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HomeMy WebLinkAbout1000-103.-3-5SUFFOLK COUNTY DEPARTMENT OF Hauppau~e, New York This is to certify that the supply total of "'- ~ lots ) above dixie. These facilities rnust cdnform to constructk~ slan'~rds in effect at the time of construction. This approval ~11 be valid only tn the event said subd~vision/devel~ ~ime.n~. pl~ is. ~ly .filed with tl~e COOT~Iy Clerk within Il months of s da~. t;en~e~t Is h~'eby g~ven for the filing of this map on which this e~lmsement aopears in the Office of the County Clerk in ac~ordaoee m?,h pt*ovisimls of the Public Health Law and tl*e Suticlk ~.tO~~ental~ Aldo Andreoli P.E. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ,~.ptember 11, 1990 Scowr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Karen J. Hagen Wickham, Wickham & Bressler, P.C. Main Road P.O. Box 1424 Mattituck, New York 11952 RE: Minor Subdivision for John Beebe SCTM~ 1000-103-3-5 Dear Ms. Hagen: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 10, 1990. RESOLVED that the Southold Town Planning Board authorize the Chairman to re-endorse the final surveys dated February 27, 1990. This subdivision was conditionally approved on February 13, 1990 and endorsed on April 30, 1990. However, as the maps were not in proper form to be filed in the Office of the County Clerk, it was necessary that the maps be re-endorsed by the Chairman. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Please contact this office if you have any further questions. Very truly your s,__;,. /___~ Bennett Orlowski, Jr. Chairman Encl. PLANNING BOARD 12 SEPTEMB~ 10, 1990 Mr. Cuddy: I'll do that. I will do it immediately, I will do it tomorrow. SETTING THE NEXT PLANNING BOARD MEETING: Mr. Orlowski: Board to set Monday, October 1, 1990 at p.m. at the Southold Town Hall, Main Road, Southold as the time and place for the next regular Planning Board Meeting. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the mo ion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. OTHER: Mr. Orlowski: San Simeon - Chairman to sign Condominium Un.t Designation Map. SCTM ~ 1000-45-2-10.3. Mr. McDonald: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Planning Board of the Town of Southo±a hereby authorizes its Chairman, Bennett Orlowski, Jr., to sign the Condominium Unit Designation Map for Section I of the San Simeon Retirement Community project located on Chapel Lane in th Town of Southold. The signing of this map shall in no way be construed as an approval of the site plan submitted for the San Simeon Project. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? ~yes: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps). Mr. Orlowski: John Beebe - Chairman to endorse maps. I'll en~ ~tain that motion. PL ~ING BOARD 13 SEPTEMBEr0, 1990 Mr. Latham: I would like to offer the following motion. RESOLVED that the Southold Town Planning Board authorize the Chairman to re-endorse the final surveys dated February 27, 1990. This subdivision was conditionally approved on February 13, 1990 and endorsed on April 30, 1990. However, as the maps were not in proper form to be filed in the Office of the County Clerk, it was necessary that the maps be re-endorsed by the Chairman. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on ~ne motion? All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (Chairman re-signed maps, 3 paper and signed two mylars). Mr. Orlowski: Jody Adams - To discuss the Louise O. Day pr perty. Is Ms. Adams around here. I guess not. Mr. Orlowski: John Wickham - To discuss a subdivision pr ~osal with the board. Mr. Wickham: Chairman and members of the board. First I want to congratulate you for the expediency with which you have been conducting your business. I have had a lot of experience and seen a lot of Planning Board Meeting's and I am impressed. ~umber two, I bring to your attention the fact that I offered the development rights to the Town of Southold on a piece of a twenty-two acre parcel of land with something over six acres of up and and for their open space I believe I sent you a copy of the letter and I know you have the map and the Town of Southold has had that appraised and the appraisal came back precisely the value per acre that the DEC is giving for wetlands. Namely $3000.00 per acre. Due to the fact that this has between 800 and 1000 feet of Peconic Bay shorefront and as I said six acres of upland this is unthinkable. In order to get this thing off dead center, I have requested a sketch plan approval on a sketch plan map that Mr. VanTuyl had presented and I believe you have a copy of. This shows a minor subdivision of three lots, all of which have 80,000 square feet of land above mean high water. I would like to have my own appraiser appraise this property, but I have been told, it's a couple of years ago now, that it was worth a million dollars and that is a far cry from Toxvn Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 14, 1990 Karen J. Hagen Wickham, Wickham & Bressler, P.C. Main Rd. P.O. Box 1424 Mattituck, NY 11952 RE: Minor Subdivision of John Beebe SCTM# 1000-103-3-5 Dear Ms. Hagen: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Tuesday, February 13, 1990. WHEREAS, John Beebe is the owner of the property known and designated as SCTM9 1000-103-3-5, located at the west side of Beebe Drive, 839.37 feet south of Antler Lane in Cutchogue; and WHEREAS, this minor subdivision, to be known as John Beebe Minor Subdivision, is for 2 lots on 97,035 square feet; and WHEREAS, a variance for approval of insufficient area and width of the two proposed parcels was granted by the Zoning Board of Appeals on October 6, 1988; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review.Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on December 19, 1988; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on January 18, 1990; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps dated February 16, 1989 and authorize the Chairman to endorse the final surveys subject to fulfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution. Final maps (5 paper prints and 2 mylars) including the following: A. A current stamp of Health Department approval. A notation that a Declaration of Covenants and Restrictions has been filed, including the Liber and page number. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. Chairman 1100 09 ~ECLARATION OF coVENANTS AND RESTRICTIONS I0o0 i o 'D, DECLARATION made this ~_g~¢l day of ~l,~ , 1990, by JOHN~r'BEEBE, residing at 1750 Beebe Drive, ~tcho~e, New York, hereinafter referre~ to as ~e -Declarant"~ ~, the Declarant is ~e o~er in fee simple of a oe~ain parcel of lan~ situate at ~tch~e, To~ of ]outhold, Co~y of Suffolk and ~tate of New York, and on ~he Suffolk cowry Tax Map as District 1000, Section 10~, Block 3, ~t 5, being ~e premises describe~ in recor~e~ in the Suffolk County Clerk~s office on Au~st 1948 in Liber 2867 at Page 556, an~ ~eed recorde~ in the Suffolk Co~ty Clerk~s Office on May 27, 1960 in Liber 4816 at Page 559, a metes an~ bounds Qescription of which is sho~ on Schedule A at~ached hereto an~ ma~e a part hereof, hereinafter referre~ to as the .premises". ~E~AS, the Declarant intends to s~divide said premises for residential pu~oses an~ desires to s~Ject said pre~is~s to ce~ain conditions, oovenant~ and :ic~ions in order to preset* ~e ~axim~ open space, scenic beauty and natural vegetation and to prevent overcrowding and to conse~e ~e ground water resources of the To~ of Southold, and ~E~, the Declarant has applied to the Planning of the To~ of Southold for approval of the lubdivision of ~he premises as a Minor Subdivision, to contain not more than two (2) lots or parcels, NOW, THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth. 1. No lot line shall be changed in any manner at any future date unless authorized by the Southold Town Planning Board. 2. No lot or plot as shown and designated on the Minor Subdivision map approved by and filed with the Southold Town Planning Board shall be further subdivided. 3. No new residential or sanitary disposal facility shall be constructed or otherwise located within one hundred (100) feet of the shoreline of Eugene's Creek. 4. No stormwater runoff resulting from development and improvement of the subdivision or either of its lots shall ibe discharged into the adjoining body of water nor the tidal wetlands adjacent thereto. 5. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one o~ ~or the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 6. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, his heirs, successors and assigns~ any owner of any portion of the aforementioned premises, their heirs, successors and assigns, and the Town of Southold, and its successors and assigns, and the failure of any of the fore- going to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. IN WITNESS WHEREOF, the Declarant has hereby executed this De=larat!on of Covenants and Restrictions the day and year first above written. - 5 19 JO 11007PC096 STATE OF NEW YORK) COUNTY OF SUFFOLK) On the z_~w~ day of ~C~6~z~- , 1990, before me 9ersonally came JOHN BEEBE, to ~e k~own to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. ALL that certain plot, piece or parcel of land, situate, lying aad being at Peconic, ?ovfl of $outhold, County of Suffolk and State of New York being bound and described as follows: '~EGI~NING at a point on the westerly side of Beebe Drive distant 839.37 feet as Beasured southerly along same from the corner formed by the intersection of the westerly side of Beebe ,, Drive with the southerly side of ~ntler Lane; ,, RUNNING ?~ENCE along the vesterly side of Beebe Drive the il folloving tvo (2) courses and distances: (1) South 57 degrees 30 mnutes 00 seconds East 31.41 feet; and (2) South 17 degrees 09 minutes 30 seconds East 232.71 feet; RUNNING THENCE South 77 degrees 36 minutes 50 seconds Nes~ 320.41 f~e~ ~o the eas~erl~ ordinary high wa~er mark of Eugene's Creek; RULING T~E along ~e ordinar~ h~gh water ~rk of Eugene's Creek on a ~ie line course of Nor~ 43 degrees 24 minu~e~ 50 seconds west 290.52 leek; R~IN6 T~E Nor~ 76 degrees 43 minutes 40 seconds east 309.30 feet; : RULING ~NCE 77 degrees 27 a~nutes 40 seconds east 11~.27 feet to the vestefly s~de of Bee~ Dr~ve at ~e ~nt or place of BEGINNING. DECLARATION OF COVENANTS AND RESTRICTIONS JOHN T. BEEBE WICKHAM. WICKHAM & BRESSLER, P.C. MATTITUCK, lONG ;SI.AND NEON YORK 11952 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 1, 1990 SCOTI~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Karen Hagen Wickham, Wickham & Bressler, Main Road P.O.Box 1424 Mattituck, New York 11952 PoCo RE: Minor Subdivision of John Beebe SCTM#1000-103-3-5 Dear Mr. Hagen: Enclosed please find a copy of the map dated February 27, 1990 which was endorsed by the Chairman on April 30, 1990. The mylar maps, which were endorsed by the Chairman, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Please contact this office if you have any further questions. Encl. cc: Building Department Town Assessors Highway Department Very truly yours, Bennett Orlowski, Jr. ' / Chairman ~f SENDER: SUBJECT: SCTM#: COMMENTS: SUBMISSION WITHOUT COVER LETTER WICKHAH, WICKHAM & BRESSLER, p.e. tRAIN ROAD. P,O. BOX 142~4 April 12, 1990 Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Minor Subdivision for John Beebe SCTM #1000-103-3-5 Gentlemen: Attached are 2 mylar and 6 paper prints of the above cited map, with recent updated approvals from the Health Department. Please affix the Board's approval pursuant to the Board's letter dated February 14, 1990. Thank you. Very truly yours, Eaten J. Hagen KJH:mjb Encs. 4 LAW OFFICES WlCkhaiVl, WICKh^M & BRESSLER, p.c. MaIN ROAD, P.O, BOX 14~4 MATTITUCK, LONG ISLAND MORTGAGE OFFICE 5i(5-~98-S300 TELEFAX NO Sl6-~98-~012 February 1, 1990 Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Minor Subdivision for John Beebe SCTM #1000-103-3-5 Gentlemen: Enclosed is a copy of the recorded Covenants and Restrictions. The Liber and page number is being added to the map. Two mylar and five paper prints, with the Health Department approval will be forwarded to your office for endorsement as soon as they are ready. Very truly yours, Karen J. Hagen KJH:mjb Beebe For UNLISTED ACTIONS Only PART I ~;GjGct ;~;o,~i,,Itlon ~To be completed by Apphc&nt o¢ Prolect sDonsorl ' '°=""~"~'°' JOHN BEEBE BEEBE Subdivision Cutchoque co..,. Suffolk Applicant seeks to divide 97,000 square feet parcel into two lots with one house on each lot. No building, digging or other activity is proposed. Property is on Beebe Drive between Moose Trail and Fawn Lane. In,ttlilv 2 P1 us o ~4UlJP~d ~n~o ll~odesc,,bebr,etl~ No. Applicant is seeking a variance from existing two acre zoning becausQ parcel has been set up for two separate families for more than thirty years. ~ John Beebe, Wickhmm & Bressler. P.C. om Il the action Is In the C~ _a.g. enoy, comple.te the Coastal Aaaessma~ng with this aasesmment J OVER ~LI ATION FOR APPROVAL OF PLAT DAT~ ?LANN~NG B _.. To the Planning Board of the Town of Southold: ~'~4 J'~'x~'~'5/;~ The undersigned applicant hereby applies for (%¢l~m~,,a,,) (final)approval of a~Ei~k~]at in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Plann{ng Board, and represents and states as follows: RECEIVED BY 1. The applicant is the owner of record of the land under application. (Il the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to beX~igllroX~X~X~..ff~r..JO. HN..T....I~EEBE The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber .... 286.7. ...............Page . .~'.6 ................. On .0.8..~.0..4.8. ............. ; Llber ................ Page .............. ... On ........... ; Liber Page On. . . ' Liber ............... .. .. ... .. Page ................... . .. On .. ................ . . ... ; Liber Page On ' as devised under the Last Will and Testament of ....................................... distributee .......... The area of the land is 2.43 acres. 6. Ail taxes which are liens on the land at the date hereof have been paid ~ ............ ?. The land is encumbered by . ..N.o. ..................................................... . . .. mortgage (s) (a) Mortgage recorded in Liber .............. Page .................. in original amount o~ $ .............. unpaid amount $ ..................... hehl by ....... ............. . address ............................................. · · · ...,........... · · (b) Mortgage recorded in Liber ......... Page ....................... in original amount of .............. unpaid amount $ ..................... · held by ..................... . address .... 22. The applicant estimates that the cost of gradiog and required public improvements will be $ .......... as itemized in Schedule "E" hereto annexed and requests that thc maturity ol the performance Bond be fixed at .............. years. The PerformanCe Bond will be xvritten by a licensed surety company unless otheDvise shown on Schedule DATE March 2..0~ ................... 19. JO~N T, B.E.~[~ .............. (Name o[ Applicant) By .... ~/" ' ........... (Signl~3fire and Title) 1750 Beebe Drive, Cutchoque, NY 11935 (Address) STATE OF NEW YORK. COUNTY OF SU~F.QLK ....................... ss: 20th da of March 19 .8.7.. be[ore ,ne personally came On ~he ......... Y ................................ ' .................. J. Ql~l~. ~,. J$~.~13~ ....... to me known to be the individual described in and xvho he executed the [oregoing mstrumen , and acknowledged that executed tbe same. NOTARY PUBLIC, State of New York .............................. No. 7587450, Suffolk County Notary Public Arlene ardi Term Expires Sept. 30, 1988 STATE OF NEW YORK cOUNTY OF .- ss: On the ................ day ............ of ............... 19 ....... before me personally came tO'%~e known, ~vho being by me duly sworn did de- resides at No ......... that .............. pose and say ....... that is the . .. the corporation described in and wblcb exccntcd thc i. rcgol.g instrument; tbat ..... s tim se~l of said corporaUO ; that the seal affixed by order of the bo=rd o{ directors of said corporation. :..I dmt ............ si~ncd .............. name thereto by I[~c order. Notary Public (c) Mortgage recorded in Liber .............. Page ................ in original amount o{ .............. unpaid amount $ ...................... held by ...................... ...................... address ......................................................... 8. There are no other encumbrances or liens against the land a'~t .............. . .......... 9. The land lies in the following zoning use districts ~..-:.re$.idet~.ial/agrical-tura3- ..... 10..No part of the land lies under water ~vhether tide water, stream, pond water or otherwise, ex- 11. 12. The western edge adjoining .E..u~e..n.e.'s Creek pt .... " .......... The applicant shall at his expense install all required public improvements. The land (~ (does not) lie in a Water District or Water Supply District. Name of Dis- trict if xvi{hin a District is · 13. Water mains will be laid by ... R/A ..................................................... and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ... i~I/..~ ........................... .. ...... ..................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by ... lq./,6 .'.,.; .............................................. ':.-' and (a) (no) charge xvill be made for installing said mains. 16. If streets shown on the plat are claimed by tl%e appll,c, an,,t to be existing public streets in the Suffolk County Highway system, annex Sdhedul~ B hereto, to show same. " 17. I{ streets shoxv~ 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. Beebe Drive is in the Toxcn of Southold Highway System. 18. There are no existing buildings or structures on the land which are not located anti shoxvn on the plat. 19. Where the plat shows proposed streets which are extensions nf 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 conjunctious whh the proposed streets. L~0. In the course of these proceedings, the applicant will offer proof of title as reqnired by Sec. 335 of the Real Property Law. 21. Sub:nit a copy of proposed deed for lots showing all restrictions, covenants, ~etc. Annex- Schedule "D". O.T I 7 1988 SOUTHOLD TOWN PLANNING BOARD RECEIVED BY . gY 26 1988 DATE The N.Y.S. Environmental Quality Review Act requires s~mission of this form, and an environmental review will be made by th~s board before any action is taken. S~ORT ENVIRONMENTAL ASSESSmeNT FO~M INSTRUCTIONS= (a) In order ~o answer the questions in this short E;%F it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research Or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessmen~ Form is necessary. (c} If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment Will project result in a large physical change to the project site or physically alter more than 10 acres of land? 2. Will there be a major change to any unique or unusual land form on the site? 3. Will project alter or have a large effect on an existing body of water? Sea ~ NO Yes X NO Yes X No 4. Will project have a potentially large impact on groundwater quality? Yes X NO 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? 7. Will project result in a major adverse effect on air quality? Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the co.unity? Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical envirc~mental area by a local agency? 10. Will project have a major effect on existing or future recreational opportunities? ll. Will project result in major traffic problems or cause a major effect to existing transportation systems? 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? 13. Will project have any impact on public health or safety? 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effeo~ on the charact~ of the community or neighborhood? 1S. IS there public ~6ntrovers~ co~6Xnkng/~ project? ' ~epresenting: JOHN BF~BE Date: ZSA ~/75 / ,Yes X No Yes X No Yes X No Yes X No Yes X No Yes X NO Yes X No Yes ~ No Yes XNO Yes X NO t. '-' ""' ~ RECEIVED BY n ~. ' ..... nzneteen h~ndred ~ade the ~ -- day oJ k~, and ffo~ty-elSht, ~e~ ~ork; ~M.t~ A. O~TB~O~, resld~ et 1~ Fa~eld S~eet, Valley ~re~, ~e~ ~ork, ~d HO~IS W. G~T~WOH~, residl~ at W~tport, C~ecticut, part le~ o~ the t~rst part. an.d ~OBl~ ~. BSEB]/ and SDTTH ~. BS~U~ bls ~lfe, re~ldtn~ at 45 East ~./ncoln A~enu~, Ynlle¥ ~crem~ )/e~ Zo~k, as ten~n~ by th~ e=tlre~y, partle~ o[ the second part~ ....................... ON~ (il .00) ............. -Dolla~ lmviul money o[ the U~ted States, ~d o~-~d md v~u~le ~id~ati~, paM by t~e ~ X~ of the s~ond pa~, do ~er~y g~nt and release u~o t~e pa~ xe~ of the seco~ and assig~ tom.er, pa~, t~Xr t~t trot or ~1 ~ l~d mlt~te at P~o, ~ C~ T~ of ~ut~, ~0 ~ ~lnt ~ ~e e~terly s~e of ~e~s Cr~ at the northwardly corner of l~d of gthel G. P~e ~ o~; ~ th~ ~ l~d off gve~ll B. Tut~ll, t~ c~a~, as ffollo~c- ~ec~ 6. 89~ ~t ~" ~.- 1~.03 ff~C to a cer~tn cedar s~p; thrace elo~ ot~ l~d of ~t~l G. Price ~d other, C~ ~, u F~tc ~. ~ ~' R.- 109.~ feet to a stake et the north ~ of the ~o~; thence a~ ~d ~e of the ~o~; 8~ond: N. 88~ 39v 30" B.- 283.~0 feet to e stake at the north~st co, er · oo~; thrace T~IED: 8. 3~ ~5v B.- 1~.4 f~t to l~d off Ba~ld Price; thm~ alo~ s~d l~d ~ ~arold Prt~, N. 88~ ~ ~e W. ~ f~t to said e~t~ly shore off Eugene% C~ek; thm~ ~o~ s~d shore off said Cr~k ~ a gene~ n~v~te~ly ~rect~on, 3~ ~et, ~re or le~, to the ~lnt of b~mn~n~- Cont~n~8 3.~8 ac~s, . T~ether ~ e r~t of ~y, 15 ff~t In v~th, ~8 et the e~ off the second co~e abo~ desc~b~ ~d r~ three e~t~ly alon6 l~d of s~d grill B. ~t~ll~ 770 feet, no~ or le~, to ~le ~eck Road. Beln8 ~d lnt~d to be a ~t' ~ 'the ~1~ c~vey~ by ~1 Zen~ ~d ~el£a to Lottle C. Grath~hl, by dee~l dated l~ecember 23rd, 1955, and recorded in the ii 25, Suffolk C~nt¥- lerkls Office in llber 1854 of deed~ at p~e 68 on ~arch 24, 1936 at ~:3~ P.~., and bein~ re~l property of which Lottie C. Grathwohl d~ed seized on Febr~,~y 1940, and by her last Will end Tear.ant devised the~ pr~ses herein~efore described- to the partXea of the flrat part herein. ~O~t~with the appurtenances and ali the estate and rights of the part Xss of the ~rst part in and to said premises. ~= ~lT~.~art J. eB of the ~rst part covenant .~t--That the part les of the ~rst part and ha ve good right to convey the same, as follows: seized of the said premises in fee simple, .~,--That the part les of the second part shall quietly enjoy the said premises; the said premises are free from incumbrances; .~l)~.--That the part les of the ~r~t part will execute or procure any further necessary a~surance o.~ the ~tle to ~d ~re~ses; ~.--T~t the ~ ieB ot the ~r~ ~ fill for~er ~arrant the title to uld pte~[ ~. --T~at the gra~°r' ~n compHance ~J~ ~on 13 o~ t~e Lien Law, co~enants that the gra~or : wi~] r~ve tJe co~deradon for ~is co~e ~d w~ff ~old the right to r~e~ve ~ch co~deradon ~* a ~ [u~ to ~ appH~ Er~ for the pur~ o[ pa~ng ~e co~ of the ~mproveme~ and th~ the gra~or . ~ll apPl~ the ~me ~ to the pa~me~ o[ the co~ of the ~mprovemem before using an~ pa~ of the total of ~e ~ for an~ other ~rp~e. hand saud seals the day and yea~ ~r~t above written o! On the before me came nineteen hundred and £orL~-eigbt, to me ~nown and known to me to b~the individual s described in, and who executed, the foregoing ir~tru- me~t, and acknowledged to me th~ ~ he y exe~t~ the the ~me. ~, ~ H~A~ ~LIC in ~E ~ATE of N~ ~ · ~,..~fYER ee~Ol~ -- USiO BY LAMfYBRS ONLY. ~'~ ~ ~D~made~e 23rd dayof May ,ninet~hun~d Sixty ~ J~ BE~WN FLORA B. ~SON and ~RRY E. ~SON, residing at New Suffolk, ~t To~ of Southold, Suffolk County, New Yo~k, and WILLI~ M. BEDE, residing at Cutchogue, To~ of Southold, Suffolk County, New Yo~k, party of the first part, and ,TOHN T. BEEBE and EDITH E. BEEBE, his wife, residing at Cutchogue, Town of Southold, Suffolk County, New York, party of the second part, I~'FFNF...~/~/'lt, that the party of the first part, in consideration of_ One and 00/lO0 ........... ....................................... ........ ( hwful money of thc United S~tes, and other good and valuable considerationsp~d by the party of the second part, d~s hereby ~t and rel~se unto the .party of the second part, the heirs or · succes~rs and assi~s of the party of the second part ~rever, All. t~t cert~n plot, piece or parcel of hud, with the buildinga nd improvements ther~n er~t~, situate, lying andbeinl~g.~: at East Cutchogue,::Town of Southold, County of Suffolk, and State of New York, bounded and described as follows:- BEGINNING at an iron pipe set at the northeasterly corner of land of the party of the ~Con~ part about 771 feet westerly from the westerly line of Little Neck Road; running thence along other land of the parties of the first part, tWO courses, as follows: 1- South 57* 30~ 00" East 31.41 feet; thence 2- South 17* 09s 30~ East 166.72 feet to the northwesterly corner of land conv6yed by the parties of the second part to the parties of the first part by deed of even date herewith; thence along other land of the parties of the second part, two courses, a-~ follows: 1- South 76~ 15~ -2- North 11~ 56' 00" West 37.63 feet; thence 30" West 189.22 feet to the point of beginning. Containing about one-tenth (1/10) of an acre. TOGETHER with'a right 6f way along the easterly line of the premises, the easterly line of said right of way beginning 5'0 feet easterly from the southeas'tezly corner of the' premises and r~nning thence North 17° 09s 30" West about 190 feet to land formerly of Wilson Tuthill. ~righ of way 35 feet in width from the northwesterly corner of the premises easterly about 771 feet to Little Neck Road 0ver~'land'forme~ly bf s~id Wilson Tuthill. THE PARTIES of the firs't part, however, reserve the right to dedicate both rights of Way immediately above mentioned to the Town of Southold fo~ :highway purposes. ~/~-~. ~_ith all right, title and interest, i£ an)-, of the party of the first part in and to an), streets and ~s abutting the above" described premises to the center lines thereo[ TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the prenfises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. JM~l) 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 the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN YVITNF~ WHF..R~OF, the party of the first part has duly executed this deed the day and year first above ,,r.s,zcce or: ~_~a B. Mason Harry~ ~. Ma.s or~ Wxlllmv~ M. Beebo S~ATE 01;' ~ YORK:~. ON this ~Y~day of May , 1960 before me personally came FLORA B. MASON, HARRY E. MASON and WILLIAM M. BEEBE, to me known to be the, individuals dgscribed in an%P'who executed the fore- going instrument and acknowl~e'dge~,th.a~ th~o execut~e~ the same. RECORDED PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. EchNards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYork 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 19, 1995 Wickham, Wickham & Bressler, P.C. P.O. Box 1424 Mattituck, NY 11952 Re: Minor subdivision for John Beebe SCTM# 1000-103-3-5 Dear Sir or Madam: The final maps for the above mentioned subdivision were endorsed on April 30, 1990. The mylar maps were to be filed in the office of the County Clerk within sixty (60) days of the date of endorsement. The Board's records do not show whether the maps were filed with the County Clerk. If, indeed, the maps were filed, please supply this office with a copy of the filed map. If the maps were not filed, please indicate in writing the reasons for this omission. Upon submission of the information requested above, the Board will make a determination as to the status of the approval. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman Complete ~ppiication received Application reviewed at work session MINOR SUBDIVISION (NO ROAD) I o//? [~t,~ Applicant advised of necessary revisions Revised submission received Sketch plan approval -with conditions Lead Agency Coordination SEQRA determination Sent to Fire Commissioner Receipt of firewell location Notification to applicant to include on final map Sent to County Planning Commission Review of SCPC report Final Public tIearing Approval of subdivision Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Receipt of mylars and paper prints with Health approval -with conditions Endorsement of sub division SUBMI~SIO~ WITHOUT COVER LETTER SENDER: SUBJECT: SCTM#: COMMENTS: Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 19, 1990 Karen Hagen Wickham, Wickham & Bressler, P.C. Main Road, P.O. Box 1424 Mattituck, NY 11952 RE: Minor Subdivision John Beebe SCTM# 1000-103-3-5 Dear Ms. Hagen: The following took place at the meeting of the Southold Town Planning Board on Thursday, January 18, 1990. The final public hearing, which was held at 7:30 p.m., was closed. Please note that the Covenants and Restrictions must be filed prior to endorsement of the map by the Chairman. In addition, the Liber and Page Number of the filed document must be noted on the final maps. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman MS/hp Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OFSOUTHOLD SOUTHOLD TOWN PLANNING BOARD MINUTES JANUARY 18, 1990 SCOTT L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-180C Present were: Bennett Orlowski, Jr., Chairman Member G. Richie Latham Member Richard Ward Member Kenneth Edwards Member Mark McDonald Melissa Spiro, Planner Valerie Scopaz, Town Planner Jane Rousseau, Temporary Secretary PUBLIC HEARINGS Subdivisions - Final: Mr. Orlowski: Good evening, subdivision is on 97,035 sq. SCTM 1000-103-3-5. 7:30 p.m. John Beebe - This minor ft. located at Cutchogue. Mr. Orlowski: We have proof of publication in the Suffolk Times and the Long Island Traveler Watchman. At this time everything is in order for a public hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Karen Hagen: I'm from Wickham, Wickham and Bressler and I've been advised by Melissa that the Health'Department maps have been stamped and are now in your possession. The Covenants and Restrictions which were also approved by the board are now ready for being recorded at the County Clerk's Office. I think everything should be in order at this time for an approval. Mr. Orlowski: Any other endorsements of this subdivision? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this subdivision that may be of interest to the board? Hearing none, any questions from the board? PLANNING BOARD 2 ~ANUARY 18, 1990 Board: Mr. Orlowski: closed. No questions. No further questions, I'll declare this hearing Mr. Orlowski: I'll entertain a motion to hold the next Planning Board Meeting on Tuesday, February 13, 1990 at 7:30 p.m. at Southold Town Hall. Mr. Edwards: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Ward, Mr. McDonald Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: I'll also entertain a motion to approve the minutes of November 20th, 1989. Mr. Orlowski: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. Edwards, Mr. McDonald, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: 7:35 p.m. - RitaBrown - This minor subdivision is on 12.506 acres located at Mattituck. SCTM 91000-94-3-1.3. Mr. Orlowski: We have proof of publication in both local papers. At this time everything is in order for a final hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Donald McGayhe: I'm public council to Edson and Bruer. I believe the application is complete and everything is in order. 6527-1TD21 LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town L~w, a public hearing will be held by the Southold Town Planning Board, at the Town HaH, M~in Road, Southold, New York in said Town on the lSth day of Sanuary, 1990 on the question of the following: 7:30 p.m. Final aid-oval of the minor subdivisio~%f lohn. Bee~ C~nty of Suffolk and the State of New York. Suffolk Coumy Tax Map Numar 1~0-103-3-5. ~e pr~ny is ~e~d ~ the noah by land now or fo~efly of Drive: ~ ~e ~ou~ by land now or fo~erly of the Town of Southold; on ~e west by Eugene~ C~ek. 7:35 p.m. F~I ~roval of th~ m~jor subdi~d~ of Rim Brown, C~nty of Suffolk and State of New York. Suffolk County Tax M~p Number 1~94-3-1.3.- no~ by land now or fo~erly of Brown; on the east by Orego~ or fo~efly of Rowehl; on the. northwest by land now ov fo~efly of ~n~ec 7:40 p.m. F~al a~roval of the minor subdivlalon of ~ame~ Bailey, located at ~e Town of Lerner, by land now or formerly of Heritage llarbor, on the south by land now or formerly Heritage Ha~boc. on the we~t by land now or formedy of Blanche George, by land now or formerly of Michael Caraffis. 7:50 p.m, Final approval of the major subdivision of llenry Arbeeny. located at the Town of Southold, County of Suffolk and State of New York. Suffolk County Tax Map Number 1000- 59-7.31. Thc property is bordered on thre north by Kenney's Road; on the east by Middle Road: on the south by land now or formerly of Perotti: on the west by land now or formerly of D.R. Grattan, by land now or formerly of Kennewood. ~,~ ' 7:55~. Public hearing on the proposal to amend Chapter AI06-26A. of the Subdivision Regulations as follows: Final approval and filing. Upon completion of the above r~quir~ments and notation to that effect upon the final plan, it shall be deemed to have final approval, and the plan shall bo Southold, County of Suffolk and properly signed by the appro- · ~ ~' priate office of the Planning State of New York. Suffolk { County Tax Map Number 1000- Board and shall be filed by the 12-2-6.10. applicant in the office of the north by land now or formerly o~;~.i~-'~'~filcd or ~cordcd within thirty formerly of Russell E. & Ruth F. planltzcr; on the east by land now or formerly of Jack, Rivers on the south by Block Island Sound: o~ the west by Jansen Noyes. Jr. . 7:45 p.m. Final approval of the minor subdivision of Adam Associates. located at the Town of. Southold. County of Suffolk and. State of New York. Suffolk County Tax Map Number 1000- 113-12-10. The property is bordered on th~ norlh by Middle Road, by land now or formerly of Fusaro, by land now or formerly of Dominie Princlpi, by land now or formerly by land now or formerly of Sadl STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Patricia Heaney of Mattltuck, In said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is e printed copy, has been regularly published in said Newspaper once each week for I weeks successively, commencing on the 71 ;'c. . day of Clerk ~j~¥ (60~ days of thc date :' 'nwh,,h,,cbfina, p,a,i, approved or considered ap- proved by reasons of failure of ~e Planning Board to act shall ~c~e hUH and ~id. Any ~n~ desiring to ~ ~ard ~ ~e a~ve maucr should appear at ~ time and pla~ s~cified. Dated: Decker 19, 1989 BY ORD~ OF p~G ~ B~t f OR~WS~ ~ 6528-1~21 DEC26 1989 SOUTHO! 0 TOV~H IARY K. DI~IIIINI,%G ~OVi~ Tern', Expires F,~b~ua~l~'~ LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that ~0ursuant to Section 276 of the Town Law, a public hearirtg will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 18th day of January, 1990 on the question of the following: 7:30 p.m. Final approval of the minor subdivision of John Beebe located at the Town of Southold, County of Suffolk and the State of New York. Suf- folk County ~ Map Number 1000-103-3-5. The property is bordered on the North by ltand now or formerly of Manning; c~n the east by Beebe Drive; on the south by land now or formerly' of the Town of Southold; on the west by Eugene's Creek. 7:35 p.m. Final approval of the major subdivision of Rim Brown, located atthe Town of Southold, County of Suffolk and State of New york. Suffolk County Tax MaP Number 1000-94-3-1.3. The property is bordered on the north by land now or formerly of Brown; on the east by Oregon Road; on the south by land now or formerly of Rowehl; on the north west by land now or formerly of Lenzner. 7:40 p.m. Final approval of the minor subdivision of James Bailey, located at the Town of Sonthold, County of Suffolk and State of New York. Suffolk County Tax Map Number 1000-12-2-6.10. The property is bordered on the north by land now or for- merly of Estate of John P. Pic- kett, now or formerly of Russell E. & Ruth F. Planitzer; on the east by land now or formerly of Jack Rivers, on the south by Block Island Sound; on the west by Jansen Noyes, Jr. 7:45 p.m. Final approval of the minor subdivision of Adam Associates, located at the Town of Southold, County of Suffolk and State of New York. Suffolk County Tax Map Number 1000-113-12-10. The property is bordered on thc north by Middle Road, by land now or formerly of Fnsaro, by land now or formerly of Dominic Principi, by land now o~r formerly of Fabrizio Gentile; on the eas~ by land now or formerly of Saul Lerner, by land now or formerly of Heritage Harbor; on the south by land now or forn~erly of Heritage Harbor~ on the west by land now or formerly of Blanche George, by land !)~ow or formerly of Michael Caraftis. 7:50 p.m. Final approval of the major subdivision of He. pry Arbceny, located at the TOWfi of Southold, County of ~3uff01k and State of New York. Suffolk County Tax Map Number 1000-59-%31. The property is bordered on the north by Kenney's Road; on the east by Middle Road; on the south by land now or formciCly of Perotti; on thc west by land now or formerly oT D.R. Grat- tan, by land now or formerly of Kennewood. 7:55 p.m. Public hearing on the proposal to am~end Chapter A106-26A. of the Subdivision Regulations as follows: Final approval and filing. Upon completion of the above requirement~ and notation to that effect upon the final plan, it shall be deemed to have final approval, and thc plan shall be properly signed by the appro- priate office of the Planning Board and ~hall be filed by thc applicant in the office of the~ County Clerk. Any plat not so filed or recorded within thirty (30) sixty (60) days of ~he date upon which such final plat is ap- .proved or considered approved by reasons of failure of the Plan- ning Board to act shall become null and void. Any person desiring to be heard on the above matter shoald appear at the time and place specified. Dated: December 19, 1989 BY ORDER OF THE SOLFFHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI JR. CHAIRMAN IX, 12/21/89 (6) DEC 2 6 1989 PLAN~., W~LLIAM WICKHAM ABIGAIL A WICKBAM DANIEL C ROSS HUBERT F SULLIVAN LAW OFFICES WlCKHAM, WICKHAiVl & BF~ESSLER, MAIN ROAD, PO BOX 1424 MATTITUCK, LONG ISLAND NEW YORK II952 MORTGAGE OFF,Ce 51(~ 298-5300 TELEFAX NO 516-298-2012 December 18, 1989 Southold Town Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Minor Subdivison for John Beebe SCTM # 1000-103-3-5 Gentlemen: Enclosed is an amended draft of the Covenants and Restrictions for the above cited subdivision. Please advise if these are approved so they may be signed and recorded. Very truly yours, Karen Hagen KH: jaw Enc. DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of , 1989, by JOHN BEEBE, residing at 1750 Beebe Drive, Cutchogue, New York, hereinafter referred to as the "Declarant"; WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate at Cutchogue, Town of Southold, County of Suffolk and State of New York, and designated on the Suffolk County Tax Map as District 1000, Section 103, Block 3, Lot 5, being the premises described in deed recorded in the Suffolk County Clerk's Office on August 30, 1948 in Liber 2867 at Page 556, and deed recorded in the Suffolk County Clerk's office on May 27, 1960 in Liber 4816 at Page 559, a metes and bounds description of which is shown on Schedule A attached hereto and made a part hereof, hereinafter referred to as the "premises". WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegetation and to prevent overcrowding and to conserve the ground water resources of the Town of Southold, and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval of the subdivision of the premises as a Minor Subdivision, to contain not more than two (2) lots or parcels, NOW, THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth. 1. No lot line shall be changed in any manner at any future date unless authorized by the Southold Town Planning Board. 2. No lot or plot as shown and designated on the Minor Subdivision map approved by and filed with the Southold Town Planning Board shall be further subdivided. 3. No new residential or sanitary disposal facility shall be constructed or otherwise located within one hundred (100) feet of the shoreline of Eugene's C~. 4. No stormwater runoff resulting from development and improvement of the subdivision or either of its lots shall be discharged into the adjoining body of water nor the tidal wetlands adjacent thereto. 5. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board or the Planning Board of the Town of Southold after a PUblic hearing. Adjoining prOperty OWners shall be entitled to notice of SUch public hearing but their COnsent to SUch modification shall not be required' 6. That all of the Covenants, conditions and restrictions COntained herein Shall be construed as real COVenants running With the land and Shall continue and remain in full force and effect at all times as against the OWner of the Premises or any portion thereof in perpetuity. Said COvenants, conditions and restrictions shall be binding Upon, inure to the benefit of and be enforceable by the Declarant, ~ heirs, SUCCessors and assigns; any OWner of any Port/on of the aforementioned premises, their heirs, SUCcessors and assigns, and the Town of SOUthold, and its SUCcessors and assigns, and the failure of any of the fore- going to enforce any of SUch COvenants, conditions and restrictions shall in no event be deemed a Waiver of the right to do so thereafter. IN WITNEss WHEREOF, the Declarant has hereby executed this Declaration of Covenants and Restrictions the day and Year first above written. STATE OF NEW YORK) COUNTy OF SUFFoLK~ ss: On the day of me Personally came JOHN BEEBE, to me known to be the · 1988, before ~ndividual described in and who executed the foregoing instrument, and acknowledged that he executed the same. NOTARy PUBLIC DESCRIPTION: ALL that cer plot, ~ece or parcel of nd, situate, lying and being at Peconic, wn of Southold, County of Suffolk and State of New York being bound and described as follows: '~EGINNING at a point on the westerly side of Beebe Drive distant 839.37 feet as measured southerly along same from the corner formed by the intersection of the westerly side of Beebe Drive with the southerly side of Antler Lane; RUNNING T~ENCE along the westerly side of Beebe Drive the following two (2) courses and distances: (1) South 57 degrees 30 minutes 00 seconds East 31.41 feet; and (2) South 17 degrees 09 minutes 30 seconds East 232.71 feet; RUNNING THENCE South 77 degrees 36 minutes 50 seconds West 320.41 feet to the easterly ordinary high water mark of Eugene's Creek; RUNNING THENCE along the ordinary high water mark of Eugene's Creek on a tie line course of North 43 degrees 24 minute~ 50 seconds west 290.52 feet; RUNNING THENCE North 76 degrees 43 minutes 40 seconds east 309.30 feet; RUNNING THENCE 77 degrees 27 minutes 40 seconds east 119.27 feet to the westerly side of Beebe Drive at the point or place of BEGINNING. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 19, 1989 Karen Hagen Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, NY 11952 RE: John Beebe SCTM 01000-103-3-5 Dear Mrs. Hagen: The following action was taken by the $outhold Town Planning Board on Monday, December 18, 1989. RESOLVED that the Southold Town Planning Board set Thursday, January 18, 1990 at 7:30 p.m. for a public hearing on the final maps dated February 16, 1989. If you have any questions, please do not hesitate to contact this office. f.V. ery truly yours, ,.. ,:- ,. / ,, .,,// .,- / &~ Bennett Orlowski, Jr. ~-~ Chairman jt I~tANNIN~ ~O~[~D Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PL~N~G BOARD OFFICE TO~ OF SOUIHOLD November 21, 1989 Karen Hagen Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, NY 11952 RE: John Beebe SCTM ~1000-103-3-5 Dear Mrs. Hagen: The following action was taken by the Southold Town Planning Board on Monday, November 20, 1989. RESOLVED that the Southold Town Planning Board grant an extension of sketch approval from November 1, 1989 to May 1, 1990. It was noted at the meeting that this is the second extension and is the final extension for this subdivision. Final submission must contain two mylars and five paper prints, all stamped with Health Department approval. If you have any questions, please do not hesitate to contact this office. Very truly yours, .~ Bennett Orlowski, Jr. J:'~ Chairman jt WILLIAM WICKHAM ABIGAIL A WICKHAM 1AW OFFICES WICKHAM, WICKHAM ~ BRESSLER, P.c. MAIN rOaD. P.O BOX 1424 MATtlTUCK, LONG ISLAND NEW YORK II95~ MORTGAGE OFFICE 516-298-5300 TELEfAX NO 516-298 2012 October 18, 1989 Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: John Beebe SCTM #1000-103-3-5 Gentlemen: A six month extension on sketch approval was granted May 1, 1989, and is due to expire on November 1, 1989. The Health Department requires Covenants and Restrictions which have been approved, and which are in the process of being recorded at the County Clerk's Office. We have been advised that this is the final step which the Health Department will require, and expect approval within the next month or two. We respectfully, request an extension of the Planning Board's sketch approval for a period of three months. Please advise. Very truly yours, Karen J. Hagen KJH:mjb Beebe Town Hall, 53095 Main Road P.O. Box 1179 Southold. Nexv York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Jay Schondebare, Town Attorney FROM: Melissa Spiro, Planning Staff ~ DATE: September 29, 1989 RE: John Beebe SC~q9 1000-103-3-5 Enclosed please find a copy of the Covenants and Restrictions for the above mentioned subdivision for your legal review. All requests by the Planning Board have been met. WILLIAM WICKHAM ERIC ~1. BRESSLER ABIGAIL A. WICKHAM DANIEL C. ROSS KAREN ~ HAGEN hUBERT F. SULLIVAN LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD, P.O. BOX I424 maTTITUCK. LONG ISLAND NEW YORK ~I952 516-298-8353 MORTGAGE OFFICE 516-298-5300 September ~8, 1989 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 SEP 9 198.9 Re: John Beebe SCTM 1000-103-3-5 Gentlemen: Enclosed is the draft Declaration of Covenants and Restrictions, submitted for the Board's Review. Upon the Board's approval, the Declaration will be duly recorded. Very truly yours, Karen J. Hagen KJH:mjb Enc. 29-beebe SEP 2 9 DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of , 1989~ by JOH~ BEEBE, residing at 1750 Beebe Drive, Cutchogue, New York, hereinafter referred to as the "Declarant"; WHEREAS, the Declarant is the owner in fee simple of a certain pa~bel of land situate at Cutchogue, Town of Southold, County of Suffolk and State of New York, being the premises described in deed recorded in the Suffolk County Clerk's Office on August 30, 1948 in Liber 2867 at page 556, and deed recorded in the Suffolk County Clerk's office on May 27, 1960 in Liber 4816 at Page 559, a metes and bounds description of which is shown on Schedule A attached hereto and made a part hereof, hereinafter referred to as the "premises". NOW, THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth. ARTICLE I: No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. ARTICLE II: Neither of the lots in the aforesaid subdivision shall be further subdivided. ARTICLE III: No new residential or sanitary disposal facility shall be constructed or otherwise located within one hundred (100) feet of the shoreline of Eugene's Creek. ARTICLE IV: No stormwater runoff resulting from development and improvement of the subdivision or either of its lots shall be discharged into the adjoining body of water nor the tidal wetlands adjacent thereto. ARTICLE V: These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board or the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has hereby executed this Declaration of Covenants and Restrictions the day and year first above written. STATEr'OF-NEW YORK) ) COUNTY OF SUFFOLK) ss: JOHN BEEBE On the day of , 1989, before me personally came JOHN BEEBE, to me known to be the individual described in and who executed the foregoing instrument, and ~knowledged that he executed the same. 21-Beebe NOTARY PUBLIC DESCRIPTION: A M E Title No. S-1~4787-SS N D E D ALL that certain plot, piece or parcel of land, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York being bound and described as follows: 'BEGINNING at a point on the westerly side of Beebe Drive distant 839.37 feet as measured southerly along same from the corner formed by the intersection of the westerly side of Beebe Drive with the southerly side of Antler Lane; RUNNING ~NCE along the westerly side of Beebe Drive the following two (2) courses and distances: (1) South 57 degrees 30 minutes 00 seconds East 31.41 feet; and (2) South 17 degrees 09 minutes 30 seconds East 232.71 feet; RUNNING THENCE South 77 degrees 36 minutes 50 seconds West 320.41 feet to the easterly ordinary high water mark of Eugene's Creek; RUNNING THENCE along the ordinary high water mark of Eugene's Creek on a tie line course of North 43 degrees 24 minutes 50 seconds west 290.52 feet; RUNNING THENCE North 76 degrees 43 minutes 40 seconds east 309.30 feet; RUNNING THENCE 77 degrees 27 minutes 40 seconds east 119.27 feet to the westerly side of Beebe Drive at the point or place of BEGINNING. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PL~N~G BOARD OFFICE TO~ OF SOUIHOLD ~ay ~ 1989 Karen J. Hagen Wickham, Wickham, & Bressler P.O. Box 1424 Matti~uck, NY ]~952 RE: John Beebe SCTM #1000-103-3-5 Dear Mrs. Hagen: The following action was taken by the Southold Town Planning Board on Monday, May 1, 1989. RESOLVED that the Southold Town Planning Board grant an extension on sketch approval from May 1, 1989 to November 1, 1989. If you have any questions, please do not hesitate to contact this office. truly your~s ,~, /'~ /~ ~ BE~ETT ORLOWSKI, ~. C~I~ jt W~ LLIA~4 WIC~HAM ER~C J B~ESSLER ABIGAIL A WICKHAM DANIEL C ROSS LAW OFFICES WICKHAM, WICKHAM & BRE$SLER, p.c. MAIN ROAD, P.O, BOX 14~4 ~4ATTITUCK, LONG ISLAND NEW YORK II952 April 26, 1989 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Minor Subdivision for John Beebe SCTM #1000-103-3-5 Gentlemen: Preliminary approval was granted for this minor subdivision on October 31, 1988, and is scheduled to expire May 1, 1989. There have been some delays in obtaining approval from the Health Department. We respectfully request an extension of the Planning Boards's preliminary approval for a period of six months. Please advise. Very truly yours, Karen J. Hagen v~=. j aw Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 11, 1989 Karen Stretz Wickham, Wickham, & Bressler P.O. Box 1424 Mattituck, NY 11952 RE: John Beebe SCTM 91000-103-3-5 Dear Ms. Stretz: The following action was taken by the Southold Town Planning Board on Monday, January 9, 1989. RESOLVED that the Southold Town Planning Board accept and request compliance with numbers 1,2,4,5,6,7 and override number 3 of the Suffolk County Planning Commission report. The Planning Board feels that there is no need to change the alignment of Beebe Drive, because it is in keeping with the area. Please note that the final maps must say minor subdivision, not set-off. If you have any questions, please do not hesitate to contact this office. cc: SCPC jt DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G, HALPIN SUFFOLK COUNTY EXECUTIVE LEE E. KOPPELMAN DIRECTOR OF PLANNING December 22, 1988 Mrs. Yalerie Scopaz, Town Planner Planning Board Office Town of Southold Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Re: Minor Subdivision - John Beebe Southwesterly side of Beebe Drive 839.27 feet southeasterly from Antler Drive, Cutchogue, New York. Dear Mrs. Scopaz: In reference to your letter of December 20, 1988, relative to the definition of "shoreline" please be advised that the following is used by the Suffolk County Planning Co~nission: Shoreline Boundary The boundary of the Atlantic Ocean, Long Island Sound, any bay in Suffolk County or estuary of any of the foregoing bodies of water shall be taken as the line of mean high water and which line shall also be considered the uppermost limit of a stream, creek, river, or other body of water where the sea water is measurable diluted with fresh water. It should be noted that when the Planning Commission reviews a proposed subdivision it usually requires a 100 foot setback from the shoreline. Where there is a definite bank or bulkhead the setback is established from those features. Where there are tidal wetlands bordering the property or extending into the property the setback is to be taken from the upland edge of the wetlands. Unfortunately, the proposed map of the subdivision did not show whether there are any wetlands adjacent to or within the property. It is our understanding that there are tidal wetlands within the parcel. If this is correct then the 100 foot setback should be measured from the upland edge of those wetlands. VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I., NEW YORK 11788 Minor Subdivision - John Beebe Page 2 To further clarify Planning Commission policy on this matter, I have enclosed a copy of a page taken from "Informational Bulletin No. 8, Section X - Con~nission Policies and Guidelines Relative to Subdivision of Land". File: S-SD-88-17 CGL:mb Enclosure Very truly yours, Charles G. Lind, Chief Planner Subdivision Review Division r°vid~d -'iVat~ e of ~:1 ts. com~non access structure is to be located on or near a common lot line and is to be shared by the two adjoining lot owners. A primary dune should not be disturbed in any manner by construction, clearing of vegetation, or ~rading, especially the grading or altering of the dune that is done 'to provide a view of the sea. Locations en tidal stream~, rivers, wetlands, and other tidal bodies in the area. ~.t of t feet the No residential structure should be located within 100 feet of any stream, river, creek or any other tidal body and the meadow areas bordering such bodies of water. Where the property fronts on a body of water that is considered not to be an open body of water the setback may be 75 feet. The setback for a structure on a bulkheaded canal, however, may be the minimum required by the zoning code. imary gned No sanitary disposal facility should be constructed or installed within 100 feet of the mean high water line of a tidal body or within 100 feet of the upland edge of tidal meadows. ess ~ould Any tree that is located within 100 feet of the mean high water line or within 100 feet of the upland edge of a tidal meadow, whichever distance is the greater, having a diameter greater than 6 inches, when measured at a height of 4 feet above the ground, and having a height that is greater than 30 feet should not be removed without the written permission of the Town or Village, as the case may be. Permission should not be required for the removal of dead, diseased or storm damaged trees when such removal is necessary for reasons of safety, to control the spread of the disease, or to control obnoxius plant growth, such as catbriar, ivy and wild grape, etc., ~hat can be detrimental to existing vegetation. A conservation buffer or easement having a minimum width of 50 feet and preferably a width of 100 feet should be established over that portion of land adjacent to .any body of water and any tidal wetland area. The area within the buffer or easement should remain in its natural state. However, dead, diseased, and storm damaged trees and vegetation may be removed for reasons of safety, to control the spread of the disease, or to control obnoxious plant growth, such as catbriar, that can be detrimental to existing vegetation. 4. General Where the design of the subdivision, in view of the shoreline erosion problem, limits the relocation of the proposad residences back from the top of the bluff in the future, and that this limitation may result in hardship in the future, the subdivider Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 20, 1988 Charles Lind, Chief Planner Subidivision Review Division Veterans Memorial Highway Hauppauge, NY 11788 Dear Mr. Lind: RE: Your letter of December 9, 1988 regarding minor subdivision of John Beebe File: S-SD-88-17 SCTM 91000-103-3-5 Condition number 4 in the above referenced letter needs to be clarified. What is meant by term "Shoreline"? Is the term intended to include all wetlands as difined by Section 97 of the Southold Town Code? Or is it limited to the edge of the shore at the mean high water mark? Thank you for your consideration. Very truly yours, Valerie Scopaz~ ~ Town Planner - VS/jt Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 20, 1988 Karen Stretz Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, NY 11952 Dear Ms. Stretz: RE: John Beebe SCTM 91000-103-3-5 The following action was taken by the Southold Town Planning Board on Monday, December 19, 1988. RESOLVED that the Southold Town Planning Board make a determination under the State Environmental Quality Review Act of non-significance. If you have any questions, please do not hesitate to contact this office. ~ery truly yours, :':.' / /'/ /y // .>' .~-:: ,---.,~ //./ /.,,f, ..-/ , ,'";:.::'2//tj".j4'>'~,.,.~--.-c~ .-"1 BENNETT ORLOWSKI, JR. CHAIRMAN enc. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 12/22/88 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR part 617, Section 617, Section 617.10 and chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for this unlisted action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of John Beebe located on Beebe Drive at Cutchogue is for two lots on 97,035 sq. ft. SCTM 91000-103-3-5. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correspondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. Further information can be obtained by contacting Jill M. Thorp, Secretary Southold Town Planning Board, Main Road, Southold, NY 11971. Copies mailed to the following: Suffolk County Department of Health Services Suffolk county Planning Commission NYS Department of Environmental Conservation Thomas C. Jorling, DEC Commissioner Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE OECI 4 BBB SOUTHOLD TOWN PLANN!NG BOAF~D DEPARTMENT OF PLANNING LEE E. KOPPELMAN DIRECTOR OF PLANNING December 9, 1988 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision - John Beebe Southwesterly side of Beebe Drive 839.37 feet southeasterly from Antler Lane, Cutchogue, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on December 7, 1988 reviewed the proposed subdivision plat, entitled, "Minor Subdivision - John Beebe" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following seven conditions that are deemed necessary to help preserve the natural and aesthetic attributes of the shoreline of Eugene's Creek and the tidal wetlands adjacent thereto. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. To insure that there will not be any attempt to subdivide either or both lots in the future each lot shall be subject to a restriction prohibiting future subdivision. The alignment of Beebe Drive shall be improved by the use of a large radius curve in place of the angular bend. This improvement will bring the alignment of the road up to modern standards and will enhance the streetscape. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the shoreline of Eugene's Creek. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining body of water nor the tidal wetlands adjacent thereto. o Conditions 1, 2, 4 & 5, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L,I,, NEW YORK 1178B Minor Subdivision - John Beebe Page 2 These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Board or Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map for your use and consideration: It is suggested that before approval is granted to this subdivision that the subdivider be required to submit this proposal to the Suffolk County Department of Health Services for review to insure that the proposed subdivision will meet the requirements and standards of that agency. The map of this minor subdivision should be filed in the office of the County Clerk. This is to insure the validity of the subdivision map and that the subdivision map will be available to the general public in a central office of official records. Very truly yours, Lee E. Koppelman Director of Planning File: S-SD-88-17 CGL:mb Encl.: Map Charles G. Lind, Chief Planner Subdivision Review Division cc: R. Villa, P.E., SCDHS Town Hall, 53095 Main Road P.O. Box ! 179 Southold, New York 11971 TELEPHONE (S16)'/65-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: (Map of) (Minor Subdivision) ~4~n ~ Hamlet C~c~¢~ Tax Parcel Identifier No. IC3~ r {~$ ~ Material Submitted: Minor Subdivision - Class A(3 copies) Cl&ss B (2 copies) Major Subdivision (3 Copies) Preliminary Map (1 copy) ; TopograLnic 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) Waiver of Subdivision Requirements - See attached sheet Very truly yours, Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 1, 1988 Karen Stretz Wickham, Wickham & Bressler P.O. Box 1424 Mattituck, NY 11952 RE: Proposed minor subdivision of John Beebe Dear Ms. Stretz: The following actions were taken by the Southold Town Planning Board on Monday, October 31, 1988. RESOLVED that the Southold Town Planning Board grant sketch approval for this minor subdivision, survey dated as amended August 19, 1986, subject to the final maps saying minor subdivision, not set-off. RESOLVED that the Southold Town Planning Board start the Coordination process on this unlisted action. The Board assumes lead agency status and in that capacity has made an initial determination of non-significance. Sketch plan approval is conditional upon submission of final maps within six months of sketch approval, unless an extension of time is granted by the Planning Board. · If you have any questions, please do not hesitate to contact this office. Very truly yours, . CHAIRMAN enc. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE ($16) 765 q 938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 1, 1988 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. your jurisdiction'in the action described below; 2. your interest in assUming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you~-in your response. Project Name: Requested Action: Minor subdivision of John Beebe SCTM #1000-103-3-5 Two 48,000± sq. ft. lots on ~ total of 97,035± sq.ft, bordered on ~hga~es~ Dy Eugene's creek and on the east by Beebe Drive. SE___QRA Classification: Type I Unlisted Contact Person: Jill M. Thorp 516-765-1938 The lead agency will determine the need for an environmental impact Statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: [~ This agency wishes to assume lead agency status for this action. [. ] This agency has no objection to your agency assuming lead agency status for this action. [ ] Other. (See comments below) Comments: Please feel free to contact this office for further information. CC: q~ar~ cf Appea~l~s ~Board of Trustees ~Bu~ld~g--Depa~ment ~South~td~T~wa--Bo~r~ ffolk County Dept. SDEC- Stony Brook SDEC- Albany BENNETT ORLOWSKI, JR. ~ CHAIRMAN of Health Services _~ C:--Dept. of~b t~r~ks _U. S. ~ Army-~o~p -o~Eng-ine~r~ _N. ¥. S · - ~Dep~--of ~ranspor ~tion * Maps are enclosed for your review _ Coordinating agencies WlCKHAM, WlCKHAM & BRESSLER. P.C, MAIN F~OAD, PO BOX 1424 MATT~TUC~ LONG ISLAND NEW YORK 11952 October 12, 1988 516 298-8353 p , Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Gentlemen: Application for Minor Subdivision for John Beebe Enclosed are the following in connection with the above application: 1. Check in the amount of $550.00, representing the application fee. 2. Six (6) prints of the survey. 3. Application for Approval of Plat, in duplicate. 4. Letter to Planning Board for consideration. 5. Short Environmental Assessment form. 6. Copies of Deeds. 7. Authorization letter. 8. Copy of Board of Appeals approval. If there is anything further needed, please contact us. Very truly yours, Karen J. Stretz KJS:amm enc. MORTGAGE OF-ViCE RECEIVED BY DAI~ March ~q~ , 1988 To Whom It May Concern: This letter is to confirm that Wickham, Wickham & Bressler, P.C. is authorized to act on my behalf for the subdivision of my property at Beebe Drive, Cutchogue, Suffolk County Tax Map # I000-103-03-P/O 5, into two parcels, and is authorized to communicate with the Department of Environmental Conserva- tion, Suffolk County Department of Health Services, Zoning Board of Appeals of the Town of Southold and the Southold Town Planning Board, and to do related acts necessary for the subdivision of said property. Jo~ Bei~be % f' ...~I~?._._~__~.~___~.EDR APPROVAL OF PLAT ..... - To the Planning' Board of the Town of Southold: The undersigned applicant hereby applies [or (~'lt~ld'~'~ (final) approval o{ a :Ktlildilli.Oi~Xplat in accordance with Article 16 of the Town Law and the Rules and Regnlations of the Southold Town Planning Board, and represents and states as [ollo~vs: 1. The applicant is the owner o[ record o[ the land under application. (H the applicant is not the o~vner o{ 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 beX~6,~l~i~tfi~~..f.or..J0/IN..T... 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 folloxvs: Liber .... 286.7 ................ Page ..~5~6. ................ On .0.8...39..4.8. ............. ; Liber .............. Page . ............. .. On ..... Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... as devised under the Last Will and Testament of ....................................... or as dlstrlbutee ..................................................... 5. The area of the land is ....2.:4..3 .......... acres. 6. All taxes which are liens on the land at the date hereof have been paid 41~.c,g~t ............ 7.The land is encumbered by . ..N.o. ......................................................... mortgage (s) x~x (a) Mortgage recorded in Liber .............. Page .................. in original amonnt of $ .............. unpaid amount $ ..................... hebl 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 agaiost the land ak,~t't~: .............. . .......... 9. Tile land lles in the following zoning use districts A.-:.re&iden.Lial/a4}ricn.l. tural ..... 10. No part of the land lies under water ~vhether tide water, stream, pond water or otherxvise, ex- 11. 12. The western edqe adjoininq Euqene's Creek. cept ................................................................................... The applicant shall at his expense install all required public improvements. The land (44t~,~ (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if xvifhin a District, is .............................................................. 13. %Vater mains will be laid by ... I'I/.~ ..................................................... 14. 20. 21. and (a) (no) charge will be made for installing said mains. Electric lines and standards will be installed by ...31./.6 ........................... : ...... ..................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by . .. Ii/.4.'...: .............................................. ':.' and (a) (no) charge xvill be made for installing said mains. 16. If streets shown on the plat are claimed by th.e applican,,t to be existing public streets in the Suffolk County Highway system, annex Schedul~ B hereto, to show same. 17. If streets show~ 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. Beebe Drive is in the Town of Southold Highway System. 18. There are no existing buildiogs or structures ou the landwbich are not located anti shown on the plat. 19. Where tile plat shows proposed streets which are extensions of streets on adjoiulng sub- division maps heretofore filed, there are no reserve strips at tile end of the streets on said existing maps at their conjunctions with the proposed streets. In the course of these proccediugs, tile apl, licaut will offer proof of title as rcqnircd by Sec. 335 of the Real Property Law. Submit a cop)' of proposed dccd for lots showing all restrictions, covenants, ~:tc. Annex Schedule "D". 22. The applicant estimates that the cost of gradiug and reqnired public improvements will be $ .......... as itemized in Schedule "E" bereto annexed and requests that the maturity °f tbe Performance Bond be fixed at. ............. years. The Performance Boud will be written by a licensed surety company unless otherwise shown on Schedule "F". (Name of Applicant) (Si~ture and Title) ). 729..p.e.e..bf.. p.e..i.v..e.,...c.u..~£h, p.~.u.e. ,. ?.Z...i i 935 (Address) STATE OF NE\V YORK, COUNTY OF SU. FF.QLK ....................... as: On the 20th day of. March .... 19. 87 , before me personally came ............... 0'.0..H.N...T. ,..I}.~.E..B,E. ...... to me known to be the individual described in and who executed the foregoing instrument, and aeknow edged that ....h.? ...... executed tim same. ARLENE B. LOMBARDI ~ y~ NOTARY PUBLIC, State of New York ..... ;' No. 7S87450, Suffolk Coun~ Notary Publ'c Arlene B. Lombardi - Term Expires Sept. 30, 1988 STATE OF NEW YORK, COUNTY OF ............................ ss: On the ................ day ............ of ............... 19 ....... before me personally came ........................ '.. t0"hm kuown, 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 thc foregoing instrument; that ............ knows the seal of said corporatlon; that the seal affixed by order of the board of directors of said corporation. :md ih:it ............ signed .............. name thereto by lil;e order. Notary Public SOLffHOLD TOWN PLANNING BOARD Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, Southold Town Board of Appeals ~AIN RrlAD-~TATE RrIAD 25 BnUTHnLD, L.I., N.Y, 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR. JOSEPH H. SAWICKI James Dinizio, Jr. Abigail A. Wickham, Esq. Wickham, Wickham & Bressler, Main Road, Box 1424 Mattituck, NY 11952 PoCo October 7, 1988 Re: Appl. No. 3739 - John T. Beebe (Variances) Dear Gail: Transmitted herewith for your file and perusal is a copy of the official findings and determination recently rendered by the Board of Appeals. A copy of same has also been furnished with the Building Inspectors' and Planning Board Offices for their files. Please be sure to return to the Planning Board, Building Department, and any other agencies for issuance of appropriate approvals and permits which are deemed necessary. Yours very truly, GERARD P. GOEHRINGER Kowalski Enclosure Copy of Decision to: Office of the Planning Board Office of the Building Inspectors Suffolk County Planning Commission $outhold Town Board o£ 4ppeals  MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 APPEALS BOARD TELEPHONE (516) 765-1809 MEMBERS GERARD p. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI James Dinizio, Jr. ACTION OF THE BOARD OF APPEALS Upon application of J~.H~_ T~ BEEBE for Variances to the Zoning Ordinance, Article III, Sec ' approval of ins · . tlon 100-31 B · ufflclent area and ~ _= _ , ulk Schedule, for w~. u~ cwo proposed parcels in a proposed set-off division, located along Beebe Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-103-3-part of Lot 5. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the ApPlication of JOHN T. BEEBE under Appeal No. 3739; and WHEREAs, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAs, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAs, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAs, the Board made the following findings of fact: - 1. The premises in question is located in the Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 103, Block 3, Lot 5. 2. The subject premises contains a total lot area of 97,035+- square feet and is presently improved with two single-family dwellings the Survey Map prepared ~nd garage structures, all as s Dy Roderick Van~,x~ ~ . how77 on August 19, 1986. ---~, ~-~. amended Appeal No. 3739 r of JOHN T. BEEBE ,,ecision Rendered October 6, 1988 3. By this application, appellant requests approval of the insufficient lot area of proposed Parcel No. 1 of 48,855 sq. ft. with frontage along Beebe Drive of 128+- feet, and of proposed Parcel No. 2 of 48,180 +~ square feet with frontage along Beebe Drive of 136 feet. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. (eff. 5/83) and lot width of 175 feet. 5. Article III, Section 100-31 also excepted those lots ~aving a lot area of less than 80,000 sq. ft. that were "held in single and separate ownership prior to November 1971, and thereafter,,, or were approved by the Planning Board prior to May, 20, 1983. Reference is made to the Moose Cove Subdivision Map approved by.the Planning Board dividing 38.12-acres. The subject parcel is located to the north of Subdivision Lot 53 and north of Beebe Drive and Lot No. 33, and the subdivision consists of lots with an approved lot area of approximately 40,000 sq. ft. 6. For the record it is noted that a Certificate of Nonconforming Premises was issued August 23, 1988 under No. Z17215 certifying that the buildings exists prior to the effective date of the Zoning Code (and amendments). 7. In considering this application, the Board also finds and determines: (a) the practical difficulties claimed are sufficient to warrant a grant of this variance; (b) that the circumstances are unique to the property and are not shared by other properties in the neighborhood; (c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) that there will be no increase in density since the dwellings are existing with one proposed for each lot, and no additional dwellings will be constructed; (e) the relief requested is substantial in relation to the current lot size requirement; (f) that the difficulties cannot be obviated by Some method feasible for appellants to pursue, other than a variance; (g) that the relief requested is the minimal necessary under the circumstances; (h) that 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 granting a variance, as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was Doyen. illness. lk RESOLVED, to GRANT the relief as requested under Appeal No. 3739 in the Matter of the ApPlication for JOHN T. BEEBE. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and (Member Sawicki was absent due to serious family Member Dinizio abstained.) Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: DATE: RE: Southold Town Board of Appeals Southold Town Planning Board ~ October 4, 1988 H & S Associates, Robert and Diana Baker, John Beebe, Cutchogue Garms LTD. a/k/a Gristina Vineyard H & £ Associates (Rienecker and Friemann) 1000-102-2-24 Please see correspondence to Mr. Friemann from Planning Board dated 10/4/88 which recommends that he pursue a Special Exception to expand a non-conforming use. Robert and Diana Baker 1000-55-6-9 The Planning Board has no jurisdiction John Beebe 1000-103-3-5 The Planning Board has no comments, however, would like to note that this is located within the approved subdivision Moose Cove at East Cutchogue, which contains predominantly half acre lots. Cutchoque Farms Ltd. a/k/a/ Gristina Vineyard 1000-109-1-13 The Planning Board finds the plan dated as amended 8/16/88 acceptable. Please see colored map submitted by the applicant which locates the existing vegetation to be supplemented with an evergreen buffer. WlCKHAh4, WlCKHAM & BRESSLER, P.c. MAIN ROAD, P.O. BOX IAEA NIATTITUCK, LONG iSLAND NEW YORK II952 516-298-8353 MORTGAGE OFFICE 516-~98-5300 June 9, 1988 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Application for Minor Subdivision for John Beebe Gentlemen: Enclosed please find a copy of the petition to the Zoning Board of Appeals on the matter cited above. We received the returned application for the approval of a plat. If the Zoning Board of Appeals approves the variance, we will send a copy of the Zoning Board of Appeals approval, along with the plat application and the fee for a Minor Subdivision of two lots. Thank you for your help on this matter. Very truly yours, Karen J. Stretz KJS:amm eric. TOWN OF d )UTH OLD, mW YOm? APPEAL FROM DC'ClSION C)F BUILDING INSPECTOR VICTOR LESSARD TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. ¥. i, (we) ................................ of .2. ....................................... Nome of Appellont Street and Number .................. .~.~t.~g&~. ............................................................ ~I. sY/...~CgX.~..HEREB¥ APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 9/04/86 FOR: Permit to Set-Off WHEREBY THE BUILDING INSPECTOR DENIED TO Name of Applicant for permit of 1750 Beebe Drive Cutchogue New York Street and Number Municipality State PERMIT TO USE PERMIT FOR (~/¢~C~U_P~CY PERMIT TO JilX~ll Tax I. LOCATION OF THE PROPERTY ..B.~e.b..e...D..r...~Y..e.,....q.u..%?..h..°.~..~ ......................... .A.i..~.e..,n.:..J..A~....r.: ........ Street ant1 ~ 7,ofle .~o~O^ ,~ n-~ ~/^ = OWNERIS~: JOHN T. BEENE .... · U ¢BAS -D .t.%%8. .......... 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicote the A~ticle Section, Sub- section ond Parograph of the Zoning Ordinance by number. Do not quote the Ordinonce.) Art4L¢le ! ¢ ~f.J. on' t06-20 Article IIL Section 100-3! 3. TYPE OF APPEAL Appeal is made herewith for (XX) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of occess (Stote of New York Town Low Cha~. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (had (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such oppeol vms ( ) request for o sj:~:ial permit ( ) request for o vorionce and was made in Appeal No ................................. Dated ...................................................................... ( ) (XX) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Voriance to the Zoning Ordinance is requested for the reason thQt we would like to divide this 97,035 square foot parcel with two houses and two 8arages on It zn/o cwu ~epara~e parcels. IPerm ZBI (Continue on other side) / I. STRICT APPLICATION OF THE ORDINANCE w~uld produce pnxflcol difficulflet m unn~ce~ sa~/HARDSHIP becau~ this parcel which is set up for two separate families, would have to be kept insingle owmership. Each lot already has a house, garage and driveway. To keep this as one property when it is already essentially two lots is impractical and burdensome. 2. The hardship creoted is UNIQUE and is not shored by all prope~ies olike in the immediote vicinity of this pro~e~y and in this uSe district becouSe this parcel is twice as .large. as all, the other properties to both sides of it along the east side of Eugene's Creek. 3. The VoriancewouHobSe~e the ~irit of the Ordinor~e end WOULD NOT CHANGE THE CH^RACTER OF THE DISTRICT because dividing this parcel into rye lots, each of which would be larger than one acre, would only result in the formation of two lots approximately the same size as their neighbors, Since there are already two houses, two garages and driveways, nothing would change as a result of the division. It is not the intention of applicant to sell either parcel. This application is being made for estate planning purposes. STATE OF NEW YORK ) ~.~ ) ,, .... ..i ................................................. COUNTY OF SUFFOLK ) JC~ T. BEEBE 20th d~v of..J~c~k .......................................... 19 87 S~om to this ................................................ · Arlene B. LombardiNo-aW Public ARI.F, NEB. LOMBARDI NOTARY PUBLIC, State of New York No. 7587450, Suffolk Ceunty Term E~oires ~ 30. 1988 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI James D~n~zio, dr. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.h, N.Y. 119'71 ACTION OF THE BOARD OF APPEALS TELEPHONE (516) 765-1809 SOUTHOLD TOWN PLANNINO BOARD Upon application of JOHN T. BEEBE for Variances to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two proposed parcels in a proposed set-off division, located along Beebe Drive, Cutchogue, NY; County Tax Map Parcel No. 1000-103-3-part of Lot 5. WHEREAS, a public hearing was held and concluded on October 6, 1988 in the Matter of the Application of JOHN T. under Appeal No. 3739; and BEEBE WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the Residential and Agricultural Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 103, Block 3, Lot 5. 2. The subject premises contains a total lot area of 97,035+- square feet and is presently improved with two single-family dwellings and garage structures, all as shown on the Survey Map prepared by Roderick VanTuyl, P.C. amended August 19, 1986. Page 2 - Appeal No. 3739 Matter of JOHN T. BEEBE Decision Rendered October 6, 1988 3. By this application, appellant requests approval of the insufficient lot area of proposed Parcel No. 1 of 48,855 sq. ft. with frontage along Beebe Drive of 128+- feet, and of proposed Parcel No. 2 of 48,180 +- square feet with frontage along Beebe Drive of 136 feet. 4. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. (eff. 5/83) and lot width of 175 feet. 5. Article III, Section 100-31 also excepted those lots having a lot area of less than 80,000 sq. ft. that were "held in single and separate ownership prior to November 1971, and thereafter," or were approved by the Planning Board prior to May, 20, 1983. Reference is made to the Moose Cove Subdivision Map approved by the Planning Board dividing 38.12-acres. The subject parcel is located to the north of Subdivision Lot 53 and north of Beebe Drive and Lot No. 33, and the subdivision consists of lots with an approved lot area of approximately 40,000 sq. ft. 6. For the record it is noted that a Certificate of Nonconforming Premises was issued August 23, 1988 under No. Z17215 certifying that the buildings exists prior to the effective date of the Zoning Code (and amendments). 7. In considering this application, the Board also finds and determines: (a) the practical difficulties claimed are sufficient to warrant a grant of this variance; (b) that the circumstances are unique to the property and are not shared by other properties in the neighborhood; (c) there will be no substantial change in the character of the neighborhood or detriment to adjoining properties; (d) that there will be no increase in density since the dwellings are existing with one proposed for each lot, and no additional dwellings will be constructed; (e) the relief requested is substantial in relation to the current lot size requirement; (f) that the difficulties cannot be obviated by some method feasible for appellants to pursue, other than a variance; (g) that the relief requested is the minimal necessary under the circumstances; (h) that 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 granting a variance, as noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, to GRANT the relief as requested under Appeal No. 3739 in the Matter of the Application for JOHN T. BEEBE. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Doyen. (Member Sawicki was absent due to serious family illness. Member Dinizio abstained.) ',***' ~/ TOWN OF SOUTHOLD , MINOR SUBDIVISION APPLICANT 0-o~,~ ~ ZONING CLASSIFICATION ~/ :: C::.~:i:,,]~ ':,:;~A~: ,~'F_ P~O~D ~ oF"VSOFFOLI( CO.-PLANNING DEP1 I ~¢"OLK COUNTY DEPARTMENT OF HEALTH SERVICES HCuppauge, Ne -- T~i$ is to cert~ -! This IS ti ,certify tha~ !l,e pit COUNT's; DL,'AR] ;/iL~ ~ ~ , ,~ Hb~LTH SERVICES NewYo, k ~OV 0 ~ 19~9 for water supply it the time of cor~sfrr~bon. This ~A~e ^nd gu~hty /,NO05 r-. -T- ,~.;.%: r_ /PATE