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1000-86.-4-1.7
7- 1 �l1 SITE �; gyp• Z\ V5 0 iLO � Ir r D m .�5' KEY MAP l � • Scale, 1" = 600' 5 t0 lit �• 0CL 0 o 1.0 Z 1'0 5°2 90 on N 0 o • IN 7- a, 00' o r' 1.0 O G `" LOT LINE CHANGE .00 . , _ 66.0 U` '� �G , Z g 1.0 11. "y 6ti " IO1. 0 cn o 50s4• 013:(0. FOR m ? 5`'� � � °° 5FREDERICK BERNARD/NE .� �• � � � � BA USER o = A T PECONIC 10 1 ° TOWN OF SOU THOL D A DECLARA TION OF COVENANTS AND RESTRICT/ONS �- " W' 0 HAS BEEN FILED I/V THE OFF/CE WHICH AFFECTS TSFOLPL K COUNTY CLERKS 0 '"�a ti� 6r6.00'°° �Q� SUFFOLK COUNTY, N. Y. \ 5 1000 - 86 - 04 - 17 & 1.9 Scale: 1" - 100' \ Oc t. 11 1995 Town of Southold Covenants&Restrictu�onv APPROVED BY us11 j 4 t5 PAG5 THIS IS TO CERTIFY THAT THIS LOT LINE CHANGE PLAT PLANNING BOARD HAS BEEN APPROVED BY THE PLANNING BOARD OF THE TOWN OF SOUTHOLD BY RESOLUTION OF TOWN OF SOUTHOLD TOTAL AREA = 75,870 SCT f t APPROVAL DATED or 17417 Acres BY DATE DATE /Q+���/� CHAIRMAN, PLANNING BOARD KSpioaunnini LOT NUMBERSARE REFERENCED TO `SUBD/V/S/ONMAP OF PECONIC BAY COVE AND FILED IN THE I HEREBY CERTIFY THAT THIS MAP WAS MADE BY MEOFFICE OF THE SUFFOLK COUNTY CLERK ON FROM ACTUAL SURVEYS COMPLETED OCT. /0, /995 `� �t:�� T. AAAI � 9 2015 MARCH 4, 1983 AS MAP NO. 7159 AND THAT ALL CONCRETE MONUMENTS SHOWN THUS+ - - FEXISTA1�7 THAT T IR POSITIONS ARE CORRECTL Y .SHOWN =,:' z thod TOMN.Y.S. L1C. 496/8 �' g Board PECONIC SURVEYORS, P.C. (516) 765 - 5020 P. 0. BOX 909 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 ,r' - 9RP OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) '� � Southold, NY � Telephone: 631 765-1938 www.southoldtowuny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 8, 2015 Frederick and Bernardine Bauser 450 Indian Neck Lane Peconic NY 11958 Re: Final Approval - Proposed Lot Line Modification for Frederick and Bernardine Bauser Located on the west side of Indian Neck Lane, 457' south of Main Road, in Peconic SCTM#1000-86-4-1.7 & 1.9 Zoning District: AC Dear Mr. and Mrs. Bauser: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, December 7, 2015: WHEREAS, this proposed Lot Line Change will merge a 0.56 acre parcel, SCTM#1000-86-4- 1.9, with a 1.17 acre parcel, SCTM#1000-86-4-1.7, creating a 1.74 acre parcel in the AC Zoning District. The Peconic Bay Cove Subdivision, approved in 1982, designated SCTM#1000-86-4-1.9 as a Park and Playground lot. This Lot Line Change includes a proposal to re-designate SCTM#1000-86-4-1.9 from a Park and Playground lot to a Scenic Easement; and WHEREAS, on November 8, 1982, the Southold Town Planning Board approved a subdivision entitled Peconic Bay Cove. The approved subdivision map identifies SCTM# 1000-86-4-1.9 as a Park and Playground Area; and WHEREAS, the taxes were not paid for the Park and Playground lot and this lot was ultimately given up for tax default to Suffolk County in 1990; and WHEREAS, in 1995, Suffolk County sold the lot to the applicants who own the adjacent parcel to the east (SCTM#1000-86-4-1.7); and WHEREAS, in 1995, the applicants submitted a Lot Line Modification Application proposing to merge lots 1.7 and 1.9 and change the Park and Playground designation to a Scenic Easement. The Planning Board, at that time, granted Conditional Final Approval. The conditions, however, were never fulfilled and the application subsequently expired; and Frederick & Bernardine Bauser f 21 December 8, 2015 WHEREAS, on January 10, 1995, the Planning issued a Negative Declaration on the action; and WHEREAS, on February 7, 1995, the Planning Board issued Conditional Final Approval with the following conditions: 1. Six Final Plats and two Mylars must be submitted. All maps must contain the following: a. A notation that a Declaration of Covenants and Restrictions was filed pertaining to the lot line change. The notation must include the liber and page number of the filed document. b. The maps must be drawn at a scale of 1" equals 100' as noted in the Conditional Sketch Approval. 2. The Declaration of Covenants and Restrictions required by the Planning Board must be recorded. A copy of the recorded document must be submitted. 3. The new deed for the entire 75,870 sq. ft. parcel must be submitted. The deed must note that a Declaration of Covenants and Restrictions has been filed for the property; and WHEREAS, on October 31, 1995, the Declaration of Covenants and Restrictions was filed with the Office of the Suffolk County Clerk with the Liber and Page Number 11748 and 212 respectively; and WHEREAS, the filed Declaration of Covenants and Restrictions states that Southold Town Planning Board has agreed to change the lot line to merge Lot 1.9 with Lot 1.7 and remove the Park and Playground designation from Lot 1.9 and replace it with a Scenic Easement designation provided that the following are imposed: 1. There shall be no further subdivision of the 75,870 square foot parcel in perpetuity. 2. All structures, including visually impeding fences (for example, stockade type fences) shall be prohibited in the 24,720 square foot Scenic Easement; notwithstanding anything herein to the contrary, non-visually impeding fence such as "post and rail" fence shall be permitted in the 24,720 square foot Scenic Easement. 3. Clearing and grading in the Scenic Easement shall be limited to that is necessary for proper maintenance and removal of diseased, decayed or dead material and noxious plant species; and WHEREAS, on October 29, 2015, the applicant submitted a request to continue with the uncompleted application and the items required as per the 1995 Conditional Final Approval; and Frederick & Bernardine Bauser j31 December 8 2015 WHEREAS, on November 6, 2015, the Planning Board reviewed the application and found that additional items were needed; and WHEREAS, on November 23, 2015, the applicant submitted the additional items needed; and WHEREAS, on December 7, 2015, the Planning Board reviewed the submitted items and agreed to continue the application as conditionally approved in 1995; and WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56, Waivers of Certain Provisions, may waive certain elements of the subdivision review if in its judgment they are not requisite in the interest of the public health, safety and general welfare. After reviewing the information submitted for this application, the Planning Board has determined that it is eligible for a waiver of the Environmental Resources Site Analysis Plan (ERSAP), the Primary and Secondary Conservation Area Plan, the public hearing, and the Sketch Plan and Preliminary Plat steps of the subdivision process for the following reasons: 1. No new lots are being created; 2. No changes will occur as a result of this Lot Line Change that would adversely affect the character of the neighborhood; and WHEREAS, pursuant to the Lot Line Modification Policy set by the Planning Board in February 2011, this application is eligible for a decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) as it meets the following criterion set forth in that policy: • where no new development potential will be created in the parcel to which the land is transferred; and WHEREAS, on December 7, 2015, at their Work Session, the Planning Board determined that the proposed action meets all the necessary requirements of Town Code §240-57 for a Lot Line Modification; be it therefore RESOLVED, that the Southold Town Planning Board hereby waives the requirements of Town Code §240 to submit the ERSAP, Primary and Secondary Conservation Plans, Sketch Plan and Preliminary Plat steps; and be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirement for SCDHS approval prior to Planning Board approval of this Lot Line Modification; and be it further RESOLVED, that the Southold Town Planning Board grants Final Approval on the maps entitled "Lot Line Change for Frederick & Bernardine Bauser", prepared by John T. Metzger, Land Surveyor, dated October 11, 1995 and authorizes the Chairman to endorse the map. Upon endorsement of the Final Plat by the Chairman, the Mylars and paper prints must be picked up at this office and the Lot Line Change Map filed with the Suffolk County Clerk as a miscellaneous map by the applicant within 62 days of the date of Final Plat Approval, or such approval shall expire. Final Plat Approval shall be determined in accordance with §276 of the New York State Town Law. Frederick & Bernardine Bauser 141 December 8, 2015 Please submit a copy of the recorded deed to the Southold Town Planning Department within 62 days of the date of Final Approval, or such approval shall expire and be null and void. Please Note: The Southold Town Planning Board, in waiving the requirement for SCDHS approval prior to their own approval, is simply waiving a technical requirement of Final Plat Approval under the Town Code and makes no representations as to whether SCDHS approval is required. SCDHS approval of this Lot Line Change may be necessary to be in compliance with the Suffolk County Sanitary Code and to be eligible for future construction or renovations. If you have any questions regarding the above, please contact this office. Very truly yours, OaQ Donald J. Wilcenski Chairman Encl.: Endorsed Final Plat(s) cc: Assessors I understand that Southold Town Planning Board approval of this Lot Line Modification does not grant, guarantee or waive an approval, if required, from the Suffolk County Department of Health Services (SCDHS). I understand that I will need to apply separately to the SCDHS for any applicable approvals. H Signature of Applicant or Agent Print Name Submission Without a Cover Letter """ 01,, f �. �� ,�,���fi � 71".1111-11i 1 ti..Ji p.� llaumufln �ow'°�d Sender: Subject: Cbi- (/\k C"Cre SCTM#: 1000 - 8(0 - Date: co _Date: I-a-I I S Comments: o CV�Ci�o C�vCA J C % C� (\AiS C \-/Ice Liber '. la �dyy J)Ck�� COG y SUFFOLK COUNTY Map Department DATE & TIME RECEIVED: Ick lttlz CONTACT NAME & PHO N E NO.: Zle(oardloc- &usec (61tv )q� 9 9 0 Y MAP NAME: Paid � �� :. MAI PICK UP CASH M.O. CHK. OFF. I CHRG. I N_0_C_H_R_G_.T R.A. COPIES Circle Applicable Choice(s) FILING FEE SUBMITTED FILED MAPS $10.00 MYLAR: PAPER: r CERTIFIED @$5.00 EA. CONFORMED @$5.00 EA. ^ .. MISC. MAP - 904- $10.00 MYLA PAPER: .. .. CERTIFIED @$5.00 EA. CONFORMED @$5.00 EA. .--- J� CONDOMINIUMS $10.00 PER PAGE SITE PLANS: :` PAPER. FLOOR PLANS: MYLAR: PAPER: s CERTIFIED @$5.00 EA. CONFORMED ~; @$5.00 EA. X ABANDONMENTS $10.00 EA. CERTIFICATE OF-ABANDONMENT: ABSTRACT OF ABANDONMENT: CERTIFIED U.U):$$5.00u . CONFORMED $5.00 IT O : 16e� r TOTAL: HP LaserJet P2015 Series UPD PCI, 5 0P7'ICALLV RECEIPT Suffolk County Clerk JUDITH A. PASCALE County Clerk DATE: 12/14/2015 TIME: 11:38 : 53 AM RECEIPT NUMBER: 15-0173658 PAYOR NAME: BERNARDINE BAUSER DESCRIPTION ITEMS TRANS AMOUNT --------- - -------------- -- - ----------------------- - ------------ ----- -- -------- --- FILING OF MISC MAPS PER PAGE General Fee 1 $10 . 00 Fees Paid $10 . 00 CONFORMED COPY OF MAP General Fee 3 $15. 00 Fees Paid $15. 00 ------ - --- ------- -- ---- --- -- ------------------- ------- ----- ----- ------- ---- -- - RECEIPT TOTAL $25. 00 CHECK AMT PAID $25. 00 TOTAL AMOUNT PAID $25. 00 CHECK REFUND $0. 00 ------------ ----------- ------ - --- - - ----- - --- ---- - -- -------- --- ------------- COMMENTS HP T,a: er.,7t-- 400 x[401. PCL 6 (Copy 1) LANDRECORD iC09 RECEIPT Suffolk County Clerk JUDITH A. PASCALE County Clerk Receipt Number 15-0173737 Payor Name BERNARDINE BAUSER DESCRIPTION TRANS AMOUNT ----------------------------------- Type of Instrument: DEED Page/Filing $25 . 00 Handling $20 .00 COE $5 . 00 NYS SRCHG $15 .00 EA-CTY $5 . 00 EA-STATE $125 .00 TP-584 $5 . 00 Notation $0 .00 Cert.Copies $6 .25 RPT $120 . 00 Transfer tax $0 . 00 Comm.Pres $0 .00 Fees Paid $326.25 Conveyance Amt: $0 .00 Transfer Tax Number 15-13778 LIBER D00012844 PAGE 664 DATE: 12/14/2015 TIME: 12 :22 : 56 PM ------------------------------------ RECEIPT TOTAL $326.25 CHECK AMT PAID $326.25 TOTAL AMOUNT PAID $326.25 CHECK REFUND $0 .00 ----------------------------------- COMMENTS " ,. CC# . C15-49810 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on 12/14/2015 under Liber D00012844 and Page 664 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 12/14/2015 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 12/14/2015 Number of Pages : 5 At: 12 :22 :56 PM Receipt Number : 15-0173737 TRANSFER TAX NUMBER: 15-13778 LIBER: D00012844 PAGE : 664 District: Section: Block: Lot: 1000 086.00 04 . 00 001 . 007 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25. 00 NO Handling $20 .00 NO COE $5. 00 NO NYS SRCHG $15 .00 NO EA-CTY $5 . 00 NO EA-STATE $125 .00 NO TP-584 $5. 00 NO Notation $0 .00 NO Cert.Copies $6.25 NO RPT $120 .00 NO Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $326.25 TRANSFER TAX NUMBER: 15-13778 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County [i]51 Number of pages I--- RECORDED 2015 Dec 14 12:22:56 PM JUDITH A. PASCALE. CLERK OF This document will be public SUFFOLK COUNTY record. Please.,,remove all , L D00012844 Social Security Numbers . . P 664 . prior to recording. DTO 15-1'778 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Deco ding/Filing 3 FEES Motgage.A.mt. Page/Filing Fee.: _...., 1. Basic Tax Handling 20. 00 2, Additional.'Tax. TP-584 -5 Stib Total Notation Spec„/A,s,sit. or EA-52 17 (County) Sub Total Spec./Add. EA-5217 (State) TOT.MTG,TAX Dual n ... u o R.P.T.S.A. _ Held for Appointment, Comm.of Ed. 5. 00 Transfer Tax .-Affidavit Mnsion.Tax The property;covcred by this mortgage is Certified Copy n or will be improved. by a one or two NQS Starhat 15. 00 family dwelling only. Sub Total YES or NO Other If NO,see r riate tax clause on Grand Total pp p �.p page# of this i sent. 4 Dist. 15036394 5 Community Preservation Fund Real Propel p T S I�� IIII III Consideration Amount,$ Tax A enc ac R LPA. A g y 1 pEC4 CPF Tax Due $ Verificatic Improved 6 Satisfactions/Discharges eleases Last Property Owners Mailing Address CORA & RETURN TO. Vacant Land l P3+ 64-,`-e,- TD TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 ' 'tte Co aM Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# g Suffolk County e r i & Endorsement Page This page forms part of the attached &Cj made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of In the VILLAGE e r� or HAMLET of BOXES-6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK..INK ONLY PRIOR TO RECORDING OR FILING. 12-0104..10i08xk (over) PT D.oc ID: 15036394 R LPA A 14-DEC-15 mI,,, ' Maps District Secton Block Lot School District Sub Division Name 1000 08600 0400 001007 1000 08600 0400 001009 SOUTHOL loncm hor 1A 7r a, d CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the 114,k, day of, CC Orrl 6 4pr ,2015 BETWEEN Bernardine Bauser,FKA Bernardine Naughton and Frederick A.Bauser(wife and husband)residing at 450 Indian Neck Lane,Peconic,NY 11958 party of the first part,and Bernardine Bauser,FKA Bernardine Naughton and Frederick A.Bauser(wife and husband)residing at 450 Indian Neck Lane,Peconic,NY 11958 party of the second part, WITNESSETH,that the party of the first part,in consideration of dollars 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, lying and being in the Whereas,Bernardine and Frederick Bauser are the owners of the property known and designated as SCTM#100-86- 4.1,7 and SCTM#100-86-4.1.9. Whereas,as owners of said property,with the Southold Town Planning Board approval of Lot Line Modification by . resolution on ..l ... Whereas,the Lot Line Modificationresult in the merger of Lot 1.7 with Lot 1.9 result in a 75,870 square foot parcel and Whereas,the Lot Line Modification designation will coincide and conform with the Suffolk County Clerk Recording of October 31,1995,Declaration of Covenants and Restriction UP#11748 PC 212. See Attached Schedule A s<zp A+he-t},--d &I h,b, A TOGETHER with all right,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 rights 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 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 aforesaid. AND the party of 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 this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.The word"party"shall be construed as if it read"parties"when ever 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. / �( INP'REMN OF: 7� Bernardine Bauser FKA Bernardine Naughton �r Frederick A.Bauser Standard N.Y.B.T.U.Form 8002-Bargain and Sale Deed,with Covenant against Grantor's Acts—Uniform Acknowledgment Form 3290 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York,County of S,fllo Ik ss: State of New York,County of Ite— ss: On the III day of arm 6 ' in the year 5 On the 11+A,.day of ,bde in the year 2a before rite,the undersi ned,personally appeared before me,the undersigned, personaily appeared personally known b me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(a)whose name(s)is satisfactory evidence to be the individual(6)whose name(e)is (arm subscribed to the within instrument and acknowledged to (arm subscribed to the within instrument and acknowledged to me t t he/she/their executed the same in iris/her/their me that he/sheMwy executed the same in his/weir cap tty and that by his/her/their signature(s) on the capacity(' , a that by his/her/their signature(e) on the ins time ,the indi ual( „or the person upon behalf of which instrument,t i i uai( person upon behalf of which the indiv" al a ,ed,exec ted the instrument. the I ]vid a uted t e instrument. Iginature and offi of individual taking acknowledgment) Agnature and ofFicf individual taking acknowledgment) TRI"HA S GREEN TRISHA,B Cr-,,P-,EN' Notary PUtAoNew York Notary Pub]lc, �7 t,e of New York Cua!Ji.�,d in ` u� 'foIk County Oualif:r A ill Sldffoik County CorrimsaroUj Expires May 6, Q'-,/-E Commission Expires May 26,20,T IQ O gNLY MEN THEACKNjMj!U0,MT Jfi,MF.!MT$1QE NEW Y08K State(or District of Columbia,Territory,or Foreign Country)of ss: On the day of in the year before me,the undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les),and that by his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted, executed the instrument,and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgment) DISTRICT SECTION BLOCK BARGAIN AND SALE DEED LOT WITH COVENANT AGAINST GRANTOR'S ACTS Title No. COUNTY OR TOWN STREET ADDRESS TO Recorded at Request of NEW YORK TITLE RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS Distributed By NEW YORK TITLE NEW yORKTrr ,4 Research Corporation R 8 EARCK CORPORATION 16 Fisher Lane White Plains,NY 10603 914682-9019 Fag 914-682182 www.nytitlexom W v LL O O 2 O O a W W LL' 0 W w 0 LL W V cad Nl i W Uj W COMMONWEALTH LAND TITLE INSURANCE COMPANY TITLE NO. SCHEDULE A THE PREMISES IN WHICH THE INSURED HAS THE ESTATE OR INTEREST CONVERED BY THIS POLICY ALL that certain plot,piece or parcel of land situate,lying and being at Peconic,in the Town of Southold, County of Suffolk and State of New York,known and designated as Lot No 5 on a certain map entitled, "Subdivision Map of Peconic Bay Cove,New York"and filed in the office of the Clerk of the County of Suffolk on March 4, 1983 as Map No. 7159; said lot being bounded and described as follows: BEGINNING at a point on the westerly side of Indian Neck Lane distant southerly 457.02 from,the corner formed by the intersection of the southerly side of Main(State) Road and the westerly side of Neck Lane; RUNNING THENCE North 66 degrees 00 minutes East, 502.90 feet; THENCE North 21 degrees 47 minutes 10 seconds West, 150.11 feet,along said land now or formerly John Petrocelli; THENCE South 66 degrees 00 minutes West,508.70 feet; THENCE South 24 degrees 00 minutes East,150.00 feet to the Westerly side of Indian Neck Lane,to the point or place of BEGINNING IL 0 fp 0 1 'Z oe tu go R . " MAILING ADDRESS: PLANNING BOARD MEMBERS �OF Sri P.O. Box 1179 DONALD J.WILCENSHI " w Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III ^ ( (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Cnum Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 10, 2015 Mr. & Mrs. Frederick Bauser 450 Indian Neck Lane Peconic, New York 11958 Re: Lot Line Modification for Bernardine and Frederick Bauser Located at 450 Indian Neck Lane, Peconic SCTM#1000-86-4-7.1 & 1.9 Zoning District: AC Dear Mr. and Mrs. Bauser: The Southold Town Planning Board reviewed the above-referenced application at their December 7, 2015 Work Session and found the following: 1. The Board agreed to re-open the application, continuing with the 1995 approval of Conditional Final Approval, based on their finding that the Covenants and Restrictions had already been filed in 1995, and all the necessary paperwork and conditions had been completed in the past except for the new deed and the filing of the maps. 2. The Planning Board accepted the following items submitted to this office: a. Six Final Plats and two Mylars. b. Recorded Declaration of Covenants and Restrictions. c. A draft deed that includes a reference stating "the Southold Town Planning Board approved this Lot Line Modification by resolution on (insert approval date)" and a schedule describing the newly created property boundaries with the legal description and a schedule with a map or a sketch illustrating the modification on legal or letter-size paper. Pa e 2 of 2 Bauser December 10 2015 3. The Board found that all items as outlined in Conditional Final Approval issued in 1995 have been submitted and, as such, the Board issued Final Approval at their December 7, 2015 Public Meeting. If you have any questions regarding the above, please contact this office. Very truly yours, Alyxandra Sabatino Planner R�NMO , F f 1 7- SITE SITE R1N1 SP IqL O � Z D m KEY MAP ` Q Scale, 1" = 600' ,,o 0 CL0 ,$ o1 -� I a ` 0150"'.90, �o^ 1, 504 g N t.r.� T o0 L0 3 �` ..n Z,ry •00'00# - O LOT LINE CHANGE o 0� t ,��� ��� �o 90 �" 00 f FOR m ? N 5`'4 3i °° 508 FREDERICK_N. 3 ER/CK & BERNARD/NE BA USER o A T PECONIC vn TOWN OF SO THOLD A DECLARATION OF COVENANTS AND RES TRIC TIONS W' OFFICE WHICH AFFECTS T SFPLA T. OUNTY CLERKS O '"o ry� 66.0°°° L�� SUFFOLK COUNT Y� /Y. / . \ 5• 1000 - 86 - 04_ 17 & 1.9 Scale 1" _ 100' \ 2J• d0' 1001. 200' app• \ Oc t. 11 1995 THIS IS TO CERTIFY THA T THIS L 0 T LINE CHANGE PLA T D �I HAS BEEN APPROVED BY THE PLANNING BOARD OF THE TOWN F TOTAL AREA = 75,870 SCS ft APPROVAL DATEDLU BY RESOLUTION OF OCT 2 9 2015 or 1.7417 Acres BY DA TE Southold Town CHAIRMAN, PLANNING BOARD Planning Board LOT NUMBERS ARE REFERENCED TO "SUBDIVISION MAP OF PECONIC BAY COVE AND FILED IN THE ! HEREBY CERTIFY THAT THIS MAP WAS MADE BY ME j- OFFICE OF THE SUFFOLK COUNTY CLERK ON FROM ACTUAL SURVEYS COMPLETED OCT. 10, 1995 S�' ���i• Mere 0 MARCH 4, 1983 AS MAP NO. 7159 AND THA T ALL CONCRETE MONUMENTS SHOWN THUSr a -10 EXIST AAV THA T T E/R POSITIONS ARE CORRECTL Y SHOWN - - N.Y.S. LIC. 49618 a 'O• 496`$. JAG � PECONIC SURVEYORS, P.C. (516) 765 - 5020 P. 0. BOX 909 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 0.17 — *790 I Southold Town Planninq Board 'Work Session — December 7_,_2015 - Fla Project name Beninati, Lee & Marie SCTM#: 1000-74-3-15 Location 3070 Peconic Lane, on the east side of Peconic Lane and on the south side of C.R. 48, Peconic Description: This proposal is for a Standard Subdivision of a 2.01 acre parcel where in 1999 the Zoning Board of Appeals granted an area variance to allow for this parcel to be subdivided into two lots where Lot 1 equals 0.71 acres and Lot 2 equals 1.30 acres, located in the RO Zoning District S 11 tatus: Conditional Sketch Approval ... Action: Review referrals & draft Negative Declaration. ... Attachments: Staff Report Project Name; ( Bauser, Bernardine & Frederick SCTM#; 1 1000-86.-4-1.7 & 1.9 Location: 450 Indian Neck Lane, on the west side of Indian Neck Lane, 457' south of Main Road., Peconic Description: This proposed Lot Line Change will merge a 0.56 acre parcel, SCTM# 1000-86-4-1.9, with a 1.17 acre parcel, SCTM#1000-86-4-1.7, creating a 1.74 acre parcel in the AC Zoning District. The Peconic Bay Cove Subdivision, approved in 1982, designated SCTM#1000-86-4-1.9 as a Park and Playground lot, which was taken by Suffolk County for tax default and subsequently sold to the applicant. This Lot Line Change 1 includes a proposal to re-designate SCTM#1000-86-4-1.9 from Park and Playground to Scenic Easement. Status: Pending Action:. ; Review forFinal Approval_. Attachments: i Staff Report Discussion: ➢ Site Plan Use Determinations (SPUDs): 0 74825 Main Road (Hudson City Bank plaza across from 7-11 in Greenport), SCTM#1000-45-4-8.3 ■ Convert office to retail use (medical office to pharmacy/drugstore) o North Fork Woodworks, 810 Traveler Street, Southold, SCTM#1000-61-1-15.3 ➢ Country Car Wash, request to continue work on overhead structures, 6565 Route 25, Laurel, SCTM#1000-125-1-19.5 ➢ Draft Planning Board Monthly Report for November 2015 Southold Planning Department Staff Report Subdivision Application Work Session Review Date December 7, 2015 Prepared By: Aly Sabatino I. Application Information Project Title: Bernardine & Frederick Bauser Applicant: Bernardine & Frederick Bauser Date of Submission: October 29, 2015 Tax Map Number: 1000-86-4-1.7 & 1.9 Project Location: Indian Neck Lane Hamlet: Peconic Zoning District: AC II. Description of Project Type of Subdivision: Lot Line Modification Acreage of Project Site: Total site= 1.7 acres (2 lots) # of Lots Proposed: NA III: Action to review Final Approval IV: Analysis • The Planning Board on November 8, 1982 approved a subdivision named Peconic Bay Cove located to the west of Indian Neck Lane in Peconic, below map, with an area (separate lot SCTM# 1000-86-4-1.9) reserved for a park and playground. ri ,a 7159FILEN' P . 93 p 1 n . r,. 1' i s w r:9 e . rw all Southold Planning Department Staff Report • As per the Assessors' Property Card, the taxes were not paid for the park and playground lot and this lot was ultimately given up for tax default to Suffolk County in 1990. • In 1995, Suffolk County sold the lot to Mr. and Mrs. Bauser who own the adjacent parcel to the east (SCTM# 1000-86-4-1.7). • The Bausers submitted a lot line modification application in 1995 proposing to merge lots 1.7 and 1.9 and change the park and playground designation to a scenic easement. The Planning Board at that time granted Conditional Final Approval. The conditions however, were never fulfilled and the application subsequently expired. This oversight has come to the attention of the Bausers and they are hoping to complete the process that was started in 1994. Outline of the lot linq_chat2p.ft rocess completed in 1995: • A lot line change application was submitted to the Planning Board Office on January 6, 1995 which included an application fee of$50.00. • On January 10, 1995 the Planning issued a Negative Declaration on the action. • On February 7, 1995 the Planning Board issued Conditional Final Approval with the following Conditions: 1. Six final maps and two mylars must be submitted. All maps must contain the following: a. A notation that a Declaration of Covenants and Restrictions was filed pertaining to the lot line change. The notation must include the liber and page number of the filed document. b. The maps must be drawn at a scale of 1" equals 100' as noted in the Conditional Sketch approval. 2. The Declaration of Covenants and Restrictions required by the Planning Board must be recorded. A copy of the recorded document must be submitted. 3. The new deed for the entire 75,870 sq. ft. parcel must be submitted. The deed must note that a Declaration of Covenants and Restrictions has been filed for the property. As of December 3, 2015, all requirements of Conditional Final Approval, granted in 1995, have now been completed. 2 Southold Planning Department Staff Report V: Staff Recommendations 1. As described above, in 1995, the application was almost completed as shown through the Planning Board's grant of Conditional Final Approval. As such, recommend picking up the application where it last left off, Conditional Final Approval. 2. Recommend not requiring a further application fee, as the application fee was paid in 1995. 3. All items have been submitted as per the conditions of Conditional Final Approval issued on January 10, 1995. Recommended issuing final approval at the December 7, 2015 Public Meeting. 3 November 20, 2015 &k� 4U kAT KS Town of Southold Planning Board 1 3 54375 State Route 25 Southold, New York 11971 Attn: yx Al andra Sabatino flainitng Board �.m Dear Ms. Sabatino: As requested in your letter of November 6, 2015, I am submitted the following documents to your department for review and approval: • A newly draft deed,pending review and approval of the Southold Planning Board,reflecting the proposed Lot Line Modification for the properties of SCTM# 1000-86-1.7 and SCTM # 1000-86-4-1.9. • A schedule describing the newly created property boundaries with the legal descriptions of said property. • A schedule with a map illustrating the modification. • The Declaration of Covenants and Restrictions defining the Scenic Easement. I do want to thank you for meeting with me in your office on November 171h in an effort to help me work thru this process. Your guidance is truly appreciated. Please call me anytime (516 -459 -9074) should you need to speak with me. Sincerely, r Bernardine Bauser cc: Heather Lanza ..... w. A, Submission Without a Cover Letter E "C E [""Y" E IEC (rj,3 'l GO Sender: &� �J �-�aa�7jT r�k� F� v� vru m�... Rwinhig���ua�ic� Subject: )a>Ok __LSe-.r tt.> SCTM#: 1000 - -L4- I , -1 Date: t a 13 11 Comments: COMMONWEALTH LAND TITLE INSURANCE COMPANY TITLE NO. SCHEDULE A THE PREMISES IN WHICH THE INSURED HAS THE ESTATE OR INTEREST CONVERED BY THIS POLICY ALL that certain plot, piece or parcel of land situate,lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York,known and designated as Lot No 5 on a certain map entitled, "Subdivision Map of Peconic Bay Cove, New York" and filed in the office of the Clerk of the County of Suffolk on March 4, 1983 as Map No. 7159; said lot being bounded and described as follows: BEGINNING at a point on the westerly side of Indian Neck Lane distant southerly 457.02 from the corner formed by the intersection of the southerly side of Main (State) Road and the westerly side of Neck Lane; RUNNING THENCE North 66 degrees 00 minutes East, 502.90 feet; THENCE North 21 degrees 47 minutes 10 seconds West, 150.11 feet,along said land now or formerly John Petrocelli; THENCE South 66 degrees 00 minutes West, 508.70 feet; THENCE South 24 degrees 00 minutes East, 150.00 feet to the Westerly side of Indian Neck Lane,to the point or place of BEGINNING r qL O 4 �w 4 Z do1 l LOS Sob 00 66 � { 406 , * pqN " • a Gmail-Lot Line Change-Planning Board https://mail.google.com/mail/u/0/?ui=2&ik=afb2570bdc&view... rii I Bernardine Bauser<bernbaus@gmail.com> Lot Line Change- Planning Board 1 message Sabatino,Alyxandra K. <alyxandra.sabatino@town.southold.ny.us> Wed, Dec 2, 2015 at 3:09 PM To: "bernbaus@gmail.com" <bernbaus@gmail.com> Bernardine, Please revise Schedule A of the draft deed to reflect the correct order of the metes and bounds on the property. The metes and bounds description must start from State Route 25 then head south along Indian Neck Lane to the northeast corner of your property. Once at the northeast corner, the metes and bounds should follow counter clockwise around the entire property (both lot 5 and the scenic easement area). Please let me know if you have any questions. Also, please submit the revised schedule on or before Friday, the 4th in order for the Planning Board to make a final determination at their December 7, 2015 Public Meeting. Thanks, Aly Alyxandra Sabatino Planner, Town of Southold Phone: 6 °h...f6ts..1938 Email: Aly)(andra Sabetluno towin.soudutl°iold.uiy.0 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the 19th day of, November 92015 BETWEEN Bernardine Bauser,FKA Bernardine Naughton and Frederick A.Bauser(wife and husband)residing at 450 Indian Neck Lane,Peconic,NY 11958 party of the first part,and Bernardine Bauser,FKA Bernardine Naughton and Frederick A.Bauser( ° e and husband)r i ° t 450 Indian Neck Lane,Peconic,NY 11958 party of the second part, WITNESSETH,that the party of the first part,in consideration of ZERO dollars paid by the party of the second part,does hereby grant and release to 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, lying and being in the Whereas,Bernardine and Frederick Bauser are the owners of the property known and designated as SCTM°17a SM#1 ® °9° Whereas,as owners of said property,with the Southold Town Planning Board approval of Lot Line Modification by resolution on roval date to be inse Whereas,the Lot Line Modification result in the merger of Lot 1.7 with Lot 1® result in a 75,870 square foot parcel and Whereas,the Lot Line Modification designation will coincide and c® with the Suffolk County Clerk Recording of October 31,1995,Declaration of Covenants and Restriction UP#11748 PC 212. See Attached Schedule A See Attached Schedule B TOGETHER with all right,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 rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted to the party of the second part,the heirs or successors and assigns of the party of the second part forever. 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 aforesaid. AND the party of 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 this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the to of the same for any other purpose. The word"party"shall be construed as if it read"parties"when ever 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. IN PRESENCE E. State of New York,County of SS: to of New York,County of SS: On the day of in the year On the day of in the year before me,the undersigned, personally appeared before me,the undersigned, personally appeared personally known b me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is satisfactory evidence to be the individual(s)whose name(s)is (are)subscribed to the within instrument and acknowledged to (are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their me that he/shelthey executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the capacity(ies), and that by histherttheir signature(s) on the instrument,the individual(s),or the person upon behalf of which instrument,the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument. the individual(s)acted,executed the instrument. (signature and office of individual taking acknowledgment) (signature and office of individual taking acknowledgment) jQ 89919,9 9NLY Mffl9N 121E ACKNOWLEDGMENTIt QA ,I§M ADE g JaNEW X R ,, -U 16M State(or District of Columbia,Territory,or Foreign Country)of SS: On the day of in the year before me,the undersigned,personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les),and that by his/her/ it signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted, executed the instrument,and that such individual made such appearance before the undersigned in the in (insert the City or other political subdivision) (and insert the State or Country or other place the acknowledgment was taken) (signature and office of individual taking acknowledgment) DISTRICT SECTION BLOCK BARGAIN AND SALE DEED LOT VVITH COVENANT AGAINST GRANTOWS ACTS Title No. COUNTY OR TOWN STREET ADDRESS TO Recorded at Request of NEW YORK TITLE RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS DWributed By NEW YORK UTLE NEW Y011K 111111TIAE'd Research Corporation II MFAYCH CORPORMON 15 Fisher Lane White Phins,NY 10603 914-682-9019 Fax 182 www-nydde.com COMMONWEALTH LAND TITLE INSURANCE COMPANY TITLE NO. SCHEDULE A THE PREMISES IN WHICH THE INSURED HAS THE ESTATE OR INTEREST CONVERED BY THIS POLICY ALL that certain plot,piece or parcel of land situate,lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York,known and designated as Lot No 5 on a certain map entitled, "Subdivision Map of Peconic Bay Cove,New York" and filed in the office of the Clerk of the County of Suffolk on March 4, 1983 as Map No. 7159; said lot being bounded and described as follows: BEGINNING at a point on the westerly side of Indian Neck Lane distant southerly 457.02 from the corner formed by the intersection of the southerly side of Main (State) Road and the westerly side of Neck Lane: RUNNING THENCE South 66 degrees 00 minutes West, 508.70 feet; THENCE South 24 degrees 00 minutes East, 150.0 feet; THENCE North 21 degrees 47 minutes 10 seconds West, 150.11 feet,along said land now or formerly John Petrocelli; THENCE North 66 degrees 00 minutes East,502.90 feet to the Westerly side of Indian Neck Lane,to the point or place of BEGINNING c3e4edc,c.!e— f� yen q,>cf; IL 0 op Vol T. Pat w vl- vo o Lo vo 6�-A6 T (5), w 4508.1 z 5 .341 L ol 1 C DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION`made this 2'-;4�day of October, 1995, by FREDERICK A. BAUSER and BERNARDINE NAUGHTON BAUSER (f/k/a BERNARDINE A. NAUGHTON), residing at 450 Indian Neck Lane, Peconic, NY 11958, hereinafter referred to as the "Declarant." WITNESSETH: WHEREAS, the Declarant is the owner of real property in Peconic, Town of Southold, Suffolk County, New York known and designated as SCTM#1000-86-4-1.7 ("Lot 1.7"), located on the west side of Indian Neck Lane, comprised of 51,150 square feet, a metes and bounds description of which is set forth on "Schedule A" annexed hereto and made a part hereof; and WHEREAS, Suffolk County was the owner of property known and designated as SCTM #1000-86-4-1.9 ("Lot 1.9"), located on the west side of Indian Neck Lane, comprised of 24,720 square feet and situated in Peconic, Town of Southold, Suffolk County, New York, a metes and bounds description of which is set forth on "Schedule B" annexed hereto and made a part hereof; and WHEREAS, the Suffolk County transferred to the Declarant the real property heretofore designated Lot 1.9 by deed dated July 24, 1995, and recorded in the Office of the Clerk of Suffolk County on August 7, 1995 at Liber 11736 page 308; and WHEREAS, Lot 1.9 is designated as Park and Playground for the subdivision of Peconic Bay Cove; and WHEREAS, this proposed lot line change, to be known as lot line change for Frederick and Bernardine Bauser, is to merge a Lot 1.9 with the adjacent Lot 1.7; and WHEREAS, the merger of Lot 1.7 with Lot 1.9 will result in a 75,870 square foot parcel; and WHEREAS, the Southold Town Planning Board has agreed to (a) change the lot line to merge Lot 1.9 with Lot 1.7 and (b) remove the Park and Playground designation from Lot 1.9 and replace it with a Scenic Easement designation provided that the following covenants and restrictions are imposed; and WHEREAS, the Declarant agrees to the imposition of the covenants and restrictions required by the said Planning Board and in consideration of said approval hereby agrees to restrict the use and enjoyment of Lot 1.9. NOW, THEREFORE, it is declared that the said premises are hereby held and shall be sold and conveyed subject to the following covenants and restrictions: 1. There shall be no further subdivision of the 75,870 square foot parcel in perpetuity. 2. All structures, including visually impeding fences (for example, stockade type fences) shall be prohibited in the 24,720 square foot Scenic Easement; notwithstanding anything herein to the contrary, non-visually impeding fences such as a "post-and-rail" fence shall be permitted in the 24,720 square foot Scenic Easement. 3. Clearing and grading in the Scenic Easement shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and noxious plant species. 4. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration on the day and year first written above. ,PFIEDERICK A. BAUSER BERNARDINE NAUGHTON BAUSER STATE OF NEW YORK, COUNTY OF SUFFOLK SS: On the 2"- day of October, 1995, before me personally came FREDERICK A. BAUSER & BERNARDINE NAUGHTON BAUSER to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed same. D �Nota�ryPtib�lic Y comms x*rw Fob,so,nU6 MAILING DRESS: PLANNING BOARD MEMBERS ' , P.O.Box 1179 DONALD J.WILCENSKI Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY ti ,} 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR CQuSouthold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 6, 2015 Mr. & Mrs. Frederick Bauser 450 Indian Neck Lane Peconic, New York 11958 Re: Lot Line Modification - Bernardine and Frederick Bauser 450 Indian Neck Lane, Peconic SCTM#1000-86-4-7.1 & 1.9 Zoning District: AC Dear Mr. and Mrs. Bauser: The Southold Town Planning Board reviewed the above-referenced application at their November 2, 2015 Work Session and found the following: 1. The deed filed on October 26, 2015 with the Office of the Suffolk County Clerk does not merge SCTM#1000-86-4-7.1 and SCTM#1000-86-4 1.9 together as proposed in the Lot Line Change Application. A new draft deed must be submitted to the Planning Department that shows the following (the deeds must be submitted to the Planning Board for review and approval before they are filed with the Office of the Suffolk County Clerk): a. A reference stating "the Southold Town Planning Board approved this Lot Line Modification by resolution on (insert approval date)"; b. A schedule describing the newly created property boundaries with the legal description and a schedule with a map or a sketch illustrating the modification on legal or letter-size paper. If you have any questions regarding the above, please contact this office. Very truly yours, _o . SGS Alyxandra Sabatino Planner October 27, 2015 . Town of Southold �� ° 2 9 2 C.I°a Planning Board 54375 State Route 25 .. Southold, New York 11971d4a�n�d�w s � Attn: Ms. Heather Lanza - Planning Director Dear Ms. Lanza, Please let me begin by thanking you and Alyandra Sabatino for taking the time to speak with me this afternoon, regarding clarity on the resolution of the open items for a lot line change request,which pertains to the property owned by my husband and I. The proposed lot lane change pertains to SCTM # 100-86-4.1.7 &1.9. As I expressed to you today in our telephone conversation, my husband and I would be truly grateful to the Planning Board in reconciling a situation we truly believe had been resolved and finalized over twenty years ago. In a meeting I had with Mr. Mark Terry and Ms.Alyandra Sabatino on October 14th at their Town Hall Conference Room, I was advised that the following items must be submitted to the Planning Board: 1. Six final maps and two mylars (See attached 6 maps, 2 mylars, dated October 11, 1995 by Surveyor John T. Metzger of Peconic Surveyors License #49618) containing the following information: a. A notation that a Declaration of Covenants and Restrictions was filed pertaining to the lot line change. The notations must include the liber and page number of the filed document. (See attached document from Suffolk County Recording and Endorsement Page with recorded date of October 31, 1995, Liber#11748, page 212). b. Maps must be drawn at a scale of 1" equal 100' as noted in the Conditional Sketch approval. 2. The Declaration of Covenants and Restrictions required by the Planning Board must be recorded. A copy of the recorded document must be submitted. (See attached document from Suffolk County Recording and Endorsement Page with recorded date of October 31, 1995,Liber #11748, page 212). 2. A new deed for the entire 75,870 sq. ft. parcel must be submitted. The deed must note that a Declaration of Covenants and Restriction has been filed for the property. (See attached document from Suffolk County Recording and Endorsement Page with a recorded date of October 26, 2015, Liber #D00012838,page 052). To the best of my knowledge, I am submitting all that was asked of me. Should there be any further discrepancies or items needed,please call me at 516-459-9074. Thank you for your time and guidance in helping my husband and I. Sincerely, dew .. .. Bernardine Bauser 450 Indian Neck Lane Peconic, New York 11958 BOX%3 I THRU 9 MU4T BE TYPiD OR PRINTED IN PMOR TO RBCORDI NO OR FILING, F I SUPPFULK COUNTYML 2 �� IMP yy p uta► ,:� ;w '� ,;', �, C'>t �,����� � uwth r o9C to ae l J 1 � k d , , C'. % a ;.1,1,.. " oauu CrKlaeluM ,"� .�_ Pel nt.all- Deed t Martpege In�tn+tnant a�e�l f(�lorlslse Tt►aa Sl1toF Recordlou I Flllnk S 1PIES Pap >'IUop t►oa Morlpgle Antt. 81od11os _ 1.Dalt Tex TrlSI ].SONYMA {lolNlon Sul)Total SA•5317(County) �,,�, Sub Tout,,_ 3.SpiodAdd, ZA4117(91111) L.., TOT,MTQ TAX Dull ► ►al C ] own D ' RRT.S,A. _off 3. 7' Hold for Allpominnm Comm,of Ed. 9_:00_ � TranebrTax M anelon T1x Cerllflld CvI The properly em•amd l,y thl%nwrtuaxo It or Will he Improved lir a one or ism Su Total 4mlly dwalllnp nnly. Rap.Copy . b C " ...�..+..... YRS,.,,,,,, or N 0_ Ola GRAND TOTAL r o. It NO, 1ppruprlala tax Clem 410 Palo#Tnw�ut WIN luetnmunt, Proparty T"Slorrk4hitancy Verlllcallan r,;r Title Company tufurmlllan " C0IriI onwe8.lth b"Ir"C t YGw 0-dP Company Name C ao9s- 196- wAI I MIA1111 NMw►nrl►a^'r �2jn&Iwo Byl C1ehCI►ael_/_ChlrpocII Pilar lama as R A R�. ►� m.aualer,ra4 r t ORt a S: RECORD& RETURN TO Suffolk County Recording & jEndorsemeni Page This paao forms part of the attached 1 t rondo by: (Deed,Mortgage,etc.) It The premlae herallt le eltueled in SUFFOLK COUNTY,NEW YOttt<. TO In the TOWN or ctly A'II:1614 In the VILLAGE or HAMLET of .m _ . .., DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION`made this ;2? duy of October, 1995. by FREDERICK A. BAUSER and BERNARDINE NAUGHTON DAUSER ft/a BERNARDINE A. NAUGHTOW residing at 430 Indian Neck Lane, Peconic, NY 11936, hereinafter referred to as the "Declarant." WITNESSETH: WHEREAS, the Declarant Is the owner or real propvrty In Peconic, Town of Southold, Suffolk County, New York known and designated ax SCTM #1000-86-4-1.7 ("Lot LIP"), located on the west side of Indian Neck Lam, comprised of 513% square Soot, u metes ants bounds description of which is set forth on "Schedule A" annexed hereto and made it part hereof; and WHEREAS, Suffolk County was the owner of property known and designated as SCTM 01,000-86-4-1.9 t"Lot 1.9"), located on the west side of Indian Neck lane, comprised of 24,720 square fret and situated in Peconic. Town of Southold, Suffolk County, New York, a motes and bounds description of which is set forth on "Schedule B" annexed hereto and made a pan hereof; and WHEREAS, the Suf'f'olk County transferred to the Declarant the real property heretofore dcslknated Lot 1.9 by deed dated July 24, 1995, and recorder! In the Office of the Clerk of Suffolk County tin August 7, 1993 at Libor 11736 page 306; and WHEREAS, Lot 1.9 is designated as Park and Playground for the subdivision of Peconic Bay Cove; and WHEREAS, this proposed lot line change, to be known as lot line change for Frederick and Bernardino Hauser, it to merge it Lot 1.19 with the adjacent Lot 1.7; and WHEREAS, the merger of Lot l.7 with Lot L19 will tcKult in a 75,870 square toot parcel; and WHEREAS, the Southold 'Town Planning Board has agreed to (a) change the lot lino to merge Lot 1.9 with Lot 1.7 and (b) remove the Park and Pltryground desigtuttlon from Lot 1.9 and replace It with a Sconlc Hasement designation provided that the following covenants and restrictions are imposed; and WHEREAS, the Declarant agrees to the imposition of the covenants and restrictions required by the said Planning Board and in consideration of said appnn►al hereby agrees to restrict the use and enjoyment of Lot 1.9. NOW, THEREFORE, It is declared that the said premises are hereby hold and shall be sold and conveyed subject to the following covenants and restrictions: I. 'There shall be no further subdivision of the 75,870 square foot parcel in perpetuity, 2. All structures, including visually impeding fences (for example, stockade type truces) shall be prohibited in the 24,720 square foot SCCnic Uslemanu, notwlthmandinS ' anythino heroin to the contrary, non•vislrally Impeding fencca such as a "post-and-Milo fence %hall be permitted In the 24,720 square foot Scenic Easement, 3. ' Clearing and grading in the Scenic Easement shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and noxious plant species. ' 4, Those covenants and restrictions can be modified only at the request of the then owner of the promisee with the approval of the Planning hoard of the Town of Southold aller a public hearing, Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required, IN WITNESS WHEREOF, the Doclarant has duly executed this Declaration on the day and year first written ubove. o�v►.o ` K A. IIA Sl 'R BICRNARDINK NAUGHTON RAUSE STATE OF NEW YORK, COUNTY OF SUFFOLK SSt On tho.24- day of October, 1993, before me personally came MDERICK A. BAUSKR & BERNARDINE NAUGHTON BAUSER to me known to be the individuals described In and who executed the foregoing instrument, and acknowledged that they executed sante, DUMMY igota public 44 NW ft 40 4011"14 M F: CO"NNIALTN LAND 'TITLE INSURANCE COMPANY TITLE NOS BCIIXDULE A THE PREMISES IN WHICH THE INBURKU HAS 'THE KBTATE OR INTERNET COYRR90 iY THIO POLICY ALL that certain plot, piece or parcel of land situate, lying slid being at Peconic, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot No. !s on a certain map elititled, "Subdivision Map of Peconia Bay Cove, New York" and tiled in the Office of the Clerk of t)%o County of Suffolk on March 4, 1951 as Map No. 71091 said lot being bouoded and described a■ follows) EEGINWHO at. a point on the westerly side of Indian Hook Lane distant southerly 417,02 from the coiner tormed by the intersection of the southerly side of Main (Stool Road and the westerly side of Indian !leak Lane# RUNNING THENCE South iA degrees 00 minutes Rest, 741,0 feet! THENCE South 24 degrees 00 minutes Nast, 100.0 feet# THENCE North 96 degrees 00 minutes East, 741,0 fast to the westerly side of Indian Neck Lanai THENCE North 24 degrees 00 minutes Nest along sold westerly aide of Indian Neck Lans, 160.0 test to the point or place of 19GINNING 1 r 78 L2 1 2 COMMONwItALTU 1#ANU T1TL% INHURANCK COMPANY TTTLI NO, AC'IIRDW,R 9 THIZ Piit,MtRU 111 WAICII Villi IN9URAD UAO TUR KYTATR 014 INTRUST COVRRlp BY THIS P0101CY ALL that certain plot, pleca o► parcot at land altuate, lying and being at Peeonic, In the Town of Southold, County of 6uffolk and state, of liew York, known and designated as the Park z Playground Parcel as shown on a certain map entitled, "Subdivision map of Peeonko flay Cove" and filed In the Office of Clark of County of Suffolk on March 4, 19e1 as Map No, lisp; said park 4 Playground Parcel being more particularly bounded and described as follows► staINNINO at the northwest corner of the premises horaln described mild the northwest corner of Lot No. S oil paid snap. till* rollowi►tiU two (21 courses n►►d dlstanaes from the corner formed by the interoaction of the southerly side of Main (Stats) Road and the westerly sada of Indian Neck Land it 8aatt► 24 %jogrees 00 minutes fest, 457.02 feeti and 2) South 44 degree■ 00 minutes West, 341.0 feet to the true point or place of beginning, RUNNINU TNRNCR from said true point, or piece of hoginning south 24 degree■ 00 minutes last, 130,0 feetr THINCl South 66 degrees 00 minutes Wast., 147,70 fort to land now or formerly of Koreleskil TURNCK North 21 degrees 17 minutes to secondo West along Maid land now or formerly of Koroleski, 160, 11 foots "UNCI North 66 degrees 00 minutes Rant, 161.90 feet to the "tnt, ar place of IRC1Yli1lI11Q i CC# : C1543038 COUNTY CLERK'S OFFICE m STATE OF NEW YORK Q4,j I! U 6r:G COUNTY OF SUFFOLK Southold Tows Nruwsu�BOVA�.�.., �� I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DEED recorded in my office on 10/26/2015 under Liber D00012838 and Page 052 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 10/26/2015 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 10/26/2015 Number of Pages : 5 At: 01 :29: 55 PM Receipt Number : 15-0148658 TRANSFER TAX NUMBER: 15-08875 LIBER: D00012838 PAGE : 052 District: Section: Block: Lot: 1000 086 . 00 04 . 00 001 . 007 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $25 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO EA-CTY $5 . 00 NO EA-STATE $125 . 00 NO TP-584 $5 . 00 NO Notation $0 . 00 NO Cert.Copies $6 .25 NO RPT $120 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $326 .25 TRANSFER TAX NUMBER: 15-08875 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 21 Number of pages ]I J Thq is document will be public q record, Please remove all Social Security NumbersCIX"- prior to recording. ................. Deed/Mortgage Instrument Deed JMortgage Tax Stamp Recording Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1, Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) Sub Total ......._,.__... Spec./Add. EA-5217',('s�C) T.MTG.TAX Dual Town Dual County 0 R.P.T.SA. Held for Appointment—, Comm.oplm– 5. 00 Transfer Tax Affidavit Mansion Tax .............. . ..... The property covered by this mortgage is rtified Copy or will beimproved by a one or two NYS SurW. charge 15. 00 family dwelling only. Sub Total YESNO .............. or ....... Other If NO, see,.,appropriate tax clause on . .............................. If To. pagg-elell,,��4of this ,t u, Int Com.;U. 4. Dist. 15030498 ""_Se'e ;;z-7F5 Community Pr eser'vation. nd T S'11\ Real Property R P Consideration Amount A Tax Service 2 L Agency Z OrCT-1 CPE Tax Due $ "A Verification 7 improved Satisfactions/Discharges/Releases List Property Owners Mailing Address 6i ��CO &RET 1'tT0�V Vacant Laz C15o C) LA Pec -e- TD (00 P C 'ID TD it : Judile, Irk �;7n_ I Matoth A. PascaSuffolk County e7=:=Ti�ttle:C:om�aii�Iiiform,ation 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcountyny.gov/clerk Title# 8 IW11"Olkiii This page forms part of the attached made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of In the VIILLAGE or HAMLET of BOXES 6 T 81 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12-0104 1010akk (over) IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax 'receiver so that ou ma be billed directly for all futureroe tax. statements. Local property taxes are payable twice a year: on or before January 101 and on or before May 318t Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall . Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964 (631) 451-9009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, Judith A. Pascale Suffolk County Clerk p T R Lwl A) Doc ID: 8 .........---TP�4 __j q6-OCT-1 6 Tax Maps District Secton Block Lot School District Sub Division Name 1000 08600 0400 001009 1000 08600 0400 001007 SOUTHOLD 14Y005-Bargain and Sale Deed with Covenant against Grantor's Acts Individual or Corporation(Single Sheet)(NYBTU 8002) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the day of C r- , in the ye l�J BETWEEN �t�ar 1 n au s� �' final rC-,dPCt c v ter u � a � mi. - party of the first part, and 61 )JLC Loth Pz°�C/n ,C �L! JIBS Pr �cic -P<- k � C/ CAndparty 1 of-the second part, 'IJU :lnd rCz n JV e,- L Lar�:� AprUn le 7� t ther of the firstr a inconsideration of Ten Dollars other valuable consideration i on )1 S paid by the party of the second part,doeshereby 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,lying and being in the ix Map ;ignadon ] t. % l p 2- TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances d all the estate and rights of the party of the first part i -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 e second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby e said premises have been incumbered in any way whatever, except as aforesaid. AND the party of 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 this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of 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 WITNESS ,the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: /4s . � -- d(D � _ Pr,�rd,nP wC AGrdVUWLJfDGMENT FORMBELOW WInmvNEW YORKSTATE OIVI State of New"York,County of j%jk }ss.: Mate of New York,County of ) On theZ day of ( in the year 201,5 Ora the day of � in theear ZC before me,the undersigned,per&Qnally appeared before me,the ersignd,pe onay y =4�5� personally known + me or`proved to rinse on the basis of satisfactory personally known to me or proved to me on the basis of spa� , evidence to be the indiviclual4whose name( is( subscribed to the evidence to be the individual(.)whose name( )is bscribed to t within instrument and acknowledged to me that he/she/they executed the within ffista=ent and acknowledged to me that he/she/they executed t same in hide 'r- apacity " and thst by hi&U0Jwi signature(s)on same in hivh1er/L4eir capacity(its),and that by er ignature( the instrument,the individuals);or the person upon behaLfOf which the the r,t, the individual(e), or the peon upon behalf of which t individual( executed the instrument" lnd"svid )acted,executed the instru trent. TRI SHAG'�R E �a�sir, r r �tl Notary Pfjti.iv, &-f of NewYork �k�r r , �`le W Yb'k 0 r 70 Ou j 4L-X a r IV rti rl y Ft3R U t''+ CrC1E"49a Ca!'I 1 C i ! X36, n t e r^ ACMW1M0GW'�'TT. ORMF0R USE Eli", "ORS �t Fkt °T JZK3TD(7 'OI+r, (New Yorka seri tng "fitness Acknowledgment wledgment Cert Cate) (Cut OfState or Foreign General Acknowledgment Ceriif Cate) Ztate of New York Coun of 1 } ss.: }S. (Cornptete e'en"a with State,Country,Province or Municipality) On theZlo day of Oe:l Ger j in the year,,20 S 20' before me,the undersigned,personally appeared On the day of 02>66P.- in the year 2-0before me,the undersigned,personally appeared the subscribing witness to the foregoing instrument,with whom I am personally acquainted,who,being by me duly sworn,did depose and personally known to me or provedto me on the basis of satisfacto: say that he/shefthey reside(@)in evidence to be the individual(s)whose name(,)is(are)subscribed the within instrument and acknowledged to me that+,e/she/t6 (f the place ofresidence is in a city,include the street and street number,if executed the same in his/her/their capacity( ,that by kis&er/tl( any,thereo.0; that he/sheft t7 know(s)- signature(4on the instrument,the individu i(t ,or the person up( behalfof which the individual(4 acted,executed the instrument;aI to be the individual described in and who executed the foregoing ! that such individual made such appearance before the undersign( instrument; that said subscribing witness was present and saw said in the execute the same; and that said witness at the same time subscribed (Insert the city or other political subdivision and the state or country his/heAheir-name(o as a witness thereto. other place the acknowledgment was taken). BARGAIN&SALE DEED WITH COVENANTS AGAINST GRANTOR'S ACTS TITLE NO. DISTRICT SECTION BLOCK LOT TO COUNTY OR TowN RECORDED AT REQUEST OF Fidelity National Title Insurance Company of New Y RETURN BY MAIL TO rDELiTy NATIONAL DTLE INSURANCE NCE COMPANY OF NEW YORK IT mcottpom 7BD 1928 Member New York State land 770@ A=ictattan w V LL U- 0 0. z 0 0 U w LL o LU en D Cr 0 w LU Q a rn z F- w w w COMMONWEALTH LAND TITLE INSURANCE COMPANY TITLE NO. SCHEDULE A THE PREMISES IN WHICH THE INSURED HAS THE ESTATE OR INTEREST COVERED BY THIS POLICY ALL that certain plot, piece or parcel of land situate, lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lot No. 5 on a certain map entitled, "Subdivision Map of Peconic Bay Cove, New York" and filed in the Office of the Clerk of the County of Suffolk on March .4, 1983 as Map No. 7159; said lot being bounded and described as follows: BEGINNING at a point on the westerly side of Indian Neck Lane distant southerly 457.02 from the corner formed by the intersection of the southerly side of Main (State) Road and the westerly side of Indian Neck Lane; RUNNING THENCE South 66 degrees 00 minutes West, 341.0 feet; THENCE South 24 degrees 00 minutes East, 150.0 feet; THENCE North 66 degrees 00 minutes East, 341.0 feet to the westerly side of Indian Neck Lane; THENCE North 24 degrees 00 minutes West along said westerly side of Indian Neck Lane, 150.0 feet to the point or place of BEGINNING COMMONWEALTH LAND TITLE INSURANCE COMPANY TITLE NO. SCHEDULE B THE PREMISES IN WHICH THE INSURED HAS THE ESTATE OR INTEREST COVERED BY THIS POLICY ALL that certain plot, piece or parcel of land situate, lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York, known and designated as the Park & Playground Parcel as shown on a certain map entitled, "Subdivision Map of Peconic Bay Cove" and filed in the Office of Clerk of County of Suffolk on March 4, 1983 as Map No. 7159; said Park & Playground Parcel being more particularly bounded an described as follows: BEGINNING at the northwest corner of the premises herein described and the northwest corner of Lot No. 5 on said map, the following two (2) courses and distances from the corner formed by the intersection of the southerly side of Main (State) Road and the westerly side of Indian Neck Lane: 1) South 24 degrees 00 minutes East, 457.02 feet; and 2) South 66 degrees 00 minutes West, 341.0 feet to the true point or place of beginning. RUNNING THENCE from said true point or place of beginning South 24 degrees 00 minutes East, 150.0 feet; THENCE South 66 degrees 00 minutes West, 167.70 feet to land now or formerly of Koreleski; THENCE North 21 degrees 17 minutes 10 seconds West along said land now or formerly of Koroleski, 150.11 feet; THENCE North 66 degrees 00 minutes East, 161.90 feet to the point or place of BEGINNING. BOXES S TIRRU 7 MUST Bt TYPiD OR PRINTED IN fidPRIOR TO RECORDI NO OI%PI LINO, S -SUFFOLK COUNTY CLERK2 3 " r t A LANA Ns all rrof Na es l °,`;rug J a. 9aAa1 N L �t Caetlaaue N DOW I M4R4age InrtrutnIs To Blimp Roca rdiau!Rlllnk Stampa 4 pap/!•IUay JKoo Mortgage Amt, llaodiios 1.Dula:Tu .._, TP484 2.SONVMA Mullen Sul)Total &A-3117(County) Sub Total 3.SpocdAdd, ZAd117(Stale) �,,.,,,, TOT,MTC.TAX Ap,T.S.A. Dual Town,, Dual County,_ p , field for ApporUunntent Comm,of Ed. B' b « Transfor Tax Affitlarlt Mansion Tax Casllfisd Cully The properly cut-amd 41y IMS IminKrgo Is or will bo imprured by a one or Ism Sub Total mlty dwaltln Pully. VRS— ur Nb_ puha I C ` , GRAND TOTAL If NO,ago appruprlate till clauto un pelta# of(Ili%Ilutruntool, NMI"I'll properly U%Service Asanoy Vorincal Ion 1,r TIIU Cunq,any lufurmatlen , C0=0f1WWth Q>t(,uu 0 . Company Name C 9s- 1 98t. 7j 1Il1t,PAID Dili Cash CltgcM„�,Charaq__ NllA payor aarog ax R R JLMhS1R7 —�r til+ rr+Wftolmat.Motel �raa.ns,tt .a I ORt =44 aUMMplt v" RECORD&RETURN TO jiw t . Suffolk County Recording & Endorsement Page This page forms part of the attached I made by; (Dead,Mortgage,etc,) The premtsu henia is eileMod it% SUFFOLK COUNTY,NEW YO RK. TO In Clio TOWN of oily In the VILLAGE or HAMLET of ".. .._ DECLARATION OF COVENANTS AND RESTRICTIONS ' DECLARATION`mado this ;2'?�duy of October, 1995. by FREDERICK A. HAUSER and 13ERNARDINE NAUGHTON HAUSER Wk/9 HERNARDINE A. NAUGHTON), residing at 430 Indian Neck Lane, Peconic, NY 11956, hereinafter referred to as the "Declarant." WITNESSETH: WHEREAS, the Declarant is the owner or real property In Peconic, Town of Southold, Suffolk County, New York known and designated as SCTM k 1000.86.4.1,7 ("Lot LIP"). located on the west side or Indian Neck Luna, cumpriwd of S13S0 %quare Soot, a nwou and bounds description of which is sat forth on "Schedule A" annexed hereto and made a part hereof; and WHEREAS, Suffolk County was the owner oh'property known and designated as SCTM 01,000-86-4-1.9 i"Lot 1.9"), located on the west side oS lndlan Neck lane, comprised of 24,720 square fret and situated in Peconic. Town or Southold,Suffolk County, Now York, a mates and bounds description of which Is set rurth on "Schedule H" annexed haroto and made a part honor; and WHEREAS, the Suffolk County transferred to the Declarant the real property heretofore daslgnated Lot 1.9 by clad dated July 24, 1994, and recorder! In the Office of the Clark of Suffolk County tin August 7, 1995 at Libor 11736 page 308; and WHEREAS, Lot 1.9 is designated as park and Playground for the subdivision of Peconic Say Cove; and WHEREAS, this proposed lot line change, to be known as lot line change for Frederick and Bernardino Hauser, is to merge a Lot 1.9 with the ndjacent Lot 1.7; and WHEREAS, the merger of Lot t.7 with Lot 1.9 will rchult in a 75,870 square toot parcel; and WHEREAS, the Southold 'Town Planning Hoard has agreed to (a) change the lot line to morgc Lot 1.9 with Lot 1,7 and (b) remove the t?nrk and PIPyground dostignailon from Lot 1.9 and replace It with a Scenic Easement designation provided that the following covenants and restrictions are imposed; and WHEREAS, the Declaront agrees to the Imposition or the covenants and restrictions required by the said Planning Board and in cansideration of %aid approval hereby agrees to restrict the use and enjoyment of Lot 1.9. NOW, THEREFORE, It is declared that the said premises are hereby hold and shall be sold and conveyed subject to the following covenants and restrictions; I. There shall be no further subdivision of the 75,870 square foot parcel in perpetuity. 2, All structures, including visually impeding fences (for example, stockade type fences) shall be prohibited In the 24,720 square toot Scenic C:nsemcnt; notwithstanding anything heroin to the contrary, non•vlsUally impeding fencci such as a "post-and-rail" Pence %hall be permitted in the 24.720 square toot Scenic Easernent, 3. ' Clearing and grading in the Scenic Easement shall be limited to that necessary for proper maintenance find removal of diseased, decayed or dead material and noxious plant species, ' 4. These covenants and restrictions can be modified only at the request or the then owner of the premises with the approval of the Plunning Board of the Town of Southold attar a public hearing, Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required, IN WITNESS WHEREOF. the Declarant has duly executed this Declaration on the day and your first written above. '' D `R�IC A, BA SR� 111CKNAIRLDINK NAUG TON BAUSER STATE OF NEW YORK, COUNTY OF SUFFOLK SS: On the V"1 day of October, 1995, before me personally came FREDERICK A. BAUSER dt BERNARDINE NAUGHTON BAUSER to me known to be the Individuals described In and who executed the roregoing Instrument, and acknowledged that they executed stance. Nota 1'�u'bll 0s1Y M,MV yQA F: COMMONWRALTN LAND T1TLR INSURANCI COMPANY TITLK NO, BCIIXDULK A TRW PR11MIS22 IN WHICH TIIR INSURID HAS TRW KSTATR OR INTRIi COVKR%0 iY THIS POLICY ALL that curtain plot, piece or parcel of land situate, lying and being at Peconic, in the Town of Southold, County of Suffolk and State of now York, known and designated as Lot No. 5 on a certain map entitled, "subdivision heap of Paoonic say Cove, Now York" and filed in the Office of the Clerk of the County of nuffolk on March 4, 1941 as Map No. 71591 said lot being bounded and described a■ followsi llOINNINQ At a point on the westerly side of Indian Reek Lana distant southerly 497,02 from the corner tarowd by the intersection of the southerly side of Main (state) Road and the westerly side of Indian Nook Lane# RUNNING THICNCIc Youth it degrees 00 minutes west, 141.0 testi THINCE South V degrees 00 minutes Wast, 150.0 test] TNRNC>I North it degrees 00 minutes last, 341.0 feet to the westerly aide of Indian Neck Lane# THINCW North 24 degrees 00 minutes Nest along said westerly side of Indian Neck Lane, IW O test to the point or place of 1190INNING r y L212 COM ONWCALTH LAND TITLX 1NIAM WCR COMPANY 4'ITLR NO, 8C'HRDI)fR 9 Tf11t pitlfKt4K11 Iti WAICII 71111 lNSURAD IIAO T112 ROTATR OK INTRRRS'I' COVRRRD DY THIS POLICY ALL that Certain clot, pioao or parCal of land Situate, lying and boln9 at Peeonic, In the Town of Southold, County of Suffolk and atato of Now York, known and designated as the Park z Playground Parcel as shown an a certain map entitled, "subdivision Map of peeonio flay Cove" and filed in the office of Clerk of County of Suffolk on March 4, f.9s3 as Map No, 71ia; said Park 4 Playground Parcel being more particularly bounded and described as follows► AROINNINO at the northwest corner of tho premises heroin described and the northwost corner of Lot: No. 5 ou paid map. e:1ie rollowing two (2) ao+►rses n►►d diotances from the corner formed by the Interaeation of the southerly olds of Hait► (stats) hood and the westerly side of Indian Neck Lans1 11 1loath 24 %issroes Aa minutes Rett, 457.02 Usti and 21 South 44 degrees 00 minutes West, 341,0 feet to the true point ar place of beginning. kilHNINO THRNCR from said trtte point or plans of hoginning South 24 degrees 00 minutes last, 150,0 feet! THzHCR South 64 degrees 00 minutes West, 147,70 fool: to land now or formorly of Koreleskii TIIXNCK North 21 degrees 17 minutes 10 seconds WOOL 410919 said land now or formerly of Koroleski, 150,11 festa TVICHCR North 46 degrees 00 minutes UAL, 161,90 feet to ttta potnr, or plac4 of 141Rt1Y1t?iSt{Q i fi tl X u THIS LOT LiNE CHANGE BETWEEN AND IS LOCATED ON IN t�econ c SCTM# 1000- 86'Lf- 1.7_t 10 LOT LINE CHANGE plete application received Application reviewed at work session oK inro. a a Applicant advised of necessary revisions - a, � d 0 Revised submission received �. 0 < Lead Agency Coordination 6ax reo;eW 11101 SEQRA determination ,tk�. ��. 1I1oI45 Sent to County Planning Commission of 9S aero` Q Iwlqs L x.O AzF• ixro.� a �a� a Review of SCPC report ti A- a Draft Covenants and Restrictions received 3 qs iero. Q Draft Covenants and Restrictions reviewed 3Ls ro• •�tr ok J I Filed Covenants and Restrictions received Final Public Hearing \Z&ez Approval of Lot Line -with conditions 31s l5s Cori' 9 ,e�+ io u�olgS >�cf� alelq� Endorsement of Lot Line ms 1/1/90 14.16-4(21871—Text 12 PROJECT I.D. NUMBER 617.21 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. 1�P ICANT/SPONSOR A2. PROJECT NAME 3. PROJECT LOCATION: , 'tC. Municipality �u}h 41C) County I 4. PRECISE LOCATION (Street address and road intersections,prominent landmarks,etc.,or provide map) ^'.5u 7nd,ctn NeC1,� ZCAn � Y'ec<>f7IC 5. IS PROP ED ACTION: New ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: rjve Iic Or 5^e (h-V�1f7 l0� �z be G'ddPCJ Ao u, CN t S�f-�� rJIP PFJ 7. AMOUNT OF LAND AFFECTED: n� q S� v B Initially Lr t 7 2 U acr s Ultimately / , acres 8. WrIIL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? G Yes ❑No If No,describe briefly 9. WHATjIS PRESENT LAND USE IN VICINITY OF PROJECT? Residentlal ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM,/1NY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? / �' - ❑Yes No If yes, list agency(s)and permit/approvals 11. DOES ANY ASPE OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes No If yes, list agency name and permit/approval 12. AS A RESULT OOFF OPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? El Yes L�No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE r Appllcantlsponsor name: �n r n L} P L�i/1 �[ u S L r Dale: - r- �/ /% ll/ Signature: i CW 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 PART II—ENVIRONMENTAL ASSERENT (To be completed by Agency) -A. DOES ACTION EXCEED ANY TYPE I TH ESHOLD IN 6 NYCRR, PART 617.12? If yes,coordinate the review process and use the FULL EAF. Dyes o B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.67 If No,a na/aUve declaration may be superseded((by another involved agency. C3 Yes u4hlo C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten, if leg" C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion,drainage or flooding problems?Explain briefly: N0 C2. Aesthetic,agricultural, archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: No C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain'xielly: NO C4. A community's existing plans or goals as officially adopted,or a change In use or Intensity of use of land or other natural resources?Explain briefly �jO C5. Growth,subsequent development,or related activities likely to be induced by the proposed action? Explain briefly. �D C6. Long term,short term,cumulative,or other effects not identified in C1-C6?Explain briefly. . No C7. Other Impacts(including changes in use of either quantity or type of energy)?Explain briefly. W D. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? E3 ??? Yes IC, If Yes,explain briefly PART III—DETERMINATION OF SIGNIFICANCE (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 relevant 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 occur. 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; — 0UAly\0Q \\ ry N Sao�12t1 Name of Lead Agency Print or T ypp Nafne of Resp e Officer in Lead Agency Tn a of Rewons,bie O icer ignature of Responsrifirtficer in Lead Agency Signature of Prepare,(it i Brent from respons icer) / Date 2 APPLICATION FOR APPROVAL OF PLAT SCv,�TH��'1 D'ON."V To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the 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 S').n,A t d,,,^ e,, . ,..a,.d, , , t cr, . . Q U S P r . . . .. .. .. .. .. .. .. . . .. .. .. .... .. . ... ... .. .. . . .. . . . . . .. .. .. .. .. .. .. . . .. . . .... .. . . . . . . .. . .. . . . . . . . . 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: pp tt// �J Liber . .5? &. .. . . .. . . . . .. . . .. . Page . . . .. ..7 . . . . . . . . . . . . . . On . . . .�.:. .!. . . .. . . . . . . . . ; Liber . . . .. . . . . .. . . .. .... .. . Page . . . . . . . . . .. . . . . . . . . . . . On .. .. . . . . . . . , Liber . .. .. .. . . . . . . .... .. . . .. . Page . .. .. . . . . .. . . . . . . . . .. . On . . . .. .. .. . . .. .. . . . . . . . . ; Liber . . . .. .. . . . . . . .. .. . . . . .. . Page . . . .. . . . . . . . . .. .. . . .. . On . . . .. .. . . .. . . .. . . . . .. .. ; b. Liber . .. .. .. .. .. .. . . .. ....... Page . .. . . . . . . . . . . . . . . . . . . . On . . . .. .. . . . . . . .. . . . . . . . . ; as devised under the Last Will and Testament of . . . . . .. .. . . . . .. .. . . .. .. . . . . .. .. . . . . .. . . oras distributee . .. . . .. .. .. .. . . . . ...... .. . . . . . . . . . . . . . . . . . . .. . . .. . . .. . . . .. . . . . . . . . . . .. .. .. .. . . .... .. .. .. ...... . .. . . ......... . . . . . . . . . . . . . . . . . . . . .. . . .. .. . . . ... . .... . . . .. . n Sod tVQ 5. The area of the land is . . . ./S��.7Q . .. . 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) 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 . .. .. .. . . . .. . . . . . . . . . . . .. .. .. I. .. .. . address . . . .... . . .. . . . .. . (c) Mortgage recorded in Liber . . . . . . . . . . . . . . Page . . . . . . . . . . . .. .. . in original amount of . . . .. . . . . . . . . . unpaid amount $. . . . . . . . . . . .. .. . . . . . . . held b ..... .. . . . . .... . ... .. . address . .. . . . . . . . . . . .. . . . . . . .. .. . . . . . . . . .. .. .. .. . . . . . . . .. . . . . . . . S. There are no other encumbrances or liens against the land except . . .�j 1-4. . .. .. . . .. .. . . . . . . . . .. . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. . ... . . .. .. ....... .......... 9• The land lies in the following zoning use districts U(-Cj.4,/.a . . .. .. . . .... . . . . .. .. . .. . ... . . .. . . .. .. .. .. .. . . .. . . . . . . . . . . . . . . . . .. . . . . . . .. .. . . . . . . . . .. .. .. .... .. .. ... . . .. ... . . . . . 10. No part of the land J."). lies under water wheth er tide water, stream, pond water or otherwise, ex- cept . . . .. .. .. . . .14. . .. . . . . .. .. . . . .. . . . . . . . . . . . . .. .. . . .. . . .. . . .. .. . . . .. .... ... .. . . . 11. The applicant shall at his expense install all 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. Water mains will be laid by . . . . . . . . . . . . . . . . . . . . . .. . . .. . . .. . . . . . . . . . . . . . . . . . . . .. .. .. .. . . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . .20. . .. . . .. . . . . .. .. .. . . . . . . . . .. .. . . . . . .. .. .. .. .. . . . . . . .. .. .. .. . . . . . . . . . . . . and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by t / . .. . . . . . . .. . . .. . . . . . . . ... . . . .. . . . . . . . . . .. . . . . .. . . . . . . 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 "L"' hereto, to show same. 17. If streets shown 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 which are not located and shown on the plat. 19. Where the plat shows proposed streets which 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 conjunctions 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 he $. ./ . . . 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 licensed surety company unless otherwise shown on Schedule "IT". DATE . . . ../,.� / �� Z / !PP /ly .r.C�1.nL. ..!: : . h1a.t5 .. . .... . 19. . . �/ (Name of Applicant) By /t'f'G�e I-i C k tr i-J-( I� SQI` Q,i/llLk/,(tel✓,ZD /,� (Sig ature and Title) !`/& 7,1 r/t .n �L e c L� �r1 n e .. . . .... .. . .. . .... ... . . . . (Address) STATE OF NEW YORK, COUNTY OF 15 . .. .. . . . . . . . . .. ss: On the . . . . . . . �.A. . . . . day of. . . . . k�.t �cn1�.L' ,. .. ., 19. Z. ., before me personally carne iM ... . . to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that . .5. executed the same. . .�L, . . . .. ... . . .. .. . . . . . . Notary Public ipS R.9EGORA Na1mp Pd2k State of New Yak No.01SE4844751 ouasbd STATE OF NEW YORK, COUNTY OF . . . .. . . . . . . . . . . . . . . . . . . . . .. . ss: l)VmJXP 31,%2& 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 . .. .. .. .. . . .. . . .. . . . . . . .. .. . of . . . .. .. . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . .. .. . . . . . . .. . . . . . . . ....... . ... . . . . . 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 corporation. and that . . . . . . . . . . . . signed . .. . . . . . . . . . . . name thereto by like order. . . . . . . . .. . . . . . . . . I . . . .. . . .. . . .. . . . ..... . . . ... Notary Public Attachment to questionnaire for:.'the Planning Board STATE OF NEW YORK, COUNTY OF SUFFOLK, ss: On the 1 day of j)GC., , 19V before me personally came QyRNA(LDINt d t l CrCC�Q to me known to be the individual described in and who executed the foregoing instrumE and acknowledged that 7Nr.J executed the same. Notary Pubki c 1115 0.BEt:;DiiA NCVq Pttk$tate of Ner+York _. N0.01BE4B44751 OtIdbdCOmnWW EEVkuima7 M IN Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: 0/ I (/Xo CA C"4 S o A e c/� 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, PLA�fiYINGf/fI3O�fRD "4 TONY OA� iSOU HOLD SL•FFOL�TY Southold. N.Y. 11971 (516) 765.1933 QUESTIONNAIRE TO BE COPIPLETED AND SUBMITTED WITH YOUR APPLICATIONS FOMNIS TO THE PLANNING BOARD Please complete, sign and return to the Office of the -Planning Board with your completed applications forms . If your answer to any of the following questions is es , please indicate these on your guaranteed survey or submit other appropriate evidence. 1. Are there any wetland grasses on this parcel? Yes (Attached is a list o-f the wetland grasses defined No by the Town Code, Chapter 97, for your reference) 2. Are there .any other premises under your otaner�r abutting this parcel? ((\\ Yes No 3. Are there any building permits pending on this parcel? . Yes No 4. Arethere any other applications pending concerning this property before an.X other department. gr agency? (Town. ,_ State, County, etc. ) Yes No 5. Is there any application pending before any other agency with regard to a different project on this parcel? Yes No 6 . Was this property the subject of any prior, application to the Planning Board? Yes No 7. Does this property have a valid certificate of occupancy, if yes please submit a copy of sameNo Yes I certify that , the above statements are true and will be relied on by the Planning Board in considering this application. Wigproperty owner or authorized agent date 14.16.4(2/87)—Text 12 • PROJECT I.D. NUMBER 617.21 SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. JPLICANT/SPONSOR 2. PROJECT NAME L�ernardIne 3. PROJECT LOCATION: z _l n Municipality — -+h l}�C1 County *CJ I 4. PRECISE LOCATION (Street address and road Intersections,prominent landmarks, etc.,or provide map) ki 56 7:Tn d la n N e e l/) Lu n e. Pe cor7 lc , N" L� )!1:,� 5 ( �j Gu fe G/ rl ItJ'ec Lra.le) 5. IS PROP ED ACTION: New ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: L / bit, Seen i C 4 5 e r)1 n I Ya A1C r S�-I ��c de P� 7. AMOUNT OF LAND AFFECTED: n 96 so FPQ4 Initially 2CI gf Ultimately / r acres 8. WrIILLI/�PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? LJ Yes ❑No If No, describe briefly w 9. WHA S PRESENT LAND USE IN VICINITY OF PROJECT? Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM„ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ❑Yes No If yes, list agency(s) and permitiapprovals 11. DOES ANY ASPE5>T OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑Yes No If yes,list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes U No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Q G/ nr � andlne- -e9 . � u s10r" Date: SPC-�� l /C17 Appllcantlsponsor name: Signature: 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 PART II—ENVIRONMENTAL ASSEOENT (To be completed by Agency) -A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.12? If yes,coordinate the review process and use the FULL EAF. ❑Yes ❑No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No,a negative declaration may be superseded by another Involved agency. Elves ❑No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten, If legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid 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 briefly: C3. Vegetation or fauna, fish,shellfish or wildlife species,significant habitats,or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially 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 C1-05? Explain briefly. C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly. Al D. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑Yes ❑No If Yes,explain briefly PART III—DETERMINATION OF SIGNIFICANCE (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 relevant 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 occur, 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: Name of Lead Agency Print or Type Name of Responsib e O(icer in lead Agency Title of Responsible Of icer Signature o Responsible Officer in Lea Agency Signature of Prepare,(1 i fere.[from responsi e o icer) i Date 2 fLt f[[YC M0.0.] t[[5[C MP oIO Np.01 { bit •aa tae. w. an aairarc'ile xF arwa Zia �_Fncx _ a+t d-_._. ._ Nua�uxR +cN nest #�. a llxF I nrcN 7 u{L_. -_.. --I _ 5 .— rW rota xo \ W MNKu a u ro• Nxau gid' i q .oF• •• ue ac x000 m.Weext att xG xoo>' - Po.�. 3 IFTA l Qpg�Yp = 4 ,,� :.:w •. W NW.r .<. ate ��� 4- s ✓ /o" 1} Or rt f tMl•1 5f'La5 � ' 4 ' _ ' J O ias}in• O � u ala •r L.4 fx9 x.A f •Y tWFIF W fY/Iolx 'tt 5•Y \\5 •.[J• L tN+h `�ya1 ••• •{ \ 00 IWY[LO/YLMI NItNILI ' \ • „rV OM•I 5044 x fpM + a �NJ U Towry OF sn\TNOLU _+. J� I \f„J SPo• a.`.. ;:r.r µ wp/ 1 �a I T ••�a.t .+ � p lel ✓ \ / I e4 I •'p •+ MfuMpYO CR[fx /lr ( ! •.... // I `^O req I 55 ®,[,`� • - ••:� \ S aAF\' t .4 ✓ �� �9 [••t61 � a] p�j � .1 J• �- leaa 'V � •' • t�r}IA' r n• � � .y A�ao Ro f '£=c e n � I eA ; !'it•+ 'p,e 1�,"Itn \ l «•] © r✓"'.. .. � /�\ / 0 a e % •/a Lauul I • • 1 as fila siiil I f O�. • • /1 1 �1 ( I T•.M[l x0. •t 11•e • T � ,nµ • r5•V r]� 1� / / O� •tt ftt x0.0x5 .] • • • 1 It 'V I[ / , / i a 'r i '0>-ml .. AyAA IN J ,• ]O y4ld �pN :y .L t=iilA Y' t ��,� � J. �/V SJ u.wtl I [ •• R 1f `' `+w`x •'\ f .,� l� �f% \'w\ d \p[ i " •WS F O Wi rN', / r � 'P•J. a?N .n f+i`\ • t.• T •r / L•.ru•a. nn.ns f•u? , t WUB Na vYY• .••�• •Y1J ♦ .'r d ' +.fix \d•. x i } ++ +a? d +Y .o a". _ iiva — t¢g [v9'a er-oa raT�i..• �1d• " tY •' / �� Y z ariF ' i��i dm Z 1 Z •,y Nuex tr Na 1 /\ ox en stn on �.� �. .� �. COUNTY OF SUFFOLK roxWSOUHO -LD rM.. SOUTHOLDCOUNTY OF SUFFOLK walW xo. i] • Real Properly Tax Service Agency wauteW_ M - f[a./rtaa RIY.rhtOAdI,FLcl.,NNbtrwYpIE AelxlI1N1ttwM0r.lxO.DD P0.�eIrv..N_w.'r .•� 1«�b\«nl.. __Ir)r— LI.h..PFu..«4iLlYr.• ___..tI..�_- Anf,� ® LNMOr•.N� V • NN[FIfV , Service Agency +L [W - _ _. _ .NeaProperty Co.." ct0V .11MIN01000cYN4.fi. tiYnh•odL L,Nay York _-- -- PROPERTY MAP M•V1w an t.•-b•f x^' I,.n O'r"rcrAr - r !v' ° 5 � i e4l i X _ , � 870 cb _ AIIAP OF= 7- L I'VE 7 d r. y^ <.E " Ak E..- L „• -3 .'!O I c•:'r h a �. �..;.vr. D ' A T ,,_.f- r;trrrl:.rt'I^5 SffAtt/t7 rBj`BI' 7`-O J� ...�: �.'/�5,o,:� e7o� � /'eco�,c Boy �ovE "• col�Ic 3 �.; su;;{o/k co. C/e,k'S offi� e as To vv.,,l oj= �O UTHCL J SOUTHOLD TOWN PLANNING BOARD 50 lV 07/4Z, A;fZFA= 7S8'70 ,SQ. FT: i r u TOWN OF SOUTl��i:�7 <-,. 7¢Z QCRec�ry< Mt{VDR SUAi6!!lylL Pl rev h°"��t Win° APPL'GA^JT Guc. �'° Y �a""''o �o2sean. ed TC,X Pri.iyp °n9•:�. . 'ss6t� . �1 LQ4�5- ti'1 7 a 1 9 b.;;. srsq,lor iantp .-un w't'c r, � I 7C t`1 ccn�c -------- kU_. t :;3°pY GrFe.:rj�ort� F:. to- k, PLANNING BOARD MEMBERS BENNETT O Chairman I,JR. 0�.� �/�� Town Hall, 53095 State Route 25 Chairman P.O. Box 1179 WILLIAM J. CREMERS y Z Southold, New York 11971-0959 KENNETH L. EDWARDS Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax (631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 22, 2001 Paul A. Caminiti, Esq. 54075 Main Road P.O. Box 846 Southold, NY 11971 RE: Park and Playground area, Easements in Peconic Bay Cove SCTM# 1000- Dear Mr. Caminiti, The Bausers did purchase the park and playground parcel, and they applied for a lot-line change with the Planning Board. They wanted to merge the park parcel into their lot and replace the park and playground designation With a scenic easement that required the land to remain open but allowed the construction of a fence. However, this process was never completed, as the applicant never submitted the final maps and proof of recording of the Declaration of Covenants and Restrictions. This is why the tax map continues to show the park and playground area. According to the Town of Southold's lot merger provisions in Section 100-25 of the Zoning Code, the Bauser parcels have merged into one lot. The right-of-way between Lots 2 and 3 is not only for park access, but is also listed on the approved subdivision map as an easement for a common driveway. It is the policy of the Planning Board and the State Department of Transportation to limit the amount of curb cuts onto Route 25. The Planning Board would not be willing to remove the easement. SSiiinQc(eerely, O Craig Turner Planner c[ E-MAIL:cgLLP@peconic.net LAW OFFICES FAX.NO.(631)795-5902 CAMINITI&GIBBONS, L.L.P. M/S 54075 MAIN ROAD COR.BECKWITH AVE. L` S P.O. BOX 846 SOUTHOLD,N.Y. 11971-0846 PAULA.CAMINITI (631) 765-5900 IRWIN R. KAPLAN JOSEPH H.GIBBONS OF COUNSEL BETSY PERKINS UEe nSSISTa March 2, 2001 Southold Town Planning Board n Southold Town Hall 4t_ Main Road Southold, NY 11971 Re: Map of Peconic Bay Cove SCTM# 1000-64-1 Eq' )Itlf Dear Sirs: Our office represents Cristina Hessel who recently purchased lot 2 of the above subdivision from Gregg Konarski. The title company produced, covenants and restrictions recorded in Liber 11748 Page 212 reflecting the merger of lots 1.9 with the adjacent lot 1.7. Apparently, Mr. Bauser purchased lot 1.9 which was designated as a park and playground area for the subdivision from Suffolk County for tax arrears. The covenants and restrictions seem to reflect that the Southold Town Planning Board has agreed to the merger and the removal of the park and playground designation from lot 1.9 and replacing the designation with a scenic easement designation. I do not note the signature of any member of the Planning Board to the recorded covenants and restrictions and I trust that you will be able to confirm your consent to the merger of the two lots by a return letter. It would also appear to me that because of the removal of the park and playground designation that the easement between lots 2 and 3 that was created for the respective owners would now be eliminated. I would appreciate your comments on the above so that we can clarify the situation with the title company. Thank you. Very Truirlo X i PAC/]r Paul A. Caminiti PLANNING BOARDMEMBERS 9FF0(,t Richard G. Ward, Chairman G' George Ritchie Latham, Jr. y F < Bennett Orlowski, Jr Mark S . Town Hall,53095 Main Road . McDonald Kenneth L. Edwards �4f ��� Southold 0. BOX 1179 Newyork 11971 FaX(516) 765-3136 I Telephone(516) 765-1938 I PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 7, 1995 Frederick and Bernardine Bauser 450 Indian Neck Lane Peconic, NY 11958 Re: Proposed lot line change for Frederick and Bernardine Bauser SCTM# 1000-86-4.1.7 & 1.9 Dear Mr. and Mrs. Bauser: The following took place at a meeting of the Southold Town Plannin on Monday, February 6, 1995: 9 Board The final public hearing, which was held at 7:40 p.m., The following resolution was adopted: was closed. WHEREAS, Frederick and known and rest Bemardtne Bauser are the Owners owner Of the n as SCTM.# 1000-86-4-1.7, andffof the grope Ocat Property known and d uffolk County ed on the west side of Indian Neck Lane as S ty is the CTM# 1000-86-4-1.9, WHEREAS. I ane In Peconic; and this proposed lot line change. Frederick and Bernardine Bauser, is t g to be designated known as lot line change for 9 ed as Park and Playground for hegsubdivision s With an adjacent 51, quare foot parcel 150 square foot parcel located in p ONC; an Ba WHEREAS, the Planning ionic; and y Cove, Bauser, has agreed g Board, at the request Of Frederick and Be the 24,720 square g eed to remove the Park and Playground designation footmardine Parcel (SCTM# 1000-86-4-1.9) whictheBa s rs F A P Lot line change for Frederick and Bernardine Bauser co February 7, 1995 0, J (D `a intend to purchase from Suffolk County, with the condition that the parcel be redesignated as a Scenic Easement and that the parcel be merged with the Bauser's existing 51,150 square foot parcel (SCTM# 1000-86-4-1.7); and m WHEREAS, since the Park and Playground area was designated as a Park and " c Playground area for the filed subdivision of Peconic Bay Cove and was not (D designed as a buildable lot, the Planning Board has required that restrictions be placed oD- ohibiting further su n, prohibiting all structur other than non wsua y impeding fences-"E example stockade type) within the Scent-Easem6fi area, aha urrnunytiearing and grading within the Scenic Easement area; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on January 9, 1995; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on February 6, 1995; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold will be met upon fulfillment of the conditions of approval; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated December 19, 1994, subject to fulfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution. 1. Six (6) final maps and two (2) mylars must be submitted. All maps must contain the following: A. A notation that a Declaration of Covenants and Restrictions was filed pertaining to the lot line change. The notation must include the liber and page number of the filed document. B. The maps must be drawn at a scale of 10 equal 100 as noted in the Conditional Sketch approval. 2. The Declaration of Covenants and Restrictions required by the Planning Board must be recorded. A copy of the recorded document must be submitted. Page 3 Lot line change for Frederick and Bernardine Bauser February 7, 1995 3. The new deed for the entire 75,870 sq. ft. parcel must be submitted. The deed must note that a Declaration of Covenants and Restrictions has been filed for the property. Please note that you will be required to file the final maps in the S.iffolk County Clerks office once they are endorsed by the Planning Board. Chairman. Please contact this office if you have any questions regarding the above. Sincer��el[[y, v Richard G. Wards Chairman 'PLANNING BOARD MEMBERS70 ' rYtL ! Y✓y Richard G. Ward, Chairman George Ritchie Latham, Jr. ' Town Hall, 53095 Main Road P. OBox 1179 , N Bennett Orlowski, Jr. . Mark S. McDonald � ' � �� :'� '* +� � Southold, Newyork 11971 Kenneth L. Edwards - ' ! Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 10, 1995 Frederick and Bernardine Bauser 450 Indian Neck Lane Peconic,NY 11958 Re: Proposed lot line change for Frederick and Bernardine Bauser SCTM# 1000-86-4-1.7 & 1.9 Dear Mr. and Mrs. Bauser: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, January 9, 1995: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency makes a determination of non-significance and grants a Negative Declaration. BE IT RESOLVED that the Southold Town Planning Board set Monday, February, 6, 1995 at 7:40 p.m. for a final public hearing on the maps dated December 19, 1994. The Planning Board has referred the application to the Suffolk County Planning Commission for review."You will be notified when the Planning Board receives the County's report. A Declaration of Covenants and Restrictions must be prepared to include the following restrictions: i1 There shall be no further subdivision of the 75,870 sq, ft. Parcel in perpetuity. 1 * Proposed lot line change for Frederick & Bernardine Bauser January 10, 1995 6( 1. / Structures, including fences, shall be prohibited in the 24,720 �/ sq. ft. Spgnic Easement. (03Clearing and grading in the Scenic Easement shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. A notation must be placed on the final map stating that a Declaration of Covenants and Restrictions has been filed. The notation must include the liber and page number of the recorded document. In addition, the final maps must be prepared at a scale of 1" equals 100'. The current plan is sufficient as a detailed plan, however, the overall layout must be drawn at the above mentioned scale. Please note that prior to the Planning Board granting any final approval to — the lot line change, a new deed for the entire 75,870 sq. ft. parcel must be submitted. The deed must note that a Declaration of Covenants and Restrictions has been filed for the property. In addition, since changes are being made to a filed subdivision map (Peconic Bay Cove) you will be required to abandon the applicable section of the filed map. Please contact the Suffolk County Clerks Office in regard to the procedure for filing the abandonment with that office. Enclosed please find a copy of the Negative Declaration for your records. Sincerely, Richard G. Ward �"rS Chairman enc. NI i a i r� oZ I F� Y\ rLrLq awl H •i. ;h 7 L 7 1 Z,4 *0 0*6 . ` F jo -- I �; sie i •� �9 f v � A j I 1 . a i V � • I { i{ l,tiV '. Q� 10 t t 2 t v.; y �.i r, til; 3.[4 '00G-". ti 0 ,' I N' Z a Q L� h 'G ,A;a.7 iZ 100 U j, Q , � !i✓C)!An ck. 4A. ' rWl I lz6o ? - ti E-MAIL:c9LLPOpeconic.net LAW OFFICES FAX.NO.(631)765-5902 CAMINIn&GIBBONS, L.L.P. 54075 MAIN ROAD COR.BECKWITH AVE. P.O.BOX 846 SOUTHOLD,N.Y. 11971.0846 PAULA.CAMINITI (631)765-5900 IRWIN R.KAPLAN JOSEPH H.GIBBONS OF COUNSEL BETSY PERKINS March 23, 2001 LE(i4L ASSISTOM Craig Turner, Planner . Town of Southold Planning Board 53095 Main Road Southold, NY 11971-0959 MAR 2 6 301 RE: Park and Playground Area, Easements in Peconic Bay Cove -:outhold Town SCTM #1000-86-4-1.4 retannimp Board Dear Craig: Thank you for responding to our inquiry and I acknowledge receipt of your letter of March 22, 2001. The survey that I am looking at contains a 16' right-of-way from Main Road running south all the way from Main Road to Lot 1.9 which was the original park and playground area. If I read your letter correctly, it states that the Board agreed to the lot merger of Lots 1.9 and Lot 1.7 and that the designation of Lot 1.9 was changed from a park and playground area to a scenic casement. It would appear that you are in agreement that the easement or the right-of-way to the park and playground area has terminated since it is no longer a park and playground but that the right-of-way continues as an easement for a common driveway between Lots 2 and 3 on the subdivision map. This might possibly be true except that the owner of Lot 3 obtained a building permit for the construction of a new home and was not required to use the common driveway between the two lots but has direct access to Route 25 by means of a separate driveway. This does not seem to be a conformity with the policy stated in your letter and I would find it difficult to reconcile your conclusions or your reluctance to remove the easement. ;t Very truly yours, )A4UTI P PAC/cgl PLANNING BOARD MEMBERS �oSpFFU(�Y� BENNETT ORLOWSKI,JRTown Hall, 53095 State Route 25 . =0 Gyp Chairman P.O. Box 1179 WILLIAM J. CREMERS VJ x Southold, New York 11971-0959 KENNETH L.EDWARDSGy • �� Telephone (631) 765-1938 GEORGE RITCHIE LATHAM,JR. Fax (631) 765-3136 RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 22, 2001 Paul A. Caminiti, Esq. 54075 Main Road P.O. Box 846 Southold, NY 11971 RE: Park and Playground area, Easements in Peconic Bay Cove SCTM# 1000- Dear Mr. Caminiti, The Bausers did purchase the park and playground parcel, and they applied for a lot-line change with the Planning Board. They wanted to merge the park parcel into their lot and replace the park and playground designation with a scenic easement that required the land to remain open but allowed the construction of a fence. However, this process was never completed, as the applicant never submitted the final maps and proof of recording of the Declaration of Covenants and Restrictions. This is why the tax map continues to show the park and playground area. According to the Town of Southold's lot merger provisions in Section 100-25 of the Zoning Code, the Bauser parcels have merged into one lot. The right-of-way between Lots 2 and 3 is not only for park access, but is also listed on the approved subdivision map as an easement for a common driveway. It is the policy of the Planning Board and the State Department of Transportation to limit the amount of curb cuts onto Route 25. The Planning Board would not be willing to remove the easement. fSiin�cerelyy,, 0�� _ - "_ Craig Turner Planner E-MAIL:cgLLPOpeconic.net LAW OFFICES FAX.NO.(631)765.5902 CAMINITI&GIBBONS, L.L.P. MIS 54075 MAIN ROAD COR.BECKWITH AVE. �C P.O.BOX 846 J SOUTHOLD,N.Y. 11971-0846 PAUL A.CAMINITI (631)765-5900 IRWIN R.KAPLAN JOSEPH H.GIBBONS OF COUNSEL BETSY PERKINS LEdLL PSSISTANT March 2, 2001 T , ,,� _• ��, Main Road � j Southold Town Planning Board � � , Southold Town Hall _ _ �7 5 ��� Southold, NY 11971 Re: Map of Peconic Bay Cove SCTM# 1000-64-1 M`af`IIIv Dear Sirs: Our office represents Cristina Hesse► who recently purchased lot 2 of the above subdivision from Gregg Konarski. The title company produced, covenants and restrictions recorded in Liber 11748 Page 212 reflecting the merger of lots 1.9 with the adjacent lot 1.7. Apparently, Mr. Bauser purchased lot 1.9 which was designated as a park and playground area for the subdivision from Suffolk County for tax arrears. The covenants and restrictions seem to reflect that the Southold Town Planning Board has agreed to the merger and the removal of the park and playground designation from lot 1.9 and replacing the designation with a scenic easement designation. I do not note the signature of any member of the Planning Board to the recorded covenants and restrictions and I trust that you will be able to confirm your consent to the merger of the two lots by a return letter. It would also appear to me that because of the removal of the park and playground designation that the easement between lots 2 and 3 that was created for the respective owners would now be eliminated. I would appreciate your comments on the above so that we can clarify the situation with the title company. Thank you. Very Tru o PAC/Ir Paul A. Caminiti PLANNING BOARD MEMBA gpFFO(,f�o • Town Hail, 53095 Main Road RICHARD G.WARD ,�� Gy P.O. Box 1179 Chairman Southold, New York 11971 GEORGE RITCHIE LATH",JR. y Z Fax(516)765-3136 BENNETT ORLOWSKI,JR. .r Telephone(516) 765-1938 WILLIAM J.CREMERS P KENNETH L.EDWARDS �TJQl �a4 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 14, 1996 Deborah Doty, Esq. P.O. Box 1181 Cutchogue, New York 11935 RE: Proposed lot line change for Frederick and Bernardine Bauser SCTM# 1000-86-4-1.7 and 1.9 Dear Ms. Doty: The.second ninety day extension of conditional final approval for the above mentioned lot line change expired on February 6, 1996. As you know, the Planning Board discussed your request for an additional extension at the March 11, 1996 work session. The Planning Board is not in favor of granting an additional extension. If your client wishes to pursue the lot line change, a new application fee in the amount of $125.00 (one-half of the $250.00 lot line application fee) is required. Upon receipt of the application fee, another final hearing will be scheduled. Please contact me if you have any questions regarding the above. Sincerely, Melissa Planner o��SpFfO(�1'�0 PLANNING BOARD MEMBERS = O` Richard G. Ward, Chairman y = Town Hall, 53095 Main Road George Ritchie Latham,Jr. ^+ P. O. Box 1179 • Bennett Orlowski,Jr. Southold, New York 11971 y � Mark S. McDonald ��,( .�`��, Fax(516) 765-3136 Kenneth L. Edwards Telephone(516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 14, 1995 Deborah Doty, Esq. P.O. Box 1181 Cutchogue, NY 11935 Re: Proposed lot line change for Frederick and Bernardine Bauser SCTM# 1000-86-4-1.7 & 1.9 Dear Ms. Doty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, November 13, 1995: BE IT RESOLVED that the Southold Town Planning Board grant a second ninety (90) day extension of conditional final approval. Conditional final approval was granted on February 6, 1995. The second ninety day extension will expire on February 6, 1996 unless all conditions have been fulfilled. Please note that this will be the last extension that the Planning Board will be granting. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman 0r.. 1 aac 14: a7 51 SrEtC09H XT, F•"5c Li_ . DEBORAH DOTY ATTORNEY AT LAW 670 WEST CREEK A VFNUE P.O. Box 1181 CUTCHOGUE, NY 11935-0876 FAY 51&7347702 516-734-6648 FAX LETTER DATE: November 1, 1995 TO: Southold Planning Board 1Li NOV 2 1995 FAX #: 516-765-3136 P ANNHI�u 809tu FROM: Deborah Doty RE: Proposed Lot Line Change for Frederick & Bernardine Bauser SCTM ## 1000-086.00-04.00-001.00.007 & 001.009 TOTAL PLUMBER OF PAGES INCLUDING THIS PAGE i . If you do not receive all of :he pages, please call this office as soon as possible. MESSAGE: Dear Members of the Board: By its Resolution dated August 8, 1995, the Southold Planning Board granted a 90 day extension of the conditional final approval. The maps have been prepared and the Declaration of Covenants and Restrictions has been filed with the Suffolk County Clerk. We are waiting to receive a conformed copy of the Covenants and Restrictions so that the recording informe.tion may be inserted on the final traps. Inasmuch as the Board's submission deadline is November 6, 1995, this is to request an extension of the time in which to submit final maps in connection with the above- referenced lot line change. Respectfully submitted, Deborah Doty DD:bdr cc: Frederick & Bernardine Bauser 1MPORTAN7i TIM INFORMATION CONTAINED N TE03 FACS041LE TRANSM1EElON IS BEING SENT BY A LAW OPTICS ANDMAY CJNTAN NPORMATION "MCH IS PRIVILEGED.AND/OR CONFIDENTIAL. THE INFORMATION IS INTENDED ONLY MR THR USE OF TNM NDIYIDUAL OR cO1~v NAMED ABOVE. I£YOU ARE NOT THE INTENDED AECU914N7 OR AN EMPLOYEE OR AGENT RESPONSIBLE FOR DEMVERNG TNRS£ACED LLE TOWS INTENDED RECMMNT, PLEASE BR ADVISED THAT ANY LNACTROAMEDDLSE.NINATION.DISTRIBUTION.DISCLOSURE OR COFYNOOFTIUS COMMUNICATION IS PROHIBITED AND NAY AE PUN:SHABL£HIDER APPLICABLE LAWS. o��gUFFO(,I-coG� PLANNING BOARD MEMBERS v c Town Hall, 53095 Main Road Richard G. Ward, Chairman w Z P. O. Box 1179 George Ritchie Latham, Jr. p Bennett Orlowski, Jr. Southold, New York 11971 3136 Mark S. McDonald �O! �a Fax (516) 765- Kenneth L. Edwards Telephone(516) 7665-15-1 938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 8, 1995 Deborah Doty, Esq. P.O. Box 1181 Cutchogue, NY 11935 Re: Proposed lot line change for Frederick and Bernardine Bauser SCTM# 1000-8641.7 & 1.9 Dear Ms. Doty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, August 7, 1995: BE IT RESOLVED that the Southold Town Planning Board grant a ninety (90) day extension of conditional final approval. Conditional final approval was granted on February 6, 1995. The 90 day extension will expire on November 6, 1995 unless all conditions have been fulfilled. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman F -7 .,'-�r� _ :�(SiIP4H D ITV ESO _ . PACE 91 a y , DEBORAH DOTY P� ATTORNEY AT LAW 670 WEST CREEK AVENUE P (). BOX 1181 CUTCHOGUE, NY 11935-0876 1Y�x 516731-7702 516-734-6648 FAX LETTER DATE: July 26, 1995 :0�TO: Southold Planning Board � 5FAX #: 516-765-3136 MSOUTN FROM: Deborah Doty RE: Proposed Lot Line Change for Frederick & Bernardine Bauser SCTM ## 1000-086.00-04.00-001.00.007 & 001.009 TOTAL NUMBER OF PAGES INCLUDING THIS PAGE t if you do not receive ail of the pages, please call this office as soon as possible. MESSAGE: The Resolution of the Southold Planning Board dated February 7, 1995 requires that all conditions be mer within six (6) months of the date of the Resolution. Documents were submitted timely to the Suffolk County Division of Real Estate so that the Bauser's purchase of the small lot could be consummated. Despite repeated telephone calls, the matter sat with the Division since early March pending adoption of a resolution by the Legislature. Last week, at the request of Robert Bhatt of the Division, I sent a money order in the amount of the real estate tax adjustment to the Division. Mr. Bhatt has assured me that the deed will be released by the Division shortly. Inasmuch as the Board's submission deadline is August 7, 1995, this letter is to request an extension of the time in which to submit final maps in connection with the above-referenced lot line change. Respectfully submitted, Deborah Dory DD:bdr CC: Frederick & Bernardine Bauser IMPOA : THE INFORMATION CONTAINED IN TRIS FACSIMILE TRANSMISSION 19 BEING SEBT By A LAW OFFICE AND MAY CONTAIN INFORMATION wIUCH 1E PRIVILEGED AND+OR GONMENTIAL. THE INFDRMATION IS INTENDED ONLY Y FOR THE USE OF THE INDIVIDUAL OR C(RMPANY NAMED ABOVE. it'VOL ARE NOT101A INTENDED RECIPIENT OR AN EMPL012E OR A<:RNT RESPONSIBLE FOR DELIVERLNC TINS FACSIMILE TO TIKE INTENDED RRCIPIANT. P($ASE BE ADVIRLD TINT ANY LNALTHURIZF.D DIS$F.M1IINATION,DISTRIBUTION,DISCIAWIIRE OR COPYBVO OFTNIS COMDIUNICAS-ION 1$PROIDBITED AND NAY BE PUNISHABLE UNDER AITUC'ARLE LAWS. SUBMISSION WITHOUT COVER LETTER DATE: 3I3Igs SENDER: i SUBJECT: �0.vs�2 Lai SCTMum : + I. 9 COMMENTS: . ti DECLARAT*T OF COVENANTS AND RFSTRICTIONS DECLARATION made this _ day of 1995, by FREDERICK A. BAUSER and BERNARDWE BAUSER, residing at 450 Indian Neck Lane, Peconic, NY 11958, hereinafter referred to as the "Declarant." WITNESSETH: WHEREAS, the Declarant is the owner of real property in Peconic, Town of Southold, Suffolk County, New York known and designated as SCTM#1000-86-4-1.7 ("Lot 1.7"), located on the west side of Indian Neck Lane, comprised of 51,150 square feet, a metes and bounds description of which is set forth on "Schedule A" annexed hereto and made a part hereof; and WHEREAS, Suffolk County is the owner of property known and designated as SCTM #1000-86-4-1.9 ("Lot 1.9"), located on the west side of Indian Neck Lane, comprised of 24,720 square feet and situated in Peconic, Town of Southold, Suffolk County, New York, a metes and bounds description of which is set forth on "Schedule B" annexed hereto and made a part hereof; and WHEREAS, Lot 1.9 is designated as Park and Playground for the subdivision of Peconic Bay Cove; and WHEREAS, the Declarant, intends to purchase real property heretofore designated Lot 1.9; and WHEREAS, this proposed lot line change, to be known as lot line change for Frederick and Bernardine Bauser, is to merge a Lot 1.9 with the adjacent Lot 1.7; and WHEREAS, the merger of Lot 1.7 with Lot 1.9 will result in a 75,870 square foot parcel; and WHEREAS, the Southold Town Planning Board has agreed to (a) change the lot line to merge Lot 1.9 with Lot 1.7 and (b) remove the Park and Playground designation from Lot 1.9 and replace it with a Scenic Easement designation provided that the following covenants and restrictions are imposed; and WHEREAS, the Declarant agrees to the imposition of the covenants and restrictions required by the said Planning Board and in consideration of said approval hereby agrees to restrict the use and enjoyment of Lot 1.9. NOW, THEREFORE, it is declared that the said premises are hereby held and shall be sold and conveyed subject to the following covenants and restrictions: 1. There shall be no further subdivision of the 75,870 square foot parcel in perpetuity. 2. All structures, including visually impeding fences (for example, stockade type fences) shall be prohibited in the 24,720 square foot Scenic Easement; notwithstanding anything herein to the contrary, non-visually impeding fences such as a "post-and-rail" fence shall be permitted in the 24,720 square foot Scenic Easement. 3. Clearing and grading in the Scenic Easement shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and noxious plant species. . • 4. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration on the day and year first written above. FREDERICK A. BAUSER BERNARDWE BAUSER STATE OF NEW YORK, COUNTY OF SUFFOLK SS: On the day of 1995, before me personally came FREDERICK A. BAUSER & BERNARDINE BAUSER to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed same. Notary Public Southold Town P 0ning Board 4 February 6 , 1995 Mr . Latham: Second . Mr. Ward : All in favor? Ayes : Mr . McDonald , Mr Orlowski , Mr . Latham, Mr. Ward . Mr . Ward: Opposed? Motion carried . Mr . Orlowski : I also make a motion that WHEREAS, Andrew Krupski is the owner of the property known and designated as SCTM# 1000--64--5-12 & 13 , located on the west side of Town Harbor Lane in Southold; and WHEREAS, this proposed minor subdivision , to be known as minor subdivision for Andrew Krupski , is for 2 lots on 30, 799 square feet; and WHEREAS, a variance to the zoning ordinance was granted by the Zoning Board of Appeals on April 27 , 1983; and WHEREAS, the Southold Town Planning Board , pursuant to the State Environmental Quality Review Act, (Article 8) , Part 617 , declared itself lead agency and issued a Negative Declaration on October 3 , 1994; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall , Southold , New York, on February 6 , 1995; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final surveys dated Nobember 15 , 1994 . Mr . Latham: Second . Mr . Ward: All in favor? Ayes : Mr . McDonald , Mr . Orlowski , Mr . Latham, Mr . Ward . Mr . Ward : Opposed? Motion carried . (Chairman endorsed surveys ) Mr . Ward : Frederick and Bernardine Bauser -- This lot line change is to merge a 24 , 720 square foot parcel designated as Park and Playground for the subdivision of Peconic Bay Cove , with an adjacent 51 , 150 square foot parcel located in Peconic . The park and playground designation is to be removed and replaced with a Scenic Easement designation . SCTM# 1000--86--4--1 . 7 & 1 . 9 . Southold Town P*ning Board 5 • February 6, 1995 Is there anybody here that would like to address the Board on this particular hearing? If not , what ' s the pleasure of the Board? Mr . McDonald: Mr. Chairman, I make a motion to close the hearing. Mr . Latham: Second . Mr. Ward : Motion seconded . All in favor? Ayes : Mr. McDonald, Mr . Orlowski , Mr. Latham, Mr . Ward . Mr . Ward: Opposed? Motion carried . Mr. McDonald: Mr. Chairman, I 'd like to make a further motion that WHEREAS, Frederick and Bernardine Bauser are the owners of the property known and designated as SCTM# 1000--86-4-1 . 7, and Suffolk County is the owner of the property known and designated as SCTM# 1000--86--4--1 . 9, located on the west side of Indian Neck Lane in Peconic; and WHEREAS, the proposed lot line change, to be known as lot line change for Frederick and Bernardine Bauser, is to merge a 24 , 720 square foot parcel designated as Park and Playground for the subdivision of Peconic Bay Cove, with an adjacent 51 , 150 square foot parcel located in Peconic; and WHEREAS, the Planning Board , at the request of Frederick and Bernardine Bauser, has agreed to remove the Park and Playground designation from the 24 , 720 square foot parcel (SCTM#1000--86-4--1 . 9) which the Bauser ' s intend to purchase from Suffolk County, with the condition that the parcel be redesignated as a Scenic Easement and that the parcel be merged with the Bauser ' s existing 51 , 150 square foot parcel (SCTM# 1000--86--4--1 . 7) ; and WHEREAS, since the Park and Playground area was designated as a Park and Playground area for the filed subdivision of Peconic Bay Cove and was not designed as a buildable lot , the Planning Board has required that restrictions be placed on the lot prohibiting further subdivision, prohibiting all structures , other than non--visually impeding fences ( ie . stockade type) :within the Scenic Easement area, and limiting clearing and grading within the Scenic Easement area; and WHEREAS, the Southold Town Planning Board , pursuant to the State Environmental Quality Review Act , (Article 8) , Part 617, declared itself lead agency and issued a Negative Delaration on January 9, 1995; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall , Southold , New York on February 6 , 1995; and Southold Town *ning Board 6 0 February 6 , 1995 WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold will be met upon fulfillment of the conditions of approval; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated December 19, 1994 , subject to fulfillment of the following conditions . All conditions must be met within six ( 6) months of the date of this resolution . 1 . Six ( 6) final maps and two ( 2 ) mylars must be submitted . All maps must contain the following: A. A notation that a Declaration of Covenants and Restrictions was filed pertaining to the lot line change . The notation must include the liber and page number of the filed document . B. The maps must be drawn at a scale of 1 inch equals 100 feet as noted in the conditional sketch approval . 2 . The Declaration of Covenants and Restrictions required by the Planning Board must be recorded . A copy of the recorded document must be submitted . 3 . The new deed for the entire 75 , 870 square foot parcel must be submitted . The deed must note that a Declaration of Covenants and Restrictions has been filed for the property . Mr . Orlowski : Second . Mr . Ward : Motion seconded . All in favor? Ayes : Mr . McDonald , Mr . Orlowski , Mr . Latham, Mr . Ward . Mr . Ward : Opposed? Motion carried . Mr . War John H. and James McNeil -- This lot 1 ' e change is to change t lot lines of two existing parcels o 96 , 049 square feet and 0. 299 a es into two paKeb f 55 , 721 s are feet and 55 , 631 square feet . # 1000--10 , 18 . 1 , 9, 20, 21 , 22 . Is the applicant or the ag t for lican here to address the Board? Abigail Wickham: Abigail r the McNeils . Gentlemen , I would like to make a somewhual request tonight that you hold the hearing open for two reS . Number one, although this property has been on the mr uite a while , and has been before your Board for qui etime, hey just over the past few days received an offe for se and t e prospective purchaser may want to do some ing sldifferent ith the property . So , before we conclu this particulartransaction we would like to have an opport ity to look at that and explore at further , both with you an with them. And the econd reason , which just came up this afternoon Mr . McNeil alled me and raised a question about the title to one of the 1 s . F04 PLANNING BOARD MEMBERS ��L O Richard G.Ward, Chairman y Town Hall,53095 Main Road George Ritchie Latham,Jr. J ^ P. O. Box 1179 Bennett Orlowski,Jr. r ' Southold, New York 11971 Mark S. McDonald �1 �� Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 7, 1995 Frederick and Bernardine Bauser 450 Indian Neck Lane Peconic, NY 11958 Re: Proposed lot line change for Frederick and Bernardine Bauser SCTM# 1000-86-4-1.7 & 1.9 Dear Mr. and Mrs. Bauser: The following took place at a meeting of the Southold Town Planning Board on Monday, February 6, 1995: The final public hearing, which was held at 7:40 p.m., was closed. The following resolution was adopted: WHEREAS, Frederick and Bernardine Bauser are the owners of the property known and designated as SCTM# 1000-86-4-1.7, and Suffolk County is the owner of the property known and designated as SCTM# 1000-86-4-1.9, located on the west side of Indian Neck Lane in Peconic; and WHEREAS, this proposed lot line change, to be known as lot line change for Frederick and Bernardine Bauser, is to merge a 24,720 square foot parcel designated as Park and Playground for the subdivision of Peconic Bay Cove, with an adjacent 51,150 square foot parcel located in Peconic; and WHEREAS, the Planning Board, at the request of Frederick and Bernardine Bauser, has agreed to remove the Park and Playground designation from the 24,720 square foot parcel (SCTM# 1000-86-4-1.9) which the Bausei s Page 2 Lot line change for Frederick and Bernardine Bauser February 7, 1995 intend to purchase from Suffolk County, with the condition that the parcel be redesignated as a Scenic Easement and that the parcel be merged with the Bauser's existing 51,150 square foot parcel (SCTM# 1000-86-4-1.7); and WHEREAS, since the Park and Playground area was designated as a Park and Playground area for the filed subdivision of Peconic Bay Cove and w.3s not designed as a buildable lot, the Planning Board has required that restrictions be placed on the lot prohibiting further subdivision, prohibiting all structures, other than non visually impeding fences (for example stockade type) within the Scenic Easement area, and limiting clearing and grading within the Scenic Easement area; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on January 9, 1995; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on February 6, 1995; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold will be met upon fulfillment of the conditions of approval; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated December 19, 1994, subject to fulfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution. 1. Six (6) final maps and two (2) mylars must be submitted. All maps must contain the following: A. A notation that a Declaration of Covenants and Restrictions was filed pertaining to the lot line change. The notation must include the liber and page number of the filed document. B. The maps must be drawn at a scale of 1' equal 100 as noted in the Conditional Sketch approval. 2. The Declaration of Covenants and Restrictions required by the Planning Board must be recorded. A copy of the recorded document must be submitted. Page 3 Lot line change for Frederick and Bernardine Bauser February 7, 1995 3. The new deed for the entire 75,870 sq. ft. parcel must be submitted. The deed must note that a Declaration of Covenants and Restrictions has been filed for the property. Please note that you will be required to file the final maps in the S:jffolk County Clerks office once they are endorsed by the Planning Board. Chairman. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Wards Chairman COUNTY OF S$OJX ) —UgUAIL NOTICE NsbnaWave of Mattituck, Notice ofPublic Bearing in said County, being duly sworn, says that he/she 1s NOTICE 1S t)EREBY GIVEN that Principal Clerk of THE SUFFOIX TIMES, a Weekly pursuant to Section 276 of the Town Law,a public hearing will be held by Newspaper, published at Mattituck, In the Town of the Southold Town Planning Board at Southold, County of Suffolk and State of New York, the Town Hall,Main Road,Southold New York in said Town on the 6th day and that the Notice of which the annexed Is a of February. 1995 on the question of printed copy, has been regularly published In said the following: 7:30 P.M.Final public hearing for Newspaper once each week for 1_ weeks the proposed minor subdivision for successively, commencing on the day of Conrad Bagenski, in Cutchogue, Town of Southold, County ;O Suf- 1035folk, State of New York. Suffolk County Tax Map Number 1000-109- 3-9. The property o bordered rl the /%�f�t k north by land now or formerly land noww l Cron:oa�eorthe o y CHMSTINAVOLINSKI or d now f rmerl m the east by Nary Public,State of Nwv Yat Principal Clerk land now or formerly of Lowe: of No.6004884 southeast by land now or formerly of Qualified in Suffolk Counr, D Road; n t e the south by Main I �«N ---•^t 11", Road: on the wast by land now on NaYa_ftlbM 73. formerly of Adel and by land anw or `_b��r L,'� Jf)( [( Vt^( /x formerly of Stepnoski; and on the Notary Public north, south,east and west by land now or formerly of Kaelin. 7:35 P.M. Final public bearing for the proposed minor subdivision for Sworn t before me this! Andrew Krupski, in Southold,Town of Southold,County of Suffolk,State day O ;9 I r of New York. Suffolk County Taxi Map Number 1000-645-12& 13. The property is bordered on the , north by Town Harbor Lane; on the east by land now or formerly of William McCarthy and wf.;on the southeast by land now or formerly of Andrew Berger and John Sullivan;on the south by land now or formerly o Donald B. Gross and wf.; on the southwest by land now or formerly of John F.and Linda M.Martin;and on the west by land now or formerly of Loveridge. 7:40 P.M.Final public hearing on µrt. .. _ the lot line change for Frederick and Bemardine Bauser,in Peconic..Town of Southold,County of Suffolk,State of New York. Suffolk County Tax Map Number 1000-96-4-1.7&1.9. The property is bordered on the - north by land now or formerly of Ralph and Elizabeth Scheider;on the east by Indian Neck lane;on the south by land now or formerly of Lawrence J.and Karen Suskevich;on the south- �;• west by land now or formerly of Koroleski; and on the northwest by land now or formerly of Monica Kneuer. 7:45 P.M. Final public hearing on the lot line change for John H. and James McNeil,in Cutchogue,Town of Southold,County of Suffolk,State of ` New York. Suffolk County Tax map Number 1000-103-13-16,19.1.19,20, 21,22. The property is bordered on the north by Pequash Ave.(Fleets Neck Rd.); on the east by land row or for- merly of J.Gadomski&A.E.Piccolo; - on the southeast by land now or for- merly of D.G.Walsh&J.O'Keefe;on the south by West Creek Road;and on -�s 4 the west by Old Pastan:Road Dated:January 231 1995 BYORDBROF THE • ! COUNTY OF SUFFOLK STATE OF NEW YORK ss: Tim Kelly, being duly sworn, says that he is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suf- folk County; and that the notice of which the annexed is'a printed copy, has been published in said Traveler-Watchman once each week for .......................................... ..........................weeks successively ommencing on the ...� ........ day of............ .... ....�...................,19. 1.. , ........... `.... .... ................................. Sworn to before me this........: .........day of ...................�. n ....... ....................� .... -_ PLANNING BOARD north, south, east and west by Scheider,on the east by Indian Notary Public OFFICE land now orformerlyof Kaelin. Neck Lane; on the south by BARBARA A. SCHNEIDER TOWN OF SOUTHOLD 7:35 p.m.Final public hear- land now or formerly of NOTARY PUBLIC,State of New York 806846 NOTICE OF PUBLIC in for the proposed Noin Suffolk 8 P P Lawrence J. and Karen Qualified in SuffolktAun HEARING division for Andrew Krupski, Suskevich;onthesouthwestby CommissionExplres 8�3r/9V in Southold,town of Southold, land now or formerly of NOTICE IS HEREBY County of Suffolk, State of Koroleski; and on the north GIVEN that pursuant to Sec- New York.Suffolk County Tax west by land now or formerly -tion 276 of the Town Law, a Map Number 1000-64-5-12& of Monica Kneuer. public hearing will be held by 13. 7:45 p.m.Final public hear- the Southold Town Planning The property is bordered on ing on the lot line change for Board,at the Town Hall,Main the north by Town Harbor John H.and James McNeil, in Road, Southold,New York in Lane;on the east by land now Cutchogue,Town of Southold, Sr`said Town on the 6th day of or formerly of William County of Suffolk, State of February,1995 on the question McCarthy and wife; on the New York.Suffolk Countv Tax of the following: southeast by land now or for- Map Number 1000-103-13-16, 7:30 P.M.Final Public hear- merly of Andrew Berger and 18.1, 19,20,21,22. Ing for the proposed lot line John Sullivan;on the south by The property is bordered on. _ change for the. proposed in land now or formerly of John the north by Pequash Ave., ,utchogue, Town of Southold, F.and Linda M.Martin;and on (Fleets Neck Road);on the east t 7ounty of Suffolk, State of the west by land now or for- by land now or formerly of J. ewYork.Suffolk County Tax merly of Loveridge. Gadomski&A'E. Piccolo;on ap Number 1000-108-3-9. 7:40 p.m.Final public hear- the southeast by land now or The property is bordered on ing on the lot line change for formerly of D.G. Walsh & J. north by land now or for- Frederick and Bernardine O'Keefe;on the south by West 'Iy of Cross;on the east by Bauser, in Peconic, Town of Creek Road; and on the westELOAUNTNIEN Rnow or formerly of Lowe; Southold, County of Suffolk, by Old Pasture Road. S Doutheast by land now or State of New York. Suffolk Dated: January 23, 1995 erly of Krespach; on the County Tax Map Number BY ORDER OF THE by Main Road, on the 1000-86-4-1.7& 1.9. SOUTHOLD TOWN,y land now or formerly The property is bordered on PLANNING BOARD d and by land now or for- the north by land now or for Richard G. Ward,Chairman1f Stepnoski;and on the merly of Ralph and Elizabeth IX-12ti/93,.� • COUNTY OF SUFFOLK* S49 RK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING January 25, 1995 Mr. Richard Ward, Chairman Town of Southold Planning Board 53095 Main Road Southold,NY 11971 Plat Name: Lot Line Change - Bernadine & Frederick Bauser Tax Map No.: 1000-86-4-1.7 & 1.9 SCDP File No.: S-SD-95-01 Dear Mr. Ward: Pursuant to the requirements of Section A14-24, Article XIV of the Suffolk County Administrative Code, the above captioned proposed final plat which has been referred to the Suffolk County Planning Commission is considered to be a matter for local determination; however,this shall not be construed as Commission approval or disapproval of this subdivision. Comments: This action does not constitute a subdivision as no new lots are created. Very truly yours, Stephen M. Jones Director of Planning S/s Robert E RiekertSenior Planner Subdivision Review Division RR:mb Encl.: Map JAN 2 7 M SOUTHOLD TOWN PLANNING BOARD 220 RABRO DRIVE ■ P.O. BOX 6100 ■ HAUPPAUGE. LONG ISLAND. NY 11788-0099 ■ (516) 853-5192 FAX (516) 853-4044 �r�9'JFr �o PLANNING BOARD MEMBERS =yam Richard G.Ward, ChairmanH Town Hall, 53095 Main Road George Ritchie Latham,Jr. u T P. O. Box 1179 Bennett Orlowski,Jr. Southold, New York 11971 Mark S. McDonald Fax (516)7653136 Kenneth L. Edwards `e Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 27, 1995 Frederick and Bernardine Bauser 450 Indian Neck Lane Peconic, New York 11958 RE: Proposed lot line change for Frederick and Bernardine Bauser SCTM# 1000-86-4-1.7 8 1 .9 Dear Mr. and Mrs. Bauser: As per your request, the Planning Board reviewed Condition Number 2 of the January 9, 1995 conditional sketch approval, at the last work session. The Planning Board decided to allow fences to be located within the Scenic Easement sq long as they are not the type of fence that will be a visual barrier to the scenic easement. Please contact me if you have any questions regarding the above. Sincerely, e I i Spir� Planner ' t PLANNING BOARD MEMBERS ,.� / '✓� F Richard G. Ward, Chairman a = Town Hall, 53095 Main Road George Ritchie Latham, Jr. s f _., P. O. Box 1179 , Southold, New York 11971 Bennett Orlowski,Jr. Mark S. McDonald °� Fax(516)765-3136 1 Kenneth L. Edwards - -� Telephone(516)765-1938 � �-,;:� PLANNING BOARD OFFICE TOWN OF SOUTHOLD Jam. 10, 1995 Suffolk County Planning Commission H. Lee Dennison Executive Office Building - 12th Floor Veteran's Memorial Highway Hauppauge, NY 11788 Attention: Mr. Frank Dowling, Senior Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map Of?-errwrcl',ne . Frederick jdguser- Hamlet/Locality eeo� c �To✓n of So�it�t� S.C.D.P.W. Topo NO.: Zoning n C A �e- �,f4-eoncervjon S.C. Tax Map No.: 1000 - 96 - 4 - 1.'7 anal J.,J Major Sub. Minor Sub. Site Plan Cluster Lot Line Change MATERIAL SUBMITTED: P'NtlSl ,\ 6.+ea 1zI'TINY Rrel n*nary Plat (3 copies) Road Profiles (1) Drainage Plans (1) Topographical Map (1) Site Plan (1) Grading Plan (1) Other materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet X Page 2 Southold Town Planning Board Referral Referral Criteria: q (�'(GIAJ �C�c SEQRA STATUS: 1. The project is an (y<) Unlisted Action ( ) Type I Action ( ) Type II Action 2. A (X) Negative Declaration ( ) Positive Declaration ( ) Determination of Non-significance has been adopted by the Planning Board. 3. E.I.S. statement enclosed. ( ) Yes ( v) No 4. The proposed division has received approval from the Suffolk County Department of Health. ( )Yes (� )No Wit- An�J,cablC . pments: ie/L mr I/��iNYplb!//G� ",&I caKO G2G6 d �c� fZ mlt/� �✓�/c�-�J��a�•f' .lua�/ J+�,t���'c �n/e_�. C fJouSeil �T/l/7 `tp/ea✓-8C�y1-< >� // Yv/U "Am"AYJ MGI a4L!C.(y z IVAVo ke X92 c,4 L OfJWIGI,eAl /A9 �I710 ,r�Tl/S T /�LY✓N cc.JC2atiL g4arMrn.1 h-I aYWOr�pn �or np yak 4. plu�99iouh) .�� We request acknowledgement of receipt of this referral ( ) Yes ( ) No Referral received 1994 by the Suffolk County Planning Commission and assigned File No. Sincerely,, 1�61u1G �GZ/ayy, Richard G. Ward Chairman cc: Frank Cichanowicz rev 6/94 ri=te ul� PLANNING BOARD MEMBERS j�' ✓� Richard G.Ward, Chairman < i. '' Town Hall, 53095 Main Road = Q� George Ritchie Latham, Jr. ,� � " � P. O. Box 1179, Bennett Orlowski,Jr. `= Southold, New York 11971 Mark S. McDonald -'-rn 'i a��, Fax(516)765-3136 Kenneth L. Edwards = -�"� Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 10, 1995 Frederick and Bernardine Bauser 450 Indian Neck Lane Peconic,NY 11958 Re: Proposed lot line change for Frederick and Bernardine Bauser SCTM# 1000-86-4-1.7 & 1.9 Dear Mr. and Mrs. Bauser: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, January 9, 1995: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency makes a determination of non-significance and grants a Negative Declaration. BE IT RESOLVED that the Southold Town Planning Board set Monday, February, 6, 1995 at 7:40 p.m. for a final public hearing on the maps dated December 19, 1994. The Planning Board has referred the application to the Suffolk County Planning Commission for review. You will be notified when the Planning Board receives the County's report. A Declaration of Covenants and Restrictions must be prepared to include the following restrictions: 1. There shall be no further subdivision of the 75,870 sq. ft. parcel in perpetuity. I`�f Page 2 Proposed lot line change for Frederick & Bernardine Bauser January 10, 1995 2. Structures, including fences, shall be prohibited in the 24,720 sq. ft. Scenic Easement. 3. Clearing and grading in the Scenic Easement shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. A notation must be placed on the final map stating that a Declaration of Covenants and Restrictions has been filed. The notation must include the liber and page number of the recorded document. In addition, the final maps must be prepared at a scale of V equals 100'. The current plan is sufficient as a detailed plan, however, the overall layout must be drawn at the above mentioned scale. Please note that prior to the Planning Board granting any final approval to the lot line change, a new deed for the entire 75,870 sq. ft. parcel must be submitted. The deed must note that a Declaration of Covenants and Restrictions has been filed for the property. In addition, since changes are being made to a filed subdivision map (Peconic Bay Cove) you will be required to abandon the applicable section of the filed map. Please contact the Suffolk County Clerk's Office in regard to the procedure for filing the abandonment with that office. Enclosed please find a copy of the Negative Declaration for your records. Sincerely, / �/ I irt�l�f/ "%� 'V Richard G. Ward y"S Chairman enc. PLANNING BOARD MEMBERS Richard G. Ward, Chairman Town Hall, 53095 Main Road George Ritchie Latham, Jr. P. p, Box 1179 Bennett Orlowski, Jr. n", Southold, New York 11971 ;i Mark S. McDonald ^, �'', Fax(516)765-3136 Kenneth L. Edwards ^-. ; Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant January 9, 1995 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 Frederick and Bernardine Bauser SCTM#: 1000- 86-4-1.7 & 1.9 Location: West side of Indian Neck Lane, Peconic SEQR Status: Type I ( ) Unlisted ( X ) Conditioned Negative Declaration: Yes ( ) No ( X ) Description of Action: This lot line change is to merge a 24,720 square foot parcel designated as Park and Playground for the subdivision of Peconic Bay Cove, with an adjacent 51,150 square foot parcel located in Peconic. The park and playground designation is to be removed and replaced with a Scenic Easement designation. Page 2 SEQR Negative Declaration - Frederick and Bernardine Bauser January 9, 1995 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: Langdon Marsh, DEC Albany Suffolk County Planning Commission Judith Terry, Town Clerk Applicant ENB i �I i, I I U � JAN ; PI' 1 SOUTHOLOTOi;,N PLANNING E06r� A®CZ/kl x,q J(.`'L id0�'2� I 1 c� 'lj�k ' cap At .e" (2 fG/k-n eels VLX ��m l6e)o -,?6- - /060 - 8'6 - �1 C doFd c9 c�� o ol�zp-d 7 ) Q d O�ox-f y soba-�dc f y G> (✓J' C> n n Nec f5 r� 173 ,Y /7c?/ 9 ob AO ; dl-� 417 90ty �Ner�P� icA P . IQteSeG" �el n� rd�G � - 644sef-