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HomeMy WebLinkAbout1000-86.-6-26RECeiVED BY · P:'pe ¸ti ?x," /974 v._~__-.,.:_~ ....... S L~~~r Y Southold, N.Y. 11971 (516) 765-1938 August 16, 1987 Mr. Anthony B. Tohill Attorney at Law 12 First Street P.O. Box 1330 Riverhead, NY 11901 Re: Louise O. Day Minor subdivision Dear Mr. Tohill: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, September 14, 1987. RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the survey for Louise O. Day, SCTM#1000-86-6-26. Enclosed is an endorsed survey for your files. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD T LD Southold, N.Y. 11971 (516) 765-1938 February 26, 1987 Mr. Anthony B. Tohill Attorney at Law 12 First Street P.O. Box 1330 Riverhead, NY 11901 Re: Louise O. Day Minor subdivision Dear Mr. Tohill: The following action was taken by the Southold Town Planning Board, Monday, February 23, 1987. RESOLVED that the Southold Town Planning Board amend the resolution dated May 5, 1986 with regard to the set off of Louise O. Day located at Peconic to read as follows: "RESOLVED that the Southold Town Planning Board approve the set-off of Louise O. Day located at Indian Neck Lane, Peconic, to set off 5.4 acres from 13.7 acres, survey dated as amended July 23, 1985." When the Chairman has endorsed the surveys, we will forward a copy to you. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIP~AN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary DECLARAT I ON ~ ~ ~ ~9~ THIS DECLARATION, made the ~ ay of Mn~T~nh, 1986, by LOUISE O. DAY, residing at (No. ~) Indian Neck ~R~a~d, Peconic, ~.New York, hereinafter referred to as the "Declarant". ~t~V~/ WHEREAS, the Declarant is the owner of certain real ~ ~.~-/j~?J~ property situate in the Hamlet of Peconic, Town of Southold, County ~j of Suffolk and State of New York which said real property is shown on a certain minor subdivision plan prepared by VanTuyl & Son, DIST. licensed land surveyors, dated~3~~, which said premises 1000 are more fully described on annexed Schedule A; and SEC. 086. WHEREAS, the Declarant has made application to the Planning Board of the Town of Southold for approval to subdivide said real property into two lots as shown on the above referred BLK. plan; and WHEREAS, for and in consideration of said granting of LOT ~26 .~ approval, the Planning Board of the Town of Southold has deemed it to be in the best interest of the Town of Southold and the owner and prospective owners of said lots that the within covenant and restriction be imposed on said lots 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 and determined that the same will be considered the foregoing for the best interests of the Declarant and subsequent owners of said lots, 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 premises as shown on the aforesaid minor subdivision plan shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. That at no time hereafter shall there be any further subdivision of or modification to the said two (2) lots approved by the Planning Board of the Town of Southold unless authorized by the Planning Board of the Town of Southold. 2. The within Declaration may not be annulled, waived, changed or modified unless and until approved by resolution of the Planning Board of the Town of Southold or its successors. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. LOUISE O. DAY ~ STATE OF NEW YORK) )SS: couNTY oF NEW On the ~v ay of ~, 1986, before me personally came LOUISE O. DAY, to be known to be the individual described in and who executed the foregoing inset, and acknowledged that she executed the same. ~ ~ ~. 24-~91478 10023 SCHEDULE A ALL that certain plot, piece or parcel of. land, with the buildings and improvements thereon erected, situtate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Beginning at the intersection of the northerly line of Indian Neck Road with the Southeasterly line of Parkers Landing; from said point of beginning running along said southeasterly line of Parkers Landing, N. 52° 10' E. - 230 feet, more or less to ordinary high water mark of Richmond Creek; thence easterly along said high water mark 1095 feet, more or less, to land of Havens Emerson Estate; thence along said land of Emerson Estate, two courses: (1) S. 85° 33' 20" E. - 353 feet, more or less, to a monument; thence (2) S. 0° 16' 20" E. - 380 feet, more or less, to ordinary high water mark of Indian Neck Bay; thence southwesterly along said high water mark 600 feet, more or less, to the northeasterly line of Indian Neck Road; thence along said northeasterly line, two courses: (1) N. 42° 06' 20" W. - 360 feet , more or less; thence (2) N. 26° 28' 50" W. - 302.13 feet; thence along said northerly line of Indian Neck Road, three courses: (1) S. 89~ 31' 30" W. - 274.10 feet; thence (2) N. 73~ 37' W. - 342.79 feet; thence (3) S. 89° 18' 10" W. - 209.91 feet to the point of beginning. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Ms. Jody Adams P.O. Box 839 : Greenport, New York l'1944 July 26, 1990 SCO'FF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Dear Ms. Adams: This is to acknowledge receipt of your letter of July 7th, 1990, in which you state your concerns about the Day property. I understand that the Board's staff has already given you a copy of the Planning Board's minutes and decision on the Day Setoff. With regard to your offer to sell your property to the Town for the purpose of extending the public beach, I am aware that you may have already approached the Open Space Committee about this matter. That Committee and the Town Board, both, are the proper forum for this request. The Planning Board has no jurisdiction over the purchase of public lands. Accordingly, your letter is being transferred to the Town Board and the Open Space Committee for their consideration. I trust this letter answers your questions. Thank you for your consideration. Very Truly Yours, Bennett Orlowski, Jr. Chairman VS/vs cc: Scott Louis Harris, Supervisor Art Ross, Chairman, Open Space Committee Harvey Arnoff, Town Attorney Southold Town Planning Board July 7, 1990 cc: Town Board I am writing in re~z~i to an approval for a set ap~rt for Louise 0. Day on ~di~ N~k L~e (1000-86-6-26) with map f~ app~v~ ~p~=~tly berg 9/14/87. A v~tety of problems h~ve ~isen whether with your f~g ~d secret~i~ system or yo~ Bo~'s p~c~u~s I ~ not sure. A v~ lo~ time ~o h~ering st~t~ on the B~ on this ~operty - now set ~ide ~ lab~ 'g~e ap~ent'. ~e d~s h~ no b~lding pe~it ~d app~ently no zoni~ right no bund a g~e ~p~ent or to rent one. ~ey did bo~. ~e police were c~l~ const~tly. Mr. ~scher, then he~ of the Buildi~ Dep~ment ~fus~ ~ do ~ything. ~ 19~ Mr. L~k w~ hi~d to look in~ thugs ~d some ~tion w~ fil~ in ~ Justice Co~. Ap~ic~tion w~ m~e ~ you ~d yo~ records w~ indicate some of ~e ~ow~g. ~ing this entire t~e '~r~e the (mpp~y) ~l~ ~pr~ent continu~ to be us~ wi~out Town ~teference. ~om t~e ~ t~e I look~ for information fr~ the ~ wi~ no s~cess. Yo~ o~ present ~sist~t to~m ~tto~ey went to Tohill for reco~s, cl~i~ thmt ~e ~ ~p~ent co~d n~t locate th~ (they co~d). Your reco~s do not cont~n ~ reco~ of leg~ notice ~d it w~ not cle~ to the secret~ if ~ere w~ ~ necess~ reco~ of ~i~ of coven~ts before ~op~v~. ~e ~sessors h~ no notice of your ~pp~v~. If the coven~ts were fil~ pres~oly so w~ the de~ so why weren't the ~sesso~ infoz~ed? ~e o~er is a~t ~ J~es Day foyer town offici~ ~d ~ctive politic~y. I believe ~mt ~l ~pects of these thi~s ho~d be look~ in~ ~th to see ~.~h~t h~ppen~ ~d in lo~u te~ pl~3ning thinking;. ~e d~s ~d I ~join a fifty foot right of w~ mt the ~d of Indi~ Neck L~e, ~ ~em which c~uses ~ house ~d me ~ g~eat m~ p~s. I h~ve written the enclosed letter ~ the D~s ~d their atto~ey, In s~dition ~ reviewi~ this ~pplicmtion I wo~d like to discuss with yo~ Bo~ my susgestion of se~lh~&: my property ~ the Town to extend the public beth ~d/or other ~ssible ch~es to m~e the use of my property pr~tic~. ~e~e get in ~uch with ~e and let me ~ow ~ tLme when these thin.us co~d be review~ ~d discussed. PO Box 839 Creenport I~Y 119~4 516 ~r you~ amUsement I enclose inforsation the Judge hondlim~ 'oure e~tmte and a la~yer w~on~y appointed to look out for my interests. Lambert, Sallen and ea~llier Baokall I as truly blessed. ~Uly ?, 1990 o. o rt) .. co, Anthony ohil! Dea~ Louissl ' ! have tried to follow the .plans for your Indian' Neck p~operty with little sucoens. ! 'have Just been dealin~ with the planuing boazd and others in relatioa to a set- off and related matters. ~hLle the prsoedurso t~ken by you and ~. T~ohill ma~ have bee~ poper the l~Nn doan not eeea to either have the reco~cl8 or the ability to find the~. ~he~ have been unable to lsoate m legal notice and are now tryin~ to find out if one was needed. ~hers ia no proof the covenant havi~ been filed (supposed to prenede asy ~ aplr~vsl) - and so on. - Aa you know there in an intezantion between our %rs prspertien enpeolally as relates to noise and to a lesser degreee use, For instance, the painter who recently painted your hone pla~ed a sterso very loudly despite my repeated proleate. On a very hot ds~ 'when my very old oat Seen was fighting for bib life, the noise from that stereo killed h~ with mush moro pain then he would p~bably have had otherwise. l~OIBe f~o~ the ~oed, whether friends of your house or strsr~ers ia also disturbing - especially when it is relevant on a longer'basis. For all of these reasons I hope that some sort of dial~.ue san take place in reasmd to the property, the end of the reed asd related matters. It is possible that ~our' p~operty also ~ ohs~e hands or enter a different use phase and it might be useful to t~y and consider mutual problems ~ resolve the~ ss beat as pos~ibl e. iU.SPr obing City S urr ogat e Judge , UnderC i""ty Sur ., -I nve s tigati Judge ' .. ' By Leonard Levitt over the years been ta steady source of patronage and The Judical Conduct investigation ended in 198~, COURT from Page 17 New York -- Federal prosecutors have subpoenaed the financial records of attorneys awarded millions of dollars in Surrogate Court appointments by Judge Marie Lambert, part ora ycar-lang probe into possible criminal conduct by the Manhattan judge. According to sourcos dose to the investigation, the probe includes an allega- tion that Lambert may have received kickbacks from attorneys in ex- change for awarding them millions of dollars in court guardianships and other a~ignments. Three separate sources told Newsday that federal prosecutors have subpoe- naed the bank records of a small group of attorneys who, since the early 1980s, have received hundreds of appointments by Lambert worth millions of dollars. Documents related to F~yeen~q/N.¥.L~wJourr~l the probe and obtained by Marie Lambert Newsday show that bert awarded appointments worth almost half a mil- lion dollars to an attorney who had in the past been suspended from practicing law because he stole mon- ey from a client and forged the client's signature. These kinds of appointments -- to the guardian- ship of infants and incompetents, the management of estates, and the control of the assets of other~ -- have cronyism in the Surrogate system. They have resulted in the recent resignation of at least one Surrogate judge. ~nvsstigaWrs involved in the Lambert probe also are delving into allegations of cnse £~An g, sources say. The subpoenaing of bank records is part of an effort to determine whether some of the fees she awarded may have been kicked back, sources said.' Prosecutors also are examining why many of these lawyers failed to report the guardianships Lambert awarded them to state court administraWrs, an ap- parent violation of a disclosure rule Chief Judge Sol Wachtler put in place in 1986 to prevent ethics viola- tions and patronage abuses. Lawyers who violate the rule could lose their licenses. A spokeswomah for Otto Obermaler, the U.S. attor- ney for the Southern District, said that the office could not comment on the investigation. And Lambert, who is retiring this year because she has reached the mandatory retirement age of 70, did not return several telephone calls placed to her office during the past seven days. A reporter who visited her Surrogate Court office at 31 Chambers St. was turned away. Her law secretary, Linda Sosnowitz, presented with the allegations in an effort to obtain a comment, would only say, "The judge is unaware of any of this." Lambect's attorney in past investigations, James La Rnssa, said he, too, was unaware of the federal investigation. La Rossa, who represented Lambert before the state Commission on Judicial Conduct during remov- al proceedings for alleged campaign violations in her 1977 election, said that a recent meeting with the judge was about another matter. when Lambert was issued a private "letter of cau- tion,'' according to judiciai sources. Federal sources say the Lambert investigation un- derscores the ineffectiveness of the state's oversight of the judicial system, which permits attorneys and judges to regularly ignore Wachtier's disclosure and ethics rules. According to these rules, no person can r~ceive more than one appointment within a 12-month peri- od for which the anticipated compensation exceeds $5,000, except when the appeinting judge determines that unusual circumstances warrant it. Sources close to the investigation say that Lambert may have violated those rules in awarding fees to fa- vored attorneys. Under the rules, Lambert is required to explain in writing the justification for such an award. Newsday last week attempted to obtain the court files on three such cases, but officials said the files could not be located. One attorney to Whom Lambert has reported awarding alnmst half a million dollars in guardian- ship fees is Vincent Catalfo, whom sources described es a frequent social companion of Lambert. Documents on file in the Appellate Division &State Supreme Court show that Catalfo was suspended from 1972 to 1975 for forging a client's endorsement on a settlement check, then converting the proceeds to his own use. According to documents Lambert filed with the Of- fice of Court Administration, Lambert either desig- nated or awarded Catalfo 67 guardianships between. Please see COURT on Page 33 ; 1982 and 1989, totaling $486,000. Yet Court Administration spokesman Harold Wolfe said that Catalfo, who did not return a re- porter's telephone calls, had reported only one pointmeat in that time. This failure to meet disclosure requirements ~- pears common among attorneys to whom awarded large and numerous fees, a check of court records shows. Attorney Ronald Stringer, who reeevied 40 ~ pointments totaling more than ~00,000 1986, reported none of them to SCA, Wolfe ~id. Stringer said he could not talk about his I~l~ of filing because of pending litigation that he dined to specify. George Parker, to whom Lambert reportod awarding 15 guardianships totaling $163,000 since 1983, reported no appointments to him by lam. bert, although he did repor~ four appointments by others judges. Parker did not return .telephone calls. Stuart Salles, to whom Lambert reported award- lng 31 appointments totaling $220,000, reported only five appointments, according to Wolfe. Sallas did not return telephone calls. Mayrese Friedman, who received 49 guardian- ships totaling $126,000, did not report any of them according to Wolfe. "I have been disabled,''~ Frisd.map said. "I j,u, st got out of the hospital. hays to lookinteit~~ shesald:~- ~,~ ~ · I': ~,~ l£ambert Defending Herself Against Criticism Over Fees Continued From Pa~e BI nowitz said: "This is a malicious at. tempt to smear her. She's a wonderful judge. To do this is unfair." In a unanimous decision yesterday, the Appellate Division of State preme Court in Manhattan said Surro- gate Lambert's award of $150,000 to said he did not believe the fees were ex- ceseive. Mr. Strlnser, In a telephone inter- view, acknowledged receiving fees in cases in Surrogate Lambert's court but said he provided extensive legal work for the payments. Asked whether he had improperly benefited from his friendship with the surrogate, Mr. Stringer said, "Firstly, I each of two la~e~, V~t J. ~lfo am a f~cod of he~ ~d, ~dly, I do waste of estate a~ts," ~d "~e ~- gate's ap~intments of ~e la.rs ~urt said, ever draft~ a single legal d~ument for me ~ir ~ey were su~ applications. ~e ap~als court did not ~e case d~id~ yesterday involv~ urts involves ~arges ~at ~e will ~f ~m~rtus Ryk Pieter ~m~rt may have favor 1984, leaving his estate to h~ ~ond marriage, ~e appeals court also critici~ the large f~s apprnv~ by Sur~gate Lam- ~rt for ~e executor of the estate, Har- o-;n;on~....~.fin~a fe w~ldhavetorecomputehisf~s, idto I yers ~e surrogate ap~lnt~ Mr. Ca. Ilo and Mr. Stinger to rep~nt one of and guardians. ' ~at case, which has pr have ~eiv~ h~d~s of ~ousands Sub.gate ~m~ by of dollare in f~s ~ppmved by Sur~ diselose what he ~ld ~ gate Lam~ in ~ent years. ~r~nal friendship" wit E~us.' Sbe ~id tha~ she 7'HE NI~W YORK TIMICS METROPOUTAN ~mDA% IUNI~ 2P, l~O: Details of the Federal criminal in- vestigation, which was reported in Newsday yesterday, are sketchy, and it could not be determined whether cases involving Mr. Stringer or Mr. Catalfo are part of that inquiry. Otto G. Ober- meier, the United States Attorney for the Southern District of New York, said he would not comment on whether there was a criminal i~ve, stigation, The second civil case pending before the courts involves charges that Surro- gate Lambert may have favored Mr. opinion finds fees paid to lawyers ' Stringer and other lawyers with whom That ease, which has provoked angry outbursts by Surrogate Lambert in her courtroom in lower Manhattan, is a $40 million suit that involves charges that a New York real-estate lawyer, David T, Goldstick, mishandled the large es- tate of his uncle, Martin Tannabaum. Last summer. Mr. Goldstick's law- yer Philip Pierce seemed to infuriate Surrogate Lambert by asking her to disclose what he said was her "close personal friendship" with lawyers for other relatives of Mr. Tannabaum who had filed the suit ~gainst Mr. Goldstick. The sdrrogate said Mr. Pierce's im- plication of'impropriety was "outra- goous.' She said that she had disclosed her personal relationships and that she was also a personal friend of another of Three lawyers in succession handled the case for the Tannabaum relatives. The first was Lorraine Backal, who is now a Civil Court judge, who says she is a close friend of Surrogate Lambert, The next was Stuart Salles, a lawyer who has received tens of thousands of dollars in fees approved by Surrogate Lambert. The final lawyer for the rela- tives was Mr. Stringer, the former Beame aide, who is named in both civil suits challenging Surrogate lambert's actions. All three lawyers denied yesteray that there was any impropriety in their relationships with Surrogate Lambert. Mr. Pierce argued that the surrogate had not disclosed the relationships and he asked her to disqualify herself from the case. When she refused, he ap- pealed to the Appellate Division, which refused to intervene in the case earlier this month. , Mr. Pierce said yesterday that he~ has filed an appeal to the state's h gh~: est court, the Court of Appeals. Page 7 5/6/~ Mr. Anthony Tohill, attorney, was present to discuss the set- off of Louise O. Day located at Indian Neck Lane, Pec~nic. This proposal is for a set-off of 5.8 acres from 13.7 acres. Mr. Tohill explained the nature of this application was to separate the existing house from the existing garage apartment. Mr Tohill stated that the approval of this set-off would make this property conforming since the apartment has been occupied as a residence. Mr. Tohill stated that he would be willing to covenants against any further subdivison. Mr. Ward recommended moving the lot line proposes slightly North to provide more upland for Lot No. 2. It was the consensus of the Board to request this. Mr. Tohill indicated he would be agreeable to this. It was the consensus of the Board to make a field inspection prior to any action. The Board also requested six surveys amended as per their recommendation. The 8:30 p.m. appointment with Janet Geassa.for Joseph Crenshaw had been cancelled by the attorney. The Cove at Southold- This application for 33 condominiums has received certification from the Building Department. The Board reviewed the correspondence from the Suffolk County Planning Commission approving with conditions. It was noted that there were no approvals received from the Health Department. It was the consensus of the Board to held any action on this proposal until approvals had been obtained from the Health Department for the water and sewer. Peconic Homes- The Board reviewed this proposal for 4 lots on 45 acres at Sound Avenue, Laurel. It was noted that some of the lots are very steep, and the Board indicated there concern to create buildable lots. It was the consensus of the Board to make a field inspection prior to any further action. It was also noted that there was a letter of objection from an adjoining lot owner who uses the current right-of-way and questions Mr. Horton's authority to change this. (Mr. Horton is the developer) The letter was from Mr. Daniel Jacob~ who was present. He expressed his objections to the Board stating that the new right-of-way proposed goes through a deep ravine making it impossible to get to his house from the road, and it is 200' from the house. Mr. Jacoby stated that he did not object to the right-of-way, however, as long as the developer provided a way to get to his house. It was the consensus of the Board to request that Mr. Jacoby and Mr. Horton schedule a meeting to resolve the right-of-way question. The Board will conduct a field inspection prior to any action. D Southold, N.Y. 11971 (516) 765-1938 The Southold Town Planning Board had a regular meeting at May 6, 1985 at 7:30 p.m. a% the Southold Town Hall, Main Road, Southold. Present were: Chairman Bennett Orlowski, Jr. Member William F. Mullen, Jr. Member G. Ritchie Latham, Jr. Member Richard Ward Member Kenneth Edwards Executive Administrator Victor Lessard Town Planner David Emilita 7:30 p.m. Public hearing on the question of approval of the major subdivision of Blue Horizons located at Peconic, 7 lots on 55.7 acres. Mr. Orlowski: I will dispense with the reading of the metes and bounds, if there is any problem with that, with anyone, please let me know. I have proof of publication in the suffolk Times, signed by Anna Lekkas and .motorized by Margaret Young, and proof of publication in the Long Island Tra~ler Watch~an signed by Pat Wcod and notorized by Barbara Forbes. We have the filing fee, correspondence from Health Services, correspondence from the Department of Planning,. Everything else is in order. At this time, I will ask if there are any objections to this subdivision? Hearing none. Are there any endorsements to the subdivision? Hearing none. Anyone out there neither pro nor con, but with some information pertaining~to this subdivision that may be of information to this Board? Hearing none. Any questions from the Board? Mr. Mullen, (none); Mr. Latham, (none); Mr. Ward, (none); Mr. Edwards, (none). Being no further questions, I will declare this hearing closed and thank you for coming down. On a motion made by Mr. Edwards, seconded by Mr. Mulle~ it was RESOLVED that the Southold Town Planning Board approve the minutes of the regular meeting of January 21, 1985. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Ward, Edwards Planning Board Page 6 5/5/86 Louise O. Day - The Board reviewed the file for this propsoed set-off located at Indian Neck Lane, Peconic. Article Six from the Suffolk County Department of health Services would not be required since the lots proposed are greater than 5 acres. On a motion made by Mr. Latham, seconded by Mr. Mullen, it was RESOLVED that the Southold Town Planning Board approve the set-off for Louise O. Day located at Indian Neck Lane, Peconic to set off 5.r4 acres from 13.7 acres, survey dated as amended July 23, 1985, subject to: 1. Amending the filed covenants and restrictions to read that 'at no time hereafter shall there by any further subdivision of or modification to the said two (2)lots approved by the Planning Board of the Town of Southold in perpetuity. Upon receipt of the above amended covenants the Chairman will endorse the surveys to finalize this proposal. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards On a motion made by Mr. Mullen, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board declare itself lead agency under the State Environmental Quality Review Act ~or the subdivisio to be known as "Breezey Shores" located at Sage Blvd., Greenport for 23 lots on 83 acres. Vote of the Board: Ayes: Orlowski, Mullen, Latham, Edwards mr. Garrett Strang was present to discuss the site plan of Sterling Idea Ventures located at Main Road, Mattituck for construction of a professional office/retail complex. The Chairman requested that a landscape plan be submitted for this proposal. Mr. Strang stated that he did not recall this as being one of the items requested in the Board's initial request for information, however, the Chairman stated that it was requested at a previous meeting. Mr. Strang stated that the landscaped areas are shown on the plan, but there is no specific landscape plan at this time. Mr. Strang also noted that the agenda refers to professional offices only but the developer would like to have the option to mix offices with retail since both area permitted in this B1 zone. Mr. Orlowski Stated that the waiver under the moratorium was to allow offices only, however, the moratorium is no longer in place and therefore the Board can consider all the uses permitted under the xlstlng zone. Mr. Strang stated that his client Would probably proceed to rent the units as offices, however, if this does not prove to be favorable to the client, he would like to exercise his option to have retail stores. Mr. Strang Southold, N.Y. 11971 (516) 765-1938 PLANNING BOARD MINUTES The Southold Town Planning Board held a regular meeting at Monday, May 5, 1986 at the Southold Town Hall, Main Road, Southold at 7:30 p.m. Present were: Chairman Bennett Orlowski, Jr. Member William F. Mullen, Jr. Member G. Ritchie Latham, Jr. Member Kenneth Edwards Absent Richard G. Ward Planner James Bryer Executive Administrator Victor Lessard Planning Board Secretary Diane M. Schultze 7:30 p.m. Public hearing on the question of approval of the minor subdivision of N. Charles DeLuca located at Southold for 4 lots on 10 acres. Mr. Orlowski: First order of business is a public hearing on the question of approval of the minor subdivision of N. Charles DeLuca located at Main Road, Southold. This is four lots on 10 acres. We have proof of publication in the Long Island Travler Watchman signed by Pat Wood and notorized by Barbara Forbes, we also have proof of publication in the Suffolk Times signed by Heather Cusack and notorized by Mary Deegnan. I will dispense with the reading of the metes and bounds, if anyone out there has a problem with that , please let me know. At this time .everything in the file is in order. I will ask if there is anyone Out there with objections to this minor subdivision? Roger Roth: Mr. Chairman, members of the Board, Miss Schultze, I am a resident of Beixedon I own a home on Hippodrome Pond, which is concerned with this subdivision. I have lived here now Over 13 years, my family at least 37 before me. We have noticed problems in the area of this so called subdivision which is mainly a drainage problem. The north Side of Main Road is quite a bit higher elevation wise than the lower side so that when we get these terrential rains, 2" 3" of rain in a matter of hours or so, that APR 2 5 1986 April 24, 1986 Ms. Diane M. Schultze, Secretary Planning Board, Town of Southold Main Road Southold, NY 11971 RE: Louise O. Day Set-Off at Peconic Dear Diane: My office has recorded the enclosed Declaration on the captioned matter in the Suffolk County Clerk's Office today. We have marked the record and return on the back of the Declaration with your name and address at the Southold Planning Board so that you will receive the Declaration directly from recording. Very truly yours, Anthony B. Tohill ABT:pk Enc. 1000 SEC. 086 MLK. 6 LOT 26 DECLARATION Y THIS DECLARATION, made the~'P~day of M'~ 1~86, by LOUISE O. DAY, residing at (No. ~) Indian Neck ~oad, Peconic, New York, hereinafter referred to as the "Declarant". WITNESSETH: WHEREAS, the Declarant is the owner of certain real property situate in the Hamlet of Peconic, Town of Southold, County of Suffolk and State of New York which said real property is shown on a certain minor subdivision plan prepared by VanTuyl & Son, licensed land surveyors, dated~~,~ '-% ~ which said premises are more fully described on annexed Schedule A; and WHEREAS, the Declarant has made application to the Planning Board of the Town of Southold for approval to subdivide said real property into two lots as shown on the above referred plan; and WHEREAS, for and in consideration of said granting of approval, the Planning Board of the Town of Southold has deemed it to be in the best interest of the Town of Southold and the owner and prospective owners of said lots that the within'covenant and restriction be imposed on said lots 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 WHERE,.S, the Declarant has considered the foregoing and determined that the same will be for the best interests of the Declarant and subsequent owners of said lots, 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 premises as shown on the aforesaid minor subdivision plan shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. That at no time hereafter shall there be any further subdivision of or modification to the said two (2) lots approved by the Planning Board of the Town of Southold unless authorized by the Planning Board of the Town of Southold. 2. The within Declaration may not be annulled, waived, changed or modified unless and until approved by resolution of the Planning Board of the Town of Southold or its successors. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. LOUISE O. DAY 5 STATE OF NEW YORK) )ss: COUNTY OF NEW YORK) On the ay of Me~e4%, 1986, before me personally came LOUISE O. DAY, to be known to be the individual described in and who executed the foregoing instant, and acknowledged that she executed the same. VIG'TOR ~emmllllae E,,~i~'ee M,~-e~ 30, 19,..~' SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situtate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: Beginning at the intersection of the northerly line of Indian Neck Road with the Southeasterly line of Parkers Landing; irom said point of beginning running along said southeasterly line of Parkers Landing, N. 52° 10' E. - 230 feet, more or less to ordinary high water mark of Richmond Creek; thence easterly along said high water mark 1095 feet, more or less, to land of Havens Emerson Estate; thence along said land of Emerson Estate, two courses: (1) S. 85° 33' 20" E. - 353 feet, more or less, to a monument; thence (2) S. 0° 16' 20" E. - 380 feet, more or less, to ordinary high water mark of Indian Neck Bay; thence southwesterly along said high water mark 600 feet, more or less, to the northeasterly line of Indian Neck Road; thence along said northeasterly line, two courses: (1) N. 42° 06' 20" W. - 360 feet , more or less; thence (2) N. 26° 28' 50" W. 302.13 feet; thence along said northerly line of Indian Neck Road, three courses: (1) S. 89~ 31' 30" W. 274.10 feet; thence (2) N. 73° 37' W. - 342.79 feet; thence (3) S. 89~ 18' 10" W. 209.91 feet to the point of beginning. Southold, N.Y. 11971 (616) 765-1938 February 9, 1987 Mr. Anthony B. Tohill Attorney at Law 12 First Street P.O. Box 1330 Riverhead, NY 11901 Re: LouiseO. Day Dear Mr. Tohill: The Planning Board has reviewed your correspondence of November 19, 1986 with regard to the covenants and restrictions on the above mentioned set-off. The Planning Board will consider a resolution to amend the prior conditional resolution with regard to covenants against further subdivision in perpetuity. If this resolution is passed, the Chairman will endorse the surveys and we will forward one to you. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary T ~ . LD 8outhold, N.Y. 11971 (516) 765-1938 May 6, 1986 Mr. Anthony Tohill Attorney at Law P.O. Box 744 Riverhead, NY 11901 Re: Louise O. Day set-off at Peconic Dear Mr. To_hill: The following action was taken by the Southold Town Planning Board, Monday, May 5, 1986. RESOLVED that the Southold Town Planning Board approve the set-off for Louise O. Day located at Indian Neck Lane, Peconic to set-off 5.4 acres from 13.7 acres, survey dated as amended July 23, 1985 subject to : 1. Amending the filed covenants and restrictions to read that at no time hereafter shall there be any further subdvision of or modification to the said two (2) lots approved by the Planning Board of the Town of Southold in perpetuity. -- Upon receipt of the above amended covenants and notice that they have been filed with the office of the County Clerk, the Chairman will endorse the survey. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M.Schultze, Secretary January 21, 1987 JI N 1987 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Dear Mr. Orlowski: I wrote to you on November 19, 1986, and I enclose a copy of my then letter with my then comments. I have not received a response and I would be grateful if I could receive a response. Very truly yours, ANTHONY B. TOHILL ABT:ts Enclosure ANTHONY II. TOHILL, P. November 19, 1986 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, NY 11971 Re: Louise O. Day Dear Mr. Orlowski: Pleas~ find a letter attached dated May 6, 1986 with respect to the Louise O. Day set-off at Peconic. Prior to receipt of the letter, the covenants were recorded and mailed from the Suffolk County Clerk's Office on April 24, 1986 to Diane M. Schultze as secretary to the Planning Board. The covenants as recorded and as preserved in recorded form in your office provide that the covenants "shall run with the land and shall be binding upon all purchasers of said premises, their heirs, executors, legal representatives, distributees, successors and assigns." The covenants also provide that they "may not be annulled, waived, changed or modified" except with Planning Board approval. There is no other language I can imagine that will establish a continuing impact. In your letter, you ask that the covenants be amended to show that they are in perpetuity. The language that I have mentioned establishes that as a matter of law. Would you please under the circumstances forward a copy of the signed survey back to me since we have not received same from you. If there is any problem with this, please be in touch with the undersigned immediately. Very truly yours, ABT/bb Enclosure Anthony B. Tohill ANTHONY B. TOHIZL, P. (~. November 19, 1986 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, NY 11971 Re: Louise O. Day Dear Mr. Orlowski: Please find a letter attached dated May 6, 1986 with respect to the Louise O. Day set-off at Peconic. Prior to receipt of the letter, the covenants were recorded and mailed from the Suffolk County Clerk's Office on April 24, 1986 to Diane M. Schultze as secretary to the Planning Board. The covenants as recorded and as preserved in recorded form in your office provide that the covenants "shall run with the land and shall be binding upon all purchasers of said premises, their heirs, executors, legal representatives, distributees, successors and assigns." The covenants also provide that they "may not be annulled, waived, changed or modified" except with Planning Board approval. There is no other language I can imagine that will establish a continuing impact. In your letter, you ask that the covenants be amended to show that they are in perpetuity. The language that I have mentioned establishes that as a matter of law. Would you please under the circumstances forward a copy of the signed survey back to me since we have not received same from you. If there is any problem with this, please be in touch with the undersigned immediately. Very truly yours, Anthony B. Tohill ABT/bb Enclosure D LD Y Southold, N.Y. 11971 (516) 765-1938 May 6, 1986 Mr. Anthony Tohill Attorney at Law P.O. Box 744 Riverhead, NY 11901 Re: Louise 0.~ Day set-off at Peconic Dear Mr. Tohill: The following action was taken by the Southold Town Planning Board, Monday, May 5, 1986. RESOLVED that the Southold Town Planning Board approve the set-off for Louise O. Day located at Indian Neck Lane, Peconic to set-off 5.4 acres from 13.7 acres, survey dated as amended July 23, 1985 subject to : 1. Amending the filed covenants and restrictions to read that at no time hereafter shall there be any further subdvision of or modification to the said two (2) lots approved by the Planning Board of the Town'of Southold in perpetuity. -- Upon receipt of the above amended covenants they have been filed with the office of the the Chairman will endorse the survey. and notice that County Clerk, If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN $OUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary August 1, 1985 Ms. Diane M. Schultze, Secretary Planning Board, Town of Southold Main Road Southold, NY 11971 Re: Louise O. Day Set-Off at Peconic Dear Diane: This matter was last on the Planning Board calendar on May 6, 1985, at which time I was to obtain revised surveys showing different lot lines on the proposed subdivision. In today's mail I have received from Roderick Van Tuyl the enclosed six copies of a revised minor subdivision plat. Could you notify me when the Board has an opportunity to rediary this matter for a continuation of the prior hearing. Thank you for your courtesy. Very truly yours, Anthony B. Tohill ABT/bb Enclosures ~~~. D~ T Y Southold, N.Y. 11971 (516) 765-1938 May 7, 1985 Mr. Anthony Tohill Attorney at Law P.O. Box 744 Rlverhead, NY 11901 Re: Louise O. Day set-off at Peconic Dear Mr. Tohill: Please let this confirm the discussion at the Planning Board meeting, Monday,May 6, 1985. It was the consensus of the Board to make a field inspection of the property of Louise O. Day prior to any action. The Board also requests covenants and restrictions as to no further subdivision in perpuity, and new surveys with the proposed lot line moved slightly North as per the sketch of the Planning Board. This is to provide more upland for Lot No. 2. When the survey is amended, would you please forward six (6) copies to the Planning Board. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary February 26, 1985 Ms. Diane M. Schultze Clerk to the Planning Board Town of Southold Main Road Southold, New York 11971 Re: Application for Minor Subdivision Premises of Louise O. Day at Indian Neckt Peconic Dear Ms. Schultze: Please find enclosed the following: 1. Six (6) copies of survey of Van Tuyl of subject premises depicting two (2) lot set-off, 5-foot contours, scale of one inch equalling 100 feet, key map, name of owner and adjoining premises, and County tax map numbers; 2. My check payable to the Town of Southold Planning Board in the sum of $50.00; 3. My letter regarding drainage, grading and road construction; 4. Short-form Environmental Assessment letter fully executed; and 5. Legal description of premises. Would you kindly cause this matter to be marked on your agenda, and would you kindly by the enclosed pre-addressed post card let me know when I should appear. I expect that from time to time either Richard Lark, Esq. or Curtis W. Horton or Vic Lessard may make inquiry con- cerning this application, and by this letter I authorize their complete access at all times to all information and all documents relating to this file. ABT:sm EnCSo ~ CC: Richard F. Lark, Esq. Mr. Curtis W. Horton Mr. Victor Lessard Mr. Robert Day Very truly yours, ANTHONY B. TOHILL I,q S T~?.JCT ~ (e) in ordc:~ t.o onswor ~ho quos~ions ~n ~h~s sho~ EAF 3. t ~s lhol ihe preparer w~ usc..current17 available ~nFormoi~on concerning projec[ nnd thu likely impocls of ~he action. I~ is no[ expected tho% additional s~udie.n, rc~;corch or oiher investiDotions v/ill be undertaken. (b) IF any quer.~ion has been answered Yes {he project may be siDnificam% end 0 complo[ed ~nvlronm9n%ol Assessmen~ Form is necessary. (c) If all quos[ions hove been onsv/ered ~.4o i~ is likely %ho% ~his projcc~ 15 ~o[ slgnifico~i. , (d) Environmtn~al t~ssessraan~ '' ' ~. %'i~i projec'L resui~in o large physlcol change '' [oihe projec[ site or physically alter more tb(u) 10 acres oF lsnc)? ........................ Yes x No 2. %'/ill there be o major change {o on7 unique or -uhusuol land form found on ~he si%~? ....... Yes x 3. ¥1ill projcc~ alter or hove a large e~cc% ~ ' . existing body of wo~er? Ygs X 4. ¥;ill projec~ hove o potentiollM loroc impact . grounc]v~ater quolity~ Yes X'No 5. YJill pro joel significanily off'ecl drainage flo~ om odjocen% site~? Yes x 6. ¥;ill pro joel effect om)' threatened or cndanoercd pleat or animal species? .......... Yes. X 7. ¥;ill proje~i rcsul% in o major ~dverse effedt:- ~ '. .' om air quslit),?: ' ' : Yes X 8. %';ill project hove o major effect om visual '" c}]c:rocter of the co~a~unily or scenic views or vistas ~mov~m to,be imporlom~ ~o lhe community?.. 'Yes x ~. ¥~ill project adversely impact any s~e or .. slruc~ure of historic, prehistoric or poleonlo!ooicc~l importance or any ~ite d~si0moted os ~ critical environmental oreo by o local agency? ........... ........' ...... ~'.'-..~'"...--. Yes X No 10. Will proj~ct have a lnojor effect on exis~ih0 or future rccraotionm] opportunities? ......... Ye~ X 11. Will project result in .major ~rofffc problems o~% cou~e o major elf ecl to exisling ~o~ion syslem~? Yes x'-No tronspor · 12. Will pro joe{ .regularly cause objec{ionable odors, noise, glare, vibra{ion, or eleclricol disiurbamcc os o result of the project's opera[ion? ......... · ............................ Yes x No' 13. ¥~ill project J',ave an)' ~mpoct om public health ' or 5a~c-ly? Yes x No 14. Will p~oject affect tho exlstinO community by ~ directlM causing a growth in permcncnt popt, lation of more then 5 percent over o one year period or have o major negative effect on the character or the community or ne~obborhood? Yes X No 15. ]5 there public controversy concerning the project? Yes X No ~THONY B. TOHILL, P.e. REPEESEHTING LOUISE O. DAY DATE February 26, 1985 MAR 1 APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subd/vlsion plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of thc suM/vision is to be LOU'rSE O. DAY SubdJ. v±s±on 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's off/ce as follows: Liber 7676 Page ..2..~,0. ............ On July 17 1974 Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ....................... . ; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ as devised under the Last Will and Testament of ........................................ or as d/str/butee ................................................. ..................... .. $. The area of the land is ..... ~,..7 ..... acres. 6. All taxes which are l/ens on the land at the date hereof have been paid except .......... 7. The land is encumbered by .............................................................. mortgage (s) as follows: (a) Mortgage recorded in Liber ............ Page ........... - ......... in original amount of $ ................ unpaid amount $ ........... held by .......................... .......................... address ...................................................... (b) Mortgage recorded in Liber ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... (c) Mortgage recorde(~ in Liber ............ Page .................... in original amount of $ ................ unpaid am~)unt $ ................ held by ........................... .......................... address ...................................................... 8. There are no other encumbrances or41ens against the land except ........................ 9. Tbe land lies in the following zoni~ag use districts . .R..o.8..5..d.e..n.t:..fi.?..1...g, .................. I0. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- cept ................................................................................... I1. The applicant shall at his expense install all required public improvements. 12. The land~ (~1~ (does not) li,e in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ............................................................. 13. Water mains will be laid by ............................... and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ......................................... and (a) (no) charge xvill be made for installing said lines. 15. Gas mains xvill be installed by ............................................ and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shoxvn on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structnres on the land whi.ch are not located and shown on the plat. 19. Where the plat shows proposed streets ~vhich are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant xvill offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $ .......... as itemized in Schedule HE" hereto annexed and requests that the maturity of the Performance Bond be fixed at ............ years. The Performance Bond will be written by a licensed, surety company unless otherwise shown on Schedule "F". DATE .F..~.~, ,r.q .~,~,~'..2, .6.w' .... 19 8 5 (Name of Applicant) (Signature' '-''and Title) ANTHONY B. TOHILL, Attorney ..6. ~ k .~ai~. $.~.~ .~ i. R, .Q ,..~.o.x...7..4.4. (Address) Riverhead, New York 11901 STATE OF 'NEW YORK, COUNTY OF ...S.U.F..F.O..L.K. ....................... ss: On the ...2.6th ......... day of .... F.~bx~a~'~., ........ , 198~ .... before me personally came ANTHONY B. TOHILL, to me known to be the individual described in and' wh~ executed the foregoing instrument, and acknowledged that . ...h..e ........ executed the same. NOTARY PUBLIC, State of New No. 4701146 .................... Qualified in Suffolk County Commission Expires March 30, STATE OF NEW YORK, COUNTY OF .................................. ss: On the .................. day .............. of ........... 19 .......before me personally came ................................................ to me knoxvn, who being by me duly sworn did de~ pose and say that ............. resides at No ..................................................... ................................................ that .......................... is the .......... the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corpor- ation, and that ............ siffned ............ name thereto by like order. Notary Public SCHEDULE A (Description of Premises) All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and beingl~ at Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the intersection of the northerly line of Indian Neck Road with the southeasterly line of Parkers Landing; from said point of beginning running along said southeasterly line of Parkers Landing, N. 52° 10' E. 230 feet, more or less, to ordinary high water mark of Richmond Creek; thence easterly along said high water mark 1095 feet, more or less, to land of Havens Emerson Estate; thence along said land of Emerson Estate, two courses: (1) S. 85° 33' 20" East - 353 feet, more or less, to a monument; thence (2) S. 0° 16' 20" E.- 380 feet, more or less, to ordinary high water mark of Indian Neck Bay; thence southwesterly along said high water mark 600 feet, more or less, to the northeasterly line of Indian Neck Road; thence along said northeasterly line, two courses: (1) N. 42© 06' 20" W. - 360 feet, more or less; thence (2) N. 26° 28' 50" W. - 302.13 feet; thence along said northerly line of Indian Neck Road, three courses: (1) S. 89° 31' 30" W. - 274.10 feet; thence (2) N. 73° 37' W. - 342.79 feet; thence (3) S. 89° 18' 10" W. - 209.91 feet to the point of BEGINNING. Southold Town Planning Board Town Hall Southold, New York 11971 February 26, 1985 Re: Application of Louise O. Day Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, ANTHONY B.~TOH~I~LL---~