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Home My WebLink About4326 ~ d5rs ® ~~r'~nf ti~~ E~/rr;'TrTeec~ IVI_ A_ 3325 Rte 48 141 i uc , Mass; John 015 - Accy building in front yard filed 9/17/85 _ 65° YJ l6 ~C ~S CJ)r ,uso ~ Sr .Jl£~ 4d ~r/f^..~°s1R/loG C/yA6(tL7o~?`%/-°?'°~/..$._ /p ,I AJ APPEALS BOARD MEMBERS gUFFOI/reaG Southold Town Hall Gerard R Goehringer, Chairman o y~ 53095 Main Road Serge Doyen, Jr. cc x P,O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y~lj Ot Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS DATE OF ACTION: September 13, 1995 APPL. #4326. APPLICANT: STANLEY SWANSON. LOCATION OF PROPERTY: S/s Horton Avenue, Mattituck; a/r/a part of Lot #3 on the PB Minor Subd. Map approved 4-12-93 for Robert D- Hamilton. Involved parcels are identified on the County Tax Maps as No. 1000-141-2-21.5 (Hamilton), and 1000-141-2-15 (Swanson) also known as 3325 C.R. 48, Mattituck. BASIS OF APPEAL: Notice of Disapproval issued by the Buildin¢ Inspector on August 5, 1995. " ..Change will further reduce the required total area of parcel 141-2-21.5. " PROVISIONS APPEALED FROM: Article III-A, Section 100-30-A.1, RELIEF REQUESTED: Exchange of 8,129 sq. ft. added to Swanson parcel and taken from Hamilton parcel. Area of Hamilton parcel will be nonconforming in this R-40 Zone District with a new size of 27,2560 sq. ft. The Swanson parcel will continue to be conforming in total area with a new size of 52,223 sq. ft. MOTION MADE BY: Gerard P. Goehringer SECONDED BY: James Dinizio, Jr. ACTION/RESOLUTION ADOPTED: GRANTED as applied with details (see survey map prepared June 27, 1995 (revisions Aug. 2, 1995), prepared by John T. Metzger of Peconic Surveyors, P.C. REASONS/FACTS: The use density of each remaining parcel will not be increased by the exchange of this property; there exists one dwelling on each at this time. The relief requested results from a court proceeding between the owners under Supreme Court Index No. 94-12702 pertaining to the property easement area, which land area is the subject of this exchange or lot-line change request, The relief requested will not produce an adverse effect or impact on the physical or environmental conditions of the neighborhood. VOTE OF THE BOARD: Ayes: Serge J. Doyen, Member "----~a- ges Dinizio, Jr., Member kECEIVED AND FILED B$ort A. Villa, Member Ly is A. Tortora, Member T?. `:rUTH0L`: T W14 CLERK e rd P. Goehringer, Chairman-Member D, Tli?s resoluhoik-vwes' unanimously adopted. o GERARD P. GOEHR GERf CHAIRMA APPEALS BOARD MEMBERS ~O~OSUFF01,Co ~ Gy Southold Town Hall Gerard P. Goehringer, Chairman c < 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa O~ Fax (516) 765-1823 Lydia A. Tortora' ° Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARING NOTICE IS HEREBY' GIVEN, pursuant to Section 267 of the Town Law and the Code ' of the Town of Southold, that, the following public hearing will be held at a Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, SEPTEMBER 13, 1995 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4331 DAVID AND CLAIRE AIR. Variances based upon the August 1, 1995 Notice of Disapproval issued by the i Building Inspector under the Zoning Ordinance, Articles XXIV, Section 100-241A and 100-243A, and XXIII, Section 100-239.4B, for a building permit to construct structural alterations and increase floor area of principal building with nonconforming front yard and sideyard setbacks and with nonconforming use(s), and to construct deck additions, seaward of existing building setback line (within 75 feet of seawall). Location of Property:' 2072 Village Lane, Orient; Parcel No. 1000-24-2-27. 2• 7:38 p.m- Appl. No. 4327 - ROBERT AND DENISE WHELAN. Variance based upon the July 31, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 (ref. 100-33), for a building permit to construct accessory building in an area other than the Page 2 Legal Notice ='i J Regular Meeting of September 13, 1995 Southold Town Board of Appeals required rear yard. The subject property contains an area of approx. 20,400 sq. ft. Location: 160 Bungalow Lane, ` Mattituck; Parcel ID #1000-123-2-2. 3.. 7:43 p.m. Appl. No. 4326 - STANLEY and SHARON SWANSON. Variance based upon the August 5, 1995 Notice of Disapproval from the Building Inspector, Article -IIIA, Section 100-30A.3 for permission to exchange property (lot line adjustment) which." will reduce the required total area of parcel 1000-141-2-21.5 (owned by Robert Hamilton) and increase the area of parcel 1000-141-2-15 (owned by Stanley and Sharon Swanson) by approx. 8,129` sq. ft. Property Location: , Southerly side of Horton Avenue, Mattituck; Also referred to as part of Lot #3 on the Minor Subdivision Map approved 4-12-93 by the Planning Board for Robert D Hamilton. 1 4. 7:47 p APh1. No. 4328 ROBERT FEGER and THERESA TAYLOR. Special Exception under Article IIIA, Section 100-30B for an Accessory Bed and. Breakfast Use in conjunction with the owner's existing single-family residence for the purpose of renting and serving of breakfast to a maximum of six (6) transients not more than three bedrooms (maximum) Location of Property: 5370 Nassau Point Road, Cutchogue, NY; Parcel No. 1000-111-8-19. 5. 7:50 p.m. Appl. No. 4330 - FLORENCE TILDEN. Variance based upon the July 26, 1995 Notice of Disapproval' from the Building Inspector, Article IIIA, Section 100-30A.3 for permission to construct garage addition rte` Page 3 - Legal' Notice Regular Meeting of September 13, 199 Southold Town Board of Appeals to dwelling with an insufficient front yard and side yard setbacks. Location of Property: 3100 Deep Hole Drive, Mattituck, NY; Parcel No. 1000-115-17-14- 9. 7:55 p.m. Appl. No. 4329 CHRISTOPHER MAUCERI. Variance _ based upon the July 24, 1995 Notice of. Disapproval from the Building Inspector, Article XVIII, Section 100-18X(3) for permission to construct a single-family dwelling with insufficient front yard setback in this cluster development. Location: of Property. 1455 Evergreen Drive, Cutchogue, NY; County Tax Map Parcel No. 102-1-4.4. 7. 8:00 p.m. Appl. No. 4332 - ARTHUR HAF. Variance based upon the August 6, 1995 Notice of Disapproval from the Building Inspector, Article IILA, Section 100-30A.4 (ref. 100-33C) for permission to construct detached, accessory garage in a;frontyard area on this waterfront parcel wOith reduced setback. Location of property: 1020 Strohson Road, Cutchogue, NY; Parcel No. 1000-103-10-25. 8. 8:05 p.m. AppL No. 4334 - ESTATE OF CLOTILDA OLIVER. Variance based upon the August 18, 1995 Notice of Disapproval from the Building Inspector, Article XXIV, Section 100-241 for permission to re-establish nonconforming retail sales use in this M-II Zone District, Location of Property: 64355 Main Road, Greenport, NY; Parcel No. 1000-56-4-21. Page 4 - Legal Notice Regular Meeting of September 13, 1995 Southold Town Board of Appeals 9. 8:10 P.M. Appl. , No.. 4333 - GENEVIEVE STALEY and `FRANK PALUMBO, as Contract Vendee. Variance bsaed upon the August 16, 1995 Notice of Disapproval from the Building Inspector, Article III, Section '100-239.4A(1).for permission to construct a new dwelling; within 100 feet of the top of the bluff or bank of the Long Island Sound. Location of Property: 3200 Sound Drive, Southold, NY; Parcel No. 1000-33-1-7. 10. 8:15 p.m. Appl. No. 4335 - HELENE BULGARIS and SUZANNE FONDILLER. Variance 'based upon the August' 9, 1995 Notice of Disapproval from the Building Inspector, Article IIIA, Section 100-30A.4 for permission to amend building permit for the construtition of an as-built inground swimming pool as an accessory structure in an area other than the required rear yard (instead of as an attached structure). Location of Property: 1575 Captain Kidd Drive, Mattituck, NY; Parcel No. 1000-106-05-17 & 18. 11 8:20 p.m. Appl. No. 4317 EDWIN and DONALD TONYES. i (Carryover from July 12, 1995 for continuation). Property location: 55465 Main Road, Southold. HB Zone District. The Board of Appeals will at said time and place hear any and ail, persons or representatives desiring to be heard in the above matter. Written comments may also be submitted before or during this hearing. If you wish to review a file or need to request more information, please do Page 5 Legal Notice Regular Meeting of September 13, 1995 Southold Town Board of Appeals not hesitate to call 765-1809 or visit our office. Dated: September `1, _ 1995. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS' GERARD P. GOEHRINGER ` CHAIRMAN By Linda Kowalski g x i l RJ i 07,'95 08: 54AN S01~°4`'pLD TOWN HALL 516 765 1823 j / P • d t° FORM NO. S V TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date ,ti.. , 19 r{ Otl PLEASE TAKE NO ICE that your application dated 19 .`psi far permit to c?~, . . at r Location of Property ......G'1'............_e House Alb. 5'rreet N meet County Tax Map No. 1000 Section • • . . • Block ...9........ , Lot ..,V4 441r~ Subdivision . Filed Map No. Lot No. is returned herewith and disapproved on the following grounds .C, 07W-40!v".. le rte.' A49 ~40ee I V LG.... , jj, t?~.3 ./.f~/.. .T . . . . . . . . . . I • I.Mt-J. . . . . . . 'Y . • _ . . . . . . I. . . . • . • . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . • . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . • . . . . . • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e . . . . . . . . Post-It'" brand tax transmittal memo 7871 k of pa" ~ J i To F m B la i Inspector ca co Dept. Phone # Fsx # Fox # ~ eb l c F D\FO OF 1IR&T 1 , fORMtdO:l 3 SETS OF PL,tias 25- TOWN OF EPACI SOUINOLD StlttVFY +7a, BUILDING bEPART MENT c11rCl; TOWN IIALL. SEPTIC tokM'_.--..-. SOMIiOLD, N.Y. 11071 TM 76T1802 NOTIFY; C A l.. L iixam , 19 "A t i.: TO: Al,pnovul 19. - Permit No... , . . Disapproved a/c (Building Inspector) APPLICATION FOR BUILDING PERMIT Date 9 INSTRUCTIONS a. TIC application must be completely filled in by typewriter or in ink and submitted to tine i3uilding Inspector, with 3 sels of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public sheels or areas, and giving a detailed description of layout of property must be drawn our the diagram which is part of this apIAP ration. c. The work covered by this application may not be commenced before issuance of building Permit. d. Upon approval or this oppIkation, the Building Inspector will issued a Building Pennit to the applicant. Such permit shall be kept on the_prernises available for inspection throughout the work. C' No building shall be occupied or used in whole or in part fir any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION 1S HEREBY- MADE to the Building Department for the issuance or a Building Permit pursuant to the IliMMng Zone Ordinance or the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or ~IRegulatirins, for the construction of buildings, additions or alterations, or for removal or demolition; as herein described. I he applicant agrees to comply with all applicable laws, ordinances, build' ode, housin code, and reguta 115and to admit authorized inspectors on premises and in building for necessary insl clron . .Signalot of applicant, or name, i a corporation) (Nisi" Iiug address of applicant) Slate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. - Name of owner of premises `fit%. . (as oil the tax roll or latest deed) H applivant is a corporation, signature of duly anthoried officer. (Name and title of corporate officer) iluilder's License No . . I'lonrber's License No. . 1 volician's License No. . Other -I rade's License No. ! . Location o tar dons hich proposed work will be clone. House Number Street / Hamlet minty Tax. Map No. 1..000 Section Block . ~2.4?7.....:.. Lot ....L..~: - S, . Subdivision i . /Q..G `c!C; Fited Map No. 3.... Lol . (Name) State existing use and occupancy or premises and intended use and occupancy of proposed cons( UClir n: a. UNfing use and occupancy / ...:.:r0400?. a~.. K brlended use and occupanry 1;1; MV of teoix tcncck which applicable): New Building Addition • Alterati t t?cpair Removal . Demolillon OtherNork~V/-t^ t? t!"` ZQ 1 - (Description) 4. hslimatedC:ost Fee (to be paid on Filing this application) S: If dwelling, number of dwelling units Number of dwelling units on each floor . pr garage,it umberor cars G. If business, commerciai or mixed occupancy, specify liatute and extent of each type of use t . 7: Dimensions of existing structures, if any: Front Rear Depih . I lcight Number of Storics . Dimensions of same structure with alterations or additions: Front Rear . . Depth Ileight Number of Stories 8. Dimensions of entire new constriction: Front Rear Depth . Height Number of Stories . 9. Size of lot: Front Rear.............:........ Depth 0. Date of Purchase Name of Former Owner . 1. Zone or its" district in which premises are situated . 2. Does proposed consltuction violate any zoning law, ordinance or regrilalion : . 3. Will lot be regraded Will excess rill be removed from premises: Yes No 4. Name of Owner of premises Address Phone No. . Name of Architect Address Phone No................ . Nanie of Contractor Address I'hone No............... . i. is this property within 300 feet of a tidal wetland? *Yes........ No......... *lf.yes, Southold Town Trustees Permit may be requl.red. PLOT DIAGRAI4 Locate clearly and distinctly A buildings, whelhet existing or proposed, andAndicate all set back dimensiorrs;froin ropetty`lines. Give street and block number or description according to deed, and show street dames and Indicate wl eldrer tletior Or cornet lot. TA'fE OF NEW ' )R S.S BOUNTY OI- . ~ q being dilly sworn, deposes and says that lie is tite applica t (Name of individual sig(ittg contract) iove named. ie is (lie . . (Contractor, agent, corporate officer, etc.) ( said owner or owners,and is dilly authorized to perform or have performed the said work and to "rake m14 ~jplication, that arl statements contained it9 this application are true to [lie best of his knowledge and belief, Prid ri of k will be performed in the nrenner set torth to the application filed therelyilh. wom to before life this .....clay of 19 war Puhhc . County vxeccLf-l~c1G(.~~ UNDAkOWALSKI J ~7y(syg4rrbttd.SisteofNewXprk...... ~92AS24771 ~ (Si nature of appilcant) (jugified in Suffolk 000TR commission Ev - - ~ g/s Reoveo. rAU6 81995:: TOWN OF SOUTHOLD, NEW YORK 3:26 P-M Southold Town Clerk APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE August 7x.,1995 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD? N. Y. 1, (We) Stan SS and Sharon Swanson .....of „332 Route 48 Nome of Appellant. Street and Number Mattttuck, NY 11952 HEREBY APPEAL TO a... _ Municipality State THE ZONING.-BOARD OF, APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATIOW FOR -PERMIT NO. DATED 13/2/95 WHEREBY THE BUILDING INSPECTOR DENIED TO` STanley and Sharon Swanson for Lnt Line Change: Hamilton to Swanson _ Name of Appiiccnt for permit - of apprrox. 8x129 sf ( triangular piece )„Of pacel Owned by Hamiltonr SCPM # 1000-141-2- 21.5 Street and"Number Municipality State ( ) PERMIT TO USE ..located on Horton Ave., Mattituckr NY 11952 ( ) PERMIT FOR OCCUPANCY (X) Area variance, Lot Lane transfer from Hamilton to Swanson 1. LOCATION OF THE PROPERTY S~P..E3o~tit..Aue. . Mdtk7 kLtCJ~r.,.IIY. (~..C( Street /Hamlet / Use District on Zoning Map District 1000 Section1418lock 2 Lot 21.5 RDbert D.° Hamilton ..........Current Owner Mop No. 9343 Lot No.3 Prior Owner Robert D. Hamilton 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III A Section 100-30A.3. 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 230A Subsection 3 4. PREVIOUS APPEAL A previous appeal nW (has not) been made with respect to this decision of the Building inspector or'with respect to this property. Such appeal was ( ) request for a special permit ( )-request fora variance and was made in. Appeal No ...............Dated REASON FOR APPEAL ( ) A Variance to Section 230A Subsection 3 C, A Variance to the Zoning Ordinance (X) Area variance for SCTM # 1000-141-2-21.5 to permit transfer of triangular piece ('8,129 sf), -is requested for the reason that as part of a settlement of a lawsuit now pending in Supreme Court Suffolk County ( 94-12702 Swanson v. Hamilton Suit v,raz,,brought to impress a prescriptive easement over the use ofLL a dirt drive which runs between these adjoining neighbors, ( see map attached to application As part of the settlement Hamilton has agreed to Form zst ontinue on other side) transfer an irregular triangular piece to Swanson so that the dirt drive will then be entirely on Swanson's land. There will be no change to the character and use of these resider)tial properties and the variance is sought as a s tea Line Change which has been concurrently applie c£r© Planning Board. REASON FOR APPEAL,,, Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because, an amicable. settlement has. been arrived at to dispose of the pending litigation between these adjoining property owners. Without being able to have a Lot 'Line Change granted administratively by the Town of Southold, the. parties would be forced to continu the litigation over the prescriptive easement which concerns a dirt driveway which has been in existence and use since Swanson's predecessor built the house in 1963. Hamilton Purchased the adjoining property in 1991 and in 1994 a dispute arose over the use of the dirt drive, which resulted in the instant litigation. Swanson's children need to continue to use the dirt. drive to board the school bus from Horton Ave., a much safer access than via Route 48, a divide( highway. The Swanson's need continued access to the Horton Ave.;. driveway, when returning home from a westerly direction and the driveway itself has been so used by their predecessor ( Haas) after ;Route 48 became a'high speed divided highway. Hamilton has only recently blocked access to that portion of the irregular triangular piece which is the subject of this application. The piece is virtually unuseable-to Hamilton because of its position on Horton Ave. and should be a part of Swanson's parcel, which, if permitted by the Town, would solve the problem in toto. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of.:this . property. and in this use. district because his concerns a dirt drive which runs along the boundary between these two property owners ( see survey map attached to application The Lot Line Change would permit Hamilton to convey to Swanson ( by purchase) an irregular triangular piece (,approx.-8,129 sf ) which would then be merged into Swanson's lot and which would not exist as a separate sub-standard parcel. i 3. The Variance would observe the spirit of the Ordinance and WQULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there would be no change, at all in the character or use of these residential properties. The end result would be that Hamilton'sclat would be 8,129 sf smaller and Swanson's lot would be 8,129 sf larger. Both lots now contain single family res- dential houses and no building or other changes are contemplated. The granting of the area variance on Hamilton's lot SCTM # 1000-141-2-21.5 would enable the Lot Line Change and would' facilitate the settlement of the suit between the parties (,Swanson v. Hamilton Both Swanson and Hamilton have agreed to this transfer and seek Town approval. There would be no detriment whatsoever to the health, safety and general welfare of the neighborhood or community if the variance were to be granted. -STATE OF NEW YORK ) ~(Y9 ) ss ~ I its COUNTY OF !4°Cf-a fl) Signature . Sworn to this day of.... t..... 191(_ / Notary Public__ N"Nkaftemnym ft021ti604W s g ~(M fl a_ z~ T n m M1 r: o w n~ m y Cs LT 4 Oi' A 3 x Z g tZ7 ~..V \Y O rrr Eft I~ k a 0 '0 -Z .Z'. fm s It3 sa tt, r` i ~ O O (p N S" ~ 3 7 7 O7 .1 N N N N d Q71 r a ~r a k x d IF; - v S z * > N ,`s ~ < N _ O ~~'9 ~ ~ ~ . ~ r ' ° % 'mss. - O' ~ _ /v 4 ~ ~ ~ ^ha n ~ t ~7 r 4 ! 3 . " f .S kP r AZ- ? Y 4 I ~E It I. 4SJ °T oaf- >7 7 n + ~ as .O O. -00 k r { p ~n ~ 4 s m Rf m ` m a F k M f ~ 0 0 r f =1 -1 -1 I Y^ m, m I. rt d W N ~ r~~l'1 ~ ~ 'a'> C O ~ 17, 0 o 4 o ~En Z N Z 14 5 row m ^ C A n T o W o r v O O~ m fD~ A m m m V 2 Sav N r © a o m 2 3. O Z m I D ~ r~ \ f., .A A, fr, 1 Z _ v n. r O n i to r 0 o Ix N O ~ h H h Q 1 ~ )K` Eta ~,ya ,y t f~ _ o I r i a ~ Io n h ^ CQ n OA O T 7 TI 0 S I : h h O h N ~ Y T \ I ~I y ~ ~ I I I W i I I I j I~ I i i i~~ i l - In o ~ a m! * '~~p! t? `A3 40 tea? Iy } f - ~,m Qc B < "n~~s © { St? fp N 2im 3c *Illy Ott 4-', 1-4 0' f4 Ilk, Aj~ s i ro C+3 tv~lt b JS c<` 4f°HI M a ~ /5 . ~ it pu, .r3 _ Qy4/ / ~ 9. A IC 106 ? IV Jc v ti N y ytT3 b4A.. ~ ~ 4~•. MIG) N4 2)~. b~;:3 yob nay r , ~ ~ 2 NIP TIN Alo' is ~ :'~+bFn r ~ a~ ~ ~ ®~p~i, (oil \ ~u~J, J~ ~y~~~ • COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING October 3, 1995 - I OCT - 6!c i i Mr. Gerarad P. Goehringer Town of Southold Zoning Board of Appeals _ _ j Southold Town Hall Main Road Southold, New York 11971 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Aonlicant(s) Municipal File Number(s) Swanson, Stanley 4326 Whelan, Robert & Denise 4327 Feger (Robert) & Taylor (Therese) 4328 SE Tilden, Florence 4330 Air, David & Claire 4331 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:gcc CA1 WIN601ZONINGLLD616Di326.ZNI 220 RABRO DRIVE ¦ P.O. BOK 6100 ¦ HAUPPAUGE. LONG ISLAND. NY I1788-0099 ¦ (316) 853-5192 FAX (516) 853-4044 APPEALS BOARD MEMBERS o~~gUfFO(,~C Southold Town Hall Gerard P. Goehringer, Chairman o53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa A Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zoning Code, Article III-A Section 100-30.A.1 Variance from Determination of Southold Town Building Inspector Special Exception, Article Section Special Permit Appeal No: 4326 Applicant: Stanley Swanson Location of Affected Land: 30g25 C.R. 48, Mattituck,.NY County Tax Map Item No.: 100- 141-2-21.5(Hamilton) & 141-2-15(Swanson) Within 500 feet of: Town or Village Boundary Line Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission, to ~,aegp lot line which _yq + l l F uzLt h e &d U } h } + 1 f I l A l 7 7 1 c 0 2 93 Copies of lawn file and related documents enclosed for your review. Dated: September 28, 1995 APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman _ 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa '~1Jp1O~ Fax (516) 765-1823 Lydia A, Tbrtora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 21, 1995 Dunewood Truglia, Esq. First St, Bog 222 New Suffolk, NY 11956 Re: Appl. No. 4326 - Variance for Lot Area Exchange Dear Mr. Truglia: Please find attached a copy of the Board's findings and determination rendered at our September 13, 1995 Regular Meeting concerning the recent application for a variance filed in behalf of Stanley Swanson. We have also forwarded a copy of this determination to the Building Department and Planning Board for their permanent records. You should be aware that the Suffolk County Department of Planning may be forwarding correspondence to you (or the property owner) since this is a project located within 500 feet of a waterway (ref. Administrative Code of Suffolk County). It is expected that the county will refer the matter back to the Town rather than taking action for disapproval or approval. No further steps are required on your part since our office sends a copy of the variance file to the county directly. If you have questions, please feel free to call. Very truly yours, dEC.~GJFd.. A2da Kow1'~JLalski Enclosure cc: Building Department Planning Board ` T~~S ~iec~~o ~ s s 6e coHgrcyGel' fo a~ I -~-wa.nsor s , ~i S `9~Qy sue. R~ o- a -P OO 1V1 se a P w\ 2s Vol ! P101F ~a O r 2 . \ qtr " ; to f /lC T, ~ bD U..~Mr~ qA.s~ s y. CERTIFIED TO, FIRST AMERICAN TITLE OF NEW YORK AREA 3.4958 ACRES SOUTHOLD SAVINGS B/ ROBERT 0. HA MIL TON St4rce-L, o/'s , p Lp \L m{ 0 Prepared In accordance with the - N.Y.S. LIC. NO. 49618 standards for Illle surveys as es APPEALS BOARD MEMBERS ~o~~gOFFO~,f COQ Gy Southold Town Hall Gerard P. Goehringer, Chairman o° 53095 Main Road Serge Doyen, Jr. H at P.O. Box 1179 James Dinizio, Jr. O .F Southold, New York 11971 Robert A. Villa y~ol ~a0~. Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD September 5, 1995 Dunewood Truglia, Esq. First Street P.O. Box 222 New Suffolk, NY 11956-0222 Re: Appl. No. 4326 - Swanson and Hamilton Variance Lot Size Exchange /Adjustment Dear Mr. Truglia: Attached please find a copy of the Legal Notice published by our office for the above-noted public hearing to be held on Wednesday night, September 13, 1995 at the Southold Town Hall. At this time we ask that the enclosed "Notice" be posted at the subject premises in a conspicuous place (facing the road on a stake, or if necessary a tree) where it can be easily seen by passersby. After it has been posted for five days, please return the enclosed confirmation to us by mail or you may submit it during the hearing. Thank you. Very truly yours, Linda Kowalski Enclosures APPEALS BOARD MEMBERS ~O~~gUFfO~~ CO ti Gy Southold Town Hall Gerard P. Goehringer, Chairman o 53095 Main Road Serge Doyen, Jr. y x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y?JOl Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS:TOWN OF SOUTHOLD ------------------------------------x In the Matter of the Application of STANLEY SWANSON (and ROBERT HAMILTON) -------------------------------------x CONFIRMATION OF POSTING I, residing at being duly sworn, depose and say: That on the day of September, 1995, I personally posted the property located along the south side of Horton Avenue, Mattituck, NY by placing the Town's official poster Notice on a stake or fence on the subject property facing the road where it is easily seen, and that the poster has remained in place five days prior to the date of the public hearing (date of hearing noted thereon to be held September 13, 1995.) Dated: September 1995. (signature) / STATE OF NEW#RK ) PUBLICIERARM, ) SS: NU17CBfsHEMYGt~ Out,- COUNTY OF SUFFOLK SUM to Section of the ) J fNW tie Code of the To" Town t.gw, do the 1~~ is a i;kl gU fat a RiBurlat Mating of the + r,~l(IS~1,(1C~. {J1JC CX( SOUTHOLb TOWN BOARD .OF of Mattituck I S. at In said County, being duly sworn, says that he/she Is 533895 095 the Southold Town Hall, 5 Main Road, Southold, New York 11971, an WEDNESDAY, S Principal Clerk of THE SUFFOLK TIMES, a Weekly t1ER I3, If9a cormrr,e,rcingat EpTE81• theflou Newspaper, published at Mattituck, In the Town of apeL 7:3 below t'"` ° Southold, County of Suffolk and State of New York, and that the Notice of which the annexed Is a DAVID "d CLAIRE AIR. Vadantts based upon the August 1. 1995 Notice printed copy, has been regularly published in said or Disappanv&I issued by the OrBuilding Impwar pectar undle der N.teZoNng.Opd)nnce, dinance, ' Newspaper once each week for weeks Articles XXIV, Section 10 and vely, conun Ing on the day of 100W24 -243A, and )(XIII,Section section loo- a teas .w23%4.8 I 'stmct' , mural` silent Ohl I and increase f Oor area of principal building, n with nonconforming sfdeyarl front yW ard and bscka and with and l~ tl~l/. fM / m \.~/IIUW laJL 1 _ , _ _ forming wa(s). and to corletiucl deck addmon, seaward Of existing buildlug wetback One (Within 75 ten of$saw&,, . CHRISTINA VOLINSKI Locetiod of Prppery: 2072 V1ua) l r ` ~f01tryPublic, State of Now York JAM-0 Principal Clerk (ieol 1'~I-flpti!~~4-Y 2 \ t No 6004884 Qualified in Suffolk County 2. 7:38 pm A 1. No 43 1}~. - Commission Expires November 23, Vadarrce based upon die' Ja y 311 1995 I/ ' ' ~ ,r ~~/.JDIU u Notice of Disapproval from ! the , Building Inspectoq"d'~Artlple" IIIA, \ Notary Public Section I00.30A.4 (ref. il00-33),.for a " building permit to txmatiuct eceersory building in an area other than the Sworn to before me this required rear yard. The subject proper- b e ty contain su're' of approx. 20,400 day of 5[l 1 19~ +9~AiasoroetsN i 600 unnlow, Lane. 3. 7:43 p.m. Appi. No. 4326 -1 STANLEY and SHARON SWAN., SON Varimm based spathe AugustI _ S 1996 N.otka otDi vat flan the Build)nf'N 1hY ids, 'Art 41 fA Sectlat (i311 SM'3 exchange property (lot fine adjustment) which will reduce the mqutmd total area of parcel 1000-141.2-2L5 (owned by Robert Hamilon) and increase the area of parcel 1000-141.2-15 (owned- by Stanley and Sharon: Swanton) by f approx. 81124 q, fl. Propery l.ocaNon: Southerly side of Horton Avenue, Manituck, Alto referred to as part of Lot 83 on the minor Sub vision map approved 4.12-93 by the Planning Board for Robert D. Hamilton, - 4. 7:47 p.m. Appl. No. 4328 - ROBERT FINGER and THERESA TAYL011++~~~~*S,peetal Exception under Accessory FBed and Break at Use in 1 conjunction with the owner($ existing. single-family residence for the purpose of mining grd serving of breakfast toa , maximum ofafx (6) tmmlpiti oot rtt 9 than 1hree;ibedrodt61 hlli;)&0 * Location of Pyopdt'yt •S 7diW>Iln) Point Road, Cute hogue,- NY; Parcel No. 10000.1 i I-8-19. 5. 7:50 p.m. Appl. No. 4330 - FLORENCE TILDEN. Variance based upon the July 26, 1995 Notice of ;Disapproval,_fsOm .the,.-Building 0 j rA'~ JIfA:' on,too- ganse addit it an insufficient from yard and side yard setbacks. Location of Property: 3100 Deep Hole Drive, Mattituek. NY: Parcel No II51 p~:3! Yidl?AppPp IC"HkI6SfySTOPHRR '11I IICERL, variance based upon the July 24,1995 Notice of Disapproval from: the Building Inspector, Article XVIII, Section 100.181C(3) for permission to construct it single-family dwelling with fliciem (rota yid setback In this luau cluster de'yelopment 9:iseapon of Propeny13gi143s +Bve Cute hognbb -NY, Cou ap"• Parcel No: 102 IA 4 7. 800 'p.m. App1. No. 4332 - ARTHUR RAF, Varierta based upon - the August 6, 1995 Notice of Disapproval from the Building Inspector, Amick IIIA, Section 100- 30A.4 (ref. 100-33C) for permission to construct detached, i'i fronryNd uei'oii't(di - cel with'veduied milticiix location of _ property: 1020 ' Strobson Road, Cutchogw, NY; Parcel No. 1000-103- 10-25. . 8. 8:05 p.m. Appl. No. 4134'- ESTATE OF CLOTILDA OLIVER. Variance based upon the, August M, 1995 Notice of Disapp cyal from the APPEALS BOARD MEMBERS h~o~~SOFFO(,~-~oGy Southold Town Hall Gerard P. Goehringer, Chairman o= :~c 53095 Main Road Serge Doyen, Jr. W x P.O. Box 1179 James Dinizio, Jr. O yc Southold, New York 11971 Robert A. Villa y'JJp! ~a0~ Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Sept. 13, 1995 SEQRA UNLISTED ACTION DECLARATION Appeal No. 4326 Project Name: Stanley Swanson/Robert Hamilton County Tax Map No. 1000- 141-3-21.5 and 15 Location of Project: 870 Horton Ave., Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Lot line change (Hamilton 141-2-21.5 to Swanson 141-2-15) This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the Project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { XJ this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings: (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. me FFO(, , • JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK c = P.O. Box 1179 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823 MARRIAGE OFFICER Telephone (616) 765-1800 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning. Board of Appeals FROM: Office of the Town Clerk DATE: August 8, 1995 RE: Zoning Appeal Appl. No. 4326 - STANLEY & SHARON SWANSON Transmitted herewith is Zoning Appeal Appl No. 4326 - STANLEY & SHARON SWANSON together with a letter from Dunewood Truglia, the attorney representing the Swansons dated August 2, 1995, a copy of the application for Building Permit, the Notice of Disapproval from the Building Department, a copy of the property map, the Notices to Adjacent Property Owners, the Questionnaire from the Zoning Board of Appeals, the Short Environmental Assessment Form, a letter from Dunewood Truglia to Rudolph Bruer dated August 8, 1995, a copy of the deeds and a copy of of the Survey for Lot Line Change. Judith T. Terry Southold Town Clerk 1 DUNEWOOD TRUGLIA ATTORNEY AT LAW First Street P.O. Box 222 New Suffolk, NY 11956 516 - 734 - 6450 Fax 516 - 734 - 5152 August 2,1995 Tom Fisher, Southold Building Department Town Hall 53095 Main Road Southold, NY 11971 Re: Lot Line Change, Triangular Piece from Hamilton to Swanson, Horton Avenue, Mattituck, NY; Suffolk County Tax Map # 1000 -141 - 02- 21.5 (Hamilton Property) Suffolk CountyTax Map # 1000 -141 - 02 -15 (Swanson Property) Dear Mr. Fisher: On behalf of my clients, Stanley Swanson and Sharon Swanson, I submit herewith for your consideration and approval, an Application For a Building Permit as part of a lot line change on properties located in Mattituck, NY. The project name is Lot Line Change, Triangular Piece from Robert D. Hamilton to Stanley Swanson and Sharon Swanson, Horton Avenue Mattituck NY. Please note that the sum total of the change which we are requesting has to do with the alteration of a lot line on a sub-standard lot ( Hamilton There is no construction or change of use planned and we were told that this request was necessary to obtain a denial from your department as a first step in proceeding with a lot size variance in order to support the lot-line change application. The reason for the change is the settlement of an action commenced by Swanson against Hamilton to secure an easement by prescription over an existing dirt driveway which runs between the parcels owned by Swanson and Hamilton respectively. (Swanson v. Ha nilion, et al; Supreme Court, Suffolk County, Index No. 94 -12702 As part of the settlement, the parties have agreed to transfer an irregular triangular piece for a valuable consideration as a means of settling the easement issue, see attached survey diagram for ease of reference. There will be no change in the character or use of the property, only the ownership will change. i DUNEWOOD TRUGLIA ATTORNEY AT LAW I can be reached at the letterhead address. Please call if you have questions. Thanking you in advance for your consideration, I am Very truYood yours, Duneruglia Attorney for Swanson cc: Linda Kowalski Robert Kassner Rudolph Bruer, Esq. DT/NS/tim 2 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because, an amicable settlement has been arrived at to dispose of the pending litigation between these adjoining property owners. Without being able to have a Lot Line change granted administratively by the Town of Southold, the parties would be forced to continu the litigation over the prescriptive easement which Concerns a dirt driveway which has been in existence and use since Swanson's predecessor built the house in 1963. Hamilton Purchased the adjoining property in 1991 and in 1994 a dispute arose over the use of the dirt drive, which resulted in the instant litigation. Swanson's children need to continue to use the dirt. drive to board the school bus from Horton Ave., a much safer access than via Route 48, a divide( highway. The Swanson's need continued access to the Horton Ave., driveway when returning home from a westerly direction and the driveway itself has been so used by their predecessor ( Haas) after Route 48 became a high speed divided highway. Hamilton has only recently blocked access to that portion of the irregular triangular piece which is the subject of this application. The piece is virtually unuseable to Hamilton because of its position on Horton Ave, and should be a part of Swanson's parcel, which, if permitted by the Town, would solve the problem in toto. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because this concerns a dirt drive which runs along the boundary between these two property owners ( see survey map attached to application The Lot Line Change would permit Hamilton to convey to Swanson ( by purchase ) an irregular triangular piece ( approx. 8,129 sf ) which would then be merged into Swanson's lot and which would not exist as a separate sub-standard parcel. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because there would be no change at all in the character or use of these residential properties. The end. result would be that Hamilton's,lot would be 8,129 sf smaller and Swanson's lot would be 8,129 sf larger. Both lots now contain single family resi- dential houses and no building or other changes are contrnplated. The granting of the area variance on Hamilton's lot SCTM # 1000-141-2-21.5 would enable the Lot Line change and would facilitate the settlement of the suit between the parties ( Swanson v. Hamilton Both Swanson and Hamilton have agreed to this transfer and seek Town approval. There would be no detriment whatsoever to the health, safety and general welfare of the neighborhood or community if the variance were to be granted. STATE OF NEW YORK ( nom` COUNTY OF S4TEo t) Signature Sworn to this day of..................... 19q~ Notary Public MWAK Opp M lft"Akft Am TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE August 7r, 1995 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) S.RIMY....)J4T?n.~~nanson .............of .3325„Route 48 Name of Appellant Street and Number Mattituck NY 11952 HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . DATED /2/K....... WHEREBY THE BUILDING INSPECTOR DENIED TO STanley and Sharon Swanson for Lot Line Change: Hamilton to Swanson Name of Applicant for permit of approx. 8,129 sf ( triangular piece) of pacel owned by Hamilton, SCPM # 1000-141-2- . . . . lity State 21.5 . an . d Number Street . M . unicipo . ( ) PERMIT TO USE located on Horton Ave., Mattituck, Ny 11952 ( ) PERMIT FOR OCCUPANCY (X) Area variance; lot Line transfer from Hamilton to Swanson 1. LOCATION OF THE PROPERTY $.7R.a=tcui..Aue_.,..MttaiuCJS.r..Jay Street /Hamlet / Use District on Zoning Map District 1000 Section 141Block 2 Lot 21.S Current Owner i;Iobert D. Hamilton Mop No. 9343 Lot No. 3 Prior Own e r Bobert D. Hamilton 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III A Section 100-30A-3- 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X ) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (}Rfla1 (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( )-request fora variance and was made in Appeal No .................................Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (X) Area variance for SCIM # 1000-141-2-21.5 to permit transfer of triangular piece ( 8,129 sf) is requested for the reason that as part of a settlement of a lawsuit now pending in Supreme Court Suffolk County ( 94-12702 Swanson v. Hamilton Suit was brought to impress a prescriptive easement over the use of a dirt drive which runs between these adjoining neighbors, ( see map attached to app)~aal.on As part of the settlement Hamilton has agreed to Form isI - on inue on other side) transfer an irregular triangular piece to Swanson so that the dirt drive will then be entirely on Swanson's land. There will be no change to the character and use of these resider} ial properties and the variance is sought as a)Ar1Be i>nE Line Change which has been concurrently appliel0 Planning Board. CA t 2L~N1 M Nd. 9 3o A, '4 1 ~bo- ^o ti !h ~ti r~ i tK A o ' \6629 A3 6A 3sh1g~~ 7, 19,9 `r+ d' c8 A/ 'c23 S94J ;1\ y~ Q dr j 'e -9 SRff r/~/ ~7, K f~ ~j- r°,oo 09J IVAN 46- 4e ~ 1 Dot(( Arlt f IV h iQ\r ,y i i ~fjE NEW yo y~ p \ t. Metz Q 4~if ~'T4'~I~S'~tyt~9 F o ~0 k~Q~~YOF l~TA~° "w"~dAR / Mj f e . S. UC. NO. 49618 AU. r °ECONW/IIF~r../~' t: t7lPS, P. r..~iau ftdiis~ r °pv BOARD OF APPEALS TOWN OF SOUTHOLD In the Matter or the Petition of Stanley Swanson and Sharon Swanson NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT PROPERTY OWNER TO: YOU ARE HEREBY GIVEN NOTICE: 1. That , the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a Variance (Special Exception) (Special Permit) (Other) [circle choice] Area varian t to permit a lot Line Change • no chancre in rharacter_4, 2. That the property which is the subject of the Petition is located adjacent to your property and is des- c ) cribed as follows: That portion of the narr,,el n u ' U t cr•rn^ 3000-141-2-21 Which . Dna ctG nf.ari_' l and bore --a nvey merged with land of Swanson (SCPM # 1000-141-2-15 ) in settlement of lawsuit gvgr use of, driveway. 1~4bhai the property which is the subject of such Petition is located in the of owing zoning ,strict: 4 That b~ such Petition, the undersigned will request the following relief: An area srarianoe to ~t conveyance of trianciltlar~iece from Hamilton to Sw n_ * a,; a Tot T ' ChapGje a-w Be character o tc Of -p- rt cbmw4 +t 94-12702 pending in Supreme Ct. Suffolk County. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section 690 - 30 .4 3 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: August 7 1995 Stanley Swanson and Sh~mn Staancnn Petitioner Owners'Names: same Post Office Address 3325 1423t,- g8 - Tel. No. (516 ) 734 - 6450 By: Duncwood Truglia, Esq., Attorney for Petioners First Street P.O. Box 222, New Suffolk, NY 11956 S. 16 = 39t°- ~50 [Copy of sketch or plan shotivng proposa o attached for convenience purposes.] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS 1. A.J. Antongeorgi, Jr Sound Ave., Mattituck, NY 11952 SMI # 1000-141-2-14.2 2. North Fork Church of Christ, Inc. C/o Noonan R. Reich 1676 Rocky Pt. Road, East Marion, NY SCIM # 1000-141-2-2114939 3. Rosemary Byrnes Main Pd., Laurel NY 11948 SCPM # 1000-141-2-4 4. Julian & Jean Czuker 700 Horton Ave., Mattituck, NY 11952 SMI # 1000-141-2-5 5. Stanley and Sharon Swanson 3325 Route 48, Mattituck, NY 11952 SCI'M # 1000-141-2-15 6. Robert D. Hattulton P.O. Box 398, Southold, NY 11971 SLIM # 1000-141-2-21.5. STATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) Dunewood Truglia, Esq. residing at cutchoque, New York being duly sworn, deposes and says that on the day of ug 19 deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at New Suffolk, NY ; that said Not' s wee mailed to each of said persons by (certified) (registered) mail. ' Tru Sworn to fore me this Dunewood ia, day of 19 S 7 z.G~~c Notary Public MARY ANN CYSULSKI Notary Public, State of New York Residing in Suffolk County No. 52-5895900 Commission Expires April 30.19-90 M (This side does not have to be completed on form transmitted to adjoining property owners.) ot _ II~V ~r~iyd~~~~v g ~ It Ito, top ti pA' 2 - m a 62~ A O %0 f `6 6 Cep 1~, . VO_ k O. v r ~/J, ~~osedl \I ith'f9i9% \ S 0 99 SW - r , \ s a A IPO 9 v, y~C 1~~ dJ ~ ~e v e i ~ Yly s ,f d 4 Q 1r 4, sue. ~ ikqlp OF NEW MEtrQF \h ~III~` S, L1C. NO 49618 l'E GlN1 ORSd P.C. d 15161 166-14 - - - - 14 16.4121871-Text 12 PROJECT I.D. NUMBER 6 17.21 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) t. APPLICANT /SPONSOR 2. PROJECT NAME Stanley Swanson / Sharon Swanson Lot-Line Change: Hamilton to Swanson 3. PROJECT LOCATIOMN attltUCk, NY Suffolk Municipality County 4. PRECISE LOCATION (Street address and road Intersections, prominent landmarks, etc., or provide map) Swanson Property SCI'M #1000-141-02-15 Hamilton Property SCUM #1000-141-02-21.5 Piece to be conveyed is westerly irregular triangular portion of Lot #3 of the Robert D. Hamilton Subdivision; Filed Map #9343; Swanson street address 3325 Rt. 48, Mattituck, NY 5. IS PROPOSED ACTION: ® New ? Expansion ? Modificationtalleralion 6. DESCRIBE PROJECT BRIEFLY: As part of a settlement of Sup. Ct. Suffolk County #94-12702, Swanson v. Hamilton, Hamilton will convey by deed and Swanson will purchase an irregular triangular piece of Hamilton's land ( approx. 8,129 Elf ) in order to settle a dispute between these adjoining property owners over the use of an existing dirt drive running from Swanson's land over Hamilton's land. 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8,129 sf irr lar triangular pies 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING On OTHER EXISTING LAND USE RESTRICTIONS? ? Yes ® No 11 No, describe briefly while there will be no change as to character or use of land affected, Hamilton's parcel will be sub-standard in area and must have an area variance granted in order to facilitate said lot line change. 9. WfH~AT IS PRESENT LAND USE IN VICINITY Or PROJECT? W Residential ? Industrial ? Commerclal ? Agriculture ? Parkli'mesllOpen space ? Other Describe: Pesidential adjoining properties not affected by lot line change since there will be no change in the character or use of either property. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW On ULIIMATFLY FnOM 4NY OTHEn GOVERNMENTAL AGENCY (r EDEnAL STATE On LOCAL)? ? Yes ® No if yes, list agency(s) and penNllapprovais it. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT On APPROVAL? ? Yes Mo If ye, list agency name and permlllapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PEnMITIAPPnOVAL REQUIRE MODIFICATION? ? Yes RI No 1 CERTIFY IT~HAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE REST OF MY KNOWLEDGE Dale: Arpllcantlsponsor n e: ?utezl ~ha iron"_s UxJL~ ~~ce_;xLM.cR1C~ Slgnnlure. If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER t PART II-ENVIRONMENTAL ASSESS (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 8 NYCRn, PART 817.127 II yes, coordinate the review process and use the FULL EAF. ? Yes ? No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 817.67 If No, a negative der:larallon may be superseded by another Involved agency. ?Yes ?No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH TIIE FOLLOWING: (Answers may a handwrlllen. If legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: • Ca. A community's existing plans or goals as officially adopted, or a change In use or Intenslly of use or land or other natural resources? Explain brlelly. C5. Growth. subsequent development, or related activilles likely to be Induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified In Cl C5? Explain briefly. C7. Other Impacts (including changes in use of eilhor quantity or type of energy)? Explain briefly. 4 0. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ? Yes ? No If Yes, explain briefly PART 111-DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect Idenll(led above, determine whether Ills substantial, large, Important or otherwise slight flcant. Each effect should be assessed in connection with Its (a) setting (I.e. urban or rural); (b) probability of occurring; (c) duration; (d) Irreversibility; (e) geographic scope; and (f) magnitude. It necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse Impacts have been Identified and adequately addressed. ? Check this box if you have Identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF andfor prepare a positive declaration. ? Check this box if you have determined, based on the Information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental Impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of lea Agenr-i y Punt or type Name o Responsi e O firer in ea Agency lit e o Rnponsi a OI icer ~gnafwt o Retpomi e O icer in lea Agency ignafure o reparer I erem rem remonu e o fired b Date 2 QUESTICNNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. SCTM # 1000-141-2-15 will purchase 8,129 sf as a Stanley and Sharon Swanson owners lot ang pie Ibbert Hamilton a joining own 21.5 Upon pur se, iangu iece to be merged B. Is the subject premises listed on the real estate market far sale or being shown to prospective buyers? { } Yes (X } No. (Sf Yes, ease attach =py of 11condit3 nns" of sale.) C. Are there any Fraposals to change rr alter land contours? { } Yes (X) No D. I. Are there any areas which contain wetland grasses? no 2. Are the wetland areas shown an the map submitted with this application? no 3. Is the property bulkheaded between the wetlands area and the upland building area? n /a 4. If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? n /a E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? n /a (I£ not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fens which wrist and are not shown on the survey map that you are submitting? none If none exist please state "none. 11 G. Do you have any construction taking place at this time concerning your premises? none If yes, please submit,a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? yes If yes, please explain where or submit copies of deeds. Robert Hamilton owns other lots in the ibbert D. Hamilton Subdivision Filed Map # I. Please list present use or operations conducted at this 9343. parcel e in character or use of parcel survey see proposed use game ac nrasent use, no chan e conENTratrM- _ attached tom petitioners- application. AU trio r:i ~ Signature and Date 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN - The Town of Southold. TRUSTEES - The Board of Trustees of the Town of Southold. (Added 645.84 by LL- No. 6-19841 WEiT NDS (Amended 8-26-76 by LJ No. 2-1976: 3-26- 85 by LL No. 6-I985): A. i1DAL WETLANDS: (1) All lands generally covered or intermittently cov- ered with, or which border on. tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks, bogs, salt marsh. swamps, meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following. salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel. marshmallow and low march cordgt'nssaaaar (3) All land immediately adjacent to a tidal wetland as defined in Subsection AM and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 21, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- %vard edge of a "freshwater wetland:" 9705 2•zs.es DUNEWOOD TRUGLIA ATTORNEY AT LAW First Street P.O. Box 222 New Suffolk, NY 11956 516 - 734 - 6450 Fax 516 - 734 - 5152 August 8, 1995 Rudolph H. Bruer, Esq. Edson & Bruer P.O. Box 1466 Southold, NY 11971 Re: Swanson v. Hmnillon, et al; Supreme Court, Suffolk County, Index No. 94 -12702 Dear Rudy: In view of the proposed settlement between our clients in the abovereferenced matter we have initiated a lot line change application. The Zoning Board informs me that Mr. Hamilton's lot (SCTM # 1000-141-2-21.5) will need an area variance prior to the conveyance of the triangular piece to Swanson. We have already filled out the necessary forms and our clients will split the costs involved as previously agreed. Kindly indicate your consent to proceed in this fashion by returning a copy of this letter together with copies of deeds to the subject parcel ( back to 1970 along with a signed consent to the transfer which we'll need for both the lot line change and ZBA variance applications. The fees to date are estimated at: $800 - Peconic Surveyors 25 - Building Department 150 - Zoning Board Variance Application 150 - Planning Board Lot Line Change Application 15 - Certified mailing to adjoining property owners for variance application. Very.. ruly yours, Dunewood Truglia Attorney for Swanson DUNEWOOD TRUGLIA ATTORNEY AT LAW Letter to Rudolph H. Bruer, Esq. re: Smmnson a, Hamilton August R, ]995 Accepted and agreed to by: _ olph H Bruer, Esq. for Robert D. Hamilton enclosures cc: Stanley and Sharon Swanson by facsimile Michael Spithogiannis, Esq. Vincent K. Loughlin, Esq. Alan M. Rubin, Esq. DT/ NS/ tim 2 F'm:n Joov 2-88-SM -ttargain and gate Deed. with Covenant sgai nal Cranmr', Aetn A di v idusl nr CnrOanuon CONSULT YOUR LAWYER 21 SIGNING THIS INSTRUMENT-THIS INSTR~T SHOULD BE USED BY LAWYERS ONLY. i Y.S.Y X4830 p!50;' ransfer 30 t(;7 ax 680.00 THIS INDEN VM made the 28th day of March nineteen hundred and eighty-nine BETWEEN JOHN HAAS, residing at 3325 County Road 48, Mattituck, New York party of the first part, and STANLEY E. SWANSON and SHARON M. SWANSON, his wife, residing at 550 Knollwood Lane, Mattituck, New York party of the second part, WITNFSSETH, that the party of the first part, in consideration of Ten and 00/100------------ ($10.00)---------------------------- dollars. lawful money of the United States. and other valuable consideration paid by the party of the second part, (lots 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, v,ith the buildings and improvements thereon erected, situate, lying and being in the See attached Schedule A. Premises are the same as those described in Liber 4856, co 93 to John Haas and Ruth Virginia Haas, his wife. Ruth Virginia Haas died 5/14/80, a resident of Suffolk County. Premises are not subject to a Credit Line Mortgage. r~s~1~r 1000 141.00 v 16 rat 02.00 I,a x 015.000 E ti\ ~pr to 1 APR 6 1989 3 r::~ l~)u~:v I.t11t1 PIEW YOM COUNTY Sh°FOLK u: STATE OF NaYOU 1UNTT OF pr~ 1 ire 28th day of Mar 1989 , before me Oa the day of 19 before me ,,ersomally came personally came JOHN HAAS to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same, executed the same. Notary Public AICHAAD F. LAW Notary Public, Statr of Now York No. 7432500 • Suffolk County Commission Expiras Aug. 31, IM STATE OF NEW YORE. COUNTY OF sr: STATE OF NEW YORK. COUNTY OF ss: On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. ]Bargain anb *air ;Deeb SECTION N'II11 COVFNANI AGAINST GRANJORs ACIs TI TIE No. C- G.G<c L C S BLOCK LOT JOHN HAAS COUNTY OR TOWN T:1S BILLING ADDRESS to STANLEY E. SWANSON and SHARON M. Recorded At Request of Tim Tine Guarantee Company SWANSON utottN BY ?ua to: Wickham, Wickham & Bressler, P.C Main Road, P. O. Box 1424 Mattituck, New York 11952 TICOR TITLE GUARANTEE Zip Ne. V W r u z 0 0 0 r 0 S tl~~~,y~t V l~llflf v 05 ~ r1V v 6~` HV rn W Q ..$f }1~~K with ail m' - title anti interest, It any, of Inc parry urr * nrst part in anti to any streets 'Ina loads abutting the above ibed premises to the center lines thereo r•.,, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to i, said premises, TO HAVE AND TO HOLD the premises herein granted unto th!'pSrty 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 prerniVs hate been incumbered in am way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part Icts duly executed this deed the day and year first above written. IN PRESENCE OF: s John Yas i - 10810 408 • , ~ SCYrDUIE A p ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, C~ in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: PFGINIIlNC+ at a poinL on the northwesterly side of Middle Roa3 (C.R. 48) distant southwesterly 667.71 feet from the corner formed by the intersection of the westerly side of Westphalia Avenue and the nortivoesterly side of Middle Road (C.R. 48); RLRINVU, 91inur, southvnesterly along said northwesterly side of Middle Road (C.R. 48): (l) South 34 degree 48 minute, 43 seconds West, 9.81 feet to a monument; and (2) Along an arc of a curve bearing to the right having a radius of 1829.86 feet, a dist,xx'e of 203.19 feet to a monument and land now or formerly of Anthony J., Jr. and Denise E. Antongeorgi; 11tEICE North 62 degrees 52 minute, 20 seconds West along said last mentioned land, 222.83 feet to a pipe and lard now or formmrly of Northeastern Bible College; 711F.)CE 1k)rth 34 clegrees 56 minutes 10 seconds Fast along said land now or formerly of Nortlieastern Bible College, 150.59 feet to a mnutrent; said land now or 11}EtCF South 67 dcr3rees 36 minut(- 00 secords East and still along fornerlyOf M rthecrtern Bible Cplacee, 321.79Nf et to the northwesterly side of Middle of BEGING. Road (C.R. 48) and the point or Suod.rd N. Y. a. T.U. Fmm 9007-5-60-20h1- Ragpin and We Deed. wirh Cn,e...c og.ime Gnnror'r Ac,r-Indi,idwl nr Corpt{gFR/{.(''.)I) PA ( ¦ _ - rF . CONSULT YOUR LAWYER 8*E SIONINO`TNIS INSTRUMENT-THIS INST1146T SHOULD BE USED RY LAWYERS ONLY. i THIS INDENTURE, made the 0-f day of August nineteen hundred and Sixty BETWEEN WILLIAM E. SATTERLY, residing at Riverhead, in the Town of Riverhead, County of Suffolk and State of New York, party of the first part, and JOHN HAAS and RUTH VIRGINIA HAAS, his wife, residing at Mattituck, in the town of Southold, County of Suffolk a. and State of New York, s v m a~ w INC: party of the second part, WITNESSETH, that the party of the first part, in consideration of One and 00/100 ($1.00) 4ollars, lawful money of the United states,and other good and valuable considerations 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, vr4rthe-bKi4f}n>g+R".1-in~xr~neikaMhene+~rere"", situate, lying and being-- -thr at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as followa:- BEGINNING at a point on the northerly side of Middle Road where the same is intersected by the easterly line of land now or formerly of John J. Haas; running thence along said land now or formerly of John J. Haas, North 62° 521 20" West 248.214 feet to land now or formerly of Edith Young, running thence along said land, North 340 561 10" East 150.59 feet to land now or formerly of Harry C. Oliver; running thence along said land, South 67° 361 00" East 351.52 feet to the northerly side of Middle Road; running thence westerly along the northerly side of Middle Road, along A curve bearing to the right, having a radius of 1849.86 feet, a distance along said curve of 216.41 feet to the point or place of BEGINNING. EXCEPTING so much therefrom as lies between the original northerly high water mark of Mattituok Creek and the north side of Middle Road (County Route # 27 A). BEING and intended to be the same premises as oonveyed by Richard T. Gilmartin, as Commissioner of Public Welfare, to William E. Setterly by dead dated February 4, 1948 and recorded in the Suffolk County Clerk's office on February 9, 1948 in Liber 2798 of deeds, page 329. !IBEa4n tj PAGE y1 TOGETHER with all riotitle and interest, if any, of the party of Ofirst 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 onto 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 incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenavts that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for :my other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above ritte.n. IN PRESENCE OF: William E. teerly STATE OF NEW YORK: :SS COUNTY OF SUFFOLK: On this kvday of August , 19609 before me came WILLIAM E. SATTERLY, to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same. RECORDED AUG 10 1960 00000 M. Lirtrr 11riIrR PUBLIC, 9rAIE Of NEt YOIU f S'P A• Residing in Suffolk 0010 1p es Mch 30,19.0 j NORMAN E. NUPP 001111111110111 f , i Clerk of Suffolk County .STATE OF NEW YORK. COUNTY OF * sa: STATE OF NEW YIP COUNTY OF , \ On the day of 19 before me On the day of 19 before me personally came personally came. to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that executed the same. executed the same. STATE OF NEW YORK. COUNTY OF se: STATE OF NEW YORK, COUNTY OF 5s: On the day of 19 before me On the day of 19 before me personally came personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that lie resides at No. whom I am personally acquainted, who, being by me duly 'I sworn, did depose and say that he resides at No. that he is the of that he knows the corporation described in and which executed the foregoing instrument; that he to be the individual j knows the seal of said corporation; that the seal affixed described in and who executed the foregoing instrument; to said instrument is such corporate seal; that it was so that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same; and that he, said witness, tion, and that he signed h name thereto by like order. at the same time subscribed to name as witness thereto. oa " ti c w P4 F ~?H L z -o W °0 Jc S1 p ) 4 - i tp U, + z r ° o 43 I LJ v 14K z f - . i LL W V ° 0R o AUG o lsso ' N / ~ C fYtl. 7 .I ~ 0 RMAN E. Ipp erk of Suffolk County V Q v ' N N_ f W N W ! DUNEWOOD TRUGLIA ATTORNEY AT LAW First Street P.O. Box 222 New Suffolk NY 11956 516 - 734 - 6450 Fax 516 - 734 - 5152 August 3, 1995 Richard G. Ward, Chairman Southold Town Planning Board Town Hall 53095 Main Road Southold, NY 11971 Re: Lot Line Change, Triangular Piece from Hamilton to Swanson, Horton Avenue, Mattituck, NY; Suffolk County Tax Map # 1000 - 141 - 02 - 21.5 ( Hamilton Property ) Suffolk CountyTax Map # 1000 -141- 02 -15 (Swanson Property) Dear Mr. Ward: On behalf of my clients, Stanley Swanson and Sharon Swanson, I submit herewith for your consideration and approval, a request for a lot line change on properties located in Mattituck, NY. The project name is Lot Line Change, Triangular Piece from Robert D. Hamilton to Stanley Swanson and Sharon Swanson, Horton Avenue, Mattituck, NY. Enclosed find the following documents. 1. Application For Approval of Plat 2. Short Environmental Assessment Form 3. Planning Board Questionnaire 4. Notarized Letters of Consent (Swanson and Hamilton) 5. Affidavit of merger 6. Statement as to no grading, roads, drainage or alterations 7. Copies of existing deeds 8. Copies of survey 9. Proposed Declarations of Covenants and Restrictions (Swanson and Hamilton) 10. Application fee check for $150.00 DUNEWOOD TRUGLIA ATTORNEY AT LAW Letter to Southold Town Planning Board ( Lot Line Change, Swanson and Hamilton) August 3,1995 The reason for the change is the settlement of an action commenced by Swanson against Hamilton to secure an easement by prescription over an existing dirt driveway which runs between the parcels owned by Swanson and Hamilton respectively. ( Swanson v. Hamilton, et al; Supreme Court, Suffolk County, Index No. 94 -12702 As part of the settlement, the parties have agreed to transfer an irregular triangular piece for a valuable consideration as a means of settling the easement issue, see attached survey diagram for ease of reference. There will be no change in the character or use of the property, only the ownership will change. I can be reached at the letterhead address. Please call if you have questions. Thanking you in advance for your consideration, I am rs, Very tru/dTruglia Dune o Attorney for Swanson enclosures cc: Linda Kowalski, ZBA Rudolph H. Bruer, Esq. DT/NS/tim 2 APPLICATION FOR APPROVAL OF PLAT To the Planning Hoard of the'rown of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Riles and Regulations of the Southold Town Planning Hoard, and represents and stales as follows: 1. The applicant is the owner of record of the land inner application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to he ..Lot.Line. change. i.n.Fi1.ad.MMp.#9343,,I3Dbert D. Hamilton Subdivision; transfer of triangular piece, Hamilton to Swanson. 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant trader deeds recorded in Snffolk Countv Clerk's office as follows: Hamiton Liber . 11377 Page ..124................. On J11/27/91... 5.CM, 109-141-2-15 ge 507 . On 4/6/89 Swanson Liher .10830 Pa . . . . . . . . . . . . . . . . . . . . . SLIM 1000-141-2-21. 5 Liber Page On Lihcr Page On Liber Patlc On as devised under the fast Will and Testament of or as distributce 8 129 sf + 5. The area of the land is ..r........,_..... ' 6. All taxes which are liens on the land at the date hereof have been paid e e'ft<I~{t i. The land is enri nberml hy ..PPrte mortgage, (s) as follows: (n) Mortgage recorded in Nher Page in original amount of $ unpaid amount $ held by address (h) Aortgage recorded in Liher Page in original atnonit of unpaid autonnt held by address (c) Mortgage recorded in L.iber Page in original amount of unpaid amount $ held by address 3. There are no other encumbrances or liens against the land except ..n,ont The land lies its the following zoning use districts 1-40, Area Variance applied for on the Hamilton parcel to effectuate this Lot Line Mange 10. No part of the land lies under water whether tide .vatcr, strentn, pond water or otherwise, ex- cept ...!t/A I. The applicant shall at Iris expense install all required public improvetnenls. 12. The land (does) (does not) He in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ..n/d 13. Water mains will be laid by n/a and (n) (no) charge will be made for installing said mains. A. It. Electric lutes and stnttdards will be installed by Wa and (a) (no) charge will be ntnde for installing said lines. I1 Gas stains will be installed by n/? r...... and (a) (no) charge will he nude for installing slid mains. 16. If streets shown oil tine plat are claimed by the apldicvrt to be existing public streets in the Suffolk County Ifighwny system, annex Schedule "Il" hereto, to show some. IT. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Ifighway system, annex Schedule "C" hereto to show saute. 13. "There are no existing buildigrs or slructures on the land which are not located and shown on the plat. 19. \Vhere the plat shows propnscd streets which nic extensions of streets on adjoining still- division maps Ineretofore filed, there are no reserve strips al the end of the streets on said existing snaps at their conjunctions with the propnscd streets. 20. In the course of these proceedings, the applirvtl rn'ill offer proof of We as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposer) deed for lots shov;is all reslriclintts, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public intproventrnts will he $-0....... as itemized in Schedule "E" herein annexed and requests that the ntaWrdty of the Performance Bond be fixed at ..r ..a........ years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE 19.... . Stanley Styanson. and ,S Aron. Swanson (Name of Applican I3y (Signature and Iitl 3325 Poute 48, MSQak! NY 11952 (Address) snurn OP NE\V IVRK. COUNTY OF SUFFCILK ss: Or, the day of ugust................... 1995..... before me personally came Stanley. Swanson. and Sharon. Swanson . to me known to be the individual described in and who executed the foregoing instrument, and acknntvledgrd thatthey........ executed the same. Notary Public 0V NEW YORK. COUNTti' OF ss: Oft the day of 19....... before me personally came to ntr Ic om n, tyho heing by me duly sworn slid de- pose and say that resides at No, that is the of the corporation described in and which executed lhr• foregoing instrument; that lutows the sra1 of said corporation; that the seal affixed by order of the board of directors of said corporation. and that signed name thereto by like order. Notary Public August 3,1995 Southold Town Planning Board Town Hall Southold, NY 11971 Re: Lot Line Change, Triangular Piece from Hamilton to Swanson, Horton Avenue, Mattituck, NY; Suffolk County Tax Map # 1000 - 141 - 02 - 21.5 ( Hamilton Property ) Suffolk CountyTax Map #1000-141 -02 -15 (Swanson Property) Gentlemen: The following statement are offered for you consideration in the review of the abovementioned minor subdivision and its referral to the Suffolk County Planning Commission: 1. No grading, other than foundation excavation for a residential building is proposed. 2. No new roads are proposed and no changes will be made in the grades of the existing roads. 3. No new drainage structures or alteration of existing structures are proposed. Very truly yours, Stanley Swanson Sharon Swanson LETTER OF CONSENT TO TRANSFER August 3, 1995 Southold Town Planning Board Town Hall Southold, NY 11971 Re: Lot Line Change, Triangular Piece from Hamilton to Swanson, Horton Avenue, Mattituck, NY, Suffolk County Tax Map # 1000 - 141 - 02 - 21.5 ( Hamilton Property ) Suffolk CountyTax Map # 1000 -141 -02 -15 (Swanson Property) Gentlemen: The undersigned, owner of property located on Horton Avenue, Mattituck, NY, an area shown on Suffolk County Tax Map as # 1000 - 141 - 02 - 21.5, does hereby approve of and consents to the proposed lot line change in which a triangular piece of approximately 8,129 square feet, plus or minus, will be transferred and deeded to the adjoining property owners, Stanley Swanson and Sharon Swanson by the undersigned. This transfer is part of a settlement reached in an action entitled Swanson v. Hamilton, et al; Supreme Court, Suffolk County, Index No. 94 -12702. Said action was commenced to impress an easement by prescription over a dirt drive running between the property of Swanson and the property of Hamilton. As part of the settlement, the parties have agreed to transfer an irregular triangular piece, for a valuable and fair consideration, as a means of settling the easement dispute between themselves. Dated: Robert D. Hamilton Sworn to before me this day of 1995. Notary Public LETTER OF CONSENT TO PURCHASE August 3, 1995 Southold Town Planning Board Town Hall Southold, NY 11971 Re: Lot Line Change, Triangular Piece from Hamilton to Swanson, Horton Avenue, Mattituck, NY; Suffolk County Tax Map # 1000 - 141 - 02 - 21.5 ( Hamilton Property ) Suffolk CountyTax Map # 1000 -141- 02 -15 (Swanson Property) Gentlemen: The undersigned parties, hereby consents to purchase from Hamilton, owner of property located on Horton Avenue, Mattituck, NY, shown on Suffolk County Tax Map as # 1000 - 141 - 02 - 21.5, a triangular piece of approximately 8,129 square feet in area, plus or minus, which will be deeded to the undersigned and thereafter merged with the undersigned's existing parcel. This transfer is part of a settlement reached in an action entitled Swanson v. Hamilton, et al; Supreme Court, Suffolk County, Index No. 94 -12702. Said action was commenced to impress an easement by prescription over a dirt drive running between the property of Swanson and the property of Hamilton. As part of the settlement, the parties have agreed to transfer an irregular triangular piece, for a valuable and fair consideration, as a means of settling the easement dispute between themselves. Dated: Stanle S n n Sharo S anon Sworn to before me this day of 1995. Notary Public 14 16 a (2187)-Teal 12 CPROJECT I.D. NUMBER 617.21 SEQR Appendix C State Environmental Ouallty Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT ISPONSOR 2. PROJECT NAME Stanley Swanson / Sharon Swanson Lot-line Change: Hamilton to Swanson 7. PROJECT LOCATION dttltUCk, Ny Suffolk Municipality M County e, PRECISE LOCATION (Street address and road Intersections, prominent landmarks, no, or provide map) Swanson Property SCI'M #1000-141-02-15 Hamilton Property SCPM #1000-141-02-21.5 Piece to be conveyed is westerly irregular triangular portion of lot #3 of the Robert D. Hamilton Subdivision; Filed Map #9343; Swanson street address 3325 Rt. 48, Mattituck, NY 5. IS PROPOSED ACTION: ® New ? Expansion LJ Modlllcatlon1,1terallon 8. DESCnIBE PROJECT BRIEFLY: As part of a settlement of Sup. Ct. Suffolk County #94-12702, Swanson V. Hamilton, Hamilton will convey by deed and Swanson will purchase an irregular triangular piece of Hamilton's land ( approx. 8,129 sf ) in order to settle a dispute between these adjoining property owners over the use of an existing dirt drive running from Swanson's land over Hamilton's land. 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately acres 8,129 sf irregular trlanglalar pieC 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING On OTHER EXISTING LAND tiSE nESTnICTIONS7 ? Yes ® No If No, describe brleliy While there will be no change as to character or use of e land affected, Hamilton's parcel will be sub-standard in area and must have an area variance granted in order to facilitate said lot line change. 9. WrH~AT IS PnFSFNT LAND USE IN VICINITY OF PnOJECT7 W Residential U Industrial ? Commercial ? Agriculture ? Park/roresllOpen space ? Ollie, Describe: Residential adjoining properties not affected by lot line change since there will be no change in the character or use of either property. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, On FUNDING, NOW OR ULTIMATELY FROM<Y OTtiFn GOVERNMENTAL AGENCY (FEDERAL, STATE On LOCAL)? ? Yes ® No If yes, list agency(s) and permillapprovais 11. DOES ANY ASPECT OF TIIE ACTION HAVE A CURRENTLY VALID PERMIT On APPnOVAL? ? Yes 5 NO it yer, list agency name and permillaPproval 12. AS A RESULT Or PROPOSED ACTION WILL EXISTING PERMIT/APPnOVAL FtEoUIRE MOoirICATION? ? Yes IJ No I CEnTIrY THAT TIIE mronMATION PROVIDED AROVE IS TnuF TO TIIE BEST Or my xkow(.EnGE Applicant/sponsor name: Dale: Signaluret II the action Is In the Con tal Area, and you are a slate agency, complete the Al CoastAssessment Form before proceeding with this assessment OVER 1 PART 11-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 6 NYCRR, PART 817.127 If yes, coordinate the review process and use the FULL EAF. ? Yes ? No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 It No, a negative declaration may be superseded by another Involved agency. ?Yes ?No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may a handwritten, II legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic Patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: • CI. A community's existing plans or goals as officially adopted, or a change In use or Intensity of use of land or other natural resources? Explain briefly, C5. Growth, subsequent development, or related activllies likely to be Induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not Identified In CT C5? Explain briefly. C7. Other Impacts (including changes In use of either quantity or type of energy)? Explain briefly. ti 0. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVEnSE ENVIRONMENTAL IMPACTS? ? Yes ? No If Yes, explain briefly PART III-DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect Identl lied above, determine whether it Is substantial, large, Important or otherwise significant. Each effect should be assessed In connection with Its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) Irreversibility; (e) geographic scope; and (1) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been Identified and adequately addressed. ? Check this box If you have Identified one or more potentially large or significant adverse Impacts which MAY occur Then proceed directly to the FULL EAF and/or prepare a positive declaralion. ? Check this box if you have determined, based on the Information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental Impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lear Aaenry 14--1 or Iype Name o Respomi e O Ilcer in lea Agency Tolle o Rrsponsi a OI icer iRnalure o Relpnmi e O icer in lea Agency .Rnahue o rrParer 11 i event rnm reepom, e o icer) Dale 2 PLAYYING 710;f'RD 1.U`J`Y OSOU `ltO1 1) ~1~ : _fl rev southolcl, N.Y. 11971 (516) 765-1933 QUESTIONNAIRE TO BE COMPLETED AND WIT., YOUR APPLICATIONS -01LMS T0 1'BE PLSNN`i lOTr_BOTRD Please complete, sign and return Board with to the office of the Planning your completed applications forms. If your answer to any of the following questions is ves, please indicate these on your guaranteed survey or submit other appropriate evidence: 1. Are there any wetland grasses on this parcel? Yes D1o (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) 2. Are there any other premises raider your ownership abutting this parcel? Yes No 3. Are there any building permits pending on this parcel? Yes No 4. Are there any other applications pending concerning this property before any other department or agency?(Town , State, County, etc.) Yes No 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes No 6. Was this property the subject of any prior application to the Planning Board? • Yes No 7. Does this property have a vnli.d ce rifi.catt- of occupancy, if yes please submit a copy of same r_Ys No I ce. rtif7 that the above sCatcmcnts ru-e true and Wi.11 be relied on by the Planning 13 arc in considering `-his application. Signature of pro er 7 owner or authorr.ed agent date .y Attachment to questionnaire for the planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the day of 19-, before me personally came to me known to be the individual described in and who executed the foregoing instrumr and acknowledged that executed the , . 3am Notary pu lic DUNEWOOD TRUGLIA ATTORNEY AT LAW First Street P.O. Box 222 New Suffolk. NY 11956 516 - 734 - 6450 Fax 516 - 734 - 5152 August 3, 1995 Southold Town Planning Board Town Hall Southold, NY 11971 Re: Lot Line Change, Triangular Piece from Hamilton to Swanson, Horton Avenue, Mattituck, NY; Suffolk County Tax Map # 1000 - 141 - 02 - 21.5 ( Hamilton Property ) Suffolk CountyTax Map # 1000 -141- 02 -15 (Swanson Property) Gentlemen: My clients, Stanley Swanson and Sharon Swanson, the applicants in the abovereferenced application for lot line change, are agreeable to having a covenant in the deed transferring the abovementioned triangular piece, which would warrant that the piece to be conveyed would not exist as a separate substandard parcel but would in fact be incorporated into the existing Swanson parcel and thereby merge with it. The proposed covenant would read as follows: Should that part of Suffolk County Tax Map # 1000 - 141 - 02 - 21.5 which consists of 8,129 square feet, plus or minus, in area be sold to the owner of the adjacent property (Swanson), this lot will then be incorporated into the adjacent owner's parcel so that the parcel sold to Swanson will not exist as a single substandard parcel. If the parcel is not sold as proposed, it shall then be re-incorporated into the original parcel belonging to Hamilton so that it will not exist as a single substandard parcel. Very truly y ur Dunew o ruglia Attorney for Stanley and Sharon Swanson enclosure cc : Linda Kowalski, ZBA Rudolph H. Bruer, Esq. DECLARATION OF COVENANTS AND RESTRICTIONS This declaration made this day of 1995, by Stanley Swanson and Sharon Swanson, residing at 3325 Route 48, Mattituck, New York. W ITNESSETH WHEREAS, Stanley Swanson and Sharon Swanson are the owners in fee simple of certain premises located in Mattituck, Town of Southold, Suffolk County, New York, known and designated on Suffolk County Tax Map # 1000 - 141 - 02 -15, deeded to them on March 28, 1989 and such deed being duly recorded in the office of the Suffolk County Clerk on April 6, 1989 in liber 10830 page 507. WHEREAS, said Stanley Swanson and Sharon Swanson were required by the Southold Town Planning Board as a condition of its approval to a lot line change to impose certain covenants and restrictions upon said property, NOW THEREFORE, Stanley Swanson and Sharon Swanson declare that the said premises which is after described in "Schedule A", annexed hereto and made a part hereof, is subject to the following covenants and restrictions: A certain triangular piece of approximately 8,129 square feet in area, plus or minus, formerly existing as part of the adjacent owner's parcel and shown on Suffolk County Tax Map as # 1000 - 141 - 02 - 21.5, having been sold and transferred to us by deed, that said transferred triangular piece will be incorporated and merged with the undersigned's existing parcel and will not exist as separate substandard piece. Dated: Stan le; w fison Shar n wanson STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On the day of 1995 before me personally came Stanley Swanson, to me known to be the individual described in and who duly acknowledged that he executed the foregoing instrument. Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On the day of 1995 before me personally came Sharon Swanson, to me known to be the individual described in and who duly acknowledged that she executed the foregoing instrument. Notary Public 2 AFFIDAVIT OF MERGER August 3, 1995 Southold Town Planning Board Town Hall Southold, NY 11971 Re: Lot Line Change, Triangular Piece from Hamilton to Swanson, Horton Avenue, Mattituck, NY; Suffolk County Tax Map # 1000 - 141 - 02 - 21.5 ( Hamilton Property ) Suffolk CountyTax Map # 1000 -141- 02 -15 (Swanson Property) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: The undersigned parties, Stanley Swanson and Sharon Swanson being duly sworn, do depose and say: That we are the owners of an improved parcel of land on Route 48 in Mattituck, NY, which is shown on Suffolk County Tax Map # 1000 - 141 - 02 -15, which was deeded to us on March 28, 1989 and duly recorded in the office of the Suffolk County Clerk on April 6, 1989 in liber 10830 page 507. That if, the Planning Board approves the lot line change, we agree to merge a triangular piece of approximately 8,129 square feet in area, plus or minus, now existing as part of Hamilton's parcel shown on Suffolk County Tax Map as # 1000 - 141 - 02 - 21.5, and thereafter transferred by deed to us. That this transfer is part of a settlement reached in an action entitled Swanson v. Hamilton, et al; Supreme Court, Suffolk County, Index No. 94-12702. That said transferred triangular piece will be merged with the undersigned's existing parcel ( Suffolk County Tax Map # 1000 - 141 - 02 -15 ) and will not exist as separate substandard piece. 1 r Dated: .gin ` K~ a e,t StanlOy-Skvanson { ila/lon A, d ~J~riyixL2bl~ Sharon Swanson Sw6rn' o before me this day of 1995. C z 2 DUNEtN00D lAlgLK E80. Notary Pu is Wk k,&*dMWYak OUP r 1 h rmfok 2 Edson and Bruer ATTORNEYS AT LAW MAIN ROAD-P.O. BOX 1466 SOUTHOID, NEW YORK 11971 LEFFERTS P. EDSON (516) 765-1222 (1912-1989) (516) 765 2500 RUDOLPH H. BRUER FAX: (516) 7654752 August 14, 1995 LC Dunewood Truglia, Esq. First Street, P.O.Box 222 New Suffolk, NY 11956 Re: Hamilton, w/Swanson Mattituck, New York Dear Dunewood: Enclosed please find copy of deed made by the Northeastern Bible College to Robert D. Hamilton, dated the 1st day of November, and recorded in the Suffolk County Clerk's Office on November 27, 1991 in Liber 11377 page 124. It covers the premises and more. Sincerely, C~~ Itfidolph H. Br r RHB/cam Enc. G _ T IL •T §91 Klantlald R. I.R.T.L. Form KUOY: ham. In B .1, aeell. eilh rafelmnl neMlnsl rMnlorf Ae13-111., nr C.m.' IBOIe+Nq JULIUS BLUMBERG. INC.. LAW BLANK PUe LISHEI, ~SS•73S ~ CONSULT YOUR LAWYER BEFORE SIGNING THISJNSTRUMENT -THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY 11377P6"124 / J THIS INDENTURE, made the 1:5+. day of 1jaeo be-? nineteen hundred and n /Q0 BETWEEN NORTHEASTERN BIBLE COLLEGE, A Non-Profit Corporation vl 12 Oak Lane Essex Fells, New Jersey 07021 2,~ 1991 party of the first part, and a' ROBERT D. HAMILTON ~~,'•r,O1_:1~ 200 Smith Drive South :~tj Southold, New York 11971 1 party of the second part, we WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideratiol ar,a • paid by the party of the second part, does hereby grant and release unto the party of the second part, the heir. (a, fs _ or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land. with the buildings and improvements thereon erected, situate lying and being facile at Mattituck, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as fellows: BEGINNING at a monument on the curved northerly line of Middle Road (C.R. 27) Q~ O O 102.31 feet 'westerly along said northerly line from the westerly line of West- phalia Avenue, said point of beginning being the southwesterly corner of land o; Kontoveros, from said point of beginning; Q~/•Ooo2 RUNNING THENCE westerly along the northerly line of Middle Road on a curve to ti right having a radius of 1799.86 feet a distance of 498.32 feet to a monument; THENCE along said northerly line, South 34 degrees 48 minutes 43 seconds West VI 66.57 feet to lands now or formerly of Swanson; THENCE along said land, North 67 degrees 36 minutes 00 seconds West along said land of Swanson, 321.91 feet to a monument; THENCE still along said land of Swanson, South 34 degrees 56 minutes 10 seconds ,West :156.59 feet to land now or formerly of Czukor; 'T'HENCE along said land of Czukor, North 32 degrees 39 minutes 00 seconds West ...&9' 72.,feet to the southeasterly side of Horton Avenue; THENCE North 57 degrees 21 minutes 00 seconds East along Horton Avenue, 166.28 1 feet to the southeasterly terminus of Oak Street; THENCE North 35 degrees 25 minutes 40 seconds East along said terminus, 49.50 TJ ~Y/TAO feet to a 33 foot right of way; * Continued on Rider attached TOGETHER with all right, title and interest, if any. Lit the part)' of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenance:: and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO 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 whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so regl' ires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ACK CARMICHAEL, Chairman Northeastern Bible College - Board of Truste lit) '!'M125 • STATE OF NEW YORK, COUNTY OF Est STATE OF NEW YORK; COUNTY OF sss On the day of I 19 before me On the day of 19 before me personally came personally came to me known to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that executed the same. executed the same. I STATE OF NEW~7lmm. COUNTY OF ZEF&F-0 ss: STATE OF NEW YORK, COUNTY OF ss: On the 15} day of IJcJernbt/ 0 91 , before me On the- day of 19 -before me personally came JACK CARMICHAEL personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. 46 Bristol Court, whom I am personally acquainted, who, being by me duly Berkeley Heights, New Jersey 07922 sworn, did depose and say that he resides at No. that he is the Chairman of the Board of Governors of Northeastern Bible College, that he knows a Non-profit corporation , the corporation described in and which executed the. foregoing instrument; to be the individual escribed in and who executed the foregoing instrument; t that he, said subscribing witness, was present and saw t b tr a- execute the same; and that he, said witness, tigp~~n dthat o signed his name thereto by like order. at the same time subscribed h name as witness thereto. A ANN WEITE 'A Notary Public of New Jersey my commission Expires 10/22/95 -bargain anb bale Ateb SECTION 141 Wt~y.gi~ COVENANT GAINaT GaANTods Acrs BLACK 2 TITLE No. /,tCOq,G Z-Aksm,#r .Zrr. LOT 21.1 NORTHEASTERN BIBLE COLLEGE, A Non- COUNTY OR TOWN Mattituck Profit Corporation, Town of Southold County of Suffolk TO ROBERT D. HAMILTON ! RETURN BY MAIL TO: RUDOLPH H. BRUER, ESQ. MAIN ROAD P.O. BOX 1466 SOUTHOLD, NEW YORK 11971 Zip No. Y Y r O a 4 O u Y a O yY i 4 Y y M 4 • sY _ ' 4 w ' • a i ZX* 11377PU26 RIDER THENCE along said right of way, the following courses and distances: 1. South 54 degrees 34 minutes 20 seconds East 19.13 feet; 2. North 34 degrees 56 minutes 10 seconds East 77.02 feet to land now or formerly of Byrnes; THENCE along said land the following two courses and distances: 1. South 67 degrees 39 minutes 30 seconds East 200 feet to a monument; 2. North 22 degrees 20 minutes 30 seconds East 159.78 feet to a monument and land now or formerly of Morris; THENCE along said land the following two courses and distances: 1. South 67 degrees 39 minutes 30 seconds East 54.67 feet to a monument; 2. North 29 degrees 05 minutes 10 seconds East 97.51 feet to a monument and land now or formerly of Whitemarsh; THENCE along said land of Whitemarsh, and land of McCaffery, North 36 degrees 47 minutes 30 seconds East 258.96 feet to a monument on the southwesterly side of Westphalia Avenue; THENCE along said southwesterly line, South 70 degrees 00 minutes 00 seconds East 100 feet to a monument; THENCE along said land of Casbor, Inc., the following two courses and distances: 1. South 40 degrees 41 minutes 50 seconds West 178.40 feet to a monument; 2. South 70 degrees 17 minutes 00 seconds East 148.88 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the grantor herein by Deed dated 5/18/87 and recorded in the Suffolk County Clerk's Office on 7/13/87 in Liber 10363 cp 94. I N C C - r s it C', W c n^. 2 _ m The undersigned owner of property located on Horton Avenue, Mattituck, New York, known as SCTM #1000-141.00-02.00-021.005 does hereby consent and approve of the lot line change being requested by Dunewood Truglia, Esq., on behalf of Stanley C. Swanson and Sharon M. Swanson. The lot line change is to be as shown on the attached survey of Peconic Surveyors, P.C. dated June 27, 1995. The property being set off is to be attached to, merged into and made a part of other property of Stanley C. Swanson and Sharon M. Swanson, known as SCTM #1000- 141.00-02.00-015.000, said set off property is bounded and described as follows: BEGINNING at a point on the southerly side of Horton Avenue, which point is the following two (2) courses and distances from where the south easterly side of Oak Street meets the northerly side of other lands of Hamilton and the westerly side of a certain right of way: 1. South 35 degrees 25 minutes 40 seconds West, 49.50 feet; 2. South 57 degrees 21 minutes 00 seconds West, 49.64 feet to the point or place of beginning; RUNNING THENCE through land of Hamilton, South 67 degrees 36 minutes 00 seconds East, 39.41 feet to land now or formerly of Swanson; THENCE along land of Swanson, South 34 degrees 56 minutes 10 seconds, West 150.59 feet to land now or formerly of Czukor; THENCE along last mentioned land, North 32 degrees 39 minutes 00 seconds West, 89.72 feet to the southerly side of Horton Avenue; THENCE along the southerly side of Horton Avenue, North 57 degrees 21 minutes 00 seconds East, 116.64 feet to the point or place of BEGINNING. OeA Robert D. Hamilton, Sr. STATE OF NEW YORK, COUNTY OF SUFFOLK: ss. On the day of August, 1995, before me personally came ROBERT D. HAMILTON, SR. to me personally known and known to me to be the individual described in and who executed the foregoing instrument and duly acknowledged that he executed the same. Nodry Pub Ac RUM-PH H. BRUER Notary Public, State of New Yak No. 52-0465530. Suffolk county commission Expires march 30, 1 9'1 7 Edson and Bruer ATTORNEYS AT LAW MAIN ROAMP.O. BOX 1466 SOU; 11OLD, NEW YORE 11971 LFFFPRTS P. ETISON (516) 76S-1222 (1912-1959) (516) 7 eS 2500 RUDOLr11 BRUER FAX: (516) 745-2752 August 11, 1995 Mr. Dunewood Truglia Attorney At Law First Street, P.O. Box 222 New Suffolk, New York 11956 Re: Lot Line Change Dear Mr. Truglia: In connection with the above referenced matter, enclosed please find executed consent of Robert D. Aamiltons, Sr. for the lot line change. Sincerely, 6 ,i t X/ / U Ruda ,h 11. Bruer RIIB/me Enc. A ~iamaw.rti, I~ u1u4 lt, ArrLAW,LAUV(.U,l iU I'- L'uIYIIY~.7 I~Wlltlwl l~tilr - W THE ~ OFFXE TW SLFFOI D COUNTY ~ ON 'L S N/ N APRL 2$1993 AS µ4P NO. 9343 &I>. /C R Q- s r' 04 a h 'l KEY f/A1P • ~'Y `ybi" R9~~ ~ 3 . r'''• d F~ scaler - sl~rr R r~ S~ mil'? 2 .Q A y O ~propT J DoT / 00 lZ ' ,/XF F, rya Ci` p t f 6 c3r %o AS fG ` R• 7V Q° e V " ! 5~ ye `r4~-O t ~lp N, 6 rr h x4 w 03 x 0 2 5 SURVEY FOR LOT LAVE Cf AAGE A A T M4 T77TUCK TOWN OF SOUTHOLD 2 \ , let* ~G SUFFOLK COUNTY, N. Y. LAND \ $ ~o S~ R NI ~ooo - 141 - 02 - 15 & 2r3 T r rN Mere Sc~e: 1". 40 y'` m9 0 STANLEY E. 'a SHARON M. SWANSON A ANY KIFJYIl71t AY AaXI1gM rD A6 SMYE'Y A' A MMA7xw 3325 ROUTE 48 Jme 27, 1995 GFA5C1AY72GAW MAEf'YWSrATEa3GCIl1CIiCAri MATTITUCK N. r. 11952 L/C. NO. 49618 ~TAAPOP~L1R1Yrra9.AAOrnAaraACC.LE7I/FRArlpll; / /E7 MANMWRW'IMYWAWCMrABWarYF SAO YIP Of CIMM A6W AE A19idSfA; &.'If. ar AW SfAlfEM ROBERT D. HAMIL TON P.C. WX SA *AM AflEM MM P.O. BOX ZO/ ) 6 Aa MMU Y M CaM•CY AAN ur ft 7rf~r~ •K nm Ar PECONlC, nLY. 11958 BOX M4SrAE4SmAYANYAADKt N7LAfKAWV CONTOUR LOVES AND ELEVATIONS ARE 7 TRAVELER STREET E~MOpA7?d1AaYEYpYSYIr UP LAY VE.EASTERN TOWNS 'THOLD, N.Y. 11971 ' lMr-rPOMWCMr11COIPCAraC IM AECAlt RE TOPOGRAPHIIC FERENCED CED TO THE FI MAPS a~,z} Southold Town Board of Appeals MAIN ROAD -STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3404 Application Dated September 17, 1985 (Public Hearing 10/24/85) TO: Mr. John J. Haas [Appellant(s)) 3325 Route 58, Box 321 Mattituck, NY 11952 At a Meeting of the Zoning Board of Appeals held on November 14, 1985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ) Request for Special Exception under the Zoning ordinance Article , Section [X1 Request for Variance to the Zoning Ordinance Article III , Section 100-32 [ ] Request for Application of JOHN J. HAAS - Appeal No. 3404. Variance to the Zoning Ordinance, r 1c a II, Section 100-32 for permission to locate accessory garage structure in the frontyard area, premises identified on the Suffolk County Tax Maps as District 1000, Section 141, Block 2, Lot 15; 3325 C.R. 48, Mattituck, NY. WHEREAS, a public hearing was held and concluded on October 24, 1985 in the Matter of the Application of JOHN J. HAAS under Appeal No. 3404; and WHEREAS, the board members have personally viewed and are familiar with the premises in question and the surrounding area; and WHEREAS, the board has considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and WHEREAS, the board made the following findings of fact: 1. The property in question is located at the north side of County.Road 48 (Middle Road), Mattituck having frontage (lot width) of 215± feet and lot area of 1.01} acres, is located in the "A-40" Residential and Agricultural Zoning District,,and is identified on the Suffolk County Tax Maps as District 1000, Section 141, Block 2, Lot 15. 2. Existing on the subject property is a single-family, one- story framed house with attached garage set back a minimum of 80 feet from the front property line, 48 feet from the west property line and 42 feet from the east property line as shown on survey dated January 14, 1963, prepared by Roderick VanTuyl, L.S. 3. By this application, appellant requests permission to locate a 24' by 24' accessory garage structure to be used strictly for garage and storage purposes incidental to the residential use of the premises and not operated for gain (Section 100-30C[2]), in (CONTINUED ON PAGE TWO) DATED: November 19, 1985. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3404 Matter of JOHN J. HAAS Decision Rendered November 14, 1985 the frontyard area not closer than 50'6" from the front property line along C.R. 48 and not closer than 10 feet to the easterly property line. 4. It is the opinion of the board that in granting the requested location, a precedent would not be set since there are other similar structures in the immediate area located in frontyard yard areas, and in view of the fact that the proposed structure will meet the minimum frontyard setback presently required for principal structures. In considering this appeal, the board agrees with the reasoning of appellant since: (a) the relief requested not substantial; (b) there will be no substantial change in the character of this district since there are other properties with accessory buildings in the frontyard area; (c) the relief as granted will not cause a substantial effect or detriment to adjoining properties since the accessory building will be set back at least 50 feet from the front property line; (d) the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Sawicki, it was RESOLVED, that a 24' by 24' accessory garage/storage building applied under Appeal No. 3404 in the Matter of JOHN J. HAAS, be and hereby IS GRANTED TO BE LOCATED IN THE FRONTYM-TRUFNOT LESS THAN 50 FEET FROM THE FRONT PROPERTY LINE, AND NOT LESS THAN 10 -FEET FROM THE EASTERLY PROPERTY LINE, AS APPLIED, AND SUBJECT TO THE FOLLOWING CONDITIONS: 1. The subject accessory building be shielded/screened (as is presently) with trees; 2. The subject accessory building shall never be converted for sleeping or bunk quarters, or any other use not permitted by Article III, Section 100-30(C)[2] of the Zoning Code (shall be for residential storage and garage purposes); 3. There be no overhead lighting which may be obtrusive to neighboring properties or traffic. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. /J / 'G~as~y~uss? l k November 19, 1985 ' ~ Su~3Gi~~ zg ~ 115 i8P'381 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made this 7 day of September, 1992, by Robert D. ptarlr;Ir:G Boa?o ^ . Hamilton residing at 200 Smith Drive South, Southold, New York, 11971 herein referred to as the DECLARANT, as the owner of the PREMISES described in Schedule "A"annexed hereto (herein referred to as the PREMISES) desires to subdivide said premises. The Southold Town Planning Board has agreed to allow and to grant the subdivision of the premises provided that the following covenants and restriction are imposed. Declarant agrees to the imposition of the covenants and restrictions imposed by the said planning board and in consideration of said approval hereby agrees to restrict the use and enjoyment of said PREMISES and has for such purposes imposes and hereby declares that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. There shall not be any vehicular ingress or egress on Middle Road C.R. 48 for Lot #1. 2. All storm water run-off resulting from the development and improvement of this sub-division or any of its lots shall be retained on the site by adequate drainage structure so that it will not flow out into the right of way of Middle Road C.R. 48 or L/ into Mattituck Creek. D at?p 3. Clearing and grading within Lots and 1 and 3 shall be limited to that necessary for sitting and constructing a house with the intent of preserving as much as the natural vegetation on the site as possible to minimize storm water run-off and erosion. ~~o o ~Ima 4. Lot #1 shall not have access on to Kenny's Road 48. Access for this Lot shall be P~V PNOpEPr from Westphalia Avenue only. e~:rcaK a :WRTY ~ 5. All buildings on Lot #2 must be affiliated with the Church. ~ i 6. There should be no further sub-division of any lot in perpetuity. These covenants and restriction FA Zd' ly at the U-7. ovat-of - request of the then owner of taPFr a majority plus one of the Pla n~ rd.l thel'Town of Southold`. after a public hearing. Adjoi Via pr'o~~ n owner shall be en ;I. titled to notice of such public hearing but thElt !}i ;•consent to ! such modification shall not be required / J1 v SOUTHOLD1,1Y^d t PUNNING BOARD 8LlI I 'noi'16( ~1o.d nIIIAN Pir.puets yuM pun aq Auw q R~tap~ 115i8N382 STATE OF NEW YORK) : ss : COUNTY OF SUFFOLK) On the 11 day of September 1992, before me personally came Robert D. Hamilton, to me known to be the individual described in and who executed the foregoing instrument and acknowleged that he executed same. r Notary Public : State of New York R!!bOLPH H. BRUER NotP- State of New York No. s as ,'b30. Suffolk County Co,,,;-.. r..1,n xoiresMarch30 191'tj Ar - Rida•~j ch may be uscd with Standard NYBTU For )41, rev. 1178 115 ^SP0383 SCHEDULE A (Description of Premises) All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the at Mattituck, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the curved northerly line of Middle Road (C.R.27) 306.31+ feet westerly along said northerly line from the westerly line of Westphalia Avenue, said point of beginning being the southwesterly corner of other lands of Hamilton (known as Lot No. 1 on proposed Subdivison of Map of Robert D. Hamilton presently being submitted to the Southold Town Planning Board for its review and permission to divide), from said point of beginning; RUNNING THENCE westerly along the northerly line of middle Road on a curve to the right having a radius of 1799.86 feet a distance of 294.+ feet to a monument; THENCE along said northerly line, South 34 degrees 48 minutes 43 seconds West, 66.57 feet to lands now or formerly of Swanson; THENCE still along said land, North 67 degrees 36 minutes 00 seconds West along said land of Swanson, 161.41+ feet to a point; RUNNING THENCE northerly along other lands of Hamilton 71.+ feet to a point; RUNNING THENCE northeasterly along the said other lands of Hamilton 103.+ feet to a point and lands now or formerly of Byrnes; RUNNING THENCE along lands of Byrnes South 67 degrees 39 minutes 30 seconds East, 22.5+ feet to a monument; RUNNING THENCE along said lands North 22 degrees 20 minutes 30 seconds East 159.78 feet to a monument and land now or formerly of Morris; RUNNING THENCE along said land of Morris, South 67 degrees 39 minutes 30 seconds East, 54.67 feet to a monument; THENCE along through other land of Hamilton, South 67 degrees 39 minutes 30 seconds East, 192.+ to the point or place of BEGINNING. Being and intended-to be'lot number 2 on the Proposed Subdivision Map of Robert D. Hamilton presently being submitted to the Southold Town Planning Board for its review and permission to divide, a copy of which is attached hereto and made a part hereof. zzu-eb -p Pod c 11578PE384 ~c cov- c~ w~ ITe ~uu n ~o EDSON & BRUER ESQS. Main Road P.O. Box 1466 Southold, NY 11971 AI21f~00 xt0:3~ ~0 kIB10 _ - - 3NiM'fOd'd d~lYIN® -wk/In~l~ Z661 S9 AON 03080038 J ~ _ , ReSTRiQk: • .M-,R H.S. Rel. # 92-077 Y { - PAGE.L / This is to certify that the subdivision plan has been approved 5, - :,SER LI ' 1~~r by the planning booed at the Town of Southold by resolution GOVUJAI-TS 6 REST-_TV), at approval dated Li -FZ - t y~ I h. k/ SUrFOII: NT I - SERV ,,Si pp1X y~'~ vw Chairman Planning Board . , 7)6 ,.ny t't . tn- da.,~ °T~/p re wat rst r G Ir L~+/~Jf?Z.T I? ~14H11.TbJ1L / I hereby certify that this map was made from actual surveys re an, eo ntar.rJ 2is st° rIr completed r v°' and that oil monuments -I,tr ILl must a.1 must f T j I ,i I,wn((de•.l shown thus • hereon actually exist and their positions are >.all ne e ,0' correctly shown and all dimensional and Geadelic. details a y ' o, r° untie / YEAR ' KEY MAP e e c I °z m f th` rrae?Dnv,, a, f are correcQ ! e v-~rr p - t U r•- v. Y n z t5 law -:rc I,2 S. ~ Seals Y': Q00' ae John' T. Metzgb N.Y.S. LK. NU. 49618 The water supply and sewage disposal facilities for alt lots in this development wX comply with the standards and requirements of the Suffolk County Department of ti'FS Health. !/,q TOTAL AREA = 3.4958 ACRES )f "r s N/°/X_ AREA LOT 1= 55,663 sq. ft O4FF ~y tP tea'' AREA LOT 2 = 61,225 sq. ft AREA LOT 3 = 35,389 sq ft A DECLARATION OF COVENANTS AND RESTRICTIONS 'OLK CLERK'S HAS BEEN FIL IN THE SUFF OFFICE WMCH AFFECTS LOTS IN TMS ST CIIVLSION 4 '4 ~ T y • e 0 ELEVATIONS A WOODED AREA FROM FIVE EASTERN TOWNS TOPOGRAPHIC MAP y LMER 11578 PAGE 381 N~Oic •t. 1•~ GROUND WATER MA/VA6EMENT Z0111E lY "+XS•Alr.- LOT 2 1.41 acres • 3009•0-a ' 41t 9-OWL - CHURCH - 50 soots - 1.5 9,4Ld aad 73 /#L \ S6j'39• ~1~ / MOBILE HDAIE 300 ..4 s 375 75 ".d 1 a19 J92 0~ RO f V,c s0 r ti, ' / 1 TEST HOLE EXISTM SEPTIC SYSTEMS . dee 9r• °F •E BYgy~•RY \ yN' • 6~C;y~ 402 sqq t~ sldewall area r.P.Sg p. sq.ll. ~ 603 9.p.& ~ area L MOBILE 101 _ l 9'0 -s 6' de L.P. - - O ng W • 'a; •'•+Ies,, r sew -151 _.sq.B: sMewail area • leepp .5 g.p.sq.11. 227 g p.d. pd, AN - { S'>. AV/ A. d Vtt t k' I ate ; hl wow b em r'e`p bµ9, y ¢o e2 21 %B. ~ 5 \029r'0.,G ~ ,yyo? P~ a' se now h mi a. P W7 IP 0c, X r ~ P •~00 a .Kej~ ~ rya` , ? , ~ saa l 7 99, R(° .el ".a MINOR S(~V/S10N FOR ° N` ,v.. ~ Sold . ROBERT ..HAMILTON e d s T sy4R~N.t' s~ skA 'mss` ep~°`\ !P\ za AT MATT/TUCK . 4 ANS As°y p _ ' TOWN OF SOUTHOLD o*WfiW,,PPUCANT SUFFOLK COLNVTY, MY ' I BOgQjT D. NAAt Tt3N b00 _.IIT- Q2 -.lf?. a• 2i \ P.O.80X K T/73' 8 PARKING Scab. 1" = 1oor " I ia1/C' Feb•. Sr 1992. - 1540 sq./1. seating areo/50 -30.8 . 1 I PROVIDED 32 spaces - - _ ' ` STALLS .10'20'^` ' 1{) I t. Y ~ ' ~ iu f~ dst. rsewsrr is - ram rroc R-40 - r.asaro ' BULO/NG ZONE DISTRICT nev •eu . , MV tsYr _ TA r I a DISTRICT 9 1 r . 1 » L re rw s SCf1OOL . • ~'*q LAND r FIRE DISTRICT SUPREME COURT OF THE STATE OF NEW YORK REGEIVEO COUNTY OF SUFFOLK SEP 26 A C~ 33 Stanley Swanson and GUARANTEED Sharon Swanson, Plaintiffs, "s. SUMMONS Robert D. Hamilton, Louis Dalessio, Sr., Index No. 94-12702 Northeastern Bible College and John Doe and Jane Doe, as representatives of all other unknown individuals, partnerships, and corporations having an ownership or possessory interest in the real property located in District 1000 and described as Section 141, Block 2. Lot 21.5, in the Real Property7Tax Records maintained by the Clerk of Suffolk County, Defendants. To Defendant : Northeastern Bible College 12 Oak Lane Essex Fells, NJ 07021 YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons to serve a notice of appearance, on the plaintiffs attorney within twenty days after the service of this summons, exclusive of the day of service, or if service of this summons is made by any means other than by personal delivery to you within the state, within thirty days after such service is complete. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. The basis of the venue designated is the plaintiffs' residence which is 3325 Route 48, Mattituck, County of Suffolk, State of New York. Date Filed with Court Clerk: June 2, 1994 Dunewood Truglia, Esq. Attorney for Plaintiffs Law Offices of Dunewood Truglia First Street P.O. Box 222 New Suffolk, NY 11956 Telephone 516 - 734 - 6450 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Stanley Swanson and Sharon Swanson, Plaintiffs, AFFIRMATION of vs. SUBSEQUENT SERVICE as per CPLR 312-a (e) Robert D. Hamilton, et al. Index No. 94-12702 Defendants. AFFIRMATION of SUBSEQUENT SERVICE as per CPLR 312-a (e) DUNEWOOD TRUGLIA, Esq., an attorney duly licensed to practice law in the State of New York and counsel for the plaintiffs herein affirms the following under penalty of perjury pursuant to CPLR 2106: 1. On June 2, 1994 an index number was purchased and a copy of the attached summons and complaint was filed with the Clerk of the Court in Suffolk County. 2. The af£rmant served the summons and complaint by mail on the defendants Robert D. Hamilton at 200 Smith Dr. South, Southold, NY 11971 and upon Northeastern Bible College at 12 Oak Lane, Essex Fells, NJ 07021, on June 2, 1994, in accordance with CPLR 312-a. Each defendant was sent, via US Mail, one copy of the summons and complaint and two copies of the statement of service by mail, together with a self-addressed stamped return envelope bearing the post office address of plaintiffs' counsel. Both of these defendants have now appeared and both have answered the complaint alleging jurisdictional defenses based on improper service of process. 3. Both of these defendants, through counsel, had previously agreed to return a duly executed acknowledgment of service of process, but to date neither has done so. More than thirty I days has elapsed since these defendants received the summons and complaint served on them on June 2, 1994. 4. To date, both of these defendants have therefore neglected to acknowledge that service was properly made by mail pursuant to CPLR 312-a and have neglected to delete any defenses in their respective answers with respect to improper service of process. 5. Plaintiffs therefore are compelled to re-serve these defendants in order to preclude any such defenses based on improper service and to proceed with the older and more costly methods of personal service under CPLR 308, which is the very thing which the new service methods designated under 312-a were implemented to avoid. 6. Plaintiffs do intend to move for costs, fees and expenses pursuant to CPLR 312-a (f) at some point in the litigation to recoup the monies they were forced to expend on the subsequent service of process in the instant matter. 7. This affirmation is made pursuant to the statutory notice required to be included in the subsequent service provision under CPLR 312-a (e). Respectfully submitted, Dated: September 23, 1994 Dunewood Truglia, Esq. Attorney for Plaintiffs Law Offices ofDunewood Truglia First Street P.O. Box 222 New Suffolk, NY 11956 516 - 734 - 6450 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Stanley Swanson and Sharon Swanson, Plaintiffs, vs. Robert D. Hamilton, Louis Dalessio, Sr., Northeastern Bible College and COMPLAINT John Doe and Jane Doe, as representatives of all Index No. 94-12702 other unknown individuals, partnerships, and corporations having an ownership or possessory interest in the real property located in District 1000 and described as Section 141, Block 2, Lot 21.5, in the Real Property/Tax Records maintained by the Clerk of Suffolk County, Defendants. I. NATURE OF CONTROVERSY 1. This is an action pursuant to Article 15 of the New York Real Property Actions and Proceedings Law for the declaration of an easement in real property. The subject matter concerns the usage of a dirt driveway which runs along the northern portion of plaintiffs' property and which connects Route 48 at its southeastern side to Horton Avenue at the north side. In doing so, the driveway traverses adjoining land owned by one of the defendants herein. ( See Drawings "A" and "B", attached hereto for illustration purposes and made a part of this complaint. ) In addition, the plaintiffs seek preliminary and permanent injunctive relief against all defendants, together with monetary damages and costs. ll. PARTIES AND VENUE 2. Plaintiffs Sharon Swanson and Stanley Swanson are husband and wife, residents of Suffolk County, New York and are the owners of certain property which is located in District 1 1000 and described as Section 141, Block 2, Lot 15, Town of Southold, Village of Mattituck, New York, in the real property records maintained by the Clerk of Suffolk County, hereinafter referred to as the "Swanson Parcel". 3. Upon information and belief, Defendant Robert D. Hamilton is a resident of Suffolk County, New York and is the owner of a certain parcel which adjoins the above described land of the plaintiffs. Defendant Hamilton's parcel is also located in District 1000 and described as Section 141, Block 2, Lot 21.5, Town of Southold, Village of Mattituck, New York, in the real property records maintained by the Clerk of Suffolk County, hereinafter referred to as the "Hamilton Parcel". 4. Defendant Louis Dalessio, Sr., is the tenant in occupancy of the Hamilton Parcel and has a present possessory interest in said parcel. Upon information and belief, Defendant Dalessio is the contract vendee for purchase of said parcel from Defendant Hamilton. 5. Upon information and belief the Defendant Northeastern Bible School is a foreign corporation having its principle place of business at 12 Oak Lane, Essex Fells, New Jersey. 6. Venue is proper in Suffolk County because plaintiffs and most of the defendants reside in Suffolk County and the property which is the subject matter of this action is also located there. III. FACTS GIVING RISE TO THIS ACTION 7. Plaintiffs' predecessor-in-title was John J. Haas who purchased the land in about 1960 and built the house now occupied by the plaintiffs in approximately 1962 - 1963 for his own family's use. Since about 1962 the dirt driveway referred to in Paragraph I above has been in existence and was used continuously by the John J. Haas family until the property was transferred to the plaintiffs in 1989. 2 8. The plaintiffs have used the driveway in the same manner and for the same purpose as their predecessor-in-title, namely to provide for their personal egress to Horton Avenue located to the north of the Swanson Parcel, see Drawing "B" for reference. 9. The use of said dirt driveway has been continuous, open, adverse, exclusive and under claim of right from approximately 1962 up to the present time. See Affidavits of John J. Haas, John R. Haas, Lynn C. Dunbar, Harry G. Charkow and Edward L. de Reeder attesting to the existence and usage of said dirt driveway, attached as Exhibits C - G hereto and made a part of the complaint. 10. In or about late February or early March, 1994, Defendant Dalessio, allegedly acting pursuant to the orders of Defendant Hamilton, proceeded to bar plaintiffs' access to that portion of the dirt driveway which traversed the Hamilton Parcel, thereby preventing for the first time, the plaintiffs' egress to Horton Avenue. Plaintiffs' two youngest daughters had used that egress to await the school bus which picks them up on Horton Avenue, in exactly the same manner as the children of the former owner John J. Haas had done in the early 1960s when they lived on the Swanson Parcel. 11. The plaintiffs protested and asked the defendants to remove the blockade, however Defendant Hamilton claimed that a document which was signed by the plaintiffs, when he purchased the parcel from his predecessor-in-title, Defendant Northeastern Bible College, gave him the right to do this. 12. The plaintiffs, at the time of the sale of the Hamilton Parcel to Defendant Hamilton, were approached by the attorneys for Defendant Northeastern Bible College and told that if they did not sign a paper which acknowledged in effect, that the portion of the dirt driveway which connected the Swanson Parcel to Horton Avenue was owned solely by their client, Defendant Northeastern Bible School, that the driveway would immediately be blocked and plaintiffs access barred. The plaintiffs were told that signing the paper was only a formality, that it would help the new owner complete his purchase. 3 13. Plaintiffs were further told by Defendant Northeastern Bible School, through its agents, that the signing of the paper was necessary otherwise the title company would not "close" and that it would not affect their continued right to use the dirt drive egress. This last was very important to the plaintiffs since the only other access to their property was from a high speed four-lane divided highway, ( Route 48 14. There was never a hint that plaintiffs may already have acquired an inchoate easement and that this in fact was what the defendants' true concerns were and not mere "ownership". Furthermore plaintiffs were never informed that the subject of the document was negotiable or that they could have any input at all into its language. Plaintiffs were intimidated and misled into thinking they had no choice in the matter and since there never was any dispute about "ownership", the plaintiffs signed the document. ( See Exhibit H, attached and made a part hereof.) 15. Plaintiffs aver that both "ownership" and the "right of use" are two distinct elements which may or may not co-exist in the same person under the laws of this state. Plaintiffs further state that at no time did they relinquish any of the valuable property rights which they have. They were not told that their dirt driveway usage may have already ripened into an easement by prescription at the time the document was foisted upon them by defendants' agents, nor were they asked to give up any such right, nor were they offered any consideration to induce them to do so, knowingly or otherwise. 16. Plaintiffs had in fact acquired an easement by prescription due to the character and continuous use of the dirt driveway both by themselves during their period of ownership, and, by their predecessor-in-title for a period of time which was decades longer than the statutory period necessary for an easement by prescription to arise. In order to relinquish any such right any purported release must be clear and unambiguous as to that intention, and it must be supported by adequate consideration. 4 17. Said prescriptive period had already run prior even to Defendant Northeastern Bible College's purchase of the Hamilton Parcel in 1987, i.e., sometime during the ownership period of Northeastern's own predecessor-in-title ( the North Fork Baptist Church 18. It was only after defendants blocked their egress that the plaintiffs first sought counsel and have since come to understand the scope of their legal rights to a prescriptive easement in the dirt driveway. They could not and did not intend to simply give those rights away for nothing. It is overreaching for the defendants to suggest that that is in fact what happened when the plaintiffs signed the acknowledgment of "ownership" drafted to benefit Defendant Hamilton prior to his purchase of the Hamilton Parcel in 1991. IV. CLAIMS FOR RELIEF COUNTI 19. Paragraphs 1 through 18 above are hereby incorporated by reference. The existence, character, conditions and period of usage comply with the common law and statutory requirements for an easement by prescription to have arisen over that portion of the dirt driveway which traverses Defendant Hamilton's Parcel and connecting it to Horton Avenue. 20. The defendants' intentional interference with said prescriptive easement has damaged the plaintiffs and their family members. Defendants' insistence that plaintiffs have lost whatever rights they may have had due to the document they signed is tantamount to a taking by fraud. COUNT II 21. Paragraphs 1 through 20 above are hereby incorporated by reference. Plaintiffs have suffered damages, emotional distress and inconvenience, e.g., the interference with their right to egress of Horton Avenue in the middle of plaintiffs' daughters' school year. Plaintiffs will continue to suffer substantial injury for which their is no adequate remedy at law due to Defendant Hamilton and Defendant Dalessio's willful and continuous interference with plaintiffs' 5 right of egress to Horton Avenue via that portion of the dirt driveway which the defendants have now blockaded. COUNTOI 22. Paragraphs 1 through 21 above are hereby incorporated by reference. Defendants' have attempted to, or in the alternative, have succeeded in taking away an extremely valuable property right inherent in the right to use the dirt driveway, by the use of fraud and duress. The purported release was lacking in a clear and definite statement so as to be able to effect a reasonable meeting of the minds and it was unsupported by adequate good and valuable consideration. Defendants have overreached and have dealt unfairly with the plaintiffs by failing to mention to them what was truly at stake and by not advising them to seek their own legal counsel as they had a duty to do under the circumstances. Plaintiffs have thereby suffered damages in diminution of their property value and personal damages such as emotional distress, disruption of family activity and out of pocket monetary damages in costs and fees for this action. WHEREFORE, the plaintiffs pray for judgment pursuant to the claims made herein and request that the Court grant the following relief: A. Preliminary and permanent injunctive relief prohibiting the defendants from blocking plaintiffs' access, or interfering in any way with their egress, to Horton Avenue via that portion of the dirt driveway which traverses Defendant Hamilton's Parcel. B. That the Court declare the existence of an easement by prescription for the benefit of the Swanson Parcel, over that portion of the dirt driveway which traverses Defendant Hamilton's Parcel connecting the plaintiffs driveway with Horton Avenue to the north and that the Court further order such revision to the deed or deeds affected by such declaratory judgment. 6 C. For damages due to the willful and intentional blocking of the dirt driveway in the middle of the plaintiffs' daughters' school year and for the negligent and intentional infliction of emotional distress caused thereby and for monetary damages resulting therefrom. D. For damages due to the fraudulent inducement to relinquish valuable property rights and the subsequent diminution of property value resulting from the taking thereby without just and adequate compensation. E. For costs, counsel fees and such other relief to which the plaintiffs may be entitled. Dated: June 2, 1994 Dunewood Truglia, Esq. Attorney for Plaintiffs Law Offices of Dunewood Truglia First Street P.O. Box 222 New Suffolk, NY 11956 516 - 734 - 6450 7 DRAWING "A" ~ Z Disputed Egress I ~ Hamilton Parcel a -2-21.5 I e~ ~qj /7O G F0 G o °2 Ss~° eOSte w ° f \ r~ . / °r o ~0 W 'VO 11 \v h b o~ 0 0 v4 E. k T e Col 3 `c ~ 4;CT /P9e co yam o, \ moo` O vv 4q~)/ s, f 6~ Swanson Parcel yo°~ gQ 141-2-15 M1y; mss' 32<T9, a~ t G~ ' O N 52 11 T 2 - V ' r Qnrh~/) now sq rRa ; ~l OP z $ ~eI erg F F 2aa3 \~Q~ ` r G .C ' I DRhWING "B" a 1 y Disputed Egress (r~ ey~~~s~ARY h~ 0 `r r ~j~~J •i3 ~'O. ~ .'h~\ S` G~.3 hp fie. ls,. F ha Oti i 9• ~Q. R f <lbp V~ h L , 0b51,, . h h0 w 3 ~w P.• tiv J'•. X66? ,p.. ' A F7' Hamilton Parcel 00 0 t'~f ~f, a~ ` o .y 636,• o oLi ° °:a c r fir 2~'' ~ ,~p1 1P 0. s P n' O Qj c"° Ora' 5. v Swanson Parcel ANS~~SON CERTIFIED TO, FIRST AMERICAN Trrf p OF NEW YORK SOUTHOLD SAVINGS AREA = 3.4958 ACRES R OBERT D. HAMIL TON I .~cG p Prepared In accordance with the * N.Y.S. LIC. NO. 49618 sta /dardsffo i h~/e^sur eys„aso~ s Exhibit C AFFIDAVIT JOHN J. HAAS, a resident of Palmyra, VA, being over the age of eighteen years, and being duly sworn deposes and states the following to be true and accurate to the best of his knowledge and belief: 1. I formerly resided in the house that Stanley and Sharon Swanson now own. I had that house built for myself and my family in about 1963. Before building that house we lived on an adjacent parcel immediately to the west of the subject parcel which we also owned. 2. To my own personal knowledge we have used the dirt driveway located on the north side of property now owned by Stanley and Sharon Swanson since sometime before before commencing construction on our house. This drive connected our driveway from Route 48 to Horton Avenue to the north. In doing so it crossed property formerly owned ( at the time our house was built) by Kaiser and others then by the North Fork Baptist Church and is now owned by Robert Hamilton. That dirt drive has been in existence in its present location and has been used since prior to 1962. It is the same one that is there today. 3. I recall using the dirt driveway while we lived in the house and can remember that my children John and Lynn used it to get to the school bus which would pick them up on Horton Avenue. Our family used the dirt driveway continuously and through successive ownerships of the abutting property to the north, until we sold our parcel to the Swansons in 1989. 4. I make this affidavit of my own free will and recollection and will so testify if requested. 62X?~~ John J. Haas ( date) STATE OF VIRGINA COUNTY OF FL-ov "Nl , ss: Sworn to before me this V f rh day of April 1994; on this date before me personally came John J. Haas, an individual known to me to be the individual described herein and who executed the foregoing affidavit and who duly acknowledged that he executed the same. ~ l,t~aoCRi Notary public my CemM~C S/ewi F%PI><-~[ ~'31'~7 NOTARY SEAL 1 2 E! ch bit D AFFIDAVIT JOHN R. HAAS, a resident of Cutchogue, NY, being over the age of eighteen years, and being duly sworn deposes and states the following to be true and accurate to the best of his knowledge and belief: 1. I formerly resided in the house that Stanley and Sharon Swanson now own. Said house was built by my father John J. Haas in about 1963. Before building that house we lived on an adjacent parcel immediately to the west of the subject parcel. 2. To my own personal knowledge my father began using the dirt driveway located on the north side of property now owned by the Swansons before commencing construction on our house. This drive connected our driveway from Route 48 to Horton Avenue to the north. In doing so it crossed property formerly owned ( at the time our house was built) by Kaiser and others then by the North Fork Baptist Church and is now owned by Robert Hamilton. That dirt drive has been in existence in its present location since prior to 1962. 3. I recall using the dirt driveway while we lived in the house and can remember that my sister Lynn and I used it daily to get to the school bus which would pick us up on Horton Avenue. Our family members used the dirt driveway continuously until the property was sold to the Swansons in 1989. 4. I make this affidavit of in own free will and recollection and will so testify if requested. , . / J n R. Haas (date) 1 STATE OF NEW YORK COUNTY OF SUFFOLK, ss: Sworn to before me this Z Z day of April 1994; on this date before me personally came john R. Haas, an individual known to me to be the individual described herein and who executed the foregoing affidavit and who duly acknowledged that he executed the same. l / Notary Public "Altll.[.N D. KOTZKY NOTARY SEAL NOTARY PUNo. 4842181 New York Quallfiad in Suffolk County y~ Ceminlulon lxplna July 31, 198! 2 Exhibit E AFFIDAVIT LYNN C. DUNBAR nee Haas, a resident of Denton, TX, being over the age of eighteen years, and being duly sworn deposes and states the following to be true and accurate to the best of her knowledge and belief: 1. I formerly resided in the house that Stanley and Sharon Swanson now own. Said house was built by my father John J. Haas in about 1963. Before building that house we lived on an adjacent parcel immediately to the west of the subject parcel. 2. To my own personal knowledge my father began using the dirt driveway located on the north side of property now owned by the Swansons before commencing construction on our house. This drive connected our driveway from Route 48 to Horton Avenue to the north. In doing so it crossed property formerly owned (at the time our house was built) by Kaiser and others then by the North Fork Baptist Church and is now owned by Robert Hamilton. That dirt drive has been in existence in its present location since prior to 1962. 3. I recall using the dirt driveway while we lived in the house and can remember that my brother John and I used it daily to get to the school bus which would pick us up on Horton Avenue. My grandparents who lived on Westphalia a short distance away used that dirt drive whenever they would visit. Our family members used the dirt driveway continuously until the property was sold to the Swansons in 1989. 4. I make this affidavit of my own free will and recollection and will so testify if requested. / (/1 ~/I7Lf i Li ~~l4L~Zl~ .S- 3 9y Lynn C. Dunbar (date) 1 i STATE OF TEXAS COUNTY OF .p+ ,A: ss: AfAy Sworn to before me this day of ~4prf~1994; on this date before me personally came Lynn C. Dunbar, an individual known to me to be the individual described herein and who executed the foregoing affidavit and who duly acknowledged that she exec d the same. 1 Notary Public BOBBIE DICKERMAN NOTARY SE NOTARY PUBLIC ~g " STATE OF TEXAS 'W1CI My Comm Exp. 09-30-96 2 Exhibit F AFFIDAVIT HARRY G. CHARKOW, a resident of Mattituck, NY, being over the age of eighteen years, and being duly sworn deposes and states the following to be true and accurate to the best of his knowledge and belief: 1. I have resided at the corner of Westphalia and Middle Road (now Route 48) since approximately 1947 and I am quite familiar with the surrounding neighborhood. 2. To my own personal knowledge I remember a dirt driveway located on the north side of property now owned by Stanley and Sharon Swanson. This drive connects the Swanson's driveway from Route 48 to Horton Avenue to the north. In doing so it crosses property formerly owned by the North Fork Baptist Church and now owned by Robert Hamilton. That dirt drive has been in existence in its present location since approximately the early 1960s and I recall visiting the Haas family many times over the years and accessing their property from the Horton Avenue side. 3. I know the man quite well who built the house (John J. Haas) on the property now owned by the Swansons and I recall that he was using that dirt drive since constructing that house in 1962 or 1963. The Haas family continued using that dirt driveway up until the time the property was sold to the Swansons. 4. I make this affidavit of my own free will and recollection and will so testify if requested. 4/r G. Charkow (date) 1 STATE OF NEW YORK COUNTY OF SUFFOLK, ss: Sworn to before me this a Io day of April 1994; on this date before me personally came Harry G. Charkow, an individual known to me to be the individual described herein and who executed the foregoing affidavit and who duly acknowledged that he e ecutte~d the same. ( I Notary Public NOTARY SEAL MELANIE V. OROVVN Wary PtNa, Slafa of Now Yak No.,909712 00dw In ft" County C Oanmbdon Don Od.19, t91~? 2 Exhibit G AFFIDAVIT EDWARD L. de REEDER, a resident of Southold, NY, being over the age of eighteen years, and being duly sworn deposes and states the following to be true and accurate to the best of his knowledge and belief: 1. I lived in the town of Mattituck beginning in 1948 and during that year I met John J. Haas. I have been friends with him since that time. I remember when he built the house on the Route 48 property in Mattituck in 1963. That property is presently owned by Stan and Sharon Swanson. r 2. To my own personal knowledge I remember a dirt driveway located on the north side of the Haas ( now Swanson ) property. This drive connected the Haas' driveway from Route 48 to Horton Avenue to the north. In doing so it crossed property formerly owned by the North Fork Baptist Church and now owned by Robert Hamilton. That dirt drive has been in existence and has been in use in is present location since approximately 1962 or 1963. 3. I can recall that every time we visited the Haas, whenever we approached their home from the west we would turn off of Route 48 onto Shirley Rd. then onto Horton Avenue and we would enter the Ilaas property from the dirt drive entrance from the north. It is the same dirt drive which is there today. 4. I make this affidavit of my own free will and recollection and will so testify if requested. EDWARD de REEDER ( date ) 1 i STATE OF NEW YORK COUNTY OF SUFFOLK, ss: Sworn to before me this day of May 1994; on this date before me personally came Edward L. de Reeder, an individual known to me to be the individual described herein and who executed the foregoing affidavit and who duly acknowledged that he executed the same. n 1 Notary Public HELENE D. HORNE Notary Public, State of New York NOTARY SEAL No. 4961384 QuallRed in Suffolk County , Commission Expires May 22, 19 2 TLSCHON AND KOOPLMAN Exhibit H e17 oobwiN Awwua MIaLAMa'Aaa. N.J. 0747? euasu A II .f1o.N (tot)070-4400 wrw~., • • Tts.IOOPita 090 470 4023 JACK 900111 MAN Wme"Ud...•.. pnn. November 170 1991 Nr..stanley Be Swanson , N¦. Sharon Me 8wa11s". !fiddle stood Mattituck, NY 11.952 Rts Northeastern Nible College Property county Read 49 a Norton Avenue, Mattituck, NYt Dirt Drive apparently exiting Swanson property to Norton Avenue our File No. 701.17 Deer Mr. Swanson and Ma. •wansonl The undersigned is the attorney for Northeastern bible college, owner of the abovl captioned property. The property is presently under contract to be sold to Robert Hamilton. In preparing for closing the surveyor has located the dirt drive exiting your property to Horton Avenue. 1 have advised my clients to close off this means of agrees to your property unless you acknowledge that the dirt drive from your property, transgressing Northeastern's property to Horton Avenue is owned by Northeastern bible college and, you have no ownership rights to that proparty0 Your execution of this Correspondence will acknowledge that you are not the owners of that dirt drive and will not assert any ownership claim over the same whatsoever. should you acknowledge that on the copy of this corraapandenca enclosed, my clients will permit you to continue to use the property pending the closing of'this transaction to Mr. Hamilton. Thereafter you will have to deal with Mr. Hamilton as the owner of the property should you wish to continue to use the dirt drive. . q - - . Should you have any questions, please do not hesitate to contact ¦s at the telephone nuslber listed above. Very truly yours, TBBQi011 a RO==AM Russel Be Tsschsn ROT/sl I hereby acknowledge northeastern Bible collogo•* exclusive ownership of the dirt drive referred to herein, sanes.......an~~~------ y . Manson Sharon` me Swanson 9rAT1 OF NW VM O=M or an the defy of , 1991, before a personally Ce and appm"a S. bffimm aaa SNm m- . SNANSOM, to mi ksloen and bkorn to relm to be the individuals dacribed in and *A ealcuted the forpoinq instrument, and wta duly admovledped to me that they mmuted the male. TfiOMAS J. UHLINGER NOTARY PUBLIC, Stale of N No. Of _ Now York 4733066 Qualified In Suffolk County C"lwlon Expire, Mmck,."' 19 91 ~ A DUNEWOOD TRUGLIA ATTORNEY AT LAW a First Street P.O. Box 222 1 ' IF' New Suffolk NY 11956 Q /^y~ 516 - 734 - 6450 / Fax 516 - 734 - 5152 August 2, 1995 Tom Fisher, Southold Building Department Town Hall 53095 Main Road Southold, NY 11971 Re: Lot Line Change, Triangular Piece from Hamilton to Swanson, Horton Avenue, Mattituck, NY, ) Suffolk County Tax Map # 1000 - 141 - 02 - 21.5 ( Hamilton Property Suffolk County Tax Map # 1000 - 141 - 02 -15 (Swanson Property) Dear Mr. Fisher: On behalf of my clients, Stanley Swanson and Sharon Swanson, I submit herewith for your consideration and approval, an Application For a Building Permit as part of a lot line change on properties located in Mattituck, NY. The project name is Lot Line Change, Triangular Piece from Robert D. Hamilton to Stanley Swanson and Sharon Swanson, Horton Avenue, Mattituck, NY. Please note that the sum total of the change which we are requesting has to do with the alteration of a lot line on a sub-standard lot ( Hamilton). There is no construction or change of use planned and we were told that this request was necessary to obtain a denial from your department as a first step in proceeding with a lot size variance in order to support the lot-line change application. The reason for the change is the settlement of an action commenced by Swanson against Hamilton to secure an easement by prescription over an existing dirt driveway which runs between the parcels owned by Swanson and Hamilton respectively. ( Swanson v. Hamilton, et al; Supreme Court, Suffolk County, Index No. 94 -12702 As part of the settlement, the parties have agreed to transfer an irregular triangular piece for a valuable consideration as a means of settling the easement issue, see attached survey diagram for ease of reference. There will be no change in the character or use of the property, only the ownership will change. DUNEWOOD TRUGLIA ATTORNEY AT LAW I can be reached at the letterhead address. Please call if you have questions. Thanking you in advance for your consideration, I am Very truly yours, Dunewood Truglia Attorney for Swanson cc: Linda Kowalski Robert Kassner Rudolph Bruer, Esq. DT/NS/tim 2 'Z&ev LAW OFFICES DUNEWOOD TRUGLIA First Street P.O. Sox 222 New Suffolk, NY 11956 516 - 734 - 6450 Telefax 516 - 734 - 5152 June 16, 1995 Richard G. Ward, Chairman Southold Town Planning Board Town Hall 53095 Main Road Southold, NY 11971 Re: Lot Line Change, Triangular Piece from Hamilton to Swanson, Horton Avenue, Mattituck, NY; l Suffolk County Tax Map # 1000 - 141 -02 Q21. { Hamilton Property ) Suffolk County Tax Map # 1000 -141- 02 (Swanson Property) Dear Mr. Ward: On behalf of my clients, Stanley Swanson and Sharon Swanson, I submit herewith for your consideration and approval, a request for a lot line change on properties located in Mattituck, NY. The project name is Lot Line Change, Triangular Piece from Robert D. Hamilton to Stanley Swanson and Sharon Swanson, Horton Avenue, Mattituck, NY. Enclosed find the following documents. 1. Application For Approval of Plat 2. Short Environmental Assessment Form 3. Planning Board Questionnaire 4. Notarized Letters of Consent (Swanson and Hamilton) 5. Affidavit of merger 6. Statement as to no grading, roads, drainage or alterations 7. Copies of existing deeds awe-paUcy- 8. 9. Copies of survey 10. Proposed Declarations of Cove d -Man-) 11. Application fee check for $50.00 S LAW OFFICES DUNEWOOD TRUGLIA Letter to Southold Town Planning Board (Lot Line Change, Swanson and Hamilton) June 16,1995 The reason for the change is the settlement of an action commenced by Swanson against Hamilton to secure an easement by prescription over an existing dirt driveway which runs between the parcels owned by Swanson and Hamilton respectively. ( Swanson v. Hamilton, et al; Supreme Court, Suffolk County, Index No. 94 -12702 As part of the settlement, the parties have agreed to transfer an irregular triangular piece for a valuable consideration as a means of settling the easement issue, see attached survey diagram for ease of reference. There will be no change in the character or use of the property, only the ownership will change. I can be reached at the letterhead address. Please call if you have questions. Thanking you in advance for your consideration, I am Very truly yours, Dunewood Truglia Attorney for Swanson enclosures DT/NS/tim 6(~7 ~cC~C ~ s ct,il? ~?~L;~~~D,a 2 APPEALS BOARD MEMBERS ~o_ %UFF0J f corn Southold Town Hall Gerard P. Goehringer, Chairman c y~ 53095 Main Road Serge Doyen, Jr. rn x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS:TOWN OF SOUTHOLD ------------------------------------x In the Matter of the Application of STANLEY SWANSON (and ROBERT HAMILTON) -------------------------------------x CONFIRMATION OF POSTING 1, = G -S4UC ,)?-C0-y residing at Ca.X ~d 1t~ , /U r / / 9 S- Z , being duly sworn, depose and say: That on the e /-/Iday of September, 1995, I personally posted the property located along the south side of Horton Avenue, Mattituck, NY by placing the Town's official poster Notice on a stake or fence on the subject property facing the road where it is easily seen, and that the poster has remained in place five days prior to the date of the public hearing (date of hearing noted thereon to be held September 13, 1995.) Dated: September 1995. f~ 5 (signature)" ti-f ; l~ ~'q~4~dNlwl~tpk ~ ~ QMRsdIn oil*