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HomeMy WebLinkAbout1000-32.-1-121,. No ~anitary dispersal facilities shall be installed or-constructed wi%hiA 100 feet of the shoz-eline of the property. 2. Approval of this subdivision shall be made subject to its meetlz the requirements and standards 0~' the Suffolk County De~a~ment of Health Services. 3. No residential structure shsl~ be locate~ within 50 feet of the shorel~ ne. of any lot shall be di~3char, ged directly into %ny of the ad~aeenl; 5, No lot may be subdivided or lot futu:re ~te unless autho~i~,ed by DIST. 1000 SEC. 032.00 BLK. 01.00 DOT p/o 012.000 GRANT OF SCENIC AND CONSERVATION EASEMENT and between GEORGE R. LATHA2~, JR., residing at Private Road, Orient, Town of Southold, Suffolk County, New York (the "grantor") and the TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its office at (No Number) Route 25, Southold, Suffolk County, New York (the "grantee"). WHEREAS, the grantor is the owner of a certain parcel of land consisting of 5.3 acres, more or less, of meadow located on the southwest side of King Street in the Hamlet of Orient, Town of Southold Suffolk County, New York, generally bounded northerly by Gid's Bay; easterly by Pete Neck Creek; southerly by Orient Harbor; and westerly by other lands of the grantor, said land being shown and designated on a certain map prepared by Roderick Van Tuyl, P.C. entitled, "Minor Subdivision made for George R. Latham, Jr. at Orient, Town of Southold, New York," dated April 2, 1981 and last amended August 10, 1981, and which parcel of land is more fully described in Schedule "A" hereunto annexed and made a part hereof, which are hereinafter referred to as "the premises", and WHEREAS, said premises constitute an area of natural scenic beauty and whose existing openess, natural condition, or present state of use, if retained would enhance the present potential value of abutting and surrounding properties and would maintain or enhance the conservation of natural and scenic resources; and ~'~EREAS, the grantor wishes to grant a scenic and conserva- tion easement to the grantee upon the premises; and WHEREAS, the grantee deems it to be in the public interest to acquire interests or rights in real property for the preservation of open space and areas to preserve the beauty and natural conditions of estuarine areas in the Town of Southold; and WHEREAS, Section 247 of the General Municipal Law of the State of New York provides that municipalities, including Towns, may acquire the fee or a lesser interest, development right, easement, covenant or other contractual right in and to real property necessary to achieve the aforesaid purposes; and WHEREAS, the grantee, in furtherance of the above policy and in accordance with Section 247 of the General Municipal Law wishes to accept the scenic and conservation easement hereby proffered by the grantor; and WHEREAS, a public hearing was held by the Town Board of the Town of $outhold after due notice thereof, with respect to the terms and conditions embraced herein, at which public hearing all interested parties were given an opportunity to be heard; NOW, THEREFORE, in consideration of One ($1.00) Dollar and other good and valuable consideration paid by the grantee to the grantor the receipt of which is hereby acknowledged, this agreement witnesseth that: 1. The grantor does hereby donate, grant, transfer and convey to the Town of Southold, a scenic and conservation easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the premises. 2. The nature, character and ~xtent of the easement hereby granted is as follows: (a) No dredging, excavating, or land fill operations shall be authorized or permitted in or on the premises, except as re- quired for agricultural purposes. (b) No development of any kind shall be permitted nor shall any commercial use except agricultural and horticultural uses be made of the premises. (c) No building or structures shall be placed or erected on the premises. (d) No gravel, sand, peat or other material, except salt hay or thatch shall be removed from the premises nor shall any sand, gravel or other materials be placed upon the premises; (e) No roadways or driveways shall be constructed on the premises except unimproved farm roads; (f) The grantee and its authorized agents shall have the right of inspection of the premises at any and all times during the term hereof. 3. The nature, character and extent of limitations on the within grant of easement are as follows: (a) Notwithstanding the provisions hereof, the premises shall remain at all times in the exclusive possession of the grantor. (b) All rights, interests and privileges of the grantor in the premises not herein specifically donated, granted, transferred and conveyed shall remain and reside with the grantor. 4. This agreement may be cancelled by the grantor upon sixty (60) days written notice to the grantee and upon payment to the grantee of a sum equal to three times the difference between the amount of real estate taxes paid or assessed against the premises in the year of such cancellation and the amount of real estate taxes that would be assessed against the premises in the year of such cancellation had the premises not been burdened with the provisions of this instrument, both computed in the tax year in which the cancellation shall take place. Upon payment of such sum, the grantee shall execute and deliver to the grantor a release of easement instrument in recordable form. 5. In the event that the grantor desires to dispose of the premises, or any part thereof, during the term of this agreement, or any renewal or extension thereof, by sale, the grantor shall give the grantee thirty (30) days notice of such proposed sale and the terms thereof. The grantee shall have the first option to acquire the premises within said thirty (30) day period on the same terms as any such proposed sale. 6. The failure of the grantee to insist upon the strict performance of any of the terms, conditions, covenants, or restrictions contained herein, shall not be deemed a waiver of any subsequent breach or default inthe terms, conditions, covenants or restrictions contained herein. 7. If the whole or any part of the premises shall be con- demned or taken by eminent domain, then this agreement shall forthwith cease from the date of title vesting in such proceeding. In such event the grantor shall be required to pay no penalties, nor shall the value of the premises be limited by this easement, nor shall any part of any award belong to the grantee. 8. The grantee covenants that to the extent legally per- missable, the valuation placed upon the premises for purposes of real estate taxation will be limited by the restriction of this scenic easement in accordance with Section 247 of the General Municipal Law of the State of New York. 9. Ail the covenants, easements and provisions of this conditions, reservations, restrictions agreement shall continue and remain in effect until the 22nd day of October , 1991, at which time all of the provisions hereof shall be automatically extended for successive periods of one (1) year, unless on or before the 22nd day of August 19 91, or sixty (60) days prior to the end of any such extension period, either party hereto shall by written instrument duly recorded in the Suffolk County Clerk's Office determine to terminate the same. 10. The burden of this easement shall run with the land and shall be binding upon the parties hereto, and their successors and assigns. George R. Latham, Jr. / TO~ OF SOUTHOLD STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On the ~-~--~ day of ~., 1981, before me personally came GEORGE R. LATHAM, JR., to me known to be the individual described in and who executed the foregoing instrument, and he acknowledged to me that he executed the same. STATE OF NEW YORK) COUNTY OF SUFFOLK) Ss.: Ndtarv Public JUDITH T. Notary Public, State of I~;c~v York No, 52-03~963 Suffolk Coun~ COmmission Expires ~arch 30, On the 20th day of October , 1981, before me personally came William R. Pell, III ., to me known, who, being by me duly sworn, did depose and say that he resides at AnKlets Road, Greenport, New York ; that he is the Supervisor of the TOWN OF SOUTHOLD, 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; and that it was so affixed by order of the Town Board of said municipal corporation and that he signed his name thereto by like order. L/NOtary Public JUDITH T. TERRY Notary Public. S~ate cf Hew York No. 52-0344963 3uf.'ilk Count~ Commission Expires ,~.ia,ch 30, --6-- SCHEDULE "A" BEGINNING at a point at the southwesterly terminus of a certain 25 foot private road and running along said line of private road North 18° 37' East, 25 feet; THENCE North 34° 00' East, 265 feet to the ordinary high water mark of Pete Neck Creek; THENCE southeasterly and then southerly along Pete Neck Creek 1050 feet; THENCE northwesterly along the shore of Orient Bay 400 feet, to a point; THENCE North 12° 52' 20" East 420 feet; THENCE North 71° 23' West, 107 feet to the point of BEGINNING. Containing 5.3 acres, more or less. -7- P T( D HENRY E. RAYNOR, ,lt.. Chairman x~'~g~x JAMES WALL BENNETT ORLOWSKI. Jr, GEORGE RITCHIE LATHAM, William P. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 September 24, 1981 Mr. G. Richie Latham, Jr. Peters Neck Point Orient, New York 11957 Dear Mr. Latham: At a regular meeting of the Southold Town Planning Board, Monday September 14, 1981 the following actions were taken: RESOLVED that the Suffolk County Planning recommendation #3 be amended to read: No residential structure shall be located within 50 feet of the shoreline, on the minor subdivision entitled G. Richie Latham, Jr. located in Orient. RESOLVED that the chairman be authorized to sign the amended map of the subdivision entitled G. Richie Latham, Jr. located in Orient, with agreement of the Suffolk County Planning recommendations and the restrictive covenant. In order that we may proceed with the signing of the map, would you submit, to our offibe, a final copy of the map which includes the restrictive covenant and the following six conditions: No sanitary disposal facilities shall be installed or constructed within 100 feet of the shoreline of the property. Approval of this subdivision shall be made subject to its meeting the requirements and standards of the Suffolk County Department of Health Services. No residential structure shall be located within 50 feet of the shoreline. No stormwater resulting from.the development and improve- ment of any lot shall be discharde directle into any of the adjacent bodies of water. (2) Sept. 24, 1981 No lot may be subdivided or lot line changed in any manner at any future date unless authorized by the Southold Town Planning Board. The above conditions shall be filed in the office of the County Clerk prior to or concurrent with the grant- ing of approval to this subdivision. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD P D HENRY E. RAYNOR. Jr.. Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM. Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 August 13, 1981 Mr. G. Ritchie Latham, Jr. Peters Neck Point Orient, New York 11957 Dear Mr. Latham: The following action was taken by the Southold Town Planning Board at their meeting on Fishers Island, August 12, 1981. RESOLVED to approve the minor subdivision of George R. Latham, Jr. located at Orient subject to the Suffolk County Department of Planning recommendations. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Linda KimmiDs, Secretary COUNTY OF SUFFOLK DEPARTMENt OF HEALTH SERVICES April 8, 1982 Mr. George R. Latham Box 25 Orient, New York 11957 Dear Mr. latham: he: Board of Review Hearing Proposed Minor Subdivision of Pete Neck Point, Situate Orient, (T) Southold At the hearing held on March 19, 1982 you had an opportunity to present your appeal of the department's ruling on the subject application. In accordance with the provisions of Section 220 of Article 2 of the Suffolk County Sanitary Code, the determination of the Board of Revie~ is as follows: Based on the information submitted, that the application be accepted under the following conditions: 1. A covenant will be placed in the deed stating that although the water supply well meets minimum drinking water requirements, the location and dept~ of the well may require_ treatment in the future and that ~he appli- cant is a~are of these conditions and is prepared to provide needed treat- llle~to 2. The method of constructing the leaching pools for these lots will be the installation first of well points to dewater the area of excavatian so that ail impervious material is remeved and backfiiled with suitable soil pricr to the installation of the leaching systems. Very truly yours, ~. Alda And~oli, P.E. Cha i m~an Scard of Review AA/iht: cc: ~ow)~ of ~outhold Planning Board COUNTY OF SUFFOL) DEPARTMENT OF HEALTH SERVICES DAVID HARRIS, M,D., M.P.~Io Feb~y 18, 1982 Mr. G~orge ~. Lath~m, Box 25 Orient, New York 11957 Proposed Minor Subdivision of Pete Neck Po~, S~e 0ri~, (T) $outhold Mr. Lath~m: Your application has been denied by the General Eng~ne~rin~ office because ~ do~ not meet the requ~eme~ of Article 6, Section 605 lb, Seetion 606 Id and 2c, of the Suffolk County San~ Code. A review of your ~se [~ been schedu~d at the Cou~y Cey~er building, Riv~rhead, in the Suffolk Cowry Depa~ent of Health S~rvices Conf~ence Room, 2nd floor, North Wing, on Ma~ch 19, 1982, at 2:30 p.m. You and/or interested pa~ are requ~s£ed to appel, w~h or without coun- sel, and you may produce any ~nformc~on or evid~ncz cone~ing the above ~fe~enced subdivision. V~y t~y you~, Al~o Andreo~, P.E. Chairman Board of Revi~ Mr. Joseph H. B~er Mr. Jam~ L. Corbin Mr. Royal R. Reynolds Mr. J~m¢~ P. Latham Mr. C h~l~ (516) 548-3317 HENRY E. RAYNOR. Jr,. Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM..Ir. William F. Mullen, Jr. Southold, N.Y, 11971 TELEPHONE 765- 19.38 October 15, 1981 Mr. G. Richie Latham, Jr. Peters Neck Point Orient, New York 11957 Dear Mr. Latham: On October 9, 1981, Mr. Roderick Van Tuyl delivered, to our office, six final maps which lists the six conditions of the board. In order for us to proceed with the chairman's signature, our office must have a copy of the filed convenant that is in the County Clerk's office. Thank you for your attention regarding this matter. If you have any questions please don't hesitate to call. Yours very truly, HENRY E. RAYNOR, JR. , CHARIMAN By~S u s an~ ~ .~qL o n~, ~ S~e ~e t a ry couNTy OF SUFFOLK DEPARTMENT OF PLANNING LEE E. KOPPELMAN September 3, 1981 Mr. Henry E. Raynor, Jr., Chairman Town of Southold Planni~ng Board Main Road Southold, N.Y. 11971 Re: Minor Subdivision - George R. Latham, Jr. Peter's Neck Point, Orient. Dear Mr. Raynor: The Suffolk County Planning Commission at its regular meeting on September_ 2, 1981, reviewed the proposed subdivision plat entitled, "Minor Subdivision - George R. Latham, Jr.", referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to approve said map subject to the following 6 conditions deemed necessary to help preserve the natural and aesthetic attributes of Orient Harbor, Pete Neck Creek, and Gid's Bay: 1. No sanitary disposal facilities shall be installed or constructed within 100 feet of the shoreline of the property. Approval of this subdivision shall be made subject to its meeting the requirements and standards of the Suffolk County Department of Health Services. 3. No residential structure shall be located within 100 feet of the shoreline. No stormwater resulting from the development and improvement of any lot shall be discharged directly into any of the adjacent bodies of water. 5. No lot may be subdivided or lot line changed in any manner at any future dated unless authorized by the Southold Town Planning Board. The above conditions shall be filed in the office of the County Clerk prior to or concurrent with the granting of approval to this subdivi- sion. Mr. Henry E. Raynor, Jr., Chairman Town of Southold Planning Board - 2 - September 2, 1981 ................................................................................ Very truly yours, Lee E. Koppelman Director of Planning Charles G. Lind, Chief Planner Subdivision Review Section File: CGL:jk Encl.: S-SD-81-14 Map Southold, N.Y. 11971 HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. NEGATIVE DECLARATION September 14, 1981 TELEPHONE 765-1938 Pursuant to Article 8 of the Environmental Censervation Law State Environmental Quality Review Act and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that $outhold 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 George R. Latham, located in Crient: The project has been determined not to have a significant ef- fect c.n the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adveise effects to the environment were likely to occur should the prcject be implemented as planned. Because there has been no response in the allotted time from the New York State Department of Environmental Ccnservation it is assumed that there is no objection nor comments by th~% agency. Applicant should be aware that a permit may be required because of the proximity to the wetlands. The Suffolk County Department of Health Services has indicated its agreement with the lead agency designation. It has reviewed the project and finds that there may be a problem with getting potable water due to nitrate con- tamination in the area. The project will meet all the requirements of the Code of the Town of Sc~utkcld Subdivision of Land Regulations. Further information can be obtained by contacting Mrs. Susan Long, Secretary, Southold Town PlanniDg Board, Main Road, Southold, New Ycrk 11971 (2) cc: Robert Flack, Com~issioner NYS - DEC Suffolk County Dept. of Health Services Suffolk Count~ Planning Commission George R. Latham William Pell, III, Town Supervisor P D Southold, N.Y. 11971 HENRY E. RAYNOR, Jr.. Chairma~ JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. NEGATIVE DECLARATION September 14, 1981 TELEPHONE 765-1938 Pursuant to Article 8 of the Environmental Censervation Law State Environmental Quality Review Act and 6NYCRR Part 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 George R. Latham, located in Crient: The project has been determined not to have a significant ef- fect cn the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant advers£ effects to the environment were likely to occur should the prcject be implemented as planned.~ Because there has been no response in the allotted time from the New York State Department of Environmental Conservation it is assumed that there is no objection nor comments by that agency. Applicant should be aware that a permit may be required because of the proximity to the wetlands. The Suffolk County Department of Health Services has indicated its agreement with the ~ead agency designation. It has reviewed the project and finds that there may be a problem with getting potable water due to nitrate con- tamination in the area. The project will meet all the requirements of the Code of the Town of Sc. utkcld Subdivision of Land Regulations. Further information can be obtained t,y contacting Mrs. Susan Long, Secretary, Southold Town Planning Board, Main Road, Southold, New Ycrk 11971 (2) Robert Flack, ComK~issioner NYS - DEC Suffolk County Dept. of Health Services Suffolk Countp Planning Commission George R. Latham William Pell, III, Town Supervisor COUNTY OF SUFFOL~ DEPARTMENT OF HEALTH SERVICES September 14, 1981 Mr. David DeRidder Associate Environmental Analyst New York State Department of Environmental Conservation Building #40, SUNY Campus Stony Brook, New York 11794 Re: Minor Subdivision of George R. Latham, Jr., Situate Orient, (T) Southold Dear Mr. DeRidder: I am in receipt of your letter, dated September 2, 1981, concerning the above. Prior to commenting on the water supply and sewage disposal facilities, we would normally request a test well (sampled by this Department) and test hole. In addition, this office is in agreement with your designation as lead agency. Very truly yours, Royal R. Reynolds, P.E. Public Health Engineer General Engineering Services RRR:cah cc: Southold Town Planning Board New York State Department of Environmental Conservation Regulatory Affairs Bldg. 40, SUNY - Room 219 Stony Brook, New York 11794 516-751-7900 Commissioner September 2, 1981 Southold Town Planning Boa~ M~ Road So~thold, NY 11971 Re: George R. Latham, Jr.-Minor Subdivision at 0~ent, New York ~tte~ion: Henr~ Ra~nor~ ehman Dear S~: The NYS Department of Environmental Conservation has received application(s) for Tidal ~e~lands Permit No. TWS78-0167. Pursuant to Article B of the Environmental Conservation Law, the project is defined in 6 NYCRR, Part 617, as an unlisted action. As such, coordinated review by involved agencies is optional. This Department has made a preliminary determination that the action will not sig- nificantly affect the enviormment and wishes to coordinate review to confirm this deter- mination. As an agency also involved in approving this action, you are hereby requested to indicate whether or not you agree with this Department's initial determination and as- sumed status of lead agency. Enclosed is a copy of our application(s) and Environmental Assessment Form (EAF). Also, please make known to this Department your concerns for this project so that our final determination of significance will reflect your views and recommendations. Please reply by September 16, 1981. Sincerely, David De Ridder Associate Environmental Analyst EnCo NEW YORK STATE DEPARTMENT OF ENVIRONMEN EONSERVATIONI APPLICATION FOI ERMIT ALBANY~ NEW YORK 12233 APPLICA] ION NO. Read instructions on back before completing this application. Please type or print clearly in ink. Use separate addenda and exhibits to provide all required data and explanations for which space on the form is inadequate. [] ARTICLE 15, TITLE 3 (CONTROL OF AQUATIC iNSECTS, WEEDS, OR UNDESIRABLE FISH) [] ARTICLE 15, TITLE 5 (PROTECTION OF WATERS) [] For the construction, reconstruction, or repair of a DAM or other impoundment structure. [] For the construction, reconstruction, or repair of any permanent DOCK, pier, or wharf; and any dock, pier, or wharf, built on openwork supports, which has a top surface area of more than 200 square feet. [] For the disturbance of a STREAM BED or excavation in or fill of navigable waters. [] ARTICLE 15, TITLE 15 [] WATER SUPPLY [] LOi~G ISLAND WELL [] ARTICLE 24 (FRESHWATER WETLANDS) [] permit [] Letter of Permission [] ARTICLE 25 (TIDAL WETLANDS) 2. APPLICANT IS A/AN J~lndividual [] Partnership [] AssoclatiCn [] Corporation [] Municipality [] Governmental Agency 3. NAME & TITLE OF OFFICIAL SIGNING APPLICATION STREET ADDRESS '~i7 ~P.O. BOX t~ ~ ~ z ~:,~,~.~/~ POST OFFICE STATE 4. NAME & ADDRESS OF OWNER (If not applicant) STATE /"4~/~'/ ZIPCODE / / /' 7 5. PROJECT LOCATION: a) City or VillaRe of NAME OF STREAM OR OTHER WATER BODY: (If appropriate; if un-named, show on Town f ': map- See .em b) S~cific project site or area is marked on U.S.G.S. or equivalent ma attached as Exhibit No. 7.PROPOSED~ Public USE:~mmercialPrivate [ 8. P~OPOSED STARTING DATE: 9. APPROXIMATE COMPLETION DATE 11. PROJECT D[SCRIPTION; (Feet ¢ rip-rap new channel; cubic yards of material to be removed; drai,i,8, dredging, filli.8, and I~at)on of/disposal sites; ty~ of structure to be in,ailed; height of dam; size ¢ impou.dme~t; capacities ¢ proposed water sources; extent of distributi~ system; otc.) ,' : ' '/ ' ':, _ff ' J G. WILL PROJECT UTILIZE STATE OWNED LAND? [] Yes ,,~N o il0. FEE OF $ ENCLOSED 12. This project will require the following additio~al permits, applications for which are the responsibility of others: [] DAM [] DOCK [] STREAM DISTURBANCE [] SPDES/NPDES [] WATER SUPPLY [] L. I. WELLS [] FRESHWATER WETLANDS [] TIDAL WETLANDS 13. NAME AND ADDRESS OF OFFICIAL NEWSPAPER OF LOCALITY WHERE PROPOSED WORKS ARE LOCATE, D: / 14. IS ANY PORTION OF THE ACTIVITY FOR WHICH A PERMIT IS SOUGHT NOW BEGUN OR COMPLETE~ [] Yes ~No If "YES", explain in addenda, giving reasons and dates, and sho',~ existing work on drawings or map. ~, -" 15. CERTIFICATION: ,L'~ , I hereby affirm under penaJty of perjury that information provided on this form and all attachments submitted here- with is true to the best of my knowledge and belief. Fa[se statements made herein are punishable as a Class A misdemeanor pursuant to Section 2t0.45 of the Penal Law. As a condition to the issuance of a permit, the applicant accepts full legal responsibility for all damage, direct or indirect, of whatever nature, and by whomever suffered, arising out of the project described herein and agrees to indemnify and save harmless the State from suits, actions, damages and costs of every name and description resulting from the sajd project. D SIGNATURE 95-19-2 (4/80) --SEE REVERSE SIDE-- INSTRUCTIONS 1. Prepare and submit four (4) copies of this application. Use typewriter or print clearly in ink. 2. Submit with the application three copies of a drawing showing location and extent of work to be done. 3. Applications by counties, cities, towns and villages shall be signed by the chief executive officer thereof or the head of the department or agency undertaking the project. 4. lhe applicant may be required to publish a "Notice of Application" as provided by the Regional Permit Administrator. 5. If other than owner makes application, written consent of the owner must accompany application. 6. Acceptance of a permit subjects permittee to restrictions, regulations or obligations stated in application and/or permit. 7. If a public hearing is necessary, the applicant may be required to furnish the names and addresses of all adjacent landowners and all known claimants to water rights. 8. Applications for the construction, reconstruction or repair of a dam or other impoundment structure must be accompanied by Supplement INFORMATION Application for permit to the New York State Department of Environmental Conservation is authorized by Environmental Conservation Law, Article 15 (Title 3 - Control of Aquatic Insects, Weeds, or Undesirable Fish; Title 5 - Stream Protection; Title 15 - Water Supply), and Article 24 (Freshwater Wetlands). N.Y.S. DEC Region 1 Bldg. 40 - Rm. 219 SUNY at Stony Brook Stony Brook, N. Y. 11790 Attn: Regional Permit Administrator (516) 751-7901 N.Y.S. DEC Region 4 Region 4 Office Stamford, N. Y. 12167 Attn: Regional Permit Administrator (607) 652-7364 N.Y.So DEC Region 7 P. O. Box 1169 Fisher Avenue Cortland,'N. Y. 13045 Attn: Regional Permit Administrator (607) 753-3094 N.Y.S. DEC Region 2 2 World Trade Center 61st Floor New York, N. Y. 10047 Attn; Regional Permit Administrator (212) 488-2758 N.Y.S. DEC Region 5 Rt. #86 Ray Brook, N. Y. 12977 Attn: Regional Fermit Administrator {518) 891-1370 N.Y.S. DEC Region 8 P. O, Box 57 Avont N. Y. 14414 Mtn: Regional Permit Administrator (716) 226-2466 N.Y.S. DEC Region 3 21 South Putt Corners Road New Paltz, N. Y. 12561 Attn: Regional Permit Administrator (914) 255-5453 N.Y.S. DEC Region 6 State Office Building 317 Washington Street Watertown, N. Y. 13601 Attn: Regional Permit Administrator (315) 782-0100 N.Y.S. DEC Region 9 584 Delaware Avenue Buffalo, No Y. 14202 Attn: Regional Permit Administrator (716) 842-5828 COUNTY OF SUFFOLK DEPARTMENT OF PLANNING LEE £. KOPPELMAN DIRECTOR OF PLANNING September 3, 1981 Mr. Henry E. Raynor, Jr., Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 Re: Minor Subdivision - George R. Latham, Jr. Peter's Neck Point, Orient. Dear Mr. Raynor: The Suffolk County Planning Commission at its regular meeting on September 2, 1981, reviewed the proposed subdivision plat entitled, "Minor Subdivision - George R. Latham, Jr.", referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to approve said map subject to the following 6 conditions deemed necessary to help preserve the natural and aesthetic attributes of Orient Harbor, Pete Neck Creek, and Gid's Bay: 1. No sanitary disposal facilities shall be installed or constructed within 100 feet of the shoreline of the property. Approval of this subdivision shall be made subject to its meeting the requirements and standards of the Suffolk County Department of Health Services. 3. No residential structure shall be located within 100 feet of the shoreline. No stormwater resulting from the development and improvement of any lot shall be discharged directly into any of the adjacent bodies of water. 5. No lot may be subdivided or lot line changed in any manner at any future dated unless authorized by the Southold Town Planning Board. The above conditions shall be filed in the office of the County Clerk prior to or concurrent with the granting of approval to this subdivi- s ion. SHORT ENVIRONMFNTAL ASSESSMENT FORM Appe ~ Jix B Part 617 Project Title: Location: I D Number: INSTRUCTIONS: ( a ) In order to answer the questions in this short EAF it is assumed that the preparer will use currently ava.able information concernin§ the project and the likely impacts of the action. It is not expected that additional s[udies, research or other investiaations will be undertaken. ( b ) If any question has been answered Yes, the project may have a sianificant effect and the full E. nvironmenta! Assessment Form [s necessary. Maybe or Unknown answers should be considered as Yes answers. i c ) If all questions have been answered No it is likely that this project will not have a si§nificant effect. ( d ) If additional space is needed to answer the questions, please use the back of the sheet or provide at- tachments as required. ENVIRONMENTAL ASSESSMENT t. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? 2. Will there be a major change to any unique or unusual land form found on the site? 3. Will project alter or have a large effect on an existing body of water? 4. Will project have an adverse impact on groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. Will project affect any threatened or endangered plant or animal species? 7. Will project result in a major adverse effect on air quality? 8. Will project have a major effect on the visual character of the community or scenic views or wstas Known to be important to the community? 9. Will project adversely impact any site or structure of historic, prehistoric, or paleontological im- portance o~ any site designated as a Critical Environmental Area by a local agency? 10. Will project have a major adverse effect on existing or future recreational opportunities? 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Is project non-farm related and located within a certified agricultural district? as a result of the project's operation? 14. Will project have any adverse impact on public health or safety? 15. Will project affect the existing community by directly causing a growth in permanent population the community or neighborhood? 16. Is there publlc controversy concerning any potential impact of the project? FOR AGENCY USE ONLY Pre p arer's Signature: Preparer's Tide: Date: Mr. Henry E. Raynor, Jr., Chairman Town of Southold Planning Board - 2 - September 2, 1981 Very truly yours, Lee E. Koppelman Director of Planning Charles G. Lind, Chief Planner Subdivision Review Section File: S-SD-81-14 CGL:jk Encl.: Map HENRY E. RAYNOR, 3r..Cha~rma~ FREDERICK E, OORDON JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. T D S ' Y Southold, N.Y. 11971 Suffolk County Planning Commission Veterans Memorial Highway Houppouge, New York 11787 Gentlemen: Pursuant to Section 1333, Article XlII of the Suffolk Charter, the Southold Town Planning Board hereby refers the followin~ nroDosed final plat to the Suffolk County Planning (Mop of) (Minor Subdivision) George R. Latham, Jr. Hamlet Orient Tax Parcel Identifier No. 1000 032 1 12 Material Submitted: Minor Subdivision Class A(3 copies) x Class B Major Subdivision (3 copies) Preliminary Map (1 copy) ; Topographic Map Drainage Plan (1 copy), ; Street Profiles (1 Grading Plan (1 copy) ; Planning Board Res. Other material (specify and give number of copies) (2 copies) (1 copy) copy)_ (1 copy) TELEPHONE 765- 1938 County Commission: Waiver of Subdivision Requirements - See attached sheet Comments; x Very truly yours, Henry E. Raynor, Jr., Chairman WAIVER OF SUBDIVISION REQUIREMENTS (Map of) (Minor Subdivision-) Hamlet or Village Orient George R. Latham, Jr. Town Southold The following items normally required as part of the subdivision applica- tion have been waived. Check, as required. Preliminary Map x Street Profiles Other (describe) x Topographic Map x Drainage Plan x Grading Plan x Lands'cape Plan x 1) Minor Subdivision a) Not required by subdivision regulations b) c) x Subdivision of lot on an existing improved filed map Other (describe) 2) Major Subdivision a) No new drainage structures and no changes in existing drainage proposed x b) No new roads and no changes in existing roads proposed c) No major site clearing and grading proposed x d) Other (describe) x e COUNTY OF SUFFOLKI~) DEPARTMENT OF HEALTHSERVICES DAVID HARRIS, M.D., M,P.H. COMMISSIONER July l, 1981 Mr. Henry E. Raynor, Jr. Chaiman Southold Town Planning Board Southold, New York 11971 RE: Minor Subdivision of Pete Neck Point at Orient (T) Southold Dear Mr. Raynor: I am in receipt of your letter dated June 10, 1981. We agree wi th your determination of lead agency status. Prior to commenting on the water supply or septic system, a test well and a determination from State DEC concerning wetlands would be necessary. If you have any further questions, please do not hesitate to contact this office. Very truly yours, Royal R. Reynolds, P.E. Public Health Engineer General Engineering Services RRR:ljr LegM Notices LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Sec- tion 276 of the Town Law, public hearings will be held by the Soutbeld Town Planning Board at the Town Hall, Main Road, Southold, New York, in said town on the 13th day of July, 1981, on the question of the following: 7:30 p~m. Approval of the minor subdivision of George R. Latham, Jr. located at Pete Neck Point in the Town of Southold, County of Suffolk and State of New York and bounded and described as fol- lows: BEGINNING at a concrete monument set on the south- westerly line of a certain 25 foot private road at the north- easterly corner of land of M. L. Strachan, and running thence along said line of said private road southeasterly 250 feet, more or less; thence along the southeasterly term- inus of said private road N. 71 ° 23' W. 72 feet and N. 8~° 15' 30" W. to a point at the southeast- erly corner of land of Ann L. Bliss. Thence N. 22° 56' 40" E. 250 feet, more or less, to the ordinary high water mark of Pete Neck Creek; thence southeasterly and then south- erly along said Pete Neck Creek 1250 feet, more or less, thence northwesterly along the shore of Orient Bay 800 feet, more or less, to said land of M. L. Strachan, thence along the last-mentioned land N. 16' 26' 30" E. 280 feet, more or less, to the point uf BEGINNING. Con- taining 6.62 acres, more or ]ess. 7:45 p.m. Approval of the minor subdivision of Nicholas Fontaua located at Mattituck in the Town of Southold, Coun- ty of Suffolk and State of New York bounded, and described as follows: BEGINNING at a point on the easterly side of Cox's Neck Road said point distantly ap- proximately 201 feet north of Meday Avenue, thence along the easterly line of Cox's Neck Road N. 12' 43' 30" W. 375.68 feet to the land now or former- Iv of Eliezer A. & Miriam Bella Frankin, thence along said lands N. 64° 57' 40" E. 653.42 feet to the Mattituck Creek, thence along the Matti- tuck Creek S. 46° 42' 00" E. 101.80 feet, thence S. 36° 17' 00" E. 115.20 feet, thence S. 19' 51' 00" E. 188.00 feet to the Map of Tollewoed, thence along the Map of Tollewood S. 30' 33' 00" W. 116.27 feet, thence S. 72° 11' 00" W. 112.00 feet, thence S. 72° 54' 10" W. 575.04 feet, to the easterly side of Cox's Neck Road and the point or place of BEGINNING. Any person desiring to be heard on the above matter should appear at the time and place above specified. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD HENRY E. RAYNOR, JR., CHAIRMAN 1TJy2-3721 ..... being duly Sworn, disher of ~he SUFFOLK ~ed ~rt Greenport0 in said ~he ~nnexed is u printed Suffolk Week~ Times ................ weeks 1 I .......... HELEN I~. DE VOE NOTARY PUBLIC, Stale of New York No. 470787& Suffolk Count]~ Term Expires March 30, HENRY E RAYNOR..T~',, Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. TO D S Southold, N.Y. 11971 TELEPHONE 765 - 1938 June 10, 1981 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, New York 11974 Gentlemen: Enclosed find completed short Environmental Assessment Form and copy of the map of the minor subdivision of Pete Neck Point at Orient, Town of Southold for George R. Latham, Jr. This project is unlisted and an initial determination of non-significance has been made. We wish to coordinate this action to confirm our initial determination in our role as lead agency. May we have your views on this matter. Written comments on this project will be received at this .office until June 22, 1981. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Enviornmental Quality Review Act. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD B~ Linda Kimmins, Secretary Copies sent to SuffOlk County Dept. of Health Services George R. Latham, Jr. preparer of applicant, Petes Neck Point, Orient, New York 11957 LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York, in said town on the 13th day of July, 1981, on the question of the following: 7:30 p.m. Approval of the minor subdivision of George R. Latham, Jr. located at Pete Neck Point in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a concrete monument set on the southwesterly line of a certain 25 foot private road at the northeasterly corner of land of M. L. Strachan, and running thence along said line of said pri- vate rcad southeasterly 250 feet~ more or less; thence along the southeasterly terminus of said private road N. 71° 23' W. 72 feet and N. 88© 15' 30" W. to a point at the southeasterly corner of land of Ann L. Bliss. Thence N. 22© 56' 40" E. 250 feet, more or less, to the ordinary high water mark of Pete Neck Creek; thence southeasterly and then southerly along said Pete Neck Creek 1250 feet, more or less, thence northwesterly along the shore of Orient Bay 800 feet, more or less, to said land of M. L. Strachen, thence along the last-mentioned land N. 16° 26' 30" E. 280 feet, more or less, to the point of BEGINNING. Containing 8.62 acres,.more or less. 7:45 p.m. Approval of the minor subdivision of Nicholas Fontana located at Mattituck in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the easterly side of Cox's Neck Road said point distantly approximately 201 feet north of Meday Avenue, thence along the easterly line of Cox's Neck Road N. 12© 43' 30" W. 375.68 feet to the land now or formerly of Eliezer A. & Miriam Bella Frankin, thence along said lands N. 64© 57' 40" E. 653.42 feet fo the Mattituck Creek, thence along the Mattituck Creek S. 46© 42' 00" E. 101.80 feet, thence S. 36© 17' 00" E. 115.20 feet, thence S. 19© 51' 00" E. 188.00 feet to the Map of Tollewood, thence along the Map of Tollewood S. 30© 33' 00" W. 116.27 feet, thence S. 72© t1' 00" W. 112.00 feet, thence S. 72© 54' 10" W. 575.04 feet, to the easterly side of Cox's Neck Road and the point or place of BEGINNING. 8:00 p.m. Approval of the minor subdivision of George and Jane Toumanoff located at Mattituck in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a monument set on the northerly line of Mill Road 804.58 feet westerly along said line from the westerly line of Reeve Road; running thence along said northerly line of Mill Road, three courses: (1) S. 68© 14 (2) S. 83© 31 (3) N. 57© 48 ToumanQff & others, (1) N. 17© 09 (2) N. 77© 54 (3) S. 12© 05 (4) S. 17© 44 (5) S. 72© 15 (6) Krupski; ' 50" Wo - 304.46 feet; thence ' 10" W. - 146.16 feet; thence ' 50" W. - 252.76 feet; thence along land of six courses: 10" E. - 355.07 feet; thence 50" E. - 250.0 feet; thence 10" E. - 85.0 feet; thence 40" W. - 92.16 feet; thence 20" E. - 87.43 feet; thence N. 77© 54 50" E. 170.0 feet to a monument and land of thence along said land of Krupski, S. 12© 50' 10" E. - 241.0 feet to the point of BEGINNING. Containing 4.927 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD HENRY E. RAYNOR, JR., CHAIRMAN PLEASE PUBLISH ONCE, JULY 2, 1981 AND FORWARD THREE AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD, SOUTHOLD, NEW YORK 11971 Copies mailed to the following on June 24, 1981: The Suffolk Times George R. Latham, Jr., preparer of applicant Nicholas Fontana, preparer of applicant John Wickham, agent for George and Jane Toumanoff Supervisor William R. Pell, III 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 15 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 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 ................................................... 3.The entire land under application is deserlbed in Schedule "A" hereto annexed. (Copy o{ deed suggested.) 4.The land is held by the applicant under deeds recorded in Suffolk County Clerk's offk:e as follows: Liber .... ..~...~...~...-~.. ........ Page .....~../...'~. ........... On ..'~...~....../.?.:..(.~.?...~; Liber ... .......... Page.. .7.. ....... On Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; Liber ........................ Page ...................... On ........................ ; as devised under the Last Will and Testament of ........................................ or as distrlbutee ........................................................................ 5. The area of the land is ......... 7 ..... acres. 6. All taxes which are liens on the land at the date hereof have been._pai.d except .......... ....... ~,~c~' 3~. ~fS~/)' ~ ...... 7. The land is encumbered by ................................ ./. .............. /. ............. mortgage (s) as follows: (a) Mortgage recorded in Liber ............ Page .................... in original amoun~ 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 ~n the following zon~g use districts . fd ..... (.~.~:~.~(~ .... ~ d~ ,,(~/~_,,~ I0. No part of the land lies under water whether tide water, stream, pond svater or otherwise, ex- cept ................................................................................... 11. The applicant shall at his expense install ali required public improvements. 12. The land, (does)~e~ -~) lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is .............................................................. 13. Water mains will be lai,d 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 wilt be installed by ............................................................ and (a) (no) charge will be made 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 sho~vn on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land wh&h are not located and shown on the plat. 19. Where the plat shows proposed streets xvhich are extensions 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 conjunct~ns with the proposed streets. 20. In the course of these proceedings, 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 showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $ .......... as itemized in Schedule 'E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ............ years. The Performance Bond will be written by a license8 surety company unless otherwise shown on Schedule "F". D^T ...... ........... .... ~(Name o~Applicant ) (Signature and Title) ..~..~ .rC...o.~.~...~..p....*.- .~.~ ........... (Address) STATE OF NEW YORK, COUNTY OF.... ...... j ~.~..d~..~.~..~?~., ~ .~.~..~.'~.~. ;. 'o me kno to be the individual described in and executed the foregoing instrument, and acknowledged that .. ~... executed the same. ~U~ TOL~ STATE OF NEW YORK, COUNTY OF .................................. ss: On the .................. d~ay .............. of ........... 19 ....... before me personally came ................................................ to me known, who being by me duly sworn did pose and say that ............ resides at No ..................................................... ................................................ that .......................... is the .......... the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corpor- ation, and that ............ signed ............ name thereto by like order. Notary Public TOWN OF SOUTHOLD SHORI~II~NVIRoN~ENTAL ASSESSMENT F~ INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer wiII use currentiy avaiiabie information concerning the project and the iikeIy impacts of the action. It is no~ expected that additionai studies, research or other investlga%ions will be undertaken. (b) I~ any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) If aII questions have been answered No it is Iikely that project is not significant. (d) Environmentai Assessment I. Will project resuIt in a large phystcai change to the project site or physicaiiy alter more than iO acres of land? ....................... Yes 2. WiII there be a major change to any unique or -unusuai Iand form found on the site? ......... YesI/No 3. WiI! project alter or have a large effect on existing body o~ water? ...................... Y~s o 4. Wiii project have a potentiaiIy iarge impact on groundwater quaIity? ...................... Yes l~No 5. Wii! project signlficantIy effect drainage fIow on adjacent sites? ...................... __Yes ~0 6. Wiii project affect any threatened or endangered piant or animaI species? .......... __Yes o 7. Wiii project resuIt in a major adverse effect on air quaiity? ............................... Yes o 8. Will project have a major effect on visuai character of the community or scenic views or vistas known to be important to the community?__Yesl~No 9. Will project adverseIy impact any si~e or structure of historic, prehistoric or paieontologicaI importance or any Site designated as a criticaI envlronmenta! area by a locai agency? ............ -.:..-~.~-,.*".... Yes ~'No IO. WiIi project have a major effect on existing or future recreationaI opportunities? ......... Yes o il. WiII project result in major traffic probIems or cause a major effect to existing transportation systems? ....................... Yes o i2. WiIi project reguiariy cause objectionabIe odors, noise, gIare, vibration, or electrlcaI disturbance result of the project' OS O S operotlon? .................................... __Yes ~o ~3. Wil~ project hove any impact on pub~ic heo~th or safety? .................................... __Yes Wi~! project affect the existing community by dlrect~y causing o growth in permanent population of more than ~ percent over o one year period or have o major negative effect on the character o~ the community or Yes I~No neighborhood? .................... __ project? ...................................... __Yes PREPARER'S SI~NATURE~~c. ~~ Southold Town Planning Board Town Hall Southold, New York 11971 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. Yours truly, r' r [! RECEIVED BY' SOIJTHO~ TOWN P~NING ~,"~ / I-C'? - II RECEIVED BY SDUIHOIJ) IOWN PLANNIN~ 80ARD 0 0 --'- ~ ,'".,,', ,4 Jr") ' ,'," .............. /--'-'~ t ' 'L "~ ': FILE HO. 5-5D-81- I~ SUFFOLK 00. PLANNIN~ OEP1 SUB,D REVIEW SEOTION The subdivision of this parcel, as ~roposed, has been approved by the Suffolk County Planning Comission subject to 6 conditions deemed neees- mary to help preserve the natural and aesthetic Refer to letter for conditions. %,,, cD ,~,/ ~. a/ V' _¢9 ~, ooo lO 0