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HomeMy WebLinkAbout1000-50.-6-5 (2)[~ BUrL P If,.~ ENVtLOFE ~',~. hl~7 ENVDLO.PE 8O,017 ~,~ ~ 228.~8 , pP.E -CAGT I~' ' '0" Df A - EiF~]E WSLL 5UF E C~,:F^¥ P^IeCEL: IOQO. and sewaged~osa fal~ ~ were app~,[~~ili~e~l~ comor m G Judo I N A t PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 26, 1991 SCO'Iqr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 David E. Kapell 400 Front Street P.O. Box 463 ' Greenport, New York 11944 RE: Too Bee Realty SCTM~1000-50-6-5 Dear Mr. Kapell: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, February 25, 1991. Be it RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated February 7, 1990. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Please notify the Planning Board when the fire well has~-~ been installed. No building permits will be issued until the fire well has been accepted by the Southold Fire District. As per Section A106-25 (C) of the Town Code, the Planning Board must be notified at least two (2) days prior to the commencement or completion of any work on each stage of operation of the construction of improvements. Page 2 Too Bee Realty Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. ~ ' ~ Chairman Encl. cc: Victor Lessard, Principal Building Inspector Robert Scott, Assessors Office Raymond Jacobs, Superintendent of Highways James Richter, Road Inspector AMENDED DEC?~RATION OF COVENANTS AND RI: ;TRICTIONS AMENDED DEC~'/~ATION made this day of 'ebruary, 1993, by TOO BEE REALTY, ~NC., a New York corporation having its principal place of t.usiness at 130 Woodbury Roa ~, Woodbury, New York 11797, hereinafter referred to as the "Dec arant". ~%IEr'EAS, Declarant is the owner in fee s mple of a /P~ certain ~arcel of.land situate at Lighthouse Ro d, S6uthold, ~,~O Town of Southold, Ccunty of Suffolk, State of N~w York, and 0~.OO designated on the Suffolk County Tax Map as District 1000, ~.~/ Section 50, Block 6, Lot 5, being the premises (escribed in deed ~O~.~recorded in the SuffDlk County Clerk's Office o] December 24, ~--.~1986 in Liber 10221 ~t Page 287, ~ WHEREAS, the i?lanning Board of the Town ¢ ~ Southold k~ ~ previously' approved ;~ Minor Subdivision of the ~oresaid .~~Premlses, and WHEREAS, the Declarant previously filed ~ Declaration of ~/~/~ Covenants and mestri(=tions dated September 11, ~ )90 with respect c~o Said Minor Subdiv~.st0n; which Declaration was recorded in the · Suffolk County Clerk's Office on December 24, 19 ~6 in Liber 11164, page 366, and WHEREAS, Decl~rant has applied to the Pla ~ning Board of the T~wn of Southold for approval of amendments of the Minor Subdi;ision, which amendments have been approve~ by resolution of said Planning Board dated ~' NOW, THEREFORE, Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby, held and shall be conveyed subject to the conditions, co~.enants and restrictions hereinafter set forth, and that ewry purchaser of said , ' ~r~mls~s or any portion thereof, by the ac~eptance of a deed the~e~, covenants and agrees that the P~erises So -~ purchased shall be held subject to the covenant~, conditions, restrictions and amendments hereinafter set forth. 1. Paragraph 2 of the aforementioned Declaration of Covenants and Restrictions dated September 11, ~)90 is hereby deleted and the following inserted in its place: A. Lots ! and 2 as shown on said Mi~or Subdivision shall have a common driveway with acc]ss to Lighthouse Road. B. Lots 3 and 4 as shown on said Mi~or Subdivision shall have a common driveway with acc~ss to Lighthouse Road. 2. By separate Deed of Dedication to be ~'ecorded simultaneously with this'Amended Declaration, th~ Declarant will dedicate to the Town of Southold certain propert>~ located west of Lot l, as shown on the Minor Subdivision, as ~mended, to be. used solely to accommodate drainage and overflow from Hummel.s Pond, subject to the terms and conditions of said Deed of Dedication. 3. Except as amended by Paragraph l'herein, the provisions of the Declaration of Covenants and Restrictions dated September 11, 1990, shall continue in full force and effect. IN WITNESS WHEREOF, the Declarant has hereby executed this ~e~ded Declaration of Covenants and Restrictions the day and ye~~ f~rst above written. ...... TOO BEE REALTY, INC. SUE NANAUER, Preslden~ STATE OF NEW YORK) : COUNTY OF SUFFOLK) On the~day of February, 1993, before me personally came SUE HA~AUER, to me known, who, being by me duly sworn, did depose and say that she resides at Woodbury, New York, that she is the President of Too Bee Realty,'Inc., the corporation mentioned in and which executed the foregoing instrument, and that she signed her name thereto by order of the Board of Directors of said corporation. Notary- Public CAROl. A. KOENIG Notary Public, State o! New Yor;~ N~, 48.'1937; - Nassau Commission Expires March 3, - 3 - DECLARATIONS OF COVENANTS AND RES~R!~T!ONS DECU T O. mode this// .day 1990, by TOO SSS REALTY, INC., with principal place of business at · /~'~ ~ 3£t~t$~0~/ '~?'Y' hereinafter referred to as the "Declarant"; WHEREAS, the Declarant is the owner in fee simp.le of a certain parcel of land situate at~,d~ ...~o¢¢,-2 .!,Town of Southold, County of Suffolk and State of New York, and ~eslgnated on the S ..... k County Tax Map as O_s_.~_~,- Section ~, Block ~ , Lot -~ , being the premises described in deed recorded in the Suffolk County Clerk's office on /~/2~/~ , in Liber/O22/at Page ~7, a metes and bounds description of which is shown on Schedule A attached hereto and made a part hereof, hereinafter referred to as the "premises". WHEREAS, the Declarant intends to subdivid~ said premises for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty amd n~tural vegetate, on and to prevent overcrowding and to conserve the ground water resources of the To~ of Southold, and ~EREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval of the subdivision of the premises as a Minor Subdivision, to contain not more than four (4) lots or parcels, 1991 · / ]{OW, THEREFORE, the Declarant does hereby declare that .the aforesaid premises and ~very portion thereof is hereby hclld and shall be c?nveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that ~Y purchaser of said premises or any portion thereof, by /_~/~ ac~ceptance of a deed thereto, covenants and agrees that ~? premises so purchased shall be held subject to the :covenants, condition and restrictions hereinafter set forth. .......... . ~,.,~.. ... No lot or plot ag shown and designated on '~:-:~ ..:. ~: -M~nor Subdivis'ion map approved by and filed with the and 2 of the ~. Southold Town Planning Board shall be further subdivided. 2. There shall be no access for lots numbered the premises onto Lighthouse Road. Acces~ to Lighthouse Road shall be via the prepared road sho~ on the ~.: .... subdivision map only. ~'~'.. '~'~' .~, "' 3. These covenants and restrictions can be ... .. ~ modified ,~:i}~ ........ only at the request of th_ th. eh owner of the ~ · '..., :?~,:-~%?,pre~tses with ...- - ...~,.~ · the P ann!n : ,..-, - ..Board of the Town of $outhold after a publ~.c hear~.n~. owners shall be entitled to notice of hearing but their consen~ to such modification 4. 'i~'lat all of the covenants, conditions and ."~ '- ~. restrictions contained herein shall be construed as real covenants mlnning with the land and sh~.ll continue and n in full force and effect at all times as against the of the premises or any portion thereof in perpetuity. : executed this Decl.aration of Covenants and Restrictions the .t 'day and Year first above written, · ~,.,, .qFc"-:;>.r ~;; .-'%;!'>>,.,,;:~,,, . I~K) , . ? ~, . :_ ~ ..,,., ..,., e, ~0 day of , ;' ,,~ ¥,~' .;~: ,~e~zon'e .... .:~f TOO , . · ... . estaes ~ Y :, ~: , ~.:~? ,.,~.~,,,,., ~.,::1~ .... :~: . . BEE that , . at ..... ~ ~ ...... .. ~ ...... knows . Xec~te the co ", ;'.~.-, '., .: fftxed . _ the-se d, the ~ ~orat -.,;~,; :.?-, .. ..... o ~ . al of fore ion "~"'-~;~, o DO~atlon; an y ~der of the h~corporate h~t the seal ,,,... ,- - .. - , eto . :., , ,,..,.~,,., ......~.., .... . by ., ;- , .,,:.._..,..~: .. ,. ~ .:. ' ,~]?~ ~gc~!i~'~' '' ::?': * , ,,.:.. ;...: . '%'"';'" h . *'-'' ' ~ ~ ~I < ~'~ :ZI ~~ '~ (z f ~ ~.~o~411. N~,... ~7 Schedule A ~. . A.LL that' certain plotI Piece or parcel of 1 · -..... g .... .; ~'~':i'?~ 'and ~tate of New v~.~ - ~ ~ ~Uffolk, -"" "-'~':"~'~"" .... BEG ...... *~, pounded and described as follo~. · ~. · . .~-J:.-.~.:... ~NIN~ at a point along the westerly side - -~' . "-Lighthouse Road distant 1,183 08 feet from the sOUtherly Soundview Avenue; : .... , .~?._:... RU~IN~ ~NCE along land now or fo~erly of McGunnigle '"":' -"~"'.~OUth 48 degrees 55, 10,, West 450.45 feet to a point; ... THENCE North 41 degrees 47, 40" West 764.06 feet to a : point; - '.~ THENCE North 48 de ..... '" erly side of Li~h~-- 55 10,, East 456.94 feet to the ," -w S , :-:'.?.?t~ .,' = ~,*uuse Road; "- · -~"~" ~.~ ·THENCE South 41 degrees 18, 20, East 764.04 feet to the and place of beginning. /'~~;::~ :~;.~:~'. I~ov z ~0 ~s .4,'~ 'So ,~ ' :' :-' .:*'-¢"" - - CLERK :: .:¢: - SUFFOLK COUNTY . . .--,--?.,; ~¢.'¢' ,?... _ '. qm/HM gg6l! M~ox ~ON 'Mun~I~N ~Zb! xo~ '0'~ - peoM uleN PLEASE REFER TO HANAUER/BAGLEY/TOO {SCT~I00~50~6-4 & 5) FOR ADDITIONAL INFORMATION PERTAINING T~D TRTS' ) SUBD?¥!$1ON (< 4 lOtS Complete · ,olication received Application reviewed at work session Applicant advised of necessary revisions submission received Sketch plan approval -with conditions Lead Agency Coordination SEQRA determination Road pr, ofiles/drainage submitted -revisions Road profiles/drainage reviewed be Engineer Bond estimate submitted Bond adopted by PB Bond adopted by TB Sent to County Planning Commission Review of SCPC report Sent to Fire CommissiOner Receipt of firewel! location Not/f/cation to applicant to include on final map ad} t _21 '~ ,t ( %4 ~-_A. o11 1 ,1 - Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Receipt of mylars and Paper prints With Health approval Final Public Hearing Approval of subdivision -with COnditions Payment of bond Payment of inspection fee Endorsement of SUbdivision Township of Lyndhurst, New Jersey Continuation Certification FOR MISCELLANEOUS TERM BONDS Too Bee Realty Corp. as Principal, and WESTCHESTER FIRE INSURANCE COMPANY as Surety, in a certain Bond, No...W~..q0.1.2. f~.. , dated the ...... 3rd ........... day of ..... ~.~y .................. ,199.1. .... in the penalty of .......... Fo~-y-se~n ~r~ur=m~ r,J~e hmc~"ed t~n ar~ m/3_O0 ............................................. Dollars ($ 47.,gJ-o..00 ............ ), in favor of .......... do hereby continue said bond in force for the further term of one year beginning on the ..... ~ ............ day of ............................. 1993 .... , ·. ~ ~iri~ .Qn. t, be. 3~ ~ .o~. M~. ~4 ................ PROVIDED, however that said bond, as continued hereby, shall be subject to all its terms and conditions, except as herein modified, and that the liability of said Westchester Fire Insurance Company under said bond and any and all continuations thereof shall in no event exceed in the aggregate the above named penalty, and that this certifi- cate shall not be valid unless signed by said Principal. Signed, sealed and dated this ......... ~]~ .......... day of .... ~ .............. , 19 .9.3... ......................... '' ',:"" ':: ' :i "(SEAL) .................................... (SEAL) Principal Westchester Fire Insurance Company A~fi'c~ M. V~ ~t~s~ Attorney-in-Fact STATEMENT AS OF DECEMBER 31, 1991 ASSETS Bonds .............. Stocks: Preferred .......... Common .......... Real Estate .......... Cash and Bank Deposits .......... Short Term Investments ........ Other Invested Assets ............ Premium Balances Receivable ........ Equities and Deposits in Pools and Associations ....... Other Assets ......... Total Admitted Assets $ 1,314,369,409 $ 3,234.769 142,489,286 145,724,055 7,711,712 (4,86L357) 58,373,019 4,260,85 I 85,218~263 6,128,677 34,962,876 $1,651,887,505 LIABILITIES AND SURPLUS Losses and Adjustment Expenses .......... Taxes and Expenses .......... Unearned Premiums ......... Other Liabilities ...... Capital .............. $ 2,500,000 Paid in and Contributed Su[plus ........... 130,160,715 Other Surplus ........... 263,350,144 Surplus to Policyholders ...... $ 990,893,991 34,760,068 124,124,012 106,098,575 396,010,859 Total Liabilities and Surplus $1,651,887,505 Bonds and Stocks are valued in accordance with the basis adopted by the National Association of Insurance Commissioners. Securities carried at $170,607,776 in the above statement are deposited as required by law. STATE OF NEW JERSEY ~ SS: COUNTY OF MORRIS GEORGE J. RACHMIEL, Senior Vice President & Treasurer and MICHAEL A. SANDRI, Vice President of the Westchester Fire Insurance Company being duly sworn, each for himself deposes and says that they are the above described officers of the said Company and that on the 31st day of December, 1991 the Company was actually possessed of the assets set forth in the foregoing statement and that such assets were available for the payment of losses and claims and held for the protection of its policyholders and creditors, except as herein- before indicated, and that the foregoing statement is a correct exhibit of such assets and liabilities of the said Company on the 31st day of December, 1991 according to the best of their information, knowledge and belief, respectively. Sworn to and Subscribed before me this 3rd day of April, 1992. DAWN M. BIAMONTE NOTARY PUBLIC OF NEW JERSEY My Commission Expires July 25, 1993 Senior Vice President & Treasurer Vice President ~ POWER OF ATTORNEY Il[Il WES~I~tIESTER FIRE INSURANCE C-~MPANY PRINCIPAL OFFICE, NEW YORK, N.Y. ALL MEN BY THESE PRESENTS: That the WESTCHESTER FIRE INSURANCE COMPANY a Corporation duly organized and existing under the laws of the State of New York, and having its adminis~ilve offices in the Township of Morris, New Jersey, has made, constituted and appointed, and does by these presents mak~ constitute and appoint Robert A. Nicosia, Richard L. Quackenbnsh, Margaret A. Nicnsia, Richard Ingram, Michelle Nicosia, Alice M. Ventresca, and Adel M. Bland of Lyndhurst, New Jersey, each its true and lawful Agent(s) and Attorney(s)-in.Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: Any and all bonds and undertakings. and to bind the Corporation thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Corporation at its offices in Morris Township, New Jersey, in their own proper persons. This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fuct named above. IN WITNESS WHEREOF the Westchester Fire Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 1st day of March, 19 93. WESTCHESTER FIRE INSURANCE COMPANY v~^~c* :--- //Assistant Se~etary '<:£-~c= .... John K. Stewart STATE OF NEW JERSEY) COUNTY OF MORRIS ) ss.: / Vice President Richard A. Annnse On this Ist day of March , 19 93 , before the subscriber, a duly qualified Notary Public of the Stata of New Jersey, came the above-mentioned Vice President and Assistant Secretary of the Westchester Fire Insurance Company, to me personally known to be the officers described in, and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, deposed and said, that they are the officers of said Company aforesaid, and that the seal ~xo~loth~e. preceding instrument is the Corporate Seal of said Corn an Corporate Seal and their ' tt~ ~14 wet · · - P y' and the said · . :~-~_~, .......... ~1~,~ e duly affixed and subscribed to the said instrument b ' and d~recUon of the sai~qt~paiiy. ,,,.,u,~, ~,. y the authority ..~ : ~a OT^~ w j OF': i hay'; ge u to m-. year first above written? -o- ~ ~ y u,mu aha arnxeo my sea~ at the lownsh,p of Morro, the day and (se ) %" ................. :',,,"k,~:o, -;-.&"{ c~* DAWN M. ///;_" JE,v,:~ ,xxx' Notary Public tllttlllltl~XX' NOT,~RY PUBlIC OF NEW JERSEY This.Power of Attorney is granted pursuant to Article IV of the By-Laws of the WESTCHESTER FI_RE INSU~c~ COMPANY as now in full force and effect. ARTICLE IV Execution of Instruments. "The Chairman of the Board, Vice-Chairman of the Board, President, or any Vice-President, in Conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or an Assistant Secretary, shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in Connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; Co) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including aff'Lxing the sea/of the Corporation." This Power of Attorney is signed and sealed under and by the authority of Article III, Section 9 of the By-Laws of the WESTCHESTER FIRE INSURANCE COMPANY as now in full force and effect. boAR .TICLE I~ Section 9 Facsimile Signatures. "The signature of any officer authorized nas, guarantees, undertakings, recognizances, stinulations ........ ~__ _ by the Corporation to sign any - , ~,~,,~L, v, at'tOraey or revocations of any powers of attome~ and policies of insurance issued by the Corporation may be printed facsimile, lithographed, or otherwise produced... The Corporation may Continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued." State of New Jersey County of Morris CERTIFICATE I, the undersigned, Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, DO HEREBy CERTIFy that the foregoing POWER OF ATTORNEY remains in full force and effect and has not been revoked and furthermore that the above quoted abstracts of Article IV and Article III, Section 9 of the By-Laws of the Corporation are now in full force and effect. Signed and sealed at the Township of Morris, New Jersey, dated ~Si:h day of__ April_ , 19 9.___3. Assistant Secretary Herbert H. Linder Southold Town Planning Board Town Hall Southold, New York 11971 Re: TooBee Realty Corp. Minor Subdivision Gentlemen: The following statements are offered for your consideration in the review of the above-mentioned minor subdivision and its referral to the Suffolk County Planning Commission: (1) No grading, other than 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. T~oo~S truly, ee Realty Corp. David E. Kapgll, as agent PROJECT I.D. NUMBER NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATfON · DIVISION OF REGULATORY AFFAIRS stere Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I ProJect Information (To be completed by Applicant or Project sponsor) TooBee Realty Corp. J Minor Subdivision Munlcipality S O U f h o 1 d Cou,. SU f f o 1 k J~ New [] Expansion [] Modification/alteration Applicant proposes to subdivide an eight acre parcel into four lots of two acres each, more or less. West side of Lighthouse Road approx. 420 feet south of the inter- section with Soundview Avenue. Inltlall¥ 7 _ CI ~ 6 acres Ultimately 7 C} ~ R acres Yes [] No If No. describe briefly ~JyrJ Residential [] Industrial [] Commercial Describe: [~] A&riculture [] Pa,kfand/open space [] Othe~ [] Ye5 [] No If '/es, list agency(s) and perm/L/approvals Suffolk County Dept. of Health Services I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS rRUE TO THE BEST OF ~.~Y KNOWLEDGE TooBee Realty Corp. ,_...--~ David E. Kapell, as agent 10/28/ the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the Toxvn Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application· (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be . .Too~e~ .Raa.Ll;~;..CDrtn ....................... 3. The entire land under application is described {n Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land {s held hy the applicant under deeds recorded in Suffolk Count), Clerk's office as follows: Liber ...... ,L02.21 ........... Page ...2~7 ............... On 12/'24/136 Liber ' ........................ Page ...................... On Liber ........................ Page ........ On ....................... ; Liber .. ' ...................... ; ...................... Page ...................... On Lib ' er ........................ Page ...... ................. On as devised under the Last Will and Testament of ............ or as distributee . 5. The area of the land is 7. 956 .................................................... .................. acres. 6. All taxes xvhlch are liens on the land at the (late hereof have been paid except ............ 7. mTl:~tl;~te i~s~n::lTc~orewds ..by ............................................................. (a) Mortgage recorded in Liber · · ............. Page .................. in original amount of $ .............. unpaid amount $ ..................... held by ...................... .............. address .......... (b) Mortgage recorded in Liber ........ Page · · ....................... in original amonnt of .............. nnpald amount $... ................... held by ...................... address (e) Mortgage recorded in Liber .............. Page ................ in original amount of .............. unpaid amount $ ...................... held by ...................... ...................... address ......................................................... 8. There are no other encumbrances or liens against the land except ........................ 9. The land lies in the following zoning use districts ....................................... ................ ~ :-.~g ~.. J-c.U ~-.t U JO. 0 J-.~ l~.e~ ~- cl e r~t ;k.a ~- ................................... I0. No part of the land lles under water ~vhether tide water, stream, pond xvater or otherwise, ex- cept ................................................................................... 11. The applicant shall at his expense install all required public improvements. 12. The land {k~I{~ (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ............................................................. 13. Water mains will be laid by ........................................................... and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by ......................................... ..................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by ........................................................... and (a) (no) charge ~vill be made for installing said mains. 16. If streets shown on tbe plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets shoxvn on the plat are claimed by the applicant to be existing public streets in tbe Town of Southold ]3Iigh~vay system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and sho~vn on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoiuing sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicant will o£fer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and reqnired pnblic improvements will he $ .......... as itemized in Schedole "E" hereto annexed and reqoests that the maturity of thc Performance Bond be fixed at .............. years. The Performance Bond will be written hy a licensed surety company nnless otherwise shown on Schedule "F". TooBee Realty Corp. DATE ... O. ctabe.r..28 ....... ........ 19~ ."/.. . D.;~y.i. gt..~1.... ~tp.9.1.1' ,..a..s...a.q .e.n.t. .......... (Name of Applicant) ~'"N ~ (Sig]?6ture and Title) Bcfx 463 Greenpor t, N.Y. 11944 (Address) STATE OF NE\V YORK. COUNTY OF ........ .S.u.f. ~.q~.k. ............... ss: On the 28 day of. October 1 87 .............................................. , 9 ....... before me personally came .. Dav£d..E~.. Kap~]~3 .................... to me known to be the individual described in and ~vho execnted the foregoing instrument, and acknowledged that ...D.¢: ...... executed the same. STATE OF NEW YORK, COUNTY OF ........................ ; ~-/~ ~/~ On the ................ day ............ of .............. , 19 ....... before me personally came ...................... to me kuown, who being by me duly sworn did de- pose and say that ............ resides at No .................................................... ............................... that ........................... is the .......... .................. Of the corporation described in and which executed the foregoing instrument; that ............ knoxvs the seal of said corporation; that the seal affixed by order of the board tff directors of said corporation. a~M th:~t ............ signed .............. name thereto by like order. Notary Public i# BRANCH OFFICES 21 North Ferry Road, Box 1009 Shelter Island, New York 11964 (516) 749-0100 10 Flanders Road, Box 1771 Riverhead, New York 11901 (516) 369-0100 KAPELL REAL ESTATE, INC. 400 Front Street Post Office Box 463 Greenport, New York 11944 616-477-01 O0 Mr. Bennett Orlowski, Jr. Southold Town Planning Board Main Road Southold, N.Y. 11971 October 28, 1987 Dear Mr. Chairman: This will serve as the required disclosure of officers and shareholders of TooBee Realty Corp.: offered in connection with the attached subdivision application. Following are the officers and sharehoders: Joan Bagley, President Sue Hanauer, Secretary Sincerely, [David E. Kapell PLEASE DO NOT PUBLISH ~ CONSULT YOUR LAWYER BEFORE SIGHING THIS INSTRUMENT - THIS IHSTRUMEHT SHOULD BE USED BY LAWYERS ONLY TIIISINDENTURE, ,,,;,dc Ihe 2tlth day of Dec:ember ,nlneleenhundredand eighty- BETWEEN JOHN A. McGUIRE, residing at 9 Miller Place Road, Miller Place, New York 11764 ofthefirstpart, and TooBee Realty Corp, a New York Corporation having its prlncJpal place of business at 95 Cypress Drive, Woodbury, New York 11797 3ISTRICT 1000 gECTION '350.00 BLOCK 06.00 LOT 305.000 party of the second part, WlTNESSETH, that the party of the first part, in consideration of ten dollars and other vahlable conslderatiou the part)' of the second part, does hereby grant and release unto the ~rty of the second part, the heir~ or successors and assigns of the party of the second part forever, ALL that certain plot, piece orparcel of hnd, with the buildings and improvements thereon erected, situate, lyingamlbeinginthe at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the westerly side of Lighthouse Road, distant 1,085.66 feet northerly from the corner formed by the intersection of the westerly side of Lighthouse Road and the northerly side of North Road which point is also the point of intersection of other lands of Agnes D. McGunnigle and the land conveyed herein; RUNNING THENCE South 48 degrees 55 minutes 10 seconds West along said other lands of Agnes D. McGunnigle a distance of 450.45 feet to a point; RUNNING THENCE.North'41 degrees 47 minutes 40 seconds West along.lands now or formerly of Anton Sepenoski a distance of 764.06 feet to lands now or formerly of Dwyer; RUNNING THENCE along said last mentioned lands North 48 degrees 55 minutes 10 seconds East a distance of 456.94 feet to a monument on the westerly side of Lighthouse Road; RUNNING TIIENCE along the westerly side of Lighthouse Road, South 41 degrees 18 minutes 20 seconds East a distance of 764.04 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the grantor herein by Deed dated October 17, 1966 and recorded in the Suffolk County Clerk's Office on January 3, 1967 in Liber 6093 page 570. TO(;ILTIIER with all right, tille and iolerest, if any, of fl~e parly of the first part in and to any streets au, ro:.l~ abutting tile above descriln'd premises to the center lines thereof: TOGETIIER with the appurtenance and ,all the estate and rights of tile party of the first part in aod to said premises; TO }{AVE AND T( HOI.D Iht' premises herein granted unto the party of the second part, the heirs or successors and assig.s o the party of tile second part forever. AND Ihe party of the first part covenants that the party of the first part has not done or suffered whereby the said premises have been encumbered in an)' way whatever, except as aforesaid. \N ) ~ ~ar y of tl~e first p~t, in conplance w h Sec ion 13 of the Leo Law covenan s that Ibc ~arlv thc first part will receive the:cons derat on for th s co ~veyance and will bold the right to recelxe such co.~s,u cratlon as a rust fund to b~ applied first for tbe purpose of paying the cost of the improvement and will appl the. same firs~ to the payment of the cost of the improvement before using any part of the total of the same any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of Ihls indenlpre $o requlrc: IN WITNESS WHEREOF, the party of the first part has duly executed Ihls deed the day aod year first abox written. gOffN A. ~cGUiRE / -- <~,, Ihe 24th day of December 19 86.before me John A. McGuire ~. t,,L' kh.wn to b,.' the individual described in and who cxccutcd Ihe fort.going inslrument, and acknowledged that he executed the same. STATE OF NEW YORK, COUNTY Of SS: ()r, the day of 19 , before mc pt r>onally came to mc I.~own, who, being by me duly sworn, did depose and ~av that he'resides at No. ; th;d hc is the , the corporation deserlbed in and which executed the foregoing instrument; that he k~o,.'.'s the seal o{ said corporation; that the seal affixed to said instrument is such corporate seal; that it was so M;~xed by order of the board of directors' of said corpora- tim, and that he signed h name thereto by like order. On the day of 19 , before me personally came to me knowu to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same, STAT! OF NEW YORK. "'OUNTY OF SS: Oil the da)' of 19 , before m, personally came the subscribing witness to the foregoing' instrument, wltb whom ! am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that be'knows ; to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness therelo, Bargaht ale Dee ,~lTIt COVENANT AGAINST GRANTOR'S ACTS McGuire TO TooBee Realty Corp. AHO~A~ FORM OF N~WYORK BOAROOF TITLE UNOERWOIrERS Distributed by CHICAGO TITLE INSURANCE COif PANY SECTION BLOCK LO1c COUNTY OR TOWN Re~rdt'd at Requeat o{ CIIICAGO TITLE INSURANCE COMPANY Frederick J. Tedeschi, Esq. 218 Front Street Greenport, New York 11944 Zip No. I DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this day of February, 1993, by SUE HANAUER, residing at 130 Woodbury Road, Woodbury, County of Nassau, State of New York, and JOAN BAGLEY, residing at 95 c~,press Drive, Woodbury, County of Nassau, State of New York, hereinafter collectively referred to as the "Declarant". ......... WHEREAS,'-the-DeClarant is the Owner in fee'si~ple 6f a certain parcel of land situated at Lighthouse Road and Soundview ~5'~'00 Avenue, Southold, Town of Southold, County of Suffolk and State of New York, designated on the Suffolk County Tax Map as ~O~.0~D District 1000, Section 50, Block 6, Lot 4, a metes and bounds description of which is shown on Schedule "A" annexed hereto and ~% made a part hereof, hereinafter referred to as the "Premises". . NOW, THEREFORE, Declarant does hereby declare that the aforesaid Premises and every portion thereof is hereby held and shall be conveyed subject to the ~onditions, covenants and restrictions hereinafter set forth, and that every purchaser of said Premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the Premises so ' purchased shall be held Subject to the covenants, conditions and restrictions hereinafter set forth. 1. The Premises hereinafter described shall constitute. one (1) building lot and shall not be further subdivided. /'/'f~ 2. The abovementioned covenant and restriction shall be construed as a covenant running with the land, and shall continue and remain in full force and effect at all times as against the owner of the Premises in perpetuity. IN WITNESS WHEREOF, the Declarant has hereby e~cuted ~hxs Declaration of Covenants and Restrictions the day and year .... ~ above written. ISUE }L~NAUER JOA~ BAGLEY ' 0 STATE OF NEW YORK) : COUNTY OF NASSAU ) ss. On the ~3~O day of February , 1993, before me personally came SUE HANAUER, known to me to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. STATE OF NEW .YORK) COUNTY OF NASSAU ) ss. Notary Public" "?On the'~3'~D day cf'February' , personally came JOAN BAGLEY, known to me to be the individual described in,,and.who'executed the foregoing instrument, land CAROLA. : ~tary Public, St~e o! New Yor~ NO. 4839377. Nas~t~ ~mm~ssion Expire~ r~arch 3, 1993~ '""~ ' be~o~e~e :acknowledged that she executed the sams. Notary Pdbll% SCHEDULE A Ail that certain plot, pieoe or parcel of land situate lying and being at Hortons Point, Town of Southold, County of Suffolk and State of New York, bounded and described as follows, BEGINNING at a corner formed by the intersection of the westerly side of Lighthouse Road with the Southerly side of Soundv. ew · cenue; R. '".~G 2HENCE along the westerly side of Lighthouse Road, South 41 degrees, l! minutes, 00 seconds East 419.04 feet to land now or formerly of JOhn McGuire; THENCE along the northerly line of land now or formerly of John McGuire, South 48 degrees, 55 minutes l0 seconds West 456.94 feet to the easterly line of land now or formerly of Genevieve Sepenowski; THENCE along the easterly line of land now or formerly of Genevieve Sepenowski~ North 42 degrees, 15 minutes, 20 seconds West 515.04 feet to the southerly side of Soundview Avenue; THENCE along the southerly side of Soundview Avenue North 60 degrees, 31 minutes 30 seconds East 476.50 feet to the point and place of BEGINNING. ]164 366 Q~CLARATIONS OF COV~NANTS AND RESTRICTIONS DECLARATION this //~,day made REALTY, INC., with principal place of business at ~r~'~;~;~'/~ /~%~ / ~ t$~/.,~.L~, hereinafter referred to as the "Declarant,,; WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate and designated on the ,,'-'~-' ' , S .... ~k 'County Tax Map as Qistrict ~cO,P Section ~0, Block ~ , Lot ~z~ , being the premises described in deed recorded in the Suffolk County Clerk's office on /~/2~/~ , in Liber/Ol2/at Page ~7, a metes and bounds description of which is shown on Schedule A attached hereto and made a part hereof, hereinafter referred to as the "premises". WHEREAS, the Declarant intends to subdivide ~aid premises for residential purposes and desires to subject said premises to certain conditions, covenants and 'restrictions in order to preserve the maximum open space, natur~] ~ ' sc_n!c bo~u~y aD~ natural ~ ' ....... v_geta, t~.on and to prevent overcrowding and to conserve the ground water resources of the To~ of Southold, and ;~EREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval of the subdivision of the premises as a Min~r Subdivision, to contain not more than four (4) lots or parcels, 1991 1164P 367 NOW, THEREFORE, the Declarant does hereby declare that.the aforesaid premises and ~very portion thereof is hereby h¢ld and shall be cpnveyed subject to the conditions, Covenant~ and restrictions hereinafter set forth, and that .;¥,~y~Y puxchaser of said premises or an ortion th . u~.4~a~ ~ . Y P ereof by ?c. tance cf a d.ed th.reto, co=enants a , ~.? . . nd agrees that · ~.~t~.he premises so purchased shall be held ~..,7%/.. subject to the ovenants, condition and restrictions hereinafter set forth. .... t~.~ . ~..~ 1. No lot or plot as shown and designated the ~.'~. ~ ~'~'~i~0r Subdlvis'ion map approved by and filed with the SOuthold and 2 of ·own Planning Board shall be further subdivided. 2. There shall be no access for lots numbered 1 the premises onto Lighthouse Road. Acces~ to Lighthousa Road shall be via the prepared sub~ivisi,:n map only. road shown on the 3, These covenants and restrictions can be only,.at the rec,/est of the then owner of the as with the approval of a majority of the Planning of the Town of Southold after a public h. earing. owners shall be entitled to notice of but their consent to such modification all of the c0venants~, conditions and icticns contained herein shall be, construed as real COvenants running with the land and sh~ll continue and in full force and effect at all times as against the of the premises or any portion thereof in perpetuity, Upon, inure to the benefit -. strtctton~ shall be btndi~ . uz a be enforceable by the "~ Declarant, his heirs,"~Successor~-dand assigns; 'any OWner of ':;~e~t~ictton~ 's~-~", . Uch Covenants, co~-. rt~h'~ +~ ~ ' ' "~ ~n no event be dee-~ "~czons and IN WITNESS ~EREO~, the Declarant has hereby ~Xecuted this Declaration of Covenants and and Year firs~ above written. Restrictions ~he SS,: TOO BEE ~ALTy, INC. and that She signed h~ name thereto by like .. ~ '- blic, ~ate of N 'tlo990, before me ~-Seal of --~' one ~ znst~ment._~ porporatt~,igst~ent; Order o~ ~ ~uc~ co=no~_. ,-.chat *the - une Board ~ '~ce seql, l' ' · *~a of said Schedule A ~ ~ . ALL that' certain_ _Dlo~,~--e or ~arcel of land, lying '?~"~"~ ..and" and. ' ' Stateb~ing ofat Southold, Town of Southold, County of Suffolk, ~,..~ ?~ New York, bOUnded and described as follow~: ~;~,.:.:..: gEGI~ING at a Point along the westerly side of -'~" 'Lighthouse Road dtstan= 1,183.0S feet from the southerly Soundvtow Avonu~ ~ R~ING48 - ~NCE55~ along land now or fO~erly of McGunnigle No~h 41 THENCE ~egrees 47, 40', West 764.06 feet to a Point; %~ ~: , ~'(-THENCE North 48 de r . , ... . .... ~ gees 55 lo,, :~,,.-~,~ .... East 456.94 feet to the westerly side of Lighthous~ Roadl South 41 degrees 18, 20. East 764.04 feet to the ,._.ahd'plac~ of beginning. 11164 370 W±ckham, Wickham & Bressler, P.C. Main Road - P.O. Box 1424 Mat~ituck, New York 11952 KH/mb CERTIFICATE OF ABANDONMENT : - ~. ::_~. ,pURSUANT TO SU[-DIVISION 3 OF SECTION 335 OF : T:~t~' I~'EAL PROPER*/-Y LAW OF THE STATE OF NEW YORK ,TF No. TOO BEE REALTY, INC., a New York Corporation having its principal place of business at 130 Woodbury Road, 3465 Woodbury, New York 11797, for the purpose of abandoning and cancelling the subdivision of a certain tract of land, owned by it and hereafter described, pursuant to Subdivision 3 of Section 335 of the Real Property Law of the State of New York, does hereby certify: 1. That a certain map subdividing such tract of land and other land situate in the Town of Riverhead, County of Suffolk and State of New York, into lots, plots, blocks and streets, entitled "Map of Minor Subdivision made for Too Bee Realty, Corp. at Southold," was filed in the office of the Clerk of the County of Suffolk on April 19, 1991 as Map No. 9086. 2. That more than two years have elapsed since the filing of said map. 3. That the tract of land owned by the undersigned which is to be abandoned and cancelled, is situate in the New York and is known Town of Southold, Suffolk County, ~C~J~ described in Schedule "A", anne xed hereto and made a part hereof. 4. That the area to be abandoned is greater than one half acre or consists of two or more contiguous lots and no opened or proposed roads other than those entirely within 12 29 9 # ABS. No. FILED Page 1 of 5 the within the bounds of such 5. The undersigned CANCEL the subdivision of bounds of the property to be abandoned are included property. owners do hereby ABANDON AND such tract of land described in Schedule "A" hereof, comprising the aforesaid subdivision, which said abandonment shall be effective and said subdivision shall no longer exist upon the due approval and recordation of this certificate. 6. Endorsed herein is the approval of the Assessor of the Town of Southold. 7. Submitted herein is an abstract of title covering a period of at least 20 years past, and a report of tax search by Peerless Abstract Corp. for Lawyers Title Insurance Corp. to the effect that there are no unpaid tax liens against the said land, to be approved by the Clerk of Suffolk County at the time of recording hereof. IN WITNESS WHEREOF, this Certificate is made and executed this ~/~' day of July, 1993. TOO BEE REALTY, INC. by: Sue Ha~nauer, President Page 2 of 5 DESCRIPTION Title NO. PEER9364-S ALL thut Certain plot, piecu or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lots 1,2,3,4 and Beacon Circle on a certain map entitled, "Map of Too Bee Realty Corp" filed in the Suffolk County Clerk's Office on April 19, 1991, as Map No. 9086, bounded and de- scribed as follows: BEGINNING at a point on ~e'~westerly sid~ of Lighthouse Road, distant 1,085.66 feet northerly from the corner formed by the intersection of the westerly side of Lighthouse Road and the northerly side of North Road which point is also the point of intersection of other lands of Agnes D. McGunnigle and the land conveyed herein; running thence south 48 degrees 55 minutes 10 along said other lands of Agnes D. McGunnigle 450.45 feet to a point; seconds west a distance of running thence north 41 degrees 47 minutes 40 seconds west along lands now or formerly of Anton Sepenoski a distance of 764.06 feet to lands now or formerly of Dwyer; running thence along said last m~ntioned lands north 48 degrees 55 minutes 10 seconds east a distance of 456.94 feet to a monument on the westerly side of Lighthouse Road; running thence along the westerly side of Lighthouse Road south 41 degrees 18 minutes 20 seconds east a distance of 764.04 feet to the point or place of BEGINNING. APPROVAL BY ASSESSOR FOR THE ABANDONMENT OF HAPPED PROPERTY WITHIN TilE TOWN OF RIVERHEAD I, Robert-~gcott,'~'khe Assessor of the Town of Southold, County of Suffolk, State of New York, have examined and reviewed the Certificate of Abandonment attached herewith. I, the nndersigned, Assessor of the Town of Southold, Suffolk County, New York, do hereby consent and approve the attached Certificate of Abandonment, which is to be promptly filed in the Riverhead, New York. Office of~r~ Suffolk County Clerk, Robert Scott~Jr / ~ ~ Assessor, Town of' ~uthold STATE OF NEW YORK : COUNTY OF SUFFOLK On the~day of Jaly, 1993, before me personally came Robert~Scott to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. N o t a r ~ ~ Notify Publ]~, Stere of New York No. 4879505 Qualified in Suffolk County C(~mission E,'q:~h'ee Decen'~m' 8, 19~--~ Page 4 of 5 STATE OF NEW YOR[ : COUNTY OF SUFFOLK On the ~i5r day of July, 1993, before me personally came Sue Hanauer to me known, who being by me duly sworn, did depose and say that she is the President of TOO BEE REALTY, INC., the corporation described in and which executed the foregoing instrument. Notary ~ublic NotarI P.b . ;c., S~ftn',k Count~' [4'; ~',;0iFA4991777 Co~ssion Exp. 2-10-9 Return to: Philip J. Cardinale, Esq. Cardinale & Cardinale Main Road, P.O. Box 2021 Jamesport, NY 11947 Page 5 of 5 PLANNING BOARD MEMBERS Bennett ¢)rlowski, Jr., Chairman (;corge Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 June 15, 1993 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Sanford Hanauer 130 Woodbury Road Woodbury, New York 11797 RE: Amendment to Too Bee Realty Approved Subdivision Lighthouse Road, Southold SCTM# 1000-50-6-5 Dear Mr. Hanauer: The following resolution was adopted by the Southold Town Planning Board on Monday, June 14, 1993: Be it RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated January 4, 1993. This subdivision received conditional final approval on May 24, 1993. All conditions of approval have been met. The original minor subdivision of Too Bee Realty Corp. which was filed in the County Clerk's office on April 19, 1991 is to be abandoned and replaced with this subdivision. At the meeting the Board thanked you for designing the project in a manner in the best interest of the Town. It was also noted that as discussed at a prior meeting, the Board was awaiting information from you in regard to an easement for drainage and recreation purposes on your adjacent piece of property. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat not so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. Too Bee Realty June 15, 1993 Page 2 Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman Encl. cc: Building Department Board of Assessors PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, .Ir. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OFSOUTHOLD April 1, 1993 SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southo~d, New York 11971 Fax (516) 765-1823 CERTIFIED MAIL Sanford Hanauer 130 Woodbury Road Woodbury, New York 11797 RE: Performance Guarantee for Too Bee Realty Corp. Lighthouse Road, Southold SCTM# 1000-50-6-5 Dear Mr. Hanauer: The performance guarantee for the minor subdivision of Too Bee Realty Corp. (Bond No. WF00012444) is due to expire on May 2, 1993. Although you are currently pursuing an amendment to the filed subdivision which would change the amount of the performance guarantee, the performance guarantee for the original subdivision must be kept valid until such time that the original subdivision is abandoned. Since the improvements have not been completed, you must extend the original guarantee for at least another year. An extension of this guarantee must be submitted to this office before the expiration date. Due to the timing of the Town Board's meetings, if the extension is not received by noon of April 20, 1993, there will be a resolution before the Town Board at its April 20, 1993 meeting to authorize the Town to draw on the Letter of Credit if the extension is not received by noon of May 2, 1993. Please contact this office if you have any questions regarding the above. CC: Harvey A. Judith T. Sincerely, Richard G. Ward Chairman Arnoff, Town Attorney Terry, Town Attorney rc WESTCHESTER FIRE INSURANCE COMPANY 518 Stuyvesant Avenue P.O. Box615 Lyndhurst, N.J. 07071-9836 BOND NO.~F00012444 $ 47,9t0.00 · KNOWN ALL MEN BY THESE PRESENTS: That we, the undersigned Too Bee Realty Corp. as Principal, and Westchester Fire Insurance Company, a corporation of the State of New Jersey and authorized to do business in the State of New Jersey, as Surety, are hereby held and firmly bound unto the Town of Southold as Obligee, in the penal sum of Forty Seven Thousand Nine Hundred Ten and no cents ($ 47,910.00 ) Dollars for the payment of which, well and truly to be made we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. WHEREAS, itisproposed to make certain Improvements at Soundview & Lighthouse Rd., at Southold, Town of Southold~ as outlined in the plat map prepared by Roderick Vantuyl~ PC on 10/6/88~ and which has been approved and adopted by the Town Planning Board of the Town of Southold on 9/26/89 in accordance with the resolution dated 10/ 18/89 which is attached hereto and made a part hereof. WHEREAS, the Town of Southold execution and delivery of this bond. has approved said plan upon the NOW, THEREFORE, the condition of this obligation is such that if the above bounden Principal shall construct the improvements shown above, and complete said work to satisfaction of theTown of Southold and in accordance with the present standard specifications of the Town of Southold therefore, then this obligation shall be void, otherwise the same remain in full force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated. Bond effective from 05/03/91 to 05/02/93 Signed, sealed and dated this 3rd day of r4ay, 1991 ~iu;ess ' '%e- ! Too Bee Realty Corp. Principal Westchester Fire Insurance Company Surety BY ..... ,? g,-.. Michelle Nicosia Attorney-in-Fact FORM ~:WF 015 ~7/89) 13MI 91 MON 16:38 ID:REIL[~IKE J~.ni~=lDE TEL ~0:i-5i~-669 ~SS1 P02 own Hall, 5~095 Main Road P.O. Box 1179 $outhold. New York 11971 I£L£PHON£ pLANNING BOARD OFFICE TOWN OF SOUTHOLD October 18, 1989 David Kap~ll P.O. Box 463 Greenport, NY 11944 RE: ToO Bee Realty SCTM %1000-50-6°5 Dear Mr. Kapell: The following actions were taken by the Southold Town Planning Board on Monday, October 16, 1989. RESOLVED that.the Southold ToWn Planning Board set Monday, November 20, 1989 at 7:45.p.m. for a p~blic hearing on the £inal map. RESOLVED that the Southold ToWn Planning Board adopt the bond estimate dated September 26, 1989 and recommend to the Town Board that they accept this bond in the a~o~t of $47~910.00. If you have any questions, please do ~ot hesitate to contact this office. Jt B. BOWNE & 5ON C September 26, 1989 .I. TEM l. 2. 3. 4. 5. a ge 10. 11. 12. 13. 14. 15. 16. BOND ESTIHATE FOR TOO-BEE REALTY SUBDIVZSXON AT $OUTHOLD, TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK UNIT DESCRIPTION .~RiCE Unclassified Excavation 6.00 Fine Grading 1.50 Saw Cuc 3.00 Furnish and Install )2" ~ RCP 20.00' Furnish and Install 8' O.D. Leaching Basins 40 v.f. 250.00 Dense Graded Aggregate Base Course - 4" Thick 90 c.y. 40.00 Bituminous Pavement Binder Course - 2-1/2" Thick 115 Tons 60.00 Bituminous Pavement Wearing Course - 1-1/2" Thick 70 Tons 60.00 Topsoil & Seeding 450 s.y. 5.00 Street Lights I ea. 1,000.00 Direct Buria] Cable 300 l.f. 2.00 Street Trees 15 ea. 200.00 Street Signs 2 ea.' 250.00 Concrete Monuments 5 ea. 80.00 Maintenance & Protection of Traffic Job Firewell 1 ~UANTITY 190 c.y. 1,020 s.y. 50 1.f. 32 1.f. AMOUN "' 1,140.00. 1,~30.00 150.00 640.00 10~000.00 3,600.00 6,gO0.O0 4,200.00 2;250.00 ~.,000.00 600.00 3,000.00 500.00 400.00 SBB NO. 87384 State of New Jersey County of Bergen ACKNOWLEDGEMENT OF SURETY ATTACHMENT TO SS. W7-00012444 On 05/06/1991, before me personally came Michelle Nicosia to me known, who, being by me duly sworn, did depose and say that she is an attorney-in-fact of Westchester Fire Insurance Company the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney-in-Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. ALl,F: M, ,F'NTRE$C~ My commission ,e~ol~J[~ ~!!1~11~, NEW 'Notary Public POWEReOF ATTORNEY' WESTCHESTER FIRE INSURANCE COMPANY PRINCIPAL OFFICE, NEW YORK, N.Y. I~NOWALL MEN BYTHESE PRESENTS: That the WESTCHESTER FIRE INSURANCE COMPANYa Cor- · porafion duly organized and existing under the laws of the State of New York, and having its administrative offices in the Township of Morris, New Jersey, has made, constituted and appointed, and does by these presents make, constitute and appoint Robert A. Nicosia, Richard L. Quackenbush, Margaret A. Nicosia, Richard Ingram, Michelle Nicosia, and Alice M. Ventresca of Lyndhurst, New 2ersey, each its true and lawful Agent(s) and Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, sea~ sTATE°, .......... ....... ..........ss: _ with ~hom I ~r~onally ~qu~in~, wh~, ~n~ ~uly sworn, aid d~e and ~: Tha~e~ .......... ~~.~.._..~ ...................................... that~e is the......~.~ ............. that the seal thereto affixeff is such eor~rate seal; that it is so affixed by order of the Board of Directors, and thane signed his name thereto by like order· ;John K. Stewart STATE OF NEW JERSEY) COUNTY OF MORRIS ) ss.: ce President Richard A. Annese On this, 3rd _ day of April 19 91 , before the subscribeL a duly qualified Notary Public of the State of New Jersey. came the above-mentioned Vice President and Assistant Se~c[~a~, of the Westchester Fire Insurance Company, to me personall known to be th ' x~-~ ,~ ,t~,- . . Y e officers descrtbed !:~,~qn~4Jo/.~xecuted the preceding instrument, and they acknowledged the execution of the same an qxx~,,--,~4~~, deposed and said, that they are the officers of said Company aforesaid, and that .~mxed to th~eding instrument is the Corporate Seal of said Company. and the said Corporate Seal and ~ff~~officcrs were duly affixed and subscribed to the said instrument by the authority and refection ot th~ stag Company. ~. T$~Y~HEREOF,~. . I have hereunto set my. hand and affixed my seal at th; Township of Morris. the ~a~ ~ ~e~firs~bove written. ~&~lltBt~~ ~3TARY P~B~C Or NEW JERSEY ~Y CO~ss~o~ ~ES ~UL'~ 25, i99~ Nota~ Public This Power of Attorney is ed pursuant to Article IV of ~e By-Laws of the WESTC}IEsTER FIRE INIiURAN~E COMPANY as now in full force and effect. ARTICLE IV Execution of Instruments. "The Chairman of the Board, Vice-Chairman of the Board, President, or any Vice- Pres/dent, in conjunction with the Secreta~', or any Secretary, if more than one shall b~ appointed by the Board, or an Assistant Secretary, shall have power on behalf of the Corporation: (a) to execute, afFLx the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all'of the purposes mentioned in the preceding paragraph (a), including affix/ng the seal of the Corporation." This Power of Attorney is signed and sealed under and by the authority of Article III, Section 9 of the By-Laws of the WESTCHESTER FIRE INSURANCE COMPANY as now in full force and effect. ARTICLE III Section 9 Facsimile Signatures. "'The signature of any officer author/zed by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issue~i by the Corporation may be printed facsimile, lithographed, or otherwise produced .'.. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued." CERTIFICATE State of New Jersey County of Morris I, the undersigned, Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing POWER OF ATTOKNEY remains in full force and effect and has not been revoked and furthermore that the above quoted abstracts of Article IV and Article III, Section 9 of the By-Laws of the Corporation are now in full force and effect. Signed and sealed at the Township of Morris, New Jersey dated 3rd day of MAY , 19 199~, .By Herbert H. Linder FM. 203.0.131 (12-73) WESTCHESTER FIRE INSURANCE COMPANY NEW YORK, NEW YORK STATEMENT AS OF DECEMBER 31, 1990 ASSETS · Bonds .............. Stocks: Preferred .......... $ 3,023,408 Conumon .......... 3D4.082.sfl0 Real Estate .......... Cash and Bank Deposits .......... Short Term Investments ........ Other Invested Assets ............ Premium Balances Reeeivab{e ......... Equities and Deposits in Pools and . Associations ....... Other Assets ......... Total Admitted Assets $1,057.80fl,824 307,085,g14 7.930,414 21,200.474 41,394,931 3,847,415 104,408,380 4,520.980 36.448.123 _$1,594,703,:~5 LIABILITIES AND SURPLUS Losses and Adjustment Expenses .......... $I,015,834,133 Taxes and Expenses .......... 25,744,321 Unearned Premiums ......... 164,857,794 Other Liabilltlcs ...... 74,491,275 Capital .............. $ 2,500,000 Paid in and Contributed Surplus ........... Other Surplus ........... Surplus lo Policyholders ...... 130,~fl0.715 181.315,027 313.975,742 Total Liabilities and Surplus Bonds and Stocks are valued in accordance with the basis adopted by the National Association of Insurance Commissioners. Securities carried at $150,BIS4,169 in the above statement are deposited al required by law. STATE OF NEIF.IERSEY COUNTY OF MORRIS' GEORGE J. RACHMIEL, Senior Vi~ President & Treasurer and MICHAEL A. SANDRI, Vice President of the Westcbester Fire Insurance Company beinR duly sworn, each for himseff deposes and says that they are the above described officers of the said Company and that on the 31st day of Decembar, 1990the Company was aotually posseued of the aegis set forth In the forei~oln~ ltatement and that such assets were available for thc pay, meat of losses and claims, and held for. the protection of its policyholders and creditors, except as herein- before md:cared, and that the forego:nS statement i~ a correct exhibit .o~f such a, sse~ and liabilities of the said Company on the 31St day of December, 1990 according t~ the best of their imormauon, ~nowled8~ and belief, respectively. Sworn to an gubssribod before me this 2$th day of April, 1990. CYNTHIA JO 8TEHLI · NOTARY PUBLIC OF NI~YJERSEY My Commlealen Expires Dee. 15, 19~3 I Senior I/Ice Pre,talent & Treamrer Vice Pre,sldem April 2, 1991 SANFORD HANAI.~R ASSOCIATES INC DESIGNERS 130 WOOOBURY ROAD WOODBURY NY 11797 516.692.4404 Mr. Ray Jacobs, Superintendent Highway Department Town of Southold Main Road Southold, New York 11971 Dear Mr. Jacobs: Re: Pond Property SE Corner of Lighthouse Rd. and Soundview Ave. I have called your office several times over the past two weeks, but have had no reply. You will recall I spoke to you last December, and again this Janaury, with regard to the road drainage in the above area. As I explained to you, the water is running off the road and into my pond, flooding the property. We had discussed several suggestions and you were going to review these with the Town engineer and get back to me. For your information, I am enclosing a copy of Page 37 from the minutes of the Planning Board Meeting, held 11/13/90. You will note that Mr. McDonald has indicated this matter should be handled by the Highway Department. As a taxpayer, I think I am entitled to a response with regard to this problem. Very truly yours, Mr.~ Hanauer.- we didn't discuss the drainage? How do we resolve the drainage? Mr. McDonald: If there was a subdivision, assuming you got through the ZBA and you had whatever variances, whatever drainage problems existed on the site would have to be dealt with within the Planning process. At that time, I would think in conjunction with the Highway Department that we would be able to solve the drainage problem. We have to solve the drainage problem. Then, I think that would finally fall into our laps. We would count highly on the Highway Department and their comments on the subject and our consultant as well. Mr. Hanauer: You'll be looking into that in the meantime? Mr. McDonald: No, for anything you've submitted we would have to send to the consultants and they would want money for that, for the reviews and to do it before there was anything in the way of approvals would be premature. Mr. Hanauer: I mean regardless, even if we didn't get the approvals we still have the drainage problems. Mr. McDonald: If it's not a subdivision, we no longer have any power over it. I'm not denying the problem no matter how you look at it. It's whether we have the power to do anything about it. As a subdivision, the drainage would be in purview but as a lot, it is not within our purview anymore. We no longer have any power over it. Mr. Hanauer: Who would then? Mr. McDonald: The Highway Department. Mr. Like, Mr. Hanauer, Mr. Kapell: Thank you very much. Being there was no further business to come before the board, the meeting was adjourned at 8:30 p.m. Respectfully submitted, Jane Rousseau, Orlowski, Jr., Chai~an Bennett APR I 8 1991 RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS JAMES A. RICHTER ENGINEERING INSPECTOR 765-3140 734-5211 OFFICE OF THE ENGINEER TOWN OF SOUl"HOLD MARCH 13, 1991 MR. BENNETT ORLOWSKI, JR. CHAIRMAN - PLANNING BOARD TOWN HALL - 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 RE: Too Bee Realty SCTM # 1000-50-6-5 Dear Mr. Orlowski: The proposed Too Bee Realty Minor Subdivision located on Light House Road in Southold should require one additional Covenant & Restriction. Lot # 4 contains an area indicated as Wetlands. In~nediately to the North West of this area is a Berm and Overflow Ditch that maintains the elevation of the existing Pond on the adjacent property. This elevation is slightly lower than the road elevation along Soundview Avenue. This elevation must be maintained to prevent a hazardous flooding condition on an existing Town Road. The additional Covenant and Restriction should stipulate that No alterations or changes will be made to this existing Berm and Overflow Ditch. It should also allow the Town access to the property for routine maintenance of the Ditch. If you have any questions with reguards to this matter, please contact my office. cc: Raymond L. Jacobs file /~rely, /'~ PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 March 12, 1991 Sanford Hanauer Sanford Hanauer Associates Inc. 130 Woodbury Road Woodbury, New York 11797 RE: Too Bee Realty SCTM9 1000-50-6-5 Dear Mr. Hanauer: On January 28, 1991, the Planning Board received, from David Kapell, a sketch for an alternative proposal of development for the above mentioned parcel. Planning staff, as authorized by the Planning Board, verbally informed Mr. Kapell on February 4th, that the Board was not in favor of the alternative sketch. It should be noted that the alternative plan was similar to one that had bee~ rejected by the Planning Board prior to sketch plan approval df the now approved plans. Conditional final approval, along with two 6 month extensions, had been granted on a different plan, and was to expire on February 13, 1991. After an "eleventh hour" submission to fulfill the bonding requirement of the conditional approval, the maps were scheduled for the next Planning Board meeting to be endorsed. If you wish to abandon the approved map, and pursue the alternative proposal, a complete application for subdivision approval must be submitted. In addition, the Planning Board can not abide by your request in reference to mailing procedures. It is the Planning Board's policy to correspond with only one contact person. Therefore, all correspondence will be directed to you only. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman March 6, 1991 SANFORD HANAUER ASSOCIATES INC DESIGNERS 130 WOODBURY ROAD WOODBURY NY 11797 516.692.4-404 Planning Board Town of Southold Town Hall 53095 Main Road/P. Southold, New York O. Box 1179 11971 Dear Melissa: Re: Too Bee Realty SCTM #1000-50-6-5 Hanauer/Bagley Pond SCTM #100-50-6-4 Thank you for your assistance last week. In the future, I would appreciate your following the following procedures when mailing any correspondence relating to the above properties: Too Bee Realty: Originals to Sanford Hanauer Above address Copy to David Kapell 400 Front Street/P. O. Box 463 Greenport, New York 11944 Hanauer/Bagley: Originals to Sanford Hanauer Above address Copy to Irving Like, Esquire Reilly, Like, Tenety & Panos 200 West Main Street/P. O. Box 218 Babylon, New York 11702 With regard to David Kapell's letter of January 28th addressed to Mr. Orlowski, it is my understanding that this was denied, and I would appreciate receiving a letter stating the reasons for the denial. Very t~r~J~ours, cc: David Kapell Irving Like - 7 1991 SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTM#: COMMENTS: C February 12, 1991 Planning Board (Attn: Ms. Town of Southold Town Hall Southold, New York 11971 Melissa) Dear Melissa, I enclose two checks: In amount of $47,910 (Manufacturers Hanover Trust check) to be held in a money market account in name of Joan Bagley (ss# 215-30-8699) until such time as TooBee provides a bond related to its sub-division requirement. Mr. Arnoff has offered to arrange for this account as a courtesy for which I am appreciative. Check (personal) in amount of $2,874.60 payable to Town of Southold for "inspection fee" related to same TooBee subdivision. Thanks very much for your help. Sincerely, Milton F. FEB" I'at {, Advc~lising Agcnt:y. 485 Fit'lh Avenue. New Yo~ k, N.Y. 101)17 · 912/818 (1100 11164 366 DECLARATIONS OF COV~.NANTS AND RESTRI~oN.". DECLARATION made REALTY, INC., with principal place of business at 3~"~0--/'~?'/' hereinafter referred to as the "Declarant,,; WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate at !~c~c~/~. ~,~[]v and ~esignated on th~ S~..olk 'County Tax Map a~ ~i~trict ~ Section ~0, Block ~ , Lot ~ , being the premises described in deed recorded in the Suffolk County Clerk's office on /~/2~/~ , in Liber/O22/at Page ~7 , a metes and bounds description of which is shown on Schedule A attached hereto and made a part hereof, hereinafter referred to as the "premises". WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegetat~on and to prevent overcrowding and to conserve the ground water resources of the To~n of Southold, and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval of the subdivision of the premises as a Minor Subdivision, to contain not more than four (4) lots or parcels, i{CW, THEREFORE, the Declarant does hereby declare that.the a:~oresaid premises and every portion thereof is hereby hoh[ and shall be cpnveyed subject to the conditions, covenants end restrictions hereinafter set forth, and that every purck.aser of said premises or any portion thereof, by ' '~h~ a~ceptance of a deed thereto~ covenants and agrees that the premises so purchased shall be held subject to the covenants, condition and restrictions hereinafter set forth. ..... · 1. No lot or plot as shown and designated on the Minor SubdiviSion map approved by and filed with th~ Southold To'~n Planning Board shall be further subdivided. 2. There shall be no access for lots numbered 1 and 2 of the premises onto Lighthouse Road. Acces~ to Lighthouse Road shall be via the prepared road show~ on the subdivision map only. 3. These covenants and restrictions can be · ~ ,,Odifted only at the request of the then owner of the ' P~emises With the approval of a. majority of the Planning BOard of the Town of Southold after a public h. earing. ~o~in~ng property owners shall be en 4. ~a~ all 9f the c~venan~s~ condit$ons a~ r~Strictions contained herein shall be c~enants ~nning wSth the ~and and ~sh~ll-con~$nue and r~ain in full force and effec= ~t all times as against the ~f' the premises or any portion thereof in pe~etuity. ~;~ Said COvenantS, C°nditlOns and restrtctton~ shall be binding Upon,. inure to the b~efit, of and be enfOrceable by the Declarant, his heirs,i~SUcce~sors and any portion of the aforementioned assigns; 'any o~ner of Premises, their heirs, sUCcessors and assigns, ~ s~ocessors and assigns _"~ th. ~o~ of restrictions sba:i ~ ~ suca covenants, cond . to ' ' waiver of the do s° ~ there~ter. I~ ~ITNE8$ WHEREOp, the Declarant has hereby eXecUted this Declaration of Covenants and day and Year first above written. RestriCtions the TOO SEE REALTy, INC. , 199i to Of ~oard ~f di~:¢~i, 'the seal She signed h~ ors ~..-i ' name =hereto by like 11154 69 / Schedule A ALL that' certain plotI Piece or Parcel of and bging at Southold, Town of Sour=--- land, lying and nu&~' C°unty of Suffolk, State of New York, bOUnded and described as follows: BEGINNING at a POint along the westerly side of Lighthouse Road distant 1,183.~8 feet from the sOUtherly , RUNNING TR~NCE along land now o~ formerly of McGunntgle . .~ 48 degrees $5' 10,, West 450.45 feet to a point; T~ENCE North 41 degrees 47~ 40. West 764.06 feet to a point; T~ENCE North 48 degrees 55~ 10,, East 456.94 WeSterly st~e of Lighthouse Road; T~EN~E SOuth 41 degrees 18, 20. East 764.04 and'place of beginning. feet to the feet to the 11164 370 Wickham, Wickham & Bressler, Main Road - P.O. Box 1424 Mattituck, New York 11952 KH/mb KAPELL REAL ESTATE, INC. 400 Front Street Post Office Box 463 Greenport, New York 11944 (516) 477-0100 · Fax (516) 477-2488 January 28, 1991 Mr. Bennett Orlowski, Jr. Chairman, Southold Town Planning Board Main Road Southold, N.Y. 11971 Re: ~ooBee Realt~ Corp. 8C'l'l,f #~000-50-$-5 Dear Mr. Chairman: In connection with the referenced subdivision I enclose herewith a sketch prepared by my client, Sanford Hanauer, of an alternate to the plan which received conditional final approval from your board on February 13, 1990. The approved plan calls for construction of an interior road to serve the four lots proposed which is estimated by the town engineer to cost $50,784.60 including inspection fees. The alternative plan calls for the four lots to be served by two common driveways with access from Lighthouse Road. This plan would eliminate the need for a new road resulting in a savings of $50,000.00 for my clients. This comes to $12,500.00 per lot and represents a severe hardship to my clients; particularly in light of current economic conditions and the significant drop in land values in the town. Lighthouse Road is a lightly travelled street and it is difficult to see how the impact of two common drives could possibly be significant when measured against the hardship imposed on the owners of this property. On behalf of my clients, this request and respectfully ask that consideration. JAN I apologize for the short notice of it be given quick Very truly yours, t David E. Kapell as agent Exclusive Affiliate of Sotheby's International Realty ./ 45 ~,. 94 1o~-, 5o' lfi-o,M, (T-r~,~.,,u.) KAPELL REAL ESTATE, INC. 400 Front Street Post Office Box 463 Greenport, New York 11944 (516) 477-0100 · Fax (516) 477-2488 January 28, 1991 Mr. Bennett Orlowski, Jr. Chairman, Southold Town Planning Board Main Road Southold, N.Y. 11971 Re: ~ooBee Re&~ ~orp. 8~M #~000-50-$-5 Dear Mr. Chairman: In connection with the referenced subdivision I enclose herewith a sketch prepared by my client, Sanford Hanauer, of an alternate to the plan which received conditional final approval from your board on February 13, 1990. The approved plan calls for construction of an interior road to serve the four lots proposed which is estimated by the town engineer to cost $50,784.60 including inspection fees. The alternative plan calls for the four lots to be served by two common driveways with access from Lighthouse Road. This plan would eliminate the need for a new road resulting in a savings of $50,000.00 for my clients. This comes to $12,500.00 per lot and represents a severe hardship to my clients; particularly in light of current economic conditions and the significant drop in land values in the town. Lighthouse Road is a lightly travelled street and it is difficult to see how the impact of two common drives could possibly be significant when measured against the hardship imposed on the owners of this property. On behalf of my clients, I apologize for the short notice of this request and respectfully ask that it be given quick consideration. 3 0 1991 Very truly yours, t David E. Kapell as agent Exclusive Affiliate of Sotheby's International Realty JAN'",, ¢~, ~991 SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTM#: COMMENTS: 1991 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF.SOUTHOLD 4 , November J.q, 1990 SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 David E. Kapell 400 Front Street P.O. Box 463 Greenport, New York 11944 Dear Mr. Kapell: RE: Too Bee Realty SCTMg1000-50-6-5 The following resolution was adopted by the Southold Town Planning Board at a meeting held on Tuesday, November 13, 1990. RESOLVED that the Southold Town Planning Board grant a ninety (90) day extension of conditional final approval. Conditional final approval was granted on February 13, 1990 and a ninety (90) day extension was granted on September 10, 1990. The ninety (90) day extension will expire on February 13, 1991 unless all conditions of approval have been fulfilled. This will be the last extension that the Planning Board will be granting. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett~~'~/~~'Jr. ChairmanOrlOwskl' v OW$ KAPELL REAL ESTATE, INC. 400 Front Street Post Office Box 463 Greenport, New York 11944 (516) 477-0100 · Fax (516) 477-2488 November 8, 1990 Mr. Bennett Orlowski, Chairman Southold Town Planning Board Main Road Southold, N.Y. 11971 Re; Toobee Realty Corp. SCTM #100-50-6-5 Dear Mr. Chairman: This will serve to request as an additional 90 day of the six month period in which to file the fonal maps tion with the captioned subdivision. extension in connec- We are just completing the process of complying with the various conditions of your board!s approval and expect to file the final map shortly. Thanks for your help. Very truly yours, ~avid E. Kapell as agent Exclusive Affiliate of Sotheby's International Realty PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 11, 1990 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 David E. Kapell 400 Front Street P.O. Box 463 Greenport, New York 11944 RE: Too Bee Realty SCTM91000-50-6-5 Dear Mr. Kapell: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 10, 1990. RESOLVED that the Southold Town Planning Board grant a ninety (90) day extension of conditional final approval. Conditional final approval was granted on February 13, 1990. The 90 day extension will expire on November 13, 1990 unless all conditions of approval have been fulfilled. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman BRANCH OFFICE 10 Flanders Road, Box 1771 Riverhead, New York 11901 (516) 369-0100 KAPELL REAL ESTATE, INC. 400 Front Street Post Office Box 463 Greenport, New York 11944 516-477-01 O0 August 30, 1990 Mr. Bennet Orlowski, Jr. Chairman, Southold Town Planning Board Main Road Southold, N.Y. 11971 Re: TooBee Realty Corp. SCTM #1000-50-6-5 Dear Mr. Chairman: This will serve six month limitation which was granted on as a request for a 90 day extension of the placed on approval of the s~bject project February 13, 1990. After two submissions to your office the Town Attorney has approved covenants which the board has required and same are about to be recorded. After this, we will file the final map. Thankyou for your consideration. v ri~dy truly yours, E. Kapell BRANCH OFFICE 10 Flanders Road, Box 1771 Riverhead, New York 11901 (516) 369-0100 KAPELL REAL ESTATE, INC. 400 Front Street Post Office Box 463 Greenport, New York 11944 516-477-0100 June 27, 1990 Mr. Bennett Orlowski Chairman, Southold Town Planning Board Main Road Southold, N.Y. 11971 Ref: TooBee Realty Corp. SCTM 1000-50-6-5 Dear Mr. Chairman: Enclosed, herewithm please find revised covenants and restrictions as you requested. Very truly yours, DECLARATIONS OF COVENANTS AND RESTRICTIONS DECLARATION made this day of , 1990, residing at hereinafter referred to as the "Declarant"; by , WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate at , Town of Southold, County of Suffolk and State of New York, and designated on the Suffolk County Tax Map as District , Section , Block , Lot , being the premises described in deed recorded in the Suffolk County Clerk's office on , in Liber at Page , a metes and bounds description of which is shown on Schedule A attached hereto and made a part hereof, hereinafter referred to as the "premises". WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegetation and to prevent overcrowding and to conserve the ground water resources of the Town of Southold, and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval of the subdivision of the premises as a Minor Subdivision, to contain not more than four (4) lots or parcels, NOW, THEREFORE, the Declarant does hereby declare that the aforesaid premises and every p~rtion thereof is hereby hold and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, condition and restrictions hereinafter set forth. 1. No lot or plot as shown and designated on the Minor subdivision map approved by and filed with the Southold Town Planning Board shall be further subdivided. 2. There shall be no access for lots numbered 1 and 2 of the premises onto Lighthouse Road. Access to Lighthouse Road shall be via the prepared road shown on the subdivision map only. 3. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 4. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, his heirs, successors and assigns; any owner of any portion of the aforementioned premises, their heirs, successors and assigns, and the Town of Southold, and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. IN WITNESS WHEREOF, the Declarant has hereby executed this Declaration of Covenants and Restrictions the day and year first above written. STATE OF NEW YORK) ) COUNTY OF SUFFOLK) SS. : On the day of , 1990, before me personally came , to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public 29covrestr PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 May 18, 1990 David Kapell 400 Front Street P.O. Box 463 Greenport, New York 11944 RE: Proposed subdivision for Too Bee Realty SCTM9 1000-50-6-5 Dear Mr. Kapell: The draft Declaration of Covenants and Restrictions dated May 14, 1990, has been reviewed by staff. The following revisions must be made prior to review of the document by the Town Attorney. The Planning Board requested a covenant stating that "there shall be no access for Lots numbered 1 and 2 on Lighthouse Road, these lots are to have access on the proposed road only." This statement was not included in the draft document. Number 2 of your draft should be revised to read: These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. Please submit a revised draft to this office for review. Very truly yours, Chairman enc. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) '/6S-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD C( January 19, 1990 David E. Kapell Kapell Real Estate, Inc. 400 Front Street P.O. Box 463 Greenport, NY 11944 Dear Mr. Kapell: RE: Too Bee Realty SCTM~ 1000-50-6-5 The following took place at the meeting of the Southold Town Planning Board on Thursday, January 18, 1990. The final public hearing, which was opened on November 20, 1989, was again kept open. The hearing will be kept open until the Planning Board receives the following: 1. Maps locating the wetlands. In addition, the Planning Board requests the following Covenants and Restrictions: There is 'to be no further subdivision of any of the lots in perpetuity. e There shall be no access for Lots numbered 1 and 2 on Lighthouse Road, these lots are to have access on the proposed road only. Please submit a draft Declaration of Covenants and Restrictions. The draft will be reviewed by the Planning Board and the Town attorney. Satisfactory Covenants and Restrictions must be filed with the office of the County Clerk prior to endorsement of the subdivision by the Chairman. BRANCH OFFICE 10 Flanders Road, Box 1771 Riverhead, New York i1901 (516) 369-0100 KAPELL REAL ESTATE, INC. 400 Front Street Post Office Box 463 Greenport, New York 11944 516-477-0100 May 14, 1990 Mr. Bennett Orlowski, Jr. Southold Town Planning Board Main Road Southold, N.Y. 11971 Re: TooBee Realty Corp. SCTM #1000-50-6-5 Dear Mr. Chairman: Per your request I enclose herewith a proposed Declaration of Covenants and Restrictions in connection with the referenced subdivision. Please have the Town Attorney review this submission and inform us as to his approval so that we may record the original. Thanks for your assistance. Very truly yours, · Kapell DECL]tI~TION OF COVENANTS ~ND RESTRICTIONS by DECLARATION made this day of , residing at , 1990, hereinafter referred to as the "Declarant"; WHEREAS, the Declarant is the owner in fee simple of a certain parcel of land situate at , Town of Southold, County of Suffolk and State of New York, and designated on the Suffolk County Tax Map as District , Section , Block , Lot , being the premises described in deed recorded in the Suffolk County Clerk's Office on , in Liber at Page , a metes and bounds description of which is shown on Schedule A attached hereto and made a part hereof, hereinafter referred to as the "premises". WHEREAS, the Declarant intends to subdivide said premises for residential purposes and desires to subject said premises to certain conditions, covenants and restrictions in order to preserve the maximum open space, natural scenic beauty and natural vegetation and to prevent overcrowding and to conserve the ground water resources of the Town of Southold, and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval of the subdivision of the premises as a Minor S~ivision, to contain not more than four (4) lots or p~i~'i NOW, THEREFORE, the Declarant does hereby declare that the aforesaid premises and every portion thereof is hereby held and shall be conveyed subject to the conditions, covenants and restrictions hereinafter set forth, and that every purchaser of said premises or any portion thereof, by the acceptance of a deed thereto, covenants and agrees that the premises so purchased shall be held subject to the covenants, conditions and restrictions hereinafter set forth. 1. No lot or plot as shown and designated on the Minor Subdivision map approved by and filed with the Southold Tow~ Planning Board shall be further subdivided. 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 of the Town Board or the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 3. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, his heirs, successors and assigns; any owner of any portion of the aforementioned premises, their heirs, successors and assigns, and the Town of Southold, and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. IN WITNESS WHEREOF, the Declarant has hereby executed this Declaration of Covenants and Restrictions the day and year first above written. STATE OF NEW.YORK) ) COUNTY OF SUFFOLK) ss.: On the day of , 1990, before me personally came , to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFF/CER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON FEBRUARY 26, 1991: RESOLVED that the Town Board of the Town of Southold hereby accepts the money market account in the amount of $47,910.00, entitled "Harvey A. Arnoff as escrow agent for Joan Bagley", which amount is submitted as a bond for roads and improvements in the major subdivision of Too-Bee Realty, located at Southold, all in accordance with the Town Board's resolution of October 24, 1989 approving said amount upon the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consulting Engineers. Southold Town Clerk February 27. 1991 14AR -/[ 1991 Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TO~q~ OF SOUTHOLD February 14, 1990 David Kapell Kapell Real Estate, Inc. 400 Front St. P.O. Box 463 Greenport, NY 11944 RE: Too Bee Realty SCTM# 1000-50-6-5 Dear Mr. Kapell: The following took place at the meeting of the Southold Town Planning Board on Tuesday, February 13, 1990. The final public hearing, which was opened on November 20, 1989, was closed. The following resolution was adopted: WHEREAS, Too Bee Realty Corp. is the owner of the property known and designated as SCTM# 1000-50-6-5, located on the southwest side of Lighthouse Road, 419 feet south of Soundview Avenue in Southold; and WHEREAS, this minor subdivision, to be known as Too Bee Realty Corp., is for 4 lots on 7.956 acres; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part ill7, declared itself Lead Agency and issued a Negative Declaration on May 9, 1988; and WHERF2%S, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on February 13, 1990; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board grant conditional final approval, and authorize the Chairman to endorse the final surveys dated February 7, 1990 subject to fulfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution. Submission of a draft Declaration of Covenants and Restrictions. Once the draft is approved by the Planning Board and Town Attorney, a copy of the recorded declaration must be submitted to the Planning Board. Submission of final maps (5 paper prints and 2 mylars) with the following: A. A current stamp of Health Department approval. B. The location of the fire well. C. The Liber and page number of the recorded Declaration of Covenants and Restrictions. D. The name of the proposed road. Submission of a Letter of Credit, or its equivalent in the amount of $47,910.00. Submission of the inspection fee in the amount of $2,874.60. Please contact this office if you have any further questions. Very truly yours, /. , Bennett Orlowski, Jr. / ./~J Chairman PLANNING BOARD 15 FEBRL$ 13, 1990 Planning Board or the Bay Constable. A covenant, as per Section A106-33 (2) of the Subdivision Regulations of the Town Code, that the individual lots will be designated as to accommodate all off-street parking. As per the May 17, 1990 correspondence from the Southold Town Board Highway Committee, there are to be two parking areas, excluding the garage or carport, in each lot to provide off-street parking. 5. Submission of a copy of the recorded Declaration(s) of Covenants and Restrictions. 6. Review, and approval, by the Town Attorney, of the water contract between DBM Co. and the Village of Greenport. Submission of the park and playground fee. The amount of this cash payment in lieu of land for park and playground purposes is to be determined by the Town Board. Submission of a bond, Letter of Credit or equivalent for the amount of $565,530.00, and acceptance of same by the Town Board. This bond estimate includes Section One, Section Two and Section Three. 9. Submission of the inspection fee of $33,931.00. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. motion? Ail those in favor? Any questions on the Ayes; Mr. Ward, Mr. McDonald, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Too Bee Realty - This minor subdivision is on 37.72 acres located at Southold. SCTM ~1000-50-6-5. We kept this open. We have received final maps locating the wetlands on one of the lots. I believe we have those maps now. I'll ask if there are any comments on this subdivision while this hearing is open? Mr. Bressler: For the applicant. Thank you Mr. Chairman. Mr. Chairman you have indicated that the maps are currently in the board's possession. May I ask if the correspondence dated February 8, 1990, from Hampton Manor Associates is also with those filed maps? Mr. Orlowski: Yes. PLANNING BOARD 16 FEBR~ 13, 1990 Mr. Bressler: Mr. Chairman, this final map reflects inspection which occurred with respect to lot number four in this subdivision. Rather than rehash what has gone on here in the last few meetings, I would like to point out that the letter of February 8th that I previously referred to sets forth both how this situation was attained in the first place and what we are going to be faced with in the future. The correspondence previously introduced into the record before this board indicates that the New York State Department of Environmental Conservation is taking an active role with respect to the very serious problem of the drop in the water level in the pond. Indeed they are taking, what I consider to be very unusual steps of requesting the landowners permission to go in and build the dike back up, which we have granted. I think it is plain to everyone that when the Department of Environmental Conservation performs the repair of the dike, hopefully, the water level of the pond will return to its prior level and the source of water through the ditch which has created this wetlands, if you will, is going to be cut off. I think the letter of February 8th, makes that clear. We have delineated on this map the wetlands as they currently exist. I think it is plain that these wetlands are going to be very short lived pursuant to the DEC's action. They are going to go in there and they are going to re-dike and the trickled water is going to be stopped and these wetlands are going to dry up and I think that is something that everyone is going to have to live with because the DEC has authority in this area. The point of all this is that we are submitting this map to the Planning Board and we are asking that the public hearing be closed and that the map be approved subject to the receipt of the usual covenants. We are also asking one further thing and that is that over the course of time, a very short period of time if the DEC acts accordingly, these wetlands are going to disappear and the only thing that we ask this board is that at such time this map be redrawn and the building envelope, to reflect that condition. It is going to occur undoubtedly within the next twelve months and that is going to be the result of the DEC activity. We would just like to do that so the owner of lot number four won't get shorted. Mr. Orlowski: You are asking us to approve it subject to a change later on? Mr. Bressler: What we are asking is, that you approve this map with the understanding that as a result of DEC activity these wetlands are surely going to disappear. They are going to stop the flow of water and they are going to restore the level of the pond and what my clients are concerned with is that they not be bound by the building envelope that we are putting on this subdivision now at such time as the DEC takes its actions. We didn't put ourselves in this situation and the DEC is now taking action to remove us from this situation. What I'm saying is we're going to be back in front of this board and we're going to show you a regular building envelope. PLANNING BOARD 17 FEBRUO 13, 1990 Mr. Ward: O.K., but you have to understand that right now the approval is subject to that most recent map. If you decide later to file an amendment, or come back in, that can be done later on but it has no contingent now. There is no basis at this point. Mr. Bressler: We understand now, we want you to know right now what the DEC is planning and a year from now we will be back here with a redrawn map. Mr. Orlowski: O.K. any other comments on this subdivision? Hearing none, I'll entertain a motion to close the hearing. Mr. Ward: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: What is the pleasure of the board? Mr. Ward: Mr. Chairman, I make a motion that the following resolution be adopted. WHEREAS, Too Bee Realty Corporation is the owner of the property known and designated as SCTM 91000-50-6-5, located on the southwest side of Lighthouse Road, 419 feet south of Soundview Avenue in Southold; and WHEREAS, this minor subdivision, to be known as Too Bee Reality Corporation, is for four lots on 7.956 acres; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on May 9, 1988; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on February 13, 1990; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board grant conditional final approval, and authorize the Chairman to endorse the final surveys dated February 7, 1990 subject to PLANNING BOARD 18 FEBRU~ 13, 1990 fulfillment of the Following conditions. Ail conditions must be met within six (6) months of the date of this resolution. Submission of a draft Declaration of Covenants and restrictions. Once the draft is approved by the Planning Board and Town Attorney, a copy of the recorded declaration must be submitted to the Planning Board. 2. Submission of final maps (5 paper prints and 2 mylars) with the following: A. A current stamp for Health Department approval. B. The location of the fire well. C. The Liber and Page number of the recorded Declaration of Covenants and Restrictions. 3. Submission of a Letter of Credit, or its equivalent in the amount of $47,910.00. 4. Submission of the inspection fee in the amount of $2,874.60. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on that motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. MAJOR AND MINOR SUBDIVISION, LOT LINE CHANGES AND SET OFF APPLICATIONS: Final Determinations: Mr. Orlowski: Adams Associates/~is minor subdivision is on 7.6797 acres logit Mattit~k. SCTM 1000-113-12-10. Mr. McDonald: Mr. C~irman, ~ would like to make a motion that the following resol~ti~.be~d~pt~. WHEREAS, Adam Associate is the owner of the property known and designated as SCTM ~10~0~113-12-10, located at the north side of County Road 48, l~6.3~feet east of Cox Neck Lane in Mattituck; and · / . 4..~. WHEREAS, this mino~ subdivisi~q, to be known as Adam Associates Minor SubdivSsion, is for~four lots on 7.6797 acres; and /. ~ PLANNING BOARD 19 FEBRUO 13, 1990 WHEREAS, a variance for approval of insufficient lot area and width of lot No. 4 was granted by the Zoning Board of A~eals on June 29, 1989; and ~WHEREAS, the Southold Town Planning Board to the Sta~Environmental Quality Review Act, (Articl , Part 617, declared itself Lead Agency and issued a Negati% Declaration on January3, 1989; and / .... W~.E.R~AS, a final public hearing was clo~ed on said subdivisid~ application at the Town hall, S~uth¢ld, New York on January 18,~990; and / WHEREAS,~all the requirements of th~ Subdivision Regu. lations offs Town of Southold ~been met; and be it therefore, ~ RESOLVED, that\the Southold Planning Board grant ' conditional final :oval to the dated January 30, 1989, and authorize the to the final surveys subject to fulfillment of the llowing onditions. All conditions must be met within six mont of the date of this resolution. 1. Receipt of fina including the (5 paper prints and 2 mylars information: A notatior and Restr. must inc Declara! a Declaration of Covenants has been filed. This notation Liber and Page number of the B. The ni of the road. Mr. Ward: C. A of current S~ffolk County Health De] ~nt approval.~ Submiss~ of a copy of the D~laration of Covenants and Ressrictions which has been~filed with the office of the/Cou[ty Clerk. ~ Receipt.of a performance bond, Letter of Credit or the ~quiva .ent in the amount of $38~345.00, and acce~t?nce of same by the Town Board~ Receipt of the inspection fee, in the ~ount of $2,300.70. ~ Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Latham, Mr. Orlowski. PLANNING BOARD 20 FEBRU~ 13, 1990 Mr. Orlowski: Opposed? So ordered. **************************************** Mr. Orlowski: John Beebe - This minor subdivision is on 97,035 ;quare feet located at Cutchogue. SCTM ~1000-i03-3-5. Mr. Mr. Chairman, I would like to make the following designated as Beebe Drive John Beebe is the owner of the CTM #1000-103-3-5, located 37 feet south of Antler known and west side of in Cutchogue; and WHEREAS, minor subdivision, to Minor Subdivision for two lots on 97 known as John Beebe square feet; and WHEREAS, a width of the two Board of Appeals on for approval ed parcels wa 6, 1988; insufficient area and by the Zoning WHEREAS, the Southc State Environmental declared itself Lead December 19, 1988; and Town P1 Board, pursuant to the Act, (Article 8), Part 617, a Negative Declaration on WHEREAS, a final public subdivision application at January 18, 1990; and ~ring was closed on said Hall, Southold, New York on WHEREAS, all the requi Regulations of the town of the Subdivision been met; and be it therefore RESOLVED, that Town nning Board grant conditional final appr~ on the maps ~ed February 16, 1989 and authorize the ChaJ to endorse the inal surveys subject to fulfillment of 3 conditions All conditions must be met within six ( months of the date of resolution. 1. Final map~ (5 paper prints and 2 ) including the foll¢ stamp of Health De~ )roval. A notation that a Declaration of Covenants and Restrictions has been filed, including the Liber and page number. Mr. McDonald: Second. SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTM#: COMMENTS: Hampton-Manor Associates, Inc. P.O. Box 308 Manorville, New York 11949 (516) 878-1031 February 8, 1990 Mr. Sanford Hanauer Sanford Hanauer Associates 130 Woodbur¥ Dr. Woodbury, N.Y. ]179'7 Too Bee Property Southold Dear Sandy: The Too Bee Realty property, presently tinder review by the Town of Southold Planning Board is located south of property containinE a small dammed pond. The Town presently concerned about a wetland condition which is apparent on the Too Bee property. The wetland condition may affect the future development of the property. Field investigations of the property find that the dam on the property to the north has been breached by the digging of a small ditch to carry water from the pond to the adjacent Too Bee property. From reports, it has been stated that 'this ditch was dug in the recent past, approximately eighteen months ago, and was dug without permission of the property owners in question. As a result of the ditch, the level of the pond has dropped approximately 12-18 inches with the water being directed to the Too Bee property. The result of the ditch and subsequent flooding sf the Too Bee property is that the soils in the area have become saturated te 'the point where pondin~ is evident on sm~ll portions of tbs site and wetland grasses have begun to establish themselves. This is a condition which would not be present if the adjacent pend was not drained by the d~gging of the ditch. To establish a somewhat historical prospective of the situation, aerial photographs were reviewed in an effort to determine Jf the conditions found now were present in the past. A photograph, taken March 24, 1980 (enclosed) shows the area presently experiencing the pending condt~ --9 wetland characteristics as being utilized for storage and supply area supporting farming operations on the subject property as well as adjacent sites~ (This is further suppsrted by on site evidence of the remains of farm machinery left in this area) A small wet depression is noted to the south of the supply area within the farmed field. The supply area does not exhibit any of the characteristics of a wetland or of the ponding conditions which are in evidence today, In my opinion, the psnding conditions and apparent wetlands present on the subject property are the direct result of the draining of the adjacent pond to the north. The continued draining of the pond through the present ditch will no doubt result in the continuance of the present conditions on the Too Bee property. Should the ditch draining the pond be closed off, the supply of surface water drainage from the pond to the Too Bee property will be eliminated and the area presently exhibiting the ponding and apparent wetland conditions will revert ts previous conditions, namely they will dry out and will ns longer exhibit wetland characteristics. The process of drying out will be dependent on the weather conditions and amount of rainfall which may be expected. It is therefore nearly impossible to determine a timetable for the reversal of the present conditions. Should you have any questions regarding this matter, please do not hesitate to contact me. Sincerely KCC/ Kenneth C, Csenen President SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SCTM#: COMMENTS: Iown Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 19, 1990 David E. Kapell Kapell Real Estate, 400 Front Street P.O. Box 463 Greenport, NY 11944 Inc. RE: Too Bee Realty SCTM~ 1000-50-6-5 Dear Mr. Kapell: The following took place at the meeting of the Southold Town Planning Board on Thursday, January 18, 1990. The final public hearing, which was opened on November 20, 1989, was again kept open. The hearing will be kept open until the Planning Board receives the following: 1. Maps locating the wetlands. In addition, the Planning Board requests the following Covenants and Restrictions: There is 'to be no further subdivision of any of the lots in perpetuity. There shall be no access for Lots numbered 1 and 2 on Lighthouse Road, these lots are to have access on the proposed road only. Please submit a draft Declaration of Covenants and Restrictions. The draft will be reviewed by the Planning Board and the Town attorney. Satisfactory Covenants and Restrictions must be filed with the office of the County Clerk prior to endorsement of the subdivision by the Chairman. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. ~$ Chairman MS/hp BRANCH OFFICE 10 Flandcrs Road, Box 1771 Riverhead, New York 11901 (516) 369-0100 Post Office Box 463 Greenport, New York 11944 516-477-0100 L P[ANNINO BO,~RD December 10, 1989 Mr. Bennett Orlowski, Jr. Chairman, Southold Town Planning Board Main Road Southold, N.Y. 11971 Re: TooBee Realty Corp. SCTM #1000-50-6-5 Dear Mr. Chairman: In response to your letter dated November 27, 1989 and comments made at the public hearing on the captioned application held and recessed on November 20, 1989 I enclose copies of the following: 1. Letter dated November 16, 1989 from Paul Carella of the N.Y.S-D.E.C. 2. Letter dated November 22, 1989 from my clients, Hanauer & Bagley, in response to Mr. Carella's letter. By reading Mr. Carella's letter you will see that it is absolutely clear that the comments made by Mr. James Bitses at the aforementioned public hearing claiming that a lowered level of the pond located on property adjacent to the subject is envi- ronmentally desirable are absolutely unfounded and out of order. Both the N.Y.S-D.E.C and my Clients, Hanauer and Bagley, favor preservation of the original level of the pond as it existed prior to the tampering which occured, alledgedly at the direction cf Hr. Bitses. Consequently, the suggestion by Mr. Bitses that a drainage area be created on the TooBee property to handle water from the pond is irrelevant and blatantly self-serving. We anticipate that the resumption of the hearing scheduled for December 18, 1989 will take place as planned and that this project is ready and deserving of approval by your board as all requirements made of my clients have been met and considerable time has elapsed. Please insure that this submission, including enClosures, is made a part of the record of the public hearing. D~~~dy truly yours, as agent for TooBee Realty Corp. New York State Department of. Environmental Conservation Region t Headquartert SuNY, B .ulldlng 40, Stony Brook, NY 11794 (:516) 7511-7900 ~ovember 16, 1989 Thom~l P~ Jorllng Commlllloner Sue Hanauer Joan Bagley Sanford Hanauer Associates 130 Woodbury Rd.: ~oodbu~y~ NY 11797 Dear Ms. Hanauer and Ms. Bagley: A trench was excavated through a berm on the southern side of the pond located on Lighthouse Rd., Southold, in AugUst, 1989. Our records indicate that you ~re the owners of the property identified as Suffolk County tax map # 1000-50 6-4. The Town of Southold Police Department contacted you earlier thts year regarding the matter. The excavation towered the level of water in the pond approxtmetel~ two feet. If this condition is allowed to continue, it could result, lna serious negative impact to the pond community. Although the Oepartment is presently_ . p~rsuing enforcement.action in the matter, it may be some time before a settle ment is reached. ' In the interest of protecting the wetland, I would 11kc to obtain your permission to partly ftll tn the trench and restore the watee to tts~atural level as a temporary solutton to the problem. The work wtll tnvolve one person ustng a shovel. No machinery wtl] be involved nor wtll any vegetation be disturbed. * Thank you for your time. PC:kt Paul Carella Conservatfon Bfologtst II (Ecology) ....... 'F'~i~2 '89 ~.?~:~5 HORTH FORK I~qHK~i~EC MHGKiT November 22, 1989 Mr. Paul Carella Conservation BiolOgist II *~ .... New York state Department of Environmental Conservation Region 1 Meadquarters SUNY, Building 40 Stony Brook, New York 11794 Re~ SCTM #1000-50-6-4 Dear Mr. Carella= Thank you for your letter of November 16, 1989 concerning the unauthorized and unlawful excavation · c°nducted, on our property by third parties. We share your concern about the environmental problems which may be Uaussd, by the contxnuation of the decreased water level ~n the pond~il and reoogni~e that satisfactory resolution of a~ enforCe~ent~ action may take considerable time. In view of the manner in which the damage originally ocurred, we have reservations as to whether a simple partial repair by hand will he sufficient, we w~uld, therefore, · uggest a more ambitious and permanent rehabilitation in order to more fully protect the environment. We await your prompt response, confident that we will arrive at a mutually agreeable and beneficial ~emedy. Very trul¥-~$urs, I-estella Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 7, 1989 David Kapell 400 Front Street Greenport, New York 11944 RE: Proposed Subdivision for Too Bee Realty SCTM~ 1000-50-6-5 Dear Mr. Kapell: Enclosed please find the December 6, 1989 report from the Board of Trustees. The Planning Board requests that the wetlands be flagged in the field and designated on the map. All lots must be 80,000 square feet in area, excluding the wetland area. Building envelopes must be shown at least seventy-five (75) feet from the wetland area. Please notify this office when the wetland area has been flagged. The public hearing which was kept open on November 20, 1989, will be kept as such until proper maps locating the wetlands are submitted. Please contact this office if you have any questions regarding the above. /' ./ Very truly' yours.; /,/ ~/ /-/ -- ~.. ~. ,.~' ,/ Ld~' ~zi/' V~,~.,'~''':':-'~ Bennett Orlowski, gr. Chairman enc. FRANK A. KU]AWSKI, .IR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH December 6, 1989 TO: Planning Board RE: Too Bee Properties BOARD OF TO~N TRUSTEES TO~ OF SOUTHOLD Town Hall, 5]095 Main Road P.O. Box 7]8 Southold, New York I TELEPHONE (516) 765-1892 The Trustees, at your request, inspected the property of Too Bee Reality on December 5, 1989. Present at this inspection were the Trustees, Mark McDonald, and Senior Bay Constable, Don Dzenkowski. It was the determination of thC Board that fresh water wetlands were present and functioning with evidence of percolation to the water table. Further, it should be noted that several plant species were present for classification as fresh water wetlands. The Trustees would recommend the owner hire a qualified person to stake the wetland boundary for exclusion from the subdivision. Very truly yours, Frank A. Kujawski, JrJ. President, Board of Trustees FAK:jb CC: File 'Account Number ............. Invoice #.1.6.8.1.6. ....... Date. N.o.v.e.m.b.e.~ .2.0. .... 19. 893 TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. PAY TO: Payee Identificati~ ~ ,~,! Payee Name: or Social Security1 . . ",k!0~} '~ .~-. lcJ~(~...~ .............. ...................................... Payee Reference: Address: ....... 8.7,3.8.4. .......... .% 'r ....... ...................................... Phone No. ( .... ). ~;]'.--T.; ~ i ... ...................................... Vendor Contact Cash Discount .................. % ......... Days .................................... "Item Description of Material/Service Quantity Unit Amount No, Price Too Bee Realty, P.O. # 3541 t83.05 Total 183.05 Discount The undersigned (Claimant) (Acting on behalf of above named ~aig~a/nt) does h ~r~by certify that the foregoing claim is true and correct and that no part thereof has I~eeffpaid~e~ept stated is actually due and owing, j/'-- ~ Z~ I ~,/ .§S.tf1~7~.. /. in stated, and that the balance therein Dated..Npy.e.m.b.e?..29.,..~.9.89 ............. 19 .... Signature November SIDNEY B. BOWNE & SON 45 Manor Road Smithtown, New York 11787 (516) 724-0611 20, 1989 16816 Town of Southold 87384 TOO BEE REALTY COMPLETION OF FINAL AND PREPARATION OF BOND ESTIMATE P.O.# 3541 For the period of: 08/29/89 to 09/25/89 PLEASE REMIT TO: SIDNEY B. BOWNE & SON 45 Manor Road Smithtown, New York 11787 REVIEW $ 183.05 MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER 9/28/89 08:3&:$7 pAGE 90 S~ONEY Bo BO~NE & SON MANAGEqENT INFORMATZO~ SYSTEM JOB OETAIL REPORT FOR THE P~R~00 FROM AUG. 29t lg39 TO SEPT 2S, 1989 ~ ......................................... HRLY RATE ..... ~ ............................ TOTAL SALARY SALARY ****** POR THE WEEK ENDING SEPT 25, 1989: 000151 MARZCO~Ig~ V~FiCENT R 24.&072 0.0 0.0 0.0 3.0 0o0 0.0 ].0 73.22 SUE TOTAL $ TOTAL $ 73.22 MULTIPLIER SUB - TOTAL FEE $ 183.05 TOTAL FEE $ FRANK A. KUJAWSKI, JR., l~esident ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH December 6, 1989 TO: Planning Board RE: Too Bee Properties BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 PLANNING ~0A~D .... j The Trustees, at your request, inspected the property of Too Bee Reality on December 5, 1989. Present at this inspection were the Trustees, Mark McDonald, and Senior Bay Constable, Don Dzenkowski. It was the determination of th~ Board that fresh water wetlands were present and functioning with evidence of percolation to the water table. Further, it should be noted that several plant species were present for classification as fresh water wetlands. The Trustees would recommend the owner hire a qualified person to stake the wetland boundary for exclusion from the subdivision. Very truly yours, Frank A. Kujawski, President, Board of Trustees FAK:jb CC: File Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: John Holzaphel, Chairman Conservation Advisory Council Bennett Orlowski, Jr., Chairman Too Bee Realty Subdivision SCTM# 1000-50-6-5 November 28, 1989 With reference to the attached letters; the Planning Board requests input from the Conservation Advisory Council as to whether there are wetlands on Lot #4 of this subdivision, and if so, whether you wish to make recommendations to the Planning Board as to their protection. Staff has discussed the situation with Frank Kujawski, and it is at his recommendation that it has been referred to the C.A.C. Receipt of your comments by noon of December 18, 1989 would be appreciated. Thank you in advance for your assistance. enc Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 27, 1989 David Kapell 400 Front Street Greenport, NY 11944 RE: Too Bee Realty SCTM 91000-50-6-5 Dear Mr. Kapell: The following action was taken by the Southold Town Planning Board on Monday, November 20, 1989. The final public hearing was held on the above mentioned subdivision. At the hearing, comments were raised in reference to Lot 94. It was stated that the Southold Town Trustees were re-reviewing the site, especially in referenced to Lot 94. The Planning Board voted to keep the hearing open as they wished to review the concerns with the Trustees. The continuation of the hearing will be scheduled for the December 18, 1989, Planning Board meeting. Please contact this office if you have any questions regarding the above. Very truly yours,. , ' '> , ,~.,;.1/' , . Bennett Orlowski, Jr. Chairman cc: Trustees 3t Toxvn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 TO: FROM: RE: DATE: PLANNING BOARD OFFICE TOWN OFSOUTHOLD Frank A. Kujawski, President Bennett Orlowski Jr., Chairman Too bee Realty Subdivision SCTM #1000-50-6-5 NovenfDer 27, 1989 With reference to the attached letter; the Planning Board requests input from the Board of Trustees as to whether there are wetlands on Lot #4 of this subdivision, and if so, whether you wish to make recommendations to the Planning Board as to their protection. Receipt of your comments by noon of December 18, 1989 would be appreciated. enc. VS/jt Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 11/15/89 David Kapell 400 Front Street Greenport, NY 11944 Dear Mr. Kapell: RE: Too Bee Realty SCTM #1000-50-6-5 Enclosed please find a resolution from the Town Board approving the amount of $47,910.00 for a bond for roads and improvements for the above mentioned subdivision. Please note that the cost of the fire well was added to the bond estimate. Upon receipt of a letter of credit or its equivlent, the Planning Board will continue the their review process. If you have any questions, please do not hesitate to contact this office. CHAIRMAN enc. jt 0g'!- JUDI'rB~2TERRY lOWlq CLERK REGISTRAR OF ¥1IA[ $1ATIST[C$ OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1 179 Southold, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON OCTOBER 2~i, 1989: RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $47,910.00 for a bond for roads and improvements in the major subdivision of Too-Bee Realty, located at Southold, all in accordance with the recommendation of the Southold Town Planning Board and Sidney B. Bowne & Son, Consultin9 Engineers. Southold Town Clerk October 27, 1989 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK') cf Mattituck, in s~ld County, being dutY sworn, says that ~,~/sha is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Soutbold, County of Suffolk and State of New York, and that fha Notice of which the annexed is a printed copy, has been regularly published In said Newspaper once each week for 1 weeks successlvety, commencing on the _ 1_9%~__ day of Oc%ober_ _ --/ . , Notice cf Publk Heasrlng NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Tovm Law. a public hearing wRl be bel~d by the Se~thdd Town Planning Board, at the Town flail, Main Ro~l, Southold, New York in said Town on the 16th day of October, 1989 on the question of the follow- 7:30 p.m, Final approval of the major subdivision of DBM Afford- able Homing, located at the Town of Somhold, Comty of Suffolk and the Sine of New York. Suffolk Coanty Tax Map Nmnber 1000-55-6-15.1. The property is bordered on the north by land now or formerly of Donald Tuthill, by land now or for- mcrly of Yennecott Park; on the east by land now or formerly of Richard & Laureen Wheeler, by land now or formerly of Francis & Patricin O'Mallcy, by land now or fprmedy of Edwin Mooney; on the south by land now or formerly of Peter Meyer, Jr., by land now or formerly of Carl & Anthony Codan & another, by land now or formerly of Walter & Susan Stypc, by land now or formerly of Rishad & Indith Owadally; on the we~t by land now or formerly of Margaret Kmkows- ki, by land now or formerly of W'dli~n Moffe~, Ir., by innd now or formerly of John & Henry Sim- chick, by land now or formerly of Robe~ TapEd, by hud now or for- merly of Chester Finne, by land now or formerly of Robert Gold- smith, by land now or formerly of ~ Wheelec .7:45 p.m. Final approval of the minor subdivision of Too Bee Real- ty, Icc. ami at the Town cf Suuthold, County of ~ffolk ~nd the State of Hew York, Suffolk Coumy T~x Map Number 1000-50-6.5. The property is bordered on the noah by Lighthouse Road; on the e. mt by la~l now or formerly of A, McGunnigle; on the south by innd now or formerly cfA. Sepcn~skl; o:, the wc~ by ]and now or formerly of lt~muet & Ba~ley. ~:$0 p,m. Final approval of the major subdivision of Thornton Smith, located at the Town of Somliold, C~unty of Suffolk md the Sine of New Yo~ Suffolk Counv/ Tax Map Number 1000-121-1- lp/olg, The property is bordered on the north by land now or formerly of It. Checlda & Schuim~n, by land now or formerly of Minas & Vassiliki Minaltscs, by land now or formerly cf C~therlne Simiclch, by land now or formerly of James & Florence Gebbin; on the east by land now cf formerly of Franklin G. & Arline Bocclonan, by land now or formerly of $oseph & Lee Pufahl, by land now or formerly of Louis & Mau- teen Buonaguro; on the south by Sound Avenue; on the west by Bergen Avenue. ?~55 p.m, Final approval of the major subdivision of Highpoint at cared at the Town of Southold, County of Suffolk' and the S~e of October 19, 1989 · The Suffolk 'l~s A33 New York. Suffolk County Tax Mnp Number 1000-31-3-11.25. Thc property is bordered on the no~i~ by land now or formerly uf the subdivision of Highpoint at East Marion, Section I~; on thc east by land now or formerly of Smven & Despina Moraitis; on thc south by M~in Road (Rt. 25), by land now or formerly of East Marion Fire Dis- trict~ on the west by lind now or for- mealy of George & G~atrnkis Ko~- solakis. 8:00 p.m. Final approval cf the minor subdivision cf Alan Cardinale at Jame~ Creek, located at the Town of Sontho~d. Ccunty of Suffolk and the State of New York. Suffolk County Tax Map Number 1000-122- 3-1.1. The property is bordered on the north by land now or formerly of James C. Gray, Sr. & Peter S. Gray. by land now or formerly of Devaakn Realty Co. Mc.; on the cast by land now or fonnesly cf Louise S. Ehlcrs & Looi~e Staccy & Other, by Arm of James Creek; on the south by Canal Known ns James Cre~k, on the w~st by land now o~ formerly of John W. Boutchcr & Alice pantalno. by land now or formerly of Alfl~d Steiner & Christina E. Steiner, by land now or formerly of Frank Milowski, by land now or formerly of Zozislaw Mikolojczyk & Stef~nin Mikolojczk, by l~d now or former- ly of Roy A. Scimlin, by land now.or formedy of Paul Lucas, by land now or formerly cf Paul & Iiclcn Lucas, by land now or formerly of Leonard f. Llcweliyn & Marjory E. Llew¢llyn, by Main Road (Re 25). 8:05 p.m. Public hearing on the Draft Environmental Impact Slate- Copies of lbo Envir~suncntal Impact S'.at~nent are on file at the cffice of north by Mill Road; on thc east by C,~md Avenue, by land now or for- now or formerly of Hen~ L Paulkk, Smith G. Pcars~ll; on the west by COUNTY OF SUFFOLK SS; STATE OF NEW YORK Patri¢ia 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 the ...................... Sworn to before me this ~'~ day of Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 (~uatified in Suffolk County, / LEGAL NOTICE Notice of Public He~rlng NOTICE IS HEREBY GIVEN that pursuant ~a Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at thc Town Hall, Main Road, Southold, New York in said Town on the 20th day of November, 1989 on the question of the following: 7:30 p.m. Final approval of the major subdivision of DBM Affordable Housing, located at thc Town of Southold, County of Suffolk and the State of New York. Suffolk County Tax Map Number 1000-55-6-15.1. The property is bordered on the north by land now or formerly of Donald Tuthii, by land now or formerly of Yenne- cott Park; on the east by land now or formerly of Richard & Laureen Wheeler, by land now or formerly of Francis & Patricia O'Malley, by land now or formerly of Edwin Mooney; on the south by land now or formerly of Peter Meyer, Jr., by land now or formerly of Carl & Anthony Codan& another, by land now or formerly of Walter & Susan Stype, by land now or formerly of Rishad & Judith Owadally; on the west by land now or formerly of Margaret Krukowski, by land now or formerly of William Moffet, Jr., by land now or formerly of John & Henry Smicik, by land now or formerly of Robert Tap- lin, by land now or formerly of Chester Finne, by land now or formerly of Robert Goldsmith, by land now or formerly c4 Mary Wheeler. 7:45 p.m. Final approval of the minor subdivision of Too Bee Realty, located at the Town of Southold, County of Suffolk and the State of New York. Suf- folk County 'Pax Map Number 1000-50-6-5. The Property is bordered on the north by Lighthouse Road; on the east by land now or formerly of A. McGunnigle; on ,the South by land now or formerly of A. Sepenoski; on the west by land now or former- ly of Hanauer & Bagley. 7:50 p.m. Final approval of the major subdivision of Thorn- ton Smith, located at the Town of Southold, County of Suffolk and the State of New York. Suf- folk County Tax Map Number 1000-121-1-1p/o19. The Property is bordered on the north by land now or formerly of H. Checkla & Schl- man, by land now or formerly of Minas & Vassiliki Mihaltses, by land now or formerly of Catherine Simicich, by land now or formerly of James & Florence Gebbia; on the east by land now or formerly of Franklin G. & Arline Boeckman, by land now or formerly of Joseph & Lee Pufahl, by land now or former- ly of Louis & Moureen Buona- guro; on the South by Sound Avenue; on the west by Bergen Avenue. 7:55 p.m. Final approval of the major subdivision of High- point at East Marion, Section Three, Inc, located at the Town of Southold, County of Suffolk and the State of New York. Suf- folk County 'Pax Map Number 1000-31-3-11.25. The property is bordered on the north by land now or formerly of the subdivision of Highpoint at East Marion, Sec- tion I1; on the east by land now or formerly of Steven & Despina Moraitis; on the south by Main Road (Rt 25), by land now or formerly of East Marion Fire District; on the west by land now or formerly of George & Geatrakis Kortsolakis. 8:00 p.m. Final approval of the minor subdivision of Alan Cardinale at James Creek, located at the Town of Southold, County of Suffolk and the State of New York. Suf- folk County Tax Map Number 1000-122-3-1.1. The property is bordered on the north by land now or formerly of James C. Gray, Sr. & Peter S. Gray, by land now ur formerly of Devaaka Realty Co. In~; on the east by land now or formerly of. Louise S. Ehlers & Louise Stacey & Other, by Arm of James Creek; on the south by Canal Known as James Creek, on the west by land now or formerly of John W. Boutcher & Alice Panteleo, by land now or formerly of Alfred Steiner & Christina E. Steiner, by land now or formerly of Frank Milowski, by land now or formerly of Zozislaw Mikoloj- czyk & Stefanie Mikolojczyk, by land now or formerly of Roy A. Schelin, by land now or former- ly of Paul Lucas, by land now or formerly of Paul & Helen Lucas, by land now or formerly of Leonard J. Llewellyn & Mar- jory E. Llewellyn, by Main Road (RT 25). 8:05 p.m. P~blic hearing on the Draft Environmental Impact Statement with respect to the Hamlet at Cutchogue, located at the Town of Southold, County of Suffolk and the State of New York. Suffolk County ~x Map Number 1000-102-1-33.3. SEQR lead agency is the Southold Town Planning Board. Copies of the Environmental Impact Statement are on file at the office of the Planning Board, Town Hall, Main Road, Southold, and may be reviewed during regular business hours. 8:10 p.m. Final approval of the minor subdivision of James Cohill, located at the Town of Southold, County of Suffolk and the State of New York. Suf- folk County Tax Map Number 1000-107-1-2. The property is bordered on the north by Mill Road; on the east by Grand Avenue; on the south by Grand Avenue, by land now or formerly of Eugene O. Graf, by land now or formerly of Henry J. Paulak, Jr., by land now or formerly of Smith G. Pearsall; on the west by land now or formerly of Elizabeth V. Fox. Any person desiring to be heard on the above matters should appear at the time and place specified. Dated: October 17, 1989 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD BENNETT ORLOWSKI, JR. CHAIRMAN ix, ff~/26/89 (6) Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE ($16) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 18, 1989 Judith Terry Town Clerk Southold, NY 11971 RE: Too Bee Realty SCTM 91000-50-6-5 Dear Mrs. Terry: The following action was taken by the Southold Town Planning Board on Monday, October 16, 1989. RESOLVED that the Southold Town Planning Board adopt the bond estimate dated September 26, 1989 and recommend to the Town Board that they accept this bond in the amount of $47,910.00. If you have any questions, please do not hesitate to contact this office. B~E~ ORLOWSKI , ~. enc. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 18, 1989 David Kapell P.O. Box 463 Greenport, NY 11944 RE: Too Bee Realty SCTM #1000-50-6-5 Dear Mr. Kapell: The following actions were taken by the Southold Town Planning Board on Monday, October 16, 1989. RESOLVED that the Southold Town Planning Board set Monday, November 20, 1989 at 7:45 p.m. for a public hearing on the final map. RESOLVED that the Southold Town Planning Board adopt the bond estimate dated September 26, 1989 and recommend to the Town Board that they accept this bond in the amount of $47,910.00. If you have any questions, please do not hesitate to contact this office. ~ry trulT~//., ~ /,~ /~ CHAiRMANORLOWSKI, JR. ~ jt Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 10/16/89 David Kapell P.O. Box 463 Oreenport, NY 11944 RE: Firewell location for Too Bee Realty SCTM #1000-50-6-5 Dear Mr. Kapell: Enclosed please find a copy of the map indicating the fire well location as requested by the Southold Board of Fire Commissioners. Please include this on your final mylar map. If you have any questions, please do not hesitate to contact this office. Very truly yours, ..t, ci~TRlqAN- - enc. jt SOUTHOLD FIRE DISTRICT P.O. BOX 908, SOUTHOLD, N.Y. 11971 OCT I 6 19,99 Sn.tltold Town Planning Board P.O. Box 1179 $onthold, NY 11971 Attention: Hr. Bennett Orlowskt, Jr. ~e: Wen ~.ocat~o.s for: ~o ~_ Dear Mr. Orlowski: ! nm retnrnlng tile above subdivt~toa maps Indicating the Southold Fire Commissioners' snggested location for the fire well you have requested on the above project. I have also enclosed copies of a new fire well specification recently adopted by Soutbold Fire District. All new wells ~nstalled will have to eqnnl or be better than these specifications. The Fire District will not mccept wells not meeting these standards. If you will include a copy of tbeme mpeciflcations in your correspondence to the developers, they will be ~wgre of the requirements, and probJems can be avoided. If ye. have any quemtions in regard to this matter, you may contact me at 548-7044 days and 765-3572 evenings. Frederick R. Weber, Secretary SOUTIIOLD FIRE DISTR1CT FRW: rh SOUTHOLD FIRE DISTRICT Main Road, P.O. Box 908 Southold, N.Y. 11971 SPECIFICATION FOR FIRE WELL 2o The design of the fire wells within the Southold Fire District shall be ap- proved by the Board of Fire Commissioners of the Southold Fire District, and will conform to the following minimum standards: A. Casing shall be (8) eight inches in diameter. B. Screen shall be stainless steel and shall have an open slot length of not less than (20) twenty feet. C. Flow rate shall be a minimum of 350 gallons per minute for a period of (2) two hours. Where ground wat. e[is more than (15) fifteen feet from road level at the well site, the well will conform to the following minimum standards. A. Casing shall be (10) ten inches in diameter. B. Screen shall be stainless steel and shall have an open slot length of not less than (20) twenty feet. C. A 10 (ten) horsepower 3 phase submersible pump or larger shall be in- stalled in order to maintain 350 G.P.M. at 10 PSI at the tope of the well. Pump shall be of the submersible turbine type, equipped with grease-packed bearings in bowl assemblies. The bowls shall be of a smooth finish design to guide the water from one state to the next with a minimum of turbulence. D. Top of the well is to be finished off with a 4~ "well seal, and "solid brass ferrule and cap. The hose threads and hy- drant wrench nut shall conform to the standards of the Southold Fire District. 3. Power Requirements: A. Ail electrical work will conform to and be approved by LILCO, New York Board of Fire Underwriters and the Town of Southold where ap- plicable. B. Installation shall be underground from LILCO distribution facilities. C. Power requirements will be 3 phase 240 volt delta with a minimum service switch of 150 Ampere. D. An enclosure shall be constructed around the electrical equipment which will be weather-tight and capable of being locked. E. Additional electrical equipment to be installed will be: a circuit breaker panel, 115 volt duplex receptacle, switch and inside light, on and off switch for pump, magnetic starter switch of 60 amp rating, double pole double throw 3 phase main disconnect, 3 phase plug to fit Fire Department generator. --2-- 4. When 3 phase electric service is not available, the following will be in- stalled, in addition to Section #3: A. Power requirements will be 1 phase 240 volt delta with a minimum service switch of 150 Ampere. B. Install roto-phase motor sized to operate pump. C. ~ Roto-phase motor will be installed on a cement foundation. D. Roto-phase motor must be enclosed. The Board of Fire Commissioners of the Southold Fire District will not accept any installation not in the best interest of the Fire District. Any questions should be directed to the Chairman of the Southold Fire District. September 26, 1989 ITEM 1. 2. 3. 4. 5. o 10. 11. 12. 13. 14. 15. BOND ESTIMATE FOR TOO-BEE REALTY SUBDIVISION AT SOUTHOLD, TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK DESCRIPTION Unclassified Excavation Fine Grading Saw Cut Furnish and Install 12" 0 RCP Furnish and Install 8' O.D. Leaching Basins 40 v.f. Dense Graded Aggregate Base Course - 4" Thick 90 c.y. Bituminous Pavement Binder Course - 2-1/2" Thick 115 Tons Bituminous Pavement Wearing Course - 1-1/2" Thick 70 Tons Topsoil & Seeding 450 s.y. Street Lights lea. Direct Burial Cable 300 1.f. Street Trees 15 ea. Street Signs 2 ea. Concrete Monuments 5 ea. Maintenance & Protection of Traffic Job Firewell 1 UNIT qUANTITY PRICE AMOUNT 190 c.y. 6.00 $ 1,140.00 1,020 s.y. 1.50 1,530.00 50 1.f. 3.00 150.00 32 1.f. 20.00' 640.00 250.00 10,000.00 40.00 3,600~00 60.00 6,900~00 60.00 4,200.00 5.00 2;250.00 1,000.00 1 ,000.00 2.00 600.00 200.00 3,000.00 250.00 500.00 80.00 400.00 L.S. 2.000.00 10 , 000. 10,000.~0 ~btotal : ~,9~.~ 6% INSPECTION FEE = 2~874.60 TOTAL =5~0,784-6'Q SBB NO. 87384 V.M. D/123 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Frederick R. Weber, Secretary $outho!d Fire ComMissioner Southo!d Fire Department Hain Road £outhold, New York 11971 Dear Mr. Weber: Enclosed ~lease find the survey for Please notify ~ .... s office as to whether any firewe!ls are needed. Please specify whether shallow wells or electric wells will be needed. Please reply by ~)~!. [~/ , 1989. Thank you for your cooperation. ery ~. u. yours% ,,-'",, .- ~ BFENNETT ORLOW£K_~ , JR. CHAIRMAN enc. dney B ~owne, P.E., L.S. (1922-1959) Chester C. Kelsey, P.E., L.S. Robert A. Stanton, P.E. Robert W. Brown, L.S. Zabdiel A. Blackmen, P.E., L.S. Frank J. Antetomaso, P.E. George A Style, P,E. Jerry D, Alrnont, PE George L Fagan, Jr,, Ph, D., P.E Frank Capobianco, CE. Paul F Stevens, PE Roger L Cocchi, PE. Thomas R. Pynchon, LS SIDNEY B. BOWNE & SON 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 SEP Z 9 September 26, 1989 Roland Anders Francis J. Lynch Phil~ip Schlotzhauer Joseph F, Stegman William T. Styne Richard lB. Weber Mr. Bennett Orlowski, Chairman Planning Board Town of Southold 53095 Main Road Southold, N.Y. 11971 Re: Too Bee Realty Subdivision at Southold S.C.T.M.: 1000-50-6-5 SBB No. 87384 Dear Sir: Enclosed please find the Bond Estimate for the above referenced project. Also enclosed is a copy of the road profile, highlighted to show the pavement section required under current Town standards. If you have any questions regarding the above, please contact this office. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VINCENT MARICONDA t. VM:rp MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER DNEY B. BOWNE & SON September 26, 1989 ITEM 1. 2. 3. 4. 5. o 10. 11. 12. 13. 14. 15. BOND ESTIMATE FOR TOO-BEE REALTY SUBDIVISION AT SOLFrHOLD, TOWN OF SOlYTHOLD SUFFOLK COUNTY, NEW YORK DESCRIPTION Unclassified Excavation Fine Grading Saw Cut Furnish and Install !2" 0 RCP Furnish and Install 8' O.D. Leaching Basins 40 v.f. Dense Graded Aggregate Base Course - 4" Thick 90 c.y. Bituminous Pavement Binder Course - 2-1/2" Thick 115 Tons Bituminous Pavement Wearing Course - 1-1/2" Thick 70 Tons Topsoil & Seeding 450 s.y. Street Lights 3 ea. Direct Burial Cable 300 1.f. Street Trees 15 ea. Street Signs 2 ea. Concrete Monuments 5 ea. Maintenance & Protection of Traffic Job UNIT qUANTITY PRICE AMOUNT 190 c.y. 6.00 $ 1,140.00 1,020 s.y. 1.50 1,530.00 50 1.f. 3.00 150.00 32 1.f. 20.00' 640.00 250.00 10,000.00 40.00 3,600°00 60.00 6,900~00 60.00 4,200.00 5.00 2,250.00 1,000.00 3,000.00 2.00 600.00 200.00 3,000,00 250.00 500.00 8O.O0 4O0.OO L.S. 2,000.00 TOTAL = $42,304.60 SBB NO. 87384 V.M. D/123 Sheet 1 of 1 ~' .O.Box 1179 Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Robert W. Brown Sidney B. Bowne & Son 45 Manor Road Smithtown, New York 11787 September /~ , 1989 Dear Mr. Brown The Southold Town Planning Board hereby refers the following application to your office for review. Application Name: Wc~&% ~-~&~r~ ~o~w. Tax Map No.: I~cx~- ~-~-~ Bowne File No.: Hamlet Location: i~e of Application: Sketch Subdivision Map (Dated / Preliminary Subdivision Map (Dated / Final Subdivision Map (Dated / Road Profiles (Dated 89) 89) 89) 89) Grading and Drainage Plans (Dated / 89) Other {Dated / 89) Sketch Site Plan Dated / 89) Dated / 89) Preliminary Site Plan Grading and Drainage Plans Other Dated / Dated 89) 89) Please develop an estimate of what it will cost to undertake the following review of the enclosed plan (s): Enter the cost estimate on the enclosed reply sheet, then send its facsimile to this office. ' If the Planning Board wishes you to proceed with the review, it will send a facsimile of a purchase order authorizing the work to be done. The actual purchase order will be sent through the mail. If there are any questions, please contact Planning Staff. Very Tr.uly,~O~r~ /~ /~ Bennett Orlowski, Jr. Chairman cc: John Cushman, Accounting Department ! BRANCH OFFICES 21 North Ferry Road, Box 1009 Shelter Island, New York 11964 (516) 749-0100 10 Fhnders Road, Box 1771 Riverhead, New York 11901 (516) 369-0100 KAPELL REAL ESTATE, INC. 400 Front Street Greenport, New York 11944 516-477-0100 Mr. Bennett Orlowski, Jr. Chairman, Southold Town Planning Board Main Road Southold, N.Y. 11971 Re: TooBee Realty, Ltd. SCTM #1000-50-6-5 Dear Mr. Chairman: I submit, herewith, six copies requested in your letter dated August 16, 1989. August 23, 1989 of road profiles revised as Please forward these to the town engineer at convenience. your earliest .y_~ruly yours, /David E. Kapell [ as agent Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 IELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 16, 1989 David Kapell P.O. Box 463 Greenport, NY 11944 RE: Too Bee Realty SCTM ~1000-50-6-5 Dear Mr. Kapell: The following action was taken by the Southold Town Planning Board on Monday, August 14, 1989. RESOLVED that the Southold Town Planning Board accept and request compliance with the Engineer report dated August 4, 1989. If you have any questions, please do not hesitate to contact this office. ~./ry. Ve truly yours, _ _ BENNETT ORLOWSKI, JR. ~' CHAIRMAN enc. Sidney B, Bowne, P.E., ES. (1922-1959) Chester C. Kelsey, P.E., L.S. Robert A. Stanton, P.E. Robert W. Brown, L.S. Frank J. Antetornaso, George A Style, P.E. Jerry D Almont, P.E. George L Fagan, Jr., Ph.D., P.E, Frank Capobianco, C.E. Paul F. Stevens, P.E. Roger L. Cocchi, P.E. Thomas R Pynchon, LS. SIDNEY B. BOWNE & SON 45 Manor Road Smithtown, N.Y, 11787 (516) 724-0611 - 8 J989 Roland Anders Francis J. Lynch Phillip Schlotzhauer Joseph F. Stegman Richard B Weber August 4, 1989 Mr. Bennett Orlowski, Chairman Planning Board Town of Southold 53095 Main Road Southold, N.Y. 11971 Re: Too Bee Realty Corp. Subdivision at Southold (S.C.T.M.: 1000-50-6-5) (SBB No. 87384) Dear Mr. Orlowski: We have reviewed the most recent submission for the above referenced project and we have the following comments: The proposed drainage is inadequate for a 2 inch storm. The proposed 20 ft. road should be paved according to the alternate specifications with a 5 ft. side slope in place of a swale. Upon receipt of a plan revised accordingly, we can complete our review and prepare a Bond Estimate. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VINCENT MARICONDA ~ VM:rp MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-'1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Robert Brown Sidney Bowne & Son 45 Manor Road Smithtown, NY 11787 Dear Mr. Brown: Pursuant to your agreement with She.. Town of Southold, the Southold Town Planning Board hereby refers the fo/lowing: Application of (¥mjor subdivision, minor subdivision, site plan) Hamlet ~bkTERIAL SUBMITTED: File f/ ~7~89 Suffolk County Tax Map No. ;omo-~o.g~~ Sketch plan Preliminary map Street Profiles~.-~. ~..~ Grading Plan ~ Preliminary site plan Final b~p Other Very truly yours,__ BENNETT ORi~OWSKI, JR. ,CItAIR/~N SOUTHOLD TOWN PLANNING BRANCH OFFICES 21 Norlh Ferry Road, Box 1009 Shelter Island, New York 11964 (516) 749-0100 10 Flanders Road, Box 1771 Riverhead, New York 11901 (516) 369-0100 Mr. Bennnett Chairman, Main Road Southold, Orlowski, KAPELL REAL ESTATE, INC. 400 Front Street Post Office Box 463 Greenport, New York 11944 516-477-0100 Southold SOUIHOLD TOWN PLANNING BOA_RD Town Panning Board N.Y. 11971 June 20, 1989 Re: TooBee Realty Corp. SCTM #1000--50-6-5 Dear Mr. Chairman: As requested, I submit herewith six copies of the road profile plan for the subject subdivision ammended to show propo- sed drainage. Please advise if there is anything further required from us prior to a public hearing on the project. Very truly yours, a~vid E. Kapell as agent Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 8, 1989 David Kapell P.O. Box 463 Greenport, New York 11944 RE: Proposed Subdivision for Too Bee Realty Corp. SCTM91000-50-6-4 Dear Mr. Kapell: Enclosed please find the report from the office of Sidney B. Bowne & Son dated May 26, 1989. The Planning Board has waived the fifty (50) foot right-of-way, and is requiring that a twenty-five (25) foot right-of-way be provided. Please comply with the remainder of the report, specifically, the request for a plan addressing the drainage. Upon receipt of six revised plans, the Planning Board will forward a copy to the engineering office for review. CHAIRMAN enc. ms ~y B Bowne, P.E., L.S. (1922-1959) ster C Kelsey, P.E., LS ~ert A. Stanton, PE ,bert W Brown, L.S. rank J. Antetomaso, P,E GeorgeA Style, PE Jerry D. Almont, P.E. George L. Fagan, Jr, Ph. D.,P.E Frank Capobianco, C E Paul F. Stevens, PE Roger L Cocchi, P.E Thomas R. Pynchon, LS. SIDNEY B. BOWNE & SON 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 May 26, 1989 Roland Anders Francis J Lynch Phillip Schlotzhauer Joseph F Stegman William T Styne Richard B Weber Mr. Bennett Orlowski, Chairman Planning Board Town of Southold 53095 Main Road Southold, N.Y. 11971 Re: Too Bee Realty Corp. - Major (Alternate) Subdivision at Southold Town of Southold, N.Y.S.C.T.M. No. 1000-50-6-5 (SBB No. 87384) Dear Mr. Orlowski: We have reviewed the plan (received at Planning 4-19-89) for the above referenced subdivision. Our request of November 28, 1988 for a plan showing a 50 ft. right-of-way and proposed drainage has not been addressed. Upon receipt of a plan with the above information, we can complete our review and prepare a Bond Estimate. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VM:rp MINEOLA · SMITHTOWN · NEW YORK CITY · CLEARWATER An Equal Opportunity Employer M/F/H Toxvn Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1935 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 05/24/'89 Ray Jacobs Superintendent of Highways Peconic Lane Southold, NY 11971 Dear Mr. Jacobs: RE: Too Bee Realty $CTM 91000-50-6-5 Enclosed please find a map for the above mentioned subdivision for your review. Also please find a copy of of the request that was sent to Sidney B. Bowne and Son for your information. We would appreciate you comments on this matter as soon as possible. Thank You. enc. · . Very/~uly yours CHAIRMAN Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE PLANNING BOARD OFFICE TOWN OF $OUTHOLD Robert Brown Sidney Bowne & Soil 45 Manor Road Smithtown, NY 11787 Dear Hr. Brown: Pursuant to your agreemen~ with the Town of Southold, the Sou~hold Town Planning Board hereby refers the following: Application of (Major subdivision, subdivision, site plan) Hamlet P~TER~AL SUBMITTED: Suffolk County Tax Map No..fiOoO ~ Xo -- ~ -~ Sketch plan Preliminary map_ Street Profiles Grading Plan Preliminary s~te.g~an Final ¥~p b-'"' Other BENNETT ORLOWSKI, JR. ,CHAIR>biN ~'~ ' SOUTHOLD TOWN PLANNING B01~=RD ~' BRANCH OFFICES 21 North Fer~'y Road, Box 1009 Shelter Island, New York 11964 (516) 749-0100 10 Flanders Road, Box 1771 Riverhead, New York 11901 (516) 369-0100 KAPELL REAL ESTATE, INC. 400 Front Street Post Office Box 463 Greenport, New York 11944 §16-477-0100 ~ANN~NG BOARD April 19, 1989 Mr. Bennett Orlowski, Jr. Chairman, Southold Town Planning Main Road Southold, N.Y. 11971 Board RE: TooBee Realty Corp. SCTM #1000-50-6-5 Dear Mr. Chairman: In connection with the above referenced project I submit, here- with, tow mylar and four paper copies of the the final map all of which bear the approval of the Suufolk County Dept. of Health Services. I believe that this final have been asked to make and is you Board. map reflects all changes which we therefore ready for approval of Thanks for your help. Sincerely, as agent Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (SI6) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 24, 1989 David E. Kapell Kapell Real Estate,Inc. P.O. Box 483 Greenport, NY 11944 RE: Too Bee Realty $CTM 91000-50-6-5 Dear Mr. Kapell: The following action was taken by the Southold Town Planning Board on Monday, January 23, 1989. RESOLVED that the Southold Town Planning Board grant a six (6) month extension on sketch approval from January 25, 1989 to July 25, 1989. Please note that final maps must be in accordance with the Suffolk County Clerk's requirements (list enclosed). Final maps must also include valid Health Department approval on two (2) mylar's and four (4) paper prints. If you have any questions, please do not hesitate to contact this office. ~.Very trul, y youths, BENNETT OtLLOWSKI , JR. CHAIRMAN jt BRANCH OFFICES 21 North Ferry Road, Box 1009 Shelter Island, New York 11964 (516) 749-0100 10 Fhnders Road, Box 1771 Riverhead, New York 11901 (516) 369-0100 KAPELL REAL ESTATE, INC. 400 Front Street Post Office Box 463 Greenport, New York 11944 516-477-0100 Mr. Bennett Orlowski Chairman, Southold Town Planning Board Main Road Southold, N.Y. 11971 January 19, 1988 Re: Too Bee Realty Corp. SCTM #1000-50-6-5 Dear Mr. Chairman: The above referenced minor subdivision application was given sketch map approval by your board on July 25, 1988. Since that date we have been in the process of obtaining approval from the Suffolk County Dept. of Health Services which we expect in the next few weeks. This letter will serve as our request for a six month ex- tension of the sketch map approval to allow us to finalize our application to SCDHS. Thankyou for your assistance. Very truly yours, Da~saV~iagdenE~ Kape Sidney B Bowne, P.E., L.S. (1922-1959) Chester C Kelsey, P.E., L.S. Alexandre W. Mercil, P.E, Robert A. Stanton, P.E Robert W. Brown, ES Zabdiel A Blackman, P.E., L.S George A Style, PE. Jer~ [3 Almont, P E George L Fagan, Jr, PhD, PE Frank Capobianco, CE Thomas R Pynchon, LS SIDNEY B. BOWNE & SON 45 Manor Road Smithtown, N.Y. 11787 (516) 724-0611 ,J SOUTHOI. D ' ~ PLA ~NI , November 28, 1988 Roland Anders Roger L Cocchi Francis J Lynch Philip Schlotzhauer Joseph F Stegman Paul F Stevens William T Styne Richard B Weber Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Road Southold, N.Y. 11971 Re: TooBee Realty Corp. Major Town of Southold, N.Y. - S.C.T.M. No. 1000-50-6-5 (Alternate) Subdivision at Southold, SBB No. 87384 Dear Mr. Orlowski: We have reviewed the plan for the above referenced subdivision and at this time we request that the developer submit a revised plan showing the required 50 ft. right-of-way and leaching basins for drainage. Upon receipt of the above information we will complete our review and prepare a Bond Estimate. If you have any questions, please contact this office. Very truly yours, SIDNEY B. BOWNE & SON CONSULTING ENGINEERS VI NCENT MAR ICONDA VM:rp MINEOLA · SMITHTOWN * NEW YORK CITY · CLEARWATER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765 -1938 PLAaNNING BOARD OFFICE TOWN OF SOUTHOLD Robert Brown Sidney Bowne & Son 45 Manor Road Smithtown, NY 11787 Dear Mr. Brown: Pursuant to your agreement with the Town of Southold, the Southold Town Planning Board hereby refers the following: Application of (Major subdivision, minor subdivision, site plan) ¥~TERIAL SUBMITTED: File # Sketch plan Preliminary map. Street Profiles Grading Plan Preliminary site plan Final Map Suffolk County Tax Map No. /tx:o- Other · Very truly yours, B ~NETT ORLOWSKI, JR.,CHAiikXt4N SOUTHOLD TOWN PLANNING BRANCH OFFICES 21 North Ferry Road, Box 1009 Shelter Island, New York 11964 (516) 749-0100 10 Flanders Road, Box 1771 Riverhead, New York 11901 (516) 369-0100 KAPELL REAL ESTATE, INC. 400 Front Street Post Office Box 463 Greenport, New York 11944 51~477-0100 October 19, 1988 Mr. Bennett Orlowski, Jr. Chairman, Southold Planning Board Main Road Soufhold, N.Y. 11971 Re: Minor subdivision of TooBee Realty Corp. Dear Mr. Chairman: In connection with the above referenced application I submit, herewith, six copies of proposed road and drainage details as per your request of July 27, 1988. We are in the process of preparing final maps for this project and will submit same when ready. Thankyou for your assistance. Very truly yours, as agent Hall, 53095 Main Road P.O. Box 1179 ~thold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 27, 1988 David Kapell P.O. Box 463 Greenport, NY 11944 RE: Too Bee Realty Corp. SCTM #1000-50-6-5 Dear Mr. Kapell: The following action was taken by the Southold Town Planning Board on Monday, July 25, 1988. RESOLVED that the Southold Town Planning Board grant sketch plan approval on this minor subdivision. This parcel is on 7.956 acres located at Southold. Please submit road profiles for the Board's review. 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. BENNETT ORLOWSKI , JR. CHAIRMAN jt Southold, N.Y. 11971 (516) 765-1938 July 14, 1988 David Kapell P.O. Box 463 Greenport, NY 11944 RE: Too Bee Realty Corp. SCTM ~1000-50-6-5 Dear Mr. Kapell: The Planning Board is in receipt of the revised maps for the above mentioned subdivision. Road profiles are needed before the Board can proceed with this application. Upon Submission of the above, the Board will proceed with their review. If you have any questions, please do not hesitate to contact this office. CHAIRMAN jt Southold, N.Y. 11971 (516) 765-1938 May 10, 1988 David E. Kapell P.O. Box 463 Greenport, NY 11944 RE: Too Bee Realty Corp. SCTM ~1000-50-6-5 Dear Mr. Kapell: The following action was taken by the Southold Town planning Board on Monday, May 9, 1988. RESOLVED that the Southold Town planning Board make a determination under the State Environmental Quality Act of nonsignificance. If you have any questions, please do not hesitate to contact this office. enc: Very truly yours, BENNETT ORLOWSKI · CHAIRMAN Southold, N.Y. 11971 (516) 765-1938 05/09/88 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 the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Too Bee Realty Corp., located at Lighthouse Road, Southold is for 4 lots on 7.956 acres. SCTM ~1000-50-6-5. 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 Suffolk County 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 NY State Department of Environmental Conservation in the allotted time, it is assumed that there are no comments or objections from that agency. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by con~acting Jill M. Thorp, Secretary Southold Town Planning Board, Main Road, Southold, NY 11971. Copies mailed to the following: Suffolk County Department of Health Services Suffolk county Planning Commission NYS Department of Environmental Conservation Supervisor Murphy Thomas C. Jorling, DEC Commissioner Judith Terry, Town Clerk Town Board Applicant ~D Southold, N.Y. 11971 (516) 765-1938 March 24, 1988 David E. Kapell P.O. Box 463 Greenport, NY 11944 RE: Too Bee Realty Corp. $CTM # 1000-50-6-5 Dear Mr. Kapell: The following action was taken by the Southold Town Planning Board on Monday, March 21, 1988. RESOLVED themself Lead Act. that the Southold Town Planning Board declare agent under the State Environmental Quality Review If you have any questions, please don't hesitate to contact our office. jt Very truly yours, CHAIRMAN ! T D SLay Southold, N.Y. 11971 (516) 765-1938 April 12, 1988 Dave Kapell 400 Front Street Greenport, NY 11944 Dear Mr. Raynor: RE: Proposed Minor Subdivisions of Deutsch on Lighthouse Road, Southold SCTM ~ 1000-54-3-p/o of Too-Bee Realty on Lighthouse Road, Southold SCTM # 1000-50-6-5 The Planning Board at its last work session determined that the layouts of each of the above named subdivisions shall be revised as shown on the enclosed maps. If you have any questions, please do not hesitate to contact our office. enc: jt Very truly yours, BENNETT ORLOWSKI,JR. CHAIRMAN COUNTY OF SUFFOLK PATriCK 6. HALPIN SUFFOLK COUNTY EXECUTIVE ti 1988 DEPARTMENT OF HEALTH SERVICES TO: Mr. Bennett 0rlowski, Jr.,Chairman Southold Town Planning Board 53095 Main Road Southold, New York 11971 DATE: DAVID HARRIS, M,D.. M.P.H. April 25, 1988 RE: Too Bee Realty Corporation S.C.T.M.: #1000-50-6-5 Dear Mr. Orlowski: We are in receipt of your above referenced project· letter dated March 22. 1988 concerning the This Department has no objection to your designation of lead agency status. Insufficient information is available for technical comments. There is no record of an application to this Department. [] A more accurate project location is needed. (Suffolk County Tax Map No.) This Department has received an application and it is: [] Complete ] Incomplete [] Other: It appears that the project can be served by: Sewage Disposal System Sewer System and Treatment Works Subsurface Sewage Disposal System(s) Other: WWM-067 COUNTY CENTER 18-I$09., 1/86 ,,VE,.E^O.N.¥.,,9O, (OVER) (516) 548-3312 (cont'd) Water Supply System [] A Public Water Supply System Individual Water Supply System(s) Other: Comments: The Health Department's primary environmental concern pertaining to development is that the applicant comply with the requirements of the Suffolk County Sanitary Code especially Articles V and VI, and relevant construction standards for water supply and sanitary sewage disposal. These considerations are to be reviewed completely at the time of application. Full considera- tion in placement of water supply wells and disposal systems is given to State and Town wetland requirements. The Health Depart- ment maintains jurisdiction over final location of disposal and well systems and the applicant should not undertake to construct any water supply or disposal system without Health Department approval. Other portions of the Suffolk County Sanitary Code also apply to commercial development such as Articles VII and XII. The Lead Agency is requested to forward a copy of this form to the applicant with its findings. There is no record of an application for the proposed subdivision on file with our department. Complete technical comment shall require an application b~ submitted to our department along with the information required to evaluate the suitability of the site for the proposed subdivision. The map submitted with the Short Environmental Assessment Form indicates a pond on the north side of the subdivision. The delineation of all water boundaries and wetlands are required on property surveys or site plans submitted to our Department as per the requirements accompanying this letter. Further comment may be provided upon completion of the application review. Name Robert J.~'Farmer Office of Ecology Phone 548-3063 18-1309-1/86 BUREAU OF WASTEWATER MANA{ MENT COUNTY CENTER RIVERHEAD, NEW YORK ~ ~90~ REQUIREMENTS FOR DELINEATION OF BOUNDARIES OF WETLANDS AND WATER. BODIES GENERAL Wetlands and water bodies must be represented accurately on property surveys and site plans submitted to the Department for review. Proposals with inaccurate information regarding wetlands and surface waters cannot be evaluated for yield, equivalenz de~. ~-~, or proper locaUions of sewage disposal systems or wa~er supuiv facili- ties. - - 2. FRESHWATER WETLANDS ................. -~=~ ..... d freshwater wetlands must be delineated and/or approved by New York State Departmenu of Environmental Conservation, Division of Fish and Wildlife. Contact: NYSDEC Division of Fish and Wildlife Bureau of Environmental Protection Bldq. 40 SUNY at Stony Brook Stony Brook, New York 7~794 For wetlands must be delineated (town, village). not regulated by New York State, the boundaries and/or approved by the local regulatory authority If the wetland is not regulated by the State or Town/Village, ~he boundaries must be delineated and/or aooroved by the Suffolk County Department of Health Se~zices Office o~ ~coloqy: Office of Ecology County Center Riverhead, New York 7~90~ The approved boundary MUST be marked survey of the property clearly on to meet DeparLment requiremenus. 3. TIDAL WETLANDS an official The boundaries of New York State-regulated tidal we__ands musu be delineated and/or approved by New York State Departmen~ of Environmental Conservation, Division of Marine Resources. Contact: NYSDEC Division of Marine Resources Bureau of Marine Habitat Protection Bldg. 40 SUNY at Stony Brook Stony Brook, New York ~]794 For wetlands must be delineated (town, village). not regulated by New York Sta~e, the boundaries and/or approved ~' the local regulatory authorLzv If the wetland is not regulated by the Sta~e or Town/Village, the boundaries must be delineated and/or approved by the Suffolk County Department of Health Services Office of Office of Ecology County Center Riverhead, New York The approved boundary MUST be marked clear!v on an official survey of the property to meet DeparLment requirements. 4. SURFACE WATERS =u~ ~u~u=rle- of surface waters where no wetlands are pre~=nU, the high water mark shall be determined and shown on an official survey and site plan of the property. The "high water mark" or "water mark" as shown on Suffolk County Reai~Property Tax Maps may be used to represent the boundaries of surface waters ~o meet this requirement. ~ BRANCH OFFICES 21 North Ferry Road, Box 1009 Shelter Island, New York 11964 (516) 749-0100 10 Flanders Road, Box 1771 Riverhead, New York 11901 (516) 369-0100 KAPELL REAL ESTATE, INC. 400 Front Street Post Office Box 463 Greenport, New York 11944 516-477-0100 Ms. Valerie Scopay Southold Town Planning Board Main Road Southold, N.Y. 11971 REF: Minor subdivision application of Too Bee Realty Corp. February 10, 1988 Dear Valerie: This letter is in response to the discussion which I had with you and Henry Raynor in your office concerning the above referenced subdivision. At that time you had requested on behalf of the Planning Board that the applicants provide a 25 foot improved right of way along applicants' sout- herly property line for access to property owned by others in the rear. My clients have discussed this question at length and have decided not to agree to such an arrangement. They feel that in light.of the fact that their proposed division requires no new road it is not reasonable to require them to provide and construct a road which is of no use to them. In addition, my clients feel that the road which we discussed would damage the value of the lot adjacent. At this time we request that the Planning Board advance our applica- tion to sketch plan approval so that we may proceed to obtain SCDHS ap- proval. Thankyou for your help in this matter. Very ~ruly you~.~, BRANCH OFFICES 21 North Ferry Road, Box 1009 Shelter Island, New York 11964 (516) 749-0100 10 Flanders Road, Box 1771 Rivcrhead, New York 11901 (516) 369q)100 KAPELL REAL ESTATE, INC. 400 Front Street Post Office Box 463 Greenport, New York 11944 516-477-0100 April 25, 1988 Mr. Bennett Orlowski, Jr. Chairman, Southold Town Planning Main Road Southold, N.Y. 11971 Board Re: TooBee Realty Corp. Minor subdivision Dear Mr. Chairman: I am in receipt of your letter, dated April 12, 1988, regarding revisions which the Planning Board has proposed to the subject sub- division. My clients have reviewed and considered the proposed changes and have concluded that the layout as proposed, which creates a linkage between our project and that of Mr. Deutsch, would have the effect of devaluing the TooBee property, and they therefore find it unacceptable. Accordingly, we respectfully request that you place the sketch map as originally submitted on the Planning Board agenda for action at its earliest convenience. Very truly yours, 'David E. Kapell as agent 8ou~hold, N.Y. 11~71 (516) 765-1938 03/22/88 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, NY 11794 Gentlemen: Enclosed please find a completed Short Environmental Assessment Form and a copy of the map of the subdivision of Too Bee Realty Corp. This project is unlisted and an initial determination of nonsignificance has been made. We wish to coordinate this action to confirm our initial determination. May we have your views on this matter. Written comments on this project will be received at this office until April 21, 1988. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act, and our agency will assume the status of lead agency. Very truly yours, BENNETT ORLOWSKI, JR. IRMAN enc. cc: Department of Health Services 65 ¢ ~tNAGE PLAf,,,I ~OAD Pr"SOFI LE P{?.E {::'AI~£D TOO DEE ~EALTV CORP. VAN TUYL., D~_., 1/---- ~ _:. _ \ , SCALE: [ :6OO MINOR SUBDIVISION PLaN FOR ~0~ HANAUER ~ ~OAN B~LEY AT SOUTHOLD ~ar[ DEC. ~% q 0 // ,\ YI~-LR ~lJDPlVI~ION °DlflB%d,H rOUE HANIAUER, UOAN ~bAGLBY & -FO0 bBB P..F_.Ab'FY COP-.P PLANNING BOARD [ MS,O 311,94_ 81,769 S.F, / MuN ~ 8~,492 5>5 LN}' FtI~E V/ELL N/F PF4E -CADT I6' L ':4 MAP PLA~NN TYPICAL I POOL GI,~ Ft NPO f?.l', ~45'° @1,21~' 5ANi) FILL I 16' Al 5L) FI.OLIC CL. TYPIC AJ.. WEL~. NO FI.tS I fl,'L -h'Jl;', /\1,:1 ,f'4 FJUILDIN(,, ZO~x,I. '~-C - B, A, 12ECLA[~ATI ON OF ~VENIA. N~ ~- E! [::~ I', ~ (. ~ iON5 TE~T HOLE LIC. EA.N~_~. SU~,VEYO~S_ 6I~E~I~N~Or~T. NM ~ i i ' 15'E~EMENT- ,LO / I~E,Y MAP ,,/ s.4¢ss'ld'w, N/F A,MCGUNN GLL ,X TYPICAL LAYOU I" MAP OF, FJINOIZ .¢UL¢I.¢tVI~IOINI iMAI.)E I-'~ I~, TOO BEt:. Y .... COIZP, A¸T TOX,~/f'4 Ok ¢¢0U Ii-tJLU, pwNcrZ_~_ AD m r_,z2~ S. cio &Af~FCJ~6L) HANAL)~i~. - FlEE WELL 5CALiz -lC)O, Af212A"-7, g5 6 Ac, E~- ~10NU MF. IN F FAOLI ;h 1¥5 FO.i~_~Ai=M LO 1'.3 01-4 ti ilo MAP v¢i FII ' -' ' l'ME 5UF'F"g L i,; CO, Pi r?\;3 i' hl[ i-4 F 0F ~q~ui H NOTE5 PP..E~ C^ST 5AND FILL 2.' i TYPICAl. I pOO:L 5YSTF. M 16' PLAN ELEVATION gCO ~L, '~EP f lC JANI¢ :t 0 'l lg93 BUILD N .....¢?DN A~C-AGI~./CONJS, Bgb~kl I-'ILEi~ INTH~= GUF'FQL~,/ COUNTY QF'I,¢CE IN k.l~i 14 PA~;,i]! C0MF'LF TE¢ dAN, ~-j'F9~B ,~NO T~-I~F LtC, LAND ~IJiT..VDYQI2.5 - Gf,~E'ENE'¢I'~T, NM Ami gl~6 80UTHOLD TOWN