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1000-113.-8-5
05/28/2013 16:01 631--6336 A TOHILL PC • PAGE 02/02 A t HT ANTHONY B. ToaxLL, P.C. ATTORNEYS AT LAW 12 First Street P.O. Box 1330 631-727-8383 Riverhead, New York 11901-0903 FAX 631-727-6336 May 28, 2013 VIA FACSIMILE- 765-3136 Heather Lanza Director of Planning P.O. Box 13.79 Southold, NY 11971 Re: Minor Subdivision, of Eleanor Sievernich SCTM 1000-113-8-5 Dear Feather: I am planning to attend a meeting tomorrow at 10 AM at the second floor conference room adjacent your office. Is there any chance I could meet with you afterward to review the file in caption. Sorry for the lateness of this request. Very truly yours, Anthony B. Tohill ABT/lm MAY 292013 i 05/28/2013 16:01 631-4 6336 A TOHILL PC 0 PAGE 01102 Time Sent Date Sem In t als ANTHONY B. TOHELL, P.C. ATTORNEYS AT LAW 12 First Street P.O. Box 1330 631-727-8383 Riverhead, New York 11901-0903 FAX 631-727-6336 THLEFAX TRANSMITTAL SHEET TO: Heather Lanza FAX NO.: 765.3136 FROM: ,ANTHONY B. TOHILL, P.C. Fax Number: 631-727-6336 NUMBER OF PAGES, INCLUDING THIS PAGE: 2 DATE: May 28, 2013 RE: Minor Subdivision of Eleanor Sievernich SCTM 1000-113-8-5 ATTACHMENTS: Letter COMMENTS: F..B.T. THIS COMMUNICATION MAY CONTAIN INFORMATION WHICH IS CONFIDENTIAL ANDIOR PROTECTED BY THE ATTORNEY-CLIENT OR OTHER APPLICABLE PRIVILEGE. IT IS INTENDED FOR RECEIPT AND USE SOLELY BY THE INDIVIDUAL(S) NAMED ABOVE, IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THIS COMMUNICATION TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, DISTRIBUTION OR COPYING OF THIS DOCUMENT IS STRICTLY PROHIBITED: IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL DOCUMENT TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. If"m 04/12/2013 11:52 631-76336 A TOHILL PC • PAGE 02/02 Hr AS i lfl ANTHONY B. ToHmL, P.C. ATTORNEYS AT LAW 12 First Street P.O. Box 1330 631-727-8383 Riverhead, New York 11901-0903 PAX 631.727-6336 April 12, 2013 VIA FACSIMILE: 765-3136 i Heather Lanza Director of Planning APR 122013 P.O. Box 1179 Southold, NY 11971 Re: Minor Subdivision of Eleanor Sievernich SCTM 1000-113-8-5 Dear Heather: I am asking for your assistance with respect the captioned subdivision. I represent Joseph Sbarra who on March 8, 2013 purchased the premises in caption which was the subject of a minor subdivision application that was the subject of a public hearing on January 25, 1999., Prior to January 25, 1999 the Planning Board issued a negative declaration on October 16, 1989, the Planning Commission rendered a for local determination only letter on November 3, 1989, SCDHS approved the subdivision on April 27, 1998 and the ZBA issued lot area relief to enable the subdivision on April 30, 1998. The Supreme Court after the January 25, 1999 public hearing rendered a decision ending a boundary line dispute on September 15, 1999, a decision contemplated in the ZBA decision. I am seeking now to revive this file and bring the subdivision process to the customary conclusion. i have examined the Towns ZBA and Planning Board files but 1 cannot see any document after the January 25, 1999 Planning Board minutes. Could I speak with you about required next steps. Many thanks. Very truly yours, IL~- Anthony B. Tohill ABT/lm - S~ eu err\k'c~ MINOR SUBDIVISION (NO ROAD) I13 - g -S Complete application received i Application reviewed at work session Z oK „ M. OK Applicant advised of necessary revisions s~is~d 9 a Revised submission received Jl ' ~~ro. Q inro. OK Sketch plan approval qln X84 #21a~ -with conditions Lead Agency Coordination 1 89 - L-A SEQRA determination o_11618 T Sent to Fire Commissioner Y Receipt of firewell location Q 7 Notification to applicant to include on final map !Ydin ~Rf_,1) Sent to County Planning Commission io q i rc.` oK Raceioeg SCPC, Mvme inm. OK Review of SCPC report _I i a~ b9 Draft Covenants and Restrictions received r 9d ~ ro•` OK Draft Covenants and Restrictions reviewed Ta~ ro•M 1 Filed Covenants and Restrictions received S?IZ/% Receipt of mylars and paper prints with All-490 2m l~ Health approval ° - e -9 ® 713 S. ra ~ 1 _P~Y I Y'~ I , v Final Public. Hearing -a - Approval of subdivision. i~ -3 -9~ h -with conditions n . as- tl a Endorsement of subdivision 5•/3.91 "f i-IWI, °/z"t MS ~ ~ ~\v 1~ ? ~0-71.91 1.>, 7" ~i-q~ l rfearl I f zs~49 PuVIL FO PLAMI G'B RD 7'J'1 j 7 /ro TOWN OSOU D TIE q ICJ l~ SL OLKI~ ~ Y Southold, N.Y. 11971 PLANNING BUnND (516) 765-1938 MINOR SUBDIVISION REQUIRED DOCUMENTS C~ S 1 Required prior to Board's review: ( onc, - Filing fee of $ per lot with an inspection fee of $t"9 except in such cases where the construction of an access road is proposed or required, in which case the fee is $1000 plus $100 per acre or portion thereof. ~2. Twelve surveys with the following information: 5' contours key map scale of 1" = 100' name of subdivider and adjoining land owners tax map number location of utilities proposed or existing streets proposed lot layout notations on existing restrictions, easements, covenants and zoning lines [/3. Legal Description of Property, may be in the form of a deed 1/4. Application for plat approval k15. Form letter regarding drainage, grading, and road construction P/6. Part I of the Short Environmental Assessment Form 7. If corporation, affidavit of ownership AWV8. Copy of tax map showing area Required prior to Final Action: 1. Six copies of final map (see attached list) 2. Suffolk County Health Department approval. Three endorsed surveys P 'N /(D T SOU LD C!q~.~ S1 y JA Southold, N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Planning Board with your completed applications forms. If your answer- to any of the following questions is yes, please indicate these on your guaranteed survey or submit other appropriate evidence: 1. Are there any wetland grasses on this parcel? Yes (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) 2. Are there any other premises under your ownership abutting this parcel? Yes No 3. Are there any building permits pending on this parcel? Yes 4. Are there any other applications pending concerning this property before any other department or agency?(Town , State, County, etc.) Yes l/l/ 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes N 6. Was this property the subject of any prior application to the Planning Board? Yes 7. Does this property have a valid certificate of occupancy, if yes please submit_a copy of same Yes N; I certify that the above statements are true and will be relied on by the Planning Board in considering this application. t ' ~ n ,,riyuature or perty owner or authorized agent date Attachment to questionnaire for:the Planning Board STATE OF NEW YORK, OF SUFFOLK, ss: On the day ;;TY 19 before me personally came C A V p R C= %J L R X01 C to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that vexec the same. ':w,A.i 4'nv,'¢±*R.»1#df Y .xaA^ a r '"°i h*9 'W 1.1+.,+ n: otary Public Jcl,NNE CUSS P{ N.;tary Putiic, State of New York ko.52-6706370, SuffolkCou~ty 'S Term Expirzs Oct 31, 19.4G:p F • 14.18.4 (2187)-Text 12 PROJECT I.D. NUMBER 617.21 SEQ. Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICr /SPONSOR 2. PROJECT NAME S C 3. PROJECT LOCATION: Municipality T'U G%G County U ltd 4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide map) G o X I c ,Lo.r r sr/fir s tiaA-nt - 6,:~fX 6?~ 5. IS PROPPOOSED ACTION: PLL fh _ • usnew ? Expansion ? Modification/alteration 8. DESCRIBE PROJECT BRIEFLY: 1-14-0 US~ ONG~H~pi I 7. AMOUNT OF LAND AFFECTED. Initlally _ ~f z acres Ultimately acres 8. WILL, PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ? No If No, describe briefly C 9. WHAT IS PRESENT LAND }SE IN VICINITY OF PROJECT? ? Residential Industrial ? Commercial ?A ricul Describe: 9 lure ?ParWFOrest/Open space ?Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)?ran ~ ? Yes LlWIC0 if yes, list agency(s) and permit/approvals It. DOES ANY A~,S-~P/~,gT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? • ? Yes rC1No It yeu, list agency name and permit/approval 12. AS A RESULT OF P OPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ? Yes [ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: L~/>z rrn,~' 21_EQl _c Date: Signature: i ~'~mac' -?G /J9' c:'~-<C E If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding With this assessment OVER - 1 • PART II-ENVIRONMENTAL ASSESSMENT (To be completed by Agency' A. DOES ACTION E,,J--(~,CE'No1~ED ANY I HRESH)LD El Yes Id IN 6 NYCRR, PART 617.12? If yes, w urdinate the review process and use the FULL EAF, B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration' may be superseded by another involved agency. ? Yes );d No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: /V D C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: yc C4. A community's existing plans or goals as officially adopted, or a change in use or Intensity of use of land or other natural resources? Explain briefly.. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly. / - 6) C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly. 0. IS THERE. OR IS T ERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ? Yes No If Yes, explain briefly PART 111-DETERMINATION 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 (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse Impacts have been identified and adequately addressed. • ? F Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. ? 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 on attachments as necessary, the reasons supporting this determination: • Name ul Lrad Agency krmt m type Name of kesponsrble UI leer m Lead Agency title or kesponsrble Ulhcer Sr Knature of kesponsrble Olbcer m Lead AKrncy Signature of P 71 N (II I lerent rrom msponsrble onrced l Date 2 LJA 21 TOSouthold Town Planning BoaBOA Town Hall Southold, New York 11971 Re: i' /(//C Gentlemen: C ° X /S NG~/L `vc> The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, J p_- - ti -dg APPLICATION FOR APPROVAL OF PLAT 2 1969 To the Planning Board of the Town of Southold: F tw 50"'". r The undersigned applicant hereby applies for (tentative) (fina a N IN~u~N ivision 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 follows: 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.) 2. The name of the subdivision is to be . SiG7i /~!(uC~ PL 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 ....6.A'. 4. Page D..~ Liber Page On Liber Page Liber Page Liber Page . as devised under the Last Will and Testament of or as distributee 5. The area of the land is .f.. r acres. 6. All taxes which are liens on the land at the date hereof have been paid except /?/D . 7. The land is encumbered by Q . N ~ ...G mortgage (s) as follows: (a) Mortgage recorded in Liber Page in original amount of $ unpaid amount $ held by address (b) Mortgage recorded in Liber Page in original amount of unpaid amount held by address (c) Mortgage recorded in Liber Page . in original amount ~ of unpaid amount held by address 8. There are no other encumbrances or liens against the land except /u.6...... 9. The land lies in the following zoning use districts ~....t d 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- 1 cept NG L 11. The applicant shall at his expense install all required public improvements. 12. The land (does) does not ie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is 13. Water mains will be laid by and (a) (no) charge will be made for installing said /mains. 14. Electric lines and standards will be installed by ( L ' - U • • • • • • • and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by 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 laud 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 applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be Y as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at years. The Performance Bond will be written by a licensed surety company unless otherwise /shown on Schedule "B". DATE 19.... C,L ~~..v..~~! r~........ Name of Applicant) B O~ rri r>? fgnature and it e) v2SC c e/~ (Address) STATE OF NEW YORK, COUNTY O ss: On the day of... L...../........, 191 before me personally came jg/W 0 S/ C to me known to be the individual described in and who executed the same. exdcu*kV*~hr.:~iforegoing~instidtif w }Ht~+P 6;i edged t t `S# JEN1Vr.Vti (5Uti! . Notary Public, State of New York r No. 52-6706370, Suffolk County Term Expires Oct. 31, 19-0 otary Pu t ST.~T W YOIi{, C Y O 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 the 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 r SrnnJm.I N. YJ:_ I I I ,.10110 :8 AI 11. 1,.' end ~,li 14 .I, 11-11 ( , q;univ ~.1. I - Au. I Id.."I... I . Kph J eril CONSULT YOUR LA4*1t BEFORE SIGNING THIS INSTRUMENT-THISTRUMENT SHOULD BE USED BY LAWYERS NO CONSIDERA IOLIBLR8680 !rAuE 4- THIS INDENTURE, wade the 31st day of July nineteen hundred and seventy-nit BETWEEN WILHELMINE J. SCHIFFERS, residing at 25 Cinderella Lane, East Setauket, Suffolk County, New York, 3 ea 4* ~g aV.s z Sz yJ party of the first part, and ELEANOR SIEVERNICH, residing at 25 Cinderella Lai a East Setauket, Suffolk County, New York, party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideratiot paid by the party of the second part, does hereby grant and release unto the party of the second part, the heir 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 lying and being iA1W at Mattituck, Town of Southold, Suffolk County, Stal of New York, bounded and described as follows: BEGINNING at a point on the Easterly side of COX'S Lane at the Nor[ west corner of premises herein described adjoining land of the Este of Charles E. Hamilton; running thence north 57 degrees 42 minutes x East 532 feet to a gutter; running thence in a Southeasterly direct CJO along said gutter to other land of the Estate of Charles E. Hamiltc thence running South 63 degrees 36 minutes West 636 feet to the Eac side of COX'S Lane; running thence North 15 degrees 13 minutes Wesi M 240 feet along the East side of Cox's Lane to the point or place of BEGINNING. TOGETHER with all the right, title and interest of the party of the first part of, in and to Cox's Lane adjacent to said premises, to the centre line thereof and to lard below highwater mark and land under the waters of Mattituck Creek adjacent to said premises. 2646 REAL ESTATE ~t ~j. AUG 2 21979 TRANSFER PAX SUFFOLK I'AX MAP COUNTY 1)FgGNX1 ION 1000 TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and 113 00 roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO BOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of Itll:. 0800 the party of the second part forever. 1n010005bl~ AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 Of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a'trust fend to be applied first for the purpose of paying the cost of the improvement and will apply the smye fir§00.tile payment.of the cost of the improvement before using any part of the total of the same for any other purpose." The word "party shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: WILHELMINE J. SCHIFFER,, y(x ?~G (1 P~~;~ Std FC~r_ ss: STATE OF NEW YORK, COUNTY OF NAS'.~cYU ss: STATE OF NEW YORK, COTY OF On the 31st day of July, 1979 , before me On the day of 19 before me personally came personally came WILHELMINE J. SCHIFFERS, to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that she executed/the a e. 1 r I executed the same. ANNETTE S. PETRIZZI Notary Pubor, State of New York No. 30.30326oo Oualified In Nassau CoUnty 17/ Commission Expires March 30. I-.) STATE OF NEW YORK, COUNTY OF sat STATE OF NEW YORK, COUNTY OF Ss: On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing 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. $aegain anb male Meeb SECTION 1/3 WIT It COVENANT AGAINST GRAN 'I'OR's Ac is ~J BLOCK ITLE NO. - LOT WILHELMINE J. SCHIFFERS, COUNTY OR TOWN Suffolk TAX BILLING ADDRESS TO ELEANOR SIEVERNICH Recorded At Request of The Title Guarantee Company RETURN BY MAIL TO: Howard P. Fritz STANDARD FORM OF NEW YORK a0A0.D OF 711EE UNDERWRITERS R/R 350 Old Country Road Durribumd by r.¦TITLE WARANTEE- Garden City, New York 1.1530 J NEW YORK A71COR COMPANY Zip No. J U) Wit, Q 2 Cw K CA C77 o r- w iJ I-- aL U f- Q 1.1 PI wr~-i0 Yf (.Ii1 1.. U L. W '(V :_ULL EV yam, Cl (P t W TOWN CLERK TOWN OF SOUTHOLD & follk County., New York 516 - 765.1801 N? 2 q J 3 9 Southold, N. Y. 11971~194~ IVED OF ~ RE, j 1 0 0 Donate a 000, 0 0 i For. l g- Fsc /a 0 a t rte- i 0 o v. va ~~yy (JJudith T. Tqtrrp, Town Clerk ash Check 0j/ l C/ Bh kl . If .4 HARVEY A. ARNOFF Attorney At Law 206 Roanoke Avenue, P.O. Box 329, Riverhead, NY 11901-2794 (631) 727-3904 Harvey A. Arnoff Fax No.: (631) 727-3940* Margot L. Ludlam *Nor for service of legal papers Paralegal Of Counsel Colleen Grattan-Arnoff, R.N. October 16, 2003 George F. Biondo John A. MacLachlan Town of Southold Planning Board rDol Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Chairman Bennett Orlowski, Jr. RE: Proposed Minor Subdivision for Eleanor Sievernich SCTM #1000-113-8-5 Dear Chairman Orlowski: Pursuant to a conversation my office had with the Planning Department on October 15, 2003; we were advised that the last action taken on this subdivision application was July 20, 1999 at which time the hearing on the application was adjourned pending resolution of litigation in Supreme Court. Now that the litigation has been resolved, we respectfully request that a meeting be set up with the Planning Board in order to ascertain what needs to be conducted on the file in order to finalize the application. Once you have had an opportunity to review the file, kindly contact me if you need any further information or when you are available to set up a meeting to discuss this (application. r} Town of Southold Planning Department October 16, 2003 Page 2 Thank you for your anticipated cooperation. Very truly yours,' r"A- i~ Margot L. Ludlam MLL/oc cc: Ms. Eleanor Sievernich F:\Olga\Sievernich\Ur to SH Ping Bd 10.16.03.wpd PLANNING BOARD MEMBi ~OSQFF014, Town Hall, 53095 Main Road BENNETTORLOWSKI,JR. .j.Q G Chairman y` P.O. Box 1179 Southold, New York 11971 WILLIAM J. CREMERS COD Z KENNETH L Fax (516) 765-3136 L. EDWARDS ~if.?f Phone (516) 765-1938 GEORGE ITCHIE LATHAM, JR. Tele RICHARD WARD O~ ~0 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 20, 1999 Anthony Salvatore Hillside Professional Center 45 Route 25A-Suite 2 - East Setauket, NY 11733-2875 RE: Proposed Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, July 19, 1999: BE IT RESOLVED to hold the hearing open for six months from the date of this resolution, due to litigation pending in the Supreme Court. Please advise us of the status of the litigation prior to the six month expiration date. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. ~nS Chairman PLANNING BOARD MEMBI* ~~SUFFO(,~ c BENNETT ORLOWSKI, JR. h,~O ear-- Town Hall, 53095 Main Road Chairman O - P.O. Box 1179 Southold, New York 11971 WILLIAM J. CREMERS y KENNETH L. EDWARDS v' T Fax (516) 765-3136 GEORGE RITCHIE LATHAM, JR. Telephone (516) 765-1938 RICHARD G. WARD 'lJQl ~~0 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 29, 1999 Anthony Salvatore Hillside Professional Center 45 Route 25A-Suite 2 East Setauket, NY 11733-2875 RE: Proposed Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, June 28, 1999: BE IT RESOLVED to hold the hearing open due to litigation pending in the Supreme Court. The next Planning Board meeting is scheduled for July 19, 1999 at 5:00 P.M. Please contact this office if you have any questions regarding the above. Sincerely, t~/ Bennett Orlowski, Jr. /G~s Chairman LING BOARD MEMBEl~ ~gpFF014, Town Hall, 53095 Main Road ENNETT ORLOWSKI, JR. P.O. Box 1179 Chairman co Southold, New York 11971 WILLIAM J. CREMERS ~Z KENNETH L. EDWARDS Fax (516) 765-3136 :EORGE RITCHIE LATHAM, JR. Telephone (516) 765-1938 RICHARD G. WARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 15, 1999 Anthony Salvatore Hillside Professional Center 45 Route 25A-Suite 2 East Setauket, NY 11733-2875 RE: Proposed Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, June 14, 1999: BE IT RESOLVED to hold the hearing open. The hearing has been held open as per a letter dated June 10, 1999, in which the applicant's attorney requested that the hearing remain open to enable the applicant to retain new counsel. The next Planning Board meeting is scheduled for June 28, 1999 at 5:00 p.m. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr.S Chairman oE,10; ay sa: 901 ANTHONY SALVATORE A7TORNEV AT LAW HI_L51DE PROFCfwSI VNP.L OCNTI',..a 95 ROUTE 25A.SU ITE 2 EAST SETAUKET, N.Y. 11733-2875 (Sye) san ~-aa rl FAX (61K) 541 d'/F9 , June 10, 1999 I it Southold Planning Board. P.O. Box 1179 Southold, NY 11971 Att: Melissa Spiro Re: Proposed minor subdivision for Eleanor sieve ich SCTM# 1000- 113-8-Gentlemen: I request that the hearing scheduled for ;dune 14, 1999, in the above matter, he held over tc enable Ms. Sievernich to retain new counsel. Very truly yours lf .414. ANTHONY SAL ATORE AS/msh Via Facsimile outhold Town Manning Board PLANNING BOAB.D MEMBEIS ~OSVff0jj CO Town Hall, 53095 Main Road BENNETT ORLOWSKI, JR. .j.~ G Chairman P.O. Box 1179 o Southold, New York 11971 WILLIAM J. CREMERS o Fax (516) 765-3136 KENNETH L. EDWARDS .tC Telephone GEORGE RITCHIE LATHAM, JR. (516) 765-1938 RICHARD G. WARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 25, 1999 Anthony Salvatore Hillside Professional Center 45 Route 25A-Suite 2 East Setauket, NY 11733-2875 RE: Proposed Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, May 24,1999: BE IT RESOLVED to hold the hearing open due to litigation pending in the Supreme Court. The next Planning Board meeting is scheduled for June 14,, 1999 at 7:30 p.m. Please contact this office if you have any questions regarding the above. Sin 11 cerely, / 0-i a+fS Bennett Orlowski, Jr. Chairman ANTI30NV SALVATORE ATTORNEY AT LAW HtLLSIOt I-M )".SStONAL CENTER 45 HUu 1 t 25A - ti1nT[ EAST SETAUKET, N.Y. 11733-2875 (516) 941-4411 FA%(51G)941-4788 May 24, 1999 Southold Planning Board P.O. Sox 1179 Southold, NY 11971 Re: Proposed Minor subdivision for Eleanor Sieve nich SCTM# 1000-113-8- Gentlemen: 1 request that the hearing scheduled this date in the above matter be held over until new counsel is retained. Very truly yours, ANTH0NYSORE AS/meh Via Facsimile r AY 2 outhold Town lanning Board ANTHONY SAILVATORE ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A - SUITE 2 EAST SETAUKET, N.Y. 11733-2575 (516) 941-4411 FAX (516) 941-4788 May 5, 1999 Southold Planning Board MAY O 7 ~~99 P.O. Box 1179 Southold, NY 11971 Southold Town Att: Bennett Orlowski, Jr. Planning Board Chairman Re: Proposed Minor subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Orlowski: Enclosed is copy of my letter to the Planning Board dated April 9, 1999. It appears that at the public hearing on May 3, 1999, which I was unable to attend due to a prior commitment, the Board has once again delayed a decision on this matter. I include herewith a copy of Young & Young's survey and a copy of Sidorowicz's survey dated 8/8/89 made by Peconic Surveyors. In comparing the two, you will see that they are practically identical as to encroachment of Sidorowicz onto Ms. Sievernich's property. Young and Young's survey shows a maximum building envelope that could be used under your regulations, and it boggles the mind to say that the parcel could have a second front yard. A review of the surveys shows that the major encroachment is to the rear of the property. There is no right-of-way. Mr. Sidorowicz is not claiming a right-of-way in the court case. He is claiming he owns the area of the encroachment by adverse possession, or that he has a prescriptive easement. One cannot create a right-of-way by his own acts. He either buys it, receives a deed , or wins a prescriptive easement in court. Mr. Sidorowicz has none of those rights. I urge you to reconsider this further delay, as the outcome of the court case has nothing to do with the Planning Board's decision in this matter. The Zoning Board of Appeals granted all the variances needed to sub-divide. The Planning Board cannot override the Zoning Board of Appeals. Parcel #1 now complies in all respects with your zoning ordinances. Southold Planning Board Att: Bennett Orlowski, Jr., Chairman May 5, 1999 Page 2 Should the court rule in favor of Mr. Sidorowicz, and the encroachments are allowed to remain, does the Planning Board intend to deny its approval because Parcel #1 would not be a buildable lot? The lot area is approximately 80,000 square feet. Has the Planning Board considered the reasons for the relentless opposition to this application by Mr. Sidorowicz? At one point, when the construction of Ms. Sievernich's house was halted, Mr. Sidorowicz was heard to say, "Now we've got her; she's out of money." The granting of this minor subdivision is not so egregious that it would shock the public. No other persons have voiced any opposition in this case. The construction of a one (1) family dwelling on Lot #1 will not adversely impact on the school, police or fire services. The subdivision should be approved. Very truly yours, .~~:arc ANTHONY SALVATORE AS/msh Enclosure C: Eleanor Sievernich Wickham, Wickham & Bressler, P.C. Gregory F. Yakaboski, Esq. Southold Town Attorney ANTHONY SALVATORE • ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A - SUI IE 2 EAST SETAUKET, N.Y. 11733-2875 (516) 941-4411 FAX(516)941-4788 April 9, 1999 Southold Planning Board P.O. Box 1179 Southold, NY 11971 Att: Bennett Orlowski, Jr. Chairman Re: Proposed Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Orlowski, Jr.: The Planning Board should decide this application without regard to the court case. You may recall that the Planning Board referred this case to the Zoning Board of Appeals, as there were issues regarding the area and frontage of this minor subdivision. The Zoning Board of Appeals has granted the variances sought with the encroachment as shown on the surveys that you have. The encroachment may or may not remain, depending upon the court's decision. However, since the variances were granted with the encroachment, the issue of the Supreme Court decision is irrelevant. The property can now be divided as per the Zoning Board of Appeals decision. The next meeting of the Board is set for May 3, 1999, and we shall be there. Should the Board require any additional information, please advise. Very, tr ly yours, ANTHONY SAL ATORE AS/msh C: Eleanor Sievernich PLANNING BOARD MEMBER, UFFO( S 'rC~ Town Hall, 53095 Main Road BENNETT irman HI, JR. =.r0 Gyp P.O. Box 1179 Chaairman Southold, New York 11971 WILLIAM J. CREMERS r°/~ Z Fax (516) 765-3136 KENNETH L. EDWARDS ~y • ~,F Telephone (516) 765-1938 GEORGE RITCHIE LATHAM ATHAM, JR. RICHARD G. WARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 4, 1999 Anthony Salvatore Hillside Professional Center 45 Route 25A-Suite 2 East Setauket, NY 11733-2875 RE: Proposed Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, May 3, 1999: BE IT RESOLVED to hold the hearing open due to litigation pending in the Supreme Court. The next Planning Board meeting is scheduled for May 24, 1999 at 7:30 p.m. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. /MJ Chairman ANTHONY SAILVATORE ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A-.SUITE 2 EAST SETAUKET, N.Y. 11733-2875 (516) 941-4411 FAX (516) 941-4788 April 27, 1999 _.-a 1q k Planning Board a~ Town of Southold AP~ 9 53095 Main Road P.O. Box 1179 Southold Town Southold, NY 11971 planning Board Att: Melissa Spiro Re: Proposed Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Ms. Spiro: Enclosed are the following: 1. Original receipt and return receipt for mailing Notices of Hearing scheduled for January 25, 1999, to: A. Eliezer & Miriam Frumkin B. Charles & Charle Sidorowicz 2. Affidavit of Mailing 3. Affidavit of Posting I do not plan to be at the meeting of May 3, 1999, as I believe the Planning Board has all the information and facts necessary to approve this application. Very truly yours, ANTHONY SAL ATORRE~ AS/msh Enclosures C: Eleanor Sievernich i • AFFIDAVIT OF MAILING I have sent notices, by certified mall, 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 January 15th 1999. Anthony Salvatore Your name (print) Signature 45 Route 25A Suitp 9 East RetallkPr N V 11734 Address January 15, 1999 Date Notary Public % MARJORIE S. HOTALING NOTARY PUBLIC, STATE OF NEW YORK 01-HO4975776 QUALIFIED IN SUFFOLK COUN}Y MY COMMISSION EXPIRES DEC. 2e Zooa PLEASE RETURN THIS AFFIDAVIT AND CERTIFIED MAIL RECEIPTS ON THE DAY OF, OR AT THE PUBLIC HEARING Re: Eleanor Sievernich - Minor subdivision SCTM 1000-111-8-9 Date of Hearing: January 25, 1999 • AFFIDAVIT OF POSTING This is to serve notice that 1 personally posted the property known as 3200 Cox Neck Road Mattituck New York 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 Januarys 1999. Eleanor Sievernich Your name lint) Signa ure 3200 Cox Neck Road, Mattituck, N.Y. 11952 Address January1999 D 4e r~ Notary Public MaAWE V. BROWN Nahry Mk Sm 2 Now York No. 4OW *WNW N Courwy CWAbd0n B*" Oa.19,19 1 PLEASE RETURN THIS AFFIDA WAND CERTIFIED MAIL RECEIPTS ON THE DAY OF, OR AT THE PUBLIC HEARING Re:Eleanor Sievernich - Minor subdivision SCTM 1000-113-8-5 Date of Hearing: January 29 1,999 • 0 Is your RETUM eon4leled on to rwsrse aide? is your oonglend on tfie reverse side? ,n m rn z o Z 447 515 220 Z v c ~ Z 447 515219 ~ sa w US Postal Service US Postal Service Receipt for Certified Mail i Receipt for Certified Mail No Insurance Coverage Provided. No insurance Coverage Provided. a Do not use for International Mail See reverse Do not use for Intemational Mail See reverse m Sent to Sent to k1ar t Sidorowicz Charles 1e a iam S ° Street 8 Number & Number Cox Neck Road E I'M F m Post Office, State, & ZIP Code ~p Post Office, State, & ZIP C N( Great Neck NY 11021 attituck t Postage 3 I Postage Cerfified Fee i /11 i Certified Fee J Special Delivery Fee ~h Special Delivery Fee S Restricted Delivery Fe tJ 'q~ Restricted Delivery Fee N CD N Retum Receipt Showing S Return Receipt Showing to 1 . 2 Whom & Date Delivered `Y3 5 _ Whom & Date Delivered n Return Receipt Showing to Wham. Return ReceO Sh"09 to Whom, Dare, & Addressee's Wass Date, 6 AdMessee's Address 0 TOTAL Postage & Fees $ 2 9 $ 0 TOTAL Postage & Fees $ 2 .98 1. 0 0 M Postmark or Date v O r+f Postmark or Date -1 1 o € 3 E E3 (1) , o fe n ~g LL 0. n S rv 3 r1 fCD o CI 8~ aS ~m M mz ~e Thank you for using Return Receipt Service. Thank you for using Return Receipt Ssrvics. Sw~` • ! MB ANTHONYSALVATORE ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A - SUITE 2 EAST SETAUKET, N.Y. 11733-2875 (516) 941-4411 FAX(516)941-4788 April 9, 1999 Southold Planning Board P.O. Box 1179 Southold, NY 11971 Att: Bennett Orlowski, Jr. Chairman Re: Proposed Minor Subdivision for Eleanor Sievernich SCTM## 1000-113-8-5 Dear Mr. Orlowski, Jr.: The Planning Board should decide this application without regard to the court case. You may recall that the Planning Board referred this case to the Zoning Board of Appeals, as there were issues regarding the area and frontage of this minor subdivision. The Zoning Board of Appeals has granted the variances sought with the encroachment as shown on the surveys that you have. The encroachment may or may not remain, depending upon the court's decision. However, since the variances were granted with the encroachment, the issue of the Supreme Court decision is irrelevant. The property can now be divided as per the Zoning Board of Appeals decision. The next meeting of the Board is set for May 3, 1999, and we shall be there. Should the Board require any additional information, please advise. Ver t~ r -'y oursc~ ANTHONY SAL ATORE AS/msh C: Eleanor D D C: Eleanor Sievernich APR 12 X99 Southold Town Planning Board PLANNING BOARD MEMBERS SUFFU(~ IvTown Hall, 53095 Main Road BENNETT ORLOWSKI, JR. P.O. Box 1179 Chairman C Southold, New York 11971 WILLIAM J. CREMERS C40 Z Fax (516) 765-3136 KENNETH L. EDWARDS Oy Telephone (516) 765-1938 GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD ~JQl ~aO PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 6, 1999 Anthony Salvatore Hillside Professional Center 45 Route 25A-Suite 2 East Setauket, NY 11733-2875 RE: Proposed Minor Subdivision for Eleanor Sievemich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, April 5,1999: BE IT RESOLVED to hold the hearing open due to litigaton pending in the Supreme Court. The next Planning Board meeting is scheduled for May 3, 1999 at 7:30 p.m. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman ANTHONY SALVATORE MS ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A - SUITE 2 EAST SETAUKET, N.Y. 11733-2875 (516) 941-4411 FAX (516) 941-4788 March 25, 1999 Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Att: Melissa Spero Re: Proposed Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Ms. Spero: Ms. Sievernich's Supreme Court case went to trial on March 24th. Judge Underwood wants the transcript and Memorandum of Law from both sides, and he estimated that it would be about two (2) months before we receive a decision. I am under the assumption that the Planning Board wants to await the trial decision before it acts on this matter. Mr. Bressler mentioned something about two (2) front yards being a concern of the Board. Kindly inform me where those two (2) front yards would be located, either by sketch or on a photocopy of the survey. Thank you for your attention to this matter. Very truly yours, J~ ANTHONY SALVATORE e G. AS/msh Enclosure MAN G U 1999 SoLdhold Town Mining Board PLANNING BOARD MEMBERS, gOffO~,~ Town Hall, 53095 Main Road BENNETT ORLOWSKI, JR. P.O. Box 1179 Chairman C t Southold, New York 11971 WILLIAM J. CREMERS y 2 Fax (516) 765-3136 KENNETH L. EDWARDS "py ~iC Telephone (516) 765-1938 GEORGE RITCHIE LATHAM, JR. O RICHARD G. WARD ~JOl ~.a PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 24, 1999 Anthony Salvatore Hillside Professional Center 45 Route 25A-Suite 2 East Setauket, NY 11733-2875 RE: Proposed Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The above noted subdivision application was scheduled for the Planning Board's March 22, 1999 meeting. This meeting was canceled since the Planning Board didn't have a quorum that evening. All items scheduled for the March 22nd meeting have been re-scheduled for Monday, April 5, 1999, at 7:30 p.m. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman PLANNING BOARD MEMBEIS %UFFOJ/r ea, BENNETT ORLOWSKI, JR. ~O Town Hall, 53095 Main Road Chairman h TY P.O. Box 1179 o Southold, New York 11971 WILLIAM S y Fax (516) 765-3136 KENNETH L. EDWAR DWARD3 W T GEORGE RITCHIE LATHAM, JR. • ~`lr Telephone (516) 765-1938 RICHARD G. WARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 2, 1999 Anthony Salvatore Hillside Professional Center 45 Route 25A-Suite 2 East Setauket, NY 11733-2875 RE: Proposed Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, March 1, 1999: BE IT RESOLVED to hold the hearing open due to litigation which is pending in the Supreme Court. The next Planning Board meeting is scheduled for March 22, 1999 at 7:30 p.m. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman PLANNING BOARD MEMBEO QgOFFOt,'-c • Town Hall, 53095 Main Road BENNETT ORLOWSHI, JR. ~O Chairman h Gym P.O. Box 1179 WILLIAM J. CREMERS y Southold, New York 11971 Fax (516) 765-3136 KENNETH L. EDWARDS W ~ GEORGE RITCHIE LATHAM, JR. • Telephone (516) 765-1938 RICHARD G. WARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 9, 1999 Anthony Salvatore Hillside Professional Center 45 Route 25A-Suite 2 East Setauket, NY 11733-2875 RE: Proposed Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, February 8, 1999: BE IT RESOLVED to hold the hearing open due to litigation which is pending in the Supreme Court. The next Planning Board meeting is scheduled for March 1, 1999 at 7:30 p.m. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Chairman Law Offices WICKHAM, WICKHAM & BRESSLER, P.C. rl(S 10315 Main Road, P.O. Box 1424 Mattituck, New York 11952 516-298-8353 Telefax no. 516-298-8565 January 25, 1999 l JAN `L 6 1999 Att: Melissa Spiro, Planner Town of Southold Planning Board Southold Town Post Office Box 1179 53095 Main Road Planning Board Southold, New York 11971 Re: E. Sievemich, Cox's Neck Road, Mattituck, N.Y. Dear Melissa: This is to confirm that we are the attorneys for Mr. and Mrs. Charles Sidorowicz, who own the property to the North of Ms. Sievemich. We understand that the public hearing on the minor subdivision scheduled for this evening has been adjourned. The litigation between the parties is still pending in the Supreme Court. The primary claim of the Sidorowicz' is that of an easement along the north side of the Sievemich property over the existing driveway (asphalt and stone) as shown on the map, and for a determination that the encroaching portion of the Sidorowicz structure may remain in its present location. There is a secondary claim of title to the area in question. The matter is now on the trial calendar and we are waiting for a trial date. If the claim for the easement is established, this would affect the setback line and the area of the building envelope, since the north side of the property would be a second front yard. The front yard setback in this R-80 zone is 60 feet. I also note that the portion of the map I have shows the Health Department approval is dated Sept. 16, 1988, and expired one year later. Please check your map to see if the Health Department approval has been updated. V e ~~our~~~ yours A' ail A. Wickham lL AAW/dmc 30n/shdtnpb cc: Anthony Salvatore, Esq. PLANNING BOARD MEMBERO SUFF0jjf BENNETT ORLOWSKI, JR. O~~ COG Town Hall, 53095 Main Road P.O. Box 1179 Chairman Southold, New York 11971 WILLIAM J. CREMERS COD Z Fax (516) 765-3136 KENNETH L. EDWARDS Oy ~.g Telephone (516) 765-1938 GEORGE RICHARD G. WARD ' JR. Ol ~ ~O PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 26, 1999 Anthony Salvatore Hillside Professional Center 45 Route 25A-Suite 2 East Setauket, NY 11733-2875 RE: Proposed Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, January 25, 1999: BE IT RESOLVED to hold the hearing open due to litigation which is pending in the Supreme Court. The next Planning Board meeting is scheduled for February 8, 1999 at 7:30 p.m. Please contact this office if you have any questions regarding the above. cerely, nnet~fsk ,Jr. Chairman 1< 0 • COUNTY OF SUFFOLK STATE OF NEW YORK ss: PLANNING BOARD OFFICE TOWNOFSOUTHOLD Patricia C. Lollot, being duly sworn, says that LEGALNl she is the Production Coordinator of the TRAV- Notice of Public Hearing NOTICEISHEREBYGIVEN ELER WATCHMAN, a public newspaper printed that-pursuant to Section 276 of at Southold, in Suffolk County; and ti iat the no- the Town Law, a public hearing - - tice of which the annexed is a printed copy, will be held by the Southold has been published in said Traveler Watchman Town Planning Board, at the Town Hall, Main Road, Southold, once each week for New York in said Town on the 25th day of January, 1999 on the weeks question of the following: 7:30 P.M. Public hearing for successively, co! encing on the the proposed minor subdivision for Eleanor Sievernick, in day of c.,tG~e.-i cc~y Mattituck, Town of Southold, l... County of Suffolk, State of New ../••~.........C.... f,..,.: % York. Suffolk County Tax Map Number p000-11 is bordered on The the north by land now or formerly of Charles & Charle J. Sworn to before m this........ 2-.. day of Sidorowicz; on the east by Howard's Branch of Mattituck pp Creek; on the south by land now ••••••,19../... or formerly of Eliezer A. & Miriam Bella Frumkin; and on - the west by Cox's Neck Road. Dated: January 12,1999 s~iO . BYORDEROFTHE SOUfHOLDTOWN Notary Public PI"41NGBOARD BARBARA A SCHNEIDER Bennett Orlowski, Jr. Chairman NOTARY PUBLIC, State of New York 1X-1/21/99(24) No. 480684& Qualified in Suffolk Courliy Commission Expires LEGAL NOTICE Nodes °IPaillieIcy STATE OF NEW YORK) NOTTCE [S HEREBY GIVEN that pursuant to Section 276 of the )SS: Town Law, a public hearing win be COUNTY OF SUFFOLK) held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said ~ n F 0)' W1 S Of MattituCk, in Said Town on the 25th day of January, county, being duly sworn, says that he/she is 1999 on the question of the follow- ing: Principal clerk of THE SUFFOLK TIMES, a 7:30 P.M. Public hearing for the weekly newspaper, published at Mattituck, in proposed minor subdivision for Eleanor Sievernich, in Mattituck, the Town of Southold, County of Suffolk and Town of Southold, cnnn of sue- folk, State of f New York, Suffolk State of New York, and that the Notice of which county Tax Map Number 1000-113- the annexed is a printed copy, has been regu- 8-5. The property is bordered on the larly published in said Newspaper once each north by land now or formerly of week for I Charles & Charle J. Sidorowicz; on ( weeks , d yCCCSS1V, the east by Howard's Branch of COm encing on the day Mattituck Creek; on the south by of no tl'la V 1 g land now or formerly of Ehezer A. & Miriam Bella Frumkin; and on the west Cox's Neck Road. Dated: January 12, 1999 / IW1 BY ORDER OF THE SOUTHOLD TOWN Principal Clerk PLANNING BOARD Bennett Orlowski' Jr. Sworn to bee 'e me this_ 1594-lrne Chairman day of Y <n ig -4) ~L LLl C~~ CI122~2 PLANNING BOARD MEMBER* ~~SUFFOtof • Town Hall, 53095 Main Road BENNETT ORLOWSKI, JR. ht.~ P.O. P.O. Box 1179 Chairman < Southold, New York 11971 WILLIAM J. CREMERS C02 2 Fax (516) 765-3136 KENNETH L. EDWARDS Dy • Telephone (516) 765-1938 GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD ~Q.4 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 12, 1999 Anthony Salvatore Hillside Professional Center 45 Route 25A-Suite 2 East Setauket, NY 11733-2875 RE: Proposed Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, January 11, 1999: BE IT RESOLVED that the Southold Town Planning Board set Monday, January 25, 1999, at 7:30 p.m. for a final public hearing on the maps dated October 16, 1998. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The sign and notification form are enclosed for your use. Please return the endorsed Affidavit of Posting and the signed green return receipts from the certified mailings on the day of, or at the public hearing. The amended draft Declaration of Covenants which was submitted on January 8, 1999, contains the additional requirements required by the Planning Board. The draft must be recorded in the County Clerk's office together with the Declaration which was recorded on July 25, 1990. The 1999 amendment contains restrictions in addition to, not in place of the restrictions contained in the Declaration recorded in 1990. Please contact this office if you have any questions regarding the above. Sincerely, ~ BennettOr~ki, 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 minor subdivision. 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: Proposed minor subdivision for Eleanor Sievernich, SCTM#1000-113-8-5, located on the east side of Cox Neck Road in Mattituck. 3. That the property which is the subject of this application is located in the R-80 zone. 4. That the application is for 2 lots on 3.7648 acres. (See enclosed map.) 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board office at (516) 765-1938. 6. That a public hearing will be held on the matter by the Planning Board on Monday, January 25, 1999 at 7:30 p.m. in the meeting hall at Southold Town Hall, Main Rd., Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Traveler Watchman published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owners Name(s): Date: ANTHONY SALVATO1tT4-' ATTORNEY AT LAW M S HILLSIDE PROFESSIONAL CENTER 46 FIOUIE 25A - SUITE 2 EAST SETAUKET, N.Y. 11711-2975 i (510)941-4411 PAX (516)!)4 1 470n FACSIMILE TRANSMITTAL COVER SHEET DATE : / `I r7 M I TO : 1 1 e., I s C( ~J Fes' U RE : kS, F (e- (r k7; C- TOTAL NUMBER OF PAGES (including cover aheet)'I MESSAGE: lE1 jf S F-' it C'. ? i C (.tJ Y) cJ I C) C:L1 / FY / a4)C',iIi UeC nr=r a I e /Q LZ 1 ~ C ' ~ ~s i~ ;e JAN 0 8 1 iA plan ing Boaa l District 1000 Section 113 Block 08 Lot ';005.000 AMENDED DECLARATION OF COVENANTS AND RESTRII;TIO,NS THIS AMENDED DECLARATION made by Eleanor S~everrnich this I day of January, 1999, residing at 300 'Cox. Neck Roan, Mattituck, New York, hereinafter referred to as thelDE^LARANT, as the owner of premises described in Schedule "A" nnexed hereto (Hereinafter referred to as the PREMISES) desires t restrict th-e- use and enjoyment of said PREMISES and has for suet: purposes determined to impose on said PREMISES covenants an restrictions and does hereby declare that said PREMISES shall k;e eld and shall be conveyed subject to the following covenants and ~estcictions: 1. Grading within the 75' wetland buffer area shall be prohibited. 2. Clearing and cutting within the 75' wetLv:d buffer area shall be limited to that necessary for proper m int~nance and remova: of diseased, decayed or dead material and o noxtcus plant species. L.S. ELEANOR SIEVERN CH STATE OF NEW YORK ss.: COUNTY OF SUFFOLK } On the day of January, 1999, before me personally came ELEANOR SIEVERNICEi; to me !known to be the individual described in and who executed the foregoing instrument and acknowledged that she executed same. Notary Public : Stati, of Ncw York Submission Without a Cover Letter Sender: F-Ieano( SleAclnidv Subject: 1r jeOLn)( Sie,ernic.h rn%r)O'( S;L& SCTM#: 1000- I l 3 -8 l q Date: !L11.1 Comments: p Ians - 2 n"~ bns DEC 21 8998 Southold Town Planning Board PLANNING BOARD MEMBEO g,3FF0(,t • Town Hall, 53095 Main Road BENNETT ORLOWSKI, JR. P.O. Box 1179 Chairman o= t Southold, New York 11971 WILLIAM J. CREMERS y Z Fax (516) 765-3136 KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. Telephone (516) 765-1938 RICHARD G. WARD 'lJpl ~a~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 23, 1998 Anthony Salvatore Hillside Professional Center 45 Route 25A-Suite 2 East Setauket, NY 11733-2875 RE: Proposed Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Sievernich: In response to your inquiry, the terms for the wetland buffer must be as follows: Grading within the 75' wetland buffer area shall be prohibited. Clearing and cutting within the 75' wetland buffer area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Please feel free to contact me if you have any questions regarding the above. Sincerely, Melilaa 'Spi'r- Planner ANTHONY SALVATORE MS ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A - SUITE 2 EAST SETAUKET, N.Y. 11733-2875 (516)941-4411 FAX (516) 941-4788 October 8, 1998 Ms. Melissa Spiro, Planner Town of Southold Planning Board Office Town Hall Southold, NY 11971 Re: Proposed Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Ms. Spiro: I have arranged to have the mylar prints made relative to the above. Before I give the surveyor the final okay, he has to know if anything besides the 75' buffer and the Suffolk County Department of Health imprint will be required. Your earliest response will be appreciated. Very truly yours, f A.NTHONY SAL-1yj TORE AS/msh 1016 e F-e/~ oes; y CO k ;s D'1~ce- Via Facsimile ( 11Z a6v2 t~ (S 1J1^a ' and regular mail n~(1 ~ . MS, C; 4 • `PV O~j 13 1495 Southold Town F m ing Board PLANNING BOARD MEMBERS. gOFF01i- • BENNETT ORLOWSKI, JR. Q~'O CQG Town Hall, 53095 Main Road .y~ P.O. Box 1179 Chairman Southold, New York 11971 WILLIAM J. CREMERS co Z Fax (516) 765-3136 KENNETH L. EDWARDS Oy Telephone (516) 765-1938 GEORGE RITCHIE LATHAM, JR. Q RICHARD G. WARD ~Cl ~a PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 5, 1998 Anthony Salvatore Hillside Professional Center 45 Route 25A-Suite 2 East Setauket, NY 11733-2875 RE: Proposed Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Sievernich: Enclosed please find a copy of the July 15, 1998, report from the Board of Trustees in regard to the above mentioned subdivision. As noted in the report, the Trustees are not requiring that any additional information be shown on the survey. Please refer to my letter of May 29, 1998, for additional information which must be submitted before the Planning Board will re-schedule the final hearing for the proposed subdivision. In addition, the April 30, 1998, decision by the Zoning Board of Appeals mentions that there is a pending decision by the Supreme Court in regard to two different property disputes involving the subject property. Please provide an update for the Planning Board as to the status of the Supreme Court decision. Please feel free to contact me if you have any questions regarding the above. Sincerely, Meliss Planner enc. 22 Albert J. Krupski, President • 0$UFFO(,~c . Town Hall James King, Vice-President 53095 Main Road Henry Smith y~ P.O. Box 1179 o - Artie Foster CA Southold, New York 11971 Z Ken Poliwoda O Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Melissa Spiro, Planner FROM: Albert Krupski, Town Trustee RE: Proposed Minor Subdivision Eleanor Sievernich SCTM #1000-113-8-5 DATE: July 15, 1998 The Southold Town Board of Trustees reviewed the survey of Eleanor Sievernich dated and received in this office June 9, 1998 and found that the landward edge of tidal wetlands as delineated in the field by Suffolk Environmental Consulting on November 25, 1997, to be accurate and correct based on his report and submitted survey. Thank you for your time and cooperation. Southold Town Planning Board PLANNING BOARD MEMBERS ~SpFF01,fc • BENNETT ORLOWSKI, JR. Q~ ~G Town Hall, 53095 Main Road Chairman 'yam P.O. Box 1179 WILLIAM J. CREMERS y Southold, New York 11971 KENNETH L. EDWARDS ,y Fax (516) 765-3136 GEORGE RITCHIE LATHAM, JR. • `F Telephone (516) 765-1938 RICHARD G. WARD y~IJO! ~aQ~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Albert J. Krupski, Jr. Southold Town Trustees FROM: Melissa Spiro, Planner~5 RE: Proposed Minor Subdivision Eleanor Sievernich SCTM# 1000-113-8-5 DATE: June 9, 1998 In 1990, the Trustees reviewed the above mentioned site in regard to the proposed subdivision. Attached you will find a copy of Bruce Anderson's report, and the December 27, 1990 Trustee adoption of Bruce Anderson's report. The application has been both dormant and before the ZBA since 1990, and recently received variances from the ZBA. The application is now before the Planning Board for the proposed 2 lot subdivision. As noted in the attached letter dated May 29, 1998, from the Planning Board to the applicant, the Planning Board is asking for a 75' wetland buffer to be shown on the map and for the terms of the buffer area to be added to the Declaration of Covenants and Restrictions. Please review the map, site and enclosed information and forward your comments to this office. enc. r ~ INTHONY SALVATORE ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE. 25A - SUITE 2 EAST SETAUKET, N.Y. 11733-2575 (516) 941-4411 FAX (516) 941-4788 June 5, 1998 Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Att: Melissa Spiro, Planner Re: Proposed Minor Subdivision for Eleanor Sievernich SCTM# 1000 - 113 - 8 - 5 Dear Ms. Spiro: Enclosed are two copies of the survey updated 4/1/98. I will wait for the Board's decision prior to recording the additional covenants and restrictions as outlined in your letter of May 29, 1998. Should you have any questions, please advise Very truly yours, ANTHONY S Zt AS/msh Encs. C: Eleanor Sievernich JUN 8 1998 Southold Town Planning Board PLANNING BOARD MEMBE19 ~g13FF014, BENNETT ORLOWSKI, JR. ~O~' COG Town Hall, 53095 Main Road Chairman = y~ P.O. Box 1179 WILLIAM J. CREMERS C42 Southold, New York 11971 KENNETH L. EDWARDS Fax (516) 765-3136 GEORGE RITCHIE LATHAM, JR. Telephone (516) 765-1938 RICHARD G. WARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 29, 1998 Anthony Salvatore Hillside Professional Center 45 Route 25A-Suite 2 East Setauket, NY 11733-2875 RE: Proposed Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Sievernich: The Planning Board reviewed the status of the above mentioned subdivision at the May 27, 1998 work session in response to your letter of May 15, 1998. I have listed the items below which must be addressed in order for the Planning Board to proceed with the application. 1. The ZBA decision was based on an updated survey dated April 1, 1998. The Planning Board does not have a copy of this map. Two (2) copies of this map should be submitted as soon as possible. The Planning Board will be forwarding a copy of the map to the Town Trustees for review. 2. The Planning Board will be requiring that a 75' wetland buffer be shown for both lots. Please note that it is not necessary to make this map change until the Town Trustees have completed their review in case they require any additional map amendments. 3. A Declaration of Covenants and Restrictions was recorded for the above mentioned subdivision in 1990. The terms for the 75' wetland buffer must be added to the Declaration. However, as noted above, it is not necessary to make this change until after the Town Trustees have completed their review. Eleanor Sievernich May 29, 1998 Page 2 4. Final subdivision maps (5 paper prints and 2 mylars), amended as noted above, and containing a valid stamp of Health Department approval, must be submitted before the Planning Board will re-schedule the final hearing for the proposed subdivision. As noted in Number 1 above, please submit the existing map for the Planning Board's review prior to submitting the final map with Health Department approval. Please feel free to contact me if you have any questions regarding the above. X it Planner Jo,u .ANTHONY SALVATORE ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A - SUITE 2 EAST SETAUKET, N.Y. 11733-2875 (516) 941-4411 FAX (516) 941-4788 May 15, 1998 Planning Board Southold Town Hall P.O. Box 1179 Southold, NY 11971 Att: V. Scopaz Re: Sievernich - Subdivision 3200 Cox Neck Road, Mattituck SCTM# 1000 - 113 8 - 5 Dear Sir: As you know, the Board of Appeals granted variances in the above matter. We are ready to begin the process for approval of your board fox' a minor subdivision. I would appreciate your advice as to how we may proceed with this application. Very truly you/rrs,/ ~ ANTHONY S VATORE AS/msh MAY 18 1998 Southold Town Planning Board LS BOARD MEMBERS ~~gUFFO(,~co ~Q G Southold Town Hall Gerard P. Goehringer, Chairman c y< 53095 Main Road James Dinizio, Jr. va x P.O. Box 1179 Lydia A. Tortora Southold, New York 11971 ~ • `F Lora S. Collins y O~ ZBA Fax (516) 765-9064 George Horning Telephone (516) 765-1809 BOARD OF APPEALS ago TV TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MAY 0 7 RW REGULAR MEETING OF APRIL 30, 1998 Southold Town Appl. No. 4068 - ELEANOR SIEVERNICH PARCEL 1000-113-8-5 Planning Board STREET & LOCALITY: 3200 Cox Neck Road, Mattituck DATES OF PUBLIC HEARINGS: December 16, 1991; March 5, 1992; August 14, 1997; September 11, 1997; March 23, 1998; (written portion ended April 16, 1998). FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is located in an R-80 Residential Zone District, being situate on the easterly side of Cox Neck Road, Mattituck. The land in question contains approximately 163,997 sq. ft. (3.7648 acres) with 240 ft. frontage (lot width) along Cox's Neck Road (a/k/a Cox Lane) as shown by the survey completed Nov. 15, 1988 and last-dated Feb. 4, 1992. Existing is a single-family dwelling located on the southerly half of the premises 138.2 feet from a tie line along approximate high water mark (March 1988). The updated April 1, 1998 survey, prepared by Howard W. Young, Land Surveyor, shows Lot #1 of 80,323 sq. ft. including 2,914 sq. ft. of wetland area, and leaving 77,409 sq. ft. of upland area. Lot #2 would contain 83,673 sq. ft. including 9,302 sq. ft. of wetland area, leaving 74,371 sq. ft. of upland area. The lot width of Lot 1 is proposed at 166.63 feet, and lot width of Lot 2 is 73.37 feet, both along Cox Neck Road. The amount of land claimed under a property line dispute with respect to the southerly property line is approximately 3269 sq. ft. The amount of land claimed under a property line dispute with respect to the northerly property line is approximately 2180 square feet. As of this date, a Supreme Court decision has not been rendered, and this determination will be adjusted to reflect a final decision among the property owners without the need to reapply. BASIS OF APPEAL: Building Inspector's Action of Disapproval dated October 2, 1991 which reads as follows: "...under Article XXIII, Section 100-239 proposed lots will have insufficient upland area and under Article III, Section 100-32 proposed Lot #2 will have insufficient lot width...." Page 2 - April 30, 1538 • Re: 1000-113-8-5 (Sievernich) Board of Appeals Appl. #4068 AREA VARIANCE RELIEF REQUESTED BY APPLICANT: Area-variance approval for reduction in lot sizes as follows in this pending subdivision project: Lot 1 with frontage of 166.63 feet along Cox Neck Road, 175 feet in width at the proposed building setback, and upland lot area to approximately 77,409 square feet, more or less; and Lot 2 with frontage of 73.37 feet along Cox Neck Road and upland area of 74,371 square feet, more or less. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because this property, when divided, will produce two lots of a minimum of 75,320 and minimum of 71,102 sq. ft., excluding the wetland areas. Both lots would have far more area than most lots in the vicinity. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because this 3.7+- acre It is long and narrow, conforming to most of the lots in this area. (3) The requested area variance is not substantial. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because a new house would be placed in a location at least 75 feet from the wetlands, and the existing house already exists in a location at least 75 feet from the wetlands. This action is the minimum that the Board deems necessary and adequate and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Dinizio, seconded by Member Tortora, it was RESOLVED, to GRANT the variances, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, COLLINS, and HORNING. This RESOLUTION was Page 3 - April 30, 18 • Re: 1000-113-8-5 (Sievernich) Board of Appeals Appl. #4068 adopted by unanimous vote of the Members - GERA P. GOEHRI R ZBA CHAIRMAN Approved for Filing on 5/7/98 AS400/ txtlk/ actions. all/ 113-8-5 .Su6Fi~E ANTHONY SALVATORE 1115 ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A EAST SETAITKET, N.Y. 11733 (516) 941-4411 FAX (516) 941 4788 April 26, 1993 i Planning Board Office Town of Southold Town Hall P.O. Box 1179 Southold, NY 11971 Att: Melissa Spiro Re: Minor Subdivision for Eleanor Sievernich SCTM# 1090-113-8-5 Dear Ms. Spiro: I am in receipt of your communication dated April 13th last regarding the removal of the above matter from your agenda. I further understand that the Board will restore the matter upon notification from the undersigned that approvals have been obtained from the Zoning Board of Appeals. Therefore, I assume that, upon restoration, the original application to the Board will still be in effect and will not be a new application. If there is any discussion in this regard, please contact me. Ver truly yours, ANTHONY SA/LVATORE AS/msh CC: Eleanor Siever.nich RR 77RD APR28SOUTHOLDPANNING ~~~~gUFFO(~ PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward z~ y Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 April 13, 1993 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, April 12, 1993. BE IT RESOLVED to take the final public hearing off the Planning Board's agenda. Your client will be given the right to restore the application upon notification by you in writing, that the necessary approvals have been obtained from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Sincerely, Richard G~Ward Chairman cc: Zoning Board of Appeals Town Attorney V'su e1Fr1_E • ANTHONY SALVATORE • SS ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A EAST SETAUKET, N.Y. 11733 (516) 941-4411 FAX (516) 941-4768 April 2, 1993 Richard G. Ward, Chairman Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Re: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Ward: In response to your letter of March 23rd, we have not proceeded with the application before the Zoning Board of Appeals in this matter :Eor the reason that we have been attempting to resolve the line problem prior to doing so. We are making some progress, however, the progress is slow. I request that this application be held in abeyance for a reasonable time and, if a resolution is not had, we will have to make a decision as to what action to take. Thank you for your consideration. Very truly yours, J~ ANTHONY SALVATORE AS/msh CC: Zoning Board of Appeals Eleanor Sievernich Anthony Tohill, Esq. U ~TNOT~ f: f APR -,fMM SOUTHOLD TOWN PLANNING BOARD • y<~S11FFD ¢ o~° ea PLANNING BOARD MEMBERS r2 SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 March 23, 1993 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, March 22, 1993: The final public hearing, which was opened on October 2, 1990, was again kept open. It is understood that the application before the zoning Board of Appeals is inactive. Please indicate, in writing, prior to April 12, 1993, the reason why the application is inactive. Please contact this office if you have any questions regarding the above. Sincerely, ~q, t~ Richard G. and Chairman CC: Zoning Board of Appeals * t PLANNING BOARD MEMBERS SCOTT L. HARRIS y&+ Supervisor Bennet Orlowski, Jr., Chairman George Ritchie Latham, Jr. ~ Town Hall, 53095 Main Road Richard G. Ward P.O. Box 1179 Mark S. McDonald Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 March 2, 1993 Anthony Salvatore Hillside Professional Center 95 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, March 1, 1993: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Sincerely, in 1 t GLton 1# VCV'W Richard G. Wardf Chairman cc: Zoning Board of Appeals rr~ ~ PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman r'~'• _ ~ r` Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 February 9, 1993 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, February 8, 1993: The final public hearing, which was opened on October 2, 1990, was again kept open. . The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Sincerely,~/ ~'V '.v~,? A/n l l I Richard G. Ward rn5 Chairman cc: Zoning Board of Appeals • f?,,~ SUFfOI~~rfC~~ • = e"~ Gym PLANNING BOARD MEMBERS ti SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman I Supervisor George Ritchie Latham, Jr.~,( Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 January 12, 1993 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM$ 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Tuesday, January 11, 1993: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. sincerely, Richard G. Ward 4415 Chairman cc: Zoning Board of Appeals PLANNING BOARD MEMBERS 3 L t SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor 31 George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765'1823 December 15, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, December 14, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr'4n$ Chairman cc: Zoning Board of Appeals c,+~FFO(~-~~, C3 V.1 f J' PLANNING BOARD MEMBERS " T SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards . PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November 24, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: . The following took place at a meeting of the Southold Town Planning Board on Monday, November 23, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr S Chairman cc: Zoning Board of Appeals ~~gUfFO PLANNING BOARD MEMBERS y ~ f SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. A Richard G. Ward« Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November 4. 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, November 2, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Ver trul ~ u a '"tS Bennett Orlowski, Chairman cc: Zoning Board of Appeals 23 fl PLANNING BOARD MEMBERS r} w = SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward ' Town Hall, 53095 Main Road Mark S. McDonaldP.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 October 20, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, October 19, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly /yours, BennettU Orlowski, : /,/)Ti Chairman CC: Zoning Board of Appeals PB APPEALS BOARD MEMBERS p q Y/+ ?a SCOTT L. HARRIS }~fl~ +GGy Supervisor Gerard P. Goehringer, Chairman Town Hall, 53095 Main Road Serge Doyen, Jr. y~ T P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 ~Robert A. ViWWlla77 tt •~lJl ,flfl~ Fax (516) 765-1823 Telephone ~51i} 7b9-18~ Telephone (516) 765-1800 BOARD OF APPEALS TOWN OFSOUTHOLD October 15, 1992 OCT 16 1992 s jU TT i D T+ !i~S s Anthony B. Tohill, Esq. ifig1^ah , r,(i gp 12 First Street Riverhead, NY 11901 Re: Appl. No. 4068 - Eleanor Sievernich (Variance) Dear Mr. Tohill: During mid-May, our office was informed that you were going to be the attorney representing the applicant, Eleanor Sievernich, at the public hearing, and that a letter would be forthcoming from you that the reason a postponement is being requested is try to resolve a boundary line dispute between the property owners. Please provide us with a letter for our file confirming the attorney for the applicant in this variance application, its present status and, if possible, the length of time you are requesting this matter to be held in abeyance. Thank you. Very truly yours, Linda Kowalski cc: Planning Board e~ SUffO( j~~, r " G2 0 PLANNING BOARD MEMBERS w 2 SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman ,t, Supervisor George Ritchie Latham. Jr. Richard G. Ward >'1 Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (5I6) 765-1823 September 15, 1992 - Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, September 14, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours, Benn~tO low ski, J `j Chairman CC: Zoning Board of Appeals 0 PLANNING BOARD MEMBERS CPO Cf, _ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman 0 k X Supervisor George Ritchie Latham, Jr. J Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 nust 18, 1992 Anthonv Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Tuesday, August 17, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours, Benn~tOrlows ki,Jr Chairman cc: Zoning Board of Appeals PLANNING BOARD MEMBERS C4 SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman d c*,9 Supervisor George Ritchie Latham, Jr. Richard G. Ward 'sz~yt Town Hall, 53095 Main Road P.O. Box 1179 Mark S. McDonald Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 July 22, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Tuesday, July 21, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours, Beane t Orlowski, Jr. Chairman cc: Zoning Board of Appeals 1 i PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Ball, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 30, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, June 29, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, / 'MS Chairman cc: Zoning Board of Appeals PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Supervisor Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold. New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 9, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, June 8, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ^'~l Chairman ce: Zoning Board of Appeals ANT110NY SALVATORD, ATTORNEY AT LAW V V ~i HILLSIDE PROFESSIONAL DrNTFR 4h ROUTE t§A EAST'SETAITKET, N.Y. 11733 (§i®) 041441 j 1' FAX (510) 041-4708 May 19, 1992 Town of Southold Zoning Board of Appeals P.O. Box 1179 0 Vi~"o Southold, NY 11971 EMAY T 1992 Att: Linda Kowalski LD TOWN NG BOARD Re: Eleanor Sievernich Your File No. 4068 Dear Linda: Pursuant to our telephone conversation, this is to inform you that Anthony Tohill will be the attorney representing Eleanor Sievernich in her application before the Zoning Board of Appeals. My last conversation with Mr. Tohill was to the effect that perhaps the application should be put on the suspense calendar as he was trying to resolve the boundary line matter. Therefore, I would suggest that you contact Mr. Tohill and verify the contents of this letter. Very truly yours,n ANTHONY SALV TORE AS/msh CC: Anthony B. Tohill, Esq. P.O. Box 1330 Riverhead, NY 11901 w ~ v a _ CY_ i/~ SkIFF04 Cz PLANNING BOARD MEMBERS C42 SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham. Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 May 19, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, May 18, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours, Be~nne ItOraws'klil. chairman CC: Zoning Board of Appeals ~~gUFFO(~-c 0 PLANNING BOARD MEMBERS C03 ?u SCOTT L. HARRIS Bennett Orlowski. Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward Lf Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 f April 28, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, April 27, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours, Bennet ~sk x, ans Chairman CC: Zoning Board of Appeals o~OSQFFO(,~-C OG PLANNING BOARD MEMBERS y t s. = SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman 4y? ' Supervisor George Ritchie Latham. Jr. Richard G. Ward 1 E( Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 April 7, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, April 6, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truulfy" yours, Bennett Orlowski, J mrs Chairman cc: Zoning Board of Appeals ( a 1 0 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman SCOTT L. HARRIS Supervisor v. George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 March 17, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, March 16, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact; this office if you have any questions regarding the above. Very truly yours, / Bennett Orlowski, Jr. 405 Chairman cc: Zoning Board of Appeals ~ ~yrr (,f a PLANNING BOARD MEMBERS "4 W w SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman, Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald µ P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 February 25, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for" Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, February 24, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours Bennett Orlowski, Jr. ~S Chairman cc: Zoning Board of Appeals PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward ; Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 February 4, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, February 3, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final. decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Ver truly yours, Bennett Orlowski, Jr, Chairman CC: Zoning Board of Appeals l"0gU'fFD(~ ' GPLANNING BOARD MEMBERS p SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman's " Supervisor George Ritchie Latham, Jr. Richard G. Ward ; Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 January 14, 1992 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore:: The following took place at a meeting of the Southold Town Planning Board on Monday, January 13, 1992: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yo 0411", / urs, /J Bennett Orlowski, Jr. Chairman cc: Zoning Board of Appeals PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr.`~~~I Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 December 24, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, December 23, 1991: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours, Bt Orlowski, Jr. ~j Chairman CC: Zoning Board of Appeals H 0 PLANNING BOARD MEMBERS SCOTT L. HARRIS W T Bennett Orlowski, Jr., Chairman ^^p ti Supervisor George Ritchie Latham, Jr. orb Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 TO- Gprflrd P. Goehringer; Chairman Zoning Board of Appeals FROM: Bennett Orlowski, Jr., Chairman RE: Proposed Minor Subdivision Eleanor Sievernich SCTM# 1000-113-8-5 Appl. No. 4068 DATE: December 16, 1991 Below please find a list of the Planning Board's comments in reference to the above mentioned application: 1. The final hearing before the Planning Board has been held open since October 2, 1990 due to the fact that the area of each lot, minus the wetland area, is less than that required by the R-80 Zoning District. Thus, a variance(s) from the Zoning Board of Appeals was required before the Planning Board could proceed with the subdivision. 2. The building envelopes shown on the maps submitted for both the subdivision and the variance request are incorrect in that they allow two sideyards of twenty (20) feet each. Under the Bulk Schedule for the R-80 District, one side yard for each lot must be at least twenty-five (25) feet in width. If your Board grants the variances, the Planning Board will require that the applicant submit a revised final map showing the corrected sideyard setback. 3. The building envelopes shown on each lot describe the buildable area for principal buildings within the required yard setbacks set forth by the Bulk Schedule. They do not in any way permit the applicant to build structures that exceed the setbacks or lot coverage allowed by the Zoning Code. A building envelope is not to be equated with potential lot coverage of the site. The Planning Board uses these "general" building envelopes so as to avoid forcing the applicant to Page 2 Sivernich December 13, 1991 locate the actual structures at the time of the subdivision approval, while ensuring that each lot is buildable without the need for variances. In order to prevent any confusion on the part. of the applicant/subdivider, if your Board grants the variances, the Planning Board will require the subdivider to covenant that all buildings and structures will be in accordance with the lot coverage limitations of the Bulk Schedule of the Zoning Code. PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 December 10, 1991 Anthony Salvatore Hillside Professional center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, December 9, 1991: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. l"'hS Chairman cc: Zoning Board of Appeals ~ BUFFO( PLANNING BOARD MEMBERS N „ rw v' SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman y~•~, n.' " Supervisor George Ritchie Latham, Jr. Richard G. Ward * i Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November 19, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, November 18, 1991: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board is in receipt of a final decision from the Zoning Board of Appeals. Please contact: this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr /MS Chairman LAW OFFICES if ANTHONY SALVATORE~ P.C. HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A EAST SETAUKET, N.Y. 11733 TELEPHONE November 12, 1991 FAX 15161 941-4411 15161 941.4788 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971. Re: Eleanor Sievernich SCTM# 1090-113-8-5 Dear Sir/Madam: Relative to the above, enclosed are the following items: 1. Original and copy of application 2. Copy of Covenants and Restrictions 3. Copy of portion of survey showing Suffolk County Department of Health approval in duplicate 4. Copy of Building Permit 5. Copy of Southold Building Department Notice of Disapproval 6. Copy of Planning Board's Negative Declaration SEGR 7. Copy of Southold Planning Board 3/6/91 letter relative to wetland area exclusion 8. Questionnaire for filing with Z.B.A. Application 9. Copy of Environmental Consultant, Bruce Anderson's, report 10. Copy of deed, Schiffers to Sievernich 11. Original and three (3) copies of survey showing proposed subdivision 12. Short Environmental Assessment Form 13. Notice to Adjacent Property Owner with affidavit of mailing and Certified Mail Receipts 14. Check of Eleanor Sievernich in the amount of $500 representing variance fee Should there be any questions, or anything further required, please advise. D Ve tr ly o?s, D' ANTHONY TORE AS/msh SCL N PLANT: Enclosures - 14 P CC: Eleanor Sievernich Southold Planning Board - Att: Melissa h~o~~gUFFO(,~COG ti- PLANNING BOARD MEMBERS C* 2 Bennett Orlowski, Jr., Chairman SCOTT L. HARRIS George Ritchie Latham, Jr. ' Supervisor Richard G. Ward Mark S. McDonald Town Hall, 53095 Main Road Kenneth L. Edwards P.O. Box 1179 PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 October 22, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, October 22, 1991: The final public hearing, which was opened on October 2, 1990, was again kept open. It is understood that you will be making an application before the Zoning Board of Appeals within the next few weeks. Please notify the Board if this is incorrect. Please contact this office if you have any questions regarding the above:. Very trul ~ ui Bennett Orlowski, Jf: ~'/S Chairman PLANNING BOARD MEMBERS » n Bennett Orlowski, Jr., Chairman -{fin SCOTT L. HARRIS George Ritchie Latham, Jr. w Supervisor Richard G. Ward Mark S. McDonald Town Hall, 53095 Main Roa, Kenneth L. Edwards P.O. Box 1179 PLANNING BOARD OFFICE Southold. New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD 'Fax (516) 765-1823 October 1, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, September 30, 1991: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing is being held open due to an Article 78 proceeding instituted by the applicant. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr? wis Chairman PLANNING BOARD MEMBERS SCOTT L. HARRIS i, Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 September 10, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, September 9, 1991: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing is being held open due to an Article 78 proceeding instituted by the applicant. Please contact this office if you have any questions regarding the above. Very truly yours, g. Bennett Orlowski, Chairman gUFFO(~ PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman, O S Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 August 13, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, August 12, 1991: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing is being held open due to an Article 78 proceeding instituted by the applicant. Please contact this office if you have any questions regarding the above. Very truly yours, Dti.e ' - Bennett Orlowski, Jr. IV5' Chairman Jo4 PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman e Supervisor George Ritchie Latham, Jr.~~`O ",i )i' Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 July 16, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore:: The following took place at a meeting of the Southold Town Planning Board on Monday, July 15, 1991: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing is being held open due to an Article 78 proceeding instituted by the applicant. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr.~ mrf Chairman r, PLANNING BOARD MEMBERS 1 a x SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman.~~ • Supervisor George Ritchie Latham, Jr. Richard G. Ward - s Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 25, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore:: The following took place at a meeting of the Southold Town Planning Board on Monday, June 24, 1991: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing is being held open due to an Article 78 proceeding instituted by the applicant. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ~y~ Chairman PLANNING BOARD MEMBERS t ,N f SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman,? Supervisor George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Town Hall. 53095 Main Road P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 6, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Tuesday, June 4, 1991: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing is being held open due to an Article 78 proceeding instituted by the applicant. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. mrS Chairman PLANNING BOARD MEMBERS'' r _ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward n ; Town Hall, 53095 Main Road Mark S. McDonald = P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold. New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 5, 1991 Daniel C. Ross Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Eleanor Sievernich SCTM#1000-113-8-5 Dear Mr. Ross: In reply to your letter of June 3, 1991, I have enclosed a copy of the Judge's decision in Mrs. Sievernich's Article 78 proceeding; and a copy of this Board's March 6, 1991 letter to the applicant's attorney. A judgement has not yet been signed and filed and the Planning Board has not denied the subdivision application. Very truly yours, alerie Scop Town Planner fo Bennett Orlowski, Jr. Chairman Encl. +.,T HARVEY A. ARNOFF SCOTT L. HARRIS Town Attorney Supervisor MATTHEW G. KIERNAN Town Hall, 53095 Main Road :\ssistant Town Attorney 'AP.O. Box 1179 _ Southold, New York 11971 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY Telephone (516) 765-1800 TOWN OF SOUTHOLD INTER-OFFICE MEMORANDUM FROM THE TOWN ATTORNEY'S OFFICE TO: Town Board Planning Board FROM: Matthew G. Kiernan, Assistant Town Attorney !y DATE: June 3, 1991 RE: Eleanor Sievernich v. Town of Southold and Planning Board Annexed hereto, please find a copy of Judge Geiler's decision with regard to the above-referenced matter. As you can see, Judge Geiler dismissed Ms. Sievernich's petition because the Planning Board did not act arbitrarily. We are currently in the process of preparing a judgment for Judge Geiler to sign and will advise you when same is signed and filed. Should you have any questions, please feel free to contact me. MEMORANDUM SUPREME COURT, SUFFOLK COUNTY TRIAL TERM PART 16 In the Matter of the Application of, ELEANOR SIEVERNICH, BY: GEILER J.S.C. Petitioner, -against- DATED: 1991 TOWN OF SOUTHOLD, TOWN OF SOUTHOLD PLANNING BOARD, INDEX NO.: 91-6897 Respondent. CDISPSJ ANTHONY SALVATORE, P.C. HARVEY A. ARNOFF, ESQ. Attorney for Petitioner Attorney for Respondent 45 Route 25A 53095 Main Road, Box 1179 East Setauket, NY 11733 Southold, NY 11971 s In this Article 78 proceeding, petitioner demands a judgment reversing and annulling the March 6, 1990 determination of the respondent Planning Board of the Town of Southold which denied further review of the petitioner's application for minor subdivision approval until petitioner obtained area variances reducing the lot area minimum required by the zoning ordinance. Petitioner also seeks a judgment in the nature of mandamus to compel the respondent Planning Board to grant approval to the petitioner's proposed subdivision. For the reasons set forth below the petition is dismissed. Petitioner is the owner of a 3.76 acre parcel of real property located on Cox Neck Road, Mattituck, New York. The premises are located in a district zoned R-80, which requires, among other things, minimum lot areas of 80,000 square feet. In 1989, petitioner decided to subdivide her parcel into two lots, comprised of the following lot areas: Lot #1 with 80,323 square feet and Lot #2 with 83,673 square feet. By letter dated March 6, 1991, the Chairman of the respondent Planning Board advised petitioner's attorney that further review of the petitioner's minor subdivision by the Planning Board was precluded as follows: PAGE 2 SIEVERNICH V. SOUTHOLD INDEX NO. 91-6897 The Planning Board has reviewed the maps dated February 8, 1991, which were revised to show the upland and wetland area of each proposed lot. The subject parcel is located in a R-80 District, requiring a minimum of 80,000 square feet per lot. As per Section 100-239 of the Town Zoning Code, land under water is not included when computing minimum lot area. A copy of Section 100-239 is enclosed for your convenience. When the wetland area is excluded from your client's proposed subdivision, each lot has a lot area less than the required 80,000 square feet. The Planning Board cannot proceed with review of this subdivision unless your client applies for, and receives, an area variance from the Zoning Board of Appeals. A disapproval from the Building Department for a building permit will be required before your client can appear before the Zoning Board of Appeals. Please indicate, in writing, before April 2, 1991, how your client intends to proceed. If you have any questions regarding the above, please contact this office. Section 100-239 of the Zoning Ordinance of the Town of Southold, upon which the Planning Board's denial of further review of petitioner's application was based, provides as follows: § 100-239. Land under water, filled land. Streams, ponds, tidal marshes and portions of Long Island Sound and its various bays and estuaries, lying within the boundaries of the Town of Southold, whether or not so indicated on the PAGE 3 SIEVERNICH V. SOUTHOLD INDEX NO. 91-6897 Zoning Map as being in a particular use district, shall be considered as being in the most-restricted use district abutting thereon, and such zoning classification shall continue in force regardless of any filling or draining of such lands. Nothing herein contained shall be construed to permit the filling or dredging of such land. For the purpose of computing density for the development of any lot or lots, no land under water, unless filled pursuant to law, shall be included in computing the minimum lot area for each dwelling unit permitted under the appropriate zoning district in which the property lies. The Planning Board's application of such ordinance reduced the buildable lot area of Lot #1 from 80,322 square feet to 74,568 square feet, and, Lot #2 from 83,673 square feet to 79,449 square feet. Petitioner then commenced this Article 78 proceeding to annul the March 6, 1991 determination of the respondent :Planning Board and to compel the Board to grant approval to petitioner's minor subdivision application. Petitioner claims that the Planning Board's interpretation of §100-239 to include all wetland areas existent upon her property was erroneous and improper and constituted an arbitrary, capricious and erroneous application of the ordinance. Municipal authorities have no inherent power to enact or enforce zoning or land use regulations, but instead exercise such authority solely by legislative act (Kamhi v Planning Bd of Yorkown, 59 NY2d 385, 465 NYS2d 865 [1983]). Accordingly, each local board or agency involved with the zoning and planning process may not exceed the bounds of the power specifically delegated to it (Moriarity v Planning Bd of the Village of Sloatsburg, 119 AD2d 188, 506 NYS2d 184 [1986]). Zoning boards of appe~.Js of villages and towns are vested with authority to hear appeals of decisions of administrative officials and have original jurisdiction to grant variances from the requirements of the zoning ordinances (Village Law §7-712; Town Law §267). As a corollary to the authority to both grant variances and to review determinations of the enforcement official, a zoning board of appeals has the primary jurisdiction of interpreting the applicable zoning ordinance (Marx Y Zoning Bd of'Appeals of the Village of Mill Neck, 137 AD2d 333, 529 NYS2d 330, [1988]; Moriarity Y Planning Bd of the Village of Sloatsburg, 119 AD2d 188, 506 NYS2d 184 [1986],. supra; Thurman v Holahan, 123 AD2d 687, 507 NYS2d 52 [1986]). Thus, it has been consistently held that a planning board may not deny approval of a site plan upon the grounds that a proposed use is in violation of the zoning ordinance as the power to interpret the provisions of PAGE 4 SIEVERNICH V. SOUTHOLD INDEX NO. 91-6897 the local zoning ordinance is vested in the zoning board of appeals (Mialto Realty, Inc. v Town of Patterson, 112 AD2d 371, 491 NYS2d 825 [1985]; Rattner v Planning Comm. of Village of Pleasantville, 103 AD2d 826, 478 NYS2d 63 [1984]; Thurman v Holahan, 123 AD2d 687, 507 NYS2d 52 [1986], supra). It follows from the foregoing, that a planning board may not deny subdivision approval upon the grounds that the plots on the plat do not comply with the requirements of the zoning ordinance, where such denial is predicated upon the planning board's interpretation of a particular provision of the ordinance because the zoning board of appeals - not the planning board - is vested with the authority to interpret the provisions of the zoning ordinance. It must be emphasized that not every determination by a planning board which proposed plots on the plat do not conform to the zoning ordinance involves an interpretation of such ordinance. Minimum requirements for lot areas, lot depths and width, etc., ordinarily involve the simple, non-discretionary application of such requirements to the lots on the proposed subdivision to ascertain their conformity with the zoning ordinance. Thus, a planning board may deny plat approval because the plots do not conform to the zoning ordinance where such nonconformity is apparent from the simple application of requirements of any provision of the ordinance to the plots on the plat (See, Town Law §277(1); Cf., Village Law §7-730). Alternatively, the planning board may approve the plat with modifications which would bring the plots on the plat into conformity with the zoning ordinance or condition approval upon the applicant's procurement of a variance or other favorable ruling from the zoning board of appeals (Town Law §267; Village Law §7-728). However, a planning board is without authority to deny plat approval upon the grounds that the plots on the plat do not conform to the zoning ordinance where its determination is predicated upon its interpretation of any of the provisions of the zoning ordinance. To hold otherwise and authorize a planning board to interpret the zoning ordinance in connection with subdivision applications, while recognizing the authority of the zoning board of appeals to otherwise interpret the zoning ordinance, would not only violate existing law but would destroy the separation of powers between the two boards (see, Marx v Zoning Board of Appeals, 137 AD2d 333, 529 NYS2d 330, [1988], supra) and possibly subject the same provisions of the zoning ordinance to different interpretations. Here, the respondent Planning Board advised petitioner's counsel that the petitioner should seek relief from the Zoning Board of Appeals with respect to the minimum lot areas required by the zoning ordinance before the Planning Board undertook further review of the petitioner's application. The fact that the Planning Board concluded that the petitioner's property required variances from the minimum lot area requirements by reason of the Planning Board's interpretation of §100-329 of the zoning ordinance is of no consequence. For the Zoning Board of Appeals is alone empowered to interpret the provisions of the zoning ordinance and to determine whether or not a variance therefrom is required. Thus, the March 6, 1991 determination of the respondent Planning Board, which advised petitioner that approval of her proposed subdivision was impossible without the petitioner's procurement of relief (by variance or otherwise) from the Zoning Board of Appeals, did not constitute an abuse of discretion and was not arbitrary, capricious or illegal. Accord- ingly, petitioner's demand for judgment annulling the March 6, 1991 determination of the respondent board is denied. PAGE 5 SIEVERNICH V. SOUTHOLD INDEX NO. 91-6897 Likewise denied is petitioner's demand for judgment in the nature of mandamus to compel the respondent to approve petitioner's proposed subdivision. Mandamus is a drastic remedy and is only appropriate to compel the performance of a duty commanded by law (Hampton's Hospital & Medical Center, 52 NY2d 88, 436 NYS2d 239 [1981]). It is only appropriate when the act sought to be compelled is ministerial in nature and involves no exercise of discretion (Savastano v Prevost, 66 NY2d 47, 495 NYS2d 6 [1985]). Since the determination of petitioner's subdivision application is a matter which rests in the discretion of the Planning Board, it is not the proper subject of a proceeding in the nature of mandamus to compel (Young v Town of Huntington, 121 AD2d 643, 503 NYS2d 657 [19'86]). In view of the foregoing, the petition is dismissed. Settle judgment. • ALL,, J. S. C. i-:a S PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman v73 . = ~;1 SCOTT L. HARRIS Supervisor George Ritchie Latham, Jr. Richard G. Ward 7t 1 v Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 March 6, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The Planning Board has reviewed the maps dated February 8, 1991, which were revised to show the upland and wetland area of each proposed lot. The subject parcel is located in a R-80 District, requiring a minimum of 80,000 square feet per lot. As per Section 100-239 of the Town Zoning Code, land under water is not included when computing minimum lot area. A copy of Section 100-239 is enclosed for your convenience. When the wetland area is excluded from your client's proposed subdivision, each lot has a lot area less than the required 80,000 square feet. The Planning Board can not proceed with review of this subdivision unless your client applies for, and receives, an area variance from the Zoning Board of Appeals. A disapproval from the Building Department for a building permit will be required before your client can appear before the Zoning Board of Appeals. Please indicate, in writing, before April 2, 1991, how your client intends to proceed. If you have any questions regarding the above, please contact this office. Very truly yours, ~rnt~ ~ ~aa'~ t Bennett Orlowski, Jr.~'mS Chairman enc. cc: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector § 100-238 SOUTHOLD CODF. § 100-239.1 occupancy be issued with respeetto the use and occupancy of such buildings and/or premises unless and until all such required systems and facilities have been constructed and are in proper operating condition and have beeir approved b~ all agencies having jurisdiction thereof. X § 100-239. Land under water; filled land.. Streams, ponds, tidal marshes and portions of Long Island Sound and its various bays and estuaries, lying within the boundaries of the Town of Southold, whether or not so indicated on the Zoning Map as being in a particular use district, shall be considered as being in the most-restricted use district abutting thereon, and such zoning classification shall continue in force regardless of any filling or draining of such lands. Nothing herein contained shall be construed to permit the filling or dredging of such land. For the purpose of computing density for the development of any lot or lots, no land under water, unless filled pursuant to law, shall be included in computing the minimum lot area for each dwelling unit permitted under the appropriate zoning district in which the property lies. § 100-239.1. Excavations. No excavation of any kind shall be permitted except in connection with the construction in the same lot of a building for which a building permit has been duly issued. In the event that a building operation is arrested prior to completion and the building permit therefor is allowed to lapse, within six (6) months after the date of expiration of such permit, the premises shall be cleared of any rubbish or other unsightly accumulations, and topsoil shall be replaced over all areas from which such soil may have been removed. Any excavation for a basement or foundation with a depth greater than three (3) feet below grade shall be either filled or surrounded by a substantial fence adequate to deny children access to the area and adequately maintained by the holder of the permit. lOli'8 _ . sy LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD. P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J. BRESSLER 516-298-5300 ABIGAIL A. WICKHAM 516-296-8353 TELEFAX NO. 516-298-2012 DANIEL C. ROSS TELEFAX NO. 516-298-8565 KAREN J. HAGEN HUBERT F. SULLIVAN JOSEPH C. SAVINO June 3, 1991 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Attention: Ms. Melissa Spiro Re: Application of Eleanor Sievernich SCTM No. 1000/113/8/5 Dear Ms. Spiro: I understand the Board denied the referenced application which denial was upheld in the applicants Article 78. I would appreciate a copy of the Board's denial and if you have a copy of it the Order upholding the denial. Enclosed is an envelope for your convenience. Very truly yours, n1e C. oss * 31Siev DCR : j r Enc -5 1991 HARVEY A. ARNOFF r > SCOTT L. HARRIS Town AttorneySupervisor MATTHEW G. KIERNAN Town Hall, 53095 Main Road Assistant "town Attomey P.O. Box 1179 i1 Y Southold, New York 11971 Fax (516) 765-1823 OFFICE OF THE TOWN ATTORNEY Telephone (516) 765-1800 TOWN OF SOUTHOLD INTER-OFFICE MEMORANDUM FROM THE TOWN ATTORNEY'S OFFICE TO: Town Board Planning Board FROM: Matthew G. Kiernan. Assistant Town Attorney !y DATE: June 3, 1991 RE: Eleanor Sievernich v. Town of Southold and Planning Board Annexed hereto, please find a copy of Judge Geiler's decision with regard to the above-referenced matter. As you can see, Judge Geiler dismissed Ms. Sievernich's petition because the Planning Board did not act arbitrarily. We are currently in the process of preparing a judgment for Judge Geiler to sign and will advise you when same is signed and filed. Should you have any questions, please feel free to contact me. 4 12 4i MEMORANDUM SUPREME COURT, SUFFOLK: COUNTY TRIAL TERM PART 16 In the Matter of the Application of, ELEANOR SIEVERNICH, BY: GEILER J.S.C. Petitioner, -against- DATED: rAQ ; c 1991 TOWN OF SOUTHOLD, TOWN OF SOUTHOLD PLANNING BOARD, INDEX NO.: 91-6897 Respondent. CDISPSJ ANTHONY SALVATORE, P.C. HARVEY A. ARNOFF, ESQ. Attorney for Petitioner Attorney for Respondent 45 Route 25A 53095 Main Road, Box 1179 East Setauket, NY 11733 Southold, NY 11971 In this Article 78 proceeding, petitioner demands a judgment reversing and annulling the March 6, 1990 determination of the respondent Planning Board of the Town of Southold which denied further review of the petitioner's application for minor subdivision approval until petitioner obtained area variances reducing the lot area minimum required by the zoning ordinance. Petitioner also seeks a judgment in the nature of mandamus to compel the respondent Planning Board to grant approval to the petitioner's proposed subdivision. For the reasons set forth below the petition is dismissed. Petitioner is the owner of a 3.76 acre parcel of real property located on Cox Neck Road, Mattituck, New York. The premises are located in a district zoned R-80, which requires, among other things, minimum lot areas of 80,000 square feet. In 1989, petitioner decided to subdivide her parcel into two lots, comprised of the following lot areas: Lot #1 with 80,323 square feet and Lot #2 with 83,673 square feet. By letter dated March 6, 1991, the Chairman of the respondent Planning Board advised petitioner's attorney that further review of the petitioner's minor subdivision by the Planning Board was precluded as follows: PAGE 2 SIEVERNICH V. SOUTHOLD INDEX NO. 91-6897 The Planning Board has reviewed the maps dated February 8, 1991, which were revised to show the upland and wetland area of each proposed lot. The subject parcel is located in a R-80 District, requiring a minimum of 80,000 square feet per lot. As per Section 100-239 of the Town Zoning Code, hind under water is not included when computing minimum lot area. A copy of Section 100-239 is enclosed for your convenience. When the wetland area is excluded from your client's proposed subdivision, each lot has a lot area less than the required 80,000 square feet. The Planning Board cannot proceed with review of this subdivision unless your client applies for, and receives, an area variance from the Zoning Board of Appeals. A disapproval from the Building Department for a building permit will be requirdd before your client can appear before the Zoning Board of Appeals. Please indicate, in writing, before April 2, 1991, how your client intends to proceed. 'If you have any questions regarding the above, please contact this office. Section 100-239 of the Zoning Ordinance of the Town of Southold, upon which the Planning Board's denial of further review of petitioner's application was based, provides as follows: § 1.00-239. Land underwater, filled land. Streams, ponds, tidal marshes and portions of Long Island Sound and its various bays and estuaries, lying within the boundaries of the Town of Southold, whether or not so indicated on the PAGE 3 SIEVERNICH V. SOUTHOLD INDEX NO. 91-6897 Zoning Map as being in a particular use district, shall be considered as being in the most-restricted use district abutting thereon, and such zoning classification shall continue in force regardless of any filling or draining of such lands. Nothing herein contained shall be construed to permit the filling or dredging of such land. For the purpose of computing density for the development of any lot or lots, no land under water, unless filled pursuant to law, shall be included in computing the minimum lot area for each dwelling unit permitted under the appropriate zoning district in which the property lies. The Planning Board's application. of such ordinance reduced the buildable lot area of Lot #1 from 80,322 square feet to 74,568 square feet, and, Lot #2 from 83,673 square feet to 79,449 square feet. Petitioner then commenced this Article 78 proceeding to annul the March 6, 1991 determination of the respondent Planning Board and to compel the Board to grant approval to petitioner's minor subdivision application. Petitioner claims that the Planning Board's interpretation of § 100-239 to include all wetland areas existent upon her property was erroneous and improper and constituted an arbitrary, capricious and erroneous application of the ordinance. Municipal authorities have no inherent power to enact or enforce zoning or land use regulations, but instead exercise such authority solely by legislative act (Kamhi v Planning Bd of Yorktown, 59 NY2d 385, 465 NYS2d 865 [1983]). Accordingly, each local board or agency involved with the zoning and planning process may not exceed the bounds of the power specifically delegated to it (Moriarity v Planning Bd of the Village of Sloatsburg, 119 AD2d 188, 506 NYS2d 184 [1986]). Zoning boards of appeals of villages and towns are vested with authority to hear appeals of decisions of administrative officials and have original jurisdiction to grant variances from the requirements of the zoning ordinances (Village Law §7-712; Town Law §267). As a corollary to the authority to both grant variances and to review determinations of the enforcement official, a zoning board of appeals has the primary jurisdiction of interpreting the applicable zoning ordinance (Marx v Zoning Bd of Appeals of the Village of Mill Neck, 137 AD2d 333, 529 NYS2d 330, [1988]; Moriarity v Planning Bd of the Village of Sloatsburg, 119 AD2d 188, 506 NYS2d 184 [1986], supra; Thurman v Holahan, 123 AD2d 687, 507 NYS2d 52 [1986]). Thus, it has been consistently held that a planning board may not deny approval of a site plan upon the grounds that a proposed use is in violation of the zoning ordinance as the power to interpret the provisions of PAGE 4 SIEVERNICH V. SOUTHOLD INDEX NO. 91-6897 the local zoning ordinance is vested in the zoning board of appeals (Mialto Really, Inc. v Town of Patterson, 112 AD2d 371, 491 NYS2d 825 [1985]; Rattner v Planning Comm. of Village of Pleasantville, 103 AD2d 826, 478 NYS2d 63 [1984]; Thurman v Holahan, 123 AD2d 687, 507 NYS2d 52 [1986], supra). It follows from the foregoing, that a planning board may not deny subdivision approval upon the grounds that the plots on the plat do not comply with the requirements of the zoning ordinance, where such denial is predicated upon the planning board's interpretation of a particular provision of the ordinance because the zoning board of appeals - not the planning board - is vested with the authority to interpret the provisions of the zoning ordinance. It must be emphasized that not every determination by a plammng board which proposed plots on the plat do not conform to the zoning ordinance involves an interpretation of such ordinance. Minimum requirements for lot areas, lot depths and width, etc., ordinarily involve the simple, non-discretionary application of such requirements to the lots on the proposed subdivision to ascertain their conformity with the zoning ordinance. Thus, a planning board may deny plat approval because the plots do not conform to the zoning ordinance where such nonconformity is apparent from the simple application of requirements of any provision of the ordinance: to the plots on the plat (See, Town Law §277(1); Cf., Village Law §7-730). Alternatively, the planning board may approve the plat with modifications which would bring the plots on the plat into conformity with the zoning ordinance or condition approval upon the applicant's procurement of a variance or other favorable ruling from the zoning board of appeals (Town Law §267; Village Law §7-728). However, a planning board is without authority to deny plat approval upon the grounds that the plots on the plat do not conform to the zoning ordinance where its determination is predicated upon its interpretation of any of the provisions of the zoning ordinance. To hold otherwise and authorize a planning board to interpret the zoning ordinance in connection with subdivision applications, while recognizing the authority of the zoning board of appeals to otherwise interpret the zoning ordinance, would not only violate existing law but would destroy the separation of powers between the two boards (see, Marx v Zoning Board of Appeals, 137 AD2d 333, 529 NYS2d 330, [1988], supra) and possibly subject the same provisions of the zoning ordinance to different interpretations. Here, the respondent Planning Board advised petitioner's counsel that the petitioner should seek relief from the Zoning Board of Appeals with respect to the minimum lot areas required by the zoning ordinance before the Planning Board undertook further review of the petitioner's application. The fact that the Planning Board concluded that the petitioner's property required variances from the minimum lot area requirements by reason of the Planning Board's interpretation of §100-329 of the zoning ordinance is of no consequence. For the Zoning Board of Appeals is alone empowered to interpret the provisions of the zoning ordinance and to determine whether or not a variance therefrom is required. Thus, the March 6, 1991 determination of the respondent Planning Board, which advised petitioner that approval of her proposed subdivision was impossible without the petitioner's procurement of relief (by variance or otherwise) from the Zoning Board of Appeals, did not constitute an abuse of discretion and was not arbitrary, capricious or illegal. Accord- ingly, petitioner's demand for judgment annulling the March 6, 1991 determination of the respondent board is denied. PAGE 5 SIEVERNICH V. SOUTHOLD INDEX NO. 91-6897 Likewise denied is petitioner's demand for judgment in the nature of mandamus to compel the respondent to approve petitioner's proposed subdivision. Mandamus is a drastic remedy and is only appropriate to compel the performance of a duty commanded by law (Hampton's Hospital & Medical Center, 52 NY2d 88, 436 NYS2d 239 [19811). It is only appropriate when the act sought to be compelled is ministerial in nature and involves no exercise of discretion (Savastano v Prevost, 66 NY2d 47, 405 NYS2d 6 [1985]). Since the determination of petitioner's subdivision application is a matter which rests in the discretion of the Planning Board, it is not the proper subject of a proceeding in the nature of mandamus to compel (Young v Town of Huntington, 121 AD2d 643, 503 NYS2d 657 [1986]). In view of the foregoing, the petition is dismissed. Settle judgment. J. S. C. 1 i! y n I~ r 9 3 1 1 ? r PLANNING BOARD MEMBERS 'y SCOTT L_ HARRIS 1 Supervisor Bennett Orlowski, Jr., Chairman - George Ritchie Latham, Jr. g Town Hall, 53095 Main Road Richard G. Ward P.O. Box II79 Mark S. McDonald Southold, New York 11971 Kenneth L. Edwards PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 May 14, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor subdivision for Eleanor Sievernich sCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on. Monday, May 13, 1991: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing is being held open due to an Article 78 proceeding instituted by the applicant. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr.S Chairman PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman av~ "'i) Supervisor George Ritchie Latham, Jr. '~1~~ , Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 April 23, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, April 22, 1991: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing is being held open due to an Article 78 proceeding instituted by the applicant. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, JrS Chairman PLANNING BOARD MEMBERS ^ SCOTT L. HARRIS U E i° 1 Supervisor Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr.~~ "L Town Hall, 53095 Main Road Richard G. Ward P.O. Box 1179 Mark S. McDonald Southold, New York 11971 Kenneth L. Edwards PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 April 5, 1991 Anthony Salvatore: Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, April 1, 1991: The final public hearing, which was opened on October 2, 1991, was again kept open. Although the Planning Board had not received a written response indicating how your client intended to proceed, the hearing was kept open. The Planning Board had requested, in their March 6, 1991 correspondence, that this response be submitted prior to the time of the hearing. Please contact this office if you have any questions regarding the above. Very truly yo'urrss,, Bennett Orlowski, Jr. -~"5 Chairman ~ f i At a Special Term Part II of the Supreme Court held in and for the County of Suffolk at Riverhead, New York on the day of 1991 P R E S E N T Hon. t'"~lw'~y pra pqr k r Justice - - - - - - - - - - - - - - - - - - - - X In the Matter of the Application of ELEANOR SIEVERNICH, Petitioner, ORDER TO SHOW CAUSE -against- TOWN OF SOUTHOLD, TOWN OF SOUTHOLD 9T? PLANNING BOARD, Respondents. - - - - - - - - - - - - - - - - - - - - X UPON the annexed Petition of ELEANOR SIEVERNICH, the Petitioner herein duly verified the k day of April, 1991, the affidavit of ANTHONY SALVATORE, sworn to the .,914J day of April, 1991, and the exhibits annexed thereto, LET the respondents show cause at a Special Term Part ti A /-D II of this Court to be held on the /5 day of April, 1991, at 9:30 o'clock in the forenoon of that day or as soon thereafter as counsel can be heard at the courthouse located at Griffing Avenue, Riverhead., New York, why an Order pursuant to CPLR Article 78 should not be granted to: a) Annul the determination of the Respondent Planning Board to exclude the "wetlands" area from the petitioner's lot area in reference to her application for a minor subdivision of her property. PLANNING BOARD 0 18 APRIIO, 1991 C Mr. Orlowski: Any other questions or comments for the Board? Mr. Anthony Salvatore: Eleanor Sievernich, I understand the Board has held it open. I would like to submit this letter to the Board in regard to the problems that have been raised. The subdivision was submitted January 11, 1989 and am I correct in that the ordinance 100-239 was adopted after that on February 22, 1989? That's land under water for computation of lot size. Mr. Orlowski: I'1.1 have to look that up. Mr. Salvatore: The letter that was dated March 6, 1991 from this Board indicated that excluding the wetlands from the lot sizes rendered them undersized and that we should go to the Zoning Board of Appeals. I would like to point out that the case of Miller and Guildithat was decided by Judge Underwood said that the Planning Board could not exclude wetlands from the computation of lot sizes. I believe that this application was submitted prior to the adoption of that ordinance in any event. Mr. Orlowski: The Miller andGuildi case is still in litigation so I can't base anything on that. Mr. Salvatore: Well, until a higher court overrules it that is the law of the case. Mr. Orlowski: That is true a higher court may overrule that. Mr. Salvatore: Well, I'm not saying it won't but I think this Board is constrained to act under the existing law. Ms. Scopaz: I just want to point out that when the Town Board enacted the law, any active application before the Planning Board would have to be considered under the new law. There was no grandfather provision for applications that were made just prior to the enactment of it. That they would continue to be processed under the old law. There was no provision made for that. The Planning Board was specifically directed to review everything in accordance with the new law. Mr. Salvatore: Well, I'm not here to argue law but what I did want to say was number one that I thought the application was submitted prior to the enactment of that subdivision. And number two, that subdivision mentions nothing about wetlands. That subdivision specifically refers to land under water and filled land, it doesn't say anything about excluding wetlands from the computation of lot size. It says under water land and filled land. The land that we're dealing with is all above the mean high water mark so none of it could be under water. Mr. Orlowski: Do you have an application with the Zoning Board right now? a ~ ~ Su~3Gi~ LAW OFFICES ANTHONY SALVATOREt P.C. & HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A EAST SETAURET, N.Y. 11733 FAX TELEPHONE March 27, 1991 15161 941-4788 15161 941-4411 Bennett Orlowski, Jr., Chairman planning Board Office Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Eleanor Sievernich Minor subdivision SCTM# 1099-113--8-5 Dear Mr. Chairman: Granting this subdivision will not have any adverse effect upon the surrounding area. The subdivision permits only two residential dwellings and would be in conformance with the existing neighborhood. It will not diminish the value of the surrounding houses nor does it cause additional traffic or provide any significant impact on the schools. This parcel, prior to the up-zoning, was capable of having three dwellings constructed thereon. We now seek to have it divided so that only two dwellings will be constructed on the parcel. So far as we can determine, no other improved parcel in the surrounding area has as much land as each of these two parcels will have after the division. We believe that granting this minor subdivision would be beneficial to the Town and to the surrounding area because of the cost of the land mandating the construction of more expensive houses. This will bring more tax revenue to the local school district and other political subdivisions such as the fire department, highway department, etc., all without any significant burden on them. New roads will not be required and, statistically, the impact of two houses instead of one will not adversely impact upon the schools or other tax supported services. The proposed subdivision has received Suffolk County Health Department approval and the necessary covenants and restrictions have been recorded for the subdivision and the Health Department requirements. While these two parcels have had Health Department covenants imposed on them, none of the surrounding parcels that obtain their drinking water from the same source have those restrictions. ANTHONY 6ALVATORM,P. C. Bennett Orlowski, Jr., Chairman ATTORNEY AT LAW Planning Board Office Town of Southold March 27, 1991 Page 2 Prior to the applicant arriving at this juncture, this Board notified all of the required agencies of this proposed subdivision. These agencies saw no detrimental or adverse affect of such a division either on the ground water, wetlands or the environment. A letter dated October 16, 1989, stating that fact, was delivered to the applicant. As to the Planning Board's requirement that the "wetlands" must be excluded in computing the lot area, we believe the Board is referring to Sec. 190-239 of the Town of Southold ordinances as the basis for excluding the area delineated as wetlands on the Young and Young map. A reading of that section does not reveal the use of the words "wetlands". As can be seen from the map, Mrs. Sievernich's property goes to the Mean High Water Mark. Therefore, all the land above that mark is not underwater. While it may be called wetlands because of the plants and flora found thereon, that delineated land is not underwater. The language of the ordinance specifically states that land under water shall be excluded from lot area computation. Here, the land below the mean high water mark is the land underwater, not the area marked as wetlands on the map. The report of Bruce Anderson to the Board of Trustees dated November 18, 1990, suggests the placement of hay bales on the area he delineated as wetlands. Surely anyone must agree that he would not request that hay bales were to be placed on underwater land. 'Recommendations, Par.2) Finally,. the Planning Board's attention is drawn to a recent case decided by Justice Underwood of the Supreme Court on July 1, 1990, in the matter of Miller vs. Southold Town, wherein the Judge directed the Planning Board not to exclude wetlands from the calculations of lot sizes. Therefore, the owner, Eleanor Sievernich, submits that the proposed subdivision does comply with the zoning ordinances, each parcel having 80,090 square feet, and she urges that the subdivision be approved and granted. Res ctfully submitted, ?~y` ANTHONY SA ATORE AS/msh PLANNING BOARD MEMBERS t$ '~T SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 March 6, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The Planning Board has reviewed the maps dated February 8, 1991, which were revised to show the upland and wetland area of each proposed lot. The subject parcel is located in a R-80 District, requiring a minimum of 80,000 square feet per lot. As per Section 100-239 of the Town Zoning Code, land under water is not included when computing minimum lot area. A copy of Section 100-239 is enclosed for your convenience. When the wetland area is excluded from your client's proposed subdivision, each lot has a lot area less than the required 80,000 square feet. The Planning Board can not proceed with review of this subdivision unless your client applies for, and receives, an area variance from the Zoning Board of Appeals. A disapproval from the Building Department for a building permit will be required before your client can appear before the Zoning Board of Appeals. Please indicate, in writing, before April 2, 1991, how your. client intends to :proceed. If you have any questions regarding the above, please contact this office. Very truly yours, ~-1~ Bennett Orlowski, Jr./nS Chairman enc. CC: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector § 100-238 SOUTHOLD E § 100-239.1 occupancy be issued with respe to the use and occupancy of such buildings and/or premises u ss and until all such required systems and facilities have been nstructed and are in proper operating condition and have bee approved by all agencies having jurisdiction thereof. § 100-239. Land under water, filled land. C Streams, ponds, tidal marshes and portions of Long Island Sound and its various bays and estuaries, lying within the boundaries of the Town of Southold, whether or not so indicated on the Zoning Map as being in a particular use district, shall be considered as being in the most-restricted use district abutting thereon, and such zoning classification shall continue in force regardless of any filling or draining of such lands. Nothing herein contained shall be construed to permit the filling or dredging of such land. For the purpose of computing density for the development of any lot or lots, no land under water, unless filled pursuant to law, shall be included in computing the minimum lot area for each dwelling unit permitted under the appropriate zoning district in which the property lies. § 100-239.1. Excavations. No excavation of any kind shall be mrtted except in connection with the construction in the same of of a building for which a building permit has been duly i ed. In the event that a building operation is arrested prior to mpletion and the building permit therefor is allowed to lapse, within six (6) months after the date of expiration of such permik the premises shall be cleared of any rubbish or other unsiphily accumulations, and topsoil shall be replaced over all area's from which such soil may have been removed. Any excavation for a basement or foundation with a depth greater than three (3) feet below grade shall be either filled or surrounded by a substantial fence adequate to deny children access to the area and adequately maintained by the holder of the permit. 10138 2-25-x9 ~,~`rClf~~y PLANNING BOARD MEMBERS F SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. 7 Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards Southold, New York 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 March 12, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, March 12, 1991: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until April 1, 1991, prior to which date the Planning Board must receive written response from you, to their March 6, 1991, correspondence. A determination whether to continue holding the hearing open will be made at the Planning Board's April 1, 1991 meeting. Please note that the Planning Board's meeting date has been changed from April 2nd to April 1st. Therefore, the letter that the Planning Board previously requested must be submitted by April 1, 1991,rather than April 2nd. Please contact this office if you have any questions regarding the above. Very truly yours, rIl/Le~~ Z Lt i Bennett Orlowski, Jr. Chairman ~1i15 G~ PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward - 1 ' Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 March 6, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The Planning Board has reviewed the maps dated February 8, 1991, which were revised to show the upland and wetland area of each proposed lot. The subject parcel is located in a R-80 District, requiring a minimum of 80,000 square feet per lot. As per Section 100-239 of the Town Zoning Code, land under water is not included when computing minimum lot area. A copy of Section 100-239 is enclosed for your convenience. When the wetland area is excluded from your client's proposed subdivision, each lot has a lot area less than the required 80,000 square feet. The Planning Board can not proceed with review of this subdivision unless your client applies for, and receives, an area variance from the Zoning Board of Appeals. A disapproval from the Building Department for a building permit will be required before your client can appear before the Zoning Board of Appeals. Please indicate, in writing, before April 2, 1991, how your, client intends to proceed. If you have any questions regarding the above, please contact this office. Very truly yours, Bennett Orlowski, Jr As Chairman enc. CC: Gerard P. Goehringer, Chairman, Zoning Board of Appeals Victor Lessard, Principal Building Inspector LE- LAW OFFICES S4-Re ANTHONY SALVATORE, P.C. ?I/15 HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A EAST SETAUKET, N.Y. 11733 TELEPHONE February FAX 15161 941-4411 y 26+ 1991 15161 541-4766 Planning Board Office Town of Southold P.O. Box 1179 Southold, NY 11971 Att: Melissa Spiro Re: Eleanor Sievernich SCTM# 1000-113-8-5 Dear Ms. Spiro: Pursuant to our telephone conversation this date, enclosed are five (5) copies of map of the Sievernich property delineating the wetlands as requested. Very truly yours, ANTHONY SA VATORE AS/msh Enclosures - 5 FEB 2 8 1991 PLANNING BOARD MEMBERS r=, SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward 1 t~ Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 February 26, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-5-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, February 25, 1991: The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board receives revised maps delineating the upland and wetland area of each lot. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ~S Chairman 0 0 LAW OFFICES ANTHONY SALVATORE, P.C. Scr L~ HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A EAST SETAUKET, N.Y. 11733 TELEPHONE February 8, 1991 FAX 15181 941.4411 15181 941-4788 Planning Board Office Town of Southold P.O. Box 1179 Southold, NY 11971 Att: Bennett Orlowski, Jr. Chairman Re: Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Orlowski: The undersigned has received your letter dated January 18, 1991, and has ordered the surveyors, Young and Young, to mark and calculate the wetland areas on the map as well as locating the flags placed by Mr. Anderson thereon. Mr. Wol.pert has informed me that the field work has been completed. We should be able to supply the Planning Board with appropriately marked maps shortly. We are also proceeding with obtaining cost estimates from qualified persons to put the haybales in place, as per Mr. Anderson's suggestion, and for the removal of branches, tree limbs and cut brush from the sloped portion of the site. As you know, the covenant and restrictions filed on this minor subdivision are quite comprehensive and an amendment thereof requires a public hearing. Please advise which recommendations you deem necessary to covenant. Very truly yours, /X~- ANTHONY SALVATORE As/msh ~ 121991 CC: Eleanor Sievernich . ' vl eK z PLANNING BOARD MEMBERS ° rn SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 February 5, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, February 4, 1991. The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board receives your written response to the report from the Board of Trustees. This report was sent to you on January 18, 1991. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. W5 Chairman PLANNING BOARD MEMBERS ty, SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman - _ ,r Supervisor George Ritchie Latham, Jr. ~n W Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 February 1, 1991 Daniel C. Ross Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Eleanor Sievernich SCTM#1000-113-8-5 Dear Mr. Ross: As per your letter of January 30, 1991, please find a copy of the Board of Trustees' report. Mr. Salvatore has not responded to this letter in writing as of this date. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. ya6<« LAW OFFICES WICKHAM, WICKHAM & BRESSLER. P.c. MAIN ROAD, P.O. BOX 1424 WILLIAM WICKHAM MATTITUCK, LONG ISLAND NEW YORK 11952 MORTGAGE OFFICE ERIC J. BRESSLER ABIGAIL A. WICKHAM 516-298-5300 516-298-8353 TELEFAX NO. 516-298-2012 DANIEL C. ROSS 1U1RENJ.HAGEN TELEFAX NO. 516-298-8565 HUBERT F. SULLIVAN JOSEPH C. SAVINO January 30, 1991 Southold Town Planning Board Southold Town Hall Southold, N.Y. 11971 Attention: Ms. Melissa Spiro Re: Application of Eleanor Sievernich SCTM No. 1000/113/8/5 Dear Ms. Spiro: As you know we represent the applicant's neighbors, the Sidorowicz, in opposition to the application. As I understand it the Board is still waiting for a response from the Trustees with respect to issues raised at the hearing. I want to reiterate my request made at the October 2, 1990 hearing, that before the record is closed I be given an opportunity to review and if necessary to respond to information submitted subsequent to my presentation on October 2, 1990. ery ul o C. Ro DCR:vm cc: Anthony Salvatore, Esq. PLANNING BOARD MEMBERS t i ^ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Half, 53095 Main Roa, Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 January 18, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: Enclosed is a report from the Board of Trustees and a report from their environmental consultant, Bruce Anderson. As noted in recommendation Number 6 of Mr. Anderson's report, flags were placed to mark the location of wetlands on the property. The Planning Board would like these wetland flags to be delineated on the survey. In addition, the upland and wetland area of each lot must be calculated and stated on the map. The Planning Board may require that the other recommendations in Mr. Anderson's report be incorporated into covenants and restrictions before it grants final approval for the subdivision. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman 'm5 enc. cc: John M. Bredemeyer III, President, Board of Trustees TRUSTEESi l;~a a SCOTT L. HARRIS > John M. Bredemeyer, Ill, President p :x'>• Supervisor Henry P. Smith, Vice President Albert J. Krupski, Jr.}r~ Town Hall, 53095 Main Road John L. Bednoski, Jr. P.O. Box 1179 John B. Tuthill BOARD OF TOWN TRUSTEES Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO: Planning Board FROM: Board of Trustees RE: Minor Subdivision of Sievernich SCTM #1000-113-8-5 DATE: December 27, 1990 The following action was taken at the Board of Trustees regular meeting on Thursday, December 20, 1990: RESOLVED that the Southold Town Board of Trustees acceptsthe report of Bruce Anderson dated November 18, 1990 with the addition that there shall be no conventional turf areas on creek side of dwellings and all run off from roofs, driveways, and hard surfaces must be contained in drywells. If you have any questions, please do not hesitate to contact this office. cc: CAC Bruce Anderson ~.'4 Bruce Anderson Environmental Consultant November 18, 1990 John Bredemeyer, President r Southold Board of Trustees Town Hall " - Southold, NY 11971 Re:Minor Subdivision - Sievernich SCTM#1000-113-8-5 - Dear Mr. Bredemeyer, Attached is a natural resources inventory and site reviaw of the above referenced subdivision. Sincerely, Bruce Anderson 475 Rambler Road, Southold, NY 11971 (516) 765-4071 3.:,", _ .....r.t .•.i+ww.e...+teifd:Y.~in:.?y.i ..Bruce Anderson Environmental Consultant Natural Resources Inventory and Analysis Project: Minor Subdivision - Eleneanor Sievernich Location: Town of Southold ;iituate at Mattituck Howard's Branch of Mattituck Creek SCTM# 1000-113-8-5 Description: Subject parcel contains approximately 3.8 acres and extends from Cox's Neck Road to the shoreline of Howard's Branch of Mattituck Creek. Wetlands associated with Mattituck Creek are tidal. Wetland vegetation consists of primarily, phragmites with narrow and interupted patches of spartina alterniflora. The upland area is forested and its overstory is dominated by beech, oak and scattered cedar. Steep slopes extend roughly one hundred feet from the edge of the wetlands. The following species were identified in the wetland portion of the site: Marsh cordgrass Spartina alterniflora Common reed Phragmites Communis Groundsel bush Baccharis Halimnifolia The folowing species were identified in the upland portion of the site: Red oak Quercus rubrum Black oak Quercus velutina Red cedar Juniperus virginiana White cedar Chamaecyparis thyoides Beech Fagus grandifolia Gray birch Betula populifolia Black cherry Prunus serotina Pignut hickory Carya glabra Japanese maple Common greenbrier Smilax rotundifolia Glauc.os greenbrier Smilax glauca St Pe.terswort Ascyrum stans Poison ivy Rhus radicans Black berry Rubus allegheniensis European honeysuckle Lonicera xylosteum Japanese honeysuckle Lonicera japonica The construction of a large dwelling on lot 2 was nearly completed at the time of the field inspection. 475 Rambler Road, Southold, NY 11971 (516) 765-4071 Subject dwelling appeared to be located within the building envelope for lot 2 as depicted on the survey prepared by Young and Young and last amended July 10, 1990. The construction of said dwelling appears to be set back greater than 75 feet from the upland edge of tidal wetlands and is clearly above the 10 foot topographical contour. One of the most striking feature of this parcel is the steep slope which is found adjacent to the upland edge of the tidal wetlands. The slope for the most part is stabilized by large mature beech, red oak and cedar. The development of lot 2 has resulted in the clearing of many of these trees particularly in the upper reaches of the slope. No erosion or siltation preventative measures are in place so that locally severe erosion and siltation is occurring. For the most part:, trees which had recently been cleared have been cut and much of the branches and brush have been deposited within the steepest portion of the slope. In addition, a number of dead cedar and recently toppled beech trees were found in and around the slope and the existing dwelling. Recommendations 1-The existence of the newly constructed dwelling on lot 2 of the proposed subdivision renders recommendations as to the design layout impractical. 2-There is an immediate and urgent need to provide for control of erosion and siltation which is presently occurring. Because of the steep slopes involved it is recommmended that both haybales and silt fence be erected along the 26 foot, topographical contour. The haybales should be firmly staked into the ground. 3-The clearing which has occurred on subject parcel is not regarded as a. wetland violation because several dead cedar and storm damaged and recently toppled trees were observed not only on the slope but the throughout the property. Nevertheless, the disapearence of the trees particularly within the slope of the property may lead to more persistent and long term erosion. The owner of the residence should be appraised of this condition and it is recommended that the digenous vegetation including beech, red and white cedear and red oak be planted within the sloping areas fronting the creek. Such planting may provide for the long term stabilization of the slope thereby 475 Rambler Road, Southold, NY 11971 (516) 765-4071 protecting the dwelling at a lesser cost than constructing formal retention walls and the like. 4-The clearing around the eastern front of the house should be landscaped with vegetation having reduced fertilizer requirements. If lawns are to be planted, low maintenace turfs such as the commercially available fescue varieties are recommended. The application of fertilizer and pesticides within the sloping area has the potential of causing an impact to the surface waters of Mattituck Creek via overland runoff. 5-All branches tree limbs, cut wood and brush should be removed from areas adjacent to the wetlands and on the steep sloped portions of the site. Their removal should be done by hand. Under no circumstances should heavy equipment be used within the sleep sloped areas. 6-Six labelled flags were placed in the upper marsh portion of the wetland. While subject wetland is small in size, the Trustees may require that it be formally delineated on the survey for purposes of historical documentation. 475 Rambler Road, Southold, NY 11971 (516) 765-4071 ~BGc ~ LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. M5 cu MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE ERIC J. BRESSLER NEW YORK 11952 516-296-5300 ABIGAIL A_WICKHAM 516.296-6353 TELEFAX NO. 516-296-2012 DANIEL C. R055 TELEFAX NO. 516-298-6565 KAREN J. HAGEN HUBERT F. SULLIVAN JOSEPH C. SAVINO January 30, 1991 Southold Town. Planning Board Southold Town. Hall Southold, N.Y. 11971 Attention: Ms. Melissa Spiro Re: Application of Eleanor Sievernich SCTM No. 1000/113/8/5 Dear Ms. Spiro: As you know we represent the applicant's neighbors, the Sidorowicz, in opposition to the application. As I understand it the Board is still waiting for a response from the Trustees with.respect to issues raised at the hearing. I want to reiterate my request made at the October 2, 1990 hearing, that before the record is closed I be given an opportunity to review and if necessary to respond to information submitted subsequent to my presentation on October 2, 1990. crMRoC. DCR :vm cc: Anthony Salvatore, Esq. ~ ~ 191 PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman eY I Supervisor George Ritchie Latham, Jr. y -_a Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 January 18, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: Enclosed is a report from the Board of Trustees and a report from their environmental consultant, Bruce Anderson. As noted in recommendation Number 6 of Mr. Anderson's report, flags were placed to mark the location of wetlands on the property. The Planning Board would like these wetland flags to be delineated on the survey. In addition, the upland and wetland area of each lot must be calculated and stated on the map. The Planning Board may require that the other recommendations in Mr. Anderson's report be incorporated into covenants and restrictions before it grants final approval for the subdivision. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. IA Chairman5 enc. cc: John M. Bredemeyer III, President, Board of Trustees SU.b~iG E TRUSTEES i . > I7 ~ SCOTT L. HARRIS John M. Bredemeyer, III, President Supervisor Henry P. Smith, Vice President Albert J. Krupski, Jr. Town Hall, 53095 Main Road John L. Bednoski, Jr. P.O. Box 1179 John B. Tuthill BOARD OF TOWN TRUSTEES Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO: Planning Board FROM: Board of Trustees RE: Minor Subdivision of Sievernich SCTM ##1000-113-8-5 DATE: December 27, 1990 The following action was taken at the Board of Trustees regular meeting on Thursday, December 20, 1990: RESOLVED that the Southold Town Board of Trustees acceptsthe report of Bruce Anderson dated November 18, 1990 with the addition that there shall be no conventional turf areas on creek side of dwellings and all run off from roofs, driveways, and hard surfaces must be contained in drywells. If you have any questions, please do not hesitate to contact this office. cc: CAC Bruce Anderson Bruce Anderson Environmental Consultant November 18, 1990 John Bredemeyer, President Southold Board of Trustees Town Hall Southold, NY 11971 E;. ~r L Re:Minor Subdivision - Sievernich SCTM#1000-113-8-5 - - " Dear Mr. Bredemeyer, Attached is a natural resources inventory and site reviaw of the above referenced subdivision. Sincerely, Bruce7!derson 475 Rambler Road, Southold, NY 11971 (516) 765-4071 Bruce Anderson. Environmental Consultant Natural Resources Inventory and Analysis Project: Minor Subdivision - Eleneanor Sievernich Location: Town of Southold Situate at Mattituck Howard's Branch of Mattituck Creek SCTM# 1000-113-8-5 Description: Subject parcel contains approximately 3.8 acres and extends from Cox's Neck Road to the shoreline of Howard's Branch of Mattituck Creek. Wetlands associated with Mattituck Creek are tidal. Wetland vegetation consists of primarily phragmites with narrow and interupted patches of spartina alterniflora. The upland area is forested and its overstor:y is dominated by beech, oak and scattered cedar. Steep slopes extend roughly one hundred feet from the edge of the wetlands. The following species were identified in the wetland portion of the site: Marsh cordgrass Spartina alterniflora Common reed Phragmites Communis Groundsel bush Baccharis Halimnifolia The folowing species were identified in the upland portion of the site: Red oak Quercus rubrum Black oak Quercus velutina Red cedar Juniperus virginiana White cedar Chamaecyparis thyoides Beech Fagus grandifolia Gray birch Betula populifolia Black: cherry Prunus serotina Pignut hickory Carya glabra Japanese maple Common greenbrier Smilax rotundifolia Glaucos greenbrier Smilax glauca St Peterswort Ascyrum stans Poison ivy Rhus radicans Black berry Rubus allegheniensis European honeysuckle Lonicera xylosteum Japanese honeysuckle Lonicera japonica The construction of a large dwelling on lot 2 was nearly completed at the time of the field inspection. 47,5 Rambler Road, Southold, NY 11971 (516) 765-4071 Subject dwelling appeared to be located within the building envelope for lot 2 as depicted on the survey prepared by Young and Young and last amended July 10, 1990. The construction of said dwelling appears to be set back greater than 75 feet from the upland edge of tidal wetlands and is clearly above the 10 foot topographical contour. One of the most striking feature of this parcel is the steep slope which is found adjacent to the upland edge of the tidal wetlands. The slope for the most part is stabilized by large mature beech, red oak and cedar. The development of lot 2 has resulted in the clearing of many of these trees particularly in the upper reaches of the slope. No erosion or siltation preventative measures are in place so that locally severe erosion and siltation is occurring. For the most part, trees which had recently been cleared have been cut and much of the branches and brush have been deposited within the steepest portion of the slope. In addition, a number of dead cedar and recently toppled beech trees were found in and around the slope and the existing dwelling. Recommendations 1-The existence of the newly constructed dwelling on lot 2 of the proposed subdivision renders recommendations as to the design layout impractical. 2-There is an immediate and urgent need to provide for control of erosion and siltation which is presently occurring. Because of the steep slopes involved it is recommmended that both haybales and silt fence be erected along the 26 foot topographical contour. The haybales should be firmly staked into the ground. 3-The clearing which has occurred on subject parcel is not regarded as a wetland violation because several dead cedar and storm damaged and recently toppled trees were observed not only on the slope but the throughout the property. Nevertheless, the disapearence of the trees particularly within the slope of the property may lead to more persistent and long term erosion. The owner of the residence should be appraised of this condition and it is recommended that the digenous vegetation including beech, red and white cedear and red oak be planted within the sloping areas fronting the creek. Such planting may provide for the long term stabilization of the slope thereby 475 Rambler Road, Southold, NY 11971 (516) 765-4071 protecting the dwelling at a lesser cost than constructing formal retention walls and the like. 4-The clearing around the eastern front of the house should be landscaped with vegetation having reduced fertilizer requirements. If lawns are to be planted, low maintenace turfs such as the commercially available fescue varieties are recommended. The application of fertilizer and pesticides within the sloping area has the potential of causing an impact to the surface waters of Mattituck Creek via overland runoff. 5-All branches tree limbs, cut wood and brush should be removed from areas adjacent to the wetlands and on the steep sloped portions of the site. Their removal should be done by hand. Under no circumstances should heavy equipment be used within the sleep sloped areas. 6-Six labelled flags were placed in the upper marsh portion of the wetland. While subject wetland is small in size, the Trustees may require that it be formally delineated on the survey for purposes of historical documentation. 475 Rambler Road, Southold, NY 11971 (516) 765-4071 e,- . _u.+M~ w:WI\!elfw 1w:.:a>rw+rvsO 4i~1J PLANNING BOARD MEMBERS u an : SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. f Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 January 15, 1991 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, January 14, 1991. The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until the Planning Board reviews the report from the Board of Trustees and the comments which were brought up at the October 2, 1990 and October 22, 1990 public meetings, with the Town Attorney. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. mts Chairman • ` suc~,~ic c h~o~OSpFFO[~~oG~ S o COD x SCOTT L. HARRIS TRUSTEES John M. Bredemeyer, III, President Supervisor Henry P. Smith, Vice President , Jr. Town Hall, 53095 Main Road Albert J. Krupski P.O John L. Bednoski,Jr. P.O. Box 11k 971 John B. Tuthill BOARD OF TOWN TRUSTEES Southold, 6) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO: Planning Board FROM: Board of Trustees RE: Minor Subdivision of Sievernich SCTM #1000-113-8-5 DATE: December: 27, 1990 The following action was taken at the Board of Trustees regular meeting on Thursday, December 20, 1990: RESOLVED that the Southold Town Board of Trustees acceptsthe report of Bruce Anderson dated November 18, 1990 with the addition that there shall be no conventional turf areas on creek side of dwellings and all run off from roofs, driveways, and hard surfaces must: be contained in drywells. If you have any questions, please do not hesitate to contact this office. cc: CAC Bruce Anderson Bruce Anderson Environmental Consultant November 18, 1990 John Bredemeyer, President Southold Board of Trustees Town Hall Southold, NY 11971 4i 4 L I Re:Minor Subdivision - Sievernich b s(,";= SCTMr#1000-113-8-5 Dear Mr. Bredemeyer, Attached is a natural resources inventory and site reviaw of the above referenced subdivision. Sincerely, Bruce Anderson 475 Rambler Road, Southold, NY 11971 (516) 765-4071 Bruce Anderson Environmental Consultant Natural Resources Inventory and Analysis Project: Minor Subdivision - Eleneanor Sievernich Location: Town of Southold Situate at Mattituck Howard's Branch of Mattituck Creek SCTM# 1000-113-8-5 Description: Subject parcel contains approximately 3.8 acres and extends from Cox's Neck Road to the shoreline of Howard's Branch of Mattituck Creek. Wetlands associated with Mattituc.k Creek are tidal. Wetland vegetation consists of primarily phragmites with narrow and interupted patches of spartina a.lterniflora. The upland area is forested and its overstory, is dominated by beech, oak and scattered cedar. Steep slopes extend roughly one hundred feet from the edge of the wetlands. The following species were identified in the wetland portion of the site: Marsh cordgrass Spartina alterniflora Common reed Phragmites Communis Groundsel bush Baccharis Halimnifolia The folowing species were identified in the upland portion of the site: Red oak Quercus rubrum Black oak Quercus velutina Red cedar Juniperus virginiana White cedar Chamaecyparis thyoides Beech Fagus grandifolia Gray birch Betula populifolia Black cherry Prunus serotina Pignut hickory Carya glabra Japanese maple Common greenbrier Smilax rotundifolia Glaucos greenbrier Smilax glauca St Peterswort Ascyrum stans Poison ivy Rhus radicans Black berry Rubus allegheniensis European honeysuckle Lonicera xylosteum Japanese honeysuckle Lonicera japonica The construction of a large dwelling on lot 2 was nearly completed at the time of the field inspection. 475 Rambler Road, Southold, NY 11971 (516) 765-4071 Subject dwelling appeared to be located within the building envelope for lot 2 as depicted on the survey prepared by Young and Young and last amended July 10, 1990. The construction of said dwelling appears to be set back greater than 75 feet from the upland edge of tidal wetlands and is clearly above the 10 foot topographical contour. One of the most striking feature of this parcel is the steep slope which is found adjacent to the upland edge of the tidal wetlands. The slope for the most part is stabilized by large mature beech, red oak and cedar. The development of lot 2 has resulted in the clearing of many of these trees particularly in the upper reaches of the slope. No erosion or siltation preventative measures are in place so that locally severe erosion and siltation is occurring. For the most part, trees which had recently been cleared have been cut and much of the branches and brush have been deposited within the steepest portion of the slope. In addition, a number of dead cedar and recently toppled beech trees were found :in and around the slope and the existing dwelling. Recommendations 1-The existence of the newly constructed dwelling on lot 2 of the proposed subdivision renders recommendations as to the design layout impractical. 2-There is an immediate and urgent need to provide for control of erosion and siltation which is presently occurring. Because of the steep slopes involved it is recommmended that both haybales and silt fence be erected along the 26 foot topographical contour. The haybales should be firmly staked into the ground. 3-The clearing which has occurred on subject parcel is not regarded as a wetland violation because several dead cedar and storm damaged and recently toppled trees were observed not only on the slope but the throughout the property. Nevertheless, the disapearence of the trees particularly within the slope of the property may lead to more persistent and long term erosion. The owner of the residence should be appraised of this condition and it is recommended that the digenous vegetation including beech, red and white cedear and red oak be planted within the sloping areas fronting the creek. Such planting may provide for the long term stabilization of the slope thereby 475 Rambler Road, Southold, NY 11971 (516) 765-4071 protecting the dwelling at a lesser cost than constructing formal retention walls and the like. 4-The clearing around the eastern front of the house should be landscaped with vegetation having reduced fertilizer requirements. If lawns are to be planted, low maintenace turfs such as the commercially available fescue varieties are recommended. The application of fertilizer and pesticides within the sloping area has the potential of causing an impact to the surface waters of Mattituck Creek via overland runoff. 5-All branches tree limbs, cut wood and brush should be removed from areas adjacent to the wetlands and on the steep sloped portions of the site. Their removal should be done by hand. Under no circumstances should heavy equipment be used within the sleep sloped areas. 6-Six labelled flags were placed in the upper marsh portion of the wetland. While subject wetland is small in size, the Trustees may require that it be formally delineated on the survey for purposes of historical documentation. 475 Rambler Road, Southold, NY 11971 (516) 765-4071 PLANNING BOARD MEMBERS rn SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward fj~ Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OFDC~rD 18, 1990 Fax (516) 765-1823 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, December 17, 1990. The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until: 1. The Planning Board receives a report from The Board of Trustees as to the delineation of any wetlands on the property. 2. The Planning Board reviews the comments which were brought up at the October 2, 1990 and October 22, 1990 meetings. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ~s Chairman w. V RR PLANNING BOARD MEMBERS o!r r~T SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman + Supervisor George Ritchie Latham, Jr. ~jo t~ Richard G. Ward 1 ' 'f Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD y OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OFXodVe111b0 P 4, 1990 Fax (516) 765-1823 Anthony Salvatore Hillside Professional center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM# 1000-113-5-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, December 3, 1990. The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until: 1. The Planning Board receives a report from The Board of Trustees as to the delineation of any wetlands on the property. 2. The Planning Board reviews the comments which were brought up at the October 2, 1990 and October 22, 1990 meetings. Please contact this office if you have any questions regarding the above. Very truly yo~urrs,, ~~ZI14U~r Bennett Orlowski, Jr. 145 Chairman F m PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman rUx Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 November 14, 1990 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM#1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Tuesday, November 13, 1990. The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until: 1. The Planning Board receives a report from The Board of Trustees as to the delineation of any wetlands on the property. 2. The Planning Board reviews the comments which were brought up at the October 2, 1990 and October 22, 1990 meetings. Please contact this office if you have any questions regarding the above. Verruours, Bennett Orlowski, Jr. /M 5 Chairman iYCe Sidorowicz farNyr(y Charles no%v 3 ' 536-08 y~ MfDOaIONDO A r V /O(MIO rYU Mf ~2~.1? aDDL.M I eWMN . µD / IRA. rp a.<c xv ~ N.57°32'17"E. A s ~S \ vRt AyMALT •es ° tP R v `bR q uu AD aRYR•Af • ULm T,(LE r~aiial rte' _ ,yam (a AA y u 3+ t} C_ 493AT, Nra a \ ..L - D>wN~ ~i u/ R[•"P•DPUMa DL DD DM 1 m a N` EokN o M - a . V « ! Area • 3.617[ Acres Eli LLJ 0 ~ 3 Z 3 b n 'b f op F + to 'M ~ "Y}II n o h L• i O~ TIN y~ M k 2 "ai \.n Q U ` ~0 w 34'00 W. G7L!! ] s ` NACIMf F!'PM FLIP uefllLO/ L!e[ . I 4A/E E"JTADL/DL1ED OY MOAL FMJND ~C?VV. .)S Eay,r'- ;,i uTKLnw 299.91 302.14 Berl 7 ~6 rwa HR- pTa/n . INA 3 ro to .690.19' . X17/ I~, S.62°43'47"W (aLi-!.'m'.a LM.n') ~7 7 ; Q S _s now or formerly Eliezer A. a Miriam Bella Framkin °a ~0,43~ i REVISIONS YOUNG 6 YOUNG 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK HEALTH DEPARTME HT-DATA FJR APPROWL IO CONSTRUCT 'I ALDEN W. YOUNG HOWARD W. YOUNG ..(A.Ul Han. "vx_.,-a10 E OF RATE., 1PH.T[_wRLKe ~ .Irwl.iiroMAL [NOIw[(IL LNO L.iNO.vWI.OI( ' • 31i1 CO. LAE xAi p1Et 1YII! SELI~OY 11A. aLOC..Sa_ LOT J u P aV"vEYO.. N.YJ. LI K..R Y> HY •mua uc x0 pREUixGa R x .0. aE* w n„i SEO.E°r. OTHER r... r.OSE •HO.. xE.EO., SURVEY FOR: R THE RATE. w1111 A.. ac..GC mIUHO n 113rt. row r.H .EV OEHCa iw.msrER Rrnns OR ii•na. ro .,I CO.EORM TO THE STi.OARDS OF THE SurrOLE c0v"T.pEPAATMExr TM' OFHCl'x TETI. V T.( w".iT .ou1NR W'in'"x ELEANOR SIEVERNICN pt or N° SCiV1cC4 HER (TATE iplrArw SS ~a A).uu.r + ADataa m,[• r T.M..Y W .•T r.RN O,I,EAO M! Io *t rr L.r eR.ETV • mf rr OR # Z T. Pl.p..i. iE.L a...L HOT RE COMPOLAER ?EL. - n RE • TAIr TRR art AT UA ANY MATTITUCK ' ./..A.nr nm. •LML r L NOR NIDN # NOTE= N• MONUMENY FOUND aaT roTrNR•OY FOR ww T.[ TOWN OF I ..TET u TRE(.o. wr OR .N r.AV SOUTHOLD HRRC 0LORHII1 Tp~E~OOTL r 4p .NO..~R`TO M1. °~Ri'.. 0' THE SUFFOLK CO., N. Y. by LLR•RA ianTVTwR......+HO3 ..E f MC LOCJON10I xELL1.I. SLAIC TI '.ISII.CLSYOOLfIV191"Mrl .(ECG. HOT .YGAY[ TO.opTM..L ARE(RO.n(LD ODUwrm"a.TO,.I OATR onAlwc0 TAO. OTHERa. ~.RnTUr".R OR a"rmTOw•RR suLC: Ix=6O' DATU JUNE 11,1987 7- 8 -PLANNING BOARD • 2 OCTOBER 2990 located at the southeast side of Fox Avenue on Fishers Island; and WHEREAS, this minor subdivision, to be known as Elizabeth F. McCance Minor Subdivision, is for four lots on 4.739 acres; and WHEREAS, a variance for insufficient area was granted by the Zoning Board of Appeals on September 21, 1989, with a condition that the kitchen be taken out of the accessory cottage in lot three, and it only be used for sleeping quarters; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on March 5, 1990; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on October 2, 1990; and WHEREAS, all the requirements of the Subdivision regulations of the Town of Southold have been met; and now therefore, be it • RESOLVED that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated May 21, 1990. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps.) Mr. Orlowski: O.K., next order of business at 7:35 p.m is the public hearing of Eleanor Sievernich - This minor subdivision if for two lots on 3.7648 acres located on the east side of Cox Neck Lane in Mattituck. SCTM # 1000-113-8-5. We have proof of publication in the local papers and at this time everything is in order for a final hearing. I'll ask if there are any objections to this subdivision? Mr. Dan Ross: For Mr. & Mrs. Sidorowicz, next door neighbors • to the lot in question. Opposition is based on insufficient footage, square footage of the lot in question to subdivide. I would first like to hand up a previous survey done by Young and 'NLANNING BOARD •3 OCTOBER 2, 90 Young showing the lot as 3.6171 acres. I sketched my calculations with respect to that the square footage for the two lots on the side and it seems that on at least the old survey there is not enough square footage. Now, if that survey is compared to the survey that is before the board, there will be different lines I believe the northern, strike that I mean, the southern line in the survey that is before the board on this application is changed from the survey that is before the board that I just handed up. I would suggest that to investigate this is to ask for a title report with respect to this property to see exactly what the applicant owns in terms of the title to the property. The second opposition is based on slopes on the property. Under Section 100-13, of the Zoning Code and particularly the definition of buildable land, the net area of a lot or parcel after deducting wetland streams, ponds, slopes over 150 , under water land etc.. It seems as though there are sloping areas over 15%. I don't believe the maps before the board have set out how much square footage this is. It has come to our attention that in the past the board has requested applicants to exclude areas of greater than 15% slope for yield purposes and I would like to hand up a June 11, 1990 correspondence from the board requesting that with respect to a different subdivision. Along these same lines, I don't believe the wetlands area is delineated on the maps before the board. I don't know, it's waterfront property and it shows the high water mark. Wetlands is defined in the code I believe in terms of vegetation and I think it is possible at least that there are areas shown on the map that are both at the high water mark but are wetlands none the less and that might be looked into. The third area of contention is property to the north bordering Mr. & Mrs. Sidorowitz's property. There is a dispute going on with respect to title along those lines and I would just like to hand up the pleadings with respect to that suit and to make it part of the record in terms of whether they have true property is a question also., That is the basis of our opposition. I understand that the hearing is going to be held open at the request of the attorney for the applicant. I would just like to be notified before the hearing is closed so I have a chance to review anything that is submitted after tonight. Would that be possible? Mr. Orlowski: Yes, no problem. Mr. Ross: Thank you. Mr. Orlowski: Any other objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this subdivision that may be of interest to the board? Hearing none, any questions from the board? Board: No questions. .,,'*PLANNING BOARD • 4 OCTOBER 26 990 Mr. Orlowski: O.K. this is all new and interesting information and we will have to review it. I'll entertain a motion to keep the hearing open. Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Ward, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Martin Sidor, Jr. - This proposal is to set off a 16.786 acre :parcel from an existing 33.57 acre parcel located on the west side of Locust Avenue and the south side of Main Road in Mattituck. SCTM #1000-115-7-13. We have proof of publication in both local papers and at this time everything is in order for a final hearing. I'll ask if there are any objections to this final hearing? Hearing none, are there any ® endorsements of this subdivision? Mr. Cuddy: Mr. Chairman, members of the board, I'm the attorney for the applicant. I would like to just simple point out that this is farmland and will remain farmland and I would ask the board to approve it. Mr. Orlowski: O.K.., any other endorsements of this subdivision? Hearing none, any questions from the board? Board: No questions. Mr. Orlowski: Being there are no further questions, I will declare this hearing closed. Does the board have any pleasure? Mr. Ward: Mr. Chairman, I would like to offer the following resolution. WHEREAS, Martin Sidor and Stella S. Radford are the owners of the property known and designated as SCTM # 1000-115-7-13, located at the west side of Locust Avenue, south side of Main Road (S.R. 25), north side of New Suffolk Avenue in Mattituck; and WHEREAS, this set-off, to be known as set-off for Martin Sidor, Jr., is for a set-off of 16.786 acres from a parcel of ® 33.573 acres; and . ~ ~oS~FFOIKCOG y PLANNING BOARD MEMBERS r~ ZT SCOTT L. HARRIS cft Bennett Orlowski, Jr., Chairman VO O~ Supervisor George Ritchie Latham. Jr. a Richard G. Ward Town Hall. 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING OARD OFFICE Southold. New York 11971 Telephone (516) 765-1938 TO F SOUTHOLD Fax (516) 765-1823 June 11, 1990 Henry Raynor 320 Love Lane Mattituck, New York 952 RE: Proposed Subdivision for Heather Hills SCTM# 1000-122-5-4 Dear Mr. Ra or. The Planning Board reviewed the Yield map dated May 1, 1990. Prior to making a determination on the yield for the parcel, the Planning Board needs the following information: 1. A report from the Conservation Advisory Committee (CAC), verifying that the map discussed in the March 14, 1990, Board of Trustees report, and the CAC report that was attached to that report, shows the same wetland delineation as the current Yield map. 2. Revised Yield maps showing the following: A. The area of the upland area for all lots containing wetland areas. B. The area of the upland area for all lots located on the bluff. C. The area of all lots excluding the areas where slopes exceed 15%. (Areas containing slopes exceeding 15% should be marked as such on the map.) D. Building envelopes for the lots adjacent to the Sound. The Planning Board sent the Yield map to the CAC on May 10, 1989 for verification of the wetland delineation. You will be not(i~fied when the Board receives their report. la IN- SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----------------------------------------X d ELEANOR SIEVERNICH, Plaintiff, VERIFIED ANSWER WITH COUNTERCLAIM -against- CHARLES SIDOROWICZ AND CHARLE J. SIDOROWICZ, I Defendant. ------------------------------------------X Defendants, by their attorneys Wickham, Wickham & Bressler, P.C., as and for their Answer to the Complaint states as follows: AS TO THE FIRST CAUSE OF ACTION 1. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph 111". I 2. Admits the allegations contained in paragraph 112". 3. Admits the allegations contained in paragraph 113". I j 4. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph 114" except denies that plaintiff is lawfully seized of an estate in fee simple in the real property described in paragraph 114" which the defendants own in part by reason of adverse possession and upon which in part: the defendants have a prescriptive easement. 5. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph 115". VDI?d (IC CIO D66 i ~ 6. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph 116" except admits defendants own certain premises described in Schedule A annexed hereto and incorporated herein and by reason of adverse possession defendants own and have a prescriptive easement with respect to certain premises to the southeast of the real property described in Schedule A. 7. Denies each and every allegation contained in paragraph "7" except admits the defendants are the owners of a concrete slab, and structure erected thereon, asphalt and stone driveways, which are located in part upon the real property described in paragraph 4 of the Complaint. 8.. Denies each and every allegation contained in paragraph 118" except admits the concrete slab, shed, driveways, fuel tanks and utility poles were erected without the consent of the plaintiff or her predecessors in title. 9. Denies each and every allegation contained in paragraph 11911. 10. Denies each and every allegation contained in paragraph 1110" except admits on or about October 16, 1978 defendants had a survey of their property prepared by Roderick Van Tuyl and defendants respectfully refer to the survey for the contents thereof. 11. Denies each and every allegation contained in paragraph "11" except admits the survey of October 16, 1978 was submitted to the Zoning Board of Appeal by defendants in 2 connection with defendants application for a variance to construct a detached garage. I 12. Admits the allegations contained paragraph 1112". I 13. Denies each and every allegation contained in paragraph 111:311. 14. Denies each and every allegation contained in paragraph 111411. 15. Denies each and every allegation contained in paragraph 1115" except admits that the plaintiff has notified the defendants and each of them that the concrete slab, shed, driveways, fuel tanks and structures encroach upon plaintiff's property and the defendants have not removed the concrete slab and driveway after such notice. 16. Denies each and every allegation contained in paragraph 1116" except admits defendants' use and possession of the premises has been continuous. AS TO THE SECOND CAUSE OF ACTION 17. Defendants repeat, reallege and reiterate each and every response set forth herein to the allegations set forth in paragraphs 111" through 1116". 18. Denies each and every allegation contained in paragraph 1118". 19. Denies each and every allegation contained in paragraph 3 i 20. Denies each and every allegation contained in I. paragraph 1120". AS TO THE THIRD CAUSE OF ACTION 21. Defendants repeat, reallege and reiterate each and every response set forth herein to the allegations set forth in i paragraphs "1" through 20. 22. Denies each and every allegation contained in paragraph 1122". 23. Denies each and every allegation contained in paragraph 1123". 24. Denies each and every allegation contained in paragraph 1124". 25. Denies each and every allegation contained in paragraph 1125". 26. Denies knowledge or information sufficient to form a belief as to the allegations contained in paragraph 1126". AS AND FOR A FIRST AFFIRMATIVE DEFENSE 27. That the allegations of the Complaint do not set forth a cause of action upon which relief can be granted. AS AND FOR A SECOND AFFIRMATIVE DEFENSE 28. That defendants and defendants' predecessors in title use and possession of the premises has ripened into title by adverse possession and an easement over and upon the premises so that plaintiff's asserted causes of action are barred by the statute of limitations. 4 I AS AND FOR A COUNTERCLAIM 29. Defendants and defendants' predecessors in title have used and exercised control over certain premises to the Southeast of the Southeastern boundary of the premises described in Schedule ,A which is hereinafter referred to as the "subject premises". 30. Defendants have exercised control over and used the subject premises which control and use was open, notorious, adverse, exclusive, uninterrupted and continuous for more than ten years. 31. Defendants and defendants' predecessors in title have exercised control over and used the subject premises which control and use was open, notorious, adverse, exclusive, uninterrupted and continuous for more than fifteen years. 32. Defendants and defendants' predecessors in title have improved the subject premises by having built thereon a stone and asphalt driveway, a concrete slab, and have cultivated, maintained and improved the subject premises. 33. By reason of the foregoing, defendants are fee title owners of a portion of the subject premises by reason of adverse possession and have an easement for the use of a portion of the subject premises. WHEREFORE, defendants demand judgment against plaintiff: 1. Dismissing plaintiff's Complaint; 5 2. Declaring defendants the owners in fee of the subject premises; 3. Declaring defendants have an easement to use the subject premises; 4. Awarding defendants such other and further relief as to the Court may seem just and proper. Dated: Mattituck, New York WICKHAM, WICKHAM & BRESSLER, P.C. Attorneys for Defendants Main Road - P.O. Box 1424 Mattituck, New York 11952 sidor-75 6 SCHEDULE A -t0"tom PARCEL I ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, DIST. lying and beingMxk& at Mattituck, Town of Southold, County of Suffolk and iState of New York, bounded and described as follows: i BEGINNING at a concrete monument set on the easterly side of Cox's Neck Road at the northwesterly corner of the premises herein described ScC. adjoining land of Mrowicki; running thence along said land of Mrowicki, North 58 degrees 30 minutes 30 seconds East 471.0 feet to a concrete monument and continu- I ing thence in the same direction to mean high water mark of Mattituck LI I I Creek; 0 C K thence along the mean high water mark of Mattituck Creek on a tie lin (South 53 degrees 33 minutes 10 seconds East 67.57 feet to land now or O~ formerly of John Kenny; thence along said land now or formerly of John Kenny South 56 degrees 156 minutes 30 seconds West to a concrete monument and continuing on the LOT I same direction along said land now or formerly of John Kenny 519.0 feet to a concrete monument on the easterly side of Cox Neck Road; '.Pfa' I thence along the easterly side of Cox's Neck Road North 15 degrees pp`/,c 13 minutes West: 80 feet to the concrete monument and place of BEGINNING -PARCEL TI I ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and Stat: of New York, bounded and described as follows: BEGINNING at a concrete monument set on the easterly side of Cox's rte. Neck Road at the southwesterly corner of the premises about to be con- veyed to the party of the second part; ~Dag7d running thence along said land about to be conveyed to the party of the second part North 56 degrees 56 minutes 30 seconds East 519.0 feet through a concrete monument and continuing along said land to mean high ^~water mark of Mattituck Creek; running thence along the mean high water mark of Mattituck Creek 6' ;more or less, to a point in a southeasterly direction to the land now !or formerly of John Kenny; running thence along land now or formerly of John Kenny South 57 de- grees 42 minutes West 532.00 feet, more or less, to a concrete monument and the point or place of BEGINNING. STATE OF NEW YORK) )ss.. COUNTY OF SUFFOLK) CHARLES SIDOROWICZ, being duly sworn, deposes and says: That he is the defendant in the above entitled action; that he has read the foregoing ANSWER WITH COUNTERCLAIM and knows the contents thereof; that the same is true to his knowledge except as to the matters therein stated to be alleged upon information and belief, and that as to those matters he believes them to be true. 1 CHARLES SIDOROWICZ 719 xn to befo~me ,this th clay o Oct 1989. otary Public NoMM~00NOW1YA 0p &gkw ip a31. Itii. 71 SUPRE"I? COURT OF THE STATE OF NEW YORK COUNT! OF SDFFOLK X ELEA.N:F SIEVERNICH, plaintiff, Index no. -against- VERIFIED REPLY 'PO COUNTERCLAIM CHAR-.; SIOOROV!ICZ and CHAR--.;. J. SIDOROWICZ, Defendants. P!aintif'.f, ELEANOR SIEVERNICH, by her °at:tc:rney, ANTHONY SAL'. 1.PoFE, -.C., as and for her verified reply to the cour.:erclaim o'_ defendants, Charles S:idOrow_~-2 and Charle Sido >.a-c-, alleges as follows: Denies each and every alleoat..on contained in the parsl:'aphs the answer numbered "27", "2B", "29", 1130", "31", "32" sate 3°. AS AND FOR A FIRST AFFIRMATIVE DEFENSE ^.'he defendants' counterclaim fails to stare a cause of a:tion. 1 WHEREFORE, plaintiff demands judgment dismissins counterclaim contained in defendants' answer, together with and disbursements of the above entitled action, and d- judgment as demanded in the complaint. w Dated: November 13, 1989, ANTHONY SALVATORE, P.C. Attorney for Plaintiff Hillside Professional Center 45 Route 25A E. Setauket, NY 11733 (516) 941-4411 vs°> a Y 1 C 199-Summons without Notice, Supreme Court. 9•11 COPYRIGHT 1971 OT JULIU9 BLUMBERG, INC.. LAW BLANK PUBLISNERE Personal Service. 80 ESCHANGE PLACE AT BROADWAY. NEW YORK ftprruw Kinurt of i#r ftar of Pllt Vork (COUItt1J Of SUFFOLK Index No. Plaintiff designates ELEANOR SIEVERNICH, Suffolk County as the place of trial The basis of the venue is Plaintiff Defendants' residence is against in Suffolk County CHARLES SIDOROWICZ and `Ountum s CHARLE J. SIDOROWICZ, Plaintiff resides at 25 Cinderella Lane East Setauket, NY 11733 Defendants Countyof Suffolk To the above named Defendant Vmt ttre 4rreh!J ,51111IMUMd to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff's Attorney(s) within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of vour failure to appear or answer, judg- ment will be taken against you by default for the relief demanded in the complaint. Dated, July 19, 1989 Defendant's address: ANTHONY SALVATORE, P. C. Cox' s Neck Road Attorney(s) for Plaintiff Mattituck, NY 11952 Post Office Address Hillside Professional Ctr. 45 Route 25A East Setauket, NY 11733 Tel. (516) 941-4411 SUPREME COURT OF THE 37ATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------------------X ELEANOR SIEVERNICH, Plaintiff, Index no. -against- VERIFIED COMPLAINT CHARLES SIDOROWICZ and CHARLE J. SIDOROWICZ, Defendants. ---------------------------------------X Plaintiff, by her attorney, ANTHONY SALVATORE, P.C., complaining of the defendants alleges as follows: 1. That at all times hereinafter mentioned, the plaintiff was and still is a resident of the County of Suffolk and State of New York. 2. That upon information and belief, at all times hereinafter mentioned, the defendants were and still are residents of the County of Suffolk and State of New York. 3. That this action is in part an action for the removal of encroaching structures pursuant to Sec. 871 of the Real Property Actions and Proceedings Law of the State of New York. 4. That the plaintiff is now and has been since July 1 M ! 31, 1979, lawfully seized of an estate in fee simple in and to the real property described as follows: ALL that plot, piece or parcel of land, with the buildings and improvements thereon erected, situate lying and being at Mattituck, Town of Southold, Suffolk County, State of Newyork, bounded and described as follows: BEGINNING at a point on the Easterly side of Cox 's Lane at the Northwest corner of premises herein described adjoining land of the Estate of Charles E. Hamilton; running thence north 57 degrees 42 minutes East 532 feet to a gutter; running thence in a Southeasterly direction along said gutter to other land of the Estate of Charles E. Hamilton; thence running South 63 degrees 36 minutes West 636 feet to the East side of Cox's Lane; running thence North 15 degrees 13 minutes West 240 feet along the East side of Cox' s Lane to the point or place of BEGINNING. 5. That the source of plaintiff's title is by deed of conveyance from Whilelmine J. Schiffers recorded in the Suffolk County Clerk's office at Liber 8680 page 584. 6. Upon information and belief, the defendant's own and are in possession of the premises situated directly to the northwest of plaintiff's premises described in paragraph 4th herein. 7. Upon information and belief, the defendants and each of them are the owners of a certain concrete slab, and shed erected thereon, asphalt and stone driveways, fuel tanks and 2 utility poles, all of which encroach and rest in whole or in part upon the premises owned by the plaintiff as described in paragraph 4th herein. 8. That the aforementioned concrete slab, shed, driveways, fuel tanks and utility poles have been erected in whole or in part upon the premises owned by the plaintiff without the consent of the plaintiff or her predecessors in title. 9. That the defendants have no right, title or interest in or to the plaintiff's premises which are encroached upon and which are described in paragraph 4th herein, and the plaintiff is entitled to the immediate possession thereof. 10. That upon information and belief, the defendants in or about October 16, 1978, had a survey of their property prepared by one Roderick van Tuyl. That said survey showed encroachments by the concrete slab, shed and driveways onto plaintiff's property. 11. That upon information and belief, the defendants obliterated and changed the survey of their property to make it appear that the above mentioned encroachments did not exist on plaintiff's property. That, upon information and belief, the aforesaid survey was submitted to the Zoning Board of Appeals by defendants in connection with their application for a variance to construct a detached garage. 3 s 12. The Zoning Board of Appeals, relying on the aforesaid survey, granted a variance to the defendants which provided that the garage "be constructed not closer than three feet to the east. side yard line." 13. That upon information and belief, the defendants, in violation of the specific language of the variance constructed the shed over the said east property line and on plaintiff's property. 14. That by reason of the encroaching concrete slab, shed, driveways, fuel tanks and structures owned by the defendants, plaintiff has been and will in the future be deprived of the full use and enjoyment of the premises owned by the plaintiff, and the plaintiff has suffered and will continue to suffer damages thereby, that plaintiff's property is thereby and will in the future be rendered less valuable, and may prevent the plaintiff from dividing her land into two (2) parcels. 15. That the plaintiff has notified the defendants and each of them that the said concrete slab, shed, driveways, fuel tanks and structures encroach upon plaintiff's property and the defendants have failed to remove the same after such notice. 16. That the injuries complained of are consistent and continuous and unless abated the plaintiff will suffer 4 irreparable injury, which _n=ury will be continuous and for which the plaintiff has no adecuaze remedy at law. AS AND FOR A SECOND CAUSE OF ACTION 17. Plaintiff repeats, reiterates and realleges each and every allegation contained in the paragraphs of the complaint numbered 1 through 16 with the same force and effect as if same were set forth at length herein. 18. That upon information and belief, to clear a parking area for certain of defendants' vehicles, the defendants, their agents, employees and/or servants, wrongfully and unlawfully entered upon the lands and premises of the plaintiff and did, without any leave or permission whatsoever from the plaintiff, to cut down, chop and despoil trees of various species and size belonging to the plaintiff. 19. That by reason of the wrongful and unlawful acts of the defendants as aforesaid, the plaintiff has sustained damages in that by reason of said trees being cut, the appearance and attractiveness of her lands and premises have been materially altered and reduced, and the value of said premises has been greatly lessened. 5 20. That the defendants, by reason of their wrongful and unlawful acts, and by virtue of Section 861 of the Real Property Actions and Proceedings Law of the State of New York, forfeited and become liable to pay to plaintiff treble the amount of her damages. AS AND FOR A THIRD CAUSE OF ACTION 21. Plaintiff repeats, reiterates and realleges each and every allegation contained in the paragraphs of the complaint numbered 1 through 20 with the same force and effect as if same were set forth at length herein. 22. That upon information and belief, several years ago the defendants erected, established and have ever since continued to maintain and operate two large fuel tanks in whole or in part on the plaintiff's premises. 23. That upon information and belief, these fuel tanks contain flammable and explosive liquids and create a fire hazard, a danger of explosion, a health hazard and a danger to ground water. 24. That in consequence of the foregoing, the defendants have maintained and still do maintain on the plaintiff's premises, a nuisance which is injurious to and 6 interferes with the ccmforz, use and enjoyment by the plaintiff of her real property. 25. That defendants conduct in erecting and maintaining the fuel tanks in whole or in part on the plaintiff's property was intentional and unreasonable or reckless or negligent. 26. That plaintiff has no adequate remedy at law. WHEREFORE, plaintiff demands judgment against the defendants as follows: (a) Upon the plaintiff's First Cause of action: (1) That the defendants and each of them be restrained by :injunction from maintaining or using the said concrete slab, shed, asphalt and stone driveways, fuel tanks and utility poles maintained by them upon plaintiff's real property; and (2) That the so much of the concrete slab, shed, asphalt and stone driveways and fuel tanks maintained by the defendants and encroaching upon plaintiff's real property be removed; and (3) That plaintiff have judgment for damages in an amount equal to the value of the parcel as a divisible plot and value as a single plot, and (b) Upon the plaintiff's Second Cause of action: 7 (1) For judgment against the defendants for the sum of $50,000 and treble damages amounting to the sum of $150,000; and (c) Upon the plaintiff's the Third Cause of action: (1) That the defendants be enjoined and perpetually restrained from and in any manner maintaining or continuing the nuisance of two fuel tanks upon the plaintiff's real property; and (2) That the plaintiff have a preliminary injunction requiring the removing of the said hazardous fuel with the same force and effect pending the determination of this action; and (3) That the two fuel tanks maintained by the defendants and encroaching on the plaintiff's real property be removed; and (d) That the plaintiff have such other and further relief as to the Court may seem just and proper, together with the costs and disbursements of this action. Dated: June 27, 1989 ANTHONY SALVATORE, P.C. Attorney for Plaintiff Hillside Professional Center 45 Route 25A E. Setauket, NY 11733 (516) 941-4411 8 PLANNING BOARD MEMBERS o B ` T SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 October 23, 1990 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich SCTM#1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, October 22, 1990. The final public hearing, which was opened on October 2, 1990, was again kept open. The hearing will remain open until: 1. The Planning Board receives a report from The Board of Trustees as to the delineation of any wetlands on the property. 2. The Planning Board reviews the comments which were brought 'up at the October 2, 1990 and October 22, 1990 meetings. Please contact this office if you have any questions regarding the above. Very truly yours 0:,, Bennett Orlowski, Jr. ~U Chairman • 1/ LAW OFFICES • ANTHONY SALVATORE, P.C. SuQ~~LC MS HILLSIDE PROFESSIONAL CENTER ~iG~n 45 ROUTE 25A le. EAST SETAUKET, N.Y. 11733 TELEPHONE October 10, 1990 FAX 15161 941.4411 15161 941.4788 Zoning Board of Appeals Town of Southold 5309 Main Road Southold, NY 11971 Att: Melissa Spiro 'Re: Sidorowicz variance Appeal #2753 125A Cox Neck Road Mattituck, NY Dear Ms. Spiro: I believe that the ZBA granted a side yard variance to construct a garage on the above property. My Client, Eleanor Sievernich, has reason to believe that the garage, as built, does not comply with the variance, but was built over the line and not three (3) feet inside of their line as required. We supplied a recent survey by Young & Young on behalf of Mrs. Sievernich's minor subdivision. The survey clearly shows the violation. Mr. Sidorowicz should be required to remove the garage to comply with the variance granted to him. While Mr. Sidorowicz is free to oppose the minor sub- division by Mrs. Sievernich, his complaint should not be heard while he is in violation of his own variance. Very truly yours, ANTHONY SALVATORE AS/msh CC: Eleanor Sievernich Daniel C. Ross, Esq. SCOTT L. HARRIS .PPEALS BOARD MEMBERS ) J a L; Supervisor ierard P. Goehringer, Chairman a Charles Grigonis, Jr.~[ Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 October 12, 1990 - Anthony Salvatore, P.C. Hillside Professional Center 45 Route 25A ~East Setauket, NY 11733 Re: Sidorowicz Appeal #2753 Minor Subdivision of Eleanor Sievernich Dear Mr. Salvatore: We are in receipt of your October 10, 1990 letter addressed to the Zoning Board of Appeals, to the Attention of Melissa Spiro (who is with the Planning Board office). In reading the contents of your letter, we are not sure as to the intent of same, and whether or not it is a complaint for enforcement or whether is is a letter for consideration by the Planning Board, or both. If this letter is intended to file a complaint as to a violation of Z.B.A. conditions imposed under the above appeal, the complaint should be addressed to the enforcement officer, in care of the Building Department, with copies to the Z.B.A. If your letter is intended to supplement the Planning Board re - d in the above pending minor subdivision application, then letter should be addressed to the Planning Board. Therefore we are returning your original herewith, furnishing a copy to Melissa Spiro of the Planning Board office for her information. Very truly yours, Enclosure Linda Kowalski cc: Planning Board Office Attention: Melissa Spiro V/ r Southold Town Board of Appeals -29- October 16, 1980 The Chairman announced that the next regular meeting of this Board will be November 20, 1980 prior to the unanimous vote to recess on Appeal No. 2751 - Harry J. Baglivi. PUBLIC HEARING: Appeal No. 2753. Application of Charles Sidorowicz, 125A Cox Neck Road, Mattituck, NY for a Variance to t e~i Zoning Ordinance, Article III, Section 100-32 for permission to construct garage in sideyard area. Location of property: 125A Cox Neck Road, Mattituck, NY; bounded northeast by Mattituck Creek; northwest by Mrowicki; southwest by Cox Neck Road; south- east by Sievernich.. County Tax Map Item No. 1000-113-8-4. The Chairman opened the hearing at 9:49 p.m. by reading the appeal application, showing notice of hearing and affi- davits attesting to its publication in the local and official newspapers, Notice of Disapproval from the Building Inspector, and letter from the Town Clerk that notification to adjoining property owners was made; fee paid $15.00. MR. CHAIRMAN: We have a survey and a county tax map showing the area of this property and all the adjoining properties. This is a tremendously ',long lot, off Cox Neck Road and goes all the • way down Mattituck Creek a distance of 471 feet on one side and 520 feet on the other. Is there anyone here to speak for this application? CHARLES SIDOROWICZ: I have nothing to add to the application. I will answer any questions. MR. CHAIRMAN: All right. Do any of you fellows have any questions? Bob? MEMBER DOUGLASS: I would say he should stay the three feet. MR. CHAIRMAN: Mr. Sidoriwcz, would there be any reason why you couldn't make that three feet instead of 2-1/2 feet, move it six inches towards the house? MR. SIDOROWICZ: Inside? Possibly. Yes. I don't see why not, I think that can be arranged. Right now there is an exist- ing foundation as you know. And it drops off to like a walkway. Possibly I could have that filled in and move it over six inches. If that's what you'd like. MR. CHAIRMAN: Well, it's narrow, and it would be pretty close, if somebody should come up with the same thing on the other lot then you would have, you know, there wouldn't be too much room for you there. It would be better if you'd have at . least three feet. MR. SIDOROWICZ: I think that can be arranged. MR. CHAIRMAN: Is there anyone to speak for this? Against? Then I'll make a motion this be approved with a three foot sideyard. Southold Town Board of Appeals -30- October 16, 1980 After investigation and personal inspection, the Board finds as follows: Appellant has appealed seeking a variance to re-construct detached garage at the southeast corner of the existing dwelling 2.5 feet from the side yard line at Cox's Neck Road, Mattituck. The premises in question contains an area of approxi- mately 41,500 square feet, fronting 80.0 feet on Cox's Neck Road, and existing are a split-level frame house with patio areas and detached floor slab. The rearyard area is minimal due to the bluff. The Board finds and determines that the relief requested in relation to the Code requirements is not substantial; that if the variance is granted no detriment to adjoining proper- ties will be created; that no adverse effect or change will be produced in the character of the neighborhood: that the circumstances herein are unique; and that the spirit of the zoning ordinance will be observed. On motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that Charles Sidorowicz, 125A Cox Neck Road, Mattituck. NY be granten a variance to the zoning ordinance, Article III, Section 1150-32 permitting the construction of a detached garaqe as applied for, provided that: (1) The existing floor slab be the area at which the detached garage is to be constructed; (2) The detached garage be constructed not closer than three feet to the east sideyard line. Location of property: 125A Cox Neck Road, Mattituck, NY: bounded northeast by Mattituck Creek; northwest by Mrowicki; southwest by Cox Neck Road; southeast by Sievernich; County Tax Map Item No. 1000-113-8-4. Vote of the Board: Ayes: Messrs. Grigonis, Doyen, Douq- lass, Goehringer and Sawicki. PUBLIC HEARING: Appeal No. 2754. Application of Thomas Yasso, 1055 Soundview Ave., Mattituck, NY for a Variance to t ee o Ordinance, Art. III, Sec. 100-31 for permission to construct addi- tion with an insufficient sideyard setback at 1055 Soundview Avenue, Mattituck; bounded north by L.I. Sound; west by Stritzler; south by Soundview Ave.; east by Mattituck Shores Associates; County Tax Map Item No. 1000-94-1-9. f ~$~~9r,UFFO(~'coGy MS TRUSTEES CO Z SCOTT L. HARRIS John M. Bredemeyer, III, President 0~.; Supervisor Henry P. Smith, Vice President f Town Hall, 53095 Main Road Albert J. Krupski, Jr. P.O. L. Bednoski, Jr. .O. Box I k 11971 John B. Tuthill Southold, New York BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 October 10, 1990 Bruce Anderson 475 Rambler Road Southold, NY 11971 RE: Minor Subdivision of Eleanor Sievernich referred by Planning Board. SCTM #1000-113-8-5 Dear Mr. Anderson: Enclosed please find the paper work on the above mentioned project for your review. We would appreciate your comments as soon as possible. Thank you. Sincerely, John M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: Planning Board V CAC OCT I 1 1990 i 1 PLANNING BOARD MEMBERS r _ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward f = s Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 TO: John Bredemeyer, III President Board of Trustees F- FROM: Bennett Orlowski, Jr. ~o 7 Chairman f ?"S ~ui OCT - 9 1 ' DATE: October 9, 1990 TOWN OF SOUTHOLD RE: Minor Subdivision Eleanor Sievernich SCTM# 1000-113-8-5 Enclosed please find a map dated July 10, 1990, for the above mentioned subdivision. Please indicate if wetlands are located on this property. This subdivision is in the final stages of the subdivision review process, thus a prompt response would be appreciated. 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HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. Richard G. Ward r3 t,+ Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 TO: John Bredemeyer, III President, Board of Trustees FROM: Bennett Orlowski, Jr. gobs Chairman DATE: October 9, 1990 RE: Minor Subdivision Eleanor Sievernich SCTM# 1000-113-8-5 Enclosed please find a map dated July 10, 1990, for the above mentioned subdivision. Please indicate if wetlands are located on this property. This subdivision is in the final stages of the subdivision review process, thus a prompt response would be appreciated. Thank you in advance for your assistance. Y G~ PLANNING BOARD MEMBERSy SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman '73", Supervisor George Ritchie Latham, Jr. .e " Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 October 3, 1990 Anthony Salvatore Hillside Professional Center 45 Route 25A East Setauket, New York 11733 RE: Eleanor Sievernich SCTM#1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Tuesday, October 2, 1990. The final public hearing, which was held at 7:35 p.m., was kept open as you requested. Please contact this office if you have any questions regarding the above. Very truly yours, o Ory` i Bennett Orlowski, Jr. Chairman E F.. LAW OFFICES ANTHONTY SA.LVATOR29 P.c HILLSI02 PROFESSIONAL CENTER 40 ROUTE 13A EAST SETA,UX=t N.Y. 11733 TELEPHONIC FAX (B1A1 941.4411 ISM 041-4788 J: ACS.L1-1 Z MANS'DaTIML COVM SEM'T DATE: TO: Me l~as~ _,~n1~a RE: SI"e.ye.rnl"e~ S~b~~IS~",}1,QH l~en.r____rx~_ /0"1-90 TOTAL mm n. OF 2-dG;:S (2r.cludi=s cover Sheet) ss~Ga: I s~c0.11 be K~Qb~ fo ~~ew -~ke~"1_ N b-e Fora. e I4MhcL-13 iQQ oti Qe_+, Z, 14 In rcFe.rtnt: S-o 4 &,12 o,,&- NAe,:'S4't u e- 1 , 0 4 c~.0.T.G C. O N Vc''Yi, ( u 1--..+ -o 4A a h p 4,v C-0 u .a g A" ' 4A- ~-e 2v ie_ ~Qnt bva+ ~_Fb lbws" LAW OFFICES AN SONY SAL'VATORE, P.C. HILLSIDE PROFESSIONAL CENTER 47 ROUTE 25A EAST SETA'UKET, N.Y. 11733 TELEPHONE FAX 15161041-4411 September 28, 1990 (518) 941-4780 Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Att: Melissa Spiro Re: Eleanor Sievernich SCTM # 1000-113-8-5 Sub-division Dear Ms. Spiro: As I advised you, I shall be unable to attend the hearing on October 2, 1990. Please re-schedule to a date convenient to the Board. Thank you for your courtesy. Very truly yours, ~A ANTHONY A~VATORE AS/0sYy'' / CC: Eleanor Sievernich ' LAW OFFICES ANTHONY SALVATORE, P.C.t~ HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A EAST SETAUKET, N.Y. 11733 TELEPHONE FAX (516) 941.4411 September 28, 1990 15161 941-4766 planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 Att: Melissa Spiro Re: Eleanor Sievernich SCTM # 1000-113-8-5 Sub-division Dear Ms. Spiro: As I advised you, I shall be unable to attend the hearing on October 2, 1990. Please re-schedule to a date convenient to the Board. Thank you for your courtesy. Very /truly yours, ~ ~CJc~u_Cce!9-t_1L. - ANTHONY ~VATORE AS/tLnsk~ CC: Eleanor Sievernich Copy sent by FAX NOTICE IS HERBBY'0 that Pursuant to Section 276 toIl Town Law, public STATE OF NEW YORK) held by tltc Southol, Town Plwsint )SS. Board, c own hall, Mun Road, Southold., I '{°rk in 1114 COUNTY OF SUFFOLK) Town on the 2nd day of October I990 on the question of the fellow. ing: t1(•rl IfL` P~uru R6l1 1 of MattRuck, In 7:30 p.m. Final approval of the minor subdivision of Elizabeth R said County, being duly sworn, says that he/she Is Principal McCancc located on Fishers Island Clark of THE SUFFOLK TIMES, a Weekly Newspaper, 'I the Town of Southold, County of f Suffolk and the State of New York. published at Mattltuek, in the Town of Southold, County of Suffolk County Tax Map Number. Suffolk and State of New York, and that the Notb® of which 1000-6-5-3,5,12. The pr~~ye is Road, bordered °n the the annexed is a printed copy, has been regularly published in north by "saline said Newspaper once each week for 1 weeks by lend now land formerly Of fom,crfy D. weber, by successively, commencing on the 20 day of of Stcphcn T. Iy of Kelsey, and land September tg 90 now or formcd of Marshall 1. Dodge; on the west by Fox Avenue. 7:35 Final approval of the minor subdivision of Eleanor Sicv- cmich at the Town of Southold, County of Suffolk and the State of tic, York. Suffolk County Tax Map Numbcr.1000-113-a-5. Principal Clerk The InopIrLy rd the J north by y land now O or formerly of Charles & Charle J. Sidorowic>.; °n ^ (yj the cast by Howard's Branch of Mattimck Crcck; on ttnc south by Sworn to before no this ~ n. R hoc Sf=fa land now or formerly of Llicecr A 1)n ^A~nJ~3 and Mlnein Bella Frumkm, on the day of tg M7 Jt~U r west by Cox Ncek l.tN ' 7:40 P m. Final approval to the fa Set off of Martin Sidor, Jr. luca¢d at the Town of Southold, County of Suffolk; and the State oC Ncw York. Suffolk County T MaP Number. 1000115-7-13. The ProPcny is bordered on the b north by Main Road; ea the cast y Locust Avenue; tin the south by Now Suffolk Avenue; on the west by lots alutuck Esmlcs, Suffolk M 23-30 0 3 and by lots 1-5 5 Co. Map No. 41 Suffolk Co. ward Manor, of East Mai) 5606. 1lm.l APProval of n lot 7:45 P m lint Change of M. Dickinson Burns located at t1,c Town of Southold. County of Suffolk and the State of New York. Suffolk County'I'ax Map Number. 1000-69-4-10.1, 102, 10.3. Oi, the proPcny is Iwrdcrcd tl nunhwcst by Middle Road{ 0'1 hc "oh"', by land now or funncrly of Stcphcn Doroski; on the southeast - by the Lal Island Rail Road; on the southwest by land now or fom,cdy of John Scpcnoski. Any person des"mg to Ix: heard , . on the above matter should appear at the time and Place specified. Sco lorynla, next Page ~y ~GY I.~Jaaa Continuod from provious pago Dated: September 14, 1990 BY'111Ii ORDER OF TI IE SOUTIIOLD TOWN PLANNING BOARD Bcnnctt Orlowski, Jr. C11AIRMAN rsn3-ITS20 COUNT Y OF SUFFOLK ss: SI A1Ii 01= NEW YORK LEGALS NOTICE Patricia Wood,' being duly sworn, says that she is the Notice of Public Hearing Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, NOTICE IS HEREBY GIVEN that pursuant to Section a public newspaper printed at Southold, in Suffolk County; 276 of the Town Law, a public and that the notice of which the annexed is a printed copy, hearing will be held by the 11,1. hcen pull1 shed in said Long Island l7nvClCr-WatChnrin Southold Town Planning Board, / at the Town Hall, Main Road, once each week for weeks Southold, New York in said Town on the 2nd day of October d 1990 on the question of the successively, commencing on the . following: 7:30 p.m. Final approval of day o 19 i the minor subdivision of Eliza- . beth R McCance located on Fishers Island at the Tbwn of - - - Southold, County of Suffolk and the State of New York. Suf- folk County Tax Map Number 1000-6-5-3,5,12. The property is bordered on the north by Cottage Road; on Sworn to before me this day of the south by land now or - formerly of Pauline D. Weber, by land now or formerly of Ste- phen T. Kelsey, and by land now or formerly of Marshall J. Dodge; on the west by Fox Avenue. 7:35 p.m. Final approval of ~---n- ................:Ya k< the minor subdivision of Elea- nor Sievernich at the Town of Notary Public Southold, County of Suffolk BARBARA A. SCFINEIDER and the State of New York. Suf- folk County Tax Map Number NOTARY PUBLIC, State of New Yak 1000-113-8-5. No. ,State Coun Qualified in 806846 The property is bordered on Commission Expires the north by land now or formerly of Charles & Charle J. Sidorowicz; on the east by Howard's Branch of Mattituck Creek; on the south by land now or formerly of Eliezer A. and Miriam Bella Frumkin; on the west by Cox Neck Road. 7:40 p.m. Final approval to the set off of Martin Sidor, Jr. located at the Town of Southold,' County of Suffolk and the State of New York. Suf- The property is bordered on folk County Tax Map Number the northwest by Middle Road; 1000-115-7-13. on the northeast by land now or The property is bordered on formerly of Stephen Doroski; the north by Main Road; on the on the southeast by the Long east by Locust Avenue; on the island Rail Road; on the south- south by New Suffolk Avenue; west by land now or formerly of on the west by lots 23-30 of John Sepenoski. Mattituck Estates, Suffolk Co. Any person desiring to be Map No. 4453, and by lots 1-5 heard on the above matter of Eastward Manor, Suffolk Co. should appear at the time and Map 5606. place specified. 7:45 p.m. Final approval of a Dated: September 14, 1990 lot line change of M. Dickinson BY ORDER OF Burns located at the Town of THE SOUTHOLD TOWN Southold, County of Suffolk PLANNING BOARD and the State of New York. Suf- Bennett Orlowski, Jr. folk County Thx Map Number CHAIRMAN 1000-69-4-10.1, 10.2 & 10.3. IX, 9/20/90 (29) PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman Supervisor George Ritchie Latham, Jr. =+p Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 September 18, 1990 Anthony Salvatore 45 Route 25A East Setauket, New York 11733 RE: Eleanor Sievernich SCTM#1000-113-8-5 Dear Mr. Salvatore: Please be advised that the Planning Board's meeting of October 1, 1990 has been rescheduled for Tuesday, October 2, 1990. The above mentioned minor subdivision is scheduled for a 7:35 p.m. public hearing on that date. Please contact this office if you have any further questions. Very truly yours, Alt Bennett Orlowski, Jr. r Chairman 41 LAW OFFICES ANTHOi-,W SALVATORE, P.C. S~twwUCRF/GE HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A EAST SETAUKET, N.Y. 11733 TELEPHONE FAX 15161941-4411 September 13, 1990 (516) 941-4788 Planning Board Office Town of Southold P.O. Box 1179 Southold, NY 11971 Att: Bennett Orlowski, Jr. Chairman Re: Eleanor Sievernich SCTM# 100-113-8-5 Dear Mr. Orlowski: Enclosed are the two (2) additional paper maps as requested relative to the above matter. It was necessary to have these printed causing the delay in submitting same. I trust this completes all requirements. Should you have any questions, please advise. Very truly yours, ANTHONY SA ATORE AS/msh Enclosures StiP ~ 8 t9~3d j( t 1 PLANNING BOARD MEMBERS ~z_ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman J1 r ; Supervisor George Ritchie Latham, Jr. $ Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald 7y P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 September 11, 1990 Anthony Salvatore 45 Route 25A East Setauket, New York 11733 RE: Eleanor Sievernich SCTM#1000-113-8-5 Dear Mr. Salvatore: The following took place at a meeting of the Southold Town Planning Board on Monday, September 10, 1990. RESOLVED that the Southold Town Planning Board set Monday, October 1, 1990 at 7:35 p.m. for a final public hearing on the maps dated July 10, 1990. Please note that 2 additional final paper maps are necessary. The Planning Board requires 5 paper maps and only 3 were previously submitted. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. Aws Chairman M LAW OFFICES 46 ~F7 LLy ANTHONY SALVATORE, P.C. HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A EAST SETAUKET, N.Y. 11733 TELEPHONE FAX (516) 941-4411 (516) 941.4788 August 21, 1990 Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Att: Melissa Spiro Re: Eleanor Sievernich SCTM #1000-113-8-5 Dear Ms. Spiro: Pursuant to our telephone conversation relative to the above matter, I enclose two (2) mylar and three (3) paper copies of the minor sub-division. Should additional copies be required, please advise. If you find all in order, kindly return the mylar copy with the Planning Board approval affixed thereto for the purpose of filing. Should you have any questions, please contact me. Ver truly yours, ANTHONY SALV TORE AS/msh Enclosures AUG 2 2 1990 0 0 ANTIN NNY 6ALVATORIM, P C. ATTORNEY AT LAW HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A BA6T ONTAU1CHT1 N. Y. 11133 516 941-4411 August 3, 1999 Town of Southold Planning Board P.O.Box 1179 Southold, NY 11971 Att: Melissa Spiro Re: Eleanor Sievernich SCTM #1099-113-8-5 Dear Ms. Spiro: Enclosed is conformed copy of Covenants and Restrictions relative to the above matter which have been recorded at liber 11108 page 416. I have requested that the surveyor, Young and Young, place the recordation information upon the mylar copy of the sub- division map and that the map be filed with the Suffolk County Clerk. I trust that this, together with the filing of the map, will complete the matter. Should you have any questions, please advise. Very truly yours, nn ~J x-a ANTHONY SALVA ORE AS/msh Enclosure r r.' aY x. v'iA r i ,yam ya ~s ;per ! ° e C4~ rjy a 41 District 1000 Section 113 Block 08 Let= 005.000 n M /p DECLARATION OF COVENANTS AND RESTF'.IC"'ONS ~r~.. JUL 251990 THIS DECLARATION made by °leanor Sieve-nich this 29th day of June, 1999, residing at 25 C'_nderella Lane:, ,,S,etauket, NY, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule annexed herero (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has =or such pur uses determined to impose on said PREMISES covenan,~s and restri:._ions and does hereby declare that said PREMISES shall be heal and shall be conveyed subject to the following c:w enants nd r:strictions: 1. No lot line shall be c:aanged in anv manner at any future date unless authorized by t^,e Town o:' Sc athold Planning Board. 2. There shall be no further subdi i sion in perpetuity. 3. Clearing and gradinc within eac:i lot shall be limited to that necessary for siting and Cons~ructing a house wit:, the intent of preserving as much of the nac:'_rral vegetation on the site as possible. Limiting clearing and grading will minimize storm water runoff and er.os_on. 4. No new residential structure or sanitary disposal fac.lity shall be constructed or otherwise loc:jt:ed within 199 feet- of the top of the bank along the shoreline. 5. No stormwater runoff resulting r;.om she development and improvement of the subdivision cr any of its lots shall be dis,:harged into the adjoining body of water. N~ - 6. Erosion and sediment control measures shall be required during and immediately after construction on each lot to C insure that stormwater runoff will not carry eroded and other deleterious materials into Howard's Branch and the tidal wetlands r1 bordering the Branch. 7. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. zaf-~ 4~~ ' LS ELEAPI $ SIEVERNICH STATE OF NEW YORK ) :ss.. COUNTY OF SUFFOLK ) On the 207-*day of June, 1990, before me personally came ELEANOR SIEVERNICH, to me known to be the individual described in and who executed the foregoing instrument and acknowledged that she executed same. Notary Pubii State of New York ANTHONY SALVATORE NOTARY PUBLIC, State of Now Yank No. -9 6925 0ua11fied in Suffolk County Commission E*bea October 30, 19 SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT - Eleanor Sievernich S.C.T.M. # 1000-113-08-005.000 H.D. REF. NO. OR NAME OF SUBDIVISION - #89-13 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: 00 BEGINNING at a point on the easterly side of Cox's Neck Road (Cox's Lane), at the northwesterly corner of premises herein T-4 described, adjoining land now or formerly of Charles and Charles J. Sidorowicz, said point of beginning also being distant 656.00 feet, more or less, North, as measured along the easterly side of Cox's Neck Road, from the corner formed by the intersection of the easterly side of Cox's Neck Road and the northerly side of Meday Avenue; RUNNING THENCE from said point of beginning, North 57 degrees 42 minutes 00 seconds East along land now or formerly of Charles and Charles J. Sidcrowicz, 546.40 feet to the highwater mark of Howard's Branch of Mattituck Creek; RUNNING THENCE southerly along the high water mark of Howard's Branch of Mattituck Creek, the following five (5) tie line courses and distances: 1. South 46 degrees 53 minutes 49 seconds East 94.61 feet; 2. South 40 degrees 09 minutes 38 seconds East 110.26 feet; 3. South 62 degrees 04 minutes 03 seconds East 36.02 feet; 4. South 74 degrees 25 minutes 08 seconds East 26.43 feet; 5. South 39 degrees 25 minutes 34 seconds East 48.87 feet to the land now or formerly of Eliezer A. and Miriam Bella Frumkin; RUNNING THENCE South 63 degrees 36 minutes 00 seconds West, along the land now or formerly of Eliezer A. and Miriam Bella Frumkin 702.57 feet to the easterly side of Cox's Neck Road (Cox's Lane); RUNNING THENCE North 15 degrees 13 minutes 00 seconds West, along the easterly side of Cox's Neck Road (Cox's Lane.) 240.00 feet to the point or place of BEGINNING. sueF,cr~ 00 LAW OFFICES ANTHONY SALVATORE, P.C. HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A EAST SETAUKET, N.Y. 11733 TELEPHONE June 28, 1990 15161941-4411 ANTHONY SALVATORE FAX 15161 941-4788 Planning Board Office Town of Southold P.O. Box 1179 Southold, NY 11971 Att: Melissa Spiro Re: Eleanor Sievernich at Mattituck SCTM #1000-113-8-5 Dear Ms. Spiro: I enclosed herewith the following items relative to the above matter: 1. Two copies of Declaration of Covenants and Restrictions 2. An original and one copy of Title Certification by Peerless Abstract Corp. 3. Copy of Youn & Young, Surveyor's letter to Suffolk County Department of Health Services which is self-explanatory Once the Health Department approves the maps, we will submit the two mylar and five paper prints as required. I trust you will find this all in order. Should you have any questions, please advise. Very truly yours, ANTHONY SA ATORE AS/msh Enclosures 2 lnn 1 District 1000 Section 113 Block 08 Lot 005.000 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by Eleanor Sievernich this 20th day of ,Tune, 1990, residing at 25 Cinderella Lane, Setauket, NY, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 2. There shall be no further subdivision in perpetuity. 3. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize storm water runoff and erosion. 4. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the top of the bank along the shoreline. 5. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining body of water. 6. Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Howard's Branch and the tidal wetlands bordering the Branch. 7. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 44 &9~ LS ELE SIEVERNICH STATE OF NEW YORK ) :ss.. COUNTY OF SUFFOLK ) On the 207'*day of June, 1990, before me personally came ELEANOR SIEVERNICH, to me known to be the individual described in and who executed the foregoing instrument and acknowledged that she executed same. Notary Publi State of New York ANTHONY SALVATORE NOTARY PUBLIC, Site of Now Yms No. 52.3436926 Oaglified in Suffolk County Commission EVIms October 30, 19 SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT - Eleanor Sievernich S.C.T.M. # 1090-113-08-095.990 H.D. REF. NO. OR NAME OF SUBDIVISION - #89-13 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Cox's Neck Road (Cox's Lane) at the northwesterly corner of premises herein described, adjoining land now or formerly of Charles and Charle J. Sidorowicz; Running thence from said point or place of beginning North 57 deg. 42 min. 99 sec. East along land now or formerly of Charles and Charle J. Sidorowicz 546.40 feet to the highwater mark of Howard's Branch of Mattituck Creek; Running thence southerly along the highwater mark of Howard's Branch of Mattituck Creek the following five (5) tie line courses and distances: (1) South 46 deg. 53 min. 49 sec. East 94.61 feet, (2) South 40 deg. 09 min. 38 sec. East 110.26 feet, (3) South 62 deg. 04 min. 03 sec. East 36.92 feet, (4) South 74 deg. 25 min. 98 sec. East 28.43 feet, (5) South 39 deg. 25 min. 34 sec. Eat 48.87 feet to the land now or formerly of Eliezer A. and Miriam Bella Frumkin; Running thence South 63 deg. 36 min. 99 sec. West along the land now or formerly of Eliezer A. and Miriam Bella Frumkin 792.57 feet to the easterly side of Cox's Neck Road (Cox's Lane) ; Running thence North 15 deg. 13 min. 00 sec. West along the easterly side of Cox's Neck Road (Cox's Lane) 240.00 feet to the point or place of BEGINNING. J 4 t DECLARATION OF COVENANTS ; d AND RESTRICTIONS i Dated: June 20, 1990 W-4 UO V-1 a ANTHONY SALVA'IORE, P.C. ATTORNEYS AT IAYJ Ul ~le~ (i; jZ HILLSIDE PROFESSIONAL CENTER j 45 ROUTE 25A ' EAST SETAUKET. N. Y. 1 1733 District 1000 Section 113 Block 08 Lot 005.000 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by Eleanor Sievernich this 20th day of June, 1990, residing at 25 Cinderella Lane, Setauket, NY, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 2. There shall be no further subdivision in perpetuity. 3. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize storm water runoff and erosion. 4. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the top of the bank along the shoreline. 5. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lotr6 s}aall be L discharged into the adjoining body of water. JUL 6. Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Howard's Branch and the tidal wetlands bordering the Branch. 7. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. ' LS 4&iz~ ELEAR $ SIEVERNICH STATE OF NEW YORK ) :ss.. COUNTY OF SUFFOLK ) On the-~o'-hday of June, 1990, before me personally came ELEANOR SIEVERNICH, to me known to be the individual described in and who executed the foregoing instrument and acknowledged that she executed same._ _.L~GI~t~C.~'GdL-K-c./ 7 LL~=V`~..1'a•cR Notary Publi State of New York ANTHONY SALVATORE NOTARY PUBLIC, Std9 of Naw Yat No. 523436925 CMIMOd M Suffolk County Commission Expires Oot*w 30, 19. SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT - Eleanor Sievernich S.C.T.M. # 1060-113-08-805.000 -.H.D. REF. NO. OR NAME OF SUBDIVISION - #89-13 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Cox's Neck Road (Cox's Lane) at the northwesterly corner of premises herein described, adjoining land now or formerly of Charles and Charle J. Sidorowicz; Running thence from said point or place of beginning North 57 deg. 42 min. 00 sec. East along land now or formerly of Charles and Charle J. Sidorowicz 546.40 feet to the highwater mark of Howard's Branch of Mattituck Creek; Running thence southerly along the highwater mark of Howard's Branch of Mattituck Creek the following five (5) tie line courses and distances: (1) South 46 deg. 53 min. 49 sec. East 94.61 feet, (2) South 40 deg. 09 min. 38 sec. East 110.26 feet, (3) South 62 deg. 04 min. 03 sec. East 36.02 feet, (4) South 74 deg. 25 min. 08 sec. East 28.43 feet, (5) South 39 deg. 25 min. 34 sec. Eat 48.87 feet to the land now or formerly of Eliezer A. and Miriam Bella Frumkin; Running thence South 63 deg. 36 min. 00 sec. West along the land now or formerly of Eliezer A. and Miriam Bella Frumkin 702.57 feet to the easterly side of Cox's Neck Road (Cox Is Lane); Running thence North 15 deg. 13 min. 00 sec. West along the easterly side of COX'S Neck Road (Cox's Lane) 240.00 feet to the point or place of BEGINNING. PEERLESS ABSTRACT CORP. 131 ROUTE 25A ROCKY POINT, NEW YORK 11778 (516) 744-7170 FAX: (516) 744-7179 TITLE NUMBER 859-552-S PEERLESS ABSTRACT CORP., as Agent of Commonwealth Land Title Insurance Company, does hereby certify to THE COUNTY OF SUFFOLK and the TOWN OF SOUTHOLD, that it has searched the records in the Suffolk County Clerk's Office for a period of twenty (20) years last past for the purposes of determining parties who must consent to filing of Covenants and Restrictions. Based on said records, the Company has determined that the only parties who must consent to said filing would be as follows: ELEANOR SIEVERNICH Fee Owner By Deed in Liber 8680 cp 584 The liability of the Company under this search is limited to One Thousand ($1,000.00) Dollars for any reason. District: 1000 Section: 113.00 Block: 08.00 Lot: 005.000 Schedule "A" description is attached hereto. Dated: June 22, 1990 PEERLESS ABSTRACT CORP. BY: ALL L7~LLAN GRECCO PRESIDENT JUL - 2 REPRESENTING: COMMONWEALTH LAND TITLE INSURANCE COMPANY TITLE INSURANCE. SINCE 1876 SCHEDULE "A" DESCRIPTION Title Number 859 552-S ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Cox's Neck Road (Cox's Lane), at the northwesterly corner of premises herein described, adjoining land now or formerly of Charles and Charles J. Sidorowicz; running thence from said point of beginning, North 57 degrees 42 minutes 00 seconds East along land now or formerly of Charles and Charles J. Sidorowicz, 546.40 feet to the highwater mark of Howard's Branch of Mattituck Creek; running thence southerly along the high water mark of Howard's Branch of Mattituck Creek the following five (5) tie line courses and distances: (1) South 46 degrees 53 minutes 49 seconds East, 94.61 feet; (2) South 40 degrees 09 minutes 38 seconds East, 110.26 feet; (3) South 62 degrees 04 minutes 03 seconds East, 36.02 feet; (4) South 74 degrees 25 minutes 08 seconds East, 28.43 feet; (5) South 39 degrees 25 minutes 34 seconds East, 48.87 feet to the land now or formerly of Eliezer A. and Miriam Bella Frumkin; running thence South 63 degrees 36 minutes 00 seconds West, along the land now or formerly of Eliezer A. and Miriam Bella Frumkin 702.57 feet to the easterly side of Cox's Neck Road (Cox's Lane); running thence North 15 degrees 13 minutes 00 seconds West, along the easterly side of Cox's Neck Road (Cox's Lane) 240.00 feet to the point or place of BEGINNING. TWENTY YEAR CHAIN OF TITLE Title Number 859-552-5 DEED: JOHN KENNEY Dated: 3/18/49 TO Rec'd: 3/21/49 WILHELMINE J. SCHIFFERS Liber 2931 cp 131 DEED: WILHELMINE J. SCHIFFERS Dated: 7/3/79 TO Rec'd: 8/22/79 ELEANOR SIEVERNICH Liber 8680 cp 584 (LAST RECORD OWNER) 'YOUNG YOUNG ) OSTRANDER AVENUE RIVERHEAD, NEW YORK ngor 616-727-2303 AL.DEN W. YOUNG FAX 316-727-0144 R E C E I V E D Pwfeeeio, aL Enginwe 4F [a..d Su veyoe HOWARD W. YOUNG JUN 2 8 1990 ta„d sner.ye. LAW OFFICE ANTHONY SALVAMFIE June 27, 1990 Peter R. Akras, P.E. Suffolk County Department of Health Services Bureau of Wastewater Management Suffolk County Center Riverhead, New York 11901 RE: ELEANOR SIEVERNICH at Mattituck, .T/O Southold, New York H.S. Ref. No.: 89-013 Dear Mr. Akras: Enclosed herewith are four (4) mylar and six (6) paper prints of the above referenced Minor Subdivision Map, for approval. Please call this office when the maps are stamped and ready to be picked up. Very truly yours, TCWdslt/ Thomas C. Wolpert, P.E. Encl. cc: Mr~ss Eleanor Sievernich + 1 Print ,Xiithony Salvatore, Esq. + 1 Print . ju. - 2 Mn M S LAW OFFICES ANTHONY SALVATORE9 P.C. HILLSIDE PROFESSIONAL CENTER 43 ROUTE 25A EAST SETAUKET, N.Y. 11733 April 17, 1990 TELEPHONE (516) 941-4411 ANTHONY SALVATORE FAX RK I516) 941-4788 Town of Southold Planning Board Office P.O. Box 1179 Southold, NY 11971 Att: Bennett Orlowski, Jr. Chairman Re: Eleanor Sievernich SCTM #1000-113-8-5 Dear Mr. Orlowski: Enclosed is proposed restrictive covenant in reference to the above and a copy of my letter to the Suffolk County Department of Health with reference to the covenant that they have imposed. Also enclosed is a copy of the sub-division map. I will obtain the mylar copies you requested from the surveyor and have the declaration of covenants and restrictions noted thereon prior to filing the map with the Suffolk County Clerk. Should you require a title company certification, I will supply same. I trust you will find all in order. Should you have any questions, please advise. Very truly yours, ANTHONY S LVATORE AS/msh Enclosures d LAW OFFICES ANTHONY SALVATORE, P.C. HILLSIDE PROFESSIONAL CENTER 45 ROUTE 25A EAST SETAUKET, N.Y. 11733 TELEPHONE April 17, 1990 15161941-4411 ANTHONY SALVATORE FAX 15161 941-4788 Suffolk County Department of Health Services Bureau of Wastewater Management Riverhead County Center Riverhead, NY 11901 Re: Eleanor Sievernich # 89-13 H.D. Covenants Dear Sir/Madam: Enclosed is proposed covenant with reference to the above matter. Kindly examine same and advise whether or not this is acceptable. Also enclosed is copy of map upon which I will have the surveyor make the appropriate notation before filing with the Suffolk County Clerk. The title certification has been ordered from peerless Abstract and I expect to receive it shortly. There are no other lienors that must consent. Should you have any questions, please advise. Ver truly yours, , ANTHONY SA VATORE AS/msh Enclosures r • i DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by Eleanor Sievernich this 20th day of April, 1990, residing at 25 Cinderella Lane, Setauket, NY, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 2. There shall be no further subdivision in perpetuity. 3. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize storm water runoff and erosion. 4. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the top of the bank along the shoreline. 5. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining body of water. 6. Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Howard's Branch and the tidal wetlands bordering the Branch. 7. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. LS STATE OF NEW YORK ) :ss.. COUNTY OF SUFFOLK ) On the day of April, 1999, before me personally came ELEANOR SIEVERNICH, to me known to be the individual described in and who executed the foregoing instrument and acknowledged that she executed same. Notary Public : State of New York SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT - Eleanor Sievernich S.C.T.M. # 1090-113-08-005.060 '-H.D. REF. NO. OR NAME OF SUBDIVISION - #89-13 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Cox's Neck Road (Cox's Lane) at the northwesterly corner of premises herein described, adjoining land now or formerly of Charles and Charle J. Sidorowicz; Running thence from said point or place of beginning North 57 deg. 42 min. 00 sec. East along land now or formerly of Charles and Charle J. Sidorowicz 546.49 feet to the highwater mark of Howard's Branch of Mattituck Creek; Running thence southerly along the highwater mark of Howard's Branch of Mattituck Creek the following five (5) tie line courses and distances: (1) South 46 deg. 53 min. 49 sec. East 94.61 feet, (2) South 40 deg. 99 min. 38 sec. East 119.26 feet, (3) South 62 deg. 04 min. 03 sec. East 36.02 feet, (4) South 74 deg. 25 min. 08 sec. East 28.43 feet, (5) South 39 deg. 25 min. 34 sec. Eat 48.87 feet to the land now or formerly of Eliezer A. and Miriam Bella Frumkin; Running thence South 63 deg. 36 min. 09 sec. West along the land now or formerly of Eliezer A. and Miriam Bella Frumkin 702.57 feet to the easterly side of Cox's Neck Road (Cox's Lane) ; Running thence North 15 deg. 13 min. 60 sec. West along the easterly side of Cox's Neck Road (Cox's Lane) 240.00 feet to the point or place of BEGINNING. Town Hall, 5309 Main Road P.O. Box 1179 Southold. New York 11971 x TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 27, 1989 Eleanor Sievernich 25 Cinderella Lane East Setauket, NY 11733 RE: Eleanor Sievernich SCTM #1000-113-8-5 Dear Mrs. Sievernich: The following action was taken by the Southold Town Planning Board on Monday, November 20, 1989. RESOLVED that the Southold Town Planning Board adopt the following from the November 3, 1989, Suffolk County Planning Commission report: Number 1 of the report should be revised to read: No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. An additional item should be added as follows: There shall be no further subdivision in perpetuity. Number 2 of the report should remain the same. Number 3 of the report should be omitted. The Planning Board has found no evidence that this site would contain material of archaeological value, and feels that requesting an archeological survey would cause undue hardship to the applicant. Numbers 4, 5, and 6 of the report should remain the same. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Liber and page number of the filed Declaration must be included. A Draft Declaration of Covenants and Restrictions must be submitted to the Planning Board office for review by the Town Attorney. The approved document must then be filed in the office of the County Clerk prior to endorsement of the map by the )Chairman. Final submission must contain two mylars and five paper prints, all stamped with current Health Deparmtent approval. If you have any questions, please do not hesitate to contact this office. ery truly yours, Bennett Orlowski, Jr. Chairman enc. cc: SCPC jt i Cf9UNTY OF SUFFOLK M©V -gig , PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING November 3, 1989 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision - Eleanor Sievernich Easterly side of Cox's Neck Road (Cox Lane) approximately 656 feet northbrly from Meday Avenue, Mattituck, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on November 1, 1989, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Eleanor Sievernich" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following eight conditions that are deemed necessary to help preserve the natural and aesthetic attributes of the shoreline of Howard's Branch of Mattituck Creek and the wetland adjacent thereto, and for good planning and land use. 1. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 2. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize stormwater runoff and erosion. 3. There is the possibility that this site may contain material of archaeological value. Therefore, an archeological survey shall be made by a qualified archaeologist. If it is found that the site does contain material of archaeological value then: (1) the site shall be preserved; or (2) clearing, excavation and construction on the property shall be delayed for a reasonable period of time to allow an archaeologist to explore, excavate and salvage items of historical worth. VETERANS MEMORIAL HIGHWAY HAUPPAUGE. L.1.. NEW YORK 11768 IS 181360.8162 1f Page -2- 4. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the top of the bank along the shoreline. 5. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining body of water. 6. Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into Howard's Branch and the tidal wetlands bordering the Branch. 7. Conditions 1-6, inclusive, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board or Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 8. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map for your use and consideration: 1. It is suggested that before approval is granted to this subdivision that the subdivider be required to submit this proposal to the Suffolk County Department of Health Services for review to insure that the proposed subdivision will meet the requirements and standards of that agency. 2. The map of this minor subdivision should be filed in the office of the County Clerk. This is to insure the validity of the subdivision map and that the subdivision map will be available to the general public in a central office of official records. Very truly yours, Arthur H. Kunz Director of Planning by Charles G. Lind, Chief Planner Subdivision Review Division File: S-SD-89-19 CGL:mb Encl.: Map cc: R. Villa, P.E., SCDHS Phone 298-8833 MATTITUCK FIRE DISTRICT P.O. BOX 888, 1000 PIKE STREET MATTITUCK, LONG ISLAND, N.Y. 11952 t~L°j 2 11989 October 24, 1989 Planning Board Office Town of Southold Southold, N.Y. 11971 Re: Minor Subdivision SCTM #1000-113-8-5 Gentlemen: Please be advised that the above mentioned subdivions has sufficient water supply for fire protection as per the presented specifications. If there is any change in this subdivision further study will have to be conducted. Cordially, ct. hn A. IC o jist. attituck ir sn a Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 119 71 TELEPHONE (516) 7651938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD l~_~?t~es Icl 1939 John A. Keogh, Secretary Mat*_ituck Fire Commissioner Mattituck Fire Department Pike Street Mattituck, New York 11952 Dear Mr. Keogh: Enclosed please find the survey for EIe ai'\OC' ~s '<-VeSn cn m ~l~a 113 `t S Phase notify this office as to whether any firewells are needed. Please specify whether shallow wells or electric wells will be needed. Please reply by \ Ic dQmEY'_c g 1989. Thank you for your cooperation. Very truly yours, J/ BENNETT ORLOWSKI,JR. CFA IRMAN enc. v+ k,i Town Hall, 53095 Main Road v~ ~ , P.O.Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 18, 1989 Eleanor Sievernich 25 Cinderella Lane East Setauket, NY 11733 RE: Eleanor Sievernich SCTM #1000-8-5 Dear Mrs. Sievernich: The following action was taken by the Southold Town Planning Board on Monday, October 16, 1989. RESOLVED that the Southold Town Planning Board make a determination under the State Environmental Quality Review Act of non-significance. If you have any questions, please do not hesitate to contact this office. ry truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN enc. it Town Hall, 53095 Main Road ~ "~?~~k ~ P.O. Box 1179 .Y~ ,~~R• Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD NEGATIVE DECLARATION DATE: October 16, 1989 Pursuant to Article 8 of the Environmental Conservation Law State Enviornmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for this unlisted action described below has determined that the project will not have a significant effect on the environment. NAME OF ACTION: Eleanor Sievernich SEQR STATUS: Type I Unlisted CONDITIONED NEGATIVE DECLARATION: YES NO DESCRIPTION AND LOCATION OF ACTION: Applicant proposes to subdivide a 3.7648 acre parcel into 2 lots. This minor subdivision is located at Mattituck. SCTM #1000-113-8-5. REASONS SUPPORTING THIS DETERMINATION: An Environmental assessment has been submitted, reviewed f 01 • and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correpondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Further information can be obtained by contacting Melissa Spiro, Southold Town Planning Board, Main Road, Southold, NY 11971. 765-1938. Copies mailed to the following: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Green, DEC Commissioner Mohabir Perseud, Department of State Cramer, Voorhis & Associates, Inc. Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board A ~s,_w1 f't ( n -e Town Hall. 53095 Main Road f " s Southold. New York 11971 y TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD +abe2 17 1981 Suffolk County Planning Commision H. Lee Dennison Executive Office Building - 12th Floor Veterans Memorial Highway Hauppauge, New York 11788 Attention: Mr. Charles G. Lind, Chief Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of - JE 611017, S i euor Hamlet/Localit Y a i uG(-~~ P.O. Box 1179 ,F\~''U`~'' S.C.D.P.W. Topo No.: Zoning- R RU S.C. Tax Map No.: /DOp _ //3 _ e? - 5- Major Sub. Minor Sub. X-Site Plan Cluster MATERIAL SUBMITTED: Preliminary Plat (3 copies) Road Profiles (1) XW4 1)9/6,7 Drainage Plans (1 ` ) _Topogroaphical al Map (1) Site Plan (1) _ Grading Plan (1) Other materials (specify and give number of copies) 1 CC 4 a Yec~Q J•P l Y ~1 Waiver of Subdivision Requirements - See attached sheet V CONTINUED REFERRAL CRITERIA: SEQRA STATUS: 1. The project is an Unlisted) (Type I) (Type II) Action. 2. A Qje!jative Declaration (Positive Declaration) (Determ. of Non-Significance) has been adopted by the Planning Board. 3. E.I.S. statement enclosed. (yes) no) 4. The proposed division has received approval from the S.C. Dept. of Health. (Yes) .o COMMENTS: We request acknowledgement of receipt of this referral (Yes) Enid Referral received 19 by Suffolk County Planning Commission and assigned File No. Very truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN S jt revised: 3/8/89 cam,, , ~ r , U" r ` Y n Hall. 53095 Main Road' Y P.O. Box 1179 uthold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 12, 1989 Eleanor Sievernich 25 Cinderella Lane East Setauket, NY 11733 RE: Eleanor Sievernich SCTM #E1000-113-8-5 Dear Ms. Sievernich: The following actions were taken by the Southold Town Planning Board on Monday, September 11, 1989. RESOLVED that the Southold Town Planning Board start the coordination process on this unlisted action. The Board assumes lead agency status and in that capacity has made an initial determination of non-significance. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated June 19, 1989. Sketch plan approval is conditional upon submission of final maps within six months of sketch approval, unless an extension of time is requested by the applicant and granted by the Planning Board. If you have any questions, please do not hesitate to contact this office. rg tr~juyl~y yours t 4f Z'~ iyt/ ~ BENNETT ORLOWSKI,JR. CHAIRb:AN enc. (r!JY, Y - Y Town Hall, 53095 Main Road d~ P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Sept. 14, 1989 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental. Conservation Law and 6 NYCRR Part 617 the following: 1. your jurisdiction in the action described below; 2. your interest in assuming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Eleanor Sievernich SCTM #1000-113-8-5 ~f QcEe4 Requested Action: l~rc~l'cc~ ea~oSPS -Vn sr h~ 'Ac 19 44 SEQRA Classification: [ ] Type I [~C] Unlisted Contact Person: ; 85~c V va 516-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: This agency wishes to assume lead agency status for this action. [ l This agency has no objection to your agency assuming lead agency status for this action. [ ] Other. (See comments below) Comments: Please feel free to contact this office for further information. Sincerely, BENNETT ORLOWS CHAIRMAN RI, JR. CC: -Board of Appeals .Board of Trustees -Building Department Southold Town Board kC,-Suffolk County Dept. of Health Services q-v_NYSDEC- Stony Brook NYSDEC- Albany -S.C. Dept. Of Public Works _U.S. Army Corp of Engineers _N.Y.S. Dept. of Transportation * Maps are enclosed for your review Coordinating agencies SUBMISSIONS WITHOUT COVER LETTERS SUBJECT: ~2t9v1OC S;ev2CI~ CCU C~V;~( 1-J SCTM #1000- SENDER: PHONE NUMBER: iY b 1 U'1 '~w1 . r&! P ;y Town Hall. 53095 Main Road P.O. Box 1179~~ Southold. New York 119 71 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 15, 1989 Ms Eleanor Sievernich 25 Cinderella Lane East Setauket, New York 11733 RE: Minor Subdivision for Eleanor Sievernich Dear Ms Sievernich: SCTM # 1000-113-8-5 The Planning Board reviewed your application for the above mentioned subdivision. Both lots have insufficient width as per Southold Town Code. A variance from the Zoning Board of Appeals will be required before the Planning Board can proceed with their review. If the variance is granted, the following would be required: 1. The scale.of the map must be 1" =1001, not 111 = 501. 2. Metes and bounds as shown on the map do not agree with those shown on the deed. Thismust be clarified. 3. Building envelopes must be shown. The envelopes must be located on the flat Southwest part of the lots. If the variance is granted, please submit the maps in accordance with the above requirments. Very truly yo , s, _C rt.G~~ U ~,i/ a^~r ' BENNET`P ORLOWSKI , Jj CHAIRMAN v rgk 00UNG v,, YOUNG 400 OSTRANDER AVENUE RIVERHEAD, NEW YORK nyor 516727-2303 ALDEN W. YOUNG P.of wsior a Enguwe 1F Land &wftyo, HO ARM W. YOUNG Su.wyoe 17 f JUL' - 6 ON SURVEY REPORT Eleanor Sievernich ) TOWN SOiJiiiOL"J ?01NN # Cox's Neck Road PLANMi1N1GBOARD Mattituck, Town of Southold, New York S.C.T.M.: 1000-113-8-5 In April, 1987, Young & Young was ordered to prepare a survey of the above captioned premises. We were furnished a copy of a deed dated July 31, 1979, between Wilhelmine J. Schiffers and Eleanor Sievernich recorded in Liber 8680 Page 584. The boundary lines of our survey, as depicted on the Minor Subdivision prepared for Eleanor Sievernich dated November 15, 1988, are in accordance with the above mentioned deed with the exception of the boundary formed by the highwater mark of Mattituck Creek. In preparing the survey, we found certain physical encroachments such as utility poles, stone driveway, aluminum shed, and asphalt driveway. These encroachments are depicted on the map. We also researched and obtained deeds and surveys of the adjacent properties. In establishing the northerly boundary line, we found that the descrip- tion in the deed to Sidorowicz, Liber 8513 Page 296, may form a gore parcel which is depicted on the map. In establishing the southerly boundary line, we found that the description in the deed to Frumkin, Liber 7431 Page 212, may form an overlap which is depicted on the map. These survey problems (encroachments, gores and overlaps) are very common, usually being the result of poor inaccurate surveys made in the past or by poorly written deed descriptions. Young & Young has always taken great pride in our profession and we of course certify that the bounds of the property are as shown on the map. Date:_ i U How rd W. oung Young & Young FORM NO. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N2 .A?626 Z Date t* r ?c.......... c2l 191 Permission is hereby granted to: Y)............ . to ° :....4?:!4g.. ...4aS.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . y.. . . . . . . . . . . . . . . , . . . . Q. . . at premises located at 3sQ.O.P.....1.1''7~.... !......4.4i.S~lrj_4tzjz.............. ....~.'R.~............ County Tax Mop No. 1000 Section R-4 Block ......Q.1 Lot No. J pursuant to application dated ...A).A.. ...I- L.~U.r4.... !.7 1911, and approved by the Building Inspector. Fee $.1.~b.. wilding Inspector Rev. 6/30/80 V a of MP 1Pp~ s~9• 4"E R PNCN ~ti~ 48.8 PRp'S g ao~2. z t ci N~~ 62oo~p v o = a a4 a APPROX. Np1.M C7 W co 21E 014 p1MpRGN .19081 ~.c 4Cpg38 2 5 LU r 26 ai I?o• ~ ~ o a a 46' 63 Q9 E = r. 1?j c 3 c / ,q O Ikk i LL W N o p - _-L O q m 50 m °Qa 7 _ N 1 13 1 1 i t o ooLi JJ I a CA 4D y MI 1 11 ~\N / N 0 1` ~ t 89 / r~ ~ . O ~ 1 5: - . , o n \ Os ! O.J i3 aF~-T`~ J W a 110- c' I V1\d 9 a ~ 15 c; m 24. . -yam r- o S ' -p _ Z r 1 0 J ~ . _r N %HVpp b,~. 1 I I ~+f 1 r S'NJ ~ ~I \ ` nn.n~ f ~•+I') a3~wpi'i ~ry~~da6 I J L_ ~ill~l~ ~I~, -a. Wt• il'Fh~~ • =X c C'.i+'-d St ~ i ..5~ #>SBa~la.ryr1T72 140', y.ir_ =.ti.: 3y 5 ~j t}j v'z i i _ cps K~ I~{~I js, ova ~g i 9Sif d~3c diy s O 'Y^S 1 ,I Ng d ? i i veE.t f ~iF•= , i[=CE EtdaE - s Y Ry ? d d ; EP ; ,`b ? b lO xi 8 ? :a~ 1 b? > u p 4 y1f > E" > F• C• Yx~ L _ •SY• O • rb.i ~ ig - k Y '3fi0 , NN3d x - i. io ! •EuO ii. :a }gd s ~ w eli O ?,a--~-, -'ti t`u --~r=-~ ~ a 5z _1f aE n 0 , ti• 1•L Y .`E ~awxal \ e t i ~z 0O 'an3Z e . ~o o ` Y i'+.C' Y~. a i ,T 3^! a°-ate ~nx O i : t Y. ' ! QQ 2 ~ n N i ^ - ~ ~ O LC i ] • t <T a SV • •a b 4 T yV§~ °a m ~ ? by :\'G\'\ ~ a9`,r-. Dic fi i..1 \ It\:\ E b G N 4 • b 'E, 6 •w xntn xz .1 LASER FICHE FORM SUBDIVISIONS Project Type: Minor Status: Open SCTM # : 1000-113.-8-5 Project Name: Sievernich, Eleanor Location: Cox's Neck Road cross streets North- Bergan Ave South Meday Avenue. Mattituck Hamlet: Mattituck Applicant Name: Eleanor Sievernich Owner Name: Eleanor Sievernich Zone 1: R-80 Approval Date: No-l- FlpprLoue-- PLAT Signed Date: IJef" E/,rDcrc~~i OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: CandR's: Homeowners Association R and M Agreement: Address: a County Filing Date: a a a (1c c~ D Ci R SCAN Date: 1 r T a_ N lS~ I 0 -.T ~GRp. I i'L-I S 1' M~~/ UOKROR Or -A CREEK - - 1L i.L-L ~ v / 2 f- L CIE 1' mP "i 0'N cf"i'~ 9p`T3` 4~2Sp e ° fie(\'J5~QOo~eEa~3 ; ED, e / $s 2 43f ,C\ O 1 T C,\\ 5@ %FQO 3 3 E l + L I os 6 _ Jl . l (~0`7~ 4! c ~e ,`':.Op, ~asy3 02, 1. Fv -a 6y. c L. JII Ot\es eeA _ z2 •'"1\e4 @~ \ 1NEC Ee IO a' MAP yl L1~CATl 600 \ o`Gfe eac_.a-°E+v..- o5Q2~ ,G ea •1`.x`.`1 y~'<. G SCALE ' 1 cvN .962 ao. 3l ` qGe c", I %Ellod2 / H.1 "D Ee p9A~ 11\1\I`.\1 3 3 3~A -3G, 111\1```Jp`\:, @?~S. 19 ps C9 (D3sl ez, g032 y ' fNaECa__~~~029 Vef Z 'a.\ NO aE No a 0amG1Nw1t. co o`fOwM„1 E OI \ E A\R ~ ~je o T m 5 v2o 1 /t p of` nyl`6y 2 'I `mec\ ~tQmµ\~ o ~ Y529 O rNls su.vsv IS A VIOLATIONOE > P 65 b gf ce 6EA (0 ee O .ECl10N 11.1 OE THE NEW YOIIC STAIF O 9 g36~' V ab.D Q~ ~YOtQ JCATOM LAW N OYIEE Or THR SURVEY MAP NOI eEANIM Uy`yfy (l LARO SURWYOR9 IMRW^ fSEAL OR V0J O SEED SEAL SHALL HOF ^ CoNSmEREF ~/II i 00 ~\Yese( DV A VALID IRJL COO FILE NO.%S-Sn-sGi-("P f pRANTEES NLICATED HEREON E11ALL RJN y ELLI TO THE R40.50H R WHOM THE E11RVE SUFFOLK CO. PLANNING DEPT m X. ,.o~E 563 PREPARED, AND ON YHlOs W ALE TO IHF NSTY. OOVERHNENTAL AGENCY AN( _ E C OH EIS 11E HEREON, AND r DDNG wsrFHUrI MID REVIEW SECTION O THE ASSIGNEES Of IHE IENpI1 INSiI. 1pry?v pp(p~~. p~R ) D GUARANTEES ARE OF IRAN,2RAYF i1 D Jr z q µ 1, I,~l/d ~'(V IrION AIn row a.. EDI l`Y Y 0 The subdivision of this parcel, as proposed, TUAL SURVEYS COMPLETED NOV. 15, 1988 b the Suffolk Count Planning " HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS has been approved by Y AND THAT ALL CONCRETE MONUMENTS SHOWN THUS ; FACTUALLY EN FACTUALLY EXIST AND THEIR POSITIONS ARE ETIC DETAILS ARE CORRECT." Commission subject to 8 conditions deemed necee- CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS Al Gary to help preserve the not~~ppral and aesthetic aetr,ibu[es of Hneshoreline o( kiowArds ~gr''o"e~~ck eF I M14 4o4L CreelLa {tu IAS I 5 Adjafe. itm:F-eie• f~rYrlE I` 'w"A f 0 Refer to letter E,or conditions. HOWARD W. HOWARD W. YOU W. N.Y.S. L.S. LIC. NO. 45093 NOTE: EGT XOLE MONUMENT o.o 2. SUFFOLK COUNTY TAX MAP TOPSOIL GIST. 1000 SECT. 113 BILK. B LOT 5 ° 3 3. TOTAL AREA . 163997 S.F. OR 3.7648 ACRES SANDYLGNA \S BEEN APPROVED BY THE PLANNING 4. ELEVATIONS SHOWN HEREON ARE REFERENCED a "THIS IS 70 CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROV TO N.G.V.D. (MSL 1929). GRAVEL BOARD OF SOUTHOLD BY RESOLUTION OF APPROVAL DATED DATED e 5' 5. ZONING USE DISTRICT: R-60 RESIDENTIAL LOW DENSITY A BY DATE SAND CHAIRMAN, PLANNING BOARD 170, e q Jl ~WLLP JUL~ h1 sou H oR°neo_1 I'd THE WATER SUPPLY 8 SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT COMPLY I rig u~yplml WITH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH, MINOR SUBDIVISION )N ~p I HOWARD W. YO G N..Y . L,S, LIC. NO. 45893 ELEANOR SIEVE EVERNICH TOWN OF SOUTHOLD MINOR SUBDIVISION FI3 e.NAXTr LINE MIN AT M AT T I T U C K ARE , co WELL WELL ~E GAL APPLICANT 1 Wn Steu+rn fc 040E loco-ii9-8-5 TAXMAP# J I " TOWN OF SOUTHOLD TOWN ~~00'rk" 10 L D ZONING C4 SS FI ATION 3 S O 21 'ti H. I'YIN Y i'WM E'YIX rS t,,^~ nueE s _ vi. l'- u APPROVAL DATE " l i vr,r_ PLANNING BOARD It e SUFFOLK COUNTY Y -j OF tyE,XRSUoE'P'R*JVERHEAD, 400 N ]YI ERILTAHX i1MX lE1CX°f°°L 300 UI J & axouxo wATEx _ rNlx' ]G.. G-F]e ' C40001 0 GAL EXTIC TANK lE]g4N4 X°LL LF/,OIIX° ro0l EY °IWXQ=.L! e O.X.YIU~Y EIIl1l LE XUMX ROAD TYPICAL WELL DETAIL TYPICAL SEWAGE DISPOSAL SYSTEM JUN 19,1989 DATE NOV, 15, 1988 50 0 100 TYPICAL PLOT PLAN ® ALDEN W.) ALDALDER W. YOUNG, N.Y.S. P.E. LS. LIC. O. 12845 SCALE 1"= 100' HOWARD W. HOWARD W. YOUNG, N.Y.S. L.S. LIC. NO. 545893 NO. 88 - 0201 +~THOMAS C. THOMAS C. WOLPERT, N.Y.S. P.E. LIC. IC, NOO. . 614 61463 rue 60213 IF- TO THE' SURVEY IS A W.lATIoNA.1 V 1 $F SECTION 7209 OF THE NEW YOU STATE ALECATIONI I.A. COPIES Of THIS SHPVEY MAP NCT NAEINL r rt THE LAHU 11PVE1O0.'S INREO SEAL OE MEOSLO SEAL SHALL NOT YE CONSIDERE[ IC D A VALID TRUE COPY ~LAFANT'CS INDICATED HEREON SHALL RUN HLY TO IXE PEREON FOR WHOM THE SLEEVE a PREEAPIC AN0 ON HIS ELHALE TO THE ITLE COMPANY, GOVERNMENTAL AGENCY AN NDING INSTH WIJN L14TED HEREON AND 0 WE ASSIGNEES OF THE LENDING INSTI- ' I 'ION, GUARANTEES A. NOT IRANAERARLI O MDORION4 URIIEUP.. Ov S, u(irn n. hD04 is - / s 1 M4ny 444NCx D %33 1.y-~ L 1Y rock CNEExF 11PA L ~A y n „r VjVG2 6, 9yb11, . S qn? S ed I dots°a~,ro % . se• Fs~i33 2O \/)1 O / _ V1 O h0 r~' •\•D. ~0 353E 2r L Jf J~ E Oo gIG re+- - p,+ PO '02' Y~ .L \e5 z0 - 'bhp e'' ar ?6~~ LOCATIO I= 600 a MAP SCALE' \ ¢ °`ic+"'O a~°A+ '4 G n .4icp d, g1 e1~ ..3. SG s r fl~ u+~ & Ni ' .6.L•5 L' w. nea ~.Qet ,1 F a Z ea ~ PD 3e ~~~Duo EN 1p2 c. i`i 7~ V g5~r0~ ~ SUBJ6 ,T 7p COV/NANTSi RFSTRICROUSLIBE11 ~a £ 9d ',wc`y 'fUJii µ~0 ?AGE A \52 O 11¢55 a<\y Ft~m ,R p ~fiodw. kotm ge\\o 93013 r.e^00'O Ot M\t-VOm SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES 6 Hauppauge, New York _ Gila O B f00Q g <°it{ + o P 0• This is to certify that the posed arsit even s for ryater supply T O y 63036 ~W Te( and sewag d' posal for V the lA With a total lots X +o~i were ap ved on the above date. These facilities must conform to I construction standards in effect at the time of construction. This r approval shall be valid only in the event said subdivision/devel- opment plan is duly filed with the County Clerk within 6 months of Z this date. Consent is hereby given for the filing of this map on which this endorsement appears in the Office of the County Clerk in $ 1J accordance with Provisions ofthe Public Health wadd the Suffolk County Sanitary Co _ ----I 'Aldo Andreoli P.E. " I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS C AND THAT ALL CONCRETE MONUMENTS SHOWN THUS : a ACTUALLY EXI D Vision of Environmental Quality CORRECTLY SHOWN AND ALL DIMENSIONAL AND OEOOETIC DETAILS ARI UAL SURVEYS COMPLETED NOV, 15, 1988 aACTUALLY EXIST AND THEIR POSITIONS ARE 71C DETAILS ARE CORRECT, " ~O ~ rf 1rW°A"~ rna~A h` /MV~RaA aaf HOWARD W.` NOTE: • HOWARD W. YOUP , N.Y.S. ,5. LIC, NO, 45893 1. N=MONUMENT T HDLE 2, SUFFOLK COUNTY TAX MAP o'o 0167.1000 SECT. TOPSOIL 113 BILK. 8 LOT B D,'' 3. TOTAL AREA C 163997 S.F. OR 3.7648 ACRES SANDY LOOM 4. ELEVATIONS SHOWN HEREON ARE REFERENCED a "THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVE TO N,G,V,D, IMSL 1929). GRAVEL BOARD OF SOUTHOLD BY RESOLUTION OF APPROVAL DATED I BEEN APPROVED BY THE PLANNING 4TED 5, ZONING USE DISTRICT: S,6 R-80 RESIDENTIAL LOW DENSITY A SAND BY DATE CHAIRMAN, PLANNING BOARD n D' NOTE A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN LIBER 11108 PAGE 416, AUG 2 2 1990 ! P' THE WATER SUPPLY S SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT COMPLY WITH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH. MINOR SUBDIVISION ' HOWARD W 0 G N.Y. L, S. LIC. NO. 46893 ELEANOR SIEVE F VERNICH OKETY 6ulx WELL W E AT MATTITUCK i 4 °1L N ITTXHNE I'NI N. I•MIN TOWN OF SOUTHOLD f Y t'W X. 2'NY OLD E. - un r i ?E, T L ?y _ p1= N.ouxo wATEII ET SUFFOLK COUNTY N. Y. B ]Yw - _ - YMIx !oo ]a ! N. Y. LEA wwu gIFRIC TENN ]EEiI[ TXNN T - - POOL OF ^F lew `O g ]ENTIC TAN. CMM° LEAOIWO POOL LEAONIW POOL ]V~ME.O1lLE IUN ROAD TYPICAL WELL DETAIL TYPICAL SEWAGE DISPOSAL SYSTEM JUL 10 1990 JUN.26,1990 JUN 19,1989 DATE NOV, 15, 1988 YOUNG S YOUI YOUNG a YOUNG y r~Dy 4000 BTRANOER AVE ,4flyjy~g01 TYPICAL P T 50 0 w IDO 400 OSTRANE PLAN ® ALDEN W. YOL ALDEN W. YOUNG, N.Y,S, 0,12845 SCALE 100 HOWARD W. Y( NO, 88 - 0201 THOMAS C. W( HOWARD W. YOUNG, N.Y.S. L.S. LIC. NO. 45893 THOMAS C. WOLPERT, N,Y.S, P.E. LIC, NO. 61483 NF5 60213 -.T-__ UEN i r - 1. Soo NOV -9 PI21 ' T o 60 S D4 S 't'9~~ YflA NCN NOTE CIE" P , ruck AREA ASPHALT DRIVEWAY, STONE DRIVEWAY ALUMINUM NUM SHED ED AND CONCRETE FOUNDATION 2 ~ ENCROACHING ONTO LOT I = 2, ISO S F Nyf C, e f0 -y TON ~Ot I AO 9>z`&. S>402`SO Z m• r 7. f. e(\~ Ydpt°mpNy, i ,~m• 0. S 28 43~ (D F) Or, O( ~ -T' I Gr V _ ,S•~•r+~e 5~ Gg~e ~6~~F 2 i L--4 G LOGATIO[~MAP \ G '6-0e a5~~e`'•`~a4o•4 --7d ~_~~za; `••~~~q:n\ m~f SCALE. I = 600 \ ~,c_`_Eh 56-32 do 7& 4 4 n / d. '-.as-- - L9 Ng'lmpg ,3'' ,TA ,_,A f s~c us. SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES X_ O\ e "°1~. HAUPPAUGE, N.Y. nzT y mm<~k o, SEP 161988 Z \ ~mmmE ~m 25~+:e~m DATE Z 'i>o m Q~HJC .p~,a. ei, - _ 'Ip (mem 0, f W `v[/ ~0q2 c y mm0 o r r (copf r C°YL~Yf o.< i Y~<a fj .p£ \529p ~Ae •pzp e(\Y FNmµ +my mi.~i THIS IS T CERTIFY TH T THE PROPOSO REALTY SUBDIVISION OR DEVELOPMENT O • OJf0. \p(tt~ge\\O °0,~+om YC~i<tY FOR V G IN THE P 63 / L~r~ o ° • pt pt0 +y o °Y~SS O l O / NTH A TOTAL OF -d - LOTS WAS p N s / { ,`aE • p N P mA<r YOC<t APPROVED ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAL A °to`E tT P. Y} 00 b FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT THE O • ( TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT TO ^ p, u36~w' ~\\e1e THOSE STANDARDS. THIS APPROVAL SHALL BE VALID ONLY IF THE REALTY - ~j SUBDIVISION/DEVELOPMENT MAP IS DULY FILED WITH THE COUNTY CLERK WTHIN c~6 ONE YEAR OF THIS DATE. CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS 3?. •O MAP ON WHICH THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE NTH PROVISIONS OF THE PUBLIC HEALTH LAW AND THE D SUFFOLK COUNTY SANITARY CODE. m P " HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURV ACTUAL SURVEYS COMPLETED NOV. 15, 1908 i AND THAT ALL CONCRETE MONUMENTS SHOWN THUS ACTUALLY ~ CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAIL: US ACTUALLY EXIST AND THEIR POSITIONS ARE ODETIC DETAILS ARE CORRECT, - A#, JOSEPH H. BAIER. P.E. DIRECTOR. DIVISION OF ENVIRONMENTAL QUALITY 11 f+ EYv 7 HOWARD HOWARD W. YOU W, N.Y,S. L.5. LIU. N0. 45893 NOTE: TEST HOLE 1. ¦ = MONUMENT FOUND 0'0 2. SUFFOLK COUNTY TAX MAP TOPSOIL Dd' DIT. 1000 SECT, 113 ELK. a LOT 5 SANDYLOAM 3. TOTAL L AREA = 1639 3997 OR 3.764E ACRES "THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPI 1 HAS BEEN APPROVED BY THE PLANNING 4. ELEVATIONS SHOWN HEREON ARE REFERENCED GRAVEL BOARD OF SOUTHOLD BY RESOLUTION OF APPROVAL DATED AL DATED S.6' 5, TO ZONIIN . NG USE SE G. 1M DISTRICT: 1ICTT: : R-00 RESIDENTIAL LOW DENSITY A BY DATE 6 O(j) =FLAG FOUND SAND CHAIRMAN, PLANNING BOARD 17 ,0' NOTE' A DECLARATION OF COVENANTS AND RESTRICTIONS HAS BEEN FILED IN THE SUFFOLK COUNTY CLERKS OFFICE IN LIBERIII08 PAGE 416 THE WATER SUPPLY B SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT COMPLY WITH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT ION //yO OFF-'-HEALTH. M I N Oo \ SUBDIVISION HO o GN .~.S.LIC.N0.45893 ELEANOR SIEVI 3IEVERNICH vxnrcxn LINE AT M AT T I T U C K TOWN OF SOUTHOLC THOLD LOT AREAS; xouae xoexe - LOT UPLAND WETLAND TOTAL I 77409 S.F. 2914 S,F. 80323 S.F. SUFFOLK.-COUNTY N FY , N.Y. WE` B rxi - ,ovix eevnc 2 74 3 7 1 S F 9302 S.F. 4336735.F rSxx °g OCT 16,1996 9 W AUG 4,1998 ce~cx~xo• APR 1,1998 I„~ 4,^~4~i•I uls vou. DEC 4,1992 ~i ~Ai';.s. 45g 3 ,1991 JUL JUN 2,1990 11991Ld FOLAN0 a RO AO JUN 266,1990 pEp p uniu 0 JUN.19,1909 C YOUN@ DATE NOV. 15. 1988 ED 100 4000 21 199 YOUNG oUNG 0 ~ 400 OSTRANDER AVENUE, RIVERHEAD. N.Y, ,hO,d'TC)\A 0EN W. YOUNG, N.Y,S, P.E. 8 L.S. LIC. NO. 12845 SCALE I® SOUttlDld To` 0E" TYPICAL PLOT PLAN NO. 88-0201 Planning $04C RD W. YOUNG. N..S. L,. U. N. 45893 Wing $OMAS C. WOLPERT,Y N,Y SSP ECL CO NO. 61483 60213 i ,1 w I f .a b O 0ygo Y - LSE 4,4,,,8,, NTH CREEK t l } r s S Z ~`oz ro 19 ~4O2S, -1 r-T I et\Y `Oo~o°„v Fs3AS., 28 8'F O F S Gae`2A6 F S 4 T 0 1 ~ G~ °rr 7E !a s- ~0° 36 1 w - ~p 4r ° ..,E 0 0 02, J 1 f ° _..'ea m e G S, 6 LOCATION MAP Gr0 ° cr -+a o~`O~'z-I-____ 2V p'"~y r SCALE -600 o`aE"A6' a3oPe AS, s" G ~t 1 rG~4 , cOHC i? _ 56.y 50" az~° s " c "r ^n E./ rie 936_- a _3a-- ~s+ C~ 1 O N DS' , a v \ / 54 Ho`t 6 / F? N s m as o~,Ew F II 3xT ap32 y x ,ENVE`4 .j" 5~1 P G~ E L°oLE~E ~ _ eaL~o`~`.r \ o`eEx Sh sl c V op O. W. S5 X20 r° f Zg0 SKIT tnK\n , CPS O °'6~ 363 /ca '`°O 01 v(vom 0 .0 el c II CT o E\`el °~HOR1Lm N."ON OM A..".. m 10 , 036 'J LIPS SOaVEY IS ~A,!W OSSNL °E x (j ,KTI°N 7M GY THS New Yowl srAri x °tl`LS,i .,LCYIION LAW P° 11OIHES °r THIS SWVEY -'WP ULAR16`0 D 111 LANO s°OVevoes ANS. Ir L OR wSSW SEAL SHALL NOT of coxsloNUA o el A VALID TRUL COrv _ . m ARANi[ES INOICATEG HESEON SHALL Allx f 1 V i. IN, PIXSON 1011 WHOM THE SHRYEI L41 ncw, AuD ON HIS nmAO r° THL GOVLIIIIMENTAL AGENCY FNO COMPANY. 1 u i] I~ISIIIGiION L19L0 HEREON, AND Hi Af51GNiFS OI TIIE IPNOING INSTI, al-alr. E Nor TRANffFURI " I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ACTUAL SURVEYS CC "1° AND THAT ALL CONCRETE MONUMENTS SHOWN THUS : a ACTUALLY E%IE JAL SURVEYS COMPLETED NOV. 15, 1980 1 ACTUALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE TIC DETAILS ARE CORRECT. " 4 ...ry 4~~~7 1 6 NOTE: HOWARD W.Y HOWARD W. YOU , N Y 5. L5. LIC. NO. 45893 I, ¦=MONUMENT TEST Hole ao 2. SUFFOLK COUNTY TAX MAP TOPSOIL GIST. 1000 SECT. 113 BLN, 6 LOT 5 G s' 3. TOTAL L AREA = 163997 S.F. OR 3.7640 ACRES SANDY LOAN 4. ELEVATIONS SHOWN HEREON ARE REFERENCED a 'THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVE] TO N,G,V,D, (MSL 1929). GRAVEL BOARD OF SOUTHOLD BY RESOLUTION OF APPROVAL DATED BEEN APPROVED BY THE PLANNING TIED 5. ZONING USE DISTRICT: R.s' R-80 RESIDENTIAL LOW DENSITY A SAND BY DATE CHAIRMAN, PLANNING BOARD 170 THE WATER SUPPLY B SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT COMPLY WITH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH. MINOR SUBDIVISION \ I 61 % 1 9 Iwu 4+~! "'1 G N.Y.S. L.S. LIC. N0.45893 HOWARD W. YO ELEANOR SIEVEF PLANNING 50r?RU VERNICH PROPERTY I.E WELL /SEPT GNL - TA. 1NN " YIIN - TOWN OF SOUTHOLD i Y 2'415 2'NYt OLD HOUSE g SLAIN - G110UXO WATER B ]OO ]G R SUFFOLK COUNTY f N. Y. w _ _ 1 ]IOf W LL ARE N. Y. EVfICT1NN g° OL IT. OF NEP, Y N" WGP ]EPIC i1 PAD W. 1-0 ?,F LE1[H WP04 a c.PN MIN an.CRC wean CI O ,r r .y C ueu EemaLE ruuP 0 ROAD TYPICAL WELL DETAIL TYPICAL SEWAGE DISPOSAL SYSTEM .I JUN 19,1989 M-' DATE NOV. 15, 1988 YOUNG 8 Ofi 69 YOUNG 8 TYPICAL P PAN w® 400 OSTRA 400 OSTRA 4w,Fyyl ! AD, N,Y. ALDEN W. YOU SCALE I"= 1001 HOWARD W. YO ALDEN W. YOUN , L.S. LIC. NO. 12845 HOWARD W. YOUNG, N.Y.S. LS. LIC. NO. 45693 NO. 88 - 0201 THOMAS C. WO THOMAS C. WOLPERT, N.Y.S. P.E. LIC. NO. 61483 Nna 60213 ~lyT O~ dhp 71 .1' m f 5 ~ S w w K "Off " SURVEY OF E 00000 . ' PROPERTY AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. Y.~ 1000 - 113 - 08 - 04 Scale 1" = 50` ~r &6~ ZQ "jOlf AREA 36,561 sq. it. Aug. 8, 1989 .r to tie line MAYO - iyyy EQ NANO S[i Southol Town X 2o5Ee~''~cFC2tms Plannin Board c s v AVENUE A.....4~..~..4..~a...,..~ . N, LN. NO 4"M - MEpAY va_ Mb A"°'''"l o Box L mw reaYM n NAM R°A° SOUi/gLD. Nr. 11071 89 - 335