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HomeMy WebLinkAbout1000-87.-2-14MAP OF kMATEI S NUNNAKOMA ........ AT SOUTHOLD TCA,,/N OF 50UTHOLD£]'~ ,~4) OWNED AND DEVELOPED BY HEN Yd. $f"1 PECONIC ¢ N.Y. SCALE IOOFT = I IN AP. FA= 16,083 ACP._E5 WE HEREESY CERTIFyT'HAT THIS MAP WA5 MADE FROM ACllJAL 5U P-.VE.y COFIPLETED JAN, ~-'~, 196~ AND THAT rflON~J MEN f.5 HAVE 'CAN TUYL* SON LI(ENSED LAND 5L~RV L~'N~;~ N 86°19'30,,E -22 91 N,Y ST~.rE- L~CEN~. 0 KEY MEALy 59 5o E.- 9743 ~N ~C TOWN OF ~OUTHOLD WERE APPROVED oN ~E A~VE BATE, TH 15 APPROVAL 5NALL BE yAM P ONLy I F INSTALLATION OF WA~PPLY~D 5E~E FAOLITIESA~E~PL~rED WITMIN OFAPP~VAL¢ APPLI~TION ~ ~ENEWAL SHALL ~SUBM I~ED ~ THE ~FDLK~UN~ ~NDEN F I5 HEREBYGIyEH ~THE FIDINGOF ~E MAPOH WHICH ENd. EMiT ~P~ IN fH ~ OFFI~OF THE ~UNTY ~ERK IN A~O~AN~ WIf.H 5~TION II 18 OF THE PUBLIC H~LTH ~ AMD 5ECTIp~ ~ OF ARTICLE VI q~ THE ~F~LK ~UHTY ~N IXA~Y ~DE, ,~/ . ./~' AUMAN rN,80*SGlO0"~'' 8000 (~'ILL E AI.. izS.17 WAy 1~,98 5 e~D'48,3O,,N./ 5TP. EET .~ POOl~ ) IZlO'~ SUFFOLK COUNTY CLERK'S OFFICE NORMAN £. KLIPP, COUNTY CL[RK PHONE PARK 7-4700 Henry Claussen Oouthold flsnning Soard 3outhold Board of ~ssessors Owner: Her~ry ,i. Smith ;itness :ate. ?/l/t,'., !/2/6o To Whom This May Concern: The Subdivision Map of: Was Filed, ?/9/6~?!1:037.h. File Number, 5!:~6 Abstract Number, 60~8 Township, SOUtnold Book, %2 Page, 12 Map Department ED Very truly yours, County Clerk SUPREME COURT, SUFFOLK COUNTY C/O,.O~. b'i;;Cf, and .~.i..~_,ca;:,,~., ' ~'.' ...... VS. HERP-¥ J. At':orn. oy eot ?lain~iffs, 1380 l~.oanokc Ave., P.O.Box 209 Riverkca~, N.Y. 11901 ARi~ DiPIETRO, ESQ. Of Co~e! PART XiII ~iI2q. i, FII~.2H'.~%':i':IiI, ;UIfDD.~.i-'.G & YAi:ABOSKI A~to~eys fo~' Defendant 456 Gz'iffing Ave. P&verhead, 11. Y. iI~01 Of Co~:;cl ~ais is a-- action by plaineiff,~ tn enjoin he dcfendani' from selling certain lo.-'.~'~'on n filed map comnonly kno~m a;~ '}~p of Nunnakoma l{ater~ at Sou;hold''· ~Cne defendant, a builder and developer, filed a $ubdivi$ion map of real property located in the To~*~a o~ Southold designated as the '.~-~p ~f Eunnakoma Wa~er~ at Southold" with :he Clerk of .,u.~olk County ~n 8, 1960. He received ~he requtgite a~provals from thc S°uthold Pla~ming _nepart~,ent and the Su[folk County Dcpar~np~n~: of l{ealth prior to filing ~atd ~np. Thc latter approval c~ne about only aftc= ~.h~ defendant agreed !ot.~ had public water. The at:, :he im:i.~tcnce o[ the Suffolk not to ~,ell Lots 4 ,~hroug~ g u:~tii tho~e followin~j legend x:a~ pieced upon ~h.~ map Co~mty t:eal.'-h Departmcm: "The et-mcr wil] retain o?o.: re;hip of ';.ot~ fo. g, 7, 6, 5, 4 ~ntil ~ueh eimc a,~ p~!i: walcr is available !:o thc~e lots." %he defendant, appro-~ately nine yeara after h~: ~iling ~;f ehe ~p and prior ~o the c~enc~ent of this a::tion, a~plied i'.o the Depar~ent for relief fr~ ~he re~tricL'i~n mgain~ thc ga!e of Lots wa~e. qualf;:y through 8. ~e Ilea!th Depar~n~ found tha~- the exi~tin~ ~ ~ ,.o.. 4 through waa fine and r~noved ice ~estrtction on :he tale of ' ~' · ~e plaintiffs, owncre of various o~:hcr !o?, in ~atd dtviTion, ~cch to restrain deCen,Ymw from ac!ling 'et? f:. through ~ey c~tend t.~t the prohibi~.ima again~;t thc ::a~c o~ :-he lots ~po~ed by the l;oulhold Plmming Board an<~ he rc~, fiction can only be modified or removed by ::aid t"!anntnC %~e credible cvidcn"e in the record ,'lcarly e~tab!tahea t~t ~he reatrtction agatn~r: :;he :'ale of Yot~ 4 tl...ough ~ tnclu~:tve was ~po:~cd golely by the Uealth ~' 'n~'- '~ " '~e yt~rvoyor, Eoderlck Van 'lMyl~ tentiCied his office ;'.ut ".ho lcgcn¢~ on at 'he direc::ion of defendant's attorney, Lefferts Edson, and he produced the directive from the Health Department to Edson to do ~is. tie further testi- fied he received no directive from the Planning Board as to the legend, that in 1968 and earlier his firm submittec] 75% of the maps to the Southold Planning Board and never sa~.l a s~lar legend imposed by the Planning Board. Herbert' Davids from the Health Department testified that the legend idea was developed solely by the !~ealth Department in lieu of having ~he lots excised from the map, and there was no mention in his file of the Southold Planning Board requesting such a restriction. The minutes bf the Planning Board and the resolution approv- ing the subdivision are silent as to any restriction on the sale of the lots. The plaintiffs failed to meet the burden of proof that the ~esolution was 9aposed by the planning Board and also failed to prove that defendant could bring in public water and that the Health Depart- meat's acti6n was arbitrary and capricious. Thc complaint is dismissed The foregoing constitutes the decision of the Court pursuant to C.P.L.R. Sectian 4213. Submit judg~nent on notice. - 2 PELLICANE AND GILL ATTORNEYS AT LAW RICHARD PELLICAI~E THOMAS E. GILL May 4, 1978 Robert A. Villa, P.E. Chief, General Engineering Services County of Suffolk Department of Health Services County Center Riverhead, New York 11901 Re: Henry J. Smith (Subdivision Map of Nunnakoma War: Lots 4, 5, 6, 7 & 8) Dear Mr. Villa: Thank you for your letter dated May 2, 1978. It seems unusual to me that the Commissioner would refuse, under the circumstances, to issue another ruling at this time. During the trial it was established that prior rulings made by the Health Department, adverse to Henry J. Smith, had been reviewed periodically until finally a ruling was issued which culminated in the letter of October 12, 1976 favorable to Mr. Smith. Am I to infer that there is no appeal from this particular ruling? You make reference to a very weak legal position. It seems to me that the history and pattern of this entire matter puts your department in a very weak legal position and that a new determination based upon the new standards referred to in my letter to you dated April 26 should be made. You owe this to the general public, to the persons adversely affected by the letter dated October 12, 1976 and to the Planning Board of the Town of Southold. I would be interested in knowing your basis for reaching the conclusion that you would be in a "very weak legal position". Are you consulting with an attorney in the County Attorney's Office or is this an opinion given by you outside of the expertise of your field? If you have consulted a county attorney, then I hereby request ROANOKE AVENUE, R O. BOX 209, RIVERHEAD. NEw Yomg 11901 Robert A. Villa, P.E. Chief, General Engineering Services County of Suffolk Department of Health Services ~ 2 - May 4, 1978 that I be given his name, so that I may take the matter up with him directly. If it is your opinion, without aid of counsel, then I recommend that you do consult counsel. With thanks for your prompt and courteous response to my earlier letter, I remain Very truly yours, RP/ds RICHARD PELLICANE COUNTY OF SUF~LK DEPARTMENT Of HEALTH SERVICES DAVID HARRIS, M.D., M.P.H. May 2, 1978 R~.c/~u~ P~cane Attorney at P. O. Box 209 Riv~hcad, New York 11901 Re: Henry J. Smith (Subdivision Map of Nunnakoma Wat~s, Lot~ 4, 5, 6, I ~ 8) Dear Mr.. P~llicane: I have read your l~ter of Aprdl 26, 1978, regarding the above referenced subject and can o~ly r~it~ate that the ruling ~sued on September 28, 1976, d~ a Commissioner's d~ermina~on and can o~ly be changed by anoth~r~u~ng of the Commiss~ner. It is v~y un~k~yth~ any new standards, if adopt- ed, would be applied to an existing sit--on as this precede~ has been establishedinthe past on oth~ Code changes. We ~e sony we cannot comply with your request; however, to impose new stan- dards r~oa~vely would place us in a very weak legal pos~on. Very t~y yours, Robert A. Villa, P.E. Chief General Engineerin~ Services RAV: cab cc: Mr. H. W. Davids Mr. Aldo Andreoli Mr. John Wickham RICHARD PELLICANE 15101 7a7-5544- A'UTORNEY AT LAW April 26, 1978 Mr. Robert A. Villa, P.E. Suffolk County Department of Health Services Suffolk County Center Riverhead, New York 11901 Re: Henry Jo Smith (Subdivision Map of Nunnakoma Waters - lots 4, 5, 6, 7 & 8) Dear Mr. Villa: In a recent newspaper article (Hampton Chronicle-News) it was reported that the Planning Board of the Town of Southampton had elected not to specifically impose its water potability standards in connection with subdivision approval because of the fact that it had been assured by the Suffolk County Health Department that the said department's water potability standards were being reviewed and upgraded in connection with residential use. Accordingly, I write to you at this time on behalf of my clients, Carol Stack and Eleanor de Reeder, who are property owners in this above referenced subdivision. As you may recall, a prior restriction on lots 4, 5, 6, 7 & 8 on the subject subdivision was lifted as the result of a Board of Review Appeal made by the Owner, Henry J. Smith. The hearing was held on September 14, 1976. Thereafter, by letter dated October 12, 1976 you advised Mr. Smith's attorney, Pierre G. Lundberg, Esq., that the original decision had been deemed to be the determination of the cozmnissioner as filed on September 28, 1976. Because of the fact that pending litigatio~ has restrained the develop- ment of the lots in question, there has been no change in their status and no installation of residential water supply subsequent to your department's determination as referenced above. Accordingly, in view of the recently published set\of residential water potability standards as referred to in the above r~ferenced article, I respectfully request that your department review its 1976 determination allowing for a wavier of the prewously imposed restrictions on the lots in question. Very truly yours, A/paq CC: Herbert W. Davids, P.E., RICHARD PELLICANE Aldo Andreoli, John WJckham New York State Department of Environmental Conservation Environmental Analysis Unit Building 40, SUNY Stony Brook, NY 11794 January 23, 1978 Peter A. A. Berle, Commissioner Mr. John Wickham Southold Town Planning Board Southold, NY 11971 Re: Henry 3. Smith, TW 15276-0189 "A" Dear Mr. Wickham: This letter is in reply to your correspondence of January 9, 1978 in which you express concern over the hearing cancellation for home construction by Henry J. Smith. The parcel in question (lot #5 of Nunnakoma Waters) has no tidal wetland vegetation and consists mainly of dredged spoil and beach grass. There is adequate land area on the parcel to conform to our regulations as stipulated in Part 661, Land-Use Regulations, Title 6, of New York Codes, Rules and Regula- tions. Tidal wetland hearings are held for the sole purpose of elucidating environmental factors pertinent to the Tidal Wetland Act (Article 25) which may have a bearing on the issuance or denial of Tidal Wetlands Permits. Objections raised by yourself and Mr. Franklin Bear of the Nunnakoma Waters Association were not relevant and did not adequately address the various considerations the Department evaluates for tidal wetland permit issuance. If adequate, relevant objections are not raised by the public and if the New York State Department of Environmental Conservation has no objections to the project, the Chief Permit Administrator may dispense with a public hearing and issue a tidal wetlands permit or waiver thereof. Enclosed is a copy of our correspondence with Mr. Bear regarding this matter. Hopefully it will answer any further questions you may have. ~cerely yours, \ I.- ~'~ ~ ~ · ~/--~ohn B. Zeh Conservation Biologist JBZ/cr Encl. COUNTY OF SUFFOlk( DEPARTMENT OF HEALTH SERVICES David H~, M.D., M.P.H. January 11, 1978 John Wickham, Ch~an So.tholE Town Plan~ng Boa~ Town Hall So~thold, N~w York 11971 Re: Nun~koma Wat~ Dear Mr. Wrckh~m. In reply to your let~ of J~y 6, 1978, pl~e be advised that, a r~ of the on-goi~ co~ a~on, ~e f~ for ~ sugar, ion ~ not ~ ~ office ~d I can. t f~h you ~e ~ or copi~ of repo~ yo~ requited ~ ~ ~. ~ soon ~ ~¢ ~ ~ r~ned to ~, I be s~e to X~ox ~ ~e ~s you requited ~d fo~d th~ ~ you. V~y ~y yo~, c~ef Gen~ E~in~ S~vic~ ~V:~h (BI6} 727-470Q January 9, 1978 Mr. Daniel J. Larkin Local Tidelands Permit Administrator N. Y. State Dept. of Environmental Conservation Stony Brook, New York 1179~ Dear Mr. Larkin: The Planning Board was deeply disturbed by the fact that the public hearing advertised to be held on petition of the developer of "Nunnakoma Waters" was cancelled prior to the date of hearing and that the petition was granted. Your office had been n~t'ified that the property owners in this subdivision wished to be heard on this matter and we have a copy of our letter stating our interest in attending this hearing. This protest marks the first time that we have found your office unwilling to support the position of this board or to even hear it. Naturally, it raises some questions in our minds. In addition, I have a personal interest in this case which happens to be on the other side of the coin. As you know, I am the owner of thousands of feet of Peconic Bay barrier beach. The lots proposed to be restricted on the map of Nunnakoma Waters were restricted only because they were on a barrier beach formation of a most tenuous kind which had been filled a short time before its development. In cancelling the above mentioned hearing and granting the petition without hearing, your office seems to be saying that under some condi%ions,.barrier beach formations may be developed without a public hearing. It seems to me that this is an important departure from recent policies of your department. It also seems that this action of your department and your rationalization of it is of tremendous importance to me. I would deeply appreciate any further information you may be able to provide on the subject. Yours truly, JW/mb John Wi~kham, Chairman Southold Town Planning Board JOHN WICKHAM, Chairman FRANK S. COYLE HENRY E. RAYNOR, Jr. FREDERICK E. GORDON JAMES WALL Southold, N.Y. 11971 January 9, 1978 TELEPHONE 765-19~ Mr. Daniel J. Larkin Local Tidelands Permit Administrator N. Y. State Dept. of Environmental Conservation Stony Brook, New York 11794 Dear Mr. Larkin: The Planning Board was deeply disturbed by the fact that the public hearing advertised to be held on petition of the developer of "Nunnakoma Waters" was cancelled prior to the date of hearing and that the petition was granted. Your office had been notified that the property owners in this subdivision wished to be heard on this matter and we have a copy of our letter stating our interest in attending this hearing. This protest marks the first time that we have found your office unwilling to support the position of this board or to even hear it. Naturally, it raises some questions in our minds. In addition, I have a personal interest in this case which happens to be on the other side of the coin. As you know, I am the owner of thousands of feet of Peconic Bay barrier beach. The lots proposed to be restricted on the map of Nunnakoma Waters were restricted only because they were on a barrier beach formation of a most tenuous kind which had been filled a short time before its development. In cancelling the above mentioned hearing and granting the petition without hearing, your office seems to be saying that under some conditions, barrier beach formations may be developed without a public hearing. It seems to me that this is an important departure from recent policies of your department. It also seems that this action of your department and your rationalization of it is of tremendous importance to me. I would deeply appreciate any further information you may be able to provide on the subject. Yours truly, John Wickham, Chairman Southold Town Planning Board · JW'/mb January 6, 197~ Mr. Robert A. Villa, P. E., Chief General Engineering Services Suffolk County Department of Health County Center Riverhead, New York 11901 Re: Nunnakoma Wa~ers Dear Mr. Villa: In connection with our discussion yesterday and in relation to our letter to you of November 12, 1976 in this regard and your letter to the Southold Town Planning Board of November 17, 1976, we note from your letter in the second paragraph that the depths of the wells and static water levels were obtained by your inspector at the time of the field inspection and sample collection. We have never seen these figures and they have become quite pertinent at this time. We would also appreciate for our records a copy of the water analysis, statement of the pumping rate and duration and so forth. Very sincerely, JW/mb John Wickham, Chairman Southold Town'.~Planning Board in lots a-nd streets anN .u . . .a Surveb. o.r lay the l)r~i,,_,r~, ~ ~nen pre.~e,~t a prelzm~nary plan to ~,Ir~ Robert Douglass, Orient, appeared be£ore the Ul~%nn£ng Bonrd for approval to cut through roads on property Owned by hLm at Orient. Mr. Douglass laid a survey map out before the Board ~d drew in exactly where he wanted each road to~,o, x[r - to give 5~r~ Douglass addit[o,,~ --- ~ ~ ~ . ~ Carl ~nO has a~reed this ~ime. The Plann[n~ Board advised ~Ir. Douglass to presen~ a map of the property, showing the roads requested; then the Pl~nnLng Board On motion by bit. Coyle, seconded by Mr. Grebe, it was RESOLX£2D: b~/3REAS: Henry J. Smith, Peconic, has petitioned the Southold Town Planning Board for final approval of his sub- division Nurmakoma Waters, located at Bayview, Southold, and %~HEREAS: The SuperLntendent of Ilighways has approved the layout of the roads~ and the Planning Bo~%rd accepts his report, and WHEREA~ the signing of the final map is waived until such time as a perforroance bond is posted and said bond is accepted by the Southold Town Board, N~'], THE:~FORE BE IT PJ~SOLVED: that final approval be granted to the subdivision Nunnakoma Waters, located at Bayview, Southold, New York, subject to the following conditions: 1) The name Nunnakoraa Waters being ent[rel, y legal since it was changed after the legal notice of hearing appeared in the Official newspaper of the Town. ' 2) The Town Board approving the estimate for the performance bond for the completion of the roads in the subdivision. Vote of tile Board: Ayes:- biz. bloisa, Mr. Un._lbach, ~. Coyle, Mr. Grebe. On motion by blr. Grebe,seconded by Mr. Coyle, it was RESOLVED that the m/mutes of tile Southold Tolm Planning Board dated March 19, 196g, be approved as sent out. Vote of tile BOard: Ayes:- ALI. RICHARD PELLICANE ~516) 727-55Zl.4 December 12, 1977 Mr. John Wickham, Chairman Town of Southold Planning Board Southold Town Hall Main Road Southold, New York 11971 Re: Map of Nunnakoma Waters Dear Mr. Wickham: The suggested wording for the Board's resolution as per our conversation last Saturday is as follows: "RESOLVED, that this Board would not have approved the Map of Nunnakoma Waters for filing during the year 1968 without the legend affixed thereon which restricted the sale of Lots Nos. 8, 7, 6, 5 and 4 until such time as public water was made available to such lots; and, be it further RESOLVED, that this Board would not at this time approve such a filing without the same restriction, it being the Board's opinion that construction of homes and the sale of same will result in a rate of water which cannot be sustained by the sub-soil conditions at this site." Kindly telephone nly office upon receipt of this letter. Thank you for your cooperation. Very truly yours, RICHARD PELLICANE RP/ml c 1380 ROANOKE AVENUE, P. 0. BOX 209, RIVERHEAD, NEw YORll 11901 RICHARD PELLICANE {51o~ 727-5544 November 28, 1977 Mr. John Wickham, Chairman Southold Town Planning Board Southold, New York 11971 Dear Mr. Wickham: Re: Stack and de Reeder v. Smith I would like to sit down with you for about a half hour to review your possible testimony. I would also like your opinion as to whether it would be possible to have some kind of confirmatory resolution passed by the Planning Board to the effect that the map would not have been approved and would not now be approved without the restrictions as shown upon the legend on the map on the Smith subdivision. Please call me at your earliest convenience. Thank you. Very ~r61y yoqrs; ~ /:---? / RP/ds RICHARD PELLICANE 1~3~.0 ROANOKE AVENUE, P. O. Box 209, RIVERHEAD, NEw YORK 11901 RICHARD PELLICANE ~510) 727-5§44 ATTO~EY AT [AW November 28, 1977 Mr. John Wickham, Chairman Southold Town Planning Board Southold, New York 11971 Dear Mr. Wickham: Re: Stack and de Reeder v. Smith I would like to sit down with you for about a half hour to review your possible testimony. I would also like your opinion as to whether it would be possible to have some kind of confirmatory resolution passed by the Planning Board to the effect that the map would not have been approved and would not now be approved without the restrictions as shown upon the legend on the map on the Smith subdivision. Please call me at your earliest convenience. Thank you. Very~r61y yoqrs, RP/ds RICHARD PELLICANE 11380 ROANOKE AVENUE, l~. 0. ]~OX 209, [~.IVERHEAD, NEW YORK 11901 N~vember 9, 1977 Mr. Paul Stoutenburgh North'Fork Environmental Council, Box 311 Southold, New York 11971 Inc. Dear Mr. Stoutenburgh: This letter is in regard to the proposed project of Mr. Henry Smith, Jr. It is the determination of AlVah Goldsmith, chairman of the Boardof Town Trustees that the waterway in question is private property and a manmade waterway and does not come under the Jurisdiction of the town trustees. Yours truly Muriel Brush, Secretary S~uthald Town Trustees RICHARD PELLICANE ~51~) 727-5544 ATTORNEY AT LAW October 18, 1977 Mr. John Wickham, Chairman Southold Town Planning Board Southold, New York 1:1971 Re: Stack and de Reeder v. Smith Dear Mr. Wickham: Thank you for your letter dated October 17, 1977. In my opinion, the appropriate posture here should be for the Town Board to bring an action against the Building Inspector in order to enforce the condition imposed by the Planning Board. Your conviction that this was clearly understood by all parties leads me to believe that it is the du~ of the public's representatives to do this. With all due respect, I do not think that the Town Attorney should be the arbitrator, especially here. Your Board is there to set the standards for subdivision and I believe that those standards are about to be circumvented. RP/ds Very tru~]y~ yours,.~-~ RICHARD PELLICANE cc: Mr. Albert Martocchia 11380 ~OANOEE AVENUE, P. 0. ]~OX 209, RIVERHEAD, NEw YORE 11901 October l~. 1~77 Richard Pellicane, Esq. P. 0. Box 209 Riverhead, ~ew York 11901 Re: Stack and deReeder v. Smith Dear Mr. Pe!l. ice~e: I a:r in receiot of your letter of October 11, 1977. The names of the members of the Planning Board John Wi~;kham. Chairm~an~ Henry Moiss: Frank S, Coy]~ decease~{' ~ud Willf~sm Unkelbach, deceased. in !~68 8re A..~e~ Grebe Ro~ert Tasker. Town Attorney, stated in a letter lated Jam~arv 26, 1977 ~at "I have examined all of the minutes and record~ of the Pla~ming Board and nowhere do I find that the P1s~m~ing Board imposed any conditions when it aporoved the sub- division mad nor do I find any agreement between the Planning Board and the developer." Nevertheless, this was made ~ condition end I wilI ~o state in court. It has long been held by this Board that ~he final mad is, in fact, the all imnortant instrument. In answer to your question regarding a building perm~, the ~ewn Attorney states,"Under the circumstances, I do not believe that the olanning Board has any aut~ority to prohibit the sale of the lots in question, nor do I believe that the Planning Board has any authority to either request or o~der the Building Inspector to refuse to issue building permits for the lots in 9uestion." Yours truly, John Wickham, Chairman Southold'Town Planning Board RICHARD PELLICANE ~51o~ 727-5544 ATTORNEY AT LAW October ll, 1977 Mr. John Wickham, Chairman Planning Board Town of Southold Southold, N.Y. 11971 Re: Stack and de Reeder v. Smith Dear Mr. Wickham: I sent you a copy of the decision on the recent motion. Your affidavit was mot helpful. It now appears that we may have to go to trial on this matter. I would like your help in establishing the fact that the legend on the map was the result of an agreement between the Planning Board and the developer. Accordingly, I would l~ke the names of the other persons who were serving on the Planning Board at the time the map was approved, and any documentation which you might be able to give me in this regard. I am somewhat curious as to why Smith is now able to obtain a building permit, whereas a couple of years ago you wrote a letter indicating that the Planning Board would not favor issuance of a building permit. It is my understanding that that stopped issuance of such a permit. Can this be done again? Thank you for your cooperation. I hope to hear from you shortly. Sincerely, ~7 Richa'rd Pel 1 icane RP/js CC: 11300 ROANOKE AVENUE, P. O. Box ~O9, RIVERHEAD, NEw YORK 11901 SUPREME COURT : SUFFOLK COUNTY CAROL STACK AND ELEANORE de REEDER, Plaintiffs, -against- HENRY J. SMITH, Defendant. Index No. 77-14964 PLAINTIFF'S MEMORANDUM OF LAW. I. PRELIMINARY STATEMENT Plaintiffs sue to restrain defendant from selling lots on a filed .Nap containing a restriction against such sales. Defendant answered and moved for an order: (a) cancelling a Lis Pendens, and (b) granting summary judgment and dismissing the complaint, or (c) dismissing the complaint for failure to state a cause of action. This memorandum in opposition to defendant's motion and in support of plaintiff's cause of action. II. FACTS On 7/9/68, defendant filed a plat known as "Map of Nunnakoma Waters" at Southold, Suffolk County, under File No. 5126. -1- Said plat contained the lengend: "note: Owner to retain ownership of lots #4 to 8 inclusive, until such time as public water is available tu .. these lots." The Planning Board had been concerned that a well on these lots would cause salt water intrusion upon the remaining lots such as those owned by the plaintiffs. In August, 1976, defendant applied for an received a hearing with the Health Department, without notice to the plaintiffs. Defendant is now attempting to sell some of the lots referred to in the restriction, although the condition has not been met. Defendant can comply with the restriction by installing "public" water mains. POINT I: LIS PENDENS SHOULD NOT BE CANCELLED. The defendant argues that plaintiffs did not allege an interest in these lots. The plaintiffs, by amended complaint, have alleged that the restriction was intended to protect the other lot owners from contamination of their drinking water through the seepage of sewage and salt water intrusion. The case cited by defendant, Braunston v. Anchorage Woods, l0 N.Y. 2d 302, 305, (1961), was an action to abate a nuisance and is distinguished on the grounds that this is an action to enforce a restrictive covenant relating to land or in the alternative an equitable covenant. -2- Since this case is one affecting title to, or the possession, use or enjoinment of real property, a lis pendens is proper in this context. Here plaintiffs have an interest in the use to which the lots are put. Plaintiffs are seekinq a declaratory judgment against the use of wells or building of residences until such time as public water is installed in the community as set forth in the condition referred to above. at 305, Defendant cites, Braunston v. Anchorage Woods, supra which states "The usual object of filing a notice of lis pendens is to protest some right, title or interest claimed by a plaintiff in the lands of a defendant which might be lost under the recording acts in event of a transfer of the sub- ject property by the defendant to a purchaser for value and without notice of the claim." Plaintiff is claiming a right in the subject property through the ''restrictive convenant on the filed map. Schwab v. Whitmore, Reuben & Vicinus, 245 App Div 174 (1935), held that restrictive covenants relate to rights in the subject property. Where the judgment sought is one affecting the use of the property (Pentaquit Ossin v. Furman, 204 Misc 960 off'd 283 App Div 894 (1953), and where the complaint pleads a cause of action requiring a judgment enjoining the "use" of the real property in the lis pendens, (Bienstook v. Nista Constr. Co. 225 App Div 534 (1929), Leerbur~er v. Hennessey Realty Co., 154 App Div 158, aff'd 214 N.Y. 659 (1912), a lis pendens may be filed. -3- Plaintiff maintains that this case represents the usual object of filing a lis pendens and it should stand pending the outcome of this co~tro- versy. POINT II: PLAINTIFF IS ENTITLED TO A DISMISSAL OF DEFENDANT'S MOTION FOR SUMMARY JUDGHEHT AND FOR JUDGMENT DIS- MISSING THE COMPLAINT FOR FAILURE TO STATE A CAUSE OF ACTION. Defendant's argument is that a transfer of the property will not injure the plaintiffs. This argument would be correct only if there would be no construction on these lots. Plaintiffs' rights will not be protected by such an assumption. They can only be protected by a declaratory judgment as to the effect of '' the restrictive covenant on the map upon which they relied in purchasing their lots. This objective can only be attained at this time with the original owner-grantor as defendant. The cases which the defendant cites in his memorandum of law deal with a plaintiff who is trying to enforce a restriction or claim against a grantee of the original owner-grantor. The questions of privity raised in this case are inapplicable because the original owner-grantor, who put the restriction on the map, filed it and used it to induce people to purchase lots in his development, is the defendant. -4- Plaintiffs submit that they will suffer irreparable harm if they have to go against remote grantees of the defendant, that now is the time to decide the effects of the restriction and who may remove it. Defendant cites Fieda v. Terstiege, 56 N.Y.S. 2d 837 (1945), a case that involved a third person grantee for value without notice. Here the original grantor is the defendant. In Fieda, the filed map showed differ- ent restrictions than those claimed. Here the restriction to be enforced has been admitted by the defendant to be the one on the map. The court held at page 843, "Of Course, the plaintiffs' rights were a matter of record, the defendants would be bound thereby, whether or not they had actually examined said record." Here plaintiffs' rights are a matter of record by virtue of the ''legend on the filed map. The Court goes on to say that if it was an action against the original owner-grantor developer, and the record showed that representations had been made to plaintiffs to induce them to buy, then the Court would find for the plaintiffs. In this case we have the original grantor, representations made at time of purchase, reliance by plaintiffs and a defendant who now tries to ignore these actions and representations he himself made. -5- In Scolaro v. Little 278 App Div 982, 105 NYS 2d 843, 303 NY 809 (1952), also cited by defendant, the only point relevant to this case is that this was an action to enforce a legend on a filed map. The Court held that the map legend was effective and controlling. Who was trying to enforce the legend, a grantor or his successor, or a grantee against a grantor or successor is irrelevant. What is relevant is that a legend on a map filed by a Grantor by reference to which the plaintiff's land is conveyed, creates a restriction on the lots in conformance with the statement. POINT III: THE SUFFOLK COUNTY DEPARTMENT OF HEALTH COULD NOT ALTER THE RESTRICTION. -' Plaintiffs argue that the Department of Health was powerless to effect a change in the condit~.on on the map. "A court of chancery will enforce a restrictive covenant imposed by the grantor of land upon property con- veyed by him which inures to the benefit of, and is obli- gatory upon all subsequent grantees having notice, actual or constructive, of the restriction, whether the covenant runs with the land or not; and that once created it is indestructible otherwise than by the act of all parties, directly or indirectly interested in its enforcement. Gilbert v. Peterler, 38 N.Y. 165 (1868) Ace v. Westcott, 46 N.Y. 384~McConihe v. Fales IO~-N.Y. 404 ~7). -6- The rule is that where a common grantor, in developing a tract of land, adopts and imposes uniform restrictions he cannot abandon or .-~ modify such scheme or plan of restrictions without the consent of every grantee for whose benefit such restrictions were imposed, unless he reserved the right to abandon or modify in the conveyances. Beach v. Jenkins 174 AD 813, 159 NYS 652 (1916), Gren§ard Corp v. Kew Gardens 247 AD 744, 285 NYS 548 (1936). Thus after the map was filed and the restriction filed with it, it became indestructible as between the plaintiffsand defendant except by mutual agreement. The Board's action is thus irrelevant to the enforce- ability of the restriction against the defendant. The restrictive covenants were held to run with the land, and a violation thereof could be restrained by one owning a part of the property .where a grantor originally divided the tract into lots according to a filed map, with the declaration of restrictions, and thereafter, sold the lots with reference to the map and restrictions. Warren's Weed New York Law of Real Property, Restrictive Covenants, Section 24:02 POINT IV: PLAINTIFFS HAVE STANDING TO SUE. This restriction was for the benefit of lot owners such as the plaintiffs and is a negative covenant evidenced by the legend on the map. It was so intended and the owner of any lot has the right to see that such -7- covenant is kept and enforced. Booth v. Knipe, 225 N.Y. 390, 122 N.E. 202 1919), Silverstein v. Shell Oil Co. 40 AD 2d 34 (1972). Restrictions such as this type in this case are designed to carry out a general scheme for the improvement or development of real property. In this case, the restrictions made the development of the tract possible for the defendant. In such cases, any grantee may enforce the covenants against any other, since there is a mutuality of covenants and consideration binding each. See Korn v. Campbell 192 NY 490, 85 N.E. 687 (19083, and cases cited in Warren's Weed New York Law of Real Property, Restrictive Covenants, Section 1.03, and cases cited 13 NY Jur Section 114 N. 17 (1960). POINT V: EQUITY WILL ENFORCE THIS RESTRICTION. Plaintiffs have brought this action before a court of equity to enforce this covenant. It has long been established that enforcement of such covenants rest upon equitable principles. Tulk v. Moxhas, 2 Phillips 774 (1848). This case should be decided along two of the maxims of equity. The first is that equity regards substance and intent, not form. Here plaintiffs argue to enforce a restriction on a map that was used to sell the lots. Plaintiffs relied on the restriction in purchasing the lots. It was the substance and intent of the parties that the condition be -8- complied with and equity should enforce this legend as it did in Scolaro v. Little, supra. The second maxim is equity regards that as done which should have been done or ought to be done, with a corollary, acts agreed to be done. Here an act must be done, public water must be installed before the land be conveyed. Using these two maxims as a guide, plaintiffs argue the intent to make this restriction binding can be found from the filed map and from the surrounding circumstances. "Intent must be determined from the instrument and, if necessary, by looking also to the surrounding cir- cumstances.'' Silverstein v. Shell 0il Co. supra at 36. may It is clear on these facts that all parties intended this restriction to be enforceable and indestructible. There are no issues of changed circumstances to allow this violation. The underlying ground structure has not changed and the bay still has salt water. Neither can the defendant argue impossibility or extreme hard- ship. Public water can be provided at a cost justified by the value of the lots. Thus a balancing of the equities shows little hardship on the defendant and the irreparable loss of drinking water to plaintiffs. -9- This restriction was made for the benefit of the lots owned by plaintiffs and the court should enforce it "at the suit of one who owns property, or for whose benefit the restriction was established, irrespective of whether there were privity either of estate or contract between the parties, or whether an action at law were maintainable." Cheseboro v. Moreao, 233 N.Y. 75, 80, 134 N.E. 842, 21ALR 1270 (1922) and cases cited 13 N.Y. Jur Section 116 N. 1. (1960). CONCLUSION There are three general requirements for a restrictive covenants to run with the land. They are an intent that it run, that it touch and concern, and there is privity of estate. Eagle Enterprises v. Gross 39 NY 2d 505, 47 AD 2d 835 (1976), Neponsit P.O Asin v. Emigrant Ind. Say. Bank 278 NY 248, 15 NE 2d 793, 118 ALR 973 (1938), and cases cited 13 N.Y. Jur Section 113 N. 6 (1960). Here there is no issue of privity as the original owner-grantor holds the lots subject to the restriction and the cases cited supra established that this is not necessary. The intent element is shown in the facts as this was the only way that defendant could have his map approved and plaintiffs relied upon this restriction in making their purchase. The restriction touches and concerns both the benefitted and the burdened land. The burdened lots are restricted to remain unbuilt upon -10- and unsold until public water is made available. The benefit to the remaining lots is the protection of their drinking water supply from salt water. Therefore, under any theory, plaintiff is entitled to the relief demanded and defendant's motion should be denied in its entirety and a trial held to resolve the issues in this case as soon as possible. Respectfully submitted, RICHARD PELLICANE Attorney for Plaintiffs. -11- S;JPi~.IME C0iNT : STATE O? NEW YORK C©~'~TY OF SUFFOLK CAROL STACK and ELEANORE de REEDER, HENRY J. SMITH, -against- Plaintiffs, Defendant. AFFIDAVIT OF SERVICE BY 5~IL STATE OF NEW YORK~ COUNTY OF SUFFOLK SS.: JULIANN SAUTER, being duly sworn, is not a party to this action, is over 18 years Springville Road, Hampton Bays, New York. deposes and says: deponent of age and resides at On September 14th , 19 77 deponent served the within PLAINTIFF'S MEMORANDUM OF LAW upon SMITH, FINKELSTEIN, LUNDBERG AND YAKABOSKI attorney(s) for Defendant in this action, at 456 Griffing Avenue, P.O. Box 389, Riverhead, NY 11901 the address designated by said attorney(s) for-that purpose by depositing a true copy of same enclosed in a post- paid properly addressed wrapper~ in aa official depository under the exclusive care and custody of the United States Postal Service within the State of New York. ~- JULIANN ' SAUTER Sworn to before me this 14th day of September , 19 77 ~ Notary l~dblic JOHN ~ICKHAM C~a~rn.m FNANK S. COY1 E Southold, N.Y. 11971 November 1~, 1976 TEl .I,:Pl {ON F, Rudolph Bruer, Esq. Main Road Southold, New York 11971 Re: Nunnakoma Waters Dear Mr. Bruer: It has been brought to our attention that the developer o£ this property has appealed to the Su£folk County Department o£ Health £or approval to sell lots 4, 5, 6, 7 and 8 on the basis that two or more o£ these lots have satisfactory water at this time. Please be advised that as a condition o£ the approval of this subdivision, the developer agreed that he would reta.i.u o~cl'sl~:i.p of lots h, 5, 6, 7 and 8 until public water .k:: available to tllese lot::; his subdivision map. Regardless of whether the County Department of Health approves these lots, the developer has entered into an agreement with this board and we will not release him from it at the present time. Accordingly, we are requesting the building inspector to not issue any building permits for these lots. JW/mb Copies Yours -truly, } )/" '.4 : ., _. CJohn Wictd~am, Chairman ~5' · Southold To~ Planning Board to Board o£ Appeals Building Inspector · C. Dept. oL' I{oa];th COUNTY OF SUFI~I..K DEPARTMENT OF HEALTH SERVICES MARY C. MCLAUGHLIN, M,D., M.P,H. October 12, 1976 Mr. Peter Lundberg Attorney at Law Post Office Box 389 Riverhead, New York 11901 Re: Nunnakoma Waters Southold Town Dear Mr. Lundberg: At the hearing held on September 14, 1976, in the office of the Suffolk County Department of Health Services, H. LeE Dennison Executive Off~ce Building, Veterans Memorial Highway, Hauppauge, New York, you had qn opportunity to present your appeal of the department's ruling on the subject realty subdivision. In accordance with the provisions of subdivision (c), Section 7, ~Frticle ! of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows: Based on the information submitted, that the application be approved. Since the determination of the Board of Review submitted to the Conlnissioner's office on September 28, 1976, has not'been reversed or modified by her, it is therefore deemed to be the determination of the Commissioner. Very truly yours, H~D/gph cc Board of Review File jRobert A. Villa, P.E. Mr. Henry J. Smith Southold (T) Planning Board H.W. Davids, P.E. Chief Bureau of Environmental Health COUNTY OF SUFFOLK DEPARTMENT OF HEALTH SERVICES MARY C. MCLAUGHI. IN, M.D., M.P.H. November 17, 1976 John Wickham, Chairman Southold Town Planning Board Southold, New York 11971 Re: Nunnakoma Waters Dear Mr. Wickham: Your letter of November 12, 1976, regarding the above referenced sub- division, has been received. As you are aware, the developer requested a hearing before the Department of Health Services Board of Review to appea~ the condition imposed on the map of Nunnakoma Waters by the Department of Health Services when the map was processed for ou? approval in 1968. On September 14, 1976, the developer and his attorney appeared before the Board of Review and presented evidence of the availability of fresh water on the lots in question. This evidence consisted of test well water sample analyses for test wells on lots 5, 6 and 8. Lot 4 was sold with lot 3 and was not part of the developer's appeal. All the data presented was documen- ted by our field staff and the water analyses were performed by our labora- tory on samples collected after pumping each of the wells for at least one hour at a minimum rate of five gallons per minute. The depths of the wells and static water levels were obtained by our inspector at the time of the field inspection and sample collection. The Board of Review considered the data submitted, a statement from the public water supplier that there was still no plans to extend the water mains into this area and the original test well results on which approval for the other lots was based. The data submitted does indicate a substantial change in the quality and quantity of fresh water available to these lots and the Board of Review's determination was to grant the request for the use of private wells on these lots. The Board of Review would not have ruled for the applicant if it felt that seasonal fluctuations in the water level would result in water problems for the future homeowners on these lots. Mr. Wickham - 2 - Nov. 17, 1976 The procedure followed was in accordance with subdivision (c), Sec- tion 7, Article 1, of the Suffolk County Sanitary Code, reproduced below for your reference, "(c) The commissioner may establish a board of review within the department, and rules of procedure to govern the operation thereof. Such board shall consist of not less than three nor more than twenty persons, three of whom shall be designated to hear and report each appeal from the determination of a deputy or application for a variance. In any case where an applicant for a permit or approval is dissatisfied with a determination of a deputy authorized to act for the commissioner, or seeks a variance from the strict application of the letter of the standards promulgated pursuant to this code, he may appeal from the determination of the deputy or for considera~ tion of his application to'the board of review. Such board shall be promptly designated and convene, hear the applicant and his witness, the deputy and other members of the staff or consultants, con- sider the evidence and exhibits adduced, and make a determination of the hearing. The action, order or determination of the Board of Review shall be forthwith filed in the office of the commissioner and unless reversed or modified by him within three work days after such filing, shall be deemed to be the action, order or determination of the commissioner. In all appropriate cases, proceedings before the Board of Review shall be deemed to be an administrative remedy and as such a prerequisite to the institution of a special proceeding against the commissioner pursuant to the civil practice law and rules." As you can see by the last sentence of the second paragraph, the deter- mination of the Board of Review is deemed to be the determination of the Commissioner and as such cannot be overruled on this level. The position of the Southold Town Planning Board has no bearing on the determination of the Commissioner and you are certainly free to follow any course of action which you and your Board feel appropriate. Very truly yours, Robert A. Villa, P. E. Chief General Engineering Services PJkV:cah TEL, Mr. Henry J. Smith Robinson Lane Peconic, N.Y. TOWN OF SOUTHOLC) FIFFIOE OF BUILDING INSPECTOR TOWN CLERK'S OFFICE c:OUTHOLD, N. Y, llCJT1 September 28, 1976 Dear Sir; Upon Complaint of a witness, Thursday P.M. Sept 23, 1976 RE: Digging in wetlands at the easterly side of Wampum Way, subdivision of Nunekoma Waters, (at head of sYw branch of Corey Creek) Southold N.Y., and after investigation, we find the following violations of the Code of Town of Southold (Town ordinances): 1. drainage ring with solid metal cover and attached outlet pipe run into s/w branch of Corey Creek installed in wetland area without a permit from the Town Board OR To_~ Trustees~ in Violation of Chapter 97, Article II, section 97 20 of the Code of Town of Southold. 2. Docks have been erected with no permit from the Town Trustees ~n s/w branch of Corey CreeR in Violation o£ Chapter32~ Article I, section 32-10 of Code of Town of Southold AND no permit from the zoning Board of Appeals for a marina use in the "A" residential- Agricultural zone district in Violation of Capter 1OO, Art III, section 100-30 B (9) of Code of Town of Southold. You are hereby ordered to cease any further work in this subdivisl and or area, and to apply for the required permits within ten (10) days from today- September 28, 1976, to the Town Board, Town Trustees and the Zoning Board of Appeals as required by the Code of ToE of Southold. You may appeal to the T0~n Board for a formal hearing in this matter within the ten days above noted if you wish. Yours truly Building Inspector Mr. Wickham - 2 - Nov. 17, 1976 The procedure followed was in accordance with subdivision (c), Sec- tion 7, Article 1, of the Suffolk County Sanitary Code, reproduced below for your reference. "(c) The commissioner may establish a board of review within the department, and rules of procedure to govern the operation thereof. Such board shall consist of not less than three nor more than twenty persons, three of whom shall be designated to hear and report each appeal from the determination of a deputy or application for a variance. In any case where an applicant for a permit or approval is dissatisfied with a determination of a deputy authorized to act for the commissioner, or seeks a variance from the strict application of the letter of the standards promulgated pursuant to this code, he may appeal from the determination of the deputy or for considera~ tion of his application to the board of review. Such board shall be promptly designated and convene, hear the applicant and his witness, the deputy and other members of the staff or consultants, con- sider the evidence and exhibits adduced, and make a determination of the hearing. The action, order or detemtnatton of the Board of Review shall be forthwith filed in the office of the commissioner and unless reversed or modified by him within three work days after such filing, shall be deemed to be the action, order or determination of the commissioner. In all appropriate cases, proceedings before the Board of Review shall be deemed to be an administrative remedy and as such a prerequisite to the institution of a special proceeding against the commissioner pursuant to the civil practice law and rules." As you can see by the last sentence of the second paragraph, the deter- mination of the Board of Review is deemed to be the determination of the Commissioner and as such cannot be overruled on this level. The position of the Southold Town Planning Board has no bearing on the determination of the Commissioner and you are certainly free to follow any course of action which you and your Board feel appropriate. Very truly yours, Robert A. Villa, P. E. Chief General Engineering Services RAV:cah November 12, 1976 Mt. Robert A. Villa, P, E. Suffolk County Dept. of Health County Center Riverhead, New York 11901 Re: Nunnakoma Waters Dear Mr. Villa: I am enclosing a copy of a letter to the attorney for the developers of th~ above-captioned subdivision and wish to point out to you that ~his subdivisionwas apprOved upon assurance by the subdAvider that these shorefront lots would not be developed Without public wa~er and it is so stated on the subdivision map. In this case, you supported us at that time and we feel that there has been no great change in the Situation as regards theavallability of water on these lots even though at some time of the year there might be adequate fresh wa%er. For these reas~,..--~%~ see no reason to reverse our original requirement and would hope that you would be able to again support us in this and not have these lots sold to unsuspecting buyers and have to deal with them in the fUture because we have · o intention of reversing our posi~ion. Yours truly, JW/mb Enclosure John Wickh~m, Chairman Southold Town Planning Board November 12, 1976 Mr. Howard-Terry, Building Inspector Town Clerk's Office Southold, New York 11971 Re: Nunnakoma Waters De~r Mr. Terry: It has come to our attention that th~.subdivider of "N~'~"nakoma Waters" (Section 2) has presentsd a request to the Suffolk Count_y Department of Health for.~ permission to sell lots ~, 5, ~ 7 and 8 on this subdivision on.the basis~of better water samples from some of these lots. Please be advised that, as aconditton of approval of this subdivision, the owner agreed that he would retain ownership of these lots until such time as public water is available to these lots. For this reason, we respectfully request that no building permits be issued on any of these lots until such time as they are approved by this board. Yours truly, J~/mb John Wickham, Chairman Southold Town Planning B~ard November 12, 1976 Supervisor Albert M. MAr~cocchia 16 South Street Greenport, New York 11944 Re: NunnakomaWaters Dear Supervisor Martocchia: It has been brought to our attention that the developer of this subdivision has some time ago created a canal and boat basin without complying with either the requirements of the Trustees or the Department of Environmental Conservation. This developer has also filled wetlands and some time in the past has const~uctedunauthorized drainage structures in the area adjacent to the proposed basin and private' beach. In the very recent past, he has constru0ted additional drainage structures in violation of Planning Board requirements and of Town require- merits. It is our understanding that some of these pro~ecta will come before the Town Board and the Town Trustees some time in the future and we feel that it should be clearly understood that, although a praised basin is shown on the approved subdivision map, that this does not constitute authority to cirCumvent the requirements of any other agency. Yours truly, JW/mb Copies to Justice Demarest Justice Surer COuncilman Rich Councilman Noman Justice Doyen Town Trustees Board of Appeals Town Attorney Building Department John ¥ickham, Chairman November 12, 1976 Daniel J. Larkin Permit Agent Dept. of Environmental 0onservation .~B~Y, Stony Brook, New York 11790 Re. Nunnakoma Waters .'~ar Mr. Lark~. I am enclosing this for your information and expect Lttend the hearing which I understand you will hold some on this general problem some time in the futura. Yours truly, Nohn Wickham, Chairman Southold Town Planning Board November l~,1976 Rudolph Bruer, Esq. Main Road Southold, New York 11971 Re: Nunnakoma Waters Dear Mr. Bruer: It has been b~Ugh% to our attentlsn that the developer of this property has appealed to the Suffolk County Department of Health for aPProval to sell iota ~ 5, 6, 7 aud 8~'on the basis that ~wo or more of these lots have satisfactorywater at this time. Please be advised that as a condition of the approval of this sUb, ii-Aaron, the deVeloper agreed'that he would retain ownership of~let~ ~, 5, 6, 7 and 8~nt~!suoh time as public water is ava[1Abie tO these lots and it is so noted on his subdivision map. Regardless of WhetherS he County Department of Health approves these lots, the developer has entered into an agreement with this board and we will not release him from it at the present time, Accordingly, we are requestingothefr building inspector to not issue any building permits these lots. Yours truly, John Wickham, Chairman JW/mb Copies to Board of Appeals Building Inspector S. C. Dept. of Health COUNTY OF SUFFOLK DEPARTMENT OF HEALTH SERVICES MARY C. McLAUGHLIN. M.D., M.P.H. October 12, 1976 Mr. Peter Lundberg Attorney at Law Post Office Box 389 RiYerhead, New York 11901 Re: Nunnakoma Waters Southold Town Dear Mr. Lundberg: At the hearing held on September 14, 1976, in the office of the Suffolk County Department of Health Services, H. Le~ Dennison Executive .Off?ce'Building, Veterans Memorial Highway, Hauppauge, New York, you had ~n opportunity to present your appeal of the department's ruling on the subject realty subdivision. In accordance with the pr~visions of subdivision (c), Section 7, Article I of the Suffolk County Sanitary Code, the determination of the Board of Review is as follows: Based on the information submitted, that the application be approved. Since the determination of the Board of Review submitted to the Conmissioner's office on September 28, 1976, has not'been reversed or ~odified by her, it is therefore deemed to be the determination of the Commissioner. Very truly yours, H~lD/gph cc Board of Review File Robert A. Villa, P.E. Mr. Henry J. Smith Southold (T) Planning Board H.W. Davids, P.E. Chief Bureau of Environmental Health SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK CAROL STACK and ELEANOR de REEDER, Plaintiffs, -against- HENRY J. SMITH, Defendant. AMENDED COMPLAINT Index No. 77-14964 Plaintiffs, by their attorney RICHARD PELLICANE, complaining of the defendant allege that: FIRST: SECOND: Plaintiffs are residents of Suffolk County. Plaintiff, CAROL STACK, is a part owner of a Lot 22 as shown on the Map of Nunnakoma Waters, Section 2 at Southold filed in the Office of the Clerk of Suffolk County on July 9, 1968, as file number 5126. THIRD: Plaintiff, ELEANOR de REEDER, is a part owner of a Lot 21 as sho~n on the Map of Nunnakoma Waters, Section 2 at Southold filed in the Office of the Clerk of Suffolk County on July 9, 1968, as file number 5126. FOURTH: Said map contained wording as follows: "The owner will retain ownership of Lots No. 8, 7, 6, 5, 4, until such time as public water is available to these lots." FIFTH: Upon information and belief, said wording was intended to protect the owners of other lots on said map from contamination of their drinking water through seepage of sewage and salt water intrusion. SIXTH: Upon information and belief, purchasers of other lots on said map did, actually or constructively, rely upon the protection as set forth by said wording. SEVENTH: Upon information and belief, said purchasers were and are entitled to enforce said provision and require defendant and or his successors, to comply with same. ', EIGHTH: Said wording manifested, upon information and belief, a condition prescribed by the Southold Town Planning Board as a pre-requisite to its approval of the said map. NINTH: Upon information and belief, the conditions of the sub-surface clay lens underlying the said lots has not materially changed since the imposition of said condition. TENTH: Upon information and belief, the Suffolk County Department of Health Services at the request of the defendant conducted a "variance hearing" without notice to any of the other owners of lots on said map. ELEVENTH: The determination by that Department could not and did not alter the original purpose of the condition referred to in "Sixth" above. TWELFTH: Plaintiffs are presently substantially damaged by the potential of water contamination which may result if defendant is permitted to act in contravention of said condition. THIRTEENTH: Plaintiffs are threatened with substantial damages caused by water contamination which damages would be irreparable and irreversible and would render their residences valueless and unusable. FOURTEENTH: Upon information and belief, the defendant is planning to sell some of the lots which are under the restriction referred to in "Fourth" above. FIFTEENTH: Upon information and belief, the owner and developer of said map was and is, the defendant herein. SIXTEENTH: Upon a sale of any such lots and construction thereupon, plaintiffs will be irreparably damaged, as will other owners of lots on the said map. SEVENTEENTH: EIGHTEENTH: NINETEENTH: Public water has not been made available to said lots. Public water is not now being made available to said lots. Plaintiff has no adequate remedy at law. TWENTIETH: That the condition referred to in paragraph "Fourth" above can be complied with by defendant. TWENTY FIRST: In balancing the equities, plaintiffs and persons similarly situated have much more to lose by defendant's violation of said condition, than defendant does by complying with same. TWENTY SECOND: That the Suffolk County Department of Health Services has no authority, express or implied, to unilaterally revoke, rescind or modify a restriction which has been noted on a filed map and which is clearly for the benefit of other lot owners on such a map. WHEREFORE, plaintiffs request judgment: 1. Granting plaintiffs a declaratory judgment that the said lots numbered 8, 7, 6, and 5 are not being served by public water as set forth as a condition on the said filed map; and 2. That the defendant and his successors be enjoined from transferring said lots in contravention to said restrictions; and 3. That a Referee be appointed to compute the amount of damages to be incurred by plaintiffs and persons similarly situated in the event that water contamina- tion results from defendant's violation of the said condition; and 4. That defendant be ordered to post an undertaking or a surety bond in an amount equal to such amount, and that same remain in effect for ten years; and 5. That any conveyance or conveyances made by defendant of any of said lots subsequent to filing of the lis pendens herein be set aside and vacated as void ab initio. 6. For such other and further relief as this Court may deem just and proper. Dated: September 6, 1977 TO: S~ith, Finkelstein, Lundberg and Yakaboski Attorneys for Defendant 456 Griffing Avenue P.O. Box 389 RiYerhead, NY 11901 (516) 727-4100 RICHARD PELLICANE Attorney for Plaintiffs 1380 Roanoke Avenue P.O. Box 209 Riverhead, New York 11901 (516) 727-5544 Augus2 il , i Soutbol:[, :iV Ii !71 i,; {~ll're-'ed tho suh,livision...". August 2, 1977 Robert W. Ta~ker, Esq. 425 Main Street Greenport, NY 11944 Re: ~ap of Nunnakoma Waters Dear Mr. Tasker: I represent the owners of some of the lots on the map referred to above. I am told that an attar ts being made to obtain building permits, and or, to convey some of the lots covered by the restriction, which was included as a condition for the approval of said map, to wit; that no sale be made unttl public water is available as to lots 4 through 8 inclusive. The purpose of this letter is to alert you to the fact that my clients have ~he resources and the intent to see that the restriction is not circum- vented by any tortuous interpretation or procedure. Very truly yours, RP/Js cc: Albert Martocchta Howard Terry John Wtckham Richard Pelltcane 1~80 ROANOKE AVENUE, P. O, [~OX 0~7. RIVERHEAD. NEW YORK 1 IDOl STATE OF NEW YOR~ DEPART~ZENT OF EL~VIRONM~ENTAL CONSERVATION In the Matter of nhe Petinion of Henry J- Smith Petition No. riK~-15276-0189"A" PUBLIC HEARING NOTICE [~otice is hereby given that, pursuanm to Title 2, Article 25, (Tidal Wetlands) of the Envzronmental Conservation Law and the Rules and Regulations for Issuance of Permits under said Law (NYCRR, Part 660), the Department of Environmental Conservation will cause a public hearing to be held in The Suffolk County Legislative Meeting Room, County Center Riverhead, NY 11981. on the 14th day of July , 19 77 , at 10:0~o'clock in the forenoon of that day for the purpose of: (a) hearing all persons, corporations or civil divisions of the the State of New York that may be affected by the execution of the plans of: Henry J. Smith Robinson Lan~ Peconic, NY 11958 The project site is located at Hog Neck Bay, Hamlet of Peconic. Town of Southold, Suffolk County, N.Y. Applicant proposes to construct a single family dwelling on Lot ~5, Tepee Drive in Nunnakoma Waters subdivisio~ Applicant claims financial hardship if permit is denied. plans for which have been filed with the Tidal Wetlands Permi~ Agent, Department of Envirommental Conservation, and are now ~ his office in Stonv Brook, where the same are open for public inspection and (b) affording the petitioner the opportunity to establish that the propose~ oroject is not contrary to (1) the policy of the State to presLrve and'protect tidal wetlands, to prevent thei~ despoliation and destruction and to give due consideration to the reasonable economic and social development of the State and (2) the provisions of Title 2, Article 25 of ~e Environ- mental Conservation Law. All persons, corporations or civil divisions of the State of'New York, who have objections to the execution of said plans or wish to be heard either in favor of or opposed to such plans, in order to be heard thereon,must file a noti'ce of aooearance of such desire to be hedrd in writing and in duplicate, specifying ~e precise grounds of support or opposition to the petition, wit the Tidal Wetlands Permit Administrator at Building 40, State University of New York, Stony Brook, New York, 11794 on or before the 8th day of July , 1977 Filing for this purpose shall require actu~t'.re~ ceipt in the office of the Tidal Wetlands Permit Administrator. If no notices of appearance are filed, the hearing may be cancelled. Dated: June 3, 1977 Stony Brook, New York DANIEL J. LARKIN Local Tidal Wetlands Permit Administrator 'N~ York State Department of Environmental Conservation Stony Brook, New York 11794 EA-124a (3/77) ~JNT,;AKOMA WATERS nSoOCIA~PION 375 Wampum Way Southoid, N.Y., .11971 July 7, 1977 To: Daniel J. Larkin Local Tidelands Permit Administrator New York State Department of Environmental Conservation Stony Brook, N.Y., 11794 From: Nunnakoma Waters Association c/o Franklin Bear 375 Wampum Way Southold, N.Y. 11971 Subjecb: In the Matter of the Petition of Henry J. Smith Petition No. TW-15276-0189 "A" Project site: Hog Neck Bay, Hamlet of Peconic, Town of Southold, County of Suffolk, New.York, Lot No. 5, Tepee Drive in Nunnakoma Waters Subdivision. The Nunnakoma Waters Association requests the °pportuni~y to be beard on the above matter in opposition to the granting of the petition for the following reasons: 1. The project is concerned with four lots, not Just one. a. Approval of construction of a home on lot No. 5 undoubtedly will lead to requests for construction of homes on adjoining lots 6, 7 and 8 on Hog Neck Bay (Little Peconic). b. Such approval also would establish a precedent for similar approvals elsewhere. 2. Said construction can endanger the quantity and quality of the ground wate~upply. a. The property is filled over marshland. b. It is on or near the very edge of the fresh water table. c. Heavy withdrawal of water, especially during dry spells, could result in the reduction of th~mount of potable water, if indeed a sufficient w~ter supply exists for these lots. d. Such heavy withdrawal or drawdown could result in salt w~ter int~sion from Hog Neck Bay, waking the water unsuitable for drinking and other~household uses, and also endanger the water supply of contiguous pieces of property. ~q. ~aste disposa~_ can advers~lj; crew,. a ...... the waters of Hog Neck B~y as well as the local ground water supply. a. ~aste waters containing aoilfo~, chemicals and other matter will leach quickly throu6'-~ :~h~ sa~ d fill, which now avenges around five inet. Such wat,,:.s may the~move quickly over l~e~[o~s ol,3 ~rshland toward and into th~ bay, which could cause con~- vention of Mew York State ~ter quality standards which classtf~ contlg~ous wate~~ as S.A. b.Waste waters may also affect the quality of the drinking wmter supply. 4% There is no demonstrated basis that denial of the petition will cause financial ~rdship to the petitioner. a. Lots 5, 6, ? and 8, as well as other contiguous and nearby lots, were laid out on fill placed on the proper~y between the time the petitioner purchased the property in ~965 and approval of the Nu~akoma Waters sub~ivislonmap in 1968, increasing the tot owned by the petitioner at the subdivision location from 13 acres to 16 plus acres. b. The petitioner already has received substantial income from other lots on filled land as well as from upland lots in the subdivision. 5. Approval of the petition will result in a financial handicap to owners of adjacent and nearby properties within Nunnakoma Waters as well as purchasers of lots 5, 6, 7 and 8. a. All past purchasers of property within the development did so on the basis of the zpproved map which stipulated that lore Nos. 4, 5~ 6, 7 and 8~ould not be sold until public w~ter was available. b. Deterioration of the water supply could render unusable the water from wells of present homes ~ the subdivision. Contiguous and nearby wells are all on upland areas. c. Lots 5, 6, 7 and 8 are all below HUD minimum elevations. Conclusion: For the above reasons, the Nunnakoma Waters Association ~.rongly opposes the approval ~_ of the petitf6h for construction ~? a home o~, lot No. ~ of the Nunnakoma Waters subdivision. The ~m?.~c's ]o not want their ?inanclal investments ~undermined by the .!.~;~!opment of lots 5, 6, 7 and 8, nor do we want the local environment d.~stroy~d in order to pro~'i~e greater financial gain for a single Hon. John V.N. Klein Suffolk County Department of Environmental Control Suffolk County Department of Public Works Suffolk County Health Services Department Yours truly, Franklin Bear, President Nunnakoma Waters Association ,D JOHN WICKHAM, C~a~r~m FRANK ~. COYLE HENRY E, RAYNOR. Jr, FREDERICK E. CORDON JAMES WALL Southold, N.Y. 11971 TELEPHONE 765-1958 July 5, 1977 Mr. Daniel J. Larkin Tidal Wetlands Permit Administrator Building 40 SUNY Stony Brook, New York 11794 Re: Petition of Henry J. Smith ~TW-19276-O189"A" Dear Mr. Larkin: It is the opinion of the Southold Town Planning Board that Lot #5 on Tepee Drive in Nunnakoma Waters subdivision is not suitable for a residence because it is filled land and, although water is available ih limited quantities, it is not sufficient to meet the needs of today's family. For this reason, when this subdivision was approved, it was noted on the filed map that there should be no building permits granted on these lots until municipal water is available and because of the nearness to salt water. If I am free on that day, I will appear at the hearing. Yours truly, am, Chairman/;C~-/~- Southold Town Planning Board JW/mb STATE 0]? NE~4 YO~ DEPART~LENT OF EI~VII~ON~ENTAL CONSERVA'£ION In the Matter of the Petition of Henry J. Smith · Petition No. '~-15276-0189"A" PUBLIC HEARING NOTICE Notice is hereby given that, pursuant to Title 2, Article 25, (Tidal Wetlands) of the Environmental Conservation Law and the Rules and Regulations for Issuance of Permits under said Law (5~CRR, Part 660), the Department of Environmental Conservation will cause a public hearing to be held in The Suffolk County Legislative Meeting Room, County Center Riverhead, NY 11981. on the 14th day of July , 19 77 , at 10:0~o'clock in the forenoon of that day for the purpose of: (a) hearing all persons, corporations or civil divisions of the the State of New York that may be affected by the execution of the plans of: Henry J. Smith Robinson Lan~ Peconic, NY 11958 The project site is located at Hog Neck Bay, Hamlet of Peconic Town of Southold0 Suffolk County, N.Y. Applicant proposes to construct a single family dwelling·on Lot ~5, Tepee ~brive in Nunnakoma Waters subdivisio Applicant claims financial hardship if permit is denied. plans for ~hich have been filed with the Tidal Wetlands Permi Agent, Department of Envirom~ental Conservation, and are now his office in Stony Brook, where the same are open for public inspection and (b) affording the petitioner the opportunity to establish that the proposed project is not contrary to (1)'the policy of the Sta~e to preserve and'protect tidal wetlands, to prevent ·thei despoliation and destruction and to give due cons.ideration to the reasonable economic ahd social development of the State and (2) the provisions of Title 2, Article 25 of the Environ- mental Conservation Law. Ail persons, corporations or civil divisions of the State of New York, who have objections to the execution of said plans or wish to be heard either ir favor of or opposed to s~ch plans, in order to be heard thereon,must file a noti'ce of appearance of such desire to be he~rd in writing and in duplicate, specifying %~e precise grounds of support or opposition to the petition, wi~ the Tidal Wetlands Permit Administrator at Building 40, State University of New York, Stony Brook, New York, 11794 on or ~efore the 8th day of July , 1977 Filing for this purpose shall require actu~l"re ceipt in the office of the Tidal Wetlands Permit Administrator. If no notices of appearance are filed, the hearing may be cancelled. Dated: June 3, 1977 Stony Brook, New York D,..,ImL J. LARKIN Local Tidal Wetlands Permit 'Adm%inistrator 'New York State'Department of Environmental 'Stony Brook, New York 11794 Conscrvation EA-124a (3/77) March 3, ANTHONY P. DE RIGGI Mr. John Wickham c/o Town of Bomthold Planning Board Main Road $outhold, ~f 11~71 i977 Re: Lot 5, Map of Nunmak~ma Waters at Southold, New York Dear Mr. Wlckham: We represent the party that has signed a contract to purchase the abeve premises from Henry J. Smith. We have been advised that you have raised a question concerning the propriety of constructing a dwelling on this property. It would be apprec~ ated if you weald advise us if you still have an objection, ~d if so, what it is. Ver,j truly yomrs, DE RIGGI, DE ~GGI & DE~IOGI -ANTHONY P. D~I APD:ao OFFIO~RNEY TOV~~4~ LD 425 MAIN ST. BREENpnRT, L. I., N.Y. 1~944 January 26, 1977 TIZ LE:PH D N E: John Wickham, Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Nunnakoma Waters Dear Sir: I received a letter dated December 8, 1976, from Pierre G. Lundberg relative to Nunnakoma Waters Subdivision, a copy of which is enclosed as well as a copy of your letter of November 12, 1976, addressed to Rudolph Bruer. In your letter of November 12, 1976, you state that "As a condition of the approval of this subdivision, the developer agreed that he would retain ownership of lots 4, 5, 6, 7 and 8 until such time as public water is available to these lots and it is so noted on his subdivision map." You also state in this letter that "The developer has entered into an agreement with this Board and we will not release him from it at the present time." I have examined all of the minutes and records of the Planning Board and nowhere do I find that the Planning Board imposed any conditions when it approved the subdivision map nor do I find any agreement between the Planning Board and the developer. Under the circumstances, I do not believe thatthe Planning Board has any authority to prohibit the sale of the lots in question, nor do I believe that the Planning Board has any authority to either request or order the Building Inspector to refuse to issue building permits for the lots in question. Page 2 John Wickham, Chairman January 26, 1977 The question of the availability of water in the subdivision or any parts thereof is a matter solely within the jurisdiction of the Board of Health. It is my understanding that the notation on the subdivision map was placed on the map at the insistence of the Board of Health and not by the Planning Board. Yours very truly, ROBERT W. TASKER RWT: NA ENCS. CC: Pierre G. Lundberg, Esq. Rudolph Bruer, Esq. Lefferts P. Edson, Esq. Howard Terry, Building Inspector Southold Town Board of Appeals .~Mi'I lt. ~INKEL.~TI".IN, LUNDBERO, BAISI,F.¥ AN 1) YAItAIIO~KI December 8, 1976 Robert Tasker, Esq. 425 Main Street Greenport, New York 11944 Dear Bob: Re: Nunnakoma Waters I enclose herewith a photocopy of a letter of November 12, 1976, written by John Wickham to Rudolph Bruer. Apparently Mr. Wickham was of the opinion that Mr. Bruer was representing Henry J. Smith in connection with the restriction imposed by the Health Department on his right to sell certain lots on a filed map. Mr. Bruer turned the letter over to me, at the direction of Mr. Smith, since I represented him be[lore the tlcalth Depart- ment, and successfully, in having that restriction removed arid an appropriate notation thereof placed on the filed map by the County Clerk. A contract of sale exists for the sale of at least one of these lots, wherein Lefferts Edson, Esq. represents Mr. Smith as the seller. The contract of sale is subject to DEC approval, and I am representing Mr. Smith on the application to DEC for that approval. There is also enclosed a copy of the Town of Southold Planning Board Resolution of May 22, 1960, granting final approval of the subdivision. Contrary to the statement contained in Mr. Wickham's letter, there does not appear to be any condition as to the sale of these particular lots imposed by the Planning Board. As I understood it when I accepted the retainer, the condition was imposed solely by the Health Department. The Department of Health has rescinded its restriction since, after approximately fifteen years, there are no plans for municipal water to this area, and current wells on the properties establish water satisfactory to the Health Department standards. Should the Building Inspector or the Zoning Board of Ap}peals accede to the request of Mr. Wickham, it will be necessary for Mr. Smith to seek judicial relief - unless there are some other conditions now unknown to me which are not set forth of the Planning Board. Since I am still representinq Robert Tasker, Esq. December 8, 1976 Page 2. in the Norris matter, I probably would not be able to represent :4r. Smith in any action against the Building Inspector and would have to arrange for other counsel. I would appreciate your review of this situation and you~7 advising me what position, if any, the Building Inspector or the Zoning Board of Appeals will take in respect to the request by ~.~. Wickham that no building permit be issued. PGL:mee Encls. Very t~ulY yours, G. LUNDBERG c.c.: Lefferts P. Edson, Esq. .~<:~-~Z' ~ ..... ~1: ~~TCOUNTY OF SU FFO41~K ~I ~ ~ ~ ' DEPARTMENT OF HEALTH SERVICES MARY C. MCLAUGHL[N, M.D., M.P.H. November 17, 1976 John Wickham, Chairman Southold Town Planning Board Southold, New York 11971 Re: Nunnakoma Waters Dear Mr. Wickham: Your letter of November 12, 1976, regarding the above referenced sub- division, has been received. As you are aware, the developer requested a hearing before the Department of Health Services Board of Review to appeal the condition imposed on the map of Nunnakoma Waters by the Department of Health Services when the map was processed for our approval in 1968. On September 14, 1976, the developer and his attorney appeared before the Board of Review and presented evidence of the availability of fresh water on the lots in question. This evidence consisted of test well water sample analyses for test wells on lots 5, 6 and 8. Lot 4 was sold with lot 3 and was not part of the developer's appeal. All the data presented was documen- ted by our field staff and the water analyses were performed by our labora- tory on samples collected after pumping each of the wells for at least one hour at a minimum rate of five gallons per minute. The depths of the wells and static water levels were obtained by our inspector at the time of the field inspection and sample collection. The Board of Review considered the data submitted, a statement from the public water supplier that there was still no plans to extend the water mains into this area and the original test well results on which approval for the other lots was based. The data submitted does indicate a substantial change in the quality and quantity of fresh water available to these lots and the Board of Revtew's determination was to grant the request for the use of private wells on these lots. The Board of Review would not have ruled for the applicant if it felt that seasonal fluctuations in the water level would result in water problems for the future homeowners on these lots. July 20, 1971 Bouthold Town Board Greenport, Hew York Gentlemen: Please be advised that the following ooxreopon~ence was received bM the Southold Town Planning Board at a epecial meeting held on June 29, 1971, and the following reoolution was peened by the Board at their regular meeting held on July 19, 1971, A letter from the Suptl of Highways° Ra.l~uondDean0 da~ed Hune 28, 1971, advising us that he and ~he highway committee of the To~n Board - Louis Demareet &nd Martin surer - have made an inspection of the roads in the subdivision ' Nunna- koma Waters", Southold, N.Y. The Highway Co~ait~ee and Mr. Dearth ave agreed to recommend that these roads be kept private if Mr. Smith could get 100%of the property owners to sign a statement, stating that they wish to keep these XT WAS RESOLVED that the $~uthold Town Planning Board recoumend to the Sout~old To~fl Board that the roads in the subdivision 'Nunnak~ Water0' be kept private if K~. Smith can get 100~ o£ the property owners to sign a s~atement0 e~ating ~hat they w~h to keep these roads private. This rec~n~ation ia mede with regard to the above favore~le recoauanUatione of the supt. of Hlghway~ and the Highway Committee of the Town Board. Roepeut fully mub~itted, john Wlckham, Chairman Southold Town Planning Board RAYMOND C. DEAN Superintendent Tel. 765-3140 June 28, 1971 The Plannlng Board Town of Southold Southold~ New York Re: Nunnakoma Waters Southold~ New York Gent lemen: My inspection with Louis Demarest and Martin Surer, together w~th Henry Smith~ the Highway Committee agreed that if Mr, Sm{th could get 100 percent of the property owners to sign a stmtement~ stating that they wish t~ keep these roads prlvate~ we therefore~ w~ll recommend that they be kept private. RCD:a /~RAYMOND C. DF. AN, Sup't. of Highways ~ ~o,~d :muthold~ New ~hgine{~s~ estimate for bond for I.s,u~n!' ',,ater,~ Section II , t,~nd cles rin~ 7.o~Fh grading ~'ine grading Surfacinc Curbs Lea thing Basins Admininstra tiv, Costs Increase Costs ove~' 3 yr. pe~:'iod [~eco~m~end bond of.~, ~ 22~000.00 12,500.00 I~o.oo 6,000.~ t. OOO.O0 21, .00 Any person or persons desirous of dedicating land for highway purposes shall be required to file three (3) Prints of the proposed layout of such highway with the Planning Board of the Town of Southold. The Planning Board shall examine such tints and prePare a written report thereon, containing its P - .-- L---~sed la--ut, and file the re~onnendations concern~og r~_u p~.o.~_-_-_..__.i... ~.. ~rint of Same with the Southold Town Boers =oqu~flu~ -~--. ---,.r - The Planning Board shall retain one the proposed layout. for its files and shall return one print to tho applicant, Thereafter, the TOWn Board shall approve or disapprove such layout and so advise the Planning Board and the applicant. After such proposed layout has been approved by the 8outhold Town Board' the following sPecifications shall be complied withz- I. Any Person or Parsons des4xing to ~edicate real estate to the Town of Southold for highway purposes must execute and sul~uit to tho Town Board the followings- a. A duly a~knowledgsd dedication and release, together with the requtxed County Clork*s recording fees. b. Proposed con~ent to the Town Boards c, p~°posed order of the SuPerintendent. d. A survey map of the proPerty. e. An' attorney's certificate of title and an abstract of title certified to the To~n Board by an attorney or a ~2,000. title policy issued in the name of the Town southold. f. A bargain and sale deed with covenant against granto~s acts in the proPer form for recording in tho county Office, together with the recording fees. The foregoing s~x decadents shalX be fastened together in one folder and tho dedication and release shall include the signatures of all fee ownerS, easement owners, mortgages and so forth, and the attorney~s certificate shall certify to such. 2. All highways accepted by the Town as Town Highways must be at least fifty (50) feet in width! such width shall hereinafter be known as the bounds of the highway. 3. All proposed highways shall be properly monumented with concrete monuments on all points, curves and intersections, with maps showing a profile at an appropriate scale, cross-section of highway, name of highway, name of adjacent owners, if any, drainage rights of way or leaching areas, width and length of highway, scale of map shall not be more than 1# to 200s. An addit4~tal survey map of the proPerty -2- other than the one in the folder shall also be sulxnitted. 4. All highways tsrninat~ng at tidewater shall have a wid~ of not less than 100' ha~k from the mean high water mark. All highways on water front property must have the same access to th, water aa above requ~ed. $. All deed-end highways must have a width of not less 100' for a distance of 100' hack from the dead-end to provide a turnaround all of which must be free from trees, hushes, and 6. The name of such highways may be proposed by the owner or owners of property dedicating such highways hut the n~me of such highways shall be subject to the approval of the Town 7. A width of thirty-four (34) feet shall be here~uafter known as the highway area from which all trees, Brush, ro~ks, st~mps~ end ~ther obstructions shall be thoroughly cleared a~d all such Mtor~al shall ~ r~ed fr~ ~e ~un~ of ~o highway. d~sc-h~z~od, rolled and grand to a unifom surface to ~e lo~tud~nal ~a~ as sh~n on ~e f~l ~p. :a: SBCTXON 9, AP~NDED F~BRUARY 24, 1966 Three (3) inches of loam, free of all vegetable matter m~xed with three (3) inches of bank run shall be applied to a depth of s~x (6) ~nches below the finished grade of the road'': section. 10. Where cuts and fills ars necessary in order to hring the highway to the proper grade and cross sections, the cut or fill shall meet the abutting surface with a I on 2 slope. Where the slope or fill extends beyond the fifty feet, the necessary releases, easements, or deeds must be obtained from the property Owner or o~ners. SECTIO~ ll, AMenDED F~Ba~Y 4, 1966 When deemed necessary by the Superintendent of 8t~ o~ezs~ lea~h~q bao~, leaching areas, c~bm an~ o~ vie~ of ~ S~r~nten~nt of Highway. ~on le~ end c=be an~ or gutters are r~red ~e am shall ~ ructed as foll~s8 A. ~a~ ~s~s, ~1y ~nlet t~ s~ll ~ used and s~ll have a co, rede curb~ ~ten~ng er(6) f~t frs ~ s~o of ~e ~nlet. All bas~ w~ f~f~Y (S0) feet o~ ea~ o~ar s~l~ ~ connected to each o~ (~8)'/ ~nch c~ruga~d p~. B. C~crete c~be en~ or guttere~ Curbs ~d gutt~s ~al~ ~ ~nstalled at ~e ~ntereect~one of all stree~j s~11 ~ a cu~e w~ a rad~us of not l~s ~n ~elve (~2) feet ~d shall ~tend at least ~enty (20) each street frs e~h end of ~e e~e. ~e m~n~ d~s~nee ~enn curb faces on ~ s~s of ~e highway shall ~ seven (37) 8BCTI~ 12, AJ~NDBD AI~IL 4, 1967 After the h~gbMay area has been properly graded, rolled, and shard to ~e ~pr~al of ~e Su~r~nten~nt of Hi~ays, ~e ~Y-~o (32) f~t se~on ~n ~ center of ~e h~g~a~ ~ea ~ere~er referred to ~ ~e r~d s~t~on) shall ~ stall,zed wl~ ~ application of ~=~ (2) ~allone of ~-2S0 -3- (Bituminous Cut Back) per square yard mixed to a depth of six(6) inches applied in mo (2) separate applications, within (2) months, and not less than one (1) month after stabilization the road section shall be rolled and properly prepared and an application of one half (½) gallon of ITC-250 (Blt~minous Cut Back) per square y~Xd shall be applied with sufficient sand to absorb the excess oil. In the case of dxy weather the shall be wat-~own before the applications of oil. Before the highway is accepted by the Town of Southold, the Superinten~ent of Highways will examine the same and thereafter a final ation of .3 gallons of RC-250 (Bituminous Cut Ba~k} per square yard shall be applied and shall be covered with three inch blue stone, which shall be rolled with a roller having a minimum weight of five (5) tons. Where curbs are installed, the road section shall be deemed to be the entire area within the curbs. 13. On both sides of the oiled surface or road section of the highway area, there shall be a five foot shoulder which be graded, shaped, rolled and free from all debris of all kind. 14. Before any highway shall be accepted by the Town of Southold as a town highway be dedication, the assessed value of the buildings and structures on the land on both sides of such highway (as shown on the current tax roll of the Town of Southo] shall have an assessed value of not less than forty thousand ($40,000.00 dollars per mile or proportioned at ~hat rate if more or less than a mile. SECTXON 15, AMKNDBD FEBRUARY 24, 1966 Where it is necessary to have a drainage area located the fifty (50) foot bounds of the highway, fee title to such shall be conveyed to the To~n of Southold together with the dry land to connect such area to the bounds of the highway, ugated pipe having a minimum diameter of eighteen (18) inches extending f~om the drainage area to the bounds of the highway shall be installed with clean out boxes at one hundred fifty(15( foot intervals. 16. slOe, elks shall be a standard four foot in width, foul inches thick except in drivwways where they must be not less six inches thick. All curbs and gutters to be built to standar~ forms as may be directed by the Superintendent of Highways. On existing Town Highways the Town will furnish the necessary engineering, grading, fill and laborl the property owner or l~ners shall furnish the necessary ready m~xed concrete and shall deliver such concrete to the site as directed by the Superintendent of Highways. The amOUnt of side~alk throughout *~he Town shall be detemined by the Town Board. 17. Whenever in the opinion of the Superintendent of Highways he feels that for the best interest of the Town, alterations or modifications should be made to the above specifications, rules, and regulations, such alterations or modifications may be made on the reco~aendetion of the Superin- tendent of Highways to and with the approval of the Town Board. These specifications shall be effective on and after the day of 19 LAWRENCE M. TUTHILL ~y 22, 1968 Southold ?ova_ PlannioF Boszd Mal~ ~ ~o~d Scuthold, New York ~gina~rst estimate for bond for Lsughin~ L, ate~ Section II . st Southo~, New York L~nd ctes ring Hough grading ~ ine grading Surfacing Curbs Lea ahing Basins Admininstrativ~ Costs ?'one ~one i one 2,~0~' L.F ~ ~ O0/L.' ~ '~' ~ 1,~0'.00 e~. Increase Costs over 3 yr. oeriod .~eco~end bond of .~ 22,000.00 12,500.00 .oo 6,000.00 1.O00.O0 2~000.00 $ 21,9~0.00 '~le soectifullv submit~d, Lawrence M. Tuthill Gr~npo;t; New Yoa~'k Apr:ft. 22~ ~968 l'ni~ .t.8 to c®=tt~¥ tl~t the Henry ~oi~ Vice Southold Town P3.ann.i. ng BOoed attached sbt Report to: Southold Town Board 16 South Street Greenport, New York May 22, 1968 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at their regular meeting held on May 22, 1968: It was RESOLVED that the Southold Town Planning Board recommend to the Southold T)wn Board an performance bond in the amount as revised by Lawrence Tuthlll, Construction Engineer, (see attached estimate), for the completion of the roads in the subdivision to be known as Nunnakoma ~,',aters, Bayview, Southold, New York, owned and developed by Henry J. Smith. Respectfully submitted, J~V/mkw attached sheet John ¥¥ickham, Chairman Southold Town Planning Board Southold Town Planning Board SOUTHOLD. L. I., N. Y. 11971 PLANNING BOARD MEMBERS John Wickham, Chairman Henry Molsa Alfred Grebe William Unkelbach Frank Coyle Report to: So~thold Town Board 16 South Street Greenport, New York April 22, 1968 Gentlemen: This is to certify that the following action was taken by the Southold Town Planning Board at their regular meeting held on April 16, 1968: It was RESOLVED that the Southold Town Planning Board recommend to the Southold Town Board ~performance bond in the amount as revised by Lawrence Tuthill, Construction Engineer, (see attached estimate), for the completion of the roads in the subdivision to be known as Nunnakoma Waters, Bayview, Southold, New York, owned and developed by Her~ry J, Smith, Respectfully submitted, Henry o~sa, Vice Chairman Southold Town Planning Board HM/bd attached sheet ~T~mm~y SI~F~CATXO~S After such l~OpOaed lal~mt has been app~ovod by the SouthoXd T~n Board, the £oliowing specl£~atAons shall be compiled vith,- 1. Any person or pezs~ns dehiring to dedicate real to the T~n of Southold £or highway lm~Po~os must execute and suhuit to ~ To~n Board the a. A duly acknowledged dedication and release, together with the required County Clerk's re~ording fees. b. ~rolmaed conaent to the Town Boar~ c. l~-opoaed ordor o£ the Superintendent. d. A survey map of the p~operty. e. An Attorne¥"s certi£ieate of title and an abstract of title certif~ed to the Teds Board b_y an Attorney or a $2° 000. title policy issued ~n the name of the Toun of Southold. £. A bargain and sale doed with covenant against grantor's act] in the prope~ £or~ for recording in the County Clerk's O£f~ce, together with the ~acordiog fees. The ~oregoing sin documents shall be fastened t~j~ther in one folder and the dedication and relanan shall include the l~gaaturea of all fan ownerlf easement owners, mortgages and is forth, and the Atternsy's certificate shall certify to such. 2. All highwal~ aceepted by the Town aa Town HighMays must be at least fifty (S0) feet in width~ such width shall hereinafter be known aa the bounds of the high-ay. 3. All proposed highways shall be properly surveyed, monument, ed with concrete monm~nto GU all points, curves and inter~e~tions, with Mpa showing a p~o£ile at an ~priate scale, c~oae-soe~ion o£ highway0 name o£ highway, nm o£ ail adjacent owners, if any, <~rainage rights of way or leachin,% areas, width and lengt~h of high?~ay, sc~le of map shall not be more than 1" to 200'. An additional ~urvey map of the property otlmer thar~ the one in the folder shal3~ a.aso be submitted. 4. Ail highways te~inatin~ at tidewater sba/], have a of not ].ess than I00' back from the mean high ~ater mark. highways on water front property must have the same access to ~e water as abo~e requirerS. 5. All. dead-end hightvays must have a width of not less than 10O' for a distance oi 100' back from the dead-end to provide for a t%~rnaroun~ a!l of which must be free from trees, bushes and stumps. 6. The name of such highways may be proposed by the o~ner or ~gners of property dedicating such highways but the name of such highways shall be subject to the approval of the Town Board. 7. A width of thirty-four (34) feet shall be hereinafter known as the highway area from which all trees, brush, rocks, stumps and other obstructions shall be thoroughly cleared and all such material shall be removed from the bounds of the highway. 8. The portion known as the highway area shall be plowed, disc-harrowed, rolled and graded to a uniform surface to the longitudinal grade as shown on the final map. Three (3) inches o~ loam. free o~ all vegetanle ,aatter, m~ed w~h three (3) l~=hes of bank ru~ shall be applie~ to a del~h o£ e~x (~) ~he~ below the finished grade of the road 11, AMEnDeD FEBrUaRY 4, 19~6 V~Si~ o~ ~e Supradent ~alX ~ u~d ~d ~all h~ a e~ ~=b~ ~~ s~ (6) ~t ~ ~ si~s of ~e hl~. All ~lnl w~ln fifty (50) feet of ~ ~ez shall ~ co~tod to e~ ~er w~ e~ (18) ~ =or~ated C~ ~d ~t~s ~all ~ l~llld at ~ in~r~ti~s of all I~ (37) y~rd shall be ~9~l~ed and shall be covered with three e~hte X~=h blue stone, which sh&ll k~ rolled with a roller having a minimu~ weight of five (5) tons. .~erc curbs ar~ installed, u~e road section s)~all be deenH~d to k~ the entire area wXtb' the c~rba o S~TXOI~ 12, AR~NDED APRLL 4, 1967 12. a~ter the highway area has been pro~zly gra4ed, rolled,: ~ ~%y-~o (32) Z~ s~tl~ ~ ~e ~ of ~e h~ghway ~ Cfl~e~ reZ~re~ ~ ~ ~e r~d ~tA~) shall ~ (Bl~ Cut ~) ~ ~e ~dm~d ~ a ~p~ o~ s~ (6) ~ ~d ~ t~ (2) s~a~ ~L~at~o. W~ ~o (2) ~s, ~4 not 1.s ~n ~e (i) ~ afUr st~liza~ion, ~he road section shall ~e rolled and p~operl¥ prepared and an ~l~a~ o~ one half (~) gall~ o~ ~-250 (BA~ous Cu~ ~a~) ~ s~e y~d oh~l ~ a~lied wi~ su~fXcien~ sand o{ 2A~hways w~X e~ ~e s~ ~d ~eafter a final applic- at,on ~ .3 ~ o{ ~-2S~ (SA~An~ Cut ma~) ~r squ~e ~d ~aXl ~ ~d ~d ~XX M c~red w~ ~ e~ts m~ ue~g~t o~ f~ve (5) to~. ~e c~ ~e ~ta~leU, 6 -3- 14. Before any highway shall be accepted by the Town of Southold as a to~n highway by dedication, the assessed value of the buildings and structures on the land on both sides of such highway (as sho~n on the current tax roll of the To~n of Southold) shall have an assessed value of not less than forty thousand (~40,000o00) dollars ~er mile or proportioned at that rate if more or less than a mile. 17. Whenever In the oplnlon of the Su~er/ntendent of Highways he feels t~at for the best interest of the Town, alterations or modl£ica*Cions should be made to the above spectftcatlons, rules,and regulations, such alterations or modifications may be made on the recommendation of the Superin- tendent of Highways to and with the approval of the Town Board. These s~eclftcattons shall be effective on and after CHARLES ABRAHAMS P. O. BOX 765 MATTITUCK, N, Y. 11952 MR RAYMOND DEAN? SUPT SOUTHOLD TOWN HIGHWAY DEPT PECONIC, N Y DEAR SIR: JUNE 30,1969 RE: NUNNECOMA WATERS SOUTHOLD~ N y AFTER HAVI~G kEEN INFORMED BY YOU ON 6/27/69 THAT WORK HAD PROCEEDED ON THE SUBJECT PRO~ECT WITHOUT NOTIFYING YOUR OFFICEr J MADE AN iNSPECTiON OF THE PRO~ECT ON 6/28/69 AND 6/29/69. I SUBMIT HEREWITH THE FOLLOWING REPORT OF MY OBSERVATIONS. THE ROAD SECTION BED HAS BEEN STABILIZED WITH CUT BACK OIL AND THE ROAD SECTION SURFACE HAS BEEN COVERED WITH CUT BACK OIL AND SAND° THERE IS NO WAY TO DETERMINE THE qUANTITiES OF OiL USED TO STA- BILIZE THE ROAD BED AND TO COVER THE ROAD SURFACE. J~ORINGS WERE TAKEN AT iNTERVALS OF 100 FEET TO DETERMINE THE CUT BACK PENETRATION INTO THE ROAD BED;' THE FOLLOWING BORING DATA IS SUBMITTED: STATION WIGWAM WAY ROAD SECTION ~ENETRATI=ON ..... WIDTH'~'t:~ 0 + 50 6" 22 FEET I + 50 5" 23 2 + 50 6" 23 3 + 50 3" 24 4 + 50 6" 24 ~.TATION ~,AMPAM WAy PENETRATI'0N ROAD SECTION WiDTH 0 + O0 6" 24 FEET 1 + O0 4" 24 2 + O0 3 1/2" ;>4 3 + O0 4 1/;>'' 24 4 + O0 4 1/2" 24 5 + O0 4 1/2" 24 ~XZ~X;13CI~~ 5 + 42 4" TEPEE TRAIL iNTERSECTION ON WAMPAM WAY THE WORK OF STABiLIZiNG AND OILING THE ROAD SECTION AND THE TURNAROUND AT THE FAR END HAS NOT BEEN DONE BEYOND STATION $ + 55 AT THE iNTERSECTiON OF TEPEE TRAIL, A MEASUREMENT OF THE TURNAROUND AREA INDICATES THAT IT WILL HAVE A DIAMETER OF ONLY APPROXIMATELY ~ FEET WHEN THE WORK IS COMPLETED, SINCE THE TURNA- ROUND IS VERY CLOSE TO WATER~ IT IS RECOMMENDED THAT IT BE PROTECTED WITH A BARRIER ON ALL WATER SIDES. CHARLES ABRAHAMS P. O. BOX 765 TEPEE TRAI ~. ROAD SECTION  PENETRATICN WI DTH ' 4 1/2" 24 FEET 1 + O0 4 1/2" 24 2 + O0 4" 24 3 + O0 3" 23 4 + 00 3" 23 5 + O0 3" 21 6 + O0 2 1/2" 21 7 + O0 2 1/2" 22 8 + O0 2" 24 9 + O0 2 1/2" 24 10 + O0 4" 24 BOW ROAD 0 + O0 4" 24 FEET 1 + O0 2" 24- 2 + O0 3" 24 2 + 50 3 1/2" 24 ARROW LANE 0 + O0 3 1/2" 24 FEET 1 + O0 3" 24- 2 + O0 2 1/2" 24 2 + 50 4" 24 HIGHWAY SPECIFICATIONS HAVE NOT BEEN COMPLIEO WITH AS FOLLOWS: 1 - OUT BACK PENETRATION AS NOTED IN LOGS I$ INADEQUATE. 2 - WIDTH OF ROAD SECTION LESS THAN 24 FEET WHERE NOTED IN LOGS. 3 - DIAMETER OF TURNAROUND AS DESCRIBED ABOVE IS INADEQUATE. 4 - THERE ARE NO SHOULDERS. 5 - THE SHOULDER AREAS ARE COVERED WITH VEGETATION AND CONTAIN NUMER- OUS TREES AND SOME TELEGRAPH POSTS. 6 ~ THE CATCH BASIN INLET CURBINGS ON TEPEE TRAIL ARE ONLY 361-6" APART.' 7- THERE ARE NO CURBS ON EACH SIDE OF THE CATCH BASINS. 8 - THERE ARE NO CURBS AT INTERSECTIONS. RESPECTFULLY SUBMI TTED~ CHARLES ABRAHAMS, P,E. RAYMOND C. DEAN ~U~ERINTENDENT September 5~ 1969 TEL, 765oSt40 The Planning Board Town of Southold Southold, New York Gentlemen: The, roads are progressed enough to release the full bond to Henry J. Smith, the subdivision at Wunn~reta~ Laughing Water, Southold, New York. VLNry truly yours~/ RCD:a / RAYMOND C."D~AN September 10, 1969 v~s~J~ Albert ~rtochhia Greenpc, rt ~ ~..~'. Dear Sir$ Enclosed as req'ues~ed please find a copy of the highway specifications which are a~plicable to th~ subdivision "NuJ~akoma Waters"~ (fr~ ~'ile Ir~ P].~'.~;~.~-~ ~o~rd records) owned and developed by Henry Jo Smith~ near "Laughing Waters" Southold~ N.Y. Together ~,,~i~ +~ the cooies of Highway Suot. l~t' or and the _ ~ ~c~ ~ive the inform~ltlon which you requested, Eours tr~ ty ~uildlng Ins ~ector ~eport to: ~o~hold To~n soard ,,3reenport ~ ;~ew York Ge. hr l~me_ n ~ This is re, certify tl~at the followin9 action %~as taken by' ~he 5ou~hold Tc~n Plan:~i~ ~d at their x~ ~e~9 he~, on Apr~l 16, It W~ ~i~) that the S~ld Yo~ ];'l~n~ ~ard reco~ ~0 tile 5outhold T~n Bo~d ~o~e r~i~ ~ ~wre~e ~t~ll~ Constructi~a ang~eer~ {see att~hed es~:i~'~te), for ~e ~ld ~el~d by ~y J. S~th. Respe~tf ult¥ submitted, Henry ~k;i~a, Vice Chairman Southold Town Pl~nin~ Board a~tached sheet of the premises herein-after described; from said poin~ of beginning IxlrLqing (1) S. 76° 27' 00" W.--148.50 feet to a E.--1018.37 feet to ~he ordin~ high~ courses: (1) N. 76~ 3Y' I0' (4) N. 61~ 20' 10" W.~I20.0 f~5 N. 14~ 40' 30" E.~122.0 feet to ~nd ~ear~, three cou~es: (1) ~. 86~ 19' ~30" E.--22.91 feet; thence (2) N. 4' O~' 10" W.--18.0 feet ~ a monument '.and land of' Mealy: thence aI~ land of Mealy, N. ~ 59' ~0" E~1~.43 feet to land of ~ederick Auman: ~thence (2) N. 80~ 56' ~. E.~.9 ~ ~ a monument; thence alo~ ]~d of ~Biegan, land of ~te~o, land of Pa- lom~Ila and ~id land of B~ger, ~the time and place above s~cified. ~DAT~: MARCH 19, I~8 ~ BY ORDER OF ~E ~0~ ~WN P~N~ BOA~ JO~N WIC~AM. CHA~ COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK J C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ........ ~(,....~..~..~....~...~...~.._week~) successively, commencing on the ................ ~.. .................................. Sworn to be{or~ mo thb .......... ~ ....... d~y of ......... ........... / NOTICE IS HEREBY GI~, .~ that pursuant lo Section 276 of t, ho Town seYen tie lines: (1) N. 71° 17' 20" W.-- 30" W.--161.23 feet; thence (4) N. 44~ ., N. I9~ 55' 10' E--116.85 fee~ to a (4) N. 61° 20' 10" W.~120.0 f~t ~ a N. 14~ 40' 30" E.--122.0 feet ~ land o~ 30" E.--~.91 feet; thence (2) H. ~ 12' 00" E.~269.~ feet; then~ (3) ~. ~he~ce (2) N. 80' 56' ~" E.~.0 f~ ~to a monument; thence alo~ l~d of Iombella and said land of Buyer, S.' 12* 45 ~" E.--295.41 feet to a monu- ment; thence along said ia~ of Bul- ~the ~int of ~gin~ng. the time and place above s~ffied~ .~ BY oRDeR OF T~ ~O~ COUNTY OF SUFFOLK [ ss: STATE OF NEW YORK j C. Whitney Booth, Jr., being duly sworn, says that he is the Editor, of THE LONG ISLAND TRAVELER, - MATTITUCK WATCHMAN, a public news- paper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Mattituck Watch- man once each week for ....... ~(~.~.~.~..../..../..~.. week~ success ve o en ' / y, c mm cing. on the .............. ~;~ ..................... dayof ..... .......... ............. Sworn to before m~ this .......... .(. ........... d~y ....... ......... ......... r~c~. 52 304~000 ,(,~ c~ / THE SUFFOL~ WEF~L? T~ LEGAL NOTICE Notice of Hearmgs NOTICE IS HEREBY GIVEN that pursuant to Section 2?6 c~f the Town Law public ~earings will be held by the Southold Tow~n Plan-; nine Bc~a~ at the Town Offie%' Main Road, Southold, New York, in said Town on the 16th day of April, 1968, at 7:30 o'clock in the evening of said day on the qu~st~n~ of approval of the ~ollowing pl~f: Plat of p~aperty owned by Hel~ry J. Smith, entitled Laughing Water, Section II, consisting of a parcel of land of 16.08 acres, situated at ~Southuld, in the Tow~n of Southcfd, Suffolk ~County, 3{ew Ym'k, ar~:I breaded ~nd described as follows: BI~GII~N~NG at a point on the, westerly li~ne of Minneha'ha Boule- valid, at the soulheaster]y corne~ of land of Bulger and the n(~rtheast-~ emly corner of the premises herein- after desoribed; from said point of begfinning running alcmg said weet- erly line of Mir~nehaha Boulevard, S. 25° 00' E-72.15 feet to a monu- ment a.nd land r~w or f~rmerly of C. H. Wiekham; th,ance along said land and ~ulqng land of Lillian Hel- l,k, S. 80° 48' 30" W.-146.25 feet; thence along said lar~d' of Halleck two course~: (1) S. 76° 27' 00" W.- 148.50 feet fo a monument; thence (2) ~. 10° 41' 00" E.-1018.37 to the ardinary high water m~rk of H~g ~NeCk Bay; thence ~orthwester- ly ,along said high water mark as measured by the folIawing seven l tie line~: (1) N. 71° 17' 20" W.- 223.91 feet; thence (2) N. 45° 03' 40" W.-126.24 feet; thence (3) 66° 13' 30" W.- 161.23 feet; thence (4) N. 44° 00' W.-150.0 feet; thence (5) N. 28° 30' W.-150.0 feet; thencei (6) N. 24° 00' W.-150.0 feet; thencei (7) ~2{. 28° 48' 40" W.-140.0 feet to lanai o~ ~tack, ~hence along Said land of Stack, ti~ree courses: (1) N. 76° 37' 10" E.-203.78 feet; three (2) N. 1~ 49~ 00" E.-100.0 tk~t; thence (3) ,N. 88° 11' 00" W.-173~13 feet to land of Snellenberg, thence along said land of S~aellenberg, ~ourses: (1) N. 25° 44' 50" E.-19.23 feet to a monument; thence (2)N. 19° 55' 10" E.-116,85 feet to a monu- ment; the~ace (3) N. 11° 54' 40" 232.51 feet to a monument; thence (4) N. 61° 20' I0" W'.-120.0 feet-to a monument and land of Ballenger; ~thence along said land of Ballen- ge.r, ~q. 14° 40' 30" E.-122.0 feet to land of Pearson; thence along said land of Peavscm, three courses: (1) S. 86° 19' 30" E.-22.91 feet; thence '(2) N. 89' 12' 00" E.-269.40 feet; thence (3) 4° 07' 10" W.-18.0 feet to a monument and la,nd of Mealy; hence along said land of Mealy; N. 83° 59' 50" E.-197.43 feel to land of Frede~cick Auman; thence along ~aid land of Auman, two eourse~: (1) S. 9° 04' 00" E.-73.93 feet! thence (2) N. 80° 56' 00" E.-80.0 feet to a mon~rnent; thence along land cf Biegan, land ot Prieto, land of Pal- ombella amd .~aid land of 'Bulger,. S. .12° 45' 00" E.-295.41 feet to a mon- ument; thence along said land cf Bulgm', N. 81° 01' 30" E.-i30.91 feet to the point of beginning. Any person desirir~g to be 'he~rd .on the above subdivision should ap- pea,r at the time and pi:ace a:b~'/e ,specified. DAT~ED:. MARCH 19, 1966 BY OR- oP sou aoL TOWNI pLA, N~I,NG BOARD ,~OI~N WI(~KHAM, CHAII~MAN COUNTY OF SUFFOLK, ] STATE OF NEW YORK, k ss: · .~,...~.~mv~-~..~.-~. ....... being duly Sworn, says that' /;(/-..~.... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a news~per pub[ish~ at Greenport, in ~d countyr and ~at the ri'otis, of which the ,~e~ is ~ printed copy, has been pu,blished in the said Suf~lk Week~ Times once in e~ch week, for ........ .~.~ ............. week~ successively ~mmencing on ~e ... ~ - Swo~n to ~f~e me this . ~.' .... day of ...~ ....... 19~.~ J V · LEGAL NOTIOE Notice of Hsar~s NOTICE IS HEREBY GIVEN I that pursuant to Section 276 nt the Town Law public hearings wUi be held by the Southold Tow~ Plan- ning Boa~d' at the Town Office, ,Main: Road, Southold, New York, in said Tow~ on the 10th day of April, i96~, at 7:30 'o'clock in the eYening of said day on the question of approval Qf the ~otiowing plat: · Plat of l~oerty owned by He J. Sm/th, entitled Laughin6 Water ~i~ec. tton II c~rmisting of a parcel of ~land of 16.08 acre~, s/tuated .at :' ~uthoki, in the Tow~n of Su/folk County, Blew York, bounded ~nd' described as foUows: ~ BEG~ at a point on the westerly lh~.e of Minneha~na Boule- vard, at the south~sterly corner of land of ~tulser and the n~theast- arly corset of the premises herein- after desoribed; from saki point of be~nning runul~g slang gald vaest- erly line of Mieslehaha Boulevard,! S. 25° 00' ~-72.10 feet to a monu- ment a.nd land now or fm'merly of ~. I-L ~lokharn; thence alan8 said[ ~ock, 'S. 80 48 30" W.-146.25. feet; theflcp akmg said la,l. of Hallock two ~: (i) S. ?6° 27' 00" W.- 148.50 ~t to a monument; thence! (2) S0 10%~1' 00" ~.-1018..37 feat to the /krdinary high water mm'k of I'~g Bieek Bay; thence northwe~er- ly ~,long s~ig high water ma~k as measured by the -foll~wing seven~ tie lines:. ~!) N. ?1° 17' 20" W.- 223.91 fe~t; thence (2) N. 46° 03': 40" W.-126:24 feet; thence ($) 06° i3' *~0." W.- 1012S feet; thence (~)' BI. ~4 00' W.-160.0 feet; thence~ (~) N. iS, ~O! W.-i~0.0 feet; thence (6) N; ~' 00' W.-150,0 feat; thence (7) BI. ~8° 48! 40" W.-140.0 feet to 76 ~/' 1O, F.~Z~;?8 feetl ~2) R. 1~ 40t 00" R,-100.0 thence (I)~,N: 8~°~ 11~ I~1~,' W,-i?$.lS {along sl~Id lahd otr ~ell~n~erg, fou~ ~coures~: (1) N. 25° 44' 50" E.-19.23 ifeet to~ ~memu~ent; thence (2) N. ! 19° 55, 10' ~..116.8§ feet to a monu- men~; the=ce ($) N. 11° §t' 40" E.- 232.51 feet to a mo~unent; thence . (4) N. gF:. ~o' i0? W.-120.0 feet to a moreament and land Of Ba,llep8er; thence el~,,s~ld ~and Of Ballen- ~gez, N. 14° 40' 30" E.-122.0 feet to . lmad of Pearson; thence 'along saki land of Pein'stir, three courses: (1) S~ 86~ 19~ 30" E.-~2~)l feet; thence ($) N, 8b' 12' 00" E.-269.40 feet; thence (3) 4° 07' 10" W.-18.0 feet to *s menume~t and land of Mealy; hence ~lon~ saki land of Mealy; 83~ 59' ,50" E.-197~43 feet to land of Frederick Auman; thence along s~0id lanil of AumSn, twb courses: (1) S. 9° 1)4' DO" E.-79.93 feetl thence (2) IV. 80° ~6' 00"~E.,80.0 ~f~et to a monument; thance along ~la~l of Biegan, land ot Prieto, land of Pal- on'ihetla a~d ~id 1and of Bulger, .12° 45' 00 E.-295.41 feet to a mon- umenll thence aion~ said land of Bulger, BI, 81° 01' 30" E.-130.91 .feet to the point of begh~ng. . An~r person desiring to be aa the a/~ove subdivision should at the time aud place a,bove 19, 1966 BY OR- THE SOTj~OLD TOWN ltA5 COUNT%' OF SUFFOLK, ] STATE OF NEW YORK, ~ ss: J "'~' ~~.-~-~*~. ....... being duly Sworn, says that . .~-~.. · is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published =t Greenpart, in said county; and that the notice, of which the annexed is ~ printed copy, has been published in the said Suffolk Weekly Times once in each week, ~or . ..~Y~.. week~ successively commencing on the ....~..'~ dory of ... ~ ........ 19.~.~. ....... Sworn to before me this . JJotXae of iiearlJ~j I[OTX~B /J mT OXVB]I that pureunnt to ~ 276 ~ ~tor, ~ XX, ~s~g of a ~X of And of X6.~ ~s, m~aUd at ~d, ~~, at ~ a~~Xy ~r of ~d of Bu19~ and ~ n~d ~ of ~~ :u~ Ilug ~d westerly l~e of ~a ~X~d, 8. 25~ ~* l,- 72.15 bt ~ a ~nt ~d ~ ~ oz ~r~y of ~ am~d ~nd nd a~ ~d of ~o ~s (1) S. 76~ 27' 00" W.- ~.SO f~t ~ a ~tr ~n~ 12) S. ~0~ ~ h~h waUr mk of ~ Io~ by: M ~- fol~ng a~en t~e l~neez (~) E. 7~~ ~7' 20' w.- ~23.9~ f~F ~ (2) H. 45'~ 03* (3) H. 66~ X3' (6) u. 24" 30" W.- 161.23 feetr thence (S) N. 28~ 30' w.- 150.0 feet: thence 44° 00' thence (4) ii. (7) M. 28° 48' 40" i'LBASE I'UBL'rSH GIICU, A~XL 4, 1968, AIG) FCItWARD '~0 AIPIPXI)A~XTS CJI' iq;XBL.T~.ATXGii' TO THB IJ~ TOWM PLAHM~G ]BOARD, ¢oi~.eS mLLXed to t. he ~'o2.~.ov:Lng on AprL't ~., 3.968~ Tho boe~ bland ~avoler-Nattituc~ The Suffolk Weekly Henry ~. 8~tth Lefdert~ ~. Bdson, RAYMOND C. DEAN SUPERINTENDENT TE~.765-3140 January 25, 1968 The Planning Board Town of Southold Southold, New York Gentlemen: I have inspected the map and approve the lay-out of the proposed roads at Section 2, Laughing Water, Southold, New York. ~__ Va~y truly yours,./'~ ~/ RAYMOND C. DF. AN, RCD:a Sup't. of Highways Oj~c~r$ MAYOR ARTHUR LEVINE HERBERT L, KALIN SAMUEL KATZ WILLIAM J. QUINN GEORGE W. HUBBARD HARRY L. BELING qreen/oort, Suffolk County, y. March 19, 1968 ~enry J. Smith Peconic, N. _~. Dear 1,I~. Smith; ~ne Village Board inclines to favor the extension of its water system. As a policy declaration the Board ~11 agree to supoly water through any z;~ains of a prooer size for the location, the cost of the laying of which is paid for by the persons requesting to be suoplied therefrom. The Board is ready to negotiate a main between South Harbor Lane and Laughing Water - Section 2 with all interested parties. If I can be of further assistomce, please call. Very t~ul~., yours, Supt. of ~blic Utilities VAN TUYL & SON GREENPORT. NEW YORK ~1944 Febr~mry 23~ 1968 DESCRIPTION: Laughing Water, Section II Beginning at a point on the westerly line of Minnehaha Boulevard, at the southeasterly corner of land of Bulger and the northeasterly corner of the premises herein-after described; from said point of beginning running aloug said westerly line of Minnehaha Boulevard~ S. 25 O0t E. - 72,15 feet to a monument and land now or formerly of C. H. Wickh~a~; thence along said land and along land of Lilliam Hallock, S. 80 48' 30" W. - 146.25 feet; thence along said land of Hallock,two courses: (1) S. 76° 27' 00" W. - 148.50 feet to a monument; thence (2) S. 10° 41' 00" E. - 1018.37 feet to ordinary high water mark of Hog Neck Bay; thence northwesterly along said high wa. ter mark as measured by the following seven tie lines: (1) N. 71° 17' 20" W. - 223.91 feet; thence (2) N. 45° 03' 40" W. - 126.24 feet; thence (3) N. 66© 13' 30" W. - 161.23 feet; thence (4) N. 44° 00' W. - 150.0 feet; thence (5) N. 28° 30' W. - 150.0 feet; thence (6) N. 24° 00' W. - 150.0 feet; thence (7) N. 28° 48' 40" W. - 140.0 feet to land of Stack; thence along said land of Stack, three courses: (1) N. 76° 37' 10" E. - 203.78 feet; thence (2) N. 1° 49' 00" E. - 100.0 feet; thence (3) N. 88° 11' 00" W. - 173.13 feet to land of Snellenburg; thence along said land of Snellenburg, four courses: (1) N. 25° 44' 50" E. - 19.23 feet to a monument; thence (2) N. 19© 55' 10" E. - 116.85 feet to a monument; thence (3) N. 11° 54' 40" E. - 232.51 feet to a monument; thence (4) N. 61° 20' 10" W. - 120.0 feet to a monumen~ and land of Ballenger; thence along said land of Ballenger, N. 14 40t 30" E. - 122.0 feet to land of Pearson; thence along said land of Pearson, three courses: (1) S. 86° 19' 30" E. - 22.91 feet; thence (2) N. 89° 1'2' 00" E. - 269.40 feet; thence (3) N. 4° 07' 10" W. - 18.0 feet to a monument and land of Mealy; VAN TUYL & SON GREENPORT, NEW YORK 11944 RODERICK VAN TUYL. thence along said land of Mealy, N. 83° 59' 50" E. - 197.43 feet to land of Frederick Auman; thence along s~id l~nd of Auman, two courses: (1) S. 9° 04' 00" E. - 73.93 feet; thence (2) N. 80° 56' O0"p~.~ - 80.0 feet to a monument; thence along land of Biega~, land of eto, land of Palombella and said land of Bulger, S. 12v 45t O0" E. ~ 295~41 feet to a monument; thence along said land of Bulger, N. 81 014 30" E. - 130.91 feet to the point of beginning. Oontaining 16.O8 acres. VAN TUYL & SON JSS/mg To: Howard Terry APPLICATION FOR APPROVAL OF PLAT \'~_,(~ tcl t~ (, ~ To the Planning Board of the Town of Southold: ~ ~' The undersigned applicant hereby applies for (tentative) (d,m~l) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 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 the subdivision is to be .................................................... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber 5898 Page 499 On January 21, 196;6 Liber ........................ Page ....................... On ....................... ; L{her ........................ Page ....................... On ....................... ; Liber ........................ Page ....................... On ....................... ; *as devised under the Last Will and Testament of ....................................... or as distributee 5. The area of the land is .. Ap$;rO~o..1.7.... acres. 6. All taxes which are liens on the land at the date hereof have been paid except . .none,... 7. The land is encumbered by . On~..P~r~i..O~..t. tke.. J_.a..n.d..ks...e..n.c..ur0:..b..e.r..e.d...b.~; .... mortgage (s) as follows: a mortgage in the amount of $60,350.00. (a) Mortgage recorded in Liber .............. Page ................ in original amount of $.60i .3.50..-00.. unpaid amount $60.,3.5. Q,.QQ ...... held by $.t.a..n.t..o.n...M..o.t..t..a..n.d... Gladys M. Mott ........................... address . .SO.Ut-hold,..N. eW..¥~.17k ......................... (b) Mortgage recorded in Liber .............. Page ................ in original amount of ................ unpaid amount $ .................. held by ......................... ........................... address ..................................................... (c) Mortgage recorded in Liber .............. Page ................ in original amount of $ .............. unpaid amount $ .................. held by ......................... ........................... address ..................................................... 8. There are no other encumbrances or liens against the land except .... .n.o.n..o.: ............... 9. The land lies in the following zoning use districts .3,...~..R..o.s. Jr..d.o..n.~..i~ .................. i0. No part of the land lles under ~vater whether tide water, stream, pond water or otherwise, ex- cept . .~Qn~. ........................................................................... I1. The applicant shall at his expense install all required public improvements. 12. The land (~ll~s~ (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is 13. Water mains will be laid by . .none.. ..................................................... and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ...Lilco ................................ ..................................... and (x) (no) charge will be made for installing said Iines. 15. Gas mains will be installed by .. riO12q~, .................................................. 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. Does not apply. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. See sllrvoy attached. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant ~vilI 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". The lots will be conveyed by Lot Number only. 22. The applicant estimates that the cost of grading and required public improvements will be $ .......... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .............. years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE .. i~lO.V, e411b~lT..~., ............ 19.6..6. (Name of/~l~cant) Henry J. Sra~_th (Signature and Title) · .R. 9.b..i.n..s.o.n.. B9.a..d.. (.n.9' .n..rog..b..e.r. ).~' .P..e.c. 9.n. ic, N, Z. (Address) STATE OF NEW YORK, COUNTY OF ...SJ0. ff. olk .................. ss: On the .... .2.9..t.h. ...... day of ...~..O.v....e~..??. ............. 19. ..... 66 , before me personally came ...... H~l;ll:;y. J,..$Ill±:k.,h .................. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that .... ha ..... executed the same. PAINE EDSON PUBLIC, State of New / STATE OF NEW YORK, COUNTY OF ................................ ss: On the .................. day ............ of ............... 19 ...... , before me personally came .............................................. to me known, 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 corporation. and that .............. signed .............. name thereto by like order. Notary Public SCHEDULE "A" PARCEL I ALL that certain plot, piece or parcel of land, situate, lying and being at South Harbor, Southold, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at an iron pipe on the westerly line of Minnehaha Boulevard marking the division of land of Rios and land of Stanton Mott and Gladys M. Mott, his wife; running thence along the said westerly line of Minnehaha Boulevard South 8 degrees 00 minutes East 70.00 feet to a monument and land of Biegan; running thence along said land of Biegan South 80 degrees 56 minutes West 101.95 feet to a monument; running thence along land of Biegan, Prieto, Palombella and Bulger South 12 degrees 45 minutes 00 seconds East 295.41 feet to a monument; running thence along said land of Bulger North 81 degrees 01 minutes 30 seconds East 130.91 feet to the westerly line of Minnehaha Boulevard; running thence along the said westerly line of Minnehaha Boulevard South 25 degrees 00 minutes East 72.15 feet to a monument; running thence along land of Hallock three courses as follows: (1) South 80 degrees 48 minutes 30 seconds West 146.25 feet to a monument; (2) South 76 degrees 27 minutes 00 seconds West 148.50 feet to a monument; (3) South 10 degrees 41 minutes 00 seconds East 1018.37 feet through a monument and across Corey Creek to the ordinary high water mark of Hog Neck Bay; running thence along the ordinary high water mark of Hog Neck Bay, the tie line of which course is North 61 degrees 39 minutes 10 seconds West 572.36 feet to land of Williams and Terry; running thence along said last men- tioned land, two courses as follows: (1) North 3 degrees 11 minutes 20 seconds West and through a monument 945.62 feet to a monument; (2) North 61 degrees 20 minutes 10 seconds West 196.50 feet to a monument and land of Ballenger; running thence along said land of Ballenger North 14 degrees 40 minutes 30 seconds East 101.60 feet to land of Pearson; running thence along said land of Pearson three courses as follows: (1) North 86 degrees 19 minutes 30 seconds East 22.91 feet; (2) North 89 degrees 12 minutes 00 seconds East 269.40 feet; (3) North 4 degrees 07 minutes 10 seconds West 18.00 feet to a monument and land of Woodward; running thence along the southerly boundary of land of Woodward, which boundary is also the northerly line of an old road, the tie line of which runs North 83 degrees 59 min- utes 50 seconds East 273.06 feet to an iron pipe and land of Rios, first above mentioned; running thence along said land of Rios North 80 degrees 52 minutes 00 seconds East 107.76 feet to the iron pipe on the westerly line of Minnehaha Boulevard at the point or place of BEGINNING. PARCEL II ALL that certain lot, piece or parcel of land, situate, lying and being at South Harbor, near the Village of Southold, Town of Southold~ County of Suffolk and State of New York, bounded and SCHEDULE "A" (Continued) described as follows: BEGINNING at a monument on the northwest corner of said premises adjoining land now or formerly of Stanton Mott on the North; running thence along said land of Mott, the following three courses and distances as follows: (1) South 61 degrees 20 minutes 50 seconds East, 196.5 feet to a monument; thence (2) South 3 degrees 11 minutes 20 seconds East, 514.55 feet to a monument; thence (3) continuing on the same course 500 feet, more or less, to Little Peconic Bay; running thence in a northwesterly direction along Little Peconic Bay 600 feet, more or less, to land formerly of Storey, now or formerly of Snellenberg; running thence along said last mentioned land four courses and distances as follows: (1) North 25 degrees 44 minutes 50 seconds East, 140 feet, thence (2) North 19 degrees 55 minutes 10 seconds East, 116.85 feet; thence (3) North 11 degrees 54 minutes 40 seconds East, 232.51 feet; thence (4) North 61 degrees 20 minutes 10 seconds West~ 120.00 feet to a monument and land now or formerly of Dr. Daley; run- ning thence along said land of Dr. Daley, North 14 degrees 40 minutes 30 seconds East, 20.40 feet to the monument at the point or place of BEGINNING. That only cna single family dwellinf~ b~use for residential purposes containing at least 1CO0 s~[usre feet of ]~ving area, and s priVale gara~;e for fa~ilI u~e .~n~y. shall be built on ~hesc prev~ises. No trailer, tents or csmplng shall be permitted, and no occupancy of say suc?~ aw~ll~n~ ~i.~u~e sh~ll b~ permitted ~til tee outsi~ie ~nd the roof sh~ll be fully and completely finished ~nc p~inted. No trado, craft, business, manufacture, industry, commerce or profession (medical sad dental professions permitted) includ- in6 hotels, boarding and rooming houses, shall be conducted on said premises. No nuisances nor nois,~s of any kind ~unwholeso~]e and offensive to the neig.~bornooa, shali be permittea to exist on said prem- ises, nor sna!l any ac¢~±mulation of rubbish, garbage, junk or materials of any kind be permitted to remain on said premises. No advertising signs, billboards or other sign devices shall ~ ~¢. ~,~'~m on say ol said lots, excepting s developer's sign or ~ "fo: sale" or "for r~nt" s!6n of reasonable dimensions. No fowl, ?.ultry, animals or livestock ~hatl be ~ept on said premises e~cept domestic houaenolm pets. Said [remises shall be subject to electric, electric li~ht, gas, water, and telephone easements on the surface or below the surface along the roadway or lane adjacent to said prem- ises. 1~. No sand, earth or sod shall be removed from the premises, or excavstion be allo'-~ed to remain open theroon, except as may be nocessar~ d~ring building construction periods. No fence shall be erected or maintained on any lot over foUr feet in heigjut. Fences shall be picket, ranch type or privet only. No title tn and to the bed of any private road on said tract of land bordering said premises is herein conveyed to the ~.sntee. The ~-antor retains the said title, and also the right to dedicate and convey the said title to the Town of Southold, or in his sole discretion, to convey said title to an asaoci~tion of owners of lots of a~id tract. The grantee herein agrees to pay a beach maintenance charge ermually, not to exceed $2~.00, to the grantor, his heirs or sasigns, ~or the upkeep of t~ beach area and the approach to it, as sh~ in said map. In the event the grantor, his heirs or assigns, ~onveys said approach road and beach area to an association of the then owners of lots as shown on said map, ~aid associ~tlon shell thereupon become the obligee of this covenant. The said oovenants and restrictions are hereby declared to be coveuants and restrictions attached to and running with the land, and shall expire of January, 1981. Frea~ water and sewage disposal systems shall be erected in c~w~formity wltlh regulations of the Suffolk County Department of Realth. January 1967 5877- TO WMO~ IT MaY OON('FRN' Application na~. Oeen made by ~9. HENRY J. SMITH, Peconic, New YorK, 11958 for ~ De~partment of the Army permit to dredge in HO0 ~ECK BA¥~ blTTLE PECONIC BAY AT SOU~HOLD, SUFFOLK COUNTY, NEW YORK~ A copy of the plans of the proposed work is shown in the reverse of this shee~o The applicant proposes to dredge an irregular-shaped area to a depth of 5 feet below mean lo~ water. The dredged material approximately 15,000 cubic yards will be deposited on the adjoining upland. The determination as ~o whether a permit will be issued must rest primarily upon the effect of the proposed work on navigation. However, other pertinent factors, including fish and wildlife conser- vation aspects, will be accepted and made part of the record and will be considered in determining whether it would be in the best public interest to grant a permit. Any criticisms or protests regarding the proposed work should be submitted prior to 1 February 1967, otherwise it will be presumed that there are no objections. (Ove r ) R. T. BATSON Colonel, Got'ps of Engineers District ~ngineer Trustees cf the ]own of Southol] Town Hall gout ho] d, ouffolk Coun'~v, '~;ew York. ] nave been advised that i~k". Henry ~ res~nt r,f your Towel has rrac]e aonllcat]o, CreeR: also ?alled "Yho Channel", and whici] Harbor area of your Town. On behalf of my client, Lilltan Ha]lock, who land next easterly of the oroDerty of Henry J. Smith a,,d whose property extends from near the edge of the woods a% i~s north- erly end, southerly to Little Peconic Bay, and which con. of upland, land under the waters of Corey's Creek, meadow land and beach, I would a~vise that she will not oermit of any dredging or disturbance of any part of her orooerty. If a meeting is held by yo~' ~oard, >r other aopropriate body, for th~? ouroose ~.;f considerlr:g such aoplicat~on 'by ~r. Smith, i would greatly ap~reei~te it if you would give me notice of It so that I could he ~resent. If possible could you ~¢nd ~e a ~oov ' f the ~ppiicatlon which was :;adc by ,~r. Omlth. TOWN OF SOUTHOLD BOARD OF TOWN TRUSTEES TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ............................ 19 ...... Application No ............. Permit No .................... Approved ........................................ Disapproved a/c ........................................................................................ .................................................... chairman, Board of Trustees APPLICATION FOR PERI, AlT INSTRUCTION8 A. This application to be completely filled in by typewriter or in mk and submitted I*) the Town Trustees i~ dul~ licate. B. Plot plan showing location of lot and buildings on premises, relation to adjoining premises, public streets parks, etc., and giving detailed description of proposed layout of project must be drawn on diagram which is of this application I). Upon approval of this application, Town 'I'rustee~ ~III issnt' ,, ,,t,.*.; , appm:~ :mc!, t,,,'~' ' .hal~ be kew on the premises and available for inspection at all times. E. Applicant shall notify the Board o~ Trustees upon e.mpletnm of the work c.~ered by permit ~ppLIG~TIO~ IS HgRgBY ~A[)g to the Board of Trustees o~ the Town o{ Southold. Suffolk County, New York. for the issuance of a ~rmit prrsuant to the laws, Ordinances and reFulations governing construction of: d~ks, piers, bulkheads, jettys and dred~ng in, under, and over the waters of town of Southold. The applicint 1o comply with all applicable laws, ordinances, re~l~tions and conditions s~cified by said trustees, &nd to hold the Town of Southold. and all Town officials free ~rom liability and damages of any kind. Name of owner of premises ~--~'~"' ~ .... ~ 'g ~ ....................................... Street Address of Property ..... ~ · ~' ~ ............................................................. Home address If Other Than Location .. ~ ~)' '~ 1' ~ ;'~ ........................................ Creek, Bay .t Harbor Fronting Property ~-~ .~~' ~' ~ ]' '~' ~'" '~'~' .......... ' · -~-, ~d* ~; ~ ~o ~~ ........................................... Permit .... ~ t ~ Width J~ ~ ..Heighth Above High W~ter.:~.,. Pro~)sed ~ rk: t.engm.~ ~ ............ Size of Depth Below Low Water..~.. ~-.Avenge ~se In Tide.~. ~..Yards to Be Ex~vated~/~ width of Ca,~, C~ o~ ~ty...~. ,~-~ L<~ ..... ~,th ~t Lo~ TiO~ .<.~ ......... Complete plot plan to be drawn on reverse side of this application. ST&Tg o~ NgW YORK ) )s.s. ¢OUNTY~ ~ . work will be done in the m~nner set forth in the ~ppliemtion and as ~pproved by the Boa~ of Tin,tees of the Town o{ ~, and the appli~nt a~ees to hold the Town o{ Southold and said trust.s h~mless and ir~ from any and ~11 dimlges ~nd claim~ arising under or by virtue of said ~rmlt. ........ ./, ~ (.ppli~nt) .... ¢. f. ..... a. LEFFERTS PAINE EDSON SOUTHOLD, N* Y. 11971 December 6, 1966 Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Dear Sirs: We enclose herein in duplicate an application made by Henry J. Smith for tentative approval of a sub- division map for submission and discussion at the next meeting of the board. Mr. Smith and Mr. Van Tuyl have been working on the layout for some time and Mr. Van Tuyl's office informs me that their preliminary work will be prepared for submission at the next meeting also. Mr. Smith's check ~8316 to the order of the Town of Southold in the amount of $135.00 in payment of the fee is attached to the application. LPE/mhk Encs. s P. Edson APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the To~vn of Southold: The undersigned applicant hereby applies for (tentative) (~l~--l) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold To~vn 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 the subdivision is to be... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber . 5[~1~5 ................. Page .0.5 ................... On ~.q~...ql~e...~...~..~,. Liber . .~.[}.~.{i ................. Page . .4.~.~. ................. On .~..~...1~...~?...~.~.q....~.~..~.~ Liber ........................ Page ....................... On ....................... Liber ........................ Page ....................... On ....................... Liber ........................ Page ....................... On .................. as devised under the Last Will and Testament of ....................................... or as dlstributee 5. The area of the land is ...~ll~'l~[~,.. 1.'1[... acres. 6. All taxes which are liens on the land at the date hereof have been paid except . .~.... 7. The land is encumbered by .0~e..][l~l~l..O£..~.he..1.~1~ .~. ~~ .~ mortgage (s) as follows: (a) Mortgage recorded in Liber .............. Page ................ in original amount of $.~ ~.,00. · unpaid amount ~.,~*.O0. ..... held by 8~. ~..~.. ........................... address . .hl~g~..1~ .I~ ......................... (b) Mortgage recorded in Liber .............. Page ................ in ori~nal amount of ................ unpaid amount $ .................. held by ......................... ........................... address ..................................................... (c) Mortgage recorded in Liber .............. Page ................ in original amount of $ .............. unpaid amount $ .................. held by ......................... ........................... address ..................................................... 8. There are no other encumbrances or liens against the land except .... 111..~1..~.~ ............... 9. The land lies in the following zoning use districts .~..-.. ~ll~.~..~...~.~. .................. 10. No part of the land lies under water whether tide water, stream, pond water or other~vise, ex- cept . .~lo .......................................................................... 11. The applicant shall at his expense install all required public improvements. 12. The laud ~ (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is .............................................................. 13. Water mains will be laid by . ~le~, ..................................................... and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ...lg[~CO ................................ ..................................... and (~) (no) charge will be made for installing said lines. 15. Gas mains will be installed by .. Ill;l~ .................................................. 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. D~$ 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. I9. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". The 10t,8 wILl1 be clOl~Ylflred b~ LOt, lJll]l~lF 22. The applicant estimates that the cost of grading and required public improvements will be $ .......... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .............. years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE .. M~ffi.~..29.,. ........... 19.*~ "~ ~¥~"~)/" ' ¢~' ~'~' '~'5.' .......... (Name of Ap~cant) ~ 0' .' ~lU[g~l (Signature and Title) (Address) STATE OF NEW YORK, COUNTY OF ...811~}]J~ .................. ss: On the .... ~ggl~ ...... day of ..~..O~..~ ............. '19..~.~.., before me personally came ...... ~- 0',..~lll~gll .................. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that .... i~O ..... executed the same. -~. -- ~rcn Jo, j~e7 Notary Public STATE OF NEW YORK, COUNTY OF ................................ ss: On the .................. day ............ of ............... 19 ....... before me personally came .............................................. to me known, 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 corporation. and that .............. signed .............. name thereto by like order. Notary Public PARCEL ! ALL,hat certain plot, piece or parcel of land, situate, lying and being at South Harbor, Southold, Town of Southold, County of Suffolk and State of New York, bounded and described es follows: BEGINNING at an iron pipe on the westerly line of Mlnnehaha Boulevard marking the division of land of RiOS and land of Stanton Mort and Gladys M. Mort, his wife! running thence along the said westerly line of Mlnnehaha Boulevard South 8 degrees 00 a~nutss East 70.00 feet to a monument and land of Blegen; running thence along said land of Bieg&n South 80 degrees ~6 minutes West 101.95 feet to a monument; running thence along land of Blegan~ Prieto, Palombella and Bulger South 12 degrees 45 ~/nutes 00 seconds East 295.41 feet to a monumentl running thence along said land of Bulger North 81 degrees 01 minutes 30 sec~ East 130.91 feet to the westerly line of Minnehaha Boulevard; running thence along the said westerly line of Minnehaha Boulevard South 25 degrees 00 nu~nutes Sast 72.15 feet to a monument; running thence along land of Hallock three courses as follows: (1) South 80 degrees 48 minutes 30 seconds West 146.25 feet to a monument; (2) South 76 degrees 27 minutes 00 seconds West 148.50 feet to a monument; (3) South 10 degrees 41 minutes 00 seconds East 1018.37 feet ~hrough a monument and across Corey Creek to the ordinary high water mark of Hog Neck Bay; running thence along the ordinary high water mark of Hog Neck Bay, the tie line of which course is North 61 degrees 39 minutes 10 seconds West 572.36 feet to land of Williams and Terryl running thence along said last men- tioned land, two courses as follows: (1) North 3 degrees 11 minutes 20 seconds West and through a monument 945.62 feet to a monument; (2) North 61 degrees 20 minutes 10 seconds West 196.50 feet to e monument and land of Ballenger; running thence along said land of Ballenger North 14 degrees 40 minutes 30 seconds East 101.60 feet to land of Pearson; running thence along said land of Pearson three courses as follows: (1) No~th 86 degrees 19 minutes 30 seconds East 22.91 feet! (2) North 89 degrees 12 minutes O0 seconds ~S~ 269.40 feet; (3) North 4 degrees 07 minutes 10 seconds West 18000 feet to a monument and land of Woodward; rumting thence along the southerly boundary of land of woodward, which boundary is also the northerly line of an old road, the tie line of which runs North 83 degrees 59 min- utes 50 seconds East 273.06 feet to an iron pipe and land of Rios, first above mentioned~ ru~ning thence along said land of Rios North 80 degrees 52 minutes 00 seconds East 107.76 feet to the iron pipe on the westerly line of Minnehaha Boulevard at ~he point or place of BEGINNING. PARCEL II ~T.~. that certain lot, piece or parcel of land, situate, lying th H r r nee the Village of Southold, Town of ~C~S~ ~U~Of ~Ik an~ State of New ,o~k, bounded and SCHEDUI~ ~A" (Continued) described as follows~ BEGINNIN~ at a monument on the northwest corner of said premises adjoining land now or formerly of Stanton Mort on the North! running thence along said land of Mort, the following three courses and distances as fullows~ (1) South 61 degrees 20 minutes 50 seconds East, 196.5 feet to a monument~ thence (2) South 3 degrees 11 minutes 20 seconds East, 514.55 feet to a monument~ ~hence (3) continuing on the same course 500 feet~ more or lees, to Little Peconic Bay! running thence in a northwesterly direction along Little Peconic Bay 600 feet, mOre or less, to land formerly of Storey, now or formerly of Snellanberg~ running thence along said last mentioned land four courses and distances as follows= (1) North 25 degrees 44 minutes 50 seconds East, 140 feet, thence (2) North 19 degrees 55 minutes 10 seconds East, 116.85 feetr thence (3) North 11 degrees 54 minutes 40 seconds East, 232.51 feet~ thence (4) North 61 degrees 20 minutes 10 seconds West, 120,00 feet to a monument and land now or formerly of Dr. Daluy~ run- ning thence along said land of Dr. Daley, North 14 degrees 40 minutes 30 seconds East, 20.40 feet to the monument at the point or place of BEGINNING. ~:-~1 a :-ri','ate d?ra;;o for ~mtl[ t~o utsi:~, sad t~,s rc~:f z:~all b~ fully an: ccmple~ly Ss' ~ · [r~m:!~'os ~,.,~a.~: be subject to electric, electric li~t,· .a ~a~e along the roadway or lane adjacent to said erem- ites. !~. No scud, earth or sod ~?~all be rom:wed from toe excavation be allo-~ed to rs:~.al~ o?ell lhereon, except as r, ay b~ mr~. ~ lai,-,!~nz, construction periods. Nc fence ahal] b9 erected or maintained on amy lot over' four feet in L,~i~ht. 2'omccc snnli tJ Fick~Jt, ranch t73c~ or privet No title l.n and to tko ke~ uf any prlw~to roa~l on said tract of land borJcrlng said preml~o~ ia herein convay~ to the ~rantee. Tho grantor r~t~tns th~ said title, an also the ri[~ht to Codi~te and c~nvcy t"';o said +it/e to if,, Town of South'>Id, or lu h~o ~cle ,.ilocrotlon, t~ c:~nvoy s,ld titl. to an as~'_,ci~tlou <)f c,~.e:'s of ]o~s cf said tract. £h~ Krani.¢o herein ~greea to pay s 2eac~ maintenance chsrgu ~r~ua]ly, not to exceed ~2~.00, to the grantor, his heirs or aszi~.~, for tko upk~p of t~ bosch area and the aplroaci~ to it, ss sk<:~ ~n said m~p. In t~,e event th.~ gr~ntor, his h~Irs or assJg~, convoys said ~pros:h road and beach area to sn association o" the thou o~ners of lots as sho~ on sa ,'. map, ~id s~so~istlon shall thereupon become th~ obliges o~ thl~ covenant. The said covenants and re~trlctions are hereby declared to be ~o~'enants and restrictions attac,h~d to and rtunnln, g with the lard, cad shall expire of Jsnusr[, 19~I. ~een water an.l sewage dis]:o~a! systems s~h~ll be erected in c~fo~.~ity wltn regula~!o~s cf thc Suffolk Cotmty Department of 5ealth. LAWREN[~IE M. TUTHILL 26, 1968 Maln Read Sou~hold, New Yo~k Engineer's e~lmete for bond fo~ reeds for Leughlne Waten Sm:tlon II et Southold, N.Y. Land Clearing bush Gq,ding fine GNding Surfeolng Cu,~s L4q~lng hsim Ncl~B 800 C.Y. @ $.75 2,500 L.F. (~ $.40 2,.500 L.F. ~ $5.00/1.F 420 L.~. @ S~.00/I.f 4@ $1,500 period 600.00 1,000.00 12,500.00 2,100.00 6,000.00 1,000.00 Iblpeetfully submitted, Lewmnee M. Tuthlll LAWRENC~£ M, TUTHILL March 26, 1968 Southoid Town Planning Board Main Road Southoid, New York Engineer's estimate for bond for roads for Laughlng Waters Section IJ at Southold, N.Y. Land Clearing Rough Grading Fine Grading Surfacing Leaching Basins Administrative Costs None 800 C.Y. @ $.75 2,500 L.F. @ $.40 2,500 L.F. @ $5.00/LF 420 L.F. @ $5.00/LF 4@ $ ,500 Increase Costs over 3 yr. period Recommend bond of $26~000.00 600.00 1,000.00 12,500.00 2,100.00 6,000.00 1,000.00 2,200.00 $25,400.00 Respectfully submitted~ Lawrence M. Tuthlll ¸,2, d I ! N,8619 ~O"E.- AT 50UTHOLD TOWN OF 50UTHOLD N,Y, MAP OF NN_, K ,MA WATERS O'V, ZNED AND DEVELOPED BY HEN D-.Y J. SM I"FH PECJDN lC ~ N.y. SCALE IOOF're. = I IN. A~-- 16,083, ACRES B'-MONUMENT WE NF--REBY CERTIFy '~HAT THIS MAP WA5 M&PE F~OM ACCel BEEN DET AT ~INTS DHOWN THUD: ~ VAN TUYL~N N,YDT~¥E LICENDF_ ¢. 5OUTHOL~) TOWN PLANNING P~soN K_FY .5'~-,~ /~ MEALy __SO "E,- f 97.4-~ ~ N,'T6" 57'10'fE., ^UNAN BIEOAN ~' t 155,98 WAy 14.8,50 146.25 N ,'~9° 19100"E. I~,S.Oo - IsS,oo ONE YEA~..OF TH~ ABOVE. Api:I.i~:}VAl DATEi, UPON TH~. ~PI~TION Of ~IS CERTI f~% QFAPP~VAL~ APPLI~TI ON ~R:~NEWA L SHALL ~E 5UB~ I~ED ~ TH E ~F~LK ~UN~, ~E~T~ EHT OF H~LTH,AP~VAL OF ~EN EWAL APPLICATIO~ ~ALL THE ~UI~M~N~IN ~ k ~¢ATTNETIMEOF FLUNG 5~H APPLI~TiO~. ~TION I I I~ O~ THE PUBLIC H~LTH ~ AND 5~TIOH ' N~E: ~E ~N~WI~ ~T&I N O~NE~HIP ~F ~ ~I~TO~.DIv;OF E~VI~N ~E~ ~ :1