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HomeMy WebLinkAbout1000-69.-3-6 tAW. t-4.-7~'=t~-'ltd "'dY'. -- H-hq. ~:>~T S.'Tl ° 2~q '.?O "~, pi/,., TAX MAP DESIGNATION i000 069.00 BIk. 03.00 Lot(s): 006.002 CONSULT YOUR LAWYIR I!iOII! SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDF. NTURF~ made the ~-,~L/9 day of BE'r~.I:N July , nineteen huadred and ninety-six JOAN A. MANN, (No#) Calves Neck Road, P.O. Box 1438, Southold, New York 11971 party of the first part, and ROBERT BOHN, JR., residing at (No#) Main Road, P.O. Box 563, Southold, New York 11971 party o£ the second part, WITNE,~ETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party o£ the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvcmonts thereon erected, situate, lyingandbein~lhxttM at Southold, in the Town of Southold, County of Suffolk and . State of NewYork, more particularly bounded and described as follows: BEGINNING at a point situate, North 71 degrees 34 minutes 50 seconds West, 25.0 feet westerly from the corner formed by the intersection of the. easterly side of Griswold Street and the southerly side of Terry Court; RUNNING THENCE along other lands of Russell E. Mann and Joan A. Mann, South 16 degrees 48 minutes West, 297.17 feet to land now or formerly of Akscin; THENCE along said land the following two (2) courses and distances: 1. North 73 degrees 12 minutes West, 124.75 feet to a monument; 2. North 72 degrees 46 minutes 10 seconds West, 163.11 feet to a point and other land of Mann; THENCE along said land North 17 degrees 13 minutes 50 seconds East, 304.08 feet to the southerly side of Terry Court; THENCE along the southerly side of Terry Court, South 71 degrees 34 minutes 50 seconds East, 285.68 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the grantor herein by Deed dated 1/21/88 recorded 3/4/88 in Liber 10554 cp 308. TOGETHER xvith all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the aboye described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate anti'rights of the party of the first part in and to said premises; TO HAVE-AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. 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 fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the Imyment 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 wrrNE.~ WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: oan A 12ann k 11785 1440 COVENANTS AND RESTRICTIONS 1. No dwelling shall be erecled having less Iban 1500 square feet of interior living _area. 0~x!h~>gl'R~olkflRo~ Each dwelling sh:dl have a basement of concrele block or poured cement. As Io any atlacbed garage, the entrance shall not face lire street in lite front of lire residence. 2. No above-grotmd swbnming pools shall be erected or maintained on any of lite said lots. 3. All plans and specifications for construction shall be subject lo the approval in writing of tile declaraut, wlficb approval shall not I)e nnreasonably withheld. There slmll be no inslallation of a "mobile-type" or "modnlar" borne on any lot. 4. No commercial vehicles, recreational vehicles, trailers, or campers shall be kept in tile front of any lot. Any boat stored on the premises is to be stored along Ibc rear lille of Ihe plot, if not garaged. 5. No more tbaq two household pets shall tie ,naintained on the premises by any lot owner. A horse is ,tot deemed to be a household pet., .9~. gba~!l., no~.be...per, mt.tted.._ 6. No fences, either natural or man made, shall be erected or maintained~on any lot in excess of four (4) feet in height, llowever, no fences whatsoever shall b6 crated or grown ill that area of tile front yard of each plot which is forward of a line . established by extending tile front line of each house to each side line of lite plot. ~Each corrter lot shall for these pnrposes be considered to have a front yard on each street. 7. No title in and to tire bed of the roads is to be conveyed to the lot purchasers. The grantor relams Ibc said title and the right to dedicate and convey tire said lille to the Town of Soutbold, as the developer at his sole discretion shall determine. 8. No accumulation of rubbish, garbage, jnnk or materials of any kind shall be permitted to remain on said prenfises. No advertising signs, billboards or other sign devices shall be permitted on any of said lhe lots, excepting a developer's sign of reasonable'dimensions, or a "for sale", "for rent", or "professional office" sign not larger than 12" x 24'. ; 9. No sand, earth or sod shall be removed £ronl tile preufises, or excavation be allowed lo remaiu open thereon,lexcept as may be necessary during bnilding conslruction periods. Individual lot grading shall be completed before occupancy. After construclion, lawn and landscaping shall be installed and maintained thereafter in an attractiv6~lnanner. 10. No clothes lines shall be permitted except in tile rear yard area. 11. Any of tire restrictions, covenants and conditions contained in tiffs Declaration may be modified only by a majority or tbe lot owners of lids minor subdivision. 1996 HOLD Southold, N.Y. 11971 (516) 765-1938 March 10, 1987 Mr. Russell E. Mann P.O. Box 1438 Southold, NY 11971 Re: Minor subdivision for Russell E. and Joan A. Mann Dear Mr. Mann; The following action was taken by the Southold Town Planning Board, Monday, March 9, 1987. RESOLVED that whereas a formal application for the approval of a subdivision plat entitled "Russell E. and Joan A. Mannlocated at Southold was submitted to the Planning Board on January 14, 1983 and, WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on Monday, February 23, 1987 at 7:45 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of Russell E. and Joan A. Mann for approval of said subdivision plat prepared by Rod Van Tuyl dated as amended July 29, 1983 be approved and the Chairman be authorized to endorse approval on said subdivision plat, subject to the following condition within six months from the date of this resolution: 1. Receipt of the executed agreement with the Village of Greenport for the utlities. If you have any questions, please don't hesitate to contact our office. Mr. Russell E. Mann Page 2 3/10/87 Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary 3. 4. 5. 6. 7. o 11. 12. MINOR SUBDIVISION 6 copies sketch plan received ~J~ spot elevations .~~ sent to Planning Board ~pP Neet with Planning Board Required changes sent in writing New submission received Approval of sketch plan Sent letter with resolution approving Application and fee If corporation, affidavit of ownership 6 copies o~ final map Covenants and restrictions Description of property Note on plat that sanitation ans water facilities meet County Board of Health specifications Developer attend meeting (official submission) Public Hearing (within 45 days) Advertised Affidavits of publication received Action by Planning Board (within 45 days) Sent to County Planning Commission Received County's recommendations Filed covenants and restrictions received Authorization and signing of map T LD Southold, N.Y. 11971 (516) '765-1938 February 11, 1987 Mr. Russell E. Mann P.O. Box 1438 Main Road Southold , NY 11971 Re: Minor subdivision for Russell E. and Joan A. Dear Mr. Mann: Mann The following action was taken by the Southold Town Planning Board, Monday, February 9, 1987. RESOLVED that the Southold Town Planning Board reaffirm the sketch map approval to the minor subdivision of Russell E. and Joan A. Mann located at Southold for 4 lots on 8.3 acres and schedule a public hearing on the question of approval for February 23, 1987 at 7:45 p.m. at the Southold Town Hall. Enclosed is a copy of the legal notice for your files. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. Legal Notices LEGAL NOTICES Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Hall, Main Road, South- old, New York in said Town on the 23rd day o£ February, 1987. 7:30pm Approval ofthe final Deborah Edson located at Cinch- scribed as follows: _, f~n, or subdivision of Russell E. Northeasterly corner of other land el Russell E and Joan A. Mann; running thence N. I~48'00' East, 29717 feet to fbrmerJy or Diller, and passing ' STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Carolann Sqarlata ofGreenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the ]. 2 day of ~, ....... 19--~-7 ,/Principal Clerk Sworn to bef o~.~e~,,?e this ~ 19~_~ // / MAYOR GEORGE W.HUBBARD TRUSTEES JIANNEM COOPIR GAILF IJORION DAVIDE KAPELL WILI. IAMH LIEBLIIN SUPT. OF UTILITIES JAMES I.MONSELL [/i///afl, e o~ 236 HtlRDSTRFFF GREFNPORT, SUF} O[K COUNIY NIW YORK 11944 UTILITY OH'ICE IFL, f516) 477-1748 POWER PLANT TEL. (516) 477-0172 June 22, 1987 Mr. Bennett Orlowski, Jr. Chairman, Southold Town Planning Board Main Road Southold, New York 11971 Dear Mr. Orlowski: Enclosed is a copy of the contract between the Village of Greenport and Russell E. Mann and Joan A Mann for water service to a minor subdivision located in Southold. If I may be of further service, please contact me. Very truly, yours, domes I. Monsell Superintendent of Public Utilities JIM:hr Eric. cc: Russell Mann WATER SUPPLY AGREEMENT 3~ _/.~__~ by and between AGREEMENT made this /~7 day of ~ Village of Greenport, a municipal corporation in Suffolk County ha% ts office and principal place of business at 236 Third Street, Gre ~ort, New York, herein called the "VILLAGE", and Russell E. Mann an Ioan A. Mann , residing at P.O. Box 1438, Southold, N.Y. 11971, her walled the "OWNER". WHEREAS, the OWNER is desirous of securing a supply of water f project to be developed at the property shown on a map and pre- lminary site plan; and WHEREAS the OWNER is willing at its cost and expense to lay an nstall or cause to be laid and installed the water mains, hydrants ittings and valves described on the map and preliminary plan and .ransfer and convey same to the.VILLAGE upon completion and, if. ~ecessary, to give and procure easements for the maintenance of the ins and the hydrants; and WHEREAS, the VILLAGE is willing to supply the OWNER with its ~equested water allowances and the parties have agreed upon the ter~ ~nd conditions for the supply of water and other matters; and WHEREAS the OWNER is the owner in fee of certain premises whic )remises are shown generally on a map and preliminary plan annexed ~ereto, made a part hereof and marked Exhibit "A", and entitled Ske 'lan of Minor sub-division on map of property surveyed for Russell Lnd Joan A. Mann at $outhold, Suffolk County, New York; and ! OF /o WHEREAS OWNER is about to commence a development known as~the nor Sub-division of Russell E. and Joan A. Mann and wishes to ,nstruct water mains and install hydrants on the certain rights of on a certain map entitled Sketch Plan of Minor Sub-division on ~t Southold, Suffolk County, New York consisting of one drawing, wh re attached hereto, made a part hereof, and marked Exhibit "B", an o connect with the Village Water System marked Exhibit "C" in conf~ with the Contract and Specifications for Furnishing and ~stalling Water Mains and Appurtenances, and as may be amended fro £me. to time during the course of construction of the project com- known as Sketch Plan of Minor Sub-division of Russell E. and 'oan A. Mann, NOW, THEREFORE, in consideration of the lerein, it is mutaully agreed as follows: premises and covenants FIRST. OWNER will install at its own cost and expense, water for supply and distribution, throughout the subdivision as mor Gully set forth in paragraph SEVENTH herein. .. SECOND. Locations of all mains, hydrants, and appurtenances a hown on a copy of the map entitled Sketch Plan of Minor Sub-divisi, n map of property surveyed for Russell E. and Joan A. Mann at ~outhold, Suffolk County, New York THIRD. All necessary engineering work, trenching, laying, oining, backfilling shall be done by OWNER and shall sometimes ~ereinafter be called the "WORK". ~ ~ , FOURTH. The VILLAGE will supply the hydrants for installation he locations shown on said map. OWNER will reimburse the VILLAGE ~11 hydrants located within the subdivision. FIFTH. Payment shall be made upon delivery for hydrants and 2he costs of the delivery of the hydrants to the site by the VILLAG Phe VILLAGE shall deliver the hydrants to the site at a time ~ppropriate to the expeditious completion of the work provided the ;ILLAGE is given no less than 21 days notice, and subject to the ~vailablity of the hydrants from the suppliers to the VILLAGE. SIXTH. Until such time as rental for such hydrants is assure md paid for by the Southold Fire Protection District, OWNER will p ~nnually to the VILLAGE such rental time being paid by such District Ln~the District. SEVENTH. The ]ydrants shall be for such hydrants as is from ti to the VILLAGE for other hydran standards for the installation of the piping and in accordance with the following specifications: (1) polyvinyl chloride pipe (AW-WA Spec. C-900) Class 150 or equal w )ush-on joints/couplings and underground metallic warning tape or :ement-lined ductile iron pipe (AW-WA spec. C151-76) class 150, or equal. Any pipe and all joints and parts of the system must be abl to stand pressure of not less than 150 pounds per square inch. The ~ain shall be installed 13 feet from the property line and must be ~hlorinated to Health Department standards. EIGHTH. The VILLAGE will supply without charge to OWNER suf- ficient water to make essential tests and to leave the system on fi mpproval completely sanitary,.said supply to be not less than 160 per square inch. NINTH. The WORK shall be inspected by the VILLAGE which here] ares its Superintendent of Utilities or his designee full'powe ~f inspection hereunder. OWNER will grant complete freedom of acces ~11 parts of the premises and the WORK for inspection. The VILLAGE ~ill have an authorized inspector at the site at all proper times ~s not to delay the work. No work not passed by the inspector wil )ted by the VILLAGE. No backfilling shall be done until the pi the work in the trench has been approved and tested by the~ inspector. ~ ~TENTH. OWNER will, and by this agreement does, upon approval the completed work, which the VILLAGE will indicate to the OWNER in g, dedicate the mains to the VILLAGE, and does hereby grant a ~onvey to the VILLAGE an easement and right of way for the purpose laying, relaying, repairing, operating and maintaining water mains supply and distribution, and appurtenances, including domesti. 3ervices and fire hydrants in the full length and width of the now sr existing public or private streets in the premises as the attached map. The rights of way and easements shall also ext five feet on either side of the mains to be laid pursuant to this ireement, whether or not such distance shall be within the roadway mains and appurtenances and the rights of way and easements sba be deeded to the VILLAGE its successors or assigns, and shall forev remain the property of the VILLAGE, its successors or assigns. The rights of way shall be over the lands herein described and marked ibit "E". ELEVENTH. )ther easements The easements herein granted are not exclusive~ and in said streets may be granted by OWNER to other pe 3OhS or corporations maintaining public services throughout the der [opment, provided that no other mains are set within two feet .nternally of the water main and no poles are set into the ground ithin two feet either side of a line on the surface directly above he mains. If a gas, sewer or other main or service necessarily crosses the water mains, OWNER will advise the VILLAGE in writing o he exact location of the intersection forthwith upon installation ~hall supply maps to the VILLAGE showing the exact locations. Said Lntersectlon shall not be permitted without prior written consent the VILLAGE. TWELFTH. If OWNER contracts with a third party for the WORK, a ~he parties contemplate will be the case, the VILLAGE will examine ,roposed contract, plans, and specifications, and promptly furnish and the third party contractor with a written statement of Dart, if any, of the WORK proposed in such contract should be revls ~o insure approval by the VILLAGE. The VILLAGE will not require an abnormal conditions, unless the situation at the site shall require them. THIRTEENTH. Upon completion, inspection and approval the VILL; will supply water to the development and the owners of the lands t~erein at the rates and pursuant to the rules and regulations of VILLAGE in force from time to time. FOURTEENTH. The parties understand that final approval of the ~ubdivision map has not been given by all necessary public authori- 5les. The VILLAGE enters into this agreement to assist OWNER in ~ecuring such approval, and by way of contractually assuring to OWN1 )ublic water supply, if such subdivision approval is secured. FIFTEENTH. A one inch (1") service line shall be installed to ~ach lot, with a curb stop near the property line. This installati .s under the direction and supervision of the Greenport Water Department. SIXTEENTH. The VILLAGE requires a cash contribution of two ~housand five hundred and seventy dollars ($2570.00) per dwelling u~ 5o be placed in the VILLAGE'S Water Department Reserve Fund to hel 'ain new production supply, so as to assure OWNER of future upply. It is contemplated by this contract that the OWNER anti¢ipa~ :onstruction of 4 dwelling units. Upon execution of this agreement :he OWNER shall deposit with the VILLAGE the sum of twenty-five hundred dollars seventy dollars ($2,570.00) times 4 dwelling units the total of Ten thousand two hundred and eighty dollars ($10,280. in bank or certified check. This per dwelling unit amount may be ~mended from time to time, depending on findings by the VILLAGE'S c~ ~ulting engineers, Holzmacher, McLendon and Murrell, P.C. or their ~uccessors and upon approval by the Village Board of Trustees. In :he event that the per dwelling unit cost is increased or decreased )etween the execution of this agreement and the application for wat( :he OWNER shall pay the VILLAGE, upon application for water, the di ~erence between the per dwelling unit amount specified herein and t · 3er dwelling unit amount required by the VILLAGE at the time of the ~pplication of water times the number of dwelling units covered by 3aid application. Said payment shall be in bank or certified check ~nd shall be paid to the VILLAGE prior to any hook-up for water. I~ ;he event that the OWNER does not complete the project as contemDla' 3¥ this agreement or does not make application for the full number ~welling units alloted or specified herein, the VILLAGE shall keep ~unds so deposited by the VILLAGE as the sole exclusive property of ~he VILLAGE and the OWNERS shall have no claim thereon. SEVENTEENTH. The WORK contemplated by this agreement shall be ~ompleted within 24 months of final approval of plans by the Town o ~outhold, or within additional periods of 24 months each, however, is.hereby mutually agreed and understood that all specifications in ~eference ~to materials used for the construction of said system, th~ ~ORK to be completed, and/or water to be supplied shall be changed ~onform with the then current standards as set by the VILLAGE of ]reenport Utility Department, its successor, or its authorized agen ~t each such interval. EIGHTEENTH. The OWNER agrees that upon completion of the work ~ccordance with any contract made pursuant hereto, title to the mai~ lydrants, valves, and fittings so installed and laid shall be deeme~ ~edicated to the VILLAGE, and the OWNER shall in confirmation of 3uch passage of title, execute an instrument transferring and ~ssigning to the VILLAGE the title, free.and clear of all encumbran :es or liens to the mains, hydrants, valves and fittings so laid an. .nstalled and if required by the VILLAGE shall procure from all per ~ons having an interest in the land in which said mains lie a prope ~asement in favor of the VILLAGE for the perpetual maintenance, rep ~r replacement of said mains and fittings including the right to ~xtend the mains and to connect them with other mains to be laid by mder the supervision of the VILLAGE. The instruments so executed 3hall be in recordable form. NINETEENTH. The VILLAGE agrees that when the installation, laying of the mains, valves, hydrants and fittings has been complet, · 3ursuant to the terms of this agreement, and proper easements have 3een given, all as hereinbefore provided, the VILLAGE will accept t ~ssignment and conveyance of ~nd maintain them thereafter ,ains subject to conditions, the mains, valves, hydrants and fittin, and supply water to consumers along th~ rules and regulations of the VILLAGE. TWENTIETH. Should the OWNER desire to lay the mains in sectio~ 3eparate construction contracts may be let for such sections provid 2he extent of such separate sections shall be in the opinion of the ;ILLAGE sufficient to warrant a separate consideration. TWENTY-FIRST: This agreement contains the complete agreement b~ ~een the parties for the acquistion by the VILLAGE of the mains, lalves, fittings, and hydrants hereinbefore described and the OWNER ~grees that it will not make any claims against the VILLAGE on acco~ the installation of the mains, valves, fittings or hydrants and ~ooeptance of the terms of this agreement, notwithstanding the prov sions of any general or special law to the contrary which may or ma' ~ot be enacted. TWENTY-SECOND. This agreement shall enure to the benefit and shall bind the respective heirs, legal representatives, successors ~ssigns of the parties hereto. TWENTY-THIRD. This agreement shall not be assignable by the ]WNER without the consent in writing of the VILLAGE, which consent shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties have executed this agreement four (4) counterparts, all of which shall constitute originals, the ~ay and year first above written. ~TTEST= Clerk VILLAGE OF GREENPORT Ge6r~Wi Hubbard, Mayor . ../~oan A. ~TATE OF NEW YORK ) ) SS.; ~OUNTY OF SUFFOLK ) /~ On the /6~day of~, 1987, before me personally came ]EORGE W. HUBBARD, to me known, who, being duly sworn, did depose say that he resides at No. 178 Central Avenue, Greenport, New York [1944; that he is the Mayor of the Incorporated Village of Greenpor :he municipal corporation described in and which executed the [oregoing instrument; that he knows the seal of said corporation; :hat the seal affixed to said instrument is such corporate seal; th it was so affixed by order of the Board of Directors of said cor- )oration, and that he signed his name thereto by like order. NOTARY P~LIC ~TATE OF NEW YORK, COUNTY OF SUFFOLK On the /~/~day of January, 1987 before me personally came ~ussell E. Mann to me known to be the individual described in ~nd who executed the foregoing 3e executed the same. instrument, and acknowledged that ~worn to beforem~-tq~is day O~l~y, 1987 iotar~ublic ~TATE OF NEW YORK, COUNTY OF SUFFOLK On the/~day-- of January, 1987 before me loan A. Mann to me known to be the individual executed the foregoing instrument, the same. / Sworn to before me this day of J~huary, 1987 / / Notary/Public Camm ~sion Ex~ir~s ~,arcl~ 30, personally came described in and who and acknowledged thatJhe execute MARY DIANA /OSTER NOTARY PUBLIC, State of NeW Yofl I'1o. 52 4655242. Suffolk County Cmnmissio~] J{xpi~s ~.t~rch 30, 1~ ~0~0 o~. ~'illage of Greenport Water Department Water Main Extention Minor Subdivision Southold - Russ Mann Scal~ 1" - 100' i l/i 0186 ,!. i.N. S~TY Southold, N.Y. 11971 (516) 765-1938 Robert Brown Sidney and Bowne and Son Hauppague, NY 11787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Applicatior[ of (Major subdivision, minor subdivision, site plan) Hamlet MATERIAL SUBMITTED: File # Sketch plan / Preliminary map.__ Street Profiles Grading Plan Preliminary ~e plan Final Map Suffolk County Tax Map No. Other Very truly yours, - I. ~ ~ '~'~ENNETT ORLOWSKI, JR. ,CHAIRMAN SOUTHOLD TOWN PLANNING BOARD LEGAL NOTICES Notice of Hearing NOTICE IS HEREBY GIV-.~ EN that pursuant to Section 27~ of the Town Law, public heali~ ings will be held by the Southold Town Planning Board at the Town Hall, ,~.q~iain Road, Southold, Ne~i~rk in said Town on they. d day of February, 1987 ¢nthe question of the following: 7~.30 p.m. Approval of the final maps of the major subdivi- sion of Deborah:Edson located at Cutchogue, id the Town of Southold, County of Suffolk and State of New c¥ork bound- ed and described ~s follows: BEGINNING at a monu- ment set in the 'NOrtheasterly side of Depot Lane where same is interseeied by the Southeaster- ly line of premises conveyed to Marian Columbus Club, Inc., Liber 6055 of deeds, page 97; thence lq. 45°51'30' East alonj or foram~ .~., Z~*~i; thence S. $8°59'$0· East, along said land of Zeneski, 1,175.57 feet to landBialecki;nowthel{c~0~ [ormarly,, of West; along land.ow or formerly of Bia'l,~,.~.'i and Kapusta, 467,72 fe~to the North easterly s de ,0.~Depot Lane; thence Nor~terly alon~ the Northeasterl~ide of Depot Lane, the following three (3) ~COUrSes and distances: (1) N. 39'$~.0.: West, 20[84 feet; (2) N. $8~;40~ West, 610.76 feet; 3 N~ % ' ( ) .~ 13 30 West, 381.87 feet to the point or plac~ of BEGINNING. Containing ~i. n335 acres. . :45 p.m.s..~ppmval of the Or subdi~ion of~Ru*sell E. Joan A. 'Mann' i°Cated at Southold, in the Town of Southold, County of Suffolk, State of New York and boumt- · ed and described as follows: BEGINNING at a point on the westerly side of Terry Court where same is intersected by the Northeasterly corner of other land of Russell E. and Joan A. Mann; running thence N. 16°48~00'' East, ·297.17 feet to land now or formerly of Akscin; thence along said last mention- ed land the following three (3) courses and itistances: (1} N. ~$ °12'00" West,:124;75 feet to a monument; (2) N. 72°46'10'' West 474.11 feet to a monument; (3) S. $0°$7'00' West 150.07 feet to a monument; thence N. 42°49~$0'' West still along land now or formerly of Akscin and along land now or formerly of Diller, and passing through a monument, 402.77 feet; thence N. 18008'50° East along last mentioned land, now or former- ly of Diller, 260.58 feet to a monument on the Southerly side of the Long· Island Railroad; thence N. 69°12'10'' East along the southerly side of the Long Island Railroad, 194.68 feet to a monument and land now or formerly of Zgombic; then S. 60°26'00" East along the last mentioned land, 307.09 feet to a monument on the westerly side of Glover Street; thence S. 21°54 ~00" West along the wester- ly side of Glover Street, 17.12 feet to the corner formed by the intersection of the westerly side of Glover Street and the southerly side of Terry Court; thence along the southerly side of Terry Court the following two courses and distances: (1) S. 61°15'20' East, 243.57 feet to the point or place of BEGINNING. -. Containing 10.396 acres. Any person desiring to be · Dated: February 9, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT GRLOWSK1, JR. CHAIRMAN 1T-2/12/g?~50) COUNTY OF SUFFOLK SS: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for .................... ./ ...... weeks successively, commencing on the .......... /. ~-. ......... Sworn to before me this .......... /..~Z. ~ ..... day of ......~ ........ 19. ?..? Notary Public BARBARA FORBES lqotary Public, State of New York No. 4806846 Qualified in Suffolk County Commission Expires ~ MAYOR GEORGE W. HUBBARD TRUSTEES JEANNE M. COOPER GAlL F. HOR~ON DAVID E. KAPELL WILLIAM H, LIEBLEIN SUPT. OF UTILITIES JAMESI. MONSELL 236 TItlRD STREET GREENPORT. SUFFOLK COUNTY NEW YORK 11944 February 28, 1986 UTILITY OFFICE TEL. (516) 477-1748 POWER PLANT TEL. (516) 477-0172 Mr. Russell E. Mann P. O. Box 458 Main Road Cutchogue, New York 11935 Dear Russ: At the regular meeting of the Board of Trustees, held on December, 19, 1985, approval was given for your request to be served by public water from the Greenport Water Supply to a minor subdivision in Southold. The Village will prepare a contract for your review. If I can be of further service, please call. Very truly yours, James I Monsell ~ Superintendent of Public Utilities JIM:hr cc: George Hubbard, Mayor JOhn Munzel, Attorney FEB 8-t985 660 0akwood Drive Southold, N.Y. 11971 January 29, 1985 Planning Board Town of Southold Main Road Southold, N.Y. 11971 Gentlemen: I refer to the minor subdivision of Russell E. and Joan A. Mann, located in Southold. I have been attempting to get a eommitment from Greenport Utilities regarding the availability of water for this subdivision ever since I re- ceived your letter of July 13, 1983, (eopy enclosed). I expect to have a commitment from Greenport Utilities in the near future. I forwarded to you six (6) copies of the final map and a check for / $100.00 on July 18, 1983. I hereby apply for an extension. Very truly yours, Russell E. Mann RE~/lec fEB $- t985 HENRY E. RAYNOR, Ir., ChaD'man lAMES WALL BENNETT ORLOWSKI, .Ir. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 July 13, 1983 TELEPHONE 765-1938 Mr. Russell Mann 660 Oakwood Drive Southold New York 11971 Dear Mr. Mann: The following actions were taken by the Southold Town Planning Board, Monday, July ll, 1983. RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of Russell E. & Joan A. Mann, located at Southold. An initial determination of nonsignificance has been made. RESOLVED that the Southold Town Planning Board approve the sketch map of the minor subdivision of Russell E. & Joan A. Mann, located at Southold, dated July 9, 1982 and revised June 16, 1983. Please forward six (6) copies of the final map to our of- fice for referrals to state and county agencies. (see enclosed list of requirements) We would also request that you submit the filing fee in the amount of $100. Upon compliance with Article 6 of the Suffolk County Department of Health Services, we will schedule a date for a public hearing. Enclo Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan ~. Long, Secretary SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF' HEALTH SERVICES ri&viD HARRIS. M.D.. November 1, 1984 Mr. Russell E. Mann 660 Oakwood Drive Southold, New York 11971 Re: Proposed Subdivision of Mann, (T) Southold (SCTM 1000-069-3-6) Dear Mr. Mann: Your request to appear before the Board of Review of the Suffolk County Department of Health Services has been received. The review of this case has been scheduled for November 16, 1984 at 11:30 a.m. in the Suffolk County Department of Health Services Conference Room, 2nd floor, North Wing, County Center, Rtverhead. You and interested parties are requested to appear, with or without counsel, and you may produce any information or evidence concerning the above referenced property. Very truly yours, Robert A. Villa, P.E. Chairman Board of Review RAV:cah cc: Mr. James L. Corbin Mr. Paul J. Ponturo, P.E. Mr. Royal R. Reynol ds, P.E. Mr. Charles G. Lind / Town of Southold Planning Board COUNTY CENTER (516) 548-3317 DEPARTMENT OF PLANNING ~OUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE: OCT !! REC'D October 6, 1983 Mr. Henry E. Raynor, Jr., Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 Re: Minor Subdivision - Russell E. & Joan A. Mann Westerly side of Main State Road, New York State Route 25, approximately 297 feet southerly from Tuckers Lane, Southold, New York. Dear Mr. Raynor: The Suffolk County Planning Commission at its regular meeting on October 5, 1983, reviewed the proposed subdivision plat entitled, "Minor Subdivision - Russell E. & Joan A. Mann", referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to approve said map subject to the following three conditions. This subdivision proposal is subdividing a 10.396 acre parcel into five parcels. Therefore, this subdivision is not a minor subdivi- sion but a major subdivision and, as such, is to be filed in the County Clerk's office in accordance with the provisions of Section 335 of the Real Property Law. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. Said requirement shall be noted on the map filed in the County Clerk's office. No approval shall be granted to this subdivision unless the subdi- vider can show that Lot 4 can meet the requirements of Section 280a of the Town Law or that he has obtained relief from this require- ment from the Zoning Board of Appeals. Very truly yours, Lee E. Koppelman Director of Planning File: S-SD-83-13 CGL:jk Encl.: Map VETERANS MEMORIAL HIGHWAY HAUPPAUG£. L.I.. NEW YORK 1 I ?EIB (516) 3~0-5192 Charles G. Lind, Chief Planner Subdivison Review Section HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSK[, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 NEGATIVE DECLARATION September 26, 1983 TELEPHONE 765-1938 Pursuant to Article 8 of the Environmental Conservation Law State Environmental 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 the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Russell E. & Joan A. Mann is a four- lot subdivision located at Southold. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Conservation it is assumed that there is no objection- nor comments by that agency. The Suffolk County Department of Health Services has stated no objection to lead agency designation and is in agreement with the initial d~termination. There is no record of application and test well data and test hole data is needed. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Mrs. Susan E. Long, Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 Copies mailed to the following: Robert Flack, DEC Commissioner NYS, DEC at Stony Brook Suffolk County Dept. Health Services Suffolk County Planning Commission William R. Pell, III Russell Mann, applicant COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENTOFHEALTHSERVICES DAVID HARRIS, M.D.. M.P.H. To Dear /2~. /~,~,-~,~...._ We are in receipt of your letter dated/~/~7-2~,,/~,cOncerning~--' the above referenced project. ~-~] 1. This Department has no objection to your designation of lead agency status. ~ 2. This Department is in agreement with your initial determination. ~ ........~ 3. This ~partment does not agree with your initial dete~ination. See Co~ents. 4. Insufficient information is available for technical comments. 5. There is no record of an application to this Department. A more accurate project location is needed. (Suffolk County Tax Map #) Test well data is needed. Test hole data is needed. Other: COUNTY CENTER RIVERHEA{:~. N.Y. I 1901 6. This Department has received an application and it is: Complete Incomplete Other 548-3318 appears that the project can~served by: Sewage Disposal System ' Sewer System and Treatment Works ' Subsurface Sewage Disposal System(s) ----! Other: Water Supply System i____]' A Public Water Supply System i : Individual Water Supply System(s) I'---i Other: 8. Approval of other Agencies may be required: Department of Environmental Conservation (NYSDEC) Army Corps of Engineers (USACE) Town or Village Other: [___'1 9. Comments: Thank you for coordinating with this Department and if you have any questions please contact the undersigned. ~, ~, Name ~-~ ~ ~'"'~ · ~.r Phone .~r~ ~3}~ PAINE WEBBER JACKSON & CURTIS JUL 18 REC'D RUSSELL E. MANN BOX 1438 SOUTHOLD, N.Y. 11971 516 765-3019 GARDEN CITY, NEW YORK 11530 516 747-5180 212 895-3232 Southold, N.Y. 11971 HENRY E. RAYNOR, Jr., Chab'man JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. TELEPHONE 765-1938 July 13, 1983 Mr. Russell Mann 660 Oakwood Drive Southold New York 11971 Dear Mr. Mann: The following actions were taken by the Southold Town Planning Board, Monday, July 11, 1983. RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of Russell E. & Joan A. Mann, located at Southold. An initial determination of nonsignificance has been made. RESOLVED that the Southold Town Planning Board approve the sketch map of the minor subdivision of Russell E. & Joan A. Mann, located at Southold, dated July 9, 1982 and revised June 16, 1983. Please forward six (6) copies of the final map to our of- fice for referrals to state and county agencies. (see enclosed list of requirements) We would also request that you submit the filing fee in the amount of $100. Upon compliance with Article 6 of the Suffolk County Department of Health Services, we will schedule a date for a public hearing. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Encl. HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI..Ir. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 August 23, 1983 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, New York 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the minor subdivision of Russell E. & Joan A. Mann, located at $outhold. This project is unlisted and an initial determination of non-significance has been made. We wish to coordinate this action to confirm our initial determination in our role as lead agency. May we have your views on this matter. Written comments on this project will be received at this office until September 7, 1983. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental' Quality Review Act. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary cc: Department of Health Service~ -------~) In order to ons¥1cr thc questlons in this short EAF it &s ~ssum additional siudie~ re:;corch or o~her invesligotions will be underloNen. (b) ]¢ any ques(ion has been ons~¢ered Yes the p~oject may significeni and o compleled Envlronm~nial Assessmenl Form i.s necessary. (c) If o1~ ques[ions hove been onswere~ Ho il is likel'y lho~ this project is pot 5Sgnificont. (d) Environm=nlal Asser. srnenl . ~- ~?%~:'o.~ec~ resui~in o large physical change ~o ibc projecl sile or p6ysico%ly olle~ more tnr:n ~0 acres of land? .................... .,, Yes 2. f/ill there be o major c:,ang~- ' ~ ~o any unique'ge · ur,usual land form found on t~e si(e? ....... yes.No 3. ~?iil p~oject oller or here a large' eFfecl j~ existing body oF ~ot~r: .................... Ye 4. ~'lill p=oject hove o potantiol!~ large impo~ -. ' '' 5. Lzll projec~ szgn~f~ccnily eff'e~t ~e ' '- flo~'t on adjacent sites? ................... Yes ~o &. ~'/ill project off ecl on)' threatened or ~ ' - ' endangered plant or animal species? ......... Yes ~No 7. Will projezt result in o rn~jor ooversa e~feC'l~-= ' ' on air quality?. · ' : Yes'~No g. ~'Iill project have o major e~fact on visual ch,:racier of the community or scenic vicars .~o., Pnovtn ia:be: imporlont lo the community?_ yes ~No 9. I'/ill projecl adversely impact any site or .. structure of hisloric~ prehistoric of poleonto!ogicol importance or any site " dasignoLad os o crifico! environmental area ]0. ~'/ill project hove a major affect on existing '~ - or fu[urc recreational opportunities? ......... Yes ~o 11. ¥Iil! project result in .major %rc~fi'c problems ~ oK couna o major e~fecl to existing ironaportol/on :ystem~,? ....................... Yes ~o 12. ¥/ill project .regularly cause objealloneBle - odor~, noise, glare, vibration, or etectricoI diuturbonce os o rcsu!t of the projecl's operation° ... - . · pro ec~ ~ove on)' iu:poc~ on pu ) c ~e~ F o~.sa e'~ .......................... Ye - p o ac a ac na ex s nq~ community by ~ directly causing o gro'.tth in permoncnl populolion of more t~%on 5 perceg~ over o one yeor period or }lave o meier mcOolive on [be choro~tcr o~ ih~ community or neiDhb°rh°°d? ................................. Yes ~o ]5. ]~ [here public controversy cor, ccrnino thc p~'oj~cl? ...................................... Yes REPRESEIIT lNG _1 ' - OB Sgt!!Jg.O,! D Southold, N.Y. 11971 HENRY E. RAYNOR, Jr., Chairman ,lAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. William F. Mullen, Jr. Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 August 23, 1983 TELEPHONE 765- 1938 Gentlemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: (Map of) (Minor Subdivision) Russell E. & Joan A. Mann Hamlet Southold Tax Parcel Identifier No. 1000 069 3 6 Material Submitted: Minor Subdivision - Class A(3 copies) X Class B (2 copies) Major Subdivision (3 Copies) Preliminary Map (1 copy) ; Topographic Map (1 copy) X ; Darinage Plan (1 copy) ; Street Profiles (1 copy) ; Grading Plan (1 copy) ; Planning Board Res. (1 copy) ; Other material (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet Comments: X Very truly yours, Henry E. Raynor, Jr., Chairman WAIVER OF SUBDIVISION REQUIP~EMENTS (Map of) (}tinor Subdivision-) Russell E. & Joan A. Mann Hamlet or Village Southold Town Southold The following items normally required as part of the subdivision applica- tion have been waived. Check, as required. Preliminary Map Street Profiles Other (describe) X Topographic Map Drainage Plan X X Grading Plan X Lands'cape Plan X Reas on: l) Minor Subdivision a) Not required by subdivision regulations X b) Subdivision of lot on an existing improved filed map c) Other (describe) 2) Major Subdivision a) No new drainage structures and no changes in existin, g drainage proposed X b) No new roads and no changes in existing roads Proposed c) No major site clearing and grading proposed X X d) Other (describe) M-3361 TTGC T1282- 1526 DIS]'. 1000 069,00 03.00 LOT 006. O0 Tf~S INDENT~RF~ made the ~ ~flay of S epte~er , nineteen hnndred and Ei~ty-~o, BE~ RE~SE~R G. ~Y, ~., residi~ at 285 Oakla~ Avenue, Southold, New York 11971, . as executor HAROLD E. GORDON, Main Road, Southold, New York who died ~ thel2th day o~ August party of the first part, and flxe last will and testament of , late of 11971, ,ninetecnhundred andS eventy-nine, RUSSELL E. MANN and JOAN A. MANN, his wife, both.residing at 660 Oakwood Drive, Southold, New yOrk 11971, as tenants-~n~ommon with Joan A. Mann having a fourteen (14%~ per cent interest in the ~roperty ~nd Russell E. Mann having an exghty-six (86%) p~r cent xnterest xn the property, )arty of the second part, WITNF~ETH, that the party of the first part, to wlmm letters estamentary were issued by the Surrogate's Court, Suffolk County, New York on and by virtue of the power and authority given in and bt ~id last will and testament, and/or by Article 11 of the Estates, Powers and Trusts Law, and in consideration of - - - - - - EIGHTY THOUSAND AND 00/100 ($80,000.00) ...... " dollars, paid by the party of the second part, does hereby grant and release unto the party of the second part, the distrlbutees or successors and assigns of the party ~f the second )art forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and ha~ at Southold, la the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: '" BEGINNING at a monument on the westerly side of Main Sta~e Ro~ where same is intersected by the southeasterly corner of land now or formerly of pritchard; RUNNING THENCE South 13 degrees 32 minutes 00 seconds wes~t along the westerly side of Main State Road,. 155.07 feet to land mew or formerly of Conklin; THENCE along the last mentioned land the following two courses and dis tances: 1) North 74 degrees 55 minutes~ OD _s~aoonds West, .%95.~1 fe~ t~ a~ 2) South 14 degrees 27 minutes 00 seconds West, 77~.26 feet t° a point '~ and land now or formerly of Loughlin; THENCE along the last mentioned land the following two courses and distances: 1) North 74 degrees 05 minutes O0 seconds West, 140.45 feet to apipe; 2) South 17 degrees 15 minutes 00 seconds West,65.27 feet to land now or formerly of King; THENCE North 74 degrees 25 minutes 00 seconds West along the last mentioned land, 11.10 feet to a monument and land now or formmrly of Aksc in; ~}{ENCE along the last mentioned land the following three courses and distances: 1) North 73 degrees 12 minutes 00 seconds West, 238.03 feet to a ~ument; 2) North 72 degrees 46 minutes 10 seconds West, 474.11 feet to a monument; 3) South 30 degrees 37 minutes 00 seconds West, 150.07 feet to a monument; - Continued - Description Continued: THENCE North 42 degrees 49 minutes 50 seconds West still along land now or formerly of Akscin and along land now or formerly of Diller, and passing through a monument, 402.77 feet; THENCE North 18 degrees 08 minutes 50 seconds East along last mentioned land, now or formerly of Diller, 260.58 feet to a monument on the southerly side of the Long Island Railroad; THENCE North 69 degrees 12 minutes 10 seconds East.along the southerly side of the Long Island Railroad, 194.68 feet to a monument and land now or formerly of Zgombic; THENCE South 60 degrees 26 minutes 00 seconds East along the last mentioned land, 307°09 feet to a monument on the westerly side of Glover Street; THENCE South 21 degrees 54 minutes 00 seconds West along the westerly side of Glover Street, I7.12 feet to the corner formed by the intersection of the westerly side of Gluer Street and the south- erly side of Terry Court; THENCE along the southerly side of Terry Court the following two courses and distances: 1) South 61 degrees 13 minutes 20 seconds East, 243.57 fe_.g~ 2) South 71 degrees 34 minutes 50 seconds East, 310.68~feet to~ the corner formed by the intersection of the southerly side of Terry Court and the easterly side of Griswold Street; THENCE North 21 degrees 54 minutes 00 seconds East along the easterly side of Griswold Street, 17.03 feet to a monument and land now or formerly of Griswold-Terry-Glover Post No. 803; THENCE South 71 degrees 34 minutes 50 seconds East along the last mentioned land and along land now or formerly of Pritchard, 352.72 feet to the monument on the westerly side of Main Street at the point or place of beginning° TO~TPIF~ with ali right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOC.,ETI-IER with the appurtenances, and also all the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individually, or by virtue of said will or otherwise, TO I'IAVE ~ TO I'iOt. D the premises herein granted unto the party of the second pan, the distributees or successors and assigns of the party of the second part forever. kIqD 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 incumbered in any way whatever, except as aforesaid. AND tbe 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 tbe right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improx~ement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN W~ WIIF. RF.,OF, the party of the first part has duly executed tbis deed the day and year lirst above written. IN PRESENC~ OF~ (Rensselaer G. Terry, qr. ~ as Executor of Last Will and Testament of Harold E. Gordon, dec'd. STATE O~ N~ YO~, COUNF¥ OF SUFFOLK ss: On the y- ~y of S epte~er, 1982 , ~o~e m~ Executor of the Last Will and Testament of he ~t~ the ~e. STATE O1~ NEW YOIt~ COUNTY OF sm On the day of 19 , before me persoaally came to me known, who, being by me duly sworn, did depose and say tlmt he reside, at No. ; that he is the , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of .the bo,rd of directors of said corpora- ti, n, and that he s~gned h ~me thereto by like order. STATE OF f.~EW YORK, COUNTY OF m~ On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , beinre me personally came the subscribing witness to the foregoing instrument, with whom I am personally acq--;nted, who, being by me duly sworn, did depose and say that he resides at No. ; that he knows to be the individual de.scribed in a~d who executed the foregoing instrument; that he, said subscribing witness, wa~ present and saw execute the same; and that he, said witness, at the same time subscribed h nnme as witness thereto. Txr~No.M-3361 TTGC (~T1282-1526 RENSSELAER G. TERRY, JR., as Executor of the Last Will and Testament of HAROLD E. GORDON, Dec'd. RUSSELL E. MANN and JOAN A. MANN, his wife. m~. TITkE GUARANTEE- NEWYORK ~ A~iCOR ~)MPANY 069.00 03.00 ~ov 006. 000 com~v o,, TOWS Suffolk, Southold Recorded Al ReGuest of The Title Guarantee Company ~J~z-uZaq BY MA/L TO: EDSON & BRUER, ESQS. ATTORNEYS & COUNSELLORS AT LAW MAIN ROAD SOUTHOLD, NEW YORK ', q/ z~ .,,. 11971 MAYOR GEORGE W, HUBBARD TRUSTEES JEANNE M COOPER GAlL F. HORTON DAVIDE KAPELL WlLLIAM H. LIEBLEIN SUPT. OF UTILITIES JAMES 1. MONSELL 236 TItIRD STREET GREENPORT, SUFFOLK COUNTY NEW YORK 11944 JdN 2 4 10 7 UTILITY OFFICE TEL. (516) 477-1748 POWER PLANT TEL. (516) 477-0172 June 22, 1987 Mr. Bennett Orlowski, Jr. Chairman, Southold Town Planning Board Main Road Southold, New York 11971 Dear Mr. Orlowski: Enclosed is a copy of the contract between the Village of Greenport and Russell E. Mann and Joan A Mann for water service to a minor subdivision located in Southold. If I may be of further service, please contact me. 1 Very tru]z youis, ,;. James I. Monsell Superintendent of Public Utilities JIM:hr Eric. cc: Russell Mann WATER SUPPLY AGREEMENT AGREEMENT made this /~ day of~;~a~r b~.and between Village of. Greenport, a municipal corporation in Suffolk. CoUnty its office and principal place of business at 236 Third Street, Gr~ ~ort, New York, herein called the "VILLAGE", and Russell. E. Mann an ~oan A. Mann , residing at P.O. Box 1438, Southold, N.Y. 11971, her ~lled the "OWNER". i . WHEREAS, the OWNER is desirous of securing a supply of water the project to be developed at the property shown on a map and pre iminary site plan; and WHEREAS the OWNER is willing at its cost and expense to lay an nstalf or cause to be laid and installed the water mains, hydrants fittings and valves described on the map and preliminary plan and :ransfer and convey same to the~VILLAGE upon completion and, if. %ecessary, to give and procure easements for the maintenance of the nains and the hydrants; and WHEREAS, the VILLAGE is willing to supply the OWNER with its requested water allowances and the parties have agreed upon the md conditions for the supply of water and other matters; and WHEREAS the OWNER is the owner in fee of certain premises whic] )remises are shown generally on.a map and preliminary plan annexed ~ereto, made a part hereof and marked Exhibit "A", and entitled Ske ?lan of Minor sub-division on map of property surveyed for Russell ~nd Joan A. Mann at Southold, Suffolk County, New York; 'and .~ ~ WHEREAS OWNER is about to commence a development known.as~the inor Sub-division of Russell E. and Joan A. Mann and wishes to )nstruct water mains and install hydrants on the certain rights of on a certain map entitled Sketch Plan of Minor Sub-division:on Southold, Suffolk County, New York consisting of one drawing, wf attached hereto, made a part hereof, and marked Exhibit "B", an :o connect with the Village Water System marked Exhibit "C" in~conf, ~ity with the Contract and Specifications for Furnishing and installing Water Mains and Appurtenances, and as may be amended fro] .ime_ to time during the course of construction of the project com- known as Sketch Plan of Minor Sub-division of Russell E. and ~oan.A. Mann. ..NOW, THEREFORE, in consideration of the premises and covenants ~erein, it is mutaully agreed as follows: FIRST. OWNER will install at its own cost and expense, water hain for supply and distribution, throughout the subdivision as mot. Gully set forth in paragraph SEVENTH herein. ._. SECOND. Locations of all mains, hydrants, and appurtenances a shown on a copy of the map entitled Sketch Plan of Minor Sub-divisi( map of property surveyed for Russell E. and Joan A. Mann at ~outhold, Suffolk County, New York · THIRD. All necessary engineering work, trenching, laying, oining, backfilling shall be done by OWNER and shall sometimes ~ereinafter be.called the "WORK". .~, ~ FOURTH. The VILLAGE will supply the hydrants for installation ~he locations shown on said map. OWNER will reimburse the VILLAGE ~11 hydrants located within the subdivision. ~ ~FIFTH. Payment shall be made upon delivery for hydrants and ;he.costs of the delivery of the hydrants to the site by the ~he VILLAGE shall deliver the hydrants to the site at a time lppropriate to the expeditious completion of the work provided the /ILLAGE is given no less than 21 days notice, and subject to the ~vailablity of the hydrants from the suppliers to the VILLAGE, SIXTH. Until such time as rental for such hydrants is assur{ lnd paid for by the Southold Fire Protection District, OWNER will p. ~nnually to the VILLAGE such rental for such hydrants as is from ti] ;o time being paid by such District to the VILLAGE for other.hydran' Ln~the District. . SEVENTH. The standards for the installation of the piping and ~ydrants shall be in accordance with the following specifications: (1) polyvinyl chloride pipe .(AWWA Spec. C-900) Class 150 or equal ~ )ush-on joints/couplings and underground metallic warning tape or ( :ement-lined ductile .iron pipe (AWWA spec. C151-76) class 150, or ~qual. Any pipe and all joints and parts of the system must be abl. to stand pressure of not less than 150 pounds per square inch. The ~ain shall be installed 13 feet from the property line and must be :hlorinated to Health Department standards. EIGHTH. The VILLAGE will supply without charge to OWNER suf- ficient water to make essential tests and to leave the system on fi] mpproval completely sanitary,,said supply to be not less than 160 per square inch. NINTH. The WORK shall be inspected by the VILLAGE which here 'ares its Superintendent of Utilities or his designee full~pow~ )f inspection hereunder. OWNER will grant complete freedom of~acces ~11 parts of the premises and the WORK for inspection. The VILL~ have an authorized inspector at the site at all proper times not to delay the work. No work not passed by the inspector. Wil ~ted by the VILLAGE. No backfilling shall be done until t~e pi mhd the work in the trench has been approved and tested by the~ Inspector. . ':~ 'TENTH. OWNER will, and by this agreement does, upon approval :he completed work, which the VILLAGE will indicate to the OWNER in ~riting~ dedicate the mains to the VILLAGE, and does hereby grant a to the VILLAGE an easement and right of way for the purpose relaying, repairing, operating and maintaining water mains supply and distribution, and appurtenances, including domesti. services and fire hydrants in the full length and width of the now hereafter existing public or private streets in the premises as )n the attached map. The rights of way and easements shall also ext Eive feet on either side of the mains to be laid pursuant to this reement, whether or not such distance shall be within the roadway mains and appurtenances and the rights of way and easements sha deeded to the VILLAGE its successors or assigns, and shall fore~ remain the property of the VILLAGE, its successors or assigns. rights of way shall be over the lands herein described and marked ibit "E" . ELEVENTH. ~ther easements The easements herein granted are not exclusive~ a~d in said streets may be granted by OWNER to other pe Dons or corporations maintaining public services thfoughou~ the~dev Lopment, provided that no other mains are set within two feet internally of the water main and no poles are set into the ground rithin two feet either Side of a line on the surface directly above :he mains. If a gas, sewer or other main or service necessarily rosses the water mains, OWNER will advise the VILLAGE in writing he exact location of the intersection forthwith upon installation supply maps to the VILLAGE showing the exact locations. Said · S intersection shall not be permitted without prior written consent the VILLAGE. ~WELFTH. If OWNER c~ntracts with a third party for the WORK, :he parties contemplate wil'l be the case, the VILLAGE will examine .roposed contract, plans, and specifications, and promptly furnish and the third party contractor with a written statement of wf ,ar'~, if any, of the~WORK proposed in such contract should be revis :o insure approval by the VILLAGE. The VILLAGE will not require an abn'o~mal conditions, unless the situation at the site shall require them. THIRTEENTH. Upon completion, inspection and approval the' 'VILL~ will supply water to the development and the owners of the lands ~erein at the rates and pursuant to the rules and regulations Of t VILLAGE in force from time to time. FOURTEENTH. The parties understand that final approval of the ~ubdivision map has not been given by all necessary'public authori- :ies. The VILLAGE enters into this agreement to assist OWNER in securing such approval, and by way of contractually assuring to OWN 9ublic water supply, if such subdivision approval is secured. FIFTEENTH. A one inch (1") service line shall be installed to ~ach lot, with a curb stop near the property line. This installati is under the direction and supervision of the Greenport Water )epartment. SIXTEENTH. The VILLAGE requires a cash contribution of two :housand five hundred and seventy dollars ($2570.00) per dwelling' u :o be-'placed in the VILLAGE'S Water Department Reserve Fund to hel ain new production supply, so as to assure OWNER of future adequat upply. It is contemplated by this contract that the OWNER anticipa~ :onstruction of 4 dwelling units. Upon execution of this agreement, the OWNER shall deposit with the VILLAGE the sum of twenty-five ~undred dollars seventy dollars ($2,570.00) times 4 dwelling units ~he total of Ten thousand two hundred and eighty dollars ($10,280. in bank or certified check. This per dwelling unit amount may be ~mended from time to time, depending on findings by the VILLAGE'S c ~ulting engineers, Holzmacher, McLendon and Murrell, P.C. or their ~uccessors and upon approval by the Village Board of Trustees. In :he event that the per dwelling unit cost is increased or decreased )etween the execution of this agreement and the application for wat~ the OWNER shall pay the VILLAGE, upon application for water, the di~ [erence between the per dwelling unit amount specified herein and.tl )er dwelling unit amount required by the VILLAGE at the time of the tpplication of water times the number of dwelling units covered by 3aid application. Said payment shall be in bank or certified check tnd shall be paid to the VILLAGE prior to any hook-up for water. I :he event that the OWNER does not complete the project as contempla )y.this agreement or does not make application for the full number twelling units alloted or specified herein, the VILLAGE shall keep ~unds.so deposited by the VILLAGE as the sole exclusive property of ;he VILLAGE and the OWNERS shall have no claim thereon. SEVENTEENTH. The WORK contemplated by this agreement shall be :ompleted within 24 months of final approval of plans by the Town o ~outhold, or within additional periods of 24 months each, however,. is.hereby mutually agreed and understood that all specifications in :eference-to materials used for the construction of said system, th. ~ORK to. be completed, and/or water to be supplied shall be changed :onform with the then current standards as set by the VILLAGE of ~reenport Utility DeDartment, its successor, or its authorized agen Lt each such interval. EIGHTEENTH. The OWNER agrees that upon completion of the work tccordance with any contract made pursuant hereto, title to the.mai hydrants, valves, and fittings so installed and laid shall be deeme, dedicated to the VILLAGE, and the OWNER shall in confirmation of such passage of title, execute an instrument transferring and · ssigning to the VILLAGE the title, free.and clear of all encumbran. 7 oa /~ :es or liens to the mains, hydrants, valves and fittings so laid an¢ .nstalled and if required by the VILLAGE shall procure from all per. ~ons having an interest in the land in which said mains lie a'prope~ ~asement in favor of the VILLAGE for the perpetual maintenance, rep~ ~r replacement of sai4 mains and fittings including the right to ~xtend the mains and to connect them with other mains to be laid by lnder the supervision of the VILLAGE. The instruments so executed ~hall be in recordable form.' NINETEENTH. The VILLAGE agrees that when the installation, .aying of the mains, valves, hydrants and fittings has been complet~ · gursuant to the terms of this agreement, and proper easements have been g~ven, all as hereinbefore provided, the VILLAGE will accept ~ssignment and conveyance of the mains, valves, hydrants and fittinc ~nd maintain them thereafter and supply water to consumers along thc nains subject to conditions, rules and regulations of the VILLAGE. TWENTIETH. Should the OWNER desire to lay the mains in sectio~ ~eparate construction contracts may be let for such sections provid~ :he extent of such separate sections shall be in the opinion of the ;ILLAGE sufficient to warrant a separate consideration. TWENTY-FIRSTs This agreement contains the complete agreement b( ~een the parties for the acquistion by the VILLAGE of the mains, ~alves, fittings, and hydrants hereinbefore desgribed and the OWNER ~grees that it will not make any claims against the VILLAGE on acco~ )f the installation of the mains, valves, fittings or hydrants and ~cceptance of the terms of this agreement, notwithstanding the prov ~ions of any general or special law to the'contrary which may or ma ~ot be enacted. TWENTY-SECOND. This agreement shall enure to the benefit and 3hall bind the respective heirs, legal representatives, successors ~ssigns of the parties hereto. TWENTY-THIRD. This agreement shall not be assignable by the )WNER without the consent in writing of the VILLAGE, which consent 3hall not be unreasonably withheld. IN WITNESS WHEREOF, the parties have executed this agreement Eour (4) counterparts, all of which shall constitute originals, the day and year first above written. ~TTEST: Clerk VILLAGE OF GREENPORT Ge6r~W~ Hubbard, Mayor TATE OF NEW YORK ) ) SS.; ~OUNTY OF SUFFOLK ) ~ ~ On the /6~;2~day of , 1987, before me personally came 3EORGE W. HUBBARD, to me known, who, being duly sworn, did depose a ~ay that he resides at No. 178 Central Avenue, Greenport, New York [1944; that he is the Mayor of the Incorporated Village of Greenpor =he municipal corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; =hat the seal affixed to said instrument is such corporate seal; th it was so affixed by order of the Board of Directors of said cot- )oration, and that he signed his name thereto by like order. Suffe~k Co. Ne. 4Z35151 _ NOTARY P~LIC ;TATE OF NEW YORK, COUNTY OF SUFFOLK On the /~/~day of January, 1987 before me personally came Russell E. Mann to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. ~worn to before m~-f~is day o~.~y, 1987 ~otar/~ublic 3TATE OF NEW YORK, COUNTY OF SUFFOLK MARY DIANA FOSTER ~OTARY I~UBLIC, State of New Yolk 52.4~55242. Suffolk County CorflmJ~slo~l Expires ~,Sarch 30, J. 9~'~ On the/7~day/// of January, IRan A. Mann to me known to be ~xecuted the foregoing the same. ? Sworn to bef/re me this day of J~huary, 1987 / / ~otary/Public 1987 before me personally came the individual described in and who instrument, and acknowledged thatJhe execute MARY DIANA FOSTER NOTARY PURLIC, SLate of NeW YOrll ldo. 52.4655242, Suffolk County Commission JExRi~-es Ma,'ch 30, 18 ~ ? ~0~0 513 vitiate o-r Water Oepartmen[ Water Main Extenti Minor SubOivisio,~l~..~ Southold - Russ Scale 1" - I00' ii/10/~6 J.l.~ thence N. along land now or formerly of Diller, and passing through a monument, 402.77 feet; thence N. 18008'50'' East along last mentioned land, now or formerly of Diller, 260.58 feet to a monument on the Southerly side of the Long Island Railroad; thence N.69°12'10" East along the Southerly side of the Long Island Railroad, 194.68 feet to a monument and land now or formerly of Zgombic; thence S.60°26~00" East along the last mentined land, 307.09 feet to a monument on the Westerly side of Glover Street; thence S. 21054'00'' West along the westerly side of Glover Street, 17.12 feet to the corner formed by the intersection of the W~sterly side of Glover Street and the Southerly side of Terry Court; thence along the Southerly side of Terry Court the following two courses and distances: (1) S.61°13'20" East, 243.57 feet to the point or place of BEGINNING. Containing 10.396 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated February9, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD 42049'50'' West still along land now or formerly of Akscin and BENNETT ORLOWSKI, JR., CHAIRMAN Please publish one time, February 12, 1987 and forward two (2) affidavits of publication to the Southold Town Planning Board, Main Road, southold, NY 11971 Copies mailed to the following on Febaruary 9, 1987: The Suffolk Times The Long Island Traveler-Watchman Supervisor Murphy Rudy Bruer, esq for D. Edson Russell E and Joan A. Mann , applicants Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York in said Town on the 23rd day of February, 1987, on the question of the following: 7:30 p.m. Approval of the final maps of the major subdivision of Deborah Edson located at Cutchogue, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a monument set in the Northeasterly side of Depot Lane where same in intersected by the Southeasterly line of premises conveyed to Marian Columbus Club, Inc., Liber 6055 of deeds, page 97; thence N. 45o51'30'' East along said land 458.75 feet to land now or formerly of Zeneski; thence S. 38°59'30'' East along said land of Zeneski, 1,175.57 feet to land now or formerly of Bialecki; thence S.43°38'10" West along lands now or formerly of Bialecki and Kapusta, 467.72 feet to the North easterly side of Depot Lane; thence Northwesterly along the Northeasterly side of Depot Lane, the following three (3) courses and distances: (1) N.39°37'30" West, 201.84 feet; (2) N. 38o36'40'' West, 610.76 feet; (3) N. 38o13'30'' West, 381.87 feet to the point or place of BEGINNING. Containing 12.335 acres. 7:45 p.m. Approval of the minor subdivision of Russell E. and Joan A. Mann located at Southold, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a point on the westerly side of Terry Court where same is intersected by the Northeasterly corner of other land of Russell E. and Joan A. Man~ running thence N.16°48'00- East, 297.17 feet to land now or formerly of Akscin; thence along said last mentioned land the following three (3) courses and distances: (1) N. 73012'00'' West, 124.75 (2) N. 72°46'10'' West, 474.11 feet to a monument; West., 150.07 feet to a monument; (3) S. 30037'00'' feet to a monument; feet to amonument; (3) S.30°37'00" West, 150.07 thence N. along land now or formerly of Diller, and passing through a monument, 402.77 feet; thence N. 18008'50'' East along last mentioned land, now or formerly of Diller, 260.58 feet to a monument on the Southerly side of the Long Island Railroad; thence N.69°12'10" East along the Southerly side of the Long Island Railroad, 194.68 feet to a monument and land now or formerly of Zgombic; thence S.60°26'00" East along the last mentined land, 307.09 feet to a monument on the Westerly side of Glover Street; thence S. 21o54'00'' West along the westerly side of Glover Street, 17.12 feet to the corner formed by the intersection of the W~sterly side of Glover Street and the Southerly side of Terry Court; thence along the Southerly side of Terry Court the following two courses and distances: (1) S.61°13'20" East, 243.57 feet to the point or place of BEGINNING. Containing 10.396 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated February9, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD 42049'50'' West still along land now or formerly` of Akscin and BENNETT ORLOWSKI, JR., CHAIRMAN Please publish one time, February 12, 1987 and forward two (2) affidavits of publication to the Southold Town Planning Board, Main Road, southold, NY 11971 Copies mailed to the following on Febaruary 9, 1987: The Suffolk Times The Long Island Traveler-Watchman Supervisor Murphy Rudy Bruer, esq for D. Edson Russell E and Joan A. Mann , applicants Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York in said Town on the 23rd day of February, 1987, on the question of the following: 7:30 p.m. Approval of the final maps of the major subdivision of Deborah Edson located at Cutchogue, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a monument set in the Northeasterly side of Depot Lane where same in intersected by the Southeasterly line of premises conveyed to Marian Columbus Club, Inc., Liber 6055 of deeds, page 97; thence N. 45051'30'' East along said land 458.75 feet to land now or formerly of Zeneski; thence S. 38059'30'' East along said land of Zeneski, 1,175.57 feet to land now or formerly of Bialecki; thence S.43°38'10" West along lands now or formerly of Bialecki and Kapusta, 467.72 feet to the North easterly side of Depot Lane; thence Northwesterly along the Northeasterly side of Depot Lane, the following three (3) courses and distances: (1) N.39°37'30'' West, 201.84 feet; (2) N. 38o36'40'' West, 610.76 feet; (3) N. 38013'30'' West, 381.87 feet to the point or place of BEGINNING. Containing 12.335 acres. 7:45 p.m. Approval of the minor subdivision of Russell E. and Joan A. Mann located at Southold, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at apoint on the westerly side of Terry Court where same is intersected by the Northeasterly corner of other land of Russell E. and Joan A. Mann running thence N.16°48'00,, East, 297.17 feet to land now or formerly of Akscin; thence along said last mentioned land the following three (3) courses and distances: (2) N. 72°46'10'' West, West., 150.07 feet to feet to a monument; (1) N. 73012'00'' West, 124.75 feet to amonument; 474.11 feet to a monument; (3) S.30°37'00" a monument; (3) S. 30037'00'' West, 150.07 thence N. along land now or formerly of Diller, and passing through a monument, 402.77 feet; thence N. 18008'50'' East along last mentioned land, now or formerly of Diller, 260.58 feet to a monument on the Southerly side of the Long Island Railroad; thence N.69°12'10'' East along the Southerly side of the Long Island Railroad, 194.68 feet to a monument and land now or formerly of Zgombic; thence S.60°26'00" East along the last mentined land, 307.09 feet to a monument on the Westerly side of Glover Street; thence S. 21054'00'' West along the westerly side of Glover Street, 17.12 feet to the corner formed by the intersection of the W~sterly side of Glover Street and the Southerly side of Terry Court; thence along the Southerly side of Terry Court the following two courses and distances: (1) S.61°13'20" East, 243.57 feet to the point or place of BEGINNING. Containing 10.396 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated February9, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD 42049'50'' West still along land now or for~erly~of Akscin and BENNETT ORLOWSKI, JR., CHAIRMAN Please publish one time, February 12, 1987 and forward two (2) affidavits of publication to the Southold Town Planning Board, Main Road, southold, NY 11971 Copies mailed to the following on Febaruary 9, 1987: The Suffolk Times The Long Island Traveler-Watchman Supervisor Murphy Rudy Bruer, esq for D. Edson Russell E and Joan A. Mann , applicants LEGAL NOTICES Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York in said Town on the 23rd day of February, 1987, on the question of the following: 7:30 p.m. Approval of the final maps of the major subdivision of Deborah Edson located at Cutchogue, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a monument set in the Northeasterly side of Depot Lane where same in intersected by the Southeasterly line of premises conveyed to Marian Columbus Club, Inc., Liber 6055 of deeds, page 97; thence N. 45o51'30'' East along said land 458.75 feet to land now or formerly of Zeneski; thence S. 38o59'30'' East along said land of Zeneski, 1,175.57 feet to land now or formerly of Bialecki; thence S.43°38'10" West along lands now or formerly of Bialecki and Kapusta, 467.72 feet to the North easterly side of Depot Lane; thence Northwesterly along the Northeasterly side of Depot Lane, the following three (3) courses and distances: (1) N.39°37'30" West, 201.84 feet; (2) N. 38036'40'' West, 610.76 feet; (3) N. 38o13'30'' West, 381.87 feet to the point or place of BEGINNING. Containing 12.335 acres. 7:45 p.m. E. and Joan A. Approval of the minor subdivision of Russell Mann located at Southold, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a point on the westerly side of Terry Court where same is intersected by the Northeasterly corner of other land of Russell E. and Joan A. Mann running thence N.16°48'00'' East, 297.17 feet to land now or formerly of Akscin; thence along said last mentioned land the following three (3) courses and distances: (1) N. 73012'00'' West, 124.75 feet toamonument; (2) N. 72°46'10'' West, 474.11 feet to a monument; (3) S.30°37'00" West., 150.07 feet to a monument; (3) S. 30037'00'' West, 150.07 feet to a monument; LEGAL NOTICES Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York in said Town on the 23rd day of February, 1987, on the question of the following: 7:30 p.m. Approval of the final maps of the major subdivision of Deborah Edson located at Cutchogue, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a monument set in the Northeasterly side of Depot Lane where same in intersected by the Southeasterly line of premises conveyed to Marian Columbus Club, Inc., Liber 6055 of deeds, page 97; thence N. 45051'30'' East along said land 458.75 feet to land now or formerly of Zeneski; thence S. 38059'30'' East along said land of Zeneski, 1,175.57 feet to land now or formerly of Bialecki; thence S.43°38'10'' West along lands now or formerly of Bialecki and Kapusta, 467.72 feet to the North easterly side of Depot Lane; thence Northwesterly along the Northeasterly side of Depot Lane, the following three (3) courses and distances: (1) N.39°37'30" West, 201.84 feet; (2) N. 38036'40'' West, 610.76 feet; (3) N. 38013'30'' West, 381.87 feet to the point or place of BEGINNING. Containing 12.335 acres. 7:45 p.m. Approval of the minor subdivision of Russell E. and Joan A. Mann located at Southold, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a point on the westerly side of Terry Court where same is intersected by the Northeasterly corner of other land of Russell E. and Joan A. Mann running thence N.16°48'00" East, 297.17 feet to land now or formerly of Akscin; thence along said last mentioned land the following three (3) courses and distances: (1) N. 73012'00'' West, 124.75 (2) N. 72°46'10'' West, 474.11 feet to a monument; West-, 150.07 feet to a monument; (3) S. 30037'00'' feet to a monument; feet to amonument; (3) S.30°37'00" West, 150.07 thence N. 42049'50'' West still along land now or formerly' of Akscin along land now or formerly of Diller, and passing through a monument, 402.77 feet; thence N. 18°08'50" East along last mentioned land, now or formerly of Diller, 260.58 feet to a monument on the Southerly side of the Long Island Railroad; thence N.69°12'10" East along the Southerly side of the Long Island Railroad, 194.68 feet to a monument and land now or formerly of Zgombic; thence S.60°26'00" East along the last mentined land, 307.09 feet to a monument on the Westerly side of Glover Street; thence S. 21~54'00" West along the westerly side of Glover Street, 17.12 feet to the corner formed by the intersection of the W~sterly side of Glover Street and the Southerly side of Terry Court; thence along the Southerly side of Terry Court the following two courses and distances: (1) S.61°13'20" East, 243.57 feet to the point or place of BEGINNING. Containing 10.396 acres. Any person desiring to be heard on the above matter should appear at the time and place above Dated February9, 1987 specified. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR., CHAIRMAN and Please publish one time, February 12, 1987 and forward two (2) affidavits of publication to the Southold Town Planning Board, Main Road, southold, NY 11971 Copies mailed to the following on Febaruary 9, 1987: The Suffolk Times The Long Island Traveler-Watchman Supervisor Murphy Rudy Bruer, esq for D. Edson Russell E and Joan A. Mann , applicants Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no c~anges will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the To~vn of Soutbold: The undersigned applicant bereby applies for (tentative) (final)approval of a subdivision p!at in accordance with Article I6 of the Town Law and the Rules and Regulations of the Soutbold 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 oxvner 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 .]~..tf. 9..5...~..k...~.....~. :.. ~ .~. ~...~. .... ~f ~/..f).. ........ . .~.oA ~ .... A:...,,2'lAh!.~. .... .A4.../.~¢~ ..... 5.~,~?P.(YI. 5.l£~....: .......................... 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 . .c]..~..~./ .............. Page ..].~.~.. .............. On ¢..~./~..7'..ff..,~..~...~. ..... ~/~ ~'2- Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; as devised under the Last Will and Testament of ]"],,~/~.D.~..~. .... .~-... .... .~..q~...~..~.... or as distributee 6. 2%11 taxes which are liens on the land at the date hereof have been paid ~ ............ 7. The land is encumbered by . ...~..~. 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 z-"-zzF-t ../~/..~..~.. ........... The land lies in the following zoning use districts ..... .-7. ................ , ./q.. . F [ . .c. ?. .T. 4 .A. A . .... Z. c,, N. .............................................. i0. No part of the land lies under water whether tide water, stream, pond water or otherwise, 11. The applicant shall at his expense install all required public improYements. 12. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ............................................................. 13. XVater mains xvill be laid by ........................................................... and (a) (uo) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ......................................... 15. 16. 17. 18. 19. 20. 21. ..................................... and (a) (no) charge will be made for installing said lines. Gas mains xvill be installed by....~. ?./~/..~. ................................................ and (a) (no) charge will be made for installing said mains. If streets shown on the plat are claimed bv the applicant to be existing public streets in tile Suffolk County Highway system, annex' Schedule "B" hereto, to show same. ~'~' 3K.~-T-&]"/ ?t- A l, t t, F /~4 / tq a R 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. ¢ ¢~ 5~TCH ~AN oF ~l~ag There are no existing buildings or structures on the land which are not located and sho~vn on the plat. Where the plat shows proposed streets which are extensious 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 conjuuctions with the proposed streets. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. COPY oF [7~t~_~ 5v~/tYIT-'V-~:P I-¢~R,~.C'f.,/I'7'-/'/ Snbmit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant esthnates that the cost of grading and reqnired public itnprovements will be $.7....~...." as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .............. years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". /..~./..~,. /~u55~z-/.. ~. /t4 A/,//,z DATE ............................. 1 .9~..-~....t.Yy..R..~..~. .... .~.......~. ~ ..~..~.. ............ ....~ . (Name of Applicant) . . (Signature and .Title) · ........... (Address) STATE OF NE\V YORK, COUNTY OF . .~ ................ ss: ...On the ....... ~....~...... day of .... ~ ......... 19. ~..,~., before me personally came ....~'...~..~L~....~..~..a'J~-....~...~ to m~'known to be the iodividual described in and who execnted the foregoing instrument, and acknowledged that ............ executed t~"~e. ..... .~.....e!~T~....~,~k r,,,,~ ..~1 .\TE OF NEW YORK. COUNTY OF ............................ ss: On the ................ day ............ of .............. , 19 ...... , before me personally came ....................... to me known, who being by me duly sworn did de- pose and say that ............ resides at No .................................................... ................................ that .......................... is the .......... the corporation described in and which executed the foregoing iustrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and lhat ............ signed .............. name thereto by like order· Notary Public ,/ ~.60 ~6 E. __'~ .. ~07.09 b~,.. m NAP OF St :~VEYEO F0~ AT !'O~N OF SINGLE F~ILY D~G ONLY ;~PlRES ~REE YE~ FROU DA~ OF ~0~ S.C, D:SF'T. OF HEALTH SERVICES FIDELITY NATIONAL TITLE $NSUI~C4CE CO:_ RODERICK VAN TUYL, P,C. LICENSED LAND SUR'~'YORS GREENPORT NEW YORK SUFFOLK CO. HEALTH DEPT. APPROVALI H.S. NO. STATEMENT OF INTENT THE wATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR THIS RESIDENCE WILL CONFORM TO THE STANDARDS OF THE SUFFOLK CO. DEPT OF HEALTH SERVICES. APPLICANT SUFFOLK COUNTY DEPT. Of HEALTH SERVICES- FOR APPROVAL F'OR CONSTRUCTION ONI~Ec i DATE~ ~ 8 1995 I. s REF NO.: I<O-9 ~-o~ q DIST. SECT. BLOCK ~LI rO~ ~ B G.5 OWNERS ADDRESS: SOUTNOLD IDEED: L. TEST HOLE LOAM G~V~L iEA~ G~V. , GBAVEL STAMP SEAL FILE NO. SUFFOLK CO. PLANNING DEP1 SUB, D REVIEW SECTION . 5' oe_'z:.,, 19 z,  Ob: The subdivision of this property, as proposed, has been approved by the Suffolk County Planning ~ r ,~-~/~ ~_~- ~O~.~_q{~-r~Commissiun subject to ~__ conditions. Refer to letter for conditions. " ...... -o' ~' .:r~,; h Lxr'' RECEIVED BY " ~.ol~: IC30'= l ~ Ot~' :%'7- ~xi.-73 t2 vv. N.'?.~t':.?ff, 'tv-.- :! lC; . 20 RECEIVED BY $OlJTJJglB ll]~l~J'J ['L~l~J~if~ BOAJ~D H~R io 1983 DATE PI~_A..~ Southold, N.Y. 11971 (516) 765-1988 September 28, 1987 Mr. Russell E. Mann 660 Oakwood Drive Southold, NY 11971 Re: Mann Minor Subdivision Dear Mr. Mann: Enclosed is a copy of the correspondence from the engineering consultant with regard to the access road with in the above mentioned subdivision. Would you please forward the information requested to our office so we may refer it to the consultant. The information requested can be obtained by your engineer or surveyor. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD eric. Sidney B. Bowne. P.E., L.S. (1922-1959) Chester C Kelsey, P.E,, L,S. Alexandre W. Mercil. P.E. Robert A. Stanton, P.E. Robert W. Brown, L.S. Zabdiel A. Blackman, P.E., L.S. George A. Style, PE. Jer~y D Almont, P.E George L Fagan, Frank Capobianco, CE Thomas R. Pynchon, kS RECE~ (~D BY SIDNEY B. BOWNE & SON $O~lluLu L,,: . ,, r~:~, SEP z a 1987 .o. , co c ,Anders 45 Manor Road DATE ~ Sch,otzhauer Smithtown, N.Y. 11787 Jo,,p. F Stegman (510) 724~611 ~ ~ S~e~ September 23, 1987 Bennett Orlowski, Jr. TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, NY 11971 Re: Minor Subdivision for Mann (SBB No. 87158) Dear Mr. Orlowski: We have reviewed the above referenced plan and we require the following information, at this time. ' A road profile with proposed drainage · A road cross-section - with 20' pavement width · A permanent cul-de-sac If you require any additional information, please do not hesitate to contact this office. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VINCENT MARICONDA VM:cr xc: R. Jacobs, Supt. of Highways V. Lessard, Exec. Admin. Bldg. Dept. R. Dean MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER al = HENRY E. RAYNOR, Jr., Cha~Yman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 NEGATIVE DECLARATION September 26, 1983 TELF~HONE 765-1938 Pursuant to Article 8 of the Environmental Conservation Law State Environmental 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 the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Russell E. & Joan A. Mann is a four- lot subdivision located at Southold. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New York State Department~of Environmental Conservation it is assumed that there is no objection- nor comments by that agency. The Suffolk County Department of Health Services has stated no objection to lead agency designation and is in agreement with the initial d~termination. There is no record of application and test well data_and test hole data is needed. The project will meet all the requirements of the Code of the Town of Southold Subdivision-of Land Regulations. Further information can be obtained by contacting Mrs. Susan E. Long, Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 Copies mailed to the following: Robert Flack, DEC Commissioner NYS, DEC at Stony Brook Suffolk County Dept. Health Services Suffolk County Planning Commission William R. Pell, III Russell Mann, applicant Planning Board Town of Southold Southold, N. Y. 11971 Gentlemen: I refer to the resolution of the Southold Town Planning Board approving a set off "106-13" as designated on the map of Russell E. & Joan E. Mann located at Southold. We intend to file for a minor sub-division for the remaining 8.3 acres. We will deliver the necessary applications to the planning board in the very near future. Sincerely, Russell E. Mann an E. Mann D HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSK1, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 NEGATIVE DECLARATION January 10, 1983 TELEPHONE 765-1938 Pursuant to Article 8 of the Environmental Conservation Law State Environmental 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 the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION Theminor subdivision OfRussell E. & Joan A. Mann is a two-lot subdivision located at Southold. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New Yor State Department of Environmental Conservation it is assumed that there is no objection nor comments by that agency. Because there has been no response in the allotted time from the Suffolk County Department of Health Services it is assumed that there is no objection nor comments by that agency. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Mrs. Susan E. Long, Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 Copies mailed to the following: Robert Flack, DEC Commissioner NYS, DEC at Stony Brook Suffolk County Dept. Health Services_ Suffolk County Planning Commission William R. Pell, III Russell Mann, applicant HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. ~D P T Southold, N.Y. 11971 NEGATIVE DECLARATION January 10, 1983 TELEPHONE 765-1938 Pursuant to Article 8 of the Environmental Conservation Law State Environmental 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 the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION Theminor subdivision OfRussell E. & Joan A. Mann is a two-lot subdivision located at Southold. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no response in the allotted ~ime from the New Yor State Department of Environmental Conservation it is assumed that there is no objection nor comments by that agency. Because there has been no response in the allotted time from the Suffolk County Department of Health Services it is assumed that there is no objection nor comments by that agency. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by ccntacting Mrs. Susan E. Long, Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 Copies mailed to the following: Robert Flack, DEC Commissioner ~;YS, DEC at Stony Brook Suffolk County Dept. Health Services. Suffolk County Planning Commission William R. Pell, III Russell Mann, applicant !UST[!UCT !OUS: ~ (6) In order to onsver Cbc questions in ~his shor~ EAF i¢ is assumed (ho~ ~he prepore~ ~]}~ uso. cu~on~l% ova[labia ~nFor~r,o¢~on concerning p~o~cct end ~he likeIy impacts et ~he action. I~ ts oddi~ionol s~udie~, research or olher investigations will be undertaken. (b) If on7 quer. tion has been onsJ~ered Yes the projec~ may be ~ignifican% and o completed Environm=ntol Assessmen% Form is necessary. (c) If all questions have been answered No it project is not (d) Environm~nlal Assessmenl 1. ~'Ii~l p:'ojec'[ resui%--in a large physical change to ihe project site or physically alter more t}~:n 10 acres of land2 ........................ 2. %'/ill there be a major change to any unique or -uhusuol land fo~m found on the site? .......... 3. ~Vill pr65ec~ alter or have o large· effect on axis%tag body of ~yoter? ....................... _ Y~, _ 4. Will project have a poten'tially largo impact on groundvroier quolily? ....................... Yes ~. ~'lill projeci significantly cf fee{ drainage flo~'~ on adjacent sites? ..................... ;.. Yes. 6. %','ill projeck affect an), threotene, d or endengercd plan% or animal species? ........... %'1ill projcc~ rcsul~ in o mojor adverse or] air Yes, Yes,, REPRESENTING ~J DATE qualit>'?i .......... .................... _ [ Yes~N__o~ 8. ~,'/ill project hero a major elf ecl on visual cbc;fac%er of {he cornmunily or scenic views or vistas known ia:be imporlon%. ~o %'/111 projcc~ adversely impact any si~c or 5~ruc{ure of historic, prehistoric or paleon~o!ogicol importance or any si~.e dcsigno~cd 05 ~ cri{ic(J1 environmental oreo by a local agone),? ............ ~:...~-~..v...-.~--~..~- Yes 10. l'lill project }]eve o major e~fect on existing ' or future recreational opportunities? ......... Yes 11. %'Iill projec~ result in .major traffic pr6blems or. cause o major cffec~ {o existing ~ronspor~aiion aye'tams? .............. Yes odors, noise, glare, vibration, or electrical di=%urbancc os o result of ~he project's opero'[ior~? .'-. -- --- ------ ...... Yes or .safety? .................................... Yes 14. %'~ill p~ojec{ affcc~ {ho exls~ing communi%~ direc{l~ causing o growth in permancn~ ~ population of more {JJon 5 perce{]{ over a one year period or have o mojor negalive on the character of ~he community or nelghborhood~ . Yes 15. ~= lhere public controversy col'lcernlng project? ...................................... ~ cs~No~ ItENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 November 23, 1982 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, New York 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the minor subdivision of Russell E. & Joan A. Mann, located at Southold. This project is unlisted and an initial determination of non-significance has been made. We wish to coordinate this action to confirm our initial determination in our role as lead agency. May we have your views on this matter. Written comments on this project will be received at this office until December 1982. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Enc. cc: By Susan E. Department of Health Services Long, Secretary HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. II971 November ll, 1982 TELEPHONE 765-1938 Mr. Russell E. Mann 660 Oakwood Drive Southold, New York Dear Mr. Mann: The following resolutions were passed by the Southold Town Planning Board, Monday, November 8, 1982. RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of Russell E. & Joan A. Mann, located at Southold, An initial determination of nonsignificance has been made. RESOLVED that the Southold Town Planning Board approve a set-off (106-13) as disignated on the map of Russell E. & Joan A. Mann lo- cated at Southold, with a condition that the remaining 8.3 acres be proposed as a minor subdivision in the future. Please forward six (6) copies of the above map to our office for those referrals necessary under the State Environmental Quality Review Act. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary October 6. 1982 Planning Board Town of Southold Suffolk County $outhold. N.Y. 11971 Subject: Set off in accordance with Section 106-13 of the sub-division code. This is for the property of Joan A. Mann and Russell E. Mann. Gentlemen: Our Application for Approval of Plat requests that we be perlitted to set aside a lot measuring 2.092 acres. Tis is part of our parcel which measures 10.396 acres. The lot to be set aside contains an old house, a garage, a shed and a barn. It is our intent to. and we are now in the process of. refurbishing the old house. We intend to make it our home. However we will have to rent it for a year while we are selling our present home. Regarding the 8.304 acres which will be a separate parcel after the set off. It is our hope to find a tenant for this land as soon as possible. Eventually we hope to sub-divide it into four lots of about two acres each. We intend to be present at your meeting on October 18 to answer any questions regarding our application. Sincerely. ~'oan I. I~nn PAINE WEBBER JACKSON & CURTIS INCORPORATED Eltlblilhed 1B~ Member~ ~ York Stock ExchanBe, Inc. and olher Principal Exchanlles 100 Garden City Plaza, Garden City, New York 11530 (212) 895-3232 (516) 747-5180 APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant bereby applies for (tentative) (final)approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold To~w~ 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 . ./~../..,~..O./~ ... ~..../,/.~..~../..V./.~../.O.t~. .... q../~. .... .. .... .... .... ..... 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 Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; as devised under the Last Will and Testament of ....................................... or as distributee ....................................................................... 5. The area of the land is ./..~.. :...~..7...~... acres. 6. All taxes which are liens on the land at the date hereof ha,~.~ve bee..__n paid ~ ............ 7.The land is encumbered by...~../..~.. ................................................... mortgage (s) as follows: (a) Mortgage recorded in Liber .............. Pag'e .................. 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 tbe land ~ ........................ s/ 9. The land lies in the following zoning use districts ....................................... 10. No part of the land lies under water whether tide water, stream, pond water or otherwise,~.. I1. The applicant shali at his expense install all required public improvements. 12. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ......................................... ./~. t~.7~..~.~.../..5. .... 13. Water mains will be laid by . ./~..~ ................................................... and (a) (no) charge will be made for installing said mains. I4. Electric lines and standards will be installed by .t/V..,~J[ ................................. ..................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by . [.Y. ~ .................................................... 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 Highwa_~ system, annex Schedule 7_~_.~.~to, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of South~d Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. -r-r~ LJ ~ 19. Where the plat sho~vs proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are uo reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. ~ ON ~' 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.Submitschedulea,,D,,.copyfivof ~pr°p°sed deed for lots showing all restrictions, covenants, etc. Annex 22. The applicant estimates that the cost of grading and required public improvements will he $./~J./~.. as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .............. years. The Performance Bond will be written by licensed surety company unless otherwise shown on Schedule "F". ...... ,, ...... ........ A: ..... .... (Name of Applicant)~~y~ ~ (Signature and Tit~// (Address) STATE OF NEW YORK, COUNTY OF ......... ~. ?.tL'-..t~ff.'..~...~.. ........ss: On the .................. day of ................................... came ......................................... to me kno~vn to be the individual described in and who executed the foregoing instrument, and acknowledged th~ .~..~t~. ?. STATE OFNEW YORK, COUNTY m, mmmm m~mmm ~ On the ................ day ............ of .............. , 19 ...... , before me personally eame ........................ to me known, who being by me duly sworn did de- pose and say that ............ resides at No ..................................................... ................................ that .......................... is the .......... the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that ............ signed .............. name thereto by like order. Notary Public Southold Town Planning Board Town Hall Southold, New York 11971 Re: Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, )00 (r CON~iUtT YOUR LAW'Y~R R~FOR IN.%T~UMFNT-THI$ INS~UMENT SH~ BE USeD ~Y ~WYEES ONLY, *rt~L% ~NDE~ made the ~ lay of ._ c.p~e~3~ nineteen humlred and Eigbty-~o, PJ{NSSEI~.EX O. TERRY, New York 1!97i, 11AV,!)LI) 1{. G.LORDON, ~l,,.tn Road, ~.outho!d, N~w York ~,h,, ,lie, o~ 'h~12,th (~y 'o~ Aught .... v of the 6fsi ~art, and residing at 285 Oaklawn Avenue, 11971, --tithe la.st wil! nnd te~tamant , late .. ninet~n hund,r~xt ~a~d S ~vent;y,~i.n~.~4~a.' 660 Oalcwood Drive, Southold, New York 1197_) · zen na i~ cession wi. th J~n A. ~.mn having a fourteen (14%) per.cent ~o~arest in the m-o~arty and Russell E. Mann having an e~hty*six (86Z,, Der cent 'i ,~ Lc. frost in the p:copert~a&.,.~_' p;. ly .f the second pan:. letters SL~ffO~k County, New York WITN "IL.qSETH, that the party o[ the first part, to whom tc!,tamc, tal v were i~suei! )3' thc ~ urrogate s Cburt, ,,, and by virtue of the power and authority given in a~d by .mid last will. .,,d tt.slament, and/or hy &rticle l t of the Estates. Powers and ~rusts Law. and Jn consideration rff ,9.00 6. 000~ - - EIGHTY TY~OUSAND ~ 00/100 ($80~000.00) ' - dollars .... p~klby the pmty o£ the sL~;d ;~ d;~eret,y gr~t ~d ,e~ea~e unto the ~:y of the ~econd ~rt. the llistributees or successors ~ ..si~ns ~ the ~rU (,~ thc ~ond ALL lhat ce~n p~t, pi~e or ~r~J of land, with the buildings and impro~men~ ther~ erected, si~mte. IV,,g and ~ng~ at Southold, in the To~ of Soutb. old~ County of guffo.Lk and State of New York, more particularly bounded and deseri%ed 1H~GI~ING at a m.onume~c on ~l~ ...... "' ~idc ~ x~,,~- S~ate Road where same is intersected by the sou~eas~rZy ~ne~ of l~d n~ I.o-rmo~ly of I~itchard; .... , :~- : ,.v RL%~]~G ~tENCE Soutk [3 degrees732 minutes,.00 aeconds Wast alohg the westerly side of Wain State ~ad,. 155.0,7,, fee~. to la~ n~ ~ owueriy of Conkltn;., · .... ~ - TH .NCE along thc %a~ mentl~~ ~*%a~ tbe~z~Oll~' co~as and O to LH~C. L~ M . 2) ~outh ].4 degrees 27 minuets 00 sec,mds'Woat,-77~.z'o ~eet t0 a point and land n~ ~ formerly of Loughl~; ~IL~CE glong ~1~ !asg mentionodc, land ~e,, fol. l~i~4~o.~eoum~cand d J.F; ~2al~cOs .' [) North 74 degrees 05 mtn, utes 00~seconds,West., ~0,45 feet tea pipe; 25 South 17 dep,r~eo .... ~ minutes O0 ,seconds West ,65.27,~ feet to land ~w~w or ['ormerT.v o~Y .King; 'D{ENCE North 74 ~eg~s ~- ~u~es ~.-~nds West al0~ ~e last ,nention~d la~d, l!.lO .fee~ co ~, m~umen~ .,amd~land n~-,~or ,.fo~erly of 'I%U,N TM CE along the %asr mep.tt~ed-land ~e =foll~t~ ~ree ;md distances: , -~ . ~..- ~ - · · ,5c; . s&oo~ds-b~esc; 23~,.:03 feet Co a l) North 73 degrees 12 minu~es ~00 ~ ........... "" .. ' 2) North 72 da~ree~ 46 minutes 474~].1; feet Co a. '3) South 30 de~ees 37 minutea"~0js, ec~a~esC,z;150,.07. ,... .. . . . , feeC Co a , ~ ?~'~' .,~ ~,,~ .... y '0esc~iption Cpn~inugd: 2TLENCE North 42'idegrees~'49 minutes 50 seconds West land now or fo~l~ly of A~c~ and along ].and n~ or Diller, and passi~ ~rou~ a mon~nt, 402,77 feet; %]{ENCE.~or~ 18 degrees 08 minutes 50 seconds East mei%tto~ed land,~,-or fo~er!y of Dil]~r~ Z60~58 feet on the southerly sade of the ~n~ Island THE~E North~;69~ de~ees ,12 minutes 10 ~:~ec:~7~nds East:.a~ southerly side of the Long Island Railroad, ]94.68 feet and l~nd n~ or~f~merly o~ Zgo~ic; .~C~'Sou~60 degrees 26 minutes '00 seconds East m~%O~ed land~?~07,09 feet ~o a monument on the westerly Gl~er Street; j w~s~ge~ly side of'~lover S~reet, 17.12 the,intersection of the westerly side erly,~side of Terry'Court; ,'.THENCE along Cae southerly side of Terry Courc the f<).[L(,w:~ng cwo .cou=ses and distances:' ,~2)'~ 71 de~ees ~ m~u'~:es 50 seconds Last, -the-~ fo~d .by the i~gersec~ion of the sout'heriy sl(,~ of 'Fer[-y Comrt~'~and.. ~e, e~terly, side,- of Griswold S [u-c~c~ ~CE No~gh 21,degrees 54 minutes O0 s(:coads Eas~ easterly side O~ Griswold S~oe'C, 17.03 fec:a Co a monu.~cn~ n~ ~ fo~erly~of~r~wold-Ter~3y-Giover Post ~o. 803; THENCE Sou~ 7i ~dewrees 34 minutes 50 sccon(~s Ess · me~tioB~d land-anq.along, l~ld n~ or formerly ~:place of begi~ing. STATI OP NEW YORK, COUNTY OF ss: On the day of ~9 . before me personally came to me known to he the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me peisonally came to me known, who. being by me duly sworn, did depose and say that he resides at No. that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that t~ seal affixed to said instrument is such corporate seal; that it was so agixed by order of the board of directors of said corporation, and that he signed h name thereto by like order. STATS OF NEW YORK, COUNTY OF On the day of personally came 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged fha! executed the same. STATS OF NEW YORK. COUNTY OF Oss the day of 19 personally came to me known and known to me to he a partner in , before me a partnership, and known to me to be the person described in and who executed the foregoinK instrument in the partnership name, and said duly acknowledged that he executed the foregoing instrument for and on behalf of said partnership. Closing of title under the within contract is hereby adjourned lo 19 , at o'clock, at ; title to be dosed and all adjustments to he made as of 19 Dated, 19 For value received, the within comract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Purchaser ~4ssignec olPurchaser ( mttrart PREMISES s~:ca,~o~ 69 BLOCK 3 LOT 6 cot,~'rv o~ 'rowt, Su.~folk, SOul:hold. s'ra~:~' ^o~nBss W/S Hain R~ Recorded At Request of The Title Guaranloe Company RETURN BY MAlL TO: /'.ILE GUARANTEE- NEW YORK RENSSELAER G. TERRY, JP., ATTORNEY AT LAW 52645 MAIN ROAD $OUTHOLD, N. Y. 11971 (516) 765-2300 Zip No. The SELLER should bring with him all insurance policies and duplicates, receipted bills for taxes, assessments and water rates, and any leases, deeds or agreements affecting the property. When there is a water meter.on the premises, he should order it read, and bring bills therefor to the closing. If there are mortgages on the property, he should promptly arrange to obtain the evidence required under Paragraph .5 of this contract. Fie sbeuld furnish to the purchaser a full list of tenants, giving the names, rent paid by each, and date to which the rent has been paid. The PURCHASER should be prepared with cash or certified check drawn to the order of the seller. The check may be certified for an approximate amount and cash may be provided for the balance of the settlement. M-3361 TAX MAP DE.$1GNATION D.t, 1000 m~. 3 Lo~(~): ~ CONSULT YOUR LAWYER REIIORI SIG~G THIS INSTRUMENT--THIS INSTR~JMENT SHl BE USBD IY LAWYERS ONLY. NOTE: FIRE LOSSES. This form of contract contains no express provision as to risk of loss by fire or other casualty before delivery of the deed. Unless express provision is made, the provisions of Section 5-131 I of the General Obligations Law will apply. This section also places risk of loss upon purchaser if title .or possession is transferred prior to closing. THIS AGREEMENT, made the day of ~lly . nineteen hundred and E:l.ghty-twos BETWEEN ]~.,l~$~l,A.~ G, 'I~R~Yg JR.s as ~I~aCU~.O~ Of the ][.~et W£11 and TegUment of BA~OLD E. C,O~I~N, late of Southold, Suffolk Countys York,. deceasdd, resid~n$ at 285 Oakla~n Avenues Southold, Ne~ York 11971, hereinafter described as the seller, and R~SELL E, ~ salld JOAH A o ~, h'Is w'ife s as Joint ~uants w~ch risht of survivorship, bo~h ~es~din~ at 660 Oak~oog Drive, Southold, New York 11971, hereinafter described ns the purchaser. %*VITNF.~p.;il-I, that the seller agrees to sell and convgy, and the put?baser agrees to purchase, all that certain plot. piece or parcel of land. with the buildings and improvements thereon erected, sauate, lying and beinglltSBig at; SOUthOld s ~n ~he T~ of Sou~hold,Cmmty of Suffolk end State of New York, bell~ branded and desc~:ibed as folloee: llo~th by land of g. W. ~r~l~hard; East partly by Natn Ro~l and partly by land of Comkl~n; South partly by laud of ~1~ and ~r~ly by land of A~cln; West ~ly ~ ~nd of He~lo a~ ~rCly by ~g Island ~il R~d, Sa~d pre~ c~tn~ 11.~0 acres, be t~ s~ ~ o~ BEING AHD IHTEHDED TO BE ~ sau~ premises of ~ixich Harold E. ~ordou dLed selaed and possessed on AuSuoc 12, 1979. Thio sale does usc Lucl~de any hotmehold fu:rniCure or fu~n$.shinso usu ~a the p~emlsee. I. This sale includes all right, title and interest, if any. of thc seller in and to any land lying in the bed of any street, road or avenue opened or proposed, in front of or adjoining said premises, to the center line thereof ( 80,000.00) ............ ltnre. paynhle a, follows: Dollars, Dollars, Any bond or note and mortgage to be given hereunder shall be drawn on the standard forms of New York Board of Title Underwriters for mortgages of like lien; and shall be drawn by the attorney for the seller at the expense of the purchaser, who shall also pay the mortgage recording tax and recording fees. 4. If such purchase money mortgage is to be a subordinate mortgage on the premises it shall provide that it shall be subiect and subordinate to the lien of the existing mortgage of $ , any extensions thereof and to any mortgage or consolidated mortgage which may be placed on the premises in lieu thereof, and to any extensions thereof provided (a) that the interest rate thereof shall not be greater than per cent per annum and (b) that, if the principal amount thereof shall exceed the amOunt of ~iocipal owing and unpaid on said existing mortgage at the time of placing such new mortgage ~r consolid~edmortgage, the excess be paid to the holder of such purchase money mortgage in reduction of the principal thereof. Such purchase mo..ney mortgage, sh. all also .pr~ovi .c~.~ that.such,pay,me,? ,.to .the holder thereof shall not alter or affect the regular installments, tf any, of prmcspal payable thereunoes one ma. mrmer srovide that the holder thereof will, on demand and without charge therefor, execute, acknowledge and deliver any agree- ment or agreements further to effectuate such subordin.ation. 5. If there be a mortgage on the premises the seller agrees to deliver to the purchaser at the time of delivery of the deed a proper certificate executed and acknowledged by the holder of such mortgage and in form for recording, certifying as to the amount of the unpaid principal and interest thereon, date of maturity thereof and rate of interest thereon, and the seller shall pay the fees for recording such certificate. Should the mortgagee be a hank or other institution as defined in Section 274oa. Real Property Law, the mortgagee may. in lieu of the said certificate, fundsh a letter si~ned by a duly authorized officer, or em- ployee, or agent, containing the ioformatio~ reqdired to be set forth in said certificate. Seller represents that such mortgage will not be in default at or as a result of the delivery of the deed hereunder and that neither said mortgage, nor any modification thereof contains any provision to accelerate payment, or to chon~,e any of the other terms or pa'ovlsions thereof by reason of the delivery of the deed hereunder. 6. Said premises are sold and are to be conveyed subject to: a. Zoning regulations and ordinances of the city. town or village in which the premises lie which are not violated by existing structures. b. Consents by the seller or any former owner of premises for the erection of any structure or structures on, under or above any street or streets on which said premises may abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any. upon any street or highway. 7. All notes or notices of violations of law or municipal ordinances, orders or requirements pored in or issued by the Depart- ments of Housing and Buildings, Fire. Labor, Health, or other State or Municipal Department having jurisdiction, against or affecting the premises at the date hereof: shall be complied with by the seller and the premises shall be conveyed free of the same. and this provision of this contract shall sutvlve delivery of the deed hereunder. The seller shall furnish the purchaser with an authorization to make the necessary searches therefor. 8. All obligations affecting the premises incurred under the Emergency Repairs provisions of the Administrative Code of the City of New York (Sections 564-18.0. etc.) prior to the delivery of the deed shall be paid and discharged by the seller upon the delivery of the deed. This provision shall survive the delivery of the deed. 9. If. at the time of the delivery of the deed, the premises or any part thereof shall be or shall have been affected by an assess- ment or assessments which are or may become payable in annual installments, of which the first installment is then a charge or lien, or has been paid, then for the purposes of this contract all the unpaid installments of any such assessment, including those which are to become due and payable after the delivery of the deed, shall be deemed to be due and payable and to be liens upon the premises affected thereby and shall be paid and discharged by the seller, upon the delivery of the deed. 10. The following are to he apportioned: (~~:lgl~s~l~(c) Premiums on existing transferable insurance policies or renewals of those expiring prior to the closing. (d) Taxes and sewer rents, if any, on the basis of the I~q~l:~ar for which assessed. (e) Water charges on the basis of the calendar year. (f) Fuel. if any. (DEC. 1_ tl~'s~r., 30) I I. If the closing of the title shall occudBdore the tax rate is fixed, the apportionment offices shall be upon thc basis of the tax rate for the next preceding year appl~to the latest ~ssessed va~uatinn. ~ 12. If there be a water meter on the premises, the seller shall furnish a reading to a date not more than thirty days prior to the time herein set for closing title, and the unfixed meter Charge and the unfixed sewer rent. if any. based thereon for the intervening time shall be apportioned on the basis of such last reading. 13. The deed shall be the usual ~g. ec. UliOZ'el~ Deed deed in proper statutory short form for record and shall be duly executed and acknowledged so as to convey to the purchaser the fee simple of the said premises, free of all encumbrances, except as herein stated, and shall contain the covenant required by subdivision 5 of Section 13 of the Lien Law. If the seller is a corporation, it will deliver to the purchaser at the time of the delivery of the deed hereunder a resolution of its Board of Directors authorizing the sale and delivery of the deed. and a certificate by the Secretary or Assistant Secretary of Ihe corporation certifying such resolution and setting forth facts showing that the conveyance is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with said section. 14. At the closing of the title the seller shall deliver to the purchaser a certified check to the order of the recording offacer of the county in'which the deed is to be recorded for the amount of the documentary stamps to be at'xed thereto in accordance with Article 31 of the Tax Law. and a certified check to the order of the appropriate ot~cer for any other lax payable by reason of the delivery of the deed. and a return, if any be required, duly signed and sworn to by the seller: and the purchaser also agrees to sign and swear to the return and to cause the check and the return to be delivered to the appropriate officer promptly after the closing of title. 1.5. In addition, the seller shall at the same time deliver to the purchaser a certified check to the order of the Finance Admin- istrator for the amount of the Real Property Transfer Tax imposed by Title II of Chapter 46 of the Administrative Code of the City of New York and will also deliver to the purchaser the return required by the said statute and the regulations issued pursuant to the authority thereof, duly signed and sworn to by the seller; the purchaser agrees to sign and swear to the return and to cause the check and the return to be delivered to the City Register promptly after the closing of the title. jlM$~I6. ~The gel er ~hell give and the purchaser shall accept a title such as ally lL~[~l.f.&b'l~ ~.1~.2 ¢Olllt~.l~y do~l~ ;1~8 ~ ...* Me. qL~_~r of. the New Y°rk B°ard °f Title Underwriters' will be willing t° approve and. insure' 1 7..~ll sums ~-~le~c~l~un~~s~oentract, and the, reasonable, ex..penses of t~: exam?auohn, tOfsuthc~ tlti~t~Os~aa~ldl PnTtm~:~t;n~ude of the survey, if any. made in connection therewith are nereoy mane ,ens on sa~o premises .... after default by the purchaser under this contract. 18. All fixtures ...... tracheal or appurtenant to or used in connection with said premises are repre- sented to be owned%y the seller, free. from all liens and encumbrances except as herein stated, and are included in this sale: without limiting the generality of the forogoin_g, such fixtures c'me"'~'~a'.-~'~-msgl- nc nde plumbing, heating. fighti,~, and c,o~., .king fixture,s, ~'~='~,~e-s,ng:S~een~~'w~"'thr°°m and kflcben camnets ~mantets. %---. .- .... - ................ ~- ~ '.=" ' ' - ~ . ~, ' ' k~- umps. shrubbery~ 19. The amount of any u~pusd taxes, assessments, wafer charges and sewer rents which the seller is obligated to pay and dis- eharge, with the interest ihd penalties t~ereOn to a <late not less than two bUsiness days after the date of closing title, may at the option of the seller he allewed to the purchaser out of the balance of the purchase price, provided official bills therefor with interest and penalties thereon figured to said dar? are furnished by the seller at the closing. 20. If at the date of closing there may be any other liens or encumbrances which the seller is obligated to pay and discharge. the seller may use any pu~on of the balanee of the purchase price to satisfy the same, provided the seller shall simultaneously either d~dver to-t~e _1~.~. ~-t~e'41e~m$ of t,tt, ~l~..r~n~.? r~c~d.~ble form and s.,fflcle~t t~o .s~at[sf.y~_.SU[e~en~as~nd~aec~' cumbrances of record together with the cost of recording or hhng sa~a ~nstruments; or, provmea ma~ mc ,- arrangements with the title company employed by the purchaser in advance of closing, seller will deposit with said company sufficient monies, acceptable to and required by it to insure obtaining and the recording of such satisfactions and the issuance of title insurance to the purchaser either free of any such liens and encumbrances, or with insurance against enforcement of same out of the insured premises. The purchaser, if request is made within a reasonable time prior to the date of closing of title, agrees to provide at'the closing separate certified checks as requested, aggregating the amount of the balance of the purchase price, to fuc~litate the satisfaCtion of any such'liens or encumbrances. The existence of any such taxes or other liens and encumbrances shall nm be deemed objections to title if the seller shall comply with the foregoing requirements. 21. If n search of the title discloses judgments, bankruptcies or other returns against other persons having names the same as or similar to that of the sd, lei', the sell~ will on request deliver to the purchaser an affidavit showing that such judgments, bank- ruptcies or other returns are not againSt the seller. 22. In the event that the seller is unable to convey titl~ in accordance w th the terms of this contract, the sole liability of the seller will be to refund to the purchaser the amount paid on account of the purchase price and to pay the net cost of examining the title, which cost is not to exceed the charges fixed by the New York Board of Tide Underwriters, and the net cost of arty survey made in connection therewith incurred by the purchaser, and upon such refund and payment being made this contract shall be considered canceled. 23. The deed shall be delivered upon the receipt of said payments at the office of ]~.~I.O~lZ' (~. '~er~jI~ s Jla* §26 Main Road, Soul:hold,N.Y.. l0 o, ab t J 30,1982 brought a~ut this sale - -~-=.=-Y~-~:'Y~d~J'~~ 25. h is understood and ag~ that all understandin~ and agreements heretofore had ~tween the parties hereto are merged in this conUact, w~ch alone fully and completely expresses their agreement, and that the same is entered into after full investi- gation, neither party relyi~ u~n any statement or ~pre~ntation, not embodied in this contract, made by the other. ~e aurcheser has ins~ted the buildings standing on said pm~s and is thoroughly acquainted with their condition and agrees to take title "ns is" and in their present condlti~ and subject to reasonable u~. wear, tear. and natural deterioration between the date t~reof and the closing of title. 26. ~is a~ment may not ~ changed or terminated orally. ~e stipulations aforesaid are to apply to and bind the heirs, ~ecutors. administrators, suc~ssors and a~igns of the res~ctive ~rties. 27. If two or more ~r~ns constitute either the ~ller or the purchaser, the word "seller" or the word "purchaser" shall be construed as if it read "~llers" or "purchasers" whenever the ~nse of this agreement so requires. IN ~ ~OF, this agr~ment has ~n duly executed by the parties hereto. In pre~nce of: ,, .(LOS (Russe ann) ('Joan A. Mann) ,, .(L.S.) , .(L.S.) FODITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO~H ~11, 53095 ~ Road ~.O. Bo× ! ! 79 Soft,oil, New ¥oH~ 1 ]97! FAX (516) 765-1823 TELEPHONE (516) 765-1801 October 2, 1990 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, New York 11901 Dear Mr. Cuddy: On September 25th I submitted to the Town Board your letter September 11, 1990 requesting the Russell E. Mann change of zone petition be amended to refleCt that the applicant, in the alternative, seeks a Hamlet Density or an extefision of the existing R-40 district. The Town Board asked that I advise you that they will not consider th~ petition on the basis of a choice of zones. However, you are entitled to file a second petition for a different zone, or withdraw your current petition and file a new one for a specific zone (each would require a new filing fee and environment review fee, etc.). Please be advised that prior to receiving your letter of September 11th I was prepared to present to the Town Board the recommendation of our environmental consultants with respect to the SEQRA EAF Review on the Mann petition. I do not feel I can hold this in abeyance any further and will be presenting it to the Town Board on October 9th. cc: Planning Board~ Very truly yours, Judith T. Terry Southold Town Clerk Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board office 53095 Main Road, Box 1179 Southold, NY 11971 RECEIVED AUG ,., 'Jggo .<;c- +t,~ ,4 'r ..... ,"'l Re: Your Memorandum Dated July 30, 1990 Change of Zone Petition of Russell E. Mann Dear Mr. Orlowski: I am in receipt of a copy of your memorandum to the Town Clerk with reference to the change of zone petition of Russell E. Mann. Certainly I cannot fault the Planning Board for its expeditious handling of our application; however, I do note that the application was submitted on June 28, 1990 and that in the interim the Town Board has requested that an environmental assessment be completed by its consulting firm, Cramer, Voorhis & Associates. Since an environmental assessment had not yet been completed, I was somewhat surprised that the Planning Board had completed its review of the application. In addition, since the applicant has been significantly affected by a recent change of zone on the ajoining property, I was hopeful that the Board, both as a matter of procedure and as a matter of courtesy, would permit the applicant and his attorney to appear to further elaborate upon the need for a change of zone for the subject parcel. As you are aware, the applicant lives a stone's throw from the Town Hall. Yet neither he nor I received any notice that. this matter was being considered by the Planning Board. We would both appreciate the opportunity to appear before your Board to at least discuss the grounds for the petition and to have the opportunity to respond to the Board's concerns. May I hear from you at your earliest convenience? Very truly yours, cc: Town Clerk Charles R. Cuddy GH3~V.~S R. GI3I)DY ATTO~EY ~T 180 OLD Go~-x.~¥ 1Ro~ (lqw~. RrVE~HEAD, AUY 11901 September 11, 1990 Mrs. Judith T. Terry Southold Town Clerk 53095 Main Road Southold, NY 11971 Re: Change of Zone Application Russell E. Mann - Terry Court, Southold Dear Mrs. Terry: Under date of June 26, 1990, I forwarded to you an change of zone application for Russell E. Mann. That appliction sought a change of zone from Agricultural Conservation (A-C) to Hamlet Density (HD) for Mr. Mann's 8.304 acre parcel at Terry Court, Southold. By this letter I request that the application be amended to reilect that the applicant, in the alternative, seeks a Hamlet Density or an extension of the existing R-40 district. By copy of this letter to the Planning Board of the Town of Southold I am so advising that Board of the amendment to the change of zone petition. Please advise if anything additional must be undertaken to amend the petition of Russell E. Mann with respect to the change of zone application for his parcel above described. Very truly yours, Charles R. Cuddy(~ CRC/pc cc: Planning Board Town of Southold 180 O-r_.D ~X Ro~ (R~. ~8) October 5, 1990 Office of Town Clerk Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York Attn: Judith Terry, 11971 Town Clerk ECER' D $o,,tkn~4 t..,,._ Re: Application of Russell E. Mann for Change of Zone Dear Ms. Terry: I am in receipt of your letter of October 2, 1990. I appreciate the Town's prompt handling of Mr. Mann's application. However, since he also wishes to pursue an application for an R-40 Zoning Use · District, I would ask that the Town Board not further proceed with the SEQRA EAF Review on the petition for a change to hamlet density. We would prefer that both proposals be considered together. By holding this process in abeyance, at the applicant's request, the Town does not suffer any prejudice. I do not know how the Town Board arrived at its decision refusing to consider a petition for change of zone in the alternative. It is not uncommon to request alternative relief and I do not understand what harm befalls the Town, as a legislative entity, by permitting an applicant who owns one parcel to request the Town Board consider more than one use district where the facts may show either is appropriate. Mr. Mann's 10 acre parcel at the Main Road in Southold presently is in three zoning use districts, this resulted from a single legislative action. It escapes logical explanation to permit an applicant to file petitions concurrently providing for alternative relief but then not allowing the same applicant to file a petition seeking alternative relief. I would appreciate the opportunity to further discuss this question with the Town Board. CRC:ejc CC: Scott L. Harris, Supervisor Members of the Board: George L. Penny, IV Thomas Wickham Ruth D. Olivia Ellen M. Larsen Very truly yours, OCT I I /990 CASE NO: ._~O~-/ STATE OF NE%V YOFiI~ : PETITION TOWN OF SOUTI~OLD : IN THE BIATTER OF ~ PETITION OF R0$S£LL £. MANN FOR A ClbXNGE, BIoDIFIcATION OR AAXENDBXEb/T OF THE BUILDING ZONE ORDIN- ANC~ Of' TIlE TO%VN OF SOUTHOLD, SLrFFOLI~ COUNTY, NE%V YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: (irmert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at ' ~Hamlet and Iown of Southold, .M.a. in Road .&.. l. err..y.. C.o.urt.: find more particularly bounded and described as follows: 8.304-acre tract of land extending from the westerly side of the Main Road to the Long Island Railroad, and from the easterly side of Terry Court, Hamlet and Town of Southold. The subject premises adjoins a 2.092-acre parcel of the applicant and improved with a two-story dwelling and accessory buildings (as shown on the attached copy of a survey map). This ~.304 acre tract of land is presen{ly vacant land and adjoins lands to the west now an "Affordable Housing" District with density of one-half acre. This 8.304 acre parcel is located within one-half mile of a Hamlet Business District of the Hamlet of Southold (as required by Article IV, Section 100-41 of the Southold Town Zoning Code. 2. I do hereby petition the Town Board of the Tow~ of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including lhe Building Zone Btaps heretofore made a part thereof, as follows: From the present zoning classification : Agricultural-Conservation iA/C) To Hamlet Density (HD) 3. Such request is made for the following reasons: ~ the premises is surrounded ~y other lands located in R-40 Zone District, the Resioential-Office (R-O) Zone District, and the Agricultural-Conservation (A/C) Zone District; (b) abutting this property along the southerly property line is an Affordable Housing District permitting 20,000 sq. ft. density for dwelling units (or half-acre zoning); (c) the premises is located within one-half (1/2) mile of the Hamlet Business (HB) Zone District of the Hamlet of Southold. (L. S.) /~Y~Z~ ~ RUSSELL E. MANN STATE OF NEW YORK, ) ') SS:- COUNTY OF SUFFOLK, ) .[~.l~;.S.l~.l_.l,..E.,..~.~.l'{.N ......................... BEIXG DULY SWORN, deposes and says that he is the petitioner in tbe within action; that be has read the foregoing Petition and knows the contents thereof; that the same is true to Iris ~g~ex) own knoxvledge, except as to the matters therein stated to be alleged ou information and belief, and tbat as to tbose matters he believes it to be true. Sworn to before me tbls day of .... .a.u.n. ? ............... 97.q. · CHARLES R. CUDDY Notary Public, State of New York No. 5872225 Qualified in Suffolk County ,,~ Commission Expires Oec. 31 CHARLES R. CUDDY Notary Public, State of New York No. 5872225 Qualified in Suffolk County Commission Expires Dec. 31.19 Matter of Russell E. Mann Change of Zone Application DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Terry Court, said point also referred to as the most southwesterly corner of Glover Street, from said point of beginning: RUNNING THENCE along the southerly side of Terry Court the following courses and distances: (a) South 21° 54' 00" West 17.12 feet; (b) South 61° 13' 20" East 143.57 feet; (c) South 71° 34' 50" East 285.68 feet; RUNNING THENCE North 16"48'00'' East 297.17 feet to lands now or formerly of Akscin; RUNNING THENCE the following two courses and distances: (a) North 73°12'00'' West 124.75 feet (b) North 72~ 46' 10" West 474.11 feet; RUNNING THENCE South 30~37'00'' West 150.07 feet; THENCE North 42° 49' 50" West 402.77 feet; THENCE North 18~08'50'' East 260.58 feet to the Long Island Railroad; THENCE along lands of the Long Island Railroad North 69° 12' 10" East 260.58 feet to lands now or formerly of Zgombic; THENCE along lands now or formerly of Zgombic South 60° 26'00" East 307.09 feet to the point or place of BEGINNING. PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe¢ on the environment. Please complete the entire form, Parts A through E. Answers to the~e questions will be considere~ as part of the application for approval and may be subject to further verification and public review. Provide any additions information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involv new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specif each instance. NAME OF ACTION usselI E. Mann - AoDIication for Change of Zone LOCATION OF ACTION (Include Street Address, Municipality and County) .. M~in Road and Terry Court. Southo]d. Town NAME OF APPUCANTISPONSOR Charles R. Cuddy as Attorney for Russell E. Mann ADDRESS; P.O. Box 1547, 180 Old Country Road crrflPO Riverhead nf ~nHtholdm Suffolk Count IBUSINESS TELEPHONE (51Cq 369-8200 NAME OF OWNER (If differentI Russell E. Mann and Joan A. Mann I ~ATE I ZIP CODE NY ..11901 BUSINE~ TELEPHONE (516 765- 5100' ADDRESS P.0. Box 1438 Southold STATE I ZiP CODE NY 11971 DESCRIPTIO. OFACTION Request for change of zone to Hamlet Density (HD) from the zone classifications: Agricultural-Conservation (A-C) present Please Complete Each Question--Indicate N.A. if not applicable A. Site Description Physical setting of overall proiect, both developed and undeveloped areas. 1. Present land use: I-IUrban f-IIndustrial nForest E~,Agriculture 2. Total acreage of project area: R _ '4aA APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural} Forested Agricultural (Includes orchards, cropland, pasture, etc.} Wetland (Freshwater or tidal as per Articles 24, 25 of ECL} Water Surface Area Unvegetated (Rock, earth or fill} Roads, buildings and other paved surfaces' Other (Indicate type). 3. What is predominant soil type(s) on project site.~ toD a: Soil drainage: i'~Well drained ~ % of ~ite (-1Poorly drained 4. Are there bedrock outcroppings on project site? a. What is depth to bedrock? i-lCommercial I-IOther .. acres. · ~Residential(suburban) :-~'- Agri- , cultural-Conservation (K-C) snil ~Moderately well drained % of site I-1Rural (non-farm PRESENTLY AFTER COMPLETION acres acres acres acres 7-+ acres ' ' acres acres acres acres acres 1-304+ acres ._ acres acres acres acres acres J % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NY Land Classification System~' ~ acres. (See I NYCRR 370). ~Yes ~No (in feet) 2 5. Approximate percentage of proposed project site with slopes: ;[30-10% 1 0 0 % I-I10-15% .. % i-115% or greater % 6. Is project substantially contiguous to, or contain a building, site, or.district, listed on the State or the National Registers of Historic Places? I-IYes ~o 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? I-lyes X~No 8. What is the depth of the water table? 35-40+(in feet) · 9. Is site located over a primary, principal, or sole source aquifer? i-lyes ~No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? I-lyes ~No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? I-lyes I~No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i[e., cliffs, dunes, other geological formations) I-lyes l~No Describe n 0 13. Is the project site presently Used by the comn~unity Or neighborhood as an open space or recreation area? I--lyes I~No If yes, explain 14. Does the present site include scenic views known to be important to the community? I-Iyes [~No 15. Streams within or contiguous to project area: none a. ·Name of Stream and name of River to which it is tributary none 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name nnne b. Size (In acres) 17. Is the site served by'~xisting p.ublic utilities? i-lyes ~]No a) If Yes, does sufficient capacity exist to allow connection? i-lyes I-INo N/A b) If Yes, will improvements be necessary to allow connection? I-lyes i-INo N/A 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? I-lyes ~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 i-lyes [~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? f-lYes ~No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor fl. ~- b. Project acreage to be developed: 2_+ acres initially; :P ~+_ c. Project acreage to remain undeveloped ~ acres. d. Length of project, in miles: .. N/A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed I~/A %; f. Number of off-street parking spaces existing 4 ; proposed · g. Maximum vehicular trips generated per hour ,, 0 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Initially Ultimately I § L Dimensions (in feet} of largest proposed structure _ _ height; width; j. Linear feet of fro.ntage along a public thoroughfare proiect will occupy is? 3 acres. acres ultimately. Condominium length. N/A ft. N/A 2. How much natural material (i.e.,·rock, earth, etc.) will be removed from the site~ none at: th J s. 1;i me . tonslcuo~c yaras 3. Will disturbed areas be recla med? l-lYes DNo . I'-IN/A a. If yes, for what intend~ purpose is the site being reclaimed? · b. Will topsoil be stockpiled for reclamation? I-lyes i~No c. Will upper subsoil be stockpiled for reclamation? I-lYes I-1No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. S. Will any mature forest (over 100 years 0Id) or other locally-important vegetation be removed by this project? J-lYes ~]No 6. If single phase project: Anticipated period of construction 1 ~J 7. If multi-phased: N/A a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase I functionally dependent on subsequent phases? 8. Will blasting occur during construction? I-lYes F31No 9. Number of jobs generated: during construction ar 10. Number of jobs eliminated by this project _ ~ 11. Will project require relocation of any projects or facilities? months, (including demolition). month year, (including demolition). month., year. · D-lyes I-INo ; after project is complete D-]Yes ~No If yes, explain . 12. Is surface liquid waste disposal involved? I-lYes Ir]No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged .. 13. Is subsurface liquid waste disposal involved? [~Yes i-INo Type RPwag~ '14. Will surface area of an e~<Jsting Water body increase or decrease by proposal? r-lyes Explain 15. Is project or any portion of project located in a 100 year flood plain? D-Iyes ~o X X:3No 16. Will the project generate solid waste? D-lyes i~No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? r-lYes I"lNo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain I/Yes I"lNo 17. Will the project involve the disposal of solid waste?' I~lYes r~No a. If yes, what is the anticipated rate of disposal? _ tons/month. b. I[ yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? D-lYes [~No 19. Will project routinely produce odors (more than one hour per day)? i-lYes ~VNo 20. Will project produce operating noise exceeding the local ambient noise levels? i-lyes 21~ Will project result in an incr;ease in energy use? ~Yes rXlNo If ';,es , indicate type(s) 22. If water supply is from wells, indicate pumping capacity _ gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? E]Yes ~No If Yes, explain IXINo 4 25. Approvals Required: City, Town, Village Board E~Yes DNo City, Town, Village Planning Board DYes r~No City, T~)wn Zoning Board []Yes I'~No City, County Health Department il-lyes Other Local Agencies ~Yes I-JNo Other Regional Agencies r"XYes I-1No State Agencies D-lyes I-XNo Federal Agencies nyes I~No C. Zoning and Planning Information Type Southold Town Board County Plannin,q Submittal Date 6/27 /90 /90 1. Does proposed action involve a planning or zoning decision? ~]Yes If Yes, indicate decision required: [~zoning amendment nzoning variance I-Ispecial use permit []-]subdivision [~]site plan Dnew/revision of master plan i-lresource management plan []other 2. What is the zoning classification(s)of the site? A-£ and 3. What is the maximum potential development of the site if developed as permitted by the present zoning? four lots 4. What is the proposed zoning of the site? Hamlet Density (HD) 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? ~ ixt_e e n l~ts 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? [~Yes linc 7. What are the predominant land use(s) and zoning classifications within a % mile radius of proposed action;~ R-40 and Re~idential-0ffice (R-Q) 8. Is the proposed action compatible with adjoining/surrounding land uses within a ~ mile.~ [~Yes linc 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts~ D-lYes ~c 11. Will the proposed action create a demand for any community provided services (recreation, education, police fire protection)? DYes [~No a. If yes, is existing capacity sufficient to handle projected demand? I-lyes 12. Will the proposed action result in the generation of traffic significantly above present levels? D-lYes ~No · a. If yes, is the existing road network adequate to handle the additional traffic? il-lYes F'INo D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please diicuss such impacts and the measures which you propose to mitigate avoid them. E. Verification I certity that the information provided above is true to the best of my knowledge. Applicant/g~Jl~Ks:OXName Russel I E. Mann Signature p~/"~'~ f~.~~.~7~_~r~Title~7 Date. 6/:'2-5-/90 If the action is in the Coastal Area, and you are a state agency, complete the Coaslal Assessment Form before proceeding wilh this assessment. 5 TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of RUSSELL E. MANN to the Town Board of the Town of Southold. TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to requesta cha~qe of zone. 2. Thattheproperty whichisthesubjectofthcPctitionlslocatedadjacenttoyourpropertyandisdes. cribed ~follows: 8.304-acre tract of land along the south side of Terry Court in Southold. Town of $outhold, identified on the Suffolk County .Tax Maps as District 1000, Section 69, Block 3, p/o 006. 3. That the property which is the subject of such Petition is located in the following zoning district: A-C (Aqricultural Conservation) 4. That by such Petition, the undersigned will request that the above-described property be placed in the follo~ving zone district classification: Hamlat Density (HD) n,,,c,,,,+ +~ a,~tlrl~ Tv Section 100'-41, for location within one'-half i172)-~[~'~ of-- h" H~t-~'~siness District of Southold Hamlet. · $. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in thc Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the dat~ of such hearing in the Suffolk Times and in the Long Island Travcler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to ap- pear and be heard at such hearing. Dated: June 25, 1990. Russell E. Mann Petitioner c/o-Charles R. Cuddy Post Office Address: P n Rnx 1547 180 01d Country Road Riverhead~ NY 11901 as Attorney NAME 10D0-63-6-1 PROOF OF MAILING OF NOTIC~E ADDRESS Griswold-Terry-Glover Post #803 Southold, NY 11971 1000-63-6-2 Mr. and Mrs. Robert W. 46925 Main Road Southold, NY 11971 Pritchard 1000-69-3-9.3 Christian F. Baiz III 155 Midland Avenue Bronxville, NY 10708 1000-59-11-1 Charles and Marianne B. 25-51 47th Street Astoria, NY 11103 Otis 1000-59-11-2 1000-70-1-1 Wladyslawa Jabalja 155 Glover Street Southold, NY 11971 Irene Gall Henry P.O. Box 916 Southold, NY 11971 1000-70-1-6.1 Southold Villas Inc. 97 Crows Nest Court New York, NY 11030 1000-70-1-2 STATE OF NEW YORK : COUNTY OFSUFFOLK: Ellen Clark Mr. and Mrs. James W. Loughlin P.O. Box 278 Main' Road Southold, NY 11971 ,residlngat 4 Paine Commons, Yapha ~il~ ) mail. Ik, ' of Now Ynrk 11967 , being duly sworn, deposes and says that on the i26th ,1Hn~ ,1990 , deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the abov .-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur- rent assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Ri verhead ~ New York ;that said Notices were mailed to each of said persons by (certified) Ellen Clark CHARLES R. CUDDY Notary Public. Stale of New Yo~ No. 5872225 Qualified in Suffo k County Commission ~ Dee. 31, 19 Sworn to me this 26th dayof June ,19 90 Notary Public (~ day ./ · ,-7 .. - .'. .~ -'~ ~ .:; :,:-.~.,-,~.:~ ~' ~ I Z ]: L~ F- J 'I PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938. MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: RE: Judith T. Terry, Town Clerk Orlowski, Jr., Chairman -~D.~'/~ Bennett Change of Zone Petition of Russell E. Mann from "A~C" Agricultural-Conservation to "HD" Hamlet Density. Location: S/side of Terry Court, Southold SCTM ~ 1000-069-03-6.1 through 6.4 DATE: August 14, 1990 The Planning Board has reviewed Russell Mann's petition to change the zone of his property on the south side of Terry Court, Southold from "A-C: Agricultural Conservation to "HD" Hamlet Density. The Board also listened to a presentation on the petition by Charles Cuddy, Mr. Mann's attorney. The Board decided to hold off preparing a recommendation to the Town Board until further review. PLANNING BOARD MEMBERS Bennett Orlowski', Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 31, 1990 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York I 1971 Fax (516) 765-1823 Charles R. Cuddy 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901 RE: Change of Zone Petition of Russell E. Mann from AC to HD SCTM# 1000-03-6.1-6.4 Dear Mr. Cuddy: In referenced to the above mentioned change of zone petition, please disregard a memorandum that was forwarded to the Town Clerk's office, then yours in error. The Planning Board plans to adopt a report by resolution at its August 13, 1990 public meeting. If you have any questions, please do not hesitate to contact this office. y truly yours, Town Planner PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: RE: Judith T. Terry, Town Clerk Bennett Orlowski, Jr., Chairman Change of Zone Petition of Russell E. Mann from "A-C" Agricultural-Conservation to "HD" Hamlet Density. Location: S/side of Terry Court, Southold SCTM ~ 1000-03-6.1-6.4 DATE: July 30, 1990 The Planning Board has reviewed this request and has determined that the petition should be denied. The reasons for this recommendation are as follows: There is no demonstrated need for additional hamlet density housing in this area. The additional traffic that would be generated by this increase in density would have a significant impact on the intersection of Tucker Lane and State Route 25. G~La~t,~$ R. Gt~D~Y x~,-TTO~'q~Y AT LAW 180 O~ ~x~Y Ro~ (R~. 58) P. O. BOX 1547 R~, ~ 11901 August 2, 1990 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Office 53095 Main Road, Box 1179 Southold, NY 11971 Re: Your Memorandum Dated July 30, 1990 Change of Zone Petition of Russell E. Mann Dear Mr. Orlowski: I am in receipt of a copy of your memorandum to the Town Clerk with reference to the change of zone petition of Russell E. Mann. Certainly I cannot fault the Planning Board for its expeditious handling of our application; however, I do note that the application was submitted on June 28, 1990 and that in the interim the Town Board has requested that an environmental assessment be completed by its consulting firm, Cramer, Voorhis & Associates. Since an environmental assessment had not yet been completed, I was somewhat surprised that the Planning Board had completed its review of the application. In addition, since the applicant has been significantly affected by a recent change of zone on the ajoining property, I was hopeful that the Board, both as a matter of procedure and as a matter of courtesy, would permit the applicant and his attorney to appear to further elaborate upon the need for a change of zone for the subject parcel. As you are aware, the applicant lives a stone's throw from the Town Hall. Yet neither he nor I received any notice that this matter was being considered by the Planning Board. We would both appreciate the opportunity to appear before your Board to at least discuss the grounds for the petition and to have the opportunity to respond to the Board's concerns. May I hear from you at your earliest convenience? Very truly yours, Charles R. Cuddy - 3 1990 YLIDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 5, 1990 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-180! Lead Agency Coordination Request 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 application and a completed Long Environmental Assessment Form (EAF) to assist you in your response. Project Name: Russell E. Mann Requested Action: Petition for a change of zone from "A-C" Agricultural-Conservation District to "HD" Hamlet Density District on certain property located on the southerly side of Terry Lane, Southold, New York. SEQRA Classification: Unlisted Contact Person: Judith T. Terry, Town Clerk, Town of Southold The lead agency (ELS) on this project. this office immediately. of this letter, it will agency. will determine the need for an environmental impact statement If you have an interest in being lead agency, please contact If no response is received from you within 30 days of the date be assumed that your agency has no interest in being lead L JL'i. - 9 19gO Page 2. Agency Position: [ ] This agency has no objection to your agency assuming lead agency status for this action. [ X] This agency wishes to assume lead agency status for this action. [ ] Other. (See comments below) Comments: Please feel free to contact this office for further information. Very truly yours, Judith T. Terry ~ Southold Town Clerk Enclosures Copies of this request and all attachments to the following: Commissioner Jorling, NYS-DEC, Albany Robert Greene, NYS-DEC, Stony Brook Southold Town Planning Board (without attachments)f Southold Town Building Department Suffolk County Department of Planning Suffolk County Department of Health Services NYS Legislative Commission on Water Resource Needs of Long Island Charles R. Cuddy, Esq., for Russell E. Mann (without attachments)' Southold Town Clerk's Bulletin Board (without attachments) JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 July 9, 1990 Southold Town Planning Board Southold Town Hall Southold, New York 11971 Gentlemen: Transmitted herewith is the petition of Russell E. Mann requesting a change of zone from "A-C" Agricultural-Conservation District to "HD" Hamlet Density District on certain property located on the southerly side of Terry Lane, Southold. Please prepare an official report defining the conditions described in said petition and determine the area so affected by your recommendation and transmit the same to me. Thank you. Very truly yours, $outhold Town Clerk Attachment ,]IJL - 9 99o RECEIVED CASE t~o: ~'~-~ STATE OF NE%V YOPJf TOWN OF SOUTHOLD JUN 2 8 1990 PET1TION IN THE I~IA'rTER OF 77-1E PETITION OF RUSSELL E. MANN FOR A CI{ANGE, I~IODIFICATION O1% Ai%IENDRIENT OF THE BUILDING ZONE ORDT,'4- .~NC.E Of' THE TO%VN OF SOUTHOLD, SLrFFOLIf COUNTY, NEW YORK. TO TH~ TOWN BOARD OF THE TOWN OF SOUTHOLD: (Lrmert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at ~Hamlet and Town of Southold, ~.a..,i..~.....R..g.a..d.....&....~..e..r.r.Y.....C..°..?.~,.t.:. and more particularly bounded and described as follo~vs: 8.304-acre tract of land extending from the westerly side of the Main Road to the Long Island Railroad, and from the easterly side of Terry Court, Hamlet and Town of Southold. The subject premises adjoins a 2.092-acre parcel of the applicant and improved with a two-story dwelling and accessory buildings (as shown on the attached copy of a survey map). This ~.304 acre tract of land is presently vacant land and adjoins lands to the west now an "Affordable Housing" District with density of one-half acre. This 8.304 acre parcel is located within one-half mile of a Hamlet Business District of the Hamlet of Southold (as required by Article IV, Section 100-41 of the Southold Town Zoning Code. 2. I do hereby petition the Town Board of the Tow, of Southold to change, modify and a~nend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, Including the Building Zone l~[aps heretofore made a part thereof, as follows: From the present zoning classification : Agricultural-Conservation (A/C) To Hamlet Density (HD) 3. Such request is made for the following reasons: ~ the ~remi~es.is surrounded qy 9ther landsl°ca~ed in R-40 Lone uis~rict, the Residential-Office ~R-O) Zone District, and the Agricultural-Conservation (A/C) Zone District; (b) abutting this property along the southerly property line is an Affordable Housing District permitting 20,000 sq. ft. density for dwelling units (or half-acre zoning); (c) the premises is located within one-half (1/2) mile of the Hamlet Business (HB) Zone District of the Hamlet of Southold. (L. S.) ................. : ............... RUSSELL E. MANN STATE OF NEW YORK, ) ) SS:- COUNTY OF SUFFOLK, ) · B-I~.S-I~-L.I'..~'-.~8.N.N ........................ , BEING DULY SWOP, N, deposes and says that he is the petitioner in the within actio,; that he has read the foregoing' Petition and knows the contents thereof; that the same is true to his ~tex) own knowledge, except as to the matters therein stated to be alleged o. information and belief, and that as to those matters he believes it to be true. Sworn to before me this .2.5.th da), of June 19.90. CHARLES R. CUDDY Notary Public. State of New Yo~ No. 5872225 Qualified in Suffolk County Commission Expires Dec. 31,19 CHARLES R. CUDDY Notary Publfc, State of New No. 5872225 C Qualified In Suffolk County ommisaion Expires De~. 31, 19 Matter of Russell E. Mann Change of Zone Application DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Terry Court, said point also referred to as the most southwesterly corner of Glover Street, from said point of beginning: RUNNING THENCE along the southerly side of Terry Court the following courses and distances: (a) South 21° 54' 00" West 17.12 feet; (b) South 61° 13' 20" East 143.57 feet; (c) South 71" 34' 50" East 285.68 feet; RUNNING THENCE North 16"48'00" East 297.17 feet to lands now or formerly of Akscin; RUNNING THENCE the following two courses and distances: (a) North 73"12'00" West 124.75 feet (b) North 72~ 46' 10" West 474.11 feet; RUNNING THENCE South 30°37'00'' West 150.07 feet; THENCE North 42° 49' 50" West 402.77 feet; THENCE North 18°08'50" East 260.58 feet to the Long Island Railroad; THENCE along lands of the Long Island Railroad North 69° 12' 10" East 260.58 feet to lands now or formerly of Zgombic; THENCE along lands now or formerly of Zgombic South 60" 26'00" East 307.09 feet to the point or place of BEGINNING. 5. Approximate percentage of proposed project site with slopes: ~[~0-10% 1 0 0 % i-110-15%, I-I15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? I-IYes 7. Is project substantially contiguous to a site listed on the Register of National Natura Landmarks~ I-lYes )(]No 8. What is the depth of the water table? 3§-40+(in feet) · 9. Is site located over a primary, principal, or sole source aquifer? i-lYes ~lNo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? i-lyes 0(1No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered~ I-lYes t('lNo According to, Identify each species 12. Are there any unique or unusual land forms on the project site? (i/e., cliffs, dunes, other geological formations) r-lyes ~No Describe ri Q 13. Is the project site presently Used by the community Or-neighborhood as an open space or recreation area? I-lYes I~No If yes, explain 14. Does the present site include scenic views known to be important to the community~' nYes [~No ' 15. Streams within or contiguous to project area: none a. -Name of Stream and name of River to which it is tributary rlone 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name nnrl~, b. Size (In acres) 17. Is the site served by'~xisting p.ublic utilities? i-lYes k"lNo a) If Yes, does sufficient capacity exist to allow connection? I-lyes CINo N/A b) If Yes, will improvements be necessary to allow connection? i-lyes ENo N/A 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 2S-AA, Section 303 and 304? nyes ~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 I-lYes ~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? r-lyes B. Project Description 1. Physical dimensions and scale of proiect (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by proiect sponsor R. b. Project acreage to be developed: 2_+ acres initially; ? R-~_ c. Project acreage to remain undeve!oped _ Fl 7R&+ acres. d. Length of project, in miles: N./A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed N/A %; f. Number of off-street parking spaces existing , 4 _; proposed . · g. Maximum vehicular trips generated per hour 0 (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Initially Ultimately 1 ~ i. Dimensions (in feet) of largest proposed structure _ height; . width; j. Linear feet of fro.ntage along a public thoroughfare project will occupy is? 3 acres. acres ultimately. length. N/A ft. N/A Condominium PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effec on the environment. Please complete the entire form, Parts A through E. Answers to the~e questions will be considere( as part of the application for approval and may be subject to further verification and public review. Provide any additiona information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involv, new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specif. each instance. NAME OF ACTION Russe]! E. Mann - ApDIicati0n for Chanae LOCATION OF ACTION (Include Street A~,,~f~a~, Municipality and County) Main Road and Terrv Court. £nuthn]d. NAME OF APRUCANT/SPONSOR Charles R. Cuddy as Attorney for Russe[I . P.O. Box 154.7, 180 01d Country Road CITY/PO Tnwn nf Rnnt'hnldt Suffolk CoUnL IBUSINE~ TELEPHONE Manl] (5.1~ 369-8200 NY .11901 NAME OF OWNER (If I BUSiNE~ T~i ~ONE Russell E. Mann and Joan A. Mann ADDRESS (516 765- 5100' P.O. Box 1438 Southold DESCRImlONOFACTION I~A~ ZIP CODE NY 11971 Request for change of zone to Hamlet Density (HD) from the present zone classifications: Agricultural-Conservation (A-C) Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall proiect, both developed and undeveloped areas. 1. Present land use: DUrban E]lndustrial nCommercial nForest E~Agriculture I-IOther 2. Total acreage of project area: R _ ~04 acres. APPROXIMATE ACREACE PRESENTLY Meadow or Brushland (Non-agricultural) acres Forested acres Agricultural (Includes orchards, cropland, pasture, etc.) 7-+ acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres Water Surface Area acres Unvegetated (Rock, earth or fill) ... 1.304+ acres Roads, buildings and other paved surfaces* acres Other (Indicate type), acres 3. What is predominant soil type(s) on project site? tc~D ~.qi ] I~[Residential (suburban) cultural-Conservation nRural (non-farm AFTER COMPLETION acres acres acres acres acres acres acres -' acres a] Soil drainage: F~Well drained ~)~ % of site [~Moderately well drained R % of site I-1Poorly drained % of site b, If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NY Land Classification System? ~ acres. {See I NYCRR 370). 4. Are there bedrock outcroppings on project site? l-lYes ~No a. What is depth to bedrock? (in feet) ' 25. Approvals Required: Type Submittal Date City, Town, Village Board I-XYes DNo City, Town, Village Planning Board DYes ~No City, Town Zoning Board i-lyes ~No City, County Health Department D-lYes r-INo Other Local Agencies [~Yes I-INo Other Regional Agencies [~Yes r-INo State Agencies i-lYes FXNo Federal Agencies i-lYes [~No Southold Town Board County Planning 6/27 /90 6/ /90 C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision~ ~Yes i-INo If Yes, indicate decision required: [~zoning amendment I-Izoning variance I-lspecial use permit i-lsubdivision i-lsite plan I-Inew/revision of master plan i-lresource management plan i-lother 2. What is the zoning c[assification(s)of the site? A-C and R-ar0 3. What is the maximum potential development of the site if developed as permitted by the present zoning.~ four lots 4. What is the proposed zoning of the site? Hamlet Density (HD) 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? s i x_%_een 6. Is the proposed action consistent with the recommended uses in adopted local land use p[ans.7 I'~Yes i-lNc 7. What are the predominant land use(s) and zoning classifications within a % mile radius of proposed action.;? R-40 and Residential-Office (R-O) 8. Is the proposed action compatible with adjoining/surrounding land uses within a % mile~ [~Yes linc 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? I-lyes 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? DYes C~No a. If yes, is existing capacity sufficient to handle projected demand? D-lYes liNo 12. Will the proposed action result in the generation of traffic significantly above present levels? I-lYes IX1No · a. If yes. is the existing road network adequate to handle the additional traffic? I-lYes ['-1No. D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adversc impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate of avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. App(icant/S~lb)~Y, Name Russe]] E. Mann Signature j/~)~~'~ ,~' n Date If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 2. How much natural material [i.e., .rock, earth, etc.) will be removed from the site? none at 3. Will disturbed areas be reclaimed? nYes ONo . i-IN/A a. If yes, for what intend~C purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? OYes c. Will upper subsoil be stockpiled for reclamation? I-lyes i-INo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. $. Will any mature forest (over 100 years 0id) or other locally-important vegetation be removed by this project? i-lyes ~No 6. If single phase project: Anticipated period of construction 1 8 months, (including demolition). 7. If multi-phased: N/A a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase .. d. Is phase I functionally dependent on subsequent phases? 8. Will blasting occur during construction? Oyes I'liNo month year. F'lYes ONo 9. Number of jobs generated during construction 4 ; after project is complete 1 10. Number of jobs eliminated by this project. 0. 11. Will project require relocation of any projects or facilities? OYes ~No If yes, explain . thi time . 12. Is surface liquid waste disposal involved? I'lyes IFINo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [~Yes ONo Type ~Pwag~ · 14. Will surface area of an e~isting Water body increase or decrease by proposal? OYes Explain 15. Is project or any portion of project located in a 100 year flood plain? I-lYes X X:3 No 16. Will the project generate solid waste? OYes i~No a. If yes, what is the amount per month, tons b. If yes, will an existing solid waste facility be used? I-IYes I-1No C. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain OYes ONo 17. Will the project involve the disposal of solid waste?' a. If yes, what is the anticipated rate of disposal? b. 13 yes, what is the anticipated site life?., 18. Will project use herbicides or pesticides? I-lYes OYes [~No tons/month. years. 19. Will project routinely produce odors (more than one hour per day)? I-lYes ~bVNo 20. Will project produce operating noise exceeding the local ambient noise levels.;' i-lYes 21; Will project result in an increase in energy use? I-lYes I~No If ~es , indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day . gallons/day. 24. Does project involve Local, State or Federal funding? OYes ~No If Yes, explain D(1No NAME, 1008-63-6-1 PROOF OF MAILING OF NOTICF ADDRESS. Griswold-Terry-Glover Post #803 Southold, NY 11971 1000-63-6-2 Mr. and Mrs. Robert W. 46925 Hain Road Southold, NY 11971 Pritchard 1000-69-3-9.3 Christian F. Baiz III 155 Midland Avenue Bronxville, NY 10708 1000-59-11-1 Charles and Marianne B. Otis 25-51 47th Street Astoria, NY 11103 1000-59-11-2 1000-70-1-1 Wladyslawa Jabalja 155 Glover Street Southold, NY 11971 Irene Gail Henry P.O. Box 916 Southold, NY 11971 1000-70-1-6.1 1000-70-1-2 STATE OF NEWYORK : COUNTY OFSUFFOLK: Southold Villas Inc. 97 Crows Nest Court New York, NY 11030 Mr. and Mrs. James W. P.O. Box 278 Mai~ Road Southold, NY 11971 SS.: Loughlin 'Ellen C]ark , residing at 4 Paine Commons, Yaphank, N~w Ynrk 119§7 , being duly sworn, deposes and says that on the 26th day of ,1 u n m ,19 9 0 , deponent mailed a true copy of the Notice set forth on the reverse side hereof, directed to each of the abov .-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the cur- rent assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Ri verhead, New York ; that said Notices were mailed to each of said persons by (certified} ;{r~it:~ fe.~ ) mail. Ellen Clark Sworn to me this 26th day of June ,19 90 CHARLES R. CUDDY Notary Public. State of New Yo~ No. 5872225 Qualified in Suffolk ~o~n~y /.~ Commission ~ Der. 31, 19 ~fb TOWN BOARD, TOWN OF SOUTHOLD In the Matter of the Petition of RUSSELL E. MANN to the Town Board of the Town of Southold. TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Town Board of the Town of Southold to ~requesta change of zone. 2. That the property which is the subject of the Petition is located adjacent to your prope~y and is des- crlbed~foIIows: 8.304-acre tract of land alonfl the south side of Terry Court in Southold. Town of $0uthold, identified on the Suffolk County .Tax Maps as District 1000, Section 69, Block 3, p/o 006. 3. That the property which is the subject of such Petition is located in the following zoning district: A-C (Aqricultura! Conservation) 4. That by such Petition, the undersigned will request that the above-described property be placed in the following zone district classificat on: HamlEt D~nsitv (HD). n,,vc,,=n+ tn a.+~. IV Section 100L41, for location within oneLhalf (172)-~f]'6 6~ a"l~i~t B~iFFOSS District of Southold Hamlet. - 5. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. 6. That before the relief sought may be granted, a public hearing must be held on the matter by the Town Board; that a notice of such hearing must be published at least ten days prior to the dat~ of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to ap- pear and be heard at such hearing. Dated: June 25, 1990. Russell E. Mann Petitioner c/o'Charles R. Cuddy as Attorney ~,~ Post Offlce Address: P_O Ro× 1547 - : 180 Old Country Road -':: ~" Riverhead~ NY 11901 / -- ..'/"/-s. I t I \ \ \ \ ZONING MAP SUFFOLK COUNTY MASTER PLAN UPDATE NEW YC PREPARED BY Parish & ~Veiner Inc.PLANNING AND COMMUNITY DEVELOPMENT CONSUL'R~NTS - '~ARRYTOWN,