The URL can be used to link to this page

Home My WebLink About1000-112.-1-1115b~,ND 50UND NO. v LOCATION MAP I" = 600~ ~t 0~811 APPROV~'D 8. BOARD TOWN OF SOUTItOLD Southold, N.Y. 11971 (516) 765-1938 March 7, 1985 Abigail Wickham, Esq. P.O.Box 1424 Mattituck, NY 11952 Re: Peter and Patricia Lenz Dear Mrs. Wickham: Please let this confirm the action of the Southold Town Planning Board, Monday, March 4, 1985. RESOLVED that the Southold Town Planning Board approve the set-off of Peter and Patricia Lenz located at Mattituck, plans dated as last amended March 1, 1985 subject to the following conditions: 1. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. 2. No residential structure or sanitary disposal facility shall be installed or constructed within 100 feet of the top of the bluff on Lot 2. This requirement shall also apply to any new construction on Lot 1. 3. Clearing and cutting of vegation within 50 feet of the top of the bluff shall be limited to that necessary for maintenance and removal of dead or diseased vegetation. 4. No grading shall be permitted within 50 feet of the top edge of the bluff except that that may be necessary to control or remedy erosion or to prevent stromwater from flowing over the edge of the bluff. 5. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff in any manner. Abigail Wic~ham Page 2 3-7-85 6. The small shed that straddles the proposed lot line shall be relocated. 7. The southerly 50' of the premises shall be reserved for future dedication to the Town of Southold for highway purpqses. 8. Conditions 1-7, inclusive, shall be filed as covenants and restrictions in the office of theCounty Clerk on or prior to the granting of approval of this subdivision. Upon reciept of notice that the above conditions have been met the Chairman will endorse the maps, and we will forward them to you. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. t CHAtI~qMA~ SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary Southold, N.Y. 11971 (516) 765-1938 March 7, 1985 Abigail Wickham Attorney at Law P.O. Box 1424 Mattituck NY 11952 Re: Lenz set-off Dear Ms. Wic~ham: The following action was taken by the Southold Town Planning Board, Monday, March 4, 1985. RESOLVED that the Southold Town Planning Board override the condition No. 6 of the Suffolk County Planning Commission% resolution regarding the approval of the set-off for Patricia and Peter ~enz. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , C~HAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary 1746 404 DI~iKICT BLOCK lUooo 012.000 DECLARATION OF COV~qAN~ A~ RE~'£~IC~fIONS DECLARATION made this ~ day of March, 1985, by ~£~ LWNZ and PATRICIA L~Z~Z, residing at (no #) M~4n Road, Peconic, New York, hereinafter referred to as "Dec~rants"; WHEREAS, Declarants are the owners in fee simple of a certain parcel of land situate on a Private Road off Sound Avenue in Mattituck, Town of Southold, County of Suffolk and State of New York, being the pr~mises described in deed dated May 11, 1984 made by E. Wallace Rothmayer and Ruth Brett Rothmayer to Peter Lenz and Patricia Lenz, recorded in the Suffolk County Clerk's Office on May 23, 1984 in Liber 9567 at page 304, and deed dated May 11, 1984 made by E. Wallace Rothmayer and Ruth E. Rothmayer to Patricia Lenz, recorded in the Suffolk County Clerk's Office on May 23, 1984 in ~.~her 9567 at page 300, a metes and bounds description of which is shown on Schedule A attached hereto and made a part hereof, hereinafter referred to as the "pr~niees". WHE~F~%S, Declarants in~end to subdivide said p~,&ses into lots for residential purposes and desire to subject said premises to cer*~n conditions, covenants and restrictions. NOW, THEREFOr, 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 or any portion thereof, by the acoeptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions, and restrictions hereinafter set forth. ARTICLE I: No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. ARTICLE II: No residential structure or sanitary disposal facility shall be installed or constructed within 100 feet of the t~p of the bluff on Lot 2 (being the easterly half of the pr~nises described in Schedule A). No new residential structure or new sanitary disposal facility shall be installed or constructed within 100 feet of the top of the bluff on Lot 1 (being the westerly half of the premises described in Schedule A); except for renovations to the residence or extensions to the South of the residence. AI~IOLF. III: Clearing ar~ cutting of vegetation within 50 feet of the top edge of the bluff shall be limited to that neoessary for maintenance and r~oval of dead or diseased vegetation. A~.~. IV: No gr~ng shall be permitted within 50 feet of the top edge of the bluff except that that may be necessary to control or £~,edy erosion or to prevent ston~rater fr~n flowing over the edge of the bluff. AI~ICr~. V: No stozi~water runoff resulting f~,, the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff in any manner. The small shed that straddles the proposed lot The southerly 50 feet of the p~a;,~ses shall be reserved for future highway d~!cation to the Town of Southold. ARTI~.W. VIII: These covenants and restrictions may be modified at the request of the then owner of the premises with the approval of a majority plus one of the Town Board of the Town of Southold after public hearing on notice to adjoining property owners, whose consent shall not be recp,~red. ]i~ WITNESS WHEREC~, Declarants have hereby executed this Declaration of Covenants and Restrictions the~~q~ day of March, 1985. A/ · Pm£Pm~ LENZ : SS.: COUNTY OF SUFFOLK) On the~P~day of March, 1985, before me personally came P~'£~ T.WNZ and PATRICIA ~, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and tmprovemen.ts thereon erected, situate, lying and being at Mattttuck, Town of Southold, county of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point marked by a concrete monument at the southeasterly corner of land herein described and land now or formerly of Anderson~ RUNNING THENCE along said land now or formerly of Anderson North 20° 41' 00" West 916.00 feet to the mean high water line of Long Island Sound; Rb%qNING THENCE along said mean high water line of Long Island Sound, the tie line being North 72° 42'. 30" East 200.33 feet to land now or formerly of Maitrejean; RUNNING THENCE along said land now or formerly of HaitreJean South 20° 41' 00" East 907.00 feet to the southerly side of a 25 foot right of way; RUNNING THENCE along said right of way South 70° 08' 00" West 200.00 feet to the point or place of BEGINNING. TOGETHER WITH AND SUBJECT TO a right of way 25 feet in width to be used as a roadway along the southerly boundary of said land now or formerly of Anderson to the roadway hereinafter described. TOGETHER WITH AND SUBJECT TO a one-tenth undivided interest in a strip of land or roadway 25 feet in width extending from the southwesterly corner of la'nd now or formerly of Anderson to the North Road and bounded further on the west by land now or formerly of Richard and Helen Price and on the east by Koroleski, saia.strip of land to be used as a roadway in common with Hattituck Perk Properties, Inc. or other owners of said tract of 24.26 acres as above' described. Southo d Town Board of Appea ~AIN "DAD BTATE ROAD ~S ISOUTHOLD. L.I., N.Y. llcj'7- TELEPHONE (516) 765-1i APPEALS BOARD MEMBERS GERARD P. GOEHRIflGFR, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, .JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Mr. and M~s. Peter Lenz Main Road Peconic, NY '~1958" 'Re: Appe~ No. 3184 Dear M~. and Mrs.~Lenzf October 25, 1985 Th~s letter W~ll confirm that the following action was taken'by the Board q~.AppQals at a Regq].ar Meeting held last evening, in the abovq._mq~teK.; .. R~SOLVED, 'to accept Report No. '483.of. John.W..Davis. dated October l, '1985_in the Matter of'PETER'AND'PATRICIA LENZ concerning the impro~ement~ recqQtly made qq ~he.. s--~-6-~ect right-of~way .... This resol'~tion was unanimously adopted. A copy o{-this action ts s(m~aneously being furnished to the Bqildi.~g Department for their files~ truly,' YoLi~'very GERARD P. GOEHRINGER 'B~ Linda Kowalski cc: Building Department Abigail._A. Wickham, Esq. Southold, N.Y. 11971 (516) 765-1938 March 11, 1985 Mrs. Abigail Wickham Attorney at Law P.O. Box 1424 Mattituck, NY 11952 Re: Peter and Patricia Lenz Dear Mrs. Wickham: Enclosed herewith is a survey for the above mentioned approved set-off which has been endorsed by the Chairman. Very truly yours, SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. Southold, N.Y. 11971 (516) 765-1938 February 22, 1985 Abigail Wickham Attorney at Law P.O. Box 1424 Mattituck, NY 11952 Re: Application of Patricia and Peter Lenz Dear Ms. Wickham: As per your request of this date, enclosed is a copy of the action by the Suffolk County Planning Commission. As you can see, this proposal was approved by the County with 8 conditions. If you have any further questions, please don't hesitate to contact our office. Very truly ~urs, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. WILLIAM WICKHAM ERIC J, BRESSLER ABIGAIL A, WICKHAM WICKHAM, WICKhAM & BRESSLER, 516-298-8353 February 20, 1985 Southold Town Planning Board Town Hall Main Road Southold, NY 11971 Re: Application of Peter and Patricia Lenz Gentlemen: We enclose a letter from the Suffolk County Department of Health Services waiving their Art. 6 requirements for subdivision approval. Accordingly, we do not need Health Department approval for this matter, and we reqB~st that you complete its processing assoon a~ possible. Since the application involves ~he splitting of a vacant parcel from a residence parcel and has been approved by the ~oning Board of Appeals, we request that you process this matter as a set-off rather than as a minor subdivision. Thank you for your attention to this matter. Very truly yours, Abigail A. Wickham AAW:jm Eric, D£PARTMENTOFH£ALTHSERVlCE$ COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DAVID HARRIS, M.D., M.P.H. COMMISSIONER February 20, 1985 Peter and Patricia Lenz c/o Wickham, Wickham & Bressler, P.C. Main Road PO Box 1424 Mattituck, NY 11952 RE: Minor Subdivision of Peter and Patricia Lenz Mattituck (,T) Southold Dear Mr. and Mrs. Lenz= I am in receipt of your application for the above referenced realty development. At present, this Department is using the 1974 tax maps as a guide in determining whether or not the filing of a subdivision map is required under Article 6 of the Suffolk County Sanitary Code. Since it appears that the tax parcels referenced above have not changed in configuration since 1974, this Department would not require the filing of a subdivision map. Please note that any changes in the tax parcels configurations will require that a map be filed and that the present standards be applied. Furthermore, the policy of this Department's use of the tax maps as a guideline is under review by the County Attorney's office and therefore subject to change in the future. If you have any questions concerning this, please feel free to contact me. Very truly yours, Royal R. Reynolds, P.E. Public Health Engineer Waste Water Management Section RRR:ljr .,v~..E^=.~.., ,to, 548- 3318 DEPARTMENT OF PLANNING C~UNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE LEE E, KOPPELMAN DIRECTOR OF PLANNING September 6, 1984 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 Re: Minor Subdivision - Peter Lenz & Patricia Lenz Southerly side of Long Island Sound approximately 1,586 feet easterly from the Riverhead-Southold Town Line, Mattituck, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on September 5, 1984, reviewed the proposed subdivision plat, '~inor Subdivision - Peter Lenz & Patricia Lenz", referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to approve said map subject to the following eight conditions deemed necessary to help preserve the natural and aesthetic attributes of the shoreline of Long Island Sound. No lot shall be subdivided or its lot lines hhanged in any manner at any future date unless authorized by the Southold Town Planning Board. No residential structure or sanitary disposal facility shall be in- stalled or constructed within 100 feet of the top of the bluff on Lot 2. This requirement shall also apply to any new construction on Lot 1. Clearing and cutting of vegetation within 50 feet of the top edge of the bluff shall be limited to that necessary for maintenance and re- moval of dead or diseased vegetatiOn. No grading shall be permitted within 50 feet of the top edge of the bluff except that that may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bluff in any manner. Mr. Bennett Orlowski, Jr. 2 September 6~ 1984 Re:~nor Subd~ision - Peter Lenz & Patricia Lenz Access to the beach shall be by means of a single suitable structure' designed and constructed in a manner that will result in the least disturbance of the stability of the bluff. Said structure shall serve both lots and shall be located at or near the common lot line. 7. The small shed that straddles the proposed lot line shall be re- located. Conditions 1-6, inclusive, shall be filed as covenants and restric- tions in the office of the County Clerk on or prior to the granting of approval to this subdivision. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board of the Town of Southold affer a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such mddification shall not be required. The Commission also offers the following comments on the map for your use and consideration: It is suggested that before approval is granted to this subdivision that the subdividers be required to submit this proposal to the Suffolk County Department of Health Services for review to insure that the proposed subdivision will meet the requirements and standards of that agency. Considering the number of property owners that use the right-of-way for access and the potential for use by others the Town Planning Board should seriously consider the need for a proposed road in the area and the implementation of the creation of such road by requiring dedications for highway purposes. Consideration should be also given to widening of the right-of-way to 50 feet in width for potential use as a road. Very truly yours, Lee E. Koppelman Director of Planning Ch'arles G. LiYfd, Chief Planner Subdivision Review Section File: S-SD-84-15 CGL:jk Encl.: Map cc: Robert Villa, P.E., SCDHS TOW~ 01% SOUT~OLD SU F. FOLK ~COUNT Southold, N.Y. 11971 i~T E 7'IO,~OR~. ".ffr, 'Cff~rm an JAMES WALL BENNETT ORLOWSKI. Jr. t Chatr~n GEORGE ~TC~E LATHAM. William F. Mullen, Jr. Ri~u~o~nty Planning Co~ission Veterans Memorial Highway Hauppauge, New York 11787 July 20,1984 TELEPHONE 765- 1938 Gentlemen: --' Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the S~ffolk County Planning Commission: (Map of) (Minor Subdivision) Peter and Patricia Lenz Hamlet Mattituc k Tax Parcel Identifl/)~D No. 1000 ]]2 O1 --~0A-l--a~d012 Material Submitted: Minor Subdivision - Class A(3 copies) Class B (2 copies) Major Subdivision (3 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 copi~sk See attached sheet Waiver of Subdivision Requirements Comments: ly yours, , Bennett Orlo~!_,, Jr., Chairman~ WAIVER OF SUBDIVISION REQUIREMENTS (Map of) (Min, or Subdivision-) Peter and Patricia Lenz Hamlet or Village mattituck 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) X Topographic Map X Drainage Plan X Grading Plan X' Lands'cape Plan Reason: 1) ~nor Subdivision a) Not required by subdivision regulations b) Subdivision of 16t on an existing improved filed map c) Other (describe) 2) Major Subdivision a) b) d) No new drainage structures and no changes in existing drainage proposed X No new roads and no changes in existing roads proposed X No major site clearing and grading proposed ~ X Other (describe) WlCKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD~ P,O. BOX July 19, 1984 Southold Town Planning Board Town Hall Main Road Southold, NY 11971 Att: Ms. Diane M. Schultze, Secretary Re: Application of Peter and Patricia Lenz Dear Diane: In accordance with our telephone conversation of July 16th, we have had the map revised to show proposed lot numbers and the total acreage of the entire property. We enclose six (6) prints for your referral to the County. /emu encls. Very truly yours, Ellen M. Urban~ski Legal Assistant Mr. Bennett Orlowski, Jr. Town of Southold Planning Board Main Road Southold, N.Y. 11971 COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-.5207 -Ji)L 9 19 4 L~'1~ E:. KOppI~LMAN July 3, 1984 Preliminar~__ Final Minor Subdivision - Peter and Plat Name: P~ri~ X Location: ~/s of ROW, 3905±'' n/and 105' e/of Sound Avenue~ Mattituck~ N.Y. Dear Mr. Orlowski: Please be advised that pursuant to Section 1333, Article XIII of the Suffolk County Charter, the above referral will not be reviewed by the Suffolk County Planning Commission because of noncompliance with requirements for notice and maps as stipu- lated in Informational Bulletin #8 of the Suffolk County Planning Commission. The material as checked below is required before referral will be reviewed: 3 copies of final map 1 copy of preliminary map 1 copy of proposed grading plan 1 copy of proposed road profiles 1 copy of proposed drainage plan 1 copy of topographic map Letter from N.Y.S.D.E.C (Tidal Wetlands and/or Freshwater Wetlands Act) X Other Proposed lot numbers and total area of map. flqu/rmmmts. -- ,-,-'-,~eze reterral File: 1333-D-84-29 CGL:Jk Form: SRS-76-01 Very truly yours, Lee E. Koppelman Director of Planning Charles G. Lind, Chieff Planner Subdivision Review Section 11788 TOW~ OF, SOUT,HOLD SUEFOLK~COU,NTY Southold, N.Y. 11971 JAMES WALL BENNETT ORLOWSKI, GEORGE RITCHIE LATHAM. J£. William F. Mullen, Jr. Suffolk County Planning Coramission Veterans Memorial Hiqhway Hauppauge, New York 11787 TELEPHONE 765- 1938 Gentlemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk ~ounty Planning Commission: (Map of) (Minor Subdivision) ~J~ c~ ~~ ~.3~ Hamlet '~%~~ Tax Parcel Identifier No.~___ ~)~ O[ ~l~- O~). Material Submitted: Minor Subdivision - Class A(3 copies) Major Subdivision (3 Copies) Preliminary Map Class B (2 copies) (1 copy) ; Topographic Map (1 copy) Darinage Plan (1 copy) Grading Plan (1 copy) ; Street Profiles (1 copy) ; Planning Board Res. (1 copy) Other material (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet Comments: truly yours, ~~~' an Bennett O~lowski,Jr., Chairm WAIVER OF SUBDIVISION REQUIREMENTS Town 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 Grading Plan Drainage. Plan~ Landscape Plan Reason: 1) ~nor Subdivision a) Not required by subdivision regulations b) Subdivision of 16t on an existing improved filed map C) Other (describe) 2) Major Subdivision a) No new drainage structures and no changes in existing drainage proposed b) new roads and no changes in existing roads proposed ~ No c) No major clearing and grading proposed , X site d) Other (descr±be) WICI~HAM, WICKHAM & BRESSLER, P.C. MAIN ROAD, P.O, BOX 142z~ MATTItUCK LONG ISLAND June 27, 1984 Southold Town Planning Board Town Hall ~in Road Southold, NY 11971 Application of Peter and Patricia Lenz (Rothmayer property - Private Road, MattituCk~ New York) Gentlemen: In accordance with your letter of May 29, 1984, we enclose six (6) final maps in connection with the above matter, for your referral to the County. If any additional information is required, please give us a call. Very truly you.rs, Ellen M. Urbanski Legal Assistah% /emu encls. (By Hand) ,,e: THURS., APRIL 19~84Appeal No. Absent, if any: Applicants requested and Location: ~ ~u-~ ~ ~ ,~C Resolution made by: Seconded by: Charles Serge Robert Gerard Joseph Grigonis Doyen Douglass Goehringer Sawicki ( ) ( ) ( ) ( ) (J~) ACTION: ) Approve as applied ) Deny as applied ) Deny without prejudice ) Deny ) Subject to County Planning Referral Subject to Planning Board approval Subject to D.E.C. Vtithdrawn ',¢ithout Prejudice as requested Approve with the following Conditions: [2] 1 ' ( ) Special Exception criteria applicable ( X ) Prior application conditions applicable, if any VOTE OF THE BOARD: ( ~-~ JS Nays: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS Abstain: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS Absent: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS Resolution was passed: ( ) unanimously Resolution was not passed: ( ). This application was recessed until ( } by majority vote Gerard P. Goehringer, ChairmanReport ho. Zou'thold Town Board of Appeals Date: April 7, i984 John W. Davis , ,~ ~' ~ 31TE RE: ACCESS ROAD NORTIfERLY FR()5] .~O,~ND AV~,;NUE ALDRICH LAhE) TO WATE}{FROI'~T I,OTZ OU THE This access roa~ ~,, o.f.t irt width 3915 J't. irt len&th and i~ a road apparently was on o~.iginal 75 ft, R.O.W. '[ho and has been improved through the year::', by the addit~or~ of Cravel. '?~ere are small fitockpilefi of sand and d~'avel on tt~e roa~l~;ide~ at several locations which I as;sume ar~ loc future repairs ~r,d tenance. Was advised, ed by a local co~tractor that periodic has been dose on this road for a lon~ tiro. t' ,,~ - :)resent conditkon~ are hoc ~&ood. '['J~e road l',; o,;:;;to]e .... h{lizod with ~,]ruvel for ~ lur~[e ~c.~ of the lehcth 'nut numerou2 pot l~oles, mud holes and .... :~ in '~' - -, of gravel. 20 update thi~ road, 1 would r.,3commet~d tho ~ollo ]. ~'ill zhe holes a~,U deprer;~:~onS with ;~.nd gravel that has been used in ja*;t :-~ainx, enancc wcr'k. (' t~mooth ro~d 2. Place an additional of ~r~vel ;n these areat; surface with a road ~rade~'. 3. Areas that have no gravel but ara s~aLie now after the recen~ heavy rains coulm be left 5ntact. 3L NEW YORK STA~EPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT ARTICLE 24, (Freshwater Wetlands) ' PFRM~T NO. 10-83-1456 ARTICLE 36, (Construction in Flood Hazard Areas) PERMIT ISSUED TO E. Wallace & Ruth E. Rothmayer ADDRESS OF PERMITfEE P.O. Box 876, Mattituck, NY 11952 LOCATION OF PROJECT (Section of stream, tidal wetland, dam, building) Long Island Sound approximately 3,900' north of Sound Avenue, SCTM No. 1000-112-01-011,012 DESCRIPTION OF PROJECT Create a two lot residential subdivision by dividing a 4.18 acre parcel into two lots in excess of 2.0 acres each as per supplied plans. COMMUNI~ NAME (City, Town, Village) Peconic COUNTYsuffolk FIA COMMUNI~ J t°sWo%nol NO, GENERAL 1. The permitlee shall file in the office of the appropriate Regional Permit Administrator, a notice of intention to commence work at least 48 hours in advance of the time of commencement and shall also nolify him Ixomp~ly in writing of the completion of the work. 2. The permitted work shall be subject to inspection by an authorized representative of the Department of Environmental Conservation who may order the work suspended if the public interest so requires. 3. As a condition of the issuance of this permit, the applicant has ac- cepted expressly, by the execution of the application, the full legal respon- sibility for all damages, direct or indirect, of whatever nature, and by whom- ever suffered, arising out of the project described herein and has agreed ~ indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the said project. 4. Any material dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of the waterway or flood plain or deep holes that may have a tendency to cause injury to navigable channels or to the banks of the waterway. 5. Any material to be deposited or dumped under this permit, either in the waterway or on shore above high-water mark, shall be deposited or dumped at the locality shown on the drawing hereto attached, and, if so prescribed thereon, within or behind a good and substantial bulkhead or bulkheads, such as will prevent escape of the materiat into the waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. f. Thal if future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause. unreasonable obstruclion to the free navigation of said waters or flood.flows .or endanger the health, safety or welfare of the people of the State, or loss or destruction of the natural resources of the State, the owner may be ordered by the Depart- merit to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State; and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby aulhorized shall not be completed, the owners shall, without expense to the State, and ~o such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and (Iond capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 95-~0.-4 (9/75) (SEE REVERSE SIDE) CONDITIONS 8. That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may he caused by or result from future operations undertaken by Ihe State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 9. That if the display of lights and signals on any work hereby authorized is not otherwise provided for by law, such fights and signals as may be pre- scribed by the United States Coast Guard shall he installed and maintained by and at the expense of the owner. 10. All work carried out under this permit shall he performed in accor- dance with established engineering practice and in a workmanlike manner. 11. If granted under Articles 24 or 25, the Department reserves the right to reconsider this approval at any time and after due notice and hearing to continue, rescind or modify this permit in such a manner as may he found to be just and equitable. If upon the expiration or revocation of this permit, the modification of the wetland hereby authorized has not been completed, the app, licant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. 12. This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others to perform the permitted work or as authorizing the impairment of any rights, title or interest in real or personal property held or vested in a person not a party to the permit. 13. The permittee is responsible for obtaining any other permits, ap- provals, lands, easements and rights-of-way which may be required for this project. 14. If granted under Article 36, this permit is granted solely on the basis of the requirements of Article 36 of the Environmental Conservation Law and Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood Hazards - guildin8 Permits) and in no way signifies that the project will be free from flooding. 15. By acceptance of this permil the permittee agrees thai the permit is contingent upon strict compliance with the special conditions on the reverse side. DAM NO. SPECIAL CONDITIONS 16. Ail construction shall be in accordance with local zoning and must meet local setback requirements from the top of the bluff. SEE ATTACHED CONDITIONS A - J PERMIT ISSUE DATE January 26, 1984 PERMIT ADMINISTRATOR ~ Daniel J. Larkin/~ ' ~) ~ ..~' ADDRESS Bldg. 40, SUNY--Room 219 Stony Brook, NY 11794 WICKHAM, WICKHAM & BRESSLER, P.c. MAIN ROAD, P.O. BOX ~z~2~ MATTITUC~{ LONG ISLAND NEW YORK )1S52 516-298-8353 Februa~f 10, 1984 FEB ;L 4 Ig84 Southold Town Planning Board TognHall Main Road Southold, NY 11971 A~plicatic~ of Peter and Patricia Le~z (Rothmayer property- Private Road, Mattituck, N.Y.) ttlclosed, for ~votn~ file, is a copy of the IEC permit in connectic~ with the above matter. Very truly yours, Ellen M. U~banski Legal Assistant CC: Southold Togn Board of Appeals Edward W. Lu~dstedt, Esq. (w/~c~.) HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. SLaY 8outhold, N.Y. 11971 February 8, 1984 TELEPHONE 765- 1938 Wickham, Wichkam and Bressler P.O. Box 1424 Mattituck, NY 11952 Re: Minor Subdivision Peter and Patricia Lenz Mattituck Dear Abigail Wickham: The following action was taken by the Southold Town Planning Board at the regular meeting of February 6, 1984. RESOLVED that the So~thold Town Planning Board declare Negative Declaration with regard to the State Environmental Qulaity Review Act. Enclosed is a copy of the Negative Declaration. Very truly yours, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PI~ANNING BOARD By Diane ~. Schultze~ Secr~t~t~y enc. HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCH1E LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 NEGATIVE DECLARATION February 6,1984 TELEPHONE 765-1938 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 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 minor subdivision of Peker and Patricia Lenz is a two-lot subdivision located at Mattituck. 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. The New York State Department of Environmental Conservation is in agreement with the initial determination and has no objection to the lead agency designation. The project will require approval under Part 661 of the Tidal Wetlands Land Use Regulations. The Suffolk County Department of Health Services has stated no objection of the lead agency designation and is in agreement with the initial determination. The department has no record of an application and it appears the project canbe served by subsurface sewage disposal system(s) and individual water supply system(s). It sould be noted that since this property is located in an agricultural area, the possibility exists that the water supply may contain trace amounts of pesticides and/or nitrates. Special analysis will be required. 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 Miss Diane M. Sch~tze Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 Copies mailed to the following: Robert Flack, DEC Commissioner NYS, DEC at Stony Brook Suffolk County Dept. Health Services Suffolk County PlaDn~ng Commission Francis J. Murphy Wickham Wickham and Bressle~ 0 £ 198 New York State Depa~ment of Environmental Conservation Regulator7 A£fa±rs Unit Bldg. 40, St~Y--Aoom 219 Stony Brook, ~ 11794 (516) 751-7900 Henry G. Williams Commissioner January 31, 1984 Henry E. Raynor, Jr. Chairman, Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 RE: Minor Subdivision, Peter and Patricia Lenz located Mattituck Dear Mr. Raynor: We have reviewed the project and agree with your determination of non- significance. We agree that your agency be the lead agency in regards to the State Environmental Quality Review Act. The proposed subdivision exceeds the development restrictions of Part 661, Tidal Wetlands Land Use Regulations. This project will require approval under Part 661. Thank you for the opportunity to comment on this project. Very truly yours,~ ~ Charles T. Hamilton Alternate Regional Permit Administrator CTH:co's DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE FEB 0 198 To Henry E. Raynor, Jr. Town of Southold Planning Board Southold, N.Y. 11971 Date RE: January 30, 1984 Lenz Development Dear Mr. Raynor: We are in receipt of your letter dated January 23, 1984 concerning the above referenced project. i--X-r~ 1. This Department has no objection to your designation of lead agency status. 2. This Department is in agreement with your initial determination. 3. This Department does not agree with your initial determination. See Comments. 4. Insufficient information is available for technical comments. 5. There is no record of an application to this Department. A more accurate project location is needed. (Suffolk County Tax Map #) )_--.._-~ Test well data is needed. ii,'ii .... i Test hole data is needed. c. _.__ Other: 6. This Department has received an application and it is: F---'--) Complete [ I Incomplete J I Other 548-3318 7.~ appears that the project served by: Sewage Disposal System ..... ~ Sewer System and Treatment Works i~l~ Subsurface Sewage Disposal System(s) ~ Other: Water Supply System ~ ' A Public Water Supply System i--X--' Individual Water Supply System(s) i -I Other: 8. Approval of other Agencies may be required: Department of Environmental Conservation (NYSDEC) Army Corps of Engineers (USACE) Town or Village Other: Comments: It should be noted that~since this property is located in an a§ricultural area, the pgssibility exists that the water supply may contain trace amounts of pesticides and/or nitrates. Special analysiswill be required. Thank you for coordinating wi th this Department and if you have any questions please contact the undersigned. Name Royal R. Reynolds Phone 548-2318 COUNTY OF SUFFOLK tOf HEALTH SERVICES Date Henry E. Raynor, Jr. Town of Southold Planning Board To Southold, N.Y. 11971 RE: FEB 0,., ? DAVID HARRIS. M.D.. January 30, 1984 Lenz Development Dear Mr. Raynor: We are in receipt of your letter dated January 23, 1984 concerning the above referenced project. i--~-----1 1. This Department has no objection to your designation of lead agency status. 2. This Department is in agreement with your initial determination. 3. This Department does not agree with your initial determination. See Comments. ~__~ ! i 4. Insufficient information is available for technical comments. ~_~]X ') 5. There is no record of an application to this Department. A more accurate project location is needed. (Suffolk County Tax Map #) i-- Test well data is needed. Test hole data is needed. Other: 6. This Department has received an application and it is: I I Complete i-- 1 Incomplete ~ Other 548-3318 appearS that the project ca~I~e served by: Sewage Disposal System __' Sewer System and Treatment Works i~~ Subsurface Sewage Disposal System(s) .... 1 Other: Water Supply System i'___~A Public Water Supply System i- X Individual Water Supply S~stem(s) i--I Other: 8. Approval of other Agencies may be required: Department of Environmental Conservation (NYSDEC) Army Corps of Engineers (USACE) Town or Village Other: 9. Comments: It should be noted that~since this property is located in an agricultural area, the p~ssibility exists that the water supply may contain trace amounts of pesticides and/or nitrates. Special analysiswill be required. Thank you for coordinating wi th this Department and if you have any questions please contact the undersigned. Name Royal R. Re.~nolds Phone 548-3318 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Sr. WILLIAM F. MULLEN, Jr. 8outhold, N.Y. 11971 January 23, 1984 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 Peter and Patricia Lenz, 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 February 6, 198 ~ We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act. Eric. cc: Dept of Health Services Yours truly, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary WICKHAM, WICKHAM & BRESSLER, ~.c. January 18, 1984 Southold Town Planning Board Town Hall Main Road Southold, NY 11971 Re: Proposed Minor Subdivision Peter and Patricia Lenz Gentlemen: pursuant to your request, enclosed are three additional prints of the above subdivision map. Very truly yours, Ellen M. Urbanski Legal Assistant /~mu encls. HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 January 11, 1984 TELEPHONE 765- 1938 Wickham, Wickham and Bressler P.O. Box 1424 Mattituck, New York 11952 Re; Proposed Minor Subdivision Peter and Patricia Lenz Mattituck Dear Abigail Wickham: The following action was taken by the Southold Town Planning Board, Monday, January 9, 1984. RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of Peter and Patricia Lenz, located at Mattituck. An initial determination of nonsignificance has been made. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 January 11, 1984 TELEPHONE 765 - 1938 Wickham, Wickham and Bressler P.O. Box 1424 Mattituck, NY 11952 Re: Proposed Minor Subdivision Peter and Patricia Lenz Mattituck Dear Abigail Wickham: The following action was taken by the Southold Town Planning Board, Monday, January 9, 1984. RESOLVED that the Southold Town Planning Board grant sketch approval of the minor subdivision of Peter and Patricia Lenz, located at Mattituck, dated October 24, 1983, subject to the Zoning Board of Appeals approval for the variance needed. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze CC: Zoning Board of Appeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3]84 Application Oared 0c~0ber 25, ]983 (Public Hearing April 5, ]984) TO: Abigail A. Wickham, Esq. [Appellant(s)] for PETER AND PATRICIA LENZ Main Road, Box 1424 Mattituck, NY 11952 At a Meeting of the Zoning Board of Appeals held on April ]9, ]984 the above appeal was considered, and the action indicated below was taken on your ~ Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a, and [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article III , Section ]00-3], Bulk Schedule [ ] Request for The public hearing on this application was held on April 5, 1984. Upon application for PETER AND PATRICIA LENZ, Main Road, Peconic, NY (by Wickham, Wickham & Bressler, P.C.) for Variances to the Zoning Ordinance: Ia] for approval of insufficient width of two proposed parcels and [b] for approval of access, New York Town Law, Section 280-A. Location of Property: Right-of-Way off the North Side of Sound Avenue known as Private Road #11, Mattituck; County Tax Map Parcel No. lO00-112-1-Oll and 012. The board made the folloWing findings and determination: By this application, appellants seek: (a) approval of access over an existing, traveled right-of-way as indicated on the October 3, 1983 survey prepared by Young & Young having a length of 3,930 feet commenc- ing from the north side of Sound Avenue running northerly, and thence 105 feet to a monument at the westerly corner of the subdivision perimeter in question; and (b) approval of lO0' frontage of each of the two lots in question within the subdivision. The proposed westerly parcel contains an area of 2.0975 acres and is improved with a two-story frame, one-family house with accessory garage/storage building in the easterly sideyard area. The proposed easterly parcel contains an area of 2.0871 acres and is vacant. The buildable area of each parcel appears to be approximately 60,000 sq. ft. and is at an elevation above lO' above mean sea level. The access road in question has a traveled width of approximately eight feet and is shown by the October 3, 1983 survey to have a legal width of 25 feet. The original road apparently was on original ground and has been improved through the years by the addition of gravel. There were small stockpiles of sand and gravel on the side which appear to planned for repairs and maintenance to the right-of-way. The present condition of the right-of-way is not good although the road is passable. There are numerous potholes and depressions in the gravel throughout. Some areas have 4" of gravel. For the record it is noted that this proposal has received approvals from the Southold Town Planning Board at its meeting of January 9, 1984, and from the N.Y.S. Department of Environmental DATED: May 16, 1984. Form ZB4 (rev. 12/81) .(CONTINUED ON PAGE TWO) CHAIP~N, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page ~2 Appeal No. ) Matter of PETER AND PATRICIA LENZ Decision. Rendered April lg, )984 Conservation under Permit #10-83-1456. Although the present lot width requirement is a minimum of 175 feet (Local Law No. 9-1983 effective August 16, 1983), it is the opinion of the board that the pdoposal as submitted appears to be the most feasible since there doesn't appear to be any viable alternative, (except flag-lots which are not encouraged by the Planning Board). Also, it is the opinion of the board that the right-of-way in question is in need of improvement in order to provide adequate accessiblity for emergency and other vehicles. In the event, however, additional subdivision(s) are proposed which may legally be using this right-of-way, reconsideration for additional improvements must be made. Upon inspection of the premises and the character of the neigh- borhood, the board finds the parcel immediately adjoining this property on the west (now or formerly Anderson) is a parcel contain- ing a lot width of 105 feet. In considering this appeal, the board determines: (a) that the relief requested is not substantial; (b) that by the granting of the requested relief, a precedent has not been set and therefore will not adversely affect the character of the neighborhood; (c) that by allowing the variance, no substantial detriment to adjoining properties would be created; (d) that no adverse effects will be produced on available governmental facilities of any increased population; (e) that the relief requested will be in harmony with and promote the general purposes of zoning; and (f) that the interests of justice will be served by allowing the variance, as indicated below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Grigonis, it was RESOLVED, LENZ, BE AND C--O-~-~ITIONS: that Appeal No. 3184, application for PETER AND PATRICIA HEREBY IS APPROVED AS APPLIED SUBJECT TO THE FOLLOWING 1. That the right-of-way be improved to a full minimum width of fifteen feet as follows: (a) Fill the holes and depressions with the same mixture of sand and gravel that has been used in past maintenance work; (b) Place an additional two inches [2"] of gravel on these areas and smooth road surface with a road grader; (c) Areas that have no gravel but are stable now after the recent heavy rains could be left intact. 2. That the right-of-way be continuously maintained in good condition; 3. Inspection by the Zoning Board inspector, after receiving notice that been completed in accordance with this of Appeals and/or the road the road improvements have decision. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. GERARD P. GOEHRINGER, CHA'IRMAN May 16, 1984 ABIGAII A. WICKHAM WICKHAM~ WICKHAM ~ BRESSLER, MATTITUCk LONG ISLAND NEW YORK 119S2 516-298-8353 October 24, 1983 Southold Town Planning Board Main Road Southold, NY 11971 Re: Proposed Minor Subdivision for Peter & Patricia Lenz Gentlemen: Enclosed are the following in connection with the above application: 1. Application, in duplicate; 2. Legal Description; 3. Adjoining owners; 4. Copy of the tax map; 5. Short Environmental Assessment Form; 6. Six prints of the survey; 7. Check in the sum of $50.00, representing the application fee. We are also filing an application to the Zoning Board of Appeals for a Variance. If any additional information is required, please con- tact us as soon as possible. Very truly yours, Abigail A. Wzckham /emu encls. APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold To~vn Planning Board, and represents and states as fdilows: 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.) Contract-vendee. Consent o£ the owners, E. Wallace and Ruth Brett Rothmayer attached hereto_ .... Minor Subdivision of Peter and 2. The name of the snb~wslon is to be .................................................... Patricia Lenz 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 2589 Page 139 On 7/3/46 . Liber. 2960 Page ... 09 On .6../3.5.[.4..9 ........ ; Liber Page On · Liber Page On · Lib P 0 · er ........................ age ...................... n ........................ , as devised under the Last Will and Testament of ........................................ or as distributee ........................................................................ 5. The area of the land is' 4.18 acres. 6. All taxes which are liens on the land at the date hereof have been paid except .......... ?. The land is encumbered by NONE 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 recorde~t 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 zoni~ag use districts '.'.A.'.'..R..e.s..i.d..e.n.t..J..a..]....&..A. ig.r..i.c..u.1..t.ural 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept .t.h..a.t...t.b.. 9' .p.a.r. 9.e..1' .i..~..b. 9.u..n.d..e.d...b.y..L. 9.n.g' .I..s.1..a.n..d..S.g.u.n..d.. 9.n...t.h..e..N.p.r..th. 11. The applicant shall at his expense install all required public improvements. 12. The lan(~ (does) (do~-no~)-lie in a Water District or Water Supply District. IX.Tame of Dis- trict, if within a District, is .............................................................. 13. Water mains will be laid by ...... ~./~ .................................................... and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ......................................... .... .a.p.p..1. i..c.a.n..t. ................... and (a) (no) charge ~vill be made for installing said lines. 15. Gas mains will be installed by .. ~J.A. ..................................................... and (a) (no) charge will be made for installiug 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 xvhich are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by See. 335 of the Real Property Law. 21. Submit a copy of proposed, deed for lots shoxving all restrictions, covenants, etc. Annex Schedule "D". DATE 22. The applicant estimates that the cost o{ grading and required public improvements will be $...Nf..A .... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ............ years. The Performance Bond will be written by a lieensec~ surety company unless otherwise shown on Schedule October 19, ,~ 83 k~.~ (: amc of A~nt) Peter Lenz. Applmcant ~ ~Patricia' Lenz, Applicant (Address) STATE OF NEW YORK, COUNTY OF ..S.UFF. 0LK ...................... , ss: On the . ..]-gJ;~ .......... day of ...O.c.~:p.]~.r, ............ 19~.3 .... before me personally came ...P..E.T.E..R...a~ .d..P..A.T..R.I..C...~...L..E.~..Z ......... to me known to be the individualEtlescribed in and: who executed the foregoing instrument, and acknowledged that ..~e[~ ...... executed the same. ABIGAlt.~ WlCI~4A~ . ~ ' /' $JMMIS?I ........... STATE OF NEW YORK, COUNTY OF .................................. ss: On the .................. day .............. of ........... 19 ....... before me personally came ................................................ to me knoxvn, who being by me duly sworn did pose and say that ............ resides at No ..................................................... · ................................................ that .......................... is the .......... the corporation described in and xvhich executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order Of- the board of directors of said corpor- ation, and that ............ signed ............ name thereto by like order. Notary Public September t O, 1983 TO WHOM IT MAY CONCERN: We, the undersigned, are the owners of certain property off Sound Avenue, Mattituck, New York which is under contract to be sold to Peter and Patricia Lenz. We hereby authorize Mr. and Mrs. Lenz to make application ~o~.the Southold Town Board of Appeals and the Sol,hold TOWel Plmnn%ng Board f6~.division of the two lots. E. Wallace Rothm&~r ~ Ruth Brett Rothmayer ~" ' SCHEDULE B No streets are on the Suffolk County Highway system. SCHEDULE C The deeded right of way connects with Sound Avenue in the Town of Southold Highway system. Schedule "D# Said premises shall be subject to the following ~ovenants and restrictions, which will run with the land: 1. The premises shall be used only for a single-family residence. The dwelling shall not exceed two-stories in height, with an attached garage for not more than two automobiles. A two- story dwelling shall contain a first-floor area of not less than 1,~00 square feet and a one-story dwelling shall contain a floor area of not less than 1,500 square feet, (excluding attached garage). 2. No dwelling or structure may be erected or modified the prior written approval of the site location and building plans and specifications by the party of the first part.. 3. 'No mobile type home or trailer shall be kept~ used, or allowed on said premises with the exception of a boat-trailer, shall be stored near the rear boundary'. '~ 4. No animals, livestock or poultry of any kind'shall on the premises, except domestic animals, which shall be housed in the dwelling. 5. These covenants and'restrictions will' remain in force and effect until January 1~' 1998, and may be enforced by an action and damages, an injunction or both. '6.- The party of the first part, ' "~ their successors or assi~%~ :eserves the right to alter, modify, extend, terminate or annul any of these covenants, in whole or in part, by agreement with the Dwner of the premises. SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point marked by a concrete monument at the southeasterly corner of land herein described and land now or formerly of Anderson; RUNNING THENCE along said land now or formerly of Anderson North 20° 41' 00" West 916.00 feet to the mean high water line of Long Island Sound; RUNNING THENCE along said mean high water line of Long Island Sound, the tie line being North 72° 42' 30" East 200.33 feet to land now or formerly of Maitrejean; RUNNING THENCE along said land now or formerly of Maitrejean South 20° 41' 00" East 907.00 feet to the southerly side of a 25 foot right of way; RUNNING THENCE along said right of way South 70° 08' 00" West 200.00 feet to the point or place of BEGINNING. TOGETHER WITH AND SUBJECT TO a right of way 25 feet in width to be used as a roadway along the southerly boundary of said land now or formerly of Anderson to the roadway hereinafter described. TOGETHER WITH AND SUBJECT TO a one-tenth undivided interest in a strip of land or roadway 25 feet in width extending from the southwesterly corner of land now or formerly of Anderson to the North Road and bounded further on the west by land now or formerly of Richard and Helen Price and on the east by Koroleski, said strip of land to be used as a roadway in common with Mattituck Park Properties, Inc. or other owners of said tract of 24.26 acres as above described. Re: ApPlication of Peter & Patricia Lenz Surf. Co. Tax Map No. 1000-112-01_11 & 12 WEST BY: EAST BY: SOUTH BY: (1000-112-01_10) Mr. & Mrs. Edmund Anderson 705 Wiggin St. Greenport, NY 11944 ~1000-112-01:13) Mr. & Mrs. Philippe Box 888 - Sound Ave.L' Maitrejean Mattituck, NY 11952 (1000-112-01_9) Mr. & Mrs. John KOroleski Mattituck, NY 11952 FORM NO. 3 TOWN OF SOUTHOLD BUILDI~IG DEPARTMENT TOWN CLERK'S OFFICE. SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ ./W~,.,.~. ,'~.~ ~ .~ ..................... .,~.~. ~z,,z-.o,.c~,~. ~: ~.:...~./~.~..z... Date ........................... , 19 ..... "/-'o ~ 2"/C/C/,.'~/ PLEASE TAKE NOTICE that your application dated .. ~. ~.7'..0.~..../..~. .... , 19 ~.-f... for permit to ee~st,-met,.."~,~v'/~../.~...,?'~T...,':~.'~.~ ................................... at ~ocation of Property..~ ~.~....~ ~. (~ .............. ~ ~~ ,~ Hou~ No. Strut County T~ Map No. 1000 Section ... [/~ ...... Block .Q~ ......... Lot ~[A .~OF~. Subdivision ..... ~ ....... Filed Map No ..... ? ..... .~ot N~._. '~ ........ is returned he.with and disapproved on the follow~g grounds. ~.. ~(~g ~0~. ~~ . ~/~.. ~~7... ~.. ~~ ~.. ~.. ~ ~ ~ ~ ~ ~ ~d~.~.._~ __ ~c/~_~ '7-0 .~--~5~a~ Building Inspector RV 1/80 IIISTLJC~ IOHS: ~ "Jl~ o~cle~ ~o ons¥1or ~ho questZons ~n ~h~s short EAF it ~s ~ssumed that ~he prepore~ ~'t~ZI use currently ovo~ZobIe ~nForr:~ot~on concerning ~he project and thc Iii;ely impacts at the action. It is r, ot expected that additional studie~, rcscorcJ~ or o~her investigations ~'1ill be undertaken. (b) It any question []o5 been ons'.~ered Yes the project may be significant qnd o complete(} [{nvirol~mental Assessment Form is necessary. (c) If oll questions hove been ons~.~cred Ho it is likely tho% this project i5 not significant. . .'.. (d) Environmental 1. W/Il proj~esJi~-'-in o large physical change to the project site' or physically alter more th,.m 10 acres at loncl9 ....................... ~ ~es X 2. %'/ill t}~orc bco major chm~ge ~o (,r,y unique or · ur~usuol land fozm found on the site? ....... Yes. X 3. ¥/ill pro3cct alter or }mve ~ large effect on ' cxistia9 body of %Yoter? ..................... .. .Yes- , X 4. ¥/ill pro3ect Imvc o potentially large impact on ground%'lotcr quality? .............. .... Yes: ~ No 5. ¥/ill project significantly effect o e dj ............ Yes ,X, ,No flot't on o acent si~e57 ........ .- . · 6. ¥;ill pro3cc[ offec~ any ~hreatcncd or endangered plan% or animal species? .......... . Yes X No 7. ¥/ilt project result in o major adverse c~fe~% '' .' on air quality? ............................... Yes. X 8. ¥/ill project hove o major off cci on visual character o~ tJle cor,]muni'[~ or scenic vie%rs or vis[os kno%vn to'be important ~o ~hc community?. Yes ~. ¥/ill projcc~ odversel>' impact any sa~c or .' . 51ructurc of historic, preJlis~oric or poleon~o].ogicol importance or any site dcsigncl[cd o5 a critical environmen%oi oreo 10. ¥~ill project []ave o laojor effcct on existih9 or fu[urc recreational oppor~ur, ilies? .......... Yes. X. , 11. ¥~il! project result in .~ojor tro[f~c problems or. cause o major cf feet ~o existing transportation systems? ....................... Yes X 12. ¥/ill projec~ reguiorly cease objecilonoble odors, noise, glare, vibration, or electrical disturbo:~cc os o result of ~j]e project's opero'[ior,? Yes X No 13. ¥/ill projcc~ J,ove on)' i~:poct on public beol[h Yes X No or safely? .................................... 14. %'/ill p~oject of foci the existing community by direc~l~ causing o growt}% in permanent population of more than 5 percept over o one year period or }]ave o major negative cf[cci on tim cJ]oroc~cr of the community or nclgJ~bor}iood? ................................. Yes~X No 15. ~5 t}mre public controversy concerning the project? ~esX No PRr-PALER SIGNAIURE Abigail A. Wickham REPRESEIII1NG Peter & Patricia Lenz DATE October 19, 1983 APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of $outhold: The undersigned applicant hereby applies for {tentative) {final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the $outhold Town Planning Board, and represents and states as foi]o~vs: 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.)Contract-vendee. Consent of the owners, E. Wallace and Ruth Brett Kothraayer a~t:ac, hed he~e4zo ....... 2. The name of the subdivision is to be .... ?l.l..n.o.r...b, .U.D. 9,Z.y.Z.S. ,:L.O.?_' . .O.I...~'.e..E.e. ,r,..a.n.a. ..... ..... .P.a.t..r.i..c.% .a..n..e.n..z ......................................................................... 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 ..2.5..8.9. ................. Page ....1.~ ............... On ..7~.3J.~6, ............. ; Liber ,~.~6~). ................. Page ... {].9 ................ On . .5./,]-~/~9 ............ ; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ......................... Liber ........................ Pa~e ...................... On ........................ ; as devised under the Last Will and Testament of ........................................ or as distributee ........................................................................ 5. The area of the land is /~. 18 acres. 6. All taxes which are liens on the land at the date hereof have been paid~ .......... NONE 7. The land is encumbered by .............................................................. 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 recordedl in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... 8. There are no other encumbrances or liens against the land ~::c:pt. ........................ "A" Residential & Agricultural 9. The land lies in the following zoni,ng use districts ...................................... 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept . Ch~.~. ~.he..par c.e 1.. i~. b.o~ll~e~ .b.y.. Long..I §land. ~o.un~. on..~h~. Rorth. 11. The applicant shall at his expense install all required public improvements. 12. The landi~ (does not) li,e in a Water District or Water Supply District. Name of Dis- trict, if within a District, is .............................................................. 13. Water mains will be lai,d by ...... N./.A. ................................................... and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ......................................... ............... ~p. plic.an.t: ........ and (a) ~ charge will be made for installing said lines. 15. Gas mains xvill be installed by .... I~1./~. .................................................... 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 sbown on the plat are claimed by the applicant to be existing public streets in the To*vn of Southold Highway systetn, 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 ~vh{ch 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 tbe proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of gradiug and required public improvements will be $. ~/A .... as itemized in Schedule "E" hereto aunexed and requests that the maturity of the Performance Bond be fixed at ............ years. The Performance Bond will be written by a licensecI surety company unless otberwise sbown/.oa~ct~edule~__ ~.~' "F".~(t .~... DATE .0.C. ~.O..b.~..r..1..9.~ ............... 19.8..3 .......... .~....~..(.~"...?..~ .... (Nameo~rl~licant) Peter Le~. Applicant .....%. .... qf~rl~r~Xl~Patricia Lenz, Applicant (Address) STATE OF NEW YORK, COUNTY OF ..S.UFEOLK ....................... ss: On the ...l~9. t;.h. .......... day of ...O.c.l;9.b~.r, ............ 19~.3 .... before me personally came ...P..E.T.E..R...a.~..d..P..A.T..R.I..C.I..A..L..E.N..Z .........to me kuown to he the individualsdescribed in and wh6 executed the foregoing instrument, and acknowledged that ..Khey. ...... executed the same. ............ STATE OF NEW YORK, COUNTY OF .................................. ss: On the .................. day .............. of ........... 19 ....... before me personally came ................................................ to me knoxvn, who being by me duly sworn did de- pose and say that ............ resides at No ..................................................... ................................................ that .......................... is the .......... the corporation described in and xvhich executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corpor- ation, and that ............ signed ............ name thereto by like order. Notary Public September / O, 1983 TO WHOM IT MAY CONCERN: We, the undersigned, are the owners of certain property off Sound Avenue, Mattituck, New York which is under contract to be sold to Peter and Patricia Lenz. We hereby authorize Mr. and Mrs. Lenz to make:applicatio~ ~o the Southold Town Board of Appeals and the so%,t~old TOWel Planning Board fO~ division of the two lots. E. Wallace RothmA~r ~ Rut~h B~o t~t ~o t~maye~r ~ ~ _~ ~,' xO SCHEDULE B No streets are on the Suffolk County Highway system. SCHEDULE C The deeded right of way connects with Sound Avenue in the Town of Southold Highway system. Schedule "D" Said premises shall be subject to the following covenants and restrictions, which will run with the land: 1. The premises shall be used only for a single-family residence. The dwelling shall not exceed two-stories in height, with an attached garage for not more than two automobiles. A two- story dwelling shall contain a first-floor area of not less than 1,~00 square feet and a one-story dwelling shall contain a floor area of not less than 1,500 square feet, (excluding attached garage). 2. No dwelling or structure may be erected or modified without the prior written approval of the site location and building plans and specifications by the party of the first part. 3. No mobile type home or trailer shall be ke~t, used, or allowed on said premises with the exception of a boat'trailer, which shall be stored near the rear boundary-. 4. No animals, livestock or poultry of any kind shall be maintained on the premises, except domestic animals, which shall be housed in the dwelling. · 5. These covenants amd'restrictions will remain in force and effect until January 1',' 1998, and may be enforced by an action and damages, an injunction or both. 6. The party of the first part, their~successors or assi~%~ :eserves the right to alter, modify, extend, terminate or annul any of these covenants, in whole or in part, by agreement with the Dwner of the premises. ~,,¢,¢¢o'/- ¢''J ¢ P£7~R , a' PArR~CIA LENZ AT TOWN OF sGFFbLK C~UNTY, NEW YoRK ~ OF THE SCALE: / 60 NO. ; ~$ - 7?4 YOUNG e ,NEW'Y RECEIVED BY .~OUTliOLD fO~'lJ~ PL~,i~i,,. ,~J~D .&re~" g-O~?1 pOw joI~p r~tieS secU' for Oup or etd forte corP ~0~G ~0UN° · 133.I? RECEIVED BY corP' bON~ ifiL.~N~ The subdivision of this parcel, as proposed, has been approved bw the Suffolk County PlanninR Commission subject to 8 conditions deemed neces- sary to help preserve the natural and aesthetic [,, , Refer CO letter for conditions. ~o/~:' , .:' ~,reo [ bet l...,,~75 Ac. erlV ~J seco' for rn C)upde~ or ~erlV Rose corP' ,,' ' File,. ~-,SD-84 - 15 :097§ ~c. ~reO; ~08TI NOTE jot~~ .ides for pup or (or~,' ¢oroles~ corP' 00T 25