Loading...
HomeMy WebLinkAbout1000-103.-10-2 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 16, 1991 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Michael J. Hall Attorney At Law 1050 Youngs Avenue Southold, New York 11971 RE: Minor Subdivision Marion Robins SCTM$1000-103-10-2 Dear Mr. Hall: The following took place at a meeting of the Southold Town Planning Board on Monday, July 15, 1991. The final public hearing, which was held at 7:30 P.M., was closed. The following resolution was adopted: WHEREAS, Ruth Simonson, Gwen Joy, Walter Simonson, Dorothy Powell and Marion Robins, are the owners of the property known and designated as SCTM91000-103-10-2, located on the northeast corner of Little Neck Road and Baldwin Place in Cutchogue; and WHEREAS, this minor subdivision, to be known as Minor Subdivision for Marion Robins, is for 3 lots on 6.039 acres; 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 January 18, 1990; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on July 15, 1991; and Page 2 Marion Robins 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 surveys dated January 3, 1991, 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. Submission of two additional paper prints of the final map. Both maps must include the Health Department's stamp of approval. Submission of a copy of the Covenants and Restrictions which were filed as a condition of the Health Department approval. Street trees are to be planted along Little Neck Road in accordance with Section A108-41 of the Town Code. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr'. Chairman Encl. DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this ~ day of ~o~ , 1990, by MARION ROBINS, residing at 1550 Strohson Road, Cutchogue, New York; RUTH E. SIMONSON, residing at 2577 Fortesque Avenue, Oceanside, New York; GWEN JOY, residing at 1131 Ohio Street, Redlands, California; WALTER E. SIMONSON, residing at 806 East Osceo~la Avenue, Lake Wales, Florida;' and DOROTHY POWELL, residing at 422 Glen Woods Court, Bordman, Ohio; hereinafter referred to as "Declarants." W I T N E S S.E T H: 00 o lo WHEREAS, Declarants are the owners in fee simple of a certain parcel of land situate at Cutchogue, Town of Southold, County of Suffolk, State of New York, and designated on the Suffolk County Tax Map as District 1000, Section 103, Block lQ, and Lot 2; being the same premise conveyed to Declarant by deed dated October 16, 1976, recorded in the Suffolk County Clerk's office on November 12, 1976, in Liber 8139, Page 597, and referred to herein as the "premises." WHEREAS, the Declarants intend to subdivide said premises for residential purposes and desire to subject said premises to certain reservations, restrictions, conditions, covenants and agreements. NOW THEREFORE, the Declarants do 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 so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth. 1. No lot shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. There shall be no further subdivision in perpetuity. 2. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the intersection of Little Neck Road with Baldwin Place to facilitate turns at the corner and to enhance the streetscape. 3. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of the intersection of Strohson Road with Baldwin Place. to facilitate turns at the corner and to enhance the streetscape. 4. All.stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be ~ed on the site by adequate drainage structures. jAt,,l - 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 Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be e~titled to notice of such public hearing but their consent to such modification shall not be required. 6. 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 under Liber Page IN WITNESS WHEREOF, this indenture has been executed the day and year first above written. MARION ROBINS STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On the ~O~day of ~, 1990, before me personally came MARION ROBINS, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed same. ,~a.~ ~~0N0ta~r ~ STATE OF NEW YORK) ) ss.: COUNTY OF NASSAU) On the /0~day of ~x~. ,'1990, before me personally came RUTH E. SIMONSON, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed same. ~~ ~ .~ . Notar~ Public H~.LEN G. sIMON t, iO't'AR¥ pOSLIC, State o! New York No. 30'4~'85068 uallfled in Nassau county /~r t ComQfl~l~sion Expires Aug. 31, 19../1-/-- GWEN ~0Y ~ STATE OF CALIFORNIA) ~ ~ )SS.: On the ~ day of~U~%U5+-, GWEN JOY, to me known to b~ the executed the foregoing executed same. i~ KI~BERLYJILLHENRI~EN ~ 1990, before me personally came individual described in and who instrument, and acknowledged that she WALTER E. Sl'MON~bN STATE OF FLORIDA ) )SS.: counTY OF ) On the ~O4~ day of ~, 1990, before me personally came WALTER E. SIMONSON, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed same. MyCommission£xpiresAugusf30,~d~ary Public STATE OF~ ) )SS.: COUNTY OF ~qF£OC~ ) DOROTHY PJ~WELL On the ~L~ day of ~, 1990, before me personally came DOROTHY POWELL, to me known to be the individual described in and who executed the foregoing ~instrument, and acknowledged that she executed same. ~ Noel lc RECORD AND RETU~ TO: ~05o Youn~s ~venu~ Sou~ho~d, New Yo~ 1~ : '- 2003 SCHEDULE A Attached to Declaration of Covenants and Restrictions GWEN ~r0Y ~ S~ATE OF CALIFORNIA) COUNTY On the ~ day ofGUx%tAS~ , 1990, before me personally came GWEN JOY, to me known to b% the individual described in and who executed the foregoing executed same. ~ I~AqBERLY JILL HENRIKSEN ~ instrument, and acknowledged that she -/~tary Public STATE OF FLORIDA ) )ss.: COUNTY OF ~O:~ ) On the ~O4~ day of ~, 1990, before me personally came WALTER E. SIMONSON, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed same. MyCommi~ionExpir~Augusf30,~l~t:ary Public DOROTHY P~WELL Michael J. Hall, Esq. 1050 Youngs Avenue Southold, New York 11971 RECORD AND RETURN TO: STATE OF~ ) ~ )ss.: COUNTY OF ~qf£oc~ ) On the ~ day of ~, 1990, before me personally came DOROTHY POWELL, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed same. 11270 i139 PRIVATE WELL COVENANTS DECLAR~TION OF COVENANTS AND RESTRICTIONS DECLARATION ~ade ~-hts [~.t- ~(~/ day of .~ i , 199~, by MARION ROBINS, residing at 1550 Strohson Road, Cutchogue, New York; RUTH E. SIMONSON, residing at 2577 Fortesque Avenue, Oceanside, New York; GWEN JOY, residing at 1131 Ohio Street, Redlands, California; WALTER E. SIMORSON, residing at 806 East Osoeol Wales, ~lorida; and DOROTHY POWEnL ---:=. . la Avenue, Lake C°urt, ~ordman, Ohio; her-~-~---~'- ~=ux~ng at 422 Glen Woods -----~=~ ru~erre~ to as "Declarants;,, as the owner of premise~ described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: WHEREAS, DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct and/or approval of plans for a single family residence, a subdivision or development or other construction project on the PREMISES, and ' 2. WHEREAS, the PREMISES are to be served by an individual site private well; and WHEREAS, the test wells sampled for the PREMISES indicated that test results were within the minimum drinking water standards and/or guidelines of the State of New York and results are attached hereto as Schedule C. Each chemical parameter which exceeds 60% of the acceptable level is indi- cated with an asterisk; and WHEREAS, it has been determined that water quality of private wells is subject to change; and WHEREAS approval of the DEPARTMENT does not guarantee that the water quality will always meet drinking water standards; and WHEREAS the DEPARTMENT recommends periodic comprehensive water analysis of such well in order to monitor the water quality to prevent the unknowing consumption of contaminated water, the DECLARANT, its successors, heirs, or assigns SCDHS PRIVATE WELL COVENANTS ROBBINS COVENANT A (REV. 1/91) AND RESTRICTTON - PA~ - 1392 SOUTHOL9 TOWN PLANNING agrees that if said Water analysis should indic tamination in excess of · . and/or guidelin ~ ~ ~L the m~nlmum dr'-~ ate wate~- SUCCesSor~ ~.:e. ~ ~ne State of l~.g Wate~ --, ,~rs, or assians ~. ~ew Yor~, DECLARANT A. COnnect to public Water, or B. instal~ necessary water conditiOning equ]pmenl to meet the minimum drinking Water Standards guidelines of the State of New York. ~A WHE~ DECLARANT appeared before the Board of Review requesting a variance to be able to utilize a shallow well which does not Conform tq the depth or distance requirements of the Suffolk County Sanitary Code and WHEREAS the Board o~ R~v~ew the County of Suffolk Department of Health Services granted waiver provided a COvenant is filed, the DECLARANT, its ~ucce~ors, heirs or assigns; agrees S. ~;_ ~? hold. harmless, defend and indemnify the Count -~u&~, &~s emp&oyees, officers o y o ~mage? or injuries that may ari~ ~,~g~t~.fr?. any claim u~ {U¢~ shallow wel~. · ...... ~ u~ ~ne installation o~ use b. to Connect to .a~public water s'jpDly;=upon a P~b[ic~water ma&n being extended wlt~h 1'50 feet from'the-subject premises. c. to install water conditioning equipment if the ,,'o~1 ~;ater supply has contam.~natlon in excess of th~ minimum drinkin9 standard~ and/or guidelines of the State of New York. d. Each well shall be iamtalled with a pump c~q~aciLy not to exceed i0 gpm and pump and associated equipLme~t must first be approved by the ~partment of Health Services priu~ certification. . . e. ~ fee o~nere, ~enanCs or occupants of the subject premises shall, without notice, during normal workin~ provide access and entry to the Subject premises, bu~]d)m.{s facilities to auth~rized ~n~=4P~roprlate county l{};q~e, cto~: e The declarations set forth in the WHEREAS clauses contained herein shall be deemed and construed to be promises, covenants, and'restrictions as if fully repeated and set forth herein. SCDHs PRIVATE WELL COVENANTS (REV. 1/91 ROBBINS COVENANT AND RESTRICTION - PAGE 2 '~'.~ u~u~'r, lu~ S6~de§s6rs and/or assigns snal± set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. ~All of the covenants and restrictions contained herein shall be construed to be in addition to and not in deroga- tion or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised~ amended, or promulgated. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. The aforementioned Restrictive Covenants shall be enforce- able by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability what- soever upon the County of Suffolk or any officer or employee thereof. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the DEPARTMENT. If any section, subsection, paragraph,' clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, un- lawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or ~n- constitutional. Local Law #32-1980 - The DECLARANT represents and warrants that he has not offered or given any gratuity to any offi- cial, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the perfor- mance of an agreement, and that such person has read and is familiar with the provisions of Local Law #32-1980. LS 1i~ STATE OF NEW YORK) ) ss.: On the /O day df~/~Y , 199~, before me MARION ROBINS, to me known who executed the foregoing executed same. personally came to be the individual described in and instrument, and acknowledged that she Notary Publi~// / --- STATE OF NEW YORK) ) ss.: COUNTY OF-l~h~q~) ~~~ On the /[~/~--~day of ~f~/ , 199~, before me personally came RUTH E. SIMONSON, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed same. Notary Public ~ LU~:RE'FIA C. MOH~ ~%:~anj Public, Sta~ of N~ y~ STATE OF CALIFORNIA) / No. 5~ On th day of ~ ~/ , 199~, before me personally came GWEN~JOY, to me known to b~the individual described in and who exe~~~rumen~-and acknowledged that she exe~mgULIE~N SCHHTTLER ~ /' / ' ) ~ /', ~ ~' ..... -- ~-~ ~ o~ar Publ lc ~ )ss.. ~ CouNTY ) On the ~ day of ~f)([t~ , ~, before me personally came ~ALTER E. SINONSON, ~o me known to be the individual described in and who executed the foregoing inst~ent, and acknowledged that N~tar~Pu~id ~ ~V Commission Ex?res Ju~y 17, 1994 ~, COU.TY Or ~C,.. )ss.:~ f~X / On the ~ da~ o , , 199~, before me personally came DOROTHY POWELL, to me known to be the individual described in and who executed the foregoing inst~ent, and acknowledged that she executed same.~'~~f~4~~ ~ / ' No%ary Public RECORD AND RETURN TO: Michael J. Hall, Esq. 1050 Youngs Avenue Southold, New York 11971 11270 144 I1) Lab ~ Field No. (51) Date Time Col. By 899357 Public Water Private Water _ '----~--- Other ~ ~ Date Complete-~-~/Z2~::) ~(14~ SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES DIVISION OF MEDICAL LEGAL INVESTIGATIONS & FORENSIC SCIENCES PUBLIC HEALTH LABORATORY (3) Last Name (4) Street No. (8) Community Mailing Address PESTICIDE ANALYSIS OF WATER ~ '0~~ (2) First / Sampling Point ~ (20) Pub (15) Distance to Farm (30) Map Coordinates (31) Well Depth (57) Resample? Last Result Ncom ~ / 0 0 0 / /_ Yes Key R No __ (14) District (13) Section (16) Block (17) Lot Remarks Owner COMPOUND PPB MG/L (223) (425) (426) (224) (427) (428) (429) (554) (43o) Aldicarb ......................... Aldicarb Sulloxide .............. AIdicarb Sulfone ................. Carbofuran ....................... 3-Hydroxycarbofuran .... Oxamyl ................................... Carbaryl ............................... 1 -Naphthol .............................. Methomyl ............... Lab No. Field No. Dale: Time: Col. By: {Name not initials} Date Received in Lab Public Water Pdvate Water Other Date Compleled Examined By SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES PUBLIC HEALTH LABORATORY CHEMICAL EXAMINATION OF WATER Point of Collection ,~j~ (~ ~ ~ Owner or District Remarks~ I1) Results Repoded as Micrograms Complete [] Metals Only ~,mhos/cm 84 f. Nkalinily 78 Nilrales {m~/I NJ 83 Ca Hardness Jmg/i CaCO3J 90 Rixxide (mg/I FJ 100 Ir~Jmg/IFe) .125 Selenium .. ,01 Manganese ,mg.q Ivln) ' I ~1~ t22 Cadm~m Director American Title [nSurance Company Meridian Company Title No, 2002436 AHENDgD DESCRIPTION ALL that certain plot, piece or parcel o! land, situate, lying and being near Peconlc, in the Torn of Southold, Suffolk County, Ney York, hounded and described as follows, to vit: BEGINNING at e point vhere the boundary line betveen land formerly of Mary Weller and nov or fornerly of Ounhuber and Bernhard and the property herein described neets the easterly line of Little Neck Road; and RUNNING THENCE South BI degrees 51 nlnutes IO seconds East 350.20 feet; RUNNING THENCE South 82 degrees Il nlnutes 10 seconds East 202.46 feet; RUNNING THENCE South 5 deqrees OS ninutes 40 seconds £eet; RUNNING THENCE North 84 deqrees 54 nlnutes 20 seconds ~est 505.57 feet to the easterly side of Little Neck Road; RUNNING THENCE along the easterly side of Lzttle Neck Road the [olloving 2 courses and distances= 1. North 0 deqrees 17 ninutes O0 seconds East 2S¢.05 feet; 2. North 0 degrees 25 minutes 30 seconds ~est 2~].%0 feet to the point er place eL BEGINNING. 11270 159 PRIVATE WELL COVENANTS DECLARATION OF COVENANTS AND RESTRICTIONS DECLARA?ION made this /ff/Tt day of ~:~'V , 199~, b~ MARION ROBINS, residing at 1550 Strohson Road, Cutchogue, New York, RUTH E. SIMONSON, residing st 2577 Fortesque Avenue, Oceanside, New York; OWEN JOY, residing at 1131 Ohio Street, Redlands, California; WALTER E. S~MONSON, residing at 806 East Osoeo , Wales, ~lorlda; and DOROTHY POWEL~ ---:=' .lla Avenue, Lake Court, ~ordman Oh{~- ~_~__~ _----'~ ~=~lng a~ 422 Glen Woods - , --, -~,m~er rererre~ to as "Declarants;- as the Owner of prenlise~ described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and res:rictions~ WHEREAS, DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct and/or approval of plans for a single family residence, a subdivision or development or other construction project on the PREMISES; and 2. WHEREAS, the PREMISES are to be served by an individual site private well; and WHEREAS, the test wells sampled for the PREMISES indicated that test results were within the minimum drinking water standards and/or guidelines of the State of New York and results are attached hereto as Schedule C. Each chemicaJ parameter which exceeds 60% of the acceptable level is indi- cated with an asterisk; and WHEREAS, it has been determined that water quality of private wells is subject to change; and WHEREAS approval of the DEPARTMENT does not guarantee tho~ the water quality will always meet drinking water standards; and WHEREAS the DEPARTMENT recommends periodic comprehensive water analysis of such well in order to monitor the water quality to prevent the unknowing consumption of contaminated water, the DECLARANT, its successors, heirs, or assigns SCDHS PRIVATE WELL COVENANTS A (REV. 1/91) ROBBINS COVENANT AND RESTRICTTON - PA( SOUTHOL3 iO','~' N ~ PL, [% ~ · Complete application received Application reviewed~at work session Applicant advised of necessary revisions MINOR SUBDIVISION (NO RO./~ ,;/-,-/~ ~ Revised sub mission received Sketch plan approval -with conditions Lead Agency Coordination SEQRA determination Sent to Fire Commissioner Receipt of firewell location Notil'ication to applicant to include on final map Sent to County Planning Commission Review of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Receipt of mylars and paper prints with Health approval Final Public Hearing Approval of subdivision -with conditions Endorsement of subdivision '~I:W YORK STATE DEPARTMENT OF ENVIRONMENTAL CON~i~RV,.[ION mW$~ON Of KEGU~OKY st-re Envlronment,q Q-ellty Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I Project Information (To be completed by Applicant or Project sponsor) Michael J. Hall ,Minor Subdivision for Marion Robins 3. P~'oject Iocatmn: Lib%le NeCK ~oa~ M,mc~i~ East Cutchogue coun~ Suffolk Subdivision of 6.3 acres presently owned by~-~- siblings into four nearly equal, nearly square 65,000 sq. ft. parcels. Corner of Little Neck Road and Baldwin Place, East Cutchogue 7 Amount OI ~.d a,,ctnd: 6.3 [] Yes ~o liNo, descr,beb~'iefl¥ .Proposed lo. ts w~ll be approximately 1.6 acres instead of 2 a~res required. Lots will conform to code. "IN ALL OTHER RESPECTS". ~Re$~len,i.I E] Ind.s.ial ~ Commercial ~ Aericulture ~ Parklan~o~n s~ce ~ Olhe, . ~ Yes ~ No If y~, list a~enc~s) and ~rmi~approvals [] Yes ~ NO If yes, list a&ency name and permi~approval type Michael J. Hall If the action Js in'the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment 4/8/88 OVER PART II Environmental Aaaeasment {To be completed by Agency) C2. Hi/to~ic, archeolol~icai, visual o~ aesthetic, or other natural or cultural resources; aliP'iculturaI diM~icM; m community o~ neilihbe~hoed gharecterl Explain b~ietl~ CS. Growth. subsequent development, or related activities likely to be induced bv the proposed &ctmn~ Explain br~elly, o C6. Secondary. cumulative, ot orhet etfect~ not identified in C1~6~ Explain briefly. PART III Determination of $ignifioance=(To be completed by Agency} INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural}; (b) probability of occurring; (c) duration; Id} irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONC FORM EAF and/or prepare a positive declaration. [] Check this box if you have determined, based o1~ the information and analysis above and any supporting documentation. that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this. determination: PL~ The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat accordance with Article 16 of the Tmvn Laxv aud tbe Rules and Regulations of the SoutboM Towu Planning Board, and represents and states as follo~vs: 1. Tbe applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the laml tinder application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be Minor Subdivision for Marion Robins 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land i~,. held by the applicant under deeds recorded in Suffolk Connty Clerk's office as folloxvs: Liber ........................ Page ...................... On ....................... Liher ........................ Page ...................... On ........... ' ............ : Liber ........................ Page . ..: .................. On ...................... .,; Liber ........................ Page ...................... On ....................... : Liber ........................ Page ...................... On ....................... ; as devised under the Last Will and Testament of ....................................... or as distributee ....................................................................... 5. The area of the land is ....6..'..3 ........... 'acres. 6. All taxes xvhich are liens on the land at the (late hereof have been paid except ............ 7. The land is encumbered by .......... .n..o.n.~ ............................................. mortgage (s) as follows: (a) Mort?,age recorded in Liber .............. Page .................. in original amount of $ .............. unpaid amount $ ..................... held by ...................... .............. address ................................................................ (b) Mortgage recorded in Liber ......... Page ....................... in original amonnt of .............. nnpaid amount $ ...................... beld by ...................... ............. address ~. .......................................................... (c) Mortgage recorded in Liber .............. Page ................ in original amonnt of .............. unpaid amount $ ...................... held by ...................... ...................... address ......................................................... 8. There are no other encumbrances or liens against the land except ........................ A-Res. 9. The land lies in the folloxving zoning use districts ....................................... 10, No part of the land lies under water xvhether tide water, stream, pond xvater or otherwise, ex- none cept .................................................................................. 11. The applicant shall at bis expense install all i'equired public improvements. 12. The land (ll~r~:): (does not) lie in a \Vater District or Water Suplfly District. Name of Dis- trict, ii within a District, is ............................................................. 13. Water mains will be laid by ....]).N..A ................................................... and (a) (no) charge will be made for installing said mains. ~ 14. Electric lines and standards will be installed by .a..1.r.?.a..d.y....o.n.. ?..u?.~..o,~..n.d..i.n.g...p..~.e.m..i. ses ..................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by ..... DNA and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shoxvn on the plat are claimed by the al>plicant to be existing public streets in tile Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on tile land which are not located anti shown on the plat. 19. \Vhere thc plat shows proposed streets which are extensious ~,[ streets on adjoining snb- division maps heretofore filed, there are m) reserve strips at the end of the streets on said existing maps at their conjunctions with the I~rOlmsed streets. 20. In the course of these proceedings, the :qqHicant will t,ifer prmJ ~[ title :ts required hy Sec. ,335 of ~rhe Real Property Law. 21. Sul~mit a copy of propo.¢~d deed for lots -:bowing all restrictMns, covenants, crc. Annex Schedule "D". 22. The applicant estimates that the cost of grading ami required pnblic improvements will he $..D..M.A. .... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at DNA years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE April 8 .................................................... .............................. 1988 Marion Robins (Name of Applicant)~ (Signature,~d Title) Michael J. Hall, q- 1050 Youngs Avenue, Southold, NY 11971 (Address) SUFFOLK STATE OF NE\V'YoRK. COUNTY OF ................................. ss: On tile ....8?.h. ........... day of ........... .Ap.r. ~.1. ............ 19.88., before ,ne persooally came Michael J. Hall to. me known to be tile individual described in and who execnted the foregoing instrument, and acknowledged that ... ~ ...... executed the same. STATE OF NEW YORK, COUNTY O~ ............................ ss: On the ................ day ............ of ............... 19 ....... before me personally came ........................ to me known, who being by me duly sworn did de- pose and say that ............ resides at No ..... .. ........................................... ............................ that .......................... is the .;. ....... the corporation described in and which executed the foregoing instrument; that ............ kno~vs the seal of sai~ corporation; that the seal affixed by order of the board of directors of said corporation. :t~:,l th:tt ............ signed .............. name thereto by like order. Notary Public BEGINNING at a point at the north east corner of the intersection of Little Neck Road and Baldwin Place. RUNNING THENCE along the easterly side of Little Neck Road the following two courses and distances: 1) North 0 degrees 17 minutes O0 seconds East 254.05 feet 2) North 0 degrees 25 minutes 30 seconds West 261.50 feet to a monument and land now or formerly of Dunhuber and Bernhard; RUNNING THENCE the following two courses and distances: 1) South 81 degrees 51 minutes 10 seconds East 350.20 feet 2) South 82 degrees 11 minutes 10 seconds East 202.46 feet to a point at the westerly side of Strohson Road; RUNNING THENCE along Strohson Road South 5 degrees 05 minutes 40 seconds West 485.15 feet to an iron pipe and the northerly side of Baldwin Place; RUNNING THENCE North 84 degrees 54 minutes 20 seconds West 505.57 feet along Baldwin Place to the point or place of BEGINNING. agrees that if said war tamination in exces~ ~er analysis shoul~ . and/or guidelines of the .... ~.,um Grlnkxng Water Std~i~j~l{]s .. State of New York, DECLARANT,, sUCCessors, he,rs, or aSSigns may be required to, A. COnnect to public Water, or B. instal/ to meet the minimum drinking Water standards necessary Water conditioning equJ~l.e~ll ~,. ,~ guidelines of the State of New York. ~A ~HE~.~ DECLARANT appeared before the Boar - ~uestlng a variance to be able ~ ...... d of Review uu~s not Conform t~ ~ ~ ~. ~ uu~lze a shallow Suffolk County Sanitar,, Co~ ..... ~Stance requirements of the the County of Suffolk 6epa~m~ -~EREA~ the Board of Review ~! waiver provided a COvenant is f~.o~ Health Services granted succe~or~, heirs or =s~--. ~le~, the DECLARANT, its ---~..~ agrees a. to hold harmless, defend and indemnify the Coul~ty Suffolk, its employees, officers, or agents item any claim of damages or injuries that m~y arise ou of such shallow well. ' t Of the installation o~ use b. to Ce,neet to ~public water Sj~bl¥%=upon a P~b[ic~water ma~n being extended-~t~lh I50 feet from'the-subject premises. c. to install water conditioning equipment if thc? ..'oil ~ater supply has contam.~nation in excess of the minimum drinking w.~t:er standards and/or guidelines of the State of New York. d. Each well shall be in, tailed with a pump c~%pacity not to exceed 10 gp]~ and pump and associated equ~ptment must first be approved by the Department of Health Services ~,~'iu~ certification. . e. All fee OWners, tenants or occupants of the premises shall, without notice, during normal workin~ provide access and entry to the Subject premises, buiJd)nHs ~d facilities tO authqrJ, zed ~nd.~pproprlate cou~ ty i~)q¢,ctc,[i; officials. . ' i.~i~ · The declarations set forth in the WHEREAS clauses contained herein shall be deemed and construed to be promises, covenants, and 'restrictions as if fully repeated and set forth herein. SCDHs PRIVATE WELL COVENANTS (REV. 1/91) ROBBINS COVENANT AND RESTRICTION - PAGE 2 forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. ~All of the covenants and restrictions contained herein shall be construed to be in addition to and not in deroga- tion or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised~ amended, or promulgated. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. The aforementioned Restrictive Covenants shall be enforce- able by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability what- soever upon the County of Suffolk or any officer or employee thereof. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the DEPARTMENT. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, un- lawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or ~n- constitutional. Local Law #32-1980 - The DECLARANT represents and warrants that he has not offered or given any gratuity to any offi- cial, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the perfor- mance of an agreement, and that such person has read and is familiar with the provisions of Local Law #32-1980. LS STATE OF NEW YORK) ) ss.: COUNTY OF SUrFOLK On the /O day df~/~ Y MARION ROBINS, to me known to be who executed the foregoing executed same. STATE OF NEW YO~K) ~/~ ) ss.: COUNTY 199~, before me personally came the individual described in and instrument, and acknowledged that she On the /~/---~day of /~f-/ , 199~, before me personally came RUTH E. SIMONSON, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed same. Notary Public STATE OF CALIFORNIA) / No. / ~ · ~ )SS. : Qualifi~ O~ COUNTY On th day of ~' ~/ , 199~, before me personally came GWEN~JOY, to me known to b~the individual described in and who exe~~~rumen~ and acknowledged that she exe~mgUklE ANN SCHUTT[ER ~ BERNARB NO COUN~ ' st~ o~ ~o~ ) cou~Tw OF ~ ) On the ~%~ day of ~[%[~ , ~, before me personally came WALTER E. SIMONSON, to me known to be the individual described in and who executed the foregoing inst~ent, and acknowledged that he executed same. Notar~ Pu~i~ ~V Commission Ex:~res 3~[j 17, 199~ f~' STATE OF~ ~o~'~ COUHTY oF ~C,,. ))ss': f/~X / On the ~ day o , , 199~, before me personally came DOROTHY POWELL, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed same. ~1'~ ~ ~J~~ ~ ~ / ~ No%ary Public RECORD AND RETURN TO: Michael J. Hall, Esq. 1050 Youngs Avenue Southold, New York 11971 (1) Lab ~ Field No. (51) Date Time Col. By 11270 144 9357 Rec'din Lab ~ Public Water Private Water Other Date Completed SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES DIVISION OF MEDICAL LEGAL INVESTIGATIONS & FORENSIC SCIENCES PUBLIC HEALTH LABORATORY (3) Last Name (4) Street No. (8) Community Mailing Address PESTICIDE ANALYSIS OF WATER (2) First / Sampling Point .~. O,,~ ~ (20) Pub (15) Distance to Farm (30) Map Coordinates (31) Well Depth (57) Resample? Last Result Ncom ~ / / Yes Key R No __ (14) District (13) Section (16) Block (17) Lot Remarks Owner /o00 IO COMPOUND PPB MG/L (223) Aldicarb .................................. (425) Afdicarb Sulloxide ....................... (426) AIdicarb Sulfone ............... (224) Carbofuran .............. (427) 3-Hydroxycarbofuran ................... (428) Oxamyl ................................... (429) Carbaryl .......................... (554) 1-Naphthol ............................ (430) Methomyl ............... 1:12~'0~i145 300 O~o~ Lab No. Field No. Dale: Time: Col. By: 88~98 {Name not initials) Date Received in Lab Public Water Private Water Other Date Completed Examined By SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES PUBLIC HEALTH LABORATORY CHEMICAL EXAMINATION OF WATER Point of Collection ~ <~.S ~" Owner or District Remarks: Results Reported as Micro( Complete E] Melals Only 75 ~mhos/cm 84 T. ,~Jkalinit,/{m(j/I CaC03] 81 MB^SJrng/{) ' .~ / 73 pH J ~'1 82 T. Hardness Jmg/t CaC03) 88 Tolal Hyd P{mg/I) Nilrrles f 78 Nilrales Img/I N) 83 Ca Hardness Jm(j/I CaCO3) 90 Ruodde Img/I F) ' III flO Chlorides Imgfl al J .0, 122 Cadmium ,, IIII I Director .. Company American Title Insurance Company llg'707 l Title No. 2002436 AMENDED DESCRIPTION ALL that certain plot, piece or parcel of land, situate, Iylnq and belnq near Peconlc, in the Town of Southold, Suffolk County. New York, bounded and described as follows, to wit: BEGINNING st a point where the boundary line between land formerly of Hary Weller and now or formerly of Ounhuber and Bernhard and the property herein described meets the easterly line of Little Neck Road; and RUNNING THENCE South 81 deqrees 51 minutes 10 seconds East 350.20 feet; RUNNING THENCE South 82 deqrees 11 minutes 10 seconds East 202.46 feet; RUNNING THENCE South 5 deqrees 0S minutes 40 seconds ~5.15 feet; RUNNING THENC£ North 84 deqrees 54 minutes 20 seconds West 505.52 feet to the easterly side of Little Neck Road; RUNNING THENCE alonq the easterly side of Little Neck Road tho foitowtnq 2 courses and distances: 1. North 0 deqrees l? minutes 00 seconds East 254.05 feet; 2. North O deqrees 25 minutes 30 seconds West 261.50 feet to the point or place of, BEGINNING. .J{i,, ' :33 3 ',!~ , ', ' !: '/,!:HI3 GWEN ~Y ~ STATE OF CALIFORNIA) ~- )SS.: COUNTY OF~ ~(56{C~O On the ~ day of~U~US~, GWEN JOY, to me known to b~ the executed the foregoing 1990, before me personally came individual described in and who instrument, and acknowledged that she executed same. KI~BERLYJILL HENRII~SEN ~, WALTER E. Si~MONgbN STATE OF FLORIDA ) )ss.: COUNTY OF PO~ ) On the ~O~ day of ~%~%~, 1990, before me personally came WALTER E. SIMONSON, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed same. MyCommi~ionExplr~sAugusf30,~i~lXtary Public DOROTHY P3~WELL STATE OF~9~TI~ ) ~ )SS.: COUNTY OF ~q~£oc~ ) On the ~ day of ~u~, 1990, before me personally came DOROTHY POWELL, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed same. ~ No~llC · ' 2008 RECORD AND RETURN TO: Michael J. Hall, Esq. 1050 Youngs Avenue Southold, New York 11971 DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this ~O1~ day of ~)~3~o~ , 1990, by MARION ROBINS, residing at 1550 Strohson Road, Cutchogue, New York; RUTH E. SIMONSON, residing at 2577 Fortesque Avenue, Oceanside, New York; GWEN JOY, residing at 1131 Ohio Street, Redlands, California; WALTER E. SIMONSON, residing at 806 East Osceo~la Avenue, Lake Wales, Florida;. and DOROTHY POWELL, residing at 422 Glen Woods Court, Bordman, Ohio; hereinafter referred to as ,'Declarants." W I T N E S S.E T H: iO0 o lo ~ 31 ~ re i~ed on' the site by adequate drainage structures. . WHEREAS, Declarants are the owners in fee simple of a certain parcel of land situate at Cutchogue, Town of Southold, County of Suffolk, State of New York, and designated on the Suffolk County Tax Map as District 1000, Section 103, Block lQ, and Lot 2; being the same premise conveyed to Declarant by deed dated October 16, 1976, recorded in the Suffolk County Clerk's office on November 12, 1976, in Liber 8139, Page 597, and referred to herein as the "premises." WHEREAS, the Declarants intend to subdivide said premises for residential purposes and desire to subject said premises to certain reservations, restrictions, conditions, covenants and agreements. NOW THEREFORE, the Declarants do 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 so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth. 1. No lot shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. There shall be no further subdivision in perpetuity. 2. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the intersection of Little Neck Road with Baldwin Place to facilitate turn~ at the corner and to enhance the streetscape. 3. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of the intersection of Strohson Road with Baldwin Place. to facilitate turns at the corner and to enhance the streetscape. 4. All. stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be 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 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. 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 under Liber Page IN WITNESS WHEREOF, this indenture has been executed the day and year first above written. MARION ROBINS STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the 70~day of ~, 1990, before me personally came MARION ROBINS, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she same. executed ~C~. ~m~,~, ~-0 Notary STATE OF NEW YORK) ) ss.: COUNTY OF NASSAU) On the /0 ~fday of -, 1990, before me personally came RUTH E. SIMONSON, to me k o be the individual described in and who executed the foregoing instrument, and acknowledged that she executed same. NOTARY pUBLIC, Slate o! NeW york, No. 30'~'~B5068 Qua tied in Nassau County ~l t ~mml~sion Expires Aug- 3% 19~ 11270 159 PRIVATE WELL COVENANTS DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION jade this /~- day of MA~Io~ ROBIHS, residing at 1550 Stroh~on Road, utchogue, New York. C , 1999, by RUTH E. SIMONSON, residing at 2577 Fortesque Avenue, Oceanside, New York; GWEN JOY, residing at 1131 Ohio Street, Redlands, California; WALTER E. SIMONSON, residing at 806 East Osceolla Avenue, Lake Wales, Florida; and DOROTHY POWELL, residing at 422 Glen Woods ~ourt, Bordman, Ohio; hereinafter referred to as "Declarants;,, as the owner of premise~ described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: WHEREAS, DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct and/or approval of plans for a single family residence, a subdivision or development or other construction project on the PREMISES; and WHEREAS, the PREMISES are to be served by an individual site private well; and WHEREAS, the test wells sampled for the PREMISES indicated that test results were within the minimum drinking water standards and/or guidelines of the State of New York and results are attached hereto as Schedule C. Each chemical parameter which exceeds 60% of the acceptable level is indi- cated with an asterisk; and WHEREAS, it has been determined that water quality of private wells is subject to change; and WHEREAS approval of the DEPARTMENT does not guarantee that the water quality will always meet drinking water standards; and i~ WHEREAS the DEPARTMENT recommends periodic comprehensive water analysis of such well in order to monitor the water quality to prevent the unknowing consumption of contaminated .// water, the DECLARANT, its successors, heirs, or assigns SCDHS PRIVATE WELL COVENANTS A (REV. 1/9l) ROBBINS COVENANT AND RESTRICTTON - PA( SOUTHOLg ' '" tamination in excess of · agrees th.at i~ said Water analysis should i ' - and/or guidelines of ~h t~he minimum drin~;~ndlcdte w~t~ .... .e otate o uA.. .,'"',~"g Wate~- A. Connect to public Water, or required to, B. install to meet the minimum dr~nk~ng'w~te~ standards necessary Wate~ C~nd*~On~ng equ/pme~ guidelines of the State of New York. ~ WHE~ DEC~T appeared before the Board of Review requesting a variance to be able to utilize a shallow wel] which does not confo~ tQ the depth or distance requirements of Suffolk County Sanitary Code and WHEREAS the Board o[ Review the County of Suffolk Department of Health Services granted waiver provided a COvenant is filed, the DEC~T, its successors, heirs or asmigns~ agrees Su~;,_ ~ hold harmless, defend and ' ~_~uz~, l~s employees of~{ .... ~ndemnlfy the County u~ ~UCR shallow well. -~z -~ ou~ Or the installation o~ use b. to Connect to a public water s'jp~ly~-upon a maln being extended w~n I'50 feet from'the-subject ~.~e~[er c. to install water conditioning equipment if ti ~ , ~y ~4. cogtam.ination in excess of ,'ell - ~----~*~-~8 O~ ~e ~tate oi New York ~ r 4. Each well shall be in,tailed with a pump c,q~acity not to exceed 10 gpl~ and pump and associated equiptme~t first be approved by the ~partment of Health Services pri~ e. All fee owners, tengnts or occupants' of the ~ub~ec~ premises shall, without hOrAce, durlng normal workin~ provide access and entry to the subject premises, bu~ldjm~s facilities to authgr~.zed ~n~:aPproprlate county in;q~e, ut~,~; official.. . ~ .,,3 . 4 The declarations set forth in the WHEREAS clauses COntained herein shall be deemed and Construed to be promises, covenants, and'restrictions as if fully repeated and set forth herein. SCDHs PRIVATE WELL COVEN~.NTS (R~V. 1/9]) ROBBINS COVENANT AND RESTRICTION - PAGE 2 forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. ~All of the covenants and restrictions contained herein shall be construed to be in addition to and not in deroga- tion or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised~ amended, or promulgated. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. The aforementioned Restrictive Covenants shall be enforce- able by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability what- soever upon the County of Suffolk or any officer or employee thereof. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the DEPARTMENT? If any section, subsection, paragraph,' clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, un- lawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or ~n- constitutional. Local Law #32-1980 - The DECLARANT represents and warrants that he has not offered or given any gratuity to any offi- cial, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the perfor- mance of an agreement, and that such person has read and is familiar with the provisions of Local Law #32-1980. LS bX Z STATE OF NEW YORK) ) ss.: COUNTY oF SUFFOLK) On the /O day Of~/~ Y MARION ROBINS, to me known to b~ who executed the executed same. 199~, before me personally came the individual described in and foregoing instrument, and acknowledged that she ST~T~ O~ NE~ YO.~) J~Pgik ) s~.: COUNTY OF~) Notary Publi~// -- On the /f~/---~day of /~/ , 199~, before me personally came RUTH E. SIMONSON, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed same. STATE OF CALIFORNIA) Notary Public On th day of -/ , 199~, before me personally came GWEN~JOY, to me known to b~the individual described in and who exe~~ ~~LXnq rumen~ and acknowledged that she _ ~ ~_ ~ : -~-~' / ~ ~ ~otar~ Public On the ~%~ day of ~(~< , ~, before me personally came WALTER E. SIMONSON, to me known to be the individual described in and who executed the foregoing inst~ent, and acknowledged that ~tar~ Pulid ~V ~ommkJon Ex,ires Ju~ 17, 1994 STAT . COUNTY OF ~-- )ss.:) f.~/~'"~ / On the ~ day o , , 199~, before me personally came DOROTHY POWELL, to me known to be the individual described in and who executed the foregoing insolent, and acknowledged that she executed same. RECORD AND RETURN TO: Michael J. Hall, Esq. 1050 Youngs Avenue Southold, New York 11971 (1) Lab It Field No. {51 ) Date Time Col. By 11270 144 $89357 Rec'd in Lab Public Water Private Water Other Date Completed SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES DIVISION OF MEDICAL LEGAL INVESTIGATIONS & FORENSIC SCIENCES PUBLIC HEALTH LABORATORY (3) Last Name (4) Street No. (8) Community Mailing Address PESTICIDE ANALYSIS OF WATER (9) Street (2) First Sampling Point -i~{ O..~ ~ (20) Pub (15) Distance to Farm (30) Map Coordinates (31) Well Depth (57) Resample? Last Result Ncom ~ / I Yes Key R No __ (14) District (13) Section (16) Block / (17) Lot / Remarks / Owner /O©O COMPOUND PPB MG/L (223) Aldicarb .................................. (425) Aldicarb Sulfoxide ....................... (426) AIdicarb Sulfone ........................ (224) Carbofuran .............................. (427) 3-Hydroxycarbofuran .... (428) Oxamyl .................................. (429) Carbaryl ........................ 1554) 1 -Naphthol ............................ 14~0} Methom¥1 ............... Lab No. Field No. Dale: Time: Col. By: (Name nol initialsl Date Received i1~ Lab Public Water Private Water Other Date Completed Examined By SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES PUBLIC HEALTH LABORATORY CHEMICAL EXAMINATION OF WATER Name p... 0 ,~ [ /'0_.~ .~ U ,~. -"~, LJ.-), Point of Collection ~.¢ <~,_c,c,~ ~-~ Owner or District (1) Results Reported as Micrograms F ( Complete [] Metals Only 75 ~mhos/cm ~ {~ 84 T. Nka~inity Img/I CaCO3) 81 , MGAS lin(J/l} L / J Nitrdes f 78 Nitrates (m9/I NJ L~ ~ 83 Ca Hardness Jrng/I CaCO3J ~1 Ruodde Img/I F} 76 Free Amme~ia (mg/1 N) ~ ~J (J '~. Mg Hardness {mg/I CaCO3) 77 Ni~es {mg/I N) [ 00 Iron {m,~ Fei 101 Mangane~e{rng/iMnl ~),(~ 1~ Cadm~m {1) a2 C~p~w {mg/I Cu} '- 06 Sodiumfrng/INa) ~ ~, ~26 S~,~' Itl 03 Z,nc[rag/IZn) ~ ~, 104. Chromium (1) 121 Barium (rn¢l Ba) Director ~ Merklian American Title inSUranCe Company 112'70 1 7 Company Title No. 2002436 Ai~ENDED DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lyinq and being near Pecoeic, In the Town of Southold, Suffolk County. Ney York, bounded and described as follows, to wit: BEGINNING at s point vhere the boundary line between land formerly of Hary Weller and now or formerly of Ounhuber and Bernhard and the property herein described meets the easterly line of L~ttle NecR Road; and RUNNING THENCE South 81 deqrees 51 minutes IO seconds East 350.20 feet; RUNNING THENCE South 82 deqrees 11 minutes 10 seconds East 202.46 feet; RUNNING THENCE South 5 deqrees 05 minutes 40 seconds 4~5.15 feet; RUNNINg THENCE North 84 deqrees 54 minutes 20 seconds West 505.5/ feet to the easterly side of Little Neck Road; RUNNING THENCE alonq the easterly side of Little Neck Road the followinq 2 courses and distances: 1. North 0 degrees 17 minntes O0 seconds East 254.05 feet: 2. North 0 degrees 2S minutes 30 seconds Nest 261 50 feet to the point or place of, BEGINNING. STATE OF CALIFORNIA) COUNTy OF ~ s.: on the ~ day of~' ~-, 1990 GWEN JOY, to me kno executed the ~-- w~ to b~ the ~-~ '. ~efore me Dew executed ~ ~uregolng inst~,,~ ~u~Vl~ual desc~~y Came ~.~_ - ..... en~, and acU~__~d in and who STATE OF FLORIDA ) )ss.: COUNTy OF go, % ) WALTE~nE~h~I~N+~SO ~a ~k~o~%~, 1990, before me and N~o°~e who executed the wn to be th~ ~-=~ . . personally ca he executed Same. foregoing i ~ ~nu~VlGual described nstrument, and acknowledged that STATE OF~9~rrO- ) ~ )ss.: COUNTy OF On the 7f~-- day of ~;u~ DOROTHy POWELL, to me known ~o b~ ~n~ai ~escrlbed in and who executed the foregoing i ~e~pers~nally Came executed Same. nstrument, and acknowledged that she RECORD AND RETURN TO: Michael j. Hall, Esq. 1050 Youngs Avenue Southold, New York 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 Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be e~titled to notice of such public hearing but their consent to such modification shall not be required. 6. 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 under Liber Page IN WITNESS WHEREOF, this indenture has been executed the day and year first above written. MARION ROBINS STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the /0~day of ~, 1990, before me Personally came MARION ROBINS, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed same. I~lm,/~umlc, ~6~lS,l~ONeWYm'k STATE OF NEW YORK) ) SS.: COUNTY OF NASSAU) On the /0~day of -,'1990, before me personally came RUTH E. sIMONS0N, tome known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed same. °~ Notar~ Public H~.t. ENG. sIMON "r~ taC~TARY pUBLIC, State ol New To DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this~ ~1~ day of ~/3~o~T~ , 1990, by MARION ROBINS, residing at 1550 Strohson Road, Cutchogue, New York; RUTH E. SIMONSON, residing at 2577 Fortesque Avenue, Oceanside, New York; GWEN JOY, residing at 1131 Ohio Street, Redlands, California; WALTER E. SIMONSON, residing at 806 East Osceo~la Avenue, Lake Wales, Florida;' and DOROTHY POWELL, residing at 422 Glen Woods Court, Bordman, Ohio; hereinafter referred to as "Declarants." W I T N E S S E T H: WHEREAS, Declarants are the owners in fee simple of a certain parcel of land situate at Cutchogue, Town of Southold, County of Suffolk, State of New York, and designated on the Suffolk County Tax Map as District 1000, Section 103, Block 1~, and Lot 2; being the same premise conveyed to Declarant by deed dated October 16, 1976, recorded in the Suffolk County Clerk's office on November 12, 1976, in Liber 8139, Page 597, and referred to herein as the "premises." WHEREAS, the Declarants intend to subdivide said premises for residential purposes and desire to subject said premises to certain reservations, restrictions, conditions, covenants and agreements. 20 0 03 NOW THEREFORE, the Declarants do 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 so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth. 1. No lot shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. There shall be no further subdivision in perpetuity. 2. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the intersection of Little Neck Road with Baldwin Place to facilitate turns at the corner and to enhance the streetscape. 3. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of the intersection of Strohson Road with Baldwin Place. to facilitate turns at the corner and to enhance the streetscape. _~ 31 |W{} re~it 4. All.stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be bed o~ the site by adequate drainage structures. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kennelh L. Edwards Tclephonc (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 April 7, 1992 Marion Robins 1550 Strohson Road Cutchogue, New York 11935 RE: Minor Subdivision Marion Robins SCTM~1000-103-10-2 Dear Mrs. Robins: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 6, 1992. BE IT RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated January 3, 1991. Conditional final approval was granted on July 15, 1991. All conditions of final approval have been fulfilled. 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 yours, Bennett Orlowski, Jr~. ~5 Chairman Encl. cc: Victor Lessard, Principal Building Inspector Scott Russell, Assessors Office Michael Hall, Attorney at Law SENDER: SUBJECT: SCTM~: COMMENTS: SUBMISSION WITHOUT COVER LETTER 11270P 1.39 PRIVATE WELL COVENARTS DECLARATION OF COVENANTS AND RESTRICTIONS D~C~kRATZOM made th. ia /~/- day o£ ~,/~i · 1999, by MARION ROBINs, residing at 1550 Strohson Road, Cutchogue, New York; RUTH E. SIMONSON, residing at 2577 Fortesque Avenue, Oceanside, New York; GWEN JOY, residing at 1131 Ohio Street, Redlands, California; WALTER E. S~MONSON, residing at 806 Wales, f~I~da; and DOROT,¥ POWELL ~.Osoe~lla Avenue, Lake Court, -*..~=r rererred to as "Declarants;- ~- - -v~uman, Ohio; her-~-=~-- ,_ ~=u~ulng a= 422 Glen ~oo~ described in SChedule "A" a _ _ as the Owner of premis~ nnexe~ hereto (hereinafter referre~ s the PREMISES) desires to restrict the use and enjoyment of sa~dt° as PREMISES and has for such purpOses determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be Conveyed subject to the following covenants and restrictions~ 1. WHEREAS, DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct and/or approval of plans for a single family residence, a subdivision or development or other construction project on the PREMISES; and 2. WHEREAS, the PREMISES are to be served by an individual os- site private well; and WHEREAS, the test wells sampled for the PREMISES indicated that test results were within the minimum drinking water standards and/or guidelines of the State of New York and results are attached hereto as Schedule C. Each chemical parameter which exceeds 60% of the acceptable level is indi- cated with an asterisk; and WHEREAS, it has been determined that water quality of private wells is subject to change; and WHEREAS approval of the DEPARTMENT does not guarantee that the water quality will always meet drinking water Standards; and WHEREAS the DEPARTMENT recommends periodic comprehensive ~ water analysis of such well in order to monitor the water quality to prevent the unknowing consumption of contaminated ~/ water, the DECLARANT, its successors heirs, or assigns SCDHS PRIVATE WELL COVENANTS A (REV. ROBBINS COVENANT AND RESTRICTTON - PA( SOUTHOL9 TOWN agrees that if Said Water analysis shoul di tamination in Cess of . · and/or guldel~ ~, ,L the m~n~mum drin~ .Cate Water con- ~ suCCesSor, ~ .. s ~ ~ae State of m~ ,,-"t"w water Stan( ~ A. ~"" "'~y De requlred to, ..... ~' ~Ls =_~ connect to public water, or ~ B. install necessary water COnditioning equipl,en( ~.~ to meet the minimum drinking Water standards ~ guidelines of the State of New York. WHE~J%S D~C~T ap~ared before the Board of Review reque~ting a variance to able does not confo~ tQ the d~th or to utilize a shallow well which Suffolk County Sanitary Code and distance requirements of the County of Suffolk Departmen~ WHEREAS ~he Board of Review ' of Health Services granted waiver provided a COvenant is filed, the DEC~T, its ~ucce~ors, heirs or as~ignB~ agrees a. to hold ha~less, defend and indemnify the County oi Suffolk, its employees, officers, or agents ~rom any claim ~or damages or injuries that mgY arise out of the installation o~ use of such shallow well. . b. to Connect to p~public w2ter"s'~lkl=u6on a p~b~ic-water mash being extende~w~ih i50 feet from-the-subject premises. c. to lnmtall water condition' - ' . s~pply baa contamination ( ....... in~ ~gUspment ~ the ,,'ell d. Each well shall ~ in'tailed with a pump.capacity not to exceed 10 gpm and pump an~ associated equ~ptment first be approved bY the ~partment of Health Servicus i,riur certification. ~ . e. All fee owners, ~enants or occupants of ~he subjec~ premises shall~ without notice, duri~]g normal workin~ hours, provide access and el~try to the Subject p~umlses, bu~;d~qs facilities ~o authgrJ, zed · . .., ~: · . The declarations set forth in the WHEREAS clauses contained herein shall be deemed and construed to be promises, covenants, and 'restrictions as if fully repeated and se~ forth herein. SCDHS PRIVATE WELL COVENANTS (REV. ROBBINS COVENANT AND RESTRICTION - PAGE 2 The DECLARANT, iti sucCessor~ and/or assigns shall set forth these covenants, agreements and de~arations in any and all leaf to occupants, tenants an~r lessees of the above descr~ property and shall, by tKeir terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. .~All of the covenants and restrictions contained herein shall be construed to be in addition to and not in deroga- tion or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revisedI amended, or promulgated. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. The aforementioned Restrictive Covenants shall be enforce- able by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability what- soever upon the County of Suffolk or any officer or employee thereof. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the DEPARTMENT. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, un- lawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal unlawful, invalid, or ~n- constitutional. ' Local Law #32-1980 - The DECLARANT represents and warrants that he has not offered or given any gratuity to any offi- cial, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the perfor- mance of an agreement, and that such person has read and is familiar with the provisions of Local Law #32-1980. .. 11270,~i142 MARION ROBINS, to me known who executed the foregoing executed same. STATE OF NEW YORK) ) ss.: COUNTY oF SUFFOLK) On the /O day df~~ , 199~, before me personally came to be the individual described in and instrument, and acknowledged that she STATE OF NEW YO~K) 3~t~ I ss.: COUNTY Notary Publi~// / On the /l'7---~day of /~f,/ , 199~, before me personally came RUTH E. SIMONSON, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed same. Notary Public -~ £UCRE~IA ~ MOHR '" ~ote~ Public, S~ate of N~ y~ STATE OF CALIFORNIA) / No. Quelifl~ In Suffolk Coun~ ~ ~ .~ )ss.: COUNTY OF~ ~~>~n~'~m ~ ) ~ml~ ~pires Jan~, 19..~.. WENHJOY, to me known to b~the ~ ,on ~ ~ o~ aL . ~..~. ~e~o~e ~e .e~o.a~ ca~e individual described in and who exec~~~ru~en~ .and acknowledged that she exec~mg~LI,E ~N ~HLITTLER ~ // j j STATE OF FLORIDA ) )ss.: cou.~ o~ ) On the ~ day of ~E~% , ~, before me persona11~ came WALTER E. SIMONSON, to me known to be the individual described in and who executed the foregoing instr ent, and ac owledged that e ecu e sa e. ~y ~ommission Expires July 17, 1994 STATE OF-,~ ~O~,~ couNTy oF ~))ss': f~ / On the ~ da~ o , , 199~, before me personally came DOROTHY POWELL, to me known to be the individual described in and who executed the foregoing ins~tru/ent, and acknowledged that she executed same. .~)~FI~J~-~~~~. ~ / No%ary Public RECORD ~D RETURN TO: Michael J. Hall, Esq. 1050 Youngs Avenue Southold, New York 11971 (1) Lab # Field No. (51) Date Time Col. By 11270 144 89357 Rec'd in Lab ~ Public Water Private Water Other Date Completed SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES DIVISION OF MEDICAL LEGAL INVESTIGATIONS & FORENSIC SCIENCES PUBLIC HEALTH LABORATORY (3) Last Name 14) Street No. (8) Community Mailing Address PESTICIDE ANALYSIS OF WATER (9) Street -~"~ ~ C,-~ -~ ~ ~ {2) First / Sampling Point -~q. O,_S ~ (20) Pub Ncom 'L--~'~Priv (15) Distance to Farm ~') ft. (30) Map Coordinates / / (31) Well Depth ft. {57) Resample? Yes Key R No __ Last Result (14) District (13) Section (16) Block (17) Lot Remarks Owner COMPOUND PPB MG/L (223) Aldicarb .................................. ~'~ (425) AIdicarb Sulfoxide ....................... (426) Aldicarb Sulfone ........ (224) Carbofuran ....................,. (427) 3-Hydroxycarbofuran ....... - (428) Oxamyl ...................... .7 ......... (429) Carbaryl ...................... (554) l-Naphthol ............................... {4.30) Methomyl ................ 11270~Iq6 Lab No. Field No. Dale: Time: Col. By: loll __ ,~/ (Name nol initials) Date Received in Lab Public Water Private Water Other Dale Completed Examined By SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES PUBLIC HEALTH LABORATORY CHEMICAL EXAMINATION OF WATER Name Loca,on Point of Collection ~'~ (~..-~ Owner or District Remarks: (1) Results .-4.-- Complete 78 Nitrates {n~ll N) I 83 Ca Hadness Img/I CaCO3J SO 76 Free Ammm~ialmg/IN) I I ~ Hardne~slmg/lCaCO3J I 77 Nif~es,mg/lNJ I00 Im~lmg/IFe' I L~b~ .125 Selenium · (1l J l:bl l,; 03 I Zinc[mgflZn) 104 Cl~omium 'llllI '- -"-' ,', I (.~.t .J~. Director American Titl [nsurance Compan 112'70 1 I ~ Mmidian Company Title No. 2002436 ANENDED DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lylnq and belnq near Peconlc, In the Town of Southold, Suffolk County, New York, bounded and described as follows, to wit: BEGINNING at a point where the boundary line between land and the property herein described meets the easterly line of Little RUNNING THENCE South 01 deqrees 5l minutes 10 seconds East 350.20 feet; RUNNING THENCE South 82 deqreen 11 minutes 10 seconds East 202,46 feet; RUNNING THENCE South 5 deqrees 05 minutes 40 seconds 4~5.15 feet; RUNNING THENCE North 84 deqrees 54 minutes 20 seconds Ne~t 505.57 feet to the easterly side of Little Neck Road; RUNNING THENCE alonq the easterly side of Little Neck Road the foltovtoq 2 courses and distances: I. North 0 deqrees l? minutes 00 seconds East 254.05 feet; 2. North 0 deqrees 25 minutes 30 seconds Nest 261.S0 feet to the point or place o£ BEGINNING. SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTM~: COMMENTS: pI. AFINING 80AI~D ,,, 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 SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 January 14, 1992 Marion Robins 1550 Strohson Road Cutchogue, New York 11935 RE: Minor Subdivision Marion Robins SCTM~ 1000-103-10-2 Dear Mrs. Robins: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, January 13, 1992. BE IT RESOLVED that the Southold Town Planning Board grant a ninety (90) day extension of conditional final approval. Conditional final approval was granted on July 15, 1991. The 90 day extension will expire on April 15, 1992 unless all conditions of approval have been fulfilled. Please contact this office if you have any questions regarding the above. Very truly yours, Chairman cc: Michael Hall 1550 Strohson Road Cutchogue, N.Y . 11935 January 10,1992 Southold Town Planning Board Main Road Southold, ~Yf 11971 Dear Planning Board Members, RE: Minor Subdivision ~rion Robins SCTMi~? 100-i03-10-2 I would like to request ~ extension of Sketch approval until the season permits me to have the street trees you have requested planted. It was my fault the trees did not get planted before December l, 1991. Thank you for taking this request under consideration. Sincerely, Marion L. Robins (~ANN1NG 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 SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 SOUTHOLD PLANNING BOARD MINUTES JULY 15, 1991 Present were: Bennett Orlowski Jr., Chairman G. Ritchie Latham Richard Ward Kenneth Edwards Mark McDonald Valerie Scopaz, Town Planner Melissa Spiro, Planner Holly Perrone, Secretary Mr. Orlowski: Good evening, I would like to call this meeting to order. First order of business is to set Monday, August 12, 1991 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for the next regular Planning Board meeting. Mr. Ward: So moved. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orlowski, Mr. Latham. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Next order of business, public hearing at 7:30 p.m. Marion Robins - This minor subdivision is for three lots on 6.039 acres on the northeast corner of Baldwin Place and Little Neck Road located at East Cutchogue. _PLANNING BOARD 2 July 1991' SCTM ~1000-103-10-2. We have proof of publication in the local papers and 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? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this subdivision that would be of interest to the Board? Hearing none, any questions from the Board? Board: No questions. Mr. Orlowski: Being there are no further questions, I'll declare this hearing closed. Does the Board have any pleasure on this subdivision? Mr. McDonald: Mr. Chairman, I would like to offer the following motion. WHEREAS, Ruth Simonson, Gwen Joy, Walter Simonson, Dorothy Powell and Marion Robins, are the owners of the property known and designated as SCTM ~1000-103-10-2, located on the northeast corner of Little Neck Road and Baldwin Place in Cutchogue; and WHEREAS, this minor subdivision, to be known as Minor Subdivision for Marion Robins, is for three lots on 6.039 acres; 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 January 18, 1990; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on July 15, 1991; 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 surveys dated January 3, 1991, 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. Submission of two additional paper prints of the final map. Both maps must include the Health Department's stamp of approval. 2. Submission of a copy of the Covenants and Restrictions which were filed as a condition of .PLANNING BOARD 3 July 1991 Health Department approval. 3. Street trees are to be planted along Little Neck Road in accordance with Section A108-41 of the Town Code. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Orlowski, Mr. Latham, Mr. McDonald, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. ~lqwski: Next order of business at 7:35 p.m. and Lisa ~a~is - This lot line change is to subtract 11 feet from a~4,4'20 parcel and to add it to a 17,636 s~ foot parcel ~cated at Mattituck. SCTM $1000-126-9-26 & 18. Everyt~in~ is in order for a final hearing. I'ly :k if are any objections~to this lot line change? Hearing ~e are there any endorsementS? Hearing none, is there anyone ~ there neither pro nor con ~ut may have information pertai~ to this that would be of i~erest to the Board? Mr. Henry Rayno~: Mr. Chairman, I do n in any way represent the applicant bu~ I know both of people and I would like to endorse t~is Board's aff~ of the proposed lot line change. They~are trying to a home here and they are really nice young p~ple. They been here for several generations. Tanya from Land Use the DEC permit is fo] and the Davis' have are doing everything to requests so the DEC perm ust want to let you know that and I spoke with the surveyor's met with the surveyor's and they imize wetland setbacks per DEC s on its way. Mr. Orlowski: O.K., t~ank none, any questions f~om the Any other comments? Hearing / Board: No comment~ · Byng Mr. Orlowski: there are no q~estions, I will declare this hearing closed. Does the Board~ave any pleasure on this? Mr. Ward: M~. Chairman, I would like t~ offer the following resolution./ WHEREAS, Mark and Lisa Davis and Brad~and Kim Ulmet are the owners of the property known and deg~ignated as § A108-41 SOUTHOLD CODE § A108-41 § A108-41. Street trees. A. All trees shall be of freshly dug nursery stack and shall have grown for a period of at least two (2) years, under the same climatic conditions as the location of the development They shall be of symmetrical growth, sound, healthy, free from insect pests, disease and suitable for street trees. The average trunk diameter at a height of four (4) feet above the finished ground level shall be a minimum of two and one-half (2½) inches to three (3) inches, depending on good practice, with reference to the particular species to be planted. B. Trees shall be planted at intervals of from thirty (30) feet to forty (40) feet depending on the species and location of the lot lines along beth sides of the street and shall be within the right-of-way where their spacing from the property line will be determined by the Superintendent of Highways and the Planning Board. In order to provide visibility for traffic safety, no trees shall be planted within a minimum length of twenty (20) feet from the ends of the right-of-way curve radi- us at intersections. Where sidewalks are required, street trees will be planted on private property. C. Planting. The size of tree pits shall be as follows: Depths of all pits shall not be less than three (3) feet. In no case shall the distance from the ball to the side of the pit be less than six (6) inches. All pits shall have vertical sides unless otherwise di- rected. The soil shall be made loose and friable for a depth of one (1) foot below the bottom of all pits. D. Where, in the opinion of the Engineer, the subgrade material is unsuitable, the size of the pits shall be dug wider and deep- er than normally required. The bottom and sides shall be backfilled with topsoil and thoroughly worked into place. E. Backfill for tree pits shall consist of topsoil and manure mixed in the proportions of seventy-five percent (75%) topsoil and twenty-five percent (25%) manure. Trees shall be handled so that the ball will not be loosened. After the backfill has been firmed under the ball and around it in six-inch to eight- inch lifts, it shall be thoroughly settled with water. C A10824 s-e~- s5 § A108-41 HIGHWAY SPECIFICATIONS § A108-41 F. Staking of trees shall be done immediately after planting and maintained until final acceptance. Trees shall stand plumb after staking and shall be supported by two (2) stakes, eight (8) feet or m~re in length, driven into the ground for three (3) feet and fastened securely with double strand No. 12 steel wire through reinforced black rubber hose at the trees. G. Trees shall be wrapped with new six-inch plain burlap ban- dage when directed by the Engineer. The bandage, when used, shall cover the entire surface of the trunk to the height of the first branches. H. Pruning of any badly bruised or broken branches shall be done as directed and the cuts painted with an approved tree paint depending on the size of the cuts. All trees shall be sprayed with an approved antidcsiccant, using a power spray to apply an adequate film over trunks, branches and/or over the foliage when directed by the Engineer. I. At the time of planting, the soil around the trees shall be thoroughly saturated with water and as many times thereafter as seasonable conditions require during the period to final acceptance. J. Trees shall be planted from March i to May 1 and from Oc- tober 15 to December 1, or at such other times as the Engi- neer may direct. K. Only the following SPecies and varieties for street trees are acceptable: Spacing Scientific Name Common Name (feet) Acer platanoides Norway maple 40 Acer saccharum sugar maple 40 Fraxinus americana white ash 30 Fraxinus penasylvanica green ash 40 lanceolatus Gleditsia triacanthes honey locust 30 Gleditsia triacanthos moraine 30 inermis honey locust A10825 II - ~- SS § A108-41 SOUTHOLD CODE § A108-42 Spacing Scientific Name Common Name (feet) Quercus borealis red oak 40 Quercus palustris pin oak 40 Tilia cordata little-leaf linden 30 Tilia tomentosa silver linden 30 § A1~)8-42. Alterations or modifications to specifications. A. Whenever, in the opinion of the Superintendent of Highways, he finds that, for the best interest of the town, alterations or modifications should be made to specifications, rules and regulations, such alterations or modifications may be made on the recommendation of the Superintendent of Highways to and w/th the approval of the Town Board. B. [Added 9-20-88] In a major subdivision when the number of lots to be served by a proposed street is four (4) or fewer and, further, there is no likelihood of the street servicing more than four (4) lots, the Planning Board, at its discretion, may waive the major road specifica,tions as set forth herein and, in their place, substitute the following alternative road specifications: (1) Base course for asphalt'p, avement. (a) The base coume shaXlI, consist of three-fourths-inch stone blend or crushed c~ncrcte compacted to a four- inch depth. If clay or other unsuitable material is found below the base cours~;',]t shall be removed and replaced with twelve (12) incl"es of compacted bank- run containing ten percent (10%) or more of gravel. The twelve-inch replacement depth ,may be modified according to existing conditlor~s as approved by the Engineer. (b) The soil base shall be compacted to thc satisfaction of the Engineer and shall be smooth, parallel to and at the required depth below thc base course. The soil base shall not be in a muddy or frozen condition before placing base course material. The base course material shall be deposited on the prepared grade A 10826 ~ - ~5- ss C LEGALS NOTICE Notice of Public Hearing NOTICE IS HEREBY GIV- EN that pursuant to Section 276 of the Town Law, a public hear- ing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 15the day of ,lulv 1991 on the questio- . me f°~°~w~i~5~l.- Final approval of the minor subdivision for Marion Robins located in East Cutchogue, in the Town of Southold, County of Suffolk, and the State of New York. Suf- folk County Tax Map Number 1000-103-10-2. The property is bordered on the north by land now or formerly of Dunhuber & Ber- nhard; on the east by Strohson Road; on the south by Baldwin Place; on the west by Little Neck Road. 7:35 P.M. Final approval for the lot line change for Mark Davis located in Mattituck, in the Town of Southold, County of Suffolk and the State of New York. Suffolk County Tax Map Number 1000-126-9-18 & 26.3 P/O 26.2. The property is bordered on the north by land now or formerly of Keith & Ceclia Roberts and by land now or formerly of Robert & Theresa M. Turner; on the northeast by land now or formerly of the Nature Conservancy and the County of Sufolk; on the south by land now or formerly of Albert J. & Ann Mastropolo, by land now or formerly of Arabella S. McDermott, by land now or formerly of Dan J. Stack, by land now or formerly of Daniel J. Stack, Jr. and wife and by land now or formerly of Paul & Teresa M. Gaigiani; on the southwest by land now or formerly of Wallace A. & .loan R. Smith; on the west by land now or formerly of Oscar & Loretta Marcellino, by land now or formerly of Doris Markoff, by land now or formerly of Doris Markoff and by land now or formerly of Gerard S. Bohlander. Any person desiring to be heard on the above matter should appear at the time and place above specified. · Dated: June 26, 1991 BY ORDER OF I'HE SOUTHOLD TOWN PLANNING BO ~.RD Bennett Orlowski, Jr. Chairman 1X-7/4/91(95) COUNTY OF SUFFOLK ss~:._ S'I'A'I'I:. OF NEW YOI(K Patricia Wood,' being duly sworn, says that she is the F_ditor, of 'I'HF, LONG ISLAND TRAVF,LF,R-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, II,ts been published in sitid Long Island -I'ravelet-Watchman / weeks once each week for ........................... successively, commencing on the ~3/""/ . 3,,-/ Sworn Io before mc this ..................... (lay Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, St"te of New York No. 4~0G846 Qualified in Suffolk Cot)ntyL C0almissi0a Expires 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 ,June 25, 1991 SCOTI' L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Michael J. Hall Attorney At Law 1050 Youngs Avenue Southold, New York 11971 RE: Minor Subdivision Marion Robins SCTM% 1000-103-10-2 Dear Mr. Hall: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, June 24, 1991. Be it RESOLVED that the Southold Town Planning Board set Monday, July 15, 1991 at 7:30 P.M. for a final public hearing on the maps dated January 3, 1991. Please note that the Planning Board will require that street trees be planted along the street frontage on Little Neck Road as a condition of final approval. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTM~: COMMENTS- 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 January 15, 1991 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Michael J. Hall Attorney At Law 1050 Youngs Avenue Southold, New York 11971 RE: Marion Robins SCTM# 1000-103-10-2 Dear Mr. Hall: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, January 14, 1991. BE IT RESOLVED that the Southold Town Planning Board grant two retroactive six month extensions of sketch approval. The extension will expire June 18, 1991. This is the last extension that the Planning Board will be granting. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman January 7, 1991 Southold Town Planning Board Main Road Southold, NY, 11971 Re: Robbins Minor subdivision - Cutchogue Gentlemen: Please be so kind as to extend the time period for Final Site Plan approval. We experienced a delay in obtaining a variance from the Suffolk County Health Department. That Health Department variance has now been obtained and I have delivered the mylars and prints of the subdivision to the SCHD. As you know. this is a three lot minor subdivision consisting of three conforming lots. thank you for your consideration. I have enclosed a conformed copy of the required Covenants and Restrictions which were recorded in Suffolk COunty Clerk's office on 12/31/90 in Liber 11197 page 100. One additional Covenant required by the Health Department is now being drafted (this covenant limits the rate at which water may be pumped on the premises). cc:Marion Robbins Sincerely, DECLARATION OF COVENANTS AND RESTRICTIONS DECLAP~kTION made this ~O day of ~YU~o6~ , 1990, by MARION ROBINS, residing at 1550 Strohson Road, Cutchogue, New York; RUTH E. SIMONSON, residing at 2577 Fortesque Avenue, Oceanside, New York; GWEN JOY, residing at 1131 Ohio Street, Redlands, California; WALTER E. SIMONSON, residing at 806 East Osceo~la Avenue, Lake Wales, Florida;' and DOROTHY POWELL, residing at 422 Glen Woods Court, Bordman, Ohio; hereinafter referred to as -Declarants." W I T N E S S,E T H: WHEREAS, Declarants are the owners in fee simple of a certain parcel of land situate at Cutchogue, Town of Southold, County of Suffolk, State of New York, and designated on the Suffolk County Tax Map as District 1000, Section 103, Block iQ, and Lot 2; being the same premise conveyed to Declarant by deed dated October 16, 1976, recorded in the Suffolk County Clerk's office on November 12, 1976, in Liber 8139, Page 597, and referred to herein as the "premises." WHEREAS, the Declarants intend to subdivide said premises for residential purposes and desire to subject said premises to certain reservations, restrictions, conditions, covenants and agreements. NOW THEREFORE, the Declarants do 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 so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth. O0 o o3 tO 1. No lot shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. There shall be no further subdivision in perpetuity. 2. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the intersection of Little Neck Road with Baldwin Place to facilitate turn~ at the corner and to enhance the streetscape. 3. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of the intersection of Strohson Road with Baldwin Place. to facilitate turns at the corner and to enhance the streetscape. 4. All.stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be f_.'~l ,~ red, lied o~ the site by adequate drainage structures. JAN - ~ 1991 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 Planning Board of the Town of Southsld aster 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. The final map Declaration of Covenants Suffolk County* Clerk's subdivision under Liber shall bear the following note: A and Restrictions has been filed in the office which affects lots in this Page IN WITNESS WHEREOF, this indenture has been executed the day and year first above written. MARION ROBINS STATE OF NEW YORK) ) SS.: COUNTY OF SUFFOLK) On the J0~daY of ~, 1990, before me Personally MARION ROBINS, to me known to be the individual described in who executed the foregoing instrument, and acknowledged that executed same. O.~m~,~l~...~ Notary PubI c '~. SiMONSO came and she STATE OF NEW YORK) ) SS.: COUNTY OF NASSAU) On the /0 ~day of ~-, 1990, be,fore me persqnally came RUTH E. sIMONSON, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she Notar~ Public · oTARY 'I~USL~C' stats o! New N '~o 3f).4~SS068 . "'in Nassau ~u~ty . ~_ ~fledEx ires Aug 3~, 19~ ' 11 97 !03 ( GWEN S~ATE OF CALIFORNIA) ~ ~ )SS.: cou Y orCDa On the c-~ day of~u.~c%t~5'}'-, GWEN JOY, to me known to b~ the executed the foregoing executed same. ~o~:':':':':':'~ KIMBERLY JILL flENRIKSEN ~ 1990, before me personally came individual described in and who instrument, and acknowledged that she -~//N~tary Public · STATE OF FLORIDA ) )SS. : COUNTY OF PO ! ~ ) On the c70+% day of ~%u~%, 1990, before me personally came WALTER E. SIMONSON, to me 'known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed same. My Commission Expires Augusf 30, ~tary Public STATE OF~ ) ~ )SS.: COUNTY OF ~q6£0~ ) On the ~? day of ~, 1990, before me personally came DOROTHY POWELL, to me known to be the individual described in and who executed the foregoing'instrument, and acknowledged that she executed same. RECORD AND RETURN TO: Michael J. Hall, Esq. 1050 Youngs Avenue Southold, New York 11971 April 19, 1990 Town of Southold Planning Board 53095 Main Road Post Office Box 1179 Southold, New York 11971 Re: Minor Subdivision for Marion Robins SCTM# 1000-103-10-2 Gentlemen: With reference to your request of March 6, I am enclosing a draft Declaration of Covenants and Restrictions for your review. 1990, Please advise. MJH/bal enc. cc: Sincerely,/ Mi~.h~el J. Hall Marion Robins DRAFT DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of , 1990, by MARION ROBINS, residing at 1550 Strohson Road, Cutchogue, New York, hereinafter referred to as "Declarant." WITNESS ETH: WHEREAS, Declarant is the owner in fee simple of a certain parcel of land situate at Cutchogue, Town of Southold, County of Suffolk, State of New York, and designated on the Suffolk County Tax Map as District 1000, Section 103, Block 10, and Lot 2; being the same premise conveyed to Declarant by deed dated October 16, 1976, recorded in the Suffolk County Clerk's Office on November 12, 1976, in Liber 8139, Page 597, and referred to herein as the "premises." WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desire to subject said premises to certain reservations, restrictions, conditions, covenants and agreements. 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 so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter sst forth. 1. No lot shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. There shall be no further subdivision in perpetuity. 2. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the intersection of Little Neck Road with Baldwin Place to facilitate turns at the corner and to enhance the streetscape. 3. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of the intersection of Strohson Road with Baldwin Place to facilitate turns at the corner and to enhance the streetscape. 4. Ail stormwater runoff resulting from the development an~] improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures. 5. These covenants and restrictions, can b.e modified only at the request of the then owner of the premises wlth..~]/e appr~vai Of a mjaority-plus one of the Planning Board ol?t~-~T~ ~f SOuthol{? after a public hearing. Adjoining property. ~owq~ers shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 6. 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 under Liber Page IN WITNESS WHEREOF, this indenture has been executed the day and year first above written. MARION ROBINS STATE OF NEW YORK) ) COUNTY OF SUFFOLK) ss.: On the day of , 1990, before me personally came MARION ROBINS, to me known to be the individiual described in and who executed the foregoing instrument, and acknowledged that she executed same. RECORD AND RETURN TO: Michael J. Hall, Esq. 1050 Youngs Avenue Southold, New York 11971 Notary Public RAYMOND L. JACOBS Superintendent Highway Department Town of Southold Peconic Lane Pe¢onic, N.Y. 11958 Tel. 765-3140 734-5211 March 2, 1990 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Marion Robins Subdivision SCTM# 1000-103-10-2 Dear Mr. Orlowski: I have reviewed the above mentioned subdivision as per your request and find that the twenty foot radius at the intersection of Little Neck Road and Baldwin Place referred to in item #2 of the Department of Planning report dated February 8 is not necessary. The traffic in this area is very light and after an on-site inspection by myself, I find there are ten other intersections in the immediate area without any radiuses. In reference to item #3 of the report, this inter- section is within the minor subdivision and as you mentioned is private. My comments would be the same as for item #2. I fully agree with the 4th and 5th recommendations of the Suffolk County Planning report. Resp~/lly, Raymoni~. Jacobs Superintendent of Highways Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 SCOTI'L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 6, 1990 Michael Hall, Esq, Youngs Avenue Southold, NY 11971 RE: Minor Subdivision for Marion Robins SCTM$ 1000-103-10-2 Dear Mr. Hall: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, March 5, 1990. RESOLVED to adopt the February 8, 1990 Suffolk County Planning Commission report with the following amendments (numbers correspond to numbers in report): 1. Is to remain as written. An additional item shall be added as follows: There shall be no further subdivision of any lot in perpetuity. 2 & 3. Are to remain as written. 4 & 5. Are to be omitted. The Planning Board has requested this dedication, and it is already shown on the final maps. 6. Is to remain as written. Is to be revised to read: 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 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. Is to remain as written with the addition that the Liber and page number of the filed document be included on the final map. Numbers 1,6,7 and the additional item must be presented in a Declaration of Covenants and Restrictions in proper legal form. A copy of the draft Declaration of Covenants and Restrictions must be submitted for review by the Planning Board and the Town Attorney. Once approved, the document must be filed in the Office of the County Clerk. Numbers 2,3 & 8 must be shown on the final map. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. cc: SCPC DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ February 8, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision - Marion Robins Northeasterly corner of Little Neck Road and Baldwin Place, East Cutchogue, New York. T.P.I.N. 1000-103-10-2 Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on February 7, 1990, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Marion Robins" 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 eight conditions deemed necessary for good planning and land use. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of the intersection of Little Neck Road with Baldwin Place to facilitate turns at the corner and to enhance the streetscape. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of the intersection of Strohson Road with Baldwin Place to facilitate turns at the corner and to enhance the streetscape. An 8-I/2 foot wide strip of land along Little Neck Road shall be required for dedication for road widening purposes. An 8-1/2 foot wide strip of land along Strohson Road shall be required for dedication for road widening purposes. Page -2- 6. Ail stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures. Conditions 1 and 6, shall bs filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. 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 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. File: S-SD-90-02 CGL:mb En¢l.: Map Very truly yours, Arthur H. Kurtz Director of Planning by Charles G. Lind, Chief Planner Subdivision Review Division cc: R. Villa, P.E., SCDHS DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE ARTHUR H, KUNZ DIRECTOR OF PLANNING February 8, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision - Marion Robins Northeasterly corner of Little Neck Road and Baldwin Place, East Cutchogue, New York. T.P.I.N. 1000-103-10-2 Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on February 7, 1990, reviewed the proposed subdivision plat, entitled, '~Minor Subdivision - Marion Robins" 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 eight conditions deemed necessary for good planning and land use. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of the intersection of Little Neck Road with Baldwin Place to facilitate turns at the corner and to enhance the streetscape. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of the intersection of Strohson Road with Baldwin Place to facilitate turns at the corner and to enhance the streetscape. An 8-I/2 foot wide strip of land along Little Neck Road shall be required for dedication for road widening purposes. An 8-1/2 foot wide strip of land along Strohson Road shall be required for dedication for road widening purposes. Page -2- 6. All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures. Conditions 1 and 6, 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. 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 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. File: S-SD-90-02 CGL:mb Encl.: Map Very truly yours, Arthur H. Kunz Director of Planning by. Charles G. Lind, Chief Planner Subdivision Review Division cc: R. Villa, P.E., SCDHS ~[!: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Raymond Jacobs Superintendent of Highways FROM: RE: Bennett Orlowski, Jr. Chairman Proposed Subdivision for Marion Robins SCTM# 1000-103-10-2 DATE: February 16, 1990 SCOFF L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 Enclosed please find a copy of the map for the above mentioned subdivision. Also enclosed is a copy of the Suffolk County Planning Commission report. The Commission has recommended that a short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of the intersection of Little Neck Road with Baldwin Place to facilitate turns at the corner and to enhance the streetscape.. The Commission has recommended the same for the corner of Strohson Road with Baldwin Place, however, these are private, not town roads. See numbers 2 and 3 of the report. Please review, and submit your comments, in writing, as to whether or not the above is necessary. Please comment by March 5th, as the Commission's report will be reviewed at the Board's meeting that night. Thank you in advance for your assistance. DI~PARTMENT OF' PLANNING C~)UNTY OF SUFFOLK PATRICK G. HALPIN February 8, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision - Marion Robins Northeasterly corner of Little Neck Road and Baldwin Place, East Cutchogue, New York. T.P.I.N. 1000-103-10-2 Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on February 7, 1990, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Marion Robins" 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 eight conditions deemed necessary for good planning and land use. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. A short radius curve, preferably with a.radius no greater than 20 feet, shall be provided at the corner of the intersection of Little Neck Road with Baldwin Place to facilitate turns at the corner and to enhance the streetscape. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of the intersection of Strohson Road with Baldwin Place to facilitate =turns at the corner and to enhance the streetscape. An 8-1/2 foot wide strip of land along Little Neck Road shall be required for dedication for road widening purposes. An 8-1/2 foot wide strip of land along Strohson Road shall be required for dedication for road widening purposes. Page -2- 6. All storm~ater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures. e Conditions 1 and 6, 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. 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 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. Se 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. e 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 mgp and that the subdivision map will be available to the general public in a central office of official records. File: S-SD-90-02 CGL:mb Encl.: Map cc: R. Villa, P.E., SCDHS' Very truly yours, Arthur H. Kunz Director of Planning by Charles G. Lind, Chief Planner Subdivision Review Division January 17, 1990 CUT~HOGUE FIRE DISTRICT Cutchogue, N.Y. 11935 Telephoae (516) 7344~907 Southold Town Planning Board Town Mall Southold, N.Y. 11971 Subj; Marion Robins Dear Mr. Orlowski, Reference the above, the Cutchogue Fire District does see the need for any new fire wells in the area of the Robbins properties. Should any changes in the plan develope, please call. Very truly yours, Matthew J. Martin Secretary mm/encl. SOUTHOLD PLANNING Southold Town Plannin~ Board Main Road. Southold, New York 11971 Re: Marion Robins SCTM #1000-103-10-2 Gentlemen: I am enclosing map reservations on Strobson MJH/bal enc. (5 copies) showing 8 112 foot Road and Little Neck Road. Sincerely, Michael J. Hall January 18, 1990 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 18, 1990 Michael J. Hall Attorney At Law 1050 Youngs Ave. Southold, NY 11971 RE: Marion Robins SCTM# 1000-103-10-2 Dear Mr. Hall: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Thursday, January 18, 1990. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, make a determination of non-significance, and grant a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, Bennett Orlowski, Jr. ~ /;3 ~ Chairman Encl. MS/hp 'i-own Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE ($16) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significance Date 1-19-90 This notice of issued pursuant to part 617 of the implementing regulation pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statnment will not be prepared. Name of Action: Marion Robins SCTM#: 1000-103-10-2 Location: North east corner of Baldwin Place and Little Neck Road SEQR Status : Type I ( ) Unlisted (X) Conditioned Negative Declaration: Description of Action: Yes ( ) No (X) Subdivision of 6.039 acre parcel into three 2 + acre- residential lots. SEQR Negative Declaration Con't. Reason Supporting This Determination: 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 objects 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. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 cc: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Green, DEC Commissioner Judith Terry, Town Clerk Applicant Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 IELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD Suffolk County Planning Commision H. Lee Dennison Executive Office Building - 12th Floor Veterans Memorial Highway Hauppauge, New York 11788 ,19~O Attention: Mr. Charles G. Lind, Chief Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southotd Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of - ~a~o~ '~o~,~$ Hamlet/Locality Co~¼o~u~ S.C.D.P.W. Topo No.: Zoning ~O S.C. Tax Map No.: lO00 - 10% - ~o Major Sub. Minor Sub. ~/ Site Plan MATERIAL SUBMITTED: Preliminary Plat (3 copies) /\ Road Profiles Drainage Plans (1) __Topogroaphical Map (1) Site Plan (1) __ Grading Plan (1) (1) Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet CONTINUED REFERRAL CRITERIA: SEQRA STATUS: 1. The project is an ~iste~ (Type I)(Type II)Action. 2. A ~egative Declarant(Positive Declaration) (Det~rm. of Non-Significance) has been adopted by the Planning Board. 3. E.I.S. statement enclosed. (yes) (~) 4. The proposed division ha~ ~eceived approval from the S.C. Dept. of Health. (Yes) (~) We request acknowledgement of , / receipt of this referral (Yes) ( Referral received 19 by Suffolk County Planning Commission and assigned File No. jt revised: 3/8/89 Very truly yours, / BENNETT ORLOWSKI, JR. CHAIRMAN Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: Re: 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, Town Hail. 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 10, 1990 Anthony Bladosr Secretary Cutchogue Fire District New Suffolk Lane Cutchogue, New York 11935 Dear Mr. Blados: Enclosed please find (2) surveys for Marion Robins, SCTM# 1000-108-10-2. Please notify this office as to whether any firewells are needed. Please specify whether shallow wells or electric wells will be needed. Please reply by January 24, 1990. Thank you for your cooperation. enc. hp Very truly yours, Bennett Orlowski, Jr. /Fi- Chairman Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 1197l TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Decembe~ 19, 1989 Michael Hall Youngs Avenue $outhold, NY 11971 RE: Marion Robins SCTM ~1000-103-10-2 Dear Mr. Hall: The following actions were taken by the Southold Town Planning Board on Monday, December 18, 1989. RESOLVED that the Southold Town Planning Board start the coordination process to determine lead agent and environmental significance. RESOLVED that the Southold Town Planning Board grant sketch approval on the maps dated July 5, 1989, subject to the following: The reservation of eight and one half (8 1/2) feet of land for possible future road widening along Little Neck Road. o The reservation of eight and one half (8 1/2) feet of land for possible future widening along Strohson Road. Sketch plan approval is conditional upon submission of final maps within six months of sketch approval, unless 'an extension of time is requested by the applicant and granted by the Planning Board. Please note that the above mentioned road reservations must be shown on the final maps. If you have any questions, please do not hesitate to contact this office. ~.:.~,, ~::"-.-. .. ,..' ,..- /¥,'. ~.',,~?~.~%.~,,~,:,', ~ennett Orlowskl, Jr. ~"~ Chairman 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 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: Marion Robins SCTM #1000-103-10-2 Applicant proposes to subdivide a 6.3 acre parcel into 3 parcels SEQRA Classification: [ ] Type I [XXk Unlisted Contact Person: 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:  assume agency status for this action. This agency wishes to lead [ ] 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: BENNETT ORLOWSKI, JR. CHAIRMAN _Board of Appeals Board of Trustees _Building Department Southold Town Board ~,uffolk County Dept. of Health Services ~NYSDEC- Stony Brook ~XNYSDEC-_ Albany S.C. Dept. of Public Works _U.S. Army Corp of Engineers _N.Y.S. Dept. of Transportation * Maps are enclosed for your review _ Coordinating agencies SOUTHOLD TOWN PLANNING BO,~RD December 11, 1989 Southold Town Planning Board Main Road Southold, New York 11971 Re: Marion Robins Subdivision Attention: Melissa Dear Melissa: I am enclosing deed to premises dated November 17, 1933, recorded in Liber 1741, page 340 which deed shows that the subject property contains a right-of-way over Strohson Road. Accordingly, lot #2 has access over Strohson Road. Please be so kind as to place this matter on the December 18, 1989 public meeting for site plan approval and notify me if you are able to do so. Sincerely, -- "?.--:,d ' MJH/bal enc. cc. Marion Robins September 29, 1989 Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Re: Marion Robins' Subdivision SCTM# 1000-103-10-2 Gentlemen: Inasmuch as my numerous attempts to reduce my clients' planning board application fee have failed, I am enclosing my client's check # 2451 in the amount of $2,500.00 representing the filing fee herein. Please be so kind as to put this minor subdivision on the planning board calendar at the earliest possible time. Sincerely, Mic~. Hall MJH:cs Enc. cc: Marion Robins JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD September 22, 1989 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 Michael J. Hall, Esq. 1050 Youngs Avenue Southold, New York 11971 Re: Marion Robins Minor Subdivision Little Neck Road, Cutchogue, N.Y. Dear Mr. Hall The Town Board reviewed your letter of September 5th concerning the abovecaptioned subdivision at their last work session. Unfortunately the Town Board does not have jurisdiction in this matter. This was a Planning Board decision. However, they did review the history of the case and concluded that they are in agreement with the Planning Board's decision. CC: Planning Boa rc~ Very truly yours, Southold Town Clerk September 5, 1989 Southold Town Board Southold Town Hall Main Road Southold, New York 11971 Re: Marion Robins Minor Subdivision Little Neck Road, Cutchogue, New York Gentlemen: Please be advised that I represent Marion Robins and three other members of her family, who together own a six acre parcel on Little Neck Road, Cutchogue. On or about June, 1988, on behalf of the Robins family, I applied for a minor subdivision of this parcel. After some months, the Board returned this application indicating that no action could be taken until a variance was obtained from the Southold Town Zoning Board of Appeals. After several more months and a further delay caused by the adoption of the Southold Town Master Plan at the beginning of 1989, we were placed on the Zoning Board calendar. The Zoning Board denied the variance application and we immediately resubmitted to the Planning Board for three (3) lots instead of the original four (4) requested. Unfortunately, by the time this re-application was made on behalf of the same people and on the same parcel, the Planning Board had increased the application fees five-fold. In a letter to the Planning Board dated August 14, 1989, (copy enclosed), I asked the Planning Board to allow the Robins family to pay the 1988 rate based on all the facts and circumstances of this application and also based on the age and economic status of my clients. The Planning Board denied that request. Wherefore, I am requesting that the Southold Town Board grant the Southold Town Planning Board September 5, 1989 Page 2 Robins family the right to pay the 1988 application fee. I not believe that the granting of this request will have any negative precedential impact given the facts of this case. Sincerely, Michael J. Hall MJH:pg Enc. do cc: Marion Robins August 14, 1989 Mr. Bennett Orlowski Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Re: Minor Subdivision - Marion Robins Strohson Road, Cutchogue, New York Dear Mr. Orlowski: Please consider this written request to charge Marion Robins and her siblings the previous rate for the minor subdivision she is attempting to complete at Strohson Road, Cutchogue, instead of the present rates. This subdivision was originally applied for on July 22, 1988. The Planning Board shortly thereafter returned much of the file to me in that the Planning Board would not review same until a variance was obtained by the Zoning Board. I have enclosed a copy of Mrs. Robins' check No. 2078 dated July 25, 1988 and my cover letter to the Planning Board indicating that this subdivision was originally applied for in July, 1988. The five-fold increase in the subdivision filing fees in this particular application cause a severe hardship. Mrs. Robins and her siblings are all over sixty years old and this six acre parcel is their only joint asset. Their application was complete in July, 1988, and accordingly, I respectfully request your consideration. ely, ~'iJH: pg Encs. cc: The Honorable Francis J. biurphy blrs. Marion Robins APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, .IR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appeal No. 3787: Upon application of MARION ROBINS for Variances to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of four (proposed) parcels with insufficient lot area in this pending division of land located along the east side of Little Neck Road, the north side of Baldwin Place, and the west side of Strohson Road, in the Hamlet of Cutchogue; County Tax Map District 1000, Section 103, Block 10, Lot 2. Total lot area: 6.039 acres. The premises is located in the R-80 Zone District. WHEREAS, a public hearing was held on April 13, 1989, in the Matter of the Application of MARION ROBINS under Appeal No. 3787; 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 R-80 Low Density Residential Zoning District and is identified on the Suffolk County Tax Maps as District 1000, Section 103, Block 10, Lot 2. 2. The subject premises as exists is vacant, contains a total lot area of 6.039 acres with minimum frontages (or more) along three streets: Little Neck Road, Baldwin Place, Strohson Road. Southold Town Board of Appeals -2- April 27, 1989 Special Meeting (Appl. No. 3787 - ROBINS decision, continued:) 3. By this application, appellant requests Variances from the Zoning Code for approval of insufficient lot area for: (a) proposed Parcel No. 1 of 69,621 sq. ft., (b) proposed Parcel No. 2 of 62,771 sq. ft., (c) insufficient lot area for proposed Parcel No. 3 of 66,691 sq. ft., and (d) proposed Parcel No. 4 of 63,993 sq. ft. 4. Article III, Section 100-32, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. for parcels in the R-80 Zone District. 5. In viewing the immediate area of the subject property in Section 103 of the County Tax Maps, the following parcel numbers, lot sizes, and/or Zone Districts are noted: (a) immediately to the north lot now in the ownership of Doris Bernhard and Lorraine Dunhuber, 9.9 acres (common ownership of Block 5, Lots 3 & 4 with Block 10, Lot 1; (b) the westerly, easterly and southerly boundary lines are each bordered by a street; (c) those lots opposite the adjacent streets are located in the R-40 Zone District. 6. In considering this application, the Board finds and determines: (a) that it is the burden of the landowner to prove that the area restrictions as applied to his land imposes "significant economic injury"; and the burden of proof has not been substantiated; {Matter of Cowan v. Kern, 41 N.Y. 2d 591 (1977); Matter of Fulling v. Palumbo, 21 N.Y. 2d 30}; (b that the relief requested is substantial in relation to the requirements, being a variance of approximately 22 percent, or 17,229 sq. ft. {Lot 92} less than the requirement; (c) that the premises has been located in the minimum 80,000-sq.ft. zoning district since May 1983, and upon information and belief, has never previously been divided {particularly prior to May 1983 when the minimum zoning requirement was 40,000 sq. ft.}; (d) that the difficulties claimed are not sufficient to warrant a grant of the relief requested; (e) there will be an adverse effect of increased dwelling density thus produced on available governmental facilities by the creation of precedents if the variance were allowed; Southold Town Board of Appeals -3- April 27, 1989 Special Meeting (Appl. No. 3787 - ROBINS decision, continued:) (f) there will be a change in the character of the immediate area in this zoning district and a grant of the variances requested will in effect establish a zone district at odds with all other zone districts provided for in the Zoning Code (VanDusen v. Jackson 35 A.D. 2d 58); (g) the variance if granted will in turn cause a substantial effect on the safety, health, welfare, comfort, convenience, order of the town; (h) in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will be served by denying the applica- tion as requested. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Sawicki, it was RESOLVED, that the relief requested under Appeal No. 3787 in the Matter of the Application of MARION ROBINS, BE AND HEREBY IS DENIED, (without prejudice for consideration of applications of a different nature, if deemed necessary). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Sawicki, and Dinizio. (Absent, as agreed, was: Member Doyen of Fishers Island.) This resolution was duly adopted. lk SOUTHOLD TOWN BOARD OF APPEALS Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 TELEPHONE (516) 765 -1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Zoning Board of Appeals Planning Board December Calendar December 6, 1988 Marion Robins - ZBA Application No. 3787 SCTM#1000-103-10-2 The Planning Board is not in favor of this proposal as it is inconsistent with the proposed Master Plan which was adopted by the Planning Board. F.I. Utility Co. - ZBA Appl. No. 3797 SCTM#1000-6-5-3&5 The Planning Board recommends that the building envelope for Lot No. 2 be designed so that it is setback at least 75 feet from the wetlands. The Board also is aware that this subdivision is to be for affordable housing. The Board thus recommends that a Covenant and Restriction be asked for which states that this is to be for affordable housing in perpetuity. Elizabeth McCance - ZBA Appl. No. 3798 SCTM#1000-6-5-3&6 It is the Planning Board's opinion that Lot No. 6-5-12 was merged with Lot No. 6-5-3. Research shows that both lots were purchased in the same name (McCance). The Board thus requests that the lot labeled as Assessor Map 6-5-12 be included in the subdivision as Lot No..4. The Planning Board also requests that the lot line for Lot No. be designed to allow for frontage on Cottage Place (please see attached map). The west lot line for lot 6-5-12 should be changed (see map) to allow for setbacks from the existing garage. 3 Alfred Falkowski -ZBA Appl. No. 3796SE The Planning Board is not in favor of the variance. The site is large enough to meet setbacks without a hardship. The granting of the variance will set an unnecessary precedent in this area. The surrounding properties are residential and this use should be protected by adhering to yard setbacks in accordance with the Town Code. William J. Baxter - ZBA Appl. No. 3801 The Planning Board requests that all storage be inside, and that no on site storage be allowed. The Planning Board also requests that the number of employees and uses of the building be described so as to calculate the number of parking spaces. Howard Luce (Lucas Ford) ZBA Appl. No. 3802 The Planning Board is requesting that the applicant use the same material for all four sides of the building. Also, the gable should continue around the rear of the building as it is visible from CR 48 as well as from Horton's Lane. The Board is also requiring that the building be set back to allow for a 75 foot buffer on Horton's Lane. The Board also requests that parking be in the rear, and not in the front or side of the building. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. INTERDEPARTMENTAL MEMORANDUM TO: FROM: DATE: Southold Town Planning Board Chairman and Members Valerie Scopaz, Town Planner Board of Appeal~ November 21, 1988 SUBJECT: Pending Subdivision Reviews Attached is a list of several subdivision projects which we understand have been, or are presently, under review by your office. Since we have, as of recent date, received applications concerning same, it is urged that if you wish to provide recommendations or comments concerning those elements affecting your jurisdiction, that you do so on or before December 7, 1988, and transmit a copy of your comments to the applicant or his attorney at the same time in order to keep coordination up-to-date. If we do not receive your comments by December 7, 1988, we will assume that you have no objections to the general lot-line layout as submitted and accordingly proceed. Thank you for your cooperation in this coordination. lk Page 3 - Agenda Special Meeting - November 16, 1988 Southold Town Board of Appeals II. DELIBERATIONS/DECISIONS, continued: 9. Appl. No. 3782 - JOSEPH STOCKEN. Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permission to convert existing building to retail (grocery) store, which is not listed as a permitted use in this "C-Light Industrial" Zone District, in addition to the existing sales use (of gasoline and diesel) and proposed new building for automobile servicing. South Side of Front Street, Greenport, NY. III. OTHER: A. Reminders: and supplements Re: Road, Mattituck. Suffolk County Planning Seminar to be held 11/19. SEQRA Hearing - Chris and William Connors - Town Trustees 11/17 at 7:30 p.m. Thirty-day comment period ends 11/19 on the DEIS Norris Estates, 28-acre site at Camp Mineola 4. Code Committee Meeting November 30, 1988 at 7:30 p.m. - Site Plan Section of the Zoning Code consideration. B. Resolution clarifying intent of Condition No. 2 of prior m.B.A, decision under Appl. No. 3246 in the Matter of Carrig and McDonald dated July 3, 1984. (Copies attached for Board's reference, together with letter from Henry Raynor, Jr. agent.) as C. Resolution approving Minutes of the October 6, 1988 Meeting. D. New Application - Resolutio~ determing same incomplete ~nding receipt of items per Chairman s Letter dated Nov. 2, 1988 the Matter of PETER AND JANICE STEIL at Fishers Island. E. New Applications - Resolution to hold in abeyance temporarily for timely coordinated review and comments in the general lot-line layout jurisdiction before the Planning Board on the following applications. ~'~Appl. No. 3787 - Marion Robins - Little Neck Road, ~t~n. Area variances for lots in proposed minor eaAppl No. 3797 - F.I. Utility Co., Fishers Island. variances for lots in proposed division of vacant land. Page 4 - Agenda Special Meeting - November 16, Southold Town Board of Appeals 1988 III. E. New Applications for Coordinated Reviews, continued: aApp 1- McCance, Fishers Island. No. 3798 Elizabeth variances for lots in proposed division of land with existing dwellings/nonconformities. F. New Applications for Coordinated Reviews under Site-Plan Elements of Planning Board jurisdiction and general layout of proposed parking and building ~a~ cement:  1.~ appl. No. 3796SE - Alfred Falkowski, Cox Lane, ~/ Cutchoque. Proposed office and storage. 2.) Appl. No. 3801 - William J. Baxter, N/s Main Road ~ and W/s Elijah's Lane, Cutchgoue. Proposed conversion of use to allow manufacture of classic cars and related activities. 3~. Appl. No. 3802 - Howard Luce as Contract Vendee. Special Exception for car dealership at W/s Horton Lane and N/s C.R. 48, Southold. B-1 Zone District. (Planning Board site-plan review has been pending. ) IV. Resolution authorizing and directing advertisement of the following matters for public hearings to be held on THURSDAY, DECEMBER 8, 1988 commencing at 7:30 p.m., as follows: Appl. No. 3791 - James Bergeron - Riley Ave, Mattituck. Variance to rebuild nonconforming"second dwelling. Appl. No. 3793 - James Manos - Deck Addition with insufficient setback from wetlands. Lake Drive, Southold. Appl. No. 3794 - Jerry and Mary Georges - Soundview Avenue, Southold. Addition with insufficient setback from Bluff along L.I. Sound. Appl. No. 3734 - Kathryn Fleet - Insufficient area of proposed Parcels $1 and $2. Old Pasture Road, Cutchogue. Appl. No. 3795 - Peter and Dorothy Micciche, Windy Pt. Lane, Southold. Accessory in front yard. Appl. No. 3796SE - Alfred Falkowski. Special Exception for One-Story Building for office and storage uses. 8595 Cox Lane, Cutchoque. Warren Sambach, As Agent. November 15, 1988 Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Re: Marion Robins Subdivision SCTM~1000-103-10-2 Gentlemen: With reference to the above matter, the Zoning Board of Appeals has requested that I obtain from the Planning Board your recommendations prior to submission to the Zoning Board of Appeals. (Survey enclosed) Accordingly, please be so kind as to send any comments you might have on the proposed split of the subject property to the Zoning Board of Appeals with a copy to me. MJH:pg Enc. cc: Marion Robins ~59,90 I>fl'AP, OF PIItMOF~' %UBDI\.dSIONI JUN 3 199f APPROVED BY PLANNING BOARD TOWN OF SOUTHOLD DATE ~S~I,IIIFFO~K ~OUNT¥ DEPARTMENT OF Fi ..... ~- t~is~ ~hr ' 'whi~'~~nt~¢~tye~ f~he filing of this ma on i SOLF~OLI] TOWN AMI~NID~I) MAY ;~'O, Ig~ r~ ~4.9o 259,90 ~ ~, pLANNING BOA~ T t