HomeMy WebLinkAbout1000-78.-7-42 FOWN OF SOUTHOLD ~
Suffolk Connly, Mew York 516 - 765-1801 ~ ~,
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3.
4.
5.
6.
7.
e
11.
12.
MINOR SUBDIVISION
6 copies sketch plan received
spot elevations
sent to Planning Board
Meet 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 of final map
Covenants and restrictions
Description of property
~ote 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
P. O. Drawer A
Jamesport, NY 11947
October 16, 1987
Southold Town
Main Road
Southold, NY
Planning Board
11971
Dear Sirs:
Please find enclosed the
of Schade at Southold which
County Department of Health
HER:ml
Enc.
CC: Southold Town Zoning
Jamie Schade
map for the proposed set off
has been stamped by the Suffolk
Services.
Sincerely,
Henry E~ Raynor, '~3r. u
Board of Appeals
Southold, N.Y. 11971
(516) 765-1938
March 8, 1988
Mr. Henry Raynor,Jr.
P.O. Drawer A
Jamesport, NY 11947
RE:
Subdivision of
George P. Schade
SCTM ~ 1000-78-7-42
The following action was taken by the Southold Town Planning
Board, Monday, March 7, 1988.
RESOLVED that the Southold Town Planning Board deny without
prejudice the application for the set-off located at Cedar Lane,
Southold.
If you have any questions, please don't hesitate to contact
our office.
cc: Building Department
jt
Very truly yours,
BENNETT ORLOWSKI, JR. CHAIRMAN~
SOUTHOLD TOWN PLANNING BOARD
BY HAND
P. O. Drawer A
Jamesport, NY
January 7, 1988
11947
Gerard P. Ge'ohringer, Chairman
Southold Town Zoning Board o~ Appeals
Main Road
Southold, NY 11971
RE: Application of George P. Schade - No. 3514
Dear Mr. Geohringer:
I am in ceceipt of a copy of the Zoning Board of Appeals
decision and feel that some errors have been made as a result
of another decision adjoining this property on Cedar Lane,
Southold.
Please note Item 4G - the basis for relief of areas indicated
in your decision is not that area of relief sought by Mr. Schade.
We do not propose to reduce the size of the properties to 13,000
and 17,000 square feet respectively but rather request an area
variance so that each of the properties will be 26,492 square feet.
This is in conformity with the adjoining properties surrounding
the applicants property.
Based on the error in Item 4G, the Board's reasoning for
Iten 4H would be mitigated. Based also on Item 4G, Items 6A,
the amount of relief, would be mitigated. This would also
apply to Item 6E and 6G.
I have requested Mr. Orlowski, Chairman of the Planning
Board, to adjourn our appointment pending your Board's review
of these extraordinary circumstances that have befell my client.
I am sure from the above reasoning it will be clear that the
innocent error in this decision has the potential for irreparable
harm. I am sure that justice will be more aptly served with
a reconsideration by your Board.
Sincerely,
HER:ml
Henry E. Raynor, Jr.
BY HAND
P. O. Drawer A
Jamesport, NY 11947
January 7, 1988
Bennett Orlowski, Jr., Chairman
Southold Town Planning Board
Main Road
Southold, NY 11971
Dear Mr. Orlowski:
Pursuant to the application for set off of George
Schade, I would request an adjournment of this decision
until such time as the Zoning Board of Appeals has finished
reconsidering this matter.
There appears to be some errors in the Zoning Board of
Appeals decision mixing property sizes with that of an
adjacent application that was before them at the same time.
Mr. Geohringer has been contacted to request that
further review and consideration will be given by their Board.
Based on the above, I would appreciate an adjournment on
this appointment.
Very truly yours,
aynor, Jif.
HER:ml
P. O. Drawer A
Jamesport, NY 11947
October 16, 1987
Southold Town
Main Road
Southold, NY
Zoning Board of
11971
Dear Sirs:
Please find enclosed the
of Schade at Southold which
County Department of Health
HER:ml
Enc.
CC: Southold Town Planning
Jamie Schade
Appeals
RE: Appeal No. 3514
map for the proposed set off
has been stamped by the Suffolk
Services.
Sincerely,
Board
4
.o,.,,~.go, ..wYork OCT O 8 lg8T _
Ti:is is to certif't that the proposed arrangements fcr wa:er supply
with a 1.,~, ~. . I~s
Consent is hereby gk, en fa' the filing of tho n'zp aa w~ch IHs
~nch~se.'~ent opptars in the Offke of the C~unly Cleric In eccord~n:t
v, lth provisions af the Fubllc Hmlth Law and tl,.e Sulfolk Ceumy
~. O. Drawe~ A
amesporc, mY 1]
October 24, 1987
Southold Town Planning Board
Main Road
Southold, NY 11971
Dear Sirs:
Please find enclosed a copy of the Declaration of
Covenants and Restrictions filed with the County Clerk,
as requested by the Suffolk County Department of Health
Services with regard to the set off application of Schade,
as per your request.
HER:ml
Enc.
~incerely, n ~
OCT 27 1987 _
DATE
P. O. Drawer A
Jamesport, NY 11947
October 16, 1987
Southold Town Zoning Board of Appeals
Main Road
Southold, NY 11971
RE: Appeal No.
Dear Sirs:
3514
Please find enclosed the map for the proposed set off
of Schade at Southold which has been stamped by the Suffolk
County Department of Health Services.
HER:ml
Enc.
CC:
Southold Town Planning Board
Jamie Schade
.......... : ~ .>.'JQ~,]7,~F COVENA~.,, A~D RESTRICTIONS
'"' , ',' · ~ ~>~,~RATION made by GEO[~GE~P. SCHADE, this 20th day
of July, 1987, residing at 355 Cee{ar Avenue, Southold, New York
hereinafter referred to as the DECLARANT, as the owner of premises
described in Schedule "A" annexed hereto (hereinafter referred to as
the PREMISES) desires to restrict the use and enjoyment of said
PREMISES and has for such purposes determined to impse on said
PREMISES covenants and restrictions and does hereby declare that
said PREMISES shall be held and shall be conveyed subject to the
following covenants and restrictions:
1. DECLARANT has made application to the Suffolk County
Department of Health Services (hereinafter referred to as the
DEPARTMENT) for a permit to construct, approval of plans or
approval of a subdivision or development of the PREMISES.
2. As a condition for approval of the DEPARTMENT of such
subdivision or development, the DECLARANT covenants that there shall
be no conveyance of any portion of the property unless public water
is extended to said lot if public water is available to supply said
subdivision.
~ 3. The DECLARANT, its successors and/or assigns shall set forth
~ these covenants, agreements and declarations in any and all leases to
occupants, tenants and/or leassees of the, above described property and
shall, by their terms, subject same to the covenants and restrictions
contained herein. Failure of the DECLARANT, its successors and/or
assigns to so condition the leases shall not invalidate their automatic
subjugation to the covenants and restrictions.
-1-
'10439
All of the covenants and restrictions contained herein
sba.1 be construed to be in addition to and not in derogation or
limtation upon any provisions of local, state and federal laws,
ordnances, and/or regulations in effect at the time of execution of
thil agreement, or at the time such laws, ordinances, and/or regulations
may thereafter be revised, amended, or promulgated.
5. This document is made subject to the provisions of all laws
required by alw or by their provisions to be incorporated herein and
they are deemed to be incorporated herein and made a part thereof,
as t~ough fully set forth.
5. The aforementioned Restrictive Covenants shall be enforceable
Dy tie County of Suffolk, State of New York, by injunctive relief or
by aly other remedy in equity or at law. The failure of said agencies
or t~le County of Suffolk to enforce' the same ~hall not be deemed
to a:]fect the validity of this covenant nor to impose any liability
what:~oever upon the County of Suffolk or any officer or employee thereof.
7. These covenants and restrictions shall run with the land and
shal2 be binding upon the DECLARANT, its successors and assigns, and
upon all persons or entities claiming under them, and may be terminated,
revok,d or amended by the owner of the premises only with the written
consent of the DEPARTMENT.
~. If any section, subsection, paragraph, cluase, phrase or
provision of these covenants and restrictions shall, by a Court of
competent jurisdiction, be adjudged illegal, unlawful, invalid, or
held ~:o be unconstitutional, the same whall not affect the validity
of these covenants as a whole, or any other part or provision hereof
other than the part so adjudged to be illegal, unlawful, invalid, or
unconstitutional.
10429
9. Local Law t32-1980 - The DECLARANT represents and
warrants that he has not offered or given any gratuity to any official,
employee, or agent of the Suffolk County, New York State, or of any
political party, with the purpose or intent of securing favorable
treatment with respect to the performance of an agreement, and that
such person has read and is familiar with the provisions of Local Law
132-1980.
noso
-3-
~,"i',- CF: NEW YO:IK
COl, '~:; :!:uffoIk
El rTE A. KIHSELLA,
,~ !;l ~te of New York
f FIE 3Y CERTI :Y that
'~ d that it is a .ust and
cl t ~e whole t ~ereof.
I)l TESTIMONY WHifF
C )1 nty and Court this ,,.
Fcii ~1 '134
;I
DECLARANT George
SCHEDULE A
DESCRIPTION OF PROPERTY
P. Schade
H.D. REF. NO. OR NAME OF SUBDIVISION set off of George P. Schade
ALL that certain plot, piece, or parcel of land situate, lying and being
the Town of Southold, County of Suffolk and State of New York being
bounded and described as follows:
BEGINNING at a point on the westerly side of Cedar Lane sa~ point distant
217.02 feet notherly when measured along the westerly side of Cedar Lane
from the corner formed by the intersection of the northerly side of
Bayview Road and the westerly side of Cedar Lane and from said point or
pla=e of beginning;
RUNNING THENCE North 66 degrees 20 minutes 00 seconds West along lands now
or formerly of Grant and later lands now or formerly of Stisliani 265.00
feet to the lands now or formerly of Zebroski;
THENCE, North 25 degrees 05 minutes 30 seconds East along said lands 200.00
feet to the lands now or formerly of A. Schade;
THENCE South 66 degrees 20 minutes 00 seconds East
feet to the westerly side of Cedar ~ane;
THENCE South 25 degrees 05 minutes 30 seconds West
of Cedar Lane 100.00 feet to the point or place of
along said lands 265.00
along the westerly side
BEGINNING.
-4-
ST!TE OF NEW YORK)
CO NTY OF SUFFOLK)
On the ~0 day of
ca e George P. Schade,
J ~y 1987, before me personally
to me known' to be the individual described
in and who
he executed same.
executed the foregoing instrument and acknowledged that
NOTARY PUBLIC
NOTARY PUBLIC. State ot P;aw York
No. 52-45199~9 Suffolk County ~
~mm~slon ~pJres November 30, ~
-5-
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEAL,c .,j
Appeal No. 35]4
Application Dated May ]9, ]986
TO: Mr. Henry E. Raynor, Jr., as Agent
for MR. GEORGE P. SCHADE
P.O. Drawer A
Jamesport, NY 11947
~ (s)]
At a Meeting of the Zoning Board of Appeals held on De~ .~ 1987
the above appeal was considered, and the action indicate~ below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[×] Request for Variance to the Zoning Ordinance
Article III, Section 100-3], Bulk Schedule
[ ] Request for
Application of GEORGE P. SCHADE for Variances to the Zoning
Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval
of the proposed insufficient lot area and width of two parcels in
this pending set-off division of land located along the west side
of Cedar Lane (west of Summit Road), Southold NY; County Tax Map
Parcel No. 1000-78-7-42. '
WHEREAS, a public hearing was held and concluded on November lO,
1987 in the Matter of the Application of GEORGE P. SCHADE under Appl
No. 3514; and '
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located in the A-40 Residen-
tial Zoning District and is a parcel of land containing a total area
of 52,984 sq. ft. and is more particularly identified on the
Suffolk County Tax Maps as District lO00 Section 78, Block 7,
Lot 42. '
2. The subject premises is improved with a single-family,
1½-story frame dwelling containing a liveable floor area of
1,040± sq. ft. and having setbacks: (a) from the front property
line at 128 feet, (b) from the southerly side line at 35±
feet, (c) from the westerly rear line at 86± feet, (d) from
the northerly side line at more than 125 feet.
.(CONTINUED ON PAGE TWOk
DATED: December 10, 1987.
Fo~n~ ZB4 (rev. 12/81)
CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
~Pag~ 2 - Appl. No. 3514
Matter of GEORGE P. SCHADE
Decision Rendered December
lO, 1987
3. By this application, appellant requests a Variance
from the Provisions of Article III, Section 100-31, Bulk
Schedule, of the Zoning Code, for approval of the proposed
insufficient area and width of two lots in this proposed
set-off division of land, as follows: (a) insufficient
lot area of 26,492, and (b) insufficient width (frontage)
of 100.0 feet, for each Parcel #1 and #2.
4. After research and investigation, the following
facts have been confirmed:
(a) the parcel adjoining the subject premises
at the south side consists of an area of 30,228 sq. ft.
[formerly Fritz] and was the subject of a denial by this
Board under Appl. No. 3657 rendered November 18, 1987
for similar relief;
(b) the parcel adjoining the subject premises
on the south (southwest) side [now or formerly Stigliani]
consists of an area of one acre and is identified on the
Suffolk County Tax Maps as Section 78, Block 7, Lot 43.
There is an appeal pending at this time for variances to
approve the proposed insufficient area of this one-acre
parcel into two substandard lots. No action has been taken
by this Board as of the date of rendering this decision;
(c) the parcel to the north (1000-78-7-41) of
the subject premises contains an area of 26,500± sq. ft.;
(d) the second parcel to the north (1000-78-7-40)
of the subject premises contains an area of 30,475± sq. ft.
in area;
(e) the third parcel to the north (1000-78-7-39)
of the subject premises consists of an area of 39,750 sq.
ft. [Lots 38 and 39 merged under common ownership during
1974];
(f) the lot under question which contains a
total area of 1.126± (or 52,984 sq. ft.) meets only 66%
of today's minimum lot-size requirement of 80,000 sq. ft.
(g) the relief requested under this variance to
further reduce the size of this property to 17,182 sq. ft.
or 13,046 sq. ft. is substantial, and meets 22% or less
of today's minimum lot-size requirement for each proposed
lot.
(h) As noted above, the lots proposed herein
are substantially smaller than those existing and legally
established in the immediate area.
5. Article III, Section
Zoning Code requires a minimum
minimum lot area of 80,000 sq.
lO0-31, Bulk Schedule of the
lot width of 175 feet, and
ft.
6. It is the opinion of the Board:
(a) that the amount of relief requested as to
lot area and lot width are substantial in relation to the
requirements;
Page 3 - Appl. No. 3514
Matter of GEORGE P. SCHADE
Decision Rendered December 10,
1987
(b) that the evidence submitted is not sufficient
to warrant a granting of the variances requested and the
criteria set by the Courts for this area variance has not
been properly met;
(c) the difficulties claimed are self-created;
(d) the lot area requirements have been in effect
for a minimum of 80,000 sq. ft. since May 1983, and for a
minimum of 40,000 sq. ft. since November 1971, for a total
of over 16 years, and prior to the conveyance in title of
this property to this owner/applicant;
(e) the percentages of relief requested are
substantial in relation to the requirements [as noted
previously];
(f) the variances, if granted, will in turn cause
a substantial effect on the safety, health, welfare, comfort,
convenience and order of the town;
(g) the circumstances of the property are not unique
and the variance, if granted, will set a precedent since there
are similar circumstances in the immediate area;
(h) in view of the manner in which the difficulties
arose, and in consideration of all the above factors, the inter-
ests of justice will be served by denying the variances applied.
Accordingly, on motion by Mr. Douglass, seconded by
Mr. Grigonis, it was
RESOLVED, to DENY the relief requested under Appl. No.
3514 in the Matter of the Application of GEORGE P. SCHADE.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass, Doyen, and Sawicki. This resolution was duly adopted.
lk
GERARD P. GOEHRINGER, CHAIRMAN
December 14, 1987
April 29, ]987
Mr. George p. Schade
355 Cedar Avenue .*
Southold, New York lIg7!
SUbject: Board of Review Hearing _ April
Proposed Subdivision of Schade,
(SCTM 1000-78-/_42)
Dear Mr. Schade:
3, 1987
Town of Southold
At the hearing held on April 3, 1987 you had an OpPortunity to
present your appeal of the department s ruling on the subject
application. , '
In accordance with the provisions of Article 2, Section 220, of
the Suffolk County Sanitary Code, the determination of the BOard of
Review is as fOllows.
Based on the infor ·
~equest for a
nome to utiiizJa['an~e and approve ' w~ll gran
· F~ ,cane Olic ~-~ new
public Water w' agrees
~ll b .... ~ ~lable
e made as s COnnection ~ '
The ....
· ~-~ncing of this waiver does not imply that your application
w~)! be automatically approved. It is your
that your application is Completeresponsibility to ensure
subject to Unnecessary delay. ; otherwise, your approval will be
Very truly yOurs,
R~bert A. Villa, P.E.
RAV/pd Chairman, BOard of Review
cc: Mr. W. Lindley
Mr. C. Lind
Mr. Henry E. Raynor, Jr.. p
Town of Southold Planning Boj j
Drawer A, Jamesport 11947
Southold Town Board of Appeals
MAIN ROAD-STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cJ71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
September 23, 1987
Mr. Henry E. Raynor, Jr.
P.O. Drawer A
Jamesport, NY 11947
Re: Appeal No. 3514 - George P. Schade (Variances)
Dear Henry:
This letter will acknowledge receipt of your letter
with enclosures received yesterday in the above matter.
We understand that the Town Planner m~y be submitting
a Planning Report soon.
It is expected that the public hearing on this matter
will be held about the last week in October and you will
be kept informed of developments.
Yours very truly,
CC:
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Ms. Valerie Scopaz, Town Planner.~
Southold Town Planning Board
DEPARTMENT OF HEALTH SERVICE5
CO~TY OF SUFFOLK
MICHAEL A. LOGRANDE
COUNTY EXECUTIVE
IAR 2 5 1987
DAVID HARRIS, M.D.. M,P.H.
March 23, 1987
Mr. George P. Schade
355 Cedar Avenue
Southold, New York 11971
Subject:
Board of Review Hearing - March 6, 1987
Proposed Subdivision of Schade, Town of Southold
(SCTM 1000-78-7-42)
Dear Mr. Schade:
At the hearing held on March 6, 1987, you had an opportunity to
present your appeal of the department's ruling on the subject
application.
In accordance with the provisions of Article 2, Section 220, of
the Suffolk County Sanitary Code, the determination of the Board of
Review is as follows.
Based on the information submitted, the Board denied the request
for a waiver for the 2 lot development until such time as public water
is available to both lots.
very [ruly yours,'
Robert A. Villa, P.E.
Chairman, Board of Review
RAV/pd
cc: Mr. W. Lindley
Mr. C. Lind
Mr. Henry E. Raynor, Jr. - P.O.
Town of Southold Planning Board
Drawer A, Jamesport 11947
COU~Y OF SUFFOLK
MICHAEL A. LOGRANDE
COUNTY EXECUTIVE
MAR 2 5 1987
[~)AVID HARRIS. M.D.. M.P,H.
March 23, 1987
Mr. George P. Schade
355 Cedar Avenue
Southold, New York 11971
Subject:
Board of Review Hearing - March 6, 1987
Proposed Subdivision of Schade, Town of Southold
(SCTM 1000-78-7-42)
Dear Mr. Schade:
At the hearing held on March 6, 1987, you had an opportunity to
present your appeal of the department's ruling on the subject
application.
In accordance with the provisions of Article 2, Section 220, of
the Suffolk County Sanitary Code, the determination of the Board of
Review is as follows.
Based on the information submitted, the Board denied the request
for a waiver for the 2 lot development until such time as public water
is available to both lots.
Robert A. Villa, P.E.
Chairman, Board of Review
RAV/pd
CC:
Mr. W. Lindley
Mr. C. Lind
Mr. Henry E. Raynor, Jr. - P.O. Drawer A, Jamesport 11947
Town of Southold Planning Board
T LD
Southold, N.Y. 11971
(516) 765-1958
June 24, 1986
Mr. Henry E. Raynor,
320 Love Lane
Mattituck, NY 11952
Jr.
RE: George P. Schade
Dear Mr. Raynor:
The following action was taken by the Southold
Town Planning Board, Monday,June 23, 1986.
RESOLVED that the Southold Town Planning Board
refer the following comments to the Zoning Board of Appeal's
with regard to the proposal for George P. Schade to set off
26,492 square feet from 52,984 square feet located at
Cedar Lane, Southold:
1. The Board notes that the proposed lots would be
greater or of approximately the same size as surrounding
lots in the area.
2. The Proposed Zoning Map proposes this area to be
R-40 which is one - acre residential.
Please contact this office if you have any questions.
Very truly yours,
BENNETT ORLOWSKI, JR. , CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
cc: Board of Appeals .
DEPARTMENTOFHEALTHSERVICES
CO~TY Of SUFFOLK
Michael A. LoGrande
FEB 2 0 1987
February 18, 1987
Mr. George P. Schade
355 Cedar Avenue
Southold, New York 11971
Re: Proposed Subdivision of Schade, (T) Southold
(SCTM 1000-78-7-42)
Dear Mr. Schade:
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 March 6, 1987, at 1:30 p.m.,
in the Suffolk County Legislature Meeting Room, County Center, Riverhead.
You and intereste~ parties are requested to appear, with or without counsel,
and you may produce any information or evidence concerning the above refer-
enced property.
Very truly yours,
Robert A. Villa, P.E.
Chairman
Board of Review
RAV:cah
CC:
Mr. Joseph H. Baler, P.E.
Mr. James L. Corbin
Mr. Walter G. Lindley
Mr. Henry E. Raynor, Jr.
Mr. Charles G. Lind
To~n of Southold Planning Board
COUNTYCENTER
(516) 548-3312
Ext. 12
COUNTY OF SUFFOLK
DATE:
We are in receipt of your letter dated
above referenced project.
DAVID HANNli. M.D.. M.P.H.
concerning the
This Department has no objection to your designation of lead
agency status.
Insufficient information is available for technical comments.
There is no record of an application to this Department.
D
[] A more accurate project location is needed.
(Suffolk County Tax Map No.)
4. This Department has received an application and it ~s.
[] Complete
[] Incomplete
[] Other:
D
e
It appears that the project can be served by:
Sewage Disposal System
[] Sewer System and Treatment Works
[] Subsurface Sewage Disposal System(s)
[] Other:
WWM-067
~,V~.~i*tI~AD.N.y. ! 1~0! (OVER) ( 516 ) 548-331:
(cont'd)
Water SupDlY System
[] A Public Water
Supply System
Individual Water Supply System(s)
Other:
Comments: The Health Depar~ent's primary environmental concern
pertaining to development is that the applicant comply with the
requirements of the Suffolk County Sanitary Code especially
Articles V and VI, and relevant construction standards for water
supply and sanitary sewage disposal· These considerations are to
be reviewed completely at the time of application. Full considera-
tion in placement of water supply wells and disposal systems is .
given to State and Town wetland requirements. The Health Depart-
ment maintains jurisdiction over final location of disposal and
well systems and the applicant should not undertake to construct
any water supply or disposal system without Health Department
approval.
Other portions of the Suffolk County Sanitary Code also apply to
commercial development such as Articles VII and XII. The Lead
Agency is requested to forward a copy of this form to the applicant
with its findings.
TSL~~~~ ~i ~ D
Southold, N,Y, 11971
(516) 765-1938 "~
June 5, 1986
Environmental Analysis Unit
DEC, Building 40, Room 219
SUNY
Stony Brook, NY 11794
Gentlemen:
Enclosed find a completed Short Envir6nmental Assessment
Form and a copy of the map of the subdivision of George Schade
located at Southold, Tax Map No. 1000-78-7~42.
This project is unlisted and an initial determination
of nonsignificance has been made. We wish to coordinate
this action to confirm our initial determination.
May we have your views on this matter. Written comments
on this project will be received at this office until June
19, 1986. We shall interpret lack of response to mean there
is no objection by your agency in regard to the State Environmental
Quality Review Act, and our agency will assume the status
of lead agency.
Very truly yours,
BENNETT ORLOWSKI, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
enc.
cc: Department of Health Services
P. O. Drawer A
Jamesport, NY
May 12, 1986
11947
Southold Town Planning Board
Main Road
Southold, NY 11971
Dear Sirs:
Please find enclosed twelve prints of the survey,
filing fee of $b0, form letter regarding drainage,
grading and road construction, part I of Short Environmental
Assessment Form, legal description and application for
approval of plat for the set off requested by George P.
Schade for his property at 365 Cedar Avenue, So~tnold, New
York.
As of tnis date we ~ave also applied'to the Southold
Town Zoning Boarg of ApPeals and the Suffolk County
Department of Health Services.
Sincerely,
HER:mi
Encs.
Southold Town Planning Board
Town Hall
Southold, New York 11971
Gentlemen:
Re: Set off of George P. Schade
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)
(2)
No grading, other than foundation excavation for a
residential building is proposed.
No new roads are proposed and no changes will be made in
the grades of the existing roads.
No new drainage structures
structures are proposed.
or alteration of existing
(3)
Yours truly,
'~P° PROJECT LD. NUMBER
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATIONI
· D~WS~ON OF REGULATORY AEFAmS
/
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I Project Information (To be completed by Applicant or Project sponsor)
1. Applicant/spensor , 2. Project Name
Oeorqe P. Schade set off
3. Project location:
M..i~ipem~ Southold Cou.t~ Suffolk
4, Is proposed action:
--~ New [] Expansion [] Modificatkmlalt~atio~
5. Describe project briefly:
subdivision of merged property into two lot~
335 Cedar Avenue, Southold, NY
7. Amount o( land affected:
Initially ~ ff 2 acres Ultimately 1 · 2 acres
[] Yes [] NO If No, describe briefly
area less than AR80
9. What is present land use in vicinity of project~
[] Residential [] Industrial [] Commercial
Describe:
[] Other :..
10, Does action involve a permit/approval, or funding now or ultimately, from any other governmental agency (Federal, state or Iocal)[
~] Yes [] No If yes, llst agenc!4s) and permit/approvals
Southold Town Zoning Board of Appeals
[] Yes [] NO If yes, list agency name and permit/approval type
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
iiPPlicantJsponsor name:~'~I m~ ~.~'~j ~ ~~ ~~
If the action is In the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
PART II Environmental Assessment (To be completed by AgencyJ
A. Does action ~c~ any Type I threshold in 6 NYCRR. Part 617.127 If yes, coordinate the review process and use the FULL,LONG I:ORA4 E^F.
[] Yes [] No
B. Will action.receive coordinated ~eview as provtded for Unlisted Actions in 6 NYCRR, Part 617.7~ If No, a negative declaration may be superceded by anoth.
involved action.
[] ~es [] No
C. Could action result in ANYadverse ~,,~" ' on, to, or arising' ' from the following:' (Answers may be handwritten, if legible]
CI. ExJstiog air quality, surface or groundwater quality o~ quantity, noise levels, existioi~ traffic patterns, solid waste production ot disposal, potential fo~ emsio,
drainage or floodin8 problems~ Explain briefly:
Histunc archeolog~cal, wsual or aesthettc, or other natural or cultural ~esou~ces; agricultural districts; or community Or neighborhood character; Explain bde
C3. Vegetation or fauna, movement of fish or wildlife species, significant habitats, or threatened or endangered speciesf Explain briefly:.
C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resourcesi' Explain briefly.
CS. Growth, subsequent development, or related activities Jikely to be induced by the proposed action~ Explain briefly.
C6. Secondary, cumulative, or other effects not identified in Cl-C6~ Explain briefly.
C7. A change in use of either quantity or type of ener8yf Explain briefly.
PART III Determination of $1gnlflcanoe (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise
significant. Each effect should be assessed in connection with its (a~ setting (i.e. urban or rural); (b~ probability of occurring;
(cJ duration; (dj irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting
materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified
and adequately addressed.
[] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then
proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration.
[] Check this boxif you have determined, based on the information and analysis above and any supporting documentation,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on
attachments as necessary, the reasons supportng this determinatiog:
B86
To the Planning Board of the Town of Southold:
The undersigned applicant hereby 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 Town
Planning Board, and represents and states as follows:
1. The applicant is the owner of record of the land under application. (If the applicant is not the
owner of record of the land under application, the applicant shall state his interest in said
land under application.)
2. The name of the 'subdivision is to be ..... .G..~.o.r. ~...P.:...S?.h..a. c3.?..'.'??..L...o?..~.". ........
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.. ~.~ ~.~ ............ 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 distrlbutee .................................................................... . ....
5. The area of the land is .... ~.2 .......... acres.
6. All taxes which are liens on the land at the date hereof have been paid except ............
7. The land is encumbered by ................ .N~..A. .........................................
mortgage (s) as follows:
(a) Mortgage recorded in Liber .............. Page .................. in original amount
of $ .............. unpaid amount $ ..................... held by ......................
.............. address .................................................................
(b) Mortgage recorded in Liber ......... Page ....................... in original amount
of .............. unpaid amount $ ...................... held by ......................
.............. address
(c) Mortgage recorded in Liber .............. Page ................ in original amount
of .............. unpaid amount $ ...................... held by ......................
...................... address .........................................................
8. There are no other encumbrances or liens against the land except .... .N../.A. ...............
9. The land lies in the following zoning use districts ARS0
10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex-
cept .... ~I./A ..........................................................................
11. The applicant shall at his expense install all required public improvements.
12. The land:~t~t~ (does not) lie in a Water District or Water Supply District. Name of Dis-
trict, if within a District, is ..............................................................
13. Water mains will be laid by ............. lq/A .........................................
and (a) (no) charge will be made for installing said mains.
14. Electric lines and standards will be installed by .... .L..I.~.C..O. .............................
..................................... and (a) (no) charge will be made for installing, said
lines.
15. Gas mains will be installed by ............. ~/.~ ..........................................
and (a) (no) charge will be made for installing said mains.
16. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Suffolk County Highway system, annex Schedule "B" hereto, to show same.
17. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Toxvn of Sonthold Highway system, annex Schedule "C" hereto to show same.
18. There are no existing buildings or structures on the land which are not located and shown
on the plat.
19. Where the plat shows proposed streets which are extensions of streets on adjoining sub-
division maps heretofore filed, there are no reserve strips at the end of the streets on said
existing maps at their conjunctions with the proposed streets.
20. In the course of these proceedings, the applicant will offer proof of title as required by Sec.
335 of the Real Property Law.
21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex
Schedule "D".
22. The applicant estimates that the cost of grading and required public improvements will be
$ .......... 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".
(Name of Applicant)
(Signature and Title)
(Address)
STATE OF NEW YORK, COUNTY OF .... ~ .......... ss:
.... ..............
· ~.~ .......... to me known to,be the individual described in and who
e cured the foregoing instrument, and acknowledged ~at .. t~ ..... executed the same.
Notary Public NOTAR¥ VUBUe, Stat0 0f New 0~' '~;ej ·
No. 524519999 Suffolk County
STATE OF NEW YORK, COUNTY OF ............................ ss:
On the ................ day ............ of .............. , 19 ....... before me personally came
....................... to me known, who being by me duly Sworn did de-
pose and say that ............ resides at No .....................................................
............................... that .......................... is the ..........
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.
MAY 1986
-THIS INDENTURE, made the
nineteen hundred and fort~'-e~.ght
THEODORA WEIGAND,
New York,
~.6~ day of March
, between LOUIS G. WEIGAND,
his wife, both residing at 9 Panohoh Pi~, Brooklyn,
and
Dr~ ~.~ SOHADE, an~ MARIE L. SCHADE, his wife,
ll~-O&, 105 Avenue, Richmond Hill, Long Island,
pa~ lee of the first part,
both residing at
New York
: , ~rt ~OSof the second part,
WITNRS~Ig'TH~ that ~e part ~OS ~f ~e first ~, in consideration of ............. ~ ....
......... ONE($Z&OO) - .................................. ' - ............ dolla~,
lawi~/mon~ of ~e U~t~d $~s, an~ oghom goo~ an~ valuable consideration, paid
~ ~e ~ leB0f ~e ~cond ~, ~ ~ grant ~d release unto the pa~ lesof the second part,
~d~ assize f~ever,
ALL tha~ traot~ parcel or place of lan~ situate at Ba~ View, Sn ~he
Town of Southold, County of Suffolk and State of New York and being
more particularly boun~e~ an~ ~escrlbea as follows:-
~E~INNIN~ at the Southeasterly corner thereof an~ at the point
of intersection forme~ by the westerly si~e of 0edar Lane an~ the
northerly line of the lan~s of John J. 0'Brien an~ ~he southerly line
of the premises herein; running thence in a general westerly ~lrectlon
along the northerly line 'of the lan~s of sai~ John J. 0~Brien and partly
by the Northerly line of the land~ of E~hel F. 0~Brien, N. S6 deg. 20'
W. a ~lstance of 2S§ feet; running thence in a general, northerly airec~-
ion along other lan~s of ~ULIUS ZEBROSXI~ end'parallel to
the westerly line of ~edar Lane, N. ~8 deg,0§' 80'' E. a distance of
~00 feet; running tb~noe in a general easterly ~l~ection an~ along lanes
0f,JULIU~ ZEBR0SKI, an~ parallel ~o the northerly line of the
lands of sai~ John J. 0~Brien an~ said Ethel ~. 0~Brien,S S~ deg,20'
E. a.i~is~ance of ~§ feet to the weaterly side of Cedar Lane, running
thence in a general southerly direction an~ along the-~esterly line of
Cedar ~ane, S.-~§ deg. ~ 80~ W. a distance of 200 fee~, ~o ~he poin~
or place of'beginnlng~ -
T0~ETHER ~ith all the right, title an~ interest of the par~iemi'
of tho first part of~ in and to Ood. ar Bano lyin~ in front of and
adjacent to the said premises and to the center line thereof.
~OGETHER wl~h a right-of-way for ingress and egress to Corey~s
Creek ~eadlng.from Bay View Road ~o Corey's Creek and running along
the lands of Godfrey Koke Estate and lands of Helen J. Flnck and being
one (1) rod in width, said right of way more particularly running along
the westerly line of-th$ lands now or formerly.of~Godfrey Koke S. 25 deg,
161 10 it W. a distance of 459.87 feet to the Northeasterly corner of the
lands of:Helen Pink; thence running along the northerly side of said
lands of Helen Pink N. 86 deg. 30~-W. a distance of 50: feet ; thence
along the westerly side of said lands of Helen Pink S. 18 deg. 21t E.
a-distance of 100 feet, mgre or less. to Corey's Creek;
to~er ~ the ~pu~en~sandallthees~te ~drightsofthepaR iOSof ~efirs~pa~ in and tosaid
premises;
TO.,HAVg AND TO HOLD ~e premiss herein ~anted unto ~e part les of ~e second ~rt,
and assigns for~er.
The parasol the'~irst par$"oovenant, that if'any improvements,
repairs or alterstions to the premises have been commenced and have
not been completed at least four months before the recording of this
deed, the Grant$r will receivethe consideration for this conveyance
as a ~rust fund to be applied first to'the paymen~ of the cost of
improvement before Hming any part of the total of the same for any
other purpose.
'
AND the part ~es of the first part, in compliance with Section 13 of the Lien Law, covenant
that t he~' will receive the consideration for this conveyance and will hold the right to receive such con-
sideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and that
g he~r 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.
AND said, parties of-~he first par~
covenant as follows:
Fzlzs?.--That $aid par.l~j..e~of the f.~.rs~; part, are
seized of said premises in fee simple, and have good' right to convey the same;
Szcom~.--That the part leaf the second .part shall quietly enjoy the said premises;
T:~n~.--That the said premises are/free from incumbrances;
FouRTH.--That the part feB. of the first part will execute or prOCure any further necessary assurance
of the title to said pr/m. ises;
F~rH.--The said parolee of i~he first par~ .......... ~ .... £-, ..... ~---
.............................- -- - - - -- will forever warrant the title to said premises.
IN WITNESS WHEREOF, the ?part !!.e 8 0f .the first part have hereunto set She :tl~nd'8
and seal S the day and year grst above W~itten.
'£1~.e otto ra we ~.gana ~
STATE OF NEi~ YORK
COUNTY OF '_ ~0r~.~. ~':
On the "~ day of NRroh , one thousand nine hundred and l~orty-eight
before,me came '- LolllS ~, Welgand and Theodora Weigand, his wife,
to me ~ to M ~e individ~ 8 de~fi~d in, ~d who ~ ~e forgoing instrument, and acknowl-
~Pubflc, St~teof Newyok
MAY21 1953,,
Cl~rk of ~dfolk Coa,,~
STATE OF NEW YORK
COUNTY OF ss.:
On the day of
before me came
to me known to be the individual
that he executed the same:
, one thousand nine hundred and
described in, and who executed the foregoing instrument, and acknowledged
STATE OF NEW YORK
COUNTY OF s:~.:
On the day of
, one thousand nine hundred and
before me came , the subscribing witness to the foregoing instrument, with
whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at
in ; that he knows
to be the individual described in
and who executed the foregoing instrmnent; that he, said subscribing witness, was present and saw
execute the same; and that he, said witness, at the same time subscribed h name as witness thereto.
i
A.D.~HADE
RECEIVED ~y
,~=~TUH :NE~ ~A LEVEL,'
$'C)LJq'IqOLr~' N.~". Il ,7~
5CALE. 40, 1
7OTAL AF4 E.n,. ~ 5Z,984 5. F
*~6 20 (DO E.
A o ,bCNAL~ E ~
N,,S6 20' CO"c,/
5UMMFF
14GAD
SE i-
3- PEOPEFZF'Y' 5U2VE'YED For&
,----.,, '..,,. ,-.-~ ,._
AT · _
BAYVI
tOk/N OF 50UTI-4QLD,
OCT O 8 1987
Consent is hereby Cyan for the filing ef the map on '~lch this
e~darsement appecs ir, the Office of lhe County CI~rk in accordance
with provisions of the Public fiaaith La~; end the Suffolk County
Sanitary Code.
50UTHOLD, N.'y'. 11971
LI.- ,./MqD 5~UPJVE · ~-u,.
D;rectar a Emronmentd Health