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1000-106.-6-36
C.P. r ' B.O.H. No. 88 - SO - 39 p�op,new loca.>`ren 2 16 14 12 B.O.H. No• 88 - SO - 40 W 0-/ �rgl/ �� _ PLOT K 38 C.P. 8 2 � 40 '// ° rr 40 36 34 32 30 / 10 c D: f S. 89 44 00 E. // 362:13 n nd / 3 G'n• -i-38 oO ac c foot cv 7n cs. be Q'9��`` w'o/( ' �e :6 5•r;.Q.O- ,,o�S Q-O-`!i 1� 32�4.i�'9 Y. V�c�'s Tc�$''•; aI0 0 yeI. sfeps I heda se/w I Mf fr! �vQ, BRYVIEW RO P/O�L0T JQ ` �yo- SO a1 P/ =y W EL-`L ` '\ 0 9 iz I nl �' ; � \ r.� moo . �x� s a �y KEY MAP LOT 1 6 Y oR P 41 ?' A ? YS 'Ir gay 2`O 44 co O .WELC. 5 R.Q X' ti - n4), :.b 1r ''Oi' bQ sA p ®d; '.PLOT O 3 s• ss - ce,� �4 sr. eq FMF y 9 0, 1 F'/0 P L O T I O U PrIlo• nEW lot r"n �...' �.. i 25.5'` . 54 e1.35Nr� .o C ( d' of we a2 U, r r. O 1 l -- -- co 3s fR� lk�i u„nn'9q� \ cP z- N .$9°4.4'Ob�r4/. 142.94' , '/ M SURVEY Io'wloE pipe , / worZ,. v7.R.O.W. / 11 m. �,, C Y f ti % ` �. / FOR A p,.K 1�. coo' / S V o - ` \ .� �' vl✓ rnl A L FR E D D. RICHAR DS P/ 0 . ti� 2 ` -;' R� qj 00 MAR JOR I E J . R ICH A o t.' P%0 PL 0 T I g 3�� �.�.- 1 F, �S _ `. en �` ,� •'s C S.89°4�4r�E'I I 90'} =-. CV I U C K '=v ? .r Q.! -• lil �r •e � P .S - L •. •_ .". `i _J ' F V _ ',. 0 P( TOWN OF SOUTH 0� D .._, , ' �'� "�•�•� _ _gP/O PL O T H cn 1 6��® 5 . =� �► -- ►� o. e, Piz-�- .� S U F F 0 L K C OUN TY,FN..Y� d 22 e " INvB EACH k cn _K - - - _ a. v • Qj ;.p!WIBE foci O O t ca I 00"� 106 06 36 .«i 0 a ty ! M RO.W. IPrP `�f I I _ SCALE I I = 40 $ ,9 ~ ® / 0 N .89° 44� 00It well 15;8;1.41 r _ - a ' . NOV, • I I ; 19 87 "► v � d T H 2O �`>' :i spy=` FEB. I0 , 1988 O 1✓- ' �"� E ':�• Is P/0 PLOT �H!:_ .. CERTIFIED TO f �� • ' AQUEBOGUE ABSTRACT CORP. AUG 24 1989 $ c ? ,� w" • s''� .� o �: w PRUDENTIAL HOME MORTGAGE CO. p �• 4 '" �6 - "� 14 •LOt;l AREA 25 706.61. SQ . FT. A'LFRED D. RICHARDS O . `k� O O o 12 ' MARJ�ORIE J . RICHARDS �} -��. KEPT. OF ' _ s O ° O OR 0. .5901 AC. to tie line a ' � Z ° �Ao+ ALTH SERVICES- .:.: �: :� ,.��• `2/ z 10 LOT 2 AREA - 36,457. 90Cn �ANQ 'a. ® '� - _ 430. 84' o:' OR 0. 8370 AC. to tie line �`� N a,. G ?' ° s w cone �� �° 6 N_ " Prepared in- accordance with the minimum # ,�+ e» �y •; ti o w.re�Senc�� TOTAL AREA _ 6 2 , 16 4.51 SQ. FT. standards for title surreys as establisher) y : `' �� a S.8 8° 59 50 W. i62 , the L t.A.L S. and (raved and ado t`' ..� 50.00' OR I . 42 71 AC. to tie line far such use by 'The Mew• York Stater and �� S _ � � BAY VI EW AVENUE ts� t� c� w�S3r�a ECONIC SURVEYORS a ENGI S-, P. C. revised 3 -29- 89 P LOT, NUMBERS REFER TO :"MAP OF SHORE ACRES " ( 516) 76 5 - 5020 FILED JA;N. 3, 1914 IN THE OFF( CE OF THE new wells q_ 30_ gg SUFFOLK j COUNTY CLERK AS MAP NO . 41 . P. 0. BOX 909 i. MAIN ROAD CONTOUR LINES ARE REFERENCED TO N .G.V. DATUM_ 3 S$ revision 5 - 26 - 89 ( e.o• H, No. •'SOUT cMISe- z-so -88 HOLD N.Y . 11971 / sasArvcSw� D.K. 87 - 798a - . O�� ri ✓yc Town Hall, 53095 Main Road f Fl t 'T SCOTT L. HARRIS P.O. Box 1179 Supervisor Southold, New York Fax (516) 7654823 11971 �� Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 27, 1990 Rudolph Bruer 320 Love Lane Mattituck, NY 11952 RE: Sanders and Schwartz SCTM# 1000-106-6-36 Dear Mr. Bruer: The following took place at the meeting of the Southold Town Planning Board on Monday, March 26, 1990. RESOLVED that the Southold Town Planning authorize the Chairman to endorse the final surveys dated February 10, 1988, subject to fulfillment of the following condition: 1. Receipt of a filed Declaration of Covenants and Restrictions. Please contact this office if you have any questions regarding the above. Very truly yours, /a+r Bennett Orlowski, Jr. Chairman 11040PC167 F !l a 27 90 DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this o&zxday of 10eC11 , 1990, by STEVEN P. SANDERS and ALBERT SCHWARTZ , residing at 13-28 208th Place, Bayside, New York 11360, hereinafter referred-to as "Declarants" . W I T N E S S E T H : DISTRICT WHEREAS, Declarants are the owners in fee simple of a certain 1000 parcel of land situate at Mattituck, Town of Southold, County of SECTION Suffolk and State of New York , containing 1 .4271 acres, and designated 106.00 on the Suffolk County Tax Map as District 1000, Section 106, Block 06 , BLOCK and Lot 036 .000, being the same premises conveyed to Declarant by deed 06.00 dated December 16, 1985 , recorded in the Suffolk County Clerk 's Office LOT on January 3, 1986, in Liber 9948, at page 251 , and referred to herein 036.000 as the 'premises" . WHEREAS, the Declarants intend to Subdivide said premises for :?> residential purposes and desire to subject said premises to certain •M i reservations, restrictions , conditions , covenants and agreements . �� 16�1990 NOW THEREFORE, the Declarants do hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be !0 - 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 . Access to Lot #1 shall be by a right of way, in common with others , over an existing asphalt driveway, as shown on survey made for Alfred D . Richards and Marjorie J. Richards by Peconic Surveyors & Engineers , P.C . , dated Nov. 11, 1987, last revised Mar . 24 , 1989 , and attached hereto as Exhibit "A" , for all ordinary purposes of ingress, egress and utilities, over said driveway, from the premises designated as "Lot 1" on Exhibit "A" attached hereto, to Bay View Avenue. C 11040P�1�8 2 . That all of the covenants , conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof, and 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. Said covenants , conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarants , their heirs , successors and assigns , any owner of any portion of the aforesaid premises, their heirs , successors and assigns , and the Town of Southold, and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants , conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter . IN WITNESS WHEREOF , this indenture has been executed the day and vear 1 STATE OF NEW YORK // ss.: County of Suffolk I, EDWARD P. ROMAINE,Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County(said Court being a Court of Record)DO HEREBY CERTIFY that I have co m are�1 th annexe copy of P ;Z6, 1 O%�0� and that it is a just and true copy of such original and of the whole thereof. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seal of said County and Court this L day of 2—) 19 r: h :.?. - rr .. .yi marry . . . . . . . . . . . . r . . . . . . . . . . . ' lII Form No. 104 12-109..12MCt Notary Pub11C PATRICIA A.IaUMA t*WV Puiboic49fa3te 01 New Yet Qualified In Queens County O� s, Conmwion Expires-lone 20.1WSC PLOT K VV- / a 00-t ,to !-OT J KEY MAP LOT I Lu P 0 LOT I SURVEY FOR ALFRED D-RICHARDS 0, P/ 0 LO.- a >L OT I MARJORIE J- RICHARDS 2 P/O �ILOT I zt AT OTI T 0 T :KEY MAP 27" z -1 �,f I go - 0 z MATTITUCK TOWN OF SOUTHOLD LOT H SUFFOLK COUNTY.N.Y. Sit a. BEACH C! E'. 000 406 - 06 36 IT, W., 1, ) P [a3,z SCALE I"m 40' 5z !2 pq Ov. 11 , [9 67 J, N " 0 011;w- fEB 10,1988 L.T ? —16 P/O PL40T H CERTIFIED TO AQUE90GUE ABSTRACT CORP el c I I�E I I "cwlTrt6r;FcO 4 k '15 1 LOT I AREA = 25,?U6.61 So FT ALFRED 0 RICHARDS MARJORIE J RICHARDS OR 0. SEQJ AC To?w 1,.e �16 LOT2 AREA `16,457 90 H, Ml-=0 7 6 L I.,k W- L04 T hoe Q R 0.83 70 AC.to I-e N 430 84 3 d 194 Al �O FT ci W , S as 59,50"W., V 1 2-4-0 �AAW NYS LIC NO.49666 a, 1 4-1-f i, El A Y VIEW AVENUE VA RVEY QRS a ENGMEERS, PC 3 �q 61 PLOT NLMWRS RE"R TO -M4POPSWORE ACRES' -�Ozo FILED J,�N� 3, 1904 IN THE OFFICE OF r"E P.O. Box 909 MAIJN ROAD SUFFOLK COON" CLERX AS .APNO, 4t �Q40PG1"��, {V J O fv G U U- 0 � EDSON & BRUER ESQS. Main Road P.O. Box 1466 Southold, NY 11971 ,c Town Hall, 53095 Main Road _ }�} T SCOTT L. HARRIS LO P.O. Box 1179 y re*4 Supervisor Southold, New York �N m � Fax (516) 765-1823 11971 �� Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 29, 1990 Rudolph Bruer Main Road P.O. Box 1466 Southold, NY 11971 RE: Sanders and Schwartz SCTM# 1000-106-6-36 Dear Mr. Bruer: Enclosed please find a copy of the map last dated February 10, 1988, which was endorsed by the Chairman on March 28, 1990. Please note that a Declaration of Covenants and Restrictions was filed for this set-off in Liber 11040, page 167 . Please contact this office if you have any further questions. Very truly yours, & -©,� ,/. Bennett Orlowski, Jr. 445 Chairman Encl. cc: Building Department Town Assessors 11040P60167 ��� � F l h' 2 7 10 DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this oZ544day of A11926N , 1990, by STEVEN P . SANDERS and ALBERT SCHWARTZ , residing at 13-28 208th Place, Bayside, New York 11360, hereinafter referred-to as "Declarants" . W I T N E S S E T H : DISTRICT WHEREAS, Declarants are the owners in fee simple of a certain 1000 parcel of land situate at Mattituck , Town of Southold, . County of SECTION Suffolk and State of New York , containing 1 .4271 acres, and designated 106.00 on the Suffolk County Tax Map as District 1000 , Section 106, Block 06 , BLOCK and Lot 036 .000, being the same premises conveyed to Declarant by deed 06.00 dated December 16, 1985 , recorded in the Suffolk County Clerk 's Office LOT on January 3, 1986, in Liber 9948, at page 251, and referred to herein 036.000 as the 'premises" . WHEREAS, the Declarants intend to Subdivide said premises for Wit, j Y� residential purposes and desire to subject said premises to certain reservations, restrictions , conditions , covenants and agreements. r11A1 1( 1990 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 . Access to Lot #1 shall be by a right of way, in common with others , over an existing asphalt driveway, as shown on survey made for Alfred D . Richards and Marjorie J. Richards by Peconic Surveyors & Engineers, P.C . , dated Nov. 11, 1987, last revised Mar . 24 , 1989 , and attached hereto as Exhibit "A" , for all ordinary purposes of ingress, egress and utilities, over said driveway, from the premises designated as *Lot 1' on Exhibit "A" attached hereto, to Bay View Avenue . 11040U68 2 . That all of the covenants , conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof, and 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. Said covenants , conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarants , their heirs, successors and assigns , any owner of any portion of the aforesaid premises, their heirs , successors and assigns , and the Town of Southold, and its successors and assigns , and the failure of any of the foregoing to enforce any of such covenants , conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter . IN WITNESS WHEREOF, this indenture has been executed the day and vear / STATE OF NEW YORK !!! ss.: County of Suffolk I, EDWARD P. ROMAINE,Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County(said Court b ing a Court of Record)DO HEREBY CERTIFY that I have compare th annexed copy of � -C=rat :l ®x. /J7��Lce x6/ !o%'o� 3�fin, ` r and that it is a just and true copy of such original and of the whole thereof. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed e seal of said County and Court this L day of 7 ,� ?9 r , . . . . tv . . . . . . . .Clerk. (� Form No. 104 x-me_ivex. Notary Pub is PATRICIA a tsuMM - Notary Wiic4S9tateol Now Yak Qualified In Qusana CauMv Q CAaw W l4om Egwres JW 20,1W-0 INA PLOT K co�� I ' 34 (30 '7 362.13' Mal Z: Id L'i OT J Z) 5 C, fill, iq K KEY MAP EY MAP LOT I J P/O PLOT I M� 14294' SURVEY FOR -3, ALFRED D-RICHARDS P/ 0 �O--- 2 a 'L OT I MARJORIE J- RICHARDS OT I AT MATTITUCK TOWN OF SOUTHOLD UC- )T H E I SUFFOLK COUNTY.N.Y. § E'. "BEACH 000 406 06 36 �ftlm S�. SCALE I"= 40' pq P/O It 04D;'W- Nov� 11 , 19 87 FEB 10.1988 PLOT H r2 E --16 P/O PLOT h CERTIFIED TO e AQUEBOGUE ABSTRACT CORP 3t PRUDENTIAL "ONE MORTGAGE CO LOT I AREA = 45,eV6.61 50 F1 A�tNEV V R1 -NAHbZj WAR JORIE J 'RFCHAROS LOT2 AREA - -36,45790 Z1 OR 0. SS04 AC a Im Me by I ILS I� �19�a I'd C`NT x OR O�83 70 AC.to IH? I-A* L Lo" E 84 HIM TIM-o" TOTAL AREA . 62, 16451 SQ FT 0 s a 8. 59,50"W, OR 1� 42P[ AC� M tit hae m 16 50,00* N Y S LIC NO.49668 BAY VIEW AVENUE TI- Wil RVEYORS 5 ENGMEERS, PC �v st PLOT Nt-AMRS NEVER TO -NAPUF SUCRE ACRES 516 765 - 5020 t[LEO JAN 3. 1904 IN THE OFF1 CE OF r E 'P 0, Box 909 - PAI NAA, SkIffOLK COVN1Y CLERX AS MAP.0. 5, IS NtAI.N ROAO EDSV & BRUER, EsQs. MAIN ]AD P.O. BOX 1466 SOUTHOLD, NEW YORK 11971 C 516] 76E5-1222/2500 -7 , i� /006_ /06— 06-&6 j p ` J : MAR Z 1 1%0 SIGNED 1 . _ .�a �...v�,w®.y+.u+.:...�..�.,w.n�. ..�:...��...,:...-.s�.a.....n.........,:,.,M.®,.........,,...,�..�..,,.....:.�.�.:...�......,a......,.,�.�..�.�.-.>...�..m,.�..�.o,.�,,...�.v,�.�.e 10 0-45 33 1 ou 1 LORD FD er owu o of voeenux 100 e.sC.Eu N eneu kNeOlxlaNF au.DIS 6001 DECLARATION OF COVENANTS AND RESTRICTIONS . 1 "~ _0'_ _0_0___0 .0 :11 U.; ',"Ii .iU~i . MAR 2 11900 I LS,;..... ~ PU\,'.i:>. . .. . .' 1104OP&167 DECLARATION made this ~~day of )I~G# , 1990, by STEVEN P. SANDERS and ALBERT SCHWARTZ, residing at 13-28 208th Place, Bayside, New York 11360, hereinafter referred to as "Declarants", WIT N E SSE T H DISTRICT WHEREAS, Declarants are the owners in fee simple of a certain 1000 parcel of land situate at Mattituck, Town of southold, county of SECTION Suffolk and State of New York, containing 1. 42 71 acres, and designated 106.00 on the Suffolk County Tax Map as District 1000, section 106, Block 06, BLOCK and Lot 036.000; being the same premises conveyed to Dec1~rant by deed 06.00 dated December 16, 1985, recorded in the Suffolk County Clerk's Office LOT on January 3, 1986, in Liber 9948, at page 251, and referred to herein 036.000 as the "premiees". .' WHEREAS, the Declarants intend to subdivide said premises for ~llJ...1. .. < l'residential purposes and desire to subject said premises to certain 4.,...... reservations, restrictions, conditions, covenants and agreements. jI/iIl ~/'99Q )....~ NOW THEREFORE, the Declarants do hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be /0 - 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. Access to Lot #1 shall be by a right of way, in common with others, over an existing asphalt driveway, as shown on survey made for Alfred D. RichardS and Marjorie J. RichardS by peconic surveyors & Engineers, P.C., dated Nov, 11, 1987, last revised Mar. 24, 1989, and attached hereto as Exhibit "A", for all ordinary purposes ,,' ingress, egress and utilities, over said driveway, f~ premises designated as "Lot I" on Exhibit "A" attached aay View Avenue. J [ .' . . 1104m~1(j8 2. That all of the covenants, conditions and restdctions contained herein shall be construed as real covenants running wi th the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof, and 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. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarants, their heirs, successors and assigns, any owner of any portion of the aforesaid premises, their heirs, successors and assigns, and the Town of southold, and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. IN WITNESS WHEREOF, this indenture has been executed the day and year ~ STATE OF NEW YORK County of Suffolk I, f{~:~;~~~~f:!~~;~%J:~~~~i!;~~~Ee~~~~~~~~~~~i~~;:~~~ ( C~4. d'A/'/ftc<.<-.eL:J.C, /99{//'VeJ.'a9,tr-?"<7- ,LJ_~I/o</?.t?/67 and that It IS a Just and true copy of such c!riginal ~ " , of the whole thereof. ,/Z-C<--<.....,~ and ~ CTESrtThlMONY WHEREOF,I have hereunto set my hand and affixed the seal of said County an ou tiS day of '...." ._~ 19 9 c) d- (.., ./ /''--4:-<.. (/'-" Form No, 104 ............................ itu:~ .i!.~. .. . ::,'~~~~: J c 55.: ~UAL.I*/L/ w. ~'9' //IVfJlR/ ( Notary pub lC MlftlClA A. L8UMA ~1'ubI1c, _ of_"'" No._' QueIIfIed In 0- CcIunIv 12/l tVT I . .~June2O,f~ . ,', , " I,' I \ ,'" ! , i I I ~ I " ~ , . cf~.-uI f!8~ . ATTORNEYS AT LAW MAIN ROAD - P.O. BOX 1466 SDUTHOLD,NEWYORK 11971 LEF"F"ERTS P. EDSON 11912-1989) RUDOLPH H. BRUER (516) 765-1222 (516) 765-2500 FAX: (516) 765-2752 March 21, 1990 Southold Town planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Set-off for Sanders & Schwartz SCTM* 1000-106-06-36 Dear Sirs: Enclosed please find proposed Lot *1 road easement, as you requested. s).J+c;erely, ,.. ),1 ,'1 A(,4e;}!~/!JtU>2~ 'RUdOlP~: Bruer RHB/df Encs. MAR 2 I 1990 4 . 'Yf~ . DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of STEVEN P. SANDERS and ALBERT SCHWARTZ, residing Bayside, New York 11360, hereinafter referred to , 1990, by at 13-28 208th Place, as "Declarants", WIT N E SSE T H WHEREAS, Declarants are the owners in fee simple of a certain parcel of land situate at Mattituck, Town of southold, county of Suffolk and State of New York, containing 1.4271 acres, and designated on the Suffolk county Tax Map as District 1000, Section 106, Block 06, and Lot 036.000; being the same premises conveyed to Declarant by deed dated December 16, 1985, recorded in the Suffolk County Clerk's Office on January 3, 1986, in Liber 9948, at page 251, 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. Access to Lot #1 shall be by a right of way, in common with others, over an existing asphalt driveway, as shown on survey made for Alfred D. Richards and Marjorie J. Richards by peconic surveyors & Engineers, P.C., dated Nov. 11, 1987, last revised Mar. 24, 1989, and attached hereto/~9' Exhibit "A", for all ord' urposes of '+ ColT' Id',' P " 6' /i"--"-" .. ingress aaQ.. egress, over fhe same, from the prem' 9 ..!!-!,ilJngt~,d ic;aS " ~~. "Lot I" on Exhibit "A" attached hereto, to Bay Vie ni, enue. . JUj MAR 2 I 1990 L_.. . . . I 2. That all of the covenants, herein shall be construed as and shall continue and remain condi tions and restr ictions contained real covenants running with the land in full force and effect at all times as against the owner of the premises or any portion thereof, except wi th the permiss ion of the Sou thold Town planning Board, or its then equivalent successor. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarants, their heirs, successors and assigns, any owner of any portion of the aforesaid premises, their heirs, successors and assigns, and the Town of Southold, and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. IN WITNESS WHEREOF, this indenture has been executed the day and year first above written. Steven P. Sanders Albert Schwartz STATE OF NEW YORK SS. : COUNTY OF SUFFOLK On the day of , 1990, before me personally came STEVEN P. SANDERS and ALBERT SCHWARTZ, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary Public M/\R 2 I 1900 . , 40 /.."''' Pvp, . W (On. ': ~s's_ 0114~ 0- - 8 <D . ./;- If) ,80M c.P Z P -c , J/ "," j C" . prop. n~w IO~:.-.....rlt'o,.., .of iN'C'J( -, PLOT K " ..IDe kadD << . .i. T) Pia LOT cc'>< 0.-- .><E c.~- ~~ :1 w .,: <5 ., ~ '0 C <( "" - 0:::: '0 .. - ::> <(0' .... .> ,.., to N.89044'OO"W / . 16 P/O PLOT H 1-0 ~ ., 'll' N o - -16 Pia PLOT H \'?> 430 84' -/'--- ~ "../ -~ \ - A _____ 0 \~ 0 o /-. ,-z. z: ~. 1-.. O.~'w _ __0$''''_ ,0 _w Q -14 -0 ----- 12 o ~~/ - P/O~!_OT J \ ) \ La- 2 ) I / / Pia eLOT . ( (~~9144'~ T 90'~ \ :.8P/O PLOT H ~.o o 0 00 z<r : V"') . I ~ (J) ~. I ~ J ~ ~ <0 ?> -~ f ~ /-0 () (\J C\J Ili Of ~ l~ ->: rn 11/ . 10 ~ () ::> f- - f- f- <r < ." A,'l!.. f/JA ~ uJ uJ a: <..) ~ u -:> y ...- ...- d. ~ ... 8 (1 A)'VIE" ~ .~~ KEY MAP ,o~ ' SURVEY FOR ALFRED D. RICHARDS a MARJORIE J. RICHARDS AT MATT' T UC K TOWN OF SOtJTHOLD SUFFOLK C6UNTY,N.Y. 106 06 36 SCALE 1"= 40' NOV. II, 1987 FEB 10,1988 BEACH " 1;5' ~ lhe water supp~ & sew ' 118m, for this '.,'d ago dhj::osal sy'. 'enC8 'JI standards of th. SuHoJ~1 conform to 'h~ 00 0 men! of Health en_" County Deport. ....,-ylces. well 158.41' 14 '" 1(' LOT 1 AREA" 25,70661 SO OR 0.5001 AC. 10 lie line FT C.o":- . ; --;.:---, 10. ! ~ 'A~- - LOT2 AREA 36,45790 OR 0.83/0 AG.tot.e Ime : ;~D? I 1990 1:: TOTAL S 880 59'50" 50.00' BAY VI EW AVENUE rJq:WCU'OffOf '!. .lltrHiO/rfS "N~S AND CfsS.ll()OLS ~l:IMr Ex ' mO'" DU~ mm.lNff) FRO~O'" ARE mow flUO - V -, /J.... i.!;1. 'I "''' 1''IIl/::.JiT T1 . r(NI.j~.~ .3 - 7."1-' e., B - . - '0 'b nf"." ..!f.'... ,$-- 30 f\!, AREA OR I. = 52,16451 SO.FT 4271 t\C. to tie Itne CERTIFIED TO . AOUEBOGUE ABSTRACT CORP PRUDENTIAL HOME MORTGAGE CO ALFRED D RICHARDS . MARJORIE J. RICH A RDS Prepared in accordance with the millimum s1ondortls for title surveys. as establiahcd by the l. I. A. L. S. and approved and adoptEd for such use by Tho New York Stl;1te kJ,nd Titl. Association. NY S LlC NO. 49668 B ENGINEERS I PC. PLO! Nt. ,1~ERS REFER TO "MAPOF SHORE ACRES" ~ILcD 0:1' 3, 1914 IN THE OFFI CE OF THE ~UFFOL~ COUNTY CLERK AS MA P NO 41 -----..-- - , . rff~ ~ fJ8/J'aM< . c,[i 061::''-[; f11S (ccJ~) ATTORNEYS A.T LAW MAIN ROAD - P.O. SOX 1466 SDUTHOLD. NEWYORK 11971 LEF"FERTS P. EDSON (1912-1989) RUDOLPH H. BRUER (5161765-1 Z;Z2 (516) 765-2500 FAX: (5 16) 765.2752 February 14, 1990 Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Set-off for Sanders and Schwartz Sanders and Schwartz to Richards SCTMi 1000-106-6-36 We enclose herewith a copy of your letter dated 4/26/88 setting forth the action of the planning Board on 4/25/88. After reviewing your file last week, we were concerned with the reference to a six-month expiration of sketch plan approval. However, our own file indicates that this matter was addressed and resolved on 4/28/88. Also enclosed are five (5) prints of a survey of this property, endorsed with the Suffolk county Health services approval, dated 2/1/90, along with a copy of Covenants and Restrictions in Liber 11006 page 027. You will note that this survey is more detailed than the previous maps and, additionally, includes the Health Dept. required sanitary easement. We respectfully request that the Board proceed in accordance with its 4/25/88 resolution to approve the final surveys subject to the receipt of Health Department approval and authorize the Planning Board Chairman's endorsement. please provide this office with at least one endorsed survey for our records. ~erelY , (t( hf!JA ~iJ(ju_w?) 'dolph H. Bruer '3/M 's. ~8hoDQ""- '-DC( s \,\~ W~ \" \6 ,<?'t,\J9~-\'e'~ ~u.-I: G ",,,,l '6\uW. \\'<l-t ~o-r ~ / I, Q S. arr" >S oJ e <L L-6T.... J... ~ . ~~ ~ [lg~ . .~"'I~,,-r; 1'1<; ("<..IS) ATTORNEYS AT LAW MAIN ROAD. P.O. BOX 1466 SOUTHDLD, NEW YORK 11971 LEFFERTS P. EDSON (1912-1989) RUDOLPH H. BRUER (516) 765-1 222 (516) 765-2500 FAX: (S 1 6) 765-2752 February 14, 1990 southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: set-off for Sanders and Schwartz Sanders and Schwartz to Richards SCTMi 1000-106-6-36 We enclose herewith a copy of your letter dated 4/26/88 setting forth the action of the Planning Board on 4/25/88. After reviewing your file last week, we were concerned with the reference to a six-month expiration of sketch plan approval. However, our own file indicates that this matter was addressed and resolved on 4/28/88. Also enclosed are five (5) prints of a survey of this property, endorsed with the suffolk county Health Services approval, dated 2/1/90, along with a copy of Covenants and Restrictions in Liber 11006 page 027. You will note that this survey is more detailed than the previous maps and, additionally, includes the Health Dept. required sanitary easement. We respectfully request that the Board proceed in accordance with its 4/25/88 resolution to approve the final surveys subject to the receipt of Health Department approval and authorize the Planning Board Chairman's endorsement. Please provide this office with at least one endorsed survey for our records. SiJl-C)erelY, (;i(~A \:JJ(ji~ Rudolph H. Bruer RHB/df Encs. FEB 15 iqn'1 \ '\ . . T Southo1d, N, Y. 11971 (516) 765-1938 April 26, 1988 Mr. Rudolph Bruer Main Road Southold, NY 11971 RE: Set-off of Sander and Schwartz SCTM 11000-106-6-36 Dear Mr. Bruer: The following action was taken by the Southold Town planning Board on Monday, April 25, 2988. RESOLVED that the Southold Town planning Board make a SEQRA determination of nonsignificance. RESOLVED that the Southold Town Planning Board over ide the Suffolk County planning Commission report dated January 15, 1988. RESOLVED that the Southold Town planning Board accept and request compliance with the Suffolk County Department of Health Services report dated June 3, 1987. RESOLVED that the Southold Town planning Board approve the final surveys subject to the receipt of the Health Department approval. .l ," .>/ \~., \. I, \ {.: Sketch plan approval' conditional upon submission of Health Department appro (Article 6). If such approval is not received within six months, the Planning Board approval of the sketch plan all expire. " t. t.., If you have any questions, please do not hesitate to " contact this office. \ jt Very truly yours, t3~~}.I()Cn BENNETT ORLOWSKI,JR CHAIRMAN r ; " " . . 11006PW27 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by STEVEN P. SANDERS and ALBERT SCHWARTZ, residing at 13-28 2C8th PlQc~1 Bayside, New York 11360, herein- after referred to as the DECLARANT, as the owner of premises des- cribed in Schedule A annexed hereto, hereinafter referred to as the PREMISES, desir~s to restrict the use and enjoyment of said premises, and hag for suCh purposes determined to impoee 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: DIST: 1000 SEe: 106_00 BLK: 06.00 LOT: 036.000& Q;)6.00~ e 'JAN 2e 1990 1. DECLARANT has made application to the SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES, hereinafter referred to as the DEPARTMENT, for a permit to construct, approval of plans or approval of subdivision or development on the premises; 2. The DECLARANT he(.eby covenants that prior to or simultaneously with the conveyance of either Parcel 1 premises, Exhibit 8, or Parcel 2 premises, Exhibit C, a subsurface sewage disposal system easement shall be g(.anted to or reserved in Parcel 2, which shall appropriately provide for the installation, connection, operation, flow and passage, use, maintenance, repairs, relocation, and removal of the system over, under, through and across a portion of Parcell, a metes and bounds description of such,easement area being annexed hereto as Exhibit D_ . . 11006PG028 3. Thc~ DECLARANT, its SUCC",ssor~ '1rd/or. assigns shall set forth these covenants, egr~ement5 and declarations in any and all leases to occupants, tenants and/or lessees of t~e above de5cribe~ property and shall, by their terms, subject same to the co~enants and re.trictions 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. 4. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon dny provisions of ' local, state, and federa~ 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. 5. This document is made subject to the provi~ions of all laws required by law Or by their proviRions to be incorporated herein and they are deemed to be incorpQra~ed herein and made a pdrt hereof, as though fully set forth. lir\!"., (SCDHS GEN COY 10/86) 2. . 11006PW29 . 6. The aforementioned Restrictive Covenants shall be enforceable 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 vdlidity of this covendnt nor to impose any liability ',o/hatsoever upon the County of Suffolk or any officer or employee thereof. 7. These covenants and restrictions shall run with the land 3J1d 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 by the owner of the premises only with the written consent of the DEPARTMENT, 8. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictiOns shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants d5 a whole, or any other part or provision hereof other thctn the part 50 adjudged ~o be illegal, unlawful, invalid, or unconstitutional. :~'\f~'. "' (SCDHS GEN COV 10/86) 3, . . 11006~~030 9. Local Law 1132-1980 - the DE:CLJI.KANT repres,;,nts and warrants that he has not offered or given any gratuity to any official, employes, or agent of Suffolk Coun~y, New York State, or of any policical party, with t~e purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local Law '32-1980. ~~.:Dd_~~/ Steven P. Sanders LS LS LS LS ('~~~~~"'~, )(!cerc ::;cn...art~' . .--"'" ,-r..., ,_;_1, (SCDHS CEN COV 10/86) 4. . . 11006~W31 STATE OF NEW YORK ) ss. : COUNTY OF ~J6f-N5 ) On the /tti day of December, 1959, before me personally came STEVEN P. SANDERS, to me known to be the individual described in and who executed the foregoing inBtru~ent and acknowledged to me that he executed the same. I ,lmz~/;" C~~XN7 ' . Notary"Public ",TfllClA It. ~=- Yo<< Mo!MY PvOI\c,~~, Cuol~.in ~_~.1J ~ .......-- I STATE OF NEW YORK ) 8S. : COUNTY OF flUUN'; ) On the ~day of December, 1989. before me personally came ALBERT SCHWARTZ, to me known to be the individual described in and who executed the foregoing instrument and acknowledged to me that he executed the same. /l{;~~ II :;!})6:n:<<- ' Notary Public "'TRICIA A. lIUMA Now.y l'vbl1C, s,,,. 01 New'lllol No. ~3o&aIl Qualm.d I~ au..... CounIY c:o-._~.......... 20. fLfO 5. . . 11~h032 . SOlEDULE A ALL that certain plot. piece or parcel of land. sltuatd, lying and being in Mattltuck, Town of Southold, County of Suffolk and State of New York, known and designated as and by part of Lot numbers H, I, & J on a certain mao entitled, "Map of Shore Acres", which said part of lots when taken together as one parcel are more particularly bounded and described as follows: BEGINNING at a point on the northerly Side of Bay Vlew'Avenue, distant 430.84 feet easterly from the easterly end of a curve which connects the northerly side of Bay View Avenue with the easterly sIde of North DrIve; RunnIng thence north degree 00 mInutes 10 seconds West, 139.51 feet; Running Thence north 27 degrees 44 minutes west, 64.32 feet Running Thence north 47 degrees 7 minutes west, 117.41 feet; Thence north 0 degrees 16 minutes east. 35.00 feet; Thence south 89 degrees 44 minutes 00 seconds east. 362.13 feet to the ordinary hIgh water mar~ of Mattltuck Creek as It appeared Feuruary 10, 1988; Thence along the ordinary high water mark of Mattltuck Creek the fallowing two courses and distances: 1) South 13 degrees 54 minut~s 00 seconds West, 123.13 feet; Thence 2) South S degrees 02 mJnutes 20 seconds West, 87.69 feet; Running ThenCe north 89 degrees 44 minutes 00 seconds west, 158.4i feet; Rur.nlng Thence south degree 00 minutes 10 seconds east, 102.63 feet to the northerly side of Bay View Avenue; Thence along the r.ortherly side of Bay View Avenue South ea degrees 59 minutes 50 seconds West, 50.00 feet to the point or place of BEGINNING. . . 11006PW33 SCHEDULE B ALL that certain plot, piece or parce: of land. situate, lying and being in the To~n of Southold. County of Suffolk and State of New York, at t"atL'tilck, bounded and described as follows: BEGINNING at a point at the southwestecly corller at the parcel. about to be descri~ed: said point and place of BEGINNING being the following tour courses and distances fcom the easterly end of the curve connect iog the easterly line of North Drlv", with the northerly line of Bay View Avenue; 1. North 880 59' 50. East along the northerly line of Bay View Allenue a distance e,f 430.84 feet to a point and the westerly line of lands now or formerly of Stell en P. Sanders and Albert Schwartz; 2. North 010 00' 10" West along the westerly line now or forme~ly of Sande~s and Schwartz a distance of 139.51 feet to a point; 3. Noeth 270 44' 00. West a distance of 64.32 feet to a point; arid 4. Moeth 470 07' 00. West a distance of 58.70 feet to the point o~ place of BEGINNING: RUNNING THENCE from said point and place of BEGINNING North 470 07' 00. West 58.71 feet to a poInt: THENCE Moeth 000 16' 00" East 35.00 feet to a poInt; THENCE South 890 44' 00. East 362.13 feet to the oedinacy high wate~ mark of Mattituck Creek as it appeared February 10, 1988; THENCE along the ordinary hi9h wotee mark of Mattituck Creek South o 13 54' 00" West 106.51 feet to a point; THENCE along other lands now or formerly of Sanders and Schwaetz the following four courses and distances: 1. NOl:th 890 44' oon West 142.94 teet to a point; 2. Noeth 000 16' 00" East 44.00 feet to a point: 3. North 710 52' 15" West 95.00 feet to a point; 4. South 530 58' 55" West 75.00 feet to the point or place of BEGINNING. . . 11006PW34 SCHrcDULB C ALL that certain plot, piece or parcel at land, situate, lying and being at Mattituck, in the Town of Southord, County of Suffolk and State of New York, bounded and described as follows, BEGINNING at a point at the southwest corner of the parcel about to ce described, said point or place of beginning being a concrete monument on tha north side of Bay View Avenue North 880 59' SO" East 430.84 feet along the northerly line of Bay View Avenue from the end of the Curve connecting the easterly line of North Drive; RUNNING THENCE North 010 00' 10" West 139.51 teet to a point; RUNNING THENCe: North 270 44' 00" West 64.32 feet to a pOint; THENCE North 470 07' 00" West 58.70 feet to a point; THENCE North 530 58' 55" East 75. feet to a point; THENCE South 710 52' 15" East 35. feet to a point: THENCE South 000 16' 0011 West 44. feet to a point; THENCE South 890 44' 00" East 142.94 feet to the ordinary high water mark of Mattituck Creek as it appeared on February 10. 1988; THENCE a 100g the ordinary high water mark of Mattituck Creek Scuth 130 54 ' 00" West 16.62 feet to a poin:: THENCE along the ordinary high Wa(~r mark of Mdttituck Creek South 050 02' 20" West 87.69 feet to a point; THENCE North 890 44' 00" West 158.41 feet to a point; THENCE South 10 00' 10. East 102.63 feet to a concrete monument set on the northerly line of Bay View Avenue; THENCE along the no~thet'ly line of Bay View Avenue South 880 59' 50" West SQ feet to a concrete mon~ment and the point or place of BEGINNING. . . . 1100bPC035 . , SCHEDULE: D ALL that certain plot. piece oc paccel of land. situate. lying and being in the Town of Southald, Co~ntj of Suffolk and State of New York. at Mattituck, bo~nded and desccibed as follows: BEGIN~ING at a point at the northwesterly cernec of the sanitary easement about to be dBscribed; said point and place of BSGINNING being the following six courses and distances from the ~asteely end of the cur..." cor,necti,,;; the eastecly 1in~ ot Noeth Deive with the nOethee1y line of Bay View Avenue; 1. Noeth 880 59' 50" East along the northeely lin~ of Bay View Avenue a distance of 430.84 feet to a point and the westeely line of lands now or: formeely of Sanders and Sch\olartz; 2. North 010 00' 10" \-Iest along the westedy line no\ol or formerly of Sanders and Schwartz a distance vf 139.51 f",et to a point; 3. North 270 44' 00" WEst a distance of 64.32 feet to a point; 4. North 470 07' 00" West a distance of 58.iO feet to a point and other: lands of Sanders and Sch\olartz; 5. North 530 58' 55 " East along the southeasterly line of other lands of Sanders and Schwartz a distance of 75.00 teet to a point; 6. South 710 52' 15" East a distance of 60.00 feet to the point or: place of BEGINNING: RUNNING THENCE from said point or: place of beginning South 710 52' 15" East a distance of 35.00 feet to a point; THENCE South 000 16' 00" West a distance of 34.00 feet to a point; THENCE North 710 52' 15" West a distance ot 35.00 feet to a point; THENCE North 000 16' 00" -.ot a d t ~f ," 00 . th' ~a_ is ance ~_ ~4. Leet to e pOlnt or place of BEGINNING. c:, "Y"l >- . ,.. -- "'. 0_ u. -' m 0'" ~. Q ~:c.. "", 'V" rF':....: l..tJ_. > .-I C::' c.,., <.:> ". i ..." lL , ~ ;::, . .~ , <./) '1 -.., . . February 9, 1990 southold Town planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Set-off for Sanders and Schwartz Sanders and Schwartz to Richards SCTM# 1000-106-6-36 We enclose herewith a copy of your letter dated 4/26/88 setting forth the action of the planning Board on 4/25/88. After reviewing your file yesterday, we were concerned with the reference to a six-month expiration of sketch plan approval. However, our own file indicates that this matter was addressed and resolved on 4/28/88. Also enclosed are five (5) prints of a survey of this property, endorsed with the Suffolk County Health Services approval dated 2/1/90. You will note, however, that this survey , ----- -_.-'------- , / "- , ,,I ,\ .-~_:.~--~ --.:__.~ Also enclosed for your reference, a copy of Health Dept. C & Rs in Liber 11006 page 027. After these maps have been endorsed by the Chairman of the Planning Board, we respectfully request that we be provided with at least one endorsed print endorsed by the planning Board Chairman for our records. Sincerely, Rudolph H. Bruer RHB/df Encs. fEBI3wn .- . D Southold. N.Y. 11971 (516) 765-1938 April 26, 1988 Mr. Rudolph Bruer Main Road Southold, NY 11971 RE: Set-off of Sander and Schwartz SCTM #1000-106-6-36 Dear Mr. Bruer: The following action was taken by the Southo1d Town planning Board on Monday, April 25, 29a8./f~ RESOLVED that the Southold Town Planning Board make a SEQRA determination of nonsignificance. RESOLVED that the Southold Town Planning Board over ide the Suffolk County Planning Commission report dated January 15, 1988. RESOLVED that the Southold Town Planning Board accept and request compliance with the Suffolk County Department of Health Services report dated June 3, 1987. RESOLVED that the Southold Town Planning Board approve the final surveys subject to the receipt of the Health Department approval. Sketch plan approval is conditional upon submission of Health Department approval (Article 6). If such approval is not received within six (6) months, the Planning Board approval of the sketch plan shall expire. If yoa have any questions, please do not hesitate to contact this office. jt LJ-\'~\) \;\~ ~ Very truly yours, l3~~~. BENNETT ORLOWSKI,JR CHAIRMAN ~ . T . D Southold. N.Y. 11971 (516) 765-1938 NEGATIVE DECLARATION Dated 04/25/88 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR part 617, Section 617, section 617.10 and chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The set-Off of Sanders and Schwartz located at Bayview Avenue, Mattituck to set off 36,000 sq. ft. from 1.45 acres. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated 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 Suffolk County Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correspondence received from the NY State Department of Environmental Conservation in the alotted time, it is assumed that there are no comments or objections from that agency. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Jill M. Thorp, Secretary Southold Town Planning Board, Main Road, Southold, NY 11971. d>~~~ ~ . Copies mailed to the following: Suffolk County Department of Health Services Suffolk county Planning Commission NYS Department of Environmental Conservation Supervisor Murphy Thomas C. Jorling, DEC Commissioner , ~. . COUNTY OF SUFFOLK . ~} ~. J{~N 22 1988 PATRICK G. HAL.PIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E. KOPPEL.MAN DIRECTOR OF PLANNING January 15, 1988 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision - Steven P. Sanders & Albert Schwartz Northerly side of Bay View Avenue 430.84' easterly from North Drive, Mattituck, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on January 13, 1988 reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Steven P. Sanders & Albert Schwartz" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to disap~roye said map for the following reason: The proposed subdivision will result in the creation of a landlocked parcel; that is, a parcel that does not have frontage on an existing or proposed public road. The creation of such a lot is contrary to good subdivision layout principles and creates problems as far as access by emergency and service equipment is concerned. This lack of access could result in health, safety and welfare problems for the future residents of landlocked lots, not to mention potential disputes over the use and maintenance of any right-of-way over an adjacent parcel that may be created for the purpose of access. Creation of landlocked lots also places the Zoning Board of Appeals in the awkward position of having to grant a building permit for lots under Section 280-a of the Town Law as the future owners of landlocked lots cannot be held responsible for the landlocked nature of their parcels. VETERANS MEMORIAL HIGHWAY HAUPPAUGE. Lt, NEW YORK 1 1 788 IS161360-!51e2 22.LH-1:12187cs . . . lit Minor Subdivision - Steven P. Sanders & Albert Schwartz -------------------------------------------------------------------------------- Page 2 File: S-SD-87-l9 CGL:mb Encl.: Map cc: R. Villa, P.E., SCDHS Very truly yours, Lee E. Koppelman Director of Planning by Cliarb 9- hlJ Charles G. Lind, Chief Planner Subdivision Review Division ( . ( . p T D Southold. N. Y. 11971 (516) 765-1938 November 9, 1987 patricia C. Rudy Bruer, Main Road Southold, NY Moore Esq. 11971 Re: Sander and Schwartz set off Dear Mrs. Moore: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, February 9, 1987. .~. RESOLVED that the Southold Town Planning Board approve the set off of Sanders and Schwartz located at Bayview Avenue, Mattituck to set off 36,000 square feet from 1.45 acres, survey dated as amended April 30, 1986, subject to: 1. Review and consideration of comments from the Suffolk County Planning Commission. 2. Endorsement of the Suffolk County Department of Health Services, pursuant to Article 6. Would you please submit six (6) surveys in accordance with the enclosed list for our referral to the County Planning Commission. If you have any questions, please don't hesitate to contact our office. Very truly yours, . -B~ &~6kLJ QA. (j) BENNETT ORLOWSKI, JR. C~AIRMAN SOUTH OLD TOWN PLANNING BOARD r . Southold Town Board of Appeals MAIN ROAO - STATE ROAO 25 APPEALS BOARD MEMBERS GERARD p, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR, ROBERT J. DOUGLASS . JOSEPH H, SAWICKI SOUTHOLO, L.I.. N.Y. 11971 TELEPHONE (5161 765,1809 March 21, 1988 Rudolph H. Bruer, Esq. Main Road, Box 1466 Southold, NY 11971 Re: Appl. No. 3519 - Sanders and Schwartz Dear Mr. Bruer: Attached for your file is a copy of the Corrected Decision of the Board of Appeals pursuant to your office's recent request and the March 10, 1988 verification by .Roderick VanTuyl, P.C. concerning their survey amended April 30, 1986. As you know, the corrections pertain to the lot area for each Parcel #1 and #2. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copies of Decision to Building Department Planning Board Suffolk County P~anning Commission Mr. Garrett A. Strang, R.A. t{~'. , ('n'I' & -,- .-- , , (t,pF , Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE (516) 765.1809 "CORRECTED" ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3519 Application Dated May 28, 1986 TO: Rudolph H. Bruer, Esq. as Attorney for STEVEN Main Road, Box 1466 Southold, NY 11971 [Appellant (s) 1 P. SANDERS & AND. At a Meeting of the Zoning Board of Appeals held on January 8, 1987 the above appeal was considered, and the action indicated below was taken on your Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a Request for Special Exception under the Zoning Ordinance Article , Section [Xl Request for Variance to the Zoning Ordinance Article III, Section 100-31, Bulk Schedule [l Request for Application of STEVEN P. SANDERS & AND - Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient lot area, width and setbacks in this pending set-off division of land. Location of Property: Private Right-of-Way located off the north side of Bay View Avenue, Mattituck, NY; County Tax Map District 1000, Section 106, Block 06, Lot 36. WHEREAS, a public hearing was held and concluded on November 20, 1986 in the Matter of the Application of STEVEN P. SANDERS & AND. under Appl. No. 3519, 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 along the east side of Bay View Avenue, Mattituck, having a total area of 63,224I sq. ft. in area (inclusive of "beach" areas and right-of-way), and is identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 06, Lot 36. 2. By this application, appellants request an area variance for proposed Lots #1 of 27,000 sq. ft. and #2 of 36,224 (inclusive of beach areas), as sho~n on Sketch Plan Map amended April 30, 1986, [and subsequently verified by letter dated March 10, 1988, prepared by Roderi ck VanTuyl, P. C. 3. Existing upon the premises are two one-story, single-family dwellings with patios. It is noted that Certificate of Occupancy #Z-14091 has been issued dated December 13, 1985 indicating the ~reexistence of the nonconforming lot area, second dwelling, and lnsufficient sideyard setback. (CONTINUED ON PAGE DATED: ~larch 17, TWO) 1988. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) 1 .;.;" I:U~. Page? - Appeal No. 3519 Matter of SANDERS & SCHWARTZ De cis ion Re n'd e r ecr-J a n u a r y Er-: 1 987 4, I n vi ewi ng the character of the nei ghborhood, it is found that five of the eight immediate lots surrounding this property arc smaller, having an area of less than one-half acre. The remaining three immediate lots contain an area of approxi- mately 43,000 to 30.000 sq. ft. 5, It is the understanding of the Board that the well and sanitary systems servicing the two residences nave been in existence and use since prior to April 1957 (see Affidavits of Steven P Sanders dated October 14. 1986 and Dorothy Z. Byrne dated November 20, 1985). 6, It is the position of the Board that the improvements have existed since prior to the enactment of zoning (1957) and ther~fore will not create an increase in the density of the residential nature of the property. In considering this appeal. the Board also finds and determines: (a) the relief requested is substantial in rela- tion to the requirements, at precentages of more than 30%; (b) the nonconformity of the property is unique; (c) the relief requested is the minimal necessary under the circum- stances. and there is no other method feasible for appellants to pursue, other than a vari ance; (d) there wi 11 be no substantial change in the character of the area since each loT. as proposed is improved with a single-family dwelling with separate well and sewage systems; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the Town; (f) there will be no increase in population density since each lot will contain an existing dwelling, (g) in consideration of all the above factors. the interests of justice will be served by allowingche variance. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis. it was RESOLVED, to APPROVE the insufficient area of proposed Lot No, 1 of 27,000 sq. ft. and Lot No.2 of 36,224 sq. ft. (inclusive of beach area), and insufficient width and depth, as more particularly depicted on Map prepared by Roderick VanTuyl, P. C. amended Apri 1 30, 1986, for STEVEN P. SANDERS and ALBERT SCHWARTZ, and per letter dated March 10, 1988 vel'Hied-by RoderTck VanTuyl, P.C. Vcte Douglass, absent. ) of the Board: Ayes: Messrs. Grigonis, Doyen and (Member Goehringer abstained. Member Sawicki was This resolution was duly adopted. * * * 1', " gAh*~RM~it:n'tH>i\IRMAN PRO TH1 r relO>-'I-[) - ID0-rO- 36 ~~ ~ flg/Na/J' ATTORNEYS AT LAW MAIN ROAD - P.O. BOX 1466 SQUTHOLD,NEWYDRK 11971 LEFFERTS P. EDSON RUDOLPH H. BRUER (Retired) (51 6) 765-1222 (S 16) 765-2500 PATRICIA C. MOORE February 19, 1988 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Set-off for Sanders & Schwartz Mattituck, New York Dear Mr. Orlowski: Your letter of November 9, 1987, setting forth the Board's 2/9/87 resolution to conditionally approve this set-off (copy enclosed), makes no mention of time limitations for compliance, nor do we find any provision for same in the Town Code. Nevertheless, it makes us nervous to assume anything and would appreciate your confirmation that no time restrictions apply in the case of this approval. Thank you for your cooperation in this matter. Sincerely, m. . rui-rrel,i j tA:~uLi 0RUaolph ~-B[J~ {~ RilB/df cc: Steven P. Sanders \~l.,~~m I . ~= ~,... T D Southold. N.Y. 11971 (fiI6) 76fi-1938 November 9, 1987 Patricia C. Rudy Bruer, Main Road Southo1d, NY Moore Esq. 11971 Re: Sander and Schwartz set off Dear Mrs. Moore: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, February 9, 1987. RESOLVED that the Southold Town Planning Board approve the set off of Sanders and Schwartz located at Bayview Avenue, Mattituck to set off 36,000 square feet from 1.45 acres, survey dated as amended April 30, 1986, subject to: 1. Review and consideration of comments from the Suffolk County Planning Commission. 2. Endorsement of the Suffolk County Department of Health Services, pursuant to Article 6. Would you please submit six (6) surveys in accordance with the enclosed list for our referral to the County Planning Commission. If you have any questions, please don't hcsita..tc to ,_~()ntact our office. Very truly yours, _ J3~ G~6J<.J., qA ()D BENNETT ORLOWSKI, ,iR. CflAIRMAN SOUTHOLD TOWN PLANNING HOARD . G'~ ~ fJ8_ Nft--n"1J - ....TTORNEYS A.T LA.W MAIN ROAO. P.O. BOX 1466 SDUTHOLO. NEWVORK 11971 LE,.,.ERTS P. EDSON (Retired) RUOOLPH H. BRUER (516) 765-1222 (S 16) 765-2500 PATRICIA C. MOORE February 19, 1988 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Set-off for Sanders & Schwartz Mattituck, New York Dear Mr. Orlowski: Your letter of November 9, 1987, setting forth the Board's 2/9/87 resolution to conditionally approve this set-off (copy enclosed), makes no mention of time limitations for compliance, nor do we find any provision for same in the Town Code. Nevertheless, it makes us nervous to assume anything and would appreciate your confirmation that no time restrictions apply in the case of this approval. Thank you for your cooperation in this matter. Sincerely, 4t' (J ,iJ~ Ju:?J v:.R..J a~~~h'~'~Ir~v {~ R B/df cc: Steven P. Sanders ATTORNEY5ATLAW . ~AN 2 7 i988/s . rf/~,and f!J~ MAIN ROAD - P.O. BOX 1466 SOUTHOLD. NEW YORK , 1971 LEFFERTS P. EDSON (Retired) RUDOLPH H. eRUER (516) 765-1 222 (516) 765-2500 PATRICIA C. MOORE January 26, 1988 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Set-off for Sanders and Schwartz Mattituck, New York Ittzro- fa, ._{){~--- ~ Dear Mr. Orlowski: subsequent to the planning Board's February 9, 1987 conditional approval of the above property division, the Suffolk County Department of Health has granted their conditional approval of our Article 6 application. A copy of the Board of Review's May 20, 1987 determination (letter dated 6/3/87) is enclosed for your file. In accordance with the Health Department's requirements, the wells and sewage disposal systems are now in the process of being installed. We are concerned that, while this work is in progress, we may be exceeding time restrictions on the planning Board's approval. If any extensions of time are necessary, we hereby request that this project be granted same. Sincerely, /]J'" )j tv&JL 1IJ3~ CA~(loff/n ,.. Bruer -L RHB/df Enc. cc: Steven P. Sanders ( . ( . COUNTY OF SUFFOLK MICHAEL A. LoGRANOE COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES June 3, 1987 DAVID HA....'S. M.D.. M.P.H. COMMISSION':" Mr. Roy Haje 1329 North Sea Road Southampton, New York 11968 Subject: Board of Review Hearing - May 20, 1987 Proposed Subdivision of Sanders & Schwartz Property Located "IS of Bayview Ave., 430.84 Ft. EIO North Road, Mattituck, Town of Southold (SCTH 1000~06-06-36) Dea r Mr. Haj e: At the hearing held on May 20, 1987, you had an opportunity to present your appeal of the department's ruling on the subject application. In accordance with the provisions of Article 2, Section 220, of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows. Based on the information submitted, the Board will grant the request for a variance to divide the tract into two lots provided: 1. applicant receives all required town approvals; 2. 2 new wells are installed; one for each dwelling, constructed to meet department specifications; 3. 2 new sewage disposal systems are installed; one on each lot to service the existing buildings; 4. occupancy of the dwellings is limited to single-family use. The granting of this waiver does not imply that your application will be automatically approved. It is your responsibility to ensure that your application is complete; otherwise, your approval will be subject to unnecessary delay. ~LYQouV~ Robert A. Villa, P.E. Chairman, Board of Review RAV/pd cc: Mr. W. Lindley 228 ""."0 o.uva: I[AST HAU~"AUGI[. N.Y. t t '7.. (518l348-2..'7 1.-ut.... ','1 - - --- < 'I "1 " .ff 8, ~ I ~ ) ,-' ;~. /-.. l i f,__ / i "/ -'" s! C Toto - . , 0 " 23.2AlcJ . ~ < < 0 ~ . 1 @ '. ", .' " \.Ip.ttl ," ,- ,'o'"v.1 ,,; ..' " '.1..~<l ..' " ,1 ,.~..\;\ \~; "lel ,,' " \ i '. " 29511\;) '" ULCO-- . 11 11 o! - 2 z- z 0 ~i , '" , -_.~ u ... , - ~~ ~ z .. ~,; S0= 11' ~ ~'~47 t.,' ,.' 11 1. \ .. ~;, ," , I \ / / ., c ,- -BA.YIJI[W ." ~" II \....\\1 " -\ \&,,\;' ... .,' I .' .\el @~;\..\;\.., .. 1.\ \,...\~). 1"..\;1/' ", " ~' '- . ... @ , I 0"(0 -' -" , . '.2: , 2.()Ate) .... . 2.0A\d ,., . ~ ,..~. ;c.---"iT,r';~f'~~ " ,~.;..--- ~ rOR pMICF.L NO SEE SIC '1011) ---.M-AicH- Z~~:I-~/ \' c c L L ~ Planning Board Page 15 2/9/87 On a motion made by Mr. Ward, seconded by Mr. Latham, it was RESOLVED that the Southold town Planning Board approve the set off for Sanders and Schwart to set off 36,000 square feet from 1.45 acres located at Bayview Avenue, Mattituck subject to reciept of Article 6 approval from the Suffolk County Department of Health Services. Vote of the Board: Ayes: Orlowski,Mullen, Latham, Ward * * * * * * * * * On a motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the set off of Helmut Hass located at County Route 48, Peconic to set off 28,935 square feet from 49,709 square feet, survey dated as amended December 29, 1986 subject to: 1. Consideration of the review of the Suffolk County Planing Commission. Vote of the Board: Ayes: Orlowski,Mullen, Latham, Ward * * * * * * * * * On a motion made by Mr. Mullen, seconded by Mr. Latham it was RESOLVED that the Southold Town Planning Board recommend to the Town Board that the request for a return of the inspection fee for the subdivision known as "BLue Horizons be denied based on the enclosed chronological list of events. Vote of the Board: Ayes: Orlowski,Mullen, Latham, Ward * * * * * * * * * On a motion made by Mr. Ward, seconded by Mr. Latham, the following action was taken: NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Soutohld, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not hav a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Howard Hoey is for 4 lots on 38 acres located at Main Road, Orient. The project has been determined not to haev a significant effect on the environment for the following reasons: . . Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765.1809 APPEALS BOARD MEMBERS November 20, 1986 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUG LASS JOSEPH H. SAWICKI S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION Notice of Determination of Non-Significance APPEAL NO.:3519 PROJECT NAME: STEVEN SANDERS AND ALBERT SCHWARTZ This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a signifi- cant adverse-effect on the environment for the-reasons indicated below. ~ -\ Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: r .] Type II k] Unlisted [] DESCRIPTION OF ACTION: Approval' of insufficient lot area, width and setbackJ in this pending set-off division of land LOCATION OF PROJECT: Town of Southold, County of,Suffolk, more particularly known as: Private right~of-way locat~d off the NIS of Bay Avenue, Mattituck, NY 106-06-36 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) The relief requested is a lotline variance regulated as provided in Section 617.13 of the SEQRA, 6 NYCRR FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. ...~ . . .. 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Y. 11971 (516) 765.1938 J2tCQ..rLtw\... ~ ,1 q'Di Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: (Map of) (Minor Subdivision) ~~ P. ~G...r'\cU.^;::"'; nnd , - Clc &2hl.J..JO.J\. *:2 Hamlet~~~lck- Tax Parcel Identifier No. \CXJC) lala (." 3(" Material Submitted: Minor Subdivision - Class A(3 copies) >< Class B (2 copies) Major Subdivision (3 Copies) Preliminary Map (1 copy) ; Topographic Map (1 copy) Darinage Plan (1 copy) ; Street Profiles (1 copy) Grading Plan (1 copy) ; Planning Board Res. (1 copy) Other material (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet >( Comments: I C'..a~ -at t:x::oJ\c1&? ~nQ,() dorlfu~ an 'th.t ClAoa V(1,,~lOX)(o,. '?\nnnm~rc\ hQ~ r~v-d..lJ")Q-ted Uhc\er ~Qt<fl -{Dy- leQd Q()(na..- ~l fb de:lerrrilna:li<:l'l ras keen made.. <D-' O' Very truly yours, _ ~ a0.Js'u)~U,~dYVo Benne.tt Orlowski, Jr.., Chairman . . ~'AIVER OF SUBDIVISION REQUIREMENTS (Map of) (Minor Subdivision) S-k.>>en P.0ande~ a.nc\Cllbert SQhl.OO.rt~ Hamlet or VillageJv\Cdtrluc.k.. Town ~\J-+-ha\d The following items normally required as part of the subdivi~ion application have been waived. Check, as required. Preliminary Map 'f:- y: Topographic Map ~. Grading Plan 'f" Drainage Plan /\' Landscape Plan If Street Profiles Other (describe) Reason: 1) Minor Subdivision a) Not required by subdivision regulations iIJ b) Subdivision of lot on an existing improved filed map )( c) Other (describe) 2) a) No new drainage structures and no changes in existing drainage proposed b) No new roads and no changes in existing roads proposed c) No major site clearing and grading proposed d) Other (describe) . ~~ ~ ~4'<<M'- . ATTORNEYS AT LAW ~rr'C" lI\.i;"i,."L": ... Rr::...:'\TD rw .. ....., ::.'~J MAIN ROAO. P.O. BOX 1466 SOUTHOLD, NEWYDRK 11971 ~.",-.4-'i n u V uf.l.l,.'.lj8 LEFFERTS P. EDSON RUDOLPH H. BRUER (516) 765-1222 (S 16) 765-2500 PATRICIA C. MOORE November 30, 1987 southold Town Planning Board Town Hall Main Road southold, N.Y. 11971 Att: Diane M. schultze Administrative Assistant Re: Sanders and Schwartz set-off Mattituck, New York Dear Diane: In accordance with your letter of November 9, 1987, we enclose herewith six (6) survey prints for referral to the suffolk County Planning Commission. Thank you for your cooperation in this matter. Very truly yours, ') / .... #/7 ( .4L l/;/Ijk ~~'icia C. Moore PCM/df Encs. EDSON & BRUER, Esqs. MAIN ROAD P.O. BOX 1466 50UTHOLD, NEW YORK 11971 [516J 765-1222/2500 ~~. "'- LJATC /~-~d -5'7 I ~c:}/;M1C:-D /MUh~lJlJilX- ,.t;V /Jrr'])~~ ~Mk./~c.. & tJ# 12 ~)t;esv/ ScAtJtZd"'~ ~7)~ --, /' ..s; (. to) 2x.-1/6(j 4 ~ r;:dTd ckvt- &U/ ~ ./ / 7<4u'v c:2 - 13 .- 5-7 AI UL-e/ . .- - -. ~ [g (Y)1~ M~ - nab ~ Ifn CD4 ~~. .....-.'Il.__.,,___,...___________..._""""""..-.... i J I L__ SIGNED l(JO.4~JJ' DI,TRtRLJTl~ By QUilL I.UR'OR'''~N . 100 S, ,CHllH~ "UAD . II~C~L"$"'Af. 1111~n" W069 " <'.~ , . . Southold, N.Y. 11971 (516) 765-1938 November 9, 1987 Diana Foster Edson and Bruer P.O. Box 1466 Southold, NY 11971 Re: Sanders and Schwartz Set-Off Dear Diana: As per my conversation with Pat Moore of your office, enclosed are the surveys for the above which you submitted for referral to the County Planning Commission. These cannot be referred since they don't comply with the requirements for a final map (see endorsed list). Would you please have the surveys amended and forward six to our office. Thank you. Very truly yours, ffiCliu tJ _?rJwL1z.c QIANE M. SCHULTZ ADMINISTRATIVE ASSISTANT SOUTHOLD TOWN PLANNING BOARD enc. . L'"' :Lyr:rz.r7"" ,... ~ - ... .... I ~ ,').. "'-J-~ ("'\\',-I!I f" -~~ 'yr ""'\..I '.h_Jj r^~ P[;;~~'lr(~'hiO'AltD "-.:::: 5tli:. 0;,..-' \2 .,,>-.::. "..\I; -< ::'f::::::JI;, r"'i" .. TOp.., !milD \\~'6St" ~fI SU~OX . "TY /{J./ ~!C f\ 0 . . Southold. N.Y. 11971 (516) 765-1938 November 9, 1987 Patricia C. Rudy Bruer, Main Road Southold, NY Moore Esq. 11971 Re: Sander and Schwartz set off Dear Mrs. Moore: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, February 9, 1987. RESOLVED that the Southold Town Planning Board approve the set off of Sanders and Schwartz located at Bayview Avenue, Mattituck to set off 36,000 square feet from 1.45 acres, survey dated as amended April 30, 1986, subject to: 1. Review and consideration of comments from the Suffolk County Planning Commission. 2. Endorsement of the Suffolk County Department of Health Services, pursuant to Article 6. Would you please submit six (6) surveys in accordance with the enclosed list for our referral to the County Planning Commission. If you have any questions, please don't hesitate to contact our office. Very truly yours, . BJjrlflU.:tt &~ ~ 191 1j6kL I Q.A. ()D BENNETT ORLOWSKI, JR. CUAIRMAN SOUTHOLD TOWN PLANNING BOARD # :J\ cY ~\Y ~ ~ I '{Y c:l';J' / . . Southold, N.Y. 11971 (516) 765-1938 February 13, 1987 Patricia C. Moore Rudy Bruer, Esq. Main Road Southold, NY 11971 Re: Sander and Schwartz set off Dear Mrs. Moore: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, February 9, 1987. RESOLVED that the Southold Town Planning Board approve the set off of Sanders and Schwartz located at Bayview Avenue, Mattituck to set off 36,000 square feet from 1.45 acres, survey dated as amended April 30, 1986, subject to: 1. Review and consideration of comments from the Suffolk County Planning Commission. 2. Endorsement of the Suffolk County pursuant to Article 6. DqJa..ffmen+ of flea r+h J:,vVI~ PlalJ.l~~l~~ C.......lluui.::>i:)lon Would you please submit six (6) surveys in accordance with the enclosed list for our referral to the County Planning Commission. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~tt O~LowA1uJC}~ BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD enc. By Diane M. Schultze, Secretary . . s D T LD y Southold, N.Y. 11971 (516) 765-1938 March 13, 1987 Mrs. patricia C. Moore, Esq Edson and Bruer Attorneys at Law Main Road, Southold, NY 11971 RE: Sanders and Schwartz Set off Dear Mrs .-Moore: We are in receipt of your correspondence 'of March 9, 1987, with regard to the above mentioned 'subdivision. The Article 6 requirement on set off applications was a requirement of the Health Department. The Planning Board and Health Department coordinated on this procedure with, no provisions for a waiver. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~ ~)C}vcLrw BENNETT ORLOWSKI, JR., CHAIRMAN SOUTH OLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary 1961 MAF; ~ '0 . cf'~ and f18/MLM< . ATTORNEYS AT LAW MAIN ROAD SDUTHOLD.NEWYORK 11971 LEFFERTS P. EDSON RUDOLPH H. BRUER (516) 765-1 222 (516) 765-2500 March 9, 1987 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Sanders and Schwartz Set-off, Mattituck, N.Y. Dear Mr. Orlowski: Due to the unique circumstances of this set-off, to wit: two existing, functional houses with separate water and sanitary facilitiesl all of which existed prior to zoning, we request that you waive your requirement (resolution of 2/9/87) that Health Department approval be made a condition of this set-off. Please respond at your earliest convenience. Sincerely, ~ ! r. .. \...., t4 (patrlcla . MO~ PCM/df ~{' ~~ ,--,3 ( ~""-J_/' ./ /1 >. ( .> C .<. V ~.....'" / ,0'"'/ .J., ,_,~,_",~"<"",",~""_,_,;""__""_,",,,,^,'O""''''''''''',,","'_____' . T . Southold. N.Y. 11971 (516) 765-1938 February 13, 1987 patricia C. Moore Rudy Bruer, Esq. Main Road Southold, NY 11971 Re: Sander and Schwartz set off Dear Mrs. Moore: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, February 9, 1987. RESOLVED that the Southold Town Planning Board approve the set off of Sanders and Schwartz located at Bayview Avenue, Mattituck to set off 36,000 square feet from 1.45 acres, survey dated as amended April 30, 1986, subject to: 1. Review and consideration of comments from the Suffolk County Planning Commission. 2. Endorsement of the Suffolk County Planning Commission pursuant to Article 6. Would you please submit six (6) surveys in accordance with the enclosed list for our referral to the County Planning Commission. If you have any questions, please don't hesitate to contact our office. Very truly yours, ~tt OALowA.-lu) (}~ BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD enc. By Diane M. Schultze, Secretary ~ . .\~1/8'1 /U.-C.'d d~ Southold Town Board of Appeals MAIN ROAD. STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE (516) 765,1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3519 Application Dated TO: May 28, 1986 Mrs. Patricia C. Moore Rudolph H. Bruer, Esq. as Attorney for STEVEN P. SANDERS AND ALBERT Main Road Southold, NY 11971 [Appellant (s)] SCHWARTZ At a Meeting of the Zoning Board of Appeals held on January 8, 1987, the above appeal was considered, and the action indicated below was taken on your Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ Request for Special Exception under the Zoning Ordinance Article , Section ~~ Request for Variance to the Zoning Ordinance Article III, Section 100-31, Bulk Schedule [] Request for Application of STEVEN P. SANDERS & AND. for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insuffi- cient lot area, width and setbacks in this pending set-off division of land. Location of Property: Private Right-of-way located off the north side of Bay View Avenue, Mattituck, NY; County Tax Map District 1000, Section 106, Block 06, Lot 36. ) WHEREAS, a public hearing was held and concluded on November 20, 1986 in the Matter of the Application of STEPHEN P. SANDERS & ANO. under Appeal No. 3519; 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 along the east side of Bay View Avenue, Mattituck, having a total area of 66,600i sq. ft. in area (inclusive of "beach" areas and right-of-way), and is identified on the Suffolk County Tax Maps as District 1000, Section 106, Block 06, Lot 36. 2. By this application, appellants request an area variance for proposed Lots #1 of 27,000 sq. ft. and #2 of 39,600 sq. ft. l36,OOO sq. ft. plus 3600i sq. ft. "beach" area), as shown on Sketch Plan Map amended April 30, 1986, prepared by Roderick Van- ,Tuyl, P.C. .;-, ~ . 3. Existing upon the premises are two one-story, single-family wel1ings with patios. It is noted that Certificate of Occupancy IZ-)4091 has been issued dated December 13,1985 indicating the p're'existence of the nonconforming lot area, second dwelling, and insufficient sideyard setback. (CONTINUED ON PAGE TWO) DATED: January 27, 1987. ~,~:orm ZB~__ (reV~:_2~~_"_ CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS -Page 2 - Appeal No. 3519 ... Matter of SANDERS & SCHWART~ ~ecision Rendered January 8, 1987 . 4. In viewing the character of the neighborhood, it is found that five of the eight immediate lots surrounding this property are smaller, having an area of less than one-half acre. The remaining three immediate lots contain an area of approximately 43,000 to 30,000 sq. ft. 5. It is the understanding of the board that the well and sanitary systems servicing the two residences have been in exist- ence and use since prior to April 1957, (see Affidavits of Steven P. Sanders dated October 14, 1986 and Dorothy Z. Byrne dated November 20, 19B5). 6. It is the position of the board that the improvements have existed since prior to the enactment of zoning (1957), and therefore will not create an increase in the density of the residential nature of the property. In considering this.appeal, the board also finds and determines: (a) the relief requested is substantial in rela- tion to the requirements, at percentages of more than 30%; (b) the nonconformity of the property is unique; (c) the relief requested is the minimal necessary under the circum- stances, and there is no other method, feasible for appellants to pursue, other than a variance; (d) there will be no sub- stantial change in the character of the area since each lot as proposed is improved with a single-family dwelling with separate well and sewage systems; (e) the variance will not in turn be adverse to the safety, health, welfare, comfort, convenience or order of the town; (f) there will be no increase in population density since each lot will contain an existing dwelling; (g) in consideration of all the above factors, the interests of justice will be served by allowing the variance. Accordingly, on motion by Mr. Douglass, seconded by Mr. Grigonis, it was RESOLVED, to approve the insufficient area of proposed Lot No.1 of 29,000 sq. ft. and Lot No.2 of 39,600 sq. ft., (inclusive of "beach" area), and Insufficient width and depth, as more particularly depicted by Sketch Map prepared by Roderick VanTuyl, P.C. amended April 30, 1986, for STEVEN P. SANDERS AND ALBERT SCHWARTZ. Vote of the Board: Ayes: Douglass and Sawicki. (Member resolution was duly adopted. Messrs. Grlgonls, Doyen, Goehrlnger abstained.) This * * * 1 k CHARLES GRIGONIS, CHAIRMAN PRO TEM January 27, 1987 . (=,t 1-"'-1 ~..._::.:....i,//.6.~:?T 2:- f'\ ,,\I-'''''-r"" I -.......I...-~-'~..\ , ME..::..L, -;-0 <: f.:..E-. .L ~,.E_E.L:' (11<1 WtZlNq ..$l:CeTUJ ') I bonl l-OT--5t:::.o1-Jr ~1~ C:::UIZ=s'- ~i\)ll0q tJ.~. ~ ~Pl?al/AV" . ;:;2_,~1--''''),~ '_~)'~ 14-,JULi 8v JI/ie .87 . T . LD Southold, N.Y. 11971 (516) 765-1938 July 17, 1986 Mr. Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Sanders and Schwartz Dear Mr. Bruer: The following action was taken by the Southold Town Planning Board, Monday, July 14, 1986 RESOLVED that the Southold Town Planning Board refer the following comments to the Board of Appeals regarding the application of Sanders and Schwartz located at Bayview Avenue, Mattituck. It is noted that there are 2 existing houses on the property and this proposal lessons the non-conformity of that situation. Please don't hesitate to contact our office if there are any questions. Very truly yours, I. ~ &rvN,fJ: c'l J~t..Vu , t/' . BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD /]1;0 I By Melissa Spiro cc: ZBA . . D LD y Southold. N.Y. 11971 (516) 765-1938 June 24, 1986 Mr. Rudy Bruer Attorney at Law Main Road Southold, NY 11971 Re: Sanders and Schwartz Dear Mr. Bruer: The Planning Board reviewed the above mentioned subdivision at the Monday, June 23, 196 Planning Board meeting. It was the consensus of the Board to conduct a field inspection of the premises prior to any recommendation to the Board of Appeals. Would you, please, also foward the filing fee in the amount of $50 and a deed of the property. Please contact this office if you have any questions. Very truly yours, ~C"-k....Ltt.. ~:Vr( C'/ ,,~.J..L>>vd.--'M BENNETT ORLOWSKI, JR~~AIRMANPr SOUTH OLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary . . " Southold. N.Y. 11971 (516) 765-1938 June 19, 1986 Environmental Analysis unit DEC, Building 40, Room 219 SUNY Stony Brook, NY 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the subdivision of Sanders and Schwartz, located at Mattituck, Tax Map No. 1000- 106-6-36. This project is unlisted and an initial determination of nonsignificance has been made. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until July 3, 1986. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of lead agency. Very truly yours, &1.- "'-Ltt Qr~~ ~ C}voL ~ BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. cc: Department of Health Services ":T"_.~- . 14-,{,4 (9/84) MAY 2 8 1Q,6 ~,~ "/PRO)ECT 1.0. NUMBER 1\ NEW VORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION 1 iIA '''''"00'' "'""'~'^"""' @. I..' SHORT EN~i~~Nv~oENe;~L a..\~~E~~MENT FORM ' For UNLISTED ACTIONS Only PART I Project Information (To be completed by Applicant or Project sponsor) ,. Applicant/sponsor 12. Project Name RUdolph H. Bruer Set-off for Sanders & Schwartz 3. Project location: Municipality Southold County SUffolk 4. Is proposed action: ~ Modification/alteration o New o Expansion S. Describe project briefly: Set-off of property to create two (2 ) residential lots with one (1) dwelling per lot. Lot U comprising 27,000 sq. ft. and Lot #2 comprising 36,000 sq. ft. 6. Precise location (road intersections, prominent landmarks, etc. or provide map) See survey submitted herewith 7. Amount of land ffec,rg 1.45 Initially . acres Ultimately acres 8. Will proposed action comply with existing zoning or other existing land use restrictionsl DYes []{ No If No, describe briefly We will seek ZBA approval for undersized lots. 9. What is present land use in vicinity of project? rn Residential o Industrial o Commercial o Agriculture o Parklandfopen space o Other .. Describe: Two dwellings on one .l-ot (nonconforming preexisting use) '0. Does action involve a permit/approval, or funding, now or ultimately, from any other governmental agency (Federal, state or local)? ~ Yes 0 No If yes, list agency(sj and permit/approvals N.Y.S. DEC - Tidal Wetlands Southold Town Zoning Bd. of Appeals - variance for insufficient area ". Does any aspect of the action have a currently valid permit or approvaU IXJ Ve, o No If yes, list agency name and permit/approval type Each dwelling has a valid Certificate of Occupancy 12 As result of proposed action will existing permit/approval require modificationl DYes []{ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Rudolph H. Bruer 5/28/86 APPI","u,porn~,' , Date: ~t.R/L S;g,"we. ~ If the action is in the Coastal Area, and you are a stale agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II Environmental Assessment (To be completed by Agency) A. Does action exceed any Type I threshold in 6 NYCRR. Part 617.121 [] Ye, [] No If yes, coordinate the review process and use the fUll/LONG FORM EAF B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR, Part 617.71 involved action. [] Yes [] No If No, a negative declaration may be superceded by another C. Could action result in ANY adverse effects on, to, or arising from the following: (Answers may be handwritten, if legible) (1. Existing air quality. surface or groundwater quality or quantity, noise levels. existing traffic patterns, solid waste production or disposal, potential for Nosion, drainage or flooding problems1 Explain briefly: (2. Historic, archeological. visual or aesthetic, or other natural or cultural resources; 38ricu1tural districts; or community or neighborhood character? Explain brief!> C3. Vegetation or fauna, movement of fish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly C4. ^ community's existing plans or goals as officially adopted. or a change in use or intensity of use of land or other natural resources? Explain brierly. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Secondary, cumulative, or other effects not identified in Cl-(6? Explain briefly C7. A change in use of either quantity or type of energyl Explain briefly PART III Determination 01 Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. o Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl/LONG FORM EAF andlor prepare a pOSitive declaration. o Check this box if you have determined, based on the information and analysiS above and any supporting documentation. that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: Agency Name Agency Preparer's Name ~__~~_~,,_______________~_~_ Preparer'sSignatureiTitle Ddte ,- "-_",,,,,,~_...<.._,,,,-,,~.,,.c~,,_,~_,~,_-,,,,,,._~.., . . Southold Town Board of Appeals MAIN ROAD - STATE ROAD 2S SOUTHOLD. L.I.. N.Y. 11971 TELEPHONE (5161 765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI May 29, 1986 Mrs. Patricia C. Moore Edson and Bruer, Esqs. Main Road Southold, NY 11971 Re: Appeal No. 3519 - Sanders and Schwartz (Variance) Dear Pat: this letter will acknowledge receipt of your recent appli- cation. The members of the Board of Appeals ~ill be conducting field inspections and environmental reviews as m..ay be required by State and local laws prior to scheduling your application for a publ i c heari ng. It is requested in the interim that you proceed with the [X] Planning Board [] N.Y.S. D.E.C..[XX ]Co. Health, Art. VI in order that they may submit their written comments or recom- mendations as early as possible. Upon receipt of their input, your application will be scheduled for the next available hear- ing date. . If the above document (s) are submi tted by 1 ate July, it is expected that the public hearing ~outd be held about the middle part of August. A copy of the notice of hearings as published in the Long Island Tyaveler-Watchman and the Suffolk Times will be sent to you as confirmation. Please feel free to call at any time if you have any questions. Yours very truly, (5'" rf\. s\ 1/'\ \ qh BY ORDER OF THE ~BP RD OF~P EALS -~. l~a owalski cc: Planning Board .. ,. ~~ ~ (jg4<aM< ATTORNEYS AT LAW ~~'{ ~ ~ \Cjroco MAIN ROAD SOUTH OLD. NEW YORK 11971 LEF"FERTS P. EDSON RUDOLPH H. BRUER (516) 765-1 222 (516) 765-2500 May 25, 1986 Bennett Orlowski, Jr., Chairman Southold Town planning Board Town Hall Main Road Southold, New York 11971 Re: Set-off for Sanders and Schwartz Mattituck, N.Y. Dear Mr. Orlowski: Enclosed please find application for set-off of two existing dwellings on one (1) lot, together with twelve (12) copies of survey showing proposed set-off. This project has also been submitted to the zoning Board of Appeals for a variance and to the D.E.C. for a determination of jurisdiction. Please schedule this project for the earliest possible hearing date. If you have any questions or comments, please do not hesitate to call. Very truly yours, (?~d: J?~ patricia C. Moore Legal Assistant PCM/df Encs. . . M~'{ 28 1986 , '. APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of SouthoM : The undersigned applkant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southolcl Town Planning Board, and represents and states as folJows: I. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be ......... .$!'\t:-.Qt.t:. .t:9.r.. ~.t~.'('?n. ~.'.. .1'!<;l!1.9~.~~ and Albert Schwartz 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber .... ~.~ ~.1!. . . . . . . .. .. . . . Page .. .2. ~ ~.. . . . . . . . .. .. . .. On 12/16/85 . ........................ Liber ........................ 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 ...J, t.4 ~ . . . . . . . . .. acres. 6. All taxes which are liens on the land at the date hereof have been paid except ............ 2nd half property taxes for Town of Southold ............................................................................................... 7. The land is encumbered by ...... C?~~. . ( p . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . mortgage (s) as follows: (a) Mortgage recorded in Liber .............. Page.................. in original amount of $...3D.O,.00.Q. unpaid amount $ . ...~O.Q/.QO.Q....... held by . .$9.l!t)1.9~.q..~<;lY.~!1.gs . .J3.'!-!"1.~...... address... ~~~.~.~o~.~!. .S.ou.t~o.ld.'.. N. ~ '!.:. .11.9.7~................. (b) Mortgage recorded in Liber ......... Page ....................... in original amount of .............. unpaid amount $...... . . . . . . . . . . . . . . .. held by ...................... . . . . . . . . . . . . .. address ................. .............................................. . . (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $...... . . . . . . . . . . . . . ... held by ...................... . .. . . . . . . . . .. . . . . . . . .. address ............. 8. There arc no other encumbrances or liens against the land except ........................ .. ?~l:l.~J:1!-'.~?. S.a'(i.n9.f!. .Ba.~k. .mo.rt<;lCi<;le.. 9. The land lies in the following zoning use districts .... ~?\ ~ :-.~~.~ i~~~~ ~.C!~/A.g:r ~.<eu.~ t.ura1 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex~ as indicated on survey cept ................................................................................... 11. The applicant shall at his expense install all required public improvemcnts. 12. The land (dnex) (does not) lie in a Water District or Water Supply District. Name of Dis. trict, if within a District, is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13. Water mains will be laid by .......... .NI.A............................................. and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ......~!~............................... lines. and (a) (no) charge will be made for installing said 15. Gas mains will be installed by .......... .t'!( A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets In the Suffolk County Highway system. annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets In the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the app licant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots sho\'\.'ing- all rf'strictions, covenants, etc. Annex Schedule HD". . . 22. The applicant estimates that the cost of grading and required public improvements will be $. ~(!\.... as itemized in Schedule OlE" hereto annexed ancI requests that th(' maturity of the Performance Bond be fixed at ............ .. years. The Performance Bond will he written by a licensed surety company unless otherwise shown on Schedule "F". DATE............ .!:lax. .~~........., 19.. ~6 Steven P. Sanders & Albert Schwartz ................................................ ::??I:I.ica t) ........... (Si~~d tie) Rudolph H. Bruer Attorney for APplicants ..... .MaJ.n. .Ro.ad,. Soutnol.d,. .N...Y........ (Address) STATE OF NEW YORK. COUNTY OF...... S.l!~!:C?~~................. ss: 2'~ May 86 On the .................. day of. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 19. . . . . ., before me personally came ... ~.~?~~?~..~:. .~.r.~~.~.................. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that. . . . !1.E:. . . .. executed the same. N~~2;~ppp ARY PUBLIC State ot Ny. No. .52.4655242, Suffolk ~~~f Qr. CommlS$IOn txpires March 30, J~7 STATE OF NEW YORK. COUNTY OF . . . . . . . . . . . . . . . . . . . . . . . . . . .. ss: On the day ............ of ............... 19......, before me personally came . . . . . . . . . . . . . . . . . . . . . to me known. who being by me duly sworn did de- pose and say that. . . . . . . . . . .. resides at No. .................................................... . . . . . . . . . . . . . . . . . . . . . . .. that .......................... is the .......... .................. of the corporation described in and which executed t he foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation. and that............ signed.............. name thereto by like order. Notary Public . ~ .MJl.~ 28 1986 .. .... - - May 2', 1986 Southold Town Planning Board Town Hall Southold, New York 11971 Re: Set-off for Sanders & Schwartz Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. ~;;.'~ Attorney for Applicants '0 PLOT K -~ ",,"" . t,"O 'Of.... . .08 .. . "". "-- ~~:; ~ ',. ~t 0 C'.P Z /', F/O p'.OT J \ LOT 1 H . Of.:A.CH-' ~ ~,' - PIO LOT H !It .890"44;OO"W_ I .. ,. ~ '. , . '.~. ,0/ ,- ., 00 .. N 2......16 PIO PLOT H '" , .'Q" ~ ~ , ~...... .~ ."' -9 ....._,... '0 ---1"'- o Lor, "R~A = 25.7U6.61 so FT OR. O. 5~O~ f.l(;. '0 ,if' line- lOT 2 AREA 36,45790 OR 0.8370 tiC. to ",eo lint" /0 ,(,/ .- lolo--g /"-. -t.- \L Z /,..., I~ ~ . 0'14.... _l'f:~=7 le S sa" 59'50"W 50.00' .1 0, I oloQ84" ---.:.---~_J"--- ~ -10 TOTAL lIRE.t1 , e;/ OR L 42.?1 AC. roh,h..eo :s 62,16451 5O.FT BAY VI EW AVENUE '" ~) <. l""'....~~ .f _ ($1 n '" o - " I Jl . ' &'" - "-1 _ i~f ~". 4J (, ~ ,,0 0 l< '-' ;::, l- I- I- <{ ~ 1 ... " " ,. ~ ~ ... \ \, } ..-.,C. f --yt't.4......-- /. " ....."7r~>'(< II \, ~\ KEY MAP , '.c-, ... "' ... '" " , SU RVEY FOR ALFRED D,R'CHARDS a MARJORIE J. RICH-ARDS AT MATTITUCK TOWN OF SOUTHOLD SUFFOLK CeuNTY,N.Y, f06 06 36 SCALE I"~ 40' NOV. II. 1967 fEB iIO,I9S8 ;: E-< H '" H :I: [;j )I..,.-,....Hlor d ........ lor rf>it...;,t .-...., G''l'O..'?>, .............r. 01....::. wi! """"--ro.,., 000 _t of 1hq'1lI s..-n... c.....,.. 0... CERTIFIED TO- AQUE80GUt:: ABSTRACT CORP ~RU(.'€NnAl HOME ,."ORTGAGE CO ALFRED 0 .IilCHARDS MARJORIE J RrCHAROS . .,..;Ih.~ ..;d...w... 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