Loading...
HomeMy WebLinkAbout1000-121.-3-5N ~o 000 : /r '' ELJG,F,N£ F. ¢ JbL. ' "'~ ' II~ON IVIAT' t 'IT LJ C.K TOWN OF SOUTt4, OLD ~ N.Y- ~llltar~ {:ode, APPROVED BY PLANNING BOARD TOWN ©F ~OU~ ~.,~D DATE ~V ~5 ~8~ Southold, N.Y. 11971 (516) 765-1938 November 25, 1987 Mr. Eugene Davison P.O. Box 248 - A RD# 1 4300 Sound Avenue Mattituck, NY 11952 Re: Subdivision for Eugene and Juliana Davison Dear Mr. Davison: The following action was taken by the Southold Town Planning Board, Monday, November 9, 1987. WHEREAS, a formal application for the approval of a subdivision plat, entitled "Strawberry Fields" for Eugene and Juliana Davison was submitted to the Planning Board on August 26, 1983 and filing fee was paid, and WHEREAS, a final public hearing was held on said subdivision and plat at the Southold Town Hall, Main Road, Southold, New York on Monday, October 19, 1987 at 7:30p.m., and WHEREAS, the requirments 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 Eugene and Juliana Davison for approval of said subdivision plat prepared by Rod Van Tuyl and dated January 7, 1986 be approved and the Chairman be authorized to endorse approval on said subdivision plat. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD 10430 ? 525 s~ce, na~al ~c ~y a~ natural v~t~m a~ ~ pmv~ ove~ ~ ~ cmse~e thereto, covenants and agrees that the prenises so purchased shall be held subject to the covenants, ~dltims, and restrictions hereinafter set forth. . . , ~}'5 1. LotNo. 4 as~:hom and Oesignated on the Minor Subdivision map approved by and filed with t~e -'x,~' ~ld Town Plaming Board ~all be not further su[~divided in perpetuity,, ~[[ that certain plot, piece or parcel of the buildings and improvements thereon erected, situate, lying and being at Mattitue) Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the southerly side of Sound Avenue at the northwesterly corner of the premises herein described adjoining land of John Lomaga on the west, said monument being about 2400 feet easterly as measured along the southerly side of Sound Avenue from the intersection of the southerly side of Sound Avenue and the easterly side of Aldrich Lane; from said monument and point of' beginning running thence along the southerly side of Sound Avenue, three courses and distances as follows: 1) N. 85 Degrees 56 Minutes 20 Seconds E.-413.48 feet; thence 2) N. 88 Degrees 10 ,Minutes 10 Seconds E.-306.20 Feet; thence 3) S. 72 Degrees 49 Minutes 20 Seconds E.-12]e~0 feet to a monument and land of Kirkup Estate: running thence along land of the Kirkup Estate, three courses and distances as follows: ' 1) S. 15 Degrees 57 Minutes 10 Seconds W.-314.53 feet-to a point; ':'"/"*' 2~' S~ De~rees'.13 Minutes 30, Seconds E. 409.40 fe~et tO _a mon.u~en 3) ~.' 66 De~rees 28 Minutes 20 Seconds W.-507.92 fee.t'to:,a · monument-'and ,lan~/ of John. Lomaga; running ~henco ,.alon~ ~atd land . -~ - ..... +~ree courses .:and distances · as follows. :.: [' . mon~ent;,,thence:. : ., .., ,, ~. , ,._. :.¥. ~ .,.:: ~. ' I 3) N; 14 Degrees 20 Minutes 30 Seconds W. 350..71 feet to ; ~ mortgagors TOGETHER wi~ all ~he right, title and interest of the .... ..~ of, in and to that portion of Sound Avenue adjacent ~o said premises to the center line thereof of ., 10430 : 528 ' as:rea~ covemnts rtnning with the l~d and shall centime ~nd ru,=i~ in full force ~qd offect at all ~ :s condi~ims ~nd restrictic~s shall lm binding upan, ~:to.~e ~mo~it of ~J ~e~mfopceable by the ~ 2r' Declarant,~ their heirs, successors and assigns; any o~ne~ o~:~my~poctim of the aforesaid ~,dses, their :- :~' heirs~z~Jccessors and assigns, and the Town:of Southold,-and~its~rrs and assigns, and the failure STATE OF NEW YORK ss.: County of Suffolk I, JULIETTE A. KINSELLA, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court being a Court of Record) DJD~lS~./~.r~ZT~' H ,E~,EBY_ C. ER[IFY that I,[~ve compared the.~nnexed ~opy of~ ~A and that it is a just and true copy of~t~h original I ~,1 ~,;~,,~ and of the whole thereof. ~" ..... - IN TESTIMONY WHEREOF~::~,have hereunto set ~y h~,nd arid affixed the s~l of said County and Court this oO. ~ ~ day O( , ~ 19 '7 Form No. 104 ........................... ~ .................. OF SUFFC ) to be the individuals described in and vino executed th~ foregoing instrunent, and acknowledged that they executed tile same. SYLVIA ELBAUM::; ;;:' flOTARy PUBLIC, State of New York No. 4]46~0920-$uttolk Count~ ,, ' . 1 321 49 DECLARATIO~ OF COVENANTS AND RES-fRiCTiONS TH£S OECLARATION made this lb'- day of (1) residing at_ LI~O0 ~pv~ ,<~ hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES} desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREiqiSES shall be held and shall be conveyed subject to the following covenants and restrictions: ~l)ECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTi~ENT) for a permit to construct, approval of plans or approval of a subdivision or development on the PREMISES. 10321 WHEREAS, the test welis sampled for the PRE~iSES indicated a groundwater supply that had contamination in excess of the minimum drinking water standard and/or guidelines of the State of New York and contained excess of the following ~9 I 1-~-~ I'i'l~[~ ; WHEREAS, the County of Suffolk Department of Health Services has agreed to issue a permit only if there be a record covenant that the necessary water conditioning equipment be installed so as to meet the quality of standards for drinking water; it is DECLARED and COVENANTED by DECLARANTS, their heirs or successors and assigns forever, that no residence upon the above described property will be occupied prior to the installation of the necessary water conditioning equipment so that the water, when conditioned, meets the said minimum quality standards for drinking water of the State of New York and evidence of the same is furnisheo to the Suffolk County Department of Health Services for their written approvai. '10321 3. The DECLARANi', its successors and/or assigns shali set forth these covenants, agreements and declarations in any and ail leases to occupants, tenants and/or lessees of the above described property and shall, by their' terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invaiidate their automatic subjugation to the covenants and restric%ions. 4. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of iocai, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws. ordinances, and/or regulations may thereafter be revi~ed, amended, or promulgated. 5. This document is ma~e subject to the provisions of ali laws required Oy law or by their prowsions to oe incorporated herein and ti~ey are eeemed to be incorporated herein and made part hereof, as ~hough fuily set forth. 0321 '52 6. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at 1aw. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the vaiidity of this covenant nor to impose any liabiiity whatsoever upon the County of Suffolk or any officer or employee thereof. 7. These covenants and restrictions shall run with the iand and shall be binding upon the 6ECI.ARAN'I-, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the premises only with the written consent of the ~EPARTiqENT. 8. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shail, by a Court of compelent jurisdiction, be adjudged illegal, uniawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these' covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. " 10321 :53 Local Law #32-1980 - The DECLARANT represents and warrants that ~e has not offered or given any gratuity to any official, empioyee, or agent of Suffoik County, New York State, or of any politica! party, with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local Law #32-1980. LS LS · . ','10321 .SCHEDULE A DESCRIPTION OF PROPERTY NAME OF SUBDIViSIOI~ STRAWBERRY FIELDS ALL that certain plot, piece or parcel of 1and, 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 concrete monument set on th~ southerly side of Sound Avenue at the northwesterly corner of the premises herein described adjoining land of John Lomaga on the west, said monument being about 2400 feet easterly as measured along the sou[herly side of Sound Avenue from the intersection of the southerly side of Sound Avenue and the easterly side of Aldrich Lane; from said monument and point of beginning running thence along the southerly side of Sound Avenue, three courses and distances as follows: 1) N. 85 Degrees 56 Minutes 20 Seconds E. - 413.48 feet; thence 2) N. 88 Degrees i0 Minutes 10 Seconds E. - 306.20 Feet; thence 3) S. 72 Degrees 49 Minutes 20 Seconds E. - 121.20 feet to a monument and land of Kirkup Estate: running thence along land of the Kirkup Estate, three courses and distances as follows: 1) thence 2) thence 3) and 1and of courses and S. 15 Degrees 57 Minutes 10 Seconds W. - 314.53 fee'~ to a point; S. 9 Degrees 13 Minutes 30 Seconds E. - 409.40 feet to a monument; S. 66 Degrees 28 Minutes 20 Seconds W. - 567.92 feet to a monument John Lomaga; running thence along said ]and of Lomaga, three distances as follows: 1) N. thence 2) N. thence 3) N. and point of 22 Degrees 25 Degrees 14 Degrees beginning. 13 Minutes 12 Minutes 20 Minutes 30 Seconds W. 20 Seconds W. '30 Seconds W. 124.97 feet to a monument; 501.82 feet to a monument; 350.71 feet to a monument 10321 STATE OF NEW YORK COUNTY OF SUFFOLK ss.: On the /~ day of ~/. . 198~ before me personally ca,ne~,~.:~_~_.~-..2....~_ ~~L~.~L~.~. to ine known to be the individual(s) described in and who executed the foregoing instrument and acknowledged tJ~,~t (they) executed same. Notary Public : Sta':e of New YOrK STANLEY k. CIERACH, JR. Southold, N.Y. 11971 (516) 765-1938 May 4, 1988 Mr. Eugene Davison P.O. Box 248 - A RD #1 4300 Sound Avenue Mattituck, NY 11952 RE: Map of Eugene and Juliana Davison SCTM #1000-121-3-5 Dear Mr. Davison: As per the phone conversation with Jill Thorp, enclosed is a copy of the approvedmap endorsed by the Chairman. ~ If you have any questions, ple~ase do not hesitate to contact this office. Enc. Very truly yours, Bennett Orlowski,Jr. Chairman P Southold, N.Y. 11971 (516) 765-1938 September 30, 1987 Mr. Eugene Davison P.O. Box 248 -A RD#i 4300 Sound Avenue Mattituck, NY 11952 Re: Subdivision for Eugene and Juliana Davison Dear Mr. Davison: The following action was taken by the Southold Town Planning Board at the regular meeting of Monday, September 28, 1987. RESOLVED that the Southold Town Planning Board grant sketch plan approval to the Minor subdivision of Eugene and Juliana ~vison located at Laurel, to be known as "Strawberry Fields" SCTM~ 1000-121-3-5; for 4 lots on 12 acres; survey dated January ~ 1986. RESOLVED that the Southold Town Planning Board set Monday, October 19, 1987 at 7:30p.m. at the Southold Town Hall, Main Road, Southold, NY 11971 as the time and place for a public hearing on the question of approval of the minor subdivision for Eugene and Juliana Davison located at Mattituck, SCTM# 1000-121-3-5. If you have any questions, please feel free to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD LD Southold, N.Y. 11971 (516) 765-1938 September 30, 1987 Mr. Eugene Davison P.O. Box 248 -A RD~i 4300 Sound Avenue Mattituck, NY 11952 Re: Subdivision for Eugene and Juliana Davison Dear Mr. Davison: The following action was taken by the Southold Town Planning Board at the regular meeting of Monday, September 28, 1987. RESOLVED that the Southold Town Planning Board grant sketch plan approval to the Minor subdivision of Eugene and Juliana ~vison located at Laurel, to be known as "Strawberry Fields" SCTM~ 1000-121-3-5; for 4 lots on 12 acres; survey dated January ~ 1986. RESOLVED that the Southold Town Planning Board set Monday, October 19, 1987 at 7:30p.m. at the Southold Town Hall, Main Road, Southold, NY 11971 as the time and place for a public hearing on the question of approval of the minor subdivision for Eugene and Juliana Davison located at Mattituck, SCTM# 1000-121-3-5. If you have any questions, please feel free to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD 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, South- old, New York, in said Town on the 19th day of October, 1987, on . the question of the following: 7:30 p.m.--Approval of the fi. hal maps for the minor sgbdivi- stun of Eugene F. and Juliana Davison to be known as "Straw- berry Fields" located at Mat- tituck, Town of Soutbeld, County of Suffolk and State of New York, Bounded as described as follows: BEGINNING at a concrete monument set on the southerly side of Sound Avenue at the northwesterly corner of the premises herein described ad- joining land of John Lomaga on the west, said monument being about 2,400 feet easterly as mea- sured along the southerly side of Sound Avenue from the intersec- tion of the southerly side of Sound Avenue and the easterly side of Aldrich Lane; from said monument and point of begin- ning; running thence along the southerly side of Sound Avenue, three courses and distances as follows: (1) North 85 degrees 56 feet 20 inches East 413.58 feet; (2) North 88 degrees 49 feet 10 inches East 306.20 feet; (3) South 72 degrees 49 feet 20 in- ches East 121.20 feet to a monu ment and land of Kirkup Estate; running thence along land of the Kirkup Estate, three courses and distances as follows: (1) South 15 degrees 57 feet I0 in ches West 314.53 feet to a point; (2) South 9 degrees 13 feet 30 in- ches East 409.40 feet to a monu- ment; (3) South 66 degrees 28 feet 20 inches West 507.92 feet to a monument and land of John Lomaga running thence along said land of Lomaga, three courses and distances as follows: (1) North 22 degrees 13 feet 30 inches West 124.97 feet to a monument; (2) North 25 degrees 12 feet 20 inches West 501.82 feet to a monument; (3) North 14 degrees 20 feet 30 inches West 350.71 feet to a monument and point of place of BEGINNING. Containing 12.6 acres plus or minus. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: September 28, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI JR. CHAIRMAN 1TO8-5733 STATE OF NEW YORK } COUNTY OF SUFFOLK Chr±$ t±na Con'ten'co of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and'State of New York, and that the Notice of which the annexed is a printed copy, has been regulaHy published in said Newspaper once each week for weeks successively, commencing on the ~8 dayof October 19_R? Principal Clerk Sworn to be~e this day of , ~ I~A~Y K DEGNAN / .~ ~ , ~,i'~ ARy pU~LIC, State o. N~ Yo~ LEGAL NOTICE NOTICE IS HEREBY EN that pursuant to Seclioa 276 of the 7bwn /aw, public hear- ings will be held by the Southold Toxin Planniug Board at thg Town Hall. Main Road. Southold, Next '~brk, in said Town on the 19th da5' of Oc- tober, 1987 on the question of the following: 7:30 p.m. Approval of the final maps for Ihe minor sub- division of Eugene F. and Juliana Davison to be known as "Strawberry Fields" located at Mattituck, Tov~n of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNIN~ at a concrete monmnent set on the southerly side of Sound Avenue at the northwesterlS(, corner of thc prenfises herein described ad- joining, land of John [omaga on the west. said monumenl being about 2400 feet easterly as measured along the southelly side of Sound Avenue from the intersection of the southerly side of Sound Avenue and the easter- ly side of Aldrich Lane: from said monumenl and point of beginning; running thence along the southerly side of Sound Avenue, three courses and distances as follows: (l) North 85 56 20 East41a._8 feet;(2) North 88° 49' ]0" East 306.20 feet: (3) South 72° 49' 20" East 121.20 feet to a monument and land of Kirkup Estatel running thence along land'of the Kltl~p Estate? thre~'~ourses and distances as f411~,ws: (1) So,,uth 15° 57' 10;'We~st'314.53 feet to ~a ¢oint; (2) South 9° 13' 30" East 409.40 feet to a monument; (3) South 66° 28' 20" West 5{)7.92 feet tb a"tn~htlment and land o1' John [x~g~. aga running thence along?aid land of Lomaga, three courses and distances as folt~.'v.S.~;(1,) North ~2 13 _0 West~Zfeello a nlonument; (2) N&~ 2§~°/~' 20" West 501.82 feet tO ment; (3) North 14" ~0' 30'~' West 350.71 feet to a monu- mere and point or place ~of BEGINNINQ. Containing ,.1~. acres ±. Any person desiring to be heard on the above, matter should appear at the time and place above specified. Dated: September 28, 1987 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNEFT ORLOWSKI, JR. CHAIRMAN IT-10/8987(l) COUNTY OF SUFFOLK STATE OF NEW YORK ss: DATE Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ........................... weeks successively, commencing on the day/~, ~.~ . . c_ex~,.:.7(..,¢~. ~-~c~ ,,, ..... , 19. ?... ....... Sworn to before me this ..................... day of Notary Public BARI{ARA FOW~ES Notary Pub~, ~ of New Yc~k DECLARATION OF COVEI~/~FfS ~ND RESTRICTIONS THIS I~)ENTUREmadethis~ dayof ~)/ , 1985, by~c~-'o~ ~o~ ~- ~inaf~r call~ ~ ~lara~. ~, ~ ~lara~ is ~ ~r in f~ sidle ~ a ce~in ~1 ~ la~ si~a~ at ~ttit~, T~ ~ ~ld, ~folk ~y, ~ Yo~, ~ ~si~a~ ~ t~ ~folk C~y T~ ~p as Di~ri~ iooo ~im [~l B]~3 ~ L~ ~ c~ini~ appmxim~ly acres, ~i~ ~ s~p~imsacqui~byt~lara~byd~da~ ~ ~E~ ~ a~o~in~ ~folk~yCIe~'s~fice~ ~ oc~, I~ inLi~r ~~at~ ~, a~ mfer~ ~ ~min as ~ "p~i~s" ~ ~E~, ~ ~lara~ i~s ~ s~ivi~ said p~ims for msi~ial ~s a~ ~sims ~ s~j~ said p~i~s ~ ce~in c~iti~s, cov~s a~ mstri~i~s in o~r ~ pm~e ~ ~xi~ o~ s~ce, nat~a] sc~ic ~y a~ natural v~ti~ a~ ~ pmv~ ove~i~ a~ ~ c~e ~ ~d m~r ~es ~ ~ T~ ~ ~old, ~ ~, ~ ~]ara~ had app]i~ ~ ~ Pl~ni~ ~a~ ~ ~ T~ ~ ~ld for a~mval ~ ~ ~ivisi~ a~ ~vel~t ~ ~ p~ises as a Mimr ~ivisim, ~ c~in n~ ~m ~an f~ (4) lots or ~els. ~, ~F~, ~ ~lar~ ~s ~y d~Iam that t~ afo~said p~i~s a~ every ~i~ ~f is ~mby ~ld ~ shall ~ c~ve~ subj~ ~ ~ c~iti~s, cov~a~s a~ ~ri~i~s ~mi~f~r s~ fo~, a~ ~t every ~ser ~ said p~i~s, or ~y ~i~ ~, by t~ accep~e ~ a ~ ~mto, cov~s a~ a~s ~at t~ p~i~s so ~s~ shall ~ ~]d s~j~ ~ ~ cov~a~s, c~iti~s, a~ m~ri~i~s ~mi~fter mt fo~h. 1. Lot ~. 4 as ~ a~ ~i~at~ ~ ~ Mimr Su~ivisi~ ~p a~mv~ by a~ fiI~ wi~ ~ ~ld T~ PI~i~ ~ shall ~ ~ f~r su~divi~ in ~uity. 2. li~at all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and re~in in full force and effect at all times as against the o~qer 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 owaer of any pontion of the aforesaid premises, their heirs, successors and assigns, and the Town of Southold, and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. IN WITNESS ~REOF, this indenture has been executed the day and year first above written. STATE OF NEW YORK) COUNTY OF SUFFOLK) SS' On the ~Lv~ day of ~ , 1985, before me personally ca~e and , to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. SYLVIA ELBAUM NOTARY PUBL~IC, State of New York No. 41468092D-Sul$olk Cou~ty -2- I~cg ~',0 /&"' 57- h~r~aher ~e~r~d a, ~he,eller. &n~{ ~3GENE F. DAVISON and JULI Doth residing at~, -~m~s~, ~4~11~, DAVISON, his wife, hereinafter dc~rib~-'d a, ~e purchaser, %VFFNE~q~{, ~et ~e ~ller agl~s lo Mil ~ad co~,vcy, and ~e puic~aser agrees to purcha~, all thai certain ploL piece or parcel of l~d. ~ ~e buildings ~nd ~provemenU ~ereou creeled, situate, lying and ~ing ~'~ at Mattituek · Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a concrete monument set on the southerly side of Sound Avenue at the northwesterly corner of the premises herein described adjoining land of John Lomaga on the west, said monument being about 2400 feet easterly as measured along the southerly side of Sound Avenue from the intersection of the southerly side of Sound Avenue and the easterly side of Aldrich Lane; from said monument and point of beginning running thence along the southerly side of Sound Avenue, three courses and distances as follows: 1) North 85056'20'' East 413.48 feet; 2) North 88°49'10'' East 306.20 feet; 3) South 72049'20'' East 121.20 feet to a monument and land of Kirkup Estate; running thence along land of the Kirkup Estate, three courses and distances as follows: 1) South 15°57'10'' West 314.53 feet to a point; 2) South 9°13'30" East 409.40 feet to a monument; ~ 3) South 66028'20'' West 507.92 feet to a monument and land of John Lomaga running thence along said land of Lomaga, three courses and distances ~ as follows: 1) North 22013'30'' West 124.97 2) North 25012'20'' West 501.82 3) North 14020'30'' West 350.71 BEGINNING. feet to a monument; feet to a monument; feet to a monument and point or place of ,,,/=ooo .Soo,..,b '4/"6- RECEIVED B¥2 T~ o~ LD Southold, N.Y. 11971 (516) 765-1938 July 9, 1985 Mr. Eugene Davison P.O. Box 248 -A RD #1 4300 Sound Avenue Mattituck, NY 11952 Re: Subdivision for Euguene and Juliana Davison Dear Mr. Davison: The following action was taken by the Southold Planning Board, Monday,July 8, 1985. RESOLVED that the Southold Town Planning Board approve the sketch map for the minor subdivision of Eugene and Juliana Davison located at Laurel for 4 lots on 12.9372 acres. Map dated as last revised October 22, 1984. Would you please forward six (6) surveys, see the enclosed list for the requirements, for our necessary referrals to the state and local agencies. Upon receipt of approval of the Suffolk County Department of Health Services for water and sewer, we will schedule a public hearing on this matter. If you have any questions, please don't hesitate to contact our offfice. Very truly yours, SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. Southold, N.Y. 11971 (516) 765-1938 October 24, 1985 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, NY 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the subdivision of Eugene and Juliana Davison located at Mattituck. Tax Map No. 1000-121- 3-5. This project is unlisted and an initial determination of nonsignificance has been made. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until November 7, 1985. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of lead agency. '' Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. enc. cc: Department of Health Services Schultze, Secretary COUNTY OF SUFFOLK DEC 2 ,'985 ~:~ETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEAL.TH SERVICES To: 7~,4/'-',," We are in receipt of your letter dated referenced project. DAVID HARRIS. M.D.. M.P.H. Date ~)c7~. ,~'. /)~oncerning the above 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 Cor~nents. Insufficient information is available for technical comments. There is no record of an application to this Department. A more accurate project location is needed. (Suffolk County Tax Map #) 6. This Department has received an application and it is: Complete Incomplete Other: 7. It appears that the project can be served by: Sewage Disposal System Sewer System and Treatment Works Subsurface Sewage Disposal System(s) Other: 548-3318 Water Supply System A Public Water Supply System Individual Water Supply System(s} Other: .~8. Comments: The Health Department's primary environmental concern pertaining to development is that the applicant comply with the requirements of the Suffolk County Sanitary Code especially Article ¥ and VI, and relevant construction standards for water supply and sanitary sewage disposal. These considerations are to be reviewed completely at the time of application. Full consideration in placement of water supply wells and disposal systems is given to state and town wetland requirements. The Health Department maintains jurisdiction over final location of disposal and well systems and the applicant should not undertake to construct any water supply or disposal system without Health DePartment approval. Other portions of the Suffolk County Sanitary Code also apply to commercial development such as Article XII. The Lead Agency is requested to forward a copy of this foden to the applicant with its findings. Further comment may be provided upon completion of the application review. Name Phone ~'-.,~'f~- I HSTL':!CT IOHS: ': ~]---T~ order to ons~er ¢he questions in Chis sbor'c EAF i¢ is assume [hc~ ~he preparer uill use currently available information concerning %he projcc[ ~,nd the lihcly im~)~c~s of tho action. I% is not expected ~ho~ additional studio.n, rcscarch or other inves~igo¢ions wilt be undertaken. Cb) If any qucztic, n bas been answered Yes ~ha project may be 5ignificen[ and o compleLed ~nvironman%al Assessment Form is necessary. Cc) If all quesfions hove bean answered ['b i% is likel'y fha% fhis project is not significsnf. (dj Ehviz'onm~n~al /'~55er. nrne,~{ ·-'; ¢o ~hc projcc% si%e or ph~icolly o!ter more t' 10 f 1 ~? Y ~N %'1ilt there bca major char]Dc fo any unique or 3. 4. 5. 6. 8. 12. 13. 14. 15. -ur,usual land fozm found on the site? ..... ~'/ill projacf a!fer or have o large' efFecf o~'"' · fi b dy f [~ ~ %'/ill projac~ have o poCan'~ial!y largo impoc~''- ' ' quoli~y? %'/ill projec¢ significantly' cf'f'ec¢ tire,noDe flow on adjocen¢ siCes? ...................... %'/ill projec~ ofifect on), %hreo~ancd or cndonoercd plon~ or animal species? ...... ~'/ZZ} proje:~ resul¢ in o major adverse air qual ) ~ ' ~'I$~Z p~n~ec¢ have a major eFfec~ on vZsuaZ .... cJ~arc]c~cr oF the cofamuni~y or scenic views or vir.[o~ known ~o:b(: impor¢on~ ~o Che community?.. Will project adversely impocL any site or 5~ruc~ure of historic, prehistoric or paleon~o!ogicol imporlance or any sire designated as a cri[ic(~! environmental area Will projec'[ have a major cf feet on exis%ihg or future rccrea[iono] opportunities? ......... %'/il! projec¢ resul~ in .major ~rafffc problems ' o~l cat, ne o major off ecl ~o exlsfing %'[ill projec~ .regularly cause objec{ioncble ochers; noise, glare, vibration, or etcc%ricol disturbance os ~ resu!~ of Che project's opera[ion? ' ' %'lill projcc~ },a~va any impact on public healLh" or saFefyO %'1il! p~oject affect ~he existing communi%y by- directly cau~i,~g O gro'.'/~h in permcncnt population of more ~hon 5 pcrccg~ over o one year period or have o major ncgalive effect on tile cJloroc~cr O~ the communiiy or ne~g ~borJloodo ................................. ]~ [here public controversy car, earning fha project') PREPAL'ER'S SIGII,'JURE ~_~~_ ~ Yes, <N~ Yes ~/'No Ye~ ' Yes /No Ye s P/No Yes, I/No Yes' ~/~No DATE 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. 3216 Application 'Dated February 2, 1984/Amended November 10, 1986 TO: Mr. Eugene Davis0n [Appellant(s)] P.O. Box 248-A, RD #1 4300 Sound Avenue Mattituck, NY 11952 At a Meeting of the Zoning Board of Appeals held on January 8, 1987 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article III , Section ]00-32(A)[1](b) [ ] Request for Application of EUGENE DAVISON for a Variance to the Zoning Ordi- nance, Article III, Section lO0-30(A)[1] for permission to establish dwelling unit upon 9.8±-acre parcel over existing horse stable. Location of Property: South Side of Sound Avenue, Mattituck, NY; Lot #4, Minor Subdivision of Strawberry Fields, which received Sketch Plan approval July 8, 1985 by the Town Planning Board; County Tax Map Parcel No. 1000-121-3-5 (containing 12.6± acres). WHEREAS ber ll, 1986 under Appeal , a public hearing was held and concluded on Decem- in the Matter of the Application of EUGENE DAVISON No. 3216; and WHEREAS,--at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the board made the following findings of fact: 1. This is an appeal from a Notice of Disapproval from the Building Inspector dated November 10, 1986, under Article III, Section lO0-30(A). Appellant requests permission to build living quarters for one-family unit at the east section of the second floor of an existing horse stable structure. 2. The subject premises contains a total area of 12.6372 acres, which has received a four-lot minor subdivision sketch map approval by the Planning Board as more particularly shown by map surveyed by Roderick VanTuyl, P.C., amended January 7, 1986. The second-floor apartment under consideration is proposed on the 9.8-acre parcel referred to as Lot No. 4. (CONTINUED ON PAGE TWO) DATED: January 8, 1987. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3216 Matter of EUGENE DAVISON Decision Rendered January 8, 1987 The subject premises is located in the "A-80" Residential and Agricultural Zoning District. 3. For the record it is noted that Article III, Section 100-31, Bulk Schedule of the Zoning Code requires a minimum habitable area of 850 sq. ft., and appellant proposes 1,020± sq. ft. of living area. 4. The premises has been and is used for the keeping, breeding, raising and training of horses, domestic animals and/or fowl, as regulated by Subsection (b) of Section lO0-30(A)[1] of the Zoning Code. It is the understanding of this Board and the Building Inspector that a variance is requested for this single-family apartment over the stable in addition to the present use occupying this 9.80 acre parcel. A conditional variance was approved by thi's Board on June 13, 1985 under Appeal No. 3254 for the 9.8- acre parcel as noted therein. 5. It was also noted that an application for the "proposed house" as shown on the January 7, 1986 survey has not been submitted to the Building Inspector for his determination and has not been included in the Notice of Disapproval rendered November 10, 1986. In considering this appeal, the board finds and deter- mines: (a) the relief requested will not be adverse to the safety, health, welfare, comfort, convenience or order of the town; (b) there will be no substantial increase in population density and this project will not produce an undue burden on available governmental facilities; (c) the circumstances of the property are unique; (d) the difficulty cannot be obviated by a method feasible for appellant to pursue other .than a variance; (e) that in consideration of the above factors, the interests of justice will be served. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, to GRANT a Variance for the establishment of a single-family dwelling unit at the east end of the second floor of the existing horse stable structure applied under Appeal No. 3216 in the Application of EUGENE DAVISON, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That this dwelling unit not exceed 1,O00 sq. ft. in livable floor area; 2. The grant of this variance is limited to this single- family dwelling unit (apartment) at the east end of the second floor of the existing horse stable structure as applied. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis abstained due to absence at the public hearing.) This resolution was duly adopted with a majority plus one vote of the five members. lk GERARD P. GOEHR'INGER, C~J~IRMA'N January 16, 1987 T LD Southold, N.Y. 11971 (516) 765-1938 MEMORANDUM TO: FROM: DATE: RE: Board of Appeals Southold Town Planning Board November 20, 1986 Eugene Davison With regard to your memorandum of November 18, 1986 we have made a review of the file. Mr. Davison's application for the minor subdivisiOn has been given sketch map approval, see the attachment. However, this application has not been finalized since we are still waiting for Article 6. Upon receipt of Article 6 approval, we would be in a position to schedule this matter for a public hearing on the final approval. Please don't hesitate to contac~ our office, if you have any other questions. ~ov ~ ~9~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (518) 765-180g APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAW[CK[ TO: Southold Town Planning Board FROM: Board of Appeals DATE: November 18, 1986 SUBJECT: Appeal No. 3216 and Minor Subdivision of Eugene Davison Mr. Davison has recently advised that a Minor Subdivision concerning his property located at the south side of Sound Avenue, Mattituck, has been finalized. We have an application pending to establish an apartment on the second floor of an existing stable, and would like to update our file concerning the approved subdivision. Thank you for your assistance. Southold, N.Y. 11971 (516) 765-1938 October 23, 1985 Mr. Eugene Dav~son P.O. Box 248-A 4300 Sound Avenue Mattituck, NY 11952 Re: Strawberry Fields Dear Mr. Davison: The following action was taken by the Southold Town Planning Board, Monday, October 21, 1985. RESOLVED that the Southold Town Planning Board declare themselves lead agency under the State Environmental Quality Review Act for the minor subdivision of Eugene and Juliana Davison located at Laurel. An initial determination of non-significance has been made. When we have coordinated with the necessary agencies, I will forward the negative declaration to you. After you have received the decision from the Health Department pursuant to Article 6, would you please forward a copy to our office, so we may schedule the public hearing on this matter. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary COUNTY OF' SUF'FOLI~ DEPARTMENT OF PLANNING (516) 360-5207 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 July 30, 1985 Re: Minor Subdivision - Eugene F. and Juliana Davison S/s of Sound Ave., 2400'~ e/of Aldrich Lane Mattituck, N.Y. Dear Mr. Orlowski: 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 ~he Suffolk County Planning Commission. Very truly yours, Lee E. Koppelman Director of Planning Charles G. Lir~, Chief Planner Subdivision Review Section File: 1333-NJ-85-32 CGL:Jk Encl.: Map 11788 T LD Southold, N.Y. 11971 (516) 765-1938 July 24, 1985 Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: (Map of) (Minor Subdivision~ Euoene and Julian D~visnn Hamlet Mattituck Tax Parcel Identifier No. 10~0 12] 3 5 Material Submitted: Minor Subdivision - Class A(3 copies) × Class B (2 copies) Major Subdivision (3 Copies) Preliminary Map (1 copy) ; Topographic Map (1 copy) ; Darinage Plan (1 copy) ; Street Profiles (1 copy) ; Grading Plan (1 copy) ; Planning Board Res. (1 copy) ; Other material (specify and give number of copies) One copy of Board of Appeals resolution of approval on insufficient lot area. Waiver of Subdivision Requirements - See attached sheet Comments: Th~r~ will h~ n~ ~r~h~r ~ubd±vi~ien of Lct Nc. Derguity. this will filed other Town Departments. Very truly yours, Bennett Orl~w~i .~ WAIVER OF SUBDIVISION REQUIREMENTS (Map of) (Minor Subdivision-) Eugne ~nd Juliana Davison Hamlet or Village Mattituck TownSouthold The following items normally required as part of the subdivision applica- have been waived. Check, as required. Preliminary }~p Street Profiles Other (describe) X Topographic M~p X Drainage Plan X X Grading Plan X" Lands'cape Plan X Reason: 1) Minor Subdivision a) Not required by subdivision regulations b) Subdivision of lot on an existing improved filed map c) Other__ (describe) 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 Southold Town Board of Appeals ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3254 Application Dated June l, TO: Mr. Eugene Davis0n P.O. Box 248-A, RD #l 4300 Sound Avenue Mattituck, NY ]]952 1984 (Amended 5/28/85) [Appellant (s) ] At a Meeting of the Zoning Board of Appeals held on June ]3, ]985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X]Request for Variance to the Zoning Ordinance Article III , Section ]00-3] (]06-]3) Request for Application for EUGENE DAVISON, 4300 Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of lots of insufficient area and lot width in this proposed division of land (106-13) located at the South Side of Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-121-3-5, containing 12.6+ acres. WHEREAS, a public hearing was held and concluded on June 13, 1985 in the Matter of the Application of'EUGENE DAVISON, Appeal No. 3254, at which no objections were received for the record; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter; and WHEREAS, in requesting input from the Planning Board concern- ing the most recently revised subdivision map, it was the consensus of the Planning Board not to comment pending Z.B.A. determination; and WHEREAS, the board made the following findings of fact: 1. The property in question is located at the South Side of Sound Avenue, Mattituck, NY with a total acreage of 12.6372 acres and frontage (lot width) along Sound Avenue of 840.88 feet and is located in an '~-80" Residential and Agricultural Zoning District; 2. By this application, appellant proposes a division of the entire 12.637~ acres into four lots with existing structures, as shown on the amended site plan received May 28, 1985 and prepared by Roderick VanTuyl, P.C. October 22, 1984, and as follows: (1) Lot #1 with an existing single-family, two-story frame dwelling and having an area of 40,000 sq. ft., lot width of 280 feet, and lot depth of 156 feet; (2) Lot #2 with an existing single-family dwelling and accessory garage and having an area of 40,000 sq. ft. (inclusive of a 25' access strip from Sound Avenue); (3) Lot #3 of 48,000 sq. ft. with 121.20' lot width along Sound Avenue and an existing single-family, 1½-story frame house; (4) Lot #4 of 9.8± acres containing only an existing horse stable [which is presently without habitable residential quarters]. 3. Article III, Section lO0-31, Bulk Schedule of the Zoning (CONTINUED ON PAGE TWO) DATED: June 21, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3254 Matter of EUGENE DAVISON Decision Rendered June 13, 1985 Code requires a minimum of 80,000 sq. ft. in area, 175 foot lot width, and 250' lot depth. 4. In viewing the property in question and the placement of the three nonconforming dwelling structures and accessory buildings, it is the opinion of the board that this is plan as amended is the most feasible plan for the applicant to pursue. 5. Applicant has submitted a Declaration of Covenants and Restrictions in legal, recordable form restricting Lot No. 2 to any further subdivision in perpetuity, and the original of which is subsequently herewith to be filed with the Suffolk County Clerk's Office. In considering this appeal, the board has -Fou~dF° (1) that the circumstances of this appeal are unique and therefore in view of the manner in which the difficulties arose, another method for the applicant to pursue other than a variance is not feasible; (2) that there will be no effect, if the variance is allowed, of the increased population density thus produced on available governmental facilities; (3) that there will be no substantial change to adjoining properties; (4) that in view of the manner in which the difficulties arose, the interests of justice will be served by allowing the variance applied, as noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, to grant the relief requested under Appeal No. 3254 as shown on plan dated October 22, 1984 (received May 28, 1985) for approval of: (1) Lot #1 of 40,000 sq. ft. in area, 280 feet of lot width, and 156 of lot depth; (2) Lot #2 of 40,000 sq. ft. in area (inclusive of 25' access strip from Sound Avenue; (3) Lot #3 of 48,000 sq. ft., 121.20' lot width and 250' lot depth; (Lot #4 does not require variance relief at this time), SUBJECT TO THE FOLLOWING CONDITIONS: 1. If and when stable is converted to a single-family residential use as may be permitted by the zoning and fire codes, the structure must comply with requirements under the "A-80" section of the zoning Bulk and Parking Schedule; 2. Planning Board approval. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk GERARD P. GOEHRINGER, CHAIRMAN June 21, 1985 S L'~~ Y Southold. N.Y. 11971 (516) 765-1938 NEGATIVE DECLARATION November 25, 1985 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 Eugene and Juliana Davison is four lots on 12.6 acres located at Mattituck. Tax Map No. 1000-121-3-5. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to Occur should the project be implemented as planned. Because there has been no response from the Department of Environmental Conservation in the alotted time, it is assumed that there are no comments or objections from the agency. Because there has been no comments in the alotted time from the Suffolk County DePartment of Health Services it is assumed that there are no comments or objections from that agency. The project will meet ail the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane M-. Schu~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 Department of Health Services Suffolk County Planning Commission Francis J. Murphy Eugene and Juliana Davison PI TO D Southold, N.Y. 11971 (516) 765-1938 ' NEGATIVE DECLARATION November 25, 1985 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 Eugene and Juliana Davison is four lots on 12.6 acres located at Mattituck. Tax Map No. 1000-121-3-5. The project has be~n determined not to have a significant effect on the environment for the following reasons: An environmental assessment,has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no response from the Department of Environmental Conservation in the alotted time, it is assumed that there are no comments or objections from the agency. Because there has been no comments in the alotted time from the Suffolk County DePartment of Health Services it is assumed that there are no comments or objections from that agency. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information~can be obtained by contacting Diane M-. Schu~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 Department of Health Services Suffolk County Planning Commission Francis J. Murphy Eugene and Juliana Davison JUN 1985 Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOCD, L.I., N.Y. 11c:J'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June 3, 1985 Southold Town Planning Town Hall Southold, NY 11971 Board Re: Appeal No. 3254 Eugene Davison Application Filed 6/1/84, Amended 5/28/85 Dear Benny: This is just a reminder to let you know Mr. Davison's matter has been advertised for public hearing to be held June 13th concerning the four-lot division located at the South Side of Sound Avenue, Mattituck, New York. It is our understanding that this matter has been reviewed and inspected, hoWever, our file lacks any correspondence from you. May we have your input for our June 13th hearing? Yours very truly, GERARD P. GOEHRINGER walski P.S. Our file indicates the proposed subdivision map as amended and received May 28, 1985, copies of which we understand have been furnished for your file as well as the executed Covenants and Restrictions dated May 24, 1985. Southold Town Board of Appeals ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3254 Application Dated June 1, ]984 TO: Mr. Eugene Dav~s0n P.O. Box 248-A, RD #] 4300 Sound Avenue Mattituck, NY ]]952 (Amended 5/28/85) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on June 13, 1985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section EX] Request for Variance to the Zoning Ordinance Article III , Section ]00-3] (]06-]3) [ ] Request for Application for EUGENE DAVISON, 4300 Sound Avenue, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of lots of insufficient area and lot width in this proposed division of land (106-13) located at the South Side of Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-121-3-5, containing 12.6+ acres. WHEREAS, a public hearing was held and concluded on June 13, 1985 in the Matter of the Application of EUGENE DAVISON, Appeal No. 3254, at which no objections were received for the record; and WHEREAS, the board members have considered all testimony and documentation entered into the record in this matter; and WHEREAS, in requesting input from the Planning Board concern- ing the most recently revised subdivision map, it was the consensus of the Planning Board not to comment pending Z.B.A. determination; and WHEREAS, the board made the following findings of fact: 1. The property in question is located at the South Side of Sound Avenue, Mattituck, NY with a total acreage of 12.6372 acres and frontage (lot width) along Sound Avenue of 840.88 feet and is located in an "A-80" Residential and Agricultural Zoning District; 2. By this application, appellant proposes a division of the entire 12.6372 acres into four lots with existing structures, as shown on the amended site plan received May 28, 1985 and prepared by Roderick VanTuyl, P.C. October 22, 1984, and as follows: (1) Lot #1 with an existing single-family, two-story ~ frame dwelling and having an area of 40,000 sq. ft., lot width of 280 feet, and lot depth of 156 feet; (2) Lot #2 with an existing single-family dwelling and accessory garage and having an area of 40,000 sq. ft. (inclusive of a 25' access strip from Sound Avenue); (3) Lot #3 of 48,000 sq. ft. with 121.20' lot width along Sound Avenue and an existing single-family, 1½-story frame house; (4) Lot #4 of 9.8± acres containing only an existing horse stable [which is presently without habitable residential quarters]. Article III, Section lO0-31, Bulk Schedule of the Zoning (CONTINUED ON PAGE TWO) DATED: June 21, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOW~N ZONING BOARD OF APPEALS Page 2 - Appeal No. 3254 Matter of EUGENE DAVISON Decision Rendered June 13, 1985 Code requires a minimum of 80,000 sq. ft. in area, 175 foot lot width, and 250' lot depth. 4. In viewing the property in question and the placement of the three nonconforming dwelling structures and accessory buildings, it is the opinion of the board that this is plan as amended is the most feasible plan for the applicant to pursue. 5. Applicant has submitted a Declaration of Covenants and Restrictions in legal, recordable form restricting Lot No. 2 to any further subdivision in perpetuity, and the original of which is subsequently herewith to be filed with the Suffolk County Clerk's Office. In considering this appeal, the board has found: (1) that the circumstances of this appeal are unique and therefore in view of the manner in which the difficulties arose, another method for the applicant to pursue other than a variance is not feasible; (2) that there will be no effect, if the variance is allowed, of the increased population density thus produced on available governmental facilities; (3) that there will be no substantial change to adjoining properties; (4) that in view of the manner in which the difficulties arose, the interests of justice will be served by allowing the variance applied, as noted below. Accordingly, on motion by Mr. Sawicki, seconded by Mr. Douglass, it was RESOLVED, to grant the relief requested under Appeal No. 3254 as shown on plan dated October 22, 1984 (received May 28, 1985) for approval of: (1) Lot #1 of 40,000 sq. ft. in area, 280 feet of lot width, and~156 of lot depth; (2) Lot #2 of 40,000 sq. ft. in area (inclusive of 25' access strip from Sound Avenue; (3) Lot #3 of 48,000 sq. ft., 121.20' lot width and 250' lot depth; (Lot #4 does not require variance relief at this time), SUBJECT TO THE FOLLOWING CONDITIONS: 1. If and when stable is converted to a single-family residential use as may be permitted by the zoning and fire codes, the structure must comply with requirements under the "A-80" section of the zoning Bulk and.Parking Schedule; 2. Planning Board approval. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk GERARD P. GOEHRINGER,/~YHAIRMAN June 21, 1985 / T LD 8outhold, N.Y. 11971 (516) 765-1938 June 13, 1985 Mr. Eugene Davison RD 1, P.O, Box 248A Mattituck, NY 11952 Re: Subdivision application "Strawberry Fields" Dear Mr. Davison: The Southold Town Planning Board reviewed the above mentioned application at the regular meeting of June 10, 1985. It was the consensus of the Board to await the determination of the Zoning Board of Appeals regarding your variance application prior to any further review or action. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI , JR. , f/~AIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Board of Appeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO: Southold Town Planning Board FROM: Z.B.A. DATE: February 24, 1984 SUBJECT: Premises of Eugene Davison 12.6-acre Parcel, South Side Sound Avenue, 1000-121-3-5 Mattituck Mr. Eugene Davison has recently applied to our board for a variance to the zoning ordinance for permission to establish an apartment on the second floor of an existing stable (copy attached). It appears there may be a subdivision pending before you concern- ing this property and ask that copies of future correspondence be provided for our files. We have temporarily held the variance application in abeyance pending the outcome of the application before you. Yours very truly, APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROA(::)- STATE; ROAD 25 SOUTHOLD, L.I., N.Y. TELEPHONE (516) 765-1809 February 24, 1984 Mr. Eugene Davison Sound Avenue Mattituck, NY 11952 Re: Appeal No. 3216 Variance for Additional Dwelling Unit Dear Mr. Davison: At a Special Meeting of the Board of Appeals held on Saturday, February ll, 1984, the following action was taken concerning your recent application for a variance: RESOLVED, that Appeal No. 3216, application of EUGENE DAVISON for a Variance for permission to build additional living quarters (second-floor of stable) on this 12.6372-acre parcel located at the south side of Sound Avenue, Mattituck, BE AND HEREBY IS HELD TEMPORARILY IN ABEYANCE, pending receipt of comments or recommendations from the Southold Town Planning Board concerning the pending subdivision application. This resolution was unanimously adopted. Please keep us advised regarding developments with the Planning Board. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN cc: Planning Board By Linda Kowalski Building Department ?° f 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 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...~...~.. :... !...~..~..~...~.'~. .... .~....~'...T...O...~.../~.~... . ................................ ff../.e.(..7...'...g. 3.. 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) The land is held by the applicant under deeds recorded in Suffolk Count)' Clerk's office as follows: 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 ~ 5. The area of the land is ..... ~.... I..~.,. acres. 6. All taxes which are liens on the land at the date hereof have been paid except . .~..O..~tz..~.~... 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 recorded in Liber .............. Page ................ iix original amount of .............. unpaid amount $ ...................... held by ...................... ...................... address ......................................................... 8. There are no other encumbrances or liens against the land except 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept. ~O - ~.The applicant shall at his expense install ail required public improvements. 12. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ~O ~ /a~. Water mains will be laid by ~ and (a) (no) charge will be made for installing said mains. ~. Electric lines and standards ,vill be installed by ~ ..................................... and (a) (no) charge will be made for installing said lines. 1,5. Gas mains will be installed by / and (a) (no) charge will be made for installing said mains. 36VIf 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. -- .~37. 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. ~ .~38~T~ere are no existing buildings or structures on the land which are not located and shown on the plat. ~5~):~re the plat }hows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant ~vill offer proof of title as required by Sec. 335 of the Real Property Law. /2A~ Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". applicantestimates that the cost of grading required public improvements and will be $ .......... 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 licensed surety company unless otherwise shown on Schedule "F". DATE ............................... 19 .................................................... (Name of Applicant) STATE OF NEW YORK, COUNTY OF ...~...w..~. ~.--.{. U.~ ................ ss: On the ..... .~. .......... day of....~... ~Y'3 r ................. 19 ....... before me pe sonally came .... .~.~..~...~'~i~..... )~.l..'~'..'~. ........ to me kno~vn to be the individual described in and who executed the foregoing instrument, and acknowledged that ....~...~ .... executed the same. STATE OF NEW YORK, COUNTY OF ............................ ss: On the ................ day ............ of ............... 19 ....... before me personally came ......................... to me known, who being by me duly sworn did de- pose and say that ............ resides at No ..................................................... ............................... that .......................... is the .......... the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corporation, aml that ............ signed .............. name thereto by like order. Notary Public Southold Town Planning Board Town Hall Southold, New York 11971 Re: 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, HENRY E. RA¥:;OR..Ir.. Chairman FREDERICK E. GORDON JAMES :V^LL BENNETT ORLO;~SKI. Jr. GEORGE RiTCIiIE LATHAM. J~. TELEPHONE . :765-1938 MINOR SUBDIVISION REQUIRED DOCU~MTS Sketch map - ---~~s Scale 1" = lb0' Key mae v,i.~?~erAy l~cation and distance to nearest ~,, Name o£ ovmer and adjoining o~,mers ounty tax map n~mbers / 000 1~1¥ ' Fee at 825 per lot '.... o~?¢,.~u.~.~: ~ t · .... .... . I£ within 500 ~eet o£ the bay, sound or estuary thereof or county or state road, letter regarding drainage, g~ading and.road construction -. ~her~ Env-~~__~ssessment Form ~.~e~ o£ proparty ROBERT W. TASKER Town Attorney OCT 1 ? REC'I OFFI RNEY 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 TELEPHONE (516) 477-1400 October 14, 1983 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Dear Henry: In your letter to me dated September 13, 1983, you requested my advice on the following, to wit: 1. How should the Planning Board proceed with applications for a one- acre set off? What procedures should the Planning Board follow, if any, when lots on an approved subdivision map have become merged and the owner wishes to separate the merged lots? As to question 1, the Planning Board would proceed in the same manner as in the past. This, of course, assumes that the lot to be set off and the remaining land are zoned one acre under any one of the several exceptions to the two-acre requirements of Local Law No. 7. If either the lot to be set off and/or the remaining land do not meet the zoning requirements then, in effect, any action of the Planning Board should be made subject to an area variance being granted by the Board of Appeals. The answer to the second question is difficult to answer without knowing the facts in each case. The answers involved will vary depending on the factual situation in each case. I would suggest that you grant me an opportunity to appear before the Planning Board to discuss this issue in detail as it may apply to different factual situations. If the Board will set aside some time at its next meeting, I will be happy to attend. Yours very truly, ROBERT W. TASKER RWT :aa Southold, N.Y. 11971 (516) 765-1938 April 19, 1984 Mr. Eugene Davison RD #1, BOX 248A Mattituck, NY 11952 Re: Set-off Mattituck Dear Mr. Davison: The Southold Town Planning Board will make a field inspection of your proposed set-off located at Mattituck. However, it was noted that since your set-off contains 1 acre, it is considered an undersized lot. Therefore, it will be necessary for you to apply to the Board of Appeals for a variance. I have enclosed the procedures for this. Please note on the list that item No. 2 has already been done. If you have any questions, please contact this office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN ~OUTHOLD TOW~N PLANNING BOARD By Di~e M. Sch~ltz~Secretary enc. cc: Zoning Board of Appeals RODERICK VAN TUYL (L.S.) COLIN VAN TUYL RODERIOK VAN TUYL, Licensed Land Surveyors FRONT STREET AT MAIN GREENPORT, NEW YORK 11944 (516) 477~3170 ! .g @84 OTTO W. VAN TUYL Professional Engineer (Retired) J~ly 19, 1984 Southold Town Planning Board Town Hall Southold, NY 11971 Re: D~vison subdiv., Mattituck Gentlemen: '. Pursuant to your request for determination, of "lot yield" on the "Davison" subdivision at Mattituck, we submit the following: Tot'al Area: Less 80% Ratio of cctu~l acre~=7=~ 'zoning acres 80000 12.637 acres x .80 10.109 ~=~ lots We therefore assume that the property could yield~lots. Yours truly, Roderick Van Tuyl, PC ~'f' ,b4AP IVhNOI2.. ~DU~VEYI~D FOI~. F.~ 4: J'UL~Ar-~A DAVI SON I~AT t ITL~C,K Town of .~OUT~O,-P, FILE 1t0.1555-N-1':'85;' 32 SUFFOLK CO. PLANNING DER SUB,D REVIBN SECTION JULY 2% 1985 BY: T.D.B. This proposed plat is not within the Jurisdictio~ of the Suffolk County X V tO ~. .~0~ JP-O 46. RECEIVED By DATE I~-.1~ ¥ .MAF~ {5C. ~00'= I" \ \ r/ Q f SURVEYED F MATTITIJCK DAv t SON TOWN OF ~OUTHOLI~ ~ ~,,~.Y. V E. N LI"'E / 0 :J ,( AP, AENJDF__.D AM~ lY,,Ic]8.., ,,}itL'",'