C;" (') " ~~~~~ ATTORNEYS AT LAW MAIN ROAD ~ P.O. BOX 1466 SOUTHOLO, NEWYQRK 1 1971 LEFFERTS P. EDSON (516) 765-1222 RUDOLPH H. BRUER (516) 765-2500 - September 14, 1987 PATRICIA C. MOORE Bennett Orlowski, Jr. , Chairman . Southold Town Planning Board Town Hall Main Road southold, New York 11971 Re: Subdivision for Ana G. stillo Orient, N.Y. Dear Mr. Orlowski: In response to your letter of september 11, 1987 (copy enclosed), we hereby respectfully request that the Southold Town Planning Board override the 8/7/87 decision of the Suffolk County Planning Commission with respect to this property division, for the following reasons: l. The subdivision parcels, as you are aware, are not landlocked. We have approved 280-A access under Appeal t3562. 2. The county of Suffolk is apparently unaware of our absolute right over the adjacent right of way, which is the sUbject of our current application for a modification of previous Appeal 13562. Thank you for your kind attention to this matter. and Mrs. Frank Stillo RECEIVED BY SOUTHOLD TOWN PlANNING BIlARn ~ DATE - \., . . .. LD 1-~ Southold, N,Y, 11971 (516) 765-1938 September II, 1987 Mr. Rudolph Bruer, Esq. Main Road Southold, New York 11971 Re: Minor Subdivision - Ana G. Stillo Dear Mr. Bruer: Enclosed is a copy of the resolution from the Suffolk County Planning Commission with regard to the above mentioned proposal. As you know, the Planning Board may override this decision if supporting reasons are submitted. If you have any questions, please feel free to contact our office. Very truly yours, BUYl.nU..:l::i. I}) 0 ClJ.)~,l)Il. BENNETT ORLOWSKI, JR. CHAIRMAN go SOUTHOLD TOWN PLANNING BOARD RECEIVED BY sau"!'"! n rr""i rp""l BOARD lil~l..... "',;" l...."."lnll - SEP161987 DATE , - ~NTY OF SUFFOLK . " # . , G) RECEIVED BY SuUlll\JUllililll ili"iiING BOARD Michael A. LoGrande SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRECTOR Of" PLANNING August 7, 1987 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision - Ana G. Stillo Approximately 200 feet to the northeast of the intersection of Main Road, New York State Route 25, and Bight Road, Orient, New York.. Dear Mr.. Orlowski: The Suffolk County Planning Commission at its regular meeting on August 5, 1987 reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Ana G. Stillo referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to disapprove said map for the following reasons: The proposed subdivision will result in the creation of two landlocked parcels; that is, parcels that do not have frontage on an existing or proposed public road. The creation of such lots is contrary to good subdivision layout principles and creates problems as far as access by emergency and service equipment is concerned.. This lack of access could result in health, safety and welfare problems for the future residents of the landlocked lots, not to mention potential disputes over the use and maintenance of any right-of-way over an adjacent parcel that may be created for the purpose of access. Creation of the landlocked lots also places the Zoning Board of Appeals in the awkward position of having to grant a building permit for the lots under Section 280-a of the Town Law as the future owners of the landlocked lots cannot be held responsible for the landlocked nature of their parcels. Very truly yours, Lee E. Koppelman Director of Planning by d0~ L). bJltc/ Charles G. rind, Chief Planner Subdivision Review Division File: S-SD-87-1S GGN:mb Enc!. : Map cc: R. Villa, P.E., SCDHS VETERANS MEMORIAL HIGHWAY HAUPPAUGE. Lt. NEW YORK 1 '7ee 1!518J380_St82 -- ~ . . r Southold Town Board of Appeals MAIN ROAD. STATE ROAD 25 SOUTHOLD, L.t., N.,Y. 11971 TELEPHONE (516) 765,1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3664 Application Dated August 26, 1987 TO: P t ' . C M E [Appellant (s)) a rlcla . oore, sq, _~dson & Bruer as Attorneys for ANA G. STIllO Main Road Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on October 28, 1987, the above appeal was considered, and the action indicated below was taken on your [) Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [) Request for Special Exception under the Zoning Ordinance Article , Section . [) Request for Variance to the Zoning Ordinance Article , Section [X) Request for Action to Rescind Prior Decision and Prior Condition of Record (Appl. Nos. 3562 & 3619) Application of ANA G.. STIllO for a Variance to rescind prior~ecision rendered under Appeal No. 3562 on December 11, 1986 for a conditional approval under New York Town law, Section 280-a, and deleting Condition No.2 of prior decision rendered under Appeal No. 3619 on April 2, 1987, and as an alternative being subject to New York Town law, Section 280-a over the existing right-of-way approximately 100 feet to the east of the subject right-of-way (approved or to be approved and accepted by the Planning Board for this set-off division of land), located along the north side of Main Road, Orient, NY; County Tax Map District 1000, Section 14, Block 2, lot 26 and lot 12.2. WHEREAS, a public hearing was held and concluded on October 8, 1987 in the Matter of the Application of ANA G. STIllO under Appl. No. 3664, and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony ,recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is a described parcel of land cont,aining a total area of 3.2 acres which extends at the northerly end of a private 20' right-of-way 300.43 from the northerly side of the Main Road, Orient, Town of Southold, and is more particularly designated on the Suffolk County Tax Maps as District 1000, Section 014, Block 2, lot 26. 2. By this application, applicant requests permission to rescind Condition No.2 rendered under the area variances granted Apri 1 2, 1987 under Appl. No. 3619, and to resci nd (CONTINUEO ON PAGE TWO) DATED: October 28, 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) -....... ,i . . . Page 2 - Appl. No. 3664 Matter of ANA G. STILLO Decision Rendered October 28, 1987 the conditions under the access variances granted December 11, 1986 under Appl. No. 3562. 3. As an alternative to the above conditions, the applicant wi 11 proceed with the Planning Board for approval under New York Town Law, Section 280-a, Over a nearby right-of-way situated approximately 100 feet of the previous right-of-way. The alternative right-of-way appears to have beeri under the purView of the Planning Board in other minor subdivision projects. ACCOrdingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT the relief requested in the Matter of ANA G. STILLO under Appl. No. 3664, SUBJECT TO THE FOLLOWING CONDITION: Acceptance and approval by the Planning Board under New York Town Law, Section 280-a, as agreed, for this two-lot set-Off/division of land in lieu of the above-mentioned Board of Appeals Conditions, Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. * * * 1 k Av.:4e~~.t.~~~~, GERARD P. GOEHRINGER, C IRMAN -'-., . '- . ~ . << . Southold Town Board of Appeals MAIN ROAD. STATE ROAD 2S SOUTHDLD. L.I.. N.Y. 11971 TELEPHONE 15161 765.1609 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3619 Application Dated March 5, 1987 TO: . Patricia C. Moore, Esq. [Appellant (s) J Edson & Bruer as Attorneys for ANA G. 'STIllO Main Road Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on April 2, 1987 the above appeal was considered, and the action indicated below was taken on your [ J Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ J Request for Special Exception under the Zoning Ordinance Article , Section . [ XJ Request for Variance to the Zoning Ordinance Article III, Section 100-31, Bulk Schedule [ J Request for Application of ANA G. STIllO for Variances to the Zoning Ordinance, Article III, Section 100-31, BUlk Schedule, for approval of insufficient lot area, width and depth of two parcels in this pending division located on a private right-of-way extending off the north side of Main Road, Orient; NY; County Tax Map District 1000, Section 14, Block 2, lot 26, containing 3.2 acres total. WHEREAS, a public hearing was held and concluded on Apri~ 2, 1987 in the Matter of the Application of ANA G. STIllO under Appeal No. 3619; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted conCerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the fOllowing findings of fact: 1. The premises in question is a described parcel of land con- taining a total area of 3.2 acres which extends at the northerly end of a private 20' right-of-way 300.43 feet from the northerly side of the Main Road, Orient, Town of Southold, and is more particularly designated on the Suffolk County Tax Maps as District 1000, Section 014, Block 2, lot 26. 2. The entire premises is Vacant. 3. This is an application requesting: (a) approval of the proposed insufficient lo~ area and width of lot #1 of 1.6 acres, (or 69696 sq. ft.) and 155 ft., respectively; (b) approval of the proposed insufficient lot area and width of lot #2 of 1.6 acres, (or 69696 sq. ft.) and average width of 153.50 ft. (CONTINUED 'ON PAGE TWO) DATED: April 2, 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81' . - . ." .'"2 - Appea 1 No. 3( ~ .dtter of ANA G. STI LLO Decision Rendered April 2, 1987 4. Town records show that the sUbject 3.2-acre parcel was conveyed to the applicant on July 20, 1983, Liber 9393 cp 136. 5. The amount of relief requested as to the total area of each proposed parcel is .1288% of the requirements, or 10,304 sq. ft., and as to lot width .1143% of the requirements, or 20I feet of each proposed parcel. ,6. It is noted for the record that: (a) by letter dated March 12, 1987, the N.Y.S. Department of Environmental Conservation waived juriSdiction; (b) the Suffolk CountY/Department of Health Services approved this division as revised March 9, 1987 and October 21, 1986; (c) an application is pending before the Southold Town Planning Board for a minor subdivision which has not as of this date been finalized. 7. It is also noted for the record that: (a) the subject premises received a conditional approval of access as rendered under Appeal No. 3562 December 11, 1986 for Ana G. St ill 0; and as of this date, the necessary improvements for acceptance have not been done; and (b) premises to the east consist of two minor subdivisions finalized prior to the enactment of the 80,000 sq. ft. . minimum lot area requirement, to wit: the most northeasterly five-lot subdivision (approved November 29, 1972, Frank Stillo), and the southeasterly three-lot minor subdivision (approved June 12, 1979, P. Sledjeski). In considering this appeal, the board also finds and determines: (a) the percentage of relief requested as amended is not substantial, being a variance of approximately 12% of the requirements; (b) the circumstances of the property are unique; (c) there will not be a substantial change in the character of the neighborhood; (d) the relief requested is not unreasonable under the circumstances; (e) there is no other method feasible for appellant to pursue other than the variances requested; (f) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr.. Goehringer, it was RESOLVED, to APPROVE the insufficient lot area and width of proposed Parcels #1 and #2 of 69695 sq.. ft. and 153.50I feet, respectively, as applied in the Matter of the Application of ANA G. STILLO under Appeal No. 3619, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No lot-line changes or adjustments as to lot area/width; 2. Conditions rendered under Appeal No. 3562 concerning the pending 280-a status; 3. This variance is temporary for a maximum period of two years, except where the pending division of land has been finalized by all involved agencies ~ the parcels have been transferred by deed or other legal document to reflect the subdivision lot lines accordingly. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. * * * 1 k G~~C~~N' April 7, 1.987 " ~, · II . Southold Town Board of Appeals MAIN ROAD. STATE ROAD 2S SOUTHOLO, L.r.. N.Y. 11971 TELEPHONE (5161 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3562 Appl.tcation Dated October 2, 1986 TO: Mrs. Patricia C. Moore [Appellant(s)) RUdolph H. Bruer, Esq. as Attorney for ANA G. STILLO Main Road Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on December 11, 1986, the above appeal was considered, and the action indicated below was taken on your [X] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [] Request for Special Exception under the Zoning qrdinance Article , Section ~] Request for Variance to the Zoning Ordinance Article III, Section 100-31, Bulk Schedule [] Request for APPlication of ANA G. STILLO for Variances; (1) to the Zoning Ordinance, Article III, Sectlon 100-31, for approval of insufficient lot area, width and depth of three parcels in this pending Minor Subdivision, and (2) to New York Town Law, Section 280-a for approval of access Over private right-of-way extending from the north side of Main Road to the premises in question. Location of Property; ROW off the North side Mai n Road, Orient, NY; County Tax Map District 1000, Section 14, Block 2, Lot 26, containing 3,2 acres total. WHEREAS, a public hearing was held and concluded on November 20, 1986 in the Matter of the APPlication of ANA G. STILLO under Appeal No, 3562; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact; 1. The premises in question is a described parcel of land containing a total area of 3.2 acres which extends at the north end of a 20' right-of-way 300.43 feet from the north side of the Main Road, Orient, Town of Southo1d, and is more particularly designated on the Suffolk County Tax Maps as District 1000, Section 014, Block 2, Lot 26. 2. The entire premises is vacant. 3. This is an application requesting; (a) approval of the proposed insuffi cient area of proposed Parcel #1 of 1.2 acres, or 52,272 sq. ft.; Parcel #2 of 43,560 sq. ft. (1.0 acre); and Parcel #3 of 43.560 sq. ft. (1.0 acre); and eac~ having an insufficient average depth [east-west] of 157i feet, and (b) approval of access Over a 20-ft. (CONTINUED ON PAGE TWO) DATED: December 11, 1986. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) . . ~ ~ - . Page 2 - Appeal No. 3562 Matter of ANA G. STILLO Decision Rendered December 11. 1986 wide right-of-way extending 300.43 from the north side of the Main Road to the beginning of the 3.2-acre parcel. 4. Town records show that the sUbject 3.2-acre parcel was conveyed to the applicant on July 20. 1983. Liber 9393 cp 136. 5. Variances of 27.600 sq. ft.. or 34.5% of the minimum lot area requirement of 80.000 sq. ft. (adopted ~/ May 20. 1983) for proposed Lot #1. and 35.200 sq. ft. 'C-~. or 44% for each of the remai ni ng two proposed parcel s. ,.:'(~". are requested. The percentages requested are substantial ._ in relation to the zoning requirements. 6. It is noted for the record that: (a) by letter dated April 24. 1986. the N.Y.S. Department of Environmental Conservation waived jurisdiction; (b) the Suffolk County Department of Health Services approved this three-lot division O~tober 21. 1986; (c) an application is pending before the Southold Town Planning Board for a minor subdivision which has not as of this date been finalized. 7. It is further noted for the record that premises to the west (Malis) consists of 10+ acres. Premises to the east are two minor subdivisions finalized prior to the enactment of the 80.000-minimum lot area requirement. to wit. the most northeasterly five-lot minor subdivision (approved November 29. 1972. Frank Stillo). and the southeasterly three-lot minor subdivision (approved June 12, 1979, P. Sledjeski). Properties further east thereof vary from four to nine acres. or more. 8. With reference to the request for approval of access pursuant to New York Town law. Section 280-a. it is the opinion of this board that improvements over the 20-ft. wide right-of-way are necessary and are further stipulated, infra. It should be understood that the conditional approval of access is to the premises as a whole (3.2 acres). In considering this appeal, the board also finds and determines that the area variances requested must be denied since: (a) the percentage of relief requested I is substantial. being a variance of 34.5% and more of the requirements; (b) the circumstances are not unique; (c) there would be a substantial change in the character of the neighborhood. setting a precedent for similiar situations in the area; (d) the relief requested is not the minimal necessary; (e) there is a method feasible for appellant to pursue other than the variances requested; (f) this project is not consistent with the spirit and intent of the zoning ordinance; (g) in view of the manner in which the difficulty arose and in considering all the above factors, the interests of justice will be served by denying the variances as applied, Accordingly, on motion by Mr. Douglass. seconded by Mr. Sawicki. it was . . ~ ~ Page 3 - Appeal No. 3562 Matter of ANA G. STILlO Decision Rendered December 11, 1986 RESOLVED, to DENY the area variances requested for the three proposed-parce1s; and be it further RESOLVED, to GRANT Approval of Access pursuant to New York Town Law, Section 280-a over the 20-foot wide right-of-way extending from the north side of the Main Road a distance of 300.49 feet to the northwesterly section of the sUbject 3.2-acre premises, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the applicant's 1e9al right to use this 20-ft. wide right-of-way be in full force and effect; 2 .''___Jh a-t--t-h'i-s--a,~va 1 0 f acces s is gran ted for C':"o-rre-d'w'ell in\! (03:te__J,oJ) nd shall not be recognized as approval of access for any other dwellings; 3. That the right-of-way be cleared and improved a full la-feet in width as follows: Excavate 12" deep (or to sand) and replace with bank run containing a 20% stone content, and add two inches (2") of stone blend or crushed concrete as top layer. 4. Final acceptance of improvements to be made as authorized by the Board of Appeals, and if inspected and approved by the BUilding Inspector, a copy of his written report and acceptance to be submitted to the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. This resolution was duly adopted. (Member Grigonis was absent due to illness,) * * * lk ~~~~ GERARD P. GOEHRINGER,' IRMAN - December 16, 1986 , . . RECE!VEDB'f ~~ ~ pg~ SGUlHuLOlhid' r 1.II111\ING BOARD. me.NE.... AT LAW . ~ G 1987 __ MAIN ROAD ---J\\JU 'E SOUTHOLD,NEWYORK 11971 DAT LEFFERTS P. EDSON (516) 765-1222 (516)765.2500 RUDOLPH H. 8RUER August 24, 1987 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 3619 Ana G. Stillo Dear Sirs: Please accept this letter as our formal application requesting a modification of the action taken by the Board on April 2, 1987. On that date, the above-referenced appeal was granted conditional approval. I am enclosing a copy of that approval for your reference. We hereby respectfully request that the second of the three conditions listed ("Conditions rendered under Appeal No. 3562 concerning the pending 280-A status") be modified by reason of the availability of an alternate, approved access to the lots in this subdivision. I enclose herewith a copy of deed recorded in Liber 9857 cp 181, made by Frank stillo to Bennett Brokaw. Please refer to Schedule A therein which describes the right of way reserved in favor of property owned by Ana Gregori Stillo. I have also delineated same on a copy of the approved subdivision map. 280-A access over this right of way has been granted by the Town Planning Board under application of Brokaw, the road improvements inspected and approved. Our clients will utilize this approved access to service the subject property. Improving the access under Appeal No. 3562 is no longer necessary or desirable. In addition, by not improving same there will be one less curb cut along State Road #25. . . . . . Southold Town ZBA -2- August 24, 1987 Please modify condition #2 of your decision under Appeal No. 3562 to indicate the desired access. Our check in payment of your application fee ($150.00) is enclosed. Kindly schedule this application to be heard at your earliest available meeting date. Sincerely, Rudolph H. Bruer RHB/df , Encs. ~ cc: Southold Town Planning Board Mr. and Mrs. Frank Stillo . , D Southold, N,Y. 11971 (516) 765-1938 July 6, 1987 Mr. Charles G. Lind Chief Planner Subdivision Review Section Suffolk County Department of Planning Veterans Memorial Highway Hauppauge, New York 11788 Dear Mr. Lind: In response to your correspondence of April 23, 1987, enclosed are 3 surveys amended to show bearings on all lot lines. This should complete the file for the commissions review. If you have any questions, please don't hesitate to contact out office. Very truly yours, '13tnuu..tL 81--ltm.$, f)( () BENNETT ORLOWSKI, JR. CHAIRMAN f} SOUTHOLD TOWN PLANNING BOARD By Joan Davis . . - ~~ -a' $~ ATTORNEYS AT L....W MAIN ROAD " SOUTHOLO. NEW YORK 11971 LEFf'ERT& P. EDSON IS 161765-1222 RUDOLPH H. BRUER (516) 765-2500 June 23, 1987 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Minor subdivision of Ana G. Stillo Orient, New York Dear Sirs: With respect to the Board's resolution of, 6/15/87 (copy enclosed) and, specifically, condition listed as '2 therein, please be advised that it is the intention of the owner of this property to utilize the right of way shown on the subdivision map as running northerly from the Main Road and along the easterly side of the SUbject premises, across land now or formerly of Brokaw. Our client's right to utilize said right of way is set forth in deed made by Frank Stillo to Bennett Brokaw, dated August 9, 1985, recorded in the Suffolk County Clerk's office on August 22, 1985, in Liber 9857 at page 181. A copy of said deed is enclosed for your reference. On the basis of the above, we would appreciate an amendment to condition '2 of your 6/15/87 resolution, reflecting your approval of access to the subject subdivision lots by way of the adjoining right of way, as and when the improvements required by the Southold Town Planning Board (under its conditional approval of the Brokaw SUbdivision) have been satisfactorily completed and approved. Sincerely, Rudolph H. Bruer RHB/df Encs. cc: Mr. and Mrs. Frank Stillo , --,. ~~,g-~~ . 4~r2U~H~R~~~ ~ #X-CC~~ MAINRDAD ~~ SDUTHDLO.NEWYORK 11971 LEF' R p, EOSDN ~ " /1..1'; f ~ . (50 16) 7650-1222 RU OLPH H. BRUER (50 16) 765.2500 August 4, 1987 RECE.VW BY SGti1hul\J I~III\ IlJli{[m~11 BO~RO AUG 07 1987 DAlE Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York ll971 Att: Linda F. Kowalski, Board Secretary Re: Appeal No. 3619 /11- ,J - :2() Ana G. Stillo '1 I'd, /.. "7 Orient, N.Y. I I Dear Linda: /1'- /-/';<,cZ With regard to the conditions of the Z.B.A.'s April 2, 1987 resolution to approve the above appeal application, we respectfully request that the Board consider the removal of condition 12 therefrom. It is no longer our client's intention to utilize the subject right of way to access this property. Alternative access (shown on the enclosed copy of the subdivision plan) is available to service both lots, rendering the subject access superfluous and theimprov~ments to same unneccessary. Please advise as to the procedure you would recommend we follow in order to obtain the Board's approval of this amendment to the above mentioned 4/2/87 resolution. Sincerely, Rudolph H. Bruer RHB/df Enc. cc: Mr. and Mrs. Frank Stillo Southold Town Planning Board ~ '~~~~-'--------- - - --- - -,---- '------------------. ') !I' . ~, .II~ ~r.~~ cJhf~~~~~ ~JI1~ 1/- S' - ,/ /- r'- ~ .' ~ ~. .%/f' ~~.~ ~: /rk~r, I~/ /j" [>1 ~~r-i;;:-~,/~ .H'.~/ ~~~ ~_ .8- ~4~~ ~ .2 -,8 ~~-_ ~~~4H-t'~~~ /~~~~ [.~~~~~~~~- i.7k/~ rS- ~~~--?~~ I~ ,..~~ I.~ . ~~tCj-d~~ I..~ ~Z~,~ [~ tick ~A'lI-:/~"'" ~ . /' i ~~~ _ 7~/nr~ Ii ~cf'~ ~ ~///c. [. PL';:x:-L.... ~ ~ i,g '~~. ~/;. ~ ~~ ~ ,~~~ , '- [~, ~~.~ /~ I../~. ~ _~ ~/~~crx-L~"I:--' ~ [~ ,~J /c---_..-'.n ~--4~~~ I.~ ~r ,,' --J, /~ i~H~~ .~ ~ . . D T LD Y Southold, N,Y. 11971 (516) 765-1938 September 11, 1987 Mr. Rudolph Bruer, Esq. Main Road Southold, New York 11971 Re: Minor Subdivision - Ana G. Stillo Dear Mr. Bruer: Enclosed is a copy of the resolution from the Suffolk County Planning Commission with regard to the abovementioned proposal. As you know, the Planning Board may override this decision if supporting reasons are submitted. If you have any questions, please feel free to contact our office. Very truly yours, -Be.sY1.n<...O..: G-~.::i.kiJ l)II, BENNETT ORLOWSKI, JR. CHAIRMAN QO SOUTHOLD TOWN PLANNING BOARD C~TY OF SUFFOLK . (j RECEIVED BY SUUllIUliJ Ill\ii\ rLhl\IIING BONll Michael A. LoGrande SUFFOL.K COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRECTOR OF PLANNING August 7, 1987 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision ... Ana G. Stillo Approximately 200 feet to the northeast of the intersection of Main Road, New York State Route 25, and Bight Road, Orient, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on August 5, 1987 reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Ana G. Stillo referred to it pursuant to Section AI4-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to disapprove said map for the following reasons: The proposed subdivision will result in the creation of two landlocked parcels; that is, parcels that do not have frontage on an existing or proposed public road. The creation of such lots is contrary to good subdivision layout principles and creates problems as far as access by emergency and service equipment is concerned. This lack of access could result in health, safety and welfare problems for the future residents of the landlocked lots, not to mention potential disputes over the use and maintenance of any right-of-way over an adjacent parcel that may be created for the purpose of access. Creation of the landlocked lots also places the Zoning Board of Appeals in the awkward position of having to grant a building permit for the lots under Section 280-a of the Town Law as the future owners of the landlocked lots cannot be held responsible for the landlocked nature of their parcels. Very truly yours, Lee E. Koppelman Director of Planning by CIimIu q. kcl Charles G. ~ind, Chief Planner Subdivision Review Division File: S-SD-87-15 GGN:mb Enc!. : Map cc: R. Villa, P.E., SCDHS VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.t.. NEW YORK 11 78. IS 1 fSl 380-5182 . . ~~~ gg~ ATTORNEYS AT LAW MAIN ROAD 50UTHOLO. NEW YORK I 1971 LEf"F"ERTS P. EDSON (516)765'1222 RUOOLPH H. BRUER (516) 765.2500 August 4, 1987 RECE'vW BY SGU1\\GlU 1\).,,1 IlJIi\m~G BO~RO AUG 07 19B7 DATE Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Att: Linda F. Kowalski, Board Secretary Re: Appeal No. 3619 Ana G. Stillo Orient, N.Y. Dear Linda: With regard to the conditions of the Z.B.A.'s April 2, 1987 resolution to approve the above appeal application, we respectfully request that the Board consider the removal of condition '2 therefrom. It is no longer our client's intention to utilize the subject right of way to access this property. Alternative access (shown on the enclosed copy of the subdivision plan) is available to service both lots, rendering the subject access superfluous and the improvements to same unneccessary. Please advise as to the procedure you would recommend we follow in order to obtain the Board's approval of this amendment to the above mentioned 4/2/87 resolution. Sincerely, Rudolph H. Bruer RHB/df Enc. cc: Mr. and Mrs. Frank stillo Southold Town Planning Board ~ . . ~~ ad f1&4'aML ATTORNEYS AT LAW RECEIVED BY MAIN ROAD SOUTHOLO.NEWYORK 11971 so,o~(o, PlAl'~~lM'" LEFF"ERTS P. EDSON (S 16) 765-1 222 RUDOLPH H. BRUER DATe (516) 765-2500 June 30, 1987 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Att: Diane Schultze, secretary Re: Minor Subdivision for Ana G. Stillo Orient, New York Dear Diane: Pursuant to your direction, we enclose herewith six (6 ) survey prints of the subject property which have been amended to conform with the requirements of the Suffolk County Planning Commission. Please verify that condition '1 of your 6/15//87 resolution has now been satisfied. May we have the Board's comments regarding our request of June 23rd for an amendment to condition '2 of your 6/15/87 resolution. Sincerely, ~~u~~ RH /df Enc. cc: Mr. and Mrs. Frank Stillo . -- . . . ~~ ~ fl84<aM< ATTORNEYS AT LAW ~EIVED-BY MAIN ROAD SOUTHOLD,NEWYORK 11971 WUTHuLD 1 OV, Ii PLANll1NG BOARD LEf"f"ERTS P. EDSON JlJ1~- {.Jet r~Z(S16'76S"222 RUDOLPH H. BRUER ,. .. ^... r>~)..i- _-~ (51 ISo) 765-2500 June 23, 1987 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Minor subdivision of Ana G. Stillo Orient, New York Dear Sirs: With respect to the Board's resolution of 6/15/87 (copy enclosed) and, specifically, condition listed as '2 therein, please be advised that it is the intention of the owner of this property to utilize the right of way shown on the subdivision map as running northerly from the Main Road and along the easterly side of the subject premises, across land now or formerly of Brokaw. Our client's right to utilize said right of way is set forth in deed made by Frank Stillo to Bennett Brokaw, dated August 9, 1985, recorded in the Suffolk County Clerk's office on August 22, 1985, in Liber 9857 at page 181. A copy of said deed is enclosed for your reference. On the basis of the above, we would appreciate an amendment to condition '2 of your 6/15/87 resolution, reflecting your approval of access to the subject subdivision lots by way of the adjoining right of way, as and when the improvements required by the Southold Town Planning Board (under its conditional approval of the Brokaw sUbdivision) have been satisfactorily completed and approved. Sincerely, cf.M~~ruf~~ R B/df Encs. cc: Mr. and Mrs. Frank Stillo V\ ~~ CrfP \J)--? ~ 'lanOua .....t,ts,I_C. form ~..(r:-lU.l,f. 'l.Iargam ~"u :'~I~ Uceo, ....lln Lu\nlanl Olj(OlllUI {.;'ilIHO,'1 ACll-!nlh>itlu.1 ur Lorl',-'rallon. , O::ONSULT YOUR LAWYER IEFORE SI.CO THIS INSTRUMINT, THIS INSTRUMENT S.D IE USED BY LAWYERS ONLY THIS INDENTURE, made the 9th day of August , nineteen hundred and eighty-five BETWEEN Frank Stillo residing at Montebello Road, Suffern New York 10901 - ft34J-lOCO g- -.:2:1. - ~5 -z18b'e. 1f'57 ~ACL /,5'; party of the first part, and ~oiamisei !oaa aui~~e New Yor~ 11978 Bennett Brokaw, residing at (Noh) Q Q~.~ - ~' ~_ ~~ ~~~-iGa€, ' 1\ew York 11978, and as nominee II party of the second part, WITNESS Ern, that the party of the first part, in consideration of i - - - - - TEN - - - - - - _ dollars, II lawful money of the United States, paid II by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assign~ of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE ATTACHED SCHEDULES itA" DESCRIBING PARCELS "All, "B" and "ell I , I I i Ii Ii Ii Ii ~ ~,-I: I' . . Title No...~..~.~!,~~,~~,~....... SCHEDULE A -- PAHCEL "A" ALL that certain plot, piece or parcel of land, situnt", lying and being at Orient. Town of Southold, County of Suffolk and State of New York, bounded . and described as follows: REGINNING at a point of intersection of the northel'ly line of land, of the party of the first part, the easterly line of land of Hose, Hnd the southeJ'ly line of land of Stillo; RUNNING THENCE along said land of Stillo, North 86 degrees, 29 minutes 40 seconds East286,76 feet to land of Pappas; THENCE along said land of Pappas South 8 degrees 03 minutes East 207.67 feet to land of Moisa; THENCE along said land of Moisa, North 74 degrees 39 minutes West, 118.75 feet to other land of said party of the first part; THENCE along said other land, North 86 degrees 41 minutes, west 192.18 feet; THENCE along other land of said party of the first part and said land of Rose, North 3 degrees 30 minutes 20 seconds West, 145.83 feet to the point or place of BEGINNING. For conveyancing only, I Together with all right, title and interest of, in and to any streets and if intended to be conveyed, ( roads abutting the above described premises, to the center line thereof 221!t-l <;:I:"TI"IC"'TI: "NO "E"O"" 0" TITLE NEW YO,"'" . . Title No.......???!..~~~,~~, SCHEDULE A ,- PARCEL "B" ALL that certain plot. piece or pal'cel of land, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York, bounded and described . as follows: BEGINNING at a point on tile northerly line of Main Road at the southwesterly corner of the premises herein described, and the southeasterly corner of land of Biniley; RUNNING THENCE along said land of Binzley, North 0 degrees 03 minutes 10 seconds East, 300.43 feet to land of Rose, two courses: (J) South 80 degrees 02 minutes 40 seconds East, 30.20 feet; THENCE (2) South 68 degrees 10 minutes 20 seconds East; 152.0 feet to the westerly line of a 30 foot right of way; THENCE along said westerly line, two courses: (J) South 3 degrees 30 minutes 20 seconds East, 79.83 feet; THENCE (2) South 23 degrees 00 minutes West 220.13 feet to the northerly line of Main Road; THENCE along said northerly line, North 64 degrees 10 minutes 10 seconds West 100,0 feet to the point of BEGINNING. For conveyaru:ing only. l Together with all right, title and interest of. in and to any streets and if inlended to be conveyed. roads abulling the above described premises, \0 the center line thereof 221So1 crPlT,"'CATE AND "t:~o.'T 0" TITl,_E_NlW YO"K . . . , G 621 848-S Title No.............,........... PARCEL "e" scmmULE A , , ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Orient, in the Town of Southold. County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the southwest corner of the hereinafter described parcel the following 4 courses and distances from a point on the northerly side of Main Road where the same is intersected by the division line between the eas terly side of land now or formerly of C. Binzley and the westerly side of land now or formerly of Peter Sledjeski: (I ) along said division line North I degree 03 minutes \0 seconds East 300.43 feet to land now or formerly of Charles Rose; (2) along said land South 79 degrees 02 minutes 40 seconds East 30.20 feet (3) South 67 degrees 10 minutes 20 seconds East 152.00 feet and (4) North 2 degrees 30 minutes 20 seconds West 66 feet to the true point or place of beginning; RUNNING THENCE along the easterly side of land now or formerly of Charles Rose, North 2 degrees 30 minutes 20 seconds West 900 feet to the H. W. L. of Long Island Sound; RUNNING THENCE along said High Water Line on a He line South 73 degrees 48 minutes 00 seconds East 233.49 feet to the westerly side of land now or formerly of Nicholas Pappas; THENCE along said side South 7 degrees 03 minutes 00 seconds East 827.71 feet to land now or formerly of Peter Sledjeski; and THENCE along said land South 87 degrees 29 minutes 40 seconds West 286,76 feet to the point or place of BEGINNING. For conveyancing only, 1 Together with all right, title and interest of, in and to any streets and if intended 10 be conveyed, roads abutting the above described premises, to the center Ime thereof 2215.1 C;UIITII"ICAn: ANO _EPOln 01" TITL.E_N(W vo"" . . . . SCHEDULE A Parcel "B" is conveyed subject to a right of way 20 feet in width running along the westerly boundary of the subject Parcel liB" to other lands of the grantor herein and is to be for all purposes including ingress, egress, installation and maintenance of utilities including cablevision, SUBJECT TO a right of way 30 feet in width reduced to 15 feet in width along its last 450 feet + where it reaches the Long Island Sound, for all purposes including ingress, egress, installation and maintenance of utilities including cablevision. Said right of way to be in favor of premises to the west presently owned by Ana Gregori Stillo, the grantor herein. Said premises are presently known as Suffolk County Tax MpP No., District 1000, Section 014.00, Block 02,00, Lot 026;000 and is described as follows: BEGINNING at a monument located at the southwesterly corner of the premises to be described and being distant northerly when measured on a course North 00 degrees 03 minutes East, 300.43 feet from the northerly line of Main Road. Said point of beginning begin also the division line between land now or formerly of George Malis adjoining the premises herein described on the West and land of Sledjeski Estate and adjoining said premises herein described on the South; and RUNNING THENCE North 2 degrees Ol minutes 20 seconds West and through a monument 903 feet to the highwater line of Long Island Sound; THENCE easterly along said highwater line of Long Island Sound the tie line of which bears South 67 degrees 33 East 159.45 feet to the westerly line of land of now or formerly of Frank Stillo; THENCE 3 degrees 30 minutes 20 seconds East, along the westerly line of the last mention.ed Estate, 905 feet; THENCE along the northerly line of the Sledjeski Estate above mentioned the following two courses and distances: (1) North 68 degrees 10 seconds 20 minutes West 152 feet; and (2 ) North 80 degrees 02 minutes 40 seconds West, 30.20 feet to the point or place of BEGINNING. TOGETHER with all the right, title and interest of the parties of the first part of, in and to a right of way along and over the westerly side of land now or formerly of Elias Way and extending northerly from the Main Highway to the land hereinabove conveyed. SAID right of way shall be limited to the service of not more than two one-family residential building lots. The said westerly boundary of said right of way is described as follows: BEGINNING at a point on the northerly line of Main Road. Said point being where the westerly boundary of lands now or formerly of Sledjeski and the easterly boundary of premises described as Parcel liB" herein intersects the northerly side of Main Road. Said point also being South 64 degrees 10 minutes 10 seconds East along the northerly side of Main Road, 100 feet from where the westerly boundary of Parcel liB" is described herein and the easterly boundary of lands now or formerly of Malis intersects the northerly side of Main Road. Running thence from said point or place of beginning and along the easterly side of Parcel "BII described herein: North 23 degrees 00 minutes West 220.13 feet to a point. Thence continuing along the easterly side of said Parcel "B" and the westerly side of Parcel "e" described herein and along lands of Ana Gregori Stillo, North 3 degrees 30 minutes 20 seconds West, 595.83 feet at which point said right of way is 15 feet in width and then continuing on as a 15 foot right of way and continuing to described its westerly boundary again, North 3 degrees 30 minutes 20 seconds West, 450 feet more or less to the Long Island Sound. TOGETHER and SUBJECT to rights of ways referred to in Deed Liber 8716, page 477. A copy of which is attached hereto. SUBJECT further to rights of ways set forth in Liber 7214, page 557. STAn OF NEW YOIIC, CO\lHn Of 55: STAn 01 "'W YOU, COUNTY Of SS' On the 9th day of August, 1985 , before me On the day of 19 , before me personally came personally came FRANK STlLLO to me known to be the individual d~cribed 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 he executed the same, executed the same, NO(!;!PUbliC NOI'ARY~ H, BRUER No, 62~~;:' N_Yodl a,ualffied In Suffolk County CommISsion Expir.. March 3D, 1987 STAT! OF NIW YOlK. COUNTY OF 55: 5UT! OF NEW YOlK, COUNTY OF 55: On the day of 19 , before me On the day of 19 , before me persona lIy came personally came to me k.,own, who, being by me duly sworn, did depose and the subscribing witness to the forer-oing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly , sworn, did depose and say that he resides at No. that he is the ; of that he knows , the 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, tion, and that he signed h name thereto by like order, at the same time subscribed h name as witness thereto. ilargaitt aM tJalr irrll WITH COVENANT AGAINST GRANTOR'S ACTS SECTION 'ITLE NO. BLOCK LOT Frank Stillo TO COUNTY~~ Suffolk Town Southold Recorded at Request of CHICAGO TITLE INSURANCE COMPANY : STAIUII f. If .fll YIII lUll If nnE ..EIWIITEIS Return by Mail to Distributed by Rudolph H. Bruer, Esq. i CHICAGO TITId: Main Road , Southold, New York 11971 INSURANCE COMPANY Zip No. , 1 , ) 1 , , ) , , , ; , , , , ) , ! ; , , , I I , - ... ~ . ~< . . . " II TOGETHER with all right, title and interest, if any, of the party of the lirst part in and to any Slreets and roads abulling the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the lirst 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, . " , " , I' . AND the party of the lirst part covenants that the party of the lirst part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid, AND the party of the lirst part, in compliance with Section 13 of the Lien Law, covenants that the party of the lirst 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 lirst for the purpose of paying the cost of the improvement and will apply the same lirst 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 Ilparty" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the lirst part has duly executed this deed the day and year lirst above I written. IN PRESENCE OF: i I II I I i Frank/Stillo I I I I 'I I , I II . T S Southold, N,Y, 11971 (516) 765-1938 July 2, 1987 Rudy Bruer, Esq. Attorney at Law Main Road Southold, NY 11971 Re: Minor subdivision Ana G. Stillo Dear Mr. Bruer: We are in receipt of your correspondence of 6/30 enclosures, with regard to the above mentioned subdivision. The surveys are being referred to the Suffolk County Planning Commission. Condition number 1 of the 6/15/87 resolution has not been satisfied as the previous referral to the County had not been complete for review. Upon receipt of the amended surveys, the County should be able to review and render a resolution. The Board's condition requires compliance with that resolution when it is received. With regard to the Board's second condition, this will be reviewed by the Town Planner, as well as the Planning Board, Upon receipt of a determination, we will advise you. If you have any questions, please feel free to contact our office. Very truly yours, -GtrKllU,H &-~kL, {}t, 0 BENNETT ORLOWSKI, JR. CHAIRMANO SOUTHOLD TOWN PLANNING BOARD By Joan Davis . .. . . FilE COpy T D Southold. N.Y. 11971 (516) 765-1938 June 22, 1987 Mr. Rudolph H. Bruer Attorney at Law Edson and Bruer Main Road Southold, NY 11971 Re: Ana G. Sti110 Minor subdivision Dear Mr. Bruer: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, June 15, 1987 RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled "Ana G. Stilld'located at Orient, tax map no .1000-14-2-26 was submitted to the Planning Board on April 20, 1987 and filing fee of $550 was also submitted on April 20, 1987, and WHEREA~, a public hearing was held on said subdivision application and ~lt at the Town Hall, Southold, New York on Jun el, 1987 at 7:30 p.m, and '"' WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivsion plat and application, NOW, therefore, be it RESOLVED that the~Plication of Ana G. Stillo for approval of said subdivis' 0 plat prepared by Rod Van Tuyl, and last dated January 29, 1987, be approved and the Chairman be authorized to endorse approval on said subdivision plat, subject to the following conditions within six months from the date of this resolution. 1. Receipt and compliance with the resolution of the Suffolk County Planning Commission. 2. Notice of completion and approval of the access road improvements as per the Board of Appeals decision of April 2, 1987. . .. . . Mr. Rudolph H. Bruer Page 2 6/15/87 ----------------------------------------------------------- If you have any questions, please don't hesitate to contact our office. Very truly yours, ~ O..l-~J ~c;l;1vY BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTH OLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Board of Appeals . D LD Y Southold, N.Y. 11971 (516) 765-1938 June 19, 1987 Edson and Bruer ATTN: Diana Attorneys at law Main Road Southold, NY 11971 Re: Ana G. Sti110 Dear Diana: In response to our discussion on the access road improvements on the above mentioned subdivision, enclosed is a memo from the Board of Appeals with the status of this matter. If you have any questions, please don't hesitate to contact our office. very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN S~D TOWN PLANNING BOARD B 1an1r~ Schultze, Secretary enc. , , I , ,. , . . . . . . . . . . , :. . , . I . . . :. . , , ll." . I . '. . . , : I . , . . .. , , ". I . . . , . . , , , . :I , . ,. . , , :. . , , . . . . . I , " , . , , I " , , I , , I I I . . . . " . " I . " II I . I " . . .. . . I I . " " I" I I I " .. I I . , '" " I" . II I . . . I' I I' I I . " I . " II --- " Mem~randum.m . . . . . " Southold Town Board of Appeals JUN 18 1987 , \ TOWN HALL, SOUTHOLD, N,Y, 11971 , \ 765-1809 Date: 6/17/87 To: Planning Board, Attn: Diane "-._-- From: Board of Appeals Office Re: Ana G. Stillo, ZBA #s3562 and 3619 Per your inquiry today, please let this , confirm that the conditional 280-a action rendered by this Board on 12/11/86, and subsequently conditioned for this --. division (for two lots) on 4/2/87, has remained inactive, Upon notice to the Z.B,A. that the improvements are under construction by the applicant or her agent, we will be in a position to arrange for inspections and fi nal acceptance, (fP /" -~ . c<.ci'\ 0, ~ 6< '30 -- CL ,~~, Q)3YI ,-, O-fr-~'C:) 0cw-d c* l....-><J :p~\ . 'L-4\~\~1- 1" (--. I ('Q '\vC) OC\l 01'1 ~i.., '1 ""'. . ," \ ",J - --.-- Legal Notice . MAY 18 19P7. NOTICE OF HEARING NOT[CE [S HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southald STATE OF NEW YORK I Town Planning Board, at the I SS: Town Hall, Main Road, South- old, New York, in said Town on COUNTY OF SUFFOLK I the 1st day of June, 1987, on the question of the following: 7,30 p.m. Approval of the Richard Williams _ of Greenport. in minor subdivision of Ana G. Stillo located at Orient, in the said County, being duly sworn, says that he/she is Town of South old, County ofSuf- Principal Clerk of THE SUFFOLK TIMES, a Weekly folk and State of New York and bounded and described as fol- Newspaper, published at Greenport, in the Town lows: BEGINNING at a point at a of South old. County of Suffolk and State of New monument located at the south. York, and that the Notice of which the annexed is westerly corner of the premises to be described and being distant a printed copy, has been regularly published in northerly when measured on a said Newspaper once each week for 1 course North 00'03'10" East 300.43 feet from the northerly weeks successively, commencing on the 14th line of Main Road. Said point of day of Mav 19...1lJ beginning being also the divi- sion line between land now or ~ L ' J 1/ ~a J', ..:.--.. formerly of George Malis adjoin- ing the premises herein de- S<ribed on the West -iii"" of S[~i IIlat.te - B<ljoiniatl Principal Clerk said premIses herein described on the South; and Running re me this~ Thence North 2"01'20" West and 19 MA~Y K, DEGNAN through a monument 903.00 feet to the highwaler line of Long Is- ~~TARY PUBLIC. St.te ot N"J'fioYork land Sound; Thence easterly Suffolk County No, ~9;P;P along said high water line of ' erm Expires Febru. Long Island Sound the tie line of which bears South 67033' East 159.45 feet to the wes . . COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER,WATCHMAN, a public newspaper printed at Southold, in Suffoik County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for. , , , . . , , . , , , . , , . , , / , , . , , .. weeks --r 'I 'h ';;21 successive y, commencing on t e "",. , , , . , , , , . . , , , , . . ~'7.......'9.:7GJ.... .--r Sworn to before me this, . . , , , , , .~/. . ' , , . . , " day of ,...... ..0':]......,.. ,19,?:"? ",.,....".,"',.~"~",..,"" Notary Pubiic BARBARA FORBES Notary Public, State of New York No. 4B06846 Qualified in Suffolk County Commission Expire. tt--;. J f. 19 8' r .l.'~'(()JJe .:) r/ VJQrt { ('jO~ . \).:L~ .___~.?-/rf7 ___- ) , l b"C'1 /1 /rJc../n~01A..../ 1:...f'Q..Q l,lj{"("' " Legal Notice ( NOTICE OF HEARING NOTICE IS HERBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York, in said Town on the 1st day of June, 1987, on the question of the following: 7:30 p.m. Approval of the minor subdivision of Ana G. Stillo located at Orient, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a point at a monument located at the southwesterly corner of the premises to be described and being distant northerly when measured on a course North 00"03'10" East 300.43 feet from the northerly line of Main Road. Said point of beginning being also the division line between land now or formerly of George Malis adjoining the premises herein described on the ,West and land of Sledjeski Estate and adjoining said premises herein described on the South; and Running" Thence North 2" 0 l' 2 0" West and through a monument 903.00 feet to the highwater line of Long Island Sound; Thence easterly along said highwater line of Long Island Sound the tie line of which bears South 67"33' East 159.45 feet to the westerly line of land now or formerly of Frank Stillo; Thence 3"30'20" East, along the westerly line of the last mentioned Estate, 905 feet; Thence along the northerly line of the Sledjeski Estate above mentioned the following two courses and distances: (1) North 68"10'20" West 152 feet; and (2) North 80"02'40" West 30.20 feet to the point or place of BEGINNING. Containing 3.2 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. May 11, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR. , CHAIRMAN . -- -, -, Please publish one time on Thursday, May 21, 1987 and forward one affidavit of publication to the Southold Town Planning Board. Main Road, Southold, NY 11971 Copies delivered to the following: The Suffolk Times The Long Island Traveler Watchman Rudy H. Bruer, esq for applicant Supervisor Murphy f . ~ . . ! \ \ \L " ,A....( t..oj) . .,:( . cl~~ ,.,MI)<\)":) , ~ Co-- ~ o;to !g; '~Qt(LR.. 0 Legal Notice NOTICE OF HEARING NOTICE IS HERBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York, in said Town on the 1st day of June, 1987, on the question of the following: 7:30 p.m. Approval of the minor subdivision of Ana G. Stillo located at Orient, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a point at a monument located at the southwesterly corner of the premises to be described and being distant northerly when measured on a course North 00"03'10" East 300..43 feet from the northerly line of Main Road. Said point of beginning being also the division line between land now or formerly of George Malis adjoining the premises herein described on the West and land of Sledjeski Estate and adjoining said premises herein described on the South; and Running'Thence North 2"01'20" West and through a monument 903.00 feet to the highwater line of Long Island Sound; Thence easterly along said highwater line of Long Island Sound the tie line of which bears South 67"33' East 159.45 feet to the westerly line of land now or formerly of Frank Stillo; Thence 3"30'20" East, along the westerly line of the last mentioned Estate, 905 feet; Thence along the northerly line of the Sledjeski Estate above mentioned the following two courses and distances: (1) North 68"10'20" West 152 feet; and (2) North 80"02'40" West 30,20 feet to the point or place of BEGINNING. Containing 3.2 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. May 11, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR. , CHAIRMAN ..-, - - , ( "- Please publish one time on Thursday, May 21, 1987 and forward one affidavit of publication to the Southold Town Planning Board. Main Road, Southold, NY 11971 Copies delivered to the following: The Suffolk Times The Long Island Traveler Watchman Rudy H. Bruer, esq for applicant Supervisor Murphy I, . . T Southold, N,Y. 11971 (516) 765-1938 May 13, 1987 Mr. Rudy Bruer, Esq. Attorney at Law Main Road Southold, NY 11971 Re: Ana G. Stillo at Orient - Dear Mr. Bruer: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, May 11, 1987. RESOLVED that the Southold Town Planning Board set Monday, June 1, 1987 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for a public hearing on the question of approval of the minor subdivision of Ana G. Stillo located at Orient.. Enclosed is a copy of the legal notice for your files. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~MH- ~tu)Shc:L-nd NNETT ORLOW KI, JR., C IRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. . . Legal Notice NOTICE OF HEARING NOTICE IS HERBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York, in said Town on the 1st day of June, 1987, on the question of the following: 7:30 p.m. Approval of the minor subdivision of Ana G. Stillo located at Orient, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a point at a monument located at the southwesterly corner of the premises to be described and being distant northerly when measured on a course North 00003'10" East 300.43 feet from the northerly line of Main Road. Said point of beginning being also the division line between land now or formerly of George Malis adjoining the premises herein described on the>West and land of Sledjeski Estate and adjoining said premises herein described on the South; and Running'Thence North 2001'20" West and through a monument 903..00 feet to the highwater line of Long Island Sound; Thence easterly along said highwater line of Long Island Sound the tie line of which bears South 67033' East 159.45 feet to the westerly line of land now or formerly of Frank Stillo; Thence 3030'20" East, along the westerly line of the last mentioned Estate, 905 feet; Thence along the northerly line of the Sledjeski Estate above mentioned the following two courses and distances: (1) North 68010'20" West 152 feet;, and (2) North 80002'40" West 30.20 feet to the point or place of BEGINNING. Containing 3.2 acres, Any person desiring to be heard on the above matter should appear at the time and place above specified. May 11, 1987 BY'ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR. , CHAIRMAN . . Please publish one time on Thursday, May 21, 1987 and forward one affidavit of publication to the Southold Town Planning Board. Main Road, Southold, NY 11971 Copies delivered to the following: The Suffolk Times The Long Island Traveler Watchman Rudy H, Bruer, esq for applicant Supervisor Murphy C~NTY OF SUFFOLK . e . /t!A t , 1987 Michael A. LoGrande SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING L.EE E. KOPPELMAN DIRECTOR 011' PL.ANNING (516) 360-5207 April 23, 1987 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Preliminary_____ Final X Plat Name: Minor Subdivision - Ana G. Stillo Location: nly/s Main Road, N.Y.S. Rte. 25 364.59' s/ely from Bight Road, Orient, New York Dear Mr. Orlowski: Please be advised that pursuant to Section 1333, Article XIII of the Suffolk County Charter, the above referral will not be reviewed by the Suffolk County Planning Commission because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin #8 of the Suffolk'County Planning Commission. The following material is required before referral will be reviewed: All lot lines (including interior lot lines) must show bearings Very truly yours, Lee E. Koppelman Director of Planning by ~k Cj brv! Charles G. Lind, Chief Planner Subdivision Review Section File: 1333-D-87c47 CGL:mb NOTE: Please consult Suffolk County Department of Planning Informational Bulletin No. 8 for complete referral requirements. VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.t. NEW YORK 11788 IS18) 360-51&2 \ 5tbdard N.Y'-.T.V. ._ IOOe ....1ft and Illle .lIhoul Cot'fnllftt apinlt e....IOr.' AcD-JrMll'rid.., or CMporIt_, . CONSULT YOUI LAWYlI,('')11 SIGNING ,NSTIUMINt _ THIS INST'........Nt SHOULD .D IY LAWYIB _Y . THIS INDENTURE, made the 20th day of July, nineteen hun~-t~ty ~~ BETWEEN DAY ROSE, residing at 2929 S. E. Ocean Boulevard, Stuart, Florida 33494 '~: ?-2:J-- tf3 ;;393 ~r /.36 party of the first part. Ind ANA GREGORI STI~, residing at Montebello Road, Suffern, New York 10901 party of the IeCOIld part. WITNESSETH, that the party of the first part, in c:onsidet'ation of TEN and 00/100 ($10.00) ----------------------------------- dollars, lawful money of the United States, paid by the party of the IeCOIld 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, AU. that certain plot, piece or parce1 of land, with the buildings and improvements thereon erected, situate, lying and being idCae at orient, Town of Southold, county of Suffolk and State of New York bounded and described as follows. ISTRICT BEGINNING at a monument located at the southwesterly corner of 000 the premises to be described and being distant northerly when measured on a course North 00 oegrees 03t 10" East 300.43 feet ECTmN from the northerly line of Main Road. Said point of beginning 014.00 being also the division line between land now or formerly of George Malis adjoining the premises herein d~scribed on the LOCK West and land of Sledjeski Estate and adjoining said premises 02.00 herein described on the south: and T RUNNING TBElfCE North 2 degrees 01' 20" "'est and through a 026.000 monument 903.00 feet to the highwater line of Long Island Sound, THENCE easterly along said highwater line of Long Island Sound the tie line of Which bears South 67 degrees 33' East 159.45 feet to the westerly line of land nor or formerly of Frank Stillo, TBElfCE 3 degrees 30' 20" East, along the westerly line of the last mentioned Estate, 90S feet: THENCE along the northerly line of the Sledjeski Estate above mentioned the foll~ing two courses and distances. (1) North 68 degrees 10' 20" west 152 feet, and (2) North 80 degrees 02' I 40" west, 30.20 fee~ to the point or place of BEGINNING. Toqetherwith all the right, title and interest of the parties of the first part of, in and to a right of way along and over the westerly side of land n~ or formerly of Elias way and extending northerly from the Main Highway to the land herein- a bove conveyed. - SCHEDULE D - I I r"'\ - ,.,..... ( , ""'" I"" "-- . . . "'r'" '., ....lm.~d Pl.. JO ~UO~J Ul punos pURt.I 6UO'! 10 ..'t.~."" .tr.lO~ PUlt .xn~ .:r1ll{Xm lipcet pUli q':>ltfK(eq.l O~ pUR ,Ul ~.e%"Ulpu. enl~ '~q6l% eq~tl. q~lA ~eq~e60~ PU....l...:rd pBql%3.ep eAoqa .q~ 6ul~~nq. .p.O% '.~.e%~. AUR Q~ pUR Ul 'JO ~.8%e~Ul pUR .t~l~ '~q6l% tt. q~lA ~etr.le6~ . pU.tetr.l O~ AltAq6lB UlllW eq~ WO% UlPU.~X. pUR A.~ ..lta JO At% pURt JO ePl. At%.~..A .q~ ~eAO pUR 6 ~q6l~ .'~ pUR UT 'Jo~%Rd ~.~lJ etr.l ;10 .1 . . . ~ ...., '-' TOGE1HER with an right, title and interest, if any, of the party of the first part, in and to any streets and I08da abutting the Ulove described premi.aes to the center Iina thereof, TOGI:I'HER with the IIpIlW'teIIaDCe and an the estate and rights of the party of the first part in and to said premUea. TO HAVE AND TO HOLD the premises herein granted unto the party of the IeCOIld part. the heirs or po ~ ~ , ,... and uaigDa of the party of the secoDCl part fORYer. . . AND the party of the first part, in ampIiaDce with Sectiou 13 of the Lien Law, covenants that the party of the first part will recehe the CODSideratioa for this conveyaace and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of payiDc the cost of the improvement and will apply the same first to the payment of the cost of the improvement befOR using any part of the tota1 of the same for any other purpose. The word "party" sha11 be construed as if it read "partiea" whenever the sense of this indenture 80 requires. IN WITNESS WHEREOF, the party of the first part baa duly ~lted this deed the day and year first above written.. Ix lP..-wQlcw; -~~ DAY RO E "'.:..; -, ..~. ~ - . . . ... ,., ... ",. < ... .. % ;;; ~ ~ ,. c .. ... o ... ~ ,. 5! z GI o ; i'i ... 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' " . 0 -< '~ o ~ ~f .; - .. .. ~ ~ c, o~V> '.,- o ' . o c '\ o --< 0'" ~ .,,,,' 0"" . ",,' ... < '<'>\ ~. , " . . . T Southold, N, Y, 11971 (516) 765-1938 ~ J(o,19aT Suffolk County Planning Commission - Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the fOllowing proposed final plat to the Suffolk County Planning Commission: (Map of) (Minor SUbdiViSiOn)fua. f?!, 3td ~.o Hamlet DJuJj,f Tax Parcel Identifier No. {OOO 14 ., ~(n 0<- Material Submitted: Minor Subdivision - Class A(3 copies) y.. Class B (2 copies) Major Subdivision (3 Copies) Preliminary Map (1 copy) ; Topographic Map (1 copy) ; Darinage Plan (1 copy) ; Street Profiles (1 copy) ; Grading Plan (l copy) ; Planning Board Res. (1 copy) ; Other i-ht Waiver of Subdivision Requirements - See attached sheet )( Comments: V~ truly yours, \ie !--M_-tt (JAIflvA- tc) Qrcino ennett Orlowski, Jr., Chairman , . . . \I'AIVER OF SUBDIVISION REQUIREMENTS (Map of) (Minor Subdivision).i1.lJO ~L;stJL() Hamlet or Village () tu...il-t Town SDc.Jl-lJdd The following items normally required as part of the subdivision application have been waived. Check, as required. - Preliminary Map X Topographic Map X Drainage Plan (C Street Profiles K Grading Plan ~ Landscape Plan K . Other (describe) Reason: ----- 1) Minor Subdivision a) Not required by subdivision regulations b) Subdivision of lot on an existing improved filed map c) Other (describe) - 2) a) No new drainage structures and no changes in existing drainage --- .- -. - - - proposed ~ b) No new roads and no changes in existing roads proposed~ c) No major site clear.ing and grading proposed 'x d) Other (describe) ..- . -' - . . cff'~ ~ fJ8___ APR ~ 0 1987 ATTORNEYS AT L.AW .' MAIN ROAD SDUTHOLD, NEW YORK 1 1 <;171 LEF"F"ERTS P. EDSON (S 16) 765-1222 RUDOLPH H. BRUER (516) 765-2500 April 20, 1987 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Minor Subdivision for Ana G. Stillo Orient, N.Y. Dear Sirs: To complete your file, and in preparation for the scheduling of the public hearing on this subdivision, we enclose herewith the following: l. Application for Approval of Plat in duplicate 2. Our check, in the sum of $550.00 in payment of the application fee ($400.00) and inspection fee ($150.00) . 3. Form letter re drainage, etc. 4. copy of D.E.C. letter of non-jurisdiction (File #10-87-0369 ) 5. Copy of subdivision map endorsed with the approval of the Suffolk county Department of Health Services. 6. Six (6 ) survey prints of the final subdivision map. We respectfully request that this subdivision application be scheduled for pUblic hearing at your earliest date. and Mrs. Frank Stillo , . . -, APPLICATION FOR APPROVAL OF PLAT APR 20 1987 To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a "ubdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as foil ows : 1. The applicant is the owner of record of the land under 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.) . '" ~inor Subdivision for Ana G. Stillo 2. The name of the subd.v.s.on IS to be ...,..........,......,................,..........." ............................................................,..............,.................... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber ...?.3.~~."......,..,.,. Page .,.n?,....". "., '., On . ?!.~~(~~" '..,. ,..,..,; Liber ".........,.,.....,.... Page ,....,.,....",...,... On .....,.....,...".....,; Liber .........,........,...., Page .....,................ On .....,...,........,..,.; Liber ....,.",...,.......,... Page ."........"..,...... On ",.,....,.....",...,.; Liber . ....................... Page........"."".".... On ......,....,...,."".,; as devised under the Last Will and Testament of ...,.....,.,.................,......... or as distributee....,...... ,..................,.......,..,.,."."......,....,........., ...,..,.................................................................................,....... 5, The area of the land is .... ~: .2.. .. , .. .... acres, 6, All taxes which are liens on the land at the date hereof have been paid except ."~.,,. ........,...............................................,..........,........................... 7, The land is encumbered by ....,~,. n l., .. .. .. .. .. .. .. .. .. .. .. .. .. .. , .. .. , .. , .. , .. .. .. , mortgage (s) as follows: (a) M t d d' L'b 9643 P 579 .,. I or gage recor e In I er .............. age... . . . , . . . , . . . . . .. 10 orlgma amount of$,.9.5.0DD,..QO.. unpaid amount $ ,.H,99,O,.,Q9........, held by ~X.~,~............ ,.",..,...... address ,:?~;2:'l. ,~,f::, ,~~ ,1~~YR',< .~:t~~" .F:~,?~;i.~. ~~.4.~~"..,.,..., (b) Mortgage recorded in Liber ........, Page ........,......,....... in original amount of ".,....,..,.. unpaid amount $. , , . . , , . , , . , . , , . . , . , .. held by .,...,...,.",.",.." .. . .. .. .. .. ... address ................. .."......".........,......,......".....,... ~ I . . , , (c) Mortgage recorded in Liber ,,'...,.,..,., Page "..".."...", in original amount of .,."".",." unpaid amount $""" , , ' , , ",.. , . , ,., held by ...................... . . . . . . , , . , . . . . . , . . , . " addrcss ".,"..',""."',."""".",'.,."..,.'"""",,..., , 8. There arc no other encumbrances or liens against the land except ................,....... ...............................................................".................,.... 9. The . . " ., "A" Residential/~icultural land hes m the followmg 1:omng use dIstricts ,'..",...,..,.,.... "..,..,.,.."".. ...........................................................................,.....,...... 10. 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 all required public improvements, 12, The land 6daa)c (does not) lie in a Water District or Water Supply District, Name of Dis- trict, if within a District, is ...,......................................................... . 13. Water mains will be laid by . J;<!.~.. . , .. , , . . , , . , . , .. .. , . .. , , . . . , .. , . .. . , , , . .. . , , , . , , . .. , , and (a) (no) charge will be made for installing said mains, 14. Electric lines and standards will be installed by , J:.J;J;W,. , , , . ., . , , . , , , . .. , . , . .. .. .. . , . ,. , , ...........,...",...,......... '.... and (a) (lIIJIjc charge will be made for installing said lines. IS, Gas mains will be installed by ... .ISL~.. ., .. .. .. . .. . .. .. .. .. .. .. .. .. .. .. .. , .. .. . .. .. .. .. .. ' and (a) (no) charge will be made for installing said mains. 16. If 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. 17, 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 land which are not located and shown On the plat. 19, Where the plat shows proposed streets which are extensions of streets on adjoining sub. division 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 course of these proceedings, the apl' Iicant will offer proof of title as requircd by Sec, 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots show; ng all restrictions, covenants, etc. Annex Schedule "D", I . ; . . , 22. The applicant estimates that the cost of grading and required Jlublic improvements will be $, .1S1l\, '" as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .",.,..,.,.., years, The Performance Bond will he written by a licensed surety company unless otherwise shown on Schedule "F". DATE .,....... !IP.~~~.. .. ,~~.. ...... 19. ~? Title)RUdOiph 'R:' Bruer,...... Attorney for Applicant Main Road P.O. Box 1466 Southord N.Y, 11971 . .. .... ....1. . . .. . , .. .... .. .. r.......... .t.. ... . (Address) STATE OF NEW YORK. COUNTY OF..., ,~~."..".,.,...,..... ss: .?9. t:J- , 1 87 On the ,..,... ..,..,.,., day of. ,. ,.......!IP.~~.., '.",.. '. ,.19,., .... before me personally came ...,. ,~~ .!j::. ~.......,.......",. to me known to be the individual described in and who executed the foregoing instrument. and acknowled ged that .. hEl, , . . . , . executed the same, N~t;.~'~: ~~',~!~~~~.,..", . NOTARY PUBLIC, State of New Yon . No 52.4655242. Suffolk County COm';';ss;on Exp!... ~' .3 ~ t1.r'l STATE OF NEW YORK. COUNTY OF .....................,....., ss: On the,............... day...,........ of ............... 19....... before me personally came , , ' , , . , . , , , . . , . . . . . , . . , . . ' to me known, who being by me duly sworn did de- pose and say that ....,.,.,.., resides at No, """,.".,.,.,.,..,.,.".,."",......,..,...."" , , , . . , , , . , , , , , , . , , , , , , , , , , , , , , , . ,that .",."."",."",.,..." is the ",.""" .. . .. .. .. .. , , , . ... of ,.,.....,.."..,",.........",..................,...,.................." the corporation described in and which executed t he foregoing instrument; that "."..,.". knows the seal of said corporation; that the seal affixed, by order of the board of directors of said corporation. and that.""",.,., signed..,..,..."." name thereto by like order, ...... ................,................,.... Notary Public . .....IIIl "" . . \ APR 20 1,987 ' 4/;74/87 Southold Town Planning Board Town Hall SouthOld, New York 11971 Re: Minor Subdivision for Ana G. Stillo Orient, New York 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. i]d 'MY'~ Ol::t!ruer Attorney for Applicant I , , 'JVpt-Sl:d.) '--jJd~/~~ IC\-w4 ~ New York State Department of Environmental Con~ervatlon ~ ~~~~~a~~~Ys~;~~i~~.U~~~ I APR 20 1987 ~ ~~;~; ~~'{~;90~i 1 i "'" 3 \ IJ-\ 2l Henry G., Williams CommISsioner R\J~o\~'0 \-\' on! Q ( '$\\'\\ \\ ~ ~JQ6- Re: \\ 'r\.CL" b. C:::> -\- \ \ \1) S,,\..J~\\$\~J ~\~ \\ Cj 1 \ i=~ \-e~ 1\)-)51- ()))69 Dear 11\,( ~'nJe'(<,' St\m~ I Q\)\j-D\"I-) -~lo (\ 10 r. , \Cj+S0~i\l\S\On <\-- A review has been made of ~our propos~ to: '- '{ ~~ \'--. '-^-. a--- W ~C)\\.S~'{\jC'...-Ic '? i'(\.~\-e~~-\)-J'l\\ 1\J w~' \ \ \'\~ ,"'\- So..\\).. \a Y%S\\j~S ,Vl~ on ()[,(,(ll, D~ ~Q~\ \\J_F~ ' \IY\L\\V\ () I~' ,()V\--t, 0\)~ ~ r'l~' ~ \J'<?( 0\( \.. t\..w'( '\' \jQ \~ \J\l, \ ,., rl-q IS BJse;(' on t e ~n!o'rmation you have submitte , t' . nf Environ- mental Conservation has determined that the Greater than 300' from inventoried ti Landward of a substantial man-made sl ----- greater than 100' in length which wa 1977. Landward of the lOt above mean sea J , ----- natural slope. ~ Landward of the topographic crest of a bluff, clift 0'- _, reater than 10' in elevation above mean sea level. _____ Listed in Part 661.5 of 6NYCRR (Tidal Wetlands Land Use Regulations) as a use not requiring a permit or notification letter approval. Therefore, no permit is required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law). Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the 10' contour or topographic crest without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation in this area as a result of your pro- ject. Such precautions may include providing adequate work area between the 10' con- tour or topographic crest and the project (i.e, a 15' to 20' wide construction area) or erection of a temporary fence, barrier, or hay bale berma Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, ~r?c.d/.. Deputy Regional Permit Administrator Region 1 . . T Southold, N,Y. 11971 (516) 765-1938 April 14, 1987 Mrs. patricia C.. Moore, Attorney at Law Edson and Bruer Main Road Southold, NY 11971 RE: Ana G. SUllo Minor subdivision Dear Mrs.. _Moore: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, April 13, 1987. RESOLVED that the Southold Town Planning Board grant sketch plan approval to the minor subdivision for Ana G. Stillo located off a right-of-way from Main Road, Orient, for 2 lots on 3.2 acres, survey dated as amended January 29, 1987. It was noted that a variance had been received from the Board of Appeals for the lot area and a copy of the deed was submitted for the adjoining lot which indicated that this adjacent property, to the East; has a right-of-way in favor of this parcel. Would you please forward six (6) surveys in accordance with the enclosed list for our referral to the County Planning Commission. Upon receipt of endorsement from the Suffolk County Department of Health Services pursuant to Article 6 and a complete final application, we will schedule this matter for a public hearing. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~ OA-LmuJu/~ B NNETT ORLOWSKI, JR., C AIRMAN SOUTHOLD TOWN PLANNING BOARD qu rH ;:';,,",0 M <::',....}..",1 +-..,.= C'c,........c+- "" ....~~ ~~ ~PR 41987 ( ~~~ ~ /2.0.W hJt ~ q SCHEDULE A S-l-dl...o {)IJlC';U~ d.' 0 Parcel "B" is conveyed subject to a right of way 20 feet in width running along the westerly boundary of the subject Parcel "B" to other lands of the grantor herein and is to be for all purposes including ingress, egress, installation and maintenance of utilities including cablevision. SUBJECT TO a right of way 30 feet in width reduced to 15 feet in width along its last 450 feet ~ where it reaches the Long Island Sound, for all purposes including ingress, egress, installation and maintenance r of utilities including cablevision. Said right of way to be in favor of premises to the west presently owned by Ana Gregori Stillo, the grantor herein. Said premises are presently known as Suffolk County Tax Map No., District 1000, Section 014.00, Block 02.00, Lot 026.000 and is described as follows: BEGINNING at a monument located at the southwesterly corner of the premises to be described and being distant northerly when measured on a course North 00 degrees 03 minutes East, 300,43 feet from the northerly line of Main Road. Said point of beginning begin also the division line between land now or formerly of George Malis adjoining the premises herein described on the West and land of Sledjeski Estate and adjoining said premises herein described on the South; and RUNNING THENCE North 2 degrees Ol minutes 20 seconds West and through a monument 903 feet to the highwater line of Long Island Sound; THENCE easterly along said highwater line of Long Island Sound the tie line of which bears South 67 degrees 33 East 159.45 feet to the westerly line of land of now or formerly of Frank Stillo; THENCE 3 degrees 30 minutes 20 seconds East, along the westerly line of the last mentioned Estate, 905 feet; THENCE along the northerly line of the Sledjeski Estate above mentioned the following two courses and distances: (1) North 68 degrees 10 seconds 20 minutes West 152 feet; and (2) North 80 degrees 02 minutes 40 seconds West, 30.20 feet to the point or place of BEGINNING. TOGETHER with all the right, title and interest of the parties of the first part of, in and to a right of way along and over the westerly side of land now or formerly of Elias Way and extending northerly from the Main Highway to the land hereinabove conveyed. SAID right of way shall be limited to the service of not more than two one-family residential building lots. The said westerly boundary of said right of way is described as follows: BEGINNING at a point on the northerly line of Main Road. Said point being where the westerly boundary of lands now or formerly of Sledjeski and the easterly boundary of premises described as Parcel "B" herein intersects the northerly side of Main Road. Said point also being South 64 degrees 10 minutes 10 seconds East along the northerly side of Main Road, 100 feet from where the westerly boundary of Parcel "B" is described herein and the easterly boundary of lands now or formerly of Malis intersects the northerly side of Main Road. Running thence from said point or place of beginning and along the easterly side of Parcel "B" described herein: North 23 degrees 00 minutes West 220.13 feet to a point, Thence continuing along the easterly side of said Parcel "B" and the westerly side of Parcel "C" described herein and along lands of Ana Gregori Stillo, North 3 I degrees. 30 minutes 20 seconds West, 595.83 feet at which point said right of way is 15 feet in width and then continuing on as a 15 foot I right of way and continuing to described its westerly boundary again, North 3 degrees 30 minutes 20 seconds West, 450 feet more or less to ~he Long Island Sound. TOGETHER and SUBJECT to rights of ways referred to in Deed Liber 8716, page 477. A copy of which is attached hereto. SUBJECT further to rights of ways set forth in Liber 7214, page 557. fq,/ ..... . . ., ,. v .J' " Southold Town Board of Appeals MAIN ROAD. STATE ROAD 25 SOUTHOLO, L./., N.Y. 11971 TELEPHONE (516) 765,1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWICKI April 7, 1987 , I Patricia C. Moore, Esq. Edson & Bruer, Esqs. Main Road Southo1d, NY 11971 Re: Appeal No. 3619 - Ana G. Stillo (Variance) Dear Pat: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals, the original of which has this date been filed with the Office of the Town Clerk. If this project involves an application with the Planning Board, please be sure to return to their office for further processing. A copy of this determination is Simultaneously being furnished to their office. In any event, please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable. Please do not hesitate to call either our office (765-1809 ) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, GERARD P. GOEHRINGER Enclosure CHAIRMAN Copy of Decision to: Building Depart~ By Linda Kowalski Planning Board Suffolk County Planning Commission ~~~"' . .. . . . t; t , Southold Town Board of Appeals MAIN ROAO - STATE ROAO 25 SOUTHOLO. L.I.. N. Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3619 Application Dated March 5, 1987 TO: Patricia C. Moore, Esq. [Appellant (s) 1 Edson & Bruer as Attorneys for ANA G. STILLO Main Road Southold, NY 11971 At a Meeting of the Zoning Board of Appeals held on April 2 , 1987 the above appeal was considered, and the action indicated below was taken on your [ 1 Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ 1 Request for Special Exception under the Zoning Ordinance Article , Section ( Xl Request for Variance to the Zoning Ordinance Article III, Section 100-31, Bulk Schedule [ 1 Request for Application of ANA G. STILLO for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient lot area, width and depth of two parcels in this pending division located on a private right-of-way extending off the north side of Main Road, Orient, NY; County Tax Map District 1000, Section 14, Block 2, Lot 26, containing 3.2 acres total. WHEREAS, a public hearing was held and concluded on Apri~ 2, 1987 in the Matter of the Application of ANA G. STILLO under Appeal No. 3619; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question~ its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: l. The premi ses in question is a described parcel of 1 and con- taining a total area of 3.2 acres which extends at the northerly end of a private 20' right-of-way 300.43 feet from the northerly side of the Main Road, Orient, Town of Southold, and is more particularly designated on the Suffolk County Tax Maps as District 1000, Section 014, Block 2, Lot 26. 2. The entire premises is vacant. 3. This is an application requesting: (a) approval of the proposed insufficient lot area and width of Lot #1 of 1. 6 acres, (or - 69696 sq. ft. ) and 1 55ft. , respectively; (b) approval oft he proposed insufficient lot area and wiqth of Lot #2 of 1.6 acres, (or 69696 sq. ft. ) and average width of 153.50 ft. (CONTINUED ON PAGE TWO) DATED: April 2, 1987. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) . '. . . . Page 2 - Appeal No. 3619 Matter of ANA G. STILLO Decision Rendered April 2, 1987 4. Town records show that the Subject 3.2-acre parcel was COnVeyed to the applicant on July 20, 1983, Liber 9393 cp 136. 5. The amount of relief requested as to the total area of each proposed parcel is .1288% of the requirements, or 10,304 sq. ft., and as to lot width .1143% of the requirements, or 20:1: feet of each proposed parcel. 6. It is noted for the record that: (a) by letter dated March 12, 1987, the N.Y.S. Department of EnVironmental Conservation waived jurisdiction; (b) the Suffolk County Department of Health Services approved this division as revised March 9, 1987 and October 21, 1986; (c) an application is pending before the Southold Town Plannin9 Board for a minor subdivision which has not as of this date been finalized. 7. It is also noted for the record that: (a) the subject premises received a conditional approval of access as rendered under Appeal No. 3562 December 11,1986 for Ana G. Stillo; and as of this date, the necessary improvements for acceptance have not been done; and (b) premises to the east consist of two minor subdivisions finalized prior to the enactment of the 80,000 sq. ft. minimum lot area requirement, to wit: the most northeasterly five-lot sUbdivision (approved November 29, 1972, Frank Stillo), and the southeasterly three-lot minor subdivision (approved June 12, 1979, P. Sledjeski). In considering this appeal, the board also finds and determines: (a) the percentage of relief requested as amended is not substantial, being a variance of approximately 12% of the requirements; (b) the circumstances of the property are unique; (c) there will not be a substantial ~hange in the character of the neighborhood; (d) the relief requested is not unreasonable under the circumstances; (e) there is no other method feasible for appellant to pursue other than the variances requested; (f) in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Goehringer, it was RESOLVED, to APPROVE the insufficient lot area and width of proposed Parcels #1 and #2 of 69695 sq. ft. and 153.50:1: feet, respectively, as applied in the Matter of the APPlication of ANA G. STILLO under Appeal No. 3619, SUBJECT TO THE FOLLOWING CONDITIONS: _ 1, No lot-line changes or adjustments as to lot area/width; 2. Conditions rendered under Appeal No. 3562 concerning the pending 280-a status; 3. This variance is temporary for a maximum period of two years, except where the pending division of land has been finalized by all involved agencies and the parcels have been transferred by dee.d or other legal document to reflect the subdivision lot lines accordingly. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was duly adopted. * * * 1k &r~;~~,~. , If , }qN April 7, 1987 . D T LD Y Southold, N,Y, 11971 (516) 765-1938 April 2, 1987 Mr. Rudolph H. Bruer Attorney at Law Main Road Southold,NY 11971 Re: Ana G. Stillo subdivision proposal at Orient Dear Mr. Bruer: The following action was taken by the Southold Town Planning Board, Monday, March 30, 1987, RESOLVED that the Southold Town Planning Board give the following input to the Southold Town Board of Appeals with regard to the subdivision of Ana G. Stillo for two lots on 3.2 acres located at Orient: The proposal for two lots, although revised from the previous three lot application, does not meet the current two acre zoning and the Board cannot endorse it. If you have any questions, please don't hesitate to contact our office. ~1~~1C}r~ BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTH OLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Board of Appeals " . . . 6'~ ~ fJ8/NU!41- ATTORNEYS AT LAW MAIN ROAD SDUTHOLO. NEW YORK 1 1971 LEF"F'ERTS P. EDSON (5 16) 76S~ 1222 RUDOLPH H. BRUER (5161765-2500 March 19, 1987 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 3619 Ana G. Stillo Dear Sirs: We enclose herewith a copy of the D.E.C.'s letter of non-jurisdiction dated 3/12/87, which supersedes their 4/24/86 letter (a copy of which was submitted with the above appeal application). Please make this current letter a part of your file. Thank you for your cooperation in this matter. Sincerely, Rudolph H. Bruer, Esq. RHB/df Ene. cc: Southold Town planning Board cF;vt ~1 . ,- SU~\5ed. '-/JJv/~l.o lehe~ ~ New York State Department of Environmental Conservation ....... ' Regulatory Affairs Unit B]dg, !.O. 51'!'.,'. R"l. ~1" ......... ~,! ,In:," hr. "'k , ,\ 1] >,~ 3\ IJ-\ ~l (516) 751-7900 Henry G. Williams Commissioner R\)~CA~Y\ ~, \'JHJQ( \<\\k\'{\ ~~~ Re: ? Y\.CJ. b' S-\-, \ \t Stl\J\\\\)\0J t<\~ \\ ell \ i=~\-e# l~-~l- 0=)69 Sl\\^(\U:: \ OO\J-(j\\!-)-J-~ Dear {'(\, '(, ~ '( \.H~_ ~: Q \e C1. d-.. \ 10+ So'o:-i i \J \S i C l\ <\-- A <~.~ ... .~ "..,. ".c;:< '<""l '"' X<R: '\a S'lJSW 6 e~", to"St\O-~ r.'~ ""I~ 1\1\.;} ~ ~"5 ~ ~ \'Y\ .. " l~.. "j?;{:!,~~ ~. ~~ ~.J~ .' ,~} ~'iY~~ j~~~t '0,:.:: mental Conservation has determined that the ____ parcel project is: ---- Greater than 300' from inventoried tidal wetlands. ---- Landward of a substantial man-made structure greater than 100' in length which was constructed prior to September 20, 1977, ---- Landward of the 10' above mean sea level elevation contour on a gradual, natural slope. ~ Landward of the topographic crest of a bluff, cliff or dune which is greater than 10' in elevation above mean sea level. ---- Listed in Part 661.5 of 6NYCRR (Tidal Wetlands Land Use Regulations) as a use not requiring a permit or notification letter approval. Therefore, no permit is required under the Tidal Wetlands Act (Article 25 of the Environmental Conservation Law). Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the 10' contour or topographic crest without a permit. It is your responsibility to ensure that all necessa~y precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation in this area as a result of your pro- ject. Such precautions may include providing adequate work area between the 10' con- tour or topographic crest and the project (i.e. a ]5' to 20' ~yide construction area) or erection of a temporary fence, barrier, or hay bale berm. Please note that any additional work, or modification to the project as described, may require authorization by this Department. Please contact this office if such are contemplated. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, ~r7c:d/.. Deputy Regional Permit Administrator Region 1 jM '-, . .... - " . . ~t' . ~ -. , .AI. ; / 'r- \ , 'l~;.'\j" ekn- ~ (/J4<aM< ATTORNEYS AT LAW MAIN ROAD 1 SOUTHOLD, NEW YORK 11971 , lie. d)1 / ?Z(}) LEF"F"ERTS P. EDSON (S 16) 765-1222 RUOOLPH H. BRUER March 16, 1987 I ,,/ (S 16) 765-2500 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 3619 Ana G. Stillo Dear Sirs: We enclose herewith a photocopy of the survey depicting this proposed subdivision of property, which has been endorsed with the approval of the Suffolk County Department of Health Services. Please make this a part of the above appeal application. Thank you for your cooperation in this matter. ely, ~q, \f\~ Q.;~~ 1 .~ ..... ">:.-: 'J' ~ \l .j ,...,.'. '. I' , L'i '"' ..., V _n__ I .~- 'F~'" ... L.or-'.. -.;_...100...... _ :" \l ',. '''--. /-_..., ,..........;-r I.. ~ ~ "'L' . 0 :. .. ' ' ~ . '" . oJ, ,.",."zt'S ' .~ ! .~ ~ ~ s, C(";,tfc;.ur$ r.".e~ fo l/.". 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I .,:, 1/{':-,...-.... ,. ...~/t L. .s~ r'...-'~.,-#6 . . ~~ ad (!g~ "TTORNEYS AT LAW ! -- MAIN ROAD liAR 1 50UTHOLD. NEW YORK 11971 1S81 .~ ~ ~ (S 16) 765-1 222 LEFFERTS P. EDSON ........ -- RUDOLPH H. BRUER (516) 765-2500 March 4, 1987 Southold Town planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Minor Subdivision for Ana G. Stillo Orient, New York Dear Sirs: At the direction of our client, Ana G. Stillo, we hereby amend the above proposal, currently pending with your office, to reflect a two-lot division instead of the previously proposed three-lots. We submit herewith twelve (12) copies of this amended plan for your review . May we have your comments and/or recommendations in this matter. Sincerely, ~ udol h RHB/df Ene. ce: Mr. and Mrs. Frank Stillo Southold Town Zoning Board of Appeals ('~~ ~ . . lJUN Ii tj86 G'~ ~ fl8A<aM< ATTORNEYS AT L.AW MAIN ROAD SQUTHOLD. NEW YORK 11971 LEF"F'ERTS P. EDSON (S 16)765-1222 RUDOLPH H. BRUER (516) 765.2500 June 2, 1986 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Minor Subdivision for Ana G. Stillo Orient, New York Dear Sirs: We have applied to the Suffolk county Health Dept. for approval of the above project under Article 6 of the Suffolk County Sanitary Code, as required by the Southold Town ZBA. We were notified last week that our application is complete with the exception of a SEQRA determination letter from the Town. We respectfully request that your board process this determination so that our Health Dept. file may be completed. We can, thereafter, pursue our applications before the Town. As a point of information, we did suggest that this determination issue from the ZBA, but understand that their jurisdiction under SEQRA is ineffective for this purpose. Sincerely, ~~Bt~eH~ RHB/df nucL LEA F ~ scqRPr "'" c~,,~qb .. II n" ,),... .1.....A.h . t/lAY 29 '\'j86. . cf'~.-d f!8~ ATTORNEYS AT L.AW MAIN ROAD SOUTHOLC,NEWYORK 11971 LEFFERTS P. EDSON 1986 (S 16) 76S.1 222 RUDOLPH H. BRUER May 27, (516) 765.2500 Suffolk County Dept. of Health Services General Engineering Services County Center Riverhead, N.Y. 11901 Re: Minor Subdivision for Ana G. Stillo Orient, New York Your reference: lO4(SO) Dear Sirs: Pursuant to your notice dated 2/28/86 (copy enclosed), we hereby resubmit the above proposal for your final review. In connection therewith we enclose the following: l. Three ( 3) prints of the subdivision map with locations and details of the test hole and test well. 2. Development Application HRS-l, signed by myself, as owner's agent, and by the land surveyor. 3. Signed environmental assessment form Be advised that the test well was sampled by your representative on 4/29/86. In order to proceed with the division process before the Southold Town Planning Board, we must first obtain your letter stating that this subdivision meets the requirements of Article VI of the Suffolk County Sanitary Code. Please forward same to this office as soon as your determination has been made. Sincerely, Rudolph H. Bruer RHB/df Encs. cc: Mr. and Mrs. Frank Stillo Southold Town Planning Board c~'<7!/\ <)\'1,\\]'-1. ., . . . . . . Southold Town Board of Appeals MAIN ROAO. STATE ROAD 2S SOUTHOLO. L.I.. N.Y. 11971 TELEPHONE (516) 765,1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3562 Application Dated October 2, 1986 TO: Mrs. Patricia C. Moore [Appellant (s)] Rudolph H, Bruer, Esq, as Attorney for ANA G. STILLO Main Road Southo1d, NY 11971 At a Meeting of the Zoning Board of Appeals held on December 11, 1986, the above appeal was considered, and the action indicated below was taken on your [X ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section ~~~ [)(] Request for Variance to the Zoning Ordinance , \.~, ~ Article I I I, Section 100-31, Bu1 k Schedule .J,' [] Request for ;' , Application of ANA G. STILLO for Variances: (1) to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient lot area, width and depth of three parcels in this pending Minor Subdivision, and (2) to New York Town Law, Section 280-a for approval of access over private right-of-way extending from the north side of Main Road to the premises in question. Location of Property: ROW off the North side Main Road, Orient, NY; County Tax Map District 1000, Section 14, Block 2, Lot 26, containing 3.2 acres total. WHEREAS, a public hearing was held and concluded on November 20, 1986 in the Matter of the Application of ANA G. STILLO under Appeal No. 3562; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. The premises in question is a described parcel of land containing a total area of 3.2 acres which extends at the north end of a 20' right-of-way 300.43 feet from the north side of the Main Road, Orient, Town of Southo1d, and is more particularly designated on the Suffolk County Tax Maps as District 1000, Section 014, Block 2, Lot 26. 2 . The entire premises is vacant. 3. This is an application requesting: (a) approval of the proposed insufficient area of proposed Parcel #1 of 1.2 acres, or 52,272 sq. ft.; Parcel #2 of 43,560 sq. ft. (1.0 acre); and Parcel #3 of 43.560 sq. ft. (1.0 acre); and eac~ having an insufficient average depth [east-west] ~t?Of 157:t feet, and (b) approval of access over a 20-ft. . . (CONTINUED ON PAGE TWO) ,~ DATED: December 11, 1986, CHAIRMAN, SOUTHOLD TOWN ZONING BOARD J} OF APPEALS ~ Form ZB4 (rev. 12/81) . . "' . . . , - Page 2 - Appeal No. 3562 Matter of ANA G. STILLO Decision Rendered December 11, 1986 wide right-of-way extending 300.43 from the north side of the Main Road to the beginning of the 3.2-acre parcel. 4. Town records show that the subject 3,2-acre parcel was conveyed to the applicant on July 20, 1983, Liber 9393 cp 136. 5. Vari ances of 27,600 sq. ft., or 34.5% of the minimum lot area requirement of 80,000 sq. ft. (adopted May 20, 1983 ) for proposed Lot #1, and 35,200 sq. ft. or 44% for each of the remaining two proposed parcels, are requested. The percentages requested are substantial in relation to the zoning requirements. 6. It is noted for the record that: (a) by letter dated April 24, 1986, the N.Y.S. Department of Environmental Conservation waived jurisdiction; (b) the Suffolk County Department of Health Services approved this three-lot division October 21, 1986 ; (c) an application is pending before the Southo1d Town Planning Board for a minor subdivision which has not as of this date been finalized. 7. It is further noted for the record that premises to the west (Malis) consists of 10+ acres. Premises to the east are two minor subdivisions finalized prior to the enactment of the 80,000-minimum lot area requirement, to wit, the most northeasterly five-lot minor subdivision (approved November 29, 1972, Frank Sti11o), and the southeasterly three-lot minor subdivision (approved June 12, 1979, P. Sledjeski). Properties further east thereof vary from four to nine acres, or more. 8, With reference to the request for approval of access pursuant to New York Town Law, Section 280-a, it is the opinion of this board that improvements over the 20-ft. wide right-of-way are necessary and are further stipulated, infra. It should be understood that the conditional approval of access is to the premises as a whole (3,2 acres). In considering this appeal, the board also finds and determines that the area variances requested must be denied since: (a) the percentage of relief requested is substantial, being a variance of 34.5% and more of the requirements; (b) the circumstances are not unique; (c) there would be a substantial change in the character of the neighborhood, setting a precedent for simi1iar situations in the area; (d) the relief requested is not the minimal necessary; (e) there is a method feasible for appellant to pursue other than the variances requested; (f) this project is not consistent with the spirit and intent of the zoning ordinance; (g) in view of the manner in which the difficulty arose and in considering all the above factors, the interests of justice will be served by denying the'variances as applied. Accordingly, on motion by Mr. Ooug1ass, seconded by Mr. Sawicki, it was .' . . . . . Page 3 - Appeal No. 3562 Matter of ANA G. STILLO Decision Rendered December 11, 1986 RESOLVED, to DENY the area variances requested for the three proposed-pircels; and be it further RESOLVED, to GRANT Approval of Access pursuant to New York Town Law, Section 280-a over the 20-foot wide right-of-way extending from the north side of the Main Road a distance of 300.49 feet to the northwesterly section of the subject 3.2-acre premises, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the applicant's legal right to use this 20-ft. wide right-of-way be in fu 11 force and effect; 2. That this approval of access is granted for one dwelling (one lot) and shall not be recognized as approval of access for any other dwellings; 3. That the right-of-way be cleared and improved a full 10-feet in width as follows: Excavate 12" deep (or to sand) and repl ace with bank run containing a 20% stone content, and add two inches (2" ) of stone blend or crushed concrete as top layer. 4. Final acceptance of improvements to be made as authorized by the Board of Appeals, and if inspected and approved by the Building Inspector, a copy of his written report and acceptance to be submitted to the Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. This resolution was duly adopted. (Member Grigonis was absent due to illness.) * * * lk ~~~ GERARD P. GOEHRINGER,' IRM N - December 16, 1986 . .' " . . ~~ ~ f1g- 1~RS ATTORNEY. AT LAW OCT 9 MAIN ROAD SDUTHDLD. NEW YORK 1 1971 LEFFERTS P. EDSON (516) 765-1222 RUDOLPH H. BRUER (516) 765.2500 October 8, 1986 Suffolk County Dept. of Health Services General Engineering Services County Center Riverhead, N.Y. 11901 Re: Minor Subdivision for Ana G. Stillo Orient, New York Your reference: 104(SO) Dear Sirs: Pursuant to your notice dated 2/28/86 (copy enclosed), we hereby submit copy of SEQRA determination letter, dated 10/2/86, from the Town of Southold. We believe this completes your file for approval of this matter under Article 6 of the Suffolk County Sanitary Code. May we please have your determination as soon as possible. Sincerely, Rudolph H. Bruer RHB/df Encs. cc: Mr. and Mrs. Frank Stillo Southold Town Planning Board Southold Town zoning Board of Appeals do.~ c.- ,~ oV€Y . . ~ . 'oCT 9 1986 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 2S SOUTHOLD. L.I.. N,Y. 11971 TELEPHONE (516) 765,1809 APPEALS BOARD MEMBERS October 2, 1986 GERARD p, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR, S.E.Q.R.A. ROBERT J, DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3562 ANA G. STILLO -, PROJECT NAME: 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. This board determines the within project not to have a signifi- cant adverse-effect on the environment for the-reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: l.lll~j,ance for approval of insufficient area and depth of three proposed parcel s in thispendin9 minor subdivision. LOCATION OF PROJECT:. Town of Southold, County ?f.Suffol~, more particularly known as: R1 ght-of:w~y off ,the North. Sl de of Ma 1 n Road, Orient, NY; 1000-14-2-26, conta1n1ng a total of 3.2 acres. REASON ( S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; , , (2) The relief requested is a lot-line/area variance regulated as provided in Section 617.13 of the State Environmental Quality Review Act, 6 NYCRR. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, South01d Town Board of Appeals" Town Hall, Southold, NY 11971; tel.. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. , _ ,(?J~ 'R''f!'J ~ ,0 . . T LD Southold, N, Y, 11971 (516) 765-1938 June 13, 1986 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, NY 11794 Gentlemen: - Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the subdivision of Ana G. Stillo, located at Orient, tax map no. 1000-14-2-26. This project is unlisted and an initial determination of nonsignificance has been made. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until June 27, 1986. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of lead agency. Very truly ~ours, " ..Be I--I...d:t "/{owi] ~- gr dn..A- BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTH OLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. cc: Department of Health Services I I . . JUN 6 1986 G'~~ ~~ ATTO"NEYS AT LAW MAIN ROAD SDUTHOLO, NEW YORK 11971 LE~F"ERTS P. EDSON (S 16) 765-1222 RUDOLPH H. BRUER (516) 765.2500 June 5, 1986 Southold Town Planning Board Town Hall Main Road southold, N.Y. 11971 Re: proposed minor subdivision of Ana G. Stillo Orient, New York Dear Sirs: We enclose herewith Short Environmental Assessment Form in connection with the above matter. Please advise us of any comments or recommendations received as a result of your referrals under SEQRA. Sincerely, ~~IJM dolph . Brue' c, R B/df Enc. 1+16-4 (9{841 ~JUN 6 1986 . , ft PROJECT 1.0. NUMBER , NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION qU1 . . DIVISION OF RECUlATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I Project Information (To be completed by Applicant or Project sponsor) 1. Applicant/sponsor 12. Project -Name Subdivision for Ana G. Stillo 3. Project location: Municipality Orient, TcMn of Southold County SUffolk 4. Is proposed action: Kl New 0 Expansion o Modificationlalteration 5. Describe project briefly: Subdivide a 3.2 acre parcel into three (3) one-acre lots 6. Pr~cis~ location (road inters~ctions, prominent landmarks, etc. or provide map) See attached map 7. Amount of land affected: Initially 3.2 acres Ultimately 3.2 acres 8. Will proposed action comply with existins zoninS or other existing land use restrictionsl o Ye, IK] No If No, describe briefly Proposed lots are of insufficient area under =rent zoning regulations. 9. What is present land use in vicinity of projecU Ii] Residential o Industrial o Commercial 1iI Agriculture o Parkland/open space o Other ... Describe: .... 10. Does action involve a permit/approval. or funding. now or ultimately, from any other governmental agency (Federal, state or local)l 51 Yes o No If yes, list agency(s) and permit/approvals N.Y.S. DEC - Permit to Subdivide TcMn of Southold-Permit to subdivide Suffolk Co. Hea! th Dept. - Permit to Subdivide & variance for insufficient area 11. Does any aspect of the action hav~ a curr~ntly valid permit or approvall [}jj Ye, o No If yes, list agency name and permit/approval type N.Y.S. DEC - Letter of Non-jurisdiction 12. As result of proposed action will existing permit/approval require modificationl o Ye, ~ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Rudolph H. Bruer. at-t-rrrn~y for rlppl i~anr. Date: 6/5/86 Signature; " the action Is In the Coastal Area. and you are a state agency. complete the , Coastal Assessment Form belore proceeding with this assessment OVER ~ . . PART II Environmental Assessment (To be completed by Agency) .. , -' A. Does action exceed any Type I threshold in 6 NYCRR. Part 617.121 If yes, coordinate the review process and use the fUll/LONG FORM EAF. DYe, o No 8. Will action receive coordinated review as provided for Unlisted Actions In 6 NYCRR, Part 611.71 If No. a ne.ative declaration may be superceded by anothl Involved action. DYe, o No C, Could a"ion "'ult In ANY adve"e effects on. to, 0' ..i.ing f,om the follOWing, 'An,we" may be handw'inen. If 'egible) C1, Existing ai, quality. ,uriace ... g",undwa,e. quality 0' quanlity. noi'e 'evel., eXi'ling "aWc patte.." 'olid wa"e P,""uclion 0' di'po.al. potenlia' fo, e",.lon drainage or flooding problems? Explain briefly; C2, Hi.to.;c. a<cheologica/. vi.ua' 0' ae"helic, 0' othe, natu..1 0' cul'u..r 'e'ou'ce" ag,icultu..1 di.t,lets, 0' community 0' neighlto,hood chmcte,' Exp'ain b,iefl CJ, Vegetalion 0' fauna. movement of fi.h 0' wildlife .pecie.. ./gnillean' habilats. 0' th,eatened 0' endange'ed 'pecie,' Explain b,iefly. C4, A community. exi"/ng plan. 0' goals a. officiallv adopted, 0' a change in u'e 0' in'en'ilv 01 u.e of land 0' othe, natu..1 'e'ou'ce,' Explain b.;eflV, CS, C,owth. ,ub,equen' developmen'. 0' ,,'ated aclivilie. IikelV to be Induced bv the p,opo,ed aclion' Explain b,ieflv, C6. S<<ondary, cumulative, or other effects not identified in C1<61 Explain brief/yo .... C7. A change in use of either quantity or type of energyl hplain briefly. PART III , Determinatfon of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial. large, important or otherwise significant. Each effect should be assessed in connection with its Ca) setting Ci..e, urban or rural); Cb) probability of OCcurring; Cc) duration; Cd) irreversibility; (e) geographic scope; and (f) magnitude, If necessary, add attachments or reference supporting mate,ials, Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. o Check this box if you have identified one or mO'e potentially large or significant adverse impacts which MA y occur, Then proceed directly to the FUll/LONG FORM EAF and/or prepare a positive declaration, o Check this box if you have determined. based on the information and analysis above and any supporting documentation. that the proposed action WIll NOT result in any significant adverse environmental impacts AND prOvide here, and on attachments as necessary. the reasons supportng this determination: ^gency Name Agency Prepater's Name Pteparer's 5ignatureITitle Date . . T Southold. N,Y. 11971 (516) 765-1938 February 13, 1986 Mr. Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Ana G. Sti110 located at Orient Dear Mr. Bruer: The following action was taken by the Southold Town Planning Board, Monday, February 10, 1986. RESOLVED that the Southold Town Planning Board refer the following comments and recommendations regarding the subdivision proposal for Ana G. Stillo, located at Orient: Tho propo,od roning for thi, aroa ir R-80 and tho arl:~ ~ just South of this! parcel is proposed for R-400 zoning. . .. q d The Board is not in favor of this subdivision and ~~~L.P recommends that it remain as one building lot, since the _~-~~ proposed subdivision is not in compliance with the existing 6(-000 \I:61J0 or proposed zoning. 1'QD0 If you have any questions, please don't hesitate to contact our office. Very truly yours, :f:xluLaL frLiw-fllZ, Wd~ BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary cc: Board of Appeals i I - - . . ~~~~~ ATTORNEYS AT LAW MAIN ROAD J A "'31 '''''''1'1 SDUTHOLO. NEW YORK 11971 LEFFERTS P. EDSON (516)'765-1222 RUDOLPH H. BRUER January 28, 1986 {S16) 765-2500 Mr. Ritchie G. Latham, Jr. Peters Neck point Orient, New York 11957 Re: proposed minor subdivision of Ana G. Stillo Orient, New York Dear Mr. Latham: I was present at the planning Board meeting held 1/27/86, and realized that you are appointed to do a field inspection on the above subdivision. I also realize that this property is in a two-acre zone, however, the reason for the one-acre application is that there are two subdivisions to the east which are of the .one-acre variety.. For your review, I am enclosing copies of the subdivision maps. We are hoping that your board and the Zoning Board of Appeals will take this into consideration when reviewing this minor subdivision proposal. Sincerely, Rudolph H. Bruer RHB/df Encs. cc: Southold Town planning Board 2(D4 l~6\-8~ .' JAN 31 R[C'O -'Ranl S\1\loSO~dl~on,___ I ." - - : 'O~G y,APO~'Pf20PEf2TY I ------ "'''~ "~v," 6EN~;~~c;~~I(AW ...~ --- C"ittr; 'C';'::',;: _'" '''",,",'- '. '" /Jl.! '''10' .,........ _, }', ".... ,_,.', " ~j, -::-_ t '-.... _.~' ;i":~:':;..'_ c :.k1E.'fi:C, \ -">.''''''.'C. ."" C? 0" I ".' :';.~>:':~::.., ,-.r~:~::;~$:J:,.t.,6...t7;-'N~ !II 5O,!2->H' .' \ " <}'1;'<'i'3,:.,..,.,:.';'i;--,ijj~,7:7. ~ I 2 ~ '. "',' '"J\"""''',' , "'-~i 'or .__"., . o ,:i; ...~S~ ~ .J}4-i;~~~\~rt";';;21;;~?~1~1:", a :~~ ~ - f"'j i \' ~. , 1-', I I - \ ,-', \ ii /' U ".' '_:,.,":" .. ,'; "f" -;,; ,-,;:'; :, .. : .." ':-";;'1:_'\' :,:::,' ~~~,::' I _".,. "~I' ,',.',""". I, ic);.i.o.iii:7; ~l '<",:'),_",:,-;f.;'~~:ik:;!~{f~:'?l! ,:: k';':', -'0 j 'lIS ClIO .. " /'.'.' '.""~:'." 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I" ., II'V. - 3118.., -, - . - --., . , L.'-cen5ed Land S'n'V<Ci""~ .. -e ,. . .. 0'. MAIN 120AO . GreenpoJ"'f, N.Y. ~. , , . Amended Ju.u~ :.197S' _~L - - ---- - "-. A..........d..d Apvi I 1.0.1975. " ----- --- ---- "-.-'-'-~-"-'-'- . . D LD Y Southold. N.Y. 11971 (516) 765-1938 January 28, 1986 r I \ Mr. Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Ana G. Stillo Dear Mr. Bruer: The Planning Board reviewed the above mentioned application at the Monday, January 27, 1986 meeting. It was the consensus of the Board to conduct a field inspection of the premises prior to any recommendations or action. If you have any questions, please don't hesitate to contact our office. . Very truly yours, '0 e.h n.L tt- Of"lowL::Jv:) ~~ BENNETT ORLOWSKI, JR., CHAIRMA - SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary cc: Board of Appeals . . r;f~.-.I~_ "TTOANEV. AT LAW 'JA N 1 t:' !'(C'l1' MAIN ROAD SOUTHOLD. Nf::WYO"K 11971 LE"F"ERTS P. EDSON (51.) 765-1222 RUDOLPH H. BRUER January 13, 1986 (S16) 765-2500 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Proposed minor subdivision of Ana G. Stillo Orient, New York Dear Sirs: On behalf of our client, Ana G. Stillo, we submit herewi th twelve (12) copies of a sketch plan showing a proposal for a minor subdivision of her property at Orient, New York. Also enclosed is my affidavit, in compliance with Article IV, Section AlO6-40(B) of the Town Code. We respectfully request that this submission be reviewed at your earliest meeting date. H. B"FfY and Mrs. Frank Stillo . . RE: proposed minor subdivision of Ana G. Stillo Orient, New York STATE OF NEW YORK) )SS. : COUNTY OF SUFFOLK ) RUDOLPH H. BRUER, being duly sworn, deposes and says: THAT he is an attorney, licensed to practice law in the State of New York, and that he resides at (NO') Main Road, Southold, New York; THAT he knows that ANA GREGORI STILLO (a/k/a Ana G. Stillo), residing at (NO' Montebello Road, Suffern, N.Y. 10901, is the owner of the premises subject to this submission, and THAT DAY ROSE, residing at 2929 S. E. Ocean Boulevard, stuart, Florida 33494, is the holder of a first mortgage on this property in the sum of $95,000.00, and THAT, FRANK STILLO, residing at (No') Montebello Road, Suffern, N.Y. 10901, is an obligor on the bond securing said mortgage; THAT the above mentioned are the only persons or entities having an interest, direct or indirect, in this proposed subdivision; THAT your deponent makes this affidavit in compliance with Article IV, Section A106-40(B) of the Southold Town Code, knowing that the Southold Town Planning Board will rely upon the statements herein. Rudolph H. Bruer Sworn to before me this 13th day of January, 1986 ( IL~~ ~rY Public MARY DIANA fOSTER NOTARY PUBLIC, SI.le of New York No, 52-4655242, Sulfolk Coumy Commission Expires March 30, 19 r-7