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HomeMy WebLinkAbout1000-31.-2-22.1KEY MAP Scale' I" =600' L 0 T LINE CHANGE A T EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, N Y. 1000 - 31 - 02 - 22, I & 32.2 Scale: I"= 100' Mar. 3, 1997 OWNERS SUFFOLK COUNTY ICA TER AUTHORITY RABRO DRIVE E. HAUPPAUGE w N.Y. V.Y.$. LIC. NO. ~961~ WALTER & LINNELL D. GA/PA LAKEVIEW TERRACE EAST MARION, N.Y. 11939 ?.C. (516) 7'65 - 50~0 P.~O. BOX 909 IE'$O TRAVELER STREET SOUTHOLD, N. ¥. 1197/ AREA 1000'$1'02-$~,-¢' ~ LOT NUMBERS ARE REFF, RENCED TO SUBDIVISION OF PROPERTY SURVEYED FOR DONN,~ IGLE$1A$ IIIEXLER 16..16.7 ACRES - 0,$58 Acres PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 August 12, 1997 PLANNING BOARD OFFICE TOVv~q OF SOUTHOLD Gary Flanner OIsen, Esq. P.O. Box 706 Cutchogue, NY 11935 Re: Proposed lot line change for Walter Gaipa SCTIV~ 1000-31-2-22.1 & 32.2 Dear Mr. Olsen: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, August 11, 1997: BE IT RESOLVED, that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated March 3, 1997. Conditional final approval was granted on March 31, 1997. The condition of final approval has been fulfilled. Enclosed please find a copy of the map which was endorsed by the Chairman. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman cc: Tax Assessors Building Dept. Suffolk County Water Authority PLANNING BOARD M~MBERS RICHARD G. WARD GEORGE RITCH/E LATHAM, JR. BENNETT ORLOWSKI, JR. V~ILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 April 1, 1997 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Walter Gaipa P.O. Box 247 East Marion, NY 11939 Re: Proposed lot line change for Walter Gaipa and Suffolk County Water Authority SCTM# 1000-31-2-22.1 & 32.2 Dear Mr. Gaipa: The following took place at a meeting of the Southold Town Planning on Monday, March 31, 1997: The combined public hearing on the lot line change and the request to modify the Declaration of Covenants and Restrictions, which was held at 7:40 P.M., was closed. The following resolution was adopted: WHEREAS, Walter and Linnell Gaipa are the owners of the property known and designated as SCTM# 1000-31-2-22.1 and the Suffolk County Water Authority is the owner of SCTM# 1000-31-2-32.2, located on Rocky Point Rd. in East Marion; and WHEREAS, this proposed lot line change is to subtract 0.59 acres from a 16.16 acre parcel and add it to a 0.358 acre parcel; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead Page 2 Lot line change for Gaipa April I, 1997 agency and issued a Negative Declaration on March 10, 1997; and WHEREAS, a Declaration of Covenants and Restrictions was voluntarily recorded (Liber 11790 page 428 and Liber 11792 page 524) by Donna Iglesias Wexler for the three lot subdivision know as Estate of G. Sanders Nowell, of which one of the subject lots (SCTM#1000-31-2-32.2) was Lot Number 1; and WHEREAS, Walter Gaipa and the Suffolk County Water Authority have requested that the Planning Board allow the recorded Declaration to be modified so as to eliminate the restriction on the Premises requiring that "the formal and natural existing landscaping, plus the farmed fields, wilt remain intact and allow for maximizing the natural lay of the land which will best preserve the odginal and existing flora and fauna"; and WHEREAS, as per the recorded Declaration, the covenants and restrictions can be modified only at the request of the owner of the premises with the approval of a majodty plus one of the Planning Board of the town of Southold after a public headng; and WHEREAS, the Planning Board has received consent to modify the Declaration from the owners of the lots within the subdivision know as Estate of G. Sanders; and WHEREAS, the Planning Board combined the headng to modify the Declaration with the final public headng for the proposed tot line change; and WHEREAS, the combined public headng was closed on March 31, 1997; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southotd have been met; be it therefore Page 3 Lot line change for GaJpa ApriJ 1, 1997 RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated March 3, 1997, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution: The filing of new deeds pertaining to the merger of the 0.59 acres with the 0.358 acre parcel. A copy of the recorded deeds must be submitted to the Planning Board pdor to the endorsement of the final maps. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. ~' ?'( Chairman UFFOLK cOU}I'I ( 4 I FEES Page / Filing Fee I. Basic Tax EA-5217(Omnty) ~ SubTotal / 7 ~ . S~./Assit. EA-5217 (State) S~./Add. R.P.T.S.A. / ~ · ~ ~~ TOT. ~O. TAX Comm. of Ed. 5 . ~ ~ [ tteld for Ap~onmcnt YES / or NO Oilier ~ ~ ~}% Real Properly Tax Service Agency Verification ~ ~lle Compa.y lnforn,a,io. ~y)) Dist. Section Block J Lot ~ V /0~O ~O~/, O O O~ O~g.OO~ d Company Name Payer same as R & R ~ ~l',Y,~--I;~ ~0 ~ ~ (orifdiffe~nt~ NAME: ~ 7 (ADDRESS) Suffolk County Recording & Endorsmnent Page This page fo~s pa~ of the at~ched ~~ ~~ made by: (SPECIFY TYPE OF INS~UME~) ~O ~-%~Wo~ ~~ ~],eprcmiseshc.inissituatedin SUFFOLK COU~I'Y. NEW YORK. In the Township of TO In the VILLAGE . or IIAML~of BOXES 5 TI IRU 9 MUST fiE TYPED OR PRIN'~D IN BI,ACK INK ONLY PRIOR TO RECORDING OR FILING. DECLARATION OF COVENANTS AND RESTRICTIONs This Amended Indenture made this 24th day of March, 1997, by Suffolk County Water Authority, with offices at 4060 Sunrise Highway, Oakdale, New York 11769 hereinafter called DECLARANT and Donna Igtesias Wexler, residing at ~=~j~ Main Koad, East Marion, N.Y., WIa~KF~S, the DECLARANT is the owner in fee simple of a certain parcel of land situated at East Mar/on, Town of Southold, Suffolk County, N.Y. and designated on the Suffolk County Tax Map as District 1000 - Section 031.00 - Block 02.00 - Lot 032.002, being the same premises acquired by the DECLAKANT by deed dated 12/18/09 and recorded on 12/26/96 in Liber 11807 cp. 877 in the Suffolk County Clerk's Office and referred to herein as the "Pr~'mises"; and WI.-IE~, Donna Iglasias Wexler, as previous owner of the P~e,uises, burdened the pi'operty with a Declaration of Covenants and Restrictions dated 8/20/96 and recorded on 9/3/96 in L~er 11790 at page 428 and Liber 11792 page 524 in the Suffolk County Clerk's Office; and WHEREAS, the aforementioned Declaration of Covenants and Restrictions required that any modification only be made at the request of the owner of the premises with the approval of a majority plus one of the Planning Board of the Towu of Southold after a public hearing and notice to adjourning owners of the public hearing, although the consent of such adjoining owners shall not be required; and WHEREAS, an ad~olnlng landowner, Walter C-aipa has made application to the Town of Southold for a lot-line change as said landowner has cunWacted to purchase a port/on of the Premises from the DECLARANT and desires that certain restrictions contained in the heretofore recorded covenants and restrictions concerning the use of the premises be modified; NOW .THEREFORE, the DECLARANT does hereby declare: 1. THAT the aforementioned Declarations of Covemmts and Restrictions recorded in Liber 11790 page 428 and Liber 11792 page 524, hereby be modified so as to eliminate the restriction on the Premises requiring that "the formal and natural existing landscaping, plus the farmed fields, will remain intact and allow for maximizing the natural lay of the land which will best preserve the original and existing flora and fauna." 2. THAT all of the covenants, conditions and resections contained herein shall be construed as real covenants running w~th 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 and inure to the benefit of and be enforceable by the DECLARANT, their heirs, successors and assigns any owner of any portion of the aforementioned Premises their 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 decreed a waiver of the right do so thereafter. 3. THAT Donna Iglesias Wexler hereby consents to the aforegoing modification. 4. THAT a copy of the Planning Boards approval as aforementioned shall be annexed hereto. In WITNE.-SS WI4~REOF, this indenture bas been executed tl~ 24th day of March, 1997. SUFFOLK COUNTY WATER AI. YrI-IORITY Michael A. LoCrtande, Chairman/CEO Donna Igl~si~s Wexle~ STATE OF NEW YORK) ss' COUNTY OF SUFFOLK) On this 24th day of March, 1997, before me personally came Michael A. LoGrande, to me kr:o,~ra and known to me to be the individual described in and who executed the foregoing instrument, and he duly acknowledged to me that he executed the ~s~m~e~. _ STATE OF NEw YORK) SS: COUNTY OF SUFFOLK) Notary Public DONNA MARIE MANCUSO NOTARY PUBLIC, Slate of New Yod~ No, 01MA498847! Qualified in Suffolk Count' ~l~nuSSmn ExpLres N~vember 12, 199'/ On ~ day of March, 1997, before me personally came Donna Iglesiaa Wexler, to me known and known to me to be the individual described ia and who executed the foregoing instrument, and she duly acknowledged to me that she executed the same. No. 49425S8, Suffol~ ~~829 STATE OF NEW YORK ) ss: COUNTY OF SUFFOLK ) On the 28th day of April, 1997, before me personally came Michael A. LoC_rrande, to me known, who, being by me duly sworn, did depose and say that he resides in Cutchogu¢, New York; that he is the Chairman/CEO of Suffolk County Water Authority, the public benefit corporation named in the foregoing indenture; and that he signed his name thereto by like order. Notary Public JEAN CARUSO N~tary Public, State of New York No. 52-6636730 Suffolk Co. -- Term Exoires Oecember 31, / ~-~' THIS LOT L CHANGE BETWEEN v.~.Vce~ O~;~ AND ~'~ C~o4-~- C~,/ t~,~,~ M'~;~,( IS LOCATED ON ~ ~,, ~,~ ~ ~ c[ IN ~q~ ~i~ S~M~ 1000- ~-~- z'z.~ ~2.z LOT LINE CHANGE Complete application received Ap~fication reviewed at work session Applicant advised of necessary revisions Revised sub mission received Lead Agency Coordination SEQRA determination Sent to County Planning Commission Review of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Final Public Hearing Approval of L. ot Line -with conditions Endorsement of Lot Line ms 1/1/90 LOT-LINE CHANGE The following items are to be shown on the survey for a lot-line change: ) Key map. ) District, section, block and lot number from tax map, scale and north arrow. Name of subdivision map, if lot is part of a filed subdivision. Also, show the liber and page number of filed map. ) Name and address of the owners of record. ) Name and address of the person preparing the map (certified 'engineer,land surveyor, architect.) including original seal and signature. ) Property descriptions, dimensions, bearings, square footage of the properties being changed, square footage of the land being transfered. The existing and proposed surveyed boundary lines of both properties must be shown on one piece of paper. Areas subject to flooding, including wetlands. Existing buildings and site improvements, (i.e. fences, hedges). Indicate the existing lot line (dotted line) with the bearings and distance and the proposed lot line (solid line) with the new bearing and distance. ) Location and name of existing streets or right-of-ways adjacent to the property. ) Existing spot grades. The following information is to be submitted with the app~ation for a lot-line change: (~J .W~itten and signed letter, notorized, by owners of properties in question approving of the change and reasons /for the change. (~r Affidavit that upon approval the property will be merged. (~ Any existing covenants applying to either of the properties. ~ ~/~ Form letter regarding drainage, roads, and grading, see /attached. (n/Short Environmental Assessment form, Part I, see attached. (PO/Application, three Pages, last page notorized, see attached. (~-~wo-Hundred Fifty ($250.00) dollars filing fee. (~)//Questionnaire. (~O Eight copies of the survey* * Each of which must bear the original seal and signature of the surveyor or engineer who prepared the survey. (Photostatic copies are not acceptable.) Additional copies may be requested by the Planning Board, if needed. Amended April 1995 APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant bereby applies for '('~/~M~) (final)approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the Iand 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 .................................................... 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber ./../.~..~...~.....; ....... Page .~.77 ............. On.2~.(~:~A'Q.~-//~?..~.. .... ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On ....................... ; as devised under the Last Will and Testament of ....................................... or as distributee ........................................................................ 5. The area of the land is ...~. ~'~ .............. acres. 6. All taxes which are liens on the land at the date hereof have been paid except ............ 7. The land is encumbered by .......... ../~../../~... ........................................ mortgage'S' (s) as follows: ; (a) Mortgage recorded in Liber .............. Page .................. in original amount of $ .............. unpaid amount $ ..................... held by' ...................... .............. address ................................................................ (b) Mortgage recorded in Liber ......... Page ....................... in original amount of .............. unpaid amount $ ...................... held by ...................... .............. address ............................................................... (c) 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 follo~ving zoning use districts ......... /~..~...~.~. ................... I0. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- 11. The applicant shall at his expense install ail required public improvements. 12. The land (does) (does not) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ............................................................. 13. \¥ater mains will be laid by ./Y~//~. ................................................. said ma'ns. and (a) (no) charge will be made for installing ma2 14. Electric lines and standards will be installed by .................................A]/~.. ..................................... and (a) (no) cbarge will be mad~ for installing said 15. Gas mains will be installed by ................................................... and (a) (no) char~.e~ xvilt be n~acle for installing said mains. 16. If streets shown on the 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 shown on the plat are claimed by the applicant to be existing public streets in tbe Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures ou the land which are not located and shown on the plat. 19. kVhere the plat shows proposed streets which are extensious of streets on adjoining 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. Iu the course of these proceediugs, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots sbowing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of g'fading and required public improvements will be $ .......... as itemized in Schedule "E" hereto anuexed and requests that the maturity of the Performance Bond be fixed at .............. years. The Performance Bond will be xvritten by · ' h i "F" a hcensed surety co~npany unless otherxwse shown on Sc edu e . ...... ...... ................. DA.T~' ............... ~ ~77/. * · (Name/of Applicant) ,~/0/! (Signature and Title) (Address) ......~...~. I...~.......~...~..[.'.~?..C4. ......... to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that ..... ~.... executed the same. ...... y .... ~,~ No. 4879505 Qualifiad in Suffolk Count,/ Commission Expires Decembar 8, 19 ~,, 0 STATE OF N'E\V YORK. COUNTY OF ............................ ss: On the ................ day ............ of .............. , 19 ...... , before me personally came .......................... to me known, who being by me duly sworn did de- pose and say that ............ resides at No ..................................................... ............................... that .......................... is the .......... tile corporation described in and which executed the foregoing instrnment; that ............ knows the seal of said corporation; that the seal a~fixed by order of the board of directors of said corporation. and that ............ signed .............. name thereto by like order. Notary Public P lJ K ;N ~ I ~N ~;,~I O&IID TO~,N '~': SO "~H'~LD S U'~OL'~O1 XTY Southold. N.Y. 11971 (516) 765-1938 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FOX'IS TO THE PLANNING Please complete, sign and return to the Offi.ce of the -Platooning Board with your completed application~; fcr;t~;. ~i ,' your to any of the following, questions is yes, please indicate these On your guaranteed survey or suLmzt other ~.~propr±~te evidence~ of occupancy, if yes plq. a~e submit a copy of same 1. Are'there any wetland grasses on this parcel? (Attached is a list.o-f the wetland grasses defined by the ~wn Code, Chapter 97, for your reference) 2. Are there any other premises under your owne abutting this parcel? r~ 3. Are there any bui!ding permits pending on this parcel? Yes 4. Are there any other applications pending concerning this property before any other department.or agency?(Town. ,~ State, County, etc.) Yes 5. Is there any application pending before any other agency with regard to a different project on this parcel? · Yes 6. Was this property the subject of any prior. application to the Planning Board? Yes 7. Does this property have a valid certificate Yes' No I cer~fy that the above statements are true and ~..'il'l':~' fei' S~qnacure' of prdpert7 owner or a,,-~- - - ' - ~'/[ / .. ~rl~oG agent ' (date Attachment to questionnaire for_'the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the ~f~ day ~f ~, 19~7, before me personally came /~p~ ~- ,F~_ to me known to be the individual described in' and who executed the foregoing in'strum and acknowledged that ~ exec~qte~ the same.~ Notary Publ'ic CLAIRE L. GLEW · Not~ry Public, State of New York l No. 4879505 - - / Qualified in S~fdk County ~-V. Commission Expires Decembe~ 8, 19C-~' Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: The following statements are offered for your consideration in the review of the aboveTmentioned minor subdivision and its referral 4~o the Suffolk County Planning Commission: (1) (2) No grading, other than foundation e×cavation residential building is proposed. for a No new roads'are proposed and no changes will be made the grades of the existing roads. (3) No new drainage structures or alteration of existing structures are proposed. Yours truly, 14-16-4 {2]87)--Text 12 PROJECTI.D. NUMSER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Proiect sponsor) ,. AFP,,CANT,BPONSOR PROJEOT,AME 3. PROJECT LOCATION: ~ ~ SEQR 5, IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6, OESCRISE PROJECT BRIEFLY: 0.5~ 7. AMOUNT OF [_AND AFFECTED: ,,:,:a::~ , .U~ O.~*~:~,, u,f:--~, ~' .~ .~.~,.~ac,e: ~, L PROPOSED ACTION COMPLY WITH E×ISTING ZONING OR OTHER EXISTING LANO UBE RESTRICTIONS? ~es C No I1 No. describe brie/ly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial Describe: x~Agricuiture 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)~j~,~, [] Yes ~[.No I! yes, list agency(s) and 0ermitlapprovals ANY A PECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12~ AS A RESULT O~ ?ROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUtRE MOOIFICATION? ]Yes o ~N I CERTIFY THAT THE INFORMATION PROVIDED ASOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ~-~/t 7 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 ""ART {J--ENVIRONMENTAL ASSES~NT (To be completed by Agency) DOES ACTION E.'~,~ED ANY TYPE I THRESHOLD IN 6 NYCRR. PART 617.127 if yes, coordinate the rewew process and use the FULL EAF. [] Yes WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYORR, PART 517.67 If NO, a negative declaration involved [] Yes Z~.N o C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, it legible) C1. Existing air quality, surface or groundwater quallty or quantity, noise levels, existing traffic patterns, sotid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly; C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain brlefi~ /% © C3. Vegetation or fauna, fish, shellfish or wild~ife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as otfici&lly adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly. C5. Growth. subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in Cl-C57 Explain briefly. C7. Other impacts (including changes in use of either quantity or type of energy)? Explain b[iefly. D. IS THERE, OR I T~ T~i~I~E LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes ~No If Yes. explain briefly PART Ill--DETERMINATION OF SIGNII~ICANCE (TO be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of OCCUrring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all retevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occuc Then proceed directly to the FULL EAF and/or prepare a positive declaration. ~Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the'reasons supporting this determination: ~g~lat~re of Prep~/~lt di//eren~ Irom respons*bie otncer) 2 Walter Gaipa P. O. Box 247 East Marion, NY 11939 (516) 477-9713 March 1, 1997 Planning Board Town of Southold Main Rd. Southold, NY 11971 re: .66 acres East Marion SCWA and Walter Craipa Dear Planning Board, This affidavit is to advise you that upon your approval the property will be merged with our existing property. Thank you for your consideration. Walter Gaipa STATE OF NEW YORK ) SS; COUNTY OF SUFFOLK ) MICHAEL A. LOGRANDE, being duly sworn, deposes and states as follows: I am the Chairman/CEO of the Suffolk County Water Authority, the Owner of SCTM#1000-31-2-32-1. Suffolk County Water Authority acquired the above lot on December 18, 1996· Walter Gaipa requested Suffolk County Water Authority transfer a portion of land adjacent to Walter Gaipa's property, approximately 211' x 138', to him, for the purpose of providing Mr. Gaipa with a larger lot for expansion of his Herb growing business. As the portion of land referred to would not adversely impact Suffolk County Water Authority's property and was considered surplus, Suffolk County Water Authority agreed to transfer said portion of land to Walter Gaipa. Accordingly, Suffolk County Water Authority has no objection to the lot-line change. SUFFOLK COUNTY WATER AUTHORITY · ' MichaelA. LoGrande, Chairman/CEO SWORN TO before me this 10th day of Febru~997 JEAN CARUSO No~/Public, State of New York No. 52-5836730 Suffolk Co. Term Expires December 31, C~¥ FL~NNER OtSEIV RO. BOX 706 MAIN ROAD · CUTCHOGUE, LONG ISLAND, NE~/ YORK 11935 · PHONE 516-734-7666 F,%X S16o734-7712 August 11, 1997 Re: Gaipa to Gaipa - Deed Our File # 6186 Dear Melissa: Enclosed please find a copy of the recorded Deed from Walter and Linell Gaipa to Walter and Linell Gaipa to merge Parcel I and Parcel II recorded in Liber 11844 Page 640. GFO:lmk Enclosure Southold Town Planning Board Attn: Melissa Spiro Main Rd. - Town Hall Southold, NY 11971 Very truly yours, / AUG ! 2' 1997 SOUTHO~', ~NN~NQ BOARD j 11844 1' 640 [' Numar of pages TORRENS ~ E~'A~ ~. CLERK 0F ~UFFOLK COUNTY Scrial ~ Ccaificatc ~ Prior Cfi. ~ ~d / MoRgage Ins~t ~d / Mo~age T~ S~p R~or~ng / Filing 4 [~ FEES Page ] Filing F~ Mo~gagc ~ 1. B~ic T~ H~dling ..~ ~-584 2. Addifion~ T~ Sub To~l · No~fion ~ · EA-~217 (County) ~__. ~ Sub To~l S~JAs~i~ EA-5217 (State) __~. S~./Add. · R.P.T.S.A. . TOT. ~. T~ · Du~ Town Dual C~nt7 Comm. of Ed. 5. ffi ~ ~ Held f~ ~ffionment ~ Affidavit ...[ Tmmfer T~ ~ · ~sion T~ · Ce~ Copy ~ ~e p~y cove~d by ~s mo~ago is will be i~proved by a one or two family Reg. C~y dwelfing only. Sub To~ ~S or NO ~ O~er · -~ If NO, ~ appropfia~ ~ clau~ on page GRAND TOTAL ~ of ~is ~s~ment. S [ Real Property Tax Service Agency Verification Title Company Infor~tion Dist. Section Block ~t [ FIDELITY NATIONAL S~p 1000 031.00 02.00 ] 032.006 Comply N~e Dam 1000 033.00 0Z.00 [ 0EZ.001 ~-- ] ~fle N~r Init~ls I - ' f ~ I;: 8;I ~E PAID BY: , ~ Gary F~anner O lsen, Esq. /~ CaS~ayers~c~&~ P. 0; BOX 7~ 11935 l/ (or if diffemnt~ __ /[~/ R~CO~U ~ .~tUR. TO ~t v~ ~, 7 (ADDRESS) [ ~ Suffolk County Recording & Endorsement Page ~s page fores pm of ~e attached Dood made by: (SPEC1FY T~E OF INS~U~) WALLER GAIPA AND LINELL D. GAIPA ~e premises he~in is situa~d ~ SUFFOL< COUmY, ~W YO~. TO M ~e Towmhip of WALTER GAIPA AND LINELL D. GAIPA ' In me VmLAGE ~ I 2 !997 or H~ET of BO~S 5 T~U 9 MUST BE T~PED OR ~R~D ~ BLACK ~K O~Y P~OR TO R ~CO~~O. trict ~0 %ion .00 >ck O0 t.O06 !. 001 '~CONSULT YOUR LAWYER BEFOI~GNING THIS INSTRUMENT--THIS INSTRUME~HOULD RE USED BY LAWYERS ONLY. THIS INDENTURE, made the 2./~ day of Oul y , nineteen hundred and ninety seven ! WALTER GAIPA and LINELL D. GAIPA, his wife, residing at 360 Lakeview Terrace, East Marion, New York 11939 party of the first pm% and WALTER GAIPA and LINELL D. GAIPA, his wife, residing at 360 Lakeview Terrace, East Marion, New York 11939 party of the second part, WITNF..~ETH, that the patty of the first part, in comideration of .............................. '- .............. ,- ...... " ....... TEN and 00/100 ............................ dollars, l&wful money o! the United States, and other l awful consi derati on, paid by the pa~y of the second part, does hereby ~ant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvemel~ thereon erected, situate, ly. ing'and beinglq<fl~.X al; East Mari op .Town.of Southold County of Suffolk and State of New Yorl<,Doundeo and descrlDeo as tollows ' PARCEL I BEGINNING at the southeasterly corner of the hereafter described premises at the southwesterly corner of Lot 2, as;Shown on Map of property surveyed for Donna Iglesia's Wexler; said point also being the northeasteFly corner of land now or formerly of Maraitas Jacobs; RUNNING THENCE South 70 degrees, 26 minutes, O0 seconds West, along the last mentioned land, 121.14 to la~d ~oW or ~oCmer~ of Rackett; THENCE North 9 degrees, 36 minutes, O0 seconds West, along the last mentioned land along land now~or formerly of Akoumajanakis amd along land now or formerly of Suffolk County Water Authority, 212.41 feet; THENCE North 70 degrees, 33 minutes, 10 seconds East, aloDg land now or formerly of Suffolk County Water Authority, I26~3~ feet to land now or formerly of Donna Iglesia's Wexler; THENCE South 9 degrees, 31 minutes, 30 seconds East, along the last mentioned land, 212.98 feet to the point or place of BEGINNING. PARCEL II BEGINNING at a point on the easterly side of Rocky Point Road distant 535.75 feet northerly from the corner formed by the intersection o¢ the northerly side of Main Road (S.R. 25) with the easterly side of Rocky PointlRoad; RUNNING THENCE along the easterly side of Rocky Point Road, ~orth 9 degrees 43 minutes 10 seconds West, 100.00 feet; THENCE North 74 degrees 32 minutes 10 seconds East 177.80 feet along property now or formerly of Mandel; THENCE South 11 degrees 12 minutes 10 seconds East 75.28 fee) along property now or formerly of G. S. Nowell Estate; THENCE South 66 degrees 54 minutes 20 seconds West 183.83 feet along other property now or formerly of Mandel to a point on the easterly side of Rocky Point Road and the point or place of BEGINNING. The purpose of this Deed is to merge Parcel I and Parcel II ~s one parcel as required by the Southold Town Planning Board. TOGF-THF..R with all right, title and interest, if any, of the party of the firSt, art, in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first pa~t in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever· AND the party o! the first tmrt, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the pa)~nent of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNE.~ WHEREOF, the party of the first par~ ha~ duly executed this deed the day and year first above writ~esc · WALTER GAIPA / [~L~- D. GAIPA ~.~ On the c~tt/t~day of Jtlly 1997 ~ , before me personally came WALTER GAIPA and LINELL DY GAIPA to me known to be the illtl[vidual.~ described in and who executed the foregoing jrls[tument, and acknowledged that they execu~d ~/ JOSEPH CH£RE/'OWICH NOTARY PUBUC. Stab.bf New York No. 48046l(~u1~ Tefra Expires STATE OF NEW YORK, COUN~'Y OF ss: '--On the day of 19 , before me personally came to me'known, who, being by me duly sworn, did depose aud say that he resides at No. ; that he is the . , the eorporatlon described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. On the personally came 19 , before me to me known to be the individual described in and who executed the foregoing instrmnent, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OP ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he 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 thereto. WITHOUT COVENANT AGAINST GRANTOR'S ACTS TITLE NO. GAIPA SECTION BLOCK LOT COUNTY OR TOWN TO GAIPA STANDARD FORM Of NEW YORK EOARD C~ TITLE UNDERWRITERS Distributed by ' SECURITY TITLE AND GUAIC4A~Y COMPANY CHARTERED 1eRe ~TII4 NEW YORK RETURN BY MAlL TO: Gary Flanner Olsen, Esq. P. O. Box 706 Cutchogue, NY 11935 Zip IX,la. ..z GARY FLANNER OLSEN COUNSELLOR AT LAW RO. BOX 706 MAIN ROAD CUTCHOGUE, LONG ISLAND, NEW YORK 11935 · PHONE 516-734-7666 FAX 516-734-7712 July 24, 1997 Re: Gaipa to Gaipa - Deed Our File 6186 Dear Melissa: Enclosed please find a Deed from Walter and Linell Gaipa to Walter and Linell Gaipa to merge Parcel I and Parcel II as one parcel as required by the Southold Town Planning Board. Very truly yours, GFO:lmk Enclosure Southold Town Planning Board Attn: Melissa Spiro Main Rd. - Town Hall Southold, NY 11971 JUL "' 1997 SOUl H~]L pt/,,,*,!~,!I :'4 G E~OA_RD istrict 000 ection 31.00 lock 2.00 et 32.006 nd ~22.001 CONSULT YOUR LAWYER BEI:OR~IGNING THIS INSTRUMmT--THIS INSTRUMEIHOULD BE USED BY LAWYERS ONLY. THIS INDF. aNTURE, made the ~/)t day of Jul y , nineteen hundred and n i nety seven [ BETWEEN WALTER GAIPA and LINELL D. GAIPA, his wife, residing at 360 Lakeview Terrace, East Marion, New York 11939 party o£ the first part, and WALTER GAIPA and LINELL D. GAIPA, his wife, residing at 360 Lakeview Terrace, East Marion, New York 11939 party of the second part, WITNF_..q~ETH, that the party of the first part, in consideration ot .............................. ............................... TEN and 00/100 ............................ dollars, lawful money of the United State~, and other 1 awful consi derati on, paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lgingandbeing~q<t~x_aq East Mariop,.Town~of Southold, County of Suffolk and State of mew YorN,Doundeo and descrlDed as tollows: PARCEL I BEGINNING at the southeasterly corner of the hereafter described premises at the southwesterly corner of Lot 2as Shown on Map of property surveyed for Donna Iglesia's Wexler; said point also being the northeasterly corner of land now or formerly of Maraitas Jacobs; RUNNING THENCE South 70 degrees, 26 minutes, O0 seconds West, along the last mentioned land, 121.14 to land now or formerly of Rackett; THENCE North 9 degrees, 36 minutes, O0 seconds West, along the last mentioned land along land newer formerly of Akoumajanakis and along land now or formerly of Suffolk County Water Authority, 212.41 feet; THENCE North 70 degrees, 33 minutes, 10 seconds East, along land now or formerly of Suffolk County Water Authority, ~26~3~ feet to land now or formerly of Donna Iglesia's Wexler; THENCE South 9 degrees, 31 minutes, 30 seconds East, along the last mentioned land, 212.98 feet to the point or place of BEGINNING. PARCEL II BEGINNING at a point on the easterly side of Rocky Point Road distant 535.75 feet northerly from the corner formed by the intersection of the northerly side of Main Road (S.R. 25) with the easterly side of Rocky Point Road; RUNNING THENCE along the easterly side of Rocky Point Road, North 9 degrees 43 minutes 10 seconds West, 100.00 feet; THENCE North 74 degrees 32 minutes 10 seconds East 177.80 feet along property now or formerly of Mandel; THENCE South 11 degrees 12 minutes 10 seconds East 75.28 feet along property now or formerly of G. S. Nowell Estate; THENCE South 66 degrees 54 minutes 20 seconds West 183.83 feet along other property now or formerly of Mandel to a point on the easterly side of Rocky Point Road and the point or place of BEGINNING. The purpose of this Deed is to merge Parcel I and Parcel II as one parcel as required by the Southold Town Planning Board. TOGETHER with all fight, title and interest, if any, of the party of the first part, in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and fights of the party of the first part in and to said premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party ot the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for tiffs conveyance and will hold the fight to receive such consid- eration as a trust fund to be applied first for the purpose o£ paying the cost of the improvement and will apply the sam.e first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "part/es" whenever the sense of this indenture so requires. IN WITNES~ WHEREOF~ the party of the first part Ires duly executed this deed the day and year first above written. IN PRESENCE OF: STATE OF NEW YORK, COUNTY o~FFOLK On the mMPc~ay" of 3u]y~ 1997 personally came WALTER GAIPA and LINELL D. GAIPA , before me to me known to be the individual described in and who executed the forego~ instrument, and acknowledged that they execu~d ~ st,(ne. NOTARY PUBLIC, State of New York No. 48046]5, Suffolk County Term Expires ~eptember 30, STATE OF NEW YORK, COUNTy OF ss: On the day of 19 , before me personally came to me'known, who, being by me duly sworn, did depose and say that he resides at No. ; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- t/on, and that he signed h name thereto by like order. STATE OF NEW COUNTY OF -~: On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NE~Y YORK, COUNTY OF ss: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he 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 thereto. WITHOUT COVENANT AGAINST GRANTOR'S ACTS TITLE No. GAIPA SECTION BLOCK LOT COUNTY OR TOWN TO GAIPA RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed by SECURITY TITLE AND GUARANTY COMPANY Gary Flanner Olsen, Esq. P. O. BOx 706 Cutchogue, NY 11935 Zip No. · . ' .34i9t ;OROEO 282 [] Numberofpages ~ REAL ~.7;c'^'rE 1~I -1 I~HtI:. , ,.50 CLL~d' ';L', ,,41. TORRENS { "" "~ ';: sUFFOL~ Cuut Serial # ~ SUFFOLK ' Certificate # Prior Cfi. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps ~;~l ~ Page / Filing Fee /~. Mortgage Am~ Handling~. 1. Basic Tax TP-584 ~. __ 2. Additional Tax Notation ~,. Sub Total EA-5217 (County) ~ __ Sub Total Spec./Assit. ' EA-5217 (State) ~ Spec./Add. ~.P.T.S.A. / ~ -~ ~,~.~.~~ ~T. mo. TAx Dual Town __ Dual County __ Comm. of Ed. 5.00 ~ "%' [ Held for Apportionment __ a, ffidavit ~.~~ Transfer Tax · Mansion Tax __. __ Cefin'i,c:l Copy ~' Thc property covered by this mortgage is will be improved by a one or two family Reg. Copy dwelling only. Su, Other ~ '~(~ ~ If NO. see appropriate lax clause on page # GRAND TOTAL of this instrument. $ Title Company Information ~J'~L.~*'>. Real Property Tax Service Agency Verification L %'~ Dist. Section Block [ Lot '~ ~J FIDELITY NATIONAl TITLF ~.~7 O ~_. CO ~ Company Name ,~.:~ ~000 03~ .00 02.00 ~e/,,~ ~7 (NEW NUMBER) FNT9710281 /'~ GARY FLANNER 0LSEN, ESQ. /r CaShpayer s.ame.~.~s~ &R Charge P. 0. BOX 706 (or'f different) -- RECORD & RETURN TOl k<-\~--~._~_~v~ ~ ~.~. (ADDRESS) / Suffolk County Recording & Endorsement Page This page forms pa~ of the attached DEED made by: (SPECIFY TYPE OF INSTRUMENT) SUFFOLK COUNTY W^IER ^UlHORITY The premises herein is situated in SUi~I. OLK COUNTY, NEW YORK. TO b~ In the Township of SOUIHOLD WALTER GAIPA AND LINELL GAIPA In the VILLAGE or HAMLET of EAST MARION BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT- THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THI~ INDENTURE, made the 28 day of April , nineteen hundred and ninety-seven BETON SUFFOLK COUNTY WATER AUTHORITY, a public benefit corporation with offices at q060 Sunrise Highway Oakdale, County of Suffolk, State of New York, and I, II/ELL,', D. GAIPA, his wi.f,e~3 both party of*efiretpart.~,nd WALTER GAIPA,/ residing a~Lakeview Terrace, East Mar/oil, county of Suffolk, State of New'York, party of the second part, ~,VITNF...S~ETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain p. lot, piece or parcel of land. with the buildings and improvements thereon erected,'sltuate. lying and bein~K~K at East Mar on, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the southeasterly corner of the hereafter described premises at the southwesterly corner of Lot 2 as shown on Map of property surveyed for Donna Iglesia's Wexler; said point also being the northeasterly corner of land now or formerly of Maraitas Jacobs; RUNNING THENCE South 70 degrees, 26 minutes, 00 seconds West, along the last mentioned land, 121.1q to land now or formerly of Rackett; THENCE North 9 degrees, 36 dniFlu~§, ,q0 ~,e, conds West, along the last mentioned land along land now ~j~,y~C.m,.9r,,ly.~;~k..o~anakls and along land now ,o,r~,f,o,,r, me~!y of~Suffolk County ?a,~e~i ~~2sl~qs[ f;?ot;n land now or formerly of Suffolk County Water'~,'u~'l~bri't~' ~2'6'~.f33 feet to land now or formerly of Donna Iglesia~s Wexler; THENCE Sou'th 9 degrees, 31 minutes, 30 seconds East, along the last mentioned land, 212.98 feet to the point or place of BEGINNING. SUBJECT to .Declarations, Covenants and Restriction of record. SUBJECT to compliance with all federal, 'state and local law, regulations and guidelines regarding the application to the premises of any organic or inorganic chemicals or any natural or other fertilizer. GRANTOR, its successors and/or assigns retains the right to enjoin, in addition t6 any other remedy in law or equity, the use of, and GRANTEE, his heirs, successors, and/or assigns shall discontinue the use of such chemicals or fertilizers that contaminate the.public drinking water supply beyond the standards established by the New York State Department of Health and/or any other regulatory agency of the local, state or federal government. The premises described herein has no street frontage and by this conveyance the GRANTOR does not grant an easement for ingress and egress over adjoining land of the GRANTOR by prescription or otherwise. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as a. fore~aid. AND the party of the first part, in compliance with Section L3 of the Lien Law, covenants that the part~ of the nrst part will receive the consideration for this conveyance and will hold the right to receive such consioeration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the bnprovement before using any part of the total of the same ~or any other purpose. The word "party" 9hall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF,' the party of the first part has duly executed this deed the day and year first above written. la eaSSSNCI~ OF: SUFFO~ COUNTY WATER AUTHORIT, Y / ',~i-cb~el A. LoGrande, Chairman/CEO ~STATE OF NEW YORK. COUNTY OE ~C~ On the day of '~personally came .~ o me known to be the individual described in and who ' executed the foregoing instrument, and acknowledged that executed the same. before me STATE OF NEW YORK. COUNTY OF SUFFOLK On the 28 day ,o,f A-r:l , before personally came ,ViJchae~'~. ' " 19 97 me to me known, who, being b.y me dul)~ sworn, did depose and say that he resides M:~.ln Cutchogue, New York that he is the Chairman/CEO ' of Suffolk County Water Authority , the corporation described in and which executed the foregoing i~stxument; that he S3~:TE UP NEW YORK. COUNTY OF ssi On the day of lP , before me personally came to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE UP NEW YORK. COUNTy UP c=t On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted., who, being by me duly sworn, did depose and say that he resides at No. that he knows ; to be the individual knows, the. seal of .said corporation; that the ecalalSxed, described in and who executed the foregoing instrument; .ta~i_s_a?t.).nst_r~ument~ ~ such c, orp, or,a. te seal; ~at.{t was so that he, said subscribing witness, was present and saw ,,,~, uy oruer oz me ~oaru ut ulrectors ut sam corpora, execute the same; and that he, said witness, tion, and that he signed h is name tbe~ by like order, at the same time subscribed h name as witness thereto. LEROY VAN NOSTRAND. J~. N~tery Publi~, State of New No. 52-9439500 · Qualified in Suffolk ~ Term Expir,s March 30. Bargain anb al, WITH COYEHAIFr AGAINST GRANTOIt;S ACTS TITLE ~O, SUFFOLK COUNTY WATER AUTHORITY SECTION BLOCK LOT COUNTY OR TOWN TO I//ALTER GAIPA R~TURN,BY MAlL TO: COHMONWEALTH lAND TITL[ INSI. JP.~NCE COHPANY A Reliance Group Holdings Company 7.Jp No. GARY FLANNER OLSE COUNSELLOR AT RO. BOX 706 · MAIN ROAD · CUTCHOGUE, LONG ISL^ND, NE~V YORK 11935 PHONE 516-734-7666 FAX 516-734-7712 June 11, 1997 Re: Suffolk County Water Authority to Gaipa Our File # 6186 Dear Mr. Gaipa: Enclosed please find your original Deed recorded in Liber 11829 Page 282 at the Office of the Clerk of the County of Suffolk on May 7, 1997. Also enclosed is the original Covenants and Restrictions recorded in Liber 11829 Page 283 at the Office of the Clerk of the County of Suffolk on May 7, 1997. You should get a copy of the Covenants to the Planning Board. Very truly yours, GFO:lmk Enclosures Walter Gaipa P. O. Box 247 Lakeview Terrace East Marion, NY 11939 SOUTHOLD TOWN : PLANNING BOARD _.j Number of pages TORRENS Serial # Certificate # Prior Cd'. # Deed / Mortgage Instrument Page / Filing Fee Handling TP-584 Nolation EA-5217 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other Deed / Mortgage Tax Stamp Recording / Filing Stamps FEES __ Sub Total -- Sub Total GRAND TOTAL Real Property Tax Service Agency Verification Dist. Section Block Lot Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./AssiC or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Apportionment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES ,,/ or NO__ If NO, see appropriate tax clause on page # of this instrument. Title Company Information Company Name T ? '"/ I ?1 Title Number FEE PAID BY: Cash__Check b~ Charge__ Payer same as R & R __ NAME: / '~ "~ ADDRESS: RECORD & RETURN TO (ADDRESS) Suffolk County Recording & Endorsement Page This page forms part of the attached ~w~/d_,d_,4~, 9- ~ .(SPECIFY TYPE OF INSTRUMENT) X~b~ ~Z.~vy,..,.~V_~.~c"c~_.~.~ ~ The premiscs hcmin is situated in b' SUFFOLK COUNTY, NEW YORK. made by: TO In the Township of In the VILLAGE or. LETof BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. DECLARATION OF COVENANTS AND RESTRICTIONS This Amended Indenture made this 24th day of March, 1997, by Suffolk County Water Authority, with offices at 4060 Sunrise Highway, Oakdale, New York 11769 hereinafter called DECLARANT and Donna Igiesias Wexler, residing at h~a ~ Main Road, East Marion, N.Y., WI-r~REAS, the DECLARANT is the owner in fee simple of a certain parcel of land situated at East Marion, Town of Southold, Suffolk County, N.Y. and designated on the Suffolk County Tax Map as District 1000 - Section 031.00 - Block 02.00 - Lot 032.002, being the same premises acquired by the DECLARANT by deed dated 12/18/09 and recorded on 12/26/96 in Liber 11807 cp. 877 in the Suffolk County Clerk's Office and referred to herein as the "Premises"; and WHEREAS, Donna Iglesias Wexler, as previous owner of the Premises, burdened the property with a Declaration of Covenants and Restrictions dated 8/20/96 and recorded on 9/3/96 in Liber 11790 at page 428 and Liber 11792 page 524 in the Suffolk County Clerk's Office; and WHEREAS, the aforementioned Declaration of Covenants and Restrictions required that any modification only be made at the request of the owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing and notice to adjourning owners of the public hearing, although the consent of such adjoining owners shall not be required; and 1,VHI~REAS, an adjoining landowner, Walter Oaipa has made application to the Town of Southold for a lot-line change as said landowner has contracted to purchase a portion of the Premises from the DECLARANT and desires that certain restrictions contained in the heretofore recorded covenants and restrictions concerning the use of the premises be modified; NOW _THEREFORE. the DECLARANT does hereby declare: 1. THAT the aforementioned Declarations of Covenants and Restrictions recorded in Liber 11790 page 428 and Liber 11792 page 524, hereby be modified so as to eliminate the restriction on the Premises requiring that "the formal and natural existing landscaping, plus the farmed fields, will remain intact and allow for maximizing the natural lay of the land which will best preserve the original and existing flora and fauna." 2. TI-IAT 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 and inure to the benefit of and be enforceable by the DECLARANT, their heirs, successors and assigns any owner of any portion of the aforementioned Premises their 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 decreed a waiver of the right do so thereafter. 3. THAT Donna Iglesias Wexler hereby consents to the aforegoing modification. 4. THAT a copy of the Planning Boards approval as aforementioned sba!! be annexed hereto. In .WITNESS .W!4~REOF, this indenture has been executed this 24th day of March, 1997. SUFFOLK COUNTY WATER AUTHORITY Michael A. LoGrande, ChainnaWCEO Donna Igle~i~s Wexler STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On this 24th day of March, 1997, before me personally came Michael A. LoGrande, to me k~own and known to me to be the individual described in and who executed the foregoing -. e instrument, and he duly acknowledged to me~~ ~o._v~~ STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Nota~ Public DONNA MARIE MANCUSO NOTARY PUBLIC, State of New Y~ No. 01MA498847! (~ualified in Suffolk Count~ ~mmiSSmn Expires November 12, 1997 On this..~Rh day of March, 1997, before me personally came Donna Iglesias Wexler, to me known and known to me to be the individual described in and who executed the foregoing instrument, and she duly acknowledged to me that she executed the same. No..4~4~, ~a, Suffo~ ~ Term E33~'e~ October 3. 197..~. 118290282 STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) On the 28th day of April, 1997, before me personally came Michael A. LoGrandq, ~ ~.__ to me known, who, being by me duly sworn, did depose and say that he resides in Cutchogue, New York; that he is the Chairman/CEO of Suffolk County Water Authority, the public benefit corporation named in the foregoing indenture; and that he signed his name thereto by like order. Notary Public JEAN CARUSO Notary Public, State of New York No. 52-5636730 Suffolk Co. -- Term Exoires Oecember 31. / TORRENS ~'J' '/TL'E'I~ix,U ~u ,uFFOLK COUH't "" Serial ~ Certificate ~ Prior Cfi. ~ D~d ] Mortgage InsOlent D~d ] Mortgage T~ Stump R~or~ng / Filing S~ps 4 I FEES 'Page [ Filing Fee ~ ~ Mortgage Amt. I hmdling ~. 1. B~ic Tax TP-584 2. AddiQon~ T~ i NomQon Sub Total ~-~co..,~ __ Su~o~ / ~ ~ . S~./Assit. or EA-5217 (State) S~./Add. R.P.T.S.A. / ~ ~ ~~ TOT. MTG. TAX Du~ Town ~ Dual County Comm. of Ed. 5. ~ ~ [ Held for Ap~onment Affidavi[ ~ ~ Transfer T~ Certifi~ Copy M~sion Tax ~e pro.ny covered by ~is mortgage is or Reg. Copy ~ ~j will be improved by a one or two family Sub To~~/~ '~ dwelling only. YES Odler ~ ~, If NO, ~e appropdam GRAND TOTAL ~ . of ~is ~s~ment. ~X Real Property Tax Service Agency Verification :6~ Title Company Information ~ Dist. Section Block ~T~~7 F~T ? ~/~ 7 (ADDRESS) ~ Suffolk County Recording & Endorsement Page This page fo~s pan of ~e at~ch~ ~~ ~ ~~ made by: (SPECIFY T~E OF INSTRUME~) ~~ ~,~ ~~ The premises herein is situated in SUFFOLK COU~Y, NEW YORK. In ~e Towmhip of ~CC/~ TO f / In ~e VILLAGE BOXES 5 THRU 9 M~ST BE TYPED OR PRI~ED IN BLACK INK O~Y P~OR TO ~CORDING OR FILING, DECLARATION OF COVENANTS AND RESTRICTIONS This Amended Indenture made this 24th day of March, 1997, by Suffolk County Water Authority, with offices at 4060 Sunrise Highway, Oakdale, New York 11769 hereinafter called DECLARANT and Donna Iglesias Wexler, residing at h.~a~k_' Main Road, East Marion, N.Y., WHEREAS, the DECLARANT is the owner in fee simple of a certain pamel of land situated at East Marion, Town of Southold, Suffolk County, N.Y. and designated on the Suffolk County Tax Map as District 1000 - Section 031.00 - Block 02.00 - Lot 032.002, being the same premises acquired by the DECLARANT by deed dated 12/18/09 and recorded on 12/26/96 in Liber 11807 cp. 877 in the Suffolk County Clerk's Office and referred to herein as the "Premises"; and WHEREAS, Donna Iglesias Wexler, as previous owner of the Premi.~es, burdened the properly with a Declaration of Covenants and Restrictions dated 8/20/96 and recorded on 9/3/96 in Liber 11790 at page 428 and Liber 11792 page 524 in the Suffolk County Clerk's Office; and WHEREAS, the aforementioned Declaration of Covenants and Restrictions required that any modification only be made at the request of the owner of the premises with the approval ora majority plus one of the Planning Board of the Town of Southold after a public hearing and notice to adjourning owners of the public heating, although the consent of such adjoining owners shall not be required; and WHEREAS, an adjoining landowner, Walter Galpa has made application to the Town of Southold for a lot-line change as said landowner has contracted to purchase a po~on of the Premises from the DECLARANT and desires that certain restrictions contained in the heretofore recorded covenants and restrictions concerning the use of the premises be modified; NOW THEREFORE, the DECLARANT does hereby declare: 1. THAT thc aforementioned Declarations of Covenants and Restrictions recorded in Liber 11790 page 428 and Liber 11792 page 524, hereby be modified so as to eliminate the restriction on the Premises requiring that "thc formal and natural existing landscaping, plus the famlcd fields, will remain intact and allow for maximizing the natural lay of the land which will best preserve the original and existing flora and fauna." 2. THAT all of the covenants, conditions and restrictions coIltained 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 and inure to the benefit of and be enforceable by the DECLARANT, their heirs, successors and assigns any owner of any portion of the aforementioned Premises their 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 decreed a waiver of the right do so thereaRer. 3. ' THAT Donna Iglesias Wexler hereby consents to the aforegoing modification. 4. THAT a copy of the Planning Boards approval as aforementioned shall be annexed hereto. 1997. In .WITNESS WHEREOF, this indenture has been executed this 24th day of March, SUFFOLK COUNTY WATER ALrrHORITY Michael A. LoCrm~de, Chairman/CEO Donna IgleSi~ Wexler STATE OF NEW YORK) COUNTY OF SUFFOLK) On this 24th day of March, 1997, before me personally came Michael A. LoGrande, to me known and known to me to be the individual described in and who executed the foregoing knsmmaent, and he duly acknowledged to me,th~khe execut~the s.am~e~_. ~ STATE OF NEW YORK) $$: CO~ OF SUFFOLK) Notary Public OONNA MARIE MANCUSO NOTARY PUBLIC, State of New Yolk No. 01MA498847! Qualified ti1 Suffolk Coun~ Commi~on Expires November 12, t997 On this~Rh day of March, 1997, before me personally came Donna Iglcsias Wexl~, to me known and known to me to be the individual described in and who executed the foregoing insu'ument, and she duly acknowledged to me that she executed the same. No. 4842668, Suffolk Term Expi~. Oc~ber 3, 19~--..~. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the 28th day of April, 1997, before me personally came Michael A..7~Ca~an~,57-- to me known, who, being by me duly sworn, did depose and say that he resides in Cutchogue, New York; that he is the Chaixman/CEO of Suffolk County Water Authority, the public benefit corporation named in the foregoing indenture; and that he signed his name thereto by like order. ~'" Notary Public j;ANCARUSO N~a~ Public, Smte ~ NewYork No. 52-5636730 SuffolkCo. Term Expires Oecember31,~/~:~ Town Planning Boarct 4 March 3'1, 1997 Mr. No, Mr. Orlowski: hearing open eve we're missing some things so we'll have to keep this and I'll entertain a motion to do that. Mr. Cremers: Mr. that the Southold Town receipt of the submission of existence of all dwellin Mr. Latham: Second. Mr. Orlowski: Motion made those in favor? I make the following resolution. Be it resolved Board hold the hearing oper ertificates of the lot number An' estions on the motion? All Ayes: Mr. W/~,M'~ Latham, Mr. Cremers, Mr. Orlowski. Mr. Or'i: Opposed? Motion carried. Mr. Orlowski: Walter GaiDa - This public hearing is on the lot line change to subtract 0.59 acres from a 16.16 acre parcel and to add it to a 0.358 acre parcel, and on the applicant's request to modify the Declaration of Covenants and Restrictions. SCTM# 1000-31-2-22.1 & 32.2. Do we have any comments on this lot line change? Walter Gaipa: I'm the applicant, Walter Gaipa. That's a letter I agreed to with the Water Authority which, I think Melissa can explain. One of the neighbors sent a letter questioning the amount of fertilizer and pesticides that were used. Ms. Spiro: I'II send this to them. Mr. Gaipa: We don't really use anything anyway, and that just agrees to do everything within standards. Thank you. Mr. Orlowski: Any other comments on this? Mr. Markakos: Good evening, I'm (inaudible) Markakos from Southold. Only last night I had a call from Florida from one of the persons interested in the area of this, which is subject of the lot line change and I'm not familiar with the details. I don't know how this will affect the properties alongside of the Rocky Point Road, so as to take position. Most of the people there are members of the Hellenic-American Taxpayers Association and therefore as Southold Town Pfanning Board 5 Marc~ :~1, 1997 the Chairman of the Board I would like to take a stand but again I'm not familiar with how much it will affect, if any, the line of the properties along the road. Ms. Spiro: Did you look at the map outside, Mr. Markakos? Mr. Markakos: Briefly, I did, yes. Ms. Spiro: There's one property that it's next to, I don't know if that's the person that called you, I don't want to try to pronounce his last name. Do you want to come up for a minute? The name of the person is not here, no. It's somewhere down here. Ms. Spiro: Because the only person that's going to be affected at all by this is this person here and I spoke to them on the phone today. Mr. Markakos: OK, thank you very much. Mr. Orlowskh So there's no problem. The rest of it is owned by the Suffolk County Water Authority. Any other comments or questions on this lot line change? Any questions from the Board? Mr. Cremers? Mr. Cremers: No. Mr. Orlowskh Mr. Latham? Mr. Latham: No. Mr. Orlowski: Mr. Ward? Mr. Ward: No. Mr. Orlowskh If there are no further questions all is in order to close the hearing. Mr. Ward: So moved. Mr. Cremers: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Cremers, Mr. Odowski. Mr. Orlowskh Opposed? So carried. PLANNING BOARD MEMBERS RICHARD G. WARD GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 1, 1997 Konstantinos Akoumianakis 690 Rocky Point Road East Marion, NY 11939 RE: Proposed lot line change for Walter Gaipa and Suffolk County Water Authority Rocky Point Road, East Marion SCTM# 1000-31-2-22.1 & 32.2 Dear Mr. Akoumianakis: The Planning Board reviewed your letter in regard to the above mentioned lot line change and your concern in regard to chemical and fertilizer use on the property. I have enclosed a copy of an addendum to the contract of sale between the Suffolk County Water Authority and Walter Gaipa. The contract notes that the application of chemicals and fertilizers must be in compliance with all federal, state and local law regulations and guidelines. In addition, it notes that eherrdcals or fertilizers that contaminate the public drinking water supply beyond the standards established by the New York State Department of Health and/or any other regulatory agency of the local, state or federal government, shall be discontinued. Please feel free to contact me if you have any questions regarding the above. Sincer~,ly, ~. ' eno. h~vm, ,'~,lW clt. t~zL, l Z,,I~!,~ i)) t',,!,z' {~'I:::] '[~"E!~.! '~,::, ,: .;:, r l t; ,3 .r t; m~ at, 728 -~fO0.,1 ADDENDUM TO CONTRACT OF SALE BETWEEN SUFFOLK COUNTY WATER AUTHORITY AND WALTER GAIPA Dated January 27, 1997 The parties hereby agree that the deed shall contain the following restriction: SUBJECT TO compliance with all federal, state and local law, regulations and guidelines regarding the application to the premises of any organic or inorganic chemicals or any natural or other fertilizer. GRANTOR, its successors and/or assigns retains the right to enjoin, in addition to any other remedy in law or equity, the use of, and GRANTEE, his heirs, successors and/or assigns shall discontinue the use of such chemicals or fertilizers that contaminate the public drinking water supply beyond the standards established by the New York State Department of Health and/or any other regulatory agency of the local, state or federal government. SUFFOLK COUNTY WATER AUTHORITY By' .~/;J)/~f~ ~"_~.~:)ate: February 14, 1997 'ai(~ael .~. L°Gr~nde, Chairman/CEO Walter Gaipa ~ Date: AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as ! by ptacing the Town's official poster notices(s) within flO feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poste~r has rem~ained in place for seven days prior to the date of the public hearing on f~"~f"'J" ~ I I 1997. I have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across froro ~ny I~ublic or private street from the above mentioned property on ~OfLc~ !,~ 1997. Your name (print) ! Address / / (L;;., I,iAR 3 I PLEASE ~E~N ~IS AFFIDA ~T ~O CE~FIED ~WL ~ECEIP O~ ~ ~E P¢BZIC NE~IN6 SCTM#: 31~)_-22-.I, 32.2. Date of Hearing: Michael A. LoGrande, Chairman Matthew B. Kondenar, Secretary Melvin M. Fritz, M.D., Member James T.B. Tripp, Member Eric J. Russo, Member SUFFOLK COUNTY WATER AUTHORITY Administrative Offices: 4060 Sunrise Highway, Oakdale, NY 11769-0901 (516) 589-5200 Fax No.: (516) 563-0370 March 25, 1997 Re: Lot-Line Change Application by Walter Gaipa SCTM P/O#1000-31-2-32.2 Dear In connection with the above lot-line change application, Mr. Walter Gaipa has requested that certain covenants and restrictions voluntarily placed on Suffolk County Water authority's property by the previous owner be eliminated. In accordance with the filed Declaration of Covenants and Restrictions, this is to provide you with notice that a modification of the Covenants and Restrictions will be sought from the Town of Southold Planning Board. A public hearing will take place on Monday, Mamh 31, 1997, at 7:40 P.M., at the Southold Town Hall, Main Road, Southold, N.Y. A copy of the proposed Amended Declaration of Covenants and Restrictions is annexed for your review. Very truly yours, DSD:jc Enc. PRINTED ON RECYCLED PAPER DECLARATION OF COVENANTS AND RESTRICTIONS This Amended Indenture made this 24th day of March, 1997, by Suffolk County Water Authority, with offices at 4060 Sunrise Highway, Oakdale, New York 11769 hereinafter called DECLARANT and Donna Iglesias Wexler, residing at Main Road, East Marion, N.Y., WHEREAS, the DECLARANT is the owner in fee simple cfa certain parcel of land situated at East Marion, Town of Southold, Suffolk County, N.Y. and designated on the Suffolk County Tax Map as Disu'ict 1000 - Section 031.00 - Block 02.00 - Lot 032.002, being the same premises acquired by the DECLARANT by deed dated 12/18/09 and recorded on 12/26/96 in Liber 11807 cp. 877 in the Suffolk County Clerk's Office and referred to herein as the "Premises"; and WHEREAS, Donna Iglesias Wexler, as previous owner of the Premises, burdened the property with a Declaration of Covenants and Restrictions dated 8/20/96 and recorded on 9/3/96 in Liber 11790 at page 428 and Liber 11792 page 524 in the Suffolk County Clerk's Office; and WHEREAS, the aforementioned Declaration of Covenants and Restrictions required that any modification only be made at the request of the owner of the premises with the approval ora majority plus one of the Planning Board of the Town of Southold after a public hearing and notice to adjourning owners of the public hearing, although the consent of such adjoining owners shall not be required; and WI-I~REAS, an adjoining landowner, Walter Gaipa has made application to the Town of Southold for a lot-line change as said landowner has contracted to purchase a portion of the Premises from the DECLARANT and desires that certain restrictions contained in the heretofore recorded covenants and resections concerning the use of the premises be modified; NOW THEREFORE, the DECLARANT does hereby declare: 1. THAT the aforementioned Declarations of Covenants and Restrictions recorded in Liber 11790 page 428 and Liber 11792 page 524, hereby be modified so as to eliminate the restriction on the Premises requiring that "the formal and natural existing landscaping, plus the fanned fields, will remain intact and allow for maximizing the natural lay of the land which will best preserve the original and existing flora and fauna." 2. THAT ail of the covenants, conditions and restrictions co~talned herein shall be construed as reai 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 and inure to the benefit of and be enforceable by the DECLARANT, their heirs, successors and assi~s any owner of any portion of the aforementioned Premises their successors and assist, n% and the Town of Southold and its successors and assigns and the failure of any oftha foregoing to enforce any of such covenants conditions and restrictions shall in no event be decreed a waiver of the right do so thereafter. 3. THAT Donna Iglesias Wexler hereby consents to the aforegoing modification. 4. THAT a copy of the Planning Boards approval as aforementioned shall be annexed hereto. In WITNESS WHEREOF, this indenture has been executed this 24th day of March, 1997. SUFFOLK COUNTY WATER AUTHORITY Michael A. LoGrande, Chairman/CEO Donna Igle~s Wexler STATE OF NEW YORK) SS.' COUNTY OF SUFFOLK) On this 24th day of March, 1997, before me personally came Michael A. LoGrande, to me known and known to me to be the individual described in and who executed the foregoing instrtmaent, and he duly acknowledged to me th~he excepted the san~e~._ STATE OF NEW YORK) SS' COUNTY OF SUFFOLK) Notary Public OONNA MARI£ MANCU~O NOTARY PUBLIC, State of New Yod~ No. 01MA4988471 Qualified in Suffolk Count~ ~omm~mn Expires November 12. 199'/ On thi.~ 24th-day of March, 1997, before me personally came Donna Iglesias Wexler, to me known and known to me to be the individual described in and who executed the foregoing instrument, and she duly acknowledged to me that she executed the same. Notice of Pu§lle Hearing NOT1CE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 31st day of March, 1997 on the question of the following: 7:30 P,M. Public hearing for the proposed major subdivision for Joseph E. Perino, Patricia Perino, Margery Connelly, Martin Connelly and L~titia Nastasi, in Matfituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-122-7-9. The property is bordered on the north by Main Road; on the east by Lots 1 through 33 of amended map of Mattituck Park, Suffolk County File No. 810; on the south by land now or formerly of Charles Lomangino and Stanley Lomangino; and on the west by land now or formerly of Charles Lomangino and Stanley Lomangino. 7:35 P.M. Public hearing for the propo~d minor subdivision for Ann Marie Nelson, in Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-45-6-9. Island R~oad; on the cast by Ninth St., an~lland now or formerly of Tcnd!ern!~r olbers; on the south by Peconic Bay; and on the west by land now or formerly of Jurzenia. 7:40 P.M. Public hearing for the proposed lot line change for Walter and Linnell Gaipa and Suffolk County Water Authority, in East Marion, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-31-2-22.1 & 32.2. The property is bordered on the north by land now or formerly of Eastern Excavating; on the east by land now or formerly of Kortsolakis, by land now or formerly of United C~tans Association; on the south by land now or formerly of Wexler, and by land now or formerly of Maraitas Sacobs; on the southwest by land now or formerly of Rackett, by land now or formerly of Akoumianakis, and by Rocky Point Rd.; on the west by land now or formerly of Mandel; by land now or formerly of Yanas, by land now or formerly of My~sadis, by land now or formerly of Manias, by Imnd now or formerly of Siopis, by land now or formerly of Purinton and by Rocky Point Rd.; and on the northwest by land now or formerly of Demeris. by land now or formerly of Verity and by land now or formerly of Reich. Dated: March 11, 1997 BY ORDER OF THE SOUTHOLD TOWN PLANNI~G BOARD ~nnett Orlowski, Jr. Chairman 8898-1TM~3 STATE OF ~ YORK) ) SS: __ of Mattltuck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattltuck, in the Town of Southold, County of Suffolk and State of New York. and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for ~ weeks ~u~es~si/rely, ~o..~mencing on the~day of~J~ 19~. Sworn, to before me this/~//'PUL day of_~/~ ~_19 ~5~ MARY DIANA FOSTER NOTkRY PUBLIC, STATE OF NEW YORK NO, 52-4655242, SUFFOLK COUNTY COMMISSION F. XPIRES AUGUST 31,19 a]'~ PLANNING BOARD NIEMBERS RICHARD G. WARD GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 March 11, 1997 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Walter Gaipa P.O. Box 247 East Marion, NY 11939 Re: Proposed lot tine change for Walter Gaipa and Suffolk County Water Authority SCTM# 1000-31-2-22.1 & 32.2 Dear Mr. Gaipa: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, March 10, 1997: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, March 31, 1997 at 7:40 p.m. for a final public hearing on the maps dated March 3, 1997. The Planning Board has reviewed your request for relief from the covenants and restrictions which were filed for the Donna Iglesias Wexler subdivision. The Planning Board did not require the filing of covenants and restrictions as part of the subdivision approval. However, as shown by the title search, the developer filed a Declaration of Covenants and Restrictions for the property. The Planning Board is in favor of granting relief from the recorded Declaration. However, prior to the Planning Board being able to do so, you must obtain consent from all property owners affected by the recorded Declaration (Lots 1, 2 Page 2 Lot line change for Gaipa March 11, 1997 and 3 of the Wexler subdivision). Upon submission of the consent, the Planning Board will hold a public hearing, as required in the recorded Declaration, to modify or annul the recorded document. A document will then have to be filed in the County Clerk's office which modifies or annuls the originally recorded Declaration. If the consent forms are received prior to the March 31, 1997, public hearing, the Planning Board will combine the final public hearing for the lot line change with the public hearing for the Declaration of Covenants and Restrictions. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The sign and notification form are enclosed for your use. Please return the endorsed Affidavit of Posting and the certified return receipts on the day of, or at the public hearing. Enclosed please find a copy of the Negative Declaration for your records. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman enc. PLANNING BOARD MEMBERS RICHARD G. WARD GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant March 10, 1997 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed lot line change for Walter Gaipa and Suffolk County Water Authority SCTM#: 1000-31-2-22.1 & 32.2 Location: Rocky Point Road, East Marion SEQR Status: Type I ( ) Unlisted ( X ) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This lot line change is to subtract 0,59 acres from a 16.16 acre parcel and to add it to a 0.358 acre parcel. SCTM# 1000-31-2-22.1 & 32.2, Page 2 SEQR Negative Declaration -Waiter Gaipa and Suffolk County Water Authority March 10, 1997 Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. ,, For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 cc: Michael D, Zagata, DEC Albany Roger Evans, DEC Stony Brook Suffolk County Water Authority Judith Terry, Town Clerk Applicant Walter Gaipa P. O. Box 247 East Marion, NY 11939 (516) 477-9713 March I, 1997 Planning Board Town of Southold Main Rd. Southold, NY 11971 re: .66 acres Rocky Pt. Rd. East Marion SCWA and Walter Gaipa SCTM# 1000-31-2-32.001 Dear Planning Board, c,hcr.4c in ~ Enclosed is our application for a lot-line change regarding .66 acres currently owned by the Suffolk County Water Authority. We are requesting approval to merge this property with our existing lot which we own and adjoins the SCWA land. We currently operate a wholesale herb business on our land and need the adjacent land for the future. Thank you for your consideration. Walter Gaipa Encl. Waiter Gaipa P. O. Box 247 East Marion, NY 11939 (516) 477-9713 March l, 1997 Planning Board Town of Southold Main Rd. Southold, NY 11971 re: .66 acres East Marion Dear Planning Board, Enclosed is my application and supporting documents regarding my lot line change with the Suffolk County Water Authority in East Marion. Upon completing the title search my attorney discovered severai covenants and restrictions that were apparently placed on the property when the Planning Board approved the originai project between the SCWA and Donna Wexler. I would like to request relief from these covenants and restrictions as the intended use is now different and would cause a severe hardship for us. Thank you for your consideration. )~Sincerely, ,/] Walter Gaipa Walter and Linell Gaipa P. O. Box 247 East Marion, NY 11939 Southold Town Planning Board Town Hall 53095 Main Rd. P. O. Box 1179 Southold, NY 11971 January 2, 1997 Dear Planning Board, My wife and I operate Marion Gardens Herbs at 540 Rocky Point Rd. in East Marion. We are growers of herbs that use no chemical pesticides and utilize organic growing practices. The Suffolk County Water Authority has agreed to sell us a small portion of the farm that they purchased from Donna Wexler. This parcel is adjacent to ours and in not needed by the SCWA for their project. We would use it for future expansion of our business. It is approximately 26,000 sq. fi. (See enclosed map.) We are requesting preliminary approval to proceed with a lot line change application. Thank you in advance for your cooperation. cerely, / Walter Gaipa WEXL. E~.. 930. SEP 1 7 '1996 APPROVED PLANNING BOA TOWN OF SOUTI- ~'~. OCT 3 0 1996