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HomeMy WebLinkAbout1000-118.-6-1BUFFDH{ ODUNTY DEPARTMENT OF HEAL TH EERVIOE$ HARRY G. & JANET HOHN ~ r~ TOWN OF SOUTHOLD ~R. MyION OF ENVZRON~ENTAL QUALITY I Approved m m'ro~lllnce .;th ~auL~ Iledew I l ©.112,0 LAN SECTION TYPICAL SEPTIC TANK DARK SANDY 1' TOPSOIL SANDY CLAY SAND & 12' TEST HOLE DATA ground TYPICAL /ELL INSTALLATION STREET LINE 2 LEACHINS POOLS HOUSE LOT LINE TYPICAL LOT LAYOUT class 2400 I TYPICAL LEACHING POOL THIO IS TO CERTIFy THAT THIS SUBDIZISION PLAT HAS BEEN APPROVED BY THE SOUTHOLD TOWN PLANNINg BOARD BY RESOLUTION DATED DATE OF SIGNING: TOWN OF SOUTHOLD PLANNINg BOARD · I99I , CHAIRMAN THE SUBDIVIDER MAKES NO OFFER OF DEDICATION TO THE TOWN OF SOUTHOLD WITH RESPECT TO THE LANDS SHOWN ON THIS PLAT. THIS 1S TO CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT COMPLY WITH THE REQUIREMENFS OF THE SOUTHOLD TOWN ZONINg CODE. I HEREBY CERTIFY THAT THIS MAP WAS MADE BY ME FROM ACTUAL SURVEYS COMPLETED JANUARY BJ, I990 AND THAT ALL MONUMENTS gHOWN EXIST AND THAT THEIR POS/TIONS ARE CORRECTLY SHOWN. PLA T PREPARED BY JOHN J. RA YNOR, P.E. -REP 18 199~ g~. SPT. OF ~ALl'fl IVICES -- JOHN J. RAYNOR, LAND SURVEYOR NO. g£JlS llATER MKL, NEll YORK 8-30-91 PLA T PREPARED: JANUARY 31, I991 DA TE REVISION Added T,W.4'2 Rev, typ. lot layout & leaohing pool details Building EnvelopeA Common Drive for Iota 1 & 2 Note '~ 3, Delete pond easement ENGINEER ~ SURVEYOR JOHN J. RAYNOR, P.E. & L.fi., P.C. DEERFIELD GREEN MONTAUK HIOHWA Y O~/NERS HARRY B. & JANET HOHN BO0 EAST ~'STH STREET NEW fORK, NEW YORK 100,:7/ SUBDIVISION DA TA TOTAL AREA: NUMBER OF LOTS: SUM OF LOT AREAS: A VERASE LOT SIZE: FIRE D/STRICT: POSTAL DISTRIST: SCHOOL DISTRIC?: ZONING DISTRICT: 7.$58, ACRES 7.358 ACRES 105,983 S.F. CUTCHOOUE CUTOHOOUE MA TTITUCK - CUTCHOOUE R-40 PROPOSED SUBD IS~ON LINE OF ORANGE RIBBONS DELINEATING TIDAL WETLANOS PLACED [glg POND WELL EXISTING EASEMENT AREA LOT 99 EXISTING * WELL ELOPE" N 54" 42' 00" E 730,00 ABORN LANE ~5. WIDE PRIVATE ROAD~ 429 EASEMENT ~ /~ UL ,. NON - DFTURBANCE / / COMMON DRIVE' FOR LOTS 1 & 2 TO CONTINUE TO NASSAU (C~ POINT ROAD ?OUGH THIS AREA (ACTUAL COURSE OF SAID +~ DRIVEWAY TO TO AVOID LARGE TREES). SUFFOLK COUNTY CLERK'S OFFICE FILING DATE A DECLARATION OF COVENANTS & RESTRICTIONS, WHICH AFFECTS LOTS IN THIS SUBDIVISION. HAS BEEN FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE AT LIBER I/~.~-.~ OF CONVEYANCES, PAGE ~ . THE WATER SUPPLY AND SEWAGE DISPOSAL SYSTEMS FOR ALL LOTS iN THIS DEVELOPMENT DOMPL Y WITH THE BTANDARDB AND OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH BERVIDEB. SUFFOLK OUNTY CLERK'S OFFICE SUFFOLK COUNTY THUS: APPEAR IN DISTRICT 1000 II8.00 IN BLOCK OB, O0 OF THE g MAP, FARDEL NUMBERS ARE SHOWN REAL TAX SERVICE AGENCY / HAP SCALE; 1" = 600' - DISTURBANCE AREA (20' WIDE) NOTE~: 1. THE BUILDING "ENVELOPES" SHOWN HEREON INCLUDE ALL PORTIONS OF EXISTING BUILDINGS AND STRUCTURES. 2. LOTS I & 2 SHALL HAVE ACCESS TO NASSAU POINT ROAD BY MEANS OF A MAXIMUM 16' WIDE DRIVEWAY WHICH SHALL MEANDER TO AVOID LARGE TREES. 3. THE PORTION OF LOT 2 LYING NORTHWESTERLY OF THE EXTENSION OF THE SOUTHERLY LINE OF ABORN LANE TO THE SHORE LINE OF GREAT PECONIC BAY COMPRISES PART OF LOT 93 ON PROPOSED SUBDIVISION MAP OF SECTION B, NASSAU POINT CLUB PROPERTIES, INC., FILE NO. 745, FILED: OCTOBER 4, 1919&SUBDIVISION MAP OF AMERDEO MAP "A" OF NASSAU POINT, FILE NO. 156, FILED: AUGUST 16, 1922. THIS PORTION OF LOT 93 ON AFORESAID MAPS IS TO BE ABANDONED. AppROVED BY PLANNING BOARD ToWN OF SOUTHOL? FINAL PLAT MINOR SUBDIVISION MAP OF HARRY G. AND JANET HOHN SITUATE NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NE~ $CALE: lOO 0 ,PLOT' FINAL PLAT - PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 1, 1991 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 John M Wagner Esseks, Hefter & Angel 108 East Main Street P.O. Box 279 Riverhead, New York 11901 RE: Minor subdivision of Harry & Janet Hohn Nassau Point Road, Cutchogue SCTM%1000-118-6-1,3.1 Dear Mr. Wagner: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 30, 1991. WHEREAS, Eda L. McKnight Kolbe is the owner of the property known and designated as SCTM#1000-118-6-1 and 3.1, located at Nassau Point Road and Aborn Lane in Cutchogue; and WHEREAS, this minor subdivision, to be known as Minor subdivision for Harry G. and Janet Hohn, is for 3 lots on 7.368 acres; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), part 617, declared itself Lead Agency and issued a Negative Declaration on March 11, 1991; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on September 9, 1991; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and Page 2 Harry & Janet Hohn be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated September 16, 1991. It was noted for the record that the Planning Board's approval did not refer to any land outside the boundaries of the subject parcel. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. ~ ' ~ 3 Chairman Encl. cc: Victor Lessard, Principal Building Inspector Robert Scott, Assessors Office PLANNING BOARD MEMBEI~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 15, 1998 Robert E. Herrmann Coastal Management Specialist Eh-Consultants, Inc. 1329 North Sea Rd. Southampton, NY 11968 Re: Minor subdivision of Harry & Janet Hohn SCTM# 1000-118-6-1, 3,1 Dear Mr. Herrmann: The following took place at a meeting of the Southold Town Planning Board which was held on Monday, December 14, 1998: The public hearing which was held in regard to allowing the construction of a 6' by 6' platform and stairs underneath the rear door of the existing house to occur outside of the building envelope designated for Lot Number 2, as shown on the site plan dated September 30, 1998, was closed. The following resolution was adopted: WHEREAS, the Planning Board required a Declaration and Covenants and Restrictions as a condition of subdivision approval for the Minor Subdivision of Harry and Janet Hohn; and WHEREAS, a Declaration was filed in the County Clerk's Office in Liber 11343 page 237; and WHEREAS, Condition Number 3 of the Declaration states that "Houses and their accessory uses, structures, and facilities, including, but not limited to the access driveways for the subdivision lots, shall be sited and constructed only within the Page 2 Minor subdivision for Harry & Janet Hohn December 15, lg98 building envelopes and driveway areas shown on the subdivision map."; and WHEREAS, the owners of Lot Number 2 in the Hohn subdivision have asked the Planning Board to allow the construction of a 6' by 6' platform and stairs underneath the rear door of the existing house as shown on the September 30, 1998 site plan for Lot Number 2; and WHEREAS, the proposed construction is outside of the building envelope for Lot Number 2; and WHEREAS, the applicant received a waiver for the proposed construction from the Town Trustees on October 21, 1998; and WHEREAS, the applicant received a permit for the proposed construction from the NYSDEC on October 13, 1998; and WHEREAS, the Declaration requires that any modification to the Declaration be approved by a majority plus one of the Planning Board after a public hearing; and WHEREAS, the Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the public hearing notification provisions; and WHEREAS, the public hearing to allowing the construction of a 6' by 6' platform and stairs underneath the rear door of the existing house to occur outside of the building envelope designated for Lot Number 2, as shown on the site plan dated September 30, 1998, was held on December 14, 1998, and closed on the same day; be it therefore RESOLVED that the Planning Board approve the request to construct the 6' by 6' platform and stairs underneath the rear door of the existing house outside of the building envelope as shown on the September 30, 1998 site plan for Lot Number 2. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. ~, ,W~ Chairman cc: Building Department DECLARATION OF COVENANTS AND RESTRICTION~ THIS DECLARATION, made as of this ~0~day of September, 1991, by EDA L. McKNIGHT KOLBE, residing at 631 Bentley Drive, Naples, Florida 33963, hereinafter'referred to as the "Declarant"; _ WHEREAS, the Declarant is the owner of property at .?.~ Nassau Point, in the Town of Southold, County of Suffolk, and State of New York, which property'is particularly described in i"Schedule A" annexed hereto and is shown Oh'"Minor Subdivision Map ~of Harry G. and Janet Hohn, made by John J. Raynor, P.E. & L.S., 1000 iP.C., dated January 31, 1991, and last revised September 16, 1991 _ '(hereinafter "the subdivision map"); and 13.00 ~ WHEREAS, as a condition of granting approval to.the ..~subdivision map, the Planning Board pf the Town of Southold has ....... required that the subdivision property be subjected to certain ;6.00 irestrictions; ---i NOW, THEREFORE, it is hereby declared as followsz i 1. There shall be no further subdivision in perpetuity 001.000~f ~03.00! ~ any lots shown on said subdivision map. In addition, no lot kine shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board, or its successor body. 2. So as to minimize stormwater runoff and erosion, grading within each lot shall be limited to that n~cessary for siting and constructing a house and its accessory SOUTHOLD 11343P 238 structures, and facilities, including, but not limited to access driveways for the subdivision lots. facilities, the Houses and their accessory uses, the map . structures, and including,~ut not limited to the access driveways for subdivision lots, shall be sited and constructed only within building envelopes and driveway areas shown on the subdivision 4. To preserve and enhance the woodland nature of the subdivision property, within any area of the subdivision map designated "Conservation Easement Area," all healthy trees and bushes with trunks greater than three (3) inches in diameter shall be preserved, except where removal of such trees and bushes is necessary for construction or maintenance of access driveways to the subdivision lots, as set forth herein or shown on the subdivision map. 5. Within each 20-foot'wide area on the subdivision map that abuts Nassau Point Road and is designated "N · on-Disturbance Area,- natural vegetation shall not be disturbed, except as is necessary for construction or mai~tenance of the access driveway to Lot No. 1 as described in Paragraph "10" hereof. 6. No new sanitary disposal facility shall be constructed or otherwise located within 100 feet of the existing bulkhead. No new residential Structure shall be constructed within 75 feet of the existing bulkhead. 11345 239 7. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining bodies of water. 8. Erosion and sediment control measures shall be required during and immediately after construction on Lot No. 1 to ensure that Stormwater runoff will not carry eroded and other deleterious materials into the tidal wetlands bordering Great Peconic Bay and the adjoining pond. 9. All Vegetation on LOt No. 1 between the existing bulkhead and the line designated on the subdivision map as "Top of Bluff', shall be maintained so as to prevent erosion. 10. Lot No. 1 of the subdivision map shall have access to and from Nassau Point Road by means of a driveway, not to exceed 16 feet in width. Such access driveway Shall be located within the building envelope for Lot No. 1 as shown on the subdivision map. From the northe~sterly boundary of the buildinq envelope for Lot No. 1 to Nassau Point Road, the location and direction of such access driveway shall be such as to avoid disturbance, so far as possible, of mature trees. 11. Lot No. 2 shall have access to and from Nassau Point Road by means of the existing driveway between Lot Nos. 1 and 2 and an easement Over Lot No. 1 and the access driveway for Lot No. 1 described in Paragraph "10" hereof. 11343 240 12. Lot No. 3 shall have access to and from Aborn Lane by means of the existing driveway shown on the subdivision map. 13. These covenants and restrictions can be modified cnly at the request of ~he then Owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property Owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. 14. Declarant, her successors or assigns, shall not be liable fo~a violation of the covenants or restrictions herein contained unless she or they shall be the owner or owners of the land upon which, and at the time when, the violation occurs. IN WITNESS WHEREOF, Decl~arant has caused this instrument to be executed as of the day and year first above written. EDA L. McKNIGHT KOL~BE 11348 241 - :~T~'. OF FLORIDA ) ) ~OU'~TY OF COLLIER ) SS.: On the ~0~ day of September, 1991, before me personally came EPA L. McKNIGHT KOL~E, to me known and known to roe to be the individual described in and who executed the f~regoing instrument, and acknowledged that she executed the same. NOTARY PUBLIc COMMISSION NOTARY PUBLIC STATE 0~: F MY COMMISSION EXP. AU.q.3], BONDED THRU GENERAL iNS. SCHEDULE ".~." DESCRIPTION OF PROPERTY DECLARANT: EDA U MC KNIGHT KOLBE ALL that certain plot, piece or parcel of land situate, lying and being at Nassau Point, Town of Southold, Suffolk County, New York, more particularly bounded and described as follows: BEGINNING at the point formed by the i~tersection of the southeasterly line of Aborn Lane and the westerly line of Nassau Point Road, and RUNNING THENCE southerly along the westerly line or side of Nassau Point Road, as the same winds and turns, a distance of 226.25 feet, more or less (tie line bears South 04° 05' 16" West, 222.71 feet), to lands now or formerly of Richard & Christopher Hurley; thence along said last mentioned lands, the following three (3) courses and distances: (1) South 54° 42' 00" West, 200.00 feet; (2) South 09° 48' 00" West, 120.0(~ feet, and (3) North 54° 42' 00" East, 200.00 feet to the westerly line or side of Nassau Point Road; thence southerly along the westerly line or side of Nassau Point Road, as the same winds and turns, a distance of 100.56 feet, more or less (tie line bears South 12° 22' 10" East, 100.37 feet), to lands now or formerly of Marlo & Ilse Trombone; thence South 54° 43' 00" West, along last mentioned lands, 714.68 feet more or less to the shoreline of Great Peconic Bay; thence along the shoreline of Great Peconic Bay, as the same winds and turns, the following four (4) tie-line courses and distances: (1) North 37° 19' 15" West, 67.74 feet; (2) North 40° 59' 50" West, 205.42 feet; (3) North 45° 02' 09" West, 127.84 feet, and (4) North 47° 54' 38" West, 121.21 feet to lands now or formerly of Charles & Ma~de B. Hammer; thence North 54° 42' 00" East, along last mentioned lands, 143.03 feet more or less to the southerly line of a 15 foot wide right-of-way; thence southeasterly along the southerly and southwesterly line or side of said 15 foot wide right.-,of-. way, as the same winds and turns, a distance of 255 feet, more or less, to the southeasterly line of Aborn Lane; thence North 54° 42' 00" East, along the southeasterly line of Aborn Lane, 730.00 feet to the point or place of beginning, and comprising an area of 7.368 acres, be the same, more or less, a portion of which b.e ng and intended to be the southerly part of Lot 93 as shown on the "Map of Proposed Subdivision, Section B, Nassau Point Club Properties, Inc., Situate on Nassau Point, Suffolk County, N.Y.," filed in the Office of the Clerk of the County of Suffolk on October 4, 1919 as Map No. 745 and on the "Amended Map A of Nassau Point, Owned by Nassau Point Club Properties, Inc., Situate in Town of Southold, Long Island, N.Y.," filed in the Office of the Clerk of the County of Suffolk on August 16, 1922 as Map No. 156. TOWN CLERK To~rN OF SOUTHOLD Suffolk County, New York Phone 516.765-1801 Southold, New. York 11971 41054 ~, 0 00. oo T0~n Clerk Southold Town Planning Board 5 December 14, 1998 Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: 6:05 p.m. HarrY and Janet Hohn - Public hearing in regard to allowing the construction of a 6' by 6' platform and stairs underneath the rear door of the existing house to occur outside of the building envelope designated for Lot Number 2 in the Harry and Janet Hohn subdivision, SCTM# I000-118-6-'1, 3.1. Rob Hermann: Rob Hermann of En-Consultants in Southampton. I'm here representing Mr. & Mrs. Hohn. I'm anticipating this is a fairly straightforward request, but just to clarify why we are here before the Board. There is a proposal which has been approved both by the DEC and issue of waiver letter by the Southold Trustees for a 6x6 platform and steps to serve a rear door to the house that's not currently served that way. The reason we're in front of this Board is because the Declaration of Covenants and Restrictions from the original minor subdivision map stated that there could not be any more construction regardless of how small, outside of the original building envelope that was approved during that subdivision process. It does allow a modification to those covenants based on a vote by a majority plus one of the Board after a public hearing. So we are here petitioning the Board to allow a modification of those covenants to allow the construction of this plat'form as proposed on the site plan in front of you. Mr. Orlowski: Thank you. Any other comments? Any questions from the Board? I"11 entertain a motion to close the hearing. Mr. Cremers: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. What's the Board's pleasure? Mr. Ward: Mr. Chairman, I'd like to offer a resolution. $outhold Town Planning Board 6 December 14, 1998 WHEREAS, the Planning Board required a Declaration and Covenants and Restrictions as a condition of subdivision approval for the Minor Subdivision of Harry and Janet Hohn; and WHEREAS, a Declaration was filed in the County CleriCs Office in Liber 11343 page 237; and WHEREAS, Condition Number 3 of the Declaration states that "Houses and their accessory uses, structures, and facilities, including, but not limited to the access driveways for the subdivision lots, shall be sited and constructed only within the building envelopes and driveway areas shown on the subdivision map."; and WHEREAS, the owners of Lot Number 2 in the Hohn subdivision have asked the Planning Board to allow the construction of a 6' by 6' platform and stairs underneath the rear door of the existing house as shown on the September 30, 1998 site plan for Lot Number 2; and WHEREAS, the proposed construction is outside of the building envelope for Lot Number 2; and WHEREAS, the applicant received a waiver for the proposed construction from the Town Trustees on October 21, 1998; and WHEREAS, the applicant received a permit for the proposed construction from the NYSDEC on October 13, 1998; and WHEREAS, the Declaration requires that any modification to the Declaration be approved by a majority plus one of the Planning Board after a public hearing; and WHEREAS, the Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the public hearing notification provisions; and WHEREAS, the public hearing to allowing the construction of a 6' by 6' platform and stairs underneath the rear door of the existing house to occur outside of the building envelope designated for Lot Number 2, as shown on the site plan dated September 30, 1998, was held on December 14, 1998, and closed on the same day; be it therefore RESOLVED that the Planning Board approve the request to construct the 6' by 6' platform and stairs underneath the rear door of the Southold Town Planning Board 7 December 14, 1998 existing house outside of the building envelope as shown on the September 30, 1998 site plan for Lot Number 2. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND Sketch Mr. Orlowski: on 2.78 acres side of School ] J. Baxter - This ~n the northeast side in Cutchogue. Mr. Cremers: Mr. Chairman BE IT RESOLVED that the Southol six month extension of sketch 1999. Conditional sketch a[ Mr. Edwards: Second th Mr. Orlowski: Motio those in favor? Ayes: Mr. Orl~ Mr. Orlo' subdivision is for 4 lots g St. and the southeast I000-102-5-9.3. resolution. Planning Board grant an additional from November 16, 1998 to May 16, on May 18, 1995. and seconded. An, Mr. Ward, Mr. Latham, Mr. Edwards, Opposed? Motion carried. ~s on the motion? All :remers. PLANNING BOARD MINUTES AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as 8800 Nassau Point Road, Cutchogue, NY 11935 SCTM~1000-118-6-3.2 by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on December 14~ 1998 1998. I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on December 1~ 1998. Robert E. Herrmann - Eh-Consultants, Inc. Your name Sig n'a't~fe 1329 North Sea Road, SouthamDton, Address NY 11968 December 14, 1998 Date Notary P ~" P~ASE ~ETU~N THIS ~FFIDA~T AND CERTIFIED ~L ~ECEIPTS OR AT THE PUBLIC HEARING Re: Harry & Janet Hohn SCTM#: 1000-118-6-3.2 Date of Hearing: December 14, 1998 t.SC NO C Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a public hearing will be held by ~lm~Southold Town Planning Bogrd..at the Town Hall, Main Koad, , $outhold.~N~ Yo~k iwsaid ' T°wnonthe !.4 .~day r~f Dec~n- bet, 1998 on thc question of the fo lowing. ~:r. · ~. 6:00 P,M. P~ublic he. in6 for the proposed minor subdivision for RicharTd Reinlt~rdt, lidn. Cutohogue, .o~vn of Southo , County of Suffolk, State of New York. Suffolk Gounty:Tax Map Number 1000~102~4-5. ~ The the orffor- merl' Inc.& by land ~ ' oflohn W., and by on the anal by reno now Michkel Kaloski by Atvah's Lane and now or formerl~ now or for form and stairs ~0dse Harry'~ Cutchogue,~Town'd~Southold, County of Suffolk, ~tate 0fNew York. Suffolk CO ~u~TaX Map The propony..il,lmrdered on the noi'th by by land now Or fpmterly Of ld.,ic~ · Hohn: on the ~ast by Nmsau Point Rd.; on the south by land now or formed~ of Richard V. & Christopher H~ley. and by land now or form~'ly df Harry O. Holm; and o~*the west by Cheat Peconic,Bay~ and. by land now or formerly ofLIzabeth & Jenni-~ fer J. Burrell;' ' :,: .BY ORD/~ROF'n-u~ ~-'~ Bennm-Orl6wski, Ir. COUNTY~OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says tha she is the Production Coordinator, of the TRAV ELER WATCHMAN, a public newspaper printe( at Southold, in Suffolk County; and that the nc tice of which the annexed is a printed copy has been published in said Traveler Watchmm once each week for / ........................................................................ week~ successively, commencing on the .....~.... ............ day o~...~2..~ ....... 1 Sworn to before me this.}..~... ................. day o .... ......... Notary Public BARBARA k SCHNEIDER NOTARY ~BUC, State of New Yo~ No. 4806846 Qualified in Suffolk ~ / Southold Town Planning Board DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION Inade Ed~ L. McKnight K~lbe, formerly at 631 Bentley Drive, to as the DECLARANT, Schedule "A" annexed this ~', ,/ day of August, 1991, by known as Eda L. McKnighs, residing Naples, Florida 33963, hereiaafter referred who, as the owner of premises described ia hereto (hereinafter referred to as the PREMISES), desires to restrict the use and enjoyment of said PREMISES and ' ~ for ~u~h ~;,urpose~7 determi~ed to ~moose on said P~E~.~S~_.~ shall f ~l ~.uw...g covenants lO00 i8.00 6. O0 said o1.0oo & ,03.001 ~-~-~*u~,.s and does hereby dec.are that be held and shall be conveyed subject to the and restrictioas: WHEREAS, DECLARANT has made application to the ~uffo!k County Department ,~f Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct and/or ap~rovai of plans for a single-family a subdivision or development, or other project on the PREMISES; and residence, construction WHEREAS, the PREMISES are to be served by individual on-site private wells; and WHEREAS, the results of tests from the test wells sampled on the PREMISES have indicated that water quality within such ~eils is within the minimum drinking water standsrds and/or guidelines of the State of New York, and such ~'~=~ results are attached hereto as Bchedu!e "B", and each chemical parameter which exceeds 60~ of the au~e~ _~ble~- ~- level is indicated on ~uch results with an asterisk; and WHEREAg, it has been determined that water qua!i~y of private wells is subject to change; and WH~R,.,~, approval of the D~PARTMENT does not guarantee that the water quality will always meet drinking water standards; and W~EgEA~ the DEPART~ENT recommends periodic comprehensive wa~er analysis of ~uch wells in order to monitor the water quality to prevent the unknowing consumption of con- taminated water, the DECLARA~T, her succes- sors, heirs, or assign~ agrees that, if said wate~ an~lys~s should indicate water con- t ~m.l ~a in excess of~,]~:"~ minimum drinking water stan~ards and/or ~]uid~lines of the State of New York, DECLARA~4T, her succes- sors, heirz, or assigns may be required tg: -2- A. connect to public watt, r, or install necessary water condition- ing equipment ~o as to meet the min- imum drinking water standards and/or · guidelines of the State of New York. As a condition of the approval of the DEPARTMENT for the subdivision of the PREMISES into three lots and the use of grivate wells to service those lots, the DECLARANT agrees that no further subdivision of lots described herein shall remain as three depicted on the filed there shall be each of those and that said PREMISES single lots as subdivision map. As a further condition of the approval of the DEPARTMENT for the ~ubdivision of the PREMISES into thre~ lots and the use of a private well to service each of those lots, the DECLARANT agrees that of each individual well shall be a pumpinq capacity of 10 gallons (gpm). Fach lot shall contain and gJjgjp. the capacity limited to per minute only one well The DECLARANT, her successors and/or assigns shall met forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees ©f the above-described property and shall, by their terms, subject same to the covenants and restrictions con- tained herein. Failure of the DECLARAf~T, her ~uccessors and/or assigns to so con- diticn the leases shall not invalidate their auto~natic subjugation to the coven- ants and restrictions. Al! of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation of or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of ex- ecution of this agreement, or at the tithe such laws, ordinnnce~, and/or regulations may thereafter be revised, amended or pro- mulgated. -4- 1132 307 This document is n]ade subject to the pro- visions of all la,~s required by law or by their provisions to be incorporated her,~in, and they are doemed to be incor-- pcr,~ted her~in and m,~,~e a part ~:ereof, as if fully set forth. The aforementioned Restrictive Covenants shall be enforceable by the County of Surf©].k, ~ta~e of New York, by injunc- _tire relief or by any other remedy in ~quity or at !aw. The f~iture of said agencies or fha County of Suffolk to en- force the same shall not be deemed to affect the validity of this coven~nt nor to i~pose any liability whatsoever upon the County of Suffolk or any officer or employee the£eof. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, her successors and assigns, and upon all persons or entities -5- 10o 11327 308 claiming under them, and may be termin- ated, revoked, or amended only with ' ~ tnt. written consent ~f the DEPARTMENT. The ~ec!arati~ns set forth in the WHEREAS clauses contained herein shall be deemed and construed to be promises, covenants, amd restrictions as if fully repeated and set forth he£ein. !!. If an,{ .... t~on, subsection, paragraph, c!at~Se, phrase, or provision of these covenants and restrictions shall, by a Court Of ~ ~' ~ -o..~ten_ jurisdiction, be ad- judged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other par~ or provision hereof other thao the part so adjudged to be : - ~l]=gal, unlawful, in- valid, or unconstitutional. -6- 11327 309 !2. Loca% Law ~32-1980 -- The DECLARANT repre- Sents and w~rrants that she has not of- feted or qiven any gratuity to any offi- cial, e~np!oyee, or agent of Soffolk County,' New'York State, or of any political party, with the p~rp©se or intent o( securing f~vorable treatment with respect to the performance of an agreem~=nt, and that such person has read and is familiar with the provisions of Local Law ~32-1980. Eda L. McKnight Kolbe ) SS.: On the ~;',' ! day o~ August, 1991, before me personally came Eda L Y~Kniqht · - ~ · . ~,~iD~, to me ~aown to be the individual described in a~d who executed the foregoing instrument, and acknowledged that sn~.' e executed same. Notary Public Seal Date of Expiration of Cor:lmission ( 11327P 310 SCHEDULE "A" DESCRIPTION OF PROPERTY DECLARANT: EO,~'L. MC KNIGHT KOLBE SCDHS REF. No.: 90-349 ALL that certain plot, piece or parcel of land situate, lying and being at Nassau Point, Town of Seuthotd, Suffolk County, N~w York, more Particularly bounded and described as follows: BEGINf41NG at the point formed by the intersection of the southeasterly line of Aborn Lane shall.he westerly a of N.~ssau Point Road, and RUNNING THENCE southerly along the westeriy line or side of Nassau Point .-. t,,.~, same winds and turns, a distance of 226.25 feel, more or less {tie !me bs~rs South 04° 05' 16" West, 222.7! feet), to lands now or formerly of R ch=rd & C~hristopner Hurley; thence along said last mentioned lands, the foJlowi,qg three (3} courses and distances: (I) South 54" 42' 00" West, 200.00 leer; (2) South 09° 48' 00" West, 120.00 feet, and (3) North 54° 42' Off' East, 200.00 feet to the westerly line or side of Nassau Pein! Road; thence southerly along the westerly Iine or side of Nassau Point Road, as the same winds end turns, a distance of 100.56 feet, more or less (tie line bears South 12© 22' 10" East, 100.37 feet/, to lands now or formerly of Marie & Ilse Trombone; thence South 54° 43' 00" West. along last mentioned lands, 714.68 feet more or less to the shoreline Of Grea. t Peconic Bay; thence along the shoreline of Great Peconic Bay, as the same winds and furns, the following four (4) tie-line courses and distances: (1) Nodh 37° 19' 17 West, 67.74 feet; (2) North 40° 59' 50" West, 20.~.4,. feet; (3) Nodh 45'~ 02' 09" West, 127.84 feet, and (4) North 47° 54' 38" West, 121.21 feet to lands now or formerly of Charles & Maude B. Hammer; thence ,Uorth 54° 42' 00" E3st. alono last mentioned lands, 143.03 feet more or 113277 3 less to the southerly line of a 15 foot wide rioht-of.way; thence southeasterly along the ~...,hu, iy s..~d ~ , +~,, ~-ou,,,,,es~erty line or side of said 15 foot wide right-of -way, as t,he same winds and turns, a distance of oq f , ,.~5 eet, more or less, to the southeasterly tine of Aborn Lane; thence North 54° 42" 00" East, along the southeasterly ![,'~e of Aborn ~ --,, · .-=,,e, 730.00 feet to the point or place of beginning, and comprising sn area of 7.388 acres, be the same, more or ,eso, a portion of which being and intended to be the southerly pad' of Lot 93 as shown on the Proposed Subdivision Map ol Section "B", Nassau Point Club Properties, Inc.. Map No. 745, aS filed in the Office of the Clerk of the County of Suffolk on October 1, 1919. and on the Subdivision Map of Amended Map "A" of Nassau Point, Map No. 156. as fi',ed in t~he Office of the Clerk of the County of Suffolk on August 16, 1922. ~e~lJ Nn ~,ol ay. iName not im,a!s) SC;ti EDUIoE Dale .r:Jeee,ved in LaD ._ HAY 2__8~Lg. gl Public Water Pnvale Water _ ~ Dale Compleled Examined By '~'/~ ~ SUFFOLK ," ! .... '" .;-.P~,M~NT OF HEALTH ...... " or.~IVICL, o ' PUOuC HEALTH LABORATORY CHEM!CAL EXAMINATION OF WATER 1 ) ;;~OgulIs Repo,led as MiO/O0raFfls Per Lder. ch Ch!¢t.~e~ lm-~'l Ct} S.~l:ates Imgtl -~' Complete T ,'~:kal:m!y (mg/I ¢,aC03] Ca Hardn¢'ss (rog/! C~CO3) j l,~ HNdr.esS (mg/t CaCOj) Arsenic Chtom,u~ DlrOclor ......... Metals Only E] {mgll F) Sample Raw '7-~ Treated . Well~ T~nk~ 30£ yin,/% chloride 309 ~ans i, ~ 300 cn!orcfor~... ]24 ~,~ dichloroethane . .. 294 ~ Dfc;mo 2 chloroetbane 405 1,2 dichiorop~o~ane .. 301 bromo£o~n 3~0 f~eon ~07 1,1 d&chioroetaene ... 259 ethylbumzene ............... 254 o-zyle~e ................... 252 m-×ylene .................. 253 p-xy±ene ................... ~$5 total ~yi,ne ................ 267 m-chloro%Oluene ............ 268 4-chlocotoluene (p) 265 total chlo:otolueoe ........ 412 1,2 dlchlorobeI%zene 435 ~,2,4,5 tetr~umethylbenzune . 43~ 1,2,4 tcichlouobenze~;e ..... 438 1,2,3 trichlorobenzene ..... llsteo ;,bore is (0,SpPb ex'~ept · whoso f~oted. Rec'd IR Lab Public COUNTY D-PART,vIE, IT OF HEALTH SERVICES ..... ,~Ct~rME~ f UB~ rIEAI. TH LABO~A'IORY .....- ' PESTICIDE ANALYSIS OF WATER I , - :,-- ', / / , !3) L~, Na,.~ _/~'7/ ).~-:-Ed -"~' '") ~-:'-3V Y' (4) s~,o~,,,~o. - 7 . i9) s..~, <-: ~:~. ~/- /~-' :_. (8} Commum-v ,/~ ~ ~%~- // ~" '"'~- ,'~;~ r,~ ~c~.~~ ~ Maihug Address Pub Distance ~.o Farm ,Map CoorcJma!es Well Deplh flesmnp~e~ Resul[ J'~com . 4./.., .> S h Key R No ,/ ~.z-_ (!4} Dislricl _ .,... {:Gl 8rock (~ 7) L~ ,/ ¢ ~ I Remarks Owner COMPOUND PPB '223} Aldicarb. OIL (550} t3ayflon '"' / PLANNING BOARD M~EMBEI~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southo]d, New York 11971 F~x (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 17, 1998 Robert E. Herrmann Coastal Management Specialist En-Consultants, Inc. 1329 North Sea Rd. Southampton, NY 11968 Re: Minor subdivision of Harry & Janet Hohn SCTM# 1000-118-6-1 & 3.1 Dear Mr. Herrmann: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, November 16, 1998: WHEREAS, the Planning Board required a Declaration of Covenants and Restrictions as a condition of subdivision approval for the Minor Subdivision of Harry and Janet Hohn; and WHEREAS, a Declaration was filed in the County Clerk's Office in Liber 11343 page 237; and WHEREAS, Condition Number 3 of the Declaration states that "Houses and their accessory uses, structures, and facilities, including, but not limited to the access driveways for the subdivision lots, shall be sited and constructed only within the building envelopes and driveway areas shown on the subdivision map."; and WHEREAS, the owners of Lot Number 2 in the Hohn subdivision have asked the Planning Board to allow the construction of a 6' by 6' platform and stairs underneath the rear door of the existing house as shown on the September 30, 1998, site plan for Lot Number 2; and WHEREAS, the proposed construction is outside of the building envelope for Lot Number 2; and WHEREAS, the Declaration requires that any modification to the Declaration be approved by a majority plus one of the Planning Board after a public hearing; BE IT THEREFORE RESOLVED that the Southold Town Planning Board set Page 2 Minor subdivision for Ham/& Janet Hohn November 17, 1998 Monday, December 14, 1998 at 6:05 p.m., for a public hearing in regard to allowing the construction of a 6' by 6' platform and stairs underneath the rear door of the existing house to occur outside of the building envelope designated for Lot Number 2. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's not f cation procedure. The sign and notificet!.on form .a. re enclosed for your use. Please return the endorsed Affidavit of Posting and tne si,qned ,qreen return receipts from the certified mailings on the day of, or at the public hearing. Please contact this office if you have any questions regarding the above. Sincerely, enc. Notice of Hearing A public hearing will be held by the Southold Town Planning Board at Town Hall, 53095 Main Road, Southold, New York, concerning this property: OWNER(S) OF RECORD: Harry & Janet Hohn NAME OF APPLICATION: Modification to Declaration of Covenants & Restrictions for lot # 2 in the approved minor subdivision for above. REFERENCE/TAX MAP #: 1000-118,6-1, 3.1 SUBJECT OF HEARING: Construction of a 6' by 6' platform and stairs underneath the rear door of the existing house to occur outside of the building envelope designated for Lot Number 2. TIME & DATE HEARING: Monday, December 14, 1998 at 6:05p.m. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the hearing during normal business days between the hours of 8 a.m. and 4 p.m. PLANNING BOARD N TOWN OF SOUTHOLD - (516) 765-1938 Southold Town Planning Board Notice to Adjacent ProperLy Owners You are hereby given notice: That the undersigned has applied to the Planning Board of the Town of Southold for a modification in the Declaration of Covenants and Restrictions. That the property which is the subject of the application is located adjacent to your property and is described as follows: Lot #2 in approved minor subdivision for Harry & Janet Hohn, SCTM#1000-118- 6-I, 3.1, located on Aborn Lane and Nassau Point Rd. That the property which is the subject of this application is located in the R-40 zone. That the application is for the construction of a 6' by 6' platform and stairs underneath the rear door of the existing house to occur outside of the building envelope designated for Lot Number 2. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board office at (516) 765-1938. That a public hearing will be held on the matter by the Planning Board on Monday, December 14, 1998 at 6:05 p.m. in the meeting hall at Southold Town Hall, Main Rd., Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Traveler Watchman published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owners Name(s): Date: EN- CONSULTANTS, INC. ENVIRONMENTAL SERVICES 1329 North Sea Road Southampton, New York 11968 516-283-6360 Fax: 516-283-6136 E-mail: encon @peconJc.net October 27, 1998 Melissa Spiro Planning Board Town of Southold 53095 Main Road Southold, NY 11971 Dear Ms. Spiro: RE: HARRY & JANET HOHN NOV 0 g 1998 a, outhold Town F~anni ~9 Board As we discussed briefly this afternoon, I am writing with regard to property owned by Harry and Janet Hohn, located at 8800 Nassau point Road, Cutchogue, and known as SCTM #1000-118-6- 3.2. This parcel was created as Lot 2 of the minor subdivision map of Harry and Janet Holm, filed as Map No. 9172 on 26 November 1991. The Hob. ns wish to construct a 6' x 6' platform and stairs underneath the rear door of thc existing house which currently lacks such safe access to the yard. The proposal is depicted on the attached site plan, which has been approved by both the NYSDEC (Tidal Wetlands Permit No. 1-4738-01963/00001 attached) and the Southold Board of Trustees (waiver letter dated 22 October 1998 attached). Based on the language of the Declaration of Covenants and Restrictions filed as part of the subdivision approval, however, it appears that we must also obtain approval from the Planning Board. Specifically, said declaration states that although "houses and their accessory uses, structures, and facilities...shall be cited and constructed only within the building envelopes...shown on the subdivision map", "these covenants and restrictions can be modified.., at the request of the.., owner of the premises with the approval of a majority plus one of the Planning Board...." Therefore, please treat this letter as a request to make such change to allow construction of the proposed platform and stairs. Please advise me whether I need to forward you any further information and/or supply you with any kind of application materials. Of course, I would be available to meet with you and the Board either informally or formally as necessary. I thank you for your anticipated cooperation and look forward to hearing from you regarding this matter. Enclosures Respectfully yours, Robert-E. Herrm-~n Coastal Management Specialist Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall _ . 53095 Main t~ad P.O. Box 1179 Southeld, New York 11971 Telephone (516) 765-18q2 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD October 22, 1998 En-Consultants Inc. Rob Herrmann 1329 North Sea Road Southampton NY 11968 RE: HARRY &' JANET HOHN -- SCTM %118-6-3.2 ....... Dear Rob~ The following action was taken at the Southold Town Board of Trustees meeting on October 21, 1998: RESOLVED, that the Southold Town Board of Trustees grant the request to rescind the Waiver granted May 29, 1998 for a deck and grants a Dew Waiver to construct a 6' X 6' platform and stairs underneath the rear door of the house. However, this does not constitute approval from any other agencies.~ If you have any questions, please call our office at 765-1892. Sincerely, Albert J. Krupski, Jr. President, Board of Trustees AJK/dJh cc. Bldg. Dept. New York State Department of Environmental Conservation division of Environmental Permits Building 40 - SUNY, Stony Brook, I York 11790-2356 Telephone (516) ~?.4~0365 Facsimile (516) 444-0360 John P. Cahill Commissioner October 13, 1998 Harry and Janet Hohn 200 E. 66th St., Apt. New York, NY 10011 C1203 RE= 1-4738-01963/00001 Dear Permittee= In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is ape. rmit sign which~oo be c~spicuously posted at the project site and ,rotect~d from the w~ather. / ~hn A. Wieland Permit Administrator JAW/ls Enclosure NEW YOR~ STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ~ PERMIT NUMBER ~738-01963/00001 CILITY/PROGRAM NUMBER(S) ',mw PERMIT Under the Environmental Conservation Law IEFr~E DATE October 8t 1998 EXPIRATZON DATE(B) October 31, 2001 TYPE OF PERMIT · Neg [] Renewal [] Modification [] Permit to Construct [] I Permit to Operate [] Article 15, Title 5: Protection of Waters [] [] Article 15, Title 15: Water [] Supply [] 6NYCRR 608: Water Quality Certification [] Article 27, Title 7; 6NYCRR 360: Bolid Waste Management Article 17, Titles 7, 8: SPDES Article 19: Air Pollution [] Article I5, Title 15: Water Control [] Article 34: Coastal Erosion Transport Management [] Article 23, Title 27: Mined Land Reclamation [] Article 27, Title 9; 6NYCRR Hazardous Waste Management [] Article 15, Title 15: Long [] Article 36: FLoodplain Island Wells Managen~nt [] Article 24: Freshwater Wetlands · Article 25: Tidal Wet[ands [] Article 15, Title 27: Wild, Bcenic and Recreational Rivers [] Other: PERMIT ZSBUED TO Harry and Janet Hohn [] Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control TELEPHONE NUMBER (516) 758-2557 ADDRESS OF PERMITTEE 200 East 66th Streetr Apt. C 1203r New York~ NY 10011 CONTACT PERSON FOR PERMITTED WORK EnConsuLtantsr Inc.r 1329 North Sea Roadt Southamptemt NY NAME AND ADDRESS OF PROJECT/FACILITY Hohn property~ 8800 Nassau point Roadr Cutchogue LOCATION OF PROJECT/FACZLITY SCTM #1000-118-6-3.2 COUNTY I TO~N Suffolk Southo[d DESCRIPTION OF AUTHORIZED ACTIVITY: TELEPHONE NUMBER 11968 (516) 283-6360 WATERCOURSE NYTM COORDINATES Little Peconic Bay Construct 6~ x 6~ platform with steps underneath rear door of house. AIl work shall be done in accordance to plans stamped NYSDEC approved. 11790-2356 October 13, t998 Page 1 of 4 NEON YORK STATE DEPAR~ENT OF ENViRoNMENTAL CONSERVATrON ~ NOTIFI~ON OF OTHER PERMITrEE OBLI( Item A: Permit'tee Accepts Legal Re"&rponslbility and Agrees to Indemnification The permittee has accepted expressly, by the execution of the application, the full legal responsibility f~ all damages and costs, direct or indirect, of whatever nature and by whomever suffered, for liability it incurs resulting fi'or~ activity conducted pumuant to this permit or in noncompliance with this permit and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from such activity. Item B: Permittee to Require it's Contractors to Comply with Permit The permittee shall require its independent contractors, employees, agents and assigns to read, understand and comply with this permit, including all special conditions, and such persons shall be subject to the same sanctions for violations of this permit as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required for this project. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition '1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71~0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit araa when written or verbal notification is provided by the Department at least 24 hours prior to such inspection. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications If project design changes become necessary, the permittee shall submit the appropriate plan changes for approval by the regional Permit Administrator prior to undertaking any such modifications. Be advised that substantial modification may require submission of a new permit. The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in wdting. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1 Bldg ~,0 SUN, Stony Brook, NY 11790-2356 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modify, suspend or revoke this permit when: a) the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations is found; b) the permit was obtained by misrepresentation or failure to disclose relevant facts; c) new material information is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued. DEC PERMIT NUMBER I I 1-4738-01963/00001 PAGE 2 OF 4 NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ADDITIONAL GENERAL CONDI'~S FOR ARTICLES 15 (TITLE 5), 24, 25,1~iA. ND 6NYCRR PART 608 ( _TIDAL WETLANDS_ ) If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. The State of New York shall in no case be liable for any damage or injury to the sb'ucture or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or dght to compensation shall accrue fi.om any such damage. Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission, consent or approval from the U.S. Army Corps of Engineers, U.S. Coast Guard, New York State Office of General Services or local government which may be required. 4. AIl necessary precautions shall be taken to preolude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. Any matedal dredged in the prosecution of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a Waterway. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of'this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 9. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and ratum the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if raquirad, a survey. 10. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by.__ DEC PERMIT NUMBER 1-4738-01963/00001 PAGE 3 OF 4 NEWYORK STATE DEPAR~ENT OF ENVIRONMENTAL CONSERVATION · I SPECIAL CONDITIONS ~1 '~ During construction, concrete or le~mate shall not escape or be discharged, nt~lla~hall washings from transit mix trucks, mixers, or other devices enter tidal wetlands and or protected buffer areas. 2. Any debds or excess matedal from construction of this project shall be completely removed from the adjacent a-re~ (upland) and removed to an approved upland area for disposal. No debds is permitted in tidal wetlands and or protected buffer areas. 3. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activity. 4. All areas of soil disturbance resulting from this project shall be stabilized immediately following project completion or pdor to permit expiration, whichever comes first. The approved methodologies are as follows: a. Stabilization of the entire disturbed area with appropriate vegetation (grasses, etc.). 5. The storage of construction equipment and materials shall be confined to within the project work site and or upland areas greater than 50 Linear feet from the tidal wetland boundary. 6. If seeding is impracticable due to the time of year, a t~porary mulch must be applied and final seeding performed at the eadiest opportunity when weather conditions favor germination and growth, but not more than six months after project completion. 7. A row of staked hay bales or approvable erosion control devices shall be placed at the landward edge of the buffer area or 20 linear feet from the tidal wetland boundary, or as per NYSDEC approved plan, at commencement of regulated activities and remain in place until project is completed ahd all disturbed areas stabilized with vegetation. DEC PERMIT NUMBER 1-4738-01963/00001 I PAGE 4 OF 4 N/F RICHARD ~, CHRISTOPHER HURLEY ¥ISTING YA TIONAL ?£ US ARE SURVEY ~.CEMBER ? CLZENT"$ MAP OF SURVEY OF LOT 2 HTNOR SUBDIVTSTON HAP OF HARRY E,, JANET HOHN F'[LE NO. 9172 FILED: NOVEHBER 26, t991 SITUATE NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SCALE: t" = 60' APPROVED AS PER TERMS AREA = i59,972 S.F. ( TO TIE LINES ) TAX NAP ~0,: t000-1t8.00-06,00-P/0 003.001 APR 2b '9S 08:~4AM HEll ]ORK LIFE New York life Insueance Company 51 Madisor Avenue, New York, NY 10010 212 576-5077 Fax 212 $76*4545 SENT VIA FACSIMILE #: $16-765-3136 Melissa Spiro Southold Planning Board Town Hall 53095 Main Road Southold, New York 1197 l Dear Melisaa: Thank you for returning my call yesterday afternoon in the midst of your busy day. I enjoyed talking to you again. According to nay records, the Board approved the subdivision on October 1, 1991. In accordance with our conversation, I have attached a part of a map of Lot #2 of that minor subdivision. As you can see, I would like to add a wooden elevated deck to the bay side of the house on Lot #2. I do not have: specific detailed plans and I envision a simple wooden deck with a railing to safeguard my grandchildren. You indicated that you would look over that material and your file on the subdivision and that I would call you some time this afternoon or tomorrow to discuss. Att ent Southold Town Planning Board LOT 96 R,-45, O0 ~,-58" 34' 32' POND L-34.06 02' 46' t f,"# 60. O0 ' ABORN LOT 3 BEC I 3 1991 SOUTHOLO TOWN tffJ%NNIN6 BOARD EDA L. McKNIGHT KOLBE, residing at 631 Bentley Drive, Naples, Florida 33963, for the purpose of abandoning and cancelling the subdivision of a certain tract of land owned by her and hereinafter described, pursuant to Subdivision 3, Section 335 of the Real Property Law of the State of New York, does hereby certify: A certain map was filed which subdivided such tract, and other land, situate in the Town of Southold, County of Suffolk, into lots, plots, blocks, and streets. Said map is entitled "Amended Map A of Nassau Point,,Owned by Nassau Point Club Properties, Inc., Situate in Town of Southold, Long Island, N.Y." Clerk of the Map No. 156. and was filed in the Office of the County ~f Suffolk on August 16, 1922 as 2) More than twenty (20) years have elapsed since the filing of the said map. (3) The tract of land owned by the undersigned, the subdivision of which is to be abandoned and FILED cancelled, is situate wholly in th~ Town of Southold, Suffolk County, New York, and is known and described as NOV 20 ~99~ and rnade in "Schedule A" annexed hereto a part hereof. 11924 N0: 'UDNOV201991 (4) (5) The tract of land for which the subdivision is to be abandoned is greater than one-half acre in area. Said EDA L. McKNIGHT KOLBE DOES HEREBY ABANDON AND CANCEL the subdivision of the tract of land described in "Schedule A" hereof, which said abandonment shall be effective, and said subdivision shall no longer exist, upon the due approval and recording of this certificate. (6) Endorsed hereon is the approval of the Assessor of the Town of Southold. (7) Submitted herewith is an Abstract of Title to the property described in "Schedule A", the subdivision of which is to be abandoned, covering a period of at least twenty (20) years last past, and a report of a tax search by the Title Examiner, to the effect that there are no unpaid tax liens against the said property (to be approved by the County Clerk of the County of Suffolk at the time of recording hereof). on the IN WITNESS WHEREOF, this Certificate is made and executed ~ ~ ~ ~. August - ~ day of ~pt-em~ger-, 1991. ~ EDA L. McKNIGHT KO~.~E STATE OF Florida ) ) ss.: COUNTY OF Collier ) August On this 30th day of ~k~, 1991, before me personally came EDA L. McKNIGHT KOLBE, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. NOTARY PUBLIC NOTARY PUBLIC STATE UF FI MY COMMISSION EXP SEPT. 14,1~93 BONDED THRU GENERAL INS. UND, SCHEDULE "A" DESCRIPTION OFPROPERTY ALL that certain plot, piece or parcel of land situate, lying and being at Nassau Point, Town of Southo!d, Suffolk County, New York, more particularly bounded and described as follows: BEGINNIHG at the point formed by the intersection of the southeasterly line of Aborn Lane and the southeasterly end of a fifteen (15) foot wide right-of-way which forms pa~ of the boundary of the premises about to be described, which point is situate South 54'~ 42' 00" West, 730.00 feet from the point formed by the intersection of the southeasterly line of Aborn Lane and the westerly line of Nassau Point Road, and RUNNING THENCE, South 54° 42' 00" West, 286.09 feet more or less to the shoreline of Great Peconic Bay; thence a',ong the shoreline of Great Peconic Bay, as the same winds and turns, the following two (2:) tie-line courses and distances: (1) North 45° 02' 09" West, 49.76 feet, and (2) No~th 47° 54' 38" West, 121.21 feet to lands now or formerly of Charles & Maude B. H, ammer; thence North 54° 42' 00'~ East, along last mentioned lands, 143.03 feet more or less to the southerly line of a 15 foot wide right-of-way; thence southeasterly along the southerly and southwesterly line or side of said 15 foot wide right-of-way, as the same winds and turns, a distance of 255 feet, more or tess, t',~ the southeasterly line of Aborn Lane and the point or place of beginning, and comprising an area of 0.893 acres, be the same, more or less, being and intended to be the southerly part of Lot 93 as shown on the "Map of Proposed Subdivision, Section B, Nassau Poin~ Club Properties, Inc., Situate on Nassau Point, Suffolk County, N.Y.," filed in the Office of the Clerk of the County of Suffolk on October 4, 1919 as Map No. 745 and on the "Amended Map A of Nassau Point, Owned by Nassau Point Club Propedies, Inc., Situate in Town of Southold, Long lslanc~, N.Y.," filed in the Office of the Clerk of the County of Suffolk on August 16, 1922 as Map No. 156. APPROVAL OF ASSESSOR I, ROBERT I. SCOTT, JR., Chairman of the Board of Assessors of the Town of Southold, County of Suffolk, State of New York, do hereby approve the foregoing Certificate of Abandonment of a portion of the subdivision map entitled "Amended Map A of Nassau Point, Owned by Nassau Point Club Properties, Inc., Situate in Town of Southold, Long Island, N.Y.", filed August 16, 1922, as Map No. 156. STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On this~ day of October, 1991, before me personally came Robert I. Scott, Jr., to me known to be the Chairman of the Board of Assessors of the Town of Southold and to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. NOTARY PUBLIC CERTIFICATE OF ABANDONMENT SOUTHOLD TOWN IEANNING BOARD _j EDA L. McKNIGHT KOLBE, Naples, Florida 33963, for the cancelling the subdivision of a residing at 631 Bentley Drive, purpose of abandoning and certain tract of land owned by her and hereinafter described, pursuant to Subdivision 3, Section 335 of the Real Property Law of the State of New York, does hereby certify: (1) A certain map was filed which subdivided such tract, and other land, situate in the Town of Southold, County of Suffolk, into lots, plots, blocks, and streets. Said map is entitled "Map of Proposed Subdivision, Section B, Nassau Point Club Properties, Inc., Situate on Nassau Point, Suffolk County, N.Y." and was filed in the Office of the Clerk of the County of Suffolk on October 4, 1919 as Map No. 745. (2) More than twenty (20) years have elapsed since the filing of the said map. 1:1LEO NOV ~0 199~ Dp. ROMA~. .... and made a part hereof. (3) The tract of land owned by the undersigned, the subdivision of which is to be abandoned and cancelled, is situate wholly in the Town of Southold, Suffolk County, New York, and is known and described as in "Schedule A", annexed hereto 1 1 9 2 4 # ABS] FILEDNOV201991 (4) The tract of land for which the subdivision is to be abandoned is greater than one-half acre in area. (5) Said EDA L. McKNIGHT KOLBE DOES HEREBY ABANDON AND CANCEL the subdivision of the tract of land described in "Schedule A" hereof, which said abandonment shall be effective, and said subdivision shall no longer exist, upon the due approval and recording of this certificate. (6) Endorsed hereon is the approval of the Assessor of the Town of Southold. (7) Submitted herewith is an Abstract of Title to the property described in "Schedule A", the subdivision of which is to be abandoned, covering a period of at least twenty (20) years last past, and a report of a tax search by the Title Examiner, to the effect that there are no unpaid tax liens against the said property (to be approved by the County Clerk of the County of Suffolk at the time of recording hereof). on the IN WITNESS WHEREOF, this Certificate is made and executed August , ~ day of September, 1991. EDA L, McKNIGHT ~O~LBE STATE OF Florida ) ) Ss.: COUNTY OF Collier ) August On this 30th day of ~S~p~em~,.~ 1991 , before me personally came EDA L. McKNIGHT KOLBE, to me k~own to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. NOTARY PUBLIC RY CO~ISSIOg E~P SEPT.14,1993 ~ONgED TII~U ~£NERAL INS. U~D. SCHEDULE "A" DESCRIPTION OF PROPERTY A. tL that certain plot, piece or parcel of land situate, lying and being at Nassau Point, Town cf Southold, Suffolk County, Hew York, more padicularly bounded and d;:~cribed as foIlows: BEGINNING at the point formed by the intersection of the southeasterly line of Aborn Lane and the southeasterly end of a fifteen (15) foot wide right-of-way which forms pa~t of the boundary of the premises about to be described, which point is situate South 545 42' 00" West, 730.00 feet from the point formed by tile intersection of the southeasterly I;,ne of Aborn Lane and the westerly line of Nassau FYoint Road, and RtJNNING THENCE, South 54° 42' 00" West, 286.09 feet more or less to the s ,ore,me of Great Peconic Bay; thence along the shoreline et Great Peconic Bay, as the same winds and turns, the following two (2) tie-line courses and distances: (1) North 45° 02' 09" West, 49.76 feet, and (2) North 47° 54' 38" West, 121.21 feet to lands now or formerly of Charles & Maude B. Hammer; thence North 54° 42' 00" East, a!ong last mentioned lands, 14.3.03 feet more or less to the southerly line of a 15 foot wide right-of-way; thence southeasterly along the southerly and southwesterly line or side of said 15 foot wide right-of-way, as the same winds and turns, a distance of 255 feet, more or less, to the southeasterly line of Aborn Lane and the point or place of beginning, and comprising an area of 0.893 acres, be the same, more or less, being and intended to be the southerly part of Lot 93 as shown on ti~e "Map of Proposed Subdivision, Section B, Nassau Point Club Properties, Inc., Situate on Nassau Point, Suffolk County, N.Y:,, flied in the Office of the Clerk of the County of Suffolk on October 4, 1919 as Map No. 745 and on the "Amended Map A of Nassau Point, Owned by Nassau Point Club Properties, Inc., Si'tuate in Town of Southold, Long Island, N.Y.," filed in the Office of the Clerk of the County of Suffolk on August 16, 1922 a,~ Map No. 156. APPROVAL OF ASSESSOR on Nassau Point, Map No. 745. I, ROBERT I. SCOTT, JR., Chairman of the Board of Assessors of the Town of Southold, County of Suffolk, State of New York, do hereby approve the foregoing Certificate of Abandonment of a portion of the subdivision map entitled "Map of Proposed Subdivision, Section B, Nassau Point Club Properties, Inc., Situate Suffolk County, N.Y.", filed October 4, 1919, as ss.: STATE OF NEW YORK) ) COUNTY OF SUFFOLK) On this~d~day of October, 1991, before me personally came Robert I. Scott, Jr., to me kng~n to be the Chairman of the Board of Assessors of the Town of S0'uthold and to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. NOTARY PUBLIC ~n/PUblic, State JAN~ ANN R. KRATZ E$$eK$, H£FTER & ANGEL COUNSELORS AT LAW I08 EASt MAIN STREET P, O, Box 279 RIVERHEAD, N.Y. {1901 September 30, 1991 P. O. Box 570 WATER MILL, N.Y. 11976 (516) 726 6633 HAND DELIVERED Town of Southold Planning Board Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 Attention: Melissa Spiro Re: Minor Subdivision of Harry G. and Janet Hohn, Nassau Point Dear Ms. Spiro: Delivered herewith are the following, in connection with the above-referenced subdivision: 1. Four (4) mylars and ten (10) paper prints of the final plat of the subdivision last revised September 16, 1991, with the approval of the Suffolk County Department of Health Services endorsed thereon; 2. A conformed copy of the recorded Declaration Covenants and Restrictions, containing the covenants and restrictions required by the Planning Board; and of 3. Check No. 39 of Southold" in the amount park and playground fee. of Harry G. Hohn, payable to the "Town of $2,000.00, representing the required Thank you for your cooperation. JMW:kak enc. Very truly yours, John M. Wagner P,~IING DOARD F'.SE, EKS, I'J£FTER ~l~ ANGEL Please deliver the following pages(s) to: NAM E: ~ t~ COMPANY: --- ~ ~ -"--------~~; I , ') FROM: '- CLIENT: S E~:DER: TOTAL NUM..BER [[ there are Sender at (516 OF PAGES:____ J~t__~ (Including Cover Page) any problems during this transmission, 369-1700 ~o~ents: please call ~NT~IALITY NOTICE information which i,'co - ~:; ~ ~ ? he documents accompanying thin .o r sm' ion co~taiq znformation ~ .... af~dential a g 1 pri~ile . entity named'~ zntended only for a the use of ~ ..... g~G. The on this transr~ission sheet. If YOu are not th¢~ intended recipient, YOU are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance -,,e contents of this prchibited, and that the telecopied information is Strictly · documents Should be returned to this firm ~m:ne~liateiy. ~n this regard, if you have received this telecop¥ in error, please notify us by telephone ~nUnediately. -- ~ Sender 11343P 237 DECLARATION OF COVENA~TSAND RESTRICTION~ THIS 1991, by EDA L. Naples, Florida "Declarant"; DECLARATION, made as of this ~0~day of September, McKNIG~T KOLBE, residing at 631 Bentley Drive, 33963, hereinafter referred to as the WHEREAS, the Declarant is the OWner of property at Nassau Point, in the Town of Southold, County of Suffolk, and State of New York, which property'is particularly described in '_; -~' "Schedule A" annexed hereto and is shown on "Minor Subdivision Map of Harry ~3 and Janet Hohn," made by John J. Raynor, P.E. & L.S., 1000 P.C., dated January 31, 1991, and last revised September 16, 1991 __~' ' . (hereinafter "the subdivision map"); and .18.00 WHEREAS, as a condition of granting'approval to the .... subdivision map, the Planning Board pf the Town of Southold has ~__ ' . 'required that the subdivision property be subjected to certain )6.00 irestrictions; 001.000 )03.001 NOW, THEREFORE, it is hereby declared as follows~ 1. There shall be no further subdivision in perpetuity of any lots shown on said subdivision map. In addition, no lot dine shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board, or its successor body. 2. So as to minimize Stormwater runoff and erosion, grading within each lot shall be limited to that ~e~eaeary for SOUTHOLD TO~¥N ~ANi'~ING g' 11343 238 structures, and facilities, including, but not limited to access driveways for the subdivision lots. 3. Houses and their accessory uses, structures, and facilities, including,~ut not limited to the access driveways for the subdivision lots, shall be sited and constructed only within the building envelopes and driveway areas shown on the subdivision map. 4. To preserve and enhance the woodland nature of the subdivision property, within any area of the subdivision maD designated "Conservation Easement Area," all healthy trees and bushes with trunks greater than three (3) inches in diameter shall be preserved', except where removal of such trees and bushes is necessary for construction or maintenance of access driveways to the subdivision lots, as set forth herein or shown on the subdivision map. 5. Within each 20-footlwi~e area on the subdivision map that abuts Nassau Point Road and is designated "Non-Disturbance Area,,, natural vegetation shall not be disturbed, except as is necessary for construction or maintenance of the access driveway to Lot No. 1 as described in Paragraph "10" hereof. 6. No new sanitary disposal facility shall be constructed or otherwise located within 100 feet of the existing bulkhead. No new residential structure shall be constructed within 75 feet of the existing bulkhead. 11345 239 No Stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining bodies of water. 8. Erosion and sediment control measures shall be required during and immediately after construction on Lot No. 1 to ensure that stormwater runoff will not carry eroded and other deleterious materials into the tidal wetlands bordering Great Peconic Bay and the adjoining pond. 9. All vegetation on LOt No. bulkhead and the line designated on the Bluff,, shall be maintained so as to prevent erosion. 10. Lot No. 1 of the subdivision map shall have access to and from Nassau Point Road by means of a driveway, not to exceed 16 feet in width. Such access driveway shall be located within the building envelope for Lot No. 1 as shown on the subdivision map. From the northe~sterly boundary of the building envelope for Lot No. 1 to Nassau Point Road, the location and direction of such access driveway shall be such as to avoid disturbance, so far as possible, of mature trees. 11. Lot No. 2 shall have access to and from Nassau Point Road by means of the Xlsting driveway between Lot Nos. 1 and 2 and an easement over Lot No. 1 and the access driveway for Lot No. 1 described in Paragraph "10" hereof. 1 between the existing subdivision map as "Top of 11343 240 12. Lot No. 3 shall have access to and by means of the existing only at from Aborn Lane driveway shown on the subdivision map. 13. These covenants and restrictions can be modified the request of ~he then Owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold, or its sUccessor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. contained unless she or land upon which, and at 14. Declarant, her successors or assigns, shall not be liable fo~a violation of the Covenants or restrictions herein they shall be IN WITNESS to be executed as of the owner or owners of the the time when, the violation occurs. W~HEREOF, the day Declarant has caused this instrument and year first above written. EDA L. McKNIGHT KO. BE 11343 241 STATE OF FLC~IDA ) ) COUNTY OF COLLIER ) SS.: On the ~0~& day of September, 1991, before me personally came EDA L. McKNIGHT KOL~E, to me known and known me to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the to NOTARY PUBLIC C(I~NISSI(N NOTARy PUBLIC STATE OF MY COMMISSION EXP. BONDED THRU GENERAL iNS. " 113487 24 DECLARANT: SCHEDULE "A" DESCRIPTION OF PROPERTY EDA L. MC KNIGHT KOLBE ALL that certain plot, piece or parcel of land situate, lying and being at Nassau Point, Town of Southold, Suffolk County, New York, more particularly bounded and described as follows: BEGINNING at the point formed by the i~tersection of the southeasterly line of Aborn Lane and the westerly line of Nassau Point Road, and RUNNING THENCE southerly along the westerly line or side of Nassau Point Road, as the same winds and turns, a distance of 226.25 feet, more or less (tie line bears South 04° 05' 16" West, 222.71 feet), to lands now or formerly of Richard & Christopher Hurley; thence along said last mentioned lands, the following three (3) courses and distances: (1) South 54° 42' 00" West, 200.00 feet; (2) South 09° 48' 00" West, 120.0~ feet, and (3) North 54° 42' 00" East, 200.00 feet to the westerly line or side of Nassau Point Road; thence southerly along the westerly line or side of Nassau Point Road, as the same winds and turns, a distance of 100.56 feet, more or less (tie line bears South 12° 22' 10" East, 100.37 feet), to lands now or formerly of Marlo & llse Trombone; thence South 54° 43' 00" West, along last mentioned lands, 714.68 feet more or less to the shoreline of Great Peconic Bay; thence along the shoreline of Great Peconic Bay, as the same winds and turns, the following four (4) tie-line courses and distances: (1) North 37° 19' 15" West, 67.74 feet; (2) North 40° 59' 50" West, 205.42 feet; (3) North 45° 02' 09" West, 127.84 feet, and (4) North 47° 54' 38" West, 121.21 feet to lands now or formerly of Charles & Ma~Jde B. Hammer; thence North 54° 42' 00" East, along last mentioned lands, 143.03 feet more or less to the southerly line of a 15 foot wide right-of-way; thence southeasterly along the southerly and southwesterly line or side of said 15 foot wide rightr,of-.. way, as the same winds and turns, a distance of 255 feet, more or less, to the southeasterly line of Aborn Lane; thence North 54© 42' 00" East, along the southeasterly line of Aborn Lane, 730.00 feet to the point or place of beginning, and comprising an area of 7.368 acres, be the same, more or less, a portion of which being and intended to be the southerly part of Lot 93 as shown on the "Map of Proposed Subdivision, Section B, Nassau Point Club Properties, Inc., Situate on Nassau Point, Suffolk County, N.Y.," filed in the Office of the Clerk of the County of Suffolk on October 4, 1919 as Map No. 745 and on the "Amended Map A of Nassau Point, Owned by Nassau Point Club Properties, Inc., Situate in Town of Southold, Long Island, N.Y.," filed in the Office of the Clerk of the County of Suffolk on August 16, 1922 as Map No. 156. 11343PC2~14 11327?£303 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION tnade this ~'...~ day of August, 1991, by Eda L. McKni~ht Kolbe, .._.m_rly known as Eda L. McKnigh~, residing at 63! Bentley Drive, Naples, Florida 33963, hereinafter referred to as the DECLARANT, who~ as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as tho PREMISES), desires to ~estrict the use ac~d enjoyment of said PREMISES and has, for such purpose~! determined ~o impose on said PREMISES covenants and restrictions and does hereby declare that said P~EMISES shall be held and shall fOl,~w.ng covenaats and r~strictions: i8.00 6.00 O 1. 000 & i ,03.00] J be conveyed subject to the WHEREAS, DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct and/or approval of plans for a single-family residence, a subdivision or development, or other construction project o~ the PREMISES; and 2. WHEREAS, the PREMISES are to be Served by individual on-site private wells; and WHEREAS, the results of tests from the test wells sampled on the PREMISES have indicated that the water quality within such wells ~s within the minimum drinking water standards and/or guidelines of the State of New York, and such test results ~re attached hereto as ~chedule "B", and each chemical parameter which exceeds 60~' of the acceptable level ia indicated on ~uch results with an asterisk; and WHEREAS, it has been determined that water quality of private wells is subject to change; and WHEREn~, approval of the DEPARTMENT does not guarantee that the water quality will always meet- drinking water standards; and W~EREA~, the DEPARTMENT recommends periodic ccmprehensive wa~er a~alysis o~ s~.h' ~' wells in order to monitor the water quality to prevent the unknowing consumption of con- taminated water, the DECLARANT, he[' succes- sors, heirs, or assign~ agrees that, if said Wate~ anslysls should indicate water con- tamii'latio~ in e×ccs$ of the minimum drinking water standards and/or guidelines of the State of New York, DECLARANT, her succ,?s- sots, heirs, or assigns [nay be required to: -2- connect to public watt, r, or i~stall necessary ~;ater condition- ing equipment, so as to meet the min~ imum drinking water standards and/or guidelines of the State of New York. As a condition of the approval of the DEPARTNENT for tile subdivision of tile PREMISES into three lots and the use of private wells to service those lots, the DECLARANT agrees that there shall be no furttler subdivision of each of those !o%s describ~d herein and that said PREMISES shall remain as three single lois as depicted on the filed subdivision map. As a ~urther condition of the approval of the DEPARTMENT for the subdivision of the PREMISES into thre¢~ lots and the use of a private well to service each of those lots, the DECLARANT agrees that the capacity of each individual well shall be limited to a pumpinq capacity of (gp~,). Each lot shall and 10 gallons per minute contain only one well The DECLARANT, her successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above-described p~operty and shall, by their terms, subject same to the covenants and restrictions con- tained herein. Pailure of the DECLARANT, he- successors and/or assigns to so con- diticn the leases shall not invalidate their automatic subjugation to the coven- ants and restrictions. All of the covenants and restrictions contained herein shall be construed to be in addition to and net in derogation of or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of ex~ ecution of this agreement, or at the tithe such laws, ordinances, and/or regulations may thereafter be revised, amended or pro- mulgated. -4- 1132 307 This document is made subject to the pro- visions of all laws required by law or by their provisions to be incorporated herein, and they are deemed to be incor- pormted her~in and made a part hereof, as if fully set forth. The aforemeationed 9estrictive Covenants shall be er~forcoable by the County of Suffolk, Skate of New York, by injunc- _tive relief or by any other remedy in oquity or at !aw. T~e f~i[ure of said agencies or the County of Suffolk to en- force the Same shall not be deemed to affect the validity of this Covenant nor to impose say liability whatsoever upon the County of Suffolk or any officer or employee thereof. These covenants and restrictions shall run with the land and shall be binding upo~ the DECLARANT, her successors and assigns, and u9on all persons or entities -5- 10. 11327 308 claiming under them, and may be termin- ated, revoked, or amended only with the written consent of the DEPARTMENT. The ~ec!arations set forth in the WHERRAB clauses contained herein shall be deemed and construed to be and restrictions as set forth hecein. promises, covenants, if f~]lly repeated and !1.' If any section, subsection, paragraph, c!a~i~e, phrase, or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be ad- judged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, in- valid, or unconstitutional. 11327 309 12. Local Law ~32-198fl -- The DECLARANT repre- seats and warrants that she has not of- feted or qiven any gratuity to any offi- cial, employee, ou agent of Suffolk County, New'York ota~e, or of any political par~¥, with the purpose or intent of securing favorable treatment with respect to the performance of an aqreement, and that such person has read and is familiar with the provisions of Local Law ~32-1980. Eda L. McKnight Kolbe ) SS.: COUNTY oF % :,klt e ~ ) On the -'. day of August, 1991, before me personally came ~(.a L. McKn~qht Kolbe, to me ~n..%{n to be the individual described in and who executed the foregoing instrument, and acknowledged that ~he executed same. Notary Public Sea i Date ~f Ex:;iratioH of Commission 11327 310 SCHEDULE "A" DESCRIPTION OF PROPERTY DECLARANT: SCDHS REF. No.: ED~'L MC KNIGHT KOLBE 90-349 ALL that certain plot, piece or parcel of land situate, lying and being at Nassau Point, Town el Southold, Suffolk County, N~w York, more parlicularly bounded and described as follows: BEGINNING at the point formed by the intersection of the southeasterly line of Aborn Lane and the westerly line of Nassau Point Road, and RUNNING THENCE southerly along the westeriy line or side of Nassau Point Road. as th8 same winds and turns, a distance of 226.25 feet, more or less (tie line bears South 04° 05' 16" West, 222.71 feet), to lands now or formerly of Richard & Christopher Hurley; thence along said last mentioned lands, the follow~ng three (3) courses and distances: (1) South 54" 42' 00" West, 200.00 teet; (2) South 09° 48' 00" West, 120.00 feet, and (3) North 54° 42' 00" East, 200.00 feet to the westerly line or side of Nassau Point Road; thence southerly aloog the westerly line or side of Nassau Point Road, as the same winds and turns, a distance of 100.56 feet, more Or less (tie line bears South 12© 22' 10" East, 100.37' feet), to lands now or tormerly of Marie & llse TrOmbone; thence South 54° 43' 00" West, along last mentioned lands, 714.68 feet more or less to the shoreline Of Great Peconic Bay; thence along the shoreline of Great Peconic Bay, as the same winds and turns, the following four (4) tie-line courses and distances: (1) Nodh 37° 19' 15" West, 67.74 feet; (2) North 40°,59' 50" West, 205.42 teet; (3) Nodh 45° 02' 09" West, 127.84 feet, and (4) North 47° 54' 38" West, 121.21 feet to lands now or formerly of Charles & Maude 13. Hammer; thence ,~'.~orth 54° 42' 00" East, alon0 last mentioned lands, 143.03 feet more or 11327 31 less to the southerly line of a 15 foot wide right-of-way; lhence southeasterly along the southerly s~d southwesterly line or side of said 15 foot wide right-of -way, as the same winds and turns, a distance of 255 feet, more or less, to the southeasterly ti~e of Aborn Lane; thence North 54° 42' 00" Fast, along the southeasterly li,~e of Aborn Lane, 730.00 feet to the point ar place of beginning, and comprising an area of 7.388, .-,- acr~.~, be the same, more or less, a portion of which being and inlended to be the southerly part of Lot 93 as shown on the Proposed SubdivisiOn Map of Section "B", Nassau Point Club Properties, Inc.. Map No. ?45, as filed in the Office of the Clerk of the County of Suffolk on October 1, 1919, and on the Subdivision Map of Amended Map "A" of Nassau Point, Map No. 156, as filed in the Office of the Clerk of the County of Suffolk on Augus! 16, 7922. SCltEDUI. E B P~blic Wa~er Prwale Water Date Completed rd/.../.. Examiaecl [g¥ ._' ~ ~ SUFFOLK COUNTy DEPARTMENT OF HEALTH SF-RVJCES * PU(~tIC HEALTH LABORATORY CHEMfCAL EXAMINATION OF WATER 1 U~:....~ ~ ?~ -~y~ Ow.e,. Remarks: 1) Resulls Reported as MicrogramS Pe~ L~lec Complete Metals Only ~)lr eclor ......... Number of sa~ple vialo 9ubmitted ~ 305 vinyl chloride ....... 305 methylene chloride . .. 323 1,1 flichlo~oethane 309 ~cans 1,2 dichl'ethene 300 cnl0roform ........... 324 1,2 dichloroetha~e 32l l,l,l trichloroethan~ 405 1,2 dichloropropane 320 f[eof~ 113 307 1,1 d~chioroethene ... 250 hertz,ne .................... 251 259 ethFlb~n=en~ ............... 254 o-zy!ene 252 m-xy~ene 255 total ~yi~ne 266 2-chloro~oluene (0) ........ 267 m-chlorotoluene ............ 268 4-chlorotoluene (p) ........ 265 total chlo=otoluene ........ 419 1,3,5 trimethyib.~nzeae 435 ~,2, 4,5 tet~azaethylbenzene . 438 1,2,3 trichlor0benzene 602 n-propylbenz~ne :':{H LaB tl .'Field NO Tiff'id CoL 8y 59~480 Rec'd ~n Lab Public Waler Private W.~...eCff_~_..~. _ Date Compta[ed ' ~ ~ Dr- HEALTH SERVICES SUr'~-O_K COUNTY DEPARTMEt,IT f '~ ' cd^'*' - ©RENS~u SCIENCES DI,~._ ,j I OF M'FD~CAt. LECAt INVES'r!GATIONS & F , ' ' PUBLIC HEALfH LABORATORY ' PESTICIDE ANALYSIS OF WATER I~-/t ~,,/~ x/ z.~;- -'-~ o, ~,~,, (3) Las: Name _ P-~ ~---~ T~ ~ / ~' -~7 / (21 Firsl Mailing Address (20) Pub ._Ncom {15) Distance lo Farm f3~) Weft DeCh {57) Resampie? ~ Key R No __ Las[ Resull (~3) Section (~6} a~ock (1 l) Lei Remarks Owner .... ,/¢ £/ COMPOUND PPB '223j Aldicarb ......................... ~' {,:25J Aldlcarb Sa fox de (426~ Ald~carb Sullone ........ '224) Camofurar 427 ......... '"' · - ) 3 Hydroxycatboturan .128) Oxamyl .............. "I _ 429) Carbary .. " 554) 1,Naphlhol ' ....... i:_.1 .... ......... L_ yG/L (~501 Oaygon ......................... (55~1 ,~'z,c'thiocarb .......... ]. !___ SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTM~: COMMENTS: fLANNING BOARD MEMBERs Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SOUTHOLD TOWN PLANNING BOARD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 MINUTES SEPTEMBER 9, 1991 Present were: Bennett Orlowski Jr., Chairman G. Richie Latham Kenneth Edwards Richard Ward Mark McDonald Valerie Scopaz, Town Planner Melissa Spiro, Planner Holly Perrone, Secretary Mr. Orlowski: Good evening, I would like to call this meeting to order. First order of business is the setting of the next Planning Board Meeting. Board to set Monday, September 30, 1991 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for the next'regular Planning Board Meeting. Mr. Ward: So moved. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. PUBLIC HEARINGS: Subdivisions - Final: Mr. Orlowski: Harry Hohn - This minor subdivision is for three lots on 7.368 acres located on the southwest corner of Aborn Lane and Nassau Point Road in Cutchogue. SOUTHOLD TOWN PLANNING~IARD 2 SEPTEMBEr, 1991 SCTM ~ 1000-118-6-1. We have proof of publication in both the local papers and everything is in order for a final hearing. I will ask if there are any objections to this subdivision? George Burrell: Yes, I have an objection. I have written on three occasions in connection with it and I don't know to what extent they have been met by any consideration. However, I do think that the matter should be postponed at the present time. As of ten o'clock this morning when I appeared at the Planning Board office, there was still documentation that had not been supplied. There still was a declaration that had not been completely revised although I was told it was going to be revised and I would assume that it has been by this time. But I have not seen, as of this moment, any such revisions on those declarations, it seems to me and the objections which I voiced in my letters previously ..... It is known to you if you have read my letters and I think they are pertinent and I think that they should be considered or I should be given an opportunity to adjust them more realistically after I have seen all of the documentation. For example, water supply system, the declaration, the sketch or final map that has been submitted seems to be filled full of certain discrepancies, nothing else. There certainly is a lot of material in there which is pertinent to the particular review by the Planning. They seem to have been taken out on one occasion, but not fully on the second occasion so that these things have been told and have been presented and yet as of this moment, they have not been addressed as far as I am concerned. It seems to me that on the basis of that and on the basis of what has yet to be read into the record and I haven't seen them and I think I am entitled to it, there should be a short adjournment so that we can respond to it. I don't even know that I do have any objections to that as yet, but certainly I should like to have the opportunity to do so and I addressed this in my letter on August 16th, August 26th, and again in a letter dated yesterday. On all occasions I addressed just that particular point of view and as of now, I have not had any of the documentation that I think is pertinent to a final determination. I think that there should be a short postponement in order to give me an opportunity, and give the board a opportunity to address the letter that I sent in which I personally delivered at 10 o'clock this morning. Mr. Orlowski: O.K., any other objections to this subdivision? Mr. George Burrell: May I ask that the record include the letters that I have filed with you and the objections that I have made. Mr. Orlowski: Yes, they will be in the record. Mr. Burrell: And that there should be some documentation as to the extent of the Planning Board determination here. For example, you address in the declaration, as I have seen it certain lots which belong to me and yet they seem to be part of SOUTHOLD TOWN PLANNING 3 SEPTEMBER~ 1991 the subdivision. You put in other declarations for delineations, for what ever it is designations on property again, which is on my property and yet its not in there, yet it seems to have a stamp of approval of the Planning Board. Now, I do note from my first letter that when I did make that objection previously, they did take out some of the things that were on my property leaving certain other matters to be, I don't know, for the future to be determined or whether it is to have the stamp of approval of the Planning Board. This is something that is very pertinent and which I addressed in my letter and I think deserves consideration for a postponement so that we can present just that kind of thing. Mr. Orlowski: Well, nothing has a stamp of approval on it yet. Mr. Burrell: I appreciate that, that is why I am asking for a postponement so that we could go into the matter so that we could get a final determination and get this done for once and for all. I don't like this appearing and objecting to these things anymore then anybody else does. I don't like to waste my time especially at this moment, I have other things on my mind right now and I just don't feel that this should be rushed through on the basis of a last minute, I don't know, corrections, revisions or what have you and they certainly don't. And the things I have seen don't conform to the matters which have been set forth by the water resources and by the declarations themselves. That does not conform and they should be reviewed. Mr. Orlowski: O.K., any other objections? Hearing none, are there any endorsements of this subdivision? Mr. John Wagner: Good evening, I'm with Esseks, Hefter, and Angel, Riverhead, New York for the applicant. We are here this evening requesting that this Board grant approval to this subdivision. Conditional approval if you will tonight. Response to Mr. Burrell, there have been numerous documents supplied in on-going dialogue with the Planning Board as to provisions to the maps. Tonight, in fact, I have to hand up to the Board a copy of the latest plat with the latest changes agreed to by all sides which has been endorsed with the approval of the Health Department, pursuant to its own review and pursuant to the Health Departments Board of Review determinations and the sample approval endorsed on the Map is dated September 5th, so we did not have an occasion to bring it to you before today. I also have with me tonight, and I have an extra copy for Mr. Burrell if he would like to see it, the latest revision of the Declaration of Covenants and Restrictions required by this Board with the advise of the Suffolk County Planning Commission. This contains the latest changes which were agreed to this morning and its a clean copy. I also have for your review, a copy of the reported declaration of covenants and restrictions that were put on record for the Health Department pursuant to their SOUTHOLD TOWN PLANNING 4 SEPTEMBER 1991 approval. I would like to hand out these documents to the Board and Mr. Burrell I have a copy for you as well. Mr. Burrell: This is what I mean. I don't know how there is any response that can be made to something that is not even handed up to the Board yet much less myself. This is why I am asking for that short postponement, it may very well be that it can be clarified very easilybut certainly there should be some consideration given to some documents which I have not as yet seen as of the final meeting, so called. As I understand it there is something from water resources also being handed up. Mr. Orlowski: I don't want to have an argument here. Mr. Burrell: I'm addressing you sir. Mr. Orlowski: We are listening tonight and we will take everything under consideration before we make any approval but we don't want to go back and forth because we could do that all night long. We have your correspondence and we will take a look at it and will make our decision based on a lot of things. Mr. Burrell: Very good. Mr. Wagner: Let me just say a few more things. To protect you from matters that are shown on the plat, everything that is shown on the plat has been in accordance with surveying practices.. Also, with this specific request and approval of the Planning Board over time there are elements shown, I believe, on Aborn Lane and properties to the north. These elements are not part of the subdivision, the subdivision is on the property to be owned by the clients. The purpose of showing ~doorn Lane and the lots to the north is really for reference purposes and also to indicate what is a street shown on two filed maps of Nassau Point. It is to show access to lot #3, he also had to show some of the filed map numbers from the old filed maps in particular lot $93 because a portion of that filed map lot overlays a portion of our property and must be abandoned currently with the filing of this subdivision so it's all with the aim of illustrating where we are and not with the ~aim of taking over anyone else's property. There is no intent of that. The subdivision covers what is within the bounds of the lots described on it. Mr. Burrell: A famous English judge once said, "if it doesn't mean what it says, it should say so." If it doesn't mean, the language which is contained in here, which refers to the lots, they numerated on the map are not applicable then somebody should say that they are not applicable instead of putting all the lots down, which is extraneous to the subdivision and yet expect somebody to pass upon it to spite the fact that it is not included in the subdivision. If we can get a response to that effect or a letter to that effect saying that all of the lots and anything outside the subdivision is not applicable to the subdivision, that should settle it. But when words drawn by an attorney appear in such loose fashion, then I certainly must voice an objection to it. Take for example, the gallon per minute. They put down five gallons per minute when I understand from a decision that the maximum is ten. They don't put the maximum down they only put a minimum down. This is kind of, I would almost say devious, but that is my objection and that is why I want to be heard on it while I want the consideration given to it. But, to tell you at this time, that it doesn't apply and all of this stuff that he put in this thing does not apply, that is not satisfactory as far as I'm concerned. If it does not comply, it shouldn't be there. Mr. Orlowski: Is your concern Aborn Lane? Mr. Burrell: Sorry. Mr. Orlowski: Is your concern Aborn Lane? Mr. Burrell: No, it is not my concern Aborn Lane. It's my property. The lots that he puts in there. He puts five of my lots in there and designates them and yet the language says, that there should be nothing done in connection with my lots although I am not involved in this subdivision and that is in my letter. He puts down a right- of- wayor a way, a fifteen foot way, that is not in the subdivision and yet it is in the map. Now, why should that be in the map? If it is on my property and has nothing to do with the subdivision, he limits the subdivision to three lots south of Aborn Lane and that is the way it should be. Aborn Lane should be the demarcation. Why go beyond that? This is my objection. He took out a lot of things there but left those two things in here which leads me to suspect that those were left in for a specific purpose and its that specific purpose that I think should be addressed. It's unnecessary, I've been told by everybody that it is unnecessary to have all of this other material. Yet every time I object to it, it still goes in and that sounds to me to be devious. Mr. Orlowski: Well, let me assure you that all the Planning Board is looking at is what is within the boundaries of the property owned by the applicant. Mr. Burrell: Sir, if you would put that in for the determination and make it certain that there is no ambiguity about what is put in there and that it is addressed merely to that, I will be content. Mr. Wagner: Let me add one thing. The covenants and restrictions required by this Board and by the Health Departments are in the documents that were given to you. They both contain a schedule which gives a meets and bounds description of the property affected. That schedule and meets and bounds therein pertain only to the property to be owned by my client. The meets and bounds cut off any property outside SOUTHOLD TOWN PLANNING 6 SEPTE~ 1991 that area. There is absolutely no intent to impose the covenants on other lands. Mr. Burrell: But that is not what the language says. Mr. Orlowski: The property shown on the map and described by the meets and bounds is all that this Planning Board is looking at or will approve or disapprove at some point. Mr. Burrell: Then, there will be a change in this language. There will be no further subdivision in perpetuity. Any lots, shown on said subdivision map. Well, the subdivision map that they have includes areas that are outside the subdivision. Mr. Orlowski: But the meets and bounds description explicitly holds it within those limits. Anything shown on the outside has no effect by any determination of this Board. Mr. Burrell: Unfortunately, the meets and bounds description that we are talking about has been changed since the deeds have been made most by accretion. For example, there are certain lines which are designated on the deeds to the McKnights as 120 feet. There shown on the map as 143 feet. I can understand what has happened there and so I have referred to it but I make the objection to it. But, this is the kind of ambiguity that we have here and all I am seeking is to tie it down so that we know what we have and incidentally, it is important that we tie it down here because this man has now been warned three times in connection with his clearing and other things like that and there has been no respect shown to any particular agency as Mr. Trambone says, this man comes in and does what he wants and then has to answer to it at a later date. Mr. Orlowski: Let me just assure you that our approval will only cover what the applicant owns and in those meets and bounds. We can word that probably to your satisfaction in any motion made by this Board. Mr. Burrell: Very good, I'm content with that. Mr. Orlowski: O.K. Mr. Wagner: I would just like to say in conclusion that we spent a long time on this map and there has been a lot of thought given to it. We're applying for three lots which are much under the density provided for by the code. We had a lot of talk about it. We plan, as proposed, to allow for preservation for large trees, to allow for no clearing along Nassau Point Road. It is an environmentally sensitive plan that has come about after great thought and it is probably one of the better plans that you will ever see for a property of this size. I would urge its approval. To my knowledge there are no outstanding matters that could not be resolved by conditional approval and resolved to the Board's satisfaction within the ~SOUTHOLD TOWN PLANNIN~ARD 7 SEPTEMBEO, 1991 next two or three weeks. We are in a position now where we have reached some final agreement on the language of the declarations which Mr. Burrell now has a copy of and I am prepared to send that off to the current owners of the property for execution and filing. We have some what of a time restrain ourselves. I understand that we would like to begin construction on lot #1 before the winter sets in. I am sure you can understand that the foundation should go in before the ground freezes up and the house should be enclosed before it is exposed to the wind and winter conditions. In view of that, I am asking the Boards indulgence that they work with us to move this application forward and I respect the request that we have a conditional final approval tonight which would list all the conditions outstanding which we will meet to the Boards satisfaction before presenting the final map for signature. Mr. Orlowski: O.K., are there any other endorsements of this subdivision? Hearing none, is there anyone out there that is neither pro nor con but may have information pertaining to this subdivision that would be of interest to the Board. Mr. Burrell: May I ask, that since there seems to be some request for further meeting with the Board in connection with this matter. If any such meeting occurs, is there any possibility of my meeting with them on the occasion to make certain that we don't have any further argument or contention . Please believe me, I am not contentious but there is a difficulty here that is beyond the Boards ken. We have to be very careful here to protect our interests and this is exactly the thing that is happening here. We are getting snowed under with all of these beautiful treachers and yet at the same time we find these little digs going in there which is going to be very detrimental to us and that is why I insist upon objecting to what we have here tonight. Mr. Orlowski: O.K.. Mr. Wagner: May I just say one more thing. There has been some sort of taking offense here, some allegations are being made. There has been no intent to include anybody's property on the subdivision. There has been no intent to do anything under the rug. The purpose of showing the adjacent properties is well established particularly in this area where we are doing lots with abuting roads, and the Board, in sound planning practices, is entitled to know what Aborn Lane is and what properties abut it and what takes access off of it. That is all we are trying to do. We are trying to assist this Board and not do anything ulterior. Mr. Burrell: No where is there any designation that the property adjourning is my property. Merely, just lot lines and other rights of way or other things that they put in but nowhere does, although they mention Trambone's name on the other side, $OUTHOLD TOWN PLANNING 8 SEPTEMBt 1991 my name is not mentioned. This is why I believe there is some purpose to this extraneous material that is being put in. Mr. Orlowski: O.K., any questions from the Board? Board: No queStions. Mr. Orlowski: Hearing no further comments or questions, I'll entertain a motion to close this hearing. Mr. Ward: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Harvey Bagshaw and Parviz Farnazad - This proposed lot line change is to subtract 22326 acres from a 4.686 acre parcel and add it to a 1.92 acre parcel on the north side of State Road 25 in Mattituck. SCTM # 1000-122-6-31. We have proof of publication in the local papers and at this time everything is in order for a final hearing. I'll ask if there are any objections to this lot line change? Hearing none, are there any endorsements of this lot line change? Henry Raynor: Mr. Chairman, I represent the applicant. Unfortunately, I don't have any beautiful speeches for you tonight. Basically, the lot line change is in conformance with Section 106A of the subdivision regulations. I believe the Board has all the documentation necessary and I would request the Board approve this proposed lot line change. Thank you. Mr. Orlowski: Any other endorsements of this subdivision? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this subdivision that may be of interest to the Board? Hearing none, any questions from the Board? Board: No questions. Mr. Orlowski: Being no further questions, I'll entertain a motion to close. Mr. McDonald: I move to close this hearing and to offer the following resolution. SENDER: SUBJECT: SCTM~: COMMENTS: SUBMISSION WITHOUT COVER LETTER DECLARATION OF COVENANTS AND RESTRICTIONS THIS 1991, by EDA L. Naples, Florida "Declarant"; DECLARATION, made as of this day of September, McKNIGHT'KoLBE, residing at 631 Bentley Drive, 33963, hereinafter referred to as the WHEREAS, the Declarant is the owner of property at Nassau Point, in the Town of Southold, County of Suffolk, and State of New York, which property is particularly described in "Schedule A" annexed hereto and is shown on "Minor Subdivision Map of Harry G~and Janet Hohn," made by John J. Raynor, P.E. & L.S., P.C., dated January 31, 1991, and last revised September 5, 1991 (hereinafter "the subdivision map"); and WHEREAS, as a condition of granting approval to the subdivision map, the Planning Board of the Town of Southold has required that the subdivision property be subjected to certain restrictions; NOW, THEREFORE, it is hereby declared as follows: 1. There shall be no further subdivision in perpetuity of any lots shown on said subdivision map. In addition, no lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board, or its successor body. 2. So as to minimize stormwater runoff and erosion, grading within each lot shall be limited to that ne~_s~r~------------~ i~ , siting and constructing a house and its accessory SOUTHOLD TOWN PLANNIN~ [~ ~ structures, and facilities, including, but not limited to access driveways for the subdivision lots. 3. Houses and their accessory uses, structures, and facilities, including~ but not limited to the access driveways for the subdivision Lots, shall be sited and constructed only within the building envelopes and driveway areas shown on the subdivision map. 4. To preserve and enhance the woodland nature of the subdivision property, within any area of the subdivision map designated "Conservation Easement Area," all healthy trees and bushes with~runks greater than three (3) inches in diameter shall be preserved, except where removal of such trees and bushes is necessary for construction or maintenance of access driveways to the subdivision lots, as set forth~herein or shown on the subdivision map. 5. Within each 20-foot-wide area on the subdivision map that abuts Nassau Point Road and is designated "Non-Disturbance Area," natural vegetation shall not be disturbed, except as is necessary for construction or maintenance of the access driveway to Lot No. 1 as described in Paragraph "10" hereof. 6. No new sanitary disposal facility shall be constructed or otherwise located within 100 feet of the existing bulkhead. No new residential structure shall be constructed within 75 feet of the existing bulkhead. 7. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining bodies of water. 8. Erosion and sediment control measures shall be required during and immediately after construction on Lot No. 1 to ensure that stormwater runoff will not carry eroded and other deleterious materials into the tidal wetlands bordering Great Peconic Bay and the adjoining pond. 9. All vegetation on Lot No. 1 between the existing bulkhead and the line designated on the subdivision map as "Top of Bluff" shall be maintained so as to prevent erosion. 10. Lot No. 1 of the subdivision map shall have access to and from Nassau Point Road by means of a driveway, not to exceed 16 feet in width. Such access driveway shall be located within the building envelope for Lot No. 1 as shown on the subdivision map. From the northeasterly boundary of the building envelope for Lot No. 1 to Nassau Point Road, the location and direction of disturbance, 11. Road by means of the existing driveway between Lot Nos. and an easement over Lot No. 1 and the access driveway 1 described in Paragraph "10" hereof. such access driveway shall be such as to avoid so far as possible, of mature trees. Lot No. 2 shall have access to and from Nassau Point 1 and 2 for Lot No. 12. by means of 13. Lot No. 3 shall have access to and from Aborn Lane the existing driveway shown on the subdivision map. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. 14. Declarant, her successors or assigns, shall not be liable for-~aviolation of the covenants or restrictions herein contained unless she or they shall be the owner or owners of the land upon which, and at the time when, the violation occurs. IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the day and year first above rltten. w ' EDA L. McKNIGHT KOLBE STATE OF ) ) SS..' COUNTY OF ) On the day of September, 1991, before me personally came EDA L. McKNIGHT KOLBE, to me known and known me to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. to NOTARY PUBLIC DECLARANT: SCHEDULE "A" DESCRIPTION OF PROPERTY ED^ L. MC KNIGHT KOLBE ALL that certain plot, piece or parcel of land situate, lying and being at Nassau Point, Town of Southold, Suffolk County, New York, more Particularly bounded and described as follows: BEGINNING at the point formed by the intersection of the southeasterly line of Aborn Laneand the westerly line of Nassau Point Road, and RUNNING THENCE southerly along the westerly line or side of Nassau Point Road, as the same winds and turns, a distance.of 226.25 feet, more or less (tie line bears South 04° 05' 16" West, 222.71 feet), to lands now or formerly of Richard & Christopher Hurley; thence along said last mentioned lands, the following three (3) courses and distances: (1) South 54° 42' 00" West, 200.00 feet; (2) South 09° 48' 00" West, 120.00 fe~t, and (3) North 54° 42' 00" East, 200.00 feet to the westerly line or side of Nassau Point Road; thence southerly along the westerly line or side of Nassau Point Road, as the same winds and turns, a distance of 100.56 feet, more or less (tie line bears South 12° 22' 10" East, 100.37 feet), to lands now or formerly of Marlo & Ilse Trombone; thence South 54° 43' 00" West, along last mentioned lands, 714.68 feet more or less to the shoreline of Great Peconic Bay; thence along the shoreline of Great Peconic Bay, as the same winds and turns, the following four (4) tie-line courses and distances: (1) North 37° 19' 15"'West, 67.74 feet; (2) North 40° 59' 50" West, 205.42 feet; (3) North 45° 02' 09" West, 127.84 feet, and (4) N(~'~th 47° 54' 38" West, 121.21 feet to lands now or formerly of Charles & Maude B. Hammer; thence North 54° 42' 00" East, along last mentioned lands, 143.03 feet more or '¸2 less to the southerly line of a 15 foot wide right-of-way; thence southeasterly along the southerly and southwesterly line or side of said 15 foot wide right-of -way, as the same winds and turns, a dista?ce of 255 feet, more or less, to the southeasterly line of Aborn..Lane; thence "North 54<' 42' 00" East, along the southeasterly line of Aborn Lane, 730.00 feet to the point or place of beginning, and comprising an a~'ea of 7.368 acres, be the same, more or less, a portion of which being and intended to be the southerly part of Lot 93 as shown on the Proposed Subdivision Map of Section "B", Nassau Point Club Properties, Inc., Map No. 745, as filed in the Office of the Clerk of the County of Suffolk on October 1, 1919, and on the Subdivision Map of Amended Map "A" of Nassau Point, Map No. 156, as filed in the Office of the Clerk of the County of Suffolk on August 16, 1922. MAIN PHONE NO.:_ TELZcoP¥ NO.~ Please deliver the following pages(s) to: ___ (Including Cover Page) problems during this transmission, please call 369-1700 FROM:__ CLIENT~ SENDER: TOTAL NUMBER OF PAGE$:j'~ If there are any sender at (516) Comments: CONPIDENT~AL~TY NOTICE The documents aCcompanyin this telecopy transmission contain information which is confi~%ntial and/or legally privileged. The information is intended only for the Use of the individual or e. ntity named on this transmission sheet. If yo~ are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any aotion in reliance on the contents of this telecopied information is strictTy ?rohibited, and that the documents should be returned to this firm Immediately. In this regard, if you have received this telecopy in error, please notify us by telephone immediately. Date Sent Time -- Sender DECLARATION OF COVENANTS AND RESTRICTIONS THIS 1991, by EDA L. Naples, Florida "Declarant"; WMEREAS, the DECLARATION, made as of this day of September, McKNIGHT KOLBE, residing at 631 Bentley Drive, 33963, hereinafter referred to as the Declarant is the owner of property at Nassau Point, in the Town of Southold, County of Suffolk, and State of New York, which property is particularly described in "Schedule A" annexed hereto and is shown on "Minor Subdivision Map of Harry G. and Janet Hohn," made by John J. Raynor, P.E. & L.S., P.C., dated January 31, 1991, and last revised September 5, 1991 (hereinafter "the subdivision map"); and WHEREAS, as a condition of granting approval to the subdivision map, the Planning Board of the Town of Southold has required that the subdivision property be subjected to certain restrictions; NOW, THEREFORE, it is hereby declared as follows'~ 1. There shall be no further subdivision in perpetuity of any lots shown on said subdivision map. In addition, no lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board, or its successor body. 2. So as to minimize stormwater runoff and erosion, grading within each lot shall be limited to that necessary for siting and constructing a house and its accessory u_uses, structures, and facilities, including, but not limited to access driveways for the subdivision lots. 3. Houses and their accessory uses, structures, and facilities, including, but not limited to the access driveways for the subdivision lots, shall be sited and constructed only within the building envelopes and driveway areas shown on the subdivision map. 4. To preserve and enhance the woodland nature of the subdivision property, within any area of the subdivision map designated "Conservation Easement Area," all healthy trees and bushes with trunks greater be preserved, except where necessary for construction than three (3) inches in diameter shall removal of such trees and bushes is or maintenance of access driveways to the subdivision lots, as set forth herein or shown on the subdivision map. 5. Within each 20-foot-wide area on the subdivision map that abuts Nassau Point Road and is designated "Non-Disturbance Area," natural vegetation shall not be disturbed, except as is necessary for construction or maintenance of the access driveway to Lot No. 1 as described in Paragraph "10" hereof. 6. No new sanitary disposal facility shall be constructed or otherwise located within 100 feet of the existing bulkhead. No new residential structure shall be constructed within 75 feet of the existing bulkhead. 7. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining bodies of water. 8. Erosion and sediment control measures shall be required during and immediately after construction on Lot No. 1 to ensure that stormwater runoff will not carry eroded and other deleterious materials into the tidal wetlands bordering Great Peconic Bay and the adjoining pond. 9. All vegetation on Lot No. 1 between the existing bulkhead and the line designated on the subdivision map as "Top of Bluff" shall be maintained so as to prevent erosion. 10. Lot No. 1 of the subdivision map shall have access to and from Nassau Point Road by means of a driveway, no~ to exceed 16 feet i~..width. Such access driveway shall be located within the building envelope for Lot NO. 1 as shown on the subdivision mapi Prom the northeasterly boundary of the building envelope for Lot No. 1 to Nassau Point Road, the location and direction of such access driveway shall be such as to avoid disturbance, so far as possible, of mature trees. 11. Lot No. 2 shall have access to and from Nassau Point Road by means of the existing driveway between Lot Nos. 1 and 2 and an easement over Lot No. 1 and the access driveway for Lot No. 1 described in Paragraph "10" hereof. 12. Lot NO. 3 shall have access to and from Aborn Lane by means of the exis:ing driveway shown on the subdivision map. 13. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of of Southold, or its successor body, Adjoining property owners shall be the Planning Board of the Town after a public hearing. entitled to notice of such public hearing, but their consent to such modification shall not be required. 14. Declarant, her successors or assigns, shall not be liable for a violation of the covenants or restrictions herein contained unless she or they shall be the owner or owners of the land upon which, and at the time when, the violation occurs. IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the day and year first above written. EDA L. McKNIGHT KOLBE STATE OF ) ) ss,: COUNTY OF ) On the day of September, 1991, before me personally came EDA L. McKNIGHT KOLBE, to me known and known to me to be the individual described in and who executed the foregoing instrttraent, and acknowledged that she executed the same. NOTARY PUBLIC PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 TO: FROM: RE: SCOTT L. HARRIS Supervisor PLANNING BOARD OFFICE TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Harvey A. Arnoff, Town Attorney ~A;~;r/~J/~~ Matthew G. Kiernan, Assistant Town Bennett Orlowski, Jr., Chairman Draft Declaration of Covenants and Restrictions~"----~ ~ Minor Subdivision Harry and Janet Hohn SCTM# 1000-118-6-1 and 3.1 DATE: September 10, 1991 Attached please find a copy of the draft Declaration of Covenants and Restrictions for the above mentioned subdivision for your legal review. I have also enclosed the following: 1. A copy of the final map; The Planning Board's March 11, 1991 resolution adopting the Suffolk County Planning Commission report with various amendments; The Planning Board's April 1, 1991 resolution amending their March llth resolution; 4. Mr. Burrell's {neighbor) letter of September 7, 1991. Ail requests of the Planning Board have been included in the draft Declaration. 550 Aborn Lane Nassau Point Cutchogue, N. Y. (516) 734-5678 11935 September 7. 1991 Re: Proposed subdivision SCTM 1000-118-6-1, 3.1 by Harry G. and Janet Hohn Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, N. Y. 11971 Dear Mr. Orlowski: On September 6, 1991 I obtained a "Revised Subdivision Map" filed September 5, 1991, and a "Declaration of Covenants and Restrictions" to which some corrections and deletions already had been made but not incorporated. I would submit the following comments which are set forth here as ob)ections to the "Declaration" and the "Revised Subdivision Map". 1) The "Declaration of Covenants and Restrictions" should be executed also by the applicants, since they are the real parties in interest. 2) Reference is made in Paragraph #1 of the "Declaration" to restrictions applying to "any lots shown on said subdivision map. At least five lots referred to in the Subdivision Map are not any part of the subdivision, and are owned by me and are part of my property. They are not within the area being subdivided, but the language of the Declaration by reference to them seems to include them as part of the conditions for granting approval. We object, therefore, to any reference on the Subdivision Map to such lots. 3) Reference is made on the Subdivision Map to "15' Way." That reference is on property belonging to me on my land, and in an area that is outside the subdivision area. I vehemently deny the existence of any such "15" Way" and my ownership is confirmed by my deed and my title policy. If there is any dispute concerning same, that matter should and will be resolved by a Court of Law. The inclusion of any reference which intrudes on my property should not be included, especially in this subdivision which clearly is restricted and a conservation easement area. Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board September 7, 1991 -2- We therefore object to any reference which is outside the area being subdivided on a proposed official subdivision map. 4) In Paragraph #10 of the "Declaration", reference is made to a "30 foot wide driveway" on the Subdivision Map. I found no reference to a "30 foot wide driveway" on the map dated September 5, 1991. Evidently there will be a change concerning this re~erence. 5) I am informed that deletions are being made in Paragraph #11. 6) Variance for failure to meet minimum standards with regard to water resources was permitted with the proviso that the parcels will not be further subdivided "and that pump capacity will be limited to 10 gpm." Nowhere in the Declaration of Covenants and Restrictions is there any reference to such condition and limitation. Instead, in the Subdivision Map of September 6, 1991 the data presented shows a minimum pump capacity of 5 gpm,. but carefully avoids the maximum pump capacity as set forth by the Department of Health Services. Please note my formal objection for the failure to set forth the maximum pump capacity allowed which should be included both on the Subdivision Map and the Declaration. I would incorporate here those matters which I raised in my letters of August 16, 1991 and August 26, 1991. I would also ask for a postponement of any determinations until there has been full completion of the application embodying all the terms and conditions imposed, as well as the deletion of all material extraneous to the proposed subdivision. Re ~t fully/~itted, GF~RGE ~. BURRELL' DECLARATION OF COVENANTS AND RESTRICTIONS THIS 1991, by EDA L. Naples, Florida "Declarant"; DECLARATION, made as of this day of September, McKNIGHT KOLBE, residing at 631 Bentley Drive, '33963, hereinafter referred to as the WHEREAS, the Declarant is the owner of property at Nassau Point, in the Town of Southold, County of Suffolk, and State of New York, which property is particularly described in "Schedule A"~annexed hereto and is shown on "Minor Subdivision Map of Harry G~and Janet Hohn," made by John J. Raynor, P.E. & L.S., P.C., dated January 31, 1991, and last revised September 5, 1991 (hereinafter "the subdivision map"); and WHEREAS, as a condition of granting approval to the subdivision map, the Planning Board of the Town of Southold has required that the subdivision property be subjected to certain restrictions; NOW, THEREFORE, 1. There shall of any lots shown on said line shall be changed in authorized by the Town successor body. it is hereby declared as follows: be no further subdivision in perpetuity subdivision map. In addition, no lot any manner at any future date unless of $outhold Planning Board, or its 2. So as to minimize stormwater runoff and erosion, grading within each lot shall be limited to that necessary for siting and constructing a house and its accessory uses, structures, and facilities, including, but not limited to access driveways for the subdivision lots. 3. Houses and their accessory uses, structures, and facilities, including~ but not limited to the access driveways for the subdivision Lots, shall be sited and constructed only within the building envelopes and driveway areas shown on the subdivision map. 4. To preserve and enhance the woodland nature of the subdivision property, within any area of the subdivision map designated "Conservation Easement Area," all healthy trees and bushes witb.~runks greater than three (3) inches in diameter shall be preserved, except where removal of such trees and bushes is necessary for construction or maintenance of access driveways to the subdivision lots, as set forth~herein or shown on the subdivision map. 5. Within each 20-foot-wide area on the subdivision map that abuts Nassau Point Road and is designated "Non-Disturbance Area," natural vegetation shall not be disturbed, except as is necessary for construction or maintenance of the access driveway to Lot No. 1 as described in Paragraph "10" hereof. 6. No new sanitary disposal facility shall be constructed or otherwise located within 100 feet of the existing bulkhead. No new residential structure shall be constructed within 75 feet of the existing bulkhead. 7. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining bodies of water. 8. Erosion and sediment control measures shall be required during and immediately after construction on Lot No. 1 to ensure that stormwater runoff will not carry eroded and other deleterious materials into the tidal wetlands bordering Great Peconic Bay and the adjoining pond. 9. All vegetation on Lot No. 1 between the existing bulkhead and the line designated on the subdivision map as "Top of Bluff" shall be maintained so as to prevent erosion. 10.~ Lot No. 1 of the subdivision map shall have access to and from Nassau Point Road by means of a driveway, not to exceed 16 feet in width. Such access driveway shall be located within the building envelope for Lot No. 1 as shown on the subdivision map. From the northeasterly boundary of the building envelope for Lot No. 1 to Nassau Point Road, the location and direction of such access driveway shall be such as to avoid disturbance, so far as possible, of mature trees. 11. Lot No. 2 shall have access to and from Nassau Point Road by means of the existing driveway between Lot Nos. 1 and 2 and an easement over Lot No. 1 and the access driveway for Lot No. 1 described in Paragraph "10" hereof. 12. by means of 13. only at the Lot No. 3 shall have access to and from Aborn Lane the existing driveway shown on the subdivision map. These covenants and restrictions can be modified request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. 14. Declarant, her successors or assigns, shall not be liable for--a violation of the covenants or restrictions herein contained unless she or they shall be the owner or owners of the land upon which, and at the time when, the violation occurs. IN WITNESS WHEREOF, Declarant has Caused this instrument to be executed as of the day and year first above written. EDA L. McKNIGHT KOLBE STATE OF ) ) COUNTY OF ) On the day of September, 1991, before me personally came EDA L. McKNIGHT KOLBE, to me known and known me to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. to NOTARY PUBLIC DECLARANT: SCHEDULE "A' DESCRIPTION OF PROPERTY EDA L MC KNIGHT KOLBE ALL that certain plot, piece or parcel of land situate, lying and being at Nassau Point, Town of Southold, Suffolk County, New York, more Particularly bounded and described as follows: BEGINNING at the point formed by the intersection of the southeasterly line of Aborn Lanear~d the westerly line of Nassau Point Road, and RUNNING THENCE southerly along the westerly line or side of Nassau Point Road, as the same winds and turns, a distance.of 226.25 feet, more or less (tie line bears South 04° 05' 16" West, 222.71 feet), to lands now or formerly of Richard & Christopher Hurley; thence along said last mentioned lands, the following three (3) courses and distances: (1) South 54° 42' 00" West, 200.00 feet; (2) South 09° 48' 00" West, 120.00 feat, and (3) North 54° 42' 00" East, 200.00 feet to the westerly line or side of Nassau Point Road; thence southerly along the westerly line or side of Nassau Point Road, as the same winds and · turns, a distance of 100.56 feet, more or less (tie line bears South 12° 22' 10" East, 100.37 feet), to lands now or formerly of Marlo & Ilse Trombone; thence South 54° 43' 00" West, along last mentioned lands, 714.68 feet more or less to the shoreline of Great Peconic Bay; thence along the shoreline of Great Peconic Bay, as the same winds and turns, the following four (4) tie-line courses and distances: (1) North 37° 19' 15"'West, 67.74 feet; (2) North 40° 59' 50" West, 205.42 feet; (3) North 45° 02' 09" West, 127.84 feet, and (4) N0'rth 47° 54' 38" West, 121.21 feet to lands now or formerly of Charles & M thence North 54° .4-~, ^,,.. ,- . , aude B. Hammer. -,~ vu tasT, a~ong last mentioned lands, 143.03 feet more o~ less to the southerly line of a 15 foot wide right-of-way; thence southeasterly along the southerly and southwesterly line or side of said 15 foot wide right-of -way, as the same winds and turns, a distance of 255 feet, more or less, to the southeasterly line of Aborn_.l_ane; thence "North 54° 42' 00" East, along the southeasterly line of Aborn Lane, 730.00 feet to the point or place of beginning, and comprising an a~'ea of 7.368 acres, be the same, more or less, a portion of w;~ich being and intended to be the southerly part of Lot 93 as shown on the Proposed Subdivision Map of Section "B", Nassau Point Club Properties, Inc., Map No. 745, as filed in the Office of the Clerk of the County of Suffolk on October 1, 1919, and on the Subdivision Map of Amended Map "A" of Nassau Point, Map No. 156, as filed in the Office of the Clerk of the County of Suffolk on August 16, 1922. OANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTIIOLD April 2, 1991 ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 John M. Wagner Esseks, Hefter & Angel 108 E. Main Street P.O. Box 279 Riverhead, NY 11901 RE: Harry & Janet Hohn SCTM# 1000-118-6-1-3.1 Dear Mr. Wagner: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 1, 1991: Be it RESOLVED that the Southold Town Planning Board amend their March 11, 1991, resolution in reference to Number 2 of the February 7, 1991, Suffolk County Planning Commission report as follows: Number 2 of the Suffolk County Planning Commission report is to be revised to read: Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house and its accessory uses, structures and facilities with, the intent of preserving as much of the natural vegetation on the site as possible, and to minimize stormwater runoff and erosion. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett OrlowsKi, or/. Chairman Encl. cc: Suffolk County Planning Commission ,NNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L, Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD March 12, 1991 SCOTT L. HARRIS Supervisor Town Ha11.53095 Main Roa, P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 John M. Wagner Esseks, Hefter & Angel 108 E. Main Street P.O. Box 279 Riverhead, NY 11901 RE: Harry & Janet Hohn SCTM~ 1000-118-6-1-3.1 Dear Mr. Wagner: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, March 11, 1991. Be it RESOLVED to adopt the February 7, 1991, Suffolk County Planning Commission report with the following amendments (numbers correspond to numbers in report): 1. To be amended to read: No Lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 2. Is to remain as written. 3. To be amended to read: Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lots 1, 2 & 3, each lot shall be made subject to a covenant that will prohibit future subdivision in perpetuity. 4. To be amended to read: No new sanitary disposal facility shall be constructed or otherwise located within 100 feet of ~xisting bulkhead. 4a. To be added: No new residential structure shall be constructed within 75 feet of existing bulkhead. 5 & 6. Are to remain as written. Page 2 Harry & Janet Hohn To be amended to read: These covenants and restrictions can be modified only at the request of the then Owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. To remain as written. page number. This must include the Liber and The following items are also required: A. The non-use area is to be re-labeled as a conservation easement. B. The conservation easement shall remain in its natural state. Maintenance of this natural vegetation shall be the only use allowed. Items 1,2,3,4,4a,5,6, 7 and B from above, must be presented in a Declaration of Covenants and Restrictions in proper legal form. A copy of the draft Declaration of Covenants and Restrictions must be submitted for review by the Planning Board and the Town Attorney. Once approved, the document must be filed in the Office of the County Clerk. Items 8 and A from above, must be shown on the final map. Upon receipt of the Zoning Board of Appeal's decision in regard to the 280a access applications, the Planning Board may request additional Covenants and restrictions. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr.~/~. Chairman ~ /;dS Encl. cc: Suffolk County Planning Commission THOMAS ~'. WHELAN ESSEKS, HeFTeR & ANGEL CounSELORS AT LAW RIVERHEAD, N.Y, 11901 16) 369-1700 September 11, 1991 P. O. Box 570 WATER ~ILL, N.Y. 11976 (516) 726-6633 Town of Southold Planning Board Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 Attention: Ms. Melissa Spiro Re: Minor Subdivision of Harry G. and Janet Hohn, Nassau Point Dear Ms. Spiro: At the September 9, 1991 public hearing for the final plat of the above-referenced subdivision, I expressed my clients' desire to commence construction of their house on Lot No. 1 as soon as possible, so that the exterior of the house may be suitably weatherproofed and enclosed before the onset of winter. At this point, we continue to work toward final approval of the subdivision plat. In anticipation of such approval, I respectfully request that the Planning Board grant the applicants permission to begin immediately laying out and clearing the access driveway for Lot NO. 1, in accordance with the provisions for such driveway set forth on the final plat and in the Declaration of Covenants and Restrictions. I make the foregoing request to enable the applicants, immediately after approval and filing of the final subdivision plat and issuance of necessary building permits, to commence construction of their house, without expending valuable time for road construction or imposing unwanted traffic on the existing driveway of the neighbors to the south, Mario and Ilse Trombone. I ask that the Board consider the foregoing request and respond in writing at the Board's earliest convenience. Thank yOU. and Janet Hohn Very truly yours, John M. Wagner JMW:kak cc: Harry G. SENDER: SUBJECT: SCTM#: CO~ENTS: SUBMISSION WITHOUT COVER LETTER ~-SS£KS, H£~T£R & ANG£L P O, Box ~79 Please deliver the following pages(s) to: TO~AL N~BER OF PAGES:~ -~ (Including Cover If %here are any problems during this transmission, sender a~ (516) 369-i700 Page) please call Co~ents: ii[ANNiNG BOARD CONFIDENTIALITY NOTICE The documents accompanying this telecopy transmission contain nformation which is confidential and/or legally privileged. The information is intended only for :;the ~ Use of the individual or entity named on this transmission sheet. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance Da the contents of this telecopied information is Strictly prohibited, and that th~ documents sh.ould be returned to this fi~m ~mmediately. In this regard, if you have received this telecopy zn error, please notify us by telephone immediately. Date Sen~ Time ..... Sender PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 10, 1991 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York I 1971 Fax (516) 765-1823 John M. Wagner Esseks, Hefter & Angel 108 E. Main Street P. O. Box 279 Riverhead, New York 11901 RE: Minor Subdivision Harry and Janet Hohn SCTM91000-118-6-1, 3.1 Dear Mr. Wagner: The following took place at the meeting of the Southold Town Planning Board on Monday, September 9, 1991. The final public hearing, which was held at 7:30 P.M., was closed. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ¢w~ Chairman DATE: Please deliver the following pages(s) to: NAME:_ ~ ~ \ % ~'~ ~\~ C) , COMPANY:__~~_~_.~~~ TE~ECOPY NO.,__ 7~- ~ SENDER: -~ TOTAL N~BER OF PAGES:.. ~ (Including Cover Page) If there are any problems during this transmission, please call sender at (516) 369-1700 Comments CONPIDENTIALITY NOTicE The documents acoompanyin this - telecopy transmission contain information which is confi~ntial and/or legally privileged. The information is intended only for the use of the individual or ~ntity named on this transmission sheet. If y~u are not the Zntended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is Strictly ~rohiblted, and that the documents should be returned to this firm z~ediately. In this regard, if you ha~e receiued this telecopy in error, please notify us by telephone l~ediately. Da=e Sent Time Sender D~CLARATION OF COVENANTS AND RESTRICTIONS THIS 1991, by EDA L. Naples, Florida "Declarant"; DECLARATION, made as of this day of September, McKNIGHT KOLBE, residing at 631 Bentley Drive, 33963, hereinafter referred to as the WHEREAS, the Declarant is the owner of property at Nassau Point, in the Town of Southold, County of Suffolk, and State of New York, which property is particularly described in "Schedule A" annexed hereto and is shown on "Minor Subdivision Map of Harry G. and Janet Hohn," made by John J. Raynor, P.E. & L.S., P.C., dated January 31, 1991, and last revised September 5, 1991 (hereinafter "the subdivision map"); and WHEREAS, as a condition of granting approval to the subdivision map, the Planning Board of the Town of Southold has required that the subdivision property be subjected to certain restrictions; NOW, T~EREFORE, it is hereby declared as follows: 1. There shall be no further subdivision in perpetuity of any lots shown on said subdivision map. In addition, no lot line shall be changed ia any manner at any future date unless authorized by %he Town of Southold Planning ~oard, or its successor body. 2. So as to minimize stormwater runoff and erosion, grading within each lot shall be limited to that necessary for siting and constructing a house and its accessory uses, structures, and facilities, including, but not limited to access driveways for the subdivision lots. 3. Houses and their accessory uses, structures, and facilities, includiag, but not limited to the access driveways for the subdivision lots, shall be sited and constructed only within the building envelopes and driveway areas shown on the subdivision map. 4. TO preserve and enhance the woodland nature of the subdivision property, within any area of the subdivision map designated "Conservation Easement Area," all healthy trees and bushes with trunks greater than three (3) inches in diameter shall be preserved, except where removal of such trees and bushes is necessary for construction or mainteaance of access driveways to the subdivision lo~s, as set forth herein or shown on the subdivision map. 5. Within each 20-foot-wide area on the subdivision map that abuts Nassau Point Road and is designated "Non-Disturbance Area," natural vegetation shall not be disturbed, except as is necessary for construction or maintenance of the access driveway to Lot No. 1 as described in Paragraph "10" hereof. 6. No new sanitary disposal facility shall be constructed or otherwise located within 100 feet of the existing bulkhead. No new residential structure shall be constructed within 75 feet of the existing bulkhead. 7. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining bodies of water. 8. Erosion and sediment control measures shall be required during and i~mmediately after construction on Lot No. 1 to ensure that stormwater runoff will not carry eroded and other deleterious materials into the tidal wetlands bordering Great Peconic Bay and the adjoining pond. 9. All vegetation on Lot No. 1 between the existing bulkhead and the line 4esignated on the subdivision map as "Top of Bluff" shall be maintained so as to prevent erosion. 10. Lot No. 1 of the subdivision map shall have access to and from Nassau Point Road by means of a driveway, not to exceed 16 feet in.width. Such access driveway shall be located within the building envelope for Lot No. 1 as shown on the subdivision map. From the northeasterly boundary of the building envelope for Lot No. 1 to Nassau Point Road, the location and direction of such access driveway shall be such as to avoid disturbance, so far as possible, of mature trees. 11. Lot No. 2 shall have access to and from Nassau Point Road by means of the existing driveway between Lot Nos. 1 and 2 and an easement over Lot No. 1 and the acces~ driveway for Lot No. 1 described in Paragraph "10" hereof. 12. Lot No. 3 shall have access to and from Aborn Lane by means of the existing driveway shown on the subdivision map. 13. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. 14. Declarant, her successors or assigns, shall not be liable for a violation of the covenants or restrictions herein contained unless she or they shall be the owner or owners of the land upon which, and at the time when, the violation occurs. IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the day and year first above written. EDA L. McKNIGHT KOLBE STATE OF ) ) ss.: COUNTY OF ) On the day of September, 1991, before me personally came EDA L. McKN~GHT KOLBE, to me known and known to me to be the individual d escrlbed in and who executed the foregoing in~trt%ment, and acknowledged that she executed the same. NOTARY PUBLIC R~VE~H~A~, N,Y 11901 September ll, 1991 570 Town of Southold Planning Board Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 Attention: Ms. Melissa Spiro Re: Minor Subdivision of Harry G. and Janet Hohn, Nassau Point Dear Ms. Spiro: At the September 9, 1991 public hearing for the final plat of the above-referenced subdivision, I expressed my clients' desire to commence construction of their house on Lot No. 1 as soon as possible, so that the exterior of the house may be suitably weatherproofed and enclosed before the onset of winter. At this point, we continue to work toward final approval of the subdivision plat. In anticipation of such approval, I respectfully request that the Planning Board grant the applicants i permission to begin mmedzately laying out and clearing the access driveway for Lot No. 1, in accordance with the provisions for such driveway set forth on the final plat and in the Declaration of Covenants and Restrictions. i ' I make the foregoing request to enable the applicants, mmedlately after approval and filing of the final subdivision plat and issuance of necessary building permits, to commence construction of their house, without expending valuable time for road construction or imposing unwanted traffic on the existing driveway of the neighbors to the south, Marlo and Ilse Trombone. I ask that the Board consider the foregoing request and respond in writing at the Board's earliest convenience. Thank you. Very truly yours John M. Wagner 550 Aborn Lane Nassau Point Cutchogue, N. Y. (516) 734-5678 11935 September 7. 1991 Re: Proposed subdivision SCTM 1000-118-6-1, 3.1 by Harry G. and Janet Bohn Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, N. Y. 11971 Dear Mr. Orlowski: On September 6, 1991 I obtained a "Revised Subdivision Map" filed September 5, 1991, and a "Declaration of Covenants and Restrictions" to which some corrections and deletions already had been made but not incorporated. I would submit the following comments which are set forth here as ob)ections to the "Declaration" and the "Revised Subdivision Map". 1) The "Declaration of Covenants and Restrictions" should be executed also by the applicants, since they are the real parties in interest. 2) Reference is made in Paragraph #! of the "Declaration" to restrictions applying to "any lots shown on said subdivision map. At least five lots referred to in the Subdivision Map are not any part of the subdivision, and are owned by me and are part of my property. They are not within the area being subdivided, but the language of the Declaration by reference to them seems to include them as part of the conditions for granting approval. We object, therefore, to any reference on the Subdivision Map to such lots. 3) Reference is made on the Subdivision Map to "15' Way." That reference is on property belonging to me on my land, and in an area that is outside the subdivision area. I vehemently deny the existence of any such "15" Way" and my ownership is confirmed by my deed and my title policy. If there is any dispute concerning same, that matter should and will be resolved by a Court of Law. The inclusion of any reference which intrudes on my property should not be included, especially in this subdivision which clearly is restricted and a conservation easement area. se -9 Hr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board September 7, 1991 -2- We therefore object to any reference which is outside the area being subdivided on a proposed official subdivision map. 4) In Paragraph #10 of the "Declaration", reference is made to a "30 foot wide driveway" on the Subdivision Map. I found no reference to a "30 foot wide driveway" on the map dated September 5, 1991. Evidently there will be a change concerning this reference. 5) I am informed that deletions are being made in Paragraph #11. 6) Variance for failure to meet minimum standards with regard to water resources was permitted with the proviso that the parcels will not be further subdivided "and that pump capacity will be limited to 10 gpm." Nowhere in the Declaration of Covenants and Restrictions is there any reference to such condition and limitation. Instead, in the Subdivision Map of September 6, 1991 the data presented shows a minimum pump capacity of 5 gpm, but carefully avoids the maximum pump capacity as set forth by the Department of Health Services. Please note my formal objection for the failure to set forth the maximum pump capacity allowed which should be included both on the Subdivision Map and the Declaration. I would incorporate here those matters which I raised in my letters of August 16, 1991 and August 26, 1991. I would also ask for a postponement of any determinations until there has been full completion of the application embodying all the terms and conditions imposed, as well as the deletion of all material extraneous to the proposed subdivision. JANg ANN F~, K~ATZ ESSeKS, HEFTER & Angel CounSELOI~S AT LAW P, O. BOX 279 {516) 369 September 5, 1991 WATER Mill OFFICe MONTAUK HIGHWAY P. O. Box 570 WATER MILL, N.Y. 11976 (516) 726-6633 HAND DELIVERED Town of Southold Planning Board Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 Attention: Ms. Melissa Spiro Re: Minor Subdivision of Harry G. Nassau Point and Janet Hohn, Dear Ms. Spiro: I enclose herewith the following, in connection with the above-referenced subdivision: 1) Five (5) prints of a revised subdivision plat last revised on September 5, 1991; 2) Revised Declaration of Covenants and Restrictions. The enclosed plats and covenants incorporate the changes we discussed on September 4, 1991. If you require anything further, please call. ~ly yours, John M. Wagner JB4W:kak encs. DECLARATION OF COVENANTS AND RESTRICT] THIS 1991, by EDA L. Naples, Florida "Declarant"; DECLARATION, made as of this day of September, McKNIGHT KOLBE, residing at 631 Bentley Drive, 33963, hereinafter referred to as the successor body. 2. So as grading within each siting and constructing a house and to minimize stormwater runoff and erosion, lot shall be limited to that necessary for its accessory uses, WHEREAS, the Declarant is the owner of property at Nassau Point, in the Town of Southold, County of Suffolk, and State of New York, which property is particularly described in "Schedule A" annexed hereto and is shown on "Minor Subdivision Map of Harry G. and Janet Hohn," made by John J. Raynor, P.E. & L.S., P.C., dated January 31, 1991, and last revised August , 1991 (hereinafter "the subdivision map"); and WHEREAS, as a condition of granting approval to the subdivision map, the Planning Board of the Town of Southold has required that the subdivision property be subjected to certain restrictions; NOW, THEREFORE, it is hereby declared as follows: 1. There shall be no further subdivision in perpetuity of any lots shown on said subdivision map. In addition, no lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Hoard, or its structures, and facilities, including, but not limited to access driveways for the subdivision lots. 3. Houses and their accessory uses, structures, and facilities, including, but not limited to the access driveways for the subdivision lots, shall be sited and constructed only within the building envelopes and driveway areas shown on the subdivision map. 4. To preserve and enhance the woodland nature of the subdivision property, within any area of the subdivision map designated "Conservation Easement Area," all healthy trees and bushes with trunks greater than three (3) inches in diameter shall be preserved, except where removal of such trees and bushes is necessary for construction or maintenance of the subdivision lots, as set forth herein or subdivision map. access driveways to shown on the 5. Within each 20-foot-wide area on the subdivision map that abuts Nassau Point Road and is designated "Non-disturbance Area," natural vegetation shall not be disturbed, except as is necessary for construction or maintenance of the access driveway to Lot No. 1 as described in Paragraph "10" hereof. 6. No new sanitary disposal facility shall be constructed or otherwise located within 100 feet of the existing bulkhead. No new residential structure shall be constructed within 75 feet of the existing bulkhead. 7. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining bodies of water. 8. Erosion and sediment control measures shall be required during and immediately after construction on Lot No. 1 to ensure that stormwater runoff will not carry eroded and other deleterious materials into the tidal wetlands bordering Great Peconic Bay and the adjoining pond. 9. All vegetation on Lot No. 1 between the existing bulkhead and the line designated on the subdivision map as "Top of Bluff" shall be maintained so as to pravent erosion. 10. Lot No. 1 of the subdivision map shall have access to and from Nassau Point Road by means of a driveway, not to exceed 16 feet in width, to be located within the area of Lot No. 1 designated on the subdivision map as "30-Foot-Wide Driveway Area." The location and direction of such access driveway shall be such as to avoid disturbance~ so far as possible, of mature trees in the "30-Foot-Wide Driveway Area." 11. Lot No. 2 shall have access to and from Nassau Point Road by means of the existing driveway between Lot Nos. 1 and 2 and an easement over Lot No. ! and the access driveway for Lot No. 1 described in Paragraph "10" hereof. If, for any reason~ the aforesaid access to Lot No. 2 shall be discontinued, Lot No. 2 shall have access to and from Aborn Lane by means of a driveway within the area on the subdivision map designated "Proposed Alternative Future Driveway for Lot 2." Such alternative driveway shall not be greater than 16 feet in width. 12. Lot No. 3 shall have access to and from Aborn Lane by means of the existing driveway shown on the subdivision map. 13. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of $outhold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. 14. Declarant, her successors or assigns, shall not be liable for a violation of the covenants or restrictions herein contained unless she or they shall be the owner or owners of the land upon which, and at the time when, the violation occurs. IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the day and year first above written. EDA L. McKN!GHT KOLBE STATE OF ) ) COUNTY OF ) SS.: On the day of September, 1991, before me personally came EDA L. McKNIGHT KOLBE, to me known and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. NOTARY PUBLIC WILLIAM W. ESSEKS MARCIA Z. HEFtER STEPHEN F~. ANGEL E$sek$, Hefter ~ ANGEL CounSELOrS AT LAW 108 EAST MAIn STF~Eet P, O, BOX 279 RIVerhEAD, N.Y. il90I September 5, 1991 P, O. Box 570 WATER rv~lLL, N.Y. 1197G (516) 726-6633 HAND DELIVERED Town of Southold Planning Board Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 Attention: Ms. Melissa Spiro Re: Minor Subdivision of Harry G. and Janet Hohn, Nassau Point Dear Ms. Spiro: I enclose herewith the following, in connection with the above-referenced subdivision: 1) Five (5) prints of a revised subdivision plat last revised on September 5, 1991; 2) Revised Declaration of Covenants and Restrictions. The enclosed plats and covenants incorporate the changes we discussed on September 4, 1991. If you require anything further, please call. Very tr//ly yours, John M. Wagner JMW: kak encs · 7. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the a~joining bodies of water. 8. Erosion and sediment control measures shall be required during and immediately after construction on Lot No. 1 to ensure that stormwater runoff will not carry eroded and other deleterious materials into the tidal wetlands borderinq Great Peconic Bay and the adjoining pond. 9. All vegetation on Lot No. 1 between the existing bulkhead and the line designated on the subdivision map as "Top of Bluff" shall be maintained so as to prevent erosion. 10. Lot No. 1 of the subdivision map shall have access to and from Nassau Point Road by means of a driveway, not to exceed 16 feet in width, to be located within the area of Lot No. 1 designated on the subdivision map as "30-Foot-Wide Driveway Area." The location and direction of such be such as to avoid disturbance, so far as trees in the "30-Foot-Wide Driveway Area." 11. access driveway shall possible, of mature Lot No. 2 shall have access to and from Nassau Point Road by means of the existing driveway between Lot Nos. 1 and 2 and an easement over Lot No. 1 and the access driveway for Lot No. 1 described in Paragraph "10" hereof. If, for any reason~ the aforesaid access to Lot No. 2 shall be discontinued, Lot No. 2 shall have access to and from Aborn Lane by means of a driveway .within the area on the subdivision map designated "Proposed Alternative Future Driveway for Lot 2." Such alternative driveway shall not be greater than 16 feet in width. 12. Lot No. 3 shall have access to and from Aborn Lane by means of the existing driveway shown on the subdivision map. 13. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of $cuthold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. 14. Declarant, her successors or liable for a violation of the covenants or contained unless she or they shall be the owner or owners of land upon which, and at the time when, the violation occurs. assigns, shall not be restrictions herein the IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the day and year first above written. EDA L. McKN!GHT KOLBE STATE OF ) ) ss.: COUNTY OF ) On the day of September, 1991, before me personally came EDA L. McKNIGHT KOLBE, to me known and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. NOTARY PUBLIC JANE ANN R, KRATZ ESSEKS, HEFTeR & ANGEL CounSELOrS At LAW IO8 EAST Main STREEt P, O. Box 279 RIVERHEAD, N.Y. 11901 (516) 3691700 September 3, 1991 WATER ~V~ILL OFFICE I~ ON TAU K HIghWAY P. O. box 570 WATER MILL, N.Y. 11976 (5{6) 726-6633 HAND DELIVERED Town of Southold Planning Board Town Hall 53095 Main Road P. O. Box 1179 Southold, New York 11971 Attention: Ms. Spiro Re: Minor Subdivision of Harry G. and Janet Hohn, Nassau Point Dear Ms. Spiro: I enclose herewith the following, for your review with the Board on Tuesday, September 3, 1991: 1) Revised Declaration of Covenants and Restrictions; and 2) Two (2) prints of a revised subdivision plat, last revised on August 30, 1991. The enclosed covenants and plats incorporate the changes discussed at our meeting of August 23, 1991. I also enclose, pursuant to your request, a copy of a permit from the New York State Department of Environmental Conservation, which approves the proposed subdivision as well as construction of a dwelling on Lot #1 of the subdivision. If you require anything JMW: kak encs. further, please call. Very truly yours, John M. Wagner DECLARATION OF RESTRICTIONS THIS DECLARATION, made as of this day of September, 1991, by EDA L. McKNIGHT KOLBE, residing at 631 Bentley Drive, Naples, Florida 33963, hereinafter referred to as the "Declarant"; WHEREAS, the Declarant is the owner of property at Nassau Point, in the Town of Southold, County of Suffolk, and State of New York, which property is particularly described in "Schedule A" annexed hereto and is shown on "Minor Subdivision Map of Harry G. and Janet Hohn," made by John J. Raynor, P.E. & L.S., P.C., dated January 31, 1991, and last revised August __, 1991 (hereinafter "the subdivision map"); and WHEREAS, as a condition of granting approval to the subdivision map, the Planning Board of the Town of Southold has required that the subdivision property be subjected to certain restrictions; NOW, THEREFORE, it is hereby declared as follows: 1. There shall be no further subdivision in perpetuity of any lots shown on said subdivision map. In addition, no lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board, or its successor body. 2. So as grading within each siting and constructing to minimize stormwater runoff and erosion, lot shall be limited to that necessary for a house and its accessory uses, structures, and facilities~ including, but not limited to access driveways for the subdivision lots. 3. Houses and their accessory uses, structures, and facilities, including, but not limited to the access driveways for the subdivision lots, shall be sited and constructed only within the building envelopes and driveway areas shown on the subdivision map. 4. To preserve and enhance the woodland nature of the subdivision property, within any area of the subdivisioD map designated "Conservatio~ Easement Area," all healthy trees and bushes with trunks greater than three (3) inches in diameter shall be preserved, except where removal of such trees and bushes is necessary for construction or maintenance of the subdivision lots, as set forth herein or subdivision map. access driveways to shown on the 5. Within each 20-foot-wide area on that abuts Nassau Point Road and is designated Area," natural vegetation shall not be disturbed, except as is necessary for construction or maintenance of the access driveway to Lot No. i as described in Paragraph "10" hereof. 6. On Lot No. 1, no new sanitary disposal shall be constructed or otherwise located within 100 existing bulkhead~ Also on Lot No. 1, structure shall be constructed within the subdivision map on-Dlsturoance facility feet of the no new residential 75 feet of the existing bulkhead. 7. No stormwater runoff resulting and improvement of the subdivision or any of its lots shall be discharged into the adjoining bodies of water. 8. Erosion and sediment control meastlres shall be required during and immediately after construction on Lot No. 1 to ensure that stormwater runoff will not carry eroded and other deleterious materials into the tidal wetlands bordering Great Peconic Bay and the adjoining pond. 9. All vegetation on Lot No. 1 between the existing bulkhead and the line designated on the subdivision map as "Top of Bluff" shall be maintained so as to prevent erosion. 10. Lot No. 1 of the subdivision map shall have access to and from Nassau Point Road by means of a driveway, not to exceed 16 feet in width, to be located within the area of Lot No. 1 designated on the subdivision maE as "30-Foot-Wide Driveway Area." The location and direction of such be such as to avoid disturbance, so far as trees in from the development the "30-Foot-Wide Driveway Area." 11. Lot No. 2 shall have access to and from Nassau Point Road by means of the existing driveway between Lot Nos. 1 and 2 and an easement over Lot No. 1 and the access driveway for Lot No. 1 described in Paragraph "10" hereof. If, for any reason, the aforesaid access to Lot No. 2 shall be discontinued, Lot No. 2 shall have access to and from Aborn Lane by means of a driveway access driveway shall possible, of mature within the area on the subdivision map designated "Proposed Alternative Future Driveway for Lot 2." Such alternative driveway shall not be greater than 16 feet in width. 12. Lot No. 3 shall have access to and from Aborn Lane by means of the existing driveway shown on the subdivision map. 13. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majorlty plus one of the Planning Board of the Town of $outhold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. 14. Declarant, her successors or assigns, shall not be liable for a violation of the covenants or restrictions herein contained unless she or they shall be the owner or owners of the land upon which, and at the time when, the violation occurs. IN WITNESS WHEREOF, Declarant has caused this instrument to be executed as of the day and year first above written. EDA L. McKNIGHT KOLBE STATE OF ) ) COUNTY OF ) ss.: On the day of September, 1991, before me personally came EDA L. McKNIGHT KOLBE, to me known and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. NOTARY PUBLIC SCHEDULE "A" DESCRIPTION OF PROPERTY DECLARANT: EDA L. MC KNIGHT KOLBE ALL that certain plot, piece or parcel of land situate, lying and being at Nassau Point, Town of Southold, Suffolk County, New York, more particularly bounded and clescribed as follows: BEGINNING at the point formed by the intersection of the southeasterly line of Aborn Laneand the westerly line Of Nassau Point Road, and RUNNING THENCE southerly along the westerly line or side of Nassau Point Road, as the same winds and turns, a distance of 226.25 feet, more or less (tie tine bears South 04° 05' 16" West, 222.71 feet), to lands now or formerly of Richard & Christopher Hurley; thence along said last mentioned lands, the following three (3) courses and distances: (1) South 54° 42' 00" West, 200.00 feet; (2) South 09° 48' 00" West, 120.00 feet, and (3) North 54© 42' 00" East, 200.00 feet to the westerly line or side of Nassau Point Road; thence southerly along the westerly line or side of Nassau Point Road, as the same winds and turns, a distance of 100.56 feet, more or less (tie line bears South 12° 22' 10" East, 100.37 feet), to lands now or formerly of Marlo & Ilse Trombone; thence South 54© 43' 00" West, along last mentioned lands, 714.68 feet more or less to the shoreline of Great Peconic Bay; thence along the shoreline of Great Peconic Bay, as the same winds and turns, the following four (4) tie-line courses and distances: (1) North 37° 19' 15" West, 67.74 feet; (2) North 40° 59' 50" West, 205.42 feet; (3) North 45° 02' 09" West, 127.84 feet, and (4) North 47© 54' 38" West, 121.21 feet to lands now or formerly of Charles & Maude B. Hammer; thence North 54° 42' 00" East, along last mentioned lands, 143.03 feet more or less to the southerly line of a 15 foot wide right-of-way; thence southeasterly along the southerly and southwesterly line or side of said 15 foot wide right-of -way, as the same winds and turns, a distance of 255 feet, more or less, to the southeasterly line of Aborn Lane; thence North 54° 42' 00" East, along the southeasterly line of Aborn Lane, 730.00 feet to the point or place of beginning, and comprising an area of 7.368 acres, be the same, more or less, a portion of which being and intended to be the southerly part of Lot 93 as shown on the Proposed Subdivision Map of Section "B", Nassau Point Club Properties, Inc., Map No. 745, as filed in the Office of the Clerk of the County of Suffolk on October 1, 1919, and on the Subdivision Map of Amended Map "A" of Nassau Point, Map No. 156, as filed in the Office of the Clerk of the County of Suffolk on August 16, 1922. -New'York State Depart nt o vironmental Conservation Building 40--SUNY, Stony Brook, New York 11790-2356 75I- 1389 Thomas C. Jorting Commissioner Harry G. and Janet Hohn 200 East 66th St. New York, N.Y. 1002~ July 23, 1991 p~: I~D~D PERMIT ]1-4738-00203/00001-0 Dear Mr. & Mrs. Hohn: In conformance with the requirements of the Stat~ Uniform Procedures Act (Article 70,ECL) and its implementing regulations (6NYCiLR~ Part 621) we are enclosing your permit. Please read all condinicns carefully, if you are unable to comply with any conditions, please cc.ntact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Very truly yours, Robert N. Thurbe~ Sr. Environmental Analyst RNT/rw enclosure Inspections 1. GENERAL CONDITIONS The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). A copy of this permit, including all referenced maps, drawings and speoial conditions, must be available for inspection by the Department at all times at the project site. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. Permit Changes and Renewals 2. The Department reserves the right to modify, suspend or revoke this permit when: at the scope of the permitted activity is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations is found; b) the permit was obtained by misrepresentation or failure to disclose relevant facts; c) new material information is discovered; or d) environmental conditions, relevant technology, or applicable law or regulation have materially changed since the permit was issued~ 3. The permittee must submit a separate written application to the Department for renewal, modifica- tion or transfer of this permit. Such application must include any forms, fees or supplemental infor- mation the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. 4. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of ~11 other permit types. 5. Unless expressly provided for by ~he Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, con- ditions or requirements contained in su6h order or determination. Other Legal Obligations of Permittee 6. The permittee has accepted expressly, by the execution of the application, the full legal responsibili. ty for all damages, direct or indirect, of whatever nature and by whomever suffered, arising out of the project described in this permit and has agreed to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from this projecL 7. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impair- ment of any rights, title, or interest in real or' personal property held or vested in a person not a party to the permit. 8. The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights- of-way that may be required for this project. Page2of_ /__ 1-4 7 ~8--00203/0000 I-0 I l PZRMIT Special Condtt. ions on Page Protection ol Water Water Supply Article 15, lille tS: Water Transport t eh9 istand Wells L-- ---J Wild, Scenic and Recreationai Rivms 6NYCP, R 608: Water Quality Certification [_ J Itarry G. and Janet ltohq 200 gas~ 66ch S~., New York, N-Y. Johp J. Raynor, P. O. Box 720, Wat~i' bliil, Iq.". A;lit;te 19 Air P0!Jtitl0U C)llh0J AhMe 23, ]itie 27 I a~qcle ?,I kruehwate~ Wellaud5 Adicle 25. Tidal Wetlands A~l~cle 27, ]die 7; 6NYCRR 360: Solid Waste Management J19}o W/O Nassau Point Rd., s/t Abozu Laat_'.NdS~au Poiut , Cutchogu~ Suffolk $Otltllo i d Great PC'C ~:ti, Bdx acre. All work shall be ~a -,~.ocdaHc'e with the tttached NYSI)E[ oppJow!,J ~ ..... By acceptance of this per.ltl, thc permittee agrees that til6 periTiiJ is contingent upon strict complia.c~ with the ECL, all appiicabJo rogu at or s, t (Gu e I(.ondtc ss)et fed(SeeRe~erseSde) Conditions included as part of this pemdl AI)DIHONAL GENERAL CONDITIONS FOR ,~,i~ilC[[S 15 (Eille ~), 24, modification of the watercourse hereby auln ~rized st~all not he corn- That the State ot New York shaJl in no case 0' liabJe for any damage Grantm~ of this permit does not relieve !h~, ,1~ plicant ot the the U S Army Corps of Engineers US Coast Guard, New York State on ~,tOD IF T_gD SPECIAL CONDITIONS Development of a single tamily dwelling on Lot no. I, Landward (northeast) of the "Building Setback Line", ~ill not require a permit pursuant to 6NYCRR Part 66I, provided that there is no grading, clearing, discharge of sediment, or other alteration to areas below the existing ten foot contour. 2. On Lot No. 1, the strip of land ten feet in width lying landward of the area of steeper slope (designated on the map accompanying this permit by a shaded or hatched area noted as "Area of 30% Slopes") shall be kept in low maintenance plantings or natural vegetation and shaR not be mown or cut to a height !ess than eighteen inches (]8") in order to minimize ~he incidental movement of sediment and nutrients toward the bay. Vegetation may consist of indigenous plants or nnrsery stock, at the owner's option, but shall be planted in such a manner as to form a dense ground cover to a height of at least eighteen inches. 3. Any expansion of ~he existing one and one-half story house on Lot No. 2, and any regulated activity to be conducted within the tidal wetlands and adjacent area on Lot No. 2, shall be subject to NYSDEC review and permit requirements. 4, The permittee is advised of the presence of a nesting colony of Least Terns, a New York State endangered species, immediately west of the pond on Lot No. 2. To avoid disturbing the Least Terns, there shall be no construction or other activity within 150 feet of any active nest between the dates of April 15th and August 31st. Supplementary Special Conditioas (A) thru(J) attached. ]-4738-00203/0000 ]-0 ' Page 3 of z, The A. Bo Co SUPPLEMENTARY SPECIAL CONDITIONS following conditions apply to al.] permits: If any of the permit conditions are unclear,the permittee shall con- tact the Division of Regulatory Affairs at the address and telephone noted below. A copy of this permit with plans shall be available at work is iii progress. snpp]ementary conditions and approved the project site whenever authorized The permit sign enclosed with the permit or a copy of letter of approval shall be protected from the weather and posted in a con- spicuous location at the work site until completion of autllorized work. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of 'completion of the permitted work, the bottom portion of that form shall also be com- pleted and returned. E. For projects involving activities to be accomplished over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to the commencement of resumption of work each year. F. If project design modifications take place after permit issuance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modi- fications. The permittee is advised that substantial modification ,lay require submission of a new application for permit. G. All necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids', sediment, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. H. Any failure to comply precisely wilt all of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. I. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 102'18, (Attention: Regulalory Functions Branch), prior to commencement of work authorized herein. J. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land UtiJization, Office of General Services, Tower Building, }Empire Sta{:e Plaza, Albany, NY 12242, which may be required for any encroachment upon State-owned lands underwater. Regional Permit Ad,Ii,is]fa]or NYS Dept. of Environmental Conservation Bldg. 40, SU'~Y-Room 219 Stony Brook, NY ]1790-2356 (s 6) V l--;9oo CHARLES T. HAMILTON Chief, Marine Regulatory Section N¥SDEC, Bureau of Marine Habitat Bldg. 40, SUNY, Room 228 Sto~y Brook, NY 11790-2356 Protectior~ Re: Permit No. Issued To: Contractor's Contractor's Name: Address: Contractor's Phone No. Dear Sir: Pursuant to General Condition Number 1 of the above referenced permit you are hereby notified that the authorized activity shall commence on This notice is to be sent at least two days in advance of commencement of the project. The permit sign will be posted at the site and copy of permit will be available at site for inspection. Submitted By: Date: FAILURE TO NOTIFY OR POST SIGN WII,L LEAVE OWNER AND/OR CONTRACTOR SUBJECT TO APPLICABLE PENALT.[ES FOR NON-COMPLIANCE WIT[I PERMIT CONDITION. CHARLES T. HAMILTON Chief, Marine Regulatory Section NYSDEC, Bureau of Marine Habitat Bldg. 40, SUNY, Room 228 Stony Brook, NY 11790-2356 Protect ion Re: Permit No. Issued To: Contractor Contractor s Name: s Address: Contractor Dear Sir: s Phone No. Pursuant to General Condition Number ] of the above referenced permit you are hereby notified that the authorized activity was completed on Submitted By: ....................... Date: THIS N ' ~ O~ ICL, WIT[I P[;OTOS OF COMPLETED WO[{K AND/OR COMPLETED SURVEY, TO BE SENT TO ABOVE ADDRESS PROMPTI,Y UPON COMPLETION OF PROJECT. FAILUNE TO NO'I'IF~ WILL LEAVE OWNER AND/ON CONTRACTOR SUBJECT TO APPLICABLE PENALTIES FOR NON--COMPI,IANCE WITH PERMIT CONDITIONS. IS ref: BM[IP 95 20 1 (8t87) 9d New York State Department of Environmental Conservation NOTIC The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DFC. Permit Number Expiration Date Regional Permit Administrator / NOTE: This notice is NOT a permit TRUSTEES John M. Bredemeyer, IH, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 September 3, 1991 Samuels & Steelman 25235 Main Road Cutchogue, NY 11935 RE: Harry G. & Janet Hohn SCTM #1000-118-6-1 & 1.3 Dear Mr. Samuels: The Board of Trustees reviewed the application submitted for the above referenced p~operty. After an on site inspection, this project was determined not to be in the Trustees jurisdiction. All other approvals that may be applicable should be secured prior to the commencement of the project. Very truly yours, John M. Bredemeyerz III President, Board of Trustees JMB:jt cc: Building Dept. ~ 42' O0'E POND 2.5 R 1.672 ACRES AREA OF ,,1.249 ACRES / / 25' ..... ~r~' L 41.32 KEY HAP SCALE: 1" = 600' SITE DATA: TOTAL AREA' NUMBER OF LOTS: AVERAGE LOT SIZE: WETLAND AREA: POND AREA: FIRE DISTRICT: POSTAL DISTRICT: SCHOOL DISTRICT: ZONING DISTRICT: 7,368 ¢ ACRES 4 1.842 ¢ ACRES 0.929 r,'ACRES 0,873 cACRES CUTCHOGUE CUTCHQGUE MATTITUCK - CUTCHOGU~ R-40 APPLICANT: HARRY G HOHN 200 EAST 66TH STREET NEWYORK, NEWYORK 10021 PREPARED, JANUARY ES, l.ggo f'ROff SURVEY IFORK COMPLETED; JANUARY .ES, IggO JOHN J. RAYNOR, P.E. & L.S., P.C. CIVZL ENO I NEERa NO TE$ : 4J LOT NUMBERS SHOWN HEREON REFER TO SUBDIVISION MAPS OF "PROPOSED SUBDIVISION SECTION B, NASSAU POINT CLUB PROPERTIES. INC. " FILE NO./4B FILED OCTOBER I, I919 AND "AMENDED MAP A OF NASSAU POINT" FILE NO. IBS FILED AUGUST lB, ~922 IN THE SUFFOLK COUNTY CLERK'S OFFICE. APPROXIMATEEDOE OF RIGHT OF WAY SHO~N HEREON iS SCALED FROM SAID FILED SUBDIVISION MAPS. THIS PROPERTY IS SUBJECT TO AN EASEMENT AS STATED IN A DEED MADE BY NASSAU POINT CLUB PROPERTIES, INO. TO ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL OEODETIC VERTICAL DATUM OF 1929, NOTES:i (1) ALL L~T AREAS AND DIMENSIONS ARE APPROXIMATE (2) UTILIrTLIES AVAILABLE ALONG NASSAU POINT ROAD AND ABORN LANE (3) WATER SUPPLYED BE FROM INDIVIDUAL WELLS. (4) INDI~,IDUAL SEPTIC SYSTEMS TO BE PROVIDED, SUBJECT TQ SUFFOLK COUF TY DEPARTMENT OF HEALTH SERVICES APPROVAL MINOR SUBDIVISION SKETCH PLAN PREPARED FOR HARRY SITUATE JANET HOHN NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SCALE: 1" : 50' TAX HAP NO.: 1000-118,00-05.00-001.000 & 003.OO1 mPLOT~ TOPOGRAPHIC MAP - 9[D.14]PF~ 144501 531 E~-dan~90 1E,53 PM / 1445-1 BUFFO~K COUNTY DEPAR~'HEHT OF HEAt TH BERVIBEB HARRY G. & JANET HaHN TOWN OF SOUTHOLD DARK SANDY TOPSOIL 12' TEST HOLE DATA BO' £mln.I tank TYPICAL SEPTIC TANK TYPICAL ~/ELL INSTALLATION I( 122 T , HOUSE 11'-9" 'WELLI 5' MIN. m > TYPICAL LOT LAYOUT TYPICAL LEACHING POOL PAR[ OF LOT 9,3- LINE 0~ ~RANGE RIBBONS DELINEA?INS ~SE DF TIDAL WETLANDS PLACED BY A OF THIS OFFICE EASEMENT TO BAY FOR LOT 2 ION EASEMENT AREA EXISTING CLEARING -- ENVELOPE" ~ LINE · WELL BUILDING '~'ENV E LOPE" ABORN LANE S.F LOT I01 --.PROPOSED COMMON_o CHRISTOPHER HURLEY 1&2 I 06,584 S.F. °""" BUILDING "ENVELOPE" :)N DRIVEWAY FOR LOTS I & 2 TO CONTINUE ,INT ROAD THROUGH THIS AREA (ACTUAL DRIVEWAY TO MEANDER TO AVOID LARGE PROPOSED CO~ TO NASSAU COURSE OF TREES) A o.~' :: NOTES: - DISTURBANCE AREA (20' WIDE) NON - DISTURBANCE AREA (20' WIDE) MAP SCALE: 1" = 600' 1. THE BUILDING "ENVELOPES" SHOWN HEREON INCLUDE ALL PORTIONS OF THE EXISTING BUILDINGS & STRUCTURES. 2. LOTS I & 2 SHALL HAVE ACCESS TO NASSAU POINT ROAD BY MEANS OF A MAXIMUM 16 FOOT WIDE DRIVEWAY WHICH SHALL MEANDER TO AVOID LARGE TREES. PLAT PREPARED: JANUARY 3I, 1991 SUFFOLK COUNTY CLERK'S OFFICE FILING DATE SUFFOLK ~OUNTY CLERK'S OFFICE THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAT HAS BEEN APPROVED BY THE NO. DA TE REVISION DATE OF SIGNING: TOWN OF SOUTHOLD PLANNINO BOARD ~ ?-2,~-91 Rev, typ. lot layout a leeching pool data,Is THE SUBDIVIDER MAKES NO OFFER OF DEDICATION TO THE TOWN OF $OUTHOLD WITH RESPECT TO THE LANDS SHOWN ON THIS PLAT. ENGINEER & SURVEYOR THIS IS TO CERTIFY THAT ALL LOTB SHOWN ON THIS PLAT COMPLY WITH THE JOHN J. RAYNOB, P.E. ~ L.S., P.O. REQUIREMENTS OF THE SOUTHOLD TOWN ZONINS CODE. DEERFIELD &REEN I HEREBY CERTIFY THAT THIS MAP I/AS MADE BY ME FROM ACTUAL SURVEYS MONTAUK HIGHWAY COMPLETED JANUARY SS, I990 AND THAT ALL MONUMENTS SHOWN EXIST AND THaT WATER MILL, NEW YORK 11976 THEIR POSITIONS ARE CORRECFL Y SHOWN. O~/NERS HARRY 0. & JANET HOHN A DECLARATION OF COVENANTS & RESTRICTIONS. WHICH THIS SUBDIVISION: WILL APPEAR IN DIBTRICT I000 £00 EAST 55TH STREET AFFECTS LOTS IN THIS SUBDIVISION, HAS BEEN FILED IN THE ON SECTION SHEEF IlB. O0 IN BLOCK 05.00 OF THE NEW YORK, NEW YORK 1002I SUFFOLK COUNTY CLERK'S OFFICE AT LIBER OF SUFFOLK COUNTY 4X MAP. PARCEL NUMBERS ARE SHOWN CONVEYANCES, PAGE THUS: SUBDIVISION DA TA PLAT PREPARED BY ~'~. ,1~ nLh, ~ , E~ ZONINB DISTRICT: R-40 FINAL PLAT MINOR SUBDIVISION MAP OF HARRY G, AND JANET HOHN SITUATE ~),, NASSAU POINT TOWN OF SOUTHOLD ~~ SUFFOLK COUNTY, NEW YORK $CALE~ I" = lO0' I00 0 ID0 RO0 300 8UFFOtK BOUNTY DEPARTMENT OF' NEAt TN SERVICES 1991 HARRY G. & JANET HOHN OlkO L^N @Itoh~",~ SECTION TYPICAL SEPTIC TANK STREET LINE ~ 2 LEACHINg 5'~MIN. ~-5' MIN. g' MIN. go0 gAL. ~ -SEPTIC TANK, HOUSE -UELL! LOT LINE -- & RESTRICTIONS tIBERE~1 ~ [~-17 SUBJECT TO COVENANTS PAG DARK SANDY TOPSOIL SANDY 11.5' CLAY SAND & 12' TEST HOLE DATA 50' ground to 4E gal. Imln.] tank TYP I GAL WELL I NSTALLATI ON olaaa 2400 TYPICAL LOT LAYOUT TYPICAL LEACHING POOL TOP BLUFF ORANOE RIBBONS DELINEATING DF TIDAL WETLANDS PLACED BY A REPREOENTATIVE OF FHIS OFFICE ON JANUARY 23, 1990. PROPOSED EASEMENT TO BAY FOR LOT 2 -CONSERVATION EASEMENT AREA / EXISTING .W£LL "ENVELOPE" N 54" 42' 00" E ?30.00 ABORN LANE ENVELOPE" ~ ~ c 54 · 429 630.60 .PROPOSED COMMON DRIVEWAY FOR LOTS~¢ o.e~' u. N 54=42'00=E 106·5B4 S.F. ..7,.a. CONSERVATION EASEMENT AREA TEST WELL ~2 LEXIS /~ /~ DRIVEWAY BUILDING "ENVELOPE LIL PROPOSED COMMON DRIVEWAY FOR LOTS 1 & 2 TO CONTINUE TO NASSAU P~INT ROAD THROUGH THiS AREA (ACTUAL COURSE OF SA~D DRIVEWAY TO MEANDER TO AVOID LARGE TREES) /,: /53 NON - DISTURBANCE AREA (20' WIDE) THIS IS TO CERTIFY THAT THIS SUBDIVISION PLAT HAS BEEN APPROVED BY THE SOUTHOLD TOWN PLANNING BOARD BY RESOLUTION DATED. DATE OF SIGNIND: TOWN OF BDUTHOLD PLANNING BOARD PLAT PREPARED BY JOHN J. RAYNOR, P.E. & L.S., P.D. JOHN J. RA/NOR, LAND SURVEYOR NO. 49318 WATER MILL, NEW YQRK PLAT PREPARED: JANUARY 31, DA TE REVISION 7-17-91 Added 7-2,t-91 Rev. typ lot layout & leaching pool details 8-30-91 Building Envelopes ENQINEER & SURVEYOR JOHN J. RAYNOR, P.E, ~ L.S., P.O. DEERFIELD OREEN HONTAUK HIGHWAY OYNER$ SUBDI VISION DA [A TOTAL AREA: NUMBER OF LOTS: SUM OF LOT AREAS: AVERAGE LOT SIZE: FIRE DISFRIDT: POSTAL DIS?PICT: SCHOOL DISFRICT: ZONING DISTRICT: 7. 358 AORES CUTCHOGUE OUTOMOGUE MA TTI TUCK - OUTCMOGUE R-40 SUFFOLK COUNTY CLERK'S OFFICE FILING DATE A DECLARATION OF COVENANTS & RESTRICTIONS, WHICH AFFECTS LOTS IN THIS SUBDIVISION, HAS BEEN FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE AT LIBER OF CONVEYANCES, PAGE THE WATER SUPPLY AND SEWAGE DISPOGAL SYSTEMS FOR ALL LOTS IN THIO DEVELOPMENT COMPLY WITH THE STANDARDS AND REQUIREMENFS OF THE SUFFOLK COUNTY DEPARTNENT OF HEAL FH SERVIOE$. SUFFOLK,COUNTY CLERK'S OFFICE REAL PROPE/'TY TAX SERVIOE AOENCY · DISTURBANCE AREA (20' WIDE) MAP SCALE: I" = 600' NOTE~: 1. THE BUILDING "ENVELOPES" SHOWN HEREON INCLUDE ALL PORTIONS OF THE EXISTING BUILDINGS & STRUCTURES. 2. LOTS I & 2 SHALL HAVE ACCESS TO NASSAU POINT ROAD BY MEANS OF A MAXIMUM 16 FOOT WIDE DRIVEWAY WHICH SHALL MEANDER TO AVOID LARGE TREES. FINAL PLAT MINOR SUBDIVISION MAP OF HARRY G, AND JANET HOHN S I TUATE NASSAU POINT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK SEP I 0 1991 SCALE: I" = I00' I00 0 100 200 7,00 · PLOT' FINAL PLAT - 1410,141PF= 144502 502 31-Jan-91 10=57 AM / 1445-1