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APPROVED BY
PLANNING BOARD
TOWH OF SOUTHOlD
TE F B 2 6 1996
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SURVEY FOR
LOT tIlE CHANGE
ATMATnTUCK
TOWN OF SOUTHOLD
SUFFOLK COlMTY, NY.
1000 - 141 - 02 - 1$ & 216
Sew.: 1" = 40'
.June 27, _5
Aug. 2, /995 (Revisions)
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STANLeY e. 8. SHARON M. SWANSON
3325 ROUTE 'IS..
MATT/TUCK, N.Y. 1/952
,ROBERT D. HAItIIL rON
P.O. 80X ZO/
F>ECONIC, MY. 1/958
CONTOUR LItES AND et.(VA TION$ A~.
~D TO THE F7VE: ,eASTERN TOWNS
TO/IIOGRAPHIC MAPS
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PLANNING BOARD MEMBERS .
RICHARD G. WARD
Chairman
GEORGE RITCHIE LATHAM. JR.
BENNETT ORLOWSKI. JR.
WILLIAM J. CREMERS
KENNETH L. EDWARDS
.
Town Hall. 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
February 27,1996
Dunewood Truglia, Esq.
P.O. Box 222
New Suffolk, NY 11956
Re: Lot line change for Stanley & Sharon Swanson and Robert Hamilton
SCTM# 1000-141.2.15 & 21.5
Dear Mr. Truglia:
The following took place at a meeting of the Southold Town Planning Board on
Monday, February 26, 1996:
BE IT RESOLVED that the Southold Town Planning Board authorize the Chairman to
endorse the final surveys dated August 2, 1995. Conditional fi~1 approval was
granted on October 23, 1995. All conditions have been fulfilled. -
Enclosed please find a copy of the map which was endorsed by the Chairman.
. Please contact this office if you have any questions regarding the above.
enc.
cc: Tax Assessors
Building Department
.
.
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennen Orlowski, Jr.
Mark S. McDonaid
Kenneth L. Edwards
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD MEMBERS
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
October 24, 1995
Dunewood Truglia, Esq.
P.O. Box 222
New Suffolk, NY 11956
Re: Proposed lot line change for Stanley and Sharon Swanson
and Robert Hamilton
SCTM# 1000-141-2-15 & 21.5
Dear Mr. Truglia:
The following took place at the October 23, 1995 Planning Board public meeting.
The final public hearing for the lot line change for Stanley and Sharon Swanson
and Robert Hamilton was closed.
WHEREAS, Stanley and Sharon Swanson and Robert Hamilton are the owners of
the property known and designated as SCTM# 1000-141-2-15 & 21.5, located on
Horton Ave. and Oak St., Mattituck; and
WHEREAS, this lot line change, to be known as lot line change for Stanley and
Sharon Swanson and Robert Hamilton, is to subtract 8,129 square feet from a
35,389 square foot parcel and add it to a 44,094 square foot parcel; and
WHEREAS, the Southold Town Planning Board, pursuant to the State
Environmental Quality Review Act, (Article 8), Part 617, declared itself lead
agency and issued a Negative Declaration on September 11, 1995; and
WHEREAS, a variance was granted by the Zoning Board of Appeals on
September 13, 1995; and
.
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Page 2
Proposed lot line change for Swanson/Hamitton
October 24, 1995
WHEREAS, a final public hearing was closed on said lot line change application
at Town Hall, Southold, New York on October 23, 1995; and
WHEREAS, all the requirements of the Subdivision Regulations of the Town of
Southold have been met; be it therefore
RESOLVED, that the Southold Town Planning Board grant conditional final
approval on the surveys dated August 2, 1995 and authorize the Chairman to
endorse the final surveys subject to fulfillment of the following condition. This
condition must be met within six (6) months of the date of this resolution:
1. The filing of new deeds pertaining to the merger of the 8,129 square feet from
the 35,389 square foot parcel SCTM# 1000-141-2-21.5 with the 44,094 square
foot parcel SCTM# 1000-141-2-15.
A copy of the recorded deed must be presented to the Planning Board prior to
endorsement of the final survey.
Please contact this office if you have any questions regarding the above.
tf1Y~
ard
..:"'. .....
THIS LOT LINE CHANGE BETWEEN S1nI'lIe~ 1- SharOl'l SLoal'lson
Robert .v. lialTlilton IS LOCATED 0
IN Ml tHtuuc SCTM# 1000- 1'+1.1.-/5' !-'z/.S'
AND
-.....
LOT LINE CHANGE
Complete application received
Application reviewed at work session
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Applicant advised of necessary revisions
Revised submission received
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Lead Agency Coordination
SEQRA determination
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Sent to County Planning Commission
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Review of SCPC report
Draft Covenants and Restrictions received
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Draft Covenants and Restrictions reviewed /,.1 V
Filed Covenants and Restrictions received ~?--'
:2..B.A, (~~.) oK'"
Final Public Hearing (se-t- ~ "I))1t( ~
Approval of Lot Line
-with conditions
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Endorsement of Lot Line
ms 1/1/90 i~
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APPLICATION FOR APPROVAL OF PLAT
To the Planning Board of the Town of South old :
The undersigned applicant herehy applies for (tentative) (final) approval of a subdivision plat in
accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town
Planning Board, and represents and states as follows:
1. The applicant is the owner of record of the land under application. (If the applicant is not the
owner of record of the land nnder application, the applicant shall state his interest in said
land under application.)
2. The name of the subdivision is to be . .lDt.Line.change. in.Fi~.~ .j/<;l;3.4.~,.~ D.
Hamilton Subdivision; transfer of triangulJar piece, Hamilton to SWanson.
................................................................................................
3. The entire land under application is descri bed in Schedule" AU hereto annexed. (Copy of deed
suggested.)
4. The land is held hy the applicant under deeds reenrded in Suffolk County Clerk's nHice as
foHows:
Hamiton
SWanson
Liber . ll377. . . . . . . . . . . . . . . . . Page
Liber . ~.O.~~g. . . . . . . . . . . . . . . .. Pag-e
. .124.................
507
On
lln7/.9.J.... S.CTI1. ;L.QQ9-141-2-15
4/6/89
............. SCIMI006-141-2-21
On
Liber ........................ Page
On
........................
Liber ........................ Page
On
........................
Liber ........................ Page
On
..
.......................,
as devised under the Last Will and Testament of .......................................
or as distributee
........................................................................
..............................................................................................
5. The area of the land is .~,;t..2.~ .~r 3...... ~.
....
Ii. All taxes which are liens on the land at the ,laic hereof have heen paid ~ ............
...............................................................................................
7. The land is encumhered by . .I.l9~ . . .. .. .. . . . . . . . . . . . . . . .. . . . . . . .. . . .. . . . . . ... . . . . . . . . . . ,
mortgag-e (s) as follows:
(a) Mortgage recorded in Liber .............. Pag-e ............. . . ... in original amount
nf $. . . . . . . . . . . . .. unpaid amount $ ..... . . . . . . . . . . . . . . .. held by
. . . . . . . . . . . . .. address .................................................................
(b) Mortgage recorded in Liher ......... Pag-e ....................... in nriginal amount
"
of .............. unpaid amount $...... ....... ......... held by ..... \I .~. ~.\!J ~ ~
. . . . . . . . . . . . .. address ........................................ @1 . . . ~~~ .; . ~. \C]O~i ' ,~ \
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(c) Mortgage recorded in Liber .............. Pag-e ................ in original amount
of .............. unpaid amount $...... . . . . . . . . . . . . . ... held hy ......................
. . . . . . . . . . . . . . . . . . . . .. address
8. There arc no other encumbrances or liens Clg-ainst the land except.. t1.q~~................
.. f II' . I" R-40, Area Variance applied for on the
9. The land hes In the 0 oWing zoning use (Istncts .......................................
Hamilton parcel to effectuate this IDt Line Cllange
........................................................................................
10. !'\O part of the land lies under water whcth cr tide water, 5tream. pond water or otherwise, ex~
cept ...~............................
11. The applicant shall at his expense install all required public improvements.
12. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis.
. 'f .'1' D' t' . n/a
trlct, I ''It 1111 a 1S Tlet, IS ................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I.l. Water mains will be laid by ... P./iil. . . . . . . . . . . . . . " . . . . .. . . . . . . . . . . . . . . . . . . . . . .. .. . . ., . .
and (a) (uo) charge will be made for installing said mains.
...
14. Electric lines and standards will be installed by .. !:('!-. . . . . . . .. . . . . . . . . . . . . . . .. . . .. . . . ...
lines.
and (a)
(no) charge will be made for installing said
15. Gas mains will be installed by .... .~!?.................. '~""""""""""""""'"
and (a) (no) charge will be made for installing said mains.
16. If streets shown on the plat arc claimed bv the applicant to be existing- public streets in the
Suffolk County Highwny system, allt1ex~ Schedule fill" hereto, to show same.
17. Jf ~treets shown on the plat are claimed by the applicant to be existing public str~cts in the
Town of Southold Highway system, annex Schedule lie" hereto to show same.
18. There arc no existing' buildings or structurc~ 011 the land which arc lIot located and shown
on the plat.
19. \Vhere the plat shO\\TS propo~cd streets \\' hich :tTC extensions of streets 011 adjoining sub-
division maps heretofore filed, there are 110 reserve strips at the clllI of the streets on said
existing- maps at their conjunctions with the propo5(.'d ~treets.
20. In the course of these proceeding's, the applil'nnt wilt offer prooF of title as required by Sec.
335 of the Rcal Property Law.
21. Submit a copy of proposed deed for lot~ showing' all rf;'strktions. covenants, etc. Annex
Schedule flD".
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22. The applicant estimates that the cost of grading- and required public improvements will he-
$. . O. . . . . .. as itemized in Schedule 'lEU hereto annexed and reque!'ts that the maturity of the
Performance Bond be fixed at . . n/.a. . . . . . .. years. The Performance Doml will be written by
a licensed surety company unless otherwise shown on Schedule HF".
..........1/'1...........,
19. r.rS:t;clI).:).~ .~~~. flffi.$!lAAq~. ~~.....
(Name of Applicant)
BY-.~~..'Jb?6'dYl,.~
(S~~~:~ Title)
DATE
~3.25. ~~~. 4B... .f:'Ii:i!:.9:uc;:k.'. .~. ~.l~??........
(Ad,lres.)
ST,\TF. OF ~E\V YORK. COUNTY OF .SUFF.OlK......................., ss:
On the
....... f. .~.... day of... .~g:qfit.................., 19~?.... before me personally came
Stanley. Swanson.and .sbilrnr\.SW.anson.... to me known to be the individual described in and who
,'xccuted
the foregoing i_nil ~'J11I11" -- \Vled~....... executed the same.
~~~r~ ~~.J.:.~~.(~~...~.
Notary Public
ST.\TE OF NEW YORK. COUNTY OF
55 :
.....
On the. .. . . . . . . .. . . . .. day............ of ............... 19......, belore me personally came
. . . . . . . . . . . . . . . . . . . . . . . to me known, who heing by me duly sworn did de.
po~e alH1 ~;ay that. . . . . . . . . .., resides at No. ....................................................
. . . . . . . . . . . . . . . . . . . . . . . . . . . that .......................... is the ..........
.................. of
..........................................................................
the corporation descrihed in and which executed the fon'g-oing" instrument; that............ knows
tlw ~eal of said l'orporation; that the seal affixed by order of the board of directors of said corpor:J.tion.
:lIltl Ih~l ..,......... signed.............. name thereto by Jike order.
Notary Public
"
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August 3,1995
Southold Town Planning Board
Town Hall
Southold, NY 11971
Re: Lot Line Change, Triangular Piece from Hamilton to Swanson,
Horton Avenue, Mattituck, NY;
Suffolk County Tax Map # 1000 -141- 02 - 21.5 (Hamilton Property)
Suffolk County Tax Map # 1000 -141- 02 -15 (Swanson Property)
Gentlemen:
The following statement are offered for you consideration in the review of the
abovementioned minor subdivision and its referral to the Suffolk County Planning
Commission:
1. No grading, other than foundation excavation for a residential building is
proposed.
2. No new roads are proposed and no changes will be made in the grades of
the existing roads.
3. No new drainage structures or alteration of existing structures are
proposed.
Very truly yours,
~o~ ...~.~
~ h(,~ (f)] V1I. ~.l)1{ h1~
Sharon Swanson
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LETIER OF CONSENT TO PURCHASE
August 3,1995
Southold Town Planning Board
Town Hall
Southold, NY 11971
Re: Lot Line Change, Triangular Piece from Hamilton to Swanson,
Horton Avenue, Mattituck, NY;
Suffolk County Tax Map # 1000 -141- 02 - 21.5 (Hamilton Property)
Suffolk County Tax Map # 1000 - 141 - 02 - 15 (Swanson Property )
Gentlemen:
The undersigned parties, hereby consents to purchase from Hamilton, owner of
property located on Horton Avenue, Mattituck, NY, shown on Suffolk County Tax Map
as # 1000 -141 - 02 - 21.5, a triangular piece of approximately 8,129 square feet in area,
plus or minus, which will be deeded to the undersigned and thereafter merged with
the undersigned's existing parcel.
This transfer is part of a settlement reached in an action entitled Swanson v. Hamilton, et
al; Supreme Court, Suffolk County, Index No. 94 - 12702. Said action was commenced
to impress an easement by prescription over a dirt drive running between the property
of Swanson and the property of Hamilton. As part of the settlement, the parties have
agreed to transfer an irregular triangular piece, for a valuable and fair consideration, as
a means of settling the easement dispute between themselves.
1/<I/r~ -~~
JJ hCUJm1 YYJ, ~ )("vYlXl mJ
Sharon Swanson
Dated:
n before methi. E..y of 4~ 1995.
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Notary Public _ ~~:"
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PLANNING BOARD
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617.21
Appendix C
Slate Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT ISPONSOR 2. PROJECT NAME
Stanl SWanson / Sharon SWanson IDt-line Change: Hamilton to SWanson
3. PROJECT LOCATlO~ttituck, NY Suffolk
Municipality County
.c. PRECISE LOCATION (Street address and road Intefsections. prominent landmarks. etc., or provide map)
SWanson Property SCTM #1000-141-02-15 Hamilton Property SCTM #1000-141-02-21.5
Pieeeto be cOnveyed is westerly irregular triangular portion of rot #3 of the Ibbert D.
Hamilton Subdivision; Filed Map #9343; SWanson street address 3325 Rt. 48, Mattituck, NY
.
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14-16-. (2187)- Text 12
I PROJECT 1.0. NUMBER
SEaR
5. IS PROPOSED ACTION:
~ New 0 Expansion 0 Modiflcallon/allerallon
6. DESCRIBE PAOJECT BRIEFLY:
As part of a settlement of Sup. ct. Suffolk Cbunty #94-12702, SWanson v. Hamilton, Hamil
will oorwey by deed and SWanson will prrchase an irregular triangular p~ece of Hamilton's
land ( approx. 8,129 sf ) in order to settle a dispute between these adjoining property
owners over the use of an existing dirt drive running fran SWanson's land over Hamilton's land.
1. AMOUNT OF LAND AFFECTED:
Initially acres Ufllmately acres 8,129 sf i
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
D Vee 0 No II No. de,c"be briefly While there will be no change as to character or use of
land affected, Hamilton's parcel will be sub-standard in area and must have an area var
granted in order to facilitate said lot line change. ...
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
GO Residential 0 Industrial 0 Commercial 0 Agriculture 0 ParkfForestlOpen space DOlher
Descrobe: Residential adjoining properties not affected by lot line change since there wil
be no change in the character or use of either property.
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM~NY OTHER GOVERNMENTAL AGENCY (FEOERAl.
STATE OR LOCAL)? .. .
DYes IXJ No If yes, list agency(s) and permltfapprovals
11. DOES ANV ASPECT OF THE ACTIOtI HAVE A CURRENTLV VALID PERMIT OR APPROVAL?
DYes lKkNo If yer., list agency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REOUIRE MODIFICATION?
Dve. ~NO
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor
Su-JA'-6D~
Signature:
If the action Is In the Coastal ArBa, and you are a state agency, complel
Coastal Assessment Form before proceeding with this assessment
....
OVER
1
PART II-ENVIRONMENTAL ASSE NT (To be completed by Agency)
A. DOES ACTION exceeD ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.127 If yes, coordinate the review process and use the FULL EAF.
DYe. DNa
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRA. PART 617.67
may be superseded by another Involved agency.
DYe. DNa
c. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may e handwritten, If legible)
Ct. Existing air qualUy, surface or groundwater quality or quantity, noise levels. existing traffle patterns, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain briefly:
.
If No, . negallve d8(;laraUon
C2. Aesthetic, agricultural. archaeological, historic, or other natural or cull ural resources; or community or neighborhood character? Explain briefly:
C3. Vegetation or fauna, fish, shallflsh or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
.
C4. A community's existing plans or goals as officially adopted, or a change In use or Intensity of use 01 land or other natural resources? ExplaIn brIefly
C5. Growth, subsequent development, or related activities likely to be induced by 'he proposed action? Explain briefly.
CG. Long term, short term, cumulative, or other effecls not Identified In C1.C5? Explain briefly.
C7. Other Impacts (Including changes In use of either Quantity or type of energyl? EXplain briefly.
""
D. IS THERE, OR IS THERE LIKELY TO eE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
D~s DNo IfY",expla~b~lly .
....
PART III-DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect Identified above, determine whether It is substantial, large, Important or otherwise slgnJfleant.
Each effect should be as.essed in connection with Its la) setting (I.e. urban or rural); (b) probability or occurring; lc) duration; (d)
irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse Impacts have been Identified and adequalely addressed.
o
o
Check this box if you have Identified one or more potentially large or significant adverse Impacts which MAY
OCCUL. Then proceed dlrectiy to the FULL EAF and/or prepare a posltiye declaration.
Check this box If you have determined, based on the Information and analysis above and any supporting
documentation, that the proposed action WILL NOT result In any significant adverse environmental Impacts
AND provide on attachments as necessary. the.reasons supporting this determination:
Name of lead Agencv
Prml or ',"'pe Name of Re~ponsibie Officer in lead ^Iency
Tille of Re~ponsibte Officer
Stlnature of Re~ponsible Officer in lead ^Iencv
Signature of Prt'parer (If different from responSIble oUicer)
....
Date
2
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Southold. N.Y. 11971
(516) 765'1938
QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED
WITH YOUR APPLICATIONS FORNS TO TilE PLANND1G BOARD
Please complete, sign and return to the Offi,ce of the 'Planning
Board with your completed applications forms. If your answer
to any of the following questions is ~, please indicate
these on your guaranteed surveyor submit other appropriate
evidence.
1. Are there any wetland grasses on this parcel? Yes
(Attached is a list, o,f the wetland grasses defined
by the ~?wn Code, Chapter 97, for your reference)
2. Are there any other premises under your ownership ~
abutting this parcel? Yes
3. Are there any building permits pending on
this parcel? Yes
4. Are there any other applications pending
concerning this property before a~ other
department or agencY?(Town. State, ~ounty, etc.) Yes
5. Is there any application pending before
any other agency with regard to a different
project on this parcel?
Yes
6. Was this property the subject of any prior
application to the Planning Board? Yes
7. Does this property h.:lve .:I v.:llid certifiC.:ltc ~
of occup.:lncy, if yes please submit a copy of same~'
th.:lt the .:Ibove statements .:Ire true
Planning Board in considering ~his
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No
and will be relied
applic.:Ition.
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operty owner or .:IU
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Attachment to questionnaire for~the Planning Board
STATE OF NEW YORK, COUNTY OF SUFFOLK, ss:
On the 1f--"1. day of ~4, 19~ before me personally
came_$'" ~ S~ to me knOlvn to be the
individual described in and who executed the foregoing instrum(
and acknowledged that ~ ex
Notary Public
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DUNEWOODTRUGLlA
ATTORNEY AT LAW
First Street P.O. Box 222
New Suffolk, NY 11956
516-734-6450
Fax 516-734-5 152
February 16, 1996
Richard G. Ward,
Southold Planning Department
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971
Re: Lot Line Change, Triangular Piece from Hamilton to Swanson,
Horton Avenue, Mattituck, NY;
Suffolk County Tax Map # 1000 -141- 02 - 21.5 (Hamilton Property)
Suffolk County Tax Map # 1000 - 141 - 02 - 15 (Swanson Property )
Dear Mr. Ward:
On behalf of my clients, Stanley Swanson and Sharon Swanson, I submit herewith for
your records, a copy of the deed pertaining to the merger of 8,129 square feet from the
Hamilton property to the Swanson property in accordance with the approval given by
the Planning Department by letter dated October 24,1995, ( copy enclosed for your
convenience ).
The closing was held on Wednesday, February 14, 1996 and as soon as I have the
recorded deed back from the clerk I will again submit a copy, this time with the clerk's
stamp indicating that the deed was duly recorded in Suffolk County.
Please call if you have questions. Thanking you in advance for your consideration, I am
Very truly yours, .~
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Attorney for Swanson
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CONSULT VOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOUlD BI USED BV LAWYlRS
THIS INDENllJRE, mad. Ihe (L{-Il.~y ~1--ft1r~~(i~in~I..n hundr.d and ninety-si:
BElWEEN Hobert I). Hamilton, Jr., 8305 Cox Lane, Cutchogue,
N.ll. 11935
as executor of
Ih. lasl will and t.stam.nl
,Ial'
, deceas~
Robert D. Hamilton
party o( the flnt part. and
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Sharon Swanson, his wife, 'both residing at 33
N.ll. 11952
Stanley Swanson and
Rte. 48, Mattituck,
.
1.l<ly 01 Ih. second llarl,
WITNESSETH, Ihal Ihe parly ollh.e firslp"rl, by virlu, ,!l Ih. power and aUlhorily giv.n in and by Oid ,I
will and leslamer.l, and 11\ conslllerallun 01 twenty f:Lve hundred dollars ($2,50 I -
no/lOO doll-
paid by Ih. parly 01 Ih. s.cond pari, does h.r.by granl -
re!~asc uuto the party o( the second part, the heirs or successors and assign:; o( the party o( the second p
[orevc:r.
ALL that certain plllt, piece ur parcd o( land, with the Imildings ami improvements thereon erected, situ
lyiuJ: ami hciua; in the
See Schedule -A- annexed hereto.
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SOUTHUlD .10WN ,
PLANNi,NG c2!1i~.u.~j,
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TOGETHER wilh all righi, lille and inl.r"I, if any, ollh. party of lhe finl part in and to ,any slr."ls
roads abulling lb. aho.. d.serih"d pr.mis.. to Ih. c.nt.r lin.. th.reof; TOGETHER with Ih. appurl.nae
and also all Ih. ..Ial. which Ih. said d.c.d.nt llad al Ih. time of dec.d.nt's d.ath in said rr.ml..., and
Ih. eslal. Ih.rdn, which Ih'lirly ollh. firsl part has or has pow.r 10 conv.y or dispose 0 , wh'lh.r ind
",.lIy, or by virtu. 01 said wi I or olh.rwis.; TO HAVE AND TO HOLD lhe pr.mises her.in granled
Ihe parly of Ih. second part, lhe heirs or suce.ssors and as.igns of Ihe parly of Ih. accond pari for.ver.
AND Ih. party of th. firsl pari cov.nanls Ihal Ih. party of lhe firsl pari has nol done or suff.r.d any'
wh.r.hy Ih. said pr.mises hav" he.n incumbered in any way whal.v.r, exc.pI as alor.said.
AND th. parly ollh. firsl pari, in complianc. with Seclion JJ ollh. Li.n Law, cov.nanls lhal Ih. par
Ih. firsl pari will r...iv. Ih. con.id.ralion lor "'is conv.yanc. and will hold Ih. righl 10 r.c.ive such co
.ralion as a IruSI fund 10 h. apI,li... firsl lor Ihe purpose of paying Ih. cost of Ih. improvem.nt and will ~
Ih. sam. first 10 Ih. paym.nl 0 the cost ollh. improv.nICn' before using any pari of Ih. lolal 01 Ih. sam
any olh.r purpose.
Th. word "party" shall he construed as if il read "part i.." wh.n.v.r Ih. s.nse of Ihis indenlur. so r'q'
IN WITNESS WHEREOF, Ih. party ollh. firsl pari has dmy ex<culed Ihis d..d Ih. day and year firsl ,-
written. '
I ~ l'IU:SEtH~E 01,-;
Robert D. ami
Executor of The LasrWill and
Testament of Robert D. Hami1ton
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SCHEDULE nAn
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ALL that certain plot, piece or parcel of land, situate, lying
and being at Mattituck, in the Town of Southold, County of Suffolk
and State of New York, known and designated as part of Lot 3, as
shown on a certain Map entitled, "Map of Minor Subdivision for
Robert D. Hamilton", and filed in the office of the Clerk of the
County of Suffolk on April 22, 1.993, as Map No. 9343, more
particularly bounded and described as follows:
BEGINNING at a point on the Southeasterly side of Horton
Avenue, where the same is intersected by the Northeasterly line of
land now or formerly of Julian and Jean Czukor;
RUNNING THENCE North 57 degrees 21. minutes 00 seconds East,
along the Southeasterly side of Horton Avenue, 1.1.6.64 feet to a
point;
THENCE South 67 degrees 36 minutes 00 seconds East through Lot
No. 3 on the above mentioned map, a distance of 39.41. feet to a
monument, which point is the northeasterly corner of the property
now or formerly of Swanson;
THENCE South 34 degrees 56 minutes 1.0 seconds West along said
lands now or formerly of Swanson a distance of 1.50.59 feet to a
pipe and land now or formerly of Julian and Jean Czukor;
THENCE North 32 degrees 39 minutes 00 seconds West along last
mentioned lands, a distance of 89.72 feet to the Southeasterly side
of Horton Avenue at the point or place of BEGINNING.
stA'1 01' ~YO-' COUNTY o. tf"F'OLK 00.
On the ) L/ day of (~bnJA..r.J 1996. before me
personally came Robert D. H.Jti 1 ton. Jr.
to me known to be the individual
executed the foregoing instrument.
exec:uted the same.
described in and who
and acknowledged that
~ A h. Yn.. (I..,...... 10."
. Notary Public 1
8NIlMM. COOPEfI
NaIIIJ NIo, 8l1li cI NIw Yadl
No. 4101471
0uIIIId In UaIl CoulIy
Col.II.....ElIphe.llnl*Y8f.1888
stA'1 O. NIW YOIIIC, COUNTY O'
On the day of
personally came
to me known, who. being by me duly sworn. did depose and
say that he resides It No.
19
. before me
that
of
he is the
, the corporation described
in and which executed the foregoing instrument: that h.
knows th. seal of said corporation: that the s.al affixed
to said instrum.nt is such corporate seal; that it was so
affixed by ord.r of th. board of directors of said corpora-
tion, and that he signed h name th.r.to by lik. ord.r.
~xtrulor'. Jilttll
TITLE No. 14l.,-S-9783
Robert D. Hamilton. Jr..as
Executor of The Last Will and
Testament
TO
Stanley Swanson and Sharon Swanson
"ANDAn 1'OIM Of NIW YOII ao....D Of llftl UNDlawl.ftU
Di,""""'., .,
First American Title Insurance COlltl/any
of New York
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stA'1 O. NIW YO'COUNTY 01'
On the day of
personally came
19
,bel.
to me known to be th. individual
execut.d th. foregoing instrument.
exec:uted the same.
deocribed in and w~
and ac\cnow1edled thaI
'" S'A'I O' NIW YOIIIC, COUNTY 01'
On th. day of
personally came
the subscribing witne.s to the foregoinc instrument. with
whom f am personllly acquainted, who, beinc by me duly
sworn. did depose and say that he resides at No.
...
19
. before m.
that
h. knows
to be the Individual
described in and who executed the foregoinl instrument:
that he, said .ubscribing witn.... was present and saw
.xecut. the sam.; and that he, said witnes.,
at the same time .ubscribed h name as .ltnesl th.reto.
Ire liON 1000-141.0
"lOCK 02.00
1.<." P/O Lot 021.005
COUNrY os TOWN Suffolk
ReCOfded At Requed or
Flnt A_lea. Title I....once Olmps., or Ne. York
. RETURN bY MAIL TO,
.
Alan M. Rubin. Esq.
c/o First American Title Ins.
333 Earle ovington Boulevard
Uniondale, N.Y. Zip No. 1155
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Southold Town Planning Board
2
October 23, 1995
PUBLIC HEARINGS
7:30 p.m. - Stanlev & Sharon Swanson and Robert Hamilton - This lot line
change is to subtract 8,129 square feet from a 35,389 square foot parcel and
add it to a 44,094 square foot parcel. SCTM# 1000-141-2-15 & 21.5. Is the
applicant here, or agent for the applicant? If not, everything is in order to close
the hearing. Is there a motion?
Mr. Cremers: So moved.
Mr. Latham: Second.
Mr. Ward: Moved and seconded. AII'in favor?
Ayes: Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward.
Mr. Ward: Opposed? Motion carried. What's the pleasure of the Board?
Mr. Cremers: Mr. Chairman, I'd like to make the following motion.
WHEREAS, Stanley and Sharon Swanson and Robert Hamilton are the owners
of the property known and designated as SCTM# 1000-141-2-15 & 21.5,
located on Horton Ave. and Oak St., Mattituck; and
WHEREAS, this lot line change, to be known as lot line change for Stanley and
Sharon Swanson and Robert Hamilton, is to subtract 8,129 square feet from a
35,389 square foot parcel and add it to a 44,094 square foot parcel; and
WHEREAS, the South old Town Planning Board, pursuant to the State
Environmental Quality Review Act, (Article 8), Part 617, declared itself lead
agency and issued a Negative Declaration on September 11, 1995; and
WHEREAS, a variance was granted by the Zoning Board of Appeals on
September 13, 1995; and
WHEREAS, a final public hearing was closed ...
Mr. Ward: Bill, do you want me to finish?
Mr. Cremers: Would you please?
Mr. Ward: I'll just pick up for Bill.
WHEREAS, a final public hearing was closed on said lot line change
application at Town Hall, Southold, New York on October 23, 1995; and
.
.
Southold Town Planning Board
3
October 23, 1995
WHEREAS, all the requirements of the Subdivision Regulations of the Town of
Southold have been met; be it therefore
RESOLVED, that the Southold Town Planning Board grant conditional final
approval on the surveys dated August 2, 1995 and authorize the Chairman to
endorse the final surveys subject to fulfillment of the following condition. This
condition must be met within six (6) months of the date of this resolution:
1. The filing of new deeds pertaining to the merger of the 8,129 square feet
from the 35,389 square foot parcel SCTM# 1000-141-2-21.5 with the 44,094
square foot parcel SCTM# 1000-141-2-15. Is there a second?
Mr. Edwards: Second the motion.
Mr. Ward: Motion seconded. All in favor?
Ayes: Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
**'******************
Mr. Wa : 7:35 p.m. - Oast House Brew Pub - This oposed site plan is for a
restaurant ' rew pub" located on the 3 acre busin s zoned area of a 26 acre
parcel in Cutc gue. SCTM# 1000-103-1-19.3 I see the applicant is here. Is
there anything yo wish to address the Boa on, you may at this time, or we'll
just proceed.
Frank Cichanowicz. You
pro d. I'm just here as a listener.
Mr. Ward: In that case, all i
Mr. Cremers: So mOil It
oved and seconded. All in favor?
Aye : Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward.
r. Ward: Opposed? Motion carried. What's the pleasure of
,-
LEGAL NU'Ht.::E
NotlceorPablkH_
NOTICE IS HEREBY 01. .. that
pursuant to Section 276 of the Town
Law. a public hearing will be held by
the Southold Town Planning Board. at
the Town Hall. Main Road, Southold.
New York in said Town on the 23rd day
of October. 1995 on the question of the
following:
7:30 P.M. Final public hearing for
the proposed lot line change for
Stanley and Sharon Swanson and
Robert Hamilton, in Mattituck. Town
of Southald, County of Suffolk, State
of New York. Suffolk County Tax Map
Number 1000-141-2-15 & 21.5.
The property is bordered on the
northwest -by a right.of-way; on the
north by land now or formerly of
STATE OF NEW YORK)
) ss:
COUNTY OF SUFFOLK )
Chrl\-bne ~ of Mattltuck
In said Coun~, being duly swo , llllys that he/she ~
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Mattltuck, In the Town of
Southold, Conn~ of Suffolk and State of New York,
and that the Notice of which the annexed Is a
printed copy, has been regularly publls~ed In said
Newspaper once each week for __ weeks
:&.to&~ commencing on the ----11- day of
, 19$
Rosemary Byrnes; on the northeasI by
land now or fannerly of North Fork
Church of Christ; on the southeast by
Middle Road (County Road 48); on the.
south by land now or fonnerly of
Anthony J. Jr. and Denise E.
Antongeorgi; on the southwest by land
now or fonnerly of Julian and Jean
Czukor; on the west by Horton Ave.;
and on the northwest by Oak St.
Dated: October 10. 1995
BY ORDER OF THE
SOUTHOLD TOWN
PLANNING BOARD
Richard G. Ward
Chainnan
8501-IT0I2
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Notary Public
Sworn ~~;ne ~.1s ---Lb
daYOf~19~
.
.
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Orlowski, Jr.
Mark S. McDonald
KennElth L. Edwards
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Town Hall, 53095 Main Road
P. O. Box 1179
Southoid, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD MEMBERS
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
October 3, 1995
Dunewood Truglia, Esq.
P.O. Box 222
New Suffolk, NY 11956
Re: Lot line change for Stanley and Sharon Swanson and Robert Hamilton
SCTM# 1000-141-2-15 & 21.5
Dear Mr. Truglia:
The following resolution was adopted by the Southold Town Planning Board at
a meeting held on Monday, October 2, 1995:
BE IT RESOLVED that the Southold Town Planning Board set Monday,
October 23, 1995, at 7:30 p.m. for a final public hearing on the maps dated
August 2, 1995.
Please contact this office if you have any questions regarding the above.
Sincerely,
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Richard G. Ward '
Chairman
.
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Gerard P. Goehringer. Chairman
Serge Doyen, Jr.
James DiDizio. Jr.
Robext A. Villa
Lydia A. Tortora
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765.1823
Telephone (516) 765-1809
APPEALS BOARD MEMBERS
BOARD OF APPEALS
TOWN OF SOUTHOLD
September 21, 1995
Dunewood. Trup, Esq.
Fir8t St, Box 222
New SuffoJk, NY 11956
Re: Appl. No. 4328 - Variance for Lot Area Ext'Ju...gn
Dear Mr. TrugUa:
Please f'md attached a copy of the Board's findings and determiDation
reDdered at our September 13, 1995 Re~ 1I4eeting concerning the recent
application for a variance filed in booh"I' of StaI.lley Swanl\on. We have also
fol'WlU."ded a copy of tbia detel'lllination to the Building Department and Pl.....,..g
Board for their p8l'1118Dent records.
You should be aware that the Suffolk COIUIty Department of PI.....i..g may be
fol'WlU."ding c01'l'eBpondlmce to you (or the property owner) since this is a project
located within 500' feet of a waterway (ref. AdministraUve Code of SuffoJk
County). It is expeoted that the county will refer the _tter back to the Town
rather than t5llri"g action for disapproval or approval. No further steps are
required on your part since our offioe sends a copy of the variance file to the
county direotly.
If you have questioDs, please reel free to call.
Very truly YOI1l'S,
rA~~..JY(dW~ .
~wa1sk:i
Enclosure
cc: Bulldinc DeplU"tment
planYll-lng Board.
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SOUTHOlO TOWN
PlANNING BOARD
.
.
Gerard P. Goehringer, Chairman
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Lydia A. Tortora
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Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1809
APPEALS BOARD MEMBERS
BOARD OF APPEALS
TOWN OF SOUTIIOLD
ACTION OF THE BOARD OF APPEALS
DATE OF ACTION: September 13, 1995 APPL. #4326.
APPLICANT: STANLEY SWANSON.
LOCATION OF PROPERTY: S/s Horton Avenue, Mattituck; a/rIa part of Lot #3
on the PB Minor Subd. Map approved 4-12-93 for Robert Do Hamilton.
Involved parcels are identified on the County Tax Maps as No. 1000-141-2-21.5
(Hamilton), and 1000-141-2-15 (Swanson) also known as 3325 C.R. 48, Mattituck.
BASIS OF APPEAL: Notice of Disapproval issued by the Buildin/?; Inspector on
Au/?:Ust 5. 1995. " . . . Chan/?;e will further reduce the required tota! area of parcel
141-2-21.5. ... ."
PROVISIONS APPEALED FROM: Article III-A, Section 100-30-A.1.
RELIEF REQUESTED: Exchange of 8,129 sq. ft. added to Swanson parcel and
taken from Hamilton parcel. Area of Hamilton parcel will .be nonconforming in
this R-40 Zone District with a new size of 27,2560 sq. ft. The Swanson parcel
will continue to be conforming in total area with a new size of 52,223 sq. ft.
MOTION MADE BY: Gerard P. Goehringer
SECONDED BY: James Dinizio, Jr.
ACTION/RESOLUTION ADOPTED: GRANTED as applied with details (see survey
map prepared June 27. 1995 (revisions Aug:. 2, 1995), prepared by John T.
Metz/?:Cr of Peconic Surveyors, P. C .
REASONS/FACTS: The use density of each remaining parcel will not be
increased by the exchange of this property; there exists one dwelling on each at
this time. The relief requested results from a court proceeding between the
owners under Supreme Court Index No. 94-12702 pertaining to the property
easement area, which land area is the subject of this exchange or lot-line change
request. The relief requested will not produce an adverse effect or impact on
the physical or environmental conditions of the neighborhood.
VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member
James Dinizio, Jr., Member
Robert A. Villa, Member
Lydia A. Tortora, Member
Gerard P. Goehringer, Chairman-Member
:hiS resolution was ummimously ado~.:.~.:---~/?-d-
/.// GERARD P. GOEHR GER.. CHAIR~
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Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Orlowski, Jr.
Marl< S. McDonald
Kenneth L. Edwards
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Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New Yorl< 11971
Fax (516) 765-3136
Teiephone (516) 765-1938
PLANNING BOARD MEMBERS
PLANNING BOARD OFFICE
TOWN OF SOUTH OLD
FORM FOR THE PUBLICATION OF NOTICE OF:
01SSUANCE OF NEGATIVE DECLARATION
o ISSUANCE OF POSITIVE DECLARATION
o COMPLETION OF DRAFT ENVIRONMENTAL IMPACT STATEMENT
o PUBLIC HEARING ON DRAFT ENVIRONMENTAL IMPACT STATEMENT
o COMPLETION OF FINAL ENVIRONMENTAL IMPACT STATEMENT
Type of Notice: ~nlisted DType 1 \
Project Title:
Pro posed.
lot'ioe... ChaoI}'-- for St~o/"l t SN1.(G)\. Swaf\Sff>'.-
1000-1'11-2.-/S- r 21.S'
Horton Ave.... t fut. Sf-, MoAti tuuc.
Southold Planning Board
53095 Main Rd., Southold, NY 11971
Q,Md.. I?of..,e,r~
liam;11-o1)
SCTM#:
Location (Street, Hamlet):
Lead Agency:
Address:
Project Description:
This lor line. Gho"'} IS tb subh-oc.t 8,/2."1 s~. Put from 0.. 3S', s8~1 SZ.
toot pa.rCeA O1l\Gl add it- t-o Q LN, oN s~. fOot paru".
Date of Acceptance of DEIS/FEIS:
Contact Person: RoLeA-t G;. Ko.ss/1e,y'
Address: Planning Board Office
53095 Main Rd., Southold, NY 11971
Phone: (516) 765-1938 Fax: (516) 765-3136
For Draft Environmental Impact Statement indicate:
Final Date for Comment Period:
For Public Hearing indicate:
Date and Time:
Location:
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DUNEWOOD TRUGLlA
ATTORNEY AT LAW
First Street P.O. Box 222
New Suffolk, NY 11956
516 - 734 - 6450
Fax 516 - 734 - 5 152
September 14, 1995
Robert G. Kassner
Southold Town Planning Board
Town Hall
53095 Main Road
Southold, NY 11971
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chePL ,Il
Re: Lot Line Change, Triangular Piece from Hamilton to Swanson,
Horton Avenue, Mattituck, NY;
Suffolk County Tax Map # 1000 - 141 - 02 - 21.5 (Hamilton Property)
Suffolk County Tax Map # 1000 -141 - 02 -15 (Swanson Property )
Dear Mr. Kassner:
Enclosed is the additional check for $100 reflecting your recent advice that the fee for a
lot line change had been raised from $150 to $250.
As you may already know, the ZBA approved the Swanson lot line variance request
last evening. Would you please advise if there is anything further you need and what is
the next step in the process.
On behalf of my clients Stanley and Sharon Swanson, thank you for your kind
assistance.
~s, .
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Dunewood Truglia
Attorney for Swanson
enclosure
cc: Rudolph H. Bruer, Esq.
DT/NS/tim
SOUTfIOLD TOWN
PlANNING BOARD
.
.
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Orlowski, Jr.
MarK S. McDonald
Kenneth L. Edwards
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Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New YorK 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD MEMBERS
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
September 12, 1995
Dunewood Truglia, Esq.
P.O. Box 222
New Suffolk, NY 11956
Re: Proposed lot line change for Stanley & Sharon Swanson and Robert Hamilton
SCTM# 1000-141-2-15 & 21.5
Dear Mr. Truglia:
The following resolutions were adopted by the Southold Town Planning Board at a
meeting held on Monday, September 11, 1995:
BE IT RESOLVED, that the SDuthold Town Planning Board, acting under the State
Environmental Quality Review Act, do an uncoordinated review of this unlisted
action. The Planning Board establishes itself as lead agency, and as lead agency
makes a determination of non-significance and grants a Negative Declaration.
Enclosed please find a copy of the Negative Declaration for your records.
enc.
.
.
Richard G. Ward, Chairman
George Rilchie Lalham, Jr.
Bennett Orlowski, Jr.
Marl< S. McDonald
Kenneth L. Edwards
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Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD MEMBERS
PLANffiNGBOARDOFACE
TOWN OF SOUTHOLD
State Environmental Quality Review
NEGA TlVE DECLARATION
Notice of Determination Non-Significant
September 11, 1995
This notice is issued pursuant to Part 617 of the implementing regulations
pertaining to Article 8 (State Environmental Quality Review Act) of the
Environmental Law.
The Southold Town Planning Board, as lead agency, has determined that the
proposed action described below will not have a significant effect on the
environment and a Draft Environmental Impact Statement will not be prepared.
Name of Action:
Proposed lot line change for Stanley and Sharon
Swanson and Roberl Hamilton
SCTM#:
1000-141-2-15 & 21.5
Location:
Horton Ave. & Oak St, Maltituck
SEQR Status:
Type I
Unlisted
( )
(X)
Conditioned Negative Declaration: Yes ( )
No (X)
Description of Action:
This lot line change is to subtract 8,129 square feet from a 35,389 square foot
parcel and add it to a 44,094 square foot parcel.
.
.
Page 2
SEQR Negative Declaration - SwansonlHamillon
September 11, 1995
Reasons Supporting This Detennination:
This project involves a lot line change that will result in the transfer of a
8,129 square foot parcel from a 35,389 square foot conforming clustered
subdivision parcel to a 44,094 square foot conforming parcel. Thus the
change will not result in a more intensive use of the land.
An Environmental Assessment Form has been submitted and reviewed,
and it was determined that no significant adverse effects to the
environment were likely to occur should the project be implemented
as planned.
The applicanl will have to comply with the requirements of the Suffolk
County Sanitary Code (SCSC) and all relevant standards of water supply
and sewage disposal systems. Design and flow specification, subsurface
soil conditions and site plan details will have to be approved by the Suffolk
County Department of Health Services (SCDHS). This impact is nol
considered significant due to the anticipated project compliance with
established requirements of the SCSC and the SCDHS and the required
relevant permits.
For Furlher Informalion:
Contact Person: Robert G. Kassner
Address: Planning Board
Telephone Number: (516) 765-1938
cc: Langdon Marsh, DEC Albany
Judilh Terry, Town Clerk
Southold Town Building Dept.
Applicant
ENB
.
.
DUNEWOOD TRUGLlA
ATTORNEY AT LAW
First Street P.O. Box 222
New Suffolk, NY 11956
516 - 734 - 6450
Fax 516 -734 - 5152
August 3, 1995
Southold Town Planning Board
Town Hall
Southold, NY 11971
Re: Lot Line Change, Triangular Piece from Hamilton to Swanson,
Horton Avenue, Mattituck, NY;
Suffolk County Tax Map # 1000 -141 - 02 - 21.5 (Hamilton Property )
Suffolk County Tax Map # 1000 -141- 02 -15 (Swanson Property)
Gentlemen:
My clients, Stanley Swanson and Sharon Swanson, the applicants in the
abovereferenced application for lot line change, are agreeable to having a covenant in
the deed transferring the abovementioned triangular piece, which would warrant that
the piece to be conveyed would not exist as a separate substandard parcel but would in
fact be incorporated into the existing Swanson parcel and thereby merge with it.
The proposed covenant would read as follows:
Should that part of Suffolk County Tax Map # 1000 -141 - 02 - 21.5 which consists of
8,129 square feet, plus or minus, in area be sold to the owner of the adjacent property
( Swanson ), this lot will then be incorporated into the adjacent owner's parcel so that
the parcel sold to Swanson will not exist as a single substandard parcel. If the parcel is
not sold as proposed, it shall then be re-incorporated into the original parcel belonging
to Hamilton so that it will not exist as a single substandard parcel.
VO"~'
~
Dunewood Truglia
Attorney for Stanley and Sharon Swanson
enclosure
cc : Linda Kowalski, ZBA
Rudolph H. Bruer, Esq.
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DECLARATION OF COVENANTS AND RESTRICTIONS
This declaration made this day of .1995, by Stanley Swanson
and Sharon Swanson, residing at 3325 Route 48, Mattituck, New York
WITNESSETH
WHEREAS, Stanley Swanson and Sharon Swanson are the owners in fee simple
of certain premises located in Mattituck, Town of Southold, Suffolk County, New York,
known and designated on Suffolk County Tax Map # 1000 -141 - 02 - 15, deeded to
them on March 28, 1989 and such deed being duly recorded in the office of the Suffolk
County Clerk on April 6, 1989 in liber 10830 page 507.
WHEREAS, said Stanley Swanson and Sharon Swanson were required by the
Southold Town Planning Board as a condition of its approval to a lot line change to
impose certain covenants and restrictions upon said property;
NOW THEREFORE, Stanley Swanson and Sharon Swanson declare that the said
premises which is after described in "Schedule A", annexed hereto and made a part
hereof, is subject to the following covenants and restrictions:
A certain triangular piece of approximately 8,129 square feet in area, plus or
minus, formerly existing as part of the adjacent owner's parcel and shown on
Suffolk County Tax Map as # 1000 -141 - 02 - 21.5, having been sold and transferred
to us by deed, that said transferred triangular piece will be incorporated and
merged with the undersigned's existing parcel and will not exist as separate
substandard piece.
Dated:
Stanley Swanson
Sharon Swanson
,
.
.
STATE OF NEW YORK)
COUNTY OF SUFFOLK ) SS.:
On the day of ,1995 before me personally came Stanley Swanson,
to me known to be the individual described in and who duly acknowledged that he
executed the foregoing instrument.
Notary Public
STATE OF NEW YORK)
COUNTY OF SUFFOLK) 55.:
On the day of , 1995 before me personally came Sharon Swanson,
to me known to be the individual described in and who duly acknowledged that she
executed the foregoing instrument.
Notary Public
2
.
.
.
AFFIDAVIT OF MERGER
August 3,1995
Southold Town Planning Board
Town Hall
Southold, NY 11971
Re: Lot Line Change, Triangular Piece from Hamilton to Swanson,
Horton Avenue, Mattituck, NY;
Suffolk County Tax Map # 1000 - 141 - 02 - 21.5 (Hamilton Property )
Suffolk County Tax Map # 1000 -141 - 02 -15 (Swanson Property)
STATE OF NEW YORK)
COUNTY OF SUFFOLK) 55.:
The undersigned parties, Stanley Swanson and Sharon Swanson being duly sworn, do
depose and say:
That we are the owners of an improved parcel of land on Route 48 in Mattituck, NY,
which is shown on Suffolk County Tax Map # 1000 -141- 02 -15, which was deeded to
us on March 28,1989 and duly recorded in the office of the Suffolk County Clerk on
April 6, 1989 in liber 10830 page 507.
That if, the Planning Board approves the lot line change, we agree to merge a triangular
piece of approximately 8,129 square feet in area, plus or minus, now existing as part of
Hamilton's parcel shown on Suffolk County Tax Map as # 1000 -141 - 02 - 21.5, and
thereafter transferred by deed to us. That this transfer is part of a settlement reached in
an action entitled Swanson v. Hamilton, et a/; Supreme Court, Suffolk County, Index No.
94 - 12702.
That said transferred triangular piece will be merged with the undersigned's existing
parcel ( Suffolk County Tax Map # 1000 -141 - 02 -15 ) and will not exist as separate
substandard piece.
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Dated:
.
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~ hO/WfI yYl, ~ Ja~
Sharon Swanson
9' ~ay of /l~, 1995.
Notary Pu Ie
IlUNEWOOD nuu. EICI.
NDlIryNoI'Wllc,,,, 11__
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The undersigned owner of property located on Horton Avenue,
Mattituck, New York, known as SCTM #1000-141.00-02.00-021.005 does
hereby consent and approve of the lot line change being requested by
Dunewood Truglia, Esq., on behalf of Stanley C. Swanson and Sharon M.
Swanson. The lot line change is to be as shown on the attached survey of
Peconic Surveyors, P.C. dated June 27, 1995. The property being set off
is to be attached to, merged into and made a part of other property of
Stanley C. Swanson and Sharon M. Swanson, known as SCTM #1000-
141.00-02.00-015.000, said set off property is bounded and described as
follows:
BEGINNING at a point on the southerly side of Horton Avenue, which
point is the following two (2) courses and distances from where the south
easterly side of Oak Street meets the northerly side of other lands of
Hamilton and the westerly side of a certain right of way:
1. South 35 degrees 25 minutes 40 seconds West, 49.50 feet;
2. South 57 degrees 21 minutes 00 seconds West, 49.64 feet to the
point or place of beginning;
RUNNING THENCE through land of Hamilton, South 67 degrees 36
minutes 00 seconds East, 39.41 feet to land now or formerly of Swanson;
THENCE along land of Swanson, South 34 degrees 56 minutes 10
seconds, West 150.59 feet to land now or formerly ofCzukor;
THENCE along last mentioned land, North 32 degrees 39 minutes 00
seconds West, 89.72 feet to the southerly side of Horton Avenue;
THENCE along the southerly side of Horton Avenue, North 57 degrees 21
minutes 00 seconds East, 116.64 feet to the point or place of
BEGINNING.
~()~
Robert D. Hamilton, Sr.
STATE OF NEW YORK, COUNTY OF SUFFOLK: ss.
On the __'104 day of August, 1995, before me personally came
ROBERT D. HAMILTON, SR. to me personally known and known to me
to be the individual described in and who executed the foregoing
instrument and duly acknowledged that he executed the same.
~~. /}
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RUDOLPH H. BRUER
Notary Public. Stote of New York
No. 52-0465530. Suffolk County
Commission Expires March 30. It't 7
---
.
.
I.F:FFFRT~ P. fl)SON
(1l)12_ll)fn)
RUOOl,rn 11. RRllF.R
AlIgust II, 1995
Mr. Dunewood Tfilglia
A""rney At Law
ri .,t Stre.et, P.O. Box 222
New Suffolk, New York 11956
RI~: Lot Line Change
Dear Mr. Tfilglia:
.
Edson and Bruer
ATTORNEYS ATt,Aw
M^,N RoAD-P.O. BOX '1"6
soumOUl, NEW YORK 11911
(~16) 76!-J211
(516) 765 1500
FAX: (516) 76!' 2752
In connection with the above referenced matter, enclosed please find executed consent
of Robert D. Hamiltons, Sr. for the lot line change.
Si/::e ,
(;t{~
Rl.1dqlph H. Bruer
RHI3/me
Ellc.
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Edson and Bruer
AITORNEYS AT LAW
MAIN ROAD-P.O. BOX 1466
SOUfHOLD, NEW YORK 11971
LEFFERTS P. EDSON
(1912-1989)
RUDOLPH H. BRUER
(SUi) 765-1111
(516) 765 1500
FAX: (5Ui) 765-1752
August 14, 1995
Dunewood Truglia, Esq.
First Street, P.O.Box 222
New Suffolk, NY 11956
Re: Hamilton, w/Swanson
Mattituck, New York
Dear Dunewood:
Enclosed please fInd copy of deed made by the Northeastern Bible College to Robert
D. Hamilton, dated the 1st day of November, and recorded in the Suffolk County
Clerk's OffIce on November 27, 1991 in Liber 11377 page 124. It covers the premises
and more.
Sincerely,
Qv
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do1ph H. B
RHB/cam
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CONSULT YOUR LAWYER IIFORE SIGNING THISJNSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LA WYERS ONL ~
11377PC124 '. -
THIS INDENTURE, made the I S+- day of .Jde",be/ , nineteen hundred and 1 :":Z7
BETVVEEN NORTHEASTERN BIBLE COLLEGE, A Non-Profit Corporation
12 Oak Lane
Essex Fells, New Jersey 07021
party of the first part, and
ROBERT D.
200 Smi th
Southold,
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HAMILTON
Drive South
New York 11971
party of the second part,
WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable considerat
paid by the party of the second part, does hereby grant and release unto the party of the second part, the hl
or successors and a!signs of the party of the second part forever,
ALL that certain plot, piece or parcel of land. with the buildings and improvements thereon en:cted, situ;;-
Iyin/< and being 10abe at Mattltuck, Town of Southold, County of Suffolk and State 0
New York, more particularly bounded and described as fDllows:
BEGINNING at a monument on the curved northerly line of Middle Road (C.R. 27)
102.31 feet westerly along said northerly line from the westerly line of West-
phalia Avenue, said point of beginning being the southwesterly corner of land
Kontoveros, from said point of beginning;
Rm~,ING THENCE westerly along the northerly line of Middle Road on a curve to
right having a radius of 1799.86 feet a distance of 498.32 feet to a monument;
THENCE along said northerly line, South 34 degrees 48 minutes 43 seconds West
66.57 feet to lands now or formerly of Swanson;
THENCE along said land, North 67 degrees 36 minutes 00 seconds West along said
land of Swanson, 321.91 feet to a monument;
THENCE still along said land of Swanson, South 34 degrees 56 minutes 10 second,
. West ,150.59 feet to land now or formerly of Czukor;
,THENCE ~long said land of Czw{or, North 32 degrees 39 minutes 00 seconds West
S.~:72 ..feet to the southeasterly side of Horton Avenue;
1HENCE North 57 degrees 21 minutes 00 seconds East along Horton AVenue, 166.28
feet to the southeasterly terminus of Oak Street;
THENCE North 35 degrees 25 minutes 40 seconds East along said terminus, 49.50
feet to a 33 foot right of way;
* Continued on Rider attached *
TOGETHER with all right, title and interest, if any, ul the party of the first part in and to any streets all'
roads abulling the above described premises to the center lines thereof; TOGETHER with the appurtenance
and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLl
the premises herein granted unto the part)' of the second part. the heirs or successors and assigns of the part)' 0
the second par! forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything wIH:reb~
the said premises have been encumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of thc firs
part will receive the consideration (or this conveyance and will hold the right to receive such consideration as ~
trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first I(
the payment of the cost of the improvement before using any partlof the total of the !!affie for any other purpose.
The word "party" ;;hall be construed as if it read "parties" whenever the sense of this indenture so reqrires.
IN WITNESS WHEREOF, the part)' of the first part ha. duly executed this deed the day and year first abllVl'
wrillen. ~
IN PRESENCE OF: . ~,~
.~ j; 'I' ACK CARMICHAEL, Chairman
Northeastern Bible College - Board of Trust'
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$TA","r OF NEW YORK. COUNTY OF
On the day of
personally came
19
, before me On the "day of
personally came
, before me
to me known to be the individual
executed the foregoing instrument,
executed the same.
described in and who
and acknowledged that
>-1
STATI OF NEW--=i COUNTY OF :c.EF:6E.,J ...
On the I Sf- day of lJ""e"'~ 19 91 , before me
personally came JACK CARMICHAEL
to me known, who, being by me duly sworn, did depose and
say that he resides at No. 46 BristOl Court,
Berkeley Heights, New Jersey 07922
that he is the Chairman of the Board
of Governo,s of North~astern Bible College,
a Non-profl t corporatlon , the corporation described
in and which executed the. foregoi.ng instrument;
,
t.. iBid ifl8hument ~'i' .uoh earpaf.ll.l\.. _ai, ~hlt :t .....;.;. 11I\
a.lhXtd. ~r Old... ~the bClalld of duc5ttore v! ~~;A e 1 "'.IS"
-t~_"!nd.)hat h.. signed his name thereto by like order.
~. ~ ~~j /)!lu) ti1du
-;= ~ A ANN WElTE
~ A Notary Public of New Jersey
.', My Commission Expires 10/22/95
,
NORTHEASTERN BIBLE COLLEGE, A Non-
Profit Corporation,
TO
ROBERT D. HAMILTON
.
n. STATE OF NEW YORK, COUNTY OF
S5:
19
to me known to be the individual
executed the foregoing instrument,
executed the same.
described in and who
and acknowledged that
STAT! OF NEW YORK. COUNTY OF
s.:
On the" day of
personally carne
the subscribing witness to the foregoing instrument, with
whom I am personally a"'luainted", who, being by me duly
sworn, did depose and say that he resides at No.
19
,- before me
that
he knows
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witncS6,
at the same time subscribed h name 88 witness thereto.
.
SECfION 141
BLOCK 2
LOT 21.1
COUNTY OR TOWN Mattituck
Town of Southold
County of Suffolk
RBTURN BY MAIL TO:
RUDOLPH H. BRUER, ESQ.
MAIN ROAD
P.O. BOX 1466
SOUTHOLD, NEW YORK
11971
Zip No.
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RIDER
THENCE along said right of way, the fOllowing courses and distances:
1. South 54 degrees 34 minutes 20 seconds East 19.13 feet;
2. North 34 degrees 56 minutes 10 seconds East 77.02 feet to land
now or formerly of Byrnes;
THENCE along said land the following two courses and distances:
1. South 67 degrees 39 minutes 30 seconds East 200 feet to a monumEmt;
2. North 22 degrees 20 minutes 30 seconds East 159.78 feet to a mor:ument
and land now or formerly of Morris;
THENCE along said land the fOllowing two courses and distances:
1. South 67 degrees 39 minutes 30 seconds East 54.67 feet to a monument;
2. North 29 degrees 05 minutes 10 seconds East 97.51 feet to a monument
and land now or formerly of Whitemarsh;
THENCE along said land of Whitemarsh, and land of McCaffery, North 36
degrees 47 minutes 30 seconds East 258.96 feet to a monument on the
southwesterly side of Westphalia Avenue;
THENCE along said southwesterly line, South 70 degrees 00 minutes 00
seconds East 100 feet to a monument;
THENCE along said land of Casbor, Inc., the following two courses and
distances:
1. South 40 degrees 41 minutes 50 seconds West 178.40 feet to a monument;
2. South 70 degrees 17 minutes 00 seconds East 148.88 feet to the point
or place of BEGINNING.
BEING AND INTENDED TO BE.the same premises conveyed to the grantor
herein by Deed dated 5/18/87 and recorded in the Suffolk County
Clerk's Office on 7/13/87 in Liber 10363 cp 94.
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August 3, 1995
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DUNEWOOD TRUGLIA
ATTORNEY AT LAW
First Street P.O. Box 222
New Suffolk, NY 11956
516 -734 - 6450
Fax 516 - 734 - 5152
Richard G. Ward, Chairman
Southold Town Planning Board
Town Hall
53095 Main Road
Southold, NY 11971
Re: Lot Line Change, Triangular Piece from Hamilton to Swanson,
Horton Avenue, Mattituck, NY;
Suffolk County Tax Map # 1000 -141 - 02 - 21.5 (Hamilton Property)
Suffolk County Tax Map # 1000 -141 - 02 - 15 (Swanson Property )
Dear Mr. Ward:
On behalf of my clients, Stanley Swanson and Sharon Swanson, I submit herewith for
your consideration and approval, a request for a lot line change on properties located in
Mattituck, NY.
The project name is Lot Line Change, Triangular P(pce from Robert D. Hamilton to
Stanley Swanson and Sharon Swanson, Horton A'!enue. Mattituck, NY.
Enclosed find the following documents.
1.
2.
3.
4.
5.
6.
7.
8
9.
Application For Approval of Plat
Short Environmental Assessment Form
Planning Board Questionnaire
Notari"e'd Letters of Consent ( Swanson and Hamilton)
Affidavit of merger
Statement as to no grading, roads, drainage or alterations
Copies of existing deeds
Copies of survey
Proposed Declarations of Covenants and Restrictions ( Swanson and
Hamilton)
Application fce check for $150.00
10.
1o)~[%~O\:;I'
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uu J A\JG I 4 1995
SOUTHOLO TOWN
PLANNING BOARD
.
.
DUNEWOOD TRUGLlA
ATTORNEY AT LAW
Letter to Southold Town Planning Board (Lot Line Change, Swanson and Hamilton)
August 3, 1995
The reason for the change is the settlement of an action commenced by Swanson against
Hamilton to secure an easement by prescription over an existing dirt driveway which
runs between the parcels owned by Swanson and Hamilton respectively. ( Swanson v.
Hamilton, et al; Supreme Court, Suffolk County, Index No. 94 - 12702 ). As part of the
settlement, the parties have agreed to transfer an irregular triangular piece for a
valuable consideration as a means of settling the easement issue, see attached survey
diagram for ease of reference. There will be no change in the character or use of the
property, only the ownership will change.
I can be reached at the letterhead address. Please call if you have questions. Thanking
you in advance for your consideration, I am
~ ;:::;L
Dunewood Truglia
Attorney for Swanson
enclosures
cc: Linda Kowalski, ZBA
Rudolph H. Bruer, Esq.
DT/NS/tim
2
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'-~ .wtUUlT VOU. LAwvn 10 eGNING THIS INSTRUMENT-THIS INSTRL .SHOUlD BE USED IV lAWVnS ONlV.
.Y.S. ! 10830 P150""
ransfer I - ,
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680.00
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30167
THIS INDENTURE, made tile
BETWEEN .;rOHt-l_t!!\J\_"-'
2 8 th day of March
residina at 3325
. nineteen hundred and eighty-nine
County Road 48, Mattituck,
New York
party of the first part, and STANLEY E. SWANSON and SHARON M. SWANSON, hi s
wife, residing at 550 Knollwood Lane, Mattituck, New York
party of the second part,
WITNESSETH, that the party of the first part, in consideration of Ten and 00/100------------
-------------------------- ($10.00) ------------------- --------- dollars,
lawful money of the Cniled Stales. and other valuable consideration
paid
by the party of the second part, doe;; hereby grant and relea~c Ullto lhe party of the second part, the heirs t)T
successors and assigns of the party of the second part forever,
Al.J.... that certain plot. piece or parcel of land, with the huildings and improvement:' thereon erected, situate,
lying and being in the
See attached Schedule A.
Premises are the same as those described
to John Haas and Ruth Virginia Haas, his wife.
died 5/14/80, a resident of Suffolk County.
in Liber 4856, cp 93
Ruth Virginia Haas
Premises are not subject to a Credit Line Mortgage.
:30167
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^LL that certain plot, piece or
in the TO\Vll of southo1d, Camty
as follows:
parcel of 1atyJ, situate, lying ard being at l~attituek,
of Suf folk and State of New York, bOJnded ard deser ibed
BEc;JNIUIX:; at a point on the northwesterly shle of HidrlJe Roa:! (C.R. 48) distant
southM?stf?r1y 667.77 reet [rem the corner form0:0 by the intersection oE the "",sterly
side of Weslcphal ia ^venue and the northwesterly side of IHdcHe Roa:! (C.R. 48);
R\.1111111(; 111J~ICE <;Outll\..."sterty along said northw:>sterly side of Middle Pna-J (CR. 48):
(1) South 34 <1e'Jre~ 48 minuter, 43 s\'Corrls West, 9.81 feet to a IfOnLlnent; an:I
(2) ^long an ,He l'f a curve l:€ar ing to the right hav ing a ralius of 1829.86 fe"t, a
distance of 203.19 ff?et to a rronLl1lent am lam nr)H or forrrerly of Mthony J., Jr.
am Denise E. I'ntowj<>orgi;
11lEICE lIo)[th 62 degrees 52 minutes 20 secords West along sa id last n-entionro land,
222.83 feet to a pipe and 1an:l ncM or forrrerly of Northeastern Bible College;
1HElCE l~)[lh 34 d(>'jrees 56 minutes 10 secon:ls East along said lard nON or forn-erly of
Northeastl?rn Bible college, 150.59 feet to a nonurrent;
11lF~CE South 67 dC<jre<cS 31j minutes 00 secords East arTl still along said land nO<' or
fc'rnerJy of Norlhf?ffitern Bible Coll<>-je, 321.79 feet to the north~ter1y side of Mk1clle
RoaJ (C.H. 48) an:1 the point or place of BEGItlN1~.
....~J--.t~ WHh all n-'. htle and interest, It any, 01 ln~ JMI [Y Ul(
. nrSit pan: 10 ana IO ::lny ~trt't'[s 'Ula
rpads abutting the above desce premises to the center Iinf's thereof, .
(""
TOGETHER with the appurtenances and all the estate and rights of the party of the first part In :wd to
said premises.
TO HAVE AND TO HOLD the premises herein granted unto th~ 'p:lrty of the second part, the heirs nr
succc~ssors and assigns of the party of the second part forever.
AHD the part\" of the first part covenants that the party of the first part h.. not done or suffered anything
whereby the said prffil;s~es ha\"e been incumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will receive the consideration for this conveyance and will hold the right to receive sU1:h consid~
eration as a trust fund to he applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improvement before using any part of the tota1"of the same for
any other purpose.
The word "party" shall be rollstrued as if it read "pattit's" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part 1m duly executed this deed the day and year first above
writ1en.
IN }>RESENCE OF:
(/9ar&J~ ~rf:4d
.1.')00\1 I V1.i)
" NIW TOll. COUNTT OJ .FOLK
> the 2 B th day of March 19 B 9 . bdo",
I"'csonally cam~
JOHN HAAS
to m~ known to ~ th~ individu:U
uecut~ the loregoing instrument.
he e'xe<:ut~ the same.
descri~ in and who
and acknowl~ged that
,
J ./. ,-'7' /'j
~ ~':'C,~
~/ Notary Public
RICHAAD ~. UIlJ(
Notary Public. Stall 01 Nt. Yorl<
No, 7432500 . Suffolk County
eo...niss;o, Expir.. Aug, 31, 1990
STAT! OF NEW TOU. COUNTY OF
On the day of 19 , ~fore me
personally came
to me known, who, being by me du1y sworn, did depose and
say that he resides at No.
that he is the
of
. the corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to said instrument is such corporate seal; that it was so
affixed by order of the board of directors 01 said corpora-
tion, and that he signed h name thereto by like order.
.argllin lInb "lilt JJttb
\\'1111 CovrNANl AC^'NSl GRAN10Fl.S ACIS
[mENo &1. {.:Co.(<:,C S
JOHN HAAS
TO
STANLEY E. SWANSON and SHARON M.
SWANSON
n..,n,.""J b~-
.
TICOR TITLE GUARANTEE
u, STATI O. HIW T.
me On the day 01
personally came
'UNTY OJ
.
19
t before m
to me known to ~ the individual
executed the foregoing initrument,
exe<:uted the same.
described in and whl
and acknowledged th"
u, STATE 0' NEW YORK. COUNTY 0'
os
On the day 01 19 , befo,e m.
personally came
the subscribing witness to the foregoing instrument. wit~
whom I am personally acquainted. who, being by me dul)
sworn, did depose and say that he resides at No.
that he knows
to ~ lh~ indi\'idu.1
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
SECTION
BLOCK
lOT
COUNTY OR lOWN
T.'" BILLI"G M\IlRESS
Recorded AI Request of noor Title Guarantee Company
uroaN IY IolAIL TO,
Wickham, Wickham & Bressler, P.C
Main Road, P. O. Box 1424
Mattituck, New York 11952
lip No.
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Sr~l1d~rd N. Y. R. T. U. Form 1I0fl7.'j-IlO-~OM - Jhq;p;n md S~I~ Deed, with Cf'lq!"~"T :~~inlt Gumo,', Acr~-'ndiviriuJr m CNrt~gE'~LfrF )fJ p4GE ~.
,..-' ~~NSULT YOUR LAWY.R I.e SIGNING' THIS I~STRUMINT-THIS INSTRUa SHOULD BE UseD BY LAWYERS ONLY,
') } " ~, T Tl !"1, .:..5!.~.r.."m""... ..
THIS INDEN11.JRE, made the / ,,j' day of August , nineteen hundred and Sixty
BETWEEN WILLIAM E. SATTERLY, residing at Riverhead, in the Town
or Riverhead, County or Surfolk and State or New York,
~
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party of the first part, and JOHN HAAS and RUTH VIRGINIA HAAS, his wire,
residing at Mattituck, in the town or Southold, County or Surfolk
and State or New York,
party 01 the second part,
WITNESSETH. that the part)" of the first part, ;n consideration 01 One and 00/100----______
------------------ ------------- ------- --- --------- ($1.00) ----!Iollars,
Iawlnlllloncy ollhe United States,llnd other good Ilnd vllluable considerations paid
by the party of the second part, doe~ hereby grant and release unto the party of the !':ccond part, the heirs or
SUccessors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land, wi+h-1ok~...."'i...""~~itl't(l-....~~~~toh~~}w~~, situate.
lying- and hdng-m-t..... at Mattituck, in the Town of Southold, County or
Surfolk and state or New York, bounded and described IlS rollows:-
BEGINNING at a point on the northerly side or Middle Road
where the same is intersected by the easterly line or land now or
formerly or John J. Haas; running thence along said land now or
rormerly or John J. Haas, North 62" 52' 20" West 248.24 feet to
land now or rormerly or Edith Young; running thence along said
land, North 34" 56' 10" East 150.59 reet to land now or formerly
of Harry C. Oliver-; running thence along said lllnd, South 610
36' 00" East 351.52 reet to the norther-ly llide of Middle Road;
running thence westerly along the northerly side or Middle Road,
along a cur~e bellring to the right, having a radius or 1849.86
reet, Il distllnce along said curve or 216.41 reet to the point or
place or BEGIINING.
EXCEPTING so mueh thererrom as lies between the original
northerly high water mark of Mattituok Creek and the north side
of Middle Road (County Route # 27 A).
BEING and intended to be the Same premises aa oonveyed by
Riohsrd T. Gilmartin, as Commissioner of Publio Welrare, to
William E. Satterly by deed dated February 4, 1948 and reoorded
in the SUffolk County Clerk's offioe on February 9, 1948 in
Liber 2798 of deeds, page 329.
'_!''!R .Ip~
.
tj PAG~ :-:H .
T~ETHER with all right, . and in:erest, if any, of the party of the. part in and to any streets and
ro::tds ahuttj'ng the above described premises to the centrr lines thereof,
TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to
f.aid premises,
TO HAVE AND TO HOLD the premises herein granted unto the party of the serond part, the heirs or
5tlCCeSSors and assigns of the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything
whereby the gaid premises have been incumbered in any way whatever, except as aforesaid.
AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of
the first part will reeeive the consideration for this conveyance and will hold the right to reeei:--e stith consid-
eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply
the same first to the payment of the cost of the improven",nt before using any part of the total of the same for
any other purpose.
The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF, the party of the first part has dnly executed this deed the day and year first above
\\rittcl1.
I N PRESENCE OF:
:J,/j :/Z '
/ ~ - ,/,17-1 [; (
William E. stterly
,4~tr;.,Z~
/
STATE OF NEW YORK:
:SS
COUNTY OF SUFFOLK:
On this /~day of August ,1960, before me came
WILLIAM E. SATTERLY, to me known to be the individual described
in and who executed the foregoing instrument and acknowledged
that he executed the same. C-----,
RECORDED -:~\l )~, c-.Q-- ""'I
AUG 10 1960
t@ I I : !>'f A. M.
NORMAN [ KlI PP
Clerk of Suffolk County
f.~
'---
--
Io.DOW M_ l.PlTl
..... tuBlIc, STME OF ME. YOW.
-~- .. .lISidina in Suffoll( C:lU:1ty
52-2312500 1:,1
ClllIn,.... hpi... March 30, 19_
On the day of
personally came
19
II: STATE OF NIW YO.NTY O'
, before me On the day of
personally carpe.
~fif} PAGE -t:t~
STUI OF NIW YORK, COUNTY OF
.
19 , before me
to me known to be the individual
executed the foregoing instrument,
executed the same.
described in and who
and acknowledged that
to me known to be the individual
executed the foregoing instrument,
executed the same.
described in and who
and acknowledged that
STATE OF NEW YORK, COUNTY OF
n' STATE OF NEW YORK, COUNTY OF
I':
On the day of 19 before me
personally came
to me known, who, heing by me duly sworn, did depose and
say that he resides at No.
On the day of 19 , before me
personally came
the subscribing witness to the foregoing instrument, with
whom I am personally acquainted, who, heing by me duly
sworn, did depose and say that he resides at No.
that he knows
that he is the
of
, the corporation described
in and which executed the foregoing instrument; that he
knows the sea) of said corporation; that the seal affixed
to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order.
to be the individual
described ill and who executed the foregoing in;:;~rulllent;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness.
at the same time subscribed h name as witness thereto.
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Stanley Swanson and
Sharon Swanson,
RECEIVED
Mq~ SEP 2b A q: 33
GUARANTEED
. /- vs.
V Robert D. Hamilton,
Louis Dalessio, Sr.,
Northeastern Bible College and
John Doe and Jane Doe, as representatives of all
other unknown individuals, partnerships, and
corporations having an ownership or possessory
interest in the real property located in District 1000
and described as Section 141, Block 2. Lot 21 ~ in
the Real Propertyfrax Records maintained by the
Clerk of Suffolk County,
Plaintiffs,
SUMMONS
Index No. 94-12702
Defendants.
To Defendant:
Northeastern Bible College
12 Oak Lane
Essex Fells, NJ 07021
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to
serve a copy of your answer, or, if the complaint is not served with this summons to serve a
notice of appearance, on the plaintiffs attorney within twenty days after the service of this
summons, exclusive of the day of service, or if service of this summons is made by any means
other than by personal delivery to you within the state, within thirty days after such service is
complete. In case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the complaint.
The basis of the venue designated is the plaintiffs' residence which is 3325 Route 48, Mattituck,
County of Suffolk, State of New York.
Date Filed with Court Clerk: June 2, 1994
Dunewood Truglia, Esq.
Attorney for Plaintiffs
Law Offices ofDunewood Truglia
First Street P.O. Box 222
New Suffolk, NY 11956 Telephone 516 - 734 - 6450
Irm'D.r..~..@.. if-a 'w'-~--'.I.,
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.
'.'
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Stanley Swanson and
Sharon Swanson,
Plaintiffs,
AFFIRMATION of
SUBSEQUENT SERVICE
as per CPLR 312-a (e)
Index No. 94-12702
vs.
Robert D. Hamilton, et al.
Defendants.
AFFIRMATION of SUBSEQUENT SERVICE as per CPLR 312-a (e)
DUNEWOOD TRUGLIA, Esq., an attorney duly licensed to practice law in the State of New
York and counsel for the plaintiffs herein affirms the following under penalty of perjury
pursuant to CPLR 2106:
I. On June 2, 1994 an index number was purchased and a copy of the attached summons and
complaint was filed with the Clerk of the Court in Suffolk County.
2. The affirmant served the summons and complaint by mail on the defendants Robert D.
Hamilton at 200 Smith Dr. South, Southold, NY 11971 and upon Northeastern Bible College at
12 Oak Lane, Essex Fells, NJ 07021, on June 2, 1994, in accordance with CPLR 312-a. Each
defendant was sent, via US Mail, one copy of the summons and complaint and two copies of the
statement of service by mail, together with a self-addressed stamped return envelope bearing the
post office address of plaintiffs' counsel. Both of these defendants have now appeared and both
have answered the complaint alleging jurisdictional defenses based on improper service of
process.
3. Both of these defendants, through counsel, had previously agreed to return a duly
executed acknowledgment of service of process, but to date neither has done so. More than thirty
.
'.'
days has elapsed since these defendants received the summons and complaint served on them on
June 2, 1994.
4. To date, both of these defendants have therefore neglected to acknowledge that service
was properly made by mail pursuant to CPLR 312-a and have neglected to delete any defenses in
their respective answers with respect to improper service of process.
5. Plaintiffs therefore are compelled to re-serve these defendants in order to preclude any
such defenses based on improper service and to proceed with the older and more costly methods
of personal service under CPLR 308, which is the very thing which the new service methods
designated under 312-a were implemented to avoid.
6. Plaintiffs do intend to move for costs, fees and expenses pursuant to CPLR 312-a (f) at
some point in the litigation to recoup the monies they were forced to expend on the subsequent
service of process in the instant matter.
7. This affirmation is made pursuant to the statutory notice required to be included in the
subsequent service provision under CPLR 312-a (e).
Respectfully submitted,
/- (/ ;::" .- L .
( f/-l.......
Z/ ~.--.--;// /- ,-t.-"'-1--7-. '--q ,
Dunewood Truglia, Esq. /
Attorney for Plaintiffs
Dated: September 23,1994
Law Offices of Dunewood TllIglia
First Street P.G. Box 222
New Suffolk. NY 11956
516 - 734 - 6450
2
.
'.
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Stanley Swanson and
Sharon Swanson,
Plaintiffs,
vs.
Robert D. Hamilton,
Louis Dalessio, Sr.,
Northeastern Bible College and
John Doe and Jane Doe, as representatives of all
other unknown individuals, partnerships, and
corporations having an ownership or possessory
interest in the real property located in District 1000
and described as Section 141, Block 2, Lot 21.5, in
the Real Propertyrrax Records maintained by the
Clerk of Suffolk County,
COMPLAINT
Index No. 94-12702
Defendants.
I. NA TURE OF CONTROVERSY
1. This is an action pursuant to Article 15 of the New York Real Property Actions and
Proceedings Law for the declaration of an easement in real property. The subject matter
concerns the usage of a dirt driveway which runs along the northern portion of plaintiffs'
property and which connects Route 48 at its southeastern side to Horton Avenue at the north
side. In doing so, the driveway traverses adjoining land owned by one of the defendants herein.
( See Drawings" A" and "B", attached hereto for illustration purposes and made a part of this
complaint.) In addition, the plaintiffs seek preliminary and permanent injunctive relief against
all defendants, together with monetary damages and costs.
II. PARTIES AND VENUE
2. Plaintiffs Sharon Swanson and Stanley Swanson are husband and wife, residents of
Suffolk County, New York and are the owners of certain property which is located in District
1
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'.
1000 and described as Section 141, Block 2, Lot 15, Town of South old, Village of Mattituck,
New York, in the real property records maintained by the Clerk of Suffolk County, hereinafter
refen'ed to as the "Swanson Parcel".
3. Upon information and belief, Defendant Robert D. Hamilton is a resident of Suffolk
County, New York and is the owner of a certain parcel which adjoins the above described land
of the plaintiffs. Defendant Hamilton's parcel is also located in District 1000 and described as
Section 141, Block 2, Lot 21.5, Town of South old, Village of Mattituck, New York, in the real
property records maintained by the Clerk of Suffolk County, hereinafter referred to as the
"Hamilton Parcel".
4. Defendant Louis Dalessio, Sr., is the tenant in occupancy of the Hamilton Parcel and has a
present possessory interest in said parcel. Upon information and belief, Defendant Dalessio is the
contract vendee for purchase of said parcel from Defendant Hamilton.
5. Upon information and belief the Defendant Northeastern Bible School is a foreign
corporation having its principle place of business at 12 Oak Lane, Essex Fells, New Jersey.
6. Venue is proper in Suffolk County because plaintiffs and most of the defendants reside in
Suffolk County and the property which is the subject matter of this action is also located there.
11/. FACTS GIVING RISE TO THIS ACTION
7. Plaintiffs' predecessor-in-title was John J. Haas who purchased the land in about 1960 and
built the house now occupied by the plaintiffs in approximately 1962 - 1963 for his own family's
use. Since about 1962 the dirt driveway referred to in Paragraph I above has been in existence
and was used continuously by the John J. Haas family until the property was transferred to the
plaintiffs in 1989.
2
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8. The plaintiffs have used the driveway in the same manner and for the same purpose as
their predecessor-in-title, namely to provide for their personal egress to Horton Avenue located
to the north of the Swanson Parcel, see Drawing "B" for reference.
9. The use of said dirt driveway has been continuous, open, adverse, exclusive and under
claim of right from approximately 1962 up to the present time. See Affidavits of John J. Haas,
John R. Haas, Lynn C. Dunbar, Harry G. Charkow and Edward L. de Reeder attesting to the
existence and usage of said dirt driveway, attached as Exhibits C - G hereto and made a part of
the complaint.
10. In or about late February or early March, 1994, Defendant Dalessio, allegedly acting
pursuant to the orders of Defendant Hamilton, proceeded to bar plaintiffs' access to that portion
of the dirt driveway which traversed the Hamilton Parcel, thereby preventing for the first time,
the plaintiffs' egress to Horton A venue. Plaintiffs' two youngest daughters had used that egress to
await the school bus which picks them up on Horton Avenue, in exactly the same manner as the
children of the former owner John J. Haas had done in the early 1960s when they lived on the
Swanson Parcel.
11. The plaintiffs protested and asked the defendants to remove the blockade, however
Defendant Hamilton claimed that a document which was signed by the plaintiffs, when he
purchased the parcel from his predecessor-in-title, Defendant Northeastern Bible College, gave
him the right to do this.
12. The plaintiffs, at the time of the sale of the Hamilton Parcel to Defendant Hamilton, were
approached by the attorneys for Defendant Northeastern Bible College and told that if they did
not sign a paper which acknowledged in effect, that the portion of the dirt driveway which
connected the Swanson Parcel to Horton Avenue was owned solely by their client, Defendant
Northeastern Bible School, that the driveway would immediately be blocked and plaintiffs
access barred. The plaintiffs were told that signing the paper was only a formality, that it would
help the new owner complete his purchase,
3
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'.'
13. Plaintiffs were further told by Defendant Northeastern Bible School, through its agents,
that the signing of the paper was necessary otherwise the title company would not "close" and
that it would not affect their continued right to use the dirt drive egress. This last was very
important to the plaintiffs since the only other access to their property was from a high speed
four-lane divided highway, ( Route 48 ).
14. There was never a hint that plaintiffs may already have acquired an inchoate easement and
that this in fact was what the defendants' true concerns were and not mere "ownership".
Furthermore plaintiffs were never informed that the subject of the document was negotiable or
that they could have any input at all into its language. Plaintiffs were intimidated and misled into
thinking they had no choice in the matter and since there never was any dispute about
"ownership", the plaintiffs signed the document. ( See Exhibit H, attached and made a part
hereof. )
15. Plaintiffs aver that both "ownership" and the "right of use" are two distinct elements
which mayor may not co-exist in the same person under the laws of this state. Plaintiffs further
state that at no time did they relinquish any of the valuable property rights which they have.
They were not told that their dirt driveway usage may have already ripened into an easement by
prescription at the time the document was foisted upon them by defendants' agents, nor were
they asked to give up any such right, nor were they offered any consideration to induce them to
do so, knowingly or otherwise.
16. Plaintiffs had in fact acquired an easement by prescription due to the character and
continuous use of the dirt driveway both by themselves during their period of ownership, and, by
their predecessor-in-title for a period of time which was decades longer than the statutory period
necessary for an easement by prescription to arise. In order to relinquish any such right any
purported release must be clear and unambiguous as to that intention, and it must be supported
by adequate consideration.
4
.
...
17. Said prescriptive period had already run prior even to Defendant Northeastern Bible
College's purchase of the Hamilton Parcel in 1987, i.e., sometime during the ownership period of
Northeastern's own predecessor-in-title ( the North Fork Baptist Church ).
18. It was only after defendants blocked their egress that the plaintiffs first sought counsel and
have since come to understand the scope of their legal rights to a prescriptive easement in the
dirt driveway. They could not and did not intend to simply give those rights away for nothing. It
is overreaching for the defendants to suggest that that is in fact what happened when the
plaintiffs signed the acknowledgment of "ownership" drafted to benefit Defendant Hamilton
prior to his purchase of the Hamilton Parcel in 1991.
IV. CLAIMS FOR RELIEF
COUNT I
19. Paragraphs 1 through 18 above are hereby incorporated by reference. The existence,
character, conditions and period of usage comply with the common law and statutory
requirements for an easement by prescription to have arisen over that portion of the dirt
driveway which traverses Defendant Hamilton's Parcel and connecting it to Horton Avenue.
20. The defendants' intentional interference with said prescriptive easement has damaged the
plaintiffs and their family members. Defendants' insistence that plaintiffs have lost whatever
rights they may have had due to the document they signed is tantamount to a taking by fraud.
COUNT 1/
21. Paragraphs 1 through 20 above are hereby incorporated by reference. Plaintiffs have
suffered damages, emotional distress and inconvenience, e.g., the interference with their right to
egress of Horton Avenue in the middle of plaintiffs' daughters' school year. Plaintiffs will
continue to suffer substantial injury for which their is no adequate remedy at law due to
Defendant Hamilton and Defendant Dalessio's willful and continuous interference with plaintiffs'
5
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right of egress to Horton Avenue via that portion of the dirt driveway which the defendants have
now blockaded.
COUNT III
22. Paragraphs 1 through 21 above are hereby incorporated by reference. Defendants' have
attempted to, or in the alternative, have succeeded in taking away an extremely valuable property
right inherent in the right to use the dirt driveway, by the use of fraud and duress. The purported
release was lacking in a clear and definite statement so as to be able to effect a reasonable
meeting of the minds and it was unsupported by adequate good and valuable consideration.
Defendants have overreached and have dealt unfairly with the plaintiffs by failing to mention to
them what was truly at stake and by not advising them to seek their own legal counsel as they
had a duty to do under the circumstances. Plaintiffs have thereby suffered damages in diminution
of their property value and personal damages such as emotional distress, disruption of family
activity and out of pocket monetary damages in costs and fees for this action.
WHEREFORE, the plaintiffs pray for judgment pursuant to the claims made herein and request
that the Court grant the following relief:
A. Preliminary and permanent injunctive relief prohibiting the defendants from
blocking plaintiffs' access, or interfering in any way with their egress, to Horton Avenue via that
portion of the dirt driveway which traverses Defendant Hamilton's Parcel.
B. That the Court declare the existence of an easement by prescription for the benefit
of the Swanson Parcel, over that portion of the dirt driveway which traverses Defendant
Hamilton's Parcel connecting the plaintiffs driveway with Horton Avenue to the north and that
the Court further order such revision to the deed or deeds affected by such declaratory judgment.
6
.
."
C. For damages due to the willful and intentional blocking of the dirt driveway in
the middle of the plaintiffs' daughters' school year and for the negligent and intentional infliction
of emotional distress caused thereby and for monetary damages resulting therefrom.
D. For damages due to the fraudulent inducement to relinquish valuable property
rights and the subsequent diminution of property value resulting from the taking thereby without
just and adequate compensation.
E. For costs, counsel fees and such other relief to which the plaintiffs may be
entitled.
Dated: June 2, 1994
Dunewood Truglia, Esq.
Attorney for Plaintiffs
Law Offices ofDuntmlood Truglia
First Street P.O. Box 222
NtmI Suffolk, NY 11956
516 - 734 - 6450
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AREA = 3.4958 ACRES
CERTIFIED TO'
FIRST AMERICAN TlTLt:
OF NEW YORk
SOUTHOLD SA VINGS B)
ROBERT D, HAMIL TON
NY,S, Lie. NO. 49818
Prepared In accordance wilh Ihe
slandards lor Iille surveys as es
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Exhibit c
AFFIDAVIT
JOHN J. HAAS, a resident of Palmyra, VA, being over the age of eighteen years, and
being duly sworn deposes and states the following to be true and accurate to the best of
his knowledge and belief:
1. I formerly resided in the house that Stanley and Sharon Swanson now own. I
had that house built for myself and my family in about 1963. Before building that house
we lived on an adjacent parcel immediately to the west of the subject parcel which we
also owned.
2. To my own personal knowledge we have used the dirt driveway located on the
north side of property now owned by Stanley and Sharon Swanson since sometime
before before commencing construction on our house. This drive connected our
driveway from Route 48 to Horton Avenue to the north. In doing so it crossed property
formerly owned ( at the time our house was built) by Kaiser and others then by the
North Fork Baptist Church and is now owned by Robert Hamilton. That dirt drive has
been in existence in its present location and has been used since prior to 1962. It is the
same one that is there today.
3. I recall using the dirt driveway while we lived in the house and can remember
that my children John and Lynn used it to get to the school bus which would pick them
up on Horton Avenue. Our family used the dirt driveway continuously and through
successive ownerships of the abutting property to the north, until we sold our parcel to
the Swansons in 1989.
4. I make this affidavit of my own free will and recollection and will so testify if
requested.
~ t~1lAA
C .{/'
John J. Haas
f/;<;g /9Y
" ,
( date)
.
'."
Sf ATE OF VIRGINA
COUNTY OF FL.!JV (',AWl<- , ss:
Sworn to before me this ::If -r-h day of April 1994; on this date before me personally
carne John J. Haas, an individual known to me to be the individual described herein
and who executed the foregoing affidavit and who duly acknowledged that he
executed the same.
.-.--
C-I Al~ ~.u)adL--
Notary Public
,. <=Jf~.~r r:--'/-qlf
fTl'1 L."''''''(.~/.^' "". ,....."". ...., T
NOTARY SEAL
2
.
."
Exhibit 0
AFFIDAVIT
JOHN R. HAAS, a resident of Cutchogue, NY, being over the age of eighteen years, and
being duly sworn deposes and states the following to be true and accurate to the best of
his knowledge and belief:
1. I formerly resided in the house that Stanley and Sharon Swanson now own. Said
house was built by my father John J. Haas in about 1963. Before building that house we
lived on an adjacent parcel immediately to the west of the subject parcel.
2. To my own personal knowledge my father began using the dirt driveway
located on the north side of property now owned by the Swansons before commencing
construction on our house. This drive connected our driveway from Route 48 to Horton
Avenue to the north. In doing so it crossed property formerly owned ( at the time our
house was built) by Kaiser and others then by the North Fork Baptist Church and is
now owned by Robert Hamilton. That dirt drive has been in existence in its present
location since prior to 1962.
3. I recall using the dirt driveway while we lived in the house and can remember
that my sister Lynn and I used it daily to get to the school bus which would pick us up
on Horton Avenue. Our family members used the dirt driveway continuously until the
properly was sold to the Swansons in 1989.
4. I make this affidavit of m own free will and recollection and will so testify if
/
requested.
,
,--.
( date )
STATE OF NEW YORK
COUNTY OF SUFFOLK, ss:
.
'. "
Sworn to before me this 2- 2-- day of April 1994; on this date before me personally
came John R. Haas, an individual known to me to be the individual described herein
and who executed the foregoing affidavit and who duly acknowledged that he
e. xec. ut~e same. 1..). /,/
"'.//? /;//Jj.
'71.~I-Ut../ , .~ .~-;) ,
Notary Public
NOTARY SEAL
".',HUr"N D. KOTZKY
NOTARY PUBLIC, SII1I. of New York
No. 4842181
Qu"t1f1.d In Suffolk County ~~/
(""''''''flen bpi,.. July 31, J9W
2
~-~~
.
~i~E
AFFIDAVIT
LYNN C. DUNBAR nee Haas, a resident of Denton, TX, being over the age of eighteen
years, and being duly sworn deposes and states the following to be true and accurate to
the best of her knowledge and belief:
1. I formerly resided in the house that Stanley and Sharon Swanson now own. Said
house was built by my father John J. Haas in about 1963. Before building that house we
lived on an adjacent parcel immediately to the west of the subject parcel.
2. To my own personal knowledge my father began using the dirt driveway
located on the north side of property now owned by the Swansons before commencing
construction on our house. This drive connected our driveway from Route 48 to Horton
A venue to the north. In doing so it crossed property formerly owned ( at the time our
house was built) by Kaiser and others then by the North Fork Baptist Church and is
now owned by Robert Hamilton. That dirt drive has been in existence in its present
location since prior 10 1962.
3. I recall using the dirt driveway while we lived in the house and can ~emember
that my brother John and I used it daily to get to the school bus which would pick us
up on Horton Avenue. My grandparents who lived on Westphalia a short distance
away used that dirt drive whenever they would visit. Our family members used the
dirt driveway continuously until the property was sold to the Swansons in 1989.
4. I make this affidavit of my own free will and recollection and will so testify if
requested.
~ I~ f) , I!
( /) (/If.-t1. L- <JL/J.4tjftl1-,
Lynn C. Dunbar
,t;"- 3,' Q7'
( date )
//
//
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STATE OF TEXAS
COUNTY OF B,FJ;!!pN, ss:
~~1.
Sworn to before me this ~ day of 1994; on this date before me personally
came Lynn C. Dunbar, an individual known to me to be the individual described
herein and who executed the foregoing affidavit and who duly acknowledged that she
~d t~i sa~eC\ _
~j~L ~2~nA.i
Notary Public
2
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.
.
Exhibit F
AFFIDAVIT
HARRY G. CHARKOW, a resident of Mattituck, NY, being over the age of eighteen
years, and being duly sworn deposes and states the following to be true and accurate to
the best of his knowledge and belief:
1. I have resided at the corner of Westphalia and Middle Road ( now Route 48 )
since approximately 1947 and I am quite familiar with the surrounding neighborhood.
2. To my own personal knowledge I remember a dirt driveway located on the
north side of property now owned by Stanley and Sharon Swanson. This drive connects
the Swanson's driveway from Route 48 to Horton Avenue to the north. In doing so it
crosses property formerly owned by the North Fork Baptist Church and now owned by
Robert Hamilton. That dirt drive has been in existence in its present location since
approximately the early 1960s and I recall visiting the Haas family many times over the
years and accessing their property from the Horton Avenue side.
3. I know the man quite well who built the house ( John J. Haas) on the property
now owned by the Swansons and I recall that he was using that dirt drive since
constructing that house in 1962 or 1963. The Haas family continued using that dirt
driveway up until the time the property was sold to the Swansons.
4. I make this affidavit of my own ftee will and recollection and will so testify if
requested.
r!.<,(t-&'CZ, ~&/
H ry G. Charkow ( date )
.
eo'
STATE OF NEW YORK
COUNTY OF SUFFOLK, ss:
Sworn to before me this d (0 day of April 1994; on this dale before me personally
came Harry G. Charkow, an individual known to me to be the individual described
herein and who executed the foregoing affidavit and who duly acknowledged that he
eJec;d the same. '
/) ,tt7Jl",-0 (y (tLv-vv-v----
Notary Public
NOTARY SEAL
MElANIE V. BROWlI
Ndlry NlIo, Slal8 01 N.. Ymc
No. 4908712
QJaIilIecIkI SuIIoII ~ (' -'
00mmInlonExphlOd.19. f9:[ L)
2
,
.
.bi~ G
AFFIDA VIT
EDW ARD L. de REEDER, a resident of Southold, NY, being over the age of eighteen
years, and being duly sworn deposes and states the following to be true and accurate to
the best of his knowledge and belief:
1. I lived in the town of Mattituck beginning in 1948 and during that year I met
John J. Haa~. I have been friends with him since that time. I remember when he built
the house on the Route 48 property in Mattituck in 1963. That property is presently
owned by Stan and Sharon Swanson.
2. To my own personal knowledge I remember a dirt driveway located on the
north side of the Haas ( now Swanson) property. This drive .:onnected the Haas'
driveway from Route 48 to Horton Avenue to the north. In doing so it crossed property
formerly owned by the North Fork Baptist Church and now owned by Robert
Hamilton. That dirt drive has been in existence and has been in use in its present
location since approximately 1962 or .1963.
3. I can recall that every time we visited the Haas, whenever We approached their
home from the west we would turn off of Roule 48 onto Shirley Rd. then onlo Horton
Avenue and we would enler the Haas property from the dirt drive entrance frem the
north. 11 is the same dirt drive which is there today.
4. I make this affidavi~ of my own free will and recollection and will so testify if
requested.
) - .L 7, /:/) 6.
<.:-r<C:f- t. -7/.." . <<'""6- ..I.6C.!.<!.e. J 1.
.5-. 1/- 7~
EDWARD de REEDER
( date)
.
'."
STA TE OF NEW YOnK
COUNTY OF SUFFOLK, ss:
Sworn to before me this / / ;;'7< day of May 1994; on this date before me personally
came Edward L. de Reeder, an individual known to me to be the individual described
herein and who execuled the foregoing affidavit and who duly acknowledged that he
executed the same.
----X- ('-tv IJJ. o::1L.~\_'<?'
Notary Public
NOTARY SEAL
HElENE D. HORNE
Notary Public, Slale of New York
No. 4961364
Qualified In Suffolk County ..--: < _
Commission Expires May 22, 19 X2
2
-.-----
, .
.UCHON AND KOO..lIo4AN
. ,n O.OWIII /",11.."
"'ID~"". ~.... ".J 0'.31
'. I ' Exhibit II
-
fN"'~" II ">>f III IN
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TI~.oe.lI. tIO~ .,. D013
-,At" MOO'" MAN
........,.........,..."..
.qyeabe~ 11, 1"1
"r..ltanla, a. aw.aton
Ma.'hel'on I. hW'-....
Middl. aoad
MattHuck. NY 11952
III I NoRh...~.n au,l. CloU.,. 'I'openy
coun~y ao.. 41 . Hol'ton lvenua, Mattltuok, NY'
Dlrt Drlv..ppa..antlY axltlnq Iwanlon propal'ty to
Horton lvenue
our rl1. 10. 701.17
0.. r "I'. .v.naon Ul4 .... .veneon I
The under.l,ned i. the .ttol'nay tOI' Northae.t.1'D 81bl.
colle9a, ownar of the abov, oaptloned propal'ty. The
property 1. pre..ntll und.r aontr.ot to be .0 4 to aobert
Hamllton. In pra,.r n, for olo.ln, the .ul'V.yor ha. 10cate4
the dlrt drlv. exitln, your proparty to Horton Avenua. J
have advi..d .y allent. to 010.. off thl. .a.n. of .,ra.. to
your proparty unl... you loknovl.d,a thet the dirt drlva
from your prop.rty, tr.n'9r...in, North...tern'. property to
Horton Avanua i. owna. by Mortha..t.rn Bible Calle,. and,
you have no awnerahip ri,ht. to th.t proparty' Your
exeoution of thi. aorra.pondanoa vill .oknov Id,. that you
are not the ownar. of th.t dil't drive .nd will not ....rt
any owner.hip clai. oval' tha .... wh.t.oavar. thould you
acknowlad91 th.t on tn. 00P1 of tnt, corr'Ap~nd.r.=Q
enalo.ad, .Y oli.nt. will ,...-it you to cont1nua to u.e tha
property pandin, the alo.ln, ot'~hl. tranl.ot1on to N~.
Ha.ilton. Thareatter you vil1 have to da.l with M~.
Ha.llton .. the owner ot tha property Ihould you with to
continue to u.. the d1rt drive.
..IC:.................-----...............
.. -.. . - -.. .............................-........................................
.-11- ....... ....___
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.hould you bay. ."1 ",..tlona, pie... do not b..lute
to oontaot .e .t the te ephone "uaber lleted above.
Very t~uly you~.,
"IICIIOII . ~Il
au..e1 I. "elObo"
RIIT/el
% h.r.br aoknowled,e .ortb..ete~n albl. coIl.,.'.
owner.h p of the dlrt d~lYe referred to hereln.
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dh.il~ .Jl<)li~
. e&'On . .....
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IXUft'r or
en t.he .., Of _ _, 1"1, baton. PII1IClnau, CMe
and aw-ued ifiJm i. ...... 1M ..... H. SNMIe*, to . 1alCNII and ICncMI
to l1li to be t.he lndlvldllAl' ducrlbed in and It'ho t:ICIIClUted the fongol"9
Inlt.r\IIIleI\t, and who d\l1y ac:IcnOVledged to .. that they ~ t)w ....
.
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TflOMAS J. UHlINGER
NOTARV PUBLIC, 51.'. .1 N"" V.rl
No. 01 - 4733066
Qu.lllled In Surloll Counly
Ccmm...1on &p'''',u i tiS, 19 7 J
rerr d
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.
.
TOWN OF SOUTH OLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.
DA TE .!!W\l~t,..?l..J.~.~.?..
TO THE ZONING BOARD OF APPEALS. TOWN OF SOUTHOLD, N. Y.
, , (We) ~.ti11lJ~. .iIDg..~oo.mn..Rwim~p... ........... of . .3~i?2..~~!;~. .~~....... ..........................................
Nome of Appellont Street ond Number
M3.ttituck
Municipolity
NY 11952
............................HEREBY APPEAL TO
Stote
.............................................................................................
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. .................................... DATED ......~J?j~.?....................................
WHEREBY THE BUILDING INSPECTOR DENIED 10
of approx.
STanley arid Sharon Swanson for lot Line Change: Hamilton to Swanson
__.......~n.__..._..........................u.._.........................
Nome of Applicant for permit
8,129 sf ( triangular piece) of pacel owned by Hamilton,
SCTM # 1000-141-2-
21.
( )
( )
(X)
-...si~.~~i.~.~d..N~~b~~......... ................M.:;~.i.~.ip~iiiY....................si~i~.......................
PERMIT TO USE located on Horton Ave., Hattituck, NY 11952
PERMIT FOR OCCUPANCY
Area variance; lot Line transfer fran Hamilton to Swanson
I. LOCATION OF THE PROPERTY f.71l.Boct.cm..Aue......Mattitu~,..l:f(...........................................
Street /Hamlet / Use District an Zoning Map
District 1000 Section141B1ock2 Lot 21.5 Ibbert D. Hamilton
..-...........-.........-..-.........-_....._...................... Current Owner
Map No. 9343 . Lot No.3 Pri or Owner Ibbert D. Hamilton
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
..ction and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinonce.)
Article III A Section 100-30A.3.
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
(x) A VARIANCE to the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to lack of access (Stote of New York Town Law Chap. 62 Cons. Lows
Art. 16 Sec. 280A Subsection 3
(
4. PREVIOUS APPEAL A previous appeal <MIOO (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for 0 variance c-_. -"......-...._-~.:u
and was made in Appeal No. ................................Dated ............................................)..;;:'.Ll~:::~}J] rn !~ll
...... ;i lilt
(ilill
,
I" i
REASON FOR APPEAL
Fonn ZBI
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
(X) Area variance for SCTM # 1000-141-2-21.5 to pennit transfer of triangular piece(8,]~U "1
is requested for the reason that as part of a settlement of a lawsuit now pending in Supreme COllr L
Suffolk Cbunty ( 94-12702 Swanson v. Hamilton). Suit was Dr<"
to impress a prescriptive eaSEment over the use of a dirt ,>
which runs between these adjoining neighl:Drs, ( see map attad1ed b
app1.ir.at;ion ). As part of the settlanent Hamilton has agreed to
\COnllnue on ather side)
transfer an irregular triangular piece to Swanson SO that the dirt
drive will then be entirely on Swanson's land. There will be no
change to the character and use ofi~+~~~HX;r~t5W5ial properties
arid the variance is scught as a ,..."c -A:U Il.GIIIu'l~ Line Change
_~.aH
which has been =ncurrently appli~,f~ Planning Board.
,~t ~" , .,
.
.
...
.
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sory HARDSHIP because, an amicable settlenent has been arrived at to disjXlse of the pending
litigation between these adjoining property owners. without being able to have a IDt Line
Change granted administratively by the Town of Southold, the parties would be forced to =nti
the litigation over the pres=iptive eaSEment which =ncerns a dirt driveway which has been
in existence and use since Swanson's predecessor built the house in 1963. Hamilton Purchased
the adjoirring property in 1991 and in 1994 a dispute arose over the use of the dirt drive,
which resulted in the instant litigation. Swanson's children need to =ntinue to use the dirt
drive to board the school bus from Horton Ave., a much safer access than via Route 48, a divi,
highway. 1'he Swanson's need =ntinued access to the Horton Ave. ' driveway when returning hane
from a westerly direction and the driveway itself has been so used by their predecessor ( Haa,
after Ibute 48 became a high speed divided highway. Hamilton has only recently blocked access
to that portion of the irregular triangular piece which is the subject of this application. TI
piece is virtually unuseable to Hamilton because of its position on Horton Ave. and should be
a part of Swanson's parcel, which, if permitted by the Town, would solve the problen in toto.
2. The hardship created is UNIQUE ond is not shored by 011 properties olike in the immediate
vicinity of this property and in this use district because this =ncerns a dirt drive which runs along
the bOundary between these two property owners ( see survey map attached to application ).
The LDt line Change would permit Hamilton to =nvey to Swanson ( by purchase) an irregular
triangular piece ( approx. 8,129 sf ) which would then be merged into Swanson's lot and whid
would not exist as a separate sub-standard parcel.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because, there would be no change at' all in the character or use
of these r-esidential properties. The end result would be tha:t Hamil ton's lot would be 8,129 <
smaller and Swanson's lot would be 8,129 sf larger. Both lots now =ntain single family resi
dential houses and no building or other changes are =ntenplated. The gr-anting of the area
variance on Hamilton's lot SCTM # 1000-141-2-21.5 would enable the IDt Line Change and would
facilitate the settlEment of the suit between the parties ( SwanSon v. Hamilton). Both
Swanson and Hamilton have agreed to this transfer and seek Town approval. There would be no
detriment whatsoever to the health, safety and general welfare of the neighborhood or
ccmnunity if the variance were to be granted.
STATE OF NE~. Y~;~t--) ss..':<1.'~''.7:~...~.~~~~.~...~S/tu~'!::.!..?I, iJidi"lld(l1\.
COUNTY OF '/<.t~fl\ ) 'V Signature
Sworn to this ................'t.:...~................ day af...........&t.~.............. 19'1r
Cd
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DUNEWOOD TRUGLlA
ATTORNEY AT LAW
First Street P.O. Box 222
New Suffolk. NY 11956
516 - 734 . 6450
Fax 516 -734.5152
August 2, 1995
Tom Fisher,
Southold Building Department
Town HaIl
53095 Main Road
Southold, NY 11971
Re: Lot Line Change, Triangular Piece from Hamilton to Swanson,
Horton Avenue, Mattituck, NY;
Suffolk County Tax Map # 1000 -141- 02 - 21.5 (Hamilton Property)
Suffolk County Tax Map # 1000 -141 - 02 -15 (Swanson Property)
Dear Mr. Fisher:
On behalf of my clients, Stanley Swanson and Sharon Swanson, I submit herewith for
your consideration and approval, an Application For a Building Permit as part of a lot
line change on properties located in Mattituck, NY.
The project name is Lot Line Change, Triangular Piece from Robert D. Hamilton to
Stanley Swanson and Sharon Swanson, Horton Avenue, Mattituck, NY.
Please note that the sum total of the change which we are requesting has to do with the
alteration of a lot line on a sub-standard lot ( Hamilton ). There is no construction or
change of use planned and we were told that this request was necessary to obtain a
denial from your department as a first step in proceeding with a lot size variance in
order to support the lot-line change application.
The reason for the change is the settlement of an action commenced by Swanson against
Hamilton to secure an easement by prescription over an existing dirt driveway which
runs between the parcels owned by Swanson and Hamilton respectively. ( Swanson v.
Hamilton, et al; Supreme Court, Suffolk County, Index No. 94 -12702 ). As part of the
settlement, the parties have agreed to transfer an irregular triangular piece for a
valuable consideration as a means of settling the easement issue, see attached survey
diagram for ease of reference. There will be no change in the character or use of the
property, only the ownership will change.
.
.
DUNEWOOD TRUGLlA
ATTORNEY AT LAW
I can be reached at the letterhead address. Please call if you have questions. Thanking
you in advance for your consideration, I am
Very trf yours,
D"~,"gli'
Attorney for Swanson
cc: Linda Kowalski
Robert Kassner
Rudolph Bruer, Esq.
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ronM NO.1
TOWN OF SOlJ11IOLD
BlJlLDING DEpAf1TMENT
TOWN IIAU
SOlJlI10LD. NY. 11!JII
IEL.: IG!l1110:!
noel or I\(ALTlI
) SETS or 1'1..';'5
SUnVEY.....
C1IEE 1: ......
S E I'T I C I' (J III I
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1\111110\'('<1
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.Permil No.
Di<;;lppro\'cd a/c
(Buildi"g'"speelor)
APPLICATION FOil BUILDING pEIlMIT
..1L."I'
Dole .
INsmUCTIONS
il. This i1ppliCcttiOIl must he completely rilled ill hy typewriler 01" in ink :1Ilt! submitted fa the Building Inspcclor, wilh .1
,tis of plans, accurAte plot plcHl to scnle. f'ee according to schedule.
h. Plot plnn showing IOCilliol1 or lot OIHI of hulldlngs 011 pren,i~es. relnlionship 10 adjoining plell1i~es or puhlic SllcelS
:>, o'eas, olld giving a deloileel descriplioll of 'ayoul of properly lIIusl he d,"wlI on Ihe diag,alll which is po,l of Ihis oppli.
:'aliol1.
c. The wOlk coveted hy this applicnliolt tIIilY not ue cOl11l11enced herore issu~l1ce or Building Permit.
d. Upon npprovnl or this npplicntiol1, lhe Building III~pector will isslJed n Building Permit to (he npplicilllf. SI1('h pl'lIl1i1
shall he kepi onlhc ptemises Avnil:,hle for in~pcctiol1 Iltroughollllhc wOIk.
e. No huilding slwll he occupied or used in whole or in prill ror any purpose whntever until n Cellirica(e ofCkcup:lIlcy
"l1all hove heen gron!ed by Ihe Bllilding Inspector.
APPLICATION IS HEREBY MADE 10 the Bllilding Deporlmen! for Ihe issllonce of 0 Bnih1ing PeTlnil pllrsllonl In Ill"
Bllilding Zone O,din.nce of Ihe Town of SOlllhold, SIIffolk Coullly, New YOlk, olld olhe, .ppli"o"le Lows, Ordillollces no
Rcgnlal;olls, for Ihe consll1,elioll of hllildillgs, .ddllions ot ollerolioll~, or for removal or demnlilion, os hereill desclil,,,d.
I he applic'1I1 oglees 10 comply wilh .11 'pplicahle lows, o,dinnllces, hlll~ode, hOll~ill cnde, 311d legll'o ' ns, olld 10
adlll;1 alltholited ill~peclO1s Oil premises alld ill bllildillg fot lIecessory i1lS~~ . . , . . ~ . ~. "f. '/ ~
(Signature or npplic3nl, or 1I~l1le.' n corporation)
1447 0,,,,,.....~.
(Moilillg address of opphcolll)
Slale whetl1er applicall! is
.A~v{
owner, lessee, agent, alchitect, engineer, general conlractor, electrician, plumuer or bllilder.
N:lIlll' or owner or plclllises
Uj~1I1Arot4~. .
(as Oil Ihe lax loll 0' lalesl deed)
It :ll'plic;IIJt is a cOIpor<lliol1, sigJlnhlte or dilly al1lhOlii.ed officer.
(Name and lille of c,,'pOlalc "fIj'%"')
Ilnilde,'s I.ic"nse No. ............ ~4.
/(
PIll/llhel'tj I,icensc No.
Fleet! ician's 1.iccllse No.
/(
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II
(Jlhn '1 ""Ie's I.icense N". :.. ................. ~.
, "~"""g~!,:h,:t;;'k:11""~~..II~..k::
lI"use Numher Streel lIollllel
C(;n",ly Tox ~Iop No. 1000 Seciion ...: /..4!-j. Block ....t?0. . . . . . .. LOI...? I. . s.-. . .
Subdlvls'on. .~.lJ.II~). Filed Mal' No. . CJ.? ff.::>.... Lol.. .fIit. .::s.
(Nollle)
';1,'1(' "xisling IIse ~nd occllponcy of p,elllises 3n<l inlen<le<l lISe 3n<l OCCllp~II('Y of plopose<l COllstlIlCIi! 11.
a Ixislillgllseon<loccllponcy .M-:,~ ,~. '..~..~.{~
rlA^:;I-' / ~7J;t- -/ ?
h. Illlf'l1e1ed l1~l' alld OC\lIp;'tllrV
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1:.11111.(' 01 \\ Olk {clteck Willi ",.,,:: 'lhle): N~w Hllildinl! . . . . . . . . . . ^ 11,'1' , All I'
f, (( 'A I . .. . .. . .. . eral~..L',d.' '," j
~'('I'all .............. Re,nova.. . . , . . . . . . " De'nolilloll .,..:...... Olher Work ~~ :y~
(IJe~cripl ion)
1. ""i,naled Co~1 ....... ". ..... ....................... Fee
;. Ir dwellinp" n'"nhe, of Ilwelling Unll~
If r,;lI~l1!C, Humhet of fMS .
I Irhll~in,m, con'n~e'.cial or mixed OCclll'allcy, ~peciry "a";'~';';d'~~I'e;"1 or'each '~;)~'t;f,;;e""':::::::::::::::;.
/l'"'ensIOns 01 exlSI"'g slrllclll'e~, if any: Fronl . . . . . . . . . . . . . . . Rent. . . . . . . . . . . . .. Del'lh . . . . . . . . . . . . . . .
Ilrighl ............... Nllmher of Stodc~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
IlilnensiollS or ~"me ~hllct"'e wilh alle'aliall~ a' addilions: Fron' ...... .... . . . .. Rear..................
Ilrl'lh . . . . . . . . . . . . . . . . . . . . . . "eight. . . . . . . . . . . . . , . , Nllmhe, of Stories. . . . . . . . . . . . . . . . . . . . . .
lJin'en~ion~ of elllhe Ilew cOIl~hllctioll: F'olll . . . . . . . . . . . . . .: Rear............... Depth. . . . . . . .. . . . . . .
Ilright ............... NII"'''e, of SllHles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Size of lot: Frolll . . . . . . . . . . . . . . . .. Rear.............,........ Deplh ..............::.:.:.:
Dafe of I''''cha~e ............................. Nallle of Fa"ner OlVner ............................
Zone or Il~e di~lrict in wllich 11Iemi~es ale sHllated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
lJoe~ I'lopmed cOllstructioll violate any ?ollinp, I",IV, ",dlllallce o"eglllalioll: ...............................
Will 101 he legraded ........ . . . . . . . . . . . . . . . . . Will eXce~s fill he rell,oved fro", "'emi~es: Ye~ No
Name of OWller of 11Iell,ise~ . . . . . . . . . . . , . . . . . . . . Address. . . . . . . . . . . . . . . . . . . rhone No. ,.........
Na,ne of A,ehlfcct '" . . . . . . . . . . . . . . . . . . . . Addre~s . . . . . . . . . . . . . . . . . . . pholle No.. . . . . . . . . . . . .
Name of COllfractor . . . . . . . . . . . . . . . . . . . . . . . . . . Adllress . . . . . . . . . . . . . . . . . . . I'holle No. . . . . . . . . . . . . . . .
1" this property "Hhln 300 reel: or . I:1da' ..ctl.nd7 .Ye"........ No.........
ftlr yes, Soul:hold lmo,lfl TrllRte.es Pennlt hl:1Y he required.
PLOT DIAGRAM
(10 I", paid 011 filing lhis applicalion)
Nl1Ii,he, of dwelling Illlils 011 each noor . . . . . . . . . . . . .
.....,........ -...
Locale clearly a,,,1 di~tinclly ali hllildillp,~, whelher exi~ting at Iltol""ed, alld.hnlicale all ~el-hack dirncll~ian~ frolll
'peril' Iille~. Give slree! alld hlock nllrnher or de~cripliol1 accotding 10 deed, and ~how sheelllallles and Illdica!e whelher
.:rior or corner 101.
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IHI1' OF... . .. .".. /
,Z:?<<-.'t~d r7. .....J;-..'{..f //. "'/. . . . . . . . . . . . .. heillg dilly ~lVotn, depmes and ~ay~ 11,"1 Ire i~ lire applie"'"
(Nallle of individllal ~ig(,lllg conlrad)
'f'IWIlH:,d.
, I lie
.~~'.
...,.....................".....,..... .
(Conlradot, agent, corporale orricer, de.)
.id owner at ownets, and I~ dilly autholiwd to petfotm ot have fJetformed the ~ajd wotk and 10 make an"
:calion: lhal all slalemellts contained in this afJl,lIc~lion ale !tile 10 Ihe he~! of hl~ kl10wledge and hellef; and ""1, .'
: will be petrormed III lire IIlannet ~et fotllr 111 the ~fJfJllcnllon flied Ihetewllh,
n 10 bCrOlC me this
.......... .Zc. p-'j1; hA~:, 19 ,r s--
~'I'uhlic, ...... '~.~G.... . , , .,', . . . -. COllllty fL, ;::J--
X'Uic0+~,-)a2.ok - ~':-~'~C:::-:':".Y~r~...~~~... .....,..."..
No,1l2-4&24nk 1 t ~6 (Si 131ure or appllcanl)
Que11f1ed In Sullol COun y
Comml..1on Elfplt.. Nov. 30, 1 ~ -
filUG 0'( , 95
08:54RM SOUT~ TOWN HRLL 515 755 1823
FO~M NO.3
. (/3&D 6- p,y)p1
ty,A/
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
./. '" J'l, "'....; DI!: .~. " " " " " '" " ~.r.:
T~-((~,*:N..~(~~) , FJ.I~ ~I-d''l
-7~#4...~..~~
''Y~~'~'~,?.//?r~
PLEASE T21CE that your appl.lcltion dated. . . r/~. . . . . . . . . . . . . . . ., 19 .'f'r
lor pennltto ~,f'~(/. . ..;:t. . ..#.~. . .. . . .... . . . . . .. . .. . . .. ... . . at
Location of Property ... .rm............ .,;f!~11. .~............~ ~~
Hous. No. Str.., rF"Y t(,;,i:J
County Tax Map No. 1000 Sectlon . /fI/. . . . . . . Block .. .~. ... . . . . . Lot ~~$". .~ l.r
Subdivision. . . . . . . . . . . . . . . " Piled Map No. .....,.......... Lot No. .................
is returned herewith and disapproved on the followina arounds .V~ . . ~4 .3':"i!
oI~~.. /~d~:J.~~. .~"... .~;~ ....~T_Il.*:c. 4~
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d/J...t4.. ..~,.~ ... ./.~/.~. ..2. .:-:-..PAF...... ....... .......
.~.........~~'.....~~...+~~.~~.$~
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. . . . . . . . . . . /~ J _ "7"'L .. _,~_
~ \ . rr.-~. . . . . . . ~. . .... .. ..,('UI, . ... oo;-r~'-cJI
~~..:....................................................
........ I................ "...............................................
.....,...... I.. 1.1.......... I.......t.... t.. III......................
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"OARo Of AI'I'EAL5. TOWN OF SOUHIOLo
In lhe Maller 0' Ihe relilion of
: "y SWanson and Sharon SWanson
-i of Appeals of Ihe Town of Soulhold
NOTICE
TO
ADJACENT
PROPERTY OWNER
YOU ARE IIEREUY GIVEN NOIICE:
1. That i . the inlention of the undersignetllo petilion Ihe Uoard nf Appe~ls of lhe Town of SOUl hold
to reque" a Vari.Hlce (Special Exception) (Special Permil) (Other) [circle choicel
Area varian t to nnit a IDt Li' ne h' \ '.
. no r. ~n~p In ~h~r~~rpr Qr UED. ~
2. TI)al the properlY which is the subjecl of the Pelilion is localed adjacenl 10 your properlY and is des-
cribed as follows: That oortion of the par""l nf ~rt f) H",m; non ( "r>1'M jI 1000-141 2-21.5
which ronsi~t-~ oL..an.....;rrA]Jll~r rr;~nryl1~r pioroc:. 199at.oo 3.t the no~......1...&.'}c3"t prot.iou 01 i:)a.i.J. pcul..,;t=l
and bonledW;3 thg land of S>..llilSGR and I1ortofl A.e. ( awLUX. 11,129 :,it ) t:O be conveyed and merg€d
Wlth land of Swanson (SCTM # 1000-141-2-15 ) in settlement of lawsuit over use of dirt drivewa
~40hallhe properlY which is the subject of such relilion is localed in the follOWing loning di""ct: y.
.-1 111.11 h) such Pl.titiun,'the umJer~iKncd will requestllll' following relief: An nrPn \Trlr;r1nr-p ....() [lPrrni
Dnveyance_2L1:Eianqular:..J?iece fran HarniltDn tD SWan""n "''' '" Tnt- ripo CI:l;mge uitll no ehan<jc in
characte:c. or llse of PrnpArt-y rnnupu",nC9 i lii in 1i:8ttloorn>- :;, S ""'- "-~ . S
:2 p;:;;;I t: 0..... up. ""'..... .r-u-L-.l.v...... wCU.l~UJl v. Hcuu.illu!l.
94-12702 pending in Supreme Ct. Suffolk (booty.
5. 1h.1I Ihe provisions of the Soulhold Town Zoning Code applicable 10 the relief suu~h' by the under-
signed are IIrticle ~ Section / () tJ -:J 0 1'/. ~. .
[] Section ZBO-A. New York Town Law for approval of access over right(s)-of-way:
(l. '1 hat within five days trom the <..I.lIe hereof. a wrilten Pelitiul1 requesting the relief specified ;above will
be fil~d in Ihe Soulho~d Town C1erk:s Ornee al Main Road" SOluhold, New York and you Olay Ihen and there
e.am,ne the same during regular of lice hours. (516) 7b5-1809. .
7. That hclore Ihe relief sought may be granled. a puhlic hearing muSl be held on the mailer by the
HOMd or Appeals; Ihat a nOlice of such hearing must be published al lea" five days prior to Ihe dale of such
hearing in Ihe Suffolk Times and in Ihe Long Island Traveler-MallilUck WalchOlan, newspapers published in Ihe
T own of Southold and designated for the publication of such nOlices; that you or your representalive have Ihe
right to appear and be heard at such hearing. .
Dated:.
August 7, 1995
[COpy of sketch or plan showing
purposes. ]
stanley SWanson and Sharon SWan"nn
Pelilioner
OWlle rs 0 Name s: same
rosl Ornce Addre..
3325 R-lllt-" 4R
Mil.ttitug](, NY 11%2
Tel. No. (516 ) 734 - 6450
By: Dunewood T 1
rug ia, Esq., Attorney for petioners
First Street P.O. Box 222, New Suffolk, NY 11'
516 - 134 - 6450
propos a to be attached for convenience
.
.
,
NAME
PROOF OF MAILING OF NOTICE
AT'rACII CERTIFIED MAIL RECEIPTS
ADDRESS
1.
A.J. Antongeorgi, Jr
Sound Ave., Mattituck, NY 11952
SCI'l-I # 1000-141-2-14.2
,~ >".,,, Fork Church of Christ, Inc. c/o Norman R. Reich 1676 Ibcky pt. Ibad, East Marion, NY
SCTM # 1000-141-2-21~49=
Byrnes
Main Rd., Laurel NY 11948
SCTM # 1000-141-2-4
. ull & Jean Czuker
700 Horton Ave., Mattituck, NY 11952
SCTH # 1000-141-2-5
;tanley and Sharon Swanson 3325 Ibute 48, Mattituck, NY 11952
scrM # 1000-141-2-15
Ibbert D. Hamilton
P.O. Box 398, Southold, NY 11971
SCTM # 1000-141-2-21.5
.;1
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
SS.:
~Xld Truglia, Esq. re.iding al CUtchogue, New York
, heing duly .worn, depo.e. and .ay. Ihal on Ihe r P4 day
of August , 19 9~ , deponenl mailed a Irue copy of Ihe NOliee .el fonh on Ihe re-
verse: side hereof. direClcd to each ot Ihe ahove-named persons al lhe addresses sel oppo~ile their respective
name.; Ih., Ihe ad<1,e>>e. .el Oppo.ile Ihe n.me. of ..id per>on> are lhe add,e>>e, of .aid per>on> a. .hown on
Ihe current a>>e>>mem roll of Ihe Town of Soulhold; lhal .aid NOliee. we,e mailed al Ihe Uniled Slale. Po.. Of.
fice a. New Suffolk, NY ; Ihac .aid NOliee. we,e mailed 10 C,leh of .aid pe'son> by
(eefljfic<1) (,eKble,e<1) mail.
Sworn to before me Ihis
d.yof_ ,19
Dunewood Truglia, Esq.
No..,y Public
(ThiS side does not have to be completed on form transmitted to adjoining
property owners.)
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QUEST2:CNNAIRE
FOR FILIHG WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attache~'dCIM # 1000-141-2-15 will purchase 8,129 sf as a
Stanley and Sharon SWanson owner~ 0 . R' R i Je9\:9t'f-l~, ,....mA'! hy Ibbert Hamilton
lDt Line Wange, an l.I.L~u1d.L L.l...l.arJ,:::!ulLu..- plecC "11: e p .
the adJo~mng owner or <>'-1'"' # 15M 141 :2 21.5 Upon purchase, tnangular piece to be merge
B. Is the subject premises listed on the real estate market for
sale or being shown to prospective buyers? { } Yes
(x } No. (.If Yes, pl"''''''e art-",.." =py of "conditions" of sale.)
C. Are there any -proposals to change -or alter l=d contours?
( } Yes {x} No
D. 1. Are there any areas which contain wetland grasses? no
2. Are the wetland areas shown on the map submitted with
this application? no
3. Is the property bulkheaded between th~ wetlands area and
the upland bUilding area? nla
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction? nla
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? nja (If not applicable , state "N. A. " )
F. Are there any patios, concrete barriers, bulkheads or fences
which exist and are not shown on the survey map that you are
Submitting? none If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? none If yes, please submit.a copy
of your bUilding permit and map as approved by the BUilding
Department. If none, please state.
H. Do you or any Co-o\~ner also
parcel? yes If yes, please
of deeds.
. lbbert Hamilton owns other
I. Please list present use or operations conducted at
parcel '. e in character or use of parcel ~
proposed use "''''''''' ,,'" present use, no change =n emplace
own other land close to this
explain where or submit copies
lots in the Ibbert D. Hamilton Subdivision
this
Filed Map #
9343.
A.~Q<~1 ~<~, ~(1-(9S
Autnor.L~ Signature and Date' ,
see survey map
attached to
peti Honers _
application.
3/87, 10/901k
.
.
~ 97-13
WETLANDS
! 97-13
TOWN - The Town of SouthaId.
TRUSTEES - The Board of Trustees of the Town of
Southold. [Added 6-5~4 by L.L. No. 6.19841
WETLA.:'IDS [Amended 8-26-,6 by LL. No. 2.1976; 3-26-
85. b:v_~ No. 6-19851: -
A. UDAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with. or which border on. tidal waters. or lands
lying beneath tidal waters. which at mean low tide
are covered by tidal waters to a maximum depth of
five (5) reet. including but not limited to banks.
bogs, salt marsh. swamps. meadows. flats or other
low lying lands subject to tidal action;
(2) All banks. bogs. meadows. flats and tidal marsh
subject to such tides and Upon which growS or may
grow Some or any of the following: salt hay. black
!rrnSs. saltworts. sea lavender. tall cord grass. high
bush. cattails. groundsel. marshnulJow and low
march cordgr.ass:~ar
(3) Altland immediatelr adjacent Ul a tidal wetland as
derined in Subsection .\(2) and lying within seven-
ty-ri"e (75) reet landward or the most landward
ed~e of such a tidal wetland.
. B. FRESHWATER WETLANDS:
(1) "Freshwater wetlands" as defined in Article 2~. Ti-
tle I, ~ 2-1-0107, Subdh'isions l(a) to lid) inclusive.
oC tI-::c Environmenul Conserv:l.tion L1W of the Sl:1te
oC :--: ew York: :lnd
(2) All bnd immediately adjacent to a "freshwater Wet.
land." as defined in Subsection 8(1) and Irin~ with-
in seVent)"-fi\"C' (75) (eet laltdward of the most land-
ward C'd~C' of a "rr('S;',,'ater wetland."
9,05
%.~5.U
1416" (2/S7}-TexI12
["OJECT 1.0 HUM"En
.
.
SEaR
617.21
^rrendlx C
SIAl. I'nvlronmen'A' QUAmy nevlew
SHORT ENVIRONMENTAL ASSESSMENT FORM
1'0' UN1I5TI'O ^ClloN5 only
r^nTl-l'nOJECT INFOnM^TION (To be comrlnled by ^rpllc.nl or t'rolecl 'ro",or)
I APPliCANT ISPONson 2. rnO.ll::r:l tl^ME
Stanley Swanson / Sharon S.....~orl_.. lot-line dlange: Hamil ton to Swanson ..___..._
3. ""OJECT LOCA nOPiatti tuck, NY Su ffolk
Municipality ______._____~_~~_~~~_____"_ ------------ -.----------~
4. PRECISE lOCA liON (Slreet ~dr:lr'!~~ ;'trod rO;'lrll"'fH~Pr:tloro~. promlnf>"t I~ndm:ulo:!'l. I!Ir,_. or l'\rovld,. IIH'ir'--
Swanson Property ScrM HOOO-14l-02-l5 Hamilton Pmperty SCrM #1000-141-02-21.5
Piece to be =nveyed is westerly irregular triangular portion of lot #3 of the lbbert D.
Hamilton Subdivision; Filed Map #9343; Swanson street address 3325 Rt. 48, M.c,ttituck, NY
5. IS rnorOSED ^C1ION'
tiD tie..... 0 EXP311slon
-------------_._-~_.._-~----------
o Modlllcallonfalhnatlon
5. DESCRIBE PROJECT BRIErlY:
N3 part of a settlement of Sup. ct. Suffolk County #94-12702, Swanson v. Hamilton, Hamilbn
will =nvey by deed and Swanson will purchase an irregular triangular piece of Hamilton's
land ( appmx. 8,J29 sf ) in order to settle a dispute between these adjoining pmperty
owners over the use of an existing dirt drive running from Swanson's land over Hamilton's land.
-------~----_....__.--------_._----.----_..
7 M..4otHH OF l^,1O ^HECT F.D:
Inlllally aCles U'!!~~:!r~._ rrct~g _~.! !.?~_~~__!!:~~1~ tF~_~g_~~_~_E!_~~-
e Will rnorOSF.D ACTlOH coMrlY WITH EXI~TlNG zotlnlG on OTw,:n EXISTlun I.MIO II!';F nF~Tnlr,TI()WP
(]y", 6CJtI" " "". d.,",,", "".f1y While there will be no change as t.o character or use of tl
Jand affected, lIamilton's parcel will be sub-standard in area and must have an area vadance
granted in order to facilitate said lot line change. ..
__~_~___._________.~_______________ ________. ____ .._______ _____ u___.____
'L W"^ T IS rnESFlll lMIO ItSE IH VlcnllTY or rno.JF.ct?
GO nfl~Irl'!nlla' Lllnrl\I~"I~1 !OJ Cotnmmr:l....' [I ^Qllr,l,lllltP. 1.1 r:lIlo:lror,.~IIOr('n ~r:u:1'l I J OllH'!r
D."';"., Residential adjoining pmperties not affected by lot line change since there wil1
be no change in the character or use of either pmpert.y.
.__._~---"-~_----~._----_u_.._--------- ----------..--~ - -.--- --" ------------------- -----------------------------------~.----
10 om:s .A.ClIOll ,.,vOl.VE A rEnMlT ArrnovM, on rWIOINO. HOW on OLlIM^'F!.Y rllnMJI,tlY Oll\l:::n (~nvJ=:mJMn"^1 M~r=NGY (rl:X'lFnM.
STATE on tOC,'l)? '''I,
l] Y"I' (Xl No " y'!~. lI,l ....Qer1~y(~) ....nri rl'!"''iIIf:'ll1l1tOVI'II~
- -~ ----- - ------ ~-- --- -
11. DOES M'Y ASrf.CT OF "IE ACllOIt JI^VE A cunm:::uTtY VALlO rEnMlT on M'rnOVAU
[J Yn, ~Io If yf'!'" l1~t ltr'!"!r1r.y MO'ift :mrt f'lp.,,...II/;'iflprov....1
12. AS ^ nESUlt or rnorOSEO ACflOU WiLl E)('Stl~IO rEnMU,^rrnOV^l tlF.OUInI=: MonlrlC^"0f17
(] y., tiU 110
-_._----~_.._---- ----~..--------_.--- -----------.- ---.--------------..
.---".---.-- ------~--
Arrll"",,.,r"",", ~'S..119~ ~l,j__$..~.fl,.x.;.,.I:L4... .n t>..hL... ;..0 I, ~..S.u......t. '-.EI.SC,() n,,", -<Jli/~S.
5'""""". .~__.__._}._..~~.r ?-,.... "\ _ .n_.d ....~ h lt lO"'/.. Oc. ~J(, \1..'<1.(1 "-.
I ctnTlry TlI^r "It: IflronMATlOU rnOVlOED AOOVf= IS fntlE TO lllf 11f=~r or My kllowltOGE
--- ------.---.-----------.--------------,--.------- -------
[If the acllol1 Is 111 the constal ^reA, nnd yol! Me a s'~le ngency, complete tho 1
Constnl ^ssessmonl 1'01111 beloro proceeding with lhls nssossmen'
--~~-~._-----~-~----.__._--~-
OVI'n
1
......
r^nT II-ENVlnONMENT^l ^SSESS ~T (To he completed hy ^gency)
A. floes ACTION EXCEED ANy lyre I ntnEsnOlO IN e Nycn", rAm 8f7.121 If y~~. ComrllfHII" ItlA tnvll'tw pro~".... And 11<1" Ih8 rUll E^-F.
DVe, DNo
R WIlLb^CTION "dECt:IVE coonDlNATED ReVIEW AS PROVIDED Fon UNllStEO-^CTIO-N-~-IN'-r,-Nycnn~^n1617Ji7---'il"~-'-;;:;'-':;"a~"v~~cl;~~."o;
may P. !wper!;f'! eel hy anolher lnvolvfld agency.
[)ye, 0 No
C COULD ACTION m:SUtT IN ANy AOVEnSE ern:CTS ASSOCIATED WITU THE rOI-_i:ow"'~ln' (-^-I~;':;-r~'l-~II-Y--"-~";-~~"dwrnln~IlI;~jlhJ;)'------~.
Ct ExIsting nit 110:tlrly, slHf~ce or gtolJlldwltter q\J~lI!y or QII:lnllly, nol!';!! 'pvel~, ""I~lI"Q lrnffle 1":llInrns, !lOlId waSIl'!' prodtlcllnn or dl!!;p(J~"I,
poten!':al for ero!!lon. dralnl'lge or floodIng prob'f!m!'l? t:xplaln hrh!fly:
C2. Af!slh!'lllc, :agrlcultor::!l. 11rr.hnp-oI"9'c::!I, hl~IOfle, Of olhP-t n::tlm,,1 or cullml'l rt"!;Omr:,.~: fH rcomfTllInlly Of nrilphhothoorl ChntAder? El(fllRln hrlf'lfly:
C:J. Vt'qetAlIon 0' hUlnR. IIsh, ~hellfl1'lh or wildlife !lpp'clt'~, ~Iqnlflc"nl hRhlt"I!;, or Ihfp"h'nr>r't or p.nrlltIlQnr('d SflP.r.If'~? EYr'I'Aln hrlelly:
.
C4 A r:omm""fty'~ "Ylslln9 fll:ms or Qo,,'!! AS o"'dltlly "rl(lr'llrod, nr" ch:mOr> In 1J!1f' or lnlf'/l~"y of us\'! or I""d Of ol"m 'llthlllll 'f'!'IOmcP,5? ElIflll'lln brlAfly
C5. Growlh, 1'IutHH!QUenl dp.vp.lopmp.nl, Of rqlAh~d l'Icllvltlf!1'I IIkp.ly 10 hft Inrlucp.d hv Ihn flrnpO":l"rl IH:ltnn? E'(nlll'n !nlnny
C6 tong lerro, shorl term, cumulative, Of olh!!r l!"eds nol td"nllllm't In C1.C5? F)"fllAln bd,.IIy.
C7, Other ImpIlclsllnclodlnQ chl'"Q"'1'I In use 01 t!llhN lluIlnllly 01 IYf'll! 01 enf"OY)? F,lIp,,,ln hTl"IIy.
^.
o IS nn::nF, on IS TIlEm:: LIKElY TO BE, CONTnOvensy nELATEO TO rOTENTIAL AovEn!;E ENVmmJMENTAL IMPACTS?
[] Yt!1'I [1 Ho II Ycs. (!l(pl"ln hrl"lIy
......
P^RT tII-DETERMIN^TION or SIGNII'IC^NCE ffo he completed hy ^gel1~Y)
INSTnUCTlONS~ ror each ~dvp.rse pHecl Idenllfled above, determine whether It Is suhsl.lI1t1al. hHop.lmporlflnl or otherwise slgnlrlc<lnt.
Erich effecl should bo ~s5essed 'n co"necllon wllh 119 (Ai) setting (I.A. lIrhAn or rural); (b) probf\blllty of occurring; (c) du,~lIon; (rJ)
Irreverslblll'y; (0) g~ographle seol1e; and ff) '""Qnltude. " necessary, add allachmP,tlt~ or t"'~'el1c" ~Ul1l1o"lng m:'llerlaI9. l:"~Ut9 thAI
explanAlIons conlaln sufflclent detail to show that all relevant "rivers!;! Imflacts tHwe hpen !denllfled and nde(1ualely fHtrJ'ess~cf.
Check Ihls hox il you have Identified one or more polenll~IIy Inrgo or signirlcant ~dverse Imp~c1s which M^~; I
occur_ Then procee<1 dlreclly to Ihe FUll E^F and/or prepare a positive declarallon.
Check Ihis hox If ,YOU have determined, bosed, on the Inlorr"allon ~nd analysis ahove ~nd ~ny surporllng
document~lIon, thai the proposed acllon WIll NOT resulf In any slgnlrlcant adverse environ menial Imracts
^ND provide on attachments as neceSSAry, 'he reasons supporllnlllhls delermlnnllon:
o
:1
---~---~._----_.._-_.__.~--_._~----~"'._-
n;;;;;;; i ;;i1 ^~rv-
- _.____.__. __.._n_._._ __..._______
----P;;r".(lf I \ po:' NoH"!" of R"lllon\~mlifN-;nTr;rl^-if;;-;rv-
_.__~__h" _0.. --'~--iiiTi=OTn;:-~~i"(;l; O'fkrr -~~-
---- ~~~;illlf! o(Rf'lpn."ihr;mfifl"f i., 1f'lId ^,,.n,y
----~~;J"lf'I.II'f"Ii7fllfff'fl'"t.r;rn;; '''''''00"111,, nflit,," -------
...
. ._---. -- n,li;;---~ ---
2
....-. -"--"'--- - --_._-_.~---~_._-_.-
1.._'''''''''''''''__''
.
.
DUNEWOOD TRUGLlA
ATIORNEY AT LAW
First Street P.O. Box 222
New Suffolk. NY 11956
S 16 - 734 - 6450
Fax 516 -734 - 5152
August 8,1995
Rudolph H. Bruer, Esq.
Edson & Bruer
P.O. Box 1466
Southold, NY 11971
Re: Swanson v. Hall/ilton, et al; Supreme Court, Suffolk County, Index No. 94 - 12702
Dear Rudy:
In view of the proposed settlement between our clients in the abovereferenced matter
we have initiated a lot line change application. The Zoning Board informs me that Mr.
Hamilton's lot (SCTM # 1000-141-2-21.5) will need an area variance prior to the
conveyance of the triangular piece to Swanson. We have already filled out the
necessary forms and our clients will split the costs involved as previously agreed.
Kindly indicate your consent to proceed in this fashion by returning a copy of this letter
together with copies of deeds to the subject parcel (back to 1970), along with a signed
consent to the transfer which we'll need for both the lot line change and ZBA variance
applications.
The fees to date are estimated at:
$800 - Peconic Surveyors
25 - Building Department
150 - Zoning Board Variance Application
150 - Planning Board Lot Line Change Application
15 - Certified mailing to adjoining property owners for variance application.
crUlYY:~S'/7 ~~;?
'."---L~~~_ ( 2-LL~ ~
Dunewood Truglia
Attorney for Swanson
T
.
DUNEWOOD TRUGLlA
ATTORNEY AT LAW
Letter to Rudolph H. Bruer, Esq.
re: Swanson v. Hamilton
/~/~~
Accepted and agreed to by: M' .
""OIPh H Bruer, Esq. for Robert D. Hamilton
enclosures
cc: Stanley and Sharon Swanson
by facsimile
Michael Spithogiannis, Esq.
Vincent K. Loughlin, Esq.
Alan M. Rubin, Esq.
DT/NS/tim
2
.
August 8,1995
.
.
The undersigned owner of property located on Horton Avenue,
Mattituck, New York, known as SCTM #1000-141.00-02.00-021.005 does
hereby consent and approve of the lot line change being requested by
Dunewood Truglia, Esq., on behalf of Stanley C. Swanson and Sharon M.
Swanson. The lot line change is to be as shown on the attached survey of
Peconic Surveyors, P.C. dated June 27, 1995. The property being set off
is to be attached to, merged into and made a part of other property of
Stanley C. Swanson and Sharon M. Swanson, known as SCTM #1000-
141.00-02.00-015.000, said set off property is bounded and described as
follows:
BEGINNING at a point on the southerly side of Horton Avenue, which
point is the following two (2) courses and distances from where the south
easterly side of Oak Street meets the northerly side of other lands of
Hamilton and the westerly side of a certain right of way:
I. South 35 degrees 25 minutes 40 seconds West, 49.50 feet;
2. South 57 degrees 21 minutes 00 seconds West, 49.64 feet to the
point or place of beginning;
RUNNING THENCE through land of Hamilton, South 67 degrees 36
minutes 00 seconds East, 39.41 feet to land now or formerly of Swanson;
THENCE along land of Swanson, South 34 degrees 56 minutes 10
seconds, West 150.59 feet to land now or formerly ofCzukor;
THENCE along last mentioned land, North 32 degrees 39 minutes 00
seconds West, 89.72 feet to the southerly side of Horton Avenue;
THENCE along the southerly side of Horton Avenue, North 57 degrees 21
minutes 00 seconds East, 116.64 feet to the point or place of
BEGINNING.
L~{);J~~~
Robert D. Hamilton, Sf.
STATE OF NEW YORK, COUNTY OF SUFFOLK: ss.
On the __9'11 day of August, 1995, before me personally came
ROBERT D. HAMILTON, SR. to me personally known and known to me
to be the individual described in and who executed the foregoing
instrument and duly acknowledged that he executed the same.
:/ //)
\d~~AI~
RUDOLPH H. BRUER
Notary Public. State of New York
No. 52-0465530. Suffolk county"
Commission Expires March 30. 19 1 7
.
LEFFERTS P. EDSON
(1911-1989)
RUDOI.PfI R. BRUF.R
August 11, 1995
Mr. Dunewood Truglia
Attorney At Law
First Street, P.O. Box 222
New Suffolk, New York 11956
Re: Lot Line Change
Dear Mr. Truglia:
Edson and Bruer
ATfORNEYS AT LAW
MAIN ROAJ)..P.O. BOX 1466
sounIOl..D, NEW YORK t .971
.
(516) 76!~1221
(516) 76S 2.500
FAX: (516) 76S.2752
In connection with the above referenced matter, enclosed please find executed consent
of Robert D. Hamiltons, Sr. for the lot line change.
{f~~
Rudolph H. Bruer
RHB/me
Ene.