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HomeMy WebLinkAbout2440 TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOAKD OF A~PEAL$ Appeal No. 2440 Dated June 15, 1978 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Stanley Sledjeski 2760 Ruth Road Mattituck, New York (Richard F. Lark~ Esq.1 Appellant at a meeting of the Zoning Board of Appeals on July 6, was considered and the action indicated below was taken on your (~) Request for variance due to lack of access to property ) Request for a special exception under the Zoning Ordinance ) Request for a variance to the Zoning Ordinance ) 19 7 8 the appeal 1. SPECIAL E~(CEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:25 P~ M. (D.S.T.) upon application of Stanley Sledjeski, 2760 Ruth Road, Mattituck, New York, (Richard F. Lark, Esq.) for a variance in accordance with Town Law, Section 280A for approval of access. Location of property: Map No. 90, Stanley Sledjeski, dated April 30, 1974. 2. VARIANCE. By resolution of the Board it was defermined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REVERSE practical difficulties (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this properly and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( that the previous decisions of the Building Inspector ( SEE REVERSE FORM ZB4 APPROVED ) be granted ( ) be confirmed ( ) be reversed. ~.~,.,~. ~(~'"'),~'~ ZONING BOARD OF KPPEALS 'l( ! V'zc'r .~ / ) be denied and After investigation and inspection the Board finds that the applicant requests recognition of access for two rights-of-way in a minor subdivision established in February, 1976. The Board finds the two rights-of-way are very good accesses and would be able to accommodate any emergency vehicle that we have in the Town of Southold. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the ordinance. On motion of Mr. Doyen, seconded by Mr. Bergen, it was RESOLVED that Stanley Sledjeski, 2760 Ruth Road, Mattituck, New York, (Richard F. Lark, Esq.), be GRANTED recognition of access for two rights-of-way. Location of property: Map No. 90, Stanley Sledjeski, dated April 30, 1974. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, and Doyen. RECEIVED AND ~/LED BY sou' om DATE ~//~ ~/7~ HOUR//. ~' 3-~ To~ ~exk, To~ of Southold Legal Notice -2- Hearings: July 6, 1978 8:25 P.M. (D.S.T.) Upon application of Stanley Sledjeski, (Richard F. Lark, Esq.), 2760 Ruth Road, Mattituck, New York, for a variance in accordance with the Town Law, Section 280A for approval of access. Location of property: Map No. 90, Stanley Sledjeski dated April 30, 1974. 8:35 P.M. (D.S.T.) Upon application of Glen and Ann T. Moon,~ Main Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Chapter 100-30 and Bulk Schedule for permission to divide property. Location of property: Main Road, Orient, New York, bounded on the north by Main Road; east by Ellwood, Zarzecki, Jimenez and Kavazanjian; south by Tabor; and west by Private Road. 8:50 P.M. (D.S.T.) Upon application of Burris and Vivian Jester, Beebe Drive, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for permission to erect a six Location of property: Lot No. New York. 9:00 P.M. Bay View Road, ~D.S.T.) Southold, (6) foot fence in the front yard. 10, Map of Moose Cove, Cutchogue, Upon application of John A. Polywoda, New York, for a special exception in t accordance with the Zoning Ordinance, Article VI, Section 100-60 lC 2 for permission to erect a second ground sign. Location of property: Southwest corner of Main Road (S. R. 25) and Hobart Road, Southold, New York, bounded on the north by Main Road, east by Hobart Road; south by J. Lehman and west by Warnaka and Ross. 9:15 P.M. (D.S.T.) Upon application of Bradford B. Green 101 Bard Avenue, Staten Island, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to divide property with insufficient area. Location of property: Lots No. 189 and 190, Nassau Point, Cutchogue, New York. Legal n( ;ice LEGAL NOTICE NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Soothold, New York, public hnaring$ Will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, Now York, on Thursday, July 6, 197~, on the following appoals: 7:45 P.M. (D.S.T.) Upon applicatioa of Rhumb Line, Inc., 36 Front Street, Greenpert, New York, for a special exception to the Zoning Ordinance, Article III, Section 1~0-3O C 6 f for mission to erect an off' premises directional sign. Location of property: South- west corner of Shipyard' Lane and Main Road (S. R. 25), East Marion, New York, bounded on the north by Main Road (S. R. 25); east by Shipyard Lane; south by Dawn Estates; west by Dawn Estates. 7:50 P.M. (D.S.T.) Upon application of' Rhumb Line, Inc., 36 Front Street, Greenport, New York, for a special exception to the Zoning Ordinance, Article III, Section 100-30 C 6 f for per- mission to erect an off-i premises directional sign. Location of property: South- west corner of Sills Road and Main Road (S. R. 25); Greenport, New York, bounded on the north by Main Road (S. R. 25); east by H. Reeae, Jr.; south by Herman; and west by Ciacia. 3:00 P.M. (D.S.T.) Upon application of Keith G. Gilbride, 950 North Sea Drive, Southold, New York, for a variance in accordance with the Town Law, Section 280A for~ approval of access. Location of property: Right- of-way off Sound View Avenue, Southold, New York, bounded on the north by Lombardi; east by Bayley and Schur; south by Morris; and weSt by Spurway. 0:10 P.M. (D.S.T.) Upon application of Stephen Tsnatakis, d-b-a Captain Kidd Water Co., Middle Road, Mattituck, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 B 5 and Bulk Schedule for permission to erect a pump house. Location of property: Lot No. 36, Map of Captain Kidd Estates, Mat- truck, New York. ~ 0:25 P.M. (D.S.T.) Upo~ application of Stanley Slecl- jeski, (Richard Lark Esq.), 2760 Ru Road Mattituck, New York, for e variance in accordance witr the Town Law, Section 280A for approval of access. Location of property: Map No. 90, Stanley Sledjeski dated April 3O, 1974. 8:35 P.M. (D.S.T.) Upon application of Glen and Ann T. Moon, Main Road, Orient, New York, for a variance in accordance with the Zoning Ordinance, Article III, Chapter 100-30 and Bulk Schedule for permission to divide property. Location of property: Main Road, Orient, New York, bounded on the north by Main Road; east by Ellwood, Zarzecki, Jimenez and Kavazanjian; south by Tabor; and west by Private Road. 8:50 P.M. (D.S.T.) Upon application of Burris and Vivian Jester, Beabe Drive, Cutchogue, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-35 for per- mission to erect a six (6) foot fence in the front yard. Location of property: Lot No. 10, Map of Moose Cove, Cutchogue, New York. 9:00 P.M. (D.S.T.) Upon application of John A. Pofywoda, Bay View Road, Soothold, New York, for a i special exception in ac- ~ cordance with the Zoning Ordinance, Article VI, Section 100-60 C 2 for permission to erect a second ground sign. Location of property: South- west corner of Main Road (S. R. 25) and Hobart Road, Southold, New York, bounded on the north by Main Road, east by Hobart Road; south by J. Lehman and west by Warnaka and Ross. 9:15 P.M. (D.S.T.) Upon application of Bradford B. Green 101 Bard Avenue, Staten Island, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-31 and Bulk and Parking Schedule for permission to divide property with insufficient area. Location of property: Lots No. 109 and 190, Nassau Point, Cutchogue, New York. 9:25 P.M. (D.S.T.) Upon application of Donald G. King, Rocky Point Road, East Marion, New York, for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide lot with insufficient area. Location of property: Lot No. 16, Map of Jackson's Landing, Mattituck, New York. Dated: June 26, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1TJ29-3015 LEGAL NOTICE NOTICE OF HEARINGS Pdrsuant to Section 267 of the Town Law and the pro- visions of the Amended Build- ing Zone Ordinance of the Town of Southold, New York public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road. Southold, New York, on Thurs- day, July 6, 1978, on the following appeals. 7:45 ~.m. (D.S.T.) Upon application of Rhumb Line, Inc., 36 Front Street, Green- port, New York, for a special exception to the Zoning Ordi- nance, Article lIl, Section 100- 30 C 6 f for permission to erect an off-premises directional sign. Location of property: Southwest corner of Shipyard Lane and Main Road (S.R, 25), East Marion, New York, bounded on the north by Main Road (S.R.25); east by Ship- yard Lane; south by Dawn Estates; west by dawn Estates. 7:50 p.m. (D.S.T.) Upon applicatiofi of Rhumb Line, Inc., 36 Front Street, Green- port, New York, for a special exception to the Zoning Ordi- nance, Article 111, Section 100 30 C 6 f for permission to erect an off-premises directional sign. Location of property: Southwest corner of Sills Road and Main Road (S.R.25): Oreenport, New York, bound- ed on the north by Main Road (S.R.25); east by H. Reese, Jr.; south by Herman; and west by Ciacia. 8:00 p.m. (D.S.T.) Upon application of Keith G. Gil- bride, 950 North Sea Drive, So.thold, New York, for a variance in accordance with the Town Law, section 280A for approval of access. Location of property: Right-of-way off Sound View Avenue, South- old, New York, bounded on the north by Lombardi; east by Bayley and Schur: south by Morris; and west by Spurway. 8:10 p.m. (D.S.T( Upon application of Stephen Tson- takis, d/b/a Captain Kidd Water Co., Middle Road, Mat- tituck, New York. for a vari- ance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 B 5 and Bulk Schedule for permission to erect a pump house. Location of property: Lot No. 36, Map of Captain Kidd Estates, Matti- tuck, New Yor,k. 8:25 p'.m. (D.S.T.) Upon~ ~pplication of Stanle2L Sled= ,ieski, (Richard F. Lark, ~E~s.~.)~ 2760 Ruth Road, Mattituck, New York, for a variance in accordance with the Town Law, Section 280A for approv- al of access. Location of pro- perty: Map No. 90, Stanley Sledjeski datefl April 30, 1974. 8:35 p.m. (D.S.T.) Upon application of Glen and Ann T. Moon, Main Road, Orient, New York. for a variancc in accordance with the Zoning Ordinance, Article II1, Chapter 100-30 and Bulk Schedule for COU,NTY OF SUFFOLK ss: STATE OF NEW' YORK Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHN~.N, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Lon~ Island Traveler-Watch- man once each week for ......... J.. ............................ weeks successively, commencing on the ...~...~. ................................. o, .......................... Sworn to before me this ..~. .................. day ot ..... I? .................... , ....... .... /qotary leu. bite JUDITH T. TERWie Notary Public, State of New York No. 52-0344963 Suf,'o!k County Commission Expires March 30, TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No. 2.~40 ........................... Date Jt~me 26x 19.?..8... Mr. Stanley Sledjeski To ...... ai=h~d..~......Larko..Zm~ .................. ............ .~7...e..0....~.....~...~ .................................. ............ ...z~..~.~q~..,...~..e.~.....~g..~......z..~..s.~ ..... PLEASE TAKE NOTICE that your application doted .......................... ~...1,~., ....... , 19.'/.Ii... for permit to construct ........................................ at the premises located at .................................... ~C/~' /~d ~.. ~ ~ Street Map .................................... Bilk ............................................ Lot ................................................ is returned ~erewitb and disappr~ed on t~e following grounds ....... ~....~....~ .................... .......................... ~ .......... ~p. ............... r~_.....~:....~......~ ....... ~.~......~.~....~ ....... ~M.~ ........ ~.s~..~.....~....(~:~ .......... ~.....~......z~.~ ~ ...... ~.~....~ ....... ~ ........ ~ ........ :..~ ....... ~r~, ........ ~::~r..~...~... TOWH OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ~F~....S.T~NLEY...SLED~RSKT .................... of ..~2.~f)...Ru,tb,..P~P.~l, ........................................ Name of Appellant Street and Number ...................... .M...a..t..t...i..t...u..c...k.:....~.~...w..n.....~..f.....s...~"u...t..h..~...z..d..~. ....... .N...e..w.....Y..o...r..k.......HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ' DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO (See attached Notice of Disapproval dated May 31, 1978) STANLEY SLEDJESKI Nome of Applicant for permit of .. ~.7..~.g... ~%u.t2L. ,BQ.~., ... ~ .~.~ i~;ug/~ · ........................ .~1.¢.~...~.Q~.I~ ..................... Street and Number Municipality State (×) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT FOR ACCESS -~280-a Town Law right of way at westerly terminus . . 1. LOCATION OF THE PROPERTY o£..~u~_h..Roa~,/~at.ti~_uck,~I~ A..R....e~...i..d...e~..t..~..1 & Agrlcul- Street Use District on Zoning Map tural Minor Subdivision Plan Prepared For s ..~._~.e.~....s.!~ j..e..s..k_i. ,...~..~.:...9..0. .......... i, ..2. ,.~., .~. Map No. ap~..ov~ .o~n.. Lot N~s. A~i- ~u,-~/~ 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.) 3. TYPE OF APPEAL Appeal is made herewith for ( ) A VARIANCE to the Zoning Ordinance or Zoning Map (,) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has)]~D~ been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and wes made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL (X) A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ) ~s requested for the reason that your petitioner is desirous of selling four building lots on his minor subdivision which was approved by the Planning Board on April 30, 1974, and in order to obtain building permits and certificates of occupancy from the Build- ing Inspector of the Town of Southold,your applicant requestsfrom the Board of Appeals a formal approval of the "rights of way" as access to Ruth Road, as shown on said map. A copy of the Map of subdivision Plan Prepared for Stanley Sledjeski revised March 6, 1974, approved by the Suffolk County Department of Health on April 1, 1974 and the ~,X~JJX Southold Town Planning~/~Xi~XJ~gJ~fXgUa~O Board on April 30, 1974, is attached hereto as Exhibit 1. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- san HARDSHIP becouse the lots as laid out on the minor subdivision lack frontage on a public street but do have actual access over 50 foot "rights of way" to Ruth Road. The Southold Town Planning Board, as a consideration to granting the minor subdivision to your applicant, required a filing of detailed covenants and restrictions on the property; number 12 of which provided for a charge not exceeding $25.00 per lot owner to insure the maintenance of the "rights of way" as shown on said map. Lots 1 and 2 have a 50 foot frontage on the right of way and Lots 3 and 4 are surrounded on two sides by the "rights of way". A copy of the Declaration of Covenants and Restrictions dated March 14, 1974 and recorded in the Suffolk County Clerk's Office on May 14, 1974, in Liber 7637, page 121, is attached hereto as Exhibit 2. 2. The ha~ship created is UNIQUE and is not shared by all pmpe~ies alike in the immediate vicinity of this propedyand in this use di~rict bemuse there are in reality two "rights of way" that are on the minor subdivision plan, both of which are 50 feet in width. The "southerly right of way" runs from the westerly terminus of Ruth Road in a westerly direction to land of Warren B. Brady and Mary S. Brady. This right of way has an excellent stone and gravel base and is presently used by Bradys and the adjacent property owners to the west, Mr. & Mrs. McCoy, as principal access to the public highway. The other right of way on the property is also 50 feet in width and runs in a northerly/southerly direction and has an excellent stone base and is of suitable width to allow the reasonable access of vehicular traffic to Lots 1 and 2 from the public road. 3. The Variance would obse~e the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the use of each of these four lots in question would be for a one family dwelling which is what the neighborhood is already zoned. There would have to be no construction as the roadway is already installed provid- ing a suitable and ample access to each of the four lots in accordance with the requirements of the Southold Town Building Inspector. The entire atmosphere of the subdivision at this time is one that calls for private roads to preserve the existing rustication of the neighborhood. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) .............................................. Stanley Sledjeski Sworn to this ............ ~b .......................... day of .................... ~D.~ ............................ 108 Notary Public BARBARA DIACHUN Notary Public, State of New Yor~ No. 52-4635190 Suffolk County Commission Expires March 30, 19~'0 Suffolk County Department of Planning H. Lee Dennison Executive Office Building Veterans ~morial Highway Hauppauge, New York 11787 Town of Southold Board of Appeals July 18, 1978 Petitioner: Mun. File No.: Stanley, Sledjeski, 2440 Gentlemen: Please be advised that pursuant to Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Lee E. Koppelman Director of Planning GGN:fp Chief Planner TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1 and m, the . . .B~..~.(~..O.~..Ap~.~.a. ~ ................ of the town of .... .S.o.~..~.h.o.~d. ................ (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes ................ Special permits ...i.....X .... Variances Stanley $1~Jeekt 2760 Ruth Road Mattituck, New York Appeal No. 2440 11952 within 500 feet of: (check one or more) York. ......... X..... Town or village boundary line, or shore line ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated Comments: Granted recognition of access for two private roads of a subdivision whioh had been established in 1974. (signed) Title C~ Date received by Suffolk County Planning Commission ................................ .................................................... File No ................................. RICHARD F. LARK June 15, 1978 Mrs. Judith Terry Southold Town Clerk Main Road Southold, NY 11971 RE: Stanley Sledjeski Application for Variance Dear Mrs. Terry: In connection with the above-captioned matter, I am enclosing the following: 1. Application for Variance in triplicate. 2. Exhibit 1 - Map of Subdivision Plan Prepared for Stanley Sledjeski revised March 6, 1974. 3. Exhibit 2 - Declaration of Covenants and Restrictions dated March 14, 1974. 4. Original Notice to adjoining property owners with proof of mailing and certified mailing receipts attached thereto. 5.My check payable to the Town of Southold in the amount of $15.00. Kindly place this matter before the Board of Appeals so that a date may be set for a public hearing. Very~truly yours I / C 4~ichard F. ~rk RFL/bd Enclosures O JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 June 15, 1978 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2440, application of Stanley Sledjeski for a variance. Also included are notification to adjoining property owners as follows: Mr. & Mrs. Warren Brady, Bergen Avenue, Mattituck, N.Y.; Jane Shannon, 15 Chelmsford Drive, Glen Head, N.Y. 11545; Mr. & Mrs. John T. Ballard, Randall Road, Wading River, N.Y. 11792; Mr. Adam Gatz, 584 Northville Turnpike, Riverhead, N.Y. 11901; Mr. & Mrs. Alexander Hluszko, 2760 Ruth Road, Mattituck, N.Y. Town ~lerk (/ JTT/bn cc: file Enc./ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No .............. -. .................................................... Date ............................. ~'~J......: ~.. ~, To ......... ~.~ ........ ~_.~..: ....... PLEASE TAKE NOTICE that your application dated ......................................... .~.~....(..., 19....'~'...~.~''~ for permit to construct . .4~.. ............... at the premises located at .....~...~ ...... . .~..~.......~./...~......~... ~..~.. ............. Street ~7 ~--~ Map .................................... Block ............................................ Lot ................................................ is returned herewith and disapproved on the following grounds .......... ~.....~....:~ ............ ..~.:.~.d ......... ~ ........ .~....~! ........... ~~~ ........ .~. ...... ~.c~.......~.......~ ........... ......... ....... ........ Building Inspector 7637 DECLARATION OF COVENANTS AND RESTRICTIONS by STANLEY SLEDJESKI DECLARATION made this 14th day of March, 1974, by STANLEY SLEDJESKI, residing at 2760 Ruth Road, Mattituck, New York, here- inafter called the Declarant. WHEREAS, the Declarant is the record owner of the followin¢ described premises: ALL that certain tract or parcel of land, situate, lying and being in Cox's Neck in Mattituck, Town of Southold, County of Suffolk and State of New York, being a part of what is generally known as the J. J. Lindsey Farm, and more particularly bounded and described as fol- lows: BEGINNING at the southeast corner of the premises about to be described at the northeast corner oi land formerly of Edwin H. Brown, now or formerly of Cornelia S. Hubbard, said point of beginning being distant the following two (2) courses and distances from the southwesterly terminus of Ruth Road: (1) South 22° 56' 50" East, 97.65 feet, (2) South 22© 23' 30" East, 26.00 feet to the true point or place of begin- ning; running thence from ~aid point or place of beginning along land formerly of Edwin H. Brown, now or formerly of Cornelia S. Hubbard, South 67° 37' 20" West, 409.36 feet to land for- merly of Edwin H. Brown, now or formerly of Rose Rohdenburg; thence along said land, North 23© 58' 10" West, 1138.22 feet through a monument to Long Island Sound; thence on a tie line course along the average highwater mark of Long Island Sound, North 60© 34' 00" East, 301.36 feet to land formerly of Shirley Cox, now of Helen Sledjeski; thence along said land of Helen Sledjeski the following four (4) courses and distances to the northwesterly terminus o~ Ruth Road: (1) South 23° 58' 10" East, 716.90 feet, (2) North 66° 01' 50" East, 67.68 feet, (3) South 22© 56' 50" East, 282.72 feet, (4) North 71° 39' 20" East, 50.16 feet to a monument and the northwesterly terminus of Ruth Road; thence South 22° 56' 50" East, 50.16 feet across the westerly terminus of Ruth Road to a monument and the northwesterly corner of Lot #56 on a certain map entitled, "Map of Sunset Knolls, Sec. 2," filed in the Suffolk County Clerk's Office as Map No. 5448; thence along said lot the following ~wo (2) courses and distances: (1) South 22° 56' 50" East, 97.65 feet; (2) South 22° 23' 30" East, 26.00 feet to the point or place of beginning. WHEREAS, the Declarant intends that the aforesaid land shall be developed as a planned community of one-family dwellings, and in order to provide for the beneficial and harmoni- ous development, the Declarant desires to impose certain restric- tions and covenants on the aforesaid land which shall be binding on all the purchasers and mortgagees of individual plots, their heirs, executors, administrators, and assigns. Annexed hereto and made a part hereof as Exhibit "A" is a certain map entitled, "Minor Subdivision Plan Prepared for Stanley Sledjeski at Mattituc~ Town of Southold, Suffolk County, New York," by Young & Young, dated Decen~er 27, 1973. NOW, THEREFORE, said aforedescribed premises shall be subject to the following covenants and restrictions which shall run with the land: 1. No lot, as shown on said map annexed hereto as Exhibit "A," shall be subdivided or sold except as a single unit or parcel nor shall the owner thereof rent a portion or portions of the premises to boarders or transients. 2. No lot shall be improved or have placed or maintained thereon any structure other than a single-family dwelling, not to exceed two stories in height with a detached private garage for not more than three (3) automobiles. A two-story dwelling shall contain a first-floor area of not less than 1,100 square feet, and a one-story dwelling shall contain a floor area of not less than 1,600 square feet, (exclusive of detached garages, carports, open breezeways, porches or basements). 3. No dwelling or structure may be erected or modified without the prior written approva~ of the site location and build- ing plans and specifications by the Declarant. 4. Ail dwellings and structures shall conform to all ap- plicable codes and regulations of the Town of Southold, and no Variance thereof may be obtained without the written approval of the Declarant. Flat-roof construction and asbestos siding shall not be used on any dwelling or structure. 5. No fences, signs, or clothes lines shall be erected, or hedges grown upon the property without prior written approval of the Declarant. 6. Tree stumps and debris must be removed from any lot prior to occupancy. No area of the premises may be used for the dumping or storage of garbage, and all such materials shall be stored in hidden, sanitary containers and shall be removed regu- larly from the premises. There may be no total removal of trees from any lot, and the grounds of each lot at all times shall,be reasonably well maintained. 7. No mobile type home or trailer shall be kept, used, moved or allowed on said premises regardless of the size, with the exception of a boat trailer which shall be stored in an enclosed garage. -2- 8. NO animals, livestock or poultry of any kind shall be raised, bred or maintained on any lot, except for dogs, cats, or other household pets provided they are not raised, bred or main- tained for any commercial purpose. No animals shall be housed on the exterior of the premises, with the exception of doghouses. 9. The premises shall not be used for the manufacture or sale of merchandise or goods of any kind, for any trade or busines~ whatsoever, or for the display of any advertising or commercial signs. No obnoxious or offensive activities shall be carried on upon any lot, nor shall anything be done on the lot which may be- come an annoyance or nuisance to the neighboring properties. 10. No electric or telephone poles shall be allowed on the premises as all utility services for electric and telephone will be installed by a residential underground system, at the expense of the lot owners. An easement in the "rights-of-way" as shown on said map annexed hereto as Exhibit "A" shall be expressly reserved for the installation and maintenance of utility lines for electric telephone, and any other utility service to each lot owner. 11. Ail owners of lots, their guests and invitees, are hereby granted an easement for the purpose of ingress and egress i common with others, at their own risk, over the "rights-of-way" as shown on said map annexed hereto as Exhibit "A." 12. Each and every lot conveyed shall be subject to an annual charge in an amount that will be fixed by the Declarant, his successors and assigns, not, however, exceeding in any year, the sum of Twenty-five ($25.00) Dollars per lot. The owner of any lot, himself, his heirs, successors and assigns, covenants he will pay this charge to Declarant, his successors and assigns, on the 1st day of January in each and every year, and further covenants that said charge on said date in each year shall become a lien on said land and shall continue to be.such lien until fully paid. Such charge shall be payable to the grantors or their successors and assigns, and shall be devoted to the maintenance of the "right~ of-way" as shown on said map annexed hereto as Exhibit "A," and other community purposes beneficial to the real property abOve- described. A party, by the acceptance of a deed, hereby expressly vests in the Declarant, his successors and assigns, the right and power to bring all actions against the owner of the premises here- by conveyed or any part thereof for the collection of such charge and can enforce the aforesaid lien therefor. 13. At such time as a property owners' association of the owners of the real property affected hereby is duly incorporated according to the laws of this State, the Declarant, his successors and assigns, will assign all of his rights, duties, and obligation~ hereunder to said property owners' association. Each owner of a lot shall automatically become a member in such property owners' iassociation; however, each lot shall be entitled to only one vote. 14. These covenants shall remain in force and effect u~til January 1, 2000, and may be enforced by any action for damages, an injunction, or both. 15. The Declarant, his successors and assigns, hereby re- iserve the right to alter, modify, extend, terminate or annul any io~ these covenants, in whole or in part, without consent of any iperson. -3- 16. Invalidation of any of the aforesaid covenants and restrictions and conditions by a judgment or court order shall not affect any of the other provisions which shall remain in full forc~ and effect. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) SS: Mattituck, New York, and who executed the he executed the same. On the 14th day of March, 1974, before me person- ally came STANLEY SLEDJESKI, who resides at 2760 Ruth Road, to me known to be the individual described in foregoing instrument, and acknowledged that Notary Public -4- BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of STANLEY SLEDJESKI to the Board of Appeals of the Town of Southold TO: Mr. & Mrs. Warren Brady Jane Shannon Mr. & Mrs. John T. Ballard NOTICE Adam Gatz Mr. & Mrs. Alexander Hluszko Helen Sledj eski YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (l~]:i~l:~:(~/~elf~l:~ (the following relief: Approval of the rights of way as access, on the Minor Subdivision Plan Prepared for Stanley Sledjeski, at ). Mattituck, Town of Southold, Suffolk Co., N.Y., Map #90. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed ~ follows: Minor Subdivision Plan Prepared for Stanlev Sledleski. at Mattituck. Town of Southold, Suffolk Co., N.Y., Map #90 approved by the Southold Town Planning Board on 4/30/74. District 1000, Section 106, Block 1, Lot 1.1 3. Thatthe property whichisthesubjectofsuch Petitionislocatedlnthefollowingzoning district: "A" Residential and Agricultural District / 4. That by such Petition, the undersigned willrequestthefollowingrelief: Approval of the rights% of way as access, on the Minor Subdivision Plan Prepared for Stanley Sledjeski. $.Thatthe provisions ofthe Southold Town Zoning Code applicabletothereliefsoughtbythe under- signed are: Section 280-a of the Town Law of the State of New York 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 ma)' then and there examine the same during regular office hours. 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: June 14, 1978 Petitioner ~Sta~ley S~dj eski Post Office Address 2760 R~th R~ad Mattituck, New York 11952 NAME PROOFOFMAILINGOFNOTICF ADDRESS Mr. & Mrs. Warren Brady Jane Shannon Mr. & Mrs. John T. Ballard Mr. Adam Gatz Mr- & Mrs. Alexander Hluszko Helen Sledjeski Bergen Avenue Mattituck, New York 11952 15 Chelmsford Drive Glen Head, New York 11545 Randall Road Wading River, New York 11792 584 Northville Turnpike Riverhead, New York 11901 64-08 Alderton Street Rego Park, New York 11374 2760 Ruth Road Mattituck, New York 11952 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Mary Lou Doroski , residing at Peconic Bay Boulevard, Laurel, New York, , being duly sworn, deposes and says that on the of June ., 19 78 ., 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 Cutchoque, New York ; that said Notices were mailed to each of said persons by (certified) Sworn to before me this day of June , 19 78 Notary Public BARBARA DIACHUN Notary Public, State of New York No. 52-4635190 Suffolk County Commission Expires March 30, 19g0 t~ MATCH L: NE SEE SEC. NO MATCH FOR PARCEL SEC NO Og -OOi 0.0 tOP SOIL ~00 ~AL. SEPTIC TANK L · = MOA'UMEN? ELEVATIONS ~ REFERENCED TO AN ASSUMED OATUM. ~ = ~EP~IC ~ANK ~ L EA~HIN~ ~OL P~O ~A ~ION % = WELL P~S~ LO~ATION LOT ~ = ~.~ ~ LOt 3 = I. ~85 ~ LOT 4 = Z S~ £EAC#ING POOl TO,IL SlD ~eWA L L ~INISHED GRADE ] OWNER: STANLEY SLEDJESKI RUTH ROAD MATTITUCK,N.Y. / WELL DET~.K RI[VISIONS JAN. 8, 1974 JAN~ 51,1974 MAR.6~ 1974 YOUNG & YOUNG 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK ALDEN W. 'YOUNG ~~O~U~N~G STANLEY SLEDJESKI "MT[TTITUCK A 'town o~ SOUTHOLD SUFFOLK CO., N.Y. SCALE: I" = IOO' DATK:DEC. 2?, 1973 I-v' 73-1228 I