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5UI~DIVI$ION i ~, I',,1AP OF P~OPE[~TY ::., ~Lb"2., V£Y E,p F'OlT.. ,..Dk4tN l"d,., LATSON AT 7' I'?.O,D,E~IClZ: VAN Tu_y~ R,,C. ,~-. ,v',,.~ -z~'.~,,,,~' I PLANNING BOARD MEMBERS Bennett Odowski, 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 Supe~isor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Paul A. Caminiti 54075 Main Road P.O. Box 992 Southold, NY 11971 RE: Property Merger for Edwin M. Latson SCTM# 1000-53-6-p/o 46.1 Dear Mr. Caminiti: 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 authorize the Chairman to endorse the surveys dated March 8, 1990 for Edwin M. Latson. The March 8, 1990 plan entitled Edwin M. Latson, splits the existing 4 acre non-buildable parcel which was created by the Bertram Holder minor subdivision, into 3 lots. These lots are to be merged with the adjacent owners as shown on the map. Please note that the lots being created are not to be considered building lots. The Declaration of Covenants and Restrictions in effect for the four acre parcel is also in effect for the March 8, 1990 plan for Edwin M. Latson. In addition, it is noted that the plan for Edwin M. Latson in no way effects the existing right-of-way or the existing easements. Page 2 Edwin M. Latson Enclosed please find a copy of the endorsed map. Please contact this office if you have any further questions. Very truly yours/ ~ Be~ ~~~i ~- rlowski, Jr. /~ Chairman Encl. cc: Buidling Department Assessors Office DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION ANESTHESIA GROUP P. C., Avenue, Brooklyn, New "Declarant,,. made this ~ by BERTRAM BOLDER, York WITNESS ETH : day of June, 1989 by residing at 356 Clinton 11238, hereinafter WHEREAS, the Declarant is the owner in fee-simple of a track of land at Arshomomaque, in the Town of $0uthold, Suffolk County, New York, shown on a certain subdivision map entitled "Map of Subdivision prepared for Anesthesia Group P. C. by Bertram .~,..,.~older at Arshamomaque, in the Town of Southold, New York". WHEREAS, the Declarant has made application to the Planning Board at the Town of Southold for approval to subdivide the said real property into two parcels, and WHEREAS, for and in consideration of the granting of said 0~ approval, the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold and the owners and prospective owners of said parcels that the within covenants and restrictions be imposed on said parcels, and as a condition of said approval said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk"s Office, and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interests of the Declarant and subsequent owners of said parcels. 1( 922 21 NOW THEREFORE, THIS DECLARATION WITNESSETH: That the said Declarant, for the benefit of himself, his successors and assigns, in consideration of the premises and for the purpose of carrying out the above expressed intentions, does hereby make known, admit, publish, covenant and agree that the said premises hereinabove set forth, shall hereafter be subject to the following covenants, easements, restrictions and agreements: 1. Zoning regulations and ordinances of the Town, County and State or other governmental bodies in which the premises lie. 2. The four (4) acre parcel heretofore set-off shall not constitute a separate buildable lot and shall merge with the land of Edwin M. Latson. 3. Any further set-off, subdivision or change in lot size of Parcel 2 as shown on said map shall be done with the express understanding that said land so set-off shall not constitute a separate buildable lot. Any further set-off, subdivision or change in Lot size of Parcel 2 must be authorized by the Planning Board. 4. Any portion of said Lot 2 so set-off or subdivided shall only be made to a property owner wh6se land borders on Lot 2. 5. Upon said set-off or subdivision of the lots as set STATE OF NEW YORK ' County of Suffolk ss.: I, WILLIAM G. HOLST, Clerk of the County of Suffolk and Clerk of the Supreme New York in and for said County said C ' hary..~ compar, ed Ihs annex~ed c,o~y of ~u,,?, .b~.,in.g, a~Cou~ of Record) DO HERECE~,rt of the Stat.e.?! ;..'..,. ¢_ ¢..~.~,_..¢¢_._ ,,..¢,..~,].~ <'- .~..~_.~..~...Z.,.¢_~. CERTIFYth,~[~ and that it is o ~.~, _ ~ .-?"'"- '",- /~-" 7~t -d,,/.3 ,,~,-,i , ,, ~ ,, u,,.e WhOle thereof. ,.,,,gma~ .~_~.,. ,, ~._,..(.._. - - . and IN TESTIMONY WHEREOF, I have hereunto set my hand and affixe.d, t.h,e seal of said County ..d co..,~s .-~ ~ay oJ/'~'r'-' ~- . ...................... ...... . No. tO. ~'~ "Z '~l;~r~'. forth above the property so set-off or subdivided shall automatically merge with said property owners land and shall be considered one parcel. A map of the subdivision shall be filed in the office of the County Clerk. 6. That, except as set forth above, Declarant reserves the right to impose additional covenants and restrictions, and further reserve the right to modify, change and/or annul any such additional covenants and restrictions that may be imposed from time to time in the future. 7. A metes and bounds description of the entire subdivision is attached hereto and made a part hereof. IN WITNESS WHEREOF, the foregoing Declaration this STATE OF NEW YORK COUNTY OF SUFFOLK On the ~O Declarant has executed the day of June, 1989. A ESTHESIA GROUP P.C. By: BERTRAM HOLDER day of June, 1988, before me personally came BERTRAM HOLDER, to me known and know to me, to be the individual described in and who executed the foregoing instrument and he duly acknowledged that he executed the same. ~otary Public / /~ARIJ ONGIONI NOTARY PUBLIC, Sta~e of New YJ~rk CC:LIN VAN TUYL Rr'IDI~IP.K' VAN TUYL, Licensed Land Surveyors FRONT STREET AT MAIN GREENPORT, NEW YORK 11944 (516) 477-0170 Description: 4.0 Acres oi' L~nd ok' ~[older, Arshamomaque Beginnin~ at the northwesterly corner of ln~d now or formerly of Bo~darchuk, and the northe~.sterly corner of ~t~e p=rcel herein described, said point being ~. 2o 5~' 50" W. - 125.86 feet along the westerly line of said land of Bondarcht~ from the northwesterly terminus of a private ro~d known as "Isl,.nd View L~.ne"; r~ninE thence along said l~nd of Bond~rch~, ~long the ~es~ly end of "Island Vi=~.~ L~ne" ~ ~ = ~. 2b 53' 50" E. - 300.0 feet to l~ ~long o~h~r l~nds, of Ar~iprete; thence alon~ s~' now or formerly S. 52 20' 00" W. - n~ ~_~d~la~d ~nd along other l~nds, of cage; thence ~lon~ s~ ~.-~ .... on~W or formerly = ....... ~, ~. ~b 5~' O" ~88Z2~ feet to other land o~ H~-~ ..... . ~ ~' - 2 __ ~' - ~*.,~ ~eet to the point of begi~ng. ontaxnzng 4;00 Acres. Colin Van ANESTHESIA GROUP p. C. TO EDWIN M. LATSON COVENANTS AND RESTRICTIONS MARIE ONGIONI, ESQ. 218 Front Street P. O. Box 562 Greenport, N. Y. 11944 (516) 477-2048 PLANNING BOARD MEMBERS BcnncU Ol'[owski, Jr., Chnirnmn Ocor~c Rilchie L~dm111. Jr. Riclmr~ O. Ward Mark S. McDomfld Kemled~ L. Edwards Telephone ~516) 7(,5-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 15, 1990 · ' OLIENT'S COPY SCO1T L. HARRIS Supervisor Town Hall, 53095 Main Rnad P.O. Box 11'/9 Southold. New York 119'/I Fax (516) ~65-1823 Paul A. Caminiti 54075 Main Road P.O. Box 992 Southold, NY 11971 RE: Property Merger for Edwin M. Latson SCTM# 1000-53-6-p/o 46.1 Dear Mr. Caminiti: 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 authorize the Chairman to endorse;the surveys dated March 8, 1990 for Edwin M. Latson. The March 8, 1990 plan entitled Edwin M. 'Latson, splits the existing 4 acre non-buildable parcel which was created by the Bertram Holder minor subdivision, into 3 lots. These lots are to be merged with the adjacent owners as shown on the map. Please note that the lots being created are not to be considered building lots. The Declaration of Covenants and Restrictions in effect for the four acre parcel is also in effect for the March 8, 1990 plan for Edwin M. Latson. In addition, it is noted that the plan for Edwin M. Latson in no way effects the existing right-of-way or the existing easements. SET OFF Complete application received Application reviewed at work session Applicant advised of nece~ary revisions Revised submission received Lead Agency Coordination SEQRA determination Sent to County Planning Commission Review of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants ~nd Restrictions received Receipt of paper prints with Health approval Final Public Hearing Approval of subdivision -with conditions Endorsement of subdivision ':!! ,~1 ~- ~%. bec , To the Pla ming Board o[ the Town o~ Soath(dd: The u dersig~cd applicant herchy alq'lic~ ~.r ~ (fhml) apProvM o[ a subdivision plat in accordance with Article 16 o[ the Town l.aw and the Rnles and Regulations; o[ the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner o~ record -f the land under application. (It: the applicant is not the owner o[ record of the land nnder application, the applicant shall state his interest in said land under application.) 2. The name o[ the suhdivlsion i~ to be ............... g'~g ................................ 3. The entire land nnder applicatim~ i~ described in Schedule "A" hereto atmexed. (Copy o[ deed suggested.) 4. The land is hekl by the applicant trader deeds recorded in Snffolk Cmmty Clerk's o[[ice as follows: ~/ / , ....... P~ge ...................... Liher ................. Liber ........................ Page ...................... l,iher ........................ Page ...................... lAber ........................ Page as devised under the Last Will and Testament o[ ....................................... li tribut '" or as ( s ee ............................ 5, The area o{ the land is ~9.~}'.. ~-~) ....... acres. 6. All taxes which are liens on the land at the date hereo[ have been paid ~Ft ........... 7. The land is encmnhered hv .....~,~ .......................... n ortgnge (s) as [ollows: (a) M~ rt~age recorded in IAher .............. Pa~e .................. in or{ghml amount hehl by ...................... o{ $ .............. nnpa{d amount $ .................. address ................................... ..... in orighml amount (h) Mortgage recorded in Liber ......... Page .................. o[ .............. nnpaid amonnt $ ...................... held hy · ..................... .............. address .................... (c) 1Mort~a,~(e rec~rded in {,ii)er .............. Pa~e ................ {n ori~ilml amonn~ o[ .............. nnpMd nmonnt $ ...................... hc{d by ...................... ...................... 8. There arc no other encnmbrances or {imps a~n {st thc {and except ........................ 10. ~o part of thc {and lies under wnler w{lt~i{let, ti{lc watcF, 5~rcan], 1)o11({ water or oiher~v{se,~. Il. Thc applicant sltaUat hisexpcnscin~ta{lall required public improvements. 12. The land (does) (~k) lie in a Water District or Water 8tlpply District. Name of Dis- trict, if within a District, is GreenporL ~ater District 13. XVater mains will be laid by . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will {)e installed by .. n/a ..................................... and (a) (no) charge will be made for installing said lines. 15. {]as mains will I)e install{.d by . ................ and (a) (lin) char~4e will l)e mrtcl~. I',~r iuslrtllin~ said mains. ' ..... 16. If streets sh,m.n {~,t the i)lat a,'e clai~rl{,d l)~- II,c apf~licant to he existi,,g frei)lie streets in the Suff~lk ('onnty {Ii~hway system, ampex' Schedule "B" hereto, to show same. 17. If streets slmwn m~ the plat are claimed by the npplic:tnt to be existing public streets in the Town of SontlmM {Jig{ wry system. :tnn~.x 5clmdulc"C" ' - - hereto to show same. 18. TheT-e are no cxistin~r l>niMings m- st~t~ctnres {m the {all,I which are not located and ~hOWn on the plat. 19. ~V ere the plat sh,m's l)rOlms(.d streets which are extensions ~,[ streets on adjoining sub- dix'is~m~ maps heret~fore fiI[.d, there :tre n,~ reserve strips at the end of the streets on said existing maps at their conjunctions with the propt)sed streets. 20. hi the c~mrse ~f these )r~)ceedin~s, the al,plit.:tnt will ,,ffer pr{)r)f ~[ title as required by Sec. 335 r>f the Real Pr~u)erty 21. Submit a col}¥ n[ proposed deed f,,r {arq :howi:~ all restr/cti~ms, covenants, cie. Annex Schedule "D".- 22. The applicant estimates that the cost .f grading and required public ilnpr,~vements will be $ .......... as itemized in Schedule "E" hereto ammxed and requests that the natumty of the Per£ormance Bond be fixed at .. ............ years. The Per£ormance Bond will be written by a licensed surety cOmpauy unless otherwise shown on Schedule "F". DATE ..F.eby.~o.~y..1 ....... (Sigtature and 'l~(tle) ' .......... ' ............ 356 Clinton Ave Brooklyn 'N. Y. (Adc tess) STATE OF NV3,V \'ORK. COUNTV ¢)F . &IJF. I?0LK. onthe ..... /. .......... ....... ',e oremeper,o,a,lyeam BERTR^M HOLDER .... .............. to me kuown to be the individual deserlhed in and who executed the foregoing instrument, and acknowledged that ............ executed the same. MARIE ONGIONI NOTARY PUBLIC, State of New Yorl~ Notary Public ~r ..................... STATE OF NEXV YORK, COUNTY OF On the ................ day .... .f 19. before me personally came .................. to me k r wn who being by me duh, sxvorn did de- p.se and ~nv ti at ............ resMes at No. ............................ that ................. ......... is the .......... the c-rporation described in and which executed the foregoing instrun]ent; that ............ knows ti.. seal of said c-rp-ration; that the seal affixed by order of the board .f directors of said corporation. a.d that ............ signed .............. name thereto by llke order. Notary Pnblic ..................... ' ........ ~ODERICK VAN TUYL, p. p.. Licensed Land Surveyors FRONT STREET AT MAIN GREENPORT, NEW YORK 11944 (516) 4770170 OTTO W. VAN TUYL Professional Engineer (Retired) I!ovel~ber IH, 1987 Desr;ript-. o~ : ,].(~ Aoz .,q ef L[,nd o;' Holder, cOrner o:ff t~e ~nrc~m';'(l~']'chu~' 'md l;h~ ~ort~e.s+ez] bein~ N. 26~ 53" 5~;' herein de~cr:ibed, s~J.d ..... Y point ~ ~ ~. - ~25.86 feet olon~ the westm~ly .... 2(~ 5_)' 50" 4. - 30) 0 f.,~' ~e ~.~nr] n!ou~ other londs, - .~ -,.uu uo -L~t~d now or form~rly OJ' Ar~iprete; the~me r,J_o~ ""~ 'r ..; , ~' ~2 20~ 00" if, _ ~,~ ~ ,3: ~]_] md md alon~ o~he~ o~ ~a~ (., N].enoe eltra? m~j, ~, ~ ,, .~onOW or ~orraePly ..... n,,~, ~. 26 5~' 50" ,f. - ~88128 feet to other l~}Ld of Noldm ..... trederzek j. Tedemhj. 218 Front St. ' (~reenport, NY 119,14 tJSqo " I So,thold. N.Y. 11971 (516) 765-1938 ~U~STIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APP~ICATIo--~ FORMS TOTHE PLANNING BOARD Please complete, sign and retur ~oard with your ComDi~-: ~ .n to the Office of th To any of tm~ ~-,, -.-~u apP±lcations form= the~ ~ ~ xul±owlng questions ~ .... --~' ~ your answer ~ ~ your guaranteed SUrve~ ~ ~-q~.~[ please indicate ~mu~nce, ~ ~. ~uomlE other appropriate 1. Are there any wetland grasses on this parcel? Yes [No] (Attached is a list of the wetland grasses defined by the Town Code, Chapter 97, for your reference) 2. Are there any other premises under your ownership abutting this parcel? [Yes] No 3. Are there any building permits pending on this parcel? 4. Are there any other applications pending Yes [No] concerning this property before any other department or agency?(Town , State, County, etc.) Yes [No] 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes [ No] 6. Was this property the subject of any prior application to the Planning B¢~ard? 7. Does this property have a valid certificat~ Yes [No] of occupancy, if yes please Subn~jt a copy of same Yes [No] I cert~y that the above statements are true . on by~/~lanT~~ ~ard In considering ~his aaDn~d ~l~l~l~b~e relied ~u~h~ F_ebrua_~l. 198~ ~.~aan HULDE~ ..... x~eu agent date Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: Re: Application of Bertram Holder to set off a 4 acre parcel The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County I~lanning 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 the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, E-MAIL: pacatty~optonline.net PAUL A. CAMINITI JULIE MGGIVNEY 53345 MAIN ROAD (FEATHER HILL) P.O. BOX 846 SOUTHOLO, N.Y. 11971-0846 (631) 765-5900 FAX. NO. (631) 765-5902 CAMILLE LUCARINI LISA M. PENNY June 25, 2004 Ms. Jeri Woodhouse, Chairman Southold Town Planning Board Po Box 1179 Southold, NY 11971 Re: ProperO' Merger for Edwin M. Latson SCTM# 1000-53-6- P/O 42.1 Dear Ms. Woodhouse: On 5/! 5/90, the Planning Board granted permission to Mr. Latson to sell two small non- buildable lots to his neighbors. He now wishes to convey another small piece of the S/E comer measured 100 X 125 (irr) to his other neighbor John M. Krepp who currently owns 1000-53-6-18. The parcel of course will remain non-buildable and will merge with his existing lot. As in the past, would you kindly endorse the enclosed survey dated June 23, 2004 from Stanley J. Isaksen, Jr. The covenants and restrictions previously filed will remain on effect. Thank you. PAC/lp Encl. 6OD SPIKE SET N/F ANESTHESIA GROUP ~ BONDERCHUK S 65°06'10"W 6OD SPINE SET VACANT LAND Z N/F cARLOOCI 600 SPIKE 101.79' SET 5 N/F KREPP 16' RIGHT OF WAY SURVEy OF DESCRIBED PROPERTY SITUATE ARSHAMOMAQUE, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED: 23 dUNE 2004 SCALE 1"= AREA = 13,432~2 SF OR 0308 ACRES SURVEYED FOR: JOHN M. KREPP TM# ?000-055-06-R/0 LOT GUARANTEED TO: dOHN M KREPP SURVEYED BY STANLEY d. ISAKSEN, dR. P.O. BOX 294 NEW S~FFOLK. N.Y.~ 1//-]956 · .4flYS Lic. No. 49273 04R!Z~O E-MAIL: ogLLpOpeconic.net PAUL A. CAMINITt JOSEPH H. GIBBONS LAW OFFICES CAMINITI & GIBBONS, L.L.P. 54075 MAIN ROAn COR. BECKWITH AVE. P.O. BOX 846 SOUTHOLD, N.Y. 11971-0846 (631) 765-5900 FAX. NO. (631) 765~~ ^N September 20, 2001 Planning Board Town of Southold Main Road Southold, NY 11971 Edwin M. Latson SCTM # 1000-57-2-42.1 $outhold Town Planning Board Dear Mr. Chairman: On May 14, 1990, your Board approved a lot line change for the above parcel allowing Mr. Latson to convey two small pieces of property to Mr. Schneider and Mr. Bondarchuck while retaining the larger parcel now consisting of 3.345 acres. The covenant filed at the time restricted buildability on the two smaller lots (copy enclosed). The property is directly behind Mr. Latson's home (1000-57-2-12) and he has been mowing the 3.345 acres and keeping it maintained. He is unable at the present time to continue this practice and would like to sell one half of the parcel to Gary Mangus, the present owner of lot 17, subject, of course, to the recorded covenant. Mr. Mangus' property borders on lot 2 of the setoff and is in accordance with paragraph four (4) of the covenant. The remaining 3.345 acres merged with Mr. Latson's lot and approval of your Board is requested to modify the covenant so as to allow Mr. Latson to divide the property in accordance with the attached sketch subject to a further survey which would accurately describe the property. Mr. Latson would retain approximately 1.8 acres. Mr. Mangus would receive approximately 1.5 acres. May I please have your comments and reply. Thank you. PAC/cgl Enc. cc: E. Latson V. Marvin, Esq. misc/Latson/PB Very truly yours, S334~J MAIN RD. (at Feather Hlll) , P~O. Box 846 ~OIITHO~,D, NY 119714)846 soUNO I / / )tV [' I E-MAIL: cgLLP~peconic.net PAUL A, CAMINITI JOSEPH H. GIBBONS LAW OFFICES CAMINITI & GIBBONS, L.L.P. 54075 MAIN ROAD COR. BI~CKWITH AVE. P.O. BOX 846 SOUTHOLD, N.Y. 11971-0846 (631) 765-5900 FAX. NO. (63t) 765-5902 September 20, 2001 Planning Board Town of Southold Main Road Southold, NY 11971 Edwin M. Latson SCTM #1000-57-2-42.1 Dear Mr. Chairman: 2001 Southofd Yown Planning Board On May 14, 1990, your Board approved a lot line change for the above parcel allowing Mr. Latson to convey two small pieces of property to Mr. Schneider and Mr. Bondarchuck while retaining the larger parcel now consisting of 3.345 acres. The covenant filed at the time restricted buildability on the two smaller lots (copy enclosed). The property is directly behind Mr. Latson's home (1000-57-2-12) and he has been mowing the 3.345 acres and keeping it maintained. He is unable at the present time to continue this practice and would like to sell one half of the parcel to Gary Mangus, the present owner of lot I7, subject, of course, to the recorded covenant. Mr. Mangus' property borders on lot 2 of the setoff and is in accordance with paragraph four (4) of the covenant. The remaining 3.345 acres merged with Mr. Latson's lot and approval of your Board is requested to modify the covenant so as to allow Mr. Latson to divide the property hi accordance with the attached sketch subject to a further survey which would accurately describe the property. Mr. Latson would retain approximately 1.8 acres. Mr. Mangus would receive approximately 1.5 acres. MayI please have your comments and reply. Thank you. ~ o[I t, ~ {3 ~ , Very truly yours, cc: E. Latson g~} ~ ~D~ V. Matin, Esq. misc/~tso./~ "P;O. Box ~ gOIJWHOt. D, NY 11971~46 John Bertani Builder Inc. 1380 Oakwood Drive Southold, N.Y. 11971 (516) 765-1594 FAX (516) 765-3916 September 27, 1995 Southold Town Planning Board Town Hall Southold, NY 11971 Gentlemen: I am writing this letter on behalf of Mr. and Mrs. william Schneider, Island View Lane, Greenport, NY. Mr. and Mrs. Schneider are part-time residents of the North Fork at this time but are presently planning to enlarge their small home so that they may retire here within the next few years. In June 1990 they purchased a piece of property from a minor subdivision from Edwin Latson which you approved on May 14, 1990. This piece of property adjoins their property at the northerly line. Due to their proximity to the bay they are unable to add to the water side of their home. Subsequently they had plans drawn to add 12 feet to the north side of their home for which they received a building permit. They now realize that they would need 12 more feet to accomodate a larger addition over a garage. The problem occurs with an easement granted to the Village of Greenport for water lines and a right-of-way that runs directly through the middle of their now one piece of property (actually at the southern most point of the piece they purchased from Edwin Latson). As you can see from the attached surveys, the addition would be into the 15' portion granted to the Village of Greenport of the 34' right-of-way. Upon checking with the village of Greenport, they have said that they would accomodate Mr. and Mrs. Schneider if they would use their own money to move the water line to within the edge of their easement. That would solve the waterline problem but unfortunately it would put the proposed addition at the ~ of the right-of- way. SEP ? ~NfllNG 80A~B TH~qD~lTUR~,madethe ~d ~yof June ,ninet~nhundr~inety EDWIN M. LATSON, residing at 1425 Island View Lane, Greenport, New York 11944 "$ COPY WILLIAM J. SCHNEIUER and JOAN SCHNEIDER, his wife, residing et 20 GilbertuPlace, Yonkere, NY 10701 .C. opH party of t~e ~eond part, WrFNF.~S~I~H, that the ~7 o( the ~rst ~, in ~slde~tion of t~ doH~ and ot~ ~l~bie ~ti~ ~14 ~ ~ ~rty of the s~on4 ~ ~ hereby ~.~ and re ~ unto ~ ~7 of ~e ~ ~, ~ ~ks . rotate; lyi~ ~d ~ in t~ BEGINNING at a point on the easterly line of land :now formerly of Sage at the northwesterly corner of land of ~e.part~ of the second part and the southwesterly corner of land of the~Party of the first part; running thence along said land now o~ ~o~erly of Sag~ North 26 degrees 53 minutes 50 seconds West, 150.0 feet; ~ence ~rou said land of the part of the first party two courses: 1) North 63 degrees 06 minutes 10 seconds East, 68.77 feet; ~ence 2) SoUth 26 degrees 53 minutes 50 seconds East, 136.92 feet to the northeasterly corner of said land of the party of ~e second part; ~ence along sa land SO~H 52 degrees 20 minutes 00 seconds West~ 70.0 feet to the point of BEGINNING. Containing 9,866 square feet The grantor herein being the same person as the named grantee in a certain deed dated January 18, 1990, and recorded on February 26, 199 in Reel 11012 page 179. TOGETHER with and subject to a 34 foot. right of way along the most southerl~ line and a portion of the easterly line of said premises as conveyed to the party of the first part in said deed recorded in reel 11012 page 179. SUBJECT to a water easement over the southerly portion of the premise SUBJECT to the Declaration of Covenants and Restrictions filed on September 11, 1989 in reel 10922 page 320. roads a~tting ~e ~ve d~ri~ premi~ to ~e ~nter ne; th~r~f' T~HE~' ~~ the ~ of ~e s~nd ~o~er ~y ne ~d ~, ~ helre or s~rs ~d ~i~s of AND the party of the first part, in compliance with Sect on 13 of the Lien Law, covenants t/mt the p~rty of the first part will receive the consideration for this conveyance and will ~-~'-~ ,~-- -'-~- .... -- '- ~:t~%eaS~mr.?.u_st.~u_nd to be.ap,p,l!.e4 Erst f,or.the, purp(me o{ paying the. cost o! the imp,ovement and will apply any other purpose. AND the party of the first part covenants as follows: that s~id party of the first part is seized of the said that ~dd pa~y of ~he fi~t pa~ wil! fo~eve~ wer~ant the title to ~l~ ~remi~s. The word "pa~y" shaU he construed u i{ it geed "pa~i~" whenever the ~se of this ~tu~ ~o ~u]~. IN WTTN~ %V~F~ ~he party of the first part h~ duly executed this deed th.e_ day and y~r fi~t a~ove TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert I. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 TO: FROM: RE: DATE:: Planning Board Board of Trustees Bayview Heights SCTM #1000-53-6-46.2 & 57 February 28, 1992 -2-1.1 The Board of Trustees has reviewed the enclosed report from our Consultant, Bruce Anderson, dated February 16, 1992 with regard to the above reference property. The Board has approved this report as long as all activity is beyond 75' of the tidal wetland area. Bruce Anderson Environmental Consultant To: John Bredemeyer, President Southold Board of Trustees From: Bruce Anderson~ Date: February 16, 1992 Re: Bayview Heights SCTM #1000-53-6-46.2 & 57-2-1.1 A field inspection was conducted on the above referenced parcel on February 16, 1992. The field inspection revealed the presence of the pond, a second freshwater wetland west of the pond (primarily on the property of Sage) and a third wetland northeast of the pond (primarily on the property of Posillico). The pond appears to be man made (the resulting spoil was deposited to the north of the pond) and lacks freshwater wetlands vegetation around its periphery. Therefore, the wetland line is the pond boundary as shown on the sketch plan prepared by Roderick Van Tuyl last amended 3un. 12~ 1991. The two other wetlands are either located on the property line or outside the property boundary. The wetland boundary of the second wetland was flagged in the field. The third wetland appears to be located completely outside of the property boundary. While the presence of the pond is regarded as having a regulatory effect on the approval of this subdivision, the remaining wetland areas are for the most part located off site and therefore would have no effect upon subdivision layout. However, all three wetlands will have a regulatory effect on the eventual development of lots 10, 11 and 13. Given the sizes of these respective lots, the eventual construction of dwellings and related appurtenances can all be sited outside the Trustees wetland jurisdiction. 475 Rambler Road, Southold, NY 11971 (516) 765-4071 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 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 January 10, 1991 Bruce Anderson 475 Rambler Road Southold, NY 11971 RE: Bayview Heights SCTM #1000-53-6-46.2 & 57-2-1.1 Dear Mr. Anderson: Enclosed please find a memo and survey from the Planning Board requesting a input from the Trustees. The Trustees inspected this property on January 9, 1992 and request that you meet with Van Tuyl to locate the corners of the lot and flag wetlands. As this project has been around for a while, we would appreciate if you could arrange this as soon as possible. Thank you. Sincerely, John M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: Planning Board soumoto TOW~ ~ PLANNING BoA~D~_._.._.~ R~ODERJICK VAN TUYL, P.C. 218 FRONT STR£1~"r GRE£NF'ORT, NEW YORK 'J 1944 (516) 477-0170 Soutbold Town Planning Board Town Hall Southold, NY 11971 Dear ~lissa: DA'rE Dec. 13, 1991 SUBJECT Holder subdiv. Enclosed is an additional copy of the Holder map, pursuant to your request of August 2, via Cron & Cron, on which we have indicated that portion of Island View Lane that is public. cc: Cron Yours truly, Roderick Van Tuyl, PC FOLD AT (-) TO FIT DRAWING BOARD ENVELOFE # EWIOP I~nclosure For Your Action ~ '~I~-'-J - Re: ~ _BERT~LM_ ~LJ~Ei~ ] 000-57-2-~] . ] Date: Enclosed is _.~;c)l]w (4..~_arlrt~fial m~ p~r ~]ys request. [] Please rewew and call with any revisions or questions [] ~J Please call for an appointment to sign original [] Please sign on every line noted and return to us promptly [] Signature(s) required in place(s) [] Please have signature(s) notarized To: ~OUTHOLD PLANNING BAORD ~ ~ ~ 53095 Main Road PO BOX 1179 SOUTHOLD NY 11971 !C~0 PAUL A. CAMINITI Attorney at Law 54075 Main Road (P.O. Box 992) Southold, NY 11971 (516) 765-1401 54075 MAEN RD. COR. BECKWITH AVE. April 18, 1990 AX. NO. (f~!6) 7G5-5902 Mr. Bennett Orlowski, Jr., Southold Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, N.Y. 11971 Chairman RE: BERTRAM HOLDER SCTM #1000-57-2-1.1 Dear Mr. Orlowski: In reference to the above, the Planning Board previously approved a four acre set-off for Dr. Holder who has since conveyed title to the four acres to Edwin M. Latson. As previously disoussed with you and with members of your staff, Mr. Latson now wishes to convey a small strip of land, 70 feet by 150 feet to William J. Schneider, and another small strip of land, 100 feet by 175 feet to James Bondarchuk. Enclosed is a revised map dated March 8, 1990 reflecting the two pieces of property that Mr. Latson wishes to convey. On February 7, 1990 your office waived the filing of the approved map and, after subsequent conversations with your office, I was informed that the Planning Board would further approve the above request upon receipt of a letter from this office outlining the above conveyances. Would you please be kind enough to review the above and I await your further advices. Very r~ r , PaC/ja ~ Encl. / Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PL~N~G BOARD OFFICE TO~ OF SOUTHOLD February 7, 1990 Marie Ongioni 218 Front Street Greenport, New York 11944 RE: Bertram Holder SCTM# 1000-57-2-1.1 Dear Ms. Ongioni: The Planning Board has reviewed your letter in regard to the filing of the map for the above mentioned subdivision. The Board has decided to waive the filing requirement. A Declaration of Covenants and Restrictions has been filed in the office of the County Clerk stating that the four acre parcel shall not constitute a separate buildable lot. Due to the fact that the four acre parcel was not considered a separate buildable lot, the Planning Board did not require that the final maps contain Suffolk County Health Department approval. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. ~ Chairman ms MARIE ONGIONI Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall, 53095 Main Road P. O. Box ]179 Southold, New York 11971 Re: ADolication of Bertram Holder SCTM # 1000-57-2-1.1 ADDroval for Four Acre Non- Buildable Lot set-off Dear Mr. Orlowski: I am writing to request that the Planning Board amend its resolution dated November 21, 1989 with regard to the filing of the above captioned map in the County Clerk's Office (see page 2 of your letter dated November 21, 1989). This request is made because the County will treat this set- off of a 4 acre non-buildable parcel as a major subdivision, and as such will require among other things Health Department approval, County Attorney approval of the already approved and filed Covenants and Restrictions and maps which conform with the requirements for major subdivisions. I am advised by the Health Department that an exemption will in all likelihood be issued. However, its review will require County Attorney. review of the already approved and filed Ceven~nts and Restrictions. The aforesaid are coupled with numerous other County requirements all of which appear to be unnecessary as they apply to this set-off because the lot set-off is non-buildable. I respectfully request that the Board waive its requirement that the instant sub-division map be filed with the County Clerk, and that the approval of the set-off remain in full force and effect. Your consideration of this request is appreciated. Thank you for your cooperation. Very ~ruly yours, MO/jb cc: Paul A. Caminiti, Esq. Town Hall, 53095 Main Road P.O. Box 1179 Southold? New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD November 21, 1989 Marie Ongioni 218 Front Street Greenport, NY 11944 RE: Bertrem Holder SCTM #1000-57-2-1.1 Dear Ms. Ongioni: The following action was taken by the Southold Town Planning Board on Monday, November 20, 1989. WHEREAS, Bertrem Holder, is the owner of the property known as Bertrem Holder minor subdivision, located on Bayshore Road at Ashamomaque; and WHEREAS, the Southold Town Planning Board pursuant to the State Environmental Quality Review Act, (Article 8), Part 617 Title 6NYCRR, declared itself Lead Agent and issued a Negative Declaration on September 12, 1988; and WHEREAS, a FINAL public hearing was held on said subdivision application at the Town Hall, Southold, "October 16, 1989 at 7:40 p.m.; and N.Y. OB WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED that the Southold To~rn Planning Board approve and authorize the Chairman to endorse the final survey dated September 12, 1989. As per Section A106-26 of the Town Code, the endorsed map shall be filed by the applicant in the Office of the County Clerk. Any plat not so filed or recorded within thirty (30) days of the date upon which such final plat was approved, shall become null and void. The endorsed mylar can be picked up at this office. Enclosed please find a copy of the endorsed paper print for your records. Please note that as per the filed Covenants and Restrictions, any further subdivision of parcel #2 must be authorized by the Planning Board. If you have any questions, please do not hesitate to contact this office. ry truly yours, Bennett Orlowski,Jr. Chairman cc: Building Department Assessor's Office SUBMISSIONS WITHOUT COVER SCTM #1000- SENDER: ~ ~.~ ~ PHONE NUMBER: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE ($16) '/65-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 17, 1989 Marie Ongioni 218 Front Street Greenport, NY 11944 RE: Bertrem Holder SCTM #1000-57-2-1.1 Dear Ms. Ongioni: The final public hearing was held and closed at the Monday, October 16, 1989 regular meeting of the Planning Board. A final determination will be made at the November 20, 1989 regular meeting. Please note that one additional myla~ stamped with Health Department approval, is necessary prior to the November 20, 1989 meeting. If you have any questions, please do not hesitate to contact this office. Ver~f truly yours, MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET, GREENPORT, NEV~/ YORK 11944 October 6, 1989 Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, New York 11971 Re: 4 Acre Holder Set-Off (Anesthesia Group) Dear Melissa: As you requested, enclosed please find a mylar and description of the 34 1/2 acre piece from which the 4 acre parcel will be set- off. Very truly yours, MO/jb Enclosure MARIE ONGIONI Ail that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being near Greenport, in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument set at the northwesterly corner of Lot Number 122 A as shown on a certain map entitled, "Amended Map A. Peconic Bay Estates, situate at Arshamomaque, Town of Southold, New York", made by Otto W. Van Tuyl, under date of May 12, 1933 and filed in the Suffolk County Clerk's Office on May 19, 1933, as Map No. 1124; running thence along the rear line of Lots Numbered 122A, 122 and 123 to 138, inclusive; and then partly across an unnumbered strip of land, South 23 degrees 51 minutes East 880.29 feet; thence partly across last described strip of land and then along the rear line of lots numbered 140 to 145, inclusive, South 16 degrees 59 minutes 20 seconds East 294.50 feet to a point 30 feet southerly from the northwesterly corner of said lot number 145, thence along other land three courses, as follows: First: South 68 degrees 56 minutes 20 seconds West 753.49 feet; thence Second: South 26 degrees 53 minutes 50 seconds East 300.0 feet; thence Third: South 52 degrees 20 minutes 00 seconds West 450.00 feet to land of Sage Brick Manufacturing Company; thence along last described land, North 26 degrees 53 minutes 50 seconds West 1326.77 feet, more or less, to an angle in the line between said Sage Brick Manufacturing Company and land of Kerwin and Kerwin, Inc.; thence along land of Kerwin and Kerwin, Inc., two courses as follows: First: North 47 degrees 43 minutes 30 seconds East 374.36 feet; thence Second: North 60 degrees 00 minutes East 929.42 feet to the point and place of beginning. TOGETHER with a right of way 50 feet in width between lots number 122A and 119 as shown on said map, said right of way extending from Bayshore Road to a point 50.0 feet westerly from the northeasterly corner of the premises hereinbefore described. BEING AND INTENDED TO BE the same premises conveyed by Kerwin and Kerwin, Inc. to Adam Pekunka and Dominika Pekunka, his wife, as tenants by the entirety, by Deed dated December 12, 1939, and recorded in the Suffolk County Clerk's Office in Liber 2078 of deeds at page 45 on December 12, 1939, and by Joseph B. Whitty and wife to Adam Pekunka and Dominika Pekunka, his wife, by Deed dated March 31st, 1948 and recorded in the Suffolk County Clerk's Office in Liber 2813 of deeds at Page 562 on April 8, 1948. BEING AND INTENDED TO BE the same premises known as and described on Suffolk County Tax Map as District 1000, Section 53, Block 6 and Lots 45 and 46. MARIE ONGIONI ATTORNEY AT LAW 21S FRONT STREET, GREENPORT, NEVV YORK 11~44 Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, New York 11971 October 6, 1989 Dear Melissa: Re: 4 Acre Holder Set-Off (Anesthesia GrouP) As you requested, enclosed please find a mylar and description of the 34 1/2 acre piece from which the 4 acre parcel will be set- off. Very truly yours, MO/jb Enclosure MARIE ONGIONI Ail that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being near Greenport, in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument set at the northwesterly corner of Lot Number 122 A as shown on a certain map entitled, "Amended Map A. Peconic Bay Estates, situate at Arshamomaque, Town of Southold, New York", made by Otto W. Van Tuyl, under date of May 12, 1933 and filed in the Suffolk County Clerk's Office on May 19, 1933, as Map No. 1124; running thence along the rear line of Lots Numbered 122A, 122 and 123 to 138, inclusive; and then partly across an unnumbered strip of land, South 23 degrees 51 minutes East 880.29 feet; thence partly across last described strip of land and then along the rear line of lots numbered 140 to 145, inclusive, South 16 degrees 59 minutes 20 seconds East 294.50 feet to a point 30 feet southerly from the northwesterly corner of said lot number 145, thence along other land three courses, as follows: First: South 68 degrees 56 minutes 20 seconds West 753.49 feet; thence Second: South 26 degrees 53 minutes 50 seconds East 300.0 feet; thence Third: South 52 degrees 20 minutes 00 seconds West 450.00 feet to land of Sage Brick Manufacturing Company; thence along last described land, North 26 degrees 53 minutes 50 seconds West 1326.77 feet, more or less, to an angle in the line between said Sage Brick Manufacturing Company and land of Kerwin and Kerwin, Inc.; thence along land of Kerwin and Kerwin, Inc., two courses as follows: First: North 47 degrees 43 minutes 30 seconds East 374.36 feet; thence Second: North 60 degrees 00 minutes East 929.42 feet to the point and place of beginning. TOGETHER with a right of way 50 feet in width between lots number 122A and 119 as shown on said map, said right of way extending from Bayshore Road to a point 50.0 feet westerly from the northeasterly corner of the premises hereinbefore described. BEING AND INTENDED TO BE the same premises conveyed by Kerwin and Kerwin, Inc. to Adam Pekunka and Dominika Pekunka, his wife, as tenants by the entirety, by Deed dated December 12, 1939, and recorded in the Suffolk County Clerk's Office in Liber 2078 of deeds at page 45 on December 12, 1939, and by Joseph B. Whitty and wife to Adam Pekunka and Dominika Pekunka, his wife, by Deed dated March 31st, 1948 and recorded in the Suffolk County Clerk's Office in Liber 2813 of deeds at Page 562 on April 8, 1948. BEING AND INTENDED TO BE the same premises known as and described on Suffolk County Tax Map as District 1000, Section 53, Block 6 and Lots 45 and 46. LEGAL NOTICE Notice of p. bHc Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Terra Law, a public hea~n8 will be held by the Scuthold Towa plannkag Board, ~ the Tovm lta~, M~in Road, Southold, New York in said Town ~ the 16th dayOl October, 1989 o~ the question of the following: 7:35 p.m. Final approval of the minor subdivisio~ of John Simicich, located at the Town of Southold, County of Suffolk and the State o! New york. Suffolk Coanty T~x M~ Number 1000-121 -l-p/ol. The propc~y is bordered on th no~xh by I_arid x~.or formerly of Thorton l~. Smith; on the east by land now or fo~nefly of Thcnto~ E. Smith; on the south by Sound Av- enue; on the west by Bergen Avenue. 7:40 p.m. Final approval of the nunor subdivision of Bertram Hold- er, located at the Town of Southold, CoRIlty of Suffolk mad the Stat~ of New York. Suffolk County Tax Map Nmnber 1000-57-2-1.1. The property is bordered on the no~th by land now or formerly of Posillico, by land now or formerly of Holder, by land now or fomaerly ~f the Town of Southold; on the e~st by land now or formerly of the rr~dy el' Mc~ald; o~ the south by ~ now or formerly of Carlucc/, by of Latsc~ (Matassa), by land now or G~ace L. Schanz (subject to Suffolk 6452-.l_T~ 5 STATE OF NEW YORK) ) COUNTY OF SUFFOLK) Patricia Heaney of Mattituek, ;r said County, being duly sworn, says that he/she is Print- Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of Mew York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 5th day of October 19 89 Swom to before me this .~ day of ~(~/~ ,~, 19 _~ LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Sedion 276 of the Town Law, a public hearing will be held by the Soutbold Town Planning Board, t the Town Hall, Main Road, Southold, New York in said Town on the 16th day of Octo- ber, 1989 on the question of the , following: 7:35 p.m. Final approval of the minor subdivision of John Simicich, located at the Town of Soathold, County of Suffolk and the State of New York. Suf- folk County Tax Map Number 1000-121-l-p/ol. The property is bordered on the north by land now or formerly of Thorton E. Smith; on the east by land now or formerly of Thorton E. Smith; on the south by Sound Avenue; on the west by Bergen Avenue. 7:40 p.m. Final approval of the minor subdivision of B~r- tram Holder, located at the Town of Southold, CoUnty of Suffolk and the State of New York. Suffolk County Tax Map Number 1000-57-2-1.1. The Property is bordered on the north by land now or formerly of Posillico, by land now or formerly of Holder, by land now or formerly of the Town of Southold; on the east by land now or formerly of the subdivision of Peconic Bay Estates, lots 122a-145, by land now or formerly of Casey, by land now or formerly of Hoey, by land now or formerly of Mc- Donald; on the south by land now or Ibrmerly of Goele, by land now or formerly of Blitz, by land now or formerly of Car- lucci, by land now or formerly of Bondarchuk; on the south- west by land now or formerly of Baldwin, by land now or for- merly of Swanson, by land now or formerly of Arcipmte, by land now or formerly of Carlucci, by land now or formerly of Koscis, by land now or formerly of Jones, by land now or formerly of Dudley, by land how or formerly of Burkhardt, by land now or formerly of Latson (Matassa), by land now or formerly of Schneider; on the west by land now or formerly of Sage. 7:50 p.m. Final approval of the major subdivision of Eli- jah's Lane Estates Section 3, located at the Town of Southold, County of Suffolk and the State of New York. Suf- folv County Tax Map Number 1000-108-4-7.1. The Property is bordered on the north by Rebekas Road, by land now or formerly of Elijah's Lane Estates, Section 1; on the east by Elijah's Lane Estates, Section II, by Tabor Road and Jeremiah's Lane; on the south by land now or formerly of Agnes Grabowski; on the west by Long Island Rail Road. 7:55 p.m. Final approval of the major subdivision of Wolf Pit Estates, located at the Town of Southold, County of Suffolk and the State of New York. Suf- folk County Tax Map Number 1000-107-4-2.1. The property is bordered on the north by Mill Road; on the east by land now or formerly of Henry Nelkin, by land now or formerly of James E. Brockbank, by Wickham Avenue, by land now or former- ly of Mattituck Park District; on the south by land now or formerly of France A. Tuthill, by land now or formerly of Ralph W. Tuthill, by land now or formerly of Ralph Tuthill Jr. and Frances Tuthill, by land now or formerly of Dean F. lhthill, by land now or formerly of Louis T. Herr, by Long Creek; on the west by land now or formerly of Grace L. Schanz (subject to Suf- folk County Development Rights). Any person desiring to be heard on the above matters should appear at the time and place specified. Dated: October 2, 1989 BY ORDER OF THE COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler Watchman once each week for .................. / weeks successively, commencing on tile .......... ~. .......... :.. ........ 9 m.. ., Swo~n tobefme me this ........... Q ......... day of Notary Public BARBARA A, SCHNEIDER NOTARY PUBLIC, State 01 New York No, 4806846 Qua[iPed in Suffolk Coun)¥ Conlmission Expires -J~/-~//~ MARIE ONGIONI FRONT 5TRE--~T, GR£ENPORT, NEON YORK (~16) 477.2048 September 15, 1989 Ms. Melissa Spiro Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Final MaD Showin~ filed Declaration of Covenants and Restrictions - Anesthesia Group P. C., by Bertram Holder Dear Melissa: Enclosed are eight final maps dated September 12, above set-off recorded. 1989 for the reciting that the restrictions have been duly Very?.,. truly yours, MARIE ONGIONI / MO/jb Enclosures MARIE ONGIONI ATTORNEY AT LAW 21S FRONT STREET, GREENPORT, NEW YORK 11944 September 7, 1989 Bennett Orlowski Jr. Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Final Map Showinq filed Declaration of Covenants and Restrictions - anesthesia Group P. C., by Bertram Holder Dear Mr. Orlowski: I enclose for final approval the final map (eight prints) for the above captioned set-off, reciting the recording of the Declaration of Covenants and Restrictions in liber 10922 at page 320 on September 5, 1989. Also enclosed is the Declaration of the Covenants and Restrictions. It appears that all Planning Board requirements have been met. The Board's prompt final approval in the application is appreciated. MO/jb Enclosures cc: Paul A. Caminiti MARIE ONGIONI 218 FRONT STREET. GR£ENPORT, N~/V YORK 11944 SEP I September 7, 1989 Bennett Orlowski Jr. Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Final MaD Showinq filed Declaration of Covenants and Restrictions - anesthesia Group P. C., by Bertram Holder Dear Mr. Orlowski: I enclose for final approval the final map (eight prints) for the above captioned set-off, reciting the recording of the Declaration of Covenants and Restrictions in liber 10922 at page 320 on September 5, 1989. Also enclosed is the Declaration of the Covenants and Restrictions. It appears that all Planning Board requirements have been met. The Board's prompt final approval in the application is appreciated. Ve~ truly yours, MARIE ONGION~ MO/jb Enclosures cc: Paul A. Caminiti TO: FROM: DATE: RE: Rob Berntson Melissa Spiro May 30, 1989 Bertram Holder SCTM# 1000-57-2-1.1 Attached please find the Covenants and Restrictions for the above mentioned subdivision. These have been revised as per your previous review. I have reviewed, and the draft is in accordance with the comments from the County Planning Commission and the requests from the Planning Board. Please let me know if you need any additional information. MARIE ONGIONI A'n'oRNE'Y AT LAW May 23, 1989 Bennett Orlowski, Jr., Chairperson Planning Board Office, Town of Southold Town Hall, 53095 Main Road Post Office Box 1179 Southold, New York 11971 Re: Holder to Latson Dear Chairperson Orlowski: In accordance with your correspondence of May 19, 1989, I submit herewith amended covenants and restrictions for review. Very truly yours, ONGIONI cO/j b nclosures c: Paul Camlniti, =sq. ~U,, ~IA~ 2 ~ 1989 DECLARATION OF COVENANTS AND RESTRICTIONS------: DECLARATION made this day of May, 1989 by BERTRAM HOLDER, residing at 356 Clifton Avenue, Brooklyn, New York 11238, hereinafter referred to as "Declarant". WI TNE S S E TH : WHEREAS, the Declarant is the owner in fee-simple of a track of land at Arshomomaque, in the Town of Southold, Suffolk County, New York, shown on a certain subdivision map entitled "Map of Subdivision prepared for Bertram Holder at Arshamomaque, in the Town of Southold, New York". WHEREAS, the Declarant has made application to the Planning Board at the Town of Southold for approval to subdivide the said real property into two parcels, and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold and the owners and prospective owners of said parcels that the within covenants and restrictions be imposed on said parcels, and as a condition of said approval said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk"s Office, and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interests of the Declarant and subsequent owners of said parcels. NOW THEREFORE, THIS DECLARATION WITNESSETH: That the said Declarant, for the benefit of himself, his successors and assigns, in consideration of the premises and for the purpose of carrying out the above expressed intentions, does hereby make known, admit, publish, covenant and agree that the said premises hereinabove set forth, shall hereafter be subject to the following covenants, easements, restrictions and agreements: 1. Zoning regulations and ordinances of the Town, County and State or other governmental bodies in which the premises lie. 2. The four (4) acre parcel heretofore set-off shall not constitute a separate buildable lot and shall merge with the land of Edwin M. Latson. 3. Any further set-off, subdivision or change in lot size of Parcel 2 as shown on said map shall be done with the express understanding that said land so set-off shall not constitute a separate buildable lot. Any further set-off, subdivision or change in Lot size of Parcel 2 must be authorized by the Planning Board. 4. Any portion of said Lot 2 so set-off or subdivided shall only be made to a property owner whose land borders on Lot 2. 5. Upon said set-off or subdivision of the lots as set forth above the property so set-off or subdivided shall automatically merge with said property owners land and shall be considered one parcel. A map of the subdivision shall be filed in the office of the County Clerk. 6. That, except as set forth above, Declarant reserves the right to impose additional covenants and restrictions, and further reserve the right to modify, change and/or annul any such additional covenants and restrictions that may be imposed from time to time in the future. 7. A metes and bounds description of the entire subdivision is attached hereto and made a part hereof. IN WITNESS WHEREOF, the Declarant has executed the foregoing Declaration this day of May, 1989. BERTRAM HOLDER STATE OF NEW YORK COUNTY OF SUFFOLK On the day of May, 1988, before me personally came BERTRAM HOLDER, to me known and know to me, to be the individual described in and who executed the foregoing instrument and he duly acknowledged that he executed the same. Notary Public Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE {~16) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 19, 1989 Marie Ongioni 218 Front Street Greenport, NY 11944 RE: Bertram Holder SCTM #1000-57-2-1.1 Dear Ms. Ongioni: The following action was taken by the $outhold Town Planning Board on Monday, May 15, 1989. It was RESOLVED that if ~e following is added to the draft of the Covenants and Restrictions, in addition to the Planning Board's previously requested revisions, the conditions of the Suffolk County Planning Commission report will be met. Upon said set-off or subdivision of the lots as set forth above, the property so set off or subdivided shall automatically merge~ith said property owners land and shall be considered, one parcel. A map of the subdivision shall be filed in the office of the County Clerk. The Planning Board is not requiring that the applicant comply with #3 and ~4 of the County report, as the road is existing and no new building lots are proposed. A draft of the revised Declaration of Covenants and Restrictions should be submitted to the Planning Board office for review. Satisfactory Covenants and Restrictions must then be filed with the Office of the County Clerk. Final maps must state that Covenants and Restrictions have been filed and must include the liber and page number. Please note, in response to Mr. Caminiti's letter of April 6, 1989, that the Planning Board is not in favor of terminating the proposed thirty four foot (34') Right-of-Way so that it would end at the Schneider property rather than pass through it. If you have any questions, please do not hesitate to contact this office. cc: SCPC Paul Caminiti eRc. jt Very truly yours, B~E~ ORLOWSKI,JR. ?~'~ CHAI~ DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALP~N SUFFOLK COUNTY EXECUTIVE -- soo'r':~ ' : April 10, 1989 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11901 Re: Map of Subdivision prepared for Bertram Holder Northerly side of Island View Lane 234.18 feet westerly from Bayshore Road, Arshamomaque, New York. Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on April 5, 1989, reviewed the proposed subdivision plat, entitled, "Map of Subdivision prepared for Bertram Holder" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following six conditions deemed necessary for good planning and land use. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized' by the Southold Town Planning Board. Since this tract has the potential to be further subdivided, any subdivision of any part of this tract in the future shall have a map of the subdivision filed in the office of the County Clerk. The owner of this property shall make an offer to dedicate to the Town of Southold for highway purposes his interest in the private road, Island View Lane, that serves as access for the property. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the bend in the private road, Island View Lane, at the southeasterly cornsr of Lot 2 to facilitate turns at the corner and to enhance the streetscape. Conditions 1 and 2 shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. Map of Subdivision prepared for Bertram Holder Page 2 ................................................................................ These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board or Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map for your usa and consideration: It is suggested that before approval is granted to this subdivision that the subdivider be required to submit this proposal to the Suffolk County Department of Health Services for review to insure that the proposed subdivision will mset the requirements and standards of that agency. Conditional approval of this subdivision does not in any way imply approval of the layout of future subdivision of this tract presently under consideration. The map of this minor subdivision should be filed in the office of the County Clerk. This is to insure the validity of the subdivision map and that the subdivision map will be available to the general public in a central office of official records. File: S-SD-89-04 CGL:mb Encl.: Map Very truly yours, Arthur H. Kurtz Acting Director of Planning Charles G. Lind, Chief Planner Subdivision Review Division cc: R. Villa, P.E., SCDHS P.O. BOX 992 April 6, 1989 Benenett Orlowski Jr., Chairman Southold Town Planning Board 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Proposed Set-Off of Bertram Holder SCTM #: 1000/57/2/1.1 Dear Mr. Orlowski: My office represents Edwin Latson, the contact vendee, of the four (4) acre parcel in the above proposed set-off. As you will note from the covenants and restrictions that are being filed in this matter and the previous discussions and correspondence, it is Mr. Latson's intent to convey two smaller parcels to his neighbors Mr. Schneider and Mr. Carlucci as reflected in the attached map from Roderick Van Tuyl dated March 21, 1979 and as amended September 7, 1988. Under the circumstances, we would like to terminate the proposed 34' right of way at a point that would be 70' from the westerly properly line so that the right of way would end at the Schneider property rather than pass through it. Since the smaller parcel of 70 X 100 will be conveyed to Mr. Schneider and merge with his existing property, there appears to be no reason why the right of way should continue to the westerly property line of Mr. Holder. It is as part of the determinations. respectfully requested that you consider this request above set-off when you are making your PAC/nmw Enc. cc: Edwin Thank you. Latson Toxvn Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAR 8 1989 Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, the Southold Town Planning Board hereby refers the following proposed final plat to the Suffolk County Planning Commission: (Map of) (Minor Subdivision) Hamlet Tax Parcel Identifier No. I~riTC~ Z -7 Material Submitted: Minor Subdivision - C'lass A(3 copies) Class B (2 copies) Major Subdivision (3 Copies) Preliminary Map (1 copy) '; Topogra~.nic Map (1 copy) Darinage Plan (1 copy) ; Street Profiles (1 copy) ; Grading Plan (1 copy) ; Planning Board Res. (1 c6py) ~.~. Other material (specify and give number of copies) (l~ ~_.O~-r~ ,~ & -'/ Waiver of Subdivision Requirements - See attached sheet ~ ~ Very truly yours, Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE ($16) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 6, 1989 Marie Ongioni 218 Front Street Greenport, New York 11944 RE: Proposed Set-off of Bertram Holder SCTM%1000-57-2-1.1 Dear Ms. Ongioni: To confirm your telephone conversation of 3/6/89 with Melissa Spiro, the following must be added to the revised covenants and restrictions. %3 Any further set-off, subdivision or change in lot size of Parcel 2 as shown on said map shall be done with the express understanding that said land so set-off shall not constitute a separate buildable lot. Any further set-off, subdivision or change in lot size of Parcel 2 must be authorized by the Planning Board. As discussed, the proposal has been sent to the Suffolk County Planning Commission for review. Revised covenants and restrictions should be submitted after the Planning Board has reviewed, the Suffolk County Planning Commission report for any additional covenants and restrictions. ery truly yoRr's,/? .' / · B~E~ ORLOWSKI , JR. CHAI~ ms INTER-OFFICE MEMO FROM THE TOWN ATTORNEY'S OFFICE TO: Robert H. Berntsson, Assistant Town Attorney FROM: DATE: REF: MARIE ONGIONI ATTORNEY AT LAW i"~','VN ATTORNEY'S OFFICE L TOWN OF SOUTHOLO tEENPORT, NEW YORK 1194~, ) 477-2048 February 27, 1989 Robert H. Berntsson Assistant Town Attorney Town of Southold 53095 Main Road Southold, New York 11971 Re: Holder to Latson Dear Mr. Berntsson: Pursuant to our telephone conference, I enclose herewith revised covenants and restrictions for the above set-off. If these are acceptable I would anticipate prompt approval of the set-off. If you have any questions, please call. Very~'~ruly ~, MAI~IE ONGI~I / MO/jb Enclosure TO: Rob Berntsson From: Melissa Spiro Date: February 13, 1989 RE: Set-off of Bertram Holder SCTM#1000-57-2-1.1 As an outcome of your previous review and discussion with me, the Planning Board sent the enclosed correspondence to Marie Ongioni. Also enclosed is her response to that correspondence. As stated in her letter, she does not feel that it is necessary to comply with the Planning Board's request. What is your opinion to her response? TO: Rob Berntsson From: Melissa Spiro Date: February 13, 1989 RE: Set-off of Bertram Holder SCTM#1000-57-2-1.1 As an outcome of your previous review and discussion with me, the Planning Board sent the enclosed correspondence to Marie Ongioni. Also enclosed is her response to that correspondence. As stated in her letter, she does not feel that it is necessary to comply with the Planning Board's request. What is your opinion to her response? MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET, GREENPORT. NEW YORK 11944 (516) 477-2048 DEC 9 SOUTHOLD TOWN / PLANNING BOARD ~. October 6, 1988 Bennett Orlowski, Jr., Chairperson Southold Town Planning Board 53095 Main Road, P. O. Box 1179 Southold, New York 11971 Re: Proposed Set-off of Bertram Holder SCTM # 1000/57/2/1.1 Dear Mr. Orlowski: I am in receipt of your most recent letter regarding the above wherein you require statements that: 1. Lot 2 shall not be considered a buildable lot, and 2. any further subdivisions of the 4 acre parcel must come before the Planning Board. It is my opinion that the Covenants and Restrictions already submitted to the Board adequately state the above. I refer you to Paragraphs 2, 3, and 4 of the covenants. I see no material difference between the language used in the Covenants and Restrictions submitted heretofore, and your recent request. It appears that the Board may not fully understand the essence of the set-off. The applicant intends to set-off the 4 acre parcel and convey it to Edwin Latson who understands and agrees that only two further set-offs will be permitted, one to contiguous property owner Schneider and another to contiguous property owner Carlucci. Furthermore, it is understood and agreed that each of the set-offs will be merged with the already existing parcels. The balance of the 4 acres, or 2.842 acres as shown on the survey, will be retained by Mr. Latson and merged with his parcel. To comply with your most recent request is redundant and in my opinion unnecessary. In accordance with your request, I enclose a revised description of the property. Please complete the review process immediately. Thank you for your cooperation. Very truly yours, ONGION MO/jb Enclosure cc: Paul Cam]niti, Esq REVISED DESCRIPTION - NOVEMBER~ 1988 ADDENDUM TO APPLICATION OF BERTRAM HOLDER Ail that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being near Greenport, in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument set at the northwesterly corner of Lot Number 122A as shown on a certain map entitled, "Amended Map ^. Peconic Bay Estates, situate at Arshomomaque, Town of Southold, New York", made by Otto W. VanTuyl, under date of May 12, 1933 and filed in the Suffolk County Clerk's Office on May 19, 1933, as Map No. 1124; running thence along the rear line of Lots Numbered 122A, 122 and 123 to 138, inclusive; and then partly across an unnumbered strip of land, south 23° 51' East 880.29 feet;~ thence partly across last described strip of land and then along the rear line o~f lots numbered 140 to 145, inclusive, South 16° 59' 20" East 294.50 feet to a point 30 feet southerly from the northwesterly corner of said lot number 145' thence along other land three courses, as follows: First: South 68° 56' 20" West 125.32 feet; thence Second: South 26° 53' 50" East 300.00 feet; thence Third: South 52° 20' 00" West 450.00 feet to land of Sage Brick Manufacturing Company; thence along last described land, North 26° 53' 50" West ~7~,~P, feet, more or less, to an angle in the line between said Sage ~----~t Brick Manufacturing Company and land of Kerwin and Kerwin, Inc. thence along land of Kerwin and Kerwin, Inc. two courses as follows: ' First: North 47° 43' 30" East 374.36 feet; thence Second: No~th 60° 00' East 929.42 feet to the point and place of BEGINNING. TOGETHER with a ~ight of way 50 feet in width between lots number 122A and 119 as shown on said map, said right of way extending from Bayshore Road to a point 50.0 feet westerly from the north- easterly corner of the premises hereinbefore described. TOGETHER with a right of way from Island View Lane beginning 234. 18 feet from the intersection of Bayshore Road and Island View Lane running 53.67 feet in width between the lots of Casey, Hoey and McDonald on the East and Goelz on the West as shown on said map, said right of way running South 16° 59' 20" East 274.69 feet, running thence North 85° 40' 30" West 53.67 feet, running thence North 16° 59' 20" West 251.66 feet. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 25, 1988 Marie Ongioni 218 Front Street Greenport, NY 11944 RE: Proposed set-off of Bertram Holder SCTM #1000-57-2-1.1 Dear Ms. Ongioni: As a follow up to your conversation with Melissa Spiro on October 21, 1988 the Board request that the following concepts be in incorporated into the proposed Covenents and Restrictions. It must be stated that Lot #2 (the four (4) acre piece) shall not be considered a buildable lot. An addition to the section pertaining to further subdivision of the four (4) acre parcel should be made. It should state that any further division of that four (4) acre piece must come before the Planning Board. Plase incorporate the above into the legal language of the Covenents and Restrictions and submit them to this office for review. Please note also that there is a discrepency between the property description and the map. Please revise accordingly. If you have any questions, please do not hesitate to contact this office. MS/jt DATE: SUBJECT: '? Signature IECLARATION OF COVENANTs AND RESTRI CTION DECLARATION made this day of October, 1988 by BERTRAM HOLDER, residing at 356 Clifton AVenue, Brooklyn, New York 11238, hereinfater referred to as "Declarant.,, W I TNE S S E T H : WHEREAs, the Declarant is the OWner in fee-simple of a track of land at Arshamomaque, in the Town of Southold, Suffolk County, New York, shown on a Certain SUbdivision map entitled "Map of Subdivision prepared For Bertram Holder at Arshamomaqu~, in the Town of Southold, New York". WHEREAs, the Declarant has made application to the Planning Board at the Town of Southold for approval to subdivide the said real property into two parcels, and b/HEREAs, for and in Consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be for the best interests of the Town of Southold and the OWners and prospective OWners of said parcels that the within COvenants and restrictions be imposed on said parcels, and as a condition that the W~thin Clerk's OFfice, of said approval said Planning Board has required Declaration be recorded in the Suffolk County and WHEREAs, the Declarant has Considered the foregoing determined that the Same will be for the best interests of the Declarant and SUbsequent owners of said parcels. and NOW THEREFORE, THIS DECLARATION WITNESSETH: That the his successors and for the purpose of does hereby make known, said Declarant, for the benefit of himself, assigns, in consideration of the premises and carrying out the above expressed intentions, admit, publish, that covenant and agree hereafter be restrictions the said premises hereinabove set forth, shall subject to the following covenants, easements, agreements: 1. Zoning regulations and ordinances of the Town, County and State or other governmental bodies in which the premises lie. and 2. That any set-off, subdivision or change in lot size of parcel 2 containing 4 acres as shown on said map shall be done with the express understanding that said land so set-off shall not constitute a separate buildable lot. 3. That any portion of said lot 2 so set-off or subdivided shall only be made to a property owner whose land borders on lot 2. 4. That upon said set-off or subdivision of the lots set forth above,the property so set-off or subdivided shall automatically merge with said proeprty owners land and shall be considered one parcel. as 5. That, except as set forth above, Declarants reserve the right to impose additional covenants and restrictions, and further reserve the right to modify, change and/or annul any such additonal covenants and restrictions that may be imposed from time to time in the future. 6. A metes and bounds description of the entire subdivision is attached hereto a made a part hereof. IN WITNESS WHEREOF, the Declarant has executed the foregoing Declaration this day of October, 1988. BERTR~AM HOLDER STATE OF NEW YORK) COUNTY OF SUFFOLK) On the day of October, 1988, before me personally came Bertram Holder, to me known and known to me, to be the individual described in and who executed the foregoing instrument, and he du]y acknowledged thay he executed the same. Notary Public MARIE ONGIONI ATTORN£Y AT LAW 218 FRONT STREE:"r. ~ NEW YORK 11944 October 12, 1988 Bennett Orlowski Jr., Chairperson Southold Town Planning Board Southold Town Hall 53095 Main Road Southold, New York 11971 Re: Covenants and Restrictions Holder to Latson set-off Dear Mr. Orlowski: Enclosed are the proposed Covenants and Restrictions for the above captioned property. Please advise if you require anything further. If not, I would appreciate prompt approval ef the set-off. Thank you. Very truly your~s, MARI~ ONG~ON1t-/ MO/jb Enclosures MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET, GREENPORT, NEW YORK 11944 September 26, 1988 Bennett Orlowski, Jr., Chairman Southold Town Planning Board 53095 Main Road, Box 1179 Southold, New York 11971 Re: Holder Set-Off Dear Mr. Orlowski: Per your request, enclosed is a metes and bounds description of the larger parcel from which the four (4) acre set-off is to be drawn. The covenants and restrictions are being prepared and will be forwarded as soon as possible. Very truly yours, Ai MARIE ONGIO~I MO/jb Enclosure ADDENDUM TO APPLICATION OF BERTRAM HOLDER All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being near Greenport, in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument set at the northwesterly corner of Lot Number 122A as shown on a certain map entitled, "Amended Map A. Peconic Bay Estates, situate at Arshamomaque, Town of Southold, New York", made by Otto W. Van Tuyl, under date of May 12, 1933 and filed in the Suffolk County Clerk's Office on May 19, 1933, as Map No. 1124; running thence along the rear line of Lots Numbered 122A, 122 and 123 to 138, inclusive; and then partly across an unnumbered strip of land, south 23° 51' East 880.29 feet; thence partly across last described strip of land and then along the rear line of lots unmbered 140 to 145, inclusive, South 16° 59' 20" East 294.50 feet to a point 30 feet northwesterly corner of said lot number t45' land three courses, as follows: First: South 68° 56' 20" West 753.49 Second: South 26° 53' 50" East 300.0 Third: South 52° 20' 00" West 450.00 Manufacturing Company; southerly from the thence along other feet; thence feet; thence feet to land of Sage Brick thence along last described land, North 26° 53' 50" West 1236.77 feet, more or less, to an angle in the line between said Sage Brick Manufacturing Company and land of Kerwin and Kerwin, Inc.; thence along land of Kerwin and Kerwin, Inc., two courses as follows: First: North 47° 43' Second: North 60° 00' of beginning. TOGETHER with a right 122A and 119 as shown from Bayshore Road to 30" East 374.36 feet; thence East 929.42 feet to the point and place of way 50 feet in width between lots number on said map, said right of way extending a point 50.0 feet westerly from the north- easterly corner of the premises hereinbefore described. B~-}~g~tended to be the same premises conveyed by K_~__~~d Kerwin~minik~ Pe~ wife, as tenants by the entirety, y ~ecember 12, 1939, and heS y er r 2O78 of deeds at itty wife to Adam Pekunka. State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I Project Information (To be completed by Applicant or Project sponsor) BERTRAM HOLDER M~.ici~alltv Southold CounW Suffolk [] New [] [xpansion [] t~ndi~icatio./al.'ratin. S e L- o f f S. Uescribe~ol~ctb,iet~V: Applicant p[oposes to set-off a four (4) acre parcel and to convey said parcel to a ne~ghbozing property owner. --L~J Yes [] No If No. describe briefly [] Residential [] Industrial [] Commercial [] Yes [] No If yes. list asency('0 and permRJapprovals [] Yes r~ No I[ yes, list agency.amc and pe~mib~aporoval type / Date: Feb. 1 , 198; If tho aclion is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER MARIE ONGIONI ATTORNEY AT LAW "SOUTHOLO TOWN' · I:NI"[(~RT. NEW YORK September 12, 1988 Bennett Orlowski, Jr., Chairman Southold Town Planning Board 53095 Main Road, Box 1179 Southold, New York 11971 Re: Set-off of Four Acre Parcel and Conveyance to Latson Dear Mr. Orlowski: Enclosed herewith are 8 copies of final map for the above captioned set-off which was issued sketch plan approval on July 27, 1988. If all is in order, I would appreciate the Board's prompt approval of the matter. Thank you for your cooperation. MO/ih Enclosures V~ t r u~l y yours, Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 15, 1988 Marie Ongioni 218 Front Street Greenport, NY 11944 RE: Bertram Holder SCTM ~1000-57-2-1.1 Dear Ms. Ongioni: The following action was taken by the Southold Town Planning Board on Monday, September 12, 1988. RESOLVED that the Southold Town Planning Board make a determination under the State Environmental Quality Review Act of non-significance. If you have any questions, please do not hesitate to contact this office. Very J~y yours, _.~ ,~ ,,~ BENNETT ORLOWSKI , JR. CHAIRMAN enc. jt Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1935 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 09/17/88 NEGATIVE DECLARATION Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR part 617, Section 617, Section 617.10 and chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for this unlisted action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Bertram Holder on 34.619 acres located at Arshamomaque. SCTM #1000-57-2-1.1. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. 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 commets or objections form that agency. Further information can be obtained by contacting Jill M. Thorp, Secretary Southold Town Planning Board, Main Road, Southold, NY 11971. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-19,38 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 27, 1988 Marie Ongioni 218 Front Street Greenport, NY 11944 RE: Bertram Holder SCTM #1000-57-2-1.1 Dear Ms. Ongioni: The following action was taken by the Southold Town Planning Board on Monday, July 25, 1988. RESOLVED that the Southold Town Planning Board start the coordination process to determine Lead Agency and Environmental Significance. RESOLVED that the Southold Town Planning Board grant sketch plan approval on this minor subdivision. This parcel is on 34.619 acres located at Arshamomaque. Final maps must show the location of the proposed and existing Right-of-Way on the parcel being set off. Sketch plan approval is conditional upon submission of final maps within six months of sketch approval, unless an extension of time is granted by the Planning Board. If you have any questions, please do not hesitate to contact this office. Very truly yours, BENNETT ORLOWSKI , JR. ~'- CHAIRMAN enc: jt Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 1988 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 application and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Requested Action: SEQRA Classification: Type I Unlisted Contact Person: Jill M. Thorp 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. Agency Position: [ ] [ ] This agency has no objection to your agency assuming lead agency status for this action. This agency wishes to assume lead agency status for this action. Other. (See comments below) Comments: Please feel free to contact this office for further information. cc: Applicant Board of Appeals Board of Trustees Building Department Southold Town Board Judith Terry, Town Clerk ~Suffolk County Planning Comm' ' ~Suffolk County Dept. of Hea~l~rvices ~NYSDEC- Stony Brook *NYSDEC- Albany Maps are enclosed for your review MARIE ONGIONI ATTORNEY AT LAW RECEIVED BY DATE FRONT STREET. GREENPORT, NEW YORK 11944 June 15, 1988 Southold Town Planning Board Ms. Melissa Spiro Southold Town Hall 53095 Main Street Southold, New York 11971 Re: Island Anesthesia Group Set-off to Latson Dear Melissa: I understand that the Planning Board considered the above set-off at its work session on for June 10, 1988. is the current status of the application? What Your prompt cooperation is appreciated. Very truly yours, ARIE ONGIUNI / MO/jb FROM: ADDRESS: DATE: SUBJECT: Signature MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET. GREENPORT, NEW YORK 11944 May 10, 1988 Bennett Orlowski, Chairman Southold Town Planning Board Town Hall Main Road Soathold, New York 11971 Re: Set-off, Anesthesia Group (Dr. Bertram Holder) Dear Mr. Orlowski: In accordance with the request of the office of the Town Planner, I enclose herewith a complete description of the parcel now part of and to be contigious with the proposed four (4) acre set-off, which is to be deeded to Edwin Latson. My client, the applicant herein, has agreed to sell the four (4) acre parcel to Edwin Latson. According to the attorney for the purchaser, Mr. Latson intends to convey one acre parcel to one adjoining property owner (Carlucci, owner of lot 17) and a 70 x 100 foot strip to another (Schneider, owner of Lot 11). Mr. Latson and all the other property owners along Island View Lane have a 16 foot right of way across the property owned by my client. This right of way traverses the southerly portion of the parcel to be deeded and has been used for many years. It is not refleqted in.the d~eds. The roadway is now maintained by the property owners. According to counsel Mr. Latson intends to maintain the property as open space and intends to improve the road to Town specifications. This is submitted to be considered in conjunction w.ith the other papers now on file with the Planning Board. MARIE ONGIONI MO/jb Enclosure APPLICANT: ANESTHESIA GROUP P.C. Description of District 1000, Section 53, Block 6, Lots 45 & 46 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being near Greenport, in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument set at the northwesterly corner of Lot number 122 A as shown on a certain map entitled, "Amended Map A. Peconic Bay Estates, situate at Arshomomaque, Town of Southold, New York", made by Otto W. Van Tuyl, under date of May 12, 1933 and filed in the Suffolk County Clerk's Office on May 19, 1933, as Map No. 1124; running thence along the rear line of Lots numbered 122A, 122 and 123 to 138, inclusive; and then partly across an unnumbered strip of land, south 23° 51' East 880.29 feet; thence partly across last described strip of land and then along the rear line of lots numbered 140 to 145, inclusive, south 16° 59' 20" east 294.50 feet to a point 30 feet southerly from the northwesterly corner of said lot number 145' thence along other land three courses, as follows: First: South 68° 56' 20" West 753.49 feet; thence Second: South 26° 53' 50" East 300.0 feet; thence Third: South 52° 20' 00" West 450.00 feet to land of Sage Brick Manufacturing Company; thence along last described land, North 26° 53' 50" West 1326.77 feet, more or less, to an angle in the line between said Sage Brick Manufacturing Company and land of Kerwin and Kerwin, Inc.; thence along land of Kerwin and Kerwin, Inc., two courses as follows: First: North 47° 43' 30" East 374.36 feet; thence Second: Norlth 60° 00' East 929.42 feet to the point and place of beginning. TOGETHER with a right of way 50 feet in width between lots number 122A and 119 as shown on said map, said right of way ex- tending from Bayshore Road to a point 50.0 feet westerly from the northeasterly corner of the premises hereinbefore described. MARIE ONGIONI ATTORNEY AT LAW 218 FRONT STREET. GREENPORT. NEW YORK 11944 March 30, 1988 Ms. Valerie Scopaz Southold Town Planner Southold Town Hall Main Road Southold, N. Y. 11971 Re: Bertram Holder, aka Island Anesthesia Group Dear Ms. Scopaz: Pursuant to our discussions, in early February, I filed an application for the set-off of four acres of the Bertram Holder parcel to neighboring property owners. Earlier this month, I was advised by your office that the file could not be located. Last week, I submitted by hand a copy of the papers previously filed with the exception of the survey map. I was advised that I would be notified as to whether addition- al maps would be required. Since I have heard no further, I trust the original file was located, is in order and that the matter is progressing. Please advise as to when I might expect a decision on the set- off application. Thank you for your cooperation. MO/jb ~ tr:ly yours, M/ARIE ONG~NI / and fir ty-nine ettu£en FRANK E. Suf£ol : County, day of Novemb er nineteen hundred HORN, residing at Arshamomaque, Town of Southold, New York, and FRANK CARLUCCI and ANGELINA CARLUCCI, his wife, 38-29 -30th Street, Long New York, pert~ of the ~rst part, both residing at part les o£ the second part, ilRitne ; ;tt , that the part y of th· rst part, in eonsiderstion of ............. - - One ($1. O0 ) ............ Donar~ lawful money o£ the United States, and other good and valuable consideration paid by the part les o£ the second part do°es hereby grant and release unto the part les of the second part, their hei rand assigns forever, ~U that certain piece or parcel of land's[tuate, lying and being in th, Town of Southold, County of Suffolk, State of New York, bounded and de- scribed as follows.~ BEGINNING at an iron pipe set on the boundary line between land of the party of the first part and land of,Adam P6kunka, at the northwesterl corner of land of Francis M. Pitt; running ~he~ce along said land of Francis. M. Pitt, tw~ courses, as follows: (1) S. ~8° 32' E.-109.91 feet to an ir~n pipe; thence (2) S. 61° 01' E.-7~ feet, more or less, tothe creek; thence southerly along the creek 55 feet, more or less, to an ir~n ~ipe;_ thence along other land of the party of the first part, two courses, as. fo 1 lows: (1) N. 56° 53' W.-lll.? feet to an iron pipe.; thence (2) N. 37° 15' W.-1OO.O feet to an iron pipe and said land of Adam. Pekunk~ thence along said land of Adam Pekunka, N. 520 20' E;-30.O feet ~o the point of beginning. Together with all the right, title and interest of the seller of, in and %o such portion of said creek as abuts th® premises: Together with an equal right with the party of the first part and with other owners of land along the creek abutting ~hs above described premises to such riDht as the party of the firs~ 'par. t has of access to Peconic Bay over the waters of said creek. Together with a right of way 16 feet in width from the northeasterly corner of the premises norther%y along said land of Pekunka to a private road over land of said party'of'~tBe first part, and thence easterly .over said private road to Island View Lane; except, however, that the party of the first part reserves the right to close said private road and provide another similar private road over other lands of the party of the first part providing a means of ingress and egress to said premises. Together with a right of way over said "Island View Lane" from said 16' right o.f wa7 easterly about 500 feet to Bayshore Road, shown on filed Map '~ll2~, and also continuing easterly over said "Island View Lane about 175 feet to ?econic Bay. Together with an equal right of'way with the party of the first part and with other persons to whc~ the party of the first part has conveyed or may ~onve7 to use for purposes of ingress, egress, parking, general beach use, the following described parcel of land: Beginning at a point on the southerly line of said proposed highway to be known as "Island View Lane", at the northeasterly corner of land conveyed by the party of the first part to Greet, said point of beginning being S.23o 31' W.-52:9~ feet from the southwesterly corner of lot #78 sho~n on s4id filed map ~1121 from said point of beginning running along said southerly line of .said "Island View Lane", S 85° ~0' 30" E.-16.60 feet; thence along .lane Oof the party of the first ~art and others four courses as follo~.~s.: (1) S.11 10'30' E.-135.~0 feet; thence (2) N. 7~o ~9' 30" E.-9.0 feet; thence (3) S.11°lO' 30" E.-7? feet~ thence' (~) S. 600 ~6' E.-163.38 feet to a point on ordinary. h~h water mark of Pec6nic Bay which is 200 feet southerly from the southe] lyline of Horton Bart; thence southerly along said ordinary high water mar~ of Peconic Bay to a point which ia S.13° 30' E.-200 feet from the last de- scribed point; thence at right angles to the last described course S.76o30 ~.-80.0 feet to o~dinary high water mark 'of the creek; thence norbherly along said ordinary high water mark of the creek tea point which is ~..10o38'20~ ~.-200.25 feet from the last described point; thence westerly along ordinary high water mark of the creek to the southeasterly corner of said land of Melvin Greet, being ~.~3~22' ~.-91.38 feet from the last de- scribed point; thence along said land of Melvin Greet two courses as fellows: (1} N.7o50'30" W.-l'30~ $.e~.,~; thonce (2) N.11°lO'30" W.-167.85 feet to the point of beginning. EX~ept, however, that the party of the first part reserves the right to raise a bulkhead along said beach if he so desires in the future, while still providing, however, adequate general b~ach use to the party of the second part. Subject to a right of way 16 feet in width across the westerly end of the premises adjoining land of Pekunka. Subject to an easement of the Long Island Lighting CompanyA This conveyance is subject to the following restrictions: 1. No building shall be erected on the said premises within four (~} feet of the easterly or westerly line thereof. 2. No livestock, except domestic pets, shall be kept on the said premises, and no/bree.~.~g eT li'¥estock, .~mestic pets or birds shall be permitt~d~reen. .'i/'.j; 3. No trees shall b.~'.~em~.ved from said pr~ises except to allow fer erection er expa~l~'e~f buildings, and" except such trees as may require removal' because of disease er other hazard. · -~;..~ ~. No building other than a:.~.~~.~ling for one family-~a~d private garage shall, be erected'~'.og~.~d'~r~xses. 5. ' No building or buildings shall be erected en said praises unless said building ~all be of standard construction and all materials on the outside thereof shall be new material. the first part in and ~o ~t~z mt~ to the premises herein granted unto ti;e part 188 o[ the second part, their heirmnd assigns [orever. the said party of the first part covenants~* ti;at he ha8 not done or sufIered anything whereby the said premises have been incumbered in any waF whatever. The grantor, in compliance with Section 13 o[ the Lien Law, covenants that the grantor will receive the consideration lot ti;is conveyance and will hold the r~ght to receive such consideration as a trust lurid to be applied first [or the purpose o[ paying the cost o[ ,thg improvement and that the grantor ~,i]l apply the same first' to the payment o[ the cost o£the improvement be[ore using any part o[ the total the same [or any other purpose. hand and seal the day and year first above written. ~n pre.ntt ot : hereunto set his STATE OF NEN YORK ) COUNTY OF SUFFOLK )ss.: On the //~day of November, nineteen hundred and fifty-nine before me came FRANK E. HORN, to me known and known to me to be the individual described in, and who executed, the foregoing instrument, and acknowledged to me that he executed the same. GEORGE A'~ McMANN. JR. HOT.~RY PUBLIC. State of New YorR . ~.2~J3353~ Suffolk County on~r~,ssion E×pffes March 30. 19.~.~ ~.,ou nt~ o( On the day o~ be[ore me came nineteen hundred and to me known and known to me to be the individual described ia, and whe executed, the foregoing strument, and acknowledged to me that he executed the same. ~ount~ ot On' the da7 of nineteen hundred and the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being b7 me duly sworn, did depose and say that he resides in that he knows ~ to be the individual described in, and who executed the foregoing instrument; that he, said subscribing witness, was pr'esent, and saw execute the same; and that he, said witness, ac the saree tiJ~e :~ub~-cribed b name as witness thereto. 54075 MAIN RD. COR. BIECKWlTH AVE. P.O. {~OX 992 SOUTHOLD. N. Y. 1197~-0992 March 4, 1988 Bennett Orlowski, Chairman Southold Town Planning Board Town Hall Main Road Southold, New York RE: Major Subdivision, Anesthesia Group (Dr. Bertram Holder) Dear Mr. Chairman: In reference to the above and in furtherance of the conversations had with Melissa of your office, please be advise that my office rep- resents Edwin Latson, an adjacent property owner on Island View Lane. Mr. Latson is the owner of a parcel of property known as District 1000, Section 057, Block 2, Lot 12. He and all of the other owners along Island View Lane have a 16' right of way across each others property for ingress and egress. The right of way, however, as reflected in the deed does not physically exist and all the property owners use a roadway that is the continuation of Island View Lane. The roadway traverses the southerly portion of Dr. Holder's property and has been used con- tinuously for a number of years. The roadway is maintained by the property owners at their own cost and expense. The public portion of Island View Lane terminates just west of the Wetmore right of way as reflected in the proposed subdivision map. Dr. Holder has offered and Edwin Latson has agreed to purchase the southerly portion of the property consisting of approximately four (4) acres as outlined on sketches previously submitted to your office. The negotiated price is $22,000 per acre and Mr. Latson is purchasing the property as a nominee so that the property can remain open and so that the road can be improved to town specifications and that it may continue to be used by the property owners without any further legal question as to ownership. (2) Mr. Latson proposes in turn to sell a small strip of land, approximately 70' in width by 100' in depth to Mr. Schneider, the owner of Lot 11 and proposes to sell one (1) acre of land to Mr. Carlucci who is the owner of Lot 17. Ail three parties agree to keep the space as open space and agree not to further subdivide the property or to build on it without the further approval of the Town Planning Board. I trust that this clarifies the situation and that you will be able to act favorably upon the application. Your cooperation and courtesy in this matter is appreciated. PAC: bpk Enclosure' For Your Action Re: Anesthesia Group ( Dr. Enclosed is copies of deeds for Mr. [] Please review and call with any revisions or questions [] Please cali for an appointment to sign original [] Please sign on every line noted and return to us promptly [] Signature(s) required in __ ptace(s) [] Please have signature(s) notarized Holder) Date: 3-8-88 Our file no.:. Schneider and Mr. Carlucci aa requested. To: ~ Southold Town Planing Board Town Hall Main Road Southold NY 11971 PAUL A. CAMINITI Attorney at Law 54075 Main Road (P,O. Box 992) Southold, NY 11971 (516) 765-1401 ~)istrict 1000 Section 057.00/t.~ 011.000 ~..,~., / ~ / 9520 473 z4t;O' THIS INDF_..ITITJRF.. made the BETWEEN 7-~day of February , nineteen hundred and eighty'four ALEXANDER McBRIDE, JR., residing at (No ~) Taxter Road, Irvington-on-Hudson, New York 10533; and CHARLOTTE RADO, residing at 6701 Morrow Drive, North View Estates, Dayton, Ohio 45415, as sole distributees of Alexander McBride, deceased party of the first part, and WILLIAM J. SCHNEIDER and JOAN SCHNEIDER, his wife, both residing at 20 Gilbert Place, Yonkers, New York )arty of the second part, ~tli'PIES,.~.711t, that the party o[ the first part, in consideration of TEN ($10.00) ................................................ dollars, lawful money of the Un{ted States. and other good and valuable consideration p~d by the party of the second part, does hereby grant and release tlnto tile ,party of the second part, the heirs or successors and assigns of the party of the second part forever, ~ that certain plot, piece or parcel of land, with the buildings aud improvements thereo, erected, situate, lying a.d bc|ng~in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at.a monument set on the easterly line of land of Sage, where the same is intersected by the southerly line of land of Holder; RUNNING THENCE' North 52 degrees 20 minu~es East along said land of Holder, 70.0 feet; THENCE South 26 degrees 53 minutes 50 seconds East along the westerly line of land of Latson, 169.0 feet to the high water mark of a creek; THENCE South 18 degrees 00 minutes East along a tie line, 92.0 feet; THENCE South 81 degrees 11 minutes 50 seconds West along a tie line, 57.37 feet to the easterly line of land of Sage; THENCE North 26 degrees 53 minutes 50 seconds West along said easterly tine of land of Sage, 229.0 feet to a monument and the point or place of IPOGETHER with all the right, title and interest of the party om thc ~irs .art, of, in and Lo such portion of said Creek as abuts the premises. ~he party of the second part shall also have an equal right with the party of the first part and with other owners of land along the Creek of access to Peconic Bay. TOGETHER with all the right, title and interest of the party of the firs 9art of, in and to such portion of said Creek as abuts the premises. ~OGETHE~ with an equal right with the party of the first Dart and with ~ther owners of land along the Creek abutting the above described premises to such right as the party of the first part has of access to Peconic Bay over the waters of said Cree} RECE{VED ' REAL FSTqTE ! 1 84 TRANSFED TAX SUF~O{K COUNTY Z460'J TOGETHER with a right of way 16 feet in width from the northeasterly corner of the premises hereinabove described, in a general easterly direction, about 700 feet to a proposed highway to be known as "Island View Lane" shown on "Amended Map A-Peconic Bay Estates", filed in the Suffolk County Clerk's Office as Nap No. 1124, tile northerly and west- erly line of said right of way being described as follows: Beginning at the northeasterly corner of said premises and running along land of Pekunka, two courses, as follows: (1) North 52° 20' East 102.75 feet; thence (2) North 26° 53' 50" West 118.07 feet; thence on the following two courses to said "Island View Lane": (1} North 36° 10' 20" East 140.06 feet thence (2) South 85° 40' 30" East 326.65 feet to a point 16 feet easterly from the westerly end of the southerly line of said "Island View Lane". Also, a right of way over said "Island View Lane" from said 16 foot right of way easterly about 500 feet to Bayshore Road, shown on said filed Map No. 1124, and also continuing easterly over said "Island View Lane" about 175 feet to Peconic Bay. TOGETHER with an equal right with the party of the first part and with other persons to whom the party of the first part may convey to use for purposes of ingress, egress, parking, general beach use, the following described parcel of land: BEGINNING at a point on the southerly line of said proposed highway to be known as "Island View Lane," at the northeasterly corner of land conveyed by the party of the first part to Melvin Greer, said point being South 23© 31' West 52.94 feet from the southwesterly corner of Lot No. 78 shown on said filed Map No. 1124; from said point of beginning running along said southerly line of said "Island View Lane" South 85° 40' 30" East 16.60 feet; thence along land of the party of the first part, four courses as follows: (1) South 11~ 10' 30" East 135.40 feet; thence (2) North 78° 49' 30" East 9.0 feet, thence (3) South 11° 10' 30" East 77.0 feet; thence (4) South 60~ 46' East 163.38 feet to a point on ordinary high water mark of Peconic Bay which ~s 200 feet southerly from the southerly line of Horton Barr; thence southerly alqng said ordinary high water mark of Peconic Bay to a point which is South 13° 30' East 200 feet from the last described point; thence at right angles to the last described course, South 76° 30' West 80.0 feet to ordinary high water ~nark o~ the creek; thence northerly along'said ordinary high water mark of the creek to a point which is North 10° 38' 20" West 200.25 feet from the last described point; thence westerly along ordinary high water mark of the creek to the southeasterly corner of land of Melvin Greer, being North 83° 22' West 91.38 feet from the last described point; thence along said land of Nelvin Greer, two courses, as follows: (1) North 07° 50' 30" Uest 130.0 feet; thence (2) North 11° 10' 30" West 167.85 feet to the point of beginning. .d. with all right, title and interest, if any, of the party of the first part in and to any streets and .~utting the, above described premises to tbe center lines tbercof, .,GETHER with the apportenances and all the estate and rights of tire party of the first part ill and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors arid assigns of the party of the second part forever. AND the party of the first part covenants that the party of tile first part has not done or suffered anythirtg whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of tile first part, in compliance with Section 13 of the Lien Law, covenants that tbe party of the first part will receive tile consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of tbe total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WItE.REOF~ the party of the first part has duly executed this deed tile day ~md year first above written. I~ WSS~NC~ Or: AleXander'McBride, Jr. ~ Charl, OIIZO - ¢ . 'oremelO,,,,,c " ',ruary ' // Notary Public WILLIAM. H. PRICE . Nota 0TRRY PUBLIC, Sla~e of ~. ~ Public, State of Ohio HO. 4644944, SuUoIk Count}, My Commi~ion has no exp~raUO~ Term Expbes ~a~eh 30, On the day of 19 before me personally came ' to me known, who, being by me duly sworn, did depose and say tbat he resides at No. that he is the ' of , the corporation described in and which executed the foregoing instru nent; that he knows tbe seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. 147.03 STATE OF NEW YORK, COUNTy OF On tire day of 19 before me personally came ' to me known, who, being by me duly sworn, did depose and sa). that he resides at No. that he is the ' of , the corporation described in and which executed the foregoing instrumeot; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that t was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. TITLE NO. ALEXANDER McBRIDE, JR. and CHARLOTTE RADO WILLIAM J. SCHNEIDER, '1'O SCHNEIDER and JOAN his wife Distributed b , First American Title hlsuratlce Colllpatly of New }brk SECTION BLOCK LOT C~OUNTY OR ]OWN Recorded At Requcs! of First American Title Insurance Company of New Yolk RiETURN lily ~[AIL TO: Herbert T. Manna, Jr. , Esq. Gage Road Brewster, New York 10509 Zip No. , ( '7 MARIE ONGIONI 218 FRONT STREE"r. GREENPORT, NEW YORK tl944 May 10, 1988 Bennett Orlowski, Chairman Southold Town Planning Board Town Hall Main Road Southold, New York 11971 Re: Set-off, Anesthesia Group (Dr. Bertram Holder) Dear Mr. Orlowski: In accordance with the request of the office of the Town Planner, I enclose herewith a complete description of the parcel now part of and to be contigious with the proposed four (4) acre set-off, which is to be deeded to Edwin Latson. My client, the applicant herein, has agreed to sell the four (4) acre parcel to Edwin Latson. According to the attorney for the purchaser, Mr. Latson intends to convey one acre parcel to one adjoining property owner (Carlucci, owner of lot 17) and a 70 x 100 foot strip to another (Schneider, owner of Lot 11). Mr. Latson and all the other property owners along Island View Lane have a 16 foot right of way across the property owned by my client. This right of way traverses the southerly portion of the parcel to be deeded and has been used for many years. It is not reflected in the deeds. The roadway is now maintained by the property owners. According to counsel Mr. Latson intends to maintain the property as open space and intends to improve the road to Town specifications. This is submitted to be considered in conjunction with the other papers now on file with the Planning Board. MO/jb Enclosure Vet truly yours, APPLICANT: ANESTHESIA GROUP P.C. Description of District 1000, Section 53, Block 6~ Lots 45 & 46 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being near Greenport, in the Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at a concrete monument set at the northwesterly corner of Lot number 122 A as shown on a certain map entitled, "Amended Map A. Peconic Bay Estates, situate at Arshomomaque, Town of Southold, New York", made by Otto W. Van Tuyl, under date of May 12, 1933 and filed in the Suffolk County Clerk's Office on May 19, 1933, as Map No. 1124; running thence along the rear line of Lots numbered 122A, 122 and 123 to 138, inclusive; and then partly across an unnumbered strip of land, south 23° 51' East 880.29 feet; thence partly across last described strip of land and then along the rear line of lots numbered 140 to 145, inclusive, south 16° 59' 20" east 294.50 feet to a point 30 feet southerly from the northwesterly corner of said lot number 145' thence along other land three courses, as follows: First: South 68° 56' 20" West 753.49 feet; thence Second: South 26° 53' 50" East 300.0 feet; thence Third: South 52° 20' 00" West 450.00 feet to land of Sage Brick Manufacturing Company; thence along last described land, North 26° 53' 50" West 1326.77 feet, more or less, to an angle in the line between said Sage Brick Manufacturing Company and land of Kerwin and Kerwin, Inc.; thence along land of Kerwin and Kerwin, Inc., two courses as follows: First: North 47° 43' 30" East 374.36 feet; thence Second: Norlth 60° 00' East 929.42 feet to the point and place of beginning. TOGETHER with a right of way 50 feet in width between lots number 122A and 119 as shown on said map, said right of way ex- tending from Bayshore Road to a point 50.0 feet westerly from the northeasterly corner of the premises hereinbefore described. TO: FROM: ADDRESS: DATE: SUBJECT: Signature : · ® soUND RiYerhaad. I. I, New York ~M : SOUTHOLD TOWN PLANNING BOARD Oct. 02 2001 10:46AM Pi oNnoS ~ UI~D[Vt$10 [',1 i',dAP OF' P2OPE~2T¥__' 5UEVEYED I:'0~ ED~'i,Nf Ivl LATSO. N .... AT , ' _ ~. - I ~,~.~.' / / ! i, / ,-3 FILE NO.' % - s D- 8 SUFFOLK CO. PLANNING SUB,D REVIEW SECTION A~ c-a9'~'c~ BY:' ~i:.Xi. Connl. s~.on s,,~jec: :o ~ coud~.:ions.