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HomeMy WebLinkAboutSummit Estates+ OFFICE LOCATION: ra. MAILING ADDRESS: ..,.. Town Hall Annex ���"� � �� P.O. Box 1179 54375 State Route 25 �I �� ryy; Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY www.southoldtownny.gov � a .wCxa �. PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 8, 2021 Mr. Mike Agnone, Board Member Summit Estates Homeowners Association P.O. Box 779 East Marion, NY 11939 Re: Summit Estates Dock Covenants Dear Mr. Agnone: The Planning Board has reviewed the request from the Summit Estates Homeowners Association to amend the decision and covenants from the Planning Board to allow additional boats to use the existing dock. The Planning Board resolution' of September 28, 1999 restricts the use of the dock with the following wording: "in order to further ensure that the use of the dock for docking or mooring purposes remains similar to that allowed for a single family dock, and does not result in a marina_ type use for boats owned by the Summit Estates Homeowners Association, the Planning Board is requiring that the docking or mooring of boats be limited to the area of the existing "T" port (the area which is parallel to the shoreline) of the dock. The Planning Board's decision is further clarified to mean that no more than 2 boats, other than those owned and used by the Summit Estates Homeowners Association shall use the dock for docking or mooring facilities." The above wording is also in the covenants recorded with the Suffolk. County Clerk on March 8, 2001 in Liber 12106, Page 903. Any subsequent covenants filed without a majority plus one vote of the Planning Board after a public hearing are invalid. Southold Town Planning Board Page 2 April 8, 2021 In light of the intent of the Planning Board at the time to limit the use of a dock to that equivalent to a single family home, the Board has elected not to consider amending their previous decision. They also further clarify the decision and covenants to mean that no more than a total of four (4) boats shall use the dock for docking or mooring facilities. Sincerely, Donald J. Wilcenski Chairman cc: Southold Town Trustees T'VVONIEY, LATHANI, SHEA & KELLEY, LLP Post Office Box 9398 Riverhead New York 11901-9398 33 West Second Street Rlverhead New York 11901-9398 www. suffolklaw.oom September 7, 2004 CERTIFIED MAIL RETURN RECEIPT REQUESTED Peter Fakiris, President Gusmar Realty Corp. 13-15 376* Avenue Long Island City, New York 11101 Re: Cleaves Point Condominiums/Summit Protective Covenants and Restrictions Dear Mr. Fakiris: This firm has been retained by Cleaves Point Condominiums to ensure that Gusmar Realty Corp. and the Summit Estates Home Owners Association, Inc. comply with and abide by the Declaration of Protective Covenants and Restrictions, executed by Gusmar Realty Corp. on July 17, 1992 and recorded in the Suffolk County Clerk's office at Liber 11506, Page 123, and the Amendment to Declaration of Protective Covenants and Restrictions, executed by Gusmar Realty Corp. on June 19, 2000 and recorded in the Suffolk County Clerk's Office at Liber 12051, Page 541. The concerns on the part of the members of Cleaves Point Condominiums are twofold. First, one of the residents of Cleaves Point Condominiums recently visited a model home in Summit Estates and was told by a salesperson for Summit Estates that as soon as one half of the homes within Summit Estates are built and occupied, the Summit Estate Home Owners Association intends to petition the Town of Southold for additional boat slips. As you should recall, the Declaration of Protective Covenants and Restrictions and, in particular, the Amendment to the Declaration of Protective Covenants and Restrictions that you executed on June 19, 2000 expressly and specifically limit Gusmar Realty Corp. and the Summit Estates Home Owners Association to a total of four (4) boats, i.e., two residents and two guests, to use the docks for docking and mooring purposes. Therefore, please be advised that any attempts on the part of Gusmar Realty Corp. or Summit Estate Home Owners Association to petition the Town of Southold for additional boat slips will meet with vigorous opposition on the part of Cleaves Point Condominiums, which opposition will include citing the safety and other concerns for which the Town of Southold required the Protective Covenant and Restrictions in the first place. See Amendment to Declaration of Protective Covenants and Restrictions, No. 1. The second concern on the part of the members of Cleaves Point Condomirdums relates to the fact that, on a continual basis over the years, cars and golf carts from Summit Estates have been traversing the Park and Recreation Area which, as you should also recall, is prohibited under the Declaration of Protective Covenants and Restrictions that you signed back on July 23, 1992. See Declaration of Protective Covenants and Restrictions, Nos. 7 and 8. We hope that this reminder will avoid future problems. If you have any questions or would like to discuss this matter, please do not hesitate to contact me. Sincerely, DMD/ms cc: Southold Town Planning Board Southold Town Trustees R=40.O0' L=59.94' LOT 27 MAP OF SUMMIT ESTATES SECTION No. 3 FILE No. 10769 FILED MAY 21, 2002 SITUA TED A T EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-.38-07- 10.1 § SCALE 1"=50' MAY 15, 2005 AREA = $0,465.77 sq. ff. 0.699 oc. BTL[ . ~~ N.Y.S. Llc. No. 49668 Josep~ A. lngegno Land Surveyor T~tle Surveys3 -- Subdivisions - Site Pier,s - Construction Loyout ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS M-A.-NAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Ma. in Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim response. SECTION I. ! ' ('Department or/Of~ficer, if known, that has the ifJformation you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information.) <o- Signature of Applicant: , ~_~,'~ Prl~lted Name: ~S L// Address: /~) ~ ~ ~ ~1~.,~.~. Mailing Address (if different from above): Telephone Number: 7~.~/ Date: ~/~/~ < [ ] APPROVED [ ] APPROVED WITH DELAY* [ ] DENIED* Freedom of Information Officer RECEIVED A * If delayed or denied see reverse side for explanation. $oulholdTown Cler-k DECI~TIO~ OF ~ ]' JUL gB 199~ PKOTECTI~ CO~TS ~ ~STRIC~ZO~S~ S~IT ESTATES .~ [~ TRANSFER TAX 'EAST MARION ~ 'SUFFOLK L DEC~TION mede t~s~ day of J~ , 1992, by GUSI~ ~ CO~., a domestic co~oration havlnq'its principal place business at !3-07 37t~ Avenue, Long Isled Cits;, New ~ork 1!101, hereiaaftar callad tke Declar~t. 34803 Wa--~AS, the Declarant of Covenants a~d Restrictions will be filed before the map of S,~m~t Estates is filed ia the office of the County Clerk. W-~P~EAS, the Declarant is the owe/er J_~ fee sJ_~ple of the roi!owing described prem_~ses: A~L that certain plot, piece, or parcel ofland in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: 8. The following terms shall apply to the Park and Recreation parcel D. a) This area shall be ow~/ed by the ~omeo~rners ~sociation for Summit Estates. b) These areas shall remain in their natural state. Maintenance of the natural vegetation shall be the only use or activity allowed, other th~ passive recreation. c) ~y building, st~cture or parking to be located on parcel D, shall be s%~bject to'Southold Tow~/ Plenn~ng Board approval. ~y building, st~-ucture or parking allowed by the Plan~u~ng Board shall be located to the northerly side of a line connecting the following two points: 250' no~-th o'f Gardiners Bay on the easterly property line of the Park ~d Recreation area, and 310' north of Gardiners Bay on the westerly property line of the Park a~/d Recreation area, as indicated on the subdivision map for Summit Estates. The drainage pond located on Lots 14 and 1~ of the fina~ subcLivision map, is to be left intact in perpetuity, and there is to be no lot or road drainage into s~ch pond. This aarea shall not be filled or regraded. DCJS 3205 (2/97} · FALSE STATEMENIS ARE PUNISHABLE AS A CRIME. PURSUANT TO THE NE'~ Albert J. F, rupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF soUTHOLD October 23, 2003 Mr. Chades W. Bowman Land Use Ecological Services, Inc. PO Box 1060 Village Dock Riverhead, NY 11901 RE: Summit Estates - East Marion Request Wetland jurisdictional Determination SCTM#38-7-13 & 14 Dear Mr. Bowman: The Southoid Town Board of Trustees at their Field Inspection on Wednesday, September 17t~ , 2003 took the following action. RESOLVED, that the Southold Town Board of Trustees request that the property not be disturbed and to leave as a "natural sanctuary". The pond, because it was man made and is not part of a larger wetland area has been determined to be Non_Jurisdictional by the Board of Trustees. This is not a determination from any other agency. Very truly yours, Albert J. President, Board of Trustees AJK:cjc Albert J. Krupski, President James King, Vice-President Artie Foster Ken Poliwoda Peggy A. Dickerson Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-1366 BOARD OF TOWN TItUSTEES TOWN OF SOUTHOLD September 30th, 2003 Mr. Chades W. Bowman Land Use Ecological Services, Inc. PO Box 1060 Village Dock Riverhead, NY 11901 RE: Summit Estates - East Marion Request Wetland Jurisdictional Determination SCTM#38-7-13 & 14 Dear Mr. Bowman: The Southold Town Board of Trustees at their Field Inspection on Wednesday, September 17th , 2003 took the following action. RESOLVED, that the Southold Town Board of Trustees request that the property not be disturbed and to leave as a "natural sanctuary". This is not a determination from any other agency. Albert J. Krupski, Jr. President, Board of Trustees aJk:cjc lO,'14~03 TUE lO:17 FAX 631 72?2505 LA~ USE ECOLOGICAL ~001/002 FAX TRANSMISSION SHEET Date: October 14, 2003 To: cc: Southold Trustees Dan Dagonetti ~ fax 718-729-4160 Attn: From: Re: Fax #: # of Pages: Al KrupskilLauren C.W. Bowman ~/// Summit Estates - East Marion 631-765-1366 2 (including fax transmission sheet) Remarks: Please see attached letter sent to Trustees regarding irrigation pond in East Marion. referencing jurisdictional determination. We have received your response indicating pond to be left as "natural sanctuary" but still need an answer as to whether the pond falls within Trustee's jurisdiction under Chaoter 97, Thank you. ~ ~ '~" P'.~.~Bo--~-~060- '~-v~"~ll~g~ Dock, Riverheacl, N.Y. 1190~.-0703 Phone: (631)-727-2400 · Fax: (631)-727-2605 10/14/03 'rUE 10:17 LaMUse FAX 631 7272605 LAN1) USE ECOLOGICAL ~002,'002 Sep~aber 4. 2003 Town of $outhold Board of Tn~stees PO Box 1179 Southold, NY 1197I' ' Attn: Albe~ Krupski Re: Reqtmst for Wetland Sm'isclictional Determination Irrigation Pond- Lots 13/14 Summit Estates-East Marion D~,~r Mr. Krupski: The Southold Town Building Departm~mt has suggcsted that the ~'~1! irrigation pond located on thc above rc£ere~ced lots may be classified as wetlands under Chapter 97 of thc Soufftold Towr, Code. I have enclosed a wetland analysis prepared relative to th~ water feature and would request the Board review this in.formation and cktermlne whether the pond falls under Chapter 97's definition ora wetland. Thank you for your consideration in this matter, Charles W. Bovanan cc: Dan Dr-agonetti, Summit (by fax and regular mail; 718-729-4160) CWB/av Eno. z.~,~"~'"~ RO. Box 1060. Vi.,age Dock, Riverheod, New York. 11901 63]"727-2400.FAX631.727-2605 X15.3 o Subject Area Y Summit Estates East Marion, Southold Town X14.5 X7.1 1G.q X X 6.q Xlq. I ,, ×13.7 Xlq.5 16.5 LandUse September 4, 2003 Town of Southold Board of Trustees PO Box 1179 Southold, NY 1197l Attn: Albert Krupski Re: Request for Wetland Jurisdictional Determination Irrigation Pond- Lots 13/14 Summit Estates-East Marion Dear Mr. Krupski: The Southold Town Building Department has suggested that the small irrigation pond located on the above referenced lots may be classified as wetlands under Chapter 97 of the Southold Town Code. I have enclosed a wetland analysis prepared relative to the water feature and would request the Board review this information and determine whether the pond falls under Chapter 97's definition ora wetland. Thank you for your consideration in this matter. Charles W. Bowman cc: Dan Dragonetti, Summit (by fax and regular mail: 718-729-4160) CWB/av Enc. P.O. Box 1060 · Village Dock. Riverkead, New 'York · 11901 631-727-2400. FAX 631-727-2605 LandUse WETLAND ANALYSIS Irrigation Pond Summit Estates Town of Southold Lots 13/14 East Marion New York Prepared for Submission to: Town of Southold - Board of Trustees Contact: Charles W. Bowman Date: September 4, 2003 PO Box 1060 · Village Dock, Rb'erhead, New York · 11901 631-727-2400 · FAX 631 727-2605 Background & History Summit Estates is an existing 33 lot cluster subdivision located on the west side of ShipYard Lane in East Marion. The subdivision was approved by the Town of Southold. Road improvements have been installed and single family dwellings have been constructed on many lots. The common property lines between lot 13 and lot 14 contains a constructed irrigation pond historically utilized for crop irrigation prior to the subdivision approval. (See attached plan) The present water surface of the pond is approximately 40' x 70' and comains nearly vertical sides approximately 9' in height. The Town of Southold Building Department has indicated that the man-made irrigation pond may or may not be identified as wetlands under Chapter 97 of the Somhold Town Code. This analysis will provide information that will allow for the Town of Southold Board of Trustees to determine their jurisdictional limits. Site Description The land area immediately surrounding the irrigation pond is characterized as fallow agricultural land currently colonized by herbaceous weed, grass, and wildflower species. The edge of the pond is located at approximately elevation 10 and descends almost vertically to a water elevation of 0.6. This side slope area contains the following identified vegetation: Regional Indicator Species Classification Black Cherry (Prunus serotina) FACU Honeysuckle ( Lonicera sp.) FACU Multifiora Rose (Rosa multiflora) FACU Norway Maple (Acer platanoides) U .. Common Reed (Phragtnites australis) [3' x 20' in standing water] FACW. Queen Ann's Lace (Daucus carota) U Pokeweed ( Phytolacca americana) FAC+ Ragweed (Ambrosia artemisiifolia) FACU Red Oak (Quercus rubra) FACU- With the exception of the 3' x 20' area comaining Phragmites, all other veg{ water surface is classified as upland species. No other emergent wetland ve wetland species were observed. ~2003 :atiofl-Surr~ ! :etation 0r~ Analysis Chapter 97 of the Southold Town Code (97-13 B.1) identifies freshwater wetlands as "defined in Article 24, Title 1, Section 24-0107, Subdivision l(a) to l(d) inclusive, of the Environmental Conservation Law." Article 24 of the Environmental Conservation Law defines freshwater wetlands as lands containing wetland trees, shrubs, emergent, submergent, and free floating vegetation. With the exception of the previously identified small area of Phragmites, no other vegetative species located within the pond circunfference are identified as hydric (wetland) species. Furthermore, in order for a wetland area to be identified under Article 24, a predominance of the vegetation must be wetland dependent species. Conclusion The subject area is a man-made feature constructed to retain water for crop irrigation. Its construction resulted in extremely steep side slopes that have prevented the colonization of any hydric vegetation commonly found along pond edges. Phragmites australis is an invasive species that can colonize a variety of habitats including wetland, upland and disturbed soil conditions. It is my professional opinion that its presence is not indicative of a freshwater wetland and that the subject's irrigation pond should not be classified as a wetland under Chapter 97 of the Town Code. Attachment Page 2 ELIZABETH A. NEVILLE TOWN CLERK REC~ISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southo]d, New York 119~/1 Fax (516) 765-1823 Telephone (516) 765-1800 APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (e~c, gency Freedom of Information Officer). Once copy will be returned to you in response to your request, or as an interim response. SECTION I. (Department or Officer--~known, that has the infor~ you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information.) Signature of Applicant: Mailing Address (if different from above): /g ~ Teleph°ne Number: ~ ~/'~/~2- //D ~7 Date: [ ] APPROVED [ J APPROVED WITH DELAY* Eli~beth Neville A. Freedom of Information Officer [ ] DENIED* RECEIVED JUN 7 ?nn~ D~te - - If delayed or denied see reverse side for explanation. Southold Town Clerk ' P .LANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 MEMO TO: FROM: RE: DATE: Gregory Yakaboski, Town Attorney Albert Krupski, Jr., President, Board of Trustees Craig Turner, Planner Summit Estates subdivision boat dock February 28, 2001 The Planning Board would like you to examine the letter from William Price, Attorney, and my letter in response. At issue is the interpretation of Section 100-31C(3)(a) in the Zoning Code, which states: "There shall be docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use." Mr. Price is questioning the ability of those two "guest" slips to be used for overnight docking. Since the issue is not addressed in the law, the Planning Board believes that it is allowed. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OFSOUTHOLD Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 February 27, 2001 William H. Price, Jr., Esq. P.O. Box 2065 Oreenport, NY 11944 RE: Summit Estates subdivision boat slips Dear Mr. Price, The Planning Board has read and discussed your letter and the proposed amendment to the Summit Estates Home Owners Association Offering Plan. The proposed amendment does conflict with the Planning Board resolution granting final approval to Summit Estates Sec. 4. They cannot transfer ownership of the "guest" boat slips. This would be in violation of the Planning Board approval. However, I have not uncovered anything in the Town Code limiting the two "guest" slips to temporary usage. Your letter has been forwarded to the Board of Trustees and Town Attorney. I will forward any responses from them to you. Sincerely, Craig Turner Planner CC: Albert Krupski, Jr., Board of Trustees Gregory Yakaboski, Town Attorney Donna Oeraghty, Gusmar Realty Corp. JUL-07-2000 PRI 10:04 Att PAX NU, ?, 02 SEKAS ~. BUZZETTI, L.L.C, (212) 69~-7577 July 7, 2000 Charlotte Cunningham . Southhold Board of Trustees P.O. Box 1179 3~ ' Southhold, NY 11971 RE: Panagiotis Mourkakos to Ioannis Kordistos Property: 1800 Shipyard Lane, East Marion, Our File No. 4440 NY 11939 Dear Ms. Cunningham: Please be dvlsed that I represent ~anagiotis Mourkakos in connection with his sale of the above captioned property. Plea~s provide me with any and all copies of Resolutions and Developer s Agreements regarding the construction and approval of the dock associated with the above property. . If .you should have any questions o ' . l, nformatlon, please do not hesitat ..... r require further your attention an~ ~ ...... ~ Lo C~. me. Thank ou ~ ~=~zonal coope~tion t0-~L~.s matterf for ly~urs,  G. Sekas NGS/ch VIA FACSIMILE (631) 765-1366 AND REGULAR MAIL cc: Panagiotis Mourkakos Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Melissa Spiro FROM: Albert J. Krupski, Jr. President, Board of Trustees DATE: August 23, 1999 RE: Summit Estates The $outhold Town Board of Trustees have reviewed the Summit Estates situation. The Peter Fakiris dock was originally approved by this board as a single family dock, subject to the regulations under the current zoning and code restrictions under Chapter 100-31-3(a) which states "there shall be docking or mooring facilities for no more than two (2) boats other than those owned and used by. the owner of the premises for his personal use". The Southold Town Board of Trustees sees no reason to change the use of the structure and would definitely not recommend a marina use for the structure. If you have any questions, please call our office, at 765-1892. Albert J. Krupski, Pre8ident James King, Vice-President Henry. Smith Attic Foster Ken Poliwoda Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: FROM: DATE: RE: Melissa Spiro Albert J. Krupski, Jr. President, Board of Trustees August 23, 1999 Summit Estates The Southold Town Board of Trustees have reviewed the Summit Estates situation. The Peter Fakiris dock was originally approved by this board as a single family dock, subject to the regulations under the current zoning and code restrictions under Chapter 100-31-3(a) which states "there shall be docking or mooring facilities for no more than two (2) boats other than those owned and used by .- the owner of the premises for his personal use". The Southold Town Board of Trustees sees no reason to change the use of the structure and would definitely not recommend a marina use for the structure. If you have any questions, please call our office, at 765-1892. PLANNING BOARD M~MBERS BENNETT ORLOWSKI, J'R. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To~ From: Date: Re: Board of Trustees Melissa Spiro, Planner August 3, 1999 Summit Estates Attached please find correspondence submitted to the Planning Board at the July 19, 1999 public hearing on the above. Also, a draft copy of the portion of our minutes pertaining to this hearing. VICTORIAN REALTY REALTOI "z/~k Fi.~ ~:"~"Jc~ May 5, 1992 Southhold Town Planning Board 53095 Main Road Southhold, NY 11971 RE: Summit Estates Sec. 1 East Marion S.C.T.M.-# 100-35-8-53 Dear Board Members: In response to your question of the use of the dock which is situated on the park & recreation area for Summit Estates. The intended use of said dock is for the exclusive use of Mr. Fakiris, for the purpose of docking his own boats. If you have any further questions please contact me at (516) 369- 8515. Sincerely, Donna Geraghty~~' SOUTHOLD ~OWN PLANNING BOARD 11 WEST MAIN STREET, RIVERHEAD, NY 11901 · (516) 369-8515 · FAX (516) 727-3707 110 FRONT STREET, GREENPORT, NY 11944 · (516) 477-2730 · FAX (516) 477-8643 97. 4' 88'30'49" .sA t~ D I NERS "!'. ~ 0 f~ lC ". Model Present were: MINUTES July '19, '1999 Bennett Orlowski, Jr., Chairman Richard G. Ward G. Ritchie Latham Kenneth Edwards William Cremers Melissa Spiro, Planner Robert G. Kassner, Site Plan Reviewer Absent: Valerie Scopaz, Town Planner Martha Jones, Secretary Mr. Orlowski: Good evening. I'd like to call this meeting to order. The first order of business, Board to set Monday, August 16, 1999 at 5:00 p.m. at Southold Town Hall, Main Rd., Southold, as the time and place for the next regular Planning Board meeting. Mr. Cremers: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. #### Mr. Orlowski: Motion made and seconded. Any questions on the motion? All Southold Town Planning Board those in favor? July 19, 1999 Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. PUBLIC HEARINGS Mr. Orlowski: 5:00 p.m. Summit Estates - Sections I, 2. 5 & 4 - Public hearing in accordance with Condition Number 11 of the Declaration of Covenants and Restrictions for Summit Estates. SCTM# 1000-35-8-(5.4-5.18) and 38-7-(8-12). I'd just like to say that before we get going, I'm going to entertain a motion later to hold this hearing open and they are going to hold this hearing open pending the review of the Town Trustees in regard to the allowable number of boat slips and the allowable use of the dock for the dockage of the boats. So I know a lot of you are here for that, but we're going to hold it open. We also have some correspondence that just came into the office from, I believe, the attorney for Cleaves Point and we haven't had a chance to even look at this. But the hearing is open now and I'll ask if there are any comments from the audience on this. Donna Geraghty: I'm Donna Geraghty and I represent Summit Estates and Gusmar Realty. I'm just going to reiterate basically for anyone that hasn't had a chance to look at the file, exactly what it is we're looking to accomplish. We filed Section I about two years ago and we were unable to file Section 2 and Section 3 for the reason of the Suffolk County Water obviously, the moratorium on water. Therefore, we're moving ahead to file Section 4, which consists of Lot #33. The way the Covenants and Restrictions currently read for Lot 33 is that it was for the use of Lot 33 until such time that we decided to set it off. And the actual dock ownership belongs to the Homeowners Association (HOA). The fact that we had not sold any homes at that time, we had no problem whatsoever utilizing or putting a covenant in there for the use of Lot 33. In the meantime, we have sold a few of the homes and we're starting construction over there and the HOA has said that they would like the enjoyment of the dock, even if it be at this time just to be able to walk out there. They don't like the fact that there's a private sign. It is a part of their HOA. They would like to utilize it. I had asked that we...I believe, and I'm not 100% sure on this, but we requested the use of four boat slips there. That use would be for two for Lot 33 and two for the current developer. Once we sell off 51% of the subdivision, we would then turn over the entire Southold Town Planning Board 3 July 19, 1999 subdivision to the HOA. We did sell it to a party, Lot #2, which he has shown interest in running the HOA. And he did not express interest so much for the use of boating, but he said they'd like possibly to be able to put benches out there and just to be able to use it. I know that both condominiums on both sides, they have the use of a nice dock space. They have the ability to be able to walk out and possibly fish on their pier and I think that the HOA of Summit certainly is entitled to at least the same use. I understand there is a lot of concern with boat traffic, and certainly we're concerned about the same thing and I agree with that. What I'd like to do is hold it open for the HOA themselves to decide what they might want to do in the future with it. We're not looking to put a marina there. The dock in question is 280 feet in length. It has a 50 foot frontage. It could easily accommodate much more than 4 boats, but at this time, we are asking to be allowed to accommodate 4 boats and if the Board also sees that fit, this is what we'd like. I'm open to answer any questions that anyone may have, and we'll take it from there. Any questions from the Board? Mr. Orlowski: You say 2 slips for the HOA and 2 slips for the developer. Ms. Geraghty: I'm sorry. Two slips for Lot 33. Currently in the Covenants and Restrictions it says that the dock boat slips is for Lot 33. The developer had put in the dock and then he brought in a partner for the house which is Lot 33. They would like to share the use of the dock in common right now for boating purposes because it's a really big dock and the doctor only has one boat and so they've said that why not let him use it. He's the developer, he's not planning to live there. Once he does sell off the rest of the subdivision, or at least 51%, he will then pass that on to the HOA and allow them to determine along with the Board what the future use of that dock might be. But we would certainly like all of the people to be able to walk along that dock and have the use of that dock for pleasure, not boating I'm not saying, just to enjoy it as the condominium owners on both sides do. I know the children go out on the piers next door and they fish or things such as that. It's a nice thing to be able to walk out on the dock as opposed to just being on the beach. Tom Krause: My name is Tom Krause and I'm a resident of Crescent Beach Condominium, unit #13, and I'd like a clarification of Ms. Geraghty's remarks. I thought I heard her say that the HOA already owned the dock or it had been turned over to them already. Is that what you said? Southold Town Planning Board ~, July 19, 1999 Ms. Geraghty: The HOA does in fact own the dock. We're now talking about the use of the dock. Mr. Krause: My understanding is that the dock was owned by the owner of Lot #33 and there needed to be a public hearing before the transfer of the dock to anybody and only the Board could approve that and that had to happen after a public hearing. And if there hasn't been a public hearing, how can there have been a transfer of the dock to the HOA? Ms. Geraghty: There was never a deed transfer of the dock. It remained with the HOA when the HOA left. Lot #33 clearly has in the Covenants and Restrictions use of and the only question is further use of the dock. But the HOA has always retained ownership of the dock. Is that correct? Mr. Orlowski: Well, you're going to have to put that in writing for the Board because i've never seen that anywhere. Ms. Geraghty: I think that's what we talked about Melissa, no? Mr. Orlowski: You might have talked about it but this Board has never read that anywhere. Ms. Geraghty: There is nothing in any deed referring to the dock. And I think the question was if in fact it's on the land that the HOA owns that that would be part of. There's no reference in any deed to the dock, so you might explain it to me. Mr. Orlowski: That's why we're holding this hearing open. Mr. Krause: I would like to know who filed the permit application to build the dock? Clearly not the HOA because there were no owners. Mr. Orlowski: That was done before the subdivision and probably the owner of the property. Ms. Geraghty: Exactly. Mr. Krause: And if I recall, that permit application said that in fact the dock would be owned by and used only for the personal use of the owner of Lot 33. Am I correct in that? Ms. Spiro: I can't say yes or no. Southold Town Planning Board 5 July 19, 1999 Ms. Geraghty: There was no subdivision (inaudible) at all. Mr. Krause: I'm not concerned about whether or not there was a subdivision. I want to know who owns the dock? And who filed the permit? Because only the owner of the dock can file a permit application I would assume, unless that's a mistake. Mr. Orlowski: And I believe originally it was the developer of the property, so now the dock is part of the whole development and to be part of the HOA, but this Board is not going to make any decision or close this hearing and make any decision until the Trustees have reviewed this whole thing and tell us exactly what can go on down there, and how many boats can be docked down there. Mr. Krause: i'd like to refer to No. 11 in the Covenants and Restrictions for the deed and I believe it says that ownership of the dock can only be conveyed to the HOA after a public hearing and after Board approval. If it already owns it, how could it be conveyed after a public meeting? Has there been some approval or some conveyance that we don't know about or is the restriction mis-worded, because the restriction is saying it can only be transferred to the HOA with the Board's approval and after a public meeting. If the HOA already owned it, what would be the need for a transfer or a public meeting? Ms. Spiro: At the time of the subdivision approval, I don't know the date, Gusmar Realty owned it. There was no such thing as a HOA at the time of the subdivision approval. Now, I believe there has been a conveyance, maybe Donna can speak to that, since the subdivision approval date, of Section 1. Mr. Krause: Does the creation of the subdivision pre-date or post date the Covenant and Restrictions In the deed? Ms. Spiro: The filing of the Covenants and Restrictions was done as a condition of approval for Summit Estates Section I. So, it would be at the same time as... Mr. Krause: OK, so at the time Summit Estates subdivision Section I pre- supposes the pre-existence of the subdivision, right? It was a subdivision...they decided, since they couldn't afford to get, or decided that it was not in their best interest, to get water rights for all 35 lots, they applied for sectionalization, Sections 1, 2 and 3, they got the water rights for Section 1. Southold Town Planning Board 6 July 19, 1999 Ms. Spiro: When you say water, you mean drinking water, not swimming water? Mr. Krause: Yes, drinking water, that's correct. So, if the Covenant was part of the approval process for the creation of the sections, than at that time the HOA could not have owned the dock. So now we know that the transfer to the HOA came sometime after the creation of Section 1. Ms. Spiro: If indeed it was transferred to the... Mr. Krause: If indeed it was transferred, so my question is was it transferred? Ms. Geraghty is calling it a fait accomplis and I'm saying it can't have happened without a public hearing and I thought that's what this was about. This was the public hearing. Mr. Orlowski: This is the public hearing, and my question too was I have not seen anything on that myself, neither has the Board. Mr. Krause: So we're not accepting that as a statement of fact at this stage? Mr. Orlowski: No, not right now. Mr. Krause: Thank you. Mr. Orlowski: Any other comments? David Dubin: Good evening. My name is David Dubin. I'm the attorney who you referred to earlier who submitted the comments this afternoon. I apologize for submitting them so close to the hearing. We were just retained very recently and didn't have a chance to do our homework for getting them to you. I'm not going to spend a lot of your time because I think you've made a prudent to have the Trustees get involved and find out what really the plans are for this lot and for the dock because it seems even after hearing Ms. Geraghty this evening, unclear to me who owns the dock and what the future and permanent intentions are for the dock and for Lot #33. There are a number of people here as you can see who do want to speak briefly as to the issues about usage of the dock and I know you said you want to hold that open. In looking at the letter that Ms. Oeraghty submitted to request this hearing, part of her request was to ask for two slips for I think she called the developer and two slips for Lot #33. Sour:hold Town Planning Board 7 July 19, 1999 We haven't been able to spend a lot of time with this so far, but what we have been able to discern is that if there has been a conveyance to the HOA that's been a second conveyance without a public hearing because there was a conveyance to a Mr. Markakous, if that's the correct pronunciation, back in September of 1995. And at that time as Mr. Fakaris sold or at least conveyed the property to Mr. Markakous, which seemed to also include Lot #33, four days later Mr. Markakous flipped the property to Gusmar Realty which I assume from hearing Ms. Geraghty's comments is now the developer. In that deed for Mr. Markakous to Gusmar Realty, he retained ownership of Lot #33, so if you look at the deeds at the County Center...and I don't know how you convey property or a dock other than by a deed, Mr. Markakous is the current title owner to Lot#33, presumably the dock. So, I think it's very important before we go any further to find out who purportedly owns the dock and what the current Intention is for the dock. I think you'll hear from these people that they don't object to people walking along the dock who ultimately buy homes within the subdivision and they don't object to having four slips at the dock, so that if the developer or the owner of Lot #33 or Gusmar Realty, or whoever would want to enter into a Covenant and Restriction at this time saying that the permanent use of the dock is restricted to four slips, we could probably have a short evening of this. But the problem is, is that it seems like it's been incremental steps. It's been asking for permission to do one thing today, where the request that maybe later down the road we'll ask for something else, and that doesn't seem to me to be prudent planning. We should find out first what the permanent intention is. They've owned the property for some time now. If they don't know what the permanent intention is then perhaps they should reconsider what it should be and then come back and ask for whatever they want. I don't want to take up much more of your time now. I would like just to introduce a couple of people who would like to speak briefly as to the issues that are foremost on their minds with respect to any approval of increased usage of a dock beyond that which is allowed in the Town Code, because I think you'll hear from them that there are some serious safety issues that are present. So perhaps Sue you would like to speak briefly? Sue Hallock: Good evening, I'm Sue Hallock and I manage Cleaves Point Village and Commons Condominium. I would like to submit for the record, I think there are approximately 41 letters from our owners regarding, in Southold Town Planning Board 8 July 19, 1999 general, opposition to any change of use of the dock as we understand it now exists. May I submit them to you? Mr. Orlowski: Yes. Ms, Hallock: As that letter mentions, basically we're opposing any change in use for reasons that span - noise, pollution - but mostly the density of potential use of 100 feet of frontage on the bay by 35 families. In particular, the use of the dock that could potentially be used by 35 families. You've already decided this may not be the forum in which to consider the change in use, but we'd like to let it stand on the record for the Planning Board in case it's decided it's reverted back to you at some point. I'd also like to ask Ms. Geraghty about the HOA, when that was established and if that does indicate that there is a perspectus available for review, which I think the Board would want to see. I know we would be very interested in having the offering plan to see basically how the dock has been treated in the promotion of the properties. It may give some indication as to the future intent of the use of the dock. Is that something that we may be able to request? Ms, Geraghty: Yes. Ms. Hallock: OK. I'm not sure who all would like to speak from Cleaves Point here. Don would you like to? OK, this is Don Henry, he sits on the Board of Cleaves Point Village. Don Henry: I'm also a year-round resident at Cleaves Point and one of the concerns that I have is that originally, the plan was for this to be a private dock for the exclusive use of that particular piece of property and as Sue (or our attorney) mentioned, perhaps 2 or 3 more slips would not be objectional31e. We are talking about 100 feet of waterfront that this dock extends out from and to subject that area to a larger amount of boats and slip spaces, I think it would definitely affect the ecology of the area and it causes us a great concern. Secondly, the amount of traffic it would generate on the water in that area Is also a large concern. True, we have a fairly large dock on one side and there's a fairly large amount of slips on the other side. Those cover a broad spectrum of the waterfront. To increase the density in that particular locale in that short amount of space really is a large concern to us in the community. As was mentioned earlier with the people just coming down Southold Town Planning Board 9 July 19, 1999 walking on the dock - that's not a problem, but the amount of traffic on the water would be of great concern. Chairman Orlowski: That's exactly why we're asking the Trustees to take a look at it. It's in their purview. Any other comments? John Kraus: Again, my name is John Kraus and I have 11 letters of objection from unit owners in Crescent Beach Condominiums which I'd like to submit. Chairman Orlowski: OK. Mr. Kraus: Further, I'd just like to say that in the I0 years since Crescent Beach Condominium has had contact with the initial developer Peter Fakaris of Summit Estates, our relationship has been an extremely problematic one. About 10 years ago, we went home at the end of one summer, came back the following Spring, and found that the 100 foot wide strip that you're talking about that has been designated Parcel C for park and recreation uses of Summit Estates, was raised by 4 feet from the northernmost point where it touches Crescent Beach Condominium by a distance of several hundred feet, And the concrete wall was constructed on the property line, raising, and then backfilled behind it creating a very serious flood zone for Crescent Beach Condominium which resulted immediately in that summer of having floods 5 and 6 feet deep at certain points of the condominium road, adjacent to the condominium structures which we have spent in the neighborhood of, collectively over the years, $35,000 to $45,000 creating a drainage area. We got no address from the town or any surrounding agencies. That 4 foot high wall has since been topped with aggressively growing, closely planted together, pine trees which have obliterated the views of a significant number of waterfront condominiums, and are now threatening to impair the views substantially, of a significant number of additional condominiums. One of the reasons we're here tonight, aside from the particular application, is we're looking for the town government to give us, as residents, the protection that we feel we need to maintain and increase the value of our condominium and the community that we live in. Thank you. Chairman Orlowski: Thank you. Any other comments? Ms. Geraghty: Yes, I'd like to comment with reference to John's statement. As far as the strip itself that pre-dates my involvement with the subdivision. However, I do have all of the files that pre-date my involvement, and I do know that in my files, they had hired people, they had Army Corp of Southold Town Planning Board 10 July 19, 1999 Engineers, they had all of the permits necessary. (Change tape) Everything that was done on that property has permits for. Everything was done according to code. With reference to the views, this happens frequently - I'm in Real Estate 20 years. The real problem here, and it's been an ongoing feud between the condominiums, I must admit, is that the trees are there and inasmuch as they came back one winter and found trees there, we've come back several winters and found the ~rees cut down. They keep cutting the trees so they can get their views. The point is that unless you have ownership of a waterfront piece of property, and that you are able to control a (inaudible of use, trees and so on and so forth -- I'm in the process of building a home right now, and the woman across the street, it was a lot, and she obviously had wonderful views for many years and she's making my life very difficult right now because my home is going to obstruct her views. I feel very strongly that if the condominiums were concerned about an obstruction of views, perhaps they should have also purchased that portion of property to protect their views. I understand where you're coming from, I feel for you, unfortunately, you cannot take the property rights of someone else's because of your views. It's been an ongoing feud because of the trees. I fully anticipated a lot of people here. I do respect, I do understand.your concern about the boats, certainly, I have that concern myself. I asked the Board whatever the Trustees say is the allowable use for the dock I ask that you allow us to have that whether it be 4 slips or whatever the Trustees say it is. But I certainly hope that you will allow the enjoyment of the entire subdivision, the entire Homeowners Association to, when I say utilize, I mean walk along that dock, perhaps go out and fish on that dock, I heard someone else say earlier that they would not be objected to that. And I just hope you allow that use. It is a lot of homes, I do understand that according to the zoning down there is the same as the condominium zoning that you all have. We could have easily put 4 units on that particular area. We didn't do that. We instead decided to give that use of the beach to all of the owners. There are many beaches in Southold that have less frontage than that. I ask that you take that under consideration. Sorry for the loss of your views, sincerely I am, but there's 2 sides to every story. Janet Mitzler: My name is Janet Mitzler and I'm also an owner at Crescent Beach Condominiums and I would like to address some of ~he comments that Ms. Geraghty made and quite frankly, just appeal to the Board and hopefully you can pass it on to the Trustees. Regardless of the comments that she makes, and she is merely a representative, I don't know what power you have over the organization, I don't think a whole lot. You keep in mind Sour:hold Town Planning Board 11 July 19, 1999 that there is nothing benign about anything this organization proposes to do. Everything they have been involved in whether or not they were able to get permits somehow to get something done, has been for their own personal use and desires with no regard to the ecology, to the surrounding neighborhood, to anything that goes on. I would ask you to please keep that in mind because, even you said, you're really not concerned about somebody else's view. We're all concerned about everybody's view. Ms. Geraghty: I didn't say that. Ms, Mitzler: ..,and we're concerned about the ecology. Chairman Orlowski: I don't want this to be a debate. I understand. Any other comments? Patrick Regina: Good evening, I'm Patrick Regina from Crescent Beach Condominiums. When we applied to the Board to put up our dock, they asked us to get an as-built survey to see if we would stay within our water space, which nobody.., let me get this perfectly clear, owns the water. But may l approach the Board with something? Chairman Orlowski: As long as it's not a bomb. (laughter) Mr. Regina: It is bomb, wait until you see this. This is an as-built survey. Before we could put up our dock, we had to stay within our water space. (repeat) Within our water space. I would like you to look at our neighbor's dock. That is the line showing that technically, we own the T. I just would like the Board - and here is a picture that I had specially made up. Crescent Beach was a condominium for a very long time. That is a very pristine area and we did not want this particular water to be disturbed. If it was up to us we wouldn't have a dock. We had no choice. But when this 300 ft. dock came in, picture the property next door being sold and another dock veering across us, we'd be landlocked. We'd be absolutely landlocked. This has been a swim area since 1955. We never even thought of putting up a dock until the condominium was 12 years and one neighbor said "hey guys, you're going to be hurt, if you don't put up a dock, someone's going to landlock you, you'll be trapped, your children will be mowed down by boats". I mean let's face it, we don't know which side they are going to put it on. We respectfully...and I know your job, i've been before the Board, is very difficult. Past Boards have been honest and fair. It's a thankless job. But I Southold Town Planning Board 12 July 19, 1999 really want you to give this consideration. If it was up to us, we'd take down every dock. We'd enjoy the water. But it's not going to happen. Cleaves Point owns, I believe Sue, 1,300 feet? They could put in the Panama Canal. This is 100 feet. We own 2-1/4 feet. Please, I beg of you to think of this. You've seen the pictures, you've seen the as-built survey. We're not here to hurt anybody, we want to be respectful towards our neighbors and all walk in harmony. But we respectfully ask this, really consider this and not have this pristine area destroyed. Thank you, I appreciate it. Chairman: Thank you. That would be a good speech for the Trustees when they address this, so they can get an idea of what's going on. Any other comments? Michael Greenstein: Good evening. My name is Michael Greenstein, I'm a resident of Cleaves Point Condominiums. I also sit on the board of Cleaves Point. First I would like to underscore Mr. Dubin's appeal to the Board that you first determine the ownership of this lot and the dock amenity. Because I believe Ms. Geraghty indicated that it is already owned by the Homeowners Association and that issue has been raised by other speakers and that clearly contradicts what we believe to be the intent of one of the governing covenants. My second point is about the use and size of the dock. Ms. Geraghty indicates that, at this point, they would like to have the dock available to property owners and homeowners in the association to walk out on the dock and to fish on the dock. We have absolutely no problem with that notion. However, it should be noted that this dock, as I think the Board or a speaker pointed out, is 280 feet long. There has already been one application to extend that another 100 feet which was roundly disputed by the governing agencies and I believe that the application was withdrawn. So that would have been 300 or 400 feet of dock. Now, if you like to fish on 400 or 500 feet of dock, that becomes deep sea fishing, To suggest that the use of this dock is for that purpose is to insult all of our intelligences. I think we really need to look at the ultimate purpose of this dock and keep in mind the hazards that are inherent in that use. Thank you very much. Mr. Orlowski: Thank you. Anyone else? Like I said right in the very beginning, we're going to hold this hearing open. I think the Board has the same questions that everyone here has about the ownership and also about the use. The Trustees are going to address that use and we're going to send it over and some of these speeches that you've made tonight would be very Southold Town Planning Board 13 July 19, 1999 good to make to the Trustees when they address it. So right now I'm going to entertain a motion to hold this hearing open. Mr. Ward: So moved. Mr. Cremers: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Unknown: I have one point of clarification. Will there be a public notice of the Trustees hearing on this particular issue? How will it be addressed by the Trustees ultimately? Mr. Orlowski: Well, that's up to the Trustees and I'm sure if they have to have a hearing on this, and I'm guessing that they would, that it would be a public hearing. Unknown: If that were to happen, the Trustees, why don't we give you a copy of the as-built survey so they could observe it before time and digest it and... Mr. Orlowski: Well, I would take that to the Trustees off[ce and talk to the Trustees about it. That's out of our purview and in theirs. Unknown: What's being held open? Just the question about the dock and Covenant and Restriction number 11, or the formation of Section 4, or both? Mr. Orlowsl(i: Both. Actually, as I go on, I'll get to that. I have a motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carded. And while you're all here, I'll just go onto the hearing held over for Summit Estates, Section 4. Summit Estates - Section 4 - Section 4 of this major subdivision is for one 4.3739 acre lot (Lot # 33). The property is located off Shipyard Lane in East Marion. SCTM# 1000-38-7-p/o 10 (a.k.a. SCTM# 1000-35-8-5.3) This too will be held open until such time that the public hearing in accordance with Condition Number 11 of the Declaration of Covenants and Restrictions is concluded, so that's all part of it and we're going to hold that open too. So, I'll entertain a motion. Southold Town Planning Board 14 July 19, 1999 Mr. Ward,. So moved. Mr. L:dwards: Second. Mr. Orlowsl(i: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowsl(i: Opposed? Motion carried. Mr. Cremers: Just one comment, Mr. Chairman. I think the applicant will have to apply to the Trustees. We're not going to pass it to the Trustees, so you will have to do that Donna. PLANNING BOARD M~EMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMER$ KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD sMain Road 179 ork 11971 -3136 765-1938 August17,1999 PLANNING BOARD OFFICE TOWN OFSOUTHOLD Donna Geraghty Victorian Realty 110 Front Street Greenport, New York 11944 RE: Major Subdivision for Summit Estates, Sections 1, 2, 3 & 4 SCTM# 1000-35-8-(5.4.5.18) & 38-7-(8-12) and Summit Estates, Section 4 SCTM# 1000-38-7-p/o 10 (a.k.a. SCTM# 1000-35-8-5.3) Dear Ms. Geraghty: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, August 16, 1999: BE IT RESOLVED that the Planning Board hold the headng in regard to condition number 11 of the Declaration of Covenants and Restrictions open pending review by the Town Trustees in regard to the allowable number of boat slips and the allowable use of the dock for the dockage of boats. The applicant must apply to the Town Trustees in regard to the proposed use of the dock for boat slips and the dockage of boats. The Planning Board will re-open the hearing in regard to the conveyance of the dock upon notification from the applicant in regard to the use of the dock allowed by the Town Trustees. BE IT FURTHER RESOLVED to hold the final headng for Summit Estates, Section 4 open until such time that the public hearing in accordance with Condition Number 11 of the Declaration of Covenants and Restrictions is concluded. The next Planning Board meeting is scheduled for Monday, September 13, 1999, at 7:30 p.m. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman cc: Town Trustees PLANNING BOARD 1VEEMBERS BENNETT ORLOWSKI, JR. Chairman WILLLa2Vi J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM. JR. RICt-IARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York t1971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 281 1999 Donna Geraghty Victorian Realty 110 Front Street Greenport, New York 11944 RE: Major Subdivision for Summit Estates, Sections 1, 2, 3 & 4 SCTM# 1000-35-8-(5.4-5.18) & 38-7-(8-12) and Summit Estates, Section 4 SCTM# 1000-38-7-p/o 10 (a.k.a. SCTM# 1000-35-8-5.3) Dear Ms. Geraghty: The following took place at a meeting of the Southold Town Planning Board on Monday, September 27, 1999: The public hearing which was initiated on July 19, 1999, in accordance with Condition Number 11 of the Covenants and Restrictions, was closed. The following resolution was adopted: WHEREAS, in 1989, Gusmar Realty Corp. made an application to the Planning Board for a major subdivision of 35 lots on 40.822 acres to be know as Summit Estates; and WHEREAS, prior to the submission of the 35 lot subdivision, a residential dwelling and a dock existed on the property; and WHEREAS, after the Planning Board granted preliminary approval to the subdivision application, the Planning Board allowed the applicant to proceed with the final submission in four separate sections (Section 1: Lots 1-10, Section 2: Lots 11-23, Section 3: Lots 24-32 and Lots 34-35 and Section 4: Lot 33); and WHEREAS, the Planning Board granted final approval to Summit Estates, Section 1, on October 4, 1993; and WHEREAS, Summit Estates, Section 1, contained 10 lots on 17.5036 acres, in addition to three (3) parcels of Open Space (Parcel A, Parcel B, and Parcel C) Page 2 SummK E~ates, Sections 1,2,3 & 4 Se~ember28,1999 and one (1) parcel for a Park and Recreation Area (Parcel D), all subject to covenants and restrictions contained in a Declaration of Covenants and Restrictions recorded as part of the subdivision approval; and WHEREAS, Condition Number 11 of the Declaration of Covenants and Restrictions for Summit Estates reads as follows: "The dock, and any further expansion of such, cannot be conveyed separately from Lot No. 33 except by permission of the Southold Town Planning Board after a public hearing, and if such conveyance shall be allowed, it shall be to the owner(s) of the park and recreation area only." and WHEREAS, Lot No. 33, as of this date, is not an approved lot, but is a proposed lot on which the existing dwelling is located and is now known as the pending application for Summit Estates, Section 4; and WHEREAS, Donna Geraghty, as agent for Gusmar Realty, notified the Planning Board in July 1999, that the Summit Estates property owners would like to convey the use of the dock to the Summit Estates Homeowners Association and would like to establish the use of four boat slips; and WHEREAS, the Planning Board referred the applicant to the Town Trustees in regard to the number of boat slips allowed prior to the Planning Board making a determination in regard to the conveyance of the dock ownership to the Summit Estates Homeowners Association; and WHEREAS, in accordance with Condition Number 11 of the Covenants and Restrictions, the Planning Board initiated a public hearing on July 19, 1999, which was held open in order for the Town Trustees review in regard to the allowable number of boat slips and the allowable use of the dock for the dockage of boats; and WHEREAS, the Town Trustees, in a report dated August 23, 1999, stated that the dock was approved by the Trustees as a single family dock, subject to the regulations under Chapter 100-31 C.(3)(a), which states that 'q'here shall be docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use."; and WHEREAS, the public hearing in regard to Condition Number 11 was closed on September 27, 1999; BE IT THEREFORE RESOLVED that the Southold Town Planning Board allow the ownership of the dock to be conveyed to the Homeowners Association subject to the following conditions: The use of the dock for docking and mooring purposes shall be limited to that allowed under Chapter 100-31 C. (3) (a) of the Town Page 3 Summit Estates, Sections 1, 2.3 & 4 September 28, 1999 Code. As per this Section of the Code, no more than two (2) boats other than those owned and used by the owner of the premises, shall use :the dock for docking or mooring purposes. In order to further ensure that the use of the dock for docking or mooring purposes remains similar to that allowed for a single family dock, and does not result in a marina type use for boats owned by the Summit Estates Homeowners Association, the Planning Board is requiring that the docking or mooring or boats be limited to the area of the existing "T" portion (the area which is parallel to the shoreline) of the dock. The attached Exhibit "A" indicates the "T" portion of the dock. Exhibit "A" is to be made a part of this resolution. The Zoning Board of Appeals in a decision for a different matter, clarified for the purposes of interpretation that "for the purposes of Section 100-31 C. (3) (a), an owner of a parcel of land shall be an individual, a partnership, corporation, cooperative, or other entity, or a combination of the above, as a single unit." Therefore, the Planning Board's decision is further clarified to mean that no more than 2 boats other than those owned and used by the Summit Estates Homeowners Association shall use the dock for docking or mooring facilities. All members of the Summit Estates Homeowners Association shall have the right to use the dock for purposes other than that of docking and mooring of boats. These uses shall include, but not be limited to, uses such as walking on the dock and fishing from the dock. The Declaration of Covenants and Restrictions for the Summit Estates subdivision shall be amended to include the above mentioned conditions of approval. A draft Declaration must be submitted for the Planning Board's review and approval prior to the recording of the document in the County Clerk's Office. The Summit Estates Homeowners Association Offering Plan must be amended to include the above mentioned conditions of approval. A copy of the amendment must be submitted for the Planning Board's review and approval prior to the recording of the document. The Town Tax Assessors must be notified of the conveyance of the ownership of the dock to the Homeowners Association for assessment purposes. Verification that the Tax Assessors have been notified of the change must be submitted to the Planning Board. BE IT FURTHER RESOLVED that the Planning Board hold the final hearing for Summit Estates, Section 4 open until such time that Conditions Number 3, 4 and 5 of the approval in regard to thepublic hearing in accordance with Condition Number 11 of the Declaration of Covenants and Restrictions are fulfilled to the Page 4 Summit Estates, Sections 1, 2, 3 & 4 September 28, 1999 satisfaction of the Planning Board. The next Planning Board meeting is scheduled fdr October 18, 1999. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. / ~ Chairman cc: Town Trustees eric. ,0 I. 7 g~ 97.34' ~----~ 88'30'49" W "-T" ?o~,"rlo~J oF ooc~ 357il 11955 1;460 $rv .. .TORRENS APR 05 semi* CLEKK OF i T~R T~ SUFFOLK COUNTY Ccmfi~te ~ EA-J217 (Coumy) ' Sub TO~I ~ -~ .... A[fi~v~ ' ' ~ Tr~sfer T~ O~cr Sub To~ ~, dwelling only ' ~ ~orNO ~rJ,,~'~ R.al Prop.~y Tax Service Agency V.r ficatlon 6 ~Be Company Info--lion ~ Dist. ] Section ~ Block t / ~ 8 ~ ~E PAID BY: ~ ~ ~ ~ W' Payers~e~R&R (or if different1 ~ ADD.SS: RECORD & ~TURN TO ~ (ADDRESS~ 9 Suffolk County Recording & Endorsement Page %is page fo~s p~ of ~e at~ched --, mad,: by. (SPECIFY T~E OF IN~U~ ' ~ ~ [ ~t~ ~O~3 ~cpremiscshem~is situated in S~OLK COU~; ~W YORK, TO ~ me Tow~p of In m~ V~LAGE or H~ of BO~ T~U 9 MU~ BE TYPED OR PROD ~ BLACK ~K O~Y P~OR TO ~CORDING OR ~G. July 26, 1999 Southold Trustees Albert Krupski PO Box 728 Southold, NY 11971 RE: Summit Estates - East Marion, NY SCTM#1000-38-7 p/o 10 Dear Mr. Krupski: 11939 On Monday, July 19, 1999, Southold Town Planning Board held a public hearing with reference to the ownership and the use of the existing dock located on the property owned by the homeowners association of Summit Estates, East Marion. The covenant and restrictions require a public hearing for condition #11. The dock, and any future expansion of such, cannot be conveyed separately from lot number 33 except by permission of the Southold Town Planning Board after a public hearing, and if such conveyance shall be allowed, it shall be to the owner(s) of the park and recreation only. I am enclosing copies of all of the permits to construct the dock which clearly show Gus-Mar Realty and Peter Fakiris as the owners of the dock in question (see enclosures). Mr. Fakiris was the owner of the home located on lot number 33 at the time the dock was built and therefore was the only user of the dock. We would like to convey the use of the dock to the homeowners association so that all may have the quiet enjoyment of the dock and establish the use of four boat slips of which one would be used by lot number 33. If this is an acceptable use in accordance with the trustees, we ask that you please respond in writing and forward your response to the planning board. Very Truly, Donna Gera~ h~~ cc: Southold Town Planning Board 110 FRONT STREET, GREENPORT, NY11944 - (516) 477-2730 . FAX (516) 477-8643 EAST HAMPTON OFFICE 20 MAiN STREET EAST HAMPTON. N.Y. 11937 [516) 324-1200 TWOMEY, L ATHAM ~ S HEA ~t~ KELLEY ~ LLP ATTORNEYS AT LAW 33 WEST SECOND STREET P.O. BOX 398 htr p://www.suf folklaw.corn e-mail: ddubin~su f fol 'klaw.com July 19, 1999 VIA FACSIMILE and FIRST CLASS MAlL Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Proposed Major Subdivision for Summit Estates - Sections 1, 2, 3 & 4 SCTM//1000-38-7-(10-12) and 35-8-(5.4-5.18) Dear Chairman Orlowski and Board tvlembers: This firm has been retained by Cleaves Point Condominiums and Crescent Beach Condominium, which are situated immediately adjacent to the east and west respectively of the subject premises. The purpose of this letter is to identify certain objections that these homeowners maintain to the applications presently before the Planning Board, i.e., seeking permission (i) to segregate and designate Lot No. 33 as a ne~v section in the proposed subdivision (Section 4), and (ii) to allow four (4) slips off the dock, two slips for Lot No. 33 and two slips for "the developer". As explained below, we feel that setting off Lot No. 33 as a new section is premature, and permission to allow four (4) slips off the dock should be ~eferred to the Town Trustees or Zoning Board for a variance of the requirements of the Town Code. At the outset, it should be noted that Condition No. 11 of the Declaration of Protective Covenants and Restrictions for Summit Estates, entered bv Mr. Fakiris on .Iuly 17, 1992, and recorded on July 23, 1992, provides as follows: Bennett Orlowski, Jr. July 19, 1999 Page 2 "The dock, and any future expansion of such, cannot be conveyed separately from Lot No. 33 except by permission of the Southold Town Planning Board after a public hearing, and if such conveyance shall be allowed, it shall be to the owner(s) of the park and recreation area only." A review of the Suffolk County Clerk's records reveals that there has been a conveyance that has occurred without a public hearing as required by Condition No. 11 of the Declaration of Covenants and Restrictions. BV deed dated September 15, 1995 and recorded on November 14, 1995, Mr. Fakiris conveyed the property to Peter Mourkakos. A copy of the deed from Mr. Fakiris to Mr. Mourkakos is enclosed. For the record, Mr. Mourkakos flipped the property to Gusmar Realty Corp. by deed dated September 19, 1995, but not recorded until April 5, 1999, reserving to himself Lot No. 33. A copy of that deed is also enclosed. With respect to the applicant's request to the Planning Board for permission to allow four (4) slips off the dock extending from Lot No. 33, such request exceeds the Town Code's requirement that a private residential dock is restricted to no more than two boats other than those owned by the owner and his immediate family. See, Town Code §100-31(C)(3). On this subject, it should be recalled that, back in 1992, the applicant (Mr. Fakiris) attempted to extend his dock and its usage. The matter was referred to the Town Trustees and to various other agencies. At that time, the President of the Town Trustees stated that the use of the dock by more than two boats other than those of the owner and his immediate family "would be a violation of the Town's Zoning Ordinance." A copy of the Town Trustees' letter dated April 9, 1992 is enclosed. The Town Trustees also stated that the proposed extension would provide for "an extremely large facility and if built would be equal to a marina and could impede navigation to neighboring docks." A copy of the Town Trustees' letter dated January 16, 1992 is enclosed. In addition, the Director of the Division of Coastal Resources & Waterfront Revitalization of the Department of State stated that "onlv boats owned by Mr. Peter Fakiris are to be moored at the proposed private dockihg facility." A copy of the Director's letter dated April 24, 1992 is enclosed. Moreover, the applicant at that time stated that the "intended use of said dock is for the exclusive use of Mr. Fakiris, for the purpose of doc-king his o,vn boats." A copy of Ms. Geraghty's letter dated May 5, 1992 is enclosed. Bennett Orlowski, Jr. July 19, 1999 Page 3 For these reasons, we respectfully request that the issues of the permanent ownership of the dock and its usage should be resolved before the Planning Board takes any further steps in connection with this matter, and that the applicant should be directed to apply to the Town Trustees and/or the Zoning Board for a variance of the Town Code if it seeks to use the dock by more than two boats other than those owned by the owner. Given the Town's concern for shellfish and watercraft safety, we believe that these issues should be addressed at this time, especially since' it appears that "the developer" is advertising that 35 homesites will have "boating" (see enclosed). We would appreciate your including this letter as part of the record of the referenced application, and we thank you for the opportunity to comment on this matter. DMD/lmk Enclosures cc: Cleaves Point Condominiums Crescent Beach Condominium THIS [NDE~U~, Md: ~he ,'~ day o[ September . ninc£e:n hundred and ninety-five PANAGIOTIS MOURKAKOS, residing at 180 Elder Avenue, Bergenfield, New Jersey par~v o[ he 6rst p~r~, and GUS~4AR REALTY CORP., with offices at i3-07 37th Avenue, Long Island City, New York <,., 035.00 ~o,,, 005. and 1000 SEC. O38.00 BLK. 07.00 ~/o 010.000 parly o2 the second part, wrr~'P~,th~t/hcParlv° the first part, lnconslderalionot' TEN and nO/100ths ($10.00) ..................................................... 'dollars, Iaw[ul money of thc Un[ted States, and other valuable consideration pa~d lying and beingX~FaH at East Marion, Town of Southold, Count~ of Suffolk and State of New York, bounded ~Lnd described as follow~: ' Parcel 1': BEGINNING at a point on the easterlyside of Chios Lane, said ~oint being the followin9 four (4) courses and distances as measured alon9 the easterlyside of Chios Lane from the southerly terminus of a curve connecting the easterlyside of Chios Lane and the northsrlyside, of Marina Lane: i. along the arc of a curve to the right hav~ing a radius of 40.00 feet a distance of 62.83 feet, 2. North 35 deg. 44 min. ~2 sec. West 79.01 feet, 3. alon~ the arc of a curve to the ri9ht havin~ a radius of 40.00 feet a distance of 34.53 feet, 4. along the arc of a cur~ to the left having a radius of 60.00 feet a distance of 78.56 feet; RUliNG thence from said point of Be~inl%ing along the northerly and westerly side of Chios iane the following four (4) courses and distances: 1. along the arc of a curve to the left havin9 a radius of 60.00 feet a distance of 213.52 feet, 2. alon9 the arc of a cu_~-e to the right havin~ a radius of 40.00 feet a distance of 34.53 feet, 3. South 35 de~. 44 min. 22 sec. East 404.01 feet, 4. along the arc of a cur~ to the left having a r~dius of 170.32 feet a distance of 180.30 feet to a Recharge Basin as designated on Subdivision Mab of "Su~t Estates, Section 1" filed in the Office of the Clerk of Suffolk County as File Number 9426; RUNNING thence along the Recharge Basin, "SUam~t Estates, Section 1" the foll~ing t%~o (2) courses and distances: 1. South 06 deg. 23 min. 29 sec. East 127.40 feet, 2. South 55 deg. 27 min. 28 sec. West 200.18 feet to land now or formerly of Otto and June Schoenstein; RUNNING thence North 34 de~. 32 min. 32 sec. West along land nov or formerly of Otto and June Schoenstein, land now or formerly of Constantine and D~_~etios Hartofilis and land now or formerly of Theodora G. and Mary Miller a distance of 274.21 feet to a point; RUNNING thence North 35 deg. 44 min. 22 sec. West still alon9 land now or formerly Theodore G. and Mary Miller, land now or formerly of Kevin Robert and Anne Marie McElroy, and land now or formerly of Larry D. and Allison C. Bouts a distance of 665.24 feet to Parcel "A" Open Space, "Summit Estates, Section 1"; RUNNING thence North 54 deg. 15 min. 38 sec. East along Parcel "A" Open Space, "Summit Estates, Section 1" a distance of 346.24 feet to land now or formerly of New York State Department of Public Works; RUNNING thence South 33 deg. 35 min. ~8 sec. East along land now or formerly of New York State Department of Public Works a distance of I34.21 feet to Lot 10, "Summit Estates, Section 1"; RUNNING thence South 28 deg. 4] min. 56 sec. West along Lot 10, "Summit Estates, Section 1" a distance of 102.09 feet to the ~oint or place of BEGINNING. CONTAINING an area of 4.4671 ACRES.t BEGINNING at a Roint on the westerly side of Shipyard Lane, said ~oint being situate the following three (3) courses and distances as measured along the westerly side of Shipyard Lane from the northerl} terminus of a curve connecting the southerly side of Marina Lane with the westerly aide of Shipyard Lane: 1. along the arc of 40.00 feet a distance of 2. South 37 de9. 45 3. South 37 deg. 06 a curve to the right having s radius of 62.83 feet, min. 52 sec. East 103.50 feet, min. 12 sec. East 9.98 feet; RUNNING thence from said point of Beginning along the westerly side of Shipyard Lane the following two (2) courses and distances: 1. South 37 deg. 06 min. 12 sec. East 822.54 feet, 2. South 36 deg. 5I min. 12 sec. East 43.12 feet to land now or formerl}, of Parkside Heights Co.; RUNNING thence South 54~de9. 06 min. 18 sec. West along land now or formerl~ of Parkside Heights Co. a distance of 293.40 feet to land designated as Parcel "C" Open Space, "Summit Estates, Section 1" filed in the Office of the Clerk of Suffolk County as File Number 9426; RUNNING thence along Parcel "C" Open Space and Parcel "D" Park and Recreation Area, "Summit Estates, Section 1", the following five (5) courses and distances: 1. North 36 deg. 51 min. 12 sec. West 206.96 feet, 2. along the arc of a curve to the left having a redius of 810.00 feet a distance of 100.32 feet, 3. South 36 deg. 51 min. 12 sec. East 758.07 feet, 4. South 54 deg. 06 min. 18 sec. West 203.55 feet, 5. South 10 deg. 39 min. 48 sec. West 33.01 feet to land now or formerly of Crescent Beach Condominium; RUNNING thence along land now or formerly of Crescent Beach Condominium, land now or formerly James P. Ksvana9h, land now or formerly James P. and Kathleen Kavanagh, land now or formerly of Fred R. and Jennie Schoenstein and land now or formerl} John and Marpuerita Tam Aexel the following four (4) courses and distances: 1. South 84 deg. 35 min. 38 sec. West 250.00 feet, 2. North 34 deg. 40 min. 32 sec. West 427.54 feet, 3. South 57 deg. 39 min. 28 sec. West 87.89 feet, 4. North 34 deg. 32 min. 32 sec. West 352.56 feet to a Recharge Basin as designated,on Subdivision Map of "Summit Estates, Section 1"; RUNNING thence along Recharge Basin "Summit Estates, Section 1" the following four (4) courses and distances: I. North 55 deg. 27 min. 28 sec. East 160.97 feet, 2. North 20 deg. 18 min. 14 sec. East 173.64 feet, 3. North 76 deg. 22 min. 24 sec. West 118.03 feet, 4. North 06 deg. 23 min. 29 sec. West I15.00 feet to the southerlf side of Chios Lane; RUNNING thence along the southerly, easterly, northerly, and again on the easterly side of Chios Lane the following four courses and distances: 1. along the arc of a curve to the left having a radius of 170.32 feet a distance of 35.58 feet, 2. North 25 deg. 06 min. 12 sec. West 50.00feet, 3. along the arc of a curve to the right having a radius of 120.32 feet a distance of 166.66 feet, 4. North 35 deg. 44 min. 22 sec. West 45.00 feet to Lot 7, "Summit Estates, Section 1"; RUNNING thence along Lot 7, Lot 6, Lot 5 and Lot 4, "Summit Estates, Section 1" the following five (5) courses and distances: 1. North 54 deg. 15 min. 38 sec. East 161.50 feet, 2. North 69 deg. 05 min. 45 sec. East 90.15 feet, 3. North 52 deg. 14 min. 08 sec. East 201.23 feet, 4. North 37 de~. 06 min. 12 sec. West 63.84 feet, 5. North 52 de§. 53 min. 48 sec. East 200.00 feet to the westerl~ side of Ship}ard Lane and point or place of BEGINNING. CONTAINING an area of~:lS.851B ACRES. EXCEPTING AND RESERVIN_~G IN AND TO THE PARTY OF THE FIRST /~o~_~.~ PART the fo~lb-wing described premises: Ail that certain plot, piece, or parcel of land with the buildinBs and improvements thereon erected, situate, lyin9 and bein9, at East Marion, Town bf Southold, County of Suffolk and State of New York, known and designated as Lot 33 on an unfiled subdivision ma~ entitled "Su~mit Estates, Section 3", bounded and described as follows: BEGINNING at a ~oint 6n the ~outherly side of Gus Drive, said ~oint being situate the follbwin9 three (3) courses and distances as me3sured along the southerly side of Gus Drive from the southerly terminus of a curve connecting the westerly side of Shipyard Lane with the southerl) side of Gus Drive: 1. along the arc of a curve to the left having a radius of 40.00 feet, a distance of 62.83 feet, 2. South 52 deg. 53 min. 48 sec. West 248.00 feet, 3. along the arc of a curve to the left having a radius of 810.00 feet, a distance of 104.94 feet; RUNNING thencefrom said point of B~ginning along land known and designated as Parcel "C" Open Space and Parcel "D" Park and recreation Area on Subdivision Map "Summit Estates, Section 1" filed in the Office of the Clerk of Suffolk Count~ as file number 9426 the following three (3) courses and distances: 1. South 36 deg. 51 min. 12 sec. East 758.07 feet, 2. South 54 deg. 06 min. 18 sec. West 203.55 feet, 3. South 10 deg. 39 min. 48 sec. West 33.01 feet to land now or formerl~ of Crescent Beach Condominium; RUNNING thence along land now or formerlf of Crescent Beach NICHOLAS G. SEKAS ALBERT L. BUZZETTI ELIZABETH M. ALVAREZ DOUGLAS J. JONES JOHN P.TIERNEY * MEMBER OF: NJ BAR. · NY BAR ~' NJ ~. NY BARS * NJ, NY ~. CT BARS ~ SEKAS & BUZZETTI, L.L.C. Aq~FORNEYS AT LAV~' 540 SYLVAN AXrENUE SUITE 2 l ENGLEWOOD CLIFFS. NE~' JERSEY 07632 (201) $16-1333 FACSIMILE (20l) 816-1522 NEXV YORK OFFICE [35 XVEST 30TH STREET NEW YORK, NEV~~ YORK 10001 (212)695-7577 July 7, 2000 Charlotte Cunningham Southhold Board of Trustees P.O. Box 1179 Southhold, NY 11971 RE: ?anagiotis Mourkakos to Ioannis Kordistos Property: 1800 Shipyard Lane, East Marion, NY 11939 Our File No. 4440 Dear Ms. Cunningham: Please be advised that I represent Panagiotis Mourkakos in connection with his sale of the above captioned property. Please provide me with any and all copies of Resolutions and Developer's Agreements regarding the construction and approval of the dock associated with the above property. If you should have any questions or require information, please do not hesitate to c~2~t~ me. Thank you your attention and professional coope~tion__to~matter. ekas NGS/ch VIA FACSIMILE (631) 765-1366 AND REGULAR MAIL cc: Panagiotis Mourkakos further for STATE OF NEW YOrK DEPARTMENT OF STATE ALBANY. N.Y. 12231 -O001 April 24, 1992 Ms. Tanya Lachenmeyer Land Use Company 2576 Sound Avenue Baiting Hollow, New York 11933 Re: E-91-542 U.S. Army Corps of Engineers/New York 'District 'Permit Application'~91-925~L2 Peter Fakiris Town of Southold Suffolk County Dear MS. Lachenmeyer: The Department of State has completed its evaluation of your Federal Consistency Assessment Form and certification that the above proposed permit activity complies with New York State's approved Coastal Management Program, and will be conducted in a manner consistent with this program. Pursuant to 15 CFR Section 930.63, and based upon the project information submitted, the Department of State concurs with your consistency certification subject to the following conditions: 1. The facility will not be used for commercial purposes at any time. 2. Only boats owned by Mr. Peter Fakiris are to be moored at the proposed private docking facility. This concurrence is without prejudice to, and does not obviate the need to obtain all other applicable licenses, permits, and approvals required under existing State statutes. A copy of this decision has been sent to the Corps of Engineers. GRS:MP:mm cc: COE/NY District - Roberto Barbosa NYS DEC/Region I - Robert Greene Town of Southold - Bennett Orlowski Condominium, land now or formerly of James p. Kavanagh and land now or formerl~ of James P. Kavsnagh and Kathleen Kavanaph the following two %2) courses and distances: 1. South 84 deg. 35 min. 2. North 34 deg. 40 min. "Summit Estates, Section 3"; 38 sec. West 250.00 feet, 32 sec. West 293.32 feet to Lot 30, RUNNING thence along Lot 30, Lot 31, and Lot 32, "Summit Estates, Section 3" the followin9 three (3) courses and distances: 1. North 55 deg. 19 min. 28 sec. East 200.I7 feet, 2. North 25 deg. ~3 min. 48 sec. East 202.45 feet, 3. North 36 deg. 51 min. 12 sec. West 260.00 feet to the southerl~ side of Gus %';ay; RUNNING thence alonG the arc of a curve to the right having s radius of 810.00 feet, along the southerly side of Gus Drive a distance of 50.70 feet to the point or place of BEGINNING. CONTAINING an Area of~7~] SUBJECT to an easement for ingress, egress and the installation of utilities over a portion of the above described parcel as designated on Subdivision Map of "Summit Estates, Section 1", more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Shipyard Lane, said point being situate the following three (3) courses and distances as measured along the westerly side of Shipyard Lane from the northerl) terminus of a curve connecting the southerly side of Marina Lane with the westerly side of Shipyard Lane: 1. along the arc of a curve to the right having a radius of 40.00 feet a distance of 62.83 feet, 2. South 37 deg. 45 min. 52 sec. East 103.50 feet, 3. South 37 deg. 06 min. 12 sec. East 572.48 feet; RUNNING thence from said point of Beginning South 37 deg. 06 min. 12 sec. East alonG the westerl) side of Shipyard Lane a distance of 130.00 feet to a point; RUNNING thence through ~he above described parcel the following three (3) courses and distances: 1. along the arc of a curve to the left having a radius of 40.00 feet a distance of 82.83 feet, 2. South 52 deg. 53 min. 48 sec. West 248.00 feet, 3. along the arc of a curve to the left having a radius of 810.00 feet a distance of 4.62 feet to Parcel "C" Open Space, "Summit Estates, Section RUNNING thence along the arc of a curve to the left having a radius of 810.00 feet along Parcel "C" Open Space, "Summit Estates, Section I", a distance of 100.32 feet to a point; RUNNING thence through the above described parcel the following five (5} courses and distances: 1. alonG the arc of a Curve to the left having a radius of 810.00 feet a distance of 31.36 feet, 2. North 46 deg. 44 min. 42 sec. West 50.00 feet, 3. along the arc of a curve to the right having a radius of 860.00 feet a distance of 144.72 feet, 4. North 52 deg. 53 min. 48 sec. East 248.00 feet, 5. along the arc of a curve to the left having a radius of 40.00 feet a distance ~f 62.83 fe~t to the westerly side of Shipyard Lane and poin~ or place Of BEGINNING. TOGETHER w~th a right of way for ingress, egress and the installation of utilities over Marina Lane and Chios Lane and the Recharge Basin as designated on Subdivision Map of "Summit Estates, Section TOGETHER with a right of way over lands as shown as Parcel - "A" Open Space, Parcel "B" Open Space, Parcel "C" Open Space and Parcel "D" Park and Recreation Area On Subdivision MaD of "Summit Estates, Section 1". BEING AND I~ITENDED TO BE part of the same premises described in deed to the part~ of the first Dart herein from deed dated September 15, 1995, and recorded ~boG. % ~, , 1995, in Liber ~%~% cD ~ in the Offic~ of the Suffolk Countt Clerk. OperatioRs Division Regulatory Branch DEPARTMENT OF THE ARMY NEW YORK DISTRICT. CORPS OF ENGINE JACOB K. JAVITS FEDERAL BUILDIN NEW YORK, N.Y. 10278-0090 SUBJECT: Department of the Army Permit No. I,/~Q :'~r. Pe~=r 13-07 37tn Avenue Long Island ~'t¥. Dear Mr. Fakiris: Enclosed is a Department of the Army permit for your proposed work. Please display the enclosed Notice of Authorization sign at your work site. You are required to submit to this office the dates of commencement and completion of your work . Enclosed are two postage paid postcards for you to use to submit the required dates. For permits authorizing construction and/or installation of pile supported or floating structures, the permittee hereby recognizes the possibility that the structure permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking 911 proper steps to insure the integrity of the structure permitted herein and the safety of boats moored thereto from damage by wave wash, and the permittee shall not hold the United States liable for any such damage. Passing vessels will not be required to alter their Current procedures to reduce the wake caused by their operation, which may impact the structure authorized by this permit. If, for any reason, a change in your plans or constructkon methods is found necessary, please contact us immediately to discuss modification of your permit. Any changes must be approved before they are undertaken. Enclosure 2 '"7 '1 ............. $,.~uu<~D ~, ~,~. - .$'x'~ ~ '.~: c~.~a,,l s^~o '¢ e 'D / '~ ¢ /~ '.r 13 AT. II .,',/ I c t~ iTy I"'IAP EL, Io-o ~ t.~/ o. aD '1 .... ' ~ This n. otice of authorization must be conspmcuously diSplayed at the site of work. United States Army Corps of Engineers February 11, 1 9, 88 Install a fixed "T" shaped timber pier, in Gardiners Bay permit to. _ East Marion, Town of Southold, Suffo)k County, New York has been issued to. Peter Fakiris onFeb 11..19 88 Address of Permittee 13-07 37th Avenue, Long Island City, NY 11101 MARION L. CALDWELL, Sr. Colonel, Corps of Engineers District Commander Permit Number [14718 I · " .ENG FORM 4336 Jul 81 (EM 1145-2.303) EDITION OF JUt. 70 MAY lie USE0 DEPARTMENT OF THE ARMY PERMIT Permit~e Peter Fakiris Per.~t No. 14718 13-07 37th Avenue, Long Island City, New York 11101 (718) 392-6858 k~uingOffice NY D~tr~ct C~p~ of Engineers (Public Notice No. 13047-87h0086_L2) NOTE: The term "you" and it~ derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate offic/a/of fha[ office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the tern~ and condition~ specified below. ~o~ctDe~cr/ption: Install a fixed "T"-shapcd timber pier measuring 200 -feet by 4 feet with a "T" measuring 6 feet by 50 feet; with 4 atten~a6t mooring piles. Project Location: Pe~nit Condition~: IN: Gardiner~ Bay AT: East'Marion, Town of Southold,'New York General Condition~ : l. The time limit for completing the work authorized end~ on ll February 1991 It' you find that you need more time to complete the authorized act[vlty, ~ubmlt your request for · time extension to thil office for conJlderation at least one month before the above date ;- reached. 2. You must maintain the activity authorized by thi~ permit in good condition and in conformance with the terms and condi- t~on~ of this permit. You are not relieved of this requirement if you at~ndon the permitted activity, e~thouih you may make a good faith transfer to a third patty in compliance with General Condition 4 below. Shou/d you wi~h to cea~ to ma/nt~n the author/zed activ/ty or should you de,ire to abandon it without · goo~ faith trart~fer, you must ob[aln a modification of th;- ~errnit from thi~ office, which may require restoration of the area. 3. If you d/~cover any previo~iy unknown h/~tor/c or archeolo~c~ ~main~ while accompl/~hin~ the activity author/zed by this pea'mit, you must [mmedlately notify thia office of what you have found. We will initiate the Federal and ·tare coordina- tion required to determine if the rema/n~ warrant a recovery effort or if the ~ite [~ eJig/hJe for listing in the National Reglater of H/·~.oHc Place~. 1522-15 (Gardiners Bay, - Fakirls, Peter - Pier). ! (33 CFR 325 (Appe.dL~ A)) 4. If you sell the property a.~ociated with this permit, you mu~t obtain the signature of the new owner in the space provided and forw~d a copy of the p~rmit to this office to validate the tramlfet of thi` authorization. 5. If a conditioned water quality certification has been /~ued for your project, you must comply with the condltion~ specified in the certification a~ special conditions to this permit. For your convenience, a copy of the certification is attached if it con- ta/n~ such condition~. 6. You mt:st allow representatives from this office to in~pect the authorized activity at any time deemed necessary to ensure that it is being or h~ been accomplished in accordance with the terms and conditions of your permit. Special Conditions: filling activities are authorized by this permit. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: Section 10 of the River~ and Harbor~ Act of 1899 (33 U.S.C. 403). Section 404 of the Clean Water Act (33 U.S.C. 1344). Section 103 o(' the Marine Protection, Re,earth and Saoctuaritm Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization· a. This permit does not obviate the need to obtain other Federal, state, or local suthorization~ required by law. b. Thi~ permit does not/refit any prop~rk ts or exclualv ege~. ..... .. ,, ... ...... : .. ~ .. c. This permit does not authorize &ny inju~-/to the property or ri~ht~ of other~ d. This permit does not authorize interference with any existin[ or proposed Federal project. 3, Limits of Federal Liability. In issuing this permit, the Federal Government does not muse any liability for the followini; m. Damages to the permitted project or uses thereof u a resul~ of other permitted or unpermitted activities or from natural b. Damages to the permitted project or ufes thereof as · result of current or future scaly/ties undertaken by or on behalf of the United States in the public interest. . .. ..~ ¢. Damage~ to pennons, property, ot to other permitted or unpermitted ·ctlvities or structures caused by the actlv/ty d. Design or construction deficiencies a~loc/ated with the permitted work. e. Da/~age claims a~ocieted with any future modification, suspension, or revocation or thi, permit. 4. Reliance on Applicant's Data: The determination of this office that /~uance of this permit i, not contrary to the public interest wa~ made in reliance on the information you provided. 5. Reevaluation of Permit DecJaion. Thi~ office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the foIl~wtng: a. You rail to comply with the terms and conditions of this permit. b. The information provided by you ~n support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). Significant new information ,urfac~ which this office did not consider in reaching the orig/nal public interest decision. Such a reevaluation may result in a determination that it is appropriate /o t~e the suspension, modification, and revocation procedures contained in 33 CFR. ag5.? or enforcement procedure~ such a~ tho~ contained in 33 CFR :]26.4 and 326.5. The referenced enforcement procedt~re~ provide for the iuuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal sctlon where appropriate. You will be required to pay for any corrective measures ordered by this office, and it' you fall to comply with such directive, this office may in certain situations (such aa those spec/fled in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the 6. Extensions. General condition i establishes a time limit for the completion of the activhy authorized by this permit. Unless there are circumstances requiring either a prompt completlon of the authorized activity or a reevaluation of the public interest dec/sion, the Corps will normally g/va favorable consideration to a request for an extension of this time limit. Your signature below, a~ permittee, indicates that you accept and agree to comply with the terms and condition~ of this permit. (PERMITTEE) ~ETER FAKI~IS ' I - This.~/~lt l~ecomes effective when the~Federal official, desi/nat~d to act for the Secretary of the Army, ha~ signed below. IDISTRICT E.\'~I.\'EER)..'4 ~.,~ b,,, ~.q:~ OJ~" (DATE) ,. / When the structures or work authorized bt,' this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to he binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with ils tetras and condition~, have the transferee sign and date below. ( TR A A'SFER EE) (DA TE) 3 aU S GOVERNMENT PRINTJNG OFFICE: New York State Department of Environmental Conservation Regulator~ Affairs Unit Bldg. 40, SUlk', Rm. 219 (516) 751-7900 t OEC ? -~ l~8T Thomas C Jorling Commissioner Peter Fakiris 'c/o Gusmar REalty Corp. 13-07 37th Ave. Long Island City, NY 11101 December 16, 1987 Re: Permit No.10-87-0016 Dear Mr. Fakiris: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 62]) we are enclosing your permit. Please read all conditions Carefully. .If you are unable to comply with any conditions~ please contact us at the above address. Also enclosed is a permit sign which is to be Conspicuously. posted at the project site and protected from the weather. Very truly yours, Dennis W. Cole Sr. Env. Analyst DWC:rw enclosure 10-87-0016 N/A -- Article 15. Title 3; 6NYCRR 327, __ 328, 329: Aquatic Pesticides Article 15. Title 5: Protection of Water 1 Article 15, Title 15: Wa[er Supply I A~:cte 15. Ti[lo tS: Water Transpor'[ Article 15, Title 15: Long Island Wells -- Article 15. Title 27: __ Wild. Scenic and Rec,eational Rivers PERMIT Under the Environmental Conservation Law [~ 6NYCRR 608: Water Quality Certification ~-~ Article 17, Titles 7. 8: SPDES -- Article 19: __ Air Pollution Coo,roi' -- Article 23, Ti;[e 27: Mined Land Reclamation ['~ Article 24: Freshwater Wetlands N--New, R--Renewal. M-Modification. C-Construct {*only), O--Operate (*only) EFFECTJVE DArE 12/,16/87 EXPIRATION DATE[~) 12/31/88 Article 25: · .. Tidal Wetlands -- Ad/cie 27, Title 7; 6NYCRR 360: __ Solid Waste Management' Article 271 Title 9; 6NYCRR 373: . Hazardous Waste Management Arhcle 34: Coastal Erosion Management -- Article 38: __ Floodplain Management --1 Articles t. 3. 17. 19. 27. 37; ! §NYCRR 380: Rod/orlon Control PER.~41T ISSUED TO Peter Fakiris c/o Gusmar Realty Corp. 13-07 371h Ave., Long Island City, NY 11101 ACEN'~ FOR PER.%IITTEE,CONTACT PERSON N/A TELEPHONE NUMBER NAA4E AND ADDRESS OF PROJECT/FACILITY (If different troen Perm,nee) LOCATION OF PROJECT/FACILITY East Marion cou.w I ~'OWN/Cm.',,.,~.X~ I UTMCOOem.^rES Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY Construct a 200' x 4' dock wtth a 6' x 50' "T" at its terminus in accordance with the N'YSDEC approved plans sheets 1 & 2 attached. GENERAL CONDITIONS ~lfred T. Kellar Stony Brook, NY 117c24 B~ / TO. Th. at ,f fulr~re operations by the State of New York require an al- walers or flood flows or endange, the health, satety or welfare of resources o[ the State. the owner may be ordered by the Oeoartment to modificauon of the watercourse hereby authorized shall not be com- '12. Cranting of this permit does not rellevc the applicant of the the U.S. Army Corps of Engineers. U S. Coast Cuard. New York State Office of CeneraJ Services or local government which may be required. of any wetland or waterway by suspended solids, sediments, fuels. Any material dredged in the prosecution of the work herein perm,teed the bed of a waterway or floodplain or deco holes that may have a 01'1 SPECIAL CONDITIONS I. There is to be no dredging associated with chis project. 2. There is to be no excavation of the beach associated with chis project. Supplementary Special Conditions (A) ~rough (J) attached.' 10-87-0016 N/A Page 2 of 3 SUPPL~2tEMTAi{Y SPECIAL C0~ITIONS The following conditions apply to all permits: A. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address and telephone noted below. B. A copy of this permit or approval and supplementary conditions shall be available at the project site whenever authorized work is in progress. C. The permit si~n enclosed with the permit or a copy of letter of approval shall be protected from the weather and posted in a conspicinus location at the work site until completion of authorized work. D. At least 4B hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of completion of the permitted work, the bottom portion of that form shall a!zo be completed and returned. E. For projects involving activities to be accomplished over a period er more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours to the commencement of resumption of work each year. F. If project design modifications take place after permit issuance,.the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require sub- mission of a new application for permit. G. All necessary precautions shall be taken to preclude contmm{nation of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the prpJect work. H. Any failure to co~ply precisely with all of the terms and conditions of this per=it, up, ess authorized in writing, shall be treated as a violation of the Enviro~mental Conservation Law. I. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions Branch), prior to commencement of work authorized herein. $. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242, which may be required for any encroachment upon State-~wned lands under water. Regional Permit Administrator NYS Dept. of Environmenta3- Conservation Bldg. 40, SUNY--Room 219 Stony Brook, NY 11794 (516) 751-7900 DEC # 10-87-0016 page 3 of 3 NYSDEC APPROVEO AC)3AC.~.)4T PRopE~-T.1, ov,,t~c_.q.S -} / ~/¢/~ ~ ~ A"r BAY B N¥sDEC APPROVED DATE PILl,J, ! II %CALF_ I : I0-o AD'JAC Et,)I ?l~O?E~l¥ O~T.~.< · L CL&VE.5 POIHT ~LL&¢~E 1%.07 /.om'] I~L~o c.~y, N.Y. PROPosED: PIER : 2tZVG ~q p~22'Fmqns no~ '2lmta& p~u~za~az a~oq~ ~q2 ~o I 'oil uol2~puoo IWZauao 02 2u~nsan~ · oI panssI · o~ panssI · oH :aH 3oq~:~STUTmp¥ ~Tm3ad IeUOT6~H 'sJno~ ~inJ~ ag II~qs 'qons s~ pue ~!~:ad IeuIB!=o aq~ :o~ ~uaS suo!~!puoo pu~ sm=ag ~aggo o2 ~uampua~ u~ sT ~a~2aI sTg~ s~ ~ volt.as .~. ,9 Xq ,08 ~ q~a ~op ~9 Xq ,OA~ ;o · suoT~Tpuoo 2!m3ad 6uT2s!xa aqg :o suo!~o~' pasodoad aU2 g~q~ pau!m3a2~p uaaq s~q gI 'IZ9 ~a~d 'HHDXN9 o2 2u~nsand ~2Tm~ad 6u!2s!xa aU2 ~o aDu~nss! ag~ amu!s suo!~inSaa ao ~I alq~o!Idd~ ao %~oIougma2 2u~AaIaa 'suo!~Tpuoo I~gUamUO:!Aua uT aSu~gD i~Taa~m p uaaq 2ou s~g a~ag~ ~g~ pauTmaa~aP uaag s~g ~I 'Iq9 2a~ 'HHDXN9 o2 2u?ns~nd pa~a!^a~ uaaq s~g ~ad aAoq~ ag~ pua~xa o~ ~sanba~ ~uaoa~ :uoT~ooq 9 'ON sCUellllfA '~) ~JUeH IOIII 'A'N 'X~ID pu~IsI 5uoq 'gE R~L£ L0-EI 006L-I§L (9I§) ~6LII 7~ 'Moo~8 Xuo~s 6Ig mooH 'ANQS 'Ob '6Pig I uo!BaH - ~Tu~ s~T~V A~o~inSaH uoile~esuoolelue~uoJ!^uMJolua~edeo elelS MJOA ~eN l{ DEPARTMENT OF THE ARMY New York District, Corps of Engineers Jacob K. Javits Federal Building New Xork, N.I. 10278-0090 REPLY TO ATTENTION OF: Operations Division Regulatory Branch SUBJECT: Permit No. 14718A Mr. Peter Fakiris C/O George K. Paleos, C.E., 72 Harvard Avenue Baldwin, New York 11510 Dear Mr. Pa!eos : In accordance Kith the provisions of Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) you were issued Department of the A2~-~. Permit No: 14718, by the District Engineer on February 11, 1988. This permit authorized you to install a fixed "T" shaped timber pier measuring 200 feet by 4 feet with the "T" section measuring 6 feet by 50 feet, with four attendant mooring piles. The activity is located in Gardiners Bay at East Marion, Suffolk County, New York. The above permit is hereby specifically modified to increase the total length of the fixed pier from 200 feet to 270 feet, with an extension to the "T" section from 50 feet to 80 feet, a3ld the relocation of four attendant mooring piles. Ail widths to the modified pier assembly shall,remain at four feet. This modification is in accordance with the attached drawings which were revised on March 22, 1988. The other original conditions to which the authorized work was made subject including the permit expiration date shall remain in effect. I--Enclosures -- cf: Peter Fakiris. Col~nel, Corps of Engineers District Engineer New York State Department of Environmental Conservation Building 40--SUNY, Stony Brook, New York 11790-2356 (516) 751-1389 May 9, 1991 C. Jorllng missioner .3..'Mr~..C. Bowman Land Us~"do. '"' 2576 Sound Avenue · Baiting Hollow, NY 11933 RE: 10-89-0888 Peter Fakiris Dear Mr. Bowman: The Department has received your March 25, 1991 request for modification of the existing permit (listed above) to include a wave break consisting of piles, chains and tires, and six additional piles. The Department objects to the construction of this wave break because the chains and tires can easily become detached from the structure. Although the property owner may not be able to locate the detached pieces, they will not biodegrade and therefore may remain in the water or intertidal areas for many years. The Department suggests that the applicant consider alternatives to this proposal. In addition, please provide a written description of the use of the six - .pr~posed~piles.. Sincerely, Susan Ackerman Sr. Environmental Analyst SA:slc cc: P. Fakiris I0-S9-0SS$ N/A PERMIT Under lhe Environmental Conservalion Lay, August 14, 1989. August 31; 1994 I Artlee 15, TiIle 3: 6NYCRR 327. 32S, 329: Aquatic Pest[cites j Arhcle 15, TiIle 5: __. Pro~echon of ;"cater --] Article 15, Tide 15: / ;"Cater Supply I Ar;mle 15. TiIle 15 __ Water Transport t Article 15, TiHe t5. __J Long Island ;'Cells ] Arhcle 15. T~[le 27: __j Wild. Scenic and Recreational Rt.,ers 6NYCRR 508: Water Quality Certificahon Article 17. TRIes 7, 8: SPOES -- Article 19: __ Air Pollution Control' -- Article 23. Tille 27: __ Mined Land Reclamalmn j~"~ Articte 24: Freshwater VVedands N--New. R--Renewal, M-t,,lodd~catmn. C-Conslrucl ('only). O-Operate ('only) Article 25: Tical WeHands -- Amcle 27, Title 7; 6NYCRR 360: __ Solid Waste Management' Article 27. Title 9; 6NYCRR 373: Hazardous Waste ~Vanagemer,[ -- Arc,cie 34: __ Coaslal Erosion Management Article 36: . Floodplain Management Articles 1. 3, 17. 19. 27. 37. 6['iYORR 380: Rad~aIzon Control Mr. Peter Fakiris, c/o Gusmar Realty 13-07 371h Ave., Long Island City, N.Y. II101 Mr. Glenn Just, JMO Consulting, Wading River, (516)929-5775 R.O.W. off Shipyard Lane, East Marion SC'D.[ 1000-35-8-5.3 Gardiners Bay I Suffolk Southold Dredging a 90 foot by 100 foot area surrounding an existtn~ pier to a depth of 8 feet at mean low water, as per N~fSDEC approved plan attached; 675 cubic yards of spoil will be disposed of in an upland location a minimum of 300 feet landward of tidal wetlands. GENERAL CONDITIONS August 14, 1989 Christine J. Costopoulos1 Stony Brook, NY 11794 ..,ur.o.,zm s,,':.,^~u., ,/'"'...I ... %1 . . [ / ' '-'-. ' I~ - I P,,~,. 1 cc: B:-IIiP 36.~nd6 N'rCRR Part &0SI 'I'[~', pr.'s ~.Q J}[O Consulting on 6/20/89 SPECIAL CONDITIONS 1. Spoil must be deposited a minimum of 300 feet landward of the tidal wetland boundary line. e 3. 4. Supplementary Special Conditions (A) All spoil must be deposited directly into barge and then removed directly to trucks. No dredge spoil may be deposited in tidal wetlands. Area must be dredged to a uniform depth. through (J) attached. O[C PERMIT 10--89-0888 2 of 3 t CONSULTING..-. WADING JET/ s/~r~ 2 o~ 2 IflVI~R, N.Y. Applicant proposes to dredge a 90'xlO0' docking area to 8' at MLW. Resultant spoil(approx 675c.y.) shall be disposed of on applicant's upland property. At East Marion, Town of Southold, Suffolk County, New York. Applicant: Peter Fakiris Purpose: Proper safe docking Datum: Mean Low Water Locus: 72 2l'/4l 07' N Area to be dredged -, n Suffolk County ~Uagstro,m, Map 26 {Scale 1 = 3000' SCALE ~00~ 0 50 ~00 Exist. Pier NIHW Exist. Piles Adjacent Property Owners 1. Cleaves Point Village Condos. 2. Cresent Beach Condos. SH~' ICY 2 CON.SULTING.... WADING HIVIZR, N.Y. HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PH/LLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN Mr. Daniel F. Dragonetti c/o Gusmar Realtlr Corp. 13 07 37 Ave. Long Island Citlr, Hew York RE: Application No. 534 BOARD OF TOWN OF SOUTHOLD Town Hall, 530~5 Main Road P.O. Box 728 Southold, New York ! 1971 ,Tullr 28, 1987 m01 TOWN TRUSTEE~ lONE 1-1892 Dear Mr. Dragonetti: The following action was taken by the Board of Town Trustees during their regular meeting held on Suly 27, 1987 regarding the above matter. WHEREAS, Daniel F. Dragonetti c/o Gusmar Realtlr Corp. on behalf of Peter Fakiris applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 4, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory'Council for their findings and recommendations, and WHEREAS, a public hearing was held by: the Town Trustees with respect to said application on July 27, 1987 at which time all interested persons were given an opportunity to be heard, and no objections were raised, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will. not affect the health, safety and general welfare o£ the people of the town, NOW, THEREFORE, BE IT RESOLVED that Daniel F. D:l-agonetti c/o Gusmar Realty Corp. on behalf of Peter Fakiris BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF THE WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Construct Z00' x 4' o£ dock with a 50' x 6' "T" to be secured by 36 pilings. Permission is granted with the deletion of the 17' of bulkhead and the 800 cu. yds. of fill. A natural dune is to be maintained. Propertlr is located on Shipyard Lane, East Marion. Board of Town Trustees - Page 2. Daniel F.-Dragonetti c/o Gusmar Realty Corp on behalf of Peter Fakiris This permit will expire on July 27, 1989 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified up6n the completion of the work. Prior to the issuance of said permit by the' Clerk, the appl/cant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall he fixed by the Trustees, which said policies shall name ~he Town as a name insured. Please take further notice that this declaration should not he considered a deter=~ination made for any other department or agency which may also have an application pending for the same or similar project. PLEASE RETURN TO THE BUILDING DEPT. FOR A DETERMINATION .ON THE NEED OF ANY OTHER TOWN PERMITS THAT MAY BE REQUIRED FOi{ THIS PROJECT. Please remit a $10.00 Wetland Inspection Fee for this project. Upon remittance your permit will be forwarded by mail. Very truly yours, Henry P. ' , President Board o£ Town Trustees I-IPS :ip ~ cc: Robert A. Greene, D.E.C., Sto~y Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas.-Hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board of Appeals File ALBERT L BUZZETTI ELIZABETH M. ALVAREZ DOUGLAS J. JONES MEMBER OF: SEKAS & BUZZETTI, L.L.C. NEW YORK OFFICE 135 WEST 30TH STREET NEW YORK, NEW YORK 10001 (212) 695-7577 July 7, 2000 Charlotte Cunningham Southhold Board of Trustees P.O. Box 1179 Southhotd, NY 11971 RE: Panagiotis Mourkakos to Ioannis Kordistos Property: 1800 Shipyard Lane, East Marion, NY Our File No. 4440 11939 Dear Ms. Cunningham: Please be advised that I represen5 Panagiotis Mourkakos in connection with his sale of the above captioned property. Please provide me with any and all copies of Resolutions and Developer's Agreements regarding the construction and approval of the dock associated with the above property. If you should have any questions or require further information, please do not hesitate to c~ me. Thank you for your attention and professional cooper~ion ~o~a~ter.  G. Sekas NGS/ch VIA FACSIMILE (631) 765-1366 AND REGULAR MAIL cc: Panagiotis Mourkakos STATE OF NEW YORk DEPARTMENT OF STATE ALBANY. N.Y. ! 223 ! -000 ! April 24, 1992 Ms. Tanya Lachenmeyer Land Use Company 2576 Sound Avenue Baiting Hollow, New York 11933 Dear Ms. Lachenmeyer: Re: F-91-542' U.S. Army Corps of Engineers/New York 'District 'Permit Application '~91-925~L2 Peter Fakiris Town of Southold Suffolk County The Department of State has completed its evaluation of your Federal Consistency Assessment Form and certification that the above proposed permit activity complies with New York State's approved Coastal Management Program, and will be conducted in a manner consistent with this program. Pursuant to 15 CFR Section 930.63, and based upon the project information submitted, the Department of State concurs with your consistency certification subject to the following conditions: i. The facility will not be used for commercial purposes at any time. 2. Only boats owned by Mr. Peter Fakiris are to be moored at the proposed private docking facility. This concurrence is without prejudice to, obtain all other applicable licenses, permits, existing State statutes. and does not obviate the need to and approvals required under A copy of this decision has been sent to the Corps of Engineers. GRS:MP:~ cc: COE/NY District - Roberto Sarbosa NYS DEC/Region I - Robert Greene Town of Southold - ~ennett Orlowski Direc%or /. 11~ Division of Coastal ~ & Waterfront Revit ~L Albert J. Iea-upski, Pr James King, Vice-Pre Heno, Smith Artie Faster Ken Poliwoda ~ES Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telcphoff~ (516) 765-1892 Fax (516) 765-1823 TO: Me FROM: Albert J. Krupski, Jr. President, Board of Trustees DATE: August 23, 1999 RE: Summit Estates The Southold Town Board of Trustees have reviewed the Summit Estates situation. The Peter Faklris dock was ortg!nally aFproved by this board as a single family dock, subject to t!%e regulations under the current zoning and code restrictions undor Chapter 100-31-3(a) which states "there shall be docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use". The Southold Town Board of Trustees sees no reason to change the use of the structure and would d~finitely not recommend a marina use for the structure. If you have any questions, please call our office, at 765-1892. 357il 11955rl;460 $ N~.,bc~ofpag:~' .,~/ ~E~A~ : 99 APR -5 PM TORRENS ] APR 05 ~ se~ ~ ! CLERK OF T~R T~ SUFFOLK COUNTY 4 I FEES Page / FiIing Fee ~ ~ H~dling ' ~ I. B~ic Tax ] Reg. Copy will bc improved by a one or two f~mily O~er ~ or NO GRAND TOTAL ~ ,~ . ~rj,.~ ~.~ Real P~pe~y Tax Service Agency Verification 6 ~lle Company Infor~tion / ~ 8 ] ~E PAID BY: (or if diffemm) ~ a ADD.SS: . RECORD & RETURN TO 7 (ADDRESS) 9Suffolk County Recording & Endorsement Page ~is page fo~s pm of~e attached ~ made by: (SPEC~Y T~E OF IN~U~ Q~ ~ ~ QW[~ ~ou~g~ ~cpmmiscshcm~issituatcd in In ~e V~LAGE or H~ of BO~ ~U 9 MU~ BE TYPED OR PROD ~ BLACK ~K Recharge Basin as designated on Subdivision Map of "Summit Estates, Section I" TOGETHER with a right of way over lands as shown as Parcel ' "A" Open Space, Psrcel "B" open Space, Parcel "C" Open Space and Parcel "D" Park and Recreation Area on Subdivision Map of "Summit Estates, Section i". BEING AND INTENDED TO BE part of the same ~remises described in deed to the cart} of the first part herein from deed dated September 15, 1995, and recorded ~o~. % ~, , 1995, in Liber %%~ cE gS~ in the Offic~ of the Suffolk Count). Clerk. Condominium, land now or formerly of James P. Kavanagh and land now or formerly of James P. Kavanegh and Kathleen Kavanagh the fol~owing two (2) courses and distances: 1. South 84 deg. 35 min. 38'sec. West 250.00 feet, 2. North 34 deg. 40 min. 32 sec. West 293.32 feet to Lot 30, "Summit Estates, Section 3"; RUNNING thence along Lot 30, Lot 31, and Lot 32, "Summit Estates, Section 3" the following three (3) courses and distances: 1. North 55 deg. 19 min. 28 sec. East 200.17 feet, 2. North 25 deg. 53 min. 48 sec. East 202.45 feet, 3. North 36 deg. 51 min. 12 sec. West 260.00 feet to the southerly side of Gus Way; RUNNING thence along the arc of a curve to the right having a radius of 810.00 feet, along the southerly side of Gus Drive a distance of 50.70 feet to the point or place of BEGINNING. CONTAINING an Area of~7'~F~ SUBJECT to an easement for ingress, egress and the installation of utilities over a portion of the above described parcel as designated on Subdivision Map of "Summit Estates, Section 1", more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Shipyard Lane, said point being situate the following three (3) courses and distances as measured along the westerly side of Shipyard Lane from the northerly terminus of a curve connecting the southerly side of Marina Lane with the westerly side of Shipyard Lane: I. alon9 the arc of a curve to the right having a radius of 40.00 feet a distance of 62.83 feet, 2. South 37 deg. 45 min. 52 sec. East 103.50 feet, 3. South 37 deg. 06 min. 12 sec. East 572.48 feet; RUNNING thence from said point of Beginning South 37 deg. 08 min. 12 sec. East along the wes%erl~ side of Shipyard Lane a distance of 130.00 feet to a point; RUNNING thence through {he above described parcel the following three (3) courses and distances: 1. alon9 the arc of a curve to the left having a radius of 40.00 feet a distance of 6~.83 feet, 2. South 52 deg. 53 min. 48 sec. West 248.00 feet, 3. along the arc of a curve to the left having a radius of 810.00 feet a distance of 4.62 feet to Parcel "C" Open Space, "Summit Estates, Section 1"; RUNNING thence along the arc of a curve to the left having a radius of 810.00 feet along Parcel "C" Open Space, "Summit Estates, Section 1", a distance of I00.32 feet to a point; RUNNING thence through the above described parcel the following five (5) courses and distances: 1. along the arc of a curve to the left havin9 a radius of 810.00 feet a distance of 31.36 feet, 2. North 46 deg. 44 min. 42 sec. West 50.00 feet, 3. along the arc of a curve to the right having a radius of 860.00 feet a distance of 144.72 feet, 4. North 52 deg. 53 min. 48 sec. East 248.00 feet, 5. alony the arc of a curve to the left having a radius of 40.00 feet a distance of 62.83 fe~t to the westerly side of Shipyard Lane and point or place bf BEGINNING. TOGETHER with a right of way for ingress, egress and the installation of utilities over Marina Lane and Chios Lane and the 3. South 57 deg. 39 min. 28 sec. West 87.89 feet, 4. North 34 deg. 32 min. 32 sec. West 352.56 feet to Recharge Basin as designated,on Subdivision Map of "Summit Estates, Section 1"; RUNNING thence along Recharge Basin "Summit Estates, Section the following four (4) courses and distances: 1. North 55 deg. 27 min. 2. North 20 deg. 18 min. 3. North 76 deg. 22 min. 4. North 06 deg. 23 min. southerl~ side of Chios Lane: 28 sec. East 160.97 feet, 14 sec. East 173.64 feet, 24 sec. West 118.03 feet, 29 sec. West 115.00 feet to the RUNNING thence along the southerly, easterly, northerly, and again on the easterly side of Chios Lane the following four (4) courses and distances: 1. along the arc of a curve to the left having a radius of 170.32 feet a distance of 35.58 feet, 2. North 25 deg. 06 min. 12 sec. West 50.00feet, 3~ along the arc of a curvs to the right having a radius of 120.32 feet a distance of 166.56 feet, 4. North 35 deg. 44 min. 22 sec. West 45.00 feet to Lot 7, "Summit Estates, Section 1"; RUNNING thence alonG Lot 7, Lot 6, Lot 5 and Lot 4, "Summit Estates, Section 1" the following five (5) courses and distances: 1. North 54 deg. 15 min. 38 sec. East 161.50 feet, 2. North 69 deg. 05 min. 45 sec. East 90.15 feet, 3. North 52 deg. 14 min. 08 sec. East 201.23 feet, 4. North 37 deg. 06 min. 12 sec. West 63.84 feet, 5. North 52 deg. 53 min. 48 sec. East 200.00 feet to the westerl) side of Shipyard Lane and point or place of BEGINNING. CONTAINING an area of~IS.8516'ACRE~- .EXCEPTING AND RESeRViNG IN AND TO THE PARTY OF THE FIRST ~'~ PART the foflb-wing described premises: All that certain plot, piece, or parcel of land with the buildings and improvements thereon erected, situate, lyin9 and being, at East Marion, Town bf Southold, County of Suffolk and State of New York, known and.designated as Lot 33 on an unfiled subdivision map entitled "Summit Estates, Section 3", bounded and described as follows: BEGINNING at a point 6n the ~outherly side of Gus Drive, said point being situate the following three (3) courses and distances as measured along the southerly side of Gus Drive from the southerly terminus of a curve connecting the westerly side of Shipyard Lane with the southerly side of Gus Drive: 1. along the arc of a curve to the left having a radius of 40.00 feet, a distance of 62.83 feet, 2. South 52 deg. 53 min. 48 sec. West 248.00 feet, 3. along the arc of a cur~e to the left having a radius of 810.00 feet, a distance of 104.94 feet; RUNNING thsncefrom said ~oint of Beginning alon9 land known and designated as Parcel "C" Open Space and Parcel "D" Park and recreation Area on Subdivision Ma~ "Summit Estates, Section 1" filed in the Office of the Clerk of Suffolk County as file number 9426 the following three (3) courses and distances: I. South 36 deg. 51 min. 12 sec. East 758.07 feet, 2. South 54 d~9. 06 min. 18 sec. West 203.55 feet, 3. South 10 deg. 39 min. 48 sec. West 33.01 feet to land now or formerly of Crescent Beach Condominium; RUNNING thence along land now or formerlf of Crescent Beach Hartofilis and land now or formerly of Theodora G. and Mary Miller a distance of 274.2! feet to a point; RUNNING thence North 35 ~eg- 44 min. 22 sec. West still along land now or formerly Theodore G. and Mary Miller, land now or formerly of Kevin Robert and Anne Marie McBlroy, and land now or formerly of Larry D- and Allison C. Bouts a distance of 665.24 feet to Parcel "A" Open Space, "Summit Estates, Section 1"; RUNNING thence North 54 deg. 15 min. 38 sec. East along Parcel "A" Open Space, "Summit Estates, Section 1" a distance of 346.24 feet to land now or formerly of New York State Department 'of Public Works; RUNNING thence South 33 deg. 35 min. ~8 sec. East along land now or formerly of New York State Department of Public Works a distance of 134.21 feet to Lot 10, "Summit Estates, Section 1"; RUNNING thence South 28 deg. 41 min. 56 sec. West along Lot 10, .'Summit Estates, Section 1" a distance of 102.09 feet to the point or place of BEGINNING. CONTAINING an area of 4.4671 ACRES.~ BEGINNING at a point on the westerly side of Shipyard Lane, said point being situate the following three (3) courses and distances as measured along the westerly side of Shipyard Lane from the northerly terminus of a curve connecting the southerly side of Marina Lane with the westerly side of Shipyard Lane: 1. along the arc of a curve to the right having a radius of 40.00 feet a distance of 62.83 feet, 2. South 37 deg. 45 min. 52 sec. East 103.50 feet, 3. South 37 deg. 06 min. 12 sec. East 9.98 feet; RUNNING thence from said point of ~eginnin9 along the westerly side of Shipyard Lane the following two (2) courses and distances: 1. South 37 deg. 06 min. 12 sec. East 822.54 feet, 2. South 35 deg. 51 min. 12 sec. East 43.12 feet to land now or formerly of Parkside Heights Co.; RUNNING thence South 54;deg. 06 min. 18 sec. West along land now or formerl~ of Parkside Heights Co. a distance of 293.40 feet to land designated as Parcel "C" Open Space, "Summit Estates, Section 1" filed in the Ofkice of the Cler~ of Suffolk County as File Number 9426; RUNNING thence along Parcel "C" open Space and Parcel "D" park and Recreation Area, '.Summit Estates, Section 1", the following five (5) courses and distances: 1. North 36 deg. 51 min. 12 sec. West 206.96 feet, 2. along the arc of a curve to the left having a radius of 810.00 feet a distance of 100.32 feet, 3. South 36 deg. 51 min. 12 sac. Emst 758.07 feet, 4. South 54 deg. 06 min. 18 sec. West 203.55 feet, 5. South 10 deg. 39 min. 48 sec. West 33.01 feet to land now or formerly of Crescent Beach Condominium; RUNNING thence along land now or formerly of Crescent Beach Condomioium, land now or formerly James P. Kavanagh, land now or formerly James P. and Kathlee~ Kavaoagh, land now or formerly of Fred R. and Jennie Schoenstein and land now or formerl) John and Maryuerita Tam Aexel the following four (4) courses and distaaces~ ]. South 84 deg. 35 min. 38 sec. West 250.00 feet, 2. North 34 deg. 40 min. 32 sec. West 427.54 feet, 0,,, 1000 :M 035.00 [~IL 08.00 ~ o,(,, O05.00z and DISTR. 1000 BEC. 038.00 BLK. 07.00 ~/o 010.O00 GUSMAR REALTY CORP., with offices at 13-07 37th Avenue, Long Island City, New York %%rlTNF-'S'SL:'l'~'l, that the pany of the flrst Part, inconsidet~tionol TEN and nO/lOOths ($10.00) .............................................................. · iollars, lawful money o! thc United States. and other valuable consideration paid by the patty of the second part. docs hereby grant and release unto the part), of the second para. the heirs or successors and assigns of the patay of the second para ~orever, ~ that cema~n plot, p{~e or parcel o[ land. with the buildings and improvements ~hereon erected, situate. lying and ~ing~ at East ~rion, T~ of Southold, Co~ty of Suffolk and State of New York, ~ded ~d descried as follow: B~INNTN~ at a point on the easterlyeide of Chioa Lane, said point being th& following four (4) COLLrsea and diata~ces aa ~easured along the easterlyaide of RUNNING thence from said point of Beginning along the northerly and weaterly aide of Chioa Lane the following four (4) COurSes and distances: 1. alon9 the arc of a curve to the left having a radius of 60.00 feet a distance of 213.52 feet, 2. along the arc of a cur%~ to the right having a radius of 40.00 fe~t a distance of 34.53 feet, 3. South 35 de~. 44 min. 22 sec. East 404.01 feet, 4. along the arc of a ~ to the left having a radius of 170.32 f~t a distance of 180.30 feet to a Recharge Basin as designated on Subdivision Ma~ of "SLUm~it Estates, Section 1" filed in the Office of the Clerk of Suffolk County as File Number 9426; RUNNING thence along the Recharge Basin, "Sunwait Estates, Section 1" the followin9 two (2) courses and distances: 1. South 06 deg. 23 min. 29 sec. East I27.40 feet, 2. South 55 deg. 27 min. 28 sec. West 200.18 feet to land now or formerly of Otto and June Schoenstein; RUNNING thence North 34 deg.. 32 min. 32 aec. West along land now or formerly of Otto and June Schoenstein, land now or formerly of Constantine and D~-metios feet to Parcel "A" 0pen ~,~t Estates, Section 1-; D~GINNING at a point on the westerly side of Shipyard Lane, said point bein~ situate the followin9 three (3) courses and distances s~ measured sion9 the westerly side of Shipyard Lane 3. South 37 de9. 06 min. 12 sec. East 9.98 feet; F~le Number 9426; I II 3. South 57 de~. 39 min. 28 sec. West 87.89 feet, 4. North 34 deg. 32 min. 32 sec. West 352.56 feet to a RUNNING thence along Recharge Sasfn "Summit Estates, Section the following four (4) courses and distances~ ]. North 55 deg. 27 min. 28 Sec. East 160.97 feet, 2. North 20 deg. 18 min. 14 sec. East 173.64 feet, 3. North 76 deg. 22 min. 24 sec. West 118.O3 feet, 4. North 06 deg. 23 min. 29 sec. West ]15.00 feet to the southerly side of Ch~os Lane: I. alon9 the arc of a curve to the left having a radius of !70.32 feet a distance of 35.58 feet, 2. North 25 duG. 06 min. 12 sec. West 50.00feet, 3. along th~ arc of a curve to the right having a radius of 120.32 feet a distance of I86.66 feet, 4. North 35 deg. 44 min. 22 sec. West 45.00 feet to Lot 7, ~su~mit Estates, Section RUNNING thence along L~t 7, Lot 6, Lot 5 and Lot 4, estates, Section 1' the following five (5) courses and distances: I. North 54 deg. 15 min. 38 sec. East 161.50 feet, 2. North 69 de9. 05 min. 45 sec. East 90.15 feet, 3. North 52 deg. ]4 min. 08 sec. East 20!.23 feet, 4. North 37 deg. 06 min. !2 sec. West 63.84 feet, 5. North 52 deg. 53 min. 48 sec. East 200.00 feet to the westerly side of Shipyard Lane and point or ~lace of EEGINNING. CONTAINING an ~rea of 18.8516 AC~ES. SUBJECT to an easement for ingress, egress and the installation of utilities over a portion of the above described sarcel as designated on Subdivision Map of 'Summit Estates, Section 1", msre ~articularlf bounded and described as follows: BEGINNING at a psint on the westerly side of Shipyard Lane, said ~oint bein~ situate the followln9 three (3) courses and ]. alert9 the arc of a curve to the right hav~ng a r~dius of 40.~0 f~et a distance of 62.83 feet, 2. South 37 deg. ~$ min. 52 sec. East 1U3.50 feet, 3. South 37 de9. 06 min. 12 sec. East 572.48 feet; RUNNING thence from said ~oint of Beginning South 37 deg. ~lstance of 130.00 feet tca ~oint; 3. alonG the arc of a curve to the left havin~ a radius 310.00 feet a distance of 4.52 feet to Parcel =C' Open 'RUNNING thence through the above described parcel roi!owing five (~) courses and 2- along the arc of a curve to the left having a radiul of ~ar~ain anb ~ul~ {]eeh TO Il ......... ] ...................... 11749 F.A-5 217 i000 ~ RE"~DRDED , j 038.00 07.00 NAME: ADDRESS: Suffolk Coun.y Recording & Endorsement Page TO BOXES 5 ~tRU 9 MUST BI~ TYPED OR PRINTED tN BLACK INK ONLY PRIOR 1'0 RECORDI:IG OR FILING,. 5UL-O?-2000 F~I ~0:04 ~N F~× NO. ?, O~ SEKA$ ~. BUZZETTI, L.L.C. (212) 695-7S77 PLEASE DELIVER THE ATTACHED MESSAGE TO: FROM: ' Total ,,~=L ua uages including this page: ~ If you are not receiving clearly or do not receive all pages, please call me i~ediately. My telephone n~ber is: (201) 816-1333 ~OMME~TSL RE: THE INFORMATION CONTAINED IN THIS TRANSMISSION IS PRIVILEOED A~D CONPIDENTIA.L. IT IS INTENDED ONLy FOR THE USE OF THE IEDIV~DUA.L OR ENTITY NAMED ABOVE. IF THE READER O1~ THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBy NOTIFIED THAT ANY DISSEHINATION AND DI~TRIHUTION OR CO~YING OF THIS COMHUNTCATION IS STRICTLY PROHIEITED. IF YOU RECEIVE THIS COMMUNICATION IN ERROR, IT IS I~EQUESTED THAT YOU PLEASE NOTIFY US IHM~DIATELY BY TELEPHONE. THANK YOU. TRUSTEES John M.'Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, .Ir. John L. Bednoski, Jr. John B. Tmhill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF $OUTItOLD SUPERVISOR SCOTt L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 January 16, 1992 *CORRECTED COPY Land Use Co. 2576 Sound Avenue Baiting Hollow, NY 11933 RE: Peter Fakiris SCTM g1000-38-1-18 Dear Ms. Lachenmeyer: The Trustees inspected the above referenced site on January 9, 1992. The Trustees find the extension of the dock to be out of their jurisdiction by virtue of being greater than 5' in depth below mean low water. The Board feels the extension provides for an extremely large facility and if built would be equal to a marina and could impede navigation to neighboring docks. If you have any questions, please do not hesitate to contact this office. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: Dept. of State, Mohabir Persaud COE/NY District - Roberto Barbosa DEC - Christine Costopoulos CAC '1 ,~USTEES John M. ~"~'demeyer, III, P?sident Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF sOUTHOLD SUPERVISOR scoTr L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 April 9, 1992 Cleaves Point Condominiums Att: H. Boening & M. Greenstein P.O. Box 29 Greenport NY 11944 Re: Army Corps Appl. #91-0925-L2 Dear Mssrs. Boening & Greenstein: with respect to your letter of March 31, 1992 with attached letter from Congressman Hochbrueckner, this letter will confirm my previous letter of January 16, 1992 and as such there are no other actions available to the Southold Town Trustees concerning this matter at this time. Any further proposed alterations to the dock in question which are landward of the seaward most position as it is presently configured would require a wetland permit from this Board as an accessory use by Mr. Fakiris' house. The permanent use of this dock by more than two boats other than those of the owner and his immediate family would be a violation of the Town Zoning ordinance. Although I honestly do not believe there are any other branches of Southold Government other than the Trustees and Planning Board which would be involved with this structure on an approval/denial basis at this time, you may wish to contact the legal department and the chairman of the Zoning and Planning Boards for their own response in this matter. President, Board of Trustees cc. TA Planning Board Zoning Board CLEAVES POINT CONDOMINIUMS VILLAGE [~ COMMONS [~ CLUB AND MARINA, INC. P.O. BOX 29 GREENPOI~T, NEW YORK 'I'1944 (5'16) 477- 8657 FAX( 516)477-8657 August 16, 1999 Southold Town Trustees Attn: Albert J. Krupskl, President 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction #11 Dear Mr. Krupski: At the July 19th, 1999 Planning Board Meeting whereby a Public Hearing was conducted concerning the above noted application, we understand that the matter was held over to allow a review by your Board (of Trustees.) In this respect, please note the enclosures which are copies of those documents previously submitted on our part, and that of our legal representation, to the Planning Board. To summarize, we are opposed to any actions that would further intensify the use of Summit Estate's limited (total) waterfront of 100' to include the existing dock. Wishing to be heard at any meeting held to consider any relevant applieatlons (submitted by Summit Estates, any of its homeowners, principals and developers), we request prior notlfieation when such matters will be addressed by your Board. ~ ~J~Odl/X-~]l~'~0~Tha~ff for~peration. Susan Hallock, Manager Enclosure: Copies of Summit Estate file submlted to Southotd Town Planning Board cc: Boards of Managers/Directors, Cleaves Point Condominiums 1000 03~ LoT CLEAVES POINT CONDOMINIUMS [3 VILLAGE [3 COMMONS [3 CLUB AND MARINA, INC. P.O. BOX 29 GREENPORT, NEW YORK 11944 [516] 477-8657 FAX(516)477-8657 July 23, 1999 JUl g g 1%9 Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11944 Southold Town Planning Board Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: In addition to the letters from our General Membership which were submitted at the Public Hearing this past Monday, enclosed please find three others. We would request that you take particular note of the letter from Devid Ma~m~ina (which was not submitted on Monday due to a wayward FAX.) While Mr. Mammina addresses the issues as an intensely impacted homeowner, his participation in town government lends a professional acumen to the matters at band. In respect of the latter, and based on appearances tbat the above noted Covenant & Restriction may bave been violated, Mr. Mammina could pro- vide case histories substantiating denial of applications by a Town Board when the applicant was proven to have acted in bad faith. Should your office have use for these files, we would gladly make them available. We appreciated the attention that the Planning Board members gave to our points of opposition raised at the Public Hearing on Monday, and trust that you discer~he importance these applications hold for our comunity. ~r~/ cc: David Iqar~n±na, 51 Titug Avo., Carlo Place, N.Y. 11514 cc: Boards of Managers/Directors, Cleaves Point Condominiums Enclosures (:3) . DAVID ,ARCHi , , 9747 ~ 8oUlevard , Tow~ Floor · Forest H~, NY I 1874 [718) 89~3873 * F~ [718} 89~27~ July 19. 1999 Bennett Orlowski Sr., Chairman Town of $outhold Planning Board 5~095 Main Road P.O. Box 1179 Southold, NY 11971 Summit Estates, East Marion, N.Y. Covenant & Restriction # 11 Dcar Chain'nan Orlowski, I regret that we csnnot attend this heating in per~on, as my f~ly ~d' I ~ away on va~fion. Aff~ 15 y~s of s~e~g ~ ~e Crcs~ B~ch ~ndomini~, l~t y~ we p~ed U~ 6~2 ~ ~e Cl~es Po~t Cond~. ~ is ~e mo~ we~ly ~d ~it ~ ~e ~st w~ly b~l~ ~d we ~ on ~e see~d ~r. ~f~e, I feel c~ ~ we ~ ~e m~t ~ ~e~ ~ We ~y abut ~ ~p ofl~d ~d l~k do~ u~n R 5om ev~ poet ~ o~ home. I echo thc opposition of my neighbors rega~i.8 the modification ofex~'enant and r~striction # 11, which was a key factor in the decisio~ to purchase my home. I felt that the wisdom of the pl~nrting Board in placing this re~klcfion wo~ld be carried forward in perpetuity as our waterfront areas are s~ressed to their limits. As an inconsequmtial aside to your process and d~cision, I offer that I am the Chairman of the Board of Zonlng and Appeals 'in the Town of North Itempstead in Nassau County. I sincerely recogniz~ the difficulty of your job. From a more professional perspective, I feel that the most significant and urflent issue at hand is the 'OVER.INTENSIFICATION OF LAND USE" and more specifically, water flow. These are ecologically sensitive areas and areas important to the Town and the livelihood of the Baymen. A Member Amerk:an Institute of A~ect~ Jfily 19, 1999 Chairman Bennct Or!owsld, Jr. Re: Summit Eslafes East Meriou,'N.Y. Page :2 The issues are a~ follows: · This is a narrow strip of waterfront land less than 100 feet w/de. As I understand it, it is already deeded for use by 35 families. I feel that this is, and of itself, is an overintensifica~ion which was put in place in the past. The use of t~e dock would only further intensify the environmental and physical impact of 35 families using this land sliver. In the past, the applicant has approached this Board for an extension of his dock slating that he "needed more draft.for his boat". As a Board Chairm~ I see this as a back door approach to obtaining more potential slips in anticipation of this application. By comparison, the Cleaves Point Condominiums contains ~ ~ for sixty.odd units in total. A vast difference to I00'-0". As a final point, I am concerned that this "dogleg" of properS' is *no mans land" to the homes in Summit Estates. It is not ~dewed fi.om any homeowner property, nor is it "on the way~ ;o anywhere but the beach. What will prevent fl~is aroa from beaming storage for trsilers, boats, and misled apparatus in what is essentially our fi.out and side yards in our direc~ view. No covenant and restriction will be enforceable to prevent this. This will directly impact quality of life and property values for both Cleaves Point and Crescent Beach. I apologize for the length of this letter, but I feel that its' points are valid and important. Hopefully, we at Cleaves Point can rcl¥ on the judicious wisdom of your Board m protect us, Crescent Beach, and the Toxx~ fi'om ~e expansion and intensification of use of this tiny piece of waterfi.out. David Mammina and Family Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Sun, it Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his in~nediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in nec3ative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. SignatUre ~/~/~$~rpLom~% ~, ~ ~JT~. unit Cleaves Point Village Condominium and Cleaves Point Con, nons Condominum CLEAVES POINT CONDOMINIUMS VILLAGE r~ COMMONS E~ CLUB AND MARINA, INC. P.O. BOX 29 GREENPORT, NEW YORK 11944 (5'16] 477-8657 FAX(516)~77-8657 July 23, 1999 Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11944 Re: Surm~it Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear M_r. Orlowski: In addition to the letters from our General Membership which were submitted at the Public Hearing this past Monday, enclosed please find three others. We would request that you take particular note of the letter from David Mammina (which w~s not submitted on Monday due to a %rayw~rd FAX.) While Mr. Mara~ina addresses the issues as an intensely impacted homeowner, his participation in town government lends a professional acumen to the matters at hand. In respect of the latter, and based on appearances that the above noted Covenant & Restriction may have been violated, Mr. Maranina could pro- vide case histories substantiating denial of applications by a Town Board when the applicant was proven to have acted in bad faith. Should your office have use for these files, we would gladly make them available. We appreciated the attention that the Planning Board members gave to our points of opposition raised at the Public Hearing on Monday, and trust that you dlscerp-~he importance these applications hold for our cor~nunity. -SusaqT-Hallock, Mana~eP cc: David Mammina, 51 Titus Ave., Carle Place, N.Y. 11514 cc: Boards of Managers/Directors, Cleaves Point Condominiums Enclosures (3) LDAAw RED CHITECT 97-77 ~ueer'~ 80ulevc~d · TowefFIoor, F~re~lH~ NYl1374 (~18) 896-3873 · Fax (718) 896-270~ July 19, 1999 Bennett Orlowski lt., Chairman Town of Southold Planning Board 53095 Main Road P.O. Box 1179 $outhold, NY 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction #11 Dear Chairman Oflowski, 1 regret that we cannot attend this heating in person, as my family and ! are away on vacation. After 15 ),ears of summering in the Crescent Beach Condominiums, last ye~ar we purchased Unit 6(52 ~ the Cleaves Point Condominiums. This is the most westerly end unit in the most westerly building, and we are on the second floor. Therefore, I feel certain that we are the mo~t affected property owners. We directly abut this strip of land and look down upon it fi.om every point in our home. I echo the opposition of my neighbors regarding the modification of covenant and restriction # 11, whi~ was a key factor in the decision to purchase my home. I felt that the wisdom of the Planning Board in placing this restriction would be carded forward in perpetuity as our waterfront areas are stressed to their limits. As an inconsequential aside to your process and decision,' I offer that I am the Chairman of the Board of Zoning ired Appeals in the Town of North Hempstead in Nassau County. I sincerely rec, ogniz~ the difficulty of your job. From a more professional perspective, I feel that the most significant and urgent isSUe at hand is the '0VEKINTENSIFICATION OF LAND USE" and more speciflcali~,, w~ter flow. These are ecologically sensitive areas and areas important to the Town and the livelihood of the Baymen. A Member AmeriCan Ir~fltufe of A~cNt~m'~ Jfily 19, 1999 c, halrman Bennet Orlowsld, Jr. Re: Summit Estaies East Marion,"N.Y. Page 2 The issues are as follows: · This/s a narrow strip of watarfront land less than '100 feet wide. As I understand it, it is already deeded for use by 35 families. I feel that this is, and of itself, is an overintensification which was put in place in the pas~. The use. of the dock would only ftu~et intensify the environmental and physical impact of 35 families using this land sliver. In the past, the applican! has .approached this Board for an extension of his dock stating that he "needed more ch-aft for his boat"..~ a Board Chairman, I see this as a back door approach to obtaining more potential slips in anticipation of this application. By comparison, the Cleaves Point Condominiums contains ~ ~ for sixty.odd u_,ails in total. A vast difference to I00'-0". As a final point, I am concixned that this "dogleg" of property is 'no mans land" to the homes in Summit N~tates. It is not viewed from any homeownar property, nor is it 'on the way" to anywhere but the beach. What will prevent this area from becoming storage for trailers, boats, and related apparatus in what is essentially our front and side yards in our direct view. No covenant and restriction will be enforceable to prevent this. This will directly impact quality of life and property values for both Cleaves Point and Crescent Beach. I apologize for the length of this letter, bm I feel that its' points are valid and important. Hopefully, we at Cleaves Point can rely on the judicious wisdom of yom Board to protect us, Crescent Beach, and the To~x~ fi'om the expansion and intensification of use of this tiny piece of waterfront. Very truly yours, David Mammina and Family Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- wnrded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited w~ter frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature D~4B ~<~7 / · ~T~q~7 / Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.0.Box 1179 Southold, New York 11971 Re: Sunsuit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. ~e~ava~sUr~oi g n d Cleaves Point Cor~nons Condominam ~TUL-l~-I999 10: ~ IRS-ME~'RO EAST P.~I 8ennet Orlo~kl,' ~r., Chairman Town o~ ~uthold Plan~ing ~d ~309~ ~ln P.o.~ 1179 ~u~ld, N~ Y~k Re: Sunmit Estates, East Marion, N.Y. Covenant & Restricticm Dear As neighbor(s) of the above note~ subdivision, this iet~r is being for- warded to express oDpo~ition to any sought approvals that would change the use of the dock. It is understood that the do~k, as currently conveyed, is being use~ by the single family =asl~-nce located on Lot ~3, and in this respect, use of this doc~ by ~ore than two boats other than those of the owner (of Lot 33} and his im~e~iate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic w~uld stress the very limited ~ata= fro~itage (from which this deck e~anstes) in negative w~ys that s~ g~e~l ~lse ~d ~llution to safety ~ for ~ i~ti~ ~d~ i~er~t in co~es~ ~te~ys. Si /hES~tL Init cleaves Point Village Cond~irdum and Cleaves Poin~ C~s Cond~ninum TOTAL P.O1 Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Sure, it Estates, East Marion, N.Y. Covenant & Restriction Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33} and his irm~ediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. lt../ Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum ' ~-onet Orlowsk/, Jr., Chairman Town of ScuthoXd PXann±ng B~rd 53095 Msin P.0.B0~' 1179 ~O~.hold, New YON}(. 11971 Re: ~it Estates, East Marion, N.Y. Covenant & Restriction 4~11 Dear Mr, O~low~ki ~ as neigh~r(s) of the abo~e .~ SU~division, this l~2ter is .~ for- ~d~ tO ~SS ~eition to any sought app~ls t~t ~d c~ tbs ~ of ~e ~. It is ~der~t~ %~t the d~, as ~tly ~y~, ts ~i~ US~ ~ t~ single f~tly r~td~e l~mt~ on ~t ~3, and in this ~, ~e ~ 2his d~ ~ ~re ~n t~ ~ats o~er th~ thee ~ the ~ (of ~t 33) ~d ~s ~iate f~ly ~d ~ a ~olati~ of the ~y i~=e~ U~ of ~s d~ by ~t~ or f~t traffic ~d st~ t~ V~ limi~ ~ter f~n~ge (fr~ ~lch this d~ ~nate~) ~n n~ti~ ~ys ~t ~ ~al noise ~4 ~lluti~ ~ safety ~n~ f~ ~ nay- ~ Clea~s Point ¥illage Condc~iniu~ and Cleaves Poi~%~ C~ OO~d~inum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Su~mit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his i~nediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature ~ ~s~/ Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum ~-nnet Orlo~ski,' Jr,, Chairman Town of Southold Plannin~ Board $30~5 M~in Rd. P.O.~:~ ~79 ~outhold, New York 11971 Summit Estates, East Marion, Covenant & Restriction Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter ts b~lng for- warded to express opposition to any sought approvals that would cha~ge the use of th~ dock. It is understood that the dock, as currently conveyed, is being used by the single family =esidenc~ located c~ Lot 33, and in this ~e~pect, use Of this dock.by more than ~wo boats other than those of the owner (of Lot 33) and hi~ hm~ediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (frmm which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in con~ested waterways. Cleaves Point ¥illa~e Cor~fominium and Cleaves Point C~.~[~ns Condominum TOTAL P,01 Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Surmnit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited w~ter frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. / -:.,. ?: , si9nature ~, ~%~N6~ unit Cleaves Point Village Condominium and Cleaves Point Colons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Surmnit Estates, East Marion, N.Y. Covenant & Restriction ~i1 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his irmnediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards ' !ted waterways. I Unit Village Condominium and Cleaves Point Con, nons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P. O. Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two beats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Cleaves Point Village Condominium and Cleaves Point Co~m~ons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. p.o. Box 1179 Southold, New York 11971 Re: Su~nit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Si~[ure ~ kU 8~-' Uni[ ~ Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O. Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, Covenant & Restriction ~1i NoYo Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of $outhold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Surmmit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two beats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited w~ter frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. 'Signature ~L~0~ Unit Cleaves Point Village Condominium and Cleaves Point Cordons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his irmnediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Si~a~re O--~d%R~ ~6~-~q~ f~O-~0~ Unit Clea~zes Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Sub, nit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two beats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by beats or foot traffic would stress the very limited w~ter frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. S 19nature/~L~I Cleaves Point Village Condominium and Cleaves Point Commons Condominum Banner Orlows~i, Jr., Chairman Town of Southold Planning k~oard 53095 Main P.O.BOX 1179 Southold, New York 11971 Dear M~. Orlowskl: Stm~it ~,states, East Marion, N.Y. Covenant & Restriction #11 As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approval8 that would change the use Of the dock. It is understood that the dock, as curreatly conveyed, is being used by the single la,lily residence located on Lot 33, and in this respect, use of this dock by more then two boats other than those of the owner (of Lot 33) and his i~tediats family Would be a violation of the Town Zoning Ordinance. Any i~creased use of this dock by boats or foot traffic Would stress the very limited w&ter frontage (frcla which this dock emanates) in negative ways that s~an general noise and pollution to safety concerns for the nav- igational hazards inherent in congested water,aye. Cleaves Point Village Condominium and Cleaves Point Con~ons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two beats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited w~ter frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature ~t~t~T%~ m. ~u0t~' / WI q;d~3 [~0l~' Unit Cleaves Point Villsge Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature ~8{~{~ 6.~06 ~m~% ~. ~ Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Surmnit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited wnter frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Siqnature~d~< ~%~P-~ ~q~ f'~;M~-fl Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature ~-~ ~' ~J Unit Cleaves Point Villnge Condominlum and Cleaves Point Commons Condominum FROM ; KIRSCH~AUM ;~HONP NO. : 17187~575 Jul. 18 1999 10;57PM Pi Banner 0riowski, Jr., Chairman Tow~ of 8outbold Planning Board 53095 Main Rd. P.O.BOX 3179 ~uthold, N~w York 11971 Re~ Su,m~t Estates, East Marion, Oo~m%ant & I{sstriction Dear Mr, Orlows~i: As nsighbor(s) of the above notsd subdivision, this lstter is being for- ~arded bo express opposition to any sought approvals that ~ould change tbs uss of ~e dock. It ~e under,todd that the dock, ss currently co~veyed, iS being used by the single family ~esid~nee located on ~t 33, an~ in this reagent, use of this dock by more thBn two ])oats o:her than those of the owner (of Lot 33) and his immediato family would baa violation of the Tuwn Zonin~ Ordinance. Any increased use of this dock by boats or foot trsffio ~ould stress the very limited ~atar frontage (from which this dock emanates) in negative ways that span g~neral noi~ and pollution to safety concerns for the nav- igational hazards inherent in uo~gss~ed waterways, ~ Cleaves Point Village Condcmtnitu~ and Cleaves Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Sun, it Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature ~k-V~-?~ ~) ~h~o~O ~3 t/ Unit Cleaves Point Village Condominium and Cleaves Point Co,nons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. S~3nature ~ ~0~/~ ~ ~"C~ Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum Be]~net Orlowskt, Jr., Chairman Town of Southold Planning ~osrd S309§ Main Rd. P.O.Box Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Dear Mr. Orlowski: As neighbor(s) of the above noted su~ivieion, this letter is being for- ~he use of ~he d~k. I~ i~ undezs~o~ ~ha~ ~he d~k, a~ C~ren~ly ~Veye~, ie ~ing ~e4 by ~he si~le f~tly residen~ loca~ed un ~t 33, and in this res~, use of ~his d~ by ~re ~han =wo ~ts other t~ ~hose of o~er (of ~ ~3) and his i~d~a~e f~ily ~,uld ~ a vioka~on of the ~ ~ning Ordinan:e, A~y increased uee of ~hie dock by boats or leo% 5ra£fic would stress the very lie/ted water fringe (fr~ which ~s d~k ~na~s) in n~ti~ ~Ts ~ha~ sp~ ~eueral noise and ~11uti~ %O ~afe~y ~ncerne for the nav- i~a~i~al ha~rds i~erent in ~nges~ water.aye, Bennet Orlowski, Jr., Chairman Town of Southold planning Board 53095 Main Rd. p.O.Box !179 Southold, New York 11971 summit ~states, East Marion, N.Y. C~nant & Restriction #11 Dear Mr. OrlowSki ~ neighbor(s) of ~he abOVe noted subdivisi~n, this letter is being for- waa~ded to ~rtss op~sition ~o ~y s~ht ap~o~Is t~ ~u~d cha~ ~ ~ of the d~k. It is ~t~ ~at th~ 4~k, as ~rently ~, ~i~ us~ ~ the single f~ily resid~ 1~%~ ~ ~t 33, and in ~er (of ~t 33) ~d his i~dla~ f~ily wo~ ~ a viola%i~ of Any incrsased use of this dock by boats or foot traffic wuuld strssk 'ths w~ry ~imited water fr~tsge (fr~ which this dock ~a~ate~) in negative ways that sp~U% general noise and pollutfO~ %o safety uor~erns for the nav- igational hazar4s inhere~b in congssted waterways. signature ~W~4{ ~=~%o~J bit · cleaves Point Village Condominium and CleaVeS Point C~n$ Con~minum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Sur~,it Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature ~ ~J -~ ~. ~L~-~ Unit Cleaves Point Village Condominium and Cleaves Point Colons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Su~it Estates, East Marion, N.Y. Covenant & Restriction #11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from whicil this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested ~.zaterways. Signature ~tl~ ~B-.--E Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Sun,nit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. ignatu~e ~m~S ~ Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum ~nnet 0rlo~i, Jr., ~ of Sou~hold Planning ~$09S ltain 1~. P.O.~ox 1179 Sou~holS, Ney Yo~k 11971 Covsnant & Restriction #11 ~ar ~r. Orio~ki~ ~r~ ~o ~r~o op~i~ion to any sou~h~ a~r~la r~, ~ o~ ~is d~k ~ ~re t~n t~ ~a~ o~r ~r (o~ ~t 33) ~ hi~ ~la~ f~iiF would very limited water ~rontai~ (£rc~ which this dock emanates) in n~attve ways ~at spin fle~ral nois~ an~ poiLution ~o safety c~n~erns for th~ nav- i~ational hazards instant in con~s~d waterways. Point Villsfle Cond~xnlnl~ and Cleaves Point Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Unit )int Village Condominium and Cleaves Point Commons Condominum Bennet 0rlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Su~it Estates, East Marion, N.Y. Covenant & Restriction ~tl Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature k015 R~ Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orl~ki, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O. ~ox 1179 ~outhold, New York 11971 D%&r Mr. Orlo%mki: Ret S~N~lt Estates, East Marion, N.Y. Covenant & Restric%io~ #l 1 A~ ~eighbor(s) of the above noted subdtvi~ion, ~:his let~r is being for- warded to eXpress op~;o~ition to any sought approvals that wou~4 change tl~ use of the dock. It is understood that th~ dock, as currently conveyed, is being used by the single family rseide~ locat~ on I~t 33, end in this respect, use Of th/s dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town ~oning Ordinance. Any increased use of this doer by boats Or foot traffic would stre~ the ver~ limited wmt~r frontage (frc~ which this dock emanates) in negative w~ys tha~ span general noise end Pollution to safety concerns for the nav- igational hazards inherent in con~ested waterwa).s. Unit Cleaves ~oi~t Village Condominit~ snd C~e~ves Point C~n~on~ ~oedO~inum TOTRL P.02 Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Su~it Estates, East Marion, N.Y. Covenant & Restriction #11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. > ~ ./7 Cleaves Point Village Condomini~ and Cleaves Point Colons Condomin~ ~ennet Orlc Town of Sou 53095 Main P.O.~o~ 117 Southo/d, Dear Mr. 0 As nsighbo~ warded to ~ the use of is being u~ respect, us owner (of Town Zoning[ Any increas very limits ways that igational hi Si~n~ Clea' ~ki, Jr., Chairman ,hold Planning 0oard Id. ~w York 11971 Rel sun. it E~ta%ee, E~st Marion, N.Y. Covenant & Restrictfon ~I1 owski; s) of the above noted subdivision, this letter is being for- press oDpoettion to any sought mpprovals that would chan~e he dock. It is understood that th~ dock, as c,/rre~%ly c~veyed, ~by %he single family residence located on Lob 33, and in this of this doc~ by more tha~ two beats other than those of the t 33) and his i~mediats family would be a violation of the 3rdinance. use of this dock by boats or foot traffic would stress the w~ter frontage (from which t2]Js dock ~anates) in n~tive m general noise and pollution ~o safety concerns for the nsv- ~ards inhsrent in congested waterways. Point Village Condominium and Cleaves Point C~xnons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited w~ter frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Unit ~leaves Point Village Condominium and Cleaves Point Co~nons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Sun, nit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his irmnediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature Unit Cleaves Point Village Condominium and Cleaves Point Colons Condominum ~ennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear ~,~. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is beinG used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his in~nediate family would be a violation of the Town ZoninG Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature Q-,~, '~ N% ~tq f~ Unit Cleaves Point Village Condominium and Cleaves Point Con, nons Condominum Bennet 0rlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Sub,nit Estates, East Mar~on, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Sxgnature ~6,~0 ~ I'~r~. Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Surmnit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Siw tur;O. Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum ~ennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P. O. Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Cleaves Poi~ Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ill Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature/~ ~T~ ~ Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Stm~nit Estates, East Marion, N.Y. Covenant & Restriction Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two beats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited w~ter frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Unit Cleaves Point Village Condominium and Cleaves Point Cormnons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature ~m5%'~b~t4~-' unit Cleaves Point Village Condominium and Cleaves Point Come, ons Condominam Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is beinG used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two beats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span General noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Sunsuit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his in~ediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited ~ater frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature ~-~ ~37k~%~ Unit Cleaves Point Village Condominium and Cleaves Point Colons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Su~nit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. ~avaes ~/~L~ ~x~'~ y ~/~2 Unit C Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. ~ Unit C illage Condominium and Cleaves Point Commons Condominum PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCFIIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 20, 1999 Donna Geraghty Victorian Realty 110 Front Street Greenport, New York 11944 RE: Major Subdivision for Summit Estates, Sections 1, 2, 3 & 4 SCTM# 1000-35-8-(5.4-5.18) & 38-7-(8-12) and Summit Estates, Section 4 SCTM# 1000-38-7-p/o 10 (a.k.a. SCTM# 1000-35-8-5.3) Dear Ms. Geraghty: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, July 19, 1999: BE IT RESOLVED that the Planning Board hold the hearing in regard to condition number 11 of the Declaration of Covenants and Restrictions open pending review by the Town Trustees in regard to the allowable number of boat slips and the allowable use of the dock for the dockage of boats. The applicant must apply to the Town Trustees in regard to the proposed use of the dock for boat slips and the dockage of boats. The Planning Board will re- open the hearing in regard to the conveyance of the dock upon notification from the applicant in regard to the use of the dock allowed by the Town Trustees. BE IT FURTHER RESOLVED to hold the final hearing for Summit Estates, Section 4 open until such time that the public hearing in accordance with Condition Number 11 of the Declaration of Covenants and Restrictions is concluded. Please contact this office if you have any questions regarding the above. Beh'n~ff Odowski, Jr. Chairman cc: Town Trustees : Pana-~or,~c FA;" S','STEI.1 FHO~IE /. PROTECTIVE COVENANTs AND SUMMIT ESTATES Page 9 RESTRICTiOns 1995 06:34~M P9 !0. The 9' wide s:rlp of land parallel to Main Road (N.Y. State Rte. 25), as shown on t~e final subdivision map is to be offered for dedication to Yew York State, and is To be kept available for dedication in perpetuity, by ~he Komeowners Association for future highway purposes. l!. The dock, and any futur~ expansion of such, be conveyed separa:~iy from'Lot No. 33 except by per~ssion of the.Sou:hold Town Planning Board after a public hearing, and if such conveyance shall be allowed, ~= shall be :o =he owner(s) of the park recreation area The declarant ~rants the continuing right in perp. e=uity to {he Town of Sou=ho!d or any of its designated representative= to inspect any areas designated as'open space, common areas or any s~m~la~ area descrLbed by a different nomenclature, so as to insure continued compliance with the covenants, terms and Provisions designated herein in regard to same a/~d t~ i~sure than such covenants, terms and provisions have not been violated' Declarant ~ran=s the con=inulng right in perpetuity to the Tow~ of ~outhold or any of its designated representatives to enforce the conditions and re~trictions of the Covenants as they relate to the open space, common area or any similar area described by a different nome~cla=ur~, and to take a~y legal action it deems necessary_ to enforce the conditions and resuric=ions of =he covenants. These rights of inspection aud enforcement shall be binding ~pon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and ~ransferees. CONTINUED ON PAGE 10 B~GINNING at a 9oint on the westezly side of Shlg~ard Lane, said point being situate the following three (3} COUrGeS and side of Marina Lane with the westerly side of Shipyard Lane: 1. along the arc Of a curve to the right having a radius of 40.00 feet a distanc~ of S2.83 feet, 2. South 37 deg. 45 min. 52 sec. East 109.50 feet, 3. South 37 deg. 06 ~in. 12 sec. Bast 9.98 feet; RUNN3NG thence from said point of Beginning along the 1. South 37 deg- 0S min. ~2 sec. East 822.S4 feet, 2. South 36 deg. S1 min. 12 sec. East 43.]2 feet to land now or fo=merl~ of Farkside Beights Co.; RUNNING thence South 54 deg. 0~ min. IS sec. West along land Section 1~ filed in the Office of the Clerk of Suffolk County as File Number 9425; follo~in9 five (5) course~ and distances: !. North 36 deg. 51 min. 12 sec. West 206.96 feet, 2. along the arc of a curve to the left having a red,us of 810.00 feet a distance of 100.32 feet, ~. South 36 deg. 51 min. I2 s~c. Eas% 758.07 feet, 4. Sou~h 54 deg. 06 min. 18 ~ec. West ~03.55 feet, 5. South !0 deg. 39 min- 48 ~ec. WeG% 33.0! feet to land nov Marguerite Tam Aexel the follow!ng four (4) courses and I. South 84 deg. 35 min. 38 sec. West 250.00 feet, 3- South 57 deW. 38 min. 28 sec. Weet 87.89 feet, 4. North 34 deg. 32 min. 32 sec. West 352.56 feet -RUHNIN thence through the above described fol!ovin9 f~ve (§) courses and d~etanceaz parcel the 1. along the acc o£ a curve to the left having a radius of 810.00 ~eet~a distance of 31.36 £eet, 2. North 46 deg. 44 min. 42 aec. West 50,00 feet, 3. alo 9 the arc off a curve to the right having a radius of DI ~ REP.,ORDED FEE F. MD Ely: ADDRESS: & Endorsement Page In Ibc VILLAGE ~, 035.00 m~ 08.00 o,,,. 005.004 and OISTR. 10O0 SEC. 038.00 BLK. 07.00 ~/o 010.000 GUBMAR REALTY CORP., with offices at i3-07 37th Avenue, Long Island City, New York wrf~l~e.$$L:-r~, that the par~y of the first part, in consideration of TEN and nO/100ths ( $ lO. 00) .............................................................. Mollars. lawful money of the United States, and other valuable consideration paid lying and ~ingX~fF~ at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and descrik~d as follow~: RUING thence from said point of Beginning along the northerly and westerly side of Chios Lane the follo%hng four (4) courses and distances: 1. along the arc of a curve to the left having a radius of 60.00 feet a distance of 213.52 feet, 2. along the arc of a cur%~ to the right ha~rin~ a radius of 40.00 feet a distance of 34.53 feet, 3. South 35 de~. 44 min. 22 sec. East 404.01 feet, 4. along the arc of a cu~ to the left b~ng a radius of 170.32 feet a distance of 180.30 feet to a Rec~e Basin as designated on Su~ivision Map of "Su~%it Estates, Section 1" filed in the Office of the Clerk of Suffolk County as File N%unber 9426; RUNNING thence along the Rec~harge Basin, "S~t Estates, Section 1" the followin9 t~D (2) courses and distances: 1. South 06 deg. 23 ~%in. 29 sec. East 127.40 feet, 2. South 55 deg. 27 min. 28 sec. West 200.18 feet to land now or formerly of Otto and June Schoenstein; RUNNING thence North 34 de~. 32 min. 32 sec. West along land now or fon~erly of Otto and June Schcenstein, land now or formerly of Constantine and Demetios Hartofilis and land now or formerly of Theodora G. and Mary Miller a distance of 274.21 feet to a point; RUNNING thence North 35 deg. 44 min. 22 sec. West still along land now or formerly Theodore G. and Mary Miller, land now or formerly of Kevin Robert and Anne Marie McElroy, and land now or formerly of Larry D. and Allison C. Bouts a distance of 665.24 feet to Parcel "A" Open Space, "Summit Estates, Section 1"; RUNNING thence North 84 deg. 15 min. 38 sec. East alon9 Parcel "A" Open Space, "Summit Estates, Section I" a distance of 346.24 feet to land now or formerly of New York State Department of Public Works; RUNNING thence South 33 deg. 35 min. ~8 sec. East alon9 land now or formerly of New York State Department of Public Works a distance of 134.21 feet to Lot 10, "Summit Estates, Section 1"; RUNNING thence South 28 deg. 43 min. 56 sec. West along Lot 10, "Summit Estates, Section 1" a distance of 102.09 feet to the ~oint or place of BEGINNING. CONTAINING an area of 4.4671 ACRES. BEGINNING at a 9oint on the westerly side of Shipyard Lane, said ~oint bein~ situate the following three (3) courses and distances as measured along the westerly side of Shipyard Lane from the northerly terminus of a curve connecting the southerly side of Marina Lane with the westerly side of Shipyard Lane: 1. along the arc of a curve to the right havin9 a radius of 40.00 feet a distance of 62.83 feet, 2. South 37 deg. 45 min. 52 sec. East 103.50 feet, 3. South 37 deg. 06 min. 12 sec. East 9.98 feet; RUNNING thence from said point of Beginning along the westerly side of Shipyard Lane the following two (2) courses and distances: 1. South 37 deg. 06 min. 12 sec. East 822.54 feet, 2. South 36 deg. 5I a~in. 12 sec. East 43.12 feet to land now or formerly of Parkside Heights Co.; RUNNING thence South 54~deg. 06 min. 18 s~c. West along land now or formerl} of Parkside Heights Co. a distance of 293.40 feet to land designated as Parcel "C" Open Space, "Summit Estates, Section 1" filed in the Office of the Clerk of Suffolk County as File Number 9426; RUNNING thence along Parcel "C" Open Space and Parcel "D" Park and Recreation Area, "Summit Estates, Section 1", the following five (5) courses and distances: 1. North 36 deg. 51 min. 12 sec. West 206.96 feet, 2. along the arc of a curve to the left having a redius of 810.00 feet a distance of 100.32 feet, 3. South 36 de~. 51 min. 12 sec. East 758.07 feeD, 4. South 54 deg. 06 min. 18 sec. West 203.55 feet, 5. South 10 deg. 39 min. 48 sec. West 33.01 feet to land now or formerly of Crescent Beach Condominium; RUNNING thence along land now or formerly of Crescent Beach Condominium, land now or formerly James P. Kavauagh, laud now or formerly James P. and Kathleen Kavanaph, land now or formerly of Fred R. and Jennie schoenstein and land now or formerl} John and Marpuerita Tam Aexel the following four (4) courses and distances: ]. South 84 deg. 35 min. 38 sec. West 250.00 feet, 2. North 34 deg. 40 min. 32 sec. West 427.54 feet, 3. South 57 deg. 39 min. 28 sec. West 87.89 feet, 4. North 34 deg. 32 min. 32 sec. West 352.56 feet to a RecharGe Basin as desiGnated.on Subdivision Map of "Summit Estates, Section 1"; RUNNING thence along RecharGe Basin "Summit Estates, Section 1" the following four (4) courses and distances: 1. North 55 deG. 27 min. 28 sec. East 160.97 feet, 2. North 20 deG. 18 min. 14 sec. East t73.64 feet, 3. North 76 deG. 22 min. 24 sec. West 118.03 feet, 4. North 06 deG. 23 min. 29 sec. West 115.00 feet to the southerl~ side of Chios Lane; RUNNING thence alonG the southerly, easterly, northerly, and again on the easterly side of Chios Lane the following four (4) courses and distances: 1. along the arc of a curve to the left havin9 a radius of I70.32 feet a distance of 35.58 feet, 2. North 25 deG. 06 min. 12 sec. West 50.00feet, 3. alonG the arc of a curve to the right having a radius of 120.32 feet a distance of 166.66 feet, 4. North 35 deG. 44 min. 22 sec. West 45.00 feet to Lot 7, "Summit Estates, Section 1"; RUNNING thence along Lot 7, Lot 6, Lot 5 and Lot 4, "Summit Estates, Section 1" the following five (5) courses and distances: 1. North 54 de9. 15 min. 38 sec. East 161.50 feet, 2. North 69 deG. 05 min. 45 sec. East 90.15 feet, 3. North 52 deG. I4 min. 08 sec. East 201.23 feet, 4. North 37 deG. 06 min. 12 sec. West 63.84 feet, 5. North 52 deG. 53 min. 48 sec. East 200.00 feet to the westerl) side of Shipyard Lane and point or place of BEGINNING. CONTAINING an area of~18.8516 ACRRE. EXCEPTING AND RESERVING IN AND TO THE PARTY OF THE FIRST PART the lo,lb-winG described premises: All that certain plot, piece, or parcel of land with the buildings and imwrovements thereon erected, situate, lying and beinG, at East Marion, Town of Southold, Count~ of Suffolk and State of New York, known and.designated as Lot 33 on an unfiled subdivision map entitled "Summit Estates, Section 3", bounded and described as follows: BEGINNING at a ~oint 6n the ~outherly side of Gus Drive, said point being situate the following three (3) courses and distances as measured along the southerl~ side of Gus Drive from the southerly terminus of a curve connecting the westerly side of Shipyard Lane with the southerly side of Gus Drive: 1. alon~ the arc of a curve to the left having a radius of 40.00 feet, a distance of 62.83 feet, 2. South 52 deG. 53 min. 48 sec. West 248.00 feet, 3. alonG the arc of a curve to the left havinG a radius of 810.00 feet, a distance of 104.94 feet; RUNNING thencefrom said point of BeGinninG alonG land known and designated as Parcel "C" Open Space and Parcel "D" Park and recreation Area on Subdivision Map "Summit Bstate~, Section 1" filed in the Office of the Clerk of Suffolk Count~ as file number 9426 the following three (3) courses and distances: 1. South 36 deG. 5i min. 12 sec. East 758.07 feet, 2. South 54 deG. 06 min. 18 sec. West 203.55 feet, 3. South 10 deG. 39 min. 48 sec. West 33.01 feet to land now or formerl~ of Crescent Beach Condominium; RUNNING thence along land now or formerl} of Crescent Beach Condominium, land now or formerly of James P. Kavanagh and land now or formerly of James P. Kavanagh and Kathleen Kavanagh the fol~owing .two (2) courses and distances: 1. South 84 de9. 35 min. 38 sec. West 250.00 feet, 2. North 34 deg. 40 min. 32 sec. West 293.32 feet to Lot 30, "Summit Estates, Section 3"; RUNNING thencs along Lot 30, Lot 31, and Lot 32, "Summit Estates, Section 3" the followinG three (3) courses and distances: 1. North 55 deg. 19 min. 28 sec. East 200.I7 feet, 2. North 25 deg. 53 min. 48 sec. East 202.45 feet, 3. North 36 deg. 5I min. 12 sec. West 260.00 feet to the southerl~ side of Gus Way; RUNNING thence along the arc of a curve to the right having a radius of 810.00 feet, along the southerly side of Gus Drive a distance of 50.70 feet to the point or ~lace of BEGINNING. CONTAINING an Area of~$~'] SUBJECT to an easement for ingress, egress and the ins=allation of utilities over a portion of the above described parcel as designated on Subdivision Map of "Summit Estates, Section 1", more particularly bounded and described as follows: BEGINNING at a point on the westerly side of Shipyard Lane, said ~oint bein§ situate the following three (3) courses and distances as measured along the westerly side of Shipyard Lane from the northerl~ terminus of a CUrVe connecting the southerly side of Marina Lane with the westerly side of Shipyard Lane: 1. along the arc of a curve to the right having a radius of 40.00 feet a distance of 62.83 feet, 2. South 37 deg. 45 min. 52 sec. East 103.50 feet, 3. South 37 deg. 06 min. 12 sec. Sast 572.48 feet; RUNNING thence from said point of Beginning South 37 deg. 06 min. 12 sec. East along the westerl) side of Shipyard Lane a distance of 130.00 feet to a point; RUNNING thence through ~he above described parcel the following three (3) courses and distances: t. along the arc of a curve to the left having a radius of 40.00 feet a distance of 62.83 feet, 2. South 52 deg. 53 min. 48 sec. West 248.00 feet, 3. along the arc of a curve to the left having a radius of 810.00 feet a distance of 4.62 feet to Parcel "C" Open Space, "Summit Estates, Section 1"; RUNNING thence along the arc of a curve to the left having a radius of 810.00 feet along Parcel "C" Open Space, "Summit Estates, Section 1", a distance of I00.32 feet to a point; RUNNING thence through the above described parcel the foliowin9 five (5) courses and distances: 1. along the arc of a curve to the left having a radius of 810.00 feet a distance of 31.36 feet, 2. North 46 deG. 44 min. 42 sec. West 50.00 feet, 3. along the arc of a curve to the right having a radius of 860.00 feet a distance of 144.72 feet, 4. North 52 de9. 53 min. 48 sec. East 248.00 feet, 5. along the arc of a curve to the left having a radius of 40.00 feet a distance of 62.83 fe~t to the westerly side of Shipyard Lane and point or place Of BEGINNING. TOGETHER with a right of way for ingress, egress and the installation of utilities over Marina Lane and Chios Lane and the Recharge Basin as designated on Subdivision Map of "Summit Estates, Section I". TOGETHER with a right of way over lands as shown as Parcel "A" Open Space, Parcel "B" Open Space, Parcel "C" Open Space and Parcel "D" Park and Recreation Area on Subdivision Map of "Summit Estates, Section 1". BEING AND INTENDED TO BE part of the same premises described in deed to the ~art) of the first part herein from deed dated September 15, 1995, and recorded ~o~. % ~, , 1995, in Liber ~%~ cp ~5~ in the Offic~ of the Suffolk Count~ Clerk. 35711 TORRENS APR 05 ~ E~ ....... s~l. LL~RK 0F ~T~ SUFFOLI~ COUNTY 4 ~ FE~ Nomuon Sub To~t EA-5217 (Coum y) ~ · Sub To~l ~ ~ '~ S~,/A~iL Affi~v~t ~ , C:~fi~ Copy ~sion T~ . Reg. Copy ~ will be improved by a one or two family Sub To~ ~ dwelling only. ~ [ ...... ~ R~I Prope~y Tax Service Agency Verifica on 6 ~tle Company lnfomtion ~ Dist. I Section ~ Block ~ (or if diffcmnu ~ ADD.SS: RECORD & RETURN TO 7 fADDRESS) ~Suffolk County Recording & Endorsement Page ~is page fores p~ of~e attached (SPE~FY ~E OF IN~U~ S~OLK COU~5; ~W YORK. In ~c V~AGE or H~ of BO~ ~U 9 MU~ BE TYPED OR PROD ~ BLACK ~K Henry P. Smith, Vice President Albert J. Krupsld, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD sUPERVISOR scoTr L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 April 9, 1992 Cleaves Point Condominiums Att: H. Boening & M. Greenstein P.O. Box 29 Greenport NY 11944 Re: Army Corps Appl. #91-0925-L2 Dear Mssrs. Boening & Greenstein: With respect to your letter of March 31, 1992 with attached letter from Congressman Hochbrueckner, this letter will confirm my previous letter of January 16, 1992 and as such there are no other actions available to the Southold Town Trustees concerning this matter at this time. Any further proposed alterations to the dock in question which are landward of the seaward most position as it is presently configured would require a wetland permit from this Board as an accessory use by Mr. Fakiris' house. The permanent use of this dock by more than two boats other than those of the owner and his immediate family would be a violation of the Town Zoning Ordinance. Although I honestly do not believe there are any other branches of Southold Government other than the Trustees and Planning Board which would be involved with this structure on an approval/denial basis at this time, you may wish to contact the legal department and the chairman of the Zoning and Planning Boards for their own response in this matter. S~ely, __ ~ Bred~ President, Board of Trustees cc. TA Planning Board Zoning Board TRUSTEES John M. Bredemeyer, HI, President Henry P. Smith, Vice l~sident Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box ! 179 Southold, New York 11971 January 16, 1992 *CORRECTED COPY Land Use Co. 2576 Sound Avenue Baiting Hollow, NY 11933 RE: Peter Fakiris SCTM ~1000-38-1-18 Dear Ms. Lachenmeyer: The Trustees inspected the above referenced site on January 9, 1992. The Trustees find the extension of the dock to be out of their jurisdiction by virtue of being greater than 5' in depth below mean low water. The Board feels the extension provides for an extremely large facility and if built would be equal to a marina and could impede navigation to neighboring docks. If you have any questions, please do not hesitate to contact this office. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: Dept. of State, Mohabir Persaud COE/N¥ District - Roberto Barbosa DEC - Christine Costopoulos CAC GAlL S. SHAFFER SECRETARY OF STATE STATE OF NEW YORk DEPARTMENT OF STATE ALBANY. N.Y. 12231 -OO01 April 24, 1992 Ms. Tanya Lachenmeyer Land Use Company 2576 Sound Avenue Baiting Hollow, New York 11933 Re: F-91-5~2' U.s. Army gorps of Engineers/Hew York District 'Permit Application'~91-925-L2 Peter Fakiris Town of Southold Suffolk County Dear Ms. Lachenmeyer: The Department of State has completed its evaluation of your Federal Consistency Assessment Form and certification that the above proposed permit activity complies with New York State's approved Coastal Management Program, and will be conducted in a manner consistent with this program. Pursuant to 15 CFR Section 930.63, and based upon the project inforraation submitted, the Department of State concurs with your consistency certification subject to the following conditions: 1. The facility will not be used for commercial purposes at any time. 2. Only boats owned by Mr. Peter Fakiris are to be moored at the proposed private docking facility. This concurrence is without prejudice to, obtain all other applicable licenses, permits, existing State statutes. and does not obviate the need to and approvals required under A copy of this decision has been sent to the Corps of Engineers. GRS:MP:mm cc: COE/NY District - Roberto Barbosa NYS DEC/Region I - Robert Greene Town of Southold - Bennett Orlowski &Waterfront Re v it ~,~ ~,~t ~io.n- · SO:'". "'-%"- -- May 5, 1992 Southhold Town Planning Board 53095 Main Road Southhold, NY 11971 Summit Estates Sec. 1 East Marion S.C.T.M.-# 100-35-8-53 Dear Board Members: In response to your question of the use of the dock which is situated on the park & recreation area for Summit Estates. The intended use of said dock is for the exclusive use of Mr. Fakiris, for the purpose of docking his own boats. If you have any further questions please contact me at (516) 369- 8515. Sincerely, PLANNING BOARO 11 WEST MAIN STREET, RIVERHEAD, NY 11901 · (516) 369-8515 · FAX (516) 727-3707 110 FRONT STREET, GREENPORT, NY 11944 · (516) 477-2730 · FAX (516) 477-8643 EAST HAMPTON OFFICE 20 MAIN STREET EAST HAMPTON, N-Y.11937 (516) 324-1200 htr p://www.suf f oiklaw-com e-mail: ddub[n~,suf folklaw.com JANICE L. SNEAD MARTHA L. LUFT ~OBERT K. HOWAF~D 1 JANE a. BARTON DWAYNE S. WAGNER JON A. WARD OF COUNSEL July 19,1999 VIA FACSIMILE and FIRST CLASS MAlL Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Proposed Major Subdivision for Summit Estates - Sections 1,2,3&4 SCTM #1000-38-7-(10-12) and 35-8-(5.4-5.18) Dear Chairman Orlowski and Board Members: This firm has been retained by Cleaves Point Condominiums and Crescent Beach Condominium, which are situated immediately adjacent to the east and west respectively of the subject premises. The purpose of this letter is to identify certain objections that these homeowners maintain to the applications presently before the Planning Board, i.e., seeking permission (i) to segregate and designate Lot No. 33 as a new section in the proposed subdivision (Section 4), and (ii) to allow four (4) slips off the dock, two slips for Lot No. 33 and two slips for "the developer". As explained below, we feel that setting off Lot No. 33 as a new section is premature, and permission to allow four (4) slips off the dock should be referred to the Town Trustees or Zoning Board for a variance of the requirements of the Town Code. At the outset, it should be noted that Condition No. 11 of the Declaration of Protective Covenants and Restrictions for Summit Estates, entered by Mr. Fakiris on July 17, 1992, and recorded on July 23, 1992, provides as follows: Bennett Orlowski, Jr. July 19, 1999 Page 2 "The dock, and any future expansion of such, cannot be conveyed separately from Lot No. 33 except by permission of the Southold Town Planning Board after a public hearing, and if such conveyance shall be allowed, it shall be to the owner(s) of the park and recreation area only." A review of the Suffolk County Clerk's records reveals that there has been a conveyance that has occurred without a public hearing as required by Condition No. 11 of the Declaration of Covenants and Restrictions. By deed dated September 15, 1995 and recorded on November 14, 1995, Mr. Fakiris conveyed the property to Peter Mourkakos. A copy of the deed from Mr. Fakiris to Mr. Mourkakos is enclosed. For the record, Mr. Mourkakos flipped the property to Gusmar Realty Corp. by deed dated September 19, 1995, but not recorded until April 5, 1999, reserving to himself Lot No. 33. A copy of that deed is also enclosed. With respect to the applicant's request to the Planning Board for permission to allow four (4) slips off the dock extending from Lot No. 33, such request exceeds the Town Code's requirement that a private residential dock is restricted to no more than two boats other than those owned by the owner and his immediate family. See, Town Code §100-31(C)(3). On this subject, it should be recalled that, back in 1992, the applicant (Mr. Fakiris) attempted to extend his dock and its usage. The matter was referred to the Town Trustees and to various other agencies. At that time, the President of the Town Trustees stated that the use of the dock by more than two boats other than those of the owner and his immediate family "would be a violation of the Town's Zoning Ordinance." A copy of the Town Trustees' letter dated April 9, 1992 is enclosed. The Town Trustees also stated that the proposed extension would provide for "an extremely large facility and if built would be equal to a marina and could impede navigation to neighboring docks." A copy of the Town Trustees' letter dated January 16, 1992 is enclosed. In addition, the Director of the Division of Coastal Resources & Waterfront Revitalization of the Department of State stated that "only boats owned by Mr. Peter Fakiris are to be moored at the proposed private docking facility." A copy of the Director's letter dated April 24, 1992 is enclosed. Moreover, the applicant at that time stated that the "intended use of said dock is for the exclusive use of Mr. Fakiris, for the purpose of docking his own boats." A copy of Ms. Geraghty's letter dated May 5, 1992 is enclosed. Bennett Orlowski, Jr. July 19, 1999 Page 3 For these reasons, we respectfully request that the issues of the permanent ownership of the dock and its usage should be resolved before the Planning Board takes any further steps in connection with this matter, and that the applicant should be directed to apply to the Town Trustees and/or the Zoning Board for a variance of the Town Code if it seeks to use the dock by more than two boats other than those owned by the owner. Given the Town's concern for shellfish and watercraft safety, we believe that these issues should be addressed at this time, especially since it appears that "the developer" is advertising that 35 homesites will have "boating" (see enclosed). We would appreciate your including this letter as part of the record of the referenced application, and we thank you for the opportunity to comment on this matter. DMD/lmk Enclosures cc: Cleaves Point Condominiums Crescent Beach Condominium (~ly y~ ELIZABETH A. NEV]LLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone 1516) 765-1800 OFFICE OF TIlE Tt)WN CI.EI{I( TOWN O1,' SOUTIIOI.I) APPLICATION FOR PUBLIC ACCESS TO RECORDS INSTRUCTIONS: Please complete Section I of this form and give to Town Clerk's Office (agency Freedom of Information Officer). One copy will be returned to you in response to your request, or as an interim response. SECTION I. TO: / ,/~ (.~)~'? f'y'"/'~' ~. (Department or Officer, if known, that has the information you are requesting.) RECORD YOU WISH TO INSPECT: (Describe the record sought. If possible, supply date, file title, tax map number, and any other pertinent information.) Signature of Applicant: -.'' Printed Name: ~:'~'1/ }~::/?z~_ b-~, ;, Address: : ~/., , Mailing Address (if different from above): Telephone Number: -~'/~'~ /' ,2 '2 '~' ~" ~" Date: [ ] APPROVED [ ] APPROVED WITH DELAY* [ J DENIED* ~. N'eville Freedom of Information Officer Date * If dela, or tenied see rse side for ~lanation.