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HomeMy WebLinkAbout1000-35.-1-24 I r\ v MAJOR SUBDIVISION 1. 12 copies sketch plan received road profiles 5 ft. contours 200 ft:- outside proposed drainage park and playground Affidavit of ownership 2. Meet with Planning Board 3. Required changes sent in writing 4. New submission received 5. Approval of site plan 6. Letter sent with resolution approving PRELIMINARY PLAT 1. Application in duplicate to Town Clerk / LG � Fee ($50 plus $5 an acre or part thereof) Inspection fee (4/ of approved performance bond) 12 paper prints to Town Clerk /4///�o Description of property L?�� 2. Superintendent of Highways review 3. Meeting with developer 4. Public Hearing (within 45 days) Advertised Affidavits of publication received 5. Planning Board action (within 45 days) 6. Copy of action sent to developer (within 5 days) 7. Sent to County Planning Department Received County' s recommendations �� i FINAL PLATlliuc_��L " yam 1. Application in duplicate to Town Clerk Original tracing______? cloth prints 7 0 paper prints (6 .if under County jurisdiction) 2. Endorsement by County and State agencies 3. 1 copy to Town Highway Committee 4. Meeting with Planning Board (Official submission) 5. Report of Superintendent of Highways (within 30 days) 6. Report of' P. B. engineer (within 30 days) 7. Bond estimate received Amount 8. Public. Hearing (within 45 days). 7 7 P Advertised Affidavits of publication received 9. Planning Board action (within 45 days) Authorization to sign Copy of action to developer 10.. Sent to County Planning Commission i Received county' s recommendations 11. P. B. resolution recommending amount of bond 12. Town Board approves amount of bond . 13. Town Board receives bond and accepts it 14. . Map signed - 15. Filed with County Clerk (within 30 days) 16. Release of bond 17. Acceptance of roads by .town March 16 1979- s Frederick J. Ziems; 54;'North Country :Road Miller Place',; .New.York 1176[� :-Dear Mr.. Ziems.; .`, - t The followin Action ".taken b •''the Southold Town: Planning Board -At ";a. regular 'meeting held RESOLVED ._to accept: and:.approve "the conditions .of the' Suffolk County.;Planning'''.Commission •in regard to' the •subdivision to 'be"'. .kriown-as "Paradise�by the Sound' located 'at Greenport,` New York', and owned:by ' John Rath. s The only;,things that seem,to ,remain to; ;be -,'done--would•,be,. the presentation of_,_the'."bond..,in the,-'amount ;of .12-30-,0,00 and-,inspection fee, of 4�•"of. tYie. approv ' 4bond ed ; .'wYiich should'be directed; to``:the Yours truly;. Muriel.Brush;'.'Secretary. ; out hold Town Planning Board COMMISSION ` ` Ilk� ` n i Seth A. Hubbard r r Chairman Lee E. Koppelman v° u Director of Planning vim" Suffolk County Department of JPlanning- JOHN V.N. KLEIN, County Executive Veterans Memorial Highway Hauppauge, L. L, N. Y. 979-2920 February 15, 1979 Mr. John Wickham, Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 - Re: Map of Paradise By The Sound North side of North Road, New York State Route 25, 554.44 feet east of Sound Ave. , Greenport, New York. Dear Mr. Wickham: The Suffolk County Planning Commission at its regular meeting on February 14, 1979, reviewed the proposed subdivision plat entitled, "Map of Paradise By .The Sound" , 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 conditions deemed necessary to help preserve the traffic safety and carrying capacity of North Road and to help preserve the natural and aesthetic attributes of the shore- line along Long Island Sound. 1. Vehicular access to Lots 1 and 50 shall be restricted to Patrick Path and the final map shall carry a note that there is no vehicular ingress or egress to these lots on North Road. 2. No driveway on Patrick Path shall be located closer than 50 feet to the north side of North Road. 3. No stormwater runoff resulting from the development and improvement of Lots 1 and 50 shall be permitted to flow out into Main Road. 4. No stormwater runoff from the subdivision and from Lots 19 to 26, inclusive, shall be discharged -down the bluff in any manner. 5. Access to the beach shall be restricted to a single structure on each lot designed and constructed in a manner that will not disturb the stability of the bluff. Where feasible a common structure should be used by each pair of lots. Very truly yours, Lee E. Koppelman Director of Planning CGL:jk by gd J .. File: S-SD-79-02 Charles G. Lind Encl. : Map Chief Planner Subdivision Review Section % cc: A. J. Felice. County Clerk P .I. T D Ln rn 5 , Southold, N.Y. 11971 JOHN WICKHAM, Chairman TELEPHONE FRANK S. COYLE 765-1938 HENRY E. RAYNOR,'Jr. FREDERICK E. CORDON JAMES WALL February 23, 1979 Frederick J. Ziems, Esq. 105 Main Street Port Jefferson Station, New York 11776 Re: Paradise by the Sound . _ Dear Mr. Ziems: I enclose recommendations of the Suffolk County Planning Commission regarding the above-captioned subdivision. .. The Southold Town Planning Board can override the conditions of the County with a majority plus one vote of the Board but must have good reason. I do not see that. any of these conditions would receive this treatment. The Board will review this letter at its regular meeting on March 5th. Yours truly Muriel Brush, Secretary Southold Town Planning Board Enclosure January 19; : 1979 I Frederick J. Ziems, Esq. 105. Main- Street Port Jefferson Station,- N.' Y. 11776 Re: Paradise-by-the-Sound Dear Mr. Ziems: The following: action was taken .by the -Southold' Town Planning Board at a regular -meeting held January 9th. . RESOLVED to forward to the Suffolk County,"Planning Commission the final maps of the subdivision to be known as "Paradise-by-the-Sound". I have' thiusday forwarded the necessary maps to the Suffolk County Planning"Commission. Yours truly, + Muriel Brush, Secretary < . -' •., , - -,,. - ^III .January 190 1979 Suffolk County Planning .Commission Veterans Memorial Highway , ` . Hauppauge, New York 11787 „ Gentlemen: Pursuant to Section 1333, Article XIII of the Suffolk County Charter, -the Southold Town. Planning Board hereby -refers the following proposed final plat to the,, Suffolk County Planning ;, . _Commission: Name of Plat. - "Paradise-by-the-Sound' Hamlet- - Greenport, Town, of ,Southold Material submitted. Proposed ,nplat - - 3 copies i One- copy: of grading plan, profiles, drainage and topogi°aphy i which is. the final preliminary. map .approved by. the. Planning. Hoard. f The Planning Board has waived the requirement 'for more than one . . egress and ingress and' 150' feet at the building line for. lots 45 and- 46. She have in -the office copy of-signed contract 'with the ' Village of Greenport to supply water, .a deed for water easement between the Town of Southold and the, Village' of Greenport. yours truly, Muriel Brush, Secretary Southold Town Planning Board r_ Officers 1 UTILITY OFFICE TEL. (516)477-1748 MAYOR LLLaye of reenvod JOSEPH L.TOWNSEND,JR. ;/ POWER PLANT TEL. _ INCORPORATED 1838 NEW INCORPORATION APRIL 7.1666 (516)477-0172 TRUSTEES RE•INCORPORATIO N UNDER GENERAL LAW MAY 26. 1094 HENRY CARLOZZI SAMUEL KATZ Lfy WILLIAM H.LIEBLEIN J. r WILLIAM QUINN "�• a -=p NG I S LANDV SUPT. OF UTILITIES �� d JAMES I.MONSELL 236 THIRD STREET GREENPORT, SUFFOLK COUNTY NEW YORK 11944 December 19, 1978 Ms. Muriel Brush Secretary - Town Planning Board Town of Southold Main Road Southold, New York 11971 Re: Water Agreement - "Paradise by the Sound" Dear Ms. Brush: Enclosed is a copy of the agreement between the Village of Greenport and John E. Rath for public water supply to a subdivision known as "Paradise by the Sound" in Greenport. The authorization for Mayor Townsend to sign was approved at the Village Board meeting of December 11, 1978. We will file a signed agreement with the County Clerk. I do not have any more copies of Exhibit "A" which is the Young & Young map of May 12, 1978. Exhibit "B" is our water facilities layout, which is attached. Also enclosed is a copy of the Water Easement. If I can be of further service, please call. i Very truly yours, James I. Monsell Superintendent of Public Utilities JIM:nr Enc. cc: Joseph L. Townsend, Jr. , Mayor William Price, Jr., Village Attorney IWIP01 da;' THIS AGREEMENT made the CAO 19 of . 78 1*.'and between the '. ,-'.., a VILLAGE OF'GREENPOR Ta municipal corporat o,n • in Suffolk ounty ,having its office and-principal 'place of business at'236 Third Street, Gr6enpqrtNei. ' York,'herein 6all6d the Villagei'a&d 'John E. Rath, residing''aflo 95 Avenue Franklin Square 'INew'York: 3.1010 'WITNESSETH :_ .WHER RAS John E. Rath is 'about to comence`,a "a Opmebt,", Time Structures, Inc* at North Gree4oitj: Town of Southold, Now F'rujins. 'and install b drilits 6n,thei wishes to construct water, rights of way on certain map entitled "Preliminary fl%b for Time "Paradise By the Sound" Strucutres, Inc'o"s�.-'dUbcLild-si'ozi'.'ea3.led. ara so: ai­ (Iree Town of Southold,, Suffolk County, New York"" consisting,of tw- ud, o.,drawinp. tha - last revisionma -on May attached having been de 12` 1978 which drawings are hereto and made a part'hereof and,marked' "Exhibit- An an o connect with ! d t t emo.and he Village Water c),,t 1p WHEREAS the .-Villate'.is,willing:'tia'-supply tater to JOhh' Eol'Rath ..2-and,'tli� terms and condition's for the :supply iof water, and Parties have agreed upon the other matter j' -he NOi�T in consideration of the p* remisell the covenants in , re it is mutually agreed as follows.i . 11;install. at his onsb' '�water 'ma#i let John E, 1�ath itil Own cost and'iqw, for supply and:,distributions .throughout the roads as shaven on a copy of tba map entitled Village o' Greenports' Dept', Public Utiliiie f ss er mains @j2d ort bydrant,130 'subdiviaion.4)ro John,zeRath 11mina17 North Groonp Tom of H knob,m York of WI: "' - ,34 � l Southold by Alden Young' dated February 1976 last revision ilat a copy of which is attached' heri3to':and made: a part hereof and marked "Exhibit.B"o All necessary engineering work,'-trenching laying$_Joiningj,'� Rath'and sometimes hereinafter , backfilling., etc.'., shall be done by John E. K refsrre d'to,as "the work".,.'. The,V"ge,.will" supply the. hydrants. for installation on,it thei", map marked "Exhibit BRO, locations 'shown on said` ji'd Until 'su6h time as..rental for such hydrants is'assured.'ind'paid % ;for ,by District,'' 'Joh an E. Rath w pay annually to the y ihe'East4est Fire Village such rental for such a hydraii P s'�is from time to" 'aid by in f Districte The Village I aue r .other hydrants in h District to the Village o will deliver-the 'hydrants to-the site.at'a time appropr ate .to the expediti6an[`z given ample notice by, John E# Rath*,.'.,,,Such ample completion 'of the work, if l not ce" shall not be'i less than 21 days" 4th' Johns-Manville asbestos, cement pipes or equal may be used for 6- : the mainso ' Any pipe and all joints and parts of the system must be able to pressure of not leas than 350 pounds per square.'inchoi The Village 5the will supp�ij without,charge to John'R., Rath sufficient water to'mak6 essential' tests and to leave the ,system on final-approval completely sanitary. 6thi' The work .is subject, to inspection by the Village w''hi"i ch' he r e b 3 r delegates to its Superintendent­of Utiiities ,fu ;power of inspe6tion`here.-; 0 "par-John Eo Rath will grant completefreedom all undere of acce' ss,i. to Ii": authorized. the t. remises and the workloi inspectioni The viluge:,win an 2J of inspector at the site at all proper times so as not to delay the work. No work not passed by the inspector will be accepted by,the Village. No back- . r ' filling shall be done until the,pipe and the work in the trench has been " 1 approved by the inspector. d 7th. John E. Rath will., and by this agreement does, upon approval of . , the completed work, which the Village will indicate to John Ee Rath:in i A writing, dedicate the mains to the Village, and does hereby grant and convey l� 1 to the Village an easement and right of way for the•purpose of laying, relay= ings repairinga operating and maintaining water mains' both supply and, . distribution, and appurtenances$ including domestic services and fire hydrants; in the full length and width of the no►+r.or hereafter existing public or Private streets in the premises as shown on the attached map. The rights of way and easements shall' also extend, five feet on either side of the mains to be laid pursuant to this agreement, whether or not such distance shall be '! within the roadway. ; The mains and appurtenances and the'•rights of way and easements shall be and forever remain the property of the Village, its successors or assigns. John E. Rath shall convey said easement and right-of- way to the Village by written instrument, in proper form'to be recorded in the Suffolk County Clerk's Office, before any construction shall be caaaenced.t ;- i . i 8th. The easements herein granted are not e=lusive,' and; other easements; . in said streets may be granted by John E. Rath to other persons or.corporation� maintaining public services throughout the development, provide&that no other!` : mains are set within two feet laterally of the water main and no poles are set into the ground within two feet either side of a line on the surface directly above the mains*' If a gas, sewer, or other main or .service necessr arily crosses the water mains, John E. Rath will advise.the Village in writings .` of the exact location of the intersection forthwith upon installatiaai. 3 of 7 7. { or within additional periods of, 24 months each, however.' it is hereby F mutually agreed and understood that all specifications in reference to materials used for the construction of said system, "the work" to be i completed, and/or water to be supplied shall be c1anged to.conform with the then current standards as set by.the Village of Greenport .Uti,lity g .. 1 ' Department, its successor, or its authorized agent at each such interval, • y , I 5of7 • A a �' 7 K r i ♦, `� ar ' �� t 9, r t 4• I4 ' S J f l I� 4 1 .f, I!� t. @ ; . . 4 iIiI 1.:I�II I,..1I:.!­.,I�II:.�,�­,..I-_;1,,:,1 I��1 I:,�1�;.t,.�'...1,�.:1,�',.,­,.".,..�,II,��...�.,�,,;;�..,I-I I,.,II,.,.I,""-�".;.,,.I...,:I,"',..1-I,."I,:,,.I�.,.,I.._.,...�.�-I I,-,I I,I.I,-I,�..1�-.,..��':,_,,�-.I:-,.I,I�,,;I I_.,:I'%1;o,I�I��,..I��,,,..�;.,I�..,..'��.I...%,.�,.-�:..I�-,,;.I�4:-I.,:.I,�1,!'I.��"..t:,.I�..�I 1..­,,-,4�;.­...�..I,..I,�.�...��I.1,..1',1-,.-,�,�I:�::..,:.:,1".,,.,1:�t- .o.4 1.�I,!I:..i-"�._4,,;1�.',—I�,.,�:',I.��.,�.��:..:L-,I,�I�.,,.�,-,�,,,%.,L.�;'.,.',..,-.�',.,...��.I'1.�-:-.-!.IJ,�.'P,L;I,_I:,.,I:.iI,!-��.�I.,.,�1.,.�*,.,,..,.�,,..I I%.I.�I,-,:�1,�I II.,�.�I-.:r,1,,",':,�I,.,3,.,-.1'I'.,:�'".�,,:',I.�I���,,I,.%,;��,..�-II.,;­�:-.��:�.I.I"I.I:,I",".,'_,.I I�I�..-,�-.,,,:1,.�.,,,.�.'.,�I;,.I�I-.,..�,..,�.:�I,.-I.'I.,;�,,,.-..-�..'',�,.,_.:.�I I,II.1,�.,2.:I��r.1,I....I.I,!,�..,.,��"��I�..1,I.I.�.,..q.'';,-���,,'I�,�I,�,:����-;-,.'�.�,..�I..,��,.-,,�.,,�,..�I.:..I.,�..-I-.,�..;,.2-,!­�rI.�,�I�II.I,.'..,.P.�.�-..I:I.�,I,",�,I,..�"I,,....,.,, . !F ," l } IN WITNESS WHERREOF, .the parties have. executed this'agreement1in Your ; � 'II t . ; countergarts, all of �rhich shall constitute originals 'the day and year first ` above written, t i i, , l ; Attest t VILUGE OF QREENP RT 1 ; . +l I i I4 n r �t Clerk = f I�_,1";�.-,;-�",I.,I�"­...';..,r,.,,�I.,4�.'-:.",,.,-..,,,...��­.h��:,,-�t.�I,1.',,':1,..,.��..,:,�,.,1-1:,!.,��.�,".I,I�,,.,�.". I r MaYr F', - `' _ F1 f, - i I� ! I a 1; f ? 1 1' i ' 4 ohn.E. Rat }l 11 , ;1 h p J { 1 i I i i r �: {i II ! P Vf A - 1 _ ., 4 f 1 ;) i I% j i - t ,i i jI 1 71 x I , „ ., ; 1 I� S t} 6of7 y i� 1 «. ,- T- -- ,- _ A"i J. state of .New York County of Suffolk�',) 2. VA_ A me personally came Jobn:�Z* Ra if IX the day ofAi�-fo�&43,9200, before -to me knownp who , _:being by,me duly swornp ,did depose and, say, that.he resides at No*/-a47,r7jf i., p � fivE , AW-v, Tonat no is the 9JA0 6pE'cc#rEp new^roor #job pm L v #eXAo40A rA"'b _M me 1#,V-RAr Off 6"646.0 U am 4-4— A----4V—A to-and ull'rb _PM logo ho knows bin s@Q1 " so" serp &ACIANOW MU%PJL WAS&OLL W J6 i Arxind _Wz at at 1—bV­:':;� a wtft a b_­ ftee6we 've saft earpmai -A-AAW i firl" %J 1__: FREDERICK J. ZIEW y Notary Ty1W NOTARY PUBLIC, State of New ot -4387750, Suffolk County No. 52 I=��*TQS blarch 30, 1979.. State of Now York, as* , Gounty 'of Suffolk day of 19AF', before me personally c eph,1. T On the ame, Jos am. to me known.,, whoj, being duly. swornp did depose and saythat he resides at Noo ; that he is the )*or 'Gres' 6A of t #he Incorporated Village of np, the municipal corporation described in and 'which' ted-the for go execu e ini . . instrument; that he knows the seal of said�corporationj ,that the seal affixed i-: to:said instrument-is such corporate seal; that it was so .affixed by ,ord6r­ 'T�" ot 'the board of directors �f, said corporation., and that he a ck his name .., igne by� like order. J- Notary 19b-lic ROBERT,I E. W At-DEN PUkIC, s6te of .New'_'�brk n i'� ied in Suffolk Cou NOTARY Qua I No 5Z-4513933 Pires March,�30' 1,9_'� on FA A 7 of r , µ s f1"/� d ,.. '' ,-di'6000Q'/!L � c//'GGB,•,L/ , . y f ,r r• ATTORNEY AT LAW C/ ` - 828 FRONT STREET GREENPORT, N.Y. 11944 Phone (516) 477-1016 20 19 November ,, 78 , : John L. ,Peckham,: Clerk Village of Greenport Third Street s. Greenport, New York Re: Town of Southold', to .Village of Greenport Water easement Dear Jack: ' Enclosed herewith please find.Aded. for`water easement between the ,Town of -Southold and Village of Greenport in respect -'to Paradise Sores subdivision, .;,• , ' together with my statement for legal fees .and disburse ments If you have any questions please do not hesitate to contact me . . Very truly yours, WILLIAM H. PRICE, Jr WHP/dg , Enc. Fil r LIBER 8528 PACE 1511. THIS INDENTURE, made b`e"tween the- TOWN OF� SOUTHOLD, 'with offices at (No ) Main Road Southold,,. Town of Southold, Suffolk County, New York, hereinafter referred to as the Grantor,. and the VILLAGE ' OF GREENPORT; ' a , municipal corporation having offices " at 236 -Third Street,' . 'Greenport,' Town, of Southold, Suffolk County, New York, . hereinafter -referred to as the, Grantee. WITNESSETH; i. i000, That the Grantor in consideration. of ;'other good and DISTRICT 03300 valuable consideration and Five, ($5. 00) . Dollars, lawful, money,,: SECTION of the United States , the receipt of which is hereby',,, acknowl 0400 edged, paid by the Granntee, ' does hereby grant and convey unto BLOCK . the Grantee, its successors and assigns , forever 078000 The perpetual :and 'exclusive ' right to'''lay, °relay, operate, LOT maintain and remove a water main or mains, :both supply and dis- --err 1 tribution, , and .appurtenances,, in the. full width and length of all that plot. piece or .parcel of _land situate, lying'-and being in the 'Town of . Southold, County, of`, Suffolk and State of` New York,' more particul"arly described as "follows Beginning ,at a point on the easterly line ,of, Sound.; Road, said point being 29 :.5"'feet northerly "from the ;;poin`t. of„ inter section. of "the boundary line between the southerly , end , of the property of the Grantor'.and the northerly.,,end of. ,lands,'.,now or formerly of Frank Toledo . and' the easterly line of,, Sound, Road, -� seconds west Running thence north. 27 degrees,. 31 minute20 e' north 62 degrees 28 minutes,'.40. sec 15 . 0 , feet, Runningt onds , east 140 . 78 . feet; ' . Running thence South 27 degrees 33 min sites 20 seconds east `15 . 0 feet;' , Running 'thence south62 degrees i 28 . minutes 40 seconds"' west 140:79 . feet . to the point;;of beginning ' TO HAVE AND ,.TO HOLD the , rights and easements herein granted anted unto the Grantee, . its successors and assigns, . forever. 777,777 - - - - -- 4 LiBER852 O. PA6457 ` li,. , All mains. and appurtenances laid or, to : be,.laid by, on behalf, or subsequently 'dedicated to the, Grantee , it;'successors and assigns , shall be and remain the'' personal', property' of the '_ Grantee, its successors , and assigns; forever, ' And the Grantor covenants as follows (As• to the, •above l described parcel of land) As a covenant, to run �with the .land, w , ` . not ,to plant or erect `',without the written consent of .the', Grantee, its successors and assigns , over any' portion of 'the. above" ,des- cribed parcel of land 'or water :main or appurtenances therein; . any-trees, structures or the- like, which; will make it sub will tially more difficult' to repair'',and such water main,:' or 'appurten . ance, or will'' make � 't or• 'them relatively inaccessible, ' it is, mutually-understood, however, that the Grantor reserves the right to pave the area hereinabove described with asphalt or; other material-, for access' purposes to a proposed subdivision , to be known as Paradise By ;the Sound IN WITNESS' WHEREOF', the' Grantor has hereunto; set:: his ;, hand and seal the . day' .land' year .first above written r THE 1 TOWN'OF SOUTHOLD. GSA f Y BY �R{` i. 71 - �T�..•Kw-;R; �. ,.'rc7gl f-�*�i�'� 1.: T-m-+;T'-:...•-++. r LIBER 8528 PACE 158._ r STATE OF NEW YORK ) COUNTY OF SUFFOLK ) ss. : On the, f� day of ©'ctobeas r'; 1978, before me personally came Albert Martocchia', " to me known, who being by me duly sworn, did depose and say that he resides at No': 431 Seventh Street, Greenport, Suffolk County, New York;' that he is the supervisor of the Town of Southold, the municipal "corpor- ation described in and which executed the ' foregoing instrument; that he knows the seal of said municipal corporation; that the seal affixed to said instrument . is such corporate seal; that it was so affixed by order of .the board of councilmen of said muni- cipal corporation, and, that he signed his name thereto by like order. JUDITH T. TERRY 'Notary Public, State of New York No. 52-0344963 Suffolk County Commission Expires March 30, 19,"t ...-_--_.__._.. ...,.- - -- ---------"---"-- -------^^--------'---..__.__�—r----"-----��...----'T--.—._--,—r..�.;are;,...-�in'Tr--.T%•";rerf;.. Zb—;-. p 's -7 OUN A 6- 777Z 7 . .........- "T,-%F-7-l"7- Ak- I PuUMORIZED To LTMATIbof 0.1tAVDItlo, THM SUIZVEY IS A ilotA Txm 0; 5ECTION 7209 OF YORK THE NEW _iALICATiON_lAW. 'COPIES OF THIS SUR YEY MAP NOT.K"NG YHE LAt4l)SURVEyOR.S INKED SEAL 02 EMBOSSED-SEAL SHALL NOr-BE --JO BEA VALII)TRUE COPY­ -GUARMTEES ICATED HEREON SH_ ONLY TO THE PERSO:q ALI:RLW- IND -15 PREPA OR*Wllgam.THE 6UjtvFY mo 0��V r'E!!;'.LF-TO'THf ps TITLE COMPANY Ct_ LENDING INSTII�710N u 'S' o'' TO THE AS51GNEES 0 TUTiON. GUAP�ANTM To AWITIOMAL Z. c-a-se I twewi- W 973 e0000i':��z' V,4"7D� P c (z t-n&tf/loe4 New yl!�'f-k FULAr F O. K JUDITH T.TERRY TELEPHONE TOWN CLERK (516) 765-1801 REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 July 27, 1978 Southold Town Planning Board Southold, New York 11971 Gentlemen: At a regular meeting of the Southold Town Board held on July 25, 1978, a resolution was adopted accept- ing $230, 000 as the amount for a proposed bond for the subdivision known as "Paradise-by-the-Sound" as recommended by Engineer Lawrence M. Tuthill and the Southold Town Planning Board. Very truly yours, Judith T. Terry Town Clerk ' it July 26, 1978 . Mr. kaymond C. Dean Supt. of Highways Pec®nic, New York 11958 +Dear, Dir. Dean: i On May 152 1978 the Planning Board gave conditional � pprova.l to the, map of the subdivision knoi^m as "Paradise- . ., , py-the®Sound". One of the -conditions was that a review be aade oy' the revised map by Lawrence M. Tuthill. I nailed �;hese maps out on May 18th- requesting; such review. I do not have a letter in the file from. either Mr. 'uthill or yourself. I cannot send the maps for review ,o the Suffolk County Planning Commission until I have a jesolution giving final approv 1 to .the preliminary pap - - , Irom the Planning Board. The Manning Board has not given .is approval because it' does not have a letter from you. . The latest revisions on the. map in question were made y 12, 1978. . Yours truly, , Muriel Brush, Secretary July 21, 1978 Southold. ToiTn Board Town- Hall Southold, New York 11971 + Gentlemen: The following action was taken by the Southold Tovra Planning Board 'at a regular meeting held July 17, 1978. RESOLVED to recommend the bond amount of !�230',000 as submitted by Lawrence M. Tuthill, Engineer, for the subdivision known. as "Paradise-by-the-Sound.'. to the Town Board. - Yours truly, Muriel Brush, Secretary Enclosure July 119 1978 it Frederick :J. 2iems, . Bsq". 105 Vain Street Port Jefferson Station, New.York 11776 ; . Re: `Paradise-by-the-Sound Dear Zr'.. liems: I am enclosing the bond :.estijiate- as prepared bay Lawrence M. Tuthill for presentation to `the Planning.Board. - The Planning'.,Board will act at its ,next ,regular_ meeting on July 17 to reccmunend the -amount of the bond, to the To-un Board. The T61' ! Board will -act. July 25 to approve the amount. At that -time, you will ''be free to secure the bond and present it- to the Town Clerk for" presentation-' to the Town Board. They must- accept it before the map is signed. - There wil, also be due an inspection fee in the amount . of 4% of the approved .bond amount. " Yours truly?. Rluriel Biush, Secretary.: R Southold Town _Planning -Board LAWRENCE M. TUTHILL PROFESSIONAL ENGINEER INLET LANE EXT. GREENPORT, N.Y. 11944 GREENPDRT 11-1652 July 10, 1978 Southold Town Planning Board Main Nad Southold, NY 11971 I?w: Subdivision a Times Structures Gentlemen; \ M.y estimate for the bond for -the im!�3rovements for the subdivision entitled Times Structure, Greenrport is as fellows: Lard clearing none Rough grading 3,600 cy @ $ 2.50/cy 9,Oc30.00 Fine gradi4g 5,190, 1f C} 4, 1.00/lf 5,400: o Surfacing 5,400 if @ $ 12.00/lf 64,80o.aQ Curbing Integral %& if @ $ 6.00/1f 3,090609 H,egula r 10,30-0 if @ A 4.00/lf 41,200.0Q Catch basins 111 @ $ 700.00 ea. 7,700.00 Manhmles 6 @ . 70CLI.00 ea. 4,200.00 Leaching .pools 4, @ $ 15400.00 ea. 53600.0@ Drainage area 10,000 cy @ $ 2.50,/cy 25.9009.00 .encing ( ccomerdial). 1,000 if @ G 12,00/lf 12$000.00 Piping 1811 1380 �f @ S 12 00/1f 16,560.o0 24 tr 330 1f c) 15.00/lf 4,950:00 Head wall 500•00 !-,Iater mains 61► 4,400 if @ 11.00/lf 48,400*" 00 81t 1,100-1f Q a 13:00/lf 14;300:00 Service lines 1« -3:nOO if 4.00/lf 4,800.09 Hydrants 4 @ $ 62)0:00 ea: 2140a:00 t t®rnunents 43 30.00- ea. 1,290.09 Signs Street :5, Stop 4, Dead dnd 2 @ 70.0() ea. ` 770."00 Barriers 2 @ $ 5-30.00 ea 1100(..00 Trees 100 @ $ 50.00 ea. 5,0@0.09 weeding 2 acres @ 1,500.00/ acre 3,000.0 Administrative costs 12;130,00 Tzicrense cost. ever 3 year ;period 38,000.00 230,000.00 4espectifull'ysubmitted.$ May 18, . 1978 Mr. Lawrence M. -Tuthill . Inlet Lane Extension Greenport, 'New York 11944 Dear Mr. Tuthill: On May 15, 1978 the Southold Town Planning-Board approved the subdivision of "Paradise-by-the-Sound" subject to.-several conditions. One of those conditions was -that you review the revised preliminary map specifically �or' the hydrant you requested:. ; and the manholes and piping that were 'in question. I enclose said 'map and would appreciate your action on this map. Yours. truly, Muriel Brush, Secretary Copy to Supt. of Highways Dean I May 17, 1978 , Frederick J. --Ziems, Esq. 105 Main Street' Port Jefferson Station, New York 11776 Dear Mr. Ziemss The following actions were taken by the Southold Town Planning Board at a regular meeting held May 15', 1978. RESOLVED*to waive the requirement for more than one. egress and ingress in subdivisions containing more than twenty• lots for the subdivision known as "Paradise-by-the-Sound" because Nicole] Road. at the westerly terminus of-the applicant's property ties into Town of Southold property which is approximately 100 feet from Sound Avenue over.-which the Town may .extend Nicole Road to join the existing town road. RESOLVED' to waive the requirement of 150 feet at the building line for lots 45 and 46 on map of subdivision known as "Paradise- by-the-Sound" because the highway frontage is over 150 feet and ; the lots are over 40,000 square feet. RESOLVED ,to approve the final map of -the subdivition known as "Paradise-by-the-Sound" subject "to the following: 1. Receipt of copy of contract for water from the -Utility. Department of the Village of Greenport. 2. Review of revised preliminary tap by Lawrence M. Tuthill, Town; Engineer, specifically for- the hydrant he requested and :_the ; manholes and piping that were in question: . 36 Receipt of copy'of easement from the Town- of Southold to- the developer. Frederick .J:.: .Ziems, Esq. May: 17,: .1978 '- 4: Recommendations: of ,the- Suffolk 'County, :Planning Commis;ion..- 5. Receipt of :bond for:_.roads' and ' improvements:. 6. .Receipt of inspection fee When .I have received written approval of :the. revised ?' preliminary..map' from ,the town .engineer,. I. will: forward same to the Suffolk: County Planning- Commission :for its recommendation's and-, approval. .' Prior to that ,time, :I should .receive a bond . estimate from the town.engin,eer which will: be recommended to -the.: Town Board. We ere_:meeting again :on :the 5th of June. ; I have made an' appointment for you :at that .;time .if you feel. it .is. necessary . hat you come.-to. .that meeting.'.- Yours truly, Muriel`.•Brush, :.secretary a Southold Town Planting Board FREDERICK J. ZIEMS ATTORNEY AT LAW AREA CODE 516 473-5100 May 17, 1978 Planning Board Village of Southhold Southhold Village Hall Southold, New York In re: John E. Rath (Time Structures) w/ Village of Greenport ATTENTION: Mrs . Brush Dear Mrs . Brush: Enclosed herewith please find copy of agreement between Mr. Rath and the Village of Greenport executed by Mr. Rath. I am this date sending the original to Mr. Munsell . Very truly yours, FREDERICK J. ZIEMS FJZ e nc•. i II Li .. f 1 t 1 `d i {rr�17.• �b ,I '1978 THIS AGREEMENT made the / day of Sa*t zw,rztM:67 by and betwe,eri ' -1 the VILLAGE OF GREENPORT, a municipal.,corp oration in-Suffolk County having its office and principal place of business at 236 Third.Street,]; Greenport, New York JOHN E ' RATH; residir4c� :at 1095 ,Tulip Avenue, herein called the Village and 'xKt ��� I Franklin Square, New York 11010 ' , f WINES `hTFI J John a -R th WHEREAS umez s about to`commence a development,,,known,as �i Time Structures, Inc. at North Greenport, Town of Southold, New York-and wishes to construct water.`mains andi�nstall hyd ' nts+on the certai<n ri&t8 of4ay on a certain i, map entitled "Prelimina'ry:Subdivision Map for Time Structures;,Ih6 . at Greenport, T Town of Southold, Suffolk County, New York; consisting,.of`two .dlrawings, the la t i revision having been made on; u.Febrary 5, 1976, which two drawings are attached her to;: 1 and made) a a?-t hereof and marked "Exhibit A", and to connect with the Uillagc'Wate. I i t i I �. Svstem, and X John E Rath WHEREAS tY ;^ V�,lhge is wil?zng to `supply water ,td � � x ? ?; and the parties hav6 ag~eed upon the terms and � onditions f�i the supply of weber and iother matter NOW, THERErORE, ir: eorsic4,tc,- on of the premises and-'fhe covenants , rein, it is mutually'agreed as follows. : t II John E. Rath s 1st. �ztbi �& wi11 install .at own. �9ost: and .expense, water.rnam, tor" supply and distribution, .throughout the roads as shown on a'copy-61 the map entitled` I{ Village of Greenport, Dept -Public utilities, water inafi4-and hydrants, John E Rath subdivision- Preliminary-�4kmmRtDuotiareKzAaa , North Greenport, Town of �� Southold, by Alden Young dated February 5; 19T6, a copy'of which is attached - 15 i .. hereto and made a part hereof and marked "Exhibit B". Al. 1' necessary engineering John E. Rath work, trenching, laying, joining, backfilling, etc. , ;shall be done by � 2&zmetua� li and sometimes hereinafter referred to as "the work". 4I 2nd. The Village will supply the hydrants for installation at the locations shown. on said map marked ."Exhibit B". ; I 3rd. Until such time as rental" for, such hydrants is assured and paid for by the John Et' :Rath u reenport Fire District, TM*2FR4�iAikPs will pay,annually to the Village such rental j for such hydrants as is from.time to tie being paid by such'District to the Village � for other hydrants in the District. The Village with deliver the,hydrants to; the !. !; site at a time appropriate to.the expeditious. completion of the work, if 'given ample John E. Rath i notice by 'A � �t�� Such ample notice shall, not be less than 21 days'. fl , 4th. Johns-Manville,asbestos cement pipes,' or';.equal; may be used for the. mains. Any pipe and all joints and parts of the system must be able to .stand pr.essur �. of not less than 150 pounds per square inch. . John E. Rath I' 5th. The Village will supply without charge to UAW St A*W sufficient water to make essential tests and to leave the syterri on final approval completely, sanitary. i. 6th. The work. is. subject to itrspe ction by the Village which.hereby delegates it _ john Rath II to its Superintendent of Utilities full power.of inspection hereunder. zXe will grant complete freedom, of access to all parts .of the premises .and'the :work: for inspection. The. Village will have an-aut'horized,,inspector at the site at all proper times so as not to delay the work: 1 o work not passed by the`irspector will i� . No backfilling shall be�' done until the pipe and he •wor be accepted by the Village in the trench has been, approved by the inspector. Rath p royal ith. T �±=W will, and V this agreement does, upon a p i Joh E. Rath of the completed work; which the Village will indicate to Tt. z 1 m. I ,I and does hereby grant and convey to writing, dedicate the mains to the Village, , 1 (i and ri ht of -way for the purpose of laying, relaying, . �i the Village: an easement g repairing, operating and maintaining water "mains, ,both supply and distribution," j I. and appurtenances, incltd ing domestic,services, and fire hydrants in the full length and width of the now or hereafter existing public or private stre..ets. in the premises as shown on the attached map. The rights of way ..and. easements �I i shall also extend five feet on either \side of the mains to be ;.aid •pursuant to ' it this agreement, whetheror not such distance shall be within the roadway. , The, i mains and appurtenances and the rights of way and easements shall be and foreve• i remain the property of the Village, its successors or assigns. �! $th. The easements herein granted are not exclusive, and ,other easements !in. Torn` E'. Rath., said streets may be' granted by e to other persons or corp'oratinns it .. j� maintaining public-. services throughout t'he development,; provided that no.:o+hAr.- y; " {i mains are set within;two feet laterally of the water main and no„poles are set, 'I , i� into the ground within two feet either; side of a line on the surface directly;_above . the mains. if a gas, sewer, or other main or,service necessarily crosses the o E. Rath John } Ij water mains, Ti h ureg will advise the Village in writing of exact 1 i iI i� ii f ii location of the intersection forthwith upon stallation. 9th. The promises deg cr be`d 6yi pin as shown onsaid map are situate at North Greenport, Town of Southold, Suffolk County, New York. John E. Rath loth. If._._Taz; SftYLHAU:?769 contracts with a third party for the work, as,�'the parties„ contemplate will be the case, the Village will examine the proposed John E. -Rath.• icontract, plans and specifications, and promptly furnish j and the third party contractor with a written statement of what part, if any, of the work :proposed in such contract. should be revised to insure approval by the Village. The Village will not require any abnormal conditions, unless the I �i situation at the site shall require them. I „ it llth. The Village, by the execution and delivery of this agreement, conditioned upon the completion, inspection and' approval of the work and written Jo n E. Rath acknowledgement thereof by TiMX9AJW , accepts the dedication and easements hereby made and given. !I 12th. :?pon r ompl tion• inspection and approval the Village will,•supply water to the development and the owners of the lands therein at the rates and �I pursuant to the rules and re.p].ations of the Village in force from time,to time. 13th: The partio; understand that final',approval of the,subdivision xnap has C not: been given by all necessary public authorities. The Village enters into this i , TzJoP.14 kh E a th �V agreement to assist & e in securing such approval, a nd by way of John E. Rath I contractually assuring to a public water supply, if .such subdivision approval is secured. H I� I i I14th: The work contemplated by this agreement shall be completed.as ! i Ifollows. 4 IN WITNESS WHEREOF, the parties have„ex.elcuted this agreement in four I� counterparts, all of which shall constitute originals, 'the day and year first above i written. �I Attest: VILLAGE OF GREENPORT i , By. Mayor Clerk . , b n E.. Ratn /i i it I! I II I� { Ofcers UTILITY OFFICE TEL. MAYOR Yilla CJ�e o� �reenport (516)477-1748 JOSEPH L. TOWNSEND,JR. �/ POWER PLANT TEL. INCORPORATED 11838 NEW INCORPORATION APRIL 7,1868 (516)4.77-0172 TRUSTEES RE-INCORPORATION UNDER GENERAL LAW MAY 28. 1E94 WILLIAM D.ALLEN HENRY CARLOZZI GEORGE W.HUBBARD -• WILLIAM H.LIEBLEIN • _ ,/�* ' -'p;N G I S L A N D r v SUPT.OF UTILITIES JAMES I.MONSELL `�"�'"� •� 236 THIRD STREET GREENPORT, SUFFOLK COUNTY NEW YORK 11944 May 10, 1978 Mrs. Muriel Brush, Secretary Southold Town Planning Board Town of Southold Main Road Southold, New York 11971 Dear Mrs. Brush: Before final approval is granted, the subdivision "Paradise-by- the- Sound" owned by John E. Rath should have the following: 1. An additional fire hydrant at the end of road "D" to give adequate coverage. 2. 0n site water distribution is by 6" and 8" transite mains with individual 1" service line to each lot. The installa- tion of this system is under the direction and supervision of the Greenport Water District. 3. Sign the agreement between the Village of Greenport and the subdivision for water supply. If I can be of further service, please call. r! Very truly yours, /f®r James I. Monsell G ; Superintendent of Public Utilities JIM:nr cc: Lawrence M. Tuthill do"' THIS DECLARATION made this 3rd day of April . 197 8,' by JOHN E. RATH, residing 'at-1095 Tulip Avenue, Franklin Square , -New York, 1.1010 hereinafter' called the "Declarant.. - W I T N E S S E T H - WHEREAS, the Declarant is now the owner in fee simple absolute of all of that certain parcel •of- land includ- in,g all lots ,. roads , courts, recreation areas .and. improvements thereon, situate, lying and •being• in;.the ' Town of Southold, County of. Suffolk', State of New York, as shown 'on ,a certain map. entitled, "Map of Paradise by' ' the Sound.; Town of 'Southold, Suffolk County, New York"':made by Young &. Young, licensed Land Surveyors, Riverhead, New York, and filed in the office' of the Clerk of the County of`: Suffolk on the . day ,of 1977, as Map # , and .WHEREAS, the Declarant ,intends ,to develop. the - aforesaid premises, as al.planned: community, subdividing, grant- 1 ing and conveying same or portions, thereof .to various purchasers , and WHEREAS the Declarant is desirous of subjecting the whole of said premises and; every, portion "thereof to 'certa'in conditions, covenants , restrictions , reservations , exceptions } and easements for the purpose, of promoting the general welfare of _the: residents of 'the area, protecting the 'ehvironment,' pro ducing h rmo,n.ious;-neghborhoous;, preserving property values and i I , perpetuating the aesthetic .amenities prevailing in the community, NOW THEREFORE the Declarant declares that , the aforesaid premises and' the whole and 'every portion thereof be and the same hereby are held and shall be conveye:d.' subject to the conditions, covenants , restrictions , reservations , exceptions and easements . hereinafter 'Set forth, and each and every prospective purchaser of said prem�ses or a port on, ' lot or, ;plot thereof, by the - acceptance of a deed thereto, covenants and agrees that the premises so purchased shall , be held subject to and together I with the fol owing conditions , covenants, restrictions , reser- vations , exceptions and easements; to--wit: ARTICLE .:.1� DEFINITIONS � SECITION 1, DECLARANT. The word Declarant, as used herein, is defined a� meaning JOHN E . RATH, residing -at 1095 Tulip Avenue , i Franklin Square , New York, 11010 , his. legal representatives, successors and assigns .) SECTION 2 . PREMISES. The word premises , as used herein, is defined ais meaning all that certain parcel of land including all lots , roads , courts , recreation areas and improvements there- on, situate ,; lying and being in the Town of Southold, County of Suffolk, State of New York 'as shown on a certain map entitled, "Map of Paradise by the Sound, Town of Southold, Suffolk County, i New York, " made by Young and Young, Licensed Land Surveyors , Riverhead, New York, and filed in the Office of the Clerk of the County of Suffold, State of New� York, on the day of 1977, as Map # SECTION 3. SUBDIVISION MAP. The words subdivision map as used herein, are defined as meaning Map # SECTION 4 . LOT AND PLOT. The words lot and plot as used herein, are defined as meaning the separate numbered parcels of land into which the premises has and will be divided as shown on the subdivision map. . y SECTION 5 . OWNER. The .word owner, as used herein, is defined as meaning any individual , corporation' or partnership owning any of the lots and plots as shown on the subdivision map and his heirs, legal representatives, successors and assigns. SECTION 6 . FRONT YARD. The front yard of any lot and plot shall be that portion facing the, interior subdivision roads and courts. SECTION 7. SUBSDIVISION PERIMETER. The subdivision perimter shall be that portion of the subdivision abutting land not located on the subdivision map. 3 ie 7" . t L' SECTION 8 . USAGE. Wherever necessary or appropriate, the use herein of any gender shall be deemed to include the other genders and the - use herein of ,either the singular or, the plural shall be deemed to include the other. ARTICLE II OPERATION AND EFFECT . SECTION 1 . REAL COVENANTS— All All of the conditions , covenants and restrictions created herein shall be `construed as real covenants running with the land. SECTION 2 . APPURTENANT''-EASEMENTS. All easements granted herein shall be construed ,as easements appurtenant to the premises unless otherwise expressly provided. . SECTION 3. ENFORCEMENT.. 'This declaration shall be binding upon, inure to the benefit of and be enforceable by, the Declarant, and any owner. of any lot and plot.. SECTION 4 . WAIVER. The failure to enforce any of the conditions, covenants and restrictions created herein shall not constitute a waiver or estoppel of the right to do so thereafter. SECTION 5 . DURATION. The covenants , conditions , and restrictions created herein shall continue and remain ,in full force and effect at .all times as against the owners of the lots 4 ^z and plots perpetually. SECTION 6 . DEEDS. Every - deed to a subdivision lot shall include by reference this declaration- of conditions , cove- nants , restrictions , reservati'ons,'' exceptions and easements . SECTION 7'. CONSENTS.' The consents 'and , approvals . called for pursuant .-to , this declaration , shall not. be uiireason- ably withheld by the Declarant. SECTION 8. ASS.IGNMENT. ' Th'e, -Declarant. shall .have. .ahe right and hereby reserves th,e' ,right. ,"to assign; with or without . a 'conveyance of title to an art'-'of the Y Y p premises , ' any .or .all of the rights, and powers of the Declarant,"herein .contained,., by an instrument in recordable. form, and - the assignee thereof', .'whether or not such -assignee has title , to, 'any' part "of, the premi"ses , shall have the, same rights and powers and .be ' subject to the same obligations and duties as are reserved, given and assumed by the Declarant. SECTION 9 . INVALIDATION. "° The invalidation of-'any section or portion of -this declaration by a court ,of competent jurisdiction shall not affect any of the remaining provisions hereof which shall remain in full force and effect. ARTICLE III BUILDING RESTRICTIONS SECTION 1 . SINGLE-FAMILY ;'DWELLINGS,. No structure other than a single-family dwelling, garage,' tennis '"court and%or swimming pool, and related structures ; shall, be constructed on any lot and plot. { SECTION 2 BULK_ A single, ,f.amkly dwelling.: shall": contain not .less ,than twelve ' hundred (1,200) "`square feet, and in the case of a two story 'dwe11'ing at least; eight hundred fifty (850`) square , feetli bE which must "be �on the . . first floor of. year-round yheated, fully enclosed, 'habitable , usable floor; area.,;, exclusive of.,-,.garages, basements , ,open porches, decks and attics'.' Any garage • sha11 contain At least three-hundred` (300) 'square.. ,feet .of fully enclosed area. SECTION 3 . HEIGHT., A, single,=family .dwelling. shall not exceed two and one=half, (2 1%2)• stories or": thirty (,30) feet in height; .whichever 'is less SECTION 4 .. SETBACK. No. ,part of• any 'structure or building shall be located. within, f' 'fty: (50) ;feet .of .thee front or street line- of- any,,lot. and plot, nor .within ,one .hundred (100) feet of the mean .highwater ,'ma.rk of Long Island'- ,Sound Teh lot and street lines' are those :sYiown` on -th .qubdivis on map• }. i SECTION, 5 . GENERAL -DE SIGN° ,FEATURES:: No "A Frame, trailer, modular home or "factor y,"constructed home ' may be- built or moved on to any lot and plot. Each single-family dwelling must have an attached garage . . Adj•oining 'single-family:. dwellings" 6 r ; shall have varied positions on lots -and varied roof ridge' lines, so as to avoid monotony::, SECTION 6 . LANDSCAPING.�' .The grade. on any .portion of any lot shall -not be elevateld'',,or;depressed more than .lots and plots. Upon completion of .construction,,'- ' he .entire un- . built portion of a lot. and plot_.must be .graded;; grass seeded . and shrubbed. Trees. planted, by.' ;the `Declarantalong front street lines of lots and plots shall. be' ma_intained and preserved by the owners. SECTION 7. FENCES. No fence shall- ,be constructed or placed within fifty '(50). feet ',o'f 'the ,'front :ot,.s,treet .line of any lot and plot or between the front of: -a single-family dwelling and the front or street line of any- lot, and plot, whichever is greater. SECTION 8. SIGNS. No sign of any `kind: shall' be erected, maintained or displayed . to, the public view on any portion of any lot, plot and building without written consent of the Declarant. and then only upon such conditions as the Declarant may specify. The provis_ions '.hereof, shall not, however, prohibit signs used by the Declarant. 7 SECTION 9 . UTILITY CONNECTIONS . All single-family dwellings shall be expeditiously;'connected ,to. municipaliaater and sewer mains, when available, :and_ all refunds of the Declarant' s , deposits with utility' companies . shall . be paid, to the Declarant.. All-. utility 'connections, water,, sewer, gas, electricity,, telephone and television shall be installed , , underground: SECTION 10. 'COMPLETION. "- All- construction and landscaping activities .. shall be,* completed within one. (1), year of commencement of intitial `construction. SECTION 11 . APPROVAL OF PLANS. - No ,building, fence and/or structure of any nature or description shall be erected, nor shall construction thereof be: `.commenced; nor shall any ex- terior alterations upon or additions to any building . and/or structure be'. commenced unless and 'until •all plans, specifications , building elevation, site -plans , shrub-planting plans , and other information. deemed .necessary to :determine the suitability -and appropriateness of the exterior architectural features , design, location and landscaping -of the same-have been first approved in writing by the Declarant. The" Declarant shall be furnished with a duplicate set of plans. ; to,; be approved and shall keep same permanently on file. 8 SECTION 12 . SUBDIVISION. No' lot and" plot shall ;. be further subdivided, conveyed or sold except "as a whole . ARTICLE' IV USE RESTRICTIONS SECTION 1 .; RESIDENTIAL USE. All .lots and plots shall be used strictly for private sin residential purposes only and no commercial , enterprise of.. any kind shall be maintained upon or in. connection with any :lot and plot. SECTION 2 . PROHIBITED RESIDENCE. No " trailer; .base- ment, tent, shack or ..gar shall age `be _erected, placed, main- . - tained, used or occupied on any lot for use as a temporary or permanent residence. Under no circumstances shall any single-family dwelling home be occupied by more . than four (4) people not related by blood or marriage. Under no circumstances shall the windows or doors of a single. family. dwelling house be boarded up. SECTION 3. ANIMALS . No poultry, horses , cattle, hogs , or other animals , domestic or wild, except household pests" may be kept on any lot. No coupe or menagerie shall be kept outside of a single-family dwelling' house ' in .connection with household pets without the express written permission of the Declarant. SECTION 4 . OPEN STORAGE. Garbage cans, garbage , refuse, scrap, machinery , trucks, 'pick-up;, trucks larger than 9 t. s one-half (1/2) ton; unlicensed motor vehicles , trailers , house trailers,, modular homes, tents or campers shall not be stored outside of a fully enclosed single-family dwelling except one camper less than twlever (12) feet in length may be stored in the rear yard of any dwelling but not withim. twenty (20) feet of any side or rear.-uard line .and tw hundred (200) feet from any front yatd, street line, upon written approval of .the Declarant. Clotheslines may be stored and used only in the rear yard of any dwelling. SECTION 5 MAINTENANCE. The owners 'shall paint; ' stain, maintain and/or repair the exterior of '-all single- family dwellings and agarages and cut ,down ali, lawns, weeds and brush to a level- of less than four (4) inches above grade . SECTION 6 . SUBDIVISION PERIMETER AND ACCESS. The subdivision perimeter to the depth shown and 'as marked on the subdivision map shall remain in a natural state, undisturbed except for the removal of debris , brush and dead shrub, scree- ing or trees, and the replacement of. dead shrub screening and trees, all of which shall be the responsibility of each lot owner. ARTICLE V EASEMENTS SECTION 1. INGRESS AND EGRESS. A nonexclusive ease- ment, in common with others, for 'the purpose of ingress and 10 egress over- the surface of the streets and "coirts as shown on the file map is hereby granted , to and established for every owner of every lot, and plot. SECTION 2 . OWNERSHIP. ' Title . in fee simple absolute of all, lands lying in the beds of the -streets; courts , park and recreation area, . foot path to park, and- .cteek shown' on the subdivision map is excepted and reserved to, the' Declarant: and is not conveyed or intended to be ;conveyed to any owner of any lot and plot. SECTION 3. DEDICATION. The, right to . dedicate the streets and courts shown' on the development map to any municipal authority is excepted and, reserved to the Declarant and in the event that any municipality accepts the dedication of the streets and courts , a.11' rights-of-way for ingress and egress over said streets and courts shall automatically terminate , extinguish and become null and wild. SECTION 4 . PARK AND RECREATION AREA". A nonexclusive easement, in common with others , fot:. the purposes of using the . "park and recreation areas" shown on.' the subdivision- 'map for recreation purposes solely, together with an easement for -pedes- trian ingress and egress over "Park ':and Recreation Areas" as shown on the subdivision map, is hereby granted and established for every owner of every lot and plot and up. to; a maximum of five (5) 11 4 .. ' guests personally accompanied by a lot or, plot,. bwner ' The . "park, and recreation" areas" as shown on .-the!'-subdivision map shall be used only for such. :recreation purpose and,.'.no ,structure I`shall every be constructed thereon. SECTION 5 : UTILITIES The:'Dec1`arant: .exdept`s and reserves the right to' grant to.'•.others, with ar- ..without 'a convey", ance of title to any' p'art, of the -premises,, electric, gas, water,' ' sewer, telephone, telev. s,ion and, ,other_,utility easements in1, under and over `the streets and courts,: as shown`.; on ,the subdiv ision map.' -:ARTICLE VI AMENDMENT AND:< RELEASE SECTION 1. AMENDMENTS. The_; Declarant; ' whetter or nbt owning any part' of the premises -a-rid,without the consent of any owner, mortgage or other, lienbr, shall have the right, ;and hereby reserves the right at any time to..alter,, modify; annul. or. 'release in whole or in part., ,ny.. or all o''f. :the' conditions', covenants,,':,. and restrictions set forth in this declaration,.ds to . any, lot and plot or ,the whole .premises . Any such alteration, ' modification., annulment or release shall be in'.written, recordable form signed 12 by the Declarant. IN WITNESS WHEREOF, said :Declarant ;has'..'set his -hand and seal the - day and- year first written above.. John. ;E. Rat. STATE OF F I •,A ) COUNTY � On the&- day o , 108 before me personally came-John .E. .Rath to me k� wn to be the individual described in and who 'executed the foregoing thirteen (13) page . �. instrument and acknowledged to th`at 'he executed the same,,, :No rY P'ubli c 'd01 A.RY•PUBLIC STATE OF FLORIDA AT LARGE ' MY COMM MSION EXPIRES MAY.,16 1981 F BOND-D 1HRU GENERAL INS. UNDERWRI TER QpcerS UTILITY'OFFICE TEL. Yillaye' (516)477-1748 MAYOR of �ree� optJOSEPH L. TOWNSEND,JR. : INCORPORATED 1078 - POWER PLANT TEL. NEW INOORPORATION APRIL 7,10E8 (516)477-0172 TRUSTEES RE-IRO CRPORATION UNDER GENERAL LAW MAY 2q, j.9a WILLIAM D.ALLEN ' HENRY CARLOZZIfy GEORGE W.HUBBARD WILLIAM H.LIEBLEIN -p.N G + 1 S L A N D SUPT. OF UTILITIES ��'� - •• JAMES 1. MONSELL `—" A+a...a .a•" 236 THIRD STREET GREENPORT, SUFFOLK COUNTY NEW YORK 11944 May 10, ' 1978. Mr. Frederick J. Ziems 105 Main' Street Port Jefferson Station, New York 11776 Re: Time Structures, Inc. Dear Mr. Ziems: The following items should be attended to before final approval is granted for the subdivision "Paradise-by-the-Sound" owned by John E. 'Rath. .1`. An additional fire hydrant at the -end of road I'D" to'. give adequate fire protection coverage. 2. A 1" service line to,.each. lot, with a curb stop near the property line. This installation is under the direction. ' . and supervision of the Greenport Water District. 3. Sign the agreement between the Village of Greenpor't and Time Structure s,. Inc. ' which was forwarded to you on April 14, 1977. If I can be of further service, please call. . Very truly yo s, James I. Monsell, 1 Superintendent of Public Utilities + J.IM:nr cc: Joseph L,. ,Townsend, Jr., - Mayor, William Price, Jr. Attorney / Muriel Brush - Secretary,S.T.P.B. Lawrence M. Tuthill '. Engineer: , :. final map of the' subdivision place of`beginning.Containing Legal OtICe known as "Country Club .47 604 acres, more or less. Estates" owned 'by Philip 9,00• p m-%Approval of the LEGAL NOTICE ,.__: Babcock and others;.located . final -map of the-subdivision } Notice of Hearings at Cutchogue in the Towri`:of.• known as: 'Brionngloid-by NOTICE. . IS HEREBY Southold, County of 'Suffolk:: 'the-Sea" owned by Charles GIVEN. that pursuant to and State of New, Bork`and 'Rand and '-Barry:,±Hellman, Section 276 of the Town Law, bounded and -described-'as locatedat•East,Marion.in:the • ,I public hearings will be held by follows: Town 'of.Southold, County of - the Southold Town Planning BEGINNING at a point on, Suffolk and•State of New York Board at the Town Hall,'Main the southerly line of -Main and bounded and described as Road,Southold, New York, in Road(N.Y:S. Route 25) at!the follows: said town on the 17th day of northwest .coiner -of . the BEGINNING at a point on April,`1978, on the question of premises herein described '• ' the northwesterly side of State s the following: adjoining land ofWilliam Highway'at the southeasterly 1 7:30 p.m. Approval of the Wickham on the west; from corner-.', of; the premises. preliminary map "of 'sub- ... , said point of beginning run-- hereinafter, described said COUNTY OF SUFFO division known as"Cutchogue ning thence N. 78•degrees.12' point being where the division .I LK' J Joint Ventures, Inc:".owned 10"E.along the southerly side line'between the hereinafter• STATE OF NEW YORK, ss by Jacob M. Kessler and of Main Road .156 feet.to`a• described:premises and land others, located at Cutchogue point and-land..now'or for formerly ,of Charles S,. Tgny GUSTAVON in the Town ' of Southold, merly of the Estate of Katica Stephensonnow or formerly of . . . . . . . . . . . . . . . . . . . . . being duly Sworn. County of Suffolk and State of Muzinic; thence southerly Stephenson 'Beach; Inc. -in- New York and bounded and easterly and northerly along tersects',the .northwesterly I says that . . . is Printer and Publisher of the SUFFOLK described as follows: the last mentioned,land ;the' side_of'State Highway; run; BEGINNING at a point on . following three courses •and ning•thence^S..24 degrees 35' WEEKLY TIMES, a newspaper published at Greenport, in said the northerly side of Main distances: (1) S.2 degrees 08'. 10" W:-A".feet along the Road where .the 'same is in- 20" W. 240 feet; .(2) N.•'74 nortlVwesterl'y side of. State county; and that the notice, of which the annexed is aprinted tersected by the easterly side degrees 30'30"E. 203.15 feet; Highway,y thence south- of land now or formerly of (3) N. 4 degrees 06' 20" W. westerly still along the nor- copy, has been published in the said Suffolk Weekly Times George Alec; running thence_ 226.94 feet to the southerly side.' , along said land the following of Main Road; thence easterly th Y sterly side-of State'ae ug e, once in each week, for ONE . . . . , , , weeks 'Way on the' are courses and distances: (1) N.• along the, southerly .side -of ;bearing:to the right having a is ' radius of -2259.01 feet a r 28.degrees 22'-20" W. 401.73 Main Road the following three. successively commencing on the . .SZ,X7R . . . . . . .. . . . . . . . . . }¢ feet; (2) S. 66 degrees 02' 50" courses and distances: (1) N: distance along said curve"of W 453.67' feet; (3) N. '27 75 degrees 00'40"E. 26 16 feet ��•79. feet to land now or day of . .APRIL, , , , , , , , , 19.7,$, degrees '52' 20" W. 1457.08 to a monument; (2) N�70. .: formerly of,G. T: Newman, feet; (4) N. 62 degrees 13' 30" degrees 50'60"E. 161.25 feet; , formerly'ofYoung; thence N. . . . . . . . , . . . , , , E. 555.06 feet to land.now or (3) N. 66 degrees 54' '20" E. 24 degrees 64' 30'::W. along ' ' 'T-i 'formerly of Horton; running 455.22 feet to a pipe and land- said lastmentioned land and . Sworn to befo a me tthence along said land the now or formerly of Anna T. land formerly of Danforth, ' J following courses and- Jablonski; thence southerly. now or ,formerly• of H. L. dayof _ . . . . . . 19.!.�!. J distances: (1) N. 62 degrees and -northeasterly along the Hicks, through four 53'20"E.223.31 feet; (2) S.28 last mentioned land the. monuments 926.30 feet to the , , , , degrees 11'40"E. 107.01 feet; following two courses, and ordinary high water mark of. ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' e. " (3) S:-29-degrees 25' 50". E. distances.: (1.)S.18 degrees 24' Long Island Sound; thence1465.08 feet; (4) S. 29 degrees 10" E. 358.88 feet; (2)_N. 67 northeasterly ,along the or- 41' M1 E. 291.25 feet to the degrees 47' 10" E. 75 feet to dinary high' water mark ofnortherly side of Main Road• land of Chester Jablonski• Long Island Sound on a tie lines NA -Cv ' I ASS thence running along the thence running N. 67 degrees course of N.62 degrees 59' 20" NOTARY puB1,1C,State of Now YMV- Residin(i in Sufiolit County northerly side of Main Road 39' 40" E. along land of E. a distance of 838.31 feet to ci'.:s. No. 52-6086685 the following courses and Chester Jablonski 46.18 feet to land formerly of Charles S. Commission Es irem Y=ch 30,19.` distances:.(1)S.55 degrees 28' land of M. C. Kurpiewski; Stephenson now or formerly of 50" .W. 119.01 feet; (2) 59 thence running N. 67 degrees Stephenson Beach, Inc.; - f.; 'degrees 59' 20 W. 253.88 feet 41'20" E. along land of M. C. thence S.38 degrees 10'40"E. y to the point or place of Kurpiewski 16.81 feet to.the along said last, mentioned BEGINNING: Containing westerly line of Linden land, through a monument h 30.345 acres, more or less. Avenue;' running thence 400.00 feet to the point or place " 8:00 p.m. Approval"of the southerly along the said of BEGINNING. - AND >: final, map;-,of subdivision. ;;,westerly -line,.-.-,of ;;Linden ::,,.BEGINNING at a,point`on,the ; j_ known as: `.`Paradise-by-the- Avenue two courses and southeasterly side -of, State 4 <'' Sound" owned by John E. distances as follows:­UY S. 5:. Highway'where the .division Rath , and located near degrees ,25' . 50 W. 1680.31 line between premises• i <' Gteenport •in the Town of feet;--(2) S. 0 degrees 35' 40 hereinafter -described and Southold,.,_County of Suffolk W. 10.15 feet 'to land of the premises formerly of Charles and State of'New -York`and _ North Fork Country Club, S. Stephenson, now or for- bounded. ;arid.,',described ' as Inc.; running thence S. 82 merly of Stephenson Beach, j: follows' degrees 53' 40" W: along the Inc., intersects the BEGINNING,at:a point on last mentioned land 1047.88 southeasterly side of State the northerly side"of North . feet to the center line of a Highway;running thence S.38 . Road where the same is in- ' gutter -leading to Down's: degrees 10' 40" E. along said tersected by the westerly side Creek and land of William J. last mentioned land 286.00 feet of land now or formerly of F. Baxter; thence along the to the ordinary high water C. P. Haneman formerly center line of said gutter and mark of Orient Harbor; Grace,Robinson; and from along land now or formerly of thence southwesterly along said point':of beginning run- William 'J. Baxter the the ordinary high water mark ning thence along the nor- following 29 courses and of Orient Harbor on a tie line. therly,side of North Road the distances: (1)N.0 degrees 26'' course having a bearing of S. following courses and 30" E. 74.47 feet; (2) N. 30 47 degrees 30' 50" W. a ` distances: (1)S.78 degrees 09' degrees 11' 10"'E. 82.39 feet; distance of 1077.52 feet to land 20" W. 329.44 feet; (2)'S: 75 (3) N. 67 degrees 00' 20" W. formerly of Young, now, or degrees'15' 00" W. 246.26 feet 32.23 feet; (4) S.37 degrees 41' formerly'of 'G. T. Newman; to other land now or formerly 00" W. 51.88 feet; (5) N. 80 " thence N.24 degrees 04'30"W. . r. of Sinuta; running thence - degrees 24' 30".W. 45.53 feet; along said last mentioned land along said laand N. 26 degrees (6) N. 36 degrees 46' 20" W. 39.00 feet to a monument and 56' 20" W. 240.77 feet to land 31.05feet_; (7)N.32 degrees 37' the southeasterly side of State now",or formerly of Walter, 00"'E. 110.72_feet; (8) N. 37 Highway; ' thence nor- Sledjeski; running thence .degrees 23' 209a W. 31.85 feet; theasterly along the ,,.along said land the-following (9) N. 88 degrees 51' 40" W. southeasterly side of State , courses and,distances: (1) N. 42.40 feet; (10)N.7 degrees 29' Highway' the following two 30 degrees 58' 00" W. 198.28' 00" W. 68.97-feet; (11) N. 69 courses and distances: (1) On feet; (2) S. 66 degrees 00' 30" degrees 04' 50" E. 24.55 feet; a curve to the left having.a W. 389.47 feet to land now or (12) N. 37 degrees 58' 30" E. radius of 2325.01 feet a formerly of Harrower; run- 26.44 feet; (13)N.5 degrees 11' distance along said curve of I ning thence along said land 10" W. 28.46 feet; (14) N. 14 958.11'feet; (2) N._24 degrees and along land of other owners degrees 23'40"E. 122.47,feet; 35' 10" E. 166.29 feet to the the following two,courses and (15) N. 3 degrees ,31' 00" E. point or place of BEGIN- distances:,(1) N. 27 degrees 192.18 feet; (16) N:64 degrees NING. Containing 18.2 acres, 47'30."W.548.67 feet; (2) N.27 26'30"W..26.51-feet; (17) N.3 more or less. degrees 33'20"W. 1306.69 feet degrees 36' 20" W. 93.42 feet; Any person desiring to be to Long Island.Sound; running (18) N. 0 degrees 20' 30" E. heard on the above matters thence along the same' the 149:20 feet; (19) N. 14 degrees should appear at the time and following courses and 14' 20" E. 137.89 feet;' (20) N. place above specified." distances: (1) N. 60 degrees 16 degrees 40' 00" E. 64.33 Dated: March 31, 1978 32'20"E.356.27 feet; (2) N. 58 feet; (21) N. 0 degrees 28' 40" BY'ORDER OF degrees 10'_00"E.386.00 feet; W. 31.91 feet; (22) N. 38 THE SOUTHOLD TOWN' (3) N. 66 degrees 10' 00" E. degrees 26' 30"-E. 82.01 feet; PLANNING BOARD 342.00 feet; (4) N. 79 degrees (23)-N. 33 degrees.40' 50" W. JOHNWICKHAM, 13' 30" E. 357.33,feet to said 86.84 feet; (24) N. 15 degrees CHAIRMAN land now or formerly of F. C. 03' 40"E.'58.93 feet; (25) N. 0 1TA6-2952 P. Haneman; running thence degrees 15''50" W. 69.14 feet; - along said land the following (26) N.16 degrees 57' 309' E. courses and.distances: (1) S.. 40.01 feet; (27) N. 28 degrees 21 degrees 34' 40" E. 416.0 48' 20" E. 105 feet; (28) N. 24 feet; (2) S. 21 degrees 05' 30'.' degrees 53' 00" E. 17.05 feet; E. 982.87 feet; (3) S. 76 (29) N.'1 degrees 54' 10" W. degrees 30'30" W. 376.40 feet; 38.99,feet to land of..William (4) S. 30 degrees 16' 30" E. Wickham; thence .along:said 1085.53 feet to the northerly land -two courses and J; side ,of North Road, at the distances`as follows: (1)N.74 . point ,or 'place 'of BEGIN degrees 09' 10" E. 48.55 feet;. p NING. Containing 60.4 acres, (2) N. 2 degrees 08' 20" E., ` more<or less. 143.81 feet tothe southerly side , j 8 30: p m Approval of the of Main Road, the point or .A LEGAL NOTICE Notice of Hearings 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 17th day of April, 1978, on the. question of the following: 7:30 p.m. Approval of the preliminary map of subdivision known as "Cutchogue Joint Ventures, Inc. " owned by Jacob M. Kessler and others, located at Cutchogue in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows BEGINNING at a point on the northerly side of Main Road where the same is intersected by the easterly side of land now or formerly of George 'Alec; running thence along said -land the following courses and distances: (1) N. 280 221 2011 W. 401.73 feet; (2) S. 66° 02 ' 50" W. 453.67 feet; (3) N. 270 52' 2011 W. 1457.08 feet; (4) N. 620 13' 3011 E. 555.06 feet to land now or formerly of Horton; running thence along said land the following courses and distances: (1) N. 620 53' 2011 E. 223.31 feet; (2) S. 280 11' 4011 E. 107.01 feet; (3) S. 290 251 .5011 E. 1465.08 feet; (4) 'S. 290 411 2011 E. 291.25 feet to the northerly side of Main Road; thence running along the northerly side of Main Road the following courses and distances: (1) S. 550 28' 50" W> 119.01 feet; (2) S. 590 59' 20t1 W. 253.88 feet to the point or place of BEGINNING. Containing 30.345 acres, more or less. 8:00 p.m. Approval of the final map of subdivision known as "Paradise-by=the-Sound" owned by John E. Rath and located near Greenport in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a point on the northerly side of North Road where the same is intersected by the westerly side of land now or formerly of F. C.. P. Haneman, formerly Grace Robinson; and from said point of beginning running thence along the northerly side of North Road the following courses and distances : (1) S. .781 091 2011 W. 329.44 feet; (2) S. 750 15 ' 0011 W. 246.26 feet to other land now or formerly of Sinuta; running thence along said land N. 260 56' 2011 W. 240.77 feet to land now or formerly of Walter Sledjeski; Legal Notice -2- March 31, 1978 running thence along .said land the following courses and distances: (1) N. 300 58' 00" W. 198.28 feet; (2) S. 660 00' 30" W. 389.47 feet to land now or formerly of Harrower; running thence along said land and along land of other owners the following two courses and distances: (1) N. 27o 47' 30" W. 548.67 feet; (2) N. 270 33' 2011 .. W. 1306.69 feet to Long Island Sound; running thence along the same the following courses and distances: (1) N. 600 32' 20" E. 356.27 feet; (2) 'N. 580 10' 00" E. 386..00 feet; (3) N. 66° 10' 00" E. 342.00 feet; (4) N. 790 13' 30" E. 357.33 feet to said land now or formerly of F. C. P. Haneman; running thence along said land the following courses and distances : (1) S. 210 34'. .40" E. 410.0 feet; (2) S. 210 05 '. 3011 E. 982.87 feet; (3) S. 760 30' 30" W. 376.40 feet; (4) S. 300 16' 30'1 E. 1085.53 feet to the northerly side of North Road, at the point or place of BEGINNING. Containing 60.4 acres , more or less. 8:30 p.m. Approval of the final map of the subdivision known as "Country Club Estates" owned by Philip Babcock and others, located at Cutchogue in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a point on the southerly line of Main Road (N.Y.S. Route 25) at the northwest corner of the premises herein described adjoining land of William Wickham on the west; from said point of beginning running thence N. 78' 12' 10" E. along the southerly side of Main Road 150 feet to a point and land now or .formerly of 'the Estate of Katica Muzinic; thence southerly easterly and northerly along the last mentioned land the following three courses and .distances: (1) S.. 20 08' 20" W. . 240 feet; (2) N. 740 30' 30" E. -203.15 feet; (3) N. 4°�`06' 2011 .W. 226.94 feet to the southerly side of Main Road; thence easterly along the southerly side of Main Road the following three courses and distances: (1) N. 750 09' 4G" E. 26.16 feet to a monument; (2) N. 700 50' 00" E. 161.25 feet; (3) N. 660 54' 20" E 455.22 feet to a pipe and land now or formerly of Anna T. Jablonski; thence southerly and northeasterly along the last mentioned land the following two courses and distances : (1) S. 180 24' 10" E. 358.88 feet; (2) N. 670 47' 10" E. 75 feet to land of Chester Jablonski; thence running N. 670 39' 40" E. along land of Chester Jablonski 46.18 feet to land of M. C. Kurpiewski; thence running N. 670 41' 20" E. along land of M. C. Kurpiewski 16.81 feet to the westerly line of Linden Legal. Notice -3- March 31, 1978 Avenue; running thence southerly along the said westerly line of Linden Avenue two courses and distances as follows: (l) S. 50 251 . 50" W. 1680. 31 feet; (2) S. 00 35 ' 40" W. 10.15 feet to land of the North Fork Country Club, Inc. ; running thence S. 82Q 531 .40" W. along the last mentioned land 1047.88 feet to the center line of a gutter leading to Down' s Creek and land of William J. Baxter; thence along the center line of said gutter and along land .now or -formerly of William J. Baxter the following 29 courses and distances: (1) N. 00 26' 30" E. 74.47 feet; (2) N. 30' 11' 10" E. 82.39 feet; (3) N. 670 00' 20!' W. 32.23 feet; (4) S. 37° 41, 00" W. 51.88 feet; (5) N. 800 24' 30" W. 45.53 feet; (6) N. 360 46' 20" W. 31.05 feet; ' (7) N. 320 37' 00" E. 110.72 feet; (8) N. 370 .23' 20" W. 31.85 feet; (9) N. 880 51' 40" W. 42.40 feet; (10) N. 70 291 00" W. 68.97 feet; (11) N. 690 04' 50" E. 24.55 feet; (12) N. 370 581 30" E. 26.44 feet; (13) N. 50 11' 10" W. 28.46 feet; (14) N. 140 23' 40". E. 122.47 feet; (15) N. 30. 31' 00" E. 192.18 feet; (16) N. 640 26' 30"' W. 26.51 feet; (17) N. 30 36' 20" W. 93.L}2 feet; (18) N. 00 20' 30" E. 149.20 feet; (19) N. 140 14' 20" E. 137.89 feet; (20) N. 16° 40' 00" E. 64.33 feet; (21) N. 00 28, 40" W. 31.91 feet; (22) N. 380 26' 30" . E. 82.01 feet; (23) N. 330 40' 50" W. 86.84 feet; (24) N. 150 03' 40" E. 58.93 feet; (25) N. 00 15' 50" W. 69.14 feet; (26) N. 16' 57' 30" E. 40.01 feet; (27) N. 28° 481. 20" E. 105 feet; (28) N. 240 53`00" E. '17.05 feet; (29) N. 10 54' 10" W. 38.99 feet to land of William Wickham; thence along said land two courses and distances as follows: (1) N. 740 09' 10" E. - 48'.55 feet;. (2) N. 20 08' 20" E. 143.81 feet to the southerly side of Main Road, the point or place of beginning. Containing 47.604 acres, more or less. .9:00 p.m. Approval of the final map of the subdivision known as "Brionngloid-by-the-Sea" owned by Charles Rand and Barry Hellman, located at East Marion in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a point on the northwesterly side 'of State High- way at the southeasterly corner of. the premises hereinafter described, said point being where the division line between the hereinafter described premises and land formerly of Charles S. Stephenson now or formerly of Stephenson Beach, Inc. intersects the northwesterly side of State Highway; running thence S. 240 35 ' 10" W. 200.26 feet along the northwesterly side of State Highway; thence south- Legal Notice -4- March 31, 1978 westerly still along the northwesterly side of State Highway on the arc of a curve bearing to the right having a radius .of 2259.01 feet a distance along said curve of 909.79 feet to land now. or formerly of G. T. Newman, formerly of Young; thence N. 240 04' 30" W. along said last mentioned land and land formerly of. Danforth, now or formerly of H. L. Hicks, through four monuments 926.30 feet to the ordinary high water mark of Long Island . Sound; thence northeasterly along the ordinary high water mark' of Long .Island Sound on a tie line course of N. 620 59' 2011 E. a distance of 838.31 feet to land formerly. of Charles S. Stephenson now or . formerly of Stephenson Beach, Inc. ; thence S. 381 10' 4011 E. along said last mentioned land, through a monument 400.00 feet to the point or place of BEGINNING. AND BEGINNING at a point on ,the 'south- easterly side of State Highway where the division line between premises hereinafter described and premises formerly .-of Charles S. Stephenson, now or formerly of Stephenson Beach, Inc.,' -inter.sects the southeasterly side of State Highway; running thence S. 380 10' 40" E. along said last mentioned land 286.00 feet to. the Ordinary high water mark of Orient Harbor; thence southwesterly along the ordinary high water mark of Orient Harbor on. a tie line course having a bearing of S. 470. 30' 50" W. a distance of '1077.52 feet to land formerly of Young, now or formerly of G. T. Newman; thence N. 240 04' 30" W. along said last. mentioned land.39.00 feet to a monument and the southeasterly side of State Highway; thence northeasterly along the southeasterly side of .State Highway the following two courses and distances: (1) On a curve to .the left having a radius of 2.325.01 feet a distance along said curve of 958.11 feet; (2) N. 240 35 ' 10" E. 166.29 feet to the point or place of BEGINNING. Containing 18.2 acres, more or .less. Any person desiring to be heard on the above matters should appear at the time and place above specified. Dated: March 31, 1978 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD JOHN WICKHAM, CHAIRMAN PLEASE PUBLISH ONCE, APRIL 6, 1978, AND FORWARD FOUR (4) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Legal Notice - 5- r March 31., .1.978 Copies mailed to the following .on March 31, 1978: The 'Long Island Traveler-Watchman The Suffolk Times Richard Cron, Esq. Frederick Ziems, Esq. Gary Flanner Olsen, Esq. William B. Smith Supervisor Albert M. Martocchia s March < Frederick. J.' ZYems,`.•Esq:. } "105 Main Streets Port Jeffers n Station, New-York,,. 11776, 'no ar ,Mr..:-Ziems: {• �� iE I ,enclose furthor recommendations of 'Lawrence' M. Tuthill :which .were previously sent to.`you'. After meeting.':- 4. with Mr: Rath ,and M�'. Young; th g determinationse. :forlowin } , Were made. regard,._to ahis item; " 'a letter'•will be.- requested�'-from the.Pill t age. of .Greenpor. I . d s lete2 : till,-be'. - . :-re,ques,t`ed_:from the .Village:; of. Greenport. .. opy. "of let ter. enclosed) 3. Mr... Raynor wilh'discuss :the` spacing of'the-man holes ,With' the. Supt. :.,of Highways. Comment 1. :This itemF regarding th width.',of`.:lots' 44 and 45 is waived. Comment'..2.. This :stem. regarding-..park :.and...playground ' =area ;is-,,waived. ,. . ' Comment 3'. Mr'. Wickham:,will explore with '•th'e .Town Attorney. the fact that :there is 'only,,.,one.,, entrance:;to this 'subdivision. :Yours: truly, Muriel Brush, Secretary:, Southold Town Planning: Board ­' Copy, to, Roger: Rath Howard. Young ; li March.'30, 1978 Mr. James I. Monsell Supt. of Utilities Village of Greenport Greenport, New, York 11944 I� Dear Mr. Monsells' Mr. Lawrence M. Tuthill, Town Engineer, has indicated to this Board that .he has met with you and you requ1ne the following for '-the subdivision "Paradise-by-the-Sound". owned by John E. Rath. 1. That an additional hydrant be placed at the end of road "D" . , 2. That there be a.'l inch 'service line from the water main -to- each lot. - �II We would appreciate it if you would adfise this ' Board and Mr. Rath in writing of, these requirements of I the Village of Greenport. Yours truly, Muriel Brush, Secretary Southold Town Planning Board Copy to L. M.- Tuthill Roger Rath YOUNG 0& YOUNG 400 OSTRsANDER AVENUE RIVERHEsAD, NEW YORK I19o7 516-727-2303 ALDEN W.YOUNG HOWARD W.YOUNG Pcofessionat Engineer 4F Land. Surveyor Land Sucveyoc March 22, 1978 Planning Board Town of Southold Southold, New York 11971 Attention: Mrs. Brush Re : "Paradise by °the Sound" Greenport, New York Gentlemen: At the direction of Mr. Roger Rath, we are transmitting herewith seven (7) prints of the above captioned subdivision. Very truly yours, / Howard W. Young i HWY:kbf enc. cc: Mr. Rath + print LAWRENCE M. T14THILL PROFESSIONAL ENGINEER INLET LANE EXT. GREENPORT, N.Y. 11944 GREENPORT 7-1652 March 142 1978 To: Mr. ?Raymond C. Dean, Supt. of Highways, Southold To m Ref: Subdivsion entitled I'Times Structures, Inc. Pa commenlations 1. That an additional hydrant be place at the end of road t'D". 2. That there be a 111 service line from the water main to each. lot. 3. That the spacing of the manholes be not more 2001 apart b omments 1. That lots Nos. 44 and 1 5 do not have a width of 1501 at the building line. 2. That the park and playground areas do not total 2.5 acres. 3• That there is only one entrance to this subdivision. FREDERICK J_ ZIEMS ATTORNEY AT LAW AREA CODE 516 473-5 t O O February 13, 1978 Southold Planning Board Town of Southold Southold, NY 11971 ATTENTION: Muriel Brush In re: Time Structures Inc. Dear Mrs. Brush: As mentioned in the last meeting of the Board last Monday evening, I am enclosing herewith a deed of conveyance in which the captioned property was transferred to John E. Rath. Please mark your file accordingly, "all .further maps rela- tive to this subdivision will refer :to John E. Rath as the owner" . Very truly yours , 11 ' V • FREDERICR J. ZIE _ FJZ/ enc. f\�� YOUNG 0& YOUNG 400 OSTRANDER AVENUE RIVERHEAD, NEW YORK I19o7 516-727-2303 ALDEN W.YOUNG HOWARD W.YOUNG Professional Engineer 4F Land Sucveyoc Land. Sutveyoc January 24, 1978 Planning Board Town of Southold Southold, New York 11971 Attention: Mrs. Muriel Brush Dear Mrs. Brush: Atlthe direction of Mr. Roger Rath, we are transmitting herewith twelve (12) sets of Preliminary Subdivision Map "Paradise by the Sound" for Time Structures, Inc. at Greenport, Town of Southold, New York. Very truly yours, /1 Ho ward W. Young HWY:kbf enc. COMMISSION Seth A. Hubbard Ica Chairman �b Lee E. Koppelman Director of Planning Suffolk County Department of Planning JOHN V.N. KLEIN, County Executive Veterans Memorial Highway Hauppauge, L. I., N. Y. 724-2500 November 8, 1977 D144W to/ZG IT"1 Mr. John Wickham, Chairman Town of Southold Planning Board Main Road Southold, N. Y. 11971 Re: Preliminary Map of Time Structures, Inc. NIS of Main Road, N. Y. S. Rte. 25, opposite Bailey Avenue, Greenport, N. Y. Dear Mr. Wickham: Mr. Rath and Mr. Ziems stopped by at this office yesterday, October 25, 1977, to discuss their proposed subdivision. Their specific concern is the 100 feet set- back requirement along the Sound and the impact that the setback will have in siting the houses on the shore front lots. They had with them a topo map of the bluff that was prepared by Lockwood, Kessler & Bartlett, Inc. , from 1955 aerial photographs and three letters: I) Lockwood, Kessler & Bartlett, Inc. , dated .February 8, 1977; 2) Young and Young., dated June 27, 1977; 3) Frederick J. Ziems, dated July 18, 1977. It is their opinion that this material.substantiates their contention that the setback-require- ment should be relaxed and, therefore, this material should be considered by the Commission. While I requested that copies of this material be left with me for information purposes, this material will not be considered as part of the official file of the Commission unless your Planning Board indicates that it should be. This is in accordance with Commission policy that no materials concerning any subdivision will be accepted from any subdivider or their agents for consideration by the Commission in its review unless it is authorized for acceptance by the local referring agency. It was pointed out to both gentleman that if they f elt that they had valid infor- mation concerning the stability of the shoreline along their property that they wanted the Commission to consider that they submit it to the Town Planning Board with a request that it forward the material to the Commission.egYou are being to John Wickham, irman Preliminary Mal Time Structures, Inc. page 2 1­,­,,­--*,­,­, ,- ­ 0 1 informed of this visit in accordance with Commission policy that when any sub- divider or his agent discusses his subdivision with the staff and that discussion includes materials that have not been included in any correspondance from the local planning agency that the local planning agency be so notified. Very truly yours, Lee E. Koppelman Director of Planning by V1U Charles G. Lind Chief Planner Subdivision Review Section CGL:dac File: 1333-SR-76-32 cc: Mr. Frederick J. Ziems 105 Main Street Port Jefferson Station, N. Y. 11776 i COMMISSION Seth A. Hubbard Chairman ,p Lee E. Koppelman e� Director of Planning Suffolk County, Department ®f Planning JOHN V.N.KLEIN, County Executive Veterans Memorial Highway Hauppauge, L. I., N. Y. 979-2921 October 4, 1977 Mr. John Wickham, Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 Re: Preliminary Map of Time Structures, Inc. N/s of Main Road, N.Y.S. Rte. 25 opposite Bailey Avenue, Greenport, N.Y. Dear Mr. Wickham: The Suffolk County Planning Commission adopted its policy requiring a 100 foot setback from the top edge of a bluff several years ago. Since it adopted this re- quirement it has been adamant that it be adhered to. The only time that it will consider any relaxation of this requirement is .when evidence that the setback .is not necessary or should be modified is provided by an expert, such as a coastal engineer. Findings of the expert must prove without a doubt that. the erosion rate along the section of 'shoreline on-which the subdivision fronts is less than two feet (2') per year over a fifty. (50) year period. The 100 foot requirement has been considered as minimal for protection of buildings along the bluffs. Severe storms have torn out several feet of shoreline along the north shore on a single occasion pointing up to the necessity of this requirement. According to our records only staff comments were made on .the proposed map (preliminary map) . These comments are advisory only and do not constitute a re- view by the Commission. The purpose of the comments is to assist those concerned with the subdivision to become aware of the Commission's requirements while the sub- division is still in the preliminary design stage. It is beyond. the authority of the staff to make any modifications in the Commission's requirements and policies. The staff had discussed the Commission's requirements with Mr. Rath and Mr. Zames on March 14, 1977, when they came into this office. At that time Mr. Rath and Mr. Zames were informed that if they felt that site conditions did not warrant the 100 foot setback that they had to prove why the setback was not necessary. All material proving their position was .to be submitted to the Town Planning Board for consideration with a request that it be included in the referral materials accompany- ing the Final Map. When the Commission reviews the final map it would take those Mr. John Wickham - 2 - October 4, 1977 -------------------------------------------------------------------------------- materials pertaining to the modification of the setback requirement under consider- ation. Very truly yours, Lee. E. Koppelman Director of Planning by V- Gl Charles G. Lind, Chief Planner Subdivision Review Section CGL:jk File: 1333-SR-76-32 Sep tcmber9' • 197 ryc 3 r .Frederick J. Ziems, Esa.. 105 .Main" Street Port Jefferson, New York. 11776 ; D6&r Mr. Z iems The fa-l"!m-.1mrt� ctlbn wars ta)hen• by the. Southold Tovm, -1, .nning Board at .€( red* lar meeti.n� held September 19, 197.7. P�ESc�LV D'.that at' the- request of :the •developer �'of Paradise-by= the-Sound..the Suffolk County. Department of. Planning .be ,asked. to ; re-review, the of, th e 100 f Got . setback fro in th.e bluff`. fog° .tihys sul�dLi ri�ion. The recommendation of -the • South.old Tot:7! P ar'lning Board is to' keep the 100 'foot setback which. has re�eh the usual procedure with<subdivis ions -on the: sound: I have forwarded this resolution to the •Suff' olk County •Depart- vent, of rlahning', this`. days I have also forwarded the drainage calculations as .prepq.red b Lawrence M. Tuthill to Yoian� & Yox:g` or tiro r review: The . Planning Board. 'had reques-ted an 'explanation of`:the _calculations before foie-„rarding. them to Young & Young'., but,,Mr. Tuthill said an exi)lanation'� is' not necessary,; Yours'truly, : . .'. Muriel Brush, " Secretary, Sou uhc. d- To n Planning_ Board Sep vedber 28', 1977 Mr. Howard Young,:, P. E. 400 ustrand.er .Avenue Riverhead., New York 11901' , Bear, ?Ir. Young: 1 am enclosing. the draihage calcul�.tions of .EaIrmencc M. Tuthill -for the. Paradise-by-the-Sound sL'bd.ivision. The Planning board had requested an. explanation. of -•the calculations --and Mr.. Tuthill informs me, that, no explanation is 'necessary that .You will:, un, er.st.and•, it.... . . . . 'Yours truly, ;-Muriel Brush, Secretary . ,,Southold Town' tai nriAng ..Board . Enclosure ' - Ali : Sepcirr�cr° 28. 1rr7 Mr, . Charles Lind, Chief Planner. . Surf`'&l-k- County Dept. of Pl tnih Veterans Memorial" Highway Hauppauge`, New Fork 11787 Re:- - Preliminary` Map_,of ,Time Structue' es, Iar , 'N/s' of MQ1.0 �t,.oad, P$.Y.S.� Rte.: °opposite Bailey A:,,renue, Green- _ bort, New. Fork : De ar NLr. Lind. , The following action was .taken by the Sozithol d Town •P.le6ning Bostd at a regukt r meeting'held. September 19, : 19.77. .. RESOLVED that at the request .of tre c?eve.loner of --,Pars6i.se' -by- the-SoLlmd (Time ,St?r.ctures, ' Inc_. ) ,. , th.e'Suf olk ._County Seps.rtr�ent of -Planning be.,asked to re'=review the. requirement;' of, the 100 .coot i setback: from '-the bluff for tYi s,'":sub"division. ' - The 'recommendation of the Southal c1 Town •Planning Beard.. is to ,keep the 100 foot set;-• back which'-;has been the.usual procedure wl h subdivisions on- the sound. Your s' truly, „ Muriel Brush,. Secretary - Southold.:Town_ Planning Board. LAWRENCE M. TUTHILL PROFESSIONAL ENGINEER INLET LANE EXT. GREENPORT, N.Y. 11944 GREENPORT 7-1652 ' Auguat 213 1977 Mr. John Y3ickham, Chairmen, Southold ToV.Tn Planning Board Main Street Southold, lid Re: Subdivision entitled Times Stracture Dear Mr. Ntckham I recommend that there Ise no changre or reduction of requirement of a 1001 set back from the lots adjacent to Dons Tasland Sound. This particular area issubject to the same amount of eresian as other Sstind properties. Darin% the hurricane of 1944 these '6ankss were undermined 4he eaten-1 that net vegatian was left on the side facing the sound. To the -Test 9fggthis3 su'adivision alnslat 300 yasls i* a huge square rock lz,.fh�a'� well alsave the high tide mark in the 301 s and is io nsaw near the low tide area. The existing cliffs of the suWivisien are still Very steep and show signs of sliding in several areas. I see no reason to believe that this erosian will list contineue in the future. Sincerely Fours, SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Southold, N. Y. August 10, 1977 Southold Town Planning Board Southold, N.Y. 11952 Members of the Board; After- an inspection 'of the sites in question on Aug. 6 and a meeting on Aug. 10, the following are our recommendations. Folly Beach limited and Peter Kreh 1. We agree with the ' 5 points raised by the Suffolk County Planning Commission. 2. The developers should resubmit a common development plan with one efficient right-of-way and turn-around. 3. Lot # 2. is inadequate because of erosion that has taken place and will continue to take place. It also will not- meet the 100 ft. setback for eesspools. 4. Both sites may be inadequate for a. leeching field because of their proximity to the creek and bay and the underlying marsh composition of the soil. James Bitses, Bayview Ave. 1. The submitted map is accurate and correct. 2. Before approval, soil and water tests should be done with the number of dwellings based in .part on this information.. 3. We question whether the proposed road layout and . turn-around are in the best interest of the community. Should the turn-around provide access to the water? P?radise by the Sound, Greenport 1. An independent review of the 100 ft. setback should be done by the town engineer. 2. Whatever the setback, property grading and landscaping will directly influence erosion in the future.. Sincerely, Frank A. Kujawski Jr. Chairman C.A.C. 765-1938 July 27, 1977 Mr. Frank A'. Ku�awski, Jr. Marratooka 'load Mattituck, New York '11952 Dear Frank: I am 'enclosing a', letter . from Frederick Ziems, Esq. regarding- the su1bdivision Paradise-by-the-Sound 'in Greennort. I enclose a location map for you. If you think your group could be helpful in tlAa matter, we �dould appreciate your advice. . Yours truly, . Muriel Brush, t Secreary Southold Town Planning; Board Enclosures 2 1 765--19�8 July 27, 1977 Mr. Lawrence-M. Tuthill Inlet Lane Extension 0reenport, :1?ew York 11944 . Re: Paradise-by-the-Souaad Rath Tear Larry: The Planning Board requested at the last regular meeting that I contact you and request a letter "explaining your calculations on drainage for the above-c' aption'ed subdivision. In the minutes of the meeting of July '18, 1977, you will note that the developers are attempting to have a lesser setback from the Sound' than 100 feet. , The Planning Board by resolution decided not to resubmit to the County at this time. They would appreciate your recommendations"- on the setback fr®n the bluff. Yours truly, Muriel Brush, Secretary Southold Town Planning Board tl 765-3938 . 19,77 `Frederick J. 'Ziems, •Esq. '. 105. Main Street. ..port Jefferson. Station,` New..York 11776 u: The followtin `action, was taken. b the -Southola•:TownPlanning t g y .'. Board at a -regular meeting•,hel'd' Jul'y.. ,18; 1.977. , RESOY�VED to not :resenid the. maps'of the .subdivi-sjain` Paradise the Sound,to' ihe,.Suffolk. County Planning `Department for rev .ew. of the: 100 foot' setback requirement from the Sound- at-.this ctime... I have eoday:, requested recommendations from Lawrence Tuthill, .T.own Engineer,:,rand."the'� Southold Tow' Conservation Advisory Counci'l.` • When I "have received:-their- r6commendations, I will -forward same, to you.,a� Yours truly . : `Muriel Brush, Secretary Southold Town .Plann�in�.:Board. • , i JUL 1977 FREDERICK J. ZIEMS ATTORNEY AT LAW AREA CODE 516 473-2000 July 18, 1977 Southold Town Planning Board Town Hall Southold, New York 11971 In re: Proposed Sub-division "Paradise by the Sound" Greenport, New York Gentlemen: Enclosed herewith please find copy of a letter from Lockwood, Kessler & Bartlett, Inc. , stating that it is their professional opinion that there has been little or no erosion along the bluff on the proposed captioned Sub-division along Long Island Sound. I am also enclosing a copy of a letter from Young & Young signed by Alden W. Young, Professional Engineer, stating it is his prof- essional opinion that there has been little or no erosion along the bluff in the past fifty years . I also respectfully refer you to Technical Report Series #18 entitled "Erosion of the North Shore of Long Island" prepared by the Marine Sciences Research Center, State University of New York, Stony Brook, New York, and supported by the Nassau-Suffolk Regional Planning Board and the New York State Sea Grant Program which based on records and data _-compiled since 1843 which has been generally accepted and has in fact been relied upon by the Suffolk County Planning Commission in making recommendations with regard to approval of sub-divisions along the North Shore of Long Island concludes that in the area of the captioned sub-division over the past eighty year period from 1885 to 1965 there has been a net average acretion and further states that vegetation on the bluffs retards erosion and that the bluffs along the North Sl-nre can only erode or remain stable and that sedi- ment derived from eroding bluffs is deposited on the beach result- ing in acretion of the berm and no change in the position of the high water shore line. A physical inspection of the site of the proposed sub-division will disclose the vast amount of vegetation on the bluff in com- parison to much of the balance of the bluff on Long Island,',North Shore as verified by Mr. Young's letter. Based on opinions of both professional engineers and the above mentioned stated by the Marine Sciences Research Centers it is respectfully requested that this Board formerly request a waiver of the Suffolk County Planning Commission's recommended 100 foot setback requirement since the conclusions drawn including a phy- sical inspection of the site by the undersigned would seem to FREDERICK J. ZIEMS July 18, 1977 ATTORNEY AT LAW To: Southold Town Planning Board Re: "Paradise by the Sound" establish that only a minimal setback from the bluff should be reqired and I would be willing to meet with a representative of this Board and a member of the staff of the Suffolk County .Planning Commission on the site to determine a mutually accept- able setback considering the nature of this particular site. Very truly yours, FRE F �ICKJ. Z EMS FJZ/m I 4 LOCKWOOD , KESSLER & BARTLETT , INC . CONSULTING ENGINEERS �I ONE AERIAL WAY, SYO'S•SE-, NEW YORK 11791 (516) 439-0600 February 8, 1977 LKB 7012 1� Mr. Frederick Z iems 105 Mai n Street I� Fort Jefferson Station, P�lew fork 11776 { I Dear Mr. Ziems: 1 7� For your information, vve have compiled the bluff area in the vicinity of Stirling, Long Island, from aerial photography flow in 1955 and again f from 1974 photographs. The area was compiled utilizing first order stereoplotting instruments at a scale of 1" = 200', showing 5' contours. { If It is our professicnal ooinion that there has been little or no erosion along the bluff between 1955 and 1974. �y Very truly yours, " LOCKWOOD, KE SSLER & BARTLETT, IINC. H J nson to R presentative 'HE J:iz ,3 l YOUNG YOUNG 400 08TRANDER AVENUE RIVERHEAD, NEW YORK rigor 516-7$7-2303 iALDtN W.YOUNG HOWARD W.YOUNG Professional Engirwer 4F land Su",u Land Surveyor June 27, 1977 Re: Proposed Realty Subdivision "Paradise by the Sound" Greenport, New York To Whom It May Concern: It is our opinion that the bluff or cliff shown on the above captioned realty subdivision has had little, if any, erosion in the past fifty years. Our opinion is based on the amount of vegetation growing on the slope from the beach to the top of bluff. Also during our field survey we found a granite monument on the westerly property line approximately 25-30 feet south of the top of the existing bluff. It has been the general practice of surveyors when making surveys on the sound shore to place monuments as close to the top of bluff as they feel practical. Granite monuments have not been-.in general use since approxi- mately 1920 at which time most surveyors resorted to the use of concrete monuments. We feel had there been any considerable erosion in the past fifty years the top of bluff would be much closer to the granite monument or the granite monument would no longer exist. As shown on our preliminary subdivision map, the topography indicates that the land slopes southerly from the top of bluff and therefore the construction of new homes on lots adjacent to the bluff would not cause erosion to the bluff by the increase of storm water run off, the proposed houses, driveways, lawns, etc. We feel in this particular case that the required setback of 100 feet from the top of the bluff to any construc- tion is unreasonable and arbitrary. Very truly yours, AZ Alden Y g YOUNG YOUNG �I 400 OSTRANDER AVENUE �f ? RIVERHEAD, NEW YORK inoi 1 516-72743 3 AL.DEN W.YOUNG HOWARD W.YOUNG i Pvo{eeaional Enginaac 916 Land Sucveyoe [and Suaawyoe �! June 27, 1977E Re: Proposed Realty Subdivision "Paradise by the Sound" ` Greenport, New York I ,11 To Whom It May Concern: It is our opinion that the bluff or cliff shown on the above captioned realty subdivision has had little, if any, erosion in the past fifty years. - , Our opinion is based on the amount of vegetation growing on the slope from the beach to .the top of bluff. Also a during our field survey we found a granite monument on the westerly property line approximately 25-30 feet south of the top of the existing bluff. It. has been the general practice e4l of surveyors when making surveys on the sound shore to place monuments as close to the top of bluff as they feel practical. Granite monuments have not been in general use since approxi- mately 1920 at which time most surveyors resorted to the use of concrete monuments. We feel had there been any considerable erosion in the past fifty years the top of bluff would be much closer to the granite monument or •the granite monument would no longer exist. S� As shown on our preliminary subdivision map, the topography indicates that the land slopes southerly from the top of bluff and therefore - the construction of new homes on lots adjacent to the bluff would not cause erosion to the bluff by the increase of storm water run off, the proposed houses, driveways, lawns, etc. y We feel in this particular case that the required setback of 100 feet from the top of the bluff to any .construe- tion is unreasonable and arbitrary. Very truly yours, Alden g LAWRENCE M. TUTHILL PROFESSIONAL ENGINEER - - INLET LANE EXT. - GREENPORT. N.Y. 11944 GREENPORT 7-1652 ' ee� ;J ,L .w� /'�1 fW- �G�'FS �rC► ¢r �'y� � �p .v t jp r !/ fir yy w �i ..6«d • ` � �E f` �A t t Sa Gard; a 0 ea v (f 6 r � LAWRENCE M. TUTHILL >'F PROFESSIONAL EN GIN EER INLET LANE EXT. GREENPORT, N.Y. 11944 �•r ) ._F OREENPORT 7"1652 . � ems„ c.r'�%� .� • O �� �'t , `� � � S ' ... jo f o%J ¢�I . . .,� � co Af its car fil ` f9' �p � fr� • �Y� *� fast ._,.��-..__ .��.� j LAWRENCE M. TUTHILL PROFESSIONAL ENGINEER INLET LANE EXT. GREENPORT, N.Y. 11944 GREENPORT 7-16SZ Ji.me 20, 1977 Mr. John 'T;,7i ckh am Chairman, Southold Town PlAnning Bm rd Southold, 11Y Be: Subdivision entitled tc Time Structures Greenport Gentlemen: It is noted that the Southold Tvwn Board has requested that the s-pacing of hydrants in sulvdivisions be ap!aroximately 1,0001 . This allows lots to be within 500t of a hydrant. On Road I'D." there are no hydrants leaving lots in excess of 500t from a hydrant. It is highly recommended that a hydrant be placed at the easterly end of this read. Sincerely yours., Lawrence M. Tuthill YOUNG %; YOUNG 400 OSTRANDER AVENUE RIVERHEAD, NEW YORK I19oI 516-727-2303 ALDEN W.YOUNG HOWsARD W.YOUNG Professional Engineer 1F Land, Surveyor Land,Surveyor May 25, 1977 Planning Board Town of Southold Southold, New York 11971 Re : Paradise by the Sound Greenport, New York Gentlemen: Please find enclosed six (6) sets of the above captioned subdivision. These plans have been amended to comply with the recommendations of your Board, the Suffolk County Planning Commission and Lawrence M. Tuthill, P. E. Also enclosed are two (2) copies of a Drainage Calculation to show the storm sewer is not necessary on Road "C" all the way to Road "E" as Mr. Tuthill suggested but only to Road "C" ' s intersection with Road "D" . Very truly yours, L Howard W. Young HWY:kbf enc. cc : Roger Rath Frederick J. Ziems, Esq. RECEIVED BY SOUTHOLD TOWN PLANNING BOND MAY 2 71977 DATE YOUNG YOUNG 400 08TRANDER. AVENUE RIVERHEAD, NEW YORK ugor ,.ri' n 1 G-727-2303 �ALDEN W:YOUNG HOWAR.D W.YOUNG ;.Paof'eaeional Engt ec 4h Land cSuc�eyor Land cSutveyoc Pa.r.adi se by the Sound Time Structures . May 3, 1977 : DRAINAGE CALCULATION This calculat ,-on is to show that a storm sewer is not necessary until the storm water runoff .reaches station' 6 + 50 Road "C" The allowable flow in gutter is based on the formula_-- 1/2 Q 61 ' 3 x s where cu. ft. per sec . and s = slope in feet per foot. The actual ` flow in. gutter i_s calculated. by the formula- Q Air where Q = cu. ft. per sec. , 4 = tr:ibutar'.. area in acres, i .= coeff of runoff and r = r�.__nf�111.- intensi-ty At sta _ 3 + . 00 north - .Road "E" we f�_nd Allow Q - 61.3 x 0.02?,3? Actual Q = 1.3 x 0.625 0.,S 'At sta ?. + 00 north - Road "E" Allow ..Q = 61®3 x 0.005,,. Actual. Q = 3.3 x 0.625 = 2.1 At sta = 00 north - Road. "E" Allow Q = 61.3 x 0®(31.245%` _ �,.8 Actual Q 4.2 x 0.625 - 2.6 'At sta 6 + 50 east - Road- "C" Allow .,,Q = 61 .3 x 0.0086' ` = 5®7 Actual Q _ a.3 x 0.625 = 5.2 Once we pass . sta. 6 + 50 Road- "C" where the slope of the road becomes flatter the actual cu. ft. per sec . exceeds the allowable and therefore we pro-vide the appropriate storm` sewer. - RECEIVE®' BAP SOU THOLD TOWN PLANNING BOARD DATE - . February 15.; 1977 = Mr. Roger Rath P. .0. Box 250 :. Franklin Square, New York 11010 Dear,,Roger: The following action was taken by.-.the Southold Towt1 Planning Board at a'-regular meeting held February 7, 1977. RESOLVED. to approve the preliminary map of the , subdivisign known as "Paradise by the Sound' cis'-amended November, 16, '1976 . subject to, recommendations- of the- Sv�'folk C6unty Department of Planning and the Tovm Engineer, Lawrence M. -Tuthill. The Planning ' Board recommends a waiver of. the reauirements' for a block intersection on the westerly side, of -'Road' At",bec'ause the parcel is -landlocked in this area. " As requested by you,.' I have sche,duled' you for an appointment with the Planning Board on February .28th -to discuss this matter. Yours. truly; Muriel Brush, Secretary Copy -to Frederick J. Ziems _ JI � l�l LOCKWOOD , KESSLER & BARTLETT, INC . CONSULTING ENGINEERS ONG AERIAL WAY. SYOSSET, NEW YORK 11791 (316) 936-0600 is I February 8, 1977 LKB 7012 Mr. Frederick Ziems 105 Main Street Port Jefferson Station, New York 11776 Dear Mr. Ziems: For your information, we have compiled the bluff area in the vicinity of Stirling, Long Island, from aerial photography flow in 1955 and again from 1974 photographs. The area was compiled utilizing first order stereoplotting instruments at a scale of 1" = 200', showing 5' contours. It is our professional opinion that there has been little or no erosion along 1l the bluff between 1955 and 1974. ' w Very truly yours, LOCKWOOD, a SSLER &BARTLETT, INC. J nson a R presentative HEJ:Iz i i I j a d4 F YOUNG 0& YOUNG 400 OSTRsANDER AVENUE RIVERHEAD, NEW YORK zrgoz b 16-727-2303 sALDEN W.YOUNG HOWsARD W.YOUNG Pvofeaei,onal Engineer T,Land Surveyor Land,Surveyor January 31, 1977 Planning Board Town of Southold Southold, New York 11971 Gentlemen: Re : Subdivision "Time Structures" Greenport, New York Revised November 16, 1976 We have received in our office a memorandum to Raymond C. Dean, Superintendent of Highways from Lawrence M. Tuthill, P. E. , dated December 5, 1976 regarding the above captioned subdivision. It is our desire to work with Mr. Dean, Mr. Tuthill and your Board so as to complete this project as soon as possible, therefore, we wish to comment on and seek further guidance relative to the above mentioned memorandum. Re : Recommendation #1 What is meant by a right-of-way within an easement? Re: Recommendation #2 We shall endeavor to balance the cuts and fills and amend our plan accordingly. Re : Recommendation #3 So':.that we may prepare this plan and future plans properly, would it be possible to receive the criteria which Mr. Tuthill is using to require piping for the storm water along the entire length of Road "C"? Re : Recommendation #4 We shall amend our plans to eliminate the valley gutters at Roads "B" and "D" but request that Mr. Tuthill inform us as to the exact location of the additional catch basins which he requests to be installed. YOUNG 0& YOUNG 400 OSTRANDER AVENUE RIVERHEAD, NEW YORK rrgor 516-727-2303 ALDEN W.YOUNG HOWARD W.YOUNG Pcofessional Engineer T,Land Surveyor Land Surveyor Planning Board Page 2 January 31, 1977 Re: Comment #1 Our plan reflects the location of water'':mains, valleys and hydrants as shown on a plan furnished to us prepared'.by the Village of Greenport, Depart- ment of Public Utilities, Water Mains & Hydrants. Re : Comment #2 We shall reduce the width of the entrance to the park area from 40 feet to 20 feet if that is the desire of your Board. Re: Comment #3 We have used standard formula in determining the sizes of the storm sewers. We would appreciate response from your Board at your earliest convenience. Very truly yours, YOUNG & YOUNG .00� by: Alden W. oung AWY:kbf cc : Lawrence M. Tuthill, P. E. Raymond C. Dean, Supt. of Highways New York State Department of Environmental Conservation 700 Environmental Ana lY sis Uri_ �1 .' Buildine '>0, �'.`_!.t'.Y. , �I ;'iony 3 oo'c, '.Ze:7 Y:)_!: 1171��!: !" Berms 1 Commissioner {l P1 January 13, 1977 d� Mr. Roger J. Rath 1095 Tulip Avenue Franklin Square, NY 11010 Re: TW 15274-0058 II Dear Mr. Rath, As a resul� of your inquiry concerning the above re' e renced nz,rce]., chis 1)2 rPn •tm(,n,: his conduc Led an on-site irisp--ctioa. We have �'ounct ;:he parcel co be above 1.0-feet ail in elevation. j The! efo:-e, pu-su.nnt to Pa::i: 660, Title b, Of:ficiol Comnil_3; ;or of Coc :�.^-, ',bi!,.s Pn� r.f i:'-c Sccte of J�e%7 Ycr!- , Seccion ;:O. ! (c) (1) , r_,, .e•:!. i : ,rleY arLicl. 25 �II� (Tide ,). Y±"_tlud-'s) of the Envi--onmenLal Go' se,.-,-n Cori Law is 1h I Yours truly, 11 'I DANIEL J. LARKIN Local Tidal .,?etland P:�::mit Adm'_nist�ator I` DJL t s lm i �I SI r14' 4; i a January. 39 1977 Mr. Stan• Pauser, `District Ranager U.' S. Department of Agricultome Soil Conservation Service 127 East Main Street Riverhead' -New York 11901 -Dear Mr. Pauser: . I enclose map of "Paradise'. by the -Sound"-.'being developed by Time Structures, Inc. The developers have expressed: an interest in Swale construction of the .roads :arid we'.would, like your, recommendations on- this. This, hasl*e"ern' reviewed by the Suffolk County Department'.. Y ' of Planning Subdivision Review. Section and- the following--is, a comment" made by them: which you might want'.to elaborate on. , "Whether or not any, restrictions .wild .,,be imposed on the shor.e. front lotsi' that -will restrict clearing., grading,. .storm water" runoff.created by improvement and development, and removal of vegetation along the .top of -the bluff beyond -that necessitated by proper maintenance.-'! Yours truly,: Muriel, Brush,: Secretary' : South6id-7-Town ,Planning Board Enclosure FREDERICK J. ZIEMS ATTORNEY AT LAW AREA CODE 516 473-2000 December 29 , 1976 Planning Board Town of Southold Southold, New York 11971 ATTENTION: Muriel Brush, Secretary In re: Time Structures, Inc. Dear Ms . Brush: I am enclosing herewith the Disclosure Affidavit signed by Roger Rath on behalf of Time Structures, Inc . which has been amended to reflect the officers , directors and shareholders of the Corporation as requested by the Board. Thank you for your courtesies in this matter. Very truly yours, FJZ/Pk F DERICK J. IEMS enc. STATE OF NEW YORK: COUNTY OF SUFFOLK: ROGER RATH, being duly sworn, deposes and says : THAT he resides at Old Post Road, East Setauket, New York; THAT he is an officer of Time Structures, Inc. , a New York Corporation which has filed an application with the Planning Board of the Town of Southold, Suffolk County, New York, for approval of a preliminary map of a sub-division known as "Paradise by the Sound" ; THAT said property is owned by Time Structures , Inc. ; THAT the only officers , Directors and Shareholders are John E. Rath, Kathleen B. Rath and Roger Rath; THAT there are no other persons, corporations , part- nerships or associates having any interest, direct or indirect, in the sub-division. Roger Rath Subscribed and sworn to before me this day of 1976 . FREDERICK 1. ZIE99- NOTARY , st-ate of New yoll No. 9�• .._. ", fclk County to-4-TCs Mann 3PA LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Clerk' s Office, Main Road, Southold, New York, in said town on the 27th day of December, 1976, on the question of the following: 7:30 p.m. Approval of the preliminary map of subdivision of Col. Ted Dowd, located in Mattituck, Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at a point distant 167.32 feet from a monument set at the corner formed by the intersection of the northerly side of Mill Road, and the easterly side of Reeve Avenue and from said point of beginning running N. 150 22' 40" W. along the -easterly side of Reeve Avenue 1,500 feet to a monument and land now or formerly of Alois Lutz; RUNNING THENCE N. 720 091 20" E. along said last mentioned land 375.54 feet to a monument and land now or formerly of Grace Grundy and Henry Drumm; RUNNING THENCE S. 160 32' 40" E. along said last mentioned land 1,499.01 feet to land now or formerly of Henry Drumm; RUNNING THENCE S. 720 09' 20" W. 406.07 feet along said last mentioned land and land now or formerly of Donald and Gayle S. Crohan to the point or place of BEGINNING. Containing 13.445 acres, more or less. 8:00 p.m. Approval of the preliminary map of subdivision known as "Paradise by the Sound" , owned by Time Structures, Inc. and located near Greenport, Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at a point on the northerly side of North Road where the same is intersected by the westerly side of land now or formerly of F.C.P. Haneman, formerly Grace Robinson; and from said point of beginning running thence along the northerly side of North Road the following courses and distances: (1) S. 780 09' 20" W. 329.44 feet; (2) S. 750 15 ' 00" W. 246.26 feet to other land now or formerly of Sinuta; running thence along said land �. Page Two r N. ' 260 56' 20" W. 240.77 feet to land now or ±ormerly of Walter Sledjeski; running thence along said land the following courses and distances: (1) N. 300 58' 00" W. 198.28 feet; (2) S. 660 00' 30" W. 389.47 feet to land now or formerly of Harrower; running thence along said land and along land of other owners the following two courses and distances: (1) N. 270 47' 30" W. 548.67 feet; (2) N. 270 33' 20" W. 1306.69 feet to Long Island Sound; running thence along the same the following courses and distances: (1) N. 60° 32' 20" E. 356.27 feet; (2) N. 580 10' 00" E. 386.00 feet; (3) N. 660 10' 00" E. 342.00 feet; (4) N. 790 13' 30" E. 357.33 feet to said land now or formerly of F.C.P. Haneman; running thence along said land the following courses and distances: (1) S. 210 34' 40" E. 410 feet; (2) S. 210 05' 30" E. 982.87 feet; (3) S. 76° 30' 30" W. 376.40 feet; (4) S. 300 16' 30" E. 1085.53 feet to the northerly side of North Road, at the point or place of beginning. Containing. 60.4 acres, more or less. 8:30 p.m. Approval of the map of the minor subdivision of property of Phyllis E. Hale, located in Orient, Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at a monument set on the easterly line of land of Phyllis E. Hale at a point where said line is intersected by a boundary line between land of Dorman Estate and land of Clark Gurney and being about 1600 feet northerly from Main Road; running thence along said land of Gurney S. 381 08' E. 113.67 feet; thence along other land of Hale and along land of Gold S. 560 33' 30" W. 457.24 feet to land of Damianos; thence along land of Damianos N. 390 12' W. 50.25 feet; thence along land of Hughes the following six courses: (1) N. 180 33' 20" E. 330.94 feet; thence (2) N. 550 00' W. 120.00 feet; thence N. 390 12' W. 175.00 feet; thence (4) N. 500 00' W. 315.00 feet; thence (5) N. 350 00' E. 115.00 feet; thence (6) N. 390 12' W. 400.00 feet to ordinary high water mark of Long Island Sound; thence along said high water mark N. 380 45' E. 305.51 feet to said land of Dorman Estate; thence along said land eight courses: (1) S. 220 44' 30" E. 145.00 feet; thence (2) S. 90 24' 50" E. 33.93 feet; thence (3) S. 60 20' W. 52.22 feet; thence (4) S. 40 57' 30" E. 39.68 feet; thence (5) S. 280 31' 40" E. 189.26 feet; thence (6) S. 44° 06' 20" E. 273.17 feet; thence (7) S. 390 30' 20" E. 201.27 feet; ;;hence (8) S. 370 12' E. Page Three 356.93 feet to the point of BEGINNING. Containing 7.378 acres, more or less. 9:00 p.m. Approval of the map of the minor subdivision of property of Barbara P. Hughes, located in Orient, Town of Southold, County of Suffolk and State of New York, and bounded and described as follows: BEGINNING at a point on the westerly line of land of Phyllis E. Hale where said line is intersected by the boundary line between the land of Barbara P. Hughes and the land of Danianos, said point being about 1550 feet northerly from Main Road; running thence along said land of Damianos N. 390 12' W. 1169.75 feet to ordinary high water mark of Long Island Sound; thence along said high water mark N. 430 33' E. 301.27 feet to land of Phyllis E. Hale; thence along said land six courses: (1) S. 390 12' E. 400. 00 feet; thence (2) S. 350 00' W. 115.00 feet; thence (3) S. 500 00' E. 315.00 feet; thence (4) S. 390 12' E. 175.00 feet; thence (5) S. 550 00' E. 120.00 feet; thence (6) S. 180 33' 20" W. 330.94 feet to the point of beginning. Containing 6.595 acres, more or less. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: December 13, 1976 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD JOHN WICKHAM, CHAIRMAN PLEASE PUBLISH ONCE, DECEMBER 23, 1976, AND FORWARD FOUR (4) AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN PLANNING BOARD, MAIN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on December 13, 1976: The Long Island Traveler-Watchman The Suffolk Times Gary Flanner Olsen, Esq. Frederick J. Zeims, Esq. Irving L. Price, Jr. , Esq. Supervisor Albert M. Martocchia COMMISSION Seth A. Hubbard Chairman Lee E. Koppelman D Director of Planning Suffolk County Department -of 'Planning JOHN V.N. KLEIN, County Executive Veterans Memorial Highway Hauppauge, L. L, N. Y. 979-2920 December 10, 1976 Mr. John Wickham, Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Preliminary Map of Time Structures, Inc. , N/s of Main Road, N.Y.S. Rte. 25, opposite Bailey Avenue, Green- port, New York Dear Mr. Wickham: In accordance with your request, the staff has examined the proposed sub- division layout for a 60.4± acre tract reputedly owned by Time Structures, Inc. and offer the following comments on the map for your use. The overall layout of the proposed subdivision is considered to be gener- ally satisfactory. When the final map is referred to the Commission, the following information should be provided: 1. Capacity of recharge basin; i.e. , storage of 5" or 8" of rainfall. 2. How access to the beach will be provided and/or restricted. 3. Whether or not any restrictions will be imposed on the shore front lots that will restrict clearing, grading, storm water runoff created by im- provement and development, and removal of vegetation along the top of the bluff beyond that necessitated by proper maintenance. The Town should also consider requiring the revision of the layout of the intersection of Road "C" with Road "E". Road "C" should intersect Road 1°E" as close to a right angle as possible or along a radial line. 15 f97- s Town of Southold Preliminary Map of Time Structures, Inc. Page 2 -------------------------------------------------------------------------------- Staff comments on a preliminary map do not constitute a review of the map by the Suffolk County Planning Commission. When the map has been finalized, it whould be referred to the Commission for review pursuant to Section 1333 of the Suffolk County Charter. Very truly yours, Lee E. Koppelman Director of Planning by g�yywl Charles G. Lind Chief Planner Subdivision Review Section CGL:fp Encl: Map File: 1333-SR-76-62 FREDERICK J. ZIEMS ATTORNEY AT LAW QQ 705��aim�J.T� • J,�G����il�ory J.z`at:,on,��777'7'6 AREA CODE 516 473-2000 December 10 , 1976 r� Southold Town Planning Board Town of Southold Southold, New York 11971 Attention: Muriel Brush, Secretary In re: Time Structures, Inc. Dear Ms. Brush: I am in receipt of your letter of December 6, 1976 . I do not have a form for affidavit of ownership and would appreciate it if you could send a form to me. Thank you for your courtesies in this matter. Very truly yours, FJZ/} l FREDERICK J. ZIEMS A, Fig ' vilun of"Sou#Iiolb RAYMOND C. DEAN Tel. 765-3140 Superintendent 734-5211 December 6, 1976 The Planning Board Town of Southold Southold, New York 11971 Re: Times Structures Greenport, New York Gentlemen: I concur with the recommendations and comments of the engineer. Very truly yours, RAYMOND L. JACOBS Deputy.-,Superintendent of Highways i LAWRENCE M. TUTHILL PROFESSIONAL ENGINEER • INLET LANE EXT. GREENPORT, N.Y. 11944 GReeNPORT 7-1652 December 5, 1976 M�10RAWM TO: Mr. ?.a,' and C. Dean, Supt. of Hight,lays, Southold Taan I Ref: Subdivision entitled Times Structures, Gre::nport :rev. B?ov. 16, 1976 j Faco mneniations I 1. To provide for a 151 righted-vay to the recharge basin within the 20' easement. 2. That the cuts and fills be balanced 3. Provide piping; for storm grater along the full length of Road IIC". As presently designed there is 2,00 0 if of curb i;Tater flewing at CB #6. I v 11 II II " 1�. Elimination o� the valley mutters at Roads B & D i ani install catch basins :� �Qmments 1. Consideration be given to installing a Fire Hydrant near lest # 3 on F�oad I'D" 2. The possibility of reducing the size of the entrance t to the park. • xni Recreation Area at Lot `F16 from 40' to 201 and increasing the usable area at the rear by adjusting Lot # 16. 3. Releive that pipe in drainaffe should he checked for 1 adequate size. I i I i December -6, 1976 Frederick J. Ziems, Esq. 1.05 Main. Street Port Jefferson Station, New`York-117Z6. .Dear Mr. Z&Ims:- . I am setting up the. Time Structures, Inc': subdivision_ for a public hearing on' December- 27', 1976.. I will send you a copy of -the legal 'notice when" I ,have. prepared it. i Meanwhile; .in looking 'over the". file,'' I find "that_ I .do. not have sn -affidavit. of:- ownership ,which. is. required when 'i a subdivision -is owned by: .a. corporation., You may present 'it at the 'time. of the. hearing. ' . .Yours truly., Muriel Brush, Secretary Southold Town Plari}iing ,Board. . December 13,.` 1976 Frederick:.'J., Ziems Esci, ' 105,Main Street �l Port Jefferson Station, New York' 117.76 ° t. DearMr:. Ziems I am 'in rke:cept, of_.your"'letter .of December 10 .':1976. '.. have no set form, for an-. affidavit of ownership. `�irticle :IV ' 1L . Section. 106-40B states that- "A statement ^in :affidavit:"form shall be submit . etting: fo�thethe names and addres.ses oa11 I persons, '"corporations, partner..ships and, associates having: an • :. •interest, direct or iridicect, iri the: subdivision, and .tile, nature ":: s of =sucki interest.":'.`; It ..is m , understandri that this`."is re uired y~ ., g q r --',-to •show:-there' is no' :conflict- ofAriterest witk a',municipal f' -employee.- r - .. -. . ��•. . %I,,gnclosE" the-.Notice %of..' Hearing.. for, your:. public" hearing :on, December :27, 1976 n n ` Yours irizly. : Muriel, Brush, Secretary. ( Southold .Town Planning _Board �g j;. Enclosure. - 4 APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for (tentative) (final) approval of a subdivision plat in accordance with Article 16 of the 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 . .I?ai7acli 5.Q.by,.the, ,sound. ... . . . . . . . . .. . . . .. . . . . .. .. .. . . .. . . .. .. .. . . .. . . .. .. . . . .. . ... . . . . . . . . . . . . . .. . . .. . . .. . . . . .. . . .. .. . . . . .. . . . . . . . . . . . . . . . 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber . .5 316.. . . .. . . .. .• • . . . . Page . .. . 10 7. . . .. .. . . .. . .. On .March 6 , 19 6 3 Liber . .. . . .. . . .. .. .... .. .. ... Page . . . . . . . . . . On . . . . . .. . . . . . . .. . . . . . . . . ; Liber . . . . . .. . . .. . . .... .. . . :. . Page . . . .. .. .. .. .. . . . . .. .. . On . . . . . .. . . . . . . .. . . . . .. .. ; Liber . . . .. .. . . .. . . .. .. ... . .. . Page . . . .. . . .. .. . . .. .. . . .. . On . .. . . .. .. .. .. .. . . . . . . . . ; Liber . .. .. .. .. .. .. .... ....... Page . .. . . .. .. . . . . . . .. .. . . . On as devised under the Last Will and Testament of . . . . . .. .. . . .. .. .. .. . . .. .. . . . . .. . . . . or as distributee . ...... .... .. .... ...... .. . . . . . . . . . . . . .. .. .. .. . . .. . . .. . . . ..... . . . . ... ... . . . . . . . . . . .. . . .. .. . . .. .. .. .. .. ......... .......... . . . . . . . . . . . . . .. . . . . . . .. .. . . .. .. . . . . . . . .. ... . . . . . 5. The area of the land is . . .60 .4 . . •• . acres. 6. All taxes which are liens on the land at the date hereof have been paid except . .. .NONE . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . .. . . .. .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 7. The land is encumbered by . .. NONE. . .. .. . . . . . . . . . . . . . . . . . . .. . . .. .. ..... . .. .. . . .. mortgage (s) as follows: (a) Mortgage recorded in Liber . . . 11/a . . . . . . Page . . . . . . .. . in original amount of $. . . A/a. . . .. . unpaid amount $ . .. ..n/.a. . . . . . . . . . . . held by . . . .�Va. .. . . .. . . . . . . . P/4.. .. .. . address . . . .. . . . . . . .n/a. . . . . . . . . . . . . . . . . . .. . . .. .. . . .. . . . . . . . .. .. . . . . (b) Mortgage recorded in Liber . ..11✓.a. . Page . . . . .P/a. . .. .. . . . . . :. . in original amount of . ..I 4.. . . . . . unpaid amount $. .. . .7/a . . . . .. . . . . .. . held by nVa. . . . . .. .. .. . . . . . . . . .. .n/. A . . .. . address . .. .. .. .111A. .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . .. . . . . .. .. . . . A (c) Mortgage recorded. in Liber . . . . . Page . . . . TO . . . . .. . . .. . in original amount of $ . . . . . .. . unpaid amount .. . . . . . . . held by . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .114�a.... ... . . .. . . . . . address . .. . . .. rV-a. . .. . . . . . . . . . . .. . . .. .... . . . . . . . . . . .. . . . . . . 8. There are no ,other encumbrances or liens against the land except . ,NONE . . . . . . . . . .. .. . . . .. . . . . . .. . . . . . . . . .. .. . . . . . . . ... . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . .. . . .. . . . . . .. . . . . . . . . . . . . . . . 9. The land lies in the following zoning use districts "A-Residential_ ,and, ,. , , ,, ,, . , Agricultural .".. . . . . .. . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- ceptNONE . . .. . . .. .. . . .. . . ... .. . . . . . . . .. . . .. . . . . .. .. . . .. .. . . . . . . . . .. . .. . . . . . 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 . .. .Greenport 13. Water mains will be laid by . , developer. . . . . . . . . . . . . . . and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards will be installed by . . ,underground by Long Island Lighting Company , ,, ,, , and (a) (too) charge will be made for installing said lines. 15. Gas mains will be installed by . . . . NONE and (a) (no) charge will be made for installing said mains. 16. If streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highway system, annex Schedule "B" hereto, to show same. 17. If streets 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�as shown on preliminary subdivision map) 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 snaps 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". s o i 22. The applicant estimates that the cost of grading and required public improvements will be $.. . ....... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at . .... .. . . . . . years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". DATE . . . .. .. .16 .... .. . . .. .. 19. 76 ... ...... ................. ... (Name of Applicant) TIME_ST UCTURE INC. (SignaturVand Title) ROGER RATH, S e c4 e terry Old Post Road Xddress) . ... .... .. .. .. .. . . .. .... ...... ..... .. .. . . . (Addr Setauket, New York 11733 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 who executed the foregoing instrument, and acknowledged that . ... . .... .. .. . executed the same. Notary Public' STATE OF NEW YORK, COUNTY OF , SUFFOLK ,,,, ,,.. , ss: On the . .. .. r� . . .. .. ... day . .. .... .. 197� . ., before me personally came . . . . . . . ROGER-M7. . .. .. .......... . . ... . . . .to known, who being by me duly sworn did de- pose and say that . ..he. . . ... resides at No. ,Old Post Road, . . . . . . . . . ,..Np.w..XQxk. ..... . . . . ... . . .that . . . be. . . .. .. .. .... .. .. .. . is the . .. .. . . .. . Secretary . of . .TIME STRUCTURES, INC. . . . .. . . . . .. . . .. .. . . .. ...... . . ... . . . .. . . . . . . the corporation described in and which executed the foregoing instrument; that . .. Ile. . . .. . knows the seal of said corporation; that the seal affixed by order of the board of directors of said corpor- ation, and that . .. h(?. . . .. . signed . .. , his name thereto by like order. ....... . ...... .. . 2�T ry Public �/ `� FPEDEP.ICK J. ZIEMS NOTARY PUBLIC, State of New York No. 52-4387750, Suffolk County Term Exp!res March 30, 1977, party of the seroucl part, VA NESsETH, that t arty of the first part, in consideration of ONE AND 00/100 - - •• _ - _ _ - _ _ _ ._ ,. dollars' lawful money of the United States, and other valuable considerations paid by the party of the second lhlrt., does hereby grant and release unto the party of the second .part, the heirs or �Ii successors and assigns of the party of.the'secotrd hart,,forever, IIII IrI. that certain plot, piece or arcel P p of land, with the }buildings and improvements thereon erected, situate, lying and hein c � . g near Greenport ,.;Town of Southold, County of Suffolk and, State of New York, bounded and- described _as follows: BEGINNING at a point on the northerly side of North Road where the same is intersected, by the westerly -bide of land- now or formerly of F.C.P. Haneman, formerly 'Grac®l-Robinson; and from said point , of beginning running thence along "the northerly side of North Road the" following courses and distahabs; ° 1 " r(1) South ,78 09 20 9e"s t 329.44 feet; (2) South 750 15 t 00" West 246.'26 feet to other` land zaow or formerly of Sinuta.; running thence. along said 'land.North 26° 56, 20" ,- West 240.77 feet to land now or formerly of Walter Sledjeski; running ' o . thence along said land the following courses and distances:" : (1) North; 300 581 00" west 198.28 feet; (2) South 660 OOt: 30 West-, 389.147 Feet, to land now or formerly of Iiarrower; 'running thence along amid eland and along land of other owners .the following two courses and distances: (1) North 27° :47' 30" West 548.67. feet; (2) I orth 20" blest 1306.69 feet toa Long Island Sound; running thence' along the same the following courses and distances: (1) North 600 324 20" East. 356.27 feet; (2) North 58° 101 "00" East feet 00.86 • L 3 , (3) . North . si 6`6 10+ 00" t 342.00 feet ; (4) North ° 131 30" East 357.33 feet to said land now or formerly of P.C.N. Haneman; running,,thence along said land the following courses and distances : South 210 34+ 40" East 410.0 feet; (2) South 210 051 30" East 982.87 feet; ( 3) South 760 301 30" West 376.40 feet; . (4) South 300 161 30" East 1085,53 feet to the northerly side of North Road, at the pol t or pla co of beginning. TOGETHER with all the right, title and interest of the partlos of the first part in and to lands under the water' s of. T,onr*, Tsland `pound adjacent 'to said premises and lands, if any ' lvin- bett,;eon -premises above aescribed and Long; Island Sound. PX lb ,'i -It �..4.. J; Z, ��ti,,�. ;�'/ . i�F�/ y j�'� �I �c`� �r� iyl �t,-.;y.r*�.✓''�"`��, f J f J ry!•;��1.f ice, �� '� '� � I'- � - _, ,,a i -. . { • w" Y � `�.; _jam- � :3,�i�. �;,' ... • '~,�I I,�,. II I� I �I I I i �I ,November. .17, 1976 .. .'Southold.-Town-'Planning Board.. Supt. ,of-:Highways Mr. Lawrence M. _Tuthill Gentlemen:. ; =I am -enclosing the preliminary, map of::'the subdivision of Johh..E. Rath, • developed by. "Time 'Structures'.. Inc." and .to be known as' "Paradise by the 'Sound" in its :final stage. As per the-,code of the Town :of `Southold, a-•publ c hearing. must..be: held .1ditVfii -45 days 'as .all `the -proper.• papers have been •filed' in,"this office, i.e. application; fee; description and-. maps'.:' The, recommendations of the Supt' of Highways: and, the:. Planning Board Engineer 'must be in this office',before that time.. " Yours truly, Muriel ,Brush, Secretary: November 17,. -1976 .. Subdivision Review Section, Suffolk County Dept. of Planning Veterans Memorial Highway Hauppauge-, New York 11787 . Gentlemen: . We are hereby submitting _the preliminary map of .'!-Time , Structures, Inc. " ; located in.,-Greenport to you for your comments. This proposed plat, when in final stage, - will be. referred to the Suffolk County Planning .Commission pursuant to Zectio.n 1333, 'Article RIII of the Suffolk County Charter. We, ' therefore, acknowledge .that.'the comments made by the staff of the Planning Department are advisory only and do not constitute a review by the Suffolk County Planning Commission nor are the. comments made by .the staff binding upon the Commission in .their review of a this proposed map. . , . Material submitted-,-­!� r Proposed -plat -==3'-copies, Grading .plan' - 3-copies ,Profiles. - 3" copikke,.. Drainage plari - .3 copies Topotgaphical .map 3 copies Very `truly yours, Muriel Brush, Secretary Southold :Town• Planning Board GEORGE C. STANKEVICH ATTORNEY AT LAW MAIN ROAD WEST NECK ROAD SOUTHOLD, N. Y. 11971 SHELTER ISLAND, N. Y. 11964 (516) 765-3838 (516) 749-1328 November 12, 1976 Southold Town Planning .Board Town Clerk's -Building Main Road Southold, New York 11971 Re: Time Structures, .Inc./Paradise by the Sound Dear Sirs: Regarding the above entitled matter, please find enclosed: (a) two copies of the application for approval of preliminary plat; (b) twelve copies of the proposed preliminary plat.. I understand that this matter will be placed on your Monday, November 15, .1976 calendar in order to provide for the scheduling of a prel mihary plat hearing. A $355000 filing-fee check will be presented to the Planning Board at said time. Thank you for your cooperation regarding this matter. Sincerely yours, C (George Stankevich GCS:lfk Enclosures Opcers UTILITY OFFICE T) L ' (516)477-1748 MAYOR Yilla4 e of ��ee�t orf JOSEPH L. TOWNSEND,JR. POWER PLANT TEL. INCOIIPORATEO 1e0e _ NEW INCORPORATION APlld T.'ie.i (516)477-0172 TRUSTEE RE-INCORPORATION uNOER G[NERAL LAW MAY 29. 1894 HENRY CARLOZZI SAMUEL KATZfy WILLIAM H.LIEBLEIN WILLIAM QUINN �' •••� Y G I S L A Nv SUPT.OF UTILITIES JAMS 1.MONSELL •tAA.rir. ••••i1 236 THIRD STREET GREENPORT, SUFFOLK COUNTY NEW YORK 11944 September 13, 1976 Honorable Albert Martocchia Supervisor Town of Southold 16 South Street Greenport, New York 11944 Dear Albert: Thank you for the opportunity to meet with the Town Board so that we could seek approval of hydrant locations in a sub division called "Time Structures, Inc." We would hope that the Town Board of Southold and the Town Planning Board would take a hard stand and insist that Time Structures, Inc. either purchase or obtain the proper easements so that the 6" water main could be interconnected from the sub division to Sound Avenue on the north end. This interconnection will afford a loop water main throughout the sub division, maintain a better fire flow for fire protection, elim- inate a dead end water main system and supply the consumers with a clear, clean fresh water that has not laid idle in the water mains. The New York Fire Insurance. Rating Organization usually insists upon loop water systems to insure more than one flow line into a sub division. We have submitted to you the water supply map, which meets water works standards. We hope the Town Board is successful in obtain- ing the necessary rights to insist upon the interconnection. If I can be of further service, please call. 1rr� Very truly yours, j ��)ic (� A / ' jd James I. Monsell Superintendent of Public Utilities iJIM:nr v cc: Joseph L. Townsend, Jr. John Munzel �( the Town Board to at , the 3• ' Ari invitation has been� receivedo Y golf and luncheon Inc. Suffolk County Assessors Association day September 20, 1976 at .the Island' s End Golf and Country Club, Inc. , . Greenport. this year as 4. Letter from -the Greenport=Sootier gth, oebe known Commerce advising ' :;of their annual oyster festival on Oct 6 as „Festival of the Sea" "Festival of the Sea" . They also ask that the town board adopt a -the Festiv the month of,October 197 resolution declaring inviting month; this will be done. Greenport, Boy Scouts of America, 5. Letter from Troup 51 1e Court of Honor for Sean Heaney the town board members to attend an Eagle es Parish Hall,. on Sunday, September 26, 1976 at 3:00 P.M- 'at the St. Agnes d requesting a letter of commendation to Sean which would Greenport; • "an q the ceremony. This will be done. Town . ' be presented during of a letter to Magdaline Goodrich, 6. Receipt of a copy thing her for her help in research ,Historian, from Joseph W. Booth, his ancestors. Helen M.. Kroepel, N.I.D•A•R• , Constitution Week ing 7. Request from roclaim 'th.e week of September 17 th as Committee, that .the��town P the people of the United States to observe "Constitution Week, inviting laces with appropriate . such week .in schools, churches and other suitable p ceremonies and activities. ttit�uck Volunteer will be �Firemen' s Assoeveloont ment's : 8. Letter from the Ma and Urban D P Inc. opposing the proposed Department of Housing e .buildings in. : i-dwelling units designed. into the Bohack Village multdied in Mattituck. old T. Boeker, Mattituck, requesting g g . 9.' Letter from Leop the waterfront of Marratooka. Park; "and rebuilding of 'the beaches along stormdamage in the past five years has caused severe erosion is and ,pumped in• heads are being undermined and.wilapse the board for unless dthei _ tme bulk ro ect to be 10. Letter from George .'�h7-ers thanking and consideration of his proposal of the multi-family -project j . sponsored by HUD in Southold. the town board to 11. Letter from Edward Hindermann requesting. mall dredging review the zoning ordinance with relation to signs- r a s 12. Request to the Corps of Army Eng. objections to be filed r Creek, .Southold by JeanLohno Obj , project at Co_eY 1976• new laws wYiich by September 27, ustices. _r. .. 13. Letter from the Association 1977Trelative ito town j go into effect for voting purposes � it was . ion of Justice Demarest, seconded by Justice Suter, le trailer On mot the- application of Oscar Goldin: to place a sing RESOLVED that the- app Greenport Driving Park, South side Linnett . on his property on Lot #60, period of six (6) Street, Greenport, be and herebyis renewed for a months Board: Ayes: Supervisor Martocchia, Councilman Vote of the Town Justice Suter, Justice, Demarest. Rich, Councilman Homan, Councilman Homan, it was On motion -of Justice Demarest, seconded by is .. .. RESOLVID that Supervisor Albert M. Mar tocchiof Southold an aphe plication author ized to, execute on behalf of the Town financial assistance under the Disaster helPresident's .Dis ster 88, for fi pertaining 93rd Congress) or otherwise available and agreements :Relief Fund, and all the necessary thereto. Ayes. Supervisor. Martocchia, Councilman Vote of the Town Board: Justice Su Rich, Councilmanter, Justice Demarest Homan, adopted. This resolution.was declared duly P. Martocchia expalined that the aforementioned byrhurricane Supervisorthe Town of pertains to damages sustained byartment of approximately 55,000.00 and Belle - claim .of the highway department ,a small claim by the police dep Supervisor Martocchia: of as ,"Richmond ' t of a request- for a cluster development t on the south 14. Receipt Peconic to b side of Main Road on. Indian Neck Laneplication. :Shores." The Board will study the application. :::On motion of Councilman Homan, seconded by Councilman Rich, it was that the Town Board, acting as the Board of Fire- Commissioners RESOLVE recommend to the Planning Board the for the, East-West Fire District, James I. location of three fire hydrants to be locateVillaseoofeGreenport in Monsell;, Superintendent of Utilities of thelnc• " ,Greenport; and one the: subdivision known as "Time. Structures, hydrant on Sound Drive which will connect to the water line additional y Councilman ,;r vision and,make^a:loGpnPrvisor Martocchia, . Officers MAYOR 11illaye of 9reenz oo,"t JOSEPH L. TOWNSEND,JR. INCORPORATED 1838 TRUSTEES NEW INCORPORATION APRIL T.1868 HENRY CARLOZZI RE-INCORPORATION UNDER GENERAL LAW MAY 28, 1804 SAMUEL KATZ 1rf� WILLIAM H.LIEBLEIN WILLIAM QUINN NG ; 1 S LANO SUPT. OF UTILITIES s r JAMES I. MONSELL Greenport, Suffolk County, 6k. Y. February 17, 1976 Southold Town Planning Board Main Road Southold, New York 11971 Attention: Mr. John Wickham . Chairman Dear John: At the regular meeting of the Village Board of Trustees on February 9, 1976, the Board authorized the Village Attorney to prepare the agreement to supply public water to the following subdivisions: 1.) "Long Pond Estates", Southold, New York Harold & Ernest Wilsberg - 61.28 acres - 55 lots 2.) "Time Structures, Inc.", North Greenport, Southold, New York - John E. Rath - 60.4 acres - 51 lots When the agreements have been signed by all parties, we will notify your office. If I can be of further service, please call. Very truly yours, James I. Monsell )Superintendent of Public Utilities JIM:nr cc: Joseph L. Townsend, Jr. - Mayor Howard Terry George Stankevich Harold & Ernest Wilsberg John Munzel - Village Attorney GEORGE C. STANKEVICH ATTORNEY AT LAW MAIN ROAD WEST NECK ROAD SOUTHOLD, N. Y. 11971 SHELTER ISLAND, N. Y. 11964 (516) 765-3838 (516) 749-1328 October 24, 1975 Southold Town Planning Board Town Clerk's Building Main Road Southold, New York 11971 Re: Time Structures, Inc. Dear Sirs: Please find enclosed six (6) copies of the sketch plan of the proposed subdivision of the above property. I would appreciate being placed upon your next available calendar for a preliminary conference regarding this matter. Thank you for your cooperation regarding this matter. Sincer ly yours, George C. Stankevich GCS:lfk Enclosures cc: Mr. John E. Rath , o •s