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Home My WebLink About1000-81.-1-25 ,r P2ELIK PLAN Q; �U��CI�/i + OIZ 1 OLE. A VF.FWUEt .�T '' . .. �._ -_� _SMONXvtLLU'. NY 10-706 — F34ky/\ft c I ' I aaL C '• � �. 1 � I , X , S1[fOIK-COUN?71EPARTMfM OF HEAL SERVICES JI MC 1 Q 1086 Hauppauge,Newyork�L.�i.--+.s+--�a++i! arrangements for water supply This is to certify that the proposed arrang 1 , K �srz and sewage disposal for - in the ((17W(4�O1 D with o total of 3 lots 150 t5a' were approved on the above date. j I R3' ' Consent is hereby given for the filing of the map on which this j endorsement appeors in the Office of the County Clark in otoprda ce ! tv with provisions of the public Health Low, and the Suffolk County i m Sanitary Code. ,� I Director irodltegtgI Health -- ,r, CE c:,;_ OF PFAI.,T-4 I � � �.a I sc��»r moo., � f„ -- ��`•` t.i n' j d MGlJ6ifv�Erfif F` oPAPTRI r ISO 1 I OO zltat$c s, zorcK; � i <` t � r:Fc�A� v:6 3oa r4.r--r. POoLs 900 GAL, 5-rPIw1C ..._J'1 i µr, I rESr 140LE 1404 I _�. •t igt� tl I lu �' i 17f r. 1 t I ! ro Un. wr +—_� _ _1 i U) 77 32'T07AL YtlLzLh +rRr . I �.�li�i l�� . •:r,r,� ,aet.t W F L 6 2t ro 6920. WATEK+ Al i 61` TO"AL WMf?I, , 1 i r I nf_ f 'JIE, ) WE; C� -!. r�'� 1�/'a•.jJ '�� T. t � ' . �, ,. _' + - rl I '` + "'�� _�• \L�;�-J i L c_ f i OF AMBt-trJp1D JULY ?, 1986 �P� t�cK _.NCV" L7t rr y o� . 0 E G 10 to ,> rri !r .Na •r:i"ri.. ...-tri +.. .. r+.— "r Z� <S7 i SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTM# : / p COMMENTS: w 1 • 0R tt 3 �1.. Mw 1 'A :- t ally i � t2y 78M balgabwl+Rr..aresdtaal TrblrM�IIa1lN.w; :T "saw d aw 7ebtl .'..< y MOOM dab added PMR Ioke Iera4 NMM r-kok era.wr Wh r/e tson/pr:toot lame a► r.. - td do Taut al at"wed pn t.rrwr. �ALAN.Mala II4 Pon or Pr N be4.,A d,I..iatp ad .qwr.,rn,,dswn sokeal ■waf► ttlE gleaam EahA1NY, in its Town N SAMhold, COMMIT N Softs and BMW'f` M Aaa/fnnladWIV hounded and daeastbe/Me diene f. talMwnl M in Ma NartMly Mm M MOM Ohr .vee tice!MI awaMNeN car or of Ind of fngh 00eab.tam flet M' SOZ w I»dweribW VICM , sad bond aim baltee dWeam bIN Sit add far r by the i am Ktion d"tam amememy Oda N . MM rM.Y. Of AN fpr Am Mead. TIMOM �- MoM/bb Mli ,M n~M lend a�wark aF&U 11tt 0m and of wnYaMil wolf b Mua!lues. low.; a" THENCE a" lard. of Paradise 4qw far... M.v:.. the hafts" rnq tut 01ww : 111 0010 70Ohara N a*enAaa It ..*,Itis East IN.N feat. (N► MWS% Ni M1gnama q /iMac N cards East Iled.00 4N to Mhe okean high WOW sorbd n its. East SULTo It a1x'�7Eialh 74 degrees 20 mutes N setotds (TWAVr 71 fa� nM tNNd Karm*w the teNse Ag t. wwsw and testancee. areee N anutaa N sands ae.t. %Ss.N %et. care w tabs. to a son Now; fMasamlT �t OKow N tah"do N,10010116 0104111 NS.So feel M hind now or TNaN�M.tq ►.ad WMO 010e or %n wty of Case the 0e11oawV thros courses and dM4 on; III mumble OtMarw 111 dWivA00 M salt's Woo, 2I.SS 4m (N) StMb 77 dean w 11 Mhndam 20 words hest. 222.I2 tem. (S/ SatAh It degrees St gMnutsa SI sen ti16 W", 112. IS fuel 10 the Northerly side of North Newt,, Road, THENCE 0" OV Northerly ode af�rvnra Ra EeMa1h N So wooed, am SM.OI $nam, 4129ra U rNrnMa* THEME North IS dgraam u Owaet N,*amok* a*N. Its.7* feet. TINUM Northam nNtattaam>s mhPVIam fd nacaaeds SM. 231.77 too. �J 2 8 i991 7 We"t ; X261 THENCE North 76 oegrees 07 minutes o0 seconds East, 19.8+ feet Ti- NCE North 4 degrees 41 m nutas 00 snonds Fos', 1-0.00 feet Th NCE North 05 awgrMf /9 omen aos 00 seconds Nest. 760.00 frt THL7tCE South 70 degrees 47 ns-nu as 00 sec ur._. East. '60.00 feet 'n rhe N Northerly side of North Beyviw Road, THENCE ebng the Nertlomrly t-de of North Baystw Road wth 74 degrees 4: minutes 10 seconds West. 197.70 11test to the point or pl"e of BEGINNING. B r,q its sem, premises as thea, conveyed to the part," of the first p'rt herein by der rom JOHN L. PLOcs s. AN%% A. PLOCh doled November 11. 1474, recorded Lrwaar 197S to Laser 7:" of ann.ry it, at ;,.9r 14' (coven prem,ses and morel. and by ted froom WILLIAM LEONE. deta,i May ?, 1S76, recurOod November 26, 1976 in Lfber a:60 of conveyances at page 779 (covers pre,-ses and morel e party of the secorw part has. simultan wsly herewith, executed a prsrchow matey mortgagt 1n the suns of $790.000.00 rntanded to t recorded scnsulbrwat:ly herwi h. I I. (I ti �ftdirtaM Rd B.p�.�rtiMrwteew . ...w •don dwrW Member e.ow a I.e.. tt..eeet. j gfjw�W&AA mppww�w an ow .err W ,Int. .A .b pen. d tb M. pen m ad w an AYE, I' wYRAA/01pi tr M4r.• tr,..t I -aurJ w.tt tk Any of tr ..eed pen. t NOWN•Ir a*"to tb p-.g of at.tr pn I a i Ale tb pan, .A _b bre I 11 — .,, a! .. Ire. . .b - b• rv.t 4nr ., .0—f . .nbg �. wbwfbY Ib u.A preen.., b.r .r. ..,mbr.. .•. . .I .n .cry a aS•r.wd. I Am U.r petty d tG lr.; Iar• ,.mL:.anc. w . _. .• •b _.rn :�• <..rnanb are .Y purr n/ tb b.pen .,a rarr..r ib c m.rNratrv•r. tw ,.r ,•-.., •ir. w A.:d :f. rKlt N ren .e sai.<ow,r• rretq.a to ,1"I u.b aptA'r'd 6", 1.,r hr pc*p • -f .•• ne ,.p•.rre.nt ant vE appy an)alta perpnv T.•r erti"p.m' .nal: le r.c� u�. • •. .�. .. ... . .y. ..... . .. ry u. . •ev.um N��M1�K� /11�Wn '2•rr Sr..pn n, f1. n..ut«1 m.. .fm: eo- L. u.J ar not aYr.e le neeuwn a'/ apo'* i. • •rtft!-. by ., r unn ALIOr My m Fs" / Tito.rus D.S. thy UI D.Dun- n.to,r v,n •F—ct r. 4. Lr � D .n.A•_a.,t_�..t •"' Y r9t 'p unn, ttOr Yin rig TIwMny7. Romms.r geunn. ttornoylin •tp •—Tii r r sr b Eon, ttorntY-�n . l` .. use e' Bad , `r r Y unn. tt 6 N•ribn, byrgt F Ounn, Atmrn fart �y MAltAY SrAta 01 NEt rOAR C011NTr OF NAffAU On do ITffi dod April. est. lent sI On tM dmv of Apn1 test, before me Ier.mJlf ar pa'",ally slse GEORGE P. DUN, to rete GEORGE P. DUN? ( krefin to be the Individual described In and Whom executed the nrgeinq Instrument. and r seesthee,raw r w do boosteddis fie known to ea theattortoy m fact of 1M �rn� following intNNdjols described in and fife, by sen atter.ry In qct. sack rNoM Wj IV exec,dsd "it etruowd rld 4y a, knwkdpo t$W ti • OMNI ed the soft as be an and: by virtue of a ►eaor at alte►fey daded. an xea �rm<Ned and to be retarded Suffolk measly Uon,k toe o/Oce Of the Suflole County Llerk IIAYM'IN0 J. KERESTER on Feb. 11, Ise!; THOMAS 0. SMITH on Feb. 13. Ise; WILLIAM HECHT en Jan. le, feel; isufalttbrsdsdeeawfie .. ==4V ►, 20AEIES on Feb. le, ISM; Or ` r n brfl. �I J. GIR B AREDE►ICKS ell Feb. 15. teal; rrfit/e,,,e ROGER BRACH es,f . la, No es exams,fieo. N ww Jaw .Test,M a.yr.. sad LEON HARIT( N fir res redia r 1Q f dr fir n tee r ; of tY atsywadw aneri►e c is ssd desk esatesd dfi fropong mrraesr.ter in 1 ear W wool es Tons tw po'fifia, diet tM N J•ad es► O is est tease n efie erpnt er1: the a s t in be� dMd y elder d r lista of feels,of it tvepws. dee,se/r[ fie old It mess tluwo ►) W alrfi. Vacent Land N.Bayviefi Rd., Southold, NT( _ District lees 4,: w► a us gwnnc rt Titq Ins. "J. Ydnater.. tot 20.4 u �'tiy„t C, rfT Ue I.." Southold. q, f wAnep, - l�weetederlck{ ��'^� eUetosn n" L.ge.e MaAen/M atter Ire awaYt{Yeteuee�fiat yen da V . nserl ar Tore t0 Golden, UF'm t Wan.►.C. I most 4my ATTENTIOt . ClrgtoFl.r A Golden, .,• 1 Lynbrook, Nr It S43 tTw T x- yl PECONIC LAND TRUST P.O.box 2088,30 Jammer Lane,Southampton,N.Y.11968 (516)283-3195 Fax{516)283-0235 June 17, 1991 /CE2fsT�J�i Valerie Scopaz Southold Town Planning Dept. `fid"` Town Hall, 53095 Main Road v'S P.O. Box 1179 Southold, New York 11971 Re: Plock property (1000-79-5-20.2) Located South of North Bayview Road Town of Southold Dear Valerie: As per our conversation on June 13th, I have done some research with regard to the "right-of-way" issue on the Plock family property in Southold. I attach for your review the following: (1) a copy of the original deed (1000-79-5-20.7) from John L. & Anna K. Plock to Raymond Kerester & Associates (1974). (2) a copy of the original deed (1000-79-5-20.7) from Raymond Kerester & Associates to Robert Herman (1988). (3) the most recent copy of the Plock Property deed (1000-79-5-20.2) which resulted from the Jakab foreclosure of the Plock property in 1990. We were very pleased to see that the right-of-way to the above referenced property was clearly described in both the original 1974 deed (1) and the recent 1990 deed (3) which returned the property back to the Plock family. The deed of property to Robert Herman (2) in 1988 does not directly mention the right of way, however, it does reference the 1974 deed from the Plocks and transfers all rights and appurtenances. Please let me know if I can provide further clarification in this regard. Thanks again for your time and assistance. Sincerely, Ti thy Caufield cc: J. Halsey A. Johnson 11 LAW OFFICES 1, WICKHAM, WICKHAM & BRESSLER, P.C. M MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAMMO TS,AGE OFFICE NEW YORK 11952 2A_ ERIC J.BRESSLER 16-H 98-5300 ABIGAIL A.WICKHAM 516-296-8353 TELEFAX NO.516-298-2012 DANIEL C.ROSS TELEFAX NO. 516-298-8565 KAREN J.HAGEN HUBERT F.SULLIVAN JOSEPH C.SAVINO June 6, 1991 Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Town Hall P.O. BOX 1179 Southold, New York 11971 Re: Plock/Kerester Subdivision SCTM # 1000-81-1-25 1000-79-5-20.7 Dear Mr. Orlowski: I have your letter of June 3, 1991, which I do not understand as a reply to my letter of May 16, 1991. The mere fact that the Planning Board approved a set-off on one of the transfers would indicate that it had no objection to the transfers and, therefore, approved them. I should be glad to take this matter up with Mr. Raynor, who was Chairman of the Board at that time, in order to confirm my position. Very d'a ly o rs Wi WW:hb PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman >> '"i s`'" J Supervisor George Ritchie Latham, Jr. fjJ ;j Richard G. Ward ' $ Town Hall, 53095 Main Road Mark S. McDonald -L P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 June 3 , 1991 William Wickham Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Plock/Kerester Subdivision SCTM # 1000-81-1-25 1000-79-5-20.7 Dear Mr. Wickham: This is in reply to your letter of May 16, 1991 . As noted by the Planning Board in its resolution, the set-off of a house from the subject property was not deemed to be a subdivision. The application before the Board at that time was for the set-off alone. However, the proposal now before the Board is for a major subdivision of eleven lots on one portion of the property. Accordingly our request still stands. Very truly yours, ennett Orlowski, Jr. ✓✓ S Chairman �6 L9- LAW OFFICES pQ WICKHAM, WICKHAM & BRESSLER, P.C. V MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM MORTGAGE OFFICE NEW YORK 11952 ERIC J.BRESSLER 516-298-5300 ABIGAIL A.WICKHAM TELEFAX NO. 516-296-2012 516-298-8353 DANIEL C.ROSS TELEFAX NO. 516-298-8565 KAREN J.HAGEN HUBERT F.SULLIVAN JOSEPH C.SAVING May 16, 1991 Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Att: Bennett Orlowski, Jr. Chairman Re: SCTM # 1000-81-1-25 SCTM # 1000-79-5-20.7 Dear Mr. Orlowski: This is in reply to your letter of May 3, 1991 directed to Raymond Kerester. Eleanor M. Kerester purchased the property in question from John L. Plock and wife, by deed dated October 9, 1970, recorded in Liber 6823 page 40. Thereafter, John L. Plock and wife conveyed to Raymond J. Kerester and others, an adjoining parcel to which you refer. This deed, dated November 12, 1974 was recorded in Liber 7778 page 147. On this parcel, on October 22, 1980, the Southold Town Planning Board approved a set-off as follows: "RESOLVED that the Southold Town Planning Board has reviewed the proposal of Raymond J. Kerester & Associates to set off a parcel of land containing a house, said parcel containing 53,800 square feet with 150 foot road frontage. It is the determination of the Planning Board that this set- off does not constitute a subdivision pursuant to the Code of Southold Subdivision of Land Regulations Chapter A106- 13.11 This would seem to indicate that the parcels presented no problems and were approved by the Board. Very d 1 y ur , Z WW:hb :d1s PLANNING BOARD MEMBERS C ._: ^ SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman v' "A`'.a g Supervisor George Ritchie Latham, Jr. `-'B� ..' ., ��/ Richard G. Ward $ ' Town Hall, 53095 Main Road P.O. Box 1179 Mark S. McDonald Kenneth L. Edwards Southold, New Yorrkk 11971 PLANNING BOARD OFFICE Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 May 3 , 1991 Raymond Kerester 21 Oriole Avenue Bronxville, New York 10708 RE: SCTM# 1000-81-1-25 SCTM# 1000-79-5-20.7 Dear Mr. Kerester: It has come to the Planning Board' s attention that the above mentioned parcels were created without Planning Board approval. The Planning Board will not review the subdivision proposal for SCTM# 1000-81-1-25 unless the area of SCTM# 1000-79-5-20.7 is included in the proposal also. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. �+s Chairman cc: Karen J. Hagen LAW OFFICES AS WICKHAM, WICKHAM & BRESSLER, P.C. MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MORTGAGE OFFICE ERIC J. BRESSLER 516-298-5300 ABIGAIL A.WICKHAM TELEFAX NO. 516-298-2012 516-298-8353 DANIEL C.ROSS TELEFAX NO. 516-298-8565 KAREN J.HAGEN HUBERT F.SULLIVAN JOSEPH C.SAVINO February 5, 1991 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Att: Melissa Re: Kerester Subdivision SCTM 111000-81-1-25 Dear Melissa: Enclosed are prints of two yield maps and a cluster map, pursuant to our recent meeting. The yield maps contain the square footage in tables under the map titles. Please review the maps with the Board. Mr. Kerester is hopeful that we can get this application back on track. I hope your ski vacation was wonderful. Very truly yours, Karen J. Hagen KJH:hb Encs. • �OgpFFOI�c l9e hyo ooy � o � TRUSTEES C* Z SCOTT L. HARRIS John M. Bredemeyer, III, President Oy �� Supervisor Henry P. Smith, Vice President Town�.a� Town Hall, 53095 Main Road Albert J. Krupski, Jr. P.O. Box 1179 John L. Bednoski, Jr. John B. Tuthill Southold, New York 11971 BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 TO: Planning Board FROM: Board of Trustees RE: Raymond Kerester SCTM #1000-81-1-25 DATE: December 27, 1990 The following action was taken by the Southold Town Board of Trustees on Thursday, December 20 , 1990: RESOLVED that the Southold Town Board of Trustees accepts the report of Bruce Anderson, dated December 11, 1990 with the addition that there shall be a building envelope more then 75 ' from the Salt Water Marshes and all runoff must be contained in drywells. If you have any questions, please do not hesitate to contact this office. cc: CAC Bruce Anderson UL RWO^ 3 1 Bruce Anderson Environmental Consultant December 11 , 1990 Mr . John Bredemeyer , President — ------ Southold Board of Trustees Town Hall P . 0 . Box 1179 Southold , NY 11971 -- Re: Raymond Kerester - Subdivision TU:.• V SCTM# 1000-81-1-25 OF SOUi Lfl,� Dear Mr . Bredemeyer, Subject parcel was inspected to determine the accuracy of the wetlands lines recently placed on the subdivision survey . Please be advised that all wetlands appear to be depicted accurately on the survey prepared by Roderick Van Tuyl as amended October, 29 , 1990. Sincerely , /w/J Bruce Anderson 475 Rambler Road, Southold, NY 11971 (516) 765-4071 rr r; ,- OCT 3 0 SUBMISSIONS WITHOUT COVER LETTERS SUBJECT: e- 'Z SCTM #1000- � ) SENDER: PHONE NUMBER: �/ C u / (� _ n O D TRUSTEES rC3i� 1 + SCOTTL. HARRIS John M. Bredemeyer, 111, President a� q� Supervisor Henry P. Smith, Vice President — .v�� Albert J. Krupski, Jr. t Town Hall, 53095 Main Road P.O. Box 1179 John L. Bednoski, Jr. John B. Tuthill Southold, New York 11971 BOARD OF TOWN TRUSTEES Fax (516) 765-1823 Telephone (516) 765-1892 TOWN OF SOUTHOLD Telephone (516) 765-1800 October 4, 1990 THE FOLLOWING ACTION WAS TAKEN BY THE BOARD OF TOWN TRUSTEES AT ITS REGULAR MEETING HELD ON SEPTEMBER 27, 1990 REGARDING REPORTS SUBMITTED BY TRUSTEE CONSULTANT, BRUCE ANDERSON: RESOLVED, the Trustees TABLE the Bruce Anderson report of 8/19/90 in the matter of Subdivision of Raymond Kerester, SCTM #1000-81-1-25 until the Trustees inspect or review further. RESOLVED, that the Trustees APPROVE the report of 8/25/90 regarding Paul Mathews Subdivision, SCTM #1000-100-2-1, citing that subject property contains no wetlands, therefore, non-jurisdictional. THESE RESOLUTIONS WERE UNANIMOUSLY APPROVED. cc: Bruce Anderson Planning Board CAC ' MS 171 L' �c C== ! _ Town Hall, 53095 Main Road F P.O. Box 1179 Telephone O Southold, New York 11971 (516) 765-1801 SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL To: Southold Town Planning Board From: Southold Town Conservation Advisory Council Dated: July 5, 1990 Re: Raymond Kerester SCTM# 1000-81-1-25 The Conservation Advisory Council makes the following recommendation: The site appears to have no wetlands involved. RThe wetlands sited on the map appear to correct. X Map dated 10/30/89 Wetland appear to be involved. The map/survey has been transmitted to the Southold Town Trustees for their comments and any staking they deem necessary. The survey is not correct. Wetlands need to be staked by the Southold Town Trustees. The map/survey has been transmitted to the Trustees for their comments and any staking they deem necessary Additional Comments: JUL - ra cc: Southold Town Board of Trustees PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman y�` L Off- Supervisor George Ritchie Latham, Jr. �0� Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: John Holzapfel, Chairman Conservation Advisory Committee .FROM: Bennett Orlowski, Jr. Chairman DATE: April 30, 1990 RE: Subdivision Proposal for Raymond Kerester SCTM# 1000-81-1-25 Attached please find two maps for the above mentioned subdivision proposal. One map is the Yield map dated October 5, 1989, and the other is the Cluster plan dated October 5, 1989. Please review and advise if the wetland areas are correctly delineated on the map and, in addition, if any additional wetlands are located on the property. For more information, please contact Melissa Spiro of this office. Thank you in advance for your assistance. cc: John M. Bredemeyer, III, President Board of Trustees O r 11 `mak PLANNING BOARD MEMBERS SCOTT L. HARRIS Bennett Orlowski, Jr., Chairman �j, O't- Supervisor George Ritchie Latham, Jr. Richard G. Ward Town Hall, 53095 Main Road Mark S. McDonald P.O. Box 1179 Kenneth L. Edwards PLANNING BOARD OFFICE Southold, New York 11971 Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823 MEMORANDUM TO: John Holzapfel, Chairman Conservation Advisory Committee FROM: Bennett Orlowski, Jr. Chairman /eo DATE: April 30, 1990 RE: Subdivision Proposal for Raymond Kerester SCTM# 1000-81-1-25 Attached please find two maps for the above mentioned subdivision proposal. one- map is the Yield map dated October 5, 1989, and the other is the Cluster plan dated October 5, 1989. Please review and advise if the wetland areas are correctly delineated on the map and, in addition, if any additional wetlands are located on the property. For more information, please contact Melissa Spiro of this office. Thank you in advance for your assistance. CC: John M. Bredemeyer, III, President Board of Trustees ATTORNEYS AT LAW MAIN ROAD SOUTHOLD,NEWYORK 11971 LEFFERTS P. EDSON (516)765-1222 RUDOLPH H. SRUER June 19 , 1987 15161965-2500 Town of Southold Board of Town Trustees Town Hall Main Road Southold, New York 11971 Re: Kerester Southold, New York Dear Sirs : We understand that the Southold Town Planning Board referred this matter to you for comment on May 26 , 1987 . This application is solely for the subdivision of property and it is our understanding that the Board of Town Trustees jurisdiction is limited to construction. If the Board feels that they wish to comment on this project, we respectfully request that they do so promptly. Very truly yours , Patricia C . Moore, Esq. PCM/df cc: Southold Town Planning Board Mr . and Mrs . Raymond Kerester MEMORANDUM TO: ..FILE FROM: Valerie Scopaz, Town Planner RE: DATE: o?$ /for ZC V- M. 3�I BbATtD r0 O "SOU LD A15 � �� : SlitO� K� C LAN. Y Southold, N.Y. 11971 (516) 765-1938 November 18 , 1987 Rudolph H. Bruer Attorney at Law Main Road Southold, NY 11971 Re: Raymond and Eleanor Kerester SCTM# 1000-81-1-25 Dear Mr. Bruer: With regard to your correspondence of November 6 , the Planning Board has reviewed this matter. The Board still requests that the subdivision be revised as a cluster. We have also enclosed a copy of the tax map which has been marked to indicate where the Town Road ends and where the private road (Robinson Road) begins . Very truly yours , BENNETT ORLOWSKI , JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD enc. ATTORNEYS P.O. LAW /`� MAIN ROAD-P.O.BOX 1466 ��_' `��+--"///^�� F SOUTHOLD,NEWYORK 11991 LEFFERTS P.EDSON ��1� ,Q--O— RUDOLPH H.BRUER / PATRICIA C.MOORE November 6 , 1987 / Southold Town Planning Board Town Hall Main Road Southold, N.Y . 11971 Re: Minor Subdivision for Kerester Southold, N.Y . Dear Sirs : On August 20, 1987 , I met with Ms . Valerie Scopaz , Town Planner . At that time, it was her suggestion that the submitted subdivision plan be revised . She proposed a three lot cluster development with access provided by way of a common drive . I enclose herewith a sketch depicting the suggested map revision for your reference. Although my clients and I have taken this revision under advisement, my investigations have revealed that both Paradise Point Road and Robinson Road are private roads and my clients have no right of access over them. We, therefore, request that the Board act on our original plan without further delay. We enclose herewith the following, to complete your file : 1 . Copy of subdivision map endorsed with the 12/16/86 approval of the Suffolk County Department of Health Services . 2 . Copy of Tidal Wetlands Permit No. 10-86-1817 issued by the New York State D.E .C . 1/28/87 . 3 . Copy of Southold Town Zoning Board of Appeals 4/23/87 resolution, granting conditional approval under Appeal No. 3611 . 4 . Copy of Board of Town Trustees 9/24/87 resolution of non-jurisdiction. Your prompt consideration will be appreciated. RECEIVED BY Sincerely, $GUINGLU lbii;i BOARD NOV 8 1987 _ �A ISI ,EI Graft * o ph H. Be r � Co RHB/df Encs. cc: Mr , and Mrs . Raymond Kerester -t0-6(96-25c NEW YG ,,TATE DEPARTMENT OF ENVIRONMENTAL CONSERVA DEC PERMIT NUMBER EFFECTIVE DATE 10-86-1817 0 1/26/87 FACILITY/PROGRAM NUMBER(s) PERMIT EXPIRATION DATE(s) Under the Environmental Conservation Law N/A 1/31/92 Article329: Aquat c Pe t c des 27 Rli8: Article 25: N Water Certification Tidal Wetlands 328, ProArttcle 15,ection ofltle 5: Article Wat r SPDES 17, Titles 7, 8: ArtSollcle 27,id Waste Title Management" 360: WS5pplyle 15: Air tion 3 on Control' Hazardous Waste M nagement WateArticler Article 15, Title 15: Article 23, Title 27: Article 34: Water Transport Mined Land Reclamation Coastal Erosion Management Articl 15, cle 24: Article 36: LongeIsland Title15: Freshwater lWetlands Floodplain Management Article 15, Title 27: N—New, R—Renewal, M—Modification, Articles 1, 3, 17, 19, 27, 37; Wild, Scenic and Recreational C—Construct (`only), 0—Operate ('only) 6NYCRR 380: Radiation Control Rivers PERMIT ISSUED TO RAymond & Eleanor kerester ADDRESS OFPERMITTEE 21 Oriole Ave. , Bronxville, NY 10708 AGENT FOR PERMITTEEICONTACT PERSON TELEPHONE NUMBER Rudolph Bruer, P.O. Box 1466, Southold, NY 11971 NAME AND ADDRESS OF PROIECTIFACILITY(If different from Permittee) Southold Bay, North Bayview Rd. at Paradise Pt. Rd. LOCATION OF PROIECTIFACILITY COUNTY TOWN/ W l� UTM COORDINATES Bayview Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY Subdivide 13.85* acre parcel into 3 lots each to be 4.6 acre building lots in accordance with attached plans approved by NYSDEC provided covenants are included in deeds as stated in Special Condition number 1. GENERAL CONDITIONS By acceptance of this permit,the permittee agrees that the permit is contingent upon strict compli- ance with the ECL,all applicable regulations and the conditions specified herein or attached hereto. 1. The permittee shall file in the office of the appropriate regional permit administrator,or other office designated in the special conditions,a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also notify him/her promptly in writing of the completion of the work. 2. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if the public interest so requires pursuant to ECL§71-0301 and SAPA§401(3). - 3. The permittee has accepted expressly,by the execution of the application,the full legal responsibility for all damages,director indirect,of whatever nature,and by whomever suffered,arising out of the project described herein and has agreed to indemnify and save harmless the State from suits,actions,damages and costs of every name and descrip- tion escription resulting from the said project. 4. The Department reserves the right to modify, suspend or revoke this permit at any time after due notice, and, if requested, hold a hearing when: a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found;or b) the permit was obtained by misrepresentation or failure to disclose relevent facts;or c) newly discovered information or significant physical changes are discovered since the permit was issued. 5. The permittee is responsible for keeping the permit active by submitting a renewal application,including any forms,fees or supplemental information which may be required by the Department,no later than 30 days(100 days for SPDES or Solid or Hazarduous Waste Management permits)prior to the expiration date. 6. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to the permit. 7. The permittee is responsible for obtaining any other permits, approvals, lands,easements and rights-of-way which may be required for this project. 8. Issuance of this permit by the Department does not,unless expressly provided for,modify,supersede or rescind an order on consent or determination by the Commissioner issued heretofore by the Department or any of the terms, conditions,or requirements contained in such order or determination. 9. Any modification of this permit gra d by t e D artrgent m t be in writing and attached hereto. PERMIT ISSUANCE DATE PER MI I ADDRESS Bldg. 1/28/87 Alfred T. Kellar Stony Brook, NY 11794 AUTHORIZED SIGNATURE Page 1 of 3 cc: C.T, Hamilton A.T. Kellar 95.2p6a11/86)-2S[ _,.XenkTIQNAI GENERAL-CONDITIONS-f.OR ARTS_. cc._15-CM&S"- 4_25,214.36 and i"YCRR=Far46o. --' 10'.-That-If futureoperations'by the State'of Tlciw-YoiE rekirCa 41- _.__.-other envitonmentaily-_deteteousrrmterint's sociated-wittr-the --_:- —_ tcrattorrlrt3he1yosition Dfihestwctureor-wo+li'-hereira=au - - __--___ n if, in the opinion of the Department of.Environmental Conservation 14. Any material dredged in the prosecution of the work herein permitted it shall cause unreasonable obstruction to the free navigation of-said--s hall be"removed evenly,without Iaaving largeiefuse piles,_ridgesacross------- -="- ---waters or-flood flows or.endaingerzhe health;-safetyr4-welfare ,f_rI the.bedofa-waterway-DLBDodplaia:ai_deep.hates:ShaLm y.l ve .---- the people of the State, or cause loss or destruction of the natural - tendency to cause damage to navigable channels or to the banks of resources of the State,the owner may be ordered by the Department to".---awaterway. ----- ------- ---- - - - - - - remove or alter the structural work,obstructions,or hazards caused- 15 -There shall be no unreasonable interference with navigation by the work - - thereby without expense to the-State, and if, upon the expiration or - herein authorized - -- ---- -- -- ---- - - revocation of this permit, the structure, fill, excavation, or other 16.. If upon the expiration or revocation of this permit,the project hereby modification of the watercourse hereby authorized shall not be com- - - _ authorized has not been completed,the applicant shall,without expense _ - - pleted,the owners, shall,without expense to the State, and to such - to the State, and to such extent and in such time and manner as the extent and in such time and manner as the Department of Environmental Department of Environmental Conservation may require,remove all or Conservation may require,remove all or any portion of the uncompleted any portion of the uncompleted structure or fill and restore the site structure or fill and restore to its former condition the navigable to its former condition. No claim shall be made against the State of and flood capacity of the watercourse.No claim shall be made against New York on account of any such removal or alteration. the State of New York on account of any such removal or alteration. 17 If granted under Article 36, this permit does not signify in any way 11 That the State of New York shall in no case be liable for any damage that the project will be free from flooding. or injury tothe structure or work herein authorized which may be caused 18 If granted under 6 NYCRR Part 608, the NYS Department of Environ- by or result from future operations undertaken by the State for the mental Conservation hereby certifies that the subject project will not conservation or improvement of navigation,or for other purposes,and contravene effluent limitations or other limitations or standards under no claim or right to compensation shall accrue from any such damage. Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 - 12. Granting of this permit does not relieve the applicant of the responsi- (PL 95-217)provided that all of the conditionslistedherein are met, bility of obtaining any other permission, consent or approval from 19. All activities authorized by this permit must be in strict conformance the U.S.Army Corps of Engineers,U.S.Coast Guard,-New York State--- '-with the approved plans submitted by the applicant or his agent as part - -- Office of General Services or local government which may be required. of the permit application. 13. All necessary precautions shall be taken to preclude contamination R. VanTuyl of any wetland or waterway by suspended solids, sediments, fuels,, Such approved plans were prepared by 7/ 7/86 solvents,lubricants,epoxy coatings,paints,concrete,leachate or any - _ - ---- ---- - - on - SPECIAL CONDITIONS 1. A restricted convenant shall be incorporated into the deeds of each of these lots to read as follows: a. Theee shall be no disturbance to the natural vegetation or topography within 75' of tidal wetlands. b. All proposed construction and development shall be a minimum of 100' from tidal wittlands. c. Proposed development of these lots will need additional applicatlion to and approved by NYSDEC's Bureau of Marine Habitat Protection. DEC PERMIT NUMBER PROCRAMIFACILITY NUMBER Page of _ HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. TELEPHONE PHILLIP J. GOUBEAUD (516) 765-1892 ALBERT .LJR ELLEN MLARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 30, 1987 Mrs. Patricia C. Moore Edson & Bruer Attorneys At Law Main Road Southold, New York 11971 RE: 1000-81-1-25 Raymond Kerester, Southold Dear Mrs. Moore: The following action was taken by the Board of Town Trustees during their regular meeting held on September 24, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees RESCIND their prior recommendation made to the Planning Board, dated August 27, 1987 regarding the Raymond Kerester subdivision proposal as submitted by Patricia C. Moore, Attorney and the Trustees recommend that all activity on the property be out of their jurisdiction as defined by Chapter 97 (13) of the Town Code. Very truly yours, H� P. Smith, President G�� Board of Town Trustees HPS:ip cc: Planning Board file q, q SJ a,zoo o S OUTH OLD f w SEE SEC.NO. 133 .r 4_wM ,S gJRELiNE i f - �..... ♦ao 1 F. D. 2 6 I 9> » .RO BAST 16.4 15.7 15.6 15.5 2.3A 24A 2.3A •a, 9 - _ 16.3 ` - 8 ,R• _ 25 13.9A 16.6 'b I.OA(c) x zo' o ROBINSON• '• gyp. Y)VG1e.. R x 1.8Afc1 'pz R»' 2.8A(c) - 119' 28 154. 15.2 3.44(c) as 15.4 / 300' 2.9 A(c) i5.3 1 iR. `5�2 ce 2.9 A(c) / 1\a9 s Q� fB ' 2.OA(c) 14 27. 1 1.5A(c) '9a ' 2 .2 A(c) o / a 0P T 27.2 ° / 9RR 5.3A(c) 19.3 r 3.SA(cl O i M P 0 a9a' 19.5 O V 9.2 A � O j 5.OA(cl Z ^ 19.4 3.5A(C) W .• cV. oo. .r ser �•. ' 22 aa'' •°• 20 21 m ao. 9.• r A( O W I.TA(C) Oi i 5 N 19.5A(c) D W z 24 W U 44AIc) a i i. r ( Q 25 A(c) I i 26 ° I 'b• 2.2A(C) -a _Z. UNLESS DRAWN a 0 o , ni Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.1., N.Y. 11971 TELEPHONE (516) 7651809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3611 Application Dated January 29 , 1987 TO: Patricia C. Moore , Esq . Edson & Bruer as Attorneys for MR . AND MRS . RAYMOND KERESTER Main Road Southold , NY 11971 At a Meeting of the Zoning Board of Appeals held on April 23 , 1987 , the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ X] Request for Variance to the Zoning Ordinance Article III , Section 100-31 , Bulk Schedule [ ] Request for Application of RAYMOND AND ELEANOR KERESTER for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient lot width of three parcels , each containing 4. 6± acres , in this pending minor subdivision . Location of Property : West Side of Pradise Point Road and north side of North Bayview Road , Southold , NY ; County Tax Map Parcel No . 1000-81 -1 -25 . WHEREAS , a public hearing was held on March 5 , 1987 and April 2 , 1987 , at which time the hearing was concluded , in the Matter of the Application of RAYMOND AND ELEANOR KERESTER , Application No . 3611 ; and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , the board made the following findings of fact : 1 . The premises in question is a described parcel of land con- taining a total area of 13. 85 acres which extends from the north side of North Bayview Road and the west side of Paradise Point Road , Southold , Town of Southold , and is more particularly desig- nated on the Suffolk County Tax Maps as District 1000 , Section 81 , Block 1 , Lot 25 . The entire premises is vacant at this time . 2. By this application , appellants request a Variance from the Provisions of Article III , Section 100-31 , Bulk Schedule of the Zoning Code , for approval of: (a ) the insufficient lot width of proposed Lot No . 1 of 150 feet ; (b ) the insufficient lot width of proposed Lot No . 2 of 150 feet , and (c ) the insufficient lot width of proposed Lot No . 3 of 150 feet , and frontage along North Bayview Road of 169. 42 feet . Lot No . 3 as proposed is a corner lot as defined by Section 100- 13-Definitions of the Zoning Code . 4dj(OL! . DATED: April 23 , 1987 . HAIRMAN, SOTOW�IZONING BOARD OF APPEALS Form ZB4 (rev 1 ) Page 2 - Appeal No . 3611 . natter if RAYMOND AND IR OR KERESTER Decisdon Ren erred April 23 , 1987 V' 3 . Each of the parcels as proposed will contain a minimum lot area of 4. 5 acres ( inclusive of right-of-way and low contour areas ) , and new construction will be regulated by Column A-80 of the Zoning Code . 4. Records show that the subject 13 . 85-acre parcel is owned by Eleanor M. Kerester and Jamal Manassah (Deeds at Liber 9310 cp 548 dated November 22 , 1982 , and at Liber 6823 cp 40 , dated October 9 , 1970 ) . 5 . The amount of relief requested as to the lot width of each proposed parcel is 25 feet, or. 14% of the requirements . 6 . It is noted for the record that : (a ) Permit #10-86- 1817 was issued January 2 , 1987 by the N . Y . S . Department of Environ- mental Conservation concerning this subdivision ; however , any proposed development will need an additional application to and approved by the NN . Y . S . D. E . C. Bureau of Marine Habitat Protection ; (b) an application for subdivision approval is pending with the Southold Town Planning Board , whose preliminary comments were received February 11 , 1987 ; (c ) approval was received December 16 , 1986 from the Suffolk County Department of Health Services concerning this subdivision . 7 . It should be understood that the actual "building envelopes" as shown on the survey plan amended April 2 , 1987 are not part of the approval in this variance application and therefore is not to be automatically considered acceptable building areas . One of the main concerns in these areas is full protection of the wetland and pond areas , and the position of the right-of-way to Lots 1 and 2 should be located in an - area distant from wetland areas . In considering this appeal , the board also finds and determines : (a ) the percentage of relief requested is not substantial in relation to the requirements ; (b ) the circum- stances of the property are unique ; (c ) there will not be a substantial change in the character of the neighborhood ; (d ) the relief requested is not unreasonable and there is no other method feasible for appellants to pursue other than a variance ; . (e ) the safety , health , welfare , comfort , convenience and order of the Town will not be adversely affected by the grant of this variance ; (f) in view of the manner in which the difficulties arose and in considering all the above factors , the interests of justice will be served by allowing the variance , as conditionally noted below . ' Accordingly , on motion by Mr . Goehringer , seconded by Mr. Grigonis , it was RESOLVED , to GRANT a Variance from the Provisions of Article III , Section 100-31 , Bulk Schedule , of the Zoning Code for the insufficient lot width of proposed Parcels 1 , 2 and 3 at 150 feet , as shown by plan amended April 2 , 1987 by Roderick VanTuyl , P. C . in the Matter of RAYMOND KERESTER , Application No . 3611 , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . No disturbance of any freshwater or saltwater wetlands or wetland grasses defined by Chapter 97 ( 13) of the Town Code , for road construction , development , or any other activities ; 2 . No lot-line changes or adjustments without formal applications to the Board of Appeals and the Planning Board. 3 . This variance is temporary for a maximum period of two years , EXCEPT where the pending division of land has been finalized by all involved agencies and the parcels have been transferred by deed or other legal document to reflect the subdivision lot lines accordingly. - 4. ' Planning Board Subdivision and 280-a Approvals . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen was absent . ) This resolution was duly adopted . lk � RECEIVED BY OUTHOLO TOWN PLANNING BOARD HENRY P. SMITH, President L�, � -� DATE JOHN M. BREDEMEYER, Vice-Pres. o - TELEPHONE PHILLIP J. GOUBEAUD ry (516) 765-1892 ALBERT KRUPSKI, JR. ELLEN M. LARSEN �� BOARD OF TOWN TR17STEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 30, 1987 Mrs. Patricia C. Moore Edson & Bruer Attorneys At Law Main Road Southold, New York 11971 RE: 1000-81-1-25 Raymond Kerester, Southold Dear Mrs. Moore: The following action was taken by the Board of Town Trustees during their regular meeting held on September 24, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees RESCIND their prior recommendation made to the Planning Board, dated August 27, 1987 regarding the Raymond Kerester subdivision proposal as submitted by Patricia C. Moore, Attorney and the Trustees recommend that all activity on the property be out of their jurisdiction as defined by Chapter 97 (13) of the Town Code. Very truly yours, ,✓� H� P. Smith, President Board of Town Trustees HPS:ip cc: Planning Board file buh HENRY P. SMITH, President a L oArE JOHN M. BREDEMEYER, Vice-Pres. Lr') T TELEPHONE PHILLIP J. GOUBEAUD 0 (516) 765-1892 ALBERT KRUPSKI, JR. ELLEN M. LLARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 9, 1987 Mrs. Patricia C. Moore Edson & Bruer Attorneys At Law Main Road Southold, New York 11971 Re: Raymond Kerester, Southold, New York Dear Mrs. Moore: The following action was taken by the Board of Town Trustees during their regular meeting held on August 27, 1987 regarding the above matter. RESOLVED that the Southold Town Trustees RESCIND their prior recommendation made to the Planning Board, dated June 18, 1987 regarding the Raymond Kerester subdivision proposal as submitted by Patricia C. Moore, Attorney and the Trustees recommend that all activity on the property is to be moved more than 75' out of the Trustees jurisdiction. A copy of this letter is being transmitted to the Planning Board for their file. Should you have any questions or concerns, please do not hesitate to contact this office. Very truly yours; Henry P. Smith, Pres. Board of Town Trustees HPS:ip cc: Planning Boardt/ file 5Uf�UZI HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. TELEPHONE PHILLIP J. GOUBEAUD � <-fALBERT KRUPSKI, (516) 765-1892 yq.. JR ELLEN M. LARSEN O9'O,�•'L ��b�� BOARD OF TORN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 18, 1987 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Raymond and Eleanor Kerester Property located on the West side of Paradise Point Rd. & North side of N. Bayview Southold Dear Mr. Orlowski: In response to your letter of May 26,1987 regarding the above referenced property, please be advised that the Town Trustees have conducted an on site inspection of the property on June 17, 1987. The Trustees have no objections to the proposal as long as the recommendations from the Suffolk County Dept. of Health Services are adhered to. Very truly yours, /Y �'J Henry P. ith, President Board of Town Trustees HPS:ip cc: Patricia C. Moore, Esq. on behalf of Kerester • COUNTY OF SUFFOLK • 9Y s. ;t r� Michael A. LoGrande SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS.M.D..N.P.H. COMMISSIONER August 18 , 1987 Dr . Frank Panek NYSDEC Bldg . #40 SUNY at Stony Brook Stony Brook , New York 11794 RE : Southold Town freshwater wetlands Dear Frank : The Office of Ecology, Suffolk County Department of Health Services , ha-s been reviewing applications for various subdivisions and other actions under SEQRA since January of this year . We understand that DEC is evaluating nominations of freshwater wetlands for mapping in the Town of Southold on parcels we also have inspected for SEQRA reviews . Enclosed are copies of correspondence to the Town regarding three applications : Wolfpi, t Associates ; Raymond Kerester ; and Barry Sdvits . I thounht vnnr ctaff minh+ find the results of our field inspections and review helpful to arrival at mapping decisions for wetlands on these properties . Sincerely, Louise W . Harrison Supervisor , Bureau of Environmental Management Office of Ecology LWH/amf CC : Bennett Orlowski , Town of Southoldv/ Encs . COUNTY CENTER RIVERHEAD.N.Y. 11901 • � - � �Ii�lspcE.7- RECEIVED By SOUTH,iD 1&„ 1'i DQlo ATTORNEYS AT LAW 6•I U 4� ^�� MAIN ROAD a(/J SOUTHOLD,NEWYORK 11971 LEFFERTS P. EDSON (516)765-1222 RUDOLPH H. RRUER (516)765-ZSOO August 10, 1987 Southold Town Planning Board Town Hall Main Road Southold, N.Y . 11971 Re: Kerester Southold, N.Y. Dear Sirs: On January 12 , 1987 , the Board reached a concensus to conduct a field inspection of the subject premises (see enclosed copy of your 1/13/87 letter ) . On May 11 , 1987 , the Board again agreed to conduct a field inspection at the subject premises (see enclosed copy of your 5/26/87 letter ) . Seven months have now elapsed since the Board decided it was relevent to conduct said field inspection. To date, I have been advised that no inspection has been made . My client has been made aware of your correspondence and intentions over the past months and would like to know, and I believe he is entitled to know, when and if the Board is really going to conduct a field inspection. Without dwelling further on the matter , I would appreciate the Board ' s response (please also see my letter to the Board of 7/20/87 ) . Sincerely, �-Rutd(81ph ,H . Bruer RH9/df J cc: Mr . and Mrs . Raymond Kerester S , Y Southold, N.Y. 11971- (516) 765-1938 January 13 , 1987 Mr Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Ravmond Kerester minor subdivision Dear Mr. Bruer: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, January 12 , 1987 . RESOLVED that the. Southold Town Planning Board declare themselves lead agency under the State Environmental Quality Review Act for the minor subdivision for Raymond Kerester for 3 lots on 13 . 9 acres at North Bayview Road and Paradise Point, Southold. It was the consensus of the Board to conduct a field inspection of the premises prior to any further review or action. 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 Southold, N.Y. 11971 (516) 765-1938 May 26 , 1987 Mr. Rudy Bruer, Esq. Attorney at Law Main Road, Southold, NY 11971 RE: Raymond and Eleanor Kerester Dear Mr. Bruer: Please let this confirm the following discussion with regard to the above mentioned subdivision at the Monday, May 11, 1987 meeting. The Planning Board will conduct a field inspection of the property prior to any further review or action. Would you please submit a survey with the wetland grasses which we understand you had prepared for the Board of Appeals. This subdivision will be referred to the Town Trustees for their input with regard to this proposal. If you have an_! 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 cc : Town Tru:;tees Board of Appeals •YTOONCYS AT LAW MAIN ROAD SOUTHOLD,NEWYORK 11971 LEFFERTS P. EDSON 1516)765-1222 RUDOLPH H. BRUER - 15161765'2500 July 20 , 1987 :c Southold Town Planning Board Town Hall Main Road Southold, N.Y . 11971 Re: Kerester Southold, N.Y . Dear Sirs: We understand that the Board is scheduled to meet on July 27 , 1987 . Can we expect, at that time, a report of the findings from your field inspection. We would very much like to so advise our client . Thank you for your anticipated response . Sincerely, Rudolph H . Bruer RHB/df cc: Mr , and Mrs. Raymond Kerester RECEIVED By SCURLD 1Gt'r L;P;;(i G CDARD C". am� 1�ewmlol ATTORNEYS AT LAW QQJQ/{�1 MAINROAD V ` 1981 SOUTHOLD,NEWYORK 11971 LEFFERTS P. EDSON (516)765-1222 RUDOLPH H. BRUER (516)765-2500 August 10 , 1987 Southold Town Planning Board Town Hall Main Road Southold, N.Y . 11971 Re: Kerester Southold, N.Y. Dear Sirs: On January 12 , 1987 , the Board reached a concensus to conduct a field inspection of the subject premises (see enclosed copy of your 1/13/87 letter ) . On May 11 , 1987 , the Board again agreed to conduct a field inspection at the subject premises ( see enclosed copy of your 5/26/87 letter ) . Seven months have now elapsed since the Board decided it was relevent to conduct said field inspection. To date, I have been advised that no inspection has been made . My client has been made aware of your correspondence and intentions over the past months and would like to know, and I believe he is entitled to know, when and if the Board is really going to conduct a field inspection. Without dwelling further on the matter, I would appreciate the Board 's response (please also see my letter to the Board of 7/20/87 ) . S i n c 9/ Irl(.1y olpBruer Ril /df cc: Mr . and Mrs . Raymond Kerester w � � S Y Southold, N.Y. 11971 (516) 765-1938 January 13 , 1987 Mr Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Raymond Kerester minor subdivision Dear Mr. Bruer: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, January 12 , 1987 . RESOLVED that the Southold Town Planning Board declare themselves lead agency under the State Environmental Quality Review Act for the minor subdivision for Raymond Kerester for 3 lots on 13. 9 acres at North Bayview Road and Paradise Point, Southold. It was the consensus of the Board to conduct a field inspection of the premises prior to any further review or action. 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 s ill � Y Southold. N.Y. 11971 (516) 765-1938 May 26 , 1987 Mr. Rudy Bruer, Esq. Attorney at Law Main Road, Southold, NY 11971 RE: Raymond and Eleanor Kerester Dear Mr. Bruer: Please let this confirm the following discussion with regard to the above mentioned subdivision at the Monday, May 11, 1987 meeting. The Planning Board will conduct a field inspection of the property prior to any further review or action. Would you please submit a survey with the wetland grasses which we understand you had prepared for the Board of Appeals. This subdivision will be referred to the Town Trustees for their input with regard to this proposal. If you have an.7 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 cc : Town Tru::tees Board of Appeals ATTORRCV6 AT Uw MAIN ROAD SOUTHOLD,NEWYORK 11991 LEFFERTS P. EDSON (516)765-1222 RUDOLPH H. BRUER - 15161965-2500 July 20 , 1987 C Southold Town Planning Board Town Hall Main Road Southold, N.Y . 11971 Re: Kerester Southold, N.Y. Dear Sirs: We understand that the Board is scheduled to meet on July 27 , 1987 . Can we expect, at that time, a report of the findings from your field inspection. We would very much like to so advise our client. Thank you for your anticipated response . Sincerely, Rudolph H . Bruer RHB/df cc: Mr . and Mrs. Raymond Kerester 5�FF0(K P &,a D T LD S "QI Y Southold, N.Y. 11971 (516) 765-1938 July 20, 1987 John Holzaphel, Chairman Conservation Advisory Council Town Hall Southold, NY 11971 Re: Minor Subdivision of Raymond and Eleanor Kerester SCTM#1000-81-1-25 Dear Mr. Holzaphel: Enclosed is a survey for the named subdivision. This proposal is being referred because of the presence of wetlands on the site. Are there any site specific conditions or development restrictions which the Planning Board should be aware of in its review of this proposed layout as it relates to the wetlands? Enclosed, for your information, is a copy of the Board of Appeals lot width variance with conditions. If you have any questions, please don't hesitate to contact Valerie Scopaz, Town Planner. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Joan Davis enclosures �VUL WU. (�' S ATTORNEYS AT LAW MAIN ROAD SOUTHOLD,NEWYORK 11991 LEFFERTS P. EDSON (516)965-1222 RUDOLPH H. EIRUER (516)765-2500 July 20 , 1987 Southold Town Planning Board Town Hall Main Road Southold, N.Y . 11971 Re: orm� Southold, N.Y. Dear Sirs: We understand that the Board is scheduled to meet on July 27, 1987 . Can we expect, at that time, a report of the findings from your field inspection. We would very much like to so advise our client. Thank you for your anticipated response . Sincerely, RHB/df cc: Mr . and Mrs . Raymond Kerester ; _nnid HENRY P. SMITH, President bA" TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. Ln } (516) 765-1892 PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LLARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 June 18, 1987 Mr. Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Raymond and Eleanor Kerester Property located on the West side of Paradise Point Rd. & North side of N. Bayview Rd. , Southold Dear Mr. Orlowski: In response to your letter of May 26, 1987 regarding the above referenced property, please be advised that the Town Trustees have conducted an on site inspection of the property on June 17, 1987. The Trustees have no objections to the proposal as long as the recommendations from the Suffolk County Dept. of Health Services are adhered to. Very truly yours, ,Henry. 5fnith, President Board of Town Trustees HPS:ip V �� • a 40-7 HENRY P. SMITH, President TELEPHONE JOHN M. BREDEMEYER, Vice-Pres. o -,4 (516) 765.1892 PHILLIP J. GOUBEAUD b'1k ALBERT KRUPSKI, JR. ,� ELLEN M. LARSEN I 4 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York l 1971 June 18, 1987 Mr. Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Raymond and Eleanor Kerester Property located on the West side of Paradise Point Rd. & North side of N. Bayview Rc Southold Dear Mr. Orlowski: In response to your letter of May 26, 1987 regarding the above referenced property, please be advised that the Town Trustees have conducted an on site inspection of the property on June 17, 1987. The Trustees have no objections to the proposal as long as the recommendations from the Suffolk County Dept. of Health Services are adhered to. Very truly yours, Henry P. ith, President Board of Town Trustees HPS:iP A 5vFF0C;�-�, PD T LD S . ; Y Southold, N.Y. 11971 (516) 765-1938 May 26, 1987 Henry Smith, President Town of Southold Trustees Town Hall Southold, NY 11971 Re: Raymond and Eleanor Kerester Dear Mr. Smith: Enclosed is a copy of the above mentioned subdivision proposal. ' The Planning Board would like your input with regard to this proposal, specifically, whether the area within the building envelopes would fall within your jurisdiction. It has also been noted that there are wetland grasses within the area and we question if the area within the building envelopes would be buildable. If you have any question or need any further information, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI,JRHAI N . , C SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary ti ,� YVi ; U 'LD S Southold, N.Y. 11971 (516) 765-1938 May 26 , 1987 Mr. Rudy Bruer, Esq. Attorney at Law Main Road, Southold, NY 11971 RE: Raymond and Eleanor Kerester Dear Mr. Bruer: Please let this confirm the following discussion with regard to the above mentioned subdivision at the Monday, May 11, 1987 meeting. The Planning Board will conduct a field inspection of the property prior to any further review or action. Would you please submit a survey with the wetland grasses which we understand you had prepared for the Board of Appeals. This subdivision will be referred to the Town Trustees for their input with regard to this proposal. 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 cc : Town Trustees Board of Appeals RECE1VED EGSON & BRUER, Esqs. 1u; IL j, 3 MAIN ROAD P.O. BOX 1466 S U SOUTHOLD, NEW YORK 11971 DATE C5163 765-1222/2500 .//. DATE TO �6d.19?//J� 'cJ[xz�C� <SUHJECT TOGU/1 � �OGU`�o/c7�� cX;uTY1C�C,� HaC[ , AJAIAJ ,e114SCUV�177 0� Oe a-, 2"" c/ 1� 71 SIGNEEI �s o ]00-45391 Dal e ixmm er owueo.ru..nuxmu s.vexeuexxo.n•uxmusxwi,iuixoiu emus Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 20 , 1987 Rudolph H . Bruer , Esq . Edson and Bruer Main Road Southold , NY 11971 Re : Appeal No . 3611 - Raymond Kerester (Variances ) Dear Rudy : This letter is in response to your recent correspondence concerning the above matter and this Board ' s conditional approval rendered April 23 , 1987 . Condition No . 1 of the Board ' s April 23 , 1987 decision is meant to protect all saltwater and freshwater wetlands in all respects . If you have applications pending or proposed , it is imperative that all freshwater and saltwater areas be depicted on the survey or plan to determine whether the areas of construction , roadway , excavation , etc. will be affecting these wetland areas . Additional reviews will be necessary if the wetland areas are disturbed in any manner (as well as any other environmental agency or department having jurisdiction ) by subsequent applications . The application reviewed under Appeal No . 3611 did not directly request disturbance to wetland areas or insufficient setbacks and was an application dealing with lot width . The application also did not include wetland areas which may be • affected by proposed construction , etc . and therefore is limited . 5 Page 2 - May 20 , 1987 Matter of Reymond Kerester - Appeal No . 3611 To : Rudolph H. Bruer , Esq . A copy of this letter is being transmitted to the Planning Board as requested . Yours ver y truI 7� GERARD P . GOEHRINGEf�r CHAIRMAN // lk cc : Planning Board Building Department Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 7651809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 20 , 1987 Rudolph H. Bruer , Esq . Edson and Bruer Main Road Southold , NY 11971 Re : Appeal No . 3611 - Raymond Kerester (Variances ) Dear Rudy : This letter is in response to your recent correspondence concerning the above matter and this Board ' s conditional approval rendered April 23 , 1987 . Condition No . 1 of the Board ' s April 23 , 1987 decision is meant to protect all saltwater and freshwater wetlands in all respects . If you have applications pending or proposed , it is imperative that all freshwater and saltwater areas be depicted on the survey or plan to determine whether the areas of construction , roadway , excavation , etc . will be affecting these wetland areas . Additional reviews will be necessary if the wetland areas are disturbed in any manner (as well as any other environmental agency or department having jurisdiction ) by subsequent applications . The application reviewed under Appeal No . 3611 did not directly request disturbance to wetland areas or insufficient setbacks and was an application dealing with lot width . The application also did not include wetland areas which may be affected by proposed construction , etc . and therefore is limited . Page 2 - May 20 , 1987 Matter of Reymond Kerester - Appeal No . 3611 To : Rudolph H. Bruer , Esq . A copy of this letter is being transmitted to the Planning Board as requested . Yours very trul i ///,/ GERARD P . GOEHRINGE(�' CHAIRMAN // lk cc : Planning Board Building Department ATTORNEYS AT LAW iw' n MAIN ROAD )) SOUTHOLD.NEW YORK 11971 LEFFERTS P. EDSON P I , l I (516)965-1222 RUDOLPH H. BROER (516)765.2500 May 5 , 1987 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Subdivision for Raymond Kerester Southold, N.Y . Dear Sirs: Thank you for your action of 4/23/87 (a copy of which is enclosed ) . With regard to Condition N1 of your approval , I feel a definition of "no disturbance" is required . Unless I hear from you to the contrary, I will assume that this means that my client cannot erect a structure . I will also assume that this does not prohibit the owner , or any future owner , from transversing his property . Sincerely, Rudolph i3. Bruer RkIB/df Enc. cc: Mr . and Mrs . Raymond J. Kerester Page 2 - Appeal No . 361 Matter if RAYMOND AND NOR KERESTER . Decision Rendered April 23 , 1987 3 . Each of the parcels as proposed will contain a minimum lot area of 4. 5 acres ( inclusive of right-of-way and low contour areas ) , and new construction will be regulated by Column A-80 of the Zoning Code . 4. Records show that the subject 13 .85-acre parcel is owned by Eleanor M. Kerester and Jamal Manassah (Deeds at Liber 9310 cp 548 dated November 22 , 1982 , and at Liber 6823 cp 40 , dated October 9 , 1970 ) . 5 . The amount of relief requested as to the lot width of each proposed parcel is 25 feet , or 14% of the requirements . 6 . It is noted for the record that : (a ) Permit #10-86- 1817 was issued January 2 , 1987 by the N . Y . S . Department of Environ- mental Conservation concerning this subdivision ; however , any proposed development will need an additional application to and approved by the NN . Y . S . D . E . C . Bureau of Marine Habitat Protection ; (b ) an application for subdivision approval is pending with the Southold Town Planning Board , whose preliminary comments were received February 11 , 1987 ; (c ) approval was received December 16 , 1986 from the Suffolk County Department of Health Services concerning this subdivision . 7 . It should be understood that the actual "building envelopes" as shown on the survey plan amended April 2 , 1987 are not part of the approval in this variance application and therefore is not to be automatically considered acceptable building areas . One of the main concerns in these areas is full protection of the wetland and pond areas , and the position of the right-of-way to Lots 1 and 2 should be located in an . Area distant from wetland areas . In considering this appeal , the board also finds and determines : (a ) the percentage of relief requested is not substantial in relation to the requirements ; (b) the circum- stances of the property are unique ; (c ) there will not be a substantial change in the character of the neighborhood ; (d ) the relief requested is not unreasonable and there is no other method feasible for appellants to pursue other than a variance ; (e ) the safety , health , welfare , comfort , convenience and order of the Town will not be adversely affected by the grant of this variance ; (f) in view of the manner in which the difficulties arose and in considering all the above factors , the interests of justice will be served by allowing the variance , as conditionally noted below . Accordingly , on motion by Mr . Goehringer , seconded by Mr . Grigonis , it was RESOLVED , to GRANT a Variance from the Provisions of Article III , Section 100-31 , Bulk Schedule , of the Zoning Code for the insufficient lot width of proposed Parcels 1 , 2 and 3 at 150 feet , as shown by plan amended April 2 , 1987 by Roderick VanTuyl , P . C . in the Matter of RAYMOND KERESTER , Application No . 3611 , SUBJECT TO THE FOLLOWING CONDITIONS : / 1,/ No disturbance of any freshwater or saltwater wetlands or tland grasses defined by Chapter 97 ( 13) of the Town ' Code , for road construction , development , or any other activities ; 2 . No lot- line changes or adjustments without formal applications to the Board of Appeals and the Planning Board . 3 . This variance is temporary for a maximum period of two years , EXCEPT where the pending division of land has been finalized by all involved agencies and the parcels have been transferred by deed or other legal document to reflect the subdivision lot lines accordingly . =4 . 'Planning Board Subdivision and 280- a Approvals . c Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen was absent . ) This resolution was duly adopted . lk J ��,r �oS�FFai�rpo y Southold Town Board of A PPeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 20 , 1987 Rudolph H. Bruer , Esq . Edson and Bruer Main Road Southold , NY 11971 Re : Appeal No . 3611 - Raymond Kerester (Variances ) Dear Rudy : This letter is in response to your recent correspondence concerning the above matter and this Board ' s conditional approval rendered April 23 , 1987 . Condition No . 1 of the Board ' s April 23 , 1987 decision is meant to protect all saltwater and freshwater wetlands in all respects . If you have applications pending or proposed , it is imperative that all freshwater and saltwater areas be depicted on the survey or plan to determine whether the areas of construction , roadway , excavation , etc . will be affecting these wetland areas . Additional reviews will be necessary if the wetland areas are disturbed in any manner (as well as any other environmental agency or department having jurisdiction ) by subsequent applications . The application reviewed under Appeal No . 3611 did not directly request disturbance to wetland areas or insufficient setbacks and was an application dealing with lot width . The application also did not include wetland areas which may be affected by proposed construction , etc . and therefore is limited . Page 2 - May 20 , 1987 Matter of Reymond Kerester - Appeal No . 3611 To : Rudolph H . Bruer , Esq . A copy of this letter is being transmitted to the Planning Board as requested . Yours very trul GERARD P . GOEHRINGE CHAIRMAN I cc : Planning Board Building Department T ATTORNEYS AT LAW MAIN ROAD SOUTHOLD.NEWYORK 11971 / 15161765-1222 1 / I EDGERTS P. ED90N A I t- RUDOLPH H. BRUER j (516)765-2500 May 5 , 1987 Southold Town Zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Subdivision for Raymond Kerester Southold, N.Y . Dear Sirs: Thank you for your action of 4/23/87 (a copy of which is enclosed ) . With regard to Condition #1 of your approval , I feel a definition of "no disturbance" is required. Unless I hear from you to the contrary, I will assume that this means that my client cannot erect a structure. I will also assume that this does not prohibit the owner , or any future owner , from transversing his property . Sincerely, Rudolph Bruer RHB/df Enc . cc: Mr . and Mrs . Raymond J . Kerester � \, Zbl 6 pie�( •4 Paye 2 - Appeal No . 3611 Matter if RAYMOND AND EL OR KERESTER d Decision Remred April 2 , 1987 3 . Each of the parcels as proposed will contain a minimum lot area of 4. 5 acres ( inclusive of right-of-way and low contour areas ) , and new construction will be regulated by Column A-80 of the Zoning Code . 4 . Records show that the subject 13 . 85-acre parcel is owned by Eleanor M. Kerester and Jamal Manassah (Deeds at Liber 9310 cp 548 dated November 22 , 1982 , and at Liber 6823 cp 40 , dated October 9 , 1970 ) . 5 . The amount of relief requested as to the lot width of each proposed parcel is 25 feet , or 14% of the requirements . 6 . It is noted for the record that : (a ) Permit #10-86- 1817 was issued January 2 , 1987 by the N . Y . S . Department of Environ- mental Conservation concerning this subdivision ; however , any proposed development will need an additional application to and approved by the NN . Y . S . D. E . C . Bureau of Marine Habitat Protection ; (b ) an application for subdivision approval is pending with the Southold Town Planning Board , whose preliminary comments were received February 11 , 1987 ; (c ) approval was received December 16 , 1986 from the Suffolk County Department of Health Services concerning this subdivision. 7 . It should be understood that the actual "building envelopes " as shown on the survey plan amended April 2 , 1987 are not part of the approval in this variance application and therefore is not to be automatically considered acceptable building areas . One of the main concerns in these areas is full protection of the wetland and pond areas , and the position of the right-of-way to Lots 1 and 2 should be located in an . area distant from wetland areas . In considering this appeal , the board also finds and determines : (a ) the percentage of relief requested is not substantial in relation to the requirements ; (b ) the circum- stances of the property are unique ; (c ) there will not be a substantial change in the character of the neighborhood ; (d ) the relief requested is not unreasonable and there is no other method feasible for appellants to pursue other than a variance ; (e ) the safety , health , welfare , comfort , convenience and order of the Town will not be adversely affected by the grant of this variance ; (f) in view of the manner in which the difficulties arose and in considering all the above factors , the interests of justice will be served by allowing the variance , as conditionally noted below . Accordingly , on motion by Mr . Goehringer , seconded by Mr. Grigonis , it was RESOLVED , to GRANT a Variance from the Provisions of Article III , Section 100-31 , Bulk Schedule , of the Zoning Code for the insufficient lot width of proposed Parcels 1 , 2 and 3 at 150 feet , as shown by plan amended April 2 , 1987 by Roderick VanTuyl , P. C . in the Matter of RAYMOND KERESTER , Application No . 3611 , SUBJECT TO THE FOLLOWING CONDITIONS : 1----- No disturbance of any freshwater or saltwater wetlands or wetland grasses defined by Chapter 97 ( 13) of the Town 'Code , for road construction , development , or any other activities ; 2 . No lot- line changes or adjustments without formal applications to the Board of Appeals and the Planning Board . 3 . This variance is temporary for a maximum period of two years , EXCEPT where the pending division of land has been finalized by all involved agencies and the parcels have been transferred by deed or other legal document to reflect the subdivision lot lines accordingly . -•4. Planning Board Subdivision and 280-a Approvals . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen was absent . ) This resolution was duly adopted . lk Ln Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI April 29 , 1 98 7 Patricia C. Moore , Esq . Edson & Bruer Main Road Southold , NY 11971 Re : Appeal No . 3611 - Raymond Kerester ( Variances ) Dear Pat : Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals , the original of which has this date been filed with the Office of the Town Clerk . If this project involves an application with the Planning Board , please be sure to return to their office for further processing . A copy of this determination is simultaneously being furnished to their office . In any event , please be sure to return to the Building Department for issuance of any permits or other approvals in writing as may be applicable . Please do not hesitate to call either our office ( 765-1809 ) or that of the Building Inspector (765- 1802 ) if you have any questions . Yours very truly , GERARD P . GOEHRINGER Enclosure CHAIRMAN Copy of Decision to : Building Department By Linda Kowalski Planning Board Suffolk County Planning Commission cuFFOLA o l Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3611 Application 'Dated January 29 , 1987 TO: Patricia C. Moore , Esq . Edson & Bruer as Attorneys for MR. AND MRS . RAYMOND KERESTER Main Road Southold , NY 11971 At a Meeting of the Zoning Board of Appeals held on April 23 , 1987 , the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ X] Request for Variance to the Zoning Ordinance Article III , Section 100-31 , Bulk Schedule [ ] Request for Application of RAYMOND AND ELEANOR KERESTER for a Variance to the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule , for approval of insufficient lot width of three parcels , each containing 4. 6± acres , in this pending minor subdivision . Location of Property : West Side of Pradise Point Road and north side of North Bayview Road , Southold , NY ; County Tax Map Parcel No . 1000-81 -1 -25 . WHEREAS , a public hearing was held on March 5 , 1987 and April 2 , 1987 , at which time the hearing was concluded , in the Matter of the Application of RAYMOND AND ELEANOR KERESTER , Application No . 3611 ; and WHEREAS , at said hearing all those who desired to be heard were heard and their testimony recorded ; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application ; and WHEREAS , the board members have personally viewed and are familiar with the premises in question , its present zoning , and the surrounding areas ; and WHEREAS , the board made the following findings of fact : 1 . The premises in question is a described parcel of land con- taining a total area of 13 . 85 acres which extends from the north side of North Bayview Road and the west side of Paradise Point Road , Southold , Town of Southold , and is more particularly desig- nated on the Suffolk County Tax Maps as District 1000 , Section 81 , Block 1 , Lot 25 . The entire premises is vacant at this time. 2 . By this application , appellants request a Variance from the Provisions of Article III , Section 100-31 , Bulk Schedule of the Zoning Code , for approval of: (a ) the insufficient lot width of proposed Lot No . 1 of 150 feet ; (b) the insufficient lot width of proposed Lot No . 2 of 150 feet , and (c ) the insufficient lot width of proposed Lot No . 3 of 150 feet , and frontage along North Bayview Road of 169 . 42 feet . Lot No . 3 as proposed is a corner lot as defined by Section 100-13-Definitions of the Zoning Code . DATED: April 23 , 1987 . HAI�UT OLD TOFIZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No . 3611 Matter if RAYMOND AND ELEANOR KERESTER Decision Rendered April 23 , 1987 3 . Each of the parcels as proposed will contain a minimum lot area of 4 . 5 acres ( inclusive of right-of-way and low contour areas ) , and new construction will be regulated by Column A-80 of the Zoning Code . 4. Records show that the subject 13 . 85-acre parcel is owned by Eleanor M. Kerester and Jamal Manassah (Deeds at Liber 9310 cp 548 dated November 22 , 1982 , and at Liber 6823 cp 40 , dated October 9 , 1970 ) . 5 . The amount of relief requested as to the lot width of each proposed parcel is 25 feet, or 14% of the requirements . 6 . It is noted for the record that : (a ) Permit #10-86- 1817 was issued January 2 , 1987 by the N . Y . S . Department of Environ- mental Conservation concerning this subdivision ; however , any proposed development will need an additional application to and approved by the NN . Y . S . D. E . C . Bureau of Marine Habitat Protection ; (b ) an application for subdivision approval is pending with the Southold Town Planning Board , whose preliminary comments were received February 11 , 1987 ; (c ) approval was received December '16 , 1986 from the Suffolk County Department of Health Services concerning this subdivision . * 7 . It should be understood that the actual "building envelopes " as shown on the survey plan amended April 2 , 1987 are not part of the approval in this variance application and therefore is not to be automatically considered acceptable building areas . One of the main concerns in these areas is full protection of the wetland and pond areas , and the position of the right-of-way to Lots 1 and 2 should be located in an area distant. from wetland areas . In considering this appeal , the board also finds and determines : (a ) the percentage of relief requested is not substantial in relation to the requirements ; (b) the circum- stances of the property are unique ; (c ) there will not be a substantial change in the character of the neighborhood ; (d ) the relief requested is not unreasonable and there is no other method feasible for appellants to pursue other than a variance ; (e ) the safety , health , welfare , comfort , convenience and order of the Town will not be adversely affected by the grant of this variance ; (f) in view of the manner in which the difficulties arose and in considering all the above factors , the interests of justice will be served by allowing the variance , as conditionally noted below. Accordingly , on motion by Mr . Goehringer, seconded by Mr. Grigonis , it was RESOLVED , to GRANT a Variance from the Provisions of Article III , Section 100-31 , Bulk Schedule , of the Zoning Code for the insufficient lot width of proposed Parcels 1 , 2 and 3 at 150 feet , as shown by plan amended April 2 , 1987 by Roderick VanTuyl , P . C . in the Matter of RAYMOND KERESTER, Application No . 3611 , SUBJECT TO THE FOLLOWING CONDITIONS : 1 . No disturbance of any freshwater or saltwater wetlands or wetland grasses defined by Chapter 97 ( 13 ) of the Town Code , for road construction , development , or any other activities ; 2 . No lot- line changes or adjustments without formal applications to the Board of Appeals and the Planning Board . *3 . This variance is temporary for a maximum period of two years , EXCEPT where the pending division of land has been finalized by all involved agencies and the parcels have been transferred by deed or other legal document to reflect the subdivision lot lines accordingly . 4 . Planning Board Subdivision and 280-a Approvals . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen was absent . ) This resolution was duly adopted . • * * . '1 k i March 3, 1987 �_ Mrs. Pat Moore, esq. : SUFFOLK F t6 o`'VFF�IA' The attached material may be of Inter- est to you, and is therefore forwarded S for your information. p3` 4 LoGrande TY EXECUTIVE From Southold Town Planning Board DAVID HARRIS. M.D.. M.P.H. COMMISSIONER February 24 , 1987 Mr. Bennett Orlowski Southold Town Planning Board Town Hall Southold, New York 11971 Re: Subdivision Application of Raymond Kerester S .C.T.M. # 1000-81-1-25 Dear Mr. Orlowski : The Suffolk County Department of Health Services (SCDHS ) has received your letter of January 22 , 1987 regarding the above-referenced application and has no objection to your designation as lead agency. We have reviewed the information provided with your letter and submit the following comments regarding Sanitary Code compliance and natural resources concerns . I . Sanitary Code An application for realty subdivision was filed with this agency and was approved on December 16, 1986 . This approval certifies that the proposed arrangements for water supply and sewage disposal conform with the requirements of the SCDHS Sanitary Code for a total of three lots on the subject site. Realty subdivision approval is not an approval for the construction of an individual sanitary system or water supply. Individual lot approval is required from the Health Department prior to the construction of any sanitary or water supply system within this subdivision. ( �A, COUNTY CENTER RIVERHEAD.N.Y. 11901 • COUNTY OF SUFFOLK ti°vim crou,�� Michael A. LoGrande SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS.M.D.. M.P.H. COMMISSIONER February 24 , 1987 Mr . Bennett Orlowski Southold Town Planning Board Town Hall Southold, New York 11971 Re : Subdivision Application of Raymond Kerester S .C.T.M. # 1000-81 -1 -25 Dear Mr. Orlowski : The Suffolk County Department of Health Services (SCDHS ) has received your letter of January 22 , 1987 regarding the above-referenced application and has no objection to your designation as lead agency. We have reviewed the information provided with your letter and submit the following comments regarding Sanitary Code compliance and natural resources concerns . I . Sanitary Code An application for realty subdivision was filed with this agency and was approved on December 16 , 1986 . This approval certifies that the proposed arrangements for water supply and sewage disposal conform with the requirements of the SCDHS Sanitary Code for a total of three lots on the subject site. Realty subdivision approval is not an approval for the construction of an individual sanitary system or water supply. Individual lot approval is required from the Health Department prior to the construction of any sanitary or water supply system within this subdivision. COUNTYCENTER RIVERHEAD.N.Y. 11901 2 . II . Natural Resources On February 5 , 1987 Office of Ecology staff conducted a field inspection of the subject parcel . We provide the following comments as a result of this investigation. A. Freshwater Wetlands A small freshwater kettle pond is located at the south western corner of the site . Standing water appears to conform with the zero to 5-foot contour line indicated on the property survey. A fringe of wetland vegetation, including red maple (Acer rubrum) and swamp azalea (Rhododendron viscosum) , appears to conform with the 5-to-10-foot contour line on the south side of the pond. The wetland limit is less distinct on the north side of the pond. The pond functions as a natural retention and recharge basin, accomodating drainage from much of the southern portion of the subject property and adjoining property to the west. Moreover, the pond and adjacent vegetative cover provide a source of protected fresh water which is valuable to local wildlife . In addition to drinking water and bathing areas (which are important to songbirds ) , the wetland enhances the collective species richness of the site by providing habitat for freshwater-dependent species ( including amphibians and aquatic insects ) . We recommend that the wetland be delineated and protected from potential development impacts including: clearing; construction; erosion; excavation and filling, as well as sedimentation associated with the alteration of natural drainage patterns . In addition, vehicular access to any lot should not traverse any portion of the delineated wetland. We support the full protection of this wetland and encourage the use of setbacks , protective easements and a combined access subdivision design to achieve this protection . B. Tidal Wetlands A tidal wetland trough associated with Southold Bay is located along the northeastern portion of the site . The wetland appears to conform to the 5-foot contour line and extends in a southwesterly direction across central portions of lot #2 . According to the DEC these tidal wetlands are indicated on New York State Tidal Wetlands Map #718-546 . As such, develop- ment in and adjacent to the tidal wetland is subject to Article 25 (Tidal Wetlands Act) regulations . • 3 • All tidal wetland boundaries should be approved by DEC and indicated on survey of this site . In addition, we recommend that building envelopes be reevaluated for consistency with the State ' s tidal wetland land-use regulations . III . Conclusions The subject parcel has been granted subdivision approval by SCDHS and will require individual approval for construction of sanitary and water supply systems on each lot . The site contains an undisturbed freshwater kettle which provides several natural resource values to the area. The site also contains State-regulated tidal wetlands . Improper develop- ment of this parcel could reduce the benefits of both wetland systems . We recommend, therefore, that the applicant provide information regarding the following concerns : 1 . DEC-approved delineation of all freshwater and tidal wetland boundaries 2 . Discussion of freshwater wetland protection, erosion, sediment control 3 . Proposed acess to lots # 1 and #2 4 . Adequacy of the proposed building envelope on lot #2 in relation to wetlands We appreciate the opportunity to provide you with informa- tion regarding the environmental review of this project. Should you have any questions or concerns , please feel free to contact the Office of Ecology at your convenience. Sincerely, X4��_?�4 t-'Wrx Louise W. Harrison Supervisor, Bureau of Environmental Management Office of Ecology LWH/amf cc : Vito Minei Steve Costa P S�FFOGS-� D T LD v�'w cas tT S y Southold, N.Y. 11971 (516) 765-1938 February 11, 1987 Mr. Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Raymond Kerester Minor Subdivision Dear Mr. Bruer: Following a review of the site by the Planning Board, the above mentioned proposal was discussed at the February 9 , 1987 Planning Board meeting. It was the consensus of the Board to refer the following comments to the Board of Appeals with regard to this application: 1. The Board is concerned with access to the proposed building on Lot No. 1 since the access would be through a zero elevation. 2. The Board was also concerned with the building envelope proposed for Lot No. 2 since part of it is below the 10 ' contour and may require fill. 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 cc: Board of Appeals ATTORNEYS AT LAW MAIN ROAD SOUTHOLD.NEW YORK 11971 LEFFERTS P. EDSON (516)765-1222 RUDOLPH H. BRUER February 9 , 1987 (516)765-2500 Southold Town Zoning Board of Appeals Town Hall Main Road Southold , New York 11971 Re: Subdivision for Raymond Kerester Southold, New York Dear Sirs: We enclose herewith copy of N.Y .S. D.E.C. Tidal Wetlands Permit #10-86-1817 . Please make this a part of your file in connection with the above appeal application. Thank you for your cooperation. Sincerely, Rudolph H. Bruer RHB/df Enc. cc: Mr . and Mrs. Raymond J. Kerester Southold Town Planning Board 0 9,-0-6(986)-!t, NEIV YORK `,TAI I T1 I'AR WENT OF ENVIRONMENTAI CONSERVATION DEc PER1tl I ♦t %ol R le EFFECTIVE DATE 10-86-1817 IMF 1/28/87 EA(CII IIs PROCRAs.I N[iMpIRpI PERMIT EXPIRATION DATE(s) Under the Environmental Conservation Law N/A 1/31/92 1 Article 15. Title 3; 6NYCRR 327, 6NYCRR 608: Article 25: N 328. 329: Aquatic Pesticides Water Duality Certification Tidal Wetlands — Article 15, Title 5: Article 17, Titles 7, 8: Article 27, Title 7, 6NYCRR 360: Protection of Water SPDES Solid Waste Management' F Article 15, Title 15: Article 19: Article 27, Title 9; 6NYCRR 373: Water Supply Air Pollution Control' Hazardous Waste Management Article 15, Title 15: Article 23, Title 27: Article 34: Water Transport Mined Land Reclamation Coastal Erosion Management Article 15, Title 15: Article 24: Article 36: LJ Long Island Wells Freshwater Wetlands Floodplain Management Article 15, Title 27: N—New, R—Renewal, M—Modification, Articles 1, 3, 17, 19, 27, 37; L_____] Wild, Scenic and Recreational C—Construct ('only), 0—Operate ('only) 6NYCRR 380: Radiation Control Rivers PERMIT ISSUED TO R&ymond & Eleanor Kerester I ADDRESS OF PERMITTEE � 21 Oriole Ave. , Bronxville, NY 10708 ACENT FOR PERMITTIPCONTACT PERSON TELEPHONE NUMBER Rudolph Bruer, P.O. Box 1466, Southold, NY 11971 --— NAME AND ADDRESS OF PROJECT/FACILITY(If different from Permittee) Southold Bay, North Bayview Rd. at Paradise Pt. Rd, �yy'� Ir)CATION OF PROILCTJF (ILITY COUNTY TOWNF4r,/ VKI V UTM COORDINATES j Bayview Suffolk Southold DESCRIPTION Of AUTHORIZED ACTIVITY Subdivide 13.85±_ acre parcel into 3 lots each to be 4.6 acre building lots in accordance with attached plans approved by NYSDEC provided covenants are included in deeds as stated in Special Condition number 1. GENERAL CONDITIONS By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compli- ance with the ECL,all applicable regulations and the conditions specified herein or attached'hereto. I tile perinuu i shall hie in the othre of the appropnam regional permit administrator,or other office designated in thespeual conditions,a notice of intention ro commence work o ..a.t 18 h(uurs l,i ad-on, of the time of commencement and shall also notify Forr r promptly In writing of the completion of the work. The......... oil wo-k .hall M .ri to utspection by.ut author'ord representative of the Department of Environmental Conservation which may order the work suspended if the publlr int,or t su ...quires pursuant to ECL§T-0301 and SAPA §40101. t The permittee has accepted erp.ca Is by the execution of the application,the full legal responsibility for all damages,direct or indirect,of whatever nature,and by whomever suffered,an.m.out of the prole(t described herein and has agreed to indemnify and save harmless the State from suits,actions,damages and costs of every name and descnP licit .esu lhng born the said prnje(1 I The to ,irol Pit serves the right to noddy, suspend or revoke this permit at any time after due notice, and, if requested, hold a hearing when .p the s ripe m the protect exceeded or a v,clmoo of any condition of the permit or provisions of the ECL and pertinent regulations are found. or ill the pormrt was obtained by mkrepresemauco or failure to disclose let event facts, or (l newts dist revered no(oniabon or significant physical changes are discovered since the permit was issued The permittee is esponable h,r it,ig the penmt a(nw bysubmating a nmewal application.including any forms,ha s ursupplemental intormat,on who h may be reyu red TA the Deportment no later than 10 days(180 days for SPOI S or solid or Ha,roloous Waste Management permits)..nor to the expiration date h Ihn permit shall not be r unstrued as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the Peon fill wod or is tithericlnK the elpaionent of tiny fights, title or interest in real or peoonal property held or vested in a person not a Party to the pc'rniit. lhs peonnn.. is rcsponsiMe o.r obtaining any other counts approvals, lands, easements and rights ofwaywho h may be requir Y1 for this Pane(I it Issuance of to...-root to tho Department does nor lots"expressly provided for,modif y.wrym srde or res(ind an order on(unsent or deter,nation by the(umnussioner meed her-tool by the Department of any of the terms conditionsor requirenumts contained ua such order or determinanon 9 Any rnodifk,don of this permit gran •d by the D',a rtrtLent cot t be in writing and attached hereto PERMIT ISSUAN(i DATE PFR IT DMINI O ADDRESS Ston Brook , NY 11794 1/28/87 Alfred T. Kellar Y UTHOR V.ED SIGNATURE Page 1 of 3 95-7n6a lt/e6)-25c - - -749Di7iOflAk-GENERAi_CONQIilONS:fOAAR71CtfS.tS..(7itic5�3g,:3.L�3�6._md>(iNYGEtR s=fx .�.-_ _.,_ -._..,_ -�—_:- -" V7TISaE-if future-operationsbythe STSte"oCFew-Yor"Tc iequ"ve3si:at: other-envir"mentatty-de _ :zeratlon4n:2hE:positionof-the-xtrnUuraor-wo&Y IjereTn ai thai aed or-----prole -- if, in the opinion of the Department of.Environmental Conservation 14. Any material dredged in the prosecution of the work herein permitted it shall cause unreasonable obstruction to the free navigation ofseid---yfialtbrremoved evenly,without leaving large refuw piles,�idgecacross------ ..- waters or,flood flows or endanger-the health;safety or"welfare of ---the bed of�,waterway-oLnoodptaio:nLdeep-holes..thal..may:2uve - - the people of the State, or cause loss or destruction of the natural tendency to cause damage to navigable channels or to the banks of resources of the State,the owner may be ordered by the Department to- ---a waterway: - - ----- - -- - - - - - - - - remove or alter the structural work, obstructions,or hazards caused 15.-There shall be no unreasonable interference with navigation by the work.. thereby without expense to the State, and if, upon the expiration or herein authorized - - - - _--- - revocation of this permit, the structure, fill, excavation, or other 16. If upon the expiration or revocation of this permit,the project hereby modification of the watercourse hereby authorized shall not be com- _authorized has not been completed,the applicant shall,without expense pleied, the owners, shall, without expense to the State, and to such - to the State, and to such extent and in such time and manner as the extent and in such time and manner as the Department of Environmental Department of Environmental Conservation may require,remove all or Conservation may require,remove all or any portion of the uncompleted any portion of the uncompleted structure or fill and restore the site structure or fill and restore to its former condition the navigable to its former condition. No claim shall be made against the State of and flood capacity of the watercourse.No claim shall be made against New York on account of any such removal or alteration. the State of New York on account of any such removal or alteration. 17 If granted under Article 36, this permit does not signify in any way 11 That the State of New York shall in no case be liable for any damage that the project will be free from flooding. or injury to the structure orwork herein authorized which may be caused 18. If granted under 6 NYCRR Part 608, the NYS Department of Environ- by or result from future operations undertaken by the State for the mental Conservation hereby certifies that the subject project will not conservation or improvement of navigation,or for other purposes,and contravene effluent limitations or other limitations or standards under no claim or right to compensation shall accrue from any such damage. Sections 301, 302, 303, 306 and 307 of the Clean Water Act of 1977 12. Granting of this permit does not relieve the applicant of the responsi- (PL 95-217)provided that all of the conditions listed herein are met.-__-.— bility of obtaining any other permission, consent or approval from 19_ All activities authorized by this permit must be in strict conformance the U.S. Army Corps of Engineers,-U.S. Coast Guard,-New York State---- with the approved plans submitted by the applicant or his agent as part- -------- Office of General Services or local government which may be required. of the permit application. 13. All necessary precautions shall be taken to preclude contamination R. VanT 1 of any wetland or waterway by suspended solids, sediments, fuels; -- Such approved plans were prepared by /y 7/7/86 solvents,lubricants,epoxy coatings,paints,concrete,leachate or any -. -_ -- _ -- - - - on - - SPECIAL CONDITIONS 1. A restricted convenant shall be incorporated into the deeds of each of these lots to read as follows : a. Theee shall be no disturbance to the natural vegetation or topography within 75' of tidal wetlands . b. All proposed construction and development shall be a minimum of 100' from tidal w6tlands . I c. Proposed development of these lots will need additional applicatdon to l and approved by NYSDEC's Bureau of Marine Habitat Protection. DEC PERMIT NUMBER PROCRAM,FACILITY NUMBER Page __2__ of Z New York State Department of Environmental Conservation NOTICEi The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted on this site. For further informa- tion regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Regional Permit Administrator Permit No. 10 401to 40 1 Expiration Date W20-1 01AM TE: This notice is not a permit JAN 2 ? 1987 ATTORNEYS AT LAW MAIN ROAD SOUTHOLD,NEWYORK 11971 LEFFERTS P. EDSON (516)765-1222 RUDOLPH H. BRUER (516)765-2500 January 21 , 1987 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Subdivision for Raymond Kerester Southold, N.Y . Dear Sirs: Enclosed please find our client 's check , in the sum of $300 . 00 , representing the balance of your required application fee for the above referenced subdivision. Sincerely, & n r Qlph Br er RHB/df Enc. cc: Mr . and Mrs. Raymond J. Kerester i � T 1 � o O N e Q k. p Y , b e � i! Y � d co VI Y •- lJ.< = G V V Y d ' O Y Y K 11 1 I u Y 6 tiida'n3 m i — � c_ A _ � I I � i I •� ^gs k L. .i'.i� gid'./:.✓ � Jy ..C-___ ::20i�;�'GV .1�sH �r✓�,rE:2 rM2K ,,.,, 1 I 'c. in LOAM g -SAND $O` t! zm T45T HOLe NQ.t 1.07 2 L,.T- 3 11 -._. .. TOP-SOtt.r6a- LL.�. ^ :y.61 AC. BANDY /L ,I {.Oakl ZI�L' TYPICAL coauss m , rl1 i 3AHU I 1 I wATE!R.', I rEST iL4Lri W. til 1 _ IDI 171 TD..Gt2 . W _71F- _ �k'EST�rz- 13�1au 87 � U,s ��Q �I�zcva 4. �CJt.. INsut viu�Nr 1.Or .-��r�rN Lor l MAy PLvr� G rkff �m wirN A �fzlvav/, Y - IHt-'L-IZ7 Is C2P�r--w kOLE. Ohi TNS - , sNv ot- -7-IF- Lor(DQOP oFP ZO F TFI� wO�— aT- TNL-- La-lll� Nns GIzoVNr� waiF-P-- S Is Q Is \wTti-M IK 7N�- 40Le (=-Lt.v, O 1 965 ,57 eAVe A$ ALL a+4WaT4rQ WJo107, -NDAL. WbTLAWD,5 �sHnc g� Al.1D Pur Nat- g�z F'wrZop��nrrr s�7 t3ac�s WILL. t36z:' K61WTaihAU). IT 41�Arzs Ncw &Pr87L Q neLq wsysrcrtoN TqAr 74� r-L4;) . e- fJZ.0 re otN LOT Oi 15 IN A Hle,;T"4&j o it rtec . g�FFO(k T LD S Y Southold, N.Y. 11971 (516) 765-1938 January 22 , 1987 Environmental Analysis Unit DEC, Building 40 , Room 219 SUNY Stony Brook, NY 11794 Gentlemen.: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the subdivision of Raymond Kerester located at Southold, tax map no. 1000-81-1-25 . 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 February 5 , 1987 . 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, cltrL�a a I I --AYO BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. cc: Department of Health Services ��pS�FFD(/� PN c D T LD S Y Southold, N.Y. 11971 (516) 765-1938 January 13 , 1987 Mr Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Raymond Kerester minor subdivision Dear Mr. Bruer: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, January 12, 1987. RESOLVED that the Southold Town Planning Board declare themselves lead agency under the State Environmental Quality Review Act for the minor subdivision for Raymond Kerester for 3 lots on 13 . 9 acres at North Bayview Road and Paradise Point, Southold. It was the consensus of the Board to conduct a field inspection of the premises prior to any further review or action. 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 14-064(9184) jPROJECT I.D.NUMBER 'I NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF REGULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only 16 1986 PART I Project Information (To be completed by Applicant or Project sponsor) DE 1. pplicantlfponsor 2. Project Name H U�/Z U /dL5✓OA� FSTE2 3. Project location: (` Municipality (� County 4. Is proposed action: New ❑ Expansion ❑ Modification/alteration S. Describe project briefly: f _ c91- -S/ 6. Precise location(road intersections, prominent landmarks, etc.or provide map) 7. Amount of land affected: / Initially �.3� acres Ultimately --!!' 'IF5 acres 8. Will proposed action comply with existing zoning or other existing land use restrictions? tAs Yes ❑ No If No,describe briefly 9. What is present land use in vicinity of project? ® Residential Q9 Industrial ❑ Commercial ❑ Agriculture ❑ Parkland/open space ❑ Other Describe: 10. Does action involve a permit/approval.or funding, now or ultimately, from any other governmental agency(Federal,state or local)? Yes qNo If yes, list agency(s)and pe it/apprpvats -k��k L11.,. /��• P, 11Y5 a£. ll. Does any aspect of the action have a currently valid permit or approval? ❑ Yes No If yes, list agency name and permit/approval type 12. As result of proposed action will existing permit/approval require modification? ❑ Yes ❑ No I CERTIFY THAT THE INFORMATION PROVIDED ABODE IS TRUE TO THE-B FEST OF MY KNOWLEDGE [/ Applican Uspo me: g�/ -O�-YN JY• '-""'F,n.J 1T+2 %"/ "[ Date: Signature: -d// 7 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 Agency A. Does action exceed any Type I threshold in 6 NYCRR,Part 617.17? If yes, coordinate the review process and use the FULULONG FORM EAF. ❑ Yes ❑ No S. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR,Part 617.7? If No,a r)egative cleclaratilln may be superceded by another involved action. ❑ Yes ❑ No - s EEE C. Could action result in ANY adverse effects on,to,of arising from the following:(Answers may be handwrittt�if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns,solia`waste production ordfosal,potential for erosion, drainage or flooding problems?Explain briefly: , x C2. Historic,archeological,visual or aesthetic,or other natural or cultural resources;agricultural districts;or community or neighborhood character?Explain briefly C3. Vegetation or fauna,movement of fish or wildlife species,significant habitats,or threatened or endangered species?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 resources?Explain briefly. C5. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly. C6. Secondary,cumulative,or other effects not identified in C1{6?Explain briefly. C7. A change in use of either quantity or type of energy?Explain briefly. PART III Determination of Significance(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting(i.e. urban or rural); (b) probability of occurring; (c)duration;(d) irreversibility;(e)geographic scope; and(f)magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑ 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 box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: Agency Name Agency Preparees Name Preparer's SignaturerTitle Date 6 1°P)F, ATTORNEYS AT LAW MAIN ROAD SOUTHOLD,NEWYORK 11971 LEFFERTS P. EDSON (516)765-1222 RUDOLPH H. BRUER December 15, 1986 (516)765-2500 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 J Re: Subdivision for Raymond Kerester Southold, N.Y . Dear Sirs: For your consideration in connection with our client ' s proposal for a minor subdivision of property, we enclose herewith the following: 1 . Application for Approval of Plat in duplicate 2 . Twelve (12 ) copies of the subdivision survey. 3 . Copies of deeds ( 2 ) with legal description of property . 4 . Form letter re drainage, dtc . 5 . Part I of the Short Environmental Assessment Form 6 . Our check , in the sum of $450 . 00, in payment of the application fee ($300 . 00 ) and inspection fee ($150 . 00 ) . We await the Board ' s comments or recommendations . Sincere , Ruph H . Bruer RHB/df Encs . cc: Mr . and Mrs . Raymond J. Kerester DEC 16 1988 APPLICATION FOR APPROVAL OF PLAT 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.) Raymond Kerester, Applicant, is the husband of Eleanor M. Kerester, Record Owner 2. The name of the subdivision is to be . . .Minor. Subdivision .Qf.Raymond .KoF.aStC-F. . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . j6823. . . . . . . . . . . . . . Page . . 0040.. . . . . . . . . .. . . . On . 10/9/70 Liber . . . . .9310 . .. .... .. . . .. . Page . . . 548. . .. . . . . . . . . .. . On . .?/4/83 . . . . . . . . . . . . . . . . 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 . . . .13..$5.. . . . . . . acres. 6. All taxes which are liens on the land at the date hereof have been paid except NON$. . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. The land is encumbered by . . NONE . . .. .. . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . 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 . . . ,. .one . . . . . .. . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . " A —Res 9. The land lies in the following zoning use districts " . .. . . . . . .idential/Agric. . . . . . .. .. . . . . . . .u. .. . . . . .ltural. . . . . . . . . . .. . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. .. .. . . . . . . . I . . . .. . . . .. . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- None 11. The applicant shall at his expense install all required public improvements. 12. The land $*rim) (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 . . . N/A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . . N/A . . . .. . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the 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". DATE . .. .. ..October. 31.. . . . . .. . . ., 19.86 RaymTond Kerester (Nam o Applicant) B . . . . . . . . (S gnatu and Title) 21 Ori le Am Bronwille, N.Y. 10708 . . . . . . . . . . . . . . . .. .. .. .I . . . . .. .... . . . . . . . . . . .. . . . (Address) STATE OF NEW YORK, COUNTY OF . .SILK. . . . . . . . . . . . . . . .. .. . . .. ss: On the . . . 31st , , , , day of. . . . . . . . .October . . . . . . .. ., 19. .86. ., before me personally came Raymond Kerester . to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . . . . . . . . executed the same... a�� . . . . . . . . . .. . Notary P lic MARY DIANA FOSTER NOTARY PUBLIC, State of New York No. 524655242, Suffolk Cour-AY Commission Expires March 30, 14 STATE OF NEW YORK, COUNTY OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . ss: On the . . . . . . . . . . . . . . . . day . . . . . . . . . . . . of . . . . . . . . . . . . . .. 19. . . . . ., before me personally came . . . . . . . I . . . . . . . . . . . to me known, who being by me duly sworn did de- pose and say that . . . . . . . . . . . . resides at No. . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . that . .. . . . . . . .. . . . . .. . . . . . . .. . is the . . . . . . . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . the corporation described in and which executed the foregoing instrument; that . . . .. . . . . . . . knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that . . . . . . . . . . . . signed . .. . . .. .. . . . . . name thereto by like order. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . Notary Public RE: Proposed minor subdivision of Raymond Kerester Southold, New York STATE OF NEW YORK ) ) SS . : COUNTY OF SUFFOLK ) RUDOLPH H . BRUER, being duly sworn, deposes and says : THAT he is an attorney, licensed to practice law in the State of New York , and that he resides at (No# ) Main Road, Southold, New York ; THAT he knows that ELEANOR M. KERESTER, residing at 21 Oriole Avenue, Bronxville, New York 10708 , and JAMAL MANASSAH ( 1/8 interest only) , residing at 383 Common Street, Belmont, Massachusetts 02178 , are the owners of the premises subject to this submission, and THAT the above mentioned are the only persons or entities having an interest, direct or indirect , in this proposed subdivision; THAT your deponent makes this affidavit in compliance with Article IV, Section A106-40 (B) of the Southold Town Code, knowing that the Southold Town Planning Board rly upon he tatements herein. dolp % . Bruer Sworn to before me this /6-66day of December , 1986 No ry Public PARY DIANA FOSTER York NOTARY PUBLIC, a State Of New Cour y No. 52-4655242, commission Expires March 36, i%V7 t r 't 11/12/86 r DEC 1 e, 1986 Southq,c 4town Pinning Board Town 11 South o d, New York 11971 Re:s��{D/Y/S/O CJ toe ,�(InCVJO 9�&57_,r� 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. Y s truly, Rudolph H. Bruer Attorney for Applicant, Raymond Kerester U75ULT'YOXN AMEItUAMI THIS INSTRUMENT..THIS rNtTw+•..- ;Moue n•wr BY LAWYERS ONLY. OF . 23 PAGE 40 - .. D 1 6 1996 THIS INDENTURE, made the 9th day of October , nineteen hundred and seventy M-2427 BETWEEN ` JOIN L. PLOCK and ANNA. K. FLOCK, his wife, both residing at GTD No . Hobart Road, Southold, Suffolk County, New York 11971 07-56902 N M v party of the first part, and ELEANOR 1M. KERESTER , residing at 21 Oriole Avenue, � J' I Bronxville, Westchester County, New York 10708 r %V)l party of the second part, ` VIITNFSSETH, that the party of the first part, in consideration of - - - - - - - TEN ($10.00) - - - - - - - - - dollars, lawful money of the United States, and other good and valuahle cons ideration,paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the park' of the second part forever, 'ALL that certain plot, piece or parcel of land, MPC33�h1kXX�iMt4t(Y.x2flx,2XlAiaxSOX t3C �, situate, lying and being }A741ttC at Bay View, Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows : - BEGINNING at the corner formed by the intersection of the norther side of North Bayview Road with the westerly side of Paradise Point Road, and from said point of beginning running thence South 79 degrc 23 minutes 30 seconds West along said northerly side of North Bayvic. Road, a distance of 169. 42 feet to land now or formerly of Callis ; thence northwesterly along the northerly line of said land now or formerly of Callis and land now or formerly of Case, the following t courses and distances : (1) North 71 degrees 02 minutes 20 seconds We 184. 75 feet to said land now or formerly of Case; (2) North 70 degre 20 minutes 10 seconds West 115 . 18 feet to land now or formerly of Jo Plock; thence northeasterly along the easterly line of said land the following two courses and distances : (1) North 16 degrees 50 minutes 40 seconds East a distance of 885 . 54 feet to a point; (2) North 16 degrees 04 minutes 40 seconds East a distance of 454. 30 feet to the ordinary high water mark of Southold Bay; thence easterly along the said ordinary high water mark of Southold Bay, a distance of 450 . 09 feet on a tie line bearing of South 75 degrees 05 minutes 40 seconds East to land now or foim erly of Paradise Point Corp. ; thence souther along the westerly line of said land and the westerly line of Lot 16 on ''Map of Paradise Points' Map No. 3761 and the westerly side of Paradise Point Road, the following two courses and distances : (1) So 16 degrees 04 minutes 40 seconds West a distance of 466 . 50 feet to a monument; (2) South 16 degrees 50 minutes 40 seconds West a distance of 822 . 94 feet to the corner first described herein, at the point or place of BEGINNING, said premises containing 13 .85 acres , more or Ic according to survey by Van Tuyl. & Son dated October 2 , 1970 . ��.,.., i,^...; t tit'' ,` � \ t, '� y t • . REAL ESTATE I `r 51ATE OF n OP.TRANSFER1' a . �� rr.r'�rior' .oct ta`>o.� � � •; I �r5 ,�0 * ;` ilrl 4 ICONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -THIS INSTRUMENT SHOULD RE USED RY LAWYERS ONLY I 5�-{��, �� -- -- THIS INDEN' R made the fA Cl. of November nineteen hundred and eighty-two P .Y.S. I BETWEEN 7i ansfer ELF-MOR M. H)�t}5TE:R, residing at (no #) Qanp Fire Lane, St3nps Pecu-lic, New York 11958, $44.00 DISTRICT SECTION BLOCK LOT = CLD party of the first part, ands 12 C'O}}pp 21 2A M Ih C Pl JAKAL MAN1vSAH, residing at 383 &.annG4+.Street, BeLu>nt, Mts,3acdiusetts 02178, party of the second part, J WITNESSETH, that the party, of the first part, in consideration of ten dollars and other valuable eonsideratior paid by the party of the second part, does hereby grant and release unto the party of the second part, the heir, _ �a`311g3 or succcsaors and assigns of the party of the second part forever,a 1/8 undivided interest in all ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate ,-A lying and being-as4fie< at Bay View, Southold, in the Town of Southold, County of 9 Suffolk and State of Nocv York, bounded and described as follows: M-r NNING at the corner fonrx�d by the intersection of the northerly side of North Bayvicw. Rcsad with the westerly side of Paradise Point Road, and from Di st. said point of beginning running thence South 79° 23' 30" West along said 1000 northerly side of North Bayview Road, a distance of 169.42 feet to land now Sec. or foTrerl_y of ('allis; thence nortluesterly along the northerly line of said 081.00 land now or formerly of Callis and land now or formerly of Case, the following Blk. two courses and distances: (1) North 71° 02' 20" West, 184.75 feet to said land 01. 00 a_iv of fon,exly of Case; (2) North 70° 20' 10" West, ,115.18 feet to land now Lot or formerly of John Plock; thence northeasterly along the easterly line of said 025.000 land the following tivo courses and distances: (1) North 16° 50' 40" East a distance of 885.54 feet to a point; (2) North 160 04' 40" East a distance of 454. 30 feet to the ordinary high water mark of Southold Bay; thence easterly along the said ordinary high water mark of Southold Bay, a distance of 450.09 feet on a tie line bearing of South 75° 05' 40" East to land now or formerly of Paradise Point Corp; thence southerly along the westerly line of said land and He we trrly line of Lot 16 on "Nap of Paradise Point" Map No. 3761 arra the westerly side of Paradise Point Road, the follaving two courses and distance. (1) South 160 04' 40" West a distance of 466. 50 feet to a monument; (2) South 16° 50' 40" ;Je=st a distance of 822.94 feet to the corner first described herein, at the point or place of BMINNTNG, said premises containing 13.85 acres, more or less, ac=cording to survey by Van Tuyl & Sen datr-0 October 2, 1970. TOGETHER %vith all right, title and interest, if any, of the. party of the first part in and to any. streets and ro=uts abutting the al'uve• descriln•d premises to the• caner lines !hereof; TOGETHER with the q,purtenann- and all Iht estate and rights of the party of the first part in and to said premises; TO HAVE AND TO I101_D the prcmiscs herein gr: nitrl unto the party of the second part, the heirs or successors and assigns of the party of Ill( second part foreser. AND the party of the first part coocnants that the party of the first part has riot done or suffered anything v.he reby the $;rid premises have been cncumbcred in any way v%halcver, except as aforesaid. AND the party of the first part, in compliance %%ith Section 13 of the Lien Law, co%enants that the party of the first part x%ill receive the consideration for this conveyance and will hold the right to receive such consid- eran,-n as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apple ` the same first to the payment of the cast of the improvement before using any part of the total of the same for any ether purpose. The %surd "party" shall be construed as if it read "parties" whenever the sense of this indenture 5o requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and vear first above written. IN PRESENCE OF: I - 11_ l ;'1,1T[ Eleanor M. Irerester 90y� 1383 t (r•, SUU2 HOL-!a SAY op mcw� — pGV FEB:-,61991, - � 1 _(TIL LINE_ M. ee C201NnrtY' HIGH L f✓ 1 �_1 1.�� o l!L�Y F ! F�1 fiFtil CSF hilNa( . a JPtEL/C5I I)T J MADE_ F'Ov , _ 9 Ll l� eta = 1 f N LOT TO_T_ AL AREA AREA E12LUVJKfG WFTLA,W0 rE,5T ROLE Na.Z ',fit ` _ ,rt,_, �3' l I - 1000 S,F. '-_--- - __ - 2ECHA26E 400005.F, Lona ;c ✓ h a N 3 4310005,F, AREA a� "- - 4 405 S.F. — _ 0goo4' 5,F - 5 �O�OOO S,F SAND 5 g9�0005IF �q2+4005.4 704 ,IOOs,F, -- — 40000 S.F, 42,000 SF _ _ 40,000`SF "i - 1 q m F tl+ '"' SD PA2K " + �� I �fGEGCLEA��O 1'V. �r Ie __ (-I.`( %�_:-l;V✓a�(n ,L r',�;�A{.. . . N + Y �;t,\ --__. _ _Y:.,1'L 1�1 {;•l_I2 Fl f f; E ( G I`SW I t L. [N�Qi"h"� i �� VtrnsalvQw� °1 V tai rkF_ <.rd E, Alf 1S QF I HE `aUk=F• ice" C�`I'� �"" f -�-'. Z m 7F It A Tl'4 t� .F \/lc L�r' - y ' , Tr.:_t,-.r' .'-IOLrt I - \ \\ n �� S• L (ty�� I b A% + z- 1> s�AtiF_t.`ae:IZ > AGFAs18.85 AC. ' 2TALVE$ 00, t ,4 TOP-.SO1L i T \ R rENVELOPE snn[or 5 8 v ..�� — 2081 ON 1�,p LOAM \\ '� 4iOU�NCIlS1 akv t i w +a>sAVEL I \ 20LOwE1.L6, rYPFC]i1: -'1NS41: / SON: pi to Jll, fen r /� qY.E O 7-rNC• .. j LLT K I ll WtrIZ: 1' AL W4l 7w, I .o-^" '� � Z. rear/ ✓V \ � �, �:� Ul li �� _ 'CE.'Y' 2,i+ ira 6ACV, YYATF.` ' � �� • �f, � y� FSI',?'] 1 x r r TIC Tl�l 115.18 &= \n/ETLANDS FLAGS CALLIS CAS it 7! ? 4' i 0� ANI J",, , 7, 1986 ".'. ;i M r rt. It.,'7 J �I FF l [ t-'Mr'. r�E:l%I_.A�..: DATIJtv_h •hl&7�!C'A L C AMG `,.z1.i 1/F'vQl ?'�, 'I(iG♦r'F. fvFif9 T F�''Y" r �, I %.11F t r v 'FAQ N IAr I a. PC2E'MiI�$'��IIN 2 9tl Pt.11_t<PLtJG LONE',. � OCT 9', 199.9 � � �I wv'a Ys{n �j EACH LQT��;F�ST 40+000, S.F.iEXCL.WETLANDS - �¢C�'+ 29 J„1?lO;IJ,4NT25 199.t � rtL �},�— +_��x ' , 5ou7-W)LD BAY - L YIELD c,vE TCN F'I..AW 0V M1hJO :3JI- I iGf�/fr�Il t 1 v � ^� .,�_ to 1' r, Il.. ,�.� 1 I '`r,./ "'i� �'� 1�...__,14 A •. �.. �6.r.., I �*.... 02110L'S Ave Nue FSI bAYt20iJXYiLL iN`I 10709 . 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II � // // ` `` � • :' ` :•:`. ::`: :: :PRESERVE `:;`. >:.>;` :.;:::;` ;:.`:;: :`..:•:::`•::.:•;:•::' �:`:;,::';��:?:•:� :::''::�.��::�:'::'':•::':•'�:.�'::�:''::�;•� 11.1 3c.F. :`�:�:�:�:.:•:>:�•:•::�•:.';:�>:':•:•:':•:•:•:.'..:'::.`:•.`"" .. w . .;. �:::•`.::Y:�.��`�'.'•-.-._... :��.`•�:��::':::::::��•'�''��•�'� '�� '.'..:.:..:.::...:..:....:....:..:....:....;..;.;..... :.. . ,:..:..:....;..;.:..:.:.':.. .:....:.':....:.. .:.':.. . ....:..:..... .,. .....:..:. ......................................:............. . fit , : : ...: .< . . \.. ..�.•. .•.•.• .•.' . . TRUST:'.:::::;:`:'':`:`:;: :'::>. 1 .2 ac. PRESERVE``::`': :'::' :`: > ':`': :':`>:•:.'. _ ' . . . I Road,, dnvctt:rv, hul J' „t I m . Ircclines zinc] water features from . , ;: - ;m acral lu,lo glu ,h h Acro nip c, Corp.,ac. �.:`'`:`•:��: :' I 6 I y h, Ctr , New York, , I Feb,wirI� ttr1 bt - t unJ , l�ti , , II Irl , a „ ' , t , r n ala , ' - InI my fk a w rd �':q�':�':>�.•:•:'' � . '.{r: •: 1 S W. Your YI g, Ncw Yo, k Ma I S1 t I , ' anJ , u , — ( nt tl Su ' o If IA lax mapping. •I n Y I W. in I Lands to Acquire u e 0. V� rI 6 1.6 ac. Y 6 ac. p. 41 1.7 ac. Ino p O o cv Ln r cel NORTH coxcerr PLAN 1' 2 3.5 acres 1 = 100 PARTNERSHIP LANDS Peconk N V Land gist — � .°:,�", p.o Box zn888a TOWN OF SOUTHOLD so Main suet, 2nd Floor South=pton, NY 1196a SUFFOLK COUNTY, NEW YORK (516) 283-3191