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HomeMy WebLinkAbout1000-94.-3-1.6Submission Without a Cover Letter Sld~ject: SCTM#: ~ooo- ~ur_ $_ I. (~ Comments: Submission Without a Cover Letter SCTM#: 1000. ~-~-I. & Comments: ~ pI6~ns Subject: Date: DEC ~1 1995 Attorney at Low FACSIMILE COVER SHEET DATE: TO: ATTN: RE: # OF PAGES TRANSMITTED: 'Including Cover Sheet) Any problems with this transmission or if all pages are not received, please call Mary at (516) 736-2424 640 Horseblock Rood * Formingville, New York 11738 · Phone - (516) 736-2424 · Fax - (,516) 736-2058 SOUTHOLD TOV~'N ' PLANi'ilNG 80A,~R D I llanauer Righk- of- All that certain plot, piece or parcel of land, situate, lying at~d being at Mattituck, Town of $outhold, County of Suffolk and state of New York, bounded and described as follows: BEGINNING at a point at the Northeast corner of Soundview Avenue and from said point of beginning: RUNNING thence along land now or formerly of Robert and Jean the £ollowJng eourse~ and distances: (2) North 49 degrees 52' 20" East, 154.92 North 57 d*grees 08' 50" East, 208.72 or formerly of Zimnoski; THENCE along said land South 26 degrees 10' 50" Bast, feet; THENCE South 57 degrees 08' 50" West 199.78 feet; THENCE South 49 degrees 52' 20" West THENCE North 26 degrees 02' 10" West, Northeast corner of BEGINNING. £eet~ feet to l~nd now 164.20 feet; 51.04 feet to the Soundview Avenue, to the point of place of 49.84 NOV 3 0 1995 SOUTHOLD TOWN PLANNING BOARD FORM !0(~1 ,,006 =COFIDEO THIS INDENTURE, make the 3Otb BETWEEN SANFORD HANAUER ASSOCIATES Mattituck, New York 11952 pa~y of thc first pn~ and RANDY SCOTT SHUR, residing at New York 11738 Standard N,Y.B.T.U. Form 8007 ,urgain and Sale Deed wilh Covcnanl agai.sl Ora.lor'~- . -- Ind Id rpllra CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT -- THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. day of October , nineteeu hundred and ninety-five Lakeside Drive, Box 1430, No # Soundview A, Farmingville, pa~yofthcsecondpart, WlTNESSETH, lhatlhepa~yofthefirstpa~,inconsidemfionor valuable consideration law~l money of the United Stales, paid by the party of the second pa~, does hereby grant and release unto the paay of the second pail, the heim or successors and assigns of the pa~y of the second pa~ ~mver, ALL that ce~ain plot, piece or pa<el of land, with the buildings and improvements Ihemon erected, situate, lying and being at Hattituck, Town of Southold, County of Suffolk and State of New York, bounded and d~cribed as follows: BEGINNING at a point at the Northeast corner of Soundview Avenue and from said point of beginning: RUNNING THENCE along land now or formerly of Robert and Jean Lenzner the following 2 courses and distances: 1. North 49° 52' 20" East, 154.92 feet; 2. North 57° 08' 50" East, 208.72 feet to land now or formerly of Zimnoski; THENCE along said laad, South 26~ 10' 50" East, 2015.81 feet to land now or formerly of Robert and Jean Lenzner; - THENCE along said land, South 63° 25' 10" West, 375.73 feet to land now or formerly of Michalecko; .... THENCE along said land the following 4 courses and distances: 1. North 25° 40' 00" West, 403,20 feet; 2. North 25° 27' 00" West, 824.65 feet; 3. North 25° 48' O0" West, 506.27 feet; 4. North 26° 02' 10" West, 222.82 feet to the Northeast corner of Soundview Avenue, the point or place of BEGINNING. RESERVING, however, to Sanford Hanauer and Sue B. Hanauer, his wife, for the benefit of premises owned by them at SCTM # 1000-94-3- 1.007 an easement or right-of-way 49.5 feet in width running over premises herein from Soundview Avenue along the northerly line of the premises herein described for purposes of vehicular and pedestrian ingress and egress to.~ra:;i-~ SCTM # 10OO-94-3-1.007 and for installatiofi3~maintenance of u~ty lines and mains to those pre~i_~s~S~.~ ~See Liber 9595, Page 103)~ ..... Grmn~e-e' covenants a~a portion of the land herein conveyed 50' in width running along the northerly line of the premises conveyed immediately south of the above indicated right-of- way shall remain forever undisturbed add in its present natural state as a conservation buffer area. Grantee further covenants and agrees that premises herein conveyed shall be serviced by no more than one (1) driveway off of the above described right-of-way and that said driveway shall enter at the westernmost 75' of the property herein conveyed. NOV ! ~ ~§ ~ow~ ~, RO~,~ CtL~RK O~ m~'FOLK CO~lW , $10.00 and any other good and MON, SE~ S. P6 °10 S 49°5P'~O"W, STAKE MOO. SET ,ee_~. .... h:~e oo~ / o " w.- S. 26 °I0 '~0 758.00' 117.54 ' Attorney at Law November 29, 1995 Attn:. Meltssa Spiro Planning Board Office Town Of Southold Town Hall, 53095 Main Road Southold, NY 11971 RE: Approved Minor Subdivision R~b~r& and Jean Lenzner SCTM# 1000-94-3-1.3, 1.5, 1.6 and 1.7 [PB File Number: SCTM# 1000-94-3-1o1~ Dear Ms. Spiro: I am writing at the request of my client, ~andy Scotr Shut, concernlng =he q~estlon of the recording of the Irrevocable Order of Dedlcation for the 50 foot wide right of way. Through no fault of Mr. Shur, the dedication in recordable form was not delivered ~o us by the seller until the date of c!~sing on October 30, 1995. At that tim.~, the document was given by me to the title company and .it was recorded by them in the office of the Suffolk County Clerk on November 13, 1995 in Liber 11749 page 723. A copy of the dedication is enclosed. Again, Mr. Shut attempted to comply fully wi~h the requirements of the Planning Board but was unable to comply due to the delay by the seller. Should you have any additional questions, please do not hesitate to contact me. DENNIS MASINO DM:mas Enclosure VIA FACSIMILE 765-3136 640 HorsebJocK Road ~, FarmJngvitle, New York 11738 · Phone- (516)736-2424 * Fax- (516)736-2058 OFFER OF DEDICATION THiS OFFER OF DEDICATION, dated September 15, 1995, is made by Sa:l£ord Nanauer Associates Pension Fund having an addresg at No # Private Rand, P.O. Box 1430, MaLtitu~.k, New York 11952, ow.e~ of thc ~roper~_y described ai~ Schedule ched hereto and made a part hereof situated at Mattituck, Town of Southold, Suffolk County, New York. San£ord ltaaauer Associates Pension Fund hereby irrevocably offers to uunvey to ~he Towa of Southold fee title to the land described at Schedule A attached for tile purpose of future road dedication only. The undersigned represents that jg is the sole owner of the property described at Schedule A. Th~ Offer of Dedication intended for present or future acceptance and is made pursuant to Covenant and RestricLion #6 as set forth at Liber 9579 page 212 dated 6/]3/84 and regarded at the Sufiolk County Clerk's Office. This Offer of Dedication shall run with the land and shall be binding upon the Declarant, i~s su~essors and assigns. - ~/anford /ana~f~r Associetes Pension Fund ~/ by Sonfo~d llanauer, Trustee STATE OF NEW YORK) " COUNTY OF SUFFOLK) SS: On the ~'t;'~day of September, 1995 before me personally came Sanford Hanauer to me known, who, being by me duly sworn, did depo.~e and say that he resides ~t No ~ Private Road, P,O. Box 143u, Mattituck, NY 11952, tha~ he is the Trustee of Sanford Hanauer Associates Pension Fuad described in and which executed the foregoing instrument. Notary Public 8U~N M. N~Y ~BUC, 8~mte ~ ~ ~ ~mml~ PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P.O. Box 1179 Sauthold, New York 11971 Fax (516) 765~3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 21. 1995 Angela Nolfo 70, South Bicycle Path Selden. New York 11780, RE: Approved Minor Subdivision Robert and Jean Lenzner SCTM# 1000-90,-3-1.3, 1.5, 1.6 and 1.7 (PB file number: SCTM# 1000-94-3-1.1) Dear Ms. Nolfo: In response to your inquiry of July 19, 1995, in regard to requirements for Lot ~f3 (SCTM# 1000-94-3-t.6) of the above mentioned subdivision, please find the following: The four (0,) lot subdivision was endorsed by the Planning Board Chairman on June 18. 1984. In a report dated August 25, 1987, the Planning Board's Engineering Consultant advised the Board that the access road for the subdivision had been built in conjunction with the Town of Southold requirements and recommended that the Planning Board accept the road. At a Planning Board meeting held on September 14. 1987. the Planning Board accepted the access road report from the Engineering Consultant. The access road which was constructed for the subdivision shall be used to provide access to Lot ~3. As mentioned above, the Planning Board accepted the access road as constructed in 1987. The access to Lot ~f3 must be maintained in accordance with the requirements of the Town Zoning Code for emergency vehicle purposes. The access must be free from potholes, ruts and other defects, for a width of fifteen (15) feet and for a height of fifteen (15) feet. 5. As noted in the Declaration of Covenants and Restrictions which was recorded as part of the subdivision approval, the fifty (50) foot. wide right-of-way located on the north side of Lot ~3, shall be offered for dedication as a town road. Prior to the issuance of a building permit for Lot ~3, an irrevocable offer of dedication for the fifty (50) foot wide right-of-way must be recorded with the Suffolk County Clerk's office and with the Planning Board. A draft of the offer of dedication must be submitted to the Planning Board prior to to it being recorded in the Suffolk County Clerk's Office. In addition, any further subdivision of Lot ~3 will be subject to the subdivider constructing a road with a turnaround provision within the entire length (west to east) of the 50' wide r-o-w in addition to any road required within the proposed subdivision. The road(s) must be constructed to the road specifications at the time of subdivision. I have enclosed copies of the above mentioned reports for your convenience. Please contact me if you have any questions regarding the above. Since, rely, Mel/~s~/sa S pCZ~i r~/ Planner eric. cc: Sanford Hanauer, Property Owner Thomas Fisher, Senior Building Inspector Nanauer Rigl~t- of- Way All that o~rtatn plot, piece or parcel of land, situate, lying and being at Mattituck, Town of $outhold, County of suffolk and State of New York, bounded and described as follows: BEGINNING mt a point st the Northeast corner of Soundview Avenue and from said point of beginDing: RUNNING thence along land now or formerly of Robert and Jean Lenz~)er the following Oo~raes and distances: (l) North 49 degrees 52' 20" East, (2) North 57 degrees 08' 50" East, or formerly of Zlmnoski; THENCE ~long said land South feet; THENCE South 57 degrees 08' THENCE South 49 degrees 52' THENCE North 26 degrees 02' Northeast corner of So~ndview Avenue, BEGINNING. 154.92 feet; 208.72 feet to land now 50" West 199.78 feet; 20" West 164.20 feet; 10" West, 51.04 feet to the to the point of pl~ce of 26 degrees 10' 50" East, 49.84 3290 10631 THiS INDENTURE, made BETWEEN CONSULT YOUR LAWYIR IIIFORI SIflHINO THIS INSTRUMINT--THIS INSTRUMINT SHOULO Il USIO IY LA~ffYIR$ ONLY. day of May :ninetee. hundred add eighty=eight ROBERT LENZNER and JEAN LENZNEH, his wife, both residing at 3925 So~nd View Ave, Mattituck, NY I~rt, and DIANE SMITH, residing ~t 16 Meadow Wood Lane, Brookville, NY OISTRICT SECTION I~tOCl( tot ' WI - . I/. I paid b~ lbe pat~ oJ tbe ~ond ~lt, d~s hereby 8tint and sel~ unto the pa~ty o~ the ~nd pitt, ~ heirs os socceuots and a~isns u[ ~he parly oJ lhe ~d ~t iose~e~ . . ALL thal certain plut, piece nr parcel ol land, whh die huildin~ and im~tove~nls Ihe~enn B~]~ZNQ ~ a p~pe se~ in :he aou~e8~e~ eo~e? o~ ~he p?em~sea he~e~ 8esa?~: s~d ~in: berg ~he~e ~he no~e~a~e~? ~e~nus o~ Avenue ts ~e~sec~ed ~ ~be 8~v~a~on ~e ~ean ~he ~em~sea ~ete~ ~d ~ no~ o~ ~o~e~ o~ Pete? ~ ~o~ Kon~aj R~ ~ence No?~h 25° ~91 10" ~ea~ ~ong a~d ~s~ mentioned ~v~a~on ~e~ 6~?.01 ~ee~ ao~e~ o~ ~e ?[gh~ o~ ~? he~e~e~ de8a?~d; ~enee ~u~h 25° 39~ 10" e~a~ 8eaa~ p?am~se8 ove~ ~e ~o~ow~g 8ese?~ p?em~aea. B~]~Q a~ a p~ se~ ~ ~he 8ou~wea~er~ co~e~ o~ ~e p~em~ses hete~ Avenue ~s ~e~aea~ ~ ~he d~v~s~on ~e ~een ~he ~am~aea he~e~ 8es~e~bed 52: 20" e~a~ 15~.92 ~ee~; ~enae Sou~h 25' 39~ ~0" e~a~ 5~.13 ~ee:j ~ence ~u~h ~ o~ p~ae o~ SUBJECT to covenants, restrictions, easements, reservations and agreements of record. BEING and intended to be part of the same premises conveyed to Robert Lenzner end Jean Lenzner, his wife, by deed dated 3/13/70 recorded 3/16/70 in Liber 6717 page 269. TOGETI'~R with all rlghq title and interest, if sn~', of the pail7 of Ihe first part in and to any streets and rnads abutting the above described premises to Ihe center lines thereof; TOGETHER with die appusten~ces and all the estate and sights of the pailT of thc first I~rt in ~d to said premises; TO HAVE AND TO HOLD psemisos herein granted unto the ~arty of the second patI, the heirs or successors and assigns of the party of the second l~St forever. AND the par~y of the ~'st part covenants that the l~m/of the first part has nol done or suffered anything whereby the said premises have been encumbesed in any way w~tevet, except as aforesaid. ~1~4D the p~ty of the first part in compl ante w th Section 13 of the Lien L~w, covenants that the pasty of the first pm will rece ye the ronsideratlon for this coove~ance and will hold the tight to receive such consideration as trust fund to be appliee first for the purpose of paying Iht cost of Ihe improvement and will apply the same first to the Faymen. t of th.e cost of lhe improvement befose u,?ng any l~rt of the total of Ihe same for any other put The wosd 'patty shall be construed as if il read patties" whenever the sense of this indemuse so IN WITNESS WHEREOF, Ihe part,/ of the first part has doly executed Hiis deed the day and year first above wtltten. REAl. ESTATE ~' "'" UN ~4 ~988 JULI~E A. KINSEL~ - // ' ' Clerk of Suff~ Coun~ ~ECLARATION THIS DECLARATION, made the ~J t has deemed it to be for the best interests of the Town of Southold and the Owners and prospective Owners of said parcels that the within covenants and restrictions be imposed .~ on said parcels, and as a condition of said approval said ?~Ptannlng Board has required that the within Declaration be recorded in the Suffolk County CLerk's Office, and WHEREAS, The Declarants have considered the foregoing and determined that the same will be for the best interests of the Declarants and subsequent Owners of said parcels. day of June, 1984 by ROBERT LENZNER and JEAN LENZNER, hereinafter referred to as the Declarants. ~°~vx~u~° /~_ ~ck~\~%. WHEREAS, the Declarants are the Owners of certain real property situate at Mattituck, Town of Southold, Suffolk County, New York, known and designated on the Suffolk County Tax Map as District ]000 Section 094 Block 03.00 Lot WHEREAS, the Declarants have made application to the Planning Board of the Town of Southold for approval to subdivide the said real property into four (4) parcels; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold 9579 NOW THEREFORE, the DeclarantS do hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth and that every purchaser of said premises or any portion thereof by the acceptance of a deed thereto covenants and agrees that the premises so purchased shall be held subject to the covenantS, conditions and restrictions hereinafter set forth. changed 1. No lot shall be subdivided or its in any manner at any future date unless the Town of Southold Planning Board. lot lines authorized by 2. No grading shall be permitted within 50 feet of the top edge of the bluff except that that may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Any clearing and cutting of vegetation within this area shall be limited to that necessary for maintenance. 3. No residential structure and sanitary disposal facility shall be constructed within 100 feet of the top edge of the bluff. 4. No stormwater runoff resulting from the development and improvements of the subdivision or any of its lots shall be discharged down the front of the bluff in any manner. suitable 5. Access to the beach shall only be by means of a structure designed and constructed in a manner that will result in the least disturbance of the stability of the bluff. Access sha~ only be a common structu~to be shared by both owners. 6. The right-of-way shall be offered for dedi- cation as a town road. 7. The wate~ quality on the subject premises at the time of the last sampling exceeded the drinking water standards established by the Suffolk County Department of Health Services and treatment may be required on individual wells on the subject premises. STATE OF NEW YORK CountyofSuffolk SS.: ' '- ~-~nture has~ been JUL;ETTE A. KINSELLA, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for sa' . ,, .... ..c. ~',%../-f.4,~/.T i~,u ~_n,e annexed enn~, ~,~ ,m ~.~ u, ~ecord) DO of such original the whole thereof. and TESTIMONY,,,-----vv~aHEOF, I have hereunto set m hand and affixed th~e I of said ~C Clerk. STATE OF NEW YORK) )ss.: COUNTY OF SUFFOLK) On the \~ day of June, 1984, before me personally came ROBERT LENZNER, to me known and known to me to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same. ~l. vl~ NOTARY PUBLJC. State of New N§: 4[4~0~20-Suttotk County / NOTARY PUB/L/i~C~L~c~ STATE OF NEW YORK) ) COUNTY OF SUFFOLK) SS.: On the /~ day of June, ~984, before me personally came JEAN LENZNER, to me known and known to me to be the individual described in and who executed the foregoing instrument and acknowledged that she executed the same. SYtVIA £LBAUm -/ N~ARY PUBLIC NOTARy PU~LJC, S~al~ of New York NO. 4J4~C~fO-Suttolk County ~ / . .... 2008 ~tLASER FICHE FORM SUBDIVISIONS Project Type: Minor Status: Incomplete SCTM #: 1000 - 94.-3-1.6 Proiect Name: Shur, Randy Location: off of Sound View Avenue, Mattituck. Hamlet: Mattituck Applicant Name: Randy Shur Owner Name: Shur, Randy Zone 1: Approval Date: PLAT Si,qned Date: OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: C and R's' Homeowners Association · R and M A,qreement: Address: County Filin,q Date: Zone 3: SCAN Date: SCAI'TNED MAR 16 2009 Records Management ~ $CAL£ RES / DENCE ~ ~ WELL ~ RESIDENCE ~ ~ WELL ~ ~ k SUFFOLK COUNTY TAX klAP D/STRICT SECTION BLOCK LOT I000 94 J I. 6 LANO NOk~ OR S 26'10'50'E N 2~'02 'IO'W ~, 506.27' ~, N 25'48'00'W NO SURFACE WATER WITHIN JO0' U.S.C. & G.S. DATUkl ® 9.(~14 AC. OUL T I VA TED F I EL O FORMERLY OF Z/MNOSKI ( DEED ) VACANT - OLD FIELD AREA 16.708 ACRES OF 2015.81' 575'+- 824.65' ( /A.'L 3.oo0 LAND NOW OR FORMERLY OF M/CHALECKO ( DEED SUR VE Y TOWN OF N 25'27'00'W CULTIVATED FIELD OF DESCR I BED PROPER TY A T MA TT I TUCK SOUTHOLD, SUFFOLK COUNTY. NEW YORK SUBD/VI~IOA/ * /VO~. Z~ 199~ SURVEYED AUGUST 9. 1995 SCALE · I' I00' $7~'~ ® 5.000 AC. 403.20 ' N 25'40 '00 'W I§EC /I 19 $OUTHOLD TOWN PLANNING BO,qRD II HARRY' f~ HILLEBRAND LAND SURVEYOR CHURCHILL LANE - S~¢1THTOWN. TEL. (516) 54J-51J9 NEW YORK