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. ' . SU~FOLI( COUNTY DEPARTMENT OF HEALTH ~[~[~'l(~r~. ' ",- : , JUL 0 ~ ~ ~r~ IS l~o~ ~ ~ ~culmml " ~ (~ and ~woge disposal {or ~( )A~( ~l ;~ ~ S~,eclo a~l~sis ~u ~ ~m. ,~ , ~ , .~ / Sanitary Code. ~ . ~ ~ ..,,~ X ~ ~ ~ ~ ~ - Lot ~ TOWN OF ,,o,~,~, ,,,, COUNTRY CLUB ESTATES ~OAD TYPICAL WELL DETAIL ~YPICAL SEWAGE DISPOSAL SYSTEM TYPICAL PL 0 T PLA~ HOWARD W. YOUNG, LAND SURVEYOR D T~ Southold, N.Y, 11971 (516) 765-1938 August 7,1984 Mr. Gary Flanner Olsen Attorney at Law Main Road Cutchogue, NY 11935 Re: Country Club Estates, Lot No. 32 Dear Mr. Olsen: The following action was taken by the Southold Town Planning Board, Monday, July 30, 1984. RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled "Country Club Estates, Lot. No. 32" located at Cutchogue was submitted to the Planning Board on June 15, 1982 and, fi~ing fee was paid on December 15, 1982 WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York, on March 12, 1984 at 8:30 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of "Country Club Estates, Lot 32" for approval of said subdivision plat prepared by Howard Young and last dated May 4, 1984, be approved and the chairman be authorized to endorse approval on said subdivision plat subject to the following conditions to be met within six (6) months of this resolution: 1. Filing of the covenants and restrictions with the County Clerk as approved by the Town Attorney. Upon receipt of notice that this has been done, the Chairman will endorse approval on the map. Very truly yours, Bennett Orlowski, Jr., Chair~n Southold Town Planning Board AUG 14 19611 · LO'~ j DECLARATION OF COVENANTS AND RESTRICTIONS This declaration made this'/'~,~ day of "~'~'~,~ ]~84, by COUNTRY CLUB ESTATES, a partnership with its principal place of business at One Country Club Drive, Cutchogue, New York. W I TNESSETH: WHEREAS, COUNTRY CLUB ESTATES is the owner in fee simple of certain premises in the Town of SouthoId, County of Suffolk and State of New York, known and designated on a certain map entitled "Country Club Estates", Lot #32, a subdivision situate at Cutchogue, Town of Southold, County of Suffolk and State of New York, filed in the Office of the Clerk of the County of Suffolk as Map Number 6736 on the 17th day of October, 1978, and WHEREAS, COUNTRY CLUB ESTATES has obtained approval from Southold Town Planning Board to divide said Lot #32 into a 2-lot minor sub-division, and WHEREAS the said Southold Town Planning Board as a condition to said approva! to the 2-lot minor sub-division has required the filing of certain Covenants and Restrictions; NOW THEREFORE, COUNTRY CLUB ESTATES declares as follows: l. That no further sub-division will be made of the subject premises, without prior Planning Board approval. 2. That there shall be no access to the lots from the Main Road. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) COUNTRY CLUB ESTATES On the~ day ofL~ ~r~-~,~.yb) ]984, before me personally came PHILIP BABCOCK to me known to be the person who executed the foregoing instrument, and who being duly sworn by me, did dpose and say that/h.~ is a member of the firm of COUNTRY CLUB ESTATES, a co-partnership, and.L~hat~he executed the foregoing strument in the firm name of COUNTRY CLUB~TATES, and that he had authority to sign the same, and he acknowledged to~that he,executed the same as the act and deed of said firm for the uses a~q~pucpose~therein mentioned. Notary//PL~blic . STATE OF NEW YORK County of Suffolk SS,: JULIETTE A. KINSELLA, Clerk of the County of Suffolk and Clerk of the Supreme Court of the State of New York in and for said County (said Court beino~a Court of Record) DO HEREBY CERTIFY that I have compared the ann. axed copy of ~j~-~ ~',~ d~-.~,~-~'-/3,1:~,'~v' ~ 3:30 ~.m ~ ~ ~ p. and that it is a just and ~rue copy of such original ~ and ~~/of the whole thereof. ~~~~IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said ~:, j~~.unty and Court th~s / 3 day of ~ 19 ............................ ....... [-. ~. ~ Clerk. 8'IAUI~I3 P3:30 JUL,~ l~ ~-,i~ELL~ CLERK OF SUFFOLK COUNTY TOWa SO; T OL9 N.o 8 Suffolk County, New York MINOR SUBDIVISION 11. 12. 1. 6 copies sketch plan received spot elevations sent to Planning Board 2. Meet with Planning Board 3. Required changes sent in writing 4 New submission received · 5. Approval of sketch plan 6. Sent letter with resolution approving 7. Application and fee If corporation, affidavit of ownership 6 copies of final map Covenants and restrictions Description of property ~ote on plat that sanitation ans water facilities et County Board of Health specifications Developer attend meeting (official submission) 8. Public Hearing (within 45 days) Advertised ~ Affidavits of publication received 9- Action by Planning Board (within 45 days) 10. Sent to County Planning Commission Received County's recommendations Filed covenants and restrictions received Authorization and signing of map Southold, N.Y. 11971 (516) 765-1938 September 12, 1984 Mr.Gary Flanner Olsen Attorney at Law Main Road Cutchogue, NY 11935 Re: Country Club Estates Lot No. 32 Dear Mr. Olsen: The following action was taken by the Planning Board, Monday, September 10, 1984. RESOLVED that the Southold Town Planning Board accept and request compliance with Inspector John W. Davis' report No. 387 regarding the access road within the subdivision of Country Club Estates, Lot No. 32 located at Cutchogue. Enclosed is a copy of that report for your review. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN _gOH~OLD TOWN PLANNING BOARD By Diane M. Schultz~, Secretary enc. ., IH. 2'1985 m: Bennett Orlowski, Jr., Chairman Southold 'Ibwn Planning Board Report No. 433 ;'ROB: John Ii. Davis Date: ~hrch 14, 1985 HE: COT'N'l'RY CLUB ESTATES, LOT NO. 32 (NOW 11INOR SUBDIVISION dI'IH LOTS # 1 and if 2) ACCESS 'ID LOT NO.1 CO}IJ.:EN'IS : Insnection of the above access as follows: 1he road1~.y is 442 ft.= in length and stops 75 ft. from the house attached garage. 1here is a stable (sand and gravel) area here in front cf the garage. The roadway width is 11 ft. instead of the recornrr;ended .ddth of 14 ft. No s'lrface chips were used (not impor tant). 1he road1olay is profiled at the entrance so that no runoff goes into Moore's Lane. The present road as constrll cted has a smooth surface, no irregl'lari ties and is usable. The graded area in front of the garage can be us ed for turning emergency vehicles. This installation was done so~e time ago 10Iith no inSpection on my part, as I was not notified when the work would be started. 1he following information from the lot owner, who I haopened to meet on the site: All topsoil was removed, sand and gravel brought in for the base course, and that the road cont,ractor had been paid for a 4" depth of asphalt paving. Also, that the area in /'ront of the garage would be paved with asphalt, and that he did not know abont the change in road Hidth. I contacted P. Corazzini on the (1,as in his records) for a ~" for the Hidth and length at 2~" tons. A 4" depth Hould reO'lire depth of asphal t. asphalt t~nnage placed. He said he used 87 tons depth on the bankrun course. Theoretical tonnage in thickness for this road as built would be 75 153 tons. The miner vaS misinformed as to the 4" Provided the 11 ft. width is acceptable to the Superintendent of dighHays and the Planning Board, I Hould aporove the road work. NO"'E: I went over the above Hi th 11r. Dean. He 1-lill acceClt the 11ft. road width. ') /). II /1 , ,/_. ~/.. H~-"c' "JI:(- q,)t2,tnxJ C.../ .c., ," ,S .;:\0 ,\. '. . . "v ~\'0,(/ T0: REPORT ~iO. 58? ~ennett 0rlowski,~r., Chairman outhold Town Planning Board FR0~: John W. Davis DATE: August 27, 1984 RE: ~I[~]OR SUBDIVISIO~I FOR COUNTRY CLUB ESTATES, LOT ['I0. 32. ~tAP DATED 12/50/82 BY YOU~iQ A~iD YOU?~G SH0[~S LOT 32 AS LOTS !i0. 1 Ai]D D0. 2 C0~E]'~TS I~ REFERE[<iCE TO ACCESS ROAD: The south side of the 2~ ft. R.0.W. has a tree screen of evergreens, (double row 6' in height), that are within the R.0.W. on the south side for a width of ?' . Assuming that the trees will remain, about 18 ft. in width would be available for an access road. The R.0.~. is on original ground throughout. Contours shown on the original map for Country Club Estates indicate possibility of a low point in the R.O.W. which might require drainage structures. T~e road profile at the entrance should not permit runoff into ~oores Lane. Recommendations: 1. Some minor clearing may be necessary on the rmrth side of the R.O.W. 2. Road width 14 ft. 3. Remove topsoil for 12" only, if it is more than 12" in depth. 4. Replace topsoil excavation with compacted clean fill. Place a 4" compacted course of bankrun material containing 20~ of grave or equal on the replacement material. Place a 2" bankrun asphalt mix course on the bankrun material. Surface with 3/8" stone chips. This is conformable with other access drives Club Estates subdivision. in the original Country Install drainage structures if found necessary. Would suggest not placing the bard{run asphalt course until building construction, underground utilities, if any, etc., were completed. Transit mix trucks and other heavy equipment can damage the finished road. The 50 ft. x 50 ft. area at the end of the road should be paved as per the road if it is to be used as a turnaround. C.C. R. C. Dean, Superintendent of Highways Town of Southold 0HN ~. DAVIS P I~:~N N I N~'B'O~R.D S U I~F~ LKTkCO U, MT Y 8outhold, N.Y. 11¢71 (516) 765-1938 August 22, 1984 Victor Lessard Executive Administrator Building Department Southold Town Hall Southold, NY 11971 Re: Country Club Estates Lot No. 32 Dear Mr. Lessard: Please let this confirm the action of the Planning Board on Monday, August 20, 1984. RESOLVED that the Southold Town Planning Board recommend to grant approval of a building permit within the subdivision of Country Club Estates, Lot NO. 32 subject to a 280-a approval for the access road. This is conditional upon no certification of occupancy being issued until completion of the road as per the requirements of ~hn W. Davis' report and a review by the Superintendent of Highways and the Planning Board. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By ~zane M. Scnultze~ Secretary cc:~. Gary Olsen, esq. /John W. Davis, field inspector Ray Dean, Superintendent of Highways Southold, N.Y, 11971 (516) 765-1938 August 22, 1984 Mr. John W. Davis Sterling Road Cutchogue, NY 11935 Re: Country Club Estates Lot #32 Dear Mr. Davis: Enclosed is a survey map for Country Club Estates, Lot No. 32. As per the Board's request at the regular meeting of August 20, 1984, would you please make an inspectiOn of the road and submit a report as to the improvements that will be need to be made. This subdivision has been approved, and the applicant now wishes ~ obtain a building permit. See the enclosed letter for the Board's resolution regarding this situation. If you have any questions, please don't hesitate to contact our office. Thank you for your assistance. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD enc. Southold. N.Y. 11971 (516) 765-1938 August 20, 1984 Mr. Gary Flanner Olsen Attorney at Law Main Road Cutchogue, NY 11935 Re: Country Club Estates Lot #32 Dear Mr. Olsen: Enclosed are two (2) copies of the approved subdivision map for Country Club Estates, Lot #32, which have been endorsed by the Chairman. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 706 ' MAIN ROAD · CUTCHOGUE, LONG ISLAND, NEW YORK H935 · PHONE 516 734-7666 August 14, 1984 Re: Country Club Estates to Van Mater File #3688 Gentlemen: Enc]osed please find a certified copy of Covenants and Restrictions in re the above captioned matter which have been recorded in Liber 9619, Page 417, on August 13, 1984, as required by the Planning Board. The original is with the County Clerk's Office. Please now have the maps signed by the Chairman of/he Planning Board. Very tr~y yours, GFO:mew Enclosure Southold Town Planning Board Main Road Southold, NY 11971 CC: Edward Boy, V, Esq. P.O. Box 1468 Southold, NY 11971 ROBERT W. TASKER Town Attorney OFFI~DORNEY 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 TELEPHONE (516) 47%1400 August 1, 1984 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Country Club Estates Covenants and Restrictions Dear Benny: By letter of July 25, 1984, you sent me a copy of the proposed covenants and restrictions relative to the above subdivision for my examination. I have reviewed the declaration and find the same in proper order. Yours very truly, ROBERT W. TASKER RWT :aa GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 706 · MAIN ROAD . CUTCHOGUE. LONG ISLAND, NEW YORK 11935 · PHONE 516 734-7666 July 13, 1984 Re: Country Club Estates Minor Sub-division Lot #32 Gentlemen: Enclosed please find the original Mylar copy of the sub-division map and 3 prints which have been approved by the Health Department. Accordingly, I understand that you will be placing this matter on your next calendar, i.e., July 30th, 1984, at which time the map will be signed, g~~ If there is any possibility that you could si before hand, it woLild be greatly appreciated. .. Ve2r ours, FLA,~LSEN GFO:mew Enclosures Southold Town Planning Board Main Road Southoid, NY 1197] Southold, N.Y. 11971 (516) 765-1938 June 28, 1984 Mr. Gary Flanner Olsen Main Road Cutchogue, NY L1935 Re: Country Club Estates Lot No. 32 Dear Mr. Olsen: The following action was taken by the Southold Town Planning. Board at the regular meeting of June 25, 1984. RESOLVED that the Southold Town Planning Board grant a 90-day extension on the action of the approval of the subdivision of Country Club Estates, Lot NO. 32 pursuant to the request of the attorney for the applicant in order that the approval of the Suffolk County Department of Heath can be obtained. If you have any questions, please contact this office. Very truly yours, BENNETT ORLOWSKI,JR., CHAIRMAN OWN PLANNING~OARD y ne M. Scnultze, ~ec~etary TUT-NOTE GARY FLANNER OLSEN COUNSELLOR AT IAW P. O. BOX 706, MAIN ROAD CUTCHOGUe, L. I., NEW YORK ii935 -JUN 2 5 1984 I" L._ Southold Town Planning Board Main Road Southold, NY 11971 Re: Country Club Estates - Lot #32 Minor Sub-division File #3269 I hereby request an extension of 90 days in re the above captioned matter. I am still waiting for Health Department approval. mew SIGNE~ DATE: . 6/22/84 SIGNED DATE: Southold, N.Y. 11971 (516) 765-1938 April 23, 1984 Mr. 'Gary Flanner Olsen Main Road Mattituck, NY 11952 Re: Country Club Estates Lot #32 Dear Mr. Olsen: The following action was taken by the Southold Town Planning Board at the regular meeting of April 9, 1984. RESOLVED that the Southold Town Planning Board grant a 90-day extension on the action of the subdivision of Country Club Estates, Lot #32 pursuant to the request of the applicant's attorney. If you have any questions, please contact this office. Very truly yours, HENRY E. RAYNOR, JR,CHAIRMAN ~UTHOLD TQ3~N PLANNING BOARD By Di~e M. Sq~ultze; Secretary MESSAGE (~ARY F'LANNE:R OLSEN COUNSELLOR AT LAW P, O. BOX 38 - MAIN ROAD MATTITUCK, L, L, NEW YORK 11952 APR 6 1984 REPLY k Southold Town Planning Board Main Road Southold, N.Y 11971 J Re: County Club Estates Lot 32 Minor Subdivision Att: Henry Raynor Please be adivsed that I am awaiting for survey work to be completed by Young & young to submit to the Suffolk County Health Dept~ in re the above minor subdivision. ~ Accordingly, I hereby request a 90 day extension from the Planning Board. SIGNED DATE' COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING April 9, 1984 Mr. Henry E. Raynor, Jr., Chairman Town ,Df Southold Planning Board Main ]toad Southold, N.Y. 11971 Re: Minor Subdivision - Country Club Estates Southeasterly side of Main Road, New York State Route 25, 342.49 southwesterly from Linden Avenue also known as Moore's Lane, Cutchogue, New York. Dear Mr. Raynor: The Suffolk County Planning Commission at its regular meeting on April 4, 1984, reviewed the proposed subdivision plat entitled, '~inor Subdivision - Country Club Estates", referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to approve said map subject to the following three conditions deemed necessary to help preserve the traffic safety and carrying capacity of Main Road, a state road, and to in- sure adequate accessibility to both lots by emergency and service equipment. Ail stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out into the right-of-way of Main Road. 2. The right-of-way across Lot 2 shall be modified by: (a) Using a large radius curve on the northerly side of the right-of- way at the intersection of courses S 54° 40' 10" E and S 84° 34' 10" E. (b) Widening the westerly terminus of the 25 foot wide right-of-way by eliminating the course having a bearing of N 72° 54' 20" E and a distance of 68.19 feet and replacing it with a course that runs from the northeasterly corner of the 50 foot by 50 foot right-of- way area within Lot 1 to the angle point on the northerly side of the 25 foot right-of-way at the easterly end of the present course N 72° 54' 20" E, 68.19 feet. Condition 1 shall be filed as a covenant and restriction in the office of the County Clerk on or prior to the granting of approval to this subdivision. Mr. Henry E. Raynor, Jr. ~ 2 - April 9, 1984 Re:Minor Subdivision - Country Club Estates This covenant and restriction can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board of the Town of Southold after a public hearing. Adjoining property owenrs shall be entitled to notice of such public hearing but their consent to such modification shall not be required. ~he Commission also offers the following comment on the map for your use and consideration: It is suggested that the approval of this subdivision be made subject to the subdivision's meeting the requirements and standards of the Suffolk County Department of Health Services. Very truly yours Lee E. Koppelman Director of Planning Charles G. Lind, Chief Planner Subdivision Review Section File: S-SD-78-05.1 CGL:Jk Encl.: Map LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York in said town on the 12th day of March, 1984 on the question of the following: 7:30 p.m. Approval of the final maps of the subdivision of Homestead Acres located at Greenport in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a monument on the northwesterly line of MiddleRoad (County Road 27), said monument being the intersection of the northwesterly line of Middle Road (County Road 27) with theeasterly line of land now or formerly of Morrison; RUNNING THENCE from said point of beginning and along land now or formerly of Morrison, the following three (3) courses and distances: 1) N. 2© 02' 00" E. 382.33 feet to a monument; thence, 2) N. 2°17' 10" E. 1214.58 feet to a monument; thence, 3) N. 1© 42' 50" E. 513.28 feet to a monument and the southerly line of Sound Drive; THENCE along the southerly and southeasterly line of Sound Drive and the following two (2) Courses and distances: 1) N.89© 44' E. 50.03 feet to an iron pipe or post; 2)N. 53© 58' 20" e. 338.48 feet to an iron pipe or post and land known and designated as Lont No. 76 on a certain map entitled "Map of Section 2, Eastern Shores", which map is filed in the Suffolk County Clerk's Office as Map No. 4426; THENCE along Lot no. 76 and Lots numbered 75,74,73, Inlet Pond Road, Lots, numbered 72,71, 70,69, 68, and 67, all as shown on the arorementioned "Map of Section 2, Eastern Shores," the following two (2) Courses and distances: 1) S. 16© 50' 30" E. 206.41 feet to a point; thence, 2)S. 3© 53' 00" E. 1103.52 feet to a monument and land now or formerly of J.M.S. Land Development Corp; THENCE along land now or formerly of J.M.S. Land Development Corp. and Homestead Way the following two (2) courses and distances: 1) S. 4© 17" 20" W. 305.85 feet to a point; thence, 2) S. 10© 38' 20" E. 113.0 feet to a monument and land now or formerly of Thygesen; THENCE along land now or formerly of Thygesen the following two (2) courses and distances: 1) S. 60© 01' 40" W. 190.10 feet to a monument; thence 2) S. 19© 41' 30" E. 73.08 feet to an iron pipe or post and land now or formerly of Macomber; THENCE along land now or formerly of Macomber and land now or formerly of Spicer the following three (3) courses and distances 1) $. 78° 46' W. 126.77 feet to an iron pipe or post; thence 2) $. 4° 06' W. 129.92 feet; thence, 3) S. 110 00'E. 83.92 feet to the northwesterly line of Middle Road (County Road 27); THENCE along the northwesterly line of Middle Road (County Road 27) the following two (2) courses and distances: 1) S. 55° 01' 10" W. 257.37 feet to a point,; thence, 2) S. 55° 01' 50" W. 79.44 feet to a monument and the point or place of BEGINNING. Containing 19.3 acres. 7:45 p.m. Approval of the final maps of the subdivision of The Cove Beach located at East Marion, in the Town of $outhold County of Suffolk and the State of New York and bounded and described as follows: iBEGINNING at a monUme~t'on the northerly line of the Main Road at the southwesterly corner Of land of Boken from saidpoint of beginning; 'running along said northerly line of the Main Road, North 84 degrees 05 minutes 30 seconds West 86.62 feet to land of Russel; thence along land of Russel four courses: 1. North 10 degrees 31 minutes O0 s~conds ~WeSt 211~37 feet; 2. South 73 degrees 23 minutes West 27.55 feetl 3. North 12 degrees 24 minutes 00 S~nds West 402.42 feet; 4. South 85 degrees 23 minutes 20 seconds West 52.24 feet to land of Latham; thence along land of Latham, nine courses: 1. North 12 degrees' 02 minu~ 10 seconds West 106.94 feet; 2. North 14 degrees 31.minutes 50 seconds West 92.49 feet; 3. North 13 degrees 10 minutes 20 seconds West 84.75 feet; 4. North 13 degrees 22 minutes 10 seconds West 340.95 feet; 5. North 12 degrees 34 minutes 30 seconds West 89.21 feet; 6. North 14 degrees 21 minutes 40 seconds West 125.51 feet; 7. North 13 degrees 26 minutes 10 seconds West 243.77 feet; 8. North 18 degrees 39 minutes 50 seconds West 365.92 feet; 9. South 76 degrees 30 minutes 10 seconds West 132.47 feet; thence along said land of Latham and land of Terry North 11 degrees 20 minutes 50 seconds West 290.10 feet; thence along said land of Terry, seven courses: 1. North 11 degrees 47 minutes 30 seconds West 113.47 feet; 2. North I0 degrees 41 minutes 20 seconds West 110.05 feet; 3. North 12 degrees 48 minutes 30 seconds West 101.00 feet; 4. North 10 degrees 13 minutes 40 seconds W~st 88.65 feet; 5. North 13 degrees 30 minutes 10 seconds West 100.90 feet; 6. North 15 degrees 57 minutes West 101.34 feet; 7. North 20 degrees 35 minutes 40 seconds West 68.56 feet; thence along other land of Otto Uhl, 3r. 'Et al two courses: 1. North 74 degrees 13 minutes 30 seconds East 97.62 feet; 2. North 11 degrees 30 minutes 10 seconds West 833.61 feet; North 32 degrees 12 minutes 10 seconds West 67.42 feet; thence North 15 degrees 39 minutes 20 seconds East 475.06 feet to the average hig~ water mark of Long Island Sound; thence along said high water mark as measured by the following tie lines: South 54 degrees 27 minutes 56 seconds East 188.98 ~eet; South 16 d~grees 15 minutes 48 seconds Eas~ 76.17 feet; South 25 degrees 13 minutes 1~ seconds East 338.62 feet; South 23 degrees 12 minutes 10 seconds East 137.56 feet; South 28 d~~ trees 01 minutes 08 seconds East 59.38 feet; South 40 degrees 06 ,n .... 55 seconds East 123.67 feet; South 50 degrees 43 minutes 44 seconds East 96.95 feet; South D4 degrees 20 minutes 48 seconds East 106.19 feet; South 57 degrees 45 minutes 59 seconds East 160.50 feet; South 6/ degrees 37 minutes 15 seconds Eas't 95.40 feetl South 62 degrees 37 minutes 33 seconds East 160.90 feet; South 58 degrees 00 minutes 51 seconds East 344.33 feet; South 60 degrees 03 minutes 24 seconds East 257.56 feet; South 59 degrees 34 minutes 20 seconds East 146.13 feet; South 62 degrees 47 minutes 53 seconds East 83.59 feet; South 66 degrees 18 minutes O1 secmnds East 311.73 feet; South 70 degrees 26 minutes 06 seconds East 201.05 feet to ~and now or formerly of Robert W. J. and David Gillispie; thence along said land of G~llispie South 19 degrees 15 minutes 50 seconds West 183.10 feet to Dam Pond; thence along said Dam Pond as measured by the following tie lines: North 77 degrees 48 minutes 51 seconds West 73.94 feet; North 62 degrees 46 minutes 36 seconds West 48.78 feet; North 75 degrees 08 minutes 29 seconds West 58.54 feet; North 76 degrees 42 minutes 22 seconds West 37.38 feet; North 50 degrees 55 minutes 31 seconds West 46.02 feet; North 72 degrees 51 minutes 33 seconds West 63.84 feet; North 53 degrees 13 minutes '32 seconds West 28.08 feet; South 21 degrees 06 minutes 36 seconds East 180.87 feet; South 5 degrees 50 minutes 46 seconds East 110.O6 feet; South 77 degrees 58 minutes 19 seconds East 85.79 feet; South 25 ~egrees 31 minutes 57 seconds~East 81.33 feet; South 1i degrees 24 minutes 49 seconds East 73.11 feet; South 64 degrees 02 minutes 04 seconds West 49.25 feet; South 19 degrees 48 minutes 17 seconds East 58.55 feet; South 40 degrees 55 minutes 59 seconds West 53.12 feet; North 84 degrees 14 minutes 23 seconds West 46.53 feet; North 65 degrees 06 minutes 20 seconds West 146.19 feet; South 75 degrees 56 minutes 22 seconds West 64.68 feet; South 17 degrees 47 minutes 28 seconds West 73.36 feet; South 10 degrees 27 minutes 39 seconds East 58.90 feet; South 42 degrees 57 minutes 37 seconds East 32.68 feet; South 80 degrees 19 minutes 49 seconds East 82.98 feet; South 63 degrees 03 minutes 40 second~ East 68.05 feet; North 68 degrees 30 minutes 22 seconds Eamt 61.71 feet; North 27 degrees 39 minutes 50 seconds East 92.74. feet; North 66 degrees 22 minutes 31 seconds East 24.33 feet; South 05 degrees 12 minutes 10 seconds We%t 3'1.57 feet; South 23 degrees 57 minutes 43 seconds West 49.53 feet; South 7 degrees 03 minutes '47 seconds East 106.82 feet; South 68 degrees 54 minutes 18 seconds West 48.86 feet; South 89 degrees 53 minutes 12 seconds West 61.30 feet; North 87 degrees 43 minutes 54 seconds West 79.63 feet; South 29 degrees 39 minutes 45 seconds West 20.47 feet to land now or formerly of Joseph Frederick Gazza; thence along said land of Gazza. the following two courses and distances: 1. North 74 degrees 17 mznutes 30 seconds West 103.77 feet; 2. North 13 degrees 26 minutes 30 seconds East 9.00 feet; thence along ].and of Gazza and then land of Joseph Boken the following three courses and distances: 1. North 76 degrees 14 minutes 20 seconds West 450.0~ feet; 2. North 77 degrees 25 minutes 10 seconds West 520.88 feet; 3. South 12 degrees 38 minutes 50 seconds East 608.15 feet to land now or formerlx of Joseph Boken; thence along said land of Joseph Boken the following courses and distances: North 68 degrees 21 minutes O0 seconds West 312.9c feet; South 19 degrees 20 minutes 50 seconds East 144.10 feet; South 14 degrees 19 minutes 20 seconds East 71.14 feet; South 14 degrees 58 minut~ 30 seconds East 111.96 feet; South 12 degrees 24 minutes 20 seconds East 598.78 feet; South 13 degrees 54 minutes 20 seconds East 387.32 feet; North 75 degrees 53 minutes East 23.10 feet; South 12 degrees 39 minutes East 242.90 feet to the point and place of beginning. Containing 69.1748 acr 8:00 p.m. Approval of the final maps of the subdivision of Settler's at Oysterponds located at Orient in the Town of Southold, County of Suffolk, and State of©New York and bounded and described as follows: BEGINNING at the corner formed by the intersection of the Northerly side of Orchard Street with the Westerly side of Narrow River Road; RUNNING THENCE along the Northerly and Northeasterly sides of 0rcharc Street; 1. South 82 degrees BB minutes 20 seconds West, ~66.15 feet: 2. South 69 degreesi~ minutes 20 seconds West, 703.67 feet; ~ North 41 degrees 05 minutes 30 seconds West~ 1328.70 feet; and ~ North 6~% degrees 55 minutes O0 seconds 375.~2 feet West to the corner formed by the intersection of the Northeasterly side of Orchard Road with ~he Southeasterly side of Platt Road; THENCE along the. Southeasterly and Northeasterly sides of Platt Road; 1. North 5;~ de~rees Oh minutes l~O seconds East ?~9.91 feet; and 2. North 37 degrees 05 minutes 50 seconds West ~02.51 feet; THENCE North 50 de~rees 521minutes 00 seconds Fast, along land now or formerly of the Russell Tabor Estate, 656.33 feet; : ~ THENCE along land ~ow or formerly of R. W. Gillespie; 1. South BO degree~ 31 minutes l0 seconds East, 1~61,53 feet; and 2. South 65 degrees 31 minutes l0 seconds East, 231.58 feet to the Northwesterly side o f Narr~ow River Road; THENCE along the Northwesterly, Southwesterly and Westerly sides of Narrow River Road; 1. South 22 degrees 20 minutes O0 seconds West, 255.22 feet; 2. South 39 degrees 12 minutes 30 seconds P~st, 516.06 feet; snd 3. South 15 degrees ~ minutesLO seconds West, 306.78 feet to the corner and point or place of BEGINNING. Containing 67.6523 acres 8: 15 p.m. Approval of the finalma~.os of the subdivision of Highpoint at East Marion, Section II located at East Marion, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: Beginning at the northeast corner of the land of nowor formerly of Steven Moraitis and running thence from said point of beginning S. 63° 28' 20" W. along the land now or formerly of Steven Mora~tis 204.95 'feet to land now or formerly of Herbert ~andel; thence westerly along the land now or formerly of Herbert Mandel ~he following courses and distances: (1) S. 71° 21' 50" W. 249.7~ feet, (2) S. 65° ~8' 10" W. 175.01 feet to the land now or formerly of George Kortsolakis; thence northerly, westerly and again northerly along the land now or formerly of George Kortsolakis the following courses and distances: (1) N. 24~ (2) S. 66° (5) N. Z6° ~l' 50" W. 757.45 feet, 52' ~O" W. 172.80 'feet, 22' ~0" W. 747.49 feet to the land of H~gh- point at East Marion Section One, Inc.; thence easterly, northerly, westerly, again northerly and again easterly along the land of Highpoint at East Marion, Section One, Inc. the following courses (1) N. 88° 45' 00" (2) N. 28° ~0' 00" and distances: E. 126.61 feet, E. 295.69 feet, (5) for a distance (6) S. 74° 10' 50" (7) N. 58° 09' N. 61° 20' 00" W. ~6.26 feet, on a curve to the right with a radius of 25.00 feet for a distance of 59.27 feet, on a curve to the left with a radius of 580.00 feet of 150.00 feet, E. 211.50 feet, E. 155.81 feet to a point in the easterly line of a realty subdivision shown on a certain map entitled "Stars Manor" filed in the office of Clerk of Suffolk County as File No. 3864; thence S. 23° 56' 00" E. along the easterly line of said realty subd-';ision entitled "Stars Manor" 1701.57 feet to the point or place of beginning. Containing 23.781 acres 8:30 p.m. Approval of the minor subdivision of Country Club Estates, lot No. 32 located at Cutchogue, in the Town of Southold, County of Suffolk, and State of New York and bounded and described as follows: BEGINNING at a point on the southerly side of Main Road (N.Y.S. Rte 25) which point marks the division line of Lot 32 and lot 31 on Country Club Estates Subdivision Map # 6736: running thence along the southerly side of Main Road N. 70° 50~ 00" E. 30.00 feet; thence N 66° 54' 20" E. 455 .22 feet to land now or formerly of Jablanski; thence S 18° 24' 10" E. 358.88 feet; thence N. 67° 47' 10" E, 75.00 feet; thence N. 67° 39' 40" E. 46. 18 feet: thence N. 67° 41' 20" E. 16.81 feet to the westerly side of Linden Avenue a/k/a Moore's Lane; thence along the westerly side of Linden Avenue S. 5° 25' 50" W. 130,00 feet; thence N. 84° 34' 10" W. 178.00 feet: thence N. 54° 40' 10" 157.40 feet; thence S. 72° 54' 20" W. 310.00 feet to lot 31; thence along the easterly line of Lot 31 N. 19° 10' 00" W. 225.00 feet to the point or place of BEGINNING. Containing 147,547 square feet 8:45 p.m. Approval of une minor subdivision of Robert and Jean Lenzner located at Mattituck, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEG]/~]~]G at a point at the northeast corner of Soundview Avenue and fromm, said point of beginp~ing; r%nning thence along land ncw or formerly of Peter and Joanna Kentos North 25° 39' 10" West, 637.01 feet to the Long Island Sound; R[~R~R~G q/{~]CE alcng the Long Isl~uud Soend by tie line North 61° 16' 20" East, 352.14 feet to land formerly of Zinnoski, n~ of Brown; RbI'~ING 5HW~]CE along said land South 26° 10' 50" East, 2606.85 feet to land now or formerly of Forquer; R~4II~G ~HHNCE a!en9 said land Sou~ 63~ 25' 10" West, 375.73 feet to land formerly of l~oha!ed~o, now of Rowehl; RUNNIIqG 5H~ alcng said land the following four (4) courses ~nd distances: 1) North 25° 40' 00" West, 403.20 feet; t]~ence 2) North25° 27' 00" West, 824.65 feet; t~h~nce 3) Nort~h 25° 48' 00" West, 506.27 feet; thence 4) North 26° 02' 10" West, 222.82 feet to the point or place of BEGINNING. Any person desiring to be appear at the time and place Dated: February 24, 1984 heard on the above matter should above specified. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD HENRY E. RAYNOR, JR., CHAIRMAN PLEASE PUBLISH ONCE, MARCH 1, 1984, AND FORWARD THREE AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD SOUTHOLD, NEW YORK. Copies mailed to the following on February 27, 1984: The Suffolk Times The Long Island Traveler Watchman Supervisor Murphy M~chael Angelo, esq for Highpoint at East Marion, Sec. II Mr. Richard Cron, esq for The Cove Beach Associates Mr. Rudolph Bruer, esq for Homestead Acres Mr. Gary Olsen, esq for Country Club Estates, Lot #32 Charles Horowitz, applicant, Settler's at Oysterponds Mr. Robert and Jean Lenzner, applicant TO~S~[~.~O, LD Southold, N.Y. 11971 H~NRY E. RAYNOR, Jr.. Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 March 6, 1984 TELEPHONE 765- 1938 Gentlemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: (Map of) (Minor Subdivision) Country Club Estates, Lot # 32 Hamlet Cutchoque Tax Parcel Identifier No. Material Submitted: Minor Subdivision - Class A(3 copies) Major Subdivision (3 Copies) X Class B (2 copies) Preliminary Map (1 copy) Darinage Plan (1 copy) Grading Plan (1 copy) ;-Topographic Map (1 copy) Street Profiles (1 copy) ; Planning Board Res. (1 copy) ; Other material (specify and give number of copies) one copy of the Southold Town Planning Board resolution granting sketch approval as this was done in December, 1982. Waiver of Subdivision Requirements - See attached sheet X Comments: Very truly yours, Henry E. Raynor, Jr., Chairman(J WAIVER OF SUBDIVISION 1LEQUIREMENTS (b~iap of) (Min,or Subdivision-) Countrv CLub Estates. Lot #32 Hamlet or Village Cutchogue Town Southold The following items normally required as part of the subdivision applica- tion have been waived. Check, as required. Preliminary Map Street Profiles Other (describe) X Topographic Map X Drainage Plan X X Grading Plan X Lands'cape Plan X Re as on: 1) }iinor Subdivision a) Not required by subdivision regulations b) e) X Subdivision of 10t on an existing improved filed map Other (describe) X ~ 2) Major Subdivision a) No new drainage structures and no changes in existing drainage proposed b) No new roads and no changes in existing roads proposed c) No major site clearing and grading proposed d) Other (describe) pg. (6) 12/13/82 Cleaves Point Village - Prior to the meeting an on site field inspection was made on this property. The Board reserved action as the certification has not been received from the Building Inspector. John Simon Estate - It was the concensus of the Board to request recommendations from Inspector Davis on the soils and improvements for the right-of-way designated regarding this proposed minor sub- division. Elizabeth Diefendorf - After an on site field inspection of this property and discussion of same, it was the concensus of the Board that the subdivision maps be revised to designate two buildable lots by changing the northern boundary of lot #3 as the board was in agreement that approximately 50,000 of the 58,000 square feet on lot #1 is not buildable. Country Club Estates - The Board discussed correspondence from Town Attorney regarding the covenants and restrictions filed on major subdivision of Country Club Estates. On motion made by Mr. Mullen, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board approve the sketch map of the two lot minor subdivision of Country Club Estates, located at Cutchogue, subject to the following conditions: Covenants and restrictions stating no further -subdivision will be made on the property in the future to be filed. 2.There shall be no access to the lots from the Main Road. 3. A 25' right-of-way with a turnaround area to / be disignated on the map from Linden Avenue. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, W . * * * * * * * * * * ~.LDEN W. YOUNG YOUNG ~ YOUNG · ,00 08TRg~NDER ~VENUE RIVERHEf~.D, NEW YORK Hgo~ 1984 HOW~-~DW. YOUNG March 5, 1984 Planning Board Town of Southold Southold, New York 11971 Gentlemen: At the direction of Attorney Gary F. Olsen, we are transmitting herewith six prints of a Minor Subdivision prepared for Country Club [!states at Cutchogue, Town of Southold, New York. yours, Howard W. Young HWY:kbf enc. ~E mg iEREBY tt to Sec- ,v, public id by the ?tanning iall, Main g York in said town on the 12th day of March, 1984 on the question of the following: 7:30 p.m. Approval of the final map~ of the subdivision of Homestead Acres located at Greenport in the Town of Southold, County of Suffolk and State of New York and bounded and described as fol- lows: BEGINNING at a' monument on the northwest- erly line of Middle Road (County Road 27), said monu- ment being the intersection of the northwesterly line of Mid- dle Road (County Road 27) with the easterly line of land now or formerly of Morrisun; RUNNING THENCE from said point of beginning and along land now or formerly of Morrtson, the following three (3) courses and distances: 1) N. 2° 02' 96" E. 962.33 feet to a monument; thence, 2) N. 2° 17' 10" E. 1214.58 feet to a monument; thence, 3) N. 1° 42' 50" E. 513.28 feet to a monument and the southerly line of Sound Drive THENCE along the sou' ly and southeasterly line ~. Sound Drive and the following two (2) Courses and distances: 1~ 89* 44' E. 50.03 feet to an h,., pipe or post; 2) N. 53° 58* 20" E. 338.48 feet to an iron pipe o.r post and land known and designated as Lot No. 76 on a certain map entitled "Map of Section 2, Eastern Shores", which map is filed in the Suffolk County Clerk's Office as Map No. 4426~ THENCE along Lot No. 76 and Lots numbered 75, 74, 73, Inlet Pond Road, Lots, numbered 72, 71, 70, 69, 68, and 67, all as shown on the aforementioned "Map of Section 2, Eastern Shores," the following two (2) Courses and distances: 1) S. 16' 50' 30" E. 206.41 feet to a point; thence, 2) S. 3° 53' 96" E. 1103.52 feet to a monument and land now or formerly of J.M.S. Land Development Corp; THENCE along land now or formerly of J.M.S. Land Development Corp. and Homestead Way the following two ( 2 ) courses and distances: 1) S. 4° 17' 20" W. 305.~5 feet to a point; thence, 2) S. 10° 3~' 20" E. 113.0 feet to a monument and land now or formerly of Thy~esen; THENCE along land now or formerly of Thygesen the following two (2) courses and distances: 1) S. 60° 01' 40" W. 190.10 feet to a monument; thence 2) S. 19° 41' 30" E. 73.08 feet to an iron pipe or p~t and land now or formerly of Macombor; THENCE along land now or formerly of Macomber and land now or formerly of Spicer the following three (3) courses and distances: 1) S. 78° 46' W. 126.77 feet to an iron pipe or post; thence 2) S. 4° 06' W. 129.92 feet; thence, 3) S. 11° 96' E. 83.92 feet to the northwesterly line of Mid- die Road (County Road 27); THENCE along the north- westerly line of Middle Road (CoUnty Road 27) the following two (2) courses and distances: 1) S. 55° 01' 10" W. 257.37 feet to a point; thence, 2) S. 55° 01' 50" W. 79.44 feet to a monument and the point or place of BEGINNING. Con- taiding 19.3 acres. 7:45 p.m. Approval of the final maps of the subdivision of The Cove Beach located at East Marion, in the Town of Southold County of Suffolk and the State of New York and bounded and described as follows: BEGINNING at a monument on the northerly line of the Main Road at the southwesterly corner of land of Boken from said point of beginning; running along said northerly line of the Main Road, North 64 degrees 05 minutes 30 seconds West 86.62 feet to land of Russell thence along land of Russel four courses: 1. North 10 degrees 31 minutes 00 seconds West 211.37 feet; 2. South 73 degrees 23 minutes West 27.55 feet; 3. North 12 degrees 24 minutes 00 seconds West 402.42 feet; 4. South 35 degrees 23 minutes 20 seconds West 52.24 feet to land of Latham; thence along land of Latham, nine courses: 1. North 12 degrees 02 minutes 10 seconds West 106.94 feet; 2. North 14 degrees 31 minutes 50 seconds West 92.49 feet; 3. North 13 degrees 10 minutes 20 seconds West 64.75 feet; 4. North 13 degrees 22 minutes 10 seconds West 340.95 feet; 5. North 12 degrees 34 minutes 3O seconds West 89.21 feet; 6. North 14 degrees 21 minutes 40 seconds West 125.51 feet; 7., North 13 degrees 26 minutes 10 seconds West 243.77 feet; 3. North 18 degrees 39 minutes 50 seconds West 365.92 feet; 9. South 76 degrees 30 minutes 10 seconds West 132.47 feet; thence along said land of Latham and land of Terry North 11 degrees 20 minutes 50 seconds West 290.10 feet; thence along said land of Terry, seven courses: 1. North 11 degrees 47 minutes 30 seconds West 113.47 feet; 2. North 10 degrees 41 minutes 20 seconds West 110.05 feet; 3. North 12 degrees 4~ minutes 30 seconds West 101.00 feet; 4. North 10 degrees 13 minutes 40 seconds West 08.65 feet; 5. North 13 degrees 30 minutes 10 seconds West 100.90 feet; 6. North 15 degrees 57 minutes West 101.34 feet; 7. North 20 degrees 35 minutes 40 seconds West 96.56 feet; thence along other land of Otto Uhl, Jr. et al two courses: 1. North 74 degrees 13 minutes 30 seconds East 97.62 feet; 2. North 11 degrees 30 minutes 10 seconds West 633.61 feet; North 32 degrees 12 minutes 10 seconds West 67.42 feet; thence North 15 degrees 39 minutes 2o seconds East 475.06 feet to the average high water mark of Long Island Sound; thence along said high water mark as measured by the following tie lines: South 54 degrees 27 minutes 56 seconds East 188.98 feet; South 16 degrees 15 minutes 48 seconds East 76.17 feet; South 25 degrees 13 minutes 16 seconds East 338.62 feet; South 23 degrees 12 minutes 10 seconds East 137.56 feet; South 28 degrees 01 minutes 96 seconds East 59.38 feet South 40 degrees 06 minutes 55 seconds East 123.67 feet; South 50 degrees 43 minutes 44 seconds East 96,95 feet; South 54 degrees 20 minutes 48 seconds East 196,19 feet; South 57 degrees 45 minutes 59 seconds East 160.50 feet; South 67 degrees 37 minutes 15 seconds East 95.40 feet; South 62 degrees 37 minutes 33 seconds East 196.9o feet; South 58 degrees 00 minutes 51 seconds East 344.33 feet; South 60 degrees 03 minutes 24 seconds East 257.56 feet; South 59 degrees 34 minutes 20 seconds East 146.13 feet; South 62 degrees 47 minutes 53 seconds East 83.59 feet; South 66 degrees 18 minutes 01 seconds East 311.73 feet; South 70 degrees 26 P, age 18 minutes 96 seconds East 201.65 feet to land now or formerly of Robert W. J. and David Gillispie; thence along said land of Gillispie South 19 degrees 15 minutes 50 seconds West 183.10 feet to Dam Pond; thence along said Dam Pond as measured by the following tie lines: North 77 degrees 4~ minutes 51 seconds West 73.94 feet; North 62 degrees 46 minutes 36 seconds West 48.78 feet; North 75 degrees 08 minutes 29 seconds West 58.54 feet; North 76 degrees 42 minutes 22 seconds West 37.38 feet; North 50 degrees 55 minutes 31 seconds West 46.02 feet; North 72 degrees 51 minutes 33 seconds West 63.84 feet; North 53 degrees 13 minutes 32 seconds West 28.96 feet; South 21 degrees 06 minutes 36 seconds East 180.87 feet; South 5 degrees 50 minutes 46 seconds East 110.06 feet; South 77 degrees 58 minutes 19 seconds East 85.79 feet; South 25 degrees 31 minutes 57 seconds East 81.33 feet; South 11 degrees 24 minutes 49 seconds East 73.11 feet; South 64 degrees o2 minutes 04 seconds West 49.25 feet; South 19 degrees 48 minutes 17 seconds East 58.55 feet South 40 degrees 55 minutes 59 seconds West 53.12 feet; North 34 degrees 14 minutes 23 seconds West 46.53 feet; North 65 degrees 06 m~nutes 2O seconds West 146.19 feet; South 75 degrees 56 m~nutes 22 seconds West 64.C~ feet; South 17 degrees 47 m~nutes 2~ seconds West 73.36 feet; South 10 degrees 27 m~nutes 39 seconds East feet; South 42 degrees 57 minutes 37 seconds East 32.96 feet; South 60 degrees. 19 minutes 49 seconds East feet; South 63 degrees 03 minutes 40 seconds East 68.05 feet; North 68 degrees 30 mmutes 22 seconds East 61.71 feet; North 27 degrees 39 minutes 50 seconds East 92.74 feet; North 66 degrees 22 dnutes 31 seconds East 24.33 feet; South 05 degrees 12 minutes 10 seconds West 31.57 feet; South 23 degrees 57 minutes 43 seconds West 49.53 feet; South 7 degrees 03 minutes 47 seconds East 196.32 feet; South 68 degrees 54 minutes 15 seconds West 48.~6 feet; South 89 degrees 53 minutes 12 seconds West 61.30 feet; North 37 degrees 43 minutes 54 seconds West 79.63 feet; South 29 degrees 39 finutes 45 seconds West 20.47 feet to land now or formerly of Joseph Frederick Gazza; thence along said land of Gazza the following two courses and distances: 1. North 74 degrees 17 minutes 30 seconds West 103.77 feet; 2. North 13 degrees 26 minutes 30 seconds East 9.00 feet; thence along land of Gazza and then land of Joseph Boken the following three courses and distances: 1. North 76 degrees 14 minutes 20 seconds West 450.01 feet; 2. North 77 degrees 25 minutes 10 seconds West 520.88 feet; 3. South 12 degrees 38 minutes 50 seconds East 606.15 feet to land now or formerly of Joseph Boken; thence along said land of Joseph Boken the following courses and distances: North 60 degrees 21 minutes 00 seconds West 312.90 feet; South 19 degrees 20 minutes 50 seconds East 144.18 feet; South 14 degrees 19 minutes 20 seconds East 71.14 feet; South 14 degrees 56 minutes 30 seconds East 111.96 feet; South 12 degrees 24 minutes 20 seconds East 596.76 feet; South 13 degrees 54 minutes 20 (continued on next page) Legal Notices (continued from previous page) seconds East 387.32 feet; North 75 degrees 53 minutes East 23.10 feet; South 12 degrees 39 minutes East 242.90 feet to the point and place of beginning. Containing 69.1748 8:00 p.m. Approval of the final maps of the subdivision of Settler's at Oysterponds located at Orient in the Town of Southold, County of Suffolk, and State of New York and bounded and described as follows: BEGINNING at the corner formed by the intersection of the Northerly side of Orchard Street with the Westerly side of Narrow River Road; RUNNING THENCE along the Northerly and Northeast- erly sides of Orchard Street; 1. South 82 degrees 33 minutes 20 seconds West, 466.15 feet; 2. South 69 degrees 16 minutes 20 seconds West, 703.67 feet; 3. North 41 ~,rees 05 minutes 30 sec,..,ds West, 1328.70 feet; and 4. North 64 degrees 55 minutes 96 seeov ,75.42 feet West to the corn ormed by the intersection of the Northeasterly side of Orchard Road with the Southeasterly side of Platt Road; THENCE along the Southeasterly and Northeasterly sides of Platt Road; 1. North 54 degrees 04 minutes 4O seconds East 939.91 feet; and 2. North 37 degrees O5 minutes 50 seconds West 402.51 feet; THENCE North 50 degrees 52 minutes 00 seconds East, along land now or formerly of the Russell Tabor Estate, 656~3 feet; THENCE along land now or formerly of R. W. Gillespie; 1. South 4O degrees 31 minutes 10 seconds East, 1461.53 feet; and 2. South 65 degrees 31 minutes 10 seconds East, 231.58 feet to the Northwest- erly side of Narrow River Read; THENCE along the North- westerly, Southwesterly and Westerly sides of Narrow River Road; 1. South 22 degrees 20 minutes 00 seconds West, 255.22 feet; 2. South 39 degrees 12 minutes 3O seconds East, 516.96 feet; and 3. South 15 degrees 44 minutes 40 seconds West, 306.78 feet to the corner and point or place of BEGIN- NING. Containing 67.6523 8:15 p.m. Approval of the final n~ps of the subdivision of Highpoint at East Marion, Section II located at East Marion, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at the northeast corner of the land of now or formerly of Steven Moraitis and running thence from said point of beginning S. 63° 2~' 20" W. along the land now or formerly of Steven Moraitis 104.95 feet to land now or formerly of Herbert Mandel; THENCE westerly along the land now or formerly of Herbert Mandel the following courses and distances: (1) S. 71° 21' 30" W. 249.73 feet, (2) S. 65° 40' 10" W. 175.01 feet to the land now or The Suffolk T formerly of George Kor tsolakis; THENCE northerly, westerly and again northerly along the land now or formerly of George Kortsolakis the following courses and distances: (1) N. 24° 11' 50" W. 757.45 feet, (2) S. 66° 32' 40" W. 172.80 feet, (3) N. 26° 22' 40" W. 747.49 feet to the land of Highpoint at East Marion Section One, Inc.; THENCE easterly, north- erly, westerly, again north- erly and again easterly along the land of Highpoint at East Marion, Section One, Inc. the following courses and distances: (1) N. 88~ 45' 96" E. 126.61 feet, (2) N. 28° 40' 00" E. 295.69 feet, (3) N. 61° 20' 0O" W. 46.26 feet, (4) on a curve to the right with a radius of 25.00 feet for a distance of 39.27 feet, (~ a curve to the left with ara. as of 580.00 feet for a distance of 130.00 feet, (6) S. 74° 10' 30" E. 211.30 fee~ (, ,. 58° 09' 40" E. 153.81 feet to a point in the easterly line of a realty subdivision shown on a certain map entitled "Stars Manor" filed in the office of Clerk of Suffolk County as File No. 3864; THENCE S. 23° 56' 00" E. Zimneski, now of Brow RUNNING THENC said land South 26° East, 2606.85 feet to l: or formerly of Forque~ RUNNING THENC said land South 63° West, 375.73 feet formerly of Michale~ of Rowehl; RUNNING THEN( said land the %llowin! courses and dmtances 1) North 25° 40' 01 403.20 feet; thence 2) North 25° 27' 0~ 824.65 feet; thence 3) North 25° 48' 0 506.27 feet; thence 4) North 26° 02' 1 222.82 feet to the poin of BEGINNING. Any person desir heard on the abov should appear at the place above spocifie, Dated: February 24, BY 0 THE SOUTHO PLANNIN HENRY E. RAcY? ITM1-4502 SS: along the easterly line of said realty subdivision entitled of Groin "Stars Manor" 1701.57 feet to the point or place of beginning. Containing 23.781 m6:30 p.m. Approval of the inor subdivision of Country Club Estates, lot No. 32 located at Cutchogue, in the Towns of Southold, County of Suffolk, and State of New York and bounded and described as follows: BEGINNING at a point on the southerly side of Main Road (NY.S. Rte 25) which point marks the division line of Lot 32 and Lot 31 on Country Club Estates Subdivision Map # 6736; running thence along the southerly side of Main Road N. 70° 50' 96" E. 30.00 feet; thence N. 66° 54' 2O" E. 455.22 feet to land now or formerly of Jablanski; thence S. 18° 24' 10" E. 358.88 feet; thence N. 67° 47' 10" E. 75.96 feet; thence N. 67° 39' 40" E. 46.18 feet; thence N. 67° 41' 20" E. 16.81 feet to the westerly side of Linden Avenue a/k/a Moore's Lane; thence along the westerly side of Linden Avenue S. 5° 25' 50" W. 130.00 feet; thence N. 84° 34' 10" W. 176.00 feet; thence N. 54° 40' 10" 157.40 feet; thence S. 72° 54' 20" W. 310.00 feet to lot 31; thence along the easterly line of Lot 31 N. 19° 10' 00" W. 225.00 feet to the point or place of BEGINNING. Containing 147,547 square feet. 8:45 p.m. Approval of the minor subdivision of Robert and Jean Lenzner located at Mattituck, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a point at the northeast corner of Soundview Avenue and from said point of beginning; run- ning thence along land now or formerly of Peter and Joanna Kontes North 25° 39' 10" West, 637.01 feet to the Long Island Sound; RUNNING THENCE along the Long Island Sound by tie line North 61° 16' 20" East, 352.14 feet to land formerly of ~worn, says that h LIFFOLK TIMES, a t Greenport, in ti ~uffolk and State e of which the an tn regularly publ each week for ~mencing on the 19 8~4 Principal Clerk LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIV- EN that pursuant to Section 276 of Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York, in said town on the 12th day of March, 1984 on the question of the following: 7:30 p.m. Approval of the final m~ps of the subdivision of Homestead Acres located at Greenport in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a monument on the northwesterly line of Middle Road (County Road 27), said monument being the intersection of the northwest- erly line of Middle Road (County Road 27) with the easterly line of land now or formerly of Morrison; RUN- NING THENCE from said point of beginning and along land now or formerly of Morrison, the following three (3) courses and distances: 1) N. 2° 02' 00" E. 382.33 feet to a monument; thence, 2) N. 2° 17' 10" E. 1214.58 feet to a monument; thence, 3) N. 1° 42' 50" E. 513.28 feet to a monument and the south- erly line of Sound Drive; THENCE along the southerly and southeasterly line of Sound Drive and the following two (2) Courses and distances: 1) N. 89° 44' E. 50.03 feet to an iron pipe or post; 2) N. 53° 58' 20" E. 338.48 feet to an iron pipe or post and land known and designated as Lot No. 76 on a certain map entitled "Map of Section 2, Eastern Shores," which map is filed in the Suffolk County Clerk's Office as Map No. 4426; THENCE along Lot no. 76 and Lots numbered, 75, 74, 73, Inlet Pond Road, Lots, num- bered 72, 71, 70, 69, 68, and 67, all as shown on the afore- mentioned "Map of Section 2, Eastern Shores," the follow- ing two (2) Courses and dis- tances: 1) S. 16° 50' 30" E. 206.41 feet to a point; thence, 2) S. 3° 53' 00" E. 1103.52 leer to a monument and land now or formerly of J.M.S. Land Development Corp.; THENCE along land now or formerly of J.M.S. Land De- velopment Corp. and Home- stead Way the following two (2) courses and distances: 1) S. 4° 17" 20" W. 305.85 feet to a point: thence. 2) S. 10° 38' 20" E. 113.0 teet to a monument and land now or formerly of Thygesen; THENCE along land now or formerly of Thygesen the following two (2) courses and distances: 1) S. 60° 01' 40" W. 190.10 feet to a monument; thence 2) S. 19° 41' 30" E. 73.08 feet to an iron pipe or post and land nov,' or formerly of Macomber; THENCE along land now or formerly of Macomber and land now or formerly of Spicer the following three (3) courses and distances: l) S. 78° 46' W. 126.77 feet to an iron pipe or post: thence 2) S. 4° 06' W. 129.92 feet; thence, 3) S. 11° 00' E. 83.92 fcet to · the northwesterly line of Mid- dle Road (County Road 27); THENCE along the northwest- erly line of Middle Road (County Road 27) the following two (2) courses and distances: 1~ S. 55° 01' 10" W. 257.37 feet to a point,; thence. 2) S. 55° 01' 50" W. 79.44 feet to a monument and the point or place of BEGINNING. Con- taining 19.3 acres. 7:45 p.m. Approval of the final maps of the subdivision COUNTY OF SUFFOLK STATE OF: NEVq YORK Patricio Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper 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-Watch- / man once each week for ........................................ weeks successively, commencing on the ............ ./. ..................... doy .................. f>/ Swom to before me this ................................ day of ,. .......... ............... , bounded and described as follows: BEGINNING at a monument on the northerly line of the Main Road at the southwester- ly corner of land of Boken from said point of beginning; run- ning along said northerly line of the Main Road, North 84 degrees 05 minutes 30 seconds West 86.62 feet to land of Russel; thence along land of Russel four courses: 1. North 10 degrees 31 minutes 00 seconds West 211.37 feet; 2. South 73 degrees 23 minutes West 27.55 feet; 3. North 12 degrees 24 minutes 00 seconds West 402.42 feet; 4. South 85 degrees 23 minutes 20 seconds West 52.24 feet to land of Latham; thence along land of Lalham, nine courses: 1. Norlh 12 degrees 02 minutes 10 seconds West 106.94 feet; 2. North 14 degrees 31 minutes 50 seconds West 92.49 feet; 3. North 13 degrees 10 minutes 20 seconds West 84.75 feet; 4. North 13 degrees 22 minutes 10 seconds West 340.95 feet; 5. North 12 degrees 34 min- utes 30 seconds West 89.21 feet; 6. North 14 degrees 21 minutes 40 seconds West 125.51 feet; 7. North 13 degrees 26 minutes 10 seconds West 243.77 feet; 8. North 18 degrees 39 minutes 50 seconds West 365.92 feet; 9. South 76 degrees 30 minutes 10 seconds West 132.47 feet; thence along said land of Latham and land of Terry North 11 degrees 20 minutes 50 seconds West 290.10 feet; thence along said land of terry, seven courses: 1. North 11 degrees 47 minutes 30 seconds West 113.47 feet; 2. North 10 degrees 41 min- utes 20 seconds West 110.05 feet; 3. North 12 degrees 48 minutes 30 seconds West 101.00 feet; 4. North 10 degrees 13 minutes 40 seconds West 88.65 feet; 5. North 13 degrees 30 minutes 10 seconds West 100.90 feet; 6. North 15 degrees 57 minutes West 101.34 feet; 7. North 20 degrees 35 minutes 40 seconds West 68.56 feet; thence along other land of Otto Uhl, Jr. et al two courses: 1. North 74 degrees 13 minutes 30 seconds East 97.62 feet; 2. North 11 degrees 30 minutes 10 seconds West 833.61 feet; North 32 degrees 12 minutes 10 seconds West 67.42 feet; thence North 15 degrees 39 minutes 20 seconds East 475.06 feet to the average high water mark of Long Island Sound; thence along said high water mark as measured by the following tie lines: South 54 degrees 27 minutes 56 seconds East 188. 98 feet; South 16 degrees 15 minutes 48 seconds East 76.17 feet; South 25 degrees 13 minutes 16 seconds East 338. 62 feet; South 23 degrees 12 minutes 10 seconds East 137. 56 feet; South 28 degress 01 minutes 08 seconds East 59.38 feet; South 40 degrees 06 minutes 55 seconds East 123. 67 feet; South 50 degrees 43 minutes 44 seconds East 96.95 feet; South 54 degrees 20 minutes 48 seconds East 106. 19 feet; South 57 degrees 45 minutes 59 seconds East 160. 50 feet; South 67 degrees 37 minutes 15 seconds East 95.40 feet; South 62 degrees 37 minutes 33 seconds East 160. 90 feet; South 58 degrees 00 minutes 51 seconds East 344. 33 feei; South 60 degrees 03 minutes 24 seconds East 257. 56 feet; South 59 degrees 34 minutes 20 seconds East 146. 13 feet; South 62 degrees 47 minutes 53 seconds East 83.59 feet; South 66 degrees 18 minutes 01 seconds East 311. 73 feel; South 70 degrees 26 minutes 06 seconds East 201. 0S feel to land now or formerly of Robert W. J. and David Gillispie; thence along said land of Gillispie South 19 degrees 15 minutes S0 seconds West 183.10 feet to Dam Pond; 37.38 feet; North 50 degrees 55 minutes 31 seconds West 4602 feel; North 72 degrees 63.84 feet; North 53 degrees 28.08 fee:: South 21 degrees 180.87 fem; South 5 degrees 50 minutes 46 seconds East 110.06 feet: South 77 degrees 58 mmmcs 19 seconds East &~,.79 feet: South 25 degrees 31 mmules 57 seconds East 81.33 fee~: South 11 degrees 24 mmutes 49 seconds East 73.11 feet; South 64 degrees 02 minutes 04 seconds West 49.25 feet; South 19 degrees 48 mmutes 17 seconds East 58.55 feet; South 40 degrees 55 mmutes 59 seconds West 53.12 feet; North 84 degrees 14 mmutes 23 seconds West 46.53 feet; North 65 degrees 06 minutes 20 seconds West 146.19 feet; South 75 degrees 56 mmutes 22 seconds West 64.68 feet; SouIh 17 degrees 47 minutes 28 seconds West 73.36 feet; South 10 degrees 27 minutes 39 seconds East 58.90 feel; South 42 degrees 57 minutes 37 seconds East 32.68 feet; South 80 degrees 19 mmutes 49 seconds East 82.98 feet; South 63 degrees 03 mmutes 40 seconds East 68.05 feet: North 68 degrees 30 minutes 22 seconds East 61.71 feet; North 27 degrees 39 minutes 50 seconds East 92.74 feet; North 66 degrees 22 minutes 31 seconds East 24.33 feet; South 05 degrees 12 31.57 tket; South 23 degrees 57 minutes 43 seconds West 49.53 feet; South 7 degrees 03 minutes 47 seconds East 106. 82 feet; South 68 degrees 54 minutes 18 seconds West 48.86 feet; South 89 degree 83 minutes 12 seconds West 61.30 feet; North 87 degrees 43 minutes 54 seconds West, 79.63 t~et; South 29 degrees 39 minutes 45 seconds West 20.47 feet to land now or formerly ot Joseph Frederick Gazza; thence along said land of Gazza ihe following two North 74 degrees 17 minutes 30 seconds West 103.77 feet; 2. North 13 degrees 26 min- utes 30 seconds East 9.00 feet; thence along land of Gazza and then Iand o*' Joseph Boken the following three courses and distances: 1. North 76 degrees 14 minutes 20 seconds West 450.01 feet; 2. North 77 degrees 25 minutes I0 seconds West 520.88 feet; 3, South 12 degrees 38 minutes 50 seconds East 608.15 feet to land now or formerly of Joseph Boken: thence along said land of Joseph Boken the following 68 degrees 21 minutes 00 seconds West 312.90 feet; South 19 degrees 20 minutes 50 seconds East 144,10 feet; South 14 degrees 19 minutes 20 seconds East 71.14 feet; South 14 degrees 58 minutes 30 seconds East 1tl.96 feet; South 12 degrees 24 minutes. 20 seconds East 598.78 feet; South 13 degrees 54 minutes 20 seconds East 387.32 feet; North 75 degrees 53 minutes East 23.10 feet; South 12 degrees 39 minutes East 242. 90 feet to the point and place of beginning. Containing 69,1748 acres. 8:00 p,m. Approval of the final maps of the subdivision of Settler's at Oysterponds located at Orient in the Town of Southold, County of Suffolk, and State of New York and bounded and described as follows: BEGINNING at the corner the Northerly side of Orchard Street with the Westerly side of Narrow River Road; RUNNING THENCE along the Northerly and Northeaster- feei; and 4. Noah 64 degrees 55 min- utes 00 seconds 375.42 feet West to the corner formed by lhe intersection of the North- easterly side of Orchard Road with the Southeasterly side of Platt Road; THENCE along the South- easterly and Northeasterly sides of Platt Road; 1. North 54 degrees 04 min- utes 40 seconds East 939.91 feet; and 2. North 37 degrees 05 min- utes 50 secondsWest 402.51 feet; THENCE North 50 degrees 52 minutes 00 seconds East, along land now or formerly of the Russell Tabor Estate, 656.33 feet; THENCE along land now or formerly of R.W. Gillespie; 1. South 40 degrees 31 min- utes 10 seconds East, 1461.53 feet; and 2. South 65 degrees 31 min- utes 10 seconds East, 231.58 feet to the Northwesterly side of Narrow River Road; THENCE along the North- westerly, Southwesterly and, Westerly sides of Narrow River Road; 1. South 22 degrees 20 min- utes 00 seconds West, 255.22 feet; 2. South 39 degrees 12 min- utes 30 seconds East, 516.06 feet; and 3. South 15 degrees 44 min- utes 40 seconds West, 306.78 feet to the corner and point or place of BEGINNING. Con- taining 67.6523 acres. 8:18 p.m. Approval of the final maps of the subdivision of Highpoint at East Marion, Section I1 located at East Marion, in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: Beginning at the northeast corner of the land of now or 'formerly of Steven Moraitis and running thence from said point of beginning S. 63© 28' 20" W. along the land now or formerly of Steven Moraitis 104.95 feet to land now or formerly of Herbert Mandel; thence westerly along the land now or formerly of Herbert Mandel the following courses and distances: (1)S. 71° 21' 30" W. 249.73 feet,, (2)S. 65© 48' 10" W. 175.01 feet to the ,/and now or formerly of George Kortso- lakis; thence northerly, westerly and again northerly along the land now or formerly of George Kortsolakis the fol- lowing courses and distances: (1) N. 24° I1' 50" W. 757.45 feet, (2) S. 66© 32' 40" W. 172.80 feet, (3) N. 26° 22' 40" W. 747.49 : feet to the land of Highpoint at East Marion Section One, Inc.; thence easterly, northerly. westerly, again northerly and again ~asterly along the land of Highpoint at East Marion, Sect/on One, Inc. the following courses and distances: (1) N. 88° 45' 00" E. 126.61 feet, (2) N. 28° 40' 00" E. 295.69 feet, (3) N. 61° 20' 00" W. 46.26 feet, (4) on a curve to the right with a radius of 25.00 feet for a distance of 39.27 feet, (5) on a curve to the left with a radius of 580.00 feet for a distance of 130.00 feet, (6) 5. 74° 10' 30" E. 211.30 feet, (7) N. 58° 09' 40" E. 153.81 feet to a point in the easterly line of a realty subdivision shown on a certain map entitled "Stars Manor" filed in the 'office of Clerk of Suffolk Cotmty as File No. 3864; thene~ S. 23° 56' 00" E. along the eaSterly line of said realty subdivision entitled. 06 minutes 20 seconds West 146.19 feet; South 75 degrees 56 minutes 22 seconds West 64.68 feet; South 17 degrees 47 minutes 28 seconds West 73.36 feet; South 10 degrees 27 minutes 39 seconds East 58.90 feet; South 42 the j Point the line 352, and bounde,~°rate of New follows: ~ and described BEGINNING a toh_e SOUtherly si~ a point on · ,~ad (N.Y.s' Rt-e~e of Main ?omt marks the di ~ ~5) Which ~t 32 and ~t ~V~sion line of y/ub EStates ~u~.°~ Country 455~h~ee N. 66° 54~ ~.~ ~eace H 6~ ~. 358 ~ ~ ' / 47 in.,' eet; ~.18 fe~.. '" °/° 39' 20" ~ ct, thence ~ esterly Side oet~~t to the tq~ ~o,~ th~o~'~ ~n~; 310.~m;f~e S. 72~ 5;' 2~t7;~0 31 N. lo~ ,~,terly hne ~r BEGIN~,.~Y Point or -, ~'~ ~ SqUare ~et. ntaining 147, Ma~itu~' ~nZner Ioc~- ~Uthol]~, m the ~e~ at and S*'~' County oe ~,n of said running nov4 or r, oand JOanna o 5 39' 10" reel to the Long along said East, or Said lO" to land Of. Said along l) 403. 00', West, 2) 27' 00', West, 48' 00', West, 4) place of BP t°O2~/OLinWtest' Any ,,~O.~GINHING. t or hear~ eT, SOus des~n~ . should ff~. the above ~o be ~/ace above s~t.~e time and ~rUary 24, 19~ ~Y O~ER ~ SOUT~. Lu~' T~ HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 March 1, 1984 TELEPHONE 765- 1938 Mr. Gary Flanner Olsen P.O. Box 38 mattituck, NY 11952 RE: Country Club Estates Dear Mr. Olsen: The final maps for the above mentioned subdivision were distributed to the Planning Board for their review prior to hearing. Therefore,would please forward 6 copies our referral to the County. Thank you for your cooperation. of the map for Very truly yours, HENRY E. RAYNOR, JR.,CHAIRMAN iUTHOLD TOWN PLANNING BOARD iane M. Schultze, Secretary TUT-NOTE GARY FLANNER OLSEN COUNSELLOR AT LAW P, O. BOX 38 - MAIN ROAD MATTITUCK, L, L, NEW YORK 11952 (516) 298-4844 Southold Town Planning Board Main Road Southold, N.Y. 11971 L Re: Minor Subdivision-Country Club Estates File # 3269 ~ l~Inclosed please find a metes and bounds description as per your request. DATE: HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 February 7, 1984 TELEPHONE 765-1938 Mr. Gary Olsen Counsellor at Law P.O. Box 38 Mattituck, New York 11935 Re: Country Club Estates Cutchogue Dear Mr. Olsen: The following action was taken at the regular meeting of the Southold Town Planning Board on February 6, 1984. RESOLVED That the Southold Town Planning Board set 8:30 p.m., March 12t at the Southold Town Hall, Main Road, Southold as the time and place for a public hearing on the question of approval of the final maps. for the subdivisEon of Country Club Estates in Cutcho~ue. Very truly your~ SOUTHOLD TOWN PLANNING BOARD By Diane M. $chultze, Secretary DECLARATION OF COVENANTS AND RESTRICTIONS This declaration made this -~V~ day of January, 1984, by COUNTRY CLUB ESTATES, a partnership with its principal place of business at One Country Club Drive, Cutchogue, New York. W I TNESSETH: WHEREAS, COUNTRY CLUB ESTATES is the owner in fee simple of certain premises in the Town of Southold, County of Suffolk and State of New York, known and designated on a certain map entitled "Country Club Estates", Lot #32, a subdivision situate at Cutchogue, Town of Southold, County of Suffolk and State of New York, filed in the Office of the Clerk of the County of Suffolk as Map Number 6736 on the 17th day of October, 1978, and WHEREAS, COUNTRY CLUB ESTATES has obtained approval from Southold Town Planning Board to divide said Lot #32 into a 2-lot minor sub-division, and WHEREAS the said SouthoId Town Planning Board as a condition to said approval to the 2-lot minor sub-division has required the filing of certain Covenants and Restrictions; NOW THEREFORE, COUNTRY CLUB ESTATES declares as follows: 1. That no further sub-division will be made of the subject premises, without prior Planning Board approval. 2. That there shall be no access to the lots from the Main Road. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) COUNTR~ C~LUB ESTATEiS On the day of January, 1984, before me personally came PHILIP BABCOCK to me known to be the person who executed the foregoing instrument, and who being duly sworn by me, did dpose and say that~ is a member of the firm of COUNTRY CLUB ESTATES, a co-partnership, and~at/he executed the foregoing in- strument in the firm name of COUNTRY CLUB ~STATE$, and that he had authority to sign the same, and he acknowledged to~ ~ tha.~ he~+xecuted the same as the pur/p%~ tn act and deed of said firm for the ~e~ . theref mentioned. TUT-NOTE GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 38 - MAIN ROAD MATTiTUCK, L. I., NEW YORK 11952 (516) 298-4844 REPLY JAN 25 1984 TO: Southold Town Planning l:Board Main Road Southold, N.Y. 11971 Re: Lot # 32 Country Club Estates-~inor Enclosed please find the following: 1. six copies of final map 2. Or [ginal Delearation of Covena~s Restrietions as required by the Planning ]Board. and Please send me a copy of the final approved map. S,$N~-'J~ ~" %^Ta__lJ,24 [84 SIGNED DATE' ROBERT W. TASKER Town Attorney OFFIC~DORNEY 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 OCT 17 REC'D TELEPHONE (516) 477-1400 October 14, 1983 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Country Club Estates - Minor Subdivision Dear Henry: From the maps and letters which you sent me relative to the above matter, it appears that the following is a chronology of events: On or about June 22, 1982, a minor subdivision map was filed with the Planning Board. The map contained two lots. On December 13, 1982, the Planning Board granted sketch plan approval, subject to three conditions. 3. On April 19, 1983, an application and map were filed with the Planning Board to subdivide the same property into three lots. 4. By letter of the applicant's attorney dated September 22, 1983, applicant advised the Planning Board that he has accepted the two-lot subdivision with the conditions imposed by the Planning Board resolution of December 13, 1982, and that applicant's application for a three lot subdivision is withdrawn. You have requested that I advise the Planning Board of the status of the subdivision in Hght of recent amendments to the Zoning Code. I presume that you are referring to the status of the original two-lot minor subdivision map which received sketch plan approval by the Planning Board on December 13, 1982, subject to conditions which were not consented to until September 22, 1983. As you are aware, on May 16, 1983, the Town Board enacted Local Law No. 7 which became effective on May 20, 1983. This law increased the Mr. Henry E. Raynor -2- minimum lot size from 40,000 sq. ft. to 80,000 sq. ft. On August 9, 1983, the Town Board enacted Local Law No. 9 which, in effect, provided for certain exceptions to the two -acre requirements previously enacted by Local Law No. 7. A copy of Local Law No. 9 is enclosed herewith for the information of the Board. You will note that column A-40 of the Bulk and Parking Schedule applies to "all lots shown on minor subdivision maps that have been given sketch plan approval prior to May 20, 1983". (Section 100-31 B (3)) From the above, it is apparent that the two lot subdivision was granted sketch plan approval prior to May 20, 1983, and that the lot area and yard requirements contained in Column A-40 of the amended Bulk and Parking Schedule are applicable. It is also my opinion that the sketch plan approval granted by the Planning Board by resolution adopted on December 13, 1982, is still effective since no time limit was specified in the resolution for compliance with the conditions set forth therein. Yours very truly, ROBERT W. TASKER RWT :aa eric · this F~)rm for Filing you] Local Law with thc Secretary of Stoic) ~x ~iWxx Southol~ Town ..... ' ~al Law No .......................................................... oAr tl~ year 19 ~ A Io,:,,1 law ....~fi...a..m....e..n...d...g..bQp. t,~r...]..O.Q..fZ, oJ:lJ.o.~)..in..r~l~d~..~.Ar~.:a~d..¥ard (JllJlJJ~ iJaiJ Town ,B,.oa r d Be it enacted by the ........................................................................................................................................ m the ~x ~t Southold as follows: x Chapter ,00 of the Southold Town Code is ,,ereby amended as follows: Section 10031 thereof is hereby amended to read as follows: Section 100 31 - Bulk and Parking Requirements No buildiT~g or premises shall be used and no building or part thereof ;hall be erected or altered in the A Residential and Agricultural District unles, the same conforms to the f~.ilowing Bulk and Parking requirements, to wit: A. In the case of a lot held in single and separate ownership prior to Nov, mi ~.r 23, 1971 and thereafter, with an area of less than forty thousand (q0,000 sq.ft.) square feet, a single family dwelling may be constructed thereon, provided that the requirements of Column A of the Bulk and Parking Schedule inc(yrportaed into this chapter are complied with. B. The Bulk ap { Parkin~ requirements for single family dwellings as set f,rtl~ in Column A qO of the Bulk and Parking S(.hedule IllCOl'pOrdtt J illtO tJlJ~ chapter s~all apply to thu ft'h)wHig h,t5, to ~ I) All lots shown on Major arid Minor subdivisu~t re.H), which were granted final approval by tht Planning Board ~pubseque.[ to November 23, 1971 and~prior to May 20, 1983. ~) ~11 lots shown on ~4ajor subdivision maps upon which the Planning Board has held a hearing for preliminary map ..pproval prior to May 20, 1983. ~'-(If additi,,n.d ~ace is neededI ~lease ~_'~ch shee~s of the same size as this aa,! ...,bet each:,-- Page I All lots shr, wn on Minor subdivision maps that have been granted sketch plan approval by t'he Planning Board prior to May 20, 1983. All lots setoff or created by app. uval of the Planning Board subsequent to November 23, 1971 and prior to May 20, 1983, The Bulk and Parking requirements for single family dwellings set forth in Column A 80 of the Bulk and Parking Schedule incorporated wit: (2) (]) into this chapter shall apply to the following lots, to All lots shown oil Minor subdivision maps which have been granted sketch plan approval by the Planning [¢oard on or after May 20, 1983. All lots shown on Major subdivision maps upon which the Planning Board has held a hearing for preliminary map approval on or after May 20, 1983. All lots setoff or created by approval of the Plar, ning Board on or after May 20, 1983. The Bt~lk and Parking requirements for two family dwellings set forth in Column A 160 of the Bulk and Parking Schedule inco,-I~)ratecl into this t!,;]pter shall apply to the following lots, to wit: (1) All' I ts shown on Minor subdivision maps which have been granted sketch plan approval by the Planning Board on or after May 20, 1983. (2) All lots shown or~ M, jor subdivision maps upon which the Planning Board has held a hearing for preliminary approval on or after May 20, 1983. (3) All lots setoff or created by approval of the Planning Board on ~r after- May 20, 1983. tl. Se~_tion I00 .:H~, thereol is repealed. -2- III. The "Bulk and Parking Schedule" applicable to the "A" Residential and Agricultural Districts is amended to read as follows, to wit: BULK AND PARKING SCHEDULE A RESIDENCE DISTRICT TWO FAMILY SINGLE FAMILY DWELLINGS DWELLINGS A A-~0 A-80 A-160 Minimum .- Requirements Total lot area (sq.ft,) 40,000 80,000 160,000 Lot wid[h [ft.) 150 175 270 Lot depth (ft.) 175 250 400 Front yard (ft.) 35 50 60 60 One side yard (fJc-j 10 15 20 Both side yards (ft.) 25 35 ~15 50 Rear yard (ft.) 35 50 75 75 Livable floor area (sq.ft. per dwelling unit 850 850 850 850 Off-street parking spaces per dwelling unit 2 2 2 3 ~' Maximum Permitted Lot covu, age (p~rcent) 20 20 20 20 Building t,cight Number of stories 2~ 2~ 2~ 2,~ Feet 35 35 · 35 35 IV. This Local Law shall take effect m.ll¢-r Ih.,r.,in ~,hil h i~ iml aplHiCahle.) ~XX~l'Southo d wa~ (hlJy pH~,~d J,~ the Town Board Aug ;t 9. t9 83 hi acc.rdan(.o with Ilu) aj,l,lh al,J. ', ...... 9 oF 19 8,3 (Pa'...agc h) Io,'al ItqO~lati~c hud) v~ilJl .pptovul or no di>al, pro~.J b) I:.lm:ti~o ( hi,~ Excc.d~. O[~i~.r ,' I h,,r,.hy c,'rlil'~rthal tho ImM law urmf, x*,,I h,'mhq de~ignafedasl,,~ al hmX,, .f 19 ...... of thc I'o~n ~ ' , ........ was duly pass.d hy the .................... nol disappr, wM -. ]9 and wa~ approved IW dj- ami ~,,~ ,h ,...,,I ,hd., .d.l,tcd .n 19 , i. ~c{ .rdat. ~. ~ith the applicable 3. (l"imd ..h,plil,n h) ri,l'er,.ndunl.) I t. r, h:.,, ,'lit'~ Il,at IJit. h,,.l Jaw a.l..~.d Jler,.l% lJ*'~iguah.d a-, h,*'al I&w N,~ -f [9 ......... ...... was duly passed hy the ..... IU .mi was al,proved I)} th(. 10 Such h.'al k,w ~.~ s.J mitred t,~ I}H' p~..i,b: I~ reason of a JU , h[ ,i ....1,14lU ~' V, llh thc appli- th,,r,,,,. ,,, 11. $1.q iai ~,J,.c'tittu JlcJ¢J ,m ,.,l,t, ;,r,,~i-i.[ .... f Jaw. (~tdq,,ul I. p,,rnu~:.iw~ r*,i'OrOlldUnl,nlld J'inl, lJ mJnlilton J;¢s,:Juiso no vnlid i;elition r¢.fer~.ndum. ) I ii,,. t,~, , ,.dify Ihal Ihe Joc.i law tmnexed h,.r,.t., de:.ign,m.d a~ h..I I,,~ X,,. ( iii~, ,,f ~i,,' 'was duly pas~.lJ hy Iht. ,UJlJ WnS alq~rovplJ b} ~cl,assed afh.r ,li,,,q,l,h~ ,d '' I') . ~u(h h.'al I.. I,,,i.g sijJ,jt.~ I I .... p~.lrhl t%,~ ri J, ii h,ltllli ,llld IllJ ~,,Ji,i I" hll,,. :, tjH{ ::1~11~~ >,Ill Ii ruh'rl'fldiiul Jlil~illt~ Jll'Jql fiJ,'d, said h,~ ~,1 ]a~ ,~;,, d, m,.,] hd,, 4,{,,i,tcd ,m J9 , iu acfor(JaliC~. ~illl fl., al,l,h, ;d,h i,~,,~i ,m, .I fih'd reque, bt lng ,,f 19 ..... S'leclave Ch'Cf Executive O{~leof moms 01' Indude~ ~e chkJ eX~USb~ offle.~r ul a county el~led on a cuumy-wlde barn if thee b~ none. the chabman of th~ ~qlel~ ~ lilly0 tl~ B~yolr of · oily or vlUase or the ~upervuor o! · town, P~sge 2 ,*[ tYu' q,~.litt,'.l ~ I,'~ h,~. ~,f .~n, h , it) ,.ting thel*.mx nl H,,' ~m,ral electi.xt b,hi .,, .................................. 6. (('ount} I~,[ll law c~ltcurnilt~, ad~,l)titm ol ('h[irlcr.) I hc]c'by COT[ii'5 lit:it thc Iocall:,w anlLcxed hclch, dc'~ignatcdu~ Local Ldw Nu of Ig ...... of thc C'OUgtE~ o[' . ................................... , Sta{c td ~cw YulL, having bccn .;ubmitt~d I,~ thc EIccto~ at thc ~n~ral ~l~ti~n og ~oxcmb~r .......... 19 ........... purstt;int tq subdivisions ~ ;Xlltl Tot' gu~ti~m ~3 o~ thc Muni* cipul Home Rule I.aw,;md having rccdv~d thc arl'irmalisc w~tc of a majority of thc quulff~Cd clccto~ of the considered as a unit w~tillg at said general vlcclit)n, I/['C;llllu' (q~crativ~. (If un) other ..th~rizt'd form .f fin.l ud.pti.n h.- hr. eh f.llow.d, ph~u~,~ pr(pride ua uppropria[e certi[ietxtion.) ~ I ~tmi.,r ~ ,.rtify xl~at I have ~'oaq,ar,.d ~iu, i,n~m*dit,g h)~'a] law with ~l. ,.'i~i.,,I -n fil~ in tlnls office fi~ally ad.pt~d i. Ih~ mi~nner indiratl'd in paragraph ~ ....... allow.. (..~1~ ol me County lel~lauve body, City, 1 ovm ~ C'lelk ox August 10, 1983 Judith T. Terry, Town Clerk ((:c~tifiuutiuu tu I*u exeeut,:d hy Cuunly Attorney, Corl,ofakion I',(.,n..,q, 'l'o~.n Alh~rn,,y, Village Atl,urney or otht~r autlwrized Att~true¥ of 1oeullty,) .%'I'A'I'I,: ()1.' NEW (:tmn'l'V (:t,' .S.U F.FO.L!~ ....... .RgCPr3.~... TAsg. qr,. ~q*o. A!tqr0ey .......... x of Sou~old ...... Page 3 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 September 30, 1983 TELEPHONE 765- 1938 Mr. Robert W. Tasker Town Attorney 425 Main Street Greenport, New York 11944 Re: Country Club Estates Dear Bob: Enclosed please find file and covering letter from applicant's attorney, Gary Flanner Olsen, with regard to minor subdivision Country Club Estates at Cutchogue. As you can see by the chronology of the submission, this was originally a two-lot minor which had rec&ived sketch plan not acted upon by the applicant and subseqently resubmitted as a three-lot subdivision. His letter dated September 22 now requests a withdrawal of his three-lot subdivision and a request for the original two-lot submis- sion which the applicant back in December would not consent to the conditions placed by resolution of the Planning Board. Please advise as to the status you would determine this subdivision belonging with respect to our new zoning regula- tions. Very truly yours, Henry E. Raynor, Jr., Chairman Southold Town Planning Board Enc. sel (~ARY FLANNER OLSEN P O. BOX 38 · MAIN ROAD , MATTITUCK, LONG ISLAND, NEW YORK 1195~ - PHONE 516 E98-4844 September 22, 1983 Re: Country Club Estates Minor Sub-Division - Lot #32 File #3269 Gentlemen: Please be advised that I have been informed by my client, Philip Babcock, of Country Club Estates, that he will accept the two-lot minor sub- division as approved on December 13, 1983, by the Planning Board, and that he will accept the conditions as imposed by tte Board in your letter of December 15, 1982, addressed to my office. Please let this confirm that the three-lot sub-division should~on- sidered withdrawn. / } Please includ~this minor sub-division on your list of sub/divisions to be excepted from the new zoning regulations. Very t rul~y~/~ GFO/emj Southold Town Planning Board Main Road Southold, NY 11971 Southold, N.Y. 11971 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCH1E LATHAM, Jr. WILLIAM F. MULLEN, Jr. June 30, 1983 Mr. Gary Flanner Olsen Counsellor at Law P.O. Box 38 Mattituck, New York 11952 Dear Mr. Olsen: The enclosed application for your minor subdivision does not meet the present zoning requirements of 80,000 square foot lots. Althouqh your application was distributed and reviewed by each member of the Planning Board, it did not receive sketch approval prior to May 20, 1983 on which date the Southold Town Board legislated new zoning require- ments as noted above, and is therefore being returned. TELEPHONE 765-1938 Very truly yours, sel Encl. Country Club Estates Henry E. Raynor, Jr., Chairman Southold Town Planning Board GARY FLANNER OLSEN COUNSELLOR AT LAW P 0 BOX 38 · MAIN ROAD · MATTITUCK, LONG ISLAND, NEW YORK 11952 · PHONE April 19, 1983 Re: Country Club Estates Minor Sub-division Gentlemen: Enclosed please find an application for a 3-Lot minor sub-division of Lot #32 of the Country Club Estates, along with 6 copies of the ~ap. Please advise when this matter will be on your Agen .~! Very t~]yOups, ~ARY FLAN~ER ~LSEN GFO :me~ Ennlosu~es Southold Town Planning Board Main Road Southold, NY 11971 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 March 30, 1983 Mr. Gary Flanner Olsen Counsellor at Law P.O. Box 38 Mattituck, New York 11952 Re: Country Club Estates Dear Mr. Olsen: Please let this confirm our meeting March 28, 1983 at which time you requested release of condition number three in the Planning Board resolution dated December 13, 1982. It was the concensus of the Planning Board to remain in agreement with condition number three regarding the 25' right-of-way with a turnaround area from Linden Avenue. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary P O. BOX 38 · MAIN ROAD - MATTITUCK, LONG ISLAND, NEW YORK 11952 . RHONE 51S ~98-4844 March 1, 1983 Re: Country Club Estates-Lot #32 Minor Sub-division File #3269 Dear Henry: Please let this confirm my receipt of your letter of February 16, 1983 in re the above captioned imatter. I would like to meet with the Board to review this matter an~uld appreciate your advising me as to the date and time. / ~ Best regards. Very tru~;/s. / ,.// GFO :me w Henry E. Raynor, Jr., chairman Southold Planning Board Main Road Southold, NY 11971 (_~G~RY FLA~EN HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. i 1971 TELEPHONE 765-1938 February 16, 1983 Mr. Gary Flanner Olsen Counsellor at Law P.O. Box 38 Mattituck, New York 11952 Re: Country Club Estates Dear Mr. Olsen: Our Board discussed your letter of January 20, at our meeting February 7, 1983 regarding the above subdivision. 1983 captioned It was the concensus of the Board to remain in agreement with condition #3 as stated in the resolution of the Planning Board December 13, 1982. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Country Club Estates Lot # 32 Minor Subdivision Description Ail that certain plot or parcel of land situate, lying and being at Cutchogue, Town of Southold Suffolk County, New York, known and desi~ated as Lot # 32 on a map entitled Country Club Estates filed in the Suffolk County Clerk's Officeas file No. 6736 which lot is more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Main Road (N.Y.S. Rte 25) which point marks the division line of Lot 32 and lot 31 on Country Club Estates Subdivision Map # 6736; running thence along the southerly side of Main Road N. 70° 50' 00" E. 30.00 feet; thence N 66° 54' 20"E. 455 .22 feet to land now or formerly of Jablanski; thence S 18° 24' 10"E. 358.88 feet; thence N. 67° 47' 10"E. 75.00 feet; thence N. 67° 39' 40"E. 46. 18 feet; thence N. 67° 41' 20"E. 16.81 feet to the westerly side of Linden Avenue a/k/a Moore's Lane; thence along the westerly side of Linden Avenue S. 5° 25' 50"W. 130,00 feet; thence N. 840 34' 10"W. 178.00 feet; thence N. 54° 40' 10" 157.40 feet; thence S. 72° 54' 20"W. 310.00 feet to lot 31; thence along the easterlyline of Lot 31 N. 19° 10' 00"W. 225.00 feet to the point or place of BEGINNING. PG. (13) 2/7/83 The Board discussed with Councilman John Nickles the question of Planning Board determination regarding access roads out_%de the perimeter of the subdivison.t-The present procedure woul~ ~e Planning Board determination for those roads within the subdivision and the Zoning Board of Appeals determination for those roads outside the the metes and bounds of the subdivision. It was noted that this could be changed by the passage of a local law. untry Club Estates - The Board discussed Mr. Gary Flanner Olsen's l~tter of January 20, 1983 regarding the condition placed on the sketch approval regarding access to the lots. It was the concensus of the Board to remain in agreement with condition #3 as stated in the esolution of the Planning Board December 13, 1982.' / Elizabeth Diefendorf - The applicant dated January 21, Restrictions regarding this B rd reviewed correspondence from the 1983 and the Declaration of Covenants and proposed subdivision. On motion made by Mr. Orlowski, seconded by Mr. Latham, it was RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of Elizabeth Diefendorf, located at New Suffolk. An initial determination of nonsignificance has been made. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski On motion made by Mr. Mullen, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board approve the sketch map of the minor subdivision of Elizabeth Diefendorf, dated Septermber 27, 1982 and amended January 17, 1983, located at New Suffolk and compliance with Article 6 of the Suffolk County Department of Health Services prior to the scheduling of a public hearing. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski GARY FLANNER OLSEN January 20, 1983 Re: Country Club Estates Minor Sub-division File #3269 Lot #32 Dear Henry: As you outlined in your letter of December 29, 1983, Mr. Babcock would like the Board to reconsider the requirement that the, westerly lot (Lot #1, minor sub-division), obtain access from Moores Lane, rather than directly from the Main Road. This would decrease the desirability for the easterly half (Lot #2) and would be costly for the purchaser of Lot #1 to install. As you are aware, there is already an existing old driveway from the Main Road leading into Lot #1, which could be utilized and it is hard to conceive that this one drive- way would cause any undue traffic problems for the Main Road. My client is presently under contract to sell Lot #1 to a Robert and Ann Van Mather under very desirable terms. The Van Mathers are related to the owners of the adjoining parcel to the west and are most desirous of purchasing Lot #1 for that reason as well as for the reason that Mr. Van Mather would be close to the North Fork Country Club where is he employed. There is no difficulty in Lot #2 obtaining access from Moores Lane rather than the Main Road, since it has frontage on Moores Lane. I would be. more than happy to discuss this with you and/or th/Bo~d to answer any questxons or clarify my client's position, if you so desi~. YoUr thoughtful review of this request would be greatly appreciated. / Very truly y96rs GA~ FLAN~1ER OLSEN GFO/emj / Southold Town Planning Board Town Hall Main Road 'outhold, NY 11971 tention: Henry E. Raynor, Jr. 3. 4. 5. 6. 7. 11. 12. ~INOR SUBDIVISION 6 copies sketch plan received spot elevations sent to Planning Board ~ Meet with Planning Board Required changes sent in writing New submission received Approval of sketch plan Sent letter with resolution approving Application and fee If corporation, affidavit of ownership 6 copies o~ final map Covenants and restrictions Description of property Note on plat that sanitation ans water facilities meet County Board of Health specifications Developer attend meeting (official submission) Public Hearing within 45 days) Advertised Affidavits of publication received Action by Planning Board (within 45 days) Sent to County Planning Commission Received County's recommendations Filed covenants and restrictions received Authorization and signing of map Southold, N.Y. 11971 HENRYE. RAYNOR, Jr.,Cha~man JAMESWALL BENNETT ORLOWS~,Jr. GEORGE ~TC~ELATHAM,Jr. WIL~AMF. MULLEN, Jr. Mr. Gary Planner Olsen Counsellor at Law Main Road Mattituck, New York 11952 December 29, 1982 Re: Country Club Estates Minor Subdivision Dear Mr. Olsen: I have been contacted by your client on the 24th of Decembe~ at my place of busines~ indicating that the proposed minor subdivision of Country Club Estates, as approved by our Board December 13, 1982, is not satisfac- tory to your client. Condition #3, the creation of the 25' right-of-way with a turnaround, apparently causes problems for the processing of this application. Your client has indicated that this condition would create a hardship, possibly eliminating the sale of the lot in question. I would appreciate all communication with regard to this property come through your office so that no con- fusion exists in the disposition of this matter. Please advise me, as soon as possible, so that we may have disposition on this file. TELEPHONE 765-1938 Very truly yours, Henry E. Raynor, Jr., Chairman Southold Town Planning Board sel cc: Philip Babcock Planning Board Members HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE PdTCHIE LATHAM, Jr. WILLiAM F. MULLEN, Jr. TO~I OJ~OUTJ~IOI~D Southold, N.Y. 11971 TELEPHONE 765-1938 December 15, 1982 Mr. Gary Flanner Olsen Counsellor at Law Main Road Mattituck, New York 11952 Re: Country Club Estates Dear Mr. Oslen: The following resolution was passed by the Southold Town Planning Board, Monday, December 13, 1982. RESOLVED that the the sketch map of the Club Estates, located conditions: Southold Town Planning Board approve two lot minor subdivision of Country at Cutchogue, subject to the following Covanants and restrictions stating no further subdivision will be made on the property in the future to be filed. 2. There shall be no access to the lots from the Main Road. 3. A 25' Sight-of-way with a turn-a-round area to be disignated on the map from Linden Avenue. A sketch of the right-of-way has been enclosed for your review. Please forward six (6) copies of the final map to our office for referrals to state and county agencies. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Enc. ROBERT W. TASKER To~a~ Attorney OFF D 425 MAIN ST. GREENPORT, L.L, NEW YORK 11944 November 22, 1982 TELEPHONE (5~6) 477-1400 Mr. Henry E. Raynor, Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Country Club Estates Dear Henry: You previously sent me an unexecuted copy of the declaration of covenants and restrictions relative to the above subdivision and asked me for an opinion as to whether or not Lot 32 on the map may be resubdivided. By letter dated September 22, 1982, I sent you my opinion which concluded thai Lot 32 could not be resubdivided since the declaration prohibited any resub- division. Recently you sent me another set of covenants and restrictions dated October 10, 1978, and recorded in Liber 8540 at page 510. This most recent declara- tion is different from the earlier declaration from which I rendered my opinion. The latest declaration does not, if fact, prohibit the resubdivision of Lot 32. It does provide~, in paragraph 2 on page 3, that no lot can be resubdivided without the prior approval of the Southold Town Planning Board, Zoning Board of Appeals or other appropriate governmental agencies and that such provision applies to Lots 30, 31; 32 and 17. It is my opinion that the most recent recorded declaration does not absolutely prohibit resubdivision. It provides that certain numbered lots can not be resubdivided without prior approval of the Planning Board. I do not know whether or not the Planning Board, when considering this sub- division, required that the declaration of covenants and restrictions be approved by the Planning Board. If the Planning Board required that the declaration be approved by it, then the question is which declaration was Mr. Henry E. Ray-nor -2- November 22, 1982 actually approved by the Planning Board. It would appear that a set of declara- tions were submitted to the Planning Board and, thereafter, they were changed, executed and recorded in the County Clerk's Office. Yours very truly, ROBERT W. TASKI~ RWT :aa HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southotd, N.Y. 11971 TELEPHONE 765-1938 November 1, 1982 Mr. Robert Tasker Town Attorney 425 Main Street Greenport, New York 11944 Re: Country Club Estates Minor Subdivision Dear Mr. Tasker: Enclosed please find corrected copy of the filed covenants and restrictions re: above submitted to this office by Mr. Gary Flanner Olsen. We would request that you review them and advise this office if there is any problem in proceeding with the minor subdivision of lot #32 as the covenants and restrictions forwarded to you July 30th were never filed as indicated in our letter. For your convenience I have enclosed a copy of your reply regarding the covenants and restrictions forwarded to your office earlier. Thanking you for your assistance. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Encls. ROBERT W. TASKER Town Attorney EY (516) 477-1400 425 MAIN ST. GREENPORT, L.I., NEW YORK 11944 September 22, 1982 Mr. Henry E. Raynor, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 Re: Country Club Estates Dear Henry: You have sent me a copy of the Declaration of Covenants and Restrictions applicable to the subdivision known as Country Club E states. You have indicated that the developer has filed an application with the Planning Board for a minor subdivision of Lot No.32 as shown on the major subdivision of Country Club Estates. You have asked for my opinion as to whether or not the subdivision of this lot is prohibited pursuant to the provisions of the Declarations of Covenants and Restrictions. The last paragraph on page 1 of the Declaration provides in part that the "restrictions which shall run with the land until January 1, 1980 with exceptions hereinafter noted which shall run in perpetuity," Paragraph 2 on page 3 of the Declaration provides that "No lot shall be resub- divided nor shall application be made to the Planning Board or the Tov~n of ) Southold for resubdivision of any lot. This provision shall run in perpetuity, and shall also apply to Lot No. 32." Paragraph 18 at page 8 of the Declaration provides as follows: "These Covenants and Restrictions do not apply to Lots 30, 31 and 32 of this subdivision, except that there should be no vehicle access from Lot No. 32 from the Main Road, which restriction shall run in perpetuity." Paragraph 19 of page 8 of the Declaration provides as follows: "These coven- ants and restrictions shall not apply to Lots No. 30, 31, 32 unless otherwise noted herein." Mr. Henry E. Raynor, Jr. -2- September 22, 1982 It is obvious from a reading of the above quoted provisions of the Declaration that they all conflict with each other. Paragraph 2 provides that no lot shall be subdivided nor shall application be made to the Planning Board for such subdivision and that this provision shall apply to Lot No. 32. Paragraph 18 of the Declaration states that the Covenants and Restrictions shall not apply to Lois 30, 31 and 32. Paragraph 19 provides that the Covenants and Restrictions shall not apply to Lots 30, 31 and 32 unless otherwise noted herein. I believe that it would be a fair interpretation of the meaning of these provisions when read together with paragraph 2 which provides that no resubdivision shall be applicable and that this provision shall also apply to Lot 32 is intended to override and supersede any other conflicting provisions of the Declaration. In summary, it is my opinion that Paragraph 2 of the Declaration controls and, accordingly, no lot shall be subdivided or should any application by made to the Planning Board for the subdivision of a lot, particularly Lot No. 32. Yours very truly, ROBER. T W. TASKER RWT:aa GARY FLANNER OLSEN COUNSELLOR AT LAW October 21, 1982 CC: Re-' Country Ulub Estates - Lot #3 Minor Sub-Division File #3269 Dear Bob: Let this confirm our conversation of Monday, October 18, 1982, at which time you indicated that there was some confusion as to the contents of the Covenants and Restrictions filed by Country Club Estates, concerning Paragraph #2, which deals with the question of minor sub-division. You indicated that you reviewed a set of restrictions, which were sent by my office to the Planning Board, with a covering letter of September 28, 1978. Thereafter, I sent a letter dated October 5, 1978 to the Planning Board with revised language for Paragraph #2. I was informed by Susan Long that there is a notation in her file that the revision language was approved both by you and Henry Raynor and accordingly, the revised language was utilized in the final set of the Covenants and Restrictions, which was recorded with the Suffolk County Clerk's Office in Liber 8540, Page 510. Said Paragraph #2, as recorded, reads as follows: "Restriction on division and use of lots No lot shall re resubdivided without prior approval of the Southoid Planning Board, Zoning Board of Appeals or other appropriate governmental agencies. This provision shall run in perpetuity and shall also apply to Lots 30, 31 and 32, and 17." I hope that this clears up any confusion and that the Planning Boa~now~ill be able to proceed with this matter. Best regards. GFO/emj Robert Tasker, Esq. 425 Main Street Greenport, NY 11944 Philip Babcock, Planning Board C~ARY FLANNER OLSEN P, O. BOX 38 ' MAIN ROAD ' ~ Bobt ~e~t regards. Cutchogue. NY llOiS '~e: Country CI~ wi,thou,': 3 acres, we are seekingI two parcels. This ~ce At ~ a~t t~o.~t tbs Very HENRY E. RAYNOR, Jr., Cha;Yman JAMES WALL BENNETT ORLOWSKI, JL GEORGE RITCH1E LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 July 30, 1982 Mr. Robert Tasker Town Attorney 425 Main Street Greenport, New York 11944 Re: Country Club Estates Dear Mr. Tasker: Our board is presently reviewing the minor subdivision of Country Club Estates, located at Cutchogue. This subdiv- ision consists of lot #32 of the approved major subdivision under the same name. I have enclosed a copy of the covenants and restrictions placed on this property and request that you review page three, paragraph two which states no lot shall be resub- sivided in perpetuity. The attorney for the applicant has indicated such covenants do not apply as so stated on page eight, paragraphs 18 and 19. We would appreciate any information pertaining to the status of this proposal which is now before us. T~ank you for your assistance. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Encls. TUT-NOTE L GARY FLANNER OLSEN COUNSELLOR AT LAW P. O. BOX 38 ' MAIN ROAD Southold Town Planning Board Town Hall Main Road Southold, New York 11971 JUL 3 0 REC'D Re: Country Club Estates - Lot #32 File #3269 Please let this confirm that you will corect the application to reflect the propers, Lot Nurnber. Instead of Lot ~ the application should read Lot #S2. DATE 7[29/82 SIGNED DATE:-- GARY FIANNER OLSEN COUNSELLOR AT LAW P. O. BOX 38 - MA~N ROAD MATTITUCK, L. I., NEW YORK 11952 JUN g g REC'D r- Te Southold Town Planning Board Town Hall Main Road Southold, New York 11971 i i Re: Country Club Estates - Lot #3 File #3269 Enclosed please find an application for a minor sub-division and the short form Enviornmental Adjustment Statement and six copies of the sub-division map. Also enc~/~e filing fee of ~$.00. SIGNED DATE: TC,~'~ OF SOUTHOLD SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS; (a) I'n' Order to answer the questions in this short EAF it is assumed that the preparer wiiI use currently ava£1abie information concerning the project ,and the iikely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that this project is not significant. (dj Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? ............. Yes ~No 2. Will there be a major change to any unique or unusual land form found on the site? .......... Yes xNo 3. Will project alter or have a large effect on existing body of water? ....................... Y~s 4. Will project have a potentially large impact on groundwater quality? ....................... Yes 5. Will project significantly effect drainage flow on adjacent sites? ........................ Yes XNo 6. Will project affect any threatened or endangered plant or animal species? ........... Yes 7. Will project result in a major adverse effect XN on air quality? ............... Yes o 8. Will project have a major effect on visual character of the community or scenic vlew. s or vistas known to be important to the community? Yes ~ No 9. Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site designated as o critical environmental area by a local agency? ........ -;- " ' ... .. Yes X No 10. Will project have o moj~r'e~ect ~n'eiii~i~ -- · 1 Yes X No or future recreat~ona opportunities? ......... 11. Will project result in major traffic problems or cause o major effect to existing transportation systems?, ...................... Yes ~ No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical result of the project's disturbance as o Yes X No operation? .................................... -- 13. Will project have any impact on public health Yes X No or safety? .................... 14. Will project affect eiii i2g 21mLni y' y directly causing o growth in permanent population of more than 5 percent over a one year period or have a major negative effect on the character of the community or neighborhood? ............................... Yes ~ No 15. Is there public controversy concerning the Yes X No project? ...................................... -- REPRESENTING DATE June 15, 1982 APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final)approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold 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 ... l~LillOr. Sub.-.div'J. aion. ~. Lo.t. ~.3~ COU1W.TlgM CLUB ESTATES 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 Count,, C erk's office as follo~vs: - Liber ..... .824.S ............. Page ....... S67 ........... On Liber ........................ Page ...................... On Liber ........................ Page ...................... On Liber ........................ Page ...................... On Liber ........................ Page ...................... On as devised under the Last Will and Testament of or as distributee 5. The area of the land is . .1.47, 1517. sqllar~e-feeto 6. All taxes which are liens on the land at the date hereof have been paid except ............ .......... N O N E 7. The land is encumbered by N O N "E mortgage (s) as follows: ......................................... (a) Mortgage recorded in Liber .............. Page .................. in original amount of $ .............. unpaid amount $ ..................... held by ...................... .............. address (b) Mortgage recorded in Liber ......... Page ....................... in original amount of .............. unpaid amount $ ...................... held by ...................... .............. address · , APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final)approval of a subdivision lflat in accordance with Article 16 of the To~vn I,aw arid tl~e Rules and Regulations of the Sonthold Town Planning Board, and represents and states as follows: l.. The applicant is the owner of record of the laud under application. (If the applicant is not the owner of record of the land nnder application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be ... 1Vl~Or. Sllb.'~clixrj. l~&on..-. Lo.t. ~.3o. coLr. N. TRY CLUB ....................... ESTATES 3 The entire land under application is described in Schedule "A" hereto annexed. suggested.) (Copy of deed 4 The land is held hy the applicant under deeds recorded in Suffolk Cmmtv Clerk's office as follows: . Liber ..... .~243 ....... Page Liber ..... Liber Liber Liber ....... ~67 ........... On ................... Page ...................... On ........................ Page ...................... On ........................ Page ...................... On ........................ Page ...................... On as devised under the Last Will and Testament of .. or as distributee ...... 5. The area of the land is . .1~7, 517. square-feet. 6. All taxes which are liens on the land at the date hereof have been paid except ............ ............ N O N E 7. 'rhe land is encumbered by ... N O N "E mortgage (s) as follows: ........................................... (a) Mortgage recorded in Liher Page ................................ in or{gina! amount o[$ .............. unpaid amount $ ..................... heht by ...................... .............. address .... (b) Mortgage recorded in Liber .. Page .............................. in original amount el .............. unpaid amount $ ...................... held by .......... .............. address May. .1 O, .1.9.7.7. ..... (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 0 N E 9 The land lies in the following zoning use districts ...... Agricultural ~ Resi,d. ential 10. No part of the land lies Under water wheth er title water, stream, pond water or otherwise, ex- cept ............ 1~' 0 ~ E 11. The applicant shall at his expense install all required public improvements. 12. The land ilt~10r (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 . .ind.i~r. i d tta.1...w.e, l l~ .............................. and (a) (no) charge will be made for installing sa|d mains. 14. Electric lines and standards will be installed by ........ ¥,.I. LC lO ....................... lines. ' ......................... and (a) (no) charge will be made for installing said 15. Gas mains will be installed by ........ ~.. A .............. and (a) (no) charge will be made for installing said n~i'~s. ' .................... 16. If streets shown on the plat are claimed by the apl)I/cant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same, NYS l~otlte 117. If streets shown on the plat are claimed by the applicant to be existing pnblic streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same~ Lirldsrl Avorltl~, Moore8 Lane. 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 extensi{ms 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 conjunctioos 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 applicant estimates tbat the cost of grading and reqnired public improvements will be $. l~'O~ . as itemized in Schedule "E" hereto annexed and reqnests that the maturity of the Performance Bond be fixed at .............. years. The Performance Bond will be written by a licensed surety company nnless otherwise shown on Scbedule "F". DATE ...JUne. ltl, .............. .... 19fi2. · .Cnurztry. Cl.uh ~E$.tate$ .................... (Signature ami Title) ....... O.n..e..C.p.u.n..~VM .C..1.u.b...L~...n.% ......... NY CutehogB. e, (Address) 1193~ STATE; OF NEW YORK, COUNTY OF ....... SIIF..FOLK .............. ss: On the ...... 15.th ....... day of ........ J'tlne ................. Ic). 82.., before ,ne personally came ...... Ehiltp. E~ab.qock ................... to ,ne known to be the individual d~ed i~and who ot~ry Public, St OLSEN ~, ~ ate of New Yor STATE OF NEW YORK, COUNTY O~ " · 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. ............................. tbat .......................... is the .......... the corporation described in and whleh executed the foregoing instrnment; that ............ knows the seal of said corporation; that the seal affixed hy order of the board of directors of said corporation. and that ............ signed .... .......... name thereto by like order. Notary P~blic ................................. T, LD Southold, N.Y. 11971 (516) 765-1938 April 3, 1985 Ann-Marie Van Mater P.O. Box 521 Cutchogue, NY 11935 Re: Access road within Lot # 32 Country Club Estates Dear Mrs. Van Mater: The following action was taken by the Southold Town Planning Board[, Monday, April 1, 1985. RESOLVED that the Southold Town Planning Board accepts the final access road report No. 433 for the access road within the minor subdivision of Country Club Estates, Lot No. 32 located at Cutchogue. The Planning Boar~ als~ accepts the 11 foot. road width. Enclosed is a copy of the report for your review. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M ~chultze, Secretary enc. cc: Building Department TO: Bennett Orlowski, Jr., Chairman Report No. 433 Southold Town Planning Board ~ROM: John W. Davis Date: March 14, 1985 RE: COT~TRY CLUB ESTATES, LOT NO. 32 (NOW MINOR SUBDIVISION WI~H LOTS # 1 and ~ 2) ACCESS TO LOT NO. 1 COMMEN TS: In~oection of the above access as follows: ~he roadway is 4~2 ft. ± in length and stops 75 ft. from the house attached garage. ~here is a stable (sand and gravel) area here in front of the garage. Toe roadway width is 11 ft. instead of the recommended width of 14 ft. No surfacs chins were used (not important). ~he roadway is profiled at the entrance so that no runoff goes into Moore's Lane. ~he nresent road as constr~cted has a smooth surface, no irre$~larities and is usable. ~he ~raded area in front of the garage can be used for turning emergency vehicles. Ibis installation was done some time ago with no inspection on my ~art, as I was not notified when the work would be started. ~he following information from the lot owner, who I happened to meet on *~e site: All topsoil was removed, sand and gravel brought in for the base course, and that the road contractor had been paid for a 4" depth of asphalt paving. Also, that the area in front of the garage would be paved with asphalt, and that he did not know about the change in road width. I contacted P. Corazzini on the asphalt tonnage placed. He said he used 87 tons (was in his records) for a 2~" depth on the bankrun course. ~heoretical tonnage for the width and length at ~" in thickness for this road as built would be 75 tons. A 4" depth would require 153 tons. ~he owner was misinformed as to the 4" depth of asohalt. Provided the 11 ft. width is acceptable to the Superintendent of HighwayS and the Planning Board, I would aoorove the road work. NO~E: I went. over the above with Mr. Dean. He will acceot the llft. road width. 1985 P.O. Box 521 Cutchogue, NY 11935 March 13, 1985 Town Planning Board ATT: Diane Schultz Town Hall Main Road Southold, NY 11971 Dear Diane: As per our conversation yesterday, I would like to request an inspection of the access road off of Moores Lane to our property in Cutchogue. I would appreciate it if this could be done as soon as pos- sible as it is the only thing that is holding us up from getting our C.O. Thank you. Sincerely, Anne-Marie Van Mater Southold, N.Y. 11971 (516) 765-19~8 March 12, 1985 Mr. John W. Davis Sterling Road Cutchogue, NY 1.1935 Re: Country Club Estates Lot No. 32 Dear Mr. Davis: As per my conversation with you of this date, our office has been informed that the access road within the above mentioned subdivision has been completed according to the requirements. Would you please make an inspection of the access road, and advise if the work has been done in a satisfactory manner. The owners are anxious to obtain a final certificate of occupancy. Enclosed is a subdivision map. Thank you for your ~sistance in this matter. Very truly yours, enc. BENNETT ORLOWSKI, JR. , CHAIRMAN ~ne~ ' .~~cretary DECLARATION OF COVENANTS AND RESTRI(;TIONS DESIGNED TO PROTECT HIGHER PROPERTY VALUES AT COUNTRY CLUB ESTATES This declaration made this day of , 1978, by COUNTRY CLUB ESTATES, a partnership with [ts principal place of busi- n~ss at ~no aurnber) Praity Lane, Cuh-hogue, Nrnv York. W I T N E S S E T H : WHEREAS, COUNTRY CI3UB-ESTATES is the owner in fee simple of certain premises in the Town of ~outhold, County of Suffolk and State of New York, known and designated on a certain map entitled "Country Club Estates" a subdivision situate at Cutchogue, Town of Southold, County of Suffolk and State of New York, filed in the Office of the Clerk of the County of Suffolk as Map Number on the day of , ]9 , and WHEREAS, said COUNTRY CLUB ESTATES is improving said premises as a planned suburban residential community and contemplates the said pres ises to be conveyed to individual purchasers; and WHEREAS. COUNTRY CLI/B ESTATES is desirous to placing certain re- strictions upon said premises which shall be binding upon all purchasers and mortgagees of individual lots, their heirs, executors, administrators and assigns or other su('eessors in interest:; NOW THEREFORE, COUNTRY CLUB ES'I'ATES declares that the afore- said land is held and shall be conveyed subject to the following covenants and restrictions which shall run with the land until January 1, 1990 with exception hereinafter noted which shall run in perpetuity, after which time they shall be automatically extended for successive p~riods of ten (10) years ea('h utlless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in whole or in part, shall have been recorded. -1 - Cons truction Req__uirements (a) Type of lJuilding No building shall be erected, altered, placed or permitted to remain other than one single family dwelling not to exceed two and one half (2½) stories in height and a pri- vate attached garage for not more than three (3) cars. (b) Accessory buildings No carport or other accessory building of any kind may be erected except: (1) an attached garage. (2) an accessory building used in conjunction with a swimming pool. (c) Swimming pool Private swimming pools may be constructed on any lot pro- vided they are situate in the rear yard only and provided fur.. ther that no portion of any such pool or its appurtenances shall be closer to the rear or side lot lines than thirty (30) feet. (d) Dwelling square footage requirements .No..d~velling 'shall be p'ermit~ed'on any lot uuIess the ground floor ar~a of thc main structure, exclusive of one-story open porches and garages, shall be not less than 1400 squar.~ feet. If the living area is on more than orie floor, the total living area on the first floor shall be not less than 1300 feet ar{d the total living area fdr all floors shall not be less than 1800 square feet. (e) Unless as otherwise shown by setback lines on the filed map.. no part of any building and/or structure, except, uncovered steps, stoops, terraces, patios and chimney breasts shall be located upon any lot within seventy-five (75) feet of the stcee~ line ts) of the lot nor within thirty-five (35) feet of the side line of the lot, abutting another privately owned building lot, nor within fifty-five (55) feet of the rear line of the lot, except that in the case of a corner lot a building shall be required to comply with thc front yard restrictions on one Street front only provided, however, that the width of the side yard abutting on the street other then that upon which the lot fronts shall be not less than fifty (50) feet. (f) _Approval of construction plans All plans for the construction of any building and/or structure and the siting and facing upon the plot must be presented to and approved in writing by COUNTRY CLUI~ ESTATES, its successors or assigns, prior to the start of any construction. Such approval, which shall not be unreasonably withheld, shall be based on the judgments of COUNTRY CLUB ESTATES as to whether the [~roposed stru( ~ ture will be consistent with, and will not detract from the esthetic character of the COUNTRY CLUB ESTATES commu~i- ty. All exterior construction, painting and grading shall be completed within one (1) year after commencement of construction. Driveways must be so designed as to acc. cn~- modate a minimum of four (4) parked ears. (g) Building_modifications All permitted accessory building and additions or other modifications thereto, and any modification of the initial residential building, including any breezeway or other mr ture connecting an addition to the main dwelling, shall c()r fo~:m in architecture, material and color to such dwelling. Any attached addition to the initial residential dwelling sh~ not project more than five (5) feet beyond the front wall of the dwelling or structure as originally approved, provide( that in no event shall projection extend beyond the setback requirements above ~et forth. Restriction on division and use of lots No lot shall be resubdivided without prior approval of the Sour[ el Planning Board, Zoning Board of App,'als or other appropriate governmental agencies.. This provision shall run in perpetuity and shah also apply to Lots 30, 31 and 32. and 17. Residential use'of lots No lot shall be Used except for residential purposes. Signs No sign of any kind shall be displayed to the public v~ew oa any lo', without the written consent of COUNTRY CLUB ESTATES, its cossets oP assigns. A nlm als No animals,- livestock or poultry of any kind shall be raised, b~'ec!, c kept on any lot, except that of dogs, cats or other household pe:s re,n;, be kept on provided that they are not kept, bred or maintained ~or an;, commercial purposest All pets must be housed in the main rc.~id,.n..:~ only. 6. Trailers, tents and shacks No trailer, tent, shack or other such stcuetucc shall be located. , re.' :d or used on any lot temporarily or pcrmant( atly. All recreatio, a w~.a~- cles shall be garaged. 7. Annoying activities No. noxious or offensive activity shall bc carried on upon any 1ot. uo] shall anything be done thereon which may be or may become an am.o anco or nuisance to the neighborhood. 8. Trash Garbage or rubbish shall not be dumped or allowed to remain on any tot. All garbage to be collected must be coutained in an underground, ~'le~( d receptacles, placed inconspicously outside the dwelling for cell Trash or rubbish shall not be burned upon the premises. -3- clotheslines Clotheslines and laundry poles must be located ~n the rear yard places and so screened so as not to be visable from the street which the premises front or from other ad joining property. Fences', whether fabricated or growing, shall not exceed four in height. Approval must be secured from COUNTRY CLUB its successors or assigns, as to type and placement before instalL~i<,n of any fence is made, 11. Boats and boat trailers No boat or boat trailer in excess of twenty (20) feet overall len~/h shall be placed on any lot un]~ess in a garage. 12..Gr adin.~ The elevation or grade of a Lot shall not be changed so as to mutc~ially affect the surface or grade of the surrounding lots. 13. Road and park facilities '(a) Construction of road COUNTRY CLUB ESTATES shall install road improw.~ments pursuant to specifications approved by th~ Town of Southok[. No title to land in any such road opened or laid out by CLUB ESTATES is intended to be conveyed to purchasers of any lots and COUNTRY CLUB ESTATES reserves r.o itself the fee of all land lying in the bed of any and all such roads, (b) Surface water drainage system COUNTRY CLUB ESTATES has constructed or intends to c,)',~ struct the roads within the subdivision in such a manner th;d the area of each'lot abutting all roads to a depth of twelve (l therefrom has or will be so constructed, sloped, shaped, graded and seeded as to provide a surface water recharg(~ system for the proper drainage of surface water within such subdivision. In order to insure that such drainage system function properly, the following covenants and restrictions a~',,~ hereby imposed upon the area of each lot abutting a road in subdivision to a distance of twclw~ (12) feet therefrom (herein, ferred to as thc drainage arc,a), which restric, tion shall runh ~'petuty~. 1. The owner of each lot shall maintain the; drainage area th( r~,on free from leaves, debris and other matter which may imped( the flow and/or percolation of surface water over or into sm drainage area. 2. No trees, shrubs, planting or other vegetation except grass shall be planted or maintained in the drainage area without th,.~ written consent of COUNTRY CLUB ESTATES, or its succ:essors or assigns and the Planning Board of the Town of Southold. 3. No sand. gravel, loam or other material sh~dl be d ::- ~ il~c] in thc drainage area. nor shall any material bc cemov . t; 9rc - from without the written consent of COUNTRY CLUB t. ~.'~ A F i::S, or its successors or assigns and the Planning Board o~ · ~ Town of Southold. 4. No fences or other structures shall be placed or rr ~ t;~ined in the drainage area without the consent of COUNTRY '.c.'. 5, STATE~ or its successors or assigns, and the Planning Board .~ h,~ To.-n of Southold. 5. COUNTRY CLUB ESTATES, or its successors and .~.s:~gas shall have the right to enter upon the drainage area and ~:o c ~m:;truct, maintain, repair a~d remove such drainage pipes° ca,ch basins sumps afld other facilities and to perforrn excavating, filling, grading and seeding operations as rn~.v be deemed necessary for su~rface water drainage purpose 6.. In the event that the roads in the subdivision shall n. :'carter be dedicated to the Town of Southold. then and in that ~,-a . the Town of Southod shall have all the rights set forth in ceding paragraph with respect to the drainage ares.. (c) Park Area and Marsh Area COUNTRY CLUB ESTATES has set aside, as indicate~l ,,n the - subdivision map, a park and marsh area for the use c.' ~l~e owners of logs'and their guests and invitees. (d) Road easement; use of park All owners of lots, their guests and invitees, are her* granted an easement for the purpose of ingress and e~i in common with others, at their own risk, over the of COUNTRY CLUB- ESTATES, shown on said map. A]~ (~wners of lots are hereby granted the right ~o use the park and ay. rah area in eomlYlon with others, at their own risk, purstl3~ reasonable regulations from time ~o time promulgate<: COUNTRY CLUB ESTATES, Or by an association ~f I:r¢~'~ rty owners succeeding to the rights of COUNTRY CLUB ~;S ['~ TES. (e) Upkeep of roads and park and marsh area (f) After the installments provided for in Paragraphs (a) and (b) above, each lot owner shall be responsible for one-t~ er. :y-ninth (1/29) of the real estate taxes attributable to thc rea,: and park and marsh area. All decisions as to the snowplowinil u~ke,~p. and maintenance of the road and park and marsh arc~. [n,~luding decisions as to the extent and cost of any repairs the~'(,~'o~, shall be at the exclusive discretion of CC6JN'~R.Y CLUB ES FATES. or its successors in interest, an association of propert.5 ::wr ers as hereinafter provided. Payment of contributions by lot owners While COUNTRY CLUB ESTATES holds title to the r >a:~ and park -5- and marsh area, it will pay the taxes and.expens, 5 r'~e"~tt( nt': in Paragraph ed) above, and will submit bills to t ~e mc:.-vidu,I lot owners for their respective one-twenty-ninth 1/29 contributions. Such bills will be paid in full to C )11NT R h! CLUB ESTATES by the then present low owners ,ilLin thirty (30) days after said bills have been mailed. (g) Maximum codtribution of lot owners In no event, while COUNTRY CLUB ESTATES hc ds ti:;1,~ o the road and park and marsh area, shall any lot own r be r~-':uired to pay a sum in exc. ess of. one hundred and fifty (: 150..00) dollars per annum toward real estate taxes for the road .nd park and marsh area. and snowplowing, upkeep, repair m d ~namtenance, of said facilities. % eh) Property owners' association 1. For the purpose of maintfining roads, park a traffic control, general planting within coadway marsh areas, and all common community servic and nature required or desired within the subdiv general use and benefit of all lot owners, each a owner, in accepting a deed or contract for any ]., agrees to and shall be a member of and be subje and duly enacted bylaws and rules of the COUNT PROPERTY OWNERS~ ASSOCIATION. % non-pre 2. The developer, COUNTRY CLUR ESTATES, m~.y tra xsfer title to the road and park and marsh area to the prop !~rt.t association. If a conveyance is made to the prc)erty own,ps association, then: a. All costs and expenses associated with the ~ :)si and park and marsh area shall thereafter be borne er tirel)' by the property owners' association; b. Each memi)er of the property owners' asso¢ [atLoc shall be liable, on a per lot basis, for a share of th costs penses of the property owners' association; Each member agrees to comply with the re [ulati, ms 'for the use of the park and marsh and road fac lilies enacted by the property owners' association. A tw ,-thirds (2/3) vote shall be required for the cnactnaent of eae. h such regulation; Upon a two-thirds (2/3) vote by the membe,'s )f I:he property owners' association, title to the road and ark r. nd marsh area shall be dedicated to the Town of Sou ho]d; 3. For purposes of subdivisions 2c and 2d, ea :h lot o~ner shall have one vote for each lot owned, whether imp]'oved ~r unimprove~ -6- 14. 15. Conveyance or dedication of road 1. Present intention to convey to property,, owners' COUNTRY CLUB ESTATES presently intends to cony - li~ ( 'o ':h: road and park and marsh area to a proper:y owners' _ consisting of the lot owners. However, when and if ~' ~.:c~ ance shall be made shall rest in the sole discretion c' CC~ NTRY CLUB ESTATES. 2. Reservation of right to dedicate to Town of South~'!:!:_l. In lieu of conveYing the road ~o a property owner~. association, COiJNTRY CLUB ESTATES reserve. the right, in its s})le discretion, to dedicate the :: to the Town of Southold without the consent of th of any lot or of the holder of any lien thereon or interest therein. 3. Instruments required for dedication If COUNTRY CLUB ESTATES or the property o~ association decide to dedicate the orad and the T: Southold requires any instruments to be signed b' of the persons referred to in subparagraph 2 abe,. such person or persons shall execute such instru: upon written request. If such executed instrumer~:s not received within ten (10) days after the written was made, the lot owner, lienholder, or person'~it~ any other interest therein, hereby authorizes CC CLUB ESTATES or lhe property owners' associa execute the required instruments as its special s (i) Utility easements An easement along the roads on said map and ow:r any other area necessary is hereby expressly reserv~d the erection and maintenance of poles and wires ~.n(~ conduits and of all proper and necessary attachn' for electric power and 'telephone service and for construction and maintenance of any utility ease~ including cabtevision, provided, however, that easements shall be over areas designated by mu" LCLO:} orppublic utility authorities. Invalidation of any one of these covenants hy judgment or tour o~der shall in ao way affect any of the other provisions which ~,dmtt c ~'~ ain in full force and effect. Enforcement shall be by proceedings at law or in equity :,r,m~[hl :,y COUNTRY CLUB ESTATES, its successors and assigns, or by the owner of any lot against any person or persons violating c~r at~:empting to violate any covenant or restriction, either to restrain viol:trion or to recover damages, or both. -7- 19. 21. Failure by COUNTRY CLUB ESTATES, its successors an a~?i~~ s or of any owner to enforce all of the provisions herein shs . be deemed a waiver of the right to do so thereafter. All of the foregoing restrictions are intended to cower onl: th { l, t~z shown on'the map of COUNTRY CLUB ESTATES and are n:t t c~ [ to any other property now or to be owned by COUNTRY CI'3] ~ .... ~ ~ES. ,COUNTRY CLUB ESTATES hereby reserves the right to terminate or annul any of these covenants in whole or in p the ~onsent of any pe4sons. Not withstanding the provisio Paragraph 18, COUNTRY CLUB ESTATES may not alter, terminate or annul contrary to the restrictions set forth i These covenants and re. strictions do not apply to Lots 30, H1 :~- :?~ ,,~ this subdivision, except ~hat there should be no vehicle ac:e~= ~ )~r~ Lot No. 32 from the Main Road, except that the provision of !:ar~ ~r~ph 2 hereof, shall apply to sai, d Lot No. 32. No sanitary facilities shall be constructed or installed wit:.il q 0(] feet of thc marshland. Lots 14, 1, 2, 3, 4, 5, 6, and 29 have had installed upon thel: ~ dec>rative split rail fence and/or entrance gates by the developer. '"h~ 'ut chaser of said lots shall take subject to same and agree that said 'el,cea ant/or gates shall not be removed except for space necessary fo] d' ~vc~,ay entrance. COUNTRY CLUI~ ESTATES By: DECLARATION OF C( , DESIGNED TO pRi ' VgLUES AT C~: This declaration made this COUNTRY CLUB ESTATES, 1978, by :: .~ ~ lp~'inc~.pal place of busi- ness at (no number) Praity WHEREAS, COUNTRY CL['[ t ~','?' i ; : : 'h<: owner in fee simple of certain premises in the Town of -;~ ~ ' I. ~::v ~:f Suffclk and State of New York, known and designated on a subdivision situate at CutchogL~ ,, State of New York, filed in the (V', ~ ~! Map Number 6736on the 17thdav c~i' '~'~ ~v'i~!ed "Country Club Estates, u hoid, County of Suffolk and !~?k f the County of Suffolk as , 19q8 , and WHEREAS, said COUNTR~' ('~. i }; I'[::' "' [~;:!; i improving said premises as a planned suburban residential :~,~tt~:; ~l~(~'contemplates the said prem- ises to be conveyed to individual WHEREAS. COUNTRY CLef:! ]~'! 'Ji / ~ de.~irous ~o placing certain re- strictions upon said premises whi,:}: :-:~ :d : :it~.di~g upon all purchasers and mortgagees of individual lots, lhe,~ ]~( ~' , ',~,::u~(,~'s, administrators and assigns or other successors in NOW THEREFORE, COUNg'iII] CI,Ii'! ;~TAT~IS declares that the afore- said land is held and shall be co~:~w~v(~(! ,~ · !:o ~ite following covenants an¢! restrictions which shall runwiih th ~:::, ~: ~;a~-,lary 1. 1990 with exceptions hereinafter noted which shall automatically extended for succes~i,:c ~: ,,(!; ~f t~n (10) years each uhless an instrument signed by the then owl,.~.a ~,! ~ : ~:~io?[t;,~ of all of the lots agree te change such covenants and restrh't~(~:: i~ ,,~i~;lc 0~' in part, shall have been recorded. Construction Requirements (a) Type of building No building shall be erected, altered, placed or permitted to remain other than one single family dwelling not to exceed two and one half (2½) stories in height and a pri- vate attached garage for not more than three (3) ~cars. (b) Accessory buildings No carport or other accessory building of any kind may be erected except: (1) an attached garage, (2) an accessory building used in conjunction with a swimming pool. (c) Swimming pool Private swimming pools may be constructed on any lot pro- vided they are situate in the rear yard only and provided fur- ther that no portion of any such pool or its appurtenances shall be closer to the rear or side lot lines than thirty (30) feet. (d) Dwelling square footage requirements , No.!.~I~vellin~ 'shal.t be p'ermit~eJ Oh any lot umless-the-g~ound floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1400 square feet. If the living area is on more than one floor, the total living area on the first floor shall be not less than 1300 feet and the total living area fdr all floors shall not be less than 1800 square feet. (e) Unless as otherwise shown by setback lines on the filed map, no part of any building and/or structure, except uncovered steps, stoops, terraces, patios and chimney breasts shall be located upon any lot within seventy-five (75) feet of the street line (s) of the lot nor within thirty-five (35) feet of the side line of the lot, abutting another privately owned building lot, nor within fifty-five (55) feet of the rear line of the lot, except that in the case of a corner lot a building shall be required to comply with the front yard restrictions on one street front only provided, however, that the width of the side yard abutting on the street other then thai upon which the lot fronts shall be not less than fifty (50) feet. (f) Approval of construction plans All plans for the construction of any building and/or structure and the siting and facing upon the plot must be presented to and approved in writing by COUNTRY CLUB ESTATES, its successors or assigns, prior to the start of any construction. Such approval, which shall not be unreasonably withheld, shall be based on the judgments of COUNTRY CLUB ESTATES as to whether the proposed struc- ture will be consistent with, and will not detract from the esthetic character of the COUNTRY CLUB ESTATES communi- ty. All exterior construction, painting and grading shall be -2- completed withiu one (1) year after commencement: of construction. Driveways must be so designed as to accot,~- modate a minimum of four (4) parked cars. (g) Building modifications All permitted accessory building and additions or other' modifications thereto, and any modification of the ini;:ial residential building, including any breezeway or othe:~ ture connecting an addition to the main dwelling, shall cc':- form in architecture, material and color to such dwe;.]in~, Any attached addition to the initial residential dwellin~ not project more than five (5) feet beyond the front w~]l the dwelling or structure as 6rigina'lly approved, pro'z[de that in no event shall projection extend b~yond the setbac]: requirements above set forth. 2. Restriction on division and use of lots No lot shall be resubdivided without prior approval of the 5oul ~: Planning Board, goning Board of Appeals or other appropri~t!, governmental agencies. This provision shall run in perpetuiti~ and shall also apply to Lots 30, 31 and 32. and 17. 3. Residential use of lots No lot shall be used except for residential purposes. 4. Signs No sign of any kind shall be displayed to the ptiblic view on an i' without the written consent of COUNTRY CLUB ESTATES, its ~ cessors or assigns. 5. Animals No animals, livestock or poultry of any kind shall be raisefl, kept on any lot, except that of dogs, cats or other household be kept on provided that they are not kept, bred or maintained commercial purposes. All pets must be housed in the main only. 6. Trailers, tents and shacks No trailer, tent, shack or other such structure shall be lc,cat~[, ,' ~(: or used on any lot temporarily or permantently. All recreati,:,n:, ,}: cles shall be garaged. 7. Annoying activities No noxious or offensive activity shall be carried on upon ~ny shall anything be done thereon which may be or may becor~e ance or nuisance to the neighborhood. 8. Trash Garbage or rubbish shall not be dumped or allowed to rernain Ail garbage to be collected must be contained in an under~rou):d. receptacles, placed inconspicously outside the dwelling foc Trash or rubbish shall not be burned upon the premises. -3- Clotheslines Clotheslines and laundry poles must be located in the rear yard and so places and so screened so as not to be visable from the street upon which the premises front or from other adjoining property. 10. Fences Fences, whether fabricated or growing, shall not exceed four (4) feet in height, Approval must be secured from COUNTRY CLUB ESTATES, its successors or assigns, as to type and placement before installation of any fence is made. 11. Boats and boat trailers No boat or boat trailer in excess of twenty (20) feet overall length shall be placed on any lot unless in a garage. 12. Grading 13. The elevation, or grade of a Lot shall not be changed so as to materially affect the surface or grade of the surrounding lots. Road and park facilities (a) Construction of road COUNTRY CLUB ESTATES shall install road improvements pursuant to specifications approved by the Town of Southold. No title to land in any such road opened or laid out by COUNTRY CLUB ESTATES is intended to be conveyed to purchasers of any lots and COUNTRY CLUB ESTATES reserves to itself the fee of all land lying in the bed of any and all such roads. (b) Surface water drainage system COUNTRY CLUB ESTATES has constructed or intends to con- struct the roads within the subdivision in such a manner that the area of each lot abutting all roads to a depth of twelve (12) feet therefrom has or will be so consiructed, sloped, shaped, graded and seeded as to provide a surface water recharge system for the proper drainage of surface water within such subdivision. In order to insure that such drainage system shall function properly, the following covenants and restrictions are hereby imposed upon the area of each lot abutting a road in the subdivision to a distance of twelve (12) feet therefrom (herein re- ferred to as the drainage area), which restriction shall run h perpetuity. 1. The owner of each lot shall maintain the drainage area thereon free from leaves, debris and other matter which may impede the flow and/or percolation of surface water over or into such drainage area. 2. No trees, shrubs, planting or other vegetation except grass shall be planted or maintained in the drainage area without the written consent of COUNTRY CLUB ESTATES, or its successors or assigns and the Planning ]Board of the Town of Sou/hold. -4- 3. No sand, gravel, loam or other material shall be deposited in the drainage area, nor shall any material be removed there- from without the written consent of COUNTRY CLUB ESTATES, or its successors or assigss and the Planning Board of the Town of Southold. 4. No fences or other structures shall be placed or maintained in the drainage area without the consent of COUNTRY CLU]3 ESTATES or its successors or assigns, and the Planning Board of the Town of Southold. 5. COUNTRY CLUB ESTATES, or its successors and assigns shall have the right to enter upon the drainage area and to construct, maintain, repair and remove such drainage pipes, culverts. catch basins sumps and other facilities and to perform such excavating, filling, grading and seeding operations as may be deemed necessary for surface water drainage purposes. 6. In the event that the roads in the subdivision shall hereafter be dedicated to the Town of Southold, then and in that event, the Town of Southod shall have all the rights set forth in the pre- ceding paragraph with respect to the drainage area. (c) Park Area and 1V[arsh Area COUNTRY CLUB ESTATES has set aside, as indicated on the subdivision map, a park and marsh area for the use of the owners of lots and their guests and invitees. (d) Road easement; use of park All owners of lots, their guests and invitees, are hereby granted an easement for the purpose of ingress and egress in common with others, at their own risk, over the roads of COUNTRY CLUB; 'ESTATES, shown on said map. All owners of lots are hereby granted the right to use the park and marsh area in common with others, at their own risk, pursuant to reasonable regulations from time to time promulgated by COUNTRY CLUB ESTATES, Or by an association of property owners succeeding to the rights of COUNTRY CLUB ESTATES. (e) Upkeep of roads and park and marsh area After the installments provided for in Paragraphs (a) and (b) above, each lot owner shall be responsible for one-twenty-ninth (1/29) of the real estate taxes attributable to the road and park and marsh area. All decisions as to the snowplowing upkeep, and maintenance of the road and park and marsh area, including decisions as to the extent and cost of any repairs therefor, shall be ~t the exclusive discretion of COUN'W'RY CLUB ESTATES, or its successors in interest, an association of property owners as hereinafter provided. (f) Paymen~ of contributions by lot owners While COUNTRY CLUB ESTATES holds title to the road and park -5- and marsh area, it will pay the taxes and expense:~ menti¢,~ in Paragraph (d) above, and will submit bills to the indivi, lu lot owners for their respective one-twenty-ninth (~/29) contributions. Such bills will be paid in full to COUNTRY CLUB ESTATES by the then present low owners within thirt (30) days after said bills have been mailed. (g) 1Vfaximum contribution of lot owners In no event, while COUNTRY CLUB ESTATES holds title road and park and marsh area, shall any lot owner be requi to pay a sum in excess of one hundred and fifty ($][50.00) per annum toward real estate taxes for the road and park marsh area, and snowplowing, upkeep, repair and maint,~=n~ of said facilities. (h) Property owners' association 1. For the purpose of maintaining roads, park and marsh traffic control, general planting within roadway and park ar~ marsh areas, and all common community services of ew~rj and nature required or desired within the subdivision for general use and benefit of all lot owners, each and every owner, in accepting a deed or contract for any lot in such agrees to and shall be a member of and be subject to the and duly enacted bylaws and rules of the COUNTRY CLUL:; PROPERTY OWNERS' ASSOCIATION, a non-profit corpora':i.:~ 2. The developer, COUNTRY CLUB ESTATES, may trans',~:' to the road and park and marsh area to the property owner association. If a conveyance is made to the property owne'z association, then: All costs and expenses associated with the road and pal'k and marsh area shall thereafter be borne entirely by property owners' association; be Each member of the property owners' associ'ati°n s~[a~ liable, on a per lot basis, for a share of the costs and penses of the property owners' association; Ce Each member agrees to comply with the regulations fo~~ the use of the park and marsh and road facilities enac~(,d by the property owners' association. A two-thirds (2,'3~ vote shall be required for the enactment of each such regulation; de .Upon a two-thirds (2/3) vote by the members of the pr,:>p~ owners' association, title to the road and park and ma~ area shall be dedicated to the Town of Southold; 3. For purposes of subdivisions 2c and 2d, each lot owne:l' ~] :!] have one vote for each lot owned, whether improved or un:il:~ t; ~'~'' ' '~. -6- (i) 14. 15. Conveyance or dedication of road 1. Present intention to convey to property owners' associ:~ COUNTRY CLUB ESTATES presently intends to conw,~y till, road and park and marsh area to a property owners' asso(:i consisting of the lot owners. However, when and if such ,:¢ ~ve,~-. ance shall be made shall rest in the sole discretion of CO~? CLUB ESTATES. 2. Reservation of right to dedicate to Town of Southold In lieu of conveying the road to a property owners' association, COUNTRY CLIO-B ESTATES reserves: the right, in its sole discretion, to dedicate the road to the Town of Southold without the consent of the owne of any lot or of the holder of any lien thereon or s.ny interest therein. 3. Instruments required for dedication If COUNTRY CLUB ESTATES or the property owners association decide to dedicate the orad and the Town Southold requires any instruments to be signed by any of the persons referred to in subparagraph 2 above, such person or persons shall execute such instrur~ents upon written request. If such executed instruments are not received within ten (10) days after the written reqUe was made, the lot owner, lienholder, o~ person ~ith any other interest therein, hereby authorizes CLI/B ESTATES or the property owners' association execute the required instruments as its special a~ient. (i) Utility easements An easement along the roads on said map and ove~? any other area necessary is hereby expressly reserved fo~:' the erection and maintenance of poles and wires and conduits and of all proper and necessary attachments for electric power and telephone service and for the construction and maintenance of any utility easements including cablevision, provided, however, that said easements shall be over areas designated by municipal orppublic utility authorities. Invalidation of any one of these covenants by judgment or court shall in no way affect any of the other provisions which shall in full force and effect. Enforcement shall be by proceedings at law or in equity k.rough hy COUNTRY CLUB ESTATES, its successors and assigns, or by ~:he owner of any lot against any person or persons violating or att( np:i to violate any covenant or restriction, either to restrain viol~.t m to recover damages, or both. -7- or of any owner to enforce all of the provisions herein shall in no event be deemed a waiver of the right to do so thereafter. 17. All of the foregoing restrictions are intended to cover only the plots shown on the map of COUNTRY CLUt] ESTATES and are not extended to any other property now or to be owned by COUNTRY CLUB ESTATES. 18. ~COUNTRY CLUB ESTATES hereby reserves the right to alter, modify, terminate or annul any of these covenants in whole or in part without the consent of any pe4sons. Not withstanding the provisions of this Paragraph 18, COUNTRY CLUB ESTATES may not alter, modify, terminate or annul contrary to the restrictions set forth in Paragraph 2 19. These covenants and restrictions do not apply to Lots 30, 31 or 32 of this subdivision, except that there should be no vehicle a~cess from Lot No. 32 from the Main Road, except that the provision of Paragraph 2 hereof, shall apply to said Lot No. 32. 20. No sanitary facilities shall be constructed or installed within 100 feet of the marshland. 21. Lots 14, 1, 2, 3, 4, 5, 6, and 29 have had installed upon them a decorative split rail fence and/or entrance gates by the developer. The Purchaser of said lots shall take subject to same and agree that said fences and/or gates shall not be removed except for space necessary for driveway entrance. STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) COUNTRY CLUB ESTATES PHILIP BABCOCK, to me known to be the persons who executed the foregoing' instrument, and who being duly sworn by me, did depose and say that he is a member of the firm of COUNTRY CLUB ESTATES, a co-partnership, and tha~ he executed the foregoing instrument in the firm name of COUNTRY CLUB ESTATES, and that he had authority to sign the~me,~ and~ acknowledged / I // to me that he executed the same as the act aid deed o/f saj//d firm for the uses and purposes therein mentioned. Nota~. ~~ ~otary Public, State o ', ~-a~ified in Suffolk Coun~ AF~TII Ufl J. FF..LICE CLCFiK OF SUFFOLK OOUNT)' oOOs¥ Lo{ 26 ~ FO4D p,~e Lot 28 Lo/ R~.cEIVED ~¥ M/NOR SUBDIVISION PREPARED FOR COUNTRY CLUB ESTATES ~ T CUTCHOGUE TOVVN OF SOUTHOL. D SUFFOL,K COUNTY, N. Y SCALE I = 50' DATE .' JUNE I0, 1~82 ~) F~te Ny.$' ~56 ~ot z7 FILE NO.%.%$D-7~-O~I SI.R'TOLK CO. PLANNING DEPI SUBiD REVIEW SECTION 4APB, IL, I98+ BY: c.~.~'d The subdivision of this parcel, as proposed, has been approvecl by the Suffolk County PlanninK Cou~issdon subject to~ conditions deemed ueces- oary to help ~reserve the traffic safety and carrying capacity of M~IA ~.~ ' Refer to letter for conditions. Lot 39 RECEIVED BY M/NOR SUBDIVISION PREPARED FOR COUNTRY CLUB A T CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N. K /"= 50' dUNE I0,/98J DEC.30, 1982 YOUNG & YOUNg/, mV£R~g~O, N. X