The URL can be used to link to this page

Home My WebLink About1000-10.-7-2.1 0 4/ /// / / I ii \ j J/ I / / / / / / / / / / / / / / / / / / / / / ×' / / / / / / / / / / //,/ // / / 1000 GALLON APPROVED BY P~,ANNING BOAED TOWN OF SOUTHOLD )ITE ~ PLANNING BOARD MEMBERS Bennett Orlowskf, 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 July 17, 1990 SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Thomas Doherty P.O. Box 102 Fishers Island, New York 06390 RE: Minor Subdivision for Margaret J. Gada SCTM9 1000-10-7-2.1 Dear Mr. Doherty: The following took place at a meeting of the Southold Town Planning Board on Monday, July 16, 1990. The final public hearing, which was held at 7:30 p.m., was closed. The following resolution was adopted: WHEREAS, Margaret J. Gada is the owner of the property known and designated as SCTM# 1000-10-7-2.1, located at Fishers Island in Southold; and WHEREAS, this minor subdivision, to be known as Margaret J. Gada Subdivision, is for 3 lots on 4.25 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 February 13, 1990; and WHEREAS, a final public hearing was subdivision application at the Town Hall, July 16, 1990; and closed on said Southold, New York on Page 2 Margaret J. Gada WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated February 28, 1990. Enclosed please find a copy of the map which was endorsed by the Chairman. If you have any questions please do not hesitate to contact this office. Very truly yours, Chairman Encl. cc: Charles Watts, Assessors Office Victor Lessard, Principal Building Inspector DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of June, GADA, residing at (no #) Equestrian Avenue, New York, hereinafter called the Owner. WHEREAS, the Owner has title to certain 1990, by MARGARET J. Fishers Island, lands situate, lying and being at Fishers Suffolk and State of particularly described in Schedule WHEREAS, the Planning Board of February 13, 1990 grant sketch map Island, in the Town of Southold, County of New York, said lands hereinafter being more A attached hereto; and the Town of Southold did on approval on the parcel of land to to that necessary for sitinq and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. ~ ~ described in Schedule A into a minor subdivision of three lots be known as "Minor Subdivision Plan Made For Marqaret J. Gada, Hedge Street, Fishers Island, New York". WHEREAS, the Planning Board of the Town of Southold resolved on May 14, 1990, there should be placed on the subdivision the following Covenants and Restrictions. NOW, THEREFORE, the premises described in Schedule A shall be subject to the following Covenants and Restrictions: 1. No lot line on any lot shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 2. The clearing and grading within each lot shall be limited 3. Each lot shall not be further subdivided. 4. Article 12 of the Suffolk County Department of ~ealth Services Code shall be complied with. 5. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the shoreline of West Harbor. 6. Within 50 feet of the top edge of the bluff along West Harbor there shall not be any grading except that may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenaDce and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town of Southold Planning Board to insure proper maintenance and preservation of the natural buffer. 7. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining body of water. 8. Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into^and the tidal wetlands bordering We~T~-~r-~r. 9. 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, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to -2- such modification shall not be required. DECLARANT does hereby further warrant, covenant and represent that the foregoing restrictions and agreements shall bind the undersigned, her heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises or any part thereof by transfer or otherwise. IN WITNESS WHEREOF, the Declarant has caused her hand and seal to be.affixed this day of June, 1990. ~ar~ga~ ~ t J. Gada STATE OF NEW YORK: COUNTY OF SUFFOLK: SS. On the day of June, 1990, before me personally came MARGARET J. GADA to me known to be the individual described in who executed the foregoing instrument, and acknowledged that executed the same. Not~rY public State of NeW YO~ No. l~m E~plreS and she -3- 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART It-PROJECT INFORMATION (To be completed by ' .~~ Applicant or Project sponsor) -- I ~ CT NAME 3. PROJECT LOCATI?~ 4 PRECISE LOCATION (St e I ess and road mtersectmns, prominent landmarks, etc., or provide map) 5. IS PROPOSED ACTION; E~ Expansion Codification/alt e rat Ion 6, DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: E. WILL PROPOSED ACTION COMPLy WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTR CTIONS'~ [] NO If NO. describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~esidenlial [] tnduslri&l [] Commercial [~:.~uJture [] PEr~ForesllOpe. Space ~ Other 10. DOES ACTION ~NVOLVE A PERM~APPROVAL, OR FUND NG NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERA~ ;STATE OR LOCAL)? ' ~Yes ~ NO If yes, list agency(s) and permit/approvals -11. "~0ES ANY ASPECT OF THE ACT!CN HAVE A CURRENTLY VALID PERMIT OR APPROVAL? RYes [] No l! ye[;, list agency name and permit;approval 12. A:S A RESULT OF PROPOSED ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE II the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment SE( OVER 1 Southold, N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FORMS TO THE PLANNING BOARD Please complete, sign and return to the Office of the Planning Board with your completed applications forms. If your answer to any of the following questions is 5!~, please indicate these on your guaranteed survey or submit other appropriate evidence. 1. Are there any wetland grasses on this parcel? Yes (Attached is a list of the wetland grasses defined by the Town Code, Chapter !97, for your reference) 2. Are there any other premises under your ownership abutting this parcelv · Yes 3. Are there any building permits pending on this parcel? YQs 4. Are there any other applications pending concerning this property before any other department or agency?(Town , State, County, etc.) 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes 6. Was this property the subject of any prior application to the Planning Board? Yes 7. Does this property have a valid certificatd of occupancy, if yes please submit a copy of same Yes Yes ~ignature o~ i}re~ert-, Owner ~/a ~ ~ /{ .)ou%hold Tos,/n P Southo]d~ New z%[k Gada Mino~ suDaivi~ion !000-~0- -~..I · h_ roi !owlnq sta. tem[:nts ~£e o~eFed ~:,oc you~ -_..r,,. ,a_. ~,~ ....', In the reviews, o:~ the above merit mad(:, n the gcc. des o¢ t:he e.,J..,tlng' <* ~[hornas ¢ Doherry ;Ir .~/ Southoic~ P lani'~ing Boar~ ]?0 Whom !t Me}' Concecn; I hereDp' authorize, Thomas F. Dohert7 Jr,, to ~c~ ~,s my agent in the minor suDOi,,,ision of rn~ psope?~7 ]ocatea on ~_ end of Hedge St , on Fishers ls~nd. !'ne t,u~o]~ Eii6-T'88-V~?l. any time (tu:-ing the is I000-10-7-2, i. any probiems or' qL~st ions ~ega~dl .r-e~ched on f' she~-~: islano ~t GaT. rnan~ fo,~ for APPLICATION FOR APPROVAL OF PLA, T To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the mvner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state bis interest in said land under application.) 2. The name of the subdivision is tr~ be ~ rtt~. ~_ i~/.$.t,O~.I .. 3. The entire land under application is described in Schedule "A" hereto annexed. suggested.) (Copy of deed The land is~eld by the applicant under deeds recorded in Snffolk Cotmty Clerk's office as follo,vs: L_~e~, 012 .tJeed lgTt~.fta~lx Liber P'age Liber Page Liber ........................ Page ...................... On Liber ........................ Page Liber ....................... Page as devised under the Last %~ill and Testament of or as distribntee . 5. The area of the land is ~, 2-- .................. acres. 6. Ail taxes whicb are Hens on the land at the date hereof have been paid ~ ............ The land is encumbered by mortgage (s) as follows: ................................................. (a) Mortgage recorded in I.iber .............. Page ................. inorig-lna amonnt nf$ .............. nnI)aid amonnt $ ......... . ......... held by ...................... .............. address (b) Mort~sa~'e recorded in Liber Pa ~e ......... ~' ....................... in orlgina amonnt of unpaid amount $. .............. ' .................... held by ...................... .............. address (c) Mortgage recorded in Libel- . ............. Page ................ in original amonnt of ........... unpaid amount $.. ...................... address . 8. There are no other encumbrances or liens against the land except .... ~ ............ 9. The land lies in the folloxving zoning use districts .. 10. No part of the land Iies under water whether tide water, stream, pond water or otherxvise, ex- 11. The applicant shall at his expense install all required pubI{c improvements. 12. The land (does~~ina Water District or Water Supply District. Name of Dis- trict, if w/thin a District, is an~ ~charge will he made for installing said mains. 14. Electric lines and standards will be installed hy :..~.q~...~/~[... . ..... · ............... lines. ' ................ and (a) ~ charge will be made for iustalling smd 15. Gas mains will he installed by ...~/~ ....... and (a) (no) Cmrge x~ 1 he made for installing said ma/ns. 16. If streets shownon thc plat areclaimcd hy the applicant to he ex{sting public streets in the Suffoll< County IIighway system, an,mx Schednlc "B" hereto, to show same. 17. If streets shown on thc plat are claimed by the applicant to he cxistin~ pnbl{c streets in the Town of Sonthold I Ii~hwt.}, system, annex Schedule"C" ' ' hereto to S[lOW sanle. ]8. Tl~crc are no existink~ b,ih n~s (n' structures on thc land which are not located and shown on the plat. 19. XVherc thc plat shoxxs p:'oposcd str,.'cts which are exteusions (,r streets on adjt~i,:ing snb- Cxisti~g maps at thc/:' conjunctions whh thc prr~p,,scd streets. 20. In the c~mrse of these proceedings, thc ai,l>lic:mt will oh'er l>ro~f of tith: as required by gcc. .335 ~f the RcM l>r~perty Law. 2I. Submit a copy ~>f proposed deed for lots shov,.i:~M~ all restrict~ lis covenants, crc. .'[llnex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $ .......... as itemized in Schedule "E" hereto anuexed and reqnests that tbe maturity of the Performance Bond be fixed at .............. years. The Performance Bond will be written by /~e~ed surety company unless otherxvise shown on Schedule "F". ~ ......... . (Address) STATE OF NEW YORK. COUNTY OF ..... S.¢.f. fol .k ................. ss On the 13th day of. November ............................................... 19.. ~.9.., before rne personally came Thomas F. Doherty. Jr. ........................................... to me known to be the individual described in and wbo execnted tbe foregoing instrument, aud acknowledge~ that ...... ~.,. executed tbesame. , , : ......... ...... ;:~ 52-8~7~0 - SUF~ STATE OF NEXV YORK, COUXTY OF On the ................ day ............ of .............. , 19 ...... , before me personally came ..................... to me known, who bein7 hy me duly sxvorn (tld de- pose and say that ........... resides at No. ............................. that .......................... is the .......... the c{~rpor:ttiuu described in and which executed thc. f~re~oilt~ ~nstru~ilcnt; thnt ............ hnows the sca~<~? said corporation; that thc seal affixed by order ~fthc Imard of directors of said corpi>r;}tion. ;t~:d :h:tt .......... >~g~ncd .............. name thereto I)y like order. Notary Pubhc Complete application received Application reviewed at work session IVlINC,R SUBDIVISION (NO ROAD) Applicant advised of necessary revisions Revised submission received Sketch plan approval -with conditions Lead Agency Coordination SEQRA determination Sent to Fire Commissioner Receipt of firewell location Notification to applicant to include on final Sent to County Planning Commission Review of SCFC report Draft Covenants and Restrictions received o/-/.~-'7° ~ ~-~ Draft Covenants and Restrictions reviewed Filed Ccvenants and Restrictions received Receipt of mylars and paper prints with Health approval Final Public IIearing Approval of subdivision -with conditions Endorsement of subdivision PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards 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 June 19, 1995 SECOND REQUEST Thomas Doherty P.O. Box 102 Fishers Island, NY 16390 Re: Minor subdivision for Margaret J. Gada SCTM# 1000-10-7-2.1 Dear Mr. Doherty The final maps for the above mentioned subdivision were endorsed on July 16, 1990. Real Property Law requires that all subdivision maps be filed in the Suffolk County Clerk's office or the approval becomes null and void. Although the Planning Board's letter did not direct you to file the maps, the mylar maps were to be filed in the office of the County Clerk within sixty (60) days of the date of endorsement. The Board's records do not show whether the maps were filed with the County Clerk. If, indeed, the maps were filed, please supply this office with a copy of the filed map. If the maps were not filed, they must be so. You will have to contact the Health Department for an updated stamp of approval, and upon receipt of such stamp, the maps will be re-endorsed by the Planning Board Chairman so that you can file them. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman 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 SCOWl' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 March 30, 1992 Thomas Doherty P.O. Box 102 Fishers Island, New York 16390 RE: Minor Subdivision for Margaret J. Gada SCTM9 1000-10-7-2.1 Dear Mr. Doherty: The final maps for the above mentioned subdivision were endorsed on July 16, 1990. Real Property Law requires that all subdivision maps be filed in the Suffolk County Clerk's Office or the approval becomes null and void. Although the Planning Board's letter did not direct you to file the maps, the mylar maps were to be filed in the office of the County Clerk within sixty (60) days of the date of endorsement. The Board's records do not show whether the maps were filed with the County Clerk. If, indeed, the maps were filed, please supply this office with a copy of the filed map. If the maps were not filed, they must be so. You will have to contact the Health Department for an updated stamp of approval, and upon receipt of such stamp, the maps will be re-endorsed by the Planning Board Chairman so that you can file them. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman ~.NNING BOARD MEMBERS '~ennett 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 SO--OLD TO~ PLYING BO~ SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 MINUTES JULY 16, 1990 Present were: Bennett Orlowski, Jr., Chairman Richard Ward Kenneth Edwards Mark McDonald Valerie Scopaz, Town Planner Melissa Spiro, Planner Holly Perrone Mr. Orlowski: Good evening, public hearings our first order of business. 7:30 p.m. Margaret J. Gada - This minor subdivision is for three lots on 4.25 acres located on Fishers Island. SCTM #1000-10-7-2.1 Everything is in order at this time for a final hearing. We have proof of publication in the local papers and I'll ask if there are objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Hearing none, is there anyone out there neither pro nor con. that may have information pertaining to this subdivision that would be of interest to the board? Hearing none, any questions from the board? Bbard: No questions. Mr. Orlowski: Being there are no further questions, I'll declare this hearing closed. Does the board have any pleasure at this time on this subdivision? Mr. McDonald: Mr. Chairman, I would like to make a motion. WHEREAS, Margaret J. Gada is the owner of the prDperty known and designated as SCTM # 1000-10-7-2.1, located at Fishers Island in Southold; and PLANNING BOARD 2 JULY 16, )0 WHEREAS, this minor subdivision, to be known as Margaret J. Gada Subdivision, is for three lots on 4.25 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 February 13, 1990; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on July 16, 1990; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated 2-28-90. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps) Mr. Orlowski: Next order of business at 7:35 p.m. Francis P. Melly - This lot line change is to add 1018 square feet to an 11,495 square foot parcel, located at Cutchogue. SCTM #1000-68-1-4.5. At this time everything is in order for a public 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? Hearing none, any questions from the board? Board: No questions. Mr. Orlowski: Being there are no questions, I will declare this hearing closed. Right.now, the Planning Board is waiting for five paper prints and two mylars which state that a declaration of covenants and restrictions have been filed. So we will wait for those. Mr. Orlowski: O.K., hearings held over from the previous meeting at The North Forty - This major subdivision is for thirteen lots on 30.3565 acres on the south side of Oregon Road; 621 feet west of Depot Lane in Cutchogue. TO CHANDLER, PALMER & KIN~I · * 110 Broadway NORWICH, CONNECTICUT 06360 (203) 889-3397 WE ARE SENDING YOU ~ Attached [] Under separate cover via the following items: [] Shop drawings [] Prints [] Plans [] Samples [] Specifications [] Copy of letter [] Change order ~' /'~/~[b.e"_T COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: [] For approval ~( For your use [] As requested [] For review and comment [] FOR BIDS DUE [] Approved as submitted [] Approved as noted [] Returned for corrections [] 19 REMARKS COPY TO [] Resubmit__copies for approval [] Submit copies for distribution [] Return corrected prints [] PRI.Ts RETURNED Ar'CP OAN TO If enclosures are not es noted, kindly notify u$~t~nce. ~ ' OUESTIONS~ CALL 800-238-,~35~ ~ FREE. i=-~ ~-~- Your ~hone Num~r (Ve~ immnafll) Plea~ Print RoAr-wAY 2Ng '- L RECIPIENT'S COPY Kass~,r " .~ (5! [. 7~5-1823 ? g Bo~:cd Office 5~095 Main Road So~ltho~d N .Y. DELIVERY AND SP~IAL HANDLING : State Zip CONST~ES~eL~ES~ (eSS Total Total t0t~l '~ J Other 2 FORMAT ~014 I ~ Regular S1~3 [30rOp BOx ~ea~ LEGALS -NOTICE Notice of Publ/~i l:/~ffin$ the of .~? ~~[~. on the ~ofl~ by ~Weg't 1/larbor (Gre~t '~arbor);~ o~.~ the fo~ of Sm~ on~e ~th ~ ~ ~w or ~d ~ ~or f~ly of formgrly of Albert D. the ~ ~ ~ H~r. ~or ~P,~~ Peco~c at the Town of ~d, ~y of Suffo~, ~d ~ of ~ ~rk. Surfak County ~ Map Number the north the ~t ~ ~ ~ or folly of ~; on t~ south ~ ~d of~ ~t~~ a p~ ~y~~ to ~ pl~ ~ ~. Da~: J~ ~ O~ OF THE SOU~O~ ~WN P~NG ~t Or~ki, CHAIRMAN IX-7/12/~ COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long island TraveJer-Watchman once each week for ........................... / weeks successively, commencing on the ........... .//.~..7 ...... Sworn to before me this .......... /.~'., .~7. ..... clay of ........ ........ Notary Public BARBARA A. SCHNE~OER NOTARY PUBLIC, State o! NeW York No. 4806846 RICHARD F. [.ARK June 18, 1990 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Bennett Orlowski, Jr., Chairman RE: Minor Subdivision for Margaret J. Gada SCTM #1000-10-7-2.1 Dear Mr. Orlowski: Pursuant to the resolution of the Southold Town Planning Board on May 14, 1990, I am enclosing a copy of the Declaration of Covenants and Restrictions for review by the Board and the Town Attorney. RFL/bd Enclosure cc. Thomas Doherty Very truly yours, PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritehie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 15, 1990 SCO'I~F L. HARRIS Supervisor T~wn Hall, 5309:5 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516) 765-1823 Thomas Doherty P.O. Box 102 Fishers Island, NY 06390 :ii i JUL I 6 RE: Minor Subdivision Margaret J. Ga~a SCTM# 1000-10-7-2.1 Dear Mr. Doherty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, May 14, 1990. RESOLVED to adopt the May 3, 1990, Suffolk County Planning Commission report with the following amendments (numbers correspond to numbers in report): 1,2,3 & 4. Are to remain as written. 5 & 6. Are to be omitted. 7,8,9,10 & 11. Are to remain as written. 12. Is to be revised 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. 13. Is to remain as written with the addition that the Liber and Page number of the filed document be included on the final map. Page 2 Margaret J. Gada The Planning Board has adopted Number four (4) from the Commission's comments with the following amendments: It is to be revised to read: The area that this subdivision is located in is considered to be archaeologically sensitive according to the State of New York Office of Historic Preservation. A preliminary survey should be made to assess this parcel for archaeological sensitivity. l, 2, 3, 4, 8, 9, 10, 11 and 12 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. Numbers 7 & 13 must be shown on the final map. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. '~" Chairman enc. cc: Suffolk County Planning Commission OUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIV£ DEPARTMENT OF PLANNING ARTHUR H. KUNZ May 3, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Hain Road Southold, New York 11971 Re: Minor Subdivision - Hargaret J. Oada Westerly terminus of Hedge Street, Fisher's Island, New York T.P.I.N. 1000-010-07-2.1 Dear Mr. OrloWski: The Suffolk County Planning Commission at its regular meeting on Hay 2, 1990, reviewed the proposed subdivision plat, entitled, '~Minor Subdivision -Margaret J. Gada" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Cbde. After due study and deliberation it resolved to approve said map subject to the following thirteen conditions that are deemed necessary to help preserve the natural and aesthetic attributes of the shoreline of West Harbor, and necessary for good planning and land use. / 1. / 2. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. Clearing and grading within each lot Shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize stormwater runoff and erosion. Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lots 1 and 2, each lot shall be made subject to a covenant that will prohibit future subdivision. 4. Article 12 of the Suffolk County Department of Health Services Code '~ shall be complied with. The private road, un-named, that serves as access, for this property shall be brought up to Town specifications and standards. Page -2- The o~uer of this property shall make an offer to dedicate to the Town of Southold for highway purposes his interest in the private road, un-named, that serves as access for the property. The private road shall be given a distinctive name to facilitate the location of properties served by emergency services. No new residential structure or sanitary disposal facility shall be constructed or otherwise located 'within 100 feet of the shoreline of West Harbor. Within 50 feet of the top edge of the bluff there shall not be any grading except that thac may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining body of water. ~/I1. Erosion and sediment control measures shall be required during and immediately after construction on each lo~ to insure that stormwater runoff will not carry eroded and other deleterious materials into and the tidal wetlands bordering West Harbor. 12. Conditions 1-4, inclusive, and 8-11, inclusive, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. 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 Town Board or 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. 13. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map for your use and consideration: It is suggested that before approval is granted to this subdivision that the subdivider be required to submit this pr0p'°'sai 'to the Suffolk County Department of Health Services for review to insure that the proposed subdivision will meet the requirements and standards of that agency. .: . ,~ Page -3- de Considerable care must be taken in the manner of storage and disposal of not only commercial and industrial wastes, but also the disposal of stormwater runoff from impervious areas on the site which can carry deleterious substances that can, if reaching West Harbor via the groundwater, have an adverse impact on West Harbor. It has been noted that all the structures on the tract are not indicated on the map. Our aerials show an extensive dock. It would be helpful in our review if the proposed subdivision map would be complete in the information that it contains. The area that this subdivision is located in is considered to be archaeologically sensitive according to the State of New York Office of Historic Preservation. Has any attempt been made to access this parcel for archaeological sensitivity and if found to be archaeologically sensitive, has any attempt been made to either preserve the site within an open space area or restrict clearing, grading, and construction for a reasonable period of time to allow an archaeologist to explore, excavate and salvage items of historical worth? The map of this minor subdivision should be filed in the office of the County Clerk. This is to insure the validity of the subdivision map and that the subdivision map will be available to the general public in a central office of official records. According to the map it appears that an adjoining parcel is also owned by the subdivider. It is felt that this adjoining parcel should have been included as part of this subdivision to insure better subdivision design, coordination of subdivision activity in the area and preservation, where possible, of open space. File: S-SD-90-11 CGL:mb Encl.: Map Very truly yours, Arthur~ H. Kunz Director of Planning Charles G. Lind, Chief Planner Subdivision Review Division cc: R. Villa, P.E., SCDHS 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 June 26, 1990 SCO'I'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Thomas Doherty P.O. Box 102 Fishers Island, New York 06390 RE: Minor Subdivision for Margaret J. Gada SCTM91000-10-7-2.1 Dear Mr. Doherty: The following took place at a meeting of the Southold Town Planning Board on Monday, June 25, 1990. RESOLVED that the Southold Town Planning Board set Monday, July 16, 1990 at 7:30 p.m. for a final public hearing on the maps dated June 4, 1990. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr/~ Chairman PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chaim~an George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: DATE: RE: Matthew Kiernan, Assistant Town Attorney Robert Kassner, Planning Staff ~ June 19, 1990 Minor subdivision for Margaret J. Gada $CTM91000-10-7-2.1 Please review the attached Declaration of Covenants and Restrictions for legal sufficiency. Encl. RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD- P. O, BOX 973 June 18, 1990 Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 ATT: Bennett Orlowski, Jr., Chairman RE: Minor Subdivision for Margaret J. Gada SCTM #1000-10-7-2.1 Dear Mr. Orlowski: Pursuant to the resolution of the $outhold Town Planning Board on May 14, 1990, I am enclosing a copy of the Declaration of Covenants and Restrictions for review by the Board and the Town Attorney. RFL/bd Enclosure Very truly yours, cc. Thomas Doherty PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 15, 1990 ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Thomas Doherty P.O. Box 102 Fishers Island, NY 06390 RE: Minor Subdivision Margaret J. Gada SCTM$ 1000-10-7-2.1 Dear Mr. Doherty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, May 14, 1990. RESOLVED to adopt the May 3, 1990, Suffolk County Planning Commission report with the following amendments (numbers correspond to numbers in report): 1,2,3 & 4. Are to remain as written. 5 & 6. Are to be omitted. 7,8,9,10 & 11. Are to remain as written. 12. Is to be revised 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. 13. Is to remain as written with the addition that the Liber and Page number of the filed document be included on the final map. () Page 2 Margaret J. Gada The Planning Board has adopted Number four (4) from the Commission's comments with the following amendments: It is to be revised to read: The area that this subdivision is located in is considered to be archaeologically sensitive according to the State of New York Office of Historic Preservation. A preliminary survey should be made to assess this parcel for archaeological sensitivity. 1, 2, 3, 4, 8, 9, 10, 11 and 12 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. Numbers 7 & 13 must be shown on the final map. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ' ' Chairman enc. cc: Suffolk County Planning Commission DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G* HALPIN SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ May 3, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision - Margaret J. Dada Westerly terminus of Hedge Street, Fisher's Island, New York T.P.I.N. 1000-010-07-2.1 Dear Mr. OrloWski: The Suffolk County Planning Commission at its regular meeting on May 2, 1990, reviewed the proposed subdivision plat, entitled, "Minor Subdivision - Margaret J. Cede" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Cbde. After due study and deliberation it resolved to approve said map subject to the following thirteen conditions that are deemed necessary to help preserve the natural and aesthetic attributes of the shoreline of West Harbor, and necessary for good planning and land use. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. Clearing and grading within each lot Shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. Limiting clearing and grading will minimize stormwater runoff and erosion. Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lots 1 and 2, each lot shall be made subject to a covenant that will prohibit future subdivision. Article 12 of the Suffolk County Department of Health Services Code shall be complied with. The private road, un-named, that serves as access.for this property shall be brought up to Town specifications and standards. Page -2- " 6. The o~raer of this property shall make an offer to dedicate to the Town of Southold for highway purposes his interest in the private road, un-named, that serves as access for the property. The private road shall be given a distinctive name to facilitate the location of properties served by emergency services. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the shoreline of West Harbor. e Within 50 feet of the top edge of the bluff there shall not be any grading except that that may be necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. 10. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining body of water. 11. Erosion and sediment control measures shall be required during and immediately after construction on each lo~ to insure that stormwater runoff will not carry eroded and other deleterious materials into and the tidal wetlands bordering West Harbor. 12. Conditions 1-4, inclusive, and 8-11, inclusive, shall ba filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. 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 Town Board or 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. 13. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map for your use and consideration: It is suggested that before approval is granted to this subdivision that the subdivider be required to submit this pro~0sai'to the Suffolk County Department of Health Services for review to insure that the proposed subdivision will meet the requirements and standards of that agency. ~ ,~ Page -3- 2. Considerable care must be taken in the manner of storage and disposal of not only commercial and industrial wastes, but also the disposal of stormwater runoff from impervious areas on the site which can carry deleterious substances that can, if reaching West Harbor via the groundwater, have an adverse impact on West Harbor. e It has been noted that all the structures on the tract are not indicated on the map. Our aerials show an extensive dock. It would be helpful in our review if the proposed subdivision map would be complete in the information that it contains. The area that this subdivision is located in is considered to be archaeologically sensitive according to the State of New York Office of Historic Preservation. Has any attempt been made to access this parcel for archaeological sensitivity and if found to be archaeologically sensitive, has any attempt been made to either preserve the site within an open space area or restric't clearing, grading, and construction for a reasonable period of time to allow an archaeologist to explore, excavate and salvage items of historical worth? The map of this minor subdivision should be filed in the office of the County Clerk. This is to insure the validity of the subdivision map and that the subdivision map will be available to the general public in a central office of official records. According to the map it appears that an adjoining parcel is also owned by the subdivider. It is felt that this adjoining parcel should have been included as part of this subdivision to insure better subdivision design, coordination of subdivision activity in the area and preservation, where possible, of open space. File: S-SD-90-11 CGL:mb Encl.: Map Very truly yours, Arthur. H. Kunz Director of Planning Charles G, L±nd, Chief Planner Subdivision Review Division cc: R. Villa, P.E., SCDHS ADDENDUM IV DOHERTY PROPERTY END OF HEDGE STREET BORDERING "GREAT HARBOR" SULR 2925/153 - 2/15/1949 - Henry L. Maxwell of Greenwich, CT. to A. John and Margaret J. Gada of Fishers Island, N.Y. - land with buildings and improvements - bounded by Hedge, Great Eastern Harbor, and a driveway with rights to said driveway and to the land under the waters of Great Eastern Harbor contiguous with this property - severe commercial restrictions are included in this deed - refer to SULR 983/255. SULR 1286/27 - 8/1/1927 - Anna L. Wilbur of Fishers Island, N.Y. to Henry L. Maxwell of Princeton, N.J. - same description as above - refer to Map #242 filed in Suffolk County Clerk's office 1//1915, being property formerly owned by Mrs. Martha Hoffert. SULR 983/255 - 8/5/1919 - Southold Savings Bank of Southold, N.Y. to William G. Wilbur of Fishers Island, N.Y. - being land formerly owned by Mrs. Martha E. Hoffert - basically same description, but with slight adjustment in dimensions - severe commercial restrictions still apply. The following 3 deeds are from James Lyles, Trustee (of the Fox estate) to Martha Hoffert: SULR 270/96 - 6/7/1881 - 8/10th acre waterfront property - bounded by other land of Hoffert, the water, Montauk Ave.(on south), and Vulcan Ave. - it is 100' m/l to a stone wall from edge of water - the stone wall and a large high rock are indicated at the corner of Vulcan and Montauk. SULR 239/594 - 10/1/1877 - 2 acres land. SULR 239/591 - 8/13/1877 - 1 acre land. SULR 291 / 103 - 1/24/1885 - Frances and William Hedge of Fishers Island, N.Y. to Martha Hoffert of Hartford, CT. - 34 square rods of land north of Montauk Ave. and adjacent to Hoffert's other land. SULR 239/597 - 10/8/1878 - Frances and William Hedge to Martha Hoffert - 4 and 1/2 acres of land m/l exclusive of the beach - bounded by the water, other land of Hoffert, the BARWAY, and a stonewall al~uttinR on Great lmstern Harbor - NOTE: The Hedges got tl~elr property l~rom James Lyles, Trustee via SULR 260/408 - 1/30/1881; SULR 239/367 - 10/1/1878; etc. SULR 14/162 - 12/2/1863 - George and Jane Chester, and Mary Pratt, all of New York City to Robert R. Fox of Kings County, N.Y. - $55,000 - "all of Fishers Island and the several small islands adjacent called the Hommocks, except the North Hommock, upon which the light house stands, it being the same premises owned and possessed by William Winthrop of New London, CT. - with all tenements, rents, and the ADDENDUM IV-2 SULRH/99 - 2/8/1825;SULR H/96 - 6/4/1820; SULR H/93 - 4/23/1818 - Thomas C., Francis B., and John S. Winthrop and their wives to William Winthrop - $32,000 - All of Fishers Island and several small islands called Homocks, where Francis Bayard Winthrop died, and which was deeded to his four sons. Prior to this effective land ownership goes bacl~ to the original grant of Fishers Island to John Winthrop, Jr. on 4/9/1641 from the Color, iai Government at Hartford, and 10/7/1640 from the General Court of Massachusetts. ~ish, vitriol,glue,ink'turPentine,:leatheV,or .sugar.facto~yf'or any. other dan- ,us,noxious or offensive'establishment or busines~ whatever, Third' 'That the I party of.tho"second part..will;2ot sdll or..'allow to be:sold on'the.s~ld bises any aleok~lic' spirituous'or lntoxt.eati~ liquors of any nature'oK kind .soever. ' ~"' TOGETHER with:the appurtenances and all the e~tate and !he party cf..the first paFt'in and to sa~d.premi~es.' TO HA~ A~ ~0 H0~D.. premises.herein g~anted['unto the.partY~ the second part,his ~eirs and vet subject.as a~oresaid. 'And %he:par~ of the first part covena~a as .owe FIRST That the party of %he frst psrt is seized~f the.sai~ pram- in fee s~le and has ~ood right to convey the s~e. SE~9~ ~at the part.. .he second part shall-quietly en~o~ the said ~remises THI~"That the. s~id !lses ~re free from inC~branccs:occept ~s aforesaid,. FOURTH That the part~ ~he first part Will exegute or procure a~ ~rther necessary as~ura2ce of 'title to said premises FISH That the party of the first part will forever 'ant.the title to the'Said pemise9 subject'es aforesaid~ IN WI~5 ~N~OF part,'of t~ first p~t has caused it~ corporate seal to be hereunto affixed these presents to be.si~ned by its dul~ authorized officer:.:the day and ~ear ,t above written. : ~ ."'~ (L.S.) SOUTHOLD SAVIN~.S BANK By, H.~'BOWARD HUNT~/IN~ Vice President State. of Ne~ York County of Suffolk ss On the eighth.da~ of .ember nineteen hundred and 'nineteen befor,e came H. Howard Huntting to me ~n,who being by me dUly sworn, did depose and say that he resides in .Southold ,he. Town of Southold, said'C0unty a~d state. that he is the Vice Presid~nt 'of Sout~l,d Savings Bank the corporation describgd in, and which execut~d'the'i. ~going ' ' " ' ' ~' instrument;fha? ,he ~keows the seal/of said corporation;that ~the'seal.~ ~xed to said [instrument is .~uch corporate seal; that it was so affixed~b¥ :r of the Board of Trustees 'of said corPoratien;and that he si~ned his' name' · ere by like order.::' .'~ . , '' Frederick.K. ~err¥ Notary public Suff C~. . ($6.00 U.S.I.R.S.CAN.) ' TM I 9 ~THIS iNDENTURE made the t.enty~flfth day 0f A~us; nineteen ~ndred and~ [BE~EN $OUTHOLD'SAVIN~ BA~ a corpora'rich organized under the laws of [New York whose prinqipal~Offlce ls.~t Southl~' in'the County of Suffolk York.party of the ~lrst part and WILLIAM 6. WILBUR of Fishers Island,Towi, County.of Suffolk and State of New York party of ~he second part ~ITNES.c party of the first part,in consideration of other good and valuable tonal Ten and 00/!00 dollars lawful mon,c~ of the United States paid by the part second part does hereby grant and release unto the party of the second pa ?and assigns for~ver ALL That certain piece or parce'l of land situate l~i~ Fishers Island,In the ?own of Southold, Count¥ of ~uff01k and ~tate of New as follows beginning at the intersection of the southeasterly line of a the Southerly line of gle?m~.ne Avenue and running' thence easterly line of said ~lenmalne Avenue one hundred ~hree ~10~) feet to ~reat Easte thence.following the.waters of f~reat.Eastern Harbor to land conveyed to C Mrs Yarttm E~' Hoffert; thence ~llowing, the line Of the premises last ahoy 4~§.15 feet to' the- driveway above refecred:to and .thence .along said drive, forty four (444) feet more or less to the point,and place of beginning. all the right,title and interest 'of the party of the first part o~, in an, driveway and' in a~d to the lands and lands under the water o~ ~reat Easts contiguous 'to the promises above described. "Said premises, are known and a certain map entitled "Plg~ of 'P~o~eYt~ o~~ Fl~he~rS Island N.Y. Formerty Martha E. ~ffert now belonging to th~' ' Southold Savlligs Bank,July 1914 an, Suffolk county Cl~rk's Office January 2nd 1915 as:map no 242~ as and subject to 'the foliowl~ against nuisances viz., ~i~st That th%~ said party of,~he"se~ond part ~hal~ maintain all such fences, as shall be desired ~or[~equir~d for t~ proD~r u~: pre~lses~,nereoy,.,conveye~ at o~' cost' and e~pens~,~=~/~cbn~ That the. mai day ,d ir .b~-tlliry I.i;.×WY LL, ,;OUnty, St:ate l,arr ~ o;' tl,c £r,[ l,arl, aaa A, ~t'IRI,~ GADA aria ~b%ROARET j, OADA, his wi~e, rc..idlm~." ' ' un ~I~H~,'~ iala~d (.o s~r. ee~ number)~ Town Of ZoUtbold~ Su~f,dk C~unts~ ~/I't'N~-~[~H~ ti,at the Dotty o~ lite at.4 i,,.,';, ;;~ ~>,,t.I~...;;:i.,, ,.;' one HUnd~.ed (,~lO0,OO) - -; ............. ,. _; their hcli'~ a:,,l a--iw~ f,,,*,.v,,r, ~' ~ ~ha~ lo~ O~ paruel of lan~, with tile bu]l:lin~m al~d improvements ~9~ M~Ua2,~ lying and be~g on Fishers ISla~d,[iH the To~ln ~OI~tNO a~ ~he intersection of ~he easterly ltr,::: oi a dr?eway and ~h~. 80ath6~ly line Of Olenmatne Avenue and runhtn~ 2hence Easferly along ~a 8eu~havl~ line of said dlenmaine Avenue sb-ty feet mo~e Ut~ lea~ %0 Great Eastern Harbor; thelice Ioll?:in~ the .t;aters OF ~ea~ Ea~2e~n Mather to land conveyed to chas. W, ~edg~ by bn,s. ',~artha E,,,Hoffe~l ~henue following the line of ~he premises.las~ abo~e" ~d ~0 ~77,8 feet to the d~iveway above referr~ to a~d thence ¢~8H~ ~a~d 8~iPpWa~ Coap h~dred forty-seVeH feet m~'l.e or less~ to . Togethe~ with all the right, title ap~ interest o~ tlc nar'~5 of ~he ~i~ pa~ Of~ in and to said driveway and iH a~2 to th~ lands afl~ lafld~ ~deP ~he waters of Great Eastern Harbor c~ntJ, guaus to ~H~ D~mt~ above described. Said p~mt~e~ a~e known and designated on a c,2~taln nqp entitled "~1~ Of D~ODe~Y ~ Fishers Island, N. Y. formerly; owned by Mrs. ~%ha El ~offert~ ~ow belonging ~o The Southold ~,i'v~n~s Bank.) ~al~ 191~ a~d filed in SUffolk County Clerk~z oF~ice January Pnd, 191~,,aa ~p NO, 2~2" as and by the .lots niimbers G, ?,.. I, ,J and K, _Bald ~r~m{me~ are ~old subject to the followtnc z estl agaiH~ ~oi~a~es, viz. pip~{ .Tha~ ~he said parties of the second pamk shnll build and ~iHOai~ all ~ch fences as shall b~ desired or roqdired for the pPOp~P eH~lOS~Pe of ~he premises hereby c~nveyed ot own coat and 8~d~ ~ha~ ~He said parties of the secomt pa'r%~will not bpew~ry~ diktillery~ bakery, slaughter house nr .;o'~k, e:.trld.?l~ s~a~ch~ ~a~i~h, vltri~l, glue, ira:, tu~penttm~, l'>-;,')]he: :'m f'a~?~ b? amy obher dangerous~ noxious or off'enuive czt'.~bllsh~(et~t ' THird{ Th~ the Said parties of the oeec, nd r~a}.t:Wiii ho~ sell Op ~llOW tO be SOi~ O~ the said premises 'm; alan)DOlCe O~ t~bo~tea~lMg iiqGors oF any nathre or k~nd Whatsur:v~r. L ~elH~ ~Md iMPended tO be the Lame pr,':nlseq (~otfvoy'd bi' Sa~l.a. ~nk eo William o. WilbUr, by der:'] r{a~;t .t'i'k~2 ~, f2~,j ~')l'j arid PecOPd~d ill S~ffolk County Clmqr'rs of'f~co~ in l{t,(r, ',~3~ of a~ pa~9 255}, on S~ptember ll, 1919 '. 9 A, [% :~r.:l tlp,-at ,it ~etl~a,f,~ ~UrSe~ Of g~e zaid Dl"emises beillg 2boWil ;.tfM . ,.I l~ ,. . thc p~rl ~ oft~,, ~m: Ja't do - .... ALI. that oert, a$Ii 131 O~S ~ el'ly llne r~,ct or a'$1ow t.o tu bo nol.d on tho W ' ~ ~ , *: ,~,u pH;lnOrfl ~, ~ 4~ ~ ~r;:J ~ [,art~ of tila nocond part will ~t pflr~$t or ~-3T[i .zaut~tq~' JlOUnO o$' roap~ c~l l~l, Pl~ ~$pe, ~1~1% turpani'lnp, loathar or [IH 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 May 15, 1990 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Thomas Doherty P.O. Box 102 Fishers Island, NY 06390 RE: Minor Subdivision Margaret J. Gada SCTM# 1000-10-7-2.1 Dear Mr. Doherty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, May 14, 1990. RESOLVED to adopt the May 3, 1990, Suffolk County Planning Commission report with the following amendments (numbers correspond to numbers in report): 1,2,3 & 4. Are to remain as written. 5 & 6. Are to be omitted. 7,8,9,10 & 11. Are to remain as written. 12. Is to be revised 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. 13. Is to remain as written with the addition that the Liber and Page number of the filed document be included on the final map. Page 2 Margaret J. Gada The Planning Board has adopted Number four (4) from the Commission's comments with the following amendments: It is to be revised to read: The area that this subdivision is located in is considered to be archaeologically sensitive according to the State of New York Office of Historic Preservation. A preliminary survey should be made to assess this parcel for archaeological sensitivity. 1, 2, 3, 4, 8, 9, 10, 11 and 12 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. Numbers 7 & 13 must be shown on the final map. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ' ' Chairman enc. cc: Suffolk County Planning Commission DEPARTMENT OF' PLANNING OUNTY OF SUFFOLK PATRICK G* HALPIN eUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING May 3, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Minor Subdivision - Margaret J. Dada Westerly terminus of Hedge Street, Fisher's Island, New York T.P.I.N. 1000-010-07-2.1 Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on May 2, 1990, reviewed the proposed subdivision plat, entitled, '~Inor Subdivision - Margaret J. Gada" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Cbde. After due study and deliberation it resolved to approve said map subject to the following thirteen conditions that are deemed necessary to help preserve the natural and aesthetic attributes of the shoreline of West PLarbor, and necessary for good planning and land use. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. L~mtting clearing and grading will minimize stormwater runoff and erosion. Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lots I and 2, each lot shall be made subject to a covenant that will prohibit future subdivision. Article 12 of the Suffolk County Department of Health Services Code shall be complied with. The private road, un-named, that serves as access_ for this property shall be brought up to Town specifications and standards. Page -2- 6. The owner of this property shall make an offer to dedicate to the Town of Southold for highway purposes his interest in the private road, un-named, that serves as access for the property. The private road shall be given a distinctive name to facilitate the location of properties served by emergency services. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the shoreline of West Harbor. Within 50 feet of the top edge of the bluff there shall not be any grading except that that may be necessary to control or remedy erosion or to prevent stor~water from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. 10. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining body of water. 11. Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into and the tidal wetlands bordering West Harbor. 12. Conditions 1-4, inclusive, and 8-11, inclusive, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. 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 Town Board or 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. 13. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the follow~ng comments on the map for your use and consideration: It is suggested that before approval is granted to~this .subdivision that the subdivider be required to submit this proposal to the Suffolk County Department of Health Services for review to insure that the proposed subdivision will meet the requirements and standards of that agency. ; Page -3- 2. Consider~le care must be taken in the manner of storage and disposal of not only commercial and industrial wastes, but also the disposal of stormwater runoff from impervious areas on the site which can carT deleterious substances that can, if reaching West Harbor via the groundwater, have an a~erse impact on West Harbor. It has been noted that all the structures on the tract are not indicated on the map. Our aerials show an extensive dock. It would be helpful in our review if the proposed subdivision map would be complete in the information that it contains. The area that this subdivision is located in is considered to be archaeologically sensitive according to the State of New York Office of Historic Preservation. Has any attempt been made to access this parcel for archaeological sensitivity and if found to be archaeologically sensitive, has any attempt been made to either preserve the site within an open space area or restrict clearing, grading, and construction for a reasonable period of time to allow an archaeologist to explore, excavate and salvage items of historical worth? e The map of this minor subdivision should be filed in the office of the County Clerk. This is to insure the validity of the subdivision map and that the subdivision map will be available to the general public in a central office of official records. According to the map it appears that an adjoining parcel is also owned by the subdivider. It is felt that this adjoining parcel should have been included as part of this subdivision to insure better subdivision design, coordination of subdivision activity in the area and preservation, where possible, of open space. File: S-SD-90-11 CGL:mb Encl.: Map Very truly yours, Arthur H. Kurtz Director of Planning Charles G. Lind, Chief Planner Subdivision Review Division cc: R. Villa, P.E., SCDHS October 28, 1989 Mr. Bennett Orlowski Southold planning Board Town Hall Southold, New York NOV ' Dear Mr. Orlowski, Enclosed please find an application for the minor subdivision of certain property located on Fishers Island. The Suffolk County Tax Map number of the property is: 1000-10-7-2.1- Currently the property has two different zones, and we would like to in order to build a single side. I can De reached at sub divide the business section family home on the residential the Fishers Island Utility Company on any working day between the hours of 8:00am until 5:00pm. The telephone number is 516-788-7251, my home phone number is 516-788-7585. I would appreciate any help you or your board may give in this matter. The enclosed plans were drafted upon the recommendations of Dick Ward and Bob Kassher at a Planning Board work session held on September 26, 1989. Thomas F. Doherty Jr. DEPARTMENT OF PLANNING C INTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE May 3, 1990 ARTHUR H. KUNZ DIRECTOR OF PLANNING Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Minor Subdivision - Margaret J. Gada Westerly terminus of Hedge Street, Fisher's Island, New York T.P.I.N. 1000-010-07-2.1 Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on May 2, 1990, reviewed the proposed subdivision plat, entitled, '~inor Subdivision - Margaret J. Gada" referred to it pursuant to Section A14-24, Article X1V of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following thirteen conditions that are deemed necessary to help preserve the natural and aesthetic attributes of the shoreline of West Harbor, and necessary for good planning and land use. No lot line shall be changed in any manner at any future date unless authorized by the Town of Southold Planning Board. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. L~m4ting clearing and grading will minimize stormwater runoff and erosion. Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lots 1 and 2, each lot shall be made subject to a covenant that will prohibit future subdivision. Article 12 of the Suffolk County Department of Health Services Code shall be complied with. The private road, un-named, that serves as access for this property shall be brought up to Town specifications and~ s~amdards. MAY 8 1 Page -2- ................................................................................ 6. The oxcner of this property shall make an offer to dedicate to the Town of Southold for highway purposes his interest in the private road, un-named, that serves as access for the property. The private road shall be given a distinctive name to facilitate the location of properties served by emergency services. No new residential structure or sanitary disposal facility shall be constructed or otherwise located within 100 feet of the shoreline of West Harbor. Within 50 feet of the top edge of the bluff there shall not be any grading except that that may he necessary to control or remedy erosion or to prevent stormwater from flowing over the edge of the bluff. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased, dscayed or dead material and obnoxious plant species. Such clearing and grading shall be subject to review by the Town to insure proper maintenance and preservation of the natural buffer. 10. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the adjoining body of water. 11. Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that stormwater runoff will not carry eroded and other deleterious materials into and the tidal wetlands bordering West Harbor. 12. Conditions 1-4, inclusive, and 8-11, inclusive, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. 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 Town Board or 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. 13. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map for your use and consideration: It is suggested that before approval is granted to this subdivision that the subdivider be required to submit this proposallto, tbe Suffolk County Department of Health Services for review to insure that the proposed subdivision will meet the requirements and standards of that agency. ~Y 8 ??[~ Page -3- ................................................................................ 2. Considerable care must be taken in the manner of storage and disposal of not only commercial and industrial wastes, but also the disposal of stormwater runoff from impervious areas on the site which can carry deleterious substances that can, if reaching West Harbor via the groundwater, have an adverse impact on West Harbor. It has been noted that all the structures on the tract are not indicated on the map. Our aerials show an extensive dock. It would be helpful in our review if the proposed subdivision map would be complete in the information that it contains. The area that this subdivision is located in is considered to be archaeologically sensitive according to the State of New York Office of Historic Preservation. Has any attempt been made to access this parcel for archaeological sensitivity and if found to be archaeologically sensitive, has any attempt been made to either preserve the site within an open space area or restrict clearing, grading, and construction for a reasonable period of time to allow an archaeologist to explore, excavate and salvage items of historical worth? The map of this minor subdivision should be filed in the office of the County Clerk. This is to insure the validity of the subdivision map and that the subdivision map will be available to the general public in a central office of official records. According to the map it appears that an adjoining parcel is also owned by the subdivider. It is felt that this adjoining parcel should have been included as part of this subdivision to insure better subdivision design, coordination of subdivision activity in the area and preservation, where possible, of open space. File: S-SD-90-11 CGL:mb Encl.: Map Very truly yours, Arthur H. Kurtz Director of Planning Charles G. Lind, Chief Planner Subdivision Review Division cc: R. Villa, P.E., SCDHS Toxvn Hall. 53095 Main Road P.O. Box i 179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Suffolk County Planning Commission H. Lee Dennison Executive Office Building -12.th Floor Veterans Memorial Highway Hauppauge, NY 11788 ATT: Charles G. Lind, Chief Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of/'..!f~/~/,Z;~.,~lI ? ~? ~,p/~ S.C.D.P.W. Topo No.: S.C. Tax Map No.: ./~o O Major Sub. Minor Sub../ Site Plan Cluster MATERIAL SUBMITTED: Preliminary Plat {3 cop~es) ~ Road Profiles Drainage Plans (1). Topographical Map (1) Site Plan (1)___Grading Plan 1) Other Materials (Specify and glve number of copies) Waiver of Subdivision Requirements See attached sheet CONTINUED REFERRAL CRITERIA: SEQRA STATUS: projec~ is a~t~ (Type I) Type II) Action. 1. The 2. A (Negative Declaration) (Positive Declaration) (Determ. of Non-Significance) has been adopted by the Planning Board. · E.I.S. statement enclosed. (yes) ~ 3 4. The proposed division ha~ei~ed approval from the S.C. Dept. of Health. (Yes)~ We request acknowledgement of receipt of this referral (Yes) Referral received 19 by Suffolk County Planning Commission and assigned File No. Very truly yours, BENNETT ORLOWSKI,JR. '//~ CHAIRULAN jt revised: 3/8/89 Southold Town Planning Board Town Hall Southold, New York 11971 October 28, 1989 Re: Gada Minor subdivision Fishers Island 1000-t0-7-2.1 Board Members: The following statements are offered for your consideratidn in the review of the above mentioned subdivision and its referral to the Suffolk County Commission: 1. No grading, other than foundation excavation a residential building is proDosed. 2. No new.roads are proposed and no changes wi made in the gra~es of the existing roads. 3. No new drainage structure or alteration of existing structures are proposed. omas F. Doherty Jrt' Planning for be SENDER: SUBJECT: SCTM#: COMMENTS: SUBMISSION WITHOUT COVER LETTER /o- 7_X~/ 3-1~ - 7" NOTICE OF COMPU- I l: APPLICATION A JOHN/MARGARET GADA DRAWER B FISHERS ISLAND, NY 06390 APPLICA [ION IO 1-4738-00041/00002-0 ARTICLE 25: TIDAL WETLANDS PR()JECT ~S ~ OCATED IN SOUTHOLD ~ SUFFOLK COUNTY THE APPLICANT PROPOSES THE SUBDIVISION OF ONE 4.2 ACRE LOT INTO THREE LOTS ALL OF WHICH WILL BE GREATER THAN 40,000 SQUARE FEET. e,~ 02/28'90 LOCATION: END OF HEDGE STREET, WEST HARBOR, FISHERS ISLAND SCTM 1000-10-7-2.1 SEQR - 2 Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was perlormed and a Negative Declaration is on file. SE(}F~ LEAD AOENCY SOUTHOLD TOWN PLANNING BOARD S1AIE I IIS~rORIC PRESERVATION ACT (SHPA) DETERMINATION SHPA - 2 A Structural-Archaeological Assessment Form has been completed. The proposed activity will not have any impact on registered, eligible or inventoried archaeological sites or historic structures. No further review in accordance with SRPA is required. Comments on this project most be submitted in writiog to the Contact Person no later than 03'2290 SUSAN V ACKERMAN SUNY CAMPUS, BLDG 40, ROOM 219 STONY BROOK, NY 11790-2356 TO [HE APPLIOAN [ ~ THIS IS NOT A PERMIT TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCO~I'~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 13, 1990 Susan Ackerman Sr. Environmental Analyst SUNY Bldg 40, Room 219 Stony Brook, NY 11794 RE: 1-4738-00041/00001-0 Maragaret Gada Dear Ms.Ackerman: To avoid unnecessary coordination requests in the future, please be advised that the Southold Town Trustees currently do not have any regulatory authority over subdivision of land. The Town Trustees and CAC usually act only in an advisory capacity with the Town Planning Board. Should this change (which is not anticipated in the foreseeable future), we will notify your agency. Please feel free to distribute this letter among your associates. Sincerely, ~/ /./ .~h~ M. Bredemeyer, III/~ C~resident, Board of Trustees JMB: jb cc: Trustees CAC Planning Board NOTICE OF COMPLETE APPLICATION A JOHNMARGARET GADA DRAWER B FISHERS ISLAND, NY 06390 APPUCAnO~,D 1-4738-00041'00002-0 ARTICLE 25: TIDAL WETLANDS PR~)J~Cr ~s L(×;An:D ~N SOUTHOLD ~N SUFFOLK coumY THE APPLICANT PROPOSES THE SUBDIVISION OF ONE 4.2 ACRE LOT INTO THREE LOTS ALL OF WHICH WILL BE GREATER THAN 40,000 SQUARE FEET. 02/2890 LOCATION: END OF HEDGE STREET, WEST HARBOR, FISHERS ISLAND SCTM 1000-10-7-2.1 SEQR - 2 Project is a Type I action and will not have a significant effect on the environment. A coordinated review with other agencies was pedormed and a Negative Declaration is on file. SEQR LE~D A~iENCY SOUTHOLD TOWN PLANNING BOARD s1 ATE HISTORIC PRESERVATION ACT ($HPA) DE I~RMINATION SHPA - 2 A Structural-Archaeological Assessment Form has been completed. The proposed activity will not have any impact on registered, eligible or inventoried archaeological sites or historic structures. No lurther review in accordarrce wilh SHPA is required. Comments on this project must be subrnitted in writing to the Conlact Person RO later than 03'22'90 TO THE AF~LiCAN [ I THIS IS NOT A PERMIT SUSAN V ACKERMAN SUNY CAMPUS, BLDG 40, ROOM 219 STONY BROOK, NY 11790-2356 I~SHERS ISLAND FIRE DEPARTMENT Tom Doherty ~/~/~ chief 0 FISHERS ISLAND, NEW YORK 06390 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'FrL. HARRIS Supervisor Fax(516) 765-1823 Telephone (516) 765-1800 February 15, 1990 Thomas Doherty P.O. Box 102 Fishers Island, NY 06390 RE: Margaret Gada SCTM% 1000-10-7-2-1 Dear Mr. Doherty: The Planning Board has reviewed your application. The following changes must be made before the Planning Board can proceed. 1. The scale of the map should be 1" = 100'. The wording, "proposed limits of B-1 and A-40", should be removed from the map. The zoning district codes shown on the map should conform to those shown on the Town of Southold Zoning Map, dated January 10, 1989. The zoning boundary shown on the map should be a line not a series of rectangles. The wording, "limits of D.E.C. jurisdiction," should should be removed from the map. A note must be placed on the map that lot %3 of subdivision is occupied by a gas station with underground fuel tanks. Therefore, the potential for ground water contamination may be present. this If you have any questions or require further assistance please contact this office. Very truly yours, Bennett Orlowski~ 'Jr. Chairman cc: Richard Strouse Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 Thomas Doherty P.O. Box 102 Fishers Island, NY 06390 February 14, 1990 RE: Margaret Gada SCTM# 1000-10-7-2.1 Dear Mr. Doherty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Tuesday, February 13, 1990. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, make a determination of non-significance, and grant a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, Bennett Orlowski, Jr. Chairman enc. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance February 14, 1990 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Margaret Gada SCTMg: 1000-10-7-2.1 Location: End of Hedge Street, Fishers Island / Southold SEQR Status: Type I Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Subdivide a 4.25 acre parcel into 3 Island. lots located on Fishers SEQR Negative Declaration Con't. Reasons Supporting This Determination: An Environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 cc: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Green, DEC Commissioner Mohabir Perseud, Department of State Applicant If' trouble tvJ ti: t~ o,~'.-..r~e=~.]n,q TOOtaC t ([516;--7B8-7001 · FISHERS ISI ;-,ND, NEW YORK 06390 / 516-788-7OO1 Thomas C. Jorllng Commissioner Town ttall, 55095 Main P.O, Box 1179 $oulhold, New York J 1971 PLANNING BOARD OFFICE TO¥~"N OF SOUTHOLD F'02 Docember 13, 1989 Thomas Doherty P. O. Box 102 Fishers Island, NY 06390 Dear Mr. Doherty: RE: Margaret Gada SCTM ~]000-10-7-2.1 The Planning Board }las reviewed your application. The following changes must be made before the lannlng Board can p . Proceed. U. A,11 salt water and freshwater f.agged and spowll oil the map. pon receipt ef the above item~, proceed With its review. A New York State Department of Environmental Conservation Tidal Wetland permit' is required to create the subdivision, since proposed lot lilles are seaward of the crest. Please submit a copy of the permit to this office. wetlands must be the Plan: '~o ~ - SOUTH P[AdN FISHERS ISLAND, NfW YORK 06390 / 516-788-7001 Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 13, 1989 Thomas Doherty P. O. Box 102 Fishers Island, NY 06390 RE: Margaret Gada SCTM #1000-10-7-2.1 Dear Mr. Doherty: The Planning Board has reviewed your application. The following changes must be made before the Planning Board can proceed. A New York State Department of Environmental Conservation Tidal Wetland permit is required to create the subdivision, since proposed lot lines are seaward of the crest. Please submit a copy of the permit to this office. 2. Ail salt water and freshwater wetlands must be flagged and shown on the map. Upon receipt of the above items, the Planning Board will proceed with its review. rgk Vej~;~t r u ly your ~,-~ /'~ /~ Ben~ett Orlowski, Jr. Chairman New York State Department c;! Environmental Conservation Building 40--SUNY, Stony Brook, New York 11794 Regulatory Affairs Unit - Room 219 (516) 751-7900 Date: ~o~, NOTICE OF NEED FOR PERMIT Thomas C. Jorllng Commissioner A review has been made of your Location: _~-~x~_~% ~A~c~ It appears that a Permit is required from NYSDEC in accordance with the Environmental Conservation Law(s) indicated below: Article Article Article Article 25, Tidal Wetlands Act 15, Title 5, Protection of Waters Act 15, Title 7, Wild, Scenic & Recreational Rivers 24, Freshwater Wetlands Act En~sed i%a~pplicati~ackage. To. void delays,, be su[~a~ll s~eci~ie~d/informXa~.i~is inc~u~Le~ahd com~.j~/('See ~h~.~klist). Very truly yours, Encl. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York i 1971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 21, 1989 Thomas Doherty Fishers Island, NY 06390 RE: Margaret Gada SCTM 91000-10-7-2.1 Dear Mr. Doherty: The following actions were taken by the Southold Town Planning Board on Monday, November 20, 1989. RESOLVED that the Southold Town Planning Board start the coordination process to determine lead agency and environmental significance. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated September 18, 1989. Final maps must be submitted within six (6) months of the date of the sketch plan approval. If such plat is not so submitted, or an extension of time is not requested by the applicant and granted by the Planning Board, approval of the sketch plan may be revoked by the Planning Board. Final submission must contain two mylars and five paper prints, all stamped with Health Department approval. If you have any questions, please do not hesitate to contact this office. Very truly yours, , Bennett Orlowski, Jr. Chairman enc. Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 21, 1989 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. your jurisdiction in the action described below; 2. your interest in assUming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Requested Action: Margaret Gada SCTM #1000-10-7-2.1 Applicant proposes to subdivide a 4.25 acre parcel into 3 lots located on ~'ishers xsla~d S~EQRA Classification: Type I Unlisted Contact Person: .Robert Kassner 516-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: This agency wishes to ass~Lme lead agency status for this action. This agency has no objection to your agency assuming lead agency status for this action. Other. (See comments below) Comments: Please feel free to contact this office for further information. .Board o~ Appeals _Board of Trustees __Bnilding Department Southotd Town Board uffolk County Dept. of Health Services SDEC-~ Stony Brook _NYSDEC- Albany _.S.C. Dept. of Public Works U.S. Army Corp of Engineers _N.Y.S. Dept. of Transportation Sincerely, ~ ? BENNETT ORLOWSKI, JR. CHAIRMAN Maps are enclosed for your review Coordinating agencies June 14, 1990 TO WHOM IT MAY CONCERN An archaeological survey has been performed on a 1.8 acre parcel owned by Mr. and Mrs. Tom Doherty. The parcel at the end of Hedge Street, Fishers Island, New York is free of any restrictions placed upon it due to the possibility of cultural resources. This survey has found that there will be no impact upon cultural resources as long as construction adheres to the submitted plan of development accompanying this letter. Such an engineering plan was produced by Chandler, Palmer and King of Norwich, Connecticut, and dated September 18, 1989. The archaeological report of this study will be attached to this letter upon your request to the applicant. I hereby certify that the information supplied within this report is accurate to the best of my knowledge. John Pfeiffer / ,/ ARCHAEOLOGICAL SURVEY OF THE MR. AND MRS. TOM DOHERTY PROPERTY AT HEDGE STREET, FISHERS ISLAND, NEW YORK produced by JOHN PFEIFFER Archaeologica! Consultant June 14, 1990 ARCHAEOLOGICAL SURVEY Tom Doherty Property at Hedge Street Fishers Island, New York PURPOSE: This study is directed toward the discovery of potential prehistoric or historic places or sites on the 1.8 acre parcel to become a house lot for Mr. and Mrs. Tom Doherty. The directive of such a study is to identify such cultural resources if present and to aid in the plan of development to assure minimum impact. METHODOLOGY: The approach used in the Phase I study was: 1) to employ a walking survey of the parcel 2) to review documents and informant data, and finally 3) to undertake subsurface testing These methods have been very successful in other regions of the state as well as the neighboring state of Connecticut. These techniques are compatible with survey standards and guidelines established by the Federal government. DESCRIPTION OF HOUSE SITE: The proposed building site lies on a small upland peninsula and beach line overlooking "West Harbor" to the north. The beach area is locally known as Murphy's beach and while the beach is clear of obstructions, access to it from the lot is through a narrow brush-choked path which transects a steep bank. Local 1 informants have indicated that this bank has been seriously eroded during past hurricanes. Walking survey indicated that at one time in the past some sort of wharf had been located upon the northwestern promontory. What presently remains of this structure are the large quarried stones which extend out into the harbor and deeper water. Although highly weathered, drill marks on some of the stone may indicate a nineteenth century origin. The central and upland portion of the parcel has been used as a "construction" storage area with chunks of concrete, macadam, soapstone and marble hearth stones, as well as iron and steel piping being very apparent. There has also been digging and dumping of fill, boulders and construction debris. Along the western one hundred feet of the parcel, there has been less intensive disturbance. However, here there is clear evidence of nursery activity with the growing of young evergreen trees for subsequent replanting. There is a linear arrangement of spruce and larch trees as well as "craters" which indicate transplanting. The area is presently densely overgrown by poison ivy, bull briar, bittersweet, blackberry, and beach rose. The remaining arboreal vegetation is comprised of locust, catalpa, and ailanthus. Such species are very common in disturbed areas on the island. The walking survey indicated that the western third of the parcel afforded the best potential of intact archaeological cultural resources. Therefore a line of test pits (a transect) through this area was considered to be a practical approach for testing. 2 HISTORICAL EVALUATION: Prior to formalized subsurface testing, it was necessary to review written records relating to this particular parcel. The following land record information indicates the transfers that have directly involved this property. SULR stands for Southold Land Records, all of which are in the Suffolk County Clerk's Center in Riverhead, N. Y. It must be noted here that this is not a legal interpretation of ownership, but strictly a historical look. The deed descriptions have been summarized to this end, in an attempt to define patterns of use. It must be pointed out that the Gada family purchased property adjacent to that under scrutiny via SULR 4622/428 and SULR 5127/19. These both reference map 242 and involve plots C and D, among other places. Historically speaking, this land raises some interesting questions, generally centering on map 242, a copy of which in included in the Addenda section. The transfer to the Gadas in 1949 records the presence of buildings thereon which are not indicated in the 1927 sale to Maxwell, nor on the 1919 sale to wilbur. (Note that this transaction encompassed a four acre parcel at this time). While this shows that something was put up between 1927 and 1949, what kind of structure this was, or where, is not documented in the records. The various sales to Hoffert from Lyles call for tenements and improvements on the parcels involved. This may have been standard recording practice at that time and not indicative of buildings. It is possible that the reference may have been to the boat landing, roadway, and old wall diagrammed on map 242. These artifacts may relate to the agricultural efforts Mr. Fox made in rebuilding the "farm" image of Fishers Island right after 3 1863, and possibly even work by the Winthrop family and the various "tenant farmers" before. It must be remembered that there were up to three thousand sheep alone (plus cattle, swine, and horses) on the island at times, and movement of agricultural products (i.e. wool, mutton, live animals, etc.) would be of paramount importance. The transfer to the Southold Savings Bank from Mrs. Hoffert has not been discovered, nor the reason why this was done. The historical importance of this transaction itself is of very little consequence, except perhaps in explaining why such deed restrictions involving stockyard activity and other commercial impact had been attached. The mention of slaughterhouses being forbidden is the most pointed but remains academic for the present. ARCHAEOLOGICAL SURVEY: The field testing of the 1.8 acre parcel was based upon the sampling of underlying soil for historic and prehistoric artifacts. Theoretically, the historic artifacts as witnessed within the historic record should be demonstrable within the study area. To determine this, forty centimeter test pits seven meters apart were placed on a cleared line from the southwest corner of the lot to the northwest corner. A second line was cleared toward the northern end of the lot and similar test pits extended from the northwest to the northeast corner roughly paralleling the beach line. A third line extended southerly off the second transect into the middle of the lot where the house site has been proposed. (The three transect lines are illustrated on the site map.) In clearing off the de~se vegetation, several cultural features became apparent. In addition to the severe disturbance from recent construction along the southern boundary, a pipeline was found. It was made from vitreous tile pipe and ran toward the northwest corner and promontory. In clearing the southwest-northwest transect, the origin of this pipeline was found to be within a large 2.5 meter diameter stone-lined well. This first well was connected to a second lower stone-lined overflow well or cistern which lay just above the tide line between the western bank and the water's edge. The first well had been most recently used as a dump during the late 1940's as bottles were no more recent than this. Clearing of the other transect lines did not reveal any other visible cultural items. Test pitting along these same paths revealed no prehistoric material and very minimal historic scatter. (The test pit locations within the transects are diagrammed on the site map.) The four test pits north of the well all displayed an intact darkened level forty centimeters below the surface. Recent topsoil and wind-blown soil overlay this cultural level which was definitely mid to late nineteenth and early twentieth century, as evidenced by coal, small glass fragments and sheet-cut nails. I interpret this deposit as a roadbed which accessed the wharf, corresponding to map 242. The compact nature of the deposit as well as the heavily pulverized glass and coal fragments are consistent with such usage. The roadbed while being linear may not have been appreciably wide as the second transect only minimally indicated its existence. A width of three to four meters could be expected for the roadbed with less usage out from the center line. Archaeologically this showed up as a thinning of the darkened cultural level within test pits both to the west and east of the first transect. The second transect which paralleled the beach indicated only a scatter of historic late nineteenth and early twentieth century cultural material. Toward the east there was clear evidence of a buried darkened layer ~ith mixed historic scatter. I suspect that the top of the bank may have been regraded after being eroded from storms. This is supported by informant data. The regrading of the "top of bank" (note map 242) was also indicated within the third transect which ran toward the center of the lot. The buried, disturbed, and churned-up layer extended to the approximate location of the proposed house and deck. RESULTS OF FIELD STUDY: In respect to the transects and test pits there is no evidence of a significant prehistoric site. The second and third transects strongly indicated a minimal historic component which had been greatly disturbed by both natural and mechanical mechanisms. Historic and informant data do not indicate the existence of even remotely significant structures on the lot where the house and septic system are proposed to be located. The first transect indicated that the northwest quadrant of the parcel had a pipeline, well system, a roadbed, and wharf. The remnants of the wharf lie in the harbor and are therefore not within the study area. The well system is deemed significant and was therefore archaeologically analyzed to ascertain specific age and function. Document evaluation alluded to the presence of improvements in the 1915 map 242, and in the Ly]es-Hoffert transaction of 1878. It is interesting that the old stone wall is indicated in map 242 as well as the boat landing yet there is no reference to the well. Does this suggest that the well had not yet been built, or was it already unrecognizable? Construction methods of the well are consistent with the very earliest colonial methods of well production. It is also documented that by 1900-1910 the island was experiencing severe water shortage and specific failure of wells. This is undoubtedly the reason for the development of the Bell Hill reservoir and the ensuing development of the Fishers Island Water Company. It is therefore most probable that the well was completely unrecognized by 1915, having dried up, partially filled with garbage, and overgrown. Therefore, we can 6 assume that the well existed in the nineteenth century. This could easily suggest that Hoffert acquired the property with this improvement already established. The improvement was probably not made by Hoffert as the 1915 map and 1919 deed suggest no "recent" improvement. Therefore the well's origin could be post-1863 and relate to Robert Fox's animal husbandry. The final question is, does this well go back further into the Federal or colonial period? Document information does not aid in this assessment. The excavation of the fill within the well revealed that there had been several episodes of filling. The most recent accumulation of fill represented nearly a half meter of domestic garbage produced in the early twentieth century. Below this thick unconsolidated level was a peat deposit forty centimeters in depth, within this peat was very little in the way of cultural material. However, a fragmented wine glass embossed with "59th Street", a porcelain cap from a front tooth, and several peach pits were identified. Below this level was a thin compressed sand level of two to four centimeters in thickness. Incorporated within this unit were several nails, two of which were sheet-cut and one of wire manufacture, indicating a post-1850 date (probably 1875-1885). Below this level was a dark, organically rich, seed-laden lens. This lens, although nearly devoid of cultural material, had the tooth of a hand-cut horn comb which was likely manufactured prior to 1800. This stratum in turn rested upon a thin sandy layer with sporadically dispersed glacial cobbles, within this sandy level a small white glass bead was found. Such beads have been found within seventeenth and early eighteenth century native American burials and have their origin as early colonial American trade items. Below this level was culturally sterile hard-packed glacial gravel and clay. This'layer was undoubtedly the impermeable layer which caused the water to naturally collect within the well. The base of the well turned out to be 2.4 meters below the surface. 7 By reviewing the structure of the well there is clear evidence of two episodes of construction. The first stage of construction appears to be that of a generally circular fieldstone enclosure nearly encircling a large boulder resting on the sandy clay layer. This portion of the well rises two meters above the impermeable layer and is pointed up with a very smooth lime-rich mortar, thus making it water-tight. A second course of quarried stone rises 0.4 above the fieldstone portion and incorporates a vitreous tile inlet as well as an outlet which services a second downslope reservoir. The overlying quarried stonework was most likely produced towards the end of the nineteenth century and may have corresponded to the growing unreliability of the water table. However, it could also document some of the changes which Robert Fox may have made to accommodate animal husbandry and a probable increased need for watering animals. Putting the wharf, the roadway, well, and old wall together, there is archaeological support for the formulation of a nineteenth century "stockyard" complex. The wharf and roadway expedited importation and exportation of livestock and necessary materials, the well supplied necessary water for such animals, and the "old" wall kept the animals within a specific area on the island. While such a complex is both historically and archaeologically supportable for the 1863-1878 (Fox) period, it is also possible that such a comp]ex already existed during the "Winthrop" period. Finally this may explain why the 1.8 acre parcel was never built upon while the western part of the island was being developed after the death of Robert Fox. Similarly, this may partially explain the strange deed restriction by Hoffert which prohibited stockyard and slaughterhouse activity. While some of this is interpretation borderi6g upon conjecture, the fact is that there is clear evidence of Fox and probably Winthrop period activity within the site. 8 RECOMMENDATIONS: within the 1.8 acre parcel there is one significant cultural item. This is the well. The location of this artifact is far removed from the proposed house site and thus, will not be impacted by the proposed development. Archaeological test pitting and historic evaluation has cleared the plan of development of any concerns pertaining to cultural resources. It is the recommendation from the perspective of cultural resource management that the house be permitted to be built on this specific site. It is further recommended that a copy of this report and the artifacts discovered be presented to the Henry L. Ferguson Museum as a repository of local island history. The well itself should be protected as it is one of the few artifacts on the island which is very likely from the Winthrop era. 9 ? I iI / / / / / I / / / / 1 ? I I J / I / / / / ? 'x ¢_ \ $ DP___9 I,OTELL ~:SE-d.T~OLI I EbC_.,&_-FIO~ ~,,,L t:~ 5r__~L_L~- r'-~' ~-.~C.J,.-L~i ¢'= Icc)' I II 'x / / / / / / / / / / / / / / / / / / // / 1 / / /// / / / INLET SEPq]C TANK NOT TO SCALE KNOCKOUTS NOT TO SCALE riTE S00THOLD tu. [I I I I II / / / / / // / 1 / / / / / / /// / / 1TE ~r_~LL'~ f' = ~oo' INLET NOT TO SCALE MAR I 6 1990 d / / / / / / / / / / / / / / / / / / I / / / / ! / / I \ \ {SUFFOLK CO. PLANNING DEPI SUB, D REV{EW SECT]ON I{ 12.5/1 ~I4RE MESH NOT TO SCALE This su~livlsion map was reviewed by ~he {~{JIFFOLK COUNt' PLANNING COM~ISSlOh ,1TF' 14Al B 1990 .. ~_~ / / // / I / ? / / / / I / I ~ / lZ / I// i/ / / / / / / I ~ / /× I I I / / SUFFOt. K COUNlr'f Haup~uaa, New Yor~ J~ ~ ~ tU~ .-,, Tbtl Il 18 ~fy thet I he ~s~ a~ran~emems Ior water supply ~u~ty Sanitary = .... ~~~. --. AldoAndreol.i P.E. // G,~.IJ, IO ,,~kJ,'TO~O -FOd.~LI~.// / lOOO GALLON NOT TO SCALE )ITE ! I I~J I / / / ./ / / < ! ! 0 ADDENDUM