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HomeMy WebLinkAbout1000-83.-2-6.5 //'5 . !i~!t;'.~,'/.~. Southold, N.Y. 11971 (616) 765-1938 Nove~er 27, 1984 William Esseks Attorney at Law Esseks, Hefter, Cuddy and Angel P.O. Box 279 Riverhead, NY 11901 Re: Constance Klapper Dear Mr. Esseks: The following action was taken at the regular meeting of Novem~ber 26, by the Planning Board. RESOLVED that the Southold Town Planning Board apprcve the set-off of Constance Klapper located at Cutchogue, plans dated December 20, 1983, subject to the following: 1. Receipt of filing fee of $50. 2. Filing of the covenants and restrictions with the County Clerk. (The covenants as submitted to the Board were approved by the Town Attorney). 3.Review by the Suffolk County Planning Commission. Please forward 6 copies of the survey for our referrals to the Suffolk County Planning Commission. If you have any questions, please don't hesitate to contact our office. When we are in receipt of notice that the above conditions have been met, the Chairman will endorse the maps. Very truly yours, BENNETT ORLOWSKI,JR., C~AIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary DECLARATION ~New York, more particularly bounded and described as set Schedule A, annexed hereto and made a part hereof; and WHEREAS, the Declarant has made application to THIS DECLARATION, made the /~ day of ~,,~G 1984, by CONSISkNCE KLAPPER, residing at (no #), Private Road, Cutehogue, New York, hereinafter referred to Declarant. WHEREAS, the Declarant is the owner of certain real property situate at Cutchogue, Town of Southold, County of Suffolk and State of forth in the Zoning ~O~ !Board of Appeals and the Planning Board of the Town of Southold for '-'~!approval to subdivide the said real property into two (2) parcels, bounded and described as set forth in Schedule B annexed hereto and made a part hereof; and 0 ~ ~ WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold and the owners and prospective owners of said parcels that the within covenants and ~'~'d~estrict:ions be imposed on said parcels, and as a condition of said approval said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and · ~ WHEREAS, the Declarants have considered the foregoing and ~~etermined that the same will be for the best interests of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarants, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of RODERICK VAN TtJYL (L.S,) ' COLIN VAN TUYL F~ D DERI C K VAN. TUYL, Licensed Land Surveyors FRONT STREET AT MAIN GREENPORT, NEW YORK 11944 (516) 47743170 F~. C. OTTO W. VAN TUYL Professional Engineer (Retired) September 11, 1984 DESCRIPTION: Land of Constance ~Llapper at Cutchogue, (3.4 acres) Beginning at the southerly corner of the premises herein describ®d, said point being 3067.87 feet northwesterly along the boundary line between land of John Zuhoski and land of John P. Connelly from the northerly line of Oregon Road; running thenoe along Bald land of Zuhoski, two courses: (1) N. 46° 39' 50" W. - 330.85 feet; thence (2) S. 43° 20' 10" W. - 100.0 feet to land of Shelley; thence along said land of Shelley, N. 46° 39' 50" W. - 420 feet more or less to ordinary high water mark of Long Island Sound; thence easterly along said ordinary water mark, 670 feet more or less to said land of John P. Connelly; thence along said land, S. 5° 02' 10" Wo - 369 feet more or less to the point of beginning. Containing 3.4 acres more or less. RVT:avt To: William W. Esseks, Esq. 108 East Main Street Riverhead, NY 11901 Roderick Van Tuyl RODERICK VAN TUYL (L.S.) COLIN VAN TUYL RnDERInK ,VAN TUYL, Licensed Land Surveyors FRONT STREET AT MAIN GRE£NPORT, NEW YORK 11944 (516) 477-0170 September 11, 1984 OTTO W. VAN TUYL Professional£ngineer(Retired) DESCRIPTION: Land of Constance E_la~per Parcel One (2.2 acres) Begi~niug at the southerly corner of the premises herein described adjoining land of John Zuhoski, said point being 3335.87 feet from the northerly line of Oregon Road; running thence along said land of Z~duoski, two courses: (1) N. 46~ 39' 50" W. - 62.85 feet; thence (2) S. 43 20' 10" W. - 100.0 ~eet to land of Shelley; thence along said land of Shelley, N. 46 39' 50" W. - 420 feet more or less to ordinary high~ter mark of Long Island Sound; thence easterly along said high water mark, 545 feet mo~e or less to Parcel Two; thence along said Parcel Two, S. 27v 00" W.- 235 feet more or less to the point of beginning. Containing 2.2 acres more or less. DESCRIPTION: Land of Constance ~lapper Parcel Two (1.2 acres) Beginning at the southerly corner of the premises herein described, said point being 3067.87 feet northwesterly along the boundary line between land of John Zuhoski and land of John P. Connelly from the northerly line of O~egon Road; run- ning thence along said land of Zuhoski, N. 46v 39' 50" W. 268.0 feet to Parcel One; thence along said Parcel One, N. 27° 00' E. - 235 feet more or less to ordinary high water mark of Long Island Sound; thence easterly along said high water mark, 125 feet more or less to said land of John Po Connelly; thence along said land, S. 5° 02' 10" W. - 369 feet more or less to the point of beginning. Containing 1.2 acres more or less. Roderick Van ~Tuyl RVT:avt To: William W. Esseks, Esq. 108 East Main Street Riverhead, NY 11901 9'708 PAc l.3f said premises, their heirs, ececutors, legal representatives, distributees, successors and assigns, to wit: 1. That at no time hereafter shall there be any further subdivision of or modification to the real property the subject or this Declaration, without prior approval of the Planning Board of the Town of Southold. 2. That the within Declaration may not be annulled, waived, changed or modified, unless and until approved by a resolution of a majority of the Planning Board of the Town of Southold. executed written. IN WITNESS WHEREOF, the Declarant above named has the foregoing Declaration the day and year first above STATE OF NEW YORK) ) COUNTY OF SUFFOLK) SS.: On this /~?-C~ day of -%J'~-~,~¥1984, before me personally appeared CONSTANCE KLAPPER, to me known and known to me to be the person who executed the foregoing instrument and she duly acknowledged to me that she executed the same. T~LD S~TY Southold, N.Y. 11971 (516) 765-1938 July 2, 1985 Mr. Murray Klapper P.O. Box 291 Cutchogue, NY 11935 Re: Set-off of Constance Klapper Dear Mr. Klapper: Enclosed is a photostat copy of the survey mar for the above mentioned approved set-off, which has been approved by the Chairman. If you have any questions, please don't hesitate to contact our ,office. Very truly yours, · Schultze, Secretary Southold Town Planning Board enc. 3. 4. 5. 6. 7. 11. 12. SUBDIVISION 6 copies sketch plan received 7~ ~ spot elevations sent to Planning Board ~ Meet with Planning Board Required changes sent in writing New submission received Approval of sketch plan Sent letter with resolution approving Application and fee If corporation, affidavit of ownership 6 copies o~ final map Covenants and restrictions Description of property Note on plat that sanitation ans water facilities meet County Board of Health specifications Developer attend meeting (official submission) Public Hearing (within 45 days) Advertised ~ffidavits of publication received Action by Planning Board (within 45 days) Sent to County Planning Commission Received County's recommendations Filed covenants and restrictions received Authorization and signing of map ,/ :'... SUFFOLK-COUNTY Southold. N.Y. 11971 Richard Ward 4~&~AUA-Kenneth Edwards BENNETT ORLOWSKI. Jr. t Chairman GEORGE RITC~E LATHAM. William F. Mullen, Jr. Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 December 13, 1984 TELEPHONE 765-1938 Gentlemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: (blap of) (blinor Subdivision) Constance Klapper Hamlet Ctuchoque Tax Parcel Identifier No. 1O0O- 83- ] - plo 6 Material Submitted: Minor Subdivision - Class A(3 copies) X Class B (2 copies) Major Subdivision (3 Copies) Preliminary Map (1 copy) ; Topographic Map (1 copy) ; Darinage Plan (1 copy) ; Street Profiles (1 copy) ; Grading Plan (1 copy) ; Planning Board Res. (1 copy) X ; Other material (specify and give number of copies) from the aDplicant~ and ntfownoy fnr ~h~ ~ppl~nn~. ag ,.yell zs from the Building Department, explaining the background of this Waiver of Subdivision Requirements - See attached sheetapplicati°n' Cozunents: This was hondcled ~n ~ "~-~F~" e~ it q~ 9f lot lines from ~ subdivision tha~ wa~ Ur~nd~'~-h~wt~rt Board, Section Alo6-53, see enclosed list. Very truly yours, the P ! =_nning Southold. N.Y. 11971 (516) 765-1938 May 30, 1985 Mr. William W. Esseks Esseks, Hefter, Cuddy and Angel Counselors at Law P.O. Box 279 Riverhead, NY 11901 Re: Constance Klapper Dear Mr. Esseks: Enclosed is a survey for the above mentioned approved set-off which has been endorsed by the Chairman. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN B~HOLD TOWN PLANNING BOARD lane M. Schultze, Secretary enc. Southold, N.Y. 11971 (516) 765-1938 April 16, 1985 Mr. William Esseks Attorney at Law 108E. Main Street Riverhead, NY 11901 Re: Constance Klapper Dear Mr. Esseks: The following action was taken by the Southold Town Planning Board, April 15, 1985. RESOLVED that the Southold Town Planning Board override the Suffolk County Planning Commission's resolution of denial with regard to the subdivision of Constance Klapper located at Cutchogue. 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 SUBDIVISION 1. 6 copies sketch plan received spot elevations sent to Planning Board 2. Meet with Planning Board 3. Required changes sent in writing 4. New submission received 5. Approval of sketch plan 6. Sent letter with resolution approving 7. Application and fee If corporation, affidavit of ownership 6 copies of final map Covenants and restrictions Description of property Note on plat that sanitation ans water facilities meet County Board of Health specifications Developer attend meeting (official submission) 8. Public Hearing (within 45 days) Advertised Affidavits of publication received 9. Action by Planning Board (within 45 days) 10. Sent to County Planning Commission Received County's recommendations 11. Filed covenants and restrictions received 12. Authorization and signing of map E$$eKs, HEfteR, CUDDY ~ ANgel COUNSELOF~S At Law RIVERHEAD, N.Y 11901 (516) 369-1700 March 25, 1985 WATER MILL OFFICE MONTAUK HIGHWAY P 0 BOX 570 WATEFI MILL, NY 11976 (516) 726-6633 Bennett Orlowski, Jr. Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Constance Klapper Dear Mr. Orlowski: We are in receipt of your letter and accompanying enclosure regarding the decision of the Suffolk County Planning Commission to disapprove the minor subdivision of premises owned by Constance Klapper. By this letter, we hereby request that the Planning Board of the Town of Southold override the disapproval of the Suffolk County Planning Commission for the following reasons: 1. Each parcel and the improvement thereon has been and continues to be used as separate residences. 2. Health Department regulations have been meet in the past in connection with water supplies and sewage disposal systems for each improvement. If any new construction is undertaken, after approval by the Town of Southold, appropriate water and sewage disposal systems will be upgraded if necessary. Although the original subdivision of which this was apart may not have complied with Section 1333 of the County Charter, this subdivision will serve to final- ize the existing vision of properties and also constitute the last possible subdivision of the subject premises. 3. Finally, a two lot subdivision of the subject premises as undertaken in the present application does not constitute "peace meal subdivision" but rather finalizes the actual use and division of the.property in its present form. Bennett Orlowski, Jr. Chairman March 25, 1985 Page 2 Would you please place this matter on the agenda for the next meeting of the Planning Board and advise this office accordingly. Very truly yours, ~illiam W. Esseks WWE/glm P ~D Southold, N.Y. 11971 (516) 765-1938 March 14, 1985 Barbara C. Boner Legal Assistant Esseks, Hefte~ Cudd~ and Angel Counselors at Law P.O. Box 279 Riverhead, NY 11901 Re: Constance Klapper Dear Ms. Boner: As per my conversation with you, enclosed is County Planning Commission's resolution regarding the mentioned subdivision. If you have any questions, please don't hesitate our office. Very truly yours, a copy of the above to contact BENNETT ~LOWSKI, JR, CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc · DEPARTMENT OF PLANNIN~ COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE l£e E. KOPPELMAN DIRECTOR OF PLANNING March 8, 1985 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 Re: Minor Subdivision - Constance Klapper Southerly side of Long Island Sound approximately 994 feet easterly from Duck Pond Road, Cutchogue. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on March 6, 1985, reviewed the proposed subdivision plat entitled, '~inor Subdivision - Constance Klapper", referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to disapprove said map for the following reasons: 1. The proposed subdivision will result in the creation of two land- locked parcels; that is, parcels that do not have frontage on an ex- isting or proposed public road. The creation of such lots is con- trary to good subdivision layout principles and creates problems as far as access by emergency and service equipment is concerned; this could result in health, safety and welfare problems for the future residents of these lots. Creation of landlocked lots also places the Zoning Board of Appeals in the awkward position of having to grant a building permit for each of these lots under Section 280-a of the Town Law as the future owners of these lots cannot be held responsible for the landlocked nature of the parcels. In addition, the future lot owners will have to depend upon a narrow 3,500~ foot long right-of-way for access to their properties. This access, because of its excessive length, may be restrictive to use by emergency and service equipment. In addition, the access will present extraordinary clearing problems during periods of heavy snowfall during the winter months, under which condition the residences can become isolated. Mr. Bennett Orlowski, Jr. - 2 - March 8, 1985 Re:Minor Subdivision - Constance Klapper 2 o 3o 4 o Creation of a subdivision with a substandard lot, that is, a lot whose area is considerably less than the minimum required by the zoning classification of the property, constitutes an overintensifi- cation of land use in a groundwater sensitive area in what is meant to be a low density area. Such action could establish a precedence for future subdivisions of this kind which would essentially be a circumvention of the Town Board's action taken over the past years to upzone these groundwater sensitive areas. The original subdivisions (set-off) of which this property was part of were not, according to our records, referred to this Commission as required by the provisions of Section 1333 of the County Charter and may, therefore, be procedurally defective. Piecemeal subdivision of a parcel without an overall subdivision plan should be approached with caution. Prior subdivision that is not in accordance with a plan can result in a poor layout in the future and elicit a plea of hardship by the subdivider for relief from some of the subdivision requirements. This subdivision is an example of this problem as an application to the Zoning Board of Appeals had to be made. Very truly yours, Lee E. Koppelman Director of Planning Charles G. Lind, Chief Planner Subdivision Review Section File: S-SD-85-05 CGL:jk Encl.: Map cc: R. A. Villa, P.E., SCDHS PB~D Southold, N.Y. 11971 (516) 765-1938 January 29, 1985 Charles G. Lind Chief Planner Subdivision Review Section Suffolk Coun~ Department of Planning Veterans Memorial High~ay Hauppauge, NY 11788 Re: Constance Klapper Dear Mr. Lind: In accordance with the Commission's request of December 18, 1984, enclosed herewith are three copies of the survey reflecting the language "minor subdivision". If you require any further information, or have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR.,CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. ESSeK$, HefTeR, CUDDY ~< AnGEl COUNSELORS AT LAW RIVERHEAD, N.Y. 11901 January 25, 1985 ,JAN 28 19 5 WATER HILL OFFICE MONTAU K HIGHWAY R 0 BOX 570 WATER MILL NY 11976 (5~6) 726-6633 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Constance Klapper Dear Mr. Orlowski: In accordance with your letter of January 14, 1985, enclosed herewith please find six copies of the map which has been revised to reflect the language "minor subdivision map of property surveyed for Constance Klapper at Cutchogue, New York". If I can be of any further help, please let me know. Very truly yours, ..Barbara C. Boner Legal Assistant BCB/glm encls. Southold, N.Y. 11971 (516) 76§-1938 January 14, 1985 Mr. William Esseks Esseks, Hefter, Cuddy and Angel 108 E. Main Street Riverhead, NY 11901 Re: Constance Klapper Dear Mr. Esseks: We are in receipt of the enclosed correspondence from the Suffolk County Planning Commission indicating that they require new maps prior to their review. Would you please forward si~' (6) copies of the map to us so we may refer it to the County. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. COUNTY OF' SUFFOLK DEPARTMENT OF PLANNING (516) 360-5207 Mr. Bennett Ortowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 Plat Name: December 18, 1984 Preliminar~__ Constance Klapper Final X Location: N/e ~side of 16" ROW, 3067.87' n/w of Oregon Road, Cutchogue. Dear Mr. Orlowski: Please be advised that pursuant to Section 1333, Article XIII of the Suffolk County' Charter, the above referral will not be reviewed by the Suffolk County Planning_ Comm!ssion because of noncompliance with requirements for notice and maps as stipu- lated in Informational Bulletin #g of the Suffolk County Planning Commission. The material as checked below is required before referral will be reviewed: 3 copies of final map 1 copy of preliminary map 1 copy of proposed grading plan 1 copy of proposed road profiles 1 copy of proposed drainage plan 1 copy of topographic map Letter from N.Y.S.D.E.C (Tidal Wetlands and/or Freshwater Wetlands Act) X Other Name is incorrect; "M/nor Subdivision" must be part of n~mp. File: 1333-D-84-79 CGL:Jk Form: SRS-76-01 Very truly yours, Lee E. Koppelman Director of Planning Charles g. Lind, Chief Planner Subdivision Review Section 11788 TO. D $ Southold, N.Y. 11971 (516) 765-1938 December 13, 1984 Mr. William Esseks Attorney at Law 108 E. Main Street Rlverhead, NY 11901 Re: constance Klapper set-off Dear Mr. Esseks: Enclosed herewith is the original declaration of covenants and restrictions, regarding the above mentioned set-off, for filing with the County Clerk. Very truly yours, Diane M. Schultze, Secretary Southold Town Planning Board enc. PL'ANN IN, G~BOA.RD TOWN OF, SOUTH ,O SUFFOLK -COUNTY $outhold, N.Y. 11971 Richard Ward 4~g&~-b-Kenneth Edwards BENNETT ORLOWSKLJr., Chairman GEORGE ~TC~E LATHAM, Jr. William F. Mullen, Jr. Suffolk County Planning Coramission Veterans Memorial Highway Hauppauge, New York 11787 December 13, 1984 TELEPHONE 765-1938 Gent lemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the $outhold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: (Map of) (Minor Subdivision) Constance Klapper Hamlet Ctuchoque Tax Parcel Identifier No. 1000- 83- ] - q an8 p~o 6 Material Submitted: Minor Subdivision - Class A(3 copies) Class B (2 copies) Major Subdivision (3 Copies) Preliminary Map (1 copy) ; Topographic Map (1 copy) ; Darinage Plan (1 copy) ; Street Profiles (1 copy) ; Grading Plan (1 copy) ; Planning Board Res. (1 copy) ~ ; Other material (specify and give number of copies) one CODV of Board of ADDaa]~ rM~Alll~i~n mF ~nn~r~l mmn~r n~ ~ from the aDDlicant~ amd attorney F~ ~hm appl4~nn~ aS well zc from the Building D~artment, explaining the background, o~ ~bis.application. Waiver of Subdivision Requirements - See attacneo snee~ y of lot ' ~ subdivision fha~- wa~ ar~naF~eh~a ~l' thc P!_=nnin9 Board, Section Alo6-53, see enclosed list. Very truly yours, WAIVER OF SUBDIVISION tLEQUIREMENTS (Map of) (Minor Subdivision-) Constance Klapper Hamlet or Village Cutchogue Town southo ld- The following items normally required as part of the subdivision applica- tion have been waived. Check, as required. Preliminary Map X X Topographic M~p Street Profiles X Grading Plan Drainage Plan XX Lands'cape Plan Other (describe) 1) b~nor Subdivision a) Not required by subdivision regulations b) Subdivision of lot on an existing improved filed map c) Other (describe) 2) Major Subdivision a) No new drainage structures and no changes in existing drainage proposed X b) No new roads and no changes in existing roads proposed X c) No major site clearing and grading proposed X d) Other (describe) E$$EK$, HefTER, CUDDY ~ ANGEL CounseLoRs AT LAW December 10, 1984 WATER MILL OffICE MONTAUK HIGHWAy R 0 Box 570 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Constance Klapper Dear Mr. Orlowski: In accordance with your letter of November 27, 1984, enclosed herewith please find six copies of the survey for forwarding to the Suffolk County Planning Commission. In regard to the filing of the covenants, the original was delivered to you by our letter dated September 20, 1984. If you wish, you may either return it to us for recording at the County Center or you may forward it directly to the County Center and charge to our account number 106. I await further word from you regarding the above. Very truly yours, William W. Esseks WWE/glm encls. cc: Mr. and Mrs. Klapper TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 December 9, 1983 Mr. Henry Raynor Chairman, Flanning Southold Town Hall Southold, NY Board Re: Constance Klapper Minor Subdivision Dear Henry: The history of this property, as best as I could trace, is as follows: property was originally owned by a Ms. Paulding who sold to Mr. Dignan on 6/20/62. Mr. Dignan also bought the adjacent par- cel from Mr. Zuhoski on 1/4/63. Mr. Dignan sold parcel #1 to Ms. Fitzhugh on 11/13/67; parcel #2 on 7/25/69. Ms. Fitzhugh sold parcel #1 & #2 to Constance Klapper on 6/12/75. On 4/22/76, Murray Klapper filed with the Z.B.A. for a one acre "set-off" on the south end and this was granted, along with 280a approval. The "set-off" was sold to Mr. Connelly on 8/10/77. On 4/10/83, Ms. Klapper sold what was left of what she con- sidered as lot #2 to her husband, Murray Klapper. My determination, based on the above information, would be that even though Ms. Klapper purchased those "parcels" of prop- erty at different times; this doesn't legally make it a sub- division. What the Klapper's have or had was 4.4 + acres of property which legally had one acre set-off and soTd. They now have 3.4+ acres of property and one lot. The possible answer might be application of a Minor Sub- division (considering the fact that two habitable dwellings now exist on this property) by following procedures set up for Planning Board and Board of Appeals applications. Hoping this has been more helpful than confusing, I remain, Very truly yours, Victor Lessard Executive Administrator VL:ec xc Mr. & Mrs. Murray Klapper FOKM NO. · TOWN OF $OUTHOLD BUILDING DEPARTMENT Town Clerk's Office Southold, N. Y. Certificnte Of OCcupnncy No..Z65.2.3 ..... Date ........... ~une. J.3 ........ , 19.75. THIS CERTIFIES that the building located at . .Il, O,W o. N/S- ~ gen..Road Street Map No.. xl:x ....... Block No..xx~ ..... Lot No..~Lx...CutOhogue.~..E,¥o ........ conforms substantially to th~~~vC~rOde built before . . C~t~ cate .of. occupancy dated ......... Apr..23 .... , 19.52 pursuant to whmh~]~i~O, z6~23 ' ' dated ........... Julia .. 13.., 197.~., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . Pr~iva%~. olde..fazalJ, y. dl~.elllng..~ith..acc~asory..garage. & .stualc?cottage~ The certificate is issued to .Lollise. l~ltzl~lgh .... Owner ............................ (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval pre-..extstln~ ................... UNDERWRITERS CERTIFICATE No. pre-..exie-ti~g ............................. HOUSE NUMBER .. ,3~f10 ...... Street . R,0.W~..off..0rgo~ .~oacl... Building InspeCtor HOUSING CODE INSPECTION June 13, 1975 3300 R.O.W. of Oregon Rd. Cutchogue, N. Y. Tax Roil: Louise Fitzhugh Tenant: Tony Ziernicki & John La Farge Upon receipt of an application for a Pre-Existing Certificate of Occupancy, I made an inspection of this two story framed dwelling. I was admitted to building by Tony Ziernicki who accompanied me during the inspection which began at ~pproximately 11:00 A.M. The first floor of main building consists of a k~tchen, dining room, laundry room, living room, and, west of entry, an office, studio and bathroom. The second floor has three bedrooms and two bathrooms. Heat is furnished to ail rooms by an oil fired forced warm air furnace located in palatial cellar. Accessory buildings consist of a utility storage shed on west side of main building, a three car garage at south end of property, and studio is located on the east loop of driveway. There were no violations of The Housing Code, Chapter 52, Town of Southold. The following violations of Zoning Ordinance, Chapter 100, Town of Southold, were found: gdio, contains full bathroom and complete kitchen facilities, which constitutes a separate dwelling. Article III, Section 100-30 A.1. Swimming pool, located on west side of property - not enclosed with required fencing. Article III, C-2, a. Building and grounds in good order. at approximately 11:50 A.M. EH:mm Inspection completed Respectfully·. su~mitted~ ~awa~d Hln~e~mann Building Inspector ROBERT W. TASKER Town Attorney 'EY 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 TELEPHONE (516) 477-1400 October 1, 1984 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Constance Klapper - Covenants & Restrictions Dear Benny: I have reviewed the proposed Declaration of Covenants and Restrictions with respect to the above minor subdivision and find the same acceptable as to form. Yours very truly, ROBERT W. TASKER RWT :aa OCT 3 0 1984 Southold Town Board of Appeals blAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No.3267 Application Dated July 9, 1984 (Public Hearing September 13, 1984) TO: Esseks, Hefter, Cuddy & Angel [Appellant(s)] as Attorneys for CONSTANCE KLAPPER 108 East Main Street, Box 279 Riverhead, NY 11901, At a Meeting of the Zoning Board of Appeals held on 0ct0ber 25, ]984, 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 [ ] Request for Variance to the Zoning Ordinance Article , Section Request for Application of CONSTANCE KLAPPER, Box 29l, Cutchogue, NY (by Esseks, Hefter, Cuddy & Angel) for a Variance to the Zoning Ordinance, Article III, Section 100-31, for approva~ of insufficient area of lot in this proposed two-lot division (rediv~sion) of land and for approval of insuf- ficient livable floor area of existing principal building. Location of Property: 3300 Dignans (private) Road, Cutchogue, NY; County Tax Map Parcel No. 1000,83,02-005. The board made the following findings and determination: This is an appeal from Article III, Section 100-31 of the Zoning Code for: (a) approval of insufficient area of 1.2± acreage in this proposed set-off of Parcel "2" from Parcel "l" which will contain 2.2± acres, and (b) approval of the insufficient livable floor area of a studio/cottage structure of a size 12' by 20' as shown on survey mapped December 20, 1983, by Roderick VanTuyl, P.C. and existing on proposed Parcel "2." Existing on Parcel "l" is a two-story, one-family dwelling structure and accessory swimmingpool. Current town records show that the northerly parcel is now of Constance Klapper and contains approximately 2.41_acres,. and that the southerly parcel is of Murray Klapper, per deed dated 4/19/83 at Liber 9358 cp 595 and contains approximately one acre with 185- - foot frontage along a private right-of-way. The relief requested by this application appears to adjust these lot sizes as noted, supra. For the record, it is noted that the premises in question was the subject of a prior appeal, No. 2232, for the applicant herein, in the set-off of a 48,147 sq. ft. parcel, and for approval of access, which was conditionally granted on December 22, 1976. It is also noted that under Appeal No. 3300 conditional approval of access over this same right-of-way was granted to Daniel Shelley on March 2, 1984. Since it is the opinion of the board that this right-of,way has not been brought up to the standards required for emergency vehicles pursuant to New York Town Law, Section 280-A, no building permit therefore shall be issued until such improvements have been made and accepted, or a subsequent application for approval of access is made. (CONTINUED ON PAGE TWO) bATED: October 30, 1984. Form ZB4 (rev._12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD The board members have personally visited the premises in question and are familiar with the statements presented at the public hearing and an Affidavit of Constance Klapper dated September 19, 1984, was received as requested by the board indicating that the studio-cottage is a year- round dwelling with its own heating and plumbing systems and separate septic system, and has been used as a dwelling continually for more than 20 years, that the subject premises was acquired approximately 10 years ago, during the 40,000 sq. ft. lot area zoning requirements of the town, and referring to a Certificate of Occupancy dated June 13, 1975, No. Z6523 (for premises containing a total acreage of 5.0± as existed prior to conveyances during 1977 and 1983). On August 27, 1984, a recommendation was made by the Planning Board that this application be approved. In considering this appeal, the board determines: (a) that the relief requested is not substantial; (b) that by allowing the relief no substantial detriment to adjoining properties would be created; (c) tha~ no adverse effects will be produced on available governmental facilities of any increased population; (d) that the relief will be in harmony with and promote the general purposes and intent of zoning; (e) that the circumstances of this appeal are unique; (f) that in view of the manner in which the difficulty arose, the interests of justice would best be served by allowing the requested relief. Now, therefore, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the application in behalf of CONSTANCE KLAPPER for approval of insufficient area of proposed Parcel 2 of 1.2± acres and for approval of the insufficient livable floor area of the existing cottage structure on proposed Parcel 12, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. That no sideyard reductions to less than that permitted by the code be authorized; 2. That in the event road improvements have not been made and accepted by the Town as required (under Appeal No. 3170 of 3/2/84) by New York Town Law, Section 280-a, no building permit shall be issued until such improvements have been made and accepted by the town. Location of Property: East Side of Dignan's Road (private right-of-way), Cutchogue, NY; County Tax Map Parcel No. 1000-83-02- 005 (6.3 and 6.4). Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis and Sawicki. Member Douglass was absent. This resolution was adopted by unanimous vote of the members present. lk October. 30~ 1984 ~ / Southold, N.Y~ 11971 (516) 765-1958 September 27,1984 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, NY 11944 Re: Constance Klapper minor subdivision Dear Mr. Tasker: We are in receipt of the enclosed covenants and restrictions regarding the above proposed minor subdivision. Would you please review them and let the Board know if they are in order. Also enclosed is a copy of the Board's resolution requesting such covenants. Thank you for your assistance in this matter. enc. Very truly yours, BENNETT ORLOWSKI,JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary ESS~KS, HEFTER, CUDDY & ANgeL COUNSELORS AT LAW RIVERHEAD, N ¥. II90~ September 20, 1984 Bennett Orlowski, Jr. Chairman Southold Town Planning Board Town Hall Southold, New York 11971 Dear Mr. Orlowski: In accordance with your letter of August 28, 1984, enclosed herewith please find an original Declaration which has been signed by Constance Klapper as per your instructions. Would you please let us know if the enclosed declaration meets with your approval. Very truly yours, Legal Assistant BCB/glm encl. Southold, N.Y. 11971 (516) 765-1938 August 28,1984 Gerry Goehringer Chairman Board of Appeals Southold Town Hall Southold, NY 11971 Re: Constance Klapper Dear Mr. Goehringer: The following action was taken by the Planning Board at the regular meeting of August 27, 1984. RESOLVED that the Southold Town Planning Board recommend to the Board of Appeals that the application of Constance Klapper be approved. It was also noted that any approval by the Planning Board will be subject to covenants and restrictions as to no further subdivision of any lot in the future. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN HOLD TOWN PLANNINQBOARD By Diane M. Schultze, ~ecretary cc: William Esseks, esq. EsseKs, HEFTer, CuDDY & ANGEL COUNSELOI~S AT LAW August 8, 1984 WATEF~ MILL OFF~CE ~v~O NTAU K HIGHWAY Southold Town Planning Board Main Road Southold, New York 11971 Dear Sirs: In accordance with my telephone conversation with the Board of Appeals of Southold Town, it is my understanding that the application made to said Board of Appeals on behalf of Constance Klapper (Appeal No. 3267), has been held in obeyance pending application to the Planning Board for "re-alignment of lot lines" of an approved three lot minor subdivision of the premises of Mrs. Klapper. In accordance with our conversation, the three lot subdivision was approved in 1978 when the original application was filed so that a portion of the property could be sold. Subsequent to the approval of the three lot subdivision, the Planning Board grandfathered the subdivision in 1980. Would you please review your file on this matter and advise this office as to what is necessary in order to procure approval for the remaining two lots as set forth in our application to the Zoning Board of Appeals. I believe that you have in your possession a copy of the survey showing the remaining two lots and the appropriate lot lines. If this is not the case, please let me know. Very truly yours, William W. Esseks WWE/glm cc: Constance Klapper TOIVN OF SOUTIIOLD, NEW YORK ACTION OF THE ZON/NG BO~ILD OF APPEALS AppeM No. 2232 Dated December 6, 1976 ACTION OF THE ZONING BOARD OF APPEALS OF THE TO~VN OF SOUTHOLD To Constance Klapper P.O. Box 291 Cutchogue, NY 11935 12 22 76 DATE ......... ~.......~. Appellant at a meeting of the Zoning Board of Appeals on December 22 i ' 1976 . was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the appeal. 1. SPECL%L EXCEPTION. By resolution of the Board it was dete,~nined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be con-firmed Because '~:20 P.M. (I~.S.T.) 'upon application of Constance Klapper, P.O. Box 291, Cutchogue, New York for a variance in accordance with the Zoning Ordinance and the Town Law, Section 280A for approval of access and lot with insufficient width. Location of property: private right-of-way, north side Oregon Road, Cutchogue, New York, bounded on the north by Long Island Sound; east by David Digman; south by now or formerly Zuhoski; west by now or formerly Shelley. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practical difficulties or SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the irmmediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE- and therefore, it was fro-thor determined that the requested variance ( ) be granted ( ) be denied and that the pr6vlous decisions o! the Building Inspector ( ) be cordirmed ( ) be reversed. SEE REVERSE FORM ZB4 ZONING BOARD OF APPEALS After investigation and inspection the ~oard finds that the applicant requests permission to set off lot with insufficient width and approval of access, private right-of-way, north side Oregon Road, Cutchogue, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. %HEREFORE IT WAS RESOLVED, Constance Klapper, P.O. Box 291, Cutchogue, New York be GRANTED permission to set off lot with in- sufficient width and approval of access as applied for, subject to the following condition: The applicant shall improve the-right-of-way from Oregon Road to the property which is being set off with 6" of ' bank run, scarified, with a width of 15' to accommodate emergency vehicles. ~ Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. - sOUND .7 GO · SEP 2 DECLARATION THIS DECLARATION, made the /oL~- day of j~no~o~4 1984, by CONSTANCE KLAPPER, residing at (no #), Private Road, Cutchogue, New York, hereinafter referred to Declarant. WHEREAS, the Declarant is the owner of certain real property situate at Cutchogue, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as set forth in Schedule A, annexed hereto and made a part hereof; and WHEREAS, the Declarant has made application to the Zoning Board of Appeals and the Planning Board of the Town of Southold for approval to subdivide the said real property into two (2) parcels, bounded and described as set forth in Schedule B annexed hereto and made a part hereof; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold and the owners and prospective owners of said parcels that the within covenants and restrictions be imposed on said parcels, and as a condition of said approval said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the Declarants have considered the foregoing and determined that the same will be for the best interests of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarants, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, ececutors, legal representatives, distributees, successors and assigns, to wit: 1. That at no time hereafter shall there be any further subdivision of or modification to the real property the subject or this Declaration, without prior approval of the Planning Board of the Town of Southold. 2. That the within Declaration may not be annulled, waived, changed or modified, unless and until approved by a resolution of a majority of the Planning Board of the Town of Southold. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. (Constance KlaPper)~'/ STATE OF NEW YORK) ) COUNTY OF SUFFOLK) SS.: On this /~ day of ~.~z+1984, before me personally appeared CONSTANCE KLAPPER, to ~e known and known to me to be the person who executed the foregoing instrument and she duly acknowledged to me that she executed the same. RO,DERICK VAN TUYL (L.S.) · COLIN VAN TUYL RE]DERICK VAN TUYL, Licensed Land Surveyors FRONT STREET AT MAIN GREENPORT, NEW YORK 11944 (516) 477~3170 OTTO W. VAN TUYL Professional Engineer (Retired) September 11, 1984 DESCRIPTION: Land of Constance Elapper at Cutchogue, (3.4 acres) Beginning at the southerly corner of the premises herein described, said point being 3067.87 feet northwesterly along the boundary line between land of John Zuhoski and land cf John P. Oonnelly from the northerly line of Oregon Road; running thence along said land of Zuhoski, two courses: (1) N. 46° 39' 50" W. - 330.85 feet; thence (2) S. 43° 20' 10" W. - 100.0 feet to land of Shelley; thence along said land of Shelley, N. 46° 39' 50" W. - 420 feet more or less to ordinary high water mark of Long Island Sound; thence easterly along said ordinary water mark, 670 feet more or less to said land of John P. Oonnelly; thence along said land, S. 5° 02' 10" W. - 369 feet more or less to the point of beginning. Containing 3.4 acres more or less. RVT:avt To: William W. Esseks, Esq. 108 East Main Street Riverhead, NY 11901 Roderick Van ~uyl · RO~ERICK VAN TUYL (L.S.) ¢COLIN VAN TUYL RODERIOK VAN TUYL, P. C. Licensed Land Surveyors FRONT STREET AT MAiN GREENPORT, NEW YORK 11944 1516) 477~170 September 11, 1984 OTTO W. VAN TUYL Professional Engineer {Retired) DESCRIPTION: Land of Constance F~lapper Parcel One (2.2 acres) Begi~iug at the southerly corner of the premises herein described adjoining land of John Zuhoski, said point being 3335.87 feet from the northerly line of Oregon Road; running thence along said land of Zuhoski, two courses: l~l N. 46~ 39' 50" W. - 62.85 feet; thence S. 43 20' 10" W. - 100.0 ~eet to land of Shelley; thence along said land of Shelley, N. 46 39' 50" W. - 420 feet more or less to ordinary high~ter mark of Long Island Sound; thence easterly along said high water mark, 545 feet mo~e or less to Parcel Two; thence along said Parcel Two, S. 27v OO" Wo- 235 feet more or less to the point of beginning. Containing 2.2 acres more or less. DESCRIPTION: Land of Constance Klapper Parcel Two (1.2 acres) Beginning at the southerly corner of the pre~zises herein described, said point being 3067.87 feet northwesterly along the boundary line between land of John Zuhoski and land of John P. Connelly from the northerly line of O~egon Road; run- ning thence along said land of Zuhoski, N. 46~ 39' 50" W. - 268.0 feet to Parcel One; thence along said Parcel One, N. 27° 00' E. - 235 feet more or less to ordinary high water mark of Long Island Sound; thence easterly along said high water mark, 125 feet more or lessotO said land of John P. Connelly; thence along said land, S. 5 02' 10" We - 369 feet more or less to the point of beginning. Containing 1.2 acres more or less. Roderick Van~Tuyl RVT:avt To: William W. Esseks, Esq. 108 East ~in Street Riverhead, NY 11901 JUL 3;] 1984 Southold Town Board of Appeals MAIN RnAD- ~TATE RnAD 25 5OUTHI3LD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI July 31, 1984 William W. Esseks, Esq. Esseks, Hefter, Cuddy & Angel 108 East Main Street, Box 279 Riverhead, NY 11901 Re: Appeal No. 3267 Constance Klapper Dear Mr. Esseks: This letter will confirm that the following action was taken by the Board of Appeals at its Regular Meeting held July 26, 1984, concerning the above matter: RESOLVED, that the matter of Appeal No. 3267, application for CONSTANCE KLAPPER, for a variance to the zoning ordinance in t~'s proposed ye-division of land, BE AND HEREBY IS HELD TEMPORARILY IN ABEYANCE, pe~i6~ an ap~]i~i~ ~-~-~ Planning Board and receipt of comments or preliminary approval, before scheduling this matter for a public hearing. Upon receipt of same, this matter will be scheduled and advertised for a public hearing at the earliest possible date. Yours very truly, CC: Planning Board ~/// Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski AUG 9 REC'D Constance Klapper P.O. Box 291 Cutchogue, N.Y. 11935 July 30, 1983 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Main Road Southold, N.Y. 11971 Dear Mr. Raynor: On July 21, 1975 I purchased our property, subdivided as per the enclosed survey. (See Survey #1). In August of 1977, I sold the Easterly most acre to John and Mary Ellen Connolly. In the Spring of 1978, I cut through new driveways and contoured the land to completely separate my remaining two parcels from each other, as the Easterly acre contained the guest house which has been rented since I purchased the property. (See Survey 3). Just prior to the passage of the two acre zoning, I sold the EAstern acre to my husband, Murray Klapper, to pre- vent the merger of the two parcels. (See Survey ~1, Deed dated 4/19/83 and Notice of Change of Assessment). At the time of that sale, we wanted the Eastern parcel to include an additional piece of property from the larger parcel. (See Survey 2). Because of the imminence of the two acre zoning, there wasn't time to have this piece added to the original acre. size We would now like to have permission to increase the of the original acre, as shown in Survey 2. Thank you for your prompt consideration. Enclosures Sincerely, Constance Klapper NOTICE OF CNA~,GF OF OF F;OUTH OLD TO PARCEL ID KLAPPER, CONSTANCE SS~ 473889 ~3.-2-6.3 30X 291 ACCOUNT NO. 351956 CUTCHOGUE, N.Y. 11935 LOCATION/DESCRIPTION BOX 291 TAX-CODE: 132 YOU ARE HEREBY NOTIFIED IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 510 OF THE REAL PROEERTY TAX LAW THAT THE ASSESSED VALUATION OF THE REAL PROPERTY IDENTIFIED A~OVF, OWNED BY YOU, BEEN ADJUSTED AS FOLLOWS: HAS 19R3 ASSESSMENT 1952 ASSESSMENT 18.~00 ..2.Zo~ ~0 0 A PUB[_ICATIC~ CONTAINING PROCEDURES FOR CONTESTING AN ASSESSMENT. ENTITLED "HO&' TO CHALLENGE YOUR ASSESSMENT,', IS AVAILABLE AT THE ASSESSOR'S OFFICE. GRIEVANCE DAY IS JULY 19,1953 IF YOU HAVE ANy QUESTIONS CONCERNING THE ABOVE CHANGE, YOU MAY TELEPHONE THE ASSESSORmS OFFICE AT 516-765-t937 ROLL INSPECTION WILL BE HELD AT TOWN HALL, FA]N ROAD SOUTHOLD, JUNE 30 THRU JULY 19 BETWEEN THE HOURS OF 9AM AND 4PM AND 7PN TO 9PM ON JULY 13. GRIEVANCE HOURS: 9AM TO 12 NOON; 1PK TO 4PM AND 7PM TO 9PM (JULY 19 Al TOWN HALL). THF TOWN OF SOUTHOLD EQUALIZATION RATE IS 10.21. BOARD OF ASSESSORS TOWN OF SOUTHOLD NOTICE 0t' CH~'~_r OF' TOI Cf gOUTHCLD TO PARCEL ID KLAPPEP ~U~RAY 4738~9 83.-2-6.4 BOX 291 CUTCHOGUE NY 11935 LOCATION/DESCRIPTION 132 YOU ARE HEREBY NOTIFIED IN ACCORDANCE WITH THF REQUIREMENTS OF SECTION 510 OF THE REAL PROPERTY TAX LAW THAT THE ASSESSED VALUATION OF THE REAL PROPERTY IDENTIFIED ABOVE. OWNED HY YOU. HAS BEEN ADJUSTED AS FOLLOWS: 1983 ASSESSMENT 2.900 1982 ~SSESSMENT ~4_~ ~9_~(.__ O NET I~,iCREASE 2.900+ A PUPLICATIOh, COKTAINING PROCEDURES FOR CONTESTING Ah ASSESSMENT. ENTITLED '°HO~ TO CHALLENGE YOUR ASSESSMENT". ]S AVAILABLE AT THE ASSESSgR'S OFFICE. GRIEVANCE DAY IS J~LY 19.1983 IF YOU HAVE ANY QUESTIONS CONCERNING THE ABOVE CHANGE~ YOU MAY TELEPHONE ~HE ASSESSOR'S OFEICE AT 51~-765-1937 ROLL INSPECTION WILL BE HELD AT TOWN HALL, ~AIfJ ROAD SOUTHOLB, JUNE 30 THPU JULY 19 BETWEEN THE HOURS OF 9AM AND 4PM AND ?PM TO 9P~ ON JULY 13. GRIEVANCE HOURS: 9AM TO 12 NO0~!; 1PN TO 4P~ AND 7P~ TO 9PM (JULY 19 AT TOWN HALL). THE TONN OF SOUTHOLD E~UALIZATION RATE IS 1C.21. BOARD OF ASSESSORS TOWN OF SOUTHOLD HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr.  D T ~LD Y Southold, N.Y. 11971 February 17, 1984 TELEPHONE 765 ~ 1938 Constance Klapper P.O. Box 291 Cutchogue, NY 11935 Dear Mrs. Klapper: This letter is to inform you of the action taken by the Southold T own Planning Board at the regular meeting on February 13, 1984. RESOLVED that the Southold Town Planning Board recommends that Constance Klapper petition the Town Board for relief under Local Law 11, or apply to the Zoning Board of Appeals with regard to the m{nor subdivision located at Cutchogue, which contains undersized lots. If you apply to the Zoning Board of Appeals, please see the Building Inspector first for a denial and the proceedure for applying. If you have any questions, please contact this office. y truly yours, F-N HENRY E. ~AYNOR, JR., CHA~AN ~. SOUTHOLD TOWN PLANNING BOARD ~/h~ By Diane M. Schultze, Secretary cc: Zoning Board Town Board HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. SLaY Southold, N.Y. 11971 TELEPHONE 765- 1938 December 7, 1983 Mr. Victor Lessard Building Administrator Southold Town Hall Southold, New York 11971 Re: Constance Klapper Minor Subdivision Dear Mr. Lessard: We are presently reviewing an application for a two- lot minor subdivision filed under the name of Constance Klapper; the southerly parcel was sold to John and MaryEllen Connolly in 1977 as a result of approval by the Zoning Board of Appeals for a set-off. Prior to any action of our Board, a physical inspection of the property was made. An inspection report was given at our regular meeting, November 21, 1983, noting there are two existing buildings on the parcel, a main residence and a studio which appears to be used as a second dwelling. We would, therefore, advise the Building Department that a pos- sible violation exists on this property and request any infor- mation you might have in your files so that we may proceed with this application accordingly. Thank you for your cooperation. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: Constance Klapper By Susan E. Long, Secretary --------~ Jn order to answer the questions in this short EAF it is [hc~ ~he preparer will uso. curren~ly available infor~o¢ion concerning projccL r~nd ~hu li]:cl~ impocLs of ~he ac[ion. I% is no~ cxpeckcd (b) If on7 question has been ons',?ered Yes the project may be significant and 0 co:apletec] ~nv.lronmento! ASs ~ ~' (c) If all quesLioms have been cnswered [~o i~ is likel'y %ha% (d) Ehvfronm~ntol As ~cr.~men~ ..'~ 1. ~','~ p:-oject resuLt--in o large phTsicml change to ~he projecL si[e or phT~icolly alter more thm~ 10 acre~ of lm~d? ....................... Yes k No 2. t/ill there be a major chan?e ~o any unique or .... -u~usuol land fo~m found on the siLe? .......... Ye~ ~ No 3. Will project alter or here a large' effect on .... existing bad7 of woter? ....................... Yes¢ 4. Will project have o potantial!7 large impact -, ' o ' ' ~> ........................ Yes B No on 9r una',~azar quo!i~ ,0 5. %'[ill pro joel siDnifJccn~ly cfr'ce% drainoDe " - flow on adjacen~ si~es? ........................ Yes ~ No 6. ¥,'ill projec~ affect ~n)' %hreo%cncd or ' endangered plant or animal species? ........... Yes ~ No 7. ¥/ill projec% rcsul% in o major advcrsc effect.-: '" on air quality? ...................... ... Yas'~ No 8. ¥/ill prnjact he:va o major off ecl on visual - -- cl~c:roc~er of ibc corn~uni~ of scenic views or vi~Los known to:be important to the community?~ 'Yes X No Y. ¥/~11 projec~ odverse!y impact any si%e or ' .. 5~ruc~ure of historic, prehistoric or poleon~o!ogical impor* ~o,,ce or o;~y site " designated os ~ cri[icc~l environmental ereo 10 Will project hove a mojo. e~,ect on existin~ or fuLurc recreational opportunilies~ Yes ~ No 11. [,.zl~ projecl result in .major troffi'c problems ' all cot, ne o major erfeci to existing ~ronspor[o~}orl system.s? ....................... Yes 12. ¥,'ill project .regu.[orly cause objec~ioneble odors, noise, glare, vibration, or electrical disturbance os o rcsu!t of the project's opera[ion? ...... ~ '" ............................ _ _Yes. X. No 13. ¥;ill project },aVe on), 5nq)oc[ on public heolLh or .safety? ' .................................... Yes X No 14. Will l)fo ecl affect the existing community directly causi~{D o Dro',/ih in permcncnt population of moFe than 5 perceut over a one year period or }]ave o m~jor ncDolivc effect on ibc character of the community or neiOhborh°°d? ................................. Yes ]5. 1~ there, public controversy col~ccrnin9 the '' P~'°JectV Yes No 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 o~vner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be 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 follo~vs: ~ Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; f,iber ........................ Page ...................... On Liber ........................ Page ...................... On as devised under the Last Will and Testament of or as distributee ..... . .................................................................. 6. All taxes which are liens on the land at the date hereof have been paid except ............ 7. The laud is encumbered by mortgage (s) as follows: ...................................... ~- ...................... (a) Mortgage recorded in Liber ...~. 3 .~.~ ..... Page ....~.~·..~.,.~.Q ..... in original amount of $.gO.,.OO.O,.e'.':. unpaid amount $ .~.-.q, ./.,~.q,.*? ... held by .~.t~'lq46.[¢...~.~g..q.~; .~.. .g..a ~ ~ ...... a d dress..34..,.,.q...2.¢,.~..~.,... ~..~.,~..~ ~ ~,./..V._.7....: t .~. '~. t .............. (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 ........................ 9. The land lies in the following zoning use districts ./~.. .4.~.b.~.~* t~ 7. (~[?,-~Cq (/~ 10. No part of the land lies under water whetber tide water, stream, pond water or other~vise, ex* eept ................................................................................... 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ............................................................. 13. Water mains will be laid by .?f/,~ and (a) (no) charge will be made for installing said mains. standards will be installed by ..... .~. i//~ .............................. 14. Electric lines and ..................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by ?//tr~. and (a) (no) charge will be made for installing said mains. 16. If streets sho~vn on the plat are claimed by the applicant to be existing public streets in the Suffolk County Higbxvay system, annex Schedule "B" hereto, to show same. 17. If streets sbown on the plat are claimed by the applicant to be existing public streets in the Town of Soutbold Highway system, annex Schedule "C" hereto to show same. 18. Tbere are no existing buildings or strnctures 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 o[ title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $ .......... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .............. years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". (Name o Applicant) (Signature and Title) (Address) STATE OF NEW YORK, COUNTY OF. ~ .~.~./.~. ............ ss: ~ ~..r).~.~ ~./~¢~/,?/0 ~'f-. .... to me known to be the individual described in and who execnted the foregoing instrument, and acknowledged that .~'~. ..... executed the same. £1.1ZABE'fH ANN NEVI£1.~ No. 52-8125850, Suffolk ~/ T~, ~pir~ Ma~h 30. 19~ STATE OF NEW YORK, COUNTY OF ............................ ss: On the ................ day ............ of .............. , 19 ...... , before me personally came ..................... to ~ne known, who being by me duly sworn did de- pose and say that ............ resides at No ..................................................... .............................. that ................... .~. ..... is the .......... the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that ............ signed .............. name thereto by like order. Notary Public Constance Klapper P.O. Box 291 Cutchogue, N.Y. 11935 October 7, 1983 Southold Town Planning Board Town Hall Southold, N.Y. 11971 Re: Constance Klapper Tax Map ~83-2-5 & 6.1 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. No new drainage structures or alteration of existing structures are proposed. Yours truly, Constance Klapper HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765 - 19,~8 September 6, 1983 Mrs. Constance Klapper P.O. Box 291 Cutchogue, New York 11935 Dear Mrs. Klapper: We acknowledge receipt of your letter dated July 30, 1983 and have reviewed the various correspondence you delivered to our office. Please be advised this office has no record that the three lots designated on your survey were ever approved by our Board. If you wish to proceed with the approval of the three lots as indicated, a complete subdivision application will have to be submitted to this office. I have enclosed all necessary forms to be completed. If you have any questions concerning the above, please feel free to contact our office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Encls. By Susan E. Long, Secretary HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILHAM F. MULLEN, Jr. SLaY Southold, N.Y. 11971 OCT 11 TELEPHONE 765- 1938 September 6, 1983 Mrs. Constance Klapper P.O. Box 291 Cutchogue, New York 11935 Dear Mrs. Klapper: We acknowledge receipt of your letter dated July 30, 1983 and have reviewed the various correspondence you delivered to our office. Please be advised this office has no record that the three lots designated on your survey were ever approved by our Board. If you wish to proceed with the approval of the three lots as indicated, a complete subdivision application will have to be submitted to this office. I have enclosed all necessary forms to be completed. If you have any questions concerning the above, please feel free to contact our office. Encls. Very truly yours, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By . Long, Secretary TEL. '765-2660 TOWN OF SOUTHOLD OFFIOE OF F~UILDIN6 INSPEOTOR TOWN I~.LERK'S I~FFIOE SOUTHOLD, N. Y. 119'71 £6 1983 May 1 Mr. Jack Dricsoll Mattituck~ N.Y. Dear Sir; In reply to your verbal inquiry RE: Fitzhugh property on private right of way off North s~de of Oregon Road~ Cutchogue~ N.Y~ consisting of four plus acres~ and of odd shape cmnsisting of a main dawelling and other buildings~ please be advised: This property can be divided into lots meeting the current requirements as to area~ width and sideyard for existing buildings of the zoning ordinance. Your s truly PS: May 20 197~ In the event the existing building are removed the property could be divided as any .other vacant land. ~tll S A V I N G S B A N K MAIN OFFICE,54375 Main Road, Southold, New York 11971,(516) 765-2800 July 12, 1977 AUG 26 1983 Mrs. Constance Klapper 23 Beekman Place New York, New York 10022 Dear Mrs. Klapper: Re: Mortgage No. 15458 In accordance with your request to Mr. L. P. Edson, our attorney, this is to advise you that we will consider the terms and conditions as set forth in our letter to you of September 29, 1976 for the release of Parcel I "C" as indicated on the map submitted at that time. If these terms are still acceptable to you, please have your attorney contact Lefferts P. Edson, Attorney, at 516-765-2500 to initiate the preparation of the necessary release. RAW/mmb Enc. cc: Lefferts P. Edson, Esq. Richard A. Winters Vice President Sou hol4 1983 MAIN OFFICE,54375 Main Road, Southold, New York 11971,(516) 765-2800 September 29, 1976 Mrs. Constance Klapper 23 Beekman Place New York, New York 10022 Dear M_rs. Klapper: Re: Mortgage No. 15458 Our Finance Com~ittee has agreed to reduce the amount of consideratio~ previously requested for the release of Parcel I "C", as indicated on the map submitted, to $12,000. Upon receipt, monthly payments for principal and interest will be reduced by $96.72. If this is acceptable to you, please have your attorney contact Lefferts P. Edson, Attorney, Main Road, Southold, N.Y. (516-765-2500) to initiate the preparation of the necessary release. RAW/mmb cc: L. P. Edson, Esq. A~thur Stoll, Esq. North Fork Housing Guild ~Ve~ t~y yours, Vice President Other convenient offices located in Southampton, Port Jefferson Station, and Bohemia, ARTHUR STOLL COUNSELOR AT LAW Ig83 July 28, 1975 Mrs. Murray Klapper c/o Oxford Neckwear Co., Inc. 40 East 34th Street New York, N.Y. 10016 Dear Connie: Re: Purchase of Cutcho~ue Property Enclosed you will find a mortgage chart showing the breakdown of each payment and the balance remaining after .it is made. If you will make a note alongside of each payment showing the date that it is made, you will always have a running account of the mortgage. You will note that it is broken up into three columns - payment of interest, payment of principal, and balance of the loan after the payment is made. Interest, of course, is only paid on the unpaid balance and for that reason you will note that the amounts set forth in the interest column go down with each payment whereas the amounts credited to in the principal column go up with each payment. There is also enclosed two prints of a new Survey, showing the division of the land as proposed by the surveyor. If it is satisfactory~ then you know the two lots that are offered for sale. They will have identical Long Island Sound frontage, but the one oontaining the garage, because of the angle of the land, will have a 9~reater area and both will be larger than one acre in size. Also enclosed is Mr. Roderick Van Tuyl's bill. The original charge for the survey was $100.00 and the extra $50.00 represents the additional work for the revision for the bank as well as for yourself. There is also an additional $25.00 charge for mort- gage tax. By reason of the fact that the mortgage contained a clause permitting a subdivision~ it took it out of the category of a sole one-family house and that raised the mortgage tax by $25.00. ~e Title Company very kindly advanced the money so will you please send me two checks, one made payable to American Title Insurance Company in the sum of $25.00, and one made payable to You may keep the bill for your Roderick Van Tuyl for $150.00. records. Again, best wishes. AS:id Enclosures Sincerely, ARTHUR STOLL TAX MAP ESIGNAT1ON THIS INDENII/I~. made the 19th day of BE~WF_~I , nineteen hundred and ~J. ghty-thvee CONSTANCE KLAPPER, presently residing at: (no #) Private Road, Cutchogue, NY, 11935 party ofthe first part, and MURRAY KLAPPER, presently residing at: (no #) Private Road, Cutchogue, NY 11935 party of the second part, '~ll'l~.~t-[]-l, that the party of the first part, in consideration of ($ IO.O0~EN DOLLARS ........................................................ dollars, lawful money of the United States2, nd other lawful consideration, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, .ALI. that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being:~/l:~g~ near Cutchogue, Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the division line between land of the party of the first part and land of Connolly on the East, said point being North 46° 39 minutes 50 seconds West,3,06Z87 ft~long said line from a point on the nobtherly line of Oregon Road where the same is intersected by the center line of a certain right-of-way set forth in Liber 5187, cp 289; RUNNING THENCE from said point of Beginning along the land now or formerly of John Zuhoski, North 46° 39 minutes 50 seconds West 185.0 feet to a point; RUNNING THENCE North 13° 48 minutes 30 seconds East 265.08 feet to the ordinary high water mark of Long Island Sound; RUNNING THENCE easterly along the ordinary high water mark of Long Island Sound on a tie line South 81° O0 minutes East 105.0 feet to land now or formerly of Connolly; R~INING THENCE along land now or formerly of Connolly South 5° 02 minutes 10 seconds West 369.38 feet to the point or place of beginning. TOGETHER WITH a right of ingress and egress over rights of ways recorded in Liber 1174, cp b35 and in Liber 5187, cp 289, to and from the subject premises and to and from Oregon Road, a public highway; TOGETHER WITH a right of way 20 feet in width, in common with others, from the said northerly line of Oregon Road, the westerly 10 feet of which is over land of John Zuhoski and the easterly 10 feet of which is over land of John Zuhoski and the land of David Dignan, for a distance of 3,078.08 feet, the center lihe.of which runs North 46° 39 minutes 50 seconds West, which said right of way~.the~ continues on the s~ne course a width of 16 feet over land of John Zuhoski and along the westerly line of the first course of the parcel hereinabove described' a distance of about 320 feet. cont' d '[ TO~ETHER with all right, title and interest, if any, of the party of the firs~ part in and to any streets 3.nd roads abutting the above described premises to the center lines thereof, TOC~ETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AHD TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. ~I~ID the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purlx~se of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indemure so requires. IN ~ WHEREOF, the party of the first part has duIy executed this deed the day a~nd year first above written. fN PRESENCE OF: Constance Klapper J // o~ N~'W VO~K, ¢OUI~OF SUF~OL~ On hhe 19th ~ of April, 1983 , ~fore me C( N ~TANCE KLAPPER to me ~own to [~ ~e in~vid~d~cfi~ in ~d who ex~t~ the for~I~ng instant, a~d ~wl~ged ~t Notary~blic O ,.~o. 62-295~ -- ~ STATE OF NEW YORI[, (:OUNTY OF On the day o? 19 , before me personally ~me to me known, who, being by me duly sworn, did depose and say that he resides ~t No. that he is the of , the corporation described in anti which executed the foregoing instrument; that he knows; the seal of said corporation; that the seal affixed to said instrument is sach corporate seal; that it was so affixed by order of rte board of directors of said corpora- tion, and thac he si.ned h name thereto by like order. STATE O~E'W ¥01~ COUNTY OF On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did.depose and say that he resides at No. that he knows ; to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. KLAPPER SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS KLAPPER TITL~i GUARANTeE- NEW YORK Constance and Murray Klapper (no #)Private Road ~0 ~OX~ . Cutchogue, NY 11935 Zip No. according to a certain bond, ,m~te or obliffation bearing even date herewith, the mortgagor hereby mortgages to the mortgagee ~rmln plot, piece or parcel of land, with the buildings and im rovements th 'and bereft ~ rlear ~lt~le, Tow~ er~on recte i te Of ll~e York, l~nmded and desoribed as follows~ at a point on ~he division l~ne between ~a W~b ~d ~d of Da -- d o~ ~ Z~oak ~tJr l~e of a ce~a~ ri-hr of ......... ' ~ ~ce f~ saT. __w~y_s~c ~or~n ~ ~= 5187 cp 289~ .~,~ ~ ~ce_e~tll along l~d of Jo~ "~" ~*~ zeet ~ l~d of ~ell~. ---,~u~, ~ou~ 43 200 10 ~'~ a ~~ 4~ ~ .... ~ ~_ ~neAA~, NO~ ~ ~oa eu~erly ~d a~easterl al ~e or~ h~h m t~ of Zml ~ ~o =~.. ~ S~d, ~t 585 feet to 2. Mor~ 89 02 East 178.23 feet 3., ~ 70° 07' 40" East 2on -~ ~; ~e ~t Or pXace of ~G~' ~u ~r~g~ ~ ~ pl~ 320 (continued on Rider) necessary to defend or uphold the lien of this mortgage, all sums paid by the mortgagee for the expense o any litigation to prosecute ~defend the rights and lien created by this i~[tgage (including reasonable courts. fees), shall be paid by th~rtgagor, together with interest thereon air, lYe rate of six per cent. per annu, and any such sum and the interest thereon shall be a lien on said pre~ises, prior to any right, or tiffs t, interest in or claim upon said premises attaching or accruing subsequent to the lien of this mortgage, an shall be deemed to r this mortgage. In a~.y. action or proceeding to foreclose this mortgage, or t the r~covering of c~ts, ~sburs: c, aLD~ ~o be ~O Mortgage t CO. stance K~app~r nd Sout~o/xl Savings Bank: WXTH a right of way 20 fe~t i~ width from the said line of Or~ ~. ~e westerly k0 ~ee~ of whi~ o~ Jo~ ~e~i ~d the easterly 10 ~ee= of ~h Of ao~ Z~ki ~d l~d of David Dignan fo~ a ais~u- '~078.08 f~t th~ ~t~ ~e of ~l~h ~a Nor~ 46' 39'~ land o~ John Zuhoski ~d a!~ ~e ~rs~ ~ ~h. ~el hezei~ desc~e, aut':~0.64 fe~ ~o'the~s~her17 l~e of the sec. a'~h~:-~f:,~ 10 feet ~ wid~ for a d~ of, 7 side of the secon~ c~rse of the division line between l&nd ~ ~ 'S~*~':*~ted by ~e center l~e of n~ TO~ET~ER with a right of ingress and egress over l~ghte of Way HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLJAM F. MULLEN, Jr. Southold, N.Y. 11971 June 30, 1983 TELEPHONE 765-1938 Ms. Constance Klapper P.O. Box 291 Cutchogue New York 11935 Dear Ms. Klapper: The enclosed application for your minor subdivision does not meet the present zoning requirements of 80,000 square foot lots. Although your application was distributed and reviewed by each member of the Planning Board, it did not receive sketch approval prior to May 20, 1983 on which date the $outhold Town Board legislated new zoning require- ments as noted above, and is therefore being returned. Very truly yours, Henry E. Raynor, Jr., Chairman Southold Town Planning Board sel Encl. Application for Constance Klapper Constance Klapper P.O. Box 291 Cutchogue, N.Y. 11935 April 19, 1983 Mr. Henry E. Raynor, Jr.~ Chairman Southold Town Planning Board Main Road Southold, N.Y. 11971 Re: Constance Klapper Tx Map No. 83-2-5&6ol Dear Mr. Raynor: I would appreciate Planning Board consideration of this subdivision as a set-off 106.13. Thank you. Enclosures Sincerely, Constance Klapper fftme '3,q. q977 Mr Raymond Mine, Contractor ~ew S~ffolk Ave. Magtit~ak ~ Dea~ Sir~ ! have inspecged the "Xlapper" private road, Oregon Read to dwellin2s on L.I.Sound. ~he road meets the requirements set by Board of Appeals for access for private dwellingse I believe once some heavy traffic uses the road it will pack soildly , It is satisfactory for the intent of section 280a of the · w~ ~aWe Yours Building TOVgN OF SOUTHOLD, NEW YORK ACTION OF THE ZONI2qG BOAP~D OF APPEALS Appeal No. 2232 Dated December 6, 1976 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOVFN OF SOUTHOLD To Constance Klapper P.O. Box 291 Cutchogue, NY 11935 Appellant at a meeting of the Zoning Board of Appeals on December 22 i · 1976. was considered and the action indicated below was taken on your ( ) Request for variance due to ]ack of access to property ( ) Request for a special exception under the Zoning Ordinance (X) Request for a variance to the Zoning Ordinance ( ) the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because '8:20 P.M. (~,.s.T.) 'upon application of Constance Klapper, P.O. Box 291, Cutchogue, New York for a variance in accordance with the Zoning Ordinance and the Town Law, Section 280A for approval of access and lot with insufficient width. Location of property: private right-of-way, north side Oregon Road, Cutchogue, New York, bounded on the north by Long Island Sound; east by David Digman; south by now or formerly Zuhoski; west by now or formerly Shelley. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vieinlty of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE' and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ZONING BOARD OF APPEALS After investigation and inspection the'Board finds that the applicant requests permission to set off lot with insufficient width and approval of access, private right-of-way, north side Oregon Road, Cutchogue, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Constance Klapper, P.O. Box 291, Cutchogue, New York be GRANTED permission to set off lot with in- sufficient width and approval of access as applied for, subject to the following condition: The applicant shall improve the right-of-way from Oregon Road to the property which is being set off with 6" of~ bank run, scarified, with a width of 15' to accommodate emergency vehicles. Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse, Grigonis. 0-'0/',/~ T,4NCE' .d x, ~.~U~ VE Y'E D FO~Z APPROVED BY pLANNInG BOARD TOWN OF SOUTHOLD DATE -,.y~ ) ~ ~" ~ ~ JAN 2 ~ 19~5 , , SUB, D R~I~ SECTION 'l'ne subdivision of this property, as ofoobs~?~i~d ~ ~ l~ . has been D[S~PRO~D by ~he Suffolk County Plann[n~ Co~ission. Refer to le~er for reasons [or dis- ~ ~-~.~.~ / approval. ,/ 1 REcEiVED BY ~AP OF LAbJD .E~U ~ VE Y'EO CONSTANCE C U TCHO~ L.~ ~ ,// , ,,.u j -i .( \ DETAIL KLAPPE~ ///' :) ',.% .% OF' t '"- CONSTANCE tR. t KLAPPE LOCA-FI 0t"4 ?tAP RECEIVED BY -6¸ C ONSTANC E 'KLAPF:::'E FL CL)TCI-IOG U '~ ,d,? LOC~TIOI'; h'~AP S~oI~: tO0 '-' I" L-)ETA'IL C (DI',IE;TAN C E Towl,,l ~'<IAP OF LAI'ql;i KL,,A PP E P-,. CL~ , CHo,oL~ E 0 LOCAT!Ot-,I ~ ,,lAP i