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HomeMy WebLinkAbout1000-110.-7-18 BiUS ! -, YV- _ - -1 ' C� i -40 Towns o/r SOUTHoL G N.Y. r J- �f " C , T V , c w � 00 41 V r� -T lAl 70 ' Ok f N� Scale _ v� -(; l ! 7S / �. Wtesf I �/ %% f% i13 , 1 Y U.�r� coy i �S 4-" e P o Tox Nilb f.L-tsi tl*4'otv. -'� s t ! !k P�1 Parr .�, tU r -�- Cxx�, S�ec:-f:J o, E3 .7, . 13 y d{ V P ? t J l to :o+ 4c, be fur+i* r- sLj adr'vided; QE, C,orrf*xlrs frcP.s ' Co. C.F'W. xtilr-ral; Lo Wa-Fer stJ�tr� � serrol,�e dis�nrl :�c�'�Snt,. _ w QNAUTNURIZLD ALFI.Af1UN OR ADDITION h 70 THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. THE LAND ND F THIS SURiEY MAP NOT RING SURVEYORS INKED SEAL OR C;- EMBOSSED SEAL SHALL NOT BE COPMDMO Amended EO BE A VALID iRUECOPY. Mapped F-eb i0, l(!?pz April 25, 1982 GUARANTEES INDICATED HEREON$HALL RUN t�JQt' zS, 'I (ti ONLY TO THE PERSON FOR WHOM THE SWVt 1�lcc �� �r , IS PREFARED, AND ON HIS BEE+ALF TO THE .,,_. .7 1 Y 1 IT COMPANY, GOVERNMENTAL AGENCY A ✓�yy �L 1 TENDING INSTITUTION LISTEC HemaN, ANC TO THE ASSIGNEES OF THE LENDING IPISx: TUT,ION.GUARANTEES ARE NUT MAIW" L I CCI15�7 ''�I'1G7 �0✓.g EO ADDITIONAI tMgPF rot'4� 911R OWNERS /'f:�'E.�r -E- N!�'VY York 1000 Dist. 110 ~O Sec. Blk. Lot DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 3rd day of January , 1983 , by JOHN E. MOTHERSELE, residing at Beckley Road, East Berlin, Connecticut; JANET M. MELOT, residing at 217 West Blackbeard Road, Wilmington, North Carolina; GERTRUDE M. ALI, residing at 15 Chapel Gate Lane, Upper Brookville, New York, and CHARLOTTE A. LYNN, residing at 49 Musconetcong Avenue, Hopatcong, New Jersey, all of the partners in the co-partnership known as MOEBIUS ASSOCIATES, hereinafter called the "Owner"; WHEREAS, the Owner has title to certain lands situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk, and State of New York, said lands hereinafter being more particu- larly described in Schedule A attached hereto; WHEREAS, it is the intention of the Owner that the aforesaid lands be subdivided into a minor subdivision as shown on "Minor Subdivision made for Moebius Associates, Section Two" prepared by Roderick Van Tuyl, P.C. amended September 7, 1982, attached hereto as Schedule B; NOW, THEREFORE, the above-described premises shall be subject to the following covenants and restrictions: 1. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. 2. No residential structure shall be constructed or otherwise SCHEDULE A ALL that certain plot, piece or parcel of Iand, situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York, being more particularly bounded and described as follows: "BEGINNING at a monument located on the southerly side of East Road, 251.64 feet easterly from the corner formed by the intersection of the southerly side of East Road with the easterly side of Fleet's Neck Road; running thence from said point of beginning along the southerly side of East Road the following two courses and distances: (1) North 61° 15' East 209.09 feet; (2) North 68° 07' East 118.15 feet to a monument and land now or formerly of H. Robinson; running thence along said land now or formerly of H. Robinson, South 31° 42' 10" East 381.0 feet to the ordinary high water mark of Great Peconic Bay; thence along the ordinary high water mark of Great Peconic Bay on a tie line course South 73" 08' 10" West 428.41 feet to land now or formerly of H. Wickham; thence along land now or formerly of H. Wickham, North 15" 18' 40" West 315.0 feet to a monument located on the southerly side of East Road and the Point or place of BEGINNING. I!located within 50 feet of the top edge of the bank along the shoreline of Great Peconic Bay. 3. No sanitary disposal facility shall be installed or con- structed within 100 feet of the top of the bank. 4. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be dis- charged down the face of the bank in any manner or into Great iPeconic Bay. 5. Access to the beach shall be by means of a suitable structure designed and constructed in a manner that will result in the least disturbance of the stability of the bank. DECLARANT does hereby further warrant, covenant and represent the foregoing restrictions and agreements shall bind the under- signed, its successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises or any part thereof by transfer or otherwise. IN WITNESS WHEREOF, all of the partners of the above-mentioned co-partnership have caused their hands and seals to be affixed this 3rd day of January Charlotte A. Ly~n , 1983. .// John E. ~hersele J- Janet M. Melot Gertrude M. Ali ~TATE OF CONNECTICUT : COUNTY OF HARTFORD: ss.: On the~day of JR~dA~, 1983, before me personally came JOHN E. MOTHERSELE, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. ~ // ~.- Notary Public STATE OF NORTH CAROLINA : COUNTY OF NEW HANOVER: ss.: On the~3 ~ day of'(./0-~'~-~7 , 1983, before me personally came JANET M. MELOT, to m~known to be the individual described in and who executed the foregoinq instrument, and acknowledged that executed the same. Notary Public My Comrni~ion Exp/rea ~eptem~er 26. 19~, STATE OF NEW YORK : COUNTY OF SUFFOLK: ss.: On the /~' day of . ~ , 1983, before me personally came GERTRUDE M. ALI, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. ~ ~' ' ' - Notary Public RO~ERTA A, AUER NOTARY PUbLiC OF NEW JERSEY Commission ~pims July of 1986 STATE OF NEW JERSEY : ~NTY OF SUSSEX: ss.: On the/~ day ~ ..... ~ , 198~, before me personally came CHARLOTTE A. LYNN, ~o/me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. ~ ~.// Notary Public / • MIN SUBDIVISION 1. 6 copies sketch plan received spot elevations sent to R-Lgnning Board 2 . Meet with Planning Board 3 . Required changes sent in writing 4 . New submission received 5 . Approval of sketch plan 'V 6 . Sent letter with resolution approving '✓ 7 . Application and fee VV If corporation, affidavit of ownership q 6 copies of final map Covenants and restrictions . Description of property -� Note on plat that sanitation ans water facilities meet County Board of Health specifications Developer attend meeting (official submission)' 8 . Public Hearing;(within 45 days) ✓ Advertised J Affidavits of publication received 9. Action by Planning Board (within 45 days) ✓ 10 . Sent to County Planning Commission Received County' s recommendations 11. Filed covenants and restrictions received 12. Authorization and signing of map i j$ebeleleleetrele®a!e!e!e®e®e®e !e®NIi�1�eOl®i!a®e®eleQre!°®�wwielelelele-e_e o . i TOW1V CLER14. TOWN OF SOUTHOLD - Suffolk County, New York 516 . 765-1801 ® 8372 I I o Southold, T, V 19 �,-� 'EC D pF. , 1� X 197 For. Dollars $ .0 Judith T. Terry, Town 61erk 'Cheek re®l�ele�e•®e! ®e® lee®eleG�O®ef�e pp e ewses PNo, Q. D ,� T S0 AQ D Southold, N.Y. 11971 HENRY E.RAYNOR,Jr.,Chairman TELEPHONE JAMES WALL 765-1938 BENNETT ORLOWSKI,Jr. GEORGE RITCHIE LATHAM,Jr. WILLIAM F.MULLEN,Jr. April 19, 1983 Mr. Richard Lark Attorney at Law Main Road Cutchogue, New York 11935 Re: Moebius Associates , Section II Dear Mr. Lark: The following action was taken by the Southold Town Plan- ning Board, Monday, April 18 , 1983 . RESOLVED that the Southold Town Planning Board accept as submitted Inspector John Davis ' report #284 for the improve- ments to the right-of-way within the subdivision of Moebius Associates , Section II , located at Cutchogue. A copy of the above has been enclosed for your review. Very truly yours , HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Enc. a f TO: Henry E. Raynor, Jr. , Chairman REPORT NO. 284 Southold Town Planning Board FROM: John W. Davis DATE: Harch ?', 198 MOEBIUS ASSOCIATES, SECTION II RE: ACCESS ROAD IN 20 FT. R.O.W. COMMENTS: The R.O.W. is not staked out. Ihe9 owners should have this done and also submit a proposed road profile before any work .is started.. Based on the aerial contours shown, which from visual inspection look approximate. in some areas, the road construction could be a side hill cut and fill operation., 9.he profile should meet the concrete road pav(,ment elevation at the southerly end and be planned so that only a, small amount of road runoff goes to East Road. 'There are some large trees in the R.O.W. that will ha vex to be removed. Tamrs is a 12" C.M.P. crossing at the prmsent existing driveway mntranee. `Ilia: same type and sizes of pipet should be placed at the new '.acce ss road entrances. No test holes warm made in the R.O.W. due to the apparesnt amount of grading that will have to be done*. 'Therm does not appear to be any drainage problem with the new access road. RECOMINENDATIONS: 1. Clear then 20 Ft. width. R.O.W. Additional clearing may be required on the excavation side slopes. 2. Grads the road for a 12 ft. width with subgra.de six inches (611) below the profile grade. 3. Remove any topsoil below subgrads and repla:cm with clean fill. 4. Place a compacted course of ba.nkrun material -containing 20% or more of gravel and 10% of loam can the subgra.de. 5. Place a compacted three inch (3") crowned tap course of three quartar inch (3/4") atone bland on the bank run. 6. Grade shoulders to the R.O.W. line or beyond,if necessary. T SOtCJ�� q D Southold, N.Y. 11971 HENRY E.RAYNOR,Jr.,Chairman TELEPHONE JAMES WALL 765-1938 BENNETT ORLOWSKI,Jr. GEORGE RITCHIE LATHAM,Jr. WILLIAM F.MULLEN,Jr. March 28 , 1983 Mr. John W. Davis Sterling Road Cutchogue, New York 11935 Re: Moebius Associates , Section II Dear Mr. Davis : Enclosed please find copy of the above captioned minor subdivision, located at Cutchogue . Would you please inspect the area and report to our Board any comments . and/or recommendations you have regarding improvements that might be necessary to the right-of-way disignated on said map. Thank you for your assistance . Very truly yours , HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Enc. RICHARD, F. LARK ATTORNEY AT LAW MAIN ROAD- P. 0. 13OX 973 CUTCHOGUE. NEW YORK 11935 TELEPHONE516 734-6807 March 8 , 1983 Southold Town Planning Board 53095 Main Road - Town Hall Southold, New York 11971 ATT: Susan Long, Secretary RE: Moebius Associates, Section II Dear Mrs. Long: In connection with the above-captioned matter, I am enclosing photostatic copy of the recorded Declaration of Covenants and Restrictions. Would you please have the Chairman of the Planning Board sign the final maps and forward same to my office at your earliest convenience. Very truly yours, ; �F. If�(d�Zrk RFL:bc ' chard Enclosure lk1tA��7P!��EcJ7�7 - ,I DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION made this 3rd day of January , 1983 by JOHN E. MOTHERSELE, residing at Beckley Road, East Berlin, Connecticut; JANET M. MELOT, residing at 217 West Blackbeard Road, Wilmington, North Carolina; GERTRUDE M. ALI, residing at 15 Chapel Gate Lane, Upper Brookville, New York, and CHARLOTTE A. LYNN, residing at 49 Musconetcong Avenue, Hopatcong, New Jersey, all of the partners in the co-partnership known as MOEBIUS ASSOCIATES, I hereinafter called the "Owner" ; I WHEREAS, the Owner has title to certain lands situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk, �j and State of New York, said lands hereinafter being more particu- larly described in Schedule A attached hereto; WHEREAS, it is the intention of the Owner that the aforesaid y� lands be subdivided into a mino r subdivision as shown on "Minor 1000 Subdivision made for Moebius Associates, Section Two" prepared by Dist. Roderick Van Tuyl, P.C. amended September 7, 1982, attached hereto 11060 Sec. as Schedule B; 070 ftr ]` NOW, THEREFORE, the above-described premises shall be subject Blk. 0 / QD Q to the following covenants and restrictions: Lot 1. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. 2. No residential structure shall be constructed or otherwise I :1DEA �PAGE 3��• � .uTi 4 TOWN Oi= ��r1-rE�t..tl, N.Y. ' '. Ate•- 3,:,� � Ac. � ' [] a tC►Ot'iUltfG'J'd'f' � X `i 1 6u folk courc-h f Zbx Map �r5ic�rrcat�-��rr: cCX7C.+, 5QGf.rio, EW-c.-7, Fbi. 18; No `o+ 4-o Eye.furfl�er suba(i vided C4trfvur rva: 5u�F':Co. C).P.W. c tef-icrl; warmer- supply 4 sewage dis(xzarl 5t rFzs z �o meek C.P. k4ec, '.' spec's.. tKADUN UM ADOIIIO. A VIOLATION OF IFIE NEW YORK STATI RVEY MAP NOT KARIW R'S INKED SEAL OR LLL NOT RE CONSIDMU F�rtze..tl=.�r_�, : E COPY.LTfD NEtf01)SMALL 4U►, Mapped: Feb. ;O; 1 98a Apr r 1 IN inR WHOM THE SNP rt�, !d/['I. :.r•. •• )r.HIS REHAU 10 TM: Gf.. ^c_.. lc:-�� )VERNMENTAL AGfK' ^- / ,.,.r 'N LISTED HFAION,A Ir... ,Y '�„?+.+'�•. - .. t a•.e v=ir. .36mtG -. . a` OF.FNE LENDING INS ..- ES ARE NOT TIAtWW :a�.��,.,•„ a� suasto LlC�tT;eat r.�tl� .�. UI�V� or,: I 8�G 7-71 r � El J ; !''r�r•yF� � a� — o I LJ ~�L---�--��"' -� r JJNAVTNORIiED ALI _r— 10 THIS SURVEY IS SECTION 7209 OF I fir w EDUCATION LAW. E:OPIES OF THIS SU THE°LAND SURVEYO EMYOSSED SEAL SHE 10 EE A VALID TRU GUARANTEES INDIG ONLY TO THE PERSC IS PREPARED, AND C TITLE COMPANY,TUII C.. IENDMG I NSTI L 10`THF'ASSIGNFES- L FUTJON.GUARANTE• ..*O ADDITIONAI OWNH� � � O i rf c).b f i l� fi l J �:, Tom',,� , .,�, .• h;��•!- r SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York, being more particularly bounded and described as follows: BEGINNING at a monument located on the southerly side of East Road, '251. 64 feet easterly from the corner formed by the intersection of the southerly side of East Road with the easterly side of, Fleet' s Neck Road; running thence from said point of beginning along the southerly side of East Road the following two courses and distances: (1) North 610 15 ' East 209. 09 feet; (2) North 68° 07 ' East 118 . 15 feet to a monument and land now or formerly of H. Robinson; running thence along said land now or formerly of H. Robinson, South 310 42 ' 10" East 381 . 0 feet to the ordinary high water mark of Great Peconic Bay; thence along the ordinary high water mark of Great Peconic Bay on a tie line course South 731 08' 10" West' 428. 41 feet to land now or formerly of H. Wickham; thence along land now or formerly of H. Wickham, North 151 18 ' 40" West 315 . 0 feet to a monument located on the southerly side of East Road and the point or place of BEGINNING. i a���31 401 located within 50 feet of the top edge of the bank along the shoreline of Great Peconic Bay. 3. No sanitary disposal facility shall be installed or con- structed within 100 feet of the top of the bank. 4. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be dis- charged down the face of the bank in any manner or into Great Peconic Bay. 5. Access to the beach shall be by means of a suitable structure designed and constructed in a manner that will result in the least disturbance of the stability of the bank. DECLARANT does hereby further warrant, covenant and represent the foregoing restrictions and agreements shall bind the under- signed, its successors and assigns, and any and all person or persons who shall succeed to the ownership of said premises or any part thereof by transfer or otherwise. IN WITNESS WHEREOF, all of the partners of the above-mentioned co-partnership have caused their hands and seals to be affixed this 3rd day of January , 1983. v17 John E.- hersele Janet M. Melot L "Charlotte A. Lyhn Gertrude M. Ali STATE OF CONNECTICUT COUNTY OF HARTFORD: ss .. : /3Ey4., On the . day of . A iUv.4/Z L1 , 1983, before me personally came nef (M � FQihh7l�i�dGE�V� JOHN E. MOTHERSELE, .to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER: ss. : On they y - day of,, �-� 1983, before me personally came 'JANET M. MELOT, tom known to be the individual described in and who executed the foregoing instrument, and acknowledged that sloe executed the same. 2D Notary Public ` My Commission Expires September 28, 1984, STATE OF NEW YORK COUNTY OF SUFFOLK: ss. : iN On the /�) day of �-G2z' , 1983 , before me personally came GERTRUDE M. ALI, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. NOTARY i:•, �, ... . ,, Notary Public STATE OF NEW JERSEY COUNTY OF SUSSEX: ss. : On the ` day 1981, before me personally came ` CHARLOTTE A. LYNN, to me kn n to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. ROBERTA A. AUER NOTARY PUBLIC OF NEW JERSEY Notary Public Commission Crpires July of 1986 �._. 2052 DECLARATION OF COVENANTS AND RESTRICTIONS m C) OF N J MOEBIUS ASSOCIATES o :W r:t RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P.O. BOX 973 CUTCHOGUE, NEW YORK 11933 (316) 734-6807 T ; 11N O S®U I3O' +D SiJF O N Y Southold, N.Y. 1.1971 HENRY E.RAYNOR,Jr.,Chairman TELEPHONE JAMES WALL 765-1938 BENNETT ORLOWSKI,Jr. GEORGE RITCHIE LATHAM,Jr.- WILLIAM F.MULLEN,Jr. December 7 , 1982 Mr. Richard Lark Attorney at Law Main Road Cutchogue, New York 11935 Re: Moebius Associates, Section II Dear Mr. Lark: The following action was taken by the Southold Town Planning Board, Monday, November 29, 1982 . RESOLVED that whereas, a formal application for -the approval of a . subdivision plat entitled Moebius Associates , Section II located at Cutchogue was submitted to the Planning Board on February 19, 1982 and, an filing fee in the amount of $75 was paid August 31, 1982 , and WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York on October 18, 1982 at 8 : 00 p.m. and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have 'been met by said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of Moebius Associates , Section II for approval of said subdivision plat prepared by Roderick Van Tuyl, P.C. -dated February 10, 1982 and amended September 7 , 1982 be approved and the Chairman be authorized to endorse approval on said subdivision plat subject to the following conditions within six months from date of resolution: 1 . No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. 2 . No residential structure shall be constructed or other- wise located within 50 feet of the top edge of the band along the shoreline of Great Peconic Bay. Mr. Richard -rk ppg. (2) 12/7/82 3 . No sanitary disposal facility shall be installed or constructed within 100 feet of the top of the bank. 4 . No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the. bank in any manner or into Great Peconic Bay. 5 . Access to' the beach shall be by means of a suitable structure designed and constructed in a manner that will result in the least disturbance of the stability of the bank. 6 . The above conditions shall be filed as covenants and restrictions in the office .of the County Clerk on or prior to the granting of approval to this subdivision. 7 . The approval of this subdivision will be subject to the subdivision' s meeting the requirements and standards of the Suffolk County Department of Health Services . Please forward four (.4) copies of the final map to our office. When the above conditions have been met, the Chairman will endorse. approval ; two copies will be returned to your office . Very truly yours, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary T � D Southold, N.Y. 11971 HENRY E.RAYNOR,Jr.,Chairman TELEPHONE JAMES WALL NEGATIVE DECLARATION 765-1938 BENNETT ORLOWSKI,Jr. GEORGE RITCHIE LATHAM,Jr. WILLIAM F.MULLEN,Jr. November 8, 1982 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review Act and 6NYCRR Part , 617 , Section 617 . 10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that Southold Town Planning Board as lead agency for the action described below has determined that the project will not have a significant effect on the environment. DESCRIPTION OF ACTION The minor subdivision of Moebius Associates, Section II is a three lot subdivision located at Cutchogue. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no response in the allotted time from the New .York State Department of Environmental Conservation it is assumed that there is no objection nor comments by that agency. The Suffolk County Department of Health Services has indicated its agreement with the lead agency designation. A precursory review indicates conditions are suitable for individual sewage disposal systems . However, a test well; is recommended prior to construction to verify the adequacy of. the water supply. The project will meet all the requirements of the Code of the Town of Southold Subdivision of Land Regulations. Further information can be obtained by contacting Mrs . Susan E. Long, Secretary, Southold Town Planning Board, Main Road, Southold, New York 11971 r ✓r Copies mailed to the following: Robert Flack, DEC Commissioner NYS, DEC at Stony Brook Suffolk County Dept. Health Services Suffolk County Planning Commission William R. Pell, III Richard Lark, Esq. a ` a COUNTY OF SUFFOLK ;I ocT -18 RED. D PETER F.COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING LEE E.KOPPELMAN DIRECTOR OF PLANNING October 15, 1982 Mr. Henry E. Raynor, Jr. , Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 Re: Minor Subdivision - Moebius Associates, Section Two Southeasterly side of East Road 251.64 feet northeasterly from Fleet Neck Road, Cutchogue, New York. Dear Mr. Raynor: The Suffolk County Planning Commission at its regular meeting on October 13,, 1982, reviewed the proposed subdivision plat entitled, "Minor Subdivision - Moebius Associates, Section Two", referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to approve said map subject to the following six conditions deemed necessary to help pre- serve the natural and aesthetic attributes of the shoreline of Great Peconic Bay: 1. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. 2. No residential structure shall be constructed or otherwise located .50 within JX feet of the top edge of the bank along the shoreline of Great Peconic Bay. /vo'. 3. No sanitary disposal facility shall be installed or constructed with- in 100 feet of the top of the bank. 4. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged down the face of the bank in any manner or into Great Peconic Bay. 5. Access to the beach shall be by means of a suitable structure de- signed and constructed in a manner that will result in the least dis- turbance of the stability of the bank. VETERANS MEMORIAL HIGHWAY HAUPPAUGE,L.1.,NEW YORK 1 1 788 (51 6)360-51 92 Mr. Henry E. Raynor, Jr. - 2 - October 15, 1982 ------------------------------------------------------------------------------ 6. The above conditions shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of ap- proval to this subdivision. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board of the Town of Southold after a public hearing: Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. The Commission also offers the following comment on the map for your use and consideration: "It is suggested" that the approval of this subdivision be made subject to the subdivision's meeting the requirements and standards of the Suffolk County Department of Health Services. Very truly yours, Lee E. Koppelman Director of Planning by C&r&1 .Cl nCi Charles G. ind, Chief Planner Subdivision Review Section File: S-SD-82-19 CGL:jk Encl. : Map RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD-P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 January: 2 0.;' .19.8 3 . JAN 2A R , Southold Town Planning Board CC 53095 Main Road - Town Hall Southold, New York 11971 ATT: Susan Long, Secretary RE: Minor Subdivision for Moebius Associates, Section Two, Cutchogue, New York Dear Mrs. Long: In connection with the above-captioned matter, I am enclosing four (4) copies of the final map together with the proposed Covenants .arid' Restrictions to be filed in the Suffolk County Clerk' s Office. I will forward you a recorded copy when I re- ceive same. Very ly you , ichard Lark RFL:BC Enclosures I i I i I i DECLARATION OF COVENANTS AND RESTRICTIONS II I 'I I DECLARATION made this day of , 198 , by i i IIJOHN E. MOTHERSELE, residing at Beckley Road, East Berlin, lConnecticut; JANET M. MELOT, residing at 217 West Blackbeard Road, lWilmington, North Carolina; GERTRUDE M. ALI, residinq at 15 Chapel ; ,i :: Gate Lane, Upper Brookville, New York, and CHARLOTTE A. LYNN, ;Iresiding at 49 Musconetcong Avenue, Hopatcong, New Jersey, all of lithe partners in the co-partnership known as MOEBIUS ASSOCIATES, I thereinafter called the "Owner" ; I �i WHEREAS, the Owner has title to certain lands situate, lying I. land being at Cutchogue, in the Town of Southold, County of Suffolk,: and State of New York, said lands hereinafter being more particu- ll larly described in Schedule A attached hereto; ! WHEREAS, it is the intention of the Owner that the aforesaid I !!lands be subdivided into a minor subdivision as shown on "Minor 'Subdivision made for Moebius Associates, Section Two" prepared by i IiRoderick Van Tuyl, P.C. amended September 7 , 1982, attached hereto ; l !as Schedule B; !! NOW, . THEREFORE, the above-described premises shall be subject ! I Ito the following covenants and restrictions : l !l 1. No lot shall be subdivided or its lot lines changed in any it I, '`manner at any future date unless authorized by the Southold Town ;!Planning Board. !I 0 2. No residential structure shall be constructed or otherwise i II i I! I� it �Ilocated within 50 feet of the top edge of the bank along the i; I jshoreline of Great Peconic Bay. I 3. No sanitary disposal facility shall be installed or con- structed within 100 feet of the top of the bank. 4 . No stormwater runoff resulting from the development and !, improvement of the subdivision or any of its lots shall be dis- jicharged down the face of the bank in any manner or into Great i' IPeconic Bay. �I I; 5. Access to the beach shall be by means of a suitable i j�structure designed and constructed in a manner that will result !in the least disturbance of the stability of the bank. I� DECLARANT does hereby further warrant, covenant and represent �I ,!the foregoing restrictions and agreements shall bind the under- I �Isigned, its successors and assigns, and any and all person or II lipersons who shall succeed to the ownership of said premises or lany part thereof by transfer or otherwise. i I �I IN WITNESS WHEREOF, all of the partners of the above-mentioned 'co-partnership have caused their hands and seals to be affixed 'i !this day of 198 John E. Mothersele j Janet M. Melot �I I I Charlotte A. Lynn Gertrude M. Ali l I (STATE OF COUNTY OF Il On the day of 198 before me personally came i1 I� I JOHN E. MOTHERSELE, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged I that he executed the same. it it Notary Public �i i I� STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER: ss. : ji On the day of , 198 , before me personally came JANET M. MELOT, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that il she executed the same. C i� Notary Public i' STATE OF COUNTY OF IOn the day of 198 before me personally came .I GERTRUDE M. ALI, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. I' Notary Public STATE OF COUNTY OF On the day of 198 before me personally came CHARLOTTE A. LYNN, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that :i she executed the same. Notary Public I. I� I; �i I I �i I I / N.- SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue , Town of Southold, Suffolk County, New York, being more particularly bounded and described as follows: BEGINNING at a monument located on the southerly side of East Road, 251. 64 feet easterly from the corner formed by the intersection of the southerly side of East Road with the easterly side of Fleet ' s Neck Road; running thence from said point of beginning along the southerly side of East Road the following two courses and distances: (1) North 61' 15 ' East 209 . 09 feet; (2) North 680 07 ' East 118 . 15 feet to a monument and land now or formerly of H. Robinson; running thence along said land now or formerly of 11. Robinson, South 31' 42 ' 10" East 381 . 0 feet to the ordinary high water mark of Great Peconic Bay; thence along the ordinary high water mark of Great Peconic Bay on a tie line course South 73' 08' 10" West 428 . 41 feet to land now or formerly of H. Wickham; thence along land now or formerly of H. Wickham, North lei° 18 ' 40 " West 315 . 0 feet to a monument located on the southerly side of East ;Road and thu point or place of BEGINNING. LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall , Main Road, Southold, New York, in said town on .the 18th day of October, 1982 , on the question of. the following: 7 :30 p.m. Approval of the minor subdivision of Edward N. & Marie M. Cartnick, located at Nassau -Point in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at the point of intersection of the easterly .line of Wunneweta Road with the northerly line of Bayberry Road, said point being the northwesterly corner of lot 139 shown on "amended Map A of Nassau Point" filed in Suffolk County' s Clerk' s Office as map #156 ; running thence along said northerly line of Bayberry Road and along the easterly line of said Bayberry Road easterly and southerly 860 feet more of less to the northerly line of said Wunneweta Road; thence westerly and northerly along the northerly and easterly line of Wunneweta Road 900 feet more- or less to the point of BEGINNING. Containing 3 . 95 acres . 7 : 45 p.m. Approval of the preliminary map fothe subdivision to be known as Homestead Acres lying and "being near Greenport, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument on the northwesterly line of Middle Road (County Road 27) , said monument being the intersection of the northwesterly line of Middle Road (County Road 27) with the east- erly line of land now or formerly of Morrison; RUNNING THENCE from said point of beginning and along land now or formerly of Morrison, the following three (3) courses and distances: 1) N. 20 02 ' 00" E._ 382.33 feet to a monument;' thence, 2) N. 20 17 ' 10" E. 1214 .58 feet to a monument; thence , 3) N. 10 42 ' 50" E. 513 .28 feet to a monument and the southerly line of Sound Drive; THENCE along tre southerly and southeasterly line of Sound Drive the following two (2) Courses and distances : 1) N. 890 44 ' E. 50.03 feet to an iron pipe or post; 2) N. 530 58 ' 20" E. 338.48 feet to an iron pipe or post and land known and designated as Lot No. 76 on a certain map entitled "Map of Section 2,. Eastern Shores" , which map is filed in the Suffolk County Clerk' s Office as -Map No. 4426; THENCE along Lot No. 76 and Lots numbered 75, 74, 73, Inlet Pond Road, Lots numbered 72, 71, 70, 69, 68 and 67, all as shown 'on the aforementioned "Map of Section 2, Eastern Shores" , the follow- ing two (2) courses and distances : 1) S. 160 50 ' 30" E. 206.41 feet to a point; thence, 2) S. 30 53 ' 00" E. 1103. 52 feet to a monument and land now or i formerly of J.M.S. Land Development Corp. ; I THENCE along land now or formerly of J.M.S. Land Development Corp. ; and Homestead Way the following two (2) courses and distances : 1) S. 40 17 ' 20" W. 305.85 feet to a point; thence, 2) S. 10° 38 ' 20" E. 113.0 feet to a monument and land now or formerly of Thygesen; r ' THENCE along land now or formerly of Thygesen the following two (2) courses and distances : 1) S. 600 01 ' 40" W. 190 . 10 feet to a monument; thence, 2) S. 190 41 ' 30" E. 73.08 feet to an iron pipe or post and land now or formerly of Macomber; THENCE along land now or formerly of Macomber and land now or formerly of Spicer the following three (3) courses and distances : . 1) S. 780 46' W. 126. 77 feet to an iron pipe or post; thence, I 2) S. 40 06' W. 129. 9-1 feet , th-- ce 3) S. 110 00 ' E. 83. 92 feet to the northwesterly line of Middle Road (County Road 27) THENCE along the northwesterly line of Middle Road (County Road 27): the following two (2) courses and distances : 1) S. 550 01 ' 10" W. 257.37 feet to a point; thence, 2) S. 550 01 ' 50" W. 79..44 feet to a monument and the point or place of BEGINNING. Containing 19 .3 acres 8 : 00 p.m. Approval of the minor subdivision of Moebius Associates, Section Two, located at .Cutchogue in the Town of Southold,. County of Suffolk and State of New York bounded and described as follows : BEGINNING at a monument located on the southerly side of East Road, 251.64 feet easterly from the corner formed by the intersection of the southerly side of East Road with the easterly side of Fleet' s Neck Road; running thence from said point of beginning along the southerly side of East Road the following two courses and distances : 1) N. 610 15 ' East 209 .09 feet; 2: N. 680 07 ' East 118. 15 feet to a monument and land now or formerly of H. Robinson; running thence along said land now or formerly of H. Robinson, South 310 42 ' 10" East 381 .0 feet to the .ordinary high water mark of Great Peconic Bay; thence along the ordinary high water mark of Great Peconic Bay on a tie line course South 730 08 ' 10" West 428 .41 feet to land now or formerly of H. Wickham; thence along land now or formerly of H. Wickham, North 150 18 ' 40" West 315 .0 feet to a monument located on the southerly side of East Road and the point or place of BEGINNING. Containing 3 .0 acres more or less . Any person desiring to be heard on the above matter--.should appear at the time and place. above specified. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD HENRY E. RAYNOR, JR. , CHAIRMAN PLEASE PUBLISH ONCE, OCTOBER 7 , 1982 AND FORWARD THREE. AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD, SOUTHOLD, NEW YORK 11971 . Copies mailed to the following October 4 , 1982: The Suffolk Times The Long Island Traveler-Watchman Edward N. Cartnick, applicant Rudolph Bruer, Esq. Richard Lark, Esq. William R. Pell, III Supervisor PirzA' a: NI -BO, D T.- OFSOUTHP D ✓�.�ra�e P SUFFO. �='CO STY Southold, N.Y. 11971 HENRY E.RAYNOR,Jr.,Chairman TELEPHONE JAMES WALL 765-1938 BENNETT ORLOWSKI,Jr. GEORGE RITCHIE LATHAM,Jr. WILLIAM F.MULLEN,Jr. September 27 , 1982 Mr. Richard Lark Attorney at Law Main Road Cutchogue, New York 11935 Re: Moebius Associates Dear Mr. Lark: The following action was taken by the Southold Town Planning Board, Monday, September 20, 1982 . RESOLVED to set October 18 , 1982 , 8 : 00 p.m. at the Town Hall, Main Road, Southold, New York as the time and place,for..a Public Hearing on the question of the approval of the minor subdivision of Moebius Associates, Section II, located at Cutchogue. Very truly yours, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary COUNTY OF SUFFOLK I PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS,M.D.,M.P.H. COMMISSIONER September 27, 1982 Mr. Henry E. Raynor, Jr. Chairman Southold Town Planning Board Southold, N.Y. 11971 RE: Minor Subdivision of Moebius Associates, Sec.II Cutchogue (T) Southold Dear Mr. Raynor: We are in receipt of your letter dated September 10, 1982 concerning the above. This Department has no objection to your designation as lead agency. A precursory review of the above referenced subdivision indicates conditions are suitable for individual sewage disposal systems. However, a test well is recommenced prior to construction to verify the adequacy of the water supply, Very truly yours, Royal R. Reynolds, P,E. Public Health Engineer General Engineering Services RRR;1 j r VA 1aI 548-3318 COUNTY CENTER RIVERHEAD,N.Y.11901 i RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD- P. 0. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734.6807 October 29, 1982 NOV 1 REC'Q Southold Town Planning Board 53095 Main Road - Town Hall Southold, New York 11971 ATT: Henry-E. Raynor, Jr. , Chairman RE: Minor Subdivision Map Moebius Associates Section Two - Cutchogue, New York Dear Mr. Raynor: At the public hearing in the above-captioned subdivision, I was presented with a list of proposed conditions from the. Suffolk County Planning Commission dated October 15, 1982. If you will recall, I raised a question about condition #2 at the hearing. Upon reviewing this condition as well as again visiting the property, I only can come to the conclu- sion this is another case where the Suffolk County Planning Commission did not visit the property and is totally unaware of the existing conditions. For example, is the Planning Commission aware of: (1) Lots No. ' l and 3 are completely bulkheaded along Pecoaic Bay? ; (2) The embankment north of the bulkhead has stabilized vegetation growing theron?; (3) This is a long established neighborhood consisting of older homes wherein all of the lots fronting on Peconic Bay have houses erected thereon with the exception of Lot #1, and the average setback for each of these houses is approximately 30 feet from the top of the bank?, Taking into consideration the above factors and the topo- graphical features of Lot #1, I would respectfully suggest the Planning Board consider changing condition #2 as pertains to Lot #1 so as to restrict any future residential structure from being constructed within 30 feet of the top edge. of the bank. This would be approximately 90 feet from the average high water mark of Great Peconic Bay. This is in accordance with the Regulations of the New York State Department of Environ- mental Conservation and other applicable laws relating to resi- dential construction since as you know the DEC jurisdiction stops at the seaward edge of the bulkhead and the mean sea .level. elevation of the proposed residence is between 25 and 30 feet. To locate a house on Lot #1 100 feet north of the top edge of the bank would place any proposed residence almost totally behind All Southold Town Planning Board -2- October 29, 1982 ATT: Henry E. Raynor, Jr. , Chairman the house on Lot #3 and the house on the adjacent property owned by Henry Wickham, thereby restricting the water view. of the proposed house. I am attaching a diagram where I have outlined in red the proposed building line to be within 30 feet of the top edge of the bank and have also depicted in blue the 100 foot setback recommended by the Suffolk County Planning Commission. Therefore, I am requesting the Southold Town Planning Board consider the following resolution in connection with the above- captioned subdivision keeping in mind if the Board agrees with said resolution, it will take a majority plus one to override the Suffolk County Planning Commission' s restrictions. "RESOLVED, to rescind the approval of condition #2 of the Suffolk County Planning Commission dated October 15, 1982, as pertains to "Minor Subdivision - Moebius Associates, Section Two" which reads as follows: 2. No residential structure shall be constructed or otherwise located within 100 feet of the top edge of the Bank along the shoreline of Great Peconic Bay. IT IS FURTHER RESOLVED, the following condition be placed instead on the subdivision entitled "Minor Sub- division - Moebius Associates, Section Two" 2. No residential structure shall be constructed or otherwise located on Lot #1 within 30 feet of the top edge of the bank along the shoreline of Great Peconic Bay. " The reasons for the modification to the Suffolk County Planning Commission' s condition No. 2 is that: Lot #1 is bulkheaded along its entire width fronting on Great. Peconic Bay; the bank northward of the bulkheading has stabilized vegetation growing. thereon; and Lot #1 is in an established neighborhood where the average setbacks of the homes along Great Peconic' Bay are not in excess of 25 feet from the top of the bank. . Very. t 1y yours, chard k RFL:bc Enclosure c!Nk FF it PLANNINC-►�BOZD TVyi OF SOU'�H9 t D CJ.EFOLK C0- Nfi� ��1� �'� P Southold, N.Y. 11971 HENRY E.RAYNOR,Jr.,Chairman TELEPHONE JAMES WALL 765-1938 BENNETT ORLOWSKI,Jr. GEORGE RITCHIE LATHAM,Jr. September 10 1982 WILLIAM F.MULLEN,Jr. p , Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, New York 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the minor subdivision of. Moebius Associates , Section II, located at Cutchogue. This project is unlisted and an initial determination of non-significance has been made. We wish to coordinate this action to confirm our initial determination in our role as . lead agency. May we have your views on this matter. Written comments on this project will be received at this office until September 27 , 1982 . We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act. Yours truly, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Enc. cc: Department of Health -Services y.�7fq .t D TO 1 O SOU. HU D s u9 -moo - 'Y Southold, N.Y. 11971 HENRY E. RAYNOR. Jr.. Chairman TELEPHONE FREDERICK E. GORDON 765-1938 JAMES WALL September 10, 1982 BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM. Jr. Suffolk County Planning Commission Veterans Memorial Highway Hauppauge, New York 11787 Gentlemen : Pursuant to Section 1333, Article XIII .I. of the Suffolk County Charter, the Southold . Town Planning Board hereby refers the followinc nrODOsed final plat . to. the Suffolk County Planning Commission : (Map of) (Minor Subdivision) Moebius Associates , Section II Hamlet Cutchogue Tax Parcel Identifier No . 1000 .110 -7 18 Material Submitted : Minor Subdivision - Class A(3 copies ) X Class B (2 copies) Major Subdivision (3 copies ) Preliminary Map (1 copy) ; Topographic Map (1 copy) X ; Drainage Plan (1 copy) Street Profiles (1 copy)_ ; Grad_ng Flan (1 copy) Planning Board Res . (1 copy) ; Other material (specify and give number of copies ) Waiver of Subdivision Requirements - See attached sheet X Comments : Very truly yours, Henry E . Raynor, Jr . , Chairman WAIVER OF 'SUBDIVISION REQUIREMENTS (Map of) (Minor Subdivision-) Moebius Associates , Section II Hamlet or Village Ct,tehc)gue Town Southold The following items normally required as part of the subdivision applica- tion have been waived. Check, as required. Preliminary Map Topographic Map Drainage Plan X Street Profiles X Grading Plan X Landscape Plan X Other (describe) Reason: 1) Minor Subdivision a) Not required by subdivision regulations X b) Subdivision of lot on an existing improved filed map c) Other (describe) 2) Major Subdivision a) No new drainage structures and no changes in existing drainage proposed X b) No new roads and no changes in existing roads proposed X c) No major site clearing and grading proposed X d) Other (describe) 1. .. RICHARD F. LARK ATTORNEY AT LAW S E P i l �EC'D MAIN ROAD- P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 September 9, 1982 Southold Town. Planning Board Main Road - Town Hall Southold, New York 11971 ATT: Susan Long, Secretary , RE: Moebius Associates,' Sectioh 'Two Dear Mrs. Long: in accordance with your letter of August 31, 1982 , 1 am enclosing six :(6) 'copies of the final map in connection with the above-captioned matter. If all is in order, kindly advise when the date has been set by the Board for a public hearing. Very truly your c ichard . Lark RFL:bc Enclosures PLA G.80 ; D TNL�V OrS®UIL D Southold, N.Y. 11971 HENRY E.RAYNOR,Jr.,.Ciairman TELEPHONE JAMES WALL 7651938 BENNETT ORLOWSKI,Jr. GEORGE RITCHIE LATHAM,Jr. WILLIAM F.MULLEN,Jr. August 31, 1982 Mr. Richard Lark Attorney at Law Main Road Cutchogue, New York 11935 Re: Moebius Associates, Section II Dear Mr. Lark: The following actions were taken by the Southold Town Planning Board, Monday, August 30, 1982 : RESOLVED that the Southold Town Planning Board declare itself lead agency with regard to the State Environmental Quality Review Act in the matter of the minor subdivision of Moebius Associates, Section II , located at Cutchogue. An initial determination of nonsignificance has been made. RESOLVED that the Southold Town Planning Board approve the sketch map of the minor subdivision of Moebius Associates , Section II , located at Cutchogue, dated February 10, 1982 and amended August 3 , 1982 . In order that we might expedite state and county referrals, please for- ward six (6) copies of the final map to this office. Please see en- closed list of requirements for a subdivision referral map. We will notify your office when a public hearing has been scheduled. Very truly yours, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Enc. t RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD- P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 August 5, 19821 Southold Town Planning Board Main Road Southold,..New York 11971 ATT: Susan Long, Secretary RE: Moebius Associates - Section Two Dear Mrs . Long: Pursuant to the discussion I had with the Planning Board on July 19, 1982, I am enclosing six (6) copies of amended minor subdivision map prepared by Van Tuyl dated August 3, 1982, which I believe conforms to the understanding with the Planning Board. If all is in order, kindly submit same to the Planning Board at their next regular meeting for sketch plan approval. If you require any additional information, do not hesitate to contact me . Very truly you , Richard F. Lark RFL:bc Enclosures RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD-P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 June 1, 1982 Southold Town Planning Board 53095 Main Road - Town Hall Southold, New York 11971 ATT: Susan Long, Secretary RE: Moebius Associates - Minor Subdivision Bay Property, East Road, Cutchogue, NY Dear Mrs. Long: In accordance with the discussions I had with the Planning Board on April 12, 1982, I am enclosing amended minor subdivision map which I believe conforms to the recommendations of the Board. If all is in order, kindly submit same to the Planning Board at their next regular meeting for sketch plan approval. If you require any additional information or my presence is required before the Planning Board, please contact me. Very truly yours„, 27 ��� fchard F. Oark RFL:bc Enclosure RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD-P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 February 22, 1982 Southold Town Planning Board 53095 Main Road - Town Hall Southold, New York 11971 ATT: Susan E. Long, Secretary RE: Minor Subdivision for Moebius Associates East Road, Cutchogue, New York Dear Mrs. Long: In connection with the above-captioned matter, I am enclosing the following: 1. Application of Moebius Associates for minor subdivision in duplicate. 2 . Short Environmental Assessment Form. 3. Six (6) prints of proposed minor subdivision prepared by Roderick Van Tuyl, P.C. dated February 10, 1982. 4. Letter addressed to the Planning Board dated February 19, 1982. regardinq drainage, grading and road construction. 5 . Affidavit of Ownership dated February 19, 1982. 6. Check of Moebius Assbciates :payble to. the Town of, Southold in the amount of $75. 00 representing the required filing fee. If all is in order, kindly place this matter on the agenda of the next available meeting of the Planning Board and advise me of the date and time. Very 'trvly yours, R�echard F. ark RFL:bc Enclosures cc: Moebius Associates APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for 2( z) (final) approval of a, subdivision plat in accordance with Article 16 of the Town Law and the Rules and.Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be 11Minor. Subdivision..Ntade,.�cQx.ZAopp�.u�. Associates" . ....................... .................. .. .. ..... ... ................ .......... .. .............. 3. The'entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Parcel II Liber ...... ...... .. .. . Page ... ..474 .. .. .. .. . .. .On .�>•l�Y.: �a. .�9.�$.... Liber ..... ........ .......... . Page .... . .. .. .. .. .. .. .. . . . On ... ... .. ........... . Liber . .... ........ ...... .. ... Page . . , . .. .. .... . n ..... ...... .. ........... ; Liber . ................ .. .. ... Page .. .. .. .. .. .. . On . .... .... .. . ......... . as devised under the L ill and Testament of ... .. .... .. .. .... .. .. .. .. .. .............. oras d' utee ....... ...... .. ........ ... .. .. .... .......... . ..... ........... ..... 5. The area of the land is .. .•.0. .. .... . . . acres. 6. All taxes which are liens on the land at the date hereof have been paid*i€e F. .. .. .... . .. .. . . .... ...... ...... .. .. ..................... ... .. .. .... ...... ........ .......'.... ........... .. . 7. The land is encumbered by . .. ..... .. ... .. .. .. .. .... ...... .. .......... . . ..... ... mortgage�( WT494'c X of $. .. . . .. .. .. .. ... unpaid amount $. .. .. .... .. .. .. . held by . . ..... ...... . ........ . ... .. .... ........ address . .. .. ... .. ... . .. ... . .. . ......... ....... .. . (b) Mortgage recorded in Liber .. . Page ... .... .. ... . .. .. .. . in original amount of $. .. . . .. . . ... paid amount $. .. ... . .. .... .... held by . ... . .. ....... .. ...... .. .. . . . . . . . . . . . ... . . . .. .. . . .. . of $. ..... . .. .. .... .. . unpaid amount . .. . . . . . field by . ... _ .. . . .. . . . . . . .. .. . . 8. There are no other encumbrances or liens against the landt . .. .. . . .. . . .. .. .. .. .. . 9. The land lies in the following zoning use districts �". ,Residential and "Agricultural District i . . . . . .. . . .... .. .. .. .. .. ... .. .. . . .. .. .... ... .. . . . . .. . . ... . . .. .. .. .. .. .. . . . .. . . . . . . . . . . .. . . . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise,Xx- . .. ... . .. .. .. .. .. ... ... . . .. .. .. .. .. .. .. . . .. .. ... ... . 11. The applicant shall at his expense install all required public improvements. does not 12. The land (A&Vn,4C*WJVAOW lire in a Water District or Water Supply District. Name of Dis- trict, if within a District, is . . . . .:. . . .. .. ... . . . . . . .. . . .. . . . . . . .. .. .. .. .. . .. .. ... . . . . . . . .. . 2Jater mains will be laid o 13./W ' XXiL :XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXxxxxxX b iQo ` xxx;:,ixxxxxXXXXXXXXXXXXx�CXXXXX)LX 14./Electric lines and standards will be.installed .. .. .. .. . . .... .. .. .. .. . . .. .... ... . . . . . .. .. .. . . .. .. .. . . . . .. .. .. . fN��}'��{r��i'}Y'�iXa' �i��lf��m�1�Xff�fs��17t'i�` f�l� • No 15./Gas mains will be installed U.y%. .. . .. ........ . .. . .. . . . . .. . . .. . . .. . . . . . . .. .... ... .. ... . . ..... .. . a�X.�`�X�n�}►Xc�a��g�`r :�� Xz��d`���Xii�a�t �i�g1����`f�a��� 16. If.streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same.(None) 17. If strrpee�t{s shown on the platy are �tclaimed by the applicant to be existing public streets in the Ea5L ROaCithlS 31gOLlthOlCi 'TOWri I ghway`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 $. ..N/.A.. as itemized in Schedule "E" hereto annexed and requests, that the maturity of the Performance Bond be fixed at . . ..:0" ... . years. The Performance Bond will be' written by a licensed surety company unless otherwise shown on Schedule "F". DATE . ...February. 19. .. .. ...... 19IIZ . Iv10EBIUS ASSUCIATES......... ...... . . . (Nam' of Applicant) By ..... .. .... . (Sign re and Title) . Janet i•,ielot, Partner East Road, P.O. Box 234, Cutcho,gue, NY 11935 .. .... .... .. . . .. .. . . ... ............. .. . (Address) STATE OF NEW YORK, COUNTY OF .. . . .. .. .. .. .... .. .. ....... ...... ss: On the . . . .. .... .. .... .. . day of . .... .. .. .. . .... .... ....... 19. . . .. .. before me personally came • •.. • .. . ....... .. .. .... ...... ........ .... . to me known to be the individual described in.and whc, executed the foregoing instrument, and acknowledged that . .. . . .... ... ... . executed the same. .. .. .. .. . . .. . .... , . . Notary Public STATE OF NEW YORK, COUNTY OF . .. ,.SUFFOLK , , ,. .. . ss: On the . .. .1.9 th. .... ... . dray . .. . . , . .. , , . . 19.82. ., before me personally came JANET NiELOT . . ., , ,, .. .to me known, who being by one duly sworn did de- pose and say that.. .. she . .. . resides at . New Suffolk Avenue, i�Iattituck, New York; that she is a member of the firm of Moebius Associates,.Na a co—partnership 'ai n'd tha.t''iH6'executed' the'foregoing instruineiit' 'iii 'the' 'firm'iii me'bf Moebius Associates., �md that she had. authority to sign the same and she acknowledges to me that she executed the same as 'the act and weed the uses and purposes therein mentioned.a��#c�i �1i�������C��h� ���G�,�C���#�����"e��`€��Fi�x1i1�Y C vZ u� Notary P blic " MARY LOU DOROSKI NOTARY PUBLIC, LState of Now Yost No. 52-1000658 Suffolk County Commission Expires March 30, 10'p j_ SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York, being more particularly bounded and described as ` follows: '. BEGINNING at a monument located on the southerly side of East Road, 251. 64 feet easterly from the corner formed by the intersection of the southerly side of East Road with the easterly ,, side of Fleet' s Neck Road; running thence from said point of beginning along the southerly side of East Road the following two courses and. distances: (1). North 61' 15 ' East 209 . 09 feet; �. .;. (2) North 681 07 ' East 118 . 15 feet to a monument and land now or formerly of H. Robinson; running thence along said land now ?` or formerly of H. Robinson, South 310 42 ' 10" East 381 . 0 feet to the ordinary high water mark of Great Peconic Bay; thence along the ordinary high water mark of Great Peconic Bay on a r t'ie' line course South 73' 08' 10" West 428 . 41 feet to land now or formerly of H. Wickham; thence along land now or formerly of 'A H. Wickham, North 15' 18 ' 40" West 315 . 0 feet to a monument located on the southerlv side of East Road and the point or place .,of BEGINNING. '3 ;_ 1. 'I'l is APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for *te xo). (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 ."Minor ,Subdiyjs.jp�,MqLae.. px.MOab;Lus. Associates" . . . ..................... .................. .. ....... .......... .... . ...... .................. ...... 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: Parcel II Liber .M§6 ...... ...... ..... Page .....4.7.4.. .. .. ... . .. . On .Jul....L9,..197,a....fmiber ; . .. .. ........ . ..... ..... ..... ........ ......... Liber ..... ........ .. .... .... . Page . ... . .. .... . . .. .. .. . . . On . .. .... .. ......... ; Liber . ............ ...... .. ... Page n ... ...... .. .... ........ ; Liber . ................ .. .. ... Page .. .... .. .. .... .. . On asdevised under the La i I and Testament of ... .. ..... . .. ........ .. .... ............. oras d' utee . ...... ...... .. ...... .. ... ... ..... .......... .. ...I................... ... 5. The area of the land is . .3:0..... .... . acres. 6. All taxes which are liens on the land at the date hereof have been paid zePix... ....... 7. The land is encumbered by . ..?lo..... ..... .. .. .. .. .......... ... ... .................... . . mortgage 44xmM xx of $. .. . . .. .. .... ... unpaid amount $. .. .. . . .. . . .. .. . held by . .. ... ....... ...... . . .. .. .. .... .. .. ........ .. . address ... .. ... .. ... . . .. .... ......................... .. . (b) Mortgage recorded in Liber .. . Page . .. .. .. .. ... . .. .. ... in original amount of $... .. .. . .. unpaid amount $... .. .. .. .. .. .. .held by . .. .. .. ..... ...... ...... .. . (e) Mortgage recot ded in 1=ibet . .. .. . .. . .. . Page . . . .. . . . . . . .. .. .. of $. .. .. .... .. . . .. . unpaid amount . .. .. . . .. . held by . .. . . .. .... . . . .. . .. . . . . . .. 8. There are no other encumbrances or liens against the, land NXkqX . . . .. .. .. .. . . .. .. ..... .. . .. . . . . . .. ... . .. . . .. .... ... . . ... . . . . . . . . . ... . . . . . . . . . . . . . . .. . . .. ... .. . . . . . . .. . . . . . ... . . . . . . 9. The land lies in the following zoning use districts "A" Residential and . .. . .Agricultural, .District. .. .. ... .. . . .. . . . . . .. .. . . .. . . .. . . .. . . . .. . .. . .. . . 10. No part of the land lies underwater whether tide water, stream, pond water or otherwise,xx. 1� . .. .. . . .. . . .. .. .. ... . .. .. .. .. .. . . . ... . . . . . .... .. .. . . .. . . .. ... . ... .. . ... .. 11. The applicant shall at his expense install all required public improvements, does not 12. The land lire in a Water District or Water Supply District. Name of Dis- trict, if within a District, is . .::. . . .. .. . . .. . .. .. . . .. . . .. . . . ... . . . ... No 13/Water mains will be laid XyXXXXX-N)XXXXXXXXXXXXXXXXXXXXXXXXXX.XXXXXXX XXXXXX No XXXXXXXX 14./Electric lines and standards will be installed No 15/Gas mains will be installed 1XX. .. . ... . .. . . ... . . . . . . .. .. . . .. .. .. .. . . .. .... .. . . .... . .... . . .. . 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same.(None) 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. East Road is a Southold Town Highway 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 $. ..N,/4... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . . ..-0.: . .. . years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE . . . FebruarX 19, 1982 MOEBIUS ASSOCIATES .. .. .. .. ..... .. . .. . . .... . .. .. .. .. .. .. .. . (Name of Applicant) By .. . . . ... .. .. ..... . . ..... .. .. . (Sign)ta'rnet and Title) Melot, Partner East Road, P.O.O., Box.2.34.,.. Cutchocpu , NY 11935 .. .. . . .. . .. . . . . . .. .... .... . ... . .. (Address) STATE OF NEW YORK, COUNTY OF . .. .. . . .. . . .. .. .... .. . . .. .. . . .. .. .. ss: On the . . . .. .. .. .. ...... . day of . .. ...... ... . .. ... . ....... 19. . . .... before me personally came • ... . .. . . .. .... .. .. ........ .. .... .. .. .... .. . to me known to be the individual described in and why, executed the foregoing instrument, and acknowledged that . .. . . .... . . ... executed the same. Notary Public.. .... .. .. .. . STATE OF NEW YORK, COUNTY OF . .. . SUFFOLK. . . .. .. . . .. . . .. .. .. . ss: On the .. , 19th dhy Fe$X144zy ,, , , ,, ,, 19.$?.. ., before me personally came .. . JANET,MELOT ,, , ,, ,, ,,,,, ,,,, ,, ,,,,,, ,, ,to me known, who being by me duly sworn did de- pose and say that.. ..Phg.. .. . resides at4&. New.Y.ork;c .. . ..that she is a member of the firm . of Moebius Associates, a co-partnership and that she executed the foregoing instrument in the firm name of Moebius Associates, "an.d. .thAt..she.hart. autho_ri.ty. .ta . s.ign. tha. saute. and .S;hg..acknowledges to me that she executed the same as the act and deed of said firm for the 1�x��iao�tioxx��sx�xd�i�xx>� xa�te�����e�>��c��r�� xxxxxxX�X���x uses and purposes therein mentioned. xel�- 4&4.wx;4R$cxt xxxxxxxxxx§ij�xxxxxxxxxxmxA1motx,-byxlxxondox It Notary Pu lic VRY LOU DOROSM pOYa1RY PUBLIC, State of Naw YOM No. 52-1000658 Suffolk Comity Commission Expires March 30, IV 83 SCHEDULE A ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, Suffolk County, New York, being more particularly bounded and described as follows: t+'a', BEGINNING at a monument located on the southerly side of East Road, 251. 64 feet easterly from the corner formed by the intersection of the southerly side of East Road with the easterly side of Fleet' s Neck Road; running. thence from said point of beginning along the southerly side of East Road the following two courses and distances: (1) North 611 15 ' East 209. 09 feet; (2) North 681 07 ' East, 118 . 15 feet to a monument and land now or formerly of H. Robinson; running thence along said land now or formerly of H. Robinson, South 310 42 ' 10" East 381. 0 feet to the ordinary high water mark of Great Peconic Bay; thence along the ordinary high water mark of Great Peconic Bay on a tie- line course South 73' 08' 10" West 428 . 41 feet to land now or formerly of H. Wickham; thence along land now or formerly of H. Wickham, North 151 18 ' 40" West 315 . 0 feet to a monument : . located on the southerlv side of East Road and the point or place of BEGINNING. February 19, 1982 Southold Town Planning Board 53095 Main Road - Town Hall Southold, New York 11971 RE: Minor Subdivision for Moebius Associates East Road., Cutchog`ue, NeW 'York Gentlemen: The following statements are offered for your considera- tion 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. Very truly yours, MOEBIUS ASSOCIATES -h-,- /A,6-F anet M. Melot Partner ! !'n t-",iFilTnl_ ASS' SS; L14 I11ST1:!1CT I ONS : III orcic:r to unsWei- the questions in this short EAF it is assumed that the prcpaI•cr will use currently available information concerning the project and the likely impo' cts OT the action . It is not expected that additional studio::, research or other investigations will be undertaken . (u ) If any question has been onsaered Yes ;the project may be �;ignificc:nt and a completed Environmental Assessment Form is necessary . (c ) If all quc-scions have been cnswered No it is likely that this project is not significant . . (d ) Enyironnental Asscssrn^nt l _. 1'lirl pro ject resu Z t •'in a large physical. change to the project site or physically alter more t,hun 10 acres of land? . . . . . . . . . . . . . . . . . . . . . . . • Yes ✓ No 2 . Will there be a major change to any unique or / . ur.usuol land f ox m found on the site? . . . . . . . . . . Yes ✓i10 3 . Will project alter or have a large effect on existing body of water? . . . . Yes to/ No 4 . Will. p.ojcct have a poicn-Lially large impact on groundwater quality? . . . . . . Yes �No 5 . 1'Iill project significantly effer.t drainage /- flow on gdjacent sites? . . . . Yes V No 6 . Ilill project affect any threatened or / endangered plant or animal species? . . . . . . . . . . . Yes ✓ No 7 . Will project result :in a major adverse effect on air quality? . . . . . . . . . . . . . . . . . . . . . . Yes V�No C . I'Jill project have a major effect on visual c:huracter of the community or scenic views or vifLos known ,-to -. be important to the community? Yes d i�o 9 . Wi 11 project adversely impact any site or structure of historic., prehistoric or po.lcontological importance or any site dcsigncited as a critical environmental area bya local agency? . . . . . . . . . . . . .. . . . . . . . . . . %; . . V Yes No 10 . Will project have o major effect on existing. / 01- future recreational opportunities? . . . . . . . Yes ✓ No 11 . Vrlill project result in major traffic problems or. cause a major effect to existing transportation sys-Lems? . . Yes /1�10 12 . 1'lill project regularly cause objectionable odors, noise, glare, vibration, or electrical . disturbance as a result of the project ' s / operation? . . .. . . . . ... . . . . . . . . . . . . . . .. . . . . . . . . . . . . Yes ✓ No 13 . Will project (nave an), impact on public health C,; ofcty? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • Yes /No 14 . Will project affect the existing community by directly causing a growth in permanent population of more thon 5 percent over a one year period or have a major negative effect on the character of the community or neighborhood? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Yes No 15 . Is there public controversy concerning the project? . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . Yes ✓ No PREPARER ' S SIGNATURE Janet M. Melot REPP.ESENM7 G ��r ,4/5 jp�/��"�S DATE February 19, 1982 AFFIDAVIT OF 01vNERSHIP STATE OF NEW YORK: ss. . COUNTY OF SUFFOLK: .JANET M. MELOT, being duly sworn, deposes and says: That she is a co-partner of Moebius Associates, a co- partnership with office at P. 0. Box 234, East Road, Cutchogue, New York 11935. That the co-partners in said co-partnership are as follows: Janet M. Melot Gertrude M. Ali New Suffolk Avenue 15 Chapel Gate Lane Mattituck, New York Upper Brookville, New York John E. Mothersele Charlotte A. Lynn Beckley Road 49 Musconetcong Avenue E. Berlin, Connecticut Hopatcong, New Jersey The title to the premises of the subdivision to be known as "Minor Subdivision Made for Moebius" by Roderick Van Tuyl, P.C. dated February 10, 1982, is held by Moebius Associates, a co- partnership consisting of the four contingent remaindermen under the Last Will and Testament of Kurt Moebius who died a resident of Suffolk County on April 4, 1932 . Kurt Moebius held title to this three acre parcel of land on Peconic Bay by deed dated March 24, 1909 from the Fleet Family, and the premises have been in the Moebius family ever since this date. Janet M. Melot Sworn to before me this MARY LOU DOROSKT "�- 19th day of February, 1982 . NOTARY PUBLIC, state of New Yorl ho. 52-100J353 Suir`olk County Commission Exr.iros March 30. 19'9j- 9b r y Public