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HomeMy WebLinkAbout1000-56.-1-4.1J F'IAP OF' PI~OPOGED Mti",JO[~ SUBPlVISION 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 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 February 4, 1992 Claire and Michael Glew P.O. Box 188 Orient, New York 11957 RE: Set-off for James Patrick Kelly SCTM#1000-56-1-4.1 Dear Mr. and Mrs. Glew: The following took place at the meeting of the Southold Town Planning Board on Monday, February 3, 1992: The final public hearing, which was held at 7:30 P.M. was closed. The following resolution was adopted: WHEREAS, Michael P. Glew, Claire L. Glew and James P. Kelly are the owners of the property known and designated as SCTM91000-56-1-4.1, located at the north side of Main Road off a private road known as Mill Path; approximately 800 feet east of Bay Home Road in Southold; and WHEREAS, this application, to be known as "set-off for James Patrick Kelly", is to set-off a 2.177 acre parcel from a 9.182 acre parcel, and; WHEREAS, a variance for approval of 280-A was granted subject to eight (8) conditions by the Zoning Board of Appeals on January 9, 1990; 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 May 15, 1990; and page 2 James Patrick Kelly WHEREAS, a final public hearing was closed on said set-off application at the Town Hall, Southold, New York on February 3, 1992; 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 August 21, 1990 with the following condition to be affixed to the map: No building permit shall be issued for construction until all conditions of the January 9, 1990 variance for approval of 280-A have been fulfilled. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, /~ Bennett Orlowski, Jr'~ ~ Chairman Encl. cc: Building Department Assessors Office Zoning Board of Appeals DECLARATION OF COVENANTS'AND ~ESTRICTIONS THIS DECLARATION made by Michael P. Glew, and Claire L. Glew residing 1740 Village Lane, Orient, NY 11957 and James P. Kelly residing a~613%9 Main Road, Southold, NY 11971 this ~ day of -~t~'_~__, 1991, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: WHEREAS, DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct and/or approval or development or other construction project on the PREMISES; and 2. WHEREAS, the PREMISES are to be served by an individual onsite private well; and 0 ol.O WHEREAS, the test wells sampled for the PREMISES indicated that test results were within the minimum drinking water standards and/or guidelines of the State of New York and results are attached hereto as Schedule C. Each chemical parameter which exceeds 60% of the acceptable level is indicated with an asterisk; and WHEREAS, it has been determined that water quality of private wells is subject to change; and WHEREAS approval of the DEPARTMENT does not guarantee that the water quality will always meet drinking water standards; and WHEREAS the DEPARTMENT recommends periodic comprehensive water analysis of such well in order to monitor the water quality to prevent the unknowing consumption of contaminated water, the DECLARANT, its successors, heirs, or assigns agrees if said water analysis should indicate water contamination in excess of the minimum drinking water standards and/or guidelines of the State of New York, DECLARANT, its successors, heirs, or assigns may be required to, A. connect to public water, or install necessary water conditioning equipment so as to meet the minimum o drinking water standards and/or guidelines of the State of New York. The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. Ail of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the DEPARTMENT. The declarations set forth in the WHEREAS clauses contained herein shall be deemed and construed to be promises, covenants, and restrictions as if fully repeated and set forth herein. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 10. Local Law 932-1980 - The DECLARANT represents and warrants that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of any agreement, and that such person has read and is f~niliar with the provisions of Local Law 932- ~ic~ael P. Glew ) ~ , //~ Claire L. Glew es ~. Kelly ~ STATE OF NEW YORK C~UNTY OF SUFFOLK On-the %~-~ day of ~%~f , 1991, before me personally came Michael P. Glewand Claire L. Glew, to me known to be the individuals described in and who executed the foregoing instrument and ackno~~.the~same. Not ar~ P~_~j~~~ ROBERT L SCOTT, flOTARY ~B~I~S~'~y. N~ 47~ Suffo~ STATE OF NEW YORK Teill~v~1q~ COUNTY OF SUFFOLK On the ~ day of ~-~ , 1991, before me personally came James P. Kelly to m~ known to be the individual described in and who executed the foregoing instrument and acknowledged that they executed same. Notary~ Public : Sta~e of New York MAR~ ANN CYUULSKI NOIARY PUBLIC State of New ¥orP, Residing ,n Suffolk Co~Jfl~ No 52.58959~ ~ SCHEDULE' A DESCRIPTION OF PROPERTY DECLAR_A. NT: Michael P. Glew, Claire L. Glew & James P. Kelly H.D. REF. NO. : 89-275 Glew ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN INTERIOR POINT, WHERE THE SAME IS INTERSECTED BY THE NORTHWESTERLY SIDE OF LAND NOW OR FORMERLY OF HA~RY ADAMS, SAID POINT OR PLACE OF BEGINNING ALSO DISTANT 660 FEET NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE NORTHWESTERLY SIDE OF MAIN (STATE) ROAD WITH THE SOUTHWESTERLY SIDE OF LAND NOW OR FORMERLY OF LANG TO THE TRUE POINT OR PLACE OF BEGINNING; RUNNING THENCE FROM SAID POINT OR PLACE OF BEGINNING ALONG THE NORTHEASTERLY SIDE OF LAND NOW OR FORMERLY OF LANG, THE FOLLOWING FIVE (5) COURSES AND DISTANCES: (1) NORTH 12 DEGREES, FEET; (2) NORTH 18 DEGREES, FEET; (3) NORTH 55 DEGREES, FEET; 57 MINUTES, 42 MINUTES, 42 MINUTES, 10 SECONDS WEST 305.84 30 SECONDS WEST 655.59 30 SECONDS EAST 471.25 (4) NORTH 80 DEGREES, 24 MINUTES, 20 SECONDS EAST 70.0 FEET; (5) SOUTH 18 DEGREES, 28 MINUTES, 20 SECONDS EAST 709.39 FEET TO THE NORTHWESTERLY SIDE OF LAND NOW OR FORMERLY OR HARRY ADAMS; AND THENCE ALONG SAID LAST MENTIONED LAND TO THE FOLLOWING FOUR (4) COURSES AND DISTANCES: (1) SOUTH 69 DEGREES, FEET; (2) SOUTH 33 DEGREES, FEET; (3) SOUTH 23 DEGREES, FEET; 09 MINUTES, 00 MINUTES, 53 MINUTES, 40 SECONDS WEST 194.71 20 SECONDS WEST 200.00 30 SECONDS WEST 200.49 (4) SOUTH 17 DEGREES, 20 MINUTES, 20 SECONDS WEST 107.95 TO THE POINT OR PLACE OF BEGINNING. FEET FOR INFORMATION ONLY: DISTRICT 1000 SECTION 056.00 BLOCK 01'.00 LOTS 004.002 AND 004.003. SCheDULE C TEST WELL WATER ANALYSIS RETURN TO: SUFFOLK COUN~"f DEPART~4ENT OF HEALTH SERVICES, BUREAU OF DRINKING WATER 225 RABRO DRIP, HAUPPAUGE, N.y. 11788 *** Fee of $400.00/well received On ~* Health Dep't Kef. Nun~Der Rec'd by SCDHS A 't 4* House ~BOX N er 9* Street Name 8* Village Zip Code 23* Home Telephone 31' Well Depth Business # 33*Depth to Water 44* Water Filter Installed TAX MAP NU~LBER - From the tax bill 14' District l 13' Section 16' Block No. 17' Lot No. ~,/ Reviewer con~nents: ,%~^~z~, ~c;~t / Directions to the Sanitarian: =l.~Locate test well on subdivision map or tax map. ~Total depth an~i static water level .__ .o ~ Run time, sample tap and GPM noted? 4~,~. If an existing hose is sampled be sure to test the raw water only. 20* Supply Ty~ Priv 46* Well Driller 57* Fiel~ Tests This section for official use only 7* Township Code TBA__ Ncom Comm TEH THU TIS TSI__ TSM TSB C12 pH Electrolysis Check - Amperage //_i~- ?~ 51' Sample Date 54* Sample Tap Kit Bath O--~ Other I/-/~ 3_ 47* Elapsed Run Time 24* GPM 50'51. Res~raple Date 50*54* Resample Tap Samples Collected: Part Chem ~ Cd & Pb ~AS Pesticide ~ Remarks: -,J~ ~,r/ /~-',~ TBR__ TRI TOS..~ Bac't VOC's 4 vials ~/ 2 vials large Sanitarian Lab No. Field No. Date: Time: Col. By: Location (Name not initials) ~ 2HEDULE C · ~QnD Date Received in Lab Public Water Private Water Othor Date Completed Examined By SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES PUBLIC HEALTH LABORATORY CHEMICAL EXAMINATION OF WATER District Point of Collection Remarks: POOR (I) Results Reported as Micrograms Per Liter. Padial I~ Complete [] Metals Only [] 75 Spec. Cord. I~mhosfcm ~. ~' '~ 84 T. Alkalinity (mgll CaCO3} -81 MBAS (mg/~j - 73 pH ~ ~0 82 T. Hardness (mg/I CaC03) 88 Telal hyd P {mg/I) N~ f 78 N~les (mgll NJ ~ ~ 83 Ca Hardness Jmg/I CaCO3) 90 Fluoride (mg/I 76 Fr~ Arabia (mg/I NI ~ ~ ~ ~ Mg Hardness 87 Su~es{mg/ISO4) ~ ~ 120 Arsenic (1) I~ Ir~(~/IFel ~,,~-~ 125 Setenium {1) 101 Ma~anese[mg/IMn) ~ /0 O~ ~ Cadmium (1) I02 ~rimg~Cu} ~ ~ / 0 '~ Lead {1) t06 ~ium(~/INa) / ~ 126 Sirver ~; ~ ~ 104 Chromium (1) 124 Mercu~ (1 121 Badum (mg/I Field NO. ~ ~/-~ "' Public Date I: - ×~ --- ' '.', t f Private T,~me ~-- SCH JLE C O~her Col. ~y WW' ~,:', ,~- ~x~. SUFFOLK COUITI~f DEPA~4F~N~ OF H~ALTH SERVICE~ PUBLIC H~ALTH LA~ORATORY DIVISION OF M~DICAL LEGAL INVESTigATIONS & FORF. NSIC SCIENCE~ TPd%CE OP~NIC ANALYSIS OF WATER ~,': ~, ti~.,'~' ,- Treated._ Tank Number of sample vials submitted Kit__ Bth Other /~,,;'~ l,~ ~:>-' o¥ DB~ ComPound Dob 306 vinyl chloride . 305 methylene chloride 323 1,1 dichloroethane 309 trans 1,2 dichl'ethene 300 chloroform ... 324 1,2 dichloroethane ... 321 1,1,1 trichloroethane 304 carbo~ tetrachloride . 294 1 bromo 2 chloroethane 405 1,2 dickloropropane 310 trichloroethene ...... 303 chlorodibrn~-ethane . 293 1,2 dibromoethane .... ~.O~- 420 2 bromo 1 chloropropan __ 301 br~mofo=m ............ 311 tetrachloroethene .... 308 ¢is 1,2 dichloroethene 320 freon 113 ............ 292 dibro~ethane ....... 307 1,1 dichloro~thene ... 302 bromodichloromethane . 406 2,3 dichloropropene .. 407 ci~ dichloropropene .. 408 trana d~chloropropene 322 1,1,2 trichloroethane 409 1112 tetrachlo'ethene 295 s-tetrachloroethene 433 1,2,3 tric~oropropane __ 450 2,2 dichloropropane .. 451 1,3 dichloropropane .. 452 2 chlo'ethylvinylether __ DB# Compound oob 250 benzene .................... 251 toluene .................... 258 chlorobenzene .............. 259 ethylbenzene 254 o-xylene ................. 252 m-xylene ................... 253 p-~ylene ................... 255 total ~lene ............... 266 2-chlorotoluene (o) .... 267 m-chlorotoluene ........ 268 4-chlorotoluene (p) ........ 265 total chlorotoluene 419 1,3,5 trimethylbenzene 418 1,2,4 trimethylbenzene 415 m,p-dichlorobenzene 412 1,2 dichlorobenzene (o) 432 p-diethylbenzene ........... 435 1,2,4,5 ~etramethylbenzene 437 1,2,4 tri~h]orobenzcne ..... 438 1,2,3 trichlorobenzene ..... 600 ethenylbenzene (styrene) ... 601 i methylethylbenzene(cumene) 602 n-propylbenzene ............. 603 tert-butylbenzene .......... - 604 ~eo-butylbenzene ........... 605 isopropyltoluene (p-cymene) 606 n-butylbenzene ............. 607 hexachlorobutadiene ........ 608 1,2 dibromo 3-chloropropane ~'~ Lab No. TO_ , r~>,~.~ ~ F~eld No. ., z- Rec' at Lab.- Da%e -- J'~-'~- ~'l Public Wa~e~. Time -- ~ ' .~-' SCHEDULE C Private Well Col. By - r~'~<- ~ Onbe~ Exam. By- ¢~'-' SUFFOLK COUNTY DEPAiqTMENT OF.HEALTH SERVICES PUBLIC HEALTH LABORATORY DIVISION OF MEDICAL LEGAL INVESTIGA'~IONs & 'FoRJENSIC SCIENCES Address ------- /~ "' i £~ Sample Tap Kit Bth 4 Vials - F 2 Vials. Compound ORCA OnALIDs PEST C oZ ALYSZS .dFWAT n OT. Large -- ppb # alpha-BHC beta-BHC gamma-RHc ~ D delta BHC <c ~ ' Heptachlor Heptachlor epoxide... ~<o D Aldrin ,~..~ Dieldrin ~o.~ Endosulfan I Compound 4 4 DDE 4 4 DDD 4 4 DDT Endrin Endrin aldehyde Chlordane Alachlor Methoxychl Endosulfan II .......... Field# (~l)Date Time Col. By Rec'd in Lab Pu]Dlic Water Private Water SUFFOLK COUN~"f DEP~A%T~4ENT OF HF.A/~TH SERVICES DIOr/SION OF ~DICAL LEC~%L INV~STI~TIONS & FOR~NIC SCIENCES (1) Well# S- (3) Last Name (4) Street# (8) Con~nunity (54) Sample Tap / (R/T) -'%/Raw .. Treated (20) CO~ Ncom /~.Priv __Surf ~Test Well (31) Well Depth (14) District (13) Section (~6) ~lock / (l~) Lot 4~,/ Mailing Address PPB (2~3) Aldiearb ...... ..... (425) Aldicarb Sulfoxide . (426) Aldicarb Sulfone ... (224} Carbofuran ....... '' (427) 3-Hydro~Ycarbofuran (428} Oxamyl .... (429) Carbaryl . . (554) 1-Naphthol ..... ---- (430) Methomyl .... ''''''' COMPOUND PPB (550) ~a~gon.. ....... . ... . . <' / (551) Sethiocarb ........... DECLARATION OF COVENANTS & RESTRICTION. '? fl./IJCNING BOARD DECL~ATION made this ~ ~t ~' ~ day of '~: 1991, by Michael P. Glew and Claire L. Glew, residing a% 1740 Village ~ane, Orient, ~ hereinafter referred to as the "Declarant"; WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situated at Southold, Town of Southold County of Suffolk, and State of New York, and designated on the Suffolk County Tax Map as District 1000 Section 56 Block 1 Lot 4.3 being the premises described in deed recorded in the Suffolk County Clerks Office on November 16, 1989 in Liber 10967 page 530 a metes and bounds description of which is shown on schedule (A) attached hereto and made a part hereof, hereinafter referred to as the "premises". WHEREAS, the Declarant intends to set-off said premises for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions. NOW THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed there to, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions herein set forth. 1) Said premises shall have a conversation easement area of 75 feet around the pond. 2) oI. No structure or building shall be placed within the easement area. The terms "structure" and "building" shall be interpreted as including swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement ~f fences, retaining walls and bulkheads. The entire easement area shall remain in its natural state. The easement area shall not be filed with soil, sand, brush or other debris. 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. 6) ~) These covenants will be effective only at such time as the Southold Town Planning Board endorses the final map for the above mentioned premises. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof, except with the permission of the Southold Town Planning Board, or its equivalent successor. Said covenants, conditions, and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, their heirs, successors and assigns, any owner of any portion of the aforesaid premises, their heirs successors and assigns, and the Town of Southold, and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. IN WITNESS WHEREOF this indenture has been executed the day and year first above written. ~ Michael P. Glew Claire L. Glew STATE OF NEW YORK ~OUNTY OF SUFFOLK On the ~ day of ~~ , 1991, before me personally came Michael P. Glew and~Claire L. Glew, to me known to be the individuals described in and who executed the foregoing instrument and acknowledg~d~that they executed same. Nora y Pub_~~e--~w Ybr~ No. 4725089, Suflolk Cu,ut~.- Term ~pi~ May 31, 19 ~ SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT: Michael P. Glew, Claire L. Glew Beginning at a point on a private road known as "Mill Path" at the southeasterly corner of land of the party of the first part and the southwesterly corner of land of Lang' running thence along said "Mill Path" S.69 09'40"W.-25.02 feet; thence along other land of the party of the first part, three courses: (1) N.18 28'20"W.-308.87 feet; thence (2) S.71 31'40"W.-195.0 feet; thence (3) N.18 28'20"W.-369.61 feet to land of Lang; thence along said land of Lang, three courses: (1) N.55 42'30"E.-156.78 feet; thence (2) N.80 24'20"E.-70.0 feet; thence (3) S.18 28'20"E.-709.39 feet to the point of beginning. Containing 2.177 acres. Together with a right of way over said "Mill Path" about 1400 feet southwesterly to the Main Road. SCTM91000-56-1-4.3 .. DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by Michael P. Glew, and Claire L. Glew residing at 1740 Village Lane, Orient, NY 11957, and James P. Kelly ~siding at~.1339 Main Road, Southold, NY 11971, this \~/ day of ~ , 1991, hereinafter referred to as the DECLARANT, as the owner of the premises described in Schedule "A" annexed hereto (hereafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct, approval of plans or approval of a subdivision or development on the PREMISES. As a condition for approval of the DEPARTMENT of such subdivision or development application, the DECLARANT agrees that fill will be placed on said PREMISES where such fill shall be sufficient to provide adequate grade to allow the installation of a three (3) pool sewage disposal system in accordance with construction standards or guidelines of the DEPARTMENT in effect at the time of construction and that such fill requirement shall be a condition for approval of individual construction applications. The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the DEPARTMENT. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. Local Law #32-1980 - The DECLARANT represents and warrants that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local Law #32- 1980. chael P. Gle~ Claire L. Glew s P. Kelly STATE OF NEW YORK COUNTY OF SUFFOLK On the ~-~-- day of a~de~nd~Clair , 1991, before me personally came Michael P. Glew e L. Glew, to me known to be the individuals described in and who executed the foregoing instrument and acknowledg~at they executed same. o a/y .... ..... k ROBERT I. SCOW, JR. NOI'ARY PUBLIC, State of N.Y. : SS. : COUNTY OF SUFFOLK On the ~ day of ~'~ , 1991, before me personally came James P. Kelly Fo m~ known to be the individual described in and who executed the foregoing instrument and acknowledged that they executed same. Notar~ Public : State of New York MARY ANN I.;YBUL~I NOIARY PUBLIC State of NeW Y0r~ Residing m Suffolk County No 52.5895900 ,~ ~mm~o~, ~ies April ~ SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT: Michael P. Glew, Claire L. Glew & James P. Kelly H.D. REF. NO. : 89-275 Glew ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN INTERIOR POINT, WHERE THE SAME IS INTERSECTED BY THE NORTHWESTERLY SIDE OF LAND NOW OR FORMERLY OF HARRY ADAMS, SAID POINT OR PLACE OF BEGINNING ALSO DISTANT 660 FEET NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE NORTHWESTERLY SIDE OF MAIN (STATE) ROAD WITH THE SOUTHWESTERLY SIDE OF LAND NOW OR FORMERLY OF LANG TO THE TRUE POINT OR PLACE OF BEGINNING; RUNNING THENCE FROM SAID POINT OR PLACE OF BEGINNING ALONG THE NORTHEASTERLY SIDE OF LAND NOW OR FORMERLY OF LANG, THE FOLLOWING FIVE (5) COURSES AND DISTANCES: (1) NORTH 12 DEGREES, FEET; (2) NORTH 18 DEGREES, FEET; (3) NORTH 55 DEGREES, FEET; 57 MINUTES, 42 MINUTES, 42 MINUTES, 10 SECONDS WEST 305.84 30 SECONDS WEST 655.59 30 SECONDS EAST 471.25 (4) NORTH 80 DEGREES, 24 MINUTES, 20 SECONDS EAST 70.0 FEET; (5) SOUTH 18 DEGREES, 28 MINUTES, 20 SECONDS EAST 709.39 FEET TO THE NORTHWESTERLY SIDE OF LAND NOW OR FORMERLY OR HARRY ADAMS; AND THENCE ALONG SAID LAST MENTIONED LAND TO THE FOLLOWING FOUR (4) COURSES AND DISTANCES: (1) SOUTH 69 DEGREES, FEET; (2) SOUTH 33 DEGREES, FEET; (3) SOUTH 23 DEGREES, FEET; 09 MINUTES, 00 MINUTES, 53 MINUTES, 40 SECONDS WEST 194.71 20 SECONDS WEST 200.00 30 SECONDS WEST 200.49 (4) SOUTH 17 DEGREES, 20 MINUTES, 20 SECONDS WEST 107.95 FEET TO THE POINT OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 056.00 BLOCK 01.00 LOTS 004.002 AND 004.003. ~I~._M. INOR SU~D,I~VI~ION IS [OR ~,LOTS ON q,_lT~- ACRF~ LOCATED ONSc, SCTM# 1000= $'~- ) -9, [ MINOR SUBDIVISION (NO ROAD) Complete application received Application reviewed at work session Applicant advised of necessary revisions Revised sub mission received Sketch plan approval -with conditions Lead Agency Coordination SEQRA determination Sent to Fire Commissioner Receipt of firewe'll location Notification to applicant to include on final map Sent to County Planning Commission Recei~}t of County Report Review of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Receipt of mylars and paper prints with Health approval Final Public Hearing Approval of subdivision -with conditions Endorsement of subdivision PARTI NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DWISJON OF REGULATORY AFFAIRS State Envlronmenlal Quallly Review SHORT ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only Project Information (To be completed by Applicant or Project sponsor) 1. Appllcant],ponlor MI CHAEI, P GLEI~ J 2. Project Name CLAIRE L. ;GLEW J n/a M,~.icir, al~t¥ SOUTHOLD Coun~ Suffolk ~ New ~ Expansion ~ Modification/alteration FEB - 8 1989 [] Residential [] Industrial [] Corn ...... I [] Agriculture [] Parkland/open space [] Other If the action is in the Coastal Area, and you are a state agency, complete the J Coastal Assessment Form before proceeding with this assessment I ' OVER APPLICATION FOR APPROVAL OF PLA'tF ' "8 t989 To the Planning Board o[ the To~vn of Sonthold: ~' ........ The undersigned applicant hereby applies for (tentative) (final)approval of a subdivisio, plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record o[ the land under application. (If the applicant ia not the owner of record of the laud nndcr application, the applicant shall state his interest iu said land under applicatlou.) 2. The name of the subdivision is to be MICHAEL P- GLEW AND CLAIRE L. GLEW 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy o[ deed suggested.) 4. The land is hehl by the appllcaut }tndcr deeds recorded in Stfffolk County Clerk's o[Hce as follows: 5 / 19 / 42 238 On ....................... Liber ... 2233 Pa~e ...................... )er ................ Page ................ On ....................... Lit ........ Libcr ........................ Page ............ On ....................... ; Liber ........................ Pa,,e ...................... On ....................... Liber ........................ Prt%c ...................... On ....................... ; as devised nnder the Last 5Vill and Testament of ....................................... or as distrihntce ........................................................................ 5. The area o[ the land is ... 2 .............. acres. 6. All taxes which are liens on the la,d at the date hereof have been paid except ............ 7. The land is c,cumbcred by . . Bone ............................................... ~or gage (~) as folloxvs: fa) Mortgage recorded in Liber .............. Page .................. in original amount of $ .............. nnpaid amount $ .................... held by ...................... address .............................................................. (h) M ~rtga~c recorded in Liber ......... Page ....................... in original amount of .............. n,paid amonnt $ ...................... held hy ...................... address ............................................................... (c) Mortgage recorded in Lihcr .............. Page ................ in original amount of .............. unpaid alnount $ ...................... held by ...................... ...................... address ................. ' ............... ......................... 8. There are no other encumbrances or liens against the land except ...... .n. 9.n.e- ............ 9. The land lies in the following zouing ose districts ..................................... .'.~ 10. No part of the land lies under water xvhethcr title water, stream, pond water or otherwise, ex- 11. The applicant shall at his expense install all required public improvements. 12. The land (does) (does not) lle in a \Vater District or Water Supply District. Name ot' Dis- trict, if xvithin a District, is .............................................................. 13. Water mains xvill be laid hy . .......................................................... aud (al (no) charge will be made for stalliog said mains. 14. Electric lines and staudards will he installed by ......................................... ..................................... aud (al (no) charge will be made for installing said lines. 15. Gas mains will he installed hy . ............................ . ............................... and (al (no) charge will he nlallc [or installing said mauls. 16. If streets shown on the plat are claimed hv the applicant to he existing public streets in the Suffolk County llighway system, annex' Schedule "B" hereto, to show satne. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Towll o[ Southold Highway system :ttltlt'X Schedule "C" hereto to show same. 18. There are no existing >t ildings or structures on the laud which arc not located and shoxvn on the plat. 19. Where the plat shows proposed streets which are extensions o[ streets on adjoiuing sub- division maps heretofore filed, thcrc are n{) reserve strips at the end o[ tile streets on said existing maps ,at their conjunctions with the proposed streets. 20. In the course o[ these proceedings, the apl~licant will offer lmm[ of title as required by Sec. ,~3~ o[ tile l~.eal Property Law. 21. Suhmit a copy of proposed deed for lots showing all restricti~ms, covenauts, crc. :\nnex 5:,chedule "D". 22. The applicaut estimates that tile cost of gradiug and required public improvements will he $ .......... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at .............. years. Tile Performance Bond ~vill he xvritten by a licensed surety company unless otherwise shown on Schedule "F". DATE . .~ ....... ~ ..... 19B.~ M.~Q.Hg-J~L..I~.... (~.L]~.!4 ......... C~ .L.g,!.R..E...L.,..(~EW (Name of Applicant) (Signature and Title) ~. ~ 5.0...v..~5 ~..~.8.e...~.a. :.,.. 97..~p..n.t..,..~.:..y... .... (Address) STATE OF NEx, V YORK. COUNTY ()F .... .S. UF.F. 0LK ................... ss: MICHAEL P. GLEW and (~L.A..I.R..E..L......G.L..E~ .................. to me known to b.e the iudividual described in and executed the foregoing instrument, anti acc ow et get that ...g. 13.qy. .... executed tile same. MARIE ONGIObll NOTARY PUBLIC, Stlte of New york No. 24 - 4765191 Qualified in Kingl County Notary Pnblic ST.\TE OF NE\V YORK., COUNTY OF ............................ ss: On tile ................ day ............ ol .............. , 19 ....... b.efore me personally came ................... lo me knoxvn, who being hy me duly sworn did de- p.se and say that ............ resides at No ..................................................... ............................ that .......................... is the .......... the corporation descrihed in and ~vhich executed thc fm-egoi.g instrument; that ............ kuows the seal .f said corporation; that thc seal affixed by order tff the board .f directors of said corporation. ami that ............ signed .............. name thereto by like order. Notary Pnblie Southold, N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITIt YOUR APPLICATIONS FORNS TO TIlE PLANNING B~ARD 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 yes, please indicate these on your guaranteed survey or submit other appropriate evidence. 1. Are there any wetland grasses on this parcel? (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) Yes [ No ] 2. Are there any other premises under your ownership abutting this parcel? Yes [No ] 3. Are there any building permits pending on this parcel? 4. Are there any other applications pending concerning this property befcze 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? 6. Was this property the subject of any prior application to the Planning Board? 7. Does this property have a valid certificat~ of occupancy, if yes please submit a copy of same Yes [No ] Yes [No ] Yes [No ] Yes [No ] Yes ~No ] I certify that the above statements are true and will be relied on by'the ~aq/D~ng~ B~oard in,qo~side, ring~th~application,. Signature of property owner ok authorized a~nt ~ate MICHAEL P. GLEW CLAIRE L. GLEW Attachment to questionnaire for the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the ___~__day of ~_~ ., 198--8, before me personally MICHAEL P. GLEW ana came_. C~NIRE L. .GLEW to me known to be the individual described in and v~ho executed the foregoing instrumen%, and acknowledged that they executed the. same. ~otary Public ' $outhold Town Planning Board Town Hall Southold, New York 11971 Re: Claire Glew, Set-off ~Subdivision, Gentlemen= The following statements are offered for your'considerati°n in the review of the above-mentioned minor subdivision and its referral to the suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of %he existing roads. 3) No new drainage structures or alteration of existing structures are proposed. MICHAEL P. GLEW CLAIRE L. GLEW ·Ois Jn enture, ~fade the and thirty-eight Su££olk County, New York, ney eh th day ot Pebrnary , ~neteen hundred KELLY and ROSE JELLY, his wife, of Southold, and paid by the part JAMES P. KELLY, of the eame place, part les of the first part, the part, part y Of the second part, the ~rst part, in cons~deratlon Y of the second part, do Dollars, ]awful money of the Un'ted States, hereby grant and release unto the part y of the second h~s heirs anda~ns ~rever, tha~ certain piece o~ p~rcel off lhnd situate and lying at Southold, in the Town o£ Southold, County of Suffolk and State o£ New york, and bounded and described as follows:- Northerly by land now o~ formerly o£ ~smes Wickham and William ~o ~lckham, ~asterly by land now or Formerly o£ Daniel W. Grattan, Southerly by land now o~ ffp~merly o£ Moses To Herren (the boundary line running along the center o£ the old road through the woods), and*',~esterly by othe~ lands now or formerly o£ said ~a.as Wickham and William H- ha~, and conta~nin~ by esti~atio~ ~sm acres, be the ss~e mo~e ov lees. Sub,set, however, to a right or way to Daniel W. ~rattan, his heirs and assigns forever, in, over and along the said old road £reely to pass and re-pass on Foot or with horses and cattle, wagons, sleighs or other vehicle or carrLage whatsoever, from the lands the said Daniel We ~rattan on the way out to the highway and from the highway to the said lands. Being and Intended to be the ~ame premises granted to the said pestles of the first County, New York, be part by ~antel Wo Grettan, of Southold, Suffolk deed deted April 25, 1904, and recorded in the office of the Clerk of' Suffolk C~unty in Llber 550 of Deeds at page 580 on the 28th day of ~prll, 1904. .~ the appurtenances and aiJ the estate and rights o£ tAe part IaR)J the ~rst part in and to Premises herein Eranted unto the party o£ t]~e second part, his heir8 and assigns .~Orever. The grantor, in compliance with Section 13 of the Lien Law, covenants that the grantor will receive the consideration for this conveyance as a trust fund to he applied first for the purpose of paying the cost of the improvement and that the grantor will apply the same first to the payment of the cost of the improvement be£ore using any part of the total o~ the same for any other purpose. ~ the aaid Petr!¢k covenant as follows: .~ir~t.--That said Kelly end Roee Kelly Patrick Kelly end Rose Kelly seized of the said premises in fee simple, and ha ye good right to convey the same, ~££O~.--That the party of the second part shall quietly enjoy the said premises; ~,~E~. --That the said premises are £ree from incumbrances; except the right of w~y as noted; ~OUr~. ~ That the part I e~ the JJrst part will execute or procure any further necessary assurance of the title to sa~d premises; ~i~. --That said Patrick Kelly end Rosa Oereoi, band s and seal ~n p~t~tl~t O!: Kelly will forever warrant the title to said premises. the part I e s o£ the first part ha va hereunto set t h e 1 x' the day and year first above written. L.$. ._L.$. ~te of NES' YORK ~Oulltp Of SUFF~ ~': betore me came Patrick ~[elly end ~o~e Kelly, · nineteen hundred and to me ~nown and ]mown to me to be t&e individuals described in, and who executed, the ~oregoing instrUment, ~d MAY 19 1942 N t lc, Suffolk County, ~ M~ART Date: Parties.. NYBI'U Form 8041 (Rev. 11/?8~CON~GT OF SALE WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FORTHE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN ENGLISH"). CONSULT YOUR LAWYER BEFORE SIGNING IT. NOTE: FIRE AND CASUALTY LOSSES: This contract form does not provide for what happens in the event of fire or casualty loss before the title closing. Unless different provision is made in this contract, Section 5-1311 of the General Obligations Law will apply. One part of that law makes a purchaser responsible for fire and casualty loss upon taking of tide to or possession of the premises. CONTRACT OF SALE made as of the BETWEEN Address: dayof P. JAMES/KELLY, residing at New York'l1971, hereinafter called "SELLER", who agrees to sell; and May ,19 88 (no #) Main '.i ,Ii FEB '8; J89 MICHAEL P. GLEW and CLAIRE L. GLEW, his wif~:~: residing at 1740 Village Lane, Orient,New York 11957 Ad&ess: he~in~call~ "PURCHASER"whoagrees~ buyxll~l~l~l~-oI,x~lR$16R~:li~R:ga~l~/r~lt~lic ~m~a~x~x~~d~H~x~xxaX the northeasterly two (2) acres of the premises described as follows: ALL that certain piece or parcel of land situate and lying at Southold, in the Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: Northerly by land now or formerly of James Wickham and William H. Wickham, Easterly by land now or formerly of Daniel W. Grattan, Southerly by land now or formerly of Moses T. Horton (the boundary line running along the center of the old road through the woods), and Westerly by other lands now or formerly of said James Wickham and William H. Wickham, and containing by estimation ten acres, be the same more or less. Subject, however, to a right-of-way to Daniel W. Grattan, his heirs and assigns forever, in, over and along the said old road freely to pass and repass on foot or with horses and cattle, wagons, carts, sleighs or other vehicle or carriage whatsoever, from the lands of the said Daniel W. Grattan on the way out to the highway and from the highway to the said lands. The said two (2) acres are sketched on the map attached hereto and are to be conveyed together with a right-of-way to the Main Road (Route 25) subject to the approval of all Municipal authorities having jurisdiction for the split off of the said premises. It is agreed that the purchasers shall make, at their espense, all applications required in order to procure consent and approval for the subdivision of the property from the Municipal authorities. Subject to any state of facts an accurate survey or personal in- spection may show, provided same does not render title unmarketable; covenants, utility easements, restrictions, rights of way, if any. Purchasers agree to deliver to the attorney for the seller herein a list of any objections or violations which may appear on any proper examination of this title, and if any objections or violations appear on said title examination and cannot be cleared by the seller by the time set for the closing of title, then the seller at his option, shall be entitled to a reasonable adjournment of the closing for the purpose of removing said objections or violations. Nothing herein shall be deemed to require the seller to take any legal action or proceeding to cure any defects in title. The purchasers represent that no Real Estate Broker brought about the sale agreed upon and should any claims for brokerage commissions be made against the seller, the purchasers agree to hold harmless and indemnify the seller from brokerage commissions arising out of pur- chaser's acts. This clause to survive delivery of title hereunder. ~so known as: S~t Address: / T~MapD~si~mfion: Dist. 1000, Sect. 56, Block 1, L~ 4.1 Together with SELLER'S in.rest, if any, in streets and unpaid awards as set bnh in Paragr~ap~ 9. Personal Property.. ~le sale also i~desYall fixtures and arti)~ of personal ~ attached to or ~ed in connectionXwith the cPlel~a t~M ~SaEnSv' l~:nle..s s. ,.s_ _1 _1~ n~. ~1Y e~x~cl~u~¢e~, ~bR~~,~LLER states tF~a~ they are paid for a~1%wried by SELLER ,'~e and ,' .'~)~ y~ ..... ~s. cl tllall tile ~AI;~I,,~ MOR'I'GAGE(S). T~ey incl00e but are n~ lim{'ted to plumbVmg, heating', ugntmgxana cookiavg fixt01'gs, bathroom and kill,hen cabio&s, mante~li, door mirrors, ~,,~efian b~inds, shades, screens, ~,Wnmgs,X~torm v~l/tows, wifidow boxesXstormviffoors, malt I~xes, ~l~,ather van~, flagpoles, pumps, shrubber~,fencflig, outdoor ~t~uary~ tool sheds, dislk,~itsl~rs, washing maKhin~ clothes dryers, i~bage ~i~posal units, rangtXsx~frlgerators' fi'eez]~, air conditioning cl~ipment and instal!g~,dns, and wall t~xmll carpeting. VACANT LAND. Excluded from this sale are: Furniture and household furnishings, Purchase Existing Mortgage(s): 1. (a) The purchase price is SEE RIDER ATTACHED. Payable as follows: On the signing of this contract, by check subject to collection: By allowance for the principal amount still unpaid on EXISTING MORTGAGE(S): $ By a Purchase Money Note and Mortgage from PURCHASER (or assigns) to SELLER: $ BALANCE AT CLOSING: (b) If this sale is subject to an EXISTING MORTGAGE, the Purchase Money Note and Mortgage will also provide that it will remain subject to the prior lien of any EXISTING MORTGAGE even though the EXISTING MORTGAGE is extended or modified in good faith. The Purchase Money Note and Mortgage shall be drawn on the standard form o]~New York Board of Tire Underwriters by the attorney for SELLER. PURCHASER shall pay the mortgage recording tax, recording fees and the attorney's fee in the amount of $ for its preparation. (c) If any required payments are made on an EXISTING MORTGAGE between now and CLOSING which reduce the unpaid principal amount of an EXISTING MORTGAGE below the amount shown in paragraph 2, then the balance of the price payable at CL aOSl ,NG will be adjusted. SELLER agrees that the amount shown in Paragraph 2 is reasonably correct and that only p yments required by the EXISTING MORTGAGE will be made. (d) If there is a mortgage escrow account that is maintained for the purpose of paying taxes or insurance, etc. SELLER shall assign it to PURCHASER, if it can be assigned. In that event PURCHASER shall pay the amount in the escrow account to SELLER at CLOSING. 2. The PREMISES will be conveyed subject to the continuing lien of "EXISTING MORTGAGE(S)" as follows: Mortgage now in the unpaid principal amount of $ and interest at the rate of per cent per year, presently payable in installments of $ , which include principal, interest, and with any balance of principal being due and payable on Acceptable Funds.- "Su~ect to" Provisions.- SELLER hereby states that no EXISTING MORTGAGE contains any provision that permits the holder of the mortgage to require its immediate payment in full or to change any other term thereof by rehson of the fact of CLOSING. $. All money payable under this contract unless otherwise specified, shall be either: a. Cash, but not over one thousand ($1,000.00) Dollars, b. Good certified check of PURCHASER, or official check of any bank, savings bank, trust company, or savings and loan association having a banking office in the State of New York, payable to the order of SELLER, or to the order of PURCHASER and duly endorsed by PURCHASER (if an individual) to the order of SELLER in the presence of SELLER or SELLER'S attorney. c. Money other than the purchase price,.payable to SELLER at CLOSING, may be by check of PURCHASER up to the amount of($) dollars, or d. As otherwise agreed to in writing by SELLER or SELLER'S attorney. 4. The PREMISES are to be. transferred subject to: a. Laws and governmental regulations that affect the use and maintenance of the PREMISES, provided that they are not violated by the buildings and improvements erected on the PREMISES. b. Consents for the erection of, any structures on, under or above any streets on which the PREMISES abut. c. Encroachments of stoops, areas, cellar steps, trim and cornices, if any, upon any street or highway. Title Company Approval: 5. SELLER shall give and PURCHASER shall accept such title as any title company doing 5, in Suffolk County and ,amembcrofThe New York Board of Tide Underwriters will be willing to approve and insure in accordance with their standard form of tide policy, subject Only to the matters provided for in this contract. RIDER ATTACHED TO AND FORMING PART OF CONTRACT .OF SALE BETWEEN JAMES KELLY, AS SELLER, AND MICHAEL P- GLEW AND CLAIRE L. GLEW, HIS WIFE, AS PURCHASERS. The seller executes this contract with the purchasers who are the grand-nephew and grand-niece of the seller, not only because of his love and affection for them, but because he is indebted to them for their many and sufficient services and help that they have rendered to him over the years and the seller considered the same to be good and valuable consideration for the conveyance of the approximate two (2) acres. 'L~h~ p~ Dee~ : Clos !rig Date and Pla~e: Assignmerit of Unpaid Awards: Mo~gagee' t Cer!~cate Exiaing Mo;qgages(s): Compliance with Sta,!e and Municipal De]~rtment and Orders: Property is not bt city o/New Water Meter Rtndings: Allowance for Taxes. et~.: U~e of Parehase Price to Pay Encumbrances: Affidavit as to Judgments, Bankruptdes: 6. "CLOSING" means the settll~nt of the obligations of SELLER and PuI~ASER to each other under this contract, including the payment~'the purchase p~;g,~9(~l~E.~L~d the dcag~ry to PURCHASER of a Bargain & Sale with covenant agalnst/~c~ tn proper statutory form for recording so as to transfer full ownership (fee simple tide) to the PREMISES', free of all encumbrances except as herein stated. The deed will contain a covenant by SELLER as required by Section IS of the Lien Law. If SELLER is a corporation, it will deliver to PURCHASER at the time of CLOSING Ca) a resolution of its Board of Directors authorizing the sale and delivery of the deed, and cb) a certificate by the Secretary or Assistant Secretary of the corporation certifying such resolution and setting forth facts showing that the transfer is in conformity with the requirements of Section 909 of the Business Corporation Law. The deed in such case shall contain a recital sufficient to establish compliance with that section. 7. CLOSING will ~keplace at the office of Frederick J. Tede~2h~, 218 Fron~. S~ee~.t . . Greenport, N.Y. 11944 on or ~bout 30 days from date of approval of t_he suDOlVlSXOn. at o'clock on 19 8. PURCHASER hereby states that PURCHASER has not dealt with any broker in connection with this sale other than no broker. and SELLER agrees to pay the broker the commission earned thereby (pursuant to separate agreement). 9. This sale includes all of SELLER's ownership and rlghts, if any, in any land lying in the bed ofany street or highway, opened or proposed, in front of or adjoining the PREMISES to the center line thereof. It also includes any right of SELLER to any unpaid award by reason of any taking by condemnation and/or for any damage to the PREMISES by reason of change of grade of any street or highway. SELLER will deliver at no additional cost to PURCHASER, at CLOSING, or thereafter, on demand, any documents which PURCHASER may require to collect the award and damages. 10. SELLER agrees to deliver to PURCHASER AT CLOSING, a certificate dated not more thah thirty (80) days bef°re CLOSING signed by the holder of each EXISTING MORTGAGE, in form for recording, certifying the amount of the unpaid principal and interest, date of maturity, and rate of interest. SELLER shall pay the fees for recording such certificate. If the holder of a mortgage is a bank or other institution as defined in Section 274-a, Real Property Law, it may, instead of the certificate, furnish an unqualified letter dated not more than thirty ($0) days before CLOSING containing the same information. SELLER hereby states that any EXISTING MORTGAGE will not be in default at the time of CLOSING. 1. a. SELLER will comply with all notes or notices of violations of law or munidpal ordinances, orders or requirements noted in or issued by any governmental department having authority as to lands, housing, buildings, fire, health and labor conditions affecting the PREM1SES at the date hereof. The PREMISES shall be transferred free of them at CLOSING and this provision shall survive CLOSING. SELLER shall furnish PURCHASER with any authorizations necessary to make the searches that could disclose these matters. $. All obl~.jons afl. ting theXtnREMIS~e¢~ incur~L~Wpursuasxaxto the~Admin~q'ative C~e of t~XCity of New York pr~ to ~LOSll~o0nd~y~le inX~o~ey s~lx[~ disc~ar~d by SFt~R at Clf~SI~G. ll:!~?{prol~i~ shallx: survive GLg~ING. x xx Xx XX x xxx ' i 12. If at the time of CLOSING the PREMISES are affected by an assessment which ts or may~become payable n annual installments, and the first installment is then a lien, or has been paid, then for the purposes of this contract all the unpaid installments shall be considered due and are to be paid by SELLER at CLOSING. 1 $. The following are to be apportioned as of midnight of the day before the day of CLOSING: (a) Rentsasandwhencollected. (b) InterestonEXISTINGMORTGAGE(S). Cc) Premiumsonexistingtransferable insurance policies and renewals of those expiring prior to CLOSING. (d) Taxes, water charges and sewer rents, on the basis of the..~.,~-period for which assessed, Ce) Fuel, if any. ({) Vault charges, if any. If CLOSI lx~i- ~.11 occur before a new tax rate is fixed, the apportionment of taxes shall be upon the basis of the old tax rate for the preceding period applied to the latest assessed valuation. 14. lfthere be a water meter on the PREMISES, SELLER shall furnish a reading to a date not more than thirty days before CLOSING date and the unfixed meter charge and sewer rent, if any, shall be apportioned on the basis of such last reading. 15. SELLER has the option to credit PURCHASER as an adjustment of the purchase price with the amount of any unpaid taxes, assessments, water charges and sewer rents, together with any interest and penalties thereon to a date not less than five business days after CLOSING, provided that official bills therefor computed to said date are produced at CLOSING. 16. If there is anything else affecting the salewhich SELLER is obligated to pay and discharge at CLOSING, SELLER may use any portion of the balance of the purchase price to discharge it. As an alternative, SELLER may deposit money with the title insurance company employed by PURCHASER required by it to assure its discharge, but only if the tide insurance company will insure PURCHASER'S title clear of the matter or insure against its enforcement out of the PREMISES. Upon request made within a reasonable time before CLOSING, PURCHASER agrees to provide separate certified checks as requested to assist in clearing up these matters. 17. Ifa title examination disdosesjudgments, bankruptcies or other returns against persons having names the same as or similar to that of SELLER, SELLER shall deliver a satisfactory detailed affidavit at CLOSING showing that they are not against SELLER. Deed lYamfer and Recording Taxes: Purchaser's Lien: Seller's Inability to convey and Limitation of Liability: Condition of Property: Entire Agreement.- Changes Must Be In Writing: Singular also Means Plural.- 18. At CLOSIt~ELLER shall deliver a f0K,~7~lfheck ps'lie to the order of the appropriate State, County officer i-nl~e amount of any applicable transfer~ payable by reason of the deli,~ recording of the deed, together with any required tax return. PURCHASER agrees to duly complete the tax return a, to cause the check(s) and the tax return to be delivered to the appropriate officer prompdy after CLOSING. 19. All money paid on account of this contract, and the reasonable expenses of examination of the title to the ?REMiSES and of any survey and survey mspectm charges are hereby made liens on the PREMISES and collectable out Of the PREMISES. Such liens shall not continue after default in performance of the contract by PURCHASER. 20. If SELLER is unable to transfer tide m PURCHASER in accordance with this contract, SELLER'S sole liability shall be to refund all money paid on account of this contract, plus all charges made for: (i) examining the title, (ii) any appropriate additional searches made in accordance with this contract, and (iii) survey and survey inspection charges. Upon such refund and payment this contract shall be considered cancelled, and neither SELLER nor PURCHASER ,hall have any further rights against the other. 21. PURCHASER has inspected~he PREMISESr~]~I~I~ncluded in this sale and is thoroughly acquainted with their condition. PURCHASER agrees to purchase them "as is" and in their present condition subject to reasonable use, wear, tear, and natural deterioration between now and CLOSING.PURCHASER shall have the right, after reasonable notice to SELLER, to inspect them before CLOSING. 22. All prior understandings and agreements between SELLER and PURCHASER are merged in this contract. It completely expresses their full agreement. It has been entered into after full investigation, neither party relying upon any statements made by anyone else that are not set forth in this contract. 23. This contract may not be changed or cancelled except in writing. The contract shall also apply to and bind the d stributees, heirs, executors, administrators, successors and assigns of the respective parties. Each of the parties hereby authorize their attorneys to agree in writing to any changes in dates and time periods provided for in this contract. 24. Any singular word or term herein shall also be read as in the plural whenever the sense of this contract may require it. Ih Presence Off ire ~ ~lew ~ Closing of tide under the within contract is hereby adjourned to 19 , at o'clock, at ; title to be closed and all adjustments to be made as of 19 Dated, 19 For value received, the within contract and all the right, title and interest of the purchaser thereunder are hereby assigned, transferred and set over unto and said assignee hereby assumes all obligations of the purchaser thereunder. Dated, 19 Purchaser Assignee of Purchaser TITLE NO. P. JAMES/KELLY To: MICHAEL P. GLEW and CLAIRE &. GLEW,' his wife. Standard Form of New york Board of Title UnderWriters Distributed by TITLE INSURANCE Company of New York PREMISES Secdon Block Lot. County or Town Street Numbered Address Recorded At Request of I~'[11~ TITLE INSURANCE Company of New York RETURN BY MAIL TO: FREDERICK J. TEDESCHI ATTORNEY AT LAW 218 FRONT STREET, BOX 562 GREENPORT, N.Y. 11944 516 477-2048 Zip No. APPEALS BOARD MEMBERS GERARD P-GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H.$AWlCKI JAMES D1NIZIO, JR. TELEPHONE (516) 765"18~ FAX NO. (516) 765-18~ ACTION OF THE BOARD OF APPEALS Appl. No. 3893 Matter of MICHAEL AND CLAIRE GLEW. Variance to the zoning Ordinance, 280-A Approval of-Access Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwelling). Property Location: 61339 Main Road, Southold, County Tax Map No. 1000, Section 56, Block 1, Lot 41. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of MICHAEL AND CLAIRE GLEW, under Appeal No. 3893; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board' Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Main Road 25 S.R., Town of Southold, and is identified · on the Suffolk County Tax Maps as District 1000, Section 56, Block 1, Lot 41. 2. This is an application for Variances from the Zoning Code 280-A Access Right-of-Way, (Article XXVIII, Section 100-281 B), for permission to construct a one family dwelling. Page 2 - Appl. No. 3893 Matter of MICHAEL AND CLAIRE GLEW Decision rendered January 9, 1990 3. 280-A Approval of Access of Right-of-Way, Article X~/VIII, Section 100-281 B, No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by 280-A of the Town Law. 4. In considering this application, the Board finds and determines: (a) That the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) pursue; that there is no other method for appellants to (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was Page 3 - Appl. No. 3893 Matter of MICHAEL AND CLAIRE GLEW Decision rendered January 9, 1990 RESOLVED, to GRANT a Variance in the matter of the application of MICHAEL AND CLAIRE GLEW as applied under Appeal No. 3893 for approval of 280-A, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the road be width widen to 12 ft. north of railroad crossing for a distance of approximately 680+- ft., beginning of subject property. to 2. Grade road at R.R. crossing with additional fill to provide grades not more than 8% with 1 on 4 side slopes. Use material containing 15% or more of small gravel, sand and 15% or more of loam. 3. Place a 2" compacted surface of 3/4" stone blend on the 12 ft. width. 4. Last 250+- ft. (12 ft. width: Do any necessary clearing to provide 3 ft. of clearance on sides of road. 5. A profile should be submitted indicating how this 250 ft. length road will meet the present road as updated. 6. Remove topsoil for 12". Replace with compacted material same as shown at 2. Note: The profile will indicate depth of replaced material which should not be less than 6". 7. The purpose ahd cause of this enhanced 280-A approval is to maintain access of proposed 94,829 sq. ft. lot of minor subdivision, therefore, improvements are to be made only to beginning of this lot. (shown as lot ~2 on minor subdivision lot Dated: 1/26/89 R. Van Tuyle), remainingimprovements are contained in Appeal 3605, Ted Dowd, rendered on July 16, 1987. 8. That final approval for the road shall be inspected by · Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio (Absent: Joseph Sawicki). This resolution was duly adopted. df PHONE:54e-3450 SUFFOLK COUNTY CLERK'S OFFICE Edwar~ P. Eomazne, COUNTY CLERK ~TOWn of Southold Assessor own of Southold Planning Board Chief Deputy County Treasurer To Whom This May Concern: The Subdivision Map Of: Was Filed, Filed Number, A}.stract Number, Township, Southold Owner: Very truly yours, County Clerk Map DePartment L_ Form No. ~ 9 Mr. Orlowski: 7:30 p.m. James Patrick Kelly - This set-off is for two lots on 8.182 acres located on the north side of Main Road, on a private road known as Mill Path, approximately 800 feet east of Bay Home Road in Southold. SCTM ~1000-56-1-4.1. We have proof of publication in both local papers and everything is in order for a final hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this subdivision that may be of interest to the Board? Any questions from the Board? Board: No questions. Mr. Orlowski: Being there are no further questions, I'll entertain a motion to close the hearing. Mr. Ward: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Does the Board have any pleasure on this? Mr. McDonald: Mr. Chairman, I would like to offer the following motion. WHEREAS, Michael P. Glew, Claire L. Glew and James P. Kelly are the owners of the property known and designated as SCTM ~1000-56-1-4.1, located at the north side of Main Road off a private road known as Mill Path; approximately 800 feet east of Bay Home Road in Southold; and WHEREAS, this application, to be known as "set-off for James Patrick Kelly", is to set-off a 2.177 acre parcel from a 9.182 acre parcel, and; WHEREAS, a variance for approval of 280-A was granted subject to eight (8) conditions by the Zoning Board of Appeals on January 9, 1990; 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 May 15, 1990; and ',1~" SOUTHOLD TOWN ~L~NNIN~RD 3 FEBRUARY ~1992 WHEREAS, a final public hearing was closed on said set-off application at the Town Hall, Southold, New York on February 3, 1992; 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 August 21, 1990 with the following condition to be affixed to the map: No building permit shall be issued for construction until all conditions of the January 9, 1990 variance for approval of 280-A have been fulfilled. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps). **************************************** Mr. Orlowski: 7:35 p.m. William B. May & Jeanne A. May and Jeanne A. May individually - This lot line change is to subtract .86 of an acre from a 1.16 acre parcel and add it to a 1.8 acre parcel located on Fishers Island. In addition, lot 7 which consists of .58 acres, and the southern portion of Reservoir Road, consisting of 1.19 acres, will be merged with lot 9. SCTM ~1000-9-9-6.1,7 & 9. We have proof of publication in both the local papers and at this time everything is in order for a final hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Hearing none, are there any questions from .the Board? Board: No questions. Mr. Orlowski: Being no further questions, I'll declare this hearing closed. Does the Board have any pleasure on this. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. WHEREAS, William B. May, Jr. and Jeanne A. May and Jeanne B. May individually are the owners of the property known and designated as SCTM # 1000-9-9-6.1, 7, 9 and Reservoir Road, located at Reservoir Road on Fishers Island; and COUNTY OF.SUFFOLK STATE OF NEW LEGALS NOTICE Notice of Public Hearing NOTICE IS HEREBY GIV~ EN that pursuant to S~ction 276 of the Town Law, a public hear- ing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 3rd day of February 1992, on the question of the following: 7:30 P.M. Final approval for this lot line change for William B. May and Jeanne A. May and Jeanne A. May individually on Fishers Island, in the Town of Southold, County of Suffolk, and the State of New York. Suf- folk County 'l~x Map Number 1000-9-9-6.1, 7, 9 and Reservoir Road. The property is bordered on the north by land now or formerly of Wilmerding; on the northeast by land now or formerly of George K. Conant and W.F. Conant, by land now or formerly of Christina Rhodes, by land now or former- ly of Union Free School; on the west by land uow or formerly of Gada Family Partnership; on the southwest by land now or formerly of Sandra Collyer and Michael Collyer, by land now or formerly of Tiffany S. Gordon and by land now or formerly of Richard C. Gilbert; on the southeast by land now or formerly of William Wood and W.F. Wood, by land now or formerly of Willian-i H. Wood, Jr., by land now or t'ormerly of Kenneth Peterson; on the east by land now or formerly of John C. Evans; on the northeast by land now or formerly of Nancy C. Hickey; on the north, south, east and west by land now or formerly of Caroline C. Cleveland and Mrs. Donald Cleveland. 7:35 P.M. Final approval for the set off for James Patrick Kelly at Southold, Town of Southold, County of Suffolk P,~h'icln Wood,' being dLiIy sworn, says that she is the Editor, orTIIF LONG ISLAND TP, AVELER-WATCHMAN, ;~ public newspaper printed at SoulhoM, in Suffolk Counly; ;lnd Ihal the notice or which lhe ,~nnexed is ,~ print, cd copy, h,~s hecn i~uhlished in s;li(l I_ong Island 'l'r;welcr-W;Hchm;m successivcly,commencin~on tlac ........... 7 ......... 5wnrn h) [)Cf(H'C' me (his ') ~ ~ ,:Iii'), of .......... ;)¢:;'>~"~ ~'1 ..... I 9 ."{ ~ and the State of New York. Suf- ........... .?; .... . / folk County Tax Map Number :'~-~ /~ .¢ . ?. :;,4 ~ ~-/i,'.~-. ..... 1000-56-1-4.1. The property is bordered on the north and east by land nor or formerly of Lang; on the south by Mill Path; on the west by land now or formerly of Lang. 7:40 P.M. Preliminary ap- proval for North Fork Industrial Park at Cutchogue, Town of Southold, County of Suffolk and the State of New York. Suf- folk County Tax Map Number 1000-96-1-1. The property is bordered on the northeast by land now or formerly of Frank McBride; on the southeast by Middle Road (C.R. 48); on the southwest by Depot Lane; on the northwest by land now or formerly of Mildred Goodwin, and by land now or formerly of John P. Krupski. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: January 17, 1992 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman 1X-1/23/92(11) Notary Public BARBARA A. SCHNEIDER NOT;,RY PUBLIC, Slate ol New York No. 4~0G846 Qualiliorl in Sullotk CoL)ntyz Commission Expires LEGAL NOTICE Notice of Public Hearing NOTICE IS I [EREBY GIVFJq that pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Plan- ning Board, at [he Town ltall, Main Road, Sou[hold, New York in said Town on the 3rd day of February 1992 on thc question of the follow- ing: 7:30 P.M. Final approval for [his lot line change for William B. May and Jeanne A. May and Jeanne A. May individually on Fishers Is- land, in the 2'own of Southold, County of Suffolk and the State of New York. Suffolk County Tax Map Number. 1000-9-9-6.1, 7, 9 and Reservoir Road. *Die property is bordered on thc north by land now or fom~erly of Wilmerding; on the northeast by ]and now or fommrly of George K. Conant and W.F. Conant, by land now or formerly of Christina Rhodes, by land now or fommrly of Union Free School; on the west by land now or formerly of Gada Fam- ily Partnership; on the southwest by land now or formerly of Sandra Collyer and Michael Col]yer, by land now or formerly of Tiffany S. Gordon and by land now or formerly of Richard C. Gilbert; on the southeast by land now or formerly of William Wood and W.F. Wood, by land now or formerly of William H. Wood, Jr., by land now or formerly of Kenneth Peterson; on the east by land now or formerly of John C. Evans; on the northeast by land now or fonmerly of Nancy C. llickey; on the north, south, east and west by land now or formerly of CaroLine C. Cleveland and Mrs. Donald Cleveland. 7:35 P.M. Final approval for the set off for James Patrick Kelly at Southold, Town of Southold, County of Suffolk and the State of New York. Suffolk County Tax Map Number. 1000-56-1-4.1. The property is bordered on the north and east by land now or fommrly of Lang; on the south by Mill Path; on the west by land now or formerly of Lang. 7:40 P.M. Preliminary approval for North Fork Industrial Park at Cutchogue, Town of Southold, County of Suffolk. State of New York. Suffolk County Tax Map Number. 1000-96-1-1. This properly is bordered in the northeast by land now or formerly of Prank McBride; on the southeast by Middle Road (C.R. 48); on the southwest by Depot Lane; on the northwest by land now or formerly of Mildred Goodwin, and by land now or formerly of John P. Kmp ski. Any person desiring to be heard on ~he above matter should appear at thc time and place specified. Dated: Janua~ 17, 1992 BY ORD ET~ OF 'IltE SOGIlIOI.D'IDWN PLAN~qLNG BOARD Bennett Orlowski, Jr. Chairman 7275-1TJ23 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) of Mattituck, In ~ald County, being duly sworn, says that he/she Is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuclh In the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed IS a printed copy, has been regularly published in said Newspaper once each week for / weeks successlve~l~, commencing on the ~:~/t4~ day of Principal Clerk Sworn to before me this -~ dayof ,J~-~ 10 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 January 14, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Claire Glew P.O. Box 188 Orient, New York 11957 RE: Set-off for James Patrick Kelly SCTM# 1000-56-1-4.1 Dear Mrs. Glew: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, January 13, 1992. BE IT RESOLVED that the Southold Town Planning Board set Monday, February 3, 1992 at 7:30 P.M. for a final public hearing on the maps dated August 21, 1990. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr Chairman UECLARATION OF COVENANTS'AND RESTRICTIONS THIS DECLARATION made by Michael P. Glew, and Claire L. Glew residing 1740 Village Lane, Orient, NY 11957 and James P. Ke~l~.~esiding a~ 613~9 Main Road, Southold, NY 11971 this ~-~ day of '~__~_~__, 1991, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: WHEREAS, DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct and/or approval or development or other construction project on the PREMISES; and 2. WHEREAS, the PREMISES are to be served by an individual onsite private well; and WHEREAS, the test wells sampled for the PREMISES indicated that test results were within the minimum drinking water standards and/or guidelines of the State of New York and results are attached hereto as Schedule C. Each chemical parameter which exceeds 60% of the acceptable level is indicated with an asterisk; and WHEREAS, it has been determined that water quality of private wells is subject to change; and WHEREAS approval of the DEPARTMENT does not guarantee that the water quality will always meet drinking water standards; and WHEREAS the DEPARTMENT recommends periodic comprehensive water analysis of such well in order to monitor the water quality to prevent the unknowing consumption of contaminated water, the DECLARANT, its successors, heirs, or assigns agrees if said water analysis should indicate water contamination in excess of the minimum drinking water standards and/or guidelines of the State of New York, DECLARANT, its successors, heirs, or assigns may be required to, A. connect to public water, or B. install necessary water conditioning equipment so as to meet the minimum drinking water s'candards and/or guidelines of the State of New York. The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. Ail of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the DEPARTMENT. The declarations set forth in the WHEREAS clauses contained herein shall be deemed and construed to be promises, covenants, and restrictions as if fully repeated and set forth herein. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not 10. affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. Local Law ~32-1980 - The DECLARANT represents and warrants that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of any agreement, and that such person has read and is familiar with the provisions of Local Law 932- 1980. ~'~ . Michael P. Glew ~ ~ , /x? Claire L. Glew STATE OF NEW YORK ' SS ' C~UNTY OF SUFFOLK On-the %~ day of ~f , 1991, before me personally came Michael P. Glewan~ Claire L. Glew, to me known to be the individuals described in and who executed the foregoing instrument and ackno~~,the~same. STATE OF : SS. : COUNTY OF SUFFOLK On the ~$ day of %~Z~' , 1991, before me personally came ja~es p. Kelly Go m~ known to be the individual described in and who executed the foregoing instrument and acknowledged that they executed same. otar!~Pubiic : Sta~e of New Yore MAR~' ANN CYBULSF, I NO*[ARY PUBLIC State o1 New ¥or~ Residing m SL~flolk Couflty No 5~-5895900 SCHEDULE' A DESCRIPTION OF PROPERTY DECLARANT: Michael P. Glew, Claire L. Glew & James P. Kelly H.D. REF. NO. : 89-275 Glew ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN THE TOWN OF SOUTHOLD, CO~ OF SUFFOLK AND STATE OF NEW YORK BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN INTERIOR POINT, WHERE THE SAME IS INTERSECTED BY THE NORTHWESTERLY SIDE OF LAND NOW OR FORMERLY OF HARRY ADAMS, SAID POINT OR PLACE OF BEGINNING ALSO DISTANT 660 FEET NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE NORTHWESTERLY SIDE OF MAIN (STATE) ROAD WITH THE SOUTHWESTERLY SIDE OF LAND NOW OR FORMERLY OF LANG TO THE TRUE POINT OR PLACE OF BEGINNING; RUNNING THENCE FROM SAID POINT OR PLACE OF BEGINNING ALONG THE NORTHEASTERLY SIDE OF LAND NOW OR FORMERLY OF LANG, THE FOLLOWING FIVE (5) COURSES AND DISTANCES: (1) NORTH 12 DEGREES, FEET; (2) NORTH 18 DEGREES, FEET; (3) NORTH 55 DEGREES, FEET; (4) NORTH 80 DEGREES, 24 MINUTES, 20 SECONDS EAST 70.0 FEET; (5) SOUTH 18 DEGREES, 28 MINUTES, 20 SECONDS EAST 709.39 FEET TO THE NORTHWESTERLY SIDE OF LAND NOW OR FORMERLY OR HARRY ADAMS; AND 57 MINUTES, 10 SECONDS WEST 305.84 42 MINUTES, 30 SECONDS WEST 655.59 42 MINUTES, 30 SECONDS EAST 471.25 THENCE ALONG SAID LAST MENTIONED LAND TO THE FOLLOWING FOUR (4) COURSES AND DISTANCES: (1) SOb-TH 69 DEGREES, 09 MINUTES, FEET; (2) SOUTH 33 DEGREES, 00 MINUTES, FEET; (3) SOUTH 23 DEGREES, 53 MINUTES, FEET; (4) SOUTH 17 DEGREES, 20 MINUTES, 20 SECONDS WEST 107.95 FEET TO THE POINT OR PLACE OF BEGINNING. 40 SECONDS WqZST 194.71 20 SECONDS WEST 200.00 30 SECONDS WEST 200.49 FOR INFORMATION ONLY: DISTRICT 1000 SECTION 056.00 BLOCK 01~.00 LOTS 004.002 AND 004.003. SCWULE C TE~T WELL WATER ANALYSIS ~TURN TO: SUFFOLK COUN~"f DEPA/~T~4~NT OF HEALTH SERVICES, BUREAU OF DRINKING WATER 225 RA~RO DRIVE, HAUPPA. UGE, N.y. 11788 *** Fee of $400.00/well received on 3% Health Dep't Ref. Nun~ber 2* Name Rec'd by SCDHS :f /t/ .5"'-i Yo Mailing Address - If Different 9* Street Name 8* Village Zip Code 23* Home Telephone 31' Well Depth Business # 33*Depth to Water 44* Water Filter Installed TAX ~p NUMBER - From the tax bill 14' District / 13' Section 16' Block No.. / 17' Lot NO. ~,/ Directions to the Sanitarian: ~l._~.Locate test well on subdivision map or tax map. 2.~Total depth an~ static water level ~checked? /Yes NO ~ R~n time, s~lple tap a~--~PM ~oted~ ~If an existing hose is sampled be sure to test the raw water only. This section for official use only 20* Supply Type Priv 46* Well Driller 57* Fiel.d Tests C12 pH Electrolysis Check - Amperage 51' Sample Date 54* Sample Tap Kit Bat~ O-~ Other :z 47* Elapsed Run Time 24* GPM 50'51' Resample Date 50'5~* Resample Tap 7* Township Code TBA TBR TEH THU TIS__ TRI. TSI TSM TSH__ TOS_.~ Samples Collected: Bac't_, Part Chem~ VOC's Cd & Pb ~' 4 vials / MBAS ~ 2 vials Pesticide ~' large Sanitarian ~0HEDULE C Lab No. Field No. Date: Time: Col. By: Location (Name not initials) Point of Collection i99'3 Date Received in Lab Public Water Private Water Other Date Comploted Examined By SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES PUBLIC HEALTH LABORATORY CHEMICAL EXAMINATION OF WATER / [~ ~)~'-~.~) ,~'--'- Owner or District LEGIGILITY POOR Remarks: (1) Results Reported as Micrograms Per Liter. Padial [~ Complete [] Metals Onl,' [] Spec. Co~. !7~ ............ 75 ~rnh~S/cm ~ ~" 84 T, Alkalinity (mg/I CaC03) 73 J pH ~ ~Oi 82 T. Hardness (mg/I CaC03) 88 TotalHydP(mg/I) JN~tes 78 N~t~ (m~/I NJ ~ ~ 83 Ca Hardne~ (mg/I CaCO3) 90 Fluoride Jmg/I 76 J Fr~Amm~iaJ~/IN) ~ ~, ~ ~ Mg Hardness (m9/I CaC03) ~ Nitdtes (mg/I N) 1~ Arsenic (1) ~ I~(~/IFe) ~ ~ ~ 125 Selenium (1) ~1 ~ Ma~an~e(mg/IMn} ~0 ~ ~ ~ Cadmium (1) 32 J~(~llCul ~ ~,/ ) -~ Lead (1) ~ [~ium(~/lNa) /~ 126 Silver (1] Z~/IZn) ~ ~ ,~ 1~, Chromium (1) ~ 124 ~ercu~ (1)  -- -- ~ ~1 8adum (mg/I ~1 Director r*qB'fP .OoMC . 5o~,/ Field NO. Date Col. By ~s SC LE C Other Name .( /,) ~' , $~mple ~ap: N,~her of ~le viala aubu~itted Raw__ Treated Well__ Tank Kit.__ Bth oT Other DB9 ComDoun~ oDb 306 vinyl chloride ....... 305 methylene chloride ... -- 323 1,1 dichloroethane ... 309 trans 1,2 dichl'ethene 300 chloroform 324 1,2 dichloroethane ... 321 1,1,1 trichloroethane 304 carbon te~rachloride . 294 1 bro~=~ 2 chloroethan= 405 1,2 dichloropropane .. 310 trichloroethene ...... 303 chlorodibr~ethane . 293 1,2 dibro~u~ethane .... 420 2 br~ i chloropropan 301 br~m~form ............ 311 tetrachloroethene .... 308 cia 1,2 dichloroethene -- 320 freon 113 ............ 292 dibrc~-~thane 302 bromodichloromethane . 406 2,3 dichloropropene .. 407 cia d~chloropropene .. 408 trans d~chloropropene 322 1,1,2 trichloroethane 409 1112 tetrachlo'ethane 295 s-tetrachloroethene .. 433 1,2,3 tr£ch~oropropane -- 450 2,2 dichloropropane .. 451 1,3 dichloropropane .. 452 2 chlo'ethylvinylether -- DB9 Comnound 250 benzene .................... 251 toluen= .................... 258 chlorobenzene 259 ethylbenzene ............... 254 o-xylene ................. ~. oob 252 m-xylene .... 253 p-xylene ..... 255 total x~lene 266 2-chloro~oluene (o) ........ 267 m-chlorotolu~ne ............ 268 4-chlorotoluene (p) ........ 265 total cb~orotoluene ........ 419 1,3,5 tr~nethylbenzene 418 1,2,4 trimethylbenzene ..... 415 m,p-dichlorobenzene ........ 412 1,2 dichlorobenzene (o) .... 432 p-diethylbenz~ne ....... 435 1,2,4,5 tetramethylbenzene . __ 437 1,2,4 trichlorobenzene ..... 438 1,2,3 trichlorobenzene ..... 600 ethenylbenzene (atyrene) ... 601 I ~thylethylbenzene(c~unene) 602 n-propylbenzene 604 ~ec-bu~ylbenzene .......... . 605 i~opropyltoluene (p-cymene) 606 n-butylbenzene ............. 607 hexachlorobutadiene ........ 608 1,2 dibromo 3-chloropropane Lab No. TO- -- Pa Col. By ~.g~, ~/~_ SCHEDULE C Private Well Exam. By ( SUFFOLK COUNTY DEPARTMENT OF .HEALTH SERVICES . PUBLIC HEALTH LABORATORY F~ DIVISION OF MEDICAL ~GAL ORCANOHALIDE INVESTIGATIONS & ~O~NSIC SCIENCEs --~ PESTICIDE ~ALYSIS .dF WATER Name /' ~ } ~f ~ ~? ~',, .... ~ ~,~.2 ~ ;.... Address /~ '- ~ /.~ ' ~, ~ . . Sample TaD Kit - Bth ~ 0T ~ - Other ' <:'?' 4 Vials- ~" Compound ppb alpha~BHc beta-BHC ~o.~ gamma-BH~ delta BHC Heptachlo~ Heptaehlor epoxide... Aldrin Dieldrin ............... Endosulfan I Compound 4 4 DDE 4 4 DDD 4 4 DDT Endrin Endrin alde Chlordane Alachlor Methoxychlor Endosulfan '. Field# (51) Date Col. By SCHEDULE C Rec'd in Lab Pu]Dlic Water Private water Or.er Date Completed L~D (3) Last Name (2) First (4) Street# (9) Street /~,1/ ~" / (8) Community (54) Sample Tap . ' (R/T) "~ Raw _ Treated {20) ~o~z~ . Nuom /~ Prlv Surf .~Test Well (31) Well Depth (14) District (13} Section (16) Block / (27) Lot ~iling Address Remarks 4~/ ~,,.'.'~-,,',,-.- , ~.,,.- ' . (2~3) (425 (426 (224 (427 (428 (429 (554 (430 Aldicarb .... ~ / A~dicarb Sulfoxide . ~ I Aldicarb Sulfone ... ~ ~ Carbofuran .... ~ I 3-Hydro~Ycarbofuran -~ 1 Oxamyl ....... ~ ~ Carbaryl ......... ~ ; 1-Napht hol . . ~f MethOmyl .......... ~ (550) B~ygon ......... ( / (551} Methlocarb ........... ~- ~ the Suffolk County Tax Map as District 1000 Section 56 Block 1 Lot 4.3 being the premises described in deed recorded in the Suffolk County Clerks Office on November 16, 1989 in Liber 10967 page 530 a metes and bounds description of which is shown on schedule (A) attached hereto and made a part hereof, hereinafter referred to as the "premises". WHEREAS, the Declarant intends to set-off said premises for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions. NOW THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed there to, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions herein set forth. 1) Said premises shall have a conversation easement area of 75 feet around the pond. 2) No structure or building shall be placed within the easement area. The terms "structure" and "building" shall be interpreted as including swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement ~f fences, retaining walls and bulkheads. The entire easement area shall remain in its natural state. The easement area shall not be filed with soil, sand, brush or other debris. 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. 6) These covenants will be effective only at such time as the Southold Town Planning Board endorses the final map for the above mentioned premises. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof, except with the permission of the Southold Town Planning Board, or its equivalent successor. Said covenants, conditions, and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, their heirs, successors and assigns, any owner of any portion of the aforesaid premises, their heirs successors and assigns, and the Town of Southold, and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. IN WITNESS WHEREOF this indenture has been executed the day and year first above written, v- Michael P. Glew Claire L. Glew STATE OF NEW YORK ~OUNTYOF SUFFOLK On the ~ day of ~£ 1991, before me personally came Michael P. Glew . Glew, to me known to be the individuals described in and who executed the foregoing instrument and acknowledg~d~that they executed same. NOTARY PLfi~LIC, State of ~,~. y. NO. 4725089, Suffolk CouAt[ Term Expires May 31, 19 ~ SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT: Michael P. Glew, Claire L. Glew Beginning at a point on a private road known as "Mill Path" at the southeasterly corner of land of the party of the first part and the southwesterly corner of land of Lang' running thence along said "Mill Path" S.69 09'40"W.-25.02 feet; thence along other land of the party of the first part, three courses: (1) N.18 28'20"W.-308.87 feet; thence (2) S.71 31'40"W.-195.0 feet; thence (3) N.18 28'20"W.-369.61 feet to land of Lang; thence along said land of Lang, three courses: (1) N.55 42'30"E.-156.78 feet; thence (2) N.80 24'20"E.-70.0 feet; thence (3) S.18 28'20"E.-709.39 feet to the point of beginning. Containing 2.177 acres. Together with a right of way over said "Mill Path" about 1400 feet southwesterly to the Main Road. SCTMg1000-56-1-4.3 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION made by Michael P. Glew, and Claire L. Glew residing at 1740 Village Lane, Orient, NY 11957, and James P. Kelly ~siding at~1339 Main Road, Southold, NY 11971, this \~% day of ~J~ , 1991, hereinafter referred to-as the DECLARANT, las the owner of the premises described in Schedule "A" annexed hereto (hereafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: .o o oo oo - DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct, approval of plans or approval of a subdivision or development on the PREMISES. As a condition for approval of the DEPARTMENT of such subdivision or development application, the DECLARANT agrees that fill will be placed on said PREMISES where such fill shall be sufficient to provide adequate grade to allow the installation of a three (3) pool sewage disposal system in accordance with construction standards or guidelines of the DEPARTMENT in effect at the time of construction and that such fill requirement shall be a condition for approval of individual construction applications. The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. Ail of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. o This document is made subject to the provisions of all laws required by law or by their provisions to o be incorporated herein and they are deemed to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the DEPARTMENT. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. Local Law ~32-1980 - The DECLAi{ANT represents and warrants that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local Law #32- 1980. Claire L. Glew s P. Kelly STATE OF NEW YORK COUNTY OF SUFFOLK a~~.~ ~ , 1991, before me personally On the came Michael P. Glew e L. Glew, to me known to be the individuals described in and who executed the foregoing instrument and acknowled~at they executed same. ..__~)~_.L~T._!. ~OR', JR. STATE OF NEW YORK : ss. : COUNTY OF SUFFOLK On the ~/~ day of ~ , 1991, before me personally came James P. Kelly tXo m~ known to be the individual described in and who executed the foregoing instrument and acknowledged that they executed same. Notar~ Public : St~fte of New York MAR'~ ~NN CYBUL~!~I. NOIARY PUBLIC State of N~W I'or~ Residing m Suffolk No 52-~0 SCHEDULE A DESCRIPTION OF PROPERTY DECLARANT: Michael P. Glew, Claire L. Glew & James P. Kelly H.D. REF. NO. : 89-275 Glew ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN THE TOWN OF SODT~OLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN INTERIOR POINT, WHERE THE SAME IS INTERSECTED BY THE NORTHWESTERLY SIDE OF LAND NOW OR FORMERLY OF HARRY ADAMS, SAID POINT OR PLACE OF BEGINNING ALSO DISTANT 660 FEET NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY FROM THE CORNER FORMED BY THE INTERSECTION OF THE NORTHWESTERLY SIDE OF MAIN (STATE) ROAD WITH THE SOUTHWESTERLY SIDE OF LAND NOW OR FORMERLY OF LANG TO THE TRUE POINT OR PLACE OF BEGINNING; RUNNING THENCE FROM SAID POINT OR PLACE OF BEGINNING ALONG THE NORTHEASTERLY SIDE OF LAND NOW OR FORMERLY OF LANG, THE FOLLOWING FIVE (5) COURSES AND DISTANCES: (1) NORTH 12 DEGREES, 57 MINUTES, 10 SECONDS WEST 305.84 FEET; (2) NORTH 18 DEGREES, 42 MINUTES, 30 SECONDS WEST 655.59 FEET; (3) NORTH 55 DEGREES, 42 MINUTES, 30 SECONDS EAST 471.25 FEET; (4) NORTH 80 DEGREES, 24 MINUTES, 20 SECONDS EAST 70.0 FEET; (5) SOUTH 18 DEGREES, 28 MINUTES, 20 SECONDS EAST 709.39 FEET TO THE NORTHWESTERLY SIDE OF LAND NOW OR FORMERLY OR HARRY ADAMS; AND THENCE ALONG SAID LAST MENTIONED LAND TO THE FOLLOWING FOUR (4) COURSES AND DISTANCES: (1) SOUTH 69 DEGREES, FEET; (2) SOUTH 33 DEGREES, FEET; (3) SOUTH 23 DEGREES, FEET; 09 MINUTES, 00 MINUTES, 53 MINUTES, 40 SECONDS WEST 194.71 20 SECONDS WEST 200.00 30 SECONDS WEST 200.49 (4) SOUTH 17 DEGREES, 20 MINUTES, 20 SECONDS WEST 107.95 FEET TO THE POINT OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 056.00 BLOCK 01.00 LOTS 004.002 AND 004.003. 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 July 16, 1991 scoq~F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Michael and Claire Glew P.O. Box 188 Orient, New York 11957 RE: Michael & Claire Glew SCTM9 1000-56-1-P/O 4.3 Dear Mr. and Mrs. Glew: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, July 15, 1991. BE IT RESOLVED that the Southold Town Planning Board grant a six month extension of sketch approval from July 26, 1991 to January 26, 1992. The Planning Board has allowed an additional extension of sketch approval due to the fact that you have been diligently trying to obtain Health Department approval by preparing the Covenants and Restrictions required by that Department. This is the last extension that the Planning Board will be granting. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr./ ~r Chairman June 10, 1991 Town of Southold Planning Board 53095 Main Road Southold, NY 11971 Dear Mr. Re: Set-off of James P. Kelly/Glew SCTM#1000-56-1-p/o 4.1 Orlowski, Due to unforeseen circumstances I will not be able to meet my June deadline. I would ask for an extension of no more than six months due to the fact that the Suffolk County Health Department has not given me approval as of today's date. Currently I am waiting for my covenants and restrictions to be approved and then I will have Health Department approval. Thank you for your cooperation in this matter. Claire L. Glew June 10, 1991 Town of Southold Planning Board 53095 Main Road Southold, NY 11971 Dear Mr. Re: Set-off of James P. Kelly/Glew SCTM#1000-56-1-p/o 4.1 Orlowski, Due to unforeseen circumstances I will not be able to meet my June deadline. I would ask for an extension of no more than six months due to the fact that the Suffolk County Health Department has not given me approval as of today's date. Currently I am waiting for my covenants and restrictions to be approved and then I will have Health Department approval. Thank you for your cooperation in this matter. Claire L. Glew 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 January 15, 1991 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Michael and Claire Glew P.O Box 188 Orient, New York 11957 RE: Michael & Claire Glew SCTM#1000-56-1-4.3 Dear Mr. and Mrs Glew: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, January 14, 1991. RESOLVED that the Southold Town Planning Board grant a six (6) month extension of sketch approval from January 26, 1991 to July 26, 1991. This is the last extension the Planning Board will be granting. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman ~ January 9, 1991 Town of Southold Planning Board 53095 Main Road Southold, NY 11971 Re: SCTM# 1000-56-1-4.3 Michael & Claire Glew Dear Sir, I would like to request an additional six month extension on my two arce set-off, due to delays with the Suffolk County Health Department. Your attention in this matter will be greatly appreciated. Claire L. Gtew Declaration of Covenants & Restrictions DECLARATION made this day of 1990, by Michael P. & Claire L. Glew, residing at 1740 Village Lane, Orient, NY, hereinafter referred to as the "Declarant"; WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situated at Southold, Town of Southold County of Suffolk, and State of New York, and designated on the Suffolk County Tax Map as District 1000 Section 56 Block 1 Lot 4.3 being the premises described in deed recorded in the Suffolk County Clerks Office on November 16, 1989 in Liber 10967 page 530 a metes and bounds description of which is shown on schedule (A) attached hereto and made a part hereof, hereinafter referred to as the "premises". WHEREAS, the Declarant intends to set-off said premises -for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions. NOW THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed there to, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions herein set forth. 1) Said p~emises shall have a conservation easement area of 75 feet around the pond. 2) 3) No structure or building shall be placed within the easement area. ,? The entire easement area shall state. remain in its natural 4) The easement area shall not be filed with soil, sand brush or other debris. 5) 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 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. 6) These covenants will be effective only at such time as the Southold Town Planning Board endorses the final map for the above mentioned premises. Declaration of Covenants & Restrictions DECLARATION made this day of 1990, by Michael P. & Claire L. Glew, residing at 1740 Village Lane, Orient, NY, hereinafter referred to as the "Declarant"; WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situated at Southold, Town of Southold County of Suffolk, and State of New York, and designated on the Suffolk County Tax Map as District 1000 Section 56 Block 1 Lot 4.3 being the premises described in deed recorded in the Suffolk County Clerks Office on November 16, 1989 in Liber 10967 page 530 a metes and bounds description of which is shown on schedule (A) attached hereto and made a part hereof, hereinafter referred to as the "premises". WHEREAS, the Declarant intends to set-off said premises for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions. NOW THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed there to, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions herein set forth. 1) Said premises shall have a conservation easement area of 75 feet around the pond. 2) No structure or building shall be placed within the easement area. 3:' 3) The entire easement area shall remain in its natural state. 4) The easement area shall not be filed with soil, sand brush or other debris. 5) 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 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. 6) These covenants will be effective only at such time as the Southold Town Planning Board endorses the final map for the above mentioned premises. 7) That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof, except with the permission of the Southold Town Planning Board, or its equivalent successor. Said covenants, conditions, and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, their heirs, successors and assigns, any owner of any portion of the aforesaid premises, their heirs successors and assigns, and the Town of Southold, and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. IN WITNESS WHEREOF this indenture has been executed the day and year first above written. Michael P. Glew Claire L. Glew State of New York) )SS.: County of Suffolk) On the day of 1990, before me personally came Michael P. Glew to me known to be the individual described in and who executed the foregoing instrument, and.~ acknowledged that he executed the same. Notary Public State of New York) )SS.: County of Suffolk) On the day of 1990, before me personally came Claire L. Glew to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public SCHEDULE A Beginning at a point on a private road known as "Mill Path" at the southeasterly corner of land of the party of the first part and the southwesterly corner of land of Lang' running thence along said "Mill Path" S.69°09'40"W.-25.02 feet; thence along other land of the party of the first part, three courses: (1) N.18°28'20" W.-308.87 feet; thence (2) S.71°31'40"W.-195.0 feet; thence (3) N.18°28'20"W.-369.61 feet to land of Lang; thence along said land of Lang, three courses: (1) N.55°42'30"E.-156.78 feet; thence (2) N.80°24'20"E.-70.0 feet; thence (3) S.18°28'20"E.-709.39 feet to the point of beginning. Containin9 2.177 acres. Together with a right of way over said "Mill Path" about 1400 feet southwesterly to the Main Road. SCTM#1000-56-1-4.3 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 sco'Fr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 June 5, 1990 Claire Glew P.O. Box 188 Orient, NY 11957 RE: Set-Off proposal for James Patrick Kelly SCTM# 1000-56-1-4.1 Dear Ms. Glew: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, June 4, 1990. RESOLVED that the Southold Town Planning Board grant a six month extension of sketch approval from July 26, 1990 to January 26, 1991. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ~ 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 May 15, 1990 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Claire Glew P.O. Box 188 Orient, New York 11957 RE: Set off proposal for James Patrick Kelly SCTM~1000-56-1-4.1 Dear Ms. Glew: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday,. May 14, 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, Kr. Chairman Encl. 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 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 May 15, 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 environmen~ and a Draft Environmental Impact Statement will not be prepared. Name of Action: James Patrick Kelly SCTM#: 1000-56-1-4.1 Location: The north side of Main Road, on a private right-of-way known as Mill Path, approximately 800 feet east of Bay Home Road. SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Set off of 94,829 square foot lot from 9.182 acre parcel. Page 2 James Patrick Kelly SEQR Negative Declaration Con't. Reasons Supporting This Determination: An Environmental assessment has been submitted, reviewed and it has 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 co~ents or objections from that agency. Because there has been no correspondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. The Planning Board has requested that a 75 foot conservation easement be placed around the pond. This area is to remain in its natural state with no buildings or structures. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 cc: Suffolk County Department of Health Services David Morrell, DEC Commissioner Judith Terry, Town Clerk Board of Trustees Applicant May 11, 1990 Town of Southold Planning Board 53095 Main Road Southold, NY 11971 Re: Set-off of James P. Kelly/Glew SCTM9 1000-56-1-p/o 4.1 Dear Mr. Orlowski, Enclosed please find 8 surveys with the conservation easement of 75 feet around the pond as requested by your office. At this time I would like to ask for an extenstion for final approval due to the fact that we do not have Suffolk County Department of Health approval. If you need additional information feel free to call at any time. Sincerely, Claire L. Glew Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'ITL. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765~1800 April 25 1990 Claire Glew P.O. Box 188 Orient, New York 11957 RE: Set-off Proposal for James Patrick Kelly SCTM% 1000-56-1-4.1 Dear Mrs. Glew: Enclosed is the Trustees report of April 18, 1990, regarding the above mentioned subdivision. The Planning Board wants a seventy-five (75) foot conservation easement around the pond to be shown on the final map. The following terms and conditions shall apply to all land lying within the conservation easement: No structure or building shall be placed within the easement area. The terms "structure" and "building" shall be interpreted as including swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement of fences, retaining walls and bulkheads. The entire easement area shall remain in its natural state. The easement area shall not be filled with soil, sand, brush or other debris. Please incorporate the above mentioned covenants and restrictions into proper legal form. A copy of the draft Declaration of Covenants and Restrictions must be submitted to the Planning Board office for review by the Planning Board and the Town Attorney. Once the document is approved it must be filed in the Office of the County Clerk prior to any endorsement of the map by the Chairman. The final maps must state that a Declaration of Covenants and Restrictions has been filed, and must include the Liber and Page number of the filed document. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman eilc. cc: John M. Bredemeyer III, President, Board of Town Trustees TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, .Ir. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF $OUTHOLD SCOTr L. HARRIS Supervisor Town Hall, 53095 Main l P.O. Box 1179 Southold, New York 11' Fax (516) 765-1823 Telephone (516) 765-18 TO: FROM: RE: DATE: Plannin9 Board Board of Town Trustees Patrick Kelly/Claire Olew April 18, 1990 The Trustees inspected the site on April 17, 1990 and request that no construction or activities take place within 75' of the pond as noted on the Van Tuyl survey dated January 26, 1989. 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 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: RE: DATE: Plannin9 Board Board of Town Trustees Patrick Kelly/Claire Glew April 18, 1990 The Trustees inspected the site on April 17, 1990 and request that no construction or activities take place within 75' of the pond as noted on the Van Tuyl survey dated January 26, 1989. APR i 8 1990 SOUTHOLD FIRE DISTRICT P.O. BOX 395 SOUTHOLD, N.Y. 11971 Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Attention: Mr. Bennett Orlowskl, Jr. Re: Well Locations for:~{~ Dear Mr. Orlownki: I em returning the above nubdivinion mapn .indicating the location of fire welln requested by the Board of Fire Gommlanionern. I have also enclosed coplea of a new fire well ape¢ificatlon recently adopted by Southold Fire District. All new wells ina:alled w~ll have to equal or be be~ter than these specifications. The F~re Olatt~c~ w~ll not accep~ wells not meeting thene standards. ~f you will ~nelude n copy of these specific? tiona in your correspondence to the developers, they will be aware of the re- quirements, and problems c~n be avoided. If you have any que~tiona ~n regard to this mntter~ you may contact me nC 5~8-7044 dnya nnd 765-3572 evenlnga. Vet 1y yo a ~ .~. TO: File FROM: Melissa Spiro, Planning Staff DATE: March 21, 1990 RE: Set-Off Proposal for James Patrick Kelly SCTM# 1000-56-1-4.1 On March 12, 1990, the Planning Board received a report dated March 7, 1990 from the Department of Health Services Office of Ecology. This report stated that freshwater wetlands apparently occur on or near the subject property. On March 12, 1990, the Planning Board sent a memo to the Board of Trustees requesting comments as to the location of the wetlands mentioned in the report from the Office of Ecology. On March 19, 1990, the Planning Board was informed by Jill Thorp, Secretary to the Board of Trustees, that the Trustees were unable to schedule an inspection until April (date undetermined). Due to the above, the Planning Board will be extending the SEQR determination time until such time that the information from the Trustees is received.  Hall, 53095 Main Road MEMORANDUM PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: John M. Bredemeyer III President, Board of Trustees FROM: Bennett Orlowski, Jr.~ Chairman DATE: March 12, 1990 RE: · 'Set-Off Proposal for James Patrick Kelly SCTM# 1000-56-1-4.1 SCO'I~FL. HARRIS Supervisor Fax(516) 765-1823 Telephone (516) 765-18£ Enclosed please find a copy of the map, the Lead Agency Coordination Request, the Short Environmental form and the March 7, 1990 correspondence from the Department of Health Services pertaining to the above mentioned proposal. The Lead Agency Coordination Request is being referred to you at this time as the letter from the Health Services states that freshwater wetlands apparently occur on or near the subject property. Please submit your comments to this office prior to March 26th (the next Planning Board meeting), as the Board will be making a SEQR. determination for this set-off at that meeting. Thank you in advance for your assistance. 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 MEMORANDUM TO: John M. Bredemeyer III President, Board of Trustees FROM: Bennett Orlowski, Jr.~ Chairman DATE: March 12, 1990 RE: 'Set-Off Proposal for James Patrick Kelly SCTM# 1000-56-1-4.1 Enclosed please find a copy of the map, the Lead Agency Coordination Request, the Short Environmental form and the March 7, 1990 correspondence from the Department of Health Services pertaining to the above mentioned proposal. The Lead Agency Coordination Request is being referred to you at this time as the letter from the Health Services states that freshwater wetlands apparently occur on or near the subject property. Please submit your comments to this office prior to March 26th (the next Planning Board meeting), as the Board will be making a SEQR determination for this set-off at that meeting. Thank you in advance for your assistance. DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE March 7, DAVID HARRIS. I~.D., M.P.H. COMMISSIONER 1990 Ms. Melissa Spire Southold Town Planning Department Town Hall 53095 Main Road P. O. Box 1179 Southold, N.Y. 11971 RE: James Patrick Kelly SCTM#: 1000-56-1-4.1 Dear Ms. Spire: The Suffolk County Department of Health Services (SCDHS) has received your letter dated February 14, 1990, concerning the above- referenced project and offers the following comments. This Department has no objection to your designation as lead agency. SCDHS has received an application for the above-referenced project. Currently, the application is incomplete because of a number of reasons which include the lack of a public water availability and cost letter, test hole and test well data, sewage disposal locations/details, and a SEQRA determination. The applicant must comply with the requirements of the Suffolk County Sanitary Code and relevant construction standards for water supply and sewage disposal. Design and flow specifications, sulosurface soil conditions, and complete site plan details are essential to the review of this project. These considerations are reviewed completely at the time of SCDHS application. SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant, therefore, should not RIVERHEAD. N.Y* l t gO1 ~ ~ :(', Letter to Melissa Spiro March 7, 1990 Page 2 undertake the construction of either system without Health Department approval. Freshwater wetlands designated as S0-21 on the New York State Department of Environmental Conservation's (NYSDEC's) Tentative Freshwater Wetlands Regulatory Maps for Suffolk County apparently occur on or near the subject property. .Therefore, the subject parcel may be affected by Article 24 (Freshwater Wetlands). We recommend that NYSDEC-delineated wetlands boundaries on and/or near the subject property be shown on the site plan. Proposed development of the subject property should incorporate the maximum practicable setback from any wetlands boundaries. The subject site contains significant natural resources in terms of vegetation and wildlife habitat. Therefore, we recommend that any proposed development be carefully analyzed with respect to potential impacts on wetlands, surface waters, and woodland habitat. The final site plan should reflect the findings of a natural resources inventory and evaluation and should, if possible, incorporate the objective of maintaining contiguous wildlife habitat corridors on a regional basis. Measures to mitigate potential adverse impacts should include a carefully defined building envelope. In addition, appropriate setbacks and clearing restrictions should be established to protect wetlands, surface waters, and sensitive wildlife habitat. Thank you for the opportunity to review this application. If you have any questions, please feel free to contact the Office of Ecology at 548-3060. Sincerely yours, Walter Dawydiak Assistant Public Health Engineer Office of Ecology cc: Vito Minei, P.E. Louise Harrison Stephen Costa, P.E. Charles Lind, SC Planning Steve Sanford, NYSDEC ivlAP OF_ PF20POSED [vl'IN~Or2.SUBPtViStOt',J PP..EP/'-.,F2 E D. ,--- . ,--..,. ,,..?"r'-.-. ,, :' ; ' E! '~ k..¢" t '-"*',, '¢ AT.' - 8 SOUTH[ LD PLANNING ~ ._-TOTAL A.~"hEA, 938~ AC:£?.E5 0 ' 8 DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK PATRICK G. HAl-PIN SUFFOLK COUN'TY EXECUTIVE DAVID HARRIS, M.D., M.P.H, COMMISSIONER March 7, 1990 Ms. Melissa Spiro Southold Town Planning Department Town Hall 53095 Main Road P. O. Box 1179 Southold, N.Y. 11971 RE: James Patrick Kelly SCTM#: 1000-56-1-4.1 Dear Ms. Spiro: The Suffolk County Department of Health Services (SCDHS) has received your letter dated February 14, 1990, concerning the above- referenced project and offers the following comments. This Department has no objection to your designation as lead agency. SCDHS has received an application for the above-referenced project. Currently, the application is incomplete because of a number of reasons which include the lack of a public water availability and cost letter, test hole and test well data, sewage disposal locations/details, and a SEQRA determination. The applicant must comply with the requirements of the Suffolk County Sanitary Code and relevant construction standards for water supply and sewage disposal. Design and flow specifications, subsurface soil conditions, and complete site plan details' are essential to the review of this project. These considerations are reviewed completely at the time of SCDHS application. SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant, therefore, should not COUNTY CENTER better to Melissa March 7, 1990 Page 2 Spiro undertake the construction of either system without Health Department approval. Freshwater wetlands designated as S0-21 on the New York State Department of Environmental Conservation's (NYSDEC's) Tentative Freshwater Wetlands Regulatory Maps for Suffolk County apparently occur on or near the subject property. Therefore, the subject parcel may be affected by Article 24 (Freshwater Wetlands). We recommend that NYSDEC-delineated wetlands boundaries on and/or near the subject property be shown on the site plan. Proposed development of the subject property should incorporate the maximum practicable setback from any wetlands boundaries. The subject site contains significant natural resources in terms of vegetation and wildlife habitat. Therefore, we recommend that any proposed development be carefully analyzed with respect to potential impacts on wetlands, surface waters, and woodland habitat. The final site plan should reflect the findings of a natural resources inventory and evaluation and should, if possible, incorporate the objective of maintaining contiguous wildlife habitat corridors on a regional basis. Measures to mitigate potential adverse impacts should include a carefully defined building envelope. In addition, appropriate setbacks and clearing restrictions should be established to protect wetlands, surface waters, and sensitive wildlife habitat. Thank you for the opportunity to review this application. If you have any questions, please feel free to contact the Office of Ecology at 548-3060. Sincerely yours, Walter Dawydiak Assistant Public Health Engineer Office of Ecology cc: Vito Minei, P.E. Louise Harrison Stephen Costa, P.E. Charles Lind, SC Planning Steve Sanford, NYSDEC Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD sco'rr L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 Frederick R. Weber, Secretary Southold Fire District Main Road Southold, New York 11971 /£,8 , 19 Dear Mr. Weber: EnClosed please find (2) surveys for Please notify this office as to whether any firewells are needed. Please specify whether shallow wells or electric wells will be needed. Please reply by ~/~ / 1990. Thank you for your cooperation. ' eno. hp Very truly yours, ennett Orlowski, Jr. ~ Chairman Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 14, 1990 Attorney At Law 218 Front Street Greenport, NY 11944 RE: Set-Off of James Patrick Kelly SCTM9 1000-56-1-4.1 Dear Ms. Ongioni: The following resolutions were duly adopted by the Southold Town Planning Board at a meeting held on Tuesday, February 13 1990. ' RESOLVED that the Southold Town Planning Board start the coordination process on this unlisted action. The Board assumes lead agency status and in the capacity makes an initial determination of non-significance. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated January 26, 1989. Please note that a road profile, as required in the December 19, 1989 decision of the Zoning Board of Appeals, must be submitted to this office for review. Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. Please note that five (5) paper prints and two (2) mylars of the final map, containing a current stamp of Health Department approval, must be submitted before a final public hearing will be set. Please do not hesitate to contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. cc: Claire Glew $outhold Town Board of Appeal MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 1194 TELEPHONE (516) 765'18~ FAX No. (516) 765-18: APPEALS BOARD MEMBERS GERARD p. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, .IR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. ACTION OF THE BOARD OF APPEALS Appl. No. 3893 Matter of MICHAEL AND CLAIRE GLEW. Variance to the zoning Ordinance, 280-A Approval Of-Access Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one family dwelling). Property Location: 61339 Main Road, Southold, County Tax Map No. 1000, Section 56, Block 1, Lot 41. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of MICHAEL AND CLAIRE GLEW, under Appeal No. 3893; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board' Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Main Road 25 S.R., Town of Southold, and is identified · on the Suffolk County Tax Maps as District 1000, Section 56 Block 1, Lot 41. · 2. This is an application for Variances from the Zoning Code 280-A Access Right-of-Way, (Article XXVIII, Section 100-281 B), for permission to construct a one family dwelling. SOUTHO,_D ~F'"; PlA,ltl, B. .- Page 2 - Appl. No. 3893 Matter of MICHAEL AND CLAIRE GLEW Decision rendered January 9, 1990 3. 280-A Approval of Access of Right-of-Way, Article XXVIII, Section 100-281 B, No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by 280-A of the Town Law. 4. In considering this application, the Board finds and determines: (a) That the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was Page 3 - Appl. No. 3893 Matter of MICHAEL AND CLAIRE GLEW Decision rendered January 9, 1990 RESOLVED, to GRANT a Variance in the matter of the application of MICHAEL AND CLAIRE GLEW as applied under Appeal No. 3893 for approval of 280-A, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the road be width widen to 12 ft. north of railroad crossing for a distance of approximately 680+- ft., beginning of subject property. to 2. Grade road at R.R. crossing with additional fill to provide grades not more than 8% with 1 on 4 side slopes. Use material containing 15% or more of small gravel, sand and 15% or more of loam. 3. Place a 2" compacted surface of 3/4" stone blend on the 12 ft. width. 4. Last 250+- ft. (12 ft. width: Do any necessary clearing to provide 3 ft. of clearance on sides of road. 5. A profile should be submitted indicating how this 250 ft. length road will meet the present road as updated. 6. Remove topsoil for 12". Replace with compacted material same as shown at 2. Note: The profile will indicate depth of replaced material which should not be less than 6". 7. The purpose a'nd cause of this enhanced 280-A approval is to maintain access of proposed 94,829 sq. ft. lot of minor subdivision, therefore, improvements are to be made only to beginning of this lot. (shown as lot ~2 on minor subdivision lot Dated: 1/26/89 R. Van Tuyle), remaining improvements are contained in Appeal 3605, Ted Dowd, rendered on July 16, 1987. 8. That final approval for the road shall be inspected by .Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio (Absent: Joseph Sawicki). This resolution was duly adopted. df Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 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: SEQRA Classification: ( ) Type I (~) Unlisted Contact Person: ' ~e\,Sbq 5~%~ (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 assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead a~ency status for this action. ( ) Other. ( See comments below). Comments- Please feel free to contact this office for further information. cc: B~ Scuthold Tow~'~ Buard ~/Suffolk County Dept. of Health Services ~NYSDEC - Stony Brook .... ~. DaFt. of TransCriPtion * Maps are enclosed for your review Coordinating agencies Sincerely, chan~mtatnOrlowski, Jr. y ~. PART I Project Information (To be completed by Applicant or Project sponsor) 1. A.p,c..U,.o.,o, MICHAEI, p G£-E-~ CLAIRE L.. r,O'LEW I 2. ,",oi.ctName ( d- Slate Environmental Quallly Review SHORT ENVIRONMENTAL ASSESSMENT For UNLISTED ACTIONS Only A4uni¢ipalR¥ SOUTHOLD Co,~.t., Suffolk 5. Dose.be project briefly: 7. Amount el land affected: If tho action is in tho Coastal Area, and you are a State agency, complete the Coastal Assessment Form before proceeding with this assessment OyER Southold Town Planning Board Town }{all Southold, New York 11971 Gentlemen: Re: Claire Glew, ~Subdivision, Set-off The following statements are offered for your'consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than foul~dation excavation for a residential building is proposed. (2) No new roads are proposed and no changes will be made in the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. MICHAEL P. GLEW CLAIRE L. GLEW APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZI0, JR. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N,Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 ACTION OF THE BOARD OF APPEALS Appl. No. 3893 Matter of MICHAEL AI~D CLAIRE GLEW. Variance to the zoning Ordinance, 280-A Approval of Access Right-of-Way, (Article XXVIII, Section 100-281 B, construct a one ~amily dwelling). Property Location: 61339 Main Road, Southold, County Tax Map No. 1000, Section 56, Block 1, Lot 41. WHEREAS, a public hearing was held and concluded on December 19, 1989 in the matter of the Application of MICHAEL AND CLAIRE GLEW, under Appeal No. 3893; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the north side of Main Road 25 S.R., Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 56, Block 1, Lot 41. 2. This is an application for Variances from the Zoning Code 280-A Access Right-of-Way, (Article XXVIII, Section 100-281 B), for permission to construct a one family dwelling. SOUTHOLD l(~~ ~, PLANfiiNL~ ~ Page 2 - Appl. No. 3893 Matter of MICHAEL AND CLAIRE GLEW Decision rendered January 9, 1990 3. 280-A Approval of Access of Right-of-Way, Article X~VIII, Section 100-281 B, No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by 280-A of the Town Law. 4. In considering this application, the Board finds and determines: (a) That the circumstances of this application are uniquely related to the premises and its established nonconformities; (b) that there is no other method for appellants to pursue; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was Page 3 - Appl. No. 3893 Matter of MICHAEL AND CLAIRE GLEW Decision rendered January 9, 1990 RESOLVED, to GRANT a Variance in the matter of the application of MICHAEL AND CLAIRE GLEW as applied under Appeal No. 3893 for approval of 280-A, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the road be width widen to 12 ft. north of railroad crossing for a distance of approximately 680+- ft., to beginning of subject property. 2. Grade road at R.R. crossing with additional fill to provide grades not more than 8% with 1 on 4 side slopes. Use material containing 15% or more of small gravel, sand and 15% or more of loam. 3. Place a 2" compacted surface of 3/4" stone blend on the 12 ft. width. 4. Last 250+- ft. (12 ft. width: Do any necessary clearing to provide 3 ft. of clearance on sides of road. 5. A profile should be submitted indicating how this 250 ft. length road will meet the present road as updated. 6. Remove topsoil for 12". Replace with compacted material same as shown at 2. Note: The profile will indicate depth of replaced material which should not be less than 6". 7. The purpose and cause of this enhanced 280-A approval is to maintain access of proposed 94,829 sq. ft. lot of minor subdivision, therefore, improvements are to be made only to beginning of this lot. (shown as lot #2 on minor subdivision lot Dated: 1/26/89 R. Van Tuyle), remaining improvements are contained in Appeal 3605, Ted Dowd, rendered on July 16, 1987. 8. That final approval for the road shall be inspected by Board of Appeals. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio (Absent: Joseph Sawicki). This resolution was duly adopted. df /ERARD P. ~OEHRING~HAIRMAN Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Gerard P. Goehringer, Chairman Zoning Board of Appeals Bennett Orlowski, Jr., Chairman Planning Board Michael and Claire Glew SCTM# 1000-56-1-41 Appl. No. 3893 December 7, 1989 The Planning Board is currently reviewing a subdivision application for the above mentioned parcel to subdivide a 2.177 acre parcel from the existing 9.182 acre parcel. The Planning Board has ilo objection to the 280-A Approval of Access of Right-of-Way which is before your Board. The Planning Board wishes to note however, that there is the potential for future subdivisions along this right-of way, and at some point, it should be required that the right-of-way be brought up to current town standards. MARIE ONGIONI A.'rTORN£Y AT LAW 218 FRONT STREET, GREENPORT, NE~V YORK 11944 May 22, 1989 Bennett Orlowski, Jr., Chairperson Southold Planning Board Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Glew Subdivision with Kelly SCTM No. 1000 / 56 / 1 / 4.1 Dear Mr. Orlowski: Enclosed is a description of the larger property the above referred two acre set-off is derived. MO/jb Enclosure from which Very ~1~ yours, MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET, GREENPORT. NE~/ YORK 11944 Bennett Orlowski, Jr., Chairperson Southold Planning Board Southold Town Hall 53095 Main Road Southold, New York 11971 May 22, 1989 Re: G~ew Subdivision with Kelly SCTM No. 1000 / 56 / 1 / 4.1 Dear Mr. Orlowski: Enclosed is a description of the larger property the above referred two acre set-off is derived. MO/jb Enclosure from which Very ~ly yours, RODERICK VAN TUYL {L.S.) COLIN VAN TUYL RnDERII~K VAN TUYL, Licensed Land Surveyors 218 FRONT STREET GREENPORT, NEW YORK 11944 (516} 477~170 I;I. C. May 19, 1989 Description: Land of James Patrick Kelly, Southold Beginning at a point on a Private Road known as "Mill Path" at the southwesterly corner of the premises herein described, adjoining land of Robert Lang, Jr.; running thence along said land of Lang five courses: 1.) N..12°57'lO"W.-305.84 feet; thence 2.) N.18°42'30"W.-655.59 fe~t; thence 3.) N.55°42'30"E.-471.25 feet; thence 4.) N.80°24'20"E.-70.O feet; thence 5.) S.18°28'20"F~-709.39 feet to said "Mill Path"; thence along "Mill Path" four courses: 1.) S.69°09'40"W.-194.71 feet; 2.) S.33°00'20"W.-200.0 feet; 3.) S.23°53'30"W.-200.49 feet; 4.) S.17°20'20"W.-107.95 feet Containing 9.182 Acres thence thence thence to the point of beginning. Roderick Van Tu'yl To: Marie Ongionl, Esq. RODERICK VAN TUYL (L.S.) COLIN VAN TUYL RnDERII~K VAN TUYL, Licensed Land Surveyors 218 FRONT STREET GREENPORT, NEW YORK 11944 {516) 477-017O F}. C. May 19, 1989 Description: Land of James Patrick Kelly, Southold Road known as "Mill Path" premises herein described, running thence along said thence thence thence thence Beginning at a point on a Private at the southwesterly corner of the adjoining land of Robert Lang, Jr.; land of Lang five courses: 1.) N..12°57'lO"W.-305.84 feet; 2.) N.18°42'30"W.-655.59 feet; 3.) N.55~42'30"E.-471.25 feet; 4.) N.80o24'20"E.-70.O feet; 5.) S.18°28'20"F~-709.39 feet to said "Mill Path"; thence along "Mill Path" four courses: 1.) S.69~09'40"W.-194.71 feet; thence 2.) S.33°00'20"W.-200.0 feet; thence 3.) S.23~53'30"W.-200.49 feet; thence 4.) S-17~20'20"W.-107.95 feet to the point of beginning. Containing 9.182 Acres Roderick Van T~yl To: Marie Ongioni, Esq. MARIE ONGIONI ATTORN~'Y AT LAW FRONT STREET, GREENPORT. NE-VV YORK 11944 (516) 477-2048 Southold Town Planning Board Main Road, State Road 25 Southold, New York 11971 Att: Melissa Dear Melissa: In accordance with your the above described set-off. MO/jb Enclosure request PLANNING BOARD April 24, 1989 Re: Kelly to Glew SCTM No. 1000/056/1/4.1 I enclose a description of RODERICK VAN TUYL (L.S.) COLIN VAN TUYL RDDERICK VAN TUYL, p.C. Licensed Lend Surveyors 218 FRONT STREET GREENPORT, NEW YORK 11944 (516) 477-0170 DESCRIPTION: April 20, 1989 Kelly to Glew, north of "Mill Pa " th ,Southold Beginning at a point on a private road known as "Mill Path" at the southeasterly corner o£ land o£ the party of the first part and the southwesterly corner of land o£ Lang; running thence along said "Mill Path" S.69o09,40,,W._25.02 feet; thence along other land of the party o£ the first part, three courses: (1) N.18°28'20"W.-308.87 feet; thence (2) S.71°31'40"W.- 195.0 feet; thence (3) N.18°28,20"W.-369.61 feet to land of Lang; thence along said land of Lang, three courses: (1) N.55°42'30-E.- 156.78 feet; thence (2) N.80°24'20"E.-70.O feet; thence (3) S.18°28'20"E.-709.39 £eet to the point of beginning. Containing 2.177 acres. Together with a right of way over said "Mill Path" about 1400 feet southwesterly to Main Road. To Marie Ongioni, Esq. SOUTHOLD TOWN ' plaNNING BOARD 1990