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HomeMy WebLinkAbout1000-31.-6-28.1MICHAEL SETOFF AND LOT LINE PREPARED NIAMONITAKIS AND MODIFICATION MAP ros EMANUEL NIAMONITAKIS SITUA TED A T EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-31-06-28.1 1000-31-06-29 SCALE 1"=100' JULY 24, 2001 OCTOBER 11, 2001 REVISED SKETCH PLAN MARCH 29, 2002 ADDED BOARD OF HEALTH DATA JULY 18, 2002 REVISED FOR FILING OWNER EXISTING LOT AREAS' S.C. TAX LOT No, 1000-31-06-28.1 = B16,993 sq, ft. 18,756 oc. S.C. TAX LOT No. 1000-31-06-29 30,000 sq. ft. 0.688 oc. TOTAL LOT AREA = 846,993 sq. ff. 19.444 ac, & APPLICANT: MICHAEL & EMANUEL NIAMONITAKiS P.O. BOX 411 BROOKLYN, NEW YORK, 11209 CERTIFIED TO. COUNTY OF SUFFOLK LAWYERS TITLE INSURANCE COMPANY KEY MAP SCALE 1"=600' %/' THIS IS TO CERTIFY THE SUBDIVISION PLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY PESOLUTION OF APPROVAL DATED CHAIRMAN PLANNING BOARD I HEREBY CERTIFY THAT THIS WAS MADE BY US FRObi ACTUAL SURVEY ,JULY 24, 2001 AND fHAT CONCRETE MONUMENTS SHOWN THUS HEREON ACTUALLY EXIST AND CORRECTLY DIMENSIONAL AND GEODETIC CORRCCT 14.979 -- -]2 ......... LOT 2 LOT B TOTAL LOT AREA = 159,98a sq, fl, 5,212 ac NOTE. 1. ELEVATIONS SHOWN ARE SCALED FROM TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS. EXISTING ELEVATIONS ARE SHOWN THUS:-"a~ EXISTING CONTOUR LINES ARE SHOWN THUS: .... 2. THIS SURVEY IS IN THE 1927 NEW YORK STATE PLANE COORDINATE SYSTEM. SOURCE; SUFFOLK COUNTY MONUMENT No. 10-1240, ON NORTH SIDE OF MAIN RD. 30'± WEST OF ROCKY POINT RD. SUFFOLK COUNTY MONUMENT No. 10-1259, ON EAST SIDE OF ROCKY POINT RD., 1/2 MILE NORTH OF MA~N RD 3. PURCHASE OF DEVELOPMENT RIGHTS AREA SHOWN THUS: I/~////]'~]t 4. DIRT FARM ROADS IF ANY ARE NOT SHOWN. TEST HOLE DATA TYPICAL 21-312 PLOT PLAN (NOT TO SCALE} APPP, OVED BY PLANNING BOARD TOWN OF SOUTHOLD N,Y,S L,c, No, 49668 Joseph A. Ingegno Land Surveyor -- Subdivisions -- Site Plans Construction Loyout Fex (651)727-1727 ?e~uUer, P.E. TYPICAL SEWAGE DISPOSAL SYSTEM / ~*FFLE SEPTIC TANK LEACHING POOL PL~I~G BO~HD MEMB~ JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 119 71-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 15, 2004 Ms. Madan Sumner c/o Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 Re: Proposed Set-off & Lot Line Change for Michael Niamonitakis Located on the south side of Main Road, East Marion SCTM#s1000-31-6-28.1 and 29 Zone R-40 Dear Ms. Sumner: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, June 14, 2004: WHEREAS, this proposed subdivision is to set off a 1.253 acre lot from an 18.756 acre parcel; and WHEREAS, this proposed lot line change between M. Niamonitakis and R. Ross is to subtract 2.524 acres from the 18.756 acre parcel and to merge it with an existing 0.688 acre lot, resulting in a 3.212 acre lot (SCTM#1000-31-06-29); and WHEREAS, the Development Rights will be purchased by the Suffolk County on 12.89 acres of Lot 1 (SCTM#1000-31-06-28.1); and WHEREAS, on July 9, 2002, the Southold Town Planning Board granted conditional preliminary approval on the plat, dated & last revised on March 29, 2002; and WHEREAS, all conditions of conditional final approval have been met; and WHEREAS, the Suffolk County Department of Health granted approval of the action on May 7, 2004 (updated); and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; therefore be it RESOLVED, that the Southold Town Planning Board grant final approval on the final plat, dated as revised July 18, 2002, and authorize the Chairperson to endorse the final map upon the fulfillment of the following condition: Niamonitakis - Page Two - 6/15/04 The filing of the final Covenant and Restrictions with the Office of the Clerk of Suffolk County and upon filing, the recording of the liber and page numbers upon the final plat. The mylar maps, which will be endorsed by the Chairperson as noted above, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval (Chairperson endorsement) shall become null and void. Please contact this office if you have any questions regarding the above. Vet7 truly yours, ouse Chairperson encl. CC: Melissa Spiro, Land Pres~:rvation Coordinator Michael Verity, Chief Buji~ding Inspector Tax Assessors ~ / SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Ty~e of Instrument: DECLARATION/DOP Number of Pages: 7 Receipt Number : 04-0068974 District: Section: Block: 1000 036.00 06.00 Recorded: LIBER: PAGE: EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $21.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $0.00 NO Notation Cert. Copies $5.00 NO RPT SCTM $0.00 NO THIS PAGE Fees Paid IS A PART OF THE INSTRUMENT THIS IS NOT A BILL 06/17/2004 04:41:46 PM D00012325 724 Lot: 028.001 Exempt SS.00 NO $15.00 NO $0.00 NO $30.00 NO $81.00 Edward P.Romaine County Clerk, Suffolk County Number of pages · TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument 41 Page / Filing Fee Handling , TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Reg. Copy Other q Deed / Mortgage Tax Stamp FEES Sub Total _~ / /5 f SobTota, Real Property Tax Service Agency,Verification Dist' [ Section [ Block I Lot Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp FEES RECORDED 2004 Jun !7 04:41:46 PM Edward P.Ro~.~ine CLERK OF SUFFOLK COUNT'¢ L D000!2325 P 724 Recording / Filing Stamps Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town~ Dual County__ Held for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. Communil3r Preservation Fund Consideration Amount $ RECORDED ~_:.,..':',¥:a, Jvn i 7 04: 4i: 46 '-'*'~,,, CLERK OF SLIFFOLK C00f~T'¢ L 0000t2325 Recording / Filing Stamps DECLARATION OF COVENANTs & RESTRICTIONs THIS DECLARATION is mad · ' Emanuel Niamotd · · e th~s da of re takis residin ~ Y 004 b ' ferred to as ~- .... g at 111 Mar/n~ 'af~ Y Michael Ni .... '- -. -m L~eCLARANT. '- .'weohe, Brook/ ..... ',,-umhaxls and · , ya, ~,~ r 11209, here/nailer WITNESSETH: WHEREAS, the DECLARANT. the Ma/n Road (N.Y S r, .... ~s the owner ofcerta/n · · ~.uute 25), Town ofSouthold ot.~-?r°perty situate on the South side of particularly bOUnded and descr/bed in Schedule "A" attached hereto (here/nafter referred to as · --, ouuxouc County, New York, more the .Property),:~d W//EREAS' the DECLARANT has made received conditional approval from the Plann/ne Boar,~ ~,- a~ application for and hay set-off and lot 1/ne change, as shown '~ ,~ mine rown of Southold to '~a;;ement -~muaneously be fil i, ~-~o~m ~urveyor, last da ~' ~_ ~mcnael Niamonit . ,, a ed ...... ~ ,-,race otthe Suffolk t--.t~ A~u. gu~t 2, 2002 which · ~,unty Clerk; and WHEREAS, for and in consideration . . Town of Southold has deemed it to be in thc best interests of the Town of Southold and the .owners and prospective owners o ~ · of the granting ~fsa~d approva/, the Plann/ng Board of the _Un_p°.sed. onsaidlotslan.2 o,a {smd !°ts that the w~th/n Co ~equirea that the with;- ~- ,' '~'.~ a' ana as a cond/~; ...... venants an~4~es~c6..-- '" ~Jeclaration be record,.a ;_ ~,~-..o~sa~d approvaL/said m~_~.''~ ~oe W/~REAS, the DECL . ~,- m me ~uffolk County/", -,*"umang ~oard has will be for the best ' te ~ has considered the . _ y.~-4enc s Office; and m--rests ,,f the DECLAR ~, ~_f~oreg. omg and have determ;,~a ,~ -~ ..... ,,whets of said Parcel; --~ ~ * ~ulO SUDseon~n~ ~ ~u tna~: the sa/lie NOW, THEREFORE, THIS DECLARATION WITNESSETH: hTheraet, the D. ECLARANT, for the - u 1o ana,~ hereafter h,, ~ t. , COvenant ann o,~. .. lO. ns above exnreoo .a _shall nm with the I}2,~ ~u-?~t to the followin, co;22_~.~e,e mat the smd lots with/;~-.~:..°xea',a.°.e,s Pronertv th~: t · o.,,,.~ oam shall be b/nd/-- -~' ~uanrs and restr/ctiono ~ ~_ .oma. suOdlv]sion : --~, ,~,otr heirs, execut,-~- J . . .,ts upon ail purcha~qt~r~ ~ , ° ~ aerem clted, wh/ : ~"~, aammlstrators, legal re resen~i~' o .wn. er.s and homers of sa/;h assigns, to wR P es, &str/butees, successors and 1) There shall be n° further subdivision of lot 3 in perpetuity, 2) The two building areas in Lot 1 with frontage along the Main Road (N.Y.S. Route 25) are part of Lot 1, and shall not be separated from Lot 1 in Perpetuity, 3) 4) Lot owners 1 and 2 shall have a mutual non-exclusive, perpetual easement over. and access across the common driveway, wkich is part of Lot 1, for the purpose of pedestrian and vehicular ingress, egress and regress, as well as to tie-into, flow through and use the utility services located on, over or under the common driveway, Lot owners 1 and 2 shall be responsible for and pay equally for the work of extending, repairing and maintaining such common driveway from the entrance at Main Road (N.Y.S. Route 25). The use of the existing common driveway is limited to access and egress from Lots 1 and 2 of said subdivision and shall not provide access to any adjoining properties, and Prior to issuance of any residential building permits on Lots 1 and 2, the 16 foot wide common driveway must be coustmcted. These covenants and restrictions shall mn with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town. If any section, subsection, paragraph, clause, phrase or provision of these covenants and xcstrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall mn with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, afier a public hearing. By: ~'cha~e{ ~F, J3te DECLARANT above named have executed the foregoing STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: ~ On this /q day of~7-~//V' in the year 2004 before me, the undersigned, .personally appeared'~l/d,,~.,.g..d./e,n.~./~.al)e~onally known to me or proved to me on the b..~.lS of satisfactoD, evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that hedshedthey executed the same in his/her/their capacity(les), and that by his/her/their signature(s} on the instrument, the individual(s), or the person u!aun behalf of which the individual(s) .acted, exeeute6.the instrument. - STATE OF NEW YORK SS: COUNTY OF SUFFOLK I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPAFJED THE ANNEXED COPY OF/ DEED LIBER ~AT PAGE //~ RECORDED 6]1'7./0¥ AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF IIN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS //~ ,~'/~ DAY OF -'~'lJ/]e.__ CLERK ~xtotaty/'u61ic KOULA POLITIS Notary : ic, Stateof .. iP050195 in Kings C Schedule "A" ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southeasterly side of Main Road (N.Y.S. Route 25) distant 621.48 feet Northeasterly from the comer formed by the intersection of the northeasterly side of Gillette Drive with the Southeasterly side of Main Road; RUNNING THENCE North 39 degrees 16 minutes 18 seconds East along the sOutheasterly side of Main Road, 73.39 feet; THENCE South 41 degrees 44 minutes 52 seconds East, 133.35 feet; THENCE North 44 degrees 03 minutes 58 seconds East, 296.72 feet; THENCE South 41 degrees 17 minutes 32 seconds East, 146.30 feet; · THENCE South 41 degrees 00 minutes 32 seconds East, 630.01 feet; THENCE north 43 degrees 54 minutes 28 seconds East, 69.48 feet; THENCE South 41 degrees 15 minutes 22 seconds East, 293.08 feet; THENCE South 37 degrees 10 minutes 28 seconds West, 382.16 feet; THENCE South 40 degrees 30 minutes 12 seconds East, 269.30 feet, to the northwesterly side of Dog Wood Lane; THENCE South 50 degrees 26 minutes 38 seconds West, 418.88 feet to the northeasterly side of Ceclar Lane; THENCE along the northeasterly side of Cedar Lane the following two (2) courses and distances: I. North 38 degrees 55 minutes 32 seconds West, 406.48 feet; 2. North 39 degrees 44 minutes 42 seconds West, 743.70 feet; THENCE North 47 degrees 01 minute 18 seconds East, 316.38 feet; THENCE North 39 degrees 49 minutes 22 seconds West. 335.10 feet to the southeu~qterly side r}f Main Road, the point or place of BEGINNING. EXCEPTING so much of the premises known as District I000, Section 031.00, Block 06.00 and Lot 029.000: ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the westerly comer of the subject premises, said beginning point also being located the following four (4) courses and distances from the comer formed by the intersection along the southeasterly side of Main Road with the northeasterlY side of a private road: South 26 degrees 10 minutes 10 seconds East, 335.10 feet; South 60 degrees 40 minutes 30 seconds West, 316.38 feet; 3. South 26 degrees 05 minutes 30 seconds East, 628.83 feet; 4. North 64 degrees 23 minutes 20 seconds East, 319.43 feet to the point of beginning; RUNNING THENCE North 64 degrees 23 minutes 20 seconds East, 200 feet; THENCE South 25 degrees 36 minutes 40 seconds East, 150 feet; f~ THENCE South 64 degrees 23 minutes 20 seconds West, 200 feet; THENCE North 25 degrees 36 minutes 40 seconds West, 150 feet to the point or place of BEGINNING. TOGETHER with a right of way for egress and ingress over lands now or formerly of Jean Schneider and/or James W. Kent which fight of way is fully described in schedule "B" annexed hereto and made a part hereof. TOGETHER with all right, title and interest, if any, of the of the seller and any further rights of way to pass and repass for street purposes over all streets on a ce~dn map entitled "Map of Section Two Gardiner's Bay Estates Situate at East Marion, Long Island" and filed in the Office of the Clerk of the County of Suffolk on September 23, 1927 under no. 275, including "the paths" leading tothe beach. TOGETHER with the fight, if any to use the beach lying between Spring Pond and the Bay and Old Orchard Lane and the Channel marked upon the said map as "Beach For Use of Lot owners" for bathing and similar purposes and together with a right of way, if any over Old Orchard Land and over the beach to said waters, such right to be in common with other persons to whom such fights may have previously been granted. ALL of the aforementioned rights, titles and interest, if any are subject to all covenants of restriction to the smnc d~gxce ilmt the seiier have been subject. SCHEDULE"B" THAT certain'pi ' ' ~ fully d ot, p~ece orpareel of'Far/d, escribed in Schedule A is granted an easement for the purpose of ingress and egress as a right of way over an abutting parcel of land now or formerly of"Kent" and that easement is described as follows: .BEGINNING at a point that is the following three courses from the northwesterly comer of lot number 181 on the map of Gardner Bay Estates, Section 3,: 1. North 26 degrees 51 minutes 00 seconds West, 100 feet; 2. South 64 degrees 23 minutes 20 seconds West, 90 feet; 3. North 25 degrees 36 minutes 40 seconds West, 125 feet to said point of beginning; RUNNING THENCE through "Parcel "A", South 64 degrees 23 minutes 20 seconds West, 319.43 feet to the easterly line ora 30 foot-wide private road; THENCE along said easterly line North 26 degrees 05 minutes 30 seconds West, 25 feet; / THENCE along through Parcel "A" North 64 degrees 23 minutes 20 seconds Efist, 319.543 feet to land now or formerly of"Kent"; . THENCE along_the westerly line of said land of "Kent", South 25 degrees 36 minutes 40 seconds East, 25.0 feet to the point of BEGINNING. THIS LOT LINE( IN fANGE BETWEEN IS LOCATED ON AND LOT LI) CHAN I Application reviewed at work session Applicant advised of necessary revisions Revised sub mission received Lead Agency Coordination SEQRA determination Sent to County Planning Commission Review of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Final Public Hearing Approval of Lot Line -with conditions Endorsement of Lot Line ms 1/1/90 PLANNING BOARD BENNETT ORLOWSKI, JR. Chairman W~r.r4M J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIA1VO Tovra Hall, 53095 .~tat~ Route 25 P.O. Box 1179 Southold, Hew York 11971-0969 TelephOne (631) 765-1938 Fax (631) 766-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form Name of Subdivision: Niamonitakis Lot-Line Modification Suffolk County T~x Map # 1000- 31 - 6- 28.1 / 29 Type of' Subdivision: Major Minor Set-Off ( Lot-Line ) Cluster Subdivision: Yes ( No ) Hamlet: East Marion Street Location: Cedar ]Sahe Acreage: Approximately 2.4 acres to be added to lot 29 Number of Lots: Zoning DisUict: R-40 Date: 8/8/01 Please list name, mailing aWW~ess, and phone number for the people below: Applicant: 111 Marine Avenue Brooklyn, NY 11209 (718) 439-1800 Agent handling the application: (Contact P rson) Peconic Land Trust Marian Sumner (~1) 283-3195 ext. 26 177~. ~m~lAhmmpkon, NY 11969 Property Owners): ~ ohn~ N'i amon ~ t alcl. s Surveyor:. En~n~r: Joseph Inaeono Land Surveyors P0B 1931 Riverhead, NY 11901 ~631) 51020 Main Road Southold, NY 11971 Other Has this property had a previous application to the Pla~-i~g Board? Has this property previously received a SEQRA re~Aew? Have you had any pre-submission coherences with the Planning Board? Does this ~pplication have vahances from the Zoning Board of Appeals? AppL No. Date Is this property adjacent to any bodies of water? Yes (No) Are there any wetlands on the property? Yes (No) Are there public w~ter mains in an adjacent street? (Ye~ No Is public water proposed for the subdivision? Yes ( No Are there any existing easements on the property? Yes ' (No) Is there a proposed sale of development fights on part of the property? Is there a mortgage on the property?, yes (No) Does the owner own any adjacent properties? "t' Yes ( No ) Yes ~ No Yes No) Yes No Yes (No) (Y'es) No Are there any building permits currently pending on this property? Yes (No) ·- I--~ROJECT I.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM Fo*r UNLISTED ACTIONS Only PART I~PROJECT INFORMATION 0'o be completed by Applicant or Project sponsor) SEQR 1. APPLICANT/SPONSOR [ 2. PROJECT NAME · Michael Niamonitakis/peconic Land TruSt Niamon{~.nki~ T.nk-T.{nP H~F~'mn~'~n~ 3. PROJECT LOCATION: Municipality Southold County. S1]E~C~I k' Cedar Lane, East Marion [] New [] Ex.ansion [~] Modlficalionlalteration SCTM~1000-31-6-29 modify lot lines to increase by approximately 2.4 acres g. WHAT IS PRESENT LANO USE IN VICINITY OP PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] ParkIForesUOpen space [] Other Active farmland with houses around the per/me%er 12. AS A RESULT OF PROPOSED AC~ON WILL E~ISTING pERMIT/APPROVAL REQUIRE MOOIFICATION? [] Yes [:] No N/A I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I If the action is In the Coastal Area, and you are a state agency, complete the / Coastal Assessment Form before proceeding with this assessment OVER 1 FAX NO. : ,.Tun, 25 2~1 BS:49PM P2 OWNER'S ENDORSEMENT STATE OF NEW YORK) Ss COUNTY OF SUFFOLK) ! am: (ch~ck one) a part owner in fee; or the sole owner in fee; or · I1 offi¢~l' of. the corporation which is the owner in fee of the premises dcseribcd in the foregoing application. I reside at: ,..//i- ::~,,'~ //~cw~ ,,, , _ . Mailing Address ... /i ?. Xl~.~ ~-~ .I/n :, q ...... Hamlet/Post Offi~JVillage ' I have authorized PECONIC LAND TRUST, INC. to represent me with regard to the set off and lot~z[e m~llc~on applications for $CTM# 1000-31-6-28.1 located (If the owner is a corporation, please indicate the name of the corporation and the title of thc corporation officer whose signature appears above.) Notary Public The To',.'n Off $outhoLd's Code oE Ebhl-cs p=oh£b[bs con£L.[cts OE Interest on the pa:[. off ~ow~ o~lce~s and employees. The ~pose o~ ~h[8 ~ocm is ~o poor[de [It~o~ma~[ol~ ~h[ch can alect bite town o[ .possible conflicts o[ to avoid same. Name OE pet'son employed by the Towtt of So~Jthold CONSULT YO~IVyIR IlllTORI SIGNING Tills INSTRUMEHT--THIS IHSTRUMEH~I~IJI. D BE USED IV ~WYERS OHLY. 10793 89 TII~ IND~ .,ids tile 30th &y ol Sep~embe~ ~liCteelt hm~dred and eighty-ei8ht [1201 JEAN SCiINEIDE~, residing at 72 Willow Street. Brooklyn, New York MICI[AEL NI~ONITAKIS AND ~YC~NUEL NEAMONITAKIS, residing at 111 Mariue Avenue, Brooklyn, New York 10708, (See attached Schedule "A") ,~N? lile imfly..(.,~the, first part. s I ertl, ,llm~cr wilh Rrellof, 15 o( the . e ~ ~'. ¢, vea Is thnt the 1.fly of on the 30 day of September lO 88, before me of On the day of 1968 , before me personally .came to me known to be the ifldivldu~J described in and who On the 30 day of September 19 88, before me personally c~Lme the subscribing witness to the fore~oinf instrument, with to be the individual described in and who executed the foregoing instrument; ~Bargain anb ~ale Beth TO .i ~)793.~9! lyln! and beln{ In the Town ol Southold, County of Suffolk, Stale of New York, hounded and dmscribed as flF.~lhNlN~ at tho northeasterly corner of the praises hereby north~'iterly corner ot I~nds lor~rly o{ Valuki{ and now o{ Porfiris: l/~n~ said {~nd o{ Porflrl~ 133.3~ ~ south 27 degrees 38 minutes 20 seconds easl along laud o{ ~plathourmkis 116,30 l~el 'Io land of Rich:er~ ~ South 27 degreb~ 21 mlnu~es 20 seconds e~st alon~ {ands oi Rlchler~Kln{,Kolloi~u~hlln, Rogers Ond D~unkowski 629.~ of~enkowskl iS.~Z feet~ ~ south 27 ~efrees 3~minutes 10 seco,ds oasl 293.08 to land flow ot tor~rlX ~f Gardlners BaX Estates. Secllofl 3: ~ Io,lh 2~ desrees ~1 minutes 00 seconds olasl 2fi9.30 to l~nd now or formerlx ot ~rdlners BaX EsTat~-Sectlon 2= '~ south G~ dec,ams O~ minutes ~0 seconds west alon{t the easterly lino of a right of ~ay known as "Cedar L~ne' ~ north 2~ de{roes 16 minu~es 20 seconds wcsl ~06.~8 ~E norlh 2~ de{roes {0 ' '~., .lsh, o~ .;~ ~;~:'_~ ~t~, ,,. ~.,, so.~ ~o.r.::??~''° Jo South 26 degrees J0 minutes I0 seconds east 335.10 feet 2. South 60 de~rees 40 minutes ~0 seconds west ~J6o3S fcc! 3. South 26 desrees 0~ minutes 30 seconds cast 628,$3 feet 4. North 64 de§tees 23 minutes 20 seconds east 319.93 feet the point of be~lnn|ng and fr~ siad point of bes~Jmin§. RUNNINC; THENCE north 64 degrees 23 minutes 20 seconds east 200 fee~: THENCE south 23 degrees 36 minutes q0 seconds east ~0 ~eet; THENCE south 6~ deRrees g~ minutes 20 seconds west 200 ~eet; THENCE north 25 deRrees 36 minutes 40 seconds west t30 feet to the point or pJace of BEGINNING. BEGINNING at a point on the southerly side of Main Road, distant 621.48 feet easterly from the southeasterly corner of Main Road and Gillette Dri¥~ which point is at the interesection of the easterly side of a 50 feet private road with the southerly side of Main Road and thence running the following courses and distances to the point or place of BEGINNING. 1. South 26 degrees 10 minutes 10 seconds East 335.10 feet; 2, South 60 degrees ~0 minutes 30 seconds West 316.38 feet; 3. South 26 degrees 05 minutes 30 seconds East 628,83 feet to the point or place of BEGINNING. RUNNING THENCE along the southerly line of the "Out Parcel" South 25 degrees 36 minutes 40 seconds East 25 ieet; RUNNING THENCE South 64 degrees 23 minutes 20 seconds West 319.22 feet to the easterly side of a 30 feet right of way known as "Cedar Lane"; RUNNING THENCE North 26 degrees 05 minutes 30 seconds West 25 feet to the point or place of BEGINNING. Town Of Southold P.O Box 1179 So~Jthold, NY 11971 * * * RECEIPT * * * Date: 08/17/01 Transaction(s): 1 Application Fees Receipt~: 312932130 Subtotal $500.00 Check#: 3129 & 3130 Total Paid: $500.00 ~' A, UG ~. n 2ULI1 SoutholdTown Planning Board Name: Niamonitakis, Mr. Sctm #1000-31-6-28.1 & 29 Pearl Court, Properties LLC Clerk ID: JOYCEW Internal ID: 38915 Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 10/23/01 Transaction(s): Seqra Review Receipt~: 3220 Subtotal $500.00 Check#: 3220 Total Paid: $500.00 Southold Town Planning Board Name: lerk ID: Niamonitakis, Mr. Sctm #1000-31-6-28.1 & 29 Pearl Court, Properties LLC JOYCEW Internal iD: 41459 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 April13,2004 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 Re: Proposed Set-off & Lot Line Change for Michael Niamonitakis Located on the south side of Main Road, East Marion SCTM#s1000-31-6-28.1 and 29 Zone R-40 Dear Ms. Sumner: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, April 12, 2004~- WHEREAS, this prop?ed set-off is to set offa 1.253 acre lot from an 18.756 acre parcel; and WHEREAS, this proposed lot line change between M. Niamonitakis and R. Ross is to subtract 2.524 acres from the 18.756 acre parcel and to merge it with an existing 0.688 acre lot, resulting in one 3.212 acre lot and the remaining area which is part of the set-off application; and WHEREAS, the Development Rights will be purchased by the County on approximately 12.9 acres of the 18.756 acre lot; therefore BE IT RESOLVED that the Planning Board grant a retroactive extension of conditional final approval effective from December 14, 2003 to June 14, 2004. Please contact this office if you have any questions regarding the above. Very truly yours, dhouse Chairperson cc: Land Preservation Department SUBIMAL CHAKRABORTI~ P.E. REGIONAl- DIRECTOR STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-5518 December 12, 2003 Ms. Marian P. Sumner, Director of Conservation Programs Peconic 1.and Trust 296 Hampton Road P.O. Box 1776 Southampton, New York 11969 Dear Ms. Sumner: Your November 12. 2003 Submission Niamonitakis Plan - Dated 11/6/03 Route 25. East Marion SCTM 1000-31-06-28.1, 1000-31-06-29 Our Case No. 02-214P This is in regard to the site plans for the referenced project which were submitted to us for review. Thank you for providing the explanation regarding Cedar Lane being a private road. We have confirmed that with the Town of Southold. Prior to an approval of the site's access and issuance of a New York State Highway Work Permit, the following items must be addressed: A driveway profile shall be provided for our review, or elevations at the right-of-way line and on site shall be provided, to insure all drainage is contained on site since we do not permit runoff from properties onto the State highway. This requirement was stipulated in the checklist that we provided with our September 12, 2002 letter to you and it has not been addressed by this submission. Details for re-setting the Route 25 catch basin located within the proposed new driveway opening shall be shown on the plans referenced to NYSDOT specifications. The proposed new location for the Route 25 sign relocation shall be shown on the plans and shall conform to the NYS Manual of Traffic Control Devices specifications. The curb on the east side of the proposed new entrance shall be extended east along the Route 25 frontage to connect with the west terminus of the Cedar Lane curb. Please have the plans revised accordingly. 5. The disposition of the parcel located between the proposed new entrance and Cedar Lane Ms. Marian P. Sumner Dex. ember 12, 2003 Page 2 is not indicated on these plans. It has come to our attention, through discussion with Town of Southold personnel, that this parcel may be used for commemial activity. Your client should be aware that we will not approve an access to this parcel from Route 25. All future proposed access to this parcel shall be through a cross access location to the proposed new driveway. In addition, if that occurs, your client will need to secure a new Highway Work Permit to re-construct this current proposed residential access point to commercial standards. Your client may wish to consider securing the Highway Work Permit for commercial access at this time and constructing this access point to commercial standards. This would include an intersection type entrance, shoulder re- construction and providing the location (cross access) of the future access point from this parcel to the proposed new driveway. The cross access location must be chosen to eliminate the potential for causing vehicle queues onto Route 25. Sidewalk will not be required along the site frontage. Please eliminate the details pertaining to sidewalk at this location. A note shall be added to the plans stating which consecutive reference markers the site falls between or the reference markers shall be shown on the plan. o The note regarding cleaning the drainage basins shall be revised to specifically state 'q'he co~tractor is required to clean existing drainage basins along and immediately adjacent to th~¢ Route 25 site frontage at the completion of construction." The Maintenance and Protection of Traffic plan must include the note "All lanes must be open to traffic before 9 AM and after 3 PM. No lane closings are permitted on weekends or holidays. Nighttime lane closings will not be permitted without prior approval from the State Permit Inspector." You client should be aware that a lane closure or lane shift plan will be required for commercial access construction. 10. Any utility work proposed in State Highway right-of-way will require separate application and submission of plans (installation details, restoration details and Maintenance and Protection of Traffic plan - all referenced to NYSDOT specification item numbers and the Manual of Uniform Traffic Control Devices) to our Riverhead Maintenance facility. The applicant may contact Mr. Kevin Matthaei at (631) 727-1731 for further directions regarding Utility Highway Work Permit (HWP)applications. The applicant should be made aware that utility HWP issuance is subject to issuance of the HWP required for site work. Please submit four sets of revised plans to this office that address all of the items noted above. Review of the subject material is being coordinated by Mr Mark Wolfgang. He can be contacted at (631) 952-6020 if you have any questions regarding this matter. Please send all correspondence to his attention. Kindly refer to the subject case number and County tax map number in all correspondence. Ms. Marian P. Sumner December 12, 2003 Page 3 Very truly yours, Original Signed By SHAIK A. SAAD, P.E. Civil Engineer II Traffic Engineering and Safety cc: Ms. Valerie Scopaz, Town of Southold I~Mr. Peter Harris, Town of Southold SAS:MW:DW ~ARCEL ~, 1000-031-6-28.1 ~ c_.~,==~ ~. 18.754.'-acres MICHAEL NIAMONITAKIS SUFFOLK COUNTY, NEW YORK CONCEPT PLAN 8 Peconic Land Tins 26. No Assignment. This contract may not be assigned by Purchaser without the prior written consent of Seller in each instance and any purported assignment(s) made without such consent shall be void. 27. Broker. Seller and Purchaser each represents and warrants to the other that it has not dealt with any broker in connection with this sale other than Syma Joffe Gerard ("Broker"). Seller shalI pay Broker any commission earned pursuant to a separate agreement between Seller and Broker. Seller and Purchaser shall indemnify and defend each other against any costs, claims and expenses, including reasonable attorneys' fees, arising out of the breach on their respective parts of any representation or agreement contained in this paragraph. The provisions of this paragraph shall survive Closing or, if Closing does not occur, the termination of this contract. 28. Miscellaneous. (a) All prior understandings, agreements, representations and warranties, oral or written, between Seller and Purchaser are merged in this contract; it completely expresses their full agreement and has been entered into al~er full investigation, neither party relying upon any statement made by anyone else that is not set forth in this contract. (b) Neither this contract nor any provision thereof may be waived, changed or canceled except in writing. This contract shall also apply to and bind the heirs, distributeas, legal representatives, successors and permitted assigns of the respective parties. The parties hereby authorize their respective attorneys to agree in writing to any changes in dates and time periods provided for in this contxact. (c) Any singular word or term herein shall also be read as in the plural and the neuter shall include the masculine and feminine gender, whenever the sense of this contract may require it. (d) The captions in this contract are for convenience of reference only and in no way define, limit or describe the scope of this contract MYchae[Niamonltak~, Seller and shall not be considered in the interpretation of this conttaet or any provision hereof. (e) This contract shall not be binding or effective until duly executed and delivered by Seller and Purchaser. (f).SeIler and Purchaser shall comply with/RC reporting reqmrements, if applicable. This subparagraph shall survive Closing. (g) Each party shall, at any time and from time to time, execute, acknowledge where appropriate and deliver such further instruments and documents and take such other action as may be reasonably requested by the other in order to carry out the intent and purpose of this contract. This subparagraph shall survive Closing. (h) This contract is intended for the exclusive benefit of the parties hereto and, except as otherwise expressly provided herein, shall not be for the benefit of, and shall not create any rights in, or be enforceable by, any other person or entity. RIDER TO STANDARD PROVISIONS OF TIlE STANDARD CONTRACT OF SALE FORM 26/33-RCS(aDS). 1F THE TERMS OF THIS RIDER ARE I~CONSISTENT WITH THE STANDARD CONTRACT HEREIN, THIS RIDER SHALL CONTROL AND TAKE PRECEDENCE OVER SAID STANDARD FORM CONTRACT. 29. Acreage. Contract for 2.8 +/- acres as shown on concept plan #8 prepared by Peconic Land Trust, attached and made a part hereof, subject to lot-line change and subdivision for three lots approved by Southold Planning Board. £:~-!:r :.-.~ --.xy:r. Map to be prepared by Joseph Ingngn-o} Lice~;e-~ Surveyor. O-e, qe.f ~P.e~e.$ 4~l~{:~uA ~ $~¢¢ar-e. _ 31. Subdivision Application. Buyer hereby consents to and supports Seller's subthwslon epplicatmn and will cooperate in approval of same. Ronald Ross, Buyer Rosa Ross, Buyer Attorney for Seller: Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Phone 631-765-4663 Fax 631-765-4643 Attorney for Purchaser: Mary Whelan, Esq. PO Box 2299 Sag Harbor, NY 11963 Phone 631-725-7844 Fax 631-725-7847 PECONIC LAND TRUST PA~E Bi August 8, 2003 The Honorable Bennett Orlowski, Jr. Tow. of Southold Plying Board 5309~ Main Road PO Box I 179 $outhold, NY 11971-0959 Re: Niamonitakis Sel-O~Lot Line Dear ¢,hairman Odowski: Per discussions with Patficia Moore, Esq., ~otmsel for Mr. Niamonitakis. we arc requesting an extension of the above-refer~ced project's :~/nal Conditional APProval. Should you have any questions or need actdilion~ informal/Oil, plea,sc contact me at (631 ) 283-3195 ext. 26. Thank you in adYanee for your approval of this matter. Sincerely, Marian p. Sumner Directo~ of Conservation 1~ograms PECONi~AND TRUST 296 Hampton Road, EO. Box 1776, Southampton, NY 11969 (631) 283-3195 Fax: (631) 204-07~_ ww w. peco nidandt r ust.o r g/~//~ February 11, 2002 Bennett Orlowski Town of Southold Planning Board 53095 Main Road PO Box 1179 Southold, NY 11971 Proposed cluster set-off- for Sy and Catherine Ghassemi SCTM# 1000-31-1-1 -off and lot line change foll~/l~ Proposed set SCTM# 1000 31-6-28 Dear Mr. Orlowski, F 1 Z 2002 $outhold Town Planning Boarcl Please review the enclosed drafts of the Declaration of Covenants and Restrictions for the above referenced projects. In addition note the information below pertaining to the resolutions adopted by the Town of Southold Planning Board October 16, 2001 regarding Ghassemi. · Letter regarding condition and proposed use of existing cottage on lot 1. At this tn-ne there is no set-off application for lot 2. We have made the provisions in the Declaration of Covenants and Restrictions for the reserved set-offrequirement acreage in lot 2. When an application is submitted for a future set-offof lot 2 we shall comply with the additional Covenants and Restrictions. If you have any questions please contact Marian Sumner. Sincerely, Michael D. Shannon DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this day of ,2002 by Michael Niamonitakis residing at 111 Marine Avenue, Brooklyn, NY 11209, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the South side of the Main Road (N.Y.S. Route 25), Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and have received conditional approval from the Planning Board of the Town of Southold to implement a set-off and lot line change, as shown on the Subdivision Map of "Michael Niamonitakis" prepared by Joseph A. Ingegno Land Surveyor, last dated which map was simultaneously filed herewith in the Office of the Suffolk County Clerk on ,2001 as Map File No. __; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests o£the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, and 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: 1) 2) 3) There shall be no further subdivision of lot 3 in perpetuity. The building area in Lot 1 with frontage along the Main Road (N.Y.S. Route 25) is part of Lot 1, and shall not be separated from such lot in perpetuity Lot owners 1 and 2 shall have a mutual non-exclusive, perpetual easement over and access across the road, which is part of Lot 1, for the purpose of pedestrian and vehicular ingress, egress and regress, as well as to tie-into, flow through and use the utility services located on, over or under the road. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall mn with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Properly unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public heating. IN WITNESS WHEREOF, the DECLARANT above named have executed the foregoing instrument the day and year first written above. By: Michael Niamonitakis STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this day of in the year 2002 before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public ProjectsfNiamonitakis/TowrdC&R's 010602 SUFFOLK COUNTY WATER AUTHORITY Michael R. Frank Deputy Chief Executive Officer for Customer Service 4060 Sunrise Highway, Oakdale, New York 11769 (631) 589-5200 Fax (631)563-0356 January 11, 2002 Bennett J. Orlowski, Jr. Chairman Town of Southold Planning Board Southold Town Hall P.O. Box 1179 Southold, NY 11971-0959 JAN :1. 5 2002 Southold Town Planning Board Niamonitakis Set-off SCTM # 1000-31-6-28.00:1 Dear Mr: Orlowski: The Suffolk County Water Authority has received supplemental information from the.Peconic Land Trust (PLT) concerning the above referenced application pending before the Planning Board According to the PLT, Niamonitakis owns 18.7 acres of vacant land in East Marion which is zoned R-40. Under the current zoning, approximately 14 houses could be constructed on the parcel under a traditional subdivision plan. However, PLT has worked with the Town, the County of Suffolk and the owners of the land to propose a limited development proposal for the parcel. Under this proposal, the County of Suffolk would purchase the development fights from 13 acres of the parcel and pursuant to a subdivision application two building lots would be created. Under this proposal the yield of the parcel would be permanently reduced by 12 units. PLT has requested that the SCWA provide public water to the two proposed building parcels. The parcel has frontage on two streets in which SCWA has water mains and contains an out- parcel already serviced by SCWA. Based on Suffolk County Department of Health Services regulations, the projected water demand for the two houses will be 600 gallons per day. Under a traditional development plan, 4,200 gallons per day would be required to supply 14 houses. Giver[.the current demand for water and the limited capacity of the SCWA's Southold system, SCWA is developing additional water capacity. The SCWA will again consider new connections in September g002. If the capacity exists at that time connections for the two parcels will be established. Any activity which requires public water service is taken at the applicant's own risk. Notwithstanding the SCWA's ability to meet the water demands of the proposed subdivision, the capacity of the SCWA is limited. Any measures that the Town can require the applicant implement which will limit the amount of water used by the subdivision would be welcomed. For example, until further water resources are developed, the Town could require that the developer covenant that drought resistant plantings be established, limit the amount of irrigation that can occur on the parcels and require that farm irrigation be provided from another source. Lastly, a review of the file indicates that no letters of water availability have been issued for this parcel notwithstanding correspondence dated October 30, 2001 which indicates the contrary. If you have any questions, please feel free to contact my office. Very truly your Michael R. Frank PLANNING BOARD MEMBERS BENNETT ORLOWSKI, ,JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICI-IARD CAGGL~NO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 11,2001 Ms. Marian Sumner cio Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 RE: Proposed Set-off and Proposed Lot Line Change for Michael Niamonitakis South Side of Main Road, East Marion SCTM# 1000-31-6-28.1 and 29 Zone: R-40 Dear Ms. Sumner: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, .December 10, 2001: BE IT RESOLVED that the Southold Town Planning Board override the Suffolk County Planning Commission report dated November 7, 2001. The Planning Board is requiring that a common driveway be designed within the proposed 25 foot right-of-way to provide access to both Lot 1 and Lot 2. The common ddveway will be designed so as to accommodate emergency vehicles. A Declaration of Covenants and Restrictions will be recorded prior to any final approval of the subdivision. The Declaration will include terms for access, construction, maintenance and improvements for the common driveway. Please feel free to contact this office if you have any questions regarding the above. Chairman encl. cc: Suffolk County Planning Commission DEPARrFF4ENT OF PLANNING COUNTY OF SUFFOL. K ROBERT .J. (~AFFNEY SUFFOLK COUN"[Y EXECUTIVE November 7, 2001 THOMAS ISLES, A.I.C.P. DIRECTOR OF PLANNING Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Niamonitakis SCC FileNo.: S-SD-01-05 SCTM No.: 1000-31-6-28.1 & 29 Dear Mr. Orlowski: Pursuant to the requirements of Section At4-24 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on November 7, 2001 reviewed the above captioned application and after due study and deliberation resolved to disapprove it because of the following reason: Lots 2 and 3 are proposed to take access over a 25 foot easement over Lot 1 from Main Road. The easement "dog legs" left and right and then travels southeasterly to the lot areas. Lots 2 and 3 are by Commission definition "land locked". Comment: Lot 3 existed prior to the pending application as a land locked parcel with an access easement across Lot 1. The Town should investigate those pre-existing rights to Cedar Lane that lot 3 may have and the possibility of extending those rights to the newly created lot 2. Very truly yours, Thomas Isles, AICP Director of Planning ~'"'"~Andre-w e. Freleng, A~IC~d~ Principal Planner APF:cc G:~CCHORN'ASUBOI'v~COMISHLT~COM2~OI\NOV~SD01-5 NOV DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J, GAFF'NEt' SUFFOLK COUNTY EXECUTIVE November 7, 2001 THOMAS ISLES, A, I,C, P. DIRECTOR OF PLANNING Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Niamonitakis SCC FileNo.: S-SD-01-05 SCTM No.: 1000-31-6-28.1 & 29 Dear Mr. Orlowski: Pursuant to the requirements of Section A14-24 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on November 7, 2001 reviewed the above captioned application and after due study and deliberation resolved to disapprove it because of the following reason: Lots 2 and 3 are proposed to take access over a 25 foot easement over Lot 1 from Main Road. The easement "dog legs" left and right and then travels southeasterly to the lot areas. Lots 2 and 3 are by Commission definition "land locked". Comment: Lot 3 existed prior to the pending application as a land locked parcel with an access easement across Lot 1. The Town should investigate those pre-existing rights to Cedar Lane that lot 3 may have and the possibility of extending those rights to the newly created lot 2. Very truly yours, Thomas Isles, AICP Director of Planning Principal Planner APF:cc G:~C C HORNY~$UBDI¥~C OMIS HLT~C 0 M 200 lIN O',AS D01-5. NOV EAST MARION FIRE DISTRICT P.O. BOX 131 · MAIN ROAD EAST MARION, NEW YORK 11939 BOARD OF FIRE COMMISSIONERS Valerie Scopaz, AICP Town Planner Town Hall 53095 State Route 25 PO Box 1179 Southold, NY 11971 Re: SCTM# 1000-31-6-28.1 & 29 Dec. 11, 2001 Ms. Scopaz: ARer review by the East Marion Fire Department Chief and East Marion Fire District Board of Comm!ssioners, it has been found that no firewells are needed for the Set-Off& Lot Line Change for Michael Niamonitakis located on the Main Road in East Marion. Sincerely, ~'-Christina Goldsmith Secretary, East Marion Fire District DEC 1 ~ 2001 Southold Town Planning Board (631) 427.5665 FAX (631) 427-5620 NELSON, POPE & VOORHIS, LLC ENVIRONMENTAL, PLANNING, CONSULTING 572 Walt WhiOnan Road Melvme, NY 11747 TO: Valerie Scopaz Date: Town of Southold Planning Board Office Town Hall, 53095 S.R. 25 Re: PO Box 1179 Southold, NY 11971-0959 Job No. 5~Nov-01 Niamonitakis Subdivision Review SCTM #1000-31-06-28.1 & 29 NP&V g01330 We are sending you ~ X Pick Up ~ For Your X Under separate cover Herewith By Messenger Review & Conunent Approval As requested For your use Bid Submission Quantity I Drawing Title I Sheet No. I Date I Environmental Review Remarksl Please feel free to call should you have any questions or require any additional information. Very truly yours, 3outho!d Planning Board NELSON, POPE & VOORH1S, LLC By: Shana Lacey '~Niamonitakis @ East Marion Environmental Review NP&V #01330 ENVIRONMENTAL ASSESSMENT REVIEW ENVIRONMENTAL AND PLANNING CONSIDERATIONS NIAMONITAKIS @ EAST MARION Prepared for: Valerie Scopaz Town of Southold Planning Board Office, Town Hall 53095 Main Road Southold, New York 11971-0959 Prepared by: Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Melville, New York 11747 Date: October 31, 2001 The Town of Southold Planning Board has retained Nelson, Pope & Voorhis, LLC (NP&V) for consulting services in review of the above referenced application. The proposed action involves the subdivision of a 19.444 acre parcel into 3 lots with the following lot sizes: Lot 1 totals 14.979 acres, Lot 2 totals 1.253 acres, and Lot 3 totals the remaining 3.212 acres. All of the lots are designed for residential use however Lot 1 will contain a building area of only 1.139 acres with the development rights on the remaining 12.949 acres to be purchased by the County. The parcel currently contains a single family dwelling, gravel drive and frame shed. The majority of the site is utilized for agricultural purposes, although much of the northern portion of the site appears to have gone fallow and is currently interm/xed with agricultural cultivars and early successional species. Forested woodland surrounds the existing dwelling and occupies the southeastern portion of the site. This document analyzes the site and area resources including topography, soils, water, land use, zoning and transportation and other available information. The site has also been inspected for environmental/planning constraints. Page 1 Niamonitakis @ East Marion Environmental Review NP&V #01330 Location and Site Overview The project site is located on the south side of Main Road (NYS Rte 25), approximately 621.48 feet east of Gillette Drive. Cedar Lane, a private right of way, abuts the entire length of the western property boundary, and a small portion of Dog Wood Lane abuts the southeastern comer of the site. The subject property can be more particularly described as SCTM Numbers 1000-31- 06-28.1 and 29. The parcel contains a total of 73.39 feet of road frontage along Main Road (NYS Rte 25) and currently contains a single family dwelling and frame shed with a gravel drive access road off of Cedar Lane. The majority of the site is utilized for agricultural purposes, although much of the northern portion of the site appears to have gone fallow and is currently intermixed with agricultural cultivars and early successional species. The site does not contain any vegetated freshwater or tidal wetlands; however, the southern portion of the site may be located within the jurisdictional limits of the NYSDEC under Article 25 of the Environmental Conservation Law (ECL). The site does not contain any known historically and ecologically significant resources, although the site is depicted on the NYS Office of Parks, Recreation and Historic Preservation (NYS OPRI-I?) Circles and Square Map as being located within a one square mile area of an archeological site. This review will discuss the proposed project and its potential impact on land resources. Proposed Project The overall property is comprised of two individual tax lots, lot 28.1 (18.756 acres) and lot 29 (0.688 acres), under separate ownership. Tax lot 29 is landlocked although a 25 foot right of way provides access from Cedar Lane. It should be noted that the majority of the existing gravel drive is located north of the fight of way. The proposed project involves a set-off of a 1.253 acre lot from tax lot 28.1 as well as a proposed lot line change between tax lot 28.1 and lot 29 which will subtract 2.524 acres from tax lot 28.1 and merge itwith tax lot 29, resulting in a 3.212 acre lot. A total of 1.139 acres within the remainder of tax lot 28.1 will be utilized for residential development, with the development rights on 12.949 acres to be purchased by Suffolk County. A 25 foot right of way is proposed from Main Road and extends the eastern perimeter of the site and will provide a common access drive to Lot 1 and Lot 2. Lot 3 will continue to be accessed via a 25 foot right of way from Cedar Lane, however the Planning Board has recommended that the proposed fight of way either encompass the existing gravel drive or that the existing gravel drive be removed and replaced within the proposed right of way location. In summary, as a result of the proposed project, three residential lots will be created having the following lot sizes: Lot 1 totals 14.979 acres, Lot 2 totals 1.253 acres, and Lot 3 totals the remaining 3.212 acres. It is expected that the existing dwelling within Lot 3 will remain following project approval. Land Use and Zoning The project site is located in an area that contains a mix of residential, agricultural and undeveloped vacant land. The dominant land use in the general area is residential, and the proposed application is consistent with surrounding uses. Residential uses abut the perimeters of the subject site, with the exception of a snack bar/motel located adjacent to the northeast comer of the property. Agricultural land is located to the north as well as farther west, with scattered vacant undeveloped parcels also found in the ~mmediate vicinity of the site. Page 2 Niamonitakis @ East Marion Environmental Review NP&V #01330 The subject site is zoned R-40 Residential, which requires a minimum lot size of 40,000 SF, or just slightly less than 1 acre in area. Maximum permitted lot coverage within the R40 zoning district is equivalent to 20% of the lot area, and the required front yard, side yard (combined side yard total), and rear yard dimensions are 60 feet, 20/45 feet, and 75 feet, respectively. All of the proposed lots exceed the zoning requirements specified above and the residential development of the resulting lots should not require zoning variances. As a benefit of the proposed application, a total of 12.949 acres of agricultural land will be preserved through the purchase of development rights within a portion of Lot 1. R-40 Residential zoning is located to the south, west, east and northeast and is the dominant zoning classification in the area. Resort/Residential (RR) zoning abuts the northeast portion of the property and R-80 is located to the northwest. The project is in harmony with various Town' watershed management and farmland protection planning documents and initiatives by retaining a large contiguous area of agricultural farmland. The land use and zoning impacts of the proposed project are expected to be minimal. Traffic Generation The proposed use would be expected to slightly increase traffic generation upon full establishment of the site as compared to existing conditions. The future development of the land is not anticipated to generate significant additional traffic to the area. Due to the location of the site and consideration of area roadways, an increase in trip generation at the site would not be expected to have a significant impact on the area roadways. The horizontal and vertical road curvature allows good sight distance, and the creation of 2 additional residential lots would not be expected to have a significant impact with regard to traffic generation. The Planning Board has required that a common curb cut and common driveway for both Lot 1 and Lot 2 be provided with access on Main Road, reducing potential impacts associated with site access. Soils and Topography The property does not contain any significant landforms or geological features. The Suffolk County Soil Survey (Warner, et. al., 1975) identifies two (2) soil types on the subject site, which consist of the following: Riverhead sandy loam, 3 to 8% slopes (RdB) and Haven loam, 0 to 2% slopes (HaA). The Haven Loam series is described within the Suffolk County Soil Survey as land which is suitable for development, with good leaching potential. The hazard of erosion hazard is slight on HaA soils. The Riverhead series consists of deep, well-drained moderately coarse textures soils that formed a mantle of sandy loam or fine sandy loam over thick layers of coarse sand and gravel (Warner, et. al., 1975). The soil survey lists the erosion hazard for RdB as moderate to slight and the main concerns of management involve controlling runoff and erosion and providing adequate moisture for landscaping/agriculture. The topography and soils on site do not appear to present severe development constraints. Page 3 NiaraonitalOs @ East Marion Environmental Review NP&V #01330 Wetlands As previously stated, the site does not contain vegetated freshwater and/or tidal wetlands. Tidal wetlands associated with Spring Pond are located south of the site on the south side of Bayview Drive. The NYSDEC regulates activities (including the subdivision of land) within and adjacent to tidal wetlands under Article 25 (tidal wetlands). The subject property is less than 300 feet from Spring Pond, although it is expected that Bayview Road has been a paved roadway that has been in existence prior to August 20, 1977; as such, Bayview Road would be the landward limit of NYSDEC jurisdiction under Article 25. It is recommended that an Article 25 jurisdict/onal determination be obtained from the NYSDEC to determine if an Article 25 permit is necessary for the proposed subdivision. Water Resources Public water is supplied to the general area by the Suffolk County Water Authority (SCWA), and it is expected that the single family dwelling on site is connected to public water. The SCWA maintains an 8" main on the west side of Cedar Lane and on the north side of Dogwood Lane as well as a 12" main on the north side of Bayview Drive. It is estimated that the 3 residential lots will utilized approximately 900 gallons of water per day and each lot will be connected to public water. Additional water use is anticipated due to the expected continuation of agricultural use within the remaining lots. The elevation of groundwater beneath the subject site is less than 3 feet above mean sea level (msl) according to the 1999 SCDHS water table map. The topographic elevation on site ranges from approximately 20 to 30 feet above msl as based on the subdivision sketch plan. Therefore, the minimum depth to groundwater is approximately 17 to 27 feet, which coincides with on-site soil boring data which does not indicate the presence of groundwater to a depth of at least 17 feet below the surface. The direction of groundwater flow is expected to be towards the south. SUMMARY In conclusion, the proposed applications would create 2 additional residential lots, which would conform to the character of the area and R-40 zoning. The site does not appear to contain significant environmental features that would limit residential development in the proposed development locations, provided adequate drainage and containment of on-site runoff are achieved and sanitary systems are properly designed and constructed. The proposed project will increase waste water generation, solid waste generation and water use, in addition to increasing taxes which would be distributed to the various jurisdictions. The site is expected to increase the number of trips entering and exiting the site, although is not anticipated to' cause a significant impact to the surrounding roadways. As a result, no significant adverse environmental impacts are anticipated in connection with this proposed project. Additionally, the project would allow for the preservation of 12.949 acres of agricultural land through the purchase of development rights. Page 4 FR[3H 296 Hampton Road P,O. ~ 17/e Southampton, NY' 11969 631-283-3195 Fax: 631-204-0711 Fax FAX NO. : 2001 03:09PM / lmidTown Mike NiamonitakJs From: Ma~an Sumner I~: 1 ~ 10/16/01 D Urgent [3 For Review ~ Please Comment ~ Fiease Reply [~ Please Rec~:le · Comments As per our discussion, please provide a check in the amount of $~00 payable tx) the Town of $outholdfor the required environmental review. Please put your lax map number, $CTM# 1000-31.6-28.1, as well as the notation "environmental review fee" on your check and mail it to: Planning Department Town of Southold 53095 Main Road PO Box 1179 Southold, NY 11971 If you have any questions, please do not hesitate to contact me at 631-283-31~;~5 ext.26. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 16, 2001 Ms. Marian Sumner Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 RE: Proposed Set-off and Proposed Lot Line Change for Michael Niamonitakis South Side of Main Road, East Marion SCTM# 1000-31-6-28.1 and 29 Dear Ms. Sumner: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, October 15, 2001: WHEREAS, this proposed set-off is to set off a 1.253 acre lot from a 18.756 acre parcel; and WHEREAS, this proposed lot line change between M. Niamonitakis and R. Ross is to subtract 2.524 acres from the 18.756 acre parcel and to merge it with an existing 0.688 aere lot, resulting in one 3.212 acre lot and the remaining area which is part of the set- off application; and WHEREAS, the Development Rights will be purchased by the County on approximately 12.9 acres of the 18.756 acre lot; and WHEREAS, this property is located within the Low-Density Residential R-40 Zoning District; be it therefore RESOLVED that the Southold Town Planning board grant sketch approval on the map, dated July 24, 2001, with the following conditions: Niamonitakis - Paqe Two - October 16, 2001 A building area has been designated for Lot 1. Access to the building area for Lot 1 and to Lot 2 is over a 25' right-of-way from Main Road. A common curb cut and common driveway for both Lot 1 and Lot 2 must be shown on the final plat. A Declaration of Covenants and Restrictions must include terms for access, construction, maintenance and improvements for the common driveway. In addition, curb cut approval must be obtained from the NYS DOT. ' The sketch plan shows the entire frontage along Main Road as being within the proposed right-of-way area. The right-of-way must be revised to be 25' in width. The remaining area, which includes frontage along Main Road, is part of Lot 1, but is not proposed to be part of the Development Rights Sale. It must be noted on both the map and in a Declaration of Covenants and Restrictions, that this area is part of Lot 1, and shall not be separated from such lot in perpetuity. The final plat must show the lot line change in proper lot line format. The existing lot must be shown with a dotted line. The area of the existing lot, the area to be merged with the existing lot, and the area after the lot line change must be indicated. In addition, the owner of the existing lot must be part of the lot line change application. The Declaration of Covenants and Restrictions must include a condition that there shall be no further subdivision of the lot involved in the Lot Line Change (Lot 3) in perpetuity. The proposal involves a relocation of an existing right-of-way that provides access to the lot involved in the lot line change (Lot 3). The proposed area of the right-of-way includes some, but not all, of an existing gravel driveway. The proposed right-of-way should include the entire existing gravel driveway, or the gravel driveway should be moved so that it is within the boundaries of the new right-of-way. The final map must be revised to reflect one of these options. 6. The final plat must be prepared at a scale of 1:100, or an insert at that scale must be provided; and be it further RESOLVED, that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps (six paper prints and two mylars) must be submitted before a final public hearing will be set. The final maps must contain a current stamp of Health Department approval and, if public water is to be provided, a valid water contract from the Suffolk County Water Authority must be submitted. The Planning Board has reviewed the property and has decided that it is inadequate in size for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required as per Section A106-38(e) of the Town Code. Niamonitakis - Paqe Two - October 16, 2001 The amount required shall be $5,000.00 (five thousand dollars per new vacant lot in the subdivision). Payment is required prior to any final endorsement of the subdivision. A Declaration of Covenants and Restrictions in accordance with the conditions of sketch approval must be submitted. In addition to the conditions noted in the sketch approval, the Declaration is to include the standard language in regard to modification and enforcement required by the Planning Board for all Declarations. After the Planning Board's approval of the document, it must be recorded in the County Clerk's Office prior to any endorsement of the final plat. A notation is to be placed on the final plat that a Declaration of Covenants and Restrictions has been filed in accordance with the Planning Board's requirements. The notation is to include the liber and page number of the recorded document. The sketch plans have been referred to the Suffolk County Planning Commission and the East Marion Fire Department for review. The Planning Board may require additional covenants and restrictions upon review of the reports and review of the final map. You will be notified if any additional covenants and restrictions are required and if any firewells must be installed. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Odowski, Jr. Chairman cc: Land Preservation Committee PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 17, 2001 Cynthia Goldsmith, Secretary East Marion Fire District P.O. Box 131 East Marion, New York 11939 Dear Ms. Goldsmith: Enclosed please find one (1) survey for the Set-Off & Lot Line Change for Michael Niamonitakis located on the Main Road in East Marion. SCTM# 1000-31-6-28.1 & 29 ,/ The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether firewells are shallow or electric. The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether firewells are shallow or electric. Thank you for your cooperation. Very truly yours, Town Planner enc. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 (~oMer~ ~./o ,2001 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: ~:~-¢~-~ o'~ Lo+L~.~,~(~.~ ~¢~. J~. Requested Action: O-~"-t-~ JO¢~::) - '~J- ~ - 3.~', ~ ~, ~..~ SEQRA Classification: ( ) Type I ()~ Unlisted (631) 765-1938 Page 2 Lead Agency Coordination Request The lead agency will determine the need for an environmental impact statement (ELS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: ()~) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. Very truly yours, _ · ~3~lrern~anOdOwsk,, Jr. /" '~ cc: Building Department Southold Town Board ~,Suffolk County Department of Health Services NYSDEC - Stony Brook a(New York State Department of Transportation ........... ~, ........ ~ ............. tor e~eSuffolk County Water Authority *Maps are enclosed for your review PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WiLLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIJ~NO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Andrew Freleng, Principal Planner Subdivision Review Division Gentlemen; Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Hamlet/Locality: S.C.D.P.W. Topo No.: Zoning: r~,. 14 0 S.C. TaxMapNo.: 1000- "z~t - ~, -~.~',1 ~- Lq Major Sub. Minor Sub. ~' Site Plan OIuster MATERIAL SUBMITTED: F~,--':7 Plat (3 copies)~ Road Profiles (1)__ Lot Line Change Drainage Plans (1).__ Topographical Map (1)__ Site Plan (1)__ Grading Plan (1) Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet __ Page 2 Southold Town Planning Board Referral Referral Criteria: SEQRA STATUS: 1. The project is an (~') Unlisted Action ( ) Type I Action ( ) Type II Action 2. A ( ) Negative Declaration LA ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. 3. E.I.S. statement enclosed. ( ) Yes (V') No 4. The proposed division has received approval from the Suffolk County Department of Health. ( )yes (,4)No Comments: We request acknowledgement of receipt of this referral ( ) Yes ( )No Referral received Commission and assigned File No. 2001 by the Suffolk County Planning Sincerely, Chairman PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIA_NO Town Halt, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 17, 2001 Mr. Charles Voorhis Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Melville, New York 11747 Re: Review of EAF for Michael Niamonitakis SCTM#1000-31-6-28.1 & 29 Dear Mr. Voorhis: The Southold Town Planning Board hereby refers the Environmental Assessment Form for the above-mentioned subdivision to your office for review. Also enclosed are: 1. Map dated July 24, 2001; 2. Planning Board resolution dated October 16, 2001. The Planning Board started the lead agency coordination process on October 15, 2001. The $500. review fee has been submitted by the applicant. Please submit your report no later than November 12, 2001. The purchase order will be sent to you under separate cover. Please contact this office if there are any questions regarding the above. Very truly yours, Town Planner Enc. PECONI LAND TRUST 296 Hampton Road, P.O. Box 1776, Southampton, NY 11969 (631) 283-3195 Fax: (631) 204-0711 www. peconiclandt m~t or~ August 9, 2001 The Honorable Bennett Orlowski, Jr. Town of Southold Planning Board 53095 Main Road PO Box 1179 Southold, NY 11971-0959 Re: Niamonitakis Set-Off & l,~t:IA~ Modification Dear Chain'nan Orlowski: Attached please fred the applications and necessary attachments for the above- referenced project. Peconic Land Trust is acting as agent on behalf of Michael Niamorfitakis. Mr. Niamonitakis is under contract to sell the development rights on approximately 14-acres of the property to Suffolk County. The enclosed plan proposes an approximately 1.3-acre set-off to create an additional building lot and a lot line modification to sell approximately 2-acres to his neighbor. Should you have any questions or need additional information, please contact me at (631) 283-3195 ext. 26. Sincerely, Director of Conservation Programs Tills PROPOSAL I3 TO 3ET OFF A ~ ACRE PARCEL FROM AN EXISTING I,~.-'/5(a ACRE PARCEL LOCATED ON IN SCTM# 1000- SET OFF Complete application received Application reviewed at WOrk session Applicant advised of necessary revisiops Revised sub mission received Sketch plan approval -with conditions Lead Agency Coordination SEQRA determination Sent to Fire Commissioner Receipt of firewell location Notitication to apPlicant to include on final map Sent to County Planning Commission Receipt of County Report Review of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Receipt of mylars and paper prints with Health approval Final Public Hearing Approval of set off -with conditions Endorsement of set off Town Hail, 53095 State Route 25 P.O. Box 1179 $outhold, New York 11971-0969 Telephone (631) 765-1938 Fax (631) 76§-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Subdivision Application Form Name of Subdivision: Niamonitakis Set-Off Suffo[k County Tax Map//1000- 31 - 6 - 28.1 Type of Subdivision: Major iW_mor (Set-Off) Lot-Line Cluster Subdivision: Yes ( No ) Hamlet: East Marion S~tLocafion: Main Road/Route 25 between Cedar Lane and' Old Orchard Acreage: 18.7 Number of Lots: 2 Zoning District: R- 4 0 D~e: 8/8/Ol Please list name, mailing .~l~lress, and phone number for the people below: Applicant: lll Marine Avenue Brooklyn, NY 11209 (718) 439-1800 A~ent handling the application: (Contact Person) Peconic Land Trus% PnR ]77~- Marian Sumner (631) 283-3195 ex~. 26 ~nnk~mp~on, NY 11969 Property Owner(s): ~ ~.~ Ni ~mcmi~aki.~ Surveyor: Joseph Inaeono Land Surveyors POB 1931 Riverhead, NY 11901 (631) Attorney:. $1020 Main Road $outhold, NY 11971 om= Has this proper~y had a previous application to the Plarming Board? Has this property previously received a SEQKA review? I~ve you had any pre-submhs~on conferences with the Pl~ng Board? Does this application have variances ~om the Zoning Board of Appeals? Appl. No. Date Is this property adjacent to any bodies of water? Yes (No) Are there any wetlands on the property? Yes (No) Are there public water mains in an adjacent street? (Yes) No Is public water proposed for the subdivision? Yes ( No Are there any existing easements on the property? Yes (No) Is there a proposed sale of developmant rights on part of the property? Is there a mortgage on the property?. Yes Does the owner own any adjacent properties? .~Yes Are there any building p~rnits currently pending on this property? Signature of Preparer,~ ~~,~~ (No) (No Date ( Yes ) No Yes (. No) ( Yes ) No Yes (No) (Yes) No Yes No) PROJECT 1.0. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ~ART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 1. APPLICANT/SPONSOR { 2. PROJECT NAME 3. PROJECT LOCATION: Mu,~c!~llty Southold ~un,y. Suffolk Main Road/Route 25 between Cedar Lan~ and Old Orchard, East Marion ~] New [] Exl3ansion ~ Modilicationlalteration Set-Off ~)E an approximate ]..3 acre ~arcel ?. AMQUNT OF LANO AFFECTED: [] Yes [] NO If NO, clescribe briefly 9. WHAT I$ PRESENT LAND USE IN VICINITY OF PROJECT? STATE OR LOCAL}? [] Yes [] NO If yes, list agency(s} and 13ermit/aog~ovals Suffolk County Depar~.men~, of Healt, h ~. DOES ANY A~PECT QF THE ACTION HAVE A CURRENTLY VALID PERMIT OR Ai~pROVAL? [] YeS [:~ NO tf ye~, list ~gency name and I)ermit/al3~roval If the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessmen{ OVER 1 FAX NO. Jun. 25 2001 05:49PM P2 OWNER'S ENDORSEMENT STATE OF NEW YORK) Ss COUNTY OF SUFFOLK) I ~m: (ch~ck one) a part owner in fee; or the sole owner in fee; or an officer oft. he corporation which is the owner in fee of the premises d~scribed in the foregoing application. Mailing Address ' ' OSt I have authorized PECONIC LAND TRUST, INC. to represent me with regard to the set off and lot.,Uge m~flc, a~'on applications for 5CTM# 1000-31-6-28.1 located Signat~'./Title Date ~ (If the owner is a corporation, please indicate the name of the corporation and the title of the corporation officer whose signature appears above.) Notary Public KOU~ eotms No. 0~1~19~6~ Ouag'fl~d ~l~ls County ~ . $out'.ho[d's Code ol' Ebhics proh£bLi:s con£LLcbs oE ~.he part. o~ bow, o~fflcecs and employees. The p_g.t*pose o~' bh/s ~'orm is .t~o_.PcovLde ].n~ocmat[o;t whicil can alert ~.l~e town o~ ~ssibLe co~£1J, cbs o( £ntecesb and aLLow (Lamb name, (Lr;t I~m~, mi¢'--~l[e tnibLat, UnLe.~.el Approval OE plat 10793 ~l~ IND~ m the 11201 FEB 3 19~9 '~?g3 ~ 90 ~ ........... Onthe ~' deyof ~"~--~'~ ;1988 ,heforeme Onlhe ~.yof to me known to be the lndiHdu~l descHhed in and who · 1~8 . before me to me known to be the indivldu~l described in and who On the 30 dey of September 19 88. before me to ~ the individual TO 3{S-$-&g~ $C~RDULE #A" LEGAL DE$CRiPTIC~I Iylns nnd bein{ Iff She Town of Southoid, Coufl{y of Sullofk, of N~ York, bounded ~nd described as northwesterly corner of l&nds 1or. fLy o~ Y~lukis and now or ~1~ ~ 8ouch 2l dasroes O~ minutes qO seconds ~ind o~ ~rflrl8 and Pe~erson 2~6.72"~eet to band of Spifl~houraki~ ~ 80u~h 27 degrees 38 minutes 20 second~ eas~ alo.g said /and O~ 5plfl~hourakJ8 1q6,30 fee~ '10 lind el Rich~er~ ~ lau;h 27 delreL~ 21 mlnu~es 20 seconds east alonR of Rlchter,Klfl~Kotlol~Liuihlln) Rogers and Ozunkowski 620.~7 of ~enk~akl 6~,02 fee~ ~ south 27 degrees 3~mlflutes I0 seconds east 293.08 to land fl~ o~ ~or~riy ~f Gardlflers Bay Estates. Section 3: to land now or for~rlf el ~r~lners B~y ~state-Sec~ion 2: '~ south ~ defeees 0~ minuses ~0 secofld~ west ~he easterly line of a right o~ bay known as "Cedar L~fle' ~ north ~ de, Fees 10 minuses f0 to,~he souZhotly side of ~in ~ad -'G seconds west 33~.10 ~ north ~2 degrees ~. · · ; ..... ~ .urveyor, Greonpor~.~,~ '.~.~'~Y.~e by Ro~eri~k V=n Patricia C. Moore Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4663 Fax: (631) 765-4643 March 10, 2005 Mr. Mark Terry Southold Town Planning Board PO Box 1179 Southold, NY 11971 RE: 1000-036.00-06.00-028.001 1000-079.00-04.00-017.017 Dear Mr. Terry: Enclosed please find the recorded covenants and restrictions for above referenced parcels. If you have any questions, please do not hesitate to contact us. Very truly yours, Patricia C. Moore PCM/vc enclosures SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP N=mber of Pages: 7 Receipt Number : 04-0068974 District: 1000 Recorded: At: 06/17/2004 04:41:46 PM Page/Filing COE TP-584 Cert. Copies SCTM Received the Following Fees For Above Instrument Exempt Exempt $21.00 NO Handling $5.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.00 NO RPT $30.00 NO $0.00 NO Fees Paid $81.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County LIBER: D00012325 PAGE: 724 Section: Block: Lot: 036.00 06.00 028.001 EXAMINED AND CHARGED AS FOLLOWS Number of pages ] TORRENS Serial It Certificate # Prior Ctf. # Deed / Mortgage Instrument 41 Page/Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other Initia~ Deed / Mortgage Tax Stamp FEES Recording / Filing Stamps __SubTotal Real Property Tax Service Agency Verification Dist. Section B lock Sub Total GKAND TOTAL Lot Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town__ Dual County__ Held for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. ~ Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land Satishctions/Discharges/ReleasesListPropertyOwners Mailing Address RECORD& RETURN TO: TD TD TD Ito.IName Title Company Information Title # Suffolk County Recording & Endorsement Page made by: This page forms part of the attached The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property, tax bills. Local property taxes are payable twice a year: on or before January 10'h and on or before May Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N.Y. 11901 (631) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, N.Y. 11777 (631) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (631) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631) 765-1803 aw 2/99 Sincerely, Edward P. Romaine Suffolk County Clerk DECLARATION OF COVENANTS & RESTRICTIONS It/ THIS DECLARATION is made this/z~ day of/~004 by Michael Niamonitakis and Emanuel Niamonitakis residing at 111 Marine Avexthe, Brooklyn, NY 11209, hereinafter referred to as the DECLARANT; WlTNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the South side of the Main Road (N.Y.S. Route 25), Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and have received conditional approval from the Planning Board of the Town of Southold to implement a set-off and lot line change, as shown on the Subdivision Map of "Michael Niamonitakis" prepared by Joseph A. Ingegno Land Surveyor, last dated August 2, 2002 which will simultaneously be filed in the Office of the Suffolk County Clerk; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions he imposed on said lots 1 and 2, and 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall nm with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: 1) 2) There shall be no further subdivision of lot 3 in perpetuity, The two building areas in Lot 1 with frontage along the Main Road (N.Y.S. Ronte 25) are part of Lot 1, and shall not be separated from Lot 1 in perpetuity, 3) 4) 5) Lot owners 1 and 2 shall have a mutual non-exclusive, perpetual easement over and access across the common driveway, which is part of Lot 1, for the purpose of pedestrian and vehicular ingress, egress and regress, as well as to tie-into, flow through and use the utility services located on, over or under the common driveway, Lot owners 1 and 2 shall be responsible for and pay equally for the work of extending, repairing and maintaining such common driveway from the entrance at Main Road (N.Y.S. Route 25). The use of the existing common driveway is limited to access and egress from Lots 1 and 2 of said subdivision and shall not provide access to any adjoining properties, and Prior to issuance of any residential building permits on Lots 1 and 2, the 16 foot wide common driveway must be constructed. These covenants and restrictions shall nm with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persona or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS ~-IE: ~gF, ~e DECLARANT above named have executed the instmment~,~,//(~the~' aod ye~ ~en above. By: Michae~l, Ni~monitnki~ By: Emanuel ~amonltaki~ foregoing STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this fi/day of Jo~/~ in the year 2004 before me, the undersigned, personally appeared 2~]/c/~J ~/~,,X~ ~:!~ersonally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the with~ instrument and acknowledged to me that he/she/they executed thc same in his/her/their capacity(les) and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) ~acted, executeckthe instrument. Notary I :~:!ic, State of . ,:1P050195 ' Notary Public ": ~ :I in Kings C Comrnissioa E×vir,,~ Oct. 25,p.,~'~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: O.~this /~d/~y o~c~ in the year 2004 before me, the undersigned, personally appearea~t,~q,t~/t/,e,,~ C]5~rsonally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose narae(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon bebalfofwhieh the individual(s) acted, executed thc instrument. Notary P~b~c KOULA POLITIS Notary ; ftc, State of ~"¥ York iPO50195 ' r, inKingsC ,'~ Schedule "A" ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southeasterly side of Main Road (N.Y.S. Route 25) distant 621.48 feet Northeasterly from the comer formed by the intersection of the northeasterly side of Gillette Drive with the Southeasterly side of Main Road; RUNNING THENCE North 39 degrees 16 minutes 18 seconds East along the southeasterly side of Main Road, 73.39 feet; THENCE South 41 degrees 44 minutes 52 seconds East, 133.35 feet; THENCE North 44 degrees 03 minutes 58 seconds East, 296.72 feet; THENCE South 41 degrees 17 minutes 32 seconds East, 146.30 feet; · THENCE South 41 degrees 00 minutes 32 seconds East, 630.01 feet; THENCE north 43 degrees 54 minutes 28 seconds East, 69.48 feet; THENCE South 41 degrees 15 minutes 22 seconds East, 293.08 feet; THENCE South 37 degrees 10 minutes 28 seconds West, 382.16 feet; THENCE South 40 degrees 30 minutes 12 seconds East, 269.30 feet, to the northwesterly side of Dog Wood Lane; THENCE South 50 degrees 26 minutes 38 seconds West, 418.88 feet to the northeasterly side of Cedar Lane; THENCE along the northeasterly side of Cedar Lane the following two (2) courses and distances: 1. North 38 degrees 55 minutes 32 seconds West, 406.48 feet; 2. North 39 degrees 44 minutes 42 seconds West, 743.70 feet; THENCE North 47 degrees 01 minute 18 seconds East, 316.38 feet; THENCE North 39 degrees 49 minutes 22 seconds West, 335.10 feet to the southeasterly ~ide nfMain Road, the point or place of BEGINNING. EXCEPTING so much of the premises known as District 1000, Section 031.00, Block~ 06.00 and Lot 029.000: ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the westerly comer of the subject premises, said beginning point also being located the following four (4) courses and distances fi.om the comer formed by the intersection along the southeasterly side of Main Road with the northeasterly side of a private road: 1. South 26 degrees 10 minutes 10 seconds East, 335.10 feet; 2. South 60 degrees 40 minutes 30 seconds West, 316.38 feet; 3. South 26 degrees 05 minutes 30 seconds East, 628.83 feet; 4. North 64 degrees 23 minutes 20 seconds East, 319.43 feet to the point of beginning; RUNNING THENCE North 64 degrees 23 minutes 20 seconds East, 200 feet; THENCE South 25 degrees 36 minutes 40 seconds East, 150 feet; THENCE South 64 degrees 23 minutes 20 seconds West, 200 feet; THENCE North 25 degrees 36 minutes 40 seconds West, 150 feet to the point or place of BEGINNING. TOGETHER with a right of way for egress and ingress over lands now or formerly of Jean Schneider and/or James W. Kent which fight of way is fully described in schedule "B" annexed hereto and made a part hereof. TOGETHER with all right, tire and interest, if any, of the of the seller and any further rights of way to pass and repass for street purposes over all streets on a certain map entitled "Map of Section Two Gardiner's Bay Estates Situate at East Marion, Long Island" and filed in the Office of the Clerk of the County of Suffolk on September 23, 1927 under no. 275, including "the paths" leading to the beach. TOGETHER with the right, if any to use the beach lying between Spring Pond and the Bay and Old Orchard Lane and the Channel marked upon the said map as "Beach For Use of Lot owners" for bathing and similar purposes and together with a right of way, if any over Old Orchard Land and over the beach to said waters, such fight to be in common with other persons to whom such rights may have previously been granted. ALL of the aforementioned rights, tires and interest, if any are subject to all covenants of restriction to the ~aua~ degree that the seller have been subject. SCHEDULE"B" THAT certain plot, piece or parcel of land, fully described in Schedule "A" is granted an easement for the purpose of ingress and egress as a right of way over an abutting parcel of land now or formerly of"Kent" and that easement is described as follows: BEGINNING at a point that is the following three courses from the northwesterly comer of lot number 181 on the map of Gardner Bay Estates, Section 3,: 1. North 26 degrees 51 minutes 00 seconds West, 100 feet; 2. South 64 degrees 23 minutes 20 seconds West, 90 feet; 3. North 25 degrees 36 minutes 40 seconds West, 125 feet to said point of beginning; RUNNING THENCE through "Parcel "A", South 64 degrees 23 minutes 20 seconds West, 319.43 feet to the easterly line of a 30 foot-wide private road; THENCE along said easterly line North 26 degrees 05 minutes 30 seconds West, 25 feet; THENCE along through Parcel "A" North 64 degrees 23 minutes 20 seconds East, 319.543 feet to land now or formerly of "Kent"; THENCE alongthe westerly line of said land of "Kent", South 25 degrees 36 minutes 40 seconds East, 25.0 feet to the point of BEGINNING. MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex . 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: From: Date: Re: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Melissa Spiro, Land Preservation Coordinator October 12, 2004 NIAMONITAKIS to COUNTY OF SUFFOLK SCTM #1000-31-6-28.1 Please be advised that the County of Suffolk has acquired the development rights on the agricultural farmland listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: OWNER: PURCHASE DATE: PURCHASE PRICE: EASEMENT AREA: FUNDING: 7540 Main Road, East Marion Michael Niamonitakis, et al. Closing took place October 4, 2004 (contract signed 6/29/01 ) $193,485.00 (based on 12.899 buildable acres @ $15,000/acre) 12.899 acres County Farmland Phase V KEY MAP SCALE 1"=600' LOT $ Submission IFithout a Cover Letter Comments: $ou~hot~l ~ SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Nuntber of Pages: 7 Receipt Ntuaber ~ 04-0068974 District: 1000 Recorded: At: 06/17/2004 04:41:46 PM Page/Filing COE TP-584 Cert. Copies SCTM Received the Following Fees For Above Instrument Exempt Exempt $21.00 NO Handling $5.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.00 NO RPT $30.00 NO $0.00 NO Fees Paid $81.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County LIBER: D00012325 PAGE: 724 Section .. Block: Lot: 036.00 06.00 028.001 EXAMINED AND CHARGED AS FOLLOWS Number of pages TORRENS Serial # Certificate #. Prior Cfi. # Deed / Mortgage Instrument nl Page / Filing Fee ~'~ l f Handling , )~/' TP-584 Deed / Mortgage Tax Stamp FEES Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. ~ ' Comm. of Ed. 5 O0 Affidavit Reg. Copy Other ]5j __ SubTotal Sub Total GRAND TOTAL RECORDED 2004 ;vn I? 04:4i:46 Edt.)ard P. Romaine CLERK OF SUFFOLK COUt'~T7 L D000!2325 P 724 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town Dual County __ Held for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO.~ If NO, see appropriate tax clause on page # __ of this instrument. Real Property Tax Service Agency,Verification Dist. Section B lock Lot Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Satisfactions/Discharges/Releases List Property Owners Mailing Addres~ RECORD & RETURN TO: This page forms part of the attached TD TD TD Land Ic o.IName Title Company Information Title # Suffolk County Recording & Endorsement Page (SPECIFY TYPE OF INSTRUMENT ) TO made by: The premises herein is situated in SUFFOLK CouNrY, NEW YORK. Inthe Township of ~.~OI.t0 In the VILLAGE or HAMLET of ~ [/(Ii U~l t,)l,~ ~ BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK iNK ONLY PRIOR TO RECORDING OR FILING (OVER) Number of pages 7 TORRENS Serial # Certificate # Prior Qr. # Deed / Mortgage Instrument '1 Page / Filing Fee Handling TP-584 Deed / Mortgage Tax Stamp FEES Notation EA-52 17 (County) EA-5217 (State) ILP.T.S.A. Comm. of Ed. Affidavit Reg. Copy Other __ Sub Total / 5 Sub To i 55-' GRAND TOTAL Real Property Tax Service Agency,Verification Dist. Section B lo~k Lot RECORDED U04 Tun i,' EduaFd P CLERK OF L:..UFFOLK COUHT¥ Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add, TOT. MTG. TAX Dual Town Dual County~ Held for Apportionment ~ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO ~ If NO, see appropriate tax clause on page # of this instrument. Community Preservation Fund Consideration Amount $ CPF Tax Due $ 9 Satisfactions/Discharges/Releases List Property Owners Mailin RECORD & RETURN TO: This page forms part of the attached . (5'0V~4-~ a ~,,_,9- ~.r~,_ ,~-"-aS (sPm T EOF INST UMmr) [ ~ iROn' [ The premises herein is situated in ~ ma a u ~ { SUFFOLK COUNTY, NEW YORK. Improved Vacant Land TD TD TD [ 8 I Title Company Information I Co. Name Title # Suffolk County Recording & Endorsement Page In the Township of In the VILLAGE or HAMLET of Kb,., ...... ~ [- 'c TO made by: BOXES 5 THRU 9 MUST BE TYP~ OR PRINIED IN BLACK INK ONLY P,I~R TO RECORDING OR FILING. · 1~ (OVER) DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this/~ day of///_~004 by Michael Niamonitakis and Emanuel Niamonitakis residing at 111 Marine Aveffue, Brooklyn, NY 11209, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the South side of the Main Road (N.Y.S. Route 25), Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and have received conditional approval from the Planning Board of the Town of Southold to implement a set-off and lot line change, as shown on the Subdivision Map of "Michael Niamonitakis" prepared by Joseph A. Ingeguo Land Surveyor, last dated August 2, 2002 which will simultaneously be filed in the Office of the Suffolk County Clerk; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and~Restfictions be imposed on said lots 1 and 2, and 3, and as a condition of said approvalJsaid Planning Board has required that the within Declaration be recorded in the Suffolk County/~lerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereat~er be subject to the following covenants and restrictions as herein cited, which shall mn with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: 1) 2) There shall be no further subdivision of lot 3 in perpetuity, The two building areas in Lot 1 with frontage along the Main Road (N.Y.S. Route 25) are part of Lot 1, and shall not be separated from Lot 1 in perpetuity, 3) 4) Lot owners 1 and 2 shall have a mutual non-exclusive, perpetual easement over. and access across the common driveway, which is part of Lot 1, for the purpose of pedestrian and vehicular ingress, egress and regress, as well as to tie-into, flow through and use the utility services located on, over or under the common driveway, Lot owners 1 and 2 shall be responsible for and pay equally for the work of extending, repairing and maintaining such common driveway from the entrance at Main Road (N.Y.S. Route 25). The use of the existing common driveway is limited to access and egress from Lots 1 and 2 of said subdivision and shall not provide access to any adjoining properties, and Prior to issuance of any residential building permits on Lots 1 and 2, the 16 foot wide common driveway must be constructed. These covenants and restrictions shall nm with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town. If any section, subsection, paragraph, clause, phrase or pmvision of these covenants and ~:~strictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall nm with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS ~'I-IE: ~F. ~ DECLARANT above named have executed the foregoing instrument t~ ~d ye/~r ,t ~y('~e. above: STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: O~this /q .day 9f,.7~/~ in the year 2004 before me. the undersigned, personally appeared'/q//g~/c/6t~,*/-~/¢t~ersonally known to me or proved to me on. the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ica), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executeckthe instnnnent. /- STATE OF NEW YORK SS: COUNTY OF SUFFOLK I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPAFJED. THE ANNEXED COPY O.F/ i.,, DEED LIBER ~AT PAGE //~Qz~ RECORDED 6//'7/0¥ AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS /~ g'~ DAY OF ~(~q¢_ ~~//~,~__ CLERK ,~.o,... ,~,. Notary l-'uDlic KOULA POLITI$ Notary ': ! ¢, State of ~ !',w York · ~t P050195 in ~K~ngs C Schedule "A" ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southeasterly side of Main Road (N.Y.S. Route 25) distant 621.48 feet Northeasterly from the comer formed by the intersection of the northeasterly side of Gillette Drive with the Southeasterly side of Main Road; RUNNING THENCE North 39 degrees 16 minutes 18 seconds East along the southeasterly side of Main Road, 73.39 feet; THENCE South 41 degrees 44 minutes 52 seconds East, 133.35 feet; THENCE North 44 degrees 03 minutes 58 seconds East, 296.72 feet; THENCE South 41 degrees 17 minutes 32 seconds East, 146.30 feet; THENCE South 41 degrees 00 minutes 32 seconds East, 630.01 feet; THENCE north 43 degrees 54 minutes 28 seconds East, 69.48 feet; / THENCE South 41 degrees 15 minutes 22 seconds East, 293.08 feet; THENCE South 37 degrees 10 minutes 28 seconds West, 382.16 feet; THENCE South 40 degrees 30 minutes 12 seconds East, 269.30 feet, to the noFthwesterly side of Dog Wood Lane; THENCE South 50 degrees 26 minutes 38 seconds West, 418.88 feet to the northeasterly side of Cedar Lane; THENCE along the northeasterly side of Cedar Lane the following two (2) courses and distances: 1. North 38 degrees 55 minutes 32 seconds West, 406.48 feet; 2. North 39 degrees 44 minutes 42 seconds West, 743.70 feet; THENCE North 47 degrees 01 minute 18 seconds East, 316.38 feet; TIt~NCI~ North 39 degrees 49 minutes 22 seconds West; 335.10 feet to the southeasterly aide of Main Road, the point or place of BE{3INNING. EXCEPTING so much of the premises known as District 1000, Section 031.00, Block 06.00 and Lot 029.000: ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, Town of Sonthold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the westerly comer of the subject premises, said beginning point also being located the following four (4) courses and distances fi.om the comer formed by the intersection along the southeasterly side of Main Road with the northeasterly side of a private road: I. South 26 degrees 10 minutes I0 seconds East, 335.10 feet; 2. South 60 degrees 40 minutes 30 seconds West, 316.38 feet; 3. South 26 degrees 05 minutes 30 seconds East, 628.83 feet; 4. North 64 degrees 23 minutes 20 seconds East, 319.43 feet to the point of beginning; RUNNING THENCE North 64 degrees 23 minutes 20 seconds East, 200 feet; THENCE South 25 degrees 36 minutes 40 seconds East, 150 feet; THENCE South 64 degrees 23 minutes 20 seconds West, 200 feet; THENCE North 25 degrees 36 minutes 40 seconds West, 150 feet to the point or place of BEGINNING. · TOGETHER with a right of way for egress and ingress over lands now or fOrmerly of Jean Schneider and/or James W. Kent which right of way is fully described in schedule "B" annexed hereto and made a part hereof. TOGETHER with all right, title and interest, if any, of the of the seller and any further rights of way to pass and repass for street purposes over all streets on a certain map entitled "Map of Section Two Gardiner's Bay Estates Situate at East Marion, Long Island" and filed in the Office of the Clerk of the County of Suffolk on September 23, 1927 under no. 275, including "the paths" leading to the beach. TOGETHER with the right, if uny to use the beach lying between Spring Pond and the Bay and Old Orchard Lane and the Channel marked upon the said map as "Beach For Use of Lot owners" for bathing and similar purposes and together with a fight of way, if any over Old Orchard Land and over the beach to said waters, such fight to be in common with other persons to whom such fights may have previously been granted. ALL of the aforementioned rights, titles and intere~ if any are subject to all covenants of restriction to the ~e d~g~c that the seller have been subject. SCHEDULE"B" THAT certain plot, piece or parcel of land, fully described in Schedule "A" is granted an easement for the purpose of ingress and egress as a right of way over an abutting parcel of land now or formerly of"Kent" and that easement is described as follows: .BEGINNING at a point that is the following three courses from the northwesterly comer of lot number 181 on the map of Gardner Bay Estates, Section 3,: 1. North 26 degrees 51 minutes 00 seconds West, 100 feet; 2. South 64 degrees 23 minutes 20 seconds West, 90 feet; 3. North 25 degrees 36 minutes 40 seconds West, 125 feet to said point of beginning; RUNNING THENCE through "Parcel "A", South 64 degrees 23 minutes 20 seconds West, 319.43 feet to the easterly line of a 30 foot-wide private road; THENCE along said easterly line North 26 degrees 05 minutes 30 seconds West, 25 feet; THENCE along through Parcel "A" North 64 degrees 23 minutes 20 seconds E?st, 319.543 feet to land now or formerly of "Kent"; THENCE along_the westerly line of said land of "Kent", South 25 degrees 36 minutes 40 seconds East, 25.0 feet to the point of BEGINNING. PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMEHS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 15, 2004 Ms. Madan Sumner c/o Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 Re: Proposed Set-off & Lot Line Change for Michael Niamonitakis Located on the south side of Main Road, East Marion SCTM#s1000-31-6-28.1 and 29 Zone R-40 Dear Ms. Sumner: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, June 14, 2004: WHEREAS, this proposed subdivision is to set off a 1.253 acre lot from an 18.756 acre parcel; and WHEREAS, this proposed lot line change between M. Niamonitakis and R. Ross is to subtract 2.524 acres from the 18.756 acre parcel and to merge it with an existing 0.688 acre lot, resulting in a 3.212 acre lot (SCTM#1000-31-06-29); and WHEREAS, the Development Rights will be purchased by the Suffolk County on 12.89 acres of Lot 1 (SCTM#1000-31-06-28.1); and WHEREAS, on July 9, 2002, the Southold Town Planning Board granted conditional preliminary approval on the plat, dated & last revised on March 29, 2002; and WHEREAS, all conditions of conditional final approval have been met; and WHEREAS, the Suffolk County Department of Health granted approval of the action on May 7, 2004 (updated); and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; therefore be it RESOLVED, that the Southold Town Planning Board grant final approval on the final plat, dated as revised July 18, 2002, and authorize the Chairperson to endorse the final map upon the fulfillment of the following condition: Niamonitakis - Paqe Two - 6/15/04 1. The filing of the final Covenant and Restrictions with the Office of the Clerk of Suffolk County and upon filing, the recording of the liber and page numbers upon the final plat. The mylar maps, which will be endorsed by the Chairperson as noted above, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval (Chairperson endorsement) shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, ~edlyn B. Woodhouse Chairperson encl. CC: Melissa Spiro, Land Pres~;rvation Coordinator Michael Vedty, Chief Bu}[ding Inspector Tax Assessors ? FROM : FAX NO, Jun. 14 2004 09:39AM P1 TO: Mark T~[~y FROM: Marian Sumner RE: Niamonitakis DATE: 6-14-04 # PAGES: 4 FAX JUN 1 5 2004 Souti~otd Town Pla nn[~,g Boa~ Per our discussion, attachod are the C&R's for the Niamonitakis Set-offand Lot Line Modification Project. I'll see you tonight at 6pm! FROM FAX NO, : Jun. 14 2004 09:40AM P2 DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this day of ,, ,2004 by Michael Niamonitakis and Emanuel Niarnonitakis residing at I 11 Marine Avenue, Brooklyn, NY 11209, hereinafter referred to as the DECLARANT; WiTNESSETH: WHERISAS, the DECLARANT is the owner of certain real property situate on the South side of the Main Road (N.Y.S. Koute 25), Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as thc Property); and WHEREAS, thc DECLARANT has made an application for and have r~ceived conditional approval from the Plamling Board of the Town of Southold to implement a set-offand lot line change, as shown on the Subdivision Map of "Michael Nianlonitakis' prepared by Joseph A. Ingegno Land Surveyor, last dated March 29, 2002 which will simultaneously be filed in the Office of thc Suffolk County Clcrk; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restriotions be imposed on said lots 1 and 2, and 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS. the DECLARANT has considered thc foregoing and have determined that the same will be for the best interests of the DECLAKANT and subsequent owners of said pm'cci; NOW, THEKEFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose ofcarryin~ out the intentions above expressed, does hereby make know~, edmit, publish, covenant and a~ree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their he/rs, executors, athuimstrators, legal representatives, distributocs, successors a~d a~signs, to wit: 1) ~) There shall be no further subdivision of lot 3 in perpetuity, The two building areas in Lot 1 with frontage along the Main Road 0q.Y.S. Route 25) are part of Lot 1, and shall not be separated/:rom Lot 1 in perpetuity, FR~M : ' FAX NO. : 3un. 14 2004 09:41AM P~ 3) Lot owners 1 and 2 shall have a mutual non-exclusive, perpetual easement over and access across the common driveway, which is part of Lot 1. for the purpose of pedestrian and vehicular ingress, egress and regress, as well as to tie-into, flow through and use the utility services located on, over or under thc common driveway, Lot owners 1 and 2 shall be responsible for and pay equally for the work of extendlng, repairing and maintaining such common driveway from the entrance at Main Road (N.Y.S. Route 25). The use oft.he existing common driveway is limited to access and egress from Lots 1 and 2 of said subdivision and shall not provide access to any adjoining properties, and s) Prior to issuance of any residential building permits on Lots 1 and 2, the 16 foot wide common driveway must be constructed. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of'these covenants as a whole or any other pan or provision hereof'other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall mn with the land and shall be finding upon thc DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public heming. FROM : · FAX NO. : IN WITNESS WHEREOF, the DECLARANT above named have executed the foregoing instrument the day and year first written above. By: Michael Niamonitakis By: Emanuel Niamonitakis STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this day of in the year 2004 before me, the undersigned, personally appeared , personally known to mc or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed thc same in his/her/their capacity(ica), and that by his/her/their signature(s) on thc instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this day of in the year 2004 before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971-4616. Tel: (631) 765-4330 Fax: (631) 765-4643 JUN 1 4 2004 Southold Town Pla~r Boarr~ June 10, 2004 Town of Southold Plannin9 Department 53095 Main Road P.O. Box Southold, NY 11971 RE: Niamonitakis set off Dear Ladies/Gentlemen: Enclosed please find my client's check in the sum of $5,000.00 payable to "Town of Southold" for the park and playground fee. If you have any questions, or need anything else, please do not hesitate to contact me. Thank you. Very truly yours, Patricia C. Moore Submission }Yithout a Cover Letter Subject: Date: South~ld Towlt Planninl[ Bovril , ,,. Comments: PER~ 42p (8/93) STAT Permit Fee: Insurance Fee: Total Receivedl . *Permittee: SERSE HOZEflHAO~ 166 HIEEIHaY TE~ACE FOHEST ~LLS, fly IZ376 Oilfing Address: (Complete If different from above) II Project Identification No~.~ E~piration Dam: SH Deposit R~, for$ C~ck ~ M.O..No.: Dated: Estimated Cost Pe~d in,he S~te Righter. Way$ 691~4~9 c~r~a~t° B~nd No,: (~ t~,ffi} or ~aking ~ File: Return of Deposit Made Payable to: (Comp eta if d fferent from Permtttee) Under the provisions of the Highway Law or Vehicle & Traffic Law. permission is hereby granted to the permittee to: TO CONSTRUCT & PERNANTLY HOI#TAIN k OESIDENTZAL DRIVEWNY i OTHER INCIDENTAL 1~HRK ON TIlE SOUTH SIDE OF NYS HTR. 25. E ART NARZOR, BETTAEEN NNS 1685-L686, AS PEO NTTHCHEO PLNNS & SPECS ALL WORE & R,B.W. RESTORATION SHNLl HE TO SATISFAC TIOH OF RES. E#H. ALL itORK SHALL'BE BONE ZR ACCOROANCE WITH APPROVE ~ PLANS, HYS SPECS OR HSOBE, flAIUTENANCE & PROTEC T[HH OF TRAFFIC SHALL HE THE RESPONSIHILTTY OF TNE PERfl[TTEE AT ALL TIRES UNTIL CONPLEHON OF AL~ WORK ETC. THE PERMI'F]'EE IS RESPONSIBLE FOR THE MAINTENANCE AND PROTECTION OF TRAFFIC. ANYONE WORKING IN THE STATE HIGHWAY RIGHT-OF-WAY IS REQUIRED TO WEAR HIGH VISIBILITY APPAREL (ORANGE/YELLOW) AND HARD HAT. C°un~0LR $OUTHOLD Municipality ~5 Route # - as set forth and represented in the attached application at the particular location Dr area. or over the routes as stated therein, if requ red; and pursuant to the conditions and regulations general or special, and methods of pedorming work, if any; all of which are set forth in the application and form of this permit Dated at: Dat~tt~l~lt~; N.Y. e~le~l~ EiJeE#~: SII[rT{~ M P O R T A N T THIS PERM., W~H APPUCA~ON AND DRAWING (OR COPIES THEREOF) A~ACHED SHALL B~CED IN THE HANDS OF THE CON.ACTOR BEFORE ANY WORK BEGINS. THE HIGHWAY WORK PERMIT SHALL BE AVAI~BLE AT THE SITE DURING CONSTRUCTION. BEFORE W~K IS ~TA~ED AND UPON ITS COMPLE~ON, THE PERM ~EE ABSO~ST NO~ THE RE~NT ENG NEE~ UPON ~MPLETIQMeE~K AUTHORIZED, THE mLm~e,~Y~ ~PL~ED, RESIDENT ENG~EER. Work authodze~ by this permit has ~een completed. Refund of deposit or retu~release of ~ is r~uested. DATE PERMITTEE AUTHORIZED AGENT tl~ Any) Work authorized by this permit has been satisfactorily completed and is accepted. Reverse side of thia form must be completed. Refund of Deposit is authorized [] Return of Bond is authorized [] Amount charged against Bond may be release(~ [] Retain Bond for future permits [] Other DATE RESIDENT ENGINEER The Regional Office will forward this form to the Main Office with the appropriate box checked. [] Permit closed ~{~ B~d returned/released I-I Refund of GUarantee Deposit on this permit is authofizecl r-I Other DATE REGIONAL ~AFFiC ENGINEER : '"PERM 41-1d (4186) METHOD OF PERFORMING WORK WITHIN THE STATE HIGHWAY RIGHT OF WAY '1. GENERAL CONDITIONS These conditions and repdations apply to Highway Work Permits authorizing work within the State highway right-of-wqu for water mnine, gas maine, cewor lines ged miscellaneous structures. General conditions apply to telephone and telugraph installations aa well as specific conditions en the setting and resetting of poles. These con,tone, and ney epecini conditions which ira added to this form, are enforceable by the Deportrnent of Transpnttation. A. TIME 1. Work under the permit aflnil be commenced within thirty (30) days from the date of permit issuance tmioec o later starting date ia ipproced by the Regional Traffic Engineer. B. REQUIREMENTS All the current requirements of the fobewiog shall apply: Occepationel befaty and Hneith Administration, Federal Department of Labor, Sefoty and Health Standords (29 CFR 192611910); Part 131, Title 17, New York Cede of Rules and Regelations, Accommodation of Utilities Within State Right.of. Way; New York State Department of Labor, Industrial Code Rule 23, Protection of Pomona Erabioynd in Construction and Demolition Work; industrial Code Rule 53, Construntio~, Excavation ned DemefiUne Operations At Or Near UndergroUnd Facflhios. Temqurary soil erosion and water pollution controls shaft be used as required. The final decision ne the mathed of uodergreued inntaflntion will be mede by the R~oaof Director or als representative, 1. Work Within Pavement and Shoulder Areas n. Installations that cr~ the pavement and shoulder itel. Wherever practical, all underground iontnilations shall be pieced beneath the pavement and shoulder areas without disturbance to these paved surfaces. 1) Boring, Jacking, and Tunneling Methods DESIGN e) Tho location of ell excavations (jacking pits, etc.) shall HO shown in plan and profihi. b) The cell profile aid groundwater conditions shall be determined by adequate subsu~ece exploration. c) The ioceben of all other existing atdibes shall HO shown. d) The constructio~ equipment and procedures to be used shall be described in the permit application. e) The design of all excevatirms, including ground and surface wator nentro~ where necessary, shall be mede avaliahie for review by the Department. f) The undergrneed,inntaflation shall be described in bated, i.e. di, ze, Inegth, depth, material, provioions for grouting, Itc. gl Pipes shaft genereliy §e ~mciosad in sioeves or Iwger pipes. Small ~rmmete~ smvices (2 inch LD. m stunner) may HO placed withont alsevieq at the dlscreben of N.Y.S.O.O.T. hi The ~mits of an open excavation shall not ho closer than 10 feet to the edgo of tho pavement unless approved by tho Department. Open excavations shoU be protected with the required controls for safety and for the malntnenece and protection of traffic hi occorbenne with tho New York State Deportment of Traneporta- riga, Manual of Uniform Traffic Control Devhiec, CONSTRUCTION a} Grouting operations mey ho required if surface sattiomont, loss of soil or voids around tho pipe develop. When grout is repuired, it shoal ceneist of 1 part cement to 2 parts seed, by voiome, and sufficient water to predece a consistency snitepio .for placing the grout. b) Backfill of open e~cevatiens shall be as required under 2.1 f) Open Excavation Method, 2) Open Excavation Method DESIGN a) The location of all pavement crossing by the open excavation method shall be shown in plen and proflk. b) The soil profile and groundwater cnediUons shall HO determined by adequate subsurface exploration. c) The location of nil other exlsdng utdities shell ho shown. d) The design of ali excavations, ioelediog ground and surface water control where necessary, shall be mede avelable for review by the Department. el When requested, tho construction equipment and procedures to be used shall be described in tho permit appficetion. fi Pipe instollatho,.$ shall be done according to the requiremnets of tho appropriate New York State Department of Traneportation's Standard Sheets. The required granular material shall meet the materiol requirements for Select Granular Fill in the current New York State Department of Treneportatioo's Standard Specificatione including addecdo. Exceptions will ntdy be allowed if prior approval is granted by the Repionel Soils Engineer. gl Pavement shall bo saw cut at termination points of pavement repiocement. CONSTRUCTION a) Pavmee~t and shoulder rmnoval shaft be done in a manner that provides for proper restoration of the replacement section. Straight, vertical cats of tho pavement will be required. Pavemnet surfaces thor become undmmined shall be cut back and removed. Altwoativo repair methods mey be need if ~ior approval is granted. b) The backfill mate;al sitag be placed and compacted according to the requimments for bqukfilllng atructmas, culverts, pipes, c(mduits and direct burial cable beached in Section 200, Earthwork, New .York State Oepmlmont of Trecepmtation'a Specifications, iecludhio addenda. c) Genmefi'f, cuts shall be filled at the end of each working bey. With prio~ approval, steel cover plates may be used. Recessing of these platec may be required, d) Temporary pavements ned aflo~ldere shall HO placed aa soon as a crossover installation is completed. b. Inatagatioce that are iongitedioal to the pavement. 1) Open Excavation Method DESIGN e) The location of all open excavations shall be shown'in plan mid profile. bi The soil profile and groundwater coeditione shall be datmmined by adequate subsurface exploration, c) The dasion of ail excavations, inchthing grou~l and surface water control whore necessary, shag be made avoilepio for review by the Oeportment. d) The location of afl other existing ntilitios shill be shown. e} Pipe i~stdilntiens shell be done according to tho requirements of the appropriate New York State Doeqrtment of Traceportation's Standard Sheets. The required granular material shall meet the material requirements for Select Granular Fill in tho current N~v York State Deportment of Trenebertation'o Standard Specifications, ieciodiug addenda. Exceptions will only be, allowed if prior approval ia granted by the Regional Soils EflOmcer, CONSTRUCTION a) Pavement and shoulder removal shaft be dorm in a rmemor that provides for proper restoration of tho replacemont section. StraigM, vertical cuts of the pavement will be requited. Pavemeet surfaces that become undermined shall be cut back and removed. ~Itamative repair matquds may be used H prior approval il granted. bi The backfill material shaft be pieced ned cempected eccmding to the requirements for backfilling atmctmes, culverts, plpec, crmduits and direct burial cable described in Section 200, Earthwork, New York State Department of Transporletion'a Specifications, including eddmKla. c) Gecereliy, cuts ckafl be filled at the end of each working day. With ~or approval, steel cover plates may be uced. R~cecalng of these plates may be required. d) Permanent or temporary pavement shag be placed immediotniy as sections of tho total inntagetio~ are complnted to aabbase elevation. Grovni ~ur~aces in elreulder areas may HO used if pr'mr epprovdi is granted. 2) Se~g, Jackin9, ged Tuflnelio6 Methods DESIGN ni All the requiremnets of 8.1. a. 1.) DESIGN a) through 9) shall apply. CONSTRUCTION o) All the requirements of B.1 a. 1.) CONSTRUCTION a) end bi ailed apply. b) Open excavations shed be protected with the required ce~trelo for cefaty and for the maiotefl&qce and protecGmt of traffic in accordance with the New York State Department of Transportation, Manuel of Uniform Traffic Control Devices. c) THO reduhaments of B.T.b. 1.) CONSTRUCTION d) shall apply. 2. Work Outside the Pavement Ired Shoniber Areas a. Open Excavation Method DESIGN a} All the requirements of B.1. b. 1.) DESIGN shall apply, b) Open excavations shall be protected with the requited cnetroio for safety and for the maintenance and protection of traffic in aecordenee with the New York State Depnttment of Treceportation, Manual of Uniform Traffic Control Devices. CONSTRUCTION al The backfill materioi shall be placed emi co~pa~ted according to tho repu~emento for beck~ ~tructurne, culcerht, pipes, conduits and direct blofni ca~io deccdhod in Section 200, Earthwork, Now York State Departmnet of Trneepertofine'o Sp~cificatioll~ b(dudioo addenda. NYSDOT REGION 10 2004 US OPen June 14 to 21 LANE CLOSURE EMBARGO NYSDOT has imposed a lane closure embargo for all active permits and contracts scheduled to work during the period of Jtme 14t~ to June 21, 2004. No Lane Closings will be allowed during this period from 4am to 10pm on the following routes: Suffolk County: 1-495, SR 25-CR 105 East to Orient Point, SR 24, SR 27-Robert Moses Causeway East to Montauk Point, SR 112, SR 25A-In the Village of Port Jefferson, SR 454, SR 347-Northern State Parkway to 347/454 split, Northern State Parkway, Southern State Parkway, Sagtikos Parkway. Nassau County: · 1-495, SR 27, SR 135, Northern State Parkway, Southern State Parkway, Meadowbrook Parkway, Wantagh Parkway. · PEhM 33m (1/97) STATE OF NEW Y'~"~K DEPARTMENT OF TRANSPORTATION HIGHWAY WORK PERMIT APPLICATION FOR NON-UTIMTY WORK PREPARE 3 COPIES (photocopies acdeptable) · ~Appllcation Is hereby made for a highway v/o~k permit: ~, Contact person th case of emergency ~ ~>~ ~'~ RETURN PERMIT TO: (. Nama For Joint application, name and address of Second Applicant below. Name __S~e Zip RETURN OF DEPOSIT/BOND TO: (comp~ oalylf a~,~e.t f~ ~) Name Address Addro~ City _ State Zip city State Zip 2. Antictpeted duration of work: From. ,19 , to apply to the aperation(s) checked o~ the mveme side. 3. Protoctive Liability Insurance covered by Policy NO. ; expires on 19 ~ PROPOSED WORK (Brief description): ATTACHED: Plans Specifications LQCATION: State Route State Highway between Reference Marker and Reference M~rker Town of: County of: SEQR REQUIREMENTS: (Check appropriate item) -- Exempt -- Ministerial __ Type II ElS or DEIS Lead Agency ff projec~ is identified to be ministarial, exempt, or TYPE II, no further action is required. If project is beter~'alned~.,,~ ,~ber.-~nistadai, exempt, or TYPE II, refer to M.A.P.7.12-2, Appendix A SEQR REQUIREMENTS FOR HIGHWAY WORK PERMITS. Acceptance of the r~uestod~er~ subjects the perm~tae to the restrictions, regu!ations and obligatigns stated on th~ application and on the permit. Second Applicant Signature ~ Date 19 __. PERMIT IS ISSUED CONTINGENT UPON LOCAL REQUIREMENTS BEING SATISFIED. ~.'~S_lnglp Job - Permit issued for each job a.~..D~v~ay or roadway 1. [~a, Elesidential 2. O Commemlal ? Minor a. cI Home Business 3. [] Commemial - Major - (Less than 100,000 square feet Gross Building Area) 4. [3 Commemial - Major - (100,000 square feet Gross Building Area and Greater) 5. r3 Subdivision Street 6. r~ TemPorary ~scess toad or street b. CI Improvement 1. [] Residential 2. [] Commemial Check additional description below: a. [] Install sidewalk, curb paving, stabilized shoulder, drainage, etc. b. [] Grade, seed, improve land contour, clear land of brush, etc. c. r3 Resurface existing medway or driveway d. o Annual resurfacing of residential and commemial roadways or driveways. 1, [] Per County 2. r~ Per Region c. [] Tree Work 1. [3 Residential 2. [3 Commemial (not required for pruning if utility has annual maintenance permit) Check additional description below: a. o Removal or planting b. '[3 Pruning, applying chemicals to stumps, etc. d. [] Miscellaneous Construction 1. [] Beautifying ROW - (for Civic Groups only) 2. [] Temporary signs, banners, holiday decorations a. [3 Not-for-profit organizations b. [3 Organizations other than not-for-profit 3. [] Traffic control signals 4. [3 Warning and entrance signs 5. [] Miscellaneous - Requiring substantial review 6. [] Miscellaneous 6, [3 Encroachment caused by D.O.T, acquisition of property 7. [] Compulsory permit required for work performed at the a. [] Building demolition or moving requested by D.O.T. 1. [] Demolition 2. [] Moving b. r-t Improvement to meet Department standards 8. [] Miscellaneous 9. [] Adopt a Highway $ 15 550 100 1400 900 200 15 200 100 50 150 4O0 15 NC NC 25 50O 25 400 25 25 NC NC 25 NC To~l Amom~ M FeeMxl~ Guarantee Deposit Check Number or Bond Number REVERSE Ma~ 07 04 iice G317654G0 I, Michael Nianlonitakis, hereby authorize Serge Rozenbaum, his ~ontrac~or ~?r~gents associated on h~s behalf, to obtain and any all permits related to the road iml~over~nt~re~uired by the New York State Department of Transportation located at 7540 ~n/~o a d,/~as~Vl~ri'o n, NY. STATE OF NEW YORK ) COUN r¥oF ) nC'- Onthe [ day of May, 2004, before me, the undersigned, a notary public in and for said State, personally appeared Michael Niamorfitakis, personally known to me or proved to me on the b~is of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the i~dividual, or the person upon behalf of which the individual acted, executed the instrument. ~ ~ublic GEORGE P. GEORGAKLIS Notary Public, State of New York No. 02GE6033783 Qualified In Kings County Commission Expires January 3, 20_~_~=, 6312840711 RATION OF COVE PECONIC LAND TRUST NANTS & RESTRICTIONS THIS DECLARATION is m~de this day of ,2004 by Michael Niamonitakis and Emanue] Niamo:fitakis residing at 111 Marine Avenue, Brooklyn, NY [ 1209, hereinafter ~fewed to ~ the DECLA~; WITNESSETH; WHEREAS, thc DECLARANT is the owner of certain teal pr~y silage on t~ Sou~ side of · e Main Road (N.Y.S. Route 25), Town of Southold' Suffolk Co~, N~ Yo~ more paaieul~ly bounded ~d d~fibed in Sch~&e "A" at~h~ h~o ~e~ ~fe~ to ~ · c Pro~y); ~d ~AS. ~e DEC~ has ~dc ~ applic~ for ~d have ~eived ~ndifion~ a~rov~ ~om th~ Plying B~ of~c Town of So~old to ~pl~en~ a s~-off ~d lot 1Lnc cb~ge, ~ shown on the Subdi~on M~ of '~ichael Ni~oni~s" ~ap~ad by los~h A. lnge~o ~d Su~or, ~t dat~ whi~ m~ wm simul~eously fil~ herewi~ ~ the Office of thc Suffolk Coun~ Clerk on ,20~; md WI-LEREAS, for and in consideration of the granting of said ~proval, the Planning Board of the Town cf Southold has d~elued it tc be in thc best interests of the l'ov~ of Southold and the owners and prosgcctive owner~ of ~ald lot~ that the within Covenants and ResWicrons be /reposed on said lots 1 and 2, and 3, and a~ a condition of said approval, s~id Planning Bo~rd bas required ~hat Se within D¢cla~ation b~ recorded in the Suffolk Covaty Clerk's Or'ce; a~d WHEREAS, thc DECLARANT has consifl~-ed the foregoing and Imve dctermin~ that the same wii1 be for the bez~ interests v£the DECLARANT and subsequent ownem of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSEIH: Thai the DECLARANT., for the pur0osc of carrying out the intentions above expressed, does hereby make known, admit, publisi% covenant and agra: that the said lots within said subdivision map shall hereafter be subjeot to the following covenants and restrictions as herein cited, wlgch shall run ,~4th the land and shall be binding u~)on all purch~em, lot owners and holders of ~aid Property, their heirs, cxecuto~, administrators, legal representatives, dis~ibutees, successor0 and assigns, to wit: 1) 2) 3) There shall be no further subdivision of lot 3 in peqoetuity, The two building are,as in Lot 1 with frontage along the Main Road (N.Y.S. Route 25) are par~ of Lot 1, and ahab not be scgarated from Lot l in perpetuity. I.or owners i and 2 shall have a mutual non-excluzive, lmrpetual easement over and access across thc mad, which is pa~ of LOt 1, for the purpose ofpedestfian and vehicular ingress, egress and regress, as well a~ to tic-into, flow through and use the utility serviccs located on, over or under thc road. 22:04 t3iZS~ .l PEOONIC LAND TRUST PAGE 82 lhese covenants and restrictions shall nm with the land and shall be bindin$ upon the DECLAKANT its an¢ccssors anti assigns, and upon all persons or ~ntities claim,s under them, and may be terminated, revoked or amended by the owner of thc Property only wig the written consent of the Town, It'any section, subsection, paragraph, clause, phrase or provision ofthes~ covcnat~ts and restriction~ shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision l~n.-of'other than the pan so ~djucll~d to bc illel~al unlawful invalid, or tmcons~.itutional. The within D~claration is made subjecl to the provisions of all laws required by law or by their pruvi~ic, ns to be i~rat~ h~ein and ~de a p~ her~f, as tho, Eh fiilly ~et fo~. t nat ~c ~vit~, ~l~a~i~ ~ball ~ ~ ~ifl, file ~d ~d sM~ bo fln~ ~on ~e D~CL~T ~d i~s su~csso~ ~d ~i~, ~d up~ all persons or ~dges da~n~ ~r th~, ~d may not be annul[~, w~wd. ch~c~ mO~fi~, te~inatcd, ~oked, ~ull~ or am~dcd by subs~t~e~ o~ of~c ~p~Y unless ~d ~1 ap~ov~ by a mgo~ty plus o~ vote Pl~ing Bo~ ofth~ To~ of Sou~old or its su~cssors, ~ a publk hc~$. IN WIX.NESS WHEREOF, tee DECLARANT abca, e named ,have executcd the foregoing instm.ment tl~¢ day and year first written above. By: M.~chael Nlamonitakls By: Emauuel l~iamonitaki9 STATE OF NEW YORK. ) COUNTY OF SUFFOLK ) SS: On this day of in the y~r 2004 before me, thc undersigned, personally appeared , personally known to mc or proved to me on the basis of satisfactory evidence to be the i.,adividual(s) whose name(s) is (are) subscnbed to the within instmm~at and ackno~-ledgcd to me that he/she/they executed the same in his/her/their capacity(les), and tlmt by hisfl~,~r/their signat'are(s) on the instmmeng the individual(s), or the per,or, upon behalf of which the individual(s) acted executed the instrument Notary Public STATE OF NEW YORK ) COLrNT¥ OF SUFFOLK ) SS: 0~, this day of in the ),ear 2004 before me. the undersigned, pe~sonally appeared , personally known to me or prov~ to me on the basis of satisfectory evid~cc to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the ~am¢ in hi,/her/their capaeity(ies), and that by hivher/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrumcllt. ~otary Public 0~/09t200~ 5J128~i PECONIC LA~ TRUST PA~ PECONIC LAND TRUST 296 H~mp~n Road, 1'0 Box 1~76, Southtmpton, h'Y 119~9 Phon*: (~1) 283-$19~ Fax: (631) 204~07]1 FAX TRANSMISSION COVERSHEET DATE: ~x~o: '~ ~-%~ NUMBER OF ]~AGES ~CLIfDIlqG ~S CO~ 5~: ~SAGE: PECONIC LAND TRUST - PROTEC~ OUR ~ A~V~ ~ ~{ON ~8 ~N .I.~T ~ ~ ~k ~ ~. ~ ~R~EO~y BY~P~N~ ~ 05/89/28~ 03:~0 6:3~28~ PECONIC LAND 'RUSF Spec./A~it. Community Pr,'s~rvalioe P~nd Suffolk County Recording & Endorsement P;ige (~ ~E ~ ~ ) ' Tide Company Info; ."nation ' PA~E PEgONIO LAND TRUS1 PA~E SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Ty~e of Instrument: N-m~er of Pages; 7 DECLARATION COVENANT]RESTRICTI 0 District: Section: Block: 1000 031.00 06.00 Recorded: At: LIBER: PACE: EXAMINED AND CHARGED AS FOLLOWS Received fha Following Fees For Above Instrument Exit Page/Filing $21.00 NO Handling CO~ $~.00 NO TP-584 No~a=ion $0.00 NO Ce=t. Copie~ RPT $~0,00 NO $CT~ Fees Paid THIS PA~E IS A PART OF THE INSTROME~ Edward P.Romaine Count~ Clark, Suffolk County 06/Z0/2002 [[:26:07 D00012190 698 ~ot: 028.001 gx~ $5.00 NO $0.00 NO $4.00 NO $0.00 NO $65.00 0~/05/28-34 03;e. 0 63120~.~ PKCONIC LAtlD T~UST PA~t~ 84 DECLARATION OF COVENANTS AND RESTRICTIONS THYS DECLARATION made by ~chael Niamoni~akis/md Emanuel Nismonitakis this ~ ~ day of' M~x)/ ,2002, resid~lg at 1 [ 1 Marine Avenue, Brooklyn, New York 11209, herinafter referred to as thc DECLARANTS, as the own~'* &premises described in Schedule "A" annexed h~eto (hereinafter referred to as the PREMISES) desires to restrict the use and eajo~m~ent of said PREMISES and has for such ptaposed determined to impose on said PRZMISBS covenants and restrictions and dom hereby declare that said PREMISES shall be held and shall bc conveyed subject to thc following covenants and restrictions: 1. DECLARANT5 have made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTM.~m'q-T) for a p~a-nit to crammer, approval of plans or a~proval of a subdivision or development on' the PRE2vHSE$. ¸8, &~ g 9~ll~iiJ.qn of gppro'~M h¥ thn DEPARTMENT of the ~ubdivi$ion or development application, thc DECLARA.NTS covalant that ~ere shall be no conveyance of/my lot in the subdivision unless an easement for water lines in approved language is provided for simultaneously upon conveyance. Such easemeni shall be subject to the approval o:t' the DEPARTMENT. As a condition for approval by the DEPARTMENT of the subdivision or dcv¢lopmem application: the DECLARANTS covenant that there shall be no couveyancc of any plot unles~ all public water ser~ce lines are installed ir~ the easemenI area, in accordance w~th the approved plan on file with the DEPARTMENT. This shall not prevent a conveyance o£the ~-ttire subdivision subject to this covcmant. l'hc DECLARANTS, their successors and/or assigns shall set forth those co~cnants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above d~cribed property and shall, by their terms, subject s/rotc to thc covenants and restrictions contained herein. Failure of the DECLAPoLNTS, their succe,~ow and/or a,signs to so condition the leases shall not invalidate their autolllatic s'ttbjugation to the covenants/md restrictions. All of the corena'uts and res.Ca'ictions contained herein ~hall be construed to be in addition to and not in derogation or limitation u'0on any provisions of local, state, and federal laws, er ididmances, an~'or regulations in effect at the time of execution of this agreement, or at thr ,uch laws, ordinances, and/or regulations may thereafter be revised, amended or promulgated. This document is made subject to the provisions of all laws required by law or by their provisions m be incorporated h~'~in and they are deemed to bc mcorporat~ herein and made a par,. hereof, as though flJIly set forth. The 'aforementioned Restrictive Covenants shal! be en~rreable by the County of Suffolk, State of New York, by injunctive reiiet or by any other ~medy in equity 86/09/200~ 032dEi 6312041 PECONIC LAND TRUST PA6E 85 7. or at law. The failure of said agencies or the Coun~ of Sut'folk to enforce the ~amc shall not be deemed to affect the validity of this ¢ov~nan! norto impo** any liability whatsoever upon the County of Suffolk or any officer or employee thereof. The covent~nts and restrictions slml] mn with the land and shall be binding upon tho DECLARANTS, their guceessor~ and a~signs, and upon all per*om or entiti~ claiming und~ th~m, a~d may be terminated'ti, revoked or amended only with the written consent of the DEPARTMENT. If any section, subsection, paragraph, clau~e, pkra~ or provision of the~ covenant~ and restrictions shall, by a Court of competent juriscliction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the ,amc ~hall not affoot the valldit7 of'these covenant, ~ a whole, or ~a~y ot~er part or provision h~mof other than the pan ~o adjudged to be illegal, unlawful, invalid, or unconstitutional. Lo~l Law #32-1980 -- The DECLAKANTS rqr~'es~nt and w~wrant that they have not off.'ed or givc-n any gratuity to any official, mployee, or agent of Suffolk County, N~w York State, or of any political pan'y, with the purpose or intent of s~emfng favorable treatment with respect to the ~erfomamce ofa~ agre~m~t, and that such person h~ mad and is familiar with th~ provision, of Local Law #32- 1980. '~' lff~,,~ ~ ,~ L.S. - . 0~:40 ~312Q4 PEGONIC LP, I',!9 TRUS? PA6E 86 SCHEDULE"B*' THAT certain plot, piece o: p~rcei o£!and, ~ly d~fibcd ~ Schedule "A' is ~ed ~ e~mm~ for the p~osc o~ ~gress ~ e~css ~ a fi~ of way over ~ ~g ~cel o~ l~d now or go~ly ~d tha ~asemen~ i~ ~scdbed as follo~: BEG~G a a poi:n O~at is ~e following ~w~ co~ses ~m the no~weaerly come~ of lot num~ 181 on ~ ~p of G~dn~r Bay Eslates~ Scion 3,: 1, No~h 26 degrees 51 ~nu~es 00 seeo~s W~t, 100 feet; 2. Sou~ 64 de~ees 23 minutes 20 seconds We~ 90 feet; 2. North 25 de~e~ 36 min~:e~ 40 :ezonds W~ 125 fe~ to s~d po~t ofbegi~g; R~lO T~NC~ ~-ou~ "P~el "A', Sou~ 64 degrees 23 minules 20 seconds We~ 319,43 f~t · ~ easterly l~e o~a 30 foot-~de p~vate road; T~NCE along said za~erly !i~e No~h 26 degrees 05 minutes 30 se,~nds We~ 25 feet; TH~CE ~mxg ~ough P~ei '~A" No~ 6a degr~s 23 mLnu~es 20 ~conds ~t, 319.543 f~t to now or fo~ly of"Kenf'; THENCE ~g ~e v, est~ty line of sad l~d of "Kent", South 25 de~ees 36 minutes ~ set.ds 25.0 tbet ~ thc point of BEG~G, PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 119 71-0959 Telephone (631) 765-1938 Fax (631) 765-3136 April13,2004 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 Re: Proposed Set-off & Lot Line Change for Michael Niamonitakis Located on the south side of Main Road, East Marion SCTM#s1000-31-6-28.1 and 29 Zone R-40 Dear Ms. Sumner: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, April 12, 2004:£~ / WHEREAS, this prop~/sed set-off is to set off a 1.253 acre lot from an 18.756 acre parcel; a~d,. WHEREAS, this proposed lot line change between M. Niamonitakis and R. Ross is to subtract 2.524 acres from the 18.756 acre parcel and to merge it with an existing 0.688 acre lot, resulting in one 3.212 acre lot and the remaining area which is part of the set-off application; and WHEREAS, the Development Rights will be purchased by the County on approximately 12.9 acres of the 18.756 acre lot; therefore BE IT RESOLVED that the Planning Board grant a retroactive extension of conditional final approval effective from December 14, 2003 to June 14, 2004. Please contact this office if you have any questions regarding the above. Very truly yours, ouse Chairperson cc: Land Preservation Department 03/24/2004 23:~2 631204071i PECONIC LAND TRUST PECONIC LAND TRUST 296 Hampton l~oad~ PO Box 177~, Southampton, NY ]] 9~9 Phone: (63]) 2K3.319S Fnx; (6~1) 2040711 FAX TRANSMISSION COVER SHEET DATE: March 25, 20(M TO: Mark Terry FROM: Marian Sumner FAX NO: 76S-3136 RE: Niamonltakis e~flension NUMBER OF PAGES INCLUDING THIS COVER SHEET: 2 MI~SSAGE: PA(~E 01 PEC. ONIC LAND TRII~T - PROTF~(']T OUR 03/24/2004 23:42 6312040711 PECONIC LAND TRUST PECONIC LAND TRUST March 25, 2004 The Honorable Ben,e~ Orlowski, Jr. Towu of Southold Plmaing Board 5309~ Main Read PO Box l 179 Southold, ~ 11971-0959 Re: Niamonlt~ds S~t-Off& Lot Line Modification De~ Chairman Orlows~: Per discussions with Mark Terry, wc arc requesting an extension of tim above- referenced project's Fin~,l Conditional Approval. We m"e still awaiting thc curb cut immait from thc New York State D~partm~t of Transl)onmion. Should you have any questions or need additional irfformation, please contact me at (631) 283-3195 ext. 26. Thank you in advance for your approval of this matter. Sincerely, Ma~an P. Sumner Director of Comcrvat/on Pro,rams STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-5518 February 18, 2004 Ms. Marian P. Sumner, Director of Conservation Programs Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, New York 11969 Dear Ms. Sumner: FEB 2 3 2OO4 Southold Town Plannin Board Your February 5, 2004 Submission. Received 2/11/04 Niamonitakis Plan - Dated 11/6/03, Last Revision 2/3/04 Route 25. East Marion SCTM 1000-31-06-28.1, 1000-31-06-29 Our Case No. 02-214P This is in regard to the site plans for the referenced project which were submitted to us for review. Prior to an approval of the site's access and issuance of a New York State Highway Work Permit, the following items must be addressed: The driveway elevations at the right-of-way line. and on site that you provided indicate that all drainage will not be contained on site. Please provide a grading plan that shows all drainage will be contained on site since we do not permit runoff from properties onto the State highway. Details for re-setting the Route 25 catch basin located within the proposed new driveway opening shall be shown on the plans referenced to NYSDOT specifications. This requirement was stipulated in our December 12, 2003 letter to you and it has not been addressed by this submission. By copy of this letter we are informing the Town of Southold that if the property owner develops the parcel located between the new access and Cedar Lane as a farm stand we will not approve an additional access point to Route 25. We respectfully request that the Town obligate the property owner to address the adequacy of this residential access for commercial use with us prior to approving this site for commercial use. All future proposed access to this parcel shall be through a cross access location to the proposed new driveway. We recommend that the future cross access location be noted on the plans at this time for our review to eliminate the potential for causing vehicle queues onto Ms. Marian P. Sumner February 18, 2004 Page 2 Route 25. This was stipulated in our December 12, 2003 letter to you and it has not been addressed by this submission. Site plan approval for highway work permit issuance is contingent upon our receipt of all of the following items within six (6) months of the date of this letter and no further revisions are made to the plans once we approve them. If the Highway Work Permit will be secured by anyone other than the property owner, i.e. contractor, the applicant must provide a signed letter from the property owner stating the applicant is authorized to act on behalf of the property owner in this matter. The letter must also include the property owner's mailing address and telephone number. Kindly submit four sets of the revised plans, permit fee and surety bond (sample enclosed). It is also mandatory that protective liability insurance be provided by the permittee. This must be accomplished by submitting a completed Perm 17, Certificate of Insurance, in accordance with Option A (form enclosed), or by submitting the fee specified below to be covered under the NYSDOT Blanket Policy. Also enclosed is a Highway Work Permit Application to be completed and returned to us. The application, completed Perm 17 and the Surety Bond must be secured by the same party. All checks issued to the State of New York must show a Federal Identification Number. Permit Fee (Payable to "State of New York"): $15.00 Bond Amount: $10,000.00 Insurance Fee: $25.00 or Perm 17 QuestiOns concerning this matter should be directed to Mr. Mark Wolfgang at (631) 952-7973. Please send all correspondence to his attention. Kindly refer to the subject case number and County tax map number in all correspondence. Thank you for your cooperation conceming this matter. Very truly yours, Or,c': af Signed By SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety Attachments cc: 4Ms. Valerie Scopaz, Town of Southold - Please note comment 03 Mr. Peter Hanis, Town of Southold Date: Name: Telephone: Mailing Address: SCTM# of site you are inquiring about: Query: (Please be specific about the information you need. Provide supposing documentation - surveys, maps, sketches - where possible.) For Office Use Only: Routed to: DEC 17 ",, Southoid Town Plannin~ Boar~ SUBIMAL C}-IAKRABORTI, P.E. REGIONAL DIRECTOR STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-5518 /??/ December 12, 2003 Ms. Marian P. Sumner, Director of Conservation Programs Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, New York 11969 Dear Ms. Sumner: Your November 12, 2003 Submission Niamonitakis Plan - Dated 11/6/03 Route 25, East Marion SCTM 1000-31-06-28.1, 1000-31-06-29 Our Case No. 02-214P DEC 1 9 2003 $outhold Towl Plannin This is in regard to the site plans for the referenced project which were submitted to us for review. Thank you for providing the explanation regarding Cedar Lane being a private road. We have confirmed that with the Town of Southold. Prior to an approval of the site's access and issuance of a New York State Highway Work Permit, the following items must be addressed: A driveway profile shall be provided for our review, or elevations at the right-of-way line and on site shall be provided, to insure all drainage is contained on site since we do not permit runoff from properties onto the State highway. This requirement was stipulated in the checklist that we provided with our September 12, 2002 letter to you and it has not been addressed by this submission. Details for re-setting the Route 25 catch basin located within the proposed new driveway opening shall be shown on the plans referenced to NYSDOT specifications. The proposed new location for the Route 25 sign relocation shall be shown on the plans and shall conform to the NYS Manual of Traffic Control Devices specifications. The curb on the east side of the proposed new entrance shall be extended east along the Route 25 frontage to connect with the west terminus of the Cedar Lane curb. Please have the plans revised accordingly. 5. The disposition of the parcel located between the proposed new entrance and Cedar Lane Ms. Marian P. Sumner December 12, 2003 Page 2 is not indicated on these plans. It has come to our attention, through discussion with Town of Southold personnel, that this parcel may be used for commemial activity. Your client should be aware that we will not approve an access to this parcel from Route 25. All future proposed access to this parcel shall be through a cross access location to the proposed new driveway. In addition, if that occurs, your client will need to secure a new Highway Work Permit to re-construct this current proposed residential access point to commercial standards. Your client may wish to consider securing the Highway Work Permit for commercial access at this time and constructing this access point to commercial standards. This would include an intersection type entrance, shoulder m- construction and providing the location (cross access) of the future access point from this parcel to the proposed new driveway. The cross access location must be chosen to eliminate the potential for causing vehicle queues onto Route 25. Sidewalk will not be required along the site frontage. Please eliminate the details pertaining to sidewalk at this location. A note shall be added to the plans stating which consecutive reference markers the site falls between or the reference markers shall be shown on the plan. The note regarding cleaning the drainage basins shall be revised to specifically state "The contractor is required to clean existing drainage basins along and immediately adjacent to the Route 25 site frontage at the completion of construction." The Maintenance and Protection of Traffic plan must include the note "All lanes must be open to traffic before 9 AM and after 3 PM. No lane closings are permitted on weekends or holidays. Nighttime lane closings will not be permitted without prior approval from the State Permit Inspector." You client should be aware that a lane closure or lane shift plan will be required for commercial access construction. 10. Any utility work proposed in State Highway right-of-way will require separate application and submission of plans (installation details, restoration details and Maintenance and Protection of Traffic plan - all referenced to NYSDOT specification item numbers and the Manual of Uniform Traffic Control Devices) to our Riverbead Maintenance facility. The applicant may contact Mr. Kevin Matthaei at (631) 727-1731 for further directions regarding Utility Highway Work Permit (HWP)applications. The applicant should be made aware that utility HWP issuance is subject to issuance of the HWP required for site work. Please submit four sets of revised plans to this office that address all of the items noted above. Review of the subject material is being coordinated by Mr Mark Wolfgang. He can be contacted at (631) 952-6020 if you have any questions regarding this matter. Please send all correspondence to his attention. Kindly refer to the subject case number and County tax map number in all correspondence. Ms. Marian P. Sumner December 12, 2003 Page 3 Very truly yours, Original Signed By SHAIK A. SAAD, P.E. Civil Engineer II Traffic Engineering and Safety cc: Ms. Valerie Scopaz, Town of Southold I~'Mr. Peter Harris, Town of Southold SAS:MW:DW PLANNING BOARD MEMBERS BENNETT ORLOWrSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 August12,2003 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 Re: Proposed Set-off & Lot Line Change for Michael Niamonitakis Located on the South Side of Main Road, East Marion SCTM#s1000-31-6-28.1 and 29 Zone R-40 Dear Ms. Sumner: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, August 11,2003: WHEREAS, this proposed set-off is to set off a 1.253 acre lot from an 18.756 acre parcel; and WHEREAS, this proposed lot line change between M. Niamonitakis and R. Ross is to subtract 2.524 acres from the 18.756 acre parcel and to merge it with an existing 0.688 acre lot, resulting in one 3.212 acre lot and the remaining area which is part of the set-off application; and WHEREAS, the Development Rights will be purchased by the County on approximately 12.9 acres of the 18.756 acre lot; therefore BE IT RESOLVED that the Planning Board grant a retroactive extension of conditional final approval effective from July 14, 2002 to December 14, 2003. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Land Preservation Department August 8, 2003 The Honorable B~n~ett Orlowski, Sr. Town of Southold Planning Bop. rd 5309~ Main Road PO Box l 179 Southold, ~ 11971-0959 Re: Niamonilalds Sci-Off& Lot Line Modification Dc~r C.hairman Orlowski: Per disalssions with Pair/cia Moor~, Bsq., ~otms¢l for ~. Ni~o~is, we ~c ~uostmg an cxt~sion of~e ~ove-~fe~c~ pmj~'s F~al ~ndi~a[ Ap~. Should you have ~y qu~ or ~ ~i6on'~ ~tio~ ple~ ~n~t mc at (631) 283-3195 ext, 26. ~a~ you ~ ~v~ for yo~ ~rov~ oft~z maU~. Sincerely, Ma'daa P. Sumner Dir¢ctm of Conservation Programs STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788 September 12, 2002 Ms. Marian P. Sumner, Director of Conservation Programs Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, New York 11969 Your July 25, 2002 Submission Niamonitakis Plan Route 25, East Marion SCTM 1000-31-06-28.1, 1000-31-06-29 Our Case No. 02-214P Southold Town Planning Board Dear Ms. Sumner: This is in regard to the site plans for the referenced project which were submitted to us for review. In recent years, many states have employed access management as a major technique to address conflicts between through traffic and that generated by developments. The goals of access ~nanagement are to limit the number of access points, separate conflict points and remove turning traffic fi.om through movements. New York State is utilizing this technique to minimize impacts to State highways. We recommend, therefore, that cross access to this site be obtained fi.om Cedar Lane which currently accesses Route 25. The site plan currently shows Lot 3 accessing this road and we recommend the other two (2) Lots access this roadway as well. Besides reducing access points on the State highway system, it will also result in a substantial cost savings to the property owner, since the overall length of the roadway necessary will be significantly reduced. Please submit four sets of revised plans to this office that indicate present conditions at the intersection of Cedar Lane with Route 25. The plans must contain the information noted on the attached check list. The key map and site plan currently show Cedar Lane's terminus at different locations. Site plan revision must correct this inconsistency. Review of the subject material is being coordinated by Mr Mark Wolfgang. He can be contacted at (631) 952-6020 if you have any questions regarding this matter. Please send all Ms. Marian P. Sumner, Director of Conservation Programs September 12, 2002 Page 2 correspondence to his attention. Kindly refer to the subject case number and County tax map number in all correspondence. Very truly yours, Ori ~g~..l Signed By Sha/~ A. Sa~d SHAIK A. SAAD, P.E. Civil Engineer II Traffic Engineering and Safety Attachment CC: Ms. Valerie Scopaz, Town of Southol~ Mr. Peter Harris, Town of Southold SAS:MW:JS REQUIRE/~TS CHECKLIST: Location and dimensions of existing highway pavement, curb, sidewalk, median, median openings, guide rail, utilities, signs (including size and text), pavement markings, bus stops, overhead and underground traffic signal equipment, right-of-way lines, controlled access lines and property lines. Existing and proposed buildings, appurtenances and drive-through windows. Design features, referencing the latest edition of the NYS Standard 21. pecifications, to be incorporated in proposed work: Dri.v.e. way pavement type and dimensions. · Radn of driveway returns an.d ot. her points of .curvature. ?~_.,/3. Driveway g.rades or pro~ies, indicating Iow point on private property. ?__~,~. A.ngle o.f driveways relative to roadway center line. ~___~3. Dimensions of roadside control islands and driveway medians. __.~/~. Dime. nsio.n.s of curb and sidewalk relative to pavement edge. y Detads of intern.al traffic circulation, including proposed signs, ~ pavement markings and traffic sign.al equipment. 8. North arrow and scale on each apphcable sheet· Size, type and grade of existing and proposed drainage features. Plastic pipe is not permitted within State right-of-way. Distance from each existing and proposed driveway to each adjacent driveway and cross street, including adjacent property lines and streets and driveways opposite the site. Maintenance and protection of traffic plans. A Maintenance and Protection of Traffic plan must be provided for work on Route 25. The plan must include the note "All lanes must be open to traffic before 9 AM and after 3 PM. No lane closings are permitted on weekends or holidays. Nighttime lane closings will not be permitted without prior approval from the State Permit Inspector." Traffic signal plans must be shown on a separate sheet including pavement markings, turn lanes, driveways, sidewalks and pedestrian ramps, crosswalks, buildings, poles, power supply, pullboxes, conduit, controller, head layout including face numbering, detection, right-of-way lines and signing. All work must be referenced to the latest edition of the NYS Standard Specifications. The plans must show existing features, such as drainage and utilities, which may conflict with the proposed signal. Tables of Operations, Clearances, Switchpacks, Input Wiring and Loop Wiring must be included along with a Phasing Diagram and Estimate of Quantities. Aerial photograph of the site and environs· Beginning and ending reference markers. STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAl- HIGHWAY HAUPPAUGE, N.Y. ! ! 7S8 July 31, 2002 Ms. Marian P. Sunmer, Director of Conservation Programs Peconic Land Trust 296 Hampton Road P.O. Box 1776 Southampton, New York 11969 Dear Ms. Sumner: Your July 25, 2002 Submission Niamonitakis Plan Route 25, East Marion SCTM 1000-31-06-28.1, 1000-31-06-29 Our Case No. 02-214P This is to acknowledge receipt of your submission on the above permit application. This permit application should be sensitive to the unique visual and historic setting of the Long Island North Shore Heritage Area, which runs from the Queens/Nassau County Line to Orient Point and from Route 25 or 1495, whichever is farther south, north to Long Island Sound. In all furore correspondence, please refer to the subject case number. The plans must also include the County tax map number. The subject material is being reviewed by Mr. Mark Wolfgang. He can be contacted at (631) 952-6020 if you have any questions regarding this matter. Please send all correspondence to his attention. Thank you for your cooperation concerning this matter. Very truly yours, Original Si ned By SHJkIK SA3ff), P.E. Civil Engineer II CCi Ms. Valerie Scopaz, Town of Southold~------ Mr. Peter Harris, Town of Southold SS:JH:JS . PECON~ LAND TRUST 296 Hampton Road. EO. Box 1776, Southampton, NY 11969 (631) 283-3195 F~x: (631) 204-0711 www. peconiclandtrust.org July 25, 2002 Mr. Gene Smith NYS Department of Transportation 250 Veteran's Memorial Highway Hauppange, NY 11788 Re: Curb Cut for Niamonitakis Plan, NYS Rt. 25, East Marion, NY Dear Mr. Smith: Attached please find four (4) Setoff and Lotline Modification maps for the above- referenced project located on NYS Rt. 25 in East Marion, NY. Peconic Land Trust has been assisting the landowners with the project, which involves significant conservation. The landowners are under contract to sell development rights on all but a small portion of the farmland. Pleased with the conservation plan, the Suffolk County Department of Health Services has approved the plan and the Town of Southold has granted Final Conditional approval (see attached). As part of the Town's conditions, we will need a NYS DOT Curb Cut permit for the common driveway on NYS Rt. 25. If you have any questions, please do not hesitate to contact me at 631-283-3195 ext. 26. Thank you for your assistance in helping to expedite this important conservation project! Sincerely, Marian P. Sumner Director of Conservation Programs PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 9, 2002 Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 RE: Proposed Set-off & Lot Line Change for Michael Niamonitakis South Side of Main Road, East Marion SCTM# 1000-31-6-28.1 and 29 Zone R-40 Dear Ms. Sumner: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, July 8, 2002: The public hearing was closed. WHEREAS, this proposed set-off is to set off a 1.253 acre lot from a 18.756 acre parcel; and WHEREAS, this proposed lot line change between M. Niamonitakis and R. Ross is to subtract 2.524 acres from the 18.756 acre pamel and to merge it with an existing 0.688 acre lot, resulting in one 3.212 acre lot and the remaining area which is part of the set- off application; and WHEREAS, the Development Rights will be purchased by the County on approximately 12.9 acres of the 18.756 acre lot; and WHEREAS, the applicant has received approval from the Suffolk County Department of Health; be it therefore Niamonitakis - Pa.qe Two - 7/9/02 RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys, dated March 29, 2002, received by the Planning Board on June 19, 2002, subject to the following conditions. The conditions must be met within six (6) months of the resolution: 1. The submittal of a New York State Department of Transportation Curb Cut Permit for the common driveway on Main Road. 2. The graphical representation of the Lot Line as outlined in The Planning Board's October 16, 2001 letter must be shown on the map. The language to "not separate the area in perpetuity" for the Lot 1 area not subject to Development Right purchase must be noted on the map and Covenants & Restrictions as outlined in The Planning Board's October 16, 2001 letter . 4. The submittal of the $5,000.00 Park and Playground Fee. 5. The submittal of (2) mylar maps and (5) paper copies with Suffolk County Department of Health Services approval. Please contact this office if you have any questions regarding the above. CC: Town Clerk Land Preservation Department AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it (:an be easily seen, and that I have checked to be sure the poster has remaLned in place for seven days prior to the date of the public I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property Your r~arhk Sign~tur~ ~'~ Address ' - ' / -' ' Notary Public PLEASE RETURN iRIS AFFII)AVff AND CERTIFIED MAIL £ECEIPT~; ON THE BAY OF. Ole AT THE PUBLIC HEARING Re: Proposed set-off and lot line change SCTM#:}999-31-6-28.1 & 29 Date of Hearing:_July 8, 2002'. 6:00 P.M. JUL 0 2 uz $o !thold Town a nning · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. , · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on th~ front ~f space permits. t. ~cle .z~ to~- -- - D. ts delk'e~ eddres~ different from ifem 14 if YES, enter defivery address beh3w: 3. Service Type r-i Registered I"1 insured Mail Postage $ P,o st rn~r'E-. ~d Delivery Fee $ '3, cl o ~r,,',,~ ~ ~.~...~.~.~).~.__~__...?~e.~_.~_~..~.~.~. ...................... l"I C.O.D. · Complete items 1, 2, and 3. Also complete item 4 ff Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. i · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: B. Received by (Printed Name) Is delivery addreSS dtffem~ flora item 17 If YES, enter delivery address below: Service Type ,,4:~Ce~h~ed [] Registered [] I~ured Mai[ Res~rictad Delivery? (Extra Fee) [] No postage ] $ Certified Fee ~'~ . iL ~) Lim Receipt Fee ~-iReturnReCeJptforM~chandise ~.~ ~-_l~ Ieee. p~.o~3&~."~ ........... i · Complete items 1, 2, and 3. Also complete -- item 4 if Restricted Delivery is desired. · Print your name and address on the reverse ,~o that we can return the card to you. · ~,ttach this c~'ci to the back of the mailpiece, ace permits. 1. ~A~icle Address~cl to: []~j,.t ~' F'J C i A ~ [] Addressee ~ Printed NameJ , J C. D~ate If YES, enter delivery address below: [] No 3. Service Type [] Registered [] Insured Mail L USE [] Retum Receipt for Merchandise P~I-~'~ ............................................................ [] c.o.o, i ~T ~,~ ,~ I~ (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-0~-M*~Cc~ _ C - · estricted Delivery ~s ae~,~,~- _ _ item 4 if R ~ -~dreSs on the reverse · print your name _8.n.~.~d~U~e card tO yoU. · Attacl'~this c .8~..to ,.n_eA~ck~tfs ..... address different from item 17 ~ ' Type ~Oe{Ne~? (Extra Fee) PS FO mu-' = '.]1 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · print your name and addreSs on the reverse o that we can return the card to you. s -' rd to the back of the mailpiece, · Attach tn~s ca , or on the front if space pemnits. en Requ ed> ), ~.~-~ ' ; ,: ...... PS ~m 3811, AugU~ 2~1 ~ :: -~ . a p tyourn~eandaddr~ B R~~by( P~ta e $ ~A'J~ m ~Cnt.,~ .~__ace~its. ~ Is~~d~ ..... ~No ~ ' L U[~l . ~ ~ RMum ~pt for M~h~l~ ~o.; o~ Po Box NO ' ......................... 2. ~ic&eNum~r ~) ~ ~ ~ O~ ~'~ ~ ~1~.M.1~' PS Form 3811, Aug ' ' ~m~ ~m se~ ~ ~1 ~m~iC ~um R~elpt (Transfer horn service ledel) . ~ Domestic Return Receipt ps'-'~'~o"~o~ 3811, August 2001 ~ · Complete items 1, 2, and 3. Aisc comptete item 4 if Restricted Delivery is desired. · print your name and address on the r;ev,erse so that we can return the card to yau; · Attach;th s card to the back of the~mailpiece, or on the front if space perm ts. A, Signature ts belive~ address different f~m ~tem 1 ? ~-1 Yes If YES, enter delivery add.SS below: [] No 2. Article Number (Transfer ~orn service label) PS Form 3811, August 2001 Postage certified Fee iurn Receipt Fee 4. Restricted Deliver? ~_xtra Fee) F1 Yes · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, i 1. ~r ::thA(%fmntmsse~ift::Paca permits. 2. ArMcle Number (Transfer from service label) PS Form 3811, August 2001 ' Printed Name) Domestic ReturnReceipt · · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivecy is desired. · p~nt your name and address on the mveme s~ that we can return the card to you. · ~[ttach this card to the back of the mailpiece, ~r on the front if space permits. ~ 1. Article Addressed to: 2. Article Number O'mnsfer from se~lce label) PS Form 3811, August 2001 D. Isdelive~yaddmssdiffemntflomiteml? [] Yes Postage If YES, enter ddliveej address below: Se ce Type 3. ~ifi~:t Mail [] Registered [] Insured Mail [] No r-I C.O.D. '~ot , ( 0 Postage Certified Fee Return R~ceigt Fee (~ndorsement Required) p ,~s.w ~ 276 of ~ Town Law and Article ~i~'V of the .Code of ~he Town of Souihold, a public hearing will be held by the ,%~hold Town Planning Board, at the Town Hall, Main Road, Southotd, New York in said Town on tbe 8th day of July, 2~2 on ~ queadon of the following: 6:~0 p.m. Public Heating for the pro- posed set-off and lot line change for off the south side of Main Road in East Marino, Town of' Southold, County of Suffolk, Stat~ of New Yolk. Suffolk County Tax Map Number 28.1 & 29. 6:10 p.m. Public Hearing for amended si~ plan for Premium W'me Group. Thc propen~ is located on north road, in Mattituck, Town of So~thold, County of Suffolk, S~aie of New Y~k. Suffolk County Tax Map Numbex 1000-121.6-L 6:20 p.m. Public Hearing for the amended site plan for Ospre¥'s Dominion. Th~ p~opelOj is located at 44075 Main Road, P~:o~ic, Town of Southold, County of Suffolk, State of New Y~k. Suffolk Cmmty Tax Map Number 1000-?$- 1-20.2. 23~-IT ~27 STATE OF NEW YORK) )SS: co, u. su?? K) .~ J,p~p~..~,//~J.,.)/__-~E~'~'/~ of Mattituck, in said county, being duly sworn, says that he/she Is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for / weeks succes- sively, commencing on the .~,~' day of ,.~'~,0 ~" 20,:~.~.~, /- I;~nclpal Clerk Sworn to before me this day of JU~-.~- 20 LAURA E. BONDARCHUK Notary Public, State of New York No 01 B06067958 Qualified in Suffolk County ~-- My Commission Expires Dec, 24, 20.. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCNIE LATHAM, JR. RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 24,2002 Ms. Marian Sumner cio Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 RE: Proposed Set-off and Proposed Lot Line Change for Michael Niamonitakis South Side of Main Road, East Marion SCTM# 1000-31-6-28.1 and 29 Zone R-40 Dear Ms. Sumner: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, June 24, 2002: WHEREAS, this proposed set-off is to set off a 1.253 acre lot from a 18.756 acre parcel; and WHEREAS, this proposed lot line change between M. Niamonitakis and R. Ross is to subtract 2.524 acres from the 18.756 acre parcel and to merge it with an existing 0.688 acre lot, resulting in one 3.212 acre lot and the remaining area which is part of the set- off application; and WHEREAS, the Development Rights will be purchased by the County on approximately 12.9 acres of the 18.756 acre lot; and WHEREAS, the applicant has received approval from the Suffolk County Department of Health; therefore BE IT RESOLVED that the Southoid Town Planning Board set Monday, July 8, 2002, at 8:00 p.m. for a final public hearing on the maps, dated December 16, 1997, and last revised on May 14, 2002. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 Slate Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Southold Town Plannin.q Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a set-off; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-31-6-28.1 and 29; 3. That the property which is the subject of this application is located in the R-40 Zoning District; That the application is proposed set-off to set off a 1.253 acre lot from a 18.756 acre parcel; the proposed lot line change between M. Niamonitakis and R. Ross is to subtract 2.523 acres from the 18.756 acre parcel and to merge it with an existing 0.688 acre lot, resulting in one 3.212 acre lot and the remaining area which is part of the set-off application. The property is located on the south side of Main Road, East Marion. o That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 3 p.m. Or, if you have any questions, you can call the Planning Board Office at (631)765-1938; = That a public hearing will be held on the matter by the Planning Board on Monday, July 8, 2002 at 6:00 p.m. in the Meetin,q Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner's Name(s): Michael Niamonitakis Date: 6/25/02 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on , I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on Your name (print) Signature Address Date Notary Public PLE,4SE I?ETLIRN fills AI::FIDAVII'AND CERYIFIED M/IIL RECEIPI-S ON litE DAY OF. OR AT TNE PUBLIC NEARING Re: Proposed set-off and lot line change SCTM#:_l?9.0-31-6-~-:1 & 29 DateofHeartng:_]~zy 8, 2002 6:00 p.~. · §58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. [I~ISTORY: Adopted by the Town Board of the Town of $outhold 12-27-!995 as L.L. No. 25-1995: Amendments noted where applicable.] § 68-1. Provirllng notice of public hearings. Whenever the Code calls for a public hearing, this section shall apply. Upon determining that an al~plication is complete, the board or commission reviewing the sam~ shall fix a time and place for a public hearing thereon, The board or commission reviewing an application shah provid~ for the giving of notice: A. By' causing a notice giving the time, date, place and - nature of the hearing to be published in the official newspaper within the period prescribed by law. B. 'By' requiring the applicant to erect the sign provided by the town, which shall bo prominent~[v displayed on the promises facing each public Or private street which the property involved in the application abuts, .giving notice of the application, the nature of the approval sought thereby and the time and place of the' public hearing thereon. The sign shall be set back not more than ten (10) feet t~om the' pr0per~y line. ~Pbe ~t? shall be displaxed, for a period of not 'tium van CO aay immediately preceding the date of the public heal'nE. Ti~o.appli .c.a_a_ ..t or ~Y ,~..~9r. _a~en~ sh_n. ll ~e ~n affidavit.that ~be has eom_plied with this provision. C. By requiring the applicant to send notice to the ownor~ of record of every property which abuts and e~ry property which is across from any public or p~ivate street. 5801 '§'58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58 NOTICE OF PUBLIC H~AR~G § 58-1. Pro~dding notice of public hearings. [ItlSTORY: Adopted by the Town Board of the Town of Southold 12-274995 as L,L No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings, . Whenever the Code calls for a public hearing, this section shed/apply. Upon determin/ng that e~l application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon, The board or commission reviewing an application shall provide, for the giving of notice: A. By' causing a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. 'By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public Or private ~troet which the property involved in the application abuts, .giving not/ce of the. application, thc nature cf thc approval so-ght thereby and the time and pla~e of thc' public hearing thereom The sign ~hall be set back not more th~n ten (10) fact from the' property lid. e. Thc. sign ~hall be 'displ pd. for a p od act less 'tha van immediately pre~lng the date .of file public hearing. · .The. appJi.~.c~. ~.t or.~;..~_.O_r_~a/~mt shall file an affidavit.that s hc oo _ pu lh C. By requhtng the applicant to Bend nonce to the owners of record of every proper~y which 'abuts m~d ~ory preper~y which is across from any public or p~vate 5801 NOTICE OF PUBLIC HEARING Chapter 58 NOTICE OF PUBLIC KEARI%IG § 58-1 § 68-1. Providing notice of public hearings. [IHSTORY: Adopted by thc Tov~x Board of the Town of 8outho[d 12-27-1995 as L.L. No. 25-1995: Amendments noted where applicable.] § 58-1. Providlngnotlce of public hearings. W]~ene~er the Code calls for a pubhc hearing, this section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The hoard or commission revievdng an applisation shall provide for the giving of notice: A. By' causing a notice giving the time, date, place and · nature of the hearing to be published in the official newspaper within the period prescribed by law. B. 'By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public Or private sireet which the property involved in the appliCation abuts, .giVing notice of the application~ the nature of the approval thereby and the time and pla~e of the' public hearing thereoru The sign ehall be eet baok no~ more tlum ten (10) feet from the' property line. The. ~u shall be 'di IzXed. for a period of not even C/) immediately preceding the dttte .of .the publio hearing. Re iq)p!i~c~q.~ ..t ~r ~i ..~_.9_r.__...a/{~u.t zbell fie mi afiida~tt ;that C. By requiring the applicant to send notice to the ownor~ of record of every property which 'abuts and every property which is across from any public or p~4vate street 5801 t-~-~ DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this day of__, 2002 by Michael Niamonitakis residing at 111 Marine Avenue, Brooklyn, NY 11209, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the South side of the Main Road (N.Y.S. Route 25), Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and have received conditional approval fi.om the Planning Board of the Town of Southold to implement a set-offand lot line change, as shown on the Subdivision Map of "Michael Niamonitakis" prepared by Joseph A. Ingegno Land Surveyor, last dated which map was simultaneously filed herewith in the Office of the Suffolk County Clerk on ., 2002 as Map File No. __; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, and 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall nm with the land and shall be binding upon all pumhasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: 1) 3) There shall be no further subdivision of lot 3 in perpetuity. The building area in Lot 1 with frontage along the Main Road (N.Y.S. Route 25) is part of Lot 1, and shall not be separated from such lot in perpetuity. Lot owners 1 and 2 shall have a mutual non-exclusive, perpetual easement over and access across the road, which is part of Lot 1, for the purpose of pedestrian and vehicular ingress, egress and regress, as well as to tie-into, flow through and use the utility services located on, over or under the road. 4) Lot owners 1 and 2 shall be responsible for and pay~for the cost of extending, repairing and maintaining such common driveway from the entrance at NYS Rt. 25 ("Main Road"). The use of the existing common driveway is limited to access and egress for Lots 1 and 2 of said subdivision and shall not provide access to any adjoining properties. These covenants and restrictions shall mn with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of ail laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public heating. IN WITNESS WHEREOF, the DECLARANT above named have executed the foregoing instrument the day and year first written above. By: Michael Niamonitakis STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this day of in the year 2002 before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Submis'sion Withou! a Cover Letter Sender: Submission Withou! a Cover Letter PLANNING BOARD MEMBI~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 17, 2002 Ms. Marian Stunner c/o The Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, New York, 11969 Proposed Set-off for Niamonitakis SCTM# 1000-31-6-28 Location: East Marion Zone: R-80 Dear Ms. Sumner: I have reviewed the Draft Declaration of Covenants and Restrictions for the Niamonitakis property. Suggested additions and revisions include: The improvement and maintenance costs of the 25 foot right-of way/common driveway is the responsibility of the owners of LOts 1 and 2. Please add a detailed clause designating responsibility and the share of costs of the driveway maintenance. 2. Due to the serious water supply limitations in East Marion, the Planning Board suggests that the Declarant landscape with native, drought tolerant plants as listed in the Horticultural Resource Guide published annually by Comell Cooperative Extension of Suffolk County, 423 Griffing Avenue, Riverhead, NY 11901 (631)-727- 7850. Once we are in receipt of the revised document, the application will be scheduled for the next step. If you have any questions, please do not hesitate to call me at (631) 765-1938, extension 243. .p o niclandt rust .or g//']/,/,~ 296 Hampton Road, EO. Box 1776, Southampton, NY 11969 February 11, 2002 Bennett Orlowski Town of Southold Planning Board 53095 Main Road PO Box 1179 Southold, NY 11971 Proposed cluster set-off- for Sy and Catherine Ghassemi SCTM# 1000-31-1-1 set -off and lot line change fo~ Proposed SCTM# 1000 31-6-28 DearMr. Orlowsh, 8outhold Town Planning Board Please review the enclosed drafts of the Declaration of Covenants and Restrictions for the above referenced projects. In addition note the information below pertaining to the resolutions adopted by the Town of Southold Planning Board October 16, 2001 regarding Ghassemi. · Letter regarding condition and proposed use of existing cottage on lot 1. At this time there is no set-off application for lot 2. We have made the provisions in the Declaration of Covenants and Restrictions for the reserved set-off requirement acreage in lot 2. When an application is submitted for a future set-off of lot 2 we shall comply with the additional Covenants and Restrictions. If you have any questions please contact Marian Sumner. Sincerely, Michael D. Shannon DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this __ day of ,2002 by Michael Niamonitakis residing at 111 Marine Avenue, Brooklyn, NY 11209, hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS, the DECLARANT is the owner of certain real property situate on the South side of the Main Road (N.Y.S. Route 25), Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and have received conditional approval from the Planning Board of the Town of Southold to implement a set-off and lot line change, as shown on the Subdivision Map of "Michael Niamonitakis" prepared by Joseph A. Ingegno Land Surveyor, last dated which map was simultaneously filed herewith in the Office of the Suffolk County Clerk on _, 2001 as Map File No. ; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, and 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall nm with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, dislributees, successors and assigns, to wit: 1) 2) 3) There shall be no further subdivision of lot 3 in perpetuity. The building area in Lot 1 with frontage along the Main Road (N.Y.S. Route 25) is part of Lot 1, and shall not be separated from such lot in perpetuity Lot owners 1 and 2 shall have a mutual non-exclusive, perpetual easement over and access across the road, which is part of Lot 1, for the purpose of pedestrian and vehicular ingress, egress and regress, as well as to tie-into, flow through and use the utility services located on, over or under the road. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall nm with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. 1N WITNESS WHEREOF, the DECLARANT above named have executed the foregoing instrument the day and year first written above. By: Michael Niamonitakis STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this day of in the year 2002 before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Projects/Niamonitakis/Town/C&R's 010602 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD JanUary 15,2002 Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 RE: Proposed Set-off and Proposed Lot Line Change for Michael Niamonitakis South Side of Main Road, East Marion SCTM# 1000-31-6-28.1 and 29 Zone R-40 Dear Ms. Sumner: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, January 14, 2002: WHEREAS, this proposed set-off is to set off a 1.253 acre lot from a 18.756 acre parcel; and WHEREAS, this proposed lot line change between M. Niamonitakis and R. Ross is to subtract 2.524 acres from the 18.756 acre parcel and to merge it with an existing 0.688 acre lot, resulting in one 3.212 acre lot and the remaining area which is part of the set- off application; and WHEREAS, the Development Rights will be purchased by the County on approximately 12.9 acres of the 18.756 acre lot; and WHEREAS, this property is located within the Low-Density Residential R-40 Zoning District; and WHEREAS, the Planning Board started the lead agency coordination process on this action on October 15, 2001; and Niamonitakis - Paqe Two - 1/15/02 WHEREAS, the Suffolk County Water Authority (SCWA) responded noting that the SCWA does not object to the Planning Board assuming Lead Agency Status for the project. However, the SCWA recommended that if the project is to be supplied with public water that the impacts of supplying public water be analyzed; and WHEREAS, the applicant supplied supplemental information that was reviewed by the SCWA; and WHERAS, due to the fact that the County will be purchasing the Development Rights on approximately 12.9 acres, the overall density of this 18.756 acre parcel has been reduced to two building lots and a 12.9 acre area on which the Development Rights will be purchased; and WHEREAS, due to the above mentioned reduction in density, the Planning Board and the SCWA have no objection to proceeding with the subdivision; be it therefore RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assumes lead agency, and as lead agency makes a determination of non-significance and grants a Negative Declaration. Enclosed is a copy of the Negative Declaration for your records. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ~ Chairman encl. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICI-L~RD CAGGIANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant January 14, 2002 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Set-off and Proposed Lot Line Change for Michael Niamonitakis SCTM#: 1000-31-6-28.1 and 29 Location: South Side of Main Road, East Marion SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Set-off is to set off a 1.253 acre lot from a 18.756 acre parcel. Lot line change is to subtract 2.524 acres from the 18.756 acre parcel and to merge it with an existing 0.688 acre lot, resulting in one 3.212 acre lot and the remaining area which is part of the set-off application. The Development Rights will be purchased by the County on approximately 12.9 acres of the 18.756 acre lot. SEQRA Neqative Declaration - Pa.qe Two Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Due to the fact that the County will be purchasing the Development Rights on approximately 12.9 acres, the overall density of this 18.756 acre parcel has been reduced to two building lots and a 12.9 acre area on which the Development Rights will be purchased. For Further Information: Contact Person: Bennett Orlowski, Jr. Address: Planning Board Telephone Number: (631)765-1938 cc: Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Planning Commission Suffolk County Water Authority Elizabeth Neville, Town Clerk Applicant Michael R, Rr.nk SUFFOLK COUNTY WATER AUTHORITY 4~60 5urlrisa Highway, Oakdale, New York 117eg (~31) ,~9-~00 ~ (e31) ~.~ January 11, 2002 Bennett I. Odowald, Ir. Chairman Town of $outhold Planning Board $outhoki Town Hall ?.O. Box 1179 $outhold, NY 11971.0959 Re: Niamonltakls $~-off $CTM #1000-31-6-25.001 Dear Mr. Orlowski: The Suffolk County Warat Authority has r~,,ived supplemenud information flora the P~c L~d Trust (PLT) ~ncer~ng the above refere~ed applicatbn p~di~ b~o~ the P~ing B~d. Accordi~ to thc PLT, Ni~o~takis owns 18,7 acres of vaunt ~nd in ~st M~ wNch is zoned R-40. Und~ the current zoni~ approximately ! 4 houses ~d be constmct~ on ~e ~el under a ~dition~ subdivision plan. Howler, PLT ~$ worked wl~ ~e To~ ~e C:ounty o~ Suffo~ ~d the owners of the I~ to proposca l~lted development prowl for the Under this proposal, the Count~ of Suffolk would purchase the development rights horn 13 acres of the parcel and pursuant to a subdivision application two building lots would be created. Under this proposal the yield ofthe parcel would be pennanemly reduced by 1:2 units. PLT has requested that the $CWA provide public water to the two proposed building parcels. The parcel has fl'ontage on two streets in which $CWA has water mains and contains an out- parcel already Servic, ed by SCWA. Based on Sut'foLk Count)' Dcpafl'ment ofHeahh Service~ regulations, tho projected water demand for thc two houses will be 600 gallons per day Under a traditional development plan, 4,200 gallons per day would be required to supply 14 houses. Given the ~rtent demand for water and the limited capacity of the SCWA's Southold system, SCWA is dt~,elopia$ additional water capacity. The SCWA will again consider new co, mentions in September 200'2. If the capacity exists at that time connections for the two parcels will be eslablishect. Any a~tivity which requires public water service is taken at the applicant's own risk. Notwithstanding thc $¢W~,'s ability tO m~t tha water demands of'the proposed gibdivision, thc capacity of the SCWA is limited. Any measures that the Town can require the appliolat implement which will linlit tha amount of water uied by tM subdivision would be weleom~l. For example, until t'urthor water resources are devdop~, the Town could requi~e that the developea- covenant that drought resistant plantings be established, lbnit the amoum o~'irrigation that can occur on the parcels and require that farm irrigation be provided fi.om another source. Laslty, a revi~; of the file indicates that no l~tters of water avmlability have been issued for this parcel notwithstanding correspondence dated October 30, 2001 which indicates thc oofltra~y. If you have any questions, plea.~ feel tree to contact my off'ice. Very trub, yours, ./9 / ' M~ch~l R, PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 11, 2001 Ms. Marian Sumner cio Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 RE: Proposed Set-off and Proposed Lot Line Change for Michael Niamonitakis South Side of Main Road, East Marion SCTM# 1000-31-6-28.1 and 29 Zone: R-40 Dear Ms. Sumner: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, December 10, 2001: BE IT RESOLVED that the Southold Town Planning Board override the Suffolk County Planning Commission report dated November 7, 2001. The Planning Board is requiring that a common driveway be designed within the proposed 25 foot right-of-way to provide access to both Lot 1 and Lot 2. The common driveway will be designed so as to accommodate emergency vehicles. A Declaration of Covenants and Restrictions will be recorded prior to any final approval of the subdivision. The Declaration will include terms for access, construction, maintenance and improvements for the common driveway. Please feel free to contact this office if you have any questions regarding the above. Very truly yours, _ , ~ Bennett Orlowski, Jr. Chairman encl. cc: Suffolk County Planning Commission COUNTY OF SUFFOL. K DEPARTMENT OF pLANNING SUFFOLK COUNTY EXECUTIVE November 7, 2001 THOMAS ISLES, A.I.C.P. D~RECTOR OF PLANNING Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Niamonitakis SCC FileNo.: S-SD-01-05 SCTM No.: 1000-31-6-28.1 & 29 Dear Mr. Orlowski: Pursuant to the requirements of Section A14-24 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on November 7, 2001 reviewed the above captioned application and after due study and deliberation resolved to disapprove it because of the following reason: Lots 2 and 3 are proposed to take access over a 25 foot easement over Lot 1 from Main Road. The easement "dog legs" left and right and then travels southeasterly to the lot areas. Lots 2 and 3 are by Commission definition "land locked". Comment: Lot 3 existed prior to the pending application as a land locked parcel with an access easement across Lot 1. The Town should investigate those pre-existing rights to Cedar Lane that lot 3 may have and the possibility of extending those rights to the newly created lot 2. Very truly yours, Thomas Isles, AICP Director of Planning _ Principal Planner APF:cc G:~CCHORNY~SUBD~V~COMISHLT',COM2001 \NOV~SD01-5. NOV EPtST M/ RION FIRE DISTRICT P.O. BOX 131 · MAIN ROAD EAST MARION, NEW YORK 11939 BOARD OF FIRE COMMISSIONERS Valehe Scopaz, AICP Town Planner Town Hall 53095 State Route 25 PO Box 1179 Southold, NY 11971 Re: SCTM# 1000-31-6-28.1 & 29 Dec. 11, 2001 Ms. Scopaz: After review by the East Marion Fire Department Chief and East Marion Fire District Board of Commissioners, it has been found that no firewells are needed for the Set-Off& Lot Line Change for Michael Niamonitakis located on the Main Road in East Marion. Sincerely, . _ '-"-Christina Goldsmith Secretary, East Marion Fire District D'£C 1 ~ 2001 SoutholdTown Planning Board PECC~IC LAND TRUST 296 Hampton Road, P.O. Box 1776, Southampton, NY 11969 (631) 283-3195 Fax: (~31) 204-0711 p~/ www. peconlclandtrust.org t~-~ November 13, 2001 The Honorable Bennett Oflowski, Jr. Town of Southold Planning Board 53095 Main Road PO Box 1179 Southold, NY 11971-0959 Re: Niamonitakis Sot-Off & Lot Line Modification Dear Chairman Orlowski: Attached please find the revised plans per the Planning Board's request upon sketch plan approval.. Should you have any questions or need additional information, please contact me at (631) 283-3195 ext. 26. Sincerely, Marian P. Sumner Director of Conservation Programs COUNTY OF SUFFOLK DEPARTMENT OF PLANNING RoBeRT d. GAFFNEY SUFFOLK COUNTY EXECLmVE November 7, 2001 THOMAS ISLES, A.I.C,P, Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Niamonitakis SCC FileNo.: S-SD-01-05 SCTM No.: 1000-31-6-28.1 & 29 Dear Mr. Orlowski: Pursuant to the requirements of Section A 14-24 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on November 7, 2001 reviewed the above captioned application and after due study and deliberation resolved to disapprove it because of the following reason: Lots 2 and 3 are proposed to take access over a 25 foot easement over Lot 1 from Main Road. The easement "dog legs" left and right and then travels southeasterly to the lot areas. Lots 2 and 3 are by Commission definition "land locked". Comment: Lot 3 existed prior to the pending application as a land locked parcel with an access easement across Lot 1. The Town should investigate those pre-existing rights to Cedar Lane that lot 3 may have and the possibility of extending those rights to the newly created lot 2. Very truly yours, Thomas Isles, AICP Director of elannl;~ll~ ~ ~~, AICP ~ Principal Planner APr:cc G:\CCHORNY~SUBDI'v',COMISHL~COM2OOI\NOV~SD01-5 NOV LOCA~ON MAILING ADDRESS h LEE DENNISON BLDG. - 4TH FLOOR · P, O. BOX 6100 · (5 I B) 853-5190 (631) 427-5665 FAX (631) 427-5620 NELSON, POPE & VOORHIS, LLC ENVIRONMENTAL, PLANNING, CONSULTING 572 Walt Whitraan Road Melville, NY 11747 TO: Valerie Scopaz Date: Town of Southold Planning Board Office Town Hall, 53095 S.R. 25 Re: PO Box 1179 Southold, NY 11971-0959 Job No. 5-Nov-01 Niamonitakis Subdivision Review SCTM #1000-31-06-28.1 & 29 NP&V g01330 We are sending you ~ X Pick Up ~ For Your X Under separate cover Herewith By Messenger Review & Comment Approval As requested For your use Bid Submission Q.anti~ I Drawing Title ] Sheet No. IDate I Environmental Review Remarks: Please feel free to call should you have any questions or require any additional information. NOV 0 ? 2uu] Very truly yours, ~ t&amn~ Bo~r~ NELSON, POPE & VOORHIS, LLC By: Shana Lace}, Niamonltakis @ East Marion Environmental Review NP&V #01330 ENVIRONMENTAL ASSESSMENT REVIEW ENVIRONMENTAL AND PLANNING CONSIDERATIONS NIAMONITAKIS @ EAST MARION Prepared for: Valerie Scopaz Town of Southold Planning Board Office, Town Hall 53095 Main Road Southold, New York 11971-0959 Prepared by: Nelson, Pope & Voorhis, LLC 572 Watt Whitman Road Melville, New York 11747 Date: October 31,2001 The Town of Southold Planning Board has retained Nelson, Pope & Voorhis, LLC (NP&V) for consulting services in review of the above referenced application. The proposed action involves the subdivision of a 19.444 acre parcel into 3 lots with the following lot sizes: Lot 1 totals 14.979 acres, Lot 2 totals 1.253 acres, and Lot 3 totals the remaining 3.212 acres. All of the lots are designed for residential use however Lot 1 will contain a building area of only 1.139 acres with the development rights on the remaining 12.949 acres to be purchased by the County. The parcel currently contains a single family dwelling, gravel drive and frame shed. The majority of the site is utilized for agricultural purposes, although much of the northem portion of the site appears to have gone fallow and is currently intermixed with agricultural cultivars and early successional species. Forested woodland surrounds the existing dwelling and occupies the southeastern portion of the site. This document analyzes the site and area resources including topography, soils, water, land use, zoning and transportation and other available information. The site has also been inspected for environmental/planning constraints. Page 1 Niamonitakis @ East Marion Environmental Review NP&V g01330 Location and Site Overview The project site is located on the south side of Main Road (NYS Rte 25), approximately 621.48 feet east of Gillette Drive. Cedar Lane, a private right of way, abuts the entire length of the western property boundary, and a small portion of Dog Wood Lane abuts the southeastern comer of the site. The subject property can be more particularly described as SCTM Numbers 1000-31- 06-28.1 and 29. The parcel contains a total of 73.39 feet of road frontage along Main Road (NYS Rte 25) and currently contains a single family dwelling and frame shed with a gravel drive access road off of Cedar Lane. The majority of the site is utilized for agricultural purposes, although much of the northern portion of the site appears to have gone fallow and is currently intermixed with agricultural cultivars and early successional species. The site does not contain any vegetated freshwater or tidal wetlands; however, the southern portion of the site may be located within the jurisdictional limits of the NYSDEC under Article 25 of the Environmental Conservation Law (ECL). The site does not contain any known historically and ecologically significant resources, although the site is depicted on the NYS Office of Parks, Recreation and Historic Preservation (NYS OPRHP) Circles and Square Map as being located within a one square mile area of an archeological site. This review will discuss the proposed project and its potential impact on land resources. Proposed Proiect The overall property is comprised of two individual tax lots, lot 28.1 (18.756 acres) and lot 29 (0.688 acres), under separate ownership. Tax lot 29 is landlocked although a 25 foot right of way provides access from Cedar Lane. It should be noted that the majority of the existing gravel drive is located north of the right of way. The proposed project inv'olves a set-off of a 1.253 acre lot from tax lot 28.1 as well as a proposed lot line change between tax lot 28.1 and lot 29 which will subtract 2.524 acres from tax lot 28.1 and merge itwith tax lot 29, resulting in a 3.212 acre lot. A total of 1.139 acres within the remainder of tax lot 28.1 will be utilized for residential development, with the development fights on 12.949 acres to be purchased by Suffolk County. A 25 foot right of way is proposed from Main Road and extends the eastern perimeter of the site and will provide a common access drive to Lot 1 and Lot 2. Lot 3 will continue to be accessed via a 25 foot right of way from Cedar Lane, however the Planning Board has recommended that the proposed right of way either encompass the existing gravel drive or that the existing gravel drive be removed and replaced within the proposed right of way location. In summary, as a result of the proposed project, three residential lots will be created having the following lot sizes: Lot 1 totals 14.979 acres, Lot 2 totals 1.253 acres, and Lot 3 totals the remaining 3.212 acres. It is expected that the existing dwelling within Lot 3 will remain following project approval. Land Use and Zoning The project site is located in an area that contains a mix of residential, agricultural and undeveloped vacant land. The dominant land use in the general area is residential, and the proposed application is consistent with surrounding uses. Residential uses abut the perimeters of the subject site, with the exception of a snack bar/motel located adjacent to the northeast corner of the property. Agricultural land is located to the north as well as farther west, with scattered vacant undeveloped parcels also found in the )mmediate vicinity of the site. Page 2 Niamonitakis @ East Marion Environmental Review NP&V #01330 The subject site is zoned R-40 Residential, which requires a minimum lot size of 40,000 SF, or just slightly less than 1 acre in area. Maximum permitted lot coverage within the R-40 zoning district is equivalent to 20% of the lot area, and the required front yard, side yard (combined side yard total), and rear yard dimensions are 60 feet, 20/45 feet, and 75 feet, respectively. All of the proposed lots exceed the zoning requirements specified above and the residential development of the resulting lots should not require zoning variances. As a benefit of the proposed application, a total of 12.949 acres of agricultural land will be preserved through the purchase of development rights within a portion of Lot 1. R-40 Residential zoning is located to the south, west, east and northeast and is the dominant zoning classification in the area. Resort/Residential (RR) zoning abuts the northeast portion of the property and R-80 is located to the northwest. The project is in harmony with various Town' watershed management and farmland protection planning documents and initiatives by retaining a large contiguous area of agricultural farmland. The land use and zoning impacts of the proposed project are expected to be minimal. Traffic Generation The proposed use would be expected to slightly increase traffic generation upon full establishment of the site as compared to existing conditions. The future development of the land is not anticipated to generate significant additional traffic to the area. Due to the location of the site and consideration of area roadways, an increase in trip generation at the site would not be expected to have a significant impact on the area roadways. The horizontal and vertical road curvature allows good sight distance, and the creation of 2 additional residential lots would not be expected to have a significant impact with regard to traffic generation. The Planning Board has required that a common curb cut and common driveway for both Lot 1 and Lot 2 be provided with access on Main Road, reducing potential impacts associated with site access. Soils and Topography The property does not contain any significant landforms or geological features. The Suffolk County Soil Survey (Warner, et. al., 1975) identifies two (2) soil types on the subject site, which consist of the following: Riverhead sandy loam, 3 to 8% slopes (RdB) and Haven loam, 0 to 2% slopes (HaA). The Haven Loam series is described within the Suffolk County Soil Survey as land which is suitable for development, with good leaching potential. The hazard of erosion hazard is slight on HaA soils. The Riverhead series consists of deep, well-drained moderately coarse textures soils that formed a mantle of sandy loam or fine sandy loam over thick layers of coarse sand and gravel (Warner, et. al., 1975). The soil survey lists the erosion hazard for RdB as moderate to slight and the main concerns of management involve controlling runoff and erosion and providing adequate moisture for landscaping/agriculture. The topography and soils on site do not appear to present severe development constraints. Page 3 Niamonitakis @ East Marion Environmental Review NP&V #01330 Wetlands As previously stated, the site does not contain vegetated freshwater and/or tidal wetlands. Tidal wetlands associated with Spring Pond are located south of the site on the south side of Bayview Drive. The NYSDEC regulates activities (including the subdivision of land) within and adjacent to tidal wetlands under Article 25 (tidal wetlands). The subject property is less than 300 feet from Spring Pond, although it is expected that Bayview Road has been a paved roadway that has been in existence prior to August 20, 1977; as such, Bayview Road would be the landward limit of NYSDEC jurisdiction under Article 25. It is recommended that an Article 25 jurisdictional determination be obtained from the NYSDEC to determine if an Article 25 permit is necessary for the proposed subdivision. Water Resources Public water is supplied to the general' area by the Suffolk County Water Authority (SCWA), and it is expected that the single family dwelling on site is connected to public water. The SCWA maintains an 8" main on the west side of Cedar Lane and on the north side of Dogwood Lane as well as a 12" main on the north side of Bayview Drive. It is estimated that the 3 residential lots will utilized approximately 900 gallons of water per day and each lot will be connected to public water. Additional water use is anticipated due to the expected continuation of agricultural use within the remaining lots. The elevation of groundwater beneath the subject site is less than 3 feet above mean sea level (msl) according to the 1999 SCDHS water table map. The topographic elevation on site ranges from approximately 20 to 30 feet above msl as based on the subdivision sketch plan. Therefore, the minimum depth to groundwater is approximately 17 to 27 feet, which coincides with on-site soil boring data which does not indicate the presence of groundwater to a depth of at least 17 feet below the surface. The direction of groundwater flow is expected to be towards the south. SUMMARY In conclusion, the proposed applications would create 2 additional residential lots, which would conform to the character of the area and R-40 zoning. The site does not appear to contain significant environmental features that would limit residential development in the proposed development locations, provided adequate drainage and containment of on-site runoff are achieved and sanitary systems are properly designed and constructed. The proposed project will increase waste water generation, solid waste generation and water use, in addition to increasing taxes which would be distributed to the various jurisdictions. The site is expected to increase the number of trips entering and exiting the site, although is not anticipated to cause a significant impact to the surrounding roadways. As a result, no significant adverse environmental impacts are anticipated in connection with this proposed project. Additionally, the project would allow for the preservation of 12.949 acres of agricultural land through the purchase of development rights. Page 4 Michael R. Frank Deputy Chief Executive Officer for Customer Service SUFFOLK COUNTY WATER AUTHORITY 4060 Sunrise Highway, Oakdale, New York 11769 (631) 589-5200 Fax (631)563-0356 October 30, 2001 Ms. Valerie Scopaz Planner Town of Southold P.O. Box 1 I'/9 Southold, NY 11971-1938 Re: Lead Agency Coordination Request Cluster Set-Off M. Niamonitakis Dear Ms. Scopaz: Southold Town Planning Board The SutS}!k County Water Authofit> has received the Lead Agency Coordination letter [br the above referenced prqiect. A review of ~.CWA rec¢,:'ds indicates that the parcel is located on a road in which a water rna;~ is located. A letter of water availability has been issued for parcel SCWA does nm object to the Planning Board assuming Lead Agency Status for the above referenced pmiect. However, if the project is to be supptied witk public water it is recommended that the i~npacts of supplying public water be analyzed. The enclosed checklist can assist in this review. Please feel free to contact me if you have any questions in this matter. Ve,~. truly youra, ~ /? Michael ~, ~rank £nc!osure Scoping Checklist I. Cover Sheet A. Indicate whether draft, supplemental or final EIS B. Name or other descriptive title of the project C. Location ofthe project D. Name and address of the lead agency which required preparation of the statement and the name and telephone number of a person at the agency to be contacted for further information E. Name and address of the preparers of the stalement and a contact name and telephone number F. Date of acceptance ofdrafl ElS or draft SEIS G. In the case ora draft EIS's, the deadline date by which comments are due should be indicated I1. Table of contents and Summary A. Brief description of the action B. Significant, beneficial and adverse impacts (issues of controversy must be specified) C. Mitigation measures proposed D. Alternatives considered '.' ' E. Matters to be decided (permits, approvals, funding) III. Description of the Proposed Action A. Project purpose need and benefits !. Background and history 2. Public need for the project, and municipal objectives based on adopted community development plans 3. Objectives of the project sponsor 4. Benefits of the proposed action B. Location 1. Establish geographic boundaries of the project 2. Description of access to the site 3. Descrip!ion of existing zoning of the site 4. Other: C. Design and Layout 1. Total site area a. proposed impervious surface area b. amount of land to be cleared c. open space 2. Structures a. layout of. buildings .. b. site plans and profile v~ew 3. Other D. Approvals ReqUired IV. Environmental Selling A. Water Resources (Groundwater) I. Location and description of aquifers and recharge areas a. quality b. quantity c. seasonal variation d. depth to water table 2. Identification of present uses and level of use of groundwater a. private water supply b. public water supply c. location ofexisting wells d. agricultural uses e. commercial/Industrial uses f. seasonal variation B. Land Use and Zoning 1. Existing land use and zoning a. description of the existing land use of the project site and the surrounding area b. description of existing zoning of site and surroundin8 area c. description of any affected agricultural district or other farmland retention program boundary in and surrounding the site 2..Description of any land use plans or master plans which include project site and surrounding area a. Southold master plan b. Southold water supply management and watershed strategy c. special groundwater protection area plan 3. Other C. Public Water Service 1. Existing facilities 2. Current usage levels 3. Projected future usage levels 4. Projected future facilities V. Significant Environmental Impacts Identi~y those aspects of the environmental setting in Section IV that may be adversely or beneficially affected by the proposed action including cumulative impacts as measured against Southold Water Supply Management and Watershed Protection Strategy and provide discossion. VI. Mitigation Measures to Minimize Environmental Impacts Describe measures to reduce or avoid potential adverse impacts identifie.d in Section V. VII. Adverse Environmental Effects that Cannot be Avoided if the Project is Implemented VIII. Alternatives IX. Irreversible and Irretrievable Commitment of Resources X. Appendices ~LANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 16, 2001 Ms. Marian Sumner Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 RE: Proposed Set-off and Proposed Lot Line Change for Michael Niamonitakis South Side of Main Road, East Marion SCTM# 1000-31-6-28.1 and 29 Dear Ms. Sumner: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, October 15, 2001: WHEREAS, this proposed set-off is to set off a 1.253 acre 10t from a 18.756 acre parcel; and WHEREAS, this proposed lot line change between M. Niamonitakis and R. Ross is to subtract 2.524 acres from the 18.756 acre pamel and to merge it with an existing 0.688 acre lot, resulting in one 3.212 acre lot and the remaining area which is part of the set- off application; and WHEREAS, the Development Rights will be purchased by the County on approximately 12.9 acres of the 18.756 acre lot; and WHEREAS, this property is located within the Low-Density Residential R-40 Zoning District; be it therefore RESOLVED that the Southold Town Planning board grant sketch approval on the map, dated July 24, 2001, with the following conditions: Niamonitakis - Pa,qe Two - October 16, 2001 A building area has been designated for Lot 1. Access to the building area for Lot 1 and to Lot 2 is over a 25' right-of-way from Main Road. A common curb cut and common driveway for both Lot 1 and Lot 2 must be shown on the final plat. A \/ Declaration of Covenants and Restrictions must include terms for access, construction, maintenance and improvements for the common driveway. In addition, curb cut approval must be obtained from the NYS DOT. 2. The sketch plan shows the entire frontage along Main Road as being within the proposed right-of-way area. The right-of-way must be revised to be 25' in width. The. remaining area, which includes frontage along Main Road, is part of Lot 1, but is not proposed to be part of the Development Rights Sale. It must be noted on both the map and in a Declaration of Covenants and Restrictions, that this area is part of Lot 1, and shall not be separated from such lot in perpetuity. 3. The final plat must show the lot line change in proper lot line format. The existing lot ~,/ must be shown with a dotted line. The area of the existing lot, the area to be merged · with the existing lot, and the area after the lot line change must be indicated. In addition, the owner of the existing lot must be part of the lot line change application. / 4. The Declaration of Covenants and Restrictions must include a condition that there shall be no further subdivision of the lot involved in the Lot Line Change (Lot 3) in perpetuity. The proposal involves a relocation of an existing right-of-way that provides access to the lot involved in the lot line change (Lot 3). The proposed area of the right-of-way includes some, but not all, of an existing gravel driveway. The proposed right-of-way should include the entire existing gravel driveway, or the gravel driveway should be moved so that it is within the boundaries of the new right-of-way. The final map must be revised to reflect one of these options. 6. The final plat must be prepared at a scale of 1:100, or an insert at that scale must be provided; and be it further RESOLVED, that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps (six paper prints and two mylars) must be submitted before a final public hearing will be set. The final maps must contain a current stamp of Health Department approval and, if public water is to be provided, a valid water contract from the Suffolk County Water Authority must be submitted. The Planning Board has reviewed the property and has decided that it is inadequate in size for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required as per Section A106-38(e) of the Town Code. Niamonitakis - Page Two - October 16, 2001 The amount required shall be $5,000.00 (five thousand dollars per new vacant lot in the subdivision). Payment is required prior to any final endorsement of the subdivision. A Declaration of Covenants and Restrictions in accordance with the conditions of sketch approval must be submitted. In addition to the conditions noted in the sketch approval, the Declaration is to include the standard language in regard to modification and enforcement required by the Planning Board for all Declarations. After the Planning Board's approval of the document, it must be recorded in the County Clerk's Office prior to any endorsement of the final plat. A notation is to be placed on the final plat that a Declaration of Covenants and Restrictions has been filed in accordance with the Planning Board's requirements. The notation is to include the liber and page number of the recorded document. The sketch plans have been referred to the Suffolk County Planning Commission and the East Marion Fire Department for review. The Planning Board may require additional covenants and restrictions upon review of the reports and review of the final map. You will be notified if any additional covenants and restrictions are required and if any firewells must be installed. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Odowski, Jr. Chairman cc: Land Preservation Committee PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 2001 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State EnvirOnmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Oc~.oxC-{- ~ Lo't'L~.~ C~.ec~ ~tt.. IvY. /~n[~'~;. Requested Action: ~C"t'f~~ IOoo-",SI- (o- ~-~'.~ ,, ~.~ SEQR~ Classification: ( ) Type I (,~ Unlisted Contact Person.'~~_.,~ (~;:),~=~:: ~'i ?p' (631) 765-1938 Page 2 Lead Agency Coordination Request The Dead agency will determine the need for an environmental impact statement (ELS) on this project. Within thirty (30) days of the date of this letter, please respond in wdting whether or not you have an interest in being lead agency. Planning Board Position: ()~) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Please feel free to contact this office for further information. Very truly yours, ! Bennett Orlowski, Jr. ///~' Chairman cc: ~ea~,.eC.ACCee~ Building Department Southold Town Board ~,Suffolk County Department of Health Services NYSDEC - Stony Brook ~'ffc!k County Dol;.--,-tm;nt of Pub'.;c Wo.'ks U.S. Army Corp of Englnoor; ~New York State Department of Transportation Thcmcc Cybu'.;kl, C~con~;..-t. Public Utillti~.s n.~,i,~ &h~_tet!!' Crscnpc.'t. Villcgc Ad."'~nlctrctor ~Suffolk County Water Authority *Maps are enclosed for your review PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATI-L~¢I, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765~3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ~"~. 1 {,, ,2001 Suffolk County Planning Commission 220 Rabro Drive P.O. Box 6100 Hauppauge, NY 11788-0099 Attention: Andrew Freleng, Principal Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Hamlet/Locality: S.C.D.P.W. Topo No.: Zoning: '~,- 14 0 S.C. TaxMapNo.: 1000-"~t - Major Sub. Minor Sub.~' Site Plan Cluster MATERIAL SUBMITTED: P~,,"y Plat (3 copies)~ Road Profiles (1).__ Lot Line Change Drainage Plans (1) Topographical Map (1).__ Site Plan (1).__ Grading Plan (1).__ Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet __ Page 2 Southold Town Planning Board Referral Referral Criteria: SEQRA STATUS: 1. The project is an (~) Unlisted Action ( ) Type I Action ( ) Type II Action 2. A ( ) Negative Declaration L.A c~orc~i~,'~c,~d ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. 3. E.I.S. statement enclosed. ( ) Yes (',¢) No 4. The proposed division has received approval from the Suffolk County Department of Health. ( )yes (,~)No Comments: We request acknowledgement of receipt of this referral ( ( )No Referral received Commission and assigned File No. Sincerely, Chairman ) Yes 2001 by the Suffolk County Planning PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR~ Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RIC I-I~kRD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 17, 2001 Cynthia Goldsmith, Secretary East Marion Fire District P.O. Box 131 East Marion, New York 11939 Dear Ms. Goldsmith: Enclosed please find one (1) survey for the Set-Off & Lot Line Change for Michael Niamonitakis located on the Main Road in East Marion. SCTM# 1000-31-6-28.1 & 29 ,/ The enclosed site plan is being referred to you for fire access review and for your recommendations as to whether any fire- wells are needed. Please specify whether flrewells are shallow or electric. The enclosed subdivision is being referred to you for your recommendation at to whether any firewells are needed. Please specify whether firewells are shallow or electric. Thank you for your cooperation. Very truly yours, Valerie Scopaz, AICP Town Planner enc. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 17, 2001 Mr. Charles Voorhis Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Melville, New York 11747 Re: Review of EAF for Michael Niamonitakis SCTM#1000-31-6-28.1 & 29 Dear Mr. Voorhis: The Southold Town Planning Board hereby refers the Environmental Assessment Form for the above-mentioned subdivision to your office for review. Also enclosed are: 1. Map dated July 24, 2001; 2. Planning Board resolution dated October 16, 2001. The Planning Board started the lead agency coordination process on October 15, 2001. The $500. review fee has been submitted by the applicant. Please submit your report no later than November 12, 2001. The purchase order will be Sent to you under separate cover. Please contact this office if there are any questions regarding the above. Very truly yours, Valerie Scopaz, AICP ~ Town Planner Eric. PECONI i LAND TRUST 296 Hampton Road, EO. Box 1776, Southampton, NY 11969 www. peconidandt rust.org August9,200t Southold Town P Board The Honorable Bennett Orlowski, Jr. Town of Southold Planning Board 53095 Main Road PO Box 1179 Southold, NY 11971-0959 Re: Niamonitakis~ Lot Line Modification Dear Chairman Orlowski: Attached please find the applications and necessary attachments for the above- referenced project. Peconic Land Trust is acting as agent on behalf of Michael Niamonitakis. Mr. Niamonitakis is under contract to sell the development rights on approximately 14-acres of the property to Suffolk County. The enclosed plan proposes an approximately 1.3-acre set-off to create an additional building lot and a lot line modification to sell approximately 2-acres to his neighbor. Should you have any questions or need additional information, please contact me at (631) 283-3195 ext. 26. Sincerely, Director of Conservation Programs PECONIC LAND TRUST 296 Hampton Road, EO. Box 1776, Southampton, ] 7002 0510 0002 4037 5868 Jeanette Hanover 5501 Munsey Place Cenreville, V/ ~9~ LEOh 2000 09~S0 200L · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1, Article Addressed to: A. Signature [] Agent X [] Addressee B. Received by (Printed Name) C, Date oJ Delivery D. Is delive~/ address different from item 17 []Yes If YES, enter delivery address below: [] No 3. Se ice Type ~r~ertified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number ~Tran~fe~r f.r~. .se.,rvice lapel) - - PS Form 3811, August ZUUl L~omestic Return Receipt 102595-02-M-1035 PECONIC LAND TRUST 296 Hampton Road, EO. Box 1776, Southampton, 7002 0510 0002 4037 5929 i,o{ ~.25.o2 · Complete items 1, 2, and 3, Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature [] Agent X [] Addresse~ B. Received by ( Printed Name) C. Date of Delivery D. Is delivery address different from item 17 [] Yes If YES, enter delivery address below: [] No 3. Service Type .--~l~l. Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O,D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number (Transfer from ~ervice label) PS Form 381 1, August 2001 Domestic Return Receipt 102595~2-M-1035 SUBDIVISIONS Proiect Type: Set Offs Status: Final Approval SCTM # 1000 - 31 .-6-28.1 Proiect Name: Niamonitakis set-off and lot line Location: Main Road/Route 25/Cedar Lane and Old Orchard, East Maion Hamlet: East Marion Applicant Name: Michael Niamonitakis Owner Name: Michael Niamonitakis Zone 1' R-40 Approval Date: 6/24/04 PLAT Siqned Date: 6/24/04 Zone 2: C and R's ' Homeowners Association ' OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 3: R and M Aqreement: Address: County Filinq Date: 7/19/04 SCAN Date: EXISTIN~ OATGH ~ASIN--- ~_ r* ~ ,~ HITH FULL N NOTE ~ THE CONTRACTOR IS REQUIRED TO OLEAN EXBTIN® ORAINAsE BASINS ALONg ANO H~EDIATEL¥ ADJACENT TO THE ROUTE 25 SITE FRONTAGE AT THE COMPLETION OF CONBTRUCTION NOTE- CONTRACTOR TO REPAIR/REPLACE ALL OAMASED CURBS, SIPE~ALKS AND SI~NA~E AS DIRECTED BY NTSDOT FIELD ~N®INED~ N/F / / N \ \ \ N~ HELEN TYTE PETER$ON / / / / / / / / / / / / / / / LOT I N \ NIP HELEN $PINTHOURAtq$ ,/ MICHAEL J. RIGHTER ~ K~THLEEN A. RICHTER SICN LE®END: UTILITY' POLE LEGEND: ~¢DII LIPA LINE / 5~BOL LEGEND LOCATION HAP PROJ AREA !Z'" _i r.z.11n 4: O El Zo ELEVATION ,~ PARTIAL SECTION ,' , i I;l',' 'i ' LIFTIN~ R.IN® E)ETAIL NOT TO SCALE B PLAN ENIP SECTION PR.ECAST TOP-SLAE~,-T"r'PE "V'" NOT TO SOALE PA¥'EMENT RE.~TORATION DETAIL (I 'IEETIN® EXISTIN® ASPHALT PAVEHEN F) (NO RESUP-,FACIN®) NOT TO SCALE L ~PE "~" LEACH IN~ BASIN ~ETAIL OONSTRUOTION KEY DETAIL5 5HOUL~J~R k,,IOR. K AF;~EA END ROAD WORK SEE SECTION5 2~4.10, I~ ~, / x'> " 54.2, ~Ot.2 ANP FLAO M~K A ~' II 1/2" 114" PLAN t=ABR.ICATEP STEEL ®R.ATE FOR I=R.AME "T"r'PES I, 2 .~ D [TEhI' AT SECTION A-A PLAN A LOCATION OF OFF~ET ,&ND Rllvi ELEVATION ~/4~ SECTION CAST IR.ON FRAME - T'r'PE 2 (INCLUDES CUR.B BOX) ITEi'd SECTION THRU ®RATE, T"fPE 2 FRAME ®R.ATE LOO'K. INO IPEVICE NOT TO SCALE ONE LOC, KIN® DEVI©E PJE~UIREC~ PER. ®R~ATE AN'( OTHER LOGKIN® DEVICE MAY 5UDSTIT~TE~ FOR THE ONE 5HO~ APPROVAL ~ THE CHEIF EN¢INEER NOTES: CONCR.ETE T'r'PE 'A' ORIVE~A~ CONSTRUCTION NOT TO SCALE 2 oP 2 TYPICAL PLOT PLAN TANK PURCHASE OF DEVELOPMENT RIGHTS ARE.~ TOTAL S.C. TAX No. 1000-51-06-28.1 LOT 1 LOT AREA 652,484.82 14.979 ac. sq. ff. BUILDING AREA = 49,600 sq. 1.159 ac. 564,050.85 sq, ft. 12.949 ac. TOTAL LOT AREA = ff. LOT 2 54,600.00 1.253 ac. KEY MAP SCALE 1"=600' SKETCH PLAN PREPARED FOR MICHAEL NIAMONITAKIS SITUATED AT EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-31-06-28.1 1000-31-06-29 SCALE 1"=60' JULY 24, 2001 TOTAL LOT AREA = 846.992.99 sq. ff. 19.444 Dc. OWNEt]& APPLICANT: MICHAEL NIAMONITAKIS P.O. BOX 411 BROOKLYN, NEW YORK, 11209 THIS SUBDiVISiON WILL APPEAR IN DISTRICT I000 SECTION 51 BLOCK 06 .% THIS IS TO CERTIFY THE SUBDIVISION PLAN HAS SEEN APPROVED BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD SY RESOLUTION ON APPROVAL DATED BY CHAIRMAN PLANNING BOARD I HEREBY CERTIFY THAT THiS MAP WAS MADE BY US FROM ACTUAL SURVEYS COMPLETED JULY 2~-, 2001 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS: · HEREON ACTdALLY EXIST AND THEIR POSITIONS ARE CORRECTLY SHOWN AND ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT sq. ft. LOT 3 TOTAL LOT AREA = 139,908.17 sq. ff. 3.212 cc. THE EXISTANCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY~ NOT SHOWN ARE NOT GUARANTEED. TEST HOLE DATA N,Y,S, Lie 4966B AU8 10 2~1 ~ouU~old Town Joseph A. Ingegno Land Surveyor Title Surveys -- SubdMsions -- Site Plans -- PHONE (651)727-2090 OFFICES LOCATED AT 1380 ROANOKE AVENUE RIVERHEAD, New York 11901 ConsUuct~n Loyout Fox (631)727-1727 MAILIN~ ADDRESS P.O. Box 1931 Riverheod, New York 11901-0965 S.C. TAX No. 1000-51-06-29 EXISTING LOT AREA = 50,000.00 sq. ft. 418.88' ccC, Dati TYPICAL SEWAGE DISPOSAL SYSTEM NOTE: 1. ELEVATIONS SHOWN ARE SCALED FROM TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS. EXISTING ELEVATIONS ARE SHOWN THUS: 80.0 EXISTING CONTOUR LINES ARE SHOWN THUS: BO 2. THIS SURVEY IS IN THE 1927 NEW YORK STATE PLANE COORDINATE SYSTEM. SOURCE: SUFFOLK COUNTY MONUMENT No. 10-1240, ON NORTH SIDE OF MAIN RD. 50'+ WEST OF ROCKY POINT RD. SUFFOLK COUNTY MONUMENT No. 10-1239, ON EAST SIDE OF ROCKY POInt RD., 1/2 MiLE NORTH OF MAIN RD. LEACHING POOL