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Home My WebLink About1000-101.-2-19N TEST BORING PROPERTY LIE HOUSE ROAD TYPICAL PLOT PLAN TYPICAL SEWAGE DISPOSAL SYSTEM CONTOUR LINE I$ REFERENCED TO FIVE EASTERN TOWNS TOPOGRAPHIC MAP LOT 1 AREA = 5.9465 acres or 259,0~0 sqft. LOT 2 AREA = 1.3796 acres or 60,0~$ SC/. ft. TOTAL AREA = Z$261 acres or $19,124 sq ft. I HEREBY CERTIFY THAT THE Rd SYBTEMIS) FOR TI~S PROJECT WERE DE$1$NED BY ME OR UNDER MY DIRECTION.~8,4$ED ON UPON A CAREFUL AND THOROUGH STUo~Y O, FC SOl~: SITE AND IGR~)UND WA TER CONDITION~ALL LOTS AS PROPO ED, ONF RM TO THE 5~JFF~LK COUNTY OEPART~ENT~OF HEAL TH $~RVIDES ? cr H,P. SUBMERSIBLE PUMP STAINLESS STEEL SCREEN WELL DETAIL~ APPROVED BY. PLANNING BOAP. D TOWN OF $OUTHOILD )EC 1 CLUSTERED SET- OFF FOR BRUCE ISAACS A T CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. lO00 - I01- 0£- Ig M~ch.~ 2002 KEY MAP scale I" = SUFFOLK COUNTY DEPARTMENT OF HEAt TH SERVICES HAUPPAU.~E~ N. DATE ~ THIS IS TO CERTIFY ..THAT THE~OPOSED~EAL TY SUSD~ OR DEVELOPMENT FOR ~.~ ~I-~.~OF ~ G ~o[~ ~ITH A TOTAL ~ LOTS ~AS AP~O~ ON ~ A80~ DATE. FAT~ E~PLES A~ SEWAGE OI~OEAL FA~ITES MUST CO~OEM TO CONETRUCT~ STANDARDS IN ~FECT AT THE T~E OF CONSTRUCTION A~ ARE S~JECT TO SEPARATE PE~TS PURSUANT TO T~ STA~A~S. ~S APPROVAL SHALL BE VAL~ ~L Y ~ T~ REAL TY SU~N /DEVEL~NT ~P DULY FILED ~ITH T~ COUNTY CLERK FIT~N ~ YEAR ~ T~E DATE CONSENT IS ~BY GIVEN FOR T~ FILING OF THIS MAP ON THIS ENDORSE~NT APPEARS IN THE OFFICE OF T~ COUNTY CLERK IN ACCORDANCE ~ITH PROVISIONS OF THE PUBLIC ~L ~ LAF A~ T~ ~F~K C~TY SAMTARY C~. ~ VITO A. ~ P.E. D~CT~ ~VIS~N OF ENV~O~NTAL QUALITY THIS IS TO CERTIFY FHA T THE SUBDIVISION PLA T HAS BEEN APPROVED BY THE PLANNING BOARD OF THE. TOWN OF SOUTHOLD BY RESOLUTION APPROVAL DA BY CHAIRMAN PLANNING BOARD OWNER, BRUCE ISAA CS 5290 AL VAHS LANE P.O. BOX 779 CUTCHOGUE, N.Y. 11935 ZONING DISTRICT - FIRE D/STRICT - SCHOOL DISTRICT __ A-C CUTCHOGUE CUTCHOGUE I HEREBY CERTIFY THAT THIS SUBDIVISION PLA T WAS MADE FROM ACTUAL SURVEYS COMPLETED ~/4/~ , THAT ALL MONUMENTS SHOWN THUS, ~ ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHORN AND ~LL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. /¢HN~T.-M~E~, M Y.~, L.S. LIC. NO. 49GIG $outho)d Town PECONIC SURVEYORS~ P.C. (631) 765 - 5020 FAX (G31} 765 - 1797 P. O. BOX 909 12.]0 TRAVELER STREET SOUTHOLD, N.Y. 11971 02- 111 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 17, 2002 Mr. Bruce Isaacs 5290 Alvah's Lane P.O. Box 779 Cutchogue, New York, 11935 RE: Set-off for Bruce Isaacs Located on the north corner of Alvah's Lane and the Long Island Rail Road SCTM#1000-101-02-19 Zone: A-C Dear Mr. Isaacs: The Southold Town Planning Board, at a meeting held on Monday, December 16, 2002, adopted the following resolution: WHEREAS, the applicant proposes to cluster set off a 1.37 acre improved lot, located within the A-C Zoning District, from a 7.32 acre parcel with access from Alvah's Lane in Cutchogue; and WHEREAS, on June 11, 2002 the Planning Board granted sketch plan approval on the map, dated March 6, 2002; and WHEREAS, the Suffolk County Department of Health issued its approval on September 23, 2002; and WHEREAS, the Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, performed a review of this unlisted action, made a determination of non-significance and granted a Negative Declaration on June 10, 2002; and WHEREAS, the Southold Town Planning Board granted conditional final approval on the maps, dated March 6, 2002, and all conditions have been met; be it therefore RESOLVED, to authorize the Chairman to endorse the maps dated March 6, 2002. Isaacs - Paqe Two - 12/17/02 Enclosed please find a copy of the map that was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, Chairman encl. CC: Tax Assessors Building Department ' SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: Number of Pages: 5 DECLARATION COVENANT/~ESTRICTI District: Section: Block: 1000 101.00 02.00 Recorded: At: LIBER: PAGE: E~AMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $15.00 NO Handling COE $5.00 NO NYS SURCHG TP-584 $0.00 NO Notation Cert. Copies $5.00 NO RPT SCTM $0.00 NO THIS PAGE IS Fees Paid A PART OF THE INSTRUMENT 12/06/2002 12:01:41 PM D00012223 943 Lot: 019.000 Exempt $5.00 NO $15.00 NO $0.00 NO $30.00 NO $75.00 Edward P.Romaine County Clerk, Suffolk County Number of pages ~'~ TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Page / Filing Fee Handling Deed / Mortgage Tax Stamp FEES TP-584 Notation EA-52 17 (County). Sub Total EA-5217 (State) R.P. TS.A. Comm. of Ed. Reg, Copy Other Sub Total Grand Total District Real Property Tax Service Agency Verification Section Block Lot Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: ?":5-' Co. Name Title # t~:ECOR['.E['. 2002 Eec 06 i2,"0!:4! Pt't Ed,,Jard P. Ron,~J.r-,e CLEF:K OF SUFFOLK C OU~.!T '...' L D00012223 P 943 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD TD Title Com 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Dr" C/~d/"~ t[o,'J ~4' ~o ~/r'.qfiW~¢f; O- ~e.5~ric '¢,'¢,., s' made by: (SPECIFY TYPE OF INSTRUMENT) ~"~'67 ~ 5 The premises herein is situated in ~'-~ qc~' ~5~ e SUFFOLK COUNTY, NEW YORK. TO /' In the Township of %£t 4 ~t,'~'I In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this -/ day of December, 2002 by BRUCE M. ISAACS, residing at 5290 Alvahs Lane, Cutchogue, NY 11935, hereinafter referred to as "Declarant." WITNESSETH: WHEREAS, Declarant is the owner in fee simple of a certain parcel of land situate at 5290 Alvahs Lane, Cutchogue, NY, containing 7.32 acres, and known and designated on the Suffolk County Tax Map CSCTM") as #1000-101-2-19, being the same property conveyed to Declarant by deed recorded on 4/22/83, in Liber 9346 at page 512 (the "premises"); J'~ ~ .,c~-}, e'c0C~4 '/~ WHEREAS, Declarant intends to set-off 1.37 acres of said premises for residential purposes and desires to subject said premises to reservations, restrictions, conditions, covenants, and agreements; WHEREAS, This is a clustered set-off, the remaining acreage (.63) that is not included within Lot 2 (the 1.37 acre set-off ) must be sterilized and cannot be calculated within any future yield. NOW THEREFORE, Declarant does hereby warrant, covenant and represent the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises by acceptance of a deed thereto covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth: 1. Only one residence shall be constructed on each parcel of said premises; 2. The premises shall not be further subdivided into perpetuity; That all of thc covenants, conditions and restrictions contained herein shall be construed as running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises in perpetuity; and That said covenants, conditions and restrictions shall be binding upon and be enforceable by Declarant, their heirs, successors and assigns, any owner of any portion of the premises, their heirs, successors and assigns and the Town of Southold and its successors and assigns, and the failure of any of the foregoing to enforce any such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. I If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the pan so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. /N WITNESS WHEREOF, DECLARANT has caused his hand and seal to be affixed this ) day of December, 2002. BRUCE M. IS~CS To BE USED ONLY WHEN THE ACKNOWLEDGMENT Is MADE IN NEW YORK STATE STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) On the t4 t--,...., day of December in the year 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared BRUCE M. ISAACS personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instmmem and acknowledged to me that he/she/they executed same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (si~'nature ~nd offic~'~4ff~the person acknowledgment) taking TATE OF NEW YORK :)UNTY OF SUFFOLK SS: :DWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF ')EED LIBER '/,~ ~'--~'--~'--~'--~_"~ AT PAGE ~'~ RECORDED I,~ ~OG--O ~ ID THAT IT IS A JUSCAND TRUE COPY OF~UCH ORIGINAL DECLARATION AND OF THE WHOLE EREOF. TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID UNTY AND COURT THIS ~ DAY OF[~...7_ Odo~ CLERK Zooo SEC o 201.00 BLOCK 02.00 I~T and State o~ Ney York, being ~ded a~ descrt~ BEGI~Z~G at a ~int on the easterly sLde o~ the s~ is 1nteFsected by ~e flor~egly 1~ ~nq ~sland hil R~dz ~nning thence North 33 a3ong the Easteg2y side c~ Alv~*s ~e~ 398.02 n~ o: fo~rly of S~chik; ~ence ~tth 55e saLd land fl~ or lo--Fly o~ S~h~ 748.26 34° ~9' 20° ~st, st111 a~ong sa~d lnd n~ or Smichik, 45X.65 f~t to ~e Nog~e:ly l~e of o19.000 f! of ~ Long Island ~mtl Road; thence South 59° 56* 40' Mest, ~ alon~ sa~d land of the Long Island Ea£1 Road, 755.97 feet to the If ,~ Easterly s£de of Alv&hOs Lane mt the point or pi&co of BEGINNllG. ~EXNG a~d £ntended to be the prea~sem ¢onve~ed to tho l:~ty of J; the first pa~ hereby by deed dated June 30, 1977, recorded ~Ln · r . /J., the Suffolk County Clerk*s Office on June 30, 1977 ~n Liber 8261 ~ ::~/ 1~ of Deed at Page 529° '7 il Sub~ect to all co*.'enants, restrictions, agreements and encumbrance, record. DECLARATION OF COVENANTS AND RESTRICTIONS '3[ DECLARATION made this(~'~ day of November, 2002 by BRUCE M. ISAACS, residing at 5290 Alvahs Lane, Cutchogue, NY 11935, hereinafter referred to as "Declarant." WlTNESSETH: WHEREAS, Declarant is the owner in fee simple of a certain parcel of land situate at 5290 Alvahs Lane, Cutchogue, NY, containing 7.32 acres, and known and designated on the Suffolk County Tax Map ("SCTM") as #1000-101-2-19, being the same property conveyed to Declarant by deed recorded on 4/22/83, in Liber 9346 at page 512 (the "premises"); WHEREAS, Declarant intends to set-off 1.37 acres of said premises for residential purposes and desires to subject said premises to reservations, restrictions, conditions, covenants, and agreements; WHF-REAS, This is a clustered set-off, the remaining acreage (.63) that is not included within Lot 2 (the 1.37 acre set-off ) must be sterilized and cannot be calculated within any future yield. NOW THEREFORE, Declarant does hereby warrant, covenant and represent the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinat~er set forth, and that every purchaser of said premises by acceptance of a deed thereto covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions hereinat~er set forth: I. Only one residence shall be constructed on each parcel of said premises; The premises shall not be further subdivided into perpetuity; J3£C uz 2002 $outhold Town Ptanning That all of the covenams, conditions and restrictions contained herein shall be construed as running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises in perpetuity; and That said covenants, conditions and restrictions shall be binding upon and be enforceable by Declarant, their heirs, successors and assigns, any owner of any portion of the premises, their heirs, successors and assigns and the Town of Somhold and its successors and assigns, and the failure of any of the foregoing to enforce any such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereat~er. I If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof otber than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by thek provisions to be incorporated herein and made a part hereof; as though fully set forth. PROPOSAL 15 TO 5ET OFF A -~I ~CRF. PARCEL FROM AN EXISTING ACRE PARCEL LOCATED ON _ ' ' ._ SET OFF Complete application received Application reviewed at work session Applicant. advised of necessa)y revisions Revised submission received Sketch plan approval -with conditions Lead Agency Coordination SEQRA determination Sent to Fire Commissioner Receipt of firewel! location Notification to applicant to include on final map Sent to County Planning Commission Receipt of County Report Review of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Receipt of mylars and paper prints with tlealth approval }T-IS- Final Public Hearing Approval of set off -with conditions p/~ ~< 4- pzn z"c~ x~oa-ra2 ~~''''~---->~'' Endorsement of set off WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hail, 53095 State Route 25 P.O. Box 1179 Southold, New York ! 1971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form NameofSubdivision: C]vO['~ t'e~ ~-4-'O'~f '3('~'c l/~ £ffgC Suffolk County Tax Map # 1000- ]0 ! - 0 ~ - ! c/ Type of Subdivision: Major Minor Cluster Subdivision: ~ No Street Location: ~'~0 ,6(/[/at~S ~.~/x/~. Acreage: '7, 3 Number of Lots: Lot-Line Zoning District: Date: Please list name, mailing address, and phone number for the people below: Agent handling the application: (Contact Person) Property Owner(s): ~o~9//it aM'//- 7~'- s-oao Engineer: Attorney: Other Agent(s): Has this property had a previous application to the Planning Board? Has this property previously received a SEQRA review? Have you had any pre-submission conferences with the Planning Board? Does this application have variances from the Zoning Board of Appeals? Appl. No. Date Is this property adjacent to any bodies of water? Yes (~ Are there any wetlands on the property? Yes N~ Are there public water mains in an adjacent street? Yes N~ Is public water proposed for the subdivision7 N~ Are there any existing easements on the property? Yes Yes ~ Is there a proposed sale of development dghts on part of the property? Is there a mortgage on the property? Does the owner own any adjacent properties? Yes Yes ~ Are there any building permits currently pending on this property? Yes Yes ~ Yes ~ PROJECTI.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM FoUr UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) .. P.O, ECTLOCAT,ON: 4. PRECISE LOCATION (Street addtes~and road intersections, prominent landmarks, elc., or provide map) fi. IS PROPOSED ACTION: ~'New [] Expansion [] Modificalion/alteration 6. DESCRIBE PROJECT BRIEFLY: · 7. AMOUNT OF ~ND AFFECTED: 8. WILL ROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~ResidenBal [] Industrial [] Commercial ~Agriculture [] Park/Forest/Open space [] Olher Describe: 10. DOES ACTION iNVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHEP GOVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL)? [] Yes Bo Il yes, list agency(s) and permitlapprova~s 11. DOES ANY ASPECT OF= THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes ~r'No If yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICAT,ON? [] Yes {~r'N o I CERTIFY THAT THE INFORMATION PROVIDED AeOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is In the Coastal Area, and you are a state agency, complele the Coastal Assessment Form before proceeding with this assessment I OVER 1 p~_~p_g~_e_o£ bills form is bo _p~ovide in£o~mabion which can $5.50 DZST 1000 SEC. 101,00 BLOCK 02.00 LOT o19.000 THIS INDEN~RE, made the / 3F day of ~o ~. ~ ~ ] . nineleen hundred and eigh~-~ BE~EEN BRUCE M. IS~CS, residing at A1v~s Lane, Cutchogue, New York and PATRICIA AUD IS~CS, his wife, residing at 309 East Main Street, Port Jefferson, New York party of the first part, and BRUCE M. ISAACS, residing at Alvahs Lane, Cutchogue, New York party of the second part, WITlhIF~S-~ETH, that the party of the first part, in consideration of ten dollars and other valnable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected.situate, lyingaud being:llOYd: at Cutchogue, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the easterly side of Alvah's Lane where the same is intersected by the northerly line of land of the Long Island Rail Road; running thence North 33° 31' 40" West, along the Easterly side of Alvah's Lane, 398.02 feet to land now or formerly of Simchik; thence North 55° 52' 30" East, along said land now or formerly of Simchik, 748.26 feet; thence South 34° 19' 20" East, still along said land now or formerly of Smichik, 451.65 feet to the Northerly line of the land of the Long Island Rail Road; thence South 59° 56' 40" West, along said land of the Long Island Rail Road, 755.97 feet to the Easterly side of Alvah's Lane at the point or place of BEGINNING. BEING and intended to be the premises conveyed to the party of the first pa~ hereby by deed dated June 30, 1977, recorded in .the Suffolk County Clerk's Office on June 30, 1977 in Liber 8261 of Deed at Page 529. Subject to all covenants, restrictions, agreements and encumbrances of record. This conveyance is made and accepted subject to an indebtedness secured by mortga~s upon the land and improvements of the premises, held by the Farmers Home Administration of the United States Dept. of Agriculture, which said mortgages the party of the second part hereby assumes and agrees to pay. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abuttiog the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of thc party of the second part forever. AND the party of the: firgt 'p~rt covenants that the party of the first part has not'donetor suffered anything whereby the said premJ'se~ .hav~ be~n encumbered in any way whate~er, except as aforesaid. AND the party of the first' part/ in ~omplJance with Section 13 of the Lien tLaw covenants~thdt [he party of the first part will recei~,e th~ c0fisideration for this conveyance and will bold thb right to receive ~uch consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indentpre I;o requires. IN SVITNE$$ WHEREOF~ the party of the first part has duly executed this deed the day and year first above written. APR SUFFOLK CQ~NTY PATRICIA AUD ISAACS STATE OF NEW YORK, COUNTY OIs SUFFOLK SS: On the 24th day of January ]9 83 , before me personally came PATRICIA AUD ISAACS (o mc known lo be' Ihe Jndivklua] described Jn and w~o executed the foregoing instrument, and acknowledge~that/ ffotaz ~ic 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 depose and say that he resides at No. that he is the of . the corporation described in and which executed tbe foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors' of said corpora- tion, and that he signed h name thereto by like order. S?ATI DP NIW YORK, COUNTY OF SUFFOLK SS: On the /~L day of 7~Jg r~) 19 6"~, before me personally came BRUCE M. ISAACS to me known to be the individual xecuted described in and who the foregoing instrument, and acknowledged that executed the same. 41 .............. STATE OI~ NEW YORK. COUNTY OF SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. ; that he 'knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. illargai, atti l ale l,eei ~ITH COVENANT ACA]NST GRANTOR S A(2TS TITLE NO. ISAACS TO ISAACS STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by CHICA~,GO TII*LB~ INf URANCE COMPANY SECTION I{LOCK LOT COUNTY OR TOWN R~ord~d al R~lumg o/ CHICAGO TITLE INSURANCE COMPANY R,~um by Mail m C. DONALD SHLIMBAUM, ESQ. Robbins, Wells & Walser 119 East Main Street Bay Shore, New York dp No. 11706 0;1D Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 05/23/02 Transaction(s): Application Fees Receipt~: 828 Subtotal $25O.00 Check#: 828 Total Paid: $250.00 Name: Isaacs, Bruce M 5290 Alvahs Ln Cutchogue, NY 11935 Clerk ID: JOYCEW Internal ID: 55114 Town Of Southold P.O Box 1179 Southo~d, NY 11971 * * * RECEIPT * * * Date: 12/27/02 Transaction(s): Park & Playground Receipt~: Check#: 874 Total Paid: 874 Subtotal $5,000.00 $5,000.00 Name: Clerk ID: Isaacs, Bruce M 5290 AJvahs Ln P O Box 779 Cutchogue, NY 11935 LINDAC internal ID: 65397 Subject: Submission Without a Cover Letter ~z'~e ~ O-'fa~ Anne Pag~ 1 of 3 From: To: ~ent: 'l~Jce Isaacs" <bmiaaacs~yahoo.com> "Bill" <acremem~suffolk.lib. ny.us> Thursday, November 07, 2002 5:46 PM C and R. rtf DECLARATION OF COVENANTS AND RESTRICTIONS Southold Town Planning Board DECLARATION made this day of November, 2002 by BRUCE M. ISAACS, resii:ll~g at 5290 Alvahs Lane, Cutchogue, NY 11935, hereinafter referred to as "Declarant." WI'I~ESSETH: WHEREAS, Declarant is the owner in fee simple of a certain parcel of land situate at 5290 Alvahs Lane, Cutchogue, NY, containing 7.32 acres, and known and designated on the Suffolk County Tax Map ("SCrM") as #1000-101-2-19, being the same property conveyed to Declarant by d~,,--J recorded on 4/22./83, in Liber 9346 at page 512 (the "premises'd; WHERE. AS, Declarant intends to sat-oil 1.37 acres of said premises for residential purposes and desires to subject said premises to reservations, restrictions, conditions, covenants, and WHEREAS, This is a clustered sat-off, the remaining acreage (.63) that is not included within Lot 2 (the 1.37 acre sat-off ) must be sterilized and cannot be calculated within any future yield. NOW THEREFORE, Declarant does hereby warrant, covenant and represent the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises by acceptance of a dccd thereto covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and resbictions hereinafter set forth: 1. Only one residence shall be constructed on each parcel d said premises; 2. The premises shall not be further subdivided into perpetuity; 3. That all of the covenants, conditions and restrictions contained herein shall be construed as running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises in perpetuity; and 4. That said covenants, conditions and restrictions shall be binding upon and be enforceable by Declarant, their heirs, successors and assigns, any owner of any portion of the premises, their helm, successors and assigns and the Town of Southold and its success~'s and assigns, and the failure d any d the foregoing to enforce any such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. 11/7/02 Page 2 of 3 If any section, subsection, paragraph, clause, phrase or provision of tt~ese covenants and ~ions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and' made a part hereof, as though fully set That the within Declaration shall run with the land and shall be binding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modir~d, terminated, revoked, annulled, or amended by subsequent owners of fire Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, DECLARANT has caused her hand and seal to be aff~xed Ibis day of November, 2002. BRUCEM. ISAACS 11/7/02 ~3~3 TX) BE ~ ~ WHEN ~ ACKNOWLEDGMENT Is MADE IN NI~NYORK ~ STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) On the day of November in the year 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared BRUCE M. ISAACS personally kno~ to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed same in his/her/their capacity(ies), and that by his/her/their signature(s) on the insf~ument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signature and ofrme of the person taking acknowledgment) Do you Yahool? U_2 on LAUNCH - Exclusive medley & videos from Greatest Hits CD 11/7/02 PLA~qN~G BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMEI~S KENNETH L. EDWARDS MARTIN $IDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 6, 2002 Mr. Bruce Isaacs 5290 Alvah's Lane P.O. Box 779 Cutchogue, New York, 11935 RE: Set-off for Bruce Isaacs Located on the north corner of AIvah's Lane and the Long Island Rail Road SCTM#1000-101-02-19 Zone: A-C Dear Mr. Isaacs: The Southold Town Planning Board, at a meeting held on Monday, November 4, 2002, adopted the following resolution: The final public hearing was closed. WHEREAS, the applicant proposes to cluster set off a 1.37 acre improved lot, located within the A-C Zoning District, from a 7.32 acre parcel with access from Alvah's Lane in Cutchogue; and WHEREAS, on June 11,2002 the Planning Board granted sketch plan approval on the map, dated March 6, 2002; and WHEREAS, the Suffolk County Department of Health issued its approval on September 23, 2002; and WHEREAS, the Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, performed a review of this unlisted action, made a determination of non-significance and granted a Negative Declaration on June 10, 2002; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps, dated March 6, 2002, subject to the following conditions. If these conditions are not met within six (6) months of the effective date of this resolution, this conditional final approval will expire: Isaacs - PaRe Two - 11/6/02 1. The submittal of the $5,000.00 Park & Playground fee ($5,000.00 for each unimproved lot) to the Planning Board Office. 2. The amendment of the Covenants and Restrictions submitted to the Planning Board Office on October 25, 2002 as follows: a. Delete the clause immediately following I; it is inserted twice in the document. 3. The submittal of the revised Covenants and Restrictions to the Planning Board Office and upon approval, the filing of the Declaration of Covenants and Restrictions with the Suffolk County Clerk's Office; and upon filing, recording the Liber and Page number upon the final subdivision map. This conditional final approval is valid six months from the date that the resolution was adopted. Failure to meet the above conditions during this period will cause the approval to expire. Please contact this office if you have any questions regarding the above. Very truly yours, Chairman , "' AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on /V{2L/ q! : dO~- , I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on ~) ¢'~ 1~7~ ~Odg- Signature Address Jou// 0oo2- Date N°taryl~:~ubllc / NOV -12. $outhold Town Plann~no Board PLEASE I~ETLIlelV FHI$ AFFIDA VIT AND CERTIFIED MAIL RECEIPTS ON [liE DAY OF. Ole AT TIlE PUBLIC HEA, IPIIVG Re: Proposed Set-Off for Bruce Isaacs SCTM#: 1000-101-2-19 Date of Hearing: Mon., November 4. 2002, 6:00 p.m. , · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delive~j ia desired· · Print your name and address on the reverse so that we can return Jhe card to you. · Attach this c~rd to th~ back of the mailpiece, or on the front if sp~e permits· 1. Article Addressed to~' [] Agent [] Addressee C. Date of Delivery D. is delivery address different from item 17 If YES, enter delivery address below: 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise · · ,2, and 3. Also complete Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Ar[icle Addressed to: · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired· · Print your name and address on the reverse so that we ca~ return the card to you. · Attach this c~l to the back of the mailpiece, or on the front if space permits. · CompLete items 1, 2, and 3. ~ item 4 if Restricted Delivery is desired, · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits· [] Agent [] Addre~ee D. Is delivery address dlff~[ from item 17 [] Yes If YES, enter daiivery address below: [] NO ' 3. Service Type [] Certified Mail [] Registered [] Insured Mail Postage Express Mail D. Is delivery address different from item 17 If YES, enter delivef~ address below: 3. Service Type Fi Certified Mail [] Registered r"l Insured Mail [] Express Mail [] Return Receipt for Merchandise [] C,O.D. A. Signature [] Agent [] Addres~ C. Date of Delivery ! 7'20 D. Is delivery address different frown item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type [] Ce~ified Mail i-'l Express Mail [] Registered r'l Return Receipt for Merchandise [] insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes Cover Letter / //~q t' $outholdTown Pla~n~n~_B~l'd DECLARATION OF COVENANTS ~ RESTRICTIONS DECLARATION made this '~ ff day of October, 2002 by BRUCE M. ISAACS, residing at 5290 Alvahs Lane, Cutchogue, NY 11935, hereinafter referred to as "Declarant." WITNESSETH: WHEREAS, Declarant is the owner in fee simple of a certain parcel of land situate at 5290 Alvahs Lane, Cutchogue, NY, containing 7.32 acres, and known and designated on the Suffolk County Tax Map ("SCTM") as #1000-101-2-19, being the same property conveyed to Declarant by deed recorded on 4/22/83, in Liber 9346 at page 512 (the "premises"); WHEREAS, Declarant intends to set-off 1.37 acres of said premises for residential purposes and desires to subject said premises to reservations, restrictions, conditions, covenants, and agreements; WHEREAS, This is a clustered set-off, the remaining acreage (.63) that is not included within Lot 2 (the 1.37 acre set-off ) must be sterilized and cannot be calculated within any future yield. NOW THEREFORE, Declarant does hereby warrant, covenant and represent the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises by acceptance of a deed thereto covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth: 1. Only one residence shall be constructed on each parcel of said premises; 2. The premises shall not be further subdivided into perpetuity; That all of the covenants, conditions and restrictions contained herein shall be construed as running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises in perpetuity; and That said covenants, conditions and restrictions shall be binding upon and be enforceable by Declarant, their heirs, successors and assigns, any owner of any portion of the premises, their heirs, successors and assigns and the Town of Southold and its successors and assigns, and the failure of any of the foregoing to enforce any such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. I These covenants and restrictions shall run with the land and shall be binding upon the .¥ DECLARANT, its successors and assigns, and upon all persons or entities claiming under d"O'°' them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town granted by a majority plus one vote of the Planning Board after a public bearing. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be binding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners oftbe Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, atter a public hearing. IN WITNESS WHEREOF, DECLARANT has caused her hand and seal to be affixed this~)--~'~ay of October, 2002. /~_,~ ~ ~ BRUCE M. ISAACS To BE USED ONLy WHEN THE ACKNOWLEDGMENT Is MADE I._~N NEW YORK STATE STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ) SS: On the ~,S~t~, day of October in the year 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared BRUCE M. ISAACS personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose nme(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. of the person taking Sender: Subject: Submission Without a COver Letter SCT~f#: lO00- Date: /f-.~ ~ __ ocT x?a~ -= Southold Town Plannincl B~M PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR ,~ P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 4th day of November, 2002 on the question of the following: 6:00 P.M. Public Hearing for the proposed set-off for Bruce Isaacs. The property is located on the north comer of Alvah's Lane and the Long Island Rail Road in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-101-2-19 6:05 P.M. Public Hearing for the proposed set-off for Robert Graeb/Persistence Properties. The property is located on the north side of CR 48, 941' NE of Cox's Lane in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-84-1-10.1 6:10 P.M. Public Hearing for the proposed modification of Covenants & Restrictions for the approved Major Subdivision of James Stavrinos. The property is located on the west side of West Mill Rd., 1,102' south of Naugles Dr. in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-106-9-4.9 Dated: 10/10/02 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Odowski, Jr. Chairman PLEASE PRINT ONCE ON THURSDAY, OCTOBER 24, 2002 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE, THANK YOU. COPY SENT TO: The Suffolk Times P.O. Box 1179 53095 Route 25 Gouthold, NY 11971 Phone: (631} 765-1938 Fax: (6'31) 765-3136 E-MaiU ~lanning(~)southoJd.~, rg l'he Suffolk T~mes ~ Valede 3cx3pa,~,?,arc~ 10/9~02 ~ Ferl ~~ Please prim the following legal ads in ~he 11/4/02 Require' Meeting: 6:00 pm. Set-Off for Bruce t~aacs ~:o~ p.m. Persistence pmpedk~ 6:,'10 p.m. Amendmer~ to Kindly ackn~vlm~e m~elpt !~ signir~g I:~low end fa~dng cov~ ~,~.~ PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF $OUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 4th day of November, 2002 on the question of the following: 6:00 P.M. Public Hearing for the proposed set-off for Bruce Isaacs. The property is located on the north comer of AIvah's Lane and the Long Island Rail Road in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-101-2-19 6:05 P.M. Public Hearing for the proposed set-off for Robert Graeb/Persistence Properties. The property is located on the north side of CR 48, 941' NE of Cox's Lane in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-84-1-10.1 6:10 P.M. Public Headng for the proposed modification of Covenants & Restrictions for the approved Major Subdivision of James Stavdnos. The property is located on the west side of West Mill Rd., 1,102' south of Naugles Dr. in Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-106-9-4.9 Dated: 10/10/02 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 9th day of October, 2002 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 11/4/02 Re.qular Meetin.q: 6:00 p.m. Public Hearing for the proposed Set-Off for Bruce Isaacs SCTM#1000-101-2-19 6:05 p.m. Public Hearing for the proposed Set-Off for Persistence Properties SCTM#1000-84-1-10.1 6:10 p.m. Public Hearing for the proposed amendments to the Covenants & Restrictions of the Major Subdivision of James Stavrinos SCTM#1000-106-9-4.9 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this ~' Y'~day of O~-,~'- ,2002. Notary Pu~blic UNDA J. COOPER Notary Public, State of New York No. 4822563, Suffolk Cou. nty ~..,,,.~.~--- Term Expires Decemo~ ol, ~ ./ NOTICE Ol~ PUBLIC HEA RIN~ NOTICE IS H~y GIVEN ~ pursuant to Section 276 of the 1~ Law, a poblic heating will be held ~y ~ Suuthold Town P~nm~ B~rd, ~,~ Town Hall, Main Ro~ S~thok~ ~ onn~, ~02 on the question ~d~l~ following: . property is located on the hath comer of Alvah's Lane and the Long Island Rail Road in Cutchogue. Town of Sou~hold, County of -%ff~lk, State of New York. Suffolic County Tax Map Number 1000-101-2.19 6:05 p.m. Public Hearing for the pro- posed set-off for Robert erty is located on the north side of CR 48, 941' NE of Cox's Lane in Cutch0~, Town of Sumhold, County of Suffolk&~m~ of New Yod~ Suffolk 10C0.o~n.l ty 1-I Map Number 1000-84-1. 6:10 p.~l P'ablic H~uing for the pm. ~ nm~ificmlon of Coveuants & R~ fe~ ~ N~toved Major Subdivision of J~ S~awioo~. Tbe pmporty is Ioca~l on the west aide of ~ ~ Rd., 1,102' south of Nangles I~'. ia MaUitucl~ Town of $outhold, ~ ef Suffolk, Sta~ of New York. · 'qe~l~ounty Tax M~p Number 1000~ 106-9-4.9 D~sd: 10/10/02 · ty ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Oriowsld, Jr. ~2-IT O24 STATE OF NEW YORK) )SS: CQUNT~, OF SUF~=OLK) ~ ~,,/~"Z~_~.___of Mattituck, in said county, being duly sworn, says that he/she Is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published In said Newspaper once each week for / weeks succes- sively, commencing on the e~f,Z day of PC-7"" 20dA~--~ Sworn to I~for~e me this c'~20 6~ day of_.~J~_-/'- LAURA E. 8ONDARCHUK Notary Public, State of New York No 01 B06067958 Qualified in Suffolk County ~ ~ My Commission Expires Dec. 24, 20--"" CUTCHOGUE FIRE DISTRICT 260 New Suffolk Road, PO Box 930, Cutchogue, NY 11935 Telephone (631) 734-6907 · Fax (631) 734-7079 April 3, 2002 Planning Board Office Mark Terry, Planner PO Box 1179 Southold, NY 11971 Ref: Bruce Issacs Cluster Set-Off Dear Mr. Terry, With reference to the above property, the Board of Fire Commissioners of the Cutchogue Fire District do not feel that a fire well is needed due to the properties location within range of an existing fire well or hydrant district and is adequately protected. Thank you for your request and please call if you have any questions. Very truly yours, Board of Fire Commissioners District Secretary Southold l'ewn PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J, CREMERS KENNETH L. EDWARDS MARTIN SIDOR ~n P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 8, 2002 Mr. Bruce Isaacs 5290 Alvah's Lane P.O. Box 779 Cutchogue, New York, 11935 RE: Set-Off for Bruce Isaacs Located on the north corner of Alvah's Lane and the Long Island Rail Road in Cutchogue SCTM#1000-101-2-19 Zone: A-C Dear Mr. Isaacs: The Southold Town Planning Board, at a meeting held on Monday, October 7, 2002, adopted the following resolution: BE IT RESOLVED that the Southold Town Planning Board set Monday, November 4, 2002, at 6:00 p.m. for a final public headng on the maps, dated March 6, 2002. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Hall. Please return the enclosed Affidavit of Posting along with the certified mailing receipts, AND the signed green return receipt cards from the certified mailing before 3:00 p.m. on Friday, November 1st. The si.qn and the post need to be returned to the Planning Board Office after the public hearing. Please contact this office if you have any questions regarding the above. Ve ly yours, Bennett Odowski, Jr. Chairman Enc. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a set-off; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-101-2-19; 3. That the property which is the subject of this application is located in the A-C Zoning District; That the application is to cluster set-off a 1.37 acre improved lot from a 7.32 acre pamel located in the A-C Zoning District. The property is located on the north corner of Alvah's Lane and the Long Island Railroad in Cutchogue; That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 3 p.m. Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; That a public hearing will be held on the matter by the Planning Board on Monday, November 4, 2002 at 6:00 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): Bruce Isaacs Date: 10/8/02 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on Your name (print) Signature Address Date Notary Public PLEttSE £ETIJI~IV THis I, FFIDA I/IT IiND CEI~TIFIED M/llL leECEIPI'~ ON TNE D,,~ I" OF. Ole ,'~T TNE PUBLIC HE~II?lNG Re: Proposed Set-Off for Bruce Isaacs SCTM#: 1000-101-2-19 Date of Hear]no: Mon.. Novemb=r 4. 2002, 6:00 p.m. BRUCE ISAACS SET-OFF FOR BRUCE ISAACS 1000-101-2-19 Cluster set-off a 1.37 acre improved lot from a 7.32 acre parcel located in the A-C Zoning District. MON. - NOVEMBER 4, 2002 - 6:00 P.M. PLANN~G BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMER8 KENNETH L. EDWARDS MARTIN SIDOI~ ,Jr P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 24, 2002 Bruce Isaacs 5290 Alvah's Lane PO Box 779 Cutchogue, New York 11935 RE: Set-offofBruce Isaacs SCTM# 1000-101-2-19 Dear Mr. Isaacs: The Planning Board reviewed the Draft Covenants and Restrictions submitted on September 9, 2002 at the September 23, 2002 worksession. The following edits are required. 1. The application is for a clustered set-off, consequently the remaining acreage (.63) that is not included within Lot 2 must be sterilized and cannot be calculated within any future yield. Please note this in the C & R's. 2. Item 2. Add the wording "into perpetuity" following the word "subdivided" 3. Item 3, Line 2 the phrase "as running the land" is not clear. Add the word "with" following "ming". 4. Item 4, the word "inure"; preceding "to the benefit" is not clear. 5. The general Planning Board closing and amendment protocol language should be added. Please submit a revised copy for review. As we discussed the Planning Board requires, five paper and two mylar maps with Suffolk County Department of Health approval in order to grant any final approvals. In the interim, if you have any questions please give me a call at 765-1938. Sincerely, Cc: Planning Board PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAC-GIANO WILLIAM J. CREMEES KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 18, 2002 Matthew Martin, Secretary Cutchogue Fire District New Suffolk Road Cutchogue, New York 11935 Dear Mr. Martin: Enclosed please find one (1) survey, dated March 6, 2002, for the Set-Off for Bruce Isaacs, north corner of Alvah's Lane & the LI Railroad, Cutchogue. SCTM# 1000-101-2-19 O The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether flrewells are shallow or electric. Thank you for your cooperation. Very tn.jJy..¥ou rs, .., Sr.~hvironmental P~.r.~ r enc. DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this c//~ day of September, 2002 by BRUCE M. ISAACS, residing at 5290 Alvahs Lane, Cutchogue, NY 11935, hereinafter referred to as "Declarant." WITNESSETH: WHEREAS, Declarant is the owner in fee simple of a certain parcel of land situate at 5290 Alvahs Lane, Cutchogue, NY, containing 7.32 acres, and known and designated on the Suffolk County Tax Map ("SCTM") as//1000-101-2-19, being the same property conveyed to Declarant by deed recorded on 4/22/83, in Liber 9346 at page 512 (the "premises"); WHEREAS, Declarant intends to set-off 1.37 acres of said premises for residential purposes and desires to subject said premises to reservations, restrictions, conditions, covenants, and agreements; NOW THEREFORE, Declarant does hereby warrant, covenant and represent the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises by acceptance of a deed thereto covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth: 1. Only one residence shall be constructed on each parcel of said premises; 2. The premises shall not be further subdivided; 3. That all of the covenants, conditions and restrictions contained herein shall be construed as running the land and shall continue and remain in full force and effect at all times as against the owner of the premises in perpetuity; and 4. That said covenants, conditions and restrictions shall be binding upon, inure to the benefit of, and be enforceable by Declarant, their heirs, successors and assigns, any owner of any portion of the premises, their heirs, successors and assigns and the Town of Southold and its successors and assigns, and the failure of any of the foregoing to enforce any such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. this IN WITNESS WHEREOF, DECLARANT has caused her hand and seal to be affixed 7day °f September' 2002' ~ ~ ~~,,~ BRUCE M. ISAACS TQ BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) On the cfxF~ day of September in the year 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared BRUCE M. ISAACS personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrumem and acknowledged to me that he/she/they executed same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (signature and office of~t"~'¥ng acknowledgment) PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 11,2002 Mr. Bruce Isaacs. 5290 AIvah's Lane PO Box 779 Cutchogue, New York, 11935 RE: Set-off for Bruce Isaacs/.r~. Located on the~ct~ner o¥ Alvah's Lane and the Long Island Rail Road. SCTM#1000-101-O2-19 Zone: A-C Dear Mr. Isaacs: The Southold Town Planning Board, at a meeting held on Monday, June 10, 2002, adopted the following resolutions: WHEREAS, the applicant proposes to cluster set off a 1.37 acre improved lot, located within the A-C Zoning District, from a 7.443 acre parcel with access from Alvah's Lane in Cutchogue; be it therefore ~ RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration; and be it FURTHER RESOLVED, that the Southold Town Planning Board grant sketch plan approval on the maps dated March 6, 2002. Sketch plan approval is conditional upon the submission of final maps within six months of the date of sketch plan approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps, six (6) paper prints and two (2) mylars, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. Isaacs - Pa.qe Two - June11,2002 The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $5,000 ($5,000 per vacant lot in the subdivision). Payment is required prior to the final endorsement of the map. The Sketch Plans have been referred to the Town of Southold Police and the Southold Fire Department for review and comment. Once we are in receipt of the above requested information, the application will be scheduled for an upcoming work session. Enclosed please find a copy of the Negative Declaration for your records. ...-,Very truly, yours, ~-~---~Beffnett Odowski, Jr. Chairman PLANNING BOARD MEMBERS BENNETT OHLOWSKI, JR. Chairman WILLIAM J. CREME1LS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant June 11, 2002 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared, Name of Action: Proposed Set Off for Isaacs, Bruce SCTM#: Location: 1000-101-2-19 ~/~corner of AIvah's Lane and the Long Island Rail Road, Cutchogue SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This applicant proposes to set off a clustered 1.37 improved lot (2) from a 7.32 acre improved lot (1) containing a wood shed and greenhouse frame. The site is located within the A-C zoning district. No additional improvements are proposed for Lot 2. As a condition of the set-off, the applicant has agreed to place a covenant and restriction on Lot 1 to permit the construction of only one residence. No sensitive environmental areas exist on site. SEQR Negative Declaration - Pa.qe Two Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, it has been determined that no sensitive environmental areas exist on site. Additionally, the sitting of one residence will not significantly impact the aesthetics of the property. Consequently, no significant impacts are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Address: Telephone Mark Terry, Senior Environmental Planner Planning Board Number: (631)765-1938 cc: Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Planning Commission Elizabeth Neville, Town Clerk Applicant PROFESSIONAL ENGINEER 1725 HOBART ROAD/PO Box 616, SOUTHOLD, NEWYORK 11971 TEL631-765-2954 · FAX631-614-3516 · e-mail: joseph@fischetti.com Date: Reference: March 19, 2002 Isaacs Minor Subdivision Southold Planning Board Main Road Southold, NY 11971 Dear Sir, Please find attached 7 copies of the revised maps for the minor subdivision for Brace Isaacs. The SCTM# of the property is 101-02-19. Application for approval from the Suffolk County Health Department is pending. If you have any questions regarding this matter please call. h Fischetti, PE ~ PIAI~ 2 0 2001~ Southold Town PJanninil Board SubmissiOn Without a Cover Letter SCTM#: ~ooo- Iv~- o3- /? %+os: r~, ~- ~/e '('or -~B~/ ~-~Submisston Without a Cover Letter $outhol~ Town Planning BOld I 0o0-1o1-0~-I' /../, Y · facsimile TRANSMITTAL Date: / a/~.-/~ / To: /'~z z. z__ Pages: ~'~ (Including coverl Soul:hold T~wn Planning Board 53O95 Main Rd. P.O. Box 1179 Soutlteld. NY 11971 Pholle: (516) 765-1958 Pax#: (516) 765-3156 St~bmission Wilhou! a Cover Leller Sen,der: /'(.(ce_ Subject: /7 $outhold Town. Planning Board DATE:. Request for Information Name (print)= /~ ~' (~ C~ ._.~' ~ ~:~ ~'"_~ SCTM# of site you are inquiring about: 1000- / 0//- '~ - / ~ Commen~: For offiCe use otily - Staff member:VS RK , F-~' /? Project Type: Set Offs Status: Final Approval SCTM #' 1000- 101.-2-19 Project Name: Isaacs, Bruce OLASER FICHE FORM SUBDIVISIONS SCANNED APR 1 0 2006 Records Management Location: North corner of Alvah's Lane and the Long Island Rail Road in Cutchoque Hamlet: Cutchoque Applicant Name: Bruce Isaacs Owner Name: Bruce Isaacs Zone 1: A-C Approval Date: 12/16/02 PLAT Si.qned Date: / / OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: C and R's: Homeowners Association: R and M Aqreement: Address: North corner of Alvah's Lane and the Lonq Island Rail Road in Cutcho County Filing Date: SCAN Date: N TEST BORING 0 17' PROPERTY LINE HOUSE ROAD TYPICAL PLOT PLAN TYPIC. AL I HEREBY CERTIFY THAT THE WA TR SUPPL Y(SI AND/OR SEkYAGE DISPOSAL SYSTEM(S) FOR THIS PROJECT WERE DESIGNED BY ME OR UNDER MY DIRECTION BASED ON UPON A CAREFUL AND THOROUGH STUDY OF SOIL, SITE AND GROUND WA TER CONDITIONS, ALL LOTS AS PROPOSED, CONFORM TO THE SUFFOLK COUNTY DEPARTMENT OF HEAL TH $~RVICES CONSTRUCTION STANDARDS IN EFFECT AS OF THIS DAT~ WELL I H.P. SUBMERSIBLE PUMP 5' STAINLESS STEEL SCREEN SEWAGE DISPOSAL SYSTEM ~,l~,t,~ ~'~,,~ %. / CLUSTERED SET- OFF FOR BRUCE ISAACS A T CUTCHOGUE TOWN OF' SOUTHOI_D SUFFOLK COUNTY, N Y. 1000 - 101- 02 - 19 March 6, 2002 CONTOUR LINE IS REFERENCED TO LOT 2 AREA = ~3796 acres or 80,0~$ aq ft ~'/~=~ HAR ~.0 2{}02 TOTAL AREA = 73261 acres or $19,1~4 sq ft Southold Town , P~nningR~nrd KEY MAP 'scale I" = 600~,/ . ~. HAUPPAUEE, N, Y, DA TE THIS IS TO CERTIFY THAT THE PROPOSED REAL TY SUBDIVISION OR DEVELOPMENT FOR IN THE leITH A TOTAL OF LOTB ~IAB APPROVED ON THE ABOVE DATE, RATER SUPPLIES AND SE~IAGE DISPOSAL FACILITIES MUST CONFORI~ TO CONSTRUCTION STANDARDS IN EFFECT AT THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO THOSE STANDARDS. THIS APPROVAL SHALL BE VALID ONLY IF THE REAL TY SUBDIVISION/DEVELOPMENT MAP IS DULY FILED ~/ITH THE COUNTY CLERK FiTHIN ONE YEAR OF THIS DATE. CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS MAP ON IFHICH THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE ~/ITH PROVISIONS OF THE PUBLIC HEALTH LAYi AND TIlE SUFFOLK COUNTY SANITARY CODE. VITO A. Id(NEI, P.E. DIRECTOR~ DIVISION OF ENV~ONMENTAL OUALITY THIS IS TO CERTIFY 7~HA T THE SUBDIVISION PLA T HAS BEEN APPROVED BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION APPROVAL DA TE, BY CHAIRMAN PLANNING BOARD OWNER' BRUCE ISAACS 5290 AL VAHS LANE ~ BOX 779 CUTCHOGUE, ~ ~ 11935 ZONING DISTRICT - FIRE DISTRICT - SCHOOL DISTRICT - A-C CUTCHOGUE CUTCHOGUE I HEREBY CERTIFY THAT THIS SUBDIVISION PLA T WAS MADE FROM ACTUAL SURVEYS COMPLETED ~/4/~ , THAT ALL MONUMENTS SHOWN THUS, · ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT, JCIHN T, METZG'ER~ N.Y.S, L.$, LIC, NO, zt9618 PECONIC SURVEYORS~ P.C. (651] 765 ~ 5020 FAX (631) 765 - 1797 P. O. BOX 909 1230 TRAVELER STREET SOUTHOLD~ N.Y. 11971 02- 111