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HomeMy WebLinkAbout1000-25.-2-13MAJOR SUBDIVISION 1. 12 copies sketch plan received road profiles / 5 ft. contours 200 ft. outside proposed drainage/V~ park and playground /VO AffidaVit of ownership /¥ ~ 2. Meet with Planning Board 3. Required changes sent in writing 4. New submission received 5. Approval of site plan 6. Letter sent with resolution approving PRELIMINARY PLAT 1. Application in duplicate to Town Clerk Fee ($50 plus $5 an acre or part thereof~/~. Inspection fee (4% of approved performance bond) 12 paper prints to Town Clerk Description of property 2. Superintendent of Highways review 3. Meeting with developer 4. Public Hearing (within 45 days) Advertised Affidavits of publication received 5. Planning Board action (within 45 days) 6. Copy of action sent to developer (within 5 days) 7. Sent to County Planning Department Received County's recommendations J. MOOR-JANKOWSKI, M.D. 431 EAST 85~ STREET NJ~V YORK, N, Y. 10028 RESEARCH PROFESSOR NEW YORK UNIVERSITY SCHOOL OF MEDICINE (212J 679-8884 DIRECTOR L~BORATORY FOR EXPERIMENTAL MEDICINE AND SURGERY IN PRIMATES (LEMSIP) 9th February, 1979 Mr. John Wickham - Chairman Planning Board of Southold Township Main Road Cutchogue, L.I., N.Y. 11935 Dear Mr. Wickham: I have been abroad most of last sumner and the autumn for my work on behalf of the Department of Health, Education and Welfare and I found only now that my lawyer failed to send to Mr. Schriver a letter of my intent to purchase the land on which he again tries to obtain a permit for a road opening to Village Lane. As I have told you in our discussions, this was my intent and I regret that it was not carried out by the lawyer. I am enclosing copy of my letter to Mr. Schriver in that matter. Thank you for your consideration. ~Yours ve~r~incerely, ~ Moor-J~n~owski, M.D. J. MOOR-JANKOWSKI, M,D. 431 EAST 851~ STREET NEW YORK, N. Y. ~0028 DIRECTOR LABORATORY FOR EXPERIMENTAL MEDICINE AND SURGERY IN PRI~*TES (LEMSIP) 9th February, 1979 Mr. William Schriver Orient, Long Island, N.Y. 11957 Dear Mr. Schriver: I understand that you have again submitted to the Township your plans for opening onto Village Lane your development behind our property. In order to avoid any hardship to you in the use of the part of the property you now appear to intend for the road to Village Lane, I am offering to purchase from you the strip of land between our property and that of the next pro- perty to the north (formerly Ross Norklun). I offer you for the property the same price pro rated per square foot as we have recently paid you for the L-shaped piece of land to the north and east of our land. Yours very sincerely, J. Moor-Jankowski, M.D. MAbCIA Z. H EFTER CMARLES R. CUDD¥ STEPHEN R. ANGEL TooKeR, ESSEK$, HEFTER, CUDDY ~ ANGEL COUNSELORS AT LAW 108 EAST MAIN STREET P. O. Sox 279 f~verheao, N.Y. HgoI January 11, 1979 TELEPHONE Planning Board of the Town of Southold Main Road Southold, New York 11971 Attention: Mr. Henry Raynor Re: Subdivision Map - Oyster Pond Village William and Barbara Schriever Dear Mr. Raynor: Confirming our telephone conversation concerning the Environmental Conservation Law and SEQR, it would appear to me that although the above application has been pending for some time that in view of the ambiguities in the law and the regulations promulgated by the New York State Department of Environmental Conservation that some statement should be included in any resolution granting pre- liminary approval indicating that the environmental significance of the subdivision has been considered. As related to you it is my belief that the above subdivision is not the type that would have a significant impact and that, under the Department of Environmental Conservation regulations, it is an unlisted action (see, 6 N.Y.C.R.R. 617.12 and 617.13). Under this circimstance I believe it would be appropriate if the Board included a determination in its resolution that indicated the Board had compared the criteria listed at 6 N.Y.C.R.R. 616.11(a) against the impacts which may be reasonably expected from the subdivision map of Oyster Pond Village and had concluded that said subdivision is not likely to have a significant impact on the environment. Please advise if there are any further questions as to environ- mental considerations. Very Truly yours, Charles R. Cuddy CRC: MGS June 15, 1978 ~3oard~of Appeals Town Hall ~5outhold, New York 1].971 Ge ntlemen: I<~. regard to the l~ioor-Jankowski petition, please be advised ti~t the Pluming Board requested the former owner of this property, William Schriever, to dispose of this and other odd-shaped pieces of property as part of his subdivision preliminary negotiations. In addition, the Southold Town Board suggested to Mr. Schriever that he likewise divest himself 0f these small parcels. It is for this reason that this petition comes before you. It is the feeling of the Planning Board that this is a reasonable solution. Yours truly, John Wickham, Chairman Southold Town Planning Board ~W/mb J. MOOR-JANKOWSKI, M.D. 431 EAST 85TH STREET NEW YORK, N. Y, 10028 RESEARCH PROFESSOR NEW YORK UNIVERSITY SCHOOL OF MEDICINE (212) 679-8884 26th May, 1978 DIRECTOR LABORATORY FOR EXPERIMENTAL MEDICINE AND SURGERY IN PRIMATES (LEMSIP) Mr. John Wickham - Chairman Southold Town Planning Board Southold, N.Y. Dear Mr. Wickham: My wife and I have purchased two parcels of land neighbouring our property on Village Lane, Orient from Mr. William Schriever. We did so mainly to protect our house previously situated on a very small lot and which was surrounded by Mr. Schriever's property on all three sides resulting in considerable problems. Moreover, our cesspool was located outside of our property on the northern strip purchased from Mr. Schriever, so that I had no choice but to purchase this land. Mr. Schriever required that I purchase both the northwest "L" and the southern 104.04 feet x 175.24 feet parcel which had historically been a separate building lot located on Village Lane. I could not purchase the northwestern "L" without purchasing the southern parcel. While the "L" has been purchased jointly by my wife and myself, the southern parcel continues to have separate ownership being purchased by my wife Catherine in her own name. The purchase of the northwestern "L" has considerably increased the size of our present house lot which previously was smaller than the southern lot now owned by my wife Catherine. The cost of the purchase of the northwestern "L" and the southern parcel was $15,000. I was informed by the local real estate agent, Mr. Floyd F. King, Jr. that this entire purchase would increase the total value of our holdings on Village Lane by only $2,000. However, if the southern lot could continue to be listed as a separate building lot the total value of the purchase would amount to $12,000 thus reducing the loss which I incurred by the purchase of both lots. I enclose a statement to this effect by Mr. King of 16 May, 1978. I would greatly appreciate your support of my request submitted to the Board of Appeals, to allow my wife Catherine a variance on the southern parcel. We would especially appreciate if you could recommend in our favor to the Board of Appeals. ~ ~s v~e~ si6/~lrelyA /~. J: 4oor-Jankowsk~ M.D. FLOYD F. KING JR. 22420 MA~N ROAD. ORIENT, L I.,N Y 11957 Off~ (5161 323-2570 -- Res: {516~ 323-2413 AS$OClATES MAR~LYN P, NORKELUN 323-3649 WILMA HO~=~:M E[STER 76~-5532 May 16, 1978 Dr. Jan Moor-Jankowski 431 East 85th. Street New York, N.Y. 10028 Dear Dr. Moor-Jankowski, In response to your request of the change of value to your property on Village Lane, Orient, as a result of your recent purchase from William Schriever, I submit the following: The additional property to the north east and south added to your original parcel would increase the value of your total holdings on Village Lane about $2,000. If the additional property purchased north and east were added to your previous parcel there would be no si.g~ificant increase in the value of this property. However, if the parcel to the south could be established as a building lot, it would have a value of about $12,000. It is my understanding that this information is to be used in your application to the Southold Town Board of Appeals to divide the above property. Very truly yours, Flo~d F. King, Jr. 't (5 CASE NO: ....................... STATE OF NEW YORK PETITION TOWN OF SOUTHOLD IN THE MATTER OF THE PETITION OF FOR A CHA.NGE, MODIFICATION OR AMENDMENT OF THE BUILDING ZONE ORDIN- ANCE OF THE TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK. TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD: 1. I ..... ~...l..1..1..t....aE...~.:...S..c..h.r..i..e..y..e~ ..................... , residing at .....~...i..n.....R..o..a..d.,....O...r..i..e..n.~., ................ (trisert name of petitioner) Suffolk County, New York, the undersigned, am the owner of certain real property situated at ............. ..O~...t.~.n..~.~....N..:....Y.: ...................... and more particularly bounded and described as follows: BEGINNING at a point on the westerly line of Tabor Road, said point of beginning being 437.59 feet south along said westerly line of Tabor Road from its inter- sectton with the southerly line of Main Road; proceeding along said westerly line of Tabor Road the following two courses: (1) South 0 degrees 38 minutes East 334.10 feet, and (2) South 8 degrees 06 minutes 30 seconds East 104.76 feet; thence along other lands of the petitioner the following three courses: (1) South 82 degrees 32 minutes 20 seconds West 233.57 feet, (2) North 0 degrees 38 minutes West 459.74 feet, and (3) North 87 degrees 47 minutes 30 seconds East 218.37 feet to the westerly line of Tabor Road and the point or place of BEGINNING, containing 2.27 acres, together with such other land of the petitioner to the west of the westerly line of the above described parcel as it may be determined lies within the bounds of the "B", Light Business District. 2. I do hereby petition the Town Board of the Town of Southold to change, modify and amend the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, including the Building Zone Maps heretofore made a part thereof, as follows: To change the zoning of the above described property from "B", Light Business District to "A", Residential and Agricultural District. Note: It is the Intention of the petitioner and his wife to retain for now the "B", Light Business Dtstrict for the property now occupied by the Schrtever Construction Co., Inc. and a one-acre parcel Just south of that property. It is our intention to merge these parcels so that no retail business develop- ment can occur in the future. Our petition to achieve this result by zoning them "C", Light Industrial District was recently denied, but our intentions remain unchanged. Such request is made for the following reasons: (a) Said property ts not marketable as presently zoned because it is insufficient in area to develop the traffic required for retail businesses. (b) Petitioner attempted to extend "B" Light Business District to include adjoining property along Tabor Road so that property would be marketable and petition was denied by the Town Board. (c) Petitioner has explored downzonlng property to"C", Light Industrial District which would neither create nor depend on traffic and petition was denied. (d) Petitioner has offered to donate property to Town to widen Tabor Road to accomodate the traffic which would be generated by retail business use and the Town Board refused the offer. (e) Petitioner now wishes to develop all of the surrounding property in a residential subdivision and the existence of a "B" Light Business District within this subdivision will detract substantially from the value of many of the lots, particularly those facing the business district on'Tabor Road. (f) Petitioner ts unable to include this property within the residential subdivision without some relief from the limitation imposed by Local Law No. 5-1976. STATE OF NEW YORK, COUNTY OF SUFFOLK, ..... · W.!,1.1-t.qm..~l.'..S*c- .hy.t.~.Y.~Y .................. BEING DULY SWORN, deposes and says that he is the petitioner in the within action; that he has read the foregoing' Petition and knows the contents thereof; that the same is true to his (her) own knoxvledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. Sworn to before me this.. ){.~Yd~y of ....... . t ¢.'~*~ ......... 197.?.. · .k-)--~. ~x,~. ¢~...,~. 7/,7' "'- &,iL .~:M.. ;.. / x Notar Public. %.: w~ Munn L May 18, 1978 Mr. George Fisher SentorBuildlng Inspector Town Hall Southold, New York 11971 Dear Mr. Fisher: The following action was taken by the Southold Town Planning Board at a regular meeting held May 15, 1978. RESOLVED to instruct the building imspector that the purchase by Dr. Jan Moor-Jankowski of land south and behind his property on Village Lane, Orient, from Mr. William Schriever has been approved by the Planning Board. Yours truly, Muriel Brush, Secretary Southold Town Planning Board tK JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 April 17, 1978 Southold Town Planning Board Southold, New York Gentlemen: At a regular meeting of the Southold Town Board held on April 11, 1978, a resolution was adopted approving the cluster concept on the property of Barbara Schriever on the east side of Tabor Road, Orient, and the property of William Schriever on the west side of Tabor Road, Orient. Very truly yours, Judith T. Terry Town Clerk JOHN WICKHAM, Chairman FRANK S. COYLE HENRY E. RAYNOR, Jr. FREDERICK E. GORDON JAMES WALL Southold, N.Y. 1197! February 28, 1978 TELEPHONE 765- 1938 Highway Committee Supt. of Highways Town Engineers Gentlemen: Mr. William Schriever has requested a meeting with the Town Highway Committee and the Supt. of Highways regarding the town sump located on Tabor Road in Orient. I enclose two pages of a letter he wrote to the Planning Board explaining the situation. Please let me know when you are available to meet with Mr. Schriever and I will let him know. Yours truly, Southold Town Planning Board Enclosure ~OHN WICKHAM, Chairman FRANK S. COYLE HENRY E. RAYNOR, Jr. FREDERICK E. GORDON JAMES WALL Southold, N.Y. 11971 February 28, 1978 TELEPHONE 765-1938 Charles Cuddy, Esq. 108 East Main Street Riverhead, New York 11901 Re: Schriever Dear Mr. Cuddy: The following action was taken by the Southold Town Planning Board at a regular meeting held February 14, 1978. RESOLVED to refer to the Town Board for its action as to whether it can be developed in the cluster concept the property of Barbara Schriever on the east side of Tabor Road. This property will be incorporated with the property of William Schriever on the west side of Tabor Road. I have referred the matter to the Town Board for its determination and expect some action will be taken at its next regular meeting on March 14. Yours truly, Muriel Brush, Secretary Southold Town Planning Board TOOKEIR, EsseK$, HeFTEr, CUDDY & TOHILL COUNSELORS AT LAW February 15, 1978 Ms. Muriel Brush Southold Town Planning Board Main Road Southold, New York Re: William Schriever & Barbara Schriever - Subdivision Dear Ms. Brush: Enclosed herewith is a letter requesting that the parcel owned by Barbara Schriever be granted approval for clustering. Mr. Schriever will deliver to you both a copy of the surve~ of the property as well as a description. Kindly forward all of the documents to the Town Board so that their approval may be secured. Very ~uly yours Charles R. Cuddy CRC/ec enc. *We are enclosing a copy of the description. TOOKER, ESSEKS, HEFTeR, CUDDY & TOHILL COUNSELORS AT LAW IO8 EAST MAIN STREET P O. BOX 279 RIVERHEAD, N.Y. 11901 February 15, 1978 Southold Town Planning Board Main Road Southold, New York Re: William Schriever & Barbara Schriever Subdivision Gentlemen: Attached hereto is a survey of land owned by Barbara Schriever located on the east side of Tabor Road, Orient, New York, containing approximately nine acres. Also annexed hereto is a metes and bounds description of the parcel. Mrs. Schr±ever proposes to subdivide this parcel in accordance with Section 100-136 of the Southold Code which permits clustering. With the exception of the shaded area, which Mrs. Schriever proposes to convey directly to adjoining lot owners, the entire parcel is to be subdivided in accordance with the cluster provisiom of the Southold Code. On Mrs. Schriever's behalf we ask that you forward this request to the Town Board and that the board consider the location of this parcel and approve the parcel for inclusion in a cluster subdivision. Please forward the Town Board's determination to us so that we may proceed with the subdivision plan. Thank you. CRC/ec eric. Very truly yours, Charles R. Cuddy DESCRIPTION OF SUBDIVISION - EAST PARCEL BEGINNING at the point of intersection of the southerly line of Main Road with the easterly line of Tabor Road; proceeding along said southerly line of Main Road North 80 degrees 31 minutes 30 seconds East 226.00 feet to land of Ferretra; thence along said land of Ferretra and other land of Schrtever the following two courses: (1) South 9 degrees 28 minutes 30 seconds East 169.30 feet, and (2) North 87 degrees 47 minutes 30 seconds East 224.52 feet to land of Terry; thence along said land of Terry South 21 degrees 20 minutes O0 seconds East 606.13 feet to the northerly line of Orient Central Cemetery; thence along said northerly line of Orient Central Cemetery the following two courses: (1) South 82 degrees 48 minutes 20 seconds West 164.93 feet, and (2) South 83 degrees 03 minutes 50 seconds West 519.10 feet to the easterly line of Tabor Road; thence along said easterly line of Tabor Road the following two courses: (1) North 0 degrees 38 minutes 00 seconds West 652.77 feet, and (2) North 4 degrees 39 minutes O0 seconds West 116.75 feet to the southerly line of Math Road and the potnt or place of BEGINNING, containing 8.8050 acres. Southold Town Planning Board Town Hall Southold, N. Y. 11971 January 25, 1978 Gentlemen: With this letter I am submitting a sketch plan of the proposed development of two parcels of property along Tabor Road in Ortent. The parcel on the east side of Tabor Road is owned by my wife, Barbara Schrtever, and the parcel on the west side of Tabor Road is owned by me. Attached to this letter are descriptions of these two parcels which exclude certain pieces whlch ara not part of the subdivision as proposed. This sketch plan conforms in general design with that shown to the Planning Board at Its last meeting with two exceptions. I have provtded a 30 foot ROW to provide better access to the open space on the east parcel from the rsmalnder of the subdivision. And I have added a nl~teenth lot just south of our shop property which breaks up what would have otherwise been a very large lot on the corner. In the destgn the ROW crossing Tabor Road was made to align which provided certatn constraints on the design whtch have been accomodatad. Also I have swung the north-south ROW CCW to make it parallel with Tabor Road. This avoids the excessively deep lots on the south end and adds about 10 feet to the width of every lot along the proposed subdivision road -- a great improvement. The area south of our shop property and the area south of the three lots on the Main Road adjoining the east parcel have been adjusted to the maximum permitted within the constraints of the ROW design and still leave 950,000 square feet in the subdivlsion so that 19 lots are permitted. Also the whole subdivision layout had to be revtsed because the altgru~ent at the intersection of the new roads with Tabor Road was originally designed for the 70 foot ROW for Tabor Road. This small correction was made and then everything was adjusted to conform. That explains the changes in the radii of curvature, etc. The dimensions and areas given are accurate for the plan as proposed and their sums give almost perfect agreement with the total area of the subdivision, certainly well within the accuracy of the survey. A summary of the areas involved ts shown on the map and colors are used to make the plan as visible as possible considering the background of trash on the map. -1- South Town Planning Board January 25, 1978 When we met with you at your last me,ting, there were certain questions raised by you and by us as to the legal requirements that we had to meet on this subdivision, in addition, I have approached Mr. Ray Dean, Supt. of Highways, concerning an appropriate layout for the road drainage which will preserve an adequate amount of land for this purpose and still permit an attractive design for the area. Together, these provide the following items for consideration by you and by the Superintendent of Highways: (1) We have asked that these two parcels be considered as one subdivision for the following reasons: (a) The paperwork for everybody would be cut tn half and we would all save time. (b) By considering the two parcels as one subdivision, we will be tn a position to form one Home Owners Association and the recreational facilities will be much more practical with the larger membership. For the first time such facilities as a tennis court and a swimming pool seem quite feasible. That should result tn a much more attractive development. (c) Much more efficient use of the existing road frontage ts possible since extra area available on the east parcel can be used to provide bigger lots on the west parcel. (d) A larger parcel of open space can be preserved on the east parcel thus protecting the cemetery from adjacent homes to a large degree, and particularly In the active area of the cemetery. The alternative would be a much smaller open space on the east parcel and additional open space on the west parcel, probably near the sump that ts there now. This wastes road frontage and has no benefit for the lot owners. (e) We believe that this subdivision would meet the requirement for unified control without any further action. Certainly a partnership would be unified control and we seem to meet that standard. -2- Southold Town Planning Board January 25, 1978 (2) We have asked that those parcels of my property which were removed from the subdivision by the Town Board remain outside, and that about an acre south of our shop which is now zon~business be permitted to remain outside the subdivision. Also we wish to remove a small parcel back of the three house lots on the Main Road adjoining the east parcel so that we can honor a request by Mr. Tony Gloria for additional property south of his garage shed. Included tn these parcels are two and perhaps more house lots depending on how things work out on Village Lane around Dr. Moor-Jankowskt's property. We have taken no credit for any of these parcels tn the required area of the subdivision nor will their use be restricted by any open space requirement under the settlement we made with the Town Board. We believe that they will be of ~uch more benefit attached to the adjoining properties than added as a useless part of the subdivision. (3) We have asked that this subdivisIon be permitted to tnclude property on the west side of Tabor Road now zoned Light Business. We believe that this business property would never be saleable under its present zoning since the proposed business district was denied by the Town Board. We have applied for Light Industrial zontng In the area and been dented, though thts property might find a market eventually in that zoning since it doesn't requtre trafftc to make it practical. But it does fit tn w&ll with the proposed subdivision as residential property, not only being saleable tn tts own right but adding to the value of theadJotning lots. We would like to apply for a variance to use this bustness property as residential because to change the zoning would take at least slx months and perhaps a year to achieve. We are satisfied that there is no opposition to making this varlance and ask that we be permitted to continue with the subdivision application while the variance application Is betng acted upon. We would agree to filing the variance application at the time the preliminary map ts filed. Once the subdivision is approved, any business zone would automatically become void under the cluster subdivision regulations. -3- Southold Town Planning Board January 25, 1978 (4) We have suggested, and this plan as proposed provides for, a 50 foot ROW north of Orient Central Cemetery which would be dedicated to the Town of Southold. Since the plan does not involve any house lots fronting on this 50 foot ROW, we do not plan to construct any road. We believe that this proposed road is desirable because it will allow for the proper development of the property now owned by Mr. William Y. Terry to the east and because it will act as a buffer between the development and the cemetery. It was our understanding that this offer was approved by the Board at the last meeting, though there didn't appear to be a formal acceptance. (5) We have proposed tn the plan as submitted that the subdivision road extend from Tabor Road through to Village Lane. Among the reasons that we feel this is appropriate and desirable are the following: (a) It conforms with the intent of Section A106-32 of the Southold Code. (b) It provides access to the existing business district of Orient including the postofftce for the potential 19 families of this subdivision and perhaps additional families to the east once that property is developed. Without this particular access, a short walk to the postoffice would become an automobile trip around by the Main Road and Orchard Street creating additional traffic on Village Lane in particular and working an unnecessary hardship on the families in this subdivision. (c) It provides for simpler maintenance of the road and the utilities, better emergency access, and ties this subdivision in with the rest of the village. (d) It is desired by the owners of the two corner lots which would be created, making these lots much more valuable and eliminating a possible additional house lot in the area. (e) It would provide parking off Vtllage Lane and thus improve traffic flow down Village Lane. This would benefit those lot owners on the west side of Village Lane near the new intersection, many of whom have extremely limited parking other than in the street. -4- Southold Town Board January 25, 1978 (6) We have requested of the Superintendent of Highways, Mr, Ray Dean, that we be permitted to replace the existing open sump on Tabor Road, half of which is on our property and which the Town Board gave us permission to fill in, with an underground drainage system. Also we have asked that the drainage which we must provtde for the new road be underground as well, eliminating open sumps in the area. We feel that these open sumps are extremely detrimental to the value of the lots in the area and maintenance is certain to be a terrible problem if the appearance of the subdivision ts to be maintained. I have discussed with Mr. Ray Dean the possibility of using the 30 foot ROW area for the underground drainage installation to avoid having to create additional areas Just for the drainage thus requiring further maintenance with no further benefit. These 30 foot ROW areas are for access to the open space areas only and no private property is served by them nor is any vehicle traffic intended except for maintenance equipment and emergency vehicles. We have discussed the question of ownership of these 30 Foot ROW areas between ourselves. I would like to see them owned by the Home Owners Association, the same as the open space areas to which they provide access, but that the Town be given an easement to maintain them for a drainage area as a part of the public roads. The reason that I would not like to see them actually owned by the Town ts that they would then become public and it might present a real problem to the Home Owners Association and its members since they couldn't control traffic on them. That would not only create a nuisance for the adjoining lot owners but it would make it much more difficult to prevent public use of the open space and such public use is prohibited by the Southold Code on cluster subdivisions. Placing the drainage In these 30 foot ROW areas would distribute the pollution of this surface water over a much larger area than would be possible with an open sump, thus reducing the possibility of causing serious damage to the ground water in the subdivision. And ownership by the Home Owners Association would guarantee adequate maintenance of the property without any expense to the Town. No paving of these areas is Contemplated so that maintenance of the drainage facilities would be inexpensive should tt ever be needed. -5- Southold Town Mlanntng Board January 25, 1978 (7) Depending on the outcome of Question No. (6) of this letter, there is the problem of dealing with the existing Town Stuup property. As shown on this plan, I have proposed two house lots, Lots 9 & 10, on a parcel including the sump area of 69,911 square feet. This would make lots of about 35,000 square feet each. Obviously lot area is no problem, but the frontage on Tabor Road for Lot 10 would be inadequate without including at least some of the Town property. We are asking that the Town provide us with the property it now owns in exchange for our providing the Town with equivalent drainage facilities. I have taken no credit for the existing Town property in the subdivision as far as determining the number of lots allowed. And I have made no precise subdivision into Lots 9 & 10 pending the resolution of this question. It should be pointed out that the total drainage area contained in the 30 foot ROW areas is essentially four times that of the existing Town property and is well located in relation to the lo~ areas along the roads. Obviously we cannot file our preliminary map until this matter is resolved. (8) I have always assumed that the "Open Space" of a cluster sub- division was available for recreational use by the members of the Home Owners Association and for that reason I can see no distinction between "Open Space" and "Park and Recreation Area". At the last meeting, one of your members made a comment about providing a recreation area. would appreciate a clarification of this remark. I should point out that the Southold Code prohibits the "Open Space" from being dedicated to public use. And to set aside a public recreation area as a part of this subdivision not only would not serve any purpose for the lot owners in the subdivision, but would simply detract from their present recreation area. As for the adjoining property owners, there~certainly more than adequate park areas readily available including a large school playground and a park maintained by the historical society. -6- Southold Town Planning Board January 25, 1978 The subdivision plan as submitted meets all of the requirements of the cluster subdivision regulations and the excess property not required for the subdivision is set aside to upgrade many of the adjoining lots around the subdivision, The 8.8050 acres east of Tabor Road would yield 7.6709 lots if that parcel were developed separately. Only 6 lots are planned, and the credit for 1.6709 lots is transferred to the parcel west of Tabor Road. The west parcel has 13.0042 acres and would yield 11.3292 lots under the cluster subdivision regulations tf developed separately. However, transferring the 1.6709 lot credit from the east parcel gives a total of 13.0001 iots for the west parcel, and more than adequate road frontage ts available to make the 13 lots. Another interesting measurement is to note that the lot areas plus the open space areas total 19.3567 acres or almost 89% of the subdivision area of 21.8092 acres and on the average each of the 19 lots represents 44,378 square feet of lot and open space area. This ts substantially more than the 40,000 square feet required by the Suffolk County Board of Health. And that does not reflect the addit~onal undeveloped area set as[de to upgrade the lots adjoining the subdivision. We believe this ts an unusually attractive plan Dot only for those who would purchase lots in the subdivision but also for those whose lots adjoin the subdivision. Eliminating the business area should remove any objections from the co~nunity. · Sincerely yours, William W. Schrtever -7- DESCRIPTION OF SUBDIVISION - WEST PARCEL BEGINNING at a point on the westerly line of Tabor Road, said point of beginning being North 1 degree 47 minutes 30 seconds East 253.24 feet from the intersection of said westerly line of Tabor Road with the north- erly line of Orchard Street; proceeding along other lands of Schriever a~d land of Rich South 87 degrees 47 minutes 30 seconds West 331.27 feet to land of Wysockt; thence along said land of Wysocki, other lands of Schrtever, and land of Vail North 85 degrees 57 minutes 10 seconds West 437.22 feet; thence along other land of Schriever and land of Horton North 70 degrees 06 minutes O0 seconds West 146.81 feet; thence along other land of Schrtever North 25 degrees 22 minutes 30 seconds East 170.03 feet to the northerly line of land of Kriptnski; thence along said land of Krtpinski North 68 degrees 26 minutes O0 seconds West 15.26 feet; thence along other land of Schrtever the following two courses: (1) North 26 degrees O9 minutes O0 seconds East 240.04 feet, and (2) North 63 degreas 51 minutes O0 seconds West 173.95 feet to a point on the easterly line of Village Lane, said point being North 26 degrees 18 minutes 50 seconds East 50.00 feet from the intersection of the northerly line of land of Moor-Jankowski with said easterly line of Village Lane; thence along said easterly line of Village Lane North 26 degrees 18 minutes 50 seconds East 50.00 feet; thence along other lands of Schriever the following two courses: (1) South 63 degrees 51 minutes O0 seconds East 173.81 feet, and (2) North 26 degrees O9 minutes O0 seconds East 438.97 feet to land of Tabor; thence along said land of Tabor North 88 degrees 20 minutes 40 seconds East 252.32 feet; thence along other land of Schrlever the following two courses: (1) South 0 degrees 38 minutes O0 seconds East 201.51 feet, and (2) North 87 degrees 47 minutes 30 seconds East 218.37 feet to the westerly line of Tabor Road; thence along said westerly line of Tabor Road the following two courses: (1) South O degrees 38 minutes O0 seconds East 334.10 feet, and (2) South 8 degrees 06 minutes 30 seconds East 154.76 feet to land of the Town of Southold; thence along said land of the Town of Southold the following three courses: (1) South 82 degrees 32 minutes 20 seconds West 100.00 feet, (2) South 8 degrees 06 minutes 30 seconds East 100.00 feet, and (3) North 82 degrees 32 minutes 20 seconds East 100.O0 feet to the westerly line of Tabor Road; thence along said westerly line of Tabor Road the following two courses: (I) South 8 degrees 06 minutes 30 seconds East 95.27 feet, and (2) South 1 degree 47 minutes 30 seconds West 15.31 feet to the point or place of BEGINNING, containing 13.O042 acres. DESCRIPTION OF SUBDIVISION - EAST PARCEL BEGINNING at the point of intersection of the southerly line of Main Road with the easterly line of Tabor Road; proceeding along said southerly line of Main Road North 80 degrees 31 minutes 30 seconds East 226.00 feet to land of Ferretra; thence along said land of Ferreira and other land of Schrtever the following two courses: (I) South 9 degrees 28 minutes 30 seconds East 169.30 feet, and (2) North 87 degrees 47 minutes 30 seconds East 224.52 feet to land of Terry; thence along said land of Terry South 21 degrees 20 minutes O0 seconds East 606.13 feet to the northerly line of Orient Central Cemetery; thence along said northerly line of Orient Central Cemetery the following two courses: South 82 degrees 48 minutes 20 seconds West 164.93 feet, and (2) South 83 degrees 03 minutes 50 seconds West 519.10 feet to the easterly line of Tabor Road; thence along said easterly line of Tabor Road the following two courses: (1) North 0 degrees 38 minutes 00 seconds West 652.77 feet, and (2) North 4 degrees 39 minutes O0 seconds West 116.75 feet to the southerly line of Main Road and the point or place of BEGINNING, containing 8.8050 acres. Southold Town Board Town Hall Southold, N. Y. 11971 December 21, 1977 Gentlemen: I have been advised by the Town Clerk that our application for the zoning of two parcels along Tabor Road from Residential to Light Business was dented by your Board yesterday. Also~ no actton was taken on the widening of Tabor Road. It ts our plan to develop this property in two residential subdfvisions~ as we have previously Indicated, and therefore tt ts essential to deterratne the boundaries of these parcels in order that we may proceed. Therefore~ we are withdrawing our offer to provide the property to widen Tabor Road and our offer to provide the property for a parking lot ontthe east side of Tabor Road. Our offer to provide the property for the construction of a pubI~c road along the north boundary of Orient Central Cemetery will be the subject of a discussion with the Planning Board at their next meettng on January 10. In preparing the map for the subdivision of the parcel east of Tabor Road we can either set astde the property for this road or we can include the property in the lots and open space, as desired. Since we don't expect to have any use for such a road tn the subdivision, we are not planning on constructing the road as a part of the subdivision. We would expect the Town to take title to the 50 foot right-of-way tf it ts set aside. We have no lnterest In thts decision except that tt be made promptly so that we may proceed with the filing of the subdivision map. The other difficulty we face ts the fact that half of the sump across the road from Orient Central Cemetery ts on our property. We are willing to exchange property with the Town so that the entire sump ts owned by _t__he To__wn. or the Town could move the sump on to Town property. Clearly the present situation creates a cloud on the title to the property. We would like to have this matter resolved as soon as possible so that our subdivision map can reflect whatever resolution is made. Southold Town Board (continued) December 21, 1977 Another decision which we are asking the Planning Board to make at their next meeting is to determine whether or not the proposed subdivision road west of Tabor Road is to extend through to Village Lane. Since there is to be Do business development alon~Tabor Road, we have no interest in extending this subdivision road tbroug~l~o Village Lane, but we have no objection to doing so either. In our previous subdivision application we were ordered to close off this proposed road within the subdivision. Now that there is no business in the area, the Town may wish the road to go on through. We feel that to confo~n with the rules for subdividing property in the Town we should provide for a through street. If we are asked to close off the road, we will do that using such a request to defend our failure to conform with the rules. Ail we ask is that this decision be made promptly so that we can proceed with the filing of the map. If, at the time it is necessary to proceed with the map, we have received no decision on these requests, we plan to file the map on the east parcel with no provision for the road on the north side of Orient Central Cemetery, and the map on the west parcel with the preposed new road terminating in a cul-de-sac within the subdivision. We assume that the Town will take appropriate action on the sump without further action on our part. I would be happy to meet with the Town Board to discuss these matters at your next meeting if you feel that would be helpful. ~S~c~erely yours, Wtlltam W. Schrtever SUPRE~ COU~T OF ?~ STATE OF N~Z YORE COUm~ OF SUFFOLK WILLIAN W. SCI~IEFER, Petitioner, : 'against- : TO~ OF SOUTHOLD PLANNING BOARO, Southold, : New York, and T0~ OF SOUT~LD ~ BOARD, Southold, Ne~ York, : ............... Respondents. : SIRS: NO~ICE O[ PLEASE TAKE NOTICE that upon the annexed verified on the 15th day of October, 197~, the undareigaed,~i.~ PUrSuant to Article 78 of the Civil Practice Law and RULES will make aPPlication to this Court, at a Special Term' I, to be held at the courthouse, Rlverheld, Ne~ York, ~h da7 of November, 197S, at 10:O0 o'=lock in the of tha~ day, or as soon thereafter as eounfel can be fo~ Judgment ~rantin; the relief demanded in dated September 23, 1975, and determinir~ that re To~n Board of the Tmm 'of Southold il without'juriS~iCt[ approve the Petitioner's cluster subdivision, and further directin~ the reepondent Planning BoardOf ~he Tmen to approve the cluster deVelopmen~ subdivlsiOn plan Of p' tinner, and for other f.r h,r re lef a. Just and proper. I'LF~SE ~'AIO~ FI~TI~R ~d eup~rting a~fidav$cs, pu~su~c co Section 78~ Y~ a~ d~reeced co file w~th -~lpt ot the record ~rela, ~hich I~ll inclu~ testimony, exhibits and all other pa~ra for consi~ration Suffolk ~unty is desig~ted the basis of t~ location of C~ principal offices of Cbs: reapon~nta. listed: October 15, 1975 Attorneys for the Peril Office and Post Orifice 1~ E~t ~in St~et P.O. a~ 2~ Riverhead, ~ York outhold, ~ York BOARD .sou a roes smRD ~ouc~old, l~eu York Petitioner, : -a~ainst.. Ork. and TOWN O~ ------ , $o~thold, $ouChold, ~ York, su~OLD TOWN BOARD, The Pet:~tion of W~LLIAM W. SC]~1'EVEH respec=fully alleges al follow,,= ~m ~ b---~,F-T~-: Th~ Planning Board of the Tmm of So~t ~a of five members ~Jl ' hold Y appointed by tho Tmm Board Of the Town o£ $outhold, Suffolk ~ouaty, New York. SECOND~ Th~ Tmm Board of the Tmm of $outhold, a duly elected governing body of the York, con~lsting of iix m~mberl. T~m of Southold, ~Ian: on or a boat the 27th day Pet~t~mmr P~rch&sed n Pares! of r~al pro--rt _ ~r, 1973e on the 26th ~-- -- - - ~ Y and there&fret ''Y v~ r~ru~ry, 1974, purchased a contiguous Parcel of r~al property, both of which parcels a , t~e Na~lot of Or.at, To~n o~ ' ....... re situate in York ..... =ournOld, Suffolk County , cancaln~ng aPprex/amCily 14 ac ~ res. The general.y bounded on ~he ~O--' - Property mC by Vil~-~- ·--- __ .:~ ~y proper~y of Tabor. on ~ - '"'e,- -ama, ~n Cne South bv O~c~--~ -- rna east by Tabor Road. . w,~-u ~creet and FOURTH: That Petitioner, as coatract vendee the aforesa/d parcels, on or about December 1973, a proposed subdivision sketch plan To the respondent Board o£ the To~n of Southold. SEVENTH: Thereaf. ter, at the Pla~ni~ Board's direction, the Petitioner requested a ~e~ing with the T~ BOard to dete~ ~ T~ ~d'$ a · PPr~cn to th EIGHTH: At the meeting with res and on January 22, 197~ -e .... P eat Toun Board tm, the easter1 bou of the cluster Subdiv Y ndary of a port~ teton, and rese d~rlaton amp and ~--- - P riced the proposed sub- of the To~n Board:~scuesea the same tn detail ~tth the mmbera~! FXFTH: Petitioner,s realt- consisted of eleven (11~ 1o-- -- f aevelopmeat plan was Pre~..e~ ._ - -- xn a e~ustar mtn the To~n of S , Sou~old on ~y 29, 1973. A copy of Sect~ 10~136 de~lo~n~) is a~ac~d ~re~o and mdc ~hibit A. . ~rt ~reof 197~, Petitioner~t uith the responden~ n~er of occu n~ ..~ ~_ . ~[~ Board on ~.._. . to__ ~ uy Aetter of Jan~rv ~=~cxo~r's attorney conf[~d to the -- subsets of w ~ ~A~i~ ~ard ~t tr spired at ~hese ~etin t~t letter is attached hereto ~d ~d- - Exhibit B. - ~tI~T~: The .~.. memoers of the T~.- ._ _ letter off - ...... --~ on :fiat B~rd. ~,,uary z~, 1974 ...... . further conf4~-~ -- pondent T~ Board and ~n Board ~.~ - ... o---~.~ oe~een 2 opy oE the let Exhibit D. ~ae a par~ hereof as ~-,, ooar~ and o~ ..... - g oard that t~- - subdivision ~ae acc------ - ,,e of Section 100-136 (cluett de. lo.nc) ---. cna of the ,--- ~din~ce, ~e~iCtoner submitted ~ha ~roposed subdivision Co the Suffolk Councy ~par~nt of ~alth. g~: T~t In eonnec~i~ ~th petitioner apiaries before the Sufffolk County ~r~nc of I ap~ as proposed by Pe~itioner. A~c~d hereto and ~de a parc hereof ~ Exhtbi~ E is a le~ter tr~ ~he ~tan ot[ t~ Sou~hold T~n Planning BO~d Co Aldo lndreoli, Chat~.o~ the ~Par~nt's Board o~1 ~H: Thereafter on Februa~ 8. 1974, aPPearing beffore t~ Suffffol'k County Dep~:~mt off ~ard of ~vie~, your ~:iei~er'a proposed subdivistoa gr.:ed approval by tha~ ~P~n:, A copy off said approval ~ at~ached hereto and ~de a part hereof as Exhibit F. ~ereaff~er ~ti~io~r P~eented the proposed subdivtsio~ ~p to t~ Suffolk ~unty ~ ar ~iro~ntal Control and _ _ P ~nt o~ ' Rtitioner ap~red . ~r~nt ~d ~ ....... bef~e submitted considerable data ~rom test wells at the pr~'! subdivision Sics, affidavits of proposed restrictive covenants, o~nershtp and a copy o£ FOURTEENTH: That throughout the latter peri 1971 end the winter and spring of 1975, the Department~ Environmental Control, through its agents, Conducted t Engineer indicati- ....... 7 om the -~ -~cepceble water the proposed subdivision FIFTEENTH: That petitioner was scheduled to appear before the Suffolk Ceunty $e~erAsency to obtain from that agency, which approval would include the a the Department of Enviromaental Control h is Prevented from ~----~ , o~ever, v~aAaLI~ Said approval bec use of the conduct of the respondent Boards. a SIXTEENTH: That on April 7, 1975, the petitio~i presented a formal preliminary subdivision plan to the Sou Town Planning Board, which plan did not vary from the sketch plan submitted and the concept and plan met wi~h one specific objection: The Plannin~ Board requested the Petitioner to eliminate the road opening at Village Lane include a cul de sac at that: point. SEVENTEENTH: In May 1975 petitioner Submitted Preliminary plan modified to include the cul de Sac and thereafter on July 7, 1975, a public hearing on the map was held. A copy of said preliminary plan is attached hereto and made a Part hereof as EXhibl~ ~. -4- EZGI~fEE~I1i: That at the public hearir~ Petitioner requested the Planning Board permit the road in the proposed subdivision to continue through to Village Lane and in order to further study thim matter the Plannim4; Board requested an extension from the normal forty-five (15) da lim vhich to mak 4.. = .... Y itation, in · ,d a th,-,..e,::: :-c-.,on PUt.usnr to ?ovn La~ Sec,ion 27 . . "-'-,-.x ~..~/ Qay extenlion is ra=- ..... oared August 25. lq?~ _ _ . -~eccea in the resolution Exhibit l. . .... , a copy o~ which is attached hereto aa NINETEE~fH: That on the 18th day of Se ce Petitioner ao * ..... '. _ _ P tuber, 1975, fur~__ 2. ea.. appeare~ betore the Pl~n~lng Board ~.~ _"=~ oxscusaed the proposed subdivisi°n _... --' re~erence w~cn particular ~o a au~eaeion ~e b~ ehe T~n Bo~d ~o ehe Pl~ni~ Board relardi~ certain areas included ~ ehe o~a space poreion of ~he subdi~alon. TWEMTXETH: Thereafter, on September 18, 1975, the Plan~tag Board voted to d~y appr~aZ Co the prelimina~ subdivision ~p on c~ baals t~.t no appr~al had been given to t~ cl~ter eo~epc b~ t~ souchold 'T~n Board. A copy Of t~ relolu~ion denyin~ approval dated Septem~r 23, 1975, is a~ac~d ~re~o and ~d~ a ~ar~ hereof,as ~ibi~ J. . a rms~nden~ Pl~n~ Board,s subdivision requ/re~nts. I*v~NTY-SECO~ID: That the resolution of the Plannin Board dated September 23, 1975 zE ........ g · ~ xnZOlg j) resul respondent To~n BOard'- ' - ted ~rom the · zne~stence that the Tows Bo approval to clu .. a.__~___ ard grant at.. ~--eAupment sobdiviltonl no the delegation of authority o~ ak.._ ~ ~ t~ltheCand/n8 To~n Lam Section ~- _ _- .... - -~n ~rd pursuit co the ~t ~d Seeti~ 100-136 of the Southold ~. -5- TN~,NTY-TRZRD: That on the 16th day ofl June, 1975. Petitioner ~ad advised that he was required to gain approva! ofl the To~n Board with reflerence co his cluster subdivision, and thereupon on the 2~Ch day ofl June, 1975, petitioner did appear beflore the To~n Board and flurther discussed the subdivision ~:[th the respondent To~n Board. TVENTY-FOURTH: That Petitioner met ~ith ~esponden~ Town Board on June 2~, 1975, and on other occasions including as late as Oct:ober 7, 1975, all ofl whichmeecingl Petitioner attended in good flaich and in order Co make adjustments and accon~nodations concerning cha subdivision road and the co~mon area o£ the subdivision. T~ENTY-FIFTH: That ~he respondent Town Board persists in claiming tha~ les ~urisdiction extends Co approval ofl the peCitioner~s cluster development subdivision in the same manner as ifl said respondent Town Board was in flact respondent Plannin~ Board.r T~E1TI~-SIXTH: That flor nearly flour months respondent Town Board has reflused Co acc Co approve pecicioner~s sub- d~v~s~on and has thereby thwarted and flruscraced peti~onerts subdivision development plan, although the Same flully cOmpltes with Section 100-136 ofl the Southold Town Code. TI~EITrY-SEVENTH: Thac rmapondencs TO~n Board and Town Plann~n~ Board are aectn~ arbitrarily, capriciously, illegally and unconstitutionally in chic= (a) ~he T~n B~rd Is ~12houc authority ~o appr~e or disapprove PetitiOner's subdivision tn t~c ea~d authority has been delegated to respondent Planntn~ Board; -6- (b) the respondent Town Planning Board has wrongfully dt. sapproved petitioner% cluster development pl~; (c) the Town Board more than ~wenty (20) months ago indicated that it approved the entire concept of the Petitioner~s proposed cluster subdivision and then refused and continues to refuse to ~rmit the respondent Plannin~ Boar(! from actinE ~d ~rantinE approval t ~titioner~s subdivi - o s~on~ ~ indicated by the resol the Pl~ninE ~oard dated ~Ptember 23, 1975~ ution of the T~ Board ~s c~ducted it a ~nner ~o wil~ully h~der ~d ~ ' - self uetay t~ appr~al =f ~tiCioner% clus ..... and ~=r aevetop~n= subdivision plan ~d thereby attempl~in~ =o destroy the value of Petit~oner~ or confiscate the s~e for public us~ ~ithout Just =~PenSation. ~iO~ P~titio~r de.nde Jud~nt t~t Pursuant to T~n Law Secti~ ~1 and Southold Code Section 100-136 respondent TOWn Bolrd ts ~ith0ut JUrisdtc~ion to appr~ R~i~ioaer% cluster develo~nt subdiv~sion~ and tha= the Z~7~, ~ vacated ~d reSponden~ Pla~i~ Board be di Aranc approval to the plan e-~-~--- _ _ recCed Co A~or~ye flor ~he Pe~i~ionlr Office ~d Post Offic~ddrel 1~ ~st ~in S=reet P.O. B~ 2~ TO: Riverhead, New York IOWN ~ SOUTHOLD TOWN BOARD outhold, New York co~1~ oF SU;FOL~) deponent hse .''~.L_ kn~ledee e- ....... o , ~-~p~ as co t~ ~tCere therein stated Co be a[lesed on ~aEo~Xon and beXieE, ~e~s deponen~ belXevel X~ Sworn to hca;ore me this /$~/ada~v of October, 1975 (l~llliam W. Schriever) § i00-134 SOUTIIOLD CODE § 100-136 The location, direction, power and time of use of any proposed outdoor lighting or public-address systems. (4 } he locatmn of and plans for any outdoor signs. T ' (5} The location and arrangement of proposed means of access and egress, including sidewalks, driveways or other paved areas; profiles indicating grading and cross sections showing width of roadway, location and width of sidewalks and location and size of water and sewer lines. (6/ Any proposed grading, screening and other land- scaping, including types and locations of proposed street trees. (71 The location of all proposed water lines, valves and hydrants and of all sewer lines or alternate means of water supply and sewage disposal and treatment. (81 An outline of any proposed deed restrictions or covenants. (9) Any contemplated public improvements on or ad- joining the property. (10) If the site development plan indicates only a first stage, a supplementary plan shall indicate ultimate development. E. Any other information deemed by the Planning Board necessary to determ ne conformity of the site plan with the intent and regulations of this chapter. § 100-1~5. Fees. All applications to the Planning Board for approval of site development plans shall be accompanied by a fee of twenty-five dollars ($25.). § 100-136. Cluster development. )Added 5-29-73} Yhe Planning Board may approve cluster developments for one- family detached dwellings in an A Residential and Agricultural District according to the procedure and requirements specified 10062 EXHIBIT A § 100-136 ZONING § 100.136~ below. The purpose of such development is to provide flex/bility in the d~" ~-s~gm and development of land in such a way as to promote the most appropriate use of land to facilitate the adequate and economical provision of streets and utilities, and to preserve the natural and scenic qualities of open space. A. The maximum nmnber of single-family lots that may be approved in a cluster development shall be computed by subtracting from the total gross area a fixed percentage of twenty percent /20%) of said area and dividing the remaiding eighty percent (80%) of the area by forty thousand (40,000) square feet. (1) In computing the maximum number of lots that may be created, any lands which are subject to flooding or which are occupied by public ntillty easements in such a manner as to prevent their use and development shall not be considered part of the total gross area. (2) In a cluster development, lot area, width, depth, front yard, rear yard and side yards shall not be reduced by ~nore than fifty percent (50%) of the minimum requirements set forth in the "Bulk and Parking Schedule." B. The area of a cluster development shall be in single ownership or under unified control. C. Prior to the issuance of a building permit in a cluster development, a site plan shall be submitted to and ap- proved by tbe Planning Board in accordance with Article XIII of this chapter and the following conditions: {1) Said site plan shall include areas within which struct, ures may be located, the height and spacing of buildings, open spaces and their landscaping, off- street open and enclosed (if any) parking spaces, and streets, driveways and any otber physical features relevant to the proposed plan. {21 Said site plan shall include a statement setting forth the nature of all proposed modifications of existing zoning provisions. 10063 § 100-136 SOUTflOLD CODE § 100-136 D. Nothing contained in this chapter shall relieve tbe Owner or his agent or tile developer of a proposed cluster development from receiving final plat approval in ac- cordance with the town subdivision regulations?~ In approving the final plat for a cluster development, the Planning Board may modify the acreage requirement for recreation areas as set forth in the town's rules governing subdivision review, provided that the common land dedicated meets all other requirements of the town sub- division regulations. E. A cluster development shall be organized as one (1) of the following: a Itomes Association approved hy the Federal Housing Administration for mortgage insurance p - as a anned Umt Deve opment, and the Town Board; a Homes Association approved by the Town Attorney and Town Board; or any other arrangements approved by ti~e Town Attorney and Town Board as satisfying the intent of this chapter. Wlienever a Homes Association is proposed, the Town Board shall retain the right to review and approve the Articles of Incorporation and Charter of said ltomes Association, and to require whatever conditions deemed necessary to ensure that the intent and purpose of this chapter are carried out. In consideration of said approval, the Town Board shall, in part, require the cluster development to meet the following conditions: (1) The Homes Association shall be established as an incorporated nonprofit organization operating under recorded land agreements through which each lot owner, and any succeeding owner, is automatically a member, and each lot is automatically subject to a charge for a proportionate share of the expenses for the organization's activities. {2) Title to all common property shnll be placed in the lfomes Association, or definite and acceptable assurance shall be given that it automatically will be so placed within a reasonable period of tin;e. 100(;4 § 10(/-136 ZONING § 100-136 ~acn lot owner shall bave equal voting rights in the Association and shall have the right to the use and enjoyment of the common property. (4} Once established, all responsibility for operation and maintenance of the cmnmon land and facilities shall lie w/th the Homes Association. (5} Dedication of all common areas shall be recorded directly on the final plat, or by refereoce on that plat to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. The dedication shall: Save the title to the common property to the lI0mes Association free of any cloud of implied public dedication. {b) Commit the developer to convey the areas to the Homes Association at an approved time. (c) Grant easement of enjoyment over the area to the lot owners. (d) Give to the ltomes Association the right ~o borrow for improvements upon the security of the (e) Give to it the right to suspend membership rights for nonpayment of assessments or infraction of published rules. F. Covenants shall be established, limiting all lots to one- family use and all Common lands to open space uses. No structures may be erected on such Common lands except as shown on the approved site plan. G. Lach deed to each lot sold shall include by reference all recorded declarations and other restrictions including assessments and the provision for liens for nonpayment of such. H. Tl~e Homes Association shall be perpetual; it shall pur- chase insurance, pay taxes, specify in its charter and bylaws an annual homeowner's fee, give provision for 10O65 § 100-136 SOUTHOLD CODE § 100-14! assessments and provide that all such charges become a lien on each property in favor of said Association. The Associatinn shall have the right Co proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the collection of any unpaid assessment in any court of competent jurisdiction. The developer shall assume all responsihilities as previously outlined for the Homes Association until a majority of the dwelling sites are sold, at which time the Homes Association shall be automatically established. Prior to site plan approval the developer shall file with the Town Board a performance bond to ensure the proper installation of all required improvements, and a main- tenance bond to ensure the proper maintenance of ali common lands until the Homes Association is established. The amount and term of said bonds shall be determined by the Planning Board, and tim form, sufficiency, manner of execution and surety shall be approved by the Town Board. AP, TICLE XIV Administration and Enforcement § 100-140. Administrative and enforcing officer. A, It shall be the duty of the Building Inspector and such deputies and assistants as may be appointed by the Town Board to administer and enforce tho provisions of this chapter. B. The Building Inspector and assistant and deputy building inspectors shall have such right to enter and inspect buildings, structures or premises and to perform other acts necessary for the enforcement of this chapter as is con- ferred upon them by law. § 100-141. Building permits. No building in any district shall be erected, reconstructed, restored or structurally altered without a building permit duly 10066 January 16, 1974 Town of Southold I~lanning Ecsrd Mmin Road $c:-~thold, :~ew York 11971 Re: . i~ ~iam $chrievar <'-. , . . >--'. ':"h'~ ......:~)'~d ~;vs~alf. it '' %o,:~:, i~ ~omera~ly a.c...~ ')'~'~','L. ~, ~e the (2) The oarcel at the '-' ~;>:o~osed mao, which is par~!y ~n bu~lnes~ ~artly in resideatial zoning, must be sbo'~,:n on the map its oroposed u~es aporc~riotel, iadic:~[-~d When the foregoing mat~:,?r.~ ;~cve b~)en r~s<,~.~<l ~nc~ t'~e Board advise~ whether the propos,ad road frc~n Tabor ~ioad to Village Lane is to be a through street or is to end in a eul-de-:~ac at Village Lane) rhea Iff. Schriever will submit preliminary olans in accordance with yo~ require- ments. A~ ~nd~cate~ to you, we wish to do this as promptly as possibie and ~herefore ask that you advise us if there are ~y other co~dit~on~ or co~si4~rations which you wish to have us comply with ~rior to submission of the preliminary ~p. Thank you. Very truly yours, Town of Soutbol,; Town Boar,:] Main Road $outho!d, 11971 Albert ~' autocchia ..... ~ ~.;-~ proposals cluster]hZ aon-~:~,~. ~ ?<; b~ '~',~'~;~d ~r', th, ¥"'~',~o,' ....... Of this property. ~3~,~ ..... . ~-,~;,,~:.f. ~ ~ .... ~ ~ ~7'~:'~:'' :";c';,':.~ .2:,~ to adloip~~,- ~ .... ,...~ .... ~.~ ..... ,, ..~.~, .. the Town 8oard and seek a deter~'nat~on fro::, ~-U,-'. 2Z~-m 3io,~rd as to whether ~,e may convey a portiot~ 0.¥ t{%e ope:; ~'' l~ ~:e,,~., constitutinE 1.4 acres, to ~jo~ntn~ 9roDe:try owne-~f~ ~, . ~,.~,~ ~ easement is included in the ~;~e~ er ~ : ~ ~' ~ ~ ':,~ ::: '~nants and restrictions includlng such eage~>~t is recorcL-~d wit[% the Clerk. May w~ 2ppepr before t[~e ne~:t e, xecutive sess$.r~<~ o~ the ']!own Board so that we n~.'.,kt :~:'s::: -- t]is ~.~It!l you 8nd have the Board's decision whether we may proceed wi~h the ~p before the ]?!an~ing Board. Very truly yours, CRC/pc Charles R. Caddy cc: }ir. William W. Schriever EXHIBIT C January 24, 1974 Supervisor Albert ¥~rtocchia 16 South Street Greenport, New York 11944 William W. Schriever Supervisor Martocchia: This will comfirm our discusgion with you on January 22, 1974, relaLing to t[~ proposed map of William Schrtever for property at Orient located between Village Lane and Tabor Road. It is my understanding thz, t the Town Board has approved the inclusion of the s~gma~tts of prope£ty, which may be. co~veyed to adjoit~irlg ownera, in the conmnons area. These ~egments constituting approxinw~tely 1.4 acres are thus to be consictered part of the co~,mons area in accordance with the requirements under the cluster zoning ordinance and =he segments will also be burdened with an easement restridfng their use by the purchasers (adjoining lot I had left with you a proposed covenant and as indicated to you have made a revision in that covenant an~ now enclose three copies of the revised covenant. Ag you will note at pag,~ two there are two additions, at 2 (d) the words "or sewerage" have been added and a new provision, No. 6 has been added as follows: ~'6. The Covenants and Restrictions hareiz~ mmy be modified in whole or in part by the Planning Board of the Town of Southold." EXHIBIT D Supervisor Albert Martocch~a January 24, 1974 Page 2 With r~.ference to both the widening of Tabor Road to 70 fec~t an<~ the conveyance of the recharge basin ~ocated on the west ,,~de of Tabor [:~oad to b.~illiam Schriever, is my understanding that w~ have reached an principle and that upon sutmtission of appropriate plans to Ra~aond Dean, the Town Superintendent of Hig~¢ays, steps w~ll be taken to [~ermit co.veyance of the recharge basin property ,snd the exchang(~ of land by Mr. Schriever along Tabor Road to allow its w~dening. Based upon the .,.own ,,u ~ = ~?prow~l of that portion of Schr~ever's map whereby ~ne segmented lots wf[~ be i~elud~d ~m the ~ommon~: ,?~ ~ . ...... a, ..1,.. Schrlev~r is preparing a prelJ.minary ~,lan to ~r~,~,*~ ~ to the Town Board. ?non presemtat~on of t~- ~re~'~.,-~ry olan we wi1! advise the t~anm~o;l ~o.~r ~ chat we ~c~ive ~ a*~proveI t~o ~roc~,~ ~ as tndicat~ fn th~ Very cruly yours, C~,{Jpc Enc!s. Charles Southold Town Planning Board' SDUTHOLD, L. I., N. Y. ]1971 January 17, 1074 Mr. Aldo Andreoli, Chairman, Board of Review Suffolk County Department of t'tealth 1t. Lee Dennison Executive Office Buildir,.j Veterans Memorial Highway Itauppauge, New York 11787 Dear Mr. Andreoli: The Plaoning Board of the Town of Southold has been er¥in.j to work out a reasonable approach to development of the property in Orient owned by Mr. William Schriever which will he preseP, ted to your board this afternoon, January 17, i974 at 2:30 p.m. 1 had hoped to attend this hearing personally hut complications have arisen so I would like to take this opportunity to presen'~ the thinking of the Planning Board on this development. As you know, this Board has been attempting to encourage clustering wherever possible in order ~cc~ accumulate ope~l sp[~cc. Further, we require a perpetual easelllent or thc cquivalcnt to cases the Town Ordinance states tidal agriculture shall be the preferred use for such open space. I would further like to point out that under the provisions of the clustering ordinance of tile Town of Southold~ no require- ment of the residential area may be reduced more than 50% nor may clustering be used in any except the residential zoneo Th£s means that no lot may have less than 20,000 square feet nor 75 foot highway frontage. In this particular case, the lots are larger than the minimum required and can be made to include 40,000 square feet without undue hardship. EXHIBIT E It is the £eelinf of thi~; l~oard that £r~)m a practical m.itter tile health of ar]}, occupants of hou:~es to be built on thi.~e 1~ of the lots might be handled. If this Board can be of £urther assi:qtancc in this mattor we would be glad to have you or olle O~- your men contact us and we JW/mb cc: Charles R. Cuddy, Esq. William Schriever John Wickham, Chair'aan Southold Town Planning Board SUFFOLK COUNTY tl DEPARTMENT OF HEALTH H. LEE DENNISON EXECUTIVE OFFICE BUILDING VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NEW YOF~K 11787 February 8, 1974 Mr. Charles R. Cuddy Tooker, Tooker, and Esseks Counselors at Law 108 East Main Street Riverhead, New York 11901 Re: Orient Property Southold Town Dear Mr. Cuddy: At the hearing held on January 17, 1974, in the office of the Suffolk County Department of Health Services, Division ~f Public Health, H. Lee Dennison Executive Office Building, Veterans Memorial Highway, Hauppauge, New York, you had an opportunity to present your appeal of the Department's ruling on the subject realty subdivision. In accordance with the provisions of subdivision (c), Section 7, Article I of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows: Based on the information submitted that the subject realty subdivision be approved. Since the determination of the Board of Review submitted to the Commissioner's office on January 31, 1974, has not been reversed or modified by her, it is therefore deemed to be the determination of the Commissioner. HWD/gph Very truly yours, Director of Environmental Health CC Aldo Andreoli, P.E. Robert A. Villa, P.E. Suffolk County Sewer Agency EXHIBIT F SUFFOLK COUNTY ~. OF ENVIRONMENTAL CONTROL Memorandum TO: FROM: SUBJECT- Joseph j. Risso, P.E., L.S. Joseph H. Baler, P.E. ORIENT VILLAGE SUBDIVISION DATE: July 14, 1975 The following represents a summary of our review of the informa- tion presented by the applicant and our field investigations re- .garding the geology and groundwater quality of the area. 1) Review of the geology of the area does not substantiate the presence of any clay layers which would separate water quality zones. 2)' A deep well, below 40 feet, would increase the possibility of salt water intrusion as the thickness of the fresh water area is extremely small. 3) Elevations supplied are not sufficient to determine ground- water direction3. 4) The water quality of the surrounding shallow wells in the area is satisf, actory; and, specifically, the nitrate concentrations are below allowable limits. 5) The subdivision has a one-acre density; it should have' - sufficient water supply for private wells. However, it is recommended that the maximum separation between well and cesspool be SOught. If you require any further information, please let me know. JHB/Db~ EXHIBIT G PLANNING BOARD MEMBERS John Wickham, Chairman Henry Moisa Alfred Grebe Henry Raynor Frank Coyle 0 Southold Town Planning Board SOUTHOLD, L. I., N. Y. 11971 TELEPHONE 765-1313 August 25, 1975 Charles R. Cuddy, Esq. Tooker, Tooker & Esseks, Esqs. P. 0. Box 268 Riverhead, New York 11901 Dear Mr. Cuddy: Re: Schriever subdivision The following action was taken by the Southold Town Planning Board at a regular meeting held August 18, 1975. RESOLVED to request a thirty-day extension on of the traffic report. ~'lever in Orient for further study EXHIBIT I Soufhold Town Planning Board SOUTHOLD, L. I., N. Y. 11971 TELEPHONE 765-1313 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Moisa Alfred Grebe Henry Raynor Prank Coyle September 23, 1975 Charles Cuddy, Esq. Tooker, Tooker & Esseks, Esqs. 108 East Main Street Riverhead, New York 11901 Re: Schriever Dear Mr. Cuddy: The following action was taken by the Southold Towm Planning Board at a regular meeting held September 18, 1975. RESOLVED to deny approval o£ the preliminary map of property owned by William Schriever located at Orient based on the fact that the Southold Town Board has not given approval for this piece of property to be developed in the cluster concept. Yours truly, Muriel BrUsh, Secretary Southold Town Planning Board EXHIBIT J STA'm Or NmV YO~. cotnwr~ o~ C~aTmC~,4 BY AT'rou~EY The undersigned, an attorney admitted to practice in the courts of New York State, certifies that the within has been compared by the undersigned with the original and found to be a true and complete copy. Dated: STATR OF NHW YORK, COUNTY O1~ ATTORNEY'S AI~[RMATION The undersigned, an attorney admitted to practice in the courts of New York State, shows; that deponent is the attorney(s) of record for in the within action; that deponent has read the foregoing and knows the contents thereof; that the same is true to deponent~s own knowledge, except as to the matters therein stated to be alleged on information and belieft and that as to those matters deponent believes it to be true. Deponent further says that the reason this verification is made by deponent and not by The grounds of deponent~s belief as to all matters not stated upon deponent~s knowledge are as follows: The undersigned affirms that the foregoing statements are true, under the penalt/es of perjury. Dated: , being duly sworn, deposes and says that deponent is the in the within action; that deponent has read the foregoing and knows the contents thereof; that the same is true to deponentSs own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters deponent believes it to be true. Sworn to before me, this day of 19 STATI~ O1: NI~W YORK, COUNTY O~ SSa CORPORATB VITRIFICATION , being duly sworr~ deposes and says that deponent is the of the corporation named in the within action; that deponent has read the foregoing and knows the contents thereof; and that the same/s true to deponenffs own knowledge, except as to the matters therein stated to be alleged on intormation and belief, and as to those matters deponent believes it to be true. This verification is made by deponent because is a corporation. Deponent is an officer thereof~ to-wit, its The grounds of depunenr's belief as to all matters not stated upon depunenffs knowledge are as follows: Sworn to before me, this day of 19 STATI~ OF NEW YORK, COUNTY OF SSa AI~IDAVIT OF SI~RVICH BY MAIL being duly sworn, deposes and says, that deponent is not a party to the action, is over 18 years of age and resides at That on the day of 19 deponent served the within upon attorney(s) for in this action, at the address designated by said attorney(s) for that purpose by depositing a true copy of same enclosed in a postpaid properly addressed wrapper, in -- a post office -- depository under the exclusive care and custody of the United States post office department within the State of New York. Sworn to before me, this day of 19 AFFIDAVIT OF PBRSONAL SERVIC'B being tt ), sw ~-r, deposes and says, that deponent is not a party to thc action~ is over 18 years of age and resides at '[hat on th~ day ot 19 at No. deponent served the within upon thc herein, by delivering a true copy thereof to person so sclved to hc the person mentioned and described as follows: b personally. Deponent knew the therein. Male {~ \Vhite Skin ['i Black Hair L] 14-20 Yrs. [~ Under 5' [] Under 100 Lbs. F'mal C Black Skin ~ Brown Hair [] %Vhite Hair [] 21,35 Yrs. [] 5'0',5'Y' [] 100,130 Lbs. ~ S ~ 3660 Yrs. r-i 5'4',5'8'' [] I31,160 Lbs. !_ t I' ello~, ,km ~; Blond Hair % Balding ~ ' ~ I Brown ~ Gray Hair [? 51,65 Yrs ~ 5'9",6'0' [] 161,200 Lbs. [] Red Skin [] Red Hair ~ Over 85 Yrs. ~ Over t~' [] Over 200 Lbs. Other Identifying features: ~%~'orn to before me, this day of 19 Signature of Server March 4, 1976 Charles Cuddy, Esq. 108 East MainStreet Riverhead, New York 11901 Re: Schriever subdivision Dear Mr. Cuddy: In further discussion at the executive meeting of t~ Planning Board on March 1, 1976, it was the consensus of the board that the cul-de-sac be pulled back from its preent location and be made square or round but,not be on the property currently un~der litigation with Dr. Moor-Jankowsk. Yours truly, Muriel Brush, Secretary Southold Town Planning Board F,~hrUary 26, ].976 Mr. Robert Glllispie, Chairman Southold Town Board of Appeals Town Clerk's Office Southold, New York 11971 Dear Mr. Gillispie: ~en ~,~. Scnriever wen~ before the Town Board for approval l~or his property oi'~ Village Lane to be developed in the clusterconcept, the ,Tows Board approved the area outlined in black on the attached map. This left two Undersized lots on Orchard Street, one consisting of 28,530 square feet and the other 25,000 square feet. The Southold Town PlanningBoa~.~ is in agreement that these lots be considered by yo~r-~)~.~ aS b~l~g outside ~e P~posed sub.vision. Yours trdly, Muriel B~ush, Secrelmry SOuthold Town Planning Board Enclosure TOOKEr, TOOKEr & ESSEKS February 11, 1976 Mrs. Muriel Brush, Secretary Southold Town Planning Board Southold, NY 11971 Dear Mrs. Brush: We would like an opportunity to again discuss the question of the road through Mr. Schriever's subdivision at Orient. As you know, Mr. Schriever is anxious to have a re-hearing on the preliminary subdivision map and once the question of the dimension of the road has been determined by the Planning Board, we can have the subdivision map revised and submitted. Kindly advise of the time I may appear at the next Planning Board meeting. Thank you. Very truly yours, Charles R. Cuddy CRC:rbm SMITH, FINKELSTEIN, LUNDBERG, BAISLEY AND YAK~BOSKI February 4, 1976 John Wickham, Chairman of Planning Board Town Hall Main Road Southold, N. Y. - 11971 Dear Mr. Wickham: I represent Dr. Jan Moor-Jankowski, whom as you know, is involved in a property dispute with Mr. William W. Schriever. It happens that the dispute concerns lands which have been submitted to the Planning Board of the Town of Southold for inclusion in a proposed sub-divi- sion by Mr. Schriever. Mr. Schriever called today to ascertain what Dr. Moor- Jankowski's position was in regard to the disputed land. I thought this might be an appropriate time to inform the Planning Board also of Dr. Moor-Jankowski's position. As we understand Mr. Schriever's proposal to the Planning Board, one of its most important features is a street which divides the sub-division and ends in a cul-de-sac. That cul-de-sac is on property which Dr. Moor-Jankowski claims. Accordingly, so long as the cul-de-sac remains where it has been planned, Dr. Moor-Jankowski opposes the proposed sub-division. Indeed, if the Planning Board were to approve the sub-division with the cul-de- sac remaining where it is, the decision of the Planning SI~,I~H, 17~NI~LSTEIN, LUNDBERO, BAISLEY AND YAKABOSK! Page 2 Board might be rendered moot because of the litigation pending between Dr. Moor-Jankowski and Mr. Schriever. Thus, it does not appear to us that the Planning Board could properly render a decision in regard to the proposed sub-division until Mr. Schriever and Dr. Moor- Jankowski either work out their differences or conclude their lawsuit. Thank you very much for your time and attention in this regard. RCC:ems Very truly yours, ROBERT C. CRIMMINS cc: Charles Cuddy, Esq. January 30, 1976 Mr. Robert Gillispie, Chairman Southold Town Board of Appeals Town Clerk's Office Southold, New York 11971 Dear Mr. Gillispie: Mr. William Schriever of Orient has presented the Planning Board with a map for developing his prooerty in e cluster concept. The Town Board has approved the area which can be clustered. Excluded from the area of the cluster subdivision are two lots. The first is. on Tabor Road and Orchard Street and consists of 28,530 square feet. The other is on Orchard Street east of the ~Vail property and consists of 25,000 square feet. Mr. Schriever will be coming before your Board in the near future to request variances on these two pieces of property. Mr. Wickham has conferred with Robert ~A~#~r, Town Attorney, who has indicated that it would be proper for the Planning Board to recommend approval on this. The Planning Board will take official action on February 23, 1976, the date of its next meeting. Yours truly, Copies to William Schriever Charles Cuddy, Esq. Muriel Brush, Secretary Southold Town Planning Board January 8, 1976 Frederick E. Gordon Robert Taeker, Esq. Main Street Greenport, New York 119~/~ Re: Schriever cluster Dear Mr. Tasker: Mr. Schriever and Mr. Cuddy attended the regular meeting of the Planning Board held January 5, 1976. Because of the litigation with Dr. M0or-Jankowski, they would like to take the moon-shaped piece out of the cluster. This way whatever is held up in courtwill not affect the subdivision. The Planning Board feels that we should ask for additional turnaround property to the north on proposed lot E so that the thrnaround comes up to the 100 foot diameter found in the highway specifications. Wb~t, in your opinion, should be done with the needle point configurations east and west of the Vail property. Mr. Wickham feels it should be taken care of somehow. Mr. Cuddywants to go to the Board of Appeals for variances on the two undersized lots on Orchard Street. He apparently is going to wait on the one in litigation on Village Lane. Mr. Cuddy wants a recommer~a%ion from the Planning Board so that the Board of Appeals will look favorably on this. What to do? Yours truly, ~iel Brush, Secretary Southold Town Planning Board December 3, 1975 Ro'bert Tasker, Esq. Main Street Greenport, New Yo~ 1.1944 Re: Schriever Dear Mr. Tasker: On September 18, 1975 the Southold Town Planning Board made the following resolution. RESOLVED to deny approval of the preliminary map of property owned by Willis~ Schrieverllocated at Orient based on the fact tkmt the Southold To~ Board has not given approval for this piece of property to be developed in the cluster concept. Mr. Wickham, at the December 1st meeting, wanted to rescind this action and discussion followed. It was decided to requesti~u~onecommendations on what action, if any, should he taken as regards the original resolution denying. Mr. Cuddy indicated that.it was your o~inion that this was a complete new ballgame, the'map should be resubmitted and another hearing held on this preliminary map. Would you confirm th~, ~!ease. Yours truly, Muriel Brush, Secretary Southold Town Planning Board JUDITH T. BOKEN TOWN CLERK REGISTRAR OF VITAL STATISTICS Southoldl [~i:~fi~ ~. Y. 11971 TELEPHONE 765-3783 November 20, 1975 Southold Town Planning Board Southold, New York Gentlemen: A resolution was adopted by the Southold Town Board at a regular meeting held on November 18, 1975 authorizing the Southold Town Planning Board simultaneously with the approval of "Oysterponds Village", Orient, to modify the applicable provisions of Chapter 100 of the SouEhold Town Code with the following conditions: 1. That said modification shall be subject to and in full compliance with the provisions of Section 281 of the Town Law. 2. That such modification shall comply in all respects with the provisions of Section 100-136 of Chapter 100 of the code of the Town of SouLhold. 3. That the land affected by such modication is described on the attached sheet. Very truly yours, Gud±Eh T. Boken Town Clerk ~ovember 14, 1975 DESCRIPTION: Propose~ Oluster Are~ at "0ysterpond$ Village# , Ox~lent ~ Begir~raing at a point on the westerly line of Tabor Road~ N. 1v 47' 30" E. - 253.24 feet alon~ said line from its inter- ~;ection with the northerly line of Orcha~ street; run~ng the~ace the f~llowin~~ three courses: (1) $, 87° 47' 30" W. - 331.27 fee~; thence (2) ~. 85° 57' 10" ¥. - 192.32 feet; the~ce (3) S. 2° ~5' W. - 265.31 feet to Or~rd Street; thence the followi~g 1t (I) N. 2° 17' 20" E. - 280.70 feet; thence (2) S. 82° 05' ~. - 70.0 feet; thence (3) S. 8° 41' ~. - 105.0 feet; thence (4) N. 5° 45' E. - 103.89 ~eet; thence (3) E. 85° 57' 10" ~. - 168~,1 feet; thence (6) ~. 70° 06' W. - 14~.81 ~set; thence (7) ~i. 25° 22' 30" E, - 188.95 feet; thence (O) Westerly on ~ cu~r,e to the ri~t h~viu~ ~ r~dius of 1104.~5 feet, a dist~ce of 15.~16 feet; thence (9) N~ 26° 09' E. - 220.0 feet; thence (10) West~r~v on ~ curve to ~e ri~t having ~ radius of 50~0 feet, ~ dist~u~ce of 104.7~ £e~t; th~e ~11)'N. 63° 51' W. ~ 87.35 feet to Village I~ne$ the~? along s~id Vi~ge L~e, N. 26 18' 50" E. - 50.0 feet; thence ~he following ei~ht courses~ (1) S. ~o 51' E. - 87.21 fee~$ thence (2) Easterly on a eua-ve to the right havi~ a r~diu~ of 50.0 feet, a distance of 104.72 feet; (3) N. 2~o 09' E. - 4~.~7 feet~ (4) N. ~o 20' 40" E. - 252.!9 feets ~henee Pa~ 2 (5) 3. 3e 40' 20" W. - 186.53 feet$ thence (6) N. 87° 47' 30" E. - 30.16 feet; thence (7) S. 3° 40' 20" W. - 299.99 feet~ thence (8) N. 87° 47' 30" E. - 224.8~ feet 'bo Tabor Roadt tP~noe ~on~;~ s~id Tabor Ro~d, o. 0 38~ E. - 50.02 feet; thence the i'o~owing fo~' oo~'ses: (1) S. 87° 47' 30" lJ. - 228,65 feet; 'thence (2) ~. 40' 20" W. - 281.24 feet; thence (3) Southeaster]j on ~[ ~ve to the left h~ving a radi~ of 50.0 fee~, c~ dist~oe of 83.67 feet; thence (4) ~. 87° 47' 30" E. - 2~2.15 feet to Tabor [%octd; thence along s~:~id Tabor Ro~d, the fo~owi~ two co~ses: (1) S. 8° 06' 30" E. - 14.81 feet; tke~ce (2) S, 1° 47' 50" W. - 15.31 feet to the point of begismf~. ~on~ir~g 9.~77 acres. ROD~RIOL YAi~ Tb~.~, To: Willi~un Schriever Tooker, TOOKER & ESSeKS COUNSELORS At LAW 108 EAST ~IAIN STREET RIVERHEAD, N. Y. 11901 November 19, 1975 Mrs. Muriel Brush, Secretary Southold Town Planning Board ¥~in Road Southold, New York 11971 Re: William W. Schriever Dear Mrs. Brush: We are advised that the Town Board has now approved the cluster concept submitted by Mr. Schriever for his subdivision known as "Oysterponds Village" (formerly Orient Village). While Mr. Coyle attended the meeting at which the Town Board discussed the cluster concept, prior to approving the same, we would like to present the map as it now stands to the entire Board. Then we will request that a re-hearing be held so that we may secure approval of the preliminary subdivision map. Please advise me when we may appear before the Planning Board. Very truly yours, Charles R. Cuddy CRC/pc TOOKER, TOOKER & E$SEKS Hoveubar [0, t075 Supervisor o£ the Tam of X6 ~ G~, b York with the SouChold Town Board on Tuosd87, IJovember 18, 1975, at 10~30 a.u. in ~tiiu with MJ aXuscer subdivision. AC thac tim Hr. Sohriever will subwit a edp to Cha Town Board whioh has bm revised in a~oord~o with the dfJonosion which ue had et our l~et appearance before cha Boa~d, are preparih$ iud will lulmit · Betel iud ~ ~p~l~ of cb ~= of ~ am Co ~ hGXu~d th ~Xuoter eu~t~st~; ~ based u~ ~r prev~s ~a~usui~ ~ ~Xd spp~tace ~t~ ~aX co moX~i~ of cb T~ ~d. SLn~e Hr. Sehrtover*s subdivision has ensmvterod con- side~ebXo dis~uoston boceeea cha applicant and the Town baird, mi ueXX as havins Senoraced sous appar~t eisoea- aepCton al to the rmquiremfm~l vhiah must bo ooopXiod with, ~Xt~C Co ob~tn C~d apex ~ both ~r~ ~d ~elulc ~ ~ flli~ o~ an appr~rhU oubdivtsl~ mp o~rcly MarCocch~& mde~et~d~ ~r~ ~ d~o=uosLon v~th ~. TaskeF proposed ~o~nc m~g ~ld mterhlXy aos~st resolving Cb probbm ch~ ~ve shied C~ fo~arded a copy of C~s letter Co bo~h Cb SouCho~d PI~ Board ~d ~rt Tubr, gsq, Very truly youz~, C~.Lrles R~ Cuddy CiC/pc ac: Southold Town PlanninZ Board Robert W. Ta~ker, Esq. September 23, 1975 Charles Cudd¥, Esq. Tooker~ Tooker & Esseks, Esqs. 10~: ~;~st Main street Riverhead, New York ll901 Re: Schriever Dear i[',~. Cuddy: The fo'llowing action was taken by the Southold To~n Planning Board at a regular meeting held September 18, 1~7'~. ~QESOLVED to deny approval of the preliminary map o£ property o~ed by William Schriever located at Orient based on the fact that the Southold Town Board has not given approval for this piece of Droperty to be developed in the cluster concept. Yours truly, Muriel Brush, Secretary SOuthold Town Planning Board Aug~Ast 25, 19'75 Charles R. Cuddy, Esq. Tooker, Tooker & Esseks, Esqs. P. O. Box 268 Riverhead, New York 11901 Re: Schriever subdivision Dear Mr. Cuddy: The following action was taken by the Southold TO~al Planning Board at a regular meeting held August 18, 1975. RESOLVED to request a thirty-day extension on action by the Southold Town Planning Board for the sub- division of WilliamSchriever in Orient for ~n~ther study of the traffic report. Yours truly, M=~iel Brush, Seoreta~y Southold Town Planning Board STEPHEN R. ANGEL TOOKER, TOOKER & EsseKs COUNSELORS AT LAW IO8 EAST MAIN STREET August 19, 1975 Mrs. Muriel Brush Planning Board of the Town of Southold Main Road Southold, New York 11971 Dear Mrs. Brush: We are enclosing six copies of the proposed Covenants and Restrictions for William Schriever's proposed subdivision at Orient, New York, now known as Oyster- pond Village. After the Planning Board has had an opportunity to examine the Covenants, please advise if you wish to have us present to discuss the provisions of the Covenants and Restrictions with the Board. In the event that the Planning Board wishes to have changes or revisions made, kindly advise us. Very truly yours, Charles R. CRC/pc Encls. LEGAL NOTICE Notice of Hearings NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, Public Hearings will be held by the Seutbold Town Planning Board at the Town Clerk's Office, Main Road, Southold, New York, in said town on the 7th day of July, 1975 o~ the queetian of the following: 7:30 p.m. Approval of the final map of subdiviaien known as "Elijah's Lane Estates, S~ction 2" owned by Jo~ Saland, situated at Mattiturk in the Town of Seuthuld, County d Suffolk and State of New York, hnd bouaded and described as follows: BEGINNING at a point un the northerly line of Rachael's Hoad, which point is the following courses and distances from the northeasterly terminus of an arc of a c~ve com~eeting the nor- theriy line of Rachael's Road with the westerly line of Elliah's Lane: (1) an acurve to thc right with a radius of 2S.OO feet for a distance of 88.1'? feet; (2) Seuth 5! degrees 21' 10" West 244.62 feet, and running theece from said point of begi~ South 51 degrees 21' 10" West along the northerly line of Rachael's Road 75.38 feet to a point; thence South 3~ degrees ~8' 50" East along the westerly terminus of Rachael's Road 50.00 feet to a point in the northerly line of a portion of land shown and deaig~ated on a realty subdivision map entitled "Elijah's Lane Estates, Section 1" filed in the office of the Clerk of Suffolk County as file number 6065; thence westerly, nor- thwestorly and egain westerly along a portion of land in the said realty subdivision entitled "Elijah's Lane Estates, Section 1" the foilowim! courses and distances: (1) ~anth 51 ~ 10" West 169.19 feet; (~) iin-a curve to the right with a radius of 75.OO feet fora ~stance of 92.32 feet; (3) South 51 degrees 21' 10" West 276.5/feet to a point in the easterly line of land of Agnes Grabowski; thence northerly along the land of Agnes Grabewsld the following courses and distances: (1) North 38 degrees 30' 50" West 197.78 feet; (2) North 36 degrees 32' 50" West 162;96 feet; (3) North 37 degre~ 36' 88" West 297.63 feet; (4) North 37 degrees Ill' 50" West 566.37 feet; (5) North 38 degrees 31' 50" West 1~0.63 feet to a point in the southerly line of land of Elijah's Lane Estates; thence easterly, northerly, again easterly, nor- thwesterly, again northerly and again easterly along the land of Elijah's Lane Estates the following courses and distances: (1) North 52 degrees 19' 20" East 267.60 feet; (2) North 37 degrees 40' 40" West 54.54 feet; (3) North 51 degrees 21' 10" East 75.42 feet; (4) on a curve to the right with a radius of 25.00 feet for a distance of 39.OO feet; (6) an a curveto the left with a radius of 1~57.49 feet for a distance of 139.94 feet; (6) North 52 degrees 19' 20" East 288.S9 feet to a point in the easterly line of a portion of land in the aforesaid realty ~sub- division entitled "Elijah's Lane Estates, Section 1"; thence South 38 degrees 14' 50" East along the said easterly line of a portion of landin the said realty subdivision entitled "Elijah's Lane Estates, Secti°n 1"q615.9~ feet to the point or place of beginning. Containing 20.3 acres more er less. /s:0o p.m. rov .9® pre'lmfiuary map of ~/9~wtmun known as "Rod 'N' Reel Estates" owned by ~ 'N' Reel Estates Company situated at Ar- shamomoqua in the T~ of Southuld, Coanty of~ and State of New York ~undmt and described as follows; BEGINNING at a pohtt.~ the easterly side of Albortson~ Lane where the division line between premises herein described and land of Joseph F. Barsczewshi intersects the easterly side of Albertson's Lane; running thence North 19 degrees 03' 40" West along the easterly side of Albertson's Lane ~62.72 feet to land of Milton Renick; thence along said last mentioned land the following two (2) courses and distances: (1) North 71 degrees 39' 00" East 213.OO feet; (2) North 72 de~-ees 07' 00" East 446.78 feet to other land of Milton Ranick; thence along said land the following three (3) courses and distances: (1) South 29 degrees 51' 00' East 172;57 feet; (2) South 15 degrees 36' 30" East 125.19 feet; (3) South 3 degrees ~4' 88" East 291.92 feet to land of An- thany Cor"~ini~ thence South 16 degrees 04' 00" East along said last muntioned land 508.20 feet; thence North 87 degrees 13' 3O" West along land of Joseph Bar- sozowshi, Sr., un~iland of Joseph F. Bareesewshi ~4.86 fec~ to the easterly side of Albertson's Lane, the point or place of beginning. Con~,ining 14.237 acres more or _.~less. 8:88 p.m. Approval of the preliminary map of subdivision known as "Orient Village*' owned by W*dlium W. Schriever situated at Orient in the Town of ~outhold, Coanty of Suffolk and State of New York and bounded and described as follows: BEGINNING at the in- tersection of the northerly line of Orchard Street with the westerly line of Tabor Road; fi'om said point of beginning running along said northerly line of Orchard Street, South 88 degrees 47' 88" West 113.93 feet; thanco along land of Rich, three courses: (1) North 2 degrees 05' 20" East Z51.~8 feet; thence (2) South 87 degrees 47' 30" West 78.99 feet; thence (3) South 2 degrees 18' 40" West 3.99 feet; thence along land of Carlsson South 82 degrees 05' West 141.50 feet; thence along land of Wysocki, three coerses: (1) North 2 degrees 48' East 18.12 feet; thence (2) North 85 degresa 57' 10" West 96.49 feet; thence (3) South 2 degrees 45' West 256.53 feet to said northerly line of Orchard Street; thence along said northerly line South 88 degrees 47' 30" West 96.04 feet; thence along land of Vail three courses: (1) North 2 degrees 17' 20" East 280.70 feet; thence (2) South 82 degrees 05' West 70.0 feet; thence (3) South 8 degrees 41' West 105.0 feet; thence along land of the Methodist Parsonage and land of Wnglom North 84 degrees 09' West* 120.0 feet; thence along land of Berra and land of King North 78 degrees 59' West 107.50 feet; thence along land of Horton, two coursea: (1) North 14 degrees 44' East 100.87 feet; thence (2) North 70 degrees 06' West 123.50 feet; thence along (continued on next page) COUNTY OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: Stuart C ])o~man bein~ duly Sworn, says that .... .h.e.. is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~ Greenport, in said county: and f_hat the notice, of which the annexed is u printed copy, has been published in the said Suffolk Weekly Times 0aa (t) weeks once in each week, tar ........................... Twentv- s ixth successively ~ommencin~ on ~he ............. - ............. legrees 18' 50" East 100.0 feet; hence (3) North 65 degrees 48' 0" West 145.0 feet to said msterly, line .of. Vil!ag.e _Lane; -hence along said easterly ne North 26 degrees 18' ~" East 112.~2 feet; thence along and of Norkelun, two courses: 1) South 65 degrees 11' 88" East 5.0"/ feet; thence (2) North 25 Ingrees 51' 50" East 137.58 feet; hence along land of Mngrino, outh 64 degrees 44' 40" East 79.43 feet; thence along said land of Magrino and land of Soito, North 17 degrees 11' 30" East 267.23 feet; thence along land of Tabor, North 88 degrees 20' ~" East 299.23 feet; thence along land of Schriever, four courses: (1) South 3 degrees 40' 20" West 186.53 feet; thence (2) North 87 degcees 47' 30" East 30.10 feet; thence (3) South 3 degrees 40' 88" West 299.99 feet; thence (4) North 87 degrees 47' 30" East 224.88 feet to said westerly line of Tabor Road; thence along said westerly line, South 0 degrees 38' East 50.02 feet; thence along other land of Schriever, three courses: (1) South 87 degrees 47' 88" West 228.65 feet; thence (2) South 3 degrees 40' 20" West 129.55 feet; thence (3) North 82 degrees 32' 20" East 253.72 feet to said- westerly line of Tabor Road; thence along said westerly line South ~ degrees Oo' 30" East feet; thence along land of the Town of Southuld,'three courses: IOo.0 feet; thence (2) degrees 06' 88" East lc thence (3) North 82 de: 88" East 100.0 feet westerly line of Tabo thence along said west: two courses: (1) South: 06' 30" East 95.~7 feet; t South i degree 47' 30" W feet to the point of h Containing 13.849 acres less. IT J88 ROBERT L. TOOKER WILLIAM W. ESSEKS CHARLES J:~, CUDDY ANTHONY E~. tOhlLl Tooker, TOOkER & ESSEK$ COUNSELORS AT LAW P. O. BOX 268 July 14, 1975 Planning Board of the Town of Southold Main Road Southold, New York 11971 Re: William W. Schriever - "Orient Village" Gentlemen: At the time of the public hearing on the preliminary map entitled '~ap of Orient Village" there was oppositinn voiced to the name selected by Mr. Schriever. Mr. Schriever has conferred with certain members of the Historical Society, and he has selected the name "Oysterpond Village" and will hereafter substitute that name on the map. We will, of course, only make this substitution if it meets with the Planning Board's approval. CRC/pc Very truly yours, Charles R. Cuddy Spencer B. Terry Jr. 1780 Village Lane Orient, ~ew York July, 7, 1975 Planning Board Town of Southold Southold, New York & whom it may concern. Dear Sirs, I wish to state, that, concerning the proposed road intersection between Village lane Orient, and road of Schriever Development refered to as Orient Village, I am not in favor of a cul-de-sac as a means of terminating this road (proposed). Considering the maintenance problem for a public road constructed in thi~ manner, and the other problems(i.e. Police, Ambulance, Fire and other emergency acess and egress) and considering thelsource of most of the current traffic to and from the Post Office and the Country Store, I would be in favor of connecting the road (Orient Village road proposed) and Village lane. I am a resident of Orient, my residence is on Village Lane approximatly 1000 Ft. South of the Proposed intersec- -tion. as such I am little bothered by traffic at the Post Office area of ~his street. However,logic demands that I look very hard at the result that might be forthcoming if a cul-de-sac were to block a road within a few feet of an existing Public Right of Way. Thank ~ime, ~ you fo~ June 26, lg7~ Charles Cuddy, Esq. Tooker, Tooker & Esseks, Esqs. 108 East Main Street Riverhead, New York 11901 Re: Orient Village Dear Mr, Cuddy: The following action was taken by the Southold Town Planning Board at a re~,lar meeting held June 23, 1979. 'RESOLVED to hold a public hearing on the map of property of William Schrlever known as Orient Village on July ?, 1975.' Yours truly, Muritl Brush, Secretary Southold Town Planning Board June 6, 1975 Southold To~ Board Gentlemen: The following action was taken bF the Southold Town Planning Board at a regular meeting held June 2, 1975. RESOLVED to request ~e Soathold Town Board to · ~cmar~ider the subdivision o£ land owned by William S~hriever in Orient as a cluster ~oncept subdivision. H;nclosed is preliminary map of t/ae property as prpposed by Mr. Schriever. The public hearing on Shis preliminary map is .to be held July 7, 1975. Yours truly, ~ .......... Muriel Brush, Secretary Southold Town Planning Board cc: Robert Hasker, Esq. T~n Attorney June 5, 1975 ~arles Cuddy, Esq. Tooker, Tooker & Esseks, Esqs. 10G East Main Street Riverhead, New York ll901 Re: Cluster concept subdivision Dear Mr. Cuddy: Enclosed please find letter of the Town Attorney referring to the above. The decisions referred to are as follows: 77 Miscellaz.~eous Reports, 2d Series. Donald F. --Daly et al., Petitioners, v. Edwin Eagan et al., Con- stituting the Plenning Board of the Village of Nor*daport, et al., Respondents. Pages 279 thru 283. 78 Miscellaneous Reports, 2d Series. In the Matter of Robert Rouse et el, Petitioners, v. Maurice J. 0'Connell et al., Constituting the Planning Board of the Town of !slip, et al, Respondents. Yours truly, Muriel Brush, Southold Town Secretary PlanningB~ard Enclosure May 14, 1975 I~. Raymond C. Dean, Supt. of H~ghways Town Highway Department Peconic Lane, Peconic, New York Deer I~. Demi: I am enclosing a revised copy of the preliminary map of Mr. Schriever's ~roperty s~wing the road ending in a cul de sac. This map has been accepted by the Sout~old Tow~.;~lmuming Board as the preliminary map of the division and will be the map considered at the public hea~i~." Be6$re that time I will need a resolution from the Town Board so ~uat we may consider this as a cluster subdivision. You have previously been sent the road profiles for this subdivision. May I please have your findings and recommeddations on this map. Yours truly, Copies to Muriel Brush, Secretary Southold Town Planning Board Mr. Demarest, Highway Committee Mr. Suter, Highway Committee Mr. Tuthill, Engineer April 23, 1975 Dear Bob: I am enclosing minutes of our last meeting which will not be approved until our next meeting on May 5th. On pages four through six there is the main part of the conversation held by Mr. Wickham and Mr. Cuddy and Mr. Schriever regarding his proposed subdivision in Orient. On page ll is the resolution made later in the evening. I had originally planned to exclude it from the minutes because I wasn't sure that Sparky and Henry Moisa voted and wanted to find out if they wanted it noted that they abstained. Henry Moisa chaired the meeting for the motion because no one seemed to want to second it. It may be in the paper as the representative od the Suffolk Times was there all evening. Mr. Schriever called me first thing Tuesday morning and I read the resolution to him over the phone. He called me again today and told me they don't mind making the road a cul-de-sac but he and his attorney (Mr. Cuddy) do not feel after three years it is fair to back this up to a sketch map again. I really think John thinks that Mr. Cuddy agreed with him to call this a sketch plan where it is only true that Cuddy agreed to give an extension Of time for the public hearing on a preliminary map. I am enclosing my page from my index book with what has occurred previously, If you feel this should be called a 'preliminary' and put down for a public hearing, please let me know as soon as you can in writing or by talking to one of the membeys of the Plar~aing Board. I just have a spooky feeling that this is another one to hang us but they don't agree with me. Thanks alot. DECLARATION OF COVENANTS AND RESTRICTIONS WITNESSETH: William W. Schriever of Main Road, Orient, New York, being the record owner of all the real property hereinafter described and the subject of this declaration, and William Lenzner and Eileen Lenzner, residing at 15 British Colony Road, Northport, New York, and William S. Thomas residing at P. O. Box 1944, Naples, Florida, and Conover K. Thomas, residing at 437 East First Street, Tucson, Arizona, being mortgagees of said real property hereinafter described, do hereby declare for themselves, their successors and assigns, in consideration of the premises, and hereby make known, publish and declare, covenant and agree that the premises hereinbelow described shall hereafter be subject to the covenants and restrictions hereinbelow enumerated which shall be considered to be real covenants running with the land and binding upon all purchasers, owners, mortgagees, lienors and such other persons acquiring an interest therein or of any portion of said premises, and their respective heirs, executors, administrators, successors and assigns. Real Property Affected PARCEL I (Lots 1 through 11) PARCEL II (Common Areas A and B) PARCEL III (Adjoining Segments C through N) PARCEL IV (Right of Way) (for description) -2- (for description) -3- COVENANTS AND RESTRICTIONS Affecting Parcel I 1. Structure Permitted: No structure shall be erected, altered, or placed on the premises of Parcel I, hereinabove described, other than a single-family, detached dwelling, a detached private garage for not more than two (2) automobiles and accessory uses, or an accessory building. 2. Lot Size Required: No dwelling shall be permitted on a plot smaller than twenty-thousand (20,000) square feet, nor shall more than one private garage and one accessory building be permitted on the same plot with each dwelling. 3. Approval Required: No structure shall be erected, altered, or placed on such premises nor shall any alteration of such premises requiring a permit from any jurisdiction be made without prior approval of the plans and specifications by William W. Schriever in writing. One copy of each such plans and specifi- cations so approved shall remain in the possession of William W. Schriever. 4. Architectural Style Permitted: Each dwelling shall conform in architectural style with the majority of the existing dwellings on Village Lane, and a garage or accessory building shall conform in style and quality of finish with the dwelling with which it is associated. 5. Dwelling Size: Each dwelling shall be erected and maintained with the following minimum number of rooms on the first floor: A living room, a dining room or dining area, a kitchen, a full bathroom, and a bedroom which may be used as a den or office if desired. The bedroom so indicated shall have access to the bathroom without passing through any of the other rooms listed. Any one story dwelling shall have a minimum of twelve hundred (1200) square feet of enclosed living space with a minimum of -4- two bedrooms. fifteen hundred (1500) square feet a minimum of three bedrooms and an on the second floor. Any two story dwelling shall have a minimum of of enclosed living space with additional full bathroom 6. Cellar Required: Each dwelling shall have a minimum of six hundred (600) square feet of cellar space accessible both by a stairway from the first floor and by a hatchway or other entrance directly from outside the dwelling. 7. Enclosed Porch: Each dwelling may have no more than one enclosed porch which shall be at the rear of the dwelling. The area so enclosed shall not be included in the minimum required area nor shall it be substituted for one of the required rooms. 8. Picture Window: Any picture window, sliding glass door, or other large glassed area shall face the rear yard only. 9. Setback Required: Each dwelling erected on Lot #1 through Lot #9 shall be set back fifty (50) feet from the front property line and an average of at least twenty (20) feet from each side property line except that for Lot #4 and Lot #9 a setback of thirty five (35) feet shall be maintained from the easterly property line. A small open porch shall not be counted in determining these setbacks. 10. Driveway Required: An all-weather driveway shall be con- structed and maintained for each dwelling. On Lot #1 through Lot #9 the driveway shall be on the west side of the dwelling. Sufficient space for parking shall be provided on the driveway and in any garage so that every automobile regularly parked in connection with the occupancy of the dwelling can be parked to the rear of the front of the dwelling. 11. Garage and Accessory Buildings: Any garage or accessory building shall be located in the rear yard and shall not be attached to the dwelling. No garage or accessory building shall -5- be more than one story in height, nor shall any garage or accessory building be used as a guest house, cottage, apartment, or otherwise for dwelling purposes. Each garage shall be equipped with one or two overhead doors as required for vehicle access, and such doors shall be kept closed except during use. Any garage or enclosed accessory building shall be supported by continuous masonry foundation, protected against the entrance of rodents, and supplied with electrical service underground from the dwelling. 12. Emargency Generator: Any engine-driven emergency electrical generator installed on the premises shall be permanently installed in an accessory building and equipped with a buried muffler system to minimize the noise. Such emergency generator shall be wired underground into an automatic transfer panel at the main electrical panel of the dwelling. Adequate ventilation for the engine shall be provided automatically so that it may be operated safely unattended. 13. Fuel Storage: No flammable liquids or gases may be stored in any dwelling, and no more than five (5) may be stored in any accessory building. shall be stored in metal containers. 14. Front Yard: The front yard, being the two side property lines as measured gallons of gasoline Such flammable liquids the area enclosed by from the property line contiguous and parallel to the street to the dwelling shall be maintained primarily in lawn except for the driveway and any sidewalks and shall be free of any fence, hedge, shrubs, or other obstructions which significantly screen the view of the front of the dwelling from the street. No automobile, truck, trailer, or boat shall be parked regularly in the front yard nor shall any bicycles, motorcycles, playground equipment, furniture, or other such items be left or stored in the front -6- yard unattended. 15. Side Yards: One side yard may be used for the parking of automobiles, light trucks, bicycles, and motorcycles in active use. The other side yard shall be maintained in lawn and gardens. No boat, recreational vehicle, trailer, automobile, truck, or similar item may be stored in either side yard. 16. Rear Yard: Not more than one boat a maximum of twenty (20) feet in length and not more than one recreational vehicle or trailer may be stored in the rear yard. Such storage shall be confined to those items owned by a resident of the dwelling and such recreational vehicle or trailer shall not be used for dwelling purposes on the property. Guests of the property owner may occupy their own recreational vehicle or trailer parked in the rear yard for not more than ten (10) days subject to a permit from the Town of Southold. Clothes lines, trash cans, playground equipment, building materials, and similar items may be erected, placed, stored, or otherwise maintained only in the rear yard. Vegetable gardens shall be restricted to that part of the rear yard to the rear of any garage or accessory building. 17. Animals Permitted: No animals other than pets shall be kept on the property and such pets must be confined to their owner's premises. No animals shall be kept on the property in such a manner that they create a nuisance for the neighbors because of noise, odor, attraction of flies or rodents, or risk of physical harm. 18. Maintenance of Property: The entire property shall be maintained at all times in a neat and orderly manner. The exterior of dwellings and accessory structures shall be main- tained, lawns shall be kept mowed, shrubs and trees shall be maintained in a healthy and attractive manner, and hedges shall -7- be kept trimmed. No portion of the premises shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waSte and no such wastes shall be burned on the property at any time. No building shall be boarded up at any time unless damaged by fire, wind, or other cause, and such damage shall be repaired or the building removed as promptly as is reasonable under the circumstances. 19. Water Supply: Until such time as public water supply is available, a private well shall be maintained on the property, or if difficulty is experienced in establishing and maintaining a satisfactory well on the property, then a well may be established and maintained on Parcel II. For Lot #1 through Lot #9 the well shall be located in the rear yard. 20. Septic Tank and Cesspools: sewers are available, a septic be maintained on the property. Until such time as public tank and cesspool system shall For Lot #1 through Lot #9 the septic tank and cesspools shall be located in the front yard, and no waste of any kind nor any harmful substance shall be discharged into the ground in the rear yard. 21. Sale Activities Permitted: Anything herein contained to the contrary notwithstanding, it is expressly declared and agreed that William W. Schriever, his agents, or any builder of a structure on the premises of Parcel I shall be permitted to erect signs and to maintain sales offices in any residence on said premises to aid in the development and sale of the building lots and the dwellings thereon. COVENANTS AND RESTRICTIONS Affecting Parcel II 22. Common Areas Defined: Parcel II, hereinabove described, shall forever and in perpetuity constitute common areas for the benefit and enjoyment of the property owners and residents -8- of Parcel I and their guests and shall not be opened to the general public for use as a park. 23. Homeowner's Association: At such time as six (6) of the eleven (11) lots of Parcel 1 have been conveyed to persons other than agents or nominees of William W. Schriever, he shall establish at his own expense a non-profit corporation, or Homeowner's Association, for the benefit of the owners of Parcel I and convey to said corporation title to Parcel II, the common areas. Once the Homeowner's Association is so established, all responsibility for the operation and maintenance of the common areas and the facilities thereon shall lie with the Homeowner's Association forever and in perpetuity. 24. ~embership: The present and succeeding owners of each of the eleven (11) lots of Parcel I shall, by virtue of such ownership, become members of the Homeowner's Association automatically and the owners of each lot shall have one-eleventh of the total vote in its affairs and an equal right to the use and enjoyment of the common areas. 25. Assessments: The Homeowner's Association shall pay the real property taxes on the common areas, shall purchase insurance shall pay the expenses of operation and maintenance of the common areas and any facilities thereon, and shall have the right to borrow money for improvements and to encumber the common areas as security therefor. All proper expenses of the Homeowner's Association shall be assessed equally (on a one- eleventh basis) among the eleven (11) members as an annual assessment together with such additional assessments as may be necessary from time to time, and such assessments shall become a lien on the individual lots of Parcel I until they are paid. Th~ Homeowner's Association shall have the right to proceed with the necessary legal action to foreclose and enforce said liens, and -9- further, it shall have the right to commence action against lot owners for the collection of such unpaid assessments in any court of competent jurisdiction. Also, the Homeowner's Association shall have the right to suspend membership rights of any lot owners for nonpayment of assessments or for the infraction of any published rules of the Association. 26. Charter and By-Laws: The Articles of Incorporation and Charter, and the By-Laws of the Homeowner's Association shall be approved by the Town Board of the Town of Southold before they are adopted. 27. Maintenance of Property: The entire premises of Parcel II shall be maintained at all times in a neat and orderly manner. Lawns shall be mowed at least twice each season including a final mowing in the fall. No portion of the premises shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste and no such waste shall be burned on the property at any time. The conm~on areas shall be kept reasonably free of rubbish and debris and no burning of grass and weeds shall be done at any time. The common areas shall be devoted primarily to lawn with trees, shrubs, and gardens as desired on the balance of the open area, but no part of the common areas shall be permitted to grow wild. 28. Preliminary Maintenance: Until such time as title is conveyed to the Homeowner's Association, William W. Schriever shall assume the responsibility for all taxes on, maintenance of, and improvements to the common areas. During such time, the owners of Parcel I shall have an easement of enjoyment over the common areas. 29. ~roperty Exchange: The party having title to the common areas shall have the right and the obligation to effect the -10- equal exchange of property as indicated on the recorded plat with the owner of the existing lot to the west of Lot #10 of this subdivision whenever such an exchange can be agreed upon in order to straighten the property line of the common areas. In such exchange, these Covenants and Restrictions shall be lifted completely from the parcels conveyed by the party having title to the common areas and shall be reapplied to the parcel acquired in exchange. 30. Open Space Requirement: The premises of Parcel II shall remain as open space forever and in perpetuity and shall not be used for commercial or dwelling purposes in total or by subdivision. Nor shall these premises be dedicated to public use, either expressed or implied. Said premises shall be dedicated to the use and enjoyment of the owners and residents of the lots of Parcel I for the purposes of open space, recreation, and gardening, and to protect and provide an adequate supply of potable water for the residents of this subdivision and their neighbors. Any development of said premises requiring a building permit shall also be subject to the approval of the Planning Board of the Town of Southold. 31. Water Supply Permitted: The owners of each lot of Parcel I, in the event that difficulty is experienced in obtaining a satisfactory well on such lot, shall be permitted to establish and maintain a well on Parcel II as a matter of right, and no easement shall, be required therefor. In addition, if the Suffolk County Board of Health shall determine that water meeting their standards of purity is not available on any lot, commercial or residential, within the area bounded on the north by the Main Road, on the south by Orchard Street, on the east by Tabor Road, and on the west by Village Lane, then the Homeowner's Association shall grant the owner of such lot an -11- easement on Parcel II solely for the purpose of establishing and maintaining a well. Such easement shall specify the location of the well and the line thereto, shall limit the use of such well to supplying water for those purposes for which potable water is required, and shall provide for an annual fee of ten (10) percent of the real property taxes assessed on the land alone of Parcel II. No such easement shall be granted, and any existing easement shall be terminated, which benefits the owner of any lot on which a single family dwelling is established as of the date of this instrument if such lot is subsequently converted to two-family or multi-family use, if such lot is subsequently converted to commercial use, or if such lot is subdivided for the purpose of creating any additional lot and thus establish additional dwellings or other uses. An exchange of property between the owners of adjoining lots which does not result in an increase in the number of dwelling units shall not be considered as grounds for denying such easement. 32. Cesspools Prohibited: No cesspools shall be constructed on Parcel II nor shall any substance which might pollute the water supply be deposited or discharged on or under the surface of Parcel II whether generated thereon or elsewhere. COVENANTS AND RESTRICTIONS Affecting Parcel III 33. Ownership Requirement: Titles to the various plots of Parcel III, hereinabove described, shall remain in the ownership of William W. Schriever until such time as a satisfactory agreement can be negotiated to sell such plots to the owners of the adjoining lots surrounding this subdivision. Once title to such a plot is conveyed to the owner of the adjoining lot, the plot so acquired shall be incorporated into such lot and shall remain as a part of said lot forever and in perpetuity. In the -12- event that a satisfactory agreement cannot be reached with the owner of the adjoining lot to such a plot, then that plot may be conveyed to a neighbor or to the Homeowner's Association, herein- above defined; but in either event, that plot shall not be incorporated into the balance of the property owned but shall remain separate and available for purchase by the owner of the adjoining lot. 34. Open Space Requirement: The premises of Parcel III shall remain as open space forever and in perpetuity and no dwellings or accessory buildings shall be erected thereon, nor shall any vehicles, machinery, or materials of any kind be parked or stored on said premises other than the exception hereinafter described. Said premises shall be dedicated to the purposes of open space, recreation, and gardening, and to protect and provide an adequate supply of potable water for the residents of this subdivision and their neighbors. No part of said premises shall provide the basis for a lot area variance application to the Zoning Board of Appeals. However, a part of said premises incorporated into the adjoining lot as hereinabove defined may be included within any required setback provided that such part shall itself remain open space. 35. Fencing Permitted: Once title is conveyed to the owner of the adjoining lot, a plot of Parcel III may be enclosed within any fence, hedge, or other border enclosing a part or all of such adjoining lot except within thirty (30) feet of the bounds of any public road. 36. Water Supply Permitted: Once title is conveyed to the owner of the adjoining lot, a plot of Parcel III may be used by such owner to establish and maintain a well as a source of potable water for his domestic use. Such owner also may grant an easement to the owner of an adjoining lot for the same purpose. -13- 37. Cesspools Prohibited: No cesspools shall be constructed on Parcel III nor shall any substance which might pollute the water supply be deposited or discharged on or under the surface of Parcel III other than the exception hereinafter described. 38. Exception Permitted: Cesspools and a driveway have been constructed and maintained for many years on a part of Parcel III for use by the residents of the dwelling on the adjoining lot, and such uses shall be permitted on that part of Parcel III bounded and described as follows: BEGINNING at the northwest corner of the premises about to be described, said point being the corner formed by the intersection of the easterly side of Village Lane with the southerly side of the proposed subdivision road; running thence from said point or place of beginning along the southerly side of the proposed subdivision road South 63 degrees, 51 minutes East 173.95 feet to the westerly line of Lot #5 of this subdivision; thence along the westerly line of Lot #5 South 26 degrees, 09 minutes West 44.04 feet; thence along the northerly line of said adjoining 48 minutes, 40 seconds West 174.20 feet to of Village Lane; thence along the easterly lot North 65 degrees, the easterly side side of Village Lane North 26 degrees, 18 minutes, 50 seconds East 50.00 feet to the point or place of BEGINNING, containing 0.1878 acres. Only these two exceptions shall be permitted on this one plot and all other open space requirements shall continue in full force and effect. 39. Additional Restrictions: To the extent that any portion of Parcel III lies within thirty (30) feet of the bounds of any public road, such portion shall remain free of any fence, hedge, shrubs, or other obstructions except that individual trees which do not significantly screen a vehicle driver's view across such portion from the public road shall be permitted. -14- 40. Maintenance of Property: The entire premises of Parcel III shall be maintained at all times in a neat and orderly manner. No portion of the premises shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste and no such wastes shall be burned on the property at No portion of Parcel III shall be permitted to grow any time. w{ld. COVENANTS AND RESTRICTIONS Affecting Parcel IV 41. Right-of-Way Easement: The Homeowner's Association snail have a non-exclusive easement forever and in perpetuity for a right-of-way across the premises of Parcel IV, hereinabove described. Such easement shall include the right of access over the surface and also the right to bury utility lines under the surface. It shall not include the right to park vehicles along the right-of-way nor shall it be transferred to the owners of the lots in Parcel I for any purpose other than to gain access to Parcel II. 42. Maintenance of Roadway: The Homeowner's Association shall not be required to contribute toward the maintenance of any roadway constructed on this right-of-way unless, through their actions or the actions of others working under their employ or for their benefit, they have caused damage to any existing roadway In that event, or in the event that the Homeowner's Association or its contractors have caused damage to any facilities installed on or under the right-of-way, such Association shall pay the cost of repairing the damage done. 43. Shoulder Required: A shoulder shall be established and maintained at least five (5) feet in width as measured from the bounds of Parcel IV along the westerly and southerly sides -15- thereof. No roadway shall be constructed or maintained nor shall any vehicle be parked on such shoulder. The shoulder so established may be used for the erection of signs and the installation of utilities and drainage facilities but otherwise shall be maintained in lawn and free of any trees, shrubs, or other unnecessary obstructions. 44. Approval Required: Before any work is undertaken to install any facilities on or under the right-of-way, the plans and specifications for such installation shall be approved in writing by the parties having title to the portions of Parcel IV which are involved and also by any party having facilities installed on or under the right-of-way. Such plans and specifications shall show the alignment and depth of any existing facilities and indicate the exact alignment and depth of the proposed installation. Once approved, such plans and specifications shall be followed with an accuracy of plus or minus six (6) inches in both alignment and depth. 45. Map Required: At the conclusion of each new installation of facilities on the right-of-way, an accurate map on a scale of ten (10) feet per inch shall be prepared by a licensed professiona engineer or land surveyor showing all facilities installed on the right-of-way including all previously existing facilities and specifying all alignments and depths or elevations. A copy of this map shall be delivered to each party having an interest in any portion of Parcels IV. If the new installation involves only a very limited portion of the right-of-way and can be described by only a few measurements for the alignment and depth, then a letter describing the installation may be prepared and delivered in lieu of such map. IN GENERAL 46. Limitation: It is expressly understood and agreed that -16- the foregoing Covenants and Restrictions are intended to cover the above described real property only and are not to be extended to any other property of William W. Schriever, now owned or subsequently acquired, by implication or otherwise; and it is expressly understood that there is no obligation upon William W. Schriever, or his heirs, executors, administrators, successors and assigns, to restrict in any manner any other real property which they may now own or which they may hereafter acquire. 47. Enforcement Costs: All costs incurred by William W. Schriever or his agents in enforcing these covenants and restrictions or any public laws relating to the use of this property and all costs incurred in achieving conformity with their requirements shall be the sole expense of the person or persons in violation. 48. ~ight of Inspection: William W. Schriever or his agents shall have the right to make such inspections of the premises as are required to determine compliance with these covenants and restrictions or any public laws relating to the use of this property. Failure to conduct such inspections or to note such violations shall in no way limit future enforcement. 49. Assignment of Rights and Powers: William W. Schriever may assign his rights and powers under this instrument to the Homeowner's Association hereinabove defined, and in that event said Association shall assume all his rights and powers under these Covenants and Restrictions including the right to collect costs and to make inspections. 50. Enforcement by Others: If William W. Schriever or his successors or assigns shall violate or attempt to violate any of the Covenants and Restrictions enumerated herein, or shall fail to enforce said Covenants and Restrictions, it shall be lawful for any other person or persons owning any portion -17- of the hereinabove described premises, and the Town of Southold through the office of the Town Attorney to prosecute at law or in equity the persons violating or attempting to violate any such Covenant and either prevent them from so doing or recover damages for such violation. 51. Copy Required with Application: A copy of these Covenants and Restrictions shall be attached to every application relating to the use of the above described real property before any agency of the Town of Southold including every application for a build- ing permit. 52. Future Redevelopment: In the future, if a plan to redevelop all or a portion of the above described real property for a use other than single family dwellings is approved by the Planning Board and the Town Board of the Town of Southold, then such of these Covenants and Restrictions as are in conflict with that plan shall no longer apply to that portion of said real property included within the approved plan. 53. Reference in Deeds: Each deed of conveyance of any parcel or plot affected in whole or in part by these Covenants and Restrictions shall include reference thereto. In addition, ea~ deed of conveyance of a lot in Parcel I shall include reference to the common areas, the provision for assessments, and the provision for liens for the non-payment of such assessments. 54. Amendment: William W. Schriever or his heirs, executors, administrators, successors in interest or assigns may amend this Declaration of Covenants and Restrictions only upon receiving the approval of the Planning Board of the Town of Southold for each amendment thereto. -18- 55. Validity: Invalidation of any one of these Covenants, in whole or in part, by judgment or court order, or otherwise, shall in no way affect any of the other provisions which shall remain in full force and effect. -19- LAWRENCE M. TUTHILL April 8, 1975 M~2~ORAN)UM To: Mr. Raymond C. Dean~ 5u~t. of High~ays, Southold Town Re: Subdivision entitled Orient Village dated March 20, 1975 d s Profile shows 70' wide Tabor Road and a proposed new orofile, but no such wJd±h is shown on olans. If Tabor Road is not to be changed then profile of orooosed road will have to be revised. Vers0naily se? no anoarent traffic~oroblem due orooosed road entering Village Lane. Traffic? generated by Nine building lots would be Sf~s~t by an alternate rouAe in case of road blockage There is insufficient drainage. Suggest a recharge basin be constructed with ~he possibility of enlargement of ~.he existing drainage area General Suggest restrictions on conveyence of olots "C" thru "1~' to a :jacent owners so as not tc create additional building, lots. It aopeare as several parcels are large enough for a build n~ lot through of a variencs. April 7, 1975 Mr. William Schriever Main Road Orient, New York 11957 Dear Mr. Schriever: . WeA~h?ve.received lnf~tion from numerous people in mne urxen$ area that ittie~o not t*Ok favor&~ly on another connection to Village ~La~e. .It is also our understanding that ~he Hi~a~'lCO~lStee do~%° make a it. We th~ that you would be'~eIl-advised not approve cul-de-sac in the prop, osed road or. as another possibility you might consider~B~udSning the ,cluster cOn~e~t 'and putting in a loop r~ad~ith standard:lots plus,playground and so forth. We offer this suggestion only because to date there has only bean one cluster concept approved in ?,he Town of Southotd.. ' John Wickham, Chairman Southold Town Planning Board March 4, 1975 ~ 't' ay t~,e last z-cg~zlar ceti:~g. letter Februar,' .... oa ~=.u.~u~ oi' thc, Goard that althou~Jc It ..... the ~ ..... -~ ~ ~ ~ they have no o'L" ~- ' -- · je,,~on to wl, al- is bc. zng propos~:~d ;:~'~cy are riot izl a ~ositiozi mo tell 't~'e i lbdi'vlder l~cw ~;o · oroceec]. Yours Muriel Brush, Secretary Southo!d Town Planning Zioaro RObErT L Tooker WILLIAm W. ESSEKS MARCIA Z HEATER ANTHONY B, TOHILL TOOKER, TOOkEr & E$sek$ COUNSELORS AT LAW I08 EAST MAiN STREET RIVERHEAD, N. Y. II901 April 7, 1975 Mrs. Muriel Brush, Secretary Planning Board of the Town of Southold Main Road Southold, New York 11971 Re: William W. Schriever - "Orient Village" Dear Mrs. Brush: Enclosed herewith are two completed applications for approval of plat as executed by William W. Schriever. It is my understanding that Mr. Schriever has delivered to you twelve (12) prints of the map of preliminary subdivision to be known as Orient Village and a check in the sum of $120.00. We ask that the matter be placed on the calendar for April 21st. Very truly yours, Charles R. Cuddy CRC/pc 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 Toxvn Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as foilows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the oxvner 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 ..... f!01::Lerlt..Village!~. ........................ 3. "/'he 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 7567 126 ........................ Page ................. On Janua.ry. 10, 197~ Liber ..7605 Page 507 March 18, 1974 Liber . 7605 Page 274 ...................... On March 15, 1974 Liber 7637 338 May 14, 1974 ........................ Page ...................... On . Liber ........................ Page ...................... On .......... as devised under the Last Will and Testament of ........................................ or as distributee ........................................................................ 5. The area of the land is ..13.85 .... acres. 6. All taxes which are liens on the land at the date hereof have been paid except ...~J.0.1~.. 7. The land is encumbered hy ....t~...O...(.2.). .... mortgage (s) as follows: ............................................. (a) Mortgage recorded in Liber 6~,1~.7. ...... Page . .4.37 ....... in original amoum of $..1.9.,.8.7.5.:.0.0... unpaid amount $.1.9. s.8.7.~,.0.0..' held by N~-.1.~-~.~.m .Lflr~z~r:te.r. and Eileen Lenzner ................... a~ s:15 British Colo .R.g.a..d.,...N.°..r.t..hR.°.r.t.~...N.e.w. York (b) Mortgage recorded in Liber .7.0.2..0 ...... Page .... .5.7..0 ............ in original amount of $. 6.0,.00.0.fl0.. unpaid amount $..60.,000~.00. held by . .~. il!.iom.. $.,. .......................... address ..P.:Q:..B~.x...1.944, Naples, Florida, an.d. Conover K. Thomas ...................................... address 437 East First Street, Tucson, Arizona (c) Mortgage recorded; in Liber ............ l'age .................... in original amount of $ ................ unpaid amount $ ................ held by . .......................... .......................... address ...................................................... 8. There are no other encumbrances or liens against the land except N01~ 9. The land lies in the following zoning use districts ~!A.~! .Res.iclomtigl..-..Agr. ieul.tural 10. No part of the land lies under water whether tide water, stream, pond xvater or otherwise, ex- cept ....... I~1.0.~I-~ ...................................................................... 11. The applicant shall at his expense install all required public improvements. 12. The land,~ (does not) li,e in a YVater District or \Vater Supply District. Name of Dis- trict, if within a District. is ... riot. appii.¢able ...................................... 13. \Vater mains will be lai,d by NOIffl~ ............................................. and (a) (uo) charge will be made for installing said mains. I4. Electric lines and standards will be installed by ...LILG.O ............................... .................................... and (a) (no) charge will be ~nade for installing said lines. 15. Gas mains will he installed by .N0[q~ ............................................. and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed By the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures ol~ the land which are not located and shown on the plat. 19. Where the plat shows proposed ,streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the 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 grading and required public improvements will be ~. .7. ~ .0.0. .0.: as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ... f.i,v.e..., years. The Performance Bond will be written by a licensed~ surety company unless otherwise shown on Schedule "F". Applicant: will submit itemized schedule of improvements~p~ to rj~quest/f~r final approval A-ril ~ 75 ~/~--~ .~/~ ~/ ~ ~--7-~x o~ map DATE ......... P. ....... .'~ .~ ........... 19 ....... 7,Z.~b:'('.-~Y'~..~-~.' · ~4.~ .~. ~.~. Y..~.~.,~ · --~ ~-. ~.. , (Name of Applicant) (William W. ~cnrxever) (Signature and Title) (Address) STATE OF NEW YORK, COUNTY OF ..SiJFF.0LK ....................... ss: On the -~\ day of April 19..7..5.., before me personally came ........... WTLI~IAM. ~,..S ~}]][~]~.-v~l~ .... to me known to be the individual described in and; who executed the foregoing instrument, and acknowledged that ..... .h.e. ...... executed the same. ~T°tary Publ~TRIClA A. CLARK ~IOTARY 'PUBLIC, Sta+e of New Yor~ Suffolk 'County - INo. 52-5711005 l'etm £xpires March 30, 1976 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 ............ knoxvs 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 I.h,,rch 25, 1975 D~,~u~I~ Tier of Southold Beg~ at the intersection of the northerly line of Orchid Street with the westerly line of Tabor Road; from s~id ~oiut of be~i~i~ ~ ~o~ s~id northerly !~e of Orch;~rd :~'treot~ S. 88~ 47' 30" %% - 113.93 feet; thence lsa~d of Rich, t~ee co~s~s: [1) N. 2° O5~ 20" E. -251.28 feet; thence (2) S. 87° 47' 30" W. - 78.99 feet; thence (3) S. 2°,18' 40" W. - 3.99 feet; thence ~ong lamd of C~lsson, S. 82~ 05' W. - 141.50 feet; thence ~o~ l~d of Wysocki, tl~ee courses: (1) ~. 2° 4G' E. - 1~.12 feet; thence (2) N. 85° 57' 10" U. - 96.49 fee~; thence 2o ...... ~ ~ feet to said northerly li~o of ~ *~' ~. ' ~'~' ......... 88~ 47' tkenc~ a lor~ s~d normnerzY z~, ~. co~ses: 30" U. - 96.04 ~eet, thence ~o~ l~d of V~l, tl~ee (1) N. 2° 17' 20" L. - 200.7 feet; thence (2) ~], 02o 05' W. -70.0 feet; thence (3) S. 8° 41' W. - 105.0 feet; thcnc~ ~lo~ ~u~d of tho ~:ct ~ou~ .... l[%roon~<., ]x~nd of '%c~'r~ and l~nd o2 iYi~ ~. 78 ~9 · c~-. thence alox~ - U. - 107.50 foot; thence ~o;~ lnncl of ]~orton~ two co~ses: (1) H. 14° 44' E. - ~00.87 foot; thence (2) N. 70° 06~ U. - 1~',..~O foots (1) N. 32° 18' E. - 173.30 foot; thcnoe (2) }~. 68o 26' W. - 190.50 feet to the easterly lille of 2a. o 2 Vi!l:~!o Lanel th(moo alo.~k; id o~.'4tcrl) li.~o, !,;'. 26o 18t 50" E.- 104.04 foot; thence alo'a;; ?',;~.d of Hoor-J~;¢Kmw~ki, tlwco couz*ses: (1) S. 65° 48' 40" E. - 145.0 feets thence (2) N. 26° 18' 50" E. - 100.0 feet; thence (1) S. 65© 11' 30" E. - 95.07 feet; · (2) ~f. 2~° 51 ~ 5C" E. - 137.58 feet; thence 'aloz~; land of t~?.~rzno, ;.~. 64~ 44' 4~" E. - 79.43 ~Set; thonc~ of ;.~'v.ci~,.o ~:z~d land cz Soitc, ;r.oi ~ 11' 30" E. - 267.23 feett (l) ;~. 3° 40~ 20" W. - 186.53 feet; thence (2) N. 87° 47' 30" E. - 30.16 feet; thence " 30 20" - (3) o. 401 W. 299.99 feet; thence (4) i;~. ~7° 47~ 30" E. - 224.88 foot to said w oMtorly line cz ~o~ ..~ .], t...once ~Xon:, ,,,,id ~,e,~cr~y line, ~. 0~ 38~ E. - 50.02 foot; thence alo~ other l~d of ;~chriever~ tl~*ee co.sos: (1) :~. 87° 47~ 30" W. - 228.65 feet; thence (2) S. 3° 40' 20" W. - 129.55 feet; thence (3) ]:~. 82° 32~ 20" E. - 2~ 3.72 Sect t ,';, ~+~, ~ o ~..id u~rl¢ line of Tabor head:, thence aion,~-,_, ;~ i,i .... ',',-~,~**lv, .. li:~o S. 8 06~ 30" ~.- 50.0 feet; thence a long Lind o~' tlc To~a~ oi' 3outhold, bi.ce (a) S. 82° 32' 20" W. - 100.O feet; thence S. 8° 06' 30" E. - 100.0 feet; thence '~. 82° 32t 20" E. - 100.O foot to sm. id westerly line of Tabor Road; thence alo~g caid westerly line, two COU.~SOs: (1) S. 8° 06' 39" ~. - ,,.,-7 feet; thence 2) S. 47' 30" ~. - 265.55 to the ~oint RODE.~LICK VAN TO-t-L, P.O. '20: ~r. William Schriever TOOKER, TOOKER & ESSEKS COUNSELORS AT LAW 108 EAST ~IAIN STREET RIVERHEAD, N Y. HgOI February 4, 1975 Planning Board of the Town of Southold Main Road Southold, New York 11971 Attention: John Wickham Re: William W. Schriever Cluster Development in Orient Dear Mr. Wickham: Pursuant to our recent conversation concerning the cluster subdivision of Willaim W. Schriever at Orient, we are enclosing the proposed map submitted to you may months ago. In order to proceed before the Department of Environmental Control it is necessary that we submit a formal subdivision map as prepared by Mr. Van Tuyl. We, therefore, ask that you outline in pencil those areas which you wish to be included in the map. For reference purposes we point out that the areas containing arrows are a part of the premises purchased by Mr. Schriever but are to be conveyed to adjoining owners by a deed which will encumber each conveyance with a scenic easement. Those properties upon which the notation "exchange" has been made are to permit the straightening out of lot lines. The exchange has been completed between Schriever and Frost and Schriever and Wysocki. Kindly advise those areas which are to be included in the sub- division so that we may attend to preparation of the same. Thank you. Very truly yours, Charles R. Cuddy CRC/pc Eric. June 4, 1974. Southold Town Board Southold Planning Board Gentlemen: People with a cause in a common effort prese~t you with this petition. There is no committee - no chairman, only people whose aim is to prevent an increase in traffic and maintain the character and safety of Village Lane in the hamlet of Orient. This petition contains the signatures of many residents of Ori~nt who are categoricall,~ any additional i ress an ~o + ..... ~ op~gsed to Of the individuals signing this petition, appromimately 30 zeside on Village Lane. Their n~mes are indicated by an x. Since there is no chairman, Nr. Cyril Z~eman or ~r. Charles Webb will act as representatives ~ the petitioners and in particular for the Village Lane residents whose concern inthis matter is the greatest. IE this petition is found to be lacking in weight or substance or insufficient to support a denial of the permit to construct an additional ingress or egress to Village Lane, you are asked to advise ~Ir. Lukeman or ~r. ~ebb so that the petitioners can take any further action needed. Cyril K. Lukeman Charles E. Webb We tlc '~:ndersT.'gneo residents of uhe haTalet of Orient~ Town of Souihoid, ~ew York, dn hereby 0 ~ ~CT ' t,e proposed ~oad w'~ich ,,?ill serve as an ingress and egress to the subdivision owned '~? ~ :~m ?,hzeiver to Villag,:.. Lane because: (I~% Lchere ~_s anothe,~, far less trafficked road with zero that is as available onto which access to the ~velopment can be secured. (2) Village Lane, Orient's heavily trafficked main thoroughfar~ ~.~ narrow, congest%ed and it's environs has a large population c_~toren. Town traffic ordina~cem allows only west side of the .~,treet parking in the area of the subdivision. Permi~tincy; the opening of a road connecting th~ subdivision with Villag~ !]~Le ~,~ill crcate a greater congestion problem, but will e~ fi~inger the lives of the many _h~.lo~e in the area. ,, ~ '/'he £'~',siden'Ls of Village Lane should not be asked to "Dea~ ~.:. un~c'c~ssar} increase in the noise level inherent '.~ ~ ar i~rease in traffic. ask the Town not to permit the construction of any'road th:.~.t will serve as an ingress and or egress NAME to village Lane° ADDRESS /_~ V / I DA~E PETITION We the undersigned residents of the hamlet of Orient, Town' of Southold, New York, do hereby OBJECT to the proposed road which will serve as an ingress and egress to~he subdivision owned by William Shreiver to Village Lane because: (1) There is another, far less trafficked road with zero population that is as available onto which access to the development can be secured. 2) Village Lane, Orient's heavily trafficked main thoroughfare is narrow, congested and it's environs has a large population of children. Town traffic ordinances allo~s only west side of the street parking in the area of the subdivision. Permitting the opening of a road connecting the subdivision with Village Lane will create a greater congestS-on problem, but will endanger the lives of the many children in the area. (3) The residents of village Lane should n~ be asked to bear an unnecessary increase in the noise level inherent with an increase in traffic. We ask the Town nOt to permit the construction of any road that will serve as an NAME ingress and or egress to Village Lane. ADDRESS PETITION We the undersigned residents of the hamlet of Orient, To~n of So~thold, New York, do hereby OBJECT to the proposed road w%~ich will serve as an ingress and egress to the subdivision owned by William Shreiver to Village Lane because: !1} There is another, far less trafficked road with zero pcpulztion that J.~o a~: available onto which access to th~: deve].opment can be secured. (2) Vil]~Te Lane, Orient's heavily trafficked main thoroughfare PETITION We the undersigned residents of the hamlet of Orient, Town of Southold, New York, do hereby OBJECT to the proposed road which will serve as an ingress and egress to the subdivision owned by William Shreiver to Village Lane because: (1) There is another, far less trafficked road with zero pDpulation that is as available onto which access to the development can be secured. (2) Village Lane, Orient's heavily trafficked main thoroughfare narrow, congested and it's environs has a large population of children's. Town traffic ordinances allows only west side of the ~t~eet parking in the area of the subdivision. Permitting the opening of a road connecting the subdivision with Village Lane will create a greater congestion problem, but will endanger the lives of the many children in the area. (3) The residents of village Lane should not be asked to'bear en unnec~[~sary increase in the noise level inherent with an increase in traffic. We ask the Town not to permit the construction of any 'road ~DATE that will serve as an ingress and or egress to village Lane. NAME ADDRESS PETITION We the undersigned residents of the hamlet of Orient, Town of Southold, New York, do hereby OBJEC~ to the proposed roa~ which will serve as an ingress and egress to.~he subdivision owned by William Shreiver to village Lane because: (1) There is another, far less trafficked road with zero population that is as available onto which access to the development can be secured. (2) village Lane, Orient's heavily trafficked main thoroughfare is narrow, congested and it's environs has a large population of children. Town traffic ordinances allows only west side of the street parking in the area of the subdivision. Permitting the opening of a road connecting the subdivision with Village Lane will create a greater congestion problem, but will endanger the lives of the many children in the area. (3) The residents of Village Lane should not be asked to bear an unnecessary increase in the noise level inherent with an increase in traffic. We ask the Town not to permit the construction of any road that will serve as an ingress and or egress to village Lane. DATE NAME PETITION We the undersigned residents of the hamlet of o£ient, Town of Sout?~nld, New York, do hereby OBJECT to the proposed road which will serve as an ingress and egress to the subdivision owned by William Shreiver to village Lane because: (1) The:e is another, far less trafficked road with zero population that is as available onto which access to the development can be secured. (2) Village Lane, Orient's heavily trafficked main thoroughfare is narrow, congested and it's environs has a large population of children. Town traffic ordinances allows only west side of the street parking in the area of the subdivision. Permitting the opening of a road connecting the subdivision with Village Lane will create a greater congestion problem, but will endanger the lives of the many children in the area. (3) The resid=nts ef village Lane should not be asked to'bear an unnecessary increase in the noise level inherent with an inc,:ease in traffic. We ask the Town not to permit the construction of any 'road that will serve as an ingress and or egress to village Lane. ./ · PETITION We the un~ersigned residents of the hamlet of Orient, Town of Souti~ld, New York, do hereby OBJECT to the proposed road which will serve as an ingress and egress to the subdivision owned by William Shreiver to village Lane because: (1) ~here is another, far less trafficked road with zero )~opulation that is as available onto which access to the development can be secured. (2} village Lane, Orient's heavily trafficked main thoroughfare ?~ narrow, congested and it's environs has a large population ¢~ children. Town traffic ordinances allows only west side of the str~et parking in the area of the subdivision. Permittin9' tk¢ opening of a road connecting the subdivision with village Lene will create a greater congestion problem, but will (~ndanger the lives of the many children in the area. (~} The re~,idents of Village Lane should not be asked to"u'ea ~ an unnecessary increase in the ncise level inherent with an iDcrease in traffic. Wa ask the Town not to permit the construction of any 'road that will serve as an ingress and or egress to Village Lane. ~!Eq'ITION We the undersigned resident~~ of the hamle'~ of o~ienL0 Town of Southold, New York, do hereby OBJECT to thc.'-~< .posed road which will serve a.=. sn ingress and egress to the subdivision owned by William Shreiver tc village ',ane because: (1) There is another, far l~3s traf,~icked road with zero population that is al, available onto which access to the (2) Village Lane, Orient's heavily arafficked main thoroughfare is narrow, congested and it's environs has a large population c.f children. Tov. n traffic ordi.~ces allows only west side of the street parking in the area'~ of the subdivision. Permitting the opening of 5 road connecting the subdivision with village Lane will create a greater congestion problem, but will endanger the lives of the ma.:y children in the area. (3) The residents of Village Lane should not be asked to ~mear ~n unnecessary increase in the noise level inherer, t w~i?'~ ~.n increase in traffic. We ask the Town thme will serve NAMJ~ not to permit the constructio~ of any 'road as an ingress and or egl.pss to village Lane. ADDRESS .DATE PETITir~N We the undersigned residents of the hamlet of Orient, Southold, New York,, do hereby OBJECT to the proposed will serve as an ingress and egress to the William Shreiver to village Lane because: (1) There is another, far ]e~s trafficked Town of road which subdivision owned by road with zero population that is as available onto which access to the d~ve]opm(~,nt can be secured. (L) Village Lane, Orient's heavily trafficked main thoroughfare ~.' :,~'rrow, congested and it's environs has a large population o~ children. Town traffic ordinances allows only west side ok the street parking in the area of the subdivision. Permitting the ~pening of a road connecting the subdivision with village L=ne will crea~-e a greater congestion problem, but will endanger the lives of the many children in the area. ~. , ~.ne r~sidenL~: of Village Lane should not be asked toe'ear -nnc~ ....... 5 zncrea~a in thc noise level inherent ~it~ an increase in traffic. We ask the Town not to permit the construction of any 'road that '~' ' wlzz serve as an ingress and or egress to Village Lane NAME ADDRESS, '~' PETITION We the undersigned residents of tP, e hamlet o~ Orient, 'to'wu of ~outhold, New York, do hereby OBJECT to the proposed road which will serve as an ingress and egret, s to the subdivision owned by William Shreiver to Village Lane because: There is another, far less tr~fficked road with zero popul~.tion that is as available onto which access to the development can be secured. (2) village Lane, Orient's heavily trafficked main thoroughfare is narrow, congested and it's envf.rons has a large population of children. Town traffic ordinances allows only west sid~ of the street parking in the area of the subdivision. Permittin~ the opening of a road connecting the subdivision with village I~ne will create a greater congestion problem, but will endanger the lives of the many ch~[ldren in the area. (3) The residents of Village Lane should not be asked to'bear au unnecessary increase in the noise level inherent with an increase in traffic. We ask the Town not to permit the construction of any 'road that will serve as an DATE NA~4E ingress and or egress to Village Lane. ADDRESS PETITION We the undersigned residents of the hamlet of Orient, Town of Southold, New York, do hereby OBJECT to the proposed road which will serve as an ingress and egress to.~he subdivision owned by William Shreiver to Village Lane because: (1) There is another, far less trafficked road with zero population that is as available onto which access to the development can be secured. (2) Village Lane, Orient's heavily trafficked main thoroughfare is narrow, congested and it's environs has a large population of children. Town traffic ordinances allows only west side of the street parking in the area of the subdivision. Permitting the opening of a road connecting the subdivision with Village Lane will create a greater congestSon problem, but will endanger the lives of the many children in the area. (3) The residents of Village Lane should not be asked to bear an unnecessary increase in the noise level inherent with an increase in traffic. We ask the Town not to permit the construction of any road that will serve as an DATE ingress and or egress to Village Lane. ADDRESS ?~TIT!©N We the under,signed residents of the hamlet of Orient, Town of South¢,16, New York, do hereby OBJ~CT to the propcsed road which will serve s~ an ingress and egress to the subdivision owned ~ William :3hreiver to village Lane ~Decause: (i) There is another, far les~ tr~.fff~cked road with zero ~n~u].atior~ theft ~.s a~ ~,.v~lnb].e o~to which acces~ to the ~evelopment can be secured. ~} village Lane, orient's heavilf trafficked main ~;horoughfare .. D~.,r,.cw, congested and it's environs has a large pop%l~-tion uf children. 5~own traffic ordinances ~.llows only west sid*~ of the street parking in the area o~ the subdivision, pe~.'.tting the open:;ng of a road conn~ctinq the subdivision with vi:.lage Lane will create a greater congestion problem, but will endanger the lives of the many (l~ildren in the area. {?) ',:he residents of village Lane should not be aske~ to Lb'e~;r ~ unnec%n;cary increase in the noise levc! inheren~ with ~n irc,;ease in traffic. ?sk the Town not to permit the construction of any 'road will s~vL~ as an ingress and or egress to V!,~SIs,ane~ PETITION We the undersigned residents of the hamlet of Orient, Town of Southold, New York, do hereby OBJECT to the proposed road which will serve as an ingress and egress to.~he subdivision owned by William Shreiv~r to village Lane because: (1) There is another, far less trafficked road with zero population that is as available onto which access to the development can be secured. (2) village Lane, orient's heavily trafficked main thoroughfare is narrow, congested and it's environs has a large population of children. Town traffic ordinances allows only west side of the street parking in the area of the subdivision. Permitting the opening of a road connecting the subdivision with village Lane will create a greater congestion problem, but will~ endanger the lives of the many children in the area. (3) The residents of village Lane should not be asked to bear' an unnecessary increase in the noise level inherent with an increase in traffic. We ask the Town not to permit the construction of any road that will serve as an ingress and or egress to village Lane. NAME :SS Seotember 23, ]-974 Mr. William ~chriever Main Road 0rient, New York 11957 Dear Mr. Schriever: We understand you are proceeding with road con- struction which is within your rights but we would think that you would be well-advised to notify the Highway Depar'tment and the Highway Inspector before Starting any major cohstruction. We feel this might save you a good deal of trouble and expense at a later date. Yours tmuly, ~/mb John Wickham, Chairman Southold Town Ptannin~ Board TOOKER, TOOKER & ESSEKS 108 EAST ~IAIN STREET January 18, 1974 Mr. John Wickham, Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: William W. Schriever Dear Mr. Wickham: I wish to thank you for communicating with the Health Department's Board of Review in connection with the application of William W. Schr±ever. I had advised Mr. Schriever that you would have a letter to be delivered to the Health Department and that it would be available between 12:00 noon and 1:00 p.m. Apparently there was a communications problem and Mr. Schriever appeared at an earlier hour. Nevertheless I understand that the letter was transmitted to the Health Department's Board of Review and I wish to thank you for your efforts and assistance. Very truly yours, Charles R. Cuddy~/ CRC/pc January 17, 1974 ~r. Aldo Andreoli, P.E. Chairman, Board of Review Suffolk County Department of Health H. Lee Dennison Executive Office Building Veterans Memorial Highway Hauppauge, New York 11787 Dear Hr. Andreoli: The Planning Board of the Town of Southold has been trying to work OUt a reasonable approach to development of the property in Orient ovaaed by ~lr. William Schriever which will be presented to your board this afternoon, January 17~ 1974 at 2:30 p.m. had hoped to attend this hearing personally but complications have arisen so I would like to take this oppSrtunity to present the thinking of the Planning Board on this development. AS you know, this Board has been attempting to encourage clustering wherever possible in order to accumulate open space. Purther~ we require a perpetual easement or the equivalent to make sure at some future time it is not developed. In most cases the Town Ordinance states that agrlc.llt~ire aha!l be the preferred use for such open space. I would further like to point out that umter the provisions of the clusterln& ordinance of the Town of Southold, no require- ment of the residential area may be reduced more than 50% nor may clustering be used in any except the residential zone. This means that no lot may have less than 20,000 square feet nor 75 foot highway frontage. In this particular case, the lots are larger than tbs ~inim~m required and can be made to include 40,000 square feet without undue hardship. It is the £eeling o£ this Board that £rom a practical matter the health o£ any occupants o£ houses to be built on these lots would be in no way changed by the ~anner in which the rear area o£ the lots sight be handled. I£ this Board can be o£ £urther assistance in this matter we would be glad to have you or one o£ your men contact us and we wish to assure you o£ our exteem and cooperation. Very sincerely, JW/mb cc: Jharlea William Schriever John Wickham, Chairman Southold Town Planning Board TOOKER, TOOKEr & E$SEk$ COUNSELORS AT LAW P. O. Box ~68 January 16, 1974 Town of Southold Planning Board Main Road Southold, New York 11971 Re: William Schriever Gentlemen: Confirming our discussions during the appearances before you by Mr. Schriever and myself it is my understanding that the proposed cluster development by Mr. Schriever including 14+ acres at Orient, New York, is generally acceptable to the Planning Board with the following exceptions: (1) Determination must be made as to the proposal to convey certain open space areas, constituting 1.4 acres, to adjoining property owners; (2) The parcel at the southeast corner of the proposed map, which is partly in business zoning and partly in residential zoning, must be showm on the map and its proposed uses appropriately indicated. When the foregoing matters have been resolved and the Board advises whether the proposed road from Tabor Road to Village Lane is to be a through street or is to end in a cul-de-sac at Village Lane, then Mr. Schriever will submit preliminary plans in accordance with your require- ments. As indicated to you, we wish to do this as promptly as possible and therefore ask that you advise us if there are any other conditions or considerations which you wish to have us comply with prior to submission of the preliminary map. Thank you. CRC/pc cc: Mr. William Schriever Very truly yours, Charles R. SUFFOLK COUNTY DEPARTMENT OF HEALTH LEE DENNISON EXECUTIVE OFFICE BUILDING VETERANS MEMOF~IAL HIGHWAY HAUPPAUGE, NEW YORK 11787 January 2, 1974 Mr. Charles R. Cuddy Tooker, Tooker & Esseks Counselors at Law 108 East ~in Street Riverhead, New York 11901 Re: Orient Property Town of Southold Dear Mr. Cuddy: Your request to appear before the Board of Revdew of the Suffolk County Dep~rtment of Health Services has been received. A review of your case has been scheduled at the H. Lee Dennison ~xecut~ve Off~ce Building, Hauppauge, New York, in the Suffolk County Department of Health Services Conference Room, 9th Floor, on Thursday. January 17, 1974 at 2:30 p.m. AA/eh Mr. Robert A. Villa, P.E. Mr. Peter J. Majkowski Mr. James Heil / Chairman, Planning Board Very truly yours, A]do Andreoli, P.E. Chairman Board of Review TOOKEr, Toot<er & Esseks COUNSELORS AT LAW IO8 E^S? MAIN STREET P.O. Box ~68 January 11, 1974 Mr. John Wickham Town of Southold Planning Board Main Road Southold, New York 11971 Dear Mr. Wickham: As you are aware, William Schriever of Orient has proposed a cluster development for 16+ acres of property at Orient. We have previously appeared before the Planning Board with this proposal and are scheduled again to appear before the Board on January 15, 1974. We have presented the enclosed plan to Messrs. Villa and Hell of the Health Department and they indicated to us that it would be necessary to appear before the Board of Review since a clustering concept was involved and the lots would be smaller than one acre. We have now been informed by the Board of Review that a hearing on our application is to be held on January 17, 1974, at Hauppauge at 2:30 p.m. In this connection Mr. Andreoli has indicated to us that it would be helpful to have your recommendation with reference to Mr. Schriever's clustering concept. I realize that it is an imposition to request that you appear with us, however, I!'have no alternative but to make that request since there is no other way that your views could be made known to the Board of Review. Perhaps you had experiences in the past which will permit introduction of a letter from you to the Board. If this is so, I respectfully request that, on the presumption that this plan is acceptable to you and the members of the Planning Board, you forward a letter to that effect to Mr. Andreoli. Mr. John Wickham Town of Southold Planning Board January 11, 1974 Page 2 I would be pleased to hear from you to know whether it will be possible for you to attend the Board of Review's meeting and ask that you telephone me, at your convenience. Very truly yours, CRC/pc Enc. "cO&IS 50 ~, /, January 2, 1974 ~har?es R. ruddy, Esq. Tooker, Tooker ~% Esseks, Esqs. 108 East Main SI:reef Riverhead, New l~rk 11901 Dear Mr. Cuddy: Re: Schriever property Orient I have scheduled an appointment £or you and Mr. Schriever £or the regular meeting o£ the Planning Board on January 1974 at 8:00 At that time the Board will review the maps. Yours truly, Muriel Brush, Secretary $outhold Town Planning Board Copy to ~r. ~llliaa Schriever December 21, 1973 ~'~arles R. C~ldy; Tooker, Tooker ~ ~aaek~, 108 ~ast P~in Street Riverhead, New York 11901 Dear ~r. ~uddy: ~e are in receipt o£ your letter o£ December 17~ 1973 ~bigb included the sketch plan £or property being purchased by William W. Schriever at Orient together ~ith proposed £or~ o£ covenant. We are unable to schedute ~ou £or our meeting o£ Dectmber 27, 1973 and will schedule ~ou £or our £1rst meeting in January. You will be notified as to the date and time ~or your appointmeat. Your~ truly~ Copy to ~r. William Schriever M~riel Brush. Secretary Southold To~m Planning Board TOOKEr, TOOKER ~ ESSEK$ RIVERHEAD. N y. 1~901 December 17, 1973 Mr. John Wickham Chairman of Southold Town Planning Board Main Road Southold, New York 11971 Dear Mr. Wickham: We are enclosing a copy of a sketch plan for property being purchased by William W. Schriever at Orient, New York. We had appeared before your previously and indicated that this proposal involves a cluster concept and development of eleven building lots together with the appropriate open space area. In order to straighten existing lots lines along the southerly boundary of the open space Mr. Schriever proposes to exchange certain parcels of property with the adjoining owners. This exchange will not involve the addition or substraction of any land from the total acreage which is to be developed. In addition it is pro- posed to convey certain irregular parcels along the westerly boundary of the property (the Village Lane side) and along the southerly boundary (the Orchard Street side) to adjoining owners~ As discussed with you, Mr. Schriever is willing to covenant with reference to these parcels which he proposes to convey to adjoining owners to the effect that these parcels will not be improved or developed unless special permission is given by the Planning Board. We enclose a proposed form of covenant. Mr. John Wickham Chairman of Southold Town Planning Board December 17, 1973 Page 2 We ask that you place this matter on your calendar for the next meeting of the Planning Board, which we understand to be scheduled for December 27, 1973, so that we may obtain approval of the layout and proceed to make submission of the preliminary plat. CRC/pc Encls. Very truly yours, Charles R. Cuddy~J .DECLARATION (~ COVEt~NTS AND R_~TRI~iONS WITNF. SSETH: That WilliamW. Schriever being the record o~ner of all that property hereinafter described does hereby declare for himself, b~8 successors and assigns, in consideration of the premfmee, and hereby makes known, publishes and declares, covenants and agrees that the premises hereinbelo~ described shall, hereafter be subject to the covenants and restrictions hereinbelo~ e~erated which shall be '' conslaered to be real covenants run~t~with the laded and binding upon all purchasers, o~ners, mortg~s, lienors and such other persons acquiring an interest there~n or of any portion of said premises, an~ chair respective heirs~ executors, administrators, successors and assigns, which covenants and restrictions shell be and remain in full ~:orce and affect from the date of the recordin8 of the within instrument entil the fi~ day of January 19 , when they shell cease and tere~[nate. Real Pro~rty Affected (robe described) ~ove~ants, s~ e~tricti~ The 0a~:eels here~n described shall be burdened and hereby are burdened with an easement oermitting development subject to the approval .. of the Planning B~ard of the To~n of Southold. It is the intent m~d purpose of these covenants and restrictions to preserve said described areas as open and scenic areas for :he benefit of thos,~ persons costing into ownership of said arem and for those persons ~ho o~n property contisu~s and a~eent to said described areas, subject to the permission to develop or improve said areas as ~ay be pet~nttted [rom time to time by the planning Board of the To~n o[ Southotd- ~ --~tective c~e~nts and ~est~tctions se p~ .-- -~ land and be bindi~ upon alt ~rc~sers, ~d other pe~sons ~qutrinE interest in sato described parcels. shall violat assigns _~ ~strtc~tons en~rated [ the C~e~n~s ~ny ~_ ~r shall isil co enforce said C~e~n~s ~he~ person or ~sons the herei~b~e ~acribed premises to p~osecute at ta~ or in ~uity t~ persons ~otati~ or att~i~ to v~ate ~Y such C~e~t and eitM~ prevent them [r~ so doin~ or to ~eco~r ~or such violation. It is expressly understood and a~reed t~t t~ [ore~oin~ C~e~nts ~d ~strictias a~e ~tended to cover ~he above describe~ real property only and a~e not to be extended to ~Y other p~ope~tY o[ ~illtam ~- Schriever, n~ ~d or subseq~ntt2 acquired, by implication o~ othe~tse; and it is expressly underst~d that the~e is no oblitation ~xec~o~s a~n~s~a~o~s ~ successors and ass~us~ ~o ~hich they ~Y acquire. -2- TOOK~:R, TOOKER & ESSEK$ June 20, 1973 Mr. John Wickham, Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Dear Mr. Wickham: Confirming our d' · zscusszon at the time William Schriever of Orient, New York, appeared before the planning board on June 13, 1973, it is my understanding that the planning board will confer with the Town Board respecting the question of clustering and returning certain portions of the vacant land to adjacent owners with the stipulation that the land remain vacant. Realizing that Mr. Schriever's plan for some sixteen (16) acres at Orient, New York, involves a number of proposals, we would be pleased to meet with both the Town Board and planning board at your convenience to further discuss these proposals. CRC/pc Very truly yours Charles R. Cuddy TOoKE~, TOoKER ~ ESSEKs F~V~HE'AD, N. ¥. II901 June 6, 1973 Southold Town Planning Board Town Office Main Road Southold, New York 11971 Gentlemen: This Will confirm my recent t~lephone conversatio wherein I advised that this firm represents William Schriever of Orient..Mr. Schrlever ro develop, the 15 acre ' P o ClUSterln= ~_ Site at Or~-~ t ~ See to Business ; ~uucept and also wi;E~ ~asea on the --~ Eo extend the zone a short distance at Tabor Road. We have this date received a notice from your office that this matter is on the for Preliminary planning board calendar consideration for June 13, 1973 at 8:10 P.m. and we will appear at that time.' CRC/pc Very truly yours, Charles R. Cuddy ~ LASER FICHE FORM SUBDIVISIONS Protect Type: Maior Status: Expired SCTM #: 1000 - 25.-2-13 Protect Name: Orient Villa,qe/Schriever Location: Off of Tabor Road and Orchard Street in Orient Hamlet: Orient Applicant Name: William & Barbara Schriever Owner Name: William Schriever Zone 1: Approval Date: /k/cF PLAT Si.qned Date: OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: C and R's ' Homeowners Association ' R and M Agreement: Address: County Filing Date: Zone 3: SCANNED AUG 3 20O6 l Records Management SCAN Date: J i /' e' r /' 7'0 ~E Of IEtV,T 0.~ ,5 UBDIM'J I OAI Vr/L L,,3 G.E ll~ ,,~' ~.n 'f---¥,~'I&~.., ....... -~'ri~. ........... '~_?..~..~ ~.~ "~,,~ ~ ~ _~,~..~ ,.~ ~ ~ ~_ ~ ,,,~ ~ - . ~ / ~ /' ~ ,~,~ ~ ~ , .~c ~ ~ '~- ' ,=::~ ~> /~'~ / : ~ ,o ~. ~ ..- ~ '/ :/ ~/ ~ ~ ~: ,.~ :l ~, ~ .~,. ~.~4 ~ .. 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