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1000-121.-4-8
Q L- �. Q V 1 yp/ �l r/-d WATER SUPPLY AND SEW TG DISPOSAL koAD SYSTEMS FOR THIS RESIDENCE WIC L CONFORM K TO THE STANDARDS OF THE SUF�,1( COUNTY C, , DEPT. OF HEALTH SERVICES. PROP. z BL OG. W w ej o� 900 �— Y. F / �� / / R D \ GAL. 0 SEPTIC 0 TANK � / / DgED Jk / PRDP 1 L.P. 300 50, FT —� y KEY MAP J 200 o zm Ica V, 25' ROW _ - 0"log TYPICAL PLOT PLAN � � � ° �• ,OONN � 5g, o� N f TEST HO L ES � r 140 roPsolL TOPSOIL SANDY LOAM 3 � SANDY LOAM _ SANDY LOAM I_. 1 h O. lv SAND Q a 8 5 ) \ Z - cRA�EL ! �o `�\ �,9ea• 8 �' �_ _ ,� / 'rJ � CRES cps o l SAND SANDfie--. \\ SAND / �/ n ` \ \2GN 2 J CJ `s ) O - / / 3 4) r' d 0 c / 1 0� 2 0 TEST WELL / �' -\�•v _ .. c? cam __ - / �tN• v ' � 7.4'E.---- - - -- - - -- --- t -- / L D 1 cn 26.63 211.00 — — — — -- -- 3 toN R \ L RA vE L -- --- �E J�� N. O/ 0/5 "00 E_ LED pigT '. \ � � � � ' w• RDAD 700. 0/ 't 1 5' W It•Z 5 5 a° � ' R o ,--'19 0' \ , 25 ��n 3�3' a 14 8 GRE Om \ A � ' �I 655 3 2 1 RECEIVED BY PCL SGUTHRO TOWN FIANNING BOARD 049 i.E � 8 141 �E 2 Z j ' \ DATE P°i,E D 0 P°P V 55 I / f E QED ,24.�£ a9� 91 F PR EL /4-'/N ; PL A N OF f'ROPO� " •!> °W �Ut�L6Pn 50 la�" / IWII®lT' .SUf��JI t//J�'/OIL Ir UtIt-, ao 0 V r � - ,. �,t�� E 08 Ld ',w f i T /1A T T/TUC)' , �s��� co��a 1 20 t�L/'���t w 05 TOWN OF SOUT,�'OZ.® TC�1� H OF So�T�°�OI. .5 Uf-FOL /� CO All. K. DATA AY Ot �.' S R TEND RaW ��L%'E k Dr - /0-09-64 //30 ` \ �E�T HOLES DDITION D _ IO-02-84 % 4 00 RE wrl Z1o30 0� 5AY _ NIF 1NC NOTE land suryors and OMES CONTOURS TAKEN FROM SUFFOL/f Ci'NTY DPW.W. AERIAL MAPS. nn � rs f� consulting h.E n. ultin engine—crs MONUMENT FOUND . %W %,. AREA /, /99,/43 �' OVERHEAD WIRES. 1 ,� I "'lost Main sfrCCt 27. 5285 ACRES �, r rivethe a d 7 ne w york 11901 vo ' (516) 36a-1717 ' May 4 , 1984 Job 1000-121- 04-08 S N° �' _476 teal@ ' I ` 100' A- DECLARATION OF COVENANTS AND RESTRICTIONS ti DECLARATION made this day of �� � 198% by JOSEPH STEIFER and PATRICIA STEIFER, residing at (No number) Leonard Street , Wading River , New York 11792, hereinafter referred to as "Declarants". W I T N E S S E T H : \; WHEREAS, the Declarants are the owners in fee simple of a tract of land at Mattituck, Town of Southold , Suffolk County, New +� York, shown on a certain subdivision map entitled "Preliminary —' .. Plan of Proposed Minor Subdivision, Sundown Farms, at Mattituck, R Town of Southold , Suffolk Co . , N.Y." , a metes and bounds 0 description of which is shown on Schedule "A" as attached hereto Q f and made a part hereof, and referred to herein as the "premises", o °7 � ! and WHEREAS , the Declarants have made application to the � i Planning Board of the Town of Southold for approval to subdivide Q the said real property into four parcels, and � WHEREAS, for and in consideration of the granting of said approval , the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold and the .V.j owners and prospective owners of said parcels that the within covenants and restrictions be imposed on said parcels , and as a condition of said approval said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's I Office, and WHEREAS, the Declarants have considered the foregoing and is determined that the same will be for the best interests of the cJ Declarant and subsequent owners of said parcels, NOW, THEREFORE,T11IS DECLARATION WITNESSETH: That the Declarants , for the purposes of carrying out 'th.e intentions above expressed, does hereby make known , admit , t publish , covenant and agree that the said premises herein 1 J described shall hereafter be subject to the following covenants which shall run with the .land and shall be binding upon al]_ purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit : 1. That there shall be no further subdivision of the lots shown as numbers 2 , 3 & 4 on said subdivision plan , in - perpetuity. 2. That any further subdivision of lot numbered 1 on said subdivision plan will be considered a major subdivision and shall not exceed four (4) lots . 3. That , except as set forth in paragraphs numbered 1 and 2 above , Declarants reserve the right to impose additional 0 covenants and restrictions , and further reserve the right_ to STATE OF NEW YORK ss.: County of Suffolk t of I, JULIETTE A. KINSELLA, Clerk of the County of said CourtSuffolk bebe nk a Co of Record)Supreme rDO G � the State of New York in and for said County HEREBY CERTIFY�t"hat I have compared the annexed copy o �� � Z-13 9i /`�g �3<S`G 1'►'r,cam and and that it is a just and true copy of such original of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court this GI day of 'Y7 0-e- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Clerk. L _ 12-109:1/94 - ) SS . 't < F SUFFOLK ) 4E day of / r/r�ntD , 19�e'r , before me personally came Steifer and Patricia Stei to me known to be the jiduals described in and who executed the foregoing , g '' �u . �rumtnt and acknowled ed that the ted the same. (Noear P ftVILLI/At,! Iq. PRICE, JR. NOTARY PUSLiC, 51Btr;of New Yorl; No.4644944,Suffolk County Term Expires March 30, 1985 r ;J TOWN CLEIZ.K TOWN OF SOUTHOLID i Suffolk Count}, New York 516 - 7654801 ��� 'y ( 70 2®®4 4 '° Southold, N. Y. 11.971-4---✓Ia- c'�{ 1,9 RE,CkIVED OF, / _Dollars For � / Judith T. Terry, Town Clerk ff Cash ❑ Cheek S �l 7l �/,^a TOWN CLERK:'0"`me®e—.o.--'.�...._.®.�.®.®s.®.�d�..�►.�. 'OWN OF SOUTIIOLD i Suffolk County, New York 516 - 76 Jl N? 138 1 '67 a i 1 So'uLnolil;N. Y. 11971 �. '.r— 19�i i RECEIVED OF i 9 Dollars $ �. �For���cl- Judith T. Terry, Town Clerk 0 Cash ❑ Check ` `7o7i MINOR SUBDIVISION ' \ 1.11/ copies sketch plan received (s COpc,A rtcl ( spot elevations \ I sent to Planning Board 2. Meet with Planning Board 00111' 3 . Required changes sent in writing 4 . New submission received ` 5. Approval - of sketch plan 4 6 Sent letter with resolution approving 7 . Application an fee _ If corporation, affidavit of ownership J 6 copies of final map Covenants and restrictions _ Description of property Note on plat that sanitation ans water facilities meet County Board of Health specifications Developer attend meeting (official submission) , - i" " 8. Public Hearing (within 45 days) Advertised c�L—' Affidavits of publication received i 9 . Action by Planning Board (within 45 days) . J 4� 10 . Sent to County Planning Commission jReceived County' s recommendations O (J" 11. Filed covenants and restrictions received � 12. Authorization and signing of map � S � �✓ . Page 7 11/5/84- Norkus cc nt:. as well.":: s, crtesPbndence. f.rom the applicant-- requestinq that Condit•io No . 4 .of the -County's decision b`e-••overri:dden, by the. Board, and ta,on No 4 stated tkiat "a conservation or scenic easement .hav'ng a 'iii mlmum width of 50'.. sha;l.l" be: established. along th, up' -and side.. of.. the tidal. wetlands along' Cedar Beach Harbor. to insur th t no .cTevelopment aelvers:e to 'the aesthetic quality of the s, ore ine will: take: place along the. shoreline: The .B-oard . . . - . noted .the t t is ',question has p come- before in previous ..subdivisions, and 'there .was- .a question as ..to ..the- County's definition, of a conserva ion or scenic easement: It wa.s..the. consensus 'of the -Board to req •est clarification..f•rom ,the .applicant. regarding . his requ st,. as well as,, an indication -as -to what '.he 'propose*s. to build in the area of the easment.. On a .mot 'on ade .by Mr. Latham, seconded by'Mr,. Ward it was. RESOLVED' that whereas, a. formal application for :-t-he -approval-. of a subdiv'siolas plat entitled "Sundooin- Farms°": located at �Mattituck was' subm'tte ' to .the•Planning Board on June .12.., .] 984 and filing fee of .$ 00 paid 'on October 51 . 1984 , and WHEREAS pu l:ic hearing: was held .on -sai.d,*.subdivis.ion application- '` and plat at . he TO Ha•1,1, Southold,' New York ' on%October 22, 1984 at. 7:45' .m. , and ' WHEREAS., the requirements -of the Subdivision Regulations of the Town of out old have been met by said subdivision plat and appal icat. ..fln, NOW, ,the efo .e, be it resolved: that the application of Joseph and. Pa.tr cia .Steifer to be known as "Sundown •.Farms". for approva-1. of said ubd vision prat prepared by Doriack- Associates .dated May .4., '1 8,4 and amended..Sept. .1:2'1. 1984 , ' October. 2.,. .1984' and . October ` , : 19 84 be: approved and. the chairman be. 'authorized to ,su endorse ppr val •.on said. bdivisibn plate sub. ect - to the following condition : 1. . ' Fit 'ng. of the aavenants .and restrict ions. as prepared.'by the Town Attorney with the :County. Clerk. 2.. Rev'ew by 'the .Suffolk County. Pl.azninq.'Commission of the. sub ivsion plat. : Vot . of the Board: AyeS: Orlowski; Latham, Ward .Philip S ire.,. `The Board reviewed this subdiv.ision :which had a fines]. hearing".. It was rioted that the covenants -and restrictions as to no further subdivion- on Lot 1 in :perpuity' requested at the Bearing; *had not been -submitted. . .It was ' the .consensus 'of. the Boar to 'hold action. -on. 'this application :until the covenant an restrictions Were-.submitted':and approve d by the y. Town AttLfte . . r SU BF P6 l ONGIONI & BORRELLI ►"ZS ATTORNEYS AT LAW 403 FRONT STREET • P.O.BOX 562 GREENPORT,NEW YORK 11944-0562 TEL.(516)477-2048 FAX(516)477-8919 MARIE ONGIONI 7.MUCHMORE LANE CARMELA L.BORRELLI EAST HAMPTON,NY 11937 TEL.(516)324-5209 FAX(516)324-7521 March 17, 1998 Planning Board Southold Town Hall Main Road Southold,New York 11971 Re: Barbara Kujawski -Laurel Lake Road SCTM#1000-121-4-8.2 and 8.3 Dear Members: Please refer to my letter of January 12th which in turn referred to a meeting with the Board, myself and my client, Barbara Kujawski, on December 9, 1997. I have made several telephone inquiries of the Planning Department since my letter of January 12th in an attempt to determine if any of the adtions discussed at the December 9th meeting have taken place. Unfortunately,the answer to my inquiries continues to be that the matter is scheduled for decision and/or action but no decision and/or action has occurred as yet. As you know, a proposed agreement between my client and the title insurer has been held in abeyance pending some action by this Board to attempt to resolve the problems regarding Laurel Road and access to my client's property. Your assistance in resolving this matter has been sought as a last attempt at an amicable resolution without _.. the need for litigation against the Town. However, we have now waited three months for assistance from the Board with no action as yet having been taken. I am afraid that if'we do not hear from the Board in the near future we will have no alternative but to proceed �� reu�ewt� @ �I27Ia$ws, SI�`lla� sr*e -tr> C.3occell;,`�o�t �vcl_ 0,— P3 (Z ws D.scusSec� -f}' Qu t Yuc, C1,emr Covl(& ACS t0- N aCcez avert �.�s���Q cx c� •1 Cau\c� h c� �rwlr2 �n.n.���.�_�, -t ,�'�� Pt SR as Roadatae re u: e,,v ^ tu� VAIN �{� U 71 NC rt <1VG\ ...�'f ..( okb}tt-''�' ��� ,� 5, V . 12 O aMD-G�i►, i I , der C l i F✓���S 2k./ wJ hew fl o�cv r 19 19�8 5ke Ks.k\ rev%ew w) 'r:tic 1a 0 M • Southold Town Manning Board under the assumption that the Town will not be of any assistance and litigation is inevitable. Very truly yours, ONGIONI & BORRELLI �i clb/ns By:ti ' Carmela L. Borrelli cc: Barbara Kujawski kujawski:pbflup2.ltr ONGIONI & BORELLIS R ATTORNEYS AT LAW. 403 FRONT STREET • P.O.BOX 562 . GREENPORT,NEW YORK 11944-0562 TEL.(516)477-2048 • FAX(516)477-8919 MARIE ONGIONI 7 MUCHMORE LANE CARMELA L.BORRELLI EAST HAMPTON,NY 11937 TEL.(516)324-5209 FAX(516)324-7521 January 12, 1998 Planning Board Southold Town Hall Main Road Southold,New York 119.71 Re: Barbara Kujawski - Laurel Lake Road SCTM#1000-121-4-8.2 and 8.3 Dear Members: On December 9th my client, Barbara Kujawski, and I met with you to discuss the "Catch 22" predicament she finds herself in with regard to access over Laurel Lake Road and the issuance of a building permit for her property located along that road. As we discussed at that time,your Board has previously advised that certain roadway improvements must be made to the road before a building permit could be issued despite the fact that the Supreme Court in Suffolk County has determined that my client has a right of way over the road. As we also discussed,we have been unable to obtain authority from Mr. Macari for improvements over that portion of the road that is on his property. On December 9th you advised that one of your members would attempt to speak to Mr. Macari to determine if his cooperation could be obtained. Additionally, you were to speak with the Town Attorney to determine if any relief from the code and/or prior Planning Board determinations could be had to give my.client some relief from what has turned out to be conditions which she cannot meet. I would very much appreciate your advising the status of your discussions with Mr. Macari and the Town Attorney. As I mentioned at our meeting,we have a proposed agreement pending with the title insurer of my client's property which we hesitate to enter SOIfTHOLD TOUVN PLANNING BOARD tlL into if this matter can be brought to a conclusion without the possibility of future litigation. Thank you for your courtesy and attention to this matter. Very truly yours, ONGIONI &BORRELLI 'I clb/ns By: 61., C Carmela L. Borrelli cc: Barbara Kujawski kuj awski:pbfbIup.Itr PLANNING BOARD MEMBERS RICHARD G.WARD S4�-O Gy Town Hall, 53095 Main Road Chairman ® �,� P.O. Box 1179 GEORGE RITCHIE LATHAM,JR. c Southold,New York 11971 BENNETT ORLOWSKI,JR. P Fax (516) 765-3136 WILLIAM J. CREMERS �� ® ��� Telephone (516) 765-1938 KENNETH L.EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 29, 1996 Carmela L. B orrelli 403 Front Street P.O. Box 562 Greenport, New York 11944 RE: Access Road for Sundown Farms Subdivision SCTM# 1000-121-4-8 Dear Ms. Borrelli: Enclosed please find a copy of a letter dated October 17, 1996, which the Planning Board received from Deborah Doty in regard to the above mentioned subdivision. Please address this letter when you address the questions raised in Mr. Richter's June 26, 1996 report. If you have any questions regarding the above, please feel free to contact me. Sincerely, Meliss Piro Planner encl. cc: James Richter Deborah Doty i ids DEBORAH DOTY �l ATTORNEY AT LAW 670 WEST CREEK AVENUE P.O.Box 1181 CUTCHOGUE,NY 11935-0876 Fax 516-734-7702 516-734-6648 October 17, 1996 Planning Board Town of Southold Town Hall 53095 Main Road , Southold, NY 11971 D RE: Barbara Sayre, Laurel Lake Road, Mattituck, NY OCT 1 ® w Access Road for Sundown Farms Subdivision SOUTHOLD TOWN Dear Members of the Board: PLANNING BOARD I represent Barbara Sayre, one of the property owners on Laurel Lake Road. This letter concerns the matters covered in James A. Richter's June 26, 1996 letter to the Board. We apologize for our delay in commenting on the contents of the letter. However, we only recently received a copy. As a preliminary matter, Ms. Sayre does not wish to continue an already protracted dispute. Nonetheless, Ms. Sayre is concerned that the property which she owns will be unreasonably and improperly burdened by the decision of the Board. As stated by Mr. Richter and as evidenced by the enclosed survey, the travelled road extends beyond the subject right-of-way and encroaches on Ms. Sayre's property. Please note, however, that the right-of-way on the survey and in the deed is only 20 feet wide and not 25 feet wide as stated in Mr. Richter's letter. The Board also should be advised that Court's decision, dated July 24, 1995, stated that the plaintiff (Mr. Dantes) could not prevent the defendants from using the portion of the right-of-way which traverses his property as shown on the survey (see p. 12, lines 21-25). The Court did not grant the defendants the right to use the travelled road to the extent that it is located outside the boundaries of the right-of-way. Ms. Sayre and the other property owners whose land is burdened by the right-of-way never were made parties to the litigation between Mr. Dantes and defendants. Accordingly, the Court's decision is not binding on those other owners. I DEBORAH DOTY (cowwua)) , Planning Board - Town of Southold October 17, 1996 Page 2 Without prejudice to her rights and as she previously has suggested, Ms. Sayre recommends that the Board require that all road improvements be made within the right-of- way. Thank you for your consideration in this matter. Respectfully submitted, Deborah Doty Encl. DD:bdr l PLANNING BOARD MEMBERS RICHARD G.WARD Town Hall, 53095 Main Road Chairman �� G?j, P.O. Box 1179 GEORGE RITCHIE LATH",JR. C= = Southold,New York 11971 B y Z Fax(516) 765-3136 ENNETT ORLOWSKI,JR. WILLIAM J. CREMERS S Telephone(516) 765-1938 KENNETH L.EDWARDS y�o•( , �►��� PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 27, 1996 Carmela L. Borrelli 403 Front Street P.O. Box 562 Greenport, New York 11944 RE: Access Road for Sundown Farms Subdivision SCTM# 1000-121-4-8 Dear Ms. Borrelli: Enclosed please find a copy of James Richter's report dated June 26, 1996, in regard to the above mentioned subdivision. Please address the questions raised in the report. If you have any questions regarding the report, please feel free to contact me. Sincerely, % Melissa Spire Planner cc: James Richter, Engineering Inspector y t SUFFoc� P3 RAYMOND L. ]ACUAS ��Q�O c°may %riES A. RICHTER, R A. SUPERINTENDENT H ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT - • PECONIC LANE, PECONIC, N.Y. Fax. (516)-765-1750 y�1j►�l �aQ� Tel. (516)-765-3070 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JUNE 26, 1996 Richard G. Ward Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 Re: SUNDOWN FARMS ^ Sound Avenue, Mattituck I I �� SCTM #: 1000-121-04-08 Lq. ! 2 7 1995L; -- i S0U"iP,0!0 T0WN PLANNING,BOARD Dear Mr. Ward: The required improvements to the existing right-of-way and the actual traveled road adjacent to the above referenced subdivision has been discussed at length. Legal proceedings have also been conducted to verify who has the right to use this existing road. A review of the file indicates that some road improvements to the existing road would be required by the Planning Board as a condition of final approval of this subdivision. The two major items required at that time were to widen the roadway to a minimum of fifteen (15') feet and to provide a two (2") inch compacted lift of 3/4" stone blend over the entire length of the road. The right-of-way (ROW) for the existing road runs basically north to south as you enter the site. The recent map that has been submitted for review indicates that portions of the actual traveled road surface extend out to the west beyond the limits of the 25' ROW for most of its length. The existing traveled road also turns to the west before it reaches the last lot within the subdivision. As I understand it, the recent court proceedings and subsequent decision grants the use of the existing traveled road to the owners within this subdivision. Does that decision include the encroachment onto other properties over the entire length of the road? Does this decision also grant access to the fourth lot by way of the existing dirt driveway at the turn in the existing road? These questions should be addressed before any new work is done. Page 1 of 2 Richard G. Ward JUNE 26, 1996 SUNDOWN FARMS SCTM #: 1000-121-04-08 Page 2 of 2 have been asked by your office to review construction requirements with Mr. Artie Foster, a local contractor, under the following conditions. The existing traveled portion of roadway, in its current location, will stay where it is. Further, this road can be widened to accommodate the 15' width requirements. (NOTE: All proposed widening of the existing road will be to the east within the existing 25' ROW.) With this in mind, several utility poles will need to be relocated. The cost of work to do this, while still maintaining service to existing customers, will need to be coordinated with L.I.L.C.O. Mr. Foster will be preparing estimates for clearing the trees and brush, providing fill for widening the road and providing the 2" compacted lift of stone blend on the entire road. This will include an improved section of roadway that must be extended from the traveled road to reach the fourth lot in the subdivision. If you have any questions concerning this report, please contact my office. S' erely, James A. ichter, R.A. cc: Raymond L. Jacobs (Superintendent of Highways) Art Foster Ms Submission Without a Cover Letter Sender: Date: Subject: SCTM#: Comments: I P Ian MAY Mill,I' 2 3 190% �OrHOLD TGUvfu-- t e: guI711,96on Farms _t y,S.ia,N : k I 1����mirt-t°f'S r l rz�1 S/- � rI , —1), �� Yh-ey t y ��G7 0(�f /OctG''�.G�S 7�t1'U�__. Sa�g'�'P�� rYlUS7� 6►F i�iGl�� 7� t lilt ft3 _ PvpO-elk lwlm 40 Lvr _ Tear-1 , LIamp e ou;(( wtee± I A s ►A-e,_c9ke—iz �. VY�q sju o-ty& ✓YY\i l )-.a+, ,✓lam Y►`�V�J�S C'�iSSk o ,�� r New cec,c( w1 L-j f\tA u' wS2 is `p—� ���„ ' ` 421�—W;-�l Ot�et��nvwOJ4cTl� I APPEALS BOARD MEMBERS OgUFFO(,�CO Gy Southold Town Hall Gerard R Goehringer,Chairman c �'e 53095 Main Road Serge Doyen,Jr. ti Z P.O. Box 1179 James Dinizio,Jr. O ®. Southold,New York 11971 Robert A. Villa 'y�fjol ��0� Fax(516)765-1823 Lydia A.Tortora Telephone(516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD March 25, 1996 Carmela L. Borrelli, Esq. Q� l�N Lq 403 Front Street e P.O. Box 562 MAR 2 6_i996 p ! ,( Greenport, NY 11944 D Re: Sundown Farms Subdivision SOUeHO!D TOWN Dear Ms. Borelli: This is in response to your letter dated March 18, 1996, and hopefully it will be of some assistance to you. We understand that your inquiry is whether• the Planning Board will be able to exercise sole jurisdiction over the "proposed access" route to the two rear lots in the Minor Subdivision of Sundown Farms. The ZBA does not have jurisdiction under the circumstances raised in your March 18, 1996 letter, however, the ZBA could be involved at a future date when a building permit application is filed with the Building Department and wherein the road is not built as required by the Planning Board, or new circumstances may change the project. Since the lots may not be built upon until sufficient access is built, that is, as required by the Planning Board, it is .recommended that the property owners continue pursuing same through that same department. (Note:. If the road is not built and accepted by the Town, the ZBA may be deemed as the appropriate alternative.) Regardless of which route, or which town department is involved, the road improvements must be sufficient for fire and other emergency vehicles at all times, and improved satisfactorily to a width of 16 feet (or more), as well as other specifications, and updated on a continuous basis. The Planning Boarrd is the only town. agency which has had Jurisdiction on this minor subdivision, and as part of the subdivision approval, the Planning Board was, and still is, empowered to authorize access to the lots within the subdivision as part .of its approval. If, however, at some point in time the owners (or subsequent owners) make changes to the project and do not build the access required (or amended possibly in the future) by the Planning Board, then the ZBA could be asked by the Building Inspector, as an V • ' Page 2- Carmela Bor Esq. Re: Access/Sundown farms Subdivision alternative (under New York Town Law, Section 280-A), at the time the Building Inspector receives a building permit application. Since there is no definitive plan confirmed or offered with your March 18th letter, we recommend it be done to show the proposed traveled, cleared route, improved specifications of the road base, location of trees, et cetera. If you submit this to the Planning Board and the route is constructed as per their requirements, then it would be solely the Planning Board's determination as to whether or not the access is sufficient for access by fire and emergency vehicles, etc. to the two rear lots in the subdivision. (Note: Building permits for lots 'outside the perimeter of a subdivision' are deferred to the ZBA for updated access improvements by the Building Inspector, except when a route is already accepted by the Planning Board in a subdivision review process or shown on an official planning map.) Under the circumstances, you should proceed through the Planning Board as the sole agency involved in this application, and when appropriate, the Building Inspector for final approvals on the two proposed rear lots. Very truly yours_, GERARD P. GOEHRINGER C 4,67)� CHAIRMAN - cc: Melissa Spiro, Planner i M ONGIONI & BORRELLI ATTORNEYS AT LAW 403 FRONT STREET • P.O.BOX 562 GREENPORT,NEW YORK 11944-0562 TEL.(516)477-2048 • FAX(516)477-8919 MARIE ONGIONI 7 MUCHMORE LANE CARMELA L.BORRELLI EAST HAMPTON,NY 11937 TEL.(516)324-5209 FAX(516)324-7521 March 25, 1996 Ms. Melissa Spiro c/o Planning Board Town of Southold Main Road Southold,New York 11971 Re: SCTM#1000-121-4-8.2 & 8.3 Dear Melissa: I am in receipt of your letter of March 14th with its enclosure. I have written to the ZBA requesting a definitive statement as to whether or not they will exercise jurisdiction over the matter of access to my client's lots. A copy of that letter is enclosed for your records. As you know, before we can address matters involving the court decision and determine a bottom line cost figure, we must have a definitive statement as to which Board in Southold Town will be exercising jurisdiction and then determine what is required by that Board. My client and I welcome your offer to visit the site with the Engineering Inspector. In this regard, Deborah Doty who is the attorney for one of the adjacent land owners would probably like to attend at the site inspection. Please advise if we can arrange this review as soon as possible because, as I have previously advised,there is a pending appeal: with regard to the recent court decision involving these properties and Q MAR 2 6 1996 SCRiST"s iJ!CI�iOWN / 9 1 L.A JIOI�N' I3i_}A!0, i ti l decisions regarding that appeal must be made shortly. Thank you for your assistance and cooperation. Very truly yours, ONGIONI & BORRELLI clb/ns By: G enc. cc: Barbara Kujawski Gerard Goehringer, Chairman,ZBA Dollinger, Gonski, Grossman, Permut&Hirschhorn,Esqs. (w/encs.) Deborah Doty,Esq. kujawski:pbreg92.Itr P6 ONGIONI & BORRELLI ATTORNEYS AT LAW 403 FRONT STREET • P.O.BOX 562 GREENPORT,NEW YORK 11944-0562 TEL.(516)477-2048 FAX(516)477-8919 MARIE ONGIONI 7 MUCHMORE LANE CARMELA L.BORRELLI EAST HAMPTON,NY 11937 TEL.(516)324-5209 FAX(516)324-7521 March 18, 1996 Mr. Gerard Goehringer Zoning Board of Appeals Town Hall 53095 Main Road Southold,New York 11971 Re: Access to Sundown Farms Subdivision Dear Gerry: I am in receipt of a copy of an "Informal Memorandum" from your office to Melissa Spiro of the Town Planning Department with regard to the above matter. I am the attorney for Barbara Kujawski who owns property in the above subdivision and has been involved in litigation regarding rights of way and access to her property. A recent court decision gave Barbara a right of way over the existing Laurel Road(Way) and I have been endeavoring to determine what will be necessary in terms of improvements to that roadway to enable Barbara to eventually obtain a building permit for her property. In this regard I have requested written confirmation from the Planning Board that they and not the Zoning Board of Appeals will be exercising jurisdiction in order to avoid the possibility of conflicting determinations at some later date. Your "informal memorandum" of March 13, 1996 does not specifically state that the ZBA will defer to the Planning Board in this matter. I would very much appreciate receiving written confirmation from you that the ZBA will not exercise jurisdiction but rather will defer to the Planning Board in this matter. For your information,we are under the time constraints of a possible appeal of the aforesaid decision in the prior litigation and are attempting to determine what must be In JU MAR 1 9 1996 i SOUTHOLD TOWN PLANNING BOARD done to the road before the time expires to appeal. The title company's attorneys have advised that "time is of the essence" in this matter and your prompt response would therefore be greatly appreciated. Very truly yours, ONGIONI & BORRELLI, ESQS. clb/ns By: Carmela L. Borrelli cc: Barbara Kujawski Dollinger, Gonski, Grossman, et al. Melissa Spiro, Planning Department kujawski:zbareq.Itr ONGIONI & BORRELLI ATTORNEYS AT LAW 7 MUCHMORE LANE EAST HAMPTON.NEW YORK 11937 TEL.(516)324-5209 • FAX(516)324-7521 MARIE ONGIONI 403 FRONT STREET CARMELA L.BORRELLI P.O.BOX 562 GREENPORT,NY 11944 TEL.(516)477-2048 FAX(516)477-8919 March 12, 1996 Ms. Melissa Spiro c/o Planning Board Town of Southold Main Road Southold, New York 11971 Re: SCTM#1000-121-4-8.2 & 8.3 Dear•Melissa: This will confirm my advice to the Planning Board at their work session last night, that Barbara Kujawski needs to have a definitive statement from the Planning Board that it has and will exercise jurisdiction over the matter of the road leading to her property. As I stated last night, a court decision has given Barbara and others a right of way along Laurel Lake Road (Way). A decision on whether or not to appeal the court decision is pending and before that decision is made we must establish first, who exercises jurisdiction of the possible improvement of the road, and second, exactly what will be required with regard to those improvements. With regard to the second question, if as we assume, the Planning Board will be exercising jurisdiction over this matter, it is essential that we determine, in detail, exactly what will be required to be done to the road in order to enable Barbara to obtain a building permit for her two lots. In this regard, we will need to know if utility poles will be required to be moved, trees cut down, etc. in addition to the surfacing of the road. As was mentioned at the meeting last night, Barbara's attorneys (for the title company that insured her property) must have answers to these questions before the MA,R 1 2.1996 a k ` . SCUTHiU O''I'N PLANNING„�,6iiA1,D m � deadline to file an appeal is past. It is therefore very important that we have answers to these questions as quickly as possible. Thank you, and the Board, for your assistance and cooperation in this matter. Very truly yours, ONGIONI& BORRELLI clb/ns By: ti Carmela L. Borrelli By Mail&Fax cc: Barbara Kujawski Leslie A. Foodim, Esq. Kujawski:pbregmts.1tr PLANNING BOARD MEMBER:.— RICHARD G.WARD � CQ Town Hall, 53095 Main Road Chairman G'y P.O. Box 1179 .fit Southold,New York 11971 GEORGE RITCHIE LATHAM,JR. CIOz Fax(516) 765-3136 BENNETT ORLOWSHI,JR. ,y n� WILLIAM J. CREMERS + Telephone(516) 765-1938 KENNETH L.EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 14, 1996 Carmela L. Borrelli 403 Front Street P.O. Box 562 Greenport, New York 11944 RE: Access Road for Sundown Farms Subdivision SCTM# 1000-121-4-8 Dear Ms. Borrelli: Please find the following in response to your discussion with the Planning Board at the March 11, 1996 work session and your letter of March 12, 1996. The+.,gbove mentioned subdivision received conditional final approval on November 5, 1984, and was subsequently endorsed by the Planning Board Chairman on December 3, 1984. During subdivision review, there were questions raised as to whether or not the applicant had legal right to use an existing road (Laurel Lane) which was shown on the subdivision map as meandering over the west side of the subject property and the properties located to the west of the subject property. It appears that the applicant did not provide sufficient proof of access during the subdivision review. Accordingly, a 25' right-of-way was shown on the map within the subdivision boundaries to provide access to the lots within the subdivision. However, although it is not specifically stated as p such in the record, it appears that this issue was left open ended in that if the applicant provided proof of access over Laurel Lane, and made the improvements outlined in the Road Inspector's various reports, then Laurel Lane could be used to provide access to the lots within the subdivision. After the subdivision was endorsed, the applicant made some improvements to the existing travelled road, Laurel Lane. However, the road improvements were not accepted by the Town. The inspection reports in the file, which were adopted by the Planning Board, all recommend additional road improvements. Access approval (280-a) from the Zoning Board of Appeals was not required during the time of subdivision review. You asked the Planning Board at the March 11, 1996 work session which Board, the Zoning Board or the Planning Board, had jurisdiction over the road requirements. I discussed this with Linda Kowalski, Secretary for the Zoning Board of Appeals, and received the attached response dated March 13, 1996, from the ZBA Office. Sundown Farms March 14, 1996 Page 2 In regard to required road improvements for the subdivision, the Planning Board has not changed its determination from that outlined in my April 5, 1995 letter. If your client is unable to improve Laurel Lane due to restrictions imposed by the Court's Decision in regard to the property boundary dispute, the right-of-way shown within the subdivision boundaries must be improved. If you wish, an on site meeting with the Engineering Inspector can be scheduled to review the location of the existing road and the areas requiring improvements. A decision will then be made as to whether a new map must be prepared showing the location and width of the existing road, utility poles and all other related easements. Please contact me if you have any questions regarding the above. Sincerely, eeesse6a4 WSJ it Planner encl. cc: #'J�ames Richter, Engineering Inspector Zoning Board of Appeals INFORMAL MEMORANDUM TO: Melissa Spiro, Planner (PB Office) FROM: Z.BA Office(%�,C:2�.,J DATE: March 13, 1996 SUBJECT: Access to Minor Subdivision Fronting' along a Town Street In response to your incli6ries of yesterday, this will confirm that. I have discussed .the same with the ZBA Chairman, and with the .following, we hope to be able to assist you in clarifying inquiries from Carrrrella Borelli, attorney for Barbara Kujawski, (and other inquiries in the future) concerning jurisdiction of the two boards on priva.t:e roads: *AlI applicable codes require minimum standards (at least 16' .improved width) for. subdivision access and any other types of a.ccess. E *When an application is received, or is pending under SEQRA for. a. subdivision, and either side of the ROW is within the boundary of the subdivision, or when the property fronts along a town street, t:he Planning Board retains jurisdiction (with the assistance of the Town Engineer's office) . *When a road 'or. ROW is not within the boundary of the subdivision and the property does not front along a town street, then a variance may be applied for since there is no alternative for applicant to build a road. *All roads and ROW must be built, we understand,,. for subdivisions or other projects, before the subdivision is completed and before a building permit is issued (ref. Town Law, Section 280-a, etc.) . *I.n all of the above situations, the minimum standards' have been for a. minimum 16' improved width (or greater as may be determined by the board) when two or more lots are using a single access. We do believe that the Planning Board's requirements for the 16-ft. improved width (25 ft. easement) are reasonable and necessary, since the land is available from the developer of the subdivision. P.S. Has the PB considered any ideas to relocate a 10' portion of the 25 ft. width to be 10 .feet on the meandering ROW, and the r emai.lring .15 feet. within the bounds of the subdivision property? This is only a thought: for an alternative, however the PB might want Page 2 - March :13, 1. _ To: Melissa Spiro R.e: Subdivisions on 'Town Streets h) consider it if it ha.sn't already done so. This modification should also be retained under Planning Board jurisdiction a.s part of the subdivision's requirements before its completion. s LI 1 INP ORMAL MEMORANDUM r TO: Melissa Spiro, Planner (PB Office) l-�l_'d MAR 1 4 1996 D FROM: ZBA Office � SOUTF,i UD T(Vill, �_ b DATE: March 13, 1996 SUBJECT: Access to Minor Subdivision Fronting along a Town Street In response to your inquiries of yesterday, this will confirm that I have discussed the same with the ZBA Chairman, and with the following, we hope to be able to assist you in clarifying inquiries from Carmella Borelli, attorney for Barbara Kujawski, (and other inquiries in the future) concerning jurisdiction of the two boards on private roads: *All applicable codes require minimum standards (at least 16' improved width) for subdivision access and any other types of access. *When an application is received, or is pending under SEQRA for a subdivision, and either side of the ROW is within the boundary of the subdivision, or when the property fronts along a town street, the Planning Board retains jurisdiction (with the assistance of the Town Engineer's office) . *When a road or ROW is not within the boundary of the subdivision and the property does not front along a town street, then a variance may be applied for since there is no alternative for applicant to build a road. *All roads and ROW must be built, we understand, for subdivisions or other projects, before the subdivision is completed and before a building permit is issued (ref. Town Law, Section 280-a, etc. ) . *In all of the above situations, the minimum standards have been for a minimum 16' improved width (or greater as may be determined by the board) when two or more lots are using a single access. We do believe that the Planning Board's requirements for the 16-ft. improved width (25 ft. easement) are reasonable and necessary, since the land is available from the developer of the subdivision. P.S. Has the PB considered any ideas to relocate a 10' portion of the 25 ft. width to be 10 feet on the meandering ROW, and the remaining 15 feet within the bounds of the subdivision property? This is only a thought for an alternative, however the PB might want r� r' Page 2 - March 13, 1996 To: Melissa Spiro Re: Subdivisions on Town Streets to consider it if it hasn't already done so. This modification should also be retained under Planning Board jurisdiction as part of the subdivision's requirements before its completion. DOLLINGER. GONSHI, GROSSMAN, PERMUT & H RSCHHORN ATTORNEYS AND COUNSELLORS AT LAW ONE OLD COUNTRY ROAD M ATTHEW DOLLINGER• CARLE PLACE. NEW YORH 11514 - DENNIS M. GONSKI•• (516) 747-1010 LESLIE A.FOODIM MICHAEL J. SPITHOGIANNIS FLOYD G. GROSSMAN... FAX (516) 747-2494 JESSICA M. SEIDMAN MICHAEL PERMUT ALAN K. HIRSCHHORN ALICIA B. DEVINS BRUCE N.ROBERTS MINDY WALLACH •NEW YORK AND FLORIDA BAR RACHEL L.HOLLANDER '-NEW YORK.NEW JERSEY AND PENNSYLVANIA BAR September 7, 1995 JEFFREY M. SCHWARTZ ...NEW YORK AND PENNSYLVANIA BAR IRWIN M.MILLER COUNSEL Ms . Barbara Kujawski Sound Avenue MARY ANN D'ESPOSITO P.O.. Box 1113 LEGAL ASSISTANT Mattituck, New York 11952 Re : Dantes v. Stiefer, et al . Our File No. 2716 Dear Ms . Kujawski : Enclosed please find a copy of the Court1s Decision in connection with the above-referenced matter. A Judgment will be submitted based thereon shortly. Please feel free to call me if you have any questions . Ve y truly yp rs,t �;.�eslife A. Foodim LAF: lmm 2710:uj . ltr Enclosure J / SUPREME COURT OF THE STATE OF NEW PORK- SUFFOLK COUNTY --------------------- ----------------X CHRISTOPHER DANTES, DECISION OF THE COURT Plaintiff, -against- INDEX NO. 87-5670 JOSEPH STIEFER, PATRICIA STIEFER, t MARILYN GATZ, and BARBARA KUJAWSKI, a/k/a BARBARA ANN KUJAWSKI, Defendant. -------------------------------------X July 24, 1995 Central Islip, New York B E F O R E : HONORABLE JOHN F. O'SHAUGHNESSY, Judicial Hearing Officer APPEARANCES: BRUCE KENNEDY, P.C. Attorney for Plaintiff 31 Greene Avenue Amityville, New York 11701 DOLLINGER, GONSKI, GROSSMAN, PERMUT & HIRSCHHORN, P.C. Attorneys for Defendants One Old Country Road Carle Place, New York 11514 FRANK J. FEICCO, C.S.R. OFFICIAL SUPREME COURT REPORTER 2 1 Dantes vs. Stiefer, et. al. 2 [At approximately 10:05 a.m. , the 3 following occurred in chambers: ] 4 THE COURT: This is the matter of 5 Christopher Dantes against Joseph Stiefer, 6 Patricia Stiefer, Marilyn Gatz, and Barbara 7 Kujawski, also known as Barbara Ann Kujawski, 8 Defendants. 9 [No appearance by Counsel. ] 10 THE COURT: This action concerns itself 11 with the dispute over right, title and 12 interest to a certain strip of land which 13 bounds the lands of the Plaintiff on its 14 easterly side and the lands of the Defendants 15 on its westerly side. 16 The Plaintiff, Christopher Dantes, 17 acquired title to certain premises at 18 Mattituck in the Town of Southold on June 13, 19 1985, by deed containing a metes and bounds 20 description. [Plaintiff' s Exhibit 1. ] 21 The Defendants, Stiefer, had previously 22 acquired title to certain lands adjoining the 23 Plaintiff to the east on November 8, 1994, by 24 deed containing a metes and bounds 25 description. [Plaintiff' s Exhibit 12. ] 3 1 Dantes vs. Stiefer, et. al. 2 Thereafter, the Stiefer property was 3 subdivided into four [4] lots. Two of the 4 lots were sold to the Defendant Kujawski 5 [Plaintiff's Exhibits 14-15] , and one lot to 6 Defendant Gatz [Plaintiff' s Exhibit 16] . 7 The Stiefers retained one lot. 8 Subsequent to the commencement of this action, 9 the Stiefer property was conveyed to the 10 A.A.B.R. Facilities Holding Corp. 1. 11 Footnote. 12 It will be .continued to be referred to 13 as the Stiefer property in this decision for 14 the reason that it has been so characterized 15 by the attorneys. 16 Decision: The Dantes property and the 17 Stiefer property both front on Sound Avenue 18 and are adjacent to each other along Dantes ' 19 easterly boundary and a part of the Stiefer 20 westerly boundary. [Plaintiff' s Exhibit 17; 21 Defendants' Exhibit A. ] 22 The Gatz and Kujawski properties lie to 23 the south of the Stiefer parcel and to the 24 southeast of the Plaintiff' s property. 25 The distances and directions in a part i ' 4 1 Dantes vs. Stiefer, et. al. 2 of the metes and bounds description in the 3 Stiefer deed [Plaintiff' s Exhibit 12] , does 4 not comport with the metes and bounds 5 description of the Dantes deed [Plaintiff's 6 Exhibit 1] . 7 As a result thereof, there is an 8 apparent overlap of approximately fifteen [15] 9 feet created. Gatz and Kujawski are affected 10 because their deeds give them access to Sound 11 Avenue over the westerly twenty-five [25] feet 12 of the Stiefer parcel. 13 The deed into Dantes [Plaintiff' s 14 Exhibit 1] reserves a twenty [20] foot right- 15 of-way along the easterly boundary of his 16 property. There is a right-of-way running 17 along the westerly boundary of the Stiefer 18 property. There is also an existing roadway 19 or right-of-way commonly known as Laurel Lake 20 Road, which has been in existence for many 21 years and as used, traverses both the property 22 of the Plaintiff and the Defendants. 23 The Plaintiff has commenced this action 24 claiming to have superior title to the 25 disputed overlap and seeks his complaint to 5 1 Dantes vs. Stiefer, et. al. 2 clear the rights of the parties with respect 3 to the premises in question and to enjoin the 4 Defendants from entering upon his property. 5 All parties acknowledge that the 6 Plaintiff has the burden of proving by a fair 7 preponderance of the evidence that the 8 Plaintiff has superior title to the disputed 9 area. 10 There were six witnesses who testified: 11 1] Christopher Dantes, the Plaintiff; 12 2] Barbara Sayre, a property owner to 13 the south of the Plaintiff; 14 3] Roderick Van Tuyl and Harry 15 Hillebrand, surveyors, testified for the 16 Plaintiff and, 17 5] Barbara Ann Kujawski, a Defendant, 18 and, 19 6] Kenneth H. Beckmann, a surveyor, 20 testified for the Defendants. 21 The lands of both the Defendants and the 22 Plaintiff are carved out of what had at one 23 time been larger tracts of land. The 24 Defendants' lands can be said to descend from 25 lands once belonging to "Hallock" and the � 6 1 Dantes vs. Stiefer, et. al. . 2 Plaintiff's premises appear to have descended 3 from lands once belonging to "Jazombek. " 4 The surveyor, Roderick Van Tuyl 5 participated in the survey of the Hallock 6 property in 1950, which survey was signed by 7 his father, Otto Van Tuyl. [Plaintiff' s 8 Exhibit 21 and Record Page 133. ] 9 'He is one of three surveyors who 10 testified at the trial. 11 The westerly line of that survey came 12 from a survey of property to *the west of the 13 Hallock property and the easterly line came 14 from a survey of property to the east [Record 15 Page 136] . Four concrete monuments were set 16 to mark the boundaries of the property [Record 17 Page 138] . In 1961, he prepared a survey of 18 property to the south of Hallock, C.A. Price 19 and Company [Plaintiff ' s Exhibit 22] . 20 The Price northerly boundary and the 21 Hallock southerly boundary are congruent, 22 although the Price parcel runs 16 feet further 23 west than the Hallock property. In the 24 northwest corner of the Price survey, there 25 are two monuments shown. [Record Page 144] 7 1 Dantes vs. Stiefer, et. al. 2 The easterly of the two monuments were set by 3 Van Tuyl in 1950. [Record Page 144] The 4 other monument to the west is the boundary 5 between Price and Camp Molloy. [Record Page 6 156] 7 The Price and Hallock boundaries are the 8 same, except that Hallock' s property line at 9 that point was 16 feet to the east of the 10 Price parcel. [Record Page 145] 11 The monument which bounded the Price 12 parcel existed and was found1by Van Tuyl when 13 he did the Hallock survey in 1950. [Record 14 Page 146] 15 In 1969, Van Tuyl prepared a survey for 16 one John Chrisona and is of some 63 acres to 17 the west of Hallock. [Exhibit 23; Record Page 18 149] 19 It is from this surveyed property that 20 the Plaintiff' s land was taken. It has a 21 common easterly boundary with the Hallock 22 property [Record Page 151] . The monument 23 shown on the southeast corner of the Chrisona 24 survey is the same as that shown on the 25 southwest corner of the Hallock' s survey. • 8 1 Dantes vs. Stiefer, et. al. 2 Van Tuyl ' testified that the monument on 3 the northeast corner of the Plaintiff' s 4 property is the same monument as shown on the 5 Hallock survey. This testimony is supported 6 by the Plaintiff' s surveyor, Harry Hillebrand 7 [Record Page 27.0] and is found to be supported 8 by the surveying witness for the the 9 Defendant, Kenneth H. Beckmann [2 Record Page 10 86-87] ; although Beckmann did not think it the 11 same monument. [2 Record Page 107] 12 This monument is found"by this Court to 13 be the same monument described in both the 14 deed into the Plaintiff [Plaintiff' s Exhibit 15 1] and the deed into Stiefer [Plaintiff's 16 Exhibit 12] . Although the deed says that it 17 runs 520.32 feet, it is "to land now or 18 formerly of Wirtz. " This is the land 19 immediately to the east of that of Stiefer. 20 The Donack survey,. [Defendants' Exhibit 21 A] shows a monument at the northwesterly 22 corner of the Wirtz property. This monument 23 was found by Van Tuyl and found by Hillebrand. 24 The Donack survey [Defendants' Exhibit 25 Al also shows a monument at the southeasterly 9 1 Dantes vs. Stiefer, et. al. 2 corner of the Hallock property, which the Van 3 Tuyl's survey [Plaintiff' s Exhibit 21] and the 4 Hillebrand survey [Plaintiff' s Exhibit 18] 5 confirm. 6 The surveyors all agreed on the courses 7 and distances along the southerly side of the 8 Hallock parcel until the last angle point. 9 The Donack survey and the Stiefer deed run 90 10 plus feet, and the deed says, "to land now or 11 formerly of- Macari. " Van Tuyl has that 12 distance as 74.02 feet. It' is this 13 discrepancy which accounts for the westerly 14 boundary of the Stiefer property being set 16 15 feet to the west. 16 The Donack survey and the Stiefer deed 17 are found to be in error. Both survey and 18 deed run to lands now or formerly of Macari. 19 Macari ' s land goes to the monument set by Van 20 Tuyl in 1950. Van Tuyl set his monument based 21 on a 1949 Overton map. [Record Page 197] 22 This boundary conforms with granting of 23 LILCO easements in 1924 and 1925. 24 [Plaintiff' s Exhibits 4 and 5] 25 The deeds from Stiefer to Kujawski and 10 1 Dantes vs. Stiefer, et. al. 2 Gatz are also found to be in error along the 3 westerly boundary. 4 The Plaintiff is entitled to a judgment 5 declaring him to be the owner in fee simple 6 absolute of the premises described in the deed 7 dated June 12, 1985. [Plaintiff's Exhibit 1] 8 2. The premises acquired by Stiefer in 9 a deed dated November 8, 1984 [Plaintiff's 10 Exhibit 12] , does not include any of the 11 premises described in the Dantes deed of June 12 12, 1985. 13 In his complaint, the Plaintiff also 14 seeks to enjoin the Defendants from using the 15 right-of-way delineated on the easterly 16 portion of his property running in a northerly 17 direction to Sound Avenue. 18 A review of the record shows that when 19 Dantes purchased this property in 1985, he was 20 aware of the existence of the right-of-way 21 when he first inspected the property before he 22 signed a contract to purchase. He thought the 23 people living around the lake had a right to 24 use it. [Record Page 45] 25 He is not aware of who was permitted to 11 1 Dantes vs. Stiefer, et. al. 2 use that road. [Record Page 86] 3 Barbara Sayre, a witness who lives on 4 the dirt road called Laurel Lake Road to the 5 south of the Plaintiff and who has lived there 6 for 40 years [Record Page 89] has a right-of- 7 way running along the easterly side of her 8 property. [Record Page 94] 9 This is Laurel Lake Road. She described 10 the travel portion as a 10-foot wide dirt road 11 with grassy plots on either side. [Record 12 Page 97] 13 When Stiefer purchased the property in 14 the 80' s, he used the right-of-way as well as 15 Barbara Kujawski. The road has been used by 16 local people and it has gotten wider because 17 of traffic usage. [Record Page 110-112] 18 The people from Laurel Lake use the 19 road. [Record Page 115] 20 Ms. Sayre' s testimony that the Laurel 21 Lake people advise her when they are having 22 guests using the right-of-way is not credible. 23 [Record Page 117-118] 24 U.P.S. , telephone and other delivery 25 trucks use the road. [Record Page 119-1211 12 1 Dantes vs. Stiefer, et. al. 2 Roderick Van Tuyl, the surveyor 3 testified that the road has been there his 4 whole life. [Record Page 192] 5 Barbara Ann Kujawski testified that the 6 right-of-way was used heavily quite often by 7 local people. [2 Record Page 591 8 The Plaintiff, Dantes, himself admitted 9 that he has used the right-of-way to visit 10 Laurel Lake. [Record Page 411 11 Nowhere in the record is the use for 12 which the easement over Dantes' property was 13 created disclosed. 14 It must be concluded that although the 15 Plaintiff claims the right-of-way exists only 16 for the benefit of people with houses on 17 Laurel Lake Road, he has provided no evidence 18 of that claim. Consequently, he has failed to 19 sustain his burden of proof that the 20 Defendants are not entitled to use the right- 21 of-way as shown on the survey. [Plaintiff'.s 22 Exhibit 19] 23 Accordingly, the Plaintiff is not 24 entitled to enjoin the Defendants from using 25 the right-of-way. 1 a 12A 1 Dantes vs. Stiefer, et. al. 2 Submit Judgment on notice. 3 [At approximately 10:26 a.m. ' the above 4 matter came to a close. ] 5 6 I, FRANK J. FEICCO, C.S.R. , do hereby certify that I 7 am an Official Court Reporter in the employ of the 8 Supreme Court, State of New York, that the foregoing 9 minutes were recorded by me and transcribed under my 10 supervision and t at y arp e, ccu ke' and correct. 11 � 1 �•� 12 --�- ANK J. FEI G C.S.R. 13 Official Supreme Court Reporter 14 15 16 17 18 19 20 • 21 22 23 24 25 PLANNING BOARD MEMBERS Richard G.Ward Chairman tiXN Town Hall, 53095 Main Road George Ritchie Latham,Jr. P. O. Box 1179 Bennett Orlowski,Jr. * ' �� Southold, New York 11971 Mark S. McDonald �0� ��® Fax (516)765-3136 Kenneth L. Edwards Telephone (516)7654938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 5, 1995 Carmela L. Borrelli Ongioni & Borrelli 403 Front Street P.O. Box 562 Greenport, New York 11944-0562 RE: Sundown Farms SCTM# 1000-121-4-8 Dear Ms. Borrelli: At Barbara Kujawski's request, the Planning Board reviewed the road requirements for the above mentioned subdivision. Access for the subdivision must be in accordance with one of the following: 1 . A 16' road in accordance with Drawing Number 15-4 of the Highway Specifications must be constructed within the 25' right-of-way shown on the approved subdivision. Road and drainage plans must be submitted for the proposed construction. In addition, a map showing the location of the existing road (Laurel Lane), 'utility poles and all other easements must be provided to show the relationship between existing conditions and the proposed new road. The exact location of the 16 foot road will be subject to review of the plan showing the location of the existing road. 2. If the existing road (Laurel Lane) is proposed to provide access to the lots within the Sundown Farms subdivision, proof of access over this road must be submitted. In addition, if proof of access is obtained, the existing road must be improved as follows to provide access to the lots within the subdivision: A. The road must be fine graded to remove any potholes; B. A two inch (211)compacted lift of 3/4" stone blend must be added to the road surface. Sundown Farms April 5, 1995 Page 2 In addition to the above, a map showing the location and veering width of the existing road, utility poles and all other related easements must be provided. Upon review of the map showing the location of the existing road, the Planning Board will determine whether or not the portions of Laurel Lane which are less than 15 feet in width must be widened. Please contact this office if you have any questions regarding the above. Sincerely, Melissa Spir Planner cc: James Richter, Engineering Inspector Barbara Kujawski enc. J . C TOWN 017 S O U T H O L D STANDARD STONE BLEND R O A D W A Y 1� Right-of-Way Right-of-Way 25' - 0" CL I I � 12' - 6" 12' - 6" ;. 8'-0' 8'-0" 1'-6" 3'-0" 16'-0" ROAD SECTION 3'-0" 1'-6" I � 3" CROWN (typical)—' 4" SLOPE• 1:3 TOPSOIL MAX. TO TO BE EXISTING CLEARED LL GRADE RAKED 6 SEEDED 2" COMPACTED WEARING COURSE 3/4" STONE BLEND • FItiE GRADE 6" COMPACTED BASE COURSE EXISTING BANK RUN OR OTHER / SUITABLE MATERIAL �] NO SCALE Prepared and Approved By DRAWING Reco=ended By: Super ntend/ent of Highways NUMBER JAMES A. RICHTER ✓/��h �r/ 1�.- April 20, 1993 1 S-4 ARCHITECT RATWND L. JACOBS DATE �e B-2b-BS _ sue" P195 ONGIONI & BORRELLI MIS ATTORNEYS AT LAW 403 FRONT STREET • P.O.BOX 562 GREENPORT.NEW YORK 11944-0562 TEL.(516)477-2048 • FAX(516)477-8919 MARIE ONGIONI 288 PANTIGO ROAD CARMELA L.BORRELLI EAST HAMPTON.NY 11937 TEL(516)324-8282 FAX(516)324-8283 February 16, 1995 Ms. Melissa Spiro Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: SCTM#1000-121-4-8.2 and 8.3 Dear Melissa: This will confirm our telephone conversation today wherein I advised you that this ofifice represents Barbara Kujawski the owner of the above captioned parcels. As you know there is and has been quite a controversy regarding the road and various rights of way giving access to this site and those along the existing road. I would very much appreciate your advising the status of the Planning Board's review and recommendations with regard to this road. Thank you for your attention to this matter. I hope you have a great vacation. Very truly yours, Ole1GIONI & BORRELLI clb/ns By: Carmela L. Borrelli cc: Barbara Kujawski ;:ujawski:plbd.ltr f; r Ry i sou-1.G'LD fOFTA,N PLANNING BOARD RAYM OND L _ J A C OB S o :'� -T AM E S A _ SUPERINTENDENT., • ENGINEERING INSPECTOR SOUTHOLD TOWN HIGHWAY DEPARTMENT Off, Fax (516)-765-1750 �01 J�[ (516)-765-3070 O F F I C E O F THE E N G I N E E R TOWN OF soulrnOLD DECEMBER 8, 1994 Richard G. Ward Chairman —Planning Board Town Hall , 53095 Main Road Southold, New York 11971 Re: SUNDOWN FARMS FFLOEC Sound Ave . , Mattituck ?SCTM: # 1000-121 -04-08 '91994 L SOUTHO D M&Ni' Dear Mr.. Ward : PLANNING BOARD As per your- r,__equest , I have reviewed the file and performed a site inspection of' the existing conditions within , and immediately adjacent to, the above referenced subdivision . As you know, the problem of who does or doesn 't have the right of access across the existing road has been a question that required legale proceedings to answer. A Planning Board letter to Mrs . Barbara Kujawski dated 4/21 /86 required that the road . be located within. the westerly 25 ' right- of-way and that it should be improved to a 15 ' width . It is unclear from the letter as to whether or not the Board considered this location to be the . same as the existing road . This letter also referenced improvements in accordance with the recommendations of the inspector, John W. Davis . A report from him dated 4/2/86 recommended that "additional- stone blend be 'brought in to provide a 2" compacted depth throughout . " The existing surface of the road consists of a bankrun .mixture of sand and gravel that is relatively hard packed . The wearing surface of the road is spotted with pot holes over its entire length . The average width of the road varies dramatically throughout its length from between 8' to 15 ' wide. One section, roughly 800 ' into the site, is about 20 ' wide which allows cars to pass safely. Some of the required improvements indicated within the inspectors reports could have been completed during that 1986 time frame. For instance, the existing road may have been widened at certain locations but there is still a large percentage of the road that does not meet the minimum requirement of the 15 ' width . During my site investigation I did not seen any evidence of the 2" compacted lift of blue stone blend that was also recommended by the inspector and required by the Planning Board . RICHARD G-. WARD CHAIRMAN - PLANNING BOARD DECEMBER 8, 1994 At this time I would first recommend that the road be fine graded to remove any potholes . I would also recommend that a two inch (2" ) compacted lift of 3/4" stone Blend be added to the road surface to comply with previous requirements . The widening of the road in the narrow locations would require the removal of trees and or the relocation of telephone poles . Adequate access does exist for emergency vehicles as long as there are no conflicts with vehicles traveling in the opposite direction . The question of whether or not to widen all areas of the road to 15 ' should be decided by the Planning Board . If you have any questions concerning this report , please do not hesitate to contact my office . / Sin erely, t', �ames Richter, R.A. cc : Raymond L. Jacobs (Superintendent of Highways) su 6j �me a - W Z�A � 121 - �J - '�• 24- � 3 = 2 8.1994 LU) SOIIiHOLD TOWN '- PLANNING BOARD PLANNING BOARD MEMBERS Richard G.Ward, Chairman M,a _ �`' Town Hall,53095 Main Road George Ritchie Latham,Jr. �'i '� _:- k` '1 P. O. Box 1179 Bennett Orlowski,Jr. Southold, New York 11971 Mark S. McDonald Fax (516)765-3136 Kenneth L. Edwards J Telephone(516)765-1938 F PLANNING BOARD OFFICE TOWN OF SOUTHO'LD I Vovewbevt �`� 19a�{ • James Richter, Road Inspector Highway Department Peconic Lane Peconic, NY 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for i your review. Application Name: A 42,ov-ea "&J;s;ory S� owr� Grruts Tax Map No.: 10 0- V2-1- ti - U Street Location: s(s MGw lZd4<< Hamlet Location: Type of Application: Sketch Subdivision Map (Dated Preliminary Subdivision Map (Dated j Final Subdivision Map (Dated Road Profiles (Dated Grading and Drainage Plans (Dated Other (Dated Sketch Site Plan (Dated • Preliminary Site Plan (Dated Grading and Drainage Plans (Dated I X Other (�1;u. ��;��er;N� (Dated As we 6:-,c-55ect, feu,¢w R; -OX- w tM YEfq✓L(\ w\ rn'�(c.w�vv�. � i a.te r e c, /p cS . -�e%e (ems vre�kvio w i�ll ou QQ Pe2 ` Ae icSA ;� 47 _.. vz ;�V�7, 2 /f / aI) a ff %J 1_ r a �r 1i"p"x;`.:Gye{w+�•ti-. r/ ........... / � r�_/•�, �� J � fit^ -,..._. �-. /� % . LAUREL LAKE PROPERTY C'..NEPS 60A ;445 ',!ATTI,.-;CK .-:r April 20, 1994 Planning Board Office :'. Town of Southold j Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Richard G. Ward, Chairman Re: SCTM: 1000-121-4-8.2; 1000-121-4-8.3; 1000-1:21-478.4 Dear Mr. Ward, Our members have a right of way located immediately to the west of the above listed plots. The above plots were created when Joseph Stieffel subdivided his property sometime during the early 1980's. When your board approved this subdivision, the approval was granted with the condition that the right of way was to be improved with a proper stone base. As of this date, no improvements of any kind have been made to the right of way. We have been advised that the above plots have been sold or are under contract for sale and that the required improvements to the right of way have been waived or will be waived by your board. Please advise us if our information is correct in that building permits will be issued without any improvements being made to the right of way. Very truly yours, LAURE L PROPERTY OWNERS ASSOCIATION Th G rman Seer to 5111191 S�OTe. A. 42. Corn\". �ounc`atY a \ ` u `�1' S k �r�I naer�N c `�o �r��gre NtCe CMlsoet re, � �o,,e,y�e v�S LS 10 l7 R necessary �� -ti s S � -, l" ( `NAPE '� � f71 Sv�QiJ�S�O�, ekeLk Mr. Gorrr -!b c�11 002 o-C tc� t�ec;c�tc4�`�r APR 2 1 1994 Ia trSaac� �O 5�� gIrrev„e4� SOUTHOLD TOWN PLANNING BOARD SIDNEY B. E0WNE & SON Sidney B.Bowne,P.E.,L.S. �izerre Roland Anders (1922-1959) Frank Capobianco L.Cocchi Chester C Kelsey, P.E.,L.S. 45 Manor Road F an cris J.Lynch Alexandre W.Mercil, P.E. Robert A.Stanton,P.E. Smithtown, N.Y. 11787 Philip Schlotzhauer Robert W. Brown,L.S. (516) 724-0611 c' Joseph F.Stegman .�- Ef Zabdiel A.Blackman,P.E., L.S. ���(t 1,i C_:� n r"� Paul F.Stevens William T.Styne Ui;liras George A.Style,P.E. �r;t.y'^" 3 '1 t ""'` -- Richard B.Weber JerryD.Almont, P.E. ,j George L. Fagan,Jr., Ph.D., P.E. Thomas R.Pynchon, L.S. August 25, 1987 Mr. Bennet Orlowski , Jr., Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: Final Inspection, Sundown Farms/Joseph Steifer, Mattituck-Laurel , Town of Southold, New York (SBB NO. 87156) Gentlemen: A final site inspection pertaining to the access road construction only, per Mr. V. Lessard, was conducted on August 20, 1987. Present wee Mr. Raymond Dean and Mr. C.S. Heffernan, both from this office. We find that material was imported to fill the potholes through the first 250+' off Sound -Avenue. This material was poorly graded (sand) and as a result did not 'compact to form a stable riding surface (see J.W. Davis report dated 10/19/84) . We recommend that this section be reconstructed to attain an acceptable riding surface.' The remainder of the access road (1750+) is acceptable at this time. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGIN ER CORNELIUS iEFFYRPAN CSH:clg xc: Ray Jacobs, Supt./Hwys. Ray Dean (SBB) V. Lessard (Building Dept.) MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H r Pt� 1VI B'O D U TOV ;;:*b =SO : ;I QLD c� ��TT Southold, N.Y. 11971 (516) 765-1938 August 31 , 1987 Mrs. Barbara Kujawski P.O. Box 1113 Mattituck, New York 11952 Re: Sundown Farms access road Dear Mrs. Kujawski: Enclosed is a copy of correspondence received from Sidney _ Bowne & Son with regard to the above mentioned subdivision access road. The Planning Board requests compliance with their recommendation, and asks that you advise our office upon completion of the work. If- you have any questions, please do not hesitate to contact our office. VVer^y� truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD . 4 P L'A.NN IN 'r0. �N 6 "Sou ;I�- LD SU FAO f E Q OITY Y Southold, N.Y. 11971 (516) 765-1938 Robert Brown Sidney and Bowne and Son Hauppague, NY 11787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold. Town Planning Board hereby refers the following: A lication of (Major subdivision, inor subdivisio , site plan) arrn� - tee. h Hamlet kuC L " MATERIAL SUBMITTED: File Suffolk County Tax Map No. l000 y 0g Sketch plan . Preliminary map Street Profiles Grading Plan Preliminary site plan Final Map Other �TOhr- W. fb-V'15 Comments: zs`Y 4—aj nC� LL, Very truly yours, BENNETT ORLOWSKI, JR. ,CHAIRMAN SOUTHOLD TOWN PLANNING BOARD P y"", T S 1 � A Southold, N.Y. 11971.'' (516) 765-1938 1 May 29, 1986 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, NY 11944 Re: "Sundown Farms" Dear Mr. Tasker: Enclosed for your review is a copy of correspondence received from Mr. Shepard Scheinberg, esq. with regard to the traveled road and ,the above mentioned subdivision. Also, enclosed are copies of the surveys for this property - one map, surveyed by Donack, indicates a four- lot subdivision and the other map by Van Tuyl does not. As' you can see there is a discrepancy between the two surveys and the difference of approximately 15 ' means that the traveled road is either within the subdivision or not in the subdivision at all. With regard to 280-a approval, the Planning Board will not grant any approval until the discrepancy of the traveled road is clarified, since the• subdivision lot owners would use this traveled road as access if they have a right to. Would you please advise our Board as to how to proceed with this matter. Thank you for your assistance in this matter. Please contact our office if you require any additional• information or if you have any questions. Very truly yours., BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD DMS Fur TO j `,O i so JF LD Southold, N.Y. 11971 (516) 765-1938 June 10 , 1986 Mrs. Barbara Kujawski PO BOX 1113 Mattituck, NY 11952 Re: Sundown Farms Dear Mrs . Kujawski: The following action was taken by the Southold Town Planning Board, Monday, June 9 , 1986 . RESOLVED that the Southold Town Planning Board accept Inspector John W. Davis ' memorandum dated May 14 , 1986 with regard to the location of common north-south property line (Sundown Farms - West side) and the Dantes and Sayre property (East side) , Sound Avenue, Laurel. Enclosed is a copy of that report for your review. Please contact this office if you have any questions. Very truly yours, &_ NLat� 0 r(klw-4 k BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD • By Diane M. Schultze, Secretary enc. Memorandum to: Mr. Bennett Orlowski, Jr. , Chairman Date: May 14, 1986 Southold Town Planning Board From: John W. Davis Re: Sundown Farms at Mattituck - Location of common north-south property line (Sundown Farms-west side') and the Dantes and Sayre property (East side) Comments: This section of the above property line survey was re-established today by Donack as requested by Mrs. B. Kujawski. The Donack plans dated 9/12/84 were used. Today's survey was also witnessed by B. Kujawski", J, Stiefer and Mr. & Mrs. Sayre. Mrs. Sayre has a property survey by Van Tuyl dated-2/26/85 that shows the traveled way all within that property and the 20 ft. R.O.W. . The Donack survey is considerably different as to the location of the common property line in this area. R. Van Tuyl, as requested by B. Kujawski, came on the site in the P.M. after the Donack survey party had left. He brought a survey map dated 5/25/50 (Map .of farm owned by Mary E. Hallock) which covers the same area now known as Sundown Farms. This map shows the north side of the property along Sound Avenue (named North Road previously) at 505.53 L.F. instead of 520.32 ft. as shown by Donack, a difference of almost 15 ft. This lesser length accounts for some of the differences in the property lines (East side) at the Dantes and Sayre property as shown on the Van Tuyl and Donack maps. The correct length of the north side (along Sound Avenue) for Sundown Farms ' should be determined. The lesser length, 505.53 ft. ) , would affect the total length of Sundown Farms (west side) for location, total acreage, etc. May 15, 1986 R. Van Tuyl gave me a copy of the 1950 Hallock Farm map. Comparision of the two maps (Donack and Van Tuyl) show the difference in bearing and length at the north side, a small difference in bearing and length in the last course (south end) of the east side and a difference in length of 16.94 ft. at the southwest corner at the south end of the property. Donack shows 90.96 ft. , Van Tuyl 74.02 ft. This compares more or less with the difference in length of the two surveys at the north end. All other dimensions and bearings are the same. I reviewed the deeds from the Planning Board files, one for the Sundown Farms and one for Lot No. 3. They both conform to the Donack survey throughout. Note: The length of 520.30 ft. (Donack) for- the subdivision length along Sound Avenue bas been circled in the subdivision deed. Others may have found the discrepancy in the two surveys for that distance. I would recommend that nothing be done as to updating the access to. Sundown Farms until the status of the common property line has been resolved. G�0. gJohnll W. Davis Ur I'Ly N N I N G--B- 'A-R D 'I ' , SOU H_ L,D SUFF(9 L `-T "NTY Southold, N.Y. 11971 (516) 765-1938 , April 21, 198.6 Mrs. Barbara Kujawski P.O. Box 1113 Mattituck, NY 11952 Re: Sundown Farms Dear Mrs. Kujawski: The Planning Board reviewed the file for the above mentioned subdivision on Friday, April 18, 1986 . It was the consensus of the Board to request that the access road for the lots within this subdivision be improved within the 25 ' right-of-way on the westerly side of the premises as shown on the approved subdivision map of October 9 , 1984. Please note, the right-of-way will have to be improved to a 15 ' width in accordance with the recommendations of Inspector John W. Davis. Would you please stake out the right-of-way and advise our office when this has been done so we may notify our Inspector. Thank you. If you have any questions, please don ' t hesitate to contact our office. Very truly yours , - BENNETT ORLOWSKI, JR. , CH IRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Rudy Bruer, esq. f A# 9 1986 To: Bennett Orlowski, Jr. , Chairman Report No. 495 Southold Town Planning Board From: John W. Davis Date: April 2, 1986 Re: Sundown Farms — Minor Subdivision at Mattituck. Present condition of access road from Sound Avenue to end of .property. Comments: As of present date the road surface has been smoothed -by Ray Nine (done a few days ago) . The last 700 ft. of this access was not worked on. The potholes were filled by scraping the. road width with a grading box. No additional material was brought in. According to Ray Nine this grading operation was all that he was asked to do. His charge for this work was $ 140.00. The existing road surface prior to any work by the contractor who did the initial work in 1985 was hard packed in most areas and had areas with potholes. I do not know when this initial work was done or how much bankrun material was brought in. However depths as per report by L. M. Tuthill on February 6, 1986 show. an average depth of 5.4" of bankrun, an average width of 11 ft.± and an average stone blend depth of 1 .4". Six of the ten test holes show 1" of stone blend. As of 4/2/86 the road is passable. The potholes that have been corrected by the smoothing operation will occur again in wet weather as they are now filled with loose material. I agree with the Tuthill report of February 3, 1986 that widening the road in the last 700 ft. to 16 ft. for the length and location as noted in that report to provide. passage for two vehicles. I would not recommend final acceptance of this access road until addit— ional stone blend was brought in to provide a 2" compacted depth throughout. John W. Davis LAWRENCE M. TUTHILL PROFESSIONAL ENGINEER FEBS INLET LANE EXT. GREENPORT, N.Y. 11944 GREENPORT 7-1652 February .3, 1986 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board Main Road Southold, NY 11971 Res Roads of minor subdivision entitled "Sundown Farms" off Sound "venue, Mattituck Gentlemen: On January 31, 1986, Mr. John Davis and I made an insT-ection of the above mentioned project. It appeared that a minimum amount of work had been done on this road. With reference toMr. I)avis's rerort. No. 400 dated October 19,1984, the rotholes and depressions still remain. There is little evidence that the depth of the bankrun sand and gravel has been added to increase the depth to provide a 6" b?.se. There is evidence of a top coverage of 3/4" stone blend, but in the terms of Mr. Davis it is :just a dusting. It is noted that the last 700' of this road is rather narrow as it goes through the woods and it recommended that .a 16' wide road 30' long section be created about 200-' 4 in from the beginning of the 700' so as to be in lot no. 4 to provide passage for two vehicles. Respectfully submitted, �.e 24 TO: Bennett Orlowski, Jr., Chairman REPORT No. LLD - Southold Town Planning Board FROM: John W. Davis DATE: October 19, 1984 RE: STTNDOiIN F.4Ri4S - MINCR ST?BDIVISICN AT IdIATTI`TTJCK - LATEST DATE ON IV.AP .10/9/84 CONDITION OF EXISTING ROAD 5ROM SOUND AVE. T^ :END OF PROPERTY COM1�iEN TS The road (noted as a 10 ft. traveled road) is somewhat in error. Attached is a copy of the road widths down to about the last utility pole (2018 + ft.) from Sound Avenue. This from Report 369 dated 6/7/84 for the Board of Appeals. The above length has been stabilized with sand and gravel for denths of from 2" to 411. The profile is acceptable but there are potholes and depressions throughout. Going south except for the first 250 ft.* there is a wooded area on the left side and omen land on the right side. This section would probably not present problems for emergency equipment. The remaining length (700 ft.t ) is 8 ft.'t in iwidth and in a wooded area throughout. It has been stabilized with sand and small gravel. A few test holes indicated depths of 3" . The profile is acceptable but there are a few irregularities. Most of this length is below the adjacent ground level. In some areas the road sides slope up for from 2 ft. to 4 ft. with trees near the top of the slopes. The 700 ft. section of the road is passable as of the present time. Emergency equipment would have to turn around via driveways. If the alignment of the present road is to be accepted for access even though parts of it are in property owned by others, it should be repaired and updated. I would recommend the following: 1. Fill the potholes and depressions in the first 2000 ft.+_ and bring in additional bankrun sand and gravel to provide a 6" depth. The width for the first 250 ft. would have to be 8 ft. :� due to trees. The remaining 1750 ft.^ of 2000 could be 10 ft. in width or more. 2. The last 700 ft-t should have the few high areas leveled and additional bankrun brought in to also provide a 611 depth. Widening the present width would involve grading and tree removal. 3. Place a compacted 2" top course of 3/4" stone blend on the bankrun for the full length of the road. JOHN W. DAMS � a row oFso�o r; C , co't fit -�c. 21 Oct-," -;6, YO0- 7,5 "JcZ r C4 JUN 11994 PLANNING BOARD LAUREL LAKE PROPERTY OWNERS BOX 1445, MATMUCK, NEW YORK 11952 Q� 516-296- / April 20, 1994 Planning Board Office Town of Southold Town Hall., 53095 Main Road P.O. Box 1179 Southold, New York 11971 Attention: Richard G. Ward, Chairman Re: SCTM: 1000-121-4=8.2; 1000-121-4-8.3; 1000-121-4-8.4 Dear Mr. Ward, Our members have a right of way located immediately to the west of the above listed plots. The above plots were created when Joseph Stieffel subdivided his property sometime during the early 1980's. When your board approved this subdivision, the approval was granted with the condition that the right of way was to be improved with a proper stone base. As of this date, no improvements of any kind have been made to the right of way. We have been advised that the above plots have been sold .or are under contract for sale and that the required improvements to the right of way have been waived or will be waived by your board. Please advise us if our information is correct in that building permits will be issued without any improvements being made to the right of way. Very truly yours, LAURE L PROPERTY OWNERS ASSOCIATION Th G rman Seer to SI►��qti S,0�� 4. t o1c� I..vw��i ���l , was awa��;r•� �ourc`ary gc��Qcslk< wi 'vc,;n�Pfi N Spec�oc �o re�gre C2'�aF� re: ► co�e�vr� S P[A:PR2 -�-w�Qt S�PCS,`Eo CtXlk 000- 04%C4E 11994 �a mSuac� "fo s1a�.,s � � V ��G GPI/ 4y;�?QlMf11� 1 I ! SOUTHOLD TOWN PLANNING BOARD 4�" PLANNING BOARD 22 MARCH 1' 1991 V. �.. SETTING OF THE NEXT PLANNING BOARD MEETING Mr. Orlowski: Board to set Monday April 1, 1991 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for the next regular Planning Board meeting. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? ' So. ordered. • Mr. Orlowski: I ' ll make a motion to approve the Planning Board minutes of February 12, 1991. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Being as I have nothing left on my agenda. I see Mr. Steiferis here, would you like to address the Board? Joe Steifer: Mattituck. When I spoke to the Board the last time I was here, the request was for C.O. ' s on the back properties which, I believe, were taken care of. There were C.O. 's available. I guess that was the raising of the question, I believe, by you Mr. McDonald. Mr. McDonald: No, I can guarantee you that I did not raise that question. However, I am interested, did you supply C.o. ' s to us? Vacant land C.O. ' S? Mr. Steifer: No, in other words I was under the impression that you people had.,gotten them from the Building Department. Mr. McDonald: You can no longer get a vacant land C.O. . Mr. Steifer: I am talking about a building C.O. and you can' t ge.t, a building C.O. without access. PLANNING BOARD 23 MARCH 114,_ 1991 Mr. McDonald: Well, that .is what I am wondering, how would you prove that you can get a C.O. until you go to put up a building? Mr. Steifer: But the C.O. ' s are all available now. . Mr. McDonald: Where are they then? Mr. Steifer: In other words, I would have to furnish them to the Board? That was actually the question, and all of the back three lots do have availability for a building C.O. on it, which means there is an access route to it. This road was improved by US. Even though we do not use it, because according to the Planning. Board and the Building Department, we weren' t to use that road so we formed our own .road on the east side of the property which this new piece will come off of. Mr. McDonald: You formed a driveway? Mr. Steifer: Yes. 800 feet and the only difference would be, that it is the one split, with no future subdivision on it, because that will be retained as a farm and the new house will be built off that driveway which I have furnished the plans for. Mr. McDonald: What have we determined about those back lots? What do we know? Ms. Spiro: I have nothing from the Building Department. - Mr. McDonald: So we have nothing from the Building Department. And was a 280A ever done on it? Or was that part of the subdivision? Mr. Orlowski: It is• part of the subdivision. The road that he improved was out of the subdivision. Mr. McDonald: Well, it needs a 280A. You can't do a road outside a subdivision without a 280A so there should be a 280A on this somewhere right? You need an approval from the ZBA for improvement on the road. Mr. Steifer: That was already done. Mr. McDonald: A 280A exists? Mr. Steifer: It does exist, otherwise there would not be building permits available on the back lots. Mr. McDonald: We don' t even know that though. Mr. Orlowski: There are no building permits, we have nothing. CMr. Steifer: O.K. , so I would have to furnish you with the building permits? \\!� PLANNING BOARD 24 MARCH l 1'991 Mr. Orlowski: Or the Building Department. Mr. Steifer: I 'm sorry, I assumed that this was taken care of. I had spoken to the Building Department and they said it was taken care of. I will follow up on it. Mr. McDonald: While this is certainly important, I don' t want to mislead you, but if you supply these it doesn' t necessarily mean, and I don' t speak for the rest of the Board, but even if you supplied these it doesn't necessarily mean that I would say O.K. , go ahead and put the road on the east side of the property. Mr. Steifer: The road is already there. Mr. McDonald: No, there .is a driveway, there is no road. There is a, driveway that services a single and separate lot. You are talking about turning it into several lots. Mr. Steifer: No, I am talking about only adding one lot. Mr. McDonald: O.K. you are going to create two lots? Mr'. Steifer: Yes. ' Mr. McDonald: There is one and you want two? Mr. Steifer: The front one will be off Sound Avenue. Mr. McDonald: So a road could conceivably be necessary. You could call it a driveway but it would still be considered a road, and I don' t want to mislead you simple because you supply that. I might not necessarily, and again I am not speaking for the rest of the Board, and I haven' t decided yet either. But, simply supplying them doesn't necessarily mean I am going to say that no, there is no road needed. Mr. Steifer: What would be the purpose of the road? Mr. McDonald: Well, that remains to' be seen. That is one of the reasons I am saying that I haven' t decided yet because I have to look at the whole layout. You had a previous minor subdivision? Mr. Steifer: Yes sir. Mr. McDonald: With a road with a 280A access over this rather than actually a road, and I 've got to be honest (stopped talking) . Mr. Orlowski: No, , the subdivision originally granted was approved with a road on Mr. Steifer' sproperty. The map was signed showing the road on his property, and that is all we can address. When it was done and approved the people or the person buying a lot, in the back, came to this Board and said "I have PLANNING BOARD 25 MARCH 1: 1991 no access to my property" . The Board says, "Mr. Steifer, in this subdivision .it shows that there is a road on this property that has to be improved by somebody" , she says, I cannot get to my property, I am involved in• litigation. I cannot get building permits, I cannot get. anything. In effect, I have bought a land locked piece of property. . We assured her that it is not because she has access over to the property, that is suppose to have been built but was never built on your property because you improved the access road or right-of-way, which is not in the subdivision. That is out of our jurisdiction completely. Mr. Steifer: We improved the road that the Town Board requested us to improve on the property now. Mr. McDonald: On your property? Mr. Steifer: It was on the map. We improved the road that the Town Board had requested us to improve on the map. It was part of the property on the map and the Town Board says, you . will have to improve, it, otherwise, no subdivision would be put and there was a vast amount of money spent on this road. Mr. McDonald: And that is the road that presently exists and leads into Laurel Lake? Mr. Steifer: Yes sir. � - Mr. McDonald: How many lots are there in the first subdivision? Mr. Steifer: Four, an average of twenty- eight acres. Mr. McDonald: So an additional lot, would make you a major? Mr. Steifer: Yes sir. Mr. McDonald: Usually, at that point, we would insist on improving it to the road standards. Mr. Steifer: But, we are not allowed to travel that road. . Mr. McDonald: Why -not? Mr. Steifer: According to the Town and the Building , Department, we have no access on that road and we have to stay off. That is why a driveway was put on each side of. the property. Mr. McDonald: You don't own that property? Mr. Steifer: Whether I own it or not, I was not permitted access on it by the Town Board or the Building Department. Mr. McDonald: Do you know if you own it? PLANNING BOARD 26 MARCH 11 L991 Mr. Steifer: According to my map that I just furnished, yes and this was not done byDanok, this was done by a second surveyor. As a matter of fact, I believe that the mortgage company also got a surveyor and I believe their findings were the same. Mr. Orlowski:, So everything that was approved, is on your property. Mr. Steifer: As far as the map, yes. Mr. McDonald: I am a little concerned, confused rather. I am looking at this, and even this shows the road moving on and off of your property. It doesn' t even show it entirely within the property. Mr. Steifer: Well, this is the road that we had to improve it so we improved it. Mr. McDonald: I see it showing a twenty-five foot right of way, but it shows the travel road moving in and out of it. Mr. Steifer: Well, , this was the road we were told to improve and we improved it, and we wouldn' t want to say that the Town Board made us improve somebody else' s road. We've improved the one that was there. Mr. Orlowski: Are you sure the Town Board asked you to improve this? Mr. Steifer: The Planning Board, I am sorry. Mr. McDonald: But, you see it showed a twenty-five foot right-of-way and normally, that is an indication that that is where you put the road. Mr. Steifer: No, there was an additional twenty-five foot right- of- way given in case that road was ever to expand, which the Planning Board also asked for. Mr. McDonald: It' s very confusing, because the road is outside the property in several spots. Mr. Orlowski: You see, the thing was, we made you put the right-of-way on that side just in case something did happen, and it appears something did happen, as far as access, you have to prove access on that right-of-way. That is out of the subdivision and I don' t know if that is still in court, or what happened, but for some reason, the person in the back did not build on that property. Mr., Steifer: Well, from what I understand now, C.O. ' s are available. PLANNING BOARD 27 MARCH 11 1991 Mr. McDonald: Were you in court on this? Mr. Steifer: They didn' t go to court yet on that. Mr. McDonald: You have .to bring us up to date, who is they? Mr. Steifer: On the far corner, I don' t even know the name, on the westbound side. Mr. Orlowski: Sayer? Mr. Steifer: Not Sayer, in front of Sayer. Mr. Orlowski: Mets? Mr. Steifer: No Metts, no longer, Donte, Donte had claimed that what he wanted to do was to move some LILCO poles and that is where the whole story started. He wanted to push them on the otherside of the road so he would have more property on his side, and apparently it was stopped there because of the Planning maps, and now it is in court. Mr. McDonald: Presently, this matter is in court? Mr. Steifer: Right now, it is now in court. Mr. McDonald: Are you one of the people involved in the court action? Mr. Steifer: Yes, I am. Mr. McDonald: What is the purpose of that court action? To determine what? Mr. Steifer: Well, they had claimed that my piece of property was overlapping theirs. Mr. McDonald: How long has this been in litigation? Mr. Steifer: Approximately about a year. Mr. McDonald: The lines that we' re looking at on this survey are under litigation. Mr. Steifer: Yes, this survey and there is another one following it. Mr. McDonald: That kind of causes a problem there itself because we are going to do a subdivision based on lines, property lines, which are under litigation? You know, you can sit there and show the map to us, and in all honesty, and I am sure you are being honest about it. (Stopped talking) . Mr. Steifer: It' s got an approval on it. PLANNING BOARD 28 MARCH 11 .991 Mr. -McDonald: I know, but somebody else somewhere, obviously has a map that shows something different, that is why you are in litigation, there should be another map. Why are you in court? Mr. Steifer: Well, that is what they are waiting to resolve now. Mr. McDonald: But that is my point, until that is resolved, how do we even know where the lines are.' Mr. Arnoff: Excuse me Mark, who is your attorney handling this. Mr. Steifer: Mr. Price. Mr. Arnoff: Bill Price? Mr. Steifer: Yes. Mr. Arnoff: Maybe if you ask Bill Price to contact me, I 'm the Town Attorney. Have Bill call me, maybe I can make some kind of objective, legal analysis, so the Board can determine whether it wishes to act, or not, based upon the present dispute. I offer that as a suggestion to end this because I don' t .think this discussion is going anywhere. I think we are going around in a circle. I seem to get that feeling. Mr. Orlowski: Alright. Is that O.K. . Mr. Steifer: Yes, great. Mr. Arnoff: Have Mr. Price get in touch with me. Mr. Orlowski: O.K. , that is what we will do then. Mr. Steifer: Alright, thank you. Mr. Orlowski: Any other questions? Being no further questions or comments, I ' ll entertain a motion to adjourn. Mr. Ward: So moved. Mr. . Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Being there was no further business to be brought before the Board, the meeting was adjourned at 8: 45 p.m. . PLANNING BOARD 15 JANUARY 14, '91 Mr. Ward: Second. Mr. Orlowski: Motion made and seconded_. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski, Mr. Latham. Mr. Orlowski: Opposed? So ordered. APPROVAL OF PLANNING BOARD MINUTES Mr. Orlowski: Board to approve the November 13 , 1990, December 3 , 1990 and December 17, 1990 minutes. Mr. Ward: So moved. Mr. Orlowski: Motion made .and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Latham Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. ` Mr. McDonald: Mr. Chairman, I would like to propose a motion we accept the local law in relation to Accessory Building Setbacks. This pertains to -100-33B of the Zoning Section of the code and its relation to the setbacks around various size lots. This has been sent back to us for a review and I would like to make a motion that we endorse it as it is presently written. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. McDonald, Mr. Ward. Mr. Orlowski: Opposed? So. ordered. Mr. Orlowski: Being I have nothing further left on my agenda, I see that Mr. Steifer is here' and has requested some time to talk with the Board on his subdivision. Mr. Steifer: Mr. Chairman, Members of the Board, I sent a map in for a review by the Board for a subdivision which I would like to break up into two lots which is fourteen acres. I would like to keep .one lot as .agricultural which is a horse farm and .PLANNING BOARD 16 JANUARY 14, �'91 the other lot which is a house, . I would like to sell which would fabut ten acres. Now the way I have put it up there I don't know if the Board would appreciate this type but I also got another way which I can make a flag . lot off of it and make the road come off of Sound Avenue which I have in my hand if you would like to do that? Ms. Scopaz: Why don' t you bring it up .to the table. Mr. Steifer: I would like to donate as a santuary the back lots, which I would not need. All I am interested in, is the ten acres for the farm because of the agricultural that is why it is broken up the way it is. All the land to the south of the house I can donate all the way up almost to the front of the' house to where the line is, as far as the sanctuary I have no use for it. All. I am interested in is the house and the barn which I have, otherwise I won.' t need it. Mr. Ward: Our problem is the fact that this has a minor subdivision originally was the fourth lot. Taking a fifth lot requires a road. Mr. Steifer: So it could be. considered a major. But, both lots go up to Sound Avenue which are both accessible. Right now the Town and the Building Department made me put that road -in to access that house; saying not to travel on to the west side road even though we improved that road. We put twelve thousand dollars into it .to improve it and now building permits were issued on the back three properties off of that road. Mr. McDonald: I 'm new, so I 'm more confused than most. You owned this property in a larger form before and subdivided it? Mr. Steifer: I subdivided it into four equal parts. Mr. McDonald: And those lots were south of where your house is now? Mr. Steifer: ' Yes, south of my home. Mr. McDonald: There was . no road put in at that time for those lots? Mr. Steifer: There was a road and it was improved. Mr. McDonald: Improved, how? Mr. Steifer: We improved it. The .Planning Board asked us to improve it and we put twelve thousand dollars into it. Mr. McDonald: Is it paved? Mr. Steifer: It wasn' t paved. It was stone blend. •PLANNING BOARD 17 JANUARY 14, )l Mr. McDonald: Now, this extra lot makes it a major subdivision. Mr. Steifer: I understand that, but both would be leading off Sound Avenue and right now the Building Department and the Planning Board - Mr. Orlowski: Mark, this is the approved map. Mr. McDonald: Oh, this is the old map. This was a long piece of property wasn't it? Mr.- Steifer: Right. Mr. McDonald: You improved the road all. the way from Sound Avenue down to the beginning of this last lot? Mr. . Steifer: We improved it yes. Mr. McDonald: I am trying to think what you did for twelve thousand dollars and that many feet. Mr. Steifer: Which is also used by the people on the back on the lake. They also share that road and, like I said, on the other one I don' t even travel the road because the Building Department and the Board asked me to put in my own drive which I did, which is on the east side of the property of my property, now noted on the map. That •is the drive which I wish to keep for the house in the back; and the other one will have access right on Sound Avenue, because the other building will be probably about 200 feet off of Sound Avenue setback which will be a small ranch. The property far in the back I will donate it, if you want it, for a bird sanctuary or an animal sanctuary . because I won't use it. Like I said, according to the Town line, I need the ten acres for agricultural. Mr. Orlowski: Those lots on the original subdivision, do they all have building permits? Mr. Steifer: Yes. Mr. McDonald: Are there houses on it? Mr. Steifer: Nope. Nobody has built on them yet, but they all have building permits. Mr. McDonald: They have building permits? Mr. Steifer: In other words, a building permit is available for them. Mr. McDonald: They don' t actually have them? Mr. Steifer: They are available if they were to request them. Nobody is building on them now. PLANNING BOARD 8 JANUARY 14, .1 Mr. Orlowski: You didn't bring anything from the Building Department? Mr. Steifer: No, but I can get a letter which I did speak to them and they said they would give me a letter confirming the fact that there are building permits available. Mr. Orlowski: There is no access because the right of way is in litigation right now? Mr. Steifer: It is in litigation but this is the second map. you' ll see that that is a new one. That' s not the one by Dinek. The original one is by Dinek. This one was done out of Garden City and Ridge and they came up with the same findings. We paved that road even though it is in litigation. Actually, all I am looking for, like I said, is to separate the house from the farm. Mr. Orlowski: The last parcel of ten acres that is going to be left? Mr. Steifer: That' s going to be left and, like I said', I would probably keep about five acres. because I don't know if going to the Town,, if you need, if I sell the building lots off of it can I put up fences? That is all I am interested in. Mr. Orlowski: It has to be a minimum of ten acres before they will even buy it. Mr. Steifer: Oh, it has to be. I need at least one for my house. As far as what the Town wants, they can use it as a animal sanctuary because there, is a lot of animal and game in there because I have none for it other than that. I won't use it in the back because all my stables and corals are up front. Mr. McDonald: What is the zone on this? Mr. Orlowski: AC. Mr. McDonald: This is over ten acres and if it is AC, it has to be clustered according to the code. Mr. Orlowski: We're not sure Mark. Mr. McDonald: I have no idea what the zone is on it. It doesn' t make any difference because if it' s R-40 or R-80 any of the low density residentials, it is still the same. Mr. Stiefer: I have no idea. Mr. McDonald: There is a section of the Code that says if it is over a certain size. and you are in a certain zone, you have to Chave it clustered. ;PLANNING BOARD C19 JANUARY 14, 4'1 1 Mr. .Stiefer: In 'other words, it all has to be in one area. Mr. McDonald: The lots have to be down- sized and there has to be open space provided so instead of having it all occupied by lots you have to have the plots where the houses are going to go plus an area designated as open space which is in. joint ownership. or in an appropriate form of ownership. Mr. Stiefer: In other words, the way I would have it set up, it would not comply. Mr. McDonald: I would refer it to the Town Attorney, but I don' t think so. Mr. Stiefer: In other words, with the house up on the -- Mr. , McDonald: It is not the location of the house, it is the size of the lot. Mr. Stiefer: But the lot still would be ten acres plus, even though it' s not in the cluster. Mr. McDonald: No, No, it says that lots that-are ten acres or more must be clustered. . Mr. Orlowski: What Mr. Stiefer is saying, that if he can subdivide his house it would be a major subdivision and he would covenant the rest of the property never to be subdivided in perpetuity for as long .as anybody lives. Mr. Stiefer: That' s right, all I 'm interested in is the farm up front. Mr. McDonald: I guess you could take that as conservation easement. Mr. Orlowski: Yes'. Mr. Ward: Why does this have to be a separate lot then? Mr. Stiefer: Because of the building of .the house and this would constitute where the pool is and would give them enough . area around the house. I- want to- put a small ranch on here. In other words in front .of the barn. Mr. McDonald: I would like to take it under consideration, I've. got to think about this. Mr. Orlowski: You know, I told you about that letter showing us that those lots were buildable. Get that from the Building Department and we will review it and get back to you. Mr. Stiefer: O.K. . . When would you like the letter? Next C`- week? PLANNING BOARD 10 JANUARY 14, l r Mr. Orlowski: Whenever you can get it. Mr. Stiefer: Thank you very much. Mr. Orlowski: I have nothing left on-,my agenda. Does anyone in the audience have any questions or comments? Mr. Edwards: I would like to entertain a motion to adjourn this meeting. Mr. Ward: Second. , Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? A � Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered.- Being there was no more business to be brought before the Board the meeting was adjourned at 8:10 p.m. Jane Rousseau Bennett Orlo ki Jr. , Ch rman i PLANNING BOARD 22 MARCH 1991 SETTING OF THE NEXT PLANNING BOARD MEETING Mr. Orlowski: Board to set Monday April 1, 1991 at 7: 30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for the next regular Planning Board meeting. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those- in favor? Ayes: Mr. Ward, Mr.. Latham, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: I ' ll make a motion to approve the Planning Board minutes of February 12, 1991. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr.. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Being as I .have nothing left on my agenda. I see Mr. Steiferis here, would you like to address the Board? Joe Steifer: Mattituck. When I spoke to the Board the last time I was here, the request was for C.O. ' s on the back properties which, I believe, •were taken care of. There were C.O. ' s available. I guess that was the raising of the question, I believe, by you Mr. McDonald. Mr. McDonald: No, I can guarantee you that I did not raise that question. However, I am interested, did you supply C.o. ' s to us? Vacant land C.O. ' s? Mr. Steifer: No, in other words I , was under the impression that you people had gotten them from the Building Department. Mr. McDonald: You can no longer get a vacant land C.O. . Mr. Steifer: I am talking about a building C.O.. and you can' t get a building C.O. without access. PLANNING BOARD 23 MARCH ; 1991 Mr. McDonald: Well, that is what I am wondering, how would you prove that you can get a C.O. until you go. to put up a building? Mr. Steifer: But the C.O. ' s are all available now. Mr. McDonald: Where are they then? Mr. Steifer: In other words, I would have to furnish-them to the Board? That .was actually the question, and all of the back three lots do have availability for 'a building C.O. on it, which means there is an access route to it. This road was improved by US. Even though we do not use it, because according to the Planning Board .and the Building Department, we weren' t to use that road so we formed our own road on the east side of the property which. this new piece will come off of. Mr. - McDonald: You formed a driveway? Mr. Steifer: Yes. 800 feet and the only difference would be, that it is the one split, with no future subdivision on it, because that will be retained as a farm and the new house will be built off that driveway which I have furnished the plans for. Mr. McDonald: What have we determined about those back lots? What do we know? Ms. Spiro: I have nothing from the Building Department. Mr. McDonald: So we have nothing from the Building Department. And was a 280A ever done on it? Or was that part. of the subdivision? Mr. Orlowski: It is part of the subdivision. The road that he improved was out of the subdivision. Mr. McDonald: Well, it needs a 280A. You can' t do a road outside a subdivision without a 280A so there should be a 280A . on this -somewhere right? You need an approval from the ZBA for improvement on the road. Mr. Steifer: That was already done. Mr. McDonald: A 280A exists? Mr. Steifer: It does exist, otherwise there would not be building permits available on the back lots., Mr. McDonald: We don' t even know that though. Mr. Orlowski: There are no building permits, we have nothing. Mr. Steifer: O.K. , so I would have to furnish you with the building permits? PLANNING BOARD 24 MARCH ] 1991 Mr. Orlowski: Or the Building Department. Mr. Steifer: I 'm sorry, I assumed that this was taken care of. I had spoken to the Building Department and they said it was taken care of. I will follow up on it. Mr. McDonald: While this is certainly. important, I don' t want to mislead you, but -if you -supply these it doesn' t necessarily mean, and I don' t speak for the rest of the Board, but even if you supplied 'these it doesn' t necessarily mean that I would say O.K. , go ahead and put the road on the east side of the property. Mr. Steifer: The road is already there. Mr. McDonald: No, there is a driveway, there is no road. There is a driveway that services a single and separate lot. You are talking about turning it into several lots. Mr. Steifer: No, I am talking about only adding one lot. Mr. McDonald: O.K. , you are going to create two lots? Mr. Steifer: Yes. Mr. McDonald: There is one and you want two? Mr. Steifer: The front one will be off Sound Avenue. Mr. McDonald: So a road could conceivably be necessary. You could call it a ,driveway but it would still be considered a road, and I don' t want to mislead you simple because you supply that. I might not necessarily, and again I am not speaking for the rest of the Board, and I haven' t decided yet either. But, simply supplying them doesn't necessarily mean I am .going to say that no, there is no road needed. Mr. Steifer: What would be the purpose of the road? Mr. McDonald: . Well, that remains to be seen. That is one of the reasons I am saying that I haven't decided yet because I have to look at the whole layout. You had a previous minor subdivision? Mr. Steifer: Yes sir. Mr. McDonald: With a road with a 280A access over this rather than actually a road, and I 've got to . be honest (stopped talking) . Mr. Orlowski: ' No, the subdivision originally granted was approved with a road on Mr. Steifer'.sproperty. The map was signed showing the road on his property, and that is all we can address. When it was .done and approved the people or the person buying a lot, in the back, came to this Board and said "I have PLANNING BOARD 25 MARCH 1991 no access to my property" . The Board says, "Mr. Steifer, in this 'subdiv.ision 'it shows that there is a road on this property that has to be improved by somebody" , she says, I cannot get to my property, I am' involved in litigation. I cannot. get building permits, I cannot. get anything. In effect, I .have bought a land locked piece of property. We assured her that it is not because she has access over to the property, that is suppose to have been built but was never built on your property because you improved the access road or right.-of-way, which is not in the subdivision. That is out of our jurisdiction completely. Mr. Steifer: We improved the road that the 'Town Board requested us to improve on the property now. Mr. McDonald: On your property? Mr, Steifer: It was on the map. We improved the road that the Town Board had requested us to improve on the map. It was part of the property on the map and the Town Board says, you will have to improve it, otherwise, no, subdivision would be put and there was a vast amount of money spent on this road. Mr. McDonald: And that is the road that presently exists and leads into. Laurel Lake? Mr. Steifer: Yes sir. Mr. McDonald: How many lots are there in- the first subdivision? Mr. Steifer: Four, an average of twenty- eight acres. Mr. McDonald: So an additional lot, would make you a major? Mr. Steifer: Yes sir. Mr. McDonald: Usually, at that point, we would insist on improving it to the road standards. Mr. Steifer: But, we are not allowed to travel that road. Mr. McDonald: Why not? . . Mr. Steifer: According to the Town and the Building Department, we have no access on that road and we have to stay off. That is why a driveway was put on each side of'. the property. Mr. McDonald: You don' t own that property? Mr. Steifer: Whether I own it or not', I was not permitted access on it by the Town Board or the Building Department. Mr. McDonald: Do you know if you own it? PLANNING BOARD 26 MARCH 1991 Mr. Steifer: According to my map that I just furnished, yes and this was not done byDanok, this was done by a second surveyor. As a matter of fact, I believe -'that the mortgage company also got a surveyor and I believe their findings were the same. Mr. Orlowski: So everything that was approved, is on your property. Mr. Steifer: As far ash the map, yes. Mr. McDonald: I am a little concerned; confused rather. I am looking at this, and even this shows the road. moving on and off of your property. It doesn' t even show it entirely within. the property. Mr.,, Steifer: .Well, this is the road that we had to improve it so we improved it. Mr. McDonald:. I see it showing a twenty-five foot right of way, but it shows the travel road moving in and out of it. Mr. Steifer: Well, this was the road we were told to improve and we improved it, and we wouldn' t want to say that the Town Board made us improve somebody else' s road. We've improved the one that was there. Mr. Orlowski.: Are you sure the Town Board asked you to improve this? Mr. Steifer: The Planning Board, I am sorry. Mr. McDonald: But, you see it showed a' twenty-five foot- right-of-way and normally, that is an indication that that is where you put the road. Mr. Steifer: No, there was an additional twenty-five foot right- .of- way given in case that road was ever to expand,_ which the Planning Board also asked for. Mr. McDonald: It' s very confusing, because the road is outside the property in several spots. Mr. Orlowski: You see, the thing was, we made you put the right-of-way. on that side just in case something did happen, and it appears something did happen, as far as access, you have to prove access on that right-of-way: That is out of the subdivision and I don' t know if that is still in court, or what happened, but for some reason, the person in the' back did not build on that property. Mr. Steifer: Well, from what, I understand now, C.O. ' s are available. .PLANNING BOARD 27 MARCH 1991 Mr. McDonald: Were you in court on this? Mr. Steifer: They didn' t go to court yet on that. Mr. McDonald: You have to bring us up to date, who is they? Mr. Steifer: On the far corner, I don' t even know the name, on the westbound side. Mr. Orlowski: Sayer? Mr. Steifer: Not Sayer, in front of Sayer. Mr. Orlowski: Mets? Mr. Steifer: No Metts, no longer, Dcnte, Donte had claimed that what he wanted to do was to move some LILCO poles and that is where the whole - story started. He wanted to push them on the otherside of the road so he would have more property on his side, and apparently it was stopped there because of the Planning maps, and now it is in court. Mr. McDonald: Presently, this matter is in court? Mr. Steifer: Right now, it is now in court. Mr. McDonald: Are you one of the people involved in the court action? Mr. Steifer: Yes, I am. Mr. McDonald: What is the purpose of that court action? To determine what? Mr. Steifer: Well, they had claimed that my piece of property was overlapping theirs. Mr. McDonald: How long ,has this been. in litigation? Mr. Steifer: Approximately about a year. Mr. McDonald: The lines that we' re looking at on this survey are under litigation. Mr. Steifer: Yes, this survey and there is another one following it. Mr. McDonald: That kind of causes a problem there itself because we are going to do a subdivision based on lines, property lines, which are under litigation? You know, you can sit there and show the map to us, and in all honesty, and I am sure you are being honest about it. (Stopped talking) . Mr. Steifer: It' s got an approval on it. PLANNING BOARD 28 MARCH 1991 Mr. McDonald: I know, but somebody else somewhere, obviously has a map 'that shows something different, that is why you are in C litigation, there should be another map. Why are you in court? Mr. Steifer: Well, that is what they are waiting to resolve now. Mr. McDonald: But that is my -point, until that is resolved, how do we even know where the lines are. Mr. Arnoff: Excuse me Mark, who is your attorney handling this. Mr. Steifer: Mr. Price. Mr. Arnoff: Bill Price? Mr. Steifer: Yes. Mr. Arnoff: Maybe if you ask Bill Price to contact me, I 'm the Town Attorney. Have Bill call me, maybe I can make some kind of objective, legal analysis, so the Board can determine whether it wishes to act, or not, based upon the present dispute. I offer that as a suggestion to end this because I don' t think this discussion is .going "anywhere. I think we are going around in a circle. I seem to get that feeling. Mr. Orlowski:, Alright. Is that O.K. . Mr. Steifer: Yes, great. Mr. Arnoff: Have Mr. Price get in touch with me. Mr. Orlowski: O.K. , that is what we will do then. Mr. Steifer: Alright, thank you. Mr. Orlowski: Any other questions? Being no further questions or comments, I ' ll entertain a motion to adjourn. Mr. Ward: So moved. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Being there was no . further 'business to be brought before the Board, the meeting was adjourned at 8: 45 p.m. . I J 1 �,, '��'d� P pir-'a F Town Hall, 53095 Main Road P.O. BOX 1179 Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 27 , 1989 Kevin McLaughlin 828 Front Street P.O. Box 803 Greenport, New York 11.944 RE: Proposal for Joseph Steifer to Re-subdivide. Lot #1 SCTMD1000-121-4-8 Dear Mr. McLaughlin: The Planning Board reviewed the request to re-subdivide the above mentioned property. The Board requests that the right-of-way be located on the west side of the parcel. Please note that as stated in the Declaration of Covenants and Restrictions., any further subdivision of Lot *1 will be considered a major subdivision. Very trul =yours;' �V BENNETT ORLOWSKI, JR. f CHAIRMAN ms Al FEB 2 11989 �= :} -- / �s;`�" • � QJ 37i01 SOi1THULD 90114N } [5• � vift t PLANNING BOARD -710 / n pYOI -iota Q3 7 T3A I 3?.� s am JOO i s 1000, 1.01 44 .� OZ, 6 01 S 4 i f J�iee��ina 2/17/89 Ja�'ec� STeifer to Kujawski Enclosed is sketch for subdivision at Sundown Farms by Joseph Steifer. The proposal calls for all loth:- to use the existing improved right of way. Please schedule this for a work session as soon as possible and advise me of the date thereof. Southold Town Planning Board Southold Town Hall - ra rl ��j � J. Kevin McLaughlin TO Main Road ll ! D ��� i-1 U f� it i ATTORNEY AT LAW Southold, NY 11971 I !11 a; !:' g2g FRONT STREET, 1 , P. O. BOX 803 Attn: Melissa L FEB 1 1989 ! ' GREENPORT, NY 11944 (516)477-1016 r'• � fibi- Town Hall, 53095 Main Road P.O. Box 1179 Southold,New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Kevin McLauglin P.O. Box 803 Greenport, NY 11944 RE: Joseph Stiefer Sundown Farms SCTM *1000-121-4-8 Dear Mr. McLauglin: The Planning Board reviewed your letter September 29, 1988. The Board is not in favor of granting a subdivision using two ( 2) access point off Sound Avenue. When the original subdivision of four ( 4) lots was approved it was done so with the intent that any future subdivision would be processed as a major subdivision. The Planning Board will proceed with an application designed so as to have one access off Sound Avenue with all lots having access off this proposed road. If you have any questions, please do not hesitate to contact this office.. �Ier�-t,-ruly yours, � � (/ �.-tic-�,��1%�/r L'--�,�;�-�y:at,•-a..�-�v�i BENNETT ORLOWSKI,JR. CHAIRMAN jt ATTORNEY �EY AT LAW' W'z�iC�ir� R,y. 828 FRONT STREET,P.O.BOX 803 D V/ GREENPORT,NY 11944 (516)477.1016 SEP 3 O 1988 PLANNINGBO RD September 29 , 1988 Southold Town Planning Board Town Hall Main Road Southold, NY 11971 Re: Joseph Stiefer - Sundown Farms Gentlemen: Please be advised that I represent Joseph Stiefer regarding the proposed subdivision of his 13 . 3655 acre lot along Sound Avenue, Mattituck, New York. This lot presently provides two access points onto Sound Avenue. One is located along the westerly boundary of the parcel and the other is located on the easterly side of the parcel. Mr. Stiefer desires to subdivide this 13 . 3655 acre parcel into four (4) lots, retaining the presently existing two access points . This will result in no increase in the number of access points onto Sound Avenue. The presently existing access along Mr. Stiefer ' s westerly boundary also serves as the access to the parcels further to the south. Please review your position on this matter and advise me in writing as soon as possible. Very trul s, J. in McLaughl ' JKM/lmt lanning Board Page 9 May 9 , 1988 f conform with this price list that will be updated every year. It P4 should make the bonding procedure a little easier. 'r Mr. Ward: I don't know if we have to have the Board adopt it. I rr think as long as we adopted it and gave it to the subdivider with a note for him to have his engineer prepare for our review, a bond s'r estimate. utilizing these prices which we approve as a Board. I think it would simplify and cut down some of the time that our consulting agent, here presently, is spending on bond estimates. Mr. Mullen: I think we should also advise them at this time that this will be good until such and such a date. Mr. Ward: Yes, this will be adopted for 1988. I make a motion that we as a Planning Board accept these unit prices to be utilized for .bond estimates and that a letter be attached to our subdivision regulations when we give it out to a developer. So in turn they understand that they would produce the bond estimate for our review. Mr. Mullen: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Vote of the Board;Ayes: Orlowski, Mullen, Latham, Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Next we have Sundown Farms- Board to discuss this with the applicant. SCTM #1000-121-4-8. Mr. Stiefer is here. Joe Stiefek: I would like to put a subdivision. I had a minor before we had a fourteen acre parcel. We want to put three two acre parcels along Sound Avenue and leave a seven and three quarter parcel to remain. Mr. Orlowski: Do you want to come up and show the Board how you want to do that? Mr. Stiefer: This is the parcel that is in question now: one, two, three and this will remain as one. Mr. Ward: When this subdivision originally came in, the presentation to us was that any further subdivision that came in would be a major and road would be improved. Mr. Stiefer: Which road would be improved? Only if the road was used. The road will not be used. These all border Sound Avenue. Mr. Orlowski: How does lots two and three get access right now. Mr. Stiefer: There is a right-of-way all the way down. anning Board Page 10 May 9 , 1988 r. Orlowski: How come they can't get a building permit down there. 'p Mr. Stiefer: This road is under question because of two different surveys. We have to discuss with the Town Board. We put eleven thousand dollars into this road that was requested to approve the road. We have not gotten the right-of-way on it yet. That is an issue that is up in the air. Mr. Ward: Just generally speaking we would not be in favor of that layout. Mr. Stiefer: Why? Mr. Ward: That particular section of Sound View is a disaster down there. Mr. Stiefer: This area is fine. Over here is the disaster. This is a flat area. Mr. Ward: The whole strip in here is bad. Adding more driveways onto Sound Avenue isn't the answer. You could be coming up in here and- develop here. Mr. Stiefer: How many more driveways would be added on? Would the Board be happy with one additional driveway? We have to have some type of driveway to get on and off the land. What you are doing is locking in the land. Mr. Ward: Develop the right-of-way back in like it should be and then develops the property. That is the way this whole. thing is set up to begin with. Mr. Stiefer: No. This was never set up. This one was subdivided back here. This one was left open. Mr. Ward: Any future lots would be. . . . Mr. Stiefer: This one would be four. One, Two, Three, Four. We are not changing the subdivision. Mr. Ward: Well, I don't know if this Board would approve going off of Sound View. Mr. Stiefer: Why. Is there some type of a code? Mr. Ward: It is a traffic problem. Mr. Stiefer: I don't understand traffic problem. They have where they are opening up a subdivision across the way which is going right across onto the same area. You have one that was just open over here. Mr. Ward: On a road. anning Bo Page 11 May 9 1988 a= T r Mr. Stiefer: It is still coming onto Sound Avenue. All I am asking is for one more driveway onto Sound Avenue. Mr. Ward: Where are the others going to go? z6 Mr. Stiefer: This one. I have my own right-of-way on here. This one has a right-of-way on it already. All we are talking about is one more driveway on Sound Avenue. Mr. Orlowski: Can they use that right-of-way? Mr. Stiefer: There is a right-of-way on the land. Mr. Orlowski: Can he use it? You already got two lots in there that i they can't even get a building permit on. Mr. Stiefer: But there is still a right-of-way is there. All they have to do is trench it. Mr. Mullen: We don't see any right-of-way on the map here. Mr. Stiefer: We gave a right-of-way. Yes this one. I own the land and I will make sure there is a right-of-way available there. This is a right-of-way already. This one here, I own the land. I will make a right-of-way. You have only one access on the Sound Avenue, which is III not a terrific problem. This is a flat area. Down here is where loopy. { I Mr. Latham: What are going to do down here. Some day you are going to have to make a road here going to there, aren't you? i Mr. Stiefer: No. The Town made me make a road off here to run to my { home which is back here. I have right-of-way on this side and a right-of-way on this side. 1 Mr. Latham: Well, it didn't show anything on the map. Mr. Stiefer: No. It wouldn't show on the ma p. .There is a right-of-way here and a right-of-way here. This would be the only one that has ! access to Sound Avenue. This one has a right-of-way and this one has i. a right-of-way. Mr. Mullen: I think we should see another right-of-way here. Mr. Ward: We can take a look at it again. Mr. Stiefer: If it is that bad than I suggest that the Town put some type of object up here for this right-of-way and this right-of-way. If the road is as bad as you say it is. Mr. Ward: Our subdivision policy along Sound Avenue has been to allow tap streets to come in. Not lots spacing. Mr. Stiefer: We have one more lot. nning Board Page 12 May 9 , 1988 ^ r. Orlowski: You tell me that you have right-of-way coming into your f property or a buffer? Mr. Stiefer: No, right-of-ways. They are deeded in the deeds. On both sides. For access back here. Mr. Mullen: They go"all the way through. Mr. Stiefer: Twenty five foot right-of-ways. You people made me put a right-of-way all the way to the end. Mr. Mullen: Lets take a look at it. Mr. Stiefer: We got a right-of-way here and this right-of-way,I own ` the property. Mr. Latham: Who is contesting this right-of-way? Not the Town? Mr. Stiefer: Not the Town. They are not really contesting the right-of-way, they are contesting the road. They are trying to use the road as a right-of-way, but meanwhile the right-of-way is there. It is available. Mr. Orlowski: So what you told the people purchased the lots, if you want it, you got to put the right-of-way there. Mr. Stiefer: That is right. I gave them the right-of-way. Mr. Mullen: How large are these lots up here? Mr. Stiefer: They are two acres apiece. Mr. Mullen: Let us take a look at it. Mr. Stiefer: I would appreciate it. Mr. Orlowski: You realize the covenants on the first subdivision is that this would be considered a major subdivision. Mr. Stiefer: As far as what. What would be the restrictions? Mr. Orlowski: All criteria's of a major subdivision would be met in this one. Mr. Stiefer: Like? Mr. Orlowski: I don't want to read them all to you now, but you can come in and find out. Let us take a look at the lot. Mr. Stiefer: O.K. Thank you. � ' LD Southold, N.Y. 11971 (516) 765-1938 August 31, 1987 Mrs. Barbara Kujawski P.O. Box 1113 Mattituck, New York 11952 Re: Sundown Farms access road Dear Mrs. Kujawski: Enclosed is a copy of correspondence received from Sidney Bowne & Son with regard to the above mentioned subdivision access road. The Planning Board requests compliance with their recommendation, and asks that you advise our office upon completion of the work. If you have any questions, please do .not hesitate to - contact our office. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD SIDNEY B. BOWNE & SON Sidney B.eowne,P.E.,L.S. (Q� Roland Anders (1922-1959) Frank Capobianco Chester C Kelsey, P.E.,L.S. Roger L..Lynch Alexandre W.Mercil,P.E. 45 Manor Road Francis J.Lynch zhauer Robert A.Stanton,P.E. Smithtown, N.Y. 11787 Philip F.Stegman Robert W. Brown,L.S. Joseph F.Stegman Zabdiel A.Blackman, P.E., L.S. (516) 724-0611 ��CE�� � 8 Paul F.Stevens 4� �.;!( William T.Styne George A.Style, P.E. ' �tl'I't� I u„xt,�t,° Richard B.Weber Jerry D.Almont, P.E. v George L. Fagan,Jr., Ph.D., P.E. Thomas R.Pynchon,L.S. �r August 25, 1987 Mr. Bennet Orlowski , Jr. , Chairman TOWN OF SOUTHOLD Planning Board 53095 Main Road Southold, New York 11971 Re: Final Inspection, Sundown Farms/Joseph Steifer, Mattituck-Laurel , Town of Southold, New York (SBB NO. 87156) Gentlemen: A final site inspection pertaining to the access road construction only, per Mr. V. Lessard, was conducted on August 20, 1987. Present wee Mr. Raymond Dean and Mr. C.S. Heffernan, both from this office. We find that material was imported to fill the potholes through the first 250+' off Sound Avenue. This material was poorly graded (sand) and as a result did not compact to form a stable riding surface (see J.W. Davis report dated 10/19/84) . We recommend that this section be reconstructed to attain an acceptable riding surface. The remainder of the access road (1750+) is acceptable at this time. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGIN ER CORNELIUS S. F R N CSH:clg xc: Ray Jacobs, Supt./Hwys. Ray Dean (SBB) V. Lessard (Building Dept.) MINEOLA • SMITHTOWN • NEW YORK CITY • CLEARWATER An Equal Opportunity Employer M/F/H P A11'I=N' ' D TOE '`d; S,Ou LD Southold, N.Y. 11971 (516) 765-1938 Robert Brown Sidney and Bowne and Son Hauppague, NY 11787 Dear Mr. Brown: r Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: A�lication of (Major subdivision, inor subdivisio site plan) arrn� ,- c s i Hamlet MATERIAL SUBMITTED: File # Suffolk County Tax Map No. k000 _ �2� _ ,UA.1 _ og Sketch plan Preliminary map Street Profiles Grading Plan Preliminary site plan Final Map X Other V-000Cj �C �Y��OYYI �TQh 1 �. (1�u'rs Comments: Very truly yours, BENNETT ORLOWSKI, JR. ,CHAIRMAN SOUTHOLD TOWN PLANNING BOARD P D \ ,.,r .fir,,. •�„ '�� \ r .I, S 3 LLD \\ x Southold, N.Y. 11971 (516) 765-1938 May 29, 1986 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, NY 11944 Re: "Sundown Farms" Dear Mr. Tasker: Enclosed for your review is a copy of correspondence received from Mr. Shepard Scheinberg, esq. with regard to the traveled road and the above mentioned subdivision. Also, enclosed are copies of the surveys for this property - one map, surveyed by Donack, indicates a four- lot subdivision and the other map by Van Tuyl does not. As you can see there is a discrepancy between the two surveys and the difference of approximately 15 ' means that the traveled road is either within the subdivision or not in the subdivision at all. With regard to 280-a approval, the Planning Board will not grant any approval until the discrepancy of the traveled road is clarified, since the' subdivision lot owners would use this traveled road as access if they have a right to. Would you please advise our Board as to how to proceed with this matter. Thank you for your assistance in this matter. Please contact our office if you require any additional"information or if you have any questions. Very truly yours, 3tnjutt 0. CC 1A-1dj ��M- BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD DMS FNC _ Southold, N.Y. 11971 (516) 765-1938 June 10 , 1986 Mrs. Barbara Kujawski PO Box 1113 Mattituck, NY 11952 Re: Sundown Farms Dear Mrs. Kujawski: The following action was taken by the Southold Town Planning Board, Monday, June 9 , 1986 . RESOLVED that the Southold Town Planning Board accept Inspector John W. Davis ' memorandum dated May 14, 1986 with regard to the location of common north-south property line (Sundown Farms - West side) and the Dantes and Sayre property (East side) , Sound Avenue, Laurel. Enclosed is a copy of that report for your review. Please contact this office if you have any questions. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. Memorandum to: Mr. Bennett Orlowski, Jr. , Chairman Date: May 14, 1986 Southold Town Planning Board From: John W. Davis Re: Sundown Farms at Mattituck - Location of common north-south property line (Sundown Farms-west side) and the Dantes and Sayre property (East side) Comments: This section of the above property line survey was re-established today by Donack as requested by Mrs. B. Kujawski. The Donack plans dated 9/12/84 were used. Today's survey was also witnessed by B. Kujawski, J. Stiefer and Mr. & Mrs. Sayre. Mrs. Sayre has a property survey by Van Tuyl dated 2/26/85 that shows the traveled way all within that property and the 20 ft. R.O.W. . The Donack survey is considerably different as to the location of the common property line in this area. R. Van Tuyl, as requested by B. Kujawski, came on the site in the P.M. after the Donack survey party had left. He brought a survey map dated 5/25/50 (Map of farm owned by Mary E. Hallock) which covers the same area now known as Sundown Farms. This map shows the north side of the property along Sound Avenue (named North Road previously) at 505.53 L.F. instead of 520.32 ft. as shown by Donack, a difference of almost 15 ft. This lesser length accounts for some of the differences in'the property lines (East side) at the Dantes and Sayre property as shown on the Van Tuyl and Donack maps. The correct length of the north side (along Sound Avenue) for Sundown Farms should be determined. The lesser length, . 505.53 ft. ) , would affect the total length of Sundown Farms (west side) for location, total acreage, etc. May 15, 1986 R. Van Tuyl gave me a copy of the 1950 Hallock Farm map. Comparision of the two maps (Donack and Van Tuyl) show the difference in bearing and length at the north side, a small difference in bearing and length in the last course (south end) of the east side and a difference in length of 16.94 ft. at the southwest corner at the south end of the property. Donack shows 90.96 ft. , Van Tuyl 74.02 ft. This compares more or less with the difference in length of the two surveys at the north end. All other dimensions and bearings are the same. I reviewed the deeds from the Planning Board files, one for the Sundown Farms and one for Lot No. 3. They both conform to the Donack survey throughout. Note: The length of 520.30 ft. (Donack) for the subdivision length along Sound Avenue has been circled in the subdivision deed. Others may have found the discrepancy in the two surveys for that distance. I would recommend that nothing be done as to updating the access to. Sundown Farms until the status of the common property line has been resolved. John W. Davis LD SL Southold, N.Y. 11971 (516) 765-1938 November 8, 1984 Rudolph Bruer Attorney' at Law Main Road Southold, NY 11971 Re: Minor subdivision of Sundown Farms located at Mattituck Dear Mr Bruer: The following action was taken by the Southold Town Planning Board, Monday, November 5., 1984 . RESOLVED that whereas , a formal application for the approval of. a subdivision plat entitled "Sundown Farms" located at Mattituck was submitted to the -Planning, Board on June 12, 1984 and filing fee of $100 was paid on .October 5, 1984 , and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York,. on October 22 , 1984 at 7 :45 p.m. , and. WHEREAS, the requirements. of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it resolved. that the. application. of Joseph :i and Patcia Steifer to be known as "Sundown Farms" for approval of said subdivision plat prepared by Donack Associates dated May 4 , 1984 and amended Sept. 12,. 1984 , October 2 , 1984 and Octo ber 9, 1984 , be approved and the chairman be authorized to endorse approval on said subdivision plat subject to the following conditions : 1 . Filing of the covenants and restrictions as approved by the Town attorney with the County Clerk. 2 . Review by the Suffolk County Planning Commission of the subdivision plat. Mr. Rudolph _;er Page �, fovember 8, 1.984 -------------------------------------------------------------------- When the Chairman is in receipt of notice that the above conditions have been met, the Chairman will endorse the maps. If you have any questions , please don't hesitate to contact our office. Very tru ly yours , , BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOA D By Diane M. Schultze, Secretary r 1,V 2 1994 0FFI10- F 0—WN ORNEY ROBERT W.TASKER ® D TELEPHONE Town Attorney _ (516) 477 1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 November 1, 1984 Mr. Bennett Orlowski, Jr. Southold Town Planning Board Main Road Southold, New York 11971 Re: Covenants 8 Restrictions - Sundown Farms Dear Bennie: I have reviewed the revised Declaration of Covenant and Restrictions relative to the above subdivision which were sent to me by Mr. Bruer, the attorney for the subdividers, and the same is acceptable as to form. I would advise that before the agreement is executed and recorded, the Planning Board make certain that the persons who execute the same are, at that time, owners of the premises. Yours very truly, ,00 1 ROBERT W. TASKER RWT :as cc: Rudolph H. Bruer, Esq. pppl- J ' r G f C-S sealand y surveying . 't e JUL 3 � July 1, 1986 1986 Mr. Bennetl Orlowski., Jr, e Southold Town Planning Dept. e Southold Town Hall r Main Road Southold, New York 11971 i Re: Sundown Farms 1 Dear Mr. Orlowski: Per your request, please find a listing of all the deeds we used to compile the tie distance r along Sound Avenue, Laurel to Aldrich Lane, Copies attached for your perusal, As you can see by simple addition, if Mr, Van Tyle' s distance is accurate it would place the Dantes property in the middle of Sundown Farms . A physical tic distance can not be established without actually surveying each parcel individually, This is a timely and costly procedure as there are hundreds of acres involved. Should you have any questions or need additional information, please feel free to contact me, Very truly yours Raymond W. Donack, Sr. - PLS... RWD: cw CC: William Price Joseph & Patricia Stiefer Barbara Ruj awski G�C� forty west main street • riverhead, n.y. 11901 (516) 369-1717 Tax Map No. Liber 6c Page Distance 1000-120-03-07 L 5653 Pg. 276 95 . 80 ' 104. 20 ' -08 L 3001 Pg. 150-152 200 . 00 ' 730. 00 ' 1000-121-03-01 750 . 00 ' -02 L 6329 Pg, 265 169 . 22 ' 129 . 66 ' -03 L 3694 Pg, 568 127 . 00 ' 46 . 00 ' -04 L 3636 Pg. 541 180. 00 ' -05 L 6634 Pg. .552 413 . 48 ' 306 . 20 ' 121. 20 ' -06 L 9933 Pg, 430 157 . 00 ' -07 L 9557 Pg. 262 100 . 00 , -04-01 L 5143 Pg. 227 120 . 00 ' -02 L 2969 Pg, 52 108 .9 ' -03 L 4809 Pg. 474 100 . 00 ' -04 L 4216 -Pg. 559 180 . 00 ' -05 L 9815 Pg. 343 133 . 95 , -09 L 7962 Pg, 282 22. 4 ' 0. 15 ' 100 . 35 ' 203 . 36 ' 58 , 24' 109 . 36 ' 53 . 08 ' -27 L 7392 Pg, 582 10 . 15 ' Total Distance per above 4835 . 2 Van Tyle Survey tie distance 4986 , 95 ' to Sundown Farms The noted distance are per Suffolk County Tax -Map Systems as the deeds were either not available or do not show courses and distances , �1 r s€ i " ti J Y1ati r t:�{} GCS t R S' t ci' ar r rl y t o ra rm p ' N iirk�{PYh.t p�,(•fy(�N3 }`�3 f't"'tt �.vi{�J,N����yYjn�'.a�q,ij{�t��y�'�S„,r`'1� �"P P,y.��i� 'Y c{ D J i •S`l t� T�[�f♦�"1i�.^T�•wry-`__'"�.�AISMF �`i' -�' ' {,�r. � � src�, � �n,��'�N "J���•n, q � y; r�0'�llf,�ilb�)'� t s�+ 1+`t 4 _.fj'"�r�����{��,r}�� " � r"�4G,. 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XMr 8tlt�'1' ^/";" t+' z''tv r' $� +'''r� 9 y$ it 'x At ? a r ^,v, tu. ' r e� �}�v;enl� =r{$ t 61 t;�r Sf'Sul r�'k dt.l^r' NN 1 4 � t �"j� i ( 'T'S�titP P JIM � k}!�' " .'�.. fir,,,; �. �+.N ,`�� "u �IaFi" p��• "}�� Z�' t}{1. S. 4 fk;.F:>�, r a` y d',5f es a•/X' r"i,.�}}7,r+� i#, H x�'ssrflsri 'Y a I r ,,b }",,3,n k '' t,f�` .i•�IY'M., r..e,„.,,i�iii,M.rt �`�{C 4 4.0 3 fei,9. ° aA'u kan _ �} } s y��?;f e t�"�i�i 7 +l � �,�^t�}ti}��'+ � ,'S� �\+�t• � ,�'�,� fir r Y 4,�11y'R�•}x��` r.? �C . ti 3 7 r.d 31x�1"4�,'t'i3sjq r•` %1"t,k.'v� l�''�'"r.?�"�f"�A," 'r!' �'��, t. r I ' IOU 001 PAU 150 t I.i' i i .. r r • � b I !C I• YS INDENTMIEo made the rt9 daY of HundVod and Forty»nine, between llniA 11. IM2v �roaidin A earl 4 ' +{ Outohogue, Town, of Southold, Suffolk County, Novi Yorks widoi I and -sole devisee-.under 'the Last' 0�311 and mestarierit ohe f Id�lcol��lo�r. i 1 .' , Reeve deceased late of Mattituck aforesaid part, and ROY H: REEVE., residing at ,j4ttituck, party �outhola,�� Burro , Count p the second, �x x .' yy N'ew York art ofi part, WITNESSETH„ that -the -party bf' the ,first of Seri and 00 100 part). in 'consideltati,:y � / ( 10.00) Dollar+s, lawful money of :the Unitod i ' States, and other good and valuable consideration paid.'by' u i of the second 'party does 'hereb i ease of the s000nd part,' his hears ayndrass3gns 'forever,, thv ps.lity "7�„ ALL those z0ertain lots „pigcea or parcels `of land, 1d10 buildings and improvements thereon, `situate Viith ]lkyan, + , Inattituak, Town-of Southold, County of Sui'fod: S aeeofIseu ' York, bounded and described as- follows; t , PARCEL 1: On the North by land f0 merly of Henry Ja Reovu I onr the8t+ u' ce1 of land by land' formerly of Malcolm M. Reeve and ' f y this deed oonveyed•as "Parcel I1111; onbt}1egSoutu 'y land' now or Ito rraerly of Henry van, Wyck; and on the W (i Lv f " Je Dwight Reeve containingb estimation four (4) acre 14id Uj', ; lesse y , rnors pr BEING AND INTENDED TO BE the same remises to Malcolm M. Reeve by Herbert Me Reeve and Maude M. e�rlvc';lr• { wife,; by deed dated Play 23, 1938 and recorded' in the office s. � M Clerk of the Count of t;lic y .of S folk ' of on May 26� 1938. Libor 1.984 of deeds at page 93 ,4 it »� TOGETHER with a right to of lie foot and with vehicles 'and machinery overof fors and repass Reeve and 'over lands of John G. - Reeve to and from the Norttin� Load leading from 'Sound Avenue to Mattituck to the preniisos ab'uve described over a strip of land desoribed as Follows: ;{ I', Of way-oo�m'nenoes ion the southerly side oP'the North Roaddlea tf from Sound Avenue to Mattituck at, the northeast corner of the;. . itl„ I' Promises formerly belonging to lien '� J � + Reeve' and runs thence'southerly along the easterly boundary line' of land formerly of Henry J,• Reeve b and wiof- John J y th land G Reeve,* With land formerly belonging to George, 0 eeve, and then by and i., oi"'way comes to ,a ale�ared g • Hal lock until said ritlt, �K 3* ►uin` lot 'belonging to John G Reeve; tho x coat eeve S 111 a southerlyr-diro.ati.on along the easterly bounda�t►ye line of •land 'belonging to `John, G Reeve by and with land ' foriii(IrlY belonging to George 0. x'8, Hallock until it reaches the wooda now or formerly on land of John Ge ' Reeve'• thence running !n a westerly direction acroas lend of John Ge keeve Mist north of the said until said right of way comes to the northeast corner of the` premises above desoribed. ' 'BEING AND INTENDED ' established by a certain,• a ree TO ••the same right of way +_ ff g went dated February ns 20th, 1928 and recorded 'its• the'office of the Clerk of the County of Suffolk in Luber 1562 of deeds at page 382 and is sub ject to the 'conditio( !� contained in said a8tieement as modified by a certain agonditioriqejz�nt datt cj Msroh 30th 1939 and recorded in the office of the Clerk' of t i �a I County' of ut'Polt ' in. Libe ri. 2035 oP,deeds,. ,.Page he �• T Oft AD 1 �w 7g M 4 7r. concrete monument marking 101tn�' a„ a co Reeve and L Its Co3cnnena ormorJ7 of 'dour' J• , rr;t;� corrior of larl of Malcolm Me Reeve where the ;r corn o> ].and fonaerly - • and running thence in mhn J U�vlght Reeve, • distance of 2$ feet ' " '��7.ais An of ' • Grr3 ?�t Reeve a a distfance of roc o on along ,land easterly dix'oation f a• set at the sotithwesdireation i . red ip 1enC � a Southerly to a concrete monumen. • then ae rtiuj113rt g said other- land i�• - n l o . -jot- G. R©eve, Reovor dietaY► a . EM_ of Malcolm a as 'f parcel YIS i s crt o , e;r axed formerl tag a westerly, direction' c11.ti + the premises oortvsed by • and thet►ce rt�rtn3ng said other land be set 31 inches, of Malcolm Jae Reeve, M a distance i c,n , other land 'formor?�"� this deed as !parcel x i ont the prem3 sns conveyed b_D his Reeve and concrete MonuM land o ".5 feet to d�•b g' nn g• d b f,l .7r- : . oil uL lshe point Or.Place e i in y'Y �ET� d Bg the PreMIs S+l e z evey 'I'lfifiY . to Me►l t , F31 ]ZtG; Ali IN ' hls wifer 134 Reeves the office of the a 7, `tc t►!r, J. Reeve and Caxri1959 and recorded In seeds, at Page deed dated March 3O� Libor 8035.o� of 5uffollt �, lnrlc of the Count'Y monument at the south+ Beginning at' a eonorete Reeve and oonveyed E �k PARCEL III: of Ma3.00lu► M. a H. r1 avravr of land frs►erly lid formerly of GOO rg 1 oasts y nParcel z y adjoining formerly of`. Malec i°MP,5 .this deed a l thence along said lsitid form P t10y; f 50 W. 288.43 feet o10, Mi a ditch two courses all roll, (1� R Mali, `:toeve and along and (2) 1J . 19 3 land 'formerly of d along 30" WO ,244655' foot, artlp along �'. Reeve an , ;►'n thence continuing p orl Of Henry a take;, along land form y a aona '�e mon> rit' W. ,351478 feet � 20n H� 407.67 feet i L I2nbV© and partly ,l. 23 ' said ditch N 20° 3l John G.t Reeve 6'� erly of John C• d�o f and form t and thonae along thence'along. l en to a concrete Monument� feet to a' concrete �nwn erly of n 897 Yl6 thence along said lend'fo �l) s� 8B" Reeve 5. 20° 01f 10 1 e r then of George He � ee courses as follows• 10=01 ly ' e and a ditch thr S.• 68° 38 f 30!' W` Ob ep� �'6r sf rvorg H thetoe (21 the point , + e x. it foot•, . to,4Jf 50" YJ. 12194 ,�f 40" vi:i 8G.0, feet thence (3) S. 78 4 ent 8.00 aares� ' de containing by t of way on© 'il) '°d d with agh ed and run- TOGD'1 R remises above convoy ' < rthet st corner of .the along the souther leg sideinf 91 1 I Trom the''no erl direction and thence t ning thence in an east y Reeve•, , to John G• lido a i ,Aarod lot beldng5l aide of said c .eared o +„ the easterly the westerly northorly direction along direction along Road leading i' 3si a no �therly s and continuing land. of John G. Reeve to the Nor s o f the main l arx do gtj ti tU*'. from Sound Avenu the same premises �D n1'1'Rt3OED '•1'0 BE 23r 131T11G Reeve by deed' dated ,day Reeve to 1Aalooltn Me the County of b John 'G+ ff ice of the Clerk of ; . s veyed y the o at page 41ge 1935' end recorded in deods, Suffol' e He i.,'Libor l9$3 0£ d fo Me • 0o the Yiest by ' w On .uhe East by land a H. Riley• On PAAO?,L V• foxn*►er1'gg of Gearg conveyed as ' ou y land xeeve� and b'gi thin deed a°theynortherl: i on t�1© erly of 1,1a1co1M tvl. It' of John G. :Reovop an extension land £off +� . e 110 rt11 by convey k on 'the re,iSs�:3 hero7n ed being 0f' the ad3oinW �� t +���ArCel 'II'L ► boundary , boundary .line c dilieclu of the north til it reachesbth�sb�tn�" :reeve tm containing ' ,t E; in an easterly o f';+1alcolm' lv[• smiles cants y in .and• f0lmn03 y "loll 9c,id Pr : Georg 74 formerly off,) acx�eg11000ro, oxi logs. one firemises convoy r tit, lion dour (, r A� 'Ir1'I' 11DRD TO 13B' tde s ,dated. October Y,l T�1�, ? . + t{R� lteove by on f i �' G Reeve t0 Malcolt► eC MUM 1930•and recorded in Ober 2061' of deeds at page 226 On tx the N orth by the highway known as the, N ort a, wed; oil e st by lands formerly of J. B. and LaRosseau C. :Dayton; on the South bX land formerly of Malcolm Me Reeve`and by this deed Conveyed as « Parcel VI11; and on the West by• xldriah Lune sometimes referred to as Laurel Lane, Elishal s Lane ois East' Lsne, containing by estimation 20 acres more or Jesse . XC p'f�1 C'therefrom, howdvery 'the portions of the aforedescribdd premises heretofore conveyed by Malcolm M. Reeve and Irma H. Reeve, his wife y to Ro He save b deed dated Isla 3 R 1927 attd recorded in the office ofthe Clerk of the County ofy ` i Suffolk in Libor 1617, of deeds, at page 416 and also' excepting therefrom so much; of 'the aforede'scribed premises as was conveyed by Malcolm Me Reeve and Erma H. Reeve' to Roy Ho Reeve by a certAii agreement dated April 12, 1939 and recorded in the office of the C]e rk' of';the County, of .Suffolk in Liber 2128 of deeds, page 268. TOGETHER with all the right, title and interest f ,• of the •partg'of the first, part of, in`and'•to land lying -in the bo of the streets,o•r hi was ad acent to said preraises to the cente r: line thereof.' ,. BEMG'AND niTENDED TO BE the same premises;,convey- -ad by Charles T. Jones and Bertha' Jones, his wife, to' YA10olm' 1;► '. Reeve by defied dated March S, '"Y92a and ,recorded in the office ,of ' .., the Clerk of the County of• Suffolk in-Liber 1065 of deeds, page' 531, excepting the portions thereof conveyed to :boy H. Reeve by �{� the deeds Above.-,deseribe'd n t 1 4 r PARCEL Vl: 4n the North by land formerly of Malcolm M. .Reeve t�. ',• -and' $. eed conveyed as ,"Parcel Ve, on, the East by land i . by -formsrl+y;,oi' ,the Estate 'of J'asnas R. �'Halloek, deceased, othenlis�, �, r i .i... knovm as the Dayton ,Estate on the South by land now or formerly fF w _.of Dundee' Beaurities Corporation; atid'Viesterly by the highway ^ �� ,_�niown all, Aldrich •Lane, and sometimes referred .to as Llishads Lane` or BOB t'-Laney. containing within "said bounds- 19 naves,;, more or lee The Southerl boundary Mine of the promises abov } dasoi^lbedd Is morked'by two.'concrete 'mor�iments set in the Southeas .;. ".corner and the. Southwest'corner of 'the above ;described premises• and i4join'Lng land,now, ot+ formerly of lhmdee Securities Corporati .,', 1 it being the intention of the party of the first part 'to convey .' ,i to the party of the second part all .the l.and,'of' the party of the first part on the easterly side of Aldrich Lane adjacent to' and -lying immediately north of the land now or formerly of the Dundee Securities .Corpo-rations TOGETHER with all' the right, title)and interest E ' of the party of the first part of, in and to land lying in the x. r . bed of ;the street or .highway adjacent to• the `aforedescribed`prvmi es � + to the -center line thereof, ' BEING AND 1NTEW)ED TO BE the, same premises cony �. veyed by Nick Bakowski 'also known as Nickolas Bakowski and ?Mary, Bakowski, his wife, `to Malcolm 14. Reeve by deed dated Septembers 29, 1942 and recorded in the Suffolk County `plerk�s, office in Libor 2264, of deedsr page 30l• ALL'of the aforsdeaeAbed parcels designated as parcel, Z' to Parcel ,Vi, both inclusive, are conveyed 'suWeetk to,existing ' .,�;:, 'tenancies,. i any::' •, ' � . , '� ,�� ;,• f i t I V • . , tp t ,r`�♦s .. , . • .t '�M` ��`to�y . y r ' j.r. `vF � �. 3 t o • tab .ti .• � ,i. ret. 4:11 i 1' F • i _ { ey�. L7�\w �-t'! ti•;. ' } �•, 'i' -. -}4• ''.$ �-,t ni.t t. p•.< y : -,r T9�lI :ti+ { ;t►,f„� Vy'.,ai a ;iI •w;. �'�r•:� � 1J � a�`- «':q; .i'+ ,t i.. 'r 1 ti' �.r•1#Y,: .. �; .Ita. '�9� `��'•t,� r�•1,• � .tj f'_6 •� .. ..^ JUL 3 1986 r �+.I,y((v��[�. yr¢u' Azov '4n%'�tMdt �44, ! l+M i a s a�tf, s i�J JHl�k�r t .i•. ,� ,� � ti t i'�i,=l.E �f��Y' nit 1 i •TM• - �ryt t (y ! 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Tr yl I t��`r i'7 i f4� '� "r� 'I '�` fi a iS ,b•'���}t" el to (r low t{{I,( t�'� 1,6uf}"�Y,+s��IM(��,?i� 1 is s i� �y x` i_,� (:• I rho °rail tZ P. l 115, IA`t rtl.- >its,y7wsfi„B t •� '� i !r. � �y+' 5�'ii ,+.t.l�l� 'j.l. 1 „kC I r 11 rri''r6, N ;ipq'1���5 ,)it'i Y' R { +i-t4�'1� 6q t 71 u k d r �:3 I �'�.�, q�e f�•t� k.. r� t t 5 1 �+ ' r� sr y 5 � �+ i�i uaat��. ��i� ! :7 , Rdfitt�k r1 v. i' �, p �t{,2 t P r��� >, o � L '.;•(yb, Yr'���!yegj�td1'�r �tY� •'{ ,y J•yk� i 6P'. '"JY Pr r ; 4 ,j„ �1 tip,• ;�$, i '.d�Fsof' 0 t S. N y �iy� �, I ' { t'II FORM bF1C ��Y.DEED—Fgtl Covm.gt �r1M 41ea Conaant TUTdL�N% ecournno u���tosnca II cla+�of 1P17,Ch.p,b>il Cb.yrp7f y.w�o1 19371 ` rull/e law Arnf AvbGsMrt 1Rrl/SndH. 31s t (lay December,o ,llarlc tJrr , ,11hretcr'lt Hupidred and Fifty-three fS Between iilWIT D. CLIPYTOPI, residing at $2 Parkridge A-venuey }' uy ': C ' iJow FOWWI10r New `Cork, ii.N w party of the first pdrt, and =, ii1lE 1.ON,AGA, residing at MattitUek ' Suffolk County):" '✓ slew York, ' part of the WOW 'part, � j Wltnesmeth that the part y of the first part,in consideratdbn of One and ,00/100 "• ' -------------.r.n..+-�,r-rr..r��----... -----w"""M-------- DO�laI •, ���rOV � t' � k r 1 lawful money of the United States, and'other good and valuable consideration � paid by the part y of the second p4ft,do es hereby irant and release unto the part J of the second part, and assidne forever,au that certain piece or parcel of .land, situate at biattit;uek`, Town Southold, County of Suffolk and State of New York, 'which ,is 'bounded quid, . b d r adds"Sound 'r +� . ., described as follows.. beginning on' the southerly lin- ELvenue at the northeasterly coiner of ,these premises, ;tid j6i1Aing other Ian(% of Lomaga and' distant 136.9. feet ffiom a road n}onumbnt';etxnk avenue ►s southerly line at the�northvresterly earner b land iormdrl�T. belonging to T. Kirkup, when"such distance,. is tdiken' frota,.t8b' r0ed i a+' a- ';1f ,meant ard measured in a course that bears north. 16 dogrbea, 14 .nutd� 4 west therefrom along the southerly line or side of Sound kvdiiub= then06 I{ along said avenue t s 'southerly line the three Pollowing'.courses and distances to Wits (1) north 76 degrees 14 minuteo'wea't 74634 test to f anoLner road monument; (2) north 66 degrees 21 minutes west 266j,66'`fset r to an iron �ipeo and (3) north 62 degrees 28 minutes 30 seconde .Mast 169.22 feet to Otherland of Hattie D. Clinton; thence ' course south 20 degrees 17 minutes 10 seconds east along alintbiits'.`•land R r'�is�airco at' 1123,18 feet to a'monument; thence in anti bearing' `1 ; north 19 degrees,58 minutes west along the other land of ?..a:n498, a dis,;ance of 345.90 feet to an iron pipe; thence running 1lurth 68 degxeb 45 minutes 30i seconds eapt, still along other land of Lomaga a distanoe f; _ I of 286 f'edt as monumented;' Vaence continuing along otOW Land of Lom46a several courses in a northwesterly, northerly and, northeaeterl dizieabi TV to t,"e pn t.nu or �a1oe �f beg3,nnins as aforesaid. tt- is ' + �, +� ►� f 1r • • 414 S�°I k.� tR� tt�M�+..w�'H,.'"�:F+� `.}, .. .�'i';'N+M ,I��K►��ji��i� 'T�t a .r�w� r ,, Mrd�t't,+• �,1�th-' ,r�yof • ',+hI�t4P+t?Rk � yinMi�ft+jara�rw/ a F ` I ' �' thKtn 1'J121 CP 1,. P1+1Y;4, anrt PRINK. hlb Miteii hpth rost'4E1•N # „76YIt' kaw 1•01reat u4ne, Forest 41ii1A, ,ow York. 1' ' • y 4Sf1AIE 01 �,' ' A •�,,, 'y� '" •� -:. � 1R.11kl1fEN:k�1! x: •N W' Ilk Au1 Poo ft)cevC r', ntVxSt?'t;'and JWLlA4K'DAV980"1, h01 M'1!•f iet11 a, *,• , ' `' relaxsttew[ et,0ox,05 A 4It"y crock, ;few York � r, '• n 5s V. *Rv"fmt'00 a!"M4��Srrt.p�frll►�ni►i#rrllifMi[ ,� rV;�r� aI 1 0 1 !' Und.,tlb/'ion. '�'. !+� 'J� '0 lY71�:.OQ1 y,+ "" ► i 1yWak-m or V itM'Y iaf� Srrd # and,othnT:'ggpd ri1� '�►iStalitl� i`eeyllMllEkX�t��di ' !.• �' ` �, Nala br te4'parA rl•I,Ef>+►tstM`�1Me F � tti J4 +star<rrne „ rrf#�'ye r�ma�h� r1 +i�� d y `III "Nowr000,' c `a Y tnat ceirtain ploc► oioce or pi . ras2 dt ltlhdr wikt�`EAs1 Iluitiil + r rt #tYtt •fitia torwewtnt�t' >tetalet etrMiotltd.""aitwat�r Ex4h Md'b"09 r~ ,me tl Yowl`ot` �;outhold, totatty'of tqilolkry'and+3eNt• a�' 11ti tYol rlMMsilM!4 #� And 'dR.iGt±itltid :,toliowal . ' . :f ��i N{,' b nl tilrtG aL a,'concrit4 rmumsht'set 'ah the •Aiftlt illtsio• e!, Sound Artettue at the nnttlrtlaNtRrly'corhslt e3# ehsl ptrdseir bNftEttF ,deecrS6id 'acl�aining land of .tghn gottaga an thi,MNIwo, •aid.UaNMg�h6 #'t, e�ainc aDoue 2aob` feet easterly as maaaurod 016"* tm k0um tE •!.tla p!i i6Und' liteffue tiC)M,the, ShtMFgb+wt on wt ttA do"ttlnrly gift of ". ^,oltrtd tivenae +sfid'the e+aaX'erly •'tide b[ A�dricll Laval lfregl AMA n#onu*oat atld patht of bt+ginning rtmninq•the+ of alr�tq' w11k11t1 lr Y, 4td+s ��! l;ound nvonue, th'iftt MICSea IlWillseatlo0a as'. 01�401 a -' i, `1► bi.` a7 oegrtlele 'S'Ji rtinutea 20 sde on" Bk-nsl'l.kt'llrit i tJfsn '°:" negrrsptr 1A M.{h.U�e�10,S6cands t.-706..20 reed thont.' � DegressA9 Aliutet+ 56cdn"'18.-121A0 fNt t4b a R` no[twaant sod Wand of pickup tstatei ,running Wince albnl7 .14"',0!#th+l,s µ' nfctkjtp tst4tb, three couist+s coil diatanp+a as lollowat t. 1� � �g.47RgreaeF�S� Mln[sbren ]t1'8ecane�k t�oWSX1.'tJ"ttat'k� a pf�lattj 21' a besgteea •ja otinut,ta 10 SAcondrs t: ��09..4R kMet tri a'NOeI 2A A c +i.w3tf7 91, feet to a �T 66 Degrees, 2tt ;�nutela a ertlda "Monuftnt anA land Do John 1.0r Qp ►n runny thetta�a ainng Arld 1'an►1 , t,aaAyar tha•e0 Muxi§0s ands dletanc�a•ar,f 1145+e+ p+ #1 v. 1tk'p,.yr�es xy jaYniitRd i+i �1erMnAs Se:a, 1l#.ey t+re�k to.a r� n anxla+rpt,I too1n Y t1 ,t.. 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W1 1 �t`'Mkyr�4P�',MN Hh�r:N!q� ' f r { r ♦ R" Zara, 7 ,hy to f ay rCk - in vI dot 44PJ♦ t A� t . is RAi t" i „�tf' }c�r 1 I ! ��L,', • ! � P - r x .,{ 4y b t, :..#" rt`y�t`..{ yy •. f� �„t i'� 2•. �� fi1�"*�, ' tNi 6ti�:. � 'itlt aCi Pc t )� d � Y t' ✓ I � yt' l, Jh iI"1� k 'Y "�,� � o!,�i,�,��a14���>5� t T{,. : 1 i�t.°'^ r k'��i st , r ;�r 1 a., �i, y ?y }w �' �:,•, OUr PU% D - T 0' � L7�� • • D ar Southold, N.Y. 11971 (516) 765-1938 June 10 , 1986 Mrs. Barbara Kujawski PO Box 1113 Mattituck, NY 11952 Re: Sundown Farms Dear Mrs. Kujawski: The following action was taken by the, Southold Town Planning Board, Monday, June 9, 1986 . RESOLVED that the Southold Town Planning Board accept Inspector John W. Davis ' memorandum dated May 14, 1986 with regard to the location of common north-south property line (Sundown Farms - West side) and the Dantes and Sayre property (East side) , Sound Avenue, Laurel. Enclosed is a copy of that report for your review. Please contact this office if you have any questions. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. Standard N.Y:II.T:U.F.'orm;8o07' z-ea ion —13argui',and Salo Aod, wi61e Covenant against GrunLor's ace- .vidua}o'r Corporation. .» I . 0004SULT YOU16,LAWYER BEFORE SIGNONG THIS INSTRUMENT=THIS INSTRUMENT SHOUT D;Ik& US D BY LAWYERS ONLY. i Lila 00 THIS MDFNTURE, made the day of Jut'tH J'e.b, , nineteen hundred and,.e gAt' four' BETWEEN V. AVIS REEVE and RICtiARD N.. REEVE, JANET DOUG{�TY and J. DONALD DOUGHTY, BETTY EBETINO and FRANK EBETINO, c/o Scheinberg, DePetris,.& Pruzans i, Esgs,,. 20 Roanoce Avenue, Riverhead, New York, party of the first part, and JOSEPH STIEFER and PATRICIA STIFFER, his wife,; residing at V)O : ' 6-e_04 ROa i CL,-�c 0 ue. NKw ti�uw1� I1y3� «. DISTAICT i 1 ECTION BLOCK I LOT o � � 1 I o _ a 121 i 17 21 party of the second part, WTII'NF.�SETH, that the party of the first part in consideration of 4N hU,IARID THIoY FIUE•-'THOUSAND and90/100 - - - - -i - - - - ($05!,000.00) -- -_- - - - I _ - - - - - - - - - - - - - - - - = dollars, lawful money of the United;States, paid by the, party of the second part, does hereby grant and release unto the p rty!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; w'th the buildi�gs and improvements thereoc erected, situate, ng and being n at,Mattituck, in the.Town of Southold, County of uffolk and Kate of New York, being more particularly boded and described asj ollows: BEGINNING at a point; on the southerly side oflSound Avenue where same is inter- sected by the northeasterly corner of .land noW or formerly of Mets Imes, Inc: ; THENCE North 77' 34' 38" East -along ;the southerly side of Sound en 520,32 feet to land now or formerly.of Wirtz; THENCE South 21' 49'120" East along I& ment i oned land and along 1 d now or formerly of O'Connell, .1,984.85 feet; THENCE South 21' 49' 40" East along ast mentioned land 603.59 feet� � TAX MAP )ESIGNATION THENCE still- along land now or formerly of O'Connell' the folluming f"ve (5) )is1 courses and distances L000 (1) North 89 41 00 West 110.86 feet, I i (2) South 86' 56' 00" West 230.31 feet; L21.00 (3) South 48' 15' 50" West 190.75 foet; su. (4) South 81' 23' 10" West 126.72 feet; i )4.00 (5) South 480 52' 56" West 90,96 fget to'land now or formerly of Macari.; 0`(5) TE,.PCE North 01' 15' 00" East along �ast mentioned land 700.01 feet )08.000 THENCE North 230 00' : 00" West along last mentioned land .115.50 feet THENCE North 200 53' ;50" West along last mentioned land .740.80 feet, THENCE North 24' 01' 50" West along last mentioned land f+96..97 feet I THENCE North 260 57' '20" West along, and now r forme�ly!of,Sayre 3 4.08 feet; THENCE North 43' 08 50 West, along .and now or formerly ,of Sayre' V .15 feet;I 1 , THENCE North 21° 30' 00" West along land now or formerly of Mets Honied, Inc. 172.50 feet to the southerly side ofSound Avenue at the point or place, of i BEGINNING. I I - JULIETTE R. KINSELU1 RECORDED NOV 21 » Clerk of SNffolk C opiky Standard NNArll. Fonn 8007-10M• -Satgain and Sale Deed,with GA;utanntt ;;i:a, t Gtantut'•Arts—tndn;dual or l.ortnwratrwr. . 41;� CONSULT YOUi LAWYER BEFORE 1 ING THIS INSTRUMENT-,THIS INSTRUMENT' OLD BE USED IIY LAWYERS ONLY LIBER 9737 m 24J THIS INDENTURE,made the l l th -day of January , nineteen hundred and eighty-five 13ETWEEI.,, JOSEPH STIEFER and . PATRICIA STIEFER, his wife, both residir at (No #) West Creek Road, Cutchogue, New York 33(� •' fV��IJ9"It 9 ®lSTR1CT SECTIOW BLOCK LOT 00 ® . 1.� 17i. .,1:. . >: party-'of the,first part,and BARBARA- KUJAWSKI, residing at (No #) Sound Avenue, Mattituck, New York , R EA►.. . FEB 2 0 9985 a of TRAf\���' „ party the second part; \ f r.'� _ SUFFOLK WITNESSETH,that-the party of the first part,in consideration of COUNTY TEN '($10 . 00) --------------------------------------------.--- dollars, I lawful money'of the:United'States; 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 certaim'plot, piece or parcel of land:,with"the buildings and improvements thereon erected, situate, lying,and being aim at Mattituck, in' the Town of Southold, , County of Suf State of 'New ,York, being more . particularly bounded and described as follows : oOQ BEGINNING at a. point distant the following two (2) courses and distances from the intersection of the southerly side of .Sound Aven 11 Wand the northeasterl'y-. corner of land now or formerly of Mets Homes, 1 �, 0Q Inc'. ; �g,pL (1) North 77 degrees 34" minutes 38 seconds East along the ,�,� southerly side of Sound. Avenue, 520. 32 feet to land now or formerly of Wirtz; 0� �• (2) South 21 degrees 49, minutes 20 seconds East along last mentioned hand and along land now or formerly of O'Connell, 1, 756 . 8 feet to the. TRUE POINT OF :BEGINNING: - RUNNING THENCE South 21, degrees 49 minutes 20 seconds East alo last mentioned land, 22'8. 0l .feet; THENCE South 21 degrees 4.9 minutes' 40 seconds East 322_31 feet THENCE South 88 degrees 45 minutes• 00 seconds West 557 . 33 feet to lands now or formerly of. Macari; THENCE North 01 degrees 15 minutes 00 seconds East along last mentioned .land 211 . 00 feet; THENCE Nox--lr-�3.. degrees. 00 minutes . 00 seconds West along last mentioned 1an& 115. O' feet;� sro IY2 t�. THENCE North 68 degrees 45 minutes 50 seconds East, 426 . 37 fee 0 to the true point or pl&ce of BEGINNING. �O TOGETHER WITH an easement over a twenty—five foot Right of Way for the purpose of ingress and egress from the above described prem: to and from Sound Avenue, a public highway. . The westerly line of said twentyTfive:; fo bt:,-ri:ght 6k... way.' is described as follows R E C 0 R D E n FEB 20 1984 C1erk� �uiof S i, ` lt,'lli �Gtnrt�• , II l r� h+a �'b•t _.r„.,. .., N ,e l("P�.fX�'"� � N fe rs a +: v' 'r,-.:-75" '•`�. .. .... LIB€' 9731 PAGE 246 . ,• '� BEGINNING at a point on the southerly side of Sound Avenue where it; is intersected by the easterly line of land now or formerl of. Mets Homes Inc. , said point being distant 520. 32 feet, South 77 degrees 34 minutes 38 seconds West from the point where the westerl line of land now or formerly; of Wirtz intersects the southerly'.line of Sound Avenue, aforesaid, and from said point of .beginning runnin thence in a southwesterly direction along the easterly line of land. . . now or formerly of Mets Homes Inc. , aforesaid, of Sayre and Macari, the following courses and distances : (1) ' South 21 degrees 30 minutes 00 seconds. East 17.2. 50 feet; (2) South 43 degrees 08 minutes 50 seconds East 141.15 feet; (3) ' South , 26 degrees 57 minutes 20 seconds East 324 . 08 feet; (4) ° South 24 degrees 01 minutes 50 seconds East 496 . 97 feet; (5) ' South 20 degrees 53 minutes 50 seconds East 714 . 17. feet to the northerly, line of the premises hereinb.efore described. SUBJECT TO 'the rights of others over a twenty-five foot right '( way along the westerly line of the premises hereby conveyed and subject to the rights of others, `,if any, over the traveled dirt roa( located on the westerly portion of the said premises. BEING AND INTENDED TO BE part of the premises conveyed to . the party of ; the first part by deed dated 11/8/84 and recorded in the Suffolk County Clerk's Office on 11/21/84 in Liber 9682 cp 15. 0 R D E n FEB 20 1984 Clerk' of so)': Standard N.Y.B.T.U.Form 8005-B' 12.70.6M—Administrator'; Single Sheet) CONSULT YOUR L YER EEF SI IG THIS INSTKUMENT,THIS INSTRUMENT Si _:a USED BY LAWYERS ONLY. _ �µ &E Tau -T1kiL5�IND made the 10th day of September , nineteen hundred and eighty—four BETWEEN HAZEL D. BELZ,. 7residing at 10 Moonedge Road, Northport, New York 11768 DISTRIft SECTION BLOCK LOT 0 o LLL 21111 12 IT 21 28 as administrator(trix) of the Estate of Walter H. Belz, late of Suffolk County who died intestate on the 20th day of April , nineteen hundred and seventy—si party of the first part, and WALTER GATZ and MARILYN GATZ,. his wife,' both residing at (no number) Sound Avenue, Mattituck, New York 11952, party of the second part, ESSETH, that whereas letters of administration were issued to the party of the first part q\�� by the Surrogate's Court, . Suffolk County, New York on 5/2 4/7 6 and by virtue r of the power and authority given by Article 11 of the Estates, Powers and Trusts Law, and in consideration of A• FORTY—FIVE THOUSAND ONE HUNDRED TWENTY—FIVE and 00/100------------- — ------------------------------- -------------------------------dollars,, paid by the party of the second part, does hereby grant and' release unto the party of the second part, the distributees or successors and assigns of the party of the second DIST. rt forever,* that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, ying and being ia•the at Laurel, Town of- Southold, County of' .Suffolk and Stat 1000 f New York, bounded and described as follows: SAC. EGINNING at a point on the southerly side of a twenty-five foot.Right . ay known as Laurel Way at the northwesterly end of the curve connect 121.00 ng said southerly side of Laurel Way with the westerly side of a ight of Way known as Lake 'Way, said point being distant the followin ourses and distances from the point on the -southerly side of Sound venue where it is intersected by the westerly line of ' land now or BLOC! formerly of Janet Doughty, said point being distant 20 feet easterly from land now or formerly of Joseph Macari, as measured along said 04. 00' southerly side of Sound Avenue, along the easterly and southeasterly line of a 20 foot wide Right of Way and a twenty-five foot Right of _ Way (Laurel Way) : LOT 1) South 21 degrees 30 minutes East, 172.50 feet; 2) South 43 degrees 08 minutes 50 seconds East, 141.15 feet; 26. 000 3) South 26 degrees 57 minutes 20 seconds East, 324.08 feet; 4) South 24 degrees 01 minutes 50 seconds East, 496. 97 feet; 5) South 20 degrees 53 minutes 50 seconds East, 740. 80 feet; 6) South 23 degrees 00 minutes 00 seconds East, 115.50 feet; (Continued on attached rider) TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of decedent's death in said premises, and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individ- ually, or otherwise; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the distributees 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. \ Subject to the trust fund provisions of section thirteen of the Lien Law. The word "party" shall he construed as if it read "parties" whenever the sense of this indenture so requires. IN'%VITNE.S3 NMEREOF, the party of the first part has duly executed this deed the day and year first above written. 7!� IN P wiT OY: REAL EcT•.Tr \/ U �+ SEP 2t 0 1984 (Hazel Betz) ' J ANSFr '. Tk'► it �• SUFFOLK COUNTY C ® R ; uffur►;kr .0 uuEP CIA of t j �- ' keq�e:n'"'s.f" t-•'"'�rr.. ..- .._...�u+.nsan�,".._....n..-.._.-......+.,,..-..._........-_.-_ ..+-.... __—.- ., a PAGE 67 L{8�� RIDER TO DEED FROM HAZEL D. BELZ, as Administratrix of the Estate of Walter H. Belz TO WALTER GATZ and MARILYN GATZ, his wife DATED: September 10, 1984 7) South 01 degrees 15 minutes West, 30.00 feet; 8) South 30 degrees 68 minutes 10 seconds West, 366.22 feet; 9) Along an arc of a circle bearing to the right, having a radius of 141.25 feet, a distance of 77. 96 feet to the true point of beginning; RUNNING THENCE in a southeasterly direction along an arc of a circle ; :., having a radius of 8.54 feet, bearing to the right, a distance .of 17 .57 feet to the westerly line of a Right of Way known as Lake Way; , THENCE along said westerly line South 00 degrees 22 minutes . 40 seconds East, a distance of 267. 33 feet; k.',• rj; � THENCE on a curve to the right having a radius of 36.23 feet, : a dis- tance of 57.67 feet to the northerly .line of another right of way, known as Crescent Way; THENCE along said northerly line and northeasterly line of said ; ?'`• Right of Way the following six (6) courses and distances: I. r{. 1) North 89 degrees 10 minutes 20 seconds West, 125.09 feet; 2) North 64 degrees 41 minutes 20 seconds West, 43.36 feet; 3) North 35 degrees 33 minutes 20 seconds West, 43.85 feet; . 4) North 13 degrees 54 minutes 20 seconds West, 64.11 feet; 5) North 00 degrees 25 minutes 10 seconds East, 97.54 feet; 6) North 04 degrees 58 minutes 20 seconds East, 78 .07 feet; THENCE in a curve to the right having a radius of 9.65 feet, a dis- tance of 22. 42 feet to the southerly line of the Right of Way known as Laurel Way, aforementioned; THENCE in a northeasterly direction along said Right of Way along the arc of a circle a radius of 112.00 feet, bearing to the left, a distance of 149.23 f et to point of tangent; THENCE North 61 degrees 45 minutes 40 seconds East, 76.00 feet to the point of BEGINNING. BEING AND INTENDED TO BE premises conveyed to Walter H. Belz by deed from Barbara Jazombek dated May 10, 1966 and recorded in the Office of the Clerk of the County of Suffolk in Liber 6178 of Con- veyances at Page 66 on July 3, 1967. .� ;` R E C 0 R 0 � � SEP , o �ggq Clerh of Suffolk Cou r � try. erp. ` surveying e JON ,lay 29, 1986 Mr. Roderick Van Tuyl e Front Street At Main e Greenport, N.Y. 11944 r Re: Survey at s Sundown Farms ni Dear Mr. Van Tuy1 : I am in receipt of your letter dated May 15 , 1986 and after another review of our plans I am sorry to - say that I still can not agree with your 'survey for the following reasons . C In April 1984 1 sent Mr. Anthony Abruzzo, L.S . of our office to your firm requesting any information that you may have in the vacinity of the above referenced parcel. At that time we were told that you had no records_ for that area. We therefore did our own research at the County Center and compiled .all the deeds that were available in the area. (a list of same will be at the end of this letter) After compiling said deeds a Traverse Survey was performed locating all existing survey markers in the area. A Traverse was done from Sound Avenue south on Factory Avenue to the L. I.R.R. east along the L. I .R.R. and back north to Sound Avenue. Concrete monuments were located at the north/east, south/east, south/west corners and along the southerly side of the project. We also located a pipe at the cesterly corner of the _Dantes property and the distance of 133. 95 was respected to establish the north/east corner of the said property. On your survey you show a concrete monument at this corner which doesn' t exist. You also make note to the same monument in your survey of May 25, 1950 for Hallock. Is this the same monument? Also on your Survey Amended December 12, 1985 you reference a monument near the westerly line and being 9 .3 ' East, mvsteriously we have a reference to the same monument at 9. 0' East. forty west main street riverhead, n.y. 11901 (516) 369-1717 yMay 29 , 1986 • `Roderick Van Tuyl Page 2T. Znversing from our northwest corner to north/east corner, which was monumented, ;ave a ,distance of 520. 32 feet, which closely agrees with the tax map distance of 518 feet more or less . Running along the westerly line as per courses and distances of said deeds we agree with the monument that was found'- in the' south/west corner of the parcel. Our. chief of survey who performed all. the field work. iz a N.Y. S. Licensed Surveyor and was using the latest state of the arts equipment. Our computor operator (Roger Kaplan) who performed all computations is also a Licensed 'N.Y.S . Land Surveyor. And myself who reviewed the entire project is also a Licensed N.Y. S . Surveyor. All three of us agreed on the final results of our project before it was submitted for filing. You are very welcome to come to our office to review any of our, notes. or records . Below are the deeds used in our determination of the project. L_7359 Pg. 477 L 7360 1.1g. 118-125 incl. L 7962 Pg. 282 L 7123 Pg. 200 Should you have any questions , please feel free to contact me. Very truly yours Raymond W, Donack, Sr. RWD:cw _ CC : Jack Davis ' William Price Joseph Stiefer Barbara Kujawski PN r c SF T 0�. LD S F�2*E . Y Southold, N.Y. 11971 (516) 765-1938 May 29, 1986 Mr. Shepard M. Scheinberg Scheinberg, Schneps, DePetris and DePetris Attorneys at Law P.O. Box 599 Riverhead, NY 11901 Re: Sundown Farms Minor subdivision Barbara Kujawski Dear Mr Scheinberg: The Planning Board is in receipt of your correspondence regarding the above. We have referred this matter to our Town Attorney for his review. Please contact this office if you have any questions. Very truly yours, &y�,ju±+ KQw4bJ-, c� BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary' SCHEINBERG, SCHNEPS, DE PETIUS 8c DE PETHIS �pJa ATTORNEYS AT LAW 220 ROANOKE AVENUE POST OFFICE BOX 599 SHEPARD M. SCHEINBERG RIVFJZIIEAD,NEW YORK MURRAY B.SCHNEPS 11901 ISIDORE SCHEINBERG EMIL F. DE PETRIS - I900-I98S RICHARD E. DE PETRIS (5I6) 727-5I00 JANET GEASA May 23, 1986 Planning Board of the Town of Southold Town Hall, Main Road Southold, New York 11971 Att-. Bennett Orlowski, Jr. , Chairman Re: Sundown Farms Minor Subdivision at Mattituck - Barbara Kujawski Dear Mr. Orlowski: Our firm represents Barbara Kujawski and hereby requests from your Board to make a final determination as to granting to Barbara Kujawski the right to utilize the existing driveway access to her two lots within Sundown Farms. When your Board initially approved the Sundown Farms minor subdivision, the Board relied upon the survey of Raymond Donack which showed that the driveway was within the boundary lines of the subject premises. I am advised that a survey had been prepared by Mr. VanTuyl showing that the driveway encroached upon adjoining property of Sayre and Dantes. It is the position of our firm and that of Barbara Kujawski that your Board has no legal right to deny approval to Barbara Kujawski as to the legal access over the travelled driveway where a guaranteed survey was presented to your Board showing that the driveway is within the boundary lines of the subject property. It is our further opinion that should the Sayres and Dantes have reason to believe that the travelled portion of the driveway is upon their property, they should commence a legal proceeding to clarify the situation and in no way should their position be taken into consideration by your Board. Your Board is an administrative body, and not a court of law. We would hope that your Board would follow the recommendations as set forth herein so that within 30 days from the date hereof, Barbara Kujawski will be granted her 280A approval. Very truly yours, SHEPARD M. SCHEINBERG SMS:ez cc: Ms . Barbara Kujawski William Price, Esq. Co l=of PL/?l�/lUrlU D RODERICK VAN TUYL(L.S.) OTTO W.VAN TUYL COLIN VAN TUYL RODE RICK VAN TUYL, P. C. Proleulonel Engineer(Retired) Licensed Land Surveyors MAY � � 1986 FRONT STREET AT MAIN GREENPORT,NEW YORK 11944 (516)47777-0170 May 15, 1986 Sealand Surveying & Engineering, P.C. 40 West Main. Street Riverhead, NY 11901 Attn: Raymond W. Donack, Sr. Dear Mr. Donacko It has been brought to our attention that a discrepancy exists in the reported boundary-line between land surveyad by your firm for 1/Sundown Farms" and lands surveyed by us for Barbara Sayre and others at Nlattituck. We have been requested to contact you with reference to this matter. The main point of difference appears to be in the road frontage allotted to the "Sundown" tract, where your survey shows some 520 feet compared to 505.53 feet shown on a map prepared by us for the t°original" owner, Mary Hallock, a copy of a portion of said map being enclosed herewith. While it appears that we may be using the same monumented starting point at "Sundowns1° northeast corner, the direc- tion of the line of Sound Avenue is also at variance, making some eight foot differential in a north-south direction at the northwest corner of those premises. Since the "Hallock-Sayre11 line had been physically marked (and re-marked or found) by us on several occasions between 1969 and 1985, we find it hard to understand why your field survey and subsequent 11guaranteed" map did not reflect these markings as a recognized and established delineation of the boundary-line in question. While the courses along said line are in agreement, the points of beginning do not conform, and it is again difficult to comprehend this situation. While the title company has apparently insured the purchaser's ownership of what has been outlined on the "Sundown" map (an in- surance seemingly based mainly on the survey map) , we believe that a more thourough search would have revealed some exceptions to the claim of title to what has been portrayed on the map. One item of interest is the location of the pole line, an easement for such having been granted to LILCO by the Jazombek--Sayre interests many years ago. Far be it from us to suggest to another in oiir field of business �WA' `" M y e�q 77 ,4 Raymond W. Donack, Sr. Page 2 May15, 1986 i i how to perform his comparable work, but it has been good policy among locally established surveying firms to check one anther's records for information relating to properties adjoining a par- ticular parcel of land, or in fact of the same parcel, in order to co-ordinate surveys and in effect be able to produce results that reflect no substantial conflicts. In addition to the "Hallock" map, we are enclosing copies of recent surveys prepared for Dantess and Sayre, showing existing conditions, including traveled road, pole lines, and lot corners. These are submitted for your information in wham we trust may be a re-evaluation of the basis for the Umes shown .on the "Sundown" map, As you no doubt are aware, the Town of Southold is in the process of inspecting the right-of-way -to lots shown on that map for "approved access" , and it is the effect of this inspection that the above circumstances have come to light, with all legal rights and interests of concerned parties intended to be preserved® The Town Inspector, Jack Davis, is holding his review and report in abeyance until the problem has been resolved. Appreciating your own indulgence in this matter, we await your early reply, r Professionally your', �� R J. R �" a Cks R"t g x y, z r c u r y�a u c C : Barbara Ss;v,�a� Jack Davis, Building in~ o"oi, Memorandum to: Mr. Bennett Orlowski, Jr. , Chairman Date: May 14, 1986 Southold Town Planning Board From: John W. Davis Re: Sundown Farms at Mattituck - Location of common north-south property line (Sundown Farms-west side) and the Dantes and Sayre property (East side) Comments: This section of the above property line survey was re-established today by Donack as requested by Mrs. B. Kujawski. The Donack plans dated 9/ 12/84 were used. Today's survey was also witnessed by B. Kujawski, J. Stiefer and Mr. & Mrs. Sayre. Mrs. Sayre has a property survey by Van Tuyl dated 2/26/85 that shows the traveled way all within that property and the 20 ft. R.O.W. . The Donack survey is considerably different as to the location of the common property line in this area. R. Van Tuyl, as requested by B. Kujawski, came -on the site in the P.M. after the Donack survey party had left. He brought a survey map dated 5/25/50 (Map of farm owned by Mary E. Hallock) which covers the same area now known as Sundown Farms. This map shows the north side of the property along Sound Avenue (named North Road previously) at 505.53 L.F. instead of 520.32 ft. as shown by Donack, a difference of almost 15 ft. This lesser length accounts for some of the differences in the property lines (East side) at the Dantes and Sayre property as shown on the Van Tuyl and Donack maps. The correct length of the north side (along Sound Avenue) for Sundown Farms should be determined. The lesser length, 505.53 ft. ) , would affect the total length of Sundown Farms (west side) for location, total acreage, etc. May 15, 1986 R. Van Tuyl gave me a copy of the 1950 Hallock Farm map. Comparision of the two maps (Donack and Van Tuyl) show the difference in bearing and length at the north side, a small difference in bearing and length in the last course (south end) of the east side and a difference in length of 16.94 ft. at the southwest corner at the south end of the property. Donack shows 90.96 ft. , Van Tuyl 74.02 ft. This compares more or less with the difference in length of the two surveys at the north end. All other dimensions and bearings are the same. I reviewed the deeds from the Planning Board files, one for the Sundown Farms and one for Lot No. 3. They both conform to the Donack survey throughout. Note: The length of 520.30 ft. (Donack) for the subdivision length along Sound Avenue has been circled in the subdivision deed. Others may -have found the discrepancy in the two surveys for that distance. I would recommend that nothing be done as to updating the access to Sundown Farms until the status of the common property line has been resolved. John W. Davis �0 "I' kSQ ID . 4 Y Southold, N.Y. 11971 (516) 765-1938 April 28, 1986 Mr. Chris Dantes Sound Avenue Mattituck, NY 11952 Re: Access road "Sundown Farms" Dear Mr. Dantes: In accordance with your request, enclosed herewith is a copy of the minutes of the Planning Board meeting of April 14, 1986 regarding the above mentioned access road. If you have any questions, please don' t hesitate to contact our office. Very truly yours , BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD WN PLANNING BOAJ�D By Diane M. Schultze, 'Secretary enc. ' Page 3 22/84 I An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there have no been no comments from the Department of E nvironmental Conservation in the allotted, it is assumed that that agency has no objections . The Suffolk County Department of Health. Services has no objectionto our designation of lead agency, they are in agreement with our initial determination. The Department has received an application and it is complete . The Health Department maintains final jurisdiction over location of disposal and well systems and the applicant should not under take to construct any water supply or disposal system with- out Health Department Approval. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations . Further information can be obtained by contacting Diane M-. Schuft-ze,; Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 C Vote of the Board: Ayes : Orlowski, MUllen, Latham, Ward Mr. Orlowski: I will declare this hearing closed. Thank you all for coming. 7 : 45 p.m. Public Hearing on the question of approval of the minor subdivision of "Sundown Farms" Joseph and Patricia Steiffer applicants located at. Mattituck, 4 lot s on 27 .52 acres . On a motion made by Mr. Mullen, seconded by Mr. Ward it was RESOLVED that the Southold Town Planning Board dispense with the reading of the metes and bounds for the minor subdivision of Sundown Farms , located at Mattituck, containing 27 acres . Vote of the Board: Ayes : Orlowski, MUllen, Latham, Ward Mr. Orlowski: We have proof of publication in the Suffolk Times , October 1984 signed by Anna Lekas, notorized by Judith Chien and also proof of publication from the Long Island Traveler Watchman signed by Pat Wood and notorized by Barbara Forbes . At this time the covenants and restrictions are not back from Tasker' s office, - but they have been submitted and they are basically what we asked for. At this time I will ask for any objections to this minor subdivision? (hearing none) Is there anybody in favor of this minor subdivision? . Page 4 Lv/22/84 Mr. Bruer: Yes , Mr. Chairman, Rudolph Bruer, on behalf of Mr. and Mrs . Steiffer. I believe everything has been put before the Board already, and said. And, we respectfully request that the Board approve the mapa and sign it as soon as possible. I aks , we ask, on behalf of Mr. Steiffer that it be done as soon as possible because he has a practical problem in thathe wants to build on the property and the weather, although, it is hard to believe today, bad weather could set in and we could have difficulty and a problem come this spring if he does not have a foundation in. Thank you very much. Mr. Orlowski: Okay, is there anybody else who would like to comment in favor? Hearing none is there anybody out there neither pro nor con but may have information pertaining to this minor subdivision that the;-.Board sould know about? Hearing none . I will ask questions of the Board, Mr. Mulien (none) , Mr. Latham (none) , Mr. Ward, (none) . Okay, at this time I will just read Mr. Davis ' report and comments . "The road noted as a 10 ; ' travelled road is somewhate in error. attached is a copy of the road width down to about the last utility pole from Sound Avenue. Thss from report 369 datedd 6/7/84 fron the Board of Appeals . The above . length has been stabilized with sand and gravel for depths of from 2' to 4 The profile is acceptable but there are potholes and depressions throughout. Going south except for the first 250 ft. there is a wooded area on the 'left side and open land on the right side . This section would probably not present problems for emergency equipment. . The remaining length is 8 ft. in width and in a wooded area throughout. It has been stabliized with sand and small gravel . A few test holes indicated depths of 3" . The profile is acceptable but there are a few irregularities . Most of the length is below the adjacent ground level . In some areas the road sides slope up for from 2 ft. to 4 ft. ` with trees near the top of the slopes . The 700 ft. section of the raod is passable as of the present time. Emergency equipment would have to turn around via driveways. If the aligmment of the present road is to be accepted for access even though parts of it are in propoerty owned by others , it should be repaired and updated. I would recommend the following: 1. Fill the potholes and depressions in the first 2000 fet and bring in additional bankrun sand. and gravel to provide a 6" depth. The widthfor the first 250 ft. would have to be 8 ft. due to trees . The remaining 1750 ft. of 2000 could be 10 ft. in width or more. 2 . The last 700 ft. should have the few high areas leveled and additional bankrun brought in to also provide a 6" depth. Widening the present width would involve grading and tree removal. . 3 . Place a compacted 2" top course of 3/4" stone blend on the bankrun for the full length of the road. " Also. I have a letter from a Mrs . Earbara .Sayre. It says "I , Barbara B. Sayre, own some of the adjacent property to the west. Iown some of the right-of-way ) (a dirt farmroad, my driveway) known as Laurel Lake Road which passes over my property. I do : not object to approval of the subdivision, but I want to be understood as to be objection to the use of the right-of-way which passes over my property. This is not easy to write . I would attend the hearing but I am to be in Florida on October 22 , 1984 . My husband, Robert Sayre , is at home if Mr. Steiffer wishes to talk with him. If Mr. STeifer intends to put in his own right-of0way on his property adjacent to my property that is okay with me. Of course, I am just _not granting him premission to use my property as hus right-of-way. Is this clear? Sorry if the words sound so harsh I am not speaking them that way. I wish to be neighborly.ii Psge 5 /22/84 Mr. Orlowski: I don't, the right-qf-way is there and it has been used. I take it is a common right-of-way. J Mr. Bruer: Mr. Steiffer informs me that the entrance way from Main Rd. that she uses is actually on his .property. Mr. Orlowski: ..Okay. Does the Board have any questions at this.. time? David Emilita- Mr. Chairman, I have a question as the covenants and restrictions .- Mr. Orlowski: The C and R's state that lot lb1,. the large lot, will not be subdivided any more than a minor subdivision. Mr. Emilita: They already did a nLnor. Mr. Oriowski: Any further than a minor, than four lots , no more than four lots . That is in the. covenant and restriction that we' have now. Mr. Emilita: We are creating four lots now, this is the minor .on the parcel . Mr. Orlowski: Right. Mr. Emilita: The. next subdivision would be a major. Mr. Orlowski: In our. approval.we could put in, yes . Mr. Emilita: So, - in- other words , there may be further subdivision. Mr. Orlowski: But not parcel 1, parcel 1 only. Two, three and four are covenanted in perpuity as to no - further subdivision. , and we have that and it is at Mr. Tasker's office now. Lot NO.. 1 is no more than four lots and if you want we could make that now. Mr. Bruer: I might state that there is no intention to subdivide , it is something like 13 acres and it is right on Main Road. Mr. Orlowski: Are you going to give , us a covenant to that effect? Mr. Bruer: As to two, three and four, yes . Mr. Orlowski: What about Lot No. 1? Mr. Bruer: I will do that: Mr. Orlowski: On Lot No. 1 too? Mr. Bruer: That it will never be subdivided into more than four lots . That is not a suprise , that was said in the beginning. You are talking about 27 acres . Mr. Orlowski: In that it would have to conform to a major in that the road would have to be fixed up. Mr. Bruer: They are going to service Lot No. 1 with another road anyway. Page 6 (22/84 Mr.. Orlowski: If I was doing that, I would make sure it is 501 . Mr. Joseph Steiffer: It would have to be fifty feet just to service four lots . Mr. Orlowski: Not now, but if it was to come in again, it would come in as a major. So we will put that in there . Anyother questions? Hearing none, I will. declare this hearing closed. Thank you all for coming down. On a motion made by Mr. Latham, seconded by Mr. Ward it was RESOLVED that the Southold Town Planning Boardd--clare itself lead agency with regard to the subdivision of Ronald Strain located at Cutchogue under the State Environmental Quality, Review Act. Vote of the Board: "Ayes : Orlowski, Mullen, Latham, Ward On a motion made by Mr. Ward, seconded by Mr. Latham the following action was taken. NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617 , Section ' yC 617 . 10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The Minor subdivision of Ronald Strain as applied .for by Richard Miraglia, is located at Cutchogue and contains 4 lots on 8.6 acres . The project has been determined not to have a significant effect on the environment for the following reasons : An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence from the Department of Environmental Conservation in the alotted time it is assumed that they have no objections or concerns . The Suffolk County Department of Health Services has no objection to our status of lead agency, they are in . agreement with our initial determination and there is no record of an application to their department. The Health Department maintains jurisdiction over final location of disposal and well systems and the applicant should not undertake to construct any water supply or disposal system without Health Department approval. ff ubr P £yx a T �''kL S UU; I� "L D Ln S F: L Y Southold, N.Y. 11971 (516) 765-1938 April 21, 1986 Mrs. Barbara Kujawski P.O. Box 1113 Mattituck, NY 11952 Re: Sundown Farms Dear Mrs . Kujawski: The Planning Board reviewed the file for the above mentioned subdivision on Friday, April .18, 1986. It was the consensus of the Board to request that the access road for the lots within this subdivision be improved within the 25 ' right-of-way on the westerly side of the premises as shown on the approved subdivision map of October 9 , 1984. Please note, the right-of-way will have to be improved to a 15 ' width in accordance with the recommendations of Inspector John W. Davis. Would you please stake out the right-of-way and advise our office when this has been done so we may notify our Inspector. Thank you. If you have any questions, please don' t hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CH IRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Rudy Bruer, esq. 4RR 10 10,86 r Barbara Kujawski P.O. Box 1113 Mattituck., New York 11952 Apk.il 9, 1986 Mr. Bennett Orlowski., Chairman Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Dear Mr. Orlowski and Board Members: Re: Access Road, Sundown Farms, Sound Ave. , Mattituck. I. recei.ved a copy of Mr. Davis'. rep.ort (April 9, 1986) concern- ing the present condition of the access road, Sundown Farms. I would like to make a few comments. concerning this. rep.ort . _ Mr. Davis ' initial. report , October 22, 1984, asked for a width of 10' ( Report No. 400- #1) , the April 9th Davis report. recom- mends a width of 161 . This change will entail the removal of a great many large .trees and stumps '.(.as. stated in Mr. Davis ' Oct. 22, 1984 Report) . I do not believe it is fair to change the- rules in the middle of the game; not to mention, the expense of having the. road brought to the .original specifications. Furthermore, Mr. Davis wants 2" more of stone blend brought in for the entire length of the road. Walter Gatz was. hired and paid last year to bring the. road up to the specifications put forth by the October 22, 1984 Report and states he did this work last summer and this shortage is normal road disintegration. I would like to add that Mr. Gatz is the owner of Lot No. 4 in this subdivision, and therefore has a vested interest in this . road. I am still without a 280-A approval , and wish this matter to be resolved as soon as possible. Thank you for your prompt attention to this matter. Very .truly yours, Barbara Kujawski A 9 1996 To: Bennett Orlowski, Jr. , Chairman Report No. 495 Southold Town Planning Board From: John W. Davis Date: April 2, 1986 Re: Sundown Farms - Minor Subdivision at Mattituck. Present condition of access road from Sound Avenue to end of'property. Comments: As of present date the road surface has been smoothed by Ray Nine (done a few days ago) . The last 700 ft. of this access was not worked on. The potholes were filled by scraping the road width with a grading box. No additional material was brought in. According to Ray Nine this grading operation was all that he was asked to do. His charge for this work was $ 140.00. The existing road surface prior to any work by the contractor who did the initial work in 1985 was hard packed in most areas and had areas with potholes. I do not know when this initial work was done or how much bankrun material was brought in. However depths as per report by L. M. Tuthill on February 6, 1986 show an average depth of 5.4" of bankrun, an average width of 11 ft.± and an average stone blend depth of 1 .4". Six of the ten test holes show 1" of stone blend. As of 4/2/86 the road is passable. The potholes that have been corrected by the smoothing operation will occur again in wet weather as they are now filled with loose material. I agree with the Tuthill report of February 3, 1986 that widening the road in the last 700 ft. to 16 ft. for the length and location as noted in that report to provide passage for two vehicles. I would not recommend final acceptance of this access road until addit- ional stone blend was brought in to provide a 2" compacted depth throughout. John W. Davis Barbara Kujawski P.O. Box 1113 Sound Avenue Mattituck, New York 11952 734-5451 April 3, 1986 Mr. Bennett Orlowski Chairman Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Re: Minor Subdivision "Sundown Farms" Sound Ave. , Mattituck Dear Mr. Orlowski : With regard to the. access. road, on the above referenced minor subdivision, I have_,.;,; been waiting since December, 1985 for 280 A approval. I have complied with all the specifications you required for the Minor Subdivision, and would appreciate your assistance in issuing the necessary 280 A approval. I believe that. I have been more than patient and cooperative, and look for a timely. resolution of this matter. Sincerely, XX106U Barbara Kujawski BK: cjh PLA NT `0, TO1: SQU, �LD ,(y t S F. y Southold, N.Y. 11971 (516) 765-1938 February 25, 1986 Mr. John W. Davis Sterling Road Cutchogue, NY 11935 Re: Sundown Farms located at Mattituck Dear Mr. Davis: The Planning Board has requested that you make an inspection on the right-of-way within the above mentioned subdivision. Would you also, please, advise us as to what additional work needs to be done on the right-of-way in order to meet the requirements set forth in your report No. 400 dated October 19 , 1984. Enclosed for your review, is a copy of the subdivision map and report No. 400. Please don' t hesitate to contact us if you have any questions . Thank you for your assistance in this matter. Very truly yours, &AA,4� (or(,ou m BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. LAWRENCE M. TUTHILL F�1 PROFESSIONAL ENGINEER 18ks INLET LANE EXT. GREENPORT, N.Y. 77944 GREENPORT 7-7652 February 10,. 1986 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board Main Road Southold, NY 11971 Re: Roads of minor subdivision entitled "Sundown Farms" off Sound Avenue, Mattituck Gentlemen) On February 6, 1986 1 made $ test borings at the above mentioned site, and the findings are noted on the att%shed sketch. The borings were taken in the middle of the road. In the report of Feb 3 noted that apreared a dusting, in that the surface contained a small amount of stone. The borings indicate that there is a high percentage of fines. The high presence of the fines does not delete from the effectiveness of the stone blend. The deterioration of the road appears to be from the use others than from the use by the 4 new lots since only is in the stages of being used. The design specs for this raad are certainly adequate for a 4 lot subdivision, but will not stand up with the amount of traffic without a constant maintenance program. Respectifully submitted, c _ v johL S/elld 2 2 s 3 13 2 b� oh etj �r17 t� P 7 x a r N/ / w ,' �Ii �/ ; 2 s t3 13 2 v ? p D TeTe f//,bz TDDo�P x i3 o,, tlJ W I J T1/ J �J c, P fi f Skc f c 1I ;BO /-//I � , U Ce ko Sound AyenL,c, SuNboL,)/v i:lA 1-11 —_— _ ------— /Xj A T 2lU/Q Public Works Department FEB Town of Southold Peconic Lane Peconic, N.Y. 11958 RAYMOND L.JACOBS Tel.765-3140 Commissioner 734-5211 February 6, 1986 Mr. Bennett Orlowski, Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: . Sundown Farms - Minor subdivision - Roads off Sound Ave. Dear Mr. Orlowski: I have discussed the roads of the above mentioned subdivision with Mr. Jack Davis and Mr. Larry Tuthill. After reviewing Mr. Davis' report no. 400, I am in agreement with his recommendations. Res ectfully, R mond L. Ja s Superintendent of Highways RLJ/plm C —co LAWRENCE M. TUTHILL PROFESSIONAL ENGINEER INLET LANE EXT. FE B RECT GREENPORT, N.Y. 11944 GREENPORT 7-1GS2 February._3, 1986 Mr. Bennett Orlowski, Jr. Chairman Southold Town ?Tanning Board Main Road Southold, NY 11971 Rea Roads of minor subdivision entitled "Sundown Farms" off Sound 'venue, Mattituck Gentlemen: On January 31, 1986, Mr. John Davis and I made an Inspection of the above mentioned project. It appeared that a minimum amount of work had been done on this road. With reference toMr. Davis's report No, 400 dated October 19,1984, the potholes and depressions still remain. There is little evidence that the depth of the bankrun sand and gravel has been added to increase the depth to provide a 6" base. There is evidence of a top coverage of 3/4" stone_ blend, but in the terms of Mr. Davis it is just a dusting. It is noted that the last 700' of this road is rather narrow as it goes through the woods and it recommended that-.a 16' wide road 30' long section be created about 200t 4 Iff frohi the beginning of the 700' so as to be in lot no. 4 to provide passage for two vehicles. Respectfully submitted, Y, P NI rJX BOO, k D r TOWS SOU -H LD S F ® TY Southold, N.Y. 11971 (516) 765-1938 December 30 , 1985 Mr. Lawrence Tuthill Town Engineer 1215 Inlet Lane Greenport, NY 11944 Re: Subdivision "Sundown Farms" (Steifer) access road Dear Mr. Tuthill: Enclosed is a subdivision map for the above mentioned approved subdivision, as well as, a copy of Inspector John W. Davis ' report indicating the necessary improvements. Our office has been informed that the improvements have been made, and a . final inspectionis requested on the work done. We would appreciate an inspection and report at your earliest convenience. Thank you for your assistance in this matter. If you have any questions, please don' t hesitate to contact our office. Very truly yours, J BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. Tov � od pu� n Southold, N.Y. 11971. (516) 765-1938 December 6 , 1984 Mr. Rudolph Bruer Attorney at Law Main Road Southold, NY 11971 Re: Sundown Farms Dear Mr. Bruer: The following action was. taken by the Southold Town Planning Board, December 3 , 1984 . RESOLVED that the Southold 'Town Planning Board override the Suffolk County Planning Commission' s resolution of disapproval withiegard to. the minor subdivisirn of Sundown Farms located at Mattituck. If you have any. questions, please don't hesitate to contact our office. When the Chairman has endorsed the maps , we will. return one to .your office, .one has been signed and returned to the applicant. Very truly yours , ?,J_ BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary NOV 2 0 1984 ATTORNEYS AT LAW MAIN ROAD SOUTHOLD, NEW YORK 11971 65-1222 LEFFERTS P. EDSON November 19, 1984 516) 65-2500 RUDOLPH H. BRUER (516)765-250❑ Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, N.Y. 11971 Re: Sundown Farms Mattituck, N.Y. Dear Mr. Orlowski: I have reviewed the letter addressed to your office from the County of Suffolk Department of Planning, dated November 9, 1984, in which they disapprove the above-referenced subdivision map for the following reasons: 1. The back three (3) lots would be landlocked; 2. There is potential for future subdivision 3. No provision for runoff onto the County Road; 4. No provision for runoff to the pond located on Lot A. It is obvious. from this decision that County Planning. either did not look at this subdivision application with any care whatsoever or, . if they. did, it was done in an unlighted, dark room or hurriedly after a very heavy lunch. It is clearly shown on the subdivision map that the back three lots are not landlocked and that they are served by a right of way which also serves other properties in the area to the south of the premises. As you know, this right of way was discussed extensively by the undersigned and your Board throughout the course of the application procedure. A denial based upon Lot #1 not providing for runoff, due to construction on the property, is ludicrous. Lot #1 contains an area of more than 13 acres. The dwelling to be constructed thereon will be a considerable distance from the County Road and, further, with or without subdivision approval, one house could be built on this property and any sane person would know that there would be no runoff problem. For this to be an objection by County Planning can only be blamed on the then coming full moon, as it makes no sense at all. As to Lot #4, the size of the lot negates any viable reason for providing for runoff to the pond shown on the map and, if nothing else, cannot be con- sidered by a prudent person as being a reason for the denial of the subdivision. t B. Orlowski, Chairman -2- November 19, 1984 Further evidence of the lack of thoughtful. reasoning by County Planning is their second listed reason for disapproval, potential future subdivision. A quick review of this file will show that it was conditioned upon no future subdivision of Lots 2, 3 & 4, and that Lot #1 would only be subdivided in the future on the basis of it being considered a major subdivision,:_.limi.ted to no more than four lots. On behalf of my clients, and on the basis of the above observations, we respectfully request that the Southold Town Planning Board override the disapproval of this subdivision made by the County of Suffolk Department of Planning. Sincerely, l 17 Rudolph H' Bruer RHB/df cc: Mr. and Mrs. Joseph Stiefer William H. Price, Jr., Esq. Nov 141984 ATTORNEYS AT LAW MAIN ROAD SOUTHOLD, NEW YORK 11971 LEFFERTS P. EDSON November 13, 1984 (516)765-1222 RUDOLPH H. BRUER (516)765-2500 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Sundown Farms Dear Mr. Orlowski: In connection with the Planning Board's resolution of 11/5/84, we enclose herewith a certified copy of Declaration of. Covenants and Restrictions filed with the Suffolk County Clerk on November 9, 1984. This filing is in satisfaction of your condition for approval numbered "I". Please advise when the review of this subdivision has been completed by the Suffolk County Planning Commission. Sincerely, R , o h H. ue ` RHB/ f Enc. cc: Mr. and Mrs. Joseph Stiefer COUNTY OF SUFFOLK �fQV 14 1984 PETER F.COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E.KoPPELMAN DIRECTOR OF PLANNING November 9, 1984 Mr. Bennett Orlowski, Jr. , Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 Re: Minor Subdivision - Sundown Farms Southerly side of Sound Avenue approximately 737 feet westerly from the intersection of Sound Avenue and Cox Neck Road, Mattituck, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on November 7, 1984, reviewed the proposed subdivision plat entitled, "Minor Subdivision - Sundown Farms", referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to disapprove said map for the following reasons: 1. The proposed subdivision will result in the creation of three land- locked parcels; that is, parcels that do not have frontage on an existing or proposed public road. The creation of such lots is con- trary to good subdivision layout principles and creates problems as far as access by emergency and service equipment is concerned; this could result in health, safety and welfare problems for the future residents of these lots. Creation of landlocked lots also places the Zoning Board of Appeals in the awkward position of having to grant a building permit for each of these lots under Section 280-a of the Town Law as the future owners of these lots cannot be held responsible for the landlocked nature of the parcels. 2. Each of these lots has the potential to be subdivided thereby placing further dependence on the right-of-way as access. 3. No information was provided to show that development adjacent to the county road would be restricted to prevent stormwater runoff from entering the right-of-way. 4. No information was provided to show that measures would be required to protect the pond at the southerly end of the tract from the adverse impacts of development; i.e. , stormwater runoff, erosion, placement of sanitary disposal facilities. VA VETERANS MEMORIAL HIGHWAY HAUPPAUGE,L.I.,NEW YORK 1 1 78B (51 6)360-51 92 Mr. Bennett Orlowski, Jr. 2 - November 9, 1984 Re: Minor Subdivision - Sundown Farms ------------------------------------------------------------------------------ The Commission also offers the following comments on the map for your use and consideration: The subdivider should be required to revise the layout of the proposed sub- division. . The revised layout should provide a proposed public road for adequate access to each lot. It should also be shown that there is an adequate building envelope on Lot 4 to insure that there will not be any adverse impact upon the pond and that all stormwater runoff will be contained within the tract by ade- quate drainage .structures so that the runoff will not flow into Sound Avenue. Very truly yours, Lee E. Koppelman Director of Planning by C/IC�I"(P/1 L1�IG� Charles G. Lin , Chief Planner Subdivision Review Section File: S-SD-84-19 CGL:jk Encl. : Map cc: A. Barton Cass, Commissioner, SCDPW R. A. Villa, P.E. , SCDHS r- ,$r mE 435 SCHEDULE A ALL that certain plot, piece, or parcel of land, situate, lying, and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue where same is intersected by the northeasterly corner of land now or formerly of Mets Homes, Inc. ; THENCE North 77 degrees 34 minutes 38 seconds East along the southerly side of Sound Avenue 520.32 feet to land now or formerly of Wirtz; THENCE South 21 degrees 49 minutes 20 seconds East along last mentioned land and along land now or formerly of O'Connell, 1,984.85 feet; THENCE South 21 degrees 49 minutes 40 seconds East along last mentioned land 603.59 feet; THENCE still along land now or formerly of O'Connell the following five (5) courses and distances: 1) North 89 degrees 41 minutes 00 seconds West 110.86 feet; 2) South 86 degrees 56 minutes 00 seconds West 230.31 feet; 3) South 48 degrees 15 minutes 50 seconds West 190.75 feet; 4) South 81 degrees 23 minutes 10 seconds West 126.72 feet; 5) South 48 degrees 52 minutes 50 seconds West 90.96 feet to land now or formerly of Macari; THENCE North 01 degrees 15 minutes 00 seconds East along last mentioned land 700.001 feet; THENCE North 23 degrees 00 minutes 00 seconds West along last mentioned land 115.50 feet; THENCE North 20 degrees 53 minutes 50 seconds West along last mentioned land 740.80 feet; THENCE North 24 degrees 01 minutes 50 seconds West along last mentioned land 496.97 feet; THENCE North 26 degrees 57 minutes 20 seconds West along land now or formerly of Sayre 324.08 feet; THENCE North 43 degrees 08 minutes 50 seconds West along land now or formerly of Sayre 141.15 feet; THENCE North 21 degrees 30 minutes 00 seconds West along land now or formerly of Mets Homes, Inc. 172.50 feet to the southerly side of Sound Avenue at the point or place of BEGINNING. ATTORNEYS AT LAW MAIN ROAD SOUTHOLD, NEW YORK 11971 (S16 765-1222 LEFFERTS P. EDSON October 26, 1984 516) 65-2500 (516)765-2500 RUDOLPH H. BRUER Robert W. Tasker, Esq. 425 Main Street Greenport, New York 11944 Re: Minor Subdivision Sundown Farms Mattituck, N.Y. Dear Bob: At the recommendation of the Chairman of the Southold Town Planning Board, and in the essence of time, we forward herewith a copy of revised Declaration of Covenants and Restrictions in the above matter for your review. Pursuant to your recommendation, we have made the addition of covenant #2. In accordance with your recent conversation with William H. Price, Jr., we have identified Joseph Steifer and Particia Steifer' as the owners of the subject property, as they will be taking title to same on November 8, 1984. We respectfully request that you advise the Planning Board on this matter as soon as possible, and prior to their November 5, 1984 meeting. Thank you for your consideration in this matter. Sincerely, Rudolph H. Bruer RHB/df Enc. cc: Joseph Steifer Bennett Orlowski, Jr. � William H. Price, Jr., Esq. DECLARATION OF ' COVENANTS AND RESTRICTIONS DECLARATION made this day of 198 by JOSEPH STEIFER and PATRICIA STEIFER, residing at (No number) Leonard Street , Wading River , New York 11792, hereinafter referred to as "Declarants". W I T N E S S E T H WHEREAS, the Declarants are the owners in fee simple of a tract of land at Mattituck, Town of Southold, Suffolk County, New York, shown on a certain subdivision map entitled "Preliminary Plan of Proposed Minor Subdivision, Sundown Farms, a.t Mattituck, Town of Southold , Suffolk Co . , N.Y." , a metes and bounds description of which is shown on Schedule "A" as attached hereto and made a part hereof, and referred to herein as the "premises", and WHEREAS, the Declarants have made application to the Planning Board of the Town of Southold for approval to subdivide : the said real property into four parcels, and WHEREAS, for and in consideration of the granting of said approval , the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold and the owners and prospective owners of said parcels that the within covenants and restrictions be imposed on said parcels , and as a 'condition of said approval said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's .Office, and WHEREAS, the Declarants have considered the foregoing and `determined that the same will be .for the best interests of the Declarant and subsequent owners of said parcels, NOW, THEREFORE,THIS DECLARATION WITNESSETH: That the Declarants , for the purposes of carrying out the intentions above expressed, does hereby make known, admit , publish , covenant and agree that the said premises herein ! i described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit 1. That there shall be no further subdivision of the lots shown as numbers 2 , 3 & 4 on said subdivision plan , in perpetuity. 2. That any further subdivision of lot numbered 1 on said subdivision plan will be considered a major subdivision and shall not exceed four (4) lots . 3. That , except a.s.,set forth in paragraphs numbered 1 and 2 above , Declarants reserve the right to impose additional covenants and restrictions , and further . reserve the right to modify, change and/or annul any such additional covenants and restrictions that may be imposed from time to time in the future. IN WITNESS WHEREOF the Declarants have duly executed this Declaration on the day and. year first above written. Joseph Steifer Patricia Steifer STATE OF NEW YORK ) SS. . COUNTY OF SUFFOLK ) On the day of , 198 , before me personally came Joseph Steifer and Patricia Steifer, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. (Notary Public) 2 SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold , County of Suffolk and State of New' York, bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue, said point being approximately 737 feet west of the intersection of Cox Neck Road and Sound Avenue ; and from said point of beginning , RUNNING along lands now or formerly of Wirtz and lands now or formerly of O'Connell , South 21 degrees 49 minutes 20 seconds East, 1984.85 feet; THENCE along said lands now or formerly of O'Connell , South 21 degrees 49 minutes 40 seconds East , 603. 59 feet; THENCE along lands now or formerly of O'Connell the following five (5) courses and distances: (1) North 89 degrees 41 minutes 00 seconds West , 110.86 feet; (2) South 86 degrees 56 minutes 00 seconds West , 230. 31 feet; (3) South 48 degrees 15 minutes 50 seconds West , 190.75 feet; (4) South 81 degrees 23 minutes 10 seconds West , 126. 72 feet; (5) South 48 degrees 52 minutes 50 seconds West , 90. 96 feet; RUNNING THENCE North 01 degrees 15 minutes 00 seconds East , 700. 01 feet ; RUNNING THENCE . North 23 degrees 00 minutes 00 seconds West , 115. 50 feet; RUNNING THENCE North 20 degrees 53 minutes . 50 seconds West , .740.80 feet; RUNNING THENCE North 24 degrees 01 minutes 50 seconds West , 496. 97 feet; RUNNING THENCE North 26 degrees 57 minutes 20 seconds West , 324. 08 feet; RUNNING THENCE North 43 degrees 08 minutes 50 seconds West , 141 .15 feet; RUNNING THENCE North 21 degrees 30 minutes 00 seconds West , 172. 50 feet to the southerly line of Sound Avenue; RUNNING THENCE along said southerly line of Sound Avenue , North 77 degrees 34 minutes 38 seconds East, 520.32 feet to the point or place of BEGINNING. SUFFOLK COUNTY TAX MAP DESIGNATION: DI.ST. 1000, SEC. 121 . 00, BLK. 04 . 00, LOT 008 . 000 1 OCT 2 5 198�0 OFFI (F c ®WN .TTORNEY ROBERT W.TAS KER D Q° 4 5 jJ v FI ` ,0 TELEPHONE Town Attorney �`� � (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 October 24, 1984 Mr. Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Main Road Southold, New York .11971 Re: Sundown Farms Dear Benny: By letter received today, . you have asked my review of the proposed declaration of covenants and restrictions relative to the above. have the following comments: 1. On October 8, 1984, the Planning Board approved the sketch map and, among other things, required . amended covenants and restrictions' to provide that Lot No. 1 will only be subdivided into four lots in the future. 2. On Page 2, paragraph 1.. of the declaration provides "That there shall be no further subdivision of lots shown .as numbers- 2,. 3 8 .4 on said subdivision plan, in perpetuity, except that declarants may divide lot #1 as a minor subdivision. It would appear that the decision with respect to Lot 1 does not conform to the Planning Board resolution. 3. The first "WHEREAS" clause of the declaration states that the declarants are "contract vendees". If this is true, it is apparent that the declarants are not the owners of the premises as of this date. Therefore, I would recommend. that 'the declaration be executed by the contract vendor and .the contract vendee. Yours very truly, ROBERT W. TASKER RWT:aa 1 y� �✓�O r �_ u51.r� I�0`a CLW O-n -TO-14CA-Q� SCA"Lr " � Wc to�'� 0-0ur4 d��1te A _ LEGAL NOTICE Notice of Hearing I NOTICE IS HEREBY GIVEN that pursuant to Section 276 of I the Town Law, public hearings will be held by the Southold g x, Town Planning Board at the Town Hall ,Main Road, Southold, New r r YOrk in said town on the 22nd day of October, 1984 , on the questionof the following: 7 : 45 p.m. Approval of the minor subidivision of Joseph and Patricia Steifer, subdivision to be known as "Sundown Farms" located at Mattituck, Town of Southo3id;' County of Suffolk, and State of New York and bounded and described as follows : BEGINNING at a point on the southerly side of Sound Avenue said point being approximately 737 feet west of the intersection of Cox Neck road and Sound Avenue ; and from said point of beginning, RUNNING along lands now or fermerly of Wirtz and lands now or formerly of O 'Connell , S . 210 49 ' 20" E. 1984 .85 feet; THENCE F along said lands now or formerly of ,0 'Connell , S . 210 49 ' 40" E . , 603 .59 feet. THENCE along said lands now or formerly of O'Connel_1 the following five courses and distances : ( 1)N. 89041 ' 00" W. 110 .86 feet, (2) S . 86056 ' 00" W. 230.31 feet; (3) S . 48015 ' 50" W. 190 .75 feet; (4) S . 81023 ' 10" W. 126 .72 feet; (5) S . 48052150" W. 90 . 96 feet; RUNNING THENCE N. 010 15 ' 00" E. 700 . 01 feet; RUNNING THENCE N. 23000 ' 00" W. 115 .50 feet; RUNNING THENCE N. 20053 ' 50" W. 740 .80 feet; RUNNING THENCE N. 24001 ' 50" W. 496 . 97 feet; RUNNING THENCE N . 26057 ' 20"W. 324 . 08 feet; RUNNING THENCE N. 43008 , 50" West, 141 . 15 feet; RUNNING THENCE N. 21030 ' 00" W. , 172 .50 feet to the southerly line of Sound Avenue ; RUNNING THENCE along said southerly line of Sound Avenue , North 77034 ' 38" E. , 520 .32 feet to the point or place of BEGINNING. Containing 27 .5285 acres . Any person desiring to be heard on the above matter should appear at the time and place above specified. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR. , CHAIRMAN _ 6 P. PLEASE PUBLISH ONCE, Jctober 11 , 1984 AND FORW____ ONE AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MIAN ROAD SOUTHOLD, NEW YORK, 11971 Copies -mailed to the following October 9 , 1984 : Long Island Traveler-Watchman Suffolk Times Rudolph Bruer, Attorney for Applicant Supervisor Murphy . P ANI B D Southold, N.Y. 11971 (516) 765-1938 October 9 , 1984 Mr. Rudolph Bruer Attorney at Law Main Road Southold, NY 11971 Re: Joseph and Patricia Steiffer minor subdivision Dear Mr. Bruer: The following action was taken by the Southold Town Planning Board, Monday, October 8 , 1984 . RESOLVED that the Southold Town Planning Board approve the sketch map of "Sundown Farms" located at Mattituck for 4 lots on 27 .5 acres , plan dated May 4 , 1984 subject to receipt of six (6) surveys indicating the right-of-way extended throught lot No. 4 and amended covenants and restrictions stating that Lot No. 1 will only be subdivided into four (4) lots in the future. RESOLVED that the Southold Town Planning Board set Monday, October 22 , 1984 at 7 :45 p.m. at the .Southold Town Hall, Main Road, Southold as the time and place for a public hearing on the question of approval of the minor subdivision of Joseph and. Patricia. Steiffer known as "Sundown Farms Bnclosed is a copy of the legal notice to be published in the papers . If you have any questions , please don't hesitate to contact our office . Very truly yours , BENNETT ORLOWSKI, JR. ,C HAIRMAN S UTHOLD TOWN. PLANNING BOARD by Diane M. �hul�lS'ecrreta y enc. DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of , 198 , by JOSEPH STEIFER and PATRICIA STEIFER , residing at . R.R. #1 , (No number) Leonard Street, Wading River, New York 11792, hereinafter referred to as the "Declarants". W I T N E S S E T H WHEREAS, the Declarants are the contract vendees of a tract of land at Mattituck, Town of Southold, Suffolk County, New York,' . shown on a certain subdivision map entitled "Preliminary Plan of- Proposed Minor Subdivision, Sundown Farms, at Mattituck, Town of , Southold, Suffolk Co., N.Y.", a metes and bounds description of:' which is shown on Schedule "A" as attached hereto and made a part: hereof, and referred to herein as the "premises", and WHEREAS, the Declarants have made application to th-e Planning Board of the Town of Southold for approval to subdivide the said real property into four parcels, and WHEREAS, for and in consideration of the granting of said. approval , the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold and the owners and prospective owners of said parcels that the within covenants and restrictions be imposed on said parcels, and as a condition of said approval said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and. determined that the same will be for the best interests of the Declarant and subsequent owners of said parcels, NOW, THEREFORE,THIS DECLARATION WITNESSETH: That the Declarant , for the purposes of carrying out the intentions above expressed, does hereby make known, admit; . : publish, covenant and agree that the . said —premises herein'. described shall hereafter be subject to the following covenants , 1 which shall run with the land and shall be binding upon all- purchasers and holders of said premises, their heirs, executors, legal represenetatives, distributees, successors and assigns, to:_ wit: 1. That there shall be no further subdivision of the lots shown as numbers 2 , 3 & 4 on said subdivision plan , in except that declarants may divide lot A as a minor subdivision. perpetuity. 2. That, except as set forth in paragraph numbered 1 above, Declarants reserve the right to impose additional covenants and restrictions , and further reserve the right to modify, . change_ and/or annul any such additional covenants and restrictions that may be imposed from time to time in the future . IN WITNESS WHEREOF the Declarants have duly executed this Declaration on the day and year first above written. Joseph Steifer Patricia Steifer STATE OF NEW YORK ) SS . : COUNTY OF SUFFOLK ) On the day of , 198 , before me personally came Joseph Steifer and Patricia Steifer , to me known to be thee. individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. (Notary Public) 2 SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue, said point being approximately 737 feet west of the intersection of Cox Neck Road and Sound Avenue ; and from said point of beginning , RUNNING , along lands now or formerly of Wirtz and lands now or formerly of O'Connell , South 21 degrees 49 minutes 20 seconds East, 1984.85 feet; THENCE along said lands now or formerly of O'Connell , South 21 degrees 49 minutes 40 seconds East , 603. 59 feet; THENCE along lands now or formerly of O'Connell the following five (5) courses and distances : (1) North 89 degrees 41 minutes 00 seconds West , 110.86 feet ; (2) South 86 degrees 56 minutes 00 seconds West, 230. 31 feet; (3) South 48 degrees 15 minutes 50 seconds West , 190 .75 feet ; (4) South 81 degrees 23 minutes 10 seconds West , 126. 72 feet; (5) South 48 degrees 52 minutes 50 seconds West , 90 . 96 feet ; RUNNING THENCE North 01 degrees 15 minutes 00 seconds East, 700. 01 feet; RUNNING THENCE North 23 degrees 00 minutes 00 seconds West-, 115. 50 feet; RUNNING THENCE North 20 degrees 53 minutes 50 seconds West , 740.80 feet; RUNNING THENCE North 24 degrees 01 minutes 50 seconds West , 496. 97 feet; RUNNING THENCE North 26 degrees 57 minutes 20 seconds West , 324. 08 feet; RUNNING THENCE North 43 degrees 08 minutes 50 seconds West, 141 .15 feet; RUNNING THENCE North 21 degrees 30 minutes 00 seconds West, 172. 50 feet to the southerly line of Sound Avenue; RUNNING THENCE along said southerly line of Sound Avenue , North 77 degrees 34 minutes 38 seconds East, 520.32 feet to the point or place of BEGINNING. SUFFOLK COUNTY TAX MAP DESIGNATION: DIST. 1000, SEC. 121 . 00, BLK. 04 . 00 , LOT 008 . 000 1 ' v' 1 , SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold , County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue, said point being approximately 737 feet west of the intersection of Cox. Neck Road and Sound Avenue ; and from said point of beginning , RUNNING along lands now or formerly of Wirtz and lands now or formerly of O'Connell , South 21 degrees 49 minutes 20 seconds East, 1984.85 feet; THENCE along said lands now or formerly of O'Connell , South 21 degrees 49 minutes 40 seconds East, 603. 59 feet; THENCE along lands now or formerly of O'Connell the following five (5) courses and distances : (1) North 89 degrees 41 minutes 00 seconds West , 110.86 feet ; (2) South 86 degrees 56 minutes 00 seconds West , 230. 31 feet; (3) South 48 degrees 15 minutes 50 seconds West , 190 .75 feet; (4) South 81 degrees 23 minutes 10 seconds West , 126. 72 feet; (5) South 48 degrees 52 minutes 50 seconds West , 90. 96 feet ; RUNNING THENCE North 01 degrees 15 . minutes 00 seconds East, 700. 01 feet ; RUNNING THENCE North 23 degrees 00 minutes 00 seconds West , 115. 50 feet; RUNNING THENCE North 20 degrees 53 minutes 50 seconds West, 740. 80 feet; RUNNING THENCE North 24 degrees 01 minutes 50 seconds West , 496. 97 feet; RUNNING THENCE North 26 degrees 57 minutes 20 seconds West, 324. 08 feet; RUNNING THENCE North 43 degrees 08 minutes 50 seconds West ,' 141 .15 feet; RUNNING THENCE North 21 degrees 30 minutes 00 seconds West , 172. 50 feet to the southerly line of Sound Avenue; RUNNING THENCE along said southerly line of Sound Avenue , North 77 degrees 34 minutes 38 seconds East , 520.32 feet to the point or place of BEGINNING. SUFFOLK COUNTY TAX MAP DESIGNATION: DIST. 1000, SEC. 121 . 00, BLK. 04 . 00 , LOT 008 . 000 1 CT 2 21984 TO: Bennett Orlowski, Jr.., Chairman REPORT NO. 400 Southold Town Planning Board FROM: John W. Davis DATE: October 19, 1984 RE: SUNDOWN FARMS - MINOR SUBDIVISION AT PIATTITUCK - LATEST DATE ON MAP 10/9/84 CONDITION OF EXISTING ROAD FROM SOUND AVE. TO END OF PROPERTY COMMIE 1 TS: The road (noted as a 10 ft. traveled road) is somewhat in error. Attached is a copy of the road widths down to about the last utility pole (2018t ft.) from Sound Avenue. This from Report 369 dated 6/7/84 for the Board of Appeals. The above length has been stabilized with sand and gravel for depths of from 21, to 411. The profile is acceptable but there are potholes and depressions throughout. Going south except for the first 250 ft.'!' there is a wooded area on the left side and open land on the right side. This section would probably not present problems-for emergency equipment. The remaining length (700 ft.t ) is 8 ft.t in width and in a wooded area throughout. It has been stabilized with sand and small gravel. A few test holes indicated depths of 3" . The profile is acceptable but there are a few irregularities. Most of this length is below the adjacent ground level. In some areas the road sides slope up for from 2 ft. to 4 ft. with trees near the top of the slopes. The 700 ft. section of the road is passable as of the present time. Emergency equipment would have to turn around via driveways. If the alignment of the present road is to be accepted for access even though parts of it are in property owned by others, it should be repaired and updated. I would recommend the following: 1. Fill the potholes and depressions in the first 2000 ft.'E' and bring in additional bankrun sand and gravel to provide a 6" depth. The width for the first 250 ft. would have to be 8 ft.: due to trees. The remaining 1750 ft.t of 2000 could be 10 ft. in width or more. 2. The last 700 f t.t should have the few high areas leveled and additional bankrun brought in to also provide a 611 depth. Widening the present width would involve grading and tree removal. 3. Place a compacted 2" top course of 3/4" stone blend on the bankrun for the full length of the road. JOHN W. DAMS �o� 0q S 3. FOL Southold, N.Y. 11971 (516) 765-1938 October 19 , 1984 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, NY 11944 Re: "SUNDOWN FARMS" located at Mattituc.k Dear Mr. Tasker: Enclosed is a copy of covenants and restrictions received in connection with the above referenced application. Also enclosed is a copy of the correspondence from the Planning Board requesting covenants and restrictions on lot NO. 1 . The minutes of the previous Planning Board meeting have not been transcribed to date, however it was as that meeting that the Board requested covenants and restrictions on lots No. 2 ,3 , and. 4 as to no further subdivision in perpuity. Would you please review the document and let our Board know if they are in order. Thank you for your assistance in this matter. Very truly yours , BENNETT ORLOWSKI, JR. , CHAIRMAN ,�QUTHOLD TOWN PLANNING OARD f-.-LIP--n�� "�Y r By Diane M. Schultze, '.S cr tary enc. 400 MANNING ING MOARD TOWN OF SOU HOLD r'.v t_ SUFFOLKz..COUNTY Southold, N.Y. 11971 TELEPHONE Richard ;card 765-1938 JAMES WALL October 15 , 1984 BENNETT ORLOWSKI. Jr., Chairman GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: Pursuant to Section 1333 , Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: Nk (Map of) (Minor Subdivision) "Sundown Farm" }ea ��� atricia Steifer' Hamlet Mattituck Tax Parcel Identifier No. inner 121 . 4 8 Material Submitted: Minor Subdivision - Class A(3 copies) X Class B (2 copies) Major Subdivision (3- Copies) Preliminary Map (1 copy) Topographic Map (1 copy) ; Darinage Plan (1 copy) ; Street Profiles (l .copy) ; Grading Plan (1 copy) Planning Board Res . (1 copy) ; Other material (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet X Comments. Very truly yours, o4zilk } WAIVER OF SUBDIVISION REQUIREMENTS (Map of) (Minor Subdivision-) "Sundown Farms" applicants-Patricia and Joseph Steffer Hamlet or Village Mattituck TownSouthold. The following items normally required as part of the subdivision applica- tion have been waived. Check, as required. Preliminary ;lap X Topographic Map X Drainage Plan X Street Profiles X Grading Plan X Landscape Plan X Other (describe) Reason: 1) Minor Subdivision a) Not required by subdivision regulations b) .Subdivision of lot on an existing improved filed map c) Other (describe) f 2) Major Subdivision a) No new drainage structures and no changes in existing drainage proposed —X b) No new roads and no changes in existing roads proposed X c) No major site clearing and grading proposed X d) Other (describe) Cc: &JOsn x PtUj-�, ,2-llq , OCT 19198 t . --------a - -- �-- •�-yam ---`'•��9-��t�zi/w._..-------- r ------��d��-fit - --- - - - �-e--- �'. ---- -- -- ------ pot awvL-. -6�09 elo —a - - - _ -_ 2t, J1. _ _ --- AIZI Po LEGAL NOTICE Notice of Hearing 'NOTICE IS HEREBY.GIVEN ®� P that pursuant to Section 276 of 12 1984 the Town'Law, public'hearings will be held, by the Southold STATE OF NEW YORK ) Town Planning Board at the Town Hall,Main Road,Southold,' ) SS' New York, in said town on the COUNTY OF SUFFOLK ) 22nd day of October,1984,on the f question,of the following: e 7:45, p.m. Approva� of the n minor"subdivision of Joseph and hTNA LEKKAS Of Greenport, In Patricia Steifer,subdivision tobe said County, being duly sworn,says that he/she is/ known as"Sundown.Farms"lo- cated at Mattituck, Town of Principal Clerk of THE SUFFOLK TIMES,a Weekly Southold,County of Suffolk;and Newspaper, published at Greenport, in the Town i State of New York,and,bounded" and described as follows; of Southold, County of Suffolk and State of New BEGINNING at a point on the York, and that the Notice of which the annexed is southerly side of Sound Avenue _ said point being"approximately a printed Copy, has been regularly published in 737 feet west of the intersection said Newspaper once each week for ONE of Cox Neck Road and Sound Av- enue;and from said`point of be- weeks successively, commencing on the_11 ginning,RUNNING along lands. day of OCTOBER 19 $4 now "or formerly of Wirtz and lands now or formerly I'of O'Con nell; S. 21 degress 49' 20" E. 1I 1984:85. feet; THENCE along said lands now or formerly of O'Connell, S. 2"1 degrees`49'40" E., 603.59 feet. THENCE along Principal Clerk said lands now of formerly of" O'Connell the following .five 11 courses Iand distances; (1)N. 89 Sworn to before me this degrees 41'00"W.110.86 feet,(2) day of OCTOBER 19$4 S..86 degrees 56'00"W. 230.31 EN feet;(3)S.48 degrees 15'50"W. NOTARY PUBLIC,6 IC,State DITH A. lof New York 190.75 feet;:,(4) .S:"81 degrees No.4796131,.Suffolk County 23'10" W. 126.72 feet; (5) S..48 Term t xOVB5`March 30 19 degrees 52'50" W. -90.96 feet; (q,ou rt, RUNNING THENCE N. 01 de- grees 15'00"E.700.01 feet;RUN- NING THENCE.N. 23 degrees 00'00" W. 115.50"feet; RUN-- NING THENCE N. 20 degrees 53'50" W. 740.80 feet;- RUN-' NING"THENCE N. 24 degrees 01'50".W. 496.97 feet; RUN- -NING THENCE N. 26 degrees ' 57'20" W. 324.08 feet; RUN- NING"THENCE.N. 43 degrees 08'50"'West, 141.15 feet; RUN- NING WHENCE N:"21 degrees 30'00 W.,, 172.50 feet to the southerly line:of Sound Avenue; RUNNING THENCE along said southerly line of-Sound,Avenue,, North 77 degrees 34'38" E:, ' 520.32 feet to the point or place of BEGINNING..- Containing 27.6285 acres. Any person desiring','to'be heard on the above matter should appear at the time and,place. above specified. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI,JR. PRESIDENT 1TO11-4682 LEGAL NOTICE Notice of Hearing.:• NOTICE IS HEREBY GIV EN-that pursuant to Section COUNTY OF SUFFOLK �. OCT ��11 276 of the Town Law, public• STATE OF NEW YORK f hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold,. New York in p `' said town on the 22nd day of Patricia Wood, being duly sworn, says that she is the A October, i the question of the followlowing:g: 1 Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, , r 7:45 p.m. Approval of the a public newspaper printed at Southold, in,Suffolk County; minor subdivision of Josepk and that the notice of which the annexed is a printed copy, and Patricia Steifer, .subdivi- sion to be known as "Sundown has been published in said Long Island Traveler-Watch- Farms" located at Mattituck, man once each week for .............weeks Town of Southold, County of Suffolk,and State.of New York and bounded and described as successively, commencing on the .................................... follows: C JcGa� / BEGINNING at a point on da ••••••• •• ••••••••••. 19. the southerly side of Sound •••...A. 1 • ' ,a Avenuesaid point being ap- ....:........ ............ ...................• '.. . .. .. proximately 737 feet west of the intersection of Cox Neck . Road and Sound Avenue; and from said point of beginning, - RUNNING along lands now or' formerly of Wirtz, and •lands Sworn to before me this ................................/ day of now or formerly of O'Connell, S.21°49'20"'E.•1984.85 feet; 04:_1_ �- TI4ENCE along said lands now •••••••••••••••••••••••••••••••••••••••••• 19... or formerly of O'Connell,, S. 210 49' 40" E:, 603.59 feet. THENCE along said lands•now or formerly of O'Connell the following five courses and'dis- tances: (1) N. .••...•. ••••••. .•. ......................... .... ............................ 89°'41' 00" W.110.86 feet, (2) S. 860 56' 00" Notary Public W. 230.31 feet; (3) S. 480'15' BARBARA FORBES 50"W. 190.75 feet; (4) S. 810 Notary Public State of New York 23' 10" W: 126.72 feet;'(S)S: No. 4SN846 480 52' 50" W. •90.96 feet; Qualified in Suffolk County RUNNING THENCE N. Ol° Commission Expires March 30, 19 eell 15' 00" E. 700.01 feet;'RUN-. NING THENCE N.230 00'00" W. 115.50 feet; RUNNING I THENCE-N:200-53' 50" W. 740.80 feet; RUNNING THENCE N. 240 01' 50" W. 496.97• feet;- - - -RUNN'ING THENCE ;N: 26°:ST. 20" W. 324.08 feet;, RUNNING .� THENCE- N. 434';`08' 50" West, 141.15 feet; RUNNING 'THENCE N. 210'30' 00" W., 172.50 feet to the southerly line of Sound Avenue; RUN- NING THENCE 'along' said southerly line of Sound- Av- enue, North 77' 34' 38" E., 526.32 feet to the point or place of -BEGINNING. ,Con- taining 27.5285 acres. _ Any person desiring to`be heard on the above matter , should appear'at the time and place above specified. BY ORDER OF THE SOUTHOLD TOWN PLANNING.BOARD BENNETT ORLOWSKI,'JR., f N I TAT N O C T 5 1984 ATTORNEYS AT LAW MAIN ROAD SOUTHOLD, NEW YORK 11971 65-1222 LEFFERTS P. EDSON October 5, 1984 SI6) 65-2500 RUDOLPH H. BRUER (516)765-25D❑ Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Main Road Southold,, New York 11971 Re: Sundown Farms Mattituck, New York Dear Mr. Orlowski: In connection with the above application before the Board, we enclose herewith the following: 1. Our check in payment of the filing fee, in the sum of $100.00 2. Six copies of the subdivision sketch plan 3. One copy of the subdivision plan with the Suffolk County Health Department's approval affixed thereto 4. One copy of proposed Covenants and Restrictions 5. One copy of metes and bounds description of the premi.seso (Sched. A) 6. Copy of proposed deed (Sched. D) I understand that the inclusion of the above items will complete our application. Thank you for your assistance with this matter. Sincerely, Rudolph H. Bruer RHB/df Encs. SCHEDULE D Standard N.Y.B.T.U. Form 8002-20M —Bargain and Sale Deed.with Covenants against Grantor's Acts—Individual or Corpuratiun. (single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of nineteen hundred and BETWEEN OCT (Grantors name and address) 04 party of the first part,and (Grantees name and address) party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingiirthe at Mattituck, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: District: (Metes and bounds description) 1000 Section: 121.00 Subject to Covenants and Restrictions of record. Block: 04.00 Lot: TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way 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 has duly executed this deed the day and year first above written. IN PRESENCE OF: (Signature of Grantor) STATE OF NEW YORC COUNTY OF SS: 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 nie 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 SS: 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. "lttrgain anb J*air Web WITH COVENANT AGAINST GRANTOR'S ACTS SECTION TITLE NO. BLOCK LOT COUNTY OR TOWN TO Recorded at Request of CHICAGO TITLE INSURANCE COMPANY STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Return by Mail to Distributed by C)ERIC.kG® FrIVIAE I1WOUItANCM C01021PANY Zip No. W U LL LL 0 Z_ c De 0 U W OC LL 0 W N OC 0 LL W U Q d N N H W OL W H W P INyjGµ� O� D T0-T , 0 sou H D SLTFEQ d Southold, N.Y. 11971 (516) 765-1938 September 25 , 1984 Mr. Rudolph Bruer Attorney at Law Main Road Southold, NY 11971 Dear Mr. Bruer: At a regular meeting...of the. Southold Town Planning Board on Sept. 25 , 1984 the following action was taken. RESOLVED that the Southold Town Planning Board declare itself lead agency with regard to the subdivision of "Sundown Farms" located at Mattituck .. An initial Determination of nonsignificance has been made . If you have any questions, please don't hesitate to contact our office . Very truly yours , BENNETT ORLOWSKI, JR. , SOUTHQLD TOWN PLANNING BOARD By Diane M. Schultze, 'Secretary k iy 4. P D z T D S Y Southold, N.Y. 11971 (516) 765-1939 2� NEGATIVE DECLARATION J September 25 , 1984 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section - 617 . 10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Sundown Farms is a 4 lot subdivision on 27 .5 .acres at Mattituck. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to. occur should the project be implemented as planned. Because there has been no correspondence from the DEC in the allotted time it is deemed that they have no concerns or comments regarding this matter. The Suffolk County Department of Health Services has no objection to our designation of lead agency status . Their primary environmental concern pertaining to development is that the applicant comply with the .requirements of Article Vand VI .and relevant constructioristandards for.water and sanitary sewage disposal. The health department maintains jurisdiction over final location of disposal and well systems and the applicant. should na undertake to construct any water supply or disposal system without Health Department Approval. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Diane. M-. .Schul°t-ze,. Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 Copies mailed to the following; Robert Flack, DEC Commissioner NYS, DEC at Stony. Brook Suffolk County Department of Health Services Suffolk County Planning Commission Francis J. Murphy Rudolhp Bruer, esq. for applicant COUNTY OF SUFFOLK �9 � r •Iy�;;�7'Y� PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M.D., M.P.H. COMMISSIONER T0: PlannAwy 6ou2C1 Date Q1u 'S-r .31� �-ia� T w N odd F .Socc 7Tko L c� U S 3 a 95 Ma:n Road S o..T-t+o L-I i -" y. l 14-1 1 �}Tra++TiON MR. 6a-nna.T7- 02LowSK#J JR. RE: Sur1doWN rce&ms Dear We are In receipt of your l etter dated 1Q cis r �7, I?Y!S concerning the above referenced project. ® 1 . This Department has no objection to your designation of lead agency status. 2. This Department is in agreement with your initial determination. 3. This Department does not agree with your initial determination. See Comments. ® 4. Insufficient information is available for technical comments, 5. There is no record of an application to this Department. ® A more accurate project locatiin is needed, (Suffolk County Tax Map' #) 6. This Department has received an application and it is: ® Complete 0 Incomplete ® Other: 7. It appears that the project can be served by: Sewage Disposal System (] Sewer System and Treatment Works ® Subsurface Sewage Disposal System(s) Other: COUNTY CENTER 548-3318 RIVERHEAD.N.Y. 1 1901 J Water Supply System ® A Public Water Supply System ® Individual Water Supply Systems) ® Other: 8. Comments: The :Health Department's, primary environmental concern pertaining to development is that the applicant comply with the requirements of the Suffolk County Sanitary Code especially Article V and VI , and relevant construction standards for water supply and sanitary sewage disposal . These considerations are. to be reviewed completely at the time of application . Full consideration in placement of water supply wells and disposal systems is given to state and town wetland requirements. The Health Department maintains jurisdiction over final location of disposal and well, systems and the applicant should not undertake to construct any water supply or disposal system without Health Department- approval . Other portions of the Suffolk County Sanitary Code also apply to commercial development such as Article XII. The Lead Agency is requested to forward a copy of this form to the applicant with its findings. J Further comment may be provided upon completion of the application review. Name Phone s'"t18-33 1 ft s,;Ts ,r LY1 f i'i OFFICE OF TOWN ;:ATtttTORNEY ' '' -L- 04 ROBERT W.TASKER TOWN OF,SOUTHOLD TELEPHONE Town Attorney (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 September 17, 1984 Mr. Bennett T. Orlowski, Jr. Chairman, Southold Town Planning Board Southold Town Hall Southold, New York 11971 Re: Sundown Farms Dear Sir: You have sent me a copy of the above minor subdivision map of Joseph and Patricia Steifer which is pending before your board. You have indicated and the map also shows that the traveled dirt road affording access to the interior lots extends along the westerly boundary of the property and in some instances is located on the property immediately to the west. You have asked my opinion as to the legality of the right of way. As I have previously advised the Planning Board,_ it is not the duty or the. function of the Planning Board to. ascertain whether or..not the applicant has the legal right to use a right of way shown on his subdivision. map. It is presumed that the applicant has the right to do what he is 'ask:ing the Town Planning Board to approve: In this instance, if the Planning Board is concerned as to the legal right of the applicant .to use that portion .of the right of way which encroaches on the neighbor's .property, it may impose •a condition on the approval of the subdivision map to the effect that .-it approves the access as indicated to the extent that the applicant has the legal .right to use the same for the purposes of access to interior lots. :Yours very truly, J ROBERT W. TASKER ,t � RWT:MY . I U Y'� r 1n ,o 1 E P 17 1986 J �-� �� �?7, `�-� ;l ./ ,,, r,; �. �' _. �ti�� �_� TT Southold, N.Y. 11971 (516) 765-1938 August 22 , 1984 Mr. Robert W. Tasker Town ATtorney 425 Main Street Greenport, NY 11944 Re: Sundown Farms Dear Mr. Tasker: Enclosed is a survey map for a minor subdivision of Sundown Farms, the applicant is Joseph and Patricia Steifer. This subdivision is presently pending before the Planning Board. As you can see, the right-of-way, a traveled dirt road, runs along the westerly property line and wanders inside and outside the subdivision boundries . The Planning Board questions the legality of the right-of-way and would like to have your opinion on this matter. The applicant has expressed concern with the possibility of relocating the utility poles and the right-of-way, see the enclosed correspondence regarding this . And, although the tax map shows a right-of-way entirely outside the subdivision boundries , the applicant is not certain he is entitled to the use of this. Thank you for your assistance. in this matter, if you have any questions regarding this , please contact our office . Very truly yours , BENNETT ORLOWSKI, .JR, CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc . AUG ATTORNEYS AT LAW 6./ r484 MAIN ROAD SOUTHOLD, NEW YORK 11971 LEFFERT5 P. EDSON August 20, 1984 (516)765-1222 RUDOLPH H. 9RUER (516)765-2500 Suffolk County Dept. of Health Services Environmental Engineering Services County Center Riverhead, New York 11901 Re: Sundown Farms (Stiefer) Mattituck, N.Y. Dear Sirs: In Connection with the above proposed minor subdivision, we enclose herewith the following: 1. Application for Approval of Realty Subdivisions and Developments 2. Realty Subdivision and Development Environmental Assessment Questionnaire 3. Three (3) maps of the proposed subdivision 4. Our check, in the sum of $18.00, in payment of your application fee Please review the above submissions and advise us of your determination under the provisions of the Suffolk County Sanitary Code. Sincerely, Rudolph H. Bruer RHB/df Encs. cc: William H. Price, Jr., Esq. Southold Town Planning Board FOL T o'= 1k o Sou.. xo n S =FQ ���0�eN •Y .r Southold, N.Y. 11971 (516) 765-1938 - August 17 , 1984 _ Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, New York 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the minor -subdivision of Joseph and Patricia Stiefer, Sundown Farms , located at Mattituck. This project is unlisted and an initial determination of non-significance has been made. We wish to coordinate this action to confirm our initial determination. . May we have your views on -this matter. Written comments on this project will be received at this office until August 31, 1984- We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act-, and our agency will assume the status of lead agency. Yours truly, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD 0XQ)t)blt�, _By Diane M. Schultze, Secretar enc. cc: Department of Health Services Is 1984 ATTORNEYS AT LAW Np MAIN ROAD �/V j/p�Q SOUTHOLD, NEW YORK 11971 �L LEFFERTS P. EDSON ( (516)765-1222 RUDOLPH H. BRUER (516)765-2500 July 18, 1984 Mr. Bennett Orlowski , Jr. , Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Minor Subdivision Application Joseph and Patricia Stiefer Dear Mr. Orlowski : . In connection with the above application, it is important to the applicant that the right of way or access remain on the southwesterly side of the premises--pretty much as it presently exists. The reason for this request is that the opposite side of the property would entail the removal of numerous trees and it would be a very hilly road. To change the existing access, that is to widen it , it would require that numerous utility poles be moved at a very high cost . The character of the property or the property' s utilization would not be substantially changed in that we are only asking for four lots out of a total of 17-1/2 acres. The access road would service only three lots, in that the lot fronting on County Route 48 would have direct access. We have discussed this matter dvith the Southold Town Planner and indicated to him that we would be happy to covenant , that , in the event of any further subdivision whatsoever, the access to the property may, infact , have to be improved. If you would like further discussion with respect to the right of way, please let me know, and I will be happy to talk to you and the Boards c X. B r RHB/cas do ruer T ATTORNEYS AT LAW MAIN ROAD SOUTHOLD, NEW YORK 11971 LEFFERTS P. EDSON July 9, 1984 (516)765-1222 RUDOLPH H. BRUER (516)765-2SOO Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Minor Subdivision Application Joseph and Patricia Stiefer Dear Mr. Orlowski: Pursuant to the request of your office, we enclose herewith six (6) additional prints of the preliminary map in connection with the above application, making a total of twelve (12) prints submitted. Sincerely, Rudolp�. Bruer RHB/df Encs. f jl,J Pg--)FOSLI-) Q.O•(LL--� 7.lOT -,�Us'T KKt3Y 1AAP _ /4n�, jpAtl �,H�L-Y -fT4�ke7 OJ&�� 64�- (2, 1--.?4re F r S -r-g L�f A�,j �ro e- --rye L( L.G c) ®v�-8Zo c;,.) ��s jfl �scor� -tz ►Z? - I, Nil Apa�- -f:;ooPvs(Nq C)1.4 c-cDrrs i-mck- . -mo roeT4t=� ���,�is►aN o -e _ Z �O(N __nJr�7� 5-z)k -vi cam__ --- 0 -f--Y-�- JNJST; 1CTICt1S .- -———To j J11 c rcl(:r to onsti•;ei- the questions in this short EAF S.t is assu ihct the prepo:•cr %'rill use- currcr1tl,, avoi.lable inforriation concerning t project rind thc 1iJ;cly irir)acts of tJic action . It is not expected that additional studir:;, rcncarch or other investigations will be undertaken (u ) If any que_tion has been ons-,!ered Yes the project may be significant and .a co;mr)loteo Env.ironmental Ilssessment Form is necessary , (c ) If all dues Lions have been answered 1'40 it is likely that this project is not significant . (ci ) Environntntol Asscnsrn^_nt •� - T Ef P:-o.)c•c"t result^in a . large physical chance to the project site or physically alter more t1'"1 10 (:cre s of lane!? . . . . . . Yes x No 2 . Will. thcrer be a major change to any unique or • unusual land foz'm found on the site? . . . . . . . . . • Yes X No 3 . Will. pro ject alter or hove a larcie' of Fect on existing body of water? . . . . . . . . . . 4. Will project have a potentially lorc,•c •impoct Yes X No ^ on ground;ratcr quality? , - • ' 5- I;ill project significantlyeffer_t drainage . •`—,reS x� No flow on adjacent sites? Yes_x No 6. 1','ill project affect On), threatenc:d•or • endangered plant or animal species? . . . . . . Yes x' No 7•. Will project result in a major adverse effect _ on air quality? _ E . 1'lill rn , . . . . . . . . . .'. . ; . . . . . . . . . . . . . . . . Yes X rNo p jecl hc., c a major cf, ccA on visual character of the community or scenic views or vi :,tas known to7be imporfont to the community?� Yes X ' No y . Will project adveisel)• i7��act any site or `-- sti•ucture of his taric., prehistoric or pa.lcontological impor•tor;cc or any sits dcsignc,ted as a critical environmental area by 'a local agency? . . . . . . . - Yes x �!o 10 . 1'lill Project have a tnojor • effcct •on . existing • or futurr. rccraation,0l op(lort unit ; es? . . . . . • • . . Yes .X No 11 . Ilill project result in najor traffic problems Or cou:e o major cffeet to existing ti arinportation sys•terns? . . . . . . . . . . . . . . . . . . . Yes X No 12 . I'lill project regularly couse objectionable Odors, noise, glare, vibration, or clectric.ol . disturbance as a result of the projeet ' s oper01ian? . . ... . . . . . . Yes X No 1'1i11 praject have 011)' ir..pact on public he'Olth or .sarcly? . . . . 1 t • 1'lill •P ujc ct affect the existinqcommunity by directly causin9 a growth in permanent POPulation of more thou 5 percent over a one Year period or have a nojor negative effect on ")o e('ox•actcr of ific community or neig),L)O.J-►ood? ls . IJ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes X No the,-c public controversy concerning the project? . . . . . . . . . . . . . . . . • —yes X No PREPARER ' S SIGNATURE REPPESEIITING Joseph and Patricia Stiefer �_ DATE 1 ., 19 8 4 a 4b ATTORNEYS AT LAW MAIN ROAD SOUTHOLD, NEW YORK 11971 LEFFERTS P. EDSON (516)765-1222 RUDOLPH H. BRUER (516)765-250❑ June 12, 1984 Mr. Bennett Orlowski, Jr. , Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re : Application for Minor Subdivision Dear Mr. Orlowski: Enclosed please find an application for Mr. and Mrs. Joseph Stiefer for the approval of a minor subdivision. Sincerely, Rudolph H. Bruer Encs. RHB/cas APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (.final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of.the Southold Town Planning Board, and represents and states as follows: contract vendee 1. The applicant is the ao w=xft=emd of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.)pursuant to contract of sale dated April 2, 1984, a copy of which is annexed hereto. 2. The name of the subdivision is to be ... .Sundown Farms ... ..., ,. ,. . ....................... . ................ .. ............. ......... .. ................... .... .. 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber . 7903 8 August........ .. .. ... Page ..... . .. .... .. .... . . . On ..28 ,..... 7 5 .. . . . . Liber 7974.... ...... .. ... ... ..57.5.. .. .. .... . . . January 2 ,. 1976. ., . Page On . , Liber ....8176 ... ...... .... . Page . ... .48.9.. .. .. .. .. . . . On .January.141.. 1.977 . Liber . ...8375 75.......... .. .. . Page . ... ....... .. ....... . . On ,January 8 , .1978. . Liber . .. 856.. ..... .. ... Page .•...550 ... .. ...... . On January 10 ,. 1979 . Liber .8763 Page 35. On •January .10., 1980 as devised under the Last Will and Testament of ... .. .... .. .......... .. ........ ......... oras distributee . .. ...... .... .. ........... .. .. .... .... ...... .. ....... . ........I...... . .. .. .. .... .. .... .......... ........ ........... ... .. .. ... .. .. .......... .. ....................... ... 5. The area of the land is 2. '5?8 5...... acres. 6. All taxes which are liens on the land at the date hereof have been paid. except the second .half 1983/84 Southold town & school tax 7. The land is encumbered by ........... ..... .... .......... ... ................. .... ... . . mortgage (s) as follows: (a) Mortgage recorded in Liber . .. .. ... . ... Page . .. .... .... .... ..... in original amount of $. .. .. .... .... ... unpaid amount $. .. .. .. .. .. .. .. . held by ............ .............. . . .. .. .. ...... .......... .. . address . .... .. .. ... . . .. .. .... .......... .. .................. . . (b) Mortgage recorded in Liber . .. ...... . . . Page ... .. .. .... . . .. .. ... in original amount of $..... .. ......... unpaid amount $... .. .... .. .... . held by . ...... ....... .... .... .. .. . . .. . . .. .... .. ....... .... ... address ... .. ... . . .. .. .. .......... .. .... .................... .. (c) Mortgage recorded; in Liber . . . . . . .. . .. . Page . .. . . .. .. . . . . .. . . .. . in original amount of $. .. . . . . .. .. .. .. . unpaid amount $. . . . . . . .. . . . . . . . held by . .. . . .. .. .. . . . . . . . . . . . .. .. . . .. ... . ... . .. .. . . .. .. . . .. . address . .. .. .. . . . . . .. .. . . . . . .. . . . . .. .. .. .. . . . .. .... . . ... . . . . : 8. There are no other encumbrances or liens against the land . .. .. .. .. .. . . .. . . .. .. .. . .. . .. . . . . ... . .. .. .. .. . . ... . . ... . . . . . . . . . ... . . . . . . .. .. .. . . .. . . .. .. .. .... . . . .. . . . . . . . . . . . . . 9. The land lies in the following zoning use districts A Residential/Agricultural . . . . . .. . . .. .. .. .. .. .. .. ... .. . . .. ...... .. ... . . . . . . . . . . ... .. .. . . .. . . .. .. .. . . . . . . . . . . . . . .. . . . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept . .. .. .. .. .. .. .. .. .. .. .. ... . .. .. .. . ... . . . . . . .. . . .. . . .. . . .. .. .. .... ... . . . ... ... . .. .. . 11. The applicant shall at his expense install all required public improvements. 12. The land 4X X(does not) lire in a Water District or Water Supply District. Name of Dis- trict, if within a District, is . .. .. . . .. .. .. ... . . . . . . . . .. . . .. .. .. . . . . .. .. .. . . . .. . . . . . .. . . . . . . 13. Water rnsiwill be-laid by . Private wells mod-{��-{�-E}�a_rge-Zvi 1}-lie-a�►e�e•-#ems-ire t�l�i sg�i�-�a�ns- 14. Electric lines and standards will be-install el-by . . now exist . .. .. ... . .. . . .. . . .. .. .. .. . . .. .. .. .--a-R4 fa---(ae}-�eba+ge-will-tie-n3ad - e�--i�rs#sll g-sairl- -fiires- 15. Gas mains will be installed by . .. . . no one , and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing snaps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed. deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". J 22. The applicant estimates that the cost of grading and required public improvements will he $..79-. .... as itemized in Schedule "E" hereto annexed and requests- that the maturity of the Performance Bond be fixed at . .. .. .. . .. . . years. The Performance Bond will be written by a licensed; surety company unless otherwise shown on Schedule "F", DATE . .... .. .......f�� .. . ... 19.84. JOSEPH & PATRICIA STIEFER ,. .... . :, (Nam' p lic nt) ( ture an Title) Main Road, Southold, New York 11971 .. .. .. . . .. .. .. .. .. .. .. .. .. .. .............. ... . . . (Address) STATE OF NEW YORK, COUNTY OF . . . . . . . .. .. .Suf folk , ., ., , , ,, ,, ss: On the . . . .. ..1.2 th.... . day of . .. .. ...Junq, ,, ,, , . ,, , 19. M,,, before me personally came RUDOLPH, H. BRUER. .... .. .. .. .... . to me known�o be the individual described in and who executed the foregoing instrument, and acknowledged that . .. ..he . . . . . . executed the same. HELEN M.GATES Notary Public,State of New York J� No.425686 . . ... ...... . . .��� . Qualified in Suffolk Counttyy 8 Comiseloo Expires March 30.18� ;Notary Public STATE OF NEW YORK, COUNTY OF . .. . . . . .. . . .. .. .. .. .. . . .. .. . . .. .. . ss: On the . .. .. .. .. . . .. .. ... . day ... .... .... .. . of . .. . . . . . . .. 19. . . .. .. before me personally came . . .. .. .. .. .. .. .. .... .. . . .. .. .. .... ... ...... .. .. .to me known, who being by the duly sworn did de- pose and say that.. .... .. . . ... resides at No. . . . ... . . .. . . .. .. .... .. . . .. .. .. .. .. ... ... .. . ... . . . . . . .. .. . . .. .. .. . . .. .... .... .. ......... ... . . .... . . . .that . .. . . .. . . .. .. .. .. .. .. .. .. . is the ... . . .... . . . . .. ... . .. . . .. . of . .. . . .. .... .. .. .. .. . .. . . ..... . . . . . . . . . .. . ... .. .. .. . . .. .. .. . . . . .. .. I ...... . . . the corporation described in and which executed the foregoing instrument; that . .. .. .. . . .. . knows the seal of said corporation; that the seal affixed by order of the board of directors of said corpor- ation, and that . .. .. .. . . .. . signed . .. . . . . .... .name thereto by like order. Notary Public SCHEDULE B Sound Avenue a/k/a County Route 48 Schedule C Sound Avenue a/k/a County Route 48 .1 Southold Town Planning Board Town Hall Southold, New York 11971 Re: Application of Joseph & Patricia Stiefer Premises at Sound Avenue, Mattituck Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned 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. You truly, f r LA a v ao� THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEVS FOR THIS RES/DENCE WILL CONFORM F�aR + TO THE STANDARDS OF THE SUFFOLK COUNTY N-`=Kj' I DEPT OF HEAL TH SERVICES. 6�z PROP T BL DG. W goo GAL. O �_' ' /' N e / SEPTIC O I TANK L.P. 300 SQ. FT. —i' c / Y£Y 4,14P li 25+ R.O.W TYPICAL PLOT PLAN o 000N rEsr H 0 L E SN 3 � ao.�E. TOPSOIL 040 r TOPSOIL SANDY LOAM pe> - 5 3• ;-�---� SGhDY LOAM '__ SAvl7Y LOA,V j � 4 • ' • � SAPID B GR/':'E �-' F� � \ � l �� E- �, 1,9� ZZe , t ACRE r C, o ' ,•I SAND SAND p o / 2 2 "�- m _ 4 . _ -J Vv 3 " \ • QZ / l 12 I 0 a; ! � TEST KEr_L ^ \\ r o cn 1 63' i�—>-7.ax.----'2—//.CD'--- - _� r.H / o�rn 1 / QE 3 t N. D/ �15 OO Er \ AVE L L EO D/RT \ '�! moo. o/ vT -It > 23° 5 50� 25' R. U11L.K'f 486.19 0.80 • E AIRrqt P \ Uri'r- ^ °G9 Zo 5 �I UTI� �E�ZZ j RECEIVED BY d / \ a�E ''�,' \ d�UIPEGIO 1G�rii PLP,P�P�II�G BOARD o'E �T BaP� (f�53 �� ®CT 5 1�RI, - / DATE \ M A CJ Epp PR L U Z°�P�/ s SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES PLAN OF PROPOS OCT o /' �' Hauppauge, Ncw York 25 0 P LE' o 1 ��50 / /!'/1 O VU/,../'�. I /✓/ O! ,/ This is to certify t;:n? the prc;;o :a ...._ _r:' '' r'i-Y Cn s wac,a cii -ci'_r SL�wI c� AI tiI^ 6rzt Ii Q \ �ti�E r 6low" !' •OI !� t E� E t` �` in the �_ OUT I I�LC� _-- .<...,a tot °�` _ _ I.,s r Y:2i'c^C}}^�JrOVBu Qn i(.� G rG 4uiC. 6.� 32a 0 .. A T /�'A T T/TUC�� h �i, t Cans�nt is ilrg, of the map on which this '20 ., r 6 r �+O I�'��/ O� SOUTH, �O endorsement C ca:s `' i •t 7i the CountyClerk Itl aCCal'"Gn e L19 with provisions cr' t;110 6 � :ic ilealtn law and the Suffolk County /� \ (� Sanitary Code. E , o r R E .S U�'f='•OL D CoA!Y. g `� N/ SAY Uit'ector of Environmental Health r ADDITION D. /0-02-84 00 N / 9-/2-84 0 E rig 21�3 0� SAYR _ _ .. ._ I.-TIT— Uri i 12.5 . . j2 4Yi .A' cz N /F S NOTE I u �� ���" n SET$ ljor"E CONTOURS TAKEN FROM;' SUFFOLK COJNTY D. P. W. AERIAL 4MPS. .�, • r = MONUMENT FOUND . consul AREA � /, /99,/43 d ' -"--"- = OVERHEAD WIRES. .. writ main srec"I 27. 5285 ACRES ri�s��'Iie�pad r1ew york I I �0I 16) �G May 4 , 1084 Job N°84 -476 . 1000 121 04 08 scale