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HomeMy WebLinkAbout1000-59.-6-18.1, 19.1 & 19.2 ', TYP~'CAL ~PLOTI PLAN ~ ~ } · ~m t II ~HIS IS TO CERTIFY THAT THE PROPOSED REAL TY SUE~IVIZION UR I(~%~e~ J ~ / / ~ I ~ . ~ ' J DEVELOFMENT FOR ~ r~ tNOTTOSC~LE] ~ ~ ~ ~/Z~.~ ~ II" / .x/~g~c*,~ ~ ~ DULY FL'D ~IFH [HE COUNTY CLERK WlFH~ ONE YEAfl OF [HtSDAZE ~ ~]..'~" ~' I ~ ~ I ~ ~ RE-DIVISION o, **O,E,r~ ~ ~ ~ ~ ~'"~ ~1~ I ~d ALICE CURRIE I ~ ~ I. L, ;~ I ,..~ I~ , AT SOUTHOLD ~ ~ t I~ i~.C;~I ~ / ~ TOWN OF SOUTHOLD . ~ "'~" ~~~:-. ! ~,:, ~ ~ Scale: ~" = 30' II I ' ~ HEREBY CERTEY THAT T~ SUBDIVIS~N PLAT WAS MA~ g~O~ ~ ~ ~ ~ ACTUAL SURVEYS COMPLETED HllOlII , ~ ....... ,m~ m wA~R) ~ SHOWN THUS B ACTUALLY EXIST AN~.~S ARE CORRECTLY ZONNG OlS[RICT' R 40 ~0 :EBVE THE EXISTING ~[ OF THE BUILDINGS(SL LU I A A~EA-~,2~ ~ ~ TO ~E ~S ~~ LOT 'B' A~A-22,~7 S~. hI' TO ~E ~8 ANY ~L~R~nON ~ AOOln~ ~ ~iS ~ ~S ~ ~ ~ ~CnON 7209 ~ ~E ~EW ~K STA~ EOUCAn~ ~ ~R 2 7 ~ PECONIC SUR~Y~ P.C ~f~%'~/%f~°72~f~';~%~,%,~'"~ff~J~t$~~ '"' (~a,) PLANNING BOAHD MEMBERS DONALD J. WILCENSKI Cha/r WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 May 8, 2012 Mr. Robert Barratt, PE 4295 Vanston Road Cutchogue, NY 11935 Re; Negative Declaration and Final Approval: Proposed Lot Line Modification for Lawrence Currie Located at 8415 Soundview Avenue, Southold SCTM#1000-59-6-18.1, 19.1 & 19.2 Zoning District: R-40 Dear Mr. Barratt: The Southold Town Planning Board, at a meeting held on Monday, May 7, 2012, adopted the following resolutions: WHEREAS, on June 8, 2011, the agent, Robert Barratt, PE, submitted an application for a Lot Line Modification on behalf of the owner, Lawrence Currie, Jr.; and WHEREAS, this proposed Lot Line Modification transfers 0.67 acres from SCTM#1000- 59-6-19.2 to SCTM#1000-59-6-18.1 and SCTM#1000-59-6-19.1. SCTM#1000-59-6- 19.2 decreased in size from 0.67 acres to 0:00 acres; SCTM#1000-59-6-18.1 increased from 0.27 acres to 0.67 acres and SCTM#1000-59-6-19.1 increased from 0.24 acres to 0.51 acres; and WHEREAS, on July 11,2011, the Southold Town Planning Board accepted the application for review; and WHEREAS, on July 14, 2011, referrals were sent out to the Town Engineer, SoUthold Fire District, and the Town Board; and WHEREAS, on July 28, 2011, the Board of Fire Commissioners of the Southold Fire District reviewed the property and found that there is adequate fire protection; and WHEREAS, on September 9, 2011, the Office of the Town Engineer responded to the Planning Board's referral; and Lawrence Currie PaRe Two May 8, 2012 WHEREAS, on September 26, 2011, the Planning Board, at their Work Session, reviewed referral responses; and WHEREAS, on October 3, 2011, the Planning Board, at their Work Session, reviewed the Office of the Town Engineer's comments and the Lot Line/Health Department Policy and agreed that the above-referenced application is not eligible for the resolution adopted by the Southold Town Planning Board on February 14, 2011 and, because of this, the Suffolk County Department of Health Services approval is required; and WHEREAS, on October 6, 2011, the agent submitted 9 up-dated plats; and WHEREAS, at the January 9, 2012 Work Session, the Planning Board accepted the revised plats and agreed to set a public hearing; and WHEREAS, on January 11, 2012, a referral was sent to the Office of the Town Engineer; and WHEREAS, on January 25, 2012, the agent submitted a plat endorsed by the Suffolk County Department of Health Services and draft deeds; and WHEREAS, on February 2, 2012, the public hearing was held and closed; and WHEREAS, on February 13, 2012, the agent submitted revised draft deeds; and WHEREAS, on March 5, 2012, the Office of the Town Engineer responded to the referral sent by the Planning Department; and WHEREAS, at their March 12, 2012 Work Session, the Planning Board accepted the submitted draft deeds and the Office of the Town Engineer's comments which included a 25' vegetated buffer located southeast of the wetlands and two 4' wide paths, one for each lot that lead to Great Pond; and WHEREAS, on March 22, 2012, the applicant submitted the requested Covenants and Restrictions and a letter from the applicant regarding the 25' vegetated buffer; and WHEREAS, at the March 26, 2012 Work Session, the Planning Board reviewed the letter regarding the 25' vegetated buffer; and WHEREAS on March 27, 2012, the applicant submitted 4 copies of the revised survey; and WHEREAS, on April 23, 2012, the Planning Board reviewed and accepted the Covenants and Restrictions; and WHEREAS, on April 26, 2012, the Covenants and Restrictions Liber D00012691 and Page 425 were filed with the Suffolk County Clerk; and Lawrence Currie PaRe Three May 8,2012 WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56 Waivers of Certain Provisions, may waive certain elements of the subdivision review if in its judgment they are not requisite in the interest of the public health, safety and general welfare. After reviewing the information submitted for this application, the Planning Board has determined that it is eligible for a waiver of the ERSAP, the Primary and Secondary Conservation Area Plan, and the Sketch Plan and Preliminary Plat steps of the subdivision process for the following reasons: 1. No new lots are being created; 2. No changes will occur as a result of this Lot Line Change that would affect the character of the neighborhood; and WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, the Planning Board has determined that the proposed action meets all the necessary requirements of Town Code §240 for a Lot Line Modification; be it therefore, RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed Lot Line Modification and grants a Negative Declaration; and be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirements of {}240 to submit the ERSAP, Primary and Secondary Conservation Plans, Sketch Plan and Preliminary Plat steps; and be it further RESOLVED, that the Southold Town Planning Board grants Final Approval on the map entitled "Re-division of Property Alice Currie at Southold', dated November 14, 2011 and last revised March 27, 2012, prepared by John T. Metzger, Peconic Surveyors P.C., and authorizes the Chairman to endorse the map. Please submit a copy of the recorded deed to the Southold Town Planning Department within 62 days of the date of Final Approval, or such approval shall expire and be null and void. Enclosed is a copy of the map which has been endorsed by the Chairman. If you have any questions regarding the above, please contact this office. Donald J. ~{lilcenski Chairman Encl. cc: Assessors, Building Dept. PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. S]DOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant May 7, 2012 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Lot Line Change for Lawrence Currie SCTM#: SCTMs~1000-59-6-18.1, 19.1 & 19.2 Location: The property is located on Soundview Avenue, +/- 101.85 feet north east of Kenny's Road, in Southold. SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposed Lot Line Modification transfers 0.67 acres from SCTM#1000-59-6-19.2 to SCTM#1000-59-6-18.1 and SCTM#1000-59-6-19.1. SCTM#1000-59-6-19.2 decreased in size from 0.67 acres to 0.00 acres; SCTM#1000-59-6-18.1 increased from 0.27 acres to 0.67 acres, and SCTM#1000-59-6-19.1 increased from 0.24 acres to 0.51 acres. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Ne.qative Declaration PaRe Two May 7, 2012 The determination was based upon the following: This lot line modification is merging an existing parcel into two other existing parcels, creating two parcels where there were three. This is in keeping with the Town's Comprehensive Plan because it is eliminating a parcel and making the other two existing non-conforming lots larger. Therefore, the proposed application will have no bearing upon Article VI of the Suffolk County Sanitary Code and will therefore conform to Article VI of the Suffolk County Sanitary Code and will not be expected to adversely affect groundwater quality. 1. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. 2. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur as a result of this lot line change. 3. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. 4. The proposed action will not significantly impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. 5. No major change in the use of either the quantity or type of energy will occur. Each existing improved lot will continue to have only one pre-existing single family dwelling on each. 6. No creation of a hazard to human health will occur as a result of this lot line change. 7. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. 8. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Alyxandra Sabatino, Planner Address: Southold Town Planning Board Telephone Number: (631)765-1938 PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR PLANNING BOAR~ OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 July 10, 2012 Mr. Robert Barratt, PE 4295 Vanston Road Cutchogue, NY 11935 Re: Extension of the Required 62 Day Recorded Deed: Proposed Lot Line Modification for Lawrence Currie Located at 8415 Soundview Avenue, Southold SCTM#1000-59-6-18.1, 19.1 & 19.2 Zoning District: R-40 Dear Mr. Barratt: The Southold Town Planning Board, at a meeting held on Monday, July 9, 2012, adopted the following resolution: WHEREAS, this proposed Lot Line Modification transfers 0.67 acres from SCTM#1000- 59-6-19.2 to SCTM#1000-59-6-18.1 and SCTM#1000-59-6-19.1. SCTM#1000-59-6- 19.2 decreased in size from 0.67 acres to 0.00 acres; SCTM#1000-59-6-18.1 increased from 0.27 acres to 0.67 acres and SCTM#1000-59-6-19.1 increased from 0.24 acres to 0.51 acres; and WHEREAS, on May 8, 2012, the Southold Town Planning Board granted Final Approval on the map entitled "Re-division of Property Alice Currie at Southold", dated November 14, 2011 and last revised March 27, 2012, prepared by John T. Metzger, Peconic Surveyors P.C., and authorized the Chairman to endorse the map; and WHEREAS, the applicant was required to submit a copy of the recorded deed to the Southold Town Planning Department within 62 days of the date of Final Approval or such approval shall expire and be considered null and void; and WHEREAS, on July 5, 2012, the agent submitted a letter requesting an extension of ninety (90) days for the requirement of submitting recorded deeds to the Southold Town Planning Department; be it therefore Lawrence Currie PaRe Two July 10, 2012 RESOLVED, that the Southold Town Planning Board grants a Ninety (90) Day Extension of the requirement to submit a copy of the recorded deed to the Southold Town Planning Department within 62 days of the date of Final Approval. This extension is granted for 90 days from the date of this resolution. Please submit a copy of the recorded deed to the Southold Town Planning Department within 90 days of the date of this resolution or such approval shall expire and be considered null and void. If you have any questions regarding the above, please contact this office. Very truly yours, Chairman Submission Without a Cover Letter Sender: Date: j Comments: SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 6 Receipt Number : 12-0116246 TRANSFER TAX NUMBER: 12-05466 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 059.00 06.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 10/10/2012 09:42:07 AM D00012707 751 Lot: 018.001 Received the Following Fees For Above Exempt Instrument Page/Filing $30.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $7.50 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 12-05466 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $20.00 $15.00 $125.00 $0.00 $180.00 $0.oo $392.50 Exempt NO NO NO NO NO NO JUDITH A. PASCALE County Clerk, Suffolk County CC #: C12-39261 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOIJK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Cour[ of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on10/1012012 under Liber D00012707 and Page 751 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 10110/2012 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL THIS INDENTURE, made this eighth day of May in the year 2012 BETWEEN LAWRENCE WILLIAM CURRIE JR~ residing at 3090 Glascock SWeet, Unit 319, Oakland, CA 94601, as executor, of the last will and testamem of ALICE D. CURRIE, late of Suffolk County, New York, who died on the eighth day of March, in the year 2005 and at the time of her death was the sole owner of the lots known as SCTM#1000-59-6- ! 8.1 and 19.1, her spouse having pre-deceased her; and also as owner, of the lot described as SCTM# 1000-59-6-19.2, party of the first part, and LAWRENCE WILLIAM CURRIE JR, residing at 3090 Glascock Street, Unit 319, Oakland, Ca 94601, party of the second part, WITNESSETH, that whereas letters testamentary were issued to the party of the first part by the Surrogate's Court, Suffolk County, New York, on the Seventh day of December 2005 and by virtue of the power and authority given in and by said will and testament, and/or by Article 11 of the Estates, Powers and Trusts Law, does hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever. This deed is made without consideration since it is a gift between the parties of the first and second parts who are the same person. ALL that certain plots, pieces or parcels of land, with the buildings and improvemems thereon erected, situate, lying and being in the Village zu~d Town of Southold, County of Suffolk, and State of New York, bounded and described in schedules "A" and "B" and the survey #11-219 dated 3/27/12 prepared by Peconic Surveyors PC annexed as Exhibit A hereto: TOGETHER with all the same right, title and interest, if any, of the party of the first part of, in and to Great Pond and the lands under water of Great Pond lying northerly and adjacent to the premises herein before described; IOGETHER with all right, title and interest, if any, of the party of the first part in and to any sweets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the second part agrees to abide by the decision made by the Suffolk County Health Services on December 30t~ 2011, that the proposed development of two lots is EXEMPT from requirements pursuant Article 6 of the Suffolk County Sanitary Code Section 700-609B4; and any future proposals to make changes to the water supply and sewerage disposal facilities on each lot must conform to construction standards in effect at the time of construction and are subject to separate permits pursuant to these standards. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way, except as aforesaid. Being and intended to be the same premises conveyed by DOUGLAS J. CURRIE and LAWRENCE W. CURRIE to ALICE D. CURRIE by deeds dated November 19th, 1966 and November 14th, 1966 and recorded in the Suffolk County Clerk's Office in Liber 6079 at page 115 and page 117 respectively. 1N WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written Lawrence William Currie Jr, In the presence of STATE OF CALIFORNIA ) ss.: COUNTY OF ALAMEDA ) On the eighth day of May, 2012, before me, the undersigned, a notary public in and of said State, personally appeared one Lawrence W. Currie Jr. personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the men., the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public IRMA R. GLIDDEN COMM. #1845818 NOTARY PUBLIC CAUFORNIA A~MEDA COUNW IRMA R. GLIDDEN COMM. #1845818 '~ ~;~ My Comm. Expires A~3ri123, 20:3 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York, County of On the day of in the year undersigned, personally appeared SS¸: before me, the personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. State of New York, County of SS.: On the day of in the year before me, the undersigned, perso'nally appeared personally known to me or pro..ved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacities, and that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument. Notary Public (signature and office of individual taking acknowledgment) Notary Public (signature and office of individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS ,"4ADE OUTSIDE NEW YORK STATE State of California; County bf ss.: ~'~.~,¢¢¢'Y~¢~ On the ~ day of 4;~*~,in the year 201~before me, the undersigned, personally appeared ~,~,~))',~¢,O~* .... ~J'l ti |~,V1A ~,l, rrl(~,,~-; proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which ~e individual acted, e~ecuted the instrument and that such individual made such appea;rance bef0rethe undersigned in the C4:3t~ o.~-/~,lfYl, CJ::~ inthe State of california'. (insert th8 City' or other political subdivision) [4s'i~n'~ture and office of individual takin9 acknowledgment) ~~ ~ Notary Public [~'J~_-Z'~!~[-~ COMM. #1845818 ~ ~1 ~.~] ALAMEDA COUNTY ~ PROPERTY SCHEDULES The property described below in Schedules A and B is located in the Village and Town of Southold, County of Suffolk, State of New York and was described as SCTM# 1000-59- 06- lg.1, 19.1 and 19.2 before a Lot Line Modification was approved by the Southold Town Planning Board. SCHEDULE"A" DESCRIPTION OF PROPERTY BEGINNING at a monument on the northwesterly side of Soundview Avenue running a distance of 101.35fi to an iron pipe set at the point of curve of Soundview Avenue; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 96.5fi to a point of beginning; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 100.00 fi to a monument; RUNNING THENCE along the easterly side of land now or formerly ofD & E Daley, North 42degrees 42minutes 20seconds West 306.97fi to Great Pond; RUNNING THENCE in a general easterly direction along the shore of Great Pond 105.28 fi to the land also conveyed to Lawrence W. Currie Jr; RUNNING THENCE along the land of Lawrence W. Currie Jr. South 42degrees 09minutes 00seconds East a distance of 273.12fi, to the point or place of beginning. SCHEDULE "B" DESCRIPTION OF PROPERTY BEGINNING at a monument on the northwesterly side of Soundview Avenue and running a distance of 101.35fi to an iron pipe set at the point of curve of Soundview Avenue at the point of beginning; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 96.5 fi to a point; RUNNING THENCE along the easterly side of land also conveyed to Lawrence William Currie Jr, North 42degrees 09 minutes 00seconds West 273.12fi to Great Pond; RUNNING THENCE in a general easterly direction along the shoreline 45.03fi and 11.34fi and 21.29tt and 43.41fi to the land now or formerly of John Chamews; RUNNING THENCE along the lands of said John Charnews, South 42degrecs 09minutes 00seconds East a distance of 191.42fi to the point or place of beginning. EXHIBIT A Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument 3[ __ Page / Filing Fee ~ 0 20. 00 Handling 5. 00 TP-584 Notation EA-52 17 (County) LA-5217 (State) R.P.T.S.A. ') Comm. of Ed. Affidavit Certified Copy NYS Surcharge Other 15. 00 4 I Dist. Real Property Tax Service Agency Verification 8 6 Deed / Mortgage Tax Stamp FEES Sub Total __. __ Sub Total Grand Total q~._~ 5~>(~ 12011711 xooo o5~oo 0600 o~aoo~ /~ 1000 05900 0600 019001 (N DHO ~ 1000 05900 0600 019002 ~14-JUL-12/ Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Mail to: Judith A. Pascale, Su/folk County Clerk 310 Center Drive, Riverhead, NY 11901 www. suffolkcountyny, gov/clerk Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County.__ Held for Appointment. Transfer Tax ' { ~ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ .... g'J ..... ~>~-' :~ Improved Vacant Land TD TD 7 [ Title Company Information Co. Nome I Title # Suffolk County Recording & Endorsement Page This page forms part of the attached made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In thc TOWN of ·. ' In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Sabatino, Alyxandra K. From: Robert Barratt [robertbarratt@optonline.net] Sent: Thursday, July 05, 2012 11:04 AM To: Sabatino, Alyxandra K. Subject: Proposed Lot line Modification for Lawrence Currie Dear Ms. Sabatino, Mr Currie has contacted me from his residence in Oakland California to inform me that he has been in contact with the Suffolk County authorities in Riverhead; who have advised him that due to work load, etc. his new deed may not be approved for a further ten weeks and that he should contact them again in mid September if he has not heard from them by that time. In these circumstances, I must ask you to petition the board to grant him an extension to cover the anticipated delay. Respectfully submitted, R. Barratt PE for Mr. Lawrence Currie JtlL' 5 2012 7/5/2 012 Eur~Ing Robert Barratt PE CEng FIMech~ 4295 Vanston Road, Cutchogue, NY 11935 Tel 631 734 2730 Cell 631-875-0275 robertbarratt~optonline.net Town of Southold Planning Board Office . Attention: Alyxandra Sabat~no Delivered by hand 4/25/12 Subject: Minor Sub-division at 8415 and 8515 Soundview Ave, Southold, NY Dear Ms. Sabatino, Mr Currie and I were pleased to attend the April 23rd working session of the planning board where your Mr Ter[y presented the subject case. Following the working session decision to proceed, Mr Currie visited the Suffolk County Real Property center in Riverhead and filed the approved Declaration and Covenant in the County Clerk's office. It is our pleasure to forward an executed copy of the Declaration and Covenant for action at the May 7th 2012 public meeting. I look forward to seeing you at the meeting and if you have any questions in the meantime, please do not hesitate to email or call me. Sincerely, Robert Barratt PE Enclosures: Executed D &¢ Cc Mr Lawrence W Currie CC #: C12-16482 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on04124/2012 under Liber D00012691 and Page 425 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 0412412012 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 5 Receipt Number : 12-0046183 District: 1000 Recorded: At: Section: Block: 059.00 06.00 EXAMINED AND CHARGED AS LIBER: PAGE: FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $25.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $0.00 NO Notation Cert. Copies $5.20 NO RPT Fees Paid THIS PAGE IS APART OF THE INSTRUMENT THIS IS NOT A BILL 04/24/2012 09:28:47 AM D00012691 425 Lot: 018.001 Exempt $20.00 NO $15.00 NO $0.00 NO $180.00 NO $250.20 JUDITH A. PASCALE County Clerk, Suffolk County Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument 31 Page / Filing Fee (Q~ Handling 20. 00 Deed / Mortgage Tax Stamp FEES TP-584 Notation EA-52 17 (County) Sub Total EA-5217 (State) Comm. of Ed. 5. 00 Affidavit Certified Copy.) -~ O NYS Surcharge 15. 00 Other Sub Total Grand Total c 50. 0 4 I Dist. Real Property Tax Service Agency Verification 1000 05900 0600 018001 1000 05900 0600 019002 1000 05900 0600 019001 6 Satisfactions/DischargedReleases List Property Owners Mailing Address RECORD/& R,ETURN TO: RECORDED 20i2 flpr 24 09:28:47 JUDITH g. PflSC~LE CLERK OK SOFKOLK COUNTY L D0001269t P 425 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total SpecJAssit. or Spec./Add. __ TOT. MTG. TAX Dual Town __ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land Mail to: Judith A. Pascale, Suffolk County Clerk 8 310 Center Drive, Riverhead, NY 11901 www. suffolkcou ntyny, gov/clerk Suffolk This page forms part of the attached Title Information Title # Recordin & Endorsement (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. ; TO ~ In the TOWN of , O ,~---)0[~'~() I C-- In the VILLAGE or HAMLET of made by: BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Consult your lawyer before signing this document - this instrument should be used by lawyers only DECLARATION AND COVENANT SOUTHOLD TOWN PLANNING BOARD THIS DECLARATION made the ~,.,7 day of ~?;J~.2012 by Lawrence W. Currie JR. residing at 3090 Glascock St, Unit # 319,Oakland, CA 94601-2863, hereinafter referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate, in the Town of Southold, Suffolk County, New York more particularly bounded and described as set forth in Schedules A and B annexed hereto; and WHEREAS for and in consideration of the granting of the re-subdivision application for tax map parcel numbers 1000-59- 6-Lots 18.1, 19, and 19.2, entitled ~Re-Division of Property, Alice Curfie at Southold', and as a condition of granting said approval on the plan entitled 'Re-Division of Property, Alice Currie at Southold, Town of Southold, Suffolk County, NY' prepared by Peconic Surveyors P.C. Land Surveyors, dated March 27, 2012 (hereinafter referred to as the "Plan'), and as shown in Exhibit A annexed hereto, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit 1. Twenty-five (25) foot wide natural vegetated, non-fertilization buffer located south and southeast of the wetlands line as shown on the 'Plan.' The 25 foot buffer shall remain undisturbed in perpetuity except for permitted activities. Permitted activities within the buffer are limited to: Two four (4) foot wide walking paths, one path for Lot A and one for Lot B, as shown on the uPlan,' and subject to all approvals and permits necessary for cleadng a path near the wetlands and surface waters. · The removal of known exotic invasive weeds and invasive vines · Removal of dead and/or diseased trees that are hazardous to life or property, supplementing the buffer with plantings of native and drought tolerant species 2. Declarant grants the continuing right to the Town of Southold, any of its designated representatives or any owner of the property within the subdivision to enforce the conditions and restrictions and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding uPOn the Declarant, their heirs, executors, legal representatives, successors, assigns and transferees. 3. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or other pert or provision hereof other than the part so adjudged to be illegal, invalid, or unconstitutional. 4. The aforementioned restrictive covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by the injunctive relief or by any other remedy in equity or law. The failure of said agencies of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 5. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated mede a part hereof, as though fully set forth herein. That the within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns and upon all persons or entities claiming under them, and may not be annulled, waived, modified, tenminated, revoked or amended by subsequent owners of the property unless and until approved by a majority plus one of the Planning Board of the Town of Southoid or its successors, after a public meeting. IN WITNESS WHEREOF, the Declarant h~s hereu_.nto set its hand and seal the day, month and year above written. .~,/' Lawrence W. Currie Jr. On the .~ ~day of )~r0¥ I i, 2012, before me, the undersigned, a notary public in and of said State, personally appeared one Lawrence W. Currie Jr. personally known to me or proved to me on the basis of satisfactory evidence to bo the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. MELANIE DOROSKI NOTARY PUBLIC, State of New York No, 01D04634870 Qualified in Suffolk County ~0 Commission Expires September 30, PROPERTY SCHEDULES The property described below in Schedules A and B is located in the Town of Southold, County of Suffolk, State of New York and was described as SCTM~ 1000-59-06- 18.1, 19.1 and 19.2 before a Lot Line Modification was approved by the Southold Town Planning Board. SCHEDULE"A" DESCRIPTION OF PROPERTY BEGINNING at a monument on the northwesterly side of Soundview Avenue running a distance of 101.35ft to an iron pipe set at the point of curve of Soundview Avenue; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 96.5ft to a point of beginning; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 100.00 ft to a monument; RUNNING THENCE along the easterly side of land now or formerly of D & E Daley, North 42degrees 42minutes 20seconds West 306.97ft to Great Pond; RUNNING THENCE in a general easterly direction along the shore of Great Pond 105.28 ft to the land also conveyed to Lawrence W. Currie Jr; RUNNING THENCE along the land of Lawrence W. Currie Jr. South 42degrees 09minutes 00seconds East a distance of 273.12ft, to the point or place of beginning. SCHEDULE"B" DESCRIPTION OF PROPERTY BEGINNING at a monument on the northwesterly side of Soundview Avenue and running a distance of 101.35ft to an iron pipe set at the point of curve of Soundview Avenue at the point of beginning; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 96~5 ft to a point; RUNNING THENCE along the easterly side of land also conveyed to Lawrence William Currie Jr, North 42degrees 09 minutes 00seconds West 273.12ft to Great Pond; RUNNING THENCE in a general easterly direction along the shoreline 45.03ft and 11.34ft and 21.29ff and 43.41ft to the land now or formerly of John Chamews; RUNNING THENCE along the lands of said John Chamews, South 42degrees 09minutes 00seconds East a distance of 191.42ff to the point or place of beginning. EXHIBIT A RE-E~VI~X:)N OF PROPERTY ALIC~ CURRIE ATSOUT'rfOLD · TOWN OF S~JTHOLD SUFFOf. K COUNTY, H Y. Sc,~. ~' = 30'* WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, April 23, 2012 4:00 p.m. Southold Town Meeting Hall 4:00 p.m. Applications ' 'i 1000 Project name: ~;~/ i SCTM#. -59-6-18.1, 19.1 & i 19.2 Location: Soundview Avenue +/- 101 85' n/e/o Kennv's Road in Southo d Description: This proposed Lot Line Modification transfers 0.67 acres from SCTM1000-59-6-19.2 to SCTM1000-59-6-18.1 and SCTM1000-59-6- 19.1. SCTM1000-59-6-19.2 decreased in size from 0.67 acres to 0.00 acres; SCTM1000-59-6-18.1 increased from 0.27 acres to 0.67 acres, and SC_..T_.U100~0-_59-__6_-_1.._9:]_]n~c~e~..s_e_d...f_[(~_m_0_:2~4___a.~_r.e_s to 0.51 acres. _. S__t~'~.u..~:' .............................. _P_ e__n.d_i_n_g~_ - Action: Review draftC& Rs. Location: [ 40200 SR 25 Odent ~ wireless facili~ having internally mounted antennas at 67' and 57' for ~ New Cingular Wireless along with related base equipment on a 400 s.f. ~ area. The site includes an existing restaurant and boat marina on 4.7 I acres in the M-II Zonin~ District. Status: ~ Pendin~ Location: ~ equipment area on an existing utility pole. The antennas are located ~ mounted on the e~erior of the pole at a height of 84' and lo.ted on an 8.3-acre site in the LB Zon n District. ] New Appli~tion i proje~t....~..arae.; .......... ~D~..~ of Nature, LLC i SCTM#: i 1000-84-1-10.4 Location: 23423 CR 48, Cutchogue 37,183 sq. ft. glass greenhouse structure and two (2) new office trailers ~ 720 so ft each on a 5 8-acre arce n the A-C Zon n D stdct Status: Pendino Attachments I Staff Re~ort Page 1 of 1 Sabatino, Alyxandra K. " ~ Froml Robert Bar'att ~[;~r~b~;~;-ti@(~Pt(~nlln; net] ~ Sent: Friday, April 13, 2012 8:04 AM {/ To: Sabatino, Alyxandra K. Subject: CURRIE REVISED DECLARATION AND COVANANT 041212 Attachments: 14 Declaration and Covenant 041212.docx Aly, Please accept my apologies for any delay, Please find attached, the revised D&C as we discussed. Bob 4/13/2012 Consult your lawyer before signing this document - this instrument should be used by lawyers only DECLARATION AND COVENANT SOUTHOLD TOWN PLANNING BOARD THIS DECLARATION made the day of ,2012 by Lawrence W. Currie JR. residing at 3090 Glascock St, Unit # 319,Oakland, CA 94601-2863, hereinafter referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate, in the Town of Southold, Suffolk County, New York more particularly bounded and described as set forth in Schedules A and B annexed hereto; and WHEREAS for and in consideration of the granting of the re-subdivision application for tax map parcel numbers 1000-59- 6-Lots 18.1, 19, and 19.2, entitled "Re-Division of Property, Alice Currie at Southold", and as a condition of granting said approval on the plan entitled "Re-Division of Property, Alice Currie at Southold, Town of Southold, Suffolk County, NY" prepared by Peconic Surveyors P.C. Land Surveyors, dated March 27, 2012 (hereinafter referred to as the "Plan"), and as shown in Exhibit A annexed hereto, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said pamel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit 1. Twenty-five (25) foot wide natural vegetated, non-fertilization buffer located south and southeast of the wetlands line as shown on the "Plan." The 25 foot buffer shall remain undisturbed in perpetuity except for permitted activities. Permitted activities within the buffer are limited to: · Two four (4) foot wide walking paths, one path for Lot A and one for Lot B, as shown on the "Plan," and subject to all approvals and permits necessary for clearing a path near the wetlands and surface waters. · The removal of known exotic invasive weeds and invasive vines · Removal of dead and/or diseased trees that are hazardous to life or property, supplementing the buffer with plantings of native and drought tolerant species 2. Declarant grants the continuing right to the Town of Southold, any of its designated representatives or any owner of the property within the subdivision to enforce the conditions and restrictions and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon the Declarant, their heirs, executors, legal representatives, successors, assigns and transferees. 3. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or other part or provision hereof other than the part so adjudged to be illegal, invalid, or unconstitutional. 4. The aforementioned restrictive covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by the injunctive relief or by any other remedy in equity or law. The failure of said agencies of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 5. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated made a part hereof, as though fully set forth herein. That the within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns and upon all persons or entities claiming under them, and may not be annulled, waived, modified, terminated, revoked or amended by subsequent owners of the property unless and until approved by a majority plus one of the Planning Board of the Town of Southold or its successors, after a public meeting. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day, month and year above written. Lawrence W. Currie Jr. STATE OF COUNTY OF ss: On the day of ,2012, before me, the undersigned, a notary public in and of said State, personally appeared one Lawrence W. Currie Jr. personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. SCHEDULE"A" DESCRIPTION OF PROPERTY BEGINNING at a monument on the northwesterly side of Soundview Avenue running a distance of 101.35ft to an iron pipe set at the point of curve of Soundview Avenue; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 96.5ft to a point of beginning; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 100.00 ft to a monument; RUNNING THENCE along the easterly side of land now or formerly of D & E Daley, North 42degrees 42minutes 20seconds West 306.97ft to Great Pond; RUNNING THENCE in a general easterly direction along the shore of Great Pond 105.28 ft to the land also conveyed to Lawrence W. Currie Jr; RUNNING THENCE along the land of Lawrence W. Currie Jr. South 42degrees 09minutes 00seconds East a distance of 273.12ft, to the point or place of beginning. SCHEDULE"B" DESCRIPTION OF PROPERTY BEGINNING at a monument on the northwesterly side of Soundview Avenue and running a distance of 101.35ft to an iron pipe set at the point of curve of Soundview Avenue at the point of beginning; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 96.5 ft to a point; RUNNING THENCE along the easterly side of land also conveyed to Lawrence William Currie Jr, North 42degrees 09 minutes 00seconds West 273.12ft to Great Pond; RUNNING THENCE in a general easterly direction along the shoreline 45.03ft and 11.34ft and 21.29ft and 43.41ft to the land now or formerly of John Charnews; RUNNING THENCE along the lands of said John Charnews, South 42degrees 09minutes 00seconds East a distance of 191,42ft to the point or place of beginning. PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREME]RS KENNETH L. EDWARDS JAMES II. RICII III lV[ARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 April 5, 2012 Mr. Robert Barratt 4295 Vanston Road Cutchogue, NY 11935 Re: Proposed Lot Line Change for Lawrence Currie Located at 8415 & 8515 Soundview Avenue, Southold SCTM#1000-59-6-18.1, 19.1 & 19.2 Zoning District: R-40 Dear Mr. Barratt: We have reviewed the Covenants and Restrictions submitted on March 29, 2012 and request that the following changes be made. Once the following changes are made, please submit the revised Covenants and Restrictions to the Planning Department before April 18, 2012 so this item can be placed on the April 23, 2012 Work Session. 1. Revise the second WHEREAS clause to read as follows: "VVHEREAS for and in consideration of the granting of the re- subdivision application for tax map pamel numbers 1000-59- 6-Lots 18.1, 19, and 19.2, entitled "Re-Division of Property, ^lice Currie at Southold', and as a condition of granting said approval on the plan entitled "Re-Division of Property, Alice Currie at Southold, Town of Southold, Suffolk County, NY" prepared by Peconic Surveyors P.C. Land Surveyors, dated March 27, 2012 (hereinafter referred to as the "Plan"), and as shown in Exhibit A annexed hereto, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and 2. Revise the second WHEREAS clause to read as follows: "Twenty-five (25) foot wide natural vegetated, non-fertilization buffer located south and southeast of the wetlands line as shown on the "Plan." The 25 foot buffer shall remain undisturbed in perpetuity except for permitted activities. Permitted activities within the buffer are limited to: Currie PaRe Two Apri. 5, 2012 ~i. Two four (4) foot wide walking paths, one path for Lot A and one for Lot B, as shown on the "Plan," and subject to all approvals and permits necessary for clearing a path near the wetlands and surface waters." ~ The removal of known exotic invasive weeds and invasive vines. Jill. Removal of dead and/or diseased trees that are hazardous to life or property, supplementing the buffer with plantings of native and drought tolerant species. 3. Please remove clause 3. 4. Please add a clause that states "There shall be no further subdivision of Lot A and Lot B in perpetuity." 5. Attach revised plan (enclosed) to the Covenants and Restrictions and title it Exhibit A. If you have any questions, please do not hesitate to contact this office. Very truly yours, Alyxandra Sabatino Planner Encl.: Revised survey RE-DIVISiON OF PROPERTY ALICE. CURR~g AT S~,JTHOLD · TOWNOF SOUTHOLD SUFFOLK COUNTY. NY. Sca~. 1" = 30' Nov. 14 20!1 11-219 Page 1 of 1 From: Sent: To: Subject: Robert Barratt [robertbarratt@optonline.net] Friday, March 30, 2012 12:33 PM Sabatino, Alyxandra K. Currie minor lot line modification Attachments: Survey referanced in Currie documents.pdf Aly, Please find attached the survey as promised. Bob APR -2 ~ 3/30/2012 RE-DIVISION OF PROPERTY ALICE GUA'RIE A T S<~u'THOLD ' TOWN OF SOUTHOLD SUFFCY~.K COUNTY, Sca~. l" : 30' Submission Without a Cover Letter Sender: SCTM#: 1000- Date: Comments: Cv-~o,c,q ~e Ifl.~, Consult your lawyer before signing this document- this instrument should be used by lawyers only DECLARATION AND COVENANT SOUTHOLD TOWN PLANNING BOARD THIS DECLARATION made the day of ,2012 by Lawrence W. Currie JR. residing at 3090 Glascock St, Unit # 319, Oakland, CA 94601-2863, hereinafter referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate, in the Town of Southold, Suffolk County, New York more particularly bounded and described as set forth in Schedules A and B annexed hereto; and WHEREAS, for and in consideration of the granting of a subdivision application entitled "Re- Division of Property, Alice Currie at Southold, Town of Southold, Suffolk County, NY" prepared by Peconic Surveyors P. C. Land Surveyors, dated March 27, 2012 (hereinafter referred to as the "Survey") and as a condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit 1. Twenty-five (25) foot wide natural non-disturbance, non-fertilization buffer located southeast of the wetlands line with the ability to have two four (4) foot wide walking paths, one path for lot A and one for lot B, as shown on the Survey. The 25ft buffer shall remain undisturbed in perpetuity except for permitted activities. Permitted activities within the buffer are limited, to the removal of known exotic invasive weeds and invasive vines, removal of dead and/or diseased trees that are hazardous to life or property, supplementing the buffer with plantings of native and drought tolerant species; and the introduction of the herein mentioned walking paths subject to all approvals and permits necessary for clearing a path near wetlands and surface waters. 2. Declarant grants the continuing right to the Town of Southold, any of its designated representatives or any owner of the property within the subdivision to enforce the conditions and restrictions and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon the Declarant, their heirs, executors, legal representatives, successors, assigns and transferees. 3. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, his successors and assigns, and upon all persons or entities claiming under them, and may be terminated, evoked or amended by the owner of the property only with the written consent of the Town of Southold Planning Board granted by a majority vote plus one following a public hearing. 4. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or other part or provision hereof other than the part so adjudged to be illegal, invalid, or unconstitutional. 5. The aforementioned restrictive covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by the injunctive relief or by any other remedy in equity or law. The failure of said agencies of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 6. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated made a part hereof, as though fully set forth herein. That the within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns and upon all persons or entities claiming under them, and may not be annulled, waived, modified, terminated, revoked or amended by subsequent owners of the property unless and until approved by a majority plus one of the Planning Board of the Town of Southold or its successors, after a public meeting. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day, month and year above written. Lawrence W. Currie Jr. STATE OF COUNTY OF ss: On the day of_ ,2012, before me, the undersigned, a notary public in and of said State, personally appeared one Lawrence W. Currie Jr. personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. SCHEDULE "A" DESCRIPTION OF PROPERTY BEGINNING at a monument on the northwesterly side of Soundview Avenue running a distance of 101.35fl to an iron pipe set at the point of curve of Soundview Avenue; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 96.5fl to a point of beginning; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 100.00 fl to a monument; RUNNING THENCE along the easterly side of land now or formerly ofD & E Daley, North 42degrees 42minutes 20seconds West 306.97fl to Great Pond; RUNNING THENCE in a general easterly direction along the shore of Great Pond 105.28 fl to the land also conveyed to Lawrence W. Currie Jr; RUNNING THENCE along the land of Lawrence W. Currie Jr. South 42degrees 09minutes 00seconds East a distance of 273.12fl, to the point or place of beginning. SCHEDULE"B" DESCRIPTION OF PROPERTY BEGINNING at a monument on the northwesterly side of Soundview Avenue and running a distance of 101.35f~ to an iron pipe set at the point of curve of Soundview Avenue at the point of beginning; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 96.5 fl. to a point; RUNNING THENCE along the easterly side of land also conveyed to Lawrence William Currie Jr, North 42degrees 09 minutes 00seconds West 273.12ft to Great Pond; RUNNING THENCE in a general easterly direction along the shoreline 45.03fl and 11.34ft and 21.29fl and 43.41 ft to the land now or formerly of John Chamews; RUNNING THENCE along the lands of said John Chamews, South 42degrees 09minutes 00seconds East a distance of 191.42fl to the point or place of beginning. Submission Without a Cover Letter SCTM#:1000- gq- 6:,-- t 5g.t , Iq- I · I q.~. Date: ~]~'7 /1'~- Comments: MAR 2 7 2012 ~WORK SESSION AGENDA S~I'HOLD TOWN PLANNING BOAF~ Monday, March 26, 2012 4:00 p.m. Southold Town Meeting Hall Applications: Project name: ~.K. Alpha, LLC Shopping Ctr. I SCTM#:. 1000-140-2-20 "5~-S-(~il~i-o-~ ...................... ¥t~i~'-~ p I a n~-'¥~ ~-t~ ~r-(~'~d--(~-r~"~-~t~'~)-~- '~ ~Y~'~ ~ building consisting of ~o store fronts for a 1,100 s.f. retail store and 1,375 s.f. restaurant. There is an existing 605 s.f. building proposed to be removed on an 11,561 s.f. parcel Io~ted on the no~h side of Pike Street, approximately 100 feet east of Love Lane, in the Hamlet Business Zoni~tzi~j~ Status: Pending_ Action: Review revised site p~an._ AEachments: .~taff Repo~ ............................................................. Project name: 1000-59-6-18.1, 19.1 & : 19.2 Location: Soundview Avenue, +/- 101.85 feet north east of Kenny's Road, in Southold Description: This proposed Lot Line Modification transfers 0.67 acres from ;CTM#1000-59-6-19.2 to SCTM#s 1000-59-6-18.1 and 19.1, eliminating ................................................. ~....l___9_._2_a_nd in_c/e__asi__n_g_t?~_~_p~r_e~_m.a_!.n_!_n_g_.!._ot_s~b~y_a_p~_r_o._x.:..~.:~ a__c_r~es_:. ................. .................................... .......................................................................................... __A_c.~!0_n ..'- ........................ __R e _vj__e.._w._.!._e..~_e._!~.. ~_r_.o__~....a_ g_.e_..n...'~:- .._A~.a_c ~ r~_ .e..~ t_ § -'~ ............... L~et t_e_r_ f.~ m___A g e n_t___s~_.a_ff..F~.P.?.~ ..................................... Location: _1 _3_2_0_0_ _R_o_u t ~e 25~,_M_a_t t i t ~u__c_ L Description: This proposed site plan is to convert an existing 2,187 s.f. single family dwelling to three apartment units at 850 s.f., 850 s.f. and 486 s.f. Seven · parking stalls are proposed at 13200 NYS Rt. 25, Mattituck, in the HB ............................... _z_o_.n_ Dj?_t_r i_c_t: Status; ............... _N_e__w__A_pp_l_i._ca_t!on __A_c_.t.i_o_..n_.' ......................... ~._~.e__vie_w_._~9 r Attachments: Locat on' 1375 Ackerly_Pond Lane, Southold Description: This site plan is for the proposed construction of a 5,200 s.f. home barn connecting to a 14,400 s.f. indoor arena for the keeping/breeding/raising and training of homes and a riding academy with 10 parking spaces. Also on the property are a 1,140 s.f. single-family dwelling, a 1,965 s.f. frame ~ ~_n_~ n d _~. ~)_0.. _~:.~:..f ?.~ ~ ..~ ..Uj.!..d_i.~.g.: Status: Pending A_c_tjo_n._; ......................... ~ $ t_a_t u_s_U.P_ _- d_a _t_e_. Submission Without a Cover Letter Sender: Subject: SCTM#: Date: ICl.I, Iq.?_ Comlnents: Eu~l~ng Robert Barratt PE CEng FIMec~ 4295 Vanston Road, Cutchogue, NY 11935 Tel 631 734 2730 Cell 631-875-0275 robertbarratt(dloptonline.net Town of Southold Planning Board Office Attention: Alyxandra Sabatino By email Subject: 8415 and 8515 Soundview Ave, Southold, NY Dear Ms. Sabatino, Thank you so much for your letter dated March 14th, 2012 and the attached sample D & C. I have had an opportunity to discuss same with my client and it is now my pleasure to submit our draft of the site specific Declaration and Covenant for the subject property. As you know the Currie family has owned these properties since the middle of the last century. The family accumulated many happy memories while spending summers in Southold which my client clearly cherishes. Accordingly he feels strongly, that since the properties have successfully endured the passage of time over many decades, they should be subject to the least possible disturbance as a result of the proposed lot line change. In memory of his deceased parents and his future retirement plans, he pleads that the Planning Board proceeds with this change to the least detriment of his lifetime of memories. Sincerely, Robert Barratt PE Enclosures: Draft D &C c.c. Mr Lawrence W, Currie Consult your lawyer before signing this document - this instrument should be used by lawyers only DECLARATION AND COVENANT SOUTHOLD TOWN PLANNING BOARD THIS DECLARATION made the day of ,2012 by Lawrence W. Currie JR. residing at 3090 Glascock St, Unit # 319, Oakland, CA 94601-2863, hereinafter referred to as the Declarant, states as follows: WHEREAS, Declarant is the owner of certain real property situate, in the Town of $outhold, Suffolk County, New York more particularly bounded and described as set forth in Schedules A and B annexed hereto; and WHEREAS, for and in consideration of the granting of a subdivision application entitled "Re- Division of Property, Alice Currie at Southold, Town of Southold, Suffolk County, NY" prej~ared by Peconic Surveyors P. C. Land Surveyors, dated__ (hereinafter Filed Map 1 anc~ ¢\~c~.~ condition of granting said approval, the Town of Southold Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, Declarant has considered the foregoing and determined that same will be in the best interest of the Declarant and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARANT WITNESSETH: That Declarant, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the said premises herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit 1. Twenty-five (25) foot wide natural non-disturbance, non-fertilization buffer located southeast of the wetlands line with the ability to have two fo~ '~' =,*~t wide walking paths, one path for each lot, as shown on the Filed Map. The 2_~f? t~. ,r shall remain undisturbed in perpetuity except for permitted activities. Per~:i~ ~_:ivities within the buffer are limited, to the removal of known exotic invasive weeds and invasive vines, removal of dead and/or diseased trees that are hazardous to life or property, supplementing the buffer with plantings of native and drought tolerant species; and the introduction of the herein mentioned walking paths subject to all approvals and permits necessary for clearing a path near wetlands and surface waters. 2. Declarant grants the continuing right to the Town of Southold, any of its designated representatives or any owner of the property within the subdivision to enforce the conditions and restrictions and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon the Declarant, their heirs, executors, legal representatives, successors, assigns and transferees. 3. These covenants and restrictions shall run with the land and shall be binding upon the Declarant, his successors and assigns, and upon all persons or entities claiming under them, and may be terminated, evoked or amended by the owner of the property only with the written consent of the Town of Southold Planning 8oard granted by a majority vote plus one following a public hearing. 4. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or other part or provision hereof other than the part so adjudged to be illegal, invalid, or unconstitutional. 5. The aforementioned restrictive covenants are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by the injunctive relief or by any other remedy in equity or law. The failure of said agencies of the Town of Southold to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 6. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated made a part hereof, as though fully set forth herein. That the within Declaration shall run with the land and shall be binding upon the Declarant and his successors and assigns and upon all persons or entities claiming under them, and may not be annulled, waived, modified, terminated, revoked or amended by subsequent owners of the property unless and until approved by a majority plus one of the Planning 8oard of the Town of Southold or its successors, after a public meeting. IN WITNESS WHEREOF, the Declarant has hereunto set its hand and seal the day, month and year above written. Lawrence W. Currie Jr. STATE OF COUNTY OF ss: On the__ day of~ ,2012, before me, the undersigned, a notary public in and of said State, personally appeared one Lawrence W. Currie Jr. personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. SCHEDULE"A" DESCRIPTION OF PROPERTY BEGINNING at a monument on the northwesterly side of Soundview Avenue running a distance of 101.35t't to an iron pipe set at the point of curve of Soundview Avenue; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 96.5ft to a point of beginning; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 100.00 ft to a monument; RUNNING THENCE along the easterly side of land now or formerly ofD & E Daley, North 42degrees 42minntes 20seconds West 306.97ft to Great Pond; RUNNING THENCE in a general easterly direction along the shore of Great Pond 105.28 ft to the land also conveyed to Lawrence W. Currie Jr; RUNNING THENCE along the land of Lawrence W. Currie Jr. South 42degrees 09minutes 00seconds East a distance of 273.12ft, to the point or place of beginning. SCHEDULE"B" DESCRIPTION OF PROPERTY BEGINNING at a monument on the northwesterly side of Soundview Avenue and running a distance of 101.35fi to an iron pipe set at the point of curve of Soundview Avenue at the point of beginning; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 96.5 ft to a point; RUNNING THENCE along the easterly side of land also conveyed to Lawrence William Currie Jr, North 42degrees 09 minutes 00seconds West 273.12fi to Great Pond; RUNNING THENCE in a general easterly direction along the shoreline 45.03ft and 11.34ft and 21.29ft and 43.41 ft to the land now or formerly of John Chamews; RUNNING THENCE along the lands of said John Chamews, South 42degrees 09minutes 00seconds East a distance of 191.42ft to the point or place of beginning. PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMEBS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 March 14, 2012 Mr. Robert Barratt 4295 Vanston Road Cutchogue, NY 11935 Re: Proposed Lot Line Change for Lawrence Currie Located at 8415 & 8515 Soundview Avenue, Southold SCTM#1000-59-6-18.1, 19.1 & 19.2 Zoning District: R-40 Dear Mr. Barratt: The Planning Board has reviewed the application referenced above at their March 12, 2012 Work Session where they accepted the submitted draft deeds and the Town Engineer's comments. Please submit a Covenant and Restriction (sample enclosed) describing the 25' wide natural non-disturbance buffer located southeast of the wetlands line with the ability to have two 4' wide walking paths, one path for each lot, that lead to Great Pond subject to all necessary approvals and permits necessary for clearing a path near wetlands and surface waters. The Planning Board also requests that a revised plat be drafted that illustrates the required non-disturbance buffer and the walking paths. If you have any questions, please do not hesitate to contact this office. Very truly yours, Alyxandra Sabatino Planner Encl.: Sample Declaration and Covenant WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, March 12, 2012 2:30 p.m. Executive Board Room, Town Hall Annex 2:30 p.m. Applications Location: West side of Cox Lane, approximately 500 feet south of Oregon Road, Description: This site plan is for the construction of a 6,000 SCl. ft. addition to an existing 1,263 sCl, ft, building having a total of 7,283 sCl. ft. of building to be used as a contractor's yard on a 1 acre parcel in the Light Industrial S~atusl hPend!ng . Action: Review comments from referrals. [Attachments: ....... S~ff..ReP0r~ building consisting of two store fronts for a 1,100 s.f. retail store and 1,375 s.f. restaurant. There is an existing 605 s.f. building proposed to be removed on an 11,561 s.f. parcel located on the north side of Pike , Street, approximately 100 feet east of Love Lane, in the Hamlet Business Status: i Pending Acbon: Rewew ARC comments. · L0C~!(~ !~(~a~..a~..Pa.[adise P0_!nt. !~oad .S0uth0!d Description: This proposal is to transfer 48,211 s.f. from SCTM#1000-81-3-25.1 to SCTM#1000-81-3-26. As a result, Lot 25.1 will decrease from 135,332 s.f. to 87,120 s.f. and Lot 26 will increase from 94,446 s.f to 142,657 s.f ~ in the R-80 Zoning District· ' Action: [ Review draft deeds. Attachments: i Staff RePort;....D.[aft..D~ds~ Location: i Soundview Avenue, +/- 101.85 feet north east of Kenny's Road, in ' Southold Description: This proposed Lot Line Modification transfers 0.67 acres from SCTM#1000-59-6-19.2 to SCTM#s 1000-59-6-18.1 and 19.1, eliminating Status: Attachments' Staff Re crt; Draft Deeds SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax, (631)-765-9015 JAMES A. RICHTER, R ENGINEER TOWN OF SOUTHOLD, NEW YORK ! 1971 Tel. (631) -765 - 1560 JAMIE.RICHTER~TOWN.SOUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Donald J. Wilcenski Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 March 5, 2012 Re: Laurence Currie Lot Line Modification SCTM #: 1000 - 59 - 6 - 18.1, 19.1 & 19.2 Dear Mr. Wilcenski: As per a request from your office, I have reviewed the Site Plan, dated 10/18/11 for the proposed lot line modification for three residential properties noted above. Please consider the following: This proposed lot line change will not result in any land disturbance activities at this location. Please keep in mind that Great Pond is considered an impaired Waterbody by the Suffolk County Health Department. Therefore, as my last report recommended, this site be required to meet the minimum requirements for compliance with Town Code Chapter 236 for Storm Water Management. The applicant has revised the site plan to indicate what appears to be a twenty five (25') foot wide Buffer area located immediately in front of the Wetlands line which is located on the northerly portion of the site. This proposed buffer area will improve the water quality of stormwater generated by the site and may reduce the volume of runoff that could make its way to Great Pond. It is recommended that this buffer area be formally described as a permanent covenant & restriction for these lots. In addition, a narrative of the buffer area, including the type of vegetation and maintenance requirements should be described in a C&R and this C&R should then be filed with the County Clerks Office in perpetuity. While the two lots proposed by this subdivision will still be considered non-conforming, the issues creating the non-conformity will be reduced significantly with this subdivision by combining three lots into two. Therefore, this subdivision appears to meet the general provisions of Town Code. If you have any questions regarding this review, please contact my office. cc: Board of Trustees Since_rely, E~ur lng Robert Barratt PE CEng FIMec~E 4295 Vanston Road, Cutchogue, NY 11935 Tel 631-734-2734 robertbarratt(-~optonline.net Southold Town Planning Board PO Box 1179 Southold, NY 11971 Attention: ^lyxandm. Sabatino, Planner 02/12/12 Reference: Your letter dated 01/11/12 Subject: Proposed Lot line change for Lawrence Currie 8415 and 8515 Soundview Ave, Southold SCTM#'s: 1000-59-6-18.1, 19.1 and 19.2 Dear Ms. Sabatino, Please find enclosed a copy of the revised draft deed incorporating the changes you requested at our meeting of Febl0th, 2012 I look forward to hearing from you Robert Barratt PE Enclosures, Revised draft deed (5 pages in total) Consult your lawyer before signing this instrument - this instrument should be used by lawyers only THIS INDENTURE, made this day of in the year 2012 BETVqEEN LAWRENCE WILLIAM CURRIE JR, residing at 3090 Glascock Street, Unit 3090, Oakland, Ca 94601, as executor, of the last will and testament of ALICE D. CURRIE, late of Suffolk County, New York, who died on the eighth day of March, in the year 2005 and at the time of her death was the sole owner of the lots known as SCTM#1000-59-6-18.1 and 19.1, her spouse having pre-deceased her and as owner, of the lot described as SCTM# 1000-59-6-19.2; party of the first part, and LAWRENCE WILLIAM CURRIE JR, residing at 3090 Glascock Street, Unit 3090, Oakland, Ca 94601, party of the second part, WITNESSETH, that whereas letters testamentary were issued to the party of the first part by the Surrogate's Court, Suffolk County, New York, on the Seventh day of December 2005 and by virtue of the power and authority given in and by said will and testament, and/or by Article 11 of the Estates, Powers and Trusts Law, does hereby grant and release unto the party of the second part, the dislributees or successors and assigns of the party of the second part forever. All that certain plots, pieces or parcels of land, with the buildings and improvements thereon erected, situate, lying and being in the Village and Town of Southold, County of Suffolk, and State of New York, bounded and described in Schedule A annexed hereto. BEING AND INTENDED TO BE the same premises conveyed by the three deeds recorded in the Suffolk County Clerk's Office on Liber 10054 page 186, Liber 9828 page 318 and Liber 9828 page 320 respectively. This deed is made without consideration and constitutes a git~ between the parties. The Southold Town Planning Board approved the lot line modification being implemented by the recording of this deed by resolution adopted on ..... 2012. By accepting this deed, the party of the second part acknowledges and agrees that the premises conveyed hereby shall merge and become two single and separate improved waterfront buildable lots as shown on an excerpt from the lot line change map approved by the Southold Town Planning Board depicting the authorized land transfer and set forth on Schedule B annexed hereto. TOGETHER with all the same right, title and interest, if any, of the party of the first part of, in and to Great Pond and the lands under water of Great Pond lying northerly and adjacent to the premises herein before described; TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way, except as aforesaid. IN VOTNESS VOtEREOF, the party of the first part has duly executed this deed the day and year first above written Lawrence William Currie Jr, Inthepresence of TO BE USED O~IIY WHEN THE ACKNOWLEDGMENT IS MAD~ NEW YORK STATE State of New York, County of ss.: State of New York, County of ss.: On the day of in the year before me, the On the day of in the year undersigned, personally appeared before me, the undersigned, personally appeared personally known to me or proved to me on the basis of personally known-to me or pro?ed to me on the basis Of satisfactory evidence ~o be the individuals whose names are satisfactory evidence to be the individuals 'Whose names are subscribed to the within instrument and acknowledged to me that subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacities, and he/She/they executed the saCne ih his/her/their capacities, and that by their signatures on the instrument, the individuals, or the that by their signatures on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the person upon behalf of which the individuals acted, executed the instrument, instrument. Notary Public (signature and office of individual taking acknowledgment) Notary Public (signature and office of in'dividual taking aCknOWledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE oUTSIDE NEW YORK STATE State of California; County Of ss.: On the day of October in the year 201 before me, the undersigned, personally appeared personally known to me or proved to me on the basis Of satisfactory evidence to be the individual wl~ose name is sUbs'cdtJed to the wi[bin instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the nd v dual, or the person upon behalf of which the individual acted, executed the nstrument and that such individual made such appearrance before the undersigned in the in the Stat~ Of California: (insert the City or other political subdivision) (sighature and office of individual taking acknowledgment) NotarY Public SCHEDULE "A" TO DEED Party of the first part: LAWRENCE WILLIAM CURRIE JR Party of the second part: LAWRENCE WILLIAM CURRIE JR Deed dated: __ ,. ~ 2012 FIRST BUILDABLE IMPROVED LOT BEGINNING at a monument on the northwesterly side of Soundview Avenue running a distance of 101.35fl to an iron pipe set at the point of curve of Soundview Avenue; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 96.5fl to a point of beginning; RUNNING THENCE South 42degrees 14minutes I 0seconds West along the northwesterly side of Soundview Avenue a distance of 100.00 ft to a monument; RUNNING THENCE along the easterly side of land now or formerly ofD & E Daley, North 42degrees 42minutes 20seconds West 306.97fl to Great Pond; RUNNING THENCE in a general easterly direction along the shore of Great Pond 105.28 fl to the land also conveyed to Lawrence W. Ctarie Jr; RUNNING THENCE along the land of Lawrence W. Currie Jr. South 42degrees 09minutes 00seconds East a distance of 273.12fl, to the point or place of beginning. SECOND BUILDABLE IMPROVED LOT BEGINNING at a monument on the northwesterly side of Soundview Avenue and running a distance of 101.35fl to an iron pipe set at the point of curve of Soundview Avenue at the point of beginning; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 96.5 ft to a point; RUNNING THENCE along the easterly side of land also conveyed to Lawrence William Currie Jr, North 42degrees 09 minutes 00seconds West 273.12fl to Great Pond; RUNNING THENCE in a general easterly direction along the shoreline 45.03fl and 11.34ft and 21.29ft and 43.41 ft to the land now or formerly of John Chamews; RUNNING THENCE along the lands of said John Chamews, South 42degrees 09minutes 00seconds East a distance of 191.42fl to the point or place of beginning. SCHEDULE B TO DEED Party of the first part: LAWRENCE WILLIAM CURRIE JR Party of the second part: LAWRENCE WILLIAM CURRIE JR Deed dated: , ,2012 $42'14'10"W ' ~ 96.50' PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 February 7, 2012 Mr. Robert Barratt, PE 4295 Vanston Road Cutchogue, NY 11935 F{e~ Close Public Hearing: Proposed Lot Line Modification for Lawrence Currie Located at 8415 Soundview Avenue, Southold SCTM#1000-59-6-18.1 & 19.1 & 19.2 Zoning District: R-40 Dear Mr. Barratt: A public hearing was held by the Southold Town Planning Board on Monday, February 6, 2012 regarding the above-referenced Lot Line Modification. The public hearing was closed. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address F~g-~ / ~'...~>/~__ Date Notary Public FEB -1 PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon~ Fri., 2/3112 Re: Proposed Lot Line Change for Lawrence Currie SCTM#s: 1000-59-6-18.1~ 19.1 & 19.2 Date of Hearing: Monday, February 6, 20t2~ 4:30 p.m. Item 4 ff FTestrlct~d D~lve~y'i~'des~red. ~ your n~ and add~ on the mveme ~ th~ ~ ~n ~u~ the ~ to you. A~ch th~ ~ ~ ~ ~ck ~ the mai[pi~, or on the ~ E s~ ~. // A." re;;;~ ~ ~;! ' ~l ~J~l- · item41fRestrlctedDellvet3/Isdeslred.C°mpleteltemsl'2'and3'Als°c°mplete ~ that w* mn tatum tho cerd to you. B. Received by (Pr/nted Neme) C. ~_~m~:~ach this card to the back of the mailplece [ , or on the front if space permits. D. Is delivery addrt~'d'lfl~r~, m item 17 If YES, enter d~ive~ad~k3w: r' Isa Cmtifled Ma~l ~ ~ Mall .~ [] Registered [] Return Receipt ~ [] Insured Mail [] C.O.D. 4. Rest~cted [~ ~-~' ~_x~a Fee) [ 1. Article Addressed to: [] Reglstemcl ~ Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Dailve3~ (Ex~a Fee) [] Yes ~ ~rfmmservlcela 2. A~'cie Number 7010 0290 0002 8967 0809 7010 0290 0002 8967 0823 i PS Form 3811, February 2004 Domestic Return Receipt ~o; PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 E6LD L96~ 2000 0620 09:02. D Dg:DL !D 09:0L 20 ]9:0/-. · Pdnt your name and addreee on the mveme so that we can return the card to you. · Attach this card to the back of the rnaJlpiane, or on the front If space permits. B. Received by (Printed Name) C. Dateof Delivery D. Is dallve~ addreae d~ffemnt from item l ? [] Yes ff YES, enter delivery address belo~ [] No [] Registered B Return Reestpt fo~ Merchandise [] Insured Mall [] C.O.D. 4. Restricted Delivery? (Ex~a Fee) []Yes 2, Adicle Number PS Form 3811, February 2004 · Complete Items 1,2, and ~, Also complete A. Signature item 4 If Restflctad'Dellve~,Jsdeslred. · Pdnt your name ~hd~address on the reverse so thet we can retum the card to you. · ,Attach this card to the back of the mailpiece, or on the front It space permits. 1. Article Addressed to: F L~ rz-~c) t_. F=' A-~-- t 2. A~Ucle Number PS Form 3811, February 2004 ~ Oeftlfled Mall [] E~pmes Ma~l [] Registered ~ Retum Receipt for Merchandise r'l Insured Mall [] C.O.D. 4. Restflcted Delivery? (Ex~a Fee) []yes 7010 0290 ~002 8967 6351 · Complete Items 1,2, and 3. AJan ¢~omplete Item 4 If Rantflcted Delivery Is desired. · Print your name and address an the reverse so that we ~an return ttm alrd to you. · Attach this card to the beck of the maJlpiece, or on the flont It space permits. 102595-02-M4 540 B. Reesived by (l~ If YES, ~OeK~ed IVNell 0 ~ Mall [] I=~glst~m~d [] Return F~esipt ~r Merch~ ~ [] Ines~ Mail [] O.O.D. 1. A~ticle Addmsesd to: 2m ~ ~ 7010 0290 0002 8967 0793 PS Form 3811, Februm7 2004 Domestic Return Receipt ~ur lng Robert Barratt PE CEng FIMec~E 4295 Vanston Road, Cutchogue, NY 11935 Tel 631-734-2734 robertbarratt~optonline.net Southold Town Planning Board PO Box 1179 Southold, NY 11971 Attention: Alyxandra. Sabatino, Planner 01/2512 Reference: Your letter dated 01/11/12 Subject: Proposed Lot line change for Lawrence Currie 8415 and 8515 Soundview Ave, Southold SCTM#'s: 1000-59-6-18.1, 19.1 and 19.2 Dear Ms. Sabatino, Please find enclosed a copy of: 1. Survey bearing the SC Department of Health Services stamp of approval dated Dec 30, 2011. 2. Draft deed documenting the proposed changes embodied in the survey I look forward to seeing you at the Feb 6th,2012 meeting, Robert Barratt PE Enclosures, Approved survey Draft deed JAN 2 5 20t2 Consult your lawyer before signing this instrument- this instrument should be used by lawyers only THIS INDENTURE, made this day of in the year 2012 BETWEEN LAWRENCE WILLIAM CURRIE JR, residing at 3090 Glascock Street, Unit 3090, Oakland, Ca 94601, as executor, of the last will and testament of ALICE D. CURRIE, late of Suffolk County, New York, who died on the eighth day of March, in the year 2005 and at the time of her death was the sole owner of the lots known as SCTM#I000-59-6-18.1 and 19.1, her spouse having pre-deceased her; and also as owner, of the lot described as SCTM# 1000-59-6-19.2, party of the first part, and LAWRENCE WILLIAM CURRIE JR, residing at 3090 Glascock Street, Unit 3090, Oakland, Ca 94601, party of the.second part, WlTNESSETH, that whereas letters testamentary were issued to the party of the first part by the Surrogate's Court, Suffolk County, New York, on the Seventh day of December 2005 and by virtue of the power and authority given in and by said will and testament, and/or by Article 11 of the Estates, Powers and Trusts Law, does hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever. This deed is made without consideration since it is a gif~ between the parties of the first and second parts who are the same person. ALL that certain plots, pieces or parcels of land, with the buildings and improvements thereon erected, situate, lying and being in the Village and Town of Southold, County of Suffolk, and State of New York, bounded and described in schedules "A" and "B" annexed hereto: TOGETHER with all the same right, title and interest, if any, of the party of the first part of, in and to Great Pond and the lands under water of Great Pond lying northerly and adjacent to the premises herein before described; TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party oftbe first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the second part agrees to abide by the decision made by the Suffolk County Health Services on December 30ta 2011, that the proposed development of two lots is EXEMPT fi.om requirements pursuant Article 6 of the Suffolk County Sanitary Code Section 700-609B4; and any future proposals to make changes to the water supply and sewerage disposal facilities on each lot must conform to construction standards in effect at the time of construction and are subject to separate permits pursuant to these standards. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way, except as aforesaid. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written Lawrence William CmTie Jr, In the presence of SCHEDULE "A" DESCRIPTION OF PROPERTY BEGINNING at a monument on the northwesterly side of Soundview Avenue running a distance of 101.351t to an iron pipe set at the poim of curve of Soundview Avenue; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 96.511 to a point of beginning; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 100.00 11 to a monument; RUNNING THENCE along the easterly side of land now or formerly ofD & E Daley, North 42degrees 42minutes 20seconds West 306.9711 to Great Pond; RUNNING THENCE in a general easterly direction along the shore of Great Pond 105.28 11 to the land also conveyed to Lawrence W. Currie Jr; RUNNING THENCE along the land of Lawrence W. Curfie Jr. South 42degrees 09minutes 00seconds East a distance of 273.1211, to the point or place of begianing. SCHEDULE"B" DESCRIPTION OF PROPERTY BEGINNING at a monument on the northwesterly side of Soundview Avenue and running a distance of 101.3511 to an iron pipe set at the point of curve of Soundview Avenue at the point of beginning; RUNNING THENCE South 42degrees 14minutes 10seconds West along the northwesterly side of Soundview Avenue a distance of 96.5 11 to a point; RUNNING THENCE along the easterly side of land also conveyed to Lawrence William Currie Jr, North 42degrees 09 minutes 00seconds West 273.12tt to Great Pond; RUNNING THENCE in a general easterly direction along the shoreline 45.0311 and 11.3411 and 21.2911 and 43.4111 to the land now or formerly of John Charnews; RUNNING THENCE along the lands of said John Chamews, South 42degrees 09minutes 00seconds East a distance of 191.4211 to the point or place of beginning. #10535 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 26th dayofJanuary, 2012. ~A.~.----- ~ ~ k Principal Clerk Sworn to before me this 2012. /' '~STINA VOLINSKI ' :~ r : iC-STATE OF NEW YORK i .¥ 0,5105050 '" ~n Suffolk County PLANNING BOARD MEMBERS DONALD J. WILCENSKI Char WILLIAM J. CREMEP~ KENNETH L. EDWARDS JAMES H. RICHIII ~ARTiN H. SIDO~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3186 LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 6th day of February, 2012 on the question of the following: 4:30 p.m. Proposed Lot Line Modification for Lawrence Curde, located at 8415 Soundview Avenue, +1- 101.85 feet northeast of Kenny's Road, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 59-6-18.1, 59-6-19.1 & 19.2 4:32 p.m. Proposed Amended Site Plan for the Sparkling Pointe Winery Addition located at 39750 CR 48, +682' east of Ackerly Pond Lane and CR 48, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-59-10-1 4:34 p.m. Proposed Standard Subdivision for Patrick Guadagno located at 2195 Orchard Street, on the north side of Orchard Street, approximately 1,008' west of Platt Road, in Orient, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-27-1-2 Dated: 1/12/12 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman PLEASE PRINT ONCE ON THURSDAY, JANUARY 26, 2012 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPYSENT TO: The Suffolk Times Page 1 of 1 Kalin, Carol From: Candice Schott [cschott@timesreview.com] Sent: Friday, January 13, 2012 11:55 AM To: Kalin, Carol Subject: RE: Legal Ad for 1/26/12 Suffolk Times Hi Carol, I have received the notice and we are good to go for the 1/26 issue. Thanks and have a great weekend! Candice From-' Kalin, Carol [mailto:CaroI.Kalin@town.southold.ny.us] ~ent: Thursday, January 12, 2012 11:40 AM To: tr-legals Subject: Legal Ad for 1/26/12 Suffolk Times Please print the attached legal ad for the 2/6/12 Planning Board Public Hearings regarding the Lot Line Change for Cuttle, Site Plan for the Sparkling Pointe Addition and the Guadagno Standard Subdivision in the 1126/12 edition of the Suffolk Times. An e-mail confirmation of receipt for our files will be appreciated. Thanks. Carol Kalin, Secretarial Assistant Southold Town Planning Board Southold Town Annex, 54375 NYS Rt. 25 P.O. Box 1179 Southold, NY 11971 Phone: (631)765 - 1938 Fax: (631)765-3136 Carol.Kalin~town.southold.ny.us 1/13/2012 PLANNING BOARD MEMBERS DONALD J. WILCENSKI Char WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O, Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southo]d, NY Telephone: 631 765-1938 Fax: 631 765-3136 LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 6th day of February, 2012 on the question of the following: 4:30 p.m. Proposed Lot Line Modification for Lawrence Currie located at 8415 Soundview Avenue, +/- 101.85 feet northeast of Kenny's Road, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000- 59-6-18.1, 59-6-19.1 & 19.2 4:32 p.m. Proposed Amended Site Plan for the Sparkling Pointe Winery Addition located at 39750 CR 48, ~-682' east of Ackerly Pond Lane and CR 48, Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-59-10-1 4:34 p.m. Proposed Standard Subdivision for Patrick Guadagno located at 2195 Orchard Street, on the north side of Orchard Street, approximately 1,008' west of Platt Road, in Orient, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-27-1-2 Dated: 1/12/12 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 12th day of January, 2012 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board~ Southold Town HallI 53095 Main Road, Southold, New York 2/6/12 Re.q ular Meeting: 4:30 p.m. 4:32 p.m. 4:34 p.m. Public Hearing for the proposed Lot Line Change for Lawrence Currie, SCTM#1000-59-6-18.1, 59-6-19.1 & 19.2 Public Hearing for the Amended Site Plan for the Sparkling Pointe Winery Addition, SCTM#1000-59-10-1 Public Hearing for the Standard Subdivision for Patrick Guadagno, SCTM#1000-27-1-2 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this /~day of',.~~2012. Notary Public MELANJE DOROSKI NOTARY PUBLIC, State of New York No. 01904634870 Oualified in Suffo k County ,, .... Commission Expires September 30, ,*-')-{3 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: From: Date: Re: James Richter, Engineering Inspector Aly Sabatino, Planner January 11, 2012 Lawrence Currie Lot Line Modification Application Name: Lawrence Currie Tax Map Number: 1000-59-6-8.1, 19.1, 19.2 Location: The property is located on Soundview Avenue, +/- 101.85 feet northeast of Kenny's Road, in Southold. Type of Application: X Sketch Subdivision Map Preliminary Subdivision Map Final Subdivision Map Lot Line Modification Map (Dated: ) (Dated: ) (Dated: ) (Dated: 11/03/09 ) Road Profiles Grading and Drainage Plans Other (Dated: ) (Dated: ) (Dated: ) Sketch Site Plan Preliminary Site Plan (Dated: ) (Dated: ) Grading and Drainage Plans Other (AS BUILT) (Dated: ) (Dated: ) Project Description: This proposed Lot Line Modification transfers 0.67 acres from SCTM#1000-59-6-19.2 to SCTM#1000-59-6-18.1 and SCTM#1000-59-6-19.1. SCTM#1000-59-6-19.2 decreased in size from 0.67 acres to 0.00 acres; SCTM#1000- 59-6-18.1 increased from 0.27 acres to 0.67 acres, and SCTM#1000-59-6-19.1 increased from 0.24 acres to 0.51 acres. Thank you for your cooperation. Enc: 1 copy of Proposed Lot Line Modification Plat PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES II. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 January 11,2012 Mr. Robert Barratt 4295 Vanston Rd. Cutchogue, NY 11935 Re: Proposed Lot Line Change for Lawrence Currie Located at 8415 & 8515 Soundview Avenue, Southold SCTM#1000-59-6-18.1, 19.1 & 19.2 Zoning District: R-40 Dear Mr. Barratt: The Planning Board reviewed the application referenced above at their January 9, 2012 Work Session where they accepted your revised plans and agreed to set a public hearing for the February 6, 2012 Public Meeting. If you have any questions, please do not hesitate to contact this office. Very truly yours, Alyxandra Sabatino Planner PLANNING BOARD MEMBERS MARTIN H, SIDOR Chair WILLIAM J, CREMERS KENNETH L. EDWARDS JAMES H, RICH III DONALD J. WILCENSK/ PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave,) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 January 10, 2012 Mr. Robert Barratt, PE 4295 Vanston Road Cutchogue, NY 11935 Re: Set Public Hearing: Proposed Lot Line Modification for Lawrence Currie Located at 8415 Soundview Avenue, Southold. SCTM#1000-59-6-18.1 & 19.1 & 19.2 Zoning District: R-40 Dear Mr. Barratt: The Southold Town Planning Board, at a meeting held on Monday, January 9, 2012, adopted the following resolution: WHEREAS, on June 30, 2011, the agent, Robert Barratt, PE., submitted an application for a Lot Line Modification on behalf of the owner, Lawrence Currie, Jr.; and WHEREAS, this proposed Lot Line Modification transfers 0.67 acres from SCTM#1000- 59-6-19.2 to SCTM#1000-59-6-18.1 and SCTM#1000-59-6-19.1. SCTM#1000-59-6- 19.2 decreased in size from 0.67 acres to 0.00 acres; SCTM#1000-59-6-18.1 increased from 0.27 acres to 0.67 acres and SCTM#1000-59-6-19.1 increased from 0.24 acres to 0.51 acres; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, February 6, 2012 at 4:30 p.m. for a public hearing regarding the map dated May 25, 2011, last revised October 18, 2011, prepared by Robed Barratt, PE. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailin,q receipts AND the signed green return receipt cards before 12:00 noon on Friday, February 3rd. The sign and the post need to be returned to the Planninq Board Office after the public hearioa. Currie Pa.qe Two January 10, 2012 If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Chairman Encls. Southold Town Plannin;! Board Notice to Adiacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a Lot Line Change; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-59-6-18.1, 19.1 & 19.2; 3. That the property which is the subject of this application is located in the R-40 Zoning District; That the application will transfer 0.67 acres from SCTM#1000-59-6-19.2 to SCTM#1000-59-6-18.1 and SCTM#1000-59-6-19.1. SCTM#1000-59-6-19.2 decreased in size from 0.67 acres to 0.00 acres; SCTM#1000-59-6-18.1 increased from 0.27 acres to 0.67 acres, and SCTM#1000-59-6-19.1 increased from 0.24 acres to 0.51 acres. The property is located at 8415 Soundview Avenue, +/- 101.85 feet north east of Kenny's Road, in Southold; That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet by sending an e-mail message to: Carol. Kalin@town.southold.ny.us; The office will be closed on Monday, January 16, 2012. That a public hearing will be held on the matter by the Planning Board on Monday, February 6, 2012 at 4:30 p.m. in the MeetinR Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Lawrence Currie Date: 1/10/12 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVlT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 2/3/12 Re: Proposed Lot Line Change for Lawrence Currie SCTM#s: 1000-59-6-18.1~ 19.1 & 19.2 Date of Hearing: Monday, February 6, 2012, 4:30 p.m. Town of $outhold PC/Codebook for lVindows § 55-1. Providing notice of publie hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Code calls for a public hearing this section shall apply. Upon detea-.dning that an application or petition is complete, the board or commission reviewin~ thc same RhnlJ fix a time and place for a public hearing thereon. Notice relating to a public hearin~g on an application or petition shall be provided as follows: A.. Town responsibility for publication of notice. The reviewing board or commlasion shall cause a notice giv/ng the time, date, place and nature of the hearing to b~ published in the ofYw. ial newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posiin~ and mailing notice. An. application or petition, initiated, proposed or _I~. uested by an applicant or petitioner, other than. a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign pmvidad by the Town, which ahall be prominently displayed on the pt~aises facing each public or private street which the property involved in the application or petition abuts, gi .v~g notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing tl~zeon. The sign shall be set back not more than 10 fee?Yro~the propen, y lin~'. The sign shall be displayed for a period o£not less than seven days immediately preceding the date of Be public bearing, The applicant, petitioner or his/her agent shall file an affidavit that s/be has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every prope~y, which abuts and every property which is across from any p .ublic or private street from the property included in the application or petition. Such no//ce shall be made by - co,/~fied mail, return receipt requested, posted at least seven days Prio~ to the'date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall inciude description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of ~earing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. CURRIE, LAWRENCE LOT LINE CHANGE FOR LAWRENCE CURRIE 1000-59-6-18.1, 19.1 & 19.2 Lot Line Change to transfer 0.67 acres from SCTM#1000-59-6-19.2 to SCTM#1000-59-6- 18.1 and SCTM#1000-59-6-19.1. SCTM#1000-59-6-19.2 decreased in size from 0.67 acres ~cOT.00 acres; SCTM#1000-59-6-18.1 increased from 0.27 acres to 0.67 acres, and M#1000-59-6-19.1 increased from 0.24 acres to 0.51 acres. MONDAY- FEB. 6, 2012- 4:30 P.M. LINE LINE ~Z WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, January 9, 2012 2:30 p.m. Executive Board Room, Town Hall Annex 2:30 p.m. Applications Project name: [ T-Mobile Northeast i SCTM# 1000-109-2-17. Description: t The applicant requests co-location of a public utility wireless ' communication facility having interior mounted antennas within an existing church steeple and a related storage equipment area screened i from view. As part of the application, the applicant proposes to remove I and replace a portion of an existing church steeple to match the existing church building on a 0.91-acre sit~..!~d_.iD..~..~_~!r~g_.~!~!~: ~ Status: ~ Final Pendm~ Inspecbon ~ ~ + .............................................................................................................. ~ Attachments L~[a~..~.[ Cutchogue De~C~ipfi'0'~ yhi~ ~'[{~'"'~"i~"~"~ ~"~i~ ~{ ~ ~X~{i~ automotive repair shop and gasoline se~i~ station to a 1,206 s.f. convenience store and gasoline sewice station on an 18,473 sq. ff. lot in the Hamlet Business Status: ~ Final ~{ ~ ' ~i'~ ~raff Fna nspect on Leffer. ~, Attachments: Draft Leffer Project name: ~ Pecomc Landmg/Brecknock Hall ~ SCTM~: ~ 1000-35- -25 ~ Patio , Locat on ~i ..................................................................... n/s/o NYS Route 25, 1 121~ e/o Sound Road m' Green~o Status ~ Pre-submission Is reqmred Affachments Draft Plan Project name: ~~~ ~ SCTM~: ~ 1000-59-6-18.1, 19.1 & ~ ~ 19.2 Southold Des~r~p~i' 0'~'~ ~]-~"~-L~'~-'[i'~e ' ~'~'~'J~ti~'~' '¥~ ~'~'"~ ~ SCTM~1000-59-6-19.2 to SGTM~s 1000-59-6-18.1 and 19.1, eliminating !..9.~ ~,~_nq.[~a.~...ng~h~.~P. rema..~ ~9 ~o~. by app~. o.2. ac[es. Status: ~ Pendin9 Act on Review recent submission by agent. Submission Without a Cover Letter Comments: OCT - 6 20]] PLANNING BOARD MEMBERS MARTIN II. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICII III DONALD J. WiLCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P,O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 October 5, 2011 Mr. Robert Barratt 4295 Vanston Rd. Cutchogue, NY 11935 Re: Proposed Lot Line Change for Lawrence Currie Located at 8415 & 8515 Soundview Avenue, Southold SCTM#1000-59-6-18.1 &19.1 & 19.2 Zoning District: R-40 Dear Mr. Barratt: The Planning Board reviewed the application referenced above at their October 3, 2011 Work Session and decided the following: 1) Revise the plat to show storm water calculations (See Chapter 236 of the Southold Town Code), existing topography and existing storm water controls (drainage Systems). 2) Due to the close proximity of the residences to Great Pond, a NYSDEC listed impaired, water body and the new proposed lot configuration of the parcels, the Board is requiring that you show the location of the water supply wells and sanitary systems on the plat. 3) The Board is also requiring approval from the SCDHS for the action prior to, consideration of Final Approval. 4) As discussed, provide a plan indicating the specifications and dimensions of proposed storm water controls that the applicant would construct to control storm water on-site. Note that the Board is requiring a 10' vegetated buffer landward of the wetland line. If you have any questions, please do not hesitate to contact this office. Very truly yours, Martin Sidor Chairman cc: Jamie Richter, Office of the Town Engineer PlanninR Board Work Sessi Pa.qe Two October 3, 2011 ~mj~ ~"~i i ~'~;~i"~; L.~'~ ..................... 'i SCTM#: 1000-59-6-18.1, 19.1 & ~ 19.2 Location: on Soundview Avenue, +/- 101.85 feet no~h east of Kenny's Road, in Southold Description: ' This proposed Lot Line Modification transfers 0.67 acres from J SCTM~1000-59-6-19.2 to SCTM~1000-59-6-18.1 and SCTM~1000-59-6- 19.1. SCTM~1000-59~-19.2 decreased in size from 0.67 acres to 0.00 acres; SCTM~1000-59-6-18.1 increased from 0.27 acres to 0.67 acres, a.n.d. S~TM~ ~..~.0~.:.59;6~ ~..~!~ ~n~E~a~...f~9~. ~.:.2~...a~s..~9.0:5.~..~ms: .Status ~endin. g ':Action; Revi.ew..~9~ E.n.g.~.~.eE'~..~9~.~ts .~n.~0~ Line ?01~y( ~e~th ?~p~: ~ Lo. cation: .......... 387.85.N.YS Rt. Description: This is a proposed 2 lot standard subdivision of a 1.67 acre parcel where Lot 1 = 36,333 sq. ft & Lot 2 = 36,332 sq. ft. in the R-40 Zoning District. ZBA variances (lot area and setback) have been granted for this Status: ', Cond Pre m na~ Approval Action: j. Re. Yi.e~ -Ep~ E~.r~l.!.~e.r.'~ co~mP~.t~: Attachments i Town Eng neer's Comments Project nan~ff: ..'[~K~..A!pha~ L.!~C.S.h~pp~ng Ctr. SCTM#: j 1000-140-2-20 Location: i 535 Pike Street, on the north side of Pike street, approximately 100 feet ]..~ast. of_ Love Lane..in the..Ha~. ~t..B~_u.~.n~.s..Z~.~..~.~]..D..~r..~t....M~.tt..,~.ck Description: i This site plan is for the proposed construction of a 2,573 s.f. mix-use i building consisting of 3 units on the first floor for retail use, 2 at 554 s.f. each and another at 1,200 s.f. and 2 residential apa~ments on the ~ second floor, 554 s.f. each. In addition, there is an existing 605 s.f. ........... S~a.~us: ~.Peqdin. g .................................................. Action: ~ Apphcant presenbng new plan proposal. Atta~men[s: Discussion: 1) ZBA draft comments Metro PCS Elijah's Lane 2) Planning Board Meeting Time Change a. Public Meetings from 6pm to 4pm b. Work sessions from 4pm to 2pm WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, September 26, 2011 4:00 p.m. Applications 19.2 Location: on Soundview Avenue, +/- 101.85 feet north east of Kenny's Road, in Southold Description: This proposed Lot Line Modification transfers 0.67 acres from SCTM#1000-59-6-19.2 to SCTM#1000-59-6-18.1 and SCTM#1000-59-6- 19.1. SCTM#1000-59-6-19.2 decreased in size from 0.67 acres to 0.00 acres; SCTM#1000-59-6-18.1 increased from 0.27 acres to 0.67 acres, ~.~d...S.C.~EM# 1.0.~07..5976:!.~ !..!r~E~a.sed. ~[rgm. O: ~ 4..~.~ ~.o....o.:5.! ...a~m,~ Status: i..~.r~in9 Actio n: ............. ~ _Re.v.!e,~.~-~.e..~m.!s. d isc.u_.s.~.~t~!ng..!)e.~Ei.[~g. ~t.~! ~!~...p.~.!.!~.rnt~]: .for.11/14.. Atta~megt~.; i Staff. ~ep.o_6 ................................................................................................................................ Project name: i The Fields at Matttuck SCTM#: 1000-113-2-1 1 Location: i..n./o Description: i Major Subdivision of 27 lots on a 60.42-acre parcel. Status' i Final A@p. roval- filed ma A~i°n: ]._Rev_.ew Attachments: Staff R~pq.E[...~:~. C Description: This is a proposed 2 lot standard subdivision of a 1.67 acre parcel where Lot I = 36,333 sq. ft & Lot 2 = 36,332 sq. ff. in the R-40 Zoning District. ZBA variances (lot area and setback) have been granted for this .S~atu~i ~gnd. P.m..!!.~.!.r~a.~ ..~P Pr.0val Action: Review draft letter to applicant. Attachments: Draft Le~er Location: on the west side of Laurel Avenue, approximately 150 feet south of Yenneco~ Drive in Southold 18 lots and ~o (2) open spa~ parcels where the lots range in size from 28,235 square feet to 36,400 square feet, with the open space patois totaling 35.0227 acres, excluding the wetlands in the R-80 Zoning District. AcUon: con.si.deE exten~i.nQ..~d.~.~.~pa.! ?re~m~na ~ APP[q~a!. A~achments.~ 9~8~! ~...~er re~ue.~ip.g.~.p.d~.n.a!. ~[~!~.~e ~..E~en.~qq SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)-765-9015 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel. (631) - 765 - 1560 JAMIE.PdCHTER~TOWN.SOUTHOLDNY.US OFFICE OF THE ENGINEER TOWN OF $OUTHOLD Martin H. Sider Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: Laurence Currie Lot Line Modification SCTM#: 1000-59-6- 18.1, 19.1 & 19.2 SePtember 9, 2011 SE? - 9 2011 Dear Mr. Sider: As per a request from your office, I have reviewed the Site Plan, dated 5/25/11 for the proposed lot line modification for three residential properties noted above. Please consider the following: This preposed lot line modification may require an Area Variance for one or more issues related to this requested change. This plan should be reviewed by the Building Department to determine what, if any, issues must be resolved by the Zoning Board of Appeals pdor to Planning Board Appreval of this lot line change. This proposed lot line change will not result in any land disturbance activities at this site but please keep in mind that Great Pond is considered an impaired Waterbody by the Suffolk County Health Department. Therefore, I would recommend that this site meet the minimum requirements for compliance with Town Code Chapter 236 for Storm Water Management. The applicant should submit a Storm Water Pollution Prevention Plan for review. Existing drainage facilities should be indicated where they exist and new drainage plans should be submitted to meet the requirements for storm water retention found in chapter 236 of Town Code. Under current Town Code - Chapter 236-15 for Stormwater Management has vadance procedures to allow the Zoning Board of Appeals to waive this drainage requirement. Please note that this variance procedure is inconsistent with N.Y. State requirements. Chapter 236 is currently being modified and updated through the Town Attorney's Office to be consistent with State regulations. Once this new code section is approved, this vadance procedure will no longer be available. If you have any questions regarding this review, please contact my office. CC: Michael Verity, Principal Building InspectorL/ /,fa/mos A. Richter, R.A. Board of Trustees July 27, 2011 SOUTHOLD FIRE DISTRICT P.O. BOX 908. SOUTHOLD, N.Y. 11971 (631) 765 4305 FAX (631) 765 5076 Ms. Alyxandra Sabatino, Planner Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Re: Currie Lot Line Modification Dear Alyxandra: Please be advised that the Board of Fire Commissioners have reviewed the above mentioned lot line modification application and found that there is adequate fire protection for this property. The Board would like to reserve the right to review the above site plan if any changes occur to this property or to other property in the immediate area. Sincerely, ~"A~ Miller Fire District Secretary PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L~ EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southald, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southo]d, NY Telephone: 631 765-1938 Fax: 631 765-3136 July 14, 2011 Ms. Carol Miller c/o Southold Fire District P.O. Box 908 Southold, NY 11971 Re: Request for Review: Currie Lot Line Modification Located on Soundview Avenue, +/- 101.85' n/e/o Kenny's Road, in Southold SCTM#1000-59-6-18.1, 19.1 & 19.2 Dear Ms. Miller: The enclosed lot line modification is being referred to you. Please be advised that with a lot line modification there is limited change occurring to the original property. Your comments are requested on matters of interest to the fire department, including fire department equipment access, emergency services, and any other issue that may be of concern or relevance to this application. Please respond with your recommendations at your earliest convenience. This proposed Lot Line Modification transfers 0.67 acres from SCTM#1000-59-6-19.2 to SCTM#1000-59-6-18.1 and SCTM#1000-59-6-19.1. SCTM#1000-59-6-19.2 decreased in size from 0.67 acres to 0.00 acres; SCTM#1000-59-6-18.1 increased from 0.27 acres to 0.67 acres, and SCTM#1000-59-6-19.1 increased from 0.24 acres to 0.51 acres. Please contact me at (631)765-1938 if you have any questions. Thank you for your cooperation. Sincerely, Alyxandra Sabatino Planner Encl.: Lot Line Modification Plat PLANNING BOARD MEMBERS MARTIN H. $IDOR Chair WILLIAM J. CRE1VIERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: From: Date: Re: James Richter, Engineering Inspector Aly Sabatino, Planner July 14, 2011 Lawrence Currie Lot Line Modification Application Name: Lawrence Currie Tax Map Number: 1000-59-6-8.1, 19.1, 19.2 Location: The property is located on Soundview Avenue, +/- 101.85 feet northeast of Kenny's Road, in Southold. Type of Application: Sketch Subdivision Map (Dated: Preliminary Subdivision Map (Dated: Final Subdivision Map (Dated: X Lot Line Modification Map (Dated: 11/03/09 Road Profiles Grading and Drainage Plans Other (Dated: ) (Dated: ) (Dated: ) Sketch Site Plan Preliminary Site Plan (Dated: ) (Dated: ) Grading and Drainage Plans Other (AS BUILT) (Dated: ) (Dated: ) Project Description: This proposed Lot Line Modification transfers 0.67 acres from SCTM# 1000-59-6-19.2 to SCTM#1000-59-6-18.1 and SCTM#1000-59-6-19.1. SCTM#1000-59-6-19.2 decreased in size from 0.67 acres to 0.00 acres; SCTM#1000- 59-6-18.1 increased from 0.27 acres to 0.67 acres, and SCTM#1000-59-6-19.1 increased from 0.24 acres to 0.51 acres. Thank you for your cooperation, Enc: 1 copy of Proposed Lot Line Modification plat PLANNING BOARD MEMBERS MARTIN H. SIDOR Choir WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSK/ PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 F~x: 631 765-3136 MEMORANDUM To.' cc: From: Date: Re: Scoff A. Russell, Supervisor Members of the Town Board Elizabeth A. Neville, Town Clerk Town Attorney Alyxandra Sabatino, Planne~~) July 14, 2011 Lawrence Currie Lot Line Modification Located on Soundview Avenue, +/- 10t.85 feet north east of Kenny's Road, in Southold SCTM#1000-59-6-8.1, 19.1 & 19.2 The Planning Board refers this application to you for your information, comments, review, and a determination of jurisdiction, if applicable. This proposed Lot Line Modification transfers 0.67 acres from SCTM#1000-59-6-19.2 to SCTM#1000-59-6-18.1 and SCTM#1000-59-6-19.1. SCTM#1000-59-6-19.2 decreased in size from 0.67 acres to 0.00 acres; SCTM#1000-59-6-18.1 increased from 0.27 acres to 0.67 acres, and SCTM#1000-59-6-19.1 increased from 0.24 acres to 0.51 acres. Thank you for your cooperation. WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, July 11, 2011 4:00 p.m. Applications Project name: i~ul"l~e, ~ SCTM#:., 1000-59-6-18.1, 19.1 & :. ~ i 19.2 ' Location: i on Soundview Avenue, +/- 101.85 feet north east of Kenny's Road, in [ Southold Description: This proposed Lot Line Modification transfers 0.67 acres from SCTM#1000-59-6-19.2 to SCTM#1000-59-6-18.1 and SCTM#1000-59-6- 19.1. SCTM#1000-59-6-19.2 decreased in size from 0.67 acres to 0.00 acres; SCTM#1000-59-6-18.1 increased from 0.27 acres to 0.67 acres, and SCTM#1000-59-6-19.1 increased from 0.24 acres to 0.51 acres. ' ............................................ · ~, New Alpplicat!on ......................................... ~fioni i Accept for review. Attachments: i Staff Report Location: :~ 1160 North Bayview Road, 111.56 feet northeast of Liberty Lane and i Victoria Drive Southo d Description: i This proposal is for a standard subdivision where two parcels, ;: i SCTM#1000-78-09-54 (1.82 ac.) and SCTM#1000-78-09-78 (0.624 ac) i will be re-subdivided into two new parcels. Proposed Lot 1 will be 49,291. s.f. and prOl~OSed Lot 2 w be 30 000 s.f. in the R-40 Zon ng D str ct Status: j Denied Action: i Rev ew I~lans recently submitted. Attachments: i Staff Rel~ort Location: 860 Nakomis Road, Southold ~ lots where Lot 1= 0.60 acres (26,340 s.f.) and Lot 2 = 0.71 acres (31,057 ~ s.f:) i~.~he R-~0.Z0.ning D ~t[.~ Status: Review Application · A~tachments: S~aff Rep0~.. D[aff Le~[ Location: West side of Main Road approx 280' south of New Suffolk Ave Mattituck 1 equals 40,686 sq. ft.; Lot 2 equals 33,007 sq. ft.; Lot 3 equals 44,986 sq. ft.; and Lot 4 equals 43,520 sq. ft. in the R-80 Zoning District. Lot 5 ~ equals 77,747 sq. ft. and is located in the B Zoning District. The open j.space iS ~qu~l t9.5:59 ac. ms.9.[.60% of the u.P!an.d area Status: i Sketch Approval Action: ; Review draft resolution for Cond. Pre m na~ Approva Attachments: ' Draft Resolution Eur~lng Robert Barratt PE CEng FIMec~ 4295 Vanston Road, Cutchogue, NY 11935 Tel 631-875-0275 robertbarratt~optonline, net Southold Town Planning Board PO Box 1179 Southold, NY 11971 Attention: Heather Lanza, Planning Director 6/28/11 Subject: Revised process for re-subdivisions (lot line modifications) SCTM#'s: 1000- 59- 6-18.1, 19.1 and 19.2 Reference: Your letter of 6/16/11 and the attachment dated 6/14/11 Dear Heather, I have studied the reference in connection with our recent submittal dated 6/6/11. We want to cooperate fully with you by submitting the following additional information to our 6/6/11 submittal as we discussed in our telcon of the morning of 6/21/11. · Copy of Easements et al · Copy of property deeds for all involved properties · Draft deeds, effective after lot line modification approval I look forward to hearing from you, Robert Ba~att PE Enclosure Additional pages 15 thru 22 to our 6/6/11 submittal (six cop~es , of each page) Lot line modification - Alice Currie at Southold Page 15 Copy of Easements et al The present minor sub-division includes a right of way to provide a "right of way" to the waterfront lot. If the lot line modification is approved the "right of way" will be abolished, see proposed deeds on pages 21 and 22 There are no other encumbrances on the premises. Lot line modification -Alice Currie at Southold Page16 Copies of current deeds Liber 10054 page 186 & 187, SCTM# 1000 - 59 - 6 - 18.1 attached as page 17 Liber 9828 page 318, SCTM# 1000 - 59 - 6 - 19.1, attached as page 18 Liber 9830 page 320 & 321, SCTM# 1000 - 59 - 6 - 19.2 attached as pages 19 & 20 TAX ~AP )ESIGNATIO~ Lst. 1000 .~c. 059-00 [k. 06.00 ~t o18~0~ BETWEF-~ : :' ~[ LAWRENCE WILLIAM CURRIE and ALICE D. CURRIE, his wife, both residing at~ 68 West Fenimore Street, Valley Stream, N.Y~. ~1'580 ~ ~ LAWRENCE WILLIAM CURRIE, residing at 68 West Fenimore Street, Valley Stream, N.Y. 11580 party of the second part, WIT~F.,SSL-'TH, that the party of tfie first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the bulidings and improvements thereon erected, situate, lying and bdng in ~:he Village and Town of Southold, County o£ Suffolk, and State of New York, bounded and described as follows, BEGINNING at a point on the northwesterly side of Sound View Avenue distant 96.50 feet southwesterly from the point where it is inter- sected by the westerly line of la]nd now or formerly of Jo~ Charnew said point being distant 198. J5 feet southwesterly from a monument set at the point of curve of Sound View Avenue, as measured along the northwesterly side of Sound View Avenue, and from said point of BEGINNING RUNNING THENCE South 4.2 degrees 14 minutes 10 Seconds West, along said Northwesterly side of Sound View Avenue, 100.00 feet to land now or formerly of Anderson~ THENCE along said land North 42 degree 42 minutes 20 seconds West, 122.31 feet$ THENCE North 47 degrees 17 minutes 40 seconds East, 100.72 feet$ THF~ICE South 42 degrees 09 minutes O0'seconds East, 113.51 f. eet to the northwesterly side of Sound View Avenue, at the point of BEGINNIIqG. SUBJECT to an easement over the easterly 12.5 feet of the above described premises for the purpose of ingrees and egress to Sound View Avenue, for the benefit of the owners of the l~d bordering the shoreline of Great Pond and the northwesterly line of the described premises. Being the same premises conveyed by Alice D. Currie to Lawrence William Currie and Alice D. Currie, his wife, by deed da~ed May 30, 1985 and recorded July 11, 1985 in the Office of the Clerk of Suffolk County in Libor 9828 Page 316 of Deeds. ~h~s deed is made without consideration and constitutes a gift e~ween spouses TOGETHER with all right title and interest, il any, of tile party o[ [be first part in and to any streets and roads abutting the above described premises to the center lines tbereof; TOGETHER w t 1 the appurtenances and all the estate and tights of the party of the first part in and to mid premises; TO }lAVE AND TO HOLD tbe premises herein granted unto tbe party ol the second part, the heirs or successors and osslgns o{ the party o[ the second part forever. AND the party ol the first part covenants tfiat the party of the first part has not done or suffered anything wfiereby the said premises bare been encumbered in any way whatever, except as aiol-e~aid. AND the ~arty of the first part, in compliance with Seaion 13 ~ tfie Lien ~w, covenants that the ~rty of .tim first tort will r~elve the considemtlon for this ~nveyance and will hold tbe right to receive stmb conskl- oration as a trnst fund to be applied first for {be pur~se o[ pay ng the cost o t ~e improv~nent and will apply tfie same first to tbe payment o[ tfie cost of the improvement before using any ~rt 9~ the total o[ the sine for any otfier purpose. The ~mrd "~y" shall be cons{rued as if it read "parties" whenever the sense of this indenture so requires. , ~ ~, Lawrence Willi~ Currie Alice D, Currie 'JkT I ON 'ITiLB IND~ ma~e the day of May , nineteen hundred and eighty-five ALICE D. CURRIE, residing at 68 West Fenimore Street, Valley Stream, New York 11580 partyo£thefir~tpart, and ALICE D. CURRIE, residing at 68 West Fenimore Street, Valley Stream, New York 11580 party of the second part, WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second pan, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel o£ land, with the buildings and improvements thereon orected, situate, lying and being in the Village and Town of Southold, County of SuffoLk and State of Now York, bounded and described as follows: BEGINNING at a point on the northwesterly side of Sound View Avenue, where the sa~ is intersected by the westerly line of land now or forn~rly of John Charnews, said point being distant 101.85 feet southwesterly from a mnum~nt set at the point of curve of Sound View Avenue, as ~easured along the northwesterly side of Sound View Avenue, and from said point of begimning. RUNNING TH~qCE South 42 degrees 14 minutes 18 seconds West, 96.50 feet; ~NCE North 42 degrees 09 minutes 00 seconds West, 113.51 feet; TH~qCE l~rth 47 degrees 17 l~inutes 40 seconds ~st, 96.04 feet to land now or for~ of John Cha~news aforen~ntioned; ~%~qCE along said land South 42 degrees 09 ~utes 00 seconds East, 105.00 feet to the northwester/y side of Sound View Avenue, at the point or place of BEGINNING. SUBO~CT to an easement over the westerly 12.5 feet of the above described premises. for the purposes of ingress and egress th Sound View Avenue, for the benefit of the owners of the land bordering the shoreline of Great Pond and the northwesterly line of the described premises. TOGETIIER ~Gth all right, title and interest, if any, of the party of the first part in and to any streots and roads abutting the above described premises to the center lines thereof; TOGETHER wi~h the appurtenances and all tfie estate and rights of the party of lhe first part in and to mid premises; TO HAVE AND TO HOLD the premises herein granted unlo the party o[ the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of tile first part covenants that the par~y of the first part has not done or suffered anything ~xfiereby the said premises have been encumbered in any way whatever, except as a[oresaid. AND the party o~ the first part, in compliance with Section 13 c4 the Lien Law, covenants that the party ol~ the first part ~xill receive the consideration thr this ~nveyance and will hold the right to r~eive such consid- eration as a trust tund to be applied first for the pur~e of paying the cost of the improv~ent and will apply the same first Io the paymem el the cost o{ lhe improvement beiore using any ~rt of the total of the s~e [or any other put.se. The xmrd "~n3/' shall he consIrued as if it read "panics" whenever the sense of this indenture so requires. IN ~N~ WH~OF, the ~rty of the first ~ has duly ~uted this deed the day and year first a~ve written. ~ A~C~ D. CURRZE THI~ IND~ made the day o[ May nmetee,, hundred and eighty-five ALIC~ D. CURRIE, residing at 68 West Fenimore Street, Valley Stream, New York 11580 ~rtyofth¢ first part, and LAWRENCE WILLIA~ CURRIE, JR., residing at 2332 Harrison Street, Oakland, California 94612 party of the second part. ~ITNF-,..q.~TH, that the pa~y of the first part, in consideration of dollars, lawful money of the Uniled States, paid by the party o[ the second part. does hereby grant and release unto the party of the second part. the heirs or lying and ~ing in theVilia, ge ~ To~ of Soutbold, ODunty of Suffolk and State of New York, bounded and described as follows: B~INNING at a point on the division line bet%~en the premises herein to be described and land now or folma~rly of Anderson, which point is located following courses and distances from a m~nu~_nt set at the point of curve of Sound View Avenue: 1. South 42 degrees 14 nd~nutes 10 seconds West, along the nort~sterly side of Sound View Avenue, 298.35 feet frc~ a monument set at the point of curve of Sound View Avenue, as measured along the northwesterly side of Sound View Avenue; also 196.50 feet on the saa~ course from the point of intersection of the westerly line of land now or formerly of John Onarnews with the north- westerly line of Sound View Avenue; 2. North 42 degrees 42 minutes 20 seconds West along the land now or formerl of Anderson aforesaid 122.31 feet to the tz~e point of beginning, and from said point; RUNNING THin, CE still along said land sow or formerly of Anderson, No,th 42 degree 42 minutes 20 seconds West, 182.69 feet to the shore line of Great Pond; THENCE along the shore line of Great Pond on a tie line bearing North 73 degrees 36 minutes 20 seconds East a distance of 220.41 feet to land now or formerly of John Charmews, aforen~tioned; THENCE along said land South 42 degrees 09 minutes 00 seconds Fast, 85.00 feet; TH~2E South 47 degrees 17 minutes 40 seconds West, 196.76 feet to the point or place of B~INNING. ~DGEI~ER with an ease~_nt ovmr a 25.00 foot right,f-way, for the purposes of ingress and egress to and from Sound View Av~nue, said Right~Df-w~y beJ~g ~re particularly bounded and described as follows: BDSI~ING at a point on the north~sterly side of Sound View Avenue, dist~nt 210.85 feet southwesterly f~m a mDn~Tent set at the point of curve of So~nd View Avenue, as measured along the northwesterly side of Sound View Avenue, also 109.00 feet southwesterly frc~ the westerly line of land now or iq formerly of John Charnews where it ~ltersects said northwesterly side of Sound View Avenue; and from said point of BEG/NNING. RUNNING THS~CE 5br~h 42 degrees 09 minutes 00 seconds West, 113.51 feet; Thq~CE North 47 degrees 17 n~nutes 40 seconds East, 25.00 feet; ~{~NCE South 42 degrees 09 r~inutes 00 seconds East, 113.51 feet to the northwesterly side of Sound View Avenue; THENCE along the northwesterly side of Sound View Avenue South 47 degrees 17 minutes 40 seconds West, 25.00 feet to the point or place of BEGINNING. Consult your lawyer before signing this instrument- this instrument should be used by lawyers only THIS INDENTURE, made the .day of , Two Thousand and Eleven BETWEEN LAWRENCE WILLIAM CURRIE JR, residing at 3090 Glascock Street, Unit 3090, Oakland, Ca 94601 as executor of the last will and testament of ALICE D. CURRIE, late of Nassau County, New York, who died on the day of , in the year , party of the first part, and LAWRENCE WILLIAM CURRIE JR, residing at 3090 Glascock Street, Unit 3090, Oakland, Ca 94601 party of the second part, WITNESSETH, that whereas letters testamentary were issued to the party of the first part by the Surrogate,s ~ourt, County, New York, on and by virtue of the power and authority given in and by said will and testament, and/or by Article 11 of the Estates, Powers and Trusts Law, does hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever, ALL that cnrY~in plot, piece or parcel of land, wEth the bulldlnEu and l~mprove~enta thereon erected, situate, lying and being in the village ~ Town of nouthold, County of Suffolk and 3tare of York, bounded and described as follows: ~r,~NG at an iron pipe on the nort~rly or northwnsterly side of Sound View Avenue inhere the smme is intersected by th~ westerly or no~tl~W~sterly line of landn t~eretofere conveyed to Y~awremne W. Currie by deed dated September 30, 1953, and recorded in the Suffolk Comfy Clerk's Office in Liber ~$26 of deeds at page 173 on October 3, 1963 ~ 4:~1 P.M.; l-run, US thence in a general westerly direction along the northerly side of Sound View Avenue, South ~2 degrees 1~ minutes 10 seconds Nest a distance of 100 feet; ~u~ning thence in a general northerly di~ection along other lands of the paz-ty of the first part, .Nort~ ~P~ ~l~e~..~ ~*n_u~es ~ ~,~q~nd.s' l~e_s~ about 305 feet, be the same more or less, to Great Pond; r,~ug thence in a gennral easterly di~notian along the mean water line of Great Pond about ll$ feet, more or less, to lands about to he conveyed to the party of the Second pa~t by Lawrence W. Currie~ x,,~-~ thence in a general southerly direction · l~g said la~da abont to ~e conveyed by ~awrence W. Our~ie to the party of the second part, Bouth ~2 degrees ~2 minutes 20 seconds East a distance of 260 feet, more or leos, to the point or place of beginr~tng. TOG~ with all the right, title and interest, if any, of the party of the first part of, in and to G~eat Pond and the lands under water of Great Pond adjacent to said premises and in and to the highway k~own as ~ound View Avenue adjacent thereto. Being and intended to be the same premises conveyed by DOUGLAS J. CURRIE to ALICE D. CURRIE by deed dated November 19t~, 1966 and recorded in the SuffoLk County Clerk's Office in Liber 6079 of deeds at page 115 1N WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written I n the presence of Lawrence William Carrie Jr, Executrix of the estate of Alice D. Currie Consult your lawyer before signing this instrument - this instrument should be used by luwyers only THIS INDENTURE, made the day of , Two Thousand and Eleven BETWEEN LAWRENCE W1LL1AM CURR1E JR, residing at 3090 Glascock Street, Unit 3090, Oakland, Ca 94601 as executor of the last will and testament of ALICE D. CURRIE, late of Nassan County, New York, who died on the day of , in the year , party of the first part, anc~ LAWRENCE WILLIAM CURR1E JR, residing at 3090 Glascock Street, Unit 3090, Oakland, Ca 94601 party of the second part, v~rlTNESSETH, that whereas letters testamentary were issued to the party of the first part by the Surrogate's Court, County, New York, on and by virtue of the power and authority given in and by said will and testament, and/or by Article 11 of the Estates, Powers and Trusts Law, does hereby grant and release unto the party of the second part, the distributees or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel cf land, with the buildings and ~w~.rovementu thereon erected, situate, lying and being in thc Village and Teas of Southold, Co.sty of Suffolk and 3tats of New York, bounded and described as follows: B~;INNING at an i~on pipe on the northerly or northwesterly side of Sound View Avenue where the same is intersected by tho westerly or northwestarly line ~f land of John Cha~news, said p~p.e..s~l_ ac being distant southwesterly as measured along the north- erly or nox~h~eaterly aide of Sound View Avenue a distance of 101.85 feet from a morannent set at the point of curve of 3ound View Avenue; running thenca in a general westerly direction along the northerly aide of So,md View Avenue a distance of 96.5 feet to a point;x-,r.~ng thence northerly along the easterly line of land heretofore conveyed to Douglas J. Cuxu-ie. North ~2 degrees ~2 minutes 20 seconds West a distance of 26~ feet. more or less. to Great Pond; runnin~ thence in a ganer~l easterly direction 125 feet. more or less, to the wes~rly line of land of John Charnewu; ruling thence in a genera~l southerly direction along the la.ds of said John Charnuwa,' 3curb 42 degrees 09 minutes ~ast n distance of 190 feet, more or less, to the point or place of beginning. TOG~H~ with all the right, title and interest, if amy, of the party of the first part of, in and to Great Pond and the lands under water of Great Pond lyin~ northerly and adjacent to the premises hereinbefore described. Being and intended to be the same premises conveyed by DOUGLAS J. CURR~E to ALICE D. CURRIE by deed dated November 14t~, 1966 and recorded in the Suffolk County Clerk's Office in Liber 6079 of deeds at page 117 IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written I n the presence of Lawrence William Currie Jr, Executrix of the estate of Alice D. Currie Eu~r ling Robert Barratt PE CEng FIMechE 4295 Vanston Road, Cutchogue, NY 11935 Tel 631-875-0275 robertbarratt~optonline.net Southold Town Planning Board PO Box 1179 Southold, NY 11971 Attention: Heather Lanza, Planning Director June 6th, 2011 Dear Heather, Thank you for arranging the pre-application conference. Subsequently your staff has been most helpful in assisting me in the final preparation of this application which it is now my pleasure to submit along with the $500 application fee payable to the Town of Southold Please note the draft application has been up-dated since the pre-proposal conference and the enclosed copy should be used exclusively in all future work regarding the proposed action to determine if the proposal is eligible for a waiver pursuant to the Town Code 240 57 Waiver, adjustment of property lines. I further understand that if eligible the re-subdivision may be authorized by the Planning Board by resolution and no further action is required, other than sending you a copy of the newly recorded deeds for your files, when they become available. In approaching this application we have sought the best arrangement that meets the needs of both my client and the Town of Southold. We are proposing to eliminate the minor sub-division that was formed in 1985 and revert to the earlier pair of adjacent waterfront lots which by their nature as waterfront rather than waterview lots possess a great deal of latent potential that has lain dormant while the threat of others building in front of them existed. These aspects are addressed in the application and furthermore we would welcome the opportunity to make arrangements to host a visit to the premises, so. you can judge the specifics of our case. I look forward to hearing from you, Robert Barratt PE Enclosure #1 Mr. Lawrence W. Currie Jr's personal check made payable to the Town Of Southold to cever the application fee Enclosure #2 The enclosure contains thirteen 8in x 1 lin pages marked 1 thru 12 and the California notary's additional page marked 7a and two oversize 1 lin x 17in pages marked 13 and 14 Sender: Submission Without a Cover Letter Subject: C) gq ~ t ~._ LOJC-- L!/D~-~ O- ~ scm~:~ooo- 3q-[-,,- /55.l, Icl. t *19, aL gAY 2 7 2011 M~Y 2 A pp fl-o'J~ D MAY 2 7 2011 NOTES Scale: 2.5in =100ft Iron pipe: ID Existing lot lines: ~ m ~ Proposed lot lines: FEMA Flood Zone: AE EL 9 Tie Line: Zoning: R40 Lot areas: Lot # Existing lot area 18.1 0.27ac 19.1 0.24 ac 19.2 0.67ac Proposed lot area 0.67 ac 0.51 ac 0.00 ac Owners: Lawrence Currie~_Alice Carrie Services: No change proposed existing water, electric and septic Easements: It is proposed to abandon the access/egress easement when lot 19.2 is merged: ~ i ~ ! -- I ~ (~' ~.~v ~ W~ W · l N 0 ~ ~ ~ ~,l ~l E.) Deeds: Liber 9828 page 318, 9828 page 320 and 10054 page 186 Location: 8415 & 8515 Soundview Ave, Sou~old, NY Cross Street: 1200 ft west of Keany's Road Wetlands etc: No change proposed Elevations: refer to Mean Sea Level Survey data: Map of Minor Subdivision Alice Currie at Southold Approved by Planning Board, Alail 12, 1985 Proposed Improvement: The community and the owners will benefit from the proposed conversion of the three lots to two attractive waterfront lots. En.qineer/A.qent: Robert Barratt PE, 4295 Vanston Road Cutchogue, NY 11935 Tel 631 875 0275 These plans are an instrument of the service and are the property of the design professional whose seal is affixed hereto. Infringements will be prosecuted to the fullest extent of the law. Contractor shall verify all field conditions and dimensions and be solely responsible for field fit. The design professional assumes no liability for omissions due to unknown or unforeseen field conditions and or additions based upon comments not formally acknowledged es revisions to these plans Dwg Title: Proposed lot line modification Dwg #061711, Rev: 0, Date: May 25m, 2011 Project: Alice Currie at Southold Client: Lawrence Currie Project Status Report for Re-Subdivisions (Lot Line Chan.qes) Application Dates Pre-SubmissionConference ~/ ~ ~// [ Asl~lication ~eceived AoDlication Fees Paid /~/~'"/// Application Reviewed at Work Session Fire Department Comments ~)~1 it En.qineer Conference SEQPA Coordination Public Hearin.q Wa ved Public Hearinq Date ~ I ~[ [~'~ Final Map Routinj~: Tax Assessors Building Department Land Preservation Highway Depadment SEQPA Determination ~,,/,~//~'~ SC Plannin,q Commission Referral SC Planninq Commission Comments Conditional Final Approval Final Approval Additional Notes: Sout~d Planning Department Sta~IReport Subdivision Application Work Session Review Date Prepared By: 04-23-12 Aly Sabatino I. Application Information Project Title: Applicant: Date of Submission: Tax Map Number: Project Location: Hamlet: Zoning District: Lawrence Currie Robert Barratt 5/30/11 1000-59-6-18.1, 19.1, 19.2 8415 & 8515 Soundview Ave Southold R-40 II. Description of Project Type of Subdivision: Acreage of Project Site: # of Lots Proposed: Lot Line Modification 1.18 acres N/A II1: Action to review Review the submitted Draft Covenants and Restrictions IV: Analysis This lot line modification is merging an existing parcel into two other existing parcels, creating two parcels where there were three. This is in keeping with the Town's Comprehensive Plan because it is eliminating a parcel and making the other two existing non-conforming lots larger. At the March 12, 2012 Work Session the Board requested a 25' wide natural non- disturbance buffer located southeast of the wetlands line with the ability to have two 4' wide walking paths, one path for each lot, that lead to Great Pond. The Board requested that this 25' buffer be recorded in a Covenant and Restriction. · See attached Draft Covenants and Restrictions. V: Staff Recommendations 1. Recommend that the Board accept the draft Covenants and Restrictions and that the applicant files them with the county. 2. If the applicant submits the filed Covenants and Restrictions to the Planning Board by May 2nd recommend that the Planning Board consider Final Approval at the May 7, 2012 Public Meeting. Southi~d Planning Department Staf~eport Subdivision Application Work Session Review Date Prepared By: 03-26-12 Aly Sabatino I. Application Information Project Title: Applicant: Date of Submission: Tax Map Number: Project Location: Hamlet: Zoning District: Lawrence Currie Robert Barratt 5/30/11 1000-59-6-18.1, 19.1, 19.2 8415 & 8515 Soundview Ave Southold R-40 II. Description of Project Type of Subdivision: Acreage of Project Site: # of Lots Proposed: Lot Line Modification 1.18 acres N/A II1: Action to review Discuss applicant's letter regarding the 25' buffer. IV: Analysis This lot line modification is merging an existing parcel into two other existing parcels, creating two parcels where there were three. This is in keeping with the Town's Comprehensive Plan because it is eliminating a parcel and making the other two existing non-conforming lots larger. At the March 12, 2012 Work Session the Board requested a 25' wide natural non- disturbance buffer located southeast of the wetlands line with the ability to have two 4' wide walking paths, one path for each lot, that lead to Great Pond. The Board requested that this 25' buffer be recorded in a Covenant and Restriction. V: Staff Recommendations Sout~old Planning Department Staff Report Subdivision Application Work Session Review Date Prepared By: 03-12-12 Aly Sabatino I. Application Information Project Title: Applicant: Date of Submission: Tax Map Number: Project Location: Hamlet: Zoning District: Lawrence Currie Robert Barratt 5/30/11 1000-59-6-18.1, 19.1, 19.2 8415 & 8515 Soundview Ave Southold R-40 II. Description of Project Type of Subdivision: Acreage of Project Site: # of Lots Proposed: Lot Line Modification 1.18 acres N/A II1: Action to review Review Draft Deeds Review Engineer Comments IV: Analysis 1. This lot line modification is merging an existing parcel into two other existing parcels, creating two parcels where there were three. This is in keeping with the Town's Comprehensive Plan because it is eliminating a parcel and making the other two existing non-conforming lots larger. 2. Please see attached Draft Deeds which include reference to the Planning Board and an exhibit with a map illustrating the modification. 3. Engineer's Comments The applicant has revised the site plan to indicate what appears to be a twenty five (25') foot wide Buffer area located immediately in front of the Wetlands line which is located on the northerly portion of the site. This proposed buffer area will improve the water quality of stormwater generated by the site and may reduce the volume of runoff that could make its way to Great Pond. It is recommended that this buffer area be formally described as a permanent covenant & restriction for these lots. In addition, a narrative of the buffer area, including the type of vegetation and maintenance requirements should be described in a C&R and this C&R should then be filed with the County Clerks Office in perpetuity. Sout~old Planning Department Staff Report V: Staff Recommendations A. Accept draft deeds. B. Accept Town Engineer's Comments. 2 South~l Planning Department Stafl~eport Subdivision Application Work Session Review Date Prepared By: 01-9-12 Aly Sabatino I. Application Information Project Title: Applicant: Date of Submission: Tax Map Number: Project Location: Hamlet: Zoning District: Lawrence Currie Robert Barratt 5/30/11 1000-59-6-18.1, 19.1, 19.2 8415 & 8515 Soundview Ave Southold R-40 II, Description of Project Type of Subdivision: Acreage of Project Site: # of Lots Proposed: Lot Line Modification 1.18 acres 2 II1: Action to review Set Hearing at the January 9th Public Meeting. Review submitted plat. IV: Analysis This lot line modification is merging an existing parcel into two other existing parcels, creating two parcels where there were three. This is in keeping with the Town's Comprehensive Plan because it is eliminating a parcel and making the other two existing non-conforming lots larger. Applicant submitted a revised plat indicating: 1) Location of existing water supply wells, sanitary systems, and a 10' non- disturbance buffer. 2) Storm water calculations On October 4, 2011 the Board requested that the applicant receive Suffolk County Health Department Approval. The applicant has received approval and is waiting to receive the stamped plats. V: Staff Recommendations A. Accept changes made to plat. B. Send storm water calculations to the Office of the Town Engineer for review. C. Set a Public Hearing at the January 9th Public Meeting. Southi~old Planning Department Staffi~)Report Subdivision Application Work Session Review Date Prepared By: 09/26/11 Aly Sabatino I. Application Information Project Title: Lawrence Currie Applicant: Date of Submission: Tax Map Number: Project Location: Hamlet: Zoning District: Robert Barratt 5/30/11 1000-59-6-18.1, 19.1, 19.2 8415 & 8515 Soundview Ave Southold R-40 II. Description of Project Type of Subdivision: Acreage of Project Site: # of Lots Proposed: Lot Line Modification 1.18 acres 2 II1: Action to review Review Referrals, Set Hearing at the October 17th Public Meeting IV: Analysis This lot line modification is merging an existing parcel into two other existing parcels, creating two parcels where there were three. This is in keeping with the Town's Comprehensive Plan because it is eliminating a parcel and making the other two existing non-conforming lots larger. Southold Fire District: found that there is adequate fire protection for this property. Town En,qineer: Great Pond is considered an impaired water body by the Suffolk County Heath Department. 1) Recommend meeting the minimum requirements for compliance with Town Code Chapter 236 for Storm Water Management. 2) Applicant should submit a Storm Water Pollution Protection Plan for review. 3) Existing drainage facilities should be indicated where they exist and new drainage plans should be submitted to meet the requirements for storm water retention found in chapter 236 of Town Code. V: Staff Recommendations 1. Recommend that the Board accept Town Engineers comments. 2. Set Public Hearing at the October 17th Public Meeting. Southgd Planning Department Staf~eport Subdivision Application Work Session Review Date Prepared By: I. Application Information Project Title: Applicant: Date of Submission: Tax Map Number: Project Location: Hamlet: Zoning District: I1. Description of Project Type of Subdivision: Acreage of Project Site: # of Lots Proposed: II1: Action to review Staff Completeness Review IV: Analysis 07/06/11 Aly Sabatino Lawrence Currie Robert Barratt 5/30/11 1000-59-6-18.1, 19.1, 19.2 8415 & 8515 Soundview Ave Southold R-40 Lot Line Modification 1.18 acres 2 This is a lot line modification is merging an existing parcel into two other existing parcels, creating two parcels where there were three. This is in keeping with the Town's Comprehensive Plan because it is eliminating a parcel and making the other two existing non-conforming lots larger. V: Staff Recommendations The application is complete. Accept the application for staff review and processing, and refer it out to the Town Engineer. SOUTHOLD PLANNING DEPARTMENT Re-subdivision (Lot Line Modification) 'Application Form APPLICATION IS H~REBY MADE to the Town of Southold Planning Board for the proposed RE-SUBDMSION described herein: 1. OriginaliSubdivisionName t~MC.~. C. oa..a~, a,? 2. Suffolk County Tax Map # (include all tax map parcels involved) Io.oo- ~et- 6 - tS t , tq.( ~ 3. Hamlet 4. Street Location 5. Acreage of Site 6. Zoning District 7. Date of Submission 8. Please provide the names, addresses and phone numbers for the following people: Applicant: JUN -8 2011 Re-Subdivision Application Form 8. (continued) Please provide the names, addresses and phone numbers for the following people: Agent: ~ ~t~Oe..Ic A.to r Proper~y Owner(s): Surveyor: A tlorney: 9. Briefly describe the proposed lot line change and state reason(s) for requesting same. Convert two developed waterview lots and one un-developed waterfront lot into two developed waterfront lots with greater potential Please see next page for discussion 2 Re-Subdivision Application Form Discussion During the sixties the premises consisted of two waterfront lots with the potential to sub-divide into two waterfront lots and two waterview lots. An application was made to accomplish this but was deferred because one of the resulting waterfront lots would have been too small as a result of the natural contour of the shoreline. A compromise was arrived at consisting of one waterfront lot and two waterview lots ~ae and the current minor sub-division was approved in 1985. The new application seeks to eliminate the current minor sub-division and revert to the original two developed waterfront lots which are deemed to offer greater potential for future development The diagram below summarizes the previous and proposed stages: Waterfront on Great Pond's south shore Pre-1985 Post 1985 Proposed 2011 The two resulting waterfront lots have a lot of potential to become highly desirable waterfront homes. For your information we are including an example below of a home that has recently been up-graded on Great Pond a few hundred feet fo the west Before renovation - pre 2009 After renovation - post 2009 This project demonstrates the enhanced visual impact and the associated benefit to the community that can be achieved when the site has the development potential. In the currant case the lot line modification will create two equally desirable lots both possessing full development potential 10. DOES THE PROPOSED MODI3'ICATION (a) Affect the street layout in the original subdivision? (b) Affect any area reserved for public use? (c) Diminish the size of any lot? (d) Create an additional building lot? (e) Create a nonconforming lot? (f) Require a variance from the Zoning Board of Appeals? (g) Impact the future planning of the subject properties? NO 11. Does the parcel(s) meet the Lot Recognition standard in Town Code §280-9 Lot Recognition? Yes ~". No . If"yes", explain how: 12. Does this application mee~ the standard in § 240-57. Waiver, adjustment of property lines to waive the subdivision process? If so, please provide the name and date o£th~ 13. Application completed by [ ] owner ~1 agent [ ] other Upon submitting a completed application, the Planning Board will review the proposal and determine if the project is eligible for a waiver of subdivision review pursuant to Town Code § 240-57. Waiver~ adjustment nf propert3' lines. If the application meets the criteria for a waiver, the modification may be authorized by the Planning Board by resolution and no further review will be required. If the proposed lot line modification will create substandard lot sizes, lot widths or make existing structures nonconforming with respect to setbacks, the applicant will not be able to receive Planning Board approval without first obtaining relief from the Zoning Board of Appeals. Signature of Preparer ~'~~~ Date 3 Re-&tbdivision Application Form Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of llus form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessap( to avoid same. last name, first name, middle initial unless you are applying in the name oJ'someone else or other entity, ~uch as a co~npan): ~f so, indicate the other person's or company's name. Natnre of Application: (Check all that apply) Tax grievance Building Variance Trustee Special Exception Coastal Erosion __ Change of zone Mooring Subdivision Plat Planning Site Plan Other (Please name other activity) __ Do you personally (or through your company, spouse, sibling, parent or child) 'hm, e a mlatiouship with any officer or employee of the Town of Sm~thold? "Relationship includes by' blood, marriage or business interest. "Business interest" means a business, including a partnership, in which the tovm officer or employee has even a pmedal ownership of (or employment by) a co~pomtion in which the town officer or employee owns more than 5% of the shares. Yes No ~ If you answered "Yes" complete the balance of this form and date and sigl~ where indicated. Name of the person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A through D and/or descn'be in the space provided. The town officer or employee or his or her souse, sibling, parent or child is (check all that apply): A. the owner of greater than 5% of the shares of the corporate stock of tlie applicant (when the applicant is a corpomtion); B. the legal or beneficial owner of any interest in a noncorpomte entity (when the applicant is not a corporation); C. an officer, director, p',u~er or employee of the applicant; or D. the aclual applicant Description of Relationship: Submitted this ~ I Signature Disclosure Form Lawrence Currie 3090 Glascock Street Unit # 319 Oakland, CA 94601 Cell 510-285-7433 currielw~.qmail.com May 31, 2011 Southold Planning Department PO Box1179 Southold, NY 11971 Subject: Authorization to act as applicant for lot line modification Gentlemen, I, Lawrence Currie, owner of the property identified as SCTM# 1000-59-6-18.1 and 19.2 and also my mother's property identified as SCTM# 1000-59-6-19.1in Southold, NY, hereby authorize Robert Barratt to act as my agent and handle all necessary work involved in the subdivision process with the Southold Planning Board Thank you in advance for your cooperation, ~e Sworn before me this ~l~J" day of 2011 (Notary Stamp) State of California County of Alameda Subscribed and ,~worn to (or affirr~ed) b.efore me on this, ~l~"~' day of ~,~/~ 20 ~1 , by ~-¢~t)f'¢.~(~¢_.. (,~ff't'lC¢ proved to me on the asis satisfactory evidence to be the person(s) who appeared before me. of IRMA R. GLIDDEN COMM. #1845818 NOTARY PUBLIC - CALIFORNIA ALAMEDA COUNTY Revised 1-1-2008 Jurat Town of Southold LWRP CONSISTENCY ASSESSMENT FOR/VI A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed a~tions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits. crnd other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revkalization Program. A proposed action will be evaluated as to its significant beneficial and advers~ effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered '*yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explaiued h~ detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's webske (southoldtown.northforlcnet), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE Al'q]) PROPOSED ACTION .The Application has been submitted to (check appropriate response): TownBoard [] Planning Board _~. Building Dept. [] Board of Trustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital conslxuction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) ' (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present land use: I',t$ Present zoning classification: ~ 4. o If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: 0o) Mailing address: (c) Telephone number: Are*Code( ) (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ No [] If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management ]Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Poster a pattern of development in the Town of Southoid that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III- Policies; Page 2 for evaluation criteria. [] Yes [] No [] Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 throngh 6 for evaluation criteria --I I Yes [] No ~ Not Applicable tO Attach additional sheets if necessary Policy 3. Enhance visnal quality and protect scenic resources throughout the Town of Sonthold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No ['~ Nol Applicable 'To 'AM ~.Ia,~$C~"~' tJLSOAt~ I~&e~'l".--~;~; i>ic'ro~*-CX O,'i-x-~e~4~'~ Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Sectiou ]III- Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] Not Applicable Waterfront lots benefit from the careful development of their shoreqine under the supervision of the Southold Board of Trustees and the DEC/US Corps of Engineem when the work is executed in a thoroughly professional manner. Attach additional sheets ff necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No r~Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section I11 - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [] Not Applicable t/ Attach additional sheels if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section Ell - Policies Pages 32 through 34 for evaluation criteria. [] Yes [] No~ Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous snbstances and wastes. See LWRP Section III - Policies; Pages 34 throngh 38 for evaluation criteria. [] Yes ~ No [] Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, cOastal waters, public lands, and public resom-ces of the Town of Southold. See LWRP Section 1TI - Policies; Pages 38 ~hrongh 46 for evaluation criteria. [] Yes [] No [] Not Applicable Attach additional shccts ff necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRPSection m - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No ~ Not Applicable Attach addilional sheets if ncccssa~ Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section I]3[ - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No Sot Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IX[- Policies; Pages 62 through 65 for evaluation criteria. [~ Yes [] No ~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section 111 - Policies; Pages 65 through 68 for evaluation criteria. [~ Yes [] No ~ Not Applicable PREPARED BY ~Og~'~.'r g/a..aJl.~,T~- TITLE DATE ~_~ Amended on 8/7/05 14-16-4 {9195l PROJECT LD. NUMBER 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I - PROJECT INFORMATION (To be completed by Applicant or Proiect sponsor) 1. APPLICANT/SPONSOR: g. PROJECT NAME: 3. PROJECT LOCATION: Municipality ~O~ O~ County ~g 4. PRECISE LOCATION: lStreet address and road intersections, prominent landmarks, etc., or provide map) 5. IS PROPOSED ACTION: New [] Expansion ~[Modification/alteratlon [] 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially I'i ,I ~ acres Ultimately I'~ I ~ acres 8. WILL PROPOSED ACT)ON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONSt ~l~Yes •No If No, describe briefly / E. WHAT tS PRESENT LAND USE IN VICINITY OF PROJECT? ~Residential []Agricultural []Park/Forest/Open space Olndustrial 0 Comrnercia[ •Other Describe: lO. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY )FEDERAL, STATE OR LOCAL)? ~eYes EJNo if yes, list agency(s) name and permit/approvals 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~No If yes, list agency(s) name and permit/approval DYes 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE tNFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor name: ~C~ ~'~ ~ ~k~ ~I~ ~ Date: ~/~,',~O/t ( Signature: ~ ~, If the action is in a Coastal Area, and you are a state agency, complete Coastal Assessment Form before proceeding with this assessment TEST HOLE BY M~DONALD GEOSCIENCE FR. 101.,35 TO 96.50' pOND KEY MAP SUFFOLK COUNTY £EPARI'kiEN1- OF HEAL rH SERVICES HAUPPAUGE, N. Y. DEC 3 0 20h 5,3 9VI£1ONS OF PUBLIC BEAL FB L, ?Y CBOE. DIREC?ORI D/V/S/ON OF ENVIRONMENTAL OU~LI?Y ZONING DISTRICT: R 40 THIS' IS TO CERTIFY, BASED UPON AN EVALUA T/ON AND VISUAL INSPECTION OF THE SEWAGE DISPOSAL SYSTEM(Gl AND WA TER SUPPLY SERVING THE EXISTING BUILDING(S1, THAT THEY APPEAR TO BE FUNCTIONING PROPERLY AND TO BE ~BEOUA TE RE-DIVISION OF PROPERTY ALICE CURRIE A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLX COUNTY, N. Y. 1000 - 59 - 06 - 18.1, 18.2 & 19.1 Scale: I" = 30' TO SERVE T~DINGS(SI.. . -ROBERT BARRATT, P.E. LIC,# 081868 The IocoUon of wells ond cesspools shown hereon ore / from field observqUons ond or from dotq obto/ned from oth ANY ALTERAlTON OR ADDITION TO THIS SURVEY/$ A VIOLATION ~ ~ OF SECTION 7209 OF THE NEW YORK STAl~ EDUCAtiON LAY~ EXCEPT AS PER SECTION 720g-SUBOIVISION 2, ALL CERT1F1CA~ONS HEREON ARE VALIB FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR I HEREBY CERTF'Y THAT THIS SUbDiVISION PLAT WAS MADE FROM ACTUAL SURVEYS COMPLETED Ilflofll THAT ALL MONUMENTS SHOWN THUS I ACTUALLY ARE CORRECTLY SHOWN AND ALL DIMENSIONS ' ~ ~RE CORRECT LOT 'A' AREA-29,285 SO. FT. TO TIE UNES LOT 'B' AREA-~'~,097 SQ. FT TO TIE LINES ELEVATIONS REFERENCED TO N.A.V.D. FLOOD ZONE FROM FIRM MAP NUMBER 56103C0154H SEPTEMBER 25, 2009 · -~MONUMENT · :PIPE RECEIVED JAN 1 9 ~UFF. CO, HEALTH OFFICE OF WASTEWATER PECONIC SURVEYORS, P,C, (6.71) 765-5020 FAX (631.) 765-1797 P.O. BOX 909 1230 TRAVELER Sl~EET SOUTHOLD, N.~ 11971