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RECEIVED BY
SOUlHOlD lOWN PlANNING BOARD
'1)) 'f-h iJ
DATE
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Sonthold, N.Y. 11971
HENRY E. RAYNOR. Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM. Jr.
TELEPHONE
765 - 1938
October 2, 1980
Mr. Bernard Kaplan
14 Dawn Drive
Centereach, New York 11720
Dear Mr. Kaplan:
The following action was taken by the Southold Town Planning
Board at a regular meeting held September 22, 1980.
RESOLVED that whereas a formal application for the approval
of a subdivision plat, entitled Minor Subdivision of Dawn Estates
Shopping Center, Inc. located at East Marion was submitted to the
Planning Board on August 3, 1979, and
WHEREAS a public hearing was held on the said subdivision
application and plat at the Town Hall, Southold, New York, on
September 22, 1980 at 8:45 p.m., and
WHEREAS the requirements of the Subdivision Regulations of
the Town of Southold have been met by said subdivision plat and
application,
'to, ~
Now, therefore, be it RESOLVED that the application of
Dawn Estates Shopping Center, Inc. for approval of said subdivision
plat prepared by Roderick Van Tuyl, P. C., be approved and the
chairman be authorized to endorse his approval on the map.
Upon inspection of the file I find that I have not received
the $100 application fee ($25 per lot). As soon as I Teceive same
I will forward the maps to you.
Yours truly,
Muriel Tolman, Secretary
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Southold, N,Y. 11971
HENRY E. RAYNOR, Jr.. Chairman
FREDERICK E, GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr,
GEORGE RITCHIE LATHAM, Jr,
TELE?
765-1
March 31, 1980
Mr. Theodore Kaplan
Dawn Estates
14 Dawn Drive
Centereach, New York 11720
Dear lJr.r. Kaplan:
The following action was taken by the Southold To\VY1 Planning
Board at a regular meeting held March 24, 1980.
RESOLVED to approve the sketch map of the minor subdivision of
Cleaves Point, Section IV subject to the removal of all non-habi'tabl
buildings on lots 1, 2 and 3 as designated by the building inspector
in letter of October 12, 1979 as follows:
Lot #l.
Lot 112.
Lot 113.
Existing non-habitable building
Three existing non-habitable buildings
Four existing non-habitable buildings
RESOLVED to approve the release of Lot #4 on j'lap of "Da\VY1
Estates Shopping Center, Inc. II also knO\'ffi as Cleaves Point, Secti on
IV subject to the following restriction of the Southold Town Board
Of 'Appeals:
That the existing bUildings,' and any future proposed
structures, on the subject parcel (lwO\VY1 as Lot No.4) be
used only for storage or for conl'erences by the proposed
purchaser, Crescent Beach CondominiLUns, and shull never
be used as living quarters or multiple-family, or single
family residence(s).
Yours truly,
f-:!~!~~;\lE;) BY
SGUiEClD IUi,il fuiNNiilG CC:.
SFP g IS8L
. DATE,
Nuriel TOlman, Secretary
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Southold. N.Y. 11971
HENRY E. RAYNOR, Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM. Jr.
TELEPHO~
765 - 1938
March 14, 1980
Mr. Ted Kaplan
14 Dawn Drive
Centereach, New York 11720
Dear Mr. Kaplan:
The ~ollowing action was taken by the Southold TOvm Planning
Board at a regular meeting held March 10, 1980.
RESOLVED to rescind the resolution o~ the Planning Board dated
December 17, 1979, which reads as ~ollows:
"RESOLVED to disapprove the sketch map o~ the minor subdivision
o~ property to be known as Cleaves Point, Section IV, ~or the
~ollowing reasons:
1. Lot 1 has an existing non-habitable building with
insufficient side and front yards.
2. Lot 2 has three existing non-habitable buildings one
of which has an insufficient front yard and two of which
have insuf~icient side yards.
3. Lot 3 has ~our existing non-hubitable buildings, one 0:["
which has insufficient front yard3 and two of which have
insufficient side yards.
4. Lot 4 has insufficient area and an existing non-habitable
building with insufficient front, rear and side yards.
An inspection will be made of the property by }~. Gordon and
Mr. Latham to determine which buildings should be removed before
any further action is taken by the Board.
Yours truly,
Muriel Tol,nan. Se"r"T~T'''
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Southold. N. Y. 11971
(516) 765-1938
April 8, 1988
J. Kevin McLaughlin
828 Front Street
P.O. Box 803
Greenport, NY 11944
RE: Minor Subdivision of
Dawn Estates Shopping Center
Maple Lane, Southo1d
SCTM i 1000-35-8-3
Dear Mr. McLaughlin:
The questions on procedure that you put to the Planning
Board at the March 7, 1988 meeting were referred to the Town
Attorney's office.
Since the Zoning Board placed the condition at issue on the
variance that it granted, your client must apply to that Board
for relief. The Planning Board cannot override or change a Zoning
Board decision.
Your client also must apply to the Planning Board for an
amendment to the subdivision map.
I trust this answers your questions.
Very truly yours,
~~~
BENNETT ORLOWSKI, JR. ~
CHAIRMAN
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ROBERT H. BERNTSSON
ASSISTANT TOWN A ITORNEY
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JAMES A. SCHONDEBARE
TOWN A TIORNEY
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1939
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
TO:
FROM:
DATE:
SUBJECT:
Valerie Scopaz, Planning Board
Robert H. Berntsson, Assistant Town Attorney
March 21, 1988
MINOR SUBDIVISION OF CLEVES POINT, SECTION IV
I have read your memo in reference to the above matter and
reviewed the documentation which you provided. It appears the
ZBA placed a condition on lot #4 when it granted approval of the
subdivision with insufficient area and width of parcels. That
condition was that lot #4 never be used as living quarters or
for residences. That condition was adopted by the Planning Board
in approving the subdivision.
At this point the applicant would have
Planning Board for an amendment to the
Additionally, the applicant would have to apply
amendment to it's decision. The Planning
override the ZBA decision. Of course, neither
compelled to lift the restriction.
to apply to the
subdivision map.
to the ZBA for an
Board could not
Board would be
Please feel free to discuss the above with me.
cc: Zoning Board of Appeals
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MEMORANDUM
To: James A. Schondebare, Town Attorney
Robert H. Berntsson, Assistant Town Attorney
From: Valerie Scopaz, Town Planner
RE: Minor Subdivision of Cleaves Point, Section IV also known
as Dawn Estates Shopping Center, Inc.
SCTM #1000-35-8-3
Date: March 11, 1988
At the March 7, 1988, Planning Board meeting, the fallowing.
question was put to the Board by J. Kevin McLaughlin:
1. His client wishes to reverse a decision that was made
in 1980 by the Zoning Board of Appeals and which was
subsequently reaffirmed by the Planning Board.
2. That decision pertains to Lot#4 in a minor subdivision.
Specifically, his client wishes to develop this lot which
is an undersized parcel with a single family residence.
3. The ZBA and the PB specified that that lot could never be
used for a dwelling unit. See attached correspondence.
I advised the Planning Board and Mr. McLaughlin that since
the ZBA , set the condition, he should reapply to that
Board. McLaughlin countered that the ZBA was approached and that
it was recommended that the Planning Board be consulted with.
The Planning Board in September of 1987 stated that it was
not in favor of removing the restriction. MCLaughlin's client
wishes to pursue the matter formally.
The Planning Board wants to know what procedure McLaughlin
should be advised to follow in presenting an application to the
Planning Board.
.
lJh~ S;~'1f
Enc:
cc: Planning Board
Zoning Board
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MEMORANDUM
To: James A. SChondebare, Town Attorney
Robert H. Berntsson, Assistant Town Attorney
From: Valerie Scopaz, Town Planner
RE: Minor Subdivision of Cleaves Point, Section IV also known
as Dawn Estates Shopping Center, Inc.
SCTM 11000-35-8-3
Date: March II, 1988
At the March 7, 1988, Planning Board meeting, the following
question was put to the Board by J. Kevin McLaughlin:
1. His client wishes to reverse a decision that was made
in 1980 by the Zoning Board of Appeals and which was
subsequently reaffirmed by the Planning Board.
2. That decision pertains to Lotl4 in a minor subdivision.
Specifically, his client wishes to develop this lot which
is an undersized parcel with a single family residence.
3. The ZBA and the PB specified that that lot could never be
used for a dwelling unit. See attached correspondence.
I advised the Planning Board and Mr. McLaughlin that since
the ZBA and the PB set the condition, he should reapply to that
Board. McLaughlin countered that the ZBA was approached and that
it was recommended that the Planning Board be consulted with.
The Planning Board in September of 1987 stated that it was
not in favor of removing the restriction. McLaughlin's client
wishes to pursue the matter formally.
The Planning Board wants to know what procedure McLaughlin
. should be advised to follow in presenting an application to the
Planning Board.
j~~~~
Enc:
cc: Planning Board
Zoning Board
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,/ ~ L.~Uh.(l--1'h..
AT1'ORNi~~-'-
828 FRONT STREET. P. O. BOX B03
GREENPORT, NY 11944
(516) 477-1016
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September 11, 1987
Southold Town Planning Board
Town Hall
Main Road
Southold, New York 11971
Re: Dawn Estates Shopping Center Inc.
Dear Mr. Orlowski:
I am in receipt of your letter to me dated September 9,
1987.
My letter to the Planning Board dated September 8, 1987,
was intended to solicit advice regarding the procedure for
placing this matter before the Planning Board for consideration.
Frankly, I did not expect a unilateral decision by the Board
refusing to give my client the opportunity to make a presentation
to the Board.
Please accept this letter as my formal request on behalf
of my client, Crescent Beach Condominium, to be heard on this
matter by the entire Board.
JKM/lg
/
cc: Thomas Kraus
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Southold. N.Y. 11971
(516) 765-1938
September 9, 1987
Mr. J. Kevin McLaughlin
Attorney at Law
828 Front Street
Greenport, NY 11944
Re: Dawn Estates Shopping Center, Inc.
Dear Mr. McLaughlin:
We acknowledge receipt of your correspondence of September
8, with regard to Lot No. 4 of the above mentioned map.
The matter has been reviewed by the Town Attorney and
the Planning Board has also reviewed the file.
The Planning Board does not wish to consider an application
for removing the restriction which states: That the existing
buildings and future proposed structures, on the subject parcel
(known as Lot No.4) ".. shall never be used as living quarters
or multiple-family or single-family residence(s).
We trust this will answer your inquiry.
Very truly yours,
~fUV~-tl OLuU) ~ fLeo \)"ct,~J-
BENNETT ORLOI'iSKI, JR., CH.:URNAN
SOUTHOLD TOWN PLANNING BO;\RD
By Diane N. Schultze, Secretary
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ATTORN;~ ;;;:;:wr---
828 FRONT STREET. P. O. BOX 803
GREENPORT, NY 11944
(516) 477-1016
September 8, 1987
Southo1d Town Planning Board
Main Road
Southo1d, New York 11971
Attention: Diane Schultz, Secretary
Re: Map of Dawn Estates Shopping Center, Inc.
Lot #4
Dear Diane:
Pursuant to our recent conversation, I have enclosed a
copy of the Planning Board's resolution dated March 31, 1980.
The resolution contains a restriction prohibiting any
structures on Lot #4 from being used as living quarters or
mUltiple-family or single-family residence. The owners, Crescent
Beach Condominiums, desire to remove so much of the restriction
as prohibits the use as a single-family residence.
Please advise me of the procedure to bring this matter
before the Planning Board for consideration.
JKM/lg
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Very trulYyYOUP3, ;' '(.
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( Jj fevin McLo"gh\ni
Enclosure
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. . ....:l....:! l:~D BY
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-Lv/"ttD Iv:;;'1 fJ q'.'li/r En.IRD
S E P uu,,,,, u 10
9 l.QR7
DATE
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, Southold Town Board of Appeals
.( .
-6-
February 28, 1980
RESOLVED, that CHARLES R. AND ROSE VAN DUZER, in Appeal No.
2662, BE GRANTED a Variance to the Zoning Ordinance for permission
to construct antenna tower 50-foot high, provided that said struc-
ture be constructed as applied for and not closer than 15 feet to
any side yard line.
Location of property: 1200 Parkway, Southold; Southwood Sub-
division Lot No.7, Map No. 2141. County Tax Map Item No. 1000-
70-10-44.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Tuthill
and Doyen. Messr. Goehringer abstained.
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~ RESERVED DECISION: Appeal No. 2661. Application of DAWN
ESTATES SHOPPING CENTER, 14 Dawn Drive, Centereach, New York for
a Variance to the Zoning Ordinance, Article III, Section 100-31
(for approval of insufficient area and width of parcel to be estab-
. Ii shed within a proposed subdivision. Location of property:
\ Southeasterly side of Maple Lane, East Marion; bounded northeast
\ by Kaplan and Kavanagh; southeast by Crescent Beach Condominiums,
\ Gucer and paulison; southwest by Maple Lane; northwest by Kavanagh;
County Tax Map Item No. 1000-35-008-003.
After investigation and inspection, the Board finds that the
applicant is requesting approval of insufficient width of 121.69
feet and insufficient area of 18,573 square feet of a parcel to
be established in a proposed subdivision. The lots in the immedi-
ate vicinity of the subject property have much less width, and
also are smaller in area than the subject subject parcel, and the
Board feels by the granting of this application, no change would
be made in the character of the neighborhood. lloHever, the subject
parcel is in an M-l Zone, and to permit multiple residences on
this small area of land would be inappropriate and unwarranted.
The Board finds that strict application of the ordinance would
produce practical difficulties or unnecessary hardship; the hard-
ship created is unique and would not be shared by all properties
alike in the immediate vicinity of the property and in the same
Use district; and the variance will not change the character of
the neighborhood and will observe the spirit of the'ordinance.
was-
On motion made by Mr. Douglass, seconded by Nr. Grigonis, i't
RESOLVED, that DAl'iN ESTATES SHOPPING CENTER, in Appeal No.
2661, BE GRAN~ED a Variance to the Zoning Ordinance approving
the insufficient width and area as applied for, of a parcel to
be established in a proposed subdivision, SUBJECT TO TIlE FOLLOW-
ING CONDITIONS:
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Southold Town Board of Appeals
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February 28, 1980
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(1) Approval of the Subdivision by the Southold Town Planning
Board;
(2) That the existing bUildings, and any futu~e proposed
structures, on the subject parcel, (known as Lot No.4)
be used only for storage or for conferences by the pro-
posed purchaser, Crescent Beach Condominiums, and shall
never be used as living quarters or mUltiple-family,
or single-family residence(s).
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Location of property: Southeasterly side of Maple Lane, East
Marion; bounded northeast by Kaplan and Kavanagh; southeast by
Crescent Beach Condominiums, Gucer and paulison; southwest by
Maple Lane; northwest by Kavanagh. County Tax Map Item No.
1000-35-008-003.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Tuthill
and Doyen. Messr. Goehringer abstained.
~
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On motion by Mr. Doyen, seconded by Mr. Tuthill, it was
RESOLVED, to approve twenty (20) Special Exception-Sign Renewals
for an additional period of one year, SUBJECT TO the Federal Highway
Beautification Act and Funding Laws for Highways if applicable.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Tuthill
and Doyen. Messr. Goehringer abstained.
*
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On motion by Mr. Douglass, seconded by Mr. Tuthill, it was
RESOLVED, to approve the minutes of the February 7, 1980
meeting of this Board.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Tuthill
and" Doyen. Messr. Goehringer abstained.
*
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On motion by Mr. Douglass, seconded by Mr. Grigonis, it was
RESOLVED, to approve the minutes of the February 25, 1980
Special Meeting of this Board.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Tuthill
and Doyen. Messr. Goehringer abstained.
*
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A'ITORNii:;:T~-'"
828 FRONT STREET, P. O. BOX 803
GREENPORT, NY 11944
(516) 477-1016
February 18, 1988
Southold Town Planning Board
Town Hall
Main Road
Southold, NY 11971
Re: Dawn Estates Shoppinq Center, Inc.
Dear Mr. Orlowski:
I have enclosed a copy of my letter to you dated September
11, 1987. Shortly after sending this letter, I spoke with Diane
Schultze, who advised me that this matter would be placed on the
Planning Board's agenda.
To date, I have not been notified of a date to discuss this
situation with the Planning Board. In order to avoid unnecessary
complications, I would appreciate having this matter placed on the
agenda for your next meeting so that I can have an opportunity
to address the full Board on behalf of my client, Crescent Beach
Condominium.
'\
JKM/lmt
Enclosure
cc: Thomas Kraus
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A1'TORN~;~-'-
828 FRONT STREET, P. O. BOX 803
GREENPORT, NY 11944
(516) 477-1016
.
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September 11, 1987
Southold Town Planning Board
Town Hall
Main Road
Southold, New York 11971
Re: Dawn Estates Shopping Center Inc.
Dear Mr. Orlowski:
1987.
I am in receipt of your letter to me dated September 9,
My letter to the Planning Board dated September 8, 1987,
was intended to solicit advice regarding the procedure for
placing this matter before the Planning Board for consideration.
Frankly, I did not expect a unilateral decision by the Board
refusing to give my client the opportunity to make a presentation
to the Board.
Please accept this letter as my formal request on behalf
of my client, Crescent Beach Condominium, to be heard on this
matter by the entire Board.
very truly yours,
,
J. Kevin McLaughlin
JKM/lg
cc: Thomas Kraus
.
.
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ATl'ORNiy -;:T-;;;:;T-'-
828 FRONT STREET, P. O. BOX 803
GREENPORT, NY 1194..
(516) 477.1016
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September 11, 1987
Southold Town Planning Board
Town Hall
Main Road
Southold, New York 11971
Re: Dawn Estates Shopping Center Inc.
Dear Mr. Orlowski:
1987.
I am in receipt of your letter to me dated September 9,
My letter to the Planning Board dated September 8, 1987,
was intended to solicit advice regarding the procedure for
placing this matter before the Planning Board for consideration.
Frankly, I did not expect a unilateral decision by the Board
refusing to give my client the opportunity to make a presentation
to the Board.
Please accept this letter as my formal request on behalf
of my client, Crescent Beach Condominium, to be heard on this
matter by the entire Board.
JKM/lg
cc: Thomas Kraus
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A'ITOR~;~-'-
828 FRONT STREET. P. O. BOX 803
GREENPORT. NY 11944
(616) 477.1016
September 8, 1987
Southold Town Planning Board
Main Road
Southold, New York 11971
Attention: Diane Schultz, Secretary
Re: Map of Dawn Estates Shopping Center, Inc.
Lot #4
Dear Diane:
Pursuant to our recent conversation, I have enclosed a
copy of the Planning Board's resolution dated March 31, 1980.
The resolution contains a restriction prohibiting any
structures on Lot #4 from being used as living quarters or
mUltiple-family or single-family residence. The owners, Crescent
Beach Condominiums, desire to remove so much of the restriction
as prohibits the use as a single-family residence.
Please advise me of the procedure to bring this matter
before the Planning Board for consideration.
JKM/lg
f'-...-.,
Enclosure
RECEIVED By
SGUTHGLD fUW11 PlANNINGBUAR/l
SEP 9 19R7I'"
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Southold. N.Y. 11971
(516) 765-1938
September 9, 1987
Mr. J. Kevin McLaughlin
Attorney at Law
828 Front Street
Greenport, NY 11944
Re: Dawn Estates Shopping Center, Inc.
Dear Mr. McLaughlin:
We acknowledge receipt of your correspondence of September
8, with regard to Lot No. 4 of the above mentioned map.
The matter has been reviewed by the Town Attorney and
the Planning Board has also reviewed ,the file.
The Planning Board does not wish to consider an application
for removing the restriction which states: That the existing
buildings and future proposed structures, on.the subject parcel
(known as Lot No.4) .... shall never be used as living quarters
or multiple-family or single~family residence(S).
We trust this will answer your inquiry.
very truly yours,
~ OvIJ5vJ~U;) (L~
BENNETT ORLOWSKI, JR., CHA~N
SOUTH OLD TOWN PLANNING BOARD
By Diane M. Schultze, Secretary
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Southold, N.Y. 11971
HENRY E, RAYNOR, Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM. Jr.
TELEPHONE
765.1938
March 31, 1980
Mr. Theodore Kaplan
Dawn Estates
14 Dawn Drive
Centereach, New York 11720
Dear Mr. Kaplan:
The following action was taken by the Southold Town Planning
Board at a regular meeting held March 24, 1980.
RESOLVED to approve the sketch map of the minor subdivision of
Cleaves Point, Section IV subject to the removal of all non-habitable
buildings on lots 1, 2 and 3 as designated by the building inspector
in letter of October 12, 1979 as follows:
Lot #l.
Lot #2.
Lot #3.
Existing non-habitable building
Three existing non-habitable buildings
Four existing non-habitable buildings
RESOLVED to approve the release of Lot #4 on Map of "Dawn
Estates Shopping Center, Inc." also known as Cleaves Point, Section
IV .~ubject to the following restriction of the Southold Town Board
of Appeals:
That the existing buildings, and any future proposed
structures, on the subject parcel (known as Lot No.4) be
used only for storage or for conferences by the proposed
purchaser, Crescent Beach Condominiums, and shall never
be used. as livin~ ~uarters or multiple-family, or single
family residencels). .
Yours truly,
RECEIVED BY
SOU1"OLD 10WN Pl/INNIJi& 801,.
~..,.,
Secretary
Muriel Tolman,
P
TO,
~
.
Southold, N.Y. 11971
HENRY E. RAYNOR, Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM, Jr.
TELEI
765.
November 13, 1980
Mr. Bernard Kaplan
Dawn Estates
14 Dawn Drive
Centereach, New York 11720
Dear Mr. Kaplan:
I am enclosing the signed map of your minor subdivision
"Dawn Estates Shopping Center, Inc" - No. 206.
I apologize for the delay in getting this to you.
Yours truly,
Muriel Tolman, Secretary
Southold Town Planning Board
Enclosure
r' -~
LEGAL NOTICE
Notice of Hearing
NOTICE IS HEREBY
GIVEN that pursuant to Sec.
tion 276 of the Town Law,
public hearings will be held by
the Southold Town Planning
Board at the Town Hall, Main
Road, Southold, New York, in
said town on the 22nd day of
September, 1980, on .the ques-
tion of the following:
7:30 p.m. Approval of the
minor subdivision of Thomas
V. Perillo and Edith M. Perillo
situate at Laurel in the Town of
Southold, County of Suffolk
and State of New York and
bounded and described as
follows:
BEGINNING at a point on
the southeasterly side of Pe-
conic Bay Boulevard and run-
ning thence S. 24' 22' 00" E.
547.31 feet to land now or
formerly of Laurelwood Es-
tates No. 5595; running thence
S. 65' 57' 10" W. along said
land 99.98 feet to land now or
formerly of Emily Sidor; run.
ningthence N. 24' 02' SC" W.
along last mentioned lands
522.71 feet to the south.
easterly side, of Peconic Bay
Boulevard; running thence N.
51' 42' SO" E. along the
southeasterly side of Peconic
Bay Boulevard 100 feet to the
point or place of BEGIN.
NING. Containing 52,692
square feet.
8:00 p.m. Approval of the
minor subdivision of Herbert
E. and Kathleen R. Muncy
situate at East Marion in the
Town of Southold, County of
Suffolk and State of New York,
which plot is known as and by
the lot numbers 64. 65, 66 as
shown on a map entitled "Map
of Section Two Gardiner's Bay
Estates, situate at East Marion
wng Island" which map was
filed in Suffolk County Clerk's
Office on September 23, 1927
under the number 275.
8: 15 p.m. Approval of the
preliminary map of the sub-
division of Clement W. Booth
situate at Southold in the Town
of Southold, County of Suffolk
and State of New York and
bounded and described as
follows:
BEGINNING at a point on
the ri6rfnerly side of Old North
Road wh ich point marks the
intersection of the easterly
side of Mount Beulah Avenue
with the northerly .side of Old
North Road; running thence
from said point of beginning
along Mount Beulah Avenue
N. 01' 55' 10" W. 1119.43 feet
to lands now of or about to be
conveyed to Koch; running
thence along lands now of or
about to be conveyed to Koch
N. 88' 04' 50" E. 210.50 feet
to lands now or formerly of
Robohm; running thence along
lands now or formerly of
Robohm S. 0' 48' SO" E.
1192.85 feet to the northerly
side of Old North Road:
running thence along the
northerly side ~f Old North
Road N. 70' 35' 10" W. 201.25
feet to the point or place of
BEGINNING. And BEGlNN.
ING at a point on the southerly
side of Sound View Avenue
which point marks the inter-
section of the southerly side of
Sound View Avenue with the
easterly side of Mount Beulah
Avenue; running thence from
said point of beginning along
Sound View Avenue N. 630 09'
00" E. 247.67 feet to lands
now or formerly of Robhom;
running thence along lands
now or formerly of Robohm S.
0' 48' SO" E. 362.51 feet to
other lands of Koch; running
thence along other lands of
Koch S. 880 04' SO" W. 219.22
feet to the easterly side of
Mount Beulah Avenue; run-
ning thence along the .~asterlY
side of Mount Br:ulah Avenue
N.l' 55' 10" W. 258. 17feet to
the point or place of BE-
GINNING. Conraining 6.876
acres.
COUNTY OF SUFFOLK
STATE OF NEW YORK
55:
Patricia Woad, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspoper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
::n b::~e Pe::I~S~:e~nfO~i.d...L~~~..t.I.a~~..~.~~~:~~~~:;:~
,ucceSSrl~'y~~.~\nCing on the ....\I.~.............................
do' of .:~..~\..uvn!,;~'l~..........._.., 19.t::~....
......................................W.~~..........
Sworn to before me this ...l~........... ...
..k,~~J,.v:..... 19.'~~...
dav or
......~~~........,.....
CLEMF.NT J. iHGill'l!;>:","'"
~J)TAR'f ?l'Sl!C, State '~:i ~~;;:".
;,',: 52-;";3:'1;:;';
.. :;;~i!1i::g If' ::;UI;0!~'-
("~1n;:;~:>~,1 '.,1" ~.; 1-2
^ .)ufroUr and State Dr """,11,' Yorl-
and bounded and described
as follows:
BEGINNING at a point on
the easterly line of a private
road known as Maple lane
1321.66 feet southerly al<_mg
said line from the ~;()utht'r:.'-
line of Main Road, said puirH
being the ;,puthwesterly corner
of land of Kavanagh; running
thence along said land of
Kavanagh N. 560 37' to" E.
195 feet to land of Kaplan;
thence along said land of
Kaplan S. 33" 22' SO" E. 607
feet to other land of Kava-
nagh; thence along said land
of Kavanagh, three courses (l)
S, 43" 35' 40" W, 36. I 1 feet;
thence (2) S. 33" 30' SO" E.
135.52 feet; thence (3) S. 56"
29' 10" W. 147.08 feet ro land
now or formerly of uawn
Estates Shopping Center;
thence along said land N. 390
32' 40" W, 121.69 feet; thence
along said easterly line of
Maple Lane N. 33" 22' SO" W.
630 feet to the point of
beginning. Containing 3.232
acres.
Any person desiring to be
heard on the above matters
should appear at the time and
place above specified.
Dated: August 27, 1980
BY ORDER OF
THE SOUTHOLD TOWN
PLANNING HOARD
HENRY E. RAYNOR, JR..
Chairman
IT,9!l1/80!34)
I For
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1~...:.GJ._,~.':..~.~j.L:21t__ By,
........-........__ _ _ """-fI .__-..~.____._._._._...._.
i TOWN CLERK
i TOWN OF SOUTHOLD
i Suffolk County. New York 516 . 765-1801
N~
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SHOPPING CENTERS
INDUSTRIALS
WATERFRONT
.
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14 DAWN DRIVE
CENTER EACH. L. I., N. Y. 11720
Ms. Muriel Tolman, Secretary
Planning Board
Town of Southold
Southold, New York 11971
Dear Ms. Muriel Tolman:
October 3, 1980
In accordance with your letter of
herewith our $100.00
October 2nd, 1980,
application fee.
BK:rk
enc.
Very truly yours,
DAVIN ESTATES
~~
(SI6) JU 8-9250
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Cl,airmrn "
Lee E. KOPI~lnun
Dir~ctor of PJdlJIling
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Suffolk County Department of Planning
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Velerans Memarial Highway Hallppallge. L. I., N. Y.
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360-5207
IDe
Mr. Henry E. Raynor, Jr., Chairman
Town of Southold Planning Board
Main. Road
Southold, N.Y. 11971
August' 22, 1980
Plat Name Minor Subdivision - Dawn Estates Shopping
Center, Inc.
Location Els Maple Lane 1,321.66' slof Main Road,
Greenport, N.Y.
Dear Mr. Raynor:
Pursuant to the requirements of Section 1333, Article XIII of the Suffolk County
Charter, the above captioned proposed final plat which has been referred to the
Suffolk County Planning Commission is considered to be a matter for local deter-
mination; however, this shall not be construed that the Commission has either
approved or disapproved this particular plat. .
~
Cornmen ts None
Very truly yours,
Lee E. Koppelman
Director of Planning
CGL:jk
File: S-SD-80-l6
Encl.: Map
SRS-74-0l
by Char!~ fro [,in"
Charles G. L nd,
Chief Planner
Subdivision Review Section
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Southold. N.Y. 11971
HENRY E. RAYNOR. Jr" Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM. Jr.
TELEPHONE
765- 1938
August 29, 1980
Mr. Theodore Kaplan
Dawn Estates
14 Dawn Drive
Centereach, New York 11720
Dear Mr. Kaplan:
The following action was taken by the Southold Town Planning
Board at a regular meeting held August 25, 1980.
RESOLVED to set 8:45 p.m., September 22, 1980, at the Town
Hall, Main Road, Southold, New York, as the time and place for a
public hearing on the question of the approval of the minor
subdivision of Dawn Estates ~hopping Center, Inc.
I enclose copy of legal notice.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
Enclosure
. ~
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.
'.
LEGAL NOTICE
Notice of Hearing
NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the
Town Law, public hearings will be held by the Southold Town Planning
Board at the Town Hall, Main Road, Southold, New York, in said town
on the 22nd day of September, 1980, on the question of the following:
7:30 p.m. Approval of the minor subdivision of Thomas V.
Perillo and Edith M. Perillo situate at Laurel in the Town of
Southold, County of Suffolk and State of New York and bounded and
described as follows:
BEGINNING at a point on the southeasterly side of Peconic Bay
Boulevard and running thence S. 240 22' 00" E. 547.31 feet to land
now or formerly of Laurelwood Estates. No. 5595; running thence
S. 650 57' 10" W. along said land 99.98 feet to land now or formerly
of Emily Sidor; running thence N. 240 02' 50" W. along last mentioned
lands 522.71 feet to the southeasterly side of Peconic Bay Boulevard;
running thence N. 510 42' 50" E. along the southeasterly side of
Peconic Bay Boulevard 100 feet to the point or place of BEGINNING.
Containing 52,692 square feet.
8:00 p.m. Approval of the minor subdivision of Herbert E.
and Kathleeu R. Muncy situate at East Marion in the Town of Southold,
County of Suffolk and State of New York, which plot is known as and
by the lot numbers 64, 56, 66 and 67 as shown on a map entitled
"Map of Section Two Gardiner's Bay Estates, situate at East Marion
Long Island" which map was filed in Suffolk County Clerk's Office
on September 23, 1927 under the number 275.
8:15 p.m. Approval of the preliminary map of the subdivision
of Clement W. Booth situate at Southold in the Town of Southold,
County of Suffolk and State of New York and bounded and described
as follows:
BEGINNING at a point on the northerly side of Old North Road
Which point marks the intersection of the easterly side of Mount
Beulah Avenue with the northerly side of Old North Road; running
thence from said point of beginning along Mount Beulah Avenue N.
010 55' 10" W. 1119.43 feet to lands now of or about to be conveyed
to Koch; running thence along lands now of or about to be conveyed
to Koch N. 880 04' 50" E. 210.50 feet to lands now or formerly of
.
.
., ..
Notice of Hearing
-2-
August 27, 1980
0'
Robohm; running thence along lands now or formerly of Robohm S. 00
48' 50" E. 1192.85 feet to the northerly side of Old North Road;
running thence along the northerly side of Old North Road N. 700
35' 10" W. 201.25 feet to the point or place of BEGINNING. And
BEGINNING at a point on the southerly side of Sound View Avenue
which point marks the intersection of the southerly side of Sound
View Avenue with the easterly side of Mount Beulah Avenue; running
thence from said point of beginning along Sound View Avenue N. 630
09' 00" E. 247.67 feet to lands now or formerly of Robohm; running
thence along lands now or formerly of Robohm S. 00 48' 50" E. 362.51
feet to other lands of Koch; running thence along other lands of
Koch S. 880 04' 50" W. 219.22 feet to the easterly side of Mount
Beulah Avenue; running thence along the easterly side of Mount
Beulah Avenue N. 10 55' 10" W. 258.17 feet to the point or place of
BEGINNING. Containing 6.876 acres.
8:45 p.m. Approval of the minor subdivision of Dawn Estates
Shopping Center, Inc. situate near Greenport in the Town of Southold,
County of Suffolk and State of New York and bounded and described
as follows:
BEGINNING at a point on the easterly line of a private road
known as Maple Lane 1321.66 feet southerly along said line from the
southerly line of Main Road, said pOint being the southwesterly
corner of land of Kavahagh; running thence along said land of
Kavanagh N. 560 37' 10" E. 195 feet to land of Kaplan; thence along
said land of Kaplan S. 330 22' 50" E. 607 feet to other land of
Kavanagh; thence along said land of Kavanagh, three courses (1)
S. 430 35' 40" W. 36.11 feet; thence (2) S. 330 30' 50" E.
135.52 feet; thence (3) S. 560 29' 10" W. 147.08 feet to land now
or formerly of Dawn Estates Shopping Center; thence along said land
N. 390 32' 40" W. 121. 69 feet; thence along said easterly line of
Maple Lane N. 330 22' 50" W. 630 feet to the point of beginning.
Containing 3.232 acres.
Any person desiring to be heard on the above matters should
appear at the time and place above specified.
.~
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~
Notice of Hearing
-3-
August 27, 1980
Dated: August 27, 1980
BY ORDER OF THE SOUTHOLD TO\VN
PLANNThlG BOARD
HENRY E. RAYNOR, JR., CHAIRMAN
PLEASE PUBLISH ONCE, SEPTEMBER 11, 1980, AND FORWARD FOUR AFFIDAVITS
OF PUBLICATION TO THE SOUTH OLD TOWN PLANNThlG BOARD, MAThl ROAD,
SOUTHOLD, NEW YORK 11971
Copies mailed to the following on August 27, 1980:
The L. I. Traveler-Watchman
The Suffolk Times (Information Only)
Mr. and Mrs. Herbert E. Muncy
Rudolph Bruer, Attorney for Clement W. Booth
Theodore Kaplan, representative of Dawn Estates Shopping Center, Inc.
William B. Carman, Jr., attorney for Mr. and Mrs. Thomas Perillo
Supervisor William R. Pell III
Southold Town Board
.
.
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WAIVER OF SUBDIVISION REQUIREMENTS
(Map of) (Minor Subdivision-) Dawn EstatesShopping Center, Inc.
Hamlet or Village
Greenport
Town
Southold'
The following items normally required as part of the subdivision applica-
tion have been waived.
Check, as required.
Preliminary Map
x
Topographic Map
x
Drainage Plan
x
Street Profiles
x
Grading Plan
x
Landscape Plan
x
Other (describe)
Reason:
1) Minor Subdivision
a) Not rsquired by subdivision regulations X
b) Subdivision of lot on an existing improved filed map
c) Other
(des cribe)
2) Major Subdivision
a) No new drainage structures and no changes in existing drainage proposed
b) No new roads and no changes in existing roads proposed
c) No major site clearing and grading proposed
d) Other
(describe)
.~
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SHOPPING CENTERS
INDUSTRIALS
WATERFRONT
~attm c~
14 DAWN DRIVE
CENTEREACH, L. I., N. Y. 11720
August 14, 1980
Planning Board
Town of Southold
Suffolk County
Southold, New York 11971
Attention: Muriel Tolman, Secretary
Dear Ms. Tolman:
In accordance with your letter of August
5th, 1980 I enclose herewith 6 new maps showing the
4 lots with a building only on lot 4.
Very truly yours,
DAWN ESTATES
BK:rk
Encls.
(1516) JU 8-9250
p
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.
To'
D
Southold. N.Y. 11971
HENRY E. RAYNOR. Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM. Jr.
TELEPHONE
. 765. 1938
August 5, 1980
Mr. Theodore Kaplan
Dawn Estates
14 Dawn Drive
Centereach, New York 11720
Dear Mr. Kaplan:
An inspection has been made of the property to be known
as Cleaves Point IV or Dawn Estates which shows that all buildings
have been demolished and removed from the lots shown as 1, 2 and
3.
The board will require six new maps showing the four lots
with a building only on lot 4. Upon receipt of these maps a
public hearing will be scheduled.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTH OLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
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Southold, N.Y. 11971
HENRY E, RAYNOR, Jr" Chairman
FREDERICK E, GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr,
GEORGE RITCIDE LATHAM. Jr.
TELEPHONE
765-1938
March 31, 1980
Mr. Theodore Kaplan
Dawn Estates
14 Dawn Drive
Centereach, New York 11720
Dear Mr. Kaplan:
The following action was taken by the Southold Town Planning
Board at a regular meeting held March 24, 1980.
RESOLVED to approve the sketch map of the minor subdivision of
Cleaves Point, Section IV subject to the removal of all non-habitable
buildings on lots 1, 2 and 3 as designated by the building inspector
in letter of October 12, 1979 as follows:
Lot #l.
Lot #2.
Lot #3.
Existing non-habitable building
Three existing non-habitable buildings
Four existing non-habitable buildings
RESOLVED to approve the release of Lot #4 on Map of "Dawn
Estates Shopping Center, Inc." also known as Cleaves Point. Section
IV~ubject to the following restriction of the Southold Town Board
01' Appeals:
That the existing buildings, and any future proposed
structures, on the subject parcel (known as Lot No.4) be
used only for storage or for conferences by the proposed
purchaser, Crescent Beach Condominiums, and shall never
be used as livin~ ~uarters or multiple-family, or single
family residence(s).
Yours truly,
Muriel Tolman, Secretary
SHOPPING CENTERS
INDUSTRIALS
WATERFRONT
.
.
(B16) JU 8-9250
fJ)'a<<m C~
14 DAWN DRIVE
CENTER EACH, L. I.. N. Y. 11720
March 20, 1980
Planning Board
Town of Southold
Main poad
Southold, L. I., N. Y. 11971
He: Minor Subdivision 4 Lots
Maple Lane, ~ast Marion, N. Y.
Dear Sirs:
This letter is a request that the Planning
Board consider the release of Lot #4 of the above-
mentioned minor subdivision in order to facilitate
delivery of this Lot to the Crescent Beach Condomiums.
They have made a considerable investment in
the repair of the barn roof which exists on Lot #4
and now wish further to make a larger investment and
install electricity in said barn, in order to be able
to use the barn this summer.
however, they will not risk any furtber
investment in repairs without title.
Inasmuch as their contract has been in force
for quite sume time, they are willing to sign a
stipulation that said Lot would be used only for the
storage and other related uses for the Crescent
Beach Condominiums and tllat it would never be used
for living quarters.
Very truly yours,
ilil.\,N ESTATgS
, i II 0 h A
)Ir~~
Theodore Kaplan
TK:zk
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Southold, N.Y. 11971
HENRY E. RAYNOR. Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE R1TCIllE LATHAM. Jr.
TELEPHONE
765-1938
March 14, 1980
Mr. Ted Kaplan
14 Dawn Drive
Centereach, New York 11720
Dear Mr. Kaplan:
The following action was taken by the Southold Town Planning
Board at a regular meeting held March 10, 1980.
RESOLVED to rescind the resolution of the Planning Board dated
December 17, 1979, which reads as follows:
"RESOLVED to disapprove the sketch map of the minor subdivision
of property to be known as Cleaves Point, Section IV, for the
following reasons:
1. Lot 1 has an existing non-habitable building with
insufficient side and front yards.
2. Lot 2 has three existing non-habitable buildings one
of which has an insufficient front yard and two of which
have insufficient side yards.
3. Lot 3 has four existing non-habitable buildings, one or
which has insufficient front yard3 and two of which have
insufficient side yards.
4. Lot 4 has insufficient area and an existing non-habitable
building with insufficient front, rear and side yards.
An inspection will be made of the property by Mr. Gordon and
Mr. Latham to determine which buildings should be removed before
any further action is taken by the Board.
Yours truly,
Muriel Tolman, Secretary
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Southold Town Board of Appeals
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February 28, 1980
RESOLVED, that CHARLES R. AND ROSE VAN DDZER, in Appeal No.
2662, BE GRANTED a Variance to the Zoning Ordinance for permission
to construct antenna tower 50-foot high, provided that said struc-
ture be constructed as applied for and not closer than 15 feet to
any side yard line.
Location of property: 1200 Parkway, Southold; Southwood Sub-
division Lot No.7, Map No. 2141. County Tax Map Item No. 1000-
70-10-44.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Tuthill
and Doyen. Messr. Goehringer abstained.
*
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RESERVED DECISION: Appeal No. 2661. Application of DAWN
ESTATES SHOPPING CENTER, 14 Dawn Drive, Centereach, New York for
a Variance to the Zoning Ordinance, Article III, Section 100-31
for approval of insufficient area and width of parcel to be estab-
lished within a proposed subdivision. Location of property:
Southeasterly side of Maple Lane, East Marion; bounded northeast
by Kaplan and Kavanagh; southeast by Crescent Beach Condominiums,
Gucer and paulison; southwest by Maple Lane; northwest by Kavanagh;
County Tax Map Item No. 1000-35-008-003.
After investigation and inspection, the Board finds that the
applicant is requesting approval of insufficient width of 121.69
feet and insufficient area of 18,573 square feet of a parcel to
be established in a proposed subdivision. The lots in the immedi-
ate vicinity of the subject property have much less width, and
also are smaller in area than the subject subject parcel, and the
Board feels by the granting of this application, no change would
be made in the character of the neighborhood. However, the subject
parcel is in an M-l Zone, and to permit multiple residences on
this small area of land would be inappropriate and unwarranted.
The Board finds that strict application of the ordinance would
produce practical difficulties or unnecessary hardship; the hard-
ship created is unique and would not be shared by all properties
alike in the immediate vicinity of the property and in the same
use district; and the variance will not change the character of
the neighborhood and will observe the spirit of the ordinance.
On motion made by Mr. Douglass, seconded by Mr. Grigonis, it
was
RESOLVED, that DAWN ESTATES SHOPPING CENTER, in Appeal No.
2661, BE GRANTED a Variance to the zoning Ordinance approving
the insufficient width and area as applied for, of a parcel to
be established in a proposed subdivision, SUBJECT TO THE FOLLOW-
ING CONDITIONS:
"
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Southold Town Board of Appeals
-7-
February 28, 1980
(1) Approval of the Subdivision by the Southold Town Planning
Board;
1
(2) That the existing buildings, and any futune proposed
structures, on the subject parcel, (known as Lot No.4)
be used only for storage or for conferences by the pro-
posed purchaser, Crescent Beach Condominiums, and shall
never be used as living quarters or multiple-family,
or single-family residence(s) .
Location of property: Southeasterly side of Maple Lane, East
~arion; bounded northeast by Kaplan and Kavanagh; southeast by
Crescent Beach Condominiums, Gucer and paulison; southwest by
Maple Lane; northwest by Kavanagh. County Tax Map Item No.
1000-35-008-003.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Tuthill
and Doyen. Messr. Goehringer abstained.
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On motion by Mr. Doyen, seconded by Mr. Tuthill, it was
RESOLVED, to approve twenty (20) Special Exception-Sign Renewals
for an additional period of one year, SUBJECT TO the Federal Highway
Beautification Act and Funding Laws for Highways if applicable.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Tuthill
and Doyen. Messr. Goehringer abstained.
*
*
*
On motion by Mr. Douglass, seconded by Mr. Tuthill, it was
RESOLVED, to approve the minutes of the February 7, 1980
meeting of this Board.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Tuthill
and Doyen. Messr. Goehringer abstained.
*
*
*
On motion by Mr. Douglass, seconded by Mr. Grigonis, it was
RESOLVED, to approve the minutes of the February 25, 1980
Special Meeting of this Board.
Vote of the Board: Ayes: Messrs. Grigonis, Douglass, Tuthill
and Doyen. Messr. Goehringer abstained.
*
*
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Southold. N.Y. 11971
HENRY E. RAYNOR. Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM. Jr.
TELEPHONE
765. 1938 .
February 22, 1980
Mr. Charles Grigonis, Chairman
Zoning Board of Appeals
Town Hall
Southold, New York 11971
Dear Mr. Grigonis:
The following action was taken by the Southo1d Town Planning
Board at a regular meeting held February 11, 1980.
RESOLVED that on an over-view of minor subdivision of Cleaves
Point, Section IV (also known as Dawn Estates) the Planning Board
sees no need of road construction nor municipal drainage facilities.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
.
.
Southold Town Board of Appeals
SOUTHOLD, L. I., N. Y. 11971
TELEPHONE (516) 765.1809
APPEALS BOARD
MEMBERS
R~~~ll~~~~,~~~*
CHARLES GRIGONIS, JR., Chairman
SERGE DOYEN,JR.
TERRY TUTHILL
ROBERTJ.DOUGLASS
January 15, 1980
Southold Town Planning Board
Town Hall
Southold, NY 11971
Re: Proposed Minor Subdivision of Ted Kaplan (Dawn Estates
Shopping Center) referred to as "Cleaves Point, Section IV"
Location of property: E/s Maple Lane, East Marion
Appeal No. 2661
Dear Sirs:
An appeal application requesting approval of an under-
sized lot and insufficient width within the above-mentioned
proposed minor subdivision has recently been filed with this
Board.
The Board of Appeals is in receipt of a letter from the
Planning Board dated December 18, 1979 listing reasons why the
sketch plan was disapproved, but there was no mention as to
whether preliminary recommendations were considered. If not,
it would be appreciated if we could have your preliminary
recommendations. This matter is scheduled for a public hear-
ing tentatively for February 7, 1980.
Please note that both an A-Residential & Agricultural
District and M-l Multiple Dwelling District are involved.
Sincerely yours,
Enclosure
d7Ld~
Mrs. L.F. Kowalski
Secretary
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Southold. N.Y. 11971
HENRY E RAYNOR. Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM. Jr.
TELEPHONE
765. 1938
December 18, 1979
Mr. Ted Kaplan
14 Dawn Drive
Centereach, New York 11720
Dear Mr. Kaplan:
The following action was taken by the Southold Town Planning
Board at a regular meeting held December 17, 1979.
RESOLVED to disapprove the sketch map of the minor
subdivision of property to be known as Cleaves Point, Section IV,
for the following reasons:
1. Lot 1 has an existing non-habitable building with
insufficient side and front yards.
2. Lot 2 has three existing non-habitable buildings one
of which has an insufficient front yard and two of which
have insufficient side yards.
3. Lot 3 has four existing non-habitable buildings, one of
which has insufficient front yard and two of which have
insufficient side yards.
4. Lot 4 has insufficient area and an existing non-habitable
building with insufficient front, rear and side yards.
Yours truly,
Muriel Tolman, Secretary
Copy to Board of Appeals
ROBERT W. TASKER
Town Attorney
OFFIC
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TELEPHONE
(516) 477-1400
425 MAIN ST.
GREENPORT, L.l., NEW YORK 11944
December 13. 1979
Planning Board
Southold Town Hall
Southold. New York 11971
Re: Sketch Map of Cleave Point
Dear Sirs:
You have inquired as to the filed sketch map of the above subdivision
as to how the same should be handled by the Planning Board in light
of the October 12, 1979 letter from the Building Inspector.
As indicated in the Building Inspector's letter. it would appear that there
are numerous aspects of each lot which do not conform to the present
requirements of the Zoning Code. Since this is not a cluster subdivision.
I do not believe that the Planning Board has authority to vary the applicable
provisions of the Zoning Code. Therefore. it would be my opinion that
before the Planning Board could approve the subdivision, the requisite
variances must be obtained by the applicant from the Board of Appeals.
Yours very truly,
VJ
~~-/~
ROBERT W. TASKER
RWT:MY
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ROBERT W. TASKER
Town Attorney
OFFIC
T
ORNEY
D
425 MAIN ST.
GREENPORT, L.I., NEW YORK 11944
November 27, 1979
Ms. Muriel Tolman
Southold Town Planning Board
Town Hall
Southold, New York 11971
Dear Ms. Tolman:
Enclosed is a copy of your letter to me of November 15, 1979
concerning "Cleaves Point".
To begin with the enclosures mentioned were not enclosed. It
is impossible for me to understand exactly what the questions
are. Perhaps if you sent me appropriate information, it would
be helpful.
Yours very truly, (J)
d2aJi~
ROBERT W. TASKER
RWT:MY
Enclosure
TELEPHONE
(516) 477-1400
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Southold. N. Y. 11971
HENRY E RAYNOR. Jr.. Chairman
FREDERICK E GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM. Jr.
TELEPHONE
765. 1938
November 15, 1979
Robert Tasker, Esq.
Main Street
Greenport, New York 11944
Dear Mr. Tasker:
Enclosed find items from the Planning Board file for
"Cleaves Point, Section IV".
Some question arises with the letter from the building
inspector concerning the fact that more than one habitable
dwelling exists on several of these lots. Would this in any
way affect the subdivision procedure that this board operates
under?
If we do not hear from you within thirty days we will
assume that we should handle this in the usual manner.
Yo~s truly, ~\ /..J l'
1u>" /- (. YZIV/'. -vi
HENRY EJRAYNOR,~., CH IRMAf?
SOUTHOLD TOWN PLANNING BOARD
HER/mt
Enclosures
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Southold. N. Y. 11971
HENRY E. RAYNOR. Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM. Jr.
TELEPIlONE
765. 1938
November 15, 1979
Robert Tasker, Esq.
Main Street
Greenport, New York 11944
Dear Mr. Tasker:
Enclosed find items from the Planning Board file for
"Cleaves Point, Section IV".
Some question arises with the letter from the building
inspector concerning the fact that more than one habitable
dwelling exists on several of these lots. Would this in any
way affect the subdivision procedure that this board operates
under?
If we do not hear from you within thirty days we will
assume that we should handle this in the usual m~er.
Yours truly,
HER/mt
Enclosures
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
Y'.K
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Southold. N. Y. 11971
HENRY E. RAYNOR. Jr.. Chairman
FREDERICK E GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM. Jr.
TELEPHONE
765. 1938
NEGATIVE DECLARATION
November 14, 1979
Pursuant to Article 8 of the Environmental Conservation Law
state Environmental Quality Review and 6NYCRR Part 617, Section
617.10 and Chapter 44 of the Code of the Town of Southold, notice
is hereby given that Southold Town Planning Board as lead agency
for the action described below has determined that the project
will not have a significant effect on the environment.
DESCRIPTION OF ACTION
The minor subdivision of Cleaves Point, Section IV is a four-
lot subdivision of property located at East Marion.
The project has been determined not to have a significant
effect on the environment for the following reasons:
An environmental assessment has been submitted Which
indicated that no significant adverse effects to the
environment were likely to occur should the project
be implemented as planned.
The New York State Department of Environmental Conserva-
tion has indicated that the state has no jurisdiction
since the property is beyond 300' from the nearest Tidal
Wetlands.
The Suffolk County Dept. of Health Services has not
replied in the allotted time indicating that it has
no objection.
The project will meet all requirements of the Code of
the Town of Southold Subdivision of Land regulations.
Further information can be obtained by contacting Miss Muriel
Tolman, Secretary, Southold Town Planning Board, Town Hall,
Southold, New York 11971
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Copies to Robert Flacke, Commissioner; DEC at stony Brook, Suffolk
County Dept. of Health Services, Suffolk County Planning Commission,
Building Inspector, Supervisor Homan, Town Clerk's Bulletin Board.
.
.
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(SI6) JU 8-9250
SHOPPING CENTERS
INDUSTRIALS
WATERFRONT
~a<<m rff~
14 DAWN DRIVE
CENTEREACH, L. I., N. Y. 11720
October 30, 1979
:Planning Board
Town of Southold
Suffolk County, N. Y. 11971
Dear Ms. Tolman:
With reference to your letter of October
26, 1979 and the accompanying letter of George H.
Fisher, Sr. Building Inspector, please be advised
that we do not have any intentions, at this time,
to conform any of the non-habitable buildings to
the code.
We have received nQmerous inquiries from
prospective purchasers for this property because of
the existence of these buildings, and therefore
would prefer to sell the proposed parcels with the
existing buildings.
Of course, we would advise the prospective
purchaser of the non-conformities, leaving the
prospective purchaser either to make therr the sub-
ject of a variance before the Board of "'Ipeals or to
destroy and remove them.
Very truly yours,
Dd.\'ll\ Ebit.d:r:2.;S
BK:zk
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Southold. N.Y. 11971
HENRY E. RAYNOR. Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITClUE LATHAM. Jr.
TELEPHONE
765. 1938
October 26, 1979
Mr. Bernard Kaplan
14 Dawn Drive
Centereach, New York 11720
Dear Mr. Kaplan:
Enclosed find letter from George H. Fisher, Sr. Building
Inspector, regarding your proposed subdivision to be known as
"Cleaves Point, Section IV".
May we have a statement from you in regard to you intentions
regarding the non-habitable buildings on the property.
Yours truly,
Muriel Tolman, Secretary
Southold Town Planning Board
- _'~ ",","'''_"'_'."''~_'_'''_ - .~..,....___,_...__...'_~~'" --'-c- ------~ ~.-.--.,.- _.,~~."--,-.,.. ,..".,- .-...--_. '. .,-,_.._--".~,......,.--...."..-------'--_--""
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Commissioner
Robert F. Flacke
New York State Department of Environmental Conservation
Regulatory Affairs
Bldg. 40, SUNY - Rocm 219
Stony Brook, NY 11794
(516) 751-7900
October 22, 1979
Heru:y E. Raynor, Jr., Chai.Dna.n
Tarm. of Southarrpton Planning Board
Main lbad
Southold, NY 11791
Dear Mr. RayrXlr:
with regard to the minor subdivision of Cleaves Point, Section IV
located at Southold, New York, the state has no jurisiiction since it is
beyond 300' fran the nearest Tidal Wetlands.
Very truly yours,
'?~'11 ,~
RNTlcr
Robert N. Thurber
Environmental Analyst
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TEL. 765-1802
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
TOWN HALL
SOUTHOLD, N. Y. 11971
October 12, 1979
TO: SOUTHOLD TOWN PLANNING BOARD
RE: "SKETCH MAP" of CLEAVE POINT, SECT. IV
STAMPED "RECEIVED" by the PLANNING
BOARD on AUGUST 3, 1979
Using measurements (plus or minus) scaling off this sketch map,
I find the following conditions in reference to the Codeof Southold,
Zoning,Chapter 100 - Art. III, Residential Agriculture Zoning. The
buildings are labeled by letters:
Lot 1 is a conforming lot with one "A" existing non habitable
building. To be a dwelling, this building would have a non conforming
side yard (less than 15') and less than a 50' front yard.
. Lot 2 is a conforming lot with three (3) existing non habitable
buildings. Building "A" to be a dwelling would have less than a
50' front yard.
Building "B", as an accessory, would be non conforming as located
in the side yard. Building B and C appear to be non conforming as it
appears less than 3' to the side property line.
Lot 3 is a conforming lot with four (4) non habitable buildings.
Building A as a dwelling would have less than 50' front yard. Building
~ as an accessory building would be conforming. Building(s) D and C
would be non conforming as located in the side yard.
. t Lot 4 is a non conforming lot in area, length and depth. The ex-
isting non habitable building has non conforming fro~ rear and one (1)
side yard. The building also exceeds the 20 percent maximum permitted
lot coverage. A maximum height of a one family dwelling is 35' and
2! stories high.
An average less than 50' of the permanent dwellings within 300'
can be used as a front yard setback (Sect. 100-33). The sketch map
does not show the existing dwelling located to the north of this
Section IV, which may be less than the 50' setting the average.
/LJ ~I U
GEORGE H. FISHER
Sr. Building Inspector
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D
Southold, N. Y. 11971
HENRY E. RAYNOR. Jr.. Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI. Jr.
GEORGE RITCHIE LATHAM. Jr.
TELEPHONE
765. 1938
October 11, 1979
Mr. Roy Haje
Environmental Analysis Unit
DEC, Building 40, SUNY - Room 219
Stony Brook, New York 11794
Dear Mr. Haje:
Enclosed find completed short Environmental Assessment
Form and copy of map of the minor subdivision of Cleaves Point,
'Section IV located at Southold, New York.
This project is unlisted; other agencies may be involved
but the optional coordinated procedures for designating lead
agency and determining significance will not be followed. The
Southold Town Planning Board wishes lead agency status (SEQRA).
May we have your views on this matter. Written comments
on this project will be received at this office until October
25, 1979. We shall interpret lack of response to mean there is
no objection by your agency.
Yours truly,
HENRY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel TOlman, Secretary
Enclosures
Copy to Suffolk County Dept. of Health Services
Suffolk County Planning Commission
Southold Town Building Department
T
D
.
SOUl hold , N. Y. 11971
~
~
HENRY E. RAYNOR, Jr. , Chm.
FREDERICK E. GORDON
JAMES WALL
Bennett Orlowski, Jr.
George Ritchie Latham, Jr.
TELEPHONE
765. 1938
September 17, 1979
Mr. George Fisher, Sr. Building Inspector
Town Hall
Southold, New York 11971
Dear ~. Fisher:
The Southold Town Planning Board reviewed a sketch map of
a proposed minor subdivision of property to be known as "Cleaves
Point, Section IV".
I was requested to forward to you a m~p of the property
and ask that you check all buildings on all proposed lots to see
if they meet the specifications of the Town.
Yours truly,
Muriel Tolman, Secretary
Southold Town Planning Board
Copy to Bernard Kaplan
(a) In or:!ar ~o 'a.ns";JrIar 't~9 'q~es"C:.o::.s ~- -~ 5-:"0- z;.~ "s ~5 ~::ssuc9d ~ha.o; -~..,:
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..
APPLICATION FOR APPROVAL OF PLAT
~\jG
?, '979
To the Planning Board of the Town of Southold:
The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat
in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Tawil
Planning Board, and represents and states as foHows:
1. The applicant is the owner of record of the land under application. (If the applicant is not the
owner of record of the land under application, the applicant shall state his interest in said
land under application.)
2. The name of the subdivision is to he .. (~~ . R lit T. . ~(;.t;:. 7.1. ~"J. .. .'1. . . . .
................................................................................................
3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of
deed suggested.)
4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as
follows:
Liber
.Sl,/.o?..............
Page
..~~s............
On
;:;~P.r. .(f.) /1. '4..;
Liber
........................
Page
Page
Page
Page
On
........................,
Liber
........................
On
........................,
Liber
........................
......................
On
........................,
Liber
........................
On
........................,
as devised under the Last Will and Testament of ........... . . . . . . . . .. . . . . . . . . . . . . . . . . . . .
or as distributee ........................................................................
................................................................................................
5. The area of the land is . ~ : a ..)A1.. . .
acres.
6. All taxes which are liens on the land at the date hereof have been paid except
................................................................................................
7. The land is encumbered by . ..tit? r:llf:.. .. .. . . .. .. .. . . .... .. .... ...... . . . . ...... . .. . . .
mortgage (s) as follows:
(a) Mortgage recorded in Liber ............ Page ......... . . . . . . . . . .. in original amOunt
of $. . . . . . . . . . . . . . .. unpaid amount $. . . . . . . . . . . . . . .. held by ..........................
. . . . . . . . . . . .. .. .. . . .. .. ... address ......................................................
(b) Mortgage recorded in Liber ............ Page ... . . . . . . . . . . . . . . . .. in original amount
of $. .. . . " . . . . . . ... unpaid amount $. . . . . .. .. . . . . . .. held by ...........................
. .. . . . . .. . . .. .. .. .. . . .. . .. address ......................................................
-
.
.
.
(c) Mortgage recorded in Liber ............ Page.................... in original amounl
of $. . . . . . . . . . . . . . .. unpaid am punt $. . . . . . . . . . . . . . .. held by ...........................
. . . . . . . .. . . .. .. . . . . .. . . .. . address .................................;......,.............
8. There are uo other encnmbrances or liens against the land except JiQIf.,f;................
.........................................................................................
9. The land lies in the following zoning use districts .. A. . .~..;., : /A~t:" . . . . . . . . . . .
.........................................................................................
10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex~
cept ... t{ ~.ct~. .. .. .. . . .. .. .. .. . . . . . .. . . . . . . . . . . . . . . . .. . . .. .. .. .. .. . . . . . . . . . . .. .. . . . .
11. The applicant shall at his expense install all required public improvements.
12. The land, (does) (e1..8 8M) lie in a Water District or Water Supply District. Name of Dis-
trict. if within a District, is .. ~ ~.lF,lfP!>fi... T. . W.h.T.~. PI:>. T., . . .. . . . . . . . . . . . .. .. .
13. Water mains will be laid by . ..E. X ('<:;:'.7. .. . . . . . . . . . . . . . .. .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . .
and (a) (no) charge will be made for installing said mains.
14. Electric lines and standards will be installed by . .;:.-X{ S.T.. . . .. .. .. . . . . .. . . . . . . .. ... .
....................................
an d (a) (no) charge will be made for installing said
lines.
IS. Gas mains will be installed by . ..tfq J:{./!!;... . . . . . . .. . . . . . . .. .. .. . . .. . . . . . . . . . ... . . .. . . . . . .
and (a) (no) charge will be made for installing said mains.
16. If streets shown on the plat are claimed by the applicant to be eXlstmg public streets in the
Suffolk County Highway system, annex Schedule "B" hereto, to show same.
17. If streets shown on the plat are claimed by the applicant to be existing public streets in the
Town of Southold Highway system, annex Schedule "e" hereto to show same.
18. There are no existing buildings or structures on the land which are not located and shown
on the plat.
19. Where the plat shows proposed streets which are extensions of streets on adjoining sub-
division maps heretofore filed, there are 110 reserve strips at the end of the streets on said
existing maps at their conjunctions with the proposed streets.
20. In the course of these proceedings, the applicant will offer proof of title as required by Sec.
335 of the Real Property Law.
21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex
Schedule "0".
oJ
.-
.
.
22. The applicant estimates that the cost of grading and required public improvements will he
$. .t{oh(..e: as itemized in Schedule wE" hereto annexed and requests that the maturity of
the Performance Bond be fixed at ....... . . . .. years. The Performance Bond will be written
by a licensed surety company unless otherwise shown on Schedule "F".
DATE
... .J.v.L'{..3.0'...... .d, 19.17
D .5.' n
... ~.t.! .~:T~T.~.., . flQ P.P.l H b. .\.J~.N~~
(Name of Applicant)
By .11... ~9~ . 'J"?~~
(Signature ~~d ~~~
I.t{. ])tt.v,:) tI. . U.l. V€'. /: Arf.r.~~.~)"r}l,
(Address)
STATE OF NEW YORK, COUNTY OF .S.r)FF~.~.K...............,ss:
On the....3. .0. :!..4:-... day of ...J..V.~ y. ............, 191 f., before me personally came
.. .15. (;:..J(tJ P.r.f\ .P.. . k:Af.'!..A.t.l. .... to me known to be the individual described in and wh"
executed the foregoing instrument, and acknowledged that . f.:t<f:.... . . . . .. executed the same.
N~;~tk;;."",~... ~~............ ,. ,
STATE OF NEW YORK, COUNTY OF
B~R"ARD OB~RFIELD
IIOTARt purlllC, STATE OF N~,V YORK
~IO. 52-;:<;21800
QUAUFtfl IN ~": K C':i:"TY V'
\l(fIlMISSJON tXf'ltit;i J.;;.;:.~L l~-4 f
. .. . . .. .. . . . . . . . . .. .. . . . . ... 58:
On the .................. day ...... .,....... of.........., 19......, before me personally came
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to me known, who being by me duly SWorn did de.
pose and say that. . . . . . . . . . .. resides at No. ....................................................
.. . . . . . . .. . . .. . . . .. . . . . . . . . . . . .. . . . .. . . . . . . . . . . . that .......................... is the ..........
. . . .. . . . . . . . . . .. of ............................................................................
the corporation described in and which executed the foregoing instrument; that ............ knows
the seal of said corporation; that the seal affixed by order of the board of directors of said corpor-
ation, and that ............ signed ............ name thereto by like order.
Notary Public
................................................
OTTO W. VAN TUYl
Reg. Professional Engineer
Licensed land Surveyor
Phone 477.1487
.
.
RODERICK VAN TUYl
Licensed land Surveyor
Phone 477.1608
RODERICK VAN TUYL, P. C.
\'1 "
5 c.H fl.]) UL,E A
FRONT STREET AT MAIN
GREENPORT, NEW YORK 11944
x
PHONE 477-0170
July 27, 1979
DESCRIPTION:
Minor Subdiv1.sion,
Dawn Estates Shopping Oenter
Beginning at a pOint on the easterly line of a private
road known as Maple Lane, 1321.66 feet southerly along said line from
the southerly line of Ma1n Road, said point being the southwesterly
corner of lang of Kavanaugh; running thence along said land of Kav-
anaugh, N. 56 37' 10" E. - 195.g feet t,) land of Kaplan; thence
along said land of Kaplan, s. 33 22' 50" E. - 607.0 feet to other
land of Kavanaugh; Thence along said land of Kavanaugh, three
courses:
(1) s. 430 35' 40" W. - 36.11 feet;; thence
(2) s. 330 30' 50" E. - 135.52 feei;; thence
(3) S. 560 29' 10" W. - 147.08 feet to land now or former6Y
of Dawn Estates Shopping Oenter; thence along said land, N. 39
32' 40" W. 0 121.69 feet; thence along E:aid easterly line of Maple
Lane, N. 33 22' 50" W. - 630.0 feet to the pOint of beginning.
Oontaining 3.232 acres.
/z, Ve-~ ~
RODERIOK VAN TUYL, P.O.
RVT/mg
To: Dawn Estates Shopping Oenter
Dawn Lane
Oentereach, New York
::: C H f:[) U ~ E
l~
DECLARATION BY
CLEAVES POINT CORP.
Recorded Liber 4380 of
deeds at page 100
Suffolk County Clerk's OfFice - October 21, 1957
.
--~-
DECLARATION made this 24th day of September, 1957, by CLEAVES POINT CORP., a domestic
coporation having its principal place of business at East Marion, in the County of Suffolk, State of New York,
hereinafter referred to as "DECLARANT".
WITNE~SETH:
WHEREAS, the DECLARANT is the owner in fee of a certain parcel of land with the builidings and
improvements thereon. situate, lying and being at East Marion, in the Town of Southold. Co'unty of Suffolk,
State of New York, "wre particularly described in the altached schedul. marked "Schedule A"; and
WHEREAS, it is the intention of the DECLARANT to subdivide and develop the aforementioned
premises, in whole or part, and to sell 'said subdivided pa reels, or any portion of the aforementioned property,
subject to the terms and conditions herein set forth and to enumerate herein the rights, powers and privileges
which shall accrue to each resident las hereinafter de fined) of the aforementioned property;
NOW THEREFORE, in order to carry out the the intention hereinabove expressed and to create or
confirm and specifically define the rights of the "residents", DECLARANT se,ys forth the following:
FIRST: The premises set forth in Schedule A. hereto attached, are owned in fee by DECLARANT and
are subject to the following:
(I) Tlo any r~strictions or regulations a.s to bu i1dings, under any law or ordinance of any municipal or
other public authority now or hereafter effective.
(2) 'To any restrictions, covenants, easements and agreements of record.
(3) iTa any state of facts which an accurate sur vey would show.
SECOND: All plans and specifications for any proposed dwelling shall first be approved by DECLAR-
ANT in writing before any such dwelling is erected. but DECLARANT agrees not to unreasonably withhold such
approval. No building on Lots eight (8) through fifteen (15) shall be erected more than one story in height and
no building on Lot's eight (8) through fifteen (15) shall be erected with a flo'or area less than 1000 square feel.
No temporary structure shall be erected or maintained on any portion of the property. Where approval is given
the main building shall' be first erected. The approval herein referred to shall not be requiro:l subsequent to
ten year,s from the date hereof.
THIRD: No business strucive shall be erected on any of the property sold or conveyed by DECLARANT
nor shall any dwelling be used for business purposes of any kind whatsoeV'er witho'ut the written consent first
obtained of DECLARANT. Such approval shall not be required subsequent to ten years from the date hereof.
FOURTH: DECLARANT reserves unto itself, its successo'rs and assigns, the ea;sement and right of
way in perpetuity to erect, construct and/or mantain, or to grant such right to erect, construct and/or main-
tain along, through or under the ,streets, roads or highways now laid out or as hereafter laid out, or as shown
on any subdivision map and along any side or rear lot Hne, pipes or similar means of supply for gas and
lighting purposes; pipes mains, hydrants and/or similar means of supply for waterj poles, wire, cables, condui"As,
pipes and/o'r similar means of electric, telephone and/or telegraph trar;smission, public and/or private pipes,
lead drains, storm drains, cesspools, and/or similar instruments of sewerage and/or flushing systems; stand
pipes, fire hydrants, fire and pomce signal boxes; and any and all appurtenances necessary to the construction,
erection, maintenance and/or use of all the foregoing instruments; and all other instruments of construction
usual in the conduct and/or construction of a public or quasi-public utility and performance of public or
quasi-public functions. The DECLARANT, its successors or assigns, are to have the right to exercise said ease-
ment and right of way to enter upon the side and rear lin'es of the. lots for any of the purposes for which the
said easeme!1t and right of way are reserved and in additio'n thereto, for the purpose of repair and further
erection a,nd construction, all without subjecting ii}'ielf, its successors and assigns, to any liability to an action
for damages, for trespass or for any other reason, and the DECLARANT reserves the right to grant any of the
easements herein described.
FIFTH: DECLARANT has heretofore filed a subdivision map covering a portion of the aforemention-
ed property, which said map is made by Olto W. Van Tuyl and Son, dated May 23, 1957, and filed in the office
of the Clerk of the Co.unty of Suffolk, on the lOth day of September, 1957, as Map No. 2752. There is in-
dicated thereon a portion of the premises marked IIReserved for Beach Area". The said portion of the property
so reserved shall be used by "residents" of any portion of the property described in Schedule A solely as a
beach and for no other purpose whatsoever, and at no time shall any business structures be erected thereo'n.
The right and privilege herein granted shall not be de emed in any way whatsoever to impose on DECLARANT
any duty or obligation to erect, maintain, improve or repair any structures now or hereafter erected on the
said "Reserved for Beach Area", or to replace any part thereof which may be destroyed by fire. element. or
otherwise, or to obligate DECLARANT to maintain life guards or life saving equipm.ent on or adjacent to the
said area. It ;s distinctly understood that anyone availing himself of the bathil"g facilities does so at his own
risk.
SIXTH: The property owners of lots 10, to and including 14, on the subdivision map of Otto Van
Tuyl and Son, dated May 23, 1957. cannot erect a,ny piles extending into the channel. The property owners
of any other lot shown on said subdivision map shall moor their boats in front of the property allocated to such
property owner on said subdivision map and may instaH piles to exte.nd no further than thirty feet from the shore-
line. No obligatio'n shall exist on the part of declarantto maintain bulkhead and channel.
.
.
SEVENTH: The term "resident" as used in this DECLARATION shall be defined to be any natural
pe~son who shall be or become:
I. The owner and! or resident tenant of any building now erected on any portion of the property
owned by the DECLARANT and described in Schedule A, hereto attached.
2. The owner and/or resident tenant of a building hereinafter erected on any portion of the pre-
mises owned by the DECLARANT, referred to in Schedule A, hereto attached.
3. The owner of the entire parcel of land described in Schedule A, hereto attached, or any por-
tion thereof.
4. The resident members of the immediate fa,mily and house guests of a person who qualifies as
a re:sident within the meanings of subdivision I and 2 of this paragraph "Seventh".
EIGHTH: The USe of the area designated as "Reserved for Beach Area" shall be subject to such
reasonable rules and regulations as shall from time to time be promulgated by the DECLARANT or the Assoc-
iation (hereinafter referred to).
NINTH: Access to the "Reserved for Beach Area" shall not be o,bstructed by any fences unle'ss same
shall be equipped with a gate or gates to afford access to said area.
TENTH: DECLARANT may sen, assign, tra,nsfer or otherwise dispose of the property designated as
"Reserved for Beach Area" to any person, partnership, or corporation, village, town, state or other Govern-
mental Authority, provided that prior to such sale, transfer, or other disposition, DECLARANT shall first
offer to convey to the Association the fee simple thereof for the consideration of One Dollar. Such offer shall:
II be made in writing by registered mail to the Association, in care of its most recent present
treasurer or secretary whose name and address shan have been filed with the DECLARANT.
(2) State the address of the offeror.
(3) State the date on which said offer will expire if not theretofore accepted, which date shall be
three months from date of said offer.
(4) In the event of an acceptance of said offer, conveyance shall be made within thirty days of the
date of said ,acceptance.
In the event the aforesaid offer for conveyance to the Association. as provided in this paragraph, is
not aceeptedand the time limit provided for acceptance has expired, or in the event that no association is formed
within a period of ten years from the date hereof, then and in that event DECLARANT, its successors or assigns,
shall have the right to sell. transfer, OT otherwise dispose of the property marked "Reserved for Beach Area"
to any person, partnership, o'r corporation, or village. town. state, or other Government Authority, free
and clear of any rights of residents hereunder.
The term "Association" shall be deemed to mean a corporation organized under the laws of the
State of New York, of which any owner of any portion of the property described in Schedule A shall be or is
entitled to become a member, it being the intent hereof that the said Association shall have as its membership
only residents of the property described in Schedule A hereof.
ELEVENTH: All of the rights herein granted sh aU:
(a) Inure to the benefit of the DECLARANT, ik successorls or assigns.
(b) Be appurtenant to the ownership of any portion of the property referred to in Schedule A, hereto
attached.
Ic) 'Run with the land for the benefit of the Tesidents as defined in paragraph "Seventh" hereof.
Id) Become a part of every conveyance of any portion of the property referred to in Schedule A,
hereto attached, as though this DECLARATION were fully incorporated in each such conveyance.
TWELFTH: DECLARANT herein reserves the right at any time and without notice to amend, modify
or supplement this DECLARATION.
CLEAVES POINT CORP.
By
CHARLES A. CORNIBERT,
President
STATE OF NEW YORK I
COUNTY OF SUFFOLK) ss.:
On this 24th day of September, Ninetee n Hundred and Fifty-seven, before me personally came
CHARLES A. CORNIBERT, to me personally known, who, being by me duly isworn, did depose and say that
he resides in East Marion, Suffolk County, New York, that he is the President of CLEAVES POINT CORP.,
the corporation described in, and which executed, the above Il1jstTument; that he knows the seal of said corp-
oration; that the seal affixed to said instrument is such corporete seal; that it was so affixed by order of the
Board of Directors of said corporation; and that he 'signed his name thereto by like order.
IRVING L. PRICE
Notary Public, Suffolk County
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SUFFOLK CO. PLANNING DEPT
SUB,D REVIEW SECTION
21 August 1980 BY: C.G.Lind
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fO THiS $U;,vEY IS A VIOLATION OF
SECTION 72C9 CF THE NEW YORK STATE
EDUCATION LAW.
coms OF THIS SURVEY MAP NOT 8EARING
THE LAi'D SG::v'~i'()R'S iN:(_D 5L'.AL Olt
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