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HomeMy WebLinkAbout1000-106.-8-20STAN££y RO~D Subd/v/~ior~ - "Sunset Knolls 406.40' Suf£ Co. F#e No, 5025 DlVtS'lOll OF ENVIRONMENTAL I!EALTH DEPT. OF HEALTH SERVICES, SUFFOLK.~I~TY HAUPPAUGE, N.Y. JUNOt~ -+u is IoCO]~u. .. . *hot tim ~r.~r'~he pessibihtY ex,SiS~_~ trace w~ter su~ptY t~c~d~s .nd/or ~dr~t~s. ,this. Oe~dment prior t0 '.AN IeOR Dt?lS 8 HELEN DRIS Ar MArrlrucK rOWlV oF $our~/o/.o su/~ot~c COUNTY, N£W scAz£, /"./oo' ~;~fT~~/i, DATE DSC 22, 1982 M4Y 17, 1983 SOUTHO~ TOW~ P~Hi~G BOARB YOUNa 8 YO SHEET I OF PEAN, NING-BOAR. D TQ~ O~,,SOUTHQED Southold, N.Y. 11971 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSK1, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Mr. John J. Munzel 548 Roanoke Avenue Riverhead, New York 11901 July 26, 1983 TELEPHONE 765-1938 Re: Anthony & Helen Dris Minor Subdivision Dear Mr. Munzel: The following action was taken by the Southold Town Planning Board, Monday, July 25, 1983. RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled "Anthony & Helen Dris" located at Mattituck was submitted to the Planning Board on September 22, 1982 and, a filing fee of $100 was paid on December 6, 1982, WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on July 11, 1983 at 7:30 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of "Anthony & Helen Dris" for approval of said subdivision plat prepared by Young and Young dated May 17, 1983 , be approved and the chairman be authorized to endorse approval on said subdivision plat subject to receipt of filed and recorded covenants and restrictions stating that the premises will not contain more than four lots at any future date. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary DECLARATION OF COVENANTS AND RESTRICTIONS made this ~ ~day of ~~, , ]983, THIS INDENTURE by ANTHONY and HELEN DRIS residing at Washington Avenue, South Jamespert, New York, hereinafter called the Declarant. WHEREAS~ the Declarant is the owner in fee simple of a certain parcel of land situate at Mattituck, Town of Southold, Suffolk County, New York, and designated on the Suffolk Ccunty Tax Map as District 1000 Section 106 Block 08 and Lot 020containing approximately 12.4074 acres, being the same premises acquired by the Declarant by deed dated July 17, 1982 and recorded in the 'Suffolk COunty Clerk's Office on July 22, 1982 in Liber 9215 of deeds ~t pages 93-97 and referred toherein as the "premises' "and WHEREAS, the Declarant intends to subdivide said premises and desires to subject said premises to certain conditioHs, covenants and restrictions in order to ~reserve the maximum open space, natural scenic beauty and natural vegetation and to prevent overcrowding and to conserve the Fround water resources of the Town of Southold? and WtIEHEAS, the Declarant had applied to the Planning Board of the Town of Southold for approval of the subdivision and development of the premises as a Minor Subdivision, to contain not more tha~ four (4) lots or parcels. NOW, THEREFORE, the Declarant does hereby declare that the aforesaid premises and every ~amtion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every ~urchaser of said premises, or JOHN J. MUNZEL · ATTORNEY AT LAW - 548 ROANOKE AVENUE · RIVERHEAD, NEW YORK 11901 any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased sh~]l be held subject to the covenants, conditions~ and restrictions hereinafter set forth: 1. The aforementioned parcel consisting of approximately 12.4074 acres shall not: be subdivided into more than four (4) lots without prior approval of the Southold Planning Board. 2. That a].~.°£ t~enants, conditions and restrictions con- rained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against: the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, their heirs, successors and assigns; any owner of any por- tion 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 WITHNESS WHEREOF, this and year first above written. indenture has been executed the day ~HELEN 'DRIS JOHN J. MUNZEL · ATTORNEY AT LAW · 548 ROANOKE AVENUE · RIVERHEAD, NEW YORK 11901 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS. On the a~ da¥~of ~ ~-~' , 1~8~, ~efore me personally came ANTHONY DRIS and HELEN DHIS to me known,./ ~ ~ known to me to be the individuals described~ in and who executed/ (e foregoing instrument and acknowledged th~t~ the~ executed the ~a~/ ~ ' JOHN J. MUNZEL · ATTORNEY AT LAW · 548 ROANOKE AVENUE · RIVERHEAD, NEW YORK 11901 TOWN CLERK 'town oF souTHoL~ N.O . 89 Suffolk County, New York 516 - 765-1801 Southol~l~,. ~Y. MINOR SUBDIVISION 1. 6 copies sketch plan received~/~'/[~-d~ spot elevations sent to Planning Board 2. Meet with Planning Board 3. Required changes sent in writing 4. New submission received 5. Approval of sketch plan 6. Sent letter with resolution approving 7. Application and fee If corporation, affidavit of ownership 6 copies of' final map Covenants and restrict'ions Description of property Note on plat that sanitation ans water facilities meet County Board of Health specifications Developer attend meeting (official submission) 8. Public Hearing (within 45 days) Advertised Affidavits of publication received 9. Action by Planning Board (within 45 days) 10. Sent to County Planning Commission Received County's recommendations 11. Filed covenants and restrictions received 12. Authorization and signing of map JOHN J. MUNZEL ATTORNEY AT LAW RIVERNEAD, NEW YORK I 1901 October 20, 1983 Henry E. Raynor Southold Planning Board Main Road Southold, New York 11971 Dear Mr. Raynor: Re: Anthony & Helen Dris Minor Subdivision Enelosed herein please find Declaration of Covenants and Re- strictions relative to the above matter. If you should have any questions, pi ase~?/~/h ~ ~/yours, · /OHN Y[ flUNZEL JJM:maw Ene. // et/Anthony & Helen Dris CONSULT TOUR LAWYIR OlFOll SHJNBN TNWS INBYRUMINT * THIS INSYRUMINT SNOULD BE US~ID BY LAWYIUS ONLY THIS I{k'{)~.lk"~J{{~ made the / ~./~ day of ~luly ;nineteen hundred and eighty-two BF-TwErd~ CHAFTRS KLEINSCHMIDT,' ~siding at 5000 Van Buren Street, Hollywood, Florida 33021 and ANNA MAY YOUNG, residing at 3315 Christi~ Boulevard, Toledo, Ohio 43606 party of the frst part, and ANTHONY DRIS and HELEN DRIS, his wife, both residing at Washington Avenue, South Jamesport, New York 11947 -'~y ot ~ part, WITN~q~S~T~ that the party of the first part, in consideration of ten dollars and o-t~'er valuable consideration ' paid by the party of the second part, does hereby grant and release unto the partY of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, vri~4r-~e%u~-ond-~n~.ments"t~-renn'e~'eted, situate, lying and being~m~lec at Mattituck, in the Town of Southold, County of Suffolk and State of New York,more particularly bounded and described as follows: BEGINNING at a concrete monument set in the westerly side of Breakwater Road, also known as Luther's Road, distant northerly 367.95 feet when measured along the westerly side o~ Breakwater Road from a concrete monument set in the westerly side of Breakwater Road where the same is intersected by the northeasterly corner of land now or formerly of Stanley Sledzieski, said point of beginning being also at the northeasterly corner of land now or formerly of August Hacknauer; running thence from said point of beginning S 87° 39' 20" West and along sai~ land of August Hacknauer, 224.29 feet to land now or formerly of Stanley Sledzieski; thence northerly and along said land of Sledzieski 1064.05 feet to land now or former] of Otis Cox; running thence easterly and along said last mentioned land 848.80 feet to the Westerly side of Breakwater Road; thence southerly and along the westerly side of Breakwater Road !079.6 feet to'land now or formerly of August Hacknauer at its point or, place of BEGINNING. The above described property is more particularly described in the attached Schedule A, as shown on the survey by Young and Young, dated July 19th, 1982. BEING AND IhT~NDED TO BE the same premises acquired by the grantors herein under the terms of the Last Will And Testament of Charles B. Kleinschmidt, Deceased. Suffolk County Surrogate's Court File 271 P 79. ' TOGETHER with all right, title and interest if any, of the party of the firstpart .in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the ,s~ond part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has~ot done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law~ t~)venants that the party of the first part will receive the consideration for this conveyance and will hold the i'ight to receive such consid- · eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part'or' the total of the same for any other purpose. The word "patty" shall he construed as if it read "parties" whenever the sense of this indentpre ".o requires. IN WITNESS written. IN PR]~.SENCE OF: w..._o,,, the -- RECEIVED REAL ESTATE part has duly executed tbis deed the day and y~y3rst above C~ARLES 'KLEI/NscHMIDT' ;~NNA MAY YOUN~ ~ ~'~ STATI OF NIW yORI~ C;OUNTY OF SSI On the ~OJdaY of July 19 8~before me personally creme CHARLES KLEINSCHMIDT to nit known to bc the indivklnal described ~n and who executed the {orcgoing instrument, and acknowledged tha~ he executed the ~me. ST&TI OF NIW yorK. GOO%4Ty OP SS, On thc ~ d~ of' ' 19 , ~fore me personally came to ne known, who, ~ing by me duly sworn, did de.se and ~ay that he res des at No. ; ~hat he is the of the cor~ration descri~ in and which executed the foregoing instrument; that he knows iht seal of mid co.ration; that the seal affixed ~o said instrument is such cor~ra~c seal; that it was ~ affixed by order o~ ~he ~rd o~ directors' of ~id co~- tion, and t~t he si~ed h ~mc thereto by like order. oHXO Onthe 19~ ~yof Jul~ 1982 ,~fo~me ~rsonally c~e ~g ~Y Y0~G to me known to ~ the individml descried in ~d who executed the foregoing inst~m~t, ~d acknowl~ O~ the ~ o %.- - personally ~me ' the sub~ribing witness to ~e f~ego~ ~st~m~t, witt wh~ I am ~rmmlly ~qmint~, who, ~n[ by ~ dul~ sworn, did de.se and ~y that he ~si&s at No. tMt he'~OWS to ~ the ~divid~n descri~ in and who executed the foregoing inst~ent that he, ~id subKribinK wit~ss, was pre~t ~d . e~te ~e ~e land ~t he, ~d wit~: at ~e ~ ~e sub~ri~ .h ~ as wimeu theret. ANTHONY DRIS & HELEN DRIS, ' his wife A#DASD FORM OF OtW YORK SOARD OF Y,TLE UODE~KiTEM ~ON tOT ~OUNTY OR TOWN B~tum by ~ m kI. NflO0 ~30~1.4 FIS ]0193-1 'r idNH.LBY 030UOO3U LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York in said town on the llth day of July, 1983, on the question of the following: 7:30 p.m. Approval of the minor subdivision of Anthony & Helen Dris located at Mattituck in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the Westerly side of Luthers Road als~ known as Breakwater Road distant 186.37 feet as measured Southerly along said road from the Southerly end of a curve which Connects the Westerly si~e of Lu~hers Road also known as Breakwater Road with the' Southerly side of Stanley Road; said point also being where the Southerly line of lands shown on Subdivision Map of "Sunset Knolls" filed Map ~5023 intersects the Westerly side of Luthers Road also known as Breakwater Road; RUNNING THENCE from said beginning point along the Westerly side of Luthers Road also known as Breakwater Road the following four (4) courses and distances: 1. South 22 degrees 14 minutes 20 secOnds West 326.86 feet; 2. South 28 degrees 55 minutes West 329.00 feet; 3. South 22 degrees 45 minutes West 46.40 feet, and 4. South 17 degrees 50 minutes West 377.34 feet to a mgnu~ent set at the Northeasterly corner of lands,now or formerly of'Stephen W. Kistela; RUNNING THENCE along the Northerly line of lands now or ~ormerly of Stephen W. Kistela and through a monument South 87 degrees 39 minutes 20 seconds West 224.29 feet to the Easterly line of lands now or formerly of Stanley and Helen Sledjeski; RUNNING THENCE along said lands now or formerly of Sledjeski and along ~he Easterly line of lands shown on Subdivision MaP "Sunset Knolls Section 2''' filed Map ~5448 distances: 1. North i1 degrees 2. North 11 degrees 3. North 11 degrees the following three (3) courses and 11 minutes West 391.55 feet to a point; 34 minutes West 182.00 feet to a point; .and 07 minutes West and through three (3) ~onuments 490.67 fee~ toga monument; RUNNING THENCE along the Southerly line of Subdivision Map of "Sunset Knolls", (2) courses and distances: filed Map #5~3 ~he lands as shown on following two 1. South 88 degrees 47 minutes East and through two 406.40 feet to a point; and . 2. South 85 degrees 39 minutes East 442.40 feet to the Westerly side of Luthers Road also known as Breakwater Road the point or place of BEGINNING. Containing 12.4 acres. (2) monuments Any person desiring to be heard on the above matter should appear at the time and place above specified. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD HENRY E. RAYNOR, JR., CHAIRMAN PLEASE PUBLISH ONCE, JUNE 30, 1983 AND FORWARD ONE AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD, SOUTHOLD, NEW YORK 11971 Copies mailed to the following on June 27, The Suffolk Times Long Island Traveler-Watchman John J. Munzel, attorney for applicant William R. Petl, III, Supervisor 1983: NOTICE OF HEARING NOTICE IS HEREBY GIV- EN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York in said town on the ltth day of July, 1983, on the question of the following: 7:30 p.m. Approval of the minor subdivision of Anthony & Helen Dris located at Ma~ituck in , e Tow~, cf SO.~:~!.d. Cm,ntv of Suffolk ~nd State,of New ~'or~ be]ne de~ttbed BEGINNING U& the Westerly side of Luthers Road also known as Break- water Road distant 186.37 feet as measured Southerly along said road from the Southerly end of a curve which connects the Westerly side of Luthers Road also known as Break- water Road with the Southerly side of Stanley Road; said point also being where the Southerly line of lands shown on Subdivision Map of "Sun- set Knolls" filed Map ~5023 intersects the Westerly side of Luthers Road also k~own as Breakwater Road; RUNNING THENCE from said beginning point along the Westerly side of LutJ~rs Road als. known as Breakwater Road the following four (4) courses and distances: 1. South 22 degrees 14 minutes 20 seconds West 326.86 feet; 2. South 28 degrees minutes West 329.00 feet; 3. South 22 degrees 45 minutes West 46.40 feet, and 4. South 17 degrees 50 minutes West 377.34 feet to a monument set at the North- easterly corner of lands, now or formerly of"~Stephen W. Kistela; RUNNING THENCE along the Northerly line of lands now or formerly o~ Stephen W. Kistela and through a monu- ment South 87 degrees 39 minutes 20 seconds West 224.29 feet to the Easterly line of lands now o~ formerly of Stanley and He~en Sledjeski; RUNNING THENCE along said lands now or formerly of Sledjeski and along the Easter ly line of lands shown on Sub- division Map "Sunset Knolls Section 2" filed Map ~5448 the following three (3) courses and distances: 1. North 11 degrees 11 mtn- COUNTY OF SUFFOLK STATE OF NEW YORK Patricia VVood, being duJy sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public ~ewspaper printed at Southold, in Suffolk County; and thct ~he notice of which the annexed is a printed copy, has been published in said Long island Traveler-Watch- man o~ce each week for ........................ ./. .............. weeks su::cessively, commencing on the .............. .3..f...~.. ............. dcr~____.~...........~'"~-~. ................. 19. Sworn to before me this ................................ day of 19....~3. ~ bmllm~ Roe or' lwis as shown on Subdivision Map o~ "Sonsat Knolls," filed Map #S023 the following two (2) courses and distances: 1. Sonth 88 degrees 47 minutes East ~ml through two (2) monumeats 406.40 feet to a point; and 2. South 85 degrees 39 minutes East 442.40 feet to the Westerly side o~ Luthers Road etso known as Breakwater IIoad the point or place of BEGINNING. Containing 12.4 acres. Any person desiring to be koard on the above matter lbould appear at the time and ld~ce above apocLqed. RY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD HENRY £. RAYNOR, JR., CLEMENT d. THOMPSON NOTA~ f~SUC, S~e M ~ y~ ~mmi~n ~r~ ~mh ~, l~ Legal .NOt ! LEGAL NOTICE Notice o! Kearlag NOTICE IS HER GIVEN that pursua~, Section 276 of the Town PUblic hearings will be hi the Southold Town l~oard at ~he Town Hall, sad, Southold, New Y~ said town on thb llth 7:30 p.m. Approval 0 minor subdivision of Ant & ttelen Dris lo~t~. Mattituek in the Southold, County of and State of New Y~rk, more particularly bout and described as follows: BEGINNING at a pein ]SURd® the westerly Side of Lut[~v/notov Road also known Breakwater Road dist 186.37 feet as measul~[C[ Heavy Dt Reg. 30 Transmiss Fluid For all cars, Marine Outboard Si Delvac Diesel Oil -- ', TOP QUALITY M(~ SUMMEJ; 40 PIECE sec WRENCH SET Metric and Inch FREE WITH MOBIL 1 OIL FILTER AND up tO Limited offer, supply lasts. STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) Joan W. Gustavson of Greenport, in said County, being duly sworn, says thereSa/she ia Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk end State of New York, and that the Notice of which the annexed ia u printed copy, hms bean regularly published in said Newspaper once each week for one weeks successively, commencing on the ~0th day of HELEN K. DE VOE NOTARY PUBLIC, State of New York No 4707878, SuRotk Cour)tk Term Expires Nlarch 30, Principal Clerk Sworn to before me this 3Oth day of June 19 83 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSK1, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 1 t971 TELEPHONE 765-1938 June 23, 1983 Mr. John J. Munzel Attorney at Law 548 Roanoke Avenue Riverhead, New York 11901 Re: Anthony & Helen Dris Minor Subdivision Dear Mr. Munzel: The following action was taken by the Southold Town Planning Board, Monday, June 20, 1983. RESOLVED that the Southold Town Planning Board set July 11, 1983, 7:30 p.m. at the Southold Town Hall, Main Road, Southold, New York as the time and plaqe to hold a public hearing on the question of the approval of the minor subdivision of Anthony & Helen Dris~ located at Mattituck. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary COUNTY OF' SUFFOLK DEPARTMENT OF PLANNING (516) 360-5207 LEE E. KOPPELMAN June 14, 1983 Mr. Henry E. Raynor, Jr., Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 Re: Minor Subdivision - Anthony Dris and Helen Dris W/s Luthers Road, 220'~ s/of Stanley Road, Mattituck, N.Y. Dear Mr. Raynor: Please be advised that pursuant to Section 1333, Article XIII of the Suffolk County Charter that the above captioned plat is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Lee E. Koppelman Director of Planning Charles G. Lind, Chief Planner Subdivision Review Section File: 1333-NJ-83-18 CGL:jk PL'A~N INC ~BO.A~, ,O TOWTN 01~, SOUT,~IOLD S UEFOLK~Cp~N~TY Southold, N.Y. 11971 HENRY E, RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 June 10, 1983 TELEPHONE 765- 1988 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) Anthony & Helen Dris Hamlet Mattituck Tax Parcel Identifier No. 1000 106 08 020 Material Submitted: Minor Subdivision - Class A(3 copies) Major Subdivision (3 Copies) X Class B (2 copies) Preliminary Map (1 copy) Darinage Plan (1 copy) Grading Plan (1 copy) Other material ; Topographic Map (1 copy) ; Street Profiles (1 copy) ; Planning Board Res. (1 copy) (specify and give number of copies) X Waiver of Subdivision Requirements - See attached sheet X Comments: This application has received Department of Health approval dated June 6, 1983. Very truly yours, Henry Eo Raynor, Jr., Chairman WAIVER OF SUBDIVISION REQUIREb~NTS (Map of) (Hinor Subdivision-) Anthony & Helen Dris Ham2et or Village Ma~.t~tt]ck Town Southold The following items normally required as part of the subdivision applica- tion have been waived. Check, as required. Preliminary Map Street Profiles Other (describe) Topographic Map Drainage Plan X Grading Plan X Lands'cape Plan X 1) ~[ino r Subdivision a) Not required by subdivision regulations b) c) X Subdivision of lot on an existing improved filed map Other (describe) 2) Major Subdivision a) No new drainage structures and no changes in existing drainage proposed x b) No new roads and no changes in existing roads proposed c) No major site clearing and grading proposed X d) Other (describe) X HENRY E. 1Ls. YNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 June 10, 1983 TELEPHONE 765-1938 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, New York 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the minor subdivision of Anthony & Helen Dris, located at Mattituck. This project is unlisted and an initial determination of non-significance has been made. We wish to coordinate this action to confirm our initial determination in our role as lead agency. May we have your views on this matter. Written comments on this project will be received at this office until June 27, 1983. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Enc. cc: By Susan E. Department of Health Services Long, Secretary ALDEN W. YOUNG YOUNG ~ YOUNG 400 OSTI~NDER ~.VENUE RIVERHE~D, NEW YORK n~ HOW~ta~.D W. YOUNG Ju_ne 8, 198~ P~['s. Helen Dris P. 0. Box 326 : South James'port, New York ]1970 ~UN ~ REt'0 Dear ~Wlrs. Dris: We have received Minor Subdivision Plan prepared for Anthony Dris and Helen Dris at Hattituck, New York from the S~ffolk County Department of Health Services w~th the [;r with three stamp of approval ~,~ prints of the AWY/rab enc. and az~e transmitting here- approved p]~. Very truly you_rs, Alden W. YouDg HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 May 6, 1983 TELEPHONE 765-1938 Mr. John J. Munzel Attorney at Law 548 Roanoke Avenue Riverhead, New York 11901 Re: Anthony & Helen Dris Minor Subdivision Dear Mr. Munzel: Thank you for your letter of April 6, 1983. This was discussed at our meeting held May 3, 1983. We would request that you file covenants and restric- tions with our office stating that no more than four (4) lots would be created on the entire premises at any future date. We would also request six additional copies of the subdivision map for our referrals under the State Environ- mental Quality Review Act. Prior to our scheduling a public hearing on this pro- posal, we require compliance with Article 6 of the Suffolk County Department of Health Services. Upon receipt of this information, we will schedule a time and date and notify you of same. Please contact our office if you have any questions. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary JOHN J. MUNZEL A~ORNEY AT LAW 54E ROANOKE AVENUE APR 1 ! REC'D April 6~ 1983 Henry E. Raynor, Jr. Southold Town P~anning Board Lain Road Southold, New York 11971 Re: Anthony & Helen Dris Minor Subdivision Dear Mr. Raynor: I am sorry that my letter of Larch 1, 1983, was unclear regarding the above. The statement of paragraph two is correct that no more than four (4) lots would be made out of the entire premises. I trust that this clears up any misunderstanding. Thank you for the courtesy of your letter of April 1, If you should have any questions, contact this office. JJL:maw cc/Anthony & Helen Dris 1983. pleas~ldo not hesitate to   ruly yours~ J. MUNZEL HENRY E. I~YNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSK1, Jr. GEORGE RITCH[E LATHAM, Jr. WILI3AM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 April 1, 1983 Mr. John J. Munzel Attorney at Law 548 Roanoke Avenue Riverhead, New York 11901 Re: Anthony & Helen Dris Minor Subdivision Dear Mr. Munzel: Regarding your letter of the 1st, paragraph one, you state that the applicant wishes not to further subdivide the property into more than four (4) lots with lines other than presently existing. Am I to construe that you are request- ing from lot number one an additional four lots, or as you state in paragraph two, there will be no more than four lots on the entire premises. Please advise. Thank you. Very truly yours, sel Hengy E. Raynor, Jr., Chairman Southold Town Planning Board JOHN J. MUNZEL ATTORNEY AT LAW 548 ROANOKE AVENUE RIVERHEAD, NEW YORK 11901 516 * 727-7345 March 1, 1983 Planning Board Town of Southold Main Road Southold, Hew York 11971 Re: Anthony & Helen Dris MinOr Subdivision Attention: Gentlemen: Henry E. Raynor~ Jr., Chairman Please be advised that my clients do not wish to sign the declarations as they are but wish the option of dividing the property into no more than four (4) lots with lines other than presently exist. This is a family complex and it may come to pass that some of the children may want additional lands and they may want to restruct- ure the lot:s but under no circumstances will there be more than four (4) lots in the eAtire premises. Mrs. Dris will be happy to attend the board meeting to explain further should that be necessary. Please advise as to when she can be placed on the calendar. Thank you for your courtesy and cooperation. Very truly yours, JOHN J. MUNZEL JJM:maw cc/Anthony & Helen Dris HENRY E. RAYNOR, h., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILL~AM F. MULLEN, Jr. Southold, N.Y. 1 1971 TELEPHONE 765-1938 February 16, 1983 Mr. John J. Munzel Attorney at Law 548 Roanoke Avenue Riverhead, New York 11901 Re: Anthony & Helen Dris Minor Subdivision Dear Mr. Munzel: Your letter of January 10, 1983 was discussed at our regular meeting of February 7, 1983. It was the concensus of the Board to request a layout of the entire tract designating a major subdivision as you have indicated a possibility of further subdivision in the future. If you have any questions, please contact our office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary JOHN J. MUNZEL ATTORNEY AT LAW .548 ROANOKE AVENUE RIVERHEAD, NEW YORK 11901 JAN January 10, 1983 Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision Dris Gentlemen: Please be advised that I represent Helen and Anthony Dris regarding the proposed subdivision on Breakwater Road in Southold. I have explained to them the ramifications of a covenant running with the land. As thereis a possibility of drawing different lot lines at a later date and a very remote possibility of a further subdivision, I enclosed the proposed declaration of covenants and restrictions for your approval. If you should have any questions, please do not contact the undersigned at the abo~e address. . Thank you for your courtesy and cooperatib~./ JJM:maw / Enc. cc/Dris hesitate to urs · JNZEL DECLARATION OF COVEiANTS AND RESTRICTION~ THIS INDENTURE made this day ef , t983, by ANTHONY and HELEN DRIS 'residing at Washington Avenue, South Jamesport, New York, hereinafter called the Declarant. WHEREAS~ the Declarant is the owner in fee simple of a certain parcel of land ~ituate at Mattituck, Town of Southold, Suffolk County, New York, and designated on the Suffolk County Tax Map as District 1000 Section 106 Block 08 and I~ot 020containing approximately 12.4074 acres, being the same premises acquired by the Declarant by deed dated July !7, 1982 and recorded in the Suffolk County Clerk's Office on July 22, t982 in Liber 9215 ~f deeds at pages 93-97 and referred toherein as the "premises" and WHEREAS, the Declarant int~ends to subdivide said premises and desires to subject said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegetation and to prevent overcrowding and to conserve the ground water re.soumces of the Town of Southold, and WHEREAS, the Declarant had iapplied to the Planning Board of the Town of Southo]d for approval of the subdivision and development of the premises as a Minor Subdivision, to contain not more than four (4) lots or parcels. NOW, THEREFORE, the Declarant does hereby declare that the aforesaid premises and every protion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises, or JOHN J. MUNZEL · ATTORNEY AT LAW · 548 ROANOKE AVENUE · RIVERHEAD, NEON YORK 11901 any p~rtion thereof, by the acceptance of a deed thereto, covenants and agrees t~at the premises so purcha~ ed shall be held subject to the covenants, conditions~ and restrictions hereinafter set forth~ 1. No lot or plot as. shown and designated on the Minor Subdivision map approved by and filed with the Southold Town Planning Board shall be further subdivided without the prior approval of the Southold Town Planning Board. 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 £orce and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit ~f and'be enforeceable by the Declarant, theri heirs, successors and~ass~ns; any owner of any portio: of the aforesaid premises, their heirs; successors and assign's, and the Town of Southold, and its successors a~d assigns, and the failure of any of the foregoing to enforce any ofisuch 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. ANTHONY DRIS HELEN DRIS JOHN J. laUNZEL" ATTORNEY AT LAW · 548 ROANOKE AVENUE · RIVERHEAD, NEW YORK 11901 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On the day of , ~983, before me personally came ANTHONY.DRIS and HELEN DRIS tb me known and known to me to be the individuals described in and who executed the foregoing instrument and acknowledged that they executed the same. NOTARY PUBLIC ,JOHN ,J. MUNZEL · ATTORNEY AT LAW · 548 ROANOKE AVENUE · RIVERHEAD, NEW YORK 11901 . SC tEpUC A ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, being more particularly bound and described as follows: BEGINNING at a point on the Westerly side of LUthers Road also known as Breakwater Road distant 186.37 feet as measured Southerly along said road from the Southerly end of a curve which connects the Westerly si~e of Luthers Road also known as Breakwater Road with the Southerly side of Stanley Road; said point also being where the Southerly line of lands shown on Subdivision Map of "Sunset Knolls" filed Map 95023 intersects the Westerly side of Luthers Road also known as Breakwater Road; .RUNNING THENCE from said beginning point along the Westerly side of Luthers Road also known as Breakwater Road the following four (4) courses and distances: 1. South 22 degrees 14 minutes 20 seconds West 326.86 feet; 2. South 28 degrees 3. South 22 degrees 4. South 17 degrees 55 minutes West 329.00 feet; 45 minutes West 46.40 feet, and 50 minutes West 377.34 feet to a mgnument set at the Northeasterly corner of lands,now or formerly of Stephen W. Kistela; RUNNING THENCE along the Northerly line of lands now or ~ormerly of Stephen W. Kistela and through a monument South 87 degrees 39 minutes 20 seconds West 224.29 feet to the Easterly line of lands ~orconveyanclngonl~, I'Togelherwith allright, lilleandinteres~o~,inandtoanys~rectsand i,:i.~:na~£~c~c ~'w~ed. ( ~£~z:~t::.in~.l_t ~bcc~ ~seribedpremis~,tolhecenlerllnethereof Title N0 s-679306 $CHEOUL~ A (continued) now or formerly of Stanley and Helen Sledjeski; RUNNING THENCE along said lands now or formerly of Sledjeski and along ~he Easterly line of lands shown on Subdivision Map "Sunset Knolls Section 2"' filed Map ~5448 the following three (3) courses and distances: 1. North I1 degrees 11 minutes West 391.55 feet to a point; 2. North 11 degrees 34 minutes West 182.00 fee~ to a point;.and 3. North 11 degrees 07 minutes West and through three (3) ~onuments 490.67 fee~ to, a monument; RUNNING THENCE along the Southerly line of lands as shown on Subdivision Map of "Sunset Knolls", filed Map #5023 t'he following two (2) courses and distances: 1. South 88 degrees 47 minutes East and through two (2) monuments 406.40 feet tO a point; and 2. South 85 degrees 39 minutes East 442.40 feet to the Westerly side of Luthers Road also knoWn as Breakwater Road the point or place of BEGINNING. Fi;conveyancing only, I Together with all right, title and interest of, in and to any streets and intended to be conve)'ed, roads abutting the above described premises, to Ihe center line Ibereof Southold, N.Y. 11971 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE PdTCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. TELEPHONE 765-1938 December 6, 1982 Mrs. Helen Dris P.O. Box 326 Jamesport, New York 11970 Dear Mrs. Dris: The following actions were taken by the Southold Town Planning Board, Monday, November 29, 1982. RESOLVED that the Southold Town Planning Board declare itself lead agency with regard to the State Environmental Quality Review Act in the matter of the minor subdivision of Anthony & Helen Dris, located at Mattituck. An initial determination of nonsignificance has been made. RESOLVED that the Southold Town Planning Board approve the sketch map of the minor subdivison of Anthony & Helen Dris~ located at Mattituck, with compliance with Article 6 of the Suffolk County Department of Health Services prior to the scheduling of a public hearing. It is requested of this board that covenants and restrictions against further subdivision of lot #1 be filed. I have enclosed a "sample" copy of those we have in our office. Although your agreement was re- corded in the minutes of our mee~ing~November 8, 1982 against further subdivision, we would request correspondence stating such for our file. In order that we might expedite necessary referrals to State and County agencies, please forward six (6) copies of the final map to our office as soon as possible. Please see enclosure listing requirements for a final subdivision map. I have also enclosed a copy of Article 6 of the Suffolk County Department of Health Services for your review. If we can be of any assistance, please don't hesitate to contact our office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Susan E. Long, Secretary Enco HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. e]~~RD TOWN OF..SOUq~HOLD Southold, N.Y. 1 1971 TELEPHONE 765-1938 October 29, 1982 Mrs. Helen Dris P.O. Box 326 Jamesport, New York 11970 Dear Mrs. Dris: The Planning Board would request that you meet with them to discuss your proposed subdivision at their next meeting to be held November 8, 1982. Your appointment time is 7:45 p.m. Please advise if the above appointment is incovenient. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary ]HS T[:!JCT IOIIS: ~-- (-~) Jl'~' order to answer the qaestions in this short E^F it is assumed that the p~,'~Je~'er uiZl use currently avo~ab~a ~nforr:~a¢~on conaernLng the project and the ~l:a~y ~mn~cts of ~he action. ]~ ~s not expected that additional studies, research az other ~nvastLgat~ons w$}~ be undertaken. (b) ][ any quer. t~on has been ans'..rered Yes ~ha pro~ect may be ~gnLfLcont and a compZetad EnvSronmentaZ Assessment Fo~m Ls necessary. (c) If all questions have bean answered l~o if is likely that this project is not significant. (dj Envlronm~ntal ' - .... ~ ''' ~. ~','&~ projec'[ ~esult in o large physical change to ihe projecL site or physically ol~er more / thrm 10 acres of lane]9 ..................... . Yes.~/No 2. ¥Iitt there bo a me, jar chanoe fo any unique ~ -unusual land foxm found on the site? .... 3. ¥/i1~ pro~cct alter or have a l~rge ef~[ on ' Yes existing body of wo~ez? .................... YpS 4. Will pzojec~ have c~ potentially ]o~ge impoc~ ' ' on groundvrater quolily? ......... Yes,/No flo~ on adjacent sites? Yes ' 6. ¥,'~11 pro~ec~ affect any lbrea~eaed or endaagered plan~ or on'mol species?. Yes Y. Will project result in o major adverse effeg~ '". ' on air ctual~y? ............................. 8. ¥Ii~1 pro,ecS have o me,or effect on visual churacter of the commuaiiy or scenic views or vlxtas known ia'be imporlan~, ia the community?_ 'Yes ~. ¥iill project odverxe~y iai)oct any si[e or .. siruclure of hisioric~ prehistoric or po.leonia!ogical impo~ tcnce or any ~it.e designated as a critical environmeniol area by o ~ocaI agone),? ............ ==.....-~-.~'....=-'~..v Yes 10. Will proj~ct have o major effect on exisiihg or future recreational opportunities? ......... Yes. 11. ¥Iill projecl result in ,major traffic problems or. couse o mo jot off ecl io exisiing tronsportofion sysiems? ....................... 12. %'~ill projecf .regularly couse objeciionable o(]or5, noise, glare, vibration, or elcciricol dis{urbonce os o resul~ of file project's , opera' on ..................................... es o 13. Will project have any i,¥~oct on public health or . orety? 14. ¥/il! p?oject affect the exlsiin3 community by- directly causing o growth in permcncat population of more than 5 percept over a one year period or have a maser negative effect on tile character of the community or neighborhood? ................................. Yes, 15. 15 there public controversy concerning the / " ' i? Yes' p* o3ec ...................................... ~o PREPARE~'S SIGHATURE '~,~, REPRESENTING Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The nndersigued applicant hereby applies for (tentative) (final)approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southoid Towu Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be./~ .~. ~.g/.~/.~.../~/~.,(_f....~')..~../..~ ............ ................................................ ...................... The entire land under aj~plication is described in Schedule "A" hereto annexed. (Copy o~' deed 3. suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as Liber ........................ Page ../ .................... On ....................... Liber ........................ Page ...................... On ....................... Liber ........................ Page ...................... On ....................... Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; as devised under the Last Will and Testament of or as distributee 6, All taxes which are liens on the land at the (late hereo[ have been paid except ............ 7. The land is encumbered by .. ~1~./.'.O??/..~.-i ................................................ mortgage (s) as follows: (a) Mortgage recorded in Liber .............. Page .................. in original amount of $ .............. unpaid amount $ ..................... held by ...................... .............. address (b) Mortgage recorded in Liber ......... Page ....................... in original amount of .............. unpaid amount $ ...................... held by ...................... .............. address (c) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ...................... ...................... address ......................................................... 8. There are no other encumbrances or liens against the land except ........................ 9. The land lies in the following zoning nsc districts ... ~.~'~. ~.~.~r~.(,~tSz.. ~.. ~...'~.~ . ~d.O~ I0. No part of the land Iies under water whether tide water, stream, pond water or otherwise, ex- cept ................................................................................... 11. The applicant shall at his expense install all required public improvements. 12. The land ~ (~[~ lie in a Wa~er District or Water Supply District. Name of Dis- trict, if witbin a District, ~s 13. ~Vater mains xvill be laid by ............................................................ and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ......................................... ..................................... aud (a) (no) charge will be made for installing said lines. 15. 16. 17. 18. 19. 20. 21. Gas mains will be installed by ............................................................ and (a) (no) charge will be made for installing said mains. 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. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Itighxvay system, annex Schedule "C" hereto to show same. There are no existing buildings or structnres on the land which are not located and shown on the plat. Where the plat shows proposed streets which are extensions o£ 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. In the course of tbese proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property La~v. ' Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $...-x.. ~2.. ~ as itemized in Schedule "E" hereto annexed and reqnests that the maturity of the Performance Bond be fixed at .............. years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE .... · .... '?.../. ...... , 19...__ ...... _ ..................... (Name of Applicant) .................. (Address) STATE OF NEW YORK, COUNTY OF... 7~ .~. · · .~...-~..- ~ ~ ....... ss: On the . ./..g~..(...-. ..... day of .... ,.. ..., 19...~'..2-7., before me personally came ...... ~...':"~- - .'~..~.. · .~ ....... ' ....... to me knox~n to be the individual described in and who executed the foregoing instrument, and acknowledged that ..~.. executed tbe same. NOTARY PUBLIC, State of New York No. 52-3334625 - Suffolk STATE OF NEW · . ~; ......... , 19~.., before me personally came ~ ~ ....................... to me known, who being by me duly sworn did de- pose and say that resides at No. ~ ~ ~ ~)C~ *'~, that ~ ~ .. iJ th the corporation described in and which executed the foregoing' instrument; that ............ knows Suffolk County - ~o. 4756084 Commbsion ~pJres Match 80, TYPICAL WELL DETAIL TREE T TYPICA£ PLOT PLaN FINISHED GRADE TYPICAL SEW,~GE DISPOS,~L SYSTEM MINOR SUBDIVISION PLAN FOR ~ ANTHONY DRI$ ~ HELEN DRIS ' AT MATTITUCK DATE MAy ~7, ~98~ TOWN OF SOUTHOLD SCALE = NO SCALE SUFFOLK COUNTY, NEW YORK NO. 82-437 YOUNG 8, YOUNG ',O00S~'RA.OERAVE..E RIVERHEAD ~ NEW YORK ALDEN W. YOUNG, PROFESSIONAL ENGINEER AND LAND SU, RVEYOR N.~S. LICENSE NO. IES4S HOWARD W. YOUNG, LAND SURVEYOR N,Y,S. LICENSE NO* 45893 SHEET 2 OF 2