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1000-35.-8-5.3
SITE DATA: 1. TOTAL AREA - 17.50.36 ACRES 2. ZONING USE DISTRICT: 'R-40' RESIDENTIAL LOW DENSITY AA 5. TOTAL NO, OF LOTS = I0 Antn?/ or formerly MAP OF SUMMIT SECTION AT EAST TOWN OF SUFFOLK ESTATES 1 MARION SOUTHOLD COUNTY, N.Y. Opec S~o~ 2.6779 '? ce 30000 s.t .~'..~- 30000 s.f. 30000 ~ ~ ~ s ~ 30004 ~.r. S 35.j5, ;1 205.3 YOUNG ALDEN W. L.S. LiC, NO. 12845 HOWARD W, LIC. NO. 45893 THOMAS C.~WOLPERT, N.Y.S, P,E. UC. NO, 614B5 30000 s.f. No~ ~"!ff' s?raf?rrner/y ~ 3OOoo~ s.f. ~: o;, Pub ' Dep°rtme ~ ~ ~ ,lo Works m gg 30038 s.f. ~ l~fL' ~; 33'35'38~ E ~ /~ ~ 30477 s.f. ~ E ' ~" & All/eon C.~8OUte ,¢ CHIOs ~o. 1 ~ 35'44'22', W ~R--40. OO, L~'34,53' ® 302;5 LANE,," 404.01' °rm er/y G~ FUture ~ emar Realty ~~ oection 2 Carp· /Kevin Robner°~w or formerly / t & Anne Marie McEIroy,, Theodore i GRAVEL ]17,o, 17,0, NOTE: SUFFOLK COUNTY TAX MAP DIST. 1000 SECT. 35 eLK. e LOT 5.3 OWNER: GUSMAR REALTY SORP. C/O VICTORIAN REALTY 11 WEST MAIN S~ RIVERHEAD. N.Y. 11901 FlOW or _J form erly l Ousm ar R=170.~2' G THE WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN THIS DEVELOPMENT COMPLY ~TH ~E STANDARDS AND REQUIREMENTS OF ~E SUFFOLK COUNTY DEPARTMENT OF HEALTH, 50.00' 36'51'72" E 11 panr~W.,°r fa. finery s/ae Heights Co. 758. FUture Sec/icc ~3 now or formerly Ousm~ Realty Corp. duce ow or f / I go ,-- ~Choenste[n ~ ~ ~ ~, ormedy / ~ Tam'~2rguerita / now or form / --~ " ~exel F~ed R & erly / I S ' ' Jennie ,' ~ ~ / enoens~ein I / HOWARD W. YOUNG, N.'~L.~'. L~. NO, 45895 THI~ rE O CERTIFY THAT THIS SUBDIVISION PLAN HAS BEEN APPROVED BY THE PLANNING BOARD OF~iOI~J:[~O~.~ BY RE~L~ON~A~D~~ ~L~ u=^c.,,~l.oo~s LJLEACF~NG PO°Ls ~i~ I LOCATION MAP SCALE' I"= 600' ~YPICAL SEWAGE DISPOSAL SYSTEM' ROAD I~PICAL PLOT PLAN OFFICE WHICH. F I~CTSLOTS ' THIS SUBDIVISION TIE IN' I S, S? 45,52,, E 833 SS: ~ S ~?~0612 E. 99B ;.sooE9 28.5 X27.3 25,5 X X28.6 X 529000 % 6,4 X X20.8 · X23,3 XB.7 X1RJ 16.9 X X24.7 ~. NO. Q 23.6 t6.5 X X24,9 24.3 .~o.~0o% 13.0 X23.7 × 22.8 X X 20.8 ~ X20.2 SITE DATA: I. TOTAL AREA= 40.8224 ACRES 2. ZONING USE DISTRICT: "R-RD" RESIDENTIAL LOW DENSITY "RE" RESORT/ RESIDENTIAL 3. TOTAL LENGTH OF ROADS = 2678 gE 4. TOTAL NO. OF LOTS = :35 CLLISTER FINALROAD 8~ ~RAINAGE 'A--A' APPROVED BY P[ANNIN6 BOARD ToWN OF $ouTHOLD PLAN AT EAST MARION ,,TOWN OF SOUTHOLD, '.,SUFFOLK'COUNTY, N.Y. PREPARED FOR ~ SUMMIT ESTATES .JAN Soui~oldTomm ' 400 OSTR AItL~ER AVEN , RIVERHEAD, N.Y~ ALDEN W yOUNG, N.Y,8. P.E, 0 L.S. LIE. NO. 12845 HOWARD W, YOUNG, N,Y.$. l,S, LIO, NO. 4589~ \ OWNER: GU$MAR REALTY CORE C/O VICTORIAN REALTY II WEST MAIN STREET -f X X3, 8ARO/NERS X6.7 )<2.7 13.4 X2G X5.8 LEGEND PAVED ROAB DIRT ROAD wOoDED AREA TREES UTILITY POLE FENCE SPOT ELEVATION CONTOURS BblLDING NOTE: " 2 ~i.,FFOLK EOUNTYTAX O~SE !_000 S~I~T.~"LK,~--L~TRE~A3RED C) FIELD SURVEY COMPLETE'D BY YOUNG E~ YOU PLANNING BOARD MEMBERS Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P. O, Box 1179 Southold, New York 11971 Fax (516) 765 - 1823 October 5, 1993 Donna Geraqhty Victorian Realty Corp. 11 West Main St. Riverhead, NY 11901 Re: Proposed Major Subdivision Summit Estates, Section 1, SCTM~ 1000-35-8-5.3 East Marion Dear Ms. Geraghty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on October 4, 1993: BE IT RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated October 4, 1993. Conditional final approval was granted on June 8, 1992. Ail conditions have been fulfilled. Enclosed please find a copy of the map which was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, must be picked up at this office and filed in the office of the County Clerk. Any plat no so filed or recorded within sixty (60) days of the date of final approval, shall become null and void. As per Section A106-25 (C) of the Town Code, the Planning Board must be notified at least two (2) days prior to the commencement or completion of any work on each stage or operation of the construction of improvements. Page 2 S~mmit Estates, October 5, 1993 Section 1 Please contact this office if you have any questions the above. Sincere ly, Richard G. Ward. Chairman CC: Tax Assessors Building Department James Richter, Engineering Inspector regarding PLANNING BOARD MEMBERS Bennett Orlowski, .Ir., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 9, 1992 SCOTT L. HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Donna J. ~eraghty Victorian Realty 11 West Main Street Riverhead, New York 11901 RE: Major Subdivision Summit Estates Section 1 East Marion $CTM# 1000-35-8-5.3 Dear Ms. Geraghty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on June 8, 1992: WHEREAS, Gusmar Realty Corp. is the owner of the property known and designated as SCTM# 1000-35-8-5.3, located at the southwest corner of Main Road (NYS 25) and Shipyard Lane in East Marion; and WHEREAS, this major subdivision, to be known as Summit Estates Section 1, is for 10 lots on 17.5036 acres, and is Section 1 of a three (3) section subdivision known as Summit Estates for 35 lots on 40.822 acres; and WHEREAS, Section 1 contains three (3) parcels of Open Space (Parcel A, Parcel B, and Parcel C) and one (1) parcel for a Park and Recreation Area (Parcel D), all to be subject to covenants and restrictions as stated in the Declaration of Covenants and Restrictions for the subdivision; and WHEREAS, the Planning Board has required the filing of certain covenants and restrictions for this subdivision, and such covenants and restrictions are subject to the Planning Board having the authority, through appropriate legal action and after due notice to the Declarants, their heirs, executors, legal representatives, distributees, successors, and assigns, to enforce the covenants and restrictions contained in the filed Declaration of Covenants and Restrictions; and Summit Estates June 9, 1992 Page 2 WHEREAS, this subdivision has been designed as a cluster subdivision in accordance with Section 281a of the New York State Town Law; and WHEREAS, the Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on August 13, 1990; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on May 18, 1992; and WHEREAS, all the requirements of the subdivision Regulations of the Town of Southold have either been met, or will be met by the conditions of subdivision approval; and BE IT THEREFORE, RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys dated March 11, 1992, and the final road and drainage plans dated March 13, 1992, subject to fulfillment of the following conditions within six (611 months of the date of this resolution. Failure to fulfill the conditions shall cause this conditional approval to become null and void. 1. Submission of five (5) paper copies and two (2) mylar maps of the final map for Section 1, all containing a valid stamp of Health Department approval, and revised as follows: a) The areas labeled "now or formerly Gusmar Realty Corp." must also be labeled Section 2 and Section 3 of the major subdivision. b) All existing structures must be shown on the map. c) The setback line described in Number 2.c) below must be indicated on the map. The Health Department's stamp of approval must be valid at such time that all items pertaining to subdivision approval have been submitted, and the final maps are in proper form for endorsement. 2. The draft Declaration of Covenants and Restrictions that was received by the Planning Board on April 16, 1992, must be revised as follows: a) Number 5 is to be eliminated. (This restriction will be addressed in Number 9 of the Declaration.) summit Estates June 9, 1992 Page 3 b) The following sentence is to be added to Number 8b: "Any use of this area for parking or for any vehicular access to the Park and Recreation Area shall be subject to Planning Board approval." c) Number 9c is to be amended as follows: "Any building, structure or parking to be located on parcel D, shall be subject to Southold Town Planning Board approval. Any building, structure or parking allowed by the Planning Board shall be located to the northerly side of a line connecting the following two points: 250' north of Gardiners Bay on the easterly property line of the Park and Recreation area, and 310' north of Gardiners Bay on the westerly property line of the Park and Recreation area, as indicated on the subdivision map for Summit Estates." d) The following pertains to Number 11: The 9' wide strip of land parallel to Main Road (N.Y.S. Rte 25) is to be immediately offered to the State of New York for its use. In the event the State does not wish to accept same, the Board will require that any final approval of Summit Estates Section 1 contain a condition that the land be available in perpetuity for the State of New York. e) The following statement is to be included in the Declaration of Covenants and Restrictions: "The dock, and any future expansion of such, shall remain for the exclusive private use and enjoyment of the owner of the lot shown on the preliminary subdivision map for Summit Estates as Lot No 3, such lot being approximately 191,000 square feet in area." Any covenants and restrictions proposed by the Developer in addition to the Declaration that has been submitted to the Planning Board, must be reviewed by the Board, and the Liber and Page number of the filed document must be stated on the subdivision map. The draft Declaration of Covenants and Restrictions must be revised as per above and must be reviewed and accepted by the Planning Board and Town Attorney. Once accepted, it must then be filed in the office of the County Clerk. A copy of the recorded document must be submitted to the Planning Board office. The final maps must contain the Liber and Page number of the recorded document. 3. Submission of five (5) copies of the final Road and Drainage plans for Section 1. Summit Estates June 9, 1992 Page 4 Submission of a Performance Bond, Letter of Credit, cash in the amount of $458,475.00. This payment is accordance with the approved bond estimate for the three {3) sections of the subdivision. or Submission of the $17,880.00 Administration Fee for Section 1. This payment is 65% of the Administration fee for the entire project. The fee has been calculated in this manner because the improvements for Section 1 will constitute approximately 65% of the total bond estimate. Verification that the Homeowners Association has been filed in the office of the Attorney General. A letter from each public utility company whose facilities are proposed to be installed in the proposed subdivision. Such letter(s) must state that the utility company will make the underground installations necessary for the furnishing of its services. The final water supply agreement for Section 1 must be notarized by all parties executing the agreement. Please contact this office if you have any questions concerning the above. Very truly yours, Bennett Orlowski, Jr. ~ Chairman cc: Robert Barbosa, US Army Corps of Engineers Vito Lena, New York State Department of Transportation N o o II -II o o (-~ I='1~'0 PI L~' MAlE IMA LAME- P'f~o PIL- E- C~U~ I~IE IV E. q + + LAN~ ~,o~x°4' CLUSTER , FI NAL ROAD & DRAINAGE PLAN PREPARED ,FOR SUMMI"T' 'ESTATES ~, AT. EAST TOWN OF SUFFOLK MARION SOUTHOLD COUNTY, N.Y MAR 13, 1992 APR, 12,1991 NO, 89 - 0952 HO OSTRANOER AVENUE,.RIVERHE AD, N.Y. THOMAS C. WOL PERT~ N.Y.5. R E. LIC. NO. 61493 - @ DECLARATIO~ OF PKOTECT!~ CO~A~TS ~ RESTRICTI¢ S~TM~IT ESTATES EAST MARION REAL ESTATE JUl ~ 1992 TRANSFER TAX 'SUFFOLK ~O~NT¥ DECLA~AT!O~ made this ~ of-.J~ , 1992, by GUS~V~AR REA~T~ day CORP., a domestic corporation kaviaq its principal place of business at 13-07 37tk Avenue, Long Islazld City, New York bereiaafter called tke Declarant. 348O,3 Wa~REAS, tke Declarant of Covenants and Restrictions wi!! be filed before tke map of S,,m~it Estates is filed ia tke office of tke Count? Clerk. WHEREAS, tke Declarant is tke owner in fee simple of the fol!owiaq described premises: side of Shipyard Lane the ALL that certain plot, piece, or parcel ofland in the Town of Southold, County of Suffolk, State of New York, bounded md described as follows: PARCEL I BEGINNING at the intersection of the westerly side of Shipyard and the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING thence from said point of beginning along the westerly following two (2) courses and distances: (1) South 37 deg. 45 min. 52 sec. East 833.33 feet, .~) South 37 deg. 06 min. 12 sec. East 9.98 feet to land now or formerly Gusmar Realty Corp. R~NING thence along land now or f~rmerly Gusmar Realty Corp. the following thirteen (13) courses and distances~ (1) South 52 deg. 53 min. 48 sec. West 200.00 feet, (2) South 37 deg. 06 min. 12 sec. East 63.84 feet, (3) South 52 deg. 14 min. 08 sec. West 201.23 feet, (4) South 69 deg. 05 min. 45 sec. West 90.15 feet, (5) South 54 deg. 15 min. 38 sec. West 161.50 feet, (6) South 35 deg. 44 min. 22 sec. East CONTINUED ON PAGE 2 115 6 124 PROTECTIVE COVENA~'FS AND RESTRICTIONS SUMMIT ESTA'TES Page 2 (7) a distance of (8) (9) a distance of (10) (11) (12) on a curve to the left having a radius of 120.32 feet 166.66 feet, South 25 deg. 06 min. 12 sec. East 50.00 feet, on a curve to the right having a radius of 170.32 feet 35.58 feet, South 06 deg. 23 min. 29 sec. East 115.00 feet, South 76 deg. 22 min. 24 sec. East 118.03 feet, South 20 deg. 18 min. 14 sec. West 173.64 feet, (13)~ South 55 deg. 27 min. 28 sec. West 160.97 feet to land now or formerly John and Marguerita Tam Aexel; RUNNING thence North 34 deg. 32 min. 32 sec. West along land now or formerly John and Marguerita Tam Aexel and along land now or formerly Otto and June Schoenstein 185.38 feet to land now or formerly Gusmar Realty Corp. RUNNING thence along land now or formerly Gusmar Realty Corp. the following seven (7) courses and distances: (1) (2) (3) a distance of (4) (5) a distance of North 55 deg. 27 min. 28' Rec. East 200.18 feet, North 06 deg. 23 min. 29 sec. West 127.40 feet, on a curve to the right having a radius of 170.32 feet 180.30 feet, North 35 deg. 44 min. 22 sec. West 404.01 feet, on a curve to the left having a radius of 40.00 feet 34.53 feet, CONTINUED ON PAGE 3 PROTECTIVE COVENANTS AND RESTR'ICTIONS SUMMIT ESTATES Page 3 (6) on a curve to the right having a radius of 60.00 feet a distance of 213.52 feet, (7) North 28 deg. 41 min. 56 sec. East 102.09 feet to land now or formerly New York State Department of Public Works; RUNNING thence along land now or formerly New York State Department of Public Works the following' five (5) courses and distances: (1) South 33 deg. 35 min. 38 sec. East (2) North 56 deg. 24 min. 22 (3) North 33 deg. 35 min. 38 (4) South 56 deg. 24 min. (5) North 33 deg. 35 min. southerly side of Main Road (N.Y.S. RUNNING thence along the'southerly side of Main Road (N.~.S. Rte. 25) the following two (2) courses and distances: (1) North 63 deg. 43 min. 48 sec. East 17.09 feet, (2) North 56 deg. 30 min. 58 sec. East 430.21 feet to the westerly side of Shipyard Lane and the point or place of BEGINNING. 90.04 feet, sec. East 300.00 feet, sec. West 300.00 feet, 22 sec. West 265.00 feet, 38 sec. West 201.82 feet to the Rte. 25); PARCEL II BEGINNING at a point on the southerly ~ide of Main Road (N.Y.S. Rte. 25) said point being situate the following two (2) courses and distances, as measured along the southerly side of Main Road (N.YiS. Rte. 25) from the intersection of the southerly side of Main Road (N.Y.S. Rte. 25) and the westerly side of Shipyard Lane: CONTINUED ON PAGE 4 PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Page 4 (1) South 56 deg. 30 min. 58 sec. West 430.21 feet, (2) South 63 deg. 43 'min. 48-sec. West 52.38 feet; RUNNING thence from said point of beginning South 33 deg. 35 min. 38 sec. East along land now or formerly New York State Department of Public Works 282.06 feet to land now or formerly Gusmar Realty Corp.; RUNNING thence South 54 deg. 15 min. 38 sec. West along land now or formerly Gusmar Realty Corp 346.24 feet to land now or formerly Larry D. and Allison C. Bouts; RUNNING thence North 35 deg. 44 min. 22 sec. West along land now'or formerly Larry D. and Allison C. Bouts and along land now or formerly Antonios G. and Caliope Katsimatides 402.50 feet to the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING thence along the southerly side of Main Road (N.Y.S. Rte. 25)~ the following three (3) courses and distances: (1) North 70 deg. (2) North 76 deg. (3) North 63 deg. 34 min. 48 sec. East '93.75 feet, 32 min. 48 sec. East 221.37 feet, 43 min. 48 sec. East 62.85 feet to land now or formerly New York State Department of Public Works and the point or place of BEGINNING. PARCEL III BEGINNING at the northeasterly corner of the parcel about to be described said point being situate the following five (5) courses and distances from the intersection of the westerly side of Shipyard Lane and the southerly side of Main Road (N.Y.S. Rte. 25): CONTINUED ON PAGE 5 . ? 11[ 16 127 P~OTECTIVE COVENANTS ~ND R~ST~ICTIONS SU~IT ESTATES Page 5 (1) South 37 deg. 45 min. 52 sec. East along the westerly side of Shipyard Lane 833.33 feet to a point, (2) South 37 deg. 06 min. 12 sec. East still along the westerly side of Shipyard Lane 702.48 feet to land now or formerly Gusmar Realty Corp. and the southerly terminus of the arc of a curve connecting the westerly side of Shipyard Lane and the southerly ~ide of a 50 foot wide Easement for ingres~ and egress for this Parcel III of "Map of Summit Estates, Section 1", (3) on a curve to the left, connecting the westerly side of Shipyard Lane and the southerly side of the aforementioned Easement, having a radius of 40.00 feet a distance of 62.83 feet to the westerly terminus of the arc of curve connecting the westerly side of Shipyard Lane and the southerly side of the aforementioned Easement, (4) South 52 deg. 53 min. 48 sec. West along the southerly side of the aforementioned Easement 248.00 feet to a point, (5) on a curve to the left having a radius of 810.00 feet still along the southerly side of the aforementioned Easement a distance of 4.62 feet; RUNNING thence from said point of beginning South 36 deg. 51 min. 12 sec. East along land now or formerly Gusmar Realty Corp. and land now or formerly Parkside Heights Co. 806.96 feet to land now or formerly Parkside Heights Co.; RUNNING thence along land now or formerly Parkside Heights Co. and along land now or formerly Cleaves Point Condominium the following two (2) courses and distances: CONTINUED ON PAGE 6 PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Page 6 (1) South 54 deg. 06 min. 18 sec. (2) South 10 deg. 39 min. 48 sec. highwater mark of Gardiners Bay; RUNNING thence North 88 deg. 30 min. 49 sec. West along the highw~ter mark of Gardiners Bay 97.34 feet to land now or formerly Crescent Beach Condominium; RUNNING thence along land now or formerly Crescent Beach Condominium and along land now or formerly Gusmar Realty Corp. the following three (3) courses and distances: (1) North 10 deg. 39 min. (2) North 54 deg. 06 min. (3) North 36 deg. 51 min. West 206.72 feet, West 540.89 feet to the 48 sec. East 513.12 feet, 18 sec. East 203.55 feet, 12 sec. West 758.07 feet to the southerly side of the aforementioned 50 foot wide Easement; RUNNING thence on a curve to the right having a radius of 81'0.00 feet along the southerly side of the aforementioned Easement a distance of 100.32 feet to the point or place of BEGINNING. TOGETHER with a 50 foot wide easement-for ingress and egress for this Parcel III "Map of Summit Estates, Section 1". Also known and designated as Lots No. 1 through 35, and the open space parcels (Parcels A, B, and C), and the Park and Recreation area (Parcel D) on a certain map entitled "Map of Summit Estates at East Marion, Tow~ of Southold, Suffolk County, N.Y.,,, filed in the Office of the Clerk of the County of Suffolk on the day of as Map No. CONTINUED ON PAGE 7 PR©TECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Page 7 W~REAS, the Declarant desires to make this DeClaration setting forth reservations, restrictions, covenants, conditions and agreements, subject to which the property shown on said map is now held and shall be sold and conveyed. NOW, subject to the with the land: THEREFORE, the aforedescribed premises ~hall be following covenants and restrictions which shall run No lot shall be subdivided or its lot lines changed in any m~nner at any future date unless authorized by the ToW~l of Southold Planning Board: Due to the min~mt~m .lot area requirement of.the zoning classification of this property being considerably less than the area of Lot No. 33, Lot No.33 shall be made subject to a covenant that will prohibit its future subdivision. The fence which extends into park and recreation Parcel D is to be removed, as ara the structures which are shown in that area. All stozmwater runoff resulting from the development and improvements of this subdivision or any of its lots shall be retained on the' si~e and shall not flow out onto Mai~ Road (State Roa~'2S) or into the State recharge basin. No sanitar~ disposal facility shall be constructed or installed witB!D 100 feet of the mean high water line on Gardiner's Bay. No stormwater runoff shall be discharged directly into Gardiner's Bay in any manner. The following terms shall apply to the Open Space parcels A, B and C. a) These areas shall be owned by the Homeowners Association for Summit Estates. CONTINUED ON PAGE 8 PROTECTIVE COVENANTS SUMMIT ESTATES Page 8 AND RESTRICTIONS b) These areas shall remain in their natural state. Maintenance of the natural vegetation shall be the only use or activity allowed, other than passive recreation. Any use of this area for parking or for any vehicular access to the Park and Recreation area shall be subject to Planning Board approval. c) No structure or building shall be placed within these areas. The terTas "structure,, and "building" shall be interpreted as including, but not limited to, swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement of fences. The following terms shall apply to the Park and Recreation parcel D. a) This area shall be owned by the Homeowners Association for Summit Estates. b) These areas shall remain in their natural state. Maintenance of the natural vegetation shall be the only use or activity allowed, other than passive recreation. c) Any building, structure or parking to be located on parcel D, shall be subject to Southold Tow~ Plenn~ng Board approval. Any building, structure or parking allowed by the Planning Board shall be located to the northerly side of a line connecting the following two points: 250' north ~f Gardiners Bay on the easterly property line of the Park and Recreation area, and 310' north of Gardiners Bay on the westerly property line of the Park and Recreation area, as indicated on the subdivision map for Summit Estates. o The drainage pond located on Lots 14 and 15 of the final subdivision map, is to be left intact in perpetuity, and there is to be no lo= or road drainage into such pond. This area shall not be filled or regraded. CONTINUED ON PAGE 9 PROTECTIVE COVENANTS SUMMIT ESTATES Page 9 AND RESTRICTIONS 10. 12. The 9' wide strip of land parallel to Main Road (N.Y. State Rte. 25), as shown on the final subdivision map is to be offered for dedication to New York State, and is to be kept available for dedication in perpetuity, by the Homeowners Association for future highway purposes. The dock, and any futur~ expansion of such, cannot be conveyed separately from Lot No. 33 except by permission of the.Southold Town P!ann~ng Board after a public hearing, and if such conveyance shall be allowed, it shall be to the owner(s)'of the park and recreation area only. The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas or any s~ lar area described by a different nomenclature, so as to insure continued compliance with the covenants, terms and provision~ designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants as they relate to the open space, common area or any similar area described by a different nomenclature, and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. CONTINUED ON PAGE 10 - 0Estates - .Covenants and Restrictions 13. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modificati0n shall not be required. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. GUSMAR REALTY CORP. STATE OF NEW YORK: : SS. COUNTY OF SUFFOLK: On this [~day of~[~ , 19~,-- before me personally came ~%~ to me known, who, being by me duly sworn, did depose and say that he resides at ~?~$ ~L~at he is the~.~T, of GUSMAR REALTY CORP., the corporation desdribed in, and which executed the fo~e~ing instrument~kat of sai~ ~u£pora~lu~; th~ ~,,~ s~a-i--arzixed ~o sa~ instrtL~a~t is s11~h cer~rate ~al ~ ~hat was so di-l~-burs of--said ccr~o~a~ion$ and that he signed his name thereto Notary Public SOUTHOLD TOWN I~ANNING BOARD DECLARATION OF COVENANTS AND RESTRICTIONS FOR S[R'/MIT ESTATES, EAST MARION, NEW YORK THIS DECLARATION made by Gusmar Realty Corp. this 13th day of February, 1991, a domestic corporation with offices located at 1:3-07 37th Avenue, Long Island City, New York, hereinafter referred to as the DECLARANT, as to the owner of the premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants ~nd restrictions and does hereby declare ~hat said ~REMISES shall be held and shall be conveyed subject to the following covenants and restrictions: DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) for a permit to construct, approval of plans or approval of subdivision or development on the PREMISES. As a condition of approval by the DEPARTMENT of the subdivision or development application, the DECLARANT covenants that there shall be no conveyance of any plot unless public water ~s extended thereto. This shall not prevent a conveyance of the entire subdivision subject to this covenant. The DECLARANT, ~ts successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupents, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjt~ation to the covenants and restrictions. All of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state ~d federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, ~d/or re~lations may thereafter be revised, amended, or promulgated. This document is made s~ject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated ~rein and made a part hereof, as though fully set forth. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the Co~ty of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 112 1P 42 These covenants and restrictions shall r~un with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming ~under them, and may be terminated, revoked or amended only with the written consent of the DEPARTMENT. If shy section: subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be ~mconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other th~% the part so adjudged to be illegal, unlawful, invalid, or ~mconstitutional. 11271 £ 3 h~ ¢'a] [,nt~ ~$2-1980 - The DECLARANT represents and warrants that be has not offered or given any gratuity to an]; office]~ empioyee, or agent of Suffolk County, New York State, or ~d[ any po[J t~cal party, ~ith the t~rpuse or intent of ~ecuring f3w~rsble treatment ~ith respect to the performance of ~ agreement, ,and that such person has read and is familiar with the provisions of local Law ~82~ 1980. COltNTY OF SUFFOLK) On this ~/~'~- day of ,-7"u 8ef,:,re me came /~xJw~A.i ~ ~l~ ~s to me ~own to be the ind[vi~.ual described in ~d who executed the foregoing instmm~en/ and :'k]o~ledge~ thet he executed the Qualified in Suffolk County C~mission Expires ~ 112 1 444 SCHEDULE A TP~ TITLE Title No. FQ 3950 S ALL that certain plot, piece or parcel of land, situate, lying and being n~ar the Hamlet of East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGIA~qING at the point of intersection of the southerly line of Main Road with the westerly line of Shipyard Lane; RUNNING THENCE along said westerly line of Shipyard Lane, the following 3 courses and distances: (1) South 36 degrees 36 minutes 10 seconds East, 833.33 feet; (2) South 35 degrees 56 minutes 30 seconds East, 832.52 feet; (3) South 35 degrees 41 minutes 30 seconds East, 43.12 feet to land of Parkside Heights Co. r~IENCE along said land of Parkside Heights Co., the following 4 courses and distances: (1) (2) (3) (4) South 55 degrees 16 minutes 00 seconds West, 293.40 feet; South 35 degrees 41 minutes 30 seconds East, 600.00 feet; South 55 degrees 16 minutes 00 seconds West, 206.73 feet; South 11 degrees 40 minutes 30 seconds West, 540.89 feet more or less, to ordinary high w~ter mark of Gardiner's Bay; ~CE westerly along said high water mark, 97.34 feet more or less to land of Kavanaugh; ~{~qCE along said land of Kavanaugh, the following 4 courses and distances: (1) North 11 degrees 49 minutes 30 seconds East, 480.11 feet more or less; (2) South 85 degrees 45 minutes 20 seconds West, 250.00 feet; (3) North 33 degrees 30 minutes 50 seconds West, 427.54 feet; (4) South 58 degrees 49 minutes 10 seconds West, 87.89 feet to land now or fol~aerly of Dawn Estates, Inc. Schedule A - Page 2 THENCE along said land of Dawn Estates, Inc., other land of Kavanaugh and land of North Fork ~quities, Inc., North 33 deg,=es 22 minutes 50 seconds West, 812.15 feet; THENCE oontinuing along said land of North Fork Equities, Inc., North 34 degrees 34 minutes 40 seconds West, 1,067.74 feet to the southerly line of Main Road; TH~I~CE along said southerly line of Main Road, the following 3 courses and distances: (1) North 71 degrees 44 minutes 30 seconds East, 93.75 feet; (2) North 77 degrees 42 minutes 30 seconds East, 221.37 feet; (3) North 64 degrees 53 minutes 30 seconds East, 62.85 feet more or less to land of State of New York; ~H~CE along said land of State of New York, the following 5 courses and distances: (1) South 32 degrees 25 minutes 56 seconds East, 506.32 feet; (2) North 57 degrees 34 minutes 4 seconds East, 300.00 feet; (3) North 32 degrees 25 minutes 56 seconds West, 300.00 feet; (4) South 57 degrees 34 minutes 4 seconds West, 265.00 feet; (5) Nor%h 32 degrees 25 minutes 56 seconds West, 201.82 feet to said southerly line of Main Road; TH~CE along said southerly line of Main Road, the following 2 courses and distances: (1) North 64 degrees 53 minutes 30 seconds East, 17.09 feet more or less; (2) North 57 degrees 40 minutes 40 seconds East, 430.21 feet to the point or place of B~GINNING. ~ONSENT OF MORtGAGEE/LIENOR D~gANT H.D. REF. NO. OR NAME OF SUBDMSICN SL~biIT ES~kTES In the matter of the application of SL~kTT ESTATES , the undersigned, as holder of a mortgage or lien on pr~mises described in ~dhedule "A" annexed hereto, hereby consents to the annexed Covenants and Restrictions on said pr~kises. STATE OF FLORTDA · SS. : COJ~TY OF DADE On 'the ~'-~day of ~_ , 1991, before me persona~ly came "~ ~/ ~/~i~ to me known to be the individual described in and who executed the foregoing inset and acknowledged that he ~rocuted s~rae. Public, State of Florida DECLARATION OF PROTECTIVE COVENANTS ~ RESTRICTIONS SUMMIT ESTATES EAST MARION DECLA-RATIOI~ made this =~ day of 3~/M , 1992, by GUSMAR REALTY COPJ?., a domestic corporation having~ its princ~ipa! place of business at 13-07 37th Avenue, Long Island City, New York 11!01, hereinafter called the Declarant. WHEREAS, the Declarant of Covenants and Restrictions will be filed before the map of Summit Estates is filed in the office of the County Clerk; Wa,:REAS, the Declarant is the owner in fee sim_~>le of the following described premises: ALL that certain plot, piece or parcel of land in the Town of Southold, County of Suffolk, State of New York, District 1000, Section 35, Block 8, Lot 5.3, bounded and described as follows: ,La~n BEGINNING at the intersection of the westerly side of Shipyard e and the southerly side of Main Road (N.Y.S. Rte. 25); ~l~de RUNNING thence from said point of beginning along the westerly of Shipyard Lane the following two (2) courses and distances: (1) South 37 deg. 45 min. 52 sec. East 833.33 feet, (2) South 37 deg. 06 min. 12 sec. East 9.98 feet to land now or formerly Gusmar Realty Corp. RUNNING thence along land now or fgrmerly Gusmar Realty Corp. the following thirteen (13) courses and distances: (1) South 52 deg. 53 min. 48 sec. West 200.00 feet, (2) South 37 deg. 06 min. 12 sec. East 63.84 feet, (3) South 52 deg. 14 min. 08 sec. West 201.23 feet, (4) South 69 deg. 05 min. 45 sec. West 90.15 feet, (5) South 54 deg. 15 min. (6) South 35 deg. 44 min. 38 sec. West 161.50 feet, CONTINUED ON PAGE 2 JUN SOUTHOLD PLANNIN~ ~ '. .PROTECTIVE COVENANTS--AND RESTRI'CTIONS S~3MM I T ESTATES Page 2 (7) a distance of (8) (9) a distance of (10) (11) (12) (13) on a curve to the left having a radius of 120.32 feet 166.66 feet, South 25 deg. 06 min. 12 sec. East 50.00 feet, on a curve to the right having a radius of 170.32 feet 35.58 feet, South 06 deg. 23 min. 29 South 76 deg. 22 min. 24 South 20 deg. 18 min. 14 South 55 deg. 27 sec. East 115.00 feet, sec. East 118.03 feet, sec. West 173.64 feet, min. 28 sec. West 160.97 feet to land now or formerly John and Marguerita Tam Aexel; RUNNING thence North 34 deg. 32 min. 32 sec. West along land now or formerly John and Marguerita Tam Aexel and along land now or formerly Otto and June Schoenstein 185.38 feet to land now or formerly Gusmar Realty Corp. RUNNING thence along land now or formerly Gusmar Realty Corp. the following (1) (2) (3) a distance of (4) (5) a distance of seven (7) North 55 North 06 courses and distances: deg. 27 min. 28 sec. East 200.18 feet, deg. 23 min. 29 sec. West 127.40 feet, on a curve to the right having a radius of 170.32 feet 180.30 feet, North 35 deg. 44 min. 22 sec. West 404.01 feet, on a curve to the left having a radius of 40.00 feet 34.53 feet, CONTINUED ON PAGE 3 '. 1150 136 PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Pa~e 3 (6) on a curve to the right having a radius of 60.00 feet a distance of 213.52 feet, (7) North 28 deg. 41 min. 56 sec. East 102.09 feet to land now or formerly New York State Department of Public Works; R~INNING thence along land now or formerly New York State Department of Public Works the following' five (5) courses and distances: southerly (1) South 33 deg. (2) North 56 deg. (3) North 33 deg. (4) South 56 deg. (5) North 33 deg. side of Main Road 35 min. 38 sec. 24 min. 22 sec. 35 min. 38 sec. 24 min. 22 sec. 35 min. 38 sec. (N.Y.$. Rte. 25); East 90.04 feet, East 300.00 feet, West 300.00 feet, West 265.00 feet, West 201.82 feet to the ~UNNING thence along the southerly side of Main Road Rte. 215) the foIlowing two (!) North 63 deg. (2) North 56 deg. westerly side of Shipyard Lane and the point or place of BEGINNING. (NiY.S. (2) courses and distances: 43 min. 48 sec. East 17.09 feet, 30 min. 58 sec. East 430.21 feet to the CONTINUED ON PAGE 4 115( 137 PROTECTIVE COVENANTS SUMMIT ESTATES P~ge 4 AND RESTRICTIONS Also known and designated as Lot Nos. I through 10 on a certain Map entitled "Map of Su~t Estates- Section 1 at East Marion, Town of Southold, Suffolk County, N.Y.", filed in the office of the Clerk cf the County of Suffolk on the day of as Map No. W~qEAS, the Declarant desires to make this Declaration setting foz-=h reservations', restrictions, covenants, conditions, and ag~ements, subject to which the prcper~y sho~ra on said map is now held[ and shall be sold and conveyed." NOW, '£~R~FORE, lots ~!, 2, 3, 4, 5, 6, 7, 8t 9, I0 the aforedescribed pr~m]ses shall be subject tot_he following covenants and restrictions, which shall ru/1 with the. land: W~R~n~, the Declarant acknowledges the Village's co~tment to s~pply water, results in the Village making an allocation for such water supply with a consequent co~tlnu3_ng e~.enditure by the Village of funds to maintain and provide for the allocation. In the event an application for water supply hook-up is not made by April 2~, 1997 with respect to any lot to which this covenant applies, the lot for which no application is made shall thereafter be subject to the Village's m~um water supply charge ~n effect at that. time. In the event the charge is not paid, the allocation provided for here~n for that particular lot shall be ~eemed CONTINUED ON PAGE 5 1 806 136 · ~ · ~ PROTECTIVE COVENAN~ AND RESTBICTI.ONS · . SUMMIT ESTATES Page 5 abandoned and any subsequent application for water supply will require payment of the Villages up front fees with respect to that lot. GUSMAR REALTY CORP. STATE OF NEW YORK: : COUNTY OF NASSAU : Ss. On this 1st day of June, 1992 before me personally came Peter Fakiris, to me known, wh~, being by me duly sworn, did deposes and says that he resides at 13-15 37th Ave. Long Island City, New York; that he is the President of GUSMAR REALTY CORP., the corporation described in, and which executed the foregoing instrument;Tt~rat~n~ eho ~ v2 ........ ~'-- se~-~ffixed ~ ~id in~tr'~.~cnt is ~uch cer~erat~ ~; ~ ' = ~ ----a- -rs ......... ~-:~ and that he signed his n~e thereto by llke order. 2 MAJOR SUBDIVISION Complete application received Yield map received Application reviewed at work session Applicant advised of necessary revisions Revised submission received Sketch plan approval -with conditions Lead Agency Coordination SEQRA determination Preliminary maps received Preliminary maps reviewed at work session -revisions Road profiles/drainage submitl~d -revisions Road profiles/drainage reviewed be Engineer Sent to County Planning Commission Receipt of County Planning Report Review of SCPC report Preliminary hearing Preliminary approval -with conditions Sent to Fire Commissioner Receipt of firewell location Notification to applicant to include on final map Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Bond est/mate submitted Bond adopted by PB Bond adopted by TB Payment of bond Payment of inspect/or, fee Determination of park & playground fee Park & playground fee adopted by TB Payment of park & playground fee Open Space documents ~/40~ Documents reviewed by TA Receipt of mylars and paper prints with Health approval Final Public Hearing Approval of subdivision =with conditions ~ ,],,t~ Endorsement of subdivisk n MAJOR SUBDIVISION Complete application received Yield map received Application reviewed at work session Applicant advised of necessary revisions Revised submission received Sketch plan approval -with conditions Lead Agency Coordination SEQRA determination Preliminary maps received Preliminary maps revie~ ed at wo,-k session - revision~ Road profiles/drainage submitled -revisions Road profiles/drainage reviewed be Engineer Sent to County Planning Commission Receipt of County Planning Report Review of SCPC report Preliminary hearing Preliminary approval -with conditions Sent to Fire Commissioner Receipt of firewell location Notification to applicant to include on final map Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Bond.$stimate submitted Bond~_~dopted by PB Boncl~lopted by TB Payment of bond P~Tm~'nt of inspection fee Determination of park & playground fee Park & playground fee adopted by TB Payment of park & playground fee Open Space documents ~ o~o~te~ Documents reviewed by TA//4o~ w',/~ Receipt of mylars and paper prints with Health abproval Final Public Hearing Approval of subdivision -with conditions , En'dorsement of subdivision 'x TYPEOF^CTION: ' )E 1 TYPE I,EAD AGENCY' pLANNING BOARD INITIAL DETERMINATION: NON-SIGNIFICANCE SIGNIFICANCF STATE ENVIRONMENTAL 0UALITY REVIE ~ STATUS SItZET UNLISTED OTHER: LEAD AGENCY COORDINATION: UNCOORDINATED REVIEW __ COORDINATED REVIEW - START OF 30 DAY COORD. PROCESS / COMMENTS RECEIVED FROM: AGENCY: AGENCY: AGENCY: DETERMINATION' NEGATIVE DECLARATION DATE, ,/ /- CONDITIONAL NEG. DEC DATE / / POSITIVE DECLARATION DATE, /__/ IF pOSITIVE DECLARATION SCOPING SESSION / / RECEIPT OF DEIS / / DATE DEIS COMPLETE / / //DATE DEIS INCOMPLETE, RECEIPT OF REVISIONS TO DEIS / / DATE DEB C0MPLETF / / //DATE DEB INCOMPLETE, RECEIPT OF REVISIONS TO DEIS / /.- DATE DEIS COMPLEI~__/ / //DATE DE1S INCOMPLE'rF START OF PUBLIC C0MMENY PERIOD FOR DEIS /.__/.- PUBLIC HEARING ON DEIS / / COMMENTS RECEIVED FROM: AGENCY: AGENCY: AGENCY: AGENCY: AGENCY: AGENCY: AGENCY: AGENCY: END OF PUBLIC COMMENT PERIOD FOR DEB / / FEIS TO BE PREPARED BY }-EIS RECEIVED / /.- FEB COMPLETE, / /- START OF PUBLIC COMMENT PERIOD FOR }-ELS / / PUBLIC HEARING ON FEB /.__/.__ FINDINGS STATEMENT ADOPTED BY PLANNING BOARD / V ON 1ENYA --E SCOPING SESSION $ PAID / / REVIEW OFDEIS $ PAID / / ADDITIONAL REVIE~ OF DEIS $ PAID / / $ PAID __/ /-- $ PAID /__/ PREPARATION OF FEIS $ PAID /__/ REVIEW OF FEIS $ PAID /__/ OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex OF S0P.O.Box 1179 54375 State Route 25 O�� TyOI Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY � � Telephone: 631 765-1938 www.southoldtowTmy.gov cinu PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 8, 2021 Mr. Mike Agnone, Board Member Summit Estates Homeowners Association P.O. Box 779 East Marion, NY 11939 Re: Summit Estates Dock Covenants Dear Mr. Agnone: The Planning Board has reviewed the request from the Summit Estates Homeowners Association to amend the decision and covenants from the Planning Board to allow additional boats to use the existing dock. The Planning Board resolution of September 28, 1999 restricts the use of the dock with the following wording: "in order to further ensure that the use of the dock for docking or mooring purposes remains similar to that allowed for a single family dock, and does not result in a marina- type use for boats owned by the Summit Estates Homeowners Association, the Planning Board is requiring that the docking or mooring of boats be limited to.the area of the existing "T" port (the area which is parallel to the shoreline) of the dock. The Planning Board's decision is further clarified to mean that no more than 2 boats, other than those owned and used by the Summit Estates Homeowners Association shall use the dock for docking or mooring facilities." The above wording is also in the covenants recorded with the Suffolk County Clerk on March 8, 2001 in Liber 12106, Page 903. Any subsequent covenants filed without a majority plus one vote of the Planning Board after a public hearing are invalid. Southold Town Planning Board Page 2 April 8, 2021 In light of the intent of the Planning Board at the time to limit the use of a dock to that equivalent to a single family home, the Board has elected not to consider amending their previous decision. They also further clarify the decision and covenants to mean that no more than a total of four (4) boats shall use the dock for docking or mooring facilities. Sincerely, Donald J. Wilcenski Chairman cc: Southold Town Trustees I Illllllllll lull 11111 IIIlI IllII IIIII 11111111111111 1111 IIIIIIlIINIIllllllllllll SUFFOLK -COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: MODIFF - COVENANT OR RESTRICTI Recorded: 03/12/2001 Number of Pages: 9 At: 09:13:23 AM LIBER: D00012106 PAGE: 903 District: Section: Block: Lot: 1000 035.00 08.00 005.003 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $27.00 NO Handling $5.00 NO COE $5.00 NO Notation $0.50 NO Cert-Copies $4.50 NO RPT $15.00 NO SCTM $0.00 NO Fees Paid $57 .00 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County • LI 2 3 Number of pages2 - �G i•f,=_t TORRENS -CC, ?'ar �'' C*-: E-+:er.j .hC':ianE Serial#k L`"r r ;Jrf_rJ, -rOdr!T*? Certificate Prior Ctf.#1 Deed/Mortgage instrument Deed/Ivlortgage Tax Stamp Recording/Filing Stamps 4 1 FEES Page/Filing Fee Mortgage Amt. Handling L Basic Tax TP-584 2 Additiona['fax Notation Sub Total EA--52 17(County) Sub T tal Spec./Assn. Or EA-5217(State) Spec /Add. orjytr. RP:f.S A. ��;sS f� TOT.M fG.TAX Comm.of Fd 5.OQ_ y Dual Town Dual Count; > I leld for Apportionment Affidavit :ry + IransferTax �dCopyr ,y'9Mansion Tax The property covered by this mortgage is or Reg.Copy will be improved by a one or two family Sub Total dwelling only. Other YES orNO GRAND TOTAL If NO,see appropriate tax.clause on page## of this instrument. 5 r� Real Property Tax Service Agency Verification b Community 13reservation'Fund Dist. Section B lock Lot Consideration Amount$ S�m 1'I�LI L)3;G)0 Ojt^J CPTr Tax Due S_ G) n( improved Initia Vacant Land 7 Satisfactions/Discharges/Releases List Property Owners Mailing Address TD RECORD&RETURN TO: CeHrirr��.n�, 13A �1u f�01CR, r 1l�fmAM 'CD TI-le RWACPrn(d TD qa MciZRIC K A V( t_1'15 7 m e A Doc3, N,y 121q lic7LEP� s Title Company Information Co Name e-.- \1.-V Gvr")(-7-ff Title## f )J V 5 o 3 1' Suffolk County Recording BZ Endorsement Page This page Ibrnis part of the attached — r jC{I !=(��(A-)'A-,'moi F'jj I CLE-1:5iade by (SPECIFY TYPE OF INS IRUMEIVI') CT v s m A 2 LT I/ P the premises herein is situated in SUFFOLK COUN M NEW YORK TO In the Township of A 1•,o f d (� Cld— 5C� 1t f--)n 1(J In the VILLAGE or I IAMLET of BOILS 51HRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) J AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS- AND. RESTRICTIONS ("beclaration") made this 8 day ohl�cff , 2001, by Peter Fakiris, President of Gusmar Realty Corp. (hereinafter referred to'as,"Declarant"). WI'T`NESSETH: WHEREAS,Gusman Realty Corp.,by Declaration dated and recorded in the Office of the Clerk of Suffolk County on July 23, 1,992,in Liber 11506 page 123 et seq.,submitted the property described on Schedule A annexed hereto, to the provisions of such Declaration. WHEREAS, pursuant to the resolution of the Planning Board of the Town of Southold dated September 28,1999,Declararit is desirous of'amending Condition Number 11 of such Declaration pertaining to the dock on the property to conform to such Resolution. NOW, THEREFORE, Condition Number 11 of such Declaration is deleted in its entirety and replaced with the following: "The dock will be conveyed to the Summit Estates Home Owners Association Inc., subject to the following conditions: 1. The use of the dock for docking and mooring purposes shall be limited to that allowed under chapter 100-31 C.(3)(a)of the Town Code of the Town of Southold. As per this Section of the Code, no more than two(2)boats other than those owned and used by the owner of the premises,shall use the dock for docking or mooring purposes. In order to further ensure that the use of the dock for docking or mooring purposes remains similar to that allowed for a single family dock, and does not result in a marina type use for boats owned by the Summit Estates Home Owners Association, Inc.,the docking or mooring of boars are limited to the area of the existing"T"portion (the area which is parallel to the shoreline)of the dock. i4naSc��..C53.1 No more than 2 boats other than those owned and used by the Summit Estates Home Owners Association, Inc., shall use the dock for docking or mooring facilities. Slip No. 1 may be used exclusively by Peter Fakids or his designee and Slip No. 2 may be used exclusively by-the Owner of Lot No. 33: 2. All members of the Summit Estates Home Owners Association, Inc., shall have the right to use=the dock'for purposes other than that of docking and mooring of boats. These uses shall include, but not be'limited to uses such as walking on the dock and fishing from the dock. Except as hereinabove stated, the aforesaid Declaration of Condominium shall remain in full force,and effect. GUSMAR REALTY CORP. By: PETEN F-.Kl RIS, President ATTEST: Secretary [Corporate Seal] STATE OF NEW YORK ) COUNTY OF0JEtrN5 ) On the �> day of (nPff�-CR moi in the year 2001, before me, the undersigned, personally appeared PETER FAKIRIS, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. DONNA M. tate o f e NOTARY PUBLIC, State of New York ! No.41-4796600 Qualified in Queens County Notary Public Term Expires September 30,20 Cf iManagc.-9221-51,I PARCEL I ALL that certain plot, piece, or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded-and described as follows: BEGINNING at the intersection of the westerly side of Shipyard Lane and the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING THENCE from said point of beginning along the westerly side of Shipyard Lane the following two (2) courses and distances: 1. ,South 37 degrees 45 minutes 52 seconds East, 833.33 feet; 2. South.37 degrees 06 minutes 12 seconds East, 9.98 feet to land now or'formerly of Gusmar Realty Corp. RUNNING THENCE along land now or formerly of Gusmar Realty.Corp. the following thirteen (13) courses and distances. 1. South 52 degrees 53 minutes 48 seconds West, 200,.00 feet; 2. South 37 degrees 06 minutes 12 seconds East, 63.84 feet; 3. South 52 degrees 14 minutes 08 seconds West, 201.23 feet; 4. South 69 degrees 05 minutes 45 seconds West, 90.15 feet; 5. South 54 degrees 15 minutes 38 seconds West, 161.50 feet; 6. South 35 degrees 44 minutes 22-seconds East, 45.00 feet; 7. on a curve to the left having a radius of 120.32 feet, a distance of 166.66 feet; 8. South 25 degrees 06 minutes 12 seconds East, 50.00 feet; 9. on a curve to the right having a radius of 170.32-feet, a distance of 35.58 feet; 10. South 06 degrees 23 minutes 29 seconds East, 115.00 feet; 11. South 76 degrees 22 minutes 24 seconds East, 118.03 feet; 12. South 20 degrees 18 minutes 14 seconds West, 173.64 feet; 13. South 55 degrees 27 minutes 28 seconds West, 160.97 feet to land now or formerly of John and Marguerita Tam Aexel; RUNNING THENCE North 34 degrees 32 minutes 32 seconds West along land now or formerly of John and Marguerita Tam Aexel and along land now or formerly of Otto and June Schoenstein, 185.38 feet to land now or formerly of Gusmar Realty Corp.; RUNNING THENCE along land now or formerly of Gusmar Realty Corp. the following seven (7) courses and distances: I. North 55 degrees 27 minutes 28 seconds East,'200.18 feet; 2. North 06 degrees 23 minutes 29 seconds West, 127.40 feet; 3. on a curve to the right having a radius of 170.32 feet, a distance of 180.30 feet; 4. North 35 degrees 44 minutes 22 seconds West, 404.01 feet; 5. on a curve to the left having a radius of 4,0.00 feet, a,distance of 34.53 feet; 6. on-a curve to the right having a radius of 60.00 feet, a distance of 213.52 feet; 7. North 28'degrees 41 minutes 56 seconds East,,102.09;feet to land now or formerly of New York State Department-of Public works; RUNNING THENCE along land now or formerly of New York State Department of Public Works the following five (5) courses and distances: 1. South 33 degrees 35 minutes 38 seconds East, 90.04 feet; 2. North 56 degrees 24 minutes 22 seconds East; 300.00 feet; 3. North 33 degrees'35 minutes 38 seconds West, 300.00 feet; 4. South 56 degrees 24 minutes 22 seconds West, 265.00 feet; 5. North 33 degrees 35 minutes 38 seconds West, 201.82 feet to the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING THENCE along the southerly side of Main Road (N.Y.S. Rte 25) the following two (2) courses and distances: 1. North 63 degrees 43 minutes 48 seconds East, 17.09 feet; 2. North 56 degrees 30 minutes 55 seconds East, 430.21 feet to the westerly side of Shlpyard Lane and the point or place of BEGINNING. PARCEL I1 ALL that certain plot, piece, or parcel of land, situate, lying and being in the Town of Southold, County of,Suffolk and-State of New York, bounded and described as follows: BEGINNING at a point on the,southerly side of.Main Road (N.Y.S. Rte. 25), said point being situate the following two (2) courses and distances, as measured along the southerly side of Main'Road (N.Y.S. Rte. 25) from the intersection of the'sbutherly side of Main Road (N.Y.S. Rte. 25) and the westerly side of Shipyard Lane; 1. 'South 56 degrees 30 minutes 58 seconds West, 430.21 feet; 2. South 63 degrees 43 minutes 48 seconds West, 52.38 feet',- RUNNING eet;RUNNING THENCE from said point of-beginning, South 33 degrees 35 minutes 38 seconds East along land now or formerly of New York State Department of Public Works, 282.06,feet to land now or formerly of Gusmar Realty Corp.; RUNNING THENCE South 54 degrees 15 minutes 38 seconds West along,land now or formerly of Gusmar Realty Corp, 346.24 feet to land now or formerly of Larry D.,and Allison C. Bouts; FUNNING THENCE North 35 degrees 44 minutes 22'seconds West along land now or'formerly of Larry D. and All C. Bouts.and along land now,or formerly of Antonio$G. and Caliope Katsimatides, 402.50`feet to the southerly side of Main Road (N.Y.S. Rte 25); RUNNING THENCE along-tlfe sbutFierly side of Main Road (N.Y.S. Rte 25) the following three (3)'courses and distances: 1. North 70 degrees 34 minu5tes 48 seconds East, 93.75 feet; 2. North 76 degrees-32 minutes°48-seconds East; 221.37 feet; 3. North 63 degrees 43 minutes 48 second's East, 62.85 feet to land now or formerly of New York State Department of Public Works and the point or place of BEGINNING. PARCELIII ALL that certain plot, piece, or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the northeasterly corner of the parcel about to be described, said point being situate the following five (5) courses and distances from the intersection of the westerly side of Shipyard,Lane and the southerly side of Main Road (N.Y.S. Rte. 25); 1. South 37 degrees 45 minutes 52 seconds East along the westerly side of Shipyard Lane, 833.33 feet to,a point; 2. South 37 degrees 06 minutes 12 seconds East still along the westerly side of Shipyard Lane, 702.48 feet to land now or formerly of Gusmar Realty Corp. and-the southerly terminus of the arc of,a.curve connecting the westerly side'of Shipyard.Lane_and the southerly side of a fifty (50) foot wide Easement for ingress and egress for this Parcel III-of"Map of Summit Estates, Section 1"; 3. on a curve to the left connecting the westerly sld,e of Shipyard Lane"and the southerly side of the aforementioned Easement, having a radius of 40.00 feet, a distance of 62.83 feet to the westerly terminus of the arc of curve connecting the westerly side of Shipyard Lane and the southerly side of,the aforementioned Easement; 4. South 52 degrees 53 minutes 48 seconds West along the southerly'side of the aforementioned Easement, 248.00 feet to a point; 5. on a curve to the left having a radius of 810.00 feet still along the southerly side of the aforementioned Easement a.distance of 4.62 feet; RUNNING THENCE from said point of beginning, South 36 degrees 51 minutes 12 seconds East along land now or formerly of Gusmar Realty Corp. and land now or formerly of Parkside Heights Co., 806.96 feet to land now or formerly of Parkside Heights Co.; RUNNING THENCE along land now or formerly of Parkside Heights Co. and along land now or formerly of Cleaves Point Condominium the following two (2) courses and distances: 1. South 54 degrees 06 minutes 18 seconds West, 206.72 feet; 2. South 10 degrees 39 minutes 48 seconds West, 540.89 feet to the high water mark of Gardiners Bay; RUNNING THENCE North 88 degrees 30 minutes 49 seconds West along the high water mark of Gardiners Bay, 97.34 feet to land now or formerly of Crescent Beach Condominium; RUNNING THENCE along land now or formerly of Crescent Beach Condominium and along land now or formerly of Gusmar Realty Corp., the following three (3) courses and distances: 1. North 10,degrees 39 minutes 48 seconds East, 513.12 feet; 2. North 54 degrees 06 minutes 18 seconds East, 203.55 feet; 3. North 36 degrees 51 minutes 12 seconds West, 758.07 feet to the southerly side of the aforementioned fifty (50) foot wide Easement; RUNNING THENCE,on a curve to the right having a radius-of 810.00 feet along the southerly side of the aforementioned Easement a distance-of 100.32 feet to the point or place of BEGINNING. AMENDMENT TO DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS DECLARANT: GUSMARREALTY CORP. 13-1537 1h Avenue Long Island City, NY 11101 DATE OF RECORDING ORIGINAL DECLARATION: July 23, 1992 DATE OF RECORDING AMENDMENT TO DECLARATION: 1hA�Lc lk g , 2001 Record and Return to: CERTILMAN BALIN ADLER& HYMAN, LLP. The Financial Center at Mitchel Field 90 Merrick Avenue East Meadow, New York 11554 Attn.: IRA J. ADLER, ESQ. rn .. C- J r Q rn T f_i r •11 +=i r ♦ T i r7 H ri •. O � w Q♦ � GJ �J t� IF1ana�;:R2S5S 1 14-16-2 (2/87)--7c 617.21 Appendix A SEQR State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMEI~ ~~,i~. Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full FAF Components= The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is bkeJy to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is id(;ntified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions e Portions of EAF completed for this project: [] Part 1 [] Part 2 []Part 3 ,( Upon review of the information recorded on this EAF (Parts I and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant, effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions S UM~iIT ESq?ATES Name of Action Name of Lead Agency Print or fype Name of Responsible Officer in Lead Agency X Signature of Responsible Officer in Lead Agency /89 Title of Responsible Officer Signature of Preparer (If different from responsible officer) Date PART 1--PROJECT INFO,,,vlATION .~. ~ ~,~b Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effe on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consider: as part of the application for approval and may be subject to further verification and public review. Provide any addition information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not invol' new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and speci each instance. NAME OF ACTION Summit Estates LOCATION OF ACT[ON (~nclude Street Address, Municipality and County) Shipyard Lane, East Marion, Suffolk County, New York NAME OF APPLICANT/'~°~N~n~r~--~.,,~ Realty Corp. BUSINESS TELEPHONE (718) 392-6858 ADDRESS 13-07 37th Avenue sTATE ZIP CODE CITY/PO Long Island City, N.Y. 11101 NAME OF OWNER (If di[ferent) I BUS~NESS TELEPHONE ( ) ADDRESS CITY/PO STATE ZIP CODE DESCRIPTION OF ACTION 37 Lot subdivision Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and g,ndeveloped areas. 1. Present land use: DUrban I~lndustrial C]Forest I~Agriculture 2. Total acreage of project area: 40.82-+ APPROXIMATE ACREAGE Meadow or grushland (Non-agricultural) Forested I~Commercial E3Other acres. r~Residentiai (suburban) PRESENTLY acres acres Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) * Roads, buildings and other paved surfaces Residential/Multi Other (Indicate type). 3. What is predominant soil type(s) on prelect site? a. Soil draqrage: :~We[I drained 85 % of site C]Poorly drained % of site I~Rural (non-far, AFTER COMPLETION 1.0 acres 1.0 39.62 33.62 E~rA4oderately well drained 15 % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group I through 4 of the NY Land Classification System?' acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? I~Yes [~',1o ~ a. What is depth to bedrock? (in feet) * Roads: 3.37 Ac glds: Est @ 3000 sq. ft. x 37 =2.54Ac:, Misc. Driveways e 2 = I+A~ 5. Approx mate percentage of pro{[~lit.~d project site with slopes: [~0-10% % []10-15% % ~]15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ~lYes [~o (~'' Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? []Yes ~]No 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, pr[nc pal, or sole source aquifer? [Yes ~]No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? E]Yes E]~o . 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered~ [Z]Yes J~No According to ' Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) [Yes ~]No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? []Yes :~]No If yes, explain 14. Does the present site include scenic views known to be important to the community,~ [Yes :[[]No ' 15. Streams within or contiguous to project area: ]qoi3.e a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? I~Yes [No a) If Yes, does sufficient capacity exist to allow connection? [[]Yes [No b) If Yes, will improvements be necessary to allow connection? []Yes ~'No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? []Yes 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 [~Yes :~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? L~Yes ~]No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by. project sponsor 0 b. Project acreage to be developed: 40.8+ acres init'[ally; 40.8+ c. Project acreage to remain undeveloped CI acres. d. Length of prolect, in miles: t~/A (if appropriate) e. if the prolect is an ext ns[on indicate percent of expansion proposed 0 f. Number o~ off street parking spaces existing 3 ; proposed _ "75 g Maximum v~ ~icular trips generated per hour (upon completion of projL, ct)? h. If res[den al Number and type of housing units: One Family Two Family Multiple Family Ultimately __.36 2 i. Dimens~ons(~n feet) of largest proposed structure . height;__ width;_. j Linear feet ot frontage along a public thoroughfare project will occupy is? 3 acres, acres ultimately. Corldommium length. 2. How much natural mate,,_l (i.e., rock, earth, etc.) will be removed trom the site? 0 tons/cubi~: yards 3. Will disturbed areas be reclaimed? OYes [No []N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? [~Yes I-]No c. Will upper subsoil be stockpiled for reclamation? ~Yes ONo How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? 0-1Yes ~-INo 9. Number of jobs generated: during construction 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? If single phase project: Anticipated period of construction N/A If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase I month c. Approximate completion date of final phase month d. Is phase I functionally dependent on subsequent phases? [Yes Will blasting occur during construction? I-lYes ~No months, (including demolition). [-1No year, (including demolition). year. ; after project is complete [qYes ~]No If yes, explain 12. ]s surface liquid waste disposal involved? I~Yes :~No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? OYes x~3No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain I-lYes ~No N/A 15. 16. Is project or any portion of project located in a 100 year flood plain? OYes Will the project generate solid waste? []Yes ~No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? OYes ~2No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. if Yes, explain xl~No I~Yes I~No 17. Will the project involve the disposal of solid waste? [Yes l~No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? [Yes E~d~o 19. Will project routinely produce odors (more than one hour per day)? E3Yes 20. Will project produce operating noise exceeding the local ambient noise levels? 21. Will project result in an increase in energy use? bYes EENo If yes , indicate type(s) Electricity ~]No OYes [~No 22. If water supply is from wells, indicate pumping capacity N/A 23. Total anticipated water usage per day N/A gallons/day. 24. Does project involve Local, State or Federal funding? I~Yes If Yes, explain gallons/minute. ~3No 4 25. Approvals Required: City, Town, Village 8card ~]Yes ~]No City, Town, Village Planning Board E3Yes [~No City, Town Zoning Board [Yes I~No City, County Health Department E~Yes ~]No Other Local Agencies [Yes ~]No Other Regional Agencies F~Yes []No State Agencies ~]Yes [~No Federal Agencies fi'lYes E3No C. Zoning and Planning Information Submittal Type Date 1. Does proposed action involve a planning or zoning decision? [Z]Yes :[~No If Yes, indicate decision required: ~]zoning amendment Ozoning variance [special use permit EZ]subdivision [~site p[an Chew/revision of master plan [resource management plan I~other 2. What is the zoning classification(s)of the site? 1 Acre Residential & Multi 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 36 One Family Dwellings & 2 Two Family Townhouses 4. What is the proposed zoning of the site? same 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? same 6 Is the proposed action consistent with the recommended uses in adopted local land use plans? [~Yes I~N( 7. What are the predominant land use(s) and zoning classifications within a ¼ mile r~dius, of proposed action? One Family Dwellings (1/4 Ac/1 Ac) Multi-Family- uszness Property 8. Is the proposed action compatible with adjoining/surrounding land uses within a ~¼ mile? []Yes [ZZ]N~ 9 If the proposed action is the subdivision of land, how many lots are proposed? 37 a. What is the minimum lot size proposed? ~' 1 Acre 10 Will proposed action require any authorization(s) for the formation of sewer or water districts? []Yes ~[~]Nc 11 Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? :J~ Yes E~No a. If yes, is existing capacity sufficient to handle projected demand? [~Yes E~No 12 Will the proposed action result in the generation of traffic significantly above present evels~ ~'Yes [~No a. If yes, is the ex~sting road network adequate to handle the additional traffic? OYes []No D. Informational Details Attach any additional information as may be needed to clarify your project If there are or may be any adverse impacts associated with your I)r)posa[ please discuss such impacts and the measures which ~,'ou propose to mitigate cE avoid them E. Verification I certd¥ that tho ~nforrnat~an provided above ~s true to the best ct my knowledge ::::::::::::::::::::: Coast,d A~-~a, and you ai'e a~te~lenc¥' complete the Coastal Assessment Form before proceeding 5 Pa, ---PROJECT IMPACTS AND Th .R MAGNITUDE Responsibility of lead Agency General Information (Read Carefully) · In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact wilt be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the thresJ'told of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3,. · The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cum{ative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers, c. If answering Yes to a question then check the appropriate box {column 1 or 2) to indicate the potential size of the impa.ct. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d, if reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND 1 Will the proposed action result in a physical change to the project site? E~NO []YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than 1 year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material {i.e., rock or soil) per year. · Construction or expansion of a sanitary landfill · Construction in a designated floodway, · Other impacts None 2 Will there be an effect t:. -..W u[~.que or unusual land forms found on the site? (ie., cliffs, dunes, geologic,~] formations, etc.)J~NO []YES · Specific land forms: 6 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] [~Yes I-]No [] [] []Yes []No [] [] I-lYes []No [] [] []Yes I-1No [] [] []Yes ~INo [] [] E~Yes []No [] [] []Yes []No ~ ~ ~Yes ~No ~ ~ ~Yes ~'~o IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 2.5 of the Environmental Conservation Law, ECL E~NO E3YES Examples that would apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: Non~ 4 Will proposed action affect any non-protected existing or new body of water? :[~] N O I-WES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: Hone 5 Will Proposed Action affect surface or groundwater quality or quantity? ~]NO [~YES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action · Proposed Action requires water supply from wells with greater than 45 ga[ions per minute pumping capacity · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conve,,.ed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day, · Proposed Action will likely cause siltation or other discharge into an existing body of waier to the exte:~t that there will be an obvious visual contrast to natural conditions. · Proposed Action will require the storage of petroleum or 'chemical products greater than 1,100 gallons, · Proposed Action will allow residential uses in areas without water and/or sewer serwces. · Proposed Action locates commercial and/or indt str al uses which may facilities · Other impacts:_ Nor~e 6 Will proposed action alter drainage flow or patterns, or surface water runoff? ][~]NO' QYES IExamples that would apply to column 2 · Propbsed Action would change flood water flows 7 I 2 3 Small to Potential Can Impact B Moderate Large Mitigated By Impact impact Project Chang [] [] ~]Yes liNc [] [] I-lyes i-INc I-] [] ~]Yes [[]]Nc [] [] [:]Yes I~Nc [] [] F'qYes I~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No · Proposed Action may cause substantial erosion. · Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality? [~NO fqYES Examples that would apply to column 2 . · Proposed Action will induce 1,000 or more vehicle trips in any given hour. · Proposed Action will result in the incineration of more than 1 ton of refuse per hour. · Emission rate of total contaminants will exceed $ lbs. per hour or a heat source producing more than 10 million BTU's per hour. · Proposed action will allow an increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: None IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ~NO [YES Examples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal list, using the site, over or near site or found on the site. ' Removal of any portion of a critical or significant wildlife habitat. · Application of pesticide or herbicide more than twice a year, ot[~r than for agricultural purposes. ' Other impacts: None Will Proposed Action substantially affect non-threatened or non-endangered species? ][:]NO []YES Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed Action requires the removal of more than 10 acres of mature forest {over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES Will the Proposed Action affect agricultural land resources? [2]:NO [YES Examples that would apply to column 2 Tire proposed action would sever, cross or limit access to agricultural ',and (includes cropland, hayfields, pasture, vir~eyard, orchard, etc.) Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change E~]Yes I~No I--lYes [-INo ~]Yes [-}No I-lYes E]No E~]Yes' I-[No [:]Yes [--[No ~-]Yes I--]No I-lYes I--lNo [:]Yes [:]No I~Yes ~]No I~Yes [~No [~]Yes [~]No E]Yes J-]No E]Yes E]No ~No ~No [~Yes I~No 8 · Other impacts: · Construction activity would excavate or compact the soil profile of agricultural [and. · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. · The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? [~NO [YES (if necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: ~o12e IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ~]NO []YES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site hsted on the State or National Register of historic places · Any impact to an archaeological site or fossil bed located within the prolect site ' · Proposed Action will occur in an area designated as sensitive i~or archaeological sites on the NYS Site Inventory. · Other impacts:__ NoI2e IMPACT ON OPEN SPACE AND RECREATION 13 Will t'roposed ,'\(tion affect thc, quantity or quality of existing or future open spaces or recreational opportun t es? Examples that would apply to column 2 ~]NO [:]YES ' The permanent foreclosure of a future recreational opportun~:y · A malor reduchon or an open space important to the community. · Other impacts: None 1 Small to Moderate Impact 2 Potential Large Impact 3 loan Impact Be Mitigated By Project Change I-lYes I-~No E]Yes ['-]No r-lYes I--]No I--lYes f-lNo I'-]Yes [~No [~Yes I--]No [~Yes r-]No E]Yes [-~No FqYes ~]No [~Yes [~]Yes [~No [~]Yes ' [~No [~]Yes [~No [~Yes [~].No [~Yes ~]No IMPACT ON TRANSPORTATION I 2 Small to Potential 14. Will there be an effect to existing transportation systems? Moderate Large E~NO [~YES Impact Impact Examples that would apply to column 2 · Alteration of present patterns of movement of people and/or goods. [] [] · Proposed Action will result in major traffic problems. [] [] · Other impacts: ],lone IMPACT ON ENERGY 15. Will proposed action affect the community's sources of fuel or energy supply? [~NO ~]YES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. · Other impacts: NOl'l.e NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? []NO F']YES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinely [more than ~ne hour per day). · Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a noise screen. ' Other impacts: IMPACT ON PUBLIC HEALTH 7. Will Proposed Action affect public health and safety? [~NO [~YES Examples that would apply to column 2 Proposed Action may cause a risk o{ explosion or release of hazardous substances{i.e, oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating infect ous, etc.) ' Storage facilities for one million or more §allons of liquified natural ~as or other flammable liquids. Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous Otber 'impacts: None 10 Can Impact Be Mitigated By Project Change t-lYes []No []Yes []No [~]Yes I'-INo [] [] []Yes [~No [] [] [-]Yes ~]No I~Yes []No [] [] [~Yes ~]No [] [] []Yes []No [] [] []Yes [~No [] [] []Yes ~]No [] ~ ~Ye~ ~No [] [] []Yes [~No [] [] E~Yes E~No [] [] E~Yes [~No [] '~ ' [] []Yes []NO ~ ~ ~Yes ~No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community~ I~NO [Z]YES Examples that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. Proposed action will conflict with officially adopted plans or goals. Proposed action will cause a change in the density of land use. Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will create a demand for additional community services (e.g. schools, police and fire, etc.) Proposed Action will set an important precedent for future proiects. Proposed Action will create or eliminate employment. Other impacts:. None 1 2 3 Small to Potential Can Impact I Moderate Large Mitigated B Impact Impact Project Chan [] [] I-lYes l~h [] [] ~--]Yes [2Ih [] [] [-')Yes [~]N [] [] []Yes I-IN [] [] []Yes I--IN [] [] []Yes []N [] [] []Yes []N [] [] []Yes I--IN [] [] []Yes [Z]N, 19. Is there, or is there likely to be, public controversy related to potential adverse environmental mpacts? [~NO E]YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered lo be potentially large, even if the impact(s) may be mHigated. Inslructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3 Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: · The probability of the impact occurring · The duratron of the impact ' · Its irreversibility, including permanently lost resources of value · Whether the impact can or will be controlled · Tile regional consequence of the impact · Its potential divergence [rom local needs and goals · Whether known objechons to the project relate to this impact. (Continue on attachments) 11 617.21 t.-]4.~] I: 37)-9c SEQR ' Appendix B Slate Environmental Quality Review Visual FAF Addendum L This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-]/4 V4-V2 V2-3 3-5 5+ · A parcel of land which is dedicated to and available [] [] [] [] [] to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? · An overlook or parcel of land dedicated to public [] [] [] [] [] observation, enjoyment and appreciation of natural or man-made scenic qualities? · A site or structure listed on the National or State [] [] [] [] [] Registers of Historic Places? · State Parks? [] [] [] [] [] · The State Forest Preserve? [] [] [] [] [] · National Wildlife Refuges and state game refuges? [] [] [] [] [] · National Natural Landmarks and other outstanding [] [] [] [] [] natural features? · National Park Ser~,ice lands? [] ,~ [] [] [] · Rivers designated as National or State Wild, Scenic [] [] [] [] [] or Recreational? · Any transportation corridor of high exposure, such [] [] [] [] [] as part of the interstate System, or Amtrak? · A governmentally established or designated interstate [] [] [] [] [] or inter-county foot trail or one formally proposed for establishment or designation? · A site, area, lake, reservoir or highway designated as [] [] [] [] [] scenic? · Municipal park, or designated open space? · County road? · State? · Local road? [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] 2. Is the visibility of the project seasonal? (i.e., screen'ed by summer foliage, bnt visible during other seasons) L~Yes []No 3. Are any o[ the resources checked in question ] used by the public during the time of year during which the project, will be visible? :~Yes []No :: DESCRIPTION OF EXISTING VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the environment. surrounding Within · i/,~ mile *1 mile Essentially undeveloped [] [] Forested [] [] Agricultural [] [] Suburban residential [] [] Industrial [] [] Commercial [] [] Urban [] [] River, Lake, Pond [] -[--I Cliffs, Overlooks [] [] Designated Open Space [] [] Flat [] [] Hilly [] [] Mountainous [] [] Other [] [] NOTE: add attachments as needed 5. Are there visually similar projects within: *V~ mile []Yes []No *1 miles I'~1 Yes []No *2 miles []Yes []No *3 miles '[]Yes []No * Distance from project site are provided for assistance. Substitute other distances as appropriate. EXPOSURE 6. The annual number Of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknbWn, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work [] [] [] [] Involved in recreational activities [] [] [] [] Routine travel by residents [] [] ' [] ~' At a residence [] [] [] [] At worksite [] [] [] [] Other. [] [] [] [] To thc Planning. Board of thc Town of Southold: . The undersigned applicant hereby applies for (tentative) (f{naI)approvaI of a subdivision i accordance w/th Article I6 of the Town Law and the lRules and ReTulatlons of the Planning Board, and represents and states as follows: I. The applicant is the OWner of record of the land under application. (If the applicant is OWner of record of the land under application, the applicant shall state his interest in land under application.) 2. The name of the subdivision {s to be Summit Estates - suggested.) The entire land under application is described in Schedule "A" hereto annexed. (Copy of 4. The Iand is held by the applicant tinder deeds recnr ed iu Suffolk County Clerk's off~c~ follows: ' ' I~ibcr .. 9976 456 ........... Page ............. ......... On Dec. 30. 1985 Liher ........................ Page Liber .. ' ................. On ...................... Page Libor ....................... On ..................... ............. Page ...................... On ............. Liber . . . ....... ..................... ~'e ...................... On as devised tinder the East \Vill and Testament of .... Ig,/g. ............................ or as d[stributee ...................................................................... 5. The area of the land is .... 4.0.82+ .............. 6. All taxes which are liens on the land at the date hereof have been paid except N/3. · m and is encumbered by ' ....... mortgage (s) as follows: " .............. (a) Mortgage recorded iii l'.iber ......... ..... Page . . . of $ .............. unpaid alnmlnt $ ................. m or*~hial amoun ..................... hchl by address ' (b) Mortffa~e recorded in Liber .. Page ......... r~£ .............. unpaid .:.~. .............. in original amOUnt alnottut ,q ...................... hem by ..... ,. '' .............. address .................. ZENA KAPLAN and RHODA KAPLAN to GUSMAR REALTY CORP. Schedule A ALL ti~at certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in or near the Hamlet of East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the point of intersection of the southerly line of Main Road with the westerly line of Shipyard Lane and running thence along said westerly line of Shipyard Lane, the three following courses and distances: 1) South 36 degrees 36 minutes 10 seconds East, 2) South 35 degrees 56 minutes 30 seconds East, 3) South 35 degrees 41 minutes 30 seconds East, of Parkside Heights Co.; 833.33 feet; 832.52 feet; 43.12 feet to land Thence along said land of Parkside Heights Co., the four following courses and distances: 1) South 55 degrees 16 minutes 00 seconds West, 293.40 feet; 2) South 35 degrees 41 minutes 30 seconds East, 600.00 feet; 3) South 55 degrees 16 minutes 80 seconds West, 206.73 feet; 4) South 11 degrees 49 minutes 30 seconds West, 529.00 feet, more or less, to ordinary high water mark of Gardiner's Bay; Thence westerly along said high water mark, 100 feet, more or less, to land of Kavanaugh; Thence along said land of Kavanaugh, the four following courses and distances: 1) North 11 degrees 49 minutes 30 seconds East, or less; 2) South 85 degrees 45 minutes 20 seconds West, 3) North 33 degrees 30 minutes 50 seconds West, 4) South 58 degrees 49 minutes 10 seconds West, now or formerly of Dawn Estates, Inc.; 467.00 feet, more 250.00 feet; 427.54 feet; 87.89 feet to land Thence along said land of Dawn Estates, Inc., other land of Kavanaugh and land of North Fork Equities, Inc., North 33 degrees 22 mi,utes 50 seconds West, 812.15 feet; Thence continuing along said land of North FOrk Equities, Inc., North 34 degrees 34 minutes 40 seconds West, 1,067.74 feet to the southerly line of Main Road; Thence along said southerly line of Main Road, the three following courses and distances: 1) North 71 degrees 44 minutes 30 seconds East, 93.75 feet; 2) North 77 degrees 42 minutes 30 seconds East, 221.37 feet; 3) North 64 degrees 53 minutes 30 seconds East, 60.00 feet, more or less, to land of State of New York: Thence along said land of State of New York, the five following courses and distances: 1) South 32 degrees 19 minutes 20 seconds East, 2) North 57 degrees 40 minutes 40 seconds East, 3) North 32 degrees 19 minutes 20 seconds West, 4) South 57 degrees 40 minutes 40 seconds West, 5) North 32 degrees 19 minutes 20 seconds West, said southerly line of Main Road; 506.58 feet: 300.00 feet; 300.00 feet: 265.00 feet; 202.15 feet to // Thence along said southerly line of Main Road, cou~ses and distances: 1) North 64 degress 53 minutes 30 seconds East, or less; 2) North 57 degrees 40 minutes 40 seconds East, the point or place of BEGINNING. the two following 20.00 feet, more 430.21 feet to -2- (c) Mortgage recorded in Liber .............. Page ................ in original an of .............. unpaid amount $ ........ - ......... held by ................. ...................... address 8. There are no other encumbrances or liens against the land except N/A 9. The land lies in the £ollowmg zoning use districts RR- t2- 40 i0. No part of the land lles under water whether tide water, stream, pond water or ofl~erwise, cept N/A 11. 'The applicant shall at his expense install all required public improvements. 12. The land ('does) (~im~:,{~10 lie in a \Vater District or \Vater Supply District· N,~me o~ 12 trict, if w/thin a District, is . .G.r..e~npor..'c .Wia.L¢.r.. District 13. \Vater mains will be laid by ...Clwrtq~.r .. . ............................... and (a) (no) charge will be made for installhl~r sa d mains. 14. Electric lines and standards will be installcd )v L.I.L.C.O lines. ' ........... and (a) (no) charge will be made for installing- sa 15. Gas mains will be insta!!ed bv N/A., and (a) (no) char=e will be made for hlstalling said mains. '" =.16. If streets shownon the plat areola ucd bv the applicant to be existing public streets in ti Suffolk County Ilighway 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 th Town of Southold [Iighwav svste ~, annex Schedule "C" ' ' ' hereto to show same. 1,~. There are no existing build ~k~s or :<tructurcs ot~ the land which a~e not located and show on thc plat.' c'xist/t~4 maps at their conjunc ires w/th the Proposed st~ts. 20. In iht: course of thcnc procccdi ~4s thc al,i)Iicant xxil[ ,,i(cr pn~,f of t/He as required by Sec. ,135 ,jr tim 14cai Propsrty I,aw. Sci:cdt:It "D". 22. The applicant estimates that tile cost of grading and reqoired pobllc improvements will S .......... as itemized in Schedule "E" hereto mmexed and requests that the mzturity Performance Bond be fixed at '' .............. years. The Performance Bond will be writter a licensed surety company unless otherwise shown on SchcduIe "F". DATE .... (Name of Applis~nt) (i,gnature ............ and Tit' l~-'r ............... (Address) ST:(TE~ O.F XE\V YORK. COUNTS' OF On the .................. day of... .......................... , 19 ....... before mc personally car ............................................ to me known to be thc individual described in and wl executed the foreg'oing Jnstrurncnt. and acknowleciged that ............ e×ccutcd the same. Notary Public ............... ' ......... to me known, who being by me duh- swm-n did d( ............................ th:tt thc corp,~ratiuu described in ami which vxecutcd thc f,.','z~i.g iustrtm~cnt; that . ..~j... know~ thc .t':d o(said t~rp~rathm: that thc sca] a~(ixcd by order f the bt}h~ lt~f dircctors of said corporath,n ......................... name thereto byl/kc order. :~,, Xotary Public :party of the first part, and CONSULT YOUR LAWYER : SIGNING THIS INSTRUMENT -THIS INSTk~i~ SHOULD BE USED JY LAWYERS q.~ILy THIS 1~~, made the 30th dayo~ December , ~i~et~ h~dt~d and eighty-five BE~EEN ZENA KAPLAN, presently residing at 26 Dawn Drive, Smithtown, New York, and RHODA KAPLAN, presently residing at 115 Lakeshore Drive, North Palm Beach, Florida, ~ ~ ~ ~ ~ ~~ 3 , ~ ~ ~ ~] GUSMAR REALTY CORP., a domestic corpdration with an office at 1307 37th Avenue, Long Island City, New York, DISTRICT 1000 SECTION 035.00 BLOCK 08.00 LOT 005.003 DISTRICT SECTION BLOCK LOT party of the second part, WITNF_..SSETH, that the party of the first part, in consideration of Ten Dollars ($10.00) and other good and valuable consideration ............................... lawful money of the United States, by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or ~uccessors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in tk~ or near the Hamlet of East Marion, Town of Southold, Gounty of Suffolk and State of New York, as described in "Schedule A" attached hereto and made a part hereof. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by Deed dated July 27, 1979, recorded in the Suffolk County Clerk's Office on August 1, 1979, in Liber 8668, at Page 77 and by Deed dated February 16, 1968, recorded on February 21, 1968, in Liber 6307, at Page 254. The party of the second part has simultaneously herewith executed and delivered a Purchase-Money Mortgage in the amount of Four Hundred Thousand Dollars ($400,000.00), intended to be recorded simultaneously herewith. I. ZENA KAPLAN and RHODA KAPLAN to GUSMAR REALTY CORP. Schedule A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in or near the Hamlet of East Marion, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the Doint of intersection of the southerly line of Main Road with the westerly line of Shipyard Lane and running thence along said westerly line of Shipyard Lane, the three following courses and distances: 1) South 36 degrees 36 2) South 35 degrees 56 3) South 35 degrees 41 of Parkside Heights minutes 10 minutes 30 minutes 30 Co.; seconds East, 833.33 feet; seconds East, 832.52 feet; seconds East, 43.12 feet to land Thence along said land of Parkside Heights Co., the four following courses and distances: 1) South 55 degrees 16 minutes 00 seconds West, 293.40 feet; 2) South 35 degrees 41 minutes 30 seconds East, 600.00 feet; 3) South 55 degrees 16 minutes 00 seconds West, 206.73 feet; 4) South 11 degrees 49 minutes 30 seconds West, 529.00 feet, oz less, to ordinary high water mark of Gardiner's Bay; more Thence westerly along said high water mark, 100 feet, more or less, to land of Kavanaugh; Thence along said land of Kavanaugh, the four following courses and distances: 1) North 1i degrees 49 minutes 30 seconds East, 467.00 feet, more ox less; 2) South 85 degrees 45 minutes 20 seconds West, 250.00 feet; 3) North 33 degrees 30 minutes 50 seconds West, 427.54 feet; 4) South 58 degrees 49 minutes 10 seconds West, 87.89 feet to land now or formerly of Dawn Estates, Inc.; Thence along said land of Dawn Estates, Inc., other land of Kavanaugh and land of North Fork Equities, Inc., North 33 degrees 22 minutes 50 seconds West, 812.15 feet; Thence continuing along said land of North Fork Equities, Inc., North 34 degrees 34 minutes 40 seconds West, 1,067.74 feet to the southerly line of Main Road; Thence along said southerly line of Main Road, the three following courses and distances: ]) North 2) North 3) North less, 7] degrees 44 m~.nutes 30 seconds East, 93.75 feet; 77 degrees 42 minutes 30 seconds East, 221.37 feet; 64 degrees 53 minutes 30 seconds East, 60.00 feet, more to land of State of New York; Thence along said ladd of State of New York, the five following courses and distances: 1) South 32 degrees 19 minutes 20 seconds East, 506.58 feet; 2) North 57 degrees 40 minutes 40 seconds East, 300.00 feet; 3) North 32 degrees 19 minutes 20 seconds West, 300.00 feet: 4) South 57 degrees 40 minutes 40 seconds West, 265.00 feet; 5) North 32 degrees 19 minutes 20 seconds West, 202.15 feet to said southerly line of Main Road; or Thence along said southerly line of Main Road, the two following courses and distances: 1) North 64 degress 53 minutes 30 seconds East, o]~ less; 2) North 57 degrees 40 minutes 40 seconds East, the point or place of BEGINNING. 20.00 feet, more 430.21 feet to -2- TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to' the eerlter lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to .,mid premises, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply tile same first to the payment of the cost of the improvement before using any part of the total of the same for aay other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written° . h~ PRESENCE OF: / Zena Kaplan 'R, hoda Kaplan~/ · 9976 460 STATE OF NW YORK, COUNTY OFS OLK On the 6th day of January, 19 86, before me personally c~ne ZENA KAPLAN FLORI~ SS: STATE OF ~L~.~ONTY OF F~/~ ~e~c,/~ SS: Onthe .~ O dayof ~'~J~ccz-,,,./~, 19 /~-5'~ before me personally came RHODA KAPLAN to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. ,iO'I'A. ~¥ .~UJLI(~, '"TATE OF NEW YORK t40 52-'4524117, QUAL. IN SUFFOLK CO SS: ~STATE OF NEW YORK, COUNTY OF On the day of 19 , before me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No. that he is the ; of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. STATE OF NEW YORK, COUNTY OF SS: On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows ; to be the individnal described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. Bargain att ale WITH COVENANT AGAINST GRANTOR'S Ac'rs TITLE NO. ZENA KAPLAN and RHODA KAPLAN TO GUSMAR REALTY CORP.' TITLE INSURANCE Retom to: 'l SECTION BLOCK LOT COUNTY OR TOWN Recorded at ReClUe~t o! /,CHICAGO TITLE INSURANCE COMPANY Return by Mnil to / Paul A. Caminiti, Esq. 54075 Main Road P.O. Box 992 Southold, New York 11971 Zip No. 047537 RECEIPT JUDITH T. TERRY, TOWN CLERK Phone~ 516-765-1801 DATE ~ t36 ],97 0~ Receipt t~or Certifie~l Mail No Insuran~l~oCOVerage Provided Do not us r Internationa~ Mail (See Reverse) / 'Donn~ Geraghty .... l~10 Front St. Greenport, NY 1194 358 217 37S R~ceipt fop C(~rtified Mail 136 ],97 BUG Receio~; for Certifi4id Mail No Insurant~e Coverage Provided Do not US~re~for International Mad (See Rev ) itestricted Dehve,¢ Fee $ Planning Z 1,36 197 014 Receipt for Certified Mail No Insurance Coverage Provided Donna Geraghty s'">~'~'i~Torian Realty Corp. ]] Greenport, NY 11944 RetL~rr, R~{ei/)l ShOWITIf] ~ /~ le your RETURN ADDRESS completed ~ SENDER: ~ ~ _ -oom~e~e nema, a~or 2 ~- add*or~ ,r~e.. ' also wish to receive tt /7 Date of pe,ve~ ~ ~ I ~dfeeispaid) ~ 6. Signa~rA~m.e~or~t) ~ PS Fo~ 381 I o~er , 1~ / 102595 97-B-0179 Domestic Return R~ ~ Donna Ge~. ht~ f ' - ' c r ~ g 3 4b. Se~i~ Type ~ ~o F~o~ S~. ~c~.~ ~ coo ~ ~:eenp~:~, jy :~9~ ~ Ex~ess Mail ~ ReturnMerch~ndi~e~Recei 5: e~,ture .... Thank you for u.~ ~rn ~ce,~ ' ~/~ ~~ 8. A~'s Address (Only if rea~ ( ' / ~ andf~spmd) - ~r~~t~on~~ 6. Signatur~gent) ~<~ =' m FO,m ~31. D~.,~ lee~3. A~c~e Addressed to: ~ u.~.*.~.o~ ~fiS~lC ~U~N ~Ci ~'°~°~ A~cle Number 0 0 ~ Vitro ri~n~,,~ 4b. Sewrce Type I~0 Front ~- ~fc~np~ N~ ~1~ O RetumRe~iptfor~mhandi~ O COl 7. Date of Delive~ ~ 5. Rece ved By (PMnt Name) 8. Addre~ee's Address (Only if request . ,~ and fee is paid) 6. Sign~rp: (Addre~ee or Agent) ~ ~'~ · PS FO~ 3811, December 19~ ~ 'o~sgs~7 ~ o~79 Domestic Return Re( D Return R~i~ for Me~ O CO ~ ~eiv~ By:/P~nt-~a~) 8. Addressee's Address (Onlyffrequea = 6. Slgna~e: (A~m~ee orient) Ps Fo~ ~11, D~em~r 1994 ~0~59~ 97 B.0179 Domestic Return Re, ~k y~ for us~ Return Re~i~ LONG ISI_.AND LIGHTING COMPANY Direct Dial Number: (516) 548-7044 April 27, 1992 Victorian Realty I 110 Front Street ~ Greenport, NY 1194{ Re: Reference #57252-14 Project: Summit Estates (Phase 1) Location: East Marion Lot #18 thru 21 & 24 thru 27 Total Units: 8 Land Developer Gentlemen: This is in response to your request for underground electric facilities to serve the above project. Enclosed is a copy of "Exhibit A" which represents the route and extent of our proposed facilities. PAD MOUNTED ABOVE-GRADE TRANSFORMERS ARE THE COMPANY STANDARD INSTALLATION. ANY REQUEST OR MUNICIPAL REQUIREMENT FOR BELOW-GRADE TRANSFORMERS WILL BE SUBJECT TO AN ADDITIONAL PAYMENT OF $1,628 PER TRANSFORMER PLUS SALES TAX. The following charges have been determined as your contribution toward the cost for underground: a) FREE ALLOWANCE 8 Dwelling Units X 100' = 800' b) CONNECTION AND DISTRIBUTION FOOTAGE (in excess of free allowance) = 61' c) CHARGE FOR EXCESS FOOTAGE (b) 61' X $20.60/ft. (non refundable) = $ 1,256.60 d) Plus 8% Sales Tax = $ 100.53 e) POTENTIALLY REFUNDABLE CHARGE 8 Dwelling Units X $2,060 / Unit = $16,480.00 I - U.G. Installation with Pad Mount Transformers (c + d + e) = $17,837.13' f) BELOW-GRADE TRANSFORMERS (If required) 1 Transformers X $1,628/Transformer g) Plus 8% Sales Tax = $ 1,628.00 = $ 130.24 II - Below-Grade Transformer Charge (f + g) = $ 1,758.24 III - U.G. Installation with Below-Grade Transformers (I + II) = $19,595.37' The charges quoted herein are in accordance with LILCO's currently filed tariff, PSC No. 7-Electricity, and will be valid only for those facilities which qualify (as defined hereafter) for installation within 30 days of the effective date of any future tariff changes. *Please make payment by certified or cashier's check only. FC-8689.4-55 -2- Facilities will qualify for installation when: a) Payment of charges has been received by LILCO prior to the effective date of tariff changes, and b) In the case of Distribution Mains: You have provided a clear unobstructed easement route or right-of-way, graded to within 6" of final grade, and You have installed curbs and all other proposed underground facilities, such as sewer, drainage, water mains, and water taps, also You have cleared, final graded, and made free of obstructions the pad mount transformer locations as indicated on "Exhibit A". The locations must be, at the same grade as the road area. These trans- formers cannot be installed on or in embankments. If the locations shown on "Exhibit A" will not meet these specifications, notify us after receiving this proposal so we can mutually make appropriate adjustments. In the event of a rate change in our filed tariffs covering underground charges, LILCO shall determine, in accordance with the above guidelines, what portion of its facilities qualified to be installed at the charges quoted herein. Pad mount transformers will be installed in accordance with Exhibit T," attached. Please note the relationship of the transformer to the street and side property lines, as well as the clearance requirements. Each service lateral within the lot line and running to the building shall be installed either by the Company at the applicant's expense, or by the applicant, if he so elects, in accordance with the Company's specifications. In the event that there is a proposed tariff revision, you will be notified in writing by LILCO of such revision fifteen (15) days prior to the effective date of the new charges. The Company is required to file with the PSC, each year on February 1, its historic cost for the installation of underground electric facilities. This report will usually be accompanied by proposed changes in tariff charges, which may become effective as early as 30 days thereafter. When underground electric service is connected to a ~welling unit from the distribution line in a subdivision within a ten-year period, a refund will be made to the subdivider. Refunds will be made semi-annually in the amount indicated in item "e" (shown on the preceding page) for each new dwelling unit. The subdivider's contribution will be non- interest bearing and nn¥ portion remaining unrefunded after ten years will be retained by LILCO. Underground electric installations are made jointly with telephone facilities and trenching may be performed by either company. Proper sequencing of your construction and compliance with our requirements will aid us in meeting your schedule. You should schedule roadway pavement and sidewalks to follow our installation. -3- We suggest that you avoid requiring our installation during periods when the ground may be frozen, which will necessitate extra charges. When six inches or more of frost in encountered, additional charges are imposed for trenching service laterals. Distribution lines installations will cease when frost exceeds eighteen inches. If you have any questions concerning this project, please contact Mr. A. Serravillo at 548- 548-7044. Very truly yours, E. W. Case, Manager Customer Design & Engineering Eastern Suffolk Division Customer Design Services Dept. EWC/vn Enc. "EX][IBIT T" Location of Pad Mount Facilities ~Front Clear working space of 10' minimum shall be maintained in front of terminal compartment and 5' minimum between transformer and ~dJacent structures or pl~tings. Front of transformer will face away from building. T -7/22/E~0 - JM LETTER OF AOREEMENT THIS AGREEMENT. made as of the 24th da,',' of July 1992 b,..t.ween Now Yor'k Telephone, a corl,oratJon organized and exJ ;t under' the ]a~s of' [he ShaLe of New York, having ils prJnclp:t.[ of'['ice 8t ]095 Avenue oF him Amer'icas~ New York, New York and Gusnm, l:' Realt3 Corporation a corl,ot':~[ .i,m or'~:n~i:;ed and ex:i. sLi. ng uHdel' Of' NeW ¥,,1'1{, [tHd }lf~L:kllg iLS principal office Long Islaud CiLy, N.Y. and hereinafter called the company. WIlEREAS, New York Telephone will provJ, de undergrouml distrJbut. J on lines in conformance wiLh the Public ServSce Commiss ion ' s Phase I ~tl] Os [of [Jllder'gl'olllld Exkensions: for ReS i (lotlLJ al Subdivision and WIIEREAS, the company wishes to be provided witll tlllder';41'oultd dJstribttLion l. Jnos on ils pl'ol)el'Ly ill toll['( tqll~tll, {~ wilh t'h,'~o rules. NOW, THEREFORE. Lhc l)~tr'ti, ot4 hel'~'Ln menl:ionod i]~ ~ hi' lotLet' oF Agreement agree Lo the Lerms and con(tit, ions ~-; f'o [ Iows: FIRST, the company will provide a perfomnance del>OS in t. he arno,mi of S1,980.00 to be Furnished bofor'e Ihe r~ta~'l of' t:onslt'uctkon of leleph;mo faciliti, e':; I:,o 10 lots al_¸ EasL Marion .>E(OdD, New York Telephone will z'efund to khe t Omlm :y upot~ net if leal Jori and yet'if lear. ion of compleked and ec:('ul,i(,,~ ,~ildJne units I,he amounL o[' $198,00 pe]' building lot, !,[us interest . TIIIRD, any l,orLion o[' [.he de}:,osiL Fenlt:tinJng [']xe yeors; ft'om Lhe dat.o New Yot'k Telephone t'~,~til~' ~:ptvic,e fl'Oln Lbo afor'ementioned undergFUnlld di'.-;I ['iht;~ ion linc:s, ~'hall bu t't, tained b:: New Yor'k Telephone. FOP Comp . .-,1 ,~JED Man~tger Fn~ineeri g ; ,-w York Te]cl',h~ T:i tie (Ret.:n to: Diane Busch]e) koont £09 - 501 No]-t Oce~l Z"o 516 ' r-81,11 ,; 9 1993 9 . ~ TAX MAP ORDER (S C .~.~L ~L~;~;~,~.~ Effect~e 1~-76 ~e~ 1/~ Re~ut~ NO. 21~. ~ 9/ ~9 R~ ~ 1~2-~) NO. 52066 TAX MAP' INDEX~MICROFICHE CATEGORY PRICE COL. ! COL. 2 COLUMN TOTAL SECTION /~ C~ ALPHA F-) NUMERIC SHEET:~ I_._~ OL~TRICT TFROM SEC. BL. LQTT TO SEC. BLLOT S~ZE B. C, O . KEY MAP- REGULAR $ 35.00 KEY MAP - OPAQUE $175.00 35mm APP, CDS. 6/I ED. $ 1.25 35mm APP. CDS. WKL¥, $ 1.25 MICROFICHE CERTIFICATION (Sec. Sh. $ 20.00 INDEX SHEET TOTALS TOTALS Q FEES DtSTRICT T SECTION! Y COLUMN 1 $ .~' ~J COLUMN 2 COLUMN 3 POSTAGE I--Ic ASH ~,~,J.~f=l EC K ,/ ??'~ I--I MONEY ORDER SPECIAL INSTRUCTIONS ] ACCOUNTS RECEIVABLE PURCHASE ORDER NO: ] NO CHARGE - - NEW YORK STATE AUTHORIZED FORM IS ATTACHED ] NO CHARGE - - INTERDEPARTMENTAL AUTHORIZED FORM IS ATTACHED GELIVERY INSTRUCTIONS / Check AODro~riate BOX Initial an,d,,.D~te *TAX MAP COSTS SIZE 8 SIZE C SIZE O EAOH SECTION $4.00 $5.00 $15.00 **FULL TOWN $2.00 $2.50 REAL COUNTY OF PROPERTY TAX SUFFOLi SERVICE AGENCY CERTIFICATE OF COMPLIANCE WITH REAL PROPERTY TAX LAW SECTION 503 SUBD. 7 The Suffolk County Legislature enacted resolution no. 808-1991 on November 4, 1991 authorizing fees as set forth in Real Property Tax Law Section 503 subd. 7. I have reviewed the attached document and collected the fee as set forth below: Map InformatiOn Name: -.S~ ~ ~.,-] / "~ Owner: ~-~n~2 Su~eyor: ~uu~ Affected Tax Map Parcels DISTRICT SECTION BLOCK LOT _ O¢/.0o _ o(~J;coS DATE TYPE OF DOCUMENT: ~;~¢'New Subdivision Map [] New Condominium [] Correction [] Abandonment [] Other NEW TAX MAP NUMBERS REQUIRED: LOTS:_ RESERVED AREAS: ROADS:. One through three lots - $25.00 Four through nine lots -$50.00 Ten or more lots - $100.00 No Tax Map changes required - No Fee TOTAL: /¢,¢,, FEE PAID This certificate only approves the document with respect to compliance with Real Properly Tax. Law Section 503 subd. 7. No other approval as to completeness, legality, compliance with any local or state statues or regulations or any other approval or requirements for processing by this department, shall be deemed satisfied by this certificate. 300 CENTER DRIVE RIVERHEAD, NEW YORK 11901-3398 1516) 852-1550 (FAX) 852-1556 PART 1 - COUNTY CLERK PART 2 - CUSTOMER PART 3 - ACCOUNTING CONTROL # 48-109: 1/82cb PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 May 25, 1993 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOT~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Donna J. Geraghty Victorian Realty Corp. 11 West Main Street Riverhead, New York 11901 RE: Proposed Major subdivision Summit Estates East Marion SCTM# Dear Ms. Geraght¥: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, May 24, 1993: Be it RESOLVED to adopt the Engineering Inspector's report dated February 25, 1993. The additional information requested in the report was presented in a letter dated May 19, 1993 from Donna Geraghty. Be it RESOLVED to adopt the supplemental bond estimate dated February 25, 1993, and to recommend same to the Town Board. Although the subdivision has been designed in three (3) sections, the bond estimate has been calculated in two (2) phases; Phase I and Phase II. (These are to take the place of the original bond estimate adopted by the Town Board on March 24, 1992.) The bond estimate for Phase I is in the amount of $289,445.00, with an inspection fee in the amount of $17,367.00. The bond estimate for Phase II is in the amount of $169,030.00, with an inspection fee in the amount of $10,141.00. Please contact this office if you have any problems regarding the above. Sincere ly, Richard G. Ward Chairman Encl. cc: James Richter, Engineering Inspector PLANNING BOARD MEMBERS Bennett Orlowski. Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 May 25, 1993 Judith T. Terry Town Clerk Southold Town Hall Southold, NY 11971 RE: Proposed Major Subdivision Summit Estates East Marion sc # Dear Mrs. Terry: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, May 24, 1993: Be it RESOLVED to adopt the supplemental bond estimate dated February 25, 1993, and to recommend same to the Town Board. Although the subdivision has been designed in three (3) sections, the bond estimate has been calculated in two (2) phases; Phase I and Phase II. (These are to take the place of the original bond estimate adopted by the Town Board on March 24, 1992.) The bond estimate for Phase I is in the amount of $289,445.00, with an inspection fee in the amount of $17,367.00. The bond estimate for Phase II is in the amount of $169,030.00, with an inspection fee in the amount of $10,141.00. Please contact this office if you have any problems regarding the above. Sincerely, Richard G. Ward "mS Chairman Encl. 77J-.570 ~ VIC~ORIAN ~~ com. "A Full Set vice Realty" 11 WEST MAIN STREET. RIVERi-~EAD, NY 11~ · (516) 389-8815- FAX (51e) 727.3707 .. 110 FRONT STREET, GREENPORT. NY 11~1,4. (516) 477-2730, FAX ¢5'leJ 477'~''~ , ;¢f;;~;~ OF'?_CZ OF T"-'.Z EZ, t(S~ "rO~,,'N O',F $OUT'~OLD MR. RICHARD G. WARD CHAIRMAN - PLfNNING BOARD TOWN HALL, $3095 MAIN ROAD $OUTHOLD, NEW ¥O~K 1197! Dear Mr. Ward: EAST AS per your reguest, I have revle~ed the Bond Estimate for the above referenced subdlv~sion. Zt ~S my understandin~ ~hat three separate ~hases. A~ per my last report da~ed 5/13/~12, it is my opin£~n that the road and drainage str~ctures ~houl, d be The amount Of work neOe~ary ~O e~s~r~ the proper opez'atio~ will. require a ~ubsta~]~ial a~oun~ of work in the area of the othe! two proposed phase~. For example, the constr~ction of the propc~e~ rechmr~e basin w~![ be necessary. The 4reina~e piping, manho]e~ an~ ca,cT, boxes located between Phase I an4 the Basin will seed to be constructed. This section of rot4 will also require cu~:b[n9 an~, at a min~um, the ~i~st lift of base asphalt to prevent e~Q$ion damage. It is with thi~ in mind that I have s~lit tee ~ropose~ Bond into two (2) ~h4$es. Encios,d you will find a copy of this Supplemental Bond for your u~e. ~ would ~u~$est t}~at ~he developer be asked tO s~,e¢ify exactly whet will be con~truc~e~ i~ ~hase one. The ma~ ~repared by Young ~ Yoking entitled "SUMMIT.E~T~T~$ g~CT!ON I" is ~ated 3/~1/92 a~d ~t does ~hOw the Right of-Way llmf~a. Wi1! the road and ~r~i~]age structures located w~thin these limits: be constructed in {ts entirety? W~ll all of the un4ergTound uti.li%i~: such as water and e!eotrlc be completed in %his a~ea O~ w~ll sectic~ of ros~ have to be ~orn up ~n th~ ~utuz'e to ma~ be prepared for this pro,oct since the original plans for the entLr~ sub~[visfon are ¢¢.mplete. ! wo~l~ sub, est, however, that a detailed 1/st, indicating ~he llml~s and ~uant~ties o~' the ltelns that will be iD¢!uded in phase one, sho~]14 be provide~.. rf yoG have I2HARLE~ CAi~DI3 & .¢ION, INC. 5iTE DEVELOI~M£NT (~16} 653-43~ Summ£.~ £s tal:~s $~ce Work Drainage Curbing - 1,9~0' Pav~ng 3,569 $.Y @ Stre ~ Trees 50 ~ $14r/Each Seeding - 26,871S.F, @ $.0~ '~.F, Subcon;rac~ing and manageme~ Total S 9,7'~ 7.00 , I, 096 O0 S i1,9~0.00 :' ~8 545 00 $ ? ,?50.00 $ 2 o ' cectton I S,.:[ton II -.~ctlon fTI al $ 84,5/;.,,,,, 316. O0 HWY. 5eccion I Ii /Sire Work /Drainage '~/ Curbing - 2,425' w/Paving 4,564 £.Y. @ $10.80/S.Y. Trees - 6] ~/Seeding 32,737 @ $145/Zach S,F. @ Suh¢ontract"~ng and management ~/S ire Work /Drainage - /Curbing- 1,080' Seedir.- 54,580 S,F. ~ $.C~5/S.F. ~/k charg~ B3~%n Planting - Subcontracting and ~a~agem~t - 5 c. L~JlL L Total Total 15,050.00 14,~50.00 49,291.00 8,845.00 ~,783.00 $106,9b~.~', $ 12,;~-;~ '. $ o '., .,~, . uO $ 20 $ 3 $ 4 639.00 $ 6 000.00 $_ 3,000.vO $ 0~t19/1993 12:~5 71~383~147 S~MIT'C~RT P. 4/4 8. 9. 10, 12. 1~. 14, 15. 16. 17o 18. Ill, 20. .21. 22. 24. 25. loc .~ 70 ,~ ~0 ,~ I00 ,~ I00 Z S5 ~ !o0 ~ ~oo ~ $5 ~ ~0 ~ 5o ~ go ~ $ 6,$60,00 I~,o0~,00 6,60~.00 ~l,O0~,O0 .. 12,0oq.o0 ~g,?Oa, oo 8,?$a. 0o 3,~0~.00 ll,aoo~oo 11,~$o~oo 2z,{~O,oo Z~,8~oio0 ~8,500;oo 1¢,$oo.io0 15,535.oo 2,090.00 1,ooo.oo ~,ooo.0o ~,750.~o l,$o0.~o 17,~?.00 $,3B5.00 2,080.00 9,4SO. O0 ]~3~0.00 13,??0,00 *, ?$0,.00 1,710.~0 1,000.00 6,000.00 1,750,00 1,500,~]0 l~g,030.O0 765-31~0 l:ow~ o~ $otr~oLl~ SG'fM ~ 1000-3S-08-5.3 IN$~'£CTOR 765-.3G?0 1, 4,3 ACP~ 2, 9, t~0 $'Y- 3. 8,000 2,000 C.~. 6. i0 EA. 7. 8. 1,550 9. 250 il. 3,750 L.Fo 12. itT~O 13, t,0Z0 C.T, [&, !,270 TONS 13. 763 TO~S 16. 300 6,Y. 17, ," 7~0 L.~. 18. I .VA. 19. 137 20. i~8 2~. ~1,300 ~2. ]8 EA. 23. i0 ~. 2~. 6 16. $~%??LNG & S~OC~IL~G (~SOZL) 2,00 ~C~SSZ~I~ gX~.VATION 6, O0 F~E G~G 0,~0 ~kTCH ~A~S 3,0O0, O0 ~8" ~ C.M.?. 30.00 2~" ~ C.~. CONG~TZ CL~G (C~V~) 12.00 S~AC ~C: ~14" STONZ ~ ~: cRU~ C~C~ 40.00 I%" A~P~T ~ZNG CO~ 40.00 VL~L, C~ C~ L~K F~E 6t ~. lO' V~L C~ C~LN L~ GA~ 900.~0 SC~ ~]T?NG (P~C~GE BA~) 100.00 CONC~Z SL~V~ MON%T~TS 100,00 5TKEET S~S 2~.00 s~E~-I~ FL~T~ a S~ 2,000.00 D~ B~ C~LE (AWG ~ 6) 2.00 SV~-TOTAL * UND'~GROL'bF~ ~STA.IJ.ATI0~;S NOT LNcLLtDED' I $ 1[,925,00 18.300.00 16,000.00 ~2,0Q0.00 4,57~.00 30,000.00 13,000.00 49,500,00 8,750.00 3,200,00 24,37~.00 2~,000.00 ~O,BO0.O0 50.800.00 30,600.00 7,300.00 18,500.00 900.00 27,~00.00 I~,800,00 28,250.00 3,800.00 2,000.00 12,000.00 3,500.00 3,000.00 458,47~.00 27,~08.00 483,983.00 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S~ McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 sCoTI' L. HARRIS Supervisor Town Hall, 53095 M~iin Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: ~'~m;"~- ~"~ Tax Map No.: 1000- Street Location: ~¼~,,~o~ Lc~ne_ Hamlet Location: Type of Application: Sketch Subdivision Map Preliminary Subdivision Map Final Subdivision Map (Dated / / ) (Dated / / ) (Dated / / ) Road Profiles (Dated / / ) Grading and Drainage Plans (Dated / / ) Other (Dated / / ) 'Sketch Site Plan Preliminary Site Plan (Dated / / · ) (Dated / / ) Gradin~ and Drainage Plans (Dated / / ) Other (Dated / / ) Contact Person: ~ATMOND L. JACOBS SUP ERINT~-N-D~NT OF HIGHWAYS 765-3140 J~M~S A. RIC]tT~R INSPECTOR 765-3070 0FYICE OF T]IE ~NGLNEY-R TOW~ OF $0~T~OLD MR. RICHARD G. WARD CHAIRMAN - PLANNING BOARD TOWN }{ALL, 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 Dear Mr. Ward: FEBRUARY 25, 1993 RE: SUMMIT ESTATES, EAST MARION SCTM # 1000-35-08-5.3 As per your request, I have reviewed the Bond Estimate for the above referenced subdivision. It is my understanding that the developer has petitioned the Board to divide the Bond into three separate phases. As per my last report dated 5/13/92, it is my opinion that the road and drainage structures should be const~ucted in only two (2) phases. The amount of work necessary to ensure the proper operation of the roads and drainage systems located in the proposed Phase I will require a substantial amount of work in the area of the other two proposed phases. For example, the construction of the proposed recharge basin will be necessary. The drainage piping, manholes and catch boxes located between Phase I and the Basin will need to be constructed. This section of road will also requi~e culbing and, at a minimum, the first lift of base asphalt to prevent erosion damage. It is with this in mind that I have split the proposed Bond into two (2) Phases. Enclosed you will find a copy of this Supplemental Bond for your use. I would suggest that the developer be asked to specify exactly what will be constructed in phase one. The map prepared by Young & Young entitled "SUMMIT ESTATES SECTION I" is dated 2/1]/92 and it does show the Right-of-Way limits. Will the road and drainage structures located within these limits be constructed in its entirety? Will all of the underground uti.llti~s such as water and electric be completed in this area or 'will sections of road have to be torn up in the future to complete these installations. I would not suggest that another map be prepared for this project since the original plans for the enti~e subdivision are complete. I would suggest, however, that a detailed list, indicating the limits and quantities of the items that ~il] be included in phase one, should be provided. If you have contact my ~nffice. Enc:~~ any questions concerning this review, please ~~ncer e~/~ ~~] er, -~-$~3~'~HOLD RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF ~ ENGINEER TOWN OF SOUTHOLD JAMES A. RICHTER INSPECTOR 765-3070 BOND ESTIMATE FOR SUMMIT ESTATES EAST MARION SCTM # 1000-35-08-5.3 FEBRUARY 21, 1992 ITEM 1. 2. 3. 4. 5. 7. 8. 9. 10. 11. 12. 13. 14. 15-. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. QUANTITY 4.5 ACRE 9,150 S.Y. 8,000 C.Y. 2,000 C.Y. 9,150 S.Y. 10 EA~ 5EA. 1,650 L.F. 250 L.P. 2EA. 3,750 L.F. 1,750 L.F. 1,020 C.Y. 1,270 TONS 765 TONS 300 8.Y. 740 L.F. 1EA. '137 EA. 148 EA. 11,300 S.¥. 38 EA. I0 EA. 6EA. !,750 L.F. JOB UNIT PRICE DESCRIPTION CLEARING & GRUBBTNG $ 2,650.00 STRIPPING & STOCKPILING (TOPSOIL) 2.00 EXCAVATION @ RECHARGE BASIN 2.00 UNCLASSIFIED EXCAVATION 6.00 FINE GRADING ' 0.50 DRAINAGE: CATCH BASINS 3 , 000.00 MANHOLES 3,000 · 00 18" ~ C.M.P. 30.00 24" ~ C.M.P. 35.00 CONCI~ETE HEADWALLS 1 , 600 · 00 CONCRETE CURBING (STRAIGHT) 6 . 50 CONCRETE CURBING (CURVED) 12.00 SU1LFACLNG: 3/4" STONE BL~ND or CRUSHED CONCRETE 40.00 2%" ASPHALT BINDER COURSE 40.00 1%" ASPHALT WEA~LNG COU1LSE 40.00 DRIVEWAY APRONS 25.00 VINYL CLAD CHAIN LINK FENCE 25.00 6' X 10' VINYL CLAD CHAIN LINK GATE 900.00 STREET TREES 200.00 SCREEN PLANTING (RECHARGE BASIN) 100.00 TOPSOIL & SEED 2.50 CONCRETE SURVEY MONUMENTS 100.00 STREET SIGNS 200.00 STtLEETLIGHT FIXTURE & STANDARD 2,000.00 DIRECT BURIAL CABLE (AWG # 6) 2.00 PROTECTION & MAINTENANCE OF TRAFFIC - COST $ 11,925.00 18,300.00 16,000.00 12,000.00 4,575.00 * UNDRE~OUND INST~AT.T.~TIONS NOT INCLUDED ! 30,000.00 15,000.00 49,500.00 8,750.00 3,200.00 24,375.00 21,000.00 40,800.00 50,800.00 30,600.00 7,500.00 18,500.00 900.00 27,400.00 14,800.00 28,250.00 3,800.00 2,000.00 12,000.00 3,500.00 3,000.00 SUB-TOTAL $ 458,475.00 + 6% ADMINISTRATION FEE $ 27,508.00 TOTAL $ 485,983.00 RA~OND L. JACOBS SUPERINT~---ND~ 0F HIGHWAYS 765-3140 TCW~ 0F SOUTHOLD SUPPLEMENTAL BOND ESTIMATE FOR SUMMIT ESTATES EAST MARION SCTM 3 1000-35-08-5.3 FEBRUARY 25, 1993. JAHES A. ~GIIT~ ~G L~SPECTOE 765-3070 D TOWN ITEM 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16 17 18 19 20 .21 · 22 23 24 25 26 PHASE I PHASE II PHASE 1% AMOUNT AMOUNT 55 % $ 6,560.00 55 % 10,065.00 100 % 16,000.00 55 % 6,600.00 55 % 2,515.00 70 % 21,000.00 80 % 12,000.00 60 % 29,700.00 100 % 8,750.00 100 % 3,200.00 55 % 13,400.00 55 % 11,550.00 55 % 22,440.00 55 % 27,940.00 55 % 16,830.00 50 % 3,750.00 100 % 18,500.00 100 % 900.00 55 % 15,070.00 100 % 14,800.00 55 % 15,535.00 55 % 2,090.00 50 % 1,000.00 50 % 6,000.00 50 % 1,750.00 50 % 1,500.00 $ 5,365.00 8,235.00 5,400.00 2,060.00 9,000.00 3,0D0.00 19,800.00 10,975.00 9,450.00 18,360.00 22,860.00 13,770.00 3,750.00 12,330.00 .12,715.00 1,710.00 1,000.00 6,000.00 1,750.00 1,500.00 SUB-TOTAL: $ 289,445.00 + 6% ADMINISTRATION FEE: 17,367.OO 169,030.00 10,141.00 TOTAL: $ 306.812.00 * SEE BOND ESTIMATE DATED 2/21/92 FOR ITEM DESCRIPTIONS AND QUANTITIES. $ 179,171.00 RAYMOND L. JACOBS SUPERINTENDENT OF HIGMWAYS 765-3140 OFFICE OF ~ ENGINEER TOWN OF SOUTHOLD JAMES A. RICHTER ENGINEERING INSPECTOR 765-3070 1. 2. 3. 4. 5. 7. 8. 9. I0. 11. 12. 13. 14. 15, 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. BOND ESTLMATE FOR S~MMIT ESTATE~ EAST MARION sCTM # 1000-35-08-5.3 FEBRUARY 21, 1992 ~uANTITY. 4.5 ACRE 9,150 S.Y. 8,000 C.Y. 2,000 C.Y. 9,150 S.Y. 10 EA. 5EA. 1,650 L.F. 250 L.F. 2EA. 3,750 L.F. 1,750 L.F. 1,020 C.Y. 1,270 TONS 765 TONS 300 S.Y. 740 L.F. 1EA. '137 EA- 148 EA. 11,300 S.Y. 38 EA. 10 EA- 6EA- 1,750 L.F. JOB DESCRIPTION CLEARING & GRUBBING $ 2,650.00 STRIPPING & STOCKPILING (TOPSOIL) 2.00 F~CAVATION @ RECHARGE BASIN 2.00 6.00 UNCLASSIFIED EXCAVATION 0.50 FINE GRADING DRAINAGE :_ 3,000.00 CATCH BASINS 3,000.00 MANHOLES 30.00 18" ~ C.M.P. 35.00 24" ~ C.M.P. 1,600.00 CONCRETE MEADWALL S CONCRETE CURBING (STRAIGHT) 6 . 50 12.00 CONCRETE CURBING (CURVED) SURFACING.'_ 40.00 3/4" STONE BLEND or CRUSHED CONCRETE 2%" ASPHALT BINDER COURSE 40.00 1%" ASPHALT WEARING COURSE 40.00 25.00 DRIVEWAY A2RON S 25.00 VIlq~fL cLAD CHAIN LINK FENCE 6'~ x. i0' VII~fL CLAD CHAIN LINK GATE 900.00 2O0.00 STREET TREES SCREEN pLANTING (RECHARGE BASIN) 100.00 2.50 TOPSOIL & SF~ 100.00 CONCRETE SURVEY MONUMENTS 200.00 STREET SI~S STREETLIGET FI'v'.'A'URE & STANDA.KD 2,000.00 DIRECT BURIAL CABLE (AWG # 6) 2.00 pROTECTION & MAINTENANCE OF TEAFFIC - SUB-TOTAL + 6% ADMINISTRATION PEg * UNDREGgO~I~D INST.~T.T~%TIONS NOT INCLUDED' I TOTAL COST $ 11,925.00 18,300.00 16,000.00 12,000.00 4,575.00 30,000.00 15,000.00 49,500.00 8,750.00 3,200.00 24,375.00 21,000.00 40,800-00 50,800.00 30,600.00 7,500.00 18,500.00 900.00 27,400.00 14,800.00 28,250.00 3,800.00 2,000.00 12,000.00 3,500.00 3,000.00 $ 458,475.00 $ 27,508.00 $ 485,983.00' ~/'IOND L. JACOBS ~UP ~/~INT~ID~TT OF HTG~'Ays 765-31&0 0FF:IC~ 0P TH~ ~TGLNF. F,~ T0~ OF $0UTHOLD ENG~G LNSPECTOR 765-3030 SUPPLEMENTAL BOND ESTIMATE FOR SUMMIT ESTATES EAST MARION SCTM 3 1000-35-08-5.3 FEBRUARY 25, 1993. ITEM 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. t6. 17. 18. 19. 20. .21 .' 22. 23. 24. 25. 26. PHASE I 55 % 55 % 100 % 55 % 55 % 7O % 80 % 60 % 100 % 100 % 55 % 55 % 55 % 55 % 55 % 50 % 100 % 100 % 55 % 100 % 55 % 55 % 50 % 50 % 50 % 50 % PHASE I ' .,,AMOUNT $ 6,560.00 10,065.00 16,000.00 6,600.00 2,515.00 21,000.00. 12,000.00 29,700.00 8,750.00 3,200.00 13,400.00 11,550.00 22,440.00 27,940.00 16,830.00 3,750.00 18,500.00 900.00 15,070.00 14,800.00 15,535.00 2,090.00 1,000.00 6,000.00 1,750.00 1,500.00 SUB-TOTAL: + 6% ADMINISTRATION FEE: $ 289,445.00 17,367.OO TOTAL: $ 306.812,00 SEE BOND ESTIMATE DATED 2/21/'92 FOR ITEM DESCRIPTIONS AND QUANTITIES. PHASE II AMOUNT $ 5,365.00 8,235.00 5,400.00 2,060.00 9,000.00 3,000.00 19,800.00 10,975.00 9,450.00 18,360.00 22,860.00 ]3,770.00 3,750.00 12,330.00 .12,715.00 1,710.00 1,000.00 6,000.00 1,750.00 1,500.00 $ 169,030.00 10,141.00 $ 179,171.00 RAYMOND L. JACOBS 8UPERINTENDEI~T OF HIGHWAYS 765-3140 OFFICE OF TIlE E~;GINEER TOWN OF SOUTMOLD JAMES A. RICRTER ENGINEERING INSPECTOR 765-3070 BOND ESTIMATE FOR SUMMIT ESTATES EAST MARION SCTM # 1000-35-08-5.3 FEBRUARY 21, 1992 ITEM 1. 2. 3. 4. 5. 7. 8. 9. 12. 13. 14. 15~ 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. ~UANTITY 4.5 ACRE 9,150 S.Y. 8,000 C.Y. 2,000 C.Y. 9,150 S.Y. 10 EA. 5EA. 1,650 L.F. 250 L.F. 2EA. 3,750 L.F. 1,750 L.F. 1,020 C.Y. 1,270 TONS 765 TONS 300 S.Y. 740 L.F. 1EA. '137 EA. 148 EA. 11,300 S.¥. 38 EA. 10 EA. 6EA. 1,750 L.F. JOB UNIT PRICE DESCRIPTION CLEARING & GRUBBLNG $ 2,650.00 STRIPPING & STOCI~PILING (TOPSOIL) 2.00 F~CAVATION @ REC}~kRGE BASIN 2.00 UNCLASSIFIED EXCAVATION 6.00 FINE GRADING 0.50 DRAINAGE: CATCH BASINS 3,000.00 MANHOLES 3,000.00 18" ~ C.M.P. 30.00 24" ~ C.M.P. 35.00 CONCRETE HEADWALLS 1,600.00 CONCRETE CURBING (STRAIGHT) 6 . 50 CONCRETE CURBING (CURVED) 12.00 SURFACI~NG: 3/4" STONE BL~ND or CRUSHED CONCRETE 40.00 2%" ASPHALT BINDER COURSE 40.00 1%" ASPHALT ~ING COURSE 40.00 DRIVEWAY A~RONS 25 . 00 VINYL CLAD CHAIN LINK FENCE 25.00 6' x i0' VINYL CLAD CHAIN LINK GATE 900.00 STREET TREES 200.00 SCP, EEI~ pLANTING (RECHARGE BASIN) 100.00 TOPSOIL & SEED 2.50 CONCRETE SURVEY MONUMIgNTS 100.00 STREET SIGNS 200. O0 STREETLIGRT FIXTUP, E & STAB-DARD 2,000.00 DIRECT BURIAL CABLE (AWG # 6) 2.00 PROTECTION & MAINTENANCE OF TRAFFIC - COST $ 11,925.00 18,300.00 16,000.00 12,000.00 4,575.00 + 6% ADMINISTRATION FEB * UNDREGROUND INSTALLATIONS NOT INCLL~)ED ! 30,000.00 15,000.00 49,500.00 8,750.00 3,200.00 24,375.00 21,000.00 40,800.00 50,800.00 30,600.00 7,500.00 18,500.00 9OO.OO 27,40~.00 14,800.00 28,250.00 3,800.00 2,000.00 12,000.00 3,500.00 3,000.00 SUB-TOTAL $ 458,475.00 $ 27,508.00 TOTAL $ 485,983.00 RA2/~0ND L. JACOBS 765-3I&0 0F?ICE 0Y %'a,,~ ~'~lG%kr~ TOW~ OF SOUT~OLD JAHES A. RICHT~--~ ~-~GII~G LNSPECT0~ 765-3010 SUPPLEMENTAL BOND ESTIMATE FOR SUMMIT ESTATES EAST MARION SCTM 3 1000-35-08-5.3 FEBRUARY 25, 1993 ITEM PHASE I PHASE 1% AMOUNT 1. 55 % $ 6,560.00 2. 55 % 10,065.00 3. 100 % 16,000.00 4. 55 % 6,600.00 5. 55 % 2,515.00 6. 70 % 21,000.00 7. 80 % 12,000.00 8. 60 % 29,700.00 9. 100 % 8,750.00 10. 100 % 3,200..00 11. 55 % 13,400.00 12. 55 % 11,550.00 13. 55 % 22,440.00 14. 55 % 27,940.00 15. 55 % 16,830.00 16. 50 % 3,750.00 17. 100 % 18,500.00 18. 100 % 900.00 19. 55 % 15,070.00 20. 100 % 14,800.00 .21.' 55 % 15,535.00 22. 55 % 2,090.00 23. 50 % 1,000.00 24. 50 % 6,000.00 25. 50 % 1,750.00 26. 50 % 1,500.00 PHASE II AMOUNT 5,365.00 8,235.00 5,400.00 2,060.00 9,000.00 3,000.00 19,800.00 10,975.00 9,450.00 18,360.00 22,860.00 13,770.00 3,750.00 12,330.00 .12,715.00 1,710.00 1,000.00 6,000.00 1,750.00 1.500.00 SUB-TOTAL: + 6% ADMINISTRATION FEE: $ 289,445.00 17,367.OO $ 169,030.00 10,141.00 TOTAL: $ 306,812,00 · SEE BOND ESTIMATE DATED 2/21/92 FOR ITEM DESCRIPTIONS AND QUANTITIES. $ 179,171,00 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S McDonald Kennelh L. Edwards Tcleph{~ne (516) 765 1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 2, 1993 SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516t 765-1823 Donna J. Geraghty Victorian Realty Corp. 11 West Main Street Riverhead, New York 11901 RE: Summit Estates Section 1 SCTMg1000-35-8-5.3 Dear Mrs. Geraghty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, March 1, 1993. BE IT RESOLVED that the Southold Town Planning Board grant a 90 day extension of conditional final approval of Section 1, from March 8, 1993 to June 8, 1993. Conditional final approval was granted on June 8, 1992. Please note that this is the last extension of conditional final approval that will be granted. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman February 16, 1993 Southold Town Hall Main Road Southold, NY 11971 RE: SUMMIT ESTATES, EAST MARION Dear Melissa, As per our telephone conversation of today, I would like to request that the performance bond for Summit Estates, East Marion, be broken intO three sections, because my bonding company has requested that it be done that way. Also, if the need should arise, please put me on for a board review. Very truly, Donna Geraghty DG/ksd 11 WEST MAIN STREET, RIVERHEAD, NY 11901 · (516) 369-8515 · FAX (516) 727-3707 110 FRONT STREET, GREENPORT, NY 11944 · (516) 477-2730 · FAX (516) 477-8643 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 scow L. H^RRIS Supervisor PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 January 12, 1993 Donna J. Geraghty Victorian Realty Corp. 11 West Main Street Riverhead, New York 11901 RE: Summit Estates Sections 1, 2 and 3 SCTM9 1000-35-8-5.3 Dear Ms. Geraghty: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, January 11, 1993. BE IT RESOLVED that the Southold Town Planning Board grant a 90 day extension of conditional final approval of Section 1, from December 8, 1992 to March 8, 1993. Conditional final approval was granted on June 8, 1992. BE IT FURTHER RESOLVED, that the Southold Planning Board grant a retro-active one year extension of preliminary approval of Section 2 and Section 3 from August 25, 1992 to August 25, 1993. Further extensions for the individual sections will be reviewed, upon your request, on a case by case basis. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman vi~roRiM i REALIIt~ cora,. "A F~dl S-'n~h ~e Realty" 11 WEST MAIN sTREET, RIVERHEAD, N ' 1190 110 FRONT STREr.--r, GREENPORT, N~ 1194, (516) 369-8515 ,, FAX (516} 727-3707 (516) 477-272K} - FAX (-116) 477-8643 December 3, 1992 Southold Town Hall Planning Department Main Road, Southold, New York RE: SUMMIT ESTATES, EAST MARION Dear Melissa, As per our telephone an extension for the Estates, East Marion. conversation today, I am requesting final approval of Sec. I, Summit Yours very truly, 11 WEST MAIN STREET, RIVERHEAD, NY 11901 · (516) 369-8515 · FAX (516) 727-3707 110 FRONT STREET, GREENPORT, NY 11944 · (516) 477-2730 · FAX (516) 477-8643 PROTECTIVE COVENANTS AND RES~ RIC~IONS SUMMIT ESTATES I Page 9 i 10. The 9,wide stri9 oflland parallel to Main. Road(N.Y.- State rte 25).' as ~hown on. the. final subdivision map is to ~e of!erad for dedication to New Yor~ S~sce p u y owners Association for fut~ .... highway purpos,. 11. The dock, and ~ny ~ture expansion of suc~, shall remain for the ~xcldsive private use and enjoyment uf the owner of t! e 1~ shown on the preli~inary sub.. division map f(r S~it Estates as Lot No.33, such lot being apprcKimately 191,000 square feet in area. The dock, and ~ny ~uture expansion of su~ch, cannot be conveyed sel,ara~elY from Lot No.33 except by permission of?ha S~uthold Town Planning Board aiter a public hearth.g, ~nd if such conveyance shall be allowed, it sh~ll b~ to the owner(s) of the park an/ recreation arei~ on~. 12. The declarant ,Iran's the continuing right in perpetuity to 'he ~own.of Sout~old or any of its designated rep~ese~tat~ves to lnspect any areas designated as c pen Space, common areas or any similar area described Oy a~different nomenclature, so as to insure continued compliance with the covenants, ter~,s and previsions desiqnated herein in regard to same and to ~nsur,. t~ at such covenants, terms and been violated. e continuing right in perpetuity .hold or any of its designated provisions haw~ no~ Declarant gran~s t~ to the Town of Sou~ represenatives to ~nforce the condition~ and restrictions o~ th~ covenants as they relate to the open space, co~on area or any similar area described by ? di~ersnt nomenclature, and to tak~ any legal action 1~ deems mecessary =o enforce the conditions and re~rictions of the covenants. Thes~ rights oi insp~ctl~n and enforcement shall be binding upon d~cla~ant, their heirs, executors, legal represen:atiges, distributees, successors, assigns and transferees. CONTIN]ED ~N PAGE 10 SOUTHOLD TOWN~'--J PLANNING BOARO We are :ransmi~ting p~ges!(inctuding this cover you d_[d no~ receive all ~he ~agesiplease call (516) Q Ltr fax number i~ (516) 727-3707, 11 WEST MAIN 571'~E~ · RiVERH~kO, FlY I 901 ,~'EL, EPNONE: ($1d; 369-8515 ·/:AX: (516] 7'27 370z Direct Dial Number: 548-7037 July 22, 1992 LONG ISLAND LIGHTING COMPANY Victorian Realty Corp. 11 W. Main St. Riverhead, NY 11901 RE: Summit Estates East Marion /In response to your inquire dated July 16, 1992, single phase, 13.2 kY. L / _ov~e__rh__ead electric facilities capable of providing service to this pro]ec~ presently exist along the south side of Shipyard La. At this time, we do not anticipate any problem providing electric service to this project from these facilities. We shall be pleased to provide electric service in accordance with our filed tariff and schedule in effect at the time service is required. We are enclosing an application for electric service for non-residential customers to be completed by you for each building under construction, and returned to this office. Upon receipt of these application forms, we shall prepare and forward to you our plans and costs, if any, applicable to this installation. As soon as a construction schedule is available, kindly forward a written notification to this office, in order to meet your present electric service date. If you have any questions or require additional information, please feel free to contact Mr. Ken Lynn whom can be reached on 548-7039. Very ~y y, Qurs, ,~ Arthur J. Apicello, Area Supervisor Customer Design Services AJA/djp FC-8689.A~SS PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Lathara, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 July 8, 1992 Donna J. Geraghty Victorian Realty 11 West Main Street Riverhead, New York 11901 RE: Major Subdivision Summit Estates East Marion SCTM~ 1000-35-8-5.3 Dear Ms. Geraghty: The draft Declaration of Covenants and Restrictions for the above mentioned subdivision has been reviewed by the Planning Board and the Town Attorney. The document may be filed after the following changes/additions are made to it (changes/additions are underlined): The initial description of the plot must include reference to the open space parcels ( Parcels A, B and C) and the park and recreation area (Parcel D). It should read: "...known and designated as Lot Nos. 1 through 35 and the open space parcels (Parcels A, B, and C) and the park and recreation area (Parcel D) on a certain map entitled .... ,, Number 2 is to read: "Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lot No. 3, Lot No. 3 shallbe made subject to a covenant that will prohibit its future subdivision. Number 3 is to read: The fence which extends into park and recreation Parcel "D" is to be removed, as are the structures which are shown in that area. The following is to be added to Number 10: "The 9' wide strip of land parallel to Main Road (N.Y. State Rte. 25), as shown on the final subdivision map is to be offered for dedication to New York State,and is Summit Estates July 8, 1992 Page 2 to be kept available for dedication in perpetuity,by ~he Homeowners Association for future highway purposes." Number 11 is to be replaced with the following, and is to be the second to last item of the Declaration: "The declarant grants the continuing right in perpetuity to the Town of Southold or any of its desiqnated representatives to inspect any areas designated as open space~ common areas or any s~m~lar area described by a different nomenclature, so as to insure continued compliance with the covenants~ terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions an~ restrictions of the covenants as they relate to tho open space, common area or any similar area described by a different nomenclature, and to take any legal action it deems necessary to enforce the condition~ and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives~ distributees, successors~ transferees." assigns The following sentence is to be added to Number 12: "The dock, and any future expansion of such, cannot be conveyed separately from Lot No. 3 except by permission of the Southold Town Planning Board after a public hearing, and if such conveyanme shall be allowed, it shall be to the owner(s) of the park and recreation area, only." The following paragraph was omitted from the document. It must be inserted as the last item of the Declaration: "These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. The draft Declaration must be revised as per above and filed in the office of the County Clerk. In addition to 3ummit Estates July 8, 1992 Page 3 indicating the Liber and Page nLunber of the filed document on the final maps, a copy of the recorded document must be submitted to this office. If the document has not been revised in accordance with the above, it will not be accepted by the Planning Board. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman CPC CLEAVES POINT CONDOMINIUMS [] VILLAGE El COMMONS [] CLUB AND MARINA, INC. P.O. BOX 29 GI~EENPORT, NEW YORK 11944 (516) 477- 8657 June 25, 1992 Town of Southold - Planning Board Office Attn: Melissa Spiro P.O.Box 1179. Southold, New York 11971 Re: Major Subdivision Summit Estates East Marion SCTM# 1000-35-8-5.3 Dear Melissa: Thank you for recently forwarding the Minutes of the Planning Board Meeting for April 27th together with the Resolution passed on June 8th concerning the above noted matter. In addition, we request the Minutes (applicable only to the Summit Estates subdivsion) for the Planning Board Meetings held on May 18th and June 8th. We appreciate the helpful manner with which you've listened to our concerns and reviewed this situation with us over the past months. NOW, subject to the with the land: SUMMIT E~ATES / $0UTH0/D TOWN D~CLARATION made this day iof , 1992, by GUSMAR REALTY CORP., a domestic corporation having its Drin¢]pal place of business at 13-07 37th Avenue, LoPig Island City, NeW York 11101, hereinafter called t~e Declarant. WHEREAS, the Declarant o~ Covenants and Restrictions will be filed before the map of Summit E~tates is filed in the office of the County Clerk. WHEREAS, the :Declarant is the owner in fee simple of the following described premises: ALL that certain plPt, piece or parcel of land in the Town of Southold, County of Suffolk, State of N~ York, known and designated as Lot Nos.i 1 through 35 on a certain map entitled "Map of Summit Estates at East Marion, Town of Sou~hold, Suffolk County; N.Y." filed in the offige of the Clerk of the County of Suffolk on th~ day of , as Map No. ' WHEREAS, the Declarant ~e~ires to make this Declaration setting forth reservat~onE, restrictions, covenants, conditions and agreements, subject to which the ~roperty show%7 on said map is now held and shall be sold and conveyed. THEREFORE, the afOredeseribed premise~ shall be following covenants'and restrictions whic~ shall run 1. No lot shall be sub~ivfded or its lot lines changed in any manner at a~y future date unless authorized by the Town of Sou~hold Planning Board: 2. Due to ~he m~n~mU~ lot area requirement of the zoning classif:.ca~ion of this property being considerably less ~han the area of Lot No. 3, this lot shall be made ~ubject to a covenant that will prohibit its futur~ subdivision. 3. The fence which ex~ends into Open Space Parcel "D" is to be removed, las are the structure~ which are shown in ~hat areai. 4. 'All stormwater i runoff resulti~%g from the development a~%d improvements o~ this subdivision or any of its lots shall be retained on the site and shall not flow ou~ onto Main Road (Sta~:e Road 25) or into the state Techarge basin. Bummit Estatee Covenants and Restrictions Page 2 5. No sanitary disposal facility shall be constructed or installed withi~ 100 feet of the mean high water line on Gardiner's !Bayo 6. No stormwater ~unoff shall be discharged directly into Gardiner's Bay in any manner. 7. The following terms shall apply to the open Space parcels A, B and C.' a) These areas shall b~ owned by the Homeowners Association for sU~mit Estates. b) Thess area~ Shall remain in their natural state. Maintenance of the natural vegeta=ion shall be the only Use or activity allowed, other than passive recreatiok. Any use of this area for parking or for any Vehicular access to the Park and Recreation area shall be subject to Pla~ning Board approval. ' c) No structure o~ building shall be placed within these areas. Th~ ~erms ,'structure,, and "building" shall be interpreted as including, but not limited to, swimming poolS; patios; garages; sheds and other storage buildings; structures for the housing of domesticated aDimals; the storage of boats, trsilers, recreational vehicles; and the placement of fences. 8. The following ter~s shall apply to the Park and Recreation parcel a) This area sh~!l be owned by the Homeowners Association for S~mit Estates. b) These areas ~hal! remain in their natural state. Maintenance of the natural vegetation shall be the only use qr activity allowed, other than passive recreation, c) Any bullding~ structure or parking to be located on parcel D, shall be subject to Southold .Town Planning Board approval. Any building, structure or parking allowed by the Planning Board shall be located ~o the northerly ~ide of a line connecting the following two points: 250, north of Gardiners ~ay on the easterly property line of the Summit Estates Covenants and Restrictions Page 3 11. 12. Park and Recreation area, and 310' north of Gardiners Bay on t~e westerly property line of the Park and RecreatiOn area, as indicated on the subdivision map fo~ Summit Estates. 9. The drainage pond located on Lots 14 and 15 of the final subdivision 'map, is to be left intact in perpetuity, and t~ere is to be no lot or road drainage into suc~ pond. This area shall not be filled or regraded+ 10. The 9' wide stripi of land parallel ~o Main Road (N.Y. State Rte.I 25), as shown on the final subdivision map isito be offered for dedication to New York. State bylthe Ho~eowners Association for future h~ghway purposes. in addition to t~e rights of other parties to enforce the condi~ion~ and restrictions contained in this declaratio~ of Covenant~ and Re~trictions, the Planning Boardi shall also have the authority, through appropriate legal action and after due notice to the Dec~arants, their heirs, executors, legal representatives, distribut~es, successors, and assigns, to~ enforce the conditions and restrictions of th~se covenants. The dock, and any ~ut.ure expansion of ~uch, shall remain ~or the exclusive private use and enjoyment of the owner of t~e lot shown on the preliminary subdivision map for Stnm~it Estates as Lot No. 3, such lot being approximately 191,000 square feet in area. I IN WITNESS WHEREOF, the~Declarant has duly executed this Declaration the day and year ~irst above written. GUSMAR REALTY CORP. By: FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-17123 Date July 28~ 1988 THIS CERTIFIES that the building Location of Property 1800 SHIPYARD LANE House No. County Tax Map No. 1000 Section 35 Subdivision Filed Map No. ONE FAMILY DWELLING EAST MARION~ N.Y. Street Hamlet Block 8 Lot 5.3 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 21~ 1986 pursuant to which Building Permit No. 14966-Z dated J~3NE 10. 1986 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING AS APPLIED FOR Rev. 1/81 The certificate is issued to GUSMAR REALTY CORP. (owner, X~) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 86-SO-80-JUNE 30r 1988 UNDERWRITERS CERTIFICATE NO. PENDING - JUNE 20~ 1988 PL~{BERS CERTIFICATION DATEDMARCH 22~ 1988-HENRY J. SMITH & SON~ INC. FOR~{ NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-17128 Date JULY 28~ 1988 THIS CERTIFIES that the buildin~ ACCESSORY Location of Property. 1800 SHIPYARD LANE EAST MARION~NY House No. Street Hamlet County Tax Map No. 1000 Section 35 Block 8 Lot 5.3 Subdivision Filed Map NO. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 12, 1988 pursuant to which Building Permit No. 16780-Z dated MARCH 9, 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY CHICKEN COOP The certificate is issued to of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED GUSMAR REALTY CORP. (owner, N/A B~ldtng Inspector Rev. 1/81 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Ball Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-17127 Date JULY 28~ 1988 THIS CERTIFIES that the building. Location of Property 1800 SHIPYARD LANE House No. County Tax Map No. 1000 Section 35 Subdivision ACCESSORY EAST MARION,~ N.Y. Street Hamlet Block 8 Lot 5.3 Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated FEBRUARY 12~ 1988 pursuant to which Building Permit No. 16780-Z dated .MARCH 9{ 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY STABLE AS APPLIED FOR. The certificate is issued to GUSMAR REALTY CORP. (owner, .. ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Building Inspector Rev. 1/81 FO~ NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-17125 Date JULY 28~ 1988 THIS CERTIFIES that the building Location of Property 1800 SHIPYARD LANE House No. County Tax Map No. 1000 Section 35 Subdivision ADDITION Street EAST MARION~ N.Y. Block 8 Filed Map No. Hamlet Lot 5.3 Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 14~ 1986 pursuant to which Building Permit No. 15125-Z dated. JULY 22, 1986 was: issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued isINGROUND SWIMMING POOL & FENCE ADDITION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The: certificate is issued to of the aforesaid building. GUSMAR REALTY CORP. (owner, SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED PENDING - JUNE 20~ 1988 N/A Rev. 1/81 PLANNtlNG BOARD MEMBERS Bennet! OrlowskL Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 19, 1992 SCO'I'F L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Donna J. Geraghty Victorian Realty 11 West Main Street Riverhead, New York 11901 RE: Major Subdivision Summit Estates Section East Marion SCTM# 1000-35-8-5.3 Dear Ms. Geraghty: The following took place at a meeting of the Southold Town Planning Board on Monday, May 18, 1992: The final public hearing for Summit Estates Section 1 was closed. The Planning Board will take further action on this subdivision within the next forty-five (45) days. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, J(.' Chairman PLA~qNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 May 15, 1992 Donna J. Geraghty Victorian Realty 11 West Main Street Riverhead, New York 11901 RE: Major Subdivision Summit Estates East Marion SCTM# 1000-35-8-5.3 Dear Ms. Geraghty: The Planning Board has reviewed your May 5, 1992 letter in reference to the dock located on the Park and Recreation parcel fox; the above mentioned subdivision. The Planning Board allowed your client to reserve land for park and recreation purposes, and did not require a fee in lieu of such land because the subject land was felt to be of such character as to fulfill the requirements for park and recreation purposes for the subdivision. Although the subject property, and the existing dock, are currently owned by your client, the landward edge of the dock is within the land to be owned by the Homeowners Association. Allowing only one out of thirty-five lots to use the existing dock (.and the potential additional dock area if the current application for expansion is granted by the Army Corps of Engineers) effectively excludes the full use of the Park and Recreation waterfront area by the owners of the other 34 lots. It allows an interest for one lot above and beyond that of the other lots. Thus, the Park and Recreation waterfront area will not be completely available and accessible to future residents of the subdivision. For this reason, the Planning Board is requiring that the use of-the dock be available equally to all members of the Homeowners Association. The Declaration of Covenants and Restrictions must include a statement that all members of the 'Ma~ 15, 1992 Pagp 2 Homeowners Association are to have equal rights to the use of the Park and Recreation parcel and the dock. In addition, if a lease is incorporated into the by-laws that in any way limits the use of the dock, such lease shall be limited to a term of one (1) year. The By-laws of the Homeowners Association must be amended to reflect these changes. According to the Town Trustee records, the permanent use of the dock by more than two boats other than those of the current owner and his immediate family would be a violation of the Town Zoning Ordinance. When the ownership of the dock and property shifts to the Homeowners Association, the Association will be responsible for returning to the Trustee Board for permission to dock more boats. The number of docking spaces that are allowed by the Town Code for land owned by a Homeowners Association (as opposed to an individual owner), is presently being reviewed by the Town Attorney. Therefore, you should not assume by this letter that dockage in excess of that allowed by the present permit, will be permitted. A field inspection of the site was conducted and it appears that there are structures (namely the bird aviary and fences) that are not shown on the subdivision map. All structures must be shown on the map for the entire project or on the map for Section 1, where applicable. In addition, a review of the Building Department's files show that your client does not have a building permit for the fencing that is being installed to the north of the house. Building permits are required for all structures. The Board is requiring the amendment of the draft Declaration of Covenants and Restrictions received by the Planning Board on April 16 ,1992, as follows: Number 5 is to be eliminated. (This restriction will be addressed in Number 9 of the Declaration.) The following sentence is to be added to Number 8b: Any use of this area for parking or for access to the Park and Recreation Area is subject to Planning Board approval. Number 9c is to be amended as follows: "Any building, structure or parking to be located on parcel D, shall be subject to Southold Town Planning Board approval. Any building, structure or parking allowed by the Planning Board shall be located to the northerly side of a line connecting the following two points: 250' north of Gardiners Bay on the easterly property line of the Park and Recreation area, and 310' north of Gardiners Bay on the westerly property line of the Park and Recreation area, as indicated on the Summit Estates 'Ma~ 15, 1992 Page 3 subdivision map for summit Estates." (This setback line must be indicated on the map for Summit Estates Section 1.) The following pertains to Number 11: The 9' wide strip of land parallel to Main Road (N.Y.S. Rte 25) is to be immediately offered to the State of New York for its use. In the event the State does not wish to accept same, the Board will require that any final approval of Summit Estates Section 1 contain a condition that the land be available in perpetuity for the State of New York. The following statement is to be included as Number 13: In addition to the rights of other parties to enforce the conditions and restrictions contained in this Declaration of Covenants and Restrictions, the Planning Board shall also have the authority, through appropriate legal action and after due notice to the Declarants, their heirs, executors, legal representatives, distributees, successors, and assigns, to enforce the conditions and restrictions of these covenants. Any covenants and restrictions proposed by the Developer in addition to the Declaration that has been submitted to the Planning Board, must be reviewed by the Board, and the Liber and Page number of the filed document must be stated on the subdivision map. The April 27th final hearing f.or Summit Estates Section 1 will be continued on May 18th at the Board's 7:30 public meeting. The hearing will remain open until the Board receives and reviews the revised maps and the revised Declaration of Covenants and Restrictions as described above. The Planning Board has reviewed your request to split the administration fee into three (3) sections. The Board is requiring payment of $17,880 dollars (65 percent of the total Administration fee) for Section 1. The fee has been calculated in this manner because the improvements for Section 1 will constitute about 65% of the total bond estimate. Please note that the Planning Board will require the following information at such'time after the final hearing for Section 1 is closed: Five (5) paper copies and two (2) mylar maps of the final map for Section 1, all containing a valid stamp of Health Department approval, and revised as per the Planning Board's correspondence dated April 7, 1992, this letter and any other revisions required prior to Summit Estates 'Ma~ 15, 1992 Page 4 the close of the hearing. The Health Department's stamp of approval must be valid at such time that all items pertaining to subdivision approval have been submitted, and the final maps are in proper form for endorsement. Five (5) copies of the final Road and Drainage plans for Section 1. The draft Declaration of Covenants and Restrictions must be revised as per this letter and as per any other revisions required prior to the close of the hearing, and must then be filed in the office of the County Clerk. A copy of the recorded document must be submitted to the Planning Board office. The final maps must contain the Liber and Page number of the recorded document. Submission of a Performance Bond, Letter of Credit, or cash in the amount 458,475.00 dollars. This payment is in accordance with the approved bond estimate for the three (3) sections of the subdivision. Submission of the 17,880 dollar Administration Fee for Section 1. Verification that the Homeowners Association has been revised as per the Planning Board's correspondence of February 20, 1992, this letter and any other revisions required prior to the close of the hearing, and filed in the office of the Attorney General. A letter from each public utility company whose facilities are proposed to be installed in the proposed subdivision. Such letter(s) must state that the utility company will make the underground installations necessary for the furnishing of its services. The final water supply agreement for Section 1 must be notarized by all parties executing the agreement. Please contact this office if you have any questions concerning the above. Very truly yours, Bennett Orlowski, Jr. ~W5 Chairman DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES SOUT~IO[D TOWN PLANNING BOARD DECLARATION made this day of , 1992, by GUSMAR REALTY CORP., a domestic corporation having its principal place of business at 13-07 37th Avenue, Long Island City, New York 11101, hereinafter called the Declarant. WHEREAS, the Declarant of Covenants and Restrictions will be filed before the map of Summit Estates is filed in the office of the County Clerk. WHEREAS, the Declarant is the owner in fee simple of the following described premises: ALL that certain plot, piece or parcel of land in the Town of Southhold, County of Suffolk, State of New York, known and designated as Lot Nos. 1 through 35 on a certain map entitled "Map of Summit Estates at East Marion, Town of Southhold, Suffolk County, N.Y." filed in the office of the Clerk of the County of Suffolk on the day of , as Map No. WHEREAS, the Declarant desires to make this Declaration setting forth reservations, restrictions, covenants, conditions and agreements, subject to which the property shown on said map is now held and shall be sold and conveyed. NOW, subject to the with the land: THEREFORE, the aforedescribed premises shall be following covenants and restrictions which shall run No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board: Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lot No. 3, this lot shall be made subject to a covenant that will prohibit its future subdivision. The fence which extends into Open Space Parcel "D" is to be removed, as are the structures which are shown in t.hat area. Ail stormwater runoff resulting from the development and improvements of this subdivision or any of its lots shall be retained on the site and shall not flow out onto Main Road (State Road 25) or into the state recharge basin. 7e 10. No residential structure or other major structure shall be located within 100 feet of the mean high water line on Gardiner's Bay in any manner. No sanitary disposal facility shall be constructed or installed within 100 feet of the mean high water line on Gardiner's Bay. No stormwater runoff shall be discharged directly into Gardiner's Bay in any manner. The following terms shall apply to the Open Space parcels A, B and C. a) These areas shall be owned by the Homeowners Association for Summit Estates. b) These areas shall remain in their natural state. Maintenance of the natural vegetation shall be the only use or activity allowed, other than passive recreation. c) No structure or building shall be placed within these areas. The terms "structure,' and "building" shall be interpreted as including, but not limited to, swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement of fences. The following terms shall apply to the Park and Recreation parcel D. a) This area shall be owned by the Homeowners Association for Summit Estates. b) These areas shall remain in their natural state. Maintenance of the natural vegetation shall be the only use or activity allowed, other than passive recreation. c) Any structure or building to be placed on parcel D, shall receive approval of the Southold Town Planning Board. The drainage pond located on Lots 14 and 15 of the final subdivision map, is to be left intact in perpetuity, and there is to be no lot or road drainage into such pond. This area shall not be filled or regraded. 11. 12. The 9' wide strip of land parallel to Main Road (N.Y. State Rte. 25), as shown on the final subdivision map is to be offered for dedication to New York State by the Homeowners Association for future highway purposes. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. GUSMAR REALTY CORP. By: STATE OF NEW YORK: : COUNTY OF SUFFOLK: ss. On this day of , 1998, before me personally came , to me known, who, being by me duly sworn, did d[epose and say that he resides at , ; that he is the of GUSMAR REALTY CORP., the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. Notary Public CPC// CLEAVES POINT CONDOMINIUMS VILLAGE ~3 COMMONS [~ CLUB AND MARINA, INC. P.O. BOX 29 GREENPORT, NEW YORK 11944 (516) 477- 8657 May 1], 1992 TO: Town of Southold Planning Board ATTN: Melissa Spiro RE: Summit Estates (application for subdivision) Understanding that the Planning Board will be holding a work session tomorrow, we would appreciate consideration being given to the attached list of comments (Re: Covenants and Rstrictions) as well as additional questions we would like addressed regarding the above noted project. Also, enclosed please f~nd correspondence from the Department of State and the Army Corps of Engineers. We would like to note that the use of Mr. Fakiris' dock,commercially,never entered our minds - it is the use of the dock, as a private marina for 35 boats that has us concerned. We "read" the Dept. of State's ruling as limiting a fishing enterprise and public marina, not the use by a group of homeowners. And, it becomes clearer that the Army Corps is not involved with use, just structure. Cleaves Poi~ t C~,'~,:Z.' k~arold Boening, ~ ~' Richael Greenstein (~_] Thank you for your continuing cooperation. ! I SHIPYA GAll S. SHAFFER SEC~E rARY Of STATE STATE OF NEW YORK DEPARTMENT OF STATE ALBANY. N.Y. 12231-0001 ;:r. Harold Boening ~r. Michael Greenstein Cleaves Point Condominiums P.O. Bcw ~9 Greenpo;:;, New York 11944 Gent le::~an: I am in receipt of your March 31st letter to Secretary of State Gail S. Shaffer regarding the docking structure ahab would be constructed ;3y Mr. ~etes Fakir!s at Cleaves Point in East Marion, New York. Our staff has completed its evaluation of the proposed project and concluded tha.. navigational safety in the are~ would net be significantly affected. With re~ect to the use of ~he fac:L!a;y as a marina, we have imposed, and Mr. Fakiris has agreed 'ao, conditions that will limit the number of vessals to 'those owned by the applicant and prohibit the use of the dock for commercial mooring purposes. A copy of our decision letter on this proposed project is enclosed. Should you have any further questions on this ~.atter, please contact Mr. William Barton at (518) 474-6000. Sincerely, Secr,.tary~_$~ State JNB/mm GAl!. STATE Of NEW YORK DEPARTMENT OF STATE ALBANY. N.Y. 12231-O001 April 24, 1992 Ms. Tanya Lachenmeyer Land Use Company 2~76 Sound Avenue Baiting Hollow, New York 11933 Dear Ms. Lachenmeyer: F-91-542 .' U.~. A~my Corps of Engineers/New Y6~k Dis~:rict Permit Application $91~925-L2 Peter Fakiris Town of $outhold Suffolk County The Department of State has completed its evaluation of your Federal Consistency Assessment Form and certification that the above proposed permit activity complies with New York State's approved Coastal Management Program, and will be conducted in a manner consistent with this program. Pursuant to 15 CFR Section 930.63, and based upon the project information submitted, the Department of State concurs with your consistency certification subject to the folTowing conditions: 1. The facility will not be used for commercial purposes at any time. 2. Only boats owned by Mr. Peter Fakiris are to be moored at the proposed ~,rivate docking facility. This concurrence is without prejudice to, and does not obviate the need to obtain all other applicable licenses, permits, and approvals reqUired under existing State statutes. A copy of unis decision has been sent to the Corps of Engineers. GRS:MP:m~ cc: COE/Ny District - Roberto Barbosa NYS DEC/Region I - Robert Greene Divisio~ o Coastal Resources & Waterfront Revitalization Town of Southold - Bennett Or!owski ODEPA::::*-;*IENT OF THE ,',-Y~Y NEW YORK DISTRICT CORPS OF E~,:~3~NEERS JACOB K, JAVITS FEDEPAL ~UILDING NEW YOP'%. N.Y. '0278-0090 ^~'~o~ April 29, 1992 ........ rn Permits Section SUBJECT: Application Number 91-0925-L2, by Peter Fakiri~ Mr. Haro'~ Beanin~ Mr. Nf.c[-'~:~l ~'~tein CLeaves P~f.t~ Condominium P.O. Box 27 Greenport, J~'~; York 11944 Dear Messrs. ?oening and Greenstein: The following is in regards to the subDect applicatior to extend an existing? pier i~ ~:~rdin~-3 Bay, at ~st M~rLon, of Sou~¥~o!d, Suffolk County, New York and in response to your letters ~ate~ i~?3ch 31 and ATolL1 24, 1992. In r~gards to those items raised in your letter dated March 31, 19~2, please be ~for~ thcT ary requesx for a document must be m8f8 in wrJ.i~ng, in accordance ~!th the Freedom of !nformaticn Acc, and must be ~fressed to v~. Ri'he .Fisclher of our ©f'Tice of Counsel. Please specify, if possible, what 5nformaticu cr documer~rs ~re you re~uL~stirg. we are in receipt of a lett?r ¢~t~6 January 16, 1992, ':~%e ~ard of Town Trustee~ of the Town of Sou~>~!d stated the prc~?osed extensioD woul~ be outside of their jurisdiction, which is considered a f'nal actio~ c~ this matter %t the local !~vel. In rec'rds to those items raise¢ fn your !~tter dated April 24, ~ _~92, please be infor~ed that we have received a copy of the Planning Board Office'of the Town of Southold ad~.~sed to tlhe New York State Department of State. This informatio~ will be carefully consLf~ered Dy this agency during our r~view process. In addition, please be informed that a permit tran:zEer is acknowledged when the transferee signs the 3~rmit on the space prcvided and a copy of the signedperm..t~ ~s~ fc.~warded to this agency. ~?~2 new individual or group r '~ponsible for !..,a str~3cture would be subject to .i~e sam~ conditions as the oriqi~l permittee. If substential c~nges or an increase in the scooe of work were proposed by tke transferee, t~ese would be subject to a new public iRtera~t revi ~w. .Please provide any a~ditional information that you consider relevant to the review of this application at your earliest convergence. If you have any questions, please contact Mr. Roberto Barbosa of my staff at (212) 264-6730. ely, -- ~. /s~eyen A. SchumachC/(/ ' ~ A~t.ing Chief, . ~tstern Permits Section May 5, 1992 Southhold Town Planning Board 53095 Main Road Southhold, NY 11971 RE: Summit Estates Sec. 1 East Marion S.C.T.M. # 100-35-8-53 Dear Board Members: In response to your question of the use of the dock which is situated on the park & recreation area for Summit Estates. The intended use of said dock is for the exclusive use of Mr. Fakiris, for the purpose of docking his own boats. If you have any further questions please contact me at (516) 369- 8515. Sincerely, Donna Geraghty~~ '[1 WEST MAIN STREET, RIVERHEAD, NY 11901 · (516) 369-8515 · FAX (516) 727-3707 110 FRONT STREET, GREENPORT, NY 11944 · (516) 477-2730 · FAX (516) 477-8643 REALTOR May 5, 1992 Southhold Town Planning Board ~3095 Main Road Southhold, NY 11971 Dear Board Members: In response to your question Summit Estates Sec~ 1 East Marion S.CiT.M. # 100-35-$-53 ofl the use of the dock which situated on the park & recreatio~ area for Summit Estates. The ln~ended use of said dock is for the exclusive use of Mr. Fakiris, for the purpose of decking his oW]3 boats. If you have any furth.r ques:~ons'~p~e~;e contac~ me at (516) 369- Sincerely, .. Donna Geraghty '~I WEST MAIN STREET, RIVERHF__AD. NY 11901 '. (~;16) 369-8515 * FAX (516) 727-3707 110 FRONT STREET, GREENPORT, NY 11944 (516) 477-2730 · FAX (516) 47';'-8643 GAlL S* SHAFFER SECRETARY OF STATE STATE OF NEW YORK DEPARTMENT OF STATE ALSANY. N.Y. 12231-O001 April 24, 1992 Ms. Tanya Lachenmeyer Land Use Company 2576 Sound Avenue Baiting Hollow, New York 11933 Re: F-91-542. u.s. Army ~orps of Engineers/New Yqrk 'District 'Permit Application '$91-925-L2 Peter Fakiris Town of Southold Suffolk County Dear Ms. Lachenmeyer: The Department of State has completed its evaluation of your Federal Consistency Assessment Form and certification that the above proposed permit activity complies with New York State's approved Coastal Management Program, and will be conducted in a manner consistent with this program. Pursuant to 15 CFR Section 930.63, and based upon the project information submitted, the Department of State concurs with your consistency certification subject to the following conditions: 1. The facility will not be used for commercial purposes at any time. 2. Only boats owned by Mr. Peter Fakiris are to be moored at the proposed ]private docking facility. This concurrence is without prejudice to, and does not obviate the need to obtain all other applicable licenses, permits,' and approvals required under existing State statutes. A copy of this decision has been sent to the Corps of Engineers. GRS:MP:mm cc: Division of Coasta & Waterfront COE/NY District - Roberto Barbosa NYS DEC/Region I - Robert Greene Town of Southold - Bennett Orlowski PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards TeLephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 30, 1992 SCO2T L. HARRIS Supervisor Town Hail. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Donna J. Geraghty Victorian Realty 11 West Main Street Riverhead, New York 11901 RE: Major Subdivision Summit Estates Section 1 East Marion SCTM~ 1000-35-8-5.3 Dear Ms. Geraghty: The following took place at the meeting of the Southold Town Planning Board on Monday, April 27, 1992: The public hearing on the final maps for Section 1, which was; opened at 7:30 P.M., was kept open in order to assemble information that may be needed for further discussion and resolution of the issues that were raised. The hearing will be corttinued at the Planning Board public meeting on May 18, 1992. Very truly yours, Bennett Orlowski, ~r. Ms Chairman PLANNING BGARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'VF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 April 28, 1992 Roberto Barbosa US Army Corps of Engineers 26 Federal Plaza New York, NY 10278-0090 RE: Major Subdivision for Summit Estates East Marion SCTM#1000-35-8-5.3 Dear Mr. Barbosa: Enclosed please find a copy of the map for Summit Estates and Summit Estates Section 1 as requested in your April 28, 1992 telephone conversation with Melissa Spiro of this office. Please contact this office if you have any questions regarding the above. Encls. Very truly yours, Bennett Orlowski, Jrd/' Chairman SOUTHOLD TOWN PLANN~ BOARD 2 APR$27, 1992 Subdivisions - Final: 7:30 p.m. Summit Estates~ Section 1 - Section 1 of this major subdivision is for ten lots on 17.5036 acres located on the southwest corner of Main Road (NYS 25) and Shipyard Lane in East Marion. The entire project, Section 1, 2 and 3 is for thirty-five lots on 40.822 acres. SCTM #1000-35-8-5.3. We have proof of publication in both the local papers and at this time everything is in order for a final hearing on section 1. I'll ask .if there are any objections to this subdivision? Mr. Mark Soloman: I'm a resident in Cleaves Point. Not so much an objection as a clarification, if you could help us with it. I'm just questioning based on what was available so far for us to see the use of the lot that is waterfront property on Gardiners Bay. I understand that it will still remain his personal home and yet the application that is being filed says that it will be part of the association of Summit Estates. I would like to know more about the intended use of it and be able to review the documents that show it. So far, we have been unable to see them. Mr. Orlowski: O.K., I can't answer too much about that myself. I know that they are expanding the dock and they have an application with the Army Corps of Engineers and that the dock is on the park and playground parcel but the applicant has told us and says he will put it in writing that it will be for his own use. That is all I know right now. Mr. Soloman: How can an application be approved under his own personal use and his ownership and then be transferred to an association that could possibly change the use of that after it is already built out for personal use. Mr. Orlowski: We would have to discuss that with the applicant about covenants and restrictions and not letting that happen. Right now, you are bringing it to our attention at a public hearing so we will mention that to the applicant and see exactly how he is going to handle that. Mr. Soloman: Is there anyway that we can see a copy of what is being submitted for your approval before you approve it so we know what to bring up as an issue? Mr. Orlowski: Well, what we are discussing righ$ now is Section I of the subdivision. Mr. Soloman: If the subdivision is approved with waterfront use for recreational purposes and that is not what we thought was going to happen. Shouldn't we have an opportunity to review it prior' to your approval? Mr. Orlowski: Well, that is what you are here tonight for, I mean do you have an objection? Mr. Soloman: Not to the community as planned. Not to the subdivision but we do have an objection that he has had a sign on his property for a year and then filed an application with the Army Corps and the Town of Southold that he wants a personal use of the dock even though it is being written into his documents that he is going to transfer it to Summit Estates and use it for thirty-five homesteads. I think there is something there that should be explored before the approvals are granted. Mr. McDonald: Is your fear that the dock is going to be utilized for thirty five families or it is going to actually have a large number of boats at it? It is not the use of the dock for instance, you don't care how many people walk out on the dock? Mr. Soloman: There are several concerns after consulting some professionals in the field that a 385 foot long dock for personal use is probably three or four times longer than need be, unless it is going to be for the Queen Mary and if it is not an intended use for a later date to be subdivided into thirty-five or more slips, why does he need 385 feet? If you take that into consideration, it doesn't have to be used for thirty-five slips or more to accommodate the con~unity as written in his subdivision, then it is a navigational problem that is also an issue and that I understand, you can't take up with you, you have to take it up with the Army Corps and we are doing that so I don't want to waste your time with that. But, a 385 foot long dock in line with the Gull Pond entrance and in that navigational water seems to be foolish if it is going to be for personal use so why is it all happening if not trying to put something over on all of us? Not just us, his neighbor, but you the Town? Mr. Orlowski: Any other objections to this subdivision? Mr. William Moore: I am here on behalf of the Crescent Beach Condominium Association which is the other adjoining property. Like the neighbor to the east, unfortunately, I got a phone call about ten minutes of five tonight saying, I hear there is a meeting, can you go down there? So, I am here with very little information, I don't know if the applicant is here tonight but there appears to be an unwillingness or inability to provide full information at each step of the process in such a way that you can get a series of approvals. I had an occasion to review the application in the Trustees office as it was apparently submitted to the Army Corps of Engineers and on behalf of Crescent Beach, we are submitting objections to that because it was reportedly along with additional mistakes for individual use, a 385 foot dock with two Tee extensions etc., etc.. One of the concerns I've got, having been before your Board and other board's here, is how SEQRA gets done and considered as one example when you don't know the full scope of the project. That was an issue that gave Richmond Creek Associates a big problem back even before I got involved in that project but an issue was raised as to whether or not there was going to be an amenity to that subdivision. It gave this Board at that time, a big problem and I would suggest that similar inquiries should be made here, so my suggestion and my request to you tonight, coming in with very little in the way of specifics that I can give to you, would be to ask you to continue this public hearing and leave it open so perhaps additional public comment could be made. I don't think additional scrutinity would in any way prejudice the applicant. I think it would only be to better the project and have a full disclosure of what is going on. That would be my request to the Board, to leave it open tonight. Mr. McDonald: Did we SEQRA this with knowledge of the application and the extension of the dock or whatever changes were taking place with this dock? Have we coordinated with the Army Corps of Engineers? Did we coordinate with them? Ms. Spiro: Just recently. Mr. McDonald: Just recently, but not in the original determination. O.K., we can solve it another way. Mr. Soloman: Are the drawings available for us to see tonight as to how the subdivision is being offered and is there an offering statement that we can read or get a copy of in order to understand what is going to happen on that property? The only drawing I have ever seen to date, is one that was sent to us by the Army Corp of Engineers when we questioned it and it is unprofessionally done, not to scale and inadequately described, Not only the waterfront contour, of where the pier is going but it inadequately notes the length of the neighboring piers. It shows our pier as 300 foot plus. We don't have a 300 foot plus pier on our dock or on our property. We just feel that things are being done piece meal without ever seeing the big picture and I think with a Board and a Town that is so concerned about doing things properly, we should all look at the big picture before approving it. Mr. Orlowski: O.K., any other objections to this subdivision? Have you seen the map? Mr. Soloman: Can I take it to my seat? Ms. Spiro: Yes. Mr. Orlowski: Any other objections? Hearing none, are there any endorsements of this subdivision? Ms. Donna Geraghty: I hope I can answer some of your questions. I'm speaking for the homeowner as a developer and as far as the dock .is concerned the reason he has put in for the extension as you know, there are many boats, on both sides there are condominium projects and in fact, he has very little water there and he does have a forty-six foot boat that he keeps at the end of that dock. There is relatively about three to four foot of water. I don't know if you have looked at that as the reason for his dock extension. With reference to the dock itself, it is in fact in the homeowners association and I have a book and I will give you my name and my number and I will be more than happy to share that with you. The water itself, the water area, it is intended that we will be using the beach for swimming just as yourselves do. If I can answer more questions, I will be happy to do that. Mr. McDonald: Do you propose a C and R limiting this dock to no more than one boat? Ms. Geraghty: I didn't say no more than one boat. Mr. McDonald: I am asking you that. Ms. Geraghty: Well, the homeowner himself has four. Mr. McDonald: Is he prepared to covenant against it for any number of boats? Ms. Geraghty: Is he willing to covenant? I don't think that he would like to do that, I think it would be limiting his use to that. Mr. McDonald: So he would like to maintain the ability should it come to pass that he could have one boat for every lot. Ms. Geraghty: I'm not saying that at all. Mr. McDonald: I'm not asking if you would, I am asking if he would like to maintain the right to do that? Ms. Geraghty: Not at this time, no. Mr. McDonald: But he won't covenant against a lesser number of boats? Ms. Geraghty: Mr. McDonald: the right and Well, what are you asking exactly? I'm asking, you can't do both, you can't reserve not limit it against a fewer number. Ms. Geraghty: What I am saying is, at this point in time, it is the intention of the homeowner. He has a house which is on the four and one-half, four and one-third acre lot and in order to retain the value of that particular lot, he is retaining that dock for himself basically. As far as the number of boats used so on and so forth. It would not be for individual lot owners, it is only for the ownership of that one particular lot. He, at present, has four boats. I am not at liberty to say whether he would be willing to covenant against any number of boats but certainly, I can get back and let you know. Mr. McDonald: This is not park and playground? The park and playground is expressly intended for use of the entire subdivision. Ms. Geraghty: Correct. Mr. McDonald: Wouldn't it be more appropriate for a dock for his own personal use to be on his property. Understanding, that the entire subdivision is his presently but the park and playground is intended for the use of the future owners of those othe~r lots. Ms. Geraghty: O.K., I can answer that question. There is only a hundred and fifty feet of waterfront. In other words, the dock lies somewhat about fifty feet in from the western portion of the property, so in order for him to keep the dock as ownership, he would have been giving something like eighty-five feet to the rest of the subdivision which I don't think is appropriate. You know, for beach area. Mr. McDonaldi I guess I understand what you are saying but the fact of the matter is, this is on park and playground land. Ms. Geraghty: Correct. It is in fact on park and playground area.. O.K., and the ownership does in fact belong to the association, but it is in the homeowners association that it is for the use of lot number thirty-three. Whether that lot number thirty-three be owned by him or anyone else. Mr. McDonald: So, a certain portion to a degree is a kind of covenant against a right to part of this park and playground sole]Ly for the use of one lot. Ms. Geraghty: Correct. Mr. McDonald: I have a problem with that because the purpose of a park and playground is to service the subdivision and you are dividing away part of the right of that for one particular lot rather than the entire subdivision. Ms. Geraghty: So then are you saying that it would be best used for everyone to have a boat slip? Mr. McDonald: No, I'm not saying that at all. As a matter of fact, it's clear that we need a lot more information. What I am saying, is that some part of the right of that park and playground is being diverted for the use of a limited number of parcels rather than the entire subdivision. I have a problem with that because that park and playground is intended for all parcels in that subdivision. That is the nature of that park and playground. If some part of that is being taken away from the general public, in that subdivision, then I have a problem with it. I'm not saying anybody else does, just me. Ms. Geraghty: What would you suggest we do with that dock at this particular point? Mr. iMcDonald: I guess that is what we are going to have to find out and what the intended use of the dock is because obviously, with the applicant not here we're not going to know until we actually get it on the record somehow. We have to find out what his long term plan is and how he plans to handle it. Ms. Geraghty: His long term plan is to sell the house. He thought it would add to the value of the house to be able to have the use of that dock as added value to the home. That is the .intention at this point and time. Any other questions? Mr. Soloman: May I say something? Mr. Orlowski: I don't want this to get into a debate. Mr. Soloman: No, I will point things out to you. Mr. Orlowski: First, I would like to see if there are any other endorsements? Are there any other endorsements on this? O.K., is there anyone out there neither pro nor con but may have information pertaining to this that we would be interested in? Mr. Robert Albright: We sold our home earlier this month and I am iii sympathy with his question. We discussed this earlier and the {~estion before the house, if I have to put it in my words is, what is he going to do with the other hundred feet and what do we know about it and how do we go about finding out what his intention is and can he amend it? Can it be restricted in putting in more than the four boats that he has now? These are some of the thoughts that I have. I am not sure if this is the way to express it but this is the way I see it. Mr. Soloman: The drawing that I have shows the contour of the property with his dock and the configuration other than a curve, which allows him to build out his pier and refers that our pier comes off and creates a wider tangent than what would be actually in place when this in fact is the curve, and our dock is right here going out towards the center in a pie shape and if we were permitted, for example, to have the same length of dock it would be coming very close to the tip of his dock because as it approaches the inner circle of the pie, it gets smaller. So, we have questions about that and also there are other buildings on the property that are apparently being used that are not mentioned anywhere. He has a farm, he is building all kinds of other structures there that we see all the time that are filled with animals. Why is there no mention, why are there no permits? It is being treated like his own personal property, which is fine, if it is his own personal property but then what happens once it becomes an association? Does the association inherit the farm? Mr. Orlowski: There are buildings going up in that park and playground right now? Mr. Soloman: Yes sir. Well, yes, back in this area. Ms. Geraghty: I can answer that. Those buildings were removed and 'the property was surveyed by Young and Young, there are stakes that were put out, the building department was down there to check it and to make sure that there is not in fact any buildings that lie on that property. The buildings that you see, they show, that they have been moved since. This is the original survey, they have been moved to the property line, they are now inside his property. Everyone talking. Mr. Orlowski: Alright, I am going to cut this short. There is enough information here for us to hold this hearing open until we clarify a few things and hopefully by the next meeting we'll have some answers for all of us. I'll entertain a motion for the Board to hold this hearing open. Mr. Ward: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. McDonald: Would it be fair to say that the applicant will be receiving a letter from us asking for some sort of information? Mr. Orlowski: Yes. Hearings Held Over From Previous Meetings: Mr. Orlowski: Eleanor Sievernich - This minor subdivision is for two lots on 3.743 acres located on the east side of Cox Neck Lane in Mattituck. SCTM# 1000-113-8-5. Does anyone here have any comment on this subdivision? It is being held open because it is at the Zoning Board of Appeals right now. If not, I will entertain a motion to keep it open. Mr. Orlowski: There is nothing left on my agenda tonight. Does anyone have any questions? Ms. Geraghty: I have the homeowner of S%unmit Estates and perhaps he could answer some questions that were not answered if we may have another moment? Mr. McDonald: At this point, from my standpoint, I would like to see what we can put down in writing to get a written response. We need to digest what the neighbors have to say and see .if we can make any sense out of that. Mr. Fakiris: I am not going to produce the project if we delay it any longer. The time is very critical so if you want to postpone it for another year, I don't think I am going to be able to provide the expenses. Mr. Orlowski: I don't see it being postponed for another year, we have some questions that were brought up tonight in the public hearing process. Mr. Fakiris: I am here to answer your questions. Mr. Orlowski: Well, like Mr. McDonald said, we are going to review everything and then we will get back and put our questions in writing and get an answer back in writing. Mr. Fakiris: O.K. Mr. Orlowski: Anyone else have any questions? Mr. McDonald: Our attempt would be to get the answers to make a resolution on this subdivision for the next meeting right? Would that be our intent? Mr. Orlowski: Yes, our next meeting. any comments or questions for us? Does anyone else have Mr. Orlowski: Mr. Strang did you have some questions? Mr. Strang: Good evening, I addressed a letter to the Board this past week and attached with it a copy of a sketch of a proposed amendment to the site plan that has been before the Board for discussion on the subject premises in Laurel, the present Empire Service Station with the intent to put the convenience store in the present service space now. As per the comment the Board presented the last time with respect to waiting for the input from the State DOT, it became evident when we received that letter from the DOT that the extent of HARV,EY A. ARNOFF Town Attorney MA'ITHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: RE: Bennett Orlowski, Jr., Chairman, Planning Board Harvey A. Arnoff, Town Attorn~ April 24. 1992 Summit Estates Covenants and Restrictions I have reviewed the covenants and restrictions and find same acceptable with the exception of number 11, It would appear that the intent of the Board is to have the parcel in question be immediately offered to the State of New York for its use and. in the event the State does not wish to accept same. to have the developer keep said land available in perpetuity for the State of New York as a conditional final approval, If your interpretation of this is consistent with mine kindly advise the applicant. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Ir. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 TO: FROM: RE: Harvey A. Arnoff, Town Attorney Matt Kiernan, Assistant Town Attorney Bennett Orlowski, Jr., Chairman ~$ Declaration of Covenants and Restrictions Major Subdivision Summit Estates SCTM#1000-35-8-5.3 DATE: April 22, 1992 Enclosed please find a copy of the draft Covenants and Restrictions for the above mentioned subdivision for your legal review. Ail requests of the Planning Board have been included in the document. DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES SOUTHOLD TO;'~'N PLANNING BOARD DECLARATION made this day of , 1992, by GUSMAR REALTY CORP., a domestic corporation having its principal place of business at 13-07 37th Avenue, Long Island City, New York 11101, hereinafter called the Declarant. WHEREAS, the Declarant of Covenants and Restrictions will be filed before the map of Summit Estates is filed in the office of the County Clerk. WHEREAS, the Declarant is the owner in fee simple of the following described premises: ALL that certain plot, piece or parcel of land in the Town of Southhold, County of Suffolk, State of Hew York, known and designated as Lot Nos. i through 35 on a certain map entitled "Map of Summit Estates at East Marion, Town of Southhold, Suffolk County, N.Y." filed in the office of the Clerk of the County of Suffolk on the day of , as Map No. WHEREAS, the Declarant desires to make this Declaration setting forth reservations, restrictions, covenants, conditions and agreements, subject to which the property shown on said map is now held and shall be sold and conveyed. NOW, subject to the with the land: THEREFORE, the aforedescribed premises shall be following covenants and restrictions which shall run No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board: Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lot No. 3, this lot shall be made subject to a covenant that will prohibit its future subdivision. The fence which extends into Open Space Parcel "D" is to be removed, as are the structures which are shown in that area. Ail stormwater runoff resulting from the development and improvements of this subdivision or any of its lots shall be retained on the site and shall not flow out onto Main Road (State Road 25) or into the state recharge basin. 10. No residential structure or other major structure shall be located within 100 feet of the mean high water line on Gardiner's Bay in any manner. No sanitary disposal facility shall be constructed or installed within 100 feet of the mean high water line on Gardiner's Bay. No stormwater runoff shall be discharged directly into Gardiner's Bay in any manner. The following terms shall apply to the Open Space parcels A, B and C. a) These areas shall be owned by the Homeowners Association for Summit Estates. b) These areas shall remain in their natural state. Maintenance of the natural vegetation shall be the only use or activity allowed, other than passive recreation. c) No structure or building shall be placed within these areas. The terms "structure,, and "building,, shall be interpreted as including, but not limited to, swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement of fences. The following terms shall apply to the Park and Recreation parcel D. a) This area shall be owned by the Homeowners Association for Suaunit Estates. b) These areas shall remain in their natural state. Maintenance of the natural vegetation shall be the only use or activity allowed, other than passive recreation. c) Any structure or building to be placed on parcel D, shall receive approval of the Southold Town Planning Board. The drainage pond located on Lots 14 and 15 of the final subdivision map, is to be left intact in perpetuity, and there is to be no lot or road drainage into such pond. This area shall not be filled or regraded. 2 11. 12. The 9' wide strip of land parallel to Main Road (N.Y. State Rte. 25), as shown on the final subdivision map is to be offered for dedication to New York State by the Homeowners Association for future highway purposes. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of 8outhold after a public hearing. Adjoining property Owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. GUSMAR REALTY CORP. By: STATE OF NEW YORK: : COUNTY OF SUFFOLK: SS. On this day of , 1998, before me personally came , to me known, who, being by me duly sworn, did depose and say that he resides at , ; that he is the of GUSMAR REALTY CORP., the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. Notary Public TWOMEY, LATH. A/vi, SHEA & KELLEY, LIP ATYORNEYS AT LAW 33 WF. ST SECOND STRBET P.O, BOX 398 RIVERHF.~,D: NEW YORK 11901 516-727-2180 TELEFAX: 72%1775 JUL ! 'u FAX COVER SHEET Southold Town Planning Board TO: FROM DESTLNATION FAX NO: TRANSMISSION DATE: SLrBJECT: MESSAGE: Mr. Bennett Orlowski, Jr., Chairman and Board Members Southold Town Planning Board ~ .. :- David M. Dubin, Esq. ,: c< .%/;.,, !'.,; :jr,, ' (516) 765-3136 ~;?; ~' !999 July 19, 1999 ",' :' ~:'i'73' Summit Estates Please include this letter and enclosures as part of the record for the Summit Estates application scheduled to be heard this evening. TOTAL PAGES: 23 ANY OF THESE PAGES ARE NOT LEGIBLE PLEASE CALL (516) 727-2180, EXT. ;~9,ANT) NOTIFY LYNNE KRAUZA, ASSISTANT TO DAVID M. DUBLN. THIS TRANSMIS,~ION I5 IlkrI~NDIE) OI'~Y-FOR ~HE U$l OF ~l ~UAL OR gN~ TO W~CH ~ 1~ ADDRESS, A~ ~Y CO~AIN CONF~E~IAL INFORMATION BELONGING TO THE ~ER W~ I~ PRO~C'IED BY T~ A~O~MEY-CLIENT PRWILEGE OR ~ERDOC~. ~ YOU A~ NOT ~ ~ RE~, YOU A~ ~R~Y N~ T~T A~ D~E, COPYING, DIS~ON OR ~ TA~NG OF AN-~ AC~ON ~ RELIAN~ ON ~E CO~ OF T~ I~O~TION ~ 5~C~Y PROH~IT~, · YOU HAVE ~ ~ ~ION ~ E~OR, ~M~IATELY NOI'~ L~ BY ~LEPHONE TO ~NGE FOR l~ R~, e-mail: ddubin~suffolldaw.com july 19, 1999 Bennet~ Orlowski, )¥., Chairman $outhold Town Planning Board Town Flall, 53095 Main Road P.O. Box ~1179 Southold, N'Y 11971 Proposed Major Subdivision for Summit Estates - Sections 1,2~3 &4 SCTM #1000-38-7-(10-12) and 35-8-(5.4-5.18) Dear Chairman Orlowski and Bo~d Members: This firm has been retained by Cleaves Point Condominiums and Crescent Beach Condominium, which are situated immediately adjacent to the east and west respectively of the subject preraises. The purpose of this letter is to identify certain ob.~ections that these homeowners maintain to the applications presently be/ore the Flanning Board, i,e.. seeking permission (i) to segregate and designate Lot No. 33 as a new section in the proposed subdivision (Section 4), and (i/) to allow four (4) slips off the dock, two slips for Lot No. 33 and two slips for "the developer". As explained below, we feel that setL/ng off Lot No. 33 as a new section is premature, and permission to allow four (4) slips off the dock should be referred to the Town Trustees or Zoning Board for a var/ance of the requirements of the Town Code. At the outset, it should be noted that Condition No. 11 of the Declarat/on of Protective Cove~aants and Restrictions for Summit Estates, entered by Mr. Fakiris on July 17, 1992, and recorded on July 23, 1992, provides as follows: 07,1S.'9~ ~fON 10:41 FAX §16727L773 Bennett Orlowski, [u.]y I9, ]999 Pa~ 2 T~'61~iEy LATfl.~!' . "The dock, and any future expansion of such, cannot be conveyed separately front Lot No. 33 except by permission of the Southold Town PIanvZng Board after a public hearing, and if such conveyance shall be allowed, it sh~l be to the owner(s) of the park and recreation area onlv" A review of the Suffolk County Clerk's records reveals that there has been a conveyance that has occurred without a public hearing as required by Condition No. I1 of the Declaration of Covenants and Restrictions. By deed dated September 15, 1995 and recorded on November 14, 1995, Mr. Faldris conveyed the property to Peter Mourkakos. A copy of the deed from Mr. Fakiris to Mr. Mourkakos is enclosed. For the record, Mr. Mourkakos flipped the property to Gusmar Realty Corp. by deed dated September 19, 1995, but not recorded until April 5, 1999; reserving to kimself Lot No. 33. A copy of that deed is also enclosed. With respect to the applicant's request to the Planning Board for permission to allow four (4) slips off the dock extending from Lot No. 33, such request exceeds the Town Code's requirement that a private residentia/dock is restricted to no more than two boats other than those owned by the owner and his immediate family. See, Town Code §100-31(C)(3). ' On this subject, it should be recalled that, back in 1992, the applicant (Mr. Pakiris) attempted to extend his dock and its usage. The matter was referred to the Town Trustees and to various other agencies. At that time, the President of the Town Trustees stated that the use of the dock by more than two boats other than those of the owner and his imm. ediate family "would be a violation of the Town's Zoning Ordinance." A copy ot the Town Trustees' letter dated April 9, 1992 Is enclosed. The Town Trustees also stated that the proposed extension would provide for "an extremely large facility and if built would be equal to a marina and could impede navigaiion to neighboring docks." A copy of the Town Trustees' letter dated /anuary 16, 1992 is enclosed. In addition, the Director of the Division of Coastal Resources & Waterfront Revitalization of the Deparhl~ent of State stated that 'only boats owned by Mr. Peter Fakiris are to be moored at the proposed private docking facility." ^ copy of the Director's letter dated April 24, 1992 is enclosed. Moreover, the applicant at that time stated that the "intended use of said dock is for the exclusive use of Mr. FalOrie, for the purpose of docking his own boats." A copy of Ms. Geraghty's letter dated May 5, 1992 is enclosed. 07~19/9g ~N 1!):~ FAX $1STg?lTT§ Bennett ©rlowsk~, ltfly 19, 1999 Page 3 For these reasons, we respectfully request that the issues of the permanent ownership of the dock and its usage should be resolved before the Planning Board takes any further steps in connection with this matter, and that the applicant should be direzted to apply to the Town Trustees and/or the Zoning Board for a variance of Se Town Code if it see'ks to use the dock by more than two boats other than those owned by the owner. Given the Town's concern for shellfish and watercraft safety, we believe that these issues should be addressed at this time, especially since' it appears that "the developer" is advertising that 35 homesites will have 'boating" (see enclosed). We would appreciate your inciucling this letter as part of the record of the referenced application, and we thank you for the opportunity to comment on this matter. DlvlD/lrnk Enclosures Cleaves Point Condominiums Crescent Beach Condominium ~ly y~ 005 WO~ z0:43 'l~40ta~¥ oo~ oo 07/19,'99 .~0:45 F~O: 5~.6727].775 ~OMEY LA'rEAM.. 0?/lg/: WO~ 10:~d ~1~72717T~ IL~TitAJL. 010 _m R~gORDED MON !0;47 FAX $16727177~ TwoMEy LATI~a.I~.. ~012 07,08 TEN an~ nO/lOOth~ ($10.00} 97;19;99 .~iO}: 1~}:4B FA.X $1672;17~$ T~O~]~¥ LATHAM. ~013 ~EOINNIN~ mt a ~oin~ on ~he wcs=erly side o£ Shipyard Lane, ssid'~o!nt bein~ situate the :o/lowinG three {3) courses end 2. $ov~h 37 deg. 45 m~n. 52 sec. ~&s~ ].- Bou=h 3~ ~eg. 06 min. ~2 $e¢. ~ast ~22.54 fee~, 3, South ~7 deg. 3} min. 28 ~ec. W%H~ S7,89 fe~, 4. North ~4 de~. 22 min. 32 aec. Wt~% 352.56 fe~ so a CON?AININO an Area 07:19,'9:~ M0N L,J:50 FiX 3167271775 TW0}~Y LSTHAM.. ~017 ~-~ coo APR 05 '1199 ~axl / Mmt~a~ 'r~ S~mp Sub Toi:d RECORD & R~TURN TO {ADDRESS) ~ P. MD BY: NAIve: .L],,.,,.. ':' nOaAIH= LLEitK OF SUFFaLI{ COUNTY lille Compana, Informalion 'I~Sc Number Suffolk County Recording & Endorsement Page - madc by: ~t~ ~ '~r ~O]~ 0t ItAMI..ET af THRU 9 :KU~'T BE TYPED OR PRIATIID [lq BLACK I~K ONLY PRIOR TO RI~CORDING OR Telephone (~ 16) 765-1892 Nax ('~ 16) 765-182~ T~O~EY LATltAH.. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPI/RVISOR SCOTT L. HARRIS ToWn ~ 53095 ~,,t. R~sd p.O. Box 1179 Southokl, New york 11971 i~o15 April 9, t992 Cleaves Point Condominiums Att~ H. Boening & M. Greenatein P.O. Box 29 Greenport NY 11944 Re: Army Corps Appl. #91-0925-L2 Dear Mssrs. Boening & Greenstein= With respect :o your letter o£ March 31, 1992 with attached letter from Congressman Hochbrueckner, this letter will confirm my previous letter of January 16, 1992 and as such there are no other actions available =o the Southcld Town Trustees concerning this ~atter at this time. A~y fur=her proposed alterations to the dock in question which are landward of the seaward most position as it is presently configured wo~ld require a wetland permit from this Board as an accessory use by Mr. Fakirie' house. The permanent use of this ~ock by more than =we boats other than those of the owner and his i~media=e family would be a violation of the ToWn Zoning Ordinance. Although T honestly do not believe there are any other branches of Southo!~ Government other than the Trustees and Planning Board which w~uld he involved with this structure on an approval/denial basis at thi~ time, you may wish to contact the legal department and the chairman of the Zoning and Planning Boards for their own response in this matter. President, Board of Trustees cc. TA Planning Board Zoning Board Telephone (5 l ~) 76:~- ! $92 Fax (516) 765-1823 BOARD OF TOWN' TRUSTEES TOWN OF $OUTHOLD SUPI/;RVISOR $ CO'l~ L. HARMS Town Hall 5309§ ?*hin Road P,O. Box 1179 Southold, New York }.1971 ~CCRRECTED COPY Land Use Co. 2576 Sound Avenue Baiting Hollow, NY 11933 R~: Peter Fakiris $CTM ~1000-38-I-18 Dear Ms. 5achenmeyer: The Trustees inspected the above referenced site on January 9, 1992. The Trustees find the extension of the dock to be out of their Jurisdiction by virtue of being greater than 5' in dep%h below mean low water. The Boaro feels the extension provides, for an extremely large facility and if built would be equal to a marina and could impede navigation to neighboring docks. If you have any questions, please do not hesitate to contact thl~ office. Ve<y truly yours, John M. Bredemeyer, President. Board of Trustees JMB:jmt cc: De~t. of State, Mohabi= Persaud DEC - Christine Costopou!o~ CAC T~OI~EY L.tTEAII.. ~TATCOF NEW YORK DEPARTMENT OF ~TATE A~ANY, N,Y, I2231-.0001 A~ril 24, 1992 ~]020 Land Use C~apany 2B76 Sound &vmnue Army ,~o=p~ ~ E~ineers/New Y~rk Dis~r~¢t 'Pemait A~piica~ion '~91-925-L2 The Dnpa~ment of State has comglete~ i~; ovaluation o~ your ~ederal Con~£oeeflc~ Assessment Fo~m and cer~ific&t£on rh~t the ~ove ~sed ~t w~ll be ~ondu~ed i~ a ~a~ne= oonsi~ent wi=h thie prog=~. Pursuan~ to 15 CFR Section 9]0.63, and based upon the ~r0ject information the Depextment o~ S~a~e oon~,l~s ~!~h your connie=they certification i, The facility will not be used for co~me~ci&l ~u=posee at any time. 2. Only bomtm owned by M=. Peter Faklris are to be moored at nhe p~oposed p~ivate docking facility. ob~&Ln all o=h~r a~plicable licenses, permits,' and appcovals reguired under A coFy of thi; decis~.on has been sent to ~he Corps of Engineers. NY~ DEC/Region ! - Robert Greene Town of South~ld - Bennett Orlowskl !. May 5, 1992 Sou=hho!d Town Planning Board 53095 Main Road Scuthhold, NY 11971 Dear Board Members: Bu~uni= ~tato~ Sec. 1 East Marion S.C.T.M.-# 100-35-8-53 In response to your question of the use of th~ dock which is si=ua=ed on the park & recreation area for Summit Estates. The intended use of said dock is for the exclusive use of Mr. Fakiris, for the purpose of docking his own boots. If you have a~'F further questions please contact me a~ (516) 8515. Sincerely 11 WEST MAIN STREET, RIVERHEAO, NY 1~901 · {5~,6) 369-8515 · FAX ($16) 727-3707 110 F~ONT ~TREET. GREENPORT. NY 1 ~1S44 - (516) 477-2730 · FAX (5t6) 477-8643 07,'1~,'9~ ~ON 10:5~ F~tX 5±67271775 T~'011E¥ LATtLiM.. 022 · Bo^~G · F!s~c~ SITE PLAN MAP · GOLFING Oller~d Exclusively by: '~ $4JlDYBE,4cH ~ VICTORIAN REALTY cORP~ 110 F~o~ ,Sb-~t. Gree~porl NY 11ej44 (5'16) 477-2730" LLIAM J. CREMERS e~ ,NNETH L. EDWARDS cGE RITCHIE LATHAM, JR. ~ -~,~_~ RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 20, 1999 Donna Geraghty Victorian Realty 110 Front Street Greenport, New York 11944 RE: Major Subdivision for Summit Estates, Sections 1, 2, 3 & 4 SCTM# 1000-35-8-(5.4-5.18) & 38-7-(8-12) and Summit Estates, Section 4 SCTM# 1000-38-7-p/o 10 (a.k.a. SCTM# 1000-35-8-5.3) Dear Ms. Geraghty: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, July 19, 1999: BE IT RESOLVED that the Planning Board hold the hearing in regard to condition number 11 of the Declaration of Covenants and Restrictions open pending review by the Town Trustees in regard to the allowable number of boat slips and the allowable use of the dock for the dockage of boats. The applicant must apply to the Town Trustees in regard to the proposed use of the dock for boat slips and the dockage of boats. The Planning Board will re- open the hearing in regard to the conveyance of the dock upon notification from the applicant in regard to the use of the dock allowed by the Town Trustees. BE IT FURTHER RESOLVED to hold the final hearing for Summit Estates, Section 4 open until such time that the public hearing in accordance with Condition Number 11 of the Declaration of Covenants and Restrictions is concluded. Please contact this office if you have any questions regarding the above. Sinc.,_~rely, /f4~ ,f /,/~ Bennett Orlowski, Jr. ///~(' Chairman ~, , ,/ cc: Town Trustees IF, GAL NOTICE ~l~ee d Publk He~lo~ NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, and Article XXV of the code of the Town of Southnld, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Sonthold, New York in said Town on the 19th day of July, 1999 on the question of the following: 5:00 P.M. Public bea~ing in ac- cordance with Condition #11 of the Declaration of Covenants and Restrictions for Summit Estates. Condition #11 reads as follows: "The dock, and any further expan- sion of such, cannot be conveyed separately from Lot No. 33 except by. permission of the Sonthnld Town Planning Board after a public hear- lng, and if such conveyance shall be allowed, it shall be tO the owner(s) of the park and recreation area only." For Summit Estates, Sections 1, 2, 3 & 4 in East Marion, Town of S~lthold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-35-8-(5.4-5.18) and 38-7-(10-12). The property which is the sub]ecl of this public hearing includes all lots within Summit Estates owned now o~ formerly by Gusmar Realty Corp. [Lots 38-7-(10-12) and 35-8- (5.4, 5.5 and 5.9-5.18]; by land now or formerly of Peter Mourkakos, by land now or formerly of Kenneth and Punlette McDonald, by land now or formerly of John A. and Emily Brady, and by land now or formerly of Robert and Stephanie lngram. The Summit Estates property is bordered on the north by Main Road (NYS Rt. 25), and by land now or formerly of New York State Department of Public Works; on the east by Shipyard Lane and by land now or formerly of Parkside Heights Comp.; on the south by land now or formerly of Cleaves Point Village Condominium Property Owners, by Orient Harbor, and by land now or formerly of Crescent Beach Prop- erty Owner~ Association; and on the west by land now or formerly of James E Kavanagh and wife, by land now or formerly of Crescent Beach Condominium, by land now or for- merly of Fred and Jenny Schooastein, by land now or for- merly of John Aexel and ano., by land now or formerly of Otto Schoenstein and wife, by land now or formerly of Anna Giannaris and ano., by land now or formerly of Theodore Miller and wife, by land now or formerly of Kevin R. McEIroy and wife, by land now or formerly of Larry D. Bouts and wife, and by land now or formerly of Antonios G. Katsimatides and wife. 5:05 EM. Public hearing for the proposed amended site plan for North Fork Bank, in Mattituck, Town of Southold, County of Suf- folk, State of New York. Suffolk County Tax Map Number 1000-122- 6-20 & 22. The property is bordered on the north by land now or fm'merly of Long Island Rail Road; on the east by land now or formerly of Wilson; on the south by Main Road (NYS Rt. 25); and on the southwest by land now m' formerly of Wilsburg, by.land now or formerly of Browner, alld by land now or formerly of Wyche;' and on the northwest by land now or formerly of Miles, and by land now or formerly of Hob~on. Dated: June 30, 1999 1768-1TJy8 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman :sTATE OF NEW YORK) )SS: CQUNTY OF SUF,?OLR) '~Jf CI.~. ~' [I._J I { [ \ ~' of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regu- larly published in said Newspaper once each week for \ commepci~g of ~_ lC( [J~t on Sworn to before me this day of weeks successively, the ~I-~, day (_1 Principal Clerk 19 July 6, 1999 Southold Town Planning Board Southold Town Hall PiO. Box 1179 Southold, NY 11971 RE: Major Subdivision for Summit Estates 1, 2, 3 & 4 SCTM~1000-35-5-5.4 - 5.18 SCTM~1000-38-7-10- 12 Dear Melissa: With reference to Condition number 11 of the recorded document pertaining to the dock and any further expansion of such cannot be aonve)m~d sepJ'ately from · Board after a lot number 33 except by permission of the Southold Town Planning public heating. The developer would like to retain the ownership of the said dock for hemeownem amlectafion. The proposed use of the dock would allow two slips on the east side for lot number 33 and two slips on the west side for the developer. Upon the sate of the 51% of Summit Estates the homeowners association will have the right to approach the board with any further use of the said dock. Please feel free to contact me if you have any further questions at 477-2730. Very truly yours, Donna Geragh JUL ? 1999 Southold Town Planning Board 110 FRONT STREET, GREENPORT, NY 11944 · (516) 477-2730 · FAX (516) 477-8643 Notice of Hearing A public hearing will be held by the Southold Town Planning Board at Town Hall, 53095 Main Road, Southold, New York, concerning this property' OWNER S(_S_~ OF RECORD: Peter Mourkakos & Gusmar Realty NAME OF APPLICATION: Summit Estates, Sections 1, 2, 3 & 4 REFERENCE/TAX MAP #: 1000-35-8- (5.4-5.18) and 38-7-(10-12) SUBJECT OF HEARING: Public hearing in accordance with Condition # 11 of the Declaration of Covenants and Restrictions for Summit Estates. Condition #11 reads as follows: "The dock, and any further expansion of such, cannot be conveyed separately from Lot No. 33 except by permission of the Southold Town Planning Board after a public hearing, and if such conveyance shall be allowed, it shall be to the owner(s) of the park and recreation area only." TIME & DATE HEARING: Monday, July 19, 1999 at 5:00 p.m. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the hearing during normal business days between the hours of 8 a.m. and 4 p.m. PLANNING BOARD -~ TOWN OF SOUTHOLD - (516) 765-1938 Southold Town PlanninR Board Notice to Adiacent Property Owners You are hereby given notice: That the undersigned has applied to the Planning Board of the Town of Southold for a public hearing in accordance with Condition #11 of the Declaration of Covenants and Restrictions for Summit Estates, Condition #11 reads as follows: "The dock, and any further expansion of such, cannot be conveyed separately from Lot No. 33 except by permission of the Southold Town Planning Board after a public hearing, and if such conveyance shall be allowed, it shall be to the owner(s) of the park and recreation area only." That the property which is the subject of the hearing is located within Summit Estates, which is located on Shipyard Lane, SCTM#1000-35-8-(5.5-5.'I8) and 38-7-(10-12). That the property which is the subject of this application is located in the R-40 zone. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board office at (516) 765-1938. That a public hearing will be held on the matter by the Planning Board on Monday, July 19, 1999 at 5:00 p.m. in the meeting hall at Southold Town Halt, Main Rd., Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owners Name(s): Date: BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS ~e.o~ KENNETH L. EDWARDS ~ GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 29,1999 Donna Geraghty Victorian Realty 110 Front St. Greenport, NY 11944 RE: Major subdivision for Summit Estates - Sections 1, 2, 3 & 4 SCTM# 1000-35-8-(5.4 - 5.18) and 38-7-(10-12) Dear Ms. Geraghty: The following took place at a meeting of the Southold Town Planning Board on Monday June 28, 1999: WHEREAS, in 1993, the Planning Board granted final approval to Summit Estates Section 1; and WHEREAS, at the time final approval was granted to Section 1, a dock existed on the area shown as Summit Estates, Section 1, Parcel "D" Park and Recreation Area; and WHEREAS, at the time final approval was granted to Section 1, a house existed on the area shown as Future Section 3, more particularly on the area shown as Lo! #33 of the overall Summit Estates subdivision; and WHEREAS, in accordance with a condition of approval for Summit Estates Section 1, a Declaration of Covenants and Restrictions was recorded in the County Clerk's Office for the Summit Estates subdivision; and WHEREAS, Condition Number 11 of the recorded document contains the following restriction: "The dock, and any further expansion of such, cannot be conveyed separately from Lot No. 33 except by permission of the Southold Town Planning Board after a public hearing, and if such conveyance shall be allowed, it shall be to the owner(s) of the park and recreation area only."; an~l' Page 2 Major subdivision for Summit Estates - Se~ons 1, 2, 3 & 4 June 29, 1999 WHEREAS, as per the Southold Town Tax Assessors' records, the area know as Section 4, Lot Number 33, is owned by Panagiotis Mourkakos, and the area know as Parcel "D" is owned by Gusmar Realty Corp.; and WHEREAS, the conveyance from one property owner to the other took place without a public hearing as required by Condition Number 11 of the Declaration of Covenants and Restrictions; and WHEREAS, since the Planning Board's approval to Section 4 will allow the conveyance of Lot Number 33 to be formalized, the Planning Board has decided that the public hearing in accordance with Condition Number 11 of the Declaration of Covenants and Restrictions must take place prior to the Planning Board granting any approval to the proposed Section 4; be it therefore RESOLVED to hold the final hearing for Summit Estates, Section 4 open until such time that the public hearing in accordance with Condition Number 11 of the Declaration of Covenants and Restrictions is concluded. BE IT FURTHER RESOLVED to set July 19, 1999, at 5:00 p.m. for a public hearing in accordance with Condition Number 11 of the Declaration of Covenants and Restrictions for Summit Estates. Condition Number 11 reads as follows: "The dock, and any further expansion of such, cannot be conveyed separately from Lot No. 33 except by permission of the Southold Town Planning Board after a public hearing, and if such conveyance shall be allowed, it shall be to the owner(s) of the park and recreation area only." Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. Al~ lot owners of Summit Estates must, as well, receive notification of the hearing. The sign and notification form are enclosed for your use. Please return the endorsed Affidavit of Posting and the si~ned ereeq return receipts from the certified mailings on the day of, or at the public hearing. Please contact this office if you have any questions regarding the above. Sincerely, Orlowski, Jr. Bennett Chairman enc. Sender: Snlm~isston Without a Cover Letter Subject: ~m~i+ ~£~' -~e_LI SCTM#: 1000- ~-~- ~'-~ Com~nts: ~ JUN 0 8 1999 Southold Town Planning Board To be attached to and form a part of: Bond No.: Obligee: ULICO CASUALTY COMPANY B93-000461 BOND RIDER Town of Southold, NY Town Hall 53095 Main Road, PO Box 1179 Southold, NY 11971 Surety: (Seal) expressly modified. This dder is effective: Signed, Sealed and Dated this Pdncipal: (Seal) Dated: June 7, 1993 In consideration of the premium charged for the above bond, it is hereby agreed to: Renew the above bond for a period of three (3) months. From: 06/07/99 To: 09/07/99 The above referenced bond shall be subject to all its agreements, limitations and conditions except as herein June 7, 1999 7th day of June 1999. Gusmar Realty Corporation By: Ulico Casualty Company Rev. 02/03/97 Site Improvement Bond ULICO CASUALTY COMPANY N2 0509 POWER OF ATTORNEY This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: Cynthia A. Meyer of Ulico Standard of America Casualty Company, of Middletown, ~n the State of New Conlxact bonds and other related s~rety bonds: IN AN AMOUNT NOT TO EXCEED THREE MIL[~ON ($3,000,000.00) DOLLARS; to bind Ulico C, am~alty Company thereby as fully and to the same extent as if such bond was ~igned by the duly authorized officers of Ulico Casualty Company, and ~dl the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. This Power of Attorney is void unless the seal is readable, the text is in black ink, the signatures are in black ink, this notice is in red ink, and if aHached to a document executed subsequent to March 31, 2001. Ulico Casualty Compgsry District of Columbia ss: By: ~ ~ A~' Ge°rg~ne' ~hai~/u~/~Chief Executive Officer On this 1st day of June, 1998, before the sub~ctther, a Notary public of the District of Col~nbia, duly coaunf~oned a~ ~di~ed, came Robert A. Geor gine of U]Jco Casualty Company to me personally known to be the individual and officer des~ibed therein, and who ex~.~ut~i the preceding insb~um~t, and acknowledged the execution of the same, and being by me duly sworn, deposed and ~aid, that he is the officer of the Coml~ny ~f~re~ and that the ~enl nffixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signatu~ as an officer were duly affixed ami ~ub~tbod to the said J~troment by the authority and direction of the Corporation, ~ that the r~c~olution of the Company, referred to in the preceding tosh-ument, is now in force. In Testimony Whereof, I have hereunto set my hand, and affixed my offidal seal at Washington, DC the day and year abov,e written. / ~,~PUBLiC,/~ / ~ ~_ ~ Justice' Lea ' CERTIFICATION ~ yh AIC~rabi]lo, Assistant Secretary UCB-102-POA1 (06/98) ULICO CASUALTY COMPANY FINANCIAL STATEMENT AS OF DECEMBER 31, 1998 I ce~ify that the below listed officers were duly elected by the Board of Directors of Ulico Casualty Company and continue to hold the office set opposite their names. OFFICERS Robert A. Geo~gine Thoma~ H. Ty~II St~ven K. Mayberry Jack Ormes William C. D~inque Michael R. Ma~hanich Chairman, CEO, President Executive Vice President Senior Vice President, Finance General Counsel Vice President Vice Pmaldent Joseph A. Carabillo John K. Grelle Mii:hael R. Steed John R. Apt'ill Richard A. Bianchi Vice President, Counsel, Asst. Secretary Senior Vice President Vice President, Investments Vice President Vice President I thr~cr certify that the following Financial Statement of the Company is true, as taken from thc books of thc Company as of December 31, 1998: ASSETS LIABILITIES Bonds Common Stock MoOgagn loans on real estate Pre fened Stocks Agg~gnt~ write-ins foi' invested a~sel.~ 83,446,975 32,706,180 19,808~63 (1,306,839) 184,727 (4,458,978) 121,365 10,146,423 1,190,486 Real ~tat¢ 1,057,000 Recaivabl~s ~om parent, subsidiaries and affiliates - 0 - Agg~gate wfit~-im for m~ts other than inveslro~nt resets 2,436,562 Funds held by or deposited with reinsurance company 10,036,866 Bills, Receivable, taken for premium Guaranty Funds Receivable TOTAL ADMITTED ASSETS 140,886 32fl06 155,542,622 Losses Other cx~ Unearned premiums Total Liabilitie~ CapiLal paid-up Paid-la and conUibuted surplus Unassigned funds (surplus) To~al Policyholder's Surplus TOTAL LIABILITIES & POLICYItOLDER'S SURPLUS 51,212,952 9,375,422 3,556,200 1,142,930 387,863 934,028 11,242,893 (17,356) 10,039,793 1,420,29I 413,779 281,709 i 1 ,MA,078 (2,163,122) 99,271,460 5,000,0~0 53,289,263 (2,018)10l) 56~271,162 155,542,622 lIN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Company this 15th dawl~ay, 199~ .n k_ On this 15~ day of May, 1999, before the subscriber, a Notary Public of the Dish'icl of Columbia, duly commissioned and qualified, came Robert A. Georginc of Ulico Cazuaity Company to me personally known to be the individual and officer described hc~:in, and who executed the preceding instrumant, and acknowledged the execution of the same, and being by me duly sworn, deposed and said, that he is the officer of the Company aforesaid, and the seal affixed to the preceding instrument is the Corporate IN TESTIMONY WHEREOF, 1 have hereunto set my hand, and affixed my official seal of Washington, DC, the day and year above wri .t~n. ' M~ Commm,0n [xOire~ March 31. 2001 111 Massachusetts Avenue, NW · Washington, DC 20001 · 202/682-0900 · Fax 202/682-4975 GUSMAR REALTY CORP. 13.15 37 AVENUE LONG ISLAND CITY, NY 11101 718-392-6858 FAX 718-729-4160 June 2,1999 Town of Southold Plannin8 Bomrd 53095 Ivlain Road Southold, NY 11971 Attn. Melimsa Spiro RE: Performance Ouarantee for Summit Estates Phase 1 SCT~# 1000.35-8.~:3 Dear Ms. Spiro: We ~re in receipt of your request for a renewal on the existing bond for the above- mentioned project (copy of)our letter enclosed), Please note that over 60% ofthe improvements have been completed to date. The followin8 utilities were ordered and paid as required: I. LILCO 2. Suffolk County Water 3. Cablevision Systems 4. Telephone installation The storm drainmse has been completed and final 8radin$ has also beau done. Upon completion o£the utility installation, all that remains is finish site work (pavins, trees, and lightin8 installation). Therefore, we are requesting you review this file and revise the amount r~quired for the bond, Thank you, Should you ave any questions, please call PanteHaFakiris, Pres. ~ oZ~ole~oe~ '-~'~.~.,~ \e_Jk-~el~. JUN 03 1999 pLANNING BOARD MEMBER~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS ~EORGE RITCHIE LATH/MM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD BY FACSIMILE & CERTIFIED MAIL May 28, 1999 Donna Geraghty Victorian Realty Corp. 110 Front St. Greenport, NY 11944 Re: Performance Guarantee for Summit Estates, Performance Bond- Phase 1 SCTM# 1000-35-8-5.3 Dear Ms. Geraghty: TI3e performance guarantee for the subdivision of Summit Estates Phase 1 (Bond #00461 with the Ulico Casualb] Co.) is due to expire on June 7, 1999. Since the improvements have not been completed, you must extend the guarantee for at least another year. An extension of this guarantee must be submitted to this office before the expiration date. Please contact this office if you have any questions regarding the above. Sincerely, Planner cc: Elizabeth A. Neville, Town Clerk April 26, 1999 Melissa Spiro Southold Town Planning Board Southold Town Hall P.O. Box 1179 Southold, NY 11971 RE: Proposed Major Subdivision Summit Estates Dear Melissa: With reference to your letter dated February 25, 199g I would like to clarify the lots in all of the sections for Summit Estates at East Marion, NY. Section I consists of lots 1 thru 10. Section II = lots 11 - 22. Section III = lots 23 - 35, minus lot 33. Section IV = lot 33 only. I hope this information is helpful to you. Very truly yours, Donna Geraghty APR 1999 Southold Town Planning Board 110 FRONT STREET, GREENPORT, Ny 11944 · (516) 477-2730 · FAX (516) 477-8643 PLANNING BOARD MEMBEl~ BENNE~r ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICI~[ARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 18, 1998 Donna Geraghty Victorian Realty Corp. 110 F~,-ont Street Greenport, NY 11944 RE: Summit Estates Section 1 ()pen Space Parcel B SCTM# 1000-35-8-5.3 Dear Ms. Geraghty: The Planning Board reviewed your letter of August 10, 1998, at the August 17th work session. In your letter you propose to construct an artificial pond on Open Space Parcel B. In addition, you ask for permission to place a sign on the corner of Route 25 and Shipyard Lane. A requirement of the Declaration of Covensnta and Restrictions which was filed for the subdivision is that the Open Space areas are to remain in their natural state. The pla,~ni,~g Board is not in favor of amending the filed Document to allow for the construction of an artificial pond. Please, refer to the Town Code, Article XX (Signs) for information regarding the permitting process for a sign on the corner of Route 25 and Shipyard Lane. Please feel free to contact me ff you have any questions regarding the above. VICTORIAN REAI TY colin. ".& F.11 ,~e'J"'~lee Reslty" August 10, 1998 Southold Town Planning Board PO Box 1179 Main Road Southold, NY 11971 A'FI'N: Melissa Spiro RE: Summit Estates Subdivision, East Madon Parcel B - Open Space Area Dear Melissa, I am writing to you in reference to the above mentioned section on Summit Estates. We would like to request that the Board consider allowing us to improve the open space area adjacent to Route 25. We would like to put an artificial pond that would act as a drainage basin that would catch the road run-off from Route 25 and Shipyard Lane as well as perhaps signage on the comer of Route 25 and Shipyard Lane as per diagram (see enclosed diagram). Any other aesthetically pleasing ideas that you may suggest would be greatly appreciated. Thank you for your prompt consideration to this request, Sincerely, Donna Geraghty Southold Tow~ Planning Board 110 FRONT STREET, GREENPORT, NY 11944 (516) 477-2730 · FAX (516) 477-8643 ~ × "A Full S,z~vt~ Realty" May 19, 1~7 Southetd Town Hall $outheid, NY 11971 Re: Summit Eatat~, ~Bond I am enclosing the Bond Rider for Summit Estates located at East Marion, New York. Thank you for your cooperation in advance. Very Truly Donna Geraghty 110 FRONT STREET, GREENPORT, NY 11944 - (516) 477-2730 FAX (516) 477-8643 ULICO CASUALTY COMPANY BOND RIDER To be attached to and form a part of: Site Imcrovement Bond Bond No.: 00461 Obligee: Town of Southold, NY Dated: June 7, 1993 In consideration of the premium charged for the above bond, it is hereby agreed to: Renew the above bond for a period of two (2) years. From: 6~7~97 1'o: 6~7/99 This rider is effective: Signed, Sealed and Dated this May 15, 1997 15th day of May, 1997. The above referenced bond shall be subject to ail its agreements, limitations and conditions except as herein expressly modified. ~ ~ ~ n PLANNiNb Principal: Gusmar Realty Corporation By: . _ _ I"~'~-~'"~ ~ J (Name & Title) Surety: (Seal) UUCO Casualty CompanY (~ ~/John. F. Blackwell Attorney,in-Fact Form 901 Rev. 02/03197 ULICO CASUALTY COMPANY I I 1 Massachusetts Avenue, N.W. Washington, DC 20001 b!O18 POWER OF ATTORNEY Know All Men By These Presents: That Ulico Casualty Company, A Delaware Covpomhnn, having its principal office in Washington, DC, pursuant to the following iesolution, adopt~d by the Board of Trustees of the Corporation effective on the 28th day of JanuaI2/, 1993: RESOLVED: "That the Chairman and Chief Executive Officer be. and hereby is. authorized to execute Powers-of-Attorney, qualifying the attorney named in the: Powers-of-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the Corporation, in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power-of-Attorney or to any certificate refatthg thereto by facsimile, and any such Puwer-of-Attomey or eertifica~ beating such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any ¢ontrata bond or other related surety bond to which it is attached. This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution· DOES HEREBY MAKE, CONSTITUTE AND APPOINT: Cb. arias R. Sormani, John F. Blackwell, and Brenda Ewing of Ulico Casualty Company of Washington, in the District of Columbia, its true and lawful Atmrney(s)-in-Fact with full power and authority hereby ¢onfurred in its name, place and stead to sign. execute, acknowiedge and deliver in its behalf, and as its act and deed, without power of redelegatfun, as follows: Contract bonds and other related surety bonds: IN AN UNLIMITED AMOUNT; to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company, and all the acts of said Attorney(s)-in-Fact pursuant to the authorit~ herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has can~-d this Power of At~mey to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 20th day of O~tol~r, 1994. Ulico Casualty Company / District of Columbia ss By' · · ~ ' Robert ~. ( ~;-C'rh airman' ana' c h i~. ~/_~'e~tive Officer On this 20th day of October 1994, before the subscriber, a Notm'y Public of the District of Columbia commissioned and q~aa~ !)ca, cume Ro · Georg ne of U co Casualty Company to me personally known to be the indivtdual and officer descnbe~therem, and who executed ~a~ j.r~ced.m, g ~n~t .mme,nt, By: CERTIFICATION 1. Ioseph A. Carabilio Assistam Secreta~ of Ulieo Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution adopted by the Board of Trustees of this Corporation and the Powers of Attorney issued pursuant thereto aru true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect· In Witness Whereof, I have hereunto set my hand and affixed the seal of the corporation t~is iSth day of This Power of Attorney is void unless the seal is readable, the text is in black ira:. the ~'~natures are m black ink. ~'~2a mis acti:e is in red ink. UCB-102-POAI (09/94) PLANNING BOARD MEMBEI~S BENNETT ORLOWSKI, gR. Chairman WILLIAM J. CREMERS K~NNETYI L. EDWARDS GEORGE RITCHIE LATH.a.M, JR. RICI-IARD G. WARD Town Hall, 53095 Main Road P~O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 CERTIFIED MAIL PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 6,1997 Donna Geraghty Victorian Realty Corp. 110 Front St. Greenport, NY 11944 Re: Performance Guarantee for Summit Estates, Performance Bond- Phase 1 SCTM# 1000-35-8-5.3 Dear Ms. Geraghty: The performance guarantee for the subdivision of Summit Estates Phase 1 (Bond #00461 with the Ulico Casualty Co.) is due to expire on June 7, 1997. Since the improvements have not been completed, you must extend the guarantee for at least another year. An extension of this guarantee must be submitted to this office before the expiration date. Due to the timing of the Town Board's meetings, if the extension is not received by Noon of May 23, 1997, there will be a resolution before the Town Board at its May 27, 1997 meeting to authorize the Town to draw on the Letter of Credit if the extension is not received by Noon of June 5, 1997. Please contact this office if you have any questions regarding the above. Sincerely, //~ Melissa Spiro ~/ Planner cc: Judith T. Terry, Town Clerk PLANNING BOARD MEMBERS RICI-IARD G. WARD GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 22, 1997 Donna Geraghty Victorian Realty 110 Front Street Greenport, NY 11944 RE: Proposed Major Subdivision Summit Estates 1000-35-8-5.3 Dear Ms. Geraghty: The Planning Board reviewed your letters of April 8, 1997, in regard to proposed development on the Park and Recreation Area for the Summit Estates subdivision and the survey showing Summit Estates, Section 4, at last night's work session. Upon submission of final maps for Section 4 containing approval from the Health Department, the Planning Board will proceed with that section of the subdivision. In regard to your inquiry to develop the park and recreation area with a parking area, storage cabanas, bathroom facilities and a gazebo, the Planning Board is requiring that you submit a formal plan, drawn to scale, for all proposed uses for the Planning Board's review. As per the recorded Declaration of Covenants and Restrictions and the approved subdivision for Section 1, all structures must be located behind the established setback for the park and recreation area. Therefore, the location for the proposed gazebo is not acceptable. As you know, Health Department approval is required for any bathroom facilities. Please contact me if youo Sincerely, /// Planner ~/ have any questions regarding the above. Apdl 8, 1997 Southoid Planning Department Town Hall 53095 Main Rd PO Box 1179 Southold, NY 11971 ATTN: Valerie RE: SUMI~T ESTATES, East Marion - Park and Recreation Area Dear Valerie, As the Agent for Summit Estates in East.Marion, we would like to develop the park and recreation area for the quiet enjoyment of the subdivision homeowners. As per our covenants and restrictions paragraph 7(b) & 8(c) we would like to have the ability to place a parking area on the northerly portion of the Parcel shown as D. We would also like to have the ability to build small storage cabanas and two bathroom facilities on the northwesterly side of parcel d, as well as placing a gazebo, in the center of Parcel D about 100 ft from the high tide mark. Please advise us as to how we should proceed. Thank you for your attention to this matter. I look forward to hearing from you in the near future. Sincerely, Donna Geraghty Victorian Realty encl 110 FRONT STREET, GREENPORT, NY 11944 · (516) 477-2730 FAX (516) 477-8643 PLANNING BOARD M~MBERS RICHARD G. WARD GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSI~, JR. WILLIAM J. CREMERS I<~NNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 25, 1997 Donna Geraghty Victorian Realty 110 Front Street Greenport, NY 11944 RE: Proposed Major Subdivision Summit Estates 1000-35-8-5.3 Dear Ms. Geraghty: The Planning Board reviewed your February 20, 1997, inquiry in regard to setting off Lot #33 as a new section (Section 4) in the above mentioned subdivision. The Planning Board has agreed to proceed with Lot #33 as a new Section 4, and proceed with Section 4 prior to the completion of the pending Sections 2 and 3. Prior to the Planning Board scheduling a final public hearing for proposed Section 4, the following information must be submitted: A letter from all owners of the property authorizing you to proceed with the new proposed Section 4. A letter clarifying which lots will be in each respective section of the entire subdivision. An easement must be granted to Section 4 over the area of Section 3 shown as proposed Gus Road, to provide access to Section 4. The easement must be included in the deed for both parcels. Draft deeds must be submitted to this office and recorded in the County Clerk's Office when Section 4 is recorded. The access to Lot #33 must be at least 15 feet in width. Final plans must be submitted (5 paper copies and 2 mylars) showing Section 4. All maps must contain a valid stamp of approval from the Health Department in addition to a valid water contract from Greenport for proposed lot #33. Please contact me if you have any questions regarding the above. Sincerely,. /~ Pl~mne~ ULICO CASUALTY COMPANY 111 Massachusetts Avenue, N.W. Washington, DC 20001 BOND RIDER To be attached to and form a par~ of Site Improvement Bond Bond No. 00461 Dated 6/7/93 of Gusmar Realty Corp. & Petroula & Pantelis Fakiris U]icoCasua]tyCompany, asSurety, infavorof Town of Southoldt NY as Obligee. It is understood and agreed that the Bond is changed or rex4sed in the particulars as indicated below: Bond is renewed for one year: 6/7/96 - 6/7/97. Said Bond shall be subject to all its terms, conditions, and limitations, except as herein expressly modified. This Bond Rider shall become effective: May 2 2, 19 9 6 IN WITNESS WHEREOF, Ulico Casualty ComPly has caused its corporate seal to be hereunto affixed this: May .199 6 . ??ntt day of Ulico Casualty Company Warren O. Sprak~~v'"'~"" UCB- 107 (10/92) ULICO CASUALTY COMPANY 111 Massachusetts Avenue, N.W. Wa~hinglon, DC 20001 0572 POWER OF A T'rORNEY Know Ail Men By These Presents: That Ulico Casualty Company, A Delaware Coqoorstion, having its pnncipal office in Washington, DC, pursuant to the followmg resolution, adopted by the Board of Trustees of the Coqsoration effective on the 28th day of January, 1993: RESOLVED: "That the Chatrman and Chief Executive Officer be, and hereby is, authorized to execute Powere-of-Attomey, qualifying the attorney named in the Powers-of. Attorney to execute on behaff of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the corporation, in the transaction of its surety business." RESOLVED: "That the signatures and attestations of such officers and the seal of the Corporetionmay be affixed to any such Power-of. Attorney or to any certificate relating thereto by facsimile, and any such Power-of-Attorney or cert~cate beahng such facsimile signatures and fsoa~mile seal shall be valid and binding upon the Corporation when so affixed with respect to any centrsct bond or other related surety bond to which it is attached." This Power of Attorney is s/gned and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: Warren O. Spreke of Ulico Standard of Amenca Casualty company of Iselin, tn the state of New Jersey, ~ts true and lawful Attomey(s)-in-Fact with full bower and authority heretiy conferred in its name. place and stead to stgn, execute, acknowledge and deliver in tts behalf, and as its act and deed. w/thout ~ower of redele~ation, as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED FOUR MILLION (4,000.000.00) DOLLARS; to bind Ultco Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Ox)mi)any, and all the acts of said Attomey(s~in-Fact f3ursuant to the authority herein are hereby ratified and COnfirmed. In EMboss Whereof, Ulice Casualty Company of Dover, Defaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate seal to be affixed this 22nd day of May, 1995. Ulico Casualty Company ia District of columbia ss: By: ~ R~rtA. Geergine, Cha~m/~"r/ndChlefExecutiveOfficer On this 22nd day of May, 1~J5, before the subscriber, a NoFary Public of the Disthct df,-~Olumble, duly commissioned and qualified, came Robert A. Geo~'gice of Ulico Casualty Company to me personally known to be the individual and officer deSCribed therein, and who executed the preceding instrument, and acknowledged ~ execution of tho ~me, and being by me duly sworn, deposed and said, that he is the officer of the Company afot~eid, and that the seal affixed to the pte~ecling instrument is the corporate Seal of the Company, and the Corporate Seal and S;gnature aa an officer were duly affixed and subscrfbed to ~ said instrument by the authonty and direction of the corporation, and that the resolution of the Company, referred to in the preceding ins~"ument, is now in force. In Te,~lmony Whereof, I have tiereunto set my hand. and affixed my official seal at Washington, DC the day and year above written. ~ ~.LPUSUC)J 8y:t ~ NoTao, ~ ~rown % " ~ My Commis~On Expidllmlar~ l~bilc. Di~.*~! of Cok~mbia ~!~ Co~missio~l Expi~fl April 14, CERTIFICATION I, Joseph A. Carabllto, Assistant Secretary of Ulico Casually Company of cover. Delaware, do hereby certi~ that the foregoing Resolution adopted by the Board of Trustees of this Coq;oration and the Powers of Attorney issued put,cant thereto, are true and con'ec't, and that both the Resolution and the Powers of Attorney are in full force and effect. in Wl~es.~ Whereof, l have t~ereunto set my hand and affied the seal of the corpprafieq this /-'%. 22nd day of May ,t99 6 ~ /,/ ) /// '] / /. / ~ //Jo~A~-Carebillo, Assta,ntSecretary UCB-I02-POAI (09/94~ ULICO CASUALTY COMPANY I 11 Massachusetts Avenue, N.W. Washington, DC 20001 FINANCIAL STATEMENT AS OF DECEMBER 31, 1994 I certify that the below listed officers were duly elected by the Board of Direntors of Ulico Casualty Company and continue to hold the office set opposite their names. OFFICERS Robert A. C~orgine Chairman and Chief Executive Officer Joseph A. Carabillo Vice president [,ester H. Null, Sr. Secretary-Treasurer William L. Cross Vice President Charles R. Sormani President Michael R. Steed Vice President Thomas B. Bowling Vice President I further certify that the following Financial Statement of the Company is true, as taken from the books of the Company as of December 31, 1994: ASSETS Bonds Cowanon stocks Mortgage loans on real estate Preferred Stocks Short-term investments Cash on hand and on deposit Other invested assests Note receivable (parent) Premiums and agents' balances in course of collection Premiums and agents' balances in course of collection Reinsurance recoverable on loss payments Electronic data processing equipment Interest dividends and real estate income due and accrued Real Estate Receivables from parent, subsidiaries, and affiliates Aggregate write-ins for assets other than investment assets TOTAL ADMITFEDASSETS LIABILITIES AND POLICYHOLDER'S SURPLUS 72,728,562 16,980,793 4,713,520 7,659,795 721,868 250,000 2,550,000 2,238,580 5,881 771,184 1,169,000 70,343 114,866 109,974,392 Losses 39,390,750 Loss adjustment expenses 2,229,277 Contingent comrmssions 1,225,474 Other expenses 946,966 Reinsurance payable on paid losses 46,675 Taxes, licenses and fees 778,554 Unearned premiums 11,201,140 Funds held by Company under Reinsurance Treaties --- Payable to parent, subsidiaries and affiliates --- Amounts wi~held or retained by Company fur account of others --- Provisions for reinsurance 0 Federal income tax payable 350,845 Aggregate write-ins for liabilities 54,414 TOTAL LIABILITIES 56,224,095 Capital paid-up 5,000,000 Paid-in and contributed surplus 44,200,000 Unassigned funds (surplus) 4,550,297 Total policyholder's surplus 53,750,297 TOTAL LIABILITIES & POLICYHOLDER'S SURPLUS 109,974,392 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the ~Co.mpany this 12th day of July i995. Dis~ict of Columbia ss: ~ ~ On this 12th day of July, 1995, before the'subscriber, a Notary Public of the District of Columbia, duly commissioned and qualified, came Charles R. Sormani of Ulico Casualty Company to me personall~know~ to be the individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being~oy me duly sworn, deposed and said, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company, referred to in the preceding instrument, is now in force; and that said Corporation has received from the Insurance Commissioner of the State of Delaware a Certificate of Authority and of its sufficiency as surety or guarantor under Section 7701 of Title 18 of the Insurance Code of the State of Delaware. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Washington, DC, the day and year above written. UCB-112 (03194) JUDITH T. 'ri!lP. RY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 28, 1996: WHEREAS, the Town has not received the Continuance Certificate for the performance bond for major subdivision of Summit Estates, East Marion, N.Y., which bond expires on June 7, 1996; now, therefore, be it RESOLVED that the Town Board hereby authorizes and directs the Town Attorney to drawn upon said performance bond of Ulico Casualty Company if the Continuance Certificate is not received by Noon of June 5, 1996. Judith T. Terry Southold Town Clerk May 29, 1996 PLANNING BOARD MEMBE~ RICHARD G. WA~D Chairrnsn GEORGE RITCHIE LATI-IAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREIM-ERS KENNETH L. EDWARDS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 CERTIFIED MAIL PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 6, 1996 Donna Oeraghty Victorian Realty, Corp. 110 Front St. Greenpor~, NY 11944 Performance Guarantee for Summit Estates, Performance Bond - Phase SCTM# 1000-51-3-~ Dear Ms. Oeragh~y: The performance guarantee for the subdivision of Summit Estates Phase 1 (Bond #00461 with the Ulico Casualty Co.) is due to expire on June 7, 1996. Since the improvements have not been completed, you must extend the guarantee for at least another year. An extension of this guarantee must be submitted to this office before the expiration date. Due to the timing of the Town Board's meetings, if the extension is not received by Noon of May 24, 1996, there will be a resolution before the Town Board at it's May 28, 1996 meeting to authorize the Town to draw on the Letter of Credit if the extension is not received by Noon of June 5, 1996. Please contact this office if you have any questions regarding the above. Sincerely, Melissa Spiro Planner cc: Judy Terry PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Man~ S. McDonald Kenneth L. Edwards PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 16. 1995 Donna J. Geraghty 110 Front Street Greenport, New York 11944 RE: Proposed Major Subdivision Summit EsLates East Marion SCTM~f 1000-35-8-5.3 Dear Ms. Geraghty: On May 5. 1995. you were notified that the performance guarantee for the above mentioned subdivision, in the amount of $458.475.00. is due to expire on June 7. 1995. and that since the subdivision improvements have not been completed, the performance guarantee must be extended. On March 24, 1992, the Town Board, based on a recommendation from the Planning Board, adopted a bond estimate in the amount of $458,475.00 for the Summit Estates subdivision. On February 16, 1993 you asked the Planning Board to divide the bond estimate into three sections in accordance with the three sections of the subdivision (Sections 1, 2 and 3). The Planning Board reviewed your request with the Engineering Inspector, and determined that it was not feasible to divide the bond estimate into three sections. On February 25. 1993. the Engineering Inspector prepared a two {2) phased bond estimate for the subdivision which was adopted by the Planning Board on May 24. 1993. The amount of Phase 1 was determined to be $289.445.00 and the amount of Phase 2 was determined to be $169.030.00. Your client was required to present a performance guarantee in the amount of Phase 1 prior to approval of Section One. However. your client chose to present the performance guarantee for the entire subdivision in the amount of $458.475.00. This guarantee was accepted by the Town Board on June 15. 1993. Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYod~ 11971 Fax (516) 765-3136 Telephone (516) 765-1938 Summit Estates May 16. 1995 Page :7 As of this date, Section One is the only section of Summit Estates which has received Planning Board final approval. Therefore, if your client wishes, a performance guarantee, in the amount of Phase 1 ($289,445.00), may be submitted in place of the $458,474.00 performance guarantee. Due to the timing of the Town Board's meetings, if the performance guarantee is not received by Noon of May 26. 1995, there will be a resolution before the Town Board at its May 30, 1995 meeting to authorize the Town to draw on the existing Letter of Credit if the performance guarantee is not received by Noon of June 5. 1995. Please contact this office if you have any questions regarding the above, Sincerely, ~// · Melissa Sp~ro Planner cc: Judith T. Terry. Town Clerk PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Oflowski, Jr. Mark S. McDonald Kenneth L Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 CERTIFIED MAIL PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 5, 1995 Donna Geraghty 110 Front Street Oreenport, NY 11944 RE: Performance Guarantee for Summit Estates (Gusmar Realty Corp.) SCTM # 1000-35-8-5.5 Dear Ms, Oeraghty: The performance guarantee for the subdivision of Summit Estates Bond #00461 with Ulico Casualty Company Is due to expire on June 7, 1995. Since the improvements have not been completed, you must extend the guarantee for at least another year. An extension of this guarantee must be submitted to this office before the explraUon date. Due to the timing of the Town Board's meetings, if the extension is not received by Noon of May 26, 1995, there will be a resolution before the Town Board at Its May 30, i995 meeting to authorize the Town to draw on the Letter of Credit If the extension Is not received by Noon of June 5, 1995. If you have any questions, please contact the Planning Board Office. Sincerely, ~_ M elissa' Sp('~ir Planner CC: Judith T, Terry, Town Clerk Laury Dowd, Town Attorney Warren O. Sprake, Ulico Casualty Company PLANNING BOARD MEMBERS Richard G. Ward. Chairman George Rltchle Latham, Jr. Bennett Orlowskl, Jn Mark S. McEk)nald Kenneth L. Edwards Telephone (516] 765-1938 PLANNING BOARD OFFICE TOV~N OF $OUTHOLD ScoTr L. HARRIS Supen~r Town HaL. 53095 Main Road P. O. Box 1179 Southold. New York 11971 Fax (516) 765 - 1523 September 14, 1993 Donna Geraghty Victorian Realty Corp. 11 West Main St. Riverhead, NY 11901 Re: Proposed Major Subdivision Summit Estates, Sections 2 & 3, SCTM# 1000-35-8-5.3 East Marion Dear Ms. Geraghty: The following resolution was adopted by the SoUthold Town Planning Board at a meeting held on September 13, 1993: BE IT RESOLVED that the Southold Town Planning Board grant a six month extension of approval from August 25, 1993 to February 25, 1994. Conditional preliminary approval was granted on February 25, 1991. Further extensions for the individual sections will be reviewed, upon your request, on a case by case basis. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman SUBMISSION WITHOUT COVER LETTER SCTM#: ~_ ~o f,-~o VICTORIAN REALTY CORP. August 24, 1993 Southold Town Planning Board Main Road Southold, NY 11971 Re: Summit Estates, East Marion Dear Melissa: I would like the board to consider an extension of my preliminary approval for Section II and III of Summit Estates East Marion, NY. Thank you for your cooperation. Sincerely, Donna Gera~ 11 W. MAIN ST · RIVERHEAD, NY 11901 · 516-3694515 · FAX: 516-727-3707 · 110 FRONT ST · GREENPORT, NY 11944 · 516~77-2730 · FAX: 516~77~3643 Each office independently owned and operated SUBMISSION WITHOUT COVER LETTER GARY R. CONNOR Assistant Affomey General in Charge Real Estate Financing Bureau STATE OF NE~ YORK DEPARTMENT OF LAW 120 BaOAOWAV NES; YOZZ. NY 10271 (212) 416-8121 Mr. Matthew G. Kiernan Office Of The Town Attorney Town of Southold P.O. Box 1179 Southold, NY 11971 TOWN ATTORNEY's OFFICE TOWN OF SOUTHOLD July 7, 1993 Re: Summit Estates Dear Mr. Kiernan: This letter is written confirmation that the above referenced offering has submitted amendment No. 2 on March 15, 1993 and this amendment was accepted by this office on April 16, 1993. Hopefully this information will be sufficient. Information STP: vr SUBMISSION WITHOUT COVER LETTER COMMENTS: P.O. BOX 131 - MAIN ROAD EAST MARION, NEW YORK 11939 BOARD OF FIRE COMMISSIONERS Village of Greenport 236 Third St. Greenport,N.Y. 119q-4 March 19,1991 AtTention:James Monsell Re:Summit Estates Dear ~. Konsell: The Board of Fire Commissioners have reviewed the proposed preliminary subdivision map of ~u~it Estates. The location of fire hydrants as indicated on this map is acceptable~and approved by the Board. Your cooperation is appreciated in this matter. 0~ 0 JUDITH T. TERRY TO~4 CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JUNE 15, 1993: RESOLVED that the Town Board of the Town the Subdivision Performance Bond for Summit at East Marion, in the amount of Sq58,q75.00, of Southold hereby accepts Estates, major subdivision all in accordance with the Town Board's resolution of June 1, 1993 approving said amount as approved by the Southold Town Planning Board and Engineering Inspector Richter. Southold Town Clerk June 16. 1993 Sou'rFai PLANNING BOARD MEMBERS Bennett Orlowski. Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 June 3, 1993 Donna J. Geraghty Victorian Realty Corp. 11 West Main St. Riverhead, NY 11901 Dear Ms. Geraghty: Enclosed please find a copy of the Southold Town Board's June 1, 1993 resolution regarding the bond for Summit Estates, for your records. If you have any questions, please do not hesitate to contact this office. Sincerely, Richard G. Ward Chairman Enc. JUDITH T. TERRY Town Hall, 53095 Main Road P.O. [~ox 1179 Southold, New York 1197 I Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TowN BOARD AT A REGULAR MEETING HELD ON JUNE 1, 1993: RESOLVED that the Town Board of the Town of Southold hereby amends their resolution no. 5, adopted on March 24, 1992, by adopting a supplemental bond estimate for Summit Estates, major subdivision at East Marion, in two (2) phases: Phase I estimate in the amount of $289,445.00, and Phase II estimate in the amount of $169,030.00, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector Richter. Southold Tovm Clerk June 2, 1993 SUBMISSION WITHOUT COVER LETTER DATE: SENDER: SUBJECT: SCTMg: COMMENTS: HARVEY A. ARNOFF Town Attorney MATTHEW G. KIERNAN Assistant Town Attorney OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 June 18, 1993 Ms. Sylvia Todd-Potter Real Estate Financing Bureau State of New York Department of Law 120 Broadway New York, NY 10271 Re: Summit Estates Shipyard Lane, East Marion, Southold Sponsor: Gusmar Realty Corp. Selling Agent: Victorian Realty Corp. Your File No.: H910072 Approximate Amount of Offering: $28,800.00 Dear Ms. Todd-Potter: At your earliest convenience, kindly advise the undersigned as to the status of the above-referenced offering. Thank you for your prompt attention to this matter. V.ery truly yours, ]Matthew G. Kmrnan, ~ Assistant Town Attorney MGK:cc cc: Melissa Spiro, Planner :': I~.ANNING BOARD To the Offering .Plan of SUMMIT ESTATES HOME O~gERB I%~BOCIATIONv INC. JUN 9 1993 , pLANNING ~20A',:(~) _ ~ Shipyard Lane Bast Marion Southold, New York Dated: May 12, 1992 The Offering Plan accepted for filing December 11,. hereby emended as follows: 1991, is II. ~OI%DIFAY DEDICATION ~ The Paragraph entitled "Roadways, at page 9 of the Offering Plan, is emended to the extent that the offer of dedication of the roadways to the Town of Southold includes all drainage facilities and basins as well as the recharge basin. E~_~R_.ON ~ ~nST FUND PROVISIONB The disclosure cofltained in this Amendment replaces and" supersedes the former Section of the Plan dealing with the placing of downpayments in escrow. As of April 27, 1992, all dowpayments being held in escrow will be placed in or transferred to an account in conformity with the disclosure contained in this Amendment. The SponsOr will comply with the escrow and trust fund requirements of General Business Law Sections 352-e(2-b) and 352-h and the Attorney General's regulations promulgated pursuant thereto. Any provision of any contract or agreement, whether oral or in writing, by which, a purchaser purports to yaive o~ indemnify any obligation of the escrow agent holding trus= funds is absolutely void. The provisions of the Attorney General's regulations concerning escrow/trust funds shall prevail over any conflicting or inconsistent provision in the Offering Plan or in a Purchase Agreement. Purchasers shall not be obligated to pay any legal or other expense of the Sponsor in connection with the establishment, maintenance or defense of obligations arising from the handling or disposition of trust funds. Ail deposits, downpayments, or advances made by purchasers prior to closing of each individual transaction, whether received before or after the date of cons,,~ation of the Plan, will be placed, within five (5) business days after the Agreement is signed by all necessary parties, in a segregated special escrow account of Richard F. Lark, Esq., the Escrow Agent, whose address is Main Road, Cutchogue, New York, end whose telephone n~mber is (516) 734-6807. The signatory on this account authorized to withdraw funds is: Richard F. Lark, Esq., with an address at M~in Road, Cutchogue, New York. The name of the account is ",Richard F. Lark, Esq. IOLA - Summit Estates Escrow Account", located in The Suffolk County National Bank, Main Road, Cutchogue, New York. This bank is covered by federal bank deposit insurance to a maximum of $100,000 per individual deposit. The account will be an Interest-On-Attorney-Account ("IOLA"). Pursuant to Judiciary Law, Section 497, all interest earned in the IOLA account will be paid to the State of New York. All instruments shall be made payable to or endorsed to the order of Richard F. Lark, Esq., as escrow agent. Within ten (10) business days after tender of the deposit submitted with the Purchase Agreement, the escrow agent will notify the purchaser that such funds have been deposited into the escrow account and will provide the account ~mber. If the purchaser does not receive notice of such deposit within fifteen (15) business days after tender of the deposit, the purchaser may cancel the purchase and rescind so long as the right to rescind is exercised within ninety (90) days after tender of the deposit. Rescission may not be afforded where proof satisfactory to the Attorney General is submitted establishingthatthe escrowed funds were timely deposited and requisite notice was timely mailed to the purchaser in conformity with the Attorney General's regulations. Since all contracts are contingent upon the Plan~s becoming .effective, under no circumstances shall Sponsor apply for release of the escrowed funds of a defaulting purchaser until after cons~,~mation of the Plan. The escrow agent will hold funds in escrow until otherwise directed in: (i) a writing signed by both Sponsor and purchaser~ or (ii) a determination of the Attorney General pursuant to the dispute resolution procedures contained in the Attorney General's regulations; or (iii) a judgment or order of a court of competent jurisdictions. If there is no written agreement between the parties to release the escrowed funds, the escrow agent will .not pay the funds to the Sponsor until the escrow agent has given the purchaser written notice of not fewer than ten (10) business days. Thereafter, the funds may be paid to the Sponsor unless the purchaser has alread~made application to the Department of Law pursuant to the dispute reso~u=~on provisions of the Attorney General regulations and has so notified the escrow agent in accordance with such p~ovisions. The Sponsor will not object to the release of the escrowed funds to: (i) a purchaser who timely rescinds in accordance with an offer or rescission contained in the Plan or an Amendment to the Plan~ (ii) all purchasers after an Amendment abandoning the Plan is accepted for filing by the Department Of Law. Purchasers, and the escrow agent may apply to the Attorney General in the event of a dispute for a determination on the disposition of the downpayment and any in~erest._the~eon. _The Sponsor ~u~t avail itself of this proceaure iz ~.ere is a dispute which needs to be resolved. A form for this purpose is attached as Exhibit "A" to this Amendment. The party applying for a determination must send all other parties a copy of the application. Pending the determination of the Attorney General to grant or deny the application, the Sponsor, the purchaser, and the ~ escrow agent shall abide by any interim directive issued by the Attorney General. Attached to this Amendment as Exhibit "B# is a copy of the Escrow Agreement which incor~orates the terms of the Attorney General~s regulations. The escrow agent will maintain all records concerning the escrow account for seven (7) years after the release of funds. III. TONN OF SOUTNOLD~PPROFALS The Town of Southold, as part of the subdivision approval process, has directed that a Declaration of Protective Covenants and Restrictions be recorded in the Suffolk County Clerk,s Office before the Map of S-~m~t Estates is filed. This Declaration will contain among other things, the following: 1. Common Area Parcels A, B, C and D shall remain in their natural state and/or be landscaped. Maintenance of the natural vegetation and/or landscape shall bethe only use or activity allowed, other than passive recreation. 2. The drainage pond located on Lot~ 14 and 15 of the final subdivision map, is to be left intact in perpetuity, and there is to be no lot or road drainage into such pond. Th~s area shall not be filled or regraded. 3. The 9~ wide strip of land parallel to Main Road (N.Y. State Route 25), as shown on the final subdivision map, is to be offered for dedication to New York State by the Home Owners Association for future highway purposes. Other than as set forth above,~there are no material changes which may require an Amendment to the Offering Plan. GUSM~RP.F.~,LTY CORP. Sponsor JLICATION TO THE ATTORNE~ENEI~L FOR A DI/TEI~IINATION ON ~ DISPOSITION OF DOWNPAYMENTS [Send this application to the reviewing attorney assigned to the subject plan.] Re: Address of Building or Name of Project Pile Number: Application is made to the Attorney General to consider and determine the disposition of down payments held pursuant to GBL Sections 352-e(2-b) and 352-h. The following information is submitted in support of this application: I. Name of Applicant 2. Address of Applicant Name, Address, and Telephone Number of Applicant's Attorney (if any) 4. This is an application for [ ] return of downpayment. [ ] forfeiture of downpayment. [ ] other: 5. The project is [ ] a conversion of occupied premises. [ ] newly constructed or rehabilitated. [ ] vacant (as is). EXHIBIT "A" 2/6/92 - z The project is structured as [ I a cooperative· [ ] a condominitun. [ ] a homeowners association. [ ] a timeshare.. other: Name and Address of Sponsor: Name and Address of Escrow Agent: If downpayments are maintained in an escrow account: (a) Name of account (b) Name and address of bank (c) Account numbe$ (if known) (d) Initial interest rate (if known) 10. If downpayments have been secured b~ bonds: (a) Name and address of bond issuer or surety: (b) Copy of bond included in this application. (DO NOT SEND ORIGINAL BOND.) If not included, explain: 2/6/92 11. If downpayments have been secured by a letter of credit: (a) Name and address of bank which issued the letter of credit: (b) Date of expiration of the letter of credit, if known: 12. 13. Plan information: (a) (c) (d) Date of filing of plan: Plan [ ] has been declared effective. date: [ ] has not been declared effective. If effective, the pi,an [ ] has closed or the Approximate date: [ ] has not closed. [ ] don't know. Downpa~ments are secured by escrow account. bonds. letter of credit. Approximate first unit has closed. Contract information: (a) Copy of contract and of all riders or modification letters are attached. (DO NOT SEND ORIGINALS.) (b) Date on which subscription or purchase agreement was signed: 2/6/92 (c) Date(s) of downpayt~,ent(s): (d) Total amount of downpayment(s): (e) Names and addresses of subscribers affected by this application: or purchasers 14. State the basis for your claim. Please be as specific as possible. You may add additional sheets. Attach copies of any relevant documents. 15. I am contemporaneously sending a copy of this application to the following persons: 2/6/92 Note: You are required to mail a copy of this Application to all other affected parties. In filing this application, I understand that the Attorney General is not my private attorney, but represents the public in enforcing laws designed ,to protecl the publxc from unlawful business practices. I also understand that if I have any questions concerning my legal rights or responsibilities I may contact a private attorney. The above application is true and accurate to the best of my knowledge. False statements made herein are punishable as a Class A Misdemeanor under Section 175.30 and/or Section 210.45 of the Penal Law. Signature: Date: Name (Printed): Telephone: (Home) (Business) Mailin~ Address: 2/6/92 ESCROW AGREEMENT ~%GREEMENT made thisl4th day of April , 1992, between GUSM3tR REALTY CORP. ("SPONSOR") as Sponsor of the offering plan for Summit Estates Home Owners Association, Inc. and RICPLARD F. LARK, ESQ., Main Road - P. O. Box 973, Cutchogue , ~ GUSMAR REALTY CORP. of an offering plan ~exx=m~/to ~=mi~i=m/home owner association develop (strike · is the SPONSOR out inapplicable provisions), the premises located a%M;;n ~ & Shipyard Lane, East Marion, New York, which premises are known as "Map of S~LL';t Estates" ;' (Suffolk County Tax Map. No. Dist. 1000, Sec. 35, Blk. 8, Lot 5.3) and WHEREA~, RICHARD F. LARK, ESQ. , is authorized to act as an escrow agent hereunder in accordance with General Business Law ("GBL") Section 352-e(2-b) and the New York State Attorney General's ("Attorney General") regulations promulgatedthereunder; and ~EA8, SPONSOR desires that ESCROW AGENT act as escrow agent for deposits and payments by purchasers and subscribers, pursuant to the terms of this agreement. 1 EXHIBIT "B" NOWw in consideration of the covenants and conditions herein and other good and valuable consideration, the parties hereby agree as follows: THEREFORE, contained 1. EST~RLISI~4ENT OF ~wE ESCROW ACCOUNT 1.1 SPONSOR and ESCROW AGENT hereby establish an escrow account with ESCROW AGENT fort he purpose of holding deposits or payments made by purchasers or subscribers. The escrow account has been opened withThe Suffolk County National Bank, (depository bank) at its branch located atMain Road, Cutchogue , New York. The account number is 1.2 The name of the account S~4~IT ESTATES is -P~ICHABD F. IARK, ESQ. - IOLA ESCROW ACCOUNT". 1.3 A member or members o~ the ESCROW AGENT are the sole signatories on the account, to wit: Richard F. Lark. 1.4 The escrow account shall be an interest-bearing account as disclosed in the offering plan or an amendment thereto. 2 1.5 The escrow account is/~xR~ (cross OUt inapplicable provision) an Interest-on-Lawyer-Account (-IOLA") account established pursuant to Judiciary Law Section 497. 2. DEPOSITS INTO THE ESCROW ACCOUNT 2.1 All funds received from prospective purchasers or subscribers prior to closing, whether in the form of checks, drafts, money orders, wire transfers, or other which identify the payor, account. All instruments shall be made payable to, subscriber to the Order of shall be deposited in to be deposited or endorsed by Richard F. Lark instruments the escrow into the escrow the purchaser or , as offering plans than as required into such escrow SL~/4IT ESTATES ~ ~ escrow agent for ASSOCIATION, INC. Any instrument payable or endorsed other hereby, and which cannot be deposited account, shall be returned to the prospective purchaser or subscriber promptly, but in no event more than five (5) business days following receipt of such instrument by ESCROW AGENT. In the event of such return of funds, the instrument shall be deemed not to have been delivered to ESCROW AGE~T pursuant to the terms of this Agreement. 2.2 SPONSOR shall deliver to the escrow agent all deposits submitted pursuant to a subscription or purchase agreement, within three (3) business'days after tender of the deposit by a prospective p~rchaser to the SPONSOR or any agent engaged by the SPONSOR, along with the form of tender of deposit attached hereto as Exhibit A to this Escrow Agreement, executed by the SPONSOR. 2.3 within ten (10) business days after tender of the deposit submitted with the subscription or purchase agreement, the ESCROW AGENT shall notify the purchaser of the deposit of such funds in the bank indicated in the offering plan or amendment thereto, provide the account number, and disclose the initial interest rate. If the purchaser does not receive notification of such deposit within fifteen (15) business days after the tender of the deposit, the purchaser may cancel the subscription or purchase agreement and rescind within ninety (90) days after tender of the deposit, or may apply to the Attorney General for relief. Rescission may not be afforded where proof satisfactory to the Attorney General is submitted establishing that the escrowed funds were timely deposited in accordance with the escrow regulations promulgated by the Attorney General and requisite notice was timely mailed to the subscriber or purchaser. 3.1 ESCROW AGENT shall not release the escrowed funds deposited by a defaulting purchaser .until after cons~ation 4 of the plan as defined in the Attorney General's regulations. Cons,,~ation of the plan shall not relieve SPONSOR of its fiduciary obligations pursuant .to GBL Section 352-h. 3.2 ESCROW AGENT shall continue to hold the funds in escrow until otherwise directed in (a) a writing signed by both SPONSOR and purchaser or (b) a determination of the Attorney General or (o) a judgment or order of a court of competent jurisdiction or (d) until released pursuant to the regulations of the Attorney General pertaining to release of escrowed funds. 3.3 SPONSOR shall not object to the release of the escrowed funds to (a) a purchaser who timely rescinds in accordance with an offer of rescission contained in the plan or an amendment to the plan or (b) all purchasers after an amendment abandoning the plan is accepted for filing by the Department of Law. 3.4 If there is no written agreement between the parties to release the escrowed funds, ESCROW AGENT shall not pay the funds to SPONSOR until ESCROW AGENT has given the purchaser written notice of not fewer than ten (10) business days. Thereafter, the funds may be paid to SPONSOR unless the purchaser has made an application to the Departmen% of Law pursuant to the dispute resolution provisions contained in the Attorney Generalts requlations and has so AGENT in accordancewith such provisions. notified ESCROW 3.5 ESCROW AGENT shall disburse the purchaser's deposit(s) escrowed under this Escrow Agreement within twenty (20) business days after the escrowed funds are permitted to be released in accordance with this Agreement. 4.1 ESCROW AGENT shall maintain all records concerning the escrow account for seven (7) years after release of the funds. 4.2 Upon the dissolution of a law firm which was the ESCROW AGENT, the former partners or members of the firm shall make appropriate arrangements for the maintenance of these records by one of the partners or members of the firm or by the successor firm and shall notify the Department of Law of such transfer. 4.3 ESCROW AGENT shall make available to the Attorney General, upon his request, all books and records of ESCROW AGENT relating to the funds deposited and disbursed hereunder. 6 5. GENERAL OBLIGATIONS OF ESCROW AGENT 5.1 ESCROW AGENT shall maintain the accounts called for in this Agreement under the direct supervision and control of ESCROW AGENT. 5.2 A fiduciary relationship shall exist between ESCROW AGENT and purchasers, and ESCROW AGENT acknowledges its fiduciary obligations. 5.3 until the deposit has AGENT ' s account. No disbursement need or will bemadebyESCROW AGENT actually and finally cleared ESCROW 5.4 ESCROW AGENT shall only be responsible for monies actually received and cleared, and monies earned thereon, if any. 5.5 ESCROW AGENT may act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine, may assume the validity and accuracy of any statements or assertions contained in such writing or instrument; and may assume that any person purporting to give any writing, notice, advice or instruction in connection with the provisions hereof has been duly authorized to do so. 7 5.6 ESCROW AGENT undertakes to perform only such duties as are expressly set forth in this Agreement and the Escrow Regulations promulgated by .the New York State .Attorney General's Office, and no implied duties or obligations shall be read into this Agreement against ESCROW AGENT. 6. RESPONSIBILITIES OF SPONSOR 6.1 SPONSOR agrees that SPONSOR and its agents, including any selling agents, shall within three (3) business days of receipt of all deposits and payments deliver to ESCROW AGENT all such deposits end payments received by them prior to closing of an individual transaction. 6.2 SPONSOR agrees that it shall not interfere with ESCROW AGENT,s performance of its fiduciary duties and compliance with the Attorney General's regulations. 7.1 ESCROW AGENT shall not be liable for SPONSOR's failure to tender the purchasers, funds to ESCROW AGENT within three (3) business days, for any mistakes of fact or errors of Judgment, or for any acts or omissions of any kind unless caused by its willful misconduct or gross negligence, and SPONSOR agrees to indemnify and hold ESCROW AGENT harmless from any claims, demands, causes of action, liability, damages, judgments, including the cost of defending any action against it together -with any. reasonable attorneys~ fees incurred therewith and/or Seasonable value of services rendered by ESCROW AGENT's litigation attorneys representing ESCROW AGENT Pro se, in connection with ESCROW AGENT's undertaking pursuant to the terms and conditions of this Escrow Agreement, unless such act or omission is a result of the willful misconduct or gross negligence of ESCROW AGENT. 7.2 ESCROW AGENT shall not be liable in any manner for the sufficiency or correctness as to form, manner or execution, or validity of any written instructions delivered to it, nor as to the identity, authority, or rights of person executing the same. 7.3 The duties of ESCROW AGENT shall be limited to the safekeeping of the deposits and for disbursements of same in accordance with the written instructions described in this Agreement. 8. TERMINATION OF AGREEMENT 8.1 This Agreement shall remain in effect unless and until it is cancelled, by either: (a) Written notice given by sPONSOR to ESCROW AGENT of cancellation of designation of ESCROW AGENT to act in said capacity, which cancellation shall take effect only upon the f~ling of an amendment with the Department of Law providing for a successor ESCROW AGENT~ or (b) The resignation of ESCROW AGENT upon giving notice to SPONSOR of its desire to so resign, which resignation shall take effect only upon the filing of an amendment with the Department of Law providing for a successor ESCROW AGENT; or (c) All shares or units offered pursuant to the plan have been sold and all sales transactions have been cons,,~ated. (d) ESCROW AGENT shall have no responsibility to verify qualifications of any successor escrow agent. 8.2 Upon termination of the duties of ESCROW AGENT as described in Paragraph 8.1 above, ESCROW AGENT shall deliver any and all funds held by it in escrow and any and all contracts or documents maintained by ESCROW AGENT to the new escrow agent designated in the duly filed amendment related thereto. 10 8.3 Upon delivery of all funds held by the ESCROW AGENT tothe new escrow agent pursuant to 8.2 supra, this Agreement shall be terminated and the ESCROW AGENT shall be.released from all liability hereunder.' 8.4 Upon ESCROW AGENT disbursing the deposit of an individual purchaser in accordance with the provisions oft/lis Agreement, the escrow obligation~s shall terminate as regards said purchaser~s deposit, and ESCROW AGENT shall thereafter be released of all liability in connection with said purchaser. 9.1 In the event of a good faith disagreement about the interpretation of this Agreement, or about the rights and obligations, or the propriety, of any action contemplated by ESCROW AGENT hereunder, ESCROW AGENT may, at its sole discretion, retain purchasers~s deposits and payments in escrow and apply to the Attorney General for a determination on the disposition of the down payment or file an action and deposit any applicable funds in court to resolve said disagreement. ESCROW AGENT shall be indemnified by SPONSOR for all costs, including reasonable attorneys~ fees or reasonable value of services rendered by ESCROW AGENT's litigation attorneys representing ESCROW AGENT pro ~, in 11 connection with the aforesaid action. No such action shall be filed where the ESCROW AGENT's required course of action is clearly dictated within this Agreement. 10. ~U~CESSORS AND ASSIGNS 10.1 This Agreement shall be binding upon SPONSOR and ESCROW AGENT and their successors and assigns. 11.1 This Agreement shall be construed in accordance with and governed by the laws of the State of New York. 12. ESCROW AGENT'S COMi~ENSATION 12.1 SPONSOR agrees that ESCROW AGENT's compensation, if any, shall not bepaid from escrowed principal nor from any interest accruing thereon and that compensation to ESCROW AGENT, if any, shall not be deducted from escrowed funds by any financial institution under any circumstance. 13.1 If any provision of this Agreement or the application thereof to any person or circumstance is 12 determined to be invalid or unenforceable, the remaining previsions of this Agreement or the application of such provision to other persons or to .other circumstances shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 14.1 This Agreement, read together with GBL Section 352-e (2-B) and the Attorney General~ s regulations, constitutes the entire agreement between the parties with respect to the subject matter hereof. 15.1 Any notice required to be given or given hereunder shall be given by depositing such notice in a post-paid wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within New York State, or by Express Mail, Federal Express or similar overnight courier, facsimile transmission, messenger service (with proper receipt therefor), addressed to the party at the address hereinabove set forth with a copy of any such notice by regular mail to the attorney for such pary as follows: IF TO ESCROW AGENT: RICHARD F. LARK, EsQ. Main Road - P. O. Box 973 Cutchogue, New York 11935 13 IF TO SPONSOR: GUSMAR REALTY CORP. 13-07 37th Avenue Long Island City, New ~ork 11101 Any notice may be given by the attorney for a par~y and shall have the same force as if given by the party. Either party may, by notice, changethe address at which notices are to be given hereunder. 16. CAPTIONS AND HEADINGS 16.1 The captions and headings used in this Agreement are intended for convenience and reference only and shall not imply or convey any additional meanings tothe contents of the respective provisions. iN I~T~ESS 1tHEREOF, the undersigned have executed this Agreement as of the day and year first written above. STATE Or N£W YORK DEPaaTME.Wr OF L~w ROBERT ABRAMS 120 BROaDWaY AUorney General NE~ Yoa[, ~' 10271 Real Estate Financing Bureau ~ ~ ~ Gus~r Realty Corp. cio Certil~n Balin Adler ~ H~n - ~ 90 Merrick Avenue Fast Meadow, ~ 11554 REt Sunsuit Estates Homeowners Amount offering: $ 28,800.00 File Number: H910072 Filing Fee: $ 0.00 Receipt Number: 984122381 Acceptance Date: Dear Sponsor: The offering literature submitted for the subject premises is hereby accepted and filed. UnleeB extended by duly filed amendment, the effectiveness of the filing shall expire twelve months from this date. All advertising and solicitation material must'be consistent with the contents of the filed offer lng literature. Any material change of facts or circumstances affecting the property or the offering requires an immediate amendment. Any misstatement or concealment of material fact in the literature filed renders this filing void ab initio. This office has relied on the truth of the certification of sponsor, sponsor's principals and sponsor's experts, as well as the transmittal letter of sponsor's attorney. The issuance of this letter is conditioned upon the faithful perfor- mance of ell of the obligations of the sponsor, its agents and instrumentali- ties, which are required by law or set forth in the offering literature- If there is a failure or neglect to perfor~ any such obligations when required, the effectiveness of this letter shall be suspended, and all 9ffering and sales shall cease, pending further action by this office. Issuance of this letter is further conditioned on the collection of all fees imposed by law. This letter is your receipt for the above filing fee. The filing of the offering literature shall not in any way be con- strued as approval of the contents or terms thereof by the Attorney General of the State of New York. Nor does it waive or limit the Attorney General's authority to take enforcement action for violation of Article Z3-A of the General Business Law or other applicable provisions of law. - LORETTA SIMON 9 ASSISTANT ATTORNEY CENERAL ~.\~. ULICO CASUALTY COMPANY Bond No. 00461 SUBDIVISION PERFORMANCE BOND GUSMAR REALTY CORP. AND KNOW ALL MEN BY THESE PRESENTS, that we Pb-i'~OULA & PANTELIS FAKIRIS located atl3 07 37 ave.,L~na l~]~n~ ~v N.Y. , as Principal, and ' COMPANY, a~thorized ~cO do business in the State ULIC~ CASUALTY of NEW YORK , and having an office at 111 MASS. AVE. NW,WASHINGTON,D.C. ~ '~- , as Surety, are held and firmly bound unto ,~nw~ n~ ~O~r~©~n,N.y. as Obligee, in the penal sum of $458~7q ~ for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents; WHEREAS, the above bounden principal has been granted approval by the above named Obligee for the construction of SITE. ~MP~OV~MVNT~q TO S0]vlMIT ESTATES , EAST MARION PER RESOLUTION DATED MARCH 24.1992 AND ~NC~I~ ESTIMATES BOTH ATTACHED AND FORM PART OF THIS BOND. NOW, THEREFORE, the condition of the above obligation is such, that if said Principal shall complete the above improvements in accordance with the plans and specifications prepared by JAMES A. RICBT~2~, ENGINEERING INSP~c~ ~A~wn 9/9]/~? within the two '(2) year period from the date hereof; and sh'all indemnify and s~ve harmless the OBLIGEE from all costs and damages which it may suffer by reason of failure to do so, and fully reimburse and repay the Obligee any outlay and expense which it may incur in making good any such default, then this obligation shall be null and void, otherwise to remain in full force and effect. THE FOREGOING OBLIGATION, however, is limited by the following express conditions, the performance of which shall be a condition precedent to any rights of claims or recovery hereunder: 1. Upon the discovery by the Obligee, or by the Obtigee's agent or representative, of any act or omission that shall or might involve a loss hereunder, the Obligee shall endeavor to give written notice thereof with the fullest information obtainable at the time to the Surety at its office at WASHINGTON,D.C~_._.~ ULICO CASUALTY COMPANY Bond No.00461 Page 2 2. Legal proceedings for recovery brought unless begun within twelve (12) of the discovery of the act or omission account of which claim is made. hereunder may not be months from the date of the Principal on 3. The Principal shall be made a party of any suit or action for recovery hereunder, and no judgement shall be rendered against the Surety in excess of the penalty of this instrument. 4. No right of action shall accrue hereunder to or _. for the us~ or benefit of anyone other that the Obligee, and the Obligee's right hereunder may not be assigned without the written consent of the Surety. IN WITNESS WHEREOF, this instrument by the duly authorized representative.of the Surety. has been executed the Principal and SIGNED, SEALED AND DATED: JUNE 7th, 1993 GUSMAR REALTY CORP. PN'rNOULA FAKIRIS, INDIVIDUALLY WITNESS TO SURETY ULICO CASUALTY C~qPA~ WARREN O. SPRAKE A~TY IN FACT JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-180I THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWI~. BOARD AT A REGULAR MEETING HELD ON MARCH 24, 1992: RESOLVED that the Town Board of the Town o.f Southold hereby approves the amount of $458,475.00 for a bond for roads and improvements in the major subdivision of Summit Estates, East Marion, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector James A. Richter. · ¢' Judith T. Terry ~ Southold Town Clerk March 25, 1992 .ULICO CASUALTY COMPANY Massachusetts Avenue, N.~L Washington, DC 20001 POWER OF ATFORNEY 01006 By These Presents: That Ulico Casualty Company, A D~law~re Corporation, having its principal office in Washington, DC, pursuant following resolution, adopted by the Board of Trust~es of the Corporation effective on the 28th day of January, 1993: RESOLVED: 'That the Chairman and Chief Executive Officer be, and hereby is, authorized to execute Powers-of-Attorney, qualifying the attorney atoned in the Powers-of-Attorney to execute on behalf of the Corporation contract bonds and other related sure~ bonds, and to attach thereto the corporate seal of the Corporation, in the transaction of its sure~ff business.' RESOLVED: "That the signatures and attestations of such officers and the seal of thc Corporation may be affixed to any such Power-of-Attorney or to any certificate relating thereto by fecsimilc, and any such Power-of-Attorney or certificate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation whcn so affixed with respect to any contract bond or other related surety bond to which it is attached.' This Power of Attorney is signed and sealed in facsimile under and by the authority of thc above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: Timothy J. Wagner and Warren O. Sprake of Global Bonding, Inc. of Bayonne, in the Stere of New Jersey, its true and lawful Attorney(s)-in-Faet with full power and authority hereby conferred in its name, place ~nd stead to sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegatlon, as follows: Contract bonds and other related surety bonds: IN AN AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS; to bind Ulico Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ulico Casualty Company, and all the acts of said Attorney(s)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed. In Witness Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporate ~ to be affixed this 4th day of March, 1993. Ulico Casualty Company ~'~ District of Columbia ss: /~,l SE' '~AL ~/ By: ~ ~e~ A. 'Georglne, ~hair~lChlef Executive Office, On this 4th day of M~rch 1~)3, before the subscriber, a Notary Public of the Distri~ of Colurab~a, duly commis, ons{.~..~.d qualified, c~me Robert A. Georgine of Ulico Casualty Company to me personally known to be the individual and o~fice~ described therein, and wbo executed the preceding instrument, and acknowledged the execution of the same, and being by [ne duly sworn, deposed and said, that he is the officer of the Company afe£esa~d, and that the seal affixed to the preceding instrument is the Corporate Sca] of the Company, and the Corporato Seal and signatur~ as subscribed to the sa~d instrument by the authority and direction of the Corporet~on, and that the resolution of the Company, referred to in the preceding instrument, is now in force. In Testimony Whereof, I have hereunto set my hand. and affixed my official ~ at Washington. DC the day and year above written. ~y: ~-~.c~ x ~o, L 3,A9~ ~ A No~,~y Pubti-¢ M)~.~amis~n Expires: My Commission Expires October 14v 1993 CERTIFICATION I, Joseph A. C~rabillo, Assistant Secretary of Ullco Casualty Company of Dover, Delaware, do hereby certify that the foregoing Resolution adopted by the Board of Truste~:s of this Corporation and the Powers of Attorney issued pursuant thereto, ~re true and correct, and that both the Resolution and the Powers of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seal of the corporation this 7~-h UCB- 102-PEA (10/92) day of - $o~eph A. Carabillo, Assistant Secretary ~ O~ L. JACOBS ~AYM F~NT OF ~ZO~WA~S 765-3140 OFFICE OF T~E EI~GINEEK TOWN OF SOUTtlOLD BOND ESTIMATE FOR SUMMIT ESTATES EAST MARION SCTM # 1000-35-08-5.3 FEBRUAi{Y 21, 1992 JAyMeS A. RICHTER tSNGINEER~NG LNSPECTOR 765-3070 ~, sOUT ,' o · PLANNING BD't'O .~ IT~M QUANTITY 1. 4.5 AC~~LE 2. 9,150 S.Y. 3. 8,000 C.Y. 4. 2,000 C.Y. 5. 9,150 S.Y. 6. 10 F-~. 7. 5HA. 8. 1,650 L.F. 9. 250 L.F. 10. 2 F-~. 11. 3,750 L.F. 12. 1,750 L.F. 13. 14. 15, 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 1,020 C.Y. 1,270 TONS 765 TONS 300 S.Y. 740 L.F. 1EA. '137 EA. 148 ~. 11,300 S.Y. 38 EA. 10 EA. 6EA. 1,750 L.F. JOB UNIT PRICE DESCRIPTION CLF_aJlING & GRUBBI21G $ 2,650.00 STRIPPING & STOCKPILING (TOPSOIL) 2.00 EXCAVATION @ RECHARGE BASIN 2.00 UNCLASSIFIED F_~CAVATION 6.00 FiNE GRAD T,NG 0.50 DtL~I~NAGE: CATCH BASINS 3,000.00 MA~YHOLES 3,000.00 18" ~ C.M.P. 30.00 24" 0 C.M.P. 35.00 CONCRETE HEADWALLS 1 , 600.00 CONCtLETE CURBI~NG (STRAIGHT) 6.50 CONCRETE CURBING (CURVED) 12.00 SURFACING: 3/4" STONE BL~ND or CRUSHED CONCRETE 40.00 2~-~'' ASPF_ALT BINDER COURSE 40.00 1~." ASPHALT WEART,NG COURSE 40.00 DRIVEWAY APRONS 25.00 VI_NYL~ CLAD CHAI~N LI~NK FENCE 25.00 6' x. 10' VINYL CLAD CHATN LINK GATE 900.~0 STREET TREES 200.00 8CREEI~ PLANTING (RECHARGE BASIN) 100.00 TOPSOIL & SEED 2.50 CONCRETE SURVEY MON~TS 100.00 STREET SIGNS 200.00 STREETLIGHT FLXTURE & STANDARD 2,000.00 DLRECT BI/RIAL CABLE (AWG # 6) 2.00 PROTECTION & MAT,NT~/qAI~CE OF TRAFFIC - * LYNDREGROUI~O T,NSTALLATIONS NOT I~NCLUDED' ! COST 11,925.00 18,300.00 16,000.00 12,000.00 4,575.00 30,000.00 15,000.00 49,500.00 8,750.00 3,200.00 24,375.00 21,000.00 40,800.00 50,800.00 30,600.00 7,'500.00 18,500.00 900.00 27,400.00 14,800.00 28,250.00 3,800.00 2,000.00 12,000.00 3,50O.0O 3,000.00 TOTAL $ 485,983.00 SI~-TOTAL $ 458,475.00 + 6% ADMINISTRATION FEE $ 27,508.00 .ULICO CASUALTY COMPANY 111 Massachusetts Avenue, N.W. Washington, DC 20001 FINANCIAL STATEMENT AS OF DECEMBER 31, 1992 I certify that the below listed officflrs~werc duly elected by the Board of Directors of Ullco Casualty Company and continue to hold the office set opposite their names. OFFICERS Robert A. Georgine Chairman and Chief Executive Officer Joseph A. Ca~abillo Vice President Le~r H. Null, Sr. Secretary-Treasurer William L. Cross Vice President Charles R. Sormanl Senior Vice President Linde A. Shepherd Vice President Thoma~ B. Bowling Vice President Michael R. Stee~l Vice President I further certify that the following Financial Statement of the Company is true, as taken from the book~ of thc Company a~ of December 31, 1992: ASSETS LIABILITIES AND POLICYItOLDER'S SURPLUS Preferred stocks Mortgage loans on real estate Cash on hand and on deposit Premiums and agents' balances Premiums, agents' balances and insudlmen~ Federal income tax recoverable Electronic data processing equipment Real estate Receivable from affiliates TOTAL/fi}Mi I-IKD ASSETS 84,383,337 14,488,820 0 4,523,383 14,480,606 115,179 0 1,667,461 0 253,914 2,224,201 0 7,831 1,132,056 692,889 0 123,969,677 Losses 40,581,419 Loss adjustment expense 909,420 Contingent commissions & other slmilar charges 1,089,103 Other expenses 40,038 Reinsurance payable on paid losses 0 Taxes, licenses and fe~s 46,418 Unearned premiums 9,945,409 Funds held by Company under reinsurance treaties 0 Amounts withheld or retained by Company for account of others 0 Payable for ~uritiea 0 Provisions for reinsurance 0 Federal income tax payable 0 Payable to parent, subsidiaries & affiliates 19,545,728 Aggregate write-ins for liabilities 24,184 TOTAL LIABILITIES 72,181,719 Capital paid-up 3,000,000 Paid-in and contributed surplus 46,200,000 Unassigned funds (surplus) 2,587,958 Total policyholder's surplus 51,787,958 TOTAL LIABILITIES & POLICYIIOLDER'S SURPLUS 123,969,677 IN WITNESS WIIEREOF, I have hereunto sat my hand and affixed the seal of the Company this 5th day of March, 1993. CORPORATE SEAL ~ % ~ . DistrictofColumbia ss: ~\ ..... ~-r ~ RobertA.-Geo~'gine',C~/[~ianandChiefExecutiveOffieer On this 5th day of March, 1993, before the subscriber, a Notary Public of the District of Columbia, duly commissioned and qualified, came Robert A. Georgine of Ulico Casualty Company to me personally known to be the individual and officer described herein, and who executed the preceding instrument, and acknowledged the execution of the same, and being by me duly sworn, deposed and said. that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal oftbe Company, and the Corporate Seal and signature as an officer were duly affixed and subscribed to the said instrument by the authority and direction of the Corporation, and that the resolution of the Company. referred to in the preceding instrument, is now in force; and that said Corporation has received from the Insurance Commissioner of the State of Delaware a Certificate of Authority and of its sufficiency as surety or guarantor under Section 7701 of Title 18 of the Insurance Code of the State of Delawaxe. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my official seal at Washington, DC, the day and year above written. ~OTA~y- . ~ . , NOTARIAL SEAL ~ ¢~'~. ~. CUc,..A,A~A ~I~c-~-, A Notary Public ~l~C~rarnission Expires October 14, 1993 SU~94IT ESTATES - SECTION 1 WATER SUPPLY AGREEMENT AGREEMENT, made this day of 1992 between the Village of Greenport, a municipal corporation in Suffolk County having its office and principal place of business at 236 Third Street, Greenport, New York, (hereinafter called the "VILLAGE"). and with Gusmar Realty Corp. with p~incipal offices located at 13-15 37th Avenue~ Long Island City, New York 1~, (hereinafter called "GUSMAR"). Wq{EREAS, GUSMAR is the owner in fee of certain real property shown on the map an preliminary plan entitled "Map of Summit Estates at East Meadow - Section 1" annexed hereto as Exhibit A and hereafter referred to as "Sunu~it Estates - Section 1"; and WHEREAS, GUSMAR seeks to secure a public supply of water for the ten (10) residences to be constructed at Summit Estates - Section 1; and WHEREAS, the VII.TAGE 'for the consideration and under the terms stated herein desires to supply Summit Estates - Section 1 with a public supply of water, NOW THEREFORE, in consideration of the premises and covenants contained hero, in it is mutually agreed as follows: FIRST: UPFRONT FEES a. Upon th~ execution of this Agreement, Gusmar shall pay to the Village Four Thousand Seven Hundred Thirty Two ($4',732.00) Dollars per planned dwelling unit for a total of Forty Seven Thousand Three Hundred Twenty ($47,320.00) Dollars as upfront fees for the allocation by the Village to supply water for the ten residential units planned by Gusmar for Summit Estates-Section 1. The upfront fee shall be paid by bank or certified check. The upfront fee charged by the Village may be amended from time to time by the Village. Ir the event the upfront fee increases between the date cf this agreement and acceptance of the dedication, as provided for at paragraph SEVENTH, Gusmar shall pay upon the acceptance an amount equal to the increase times the number of residential units to be serviced by the mains and appurtenances accepted. In the event the upfront fee increases between the date of the acceptance of dedication and an application for an individual hook-up the applicant for the hook up shall pay an amount equal to the increase times the number of hook-ups being requested which shall be paid at the time of the application for hook-up. Upfront fees received by the Village are not refundable and b~come the exclusive property of the Village upon receipt. Payment shall be by bank or certified check. SECOND: ~ a) Gusmar shall Provide such engineering services as may be necessary and install at its own cost and expense water mains, hydrants, fittings, valves and such other appurtenances as are necessary and as shown on Exhibit A hereinafter the "Work". The installation shall be in accordance with the rules ard regulations of the Village Water Department and this aqreement. The placement of piping and a~purtenances shall be as shown on Exhibit A. At its own cost, Gusmar shall provide all the necessary labor and materials, except for hydrants which are hereinafter provided for, to complete the installation and backfilling. All valves used in connection with the installation shall be ,,Mueller Valves" the size thereof to be approved in advance by the Village Superintendent of Water in writing. b) The Work referred to in this agreement shall be completed within twenty-four (24) months of final subdivision approval by the Planning Board for the Town of southold but in no event later than thirty-six (36) months from the date of this agreement. In the event the Work is not completed in the time period set forth in this agreement, the Village may in its sole discretion grant an extension to Gusmar to complete the Work or terminate the agreement and withdraw the allocation provided for herein and the upfront fees shall be deemed abandoned to the village. ~ 3 THIRD: HYDRAIqTS a) The Village'shall supply and deliver to the designated site the.hydrants for installation by Gusmar pursuant to this agreement. Gusmar shall pay the cost of the hydrant and any delivery charge at the time the request for the hydrant is made to the Village. Subject to availability of hydrants from suppliers the Village shall deliver the requested hydrant or hydrants within twenty-one (21) days of receipt of the request and payment. b) Until such time as rental for such hydrant is assured and paid for by the Southold Fire District to the Village, Gu~mar will pay annually to the Village such rental for suck hydrants as is from time to time being paid by such District to the Village for other hydrants in the District. c) The work and material for the installation of the piping and the hydrants shall be in accordance with the following: (1) polyvinyl chloride pipe (AWWA spec. c-900) Class 150 or equal with push-on joints/couplings and underground metallic warning tape, or (2) cement-lined ductile iron pipe (AWWA spec. C151-81) class 150, or equal. All pipes, joints and parts of the system to be able to stand pressure of not less than one hundred twenty (120) pounds per square inch. 4 FOURTH: ~ The installation provided for herein shall be inspected by the Village which hereby delegates its Superintendent. of Water or his designee full power of inspection hereunder. Gusmar hereby grants complete freedom of access to all parts of the premises and the Work for inspection. The cost of inspections are included in the upfront fee. The Village will have an authorized inspector at the site ~pon reasonablelnotice. Work not passed by the inspector will not be accepted by the Village. No backfilling shall be done by Gusmar, until the pipe and the Work in the trench has been approved by the inspector. FIFTH: TESTS The Village will supply without charge to Gusmar at S,~mmit Estates-Section 1 sufficient water to make essential tests and to leave the system on final approval completely sanitary, said supply to be not less than sixty (60) pounds per ~quare inch. SIXTH: EASEMENTS a) Gusmar shall grant and convey to the Village an easement and right of way for the purpose of ]Laying, relaying, repairing, operating and maintaining lateral water mains, both supply and actual distribution, and appurtenances, including domestic services and fire hydrants in the full length and width of the now or hereafter existing public or private streets in the premises as shown on Exhibit A. 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 d[istance shall be within the roadway. The rights of way and easements shal'l be over the ilands described in Exhibit B. Gusmar shall provide a certification of title from a licensed title insurance company with respect to the real property upon which the easement.is granted. b) The easements herein granted are not exclusive, and other easements in said streets may be granted by Gusmar to other persons or corporations maintaining public services throughout the development, provided the actions do not violate Suffolk County, New York State or Federal requirements and that no other mains are set within two feet internally of the water mains and no poles are set into the grourd 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 water mains, Gusmar will advise the Village in writing of the exact location of the intersuction forthwith upon installation and shall supply maps to the Village showing the exact location. Said intersections shall not be permitted without prior written consent of the Village. SEVENTH: DEDICATION ' a) Gusmar a~rees that upon completion of the Work and approval of the Work by the Village, Gusmar shall dedicate the same to the Village. Upon completion of the installation as provided for herain in accordance with any 6 contract made pursuant hereto, title to the mains, hydrants, valves, and fittings so installed and laid shall be deemed dedicated to the Village, and Gusmar shall in confirmation of such passage of title, execute an instrument transferring and assigning to the Village the title and certifying same free and clear of all encumbrances or liens on the mains, hydrants, valves and fittings so laid and installed, and shall procure from all persons having an interest in the land in which the mains lie a proper easement in favor of the Village for the perpetu~il maintenance, repair or replacement of said mains ar,d fittings, including the right to extend the mains with no reimbursement to Gusmar and to connect them with other mains to be laid by or under the supervision of the Village. The instruments so executed shall be in recordable form. b) The Village agrees that upon completion of the Work by Gusmar and approval of the Work by the Village pursuant to the terms of this agreement, and upon the conveyance of the proper' easements, all as hereinbefore provided, the Village shall accept the dedication, assignment and conveyance of the mains, valves, hydrants and fittings and maintain them thereafter and upon a proper application for hook-up, supply 9ater pursuant to the regulations of the Village Water Department. The acceptance shall be by resolution of the Village Board of Trustees. c) Upon acceptance of Gusmar's dedication and the appropriate application for individual hook-ups, the Village will supply water to the residences of Summit Estates-Section 1 at the rates and pursuant to the rules and regulations of the Village in force from time to time. EIGHTH: SERVICE LINE, FEE AND SUPPLY Upon receipt of an application or applications for hook-up with the required fees and deposit, ti~e Village shall install oz supervise the installation of tlhe requested service line to the particular lot or lots that are the subject of the application with a curb stop near the property line. Curb stops shall be installed in accordance with Village spec~.fications as set forth in the Water Department Rules and Regulations. The Village shall tap the main or super~ise the tapping of the main, installation of a curb stop and the installation of a water meter. The tapping fee sh~ll be four hundred thirty-five ($435.00) dollars per dwelling unit for the three quarter inch service, and four hundred seventy-five ($475.00) dollars per dwelling unit for the one inch service or in such other amount as is in effect at the time of application for hook-up. NINTH: MiNiMUM wATER CHARGES Gusmar acknowledges the Village's commitment to supply water as provided for herein results in the Village making an allocation for such water supply with a consequent continuing exp.lnditure by the Village of funds to maintain and provide for'the allocation. In the event an application for water supply hook-up is not made within five 8 years of the date of this agreement with respect to any lot which the Village has agree( to provide water for in this agreement, the lot for whick no application is made shall thereafter be subject to the Village's minimum water supply charge in effect at that time and as thereafter amended from time to time. In the event the charge is not paid, the allocation provided for here~!.n for that particular lot shall be deemed abandoned. Gusmar agrees to record, at the County Clerk's office for the County of Suffolk, covenants and restrictions in a form satisfactory to the Village, applicable to the lots of Svmmit Estates, Section 1, providing notice to any subsequent purchasers of said lots of the provisions of this paragraph. TENTH: DEC APPROVAL Gusmar shall provide for the certification by a New York State licensed Professional Engineer that the installation provided for herein contains all the water-saving fixtures and appurtenances as set forth by the New York State Department of Conservation and the Village as may be amended from time to time. Gusmar will not interconnect with the p%blic water supply for the purposes of law, garden maintenance or ground watering system. Gusmar shall execute a d~claration and covenant to that effects simultaneously with the execution of this contract. 9 ELEVENTH: COMPLETE AGREEMENT This agreement contains the complete agreement between the partied for the construction and eventual acqui~iti0n by the Village of the mains, valves, fittings and hydrants hereinbefore described. Gusmar agrees that it will not make any claims against the Village on account of this contract, agreement and/or payment of monies required herein for the installation, mains, valves, fittings or hydrants or Wore and the acceptance of the terms of this agreement, notwithstanding the provisions of any general or special law to the contrary which may or may not be enacted. TWELEFTH: BENEFIT This agreement shall inure to the benefit and shall bind the respective heirs, legal representative, successors or assigns of the p~rties hereto. THIRTEENTH: NON-A~SIGNABL~ This agreement shall not be assignable by Gusmar without the consent in writing of the Village, which consent shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties have executed this agreement in four (4) counterparts, all of which shall 10 constitute originals, the day and year first above written. VI~.?~GE OF GREENPORT BY: WILLIAM R. PELL, III, Mayor CORP./ PETE~ FAKIRTS, PreSident Obligations herein of GUSMAR REALTY CORP. are/~ereby personally guaranteed. PETER F~fKIRIS ~ STATE OF NEW YORK) ss: COUNTY oF , On this ~ day of %~ ~ 1992, before me personally came William R. Pell III, to me ~o~, who being by me duly sworn, did depose and say that he resides at 236 Third Street, Greenport, New York that he is the Mayor of The Village of Greenport, the m~/~nicipal co~oration described in, and which executed the [:bore inst~ent; that he ~ows the seal of said co~oratior~; that the seal affixed to said inst~ent is such co~orat~ seal; that it was so affixed by orde~ of the Board of T~stees ?f said co~orati~d that he signed his name thereto by like ~r. / MICHEL FISHER / /~ ' STATE OF NEW YO~) ) , On this y of ~ L , 1992, before me personally came, Peter Fakiris to me ~o~, who being by me duly sworn, did depose and say that he resides at 1315 37th Avenue, ~ng Island City, New York that he is the President of Gusmar Realty Co~. the co~oration described in, and which executed the above inst~ent; that he ~ows the seal of said co~oration; that the ~seal affixed to said inst~ent is such co,orate seal; tha¥ it was so affixed by order of the Board of Directors of sa id c~oration and that he signed his name thereto by l~e order. 11 SENDER: SUBJECT: SCTM~: CO~5~ENTS: SUBMISSION WITHOUT COVER LETTER APR 2 4 IgEI2 i L~ ,. SOUTHOLD TOWN PLANNING BOARD DECI=IP~TIO~ OF PROTECTIVE COVENANTS ~ RESTRZcTI( SUMaC. IT ESTATES EAST MARION REAL 'SUFFOLK DECL~_~_TION made th/s .~ day of .3~w ~oo~ ~ ~ ,COUNTY CORP., a domes~±c corporation q i=s or-nC~pa! place of business at 13-07 37th Avenue, Lonq Isled C~t~;, New ~ork 1!!01, h .... na~___ called the Declar~. , ,3480,3 Wa_.KE.%S, tke Declarant of Covenants a//d Restrictions wi!! be filed before the map of Su~it Estates is filed in the office of ~he County Clerk. W~ERE3_S, the Declarant is the ow-ear in fee s~ole of ~ - _ ~e ~oi!owiaq described pre~ses: side of ALL that certain plot, piece, or parcel ofland in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: ~ARCEL T BEGINNING at the intersection of the westerly side of Shipyard and the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING thence from said point of beginning along the westerly Shipyard Lane the following two (2) (1) South 37 deg. 45 min. 52 sec. .k) South 37 deg. 06 min. 12 sec. courses and distances: East 833.33 feet, East 9.98 feet to land now or' formerly Gusmar Realty Corp. ~U~ .... ~,= thence along land now or f~rmerly Gusmar Realty Corp. the following thirteen (13) courses and distances: 53 mi~. 48 sec. West 200.00 feet, 06 min. 12 sec. East 63.84 feet, 14 mi~. 08 sec. West 201.23 feet, (1) South 52 deg. (2) South 37 deg. (3) South 52 deg. (4) South 69 deg. (5) South 54 deg. (6) South 35 deg. 05 min. 45 sec. 15 min. 38 sec. 44 min. 22 sec. CONTINUED ON PAGE 2 West 90.15 feet, West 161.50 feet, East · /~ PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES ' · Page 2 . (7) on a curve to the left having a radius of 120.32 feet a distance of 166.66 feet, (8) South 25 deg. 06 min. 12 sec. East 50.00 feet, (9) on a curve to the right having a radius of 170.32 feet a distance of 35.58 feet, (10) South 06 deg. 23 min. 29 sec. East 115.00 feet, (11) South 76 deg. 22 min. 24 sec. East 118.03 feet, (12) South 20 deg. 18 min. 14 sec. West 173.64 feet, (13)~South 55 deg. 27 min. 28 sec. West 160.97 feet to land n~w or formerly John and Marguerita Tam Aexel; RUNNING thence North 34 deg. 32 min. 32 sec. West along land now formerly John and Marguerita Tam Aexel and along land now or or formerly Otto and June Schoenstein 185.38 feet to land now or formerly Gusmar Realty Corp. RUNNING thence along land now or formerly Gusmar Realty Corp. the following seven (7) courses and distances: (1) North 55 deg. 27 min. 28 ~ec. East 200.18 feet, (2) North 06 deg. 23 min. 29 sec. West 127.40 feet, (3) on a curve to the right having a radius of 170.32 feet a distance of 180.30 feet, (4) North 35 deg. 44 min. 22 sec. West 404.01 feet, (5) on a curve to the left having a radius of 40.00 feet a distance of 34.53 feet, CONTINUED ON PAGE 3 PROTECTIVE COVENANTS AND RESTR'ICTIONS SUMMIT ESTATES Page 3 (6) on a curve to the right having a radius of 60.00 feet a distance of 213.52 feet, (7) North 28 deg. 41 min. 56 sec. East 102.09 feet to land now or formerly New York State Department of Public Works; RUNNING thence along land now or formerly New York State Department of Public Works the following'five (5) courses and distances: (1) South 33 deg. 35 min. 38 sec. East 90.04 feet, (2) North 56 deg. 24 min. 22 sec. East 300.00 feet, _ (3) North 33 deg. 35 min. 38 sec. West 300.00 feet, (4) South 56 deg. 24 min. 22 sec. West 265.00 feet, (5) North 33 deg. 35 min. 38 sec. West 201.82 feet to the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING thence along the Southerly side of Main Road Rte. 25) the following two (1) North 63 deg. (2) North 56 deg. westerly side of Shipyard Lane and the point or place (2) courses and distances: 43 min. 48 sec. East 17.09 feet, 30 min. 58 sec. East 430.21 feet to the of BEGINNING. PARCEL II BEGINNING at a point on the southerly ~ide of Main Road (N.Y.S. Rte. 25) said point being situate the following two (2) courses and distances, as measured along the southerly side of Main Road (N.Y[S. Rte. 25) from the intersection of the southerly side of Main Road (N.Y.S. Rte. 25 and the westerly side of Shipyard Lane: CONTINUED ON PAGE 4 PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Page 4 1) South 56 deg 30 min 58 sec. (2) South 63 deg. 43 min. 48-sec. West 430.21 feet, West 52.38 feet; RUNNING thence from said point of beginning South 33 deg. 35 38 sec. East along land now or formerly New York State Department min. of Public Works 282.06 feet to land now or formerly Gusmar Realty Corp.; RUNNING thence South 54 deg. 15 min. 38 sec. West along land now or formerly Gusmar Realty Corp 346.24 feet to land now or formerly Larry D. and Allison C. Bouts; RUNNING thence North 35 deg. 44 min. 22 sec. West along land now or formerly Larry D. and Allison C. Bouts and along land now or formerly Antonios G. and Caliope Katsimatides 402.50 feet to the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING thence along the southerly side of Main Road (N.Y.S. Rte. 25) the following three (3) courses and distances: (1) North 70 deg. 34 min. 48 sec. East ' 93.75 feet, (2) North 76 deg. 32 min. 48 sec. East 221.37 feet, (3) North 63 deg. 43 min. 48 sec. East 62.85 feet to land now or formerly New York State Department of Public Works and the point or place of BEGINNING. PARCEL III BEGINNING at the northeasterly corner of the parcel about to be described said point being situate the following five (5) courses and distances from the intersection of the westerly side of Shipyard Lane and the southerly side of Main Road (N.Y.S~ Rte. 25): CONTINUED ON PAGE 5 PROTECFIVE COVENANTS SUMMIT ESTATES Page 5 AND RESTRICTIONS (1) South 37 deg. 45 min. 52 sec. East along the westerly side of Shipyard Lane 833.33 feet to a point, (2) South 37 deg. 06 min. 12 sec. East still along the westerly side of Shipyard Lane 702.48 feet to land now or formerly Gusmar Realty Corp. and the southerly terminus of the arc of a curve connecting the westerly side of Shipyard Lane and the southerly ~ide of a 50 foot wide Easement for ingress and egress for this Parcel III of "Map of Summit Estates, Section 1", (3) on a curve to the left, connecting the westerly side of Shipyard Lane and the southerly, side of the aforementioned Easement, having a radius of 40.00 feet a distance of 62.'83 feet to th~ westerly terminus of the arc of curve connecting the westerly side of Shipyard Lane and the southerly side of the aforementioned Easement, (4) South 52 deg. 53 min. 48 sec. West along the southerly side of the aforementioned Easement 248.00 feet to a point, (5) on a curve to the left having a radius of 810.00 feet still along the southerly side of the aforementioned Easement a distance of 4.62 feet; RUNNING thence from said point of beginning South 36 deg. 51 min. 12 sec. East along land now or formerly Gusmar Realty Corp. and land now or formerly Parkside Heights Co. 806.96 feet to land now or formerly Parkside Heights Co.; RUNNING thence along land now or formerly Parkside Heights Co. and along land now or formerly Cleaves Point Condominium the following two (2) courses and distances: CONTINUED ON PAGE 6 PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Page 6 (1) South 54 deg. 06 min. (2) South 10 deg. 39 min. highwater mark of Gardiners Bay; RUNNING thence North 88 deg. 30 min. 49 sec. West along the highw~ter mark of Gardiners Bay 97.34 feet to land now or formerly Crescent Beach Condominium; RUNNING thence along land now or formerly Crescent Beach Condominium and along land now or formerly Gusmar Realty Corp. (3) courses and distances: the following three (1) North 10 deg. 39 min. (2) North 54 deg. 06 min. (3) North 36 deg. 51 min. 18 sec. West 206.72 feet, 48 sec. West 540.89 feet to the 48 sec. East 513.12 feet, 18 sec. East 203~55 feet, 12 sec. West 758.07 feet to the southerly side of the aforementioned 50 foot wide Easement; RUNNING thence on a curve to the right having a radius of 810.00 feet along the southerly side of the aforementioned Easement a distance of 100.32 feet to the point or place of BEGINNING. TOGETHER with a 58 foot wide easement-for ingress and egress for this Parcel III "Map of Summit Estates, Section 1". Also known and designated as Lots No. 1 through 35, and the open space parcels (Parcels A, B, and C), and the Park and Recreation area (Parcel D) on a certain map entitled "Map of S~mmit Estates at East Marion, Town of Southold, Suffolk County, N.Y.", filed in the Office of the Clerk of the County of Suffolk on the day of as Map No. CONTINUED ON PAGE 7 /PRQT ~C ENANTS AND RESTRICTIONS SUMMIT ESTATES Page 7 WheREAS, the Declarant desires to make this Declaration se'tting forth reservations, restrictions, covenants, conditionsand aqreements, subject to which the property sho~ on said map is now held and shall be sold and conveyed. NOW, subject to the with the land: ~EREFORE, the aforedescribed premises ~ha!l be following covenants and restrictions which shall run No lot shall be subc~vided or its lot lines changed in any m~ner at any future date unless authorized by the Tore/ of Southold Pl~4ng Board: Due to the minlmLun .lot area requirement of. the zoning classification of this property being considerably less than the area of Lot No. 33, Lot No.33 shall be made subject to a covenant that will prohibit its future subdivision. - The fence which e~ends into park and recreation Parcel D is to be removed, as are the structures which are shown in that area. All storlawater ru/loff resulting from the development and improvements of this subdivision or any of its lots shall be retained on the site and shall not flow out onto Main Road State Roa~'25) or into the State recharge basin. No sanital-y disposal facility shall be constructed or installed within 100 feet of the mean high water line on Gardiner's Bay. No stormwater runoff shall be discharged directly into Gardiner's Bay in any manner. The following terms shall apply to the Open Space parcels A, B and C. a) These areas shall be owned by the Homeow~lers Association for Sumunit Estates. CONTINUED ON PAGE 8 /PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Page 8 b) These areas shall remain in their natural state. Maintenance of the natural vegetation shall be the only use or activity allowed, other than passive recreation. Any use of this area for parking or for any vehicular access to the Park and Recreation area shall be subject to Planning Board approval. c) No structure or building shall be placed within these areas. The terms "structure" and "building" shall be interpreted as including, but not limited to, swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement of fences. The following terms shall apply to the Park and Recreation parcel D. a) This area shall be owned by the Eomeowners Association for Su~m~t Estates. b) These areas shall remain in their natural state. Maintenance of the natural vegetation shall be the only use or activity allowed, other than passive recreation. c) Any building, structure or parking to be located on parcel D, shall be subject to Southold Town Planning Board approval. Any building, structure or parking allowed by the Planning Board shall be located to the northerly side of a line connecting the following two points: 250' north of Gardiners Bay on the easterly property line of the Park and Recreation area, and 310' no~h of Gardiners Bay on the westerly property line of the Park and Recreation area, as indicated on the subdivision map for Summit Estates. The drainage pond located on Lots 14 and 15 of the final subdivision map, is to be left intact in perpetuity, and there is to be no lot or road drainage into such pond. This area shall not be filled or regraded. CONTINUED ON PAGE 9 PROTECTIVE COVENANTS AND RESTRICTIONS SU]~MIT ESTATES Page 9 10. 11. The 9' wide strip of land parallel to Main Road ( N. ¥. State Rte. 25 ), as shown on the final subdivision map is to be offered for dedication to New York State, and is to be kept available for dedication in perpetuity, by the ~omeowners Association for future highway purposes. The dock, and any futur~ exmansion of such, cmm~ot be conveyed separately from'Lot No. 33 except by permission of the Southold Town Planning Board after a public hearing, and if such conveyance shall be allowed, it shall be mo the owner(s) of the park and recreation area only. 12. The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas or any similar area described by a different nomenclature, so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce th~ conditions a~d restrictions of the covenants as they relate to the open space, common area or any similar area described by a different nomenclature, and to take a~y legal action it deems necessary to enforce the conditions and restrictions of the ~ovenanms. These rights of inspection.and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. CONTINUED ON PAGE 10 ~ ' tares Covenants and Restrictions 13. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. GUSMAR RE~LTY CORP. STATE OF NEW YORK: : COUNTY OF SUFFOLK: ss. this I~day of'~(~ , 19~, before me personally ,on came ~%~~ to me known, w~o, being by me duly sworn, did depose and say that he resides at ~l~fA ~ ~-~ ~z~L~hat he is the ~r. of GUS~R REALTY CORP., the corporation desdribed in, and which executed the foregoing instr~ent~ ~at kc knows the s~l of ~id ~o~poratlo~; Libel the ~a~ixe~ to sai~ instr~t is ~h corp~+= ~a] ~ that was so ~~ o rd-of- d-~ors uf =ai~corp~ion~ and that he si~ed his n~e thereto by like order. SUMMIT ESTATES - SECTION 1 WATER SUPPLY AGREF2~ENT AGREEMENT, made this 24 day of April 1992 between the Village of Greenport, a municipal corporation in Suffolk County having its office and principal place of business at 236 Third Street, Greenport, New York, (hereinafter called the "VILLAGE"). and with Gusmar Realty Corp. with principal offices located at 13-15 37th Avenue, ~)ng Island City, New York 11101, (hereinafter called "GUSMAR"). WHEREAS, GUSMAR is the o%a~er in fee of certain real property shown on the map an .preliminary plan entitled "Map of S~Jm~it Estates at East~ - Section 1" annexed hereto as Exhibit A and her~after referred to as "Summit Estates - Section 1"; and WHEREAS, GUSMA~ seeks to secure a public supply of water for the ten (10) residences to be constructed at Summit Estates - Section 1; and WHEREAS, the VILLAGE for the consideration and under the terms stated herein desires to supply Summit Estates - Section 1 with a public supply of water, NOW THEREFORE, in consideration of the premises and covenants contained hero,in it is mutually agreed as follows: APR 2 4 SOUmOLDTO :N I j PLANNING BOARD a. Upon th~ execution of this Agreement, Gusmar shall pay to the Village Four Thousand Seven Hundred Thirty Two ($4,732.00} Dollars per planned dwelling unit for a total of Forty Seven Thousand Three Hundred Twenty ($47,320.00) Dollars as upfront fees for the allocation by the Village to supply water for the ten residential units planned by Gusmar for S~it Estates-Section 1. The upfront fee shall be paid by bank or certified check. The upfront fee charged by the Village may be amended from time to time by the Village. Ix' the event the upfront fee increases between the date ¢'f this agreement and acceptance of the dedication, as provided for at paragraph SEVENTH, Gusmar shall pay upon the acceptance an amount equal to the increase times the number of residential units to be serviced by the mains and appurtenances accepted. In the event the upfront fee increases between the date of the acceptance of dedication and an application for an individual hook-up the applicant for the hook up shall pay an amount equal to the increase times the number of hook-ups being requested which shall'be paid at the time of the application for hook-up. Upfront fees received by the Village are not refundable and become the exclusive property of the Village upon receipt. Payment shall be by bank or certified check. 2 SECOND: ~ a) Gusmar shall provide such engineering services as may be necessary and install at its own cost and expense water mains, hydrants, fittings, valves and such other appurtenances as are necessary and as shown on Exhibit A hereinafter the "Work". The installation shall be in accordance with the rules ard regulations of the Village Water Department and this a~reement. The placement of piping and appurtenances shall be as shown on Exhibit A. At its own cost, Gusmar shall provide all the necessary labor and materials, except for hydrants which are hereinafter provided for, to complete thu installation and backfilling. All valves used in connection with the installation shall be "Mueller Valves" the size thereof to be approved in advance by the Village Superintendent of Water in writing. b) The Work ref~rred to in this agreement shall be completed within twenty-t'our (24) months of final subdivision approval by the Planning Board for the Town of Southold but in no event later than thirty-six (36) months from the date of this agreement. In the event the Work is not completed in the time period set forth in this agreement, the Village may in its sole discretion grant an extension to Gusmar to complete the Work or terminate the agreement and withdraw the allocation provided for herein and the upfront fees shall be deemed abandoned to the Village. ~ 3 THIRD: ~ a) The Village shall supply and deliver to the designated site the hydrants for installation by Gusmar pursuant to this agreement. Gusmar shall pay the cost of the hydrant and any delivery charge at the time the request for the hydrant is made to the Village. Subject to availability of hydrants from suppliers the Village shall deliver the requested hydrant or hydrants within twenty-one (21) days of receipt of the request and payment. b) Until such time as rental for such hydrant is assured and paid for by the Southold Fire District to the Village, Gu~mar will pay annually to the Village such rental for suck hydrants as is from time to time being paid by such District to the Village for other hydrants in the District. c) The work and material for the installation of the piping and the hydrants shall be in accordance with the following: (1) polyvinyl chloride pipe (AWWA spec. c--900) Class 150 or equal with push-on joints/couplings and underground metallic warning tape, or (2) cement-lined ductile iron pipe (AWWA spec. C151-81) class 150, or equal. Ail pipes, joints and parts of the system to be able to stand pressure of not less than one hundred twenty (120) pounds per square inch. 4 FOURTH: ~ The installation provided for herein shall be inspected by the Village which hereby delegates its Superintendent of Water or his designee full power of inspection hereunder. Gusmar hereby grants complete freedom of access to all parts of the premises and the Work for inspection. The cost of inspections are included in the upfront fee. The Village will have an authorized inspector at the site upon reasonablelnotice. Work not passed by the inspector will not be accepted by the Village. No backfilling shall be done by Gusmar, until the pipe and the Work in the trench has been approved by the inspector. FIFTH: TESTS The Vill&ge will supply without charge to Gusmar at Summit Estates-Section i sufficient water to make essential tests and to leave the system on final approval completely sanitary, said supply to be not less tlhan sixty (60) pounds per rquare inch. SIXTH: ~~ a) Gusmar shall grant and convey to the Village an easement and right of way for the purpose of laying, relaying, repairing, operating and maintaining lateral water mains, both supply and actual distribution, and appurtenances, including domestic services and fire hydrants in the full length and width of the now or hereafter existing public or private streets in the premises as shown on Exhibit A. The.rights of way and easements 5 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 rights of way and easements shall be over the ilands described in Exhibit B. Gusmar shall provide a certification of title from a licensed title insurance company with respect to the real property upon which the easement is granted. b) The easements herein granted are not exclusive, and other easements in said streets may be granted by Gusmar to other persons or corporations maintaining public services throughout the development, provided the actions do not violate Suffolk County, New York State or Federal requirements and that no other mains are set within two feet interna]'ly of the water mains and no 9oles are set into the grourd 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 water mains, Gusmar will advise the Village in writing of the exact location of the intersuction forthwith upon installation and shall supply maps to the Village showing the exact location. Said intersections shall not be permitted without prior written consent of the Village. SEVENTH: DEDICAT?~ON a) Gusmar a~rees that upon completion of the Work and approval of the Work by the Village, Gusmar shall dedicate the same to the Village. Upon completion of the installation as provided for her~in in accordance with any contract made pursuant heretlo, title to the mains, hydrants, valves, and fittings so installed and laid shall be deemed dedicated to the Village, and Gusmar shall in confirmation of such passage of title, execute an instrument transferring and assigning to the Village the title and certifying same free and clear of all encumbrances or liens on the mains, hydrants, valves and fittings so laid and installed, and shall procure from all persons having an interest in the land in which the mains lie a proper easement in favor of the Village for the perpetual1 maintenance, repair or replacement of said mains ar.d fittings, including the right to extend the mains with no reimbursement to Gusmar and to connect them with other mains to be laid by or under the supervision of the Village. The instruments so executed shall be in recordable form. b) The Village agrees that upon completion of the Work by Gusmar and approval of the Work by the Willage pursuant to the terms of this agreement, and upon the conveyance of the prope:~. easements, all as hereinbefore provided, the Village shall'accept the dedication, assignment and conveyance of the mains, valves, hydrants and fittings and maintain them thereafter and upon a proper application for hook-up, supply water pursuant to the regulations of the Village Water Department. The acceptance shall be by resolution of the Village Board of Trustees. c) Upon acceptance of Gusmar's dedication add the appropriate application for individual hook-ups, the Village will supply water to the residences of Summit Estates-Section i at the rates and pursuant to the rules and regulations of the Village in force from time to time. EIGHTH: SERVICE LINE. FEE AND sUppLY Upon receipt of an application or applications for hook-up wi4h the required fees and deposit, the Village shall install o! supervise the installation of the requested service line to the partlcular lot or lots that are the subject of the application with a curb stop near the property line. Curb stops shall be installed in accordance with Village specf, fications as set forth in the Water Department Rules and Regulations. The Village shall tap the main or supervise the tapping of the main, installation of a curb stop and the installation of a water meter. The tapping fee sh;,ll be four hundred thirty-five ($435.00) dollars per dwelling unit for the three quarter inch service, and four hundred seventy-five ($475.00) dollars per dwelling unit for the one inch service or in such other amount as is in effect at the time of application for hook-up. NINTH: MINIMUM WATER CHARGES Gusmar acknowledges the Village's commitment to supply water as provided for herein results in the Village making an allocation for such water supply with a consequent continuing expenditure by the Village of funds to maintain and provide for'the allocation. In the event an application for water supply hook-up is not made within five 8 years of the date of this agreement with respect to any lot Which the Village has agree( to provide water for in this agreement, the lot for whick no application is made shall tlhereafter be subject to the Village's minimum water supply ci~arge in effect at that time and as thereafter amended from time to time. In the event the charge is not paid, the allocation provided for here~!.n for that particular lot shall be deemed abandoned. Gusmar agrees to record, at the County Clerk's Office for the County of Suffolk, covenants and restrictions in a form satisfactory to the Village, agplicable to the lots of Svmmit Estates, Section 1, providing notice to any subsequent purchasers of said lots of the provisions of this paragraph. TENTH: DEC APPROVAL Gusmar shall provide for the certification by a New York State licensed Professional Engineer that the installation provided for herein contains all the water-saving fixtures and appurtenances as set forth by the New York State Department of Conservation and the Village as may be amended from time to time. Gusmar will not interconnect with the p%blic water supply for the purposes of law, garden maintenance or ground watering system. Gusmar shall execute a declaration and covenant to that effects simultaneously with the execution of this contract. 9 ELEVENTH: COMPLETE AGREEMENT This agreement contains the complete agreement between the part~e~ for the construction and eventual acquisition by the Village of the mains, valves, fittings and hydrants hereinbefore described. Gusmar agrees that it will not make any claims against the Village on account of this contract, acreement and/or payment of monies required herein for the installation, mains, valves, fittings or hydrants or Work and the acceptance of the terms of this agreement, notwithstanding the provisions of any general or special law to the contrary which may or may not be enacted. TWELEFTH: BENEFIT This agreement shall inure to the benefit and shall bind the respective heirs, legal representative, successors or assigns of the parties hereto. THIRTEENTH: NON-A~ SIGNABL~ This ag~'eement shall not be assignable by Gusmar without the consent in writing of the Village, which consent shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties have executed this agreement in four (4) counterparts, all of which shall 10 constitute originals, the day and year first above written. VIT.T%GE OF~GR~E~ORT BY:~~ WILLIAM R. PELL, III, Mayor CORP./ PETE~F~IRfS, PreSident Obligations herein of GUSMARREALTY CORP. are~l~lereby personally guaranteed. ~ETER ~J~IRIS ~ STATE OF NEW. YORK) COUNTY OF ~d)a On this y of %% ~ 1992, before me personally came William R. Pell III, to me known, who being by me duly sworn, did depose and say that he resides at 236 Third Street, Greenport, New York that he is the Mayor of The Village of Greenport, the municipal corporation described ill, and which executed the above instrument; that he knows the seal of said corporatior; that the seal affixed to said instrument is such corporat~ seal; that it was so affixed by order of the Board of Trustees of said corporati~n~d that he signed his name thereto by like 9x~r. / MIOHAEL FISHER / STATE OF NEW YORK) )SS: COUNTY OF ) On this day of , 1992, before me personally came, Peter Fakiris to me known, who being by me duly sworn, did depose and say that he resides at 1315 37th Avenue, Long Island City, New York that he is the President of Gusmar Realty Corp. the corporation described in, and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; tha¥ it was so affixed by order of the Board of Directors of sa id corporation and that he signed his name thereto by like order. grgus81 Notary Public 11 LEGAL NOTICE NOTICE I~ It 1~9,.F.,B Y GIVEN that Law, a public heating will he held by the Southold Town Planning Board, at the Town Hall, Mai~ Road, S~u~old, 7:30 P.M. Final approval for the State of New York. Suffolk County Tax Map Number. 1~00-35-8-5.3. east by Shipyard Lane and by land now or formerly of parkside Halghts Bay. by land now or formerly of Cr~s- Tam Acxel, by land now or formerly of Otto Schoenstcin & June Scb~en- and by land 0ow or formerly of Aa- tonlas G, Katshnatid~ & Cdlip~ Kat- simatides. tlin¢ and place sl~cdicd. Dated: Ap~I 8. 1992 { THE SOl fi'HOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman ~rATE OF NEk /ORK) } COUNTY OF S'UU'u'OLK) C~ ~ ~ ~L { ~ of Mattituck, in ~d ~, be~ d~y s~m, ~ ~at he/~ ~ ~cip~ Clerk of THE S~OLK T~, a Wee~y Nempa~r, p~l~hed at ~tflt~k, the To~ of Southold, Co~ty of ~o~ and State of N~ York, ~d ~at ~e ~d ly p~Hshed Principal Clerk LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIV- EN that pursuant t~ Section 276 of the Town Law, a public hear- ing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York in said Town on the 27th day of April 1992, on the question of the following: 7:30 P.M. Final approval for the subdivision for Summit Estates, Section I at East Marion, in the Town of Southold, County of Suffolk and the Sram of New York. Suf- folk County Tax Map Number 1000-35-8-5.3. The property is bordered on the north by Main Road N.Y.S. 25; on the east by Shipyard Lane and by land now or formerly of Parkside Heights Co.; on the south by land now or formerly of Parkside Heights Co., by land now or formerly of Cleaves Point Condominium, by Gar- diners Bay, by land now or formerly of Crescent Beach Condominium; on the west by land now or formerly of James P. Kavanagh, by land now or formerly of Fred R. Schoenstein & Jennie Schoenstein, by land now or formerly of John Aexel &Marguerita Tam Aexel, by land now or formerly of Otto Schoenstein & June Schoens- rein, by land now or formerly of Constantine Hartofilis & Demetrios Hartofilis and Theordore G. Miller & Mary Miller, by land now or formerly of Kevin Robert McElroy & Anne Marie McElroy, by land now or formerly of Larry D. Bouts & Allison C. Bouts, and by land now or formerly of An- tonias G. Katsimatides & Callipe I(atsimatides. Any person desiring to be heard on the above matter should appear at the time and place above specified. Dated: April 8, 1992 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski, Jr. Chairman 1X-4/16/92(11) C(.)UNTY OF SUFFOL .~'I'A'I'IE OF NEW 5"OINK Patr'ici;~ Woo(I,' being duly sworn, says tl~at she is thc Editor, of 'I'HE LONG ISLAND TI).AVELER-WA'I'CHN~AN, a public newspaper printed at Southold, in Suffolk County; ;~n(I Ihnl thc notice of which the ;mnexcd is ~ I)l'illLCcl cop~, h,u; heen i~ublishcd in smd Long Island 'l'r;~vcler-W;~lchmlm nncc u,3cl/ week for. ................... ~ .... weeks successively, commencing on the /~' ~ Nolary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, si?re ol New York No. 480G846 Qualilied in Sull]]k Cognty/. Comnlission Expir.s PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 April 21, Joseph J. Seebode Chief, Regulatory Branch Department of the Army New York District, Corps of Engineers Regulatory Branch 26 Federal Plaza New York, New York 10278-0090 1992 RE: Major Subdivision for Summit Estates East Marion, Southold SCTM# 1000-35-8-5.3 Army Corps #91-0925-L2 F-91-542 Peter'Fakiris/Gusmar Realty Dear Mr. Seebode: I have enclosed a copy of correspondence from the Planning Board to Mr. Barton, Chief, Project Review Bureau, Division of Coastal Resources and Waterfront Revitalization, in regard to the above mentioned subdivision and Army Corps application. The Planing Board would like to bring to your attention the fact that although Mr. Fakiris currently owns the entire parcel, at such time that the subdivision is approved, the parcel upon which the dock is located will be owned by the Summit Estates Homeowners Association. Please contact this office if you have any questions regarding the above, or require any additional information. Very truly yours, Bennett Orlowski, Or. Chairman Encl. cc: Roger Evans, DEC Stony Brook PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone {516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI- L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 ~'ebruary 14, 1992 William F. Barton Chief, Project Review Bureau Division of Coastal Resources and Waterfront Revitalization State of New York Department of State Albany, New York 12231-0001 RE: Major Subdivision for Summit Estates East Marion, Southold SCTM9 1000-35-8-5.3 Army Corps #91-0925-L2 F-91-542 Peter Fakiris/Gusmar Realty Dear Mr. Barton: The Planning Board is reviewing a subdivision application for the above mentioned site. I have enclosed a copy of the map for your information. The application is in the final stages of the subdivision review process. The proposal is for 35 single family building lots and several parcels of open space. The southern-most section of this property is slated to be the Park and Recreation Area for the subdivision. This Park and Recreation Area, in addition to the other Open Space parcels, is to be owned by a Homeowners Association. The Homeowners Association will be formed prior to any subdivision approval. There is one existing dwelling on the property. This dwelling is owned by Mr. Fakiris, who is also the applicant for the subdivision. The existing dwelling will be located on Lot 3 of the proposed subdivision. The Board would like to bring the above mentioned information to your attention, as you are reviewing an Sum~nit Estates (Fakiris/Gusmar February 14, 1992 Page 2 application for a dock extension for Mr. Fakiris. Although he currently owns the entire parcel, at such time that the subdivision is approved, the parcel upon which the dock is located will be owned by the Summit Estates Homeowners Association. Please contact Melissa Spiro at this office if you have any questions regarding the above, or require any additional information. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. cc: Judith T. Terry, Town Clerk PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone 1516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 April 22, 1992 Harold Boening, President Cleaves Point Village Michael Greenstein, President Cleaves Point Commons P.O. Box 29 Greenport, New York 11944 RE: Proposed Major Subdivision Summit Estates 1000-35-8-5.3 Dear' Messrs. Boeningand and Greenstein: The Southold Town Planning Board has reviewed your letter of R[arch 31, 1992. I hope the following information answers your questions. Although the Planning Board is not involved in the permitting process for the proposed dock expansion, it has been reviewing a subdivision application for the subject property since April of 1989. The proposal is for 35 single family building lots and several parcels of open space including a park and recreation area adjacent to Gardiners Bay. The applicant has decided to submit the final maps in three sections. The final maps for Section 1 have been submitted, and the final hearing has been set for April 27th at 7:30 P.M. It is the Planning Board's understanding that the dock extension is not within the jurisdiction of the Town Trustees either. (Please refer to enclosed correspondence.) The Planning Board sent a letter on February 14, 1992, to William F. Barton, Chief, Project Review Bureau, Division of Coastal Resources and Waterfront Revitalization, describing the subdivision layout and the proposed change of ownership of the southern-most section (the park and playground area) of the property. A copy of that letter was sent to the US Army Corps of Engineers also. A copy of the letter is enclosed for your convenience. The applicant states in the draft Homeowners Association, that the dock will be for his use only. It is a requirement of the Planning Board that this document be filed prior to any endorsement of the final map for Section 1. As of today, we do not know if these by-laws have been filed. If the dock should be used in a manner contrary to that specified by the Homeowners Association's by-laws, anyone could bring the matter to the attention of the members of the Homeowners. The Planning Board cannot compel the enforcement of the bylaws by the members of the association. I do not know how the US Army Corps of Engineers'enforces compliance with the terms of its permits. You may wish to contact Joseph J. Seebode at that agency for further information (212-264-6730). Please contact this office if you have any further questions regarding the above. Very truly yours, Bennett Orlowski, Chairman Enc.'L. TRUSTEES 1ohn M. Bredemeyer, III, President Henry p. Smith, Vice Presidcnt Albert J. Krupski, Jr. John L. Bednoski, .Ir. Jolm B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 $outhold, New York 11971 January 16, 1992 *CORRECTED COPY Land Use Co. 2576 Sound Avenue Baiting Hollow, NY 11933 RE: Peter Fakiris SCTM ~1000-38-1-18 Dear Ms. Lachenmeyer: The Trustees inspected the above referenced site on January 9, 1992. The Trustees find the extension of the dock to be out of their jurisdiction by virtue of being greater than 5' in depth below mean low water. The Board feels the extension provides for an extremely large facility and if built would be equal to a marina and could impede navigation to neighboring docks. If you have any questions, please do not hesitate to contact this office. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JM_B:jmt cc: Dept. of State, Mohabir Persaud COE/NY District - Roberto Barbosa DEC - Christine Costopoulos CAC PLANNING BOAP, D MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham. Jr. Richard G Ward Mark S. McDonald Kenneth L. Edwards Tcleph{~ne 151fi,) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P,O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 April 21, Joseph J. Seebode Chief, Regulatory Branch Department of the Army New York District, Corps of Engineers Regulatory Branch 26 Federal Plaza New York, New York 10278-0090 1992 RE: Major Subdivision for Summit Estates East Marion, Southold SCTM9 1000-35-8-5.3 Army Corps g91-0925-L2 F-9t-542 Peter Fakiris/Gusmar Realty Dear Mr. Seebode: I have enclosed a copy of correspondence from the Planning Board to Mr. Barton, Chief, Project Review Bureau, Division of Coastal Resources and Waterfront Revitalization, in regard to the above mentioned subdivision and Army Corps application. The Planing Board would like to bring to your attention the fact that although Mr. Fakiris currently owns the entire parcel, at such time that the subdivision is approved, the parcel upon which the dock is located will be owned by the Summit Estates Homeowners Association. Please contact this office if you have any questions regarding the above, or require any additional information. Very truly yours, Bennett Orlowski, ~r. Chairman Encl. SENDER: SUBJECT: SCTM#: COMMENTS: SUBMISSION WITHOUT COVER LETTER APR I 6 199~ ~ SOU1HOLD TO~~ PL~mmo eo~,!!:£ DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES $OUTHOLD TOWN , , PLANNING BOARD DECLARATION made this day of , 1992, by GUSMAR REALTY CORP., a domestic corporation having its principal place of business at 13-07 37th Avenue, Long Island City, New York 11101, hereinafter called the Declarant. WHEREAS, the Declarant of Covenants and Restrictions will be filed before the map of Summit Estates is filed in the office of the County Clerk. WHEREAS, the Declarant is the owner in fee simple of the following described premises: ALL that certain plot, piece or parcel of land in the Town of Southhold, County of Suffolk, State of New York, known and designated as Lot Nos. 1 through 35 on a certain map entitled "Map of Summit Estates at East Marion, Town of Southhold, Suffolk County, N.Y." filed in the office of the Clerk of the County of Suffolk on the day of , as Map No. WHEREAS, the Declarant desires to make this Declaration setting forth reservations, restrictions, covenants, conditions and agreements, subject to which the property shown on said map is now held and shall be sold and conveyed. NOW, subject to the with the land: THEREFORE, the aforedescribed premises shall be following covenants and restrictions which shall run No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board: Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lot No. 3, this lot shall be made subject to a covenant that will prohibit its future subdivision. The fence which extends into Open Space Parcel "D" is to be removed, as are the structures which are shown in that area. Ail stormwater runoff resulting from the development and improvements of this subdivision or any of its lots shall be retained on the site and shall not flow out onto Main Road (State Road 25) or into the state recharge basin. 10. No residential structure or other major structure shall be located within 100 feet of the mean high water line on Gardiner's Bay in any manner. No sanitary disposal facility shall be constructed or installed within 100 feet of the mean high water line on Gardiner's Bay. No stormwater runoff shall be discharged directly into Gardiner's Bay in any manner. The following terms shall apply to the Open Space parcels A, B and C. a) These areas shall be owned by the Homeowners Association for Summit Estates. b) These areas shall remain in their natural state. Maintenance of the natural vegetation shall be the only use or activity allowed, other than passive recreation. c) No structure or building shall be placed within these areas. The terms "structure,, and "building,, shall be interpreted as including, but not limited to, swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement of fences. The following terms shall apply to the Park and Recreation parcel D. a) This area shall be owned by the Homeowners Association for Summit Estates. b) These areas shall remain in their natural state. Maintenance of the natural vegetation shall be the only use or activity allowed, other than passive recreation. c) Any structure or building to be placed on parcel D, shall receive approval of the Southold Town Planning Board. The drainage pond located on Lots 14 and 15 of the final subdivision map, is to be left intact in perpetuity, and there is to be no lot or road drainage into such pond. This area shall not be filled or regraded. 2 11. 12. The 9~ wide strip of land parallel to Main Road (N.Y. State Rte. 25), as shown on the final subdivision map is to be offered for dedication to New York State by the Homeowners Association for future highway purposes. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. GUSMAR REALTY CORP. By: STATE OF NEW YORK: : COUNTY OF SUFFOLK: On this day of , 1998, before me personally came , to me known, who, being by me duly sworn, did depose and say that he resides at , ; that he is the of GUSMAR REALTY CORP., the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. Notary Public RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3].40 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JAMES A. RICHTER ENGINEERING INSPECTOR 765-3070 APRIL 13, 1992 BENNETT ORLOWSKI, JR. CHAIRMAN - PLANNING BOARD TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 Re: Summit Estates - Section I Shipyard Lane East Marion SCTM # 1000 - 35 - 08 - 5.3 Dear Mr. Orlowski: As per your request, I have reviewed the Bond Estimate for the above referenced Subdivision. The applicant has requested that the Administration Fee be broken down to accomodate the Phasing that will be incorporated into this Project. Although three (3) Phases or sections of lots will be created, the actual road construction should be done in two (2) Phases. Phase one will include the Recharge Basin and together with the proposed road construction for that Phase, it will constitute about 65% of the total Bond Estimate. It is therefore recommended that 65% of the Administration Fee be paid at the beginning of Phase I. If you have any questions concerning this matter, please contact my office. James A. Richter, R.A. -- $0UIH0[D TOWN PLANNING BO~O SUBMISSION WITHOUT COVER LETTER SENDER: SUBJECT: SC~#: COMMENTS: cPc. CLEAVES POINT CONDOMINIUMS VILLAGE D COMMONS D CLUB AND MARINA, INC, P,O. BOX 29 GREENPORT, NEW YORK 11944 (516] 477- 8657 March 31, 1992 Town of Southold Attn: Planning Board Main Rd. Southold, New York 11971 Re: Dept.of Army, N.Y.District Corps. of Engineers Application # 91-0925-L2, by Peter Fakiris Dear Planning Board Members: As it concerns the enclosed letter from our Congressman, George Hoch- brueckner, and the indication that the Town of Southold had not completed its action on local permits associated with the above noted project, please ad- vise us, in writing, of any Planning Board involvement and the status of same. In this respect, while we are led to believe that the Planning Board might not have direct jurisdiction concerning the pmoposed dock extension, we have ample indication that the applicant's adjoining 35 lot subdivision will affect the use of the dock facility. Please note the enclosed photo of a promo- tional sign ~r the subdivision) which has been posted on the corner of Shipyard Lane and the Main Rd. for almost a year now. The applicant states, in various documents, that the dock will be for his exclusive use. Please inform us, in writing, of the jurisdictional status and available enforcement procedures the Town would assume should the dock be used otherwise. At the same time, please in%orm us if any other branch of Southold's Town government, other than the Trustees, might be concerned in any way with this application. Very truly yours, Enclosures PLANNtN~ ~ 'q BOARDS OF MANAGERS CLEAVES POINT CONDOMINIUM ASSOCIATIONS Harold Boening, President Cleaves Point Village\ Michael Greenstein, President Cleaves Point Commons GEORGE J..~OCHBRUECKNER ARMED SERVICES MERCHANT MARINE AND FISHERIES Mr. Bill Hichborn CongreZz of t lt ltniteb tateZ bouZt of tprtZtntatibtZ ~ilaJ~inlzton, ~ 20515 March 5, 1992 Director, Board of Managers Cleaves Point Condominium Associations P.O. Box 29 Greenport, NY 11944 Dear Mr. Hichborn: Thank you for contacting me to inquire about a proposed dock extension at Cleaves Point, in East Marion. I certainly understand and appreciate the interest of the Cleaves Point Condominium Associations in this matter. My staff has contacted the Regulatory Branch of the U.S. Army Corps of Engineers to request an update on this proposal. According to the Army Corps, no action will be taken on the permit application by the federal government until the Town of Southold has completed its action on the local permits associated with this project. If the proposal is disapproved by the town, now or at any time in the future, the permit application will automatically be rejected by the federal government. The Army Corps indicated that there is ample testimonial material from local residents concerning this project in the public record. In addition to contacting the Army Corps and the Town of Southold, you may wish to contact New York Secretary of State Gail Shaffer (162 Washington Avenue, Albany, NY 12231) to register your opinion. The Department of State is required by law to consider the impact of such a proposal on management of the coastal zone and issue a report on its findings before the proposal may go forward. I appreciate your bringing this matter to my attention. Please be assured that I will contact you if I receive word of any impending action on this proposal by the federal government. GJH:no Sincerely, Member of Congress SOUTHOLD TOWN PLANNINC, ROARi" SUBMISSION WITHOUT COVER LETTER sc~#: // ~3-.- ~ ~---. 3 COMMENTS: SOUTHOLD TOWN PLANNING BOARD DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES DECLARATION made this day of , 1992, by GUSMAR REALTY CORP., a domestic corporation having its principal place of business at 13-07 37th Avenue, Long Island City, New York 11101, hereinafter called the Declarant. WHEREAS, the Declarant of Covenants and Restrictions will be filed before the map of Summit Estates is filed in the office of the County Clerk. WHEREAS, the Declarant is the owner in fee simple of the following described premises: ALL that certain plot, piece or parcel of land in the Town of Southhold, County of Suffolk, State of New York, known and designated as Lot Nos. 1 through 35 on a certain map entitled "Map of Summit Estates at East Marion, Town of Southhold, Suffolk County, N.Y." filed in the office of the Clerk of the County of Suffolk on the day of , as Map No. WHEREAS, the Declarant desires to make this Declaration setting forth reservations, restrictions, covenants, conditions and agreements, subject to which the property shown on said map is now held and shall be sold and conveyed. NOW, subject to the with the land: THEREFORE, the aforedescribed premises shall be following covenants and restrictions which shall run No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board: Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lot No. 3, this lot shall be made subject to a covenant that will prohibit its future subdivision. The fence which extends into Open Space Parcel "C" is to be removed, as are the structures which are shown in that area. Ail stormwater runoff resulting from the development and improvements of this subdivision or any of its lots shall be retained on the site and shall not flow out onto Main Road (State Road 25) or into the state recharge basin. 6o 7e 10. No residential structure or other major structure shall be located within 100 feet of the mean high water line on Gardiner's Bay in any manner. No sanitary disposal facility shall be constructed or installed within 100 feet of the mean high water line on Gardiner's Bay. No stormwater runoff shall be discharged directly into Gardiner's Bay in any manner. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. The following terms shall apply to the Open Space parcels A, B and C. a) These areas shall be owned by the Homeowners Association for Summit Estates. b) These areas shall remain in their natural state and/or be landscaped. Maintenance of the natural vegetation and/or landscape shall be the only use or activity allowed, other than passive recreation. c) No structure or building shall be placed within these areas. The terms "structure,, and "building,, shall be interpreted as including, but not limited to, swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement of fences. The following terms shall apply to the Park and Recreation parcel D. a) This area shall be owned by the Homeowners Association for S%~m~it Estates. b) These areas shall remain in their natural state and/or be landscaped. Maintenance of the natural vegetation and/or landscape shall be the only use or activity allowed, other than passive recreation. c) Any structure or building to be placed on parcel D, shall receive approval of the Southold Town Planning Board. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. GUSMAR REALTY CORP. By: STATE OF NEW YORK: : COUNTY OF SUFFOLK: ss. On this day of , 1998, before me personally came , to me known, who, being by me duly sworn, did depose and say that he resides at , ; that he is the of GUSMAR REALTY CORP., the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that iw was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. Notary Public 3 PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S McDonald Kenneth L. Edwards Telephone (:516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOWF L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 April 7, 1992 Donna J. Geraghty Victorian Realty 11 West Main Street Riverhead, New York 11901 RE: Major Subdivision Summit Estates Section 1 East Marion SCTM% 1000-35-8-5.3 Dear Ms. Geraghty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, April 6, 1992: Be it RESOLVED that the Planning Board set Monday, April 27, ].992 at 7:30 P.M. for a final public hearing on the maps dated March 11, 1992 for Summit Estates Section 1. The final water contract must be submitted by April 24th, or the hearing will be rescheduled. On the final map, the areas labeled "now or formerly Gusmar Realty Corp." must also state that they are Section 2 and Section 3 of the major subdivision. It is the Planning Board's understanding that the buildings shown on Parcel D have been removed. This should be so stated on the final maps. The Planning Board has forwarded the final map for Section 1 to the Engineering Inspector for review. He has been asked to calculate the administration fee for each Section. The draft Declaration of Covenants and Restrictions must be revised as follows (numbers correspond to numbers in document): Sunsuit Estates, April 7, 1992 Page, 2 on 1 Must be the last item of the document. 10(b) Must be revised to read: This area shall remain in its natural state. Maintenance of the natural vegetation shall be the only use or activity allowed, other than passive recreation. Items Numbered 2 and 3 from the Planning Board's correspondence dated February 20, 1992 were omitted from the document. These items must be added. Please submit the revised draft for review by the Planning Board and Town Attorney. You will be notified when the draft has been accepted. The Declaration must be recorded, and the Liber and Page number of the recorded document must be noted on the final map. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, ~r ~ ~w~ Chairman PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latharn, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 19~9- SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: _ Tax Map No.: 1000- Street Location: ~,,,~ Hamlet Location: Type of ApPlication: Sketch Subdivision Map Preliminary Subdivision Map (Dated / / ) Final Subdivision Map~&.i (Dated $ /" /9~ ) Road Profiles (Dated / / ) (Dated / / ) Grading and Drainage Plans (Dated / / ) Other (Dated / / ) Sketch Site Plan (Dated / / ) Preliminary Site Plan (Dated / / ) Grading and Drainage Plans (Dated / / ) Other (Dated / / ) Comments , Contact Person:. ~,~SM Februa~ 19, 1992 $outhold Town Planning Board Town Hall, 53095 Main Roa~ $oUthol~, N.Y. 11971 Attn: Melissa Re: Peter Fakiris - East Marion Dear Melissa: As per our recent telephone conversation, enclosed please find copies of our proposal before the N.Y.S.D.E.C. & U.S.D.O.iA. for the construction of an addition to the existing dock assembt¥ located on the property as referenced above. Should you have any questions, please don~t hesitate to contact this office at your convenience. Very truly yours, Tanya Lachenmeyer TL/cf enclosure 2576 Sound Avenue ,, BafflngHotlow, NewYork ,, 11933i (516) 727-2400 *, FAX (516) 727-2605 Land Use February 19, 1992 Department of the Army New York District, Corps of Engineers Regulatory Branch 26 Federal Plaza New York, N.Y. 10278-0090 Attn: Mr. James W. Haggerty Re: Application No. 91-0925-L2 Peter Fakiris - East Marion Dear Mr. Haggerty: As per your letter dated 2/6/92, enclosed please find one copy of the site plan for the project as referenced above which has been revised so that it is consistent with the aerial photograph we had previously submitted. Should you have further questions or require additional [nfo]n~ation, please don't hesitate to contact this office at your convenience. Very truly yours, Charles W. Bowman CWB/cf enclosure cc: Southold Town Planning Board 2576Saund Avenue · (516) 727-2400 Baiting Hollow, NewYork · 11933 · FAX (516) 727-2605 J! Impelling (Approx'. location X2.7 Scale: l" = 100, Revised: Flood (-3.5) (Approx. 180' in length) (-1) Proposed docK: addition with 6'x80' "T"~___.~ (-_5) (width of waterway = 5000'+ (-4) X5.6 , (-2) (-3) (Approx. 140' in length) Land Use 2576 Sour~ A~e~ue · Baiting HO#OW, N.Y, 11933 (516) 727-2,400 · F~ (516) ~7-2~ Existinc 4'x270' fixed dock with 6'x80 .... ?" ("T" to bc rem%>ved) X3.2 x~~5.~Source for doc!( locations Aero~raphics Photo ~1-01 Dated: 3/13/9] (Approx. in length) Adjoinhtfi Owners: 1) Crescent Beach Condominiums 85 Lafayette Ave. Sea Cliff, N.Y. 11579 2) Cleaves Point Village Condominium ~.0. Box 29 Greenport, N.Y.:I]9~ Sheet ] of 2 ®REALTOR CORP. "A Full Service Realty" March 30, 1992 Southold Town Planning Board P O Box 1179 Southold, New York 11971 Re: Summit Estates East Marion 1000-35-8-5.3 Dear Mr. Orlowski, I am writing in receipt of your bond estimate in reference to the above mentioned property, there doesn't seem to be any problem with the request amount. However, we would like to ask that the six percent administration fee of $27,508.00 be broken into three payments to correspond with the sections. Very truly, Donna Geraghty SOUTHOLD TOW# I~,,ANNING BOARD 11 WEST MAIN STREET ,, RIVERHEAD, NY 11901 ,, TELEPHONE: (516) 369-8515 · FAX: (516) 727-3707 REALTOR CORP. 'A Full Service Realty" March 30, 1992 Southold Town Planning Board P O Box 1179 Southold, New York 11971 Re: Summit Estates Dear Mr. Orlowski, I am asking that a final hearing be set for your April 26th meeting, conditional on receiving all the necessary documents. Very truly, Donna Geraghty SOUTHOLD TOWN 11 V~.ST MAIN STREET · RIVERHEAD, NY 11901 * TELEPHONE: (516) 369-8515 · FAX: (516) 727-3707 PLANNING BOARD MEMBERS Bennett Orlowski. Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone I516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 26, '1992 SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Donna J. Geraghty Victorian Realty Corp. 11 W. Main Street Riverhead, New York 11901 RE: Major Subdivision Sur0~it Estates SCTM#1000-35-8-5.3 Dear Ms. Geraghty: Enclosed please find a copy of the March 24, 1992 resolution by the $outhold Town Board approving the amount of $458,475.00 for a bond for roads and improvements in the above mentioned subdivision. Please contact this office if you have any questions. Very truly yours, Bennett Orlowski, Jr./~-~ Chairman Encl. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 2ti, 1992: RESOLVED that the Town Board of the Town of Southold hereby approves the amount of $458,475.00 for a bond for roads and improvements in the major subdivision of Summit Estates, East Marion, all in accordance with the recommendation of the Southold Town Planning Board and Engineering Inspector James A. Richter. March 25, 1992 SOUTHOLDTOWN PLANNING BOARD JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MARCH 24, 1992: RESOLVED that the Town the amount of $458,475.00 major subdivision of Summit Estates, East Marion, recommendation of the Southold Town Planning Inspector James A. Richter. Board of the Town of Southold hereby approves for a bond for roads and improvements in the all in accordance with the Board and Engineering udith T. Tgrry ~ Southold Town Clerk March 25, 1992 SOUTHOLD TOWN PLANNING BOARD PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD March 17, 1992 SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Donna Geraghty Victorian Realty 11 West Main Street Riverhead, New York 11901 RE: Summit Estates SCTM9 1000-35-8-5.3 Dear Ms. Geraghty: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, March 16, 1992: BE IT RESOLVED to adopt the engineer's report dated February 21, 1992. BE IT RESOLVED to adopt the bond estimate dated February 21, 1992, and to recommend same to the Town Board. The bond estimate is in the amount of $458,475.00. with an administration fee in the amount of $27,508.00. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr~ /mS Chairman Encl.. Engineer's report Bond estimate RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOW~ OF SOUTHOLD JA~S A. RICHTER ENGINEERING INSPECTOR 765-3070 FEBRUARY 21, 1992 Mit. BENNETT ORLOWSKI, JR. CHAIRMAN - PLANNING BOARD TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 RE: SUMMIT ESTATES (MAJOR SUBDIVISION SHIPYARD LANE - EAST MARION SCTM # 1000 - 35 - 08 - 5.3 Dear Mr. Orlowski: As per your request, I have reviewed the final Maps and the Bond Estimate for the above referenced subdivision. My comments are as follows: A 15" Mountable Curb Detail is shown on the Drawings. The Typical Road Section indicates an 18" dimension for the Curb. This should be coordinated. 2. The Two Cul-de-Sacs shoqld have a minimum pavement radius of 44'. I have revised the Bond Estimate for this project and have enclosed a copy for your use. If you have any questions concerning this review or the Bond Estimate, please contact my office. cc: Raymond L. Jacobs file Sincerely,/~ ~. ames A. Richter, R.A. RAYMOND L. JACOBS SUPERINTENDENT OF HIGhVWAYS 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE FOR SUMMIT ESTATES EAST MARION SCTM # 1000-35-08-5.3 FEBRUARY 21, 1992 JAyMeS A. RICHTER ENGINEERING INSPECTOR 765-3070 .i ·. sOUTHOtO TOW~ ' PtAMNING ~0.~. ITeM ~UANTITY l. 4.5 ACRE 2. 9,150 S.Y. 3. 8,000 C.Y. 4. 2,000 C.Y- 5. 9,150 S.Y. 6. 10 EA. 7. 5EA. 8. iL, 650 L.F. 9. 250 L.F. 10. 2 EA. 11. 3,750 L.F. 12. 1,750 L.F. 13. 1,020 C.Y. 14. 1,270 TONS 15, 765 TONS 16. 300 S.Y. 17. ,." 740 L.F. 18.? 1 EA. 19. 137 EA. 20. 148 EA. 21. llL,300 S.Y. 22. 38 EA. 23. 10 EA. 24. 6 EA. 25. 1,750 L.F. 26. JOB DESCRIPTION CLEARING & GRUBBING $ 2,650.00 $ STRIPPING & STOCKPILING (TOPSOIL) 2.00 ~YCAVATION @ RECHARGE BASIN 2.00 UNCLASSIFIED EXCAVATION 6.00 FINE GRADING 0.50 DRAINAGE: CATCH BASINS 3,000.00 MANHOLES 3,000.00 18" ~ C.M.P. 30.00 24" ~ C.M.P. 35.00 CONCRETE HEADWALLS 1,600.00 CONCRETE CURBLNG (STRAIGHT) 6.50 CONCRETE CURBING (CURVED) 12.00 SURFACING: 3/4" STONE BLEND or CRUSHED CONCRETE 40.00 2~" ASPHALT BINDER COURSE 40.00 1½" ASPHALT WEARING COURSE 40.00 DRIVEWAY APRONS 25.00 VINYL CLAD CHAIN LINK FENCE 25.00 6! x 10' VINYL CLAD CHAIN LINK GATE 900.00 STREET TREES 200.00 SCREEN PLANTING (RECHARGE BASIN) 100.00 TOPSOIL & SEED 2.50 CONCRETE SURVEY MON~TS 100.00 STREET SIGNS 200.00 STREETLIGHT FIXTURE & ST~%NDARD 2,000.00 DIRECT BURL~L CABLE (AWG # 6) 2.00 PROTECTION & MAINTENJaNCE OF TRAFFIC UNIT PRICE * UNDREGROUND INSTALLATIONS NOT LNCLUBED I COST 11,925.00 18,300.00 16,000.00 12,000.00 4,575.00 30,000.00 15,000.00 49,500.00 8,750.00 3,200.00 24,375.00 21,000.00 40,800.00 50,800.00 30,6O0.00 7,500.00 18,500.00 900.00 27,400.00 14,800.00 28,250.00 3,800.00 2,000.00 12,000.00 3,500.00 3,000.00 SUB-TOTAL $ 458,475.00 + 6% ADMINISTRATION FEE $ 27,508.00 TOTAL $ 485,983.00 PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 17, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P,O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Judith T. Terry Southold Town Clerk Main Road Southold, New York 11971 RE: Summit Estates SCTM9 1000-35-8-5.3 Dear Mrs. Terry: The following resolution was adopted by the Southold Town Planning Board at the meeting held on Monday, March 16, 1992: BE IT RESOLVED to adopt a bond estimate dated February 21, 1992, and to recommend same to the Town Board. The bond estimate is in the amount of ($458,475.00), with an administration fee in the amount of $27,508.00. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr~ Chairman Encl. Bond Estimate RAYMOND L. JACOBS SUPERINTENDENT OF HIG1VWAYS 765-3140 OFFICE OF T~E ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE FOR SUI~MIT ESTATES EAST MARION SCTM # 1000-35-O8-5.3 FEBRUARY 21, 1992 J~MES A. RICHTER ENGINEERING INSPECTOR 765-3070 ITLM QUANTITY 1. 4.5 ACP~E 2. 9,150 S.Y. 3. 8,000 C.Y. 4. 2,000 C.Y. 5. 9,150 S.Y. 6. 10 F~. 7. 5 EA. 8. 1,650 L.F. 9. 25O L.F. i0. 2 EA. 11. :3,750 L.F. 12. 1,750 L.F. 13. 1,020 C.Y. 14. 1,270 TONS 15~ 765 TONS 16. 300 S.Y. 17. ." 740 L.F. 18.' 1 EA. 19. '137 EA. 20. 148 EA. 21. 1].,300 S.Y. 22. 38 EA. 23. 10 EA. 24. 6 EA. 25. 1,750 L.F. 26. JOB DESCRIPTION CLEARING & GRUBBING $ 2,650.00 STRIPPING & STOCILPILING (TOPSOIL) 2.00 ~XCAVATION @ tLECtbkRGE BASIN 2.00 UNCLASSIFIED EXCAVATION 6.00 PINE GRADING 0.50 D~iINAGE: CATCH BASINS 3,000.00 MANHOLES 3,000.00 18" ~ C.M.P. 30.00 24" 0 C.M.P. 35.00 CONCRETE HEADWALLS 1,600.00 CONCRETE CURBLNG (STRAIGHT) 6.50 CONCRETE CURBING (CURVED) 12.00 SURFACING: 3/4" STONE BLEND or CRUSHED CONCRETE 40.00 2½" ASPHALT BINDER COURSE 40.00 1½" ASPHALT WEARING COURSE 40.00 DRIV~4AY APRONS 25.00 VINYL CLAD CHAIN LINK FENCE 25.00 6' x 10' VINYL CLAD CHAIN LINK GATE 900.00 STREET TREES 200.00 SCREEN PLA~NTING (RECHARGE BASIN) 100.00 TOPSOIL & SEED 2.50 CONCRETE SURVEY MONUMENTS 100.00 STREET SIGNS 200.00 STREETLIGHT FIXTURE & ST,~NDARD 2,000.00 DIRECT BURIAL CABLE (AWG # 6) 2.00 PROTECTION & MAINTENA~NCE OF TRAFFIC UNIT PRICE * UNDREGROUND INSTALLATIONS NOT TNCLUDED ! COST $ 11,925.00 18,300.00 16,000.00 12,000.00 4,575.00 30,000.00 15,000.00 49,500.Q0 8,750.00 3,200.00 24,375.00 21,000.00 40,800.00 50,800.00 30,600.00 7,500.00 18,500.00 900.00 27,400.00 14,800.00 28,250.00 3,800.00 2,000.00 12,000.00 3,500.00 3,000.00 SUB-TOTAL $ 458,475.00 + 6% ADMINISTRATION FEE $ 27,508.00 TOTAL $ 485,983.00 PLANNING BOARD MEMBERS Bennetl Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD SCOFF L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 February 27, 1992 Donna J. Geraghty Victorian Realty 11 West Main Street Riverhead, New York 11901 RE: Major Subdivision Summit Estates East Marion SCTM# 1000-35-8-5.3 Dear Ms. Geraghty: I have enclosed a copy of the report and bond estimate from the Engineering Inspector. The bond estimate will be formally adopted at the Planning Board's March 16th public meeting. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman ~"Encl. RAYMOND L. JACOBS SUPERINTENDENT OF ~IGHWAYS 765-31.40 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JAMES A. RICHTER ENGINEERING INSPECTOR 765-3070 FEBRUARY 21, 1992 MR. BENNETT ORLOWSKI, JR. CHAIRMAN - PLANNING BOARD TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 RE: SUMMIT ESTATES (MAJOR SUBDIVISION) SHIPYARD LANE - EAST MARION SCTM # 1000 - 35 - 08 - 5.3 Dear Mr. Orlowski: As per your request, I have reviewed the final Maps and the Bond Estimate for the above referenced subdivision. My comments are as follows: A 15" Mountable Curb Detail is shown on the Drawings. The Typical Road Section indicates an 18" dimension for the Curb. This should be coordinated. 2. The Two Cul-de-Sacs should have a minimu~ pavement radius of 44'. I have revised the Bond Estimate for this project and have enclosed a copy for your use. If you have any questions concerning this review or the Bond Estimate, please contact my office. cc: Raymond L. Jacobs file Sincerely ~.~ a~mos ~. Richter, R.A. RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF T~E ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE FOR SUMMIT ESTATES EAST MARION SCTM # 1000-35-08-5.3 FEBRUARY 21, 1992 JAMES A. RICHTER E~GINEERrNG INSPECTOR 765-3070 PLANNING ITeM 1. 2. 3. 4. 5. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. · 18. 19. 20. 21. 22. 23.· 24. 25. 26. qUANTITY 4.5 ACRE 9:,150 S.Y. 8,000 C.Y. 2,000 C.Y. 9:,150 S.Y. 10 EA. 5 EA. 1,650 L.F. 250 L.F. 2EA. 3,750 L.F. 1,750 L.F. I,,020 C.Y. 1~,270 TONS 765 TONS 300 S.Y. 740 L.F. 1EA. 137 EA. 148 EA. 11,300 S.Y. 38 EA. 10 EA. 6EA. 1,750 L.F. JOB DESCRIPTION CLEARING & GRUBBING STRIPPING & STOCIIPILING (TOPSOIL F~XCAVATION @ RECHARGE BASIN UNCLASSIFIED EXCAVATION FINE GRADING DRAINAGE: CATCH BASINS MANHOLES 18" ~ C.M.P. 24" ~ C.M.P. CONCRETE HEADWALLS CONCRETE CURBI~NG (STRAIGHT) CONCRETE CURBING (CURVED) SURFACING: 3/4" STONE BLEND or CRUSHED CONCRETE 2~" ASPHALT BINDER COURSE 1½" ASPHALT WEARING COURSE DRIVEWAY APRONS VINYL CLAD CHAIN LINK FENCE 6' x. I0' VINYL CLAD CHAIN LINK GATE STREET TREES SCREEN PLANTING (RECHARGE BASIN) TOPSOIL & SEED CONCRETE SURVEY MONUMENTS STREET SIGNS STREETLIGHT FIXTURE & STANDARD DIRECT BURIAL CABLE (AWG ~! 6) PROTECTION & MAINTENANCE OF TRAFFIC UNIT PRICE COST $ 2,650.00 $ 11,925.00 2.00 18,300.00 2.00 16,000.00 6.00 12,000.00 0.50 4,575.00 3,000.00 30,000.00 3,000.00 15,000.00 30.00 49,500.00 35.00 8,750.00 1,600.00 3,200.00 6.50 24,375.00 12.00 21,000.00 40.00 40,800.00 40.00 50,800.00 40.00 30,600.00 25.00 7,500.00 25.00 18,500.00 900.00 900.00 200.00 27,400.00 100.00 14,800.00 2.50 28,250.00 100.00 3,800.00 200.00 2,000.00 2,000.00 12,000.00 2.00 3,500.00 3,000.00 * UNDREGROUND INSTALLATIONS NOT INCLUDED SUB-TOTAL $ 458,475.00 + 6% ADMINISTRATION FEE $ 27,508.00 TOTAL $ 485,983.00 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr, Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (:516) 765-1938 .PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Sou~hold. New York 11971 Fax (5t6) 765-1823 February 25, 1992 Donna Geraghty Victorian Realty 11 West Main Street Riverhead, New York 11901 RE: Major Subdivision Sun, nit Estates SCTM~ 1000-35-8-5.3 Dear Ms. Geraghty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, February 24, 1992. BE IT RESOLVED that the Southold Town Planning Board grant a six month extension of preliminary approval from February 25 1992 to August 25, 1992. ' Please note that this is the last extension that the Planning Board will be granting for the subdivision as a whole. Further extensions for the individual sections will be reviewed, upon your request, on a case by case basis. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orl0wski, Jr .//-'tn'.5 Chairman PLANNING BOARD MEMBERS Bennett Orlowski. Jr.. Chairman George Ritchie Lathara. Jr. Richara[ G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 February 20, 1992 Donna J. Geraghty Victorian Realty 11 West Main Street Riverhead, New York 11901 RE: Summitt Estates East Marion SCTM9 1000-35-8-5.3 Dear Ms. Geraghty: The Planning Board has reviewed your request to proceed with the above mentioned subdivision in three sections. The Board is in favor of the design with the following sections: Section I: Lots 18-27 inclusive. Section II: Lots 11-17 inclusive, Lots 28-30 inclusive, Lots 33-35 inclusive. Section III: Lots 1-10 inclusive, Lots 31-32 inclusive. The recharge basin must be included in Section I. Ail sections must be connected to the recharge basin in a manner acceptable to the Engineering Inspector. The draft Homeowners Association has been reviewed by the Town Attorney. He has found the document acceptable with the exception of the following revision which should be added: The document states that the roadway will be offered for dedication to the Town. However, it does not indicate whether the drainage (recharge basin) will be included with this roadway dedication. The document must be amended to state that all drainage facilities and basins will be part of any roadway dedication. The Board will be requiring that the Homeowners Association (with the revision mentioned above) be filed with the Attorney G~neral of the State of New York prior to any endorsement of Section I of the subdivision map. The final road and drainage maps and the draft bond estimate have been forwarded to the Engineerinq Inspector for his review. You will be notified should any changes be required. The Planning draft: draft covenants and restrictions have been ~eviewed by Staff. The following revisions must be made to the The first paragraph beginning with "Whereas..." must be reworded to reflect the fact that the Declaration of Covenants and Restrictions will be filed before the map of Su~mmit Estates is filed in the office of the County Clerk. It is not necessary to include Number 8 or Number 10 in the context of the document. The following additional covenants and restrictions must be added to the declaration: The following terms shall apply to the Open Space parcels A, B and C and the Park and Recreation parcel D: a) These areas shall be owned by the Homeowners Association for Summit Estates. b) These areas shall remain in their natural state and/or be landscaped. Maintenance of the natural vegetation and/or landscape shall be the only use or activity allowed, other than passive recreation. c) No structure or building shall be placed within these areas. The terms "structure" and "building" shall be interpreted as including, but not limited to, swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement of fences. The drainage pond located on Lots 14 and 15 of the final subdivision map, is to be left intact in perpetuity, and there is to be no lot or road drainage into such pond. This area shall not be filled or regraded. The 9' wide strip of land parallel to Main Road (N.Y. State Rte. 25), as shown on the final subdivision map is to be offered for dedication to New York State by the Homeowners Association for future highway purposes. The Board will schedule the final public hearing for Seotion I of the subdivision when the following items have been fulfilled: Final maps for Section I containing a valid stamp of Health Department approval are submitted. 2. The final water contract for Section I is submitted. The revised draft Declaration of Covenants and Restrictions is submitted. The draft must also be approved by both the Planning Board and the Town Attorney. The Engineering Inspector has completed his review of the final maps, and the draft bond estimate has been accepted by the Planning Board. In addition, the Board will be reviewing your request for a second preliminary extension at their February 24th public meeting. Please contact this office if you have any questions re,larding the above. Very truly yours, Bennett Orlowski, Jrt- ~$ Chairman cc: James Monsell, Superintendent of Utilities RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF TME ENGINEER TOWN OF SOUTHOLD JAMES A. RICHTER ENGINEERING INSPECTOR 765-3070 FEBRUARY 21, 1992 Mit. BENNETT ORLOWSKI, JR. CHAIRMAN - PLANNING BOARD TOWN HALL, 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971 RE: SUMMIT ESTATES (MAJOR SUBDIVISION) SHIPYARD LANE EAST MARION SCTM # 1000 - 35 - 08 - 5.3 Dear Mr. Orlowski: As per your request, I have reviewed the final Maps and the Bond Estimate for the above referenced subdivision. My comments are as follows: A 15" Mountable Curb Detail is shown on the Drawings. The Typical Road Section indicates an 18" dimension for the Curb. This should be coordinated. 2. The Two Cul-de-Sacs should have a minimum pavement radius of 44'. I have revised the Bond Estimate for this project and have enclosed a copy for your use. If you have any questions concerning this review or the Bond Estimate, please contact my office. cc: Raymond L. Jacobs file Sincerely,/~ ~. ames A. Richter, R.A. RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF T~E ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE FOR SUMM. IT ESTATES EAST MARION SCTM # 1000-35-08-5.3 FEBRUARY 21, 1992 JAMES A. RICHTER ENGINEERING INSPECTOR 765-3070 ITEM 1. 2. 3. 4. 5. 7. 8. 9. 13. 14. 15~ 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. .QUANTITY 4.5 ACRE 9,150 S.Y. 8,000 C.Y. 2,000 C.Y. 9,150 S.Y. 10 EA. 5EA. 1,650 L.F. 250 L.F. 2EA. 3,750 L.F. 1,750 L.F. 1,020 C.Y. 1,270 TONS 765 TONS 300 S.Y. 740 L.F. 1 EA. I37 EA. ].48 EA. 11,300 S.Y. 38 EA. 10 EA. 6EA. 1,750 L.F. JOB DESCRIPTION CLEARING & GRUBBING $ 2,650.00 STRIPPING & STOCKPILING (TOPSOIL) 2.00 EXCAVATION @ RECHARGE BASIN 2.00 UNCLASSIFIED EXCAVATION 6.00 FINE GRADING 0.50 DRAINAGE: CATCH BASINS 3,000.00 MANHOLES 3,000.00 18" ~ C.M.P. 30.00 24" ~ C.M.P. 35.00 CONCRETE HEAl)WALLS 1,600.00 CONCRETE CURBING (STRAIGHT) 6.50 CONCRETE CURBING (CURVED) 12.00 SURFACING: 3/4" STONE BLEND or CRUSHED CONCRETE 40.00 2½" ASPHALT BINDER COURSE 40.00 1½" ASPHALT WEARING COURSE 40.00 DRIVEWAY APRONS 25.00 VINYL CLAD CHAIN LINK FENCE 25.00 6' x l0' VINYL CLAD CHAIN LINK GATE 900.00 STREET TREES 200.00 SCREEN PLANTING (RECHARGE BASIN) 100.00 TOPSOIL & SEED 2.50 CONCRETE SURVEY MONUMENTS 100.00 STREET SIGNS 200.00 STREETLIGHT FIXTURE & STANDARD 2,000.00 DIRECT BURIAL CABLE (AWG # 6) 2.00 PROTECTION & MAINTENANCE OF TRAFFIC - UNIT PRICE * UNDREGROUND INSTALLATIONS NOT INCLUDED' I COST $ 11,925.00 18,300.00 16,000.00 12,000.00 4,575.00 30,000.00 15,000.00 49,500.00 8,750.00 3,200.00 24,375.00 21,000.00 40,800.00 50,800.00 30,600.00 7,500.00 18,500.00 900.00 27,400.00 14,800.00 28,250.00 3,800.00 2,000.00 12,000.00 3,500.00 3,000.00 SUB-TOTAL $ 458,475.00 + 6% ADMINISTRATION FEE $ 27,508.00 TOTAL $ 485,983.00 PLANNING BOARD MEMBERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham. Jr, Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'l~f L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 February 20, 1992 Donna J. Geraghty Victorian Realty 11 West Main Street Riverhead, New York 11901 RE: Summitt Estates East Marion SCTM# 1000-35-8-5.3 Dear Ms. Geraghty: The Planning Board has reviewed your request to proceed with the above mentioned subdivision in three sections. The Board is in favor of the design with the following sections: Section I: Lots 18-27 inclusive. Section II: Lots 11-17 inclusive, Lots 28-30 inclusive, Lots 33-35 inclusive. Section III: Lots 1-10 inclusive, Lots 31-32 inclusive. The recharge basin must be included in Section I. Ail sections must be connected to the recharge basin in a manner acceptable to the Engineering Inspector. The draft Homeowners Association has been reviewed by the Town Attorney. He has found the document acceptable with the exception of the following revision which should be added: The document states that the roadway will be offered for dedication to the Town. However, it does not indicate whether the drainage (recharge basin) will be included with this roadway dedication. The document must be amended to state that all drainage facilities and basins will be part of any roadway dedication. The Board will be requiring that the Homeowners Association (with the revision mentioned above) be filed with the Attorney General of the State of New York prior to any endorsement of Section I of the subdivision map. The final road and drainage maps and the draft bond estimate have been forwarded to the Engineering Inspector for his review. You will be notified should any changes be required. The Planning draft: draft covenants and restrictions have been 'reviewed by Staff. The following revisions must be made to the The first paragraph beginning with "Whereas..." must be reworded to reflect the fact that the Declaration of Covenants and Restrictions will be filed before the map of Summit Estates is filed in the office of the County Clerk. It is not necessary to include Number $ or Number 10 in the context of the document. The following additional covenants and restrictions must be added to the declaration: The following terms shall apply to the Open Space parcels A, B and C and the Park and Recreation parcel D: a) These areas shall be owned by the Homeowners Association for Sun,nit Estates. b) These areas shall remain in their natural state and/or be landscaped. Maintenance of the natural vegetation and/or landscape shall be the only use or activity allowed, other than passive recreation. c) No structure or building shall be placed within these areas. The terms "structure" and "building" shall be interpreted as including, but not limited to, swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement of fences. The drainage pond located on Lots 14 and 15 of the final subdivision map, is to be left intact in perpetuity, and there is to be no lot or road drainage into such pond. This area shall not be filled or regraded. The 9' wide strip of land parallel to Main Road (N.Y. State Rte. 25), as shown on the final subdivision map is to be offered for dedication to New York State by the Homeowners Association for future highway purposes. The Board will schedule the final public hearing for Section I of the subdivision when the following items have been fulfilled: Final maps for Section I containing a valid stamp of Health Department approval are submitted. 2. The final water contract for Section I is submitted. The revised draft Declaration of Covenants and Restrictions is submitted. The draft must also be approved by both the Planning Board and the Town Attorney. The Engineering Inspector has completed his review of the final maps, and the draft bond estimate has been accepted by the Planning Board. In addition, the Board will be reviewing your request for a second preliminary extension at their February 24th public meeting. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr~ ~$ Chairman HARVEY A. ARNOFF Town Attorney MA'I~rHEW G. KIERNAN Assistant Town Allorney TO: FROM: DATE: RE: OFFICE OF THE TOWN ATTORNEY TOWN OF $OUTHOLD Bennett Orlowskl. Jr.. Chairman,~oard Harvey A. A rnoff. Town Atto~./~~ February 12, 1992 Summit Estates Draft Homeowners Association SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Please be advised that I have reviewed the documents with regard to the above-referenced matter and find same to be acceptable, However. I agree that the proposed changes in your memorandum of February 11. 1992. should be in some manner incorporated in same. DE,CEARA'.['[OB OF SOUTNOLD TOWN ' PLANNING BOARD PROTECTIVE c~DVENANTS AND RESTRICTIONS SU~MIT ESTATES DECLARATION made th~.~ day of , 1992, by G[3DHAR REASTY CORP., a domes'tic cOrpora%ion having its principal place of business at L3-O? 8?th Avenue, Lon~ Island City, New York !llOl, hereinafter called the Declarant. WHEREAS, the Declarant is the owner in fee s!~nple of the followir~ described premise~: ALL that dertain plot, piece or parcel of land in the To~l of Southold, County of Suffolk, State of N~w~ Yo~k, known and designated as Lot Nos. 1 thro~.£/~ 35 on a certain map entitled "Map of Summit Estates at East Marion, To~uu cf Southold, S~ffelk County, N.Y." filed in the office of the Cl~rk of the County of Suffolk on the day of , as Map No. WHEREAS, the Dec!.arar~t desires to make this Declaration ~=ettin~ forth reservations, restrictions, covenants, conditions and agreements, subject %o which the property shown on said map is now he~d and shall be sold and conveyed. NOW, THEREFORE, the aforedescribed premises shall be subject to the following co?enants and restrictions which shall ~un with the land: 1. No lot shall be sub{~ivided or its lot lines chaoEed in any manner at any future date unless authorized by the Town of Southold Plannir~g BcarcL 2. Due to the minimumS, lot area z'equirement of the zoning classification of this property bein~ considerably tess than the area of Lot No. 3, this lot shall be made subject to a covenant '~hat ~Will prohibit its future subdivis ioru ' 3. The fence which ex~ende into Open Space Parcel"C" is to be removed, as are th~ structures which are shown in that area. 4. All stormwater run6ff resul~n~g from the development and imp:ovement of this sub~ivision or any of its lots shall be retained on the si~e and shall not flow out onto Main Road (State Road 25) or into the ~tate recharge basin. 5_ No residential structure or o~her me jot structure shall be located w~thin J.O0 feet of the mean high Water line on Gardiner~s 8ay. ~l~ 6, No sanitary dispersal fac~,~ty shall be or in~talled within !O0 fs~t of the m~an hi~ ar~lner s 7. No stormwat~r r~off shall be discharged d~ec~ly in~c ~ardiner~s Bay ~ ~y maker. 8. ~e P]~in~ Boa~ w~ll be requir~g that a draft H°mec~er~s Association be submitted ~o~ review by the To~ Attorney. ~is doc~ent must be filed prior ~o endorsement of the map by %he PI~ Board 9~ ~ese covenants ~d restrictions c~ be modified onl~ at the request of the 'then o~er of the p~emises with %he approval of a majority p!u~ one of the PI~ Bo~d of the To~ of Southold afte~ a public hea~. A~oin~g property o~ers shall be entitl~d to not%ce of such public hearing but their consent to such .~odi~cation shall not be required. 10. ~e final map shall bear the follow~ note: A Dec~a~aticn of Covenar'ts ~d Restrictions bas ~en filed in the e - ouffo~ County C!e~.'k's Office which affects lo~s ~ this subdivision and that tke Li~er and Pa~e number of the filed doc~ent ~ust be included ~ the f~al map. IN WITNESS WHERE~F, ~he Declarant has duly executed this Declaration the day an~l year first above w~-itten. iGUSM~R REAL/%' CORP. ~By_ STATE OF NEW YORK: : se. COUNTY OF SUFFOLK: On this day of , 1992, before me perscnally came , to me known, who, being by me duly sworn, did depo:~e a~ say that he resides a~ , ;: that he is the of GUSMAR REALTY CORP., t}~.e co~poration described in, and which executed the foregoing ;-nst.rmUnent; that he knows the seal of said corporation; that the sgal affixed to said instrument is such corporate seal; th,:~t it.was so affixed by order, of the board of directors of said"corporaticn, and that he signed his naul]e thereto by like ~rder. Notary Public PLANNING BOARD MEMBERS Bennett Orlowski. Jr., Chairman George Ritchie Latham, Jr, Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SLX)TI' L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 February 14, 1992 William F. Barton Chief, Project Review Bureau Division of Coastal Resources and Waterfront Revitalization State of New York Department of State Albany, New York 12231-0001 RE: Major Subdivision for Summit Estates East Marion, Southold SCTM# 1000-35-8-5.3 Army Corps 991-0925-L2 F-91-542 Peter Fakiris/Gusmar Realty Dear Mr. Barton: The Planning Board is reviewing a subdivision application for the above mentioned site. I have enclosed a copy of the map for your information. The application is in the final stages of the subdivision review process. The proposal is for 35 single family building lots and several parcels of open space. The southern-most section of this property is slated to be the Park and Recreation Area for the subdivision. This Park and Recreation Area, in addition to the other Open Space parcels, is to be owned by a Homeowners Association. The Homeowners Association will be formed prior to any subdivision approval. There is one existing dwelling on the property. This dwelling is owned by Mr. Fakiris, who is also the applicant for the subdivision. The existing dwelling will be located on Lot 3 of the proposed subdivision. The Board would like to bring the above mentioned information to your attention, as you are reviewing an Summit Estates (Fakiris/Gusmar' February 14, 1992 Page 2 application for a dock extension for Mr. Fakiris. Although he currently owns the entire parcel, at such time that the subdivision is approved, the parcel upon which the dock is located will be owned by the Summit Estates Homeowners Association. Please contact Melissa Spiro at this office if you have any questions regarding the above, or require any additional information. Very truly yours, Bennett Orlowski, Jr. Chairman Enc 1. cc: Judith T. Terry, Town Clerk co . *A Full ~%r~tce Realty February 6, 1992 Southold Town Planning Board Town o£ ~outhold 530'95 Main Road P.O. Box 1179 ~outhold, NY 11971 RE: Summit Estates SCTM ~*1000-35-8-5.3 Dear Plannin~ Board Members: The, purpose of this letter is to respectfully request your consideration of an additional six month extension for the above referenced suk~ivisiorh Please feel free to contact me should you have any questions pertaining to this request. Thank you for your anticipated cooperation. Very truly yours, Dorma Oera~hty 11 WEST MAIN STREET · RIVERHEAD, NY 11901 · TELEPHONE: (516) 369-8,515 · FAX: (516) 727-3707 Donna Geraghty Victorian Realty Corp. 11 West Main Street Riverhead, N.Y. 11901 Re: SUMMIT ESTATE WATER CONTRACT EAST MARION, N.Y. Dear Ms. Geraghty: To confirm the Village BoardM in~ention and discussion of February 6, 1992, we will have a m~tion on the agenda week to proceed with a proposed ~ate~ contract between Summit Estate - Section I. I The understanding is that Sectibn I will consist of 10 (ten) lots to be supplied with village water, upon payment of the ,ipfront fees in effect at the tim~ of the agreement. Very lruly yours, Mayor WRP:lmc PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOT'f L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York I 1971 Fax (516) 765-1823 James Richter, Road Inspector Highway Department Peconic Lane Peconic, New York 11958 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: Tax Map No.: Street Location: Hamlet Location: lOOO- Ss.- Type of Application: Sketch Subdivision Map (Dated / / Preliminary Subdivision Map (Dated / / Final Subdivision Map (Dated / / ) Road Profiles (Dated ~ ~ /Z / Q[ ) Gradin~ and Drainage Plans (Dated / ) Other (Dated / / ) Sketch Site Plan (Dated / / ) Preliminary Site Plan (Dated / / ) Gradin~ and ~rainage Plans (Dated' / / ) ~ Other '~r~.c~,a~~ (Dated ~ / ~9 /~1 ) Comments,: '~/~ Contact Person: February 19, 1991 CONSTRUCTION COST ESTIMATE Summit Estates at East Marion, T/O Southold Suffolk County, New York Item Description Clearing & Grubbing Excav., Backfill & Grading - Roads Recharge Basin Fine Grading 4" Asphalt Pavement 4" Stone Blend or Conc. Blend Concrete Curb 18" Dia. CMP 24" Dia. CMP Concrete Headwall Catch Basins Manholes Driveway Aprons Topsoil & Seed Conc. Monuments Street Lights Street Trees Otv & Unit 4.3 Acres 9600 C.Y. 8600 C.Y. 8400 S.Y.. 1990 Tons Unit Price $2,000.00 Total $ 8,600.00 2.50 24,000.00 2.00 17,200.00 1.50 12,600.00 60.00 119,400.00 930 C.Y. 40.00 37,200.00 5750 L.F. 10.00 57,500.00 1451 L.F. 20.00 29,020.00 250 L.F. 25.00 6,250.00 2 Each 2,000.00 4,000.00 8 Each 1,500.00 12,000.00 5 Each 1,500.00 7,500.00 291 S.Y. 25.00 7,275.00 11240 S.Y. 2.50 28,100.00 38 Each 100.00 3,800.00 4 Each 1,500.00 6,000.00 105 Each 200.00 21,000.00 * Underground Utilities Not Included Total $401,445.00 SI'~Y B. BO'~E & SON December 18, 1990 Mr. Bennett Orlowski, Jr., Chairman Planning Board Town of Southold 53095 Main Road Southold, NY 11971 Re: Summit Estates at East Marion S.C.T.M, No. 1000-35-8-5.3 SBB No. 87662 Dear Mr. Orlowski: We have reviewed the most recent grading and drainage plan for the above referenced subdivision (dated 10-26-90), and we find it to be in conformance with Town requirements. We note that the plan indicates a 28 foot road width. Is this required under the current Town code? Very truly yours, VM:ls 45 Manor Road · Smithtown, NewYork 11787 · (516) 724-0611 235 East Jericho Tumplke · P.O. Boxl09 · Mineola, NewYork 11501 · (516) 746-2350 Public Notice US Army Cofp~ of Engineers In replying refer Io: New York Disfr~ct 26 Federal Pllza Public Notice No. 1h52)~-9[-925-L2 New York, N.Y, 10278 AT~.: Regulatory Branch Published: 10 DEC 91 Expires: 9 J/LN 92 To Whom It May Concern: The New York District, Corps of Engineers has received an application for a Department of the Army permit pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). APPLICANT: Peter Fakiris 13-07 37th Avenue Long Island City, New York 11572 ACTIVITY: Extend existing pier WATERWAY: Gardiners Bay LOCATION: East Marion, Town of Southold, Suffolk County, New York A detailed description and plans of the applicant's activity are enclosed to assist in your review. The decision whether to issue a permit will be based on an evaluation of the probable impact, including cumulative impacts, of the activity on the public interest. That decision will reflect the national concern for bot~ protection and utilization of important resources. The benefits which reasonably may be expected to accrue from the activity must be balanced a~ainst its reasonably foreseeable detriments. All factors which may be relevant to the activity will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food production and, in general, the needs and welfare of the people. The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. ~L o ~~3~ ~ ~ , ~ H ~ at there are no se presumed ~ctions to the activity. . st {n writing, befor~ this p~lic notice expires, on ma rede , t lnfo~ation necessa~ to ers Y lleC , · - ~h 1 ~tate, ~Y-P =~=- ~arln~ be held to c~ _ --~-c hearlng~ consider.~ . ~- eh. reasons why a ~u~l ...... ~1 is considered s~uld be noted than ~n~u~%-~..~.,on process an~ uea~ ~t ' the e~x~ u .... 1 3ust as carefully 19 =~ ~+ ~ ~ublic hearing. weight as that zurnlsn~u ~ ~ ~ n ered Species Act {16 U.S.C. 1531) nt to Section 7 of ~he Enda g blished version Pursua ---~ ~z the latest ~ and based P . _. --~ ~n.cies listing, P threatened an~ng~g~w-~nsideration will nou listed or their critical Based upon a review of the latest published version of the National no known sites eligible ~or, or · ~ ,~-~'c Places, there are =~ are . Presently unknown Register o~ ~fT~-~x.~.~ within the ~e~u -r:a~__~ data may De included in, ~ne ~lii~c Urehistorlual or nlsuu~ archaeological, scl=nu~- , lost by work accomplished under the required pe~it. Reviews of activities pursuant to section 404 of the Clean Water Act 'nes promulgated by the ~]~ ~nzlude application of th~_~u{~i~tio~ Aqency, unde~ Adminls~ra~u~, --- - - ~=eer Act an~ ~n~ · , . 'ver from the appropriate.state agency Section 404(b) o~ the clea, water ~ali%y certlflcg~e o~a~ the Clean Water Act prior to a permit decision- tal Zone Management Act of 1972 - -~ +~ ~ tion 307(c) of th~ CoaS=:_z~4.= nder consideratiop~that as ame [ .=~.- ~-~ ..-oastal zone of a _ ~=-~--~ has certified are located ...... o~t ~ro~ra~, t~ PP. .~ and will be 9pPruv=u ~"V~ ---~ication that the acux~=~- [~ a~roved state in the pe~l- =F~i_~ that is consistent wl=n, conducted in a ~em*~ ' B this public notice, we 9re the .... ~ne anaqement program. Y~= ~h4,c ion to, or walVe~.of c°as~t~-t~ state's concurrence ~tu~_7~2,twill be made unt~l_o~e au~icant's cert!ilcau~uu% "~-~ivities within the coastal zu,,= ~ . o~'these actions occur, for ~ .... lic~nt,~ certificatign and accompanying ~nfo~atlOn York state, th~ ~PP --- r New Yor~ State is available from the Consistency coordinator, ~partment of State, Division of Coastal Resources and Waterfront vitalization, Coastal Zone Management Program, 162 Washington Avenue, Re ' - -E-k 12231, Telephone (518) 474-3642. co~entS regarding Albany, New the applicant s certification should be so addressed. ' ion to any re~ired water ~alit~ certificate and coastal zone t ...... t has obtained or re~ested In addl ....... ~oncurrence, =ne app~%u~ .._~ ~onSideration: managemenu P~u~T_~.~ons for the actlwluy the following New York State Department of Environmental Conse~ation Tidal Wetlands pe~it Town of Southold Trustees Pe~it It is r~quested that you communicate the foregoing information concernin~ the activity to any persons known by you to be interested and who did not receive a copy of this notice. If you have any questions concerning this application, you may contact this office at (212) 264-6730 and ask for Mr. Roberto Barbosa. FOR THE DISTRICT ENGINEER: Enclosures 1. Work Description 2. Project Drawings CENAN-OP-RE APPLICATION NUMBER 91-0925-L2 PUBLIC NOTfCE NUMBER ~o~ D~ SCRZ FI'I_~{ The applicant, Peter Fakiris, has requested Department of the Army authorization to extend an existing pier in Gardiners Bay, at East Marion, Town of Southold, Suffolk County, New York. The applicant proposes to extend an existing pier 4 feet wide by 270 feet long with a 6 foot by 80 foot section at its end on a "T" shape by adding a 4 foot wide by 100 foot long section and placing another 6 foot by 80 foot section at its end on a" T" shape. Ail proposed work would be performed as shown in the attached drawings. The stated purpose for the project is to create additional mooring space for the applicant. Existing 4'x270' fixed dock 6'X: 80~ 4*xlO0' dock tion with 2576.SounclAvenue, ac~flr~ Hollow. N,y. 11933 (516) 727-2400 · FAX (516) 41,,.I GAR. DI~ E~,'b 13Ay I.I '::? '.' GAlL S. SHAFFER SECRETARY OF STATE STATE Of NEW YORK DEPARTMENT Of STATE ALBANY, N.Y. 12231 -O001 J~mvy28, 1992 ~o T~ ~ r~nd Use 2576 Sound Ave~lue Baiti~ Hollow, NY 11933 F-91~ ~.s. AEny Ox, ps of n-~.',,--~,/mn, York ~ Pelmit Ail)lh:atif:m .~91-(B25-I~ pet:or l'akiria/~mr nnn.tty M~ p~ if a decisi~ has not been is~ within three months followi~ ~,,,,--~ of our ccF~istency review. We cat, lot c~*~-jlete our collsiste~ review for th/s p~uject urfcil we cc~,~ ~ ~l~is of ~,~ttt~d inf~ati~ and ~= ~d~ti~ with the U.S. Army O~s of ~i~. A c~ of this letter has been se~t to the Coz-~ of ~z3/neers. Please call F~habir Persaud at (518) 474-3642 if you have any William F. Barton Cb/ef, Project Review Bureau Divisic~ of Coastal Resouroes (DE/NY District - Robex-to Barbo~a NYS DEC/Re~ic~ 1 - (~lristir~ Co~copoo~o~ Town of Scuth~ld - Valerie Scopaz SENDER: SUBJECT: SCTM#: COM~ENTs: SUBMISSION WITHOUT COVER LETTER REA~TOR® CORP. Full Service Realty Southold Town Planning Board M ' aln Road Southold, New York 11971 December 18, 1991 Re: Summit Estates, East Marion, New York Dear ME. Millissa, i, AS per our phone conversation of December 18, 1991, I would like to make a request as to developing Summit Estates into three sections. I do not have a problem with bonding the roads, but I am hoping for some relief in payments the the water contract with Greenport Village. Please advise me as to how I should go about this. Donna Geraghty ~ DG/daf 11 WEST MAIN STREET · RIVERHEAD, NY 11901 · TELEPHONE: (516) 369-8515 · FAX: {516) 727-3707 February 19, 1991 CONSTRUCTION COST ESTIMATE Summit Estates at East Marion, T/O Southold Suffolk County, New York Item ~ Clearing & Grubbing Excav., Backfill & Grading - Roads Recharge Basin Fine Grading 4" Asphalt Pavement 4" Stone Blend or Conc. Blend Concrete Curb 18" Dia.. CMP 24" Dia.. CMP Concrete Headwall Catch Basins Manholes Driveway Aprons Topsoil & Seed Conc. Monuments Street Lights Street Trees ~ ~ Total 4.3 Acres $2,000.00 $ 8,600.00 9600 C.Y. 2.50 24,000.00 8600 C.Y. 2.00 17,200.00 8400 S.Y. 1.50 12,600.00 1990 Tons 60.00 119,400.00 930 C.Y. 40.00 37,200.00 5750 L.F. 10.00 57,500.00 1451 L.F. 20.00 29,020.00 250 L.F. 25.00 6,250.00 2 Each 2,000.00 4,000.00 8 Each 1,500.00 12,000.00 5 Each 1,500.00 7,500.00 291 S.¥. 25.00 7,275.00 11240 S.Y. 2.50 28,100.00 38 Each 100.00 3,800.00 4 Each 1,500.00 6,000.00 105 Each 200.00 21,000.00 * Underground Utilities Not Included Total $401,445.00 }{OBERT ABRAMS Attorney General Assistant Attorney General in Charge Real Estate F~nanc:ing Bureau Gusmar Realty Corp. cio Certilman Balin Adler & Hyman Attn: lira J. Adler 90 Merrick Avenue East Meadow, NY 11554 RE: S~nit Estates Homeowners File Number: H910072 Filing Fee: $ 0.00 Acceptance Date: 12/11/91 STATE OF NEW YORK DEPARTMENT OF LAW 120 BaoaD'~'aY NEw Yogi;. NY 10271 (212) 341-2131 PLANN NG BOA ,, Amount offering: $ 28,800.00 Receipt Number: 984122381 Dear Sponsor: The offering literature submitted for the subject premises is hereby accepted and filed. Unless extended by duly filed amendment, the effectiveness of the filing shall expire twelve months from this date. All advertising and solicitation material must he consistent with the contents of the filed offer lng literature. Any material change of facts or circumstances affecting the property or the offering-requires an immediate amendment. Any misstatement or concealment of material fact in the literature filed renders this filing void ab initio. This office has relied on the truth of the certification of sponsor, sponsor's principals and sponsor's experts, as well as the transmittal letter of sponsor's attorney. The .issuance of this letter is conditioned upon the faithful perfor- mance of all of the obligations of the sponsor, its agents and instrumentali- ties, which are required by law or set forth in the offering literature. If there is a failure or neglect to perform any such obligations when required, the effectiveness of this letter shall be suspended, and all offering and sales shall cease, pending further action by this office. Issuance of this letter is further conditioned on the collection of all fees imposed by law. This letter is your receipt for the above filing fee. The filing of the offering literature shall not in any way be con- strued as approval of the contents or terms thereof by the Attorney General of the State of New York. Nor does it waive or l{m{t the Attorney General's authority to take enforcement action for violation of Article 23-A of the General Business Law or other applicable provisions of law. LORETTA SIMON ASSISTANT ATTORNEY GENERAL ~_. THIS OFFERING PLAN RELATES SOLELY TO 'MEMBERSHIP IN THE BUMMIT ESTATES HOME OWNERS ASSOCIATION, INC. AND TO THE DECLARATION OF COvK~ANTS AND RESTRICTIONS APPLICABLE TO ALL 34 LOTS SOLD AT SUMMIT ESTATES Shipyard Lane East Marion, Town of Southold Suffolk County, New York APPROXIMATE AMOUNT OF OFFERING - $28,800 (Cost of Common Properties and Facilities Included in the Purchase Price of the Homes) SPONSOR GUSMAR REALTY CORP. 13-07 37th Avenue Long Island City, New York 11101 SELLING AGENT VICTORIAN REALTY CORP. 110 Front Street Greenport, New York 11944 BPONBOR~B ATTORNEY CERTILMAN BALIN ADLER & HYMAN The Financial Center at Mitchel Field 90 Merrick Avenue East Meadow, New York 11554 DATE OF THE OFFERING PLAN: DECEMBER 11, 1991 THIS PLAN MAy NOT BE USED AFTER DECEMBER 10, 1992 UNLESS EXTENDED BY AMENDMENT. SEE PAGE (iii) FOR SPECIAL RISKS TO PURCHASERS. THIS OFFERING PLAN IS THE SPONSOR'S ENTIRE OFFER TO SELL MEMBERSHIP INTERESTs IN THE HOME OWNERS ASSOCIATION. NEW YORE LAW REQUIRES THE SPONSOR TO DISCLOSE ALL MATERIAL INFORMATION IN THIS PLAN AND TO FILE THIS PLAN WITH THE NEW YORK STATE DEPARTMEN~ OF LAW PRIOR TO SELI~NG OR OFFERING TO SELL ANY MEMBERSHIP INTERESTS. FILING WITH THE~DEPARTMENT OF LAW DOES HOT MEAN THAT THE DEPARTMENT OR ANY OTHER GOVERNMENT AGENCY APPROVED THIS OFFERING. BUI4HIT 'ESTATES EOHE OWNERS ~%SBOCIATION~ ~NC. 'TABLE OF CONTENTS SPECIAL RISKS OF THIS OFFERING ............................ INTRODUCTI ON .............................................. PROJECTED BUDGET FOR THE FIRST YEAR OF OPERATION OF THE HOME OWNERS ASSOCIATION ............. OPINIONS OF COUNSEL ....................................... DESCRIPTION OF COMMON AREAS AND FACILITIES TO BE OWNED.OR INTAINED EY THE O ERS ASSOCIATION. 1. Slte ........................................... 2. Roadways. 4. Utilities ........................ ~ .................. 5. Site Lighting. 6. Sewage ........ [~[[~[[[[[~[~[~[~[[[[[~ 5'. Refuse Removal ...................................... 8. Landscaping ......................................... 9. Recreational Facilities ............................. THE ASSOCIATION ........................................... A. Declaration of Covenants, Restrictions, Easements, Charges and Liens ................... - ..... B. Management and Operation of the Association ......... Cl. Control by Sponsor .................................. D. Expenses of Operating the Association ............... E. Membership and Voting Rights in the Association ..... LOCAL GOVERNMENT APPROVAL ................................. OBLIGATIONS OF SPONSOR .................................... PROCEDURE TO PURCHASE ..................................... TRUST FUND PROVISIONS ..................................... MANAGEMENT SERVICES IDENTITY OF PARTIES REPORTs TO MEMBERS .................... [ ............ .% ...... DOCUMENTs ON FILE ......................................... GENERAL ................................................... Page (iii) 1 4 6 9 9 9 10 10 10 10 10 10 10 11 11 12 12 13 14 15 15 17 17 18 18 19 19 2O i EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBITS DECLARATION OF COVENANTS, RESTRICTIONS, EASEMENTS, CHARGES AND LIENS ................ CERTIFICATE OF INCORPORATION ................ ASSOCIATION BY-LAWS ......................... PURCHASE AGREEMENT .......................... SAMPLE DEED ................................. MAP OF DEVELOPMENT .......................... MAP OF SURROUNDING AREA ...................... CERTIFICATION BY SPONSOR ..................... CERTIFICATION RE: ADEQUACY OF BUDGET ......... 22 35 38 55 63 65 66 67 69 ii S_PEcIAL RISKS OF THIS OFFERINC 1. The Sponsor will retain control of the Board of Directors until the fifth anniversary date of the closing of the first Lot or' until 90% of the Lots in the Development are closed, whichever shall first occur. The Sponsor will also retain control over certain .expenditures and fiscal actions of the Board of Directors so long as the Sponsor or its designee shall continue to own Lots representing 5% or more of the total Lots in the development, or five (5) years after the date of the closing of title to the first Lot, whichever shall first occur. See page 12. 2. The Purchase Agreement is not conditioned on a Purchaser obtaining a mortgage commitment. In the event a Purchaser seeks financing from a financial institution and is unable to close title due to Purchaser's inability to obtain said financing, the Purchase Agreement will be deemed breached and the down payment of 10% of the purchase price, any interest accumulated thereon and the cost of extras ordered shall be forfeited to Sponsor as liquidated damages. See Purchase Agreement in Part II of the Plan. 3. The Association will initially be managed by the Board of Directors. In the event a Managing Agent is hired in the future, the: budget and monthly Association assessments will have to be increased accordingly. No representation is made as to the costs, terms or availability of a managing agent in the event the Association desires to retain one in the future. 4. Sponsor will not be required to post a completion bond with the Town of Southold to insure completion of the common area improvements. 5. In addition to the thirty four (34) Lots being offered for sale pursuant to this Offering Plan, the owner of the existing Home located on Lot 3 will also automatically be a member of the Association. The Association will therefore, have thirty five (35) members. 6. The roadway in the Development will be offered for dedication to the Town of Southold. Although Sponsor anticipates that: such offer of dedication will be accepted, in the event it is not accepted, the estimated Association budget set forth at page 4, Will have to be increased to reflect the costs of maintenance of such roadway. 7. Each Lot Owner in the Development ~s r~sponsible for Sewage waste disposal and refuse removal for his own Lot. iii This is an Offering Plan (the "Plan") for the sale of thirty- four (34) undeveloped residential Lots (the "Lots,,) in a subdivision consisting of approximately 40.82 acres of land known as Summit Estates (the "Development,,) located on Shipyard Lane, Town of Southold, Suffolk County, New York. The purpose of the Plan is to set forth all the terms of the offer for the benefit of prospective purchasers. Gusmar Realty Corp., a New York corporation (the "Sponsor" or "Developer,,) is the present owner of the Property by a deed dated December 30, 1985. Sponsor intends to offer for sale the thirty-four (34) individual Lots to be developed by each owner. In addition, there is an existing home located on Lot 3 which will be a member of the Association and which will have the exclusive use of the dock located on Gardiner,s Bay adjacent to Parcel D as shown on the Map of the Development, set forth as Exhibit F. The current owner of Lot 3 is Pantelis Fakiris, the sole principal of Sponsor. The roadway of the property will be offered for dedication to the local government. In the event such dedication is accepted, the roadway will be owned and maintained by the Town of Southold. The surrounding area to the east and west are single family residences, to the south is Gardiner,s Bay and to the north is Route 25. No representation is made as to the eventual use or zoning of any parcel surrounding the Development. In offering the undeveloped residential Lots for sale in the Development,. the Sponsor is ~imultaneously o~fe~ing mandatory memberships in Summit Estates nome Owners Association, Inc. (the "Association,,), a membership corporation which has been organized Under the Not-for-Profit Corporation Law of the State of New York, to own and maintain the Common Areas in the Development including hut not limited to natural open space areas shown on the Map of the Development as Parcels A, B, C and D. See page 11 for complete details of the services to be provided by the Association. A pUrchaser of a Lot in the Development will automatically assume the rights and obligations of membership in the Association upon Closing title to his Lot. The price of the Lots includes the cost of membership in the Association and the prices are set by Sponsor and are not subject to review or approval by the Department of Law or any other governmental agency. There are no restrictions on who may pUrchase a Lot. Prospective purchasers 'should be aware that if they resell their Lots, those who purchase from them will also automatically become members of the Association. The mandatory nature of membership in the Association is set ,forth in the Declaration of Covenants, Restrictions, Easements, Charges and Liens (the ,, · Declaratlon,,) annexed as Exhibit A to this Offering Plan and is set forth in the Purchase Agreement and Deed annexed hereto ~s Exhibits D and Declaration is set forth at E, respectively. A summary of the pages 11 thru 15. Prior to closing on 1 any Lot, Sponsor will have entered into Purchase Agreements for a minimum of one (1) Lot. The Association will own portions oft he above mentioned 40.82 acres of land (the "Common Properties', or "Common Areas,,) including natural open space areas, shown on the Map of the Development as Parcels A, B, C and D, for use by Association members. The Sponsor will deed the Common Properties to the Association free and clear of all mortgages prior to the closing to the first Lot in the Development. See page 15. A full description of the Common Properties is set forth at page 9. Upon the recordation of the Declaration in the Suffolk County Clerk's Office, the Common Properties will become subservient to and have only minimal value separate and apart from the Lots. The Sponsor estimates that, absent the effect of the recording of the Declaration, the Common Properties would have a market value of approximately $28,800. Commencing with the recording of the Declaration, each Lot Owner will become responsible for the payment of a pro rata portion of the expenses of the Association arising from the operation and maintenance of the Common Areas, landscape maintenance of the Common Areas and any maintenance for the natural open space area and other expenses including premiums for liability and property insurance covering the Common Areas, and the creation of such reserves for contingencies as the Board of Directors of the Association may deem proper. The Declaration, as recorded, will encumber all Lots (including Lot 3) and the Common Area. The Owner of Lot 3 has the exclusive use of the existing dock attached to Parcel D, and is obligated to pay all costs in connection with the maintenance, repair and operation of such dock. Police and fire services are provided by the local municipality. Telephone, water, electricity and refuse for each Home that may be constructed on a Lot is provided by the local municipality and will be an individual expense of each Lot Owner. The Sponsor will control the Board of Directors for a period of five years from the closing of title to the first Lot or until 90% of the Lots have closed title, whichever occurs first. See page 12. The estimated charges for the first full year of operation of the Association are set forth on page 4. The Association is responsible for procuring liability insurance covering the Common Areas but any fire and liability insurance for any home that may be constructed on a Lot must be carried by the individual purchasers. See Article VIII of the Declaration of Covenants, Restrictions, Easements, Charges and Liens for details. Purchasers will be required to pay monthly maintenance charges in advance, the first of which will be due upon the acquisition of title to each Lot. See pag~ 1~. See the Section of the Offering Plan entitled,',,The Assocla%lon,, at page 10 and the By-Laws of the Association annexed hereto as Exhibit C. This Offering Plan relates solely to the rights and obligations of purchasers as members of the Association and as COntained in the annexed Declaration. This Offering Plan does not relate to the purchase of land or Lots other than as set forth above nor any home that may eventually be contained thereon and should not be relied upon except for the specific purposes set forth herein. The purpose of the Plan is to set forth all the terms of the offer concerning the Association. The Plan may be amended from time to time by an amendment filed with the New York State Department of Law. Amendments will be served upon purchasers and members. The Plan as presented to prospective purchasers contains all of the detailed terms of the transaction as it relates to the Association. Parts A, B, and C of the Exhibits delivered to the Department of Law contain all of the documents referred to in the Plan. Copies of the Plan and Parts A, B, and C of · · will be available for ins~-~ ........ the Exhibits purchasers and their ~--~t~"~x=~u3 charge to prospective normal business hours~.~'=~ uu =ne o~zlce of the Sponsor during THE PURCHASE OF A LOT ASSOCIATED WITH MANDATORY MEMBERSHIP IN A HOME OWNERS ASSOCIATION HASMANY SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES AND MAy BE ONE OF THE MOST IMI~ORTANT FINANCIAL TRANSACTIONS OF YOUR LIFE. THE ATTORNEY GENERAL STRONGLYURGES YOU TO READ THIS OFFERING PLAN CAREFULLY AND TO CONSULT WITH AN ATTORNEy BEFORE SIGNING A CONTRACT OF SALE. PRO~EC~BD BUDGB~ ~OR ~IR~T ~ OF OPBRA~ION ~UHHI~ ES~&~ES HOHB OWNBR~ ABSOCI~TION~ ~Co Beginning September ~, ~992 (35 Lots) INCOME Association Fees ($77.00 per Lot per year payable monthly based on 35 Lots) EXPENSES Insurance (1) Landscape Maintenance (2) Franchise and Corporate Taxes Real Estate Taxes (4) Accounting (5) Legal (6) Contingency (7) (3) TOTAL $ 575.00 650.00 295.00 500.00 250.00 $2,695.00 $2,695.00 ESTIMATED ANNUAL COST PER MEMBER - $ 77.00 ESTIMATED MONTHLY COST PER MEMBER - $ 6.42 In the event the actual first ear · commencement Y budget differs from will ~ ~of the budget year by six ~ ..... the actual ~ ~v ~u~uue a revised bud~e~ footnotes. If the amended budget exceeds thSs budget by 25% or = ~- ~== explanatory more the Sponsor will offer all purchasers the right to rescind their purchase agreement and have their deposits returned, with interest, if any. 4 FOOTNOTES TO SCHEDULE A ~nsurance - $575.00' Provides for $1,000,000 general liability insurance for the Common Areas. There are no Common Area improvements requiring fire and extended coverage. Based on estimate dated March 14, 1991 received from Filos Agency Inc., Long Beach, New York. Landscape Maintenance - $650.00 Provides for landscape maintenance which includes lawn mowing of Parcels C and D. Based on estimate dated March 5, 1991 received from Sep's Landscaping, Orient, New York. Franchise and Corporate Taxes - $295.00 Because the Association is a Not-for-Profit Corporation, there is reasonable basis to conclude that the Association will not be subject to Franchise taxes. However, the minimum tax has been budgeted. Real Estate Taxes - $ -0- There will be no separate assessed valuation of Common Area properties. The assessed value of Common Area will be reflected in the assessed valuation of the individual Lots. Based on letter dated March 13, 1991 received from the Board of Assessors of the Town of Southhold. Accountinq - $500.00 Provides for preparation of an annual financial statement of the Association. Based on estimate received from Borek, Stockel & Marden, Port Chester, New York. Provides for minimal legal consultation. ~ontlnqency - $425.00 Provides for miscellaneous unforeseen contingencies. 5 CERTILMAN ~BALIN ADLER & HY~MAN THE FINANCIAL CENTER AT MITCHEL FIELO SO MSRR)CK AVENUE EAST MEADOW, NY 11554 October 2, 1991 Gusmar Realty Company 13-07 37th Avenue Long Island City, NY 11101 Re: Summit Estate Home Owners Association, Inc. Gentlemen: We have examined the Offering Plan and various supporting pages for the above captioned Home Owners Association. It is our opinion that the Declaration of Covenants and Restrictions, annexed as Exhibit A to the Offering Plan will, when recorded in the Suffolk County Clerk's Office, be legal and valid and that persons purchasing Lots in the S,~m~it Estates subdivision shall automatically become members of the Summit Estates Home Owners Association, Inc. (the "Association,,), assuming all rights and obligations of membership. Under present law, it is our opinion that members of the Association will not be entitled to deduct any portion of their annual Association assessment payments, as presently constituted, for Federal or New York State income tax purposes. Pursuant to Section 528 of the Internal Revenue Code of 1986 (the "Code") , the Tax Reform Act of 1986 affords certain Home Owner Associations, substantially all of whose Lots are for residence purposes, the opportunity 'to elect to be treated as tax exempt organizations. In order to qualify, sixty percent or more of the gross income must consist of amounts received as membership dues, fees or assessments from the members and 90 percent or more of the expenditures must be for the CqUlSltlon, construction, management, maintenance and care of the Home Owner Association property, which property, as defined in Section 528 of the Code, includes property held by the Home Owners Association, property commonly held by the members of the Home Owners Association or property within the Home 6 CERTILMAN BALIN ADLER ~ HYMAN ; Owners Association held by the members of the Home OWners Association. Based upon our examination of the Offering Plan and subject to the Home OWners Association actually satisfying the minimum percentage income and expenditure criteria set forth above, it is our opinion that the Home OWners Association will be eligible to elect to be treated as a tax exempt organization under Section 528 of the Code. Such an election will exempt from Federal and New York State Income Taxation all amounts received by the Home Owners Association from the members as membership dues, fees or assessments. The Home Owners Association will be taxed, however, on any excess of income over expenses from unrelated sources. Examples of unrelated sources income include interest earned on reserve funds, income from concessions and income from dues or fees received from persons Other than the members. In the event the Home Owners Association fails to qualify for and elect Section 528 taxation status in any year, it may, to the extent -it has any income from unrelated sources or from accumulated revenues received by virtue of dues, fees and assessments received from members not expended in any taxable year, be subject to Federal and New York State Income Taxation (see Rev. Ruling 74-99, 1974-1 CB131). We are also of the opinion that there is a reasonable basis for the Association to conclude that it is not subject to the New York State franchise tax imposed on business corporations. The ~oregoing opinion is rendered notwithstanding the advisory opinion issued to Cornhill Commons Homeowners Association, Inc. on March 9, 1982 to the contrary. In its opinion to Cornhill, the State Tax Commission stated that the exemption from taxation is not applicable if any part of the net earnings of the Homeowners Association inures to the benefit of its members. Through an examination of the analogous Federal Statute Section 528(c)(1)(D) of the Internal Revenue Code, the State Tax Commission determined that the provision of management, maintenance and care of common property by the association constituted an inurement of the net earnings to its members. "The implication is clear that for federal income tax purposes the provision of management and maintenance and care of 'association .property constitutes an 'inurement of net earnings, of the homeowners association to the benefit of its members. Such interpretation is applicable herein,,. However, this conclusion was reached without any reference to or mention of Treasury Regulation 1.528-7, which spec~fically states that "to the extent that members receive a benefit from the general m ' alntenance, etc., of association property, this benefit generally would not constitute inurement,,. In view of the Treasury Regulation, the conclusion of the State Tax Commission appears to be misguided. 7 CERTILP~IAN BALIN ADLER ~.~ HYMAN Since "in~rement"'apparentlY does not include t~.e benefit received by members of an association from the general maintenance, ~tc., of association property for federal income tax purposes, it is our opinion that the same conclusion may reasonably be reached for sta~e income tax purposes. agree with this c The State Tax Commi Cornhill Co~o-= ,~Sion and in light of · o -[9~{°n ~ay not ....... ug,, =he Association ma- ,,~h~' ~or~ State franchise tax. assurances may be given that ~e Association will be SUccessful = --..==~u suc~ a dete~ination, ~o such a contest. Moreover, if the State Tax Co~ission sUccessfully contends that the Association is subject to ~e franchise tax addition to ~eing %iable for New York State franchise each year of its existence, the Association may also be taxes for interest and penalties, liable for E . We have examined th~ Declaration of Covenants, Restr' · a~'emegt~, Charges and Liens to b . lctlons o~}. opinion that such Decla~-- ~ ~laced on the property. It ail O~ers at S~it Es%it~-~~'' When recorded will be binding We note that as of the initial date of Offering Plan the To~ of Southold presentation of the Planning Board has given preliminary approval of the site plan for ~e Development. This opinion is based solely on the facts and documents referred to above. No warranties are made that the tax laws upon which Counsel bases this opinion w' the Sponsor, the Sponsor,s ~ ..... ~not cha~ge. In no event Home O~ers Association, or any other person be liable if by reason ----~ ~unsei ~O the of future changes in fact or applicable law, regulation, d~cisional law or Internal Revenue Service rulings the tax status should cease to meet the requirements contained in this opinion. We have been advised that you intend to Use this letter as part of the Offering Plan and we consent to its inclusion in the Plan. Very truly yours, CERTILMAN BALIN ADLER & HYMAN fRA ~. ADLER, Partner 8 DESCRIPTION OF COM~ON AREA~ AND FACILTTTES TO BE OWNED BY THE ]tSSOCIATION SITE: SITE: The site is located at the west side of Shipyard Lane in East Marion, Town of So~thold, Suffolk County, New York. The parcel consists of approximately 40.82 acres. The main entrance to the development will be on Shipyard Lane, which is a public road. There are 34 undeveloped residential Lots and one existing developed Lot. The 35 Lots are not part of the common area. The land. shown on the Map of the Development as Parcels A, B, C and D will be owned by the Association as common area. According to a report prepared by Howard Young, Licensed Land Surveyor, ground water at the site ranges in elevation from 0.0 mean sea level to approximately 1.0 foot above mean sea level. Rainfall will not cause a significant rise or fall (less than one foot) in the ground water table. Since the elevation of the roads and building sites range from 10 feet to 23 feet above mean sea level, there is no danger of ground water flooding. With regard to tidal flooding, only one area of the development is below the 100 year flood plain. This area can be described as that portion of Lot 3 and that portion of Parcel D below the 9 foot countour. Since all construction is proposed upland of the 9 foot contour, flood damage from a 100 year storm will not occur. The danger of soil erosion does not exist at this site. Although soil erosion will occur along the shore line and is possible during construction, it could not be of such a nature as to be dangerous. The drainage system consists of storm sewers and recharge basins. Catch basins are properly placed to intercept and collect storm water runoff from the various tributary areas. This storm water is then conveyed by pipes, adequately sized, to a single recharge basin. The storm water stored in the recharge basin is then recharged to the ground Water aquifer. The storage volume of the proposed recharge basin exceeds the required volume as computed using the "Rational Method." ROADWAYS: Roadways in the Development will be offered for dedication to the Town of Southold. The roadway will consist of a 4-inch deep Compacted base course sub-base, a 2 1/2 inch asphalt binder base 9 course and i 1/2-inch asphalt Concrete wearing coursein the widths as shown on the Grading and Drainage Plan. PARKING: Each owner of a Lot will be responsible for any parking on said Lot. There is no Common parking area. UTILITIES: There will be no common utilities on the site. Utilities for the individual residential Lots and any Homes that may eventually be built thereon are as follows: 1. Water: Will be provided by the Village of Greenport and the cost will be an individual expense of each Home Owner. 2. Electric: Service will be provided and maintained by LILCO. 3. Telephone: Service will be provided and maintained by New York Telephone Company. SITE LIGHTING: There will be no common site lighting. Sanitary Waste Disposal. In the event a Home is constructed by an Owner of a Lot, individual septic tanks and cesspools will be required. Installation and maintenance of the system will be the individual owners responsibility. REFUSE REMOVAL: Each Lot Owner will be responsible for contracting with a private carting company for removal of their waste. Common Area Parcels A & B, will consist of existing natural vegetation. Parcels C & D will be seeded where there is no existing vegetation. RECREATIONAL FACILITI~m: There will be no active recreational facilities in the development. 10 Parcels A and B will be used strictly as open space and will contain primarily trees.' Parcel C will also be open space and contain trees and grass. Parcel D will also be open space planted with grass and will be used as a park and recreation area for the residents of the subdivision. The dock which is attached to Parcel D will remain for the exclusive private use and enjoyment of the owner of Lot No. 3. The Sponsor will make periodic visits to the Development at reasonable intervals to correct any defects in the construction of any of the improvements forming the Common Properties due to improper workmanship or material substantially at variance with this Offering Plan on condition that is notified or becomes aware of such defects within one year from the date of substantial completion of the Common Properties. ~HE ASSOCIATION Declaration of Covenants, Restrictions, Easements, Charqes and Liens Prior.to the closing of title to any Lot in the Development, the Sponsor will record the Declaration of Covenants, Restrictions, Easements, Charges and Liens, together with the By-Laws annexed thereto and made a part thereof, with the Office of the Clerk of the County of Suffolk. This Declaration and the annexed By-Laws have been included in this Offering Plan as Exhibits A and C. The Sponsor has organized S,~mmit Estates Home Owners Association, Inc. under Section 402 of the New York Not-for-Profit Corporation Law, for the purpose of owning and maintaining the natural open spaces comprising the Common Properties. The Declaration of Covenants, Restrictions, Easements, Charges and Liens provides the framework and procedures by which the Association will maintain and administer said land. The Common Properties will be conveyed to the Association prior to the closing of title to the first Lot free and clear of any mortgage. Any land or construction loan mortgage on any part of the Development will be subordinate to the Declaration. Upon the sale and conveyance of a.Lot by the Sponsor, the purchaser thereof will automatically become a "Member" of the Association (as membership is included in the price of the Lot) subject to the Association rules and regulations and liable for its assessments as hereinafter provided. " The Declaration of Covenants, Restrictions, Easements, Charges and Liens gives each Member of the Association an easement in and to the roadway located on the Properties for himself and his 11 quests. Each Member is also granted easements to connect with and make use of certain utility and sewer and drainage lines. The instrument also makes provision for various easements in favor of the Association and the Sponsor including, in the case of the Sponsor, the retention of easements necessary for the completion of construction and sale of all Lots in the Development. The Members! right to the use and enjoyment of the Common Properties, which expires on December 31, 2052, will be automatically extended for successive ten year periods, unless 66 2/3% of the Owners of Lots constructed on The Properties agree to change the Declaration of Covenants, Restrictions, Easements, Charges and Liens in whole or in part. The Declaration of Covenants, Restrictions, Easements, Charges and Liens does not permit the Sponsor to annex additional property to the Association. B. Manaqement and Operation of the Xssociation The affairs of the Association shall be governed by a Board of Directors, consisting of three (3) members, each of whom, other than those designated by the Sponsor, must be a Member of the Association or an immediate family member residing in any Member's home located on a Lot. The Sponsor will designate an initial Board of Directors consisting of three Directors to serve until the first annual meeting of the Association. The Sponsor has initially designated Pantelis Fakiris, Petroula Fakiris and Daniel Dragonetti, as the first Board of Directors all of whom are affiliated with the Sponsor and have the same business address as the Sponsor. At the first annual meeting and at all subsequent annual meetings the membership will elect a maximum of three (3) Directors to serve for one year terms. See Section C below regarding Sponsor's right to designate a specified number of the three (3) members. The first meeting will be held within six months of the closing of title to the first Lot. Each voting Member will be entitled to cast one vote. Directors, other than Sponsor's designees, may be removed with or without cause by the affirmative vote of the majority of the members. C. control by Sponsor Notwithstanding the provisions of Paragraph "B" above, the Sponsor will have the right to designate two (2) or a majority of the Directors, whichever is greater, at'any annual m~eting of the Association Members until the fifth anniversary date of the closing of title to the first Lot in the Subdivision or until 90% of the Lots in the Subdivision are closed, whichever occurs first. During this period the Board of Directors will consist of three (3) members. Thereafter, the Sponsor will have the right to designate 12 one Director for so long as it holds at least one membership. The Sponsor may not cast its votes to elect any Directors in addition ~o the designated Dir~ctors set forth above. When Sponsor no onger owns any Lots it may no longer designate any Directors. However, so long as the Sponsor or its designee shall continue to own Lots represe~ting at least 5% of the total Lots in the development, but .in no event later than ? years from the =%osing of title to the first Lot, the Board of Directors may not, without the Sponsorts prior written consent, (i) make any addition, alteration or improvement to the common areas, or (ii) assess any Association charge for the creation of, addition to or replacement of all or part of a reserve, contingency or surplus fund, or (iii) enter into any service or maintenance contract for work not covered by contracts in existence on the date that the said Plan is declared effective or (iv) borrow money on behalf of the Association, or (v) increase or decrease the services or maintenance set forth in Schedule A of the Summit Estates Home Owners Association, Inc. Offering Plan, or (vi) purchase any materials, equipment or other goods costing in excess of $2,§00. Sponsor will not use its control of the Board of Directors or veto powers to reduce the level of services described in the Plan, prevent required capital repairs or prevent expenditures required to comply with applicable laws or regulations while Sponsor is in control of the Board of Directors. No mortgage liens will be placed on the Common Area without the consent of at least 51% of the Lot owners excluding Sponsor or Sponsor,s nominees. While Sponsor is in control of the Board of Directors, certified financial statements will be provided each year to members. The Board of Directors will also provide such statements when Sponsor is no longer in control of the Board of Directors. D. ~xDenses of Operatinq the Association The costs and expenses of operating the Home Owners Association and of making capital improvements, if any, shall he allocated equally among the 35 Lots in the Subdivision. In addition, the Owner of Lot No. 3 will pay all costs in connection with the operation, maintenance and repair (including insurance) of the dock located adjacent to Parcel D. The initial Board of Directors may commence the collection of Association Assessments upon the closing of title to the first Lot or at any subsequent date as in its sole discretion it may determine. Prior to the collection of Association Assessments, Sponsor will be obligated to provide all services disclosed in the first year budget at its sole expense. The Sponsor's obligation for such assessments on Unsold Lots subject to the Declaration will be limited to the difference between the actual operating costs of the Association, including reserves on the Common Properties and on Lots to which title has been conveyed and the assessments levied on owners who have closed title on their Lots. In no event, however, will the 13 Sponsor be required to make a deficiency Contribution in an amount greater than it would otherwise be liable for if it were paying assessments on unsold Lots. By his acceptance of a deed, each Lot Owner subject to the Declaration will be deemed to covenant and agree to pay to the Home Owners Association such assessments as are fixed by its Board of Directors. Any sum assessed by theBoard but unpaid, together with interest and reasonable collection costs, will constitute a personal obligation of the person who was the owner of the property when the assessment fell due, as well as a charge on the land and a continuing lien on the property against which the assessment is made. Such lien shall be prior to all liens except liens of a first mortgage encumbering the property and liens of governmental taxing authorities. In no event may voting rights be suspended for non-payment of assessments. As the Home Owners- Association will be an automatic Home Owners Association, no member may exempt himself from contributing toward the expenses of the Home Owners Association by waiver of the use of the improvements maintained by the Association. Set forth at page 4 is an estimate of the receipts and operating expenses of the Association for its first full year of operation. At the closing of title to a Lot a purchaser will contribute $250 to the Association as initial working capital. During the period that Sponsor is in control of the Board of Directors, the working capital fund will not be used to reduce Association assessments. If any portion of the working capital fund is used during this period to pay for items in the budget set forth at page 4, such amounts will be repaid to such fund out of the Association assessments collected. Although Sponsor is of the opinion that the working capital fund and the reserve fund set forth in the budget should be sufficient to cover foreseeable capital expenditures, no representation is or can be made that unforeseeable expenditures or additional capital expenditures desired by the Board of Directors in the future may not require the imposition of an additional assessment. E. ~embership and Votinq Riqhts in the ~ssocistion The Association shall have one class of.membership interest. The Owner of each Lot in the Properties subject to the Declaration ehall be a Member whether such ownership is joint, in common or tenants by the entirety. The vote of sixty-six and two thirds (66 2/3%) percent of the members is required to amend the Declaration or By-Laws. 14 Each Member is entitled to one vote. See page 12 for Sponsor's right to designate a majority of the Directors until the fifth anniversary of the closing of title to the first Lot or until 90% of the Lots have closed title. No member shall split or divide its votes on any motion, resolution or ballot. TOWN OF SOuTHOLD APPROVi~L The Planning Board of the Town of Southold has granted preliminary approval for the Subdivision. When all other required approvals have been received and the subdivision map has been filed, the Sponsor will disclose such fact by means of a duly filed amendment to this Plan. No closing will be held until final subdivision approval is received and the subdivision map is filed. OBLIGATIONS OF BPONSOR Prior to the conveyance of title to any Lot, the Sponsor will arrange for the Lot to be released from the provisions of any land, construction or development loan mortgage enc,,mhering the Development. The Common Areas will be released from the lien of all mortgages prior to their conveyance by the Sponsor to the Association. As of the date of this Offering Plan the Sponsor has not received a written commitment for any development loan. The Sponsor will substantially complete the improvements to the Common Properties directly serving a Lot before conveying title to the Lot. The Sponsor will convey title to the Common Areas to the Association prior to the closing of title to the first Lot. If the construction of the improvements thereon have not been completed prior t? ~onv~yance to the Association, and no bond is posted with the Municipality to insure completion of such facilities, Sponsor will post a bond or escrow funds or provide other adequate security in an amount to be determined by a licensed engineer which amount shall not be less than the amount required to complete such construction to the required specifications. The Sponsor's obligations to complete the improvements of the Common Properties Will survive their conveyance to the Association. Sponsor anticipates completion of the Common Area by approximately December 31, 1992. SPONSOR WILL NOT BE REQUIRED TO' POST A BOND WITH THE TOWN OF SOUTHOLD TO INSURE COMPLETION OF THE COMMON AREA IMPROVEMENTS. THE SPONSOR WILL BE REQUIRED TO POST A BOND IN THE AMOUNT OF $400,000 TO INSURE COMPLETION OF THE RQADWAYS, CURBS, STREET LIGHTS, ETC., WHICH ROADWAYS WILL BE OFFERED FOR DEDICATION TO THE TOWN OF SOUTHOLD. Sponsor will complete the Common Area improvements in accordance with the plans and specifications filed with the Town of Southold. Sponsor reserves the right to substitute equipment 15 or material and make modifications of design, provided, however, that Sponsor may not substitute equipment or materials of lesser quality or design. At the time of the transfer of title of the Common Properties by the Sponsor to the Association, the Sponsor will furnish the Association with a fee title policy covering the lands comprising the Common Properties. This fee policy of title insurance will be issued by a reputable title insurance company licensed to do business in the State of New York, and shall be in the amount of $28,800. Any proceeds of such title policy arising out of a claim of defective title, pertaining to land being conveyed to the Association, will be held for the benefit of and delivered to the Association. The Sponsor agrees to pay for the authorized and proper work involved in the construction, establishment and sale of all Association property. Sponsor is- obligated to complete construction of all Common Area improvements under the Plan and agrees to cause all mechanics' liens with respect to such construction to be promptly discharged or bonded. Sponsor has an obligation to defend any suits or proceedings arising out of Sponsor's acts or omissions and to indemnify the Board of Directors against such acts or omissions. The Sponsor agrees to deliver a set of "as-built" plans of Common Property improvements to the Board of Directors and a representation that the plans or specifications are in substantial compliance with the terms of the Offering Plan. If Sponsor has reserved an easement to complete construction Of the Property and use the Common Area facilities in connection with the sale of Lots, Sponsor will be obligated to repair any damage to the Common Area caused by its construction. Sponsor is obligated to pay Association assessments on unsold Lots in the manner set forth at page 13. The Sponsor may be liquidated at any time after completion of the Common Area improvements, however, any such liquidation shall not diminish Sponsor's obl.igations as set forth in this Offering Plan. While Sponsor is in control of the Board of Directors the Association will be required to provide the members with a Certified Financial Statement of the Association. 16 PROCEDURE TO PURCHASE A person desiring to purchase a Lot in the Development will be required to execute a purchase agreement in the form set forth as Exhibit D of this Plan and to return it to the Sponsor together with a check in the amount to be determined by Sponsor of up to 10% of the total purchase price. Sponsor reserves the right to decline to sell more than one Lot to any purchaser. No purchase agreement may be entered into unless a purchaser has received a copy of the Offering Plan at least 3 full business days prior to the execution of the purchase agreement. The purchase agreement provides that the closing of title will not be scheduled on less than 15 days written notice to the purchaser and that purchaser will have 10 days to cure any default under the purchase agreement. At closing, Purchaser agrees to pay to Sponsor any New York State Transfer Tax and any survey fees. Purchaser shall pay Sponsor's attorney a legal fee of $350 for services in connection with preparing the Deed and coordinating and attending the closing, and a travel fee in the amount of $250 if the closing is held at any location other than Sponsor's Attorney's office. In the event purchaser .obtains fee title insurance from a title company other than First American Title Insurance Company of New York, 210 Court Street, Riverhead, New York, Purchaser shall pay to Sponsor's counsel an additional legal fee of $150 as a legal fee for the review of the report. In addition, Purchaser agrees to pay to the Association at closing the monthly Association charges in advance and $250 to be used as initial working capital. See the Purchase Agreement contained in Part II of the Plan. TRUST FUNDS The Sponsor will hold all monies received directly or through its agents or employees in trust until the closing of title or Sponsor will post a surety bond issued by an insurance company doing business in New York or a letter of credit issued by an institutional lender securing repayment of such funds in the event the purchaser is entitled to such amount under the terms of the Offering Plan or Purchase Agreement. If a surety bond or letter of' credit is posted, this Plan will be amended before such bond or letter of credit is utilized to disclose such fact. If no bond or letter of credit is posted, such funds will be held as trust funds pursuant to Section 352-h and Section. 352-e2(b) of the General Business Law, in a segregated special interest bearing escrow account entitled "Summit Estates Escrow Account" at Norstar Bank, Route 58, Riverhead, New York. Such deposit together with interest accumulated thereon, if any, shall remain the property of the purchaser until consummation of the transaction or until such time · 17 as either party is entitled to said funds pursuant to the terms of the Purchase Agreement and the Offering Plan. Interest earned on said fund, if any, shall be paid to the Purchaser at closing. The signature of Richard F. Lark, Esq., Main Road, Cutchogue, New York, as attorney for the Sponsor, shall be required to withdraw any of such funds. Such funds.will be payable to the Sponsor upon the closing of title to the Home covered by the Purchase Agreement. In the event of default by the Purchaser under such Purchase Agreement, which default continues for 10 days after notice of such default from the Sponsor to the purchaser, the down payment of up to 10% of the purchase price plus the cost of any optional items ordered, will be released to the Sponsor from such account as liquidated damages and thereafter neither party shall have any rights or obligations to or against the other. MA1TAG F.,MENT A~REEMENT AND OTHER CONTRACTUAL ~qI~RAN~EMENTS The Sponsor is not obligated to, and has not entered into any management contract to provide for management of the Common Properties. No representation is made as to the cost, terms or availability of a Managing Agent. The Board of Directors of the Association will be responsible for the management of the Association, and may perform this function itself or hire a managing agent to bill and collect the annual maintenance charges, hire and fire employees, supervise alterations and repairs, maintain the Association's books and records, advise the Board of Directors of its proposed annual budget, provide each member annually with a Balance Sheet and Profit and Loss Statement, purchase supplies for the Association and generally perform the duties of a managing agent for residential property. In performing its duties, the Board of Directors or a managing agent employed by it, may engage contractors for the purpose of carrying out the maintenance and repair of the Common Properties. At the present time no contracts have been entered into with contractors for these for these purposes. IDENTITY OF PARTIES 8_~_PONSOR The Sponsor is Gusmar Realty Corp., 13-07 37th Avenue, Long Island City, New York, a New York corporation. The sole shareholder of Sponsor is Pantelis Fakiris with the same address as Sponsor. Neither Sponsor nor Mr. Fakiris has previously participated in any prior public offerings of cooperative interests .18 in realty. Mr. Fakiris is also President of S,,mmit Waterproofing, Big City Carting Corp., and $,,mm%t Carting Corp., all of Long Island city, New York. SELLIN~ A~ENT Victorian Realty corP., 110 Front Street, Greenport, New York, is the Selling Agent under this Plan. The firm is a registered Broker-Dealer and is experienced in the sale of realty in New York. Pantelis Fakiris, a principal of Sponsor is also a principal ofthe Selling Agent. ATTORNEY Ail legal matters in connection with the establishment of the Association, the opinions of counsel contained herein, and the preparation of _the Offering Plan have been passed upon for the Sponsor by Certilman Balin Adler & Hyman, 90 Merrick Avenue, East Meadow, New York. Ira J. Adler, Esq., a partner of said firm was in charge of the preparation of the Offering Plan. Richard F. Lark, Esq., Main Road, Cutchogue, New York will represent Sponsor in connection with individual Lot closings and is acting as escrow agent under this Plan. REPORT TO MEMBERS Ail members of the Association will receive annually (within four months of the end of each fiscal year) at the expense of the Association, copies of a Balance Sheet and a Profit and Loss Statement of the Association compiled by an independent certified public accountant, a statement regarding taxable income attributable to the members, if any, and a notice of the holding of the annual meeting of the Association. While Sponsor is in control of the Board of Directors the Association will be provided with an annual Certified Financial Statement. DOCUMENTS ON FILE In accordance with Section 352-e(9) of the General Business Law, copies of this Offering Plan and Parts A, B, and C of the Exhibits and documents referred to herein will be available for inspection by prospective purchasers and by any person who has pUrchased a security offered by this Plan or who .~has otherwise Participated in this Offering at the offices of the Sponsor at the address indicated on the front cover of this Offering Plan, and Will remain available for such inspection for a period of six Years. 19 This Offering Plan contains a fair summary of the material facts of this Offering and does not knowingly omit any material fact or contain any untrue statement of any material fact. There are no lawsuits or other proceedings now pending or any judgments outstanding, either against the Sponsor or the Association or any person or persons which might become a lien against the Development or which materially affect this Offering or' Sponsor's capacity to perform all of its obligations under the Plan or operation of the Association. In accordance with the provisions of the laws of the State of New York, the Sponsor represents that it will not discriminate against any person because of his race, sex, age, creed, color, national origin or ancestry in the sale of homes in the Development and in the simultaneous offering of memberships in the Association under this Offering Plan. Investor-purchasers of Lots for resale rather than occupancy are required to register pursuant to General Business Law Section 352-e and to provide prospective purchasers with the Offering Plan and all amendments. This property Was not the subject of a prior offering. As of the date of first presentation of this Plan, neither the Sponsor nor any of its agents has raised funds or made any preliminary offering or binding agreement to or with prospective home owners. The Plan may be amended at any time and from time to time provided that, if the amendment is a material and substantial modification of the Plan which adversely affects Purchasers of shares, then anyone who has theretofore executed a Purchase Agreement shall be given not less than 30 days after a copy of the duly filed amendment is mailed or otherwise delivered to them by written notice to the Sponsor to cancel the Purchase Agreement and to obtain a refund, in full, of the down payment made herewith. No person has been authorized to make any-representation which is not expressly contained herein. This Offering Plan may not be changed or modified orally but only by a duly filed amendment. Dated: December 11, 1991 East Meadow, New York GUSMARREALTY CORP. Sponsor ¸2O 21 OFFER~N~ STaTEmENT SUMMIT ESTATES Shipyard Lane East Marion, Suffolk County, New York PART 22 DECLARATTON oF COVENi%NTS~ RESTRZCTTONS~, F2~E~S~ CHARGES AND LZENB DECLARANT: GUSMAR REALTY CORP. DATE OF DECLARATION: CERTILMAN BALIN ADLER & HYMAN Attorneys for the Sponsor 90 Merrick Avenue East Meadow, New York 11554 EXHIBIT A Section 4. Removal. Directors may be removed f~r cause by an affirmative vote of a majority of the Members. No Director, other than a designee of the Sponsor, shall continue to serve on the Board if, during his term of office, he shall cease to be a Member. Section S. powers. (a) The property and business of the Association shall be managed by its Board of Directors, which may exercise all such powers of the Association and do all such lawful acts and things as are not by Statute, Declaration, Certificate of Incorporation or by these By-Laws, directed or required to be exercised or done by the Members or Owners personally. These powers shall specifically include, but not be limited to the following items: 1. To determine and levy monthly assessments "Association assessments") to cover the cost of operating and maintaining the Properties payable in advance. The Board of Directors may increase the monthly assessments or vote a special assessment in excess of that amount, if required, to meet any additional necessary expenses. 2. To collect, use and expend the assessments collected to maintain, care for and preserve the roadway, natural open areas and the common driveways on Lots 3 and 12 on the Properties. 3. To make repairs, restore or alter the Common Properties after damage or destruction by fire or other casualty or as a result of condemnation or eminent domain proceedings. 4. To open bank accounts and borrow money on behalf of the Association and to designate the signatories to such bank accounts. 5. TO collect delinquent assessments by suit or other wise, to abate nuisances and to enjoin or seek damages from Members for violations of the house rules or rules and regulations herein referred to. 6. To make reasonable rules and regulations and to amend the same from time to time. such rules and regulations and amendments thereto shall be b~nding upon the Members when the Board has approved them in writing and delivered a copy of such rules and all amendments to each Member. such rules and regulations may without limiting the foregoing, include reasonable limitations on the use of the Common Properties by guests of the Members as well as :reasonable admission and other fees for such use. 7. To impose fines or penalties upon any Member who violates its rules, regulations or these By-Laws. Any Member fined or penalized by the corporation for a violation of its rules, .6 regulations or the By-Laws shall be entitled to receive written notice by registered mail of such action. The written notice shall contain the following statements: a. A copy of the rule or regulation the Member has violated and a description of the manner in which the Member violated the rule or regulation. b. The amount of the fine or penalty. c. A time and place at which the Member shall be given the opportunity to present a defense before final action is taken. 8. To employ workmen, contractors and supervisory personnel, and to purchase supplies and equipment, to enter into contracts to provide maintenance and other services, and generally to have the power of Directors in connection with the matters hereinabove set forth. 9. To bring and defend actions by or against one or more Members pertinent to the operation of the Association and to assess special assessments to pay the cost of such litigation. 10. To hire a Managing Agent to perform and exercise the powers of the Board of Directors in the management of the Development. 11. (a) The Board of Directors may, by resolution or resolutions, passed by a majority of the whole Board, designate one or more committees, each of such committees to consist of at least three (3) Members or immediate family members of a Member owning a Lot or residing in any home on a Lot of a Member, one of whom shall be a Director, which, to the extent provided in said resolution or resolutions, shall have and may exercise the powers of the Board of Directors in the management of the business and affairs of the Association and may have power to sign all papers which may be required, provided the said resolution or resolutions shall specifically so provide. Such committee or committees shall have such name or names as may be determined from time to time by resolution adopted by the Board of Directors. .Committees established by resolution of'the Board of Directors shall keep regular minutes of their proceedings and shall report the same to the Board as required. (b) Notwithstanding anything to the contrary contained in these By-Laws, so long as the Developer or its designee shall continue to own lots representing at least 5% of the total lots in the development or more, but in no event later than 5 years from the closing of title to the first lot (other than Lot No. 3), the Board of Directors may not, without the Developer's prior written consent (i) make any addition, alteration or improvement to the 48 common' area, or (ii) assess any Association charges for the creation of, addition to or replacement of all or part of a reserve, contingency or surplus fund or, (iii) enter into any service or maintenance contract for work not covered by contracts in existence on the date the said Plan is declared effective or, (iv) borrow money on behalf of the Association or, (v) increase or decrease the services or maintenance set forth in Schedule A of the Summit Estates Offering Plan or, (vi) purchase any materials, equipment or other goods 'costing in excess of $2,500. Developer · shall not use its veto power or control of the Board of Directors to reduce the level of services described in the Offering Plan or prevent capital repairs or prevent expenditures required to comply with applicable laws or regulations. While Developer is in control of the Board of Directors, no mortgage liens will be placed on the Common Properties without the consent of at least 51% of the home owners other than the Directors or Developerst nominees. This subparagraph (c) may not be amended without the written consent of the Developer. Section 6. Compensation. Directors and officers, as such, shall receive no compensation for their services. Section 7. MeetinGs. (a) The first meeting of each Board newly elected by the Members shall be held immediately upon adjournment of the meeting at which they were elected, provided a quorum shall then be present, or as soon thereafter as may be practicable. The annual meeting of theBoard of Directors shall be held at the same place as the annual meeting of Association Members and immediately after the adjournment of same, at which time the dates, places and times of regularly scheduled meetings of the Board shall be set. (b) Regularly scheduled meetings of the Board may be held without special notice. (c) Special meetings of the Board may be called by the President on two (2) days notice to each Director either personally or by mail or telegram. Special meetings shall be called by the President or Secretary in a like manner and on like notice on the written request of at least two (2) Directors. (d) At all meetings of the Board, a majority of the Directors shall be necessary and sufficient to constitute a quorum for the transaction of business, and an act of a majority of the Directors present at any meeting at which there is a quorum shall be the act of the Board of Directors, except as may ~e otherwise ~pecifically provided by Statute or by the Declaration or by these'By-Laws. If a quorum shall not be present at any meeting of Directors, the Directors present thereat may adjourn the meeting from time to time, without notice other than announcement at the meeting until a quorum shall be present. (e) Before or at ~ny meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. Bection S. Annual Btstement. The Board of Directors shall furnish to all Members and shall present annually (at the annual meeting) and when called for by a vote of the Members at any special meeting of the Members, a full and clear statement of the business conditions and affairs of the Association, including a balance sheet and profit and loss statement compiled by an independent certified public accountant and a statement regarding any taxable income attributable to the Members and a notice of the holding of the annual meeting of Association members. Section 9. Fidelity Bonds. The Board of Directors shall require that all officers and employees of the Association (except Sponsor or Sponsor's representatives) handling or responsible for Association funds shall furnish adequate fidelity bonds. The premiums on such bonds shall bean expense of the Association. ARTICLE IX. OFFICERS Section 1. Elective Officers. The officers of the Association shall be chosen by.the Board of Directors and shall consist of a President, a Vice-President, a Secretary and a Treasurer. The Board of Directors may also choose one or more Assistant Secretaries and Assistant Treasurers and such other officers as in their judgment may be necessary. All officers must be either members of the Board of Directors or Members of the Association. Other than the President, two or more offices may be held by the same person. Section 2. Election. The Board of Directors, at its first meeting after each annual meeting of Association Members, shall elect a President, a Vice President, a Secretary and a Treasurer. Only the President must be a member of the Board. Section 3. ADDointive Officers. The Board may appoint such other officers and agents as it shall deem necessary who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. Section 4. Term. The officers shall hold office for a period of one year or until their successors are chosen and qualify in their stead. Any officer elected or appointed by the Board of 9 5O Directors may be removed with or without cause, at any time, by the affirmative vote of a majority of the Board of Directors, provided prior notice was given to all Board members thatthis item was on the agenda for such meeting. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board of Directors. Section S. The President~ The President shall be the chief executive officer of the Association; he shall preside at all meetings of the Association Members and the Board of Directors, shall be an ex-officio member of all standing committees, shall have general and active management of the business of the Association, shall see that all orders and resolutions of the Board are carried into effect and shall have such other powers and duties as are usually vested in the office of President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 6. The Vice President. The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act and shall have such other powers and duties as are usually vested in the office of Vice President of a corporation organized under the Not-for-Profit Corporation Law of the State of New York. Section 7. The Secretary, The Secretary and/or Assistant Secretary shall attend all sessions of the Board and all meetings of Association Membersand record all votes and the minutes of all proceedings in a.book to be kept for that purpose and shall perform like duties for the standing committees when required. He shall give, or cause to be given, notice of all meetings of Association Members and special meetings of the Board of Directors, and shall perform such other duties as may be prescribed by the Board of Directors or by the President, under whose supervision he shall be. Section 8. The Treasurer. The Treasurer shall have the custody of the Association funds and securities and shall keep full and accurate chronological accounts of receipts and disbursements in books belonging to the Association including the vouchers for such disbursements, and shall deposit all monies, and other valuable effects in the name and to the credit of the Association in such depositories as may be designated by the Board of Directors. These duties may also be exercised by the Managing Agent, if any. However, such Managing Agent shall not replace the Treasurer. He shall disburse the funds of the Association Ws he may be ordered by the Board, making proper vouchers for such disbursements and shall render to the President and Directors, at the regular meeting of the Board or whenever they may require it, an account of all his transactions as Treasurer, and of the financial condition of the Association. 10¸ 51 He shall keep detailed financial records and books of account of the Association, including a separate account for each Member, which among other things, shall contain the amount of each assessment, the date when due, the amount paid thereon and the balance remaining Unpaid. Section 9. ~ All agreements and other instruments shall be executed by the President or such other person as may be designated by the Board of Directors. ARTICLE X. NOTICES Section ~. ~ Whenever under the provisions of the Declaration or of these By-Laws, notice is required to be given to the Board of Directors or to any Director or Association Member, it shall not be construed to mean personal notice; but such notice may be given in writing, by mail, by depositing the same in a post office or letter box in a postpaid sealed Wrapper, addressed to the Board of Directors, such Director, or Member, at such address as appears on the books of the Association. Section 2. Service of Notice Wai~e~. Whenever any notice is required to be given under the provisions of the Declaration, or of these By-Laws, a waiver thereof, in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed the equivalent thereof. ARTICLE XI. ASSESSMENTS ~ FINANCE~ section 1. Creation of the Lien and Personal Obliqation 0, ~ The creation of the lien and personal obligation of assessments is governed by Section I of Article VI of the Declaration. Section 2. ~urDose of Assessments. The purpose of assessments is as specified in Section 2 of Article VI of the Declaration. Section 3. Basis of 'Assessments The basis of the Assessments is as specified in Section 3 of Article VI of the Declaration. Section 4. Date of Commencement of Assessments:' Due Dates, The date of commencement and the due dates of assessments are as Specified in Section 4 of Article VI of the Declaration. Section 5. Effect of Non-Payment of Assessmenl: Remedies of the Association. The effect of non-payment of assessments and the 11 52 remedies of the Association shall be as specified in Section 5 of Article VI of the Declaration. Section 6. Subordination of Lien to MoNtqaqes, The lien of the assessments provided for herein shall be subordinated pursuant to the provisions of Section 5 of Article VI of the Declaration. Section 7. Checks. All checks or demands for money and notes. of the Association shall be signed by the President and Treasurer, or by such other officer, or officers or such other person or persons as the Board of Directors may from time to time designate. section S. ODeratina Account, There shall be established and maintained a cash deposit account to be known as the "Operating Account" into which shall be deposited the operating portion of all monthly and special assessments as fixed and determined for all members. Disbursements from said account shall be for the general needs of the operation including, but not limited to, wages, repairs, betterments, maintenance and other operating expenses of the community. Section 9. Other Accounts. The Board shall maintain any other accounts it shall deem necessary to carry out its purposes. ARTICLE XII. AMENDMENTS Except as otherwise provided, these By-Laws may be altered, amended or added to at any duly called meeting of Association Members provided: (1) that the notice of the meeting shall contain a full statement of the proposed amendment and (2) that the amendment shall be approved by vote of at least sixty-six and two- thirds (66 2/3%) percent of the members. No amendment, however, shall affect or impair the validity or priority of the Members' interests and the interests of holders of a mortgage encumbering a Member's Lot or any Home constructed thereon. Nor shall any amendment have the effect of infringing upon the Developer's right to develop and make membership in or use of the Association available to purchasers or lessees of no more than 35 Lots on the Properties. ARTICLE XIII. SELLING. LEASING ~ND GIFTS OF LoTs section 1. Sellina and Leasinq Lots or any Home thereon. Any Lot or Home thereon may be conveyed or leased by a Member free of any restrictions except that no Member 'shall convey, mortgage, pledge, hypothecate, sell or lease his Lot or Home thereon unless and until all unpaid Association expenses assessed against the Lot shall have been paid as directed by the Board of Directors. Such Unpaid Association expenses, however, may be paid out of the Proceeds from the sale of a Lot, or by the Grantee. Any sale or 12 53 lease of a Lot or Home thereon in violation of this section shall be voidable at the election of the Board of Directors. Upon. the written request of a Member or his mortgagee, the Board or its designee shall furnish a written statement of the unpaid charges due from such Member which shall be conclusive evidence of the payment of amounts assessed prior to the date of the statement. A reasonable charge may be made by the Board for the is issuance of such statements. ..T~e. provisions of this section shall not apply to the acquisition of a Lot or Home constructed thereon by a mortgagee who shall acquire title to such Home by foreclosure or by deed in lieu of foreclosure. In such event the unpaid assessments against the Lot or Home constructed thereon which were assessed and became due prior to the acquisition of title to such Lot or Home constructed thereon by such mortgagee shall be deemed waived by the Association and shall be charged to all other members of the Association as a common expense. Such provisions shall, however, apply t~ any assessments which are assessed and become due after the acquisition of title to such Lot or Home constructed thereon by the mortgagee and to any purchaser from such mortgagee. Whenever the term "Lot" is referred to in this Section, it shall include the Lot, the Home, the Member's interest in the Association and the Member's interest in any Lots or Homes acquired by the Association. Section 2. ~ Any Member may convey or transfer his Lot or Home thereon by gift during his lifetime or devise his Lot or Home thereon by will or pass the same by intestacy without restriction. ARTICLE XIV. GENERAL PROVISIONS Section 1. ~ The fiscal year of the Association shall be fixed by resolution of the Board of Directors. Section 2. See1. The Association seal shall have inscribed thereon the name of the Association and the year of its incorporation under the laws of the State of New York. The seal may be used by causing it or a facsimile thereof to be impressed or affixed or in any manner reproduced. Section 3. Examination of Books and Records. Each Member, or their respective representatives and first mortgagees, shall be entitled to a reasonable examination of the books and records of the Association at any time upon reasonable notice to its Board of Directors. The Declaration, Certificatioh of Incorporation and the By-Laws of the Association shall be available for inspection by any Member or first mortgagee at the principal office of the Association. I3 54 Section 4. onst uctlon. Whenever the masculine singular form of the pronoun is used in these By-Laws, it shall be construed to mean the masculine, feminine or neuter, singular or plural, when ever the context so requires. lin the case of any conflict between the Certificate of Incorporation and these By-Laws, the Certificate shall control~ and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control. Seat%on S. ~ Should any of the covenants, terms or provisions herein ~m~osed be ~r become unenforceable at law or in equity, the remaining provisions of these By Laws shall, nevertheless, be and remain in full force and effect. 14 55 PURCHASE AGREEMENT Agreement made and dated , 19 , between Gusmar Realty Corp., with an address at 13-07 3?th Avenue, Long Island City, hereinafter called the "Seller" and residing at No. hereinafter called the "Purchaser,,. WHEREAS, the Seller desires to offer for sale Lots to be situated on the land owned by it located in East Marion, New York, together with mandatory memberships in Su~mit Estates Home Owners Association, Inc., hereinafter called the "Association,', and the Purchaser is desirous of purchasing a Lot thereon and obtaining membership in the Association. NOW, THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth, the parties h~reto mutually agree as follows: 1. Sale of Lot. Seller agrees to sell and convey, and Purchaser agrees to purchase: All that certain plot, piece or parcel of land, with any improvements thereon erected or to be erected, situate, lying and being in East Marion, Town of Southold, County of Suffolk and State of New York, known as part of Lot No. on a Map entitled, "Map of Summit Estates" filed or to be filed in the Office of the Clerk of Suffolk County. 2. A. ~ The purchase price is $ payable as follows: $ $ , on the signing of this Agreement, the receipt whereof is hereby acknowledged. , certified or bank cashier,s check (drawn on a New York Bank payable directly to the order of Seller) on closing of title; Any payment made by check is accepted by Seller subject to collection. If any check tendered is not honored, Purchaser shall provide a certified check or bank cashier's check payable directly to Seller within 72 hours after demand for replacement therefor. EXHIBIT D 56 Notwithstanding the foregoing, if for any reason whatsoever the check given by Purchaser as the down payment hereunder is dishonored, Seller shall have the right to cancel this Agreement. Seller's election to cancel shall not be deemed a waiver by Seller of its right to pursue other remedies. ALL PAYMENTS AT CLOSING ARE TO BE MADE BY GOOD UNENDORSED CERTIFIED CHECK OR BANK CASHIER'S OR OFFICIAL CHECK PAYABLE DIRECTLY TO THE ORDER OF SELLER OR SELLER'S DESIGNEE AND DRAWN ON A BANK WHICH IS A MEMBER OF THE NEW YORK CLEARINGHOUSE. UNCERTIFIED CHECKS OF A FUNDING COMPANY OR ATTORNEY'S ESCROW ACCOUNT WILL NOT BE ACCEPTED BY SELLER ON ACCOUNT OF PROCEEDS DUE FROM PURCHASER. Title to all items of personal property shall be delivered free and clear of all liens and encumbrances, except the lien of the mortgage applied for by Purchasers herein, if anY. 2. B. Delivery of Deed The closing of title shall take place at the office to be designated by the Seller at o'clock on or about 19 , or at such later date and time designated by the Seller upon fifteen (15) days notice to the Purchasers. The Seller shall be entitled to a reasonable adjournment in the closing of title as set forth in Paragraph 10 of this Agreement. If the Purchaser is not ready to close title at the date and time fixed pursuant to the contract, any adjournment exceeding seven (7) days granted at the request of the Purchaser shall be upon the condition that all adjustments, includlng interest on the cash balance of the purchase price (including any portion financed by a lending institution) be paid at the rate of 12% per annum and shall be made as of the date originally fixed for the closing of title. Nothing herein contained shall be construed to require Seller to grant any adjournment. 3. Closinq Costs and Adjustments. The Purchaser further agrees to pay to the Seller at the closing of title: the applicable New York State transfer tax, any survey fees and the actual fee for recording the deed to the Lot. In the event the Purchaser shall obtain a mortgage loan from an institutional lender, he shall also pay all applicable fees connected therewith such as origination fees, fees for credit reports, the actual cost of appraisal and inspection fees, private mortgage insurance where applicable, mortgage tax title insurance, bank attorneys fees for preparation of the documents necessary for the mortgage loan, including the building loan if said loan is being extended and/or consolidated with purchasers mortgage, all recording fees and all other charges assessed on the loan. All applicable real estate taxes and other usual and normal closing charge~ and any Association Assessments assessed during the month that title closes or established as a reserve, shall be adjusted as of the closing 2 date based upon the last bill rendered for such taxes or charges. The purchaser shall pay the fee of his own attorney. Purchaser shall also pay $350 to Seller's counsel representing a fee for services in connection with preparing the Deed, and for coordinating and attending the closing and a travel fee of $250 in the event the closing is held at an office other than Seller's Attorney. The Purchaser shall also pay the premium for a fee title insurance policy, if he.desires such coverage. In the event Purchaser' obtains fee title insurance from any company other than First American title Insurance Company of New York, Purchaser shall pay Seller's attorney $150 as an additional legal fee for review of the report. In addition thereto, the Purchaser agrees to pay at the closing to the Association the monthly Association charges in advance and $250 initial to be used as . working capital. Purchaser shall make the required deposits with the lending institution for future payments of taxes and insurance premiums, and, if collected by the lending institution, for Association Assessments. 4. Deed and Subject To. The closing deed shall be a Bargain and Sale Deed with Covenants Against Grantor's Acts, shall be duly executed and acknowledged by the Seller, so as to convey to the Purchaser fee simple title to the said premises, free and clear of all liens and enc~mhrances, except as herein stated, and shall also contain the covenant required by Subdivision 5 of Section 13 of the Lien. Law. The Purchaser shall accept a marketable title, such as First American Title Insurance Company of New York, 210 Court Street, Riverhead, New York, shall insure and the Purchaser shall pay the applicable New York State transfer tax. See Paragraph 3 as to additional legal fees if Purchaser obtains fee title insurance through a company other than First American Title Insurance Company of New York. Title to the premises is sold and shall be conveyed subject to: (a) Ordinances and regulations of competent municipal or other governmental authorities: (b) Easements for screening and planting and for sewer, water, gas, fuel line, drainage, scenic purposes, electricity, cable television, telephone and other similar utilities, if any, granted or to be granted; (c) The Declaration of Covenants, Restrictions, Easements, Charges and Liens referred to in Paragraph 5 of this Agreement which the Seller will or has recorded in the Suffolk County Clerk's office; (d) Unpaid taxes and liens, provided the title 'company shall insure against collection of same from the premises; (e) The filed Subdivision Map of the Development; (f) Any Declarations and Easements of record; and (h) Any state of facts an accurate survey or personal inspection of the premises would show provided title is not rendered unmarketable. ~ 5. Home Owners Association. The Seller has exhibited and delivered to the Purchaser and Purchaser has read and agrees to be bound by the proposed Declaration of Covenants, Restrictions, Easements, Charges and Liens, By-Laws and Offering Plan of the Association (and the Exhibits attached thereto), as the same may 3 58 from time to time be amended, all of which are incorporated by reference and made a part of this'Agreement with the same force and effect as if set forth in'full herein. With the purchase of his Lot, the Purchaser acknowledges that he will automatically thereby become a member of the Association, subject to its rules and regulations and liable for its assessments. Pursuant to Regulation, this Agreement is being executed more than 72 hours .after the receipt by the Purchaser of a copy of the Offering Plan. 6. purchaser's Obliqations Respsetina Mortaaae Loan. This Purchase Agreement is not conditioned upon Purchaser obtaining mortgage financing for the purchase of the Lot referred to in Paragraph i above. In the event that the Purchaser is unable to obtain a mortgage commitment this Agreement shall still be in effect and Purchaser shall have an ongoing obligation to cons~mmate the transaction. If a Purchaser does not consummate the transaction he will be in default under this Purchase Agreement'and his down payment of 10% of the Purchase Price will be released to the Seller as liquidated damages. 7. Breach of pur-h--e Aqreement by Purchaser. Should Purchaser violate, repudiate, or fail to perform any of the terms of this Agreement, or fail to make any payment in a timely fashion, which default remains uncured for 10 days after written notice by certified mail return receipt requested or other means which evidences receipt by the Purchaser, of such default from Seller, Seller will retain all of the monies paid on account hereunder plus the cost of any options ordered, as liquidated damages, in which event: the parties shall be discharged of all further liability hereunder. The provisions shall apply regardless of any sale of the property subsequent to Purchaser's default. 8. Seller's Failure to Convey. The Seller's liability under this Agreement for failure to complete and/or deliver title for any reason, shall be limited to the return of the money paid hereunder, and upon the return of said money, this Agreement shall be null and void and the parties hereto released from any and all liability hereunder. In any event, the Seller shall not be required to bring any action or proceeding or otherwise incur any Unreasonable expense to render the title to the premises marketable or to cure any objection to title. 9. Acceptance of Deed Full Compl{-nce by Seller; Waiver ~. Anything to the contrary herein contained not Withstanding, it is specifically understood and agreed by the Parties hereto that the acceptance of the delivery of, the deed at the time of the closing of title hereunder shall constitute full Compliance by the Seller with the terms of this Agreement and none ~f the terms hereof, except as otherwise herein expressly provided, mhall survive the delivery and acceptance of the deed. All ~epresentations contained in the Offering Plan shall survive mlivery of the deed. The parties hereto do hereby agree that 59 trial by jury in any action, proceeding or counterclaim arising out of or from this Agreement is hereby waived. 10. Delay in Closing. ~urchaser's O~tion to Cancel. In the event the Seller shall be unable to convey title to the Lot on or before six months after the proposed date of delivery of title set forth herein, and except for delays due to strikes, acts of God, wars, lockouts, military operations, national emergencies, installation of public utilities, governmental restrictions preventing Sponsor from obtaining necessary supplies and/or materials, in which event the period shall be extended to nine months, and except for the Purchaser's default, the Purchaser shall have the option to cancel this Agreement upon thirty (30) days written notice, return receipt requested, tot he Seller and to have the down payment advanced by him returned to the Purchaser with interest, if any. Failure to give the required written notice shall mean that this Purchase Agreement shall remain in full force and effect. 11. Assiqnabilit~ Notioe. The parties agree that the stipulations and Agreements herein contained shall be binding upon them, their respective heirs, executors, administrators and/or assigns. The Purchaser agrees that he will not record or assign this Agreement or any of his rights hereunder without the written consent of the Seller. Any notice to be given hereunder shall be in writing and sent by first class mail to the parties at the address above given, or at such address as either party may here after designate to the other in writing, or to their respective attorneys. 12. Trust Funds. The Seller will hold all monies received directly or through its agents or employees in trust until the closing of title, or Seller will post a surety bond issued by a New York insurance company or a letter of credit issued by an institutional lender securing to such amount under the terms of the Offering Plan of Purchase Agreement. If no bond or letter of credit is posted, such funds will be held as trust funds pursuant to Section 352-h and Section 352-e-2(b) of the General Business Law in a segregated special interest bearing escrow account entitled "Summit Estates Special Account" in Norstar Bank, Route 58, Riverhead, New York. Such deposit together with interest accumulated thereon shall remain the property of the Purchaser until consummation of the transaction or until Such time as either party is entitled to said funds pursuant to the terms of the Purchase Agreement and the Offering Plan. Interest earned on said funds shall be paid to the Purchaser at closing. Richard F. Lark, Esq., Main Road, Cutchogue, New York, attorney for s~ller, shall be the sole signatory required to withdraw any of such funds. Such funds will be payable to'the Seller upon the closing of title to the Lot conveyed by the Purchase Agreement. In the event of default by the Purchaser under such Purchase Agreement, which default continues for ten (10) days after written notice by certified mail, return receipt requested or other means which evidences receipt by the Purchaser, of such default from the Seller to the Purchaser is received by the Purchaser, the down payment of 10% of the purchase price plus the cost of any extras will be released to the Seller from such account as liquidated damages, and thereafter neither party shall have any rights or obligations to or against the other. 13. Victorian agrees to brokerage Broker. The parties agree that no broker, except Realty Corp., brought about this sale, and Purchaser indemnify Seller against any claim brought by anyone for fees based upon Purchaser's act. 14. Prohibition Aqainst advertisin~ of Lot for Sale. The placing of an advertisement for the sale of this Lot in any newspaper prior to closing will constitute a material breach of this Agreement entitling Seller to retain monies paid on account of this Agreement plus the cost of extras as liquidated damages. 15. Purchasers-Agents for Each Other. If two or more persons are named as the Purchaser herein, any one of them is hereby made agent for the other in all matters of any and every kind or nature affecting the premises herein or this Agreement. 16. Delivery of Purchase ~areement. This Purchase Agreement shall not be binding on Purchaser until it is accepted, by endorsement hereon by the Seller and a fully signed copy thereof shall have been delivered or mailed to Purchaser. If this Agreement shall not be accepted within fifteen (15) days of the date hereof by the delivery or mailing to Purchaser of such endorsed and fully signed copy, this Purchase Agreement shall be deemed to be rejected and cancelled and Purchaser's deposit shall be promptly refunded within ten (10) days thereafter. 17. Liability of ProDert¥ Belonging to Purchaser. It is understood and agreed that the Seller will accept no liability whatsoever for any property belonging to the Purchaser, their agents, employees, family, or belonging to any party other than Seller which is placed on the lot prior to the closing of title. No act of the Seller, whatever its nature, shall constitute a waiver of this Paragraph. 18. Execution of Required Documents. Purchasers agree to deliver to Seller all documents including without limitation, the New York Real Property Transfer Gains Tax Transferee Affidavit appended hereto as Exhibit A, which shall be executed before a notary and delivered to Seller along wi~h the PurchaSe Agreement, and to perform all acts required by the Seller to carry out the provisions of the Offering Plan, establish the Association and conform to the provisions of all applicable laws and regulations. This Paragraph shall survive delivery of the deed. 6 19. Entire ~qreement. This Agreement states the entire understanding of the parties and .the.Seller shall not be bound by any oral representations or Agreements. GU~NARRF~LTY CORP. By: Purchaser Purchaser M4 FINANC~ New York State REAL PROPERTY TRANSFER GAINS TAX Ouesfio.nnaire TRANSFEREE NOTE: $0. lratrdc:~oru (TP.$8 I-~, $ictJofl B bt fore completing this form- (Chcck ,4ppli¢#~/~ ~ez) · Dali of Ant;r~patt. d Transfer LOCATION OF ~-OPERTY TO BE TR],NSFEARED ILln each Jot j.~ratoly) Add~m Co~nw COMPLETE LINES 1. 2 AND 3 1 2 3 EXHIBIT A 63 '. DEED THIS INDENTURE made the day of , 19 , between GUSMAR REALTY CORP., having a place of business at 13-07 37th Avenue, Long Island City, New York 11101, Party of the First Part and residing at Party of the Second Part, N I T N E S B E T H: That the party of the First Part, in consideration of Ten Dollars ($10.00), lawful money of the United States, and other good and valuable considerations, paid by the Party of the Second Part, does hereby grant and release unto the Party of the Second Part, the heirs or successors and assigns of the Party of the Second Part forever, ALL that certain piece or parcel of real property, with the improvements therein contained, situate, lying and being in East Marion, Town of Southold, County of Suffolk and State of New York and more particularly described on Schedule A annexed hereto and made a part hereof. Subject to covenants, restrictions, reservations and easements of record. AND TOGETHER with the benefits and subject to the burdens, covenants, restrictions, by-laws, rules, regulations and easements all as set forth in the Declaration of Covenants, Restrictions, Easements, Charges and Liens made by the Party of the First Part dated 19 , and recorded in the Office of the Clerk of Suffolk County on the day of , 19 , in Liber of Conveyances at page TO HAVE AND TO HOLD the premises herein granted unto the Party of the Second Part, the heirs or successors and assigns of the Party of the Second Part forever. AND the Party of the First Part coyenants that the Party of the First Part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the Party of the First Part, in compliance with Section 13 of the Lien Law, covenants that the Party of the First Part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied EXHIBIT E 64 first for the purpose of paying the cost of the improvement before using any part of the total of the same for any other purpose. This conveyance has been made in the regular course of business actually conducted by the Party of the First Part. The word "Party" shall be construed as if it read "Parties" whenever the sense of this indenture so requires. iN WITNESS WHEREOF, the Party of the First Part has duly executed this deed the day and year first above written. GUSHARR~TY CORP. By: STATE OF NEW YORK ) : SS.: COUNTY OF ) On this day of , 19 , before me personally came , to me known, who being by me duly sworn, did depose and say that he is the President of GUSMAR REALTY CORP., the corporation described in, and which executed the foregoing instrument, that he knows the seal of said corporation, that the seal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Notary Public SUMMIT ESTATES '.7.. ,,~ ~'.- m*~,~?.":-_-- 65 EXHIBIT F 66 (; EAST MARION STIRLI . - [. clcw.~ p~ $oIJTHOLD Yay B~ch HOLD EXHIBIT G 1964 COE( CERTIFICATION BY sPONSOR AND SPONSOR'S PRINCIPALS PURSUANT TO 13 NYCRR 22.4 (b) Dated: August 26, 1991 State of New York Department of Law 120 Broadway - 23rd Floor New York, NY 10271 RE: SUMMIT ESTATES HOME OWNERS ASSOCIATION Gentlemen: We are the sponsor and the principals of sponsor of the homeowners association offering plan for the captioned property. We understand that we have primary responsibility for compliance with the provisions of Article 23-A of the General Business Law, the regulations promulgated by the Attorney General in Part 22 and such other laws and regulations as may be applicable. We have read the entire offering plan. We have investigated the facts set forth in the offering plan and the underlying facts. We have exercised due diligence to form a basis for this certification. We Jointly and severally certify that the offering plan for the homeowners association does, and that documents submitted hereafter by us which amend or supplement the offering plan for the homeowners association will: (i) set forth the detailed terms of the transaction and be complete, current and accurate; (ii) afford potential investors, purchasers and participants an adequate basis upon which to found their judgment; (iii) not omit any material fact; (iv) not contain any untrue statement of a material fact; · (v) not contain any fraud, deception, concealment, suppres- sion, false pretense or fictitious or pretended purchase or sale; (vi) not contain any promise or representation as to the fu- ture which is beyond reasonable expectation or unwar- ranted by existing circumstances; ~ (vii) not contain any representation or statement which is false, where we: (a) knew the truth; (b) with reason able effort could have known the truth; (c) made no reasonable effort to ascertain the truth, or (d) did not have EXHIBIT H 68 knowledge concerning the representations or statement made. This certification is made under penalty of perjury for the benefit of all persons to whom this offer is made. We understand that violations are subject to the civil and criminal penalties of the General Business Law and Penal Law. Very truly yours, GUSMAR REALTY CORP. ~ANTELIS FAK~RIS, President SPONSOR' S PRINCIPALS: BA~4TEL~S FAKIRIS Sworn to before me this ~G~ day of f~3&o%7 , 199~. Notary Public DONNA NL I~U~AUER i~GIARY PUE~LIC, .~ale ef New Ymk Ne, -2- State of New York 'Department of Law 1:20 Broadway- 23rd floor New York, New York 10271 69 10 Mitchell Road Westhampton Beach, NY 11978 (516) 288-4343 October 24, 1991 Summit Estates Home Owners' Association The Sponsor of the above-captioned Home Owners Association /as retained me to review the schedule containing projections of income nd expenses for the first year of operation. My experience in this field includes the current manaciement of two (2) multi-family properties with many similarities to the ~'aptioned property as well as over ten CIO) years experience in managing condomin- iums and cooperatives. I understand I am responsible for complying with Article 23-A of the General Business Law and the regulations promulgated by the Attorney General in Part 22 insofar as applicable to the schedule. I have reviewed the schedule and investigated the facts set forth in the schedule and the underlying facts with due diligence in order to form a basis for this certification, l have also relied on my experience in managing residential property. I certify that the projections inthe schedule appear reasonable and adequate under existinq circumstances, and fhe ' income · - . projected appears to be sufficient to ~ ' m.e~ the anticipated operating expenses for the projected first year of Association operation. I cei'tify that the schedule: I) sets forth in detail the terms of the transaction as it relates' to the schedules and be complete, current and accurate,; 2) affords potential investors, purchasers., and participants an' adequate basis upon which to found their judgment; 13) does not omit any material fact; 4) does not contain any untrue statement of a material fact; ,5) doesn't contain any fraud, deception, concealment or suppression; 6) doesn't contain any promise or representation as to the future EX/tIBIT I 23 TABLE OF COI','TENTS ARTICLE ARTICLE Section ARTICLE ~RTICLE Section Section Section ARTICLE Section Section Section Section Section ARTICLE Section Section Section Section Section ARTICLE Section ARTICLE ARTICLE Section Section Section Section Section Section II. 1. III. IV. 1. 2. 3. 2. 3. 4. 5. VI. 1. VII. 1. VIII. IX. 1. DEFINITIONS ............................. PROPERTY SUBJECT TO THIS DECLARATION .... Properties .............................. MEMBERSHIP ANDVOTIN~ RIGHTS IN THE ASSOCIATION ......................... PROPERTY RIGHTS IN THE PROPERTIES ....... Members' Easements of Enjoyment ......... Title to Common Properties .............. Extent of Members' Easements ............ DEVELOPMENT OF SUM}~IT ESTATES .......... Summit Estates ......................... Easement ............................... Reservation of Easements ............... Encroachments on Lots .................. Easement for Emergency Access .......... COVENANT FOR M~INTENANCE ASSESSMENT ...... Creation of the Lien and Personal Obligation ............................... Purpose of the Assessment ................ Assessments .............................. Due Dates; Duties of the Board of Directors ................................ Effect of Non-Payment of Assessments; The Personal Obligation of the Member; The Lien, Remedies of the Association .... INSURANCE. USE OF PROPERTY .......................... GENERAL PROVISIONS ........... ~ ........... Beneficiaries of Easements Rights and Privileges ........................... Duration and Amendment ................... Disposition of Assets up6n Dissolution of Association.. Administration .............. Severability ............................. ]~a~e 2 2 2 4 4 4 5 5 6 6 6 6 6 7 7 8 8 8 9 9 10 10 11 11 11 DECLARATION OF COVENANTS, RESTRICTIONS, ~ASEMENTS, CI~RGES AND LIEN~ Declaration made as of this day of 199 , by Gusmar Realty Corp., a New York corporation, with office~ at 13- 07 37th Avenue, Long Island City, New York hereinafter referred to as "Declarant,,. W I T N E S S E T ~: WHERF2%S, Declarant is the owner of the real property described in .Article II of this Declaration and shown on the filed subdivision map which Declarant desires to develop as a residential community with various permanent open spaces and other common facilities for the benefit of said Community; and WHEREAs, Declarant desires to provide for the preservation of the values and amenities in said Community and for the maintenance of the open spaces and other common facilities; and, to this end, desires to subject the real property described in Article II to the covenants, restrictions, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and WHEREAS, Declarant has deemed it desirable/for the efficient preservation of the values and amenities in said Community to create an agency to which should be delegated and assigned the ~owers of maintaining and administering the Community property and improvements and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and WHEREAS, Declarant has incorporated Summit Estates Home Owners Association, Inc. under the not-for-profit corporation laws of the State of New York for the purpose of exercising the aforesaid functions; NOW THEREFORE, the Declarant, for itself, its successors and assi ns' · g , declares that the real property described in Article II is and shall be held, transferred, sold, 'conveyed and occupied subject to the covenants, restrictions, easements, Charges and liens (sometimes referred to as "covenants and re~trictions.) hereinafter set forth.. 1 25 ARTICLE I. DEFINITIONS The following words.when used in this Supplemental Declaration shall, unless the prohibits, have the meanings set forth below: Declaration or any context otherwise (a) "Association,, shall mean and refer to S,~mm[t Estates Home Owners Association, Inc.,.a New York Not-for-Profit corporation. (b) "The Properties" shall mean and refer to all such existing properties as are subject to this Declaration. (c) "Owner" shall mean and refer to the record owner of fee simple title to any Lot and any Home thereon, including the Declarant with respect to any unsold Lot. Every Lot Owner shall be treated for all purposes as a single owner for each Lot held, irrespective of whether such ownership is joint, in common or tenancy by the entirety. Where such ownership is joint, in common or' tenancy by the entirety, a majority vote of such owners shall be necessary to cast any vote to which such owners are entitled and not more than one vote may be cast with respect to any such lot. (d) "Member" shall mean 'and refer to each holder of a membership interest in the Association, as such interest is set forth in Article III. (e) "Development" shall mean Summit Estates, a subdivision for residential use being developed on The Properties. (f) "Declarant', shall mean and refer to Gusmar Realty Corp., and his successors and assigns, if such successors and assigns should acquire an undeveloped or a developed but unsold portion of the Properties from the Declarant for the purpose of development. (g) "Common Properties', or "Common Areas" shall mean and refer to certain areas of land other than individual lots as shown on the filed subdivision map and intended to be devoted to the common use and enjoyment of the owners of the Properties. (h) "Lot" shall mean and refer to any plot of land intended and subdivided for residential uses shown on the subdivision map of the-Properties but shall not include the Common Areas as herein defined. ARTICLE II. PROPERTY SUBJECT TO THIS DECLARATION Section 1. Properties. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this ~claration is all that certain plot, piece or parcel of land ltuate, lying and being in East Marion, Town of Southold, County ----! --s of Suffolk and State of New Yo~k, being more particularly'bounded and described in Exhibit "A" annexed hereto. ARTICLE III. MEMBERSHIP ~ND VOTING RIGHTS IN THE ASSOCIATION The Association shall have one class of membership interest. The owner of a lot on The Properties subject to this Declaration shall be a member. Each member is entitled to one vote. When more than one person or entity holds such interest in any Lot, the one vote attributable to such Lot shall be exercised as such persons mutually determine and not more than one vote may be cast with respect to any such Lot. No Member shall split or divide its votes on any motion, resolution or ballot. ARTICLE IV. PROPERTY RIGHTS IN THE PROPERTIES Section 1. Members' Easement of Enjoyment. Subject to the provisions of Section 3, every Member shall have a right and easement of enjoyment in and to the Properties and such easement shall be appurtenant to and shall pass with the title to every Lot and any Home that may he constructed thereon. Section 2. Title to Common Properties. Prior to conveyance of title to the first Lot on the Properties, the Declarant shall conyey to the Association legal title to the Common Properties subject, however, to the following covenant which shall be deemed to run with the land and shall be binding upon the Association, its successors and assigns: In order to preserve and enhance the property values and amenities of the Development, the Common Properties and all facilities now or hereafter built or installed thereon, shall at all times be maintained in good repair and condition and shall be operated in accordance with high standards. This Section shall not be amended, as provided for in Article IX, Section 2, to reduce or eliminate the obligation for maintenance and repair of the Common Properties. Section 3. Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following: (a) The right of the Association, as provided in its By-Laws to suspend the enjoyment rights of any Member for a period during which any assessment remains unpaid and for any period not to exceed thirty (30) days for any infraction of its published'rules and regulations; 3 27 (b) The right of the Association to dedicate or transfer all or any part of the Common Properties to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by Members and their mortgagees entitled to cast eighty (80%) percent of the eligible votes has been recorded agreeing to such dedication, transfer, purpose or condition and unless written notice of the action is sent to every Member at least ninety (90) days in advance of any action taken. (c) The right of the Declarant and of the Association to grant and reserve easements and rights-of-way, in, through, under, over and across the Properties, for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewer, drainage, cable television and other utilities, and the right of the Declarant to grant and reserve easements and rights-of-way, in, through, under, over, upon and across the Properties for the completion of the Declarant's work under Section i of Article V. (d) The right of the Owner of Lot No. 3 to have the exclusive use of the dock facility adjacent to Common Area Parcel D. The Owner of Lot No. 3 shall pay all costs in connection with the maintenance, repair and operation of such Dock including insurance premiums. This Paragraph 3(d) shall not be amended without the written consent of the Owner of Lot No. 3. ARTICLE ¥. DEVELOPMENT OF SUMMIT ESTATES Section 1. S"mmit Estates. Declarant intends to subdivide 35 residential Lots on a portion of the total of approximately 40.82 acres of land which will comprise the Properties. Declarant further intends to improve certain of the Common Properties for the benefit of the Owners of the individual lots. Section 2. Easement. Declarant does hereby establish and create for the benefit of the Association and for all Owners from tame to time of Lots subject to this Declaration and does hereby give, grant and convey to each of the aforementioned, the following easements, licenses, rights and privilege~: (i) Right-of-way for ingress and egress by vehicles or on foot, in, through, over, under and across the Common Areas COmprising a portion of the Properties (as shown on the filed map as they may be built or relocated in the future) for all purposes; 4 28 (ii) Rights to connect with, maintain and make 'use of utility lines, wires, pipes, conduits, cable television lines, sewers and drainage lines which may from time to time be in or along the streets and roads or other areas of the Properties. ~ Reservation of Easements. Declarant reserves the easements, licenses, rights and privileges of a right-of-way in, through, over, under and across the Properties, for the purpose of completing its work under Section i above and towards this end, reserves the right to grant and reserve easements and rights-of- way in, through, under, over and across the Properties, for the installation, maintenance and inspection of lines and appurtenances for public or private water, sewer, drainage, cable television, gas and other utilities and for any other materials or services necessary for the completion of the work. Declarant also reserves the right to connect with and make use of the utility lines, wires, pipes, conduits, cable television, sewers and drainage lines which may from time to time be in or along the streets and roads of other areas of the Properties. In addition, Declarant and any Selling Agent retained by Declarant reserves the right to continue to use the Properties and any sales offices, unsold Lots, signs, parking areas and any Model Homes that may be built by the Declarant located on the Properties in its efforts to market Lots contained on the Properties. In addition, Declarant reserves the right to grant any of the above easements to any purchaser of a Lot or any person or entity acquiring a portion of the Property for development purposes. This Paragraph may not be amended without the written consent of Declarant. Section 4. Encroachments on Lots. In the event that any portion of any roadway, walkway, driveway, water lines, sewer lines, septic tank, leaching pool, electric meter, utility lines, or any other structure as originally constructed by Declarant encroaches on any lot or the Common Areas, it shall be deemed that the owner of such lot or the Association has granted a perpetual easement to the owner of the adjoining lot or the Association as the case may be for continuing maintenance and use of such encroaching roadway, walkway, driveway, water line, sewer line, septic tank, leaching pool, electric meter, utility line, or structure. The foregoing shall also apply to any replacements of any such roadway, walkway, driveway, water lines, electric meter, sewer, lines, septic tank, leaching pool, utility lines, or structure if same are constructed in substantial conformance to the original. In the event any Common Area is d~sturbed by an Owner as a result of repair, maintenance or replacement to any of the above which services that Owner's Lot or any Home constructed thereon, the Owner shall replace the disturbed Common Area to the condition it was in prior to the disturbance. The foregoing conditions shall be perpetual in duration and shall not be subject to amendment of these covenants and restrictions. 5 29 Section 5. Easement for Emergency Access. Declarant does hereby establish an easement of ingress and egress .over the roadways in the Development for the benefit of all emergency vehicles and personnel including but not limited to police, fire and medical purposes. ARTICLE VI. COVENANT FOR M~INTENANCE ASSESBMEI~TS Section 1. Creation of the Lien end Personal Obligation. The Declarant, for each Lot owned by it within the Properties, hereby covenants and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be expressed in any such deed or other conveyance, shall be deemed to covenant and agree, to pay to the Association such assessments as are fixed by the Association's Board of Directors and assessed to the Members as hereinafter provided. All sums assessed to the Association but unpaid, together with such interest thereon as is hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property owned by such Member against which each such assessment is made. Bach such assessment, together with interest thereon and cost of collection thereof, as hereinafter provided shall be a personal obligation of the person who was the Owner of such property at the time when the assessment fell due. Section 2. Purpose of the Assessment. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the Owners in the Properties as a community and in particular for the improvement and maintenance of properties, services and facilities devoted to this purpose and related to the use and enjoyment of the Common Properties and of the Lots situated upon the Properties, including, without limiting the foregoing, the payment of taxes (if any]., insurance thereon, and repair, replacement and additions thereto, and the cost of labor, equipment, materials, services, management and supervision thereof. Section 3. Assessments. The Association's Board of Directors shall, from time to time, but at least annually, fix and determine the budget representing the sum or sums necessary and adequate for the continued operation of the Association and shall send a copy of the budget and any supplement to the budget to each Member prior to assessing the Members thereon. The Board .shall determine the total amount required, including the operational items such as insurance, repairs, reserves, maintenance and other operating expenses, as well as charges to cover any deficits from prior years and capital improvements approved by the-Board. The'total annual requirements and any supplemental requirements shall be allocated between, assessed to, and paid by the Members as follows: Each Member shall pay a portion of said requirements, the numerator of which shall be one (1) and the denominator of 6 30 which shall be equal to the number of Lots on the Properties subject to this Declaration to a maximum of thirty-five (35). The Declarant,s obligation for such assessments on unsold Lots subject to this Declaration will be limited to the difference ~etwee~ the actual operating costs o~ the Association, Including reserves on the Common Properties, and on Lots to which title has been conveyed and the assessments levied on OWners who have closed title on their Lots. In no event, however, will the Declarant be required to make a deficiency contribution in an amount greater than it would otherwise be liable for if it were paying assessments on unsold lots. The sum due the Association from each individual Lot Owner shall constitute an assessment of the Board of Directors and unpaid assessments shall constitute ~iens on th? individual.Lots, sub3ect to foreclosure as hereinafter provided. In addition, the Owner of Lot No. 3 will pay all costs in connection with the repair, maintenance and Operation of the dock located adjacent to Common Area Parcel D for which it has the exclusive use. section 4. Due Dates; Duties of the Board of Directors. All Assessments shall be payable monthly in advance or by such Other procedure as ordered by the Board of Directors. The Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each Lot and shall prepare a roster of the Lots and assessments applicable thereto which shall ~e kept in the office of the Association and shall be open to inspection by any Member. Upon the written request of a Member or his mortgagee, the Board shall promptly furnish such Member or his mortgagee with a written statement of the Unpaid charges due from such Member. Section 5. Effect of Non-Payment of ~ssessment, The ~ersonal Obligation of the Member; The Lien, Remedies of the Association. If an assessment is not paid on the date when due, as fixed by the Board of Directors, then such assessment shall become delinquent and sh~ll, together with .such interest thereon and cost of Collection thereof as hereinafter provided, thereupon become a ~ontinuing lien on the Member,s Lot which shall bind ~uch property in the hands of the Member, his heirs, devisees, personal representatives and assigns. Such lien shall be prior to.all other liens except: (a) tax or assessment liens on the Lot by the taxing S~bdivislon of ~-- 1--~ - ~ governmental authority,~ iqcluding ~ut not (;~a=e~ to State, County and School DistrAct :axlng agencies; and all SUms Unpaid on any first mortgage of record encumbering the Lot. The personal obligation of the Member who was the Owner of the Lot when the assessment fell due to pay such assessment, however, shall remain his personal obligation for the statutory Period and shall not pass to his successors in title unless expressly assumed by them. 7 If the assessmeWt is not paid within fifteen (15) days'after the delinquency date, the assessment shall bear interest from the date of delinquency at the. maximum permissible rate in the State of New York and the Association may bring an action at law against the Member orformer Member personally obligated to pay the same and may foreclose the lien against the property. There shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment Shall include interest on the assessment as above provided and reasonable attorney's fees to be fixed by the court together with the cost of the action. ARTICLE VII. INSURANCE Section 1. common Areas. The Board of Directors shall maintain public liability insurance, to the extent obtainable, covering each association Member, lessee and occupant and the managing agent, if any, against liability for any negligent act of commission or omission attributable to them which occurs on or in the Common Properties. To the extent obtainable and necessary the Board of Directors shall also be required to obtain worker's compensation insurance. Ail insurance premiums for such coverage shall be paid for by the Association. ARTICLE VIII. USE OF PROPERTY The use of a Lot by a Member or other occupant shall be subject to the rules, regulations and provisions of this Declaration, the By-Laws and Rules and Regulations of the Board of Directors and the following covenants and restrictions: (a) The Lots and any Home thereon shall be maintained in good repair and overall appearance. (b) Any Member who mortgages or sells his Lot or any Home thereon shall notify the Board of Directors providing the name and address of his mortgagee or new owner. (c) The Board of Directors shall, at the request of the mortgagee of the Lot or Home thereon, report any delinquent assessments due from the' Owner of such Lot or Home thereon. (d) No nuisances shall be allowed upon the property nor shall any use or practice be allowed which is a source of annoyance to residents or which interferes with.,the peaceful possession and proper use of the property by its residents. (e) No improper, offensive or unlawful use shall be made of the property nor any part thereof, and all valid laws, 32 zoning ordinances, the regulations of all governmental bodies having jurisdiction thereof, shall be observed. (f) Regulations promulgated by the Board of Directors concerning the use of the property shall be observed by the Members. (g) The maintenance assessments shall be paid when due. (h) No resident of the Community shall post any advertisement or posters of any kind including "for sale" or "for rent" signs on any Lot or the Common Area, except as authorized by the Board of Directors. (i) No Owner shall move, remove, add or otherwise change the landscaping on common area. (j) No Owner shall make or permit any disturbing noises in any building or do or permit anything to be done therein, which will interfere with the rights, comforts or conveniences of other Owners. (k) Any Homes built on the Lot may be used for residential purposes only in accordance with Municipal Zoning Regulations. (1) The Common Area shall not be obstructed, littered, defaced or misused in any manner. (m) Every member shall be liable for any and all damage to the Common Area and the property of the Association, which shall be caused by said Owner or such other person for whose conduct he is legally responsible. (n) No activities shall be conducted, nor shall any improvements be constructed on the Properties which are or might be unsafe or hazardous to any person, or Home on a Lot in the Development. The above provisions shall not apply to the Declarant unless required: (a) to comply with applicable municipal laws or regulations, or (b) to remed~ any notice of violation. ARTICLE IX. GENERAL PROVISIONS Section 1. Beneficiaries of Easements, Rights and Privileges. The easements, licenses, rights or privileges established, created and granted by this Declaration shall be for the benefit of and restricted solely to, the Association and the Owners of Lots or any Homes that may be constructed thereon on The Properties and any Owner may also grant the benefit of such easement, license, right 9 33 or privilege to his tenants and guests of any Home built on a Lot and their immediate families for the duration of their tenancies or visits, subject in the case of the Common Properties to the Rules and Regulations of the Board of Directors, but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public. Section 2. Duration and Amendment. The covenants and restrictions of this Declaration shall run with, and bind the land, and shall inure to the benefit of, and be enforceable by the Association, any Member, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns, until December 31, 2052, unless otherwise expressly limited herein, after which time, said covenants and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by sixty-six and two-thirds (66 2/3%) percent of the members has been recorded, agreeing to change said covenants and restrictions in whole or in part. Notwithstanding the foregoing, the easements, licenses, rights and privileges established and created with respect to the Properties by Section 2 of Article V shall be perpetual, run with the land, and shall survive any destruction, reconstruction and relocation of the physical structure, unless said provision is abrogated by the unanimous written consent of all the members. Unless specifically prohibited herein, this Declaration may be amended by an instrument signed by Members holding not less than sixty-six and two-thirds (66 2/3%) percent of the votes of the membership. Any amendment must be properly recorded to be effective. Section 3. Disposition of Assets Upon Dissolution of Association. Upon dissolution of the Association, its real and personal assets, including the Common Properties, shall be dedicated to an appropriate public agency or utility to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Association. In the event such dedication is refused acceptance, such assets shall be granted, conveyed and assigned to any non-profit corporation, association, trust or other organization to be devoted to purposes as nearly as practicable the same as those to which they were required to be devoted by the Association. No such disposition of the Association properties shall be effective to divest or diminish any right or title to any Member vested in him under the licenses, covenants and easements of this Declaration, or under any subsequently recorded covenants, deeds or other documents applicable to the Properties, except as may be otherwise provided in this Declaration or said covenants,'deeds or other documents, as the case may be, nor shall any other party under any such deeds, covenants or other documents be deprived of any rights thereunder on account of such disposition. 10 34 Section 4. Notices. Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing. Section 5. &4ministration. The administration of the Association shall be in accordance with the provisions of the Association By-Laws'which are made a part of this Declaration and attached hereto as Exhibit "B". ~ection 6. Severabilit~. Invalidation of any of the covenants, limitations or provisions of this Declaration by judgment or court order shall in no way affect any of the remaining provisions hereof and the same shall continue in full force and effect. GUSMARREALTY CORP., By: , President STATE OF NEW YORK ) : SS.: COUNTY OF ) day of On this , 19 , before me personally came , to me known, who being by me duly sworn, did depose and say that he is the President of GUSMAR REALTY CORP., the corporation described in, and which executed the foregoing instrument, that he knows the seal of said corporation, that the seal affixed to said instrument is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Notary Public 11 35 CERTIFICATE OF INCORPORATION OF SUMMIT ESTATES HOME OWNERS ASSOCIATION, INC. (Under Section 402 of the Not-for-Profit Corporation Law) IRA J. ADLER, being of the age of eighteen years or over, for the purpose of forming a corporation pursuant to Section 402 of the Not-for-Profit Corporation Law of New York, does hereby certify: FIRST= The name of the corporation is SUMMIT ESTATES HOME OWNERS ASSOCIATION, INC. (the "Corporation"). SECOND= That the Corporation is a corporation as defined in subparagraph (a) (5) of Section 102 of the Not-for-Profit Corporation Law. THIRD: The purpose or purposes for which the Corporation is formed are as follows: A. To promote the health, safety and welfare of the owners of residential lots in a subdivision proposed by Gusmar Realty Corp., on lands situated at Shipyard Lane, East Marion, County of Suffolk, State and City of New York; and for this purpose: (1) To own, acquire, operate and maintain land and facilities for passive, recreational and community use, including personal property incidental thereto, hereinafter referred to as "the Common Properties"; and (2) To enforce any and all covenants, restrictions and agreements applicable to the residential lots.within the above described subdivision and the Common Properties, hereinafter collectively referred to as "the Properties", (the enforcement of which is not specifically and' exclusively reserved to others). EXHIBIT B 36 B. To make and perform any contracts and do any acts and things, and exercise any powers suitable, Convenient, proper or incidental for the accomplishment of any objectives enumerated herein and in the Declaration and By-Laws of the Corporation, but not for the pecuniary profit or financial gain of its members, directors or officers except as permitted under Article 5 of the Not-for-Profit Corporation Law. C. The Corporation, in furtherance of its corporate purposes above set forth, shall have the powers enumerated in Section 202 of the Not-for-Profit Corporation Law, subject to any limitations provided iht he Not-for-Profit Corporation law or any other statute of the State of New York. FOURTH= The Corporation shall be a Type A Corporation pursuant to Section 201 of the Not-for-Profit Corporation Law. FIFTH: This Certificate may be amended pursuant to the provisions of the Not-for-Profit Corporation Law. SIXTH: The office of the Corporation will be located in the County of Suffolk, State of New York. SEVENTH: The Secretary of State is hereby designated as the agent of this corporation upon whom process against this corporation may be served. The post office address to which the Secretary of State shall mail a copy of any process against this corporation served upon him as agent of this corporation is. c/o Gusmar Realty Corp., 13-07 37th Avenue, Long Island City, New York 11101. EIGHTH: The name and .address of the initial Board of Directors are as follows: Pantelis Fakiris, Petroula Fakiris and Danield F. Dragonetti, 1307 37th Avenue, Long Island City, New York 11101. IN WITNESS WHEREOF, I have made and signed this Certificate this day of , 1991 and, to the best of my knowledge, 37 I affirm the statements contained herein as true under penalties of perjury. IRA J. ADLER 90 Merrick Avenue East Meadow, New York 11554 STATE OF NEW YORK cOUNTY OF NASSAU On this day of 199 , before me personally came IRA J. ADLER, to me known and known to me to be the individual described in and who executed the foregoing instrument, and he duly acknowledged that he had executed the same. .Notary Public 38 BY-I~WS OF SUMMIT ESTATES HOME OWNERS ASSOCIATION~ INC. CERTILMAN BALIN /~DLEH & HYMAN Attorneys for the SponsoF 90 Merrick Avenue East Meadow, New York 11554 EXHIBIT C 39 BY-LAWS OF SUMMIT ESTATES HOME OWNERS ASSOCIATIONt INC. T~BLE OF CONTENTS ARTICLE NAME, LOCATIONAND PRINCIPAL OFFICE ARTICLE II. DEFINITIONS ARTICLE III. pURposE ARTICLE IV. APPLICABILITY ARTICLE V. USE OF FACILITIES ARTICLE VI. MEF~BERSHIP AND VOTING RIGHTS Section 1. Membership . ARTICLE VII. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. QUORUM, PROXIES AND WAIVERS Quorum .... Vote Required to- ' ' ' - ~ ' 'TranSaCt'Business Right to Vote Proxies Waiver and Consent Place of Meeting . Annual Meetings Special Meetings . Notice of Meetings Order of Business ARTICLE VIII. Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. BOARD OF DIRECTORS Number and term Voting and Right 'o~ ~e~e~o~e; ~o'D;s~g~ate Certain Board Members Vacancy and Replacement Removal Powers Compensation.. Meetings ~ Annual Statement Fidelity Bonds ARTICLE IX. Section Section Section Section OFFICERS . Eleotive ;f t s;s' 2. Election . Appointive &f~i~ers 4. Term . 1 1 2 2 2 3 3 3 3 3 3 4 4 4 4 4 4 4 5 5 5 5 6 6 8 8 9 9 9 9 9 9 9 Section Section Section Section Section 5. The President 6. The Vice President . 7. The Secretary 8. The Treasurer 9. Agreements, etc. ~%RTICLE X. Section Section NOTICES 1. Definitions . ARTICLE XI. Section Section Section Section Section Section Section Section Section ASSESSMENTS AND FINANCES . Creation of the Lien and personal Obligation of Assessments. 2. Purpose of Assessments· 3. Basis of Assessments 4. Date of Commencement ~f'A~sessments: Due Dates . 5. Effect of Non-Payment of AsSessment: 6. Subordination of Lien to Mortgages 7. Checks . 8. Operating Account 9. Other Accounts . ARTICLE XII. AMENDMENTS . ARTICLE XIII. SELLING, LE~SIN~ AND GIFTS OF HOMES Section 1. Selling and Leasing Homes Section 2. Gifts, etc. ARTICLE XIV. Section Section Section Section Section GENERAL PROVISIONS . 1. Fiscal Year . 2. Seal . 3. Examina[ion of Books and Records . 4. Construction 5. Severability Page 10 10 10 10 11 11 · 11 11 11 11 11 11 11 11 12 12 12 12 12 12 · . 12 13 13 13 13 13 14 14 ii 41 BY-L~wS OF SUMMIT ESTATES HOME OWNERS ASSOCIATIONt INC. A New York Not-for-Profit Corporation ARTICLE I. NAME. LOCATION kND PRINCIPAL OFFICE These are the By-Laws of S~mmit Estates Home Owners Association, Inc. hereinafter referred to as the "Association". The principal office of the Association shall be located at Shipyard Lane, East Marion, County of Suffolk and State of New York. ARTICLE II. DEFINITIONS The following words when used in these By-Laws shall, unless the context otherwise prohibits, have the meanings set forth below: (a) "Association', shall mean and refer to S~mmtt Estates Home Owners Association, Inc., a New York Not-for-Profit Corporation. "Developer" shall mean and refer to Gusmar Realty Corp., a Solebproprietor and his successors and assigns if such successors and assigns should acquire an undeveloped or developed but unsold portion of The Properties from the developer for the purpose of development. (c) "Declaration" shall mean and refer to the Declaration of Covenants, Restrictions, Easements, Charges and Liens applicable to The Properties recorded among the land records in the Clerk of the County of Suffolk, New York. (d) "The Properties" shall mean and refer to all those areas of land described in and subject to the Declaration. (e) "Lot" shall mean and.refer to any plot of land in tended and subdivided for residential uses shown on the subdivision map of the Properties but shall not include the Common Areas as herein defined. (f) "Member" membership interest forth in Article VI. shall mean and refe~ to each h~lder of a in the Association, as such interest is set (g) "Home" shall mean and refer to all units of residential housing situated upon lots located on The Properties. (h) .owner" shall mean and refer to the record owner of fee simple title to any Lot, including the Developer with respect to any unsold Lot. Every Lot Owner shall be treated for all purposes as a single owner for each Lot held, irrespective of whether such ownership is joint, in common or tenancy by the entirety. Where such ownership is joint, in common or tenancy by the entirety, majority vote of such owners shall be necessary to cast any vote to which such owners are entitled, but not more than one vote may be cast with respect to any such Lot. (i) ,,Common Properties" or .Common Areas" shall mean and refer to certain areas of land other than individual Lots as shown on the filed subdivision map and intended to be devoted to the common use and enjoyment of the owners of the Properties. (j) ,,Development" shall mean S,,mmit Estates, consisting of residential Lots located on a filed subdivision map of the 35. Properties. /%RTICLE III. ~URPOS~ ' n This Associatlo Common Properties. is formed to own, operate and maintain the ~RTICLE IV. AppLICaBILITY Ail present and future Members shall be subject to these By-Laws and to the rules and regulations issued by the Association to govern the conduct of its Members. ~RTICLE V. USE OF F~CILITIES The Common Properties shall be limited to the use by the Members and their guests. In the event that a Member shall lease or permit another to occupy any Home located on a Lot, however, the lessee or occupant shall at the option of the Member, be permitted to enjoy the use of the Common Properties in lieu of and subject to the'same restrictions and limitations as said Member. However, both the Member and the Lessee may not use th~ facilities at the same time. Any Member, lessee or occupant entitled to the use of the Association facilities may extend such privilegesot° members of his family residing in his household by notifying the Secretary in writing of the names of any such persons and of the.relationship of such Member, lessee or occupant to such persons. 2 43 ARTICLE VI. MEMBERSHIP ~ND VOTING RIGHTS section 1. ~_embershiD. The Association shall have one class of membership interest as follows: The Owner of each Lot on the Properties shall be a member of the Association whether such ownership is joint, in common or tenancy by the entirety. Each member is entitled to one vote. When more than one person or entity holds such interest in any Lot, the one vote attributable to such Member shall be exercised ss such persons mutually determine but not more than one vote may be cast with respect to any such Lot. No member shall split or divide its votes on any motion, resolution or ballot. ARTICLE VII. QUORUMt PROXIES ]%ND WAIVERS Section 1. Quorum. So many Members as shall represent st least 51% of the total authorized votes of all Members present in person or re~resented by written proxy shall be requisite to and shall constitute a quorum at all meetings of the Association for the transaction of business, except as otherwise provided by Statute, by the Declaration, the Certificate of Incorporation of the Association or by these By-Laws. If, however, ~uch quorum shall, n~t be present or re~resented at any meeting of the Association, the Members entitled to vote thereat, present in person or represented by written proxy, shall have the power to adjourn the meeting. At least 5 days written notice of such adjourned meeting shall be given to all Members. At such adjourned meeting any business may be transacted which might have been transacted at the meeting originally called. At such adjourned meeting, so many members as shall represent at least 33 1/3% of the total authorized votes of all members shall constitute a quorUm. Section 2. Vote Required to Transact Business. When a quorum is present at any meeting, or the necessary number of members at any adjourned meeting, the vote of a majority of the Members present in person or represented by written proxy shall decide any question brought before such meeting and such vote shall be binding upon all Members, unless the question is one upon which by express provision of the Statute, Declaration, Certificate of Incorporation or of these By-Laws, a different-vote is required, in which'case such express provisions shall govern and control the decision of such question. Section 3. ~iqht to Vote. Members Shall be entitled to vote either in person or by proxy at any meeting of the Association. Any such proxy shall only be valid for such meeting or subsequent adjourned meetings thereof. 44 Section 4. Proxies. Ail proxies shall be in writing signed by the owner, and shall be filed with the Secretary prior to the meeting at which the same are to be used. A notation of such proxies shall be made in the minutes of the meeting. Section 5. Waiver and Consent. Wherever the vote of the membership at a meeting is required or permitted by Statute or by any provision of the DecIarat~on, Certificate of Incorporation or by these By-Laws to be taken in connection with any action of the Association, the meeting and vote of the membership may be dispensed with if all Members who would have been entitled to vote upon the action if such meeting were held, shall consent in writing to such action being taken. Section 6. Place of Meeting, Meetings shall be held at any suitable place convenient to the Members as may be designated by the Board of Directors and designated in the notices of such meetings. Section 7. Annual Meetings. The first annual meeting of the membership of the Association shall be held within six (6) months of the closing of the first Lot2 Thereafter, the annual meeting of the membership of the Association shall be held on such date as is fixed by the Board of Directors. At such meetings there shall be elected by ballot of the membership a Board of Directors in accordance with the requirements of Article VIII of these By Laws. The Members may also transact such other business as may properly come before the meeting. Section 8. Special Meetinqs. It shall be the duty of the President to call a special meeting of the Association, if so directed by the Board of Directors, or upon the presentation to the Secretary of a petition signed by a majority of the Members. Section 9. Notice of Meetinqs. It shall be the duty of the Secretary to mail a notice of each annual or special meeting, stating the purpose thereof as well as the time and place where it is to be held, to each Member at least ten but not more than thirty days prior to such meeting. The mailing of a notice in the manner provided in these By-Laws shall be considered notice served.. Section 10. Order of Business. all meetings shall be as follows: The order of business at (a) Roll call (b) Proof of notice of meeting or waiver of notice (c) Reading of minutes of preceding meeting (d) Report of officers (e) Report of committees 4 (f) Appointment of inspectors of election (in the event there is an election) (g) Election of Directors (in the event there is an election) (h) Unfinished business (i) Newbusiness ARTICLE VIII. BO~%RD OF DIRECTORS Section 1. ~ and term. The n,~mber of Directors which shall constitute the whole Board shall be three. An initial Board consisting of three Directors shall be designated by the Developer to serve until the first annual meeting of the Association. At the first annual meeting and at all subsequent annual meetings the Members shall vote for and elect three Directors to serve for one year terms and until their successors have been duly elected and qualified. All directors, other than those the Developer shall have the right to designate, must be either Members of the Association or ]~mediate family members of a member owning a Lot or residing in any Member's home that may be located on a Lot. As required by law, each Director shall be at least nineteen years of age. section 2. Board Members. entitled to one votinq and Riqht of Developer to Desianate Certain In an election of Directors, each Member shall be (1) vote. Notwithstanding the foregoing, the Developer shall have the right to designate two (2) or a majority of the Directors whichever is greater, until the fifth anniversary date of the closing of title to the first Lot (other than Lot No. 3) or until 90% of the Lots in the Development have closed title, whichever is sooner. Thereafter, the Developer shall have the right to designate one Director so long as it holds at least one membership. When the Developer no longer has any Lots for sale, it may not designate any Directors. Developer may not cast its votes to elect any Directors in addition to the designated Directors set forth above. The provisions of Article VIII Sections I and 2 may not be amended without the written consent of the Developer. Section 3. Vacancy and Replacement. If the office of any Director other than a Director appointed by the Developer, becomes vacant by reasons of death, resignation, retirement, disqualification, removal from office or otherwise, a majority of the remaining Directors, though less than a quorum, at a special meeting of Directors duly called for this purpose, sh=ll choose a successor, who shall hold office for the unexpired term in respect of which such vacancy occurred and until his successor is duly elected and qualified. In the event a Director appointed by Developer resigns, the Developer shall have the right to appoint another Director in his place. 5 GAlL S. SHAfFER SECRETARY Of StATe STATE Of NEW YORk DEPARTMENT OF STATE albaNY. N.Y. 12231-0001 October 8, 1991 Ms. Tanya Lachenmeyer Land Use Company 25'76 Sound Avenue Baiting Hollow, NY 11933 Re: F-91-542 ~.~.~ U.S. Army Corps ~ineers/NY District Permit Application Peter Fakiris Town of Southold Request for Dear Ms. Lachenmeyer: Pursuant to 15 CFR 930.58, the following data and information is necessary to enable the Department of State to adequately assess the coastal zone effects of this proposed project. Please justify the increase in the length and T section addition to this pier. What are the water depths in the vicinity of the addition? How many and what drafts of boats will be docked here? Pursuant to 15 CFR 930.60(a), the review of your consistency certification will begi~ after we receive and determine that the necessary data and information is adequate to assess coastal zone effects. Any additional information which you believe will facilitate our consistency review of this project would be appreciated. A copy of this letter has been sent to the U.S. Army Corps of Engineers. Ms. Tanya Lachenmeyer October 8, 1991 Page 2 Please call me at (518) 474-3642 if you have any questions. Sincerely, Mohabir Persaud Coastal Processes Technical Specialist MP/jtb cc: COE/NY District - Roberto Barbosa NYS DEC/Region 1 - Christine Costopoulos Town of Southold - Valerie Scopaz ,-)ARD MEMBERS .~owski, Jr., Chairman ge Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Qctober 15, 1991 Donna J. Geraghty Victorian Realty 11 West Main Street Riverhead, New York 11901 RE: Summitt Estates East Marion SCTM# 1000-35-8-5.3 Dear Ms. Geraghty: The Planning Board is in receipt of the maps dated April 12, 1991, which contain a stamp of approval from the Health Department. Please refer to the Planning Board's correspondence dated February 26, 1991, which itemizes the information that is needed before the Planning Board can schedule the final public hearing. A copy of this letter is enclosed for your convenience. Please contact this office if you require any additional information. Very truly yours, Bennett Orlowski, Jr.f "~$ Chairman enc. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 26, 1991 SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Donna J. Geraghty Victorian Realty Corporation 110 Front Street Greenport, New York 11944 RE: Su~nmit Estates SCTM~1000-35-8-5.3. Dear Ms. Geraghty: The following took place at a meeting of the Southold Town Planning Board on Monday, February 25, 1991. The preliminary public hearing, which was held open from February 4, 1991, was closed. The hearing was held open for the the Planning Board to review their previous SEQPJ% determination and classification. Although the Negative Declaration incorrectly classified this action as unlisted, the action was properly coordinated as a Type 1 action. The classification on the Negative Declaration has been corrected. Be it RESOLVED that the Southold Town Planning Board grant preliminary approval on the maps dated October 26, 1990, subject to the following conditions: The utility easement, requested by Greenport Water Company, which is to be located between Lots 6 & 7, must be shown on the final map. The'New York State Department of Transportation has indicated that any future construction along State Highway Route 25 would require a seventy-five (75) foot right-of-way. As the existing road is sixty-six (66) feet in width, the Planning Board is requiring that a strip of land, nine (9) feet in width along State Route 25, be offered for dedication to the State for future road widening purposes. This dedication should be indicated on the final map. Final maps must be submitted with six (6) months of the' date of the preliminary approval. If such plat is not so submitted, or an extension of time is not requested by the applicant and granted by the Planning Board, approval of the preliminary plat may be revoked by the Planning Board. A valid water contract and final maps with a current stamp of iHealth Department approval must be submitted prior to the scheduling of the final hearing. In addition, the following items must be submitted: A Draft bond estimate, which will be reviewed by the Planning Board and Town Engineer. A list of unit prices for bonding of subdivision construction can be obtained from the Planning Board Office. A Draft Declaration of Covenants and Restrictions, which will be reviewed by the Planning Board and the Town Attorney. The Planning Board may request additional covenants and restrictions after review of the final submission. A Homeowner's Association must be filed for the open space, drainage areas, and roads if they are not offered for dedication to the Town. A draft of the document must be submitted to the Planning Board for review prior to filing. Document that the Homeowner's Association has been filed must be submitted prior to endorsement of the map by the Chairman. The Planning Board may request additional information upon review of the final submission. If you have any questions, please do not hesitate to contact this office. Very truly yours, Bennett Orlowski, Jr. ~5 Chairman SENDER: SUBJECT: SCT~I~: CO~ENTS: SUBMISSION WITHOUT COVER LETTER PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latharn, Jr. Richard G. Ward Mark S. McDonald Kenneth iL. Edwards Telephone (:516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 August 13, 1991 Donna J. Geraghty Victorian Realty Corp. 110 Front Street Greenport, New York 11944 RE: Major Subdivision Summit Estates S/W Corner Main Road and Shipyard Lane, East Marion SCTM# 1000-35-8-5.3 Dear Ms. Geraghty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, August 12, 1991. BE IT RESOLVED that the Southold Town Planning Board grant a six (6) month extension of conditional preliminary approval from August 25, 1991 to February 25, 1992. Conditional preliminary approval was granted on February 25, 1991. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, J~. '" 5' Chairman REALTOR ® VICTORIAN REALTY com. "A Full Service Realty" July 30~ 1991 Bennett Orlowski, Jr. Chairman Town of Southold Planning Board Office Town Hall, 53095 Main Road Soutbold, New York 11971 Dear Mr. Orlowski: Re: Summit Estates SCTM #1000-35-8-5.3 With regard to the above named Subdivision, I am requesting a six month extension on the deadline for filing the Subdivision Map for Summit Estates. As of this date~ I have still not received the Homeowner's Association Agreement from the Attorney General. Sincerely, Donna J. Geraghty DJG/jlg '110 FRONT STREET · GREENPORT, NY 11944 · (516) 477-2730 · FAX (516) 477-8643 RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 JAMES A. RICHTER ENGINEERING INSPECTOR 734-5211 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD INSPECTION REPORT DATE .APRIL 25, 1991 FROJECT:~UMMAT ESTATES DAY MO_~ TUE WED t~FRI SAT SU~ WEA'£~I~R · M~CT.FAR O~LERCAST~kIN SNOt REPORT SCTM # :1000-35-8-5.3 TEMP 0-32 32-50 ~%~-7~ 70-85 85~ CONTRACTOR: Summit Corporation WIND STI~- ~OLr~ MAGH 01 PROJECT FOREMAN: Dan Dra~onetti HUMIDITY DRY ~Ir~ HIGH -- AVERAGE FIELD FORCE: ~AME OF CONTRACTOR NON-MANUAL MANUAL I REMARKS~ ] VISITORS: ~IME NAME REPRESENTING REMARKS EQUIPMENT AT THE SITE: lSummit - 1 Front End Loader, 1 Roll off Dump Truck, 1 Equipment Truck CONSTRUCTION ACTIVITIES: 10:00 AM Several complaints have been received by the Highway Dept. concerning the work being done on this site. Mr. Dragonetti is placing earth berms on the site on which he intends to plant trees or schrubery. These berms outline the proposed roads in the subdivision The material for the earth berms is comming from on site in the area of the proposed recharge basin. Mr. Dragonetti was directed to keep all trucking activity on site and off of Ship Yard Lane. The proposed northern most entry to the subdivision runs into a large street .on Ship Yard Lane. The Planning Board has been notified for there comm~ents. Mr. Dragonetti was diredted not to do any work within the Town R.O.W. along :Ship Yard Lane. A construction/sales Trailer has been delivered to the site. It has been ]placed on the North East corner of the site. PAGE 1 OF 1 VICTORIAN REALTY com. "A Full Service RealW" April 8, Town of Southold Lin Road South~ ld, N.Y. Attn: ~elisea 11971 RE: "Summit Estates" Dear l~elissa: Enclosed please find a the Attorney ~eneral. This package includes s of the covenants and restrict Should you require any call. DG:kab Enc loeure copM of the p~cka~e that has been sulmaitted to a e~plication for a no-action letter and a COl~ ions for the referenced project. additional information, please do not hesitate to Sincerely, Donna Gera~hty~~~ AP~ - 8 1991 110 FRONT STREET · GREENPORT, NY 11944 . (516) 477-2730 . FAX (516)477-8643 RIC~-{ARD F. LARK March 29, 1991 State of New York Office of Attorney General Real Estate Financing Bureau 120 Broadway, 23rd Floor New York, New York 10271 Gentlemen: In connection with the application of a no-action letter for the above-captioned subdivision I am enclosing the following: 1. Affidavit of Pantelis Fakiris sworn to on March 29, 1991. Letter of Richard F. Lark, Esq., attorney for Gusmar Realty Corp. dated March 27, 1991. Application fee in the amount of $150.00 paid to the Department of Law. 4. Dealer Statement (Form M-10) executed by the developer. If after review of the above documentation, you need any other information, do not hesitate to contact me. RFL/bd Enclosures Very truly yours, t~%fchard F.C~]%ark RICHARD F. LARK March 27, 1991 State of New York Office of Attorney General Real Estate Financing Bureau 120 Broadway, 23rd Floor New York, New York 10271 Gentlemen: I represent Gusmar Realty Corp. who is the applicant for a no-action letter for the creation of a homeowners association until such time as 30 lots are sold in connection with the subdivision entitled "Map of Summit Estates". The reason the no-action letter is being requested is there is no need at this time for the creation of the homeowners association in that the developer wants to file the subdivision map, go ahead with the installation of the water and utility lines and construct the roads. All of these improvements will be done under a Performance Bond with the Town of Southold. The roads will be constructed in accordance with the Town's specifications and will be d[edicated to the Town of Southold as public roads. The public water lines will be installed by the Village of GreeRport, electric lines installed by Long Island Lighting Company and telephone lines by New York Telephone Company. Every deed to the individual lots will be subject to Covenants and Restrictions. When the 30th lot has been sold the homeowners association will be created and each lot owner will then become a member of this association. It is estimated this will occur between two to three years after the map is filed. Until the 30th lot is sold all of the control of the subdivision, including the common areas, will remain with.the developer. The delay in the formation of the homeowners association is that it will benefit the lot owners because any lot owner purchasing prior to that time will have the use and enjoyment but not have to pay any common charges for the expense and upkeep of .these common areas. At the time of the sale of the 30th lot the homeowners association will be formed and the property deeded to it. The asso- ciation will then be able to govern the association property in a6cordanc~ with the association by-laws without any control bY the, developer. State of New York -2- March 27, 1991 Office of Attorney General The Covenants and Restrictions which run with the land ar~e binding on the developer to form the homeowners association upon the sale of the 30th lot. As the attorney for Gusmar Realty Corp. I participated in the preparation of this application and have no actual knowledge of any omission of any interest statements regarding a material fact included in this application. It is my opinion that at the time the 30th lot is sold to a third party that I will cause a homeowners association to be formed in accordance with the applicable laws and the property denoted on the filed map as Parcels A, B, C and D ., will be deeded to this association. Given the fact the developer will only sell vacant lots and the Covenants and Restrictions which run with the land, it is my opinion the public interest will be served by a no-action letter at this time and the homeowners association shall be created at such time as it will be viable entity to govern and operate the homeowners association property. RFL/bd Very truly yours, ~'chard F. L/ark STATE OF NEW YORK: COUNTY OF ...... ss. PANTELIS FAKIR!S, being duly sworn deposes and says: I am the President of Gusmar Realty Corp., a New York corporation with office and principal place of business at 13-07 37th Avenue, Long Island City, New York. Gusmar Realty Corp. is the owner of 40.8224 acres of land on the westerly side of Shipyard Lane, East Marion, New York (a copy of the deed to this property dated December 30, 1985 is attached hereto as Exhibit A). The property has received preliminary approval from the Southold Town Planning Board for a 35 lot subdivision (a copy of the "Preliminary Subdivig,ion Map Prepared for Summit Estates at East Marion, Town of Southold, Suffolk, N.Y." is attached hereto as Exhibit B). It is proposed that Parcels A, B, C and D, which are outlined in red on the aforesaid map, will be deeded over to a homeowners association when 30 lots on the aforesaid map have been sold (a copy of the proposed Covenants and Restrictions which will be recorded simultaneously with the map are attached hereto as Exhibit C). All roads in the subdivision will be built under a Performance Bond and will be dedicated to the Town of Southold. The Site Plan for the open space areas is simple because they wil remain vacant. Parcels A and B will be used strictly as open space and will contain primarily trees. Parcel C will also be open space and contain trees and grass. Parcel D will also be open space planted with grass and will be used as a park and recreation area for the residents of the subdivision. The dock which is attached to Parcel D will remain for the private use and enjoyment of the owner of Lot No. 3 because this dock will only accommodate four boats because of the shallowness of the water in this area. However, as provided for in the Covenants and Restrictions if there is ever an extension built to this dock to get to deeper water, then the entire dock including the extension will be transferred to the homeowners association with the owner of Lot No. 3 retaining the exclusive use of four boat slips. -Gu~mar Realty Corp. as owner and developer of this subdivisio will comply with the escrow and trust fund provisions of the General Business Law Section 352-e(2)(b) and Section 352-h and will provide in the contract of sale to each prospective purohaser a statement that the purchase price of the lots includes the cost of membership in the future homeowners association and will also include the current yearly cost for ~ainten~nce of the common areas which will ultimately be deeded to the homeowners association. It is proposed there will be no income to the homeowners association and the costs of operating the future homeowners association property will be the real estate taxes which are estimated to be $907.91 per year (a copy of a letter from the Board of Assessors, Town of Southold is attached hereto as Exhibit D). In addition there will be the premium of $575.00 per year for a One Million Dollar General Liability Insurance Policy (a copy of a letter from Filos Agency, Inc. is attached hereto as Exhibit E); the cost of cutting the grass in the common areas would be $500.00 per year (a copy of a letter from Sep's Landscaping is attached hereto as Exhibit F). At the time the property is transferred to the homeowners association there will no underlying mortgage on the property. Ail of these expenses and any others incurred with Parcels A, B, C and D will be paid for by th9 Gusmar Realty Corp. until such time as the 30th lot is sold to a third party and this prdperty is transferred to a homeowners association. There are no known extraordinary expenses for the maintenance of these common areas. There will not. be a contract of sale between Gusmar Realty Corp. and the proposed homeowners association because when the 30th lot is sold to a third party a homeowners association will be formed in accordance with the rules of the New York State Attorney General's Office. Parcels A, B, C and D will then be deeded to the homeowners association (a copy of the proposed deed is attached hereto as Exhibit G). All of this will be done at no expense to the homeowners association. At that time the developer will not retain any continuing interest in the association as each lot owner will have one vote. At the time the property is turned over to the association it is the association who will then govern the use of this property and not the developer. At the time of entering into contracts of sale and prior to acceptance of any down payment for lots on the aforesaid map to third parties, the contracts will contain as an attachment a complete copy of this application and a copy of any no-action letter received from the Attorney General's Office. In addition at the closing of each lot the developer will obtain an affidavit from the purchaser setting forth: The purchaser's name, residence and business address; a statement that purchaser has read a copy of this'affidavit submitted as part of the application for a no- actibn letter~ a statement that purchaser understands that no offering literature other than as required by the no-action letter will be provided; and a statement that the purchaser has physically inspected the subject property to be included in the future homeowners association. These affidavits will be made available within five (5) days after a request by the New York State Department of Law. -2- The lots on the map are being sold by the developer as vacant and they comply with the $outhold Town Zoning Ordinance require- ments for construction of single family dwellings on each lot by the purchaser. The developer as well as Gusmar Realty Corp. have not within the preceding five years participated in any other application for a no-action letter or have made any other offerings which were not pursuant to an offering plan filed with the Department of Law. The granting of this application for a no-action letter at this time will allow the developer to construct all the improve- ments on this subdivision as quickly as possible without any interference as the developer will pay all of the costs in connection therewith. By the time the 30th lot is sold all the improvements will be constructed and Parcels A, B, C and D will be deeded to the association free ahd clear of any encumbrances. Pantelis' ~ak~ris Sworn to before me this 29th day of March, 1991 Notary Public -3- STATE OF HEW YORK DEPARTMENT OF LAW COOPERATIVE AND CONDOkUNIUI~ SPONSORS AND SELLING AGENT S BROKER DEALER STATEMENT (Section 359-e Gen. Bus. Law) Name of Registrant Gusmar Realty CorD. Add,ess _13-07 37th Avenn~, Lonq Island CitY. N~w York 11101 ..Tel. No.l~-~~--6858 Regi.~;ttant is ~ corporation ~ ~enerel p~rtnetsh~p ~ limited pmmnets~tp ~ other (srecify) ~arnh r 1984 Organized under the lams of New York ,,on Regi!~ttant is ~ sponsor E3 selling, agent (if a licensed real estetebroker stye State License . Expiration Date ) CD Promoter o! "unsold stock" o! · cooperative co~poration ['~ Promoter of "unsold" condominium unite ~ Seller o{ interests in a Homeowners Association I~i other (speci(y) .,' ' The Registrant maintains the follo~ing o[(ices: 13-07 37th Avenue t Lonq ISland Ci~ty, _New York 11101 Registrant proposes to offer the following: [~ ~;tock of cooperative housing corporation ~ condominium units (includtn% stuck of or membership in condominium associations orcorporatlonS, if any.) ~ Homeowners As~c~ation Interests in Real Estate Theo((edng w~)lbe made ~New York only ~ in New Yo~k end other states: The offering will be made ~ by t~e o~(lcets, directors an& employees o(the ReBlmtment ~ hy selling agent, 1{ by · seIlin~ agent, indicate names end addresses oE melHnl cleat, . Victorian Realty Corporation, il0 Front Street, GreenDor~, New York 11944 T. Name and address of cooperative housing corporation, Homeowners Aaeoclatlon or condominium _ which gave rise to this filing ~Llirmit Estates Hca=owners Association If Registrant is the promoter of "unsold stock" of an apartment corporation, "unsold condominium units", or other "unsold" interests, has same been disclosed in an offetln% plea or en emended offering plan: Cg] Y.ee f-3 No Out of State of foreign firms are required to attach n ce~ified copy of a designation for the service of process on the Secretary of State. Attach additional sheet~ where space provided is adequate. For assistance in completing form please call the Real Estate Financing Bureau. (212) 341-2121 Filing Fees Enclosed as follows: Broker-Dealer Statement-Four ears ................................. $~.00 ~ Partners, Propriet0r4, Officers, directors ~u~e~a or principals at $10each ........... ~O Please enclose check or money order: $ ~lO, ~ · (payable to Dept. of Law) TOTAL 120 Broadway New York, N.Y. 10271 9. II as issuer, any officer, director, principal or partner ever A, been suspended or expelled irt, om membership in uny securities exchnnte, as;oeiatlon of securities dealers or Inve~lment advi~ozs o; co...eJ~ .......... Ye= ~ No ~ ~. had ~ llcen;e o; ;eKi~t;,tlnfl as a ~eale;, b;oke;, investment advtso~ or ~nle~nn denied, suspended et revoked? .............................................. '....: ....... Yes ~ No ~ C. been enjoined et ~esttnined by nay court et n~ency from: !. thc J~uance, sale et of[et for sale of secmilies? ...................................... ~es ~ No ~ 2. zende~in~ securities ndvice et counsel?: ....................................................... Yes ~ No ~ 3. hnndlinR or mann,ing ttndin~ accounts? ........................................................ Yes ~ No ~ 4. conlinuin~ any practices in connection with securities? .......................... Yen ~ No ~ D. been convicted of any crime? ............................................................................. Yes ~ No ~ F:. u~ed or been knownby any ot~et nnme? ...................................................... :... Yes ~ No ~ F. been the subject of nny ptofes~lonnl dlsciplinnty pvoceedinR? Yes ~ No ~ (~. been adjudged n bankrupt o~ mode n ~enetnl nssi~nmenl for benefit of ctedil,~ or been nn officer, diteclof of principal of any entity which was ., ~eotRnnized in bank~uplcy, adjudged n bankrupt et made n Renernl nnsiEfl- men1 lot benefit of creditors? ............................................................................ Yes ~ No ~ II. had an of[etin~ of securities within the last three yeats et been la officer, director, principal or pndner nl nny enlily which had nn offetin~ of ~erutltie~ within Iht In~l Ihree years ................................................................ Yes ~ No ~ "~ F:S", mtnch ~tntement of full pmticulnt~ ..................................................... IO. I.ist name~ nad tesldence addresses of nil ~ecurities salesmen: (if none, so indicate) None II. 12. Are there any out.~tandinR judgments against Ihe issuer or nny olficer. director, principal ot partner thereof? If yes, attach statement of full particulars. Yes E:] No The inlormation set forth below should be provided for each oliicer, director, principal or partner. If not enough space is provided use continuation sheets. Name: Pantelis Fakiris Title: President IIome Add,ess~ 14-61 159th St., Beechurst, NY 11957 Place of Hi,th: Greece Date of Hirth: . 4/1942 Social Security t': j_24-4~-0256 Prior home addresses for past ten years: _25-~1_5_4.5_~th _S_t~_~e~_t, Astoriar New York Phone: 1718) 392-6858 FollowinR is my complete employment nn~d business affiliation record for the past five years: (indicate I,etiods of self-employment and unemployment. Include all corporations or other eh1 il i~-~ where ~,ou bold or held o substantial equity et corarollin~, interest.) FROM TO EMPLOYER ON BUSINESS AFFILIATtON POSITION HELD AD, YIn. MO. YR NAME ADDRESS 1980 Present S~nit WaterprcxDfing, L.I.City, New York President 1984 Present Gun, mar Realt~]~COvrPc~, L.I~Critv' New ~rk ~e~s~i~ ] 987 Present ~ Victorian P~ Z:p. ~ ~nn~rt. 1~ i'resent Dig City C~rtin~ Coro.,L.I.Citv, N.Y. Pf~i~en~ 1987 Present Sun~it g Corp., L.I. City, N.Y. President Home Address: Place of Bidh: Social Security I~: Title: Phone: ' Dote of Birth; . ,'f Prior home addresses/or past ten y. eers: Following is my complete employment usdbuslnesseffillutlonrecord for the pest five yours: (indicate periods o! ueif-employr~ent und unemployment. I~clude ull corporftions or other entities where you hold or held I substantial equity or controllin! iste~st.) FRO$4 TO EMPLOYER OR EUSINE~ AFFILIATION POSITION HELD MO. YR. MO. YR NAME ADDRESS Co llama Address Place of Birth: Social Security #: Title: .. Phone: , Date of Birth: Prior home addresses for past ten yesrs: Following is my complete employment en___d business uffiliution record for the pest five years: (Indicate periods of self-employment end unemployment. Include oil corporations of other entities where you hold or held · substantial equity or controlliflI interest.) FROM TO EMPLOYER OR BUSINESS AFFILIATION POSITION HELD MO, YR MO, YR NAME ADDRESS I Home Address: Place of Birth: Social Security #: Title: Phone: Dote of Birth: Prior home uddresees for pest ten years: Following is my complete employment and business affiliation record for the past five years: (Indicate periods of self-employment end unemployment. Include ell corporations or other chillies where you hold or held e substantial equity or controlling interest.) " F~::~M TO E[MPLOYE[R OR BUSINESS AFFILIATION , .' POSITION HELD MO. YR. MO. YR NAME[ ADDRE[SS Home Address: Place of Birth: Social Security Title: Phone: Date of Birth: Prior home addresses fat past ten years: Following is my complete e~.ptayment sn_..~d business affiliation record fat the pest five years: (indi, cate periods of self-employment end unemployment. Include ell corporations at other entb:ies where you hol.d at held a substantial equity or controlling interest.) F~aOM TO EMPLOYER OR BUSINESS AFFILIATION POSITION HELD MO. YR MO, YRJ NAMIr ADDRESS tbs undersigned, constituting oll efflcsrs, ~llrnctors, psrtflnrs, or controlllsg principals el the that uny loire slatement shall constitute a violation of Art. 23-A el the ~ne~al Buslnfls Low. ,~~kf~__, ~n~elis Fakiris, P~esiden~ DISTRICT 035.00 .-',BLOCK 08.00' 005.003 · . ~ HiTHISINSTILUMI#T.?Hi$1NS.rtk~ ?SHOULDJ ~-~Z ' . { . [, -- .... IU$1SByLit ' . ~utfl oayol December ,mnet~h~d~d~d ei~hty-flve"{ {{ BE~EEN ZENA KAPLAN, pr~entl~ residing at 26 Dawn Drive, Smithtown, New York, ~d RIIODA KAPLAN,'pre~ently 'residing at. l157Lakeshore. Drive, North Palm Beach, Florida, ,., pa~y of the first part, and GUSMAR REALTY CORP., a domestic corporation with an office at 1307 3?th Avenue, Long Island City, New York, ' ' Wl~sE~,~mtthepa~oi~eflrstpa.,in~sidenti~o{ Ten Dollars ($10.00) and other good and v~uable consideration ---~ ......... ,~ ,. ....... by ~e pa~ o{ ~e ~ond p~, d~ hereby ~t ~d reJ~e unl~ the pa.~ o~ ~e {~nd pal, ~e he{u or successors and assize of ~e party of the second p~ forever, ' ALL that cedain plot, piece or ~rcel o{ land, w{~ ~e buildings ~d {mprovem~ ~er~on er~ted, lymg and being in ~ or near the Hamlet of East Marlo~, Tqwn ? $outhold, County of Suffolk and State of New York, am described In "Schedule A" attached hereto nnd made a part hereof. . ...... ~" I{EING AND INTENDED TO BE the nnme premises conveyed to the party of the first part by Deed dated July 27, 1979, recorded in the Suffolk County Clerk's Office on August 1, '1979, in Llber 8668, at Pn e ~. nnd by Deed dated 16, 1968, recorded on February 21, 1968, In L~er 6307, at Page 254. February The perry of the second part has nimultnneously herewith executed nnd delivered n Purchase-Money Mortgage in the amount of Four Hundred Thoun~d ($400,000.00), intended to be recorded simultaneously herewith,.., ',~ ,I ~::~ ~ .-. · ~. . . . · ' -'' '" ,.., .... . , .., ZENA KAPLAN'and RHODA.kAPLAN' .,to GUSMAR REALTY CORP. :',Schedule A ALL that certain plot, piece or parcel of and improvements thereon erected, situate, lying and being in or near the Hamlet of East Marion, Town of Southold, County of Suffolk and State of New York, bounded.and described~as follows: BEGINI'IING at the ;}oint of intersection of the southerly line of Main Road with the westerly line of Shipyard Lane and running thence along said westerly line of Shipyard Lane, the three following courses and distances: land, with the buildings l) South 36 degrees 36 2) South 35 degrees 56 3) South 35 degrees 41 of Parkside Heights minutes 10 seconds East, minutes 30 seconds East, minutes 30 seconds East, Co.{ Thence along said land of Patkside Heights Co., courses and distances: 1) 2) 3) 4) Thence less, Thence and distances: 833.33 feet; 832.52 feet~ 43.12'Feet to land the four following South 55 degrees 16 minutes 00 seconds West, 293.40 feet/ .. South 35 degrees 41 minutes 30 seconds East, 600.00 feet/ South 55 degrees 16 minutes 0O seconds West, 206.73 fe~t/ .,. South 11 degrees 49 minutes 30 seconds West, 529.00 feet, more. or less, to ordinary high wa~er mark of Gardiner'e Bayt westerly along said high water mark, 100 feet, more or to land of Kavanaught' ','~!~¢,~,t~ .... .~e~"}','~tl{~v~...~,~ ,'": ' ·..= along said land of Kavanaugh, the four'following courses 1) North 11 degrees 49 minutes 30 seconds or ]ess~ 2) South 85 degrees 45 minutes 20 seconds West, 3) North 33 degrees 30 minutes 50 seconds Wear, 4) South 58 degrees 49 minutes 10 seoonds West, now or formerly of Dawn Estates, Ino.t East, 467.00 feet, more 250.00 feet! 427.54 feet; 87.89 feet to land Thence along said land of Dawn Estates, Inc., other land of Kavanaugh and land of North Fork Equities, Inc., North 33 degrees 22 minutes 50 seconds West, 812.15 feet~ Thence continuing along said land of North Fork Equities, Inc., North 34 degrees 34 minutes 40 seconds West, 1,067.74 feet to the southerly line of Main Roadl Thence along said southerly linal~of'Main*Roa~,!'theithree following ''"~"'"' ' courses and distances: 1) Uorth 71 degrees 44 minutes 30 seconds East, 2) North 77 degrees 42 minutes 30 seconds East, 3) North 64 degrees 53 minutes 30 seconds East, less, to land of State of New Yo~kL~4' Thence along said land courses and distances: 1) South 32 degrees 19 2) North 57 degrees 40 3) North 32 degrees 19 4) Sou~h 57 degrees 40 5) North 32 degrees 19 said southerly line 93.75 feetl 221.37 feet; 60.00 feet, more or of State of flew York, the five following minutes 20 seconds East, 506.58 feet/ minutes 40 seconds East, 300.00 feet/ minutes 28 seconds West, 300.00 feet; minutes 40 seconds West, 265.00 feet/ minutes 20 seconds West, 202.15 feet to of Main Road; .Thence along said southerly line ~ Main ROad, the two [oLlovinq courses and distances: · ' 1) No~th 64 degcess 53 minutes 30 seconds Bast, 20.00 ~ee~, more 2) North ~7 degzees 40 .minute~ 40 seconds Eae~, 430.21 feet to the point or place of BEGIHNiNG. TOG£TIIER with e!t right, tide and interest, i! any, of the patty of~e Stat part in and lo any streets and ro~ds shutting the above described premises to' the cetiter ~[nes thereof, TOGETIIF..R with the appurtenances and all the eslale and' ~'ights of the party .of the Srst part in and to s~id premises, · TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and ~si~ms of the part~ of the second part iorever. I '')Itt. AND the party of the first part covenants that the party o! the first part has not done or suffered anythinI whereby the said premises have.been incomhered In any way whatever, e~eept al eloresuid..,:. ,~..., AND the party ~f the first part, in compliance with Section 13 o! the Lion Law~ covenants that the l~'~j.pf '; Ihs first l~rt will receive the ' ' ' cons~der~tton for'this conveyance and will hold the right to receive such eons[d? station ss · t~st fund to be applled'Srst for the p~rpose o! payin~ the tost of the improvement and will apply the Same first to the pa)'ment of the cost o! the improvement before usins any ~ ,,l'. any o~er purpose. , .. i . ~ .. : ..t . ~e tol~ o! the lame The word "party" shall be construed as if ' '" '" ...... ' " it read parties ·whenever the sense o! this Indenture so requires. IN WITNE~$ ,W, IlF..NEOF, the party ol the Srst. part It~ duly ex,.e~ted ~hls deed the day and"y~r Stat al~."' the ~th dayof January, ' 19 86, beforem, /ersonnll/Came ZENA KAPLAN to me k,~¢~'¢n to I~ the individual described In and who e. xecuted Ihs foregoing instrument, and acknowledged that · abe e.~:culed the Same. JUOfTH A. ~ O~MMIggIoN EXpInEg MAne.'+430. I~ STA~ OF ~M YORK COU~ OF ...... ~y ~at he resides at ~o. - , - of ' ,mtso me toregomg,.lnst~t; ~at he ~now~ t~,e ssi of ~id ~t ~, that the s~! t~d m~tmm~t Is such ~le seMI ~nt ~.mxed by ~:rder of t~e b~rd at d re.ors of ~ld ~. tan, and that he s~ed h ;. ~me thereto by Ilks drder. TITL~ NO. / ~ENA'~K~P~AN nnd EHODA KAP~AN LOT ' ~ ~ TO ~U.~ O~ ~ow. to me known to be the'individual described In and who executed the fore.tag Instrument, and acknowledged that she executed the same. . SOffit PUOLIC STAT[ 0{' i'tO,~roA '- .. ..-,, "STATS'OF'NM YORK,'C:OUNTY OP' eel On the day of 19 , before me personally ,?,me , . : · the subsc.bing witness to the foregoing {?strum,at, whom ! .am personally acquaInted, who, bemg by me dui sworn, d~d depose and say t~at he resides at No. Y =tiaa ,beknows ,. . ,' :., ""' ' · ' ' to be the individual described in and who executed the fore{oing Instrument; that he, said subscribing witness, was present an.d saw execute the sa[el and that he, said w,tness, ,at.the Same time subscribed h name as witness thereto. QUSMAR REALTY CORP. ~ t[.:IIFE'flTLE INSURANCE Re~rded at aequru og HICAGO TITLtt INSUP. ANCa COMPANY / P. elum by Mall lo / Paul A. Caminltl, Esq. . 54075 Main Road P~O. Box 992 So~thold,'New York 11971 Zip No, BOARD OF ASSESSORS TOWN OF $OUTHOLD Southold Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone {516} 765-1937 March 13, 1991 GusMar Realty Corp 13-07 37th Ave Long Island City, NY 11101 Re: SCTM# 1000-35-8-5.3 Open Space Dear Mr. Faktris, Per your request below please find an estimate of assessment and taxes for an 8 acre parcel of open space on the above mentioned tax map number. 8 acres X 300 per acre = 2400/Assessment 2.4 X 378.297(1990-91 Tax Rate) = $907.91/Taxes The assessment mentioned will be apportioned equally amoung each separate lot of the subdivision. Therefore, there will not be a separate tax bill on tile open space once the subdivision is approved. If you have any questions, please do not hesitate to call our office. RIS/cg DS AGENCy I~ 814 W. BEECH STREET LONG BEACH, N~W.Yo~K 11~$1 ~15-897-4545 7J82528-6~88 M&rch 14,1991 GUSMAR REALTY CORP. 13-07 37TH AVE. LONG ISLAND CITY N.Y. 11101 SUMMIT ESTAT~ HOMEOWNERS ASSOCIATION ~RTATE OPEN AREa LIABILITy INSURANCE QUOTE DEAR MR. FAKIRIS, PLEASE BE ADVISED THAT WE HAVE RESEARCHED THE COST OF ONE MILLION DOLLARS ($1,000,000} GENERAL LIABILITY FOR INSURANCE FOR THE OPEN AREAS CAPTIONED ABOVE. OUR RESEARCH REVEALS THAT COST OF THIS INSURANCE WILL,BE APPROXIMATELY $57~.00 P~R YEAR. ' SHOULD YOU REQUIRE ANY ADDITIONAL INFORMATION, PLEASE DO NOT HESITATE TO CALL THIS WRITER. : Ver~/~ruly yours PRESIDENT EXHIBIT .~, DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES DECLARATION made this day of , 1991, by GUSMAR REALTY CORP., a domestic corporation having its principal place of ~usiness at 13-07 37th Avenue, Long Island City, New York 11101, gereinafter called the Declarant. WHEREAS, the Declarant is the owner in fee simple of the Eollowing described premises, ALL that certain plot, piece or parcel of land in the Town of Southold, County of Suffolk, State of New York, known and designated as Lot Nos. 1 through 35 on a certain map entitled "Map of Su~it Estates at East Marion, Town of Southold, Suffolk County, N.Y." filed in the office of the Clerk of the County of Suffolk on the day of , as Map No. WHEREAS, the Declarant desires to make this Declaration setting forth reservations, restrictions, covenants, conditions and agreements, subject to which the property shown on said map is now held and shall be sold and conveyed. NOW, THEREFORE, the aforedescribed premises shall be subject to the following covenants and restrictions which shall run with the land: 1. Definition of lot. A "lot" is such parcel as is separately numbered as a lot on the aforesaid map. 2. No lot shall be subdivided, sold or conveyed, except as a whole, without the written permission of the Declarant or its successors or assigns and the consent of the Planning Board the T~wn of Southold. of 3. No lot shall be improved or have placed or maintained thereon any structure other than a single family dwelling, not to e~ceed two stories in height with a private garage for not more than three (3) automobiles. A two-story dwelling shall contain a first floor area of not less than 1,000 square feet, a~d a on~-story dwelling shall contain a floor area of not less than ~,400 ~quare feet exclusive of garages, carports, open breezeways, patios, terraces or basements. Asbestos siding shall not be used on any dwelling or structure. ZXHm X C 4. No building or structure shall be erected on any lot until the building plans as to the location on the lot, the ~utward appearance and design have been approved, in writing, by the Declarant, its successors or assigns. There shall be no ~lteration to the exterior of any dwelling or.structure except in ~ccordance with the plans and specifications which have received ~the prior written approval of the Declarant or its successors or assigns. All dwellings and structures shall conform to all applicable codes and regulations of the Town of Southold, and no variance thereof may be obtained without written approval of the Declarant or its successors or assigns. Two copies of proposed plans and specifications shall b? submitted to the Declarant, its successors or assigns, one of which, when approved, shall be returned to the owner with such approval endorsed thereon. If the Declarant, its successors or assigns, shall neither approve or disapprove the plans and specifications within 30 days after they have been submitted to and received, the plans and specifications shall be deemed approved. 5. No lot shal~ be used or maintained for any purpose other than a one-family residence. No trade, business or manufacturing shall be carried on in any residence or anywhere on the property. Specifically exempt from this restriction, however, are the ~actic~ of.medicine, dentistry, law and architecture, providing ne pro£esslon does not exceed the licensed practitioner and on~ assistant. No obnoxious or offensive activities shall be carried on upon any lot, nor shall anything be done on a lot which may become an annoyance or nuisance to the neighboring properties. 6. No signs other than one identifying the owner's name and number of the house or a professional sign shall be erected on the premises. Permissable signs shall not exceed 10 inches by 20 inches, comprised of a white field with black letters or a black field with gold letters. This restriction shall not prohibit the Declarant, its successors or assigns, from using said premises or any part thereof for the sale of real estate, including the right to place subdivision advertising signs or model home signs on the premises. 7. No fences or exposed clotheslines.shall be erected or hedges grown upon the property without prior written approval of the Declarant, ~ts successors or assigns. ~. All debris must be removed from any lot prior to occupancy. No area of the ~remtses may be used for the dumping or storage of garbage, and all such materials shall be stored in sanitary containers and'shall be removed regularly from the premises. The grounds of each lot shall at all times be reasonably well maintained. 9. Ail exterior construction, including roof, exterior walls, ~ainting, windows, doors and landscaping shall be completed within one (1) year from the date construction commences. -2- 10. With the exception of Lot Nos. 1, 21, 22, 23, 24, 32, 33, 34 and 35 no electric or telephone poles shall be allowed on the p~emises.as all utility services for electric and telephone will be installed by a residential undergroun~ system. 11. The Declarant, its successors and assigns, intends to dedicate all streets, roads, drainage areas and easements to the ~ows of Southold for highway and drainage purposes. 12. The Declarant, its successors and assigns, sets aside ~nd reserves for recreational areas in perpetuity, the following ~arcels appearing on the Map of Summit Estates at East Marion, ~nd marked as Parcel "A" - Open Space, Parcel "S" Open Space, Parcel "C" - Open Space and Parcel "D" - Park and Recreation Area, subject to the following conditions: (a) Declarant covenants ~nd agrees that at or before the time when 30 of the lots have been conveyed by it to third parties, that it will, at.its own cost and expense, establish a not-for-profit corporation ~o be known as "Summit Estates Homeowners Association", hereinafter referred to as the "association" and within sixty (60) days thereafter convey to such association all of the right, title and interest of the Declarant in and to said Parcels "A", "S", "C" and (b) The use of the reserved areas denoted as Parcels "A", "B", "C" and "D" as shown on the filed map shall be for recreational and conservational purposes in accordance with the rules and regulations as may be promulgated by the property owners association to be formed. The Declarant, its successors or assigns, may construct recreational facilities in these areas subject to the approval of the Planning Board of the Town of Southold. However, the dock as it presently exists in Gardiners Bay on the southerly side of Reserved Area "Parcel D" due to its size and lack of water is for the exclusive and private use of Lot No. 3 and the owner of Lot No. ] shall be responsible for the maintenance and upkeep of the dock. It is contemplated that an 'extension to the existing dock might be constructed in the future. This dock extension need not be be built and any such extensiou of the dock shall be within the sole discretion of the Declarant pending ~overnmental approvals~ If such governmental a~provals are obtatned for a dock extension and the Declarant decides to constTuct the extension, at its own cost and expense, then the Declarant at the time of completion of the dock extension will transfer to the Summit Estates Homeowners Association the control, use, possession, maintenance and upkeep responsibilities of the existing dock with the dock extension, with the owner of Lot No. 3 only retaining the exclusive right to use the southerly four dock spaces on the dock extension. 13. Uppn the creation of the association as hereinbefore ~rovided, every owner of a lot shall be deemed a member thereof, and shall be subject to the by-laws and rules and regulations thereof. -3- 14. Within sixty (60) days after the creation of said association, by-laws shall be adopted for the government thereof which said by-laws and any amendments thereto shall be approved by the Town Board of the Town of Southold and'the State of New York Office of Attorney General, Real Estate Financing Bureau for a homeowners association. 15. The by-laws of such association shall, in addition to other matters, provide for the following~ (a) That the owner of each lot shall be entitled to one vote at any meeting of the association. (b) That every lot owner shall be subject to a propor- tionate share of the expenses of the association including taxes, Insurance and any and all expenses incurred by the association for the improvement, maintenance a~nd use of the property o~ the association. In the event that the control, use and possession of the dock is assigned to the Association a separate assessment shall be imposed on each participating lot owner using the dock. (c) That every lot owner shall have an equal right, in common with all other lot owners, to the use and enjoyment of ithe property of the association, subject however, to the by-laws !and rules and regulations of the association. (d) That the association shall have the right to borrow such sums of money as it deems necessary for cost of the main- tenance and improvement of its property and to secure the same by a lien on its property. (e) That the association shall have the right to suspend the voting rights of a lot owner for his failure to pay when due any and all charges due the association; that all such unpaid charges shall be a lien on the lot of such owner and that the association shall have the right to collect the same and to enforce the lien thereof by any means authorized by law. (f) That the association shall pay all taxes, assessments and other charges imposed by any governmental agency as and when the same are due and payable. (g) That the association shall maintain adequate fire, public liability and s~ch other insurance as it deems necessary for the protection of ~ts property and members. (h) That the association shall use, operate, and maintain all the property owned by it in a safe and proper manner and in a~cordan~e with the laws, rules and regulations of the Town of Southold and other governmental agencies having jurisdiction thergof. -4- (i) That the duration of the association shall be )erpetual. 16. These covenants and restrictions shall run with the land 3ereby and shall bind and inure to the benefit of said parties hereto, their heirs, administrators and assigns until January 1, 2010, after which time they shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in whole or in part, shall have been recorded, however, notwithstanding any of the above Reserved Areas marked Parcels "A", "B", "C" and "O" shall remain in perpetuity. 17. These covenants and restrictions may be enforced by an action for damages or injunctions or both. The Declarant, its successors or assigns, hereby reserve the right to alter, ~odify, extend, terminate or annul any of these covenants in whole, or in part, without the consent of any person. 18. Invalidation of any of the aforesaid covenants and restrictions by judgment or court order shall not affect any of the other provisions which shall remain in full force and effect. Failure to enforce any provision herein contained in any par- ticular instance shall not be deemed a waiver of the right to do so as to any continuing, subsequent or other violation. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. GUSMAR REALTY CORP. 8y Pantelis Fakiris, President STATE OF NEW YORK~ : COUNTY OF SUFFOLK: ss. On this day of , 1991, before me personally came Pantelis Fakiris, to me known, who, being by me duly sworn, did depo%e ahd say that he resides at 14-61 159th Street, Beechurst, New York; that he is the President of GUSMAR REALTY CORP., the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. Notary Public -5- Sep's Landscaping "The Final Grade" Peter Sepenoski Orient, NY 11957 Gusmar ]%~alty Corp. 13-07 37th Ave. L.I.C., N.Y. 11101 Attn: M~:. Peter Fakiris Bus. 477-1583 Res. 323-3630 March 5, 1991 Dear MR,. Fakiris: 1~: "S~T~it Estates" We propose to maintain and cut the grassed areas in Parcels C and D as sh~n on the Subdivision Map dw-a~n by Young & Young for the ~ount of FIVE }~3NDR~D DOLLAP~ ($500.00) per year. This proposal is for the 1991 season. EXHIBIT TAX MAP DESIGNATION ~,~. 1000 $,¢. 035.00 ~. 08.00 005.003 CONSULT YOUR LAWYER BETORE SIUHING THIS INSTRUMENT--THIS INSTRUMENT SHOULD Ill U$IO BY LAWYERS ONLY, Tlt~INDF_.N'FUR~ madethe ~yo! ,ninet~nhu~dredand BETWEEN GUSMAR REALTY CORP., a domestic corporation with an office at 13-07 37th Avenue, Long Island City, New York. patty of the first part. and SUMMIT ESTATES HOMEOWNERS ASSOCIATION party of the second part, WFllqF..~i~,m H, that the party of the 6rs! part, in consideration al. Ten Dollars and other valuable consideration pa~d by the party o[ the second part, does hereby grant and release unto the party o[ the second part, the heirs or successors and assigns o! the party o! the second part l.orever, Alt.L that certain plot, piece or parcel of land, ~:~ltllfiia~t~l.l~lklttlpt0~e~#Jlu:e~RlX"~l; situate, lying andbeingJ~hK at East Marion, Town of Sou!hold, Suffolk County, New York, known and designated as Parcel 'A', Parcel 'B', Parcel 'C' and Parcel 'D' on a certain map entitled "Map of Summit Estates at East Marion, Town of Sou!hold, Suffolk County, N.Y." filed in the office of the Clerk of the County of Suffolk on as Map No. BEING AND INTENDED TO BE part of the same premises conveyed to t!he party of the first part by deed dated December 30, 1985 and recorded in the Suffolk County Clerk's Office on February 10, 19E6 in Liber 9976 Page 456. TOGETIIER wltb :zll right, title and interest, it' any o! the party of the 6rat part in and to any streets and ro:~¢ls abottl.g t ~e above ~ escribed premises to the ce.ter lines thereat; TOGETIIER with the appurtenances nmi all the estate a.d rights o! the party al. the 6rs! part in and to ~aid premises; TO }lAVE AND TO IIOLI) the premises herein granted unto the party o! the second part, the heirs or successors and ass!gna al. the party of the secood part forever. AND the party of the 6rs! part covenants that the Party o{ the 6rs! part has not done or suffered anything wherehy the said premises have been encumbered in any way whatever, except as aforesaid. ANI.) the I~'~rty o! the first part, in compliance with Se~ion 13 ~ the Lien ~w, covenants that the ~rty of the 6rst part will r~elve the consldemdon Ior this ~nveyance and will hold the right to receive such consld- er~tlon ns a trust fuml to be applied 6rs! for the ~tr~e al paying the cost o~ the imprudent and w I appy the same 6rs! to Ihe ~yment of the cost of the improv~oent ~fore using any ~rt o~the total M the s~e for any other put.se. The ~rd "pa~y" ~hn}{ be cons{rned ~s {{ it read "panics" whenever {he sense o[ thls {nd~nture ~ requ{re{. IN W~N~ WH~EOF, the ~rty of the first ~rt has duly ~uted this deed the day.nd year first, ~e written. GUSMAR REALTY CORP. By Pan!elis Fakiris, President '1:' YT-.T TT~ T'T' ~ On the day of 19 before me personally came ' to me known to be the individual described in and who executed ~tte foregoing instrumeut, and acknowledged that executed the same. EXHIBIT STATE OF NEW YORK, COUNTY 01~ sst On the day of . 19 , before me personally came Pan%ells Fakiris to me known, who, being by me duly sworn, did depose and saythat he resides at No. 14-61 159th Street, Beechurst, New York ; that he is the President of GUSMAR REALTY CORP. , the corporation described in and which executed the foregoing instrument; that he knows the seal of .said corporation; that the seal affixed taOffi~aeldd ./n,~tru. ment. ,s such corporate seal; that it ,vas so oy oruer o! the boar.d of directors of said corpora- tion, and that he signed his name thereto by like ~Jrder. On the day of 19 , before me personally came to me known to be the individual described in and who executed the foregoing .instrument, and acknowledged that executed the same. STATE OK NEW YORK, COUNTY Ole alt On the day of 19 ,, before me personally came the sub. scribing witness to th.e foregoing instrument, with whom t .am personally acquainted, who, being by me duly sworn, did depose and say that he resides at No. that he knows to be the individual described in and who executed the foregoing instrument: that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. Notary Public ~llargaln anb ~l,ale ~eel~ TITLE No, GUSMAR REALTY CORP. TO SUMMIT ESTATES flOMEOWNERS ASSOCIATION TICOR TITLE GUARANTEE SECTION BLOCK LOT COUNTY OR TOWN TAX ~ILI.ING ADDRESS I:~x~ded At Request M TIcor Ttlle Guarantee Company RI~TURN nY MAIL TO: Z~p' No. SENDER: SUBJECT: SCTM~:: COMMENTS: SUBMISSION WITHOUT COVER LETTER DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES DECLARATION made this day of , 1991, by GUSMAR REALTY CORP., a domestic corporation having its principal place business at 13-07 37th Avenue, Long Island City, New York 11101, hereinafter called the Declarant. WHEREAS, the Declarant is the owner in fee simple of the following described premises: of ALL that certain plot, piece or parcel of land in the Town of Southold, County of Suffolk, State of New York, known and designated as Lot Nos. 1 through 35 on a certain map entitled "Map of Summit Estates at East Marion, Town of Southold, Suffolk County, N.Y." filed in the office of the Clerk of the County of Suffolk on the day of , as Map No. WHEREAS, the Declarant desires to make this Declaration setting forth reservations, restrictions, covenants, conditions and agreements, subject to which the property shown on said map is now held and shall be sold and conveyed. NOW, THEREFORE, the aforedescribed premises shall be subject to the following covenants and restrictions which shall run with the land: 1. Definition of lot. A "lot" is such parcel as is separately numbered as a lot on the aforesaid map. 2. No lot shall be subdivided, sold or conveyed, except as a whole, without the written permission of the Declarant or its successors or assigns and the consent of the Planning Board of the Town of Southold. 3. No lot shall be improved or have placed or maintained thereon any structure other than a single family dwelling, not to exceed two stories in height with a private garage for not more than three (3) automobiles. A two-story dwellinq shall contain a first floor area of not less than 1,000 square feet, and a one-story dwelling shall contain a floor area of not less than 1,400 square feet exclusive of garages, carports, open breezeways, patios, terraces or basements. Asbestos sidinq shall not be used on any dwelling or structure. NA . 2 2 !99 4. No building or str~cture shall be erected on any lot until the building plans as to the location on the lot, the outward appearance and design have been approved, in writing, by the Declarant, its successors or assigns. There shall be no alteration to the exterior of any dwelling or structure except in accordance with the plans and specifications which have received the prior written approval of the Declarant or its successors or assigns. All dwellings and structures shall conform to all applicable codes and regulations of the Town of Southold, and no variance thereof may be obtained without written approval of the iDeclarant or its successors or assigns. Two copies of proposed plans and specifications shall be submitted to the Declarant, its successors or assigns, one of which, when approved, shall be returned to the owner with such approval endorsed thereon. If the Declarant, its successors or assigns, shall neither approve or disapprove the plans and specifications within 30 days after they have been submitted to and received, the plans asd specifications shall be deemed approved. 5. No lot shall be used or maintained for any purpose other than a one-family residence. No trade, business or manufacturing shall be carried on in any residence or anywhere on the property. Specifically exempt from this restriction, however, are the practice of medicine, dentistry, law and architecture, providing the profession does not exceed the licensed practitioner and one assistant. No obnoxious or offensive activities shall be carried on upon any lot, nor shall anything be done on a lot which may become an annoyance or nuisance to the neighboring properties. 6. No signs other than one identifying the owner's name and number of the house or a professional sign shall be erected on the premises. Permissable signs shall not exceed 10 inches by 20 inches, comprised of a white field with black letters or a black field with gold letters. This restriction shall not prohibit the Declarant, its successors or assigns, from using said premises or any part thereof for the sale of real estate, including the right to place subdivision advertising signs or model home signs on the premises. 7. No fences or exposed clotheslines shall be erected or hedges grown upon the property without prior written approval of the Declarant, its successors or assigns. 8. Ail debris must be removed from any lot prior to occupancy. No area of the premises may be used for the dumping or storage of garbage, and all such materials shall be stored in sanitary containers and shall be removed regularly from the premises. The grounds of each lot shall at all times be reasonably well maintained. -2- 9. Ail exterior construction, including roof, exterior walls, painting, windows, doors and landscaping Shall be completed withi~ one (1) year from the dat~ construction commences. 10. With the exception of Lot Nos. 1, 21, 22, 23, 24, 32, 33, 34 and 35 no electric or telephone poles shall be allowed on the premises as all utility services for electric and telephone will be installed by a residential underground system. 11. The Declarant, its successors and assigns, reserves the right to dedicate all streets, roads, drainage areas and ease- ments to the Town of Southold for highway and drainage purposes. 12. The Declarant, its successors and assigns, sets aside and reserves for recreational areas in perpetuity, the following parcels appearing on the Map of Summit Estates at East Marion, and marked as Parcel "A" - Open Space, Parcel "B" Open Space, Parcel "C" - Open Space and Parcel "D" - Park and Recreation Area, subject to the following conditions: (a) Declarant covenants and agrees that at or before the time when 20 of the lots have been conveyed by it to third parties, that it will, at its own cost and expense, establish a not-for-profit corporation to be known as "Su~ait Estates Property Owners Association", hereinafter referred to as the "association" and within sixty (60) days thereafter convey to such association all of the right, title and interest of the Declarant in and to said Parcels "A", "B", "C" and "D", together with any and all streets and drainage areas shown on said subdivision map not dedicated to the Town of Southold. (b) The use of the reserved areas denoted as Parcels "A", "B", "C" and "D" as shown on the filed map shall be for recreational and conservational purposes in accordance with the rules and regulations as may be promulgated by the Declarant or the property owners association to be formed. The Declarant, its successors or assigns, may construct recreational facilities in these areas subject to the approval of the Planning Board of the Town of Southold. However, the dock as it presently exists in Gardiners Bay on the southerly side of Reserved Area "Parcel D" due to its size and lack of water is for the exclusive and private use of Lot No. 3 and the owner of Lot No. 3 shall be responsible for the maintenance and upkeep of the dock. It is contemplated that an extension to the existing dock might be constructed. This dock extension need not be be built and any such extension of the dock shall be within the sole discretion of the Declarant pending governmental approvals. If such govenmental approvals are obtained for a dock extension and the Declarant decides to construct the extension, at its own cost and expense, then it ia the Declarant's intention to transfer to the Summit Estates Property Owners Association the control, use, possession, maintenance and upkeep ~esponsibilities of the '~existing dock with the extension, with the owner of Lot No. 3 lonly retaining the exclusive right to use the southerly four dock spaces on the dock extension. -3- 13. Upon the creation, of the association as hereinbefore provided, every owner of a lot shall be deemed a member thereof, and shall be subject to the by-laws and rules and regulations thereof. 14. Within sixty (60) days after the creation of said association, by-laws shall be adopted for the government thereof which said by-laws and any amendments thereto shall be approved by the Town Board of the Town of Southold. 15. The by-laws of such association shall, in addition to other matters, provide for the following: (a) That the owner of each lot shall be entitled to one vote at any meeting of the association. (b) That every lot owner shall be subject to a propor- tionate share of the expenses of the association including taxes, insurance and any and all expenses incurred by the association for the improvement, maintenance and use of the property of the association. In the event that the control, use and possession of the dock is assigned to the Association a separate assessment shall be imposed on each participating lot owner using the dock. (c) That every lot owner shall have an equal right, in common with all other lot owners, to the use and enjoyment of the property of the association, subject however, to the by-laws and rules and regulations of the association. (d) That the association shall have the right to borrow such sums of money as it deems necessary for cost of the main- tenance and improvement of its property and to secure the same by a lien on its property. (e) That the association shall have the right to suspend the voting rights of a lot owner for his failure to pay when due any and all charges due the association; that all such unpaid charges shall be a lien on the lot of such owner and that the association shall have the right to collect the same and to enforce the lien thereof by any means authorized by law. (f) That the association shall pay all taxes, assessments and other charges imposed by any governmental agency as and when the same are due and payable. (g) That the association shall maintain adequate fire, public liability and such other insurance as it deems necessary for the protection of its property and members. (h) That the association shall use, operate, and maintain all of its streets and other property owned by it in a safe and .proper manner and in accordance with the laws, rules and regula- tions of the Town of Southold and other governmental agencies having jurisdiction thereof. -4- (i) That the duration of the association shall be perpetual. 16. These covenants and restrictions shall run with the land hereby and shall bind and inure to the benefit of said parties hereto, their heirs, administrators and assigns until January 1, 2010, after which time they shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in whole or in part, shall have been recorded, however, notwithstanding any of the above Reserved Areas marked Parcels "A", "B", "C" and "D" shall remain in perpetuity. 17. These covenants and restrictions may be enforced by an action for damages or injunctions or both. The Declarant, its successors or assigns, hereby reserve the right to alter, modify, extend, terminate or annul any of these covenants in whole, or in part, without the consent of any person. 18. Invalidation of any of the aforesaid covenants and restrictions by judgment or court order shall not affect any of the other provisions which shall remain in full force and effect. Failure to enforce any provision herein contained in any par- ticular instance shall not be deemed a waiver of the right to do so as to any continuing, subsequent or other violation. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. ByGUSMAR~REALT'~'~ STATE OF NEW YORK: : COUNTY OF SUFFOLK: ss. On this day of , 1991, before me personally came , to me known, who, being by me duly sworn, did depose and say that he resides at , , ; that he is the of GUSMAR REALTY CORP., the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. Notary Public -5- PLANNING BOARD MEMBERS Bennett Orlowski. Jr., Chairman George Ritchie Latharn, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OFSOUTHOLD February 26, 1991 SCOTr L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Donna J. Geraghty Victorian Realty Corporation 110 Front Street Greenport, New York 11944 RE: Summit Estates SCTMg1000-35-8-5.3. Dear Ms. Geraghty: The following took place at a meeting of the Southold Town Planning Board on Monday, February 25, 1991. The preliminary public hearing, which was held open from February 4, 1991, was closed. The hearing was held open for the the Planning Board to review their previous SEQRA determination and classification. Although the Negative Declaration incorrectly classified this action as unlisted, the action was properly coordinated as a Type 1 action. The classification on the Negative Declaration has been corrected. Be it RESOLVED that the Southold Town Planning Board grant preliminary approval on the maps dated October 26, 1990, subject to the following conditions: The utility easement, requested by Greenport Water Company, which is to be located between Lots 6 & 7, must be shown on the final map. Final maps must be submitted with six (6) date of the preliminary approval. If such plat The New York State Department of Transportation has indicated that any future construction along State Highway Route 25 would require a seventy-five (75) foot right-of-way. As the existing road is sixty-six (66) feet in width, the Planning Board is requiring that a strip of land, nine (9) feet in width along State Route 25, be offered for dedication to the State for future road widening purposes. This dedication should be indicated on the final map. months of the- is not so submitted, or an extension of time is not requested by the applicant and granted by the Planning Board, approval of the preliminary plat may be revoked by the Planning Board. A valid water contract and final maps with a current stamp of Health Department approval must be submitted prior to the scheduling of the final hearing. In addition, the following items must be submitted: A Draft bond estimate, which will be reviewed by the Planning Board and Town Engineer. A list of unit prices for bonding of subdivision construction can be obtained from the Planning Board Office. A Draft Declaration of Covenants and Restrictions, which will be reviewed by the Planning Board and the Town Attorney. The Planning Board may request additional covenants and restrictions after review of the final submission. A Homeowner's Association must be filed for the open space, drainage areas, and roads if they are not offered for dedication to the Town. A draft of the document must be submitted to the Planning Board for review prior to filing. Document that the Homeowner's Association has been filed must be submitted prior to endorsement of the map by the Chairman. The Planning Board may request additional information upon review of the final submission. If you have any questions, please do not hesitate to contact this office. Very truly yours, Bennett Orlowski, Jr. ~ ~ Chairman PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM: PLANNING BOARD OFFICE ToWN OF soUTHOLD scoq~F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: FROM: RE: Suffolk County Department of Health Suffolk County Planning Commission David Morrell, DEC Judith Terry, Town Clerk Board of Trustees Applicant Bennett Orlowski, Jr., Chairman Summit Estates SCTM~1000-35-8-5.3 Date: February 7, 1991 Please note correction of the enclosed Negative Declaration. Although this was coordinated as a Type 1 action, the Negative Declaration incorrectly classified this as an Unlisted Action. If you have any questions please contact our office. Enc 1. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards I elephone (5; 16) 765-1938 SCO'VI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Fax (516) 765-1823 August 13, 1990 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Summit Estates SCTM#: 1000-35-8-5.3 Location: Southwest corner of Main Road (N.Y.S. Rte. 25) and Shipyard Lane in East Marion. SEQR Status: Type I (X) Unlisted ( ) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Residential clustered subdivision of 35 lots on 40.8223 acres. Lots are to be approximately 30,000 in area. Page 2 Summit Estates SEQA Negative Declaration Con't. Reasons Supporting This Determination: An Environmental assessmenthas been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. The New York State Department of Environmental Conservation has responded, and has no objection to the Planning Board assuming lead agency status. This agency also commented that it is possible that tidal wetland or freshwater wetland permits will be required. The subdivision has been designed with open space adjacent to Gardener's Bay and covenants and restrictions stating that the drainage pond is to be left intact in perpetuity. The Southold Board of Trustees also requested that the drainage pond be left intact in perpetuity, and that there be no lot or road drainage into the pond. The Planning Board has required that the above be included in a Declaration of Covenants and Restrictions. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 CC: Suffolk County Department of Health Suffolk County Planning Commission David Morrell, DEC Judith Terry, Town Clerk Board of Trustees Applicant HORTH FORK EHYIROHMEHTAA. COUI4CIL Route 25 at Love Lone, PO Box 799, Mottituck, NY 11952 516-298-8880 Southold Town Planning Board February 4, 1991 public hearing "Summit Estates" com~ents of Sherry Johnson I've been with the NFEC for 3 months now and I finally feel that I'm getting up to speed, and getting a routine down in regard to following projects. In my seven yearslof previous experience one of the things that I've learned best is the earlier you get involved in a project, the better. I almost feel badly coming into some of these projects at this point because I wish that I had been able to become involved at an earlier stage. On August 13, this project was determined to be an Unlisted action and given a negative declaration. That determination is wrong. Pursuant to the Peconic Bay and its environs being designated a Critical Environmental Area this project should have become a Type I action and probably should have gone through a full review. It didn't. I knoW that NFEC is going to do better in the future to keep track of these details, I hope that you will too. As for the project itself, next to the density the thing that bothers me is the distribution of the open splace. I would really like to see a configuration that incluided connecting the small wetland behind lots 14, 15 and 16 to the block left open along Route 25. This would save s~me habitat and provide a small buffer for some of the existing lots on Maple Lane. a non-profit orgoulzatlon for the preoervation of land. oeo, air and quality of life printed o~ 100% recycled paper NG BOARD Orlowski, Jr., Ritchie Lalharn:, i~ ~ Richard G. Ward Mark S. McDonald Kcnnclh L. Edwards 516) 765-1938. i PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO~UF L. HARRIS Supervisor Town Hall, 53095 Main Rc P.O. Box 1179 Southold, New York 1197 Fax (516) 765-i823 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination o~ Non-Significance 13, ~990 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Summit Estates SCTM~: 1000-35-8-5.3 Location: Southwest corner of Main Road (N.Y.S. Rte. 25) and Shipyard Lane in East Marion. SEQR Status: Type I ( ) Ualisted (X) Conditioned Negative Declaration: Yes ( No {X ) Description of Action: Residential clustered subdivision of 35 lots on 40.8223 acres. Lots are to be approximately 30,000 in area. · - :,~-,~--?~ ---.'9-:--~- ~ - ~ ' · · rr~m the hcad- B Rebecca Morris - ' . nor canstructlon, would be a Type 1 actmnunder the The Pe~Jmc Bay system extends · I~sl~ti~. that would ~'equire extensive environ- : mental rev~e~ws of most development proposals Within 500 f~e~t~ff th~ Pe~nic Bay system shoreline wasi. signeffqii~0~l~-v~ ~,~terday by Suffolk County Exe~:utiee:Patrick Halpin at a ceremony on the banks 'of Sag-.Harb0r~~ "This law~ilkmake sure that whatever develop- ment ecOa;rs gdtl have as Ii :tie negative impact as pos- siblo on the-Pecon'~Bay, Halpin said. The la~_n~r~l_ ~by Legis. Fred Thiele iR-Sag Harberl, de~ignat~z the ~ntir,e Peconic Bay area a "critical ,nvironrdental s ea.' That means that al- mosi. ah} :l~ve 6bm~nt pr} .~osal within 500 feet of the shore~bx ~ _.I~7~. ~sa$or~i_~ g!e-family housing and mi- state Environmental Quality Review Act. In a Type 1 action, developers must submit a long- form environmental assessment, which r~quirea them to check an extensive list of potentially negative environmental impacts. In many cases, they also would have to prepare a full-fledged environmental impact statement, a much more extensive analysis. Many of these propos~ds already are T3 pe I actions. but Halpin said yesterday that the taw signaled the county's intention "to ~e much more eg~assive in reviewing applications for developmen ," especially in the early st~ages. "I lon't want Icou ;y agencies] simply reacting to a .ad application after it has gained some momentu a." waters of the Peconic River to Block lbland Sound. The law takes effect in about 30 days,' and is t, he enforced by local planning boards. A.s he signed the bill. Halpin was flanked b5 Thicle and 17 envi,onmentalists find town and village offi- ciab from the East End, including Larry Penny, head of East Hampton's Department of Natural Res,t; ye,,, and chairman of the Pcconic Bay 'ras~- Form'. l [alpnl praised Penny for seeking pmtectton 5.- the Pecmfic' Con~ess recently sent to President ?.onald Reagan a hill that would make the Peconic pat' ofthe Nation- al Estuary Prog'ram. which would ma~ c it eligqblc ii,' federal research funding. --Off ia-ls Back.Brookhaven Lab Incinerator By Kinsey Wilson. A proposal to bfiild a major waste-to-energy plant at the Brookhaven National Laboratory, suggested nearly two years ago as a means of solving eastern Suffolk's garbage problems, is now under active con- sideration by federal, state and local officials. "Ederyone wants the arrangement to go forward," said Gerald Breznec, a regional solid-waste en~neer for the state Depar, ment of Environmental Conserva- tion. "It's a question of some of the details." . Brezner declined to discuss the specifics of the pro- posal, saying negotiations had reached ff delicate stage. "I don't want to screw up the deal," he said..- But Brezner confirmed that a meeting had been held earlier this month between Rep. George Hoch- brueckner (D-Coraml and-tepresentativas of the DEC, Brookhaven Town and the federal Department of Ener~ to discuss whether the lab could serve as a site for a regional incinerator. Peter Scul!y, Brookhaven's deputy supervisor, said Hochbrueckner had agreed to make further inquiries in Washington, D.C., but was likely to wait until after the election. Hochbrueckner could not be reached for In the meantime, Brezner said, the town is expect- cci to discuss the details of the proposed plant with represbntativea of the lab. "There was a general feeling that what the town is Department's Brookhav~n office. Earlier studies have recommended censtruction of a 1,800-ton-a-day facilky. But Sca fly said Brookhaven Town Board members are leery of relying on a single plant that, if built, would be 'the largest waste-to-en- ergy facility in Suffolk County. "You'.re more likely to see several smaller plants," he said. Officials yesterday said the use of the lab property is attractive for several reasons First, it would provide a re~monal solution td local garbage-disposal problems, something ;he DEC has advocated for several years. So far, only Brookhaven and Riverhead have pledged to cooperate ~lth the plan, but Brezner said the facility could handle some ga?bage from other East End towns if they were to join the plan later. Second, officials said, it is felt the use of lab proper- ty would make it easier tbr town officials to sell the concept of a regfonal facility, a propasal that might otherwise meet with stiffcommunity opposition. Finally, the plant could provide the lab With a source of cheap electric poT.~er, a major component in the cost of the operations there. . .. A~ currently propo~'d, plans call for using 2,9 acres of vacant property in the southeast corner of the lab's land near the Long Island Expressway and the Wil- liam Floyd Parkway. The land would be sold to the state for $1. The plant would be built by a private is no'estimate of the cost of constructkm. While h'e declined to speculate on *.he fedt,ra[ gov- ernment's view of the proposal, Belle ~s said a lbrmal request from state and local agencies "would certain- ly he considered on the merits." A decision to sell the land ultimately would be based on an evaluation of the lab's future needs and the use tc which the land would be put Bellows said. The actual transfer would involve ~'everal aguncm.~ -- inclhding the consortium of universities that run the lab, the Energy Department, which oversees the' facility, and the General Services Adminisu'ation, which is respdn~ible fi~r the sale of all federal property. If the proposal is ultimately approved. Scully said, the town would consider using the existing tewn hind- fill' in Yaphank~as a repository for the ash generated by the plant. Officials have estimated there is enough room at the landfill to handle ash fl)r the useful lift' the plant, or abeut 25 years. Brezner said Brookhaven has taken the puaitiml it would only dispose of ash generated by garbage cum- hating from the town· Other towns weald then take responsibility fi~r their proportionate share of thc ash. While state law requires Ixmg Island landfills to close by 1990, Brezner said the law does not pr.hihit the operation of ash-fill sites. Scully said Brookhaven has held off on plans to construct a local incinerator for nearly a yem' in an ? rtl hyak ng for, in terns of size needed to be better de- contractor for the Town of Brookhaven and would be effort to cooperate with the DEC's efforts te fi~rge a '' fine~, smit.ldrry'ltelFows, manager br'the Energy paid for through tewn_tm~es and garbage fees. Thei'e regional solution ta the ffarbage crisis. I . . . ;... . , . . '~. .... -? 1 -32- ~617.12 8617.13 more than 15~,000 persons: a facility with more than 240,000 square feet of gross fl~or a~ea; ~ (7~t ~'an~.~ ~.,~ructure. exceeding 100 feet above original ground level inca locall%y~wlthout any zoning regulation per{aining to height; (8) .any non-agricultural use occuring wholly or partially within an agricultural district (certified pursuant to Agriculture and Markets Law, article 25, section 303 and 304) which exceeds 25 percent of any threshold established in this section; (9) any Unlisted action (unless the action is designed for the preservation of the facility or site) occurring wholly or partially within, or substantially contiguous to, any historic building, structure, facility, site or district or prehistoric site that is listed on the National Register of Historic Places, or that has been proposed by the New York State Board on Historic Preservation for~a recommendation to the State Historic Preservation Officer for'nomination for inclusion in said National Register, or that is listed on the State Register of Historic Places (The National Register of Historic Places is established by 36 Code of Federal Regulation (C.F.R.) Parts 60 and 63, 1986 ~see section 617.19 o~ this Part).); (10) any Unlisted action, which exceeds 25 percent of any threshold (P +h~ ¢:rtion, occurring wholly or partially within or substantially contiguous to any publicly owned or operated parkland, recreation area or designated open space, including any site on the Register of National Natural Landmarks pursuant to 36 C.F.R. Part 62, 1986 (see section 617.19 of this Part); (11) any Unlisted action which exceeds a Type I threshold estab- lished by an involved agency pursuant to section 617.4 of this Part; or (12) ~y Umli~ted actio~ch ta~e~ placewholly or ~arttally with~or $~b~tantially c~ntiguou~ to any cHticml environmental area de$ioma~#~,a )~,'.&l or state a~ncy pursuant to section 617.4(h) of ions which have been determined not to )n ~theenvironment are classified as Type II PLANNING BOARD 2 r ~ FEBRUARY~ 1991 WHEREAS, Barbara Sowinski is the owner of the property known and designated as SCTM #1000-103-1-20.2, located at the west side of Harbor Lane in Cutchogue; and WHEREAS, this minor subdivision to be known as Minor Subdivision for Barbara Sowinski, is for two lots on 4.3075 acres; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), part 617, declared itself Lead Agency and issued a Negative Declaration on December 18, 1989; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on February 4, 1991; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning approve and authorize the Chairman to endorse the final survey dated October 2, 1990, with the condition that prior to the Chairman's endorsement of the maps that street trees be planted, 40 foot on center, along Harbor Lane. This condition must be fulfilled within six (6) months of the date of this resolution, or the conditional approval will expire. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes:~ Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Moving on to preliminary subdivision at 7:35 p.m. Summit Estates -.This major subdivision is for thirty-five lots on 4.8223 acres located on the southwest corner of Main Road NYSRt. 25 and Shipyard Lane in East Marion. SCTM # 1000-35-8-5.3. We have proof of publication in both the local papers. At this time everything is in order for a preliminary hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this subdivision that may be of interest to the Board? PLANNING BOARD 3 FEBRUAR~ 1991 Donna Geraghty: I had spoken to Melissa last week in reference to Lots number 6 and 7 for easement for a water main. Do you have any objection to that or is there anything that should be added or changed, lot lines or anything? Mr. Orlowski: Well, not right now. This is a preliminary hearing so we haven't made that decision yet. Any other comments? Sherry Johnson: Good evening. I am representing the North Fork Environmental Council. At this time, we don't really have any endorsement or objection to the subdivision and I almost feel badly coming into some of these projects so late being they are so far along. On August 13th, this project was determined an unlisted action and given a Negative Declaration. I believe that determination is wrong, pursuant to the Peconic Bay being designated a critical and environmental area. This project should become a type I action and probably should have gone for a full review. It didn't. I know that NFEC is going to do better in the future to keep track of these details and I hope that you will to. As for the project itself, next to the density, the thing that bothers me is the distribution of open space and I would really like to see a configuration that included connecting the small wetlands behind lots 14, 15, and 16 to the block left open along Route 25. This would save some habitat and provide a small buffer for the existing lots on Maple Lane. Thank you. Mr. Orlowski: Any other comments? Donna Geraghty - If I could just react actually physically walk the site? Sherry Johnson: No, I haven't. to that. Did you Donna Geraghy: O.K. your comments on Lots 14, 15 and 16 on the map it shows that there is a depression there. There is absolutely no real wetland there. If you walk the site; it is relatively dry and there is nothing more there so I would say probably it is one thing to be able to come in and look at the ~ap and see depressions and whatnot, but it is another thing to physically go out there and inspect the site and realize that there really isn't any habitat or such there. Mr. Orlowski: Any other comments? Hearing none, any questions from the Board? None. Mr. McDonald: I make a motion that we hold this open while we go back and check the SEQRA determination. Mr. Ward: Second. PL~{NING BOARD 4 FEB 1991 Mr. Orlowski: I have a motion made and seconded to hold this motion open. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Orlowski, Mr. Latham. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: 7:40 p.m. Southold Villas - This subdivision is for seventeen affordable lots. The parcel is located on the west side of NYS 25 approximately 1,400 feet north of Ackerly Pond Lane in Southold. SCTM 9100-70-1-6. Are there any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this subdivision that may be of interest to the Board? Hearing none, any questions from the Board? Board: No questions. Mr. Orlowski: Being there are no further questions, I'll declare this hearing closed. This is an affordable housing project and I'll ask if the Board has any pleasure. Mr. Ward: Mr. Chairman, I would like to offer the following reso~[ution. RESOLVED that the Southold Town Planning Board grant prelJ.minary approval on the subdivision map dated January 16, 1991, subject to the following condition. Review and acceptance by the Planning Board and the engineer, of the revised drainage plans dated January 16, 1991. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the ~otion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? S6 ordered. **************************************** Subdivisions - State Environmental Quality Review Act Mr. Orlowski: 7:45 p.m. Angel Shores - Public hearing on the Draft Environmental Impact Statement dated December 1990. SCTM # 1000-88-1,4,5. This is open for public comments. This comment period will be open to February 13th so there is still PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 5, 1991 SCO'IT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Donna. J. Geraghty Victorian Realty Corporation 110 Front Street Greenport, New York 11944 RE: Summit Estates SCTM#1000-35-8-5.3. Dear Ms. Geraghty: The following took place at a meeting of the Southold Town Planning Board on Monday, February 4, 1991. The preliminary public hearing, which was held at 7:35 P.M., was kept open. The hearing will remain open until the Planning Board reviews their previous State Environmental Quality Review Act determination and classification. If you have any questions, please do not hesitate to contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman ; a PubUc heusing will be beld by h'~e ~old Town l~ann/ng Board ]Own HaH, Ma n Road, hold, New Ye~k/n sa/d Town m ~ of the foHowin&: 30 p.m. Fina~ approva~ of the -- mla//v/si<m for Bad~a~ So~n. ocated in Cutcbogue. Town of ~old, County of Suffdk and the Hf New Yolk. Suffolk County tap Number. 1000-I0~-I-20.2. · preperty is bordered ~ the by land now or formerly of et Corp,; on the east by land · ~ formerly of He~oen & Ruin by land now or formerly of Manarel. by land now or for- 'of William B. & Alice M. LI and by Harbor Lane; on tl~ south by land now or formerly of : orR now or formerly of FFink Ce- ' f~'medyofMm/o~Klag;eoine~st ~hano~i~ 1]~ ~ ~ ~ ~ f~efly ~ ~s 7:35 R~ ~ ~d of F~e. ~ ~ n~ or fo~ ~ ' ~e F~ke & ~as F~e. by · e major ~u~ivlai~ for Summit Main R~d N.~S. Rte. 25; ~ ~e ~ ~old, C~ty ~ S~o~ ~ now ~ fo~erly of ~e S~ uf New Yo~ ~o~ C~. ~ ~ M~ N~. 1~35-8-5.3. meny ~ ~u~las ~ez & W~li~ the east by Shil~ard Lane and by land now or formerly of Parkside Heights Co.; on ine south by land now or formerly of Palkside fleighu Co.; by land now or formerly of Cleaves Point Condominium, by Gardlnets Bay, by land now or for. m~r!y of Crescent Beach Condo. erly of James P. Kavanagh, by land now or formerly of JL. nes R Kavana~h & Kat~ Kavanagh, by land now or formerly of Fred R. Schoenste/n & Jennie Schoe~steln. by land now or formerly of John Aexd & Ma~uerita Tam Aexel, by land now or formerly of Otto Schoenste. in& lone Schoenstein, by had now or formerly of C. mmaus/ne Hanofilis & Demetrios Hartofilis and Theodore G. MiHer & Mary Miller, by land now or fomtedy of Kevin Robert MeElroy & Anne Made McEltoy, by land now or for- merly of ~ D. Boats & Ail/son C. Bouts, and by land now or for. mealy of Antonias O. Katsimatides & Calliope Kab/mat/des. 7:4O P.M. Prd/mina~/apptov~ of the major subdivision for SoUthold Villas, located in .~x~thold. Town of Soutbold, Co~nty of Suffolk and the State of New York. Suffolk Ce~nty Tax Map Number. 1000-70-I -6. The property is bordered on the n~x'th land now er fonneily of Russell Ann oe fon~edy of Diller Hemblo & ThOmas E. 7:45 EM. Public h~g ~ ~e ~ Envi~l ~ S~te. ~t ~ ~r 1~, ~ ~. f~' ~ ~ T~ ~ N~- ~ri~ w~ mn un~ Febma~ 13, ' ~ the southwest by Cedar Point R~d, ~ ~d now or fo~edy of ~, ~ ~d ~w or fo~y ~ ~,~n~f~ ~t~sl~ (Su~olk C~nty ~'~ J. ~ ~bler R~. BY ORD~ OF ~E ~U~o~ ~ ~G BO~ 20~ ~ of Mattituok, In sworn, says that he/aha is Pflnclpal I( TIMES, a Weekly Newspaper, In the Town of $outhold, County of r Yort~ and that the Notice of which =om, has been te~ularl~ published in each week for ~ weeks :lng on the ~/ day of Principal Clerk ?/ LEGALS NOTICE Notice of Public !leafing NOTICE IS HRREBY GIVEN that pursuant to ~tion 276 of the Town Law, a pnblic hearing will be held by the Southold Town Planning Board, at the Town. Hall, Main Road, Southold, New York, in said Town on the ilth day of Febru- ary, 1991, on the question of the following: 7:30 pm. F~nai approval of the minm ~ubutv~s~o,~/or bara Sowinski, located in Cutch- ogue, TOwn of Southold, Coun- ty of Suffolk and the State of New York. Suffolk County Tax Map Number 1000-103-1-20.2! The property is bordered on the north by land now or formerly of Dalchet Corp.; on the east by land nowor former- ly of Herbert & Ruth Boll, by land now or formerly of Viola Manarel, by land now or formerly of William B. & Alica M. Campbell and by Harbor Lane; on the south by land now or formerly of John Madzelan; on the west by lam:l now or formerly of Frank Cichanowicz Ill. 7:35 p.m. Preliminary ap- proval of the major subdivision for Summit Estates, located in East' Marion;'Town of S0uthold, County of St~ffolk and the State of Nmv York. Suffolk County Tax Mai: Number 1000-35-8-5.3. The property is b0~ on the north by Main Road N.Y.S. 25; on the east by Shipyard Lane and'by land now or formerly of Parkside Heights Co.; on the south by land now or formerly of Parkside Heights Co., by land now or formerly of Cleaves Point Condominium, by Gardi- nets Bay, by land llOW or formerly of Crescen~ Beach Condominium; on the West by land now or formerly of James P. Kavanagh, by land now or formerly of James P. gavanagh & Kathleen Kavanagh, by land now or formerly of Fred R. Schoenstein & Jennie 'Schoen- stein, by land now or formerly of John Aexel & Mar~uerita Tam Aexel, by land now or formerly of Otto Schoenstein & June Schoanstein, by land now or formerly of Constantine Hartofilis & Demetrius Harto- fills and Theodore G. Miller & Mary Miller, by land now or formerly of Kevin Robert McElroy & Anne Marie MeElroy, by land now or formerly of Larry D. Bouts & Allison C. Bouts, and by land now or formerly of Antonius G. Katsimatides & Calliope Katsi- matides. 7:40 p.m. Preliminary ap- proval of the major subdivision for Southold Villas, located in Southold, Town of Southold, County of Suffolk and the State of New York. Suf~folk County Tax Map Number I000-70-1-6. The property iff bordesed on the north by land now or formerly of Russell Mann & Joan Mann, by land now or formerly of Marion King; on the east by land now or formerly of Thomas Franke, by land now or formerly of Jane Franke & Tho- mas Franke, by Main Road N.Y.S. Rte. 25; on the south by llnd now or formerly of Mar- queite Young, by land now or formerly of Douglas Piez & William Cmwford, by land now or formerly of Anna BB[n_ ett, by · landnow or formerly of Flower Hill BuildingCo~.;.on. t~ ~'st by land now Or form~ly dfAnn Diller Hemblo & Thomas E. Hemblo. 7:45 p.m. Public beanng on the Draft Environm~ntai Impact Statement dated December 19~, for Angel Sbores. This propo~..d subdiviaiol~ ia located in Southold, Co~_ty ~ ~tffolk. Suf,~oIk County' ~ax~p No 100i~-88-6-1,4,5. Public c~mment period will run u~,~Febroary The property is bordered on the northeast by Main Bayview R~ad; on.the southeast by Cedar Be~ch Road; on the southwest by Cedar Point Road, by land now or' formerly of Zevits, by land now Or formerly of Kop- hen, by land now or fonnesly of Hancock, by land now or ~ormerly of Mullias, Peconic Bay, by rand now or formerly of Vanderbcek; on the southeast by Little Peconic Bay Lane; on the northwest by Terry Wa~rs Sub- division (Suffolk County File g2901), and Rambler Road. Any person desiring to be heard on the above matter should appear at the time and place specified. Dated: January 28, 1991 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Orlowski Jr. Chairman 1X, 1/31/91 (10) COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at $outhold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Trav~eler-Watchman once each week for ........... fi' ...... weeks successively, commencing on tile ......... .,~.. 4( ~ day~ ., Sworn lo beflwe me this ........... ~.../. ...... clay of ..... .~...~ ....... ~9 ................. ...... Notary Public I~ARaAR~ A. SCHNEIDER NOTARY PUBt!C, State o[ New Yorlt No..c 908 ~6 R~ ~:lff~,~d m :;;fib k County. REALTOR ® VICTORIAN REALTY com. "A Full Service Realty" Southold Town Planning Board Town Hall 53095 Main Road. Southold,NY 1197] January 29,]991 RE: Summit Estates East Marion~ NY Dear Melissa, On monday evening I met with the Greenport Water Company. They would like me to dedicate a utility easement for the purpose of running a water main between lots #6 and 7. I informed them that I would not have a problem with this as long as it did not interfere with the planning board process. Please advise me if it does not. Very truly yours DG:gh 110 FRONT STREET · GREENPORT, NY 11944 · (516) 477-2730 · FAX (516) 477.8643 X PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-t938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 15, 1991 SCO'¥F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Donna J. Geraghty Victorian Realty Corp. 110 Front Street Greenport, New York 11944 RE: Summit Estates SCTM# 1000-35-8-5.3 Dear Ms. Geraghty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, January 14, 1991. RESOLVED that the Southold Town Planning Board set Monday, February 4, 1991 at 7:35 P.M. for a preliminary public hearing on the maps dated October 26, 1990. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. / Chairman ~ i OWNE Sidney B, Bowne, P,E,, L,$. (1972-1959) pA R .r .N.~E=R.c~ Th o nl~,S R. Pynchon, L,$. December 18, 1990 Mr. Bennett Orlowski, Jr., Chairman Planning Board Town of Southold 53095 Main Road Southold, NY 11971 Re: Summit Estates at East Marion S.C.T.M. No. 1000-35-8-5.3 SBB No. 87662 Dear Mr. Orlowski: We have reviewed the most recent grading and drainage plan for the above referenced subdivision (dated 10-26-90), and we find it to be in conformance with Town requirements. We note that the plan indicates a 28 foot road width. Is this required under the current Town code? Very truly yours, CENT MARIC VM:ls DEC 2 0 : 45 Manor Road · Smithtown, New York 11787 · (516) 724- 0611 235 East Jedcho Turnpike ° p.O, Boxl09 · Mineo~a, NewYork 11501 · (516) 746-2350 Town l-hlL P.O. Box 1~99 Somhoid. New York 11971 PLANNING BOARD OFFICE TOWN OF $OUTHOLD SCOTT L. HARRIS Pix (516) 765-1823 Telephone ($16) 765-18 ,~ Bennett Or~owski, ~., Chairman SouChold ~own Planning Boar~ P.O.Box 1179 SouChold, New York 11971 Dear Mr. Orlowski, Jr., Ret .'s'r.,,~ ,,f rr' $.B. It is eeclmated that the cost of reviewing 'the above-note~ exceed.applicati°n$_'ff~as per. ~our letter of A~o4.1 , /Ho should hoc No work in excess of ~hat amount will be undertaken by khis office unless so au~horized by the Planning. Board in writing. Under~ake ~he review. · , Please notify ~his office in wri~//~g, if l~u wish us to Southold Town Planning board Facsimile Number: 765-1823 Robert W.~r!n. . OEC TRANSMITTED TO: ORGANIZATION: -.~ ur?~o~'1::> 'SIDNEY B. BOWNE & SON FROM: DATE: TIME: I'Z. AM / PM .' JOB NUMBER: NUMBER OF pAGEB (Imlu~i~ tl~ u~): SUBJECT: COMMENT~: If you do not receive all the pages as indicated above pleaae call the sender at (518) 724 - 0811 aa soon aa possible. 4~MN~rP, ea0 , ~fl~ltFttow~t, NewYol'k 117~? · (~lla) 7~4.0~11 · FA~ (~16)724.031~ Tows H~II, 53095 M.in Rosd P.O. Box 1179 $outhold, New York 11971 PLANNING BOARD OFFICE T~V~ OF $OLrrHOLD SCOTT L. HARRIS Supervisor Fax (516) 765-1823 Teiephooe (516) 765-1800 Benne=t Orlowski, Jr., Chain~an Sou=hold Town Planning Board P.O.Box 1179 Southold, New York 11971 Dear Mr. Orlo~ski, Jr., Re: ..'JU~4~JT ~'m-~'~'..~ ,e~ ~:~"~A~~ SCTM No. iooo- :~'-$-~'.$ S.Bo File No. ~7~ .. It .is estimated that the cost of reviewing the above-noted application as per your letter of ~o~. /, I~O, should no~ exceed. $ Z . .. .. No work in excess of that amount will be undertaken by ~his office unless so authorized by the Planning. Board in writing. · , Please notif~ this office in writing, if you wish us to undertake the rewew. Southold Town Planning Board Facsimile Number: 765-~823 Rober= W. Brown TRANSMITTED TO: SIDNEY B. BOWNE & SON FAX TRANSHTTTAL FORH NAME: ~ ~-~"C.i ORGAN~ZATIO~I: FAX NUMBER: "'"~.~_~""- FROM: ~ATE: /! / ~' TIME: / ;'~f'~ SUBJECT: COMMENTS: JOB NUMBER: '~ 7~ ~' NUMBER OF PAGE8 (In,ut,ne ~J ~): CUENI~FORM~FAX. DOC 1E/28/e= If you do not receive all the pages as indicated above please call the sender at (516) 724 - 0611 as soon as possible. 4~ManmP~aa . Smlthtewn. NewYork 11781 · (515) 724.0611 * FAX: (516)724-O.115 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. Mc:Donald Kenneth L. ]Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Robert; W. Brown Sidney B. Bowne & Son 45 Manor Road Smithtown, New York 11787 ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Dear Mr. Brown The Southold Town Planning Board hereby refers the following application to your office for review. Tax Map No.: Bowne File No.: Hamlet Location: Type of ADplication: Sketch Subdivision Map (Dated / / Preliminary Subdivision Map (Dated to / Final Subdivision Map (Dated / / ) Road Profiles (Dated Grading and Drainage Plans (Dated Other (Dated Sketch Site Plan (Dated Preliminary Site Plan (Dated Grading and Drainage Plans (Dated Other (Dated se develop an estimate of what it will cost to Plea ......... ~-w of the enclosed pla, n (s~ Enter the cost estimate on the enclosed reply sheet, then send its facsimile to this office. If the Planning Board wishes you to proceed with the review, it will send a facsimile of a purchase order authorizing the work to be done. The actual purchase order will be sent through the mail. If there are any questions, please contact Planning Staff. Very Truly Yours, Bennett Orlowsgi, ~r · Chairman cc: Ray Jacobs, Highway Departmen~ SENDER: SUBJECT: SCTM# :: COMMENTs: SUBMISSION WITHOUT COVER LETTER JAME~ A. KUZLOSKI REGIONAL DIRECTOR STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788 FRANKLIN E. WHITE COMMISSIONER October 22, 1990 Mr. Bennett Orlowski, Jr. Town of Soutbold Planning Board Office Town Hall, 53095 Main Road Southold, NY 11971 Dear Mr. Orlowski: Subdivision Proposal Su~mit Estates East Marion SCTH~ 1000-35-8-5,3 This is in reference to your recent letter concerning a dedication of land along State Highway Route 25, in coq unction with the above noted project. Our Planning Group has reviewed the site plan which was submitted to this office and has offered the following commants. Any construction that will take place along this section of roadway would require a 75 foot right-of-way. This would allow the installation of ~wo travel lanes, a combination left turn lane, two shoulder areas (each 25 feet wide) and a sidewalk area on the north and south of Route 25. There are no immediate or future plans to develop this section of roadway. However, if this property is acquired at this time it will eliainate any taking in the future. Any questions concerning this matter may be directed to this office at 360-6025. VITO F. LENA Regional Permit Engineer OCT 2 4 1990 VFL: BT AN EQUAL OPPORTUNITY/AFFIRMATIVE ACT/ON EMPLOYER PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (5 ] 6) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 23, 1990 SCOTT L, HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Donna J. Geraghty Victorian Realty Corp. 110 Front Street Greenport New York 11944 RE: Summit Estates SCTM# 1000-35-8-5.3 Dear Ms. Geraghty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 22, 1990. RESOLVED to adopt the engineer's report dated October 19, 1990.. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. /~ Chairman Encl.: Engineer's Report ASSOCtATE$ SPECIAL CON~ULTANTS Mr. Bennett Orlowski, Jr., Chairman Planning Board Town of Southold 53095 Main Road Southold, NY 11971 Re: Summit Estates at East Marion S.C.T.M. No. I00-35-8-5.3 SBB No. 87662 Dear Mr. Orlowski: We have reviewed the preliminary plan for the above referenced subdivision and, at this time, we have the following comment: 1. Catch Basins should be provided each side of Road "A" at Sta. 3+50. Upon receipt of the above we will complete our review. If you have any questions, please contact this office. Very truly yours, VINCENT MARICONDA VM:ls 45 Manor Road · Smithtown, NewYork 11787 · (516) 724-0611 235 East Jericho Tumpike · P.O. Boxl09 · Mineola, NewYork 11501 · (516) 748°2350 FOUNDER Sidney B. Sowne, P.E., L.S~ (1922-1959) PARTNERS Chester C. Kelsey, P,E., Re bert W. Brown, L.S. Frank J. Antetomaso, P.E. Ceorge A. Style, P.E, ~erry D. AImont, P,E. George L, Fagan~ Jr., Ph,O., P.E. Frank Cape bianco, C.E. Roger L. Cocchi, P.E. SPECIAL CONSULTANTS Thomas R. Pynchon, L.S. Prof. H. F. Soehngen, P.E., SENIOR STAFF Francis J. Lynch P hi~ip Schlotzhauer Joseph F. Stegman Richard S. Weber Ralph Anderson; L.S. A. Barton Cass~ P.E. Fredric C. Grif fiths, Jr,, Andriani Harris, Gregg G. Kelsey, P.E. Dane C. Kenny, P.E. Howard W, Miller, P.E. BOWNE SIDNEY B. BOWNE & SON October 19, 1990 Mr. Bennett Orlowski, Jr., Chairman Planning Board Town of Southold 53095 Main Road Southold, NY 11971 Re: Summit Estates at East Marion S.C.T.M. No. 100-35-8-5.3 SBB No. 87662 Dear Mr. Orlowski: We have reviewed the preliminary plan for the above referenced subdivision and, at this time, we have the following comment: 1. Catch Basins should be provided each side of Road "A" at Sta. 3+50. Upon receipt of the above we will complete our review. If you have any questions, please contact this office. Very truly yours, VM:ls 45 Manor Road · Smithtown, NewYork 11787 · (516) 724-0611 235 East Jericho Turnpike · P.O. Boxl09 · Mineola, NewYork 11501 · (516) 746-2350 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (51[6) 765-1938 PLANNING BOARD OFFICE TO%VN OF SOUTHOLD October 3, 1990 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Donna J. Geraghty Victorian Realty Corp. 110 Front Street Greenport, NY 11944 RE: Summit Estates SCTM# 1000-35-8-5.3 Dear Ms. Geraghty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Tuesday, October 2, 1990. RESOLVED to adopt the September 6, 1990, Suffolk County Planning Commission report with the following amendments (numbers correspond to numbers in report): 1 & 2. Are to remain as written. Is to be omitted. However, the document is to include a statement that the fence which extends into Open Space Parcel "C" is to be removed, as are the structures which are shown in that area. 4,5,6,& 7. Are to remain as written. The Planning Board will be requiring that a draft Homeowner's Association be submitted for review by the Town Attorney. This document must be filed prior to any endorsement of the map by the Planning Board Chairman. To be revised to read: These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoinin~ property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. Page 2 Summit Estates 10. Is to remain as written with the addition that the Liber and Page number of the filed document must be included on the final map. In reference to: Comment %1. The Planning Board awaits a determination from the New York State Department of Transportation on this item. You will be notified should this be required. Comment % 2. The Planning Board requested that a restriction be provided stating that the drainage pond be left intact in perpetuity. In addition, there is to be no lot or road drainage into the pond. Numbers 1,2,4,5,6,7,9 and Comment #2 must be presented in a Declaration of Covenants and Restrictions in proper legal form. A copy of the draft Declaration of Covenants and Restrictions must be submitted for review by the Planning Board and the Town Attorney. Once approved, the document must be filed in the Office of the County Clerk. Number 10 must be shown on the final map. You will be notified should Comment #1 be required to be shown on the map., Please contact this office if you have any questions regarding the above. Very truly yours, _ Bennett Orlowski, Jr.[~) Chairman enc. cc: Suffolk County Planning Commission DEPARTMENT OF PLANNING CINTY OF SUFFOLi( PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE September 6, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Preliminary Map of Su~it Estates Southwesterly corner of Main Road, N.Y.S. Route 25 and Shipyard Lane, East Marion, New York. T.P.I.N. 1000-35-8-5.3 Dear ]~r. Orlowski: The Suffolk County Planning Co~ission at its regular meeting on September 5, 1990, reviewed the proposed subdivision plat, entitled, "Preliminary Map of Summit Estates" referred to it pursuant to Section A14-24, ArticLe XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following ten conditions deemed necessary for good planning and land use. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board. 2. Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lot No. 3, this lot shall be made subject to a covenant that will prohibit its future subdivision. A short radius curve, preferably with a radius no greater than ~0 feet, shall be provided at the corner of Lot 3 and the Park and Recreation Area to facilitate turns at the corner and to enhance the streetscape. Ail stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site and shall not flow out onto Main Road (State Road 25) or into the state recharge basin. No residential structure or other major structure shall be located within 100 feet of the mean high water line on Gardiner's Bay. Page -2- 6. No sanitary disposal facility shall be constructed or installed within 100 feet of the mean high water line on Cardiner's Bay. J No stormwater runoff shall be discharged directly into Gardiner's Bay in any manner. ge The following requirements shall be taken to insure that the "open space areas" shown on this map will remain as open space excluded from future development. a) A homeowners' association shall be formed, if one does not already exist, to manage all "Open Space areas". b) Assessment of the "Open Space areas" shall be based upon these areas being open space and/or recreational areas. Such areas should be given a "zero" assessment and the assessment records prepared both for the Open Space areas and all the affected properties within the subdivision show that the value of the areas is "reflected" on the tax rolls by adding the proportionate share of the value of the common property to the value of the remaining properties in the subdivision. c) The "Open Space areas" shall not be subdivided in the future or used for commercial purposes. d) The homeowners' association shall not use the "Open Space areas" as collateral for improvements within the subdivision. e) The homeowners' association shall meet all requirements and regulations of the State Attorney General's office. (Refer to 13 N.Y.S.R.R. Parts 20, 21, and 22, issued by the New York State Department of Law). f) These requirements are necessary not only to protect the taxpayers of the Town of Southold but to prevent the county from having to acquire the property as the result of failure of the homeowners' association to pay the taxes on the "Open Space areas" and put these areas up for sale at an auction of tax delinquent parcels. g) Dissolution of the homeowners' association shall be prohibited without the approval of the Town Board or Planning Board. e Conditions 1, 2, 4, 5, 6 & 7, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. Page -B- These covenants and restrictions can be modified only at the request of the then o~raer of the premises with the approval of a majority plus one of the Board or Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 10. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map for your use and consideration: 1. Provision should be made for the obtaining of a dedication of land for highway purposes on the north side of Parcel "~' to improve the alignment of the state road and at the southwest corner of Main Road and Shipyard Lane so that a short radius curve can be provided at that location. Such a curve will facilitate turning movements and help to insure that sight distance will not become obstructed. 2. A 25 foot buffer surrounding the wetland on lots number 14 & 15 should be considered to help protect the integrity of the wetlands. Parcel "D", the Park and Recreation Ares, could be dedicated to the Town of Southold with an access agreement giving the homeowners access to Gardiner~s Bay. File: S-SD-79-15.1 FD:mb Encl.: Map cc: Edward Romaine, County Clerk Very truly yours, Arthur H. Kurtz Director of Planning irY~ubdtvision Re~ew Diva~orn PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 28, 1990 SCOTI~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Vito F. Lena N.Y.S. Department of Transportation N.Y.S. Office Building Veterans Memorial Highway Hauppauge, New York 11788 RE: Subdivision Proposal Summit Estates East Marion $CTM# 1000-35-8-5.3 Dear Mr. Lena: Enclosed please find a copy of the map for the above mentioned subdivision proposal and a copy of the September 6, 1990, Suffolk County Planning Commission report. The Board refers Comment Number 1 on page 3 to you for your opinion. Is this dedication necessary or desirable? If so, the Board will require it as part of the subdivision approval. Thank you in advance for your assistance. Very truly yours, Bennett Orlowski, Jr. Chairman enc. DEPARTMENT OF PLANNING CelNTY OF SUFFOLK ARTHUR H. KUNZ DIRECTOR OF PLANNING September 6, 1990 Mr. Bennett Orlowski, Jr., Chairman Town .of Southold Planning Board Main Road Southold, New York 11971 Re: Preliminary Map of Summit Estates Southwesterly corner of Main Road, N.Y.S. Route 25 and Shipyard Lane, East Marion, New York. T.P.I.N. 1000-35-8-5.3 Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on September 5, 1990, reviewed the proposed subdivision plat, entitled, "Preliminary Map of Summit Estates" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following ten conditions deemed necessary for good planning and land use. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board. Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lot No. 3, this lot shall be made subject to a covenant that will prohibit its future subdivision. :3. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of Lot 3 and the Park and Recreation Area to facilitate turns at the corner and to enhance the streetscape. Ail stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site and shall not flow out onto Main Road (State Road 25) or into the state recharge basin. No residential structure or other major structure shall be located within 100 feet of the mean high water line on Gardiner's Bay. Page -2- 6. No sanitary disposal facility shall be constructed or installed within 100 feet of the mean high water'line on Gardiner's Bay. No stormwater runoff shall be discharged directly into Gardiner's Bay in any manner. The following requirements shall be taken to insure that the "open space areas" shown on this map will remain as open space excluded from future development. a) A homeowners' association shall be formed, if one does not already exist, to manage all "Open Space areas". b) Assessment of the "Open Space areas" shall be based upon these areas being open space and/or recreational areas. Such areas should be given a "zero" assessment and the assessment records prepared both for the Open Space areas and all the affected properties within the subdivision show that the value of the areas is "reflected" on the tax rolls by adding the proportionate share of the value of the co~on property to the value of the remaining properties in the subdivision. c) The "Open Space areas" shall not be subdivided in the future or used for commercial purposes. d) The homeowners' association shall not use the "Open Space areas" as collateral for improvements within the subdivision. s) The homeowners' association shall meet all requirements and regulations of the State Attorney General's office. (Refer to 13 N.Y.S.R.R. Parts 20, 21, and 22, issued by the New York State Department of Law). f) These requirements are necessary not only to protect the taxpayers of the Town of Southold but to prevent the county from having to acquire the property as the result of failure of the homeowners' association to pay the taxes on the "Open Space areas" and put these areas up for sale at an auction of tax delinquent parcels. g) Dissolution of the homeowners' association shall be prohibited without the approval of the Town Board or Planning Board. Conditions 1, 2, 4, 5, 6 & 7, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. Page -S- These covenants and restrictions can be modified only at the request of the then ownsr of the premises with the approval of a majority plus one of the Board or Planning Board of the To~m of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 10. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map for your use and consideration: Provision should be made for the obtaining of a dedication of land for highway purposes on the north side of Parcel "A" to improve the alignment of the state road and at the southwest corner of Main Road and Shipyard Lane so that a short radius curve can be provided at that location. Such a curve will facilitate turning movements and help to insure that sight distance will not become obstructed. A 25 foot buffer surrounding the wetland on lots number 14 & 15 should be considered to help protect the integrity of the wetlands. Parcel "D", the Park and Recreation Area, could be dedicated to the Town of Southold with an access agreement giving the homeowners access to Gardiner's Bay. File: S-SD-79-15.1 FD:mb Encl.: Map cc: Edward Romaine, County Clerk Very truly yours, Arthur H. Kunz Director of Planning Fraf~k Dowling, ~f. Planner Subdivision Renew Division X25,4 ~(23,3 ×t5.3 'V LOCATION M A__~__ SCALE I"= 600' SUBM~!ssiofS WITHOUT COVER LETTERS SENDER: PHONE NUMBER: Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) '/65-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 30, 1989 AUG 8.1 ]9B9 SEP - 1989 · Susan Ackerman NYS Dept. of Environmental Conservation Bldg~ 40 SUNY, P4u 219 Stony Brook, New York'l~i1794 ~ ' Application for Peter Fakiris c/o Gusmar'Realty Shipyard Lane, Eas't Marion $CTM# 1000-35-8-5.3 Dear Ms. Ackerman: The Planning Board is currently reviewing a major subdivision proposal fox' the above mentioned parcel. At this time the Board has not started the Lead Agency Coordination process or granted any approvals on the subdivision. It is the Planning Board's understanding that the proposal before your agency is for the dredging necessarF for an individual boat of approximately sixty to seventy feet in length. It is also understood that the location where the spoil is to be deposited has not been defined. Please advise if you have any aS8~tional infoz~tion regarding the above. BENNETT ORLOWSKI, J~. CHAIRMAN cc: Michael Infurna, US Army Corps of Engineers Frank Kujawski, President Trustees Board Ruth Oliva, Councilwoman FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, Ill JOHN L. BEDNOSKI, JR. HENRY P. S~dlTH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1892 SEP September 27, 1989 J.M.O. Consulting PO Box 361 Wading River, N.Y. 11792 Re: Application No. 5-11-89-35-8-5.3 Peter Fakiris Dear Mr. Just: The following action was taken by the Board of Town Trustees during their regular meeting held on August 24, 1989 regarding the above matter: WHEREAS, J.M.O. Consulting on behalf of Peter Fakiris applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 22, 1989 and, WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a public hearing was held by the Town Trustees with respect to said application on August 24, 1989 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, NOW, THEREFORE BE IT -RESOLVED that application of J.M.O. Consulting on behalf of Peter Fakiris be TABLED pending approval from the Southold Town Planning Board. FAK: j as cc: CAC Planning Board Very truly yours, Frank A. Kujawski, ar. President Board of Town Trustees Page -3- These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Board or Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 10. The final map shall bear the following note: A Declaration of Covenants and Restrictions bas been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map for your use and consideration: Provision should be made for the obtaining of a dedication of land for highway purposes on the north side of Parcel "A" to improve the alignment of the state road and at the southwest corner of Main Road and Shipyard Lane so that a short radius curve can be provided at that location. Such a curve will facilitate turning movements and help to insure that sight distance will not become obstructed. A 25 foot buffer surrounding the wetland on lots number 14 & 15 should be considered to help protect the integrity of the wetlands. Parcel "D", the Park and Recreation Area, could be dedicated to the Town of Southold with an access agreement giving the homeowners access to Gardiner's Bay. File: S-SD-79-15.1 FD:mb Encl.: Map cc: Edward Romaine, County Clerk Very truly yours, Arthur H. Kunz Director of Planning Frs~k Dowling, ~. Planner Subdivision Renew Division Page -2- 6. No sanitary disposal facility shall be constructed or installed within 100 feet of the mean high water'line on Gardiner's Bay. 7. No stormwater runoff shall be discharged directly into Gardiner's Bay in any manner. 8. The following requirements shall be taken to insure that the "open space areas" shown on this map will remain as open space excluded from future development. a) A homeowners' association shall be formed, if one does not already exist, to manage all "Open Space areas". b) Assessment of the "Open Space areas" shall be based upon these areas being open space and/or recreational areas. Such areas should be given a "zero" assessment and the assessment records prepared both for the Open Space areas and all the affected properties within the subdivision show that the value of the areas is "reflected" on the tax rolls by adding the proportionate share of the value of the co~on property to the value of the remaining properties in the subdivision. c) d) The "Open Space areas" shall not be subdivided in the future or used for commercial purposes. The homeowners' association shall not use the "Open Space areas" as collateral for improvements within the subdivision. e) The homeowners' association shall meet all requirements and regulations of the State Attorney General's office. (Refer to 13 N.Y.S.R.R. Parts 20, 21, and 22, issued by the New York State Department of Law). f) These requirements are necessary not only to protect the taxpayers of the Town of Southold but to prevent the county from having to acquire the property as the result of failure of the homeowners' association to pay the taxes on the "Open Space areas" and put these areas up for sale at an auction of tax delinquent parcels. g) Dissolution of the homeowners' association shall be prohibited without the approval of the Town Board or Planning Board. Conditions I, 2, 4, 5, 6 & 7, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. ! DEPARTMENT OF PLANNING CeINTY Of SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY eXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING September 6, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Preliminary Map of Summit Estates Southwesterly corner of Main Road, N.Y.S. Route 25 and Shipyard Lane, East Marion, New York. T.P.I.N. 1000-35-8-5.3 Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on September 5, 1990, reviewed the proposed subdivision plat, entitled, "Preliminary Map of Summit Estates" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following ten conditions deemed necessary for good planning and land use. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board. Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lot No. 3, this lot shall be made subject to a covenant that will prohibit its future subdivision. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of Lot 3 and the Park and Recreation Area to facilitate turns at the corner and to enhance the streetscape. Ail stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site and shall not flow out onto Main Road (State Road 25) or into the state recharge basin. · No residential structure or other major structure shall be located within 100 feet of the mean high water line on Gardiner's Bay. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 28, 1990 Vito F. Lena N.Y.S. Department of Transportation N.Y.S. Office Building Veterans Memorial Highway Hauppauge, New York 11788 RE: SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Subdivision Proposal Summit Estates East Marion SCTM9 1000-35-8-5.3 Dear Mr. Lena: Enclosed please find a copy of the map for the above mentioned subdivision proposal and a copy of the September 6, 1990, Suffolk County Planning Commission report. The Board refers Comment Number 1 on page 3 to you for your opinion. Is this dedication necessary or desirable? If so, the Board will require it as part of the subdivision approval. Thank you in advance for your assistance. Very truly yours, Bennett Orlowski, Jr. r MS Chairman enc. Page -3- These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Board or Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 10. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map for your use and consideration: 1. Provision should be made for the obtaining of a dedication of land for highway purposes on the north side of Parcel "~' to improve the alignment of the state road and at the southwest corner of Main Road and Shipyard Lane so that a short radius curve can be provided at that location. Such a curve will facilitate turning movements and help to insure that sight distance will not become obstructed. 2. A 25 foot buffer surrounding the wetland on lots number 14 & 15 should be considered to help protect the integrity of the wetlands. Parcel "D", the Park and Recreation Area, could be dedicated to the Town of Southold with an access agreement giving the homeowners access to Gardiner's Bay. File: S-SD-79-15.1 FD:mb Encl.: Map cc: Edward Romaine, County Clerk Very truly yours, Arthur H. Kurtz Director of Planning Frs~k Dowling,~. Subdivision Renew Planner Division Page -2- 6. No sanitary disposal facility shall be constructed or installed within 100 feet of the mean high water line on Gardinar's Bay. No stormwater runoff shall be discharged directly into Gardiner's Bay in any m~nner. The following requirements shall be taken to insure that the "open space areas" shown on this map will remain as open space excluded from future development. a) A homeowners' association shall be formed, if one does not already exist, to manage all "Open Space areas". b) Assessment of the "Open Space areas" shall be based upon these areas being open space and/or recreational areas. Such areas should be given a "zero" assessment and the assessment records prepared both for the Open Space areas and all the affected properties within the subdivision show that the value of the areas is "reflected" on the tax rolls hy adding the proportionate share of the value of the common property to the value of the remaining properties in the subdivision. c) The "Open Space areas" shall not be subdivided in the future or used for commercial purposes. d) The homeowners' association shall not use the "Open Space areas" as collateral for improvements within the subdivision. e) The homeowners' association shall meet all requirements and regulations of the State Attorney General's office. (Refer to 13 N.Y.S.R.R. Parts 20, 21, and 22, issued by the New York State Department of Law). f) These requirements are necessary not only to protect the taxpayers of the Town of Southold but to prevent the county from having to acquire the property as the result of failure of the homeowners' association to pay the taxes on the "Open Space areas" and put these areas up for sale at an auction of tax delinquent parcels. g) Dissolution of the homeowners' association shall be prohibited without the approval of the Town Board or Planning Board. Conditions 1, 2, 4, 5, 6 & 7, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. DEPARTMENT OF PLANNING C~NTY OF SUFFOL;( PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING September 6, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Preliminary Map of Summit Estates Southwesterly corner of Main Road, N.Y.S. Route 25 and Shipyard Lane, East Marion, New York. T.P.I.N. 1000-35-8-5.3 Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on September 5, 1990, reviewed the proposed subdivision plat, entitled, "Preliminary Map of Summit Estates" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following ten conditions deemed necessary for good planning and land use. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board. Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lot No. 3, this lot shall be made subject to a covenant that will prohibit its future subdivision. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of Lot 3 and the Park and Recreation Area to facilitate turns at the corner and to enhance the streetscape. All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site and shall not flow out onto Main Road (State Road 25) or into the state recharge basin. No residential structure or other major structure shall be located within 100 feet of the mean high water line on Gardiner's Bay. Page 2 Summit Estates 10. Is to remain as written with the addition that the Liber and Page number of the filed document must be included on the final map. In reference to: Comment %1. The Planning Board awaits a determination from the New York State Department of Transportation on this item. You will be notified should this be required. Comment % 2. The Planning Board requested that a restriction be provided stating that the drainage pond be left intact in perpetuity. In addition, there is to be no lot or road drainage into the pond. Numbers 1,2,4,5,6,7,9 and Comment %2 must be presented in a Declaration of Covenants and Restrictions in proper legal form. A copy of the draft Declaration of Covenants and Restrictions must be submitted for review by the Planning Board and the Town Attorney. Once approved, the document must be filed in the Office of the County Clerk. Number 10 must be shown on the final map. You will be notified should Comment %1 be required to be shown on the map.~ Please contact this office if you have any questions regarding the above. Very truly yours, , Bennett Orlowski, Jr./M) Chairman enc. cc: Suffolk County Planning Commission PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 3, 1990 SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Donna J. Geraghty Victorian Realty Corp· 110 Front Street Greenport, NY 11944 RE: Summit Estates SCTM# 1000-35-8-5.3 Dear Ms. Geraghty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Tuesday, October 2, 1990. RESOLVED to adopt the September 6, 1990, Suffolk County Planning Commission report with the following amendments (numbers correspond to numbers in report): 1 & 2. Are to remain as written. Is to be omitted. However, the document is to include a statement that the fence which extends into Open Space Parcel "C" is to be removed, as are the structures which are shown in that area. 4,5,6,& 7. Are to remain as written. The Planning Board will be requiring that a draft Homeowner's Association be submitted for review by the Town Attorney. This document must be filed prior to any endorsement of the map by the Planning Board Chairman. To be revised to read: These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. FOUNDER (1922-1959) /t~.SOCIATES George A. Style, P.E. ~erry D. Almont, P.E. George L, Fagan~ Jr., Frank Capo bianco, C.E. Paul F. Stevens, P.E. Roger L. Cocchi, P.E. Mr. Bennett Orlowski, Jr., Chairman Planning Board Town of Southold 53095 Main Road Southold, NY 11971 Re: Summit Estates at East Marion S.C.T.M. No. 100-35-8-5.3 SBB No. 87662 BOWNE SIDNEY B. BOWNE & SON October 19, 1990 SPECIAL CONSULTANTS Thomas R. Py~cho~, L.S. Prof. H, F, Soehngen, P.E,, L.S. SENIOR STAFF Francis J, Lynch Philip Schlotzhauer Joseph F. Stegman WilNam T. Styne Richard B. Weber Ralph Anderson; L.S. A. Barton Cass, P.E. Fredric C. Grif fiths, Jr,, L,S. An dri~[ni Harris, P.E, Gregg G. Kelsey, P.E. Dane C. Kenny, P.E, Howard W. Miller, P,E. Richard P. Slutzeh, P.E Dear Mr. Orlowski: We have reviewed the preliminary plan for the above referenced subdivision and, at this time, we have the following comment: 1. Catch Basins should be provided each side of Road "A" at Sta. 3+50. Upon receipt of the above we will complete our review. If you have any questions, please contact this office. Very truly yours, VINCENT MARICONDA VM:ls 45 Manor Road · Smithtown, NewYork 11787 · (516) 724-0611 235 East Jericho Turnpike · P.O. Boxl09 · Mineola, NewYork 11501 · (516) 746-2350 (1922-1959) SPECIAt. CONSULTANTS SENIOR STAFF Frar~ci$ J. Lymch Philip Schlotzha~uer October ].9, 1990 Mr. Bennett Orlowski, Jr., Chairman Planning Board Town of Southold 53095 Main Road Southold, NY 11971 Re: Summit Estates at East Marion S.C.T.M. No. 100-35-8-5.3 SBB No. 87662 Dear Mr. Orlowski: We have reviewed the preliminary plan for the above referenced subdivision and, at this time, we have the following comment: I. Catch Basins should be provided each side of Road "A" at Sta. 3+50. Upon receipt of the above we will complete our review. If you have any questions, please contact this office. Very truly yours, VM:ls VINCENT MARICONDA 45 Manor Road · Srnithtown, NewYork 11787 · (516) 724-0611 235 East Jericho Tumpike · P.O. Boxl00 · Mineola. NewYork 11501 · (516) 748-23~0 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TObVN OF SOUTHOLD October 23, 1990 SCOTT L, HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Donna J. Geraghty Victorian Realty Corp. 110 Front Street Greenport New York 11944 RE: Summit Estates SCTM~ 1000-35-8-5.3 Dear Ms. Geraghty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 22, 1990. RESOLVED to adopt the engineer's report dated October 19, 1990. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. /~ Chairman Encl.: Engineer's Report JAMES A. KUZLOSKI REGIONAL DIRECTOR October 22, 1990 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. I1788 FRANKLIN E. WHITE COMMISSIONER Mr. Bennett Orloweki, Jr. Te~ o~ Southold Planning Board Office To~n Hall, 53095 ~ain Road Southold, NY 11971 Dear Mr. Orlowski: Subdivision Proposal 'Summit Estates East Marion This is in reference to your recent letter concerning a dedication of land along State Highway Route 25, in conjunction with the above noted project. Our Planning Group has reviewed the site plan which was submitted to this office and has offered the following comments. Any construction that will take place along this section of roadway would require a 75 foot right-of-way. This would allow the installation of two travel lanes, a combination left turn lane, two ehouider areas (each 25 feet wide) and a sidewalk area on the north and south of Route 25. There are no immediate or future plans to develop this section of roadway. However, if this property is acquired at this time it will eliminate any taking in the future. Any questions concerning this matter may be directed to this office at 360-6025. VITO F. LENA Regional Permit Engineer VFL: BT AN EQUAL OPPORTUNITY/AFFIRMATiVE ACTION EMPLOYER SENDER: SUBJECT: SCTM#: COMMENTS: SUBMISSION WITHOUT COVER LETTER Please develop an estimate of what it will cost to under, take the following review of the enclosed pla~ Enter the cost estimate on the enclosed reply sheet, then send its facsimile to this office. If the Planning Board wishes you to proceed with the review, it will send a facsimile of a purchase order authorizing the work to be done. The actual purchase order will be sent through the mail. If there are any questions, please contact Planning Staff. very Truly Yours, Bennett Orlowski, Jr. Chairman cc: Ray Jacobs, Highway Department PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Robert W. Brown Sidney B. Bowne & Son 45 Manor Road Smithtown, New York 11787 SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Dear Mr. Brown The Southold Town Planning Board hereby refers the following application to your office for review. Tax Map No.: Bowne File No.: Hamlet Location'~ Type of ADplication: · - ......... ~A ~ J_Dated / /) Road Profile~raina~_~ans ~ Gradin~ and Other ~~%te~. ~ (Dated / ~ ~Ske~t.ch. Site Plan Preliminar_~Site Plan Gradin~ and Draina__~Plans Other (Dated ~Date~ Datea~ / Town HaH, $3095 Main Road P.O. Box 1179 Southold, New Yonk 11971 PLANNING BOARD OFFICE TOWN OF $OUT~OLD Bennett Orloweki, Jr., Chain~an Sou~hold Town Planning Board P.O.Box 1179 Southold, New York 11971 SCOTI' L. HARIU$ Supervisor l~ax (51§) 765-1823 Te~ (SI6) 765-1800 Dear Mr. Orlo~ski, Jr., Re-* Surfeit SCTM No. S.B. Film No work ~n excess of ~ha~ ~o~= w~11 be ~de~=~e9 ~ ~a office ~less so au=horAzed by ~e Pla~Ang Board ~n wrm~ng. . Please no=if~ thAs offlce ~n wrAting. Af you wAsh us =o undar=ake =he review. Sou~hold Town Planning Board Facsimile NUmber= 765-1823 Robert W. Brown SIDNEY B. BOWNE & SON FAX TP, AHSM[TTAL FORI4 TRANSMITTED TO: NAME: ORGANIZATION: FAX NUMBER: FROM: DATE; 11ME: job NUMBE~: ~' ?~' Z NUMBER OF PN3E8 {~.~ ~''~.'t}: SUBJECT: ~1~1~ if you do not receive all the pages as indicated above please ~tl the sendor at (516) 724 - 0611 as soon as possible. 46Men~P~¢t ' Smlthtawn, NewYork 11787 * (616) T24.0~11 · FAX: [616)724-031~ Town H~II.. 53095 Mein P.O. Boz 1179 So~hold. New York ll~l PLANNING BOARD OFFICE TOWN OF SOV.~,.IOLD SCOTT L. HARRIS ~ (~16) 76S-1823 T~ ($16) 76S-18 .GO Bennett: OF!owski, Jr., Chairman Sou~old Town ~lanning ~o~d P.O.B~ 1179 ecu=hold, N~ Yurk 11971 I]ECi I . > '. Orlowskt, Jr., Res S'u~,-~ ~r~^*r ~ SCTM No. Io~- 3~S--~.3 S.B. File No. g'7~. X= is estimated ~hat the cos= of reviewing She above-noted application am per ~ le==er of ~oU./ , /~o shoed ~2 ~ce~, $ ~ , .. No work An excess o~ ~hat amount wall be undertaken My this o~ice unless 8o authorized by ~he Planning. Board in writing. -. Please notify ~his office in writing, if you wish us to undertake =he review. Robert w.~ DEC 2 .. TRANSMITTED TO: *SIDNEY B. BOWNE & :SON FAX TRANSH]:TTAL FORt, t ORGANIZAllON: FAX NUMBER: "7~" I'~>'~ FROM: o~T~: TIME: SUBJECT: AM / PM . ' NUMSEfl OF PAGE~ ~1~1~ ~ee~: ~-~ COMMENTS: If you do not receive all the pages as indicated above please call the sender at (518) 724 - 0811 aa seen aa possible. 4~MlmerROa¢l , ~YtltM~wn, NewYotk 117~' · (~16) 7~4.0~11 · r~,: (515)724.0315 FOUNO~R Sidney S. BOWne, P.E.,L,S, (1972-1959) PAS.___r~_EJ_~ ASSOCIATES George A. Style. P.E. .Jerry D, Aimont. P.E, George L. Fagan, Jr., Ph.D,. P.E. Frank C~po bianco. C.E Roger L. Cocchi, Thomas R. Pynchon, L,S. Prof, FI, F, So~hngen, P,E,, L,S, SENIOR ST/~FF Francis J. Lynch Phihp $chlotzhauer Joseph F. Stegman Richard ~B. Weber Ralph Anderson, L.S. A. Bartom Cass, P.E, Yard W, Miller, P.E. ard P. Siutzah, P.E. BOWNE SIDNEY B. BOWNE & SON December 18, 1990 Mr. Bennett Orlowski, Jr., Chairman Planning Board Town of Southold 53095 Main Road Southold, NY 11971 Re: Summit Estates at East Marion S.C.T.M. No. 1000-35-8-5.3 SBB No. 87662 Dear Mr. Orlowski: We have reviewed the most recent grading and drainage plan for the above referenced subdivision (dated 10-26-90), and we find it to be in conformance with Town requirements. We note that the plan indicates a 28 foot road width. Is this required under the current Town code? Very truly yours, VM:ls DEC 2 0 45 Manor Road · Srnithtown, New York 11787 · (516) 724- 0611 235 East Jericho TurnpJke . P.O. Boxl09 · Mineola, NewYork 11501 · (516) 746-2350 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD January 15, 1991 SCO'[T L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Donna J. Geraghty Victorian Realty Corp. 110 Front Street Greenport, New York 11944 RE: Summit Estates SCTM# 1000-35-8-5.3 Dear Ms. Geraghty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, January 14, 1991. RESOLVED that the Southold Town Planning Board set Monday, February 4, 1991 at 7:35 P.M. for a preliminary public hearing on the maps dated October 26, 1990. Please contact this office if you have any further questions. Very truly yours, ~ Bennett Orlowski, Jr. '~ Chairman ×~ VICTORIAN REALTY com. "A Full Serwee Realty" Southold Town Planning Board Town Hall 53095 Main Road. Southold,NY ]]97] January 29,]9911 RE: Suunnit Estates East Marion, NY Dear Melissa, On monday evening I met with the Greenport Water Company. They would like me to dedicate a utility easement for the purpose of running a water main between lots #6 and 7. I informed them that I would not have a problem with this as long as it did not interfere with the planning board process. Please advise me if it does not. Very truly yours Donna Geraghty~~~ Owner broker DG:gh 110 FRONT STREET · GREENPORT, NY 11944 · (516) 477-2730 · FAX (516)477-8643 COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in 'Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Trav,,cler-Watchman once each week for ..'(' ......weeks successively, commencing on the ......... .,~.~ ~ ..... Sworn Io before me Ibis ............ ~.. ....... clay of ..... '~., .~ ..... 19 .?./.. Notary Public I~ARBARA A. SCHNEIDER NCTARY PUSL!C, State ot New York No. 4~0~846 f~ ~'lified m ;;:;%lk Coupty~ LEGALS NOTICE Notice of Public Hem'lng NOTICE IS H~ItI~BY GIVEN that pursuant 276 of the Town Law, a public hearing will be held by the Southold ~va ~ann~s at the Tow~Hall Main Road Southold, ~ow York, in said Town on the i~th day of Febru- ary, 1991, ori the question of the following: 7:30 p.m. F~nai approval of bara Sowinski, located in Cutch. ogu~, Tdwn of Southold, Coun- ty of Suffolk and the State of New York. Suffolk County Tax Map Number 1000-103-1-20.2: The property is bordered on the north by land now or formerly of Daichet Corp.; on the east by land now or former- ly of Herbert & Ruth Bell, by land now or formerly of Viola Manarel, by land now or formerly of William B. &ALlca M. Campbell and by Harbor Lane; on the south by land now or formerly of John Madzelan; on the west by land now or formerly of Frank Cichanowicz III. 7:35 p.m. Preliminary ap- pmval of the major subdivision for Summit Estates, locateti in East Marion; Town of Southold, County of S~ffolk and the State of N~v Yoi'k. Suffolk County Tax Map Number 1000-35-8-5.3. The pmpesty is bordered on the north by Main Road N.Y.S. 25; on the east by Shipyard Lane and'by land now or formerly of Parkside Heights Co.; on the south by land now or formerly of Parkside Heights Co., by land now or formerly of Cleaves Point Condominium, by Gardi- nets Bay, by land ~ or formerly of Crescent Beach Condominium; on the west by land now or formerly of James P. Kavanagh, by [and now or formerly of James P. Kavanagh & Kathleen Kavanagh, by land now or formerly of F~I R. Schoenstein & Jennie Schoen- stein, by land now or formerly of John Ae~ei & Marguerita Tam Aexei, by land now or formerly of Otto Schoenstein & June Schoenstein, by land now or formerly of Constantine Hartofilis & Demetr~os Harto- fills and Theodore G. Miller & Mary Miller, by land now or formerly of Kevin Robert McElroy & Anne Marie McElroy, by land now or formerly of Larry D. Bouts & Allison C. Bouts, and by land now or formerly of Antonias G. Katsimatides & Calliope Katsi- matides. 7:40 p.m. Preliminary ap- proval of the major subdivision for Southold Villas, located in Southold, Town of Southold, County of Suffolk and the State of New York. Suffolk County Tax Map Number 1000-70-1-6. The property is: bordered on the north by land now or formerly of RusseLl Mann & Joan Mann, by land now or formerly of Marion King; on the east by land now or formerly of Thomas Franke, by land now or .formerly of Jane Franke & Tho- mas Franke, by Main Road N.Y.S. Rte. 25; on the south by llnd now or formerly of Mar- queite Young, by land now or formerly of Douglas Piez & William Crawford, by land now or formerly of Anna Bt~rnett, by .land ~ or formerly of Flower Hill Buildl~Corp.; on t~ west by ~nd no. or form~iyo¥ Ann Diller HemblO & Thoma~ E, Hemblo. 7:43 p.m. Public bearing on the Draft Environmental Imtmct Statement dated December 1990, for Angel Shores. This proposed subdivisiol~is located in Southold, Co ~k?_t~ ~ ~lffolk. 8ur. folk Courlty~ltx~p No. 1000-88..6-1,4,~. Phbli¢ c~munent period will run u~February The ~roP°ny is ~ofile'red on the northeast by Main Bayview Road; on the southeast by Cedar Beach goad; on the southwest bY Cedar Point Road, by land now or' formerly of Z~vits, by land now or formerly of Kop- hen, by land now or formerly of Hancock, by land now or formerly of MulLlas, Peconic Bay, by land now or formerly of Vanderbeek; on the southeast by Little Peconic Bay Lane; on the northwest by Terry Waters Sub- division (Suffolk County File g2901), and Rambler Road. Any person desiring to be heard on the above matter should appear at the time and place specified. Dated: January 28, 1991 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Bennett Oriowski Jr. Chairman IX, 1/31/91 (10) Noiice of gO'F/CE/S HEREBY GIVEN that :, a ~b~c ~g ~old T~ the Town HaH, Main Road, ~. New Y~ ~e foX,g: . :~0 p.m. Fin~ a~rov~ ~ m~s~ f~ ~ ~. I~d ~ ~hogue, To~ ~d, ~y of ~ff~ ~d ; of New Yo~. S~o~ ~ H~r. l~-l~-l-~.~ he ~ny is h by land now or fo~erly of :bet ~.; on ~e east ~ land ~ f~dy of HeWn & , by land now or fo~erly of ! ~a~, ~ l~d n~ or f~- y 'of W~lism B. & Alice M. ~ ~d ~ Ha~ ~e; south by land now or formerly of $ohn Madzelan; c~ the west by land now or formerty of Frank Ci- c~anowic~ IH. 7:35 EM. Pt~Jiminav/~v~val of the major subdivision for Summit of ~mthold, County of Suffolk and the State of New York. Suffolk Coun- ty Tax Map Nm~ber. I000-35-8-$.:~. The property is bordered on the north by Main Ro~d N.Y. S. 25; on the east by Shil~/ard Lane and by land now or formerly of Parkside Heights Co.; on the sonth by land now or formerly of Parkside Heights Co.; by land now or formerly of Cleaves Point Condominium, by GardJners Bay, by land now or for- merly of Crescent Beach Condo- minium; on the west by land now formerly of James P. Kavanagh, by land now or formerly of James P. Kavanngh & Kcthlee~ Kavanagh, by land now or formerly of Fred R. Schoenstein & Jennie Schoenstein, by land now or fonuerly of John Aexel & Marguerite Tam Aexel, by land now or formerly of Otto Schoenstein & June Schoens~n, by land now or foonedy of Constenilne Hartofilis & Demetrios Hartofilis and Theodore O. Miller & Ma~y MiJlar, by land now or formerly of Kevin Robert McElroy & Anne Marie McEltoy, by land now or for- merly of Lar~ D. Bouts & Allimm C. Bouts, and by land now or for- merly of Anto~iss G. ~(atsimatides & Calliope K~tsimctides, 7:40 EM. Preliminary approval of the major subdivision for Southold Villas, located ~n Southold, Town of Southold, C~mty of Suffolk and tbe State of New Yo~k+ Suffolk County Tax Map Number. 1000-70-1-6. The property is bordered on the nor~ land now or f~'merty of Russell by land ~ow or fonnndy of Thin,ms Fmnke, by land now or formerly of · ~ane Franke & Thomas Franke, by .in Rend Gte. on the F 'I3 -- south by land now or formerly of Marquelta Young, by isnd now or for. merly of Douglas Piez & William ,~ ;~mwford. by land now or fon~e~y of Anna Bumon, by land now ~ framer. ly of Flower Hill Building Crop.; on Ann Diller Hemblo & ~hOmas E. Hemblo. 7:45 EM. Pablic hearing on the Draft Environmental Impact State- ment d,,.~ December 1990, for An- fe~k. Suffolk County Tax Map Num- be~. 1000-88-6-1,4,5. Puldic comment period will ~un until February I~, The property is bordernd on the notO~'-ast by Main Bayview Rind; m on the southwest by Cedar Point Road, by land now or fonneriy of · Zevits, by land now or formerly of . Kophen, by land now or fe~merly of Hancock, by land now or fonnerly of memerly of Vnnded~e~.k; on the sou~. ea~ by t~.te Pec~c Bay Lane; on the northwest by Terry Waters Subdivision (Suffolk County File J2~O1), and Rarnblar R~d. the above matter should appear at tbe l~tad: January 28, 1~91 BY ORDER OF 'fl-IE SOUTHOLD TOWN PLANNING BOARD Banneu O~towski, ~r. O~man ~ of Mattltuck, In ~ ~wom, says that he/she Is Prlr~lpal ~K TIMES, a Weekly Newspaper, in the Town of Southold, County of York, and that the Notice of which · opy, has been regulad? published in each week for ~ weeks cing on the ~ day of Principal Clerk PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 5, 1991 SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Donna J. Geraghty Victorian Realty Corporation 110 Front Street Greenport, New York 11944 RE: Summit Estates SCTM#1000-35-8-5.3. Dear Ms. Geraghty: The following took place at a meeting of the Southold Town Planning Board on Monday, February 4, 1991. The preliminary public hearing, which was held at 7:35 P.M., was kept open. The hearing will remain open until the Planning Board reviews their previous State Environmental Quality Review Act determination and classification. If you have any questions, please do not hesitate to contact this office. Very truly yours, Bennett Orlowsk±, Jr. I ~ Cha£rman PLANNING BOARD 4 FEBRUAR~ 1991 Mr. Orlowski: I have a motion made and seconded to hold this motion open. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Orlowski, Mr. Latham. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: 7:40 p.m. Southold Villas - This subdivision is for seventeen affordable lots. The parcel is located on the west side of NYS 25 approximately 1,400 feet north of Ackerly Pond Lane in Southold. SCTM #100-70-1-6. Are there any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this subdivision that may be of interest to the Board? Hearing none, any questions from the Board? Board: No questions. Mr. Orlowski: Being there are no further questions, I'll declare this hearing closed. This is an affordable housing project and I'll ask if the Board has any pleasure. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board grant preliminary approval on the subdivision map dated January 16, 1991, subject to the following condition. Review and acceptance by the Planning Board and the engineer, of the revised drainage plans dated January 16, 1991. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Lath~am, Mr. Ward, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? sO ordered. Subdivisions - State Environmental Quality Review Act Mr. Orlowski: 7:45 p.m. Angel Shores - Public hearing on the Draft Environmental Impact Statement dated December 1990. SCTM ~ 1000-88-1,4,5. This is open for public comments. This comment period will be open to February 13th so there is still PLANNING BOARD 3 FEBRUAR~ 1991 Donna Geraghty: I had spoken to Melissa last week in reference to Lots number 6 and 7 for easement for a water main. Do you have any objection to that or is there anything that should be added or changed, lot lines or anything? Mr. Orlowski: Well, not right now. This is a preliminary hearing so we haven't made that decision yet. Any other comments? Sherry Johnson: Good evening. I am representing the North Fork Environmental Council. At this time, we don't really have any endorsement or objection to the subdivision and I almost feel badly coming into some of these projects so late being they are so far along. On August 13th, this project was determined an unlisted action and given a Negative Declaration. I believe that determination is wrong, pursuant to the Peconic Bay being designated a critical and environmental area. This project should become a type I action and probably should have gone for a full review. It didn't. I know that NFEC is going to do better in the future to keep track of these details and I hope that you will to. As for the project itself, next to the density, the thing that bothers me is the distribution of open space and I would really like to see a configuration that included connecting the small wetlands behind lots 14, 15, and 16 to the block left open along Route 25. This would save some habitat and provide a small buffer for the existing lots on Maple Lane. Thank you. Mr. Orlowski: Any other comments? Donna Geraghty - If I could just react to that. Did you actually physically walk the site? Sherry Johnson: No, I haven't. Donna Geraghy: O.K. your comments on Lots 14, 15 and 16 on the map it shows that there is a depression there. There is absolutely no real wetland there. If you walk the site; it is relatively dry and there is nothing more there so I would say probably it is one thing to be able to come in and look at the map and see depressions and whatnot, but it is another thing to physically go out there and inspect the site and realize that there really isn't any habitat or such there. Mr. Orlowski: Any other comments? Hearing none, any questions from the Board? None. Mr. McDonald: I make a motion that we hold this open while we go back and check the SEQRA determination. Mr. Ward: Second. PLANNING BOARD 2 1991 FEBRUARY~ WHEREAS, Barbara Sowinski is the owner of known and designated as SCTM #1000-103-1-20.2, west side of Harbor Lane in Cutchogue; and the property located at the WHEREAS, this minor subdivision to be known as Minor Subdivision for Barbara Sowinski, is for two lots on 4.3075 acres; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), part 617, declared itself Lead Agency and issued a Negative Declaration on December 18, 1989; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on February 4, 1991; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning approve and authorize the Chairman to endorse the final survey dated October 2, 1990, with the condition that prior to the Chairman's endorsement of the maps that street trees be planted, 40 foot on center, along Harbor Lane. This condition must be fulfilled within six (6) months of the date of this resolution, or the conditional approval will expire. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Moving on to preliminary subdivision at 7:35 p.m. Summit Estates -.This major subdivision is for thirty-five lots on 4.8223 acres located on the southwest corner of Main Road NYSRt. 25 and Shipyard Lane in East Marion. SCTM # 1000-35-8-5.3. We have proof of publication in both the local papers. At this time everything is in order for a preliminary hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this subdivision that may be of interest to the Board? -32- ~617.12 i 8617.13 more than 150~000 persons: a facility with more than 240,000 square feet of gross fl~or a~ea; (7} .any,~tructure exceeding 100 feet above original §round level in a local~t~ without any zoning regulation per{aining to height; (8i" any non-a§ricultural use occuring wholly or partially within an a§ricult~ral district (certified pursuant to Agriculture and MarKets Law, article 2'5, section 303 and 304) which exceeds 25 percent of any threshold established in this section; (9) any Unlisted action (unless the action is designed for the preservation of the facility or site) occurring.wholly or partially within, or substantially contiguous to, any historic building, structure, facility, site or district or prehistoric site that is listed on the National Register of Historic Places, or that has been proposed by the New York State Board on Historic Preservation for,a recommendation to the State Historic Preservation Officer for'nomination for inclusion in said National Register, or that is listed on the State Register of Historic Places (The National Register of Historic Places is established by 36 Code of Federal Regulation (C.F.R.) Parts 60 and 63, 1986 ~see section 617.19 o~ this Part).); {10) any Unlisted action, which exceeds 25 percent of any threshold in ~h~ ~or~ion, occurring wholly or partially within or substantially contiguous to any publicly owned or operated parkland, recreation area or designated open space, including any site on the Register of National Natural Landmarks pursuant to 36 C.F.R. Part 62, · 1986 (see section 617.19 of this Part); {11) any Unlisted action which exceeds a Type I threshold estab- lished by an involved agency pursuant'to section 617.4 of this Part; or (12) any Unltsted actio~which ta~e~ place wholly Or partially with~;or substantially contiguous to any crittcalenvironmen~al area desigm~'~y~a )~&l or state agency pursuant to section 617.4(h) of ~act~ons which have been determined not to ~the'e~vironment are classified as Type II By_Rebec~_Mdrris _ ' L~Ji}lt~oo.~ythat would require extensive environ- - mental reviews of_most development proposals within 500 f~e-t-~f th6 Pec~nic Bay system shoreline was signed]~o~l~-~ ~vasterday by Suffolk County Executive Patrick Halpin at a ceremony on the banks of Sag. Harbor: "This law_wilEmake sure that whatever develop- ment occ~rs willhave as Ii .tie negative impact as pos- sible on the-Peconi~ l~ay," Halpin said. The la~,'Ws'po~ns~_.r~J bY Leg/s. Fred Thiele (R-Sag Harborl. designa?s the ,ntire Peconic Bay area a "critical n~Sronrn-ental ~ 'ea." That megns that al- most an}/Jevel$~ment pr} sesal within 500 feet of shoreli~x ~ ~.p~h. ose~r~2~i, tie-family housing and mi- nor c~nstruction, would be a Type I actio~ under the state Environmental Quality Review Act. In a Type 1 action, developers must submit a long- form environmental assessment.'which reqmrea them to check an extensive list &potentially negative environmental ~mpac[s. In many eases, they also would have to prepare a full-fled~ed environmental impact statement, a much more extensive analysis. Many of these propos~ds already are T) pe 1 actions, but Ha(pin said yesterday mat the law signaled the county's intention "to ~e much more rggressive in remew~ng applications for developmen'/' especially in the early st~ages. "] lon't want ~cou ty agenciesl simply reacting to a ad application after it has gained some momentu n." The Pc~zonic Bay system extends from the head- waters of the Peconic River to Block l~land Sound. The law takes effect in about $0 days, and is ta be enforced hy local planning boards. As he signed the bill. Ha(pin was fla.ked h) Thiele and 17 environmentalists ahd town and villakc ~ffi- ciah from the East End, including Larry Penny. of East Hampton's Department nf Natural and chairman of the Peconic Bay 'l'as~ Fm'cl~. lin pin praised Penny for seeking protection fiw the lk'cmlic "34 one point you were a voice in th_' wilderness." Congress recently sent to President .{onald Reagan a bill that would make the Peconic par ufthe Nation- al Estuary Program, which would ma. e it eli~ble Ihr federal research funding. 'Oi'f ihls Back Brookhaven Lab incinerator By Kinsey Wilson A proposal to build a major waste-to-energy plant at the Brookhaven National Laboratory, suggested nearly two years a~ as a means of solving eastern Suffolk's garbage problems, is now under active con- sideration by federal, state and local officials. "Everyone wants the arrangement to go forward,- said Gerald Brezner. a re~onal solid-waste engineer for the state Department of Environmental Conserva- tion. "It's a question of some of the details." Brezner declined to discuss the specifi'cs of the pro- peso(, saying negotiations had reached fi-delicate stage. "I don't want to screw up the deal," he said. - But Brezner confirmed that a meeting had been held earlier this month between Rep. George Hoch- brueckner (D-Coraml and-representatives of the DEC, Brookhaven Town and the federal Department of Energy to discus~ whether the lab could serve as a site for a ret/eno( incinerator. Peter Scul!y, Breekhaven's deputy supe~isor, said Hochbrueckner had agreed to make further inquiries in Washington, D.C., but was likely to w&it until aker the election. Hochbrueckner could not be reached for comment. In the meantime, Brezner said, the town is expect- ed [o discuss the details of the pro~osod plant with repres~entatives of the lab. Department's Brookhav~n office. Earlier studies have recommended crnstruction of a 1.800-ton-a-day fasilLy. But Scully said Brookhaven Town Board memoers are leery of relying on a single plant that. if built, would be 'the largest waste-to-en- ergy facility in Suffolk County. "You're more likely to see several smaller plants." he said. Officials yesterday said the use of the lab property is attractive for several reasons. First. it would proxSde a re~onal solution t~ local garbage-disposal problems, something the DEC h~ advocated for several years. So far. only Brookhaven and Riverhead have pledged to cooperate v~th the plan, but Brezner said the facility could handle some garbage from other East End towns if they were to join the plan later. Second, officials said, it is felt the use of lab proper- ty would make it easier t%w town officials to sell the concept of a regdonal facility, a proposal that might otherwise meet with stiff community opposition. Finally, the plant could provide the lab With a source of cheap etectric po~'er, a major component in the cost of the operations there. As currently proposed, plans call [or using 25 ;~crcs of vacant property in the southeast corner of the lab's land near the Long Island Express~ay and the Wil- liam Floyd Parkway. The land would be sold to the "There was a general feeling that what the town is state for $1. The plant would be built by a privata looking for, in tarrns of size needed to be better de- contractor for the Town of Brookhav[m and would be ..... 'fi'n'~,~' ~ii~-J~-r~7~lB~-s~'-r~.~ffa'g~r'the EnerlD' i paid for through town_t~xes and garbage fees. Thei'e is no estimate of the cost ofconstructinn. While he declined to speculate on ~.he lbderal eminent s view of the proposal. Belin ~s said a Ibrmal request from state and local agencies "would certain- ly be considered on the merits." A decision to sell the land ultimately wmlld be based on an evaluation of the lab's future needs and the use to which the land would be put, Belluws said. The actual transfer would involve reveral agencies including the consortium of universities that run the lah, the Energy Department. which oversees the facility, and the General Services Adminisu'atmn. which is resp6nsihle For the sale ofa[l D_,de roi pr.perry. I~ the proposal is ultimately approved, Scully said, the town would eensider using the existing town hind- fiji' in Yaphank~as a repository for the ash generated by the plant. Officials have estimated tberc is un.ugh room at the landfill t~ handle ash fl~r the useful lili, the plant, or abeut 25 years. ~ Brezner said grookhaven has taken Lhe posiLim~ iL I'F1 would only dispose of ash generated by garhagt! Chin- noting from the town. Other towns would then take responsibility filr their proportionate share ()1' the ash. While state law requires Long Island hmdlills t() close by 1990, Brezner said the law docs m)t pr()hihit t.~ the operation of ash-fill sites. Scully said Brookhaven has held .ff on plans to construct a local incinerator for nearly a year in an effort to cooperate with the DEC's effurta to fiwge a reg/onal solution to the garbage crisis. qG BOARD MEMBE, RS :{ Orlowskl. Jr., Chairm~ rge Ritchie La ham ' Richard G. Ward Mark S. McDlmald i Kennelh L. Edwards Telephone (516) 765-1938. PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main P.O. Box 1179 Southold. New York 119 Fax (516) 765-1823 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance ~ust 131, 1990 This notice is issued pursuant to Part 617 of the implementing regulatiiDns pertaining to Article 8 (State Environmental Quality Review Act) Of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Summit Estates SCTM~: 100D-35-8-5.3 Location: Southwest corner of Main Road (N.Y.S. Rte. 25) and Shipyard Lane in East Marion. SEQR Status: Type I { ) Unlisted (X) Conditioned Negative Declaration: Description of Action: Yes ( ) No (X) Residential clustered subdivision of 35 lots on 40.8223 acres. Lots are to be approximately 30,000 in area. HORTH FORK ENYIRONMEHTAL COUi4CIL Route 25 at Love Lane, PO Box 799, Mattituck, NY 11952 516-298-8880 Southold Town Planning Board February 4, 1991 public hearing "Summit Estates" comments of Sherry Johnson I've been with the NFEC for 3 months now and I finally feel that I'm getting up to speed, and getting a routine down in regard to following projects. In my seven years of previous experience one of the things that I've learned best is the earlier you get involved in a project, the better. I almost feel badly coming into some of these projects at this point because I wish that I had been able to become involved at an earlier stage. On August 13, this project was determined to be an Unlisted action and given a negative declaration. That determination is wrong. Pursuant to the Peconic Bay and its environs being designated a Critical Environmental Area this project should have become a Type I action and probably should have gone through a full review. It didn't. I know that NFEC is going to do better in the future to keep track of these details, I hope that you will too. As for the project itself, next to the density the thing that bothers me is the distribution of the open space. I would really like to see a configuration that included connecting the small wetland behind lots 14, 15 and 16 to the block left open along Route 25. This would save some habitat and provide a small buffer for some of the existing lots on Maple Lane. G-Sm non-profit organization for the preservation of land, oea, air and quality of life printed on 100% recycled paper Page 2 Summit Estates SEQA Negative Declaration Con't. Reasons Supporting This Determination: An Environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. The New York State Department of Environmental Conservation has responded, and has no objection to the Planning Board assuming lead agency status. This agency also commented that it is possible that tidal wetland or freshwater wetland permits will be required. The subdivision has been designed with open space adjacent to Gardener's Bay and covenants and restrictions stating that the drainage pond is to be left intact in perpetuity. The Southold Board of Trustees also requested that the drainage pond be left intact in perpetuity, and that there be no lot or road drainage into the pond. The Planning Board has required that the above be included in a Declaration of Covenants and Restrictions. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 cc: Suffolk County Department of Health Suffolk County Planning Commission David Morrell, DEC Judith Terry, Town Clerk Board of Trustees Applicant PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Lathara, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards t elep~hone (516) 765-1938 PLANNING BOARD OFFICE TOWN OFSOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 August 13, 1990 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Summit: Estates SCTM~: 1000-35-8-5.3 Location: Southwest Corner of Main Road (N.Y.S. Rte. 25) and Shipyard Lane in East Marion.. SEQR Status: Type I (X) Unlisted ( ) Conditioned Negative Declaration: Yes ( ) No (x) Description of Action: Residential clustered subdivision of 35 lots on 40.8223 acres. Lots are to be approximately 30,000 in area. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 MEMORANDUM: PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 TO: Suffolk County Department of Health Suffolk County Planning Commission David Morrell~ DEC Judith Terry, Town Clerk Board of Trustees Applicant FROM: Bennett Orlowski, Jr., Chairman RE: Summit Estates SCTM#1000-35-8-5.3 Date: February 7, 1991 Please note correction of the enclosed Negative Declaration. Although this was coordinated as a Type 1 action, the Negative Declaration incorrectly classified this as an Unlisted Action. If you have any questions please contact our office. Encl. submitted, or an extension of time is not requested by the applicant and granted by the Planning Board, approval of the preliminary .plat may be revoked by the Planning Board. A valid water contract and final maps with a current stamp of Health Department approval must be submitted prior to the scheduling of the final hearing. In addition, the following items must be submitted: A Draft bond estimate, which will be reviewed by the Planning Board and Town Engineer. A list of unit prices for bonding of subdivision construction can be obtained from the Planning Board Office. A Draft Declaration of Covenants and Restrictions, which will be reviewed by the Planning Board and the Town Attorney. The Planning Board may request additional covenants and restrictions after review of the final submission. A Homeowner's Association must be filed foe the open space, drainage areas, and roads if they are not offered for dedication to the Town. A draft of the document must be submitted to the Planning Board for review prior to filing. Document that the Homeowner's Association has been filed must be submitted prior to endorsement of the map by the Chairman. The Planning Board may request additional information upon review of the final submission. If you have any questions, please do not hesitate to contact this office. Very truly yours, Bennett Orlowski, Jr. ~ ~ Chairman PLANNING BOARD MEMBERS Bennett Orlowski, Jr,, Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OFSOUTHOLD February 26, 1991 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Donna J. Geraghty Victorian Realty Corporation 110 Front Street Greenport, New York 11944 RE: Summit Estates SCTM#1000-35-8-5.3. Dear Ms. Geraghty: The following took place at a meeting of the Southold Town Planning Board on Monday, February 25, 1991. The preliminary public hearing, which was held open from February 4, 1991, was closed. The hearing was held open for the the Planning Board to review their previous SEQRA determination and classification. Although the Negative Declaration incorrectly classified this action as unlisted, the action was properly coordinated as a Type 1 action. The classification on the Negative Declaration has been corrected. Be it RESOLVED that the Southold Town Planning Board grant preliminary approval on the maps dated October 26, 1990, subject to the following conditions: The utility easement, requested by Greenport Water Company, which is to be located between Lots 6 & 7, must be shown on the final map. The New York State Department of Transportation has indicated that any future construction along State Highway Route 25 would require a seventy-five (75) foot right-of-way. As the existing road is sixty-six (66) feet in width, the Planning Board is requiring that a strip of land, nine (9) feet in width along State Route 25, be offered for dedication to the State for future road widening purposes. This dedication should be indicated on the final map. Final maps must be submitted with six (6) months of the date of the preliminary approval. If such plat is not so (i) That the duration of the association shall be perpetual. 16. These covenants and restrictions shall run with the land hereby and shall bind and inure to the benefit of said parties hereto, their heirs, administrators and assigns until January 1, 2010, after which time they shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in whole or in part, shall have been recorded, however, notwithstanding any of the above Reserved Areas marked Parcels "A", "B", "C" and "D" shall remain in perpetuity. 17. These covenants and restrictions may be enforced by an action for damages or injunctions or both. The Declarant, its successors or assigns, hereby reserve the right to alter, modify, extend, terminate or annul any of these covenants in whole, or in part, without the consent of any person. 18. Invalidation of any of the aforesaid covenants and restrictions by judgment or court order shall not affect any of the other provisions which shall remain in full force and effect. Failure to enforce any provision herein contained in any par- ticular instance shall not be deemed a waiver of the right to do so as to any continuing, subseguent or other violation. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. ByGUSMAR~REALT'~'~ STATE OF NEW YORK: : COUNTY OF SUFFOLK: ss. On this day of , 1991, before me personally came , to me known, who, being by me duly sworn, did depose and say that he resides at , , ; that he is the of GUSMAR REALTY CORP., the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. Notary Public -5- 13. Upon the creation, of the association as hereinbefore provided, every owner of a lot shall be deemed a member thereof, and shall be subject to the by-laws and rules and regulations thereof. 14. Within sixty (60) days after the creation of said association, by-laws shall be adoDted for the government thereof which said by-laws and any amendments thereto shall be approved by the Town Board of the Town of Southold. 15. The by-laws of such association shall, in addition to other matters, provide for the following: (a) That the owner of each lot shall be entitled to one vote at any meetinq of the association. (b) That every lot owner shall be subject to a propor- tionate share of the expenses of the association including taxes, insurance and any and all expenses incurred by the association for the improvement, maintenance and use of the property of the association. In the event that the control, use and possession of the dock is assigned to the Association a separate assessment shall be imposed on each participating lot owner using the dock. (c) That every lot owner shall have an equal right, in common with all other lot owners, to the use and enjoyment of the property of the association, subject however, to the by-laws and rules and regulations of the association. (d) That the association shall have the right to borrow such sums of money as it deems necessary for cost of the main- tenance and improvement of its property and to secure the same by a lien on its property. (e) That the association shall have the right to suspend the voting rights of a lot owner for his failure to pay when due any and all charges due the association; that all such unpaid charges shall be a lien on the lot of such owner and that the association shall have the right to collect the same and to enforce the lien thereof by any means authorized by law. (f) That the association shall pay all taxes, assessments and other charges imposed by any governmental agency as and when the same are due and payable. (g) That the association shall maintain adequate fire, public liability and such other insurance as it deems necessary for the protection of its property and members. (h) That tlhe association shall use, operate, and maintain all of its streets and other property owned by it in a safe and proper manner and in accordance with the laws, rules and regula- tions of the Town of Southold and other governmental agencies having jurisdiction thereof. -4- 9. Ail exterior construction, including roof, exterior walls, painting, windows, doors and landscaping Shall be completed within one (1) year from the dat~ construction commences. 10. With the exception of Lot Nos. 1, 21, 22, 23, 24, 32, 33, 34 and 35 no electric or telephone poles shall be allowed on the premises as all utility services for electric and telephone will be installed by a residential underground system. 11. The Declarant, its successors and assigns, reserves the right to dedicate all streets, roads, drainage areas and ease- ments to the Town of Southold for highway and drainage purposes. 12. The Declarant, its successors and assigns, sets aside and reserves for recreational areas in perpetuity, the following parcels appearing on the Map of Summit Estates at East Marion, and marked as Parcel "A" - Open Space, Parcel "B" - Open SDace, Parcel "C" - Open Space and Parcel "D" - Park and Recreation Area, subject to the following conditions: (a) Declarant covenants and agrees that at or before the time when 20 of the lots have been conveyed by it to third parties, that it will, ~t its own cost and expense, establish a not-for-profit corporation to be known as "Summit Estates Property Owners Association", hereinafter referred to as the "association" and within sixty (60) days thereafter convey to such association all of the right, title and interest of the Declarant in and to said Parcels "A", "B", "C" and "D", together with any and all streets and drainage areas shown on said subdivision map not dedicated to the Town of Southold. (b) The use of the reserved areas denoted as Parcels "A", "B", "C" and "D" as shown on the filed map shall be for recreational and conservational purposes in accordance with the rules and regulations as may be promulgated by the Declarant or the property owners association to be formed. The Declarant, its successors or assigns, may construct recreational facilities in these areas subject to the approval of the Planning Board of the Town of Southold. However, the dock as it presently exists in Gardiners Bay on the southerly side of Reserved Area "Parcel D" due to its size and lack of water is for the exclusive and private use of Lot No. 3 and the owner of Lot No. 3 shall be responsible for the maintenance and upkeep of the dock. It is contemplated that an extension to the existing dock miqht be constructed. This dock extension need not be be built and any such extension of the dock shall be within the sole discretion of the Declarant pending governmental approvals. If such govenmental approvals are obtained for a dock extension and the Declarant decides to construct the extension, at its own cost and expense, then it is the Declarant's intention to transfer to the Sur~it Estates Property Owners Association the control, use, possession, maintenance and upkeep responsibilities of the existing dock with the extension,'with the owner of Lot No. 3 only retaining the exclusive right to use the southerly four dock spaces on the dock extension. -3- 4. No building or str~cture shall be erected on any lot until the building plans as to the location on the lot, the outward appearance and design have been approved, in writing, by the Declarant, its successors or assigns. There shall be no alteration to the exterior of any dwelling or structure except in accordance with the plans and specifications which have received the prior written approval of the Declarant or its successors or assigns. All dwellings and structures shall conform to all applicable codes and regulations of the Town of Southold, and no variance thereof may be obtained without written approval of the Declarant or its successors or assigns. Two copies of proposed plans and specifications shall be submitted to the Declarant, its successors or assigns, one of which, when approved, shall be returned to the owner with such approval endorsed thereon. If the Declarant, its successors or assigns, shall neither approve or disapprove the plans and specifications within 30 days after they have been submitted to and received, the plans and specifications shall be deemed approved. 5. No lot shall be used or maintained for any purpose other than a one-family residence. No trade, business or manufacturing shall be carried on in any residence or anywhere on the property. Specifically exempt from this restriction, however, are the practice of medicine, dentistry, law and architecture, providing the profession does not exceed the licensed practitioner and one assistant. No obnoxious or offensive activities shall be carried on upon any lot, nor shall anything be done on a lot which may become an annoyance or nuisance to the neighboring properties. 6. No signs other than one identifying the owner's name and number of the house or a professional sign shall be erected on the premises. Permissable signs shall not exceed 10 inches by 20 inches, comprised of a white field with black letters or a black field with gold letters. This restriction shall not prohibit the Declarant, its successors or assigns, from using said premises or any part thereof for the sale of real estate, including the right to place subdivision advertising signs or model home signs on the premises. 7. No fences or exposed clotheslines shall be erected or hedges grown upon the property without prior written approval of the Declarant, its successors or assigns. 8. Ail debris must be removed from any lot prior to occupancy. No area of the premises may be used for the dumping or storage of garbage, and all such materials shall be stored in sanitary containers and shall be removed regularly from the premises. The grounds of each lot shall at all times be reasonably well maintained. -2- DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES DECLARATION made this day of , 1991, by GUSMAR REALTY CORP., a domestic corporation having its principal place of business at 13-07 37th Avenue, Long Island City, New York 11101, hereinafter called the Declarant. WHEREAS, the Declarant is the owner in fee simple of the following described premises: ALL that certain plot, piece or parcel of land in the Town of Southold, County of Suffolk, State of New York, known and designated as Lot Nos. 1 through 35 on a certain map entitled "Map of Summit Estates at East Marion, Town of Southold, Suffolk County, N.Y." filed in the office of the Clerk of the County of Suffolk on the day of , as Map No. WHEREAS, the Declarant desires to make this Declaration setting forth reservations, restrictions, covenants, conditions and agreements, subject to which the property shown on said map is now held and shall be sold and conveyed. NOW, THEREFORE, the aforedescribed premises shall be subject to the following covenants and restrictions which shall run with the land: 1. Definition of lot. A "lot" is such parcel as is separately numbered as a lot on the aforesaid map. 2. No lot shall be subdivided, sold or conveyed, except as a whole, without the written permission of the Declarant or ~ts successors or assigns and the consent of the Planning Board of t~e Town of Southold. 3. No lot shall be improved or have placed or maintained ther(On any structure other than a single family dwelling, not to exceed two stories in height with a private garage for not more t~an three (3) automobiles. A two-story dwellinq shall ~ontain~ first floor area of not less than 1,000 square feet, ~nd a onestory dwelling shall contain a floor area of not less han 1,40%square feet exclusive of garages, carports, open breezeWays,patios, terraces or basements. Asbestos sidinq shall not beused on any dwelling or structure. TAX gIAP I)EqlGNATION I~,~ 1000 $,c. 035.00 08. O0 005.003 CONSULT YOUR I~S. WyER lLrFOl~ SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE U~EO BY LAWYERS ONLY. TI'I~INDEN'I~R~ madethe ~yof ,ninetecnhu~dredand BET%N~-~N GUSMAR REALTY CORP., a domestic corporation with an office at 13-07 37th Avenue, Long Island City, New York~ party of the first Part, and SUMMIT ESTATES HOMEOWNERS ASSOCIATIOM party of the second part, WITNE..q~. I ti, that the party of the first part, in eons deration of Ten Dollars and other valuable eonslderatl,on paid by the party of the second part, does hereby grant and release unto the party of the second l~rt, the heirs or successors and assigns of the party of the second part forever, ALL that certal.n plot, piece or parcel of land, ~a~t~lffu~a~xx~le~l~o:e~t~ situate lyingandbeingJ~d~ at East Marion, Town of Southol'd, Suffolk Count'~y, ' New York, known and designated as Parcel 'A', Parcel 'B', Parcel 'C' and Parcel 'D' on a certain map entitled "Map of Summit Estates at East Marion, Town of Southold, Suffolk County, N.Y." filed in the office of the Clerk of the County of Suffolk on as Map No. BEING AND INTENDED TO BE part of the same premises conveyed to the party of the first part by deed dated December 30, 1985 and recorded in the Suffolk County Clerk's Office on February 10, 1986 in Liber 9976 Page 456. TOGETIIt.'.R with all right, title ami blterest, if any, of the party of tile first part in and to any streets and roads ahutti,,g the above described premises to the center lines thereof; TOGETIIER with the appurtenances a,,d nil the estate n.d rights o! the party of the first part in and to said premises; TO HAVE AND TO IIOLI) Ihe premises herein Igranted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party o! tile first part covenants tlmt the party o[ the first part h~s not done or suffered nnything whereby tile said premises have been encnmhered in any way whatever, except as aforesaid. AND the l~'~rty o! the first part, in complia.ce with Section 13 of the Lien Law, covenants that the party ol~ the first part will receive the consideration [or this conveyance and will hold the right to receive such consld- eratlon as a trust hind to be applied first for the lmsrpose of paying the cost of the improvement and will apply the same first to the p~yment of the cost of the improvement before using any part o! the total of the same [or any other purpose. The ~rd "party" shall be construed ns if it read "parties" whenever the sense of this indenture so requires. IN' WITN~ WHE.REOF~ the party of the first part has duly executed thls deed the day ~nd, year first, above written. IN PRES£NCK O~: GUSMAR REALTY CORP. By Pantelis Fakiris, President lm'¥'T. TT~ T,T, ~ STATE OK NEW YORK, COUNTY On the day of personally came 19 , before me to me known to be the individual described in and who executed tbe foregoing instrumeot, and acknowledged that executed the same, EXHIBIT STATE Ol~ NEW YORK, COUHTY OF On the day of 19 , before me personally came Pantelis Fak'ir.}~ to me known, who, being by me duly ~o~' .~:~t .J___ . sa that ' ~ , u,u ucpose ano y he res~desat No. 14-61 159th Street Beechurst, New York : that he is the President ' of GUSMAR REALTY CORP. , the co~oratlon described in and which executed the forego ng .strument; that he knows the seal of sad corporation; that the seal affixed to said instrument is smh corporate seal; that it was so affixed by order of the boar.d of directors of said corvora- tlon, and that he signed hi.~ name thereto by like c;rder. On the day of 19 , before me personally came to me known to be the individual described i. and who executed the foregoing .instrument, and acknowledged that executed the same. STATE OK NEW YORK. COUNTY OF ssi On the day of 19., before me personally came ' the subscribing witness to th, e foregoing instrument, with whom I ,am personally acquainted, who being' by me duly sworn, d d depose and say that he resides at No. that he knows tO be the individual described {n and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. Notary Public TITLE NO. GUSMAR REALTY CORP. TO SUMMIT ESTATES HOMEOWNERS ASSOCIATION TICOR TITLE GUARANTEE SECTION BLOCK LOT COUNTY OR TOWN TAX RTLI.IKO ADDRES~ Iqecorded At Request o111cot Tltle Guarantee RETURN BY MAIL TO: Zip No. Sep's Landscaping "The Final Grade" Peter Sepenoski Orient, NY 11957 Bus. 477-1583 Res. 323.3630 March5, ~99! 13-07 37th Ave. L.I.C., N.Y. 11101 Attn: Mr. Peter Fakiris P~e: "Summit Estates" Dear MP,. Fakiris: %~ p~upose to maintain and cut the grassed areas in Parcels C andD as sharon the SubdivislonMapdwa~n by Young & Young for the~r~unt of FIVE I~3NDR~D ~ ($500.00) per year. ~nis proposal is for the 1991 season. EXHIBIT F (i) That the duration of the association shall be perpetual. 16. These covenants and restrictions shall run with the land hereby and shall bind and inure to the benefit of said parties hereto, their heirs, administrators and assigns until January 1, 2010, after which time they shall be automatically extended for successive periods of ten (10) years each unless an instrument signed by the then owners of a majority of all of the lots agree to change such covenants and restrictions in whole or in part, shall have been recorded, however, notwithstanding any of the above Reserved Areas marked Parcels "A", "B", #C" and "D" shall remain in perpetuity. 17. These covenants and restrictions may be enforced by an action for damages or injunctions or both. The Declarant, its successors or assigns, hereby reserve the right to alter, Nodify, extend, terminate or annul any of these covenants in whole, or in part, without the consent of any person. 18. Invalidation of any of the aforesaid covenants and restrictions by judgment or court order shall not affect any of the other provisions which shall remain in full force and effect. Failure to enforce any provision herein contained in any par- ticular instance shall not be deemed a waiver of the right to do so as to any continuing, subsequent or other violation. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. GUSMAR REALTY CORP. By Pantelis Fakiris, President STATE OF NEW YORK: COUNTY OF SUFFOLK: On this day of , 1991, before me personally came Pantelis Fakiris, to me known, who, being by me duly sworn, did depose ahd say that he resides at 14-61 159th Street, Heechurst, New York; that he is the President of GUSMAR REALTY CORP., the corporation described in, and which executed the foregoing instrument; that h~ knows the seal of said corporation; that the seal affixed to sa~d instrument is such corporate seal; that it was so affixed by order.of the board of directors of said IcorporatioI, and that he signed his name thereto by like order. Notary Public -5- 14. Within sixty (60) days after the creation of said association, by-laws shall be adopted for the government thereof ~hich said by-laws and any amendments thereto shall be approved by the Town Board of the Town of Southold and'the State of New York Office of Attorney General, Real Estate Financing Bureau for a homeowners association. 15. The by-laws of such association shall, in addition to other matters, provide for the following: (a) That the owner of each lot shall be entitled to one vote at any meeting of the association. (b) That every lot owner shall be subject to a propor- tionate share of the expenses of the association including taxes, insurance and any and all expenses incurred by the association for the improvement, maintenance ahd use of the property o~ the association. In the event that the control, use and possession of the dock is assigned to the Association a separate assessment shall be imposed on each participating lot owner using the dock. (c) That every lot owner shall have an equal right, in common with all other lot owners, to the use and enjoyment of the property of the association, subject however, to the by-laws and rules and regulations of the association. (d) That the association shall have the right to borrow such sums of money as it deems necessary for cost of the main- tenance and improvement of its property and to secure the same by a lien on its property. (e) That the association shall have the right to suspend the voting rights of a lot owner for his failure to pay when due any and all charges due the association; that all such unpaid charges shall be a lien on the lot of such owner and that the association shall have the right to collect the same and to enforce the lien thereof by any means authorized by law. (f) That the association shall pay all taxes, assessments and other charges imposed by any governmental agency as and when the same are due and payable. - (g) That the association shall maintain adequate fire, ipublic liability and such other insurance as it deems necessary for the protection of its property and members. (h) That the association shall use, operate, and maintain all the property owned by it in a safe and proper manner and in a~cordan~e with the laws, rules and regulations of the Town of Southold and other governmental agencies having jurisdictioa thereof. -4- 4. No building or structure shall be erected on any lot until the building plans as to the location on the lot, the outward appearance and design have been approved, in writing, by the Declarant, its successors or assigns. There shall be no alteration to the exterior of any dwelling or structure except in accordance with the plans and specifications which have received the prior written approval of the Declarant or its successors or assigns. All dwellings and structures shall conform to all applicable codes and regulations of the Town of Southold, and no variance thereof may be obtained without written approval of the Declarant or its successors or assigns. Two copies of proposed plans and specifications shall b? submitted to the Declarant, its successors Or assigns, one of which, when approved, shall be returned to the owner with such approval endorsed thereon. If the Declarant, its successors or assigns, shall neither approve or disapprove the plans and specifications within 30 days after they have been submitted to and received, the plans and specifications shall be deemed approved. 5. No lot shall be used or maintained for any purpose other than a one-family residence. No trade, business or manufacturing shall be carried on in any residence or anywhere on the property. Specifically exempt from this restriction, however, are the practice of.medicine, dentistry, law and architecture, providing the profession does not exceed the licensed practitioner and on~ assistant. No obnoxious or offensive activities shall be carried on upon any lot, nor shall anything be done on a lot which may become an annoyance or nuisance to the neighboring properties. 6. No signs other than one identifying the owner's name and number of the house or a professional sign shall be erected on the premises. Permissable signs shall not exceed 10 inches by 20 inches, comprised of a white field with black letters or a black field with gold letters. This restriction shall not prohibit the Declarant, its successors or assigns, from using said premises or any part thereof for the sale of real estate, including the right to place subdivision advertising signs or model home signs on the premises. 7. No fences or exposed clotheslines shall be erected or hedges grown upon the property without prior written approval of the Declarant, its successors or assigns. ~. Ail debris must be removed from any lot prior to occupancy. No area of the premises may be used for the dumping or storage of garbage, and all such materials shall be stored in sanitary containers and'shall be removed regularly from the premises. The grounds of each lot shall at all times be reasonably well maintained. 9. All exterior construction, including roof, exterior walls, )ainting, windows, doors and landscaping shall be completed within one (1) year from the date construction commences. -2- 10. With the exception of Lot Nos. 1, 21, 22, 23, 24, 32, 33, ~4 and 35 no electric or telephone poles shall be allowed on the premises as all u ' ' · · · . tllity services for electric and telephone will be installed by a residential underground system. 11. The Declarant, its successors and assigns, intends to dedicate all streets, roads, drainage areas and easements to the ~own of Southold for highway and drainage purposes. 12. The Declarant, its successors and assigns, sets aside ~nd reserves for recreational areas in perpetuity, the following parcels appearing on the Map of Summit Estates at East Marion, and marked as Parcel "A" - Open Space, Parcel "B" - Open Space, Parcel "C" - Open Space and Parcel "D" s ' - Park and Recreation Area, ub]ect to the following conditions: (a) Declarant covenants ~nd agrees that at or before the time when 30 of the lots have been conveyed by it to third parties, that it will, at its own cos~ ~-~ ....... establish ~ not-for-profit corporation ~o be kn~w~-~s~ Estates Homeowners Association", hereinafter referred to as the "association" and within sixty (60} days thereafter convey to such association all of the right, title and interest of the Declarant in and to said Parcels "A", "B", "C" and "D". (b) The use of the reserved areas denoted as Parcels "A", "B", "C" and "D" as shown on the filed map shall be for recreational and conservational purposes in accordance with the rules and regulations as may be promulgated by the property owners association to be formed. The Declarant, its successors or assigns, may construct recreational facilities in these areas subject to the approval of the Planning Board of the Town of Southold. However, the dock as it presently exists in Gardlners Bay on the southerly side of Reserved Area "Parcel D" due to its size and lack of water is for the exclusive and private use of Lot No. 3 and the owner of Lot No. 3 shall be responsible for the maintenance and upkeep of the dock. It is contemplated that an extension to the existing dock might be constructed in the future. fhis dock extension need not be be built and any such extension of the dock shall be within the sole discretion of the Declarant pending ~overnmental approvals. If such governmental approvals are obtaxned for a dock extension and the Declarant decides to constTuct the extension, at its own cost and expense, then the Declarant at the time of completion of the dock extension will transfer to the Summit Estates Homeowners Association the control, use, possession, maintenance and upkeep responsibilities of the exist'lng dock with the dock extension, with the owner of Lot No. 3 only retaining the exclusive right to use the southerly four dock spaces om the dock extension. 13. Uppn the creation of the association as hereinbefore )rovided, every owner of a lot shall be deemed a member thereof, and shall be subject to the by-laws and rules and regulations thereof. -3- DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES DECLARATION made this day of , 1991, by GUSMAR ~EALTY CORP., a domestic corporation having its principal place of ~usiness at 13-07 37th Avenue, Long Island City, New York 11101, hereinafter called the Declarant. WHEREAS, the Declarant is the owner in fee simple of the following described premises: ALL that certain plot, piece or parcel of land in the Town of Southold, County of Suffolk, State of New York, known and designated as Lot Nos. 1 through 35 on a certain map entitled "Map of Summit Estates at East Marion, Town of Southold, Suffolk County, N.Y." filed in the offic~ of the Clerk of the County of Suffolk on the day of , as Map No. WHEREAS, the Declarant desires to make this Declaration setting forth reservations, restrictions, covenants, conditions and agreements, subject to which the property shown on said map is now held and shall be sold and conveyed. NOW, THEREFORE, the aforedescribed premises shall be subject to the following covenants and restrictions which shall run with the land: 1. Definition of lot. A "lot" is such parcel as is separately numbered as a lot on the aforesaid map. 2. No lot shall be subdivided, sold or conveyed, except as a whole, without the written nermission of its successors or assigns and the consent of the Planning Board of the T~wn of Southold. 3. No lot shall be improved or have placed or maintained thereon any structure other than a single family dwelling, not to e~ceed two stories in h~ight with a private garage for not more than three (3) automobiles. A two-story dwelling shall contain a first floor area of not less than 1,000 square feet, and a on~-story dwelling shall contain a floor area of not less than ~,400 ,square feet exclusive of garages, carports, open breezeways, patios, terraces or basements. Asbestos siding shall not be used on any dwelling or structure. EXH I C 814 W. BEECH STREET LONG BKACH, NF~W.Yo~K 11~$1 ~16-897-4S4~ March 14,1991 GUSMAR REALTY CORP. 13-07 37TH aVE. LONG ISLAND CITy N.Y. 11101 RE: SUMMIT ESTATRR HOMEOWNERS ASSOCIATION ESTATE OPEN AREA LIABILITy INSURANCE QUOTE DEAR MR. FAKIRI~, PLEASE BE ADVrSED THAT WE HaVE RESEARCHED THE COST OF ONE MILLION DOLLaRs ($I,000,000} GENERAL LIABILITY FOR INSURANCE FOR THE OPEN aREaS CAPTIONED aBOVE. OUR RESEARCH REVEALS THAT COST OF TR!S INSURANCE WILL.BE APPROXIMATELY $575.00 PER YEAR. SHOULD YOU REQUIRE ANY ADDiTiONAL INFORMATION. PLEASE DO NOT NES~TATE TO CALL TRIS WRITER. S E. COSTaNTaKOS PRESIDENT EXHIBIT BOARD OF ASSESSORS TOWN OF SOUTHOLD $outhold Town tlall P.O. Box 1179, 5'3095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1937 March 13, 1991 GusMar Realty Corp 13-07 37th Ave Long Island City, NY 11101 Re: SCTM# 1000-35-8-5.3 Open Space Dear Mr. Faklris, Per your request below please find an estimate of assessment and taxes for an 8 acre parcel of open space on the above mentioned tax map number. 8 acres X 300 [)er acre = 2400/Assessment 2.4 X 378.297(1990-91 Tax Rate) ~ $907.91/Taxes The assessment mentioned will be apportioned equally amoung each separate lot of the subdivision. Therefore, there will not be a separate tax bill on the open space once the subdivision is approved. If you have any questions, please do not hesitate to call our office. RIS/cg Chairman / EXHIBIT 0 .Il CONsuLT TOUll LAWYII IGHiN& THiS iNSTRUidlNT o THiS iNSTIbe~ . Tills INDEN~ ~adethe 30th' dayo~ Dese~ber , ~net~h~d~d ~d eighty-five BE~EEN ZENA KAPLAN, presentl~ residing at ~ Dawn Drive, 3mithtown, New York, and RIiODA KAPLAN~.pr~enUy 'residing at'XlS?Lakeshor~'Driv~, North Palm Beach, Florida, ~ P' ~.~,r, '.,~:.~ , - .DISTRICT 1000 035.00 005.003 pa~ty of the Grst part, and GUSMAR REALTY CORP., a domestic corporation with an office at 1307 37th Avenue, Long Island City, New York, parly o~ the second pa~ ... : Wi~sE~, ~at the pa~ of ~e 6rst pa~, in mn*ide~tlon ag Ten DoUer~ ($~0. OO) and other good and v~uable consideration ---~ ........... .... _ ...... law[uJmoneyo the n e es, ''. '',,.*. ' by ~e Fa~ ol ~e ascend ~, d~ heteb7 ~t ~d rel~e unto the pa~ o~ ~e a~nd ~, ~e hei~ or successors and assigns o~ ~e part~ of the ~econd ~ Iorever, ALL tl~at certain plot, piece or Farcel el land, wi~ ~e buildings ~d improvem~ ~er~on crated, lying and being in ~ or nee~ the Hamlet et ge~t MaHou, Tqwn ? Southoid~ County et SuE[elk end 6tare o~ New Yo~, ne deee~Jbed in "Schedule A' hereto and made e pa~t he.eeL .-. Z..~ '* ~ING AND INTENDED TO U~ the come premieee conveyed to the party o~ the first pn~t by Deed dated duly 27, lgTg, recorded in the 8u[Eolk County Clerk,s O~flce on Auguet 1, '1979, in Liber 8608, at ~age T?, nnd by Deed dated ]6, 1968, ~eeorded on February 21, 1968, In ~[be~ 6307, at Page 254. February The party o~ tl~e eeeond part hn~ eimultnneouely herewith executed and deUvered o Purchase-Money Mortgage in the amount o~ Fou~ ilund~ed Thoue~d DoHere ($400,000.00), intended to be recorded eJmu~teneoueiy herewith,.** ZENA KAPLAN'and RHODA.kAPLAN' to GUSMAR REALTY CORP. :'Schedule A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in or near the Hamlet Of East Marion, Town of Southold, County of Suffolk and State of New York, bounded ,and deecribed~ae follows: BEGINrIING at the ~)oint of intersection of the southerly line of ,, Main Road with the westerly line of Shipyard Lane and running thence along said westerly line of Shipyard Lane, the three following courses and distances: 1) South 36 degrees 36 2) South 35 degrees 56 3) South 35 degrees 41 of Parks:de Heights minutes l0 seconds East, minutes 30 seconds East, minutes 30 seconds East, Co.; 833.33 feet; 832.52 feet; 43.12'feet to land Thence along said land of Parks/de Heights Co., courses and distances: the four following 1) South 55 degrees 16 minutes 00 seconds West, 293.40 feet; 2) South 35 degrees 41 minutes 30 seconds East, 600.00 feet; " 3) South 55 degrees 16 minutes 00 seconds West, 206.73 fe~; .,' 4) South 11 degrees 49 minutes 30 seconds West, 529.00 feet, more. or less, to ordinary high water mark of Said:net's Bey; Thence westerly along said high water mark, 100 feet, more or. less, to land of Kavansugh; ~ '..~!~,%0t'~" .~'?~%{I~(.~...~~'~, '"" ':. · .; . Thence along said land of Kavanaugh, the fou~'following courses and distances: 1) Merit 11 degrees 49 minutes 30 seconds East, or less; , 2) South 85 degrees 45 minutes 20 seconds West, 3) North 33 degrees 30 minutes 50 seconds West, 4) South 58 degrees 49 minutes lO seconds West, now or formerly of Dawn EaCates, Inc.; 467.00 feet, more 250.00 feet; 427.54 feet; 87.89 feet to land Thence along said land of Dawn Estates, Inc., other land of Kavanaugh and land of North Fork Equities, Inc., North 33 de,tees 22 minutes 50 seconds West, 812.15 feet/ Thence cent/suing along said land of North Fork Equities, Inc., North 34 degrees 34 minutes 40 seconds West, 1,067.74 feet to the southerly line of Main Road/ Thence along said southerly line:~o£'Main,Roa~,!' thetthree following courses and distances= 1) Uorth 2) North 3) North less, 71 degrees 44 minutes 30 seconds East, 93.75 feet; 77 degrees 42 minutes 30 seconds East, 221.37 feet; 64 degrees 53 minutes 30 seconds East, 60.00 feet, mote or to land of State of New Yotk/~,~' Thence along said land of S~ate of ~ew York, the five following courses and distances: 1) South 32 degrees 19 minutes 20 seconds East, 506.58 feet/ 2) North 57 degrees 40 minutes 40 seconds East, 300.00 feetl 3) North 32 degrees 19 minutes 20 seconds West, 300.00 feet; 4) ~o~lth 57 degrees 40 m~nutes 40 seconds West, 265.00 fecal 5) North 32 degrees 19 minutes 20 seconds West, 202.15 feet to said southerly line of Main Road; Thence along said southerly line ~f Main ROad, 'courses and distances: · ' 1) Nocth 64 degress 53 minutes 30 seconds East, or less: 2) North 57 degrees 40 .minutes 40 seconds East, the point or place of BEGINNING. the two following 20°00 feet, more 430.21 feet to -2- t TOGE, TItF. R with a!l right, tide and interest, i! any, o[ the party of~e Grit p~rt in and to any streets and roads abutting the above described prentisea to' the cetiter ~neI thercoJ', TOOETiIER with the appurtenances and aH the saute and' fights of the party pf the Grit part In and to s~d premises, TO HAVE AND TO HOLD the premises bere~n gnmted unto the party of the second part. the heirs or successors and assigns of the part? of the second part forever. AND the par~ o1' the first part covenants that the ixuty of the Grit part has not done or suffers anythinI whereby the sa~d premises have been incumbered In any way whatever, except as aforesaid. AND the r)arl- of th- c .........' ' ', r ..... ,' , . ,. , . th, Gr,, "'"' ". :7* o,..,, .... ,.,,...ts th., ,,, ' e Constaeratmn for.thj! conveyance and will hold the fight to re~elve such eoneid: me Same first 1o the payment of the cost o! the l.m. jPro?.ement,.bel, o.re,using uny p~d. of the total of the. same for ' any other purlx)se. , , . . '. , .. ' · The word "party" shall be construed as if ~t r.~,.d "partlce".whenever the lense of thll indentuce so requires. IN WITNESs WIIEREOF, the party of the nrl~ part ~ duly ex,.ecuted ihll deed the day and~year written. '":"" ~';"' ....... :"?"~ll=l "I&FLIi o~ Il#AZ.aAis' ~."W~Hlt ,,~. -- -'-~-'"~l. Zen-. Eel)inn // ..........~ ' - ,: , '~oda KaplatT// : :.: -C ~" '.. :'* "'"" ' , j,.,j.,c.i Ii~.t ' .;'.'..,' ! ,,r I~.n' *.,~IyR Illf/,~'~,~,! , ,, ,,, · ', .,~r.' .... '"" " · , "· '.; ~. t" "t 't'.~ · " ' ~' '~ I !" :'l'rl I;'.Fo lu ~.I'* I' ' ~ ~" I * *:~t' .I..']!r,!.I L,I 'I' ~':~*":q",,; '"'" '"-,,"" ' ~ "::""'; I'~'F' *; %'t It' ' I"' · .. ~ 'C '~?~ ' ,,'*,,*,,t " t.K ss, STAT, o, ': OF SS, .the ~'lll dayof January, ' 19 8O, beforeme Onthe /ersonaJl! came ZENA KAPLAN to me k,~cwn to be the btdi~dunl described in ~d who ~x~uted I~e forgoing instant, and a~owledg~ ~t 'she ~:~ted ~e ~e. JUDITH A. ITA~ Of H~ YO~K, COU~ to me kno~vn, who b~ng by me dMy sworn, did de~ and ~y ~at ' ~e resides nt No. si ...... ' ,. the co~t'~A desexed m nna ~m~ ~e~led ~e forego n~,lnsl~t~ ~nt .he knows tlc, s~l of ~ d ~tl~I that the s~l a~ to ~id i..t~mmt Is such ~te ~xed by urder of t~e b~rd of d~rs~ors of ~ld m~- tmn, and that he s,~ed h ;. ~me thereto by like order. dayof ~.~.,/,~, 19 /~Tbeforeme personally C~me ~R'ltODA KAPLAN ~ to me known to be the'btdivldu~l described bt and who ex .cf'uteri the foregobtg btst~ument, m,d udmowledged tl~t flue executed the same. , 'llOfflf PUNIC STAT! Of ~'LO,~IOA '- .' .~ =STATI'OPNEW YOIK,'C:OUNTY OP' III On the day of 19 , before me ~rSonally ..~.me ,. : · e subscrsbing witness to the foregoing instrument, with whom I .am personally aequabtted, who, belnl~ by me duly sworn, dad depose Iud ..y t~t he resides at ~o. that ,heknows .., : .~ ' ' ' · ~ to be the individual described in and who executed the foregoing instrument; that he, said subscribing .v~tness, was present an.d saw execute the same, and that he, said witness, ,"t.the Same time subscribed h name as witness thereto. WITH (~.~',~ I~NANT AOAINn' GII~HTOI'I ACT! TITL! NO. ZENA~!K~,Pt. AN and RHODA KAPLAN OUaMAR REALTy CORP. BLOCK LOT COUNTY OK TOWN / R=r~ed al Request of ICAOO 'TITLE INSUP. ANCE COMPANY Return by Mall to / Paul A, Camlnitl, Boq. . 54075 Main Road P;O. Box 092 8oGtliold,'New York 11971 Zip No. FolIowin[ is my complete employment ,end bus ness aililiation record for the past five years: (Indicate periods of self-employment and unemployment. Include all corporations or other entilies where you hold or held e substantial equity or controllinK interest.) '. FR~M TO EMPLOYER OR BUSINESS AFFILIATION ' ' POSITION HELD MO. YR, MO. YR NAME ADDRESS Home Address: Place of Birth: Social Security Title: Phone: Date of Birth: Prior home addresses for past ten years: Following is my complete e-tp!oyment an_~d business affiliation record for the past five years: (indicate periods of self-employment and unemployment. Include all corporations or other entities where you hol.d or held a substantial equity or controlling interest.) FROM TO EMPLOYER OR BUSINESS AFFILIATION POSITION HELD MO. YR MO. YR NAME ADDRESS EecI~ of the undersigned, casclltatlng all officers, directors, partners, ar ce,flailing principals of the registrant do hufe~y state and reprelent that all Itatemeflfs contel,ad herein are truu u.d ce.oct and understands that any lal~e slatement shell constitute . violation o~ Art. 23-A of the ~aerol Business Law. bo Home Address: Place of Bidh: Social Security I: Title: _ · ~ Phone: .,, Pate of Birth: _ ~'~ Prior home addresses lot past ten yeara: Followin;, is my complete employment an___d business affiliation record for Ihe past five years: (Indicate periods o! self-employment and unemployment. Include all corpotltions or other entities where you hold or held a substantial equity or eon~rolline ialer~al.) FRC)~ TO EMPLOYER OR BUSINES~ AFFILIATION POSITION HELD MO. YR, ~0. YR NAME ADDRESS llama Address Place DE l]irth: Social Security #: Title: _ Phone: . Date of Birth: Prior home addresses for past ten years: Followinl~ is my complete employment and business affiliation record for the pest live years: (Indicate periods of self*employment ~ unemployment. Include all corporations of other entities where you hold or held a substantial equity or controJlifll interest.) FBOM TO EMPLOYER ON BUSINESS AFFILIATtON POSITION HELD MO, YR MO. YR NAME ADDRESS I Home Address: Place of Birth: Social Security Title: .... Phone: Dote of Birth: Prior home addreaaes for pest ten years: . lies issuer, any officer, director, principal or parlner ever A. been suspended or expelled from membership in any securities exchange, association of securities dealers or investment advisors or counsef~ .......... ~'es I'-q No ~ ~. had o license or reKi~trntion es · dealer, b~oker, investment advisor or ~ale~man denied, suspended or ~evoked? .......................................................... Yes ~ No ~ C. been enjoined or ~est~eined by any court or eKeney from: I. the i~uance, sale or offer for sale of securities? ...................................... Yes ~ No ~ 2. renderifl~ securities advice or counsel? ' · ........................................... ~es ~ No ~ · ~. handlinK (,r monaKinK trndJnK accounts? ........................................................ Yes ~ No ~ 4. conlinulnK any practices in connection with ~ecmit es? ........... Yes ~ No ~ D. been convicted o[ any ct me? ........ ........................................ Yes ~ No ~ E. u~ed or been knownbyany other name? ...................................................... ~... Yes ~ No ~ F. been the subject of any professional disciplinary proceedinK? Yes ~ No ~ G. been adjudged a bank~upl or made a general aSsiKnment (or bene~il of ~y~di~or~ ~ been an officer, dJrectof of pHflclpal of any entity which web ~eor~ani~ed in bankruptcy, odjudKed a bankrupt or made o ~eneroJ ossjfn. " meat for benefit of creditors? ............................................................................ Yes ~ No ~ H. had an offerinE of securiHes within the last three years or been 0n ol~icer, director, principal or partner of any entily which had an offering of ~uriHeR wilhin the IflRt ~hFee years ................................................................ Yes ~ No ~ "¥F:S*', mtach ~latement of full particulars ......... . ....... l.i~l name~ and residence add~esse~ of nil securities salesmen: (if none, so indicate) NO~ II. 12. Are there any outstandinR judgments against the issuer or any officer, director, principal or partner thereof? If yes, attach statement of full particulars. Yes CD No C~ The information set forth below should be provided for each officer, dbector, pri.eipal or partner. If not enough space is provided use cent inuntion sheets. Name: Pantelis Fakiris Title: President ll,,me ^ddre.~s: 14-61 ]59th St. , Beechurst, NY 11357 Phone: (718} 392-6858 Place of Birlh: Greece Date of Birth: _ 4/1942 Social Security /~: 124-48-0256 Prior home addresses for past ten years: _2_5-_1_5 45th .S_t~___eg_t, Astoria, New York I"ollowinR is my complete employment and business affiliation record for the past five years: (indicate period~ of self-employment ;nd unemployment. Include all corporations or other entiti(.~ where ~,ou hold or held a substantial equity at controlling interest.) teem TO EMPLOYER DP BUSINESS AFFILIATION POSITION HELD Ye. MO. YR NAMg ADDRESS 1980 Present S~t Wate~r~fing, L.I.City, ~ York Presid~t ]984 Present ~r.Rea~ty ~., L.I.Citv, ~w ]987 Pres~n~ v~~~., ~r~- ~Y MO. Present Su~nit Lng CO,q3., L.I. City, N.Y. President 'er STATE OF NEW YORK DEPARTMENT OF LAW COOPERATIVE AND CONDOMINIUM SPONSORS AND SELLING AGENTS BROKER DEALER STATEMENT (Secllon 359-e Gen. Bus. Law) Name of Registrant Gusmar Realty Cora. Address 13-07 37th Avenuo, Lonq Island City. Ne~ York 11101 TeL No. (718) 392-6858 Registrant is ~ corporation ~] general partnershlp I~] limited ps~nershIp ~1 other (specify) Organized under the laws of New York on March. 1984 2. Registrant is [~ sponsor [::3 selling agent (if alicensed real estate broker giye State LicBnse ~ Expiration Date .) [~ Promoter of"unsold stock" of a cooperative corporation [~ Promoter of"unso]d"condomlnium units I-'1 Seller of interests iff a Homeowners Association ~ other (specify) ~. The Re~ishant maintains the followin~ offices: 13-07 37th Avenue~ Lonq Island ~, New York ill01 4o Registrant proposes to offer the following: ~ ~tock of cooperative housing corporation [~] condominium units (including stock of or membership in condominium associations or corporallons, if any.) [(-1 Homeowners Association Interests in Real Estate The offering will be made pA~New York only ~ in New York and other states:. The offering will be made C:3 by the officers, directors and employees of the Registrant [~3 by selling,~ agent.. If by s selling agent, indicate names and addresses of seJlinl sleet, Vi_._orian Realty Corporationr 110 Front Streetr GreenDort, New York 11944 Name and address of cooperative housing corporation, Homeowners Association or condominium which Kava rise to this filing ~Urmlit Estates H~neowners Association ]f Registrant is the promoter of "unsold stock" of an apartment corporation, "unsold condominium units", or other "unsold" interests, has same been disclosed in un offetinI plan or In amended offering plan: [~ Yjes [~] No Out of $~ate of foreign nrms are r~qulmd to attach s certified copy ora deslg~ation for the service of process on the Secretary of State. Attach additional sheets where space provided is adequate. For assistance in completing Form please call the Reel Estate Financing Bureau. (212) 341-2121 Filing Fees Enclosed as follows: Broker-Dealer Statement-Four Fears ................................. $200.00 Partners, Proprietor~, Officers. dj'rectors NUMBER or principals at $10 each .. JO Please enclose check or money order: $ ~lO. OO · (payable to Dept. of Law) TOTAL 170 Broadway New York, N.Y. 10271 The lots on the map are being sold by the developer as vacant and they comply with the Southold Town Zoning Ordinance require- ments for construction of single family dwellings on each lot by the purchaser. The developer as well as Gusmar Realty Corp. have not within the preceding five years participated in any other application for a no-action letter or have made any other offerings which were not pursuant to an offering plan filed with the Department of Law. The granting of this application for a no-action letter at this time will allow the developer to construct all the improve- ments on this subdivision as quickly as possible without any interference as the developer will pay all of the costs in connection therewith. By the time the 30th lot is sold all the improvements will be constructed and Parcels A, B, C and D will be deeded to the association free ahd clear of any encumbrances. ' -' Pantelis' f~-ak~ris Sworn to before me this 29th day of March, 1991 Notary Public -3- It is proposed there will be no income to the homeowners association and the costs of operating the future homeowners association property will be the real estate taxes which are estimated to be $907.91 per year (a copy of a letter from the Board of Assessors, Town of Southold is attached hereto as Exhibit D). In addition there will be the premium of $575.00 per year for a One Million Dollar General Liability Insurance Policy (a copy of a letter from Filos Agency, Inc. is attached hereto as Exhibit E); the cost of cutting the grass in the common areas would be $500.00 per year (a copy of a letter from Sep's Landscaping is attached hereto as Exhibit F). At the time the property is transferred to the homeowners association there will no underlying mortgage on the property. All of these expenses and any others incurred with Parcels A, B, C and D will be paid for by th~ Gusmar Realty Corp. until such time as the 30th lot is sold to a third party and this prdperty is transferred to a homeowners association. There are no known extraordinary expenses for the maintenance of these common areas. There will not be a contract of sale between Gusmar Realty Corp. and the proposed homeowners association because when the 30th lot is sold to a third party a homeowners association will be formed in accordance with the rules of the New York State Attorney General's Office. Parcels A, B, C and D will then be deeded to the homeowners association (a copy of the proposed deed is attached hereto as Exhibit G). All of this will be done at no expense to the homeowners association. At that time the developer will not retain any continuing interest in the association as each lot owner will have one vote. At the time the property is turned over to the association it is the association who will then govern the use of this property and not the developer. At the time of entering into contracts of sale and prior to acceptance of any down payment for lots on the aforesaid map to third parties, the contracts will contain as an attachment a complete copy of this application and a copy of any no-action letter received from the Attorney General's Office. In addition at the closing of each lot the developer will obtain an affidavit from the purchaser setting forth: The purchaser's name, residence and business address; a statement that purchaser has read a copy of this. affidavit submitted as part of the application for a no- actibn letter; a statement that purchaser understands that no offering literature other than as required by the no-action letter will be provided; and a statement that the purchaser has physically inspected the subject property to be included in the future homeowners association. These affidavits will be made available within five (5) days after a request by the New York State Department of Law. -2- STATE OF MEW YORK: COUNTY OF ss. PANTELIS FAKIRIS, being duly sworn deposes and says: I am the President of Gusmar Realty Corp., a New York corporation with office and principal place of business at 13-07 37th Avenue, Long Island City, New York. Gusmar Realty Corp. is the owner of 40.8224 acres of land on the westerly side of Shipyard Lane, East Marion, New York (a copy of the deed to this property dated December 30, 1985 is attached hereto as Exhibit A). The property has received preliminary approval from the Southold Town Planning Board for a 35 lot subdivision (a copy of the "Preliminary Subdivig,ion Map Prepared for Summit Estates at East Marion, Town of Southold, Suffolk, N.Y." is attached hereto as Exhibit B). It is proposed that Parcels A, B, C and D, which are outlined in red on the aforesaid map, will be deeded over to a homeowners association when 30 lots on the aforesaid map have been sold (a copy of the proposed Covenants and Restrictions which will be recorded simultaneously with the map are attached hereto as Exhibit C). All roads in the subdivision will be built under a Performance Bond and will be dedicated to the Town of Southold. The Site Plan for the open space areas is simple because they wil remain vacant. Parcels A and B will be used strictly as open space and will contain primarily trees. Parcel C will also be open space and contain trees and grass. Parcel D will also be open space planted with grass and will be used as a park and recreation area for the residents of the subdivision. The dock which is attached to Parcel D will remain for the private use and enjoyment of the owner of Lot No. 3 because this dock will only accommodate four boats because of the shallowness of the water in this area. However, as provided for in the Covenants and Restrictions if there is ever an extension built to this dock to get to deeper water, then the entire dock including the extension. will be transferred to the homeowners association with the owner of Lot No. 3 retaining the exclusive use of four boat slips. .Gusmar Realty Corp. as owner and developer of this subdivisio~ will comply with the escrow and trust fund provisions of the General Business Law Section 352-e(2)(b) and Section 352-h and will provide in the contract of sale to each prospective purchaser a statement that the purchase price of the lots includes the cost of membership in the future homeowners association and will also include the current yearly cost for ~ainten~nce of the common areas which will ultimately be deeded to the homeowners association. RICHARD F. LARK ATTORNEy AT LAVV March 27, 1991 State of New York Office of Attorney General Real Estate Financing Bureau 120 Broadway, 23rd Floor New York, New York 10271 Gentlemen: I represent Gusmar Realty Corp. who is the applicant for a no-action letter for the creation of a homeowners association until such time as 30 lots are sold in connection with the subdivision entitled "Map of Summit Estates". The reason the no-action letter is being requested is there is no need at this time for the creation of the homeowners association in that the developer wants to file the subdivision map, go ahead with the installation of the water and utility lines and construct the roads. All of these improvements will be done under a Performance Bond with the Town of Southold. The roads will be constructed in accordance with the Town's specifications and will be dedicated to the Town of Southold as public roads. The public water lines will be installed by the Village of Greenport, electric lines installed by Long Island Lighting Company and telephone lines by New York Telephone Company. Every deed to the individual lots will be subject to Covenants and Restrictions. When the 30th lot has been sold the homeowners association will be created and each lot owner will then become a member of this association. It is estimated this will occur between two to three years after the map is filed. Until the 30th lot is sold all of the control of the subdivision, including the common areas, will remain with.the developer. The delay in the formation of the homeowners association is that it will benefit the lot owners because any lot owner purchasing prior to that time will have the use and enjoyment but not have to pay any common charges for the expense and upkeep of these common areas. At the time of the sale of the 30th lot the homeowners association will be formed and the property deeded to it. The asso- ciation will then be able to govern the association property in a6cordanc~ with the association by-laws without any control by the, developer. State of New York Office of Attorney General -2- March 27, 1991 The Covenants and Restrictions which run with the land are binding on the developer to form the homeowners association upon the sale of the 30th lot. As the attorney for Gusmar Realty Corp. I participated in the preparation of this application and have no actual knowledge of any omission of any interest statements regarding a material fact included in this application. It is my opinion that at the time the 30th lot is sold to a third party that I will cause a homeowners association to be formed in accordance with the applicable laws and the property denoted on the filed map as Parcels A, B, C and D ., will be deeded to this association. Given the fact the developer will only sell vacant lots arid the Covenants and Restrictions which run with the land, it is my opinion the public interest will be served by a no-action letter at this time and the homeowners association shall be created at such time as it will be viable entity to govern and operate the homeowners association property. RFL/bd Very tru~ly yours, ~f'chard F. L~rk VICTORIAN REALTY co v. "A Full Service Realty" A~ril 8, 1991 Town of Southold Main Road Southold, N.Y. 11971 Attn: Melissa Dear Melissa: Enclosed please find a cop~ of the package that has been submitted to the Attorney ~eneral. This package includes an application for a no-action letter and a copM of the covenants and restrictions for the referenced project. Should you require any additional information, please dO not hesitate to call. Sincerely, Donna Gera~hty DG:kab Enclosure APR - 8 199! 110 FRONT STREET - GREENPORT, NY 117-~. ' (516) 477-2730 . FAX (516) 477-8643 RICF~ARID F. LARK March 29, 1991 St:ate of New York Office of Attorney General Real Estate Financing Bureau 120 Broadway, 23rd Floor New York, New York 10271 Gentlemen: In connection with the application of a no-action letter for the above-captioned subdivision I am enclosing the following: 1. Affidavit of Pantelis Fakiris sworn to on March 29 , 1991. Letter of Richard F. Lark, Esq., attorney for Gusmar Realty Corp. dated March 27, 1991. Application fee in the amount of $150.00 paid to the Department of Law. 4. Dealer Statement (Form M-10) executed by the developer. If after review of the above documentation, you need any other information, do not hesitate to contact me. RFb/bd Enclosures Very truly yours, ~% card F.~ark - B 199 RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 765-3140 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD JAMES A. RICHTER ENGINEERING INSPECTOR 734-5211 INSPECTION REPORT DATE APRIL 25 1991 PROJECT: SUMMIT ESTATES DAY M~_~ TUE WED ~ T~ FRI SAT SU~ WEA'I~I~I~ · ~ C~.~AR OVERCAST~ ~AIN SNOW REPORT SCTM # : 1000-35-8-5.3 TEMP 0-32 32-50 ~%r-TU~ 70-8~ 85~ CONTRACTOR: S,,~m~ t Corporation WIND STI~ M~ R£~ 01 PROJECT FOREMAN: Dan Dra$onetti M~?DITY DRY C MOL~ HIGH AVERAGE FTRLD FORCE: ~AME OF CONTRACTOR NON-MANUAL MANUAL REMARKS VISITORS: lIME' I NAME REPRESENTING iEQUIPMENT AT THE SITE: Su~m%it- 1 Front End Loader, 1 Roll off Dump Truck, 1 Equipment Truck CONSTRUCTION ACTIVITIES: IREMAiLKS I 10:00 AM Several complaints have been received by the Highway Dept. concerning the work being done on this site. Mr. Dragonetti is placing earth berms on the site on which he intends to plant trees or schrubery. These berms outline the proposed roads in the subdivisioz The material for the earth berms is comming from on site in the area of the proposed recharge basin. Mr. Dragonetti was directed to keep all trucking activity on site and off of Ship Yard Lane. The proposed northern most entry to the subdivision runs into a large street on Ship Yard Lane. The Planning Board has been notified for there con~nents. Mr. Dragonetti was diredted not to do any work within the Town R.O.W. along Ship Yard Lane. A construction/sales Trailer has been delivered to the site. It has been placed on the North East corner of the site. DEPARTMENT OF PLANNING C~JNTY OF SUFFOLK PATRICK G, HALPIN SUFFOLK COUNTY EXECUTIVE ARTHUR H, KUNZ DIRECTOR OF PLANNING September 6, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Preliminary Map of Summit Estates Southwesterly corner of Main Road, N.Y.S. Route 25 and Shipyard Lane, East Marion, New York. T.P.I.N. 1000-35-8-5.3 Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on September 5, 1990, reviewed the proposed subdivision plat, entitled, "Preliminary Map of Summit Estates" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following ten conditions deemed necessary for good planning and land use. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board. Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lot No. 3, this lot shall be made subject to a covenant that will prohibit its future subdivision. ¸3. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of Lot 3 and the Park and Recreation Area to facilitate turns at the corner and to enhance the streetscape. Ail stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site and shall not flow out onto Main Road (State Road 25) or into the state recharge basin. No residential structure or other major structure shall be located within 100 feet of the mean high water line on Gardiner's Bay. Page -2- 6. No sanitary disposal facility shall be constructed or installed within I00 feet of the mean high water line on Gardiner's Bay. No stormwater runoff shall be discharged directly into Gardiner's Bay in any manner. The following requirements shall be taken to insure that the "open space areas" shown on this map will remain as open space excluded from future development. a) A homeowners' association shall be formed, if one does not already exist, to manage all "Open Space areas". b) Assessment of the "Open Space areas" shall be based upon these areas being open space and/or recreational areas. Such areas should be given a "zero" assessment and the assessment records prepared both for the Open Space areas and all the affected properties within the subdivision show that the value of the areas is "reflected" on the tax rolls by adding the proportionate share of the value of the common property to the value of the remaining properties in the subdivision. c) The "Open Space areas" shall not be subdivided in the future or used for commercial purposes. d) The homeowners' association shall not use the "Open Space areas" as collateral for improvements within the subdivision. e) The homeowners' association shall meet all requirements and regulations of the State Attorney General's office. (Refer to 13 N.Y.S.R.R. Parts 20, 21, and 22, issued by the New York State Department of Law). f) These requirements are necessary not only to protect the taxpayers of the Town of Southold but to prevent the county from having to acquire the property as the result of failure of the homeowners' association to pay the taxes on the "Open Space areas" and put these areas up for sale at an auction of tax delinquent parcels. g) Dissolution of the homeowners' association shall be prohibited without the approval of the Town Board or Planning Board. Conditions 1, 2, 4, 5, 6 & 7, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. Page -3- These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Board or Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 10. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map for your use and consideration: 1. Provision should be made for the obtaining of a dedication of land for highway purposes on the north side of Parcel "A" to improve the alignment of the state road and at the southwest corner of Main Road and Shipyard Lane so that a short radius curve can be provided at that location. Such a curve will facilitate turning movements and help to insure that sight distance will not become obstructed. 2. A 25 foot buffer surrounding the wetland on lots number 14 & 15 should be considered to help protect the integrity of the wetlands. Parcel "D", the Park and Recreation Area, could be dedicated to the Town of Southold with an access agreement giving the homeowners access to Gardiner's Bay. File: S-SD-79-15.1 FD:mb Encl.: Map Very truly yours, Arthur H. Kunz Director of Planning Fr anner Subdivi~ionRe~O(ew Division cc: Edward Romaine, County Clerk PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938~ PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 14, 1990 SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Donna Geraght¥ Victorian Realty Corpl 110 Front Street Greenport, New York 11944 RE: Proposed subdivision for Summit Estates SCTM#1000-69-6-9.2 Dear Ms. Geraghty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, August 13, 1990. RESOLVED that the Southold Town Planning'-B~ard, acting under the State Environmental Quality Review Act, make a determination of non-significance, and grant a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938. PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York I 1971 Fax (516) 765-1823 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance August 13, 1990 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Summit Estates SCTM~: 1000-35-8-5.3 Location: SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Southwest corner of Main Road (N.Y.C. Rte. 25) and Shipyard Lane in East Marion. Yes ( ) No (X) Description of Action: Residential clustered subdivisi~_f 35 lots on 40.8223 acres. Lots are to be approxi~tel~ 30,000 in area. Page 2 Summit Estates SEQA Negative Declaration Con't. Reasons Supporting This Determination: An Environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. The New York State Department of Environmental Conservation has responded, and has no objection to the Planning Board assuming lead agency status. This agency also commented that it is possible that tidal wetland or freshwater wetland permits will be required. The subdivision has been designed with open space adjacent to Gardener's Bay and covenants and restrictions stating that the drainage pond is to be left intact in perpetuity. The Southold Board of Trustees also requested that the drainage pond be left intact in perpetuity, and that there be no lot or road drainage into the pond. The Planning Board has required that the above be included in a Declaration of Covenants and Restrictions. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 cc: Suffolk County Department of Health Suffolk County Planning Commission David Morrell, DEC Judith Terry, Town Clerk Board of Trustees Applicant August 13, 1990 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Summit Estates SCTM%: 1000-35-8-5.3 Location: Southwest corner of Main Road (N.Y.S. Rte. 25) and Shipyard Lane in East Marion. SEQR Status: Type I (X) Unlisted ( ) Conditioned Negative Declaration: Description of Action: Yes ( ) No (X) Residential clustered subdivision of 35 lots on 40.8223 acres. Lots are to be approximately 30,000 in area. 4G BOARD MEMBERS Orlowski, Jr., Chairman ,rge Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box I179 Southold, New York 11971 Fax (516) 765-1823 August 9, 1990 Frank Dowling County of Suffolk Department of Planning Veterans Memorial Highway Hauppauge, New York 11788 RE- Proposed Major Subdivision Slunmit Estates East Marion, Southold SCTM9 1000-35-8-5.3 File: S-SD-79-15.1 Dear Mr. Dowling: Enclosed please find a copy of the Environmental Assessment Form and a letter from Donna Geraghty, agent for the applicant. The area of the drainage pond/wetland has been corrected on the Environmental Assessment Form by Mrs. Geraghty. I believe the enclosed information should complete the application. Please contact this office if you require any additional information. Very truly, yours, . Bennett Orlowski, Jr. Chairman enc. 14-16-2 [2187)--7c ~ ,~ ~, , ~,,~t~h Append x A I-'l ~*~ ,' t ~ i' ~, SEQR State Environmental Quality Reviewl ~' FULL ENVIRONMENTAL ASSESSMEN~~ Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a proiect or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides obiective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 I-IPart 3 Upon review of the information recorded on this EAF [Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant ira.pact on the environment, therefore a negative declaration will be prepared. [] B. Although the proiect could have a significant..effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The. project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions SUMMIT ESTATES Name of Action Name of Lead Agency Print or fype Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency / Title of Responsible Officer z Signature of Preparer (If different from responsible off it,,. / 8 9 :~;' Date I-]15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? [Yes (~" ' Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? DYes ~No 8. What is the depth of the water table? lin feet) 9. Is site located over a primary, principal, or sole source aquifer? I-lyes l~k~lNo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? DYes [~No ' - 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? i--lYes J~]No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) DYes :[~]No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? D-IYes :~]No If yes, explain 14. Does the present site include scenic: views known to be important to the community? F3Yes :~No 15. Streams within or contiguous to project area: g]one a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (in acres) 17. Is the site served by existing public utilities? I~Yes []No a) If Yes, does sufficient capacity exist to allow connection? :[~]Yes DNo b) If Yes, will improvements be necessary to allow connection? [~Yes I~No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? DYes :~]No 19. is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 I~Yes ::~]No 20. Has the site ever been used for the disposal of solid or hazardous wastes? E~Yes ~]No B. Project Description 1. Physical dimensions and scale of project [fill in dimensions as appropriate) a. Total conti§uous acreage owned or controlled by. project sponsor 0 b. Project acreage to be developed: 4 0.8 + acres init'ially; 4 0.8 + c. Project acreage to remain undeve!oped C) acres. d. Length of prolect' in miles: [,]/A (If appropriate) e. If the prolect is an expansion, indicate percent of expansion proposed 0 . %; f. Number of off-street parking spaces existing 3 ; proposed . 75 g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential Number and type of housing units: One Family Two Family Multiple Family Initially '1 Ultimately 3 6 2 i. Dimensions(in feet) of largest proposed structure height; . width; __ length j. Linear feet of frontage along a pubtic thoroughfare project will occupy is? ~ft. acres ultimately. Condominium 3 25. Approvals Required: City, Town, Village Board I-lYes I-1No City, Town, Village Planning Board r~Yes [No City, Town Zoning Board I-lyes I-iNo City, County Health Department I~Yes ENo Other Local Agencies I--lYes I-1No Other Regional Agencies ~lYes I-1No State Agencies ~]Yes ~lNo Federal Agencies I-lyes r-INo ( Type Submittal Date C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? I-lYes ;[]No If Yes, indicate decision required: E~]zoning amendment [zoning variance [-Ispecial use permit [~]subdivision Clsite plan E]new/revision of master plan I-'Jresource management plan I-lother 2, What is the zoning cJassification(s)of the site? 1 Acre Res±dent±a/ & Hulti 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 36 One Family Dwellings & 2 Two Family Townhouses 4. What is the proposed zoning of the site? same 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning;~ same . C 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? glYes I-iN~ 7. What are the predominant land use(s) and zoning classifications within a ¼ mile radius, of proposed action? One Family Dwellings (1/4 Ac/1 Ac) Multi-Family- Business Property 8. Is the proposed action compatible with adjoining/surrounding land uses within a ¼ mile? I~Yes 9. If the proposed action is the subdivision of land, how many lots are proposed? 3'7 a. What is the minimum lot size proposed? " 1 Acre 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? l~Yes 11 Will the proposed action create a demand for any community provided services (recreation, education, police, fire protect on)? :~]Yes [No a. If yes, is existing capacity sufficient to handle projected demand? E3Yes I~No 12. Will the proposed action result in the generation of traffic significantly above present evels? E~'Yes []No a. If yes, is the existing road network adequate to handle the additional traffic? ~Yes [No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate o£ avoid them. E. Verification cert.fy that the inform~.~tion provided above is true to the ~e~_.st, of my knowledge. H~heac~n~sin~heC~as~a~A~a~andy~uareaG~e%nc~c~mp~e~e~eC~as~a~Assessmen~F~mbe~r~ uceedin, with this assessment. Responsibility of Lead Agency General Information (Read Carefully) · In completing the form the reviewer should be guided by the question: Have my responses and determinations bee, reasonable? The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simpl; asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the thresh,old o magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State ant for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriat: for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative an~ have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column I or 2) to indicate the potential size of thc impa.ct. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change{s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND I Will the proposed action result in a physical change to the project site? E~/,N O []YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. ' Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than 1 year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e.. rock or soil) per year. · Construction or expansion of a sanitary landfill. · Construction in a designated floodway. · Other impacts l~oi~-e 2. Will there be an effect t:....~y un.que or unusual land forms found on the site? lie., cliffs, dunes, geologic,31 formations, etc.)[~NO ' Specific land forms: None :;~: 6 I 2 Can 3 Small to Potential Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] C'lyes I--INo [] [] []Yes I-]No L-'] [] E]Yes E~No [] [] []Yes [=]No [] [] E~Yes I~No [] [] ~:]Yes []No [] [] [=]yes []No [] [] []Yes []No [] [] []Yes E~No [] [] []yes ~'No 2. How much natural mat~,,~l [i.e., , earth, etc.) will be removed ~rom the site? 0 tons/cubic yar.ds, 3. Will disturbed areas be reclaimed? f-lYes [-1No []N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? OYes I-INo c. Will upper subsoil be stockpiled for reclamation? ~]Yes E3No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? [Yes J~]No 6. If single phase project: Anticipated period of construction N/A 7. If multi~phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? [-]Yes [~No 9. 10. months, (including demolition). 11. month year, (including demolition). month . year. I-lyes ENo Number of jobs generated: during construction ; after project is complete Number of jobs eliminated by this project 0 Will project require relocation of any projects or facilities? I-lYes ~]No If yes, explain 12. Is surface liquid waste disposal involved? I--lYes a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? []Yes ~No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain [=]Yes ~:3No N/A N/A 15. 16. Is project or any portion of project located in a 100 year flood plain? []Yes Will the project generate solid waste? []Yes [~No a. If yes, what is the amoun~t per month tons b. If yes, wilt an existing solid waste facility be used? [Yes I-1No c. If yes, give name ; location d. Will any wastes not 80 into a sewage disposal system or into a sanitary landfill? e. If Yes, explain ~3No i:]Yes []No 17. Will the project involve the disposal of solid waste? I-lyes [No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? I~Yes [~No 19. Will project routinely produce odors (more than one hour per day)? E3Yes 20. Will project produce operating noise exceeding the local .ambient noise leve[s? 21. Will project result in an increase in energy use? ~Yes [No If yes , indicate type(s) Electricity 22. If water supply is from wells, indicate pumping capacity N/A 23. Total anticipated water usage per day N/A gallons/day. 24. Does project involve Local, State or Federal funding? l-lyes If Yes, explain :~No [:]Yes ~No gallons/minute. :~No Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant elf= on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consider as part of the application for approval and may be subject to further verification and public review. Provide any additJo, information you believe will be needed to complete Parts 2 and 3. ' It is expected that completion of the full FAF will be dependent on information currently available ancLwjl~ not invol new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spec each instance. NAME OF ACTION Summit Estates LOCATION OF ACTION (Include Street Address, Municipality and Count;/) Shipyard Lane, East Marion, Suffolk County, New York NAME OF APPLICANT/,~[i~.~r Realty Corp. BUSINESS TELEPHONE (718)392-6858 ADDRESS 13-07 37th Avenue CITY/PO Long Island City, IN.y.STATE I lll01ZIPCOOE BUSINESS TELEPHONE ( ) NAME OF OWNER (If different) ADDRESS CITY/PO STATE ZIP cODE DESCRIPTION OF ACTION 37 Lot subdivision Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and .u.ndeveloped areas, 1. Present land use: f-lUrban ~]lndustrial [~Forest E]Agriculture 2. Total acreage of project area: 40.82+ acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasturb, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) . ~ acres 'acres .~ ~.j:~. acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres * Roads, buildings and other paved surfaces i. 0 acres 1.0 acres Other (indicate type) Residential/Multi 39.62 acres 33.62 acres 3. What is predominant soil type(s) on project site? a. Soil drainage: :[~Well drained 85 % of s. ite [~Poorly drained % of site f-lCommercial rqOther I~Residential (suburban) f-IRural (non-fart E~Moderately well drained 15 ,o of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through4of-: ',~ Land Classification System?' acres. (See I NYCRR 370). 4. Are there hedrock outcroppings on project site? I-lYes [~No ~' a. What is depth to bedrock? (in feet) * Roads: 3.37 Ac glds: Est @ 3000 sq. ft. x 37 =2.54Ac:, Misc. ~?riveways et 2 = l+Ac REALTOR VICTORIAN REALTY co P. ~A Full Service Real Estate" July 17, 1990 Southold Town PlanningBoard 53095 Main Road Southold, New York 11971 RE: Proposed Major Subdivision for Summit Estates SCTM~ 1000-35-8-53 Dear Mellissa: This will confirm our conversation with reference to the above mentioned sub-division. Please note that the C&R°s for Lot ~3 will read that this lot will be no further sub-divided. That the area which is stated in the application as wetland is 0.6 in size and will not be disturbed. That the ditch in question has no purpose what so ever. Only that the owner was teaching his son to use a back hoe. Please feel free to contact me if I can be of further assistance. Very Truly, Broker/President ~10 Front Street · Greenport, NY 11944 · (516) 477-2730 Mushroom Meadows · Main Road, P.O. Box 601 · Aquebogue, NY 1193~ · (516) 722-3100- Fax (516)722-3224 C VICTOl om,. July 17, 1990 Southold Town Plannir~ Board 53095 Main Road Southold, New York 11.971 SCTH# 1000-35-8-53 Proposed Ha~or Sub~ivieion for R~mtt Estates Dear This will confirm our conversstion with reference mentioned sub-divisiom Please note that the C~/~s for that this lot will be no further sub-divided. ~o the above Lot #3 will re~:i That the area which is stated in the application aS Wetland is 0.6 in size and will not be disturbed. That the ditch in question has no purpose what sol ever. Only that the owner was teachin, g his son to use a beck hoe. PleaSe feel free to contact me if I can be of further assistance. ' Very Truly, Broker/~ eident 110 Front Street · Greenport, Ny 11644 · (516) 477-2730 Mmhroom Meadows · Main Road, P.O. Box 601 · Aqueb~gue, NY 11931 · (516) 722~1100 ~ Fax (616) 722-3224 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE (516) 360-5207 ARTHUR H. KUN! DIRECTOR OF PLANNING July 30, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Dear Mr. Orlowski: Preliminar~ X Final Plat Name: Map of Summit Estate (Preliminary) Location: Southwesterly corner of Main Road, N.Y.S. Rte. 25 and Shipyard Lane, East Marion. Please be advised that pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code, the above referral will not be reviewed by the Suffolk County Planning Commission because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin #9 of the Suffolk County Planning Commission. The staff has checked the above referenced referral and find that additional information is required. A copy of the E.A.F./information relative to the drainage pond. Very truly yours, Arthur H. Kunz Director of Planning S/s Frank Dowlin~, Sr. Planner Subdivision Review Division File: S-SD-79-15.1 FD:mb NOTE: Please consult Suffolk County Department No. 9 for complete referral requirements. PLANNING BOARD tPiMBI:R$ Bennett Orlowaki, Jr Chairman Oeorge Ritehi~ LA lam, Jr. Richard 0. Mark S. McD~ laid Kenneth L. Ed' ~rd~, T¢l,'phone (516) 7 $-1938 PLANNING BOARD OFFICE TOWN OF SOUTF/OLD Bennet~ Orlowaki, J~, Chairman Southo[d Town Planning Board P.O.Bo~ 1179 Southo[d, New York 11971 SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Dear It exceed Nc office P1 underta Southol( Facsimi2 · Orlowski, Jr., SCTM NO. S.B. File No. is estimated that the cost of reviewing the above-noted ;ion as per your letter of ~OL~I~ 19~. should no: L oo ' work in excess of that amount wall be undertaken by this ~nless so authorized by the Planning, Board in writing. ~ase no=ify this office in writing if you wis~ us to :e the review· Town Planning Board Number: 765~1823 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ¥°% Io ,19qO SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Suffolk County Planning Commission H. Lee Dennison Executive Office Building -12th Floor Veterans Memorial Highway Bauppauge, NY 11788 ATT: Charles G. Lind, Chief Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Beard hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of ~m~ ,~ ~'S~6~ Hamlet/Locality S.C.D.P.W. Topo No.: Zoning ~'~O S.C. Tax Map No.: IOOO - ~ - Major Sub. / Minor Sub. Site Plan Preliminary Plat (3 copies) /~ Road Profiles (1) Drainage Plans (1)~ Topographical Map (1) Site Plan (1) Grading Plan (1) Cluster Other Materials (specify and give number of copies) Waiver of Subdivision Requirements - See attached sheet CONTINUED REFERRAL CRITERIA: SEQRA STATUS: 1. The project is an (Unlisted) ~ (~e II)Action. 2. A (Negative Declaration) (Positive Declaration) (Determ. of Non-Significance) has been adopted by the Planning Board. 3. E.I.S. statement enclosed. (Yes) 4. The proposed division has received approval from the S.C. Dept of Health. (Yes) We request acknowledgement of receipt of this referral (Yes) ~ Referral received 19 by Suffolk County Planning Commiss~n and assigned File NO. Very truly yours, Bennett Orlowski, Jr. Chairman Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 Robert W. Brown Sidney B. Bowne & Son 45 Manor Road Smithtown, New York 11787 I0 , Dear Mr. Brown The Southold Town Planning Board hereby refers the following application to your office for review. Application Name: Tax Map No.: IoOD- Bowne File No.: Hamlet Location: Type of Application: Sketch Subdivision Map (Dated / / ) Preliminary Subdivision Map (Dated 6 / ~/ ~O) Final Subdivision Map (Dated / / ) Road Profiles (Dated ~ / 2~ / 90 Grading and Drainage Plans (Dated ~ /z% Other (Dated / ~o Sketch Site Plan Preliminary Site Plan (Dated / (Dated / Grading and Drainage Plans (Dated / / Other (Dated / / Please develop an estimate of what it will cost to under/~ake the followin~ review of the enclosed plan (s): ©/ Enter the cost estimate on the enclosed reply sheet, then send its facsimile to this office. If the Planning Board wishes you to proceed with the review, it will send a facsimile of a purchase order authorizing the work to be done.'. The actual purchase order will be sent through the mail. If there are any questions, please contact Planning Staff. Very Truly Yours, Bennett Orlowski, Jr. Chairman cc: Ray Jacobs, Highway Department PLANNING BOARD MEMBERS Bennett Orlowsk~, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Bennett Orlowski, Jr., Chairman Southold Town Planning Board P.O.Box 1179 Southold, New York 11971 Dear Mr. Orlowski, Jr., Re: SCTM No. S.B. File No. It is estimated that the cost of reviewing the above-noted application as per your letter of 19 should not exceeds · No work in excess of that amount will be undertaken by this office unless so authorized by the Planning. Board in writing. Please notify this office in writing if you wish us to undertake the review. Very Truly Yours, Southold Town Planning Board Facsimile Number: 765-1823 Robert W. Brown SUBMISSIO~ WITHOUT COVER LETTER SUBJECT: PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York I 1971 Fax (516) 765-1823 June 11, 1990 Donna Geraghty Victorian Realty Corp. 110 Front Street Greenport, New York 11944 Proposed Subdivision for Summit Estates SCTM# 1000-35-8-5.3 Dear Mrs. Geraghty: In confirmation of your conversations of late April with Melissa Spiro, the Planning Board is requiring the following for the above mentioned subdivision: The area of land adjacent to Gardiners Bay, which is currently shown as open space for the cluster subdivision, is to be shown as land for park and playground purposes. e The area of Lot #3 is to be decreased so that the area of the open space for the subdivision, excluding the land for park and playground purposes, is equal in area to the land that was excluded from the lot areas by the cluster design. The above mentioned revisions must be included in your preliminary submission. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. Chairman Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 April 25, 1990 Donna Geraghty Victorian Realty Corp. 110 Front Street Greenport, New York 11944 RE: Proposed Subdivision for Summit Estates SCTM# 1000-35-8-5.3 Dear Mrs. Geraghty: Enclosed is the Trustees report dated April 18, 1990 regarding the above mentioned subdivision. The maps dated January 19, 1990 show the drainage pond located on Lot 15. The upland area of Lot 15 must be at least 30,000 square feet in area. The area of the upland and the area of the drainage pond must be shown on the preliminary maps. As per the Trustees request, a covenant and restriction must be provided stating that the drainage pond is to be left intact in perpetuity. In addition, there is to be no lot or road drainage into the pond. As stated previously, it is likely that upon submission of the preliminary maps and upon completion of the Suffolk County Planning Commission review, the Planning Board will be requiring additional covenants and restrictions. For that reason, a draft Declaration of Covenants and Restrictions should be submitted after the Planning Board has reviewed the preliminary maps and the Suffolk County Planning Commission report. enc. cc: Very truly yourse ~ Bennett Orlowski, Jr. Chairman John M. Bredemeyer, III President, Board of Trustees TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Alber~ J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main R P.O. Box 1179 Southold, New York 119 Fax (516) 765-1823 Telephone (516) 765-18~ TO: Planning Board FROM: Board of Town Trustees RE: Summit Estates DATE: April 18, 1990 The Trustees inspected the site on April 17, 1990 and request that the drainage pond on Lot ~15 be saved in perpetuity with a covenant and restriction, and that this pond be left intact without alteration; lot or road drainage into same. TRUSTEES ~redemeyer, III, President A Smith, Vice President ,lbert J. Krupski, Jr. tohn L. Bednoski, Jr. John B. Tuthill l'elephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: Planning Board FROM: Board of Town Trustees RE: Sun,nit Estates DATE: April 18, 1990 The Trustees inspected the site on April 17, 1990 and request that the drainage pond on Lot #15 be saved in perpetuity with a covenant and restriction, and that this pond be left intact without alteration; lot or road drainage into same. John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCO'I'F L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 23, 1990 Glenn Just J.M.O. Consulting P.O. Box 447 Quogue, NY 11959 Re: App. No. 5-11-89-35-8-5.3 Dear Mr. Just: The following action was taken by the Board of Town Trustees during its regular meeting held on March 22, 1990 regarding the above matter: WHEREAS, Glenn Jus on behalf of Peter Fakiris applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 5, 1989 and, WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a public hearing was held by the Town Trustees with respect to said application on March 22, 1990 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT RESOLVED THAT GLENN JUST ON BEHALF OF PETER FAKIRIS BE AND HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCes,:: Maintenance dredge a 90' X 100' dockin~~t MLW. Approximately 675 c.y. of spoil to be ~%~"~ the.applzcant's upland property. \~i~ ~_~ ~ TO: FILE FROM: Melissa Spiro, Planning Staff RE: Summit Estates -Firewell SCTM9 1000-35-8-5.3 DATE: April 13, 1990 I received a phone call from Ray Jacobs, speaking on behalf of the East Marion Fire District. He questioned why Summit Estates was sent for a firewell determination at the sketch plan stage, as this area will have public water. I told him that the Planning Board had not received any approvals for public water for this site. As the plan recently received sketch plan approval, and the preliminary maps had not yet been submitted, we agreed that the Planning Board would re-send the proposal to the Fire District for a determination as to the need for firewells at the preliminary stage. New York State Department of Environmental Conservation Re: LEAD AGENCY COORDINATION RESPONSE Dear ,'r) (~]'~ s~ This letter responds to your communication of /r3c.c¢:l~ )-. /~ regarding lead agency coordination for the above-noted project, under Article ~ (State En~ronmental Quality Renew - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617. The Department has the following interest in this project: DEC Permits (if any): /o~ DEC contact Person: SEQR Classification: D~] Type I [ ] Unlisted DEC Position: Based on the information provided: DEC has no objection to your agency assuming lead agency status for this action. [ ] DEC wishes to assume lead agency status for this action. [ ] DEC needs additional information in order to respond (see comments). [ ] DEC cannot be lead agency because it has no jurisdiction in this action. Comments: [ ] see attached ~ none If you do not concur with the DEC position indicated above, please contact this office to resolve designation of lead agency within the time allowable under Part 617. Please feel free to contact this office for further information or~ discussion. cc: (attach distribution list) 1; Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 April 4, 1990 Donna Geraghty Victorian Realty Corp. 110 Front Street Greenport, New York 11944 RE: Proposed Subdivision for Summit Estates SCTM# 1000-35-8-5.3 Dear Mrs. Geraghty: The Planning Board has been notified by the Board of Town Trustees that a permit has been granted to dredge a 90' X 100' docking area to 8' at MLW, and to dispose of approximately 675 c.y. of spoil on the applicant's upland property. Please show the location where the spoil is to be deposited on the grading and drainage plans when they are submitted. If you have any questions regarding the above, please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman cc: John M. Bredemeyer, III President, Board of Trustees TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Alber~ J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor : Town Hall, 53095 Main R P.O. Box 1179 Southold, New York 119 Fax (516) 765-1823 Telephone (516) 765-18( March 23, 1990 Glenn Just J.M.O. Consulting P.O. Box 447 Quogue, NY 11959 Re: App. No. 5-11-89-35-8-5.3 Dear Mr. Just: The following action was taken by the Board of Town Trustees during its regular meeting held on March 22, 1990 regarding the above matter: WHEREAS, Glenn Jus on behalf of Peter Fakiris applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 5, 1989 and, WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a public hearing was held by the Town Trustees with respect to said application on March 22, 1990 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation -submitted concerning this application, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT RESOLVED THAT GLENN JUST ON BEHALF OF PETER FAKIRIS BE AND HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANC~.~T.Q:_.7-.: Maintenance dredge a 90' X 100' docklng.area'~to~8~ oat MLW. Approximately 675 c.y. of spoil to be disposed ~n the applicant's upland property. ~,~ This permit will expire two years from the date it is signed if work has not commenced by said date. Fees must be paid, if applicable, and permit issued within six months of the date or'this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. This permit provides dockage for two boats other than those owned by said property owner. Please return to the Building Department for a determination on the need for any other permits which may be required for this project. Permit will be issued upon payment of the following fees for work to be done below Mean High Water Mark: Very tr~ul¥_~urs, ~ohn M. Bredemeyer, III President, Board of Trustees JMB: j mt cc: Bldg. Dept. Conservation Advisory Council Planning Board file Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 March 27, 1990 Donna Geraghty Victorian Realty 110 Front Street Greenport, NY 11944 RE: Major Subdivision of Summit Estates SCTM# 1000-35-8-5.3 Dear Ms. Geraghty: The following resolutions were duly adopted by the Southold Town Planning Board at a meeting held on Monday, March 26, 1990. RESOLVED that theSouthold Town Planning Board start the coordination processon this Type 1 action. The Board assumes lead agency'status and inlthat~capacity makes an initial determination of non-significance. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated January 19, 1990 with the following conditions- 1. ~ A covenant and restrictionbe placed on Lot # 3 stating that there is to be no further subdivision of this lot in perpetuity. ~2. That the area adjacent to Gardiners Bay be labeled as Open Space. Sketch plan approval is conditional upon submission of preliminary maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The preliminary submission must include road profiles and drainage plans. These maps will be forwarded-by the Planning Board to the Engineer for review. Page 2 Summit Estates Please note that upon submission of the preliminary maps, the Planning Board will refer this subdivision to the Suffolk County Planning Commission for their review. You will be notified should the Suffolk County Planning Commission require additional covenants and restrictions. For that reason, a draft Declaration of Covenants and Restrictions shquld be submitted after the Planning Board has reviewed the Suffolk County Planning Commission report. Please do not hesitate to contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE ($!6) 76~-1938 PLANNING BOARD OFFICE OF SOUTHOLD Joseph Cherepowich, Secretary East Marion Fire District P.O. Box 131 East Marion, New York 11939 · 19 Enclosed please find (2) surveys for Please notify this office as to whether any firewells are needed. Please specify whether shallow wells or electric wells will be needed. Please reply by~/~ /~ , 1990. Thank you for your cooperation. ..%Very truly ~vours~ ~/~B~hnet% 'Orlowski, Jr. ! ~ Chairman ' ~- enc. hp Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARRIS Superwisor Fax (516) 765-1823 Telephone (516) 765-1800 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposai and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: %um~{~ ~5~ Requested Action: SEQRA Classification: (~) Type I ( )Uniisted Contact Person: ~t5% ~ 5~11q,9 (516)-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead.agency. Planning Board Position: (2) This agency wishes to assume lead agency status for this action. ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments below). Comments: Please feel free to contact this office for further information. Sincerely, CC: · Board of Trustees Bui!~ing'Dc~artmcnL Southold Town Board ~Suffolk County Dept. of Health Services ~NYSDEC - Stony Brook * Maps are enclosed for your.~eview Coordinating agencies Bennett Orlowski, Jr. Chairman 14-16-2 (2/87) -- 7c State Environmental Guality ReviewL / ~UTHOLD T0~, N FULL ENVIRONMENTAL ASSESS~EN~~ Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a projec or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determin~ significance may have little or no formal knowledge of the environment or may be technically expert in environmenta analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affectin~ the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determinatio~ process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic projeo data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provide: guidance as to whether an impact is likely to be considered small to moderate Or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is id*;ntified as potentially-large, then Part 3 is used to evaluate whether or not thc impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Idenlify the Portions of EAF completed for this project: [] Part I [] Part 2 I~Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact{s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] B. Although the proiect could have a signif cant, effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared:* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions SUMMIT ESTATES Name of Action Name of Lead Agency Print or fype Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency x Signature of Preparer(if different from responsible officer) /89 ::~: Date (~. PART 1--PROJECT INFO ON Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant e on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be consi, as part of the application for approval and may be subject to further verification and public review. Provide any addit information you believe will be needed to complete Parts 2 and 3. ' It is expected that completion of the full EAF will be dependent on information currently available and will not in, new studies, research or investigation, if information requiring such additional work is unavailable, so indicate and sp each instance. NAME OF ACTION Summit Estates LOCATION OF ACTION (Include Street Addrese, Municipality and Count},) Shipyard Lane, East Marion, Suffolk County, New York NAME OF APPUCANT/,~i~I~,~[I~]~r Realty Corp. ADDRESS CITWPO 13-07 37th Avenue IBUSINESSTELEPHON~ (718) 392--6858 Long Island City, I STATE ZIPCOD£ NAME OF OWNER (if different) N. Y. 11101 I BUSINESS TELEPHONE ADDRESS ( ) CITY/PO DESCRIPTION OF ACTION 37 Lot subdivision STATE ZiP CODE Please Complete Each Question--Indicate M.A. if not applicable A. Site Description Physical setting of overall project, both developed and ~u.ndeve oped areas. 1. Present land use: r-lUrban I-Ilndustrial E]Commercial []Forest I-IAgriculture I-1Other 2. Total acreage of project area: ~ acres. APPROXIMATE ACREAGE Meadow or 8rushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25, of ECL] Water Surface Area Unvegetated (Rock. earth or fill) * Roads, buildings and other paved surf:'~ces_ Other (Indicate type) Residential/Multi 3. What ~s predominant soil type(s) on proiect site? a. Soil drainage: Il]Well drained 85 % of site i-]Poorly drained % oi; site []Residential [suburban] I-JRural (non-fa PRESENTLY AFTER COMPLETIOI, acres .- acre acres acre: .20 acres .20-' acre~ 2, . O acres 1 . 0 39.62 33.6:,' acre-~ [~Moderately well drained 15 . % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the N Land Classification System?' acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? l-lyes [~;No *-. a. What is depth to bedrock? (in feet) * Roads: 3.37 Ac Blds: Est @ 3000 sq. ft. x 37 =2.54Ac:, Misc. Driveways c 2 = i+A 1-115% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Nation: Registers of Historic Places? I~Yes [~o (~"' Is project substantially contiguous to a site listed on the Register of National Natura Landmarks? E]Yes ~]N. 8. What is the depth of the water table? ('in feet) 9. Is site located over a primary, principal, or sole source aquifer? i-lyes ~]No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? I--lYes E3~o ' - 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered I-lYes J~No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations I-lYes :l~No Describe 13, Is the project site presently used by the community or neighborhood as an open space or recreation area I--lYes ~]No If yes, explain 14. Does the present site include scenic views known to be important to the community~ I--lYes ~;1No ' 15. Streams within or contiguous to project area: g]o~e a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? []]Yes I-INn a) If Yes, does sufficient capacity exist to allow connection? :~]Yes I-INn b) If Yes, will improvements be necessary to allow connection? [~Yes [~No 113. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA Section 303 and 304? I--lYes :;~]No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article of the ECL, and 6 NYCRR 6177 [:]Yes :~3No 20.Has the site ever been used for the disposal of solid or hazardous wastes? [:]Yes C B. Project Description 1. Physical dimensions and scale of project (fiji in dimensions as appropriate) a. Total contiguous acreage owned or controlled by. project sponsor 0 b. Project acreage to be developed: 40.8+ acres initially; 40.8+ c. Project acreage to remain undeve!oped ~ acres. d. Length of project, in miles: t~/.~. {If appropriate) e. If the project is an expansion, indicate percent of expansion proposed 0 . %; f. Number of off-street parking spaces existing 3 ; proposed 75 g. Maximum vehicular trips generated per hour (upon completion of proiect)? h. If res,dential: Number and type of housing units: One Family Two Family Multiple Family Initially 1 UJtimately 36 2 i. Dimensmns (in feet) of largest proposed structure height; width; . length. j, Linear feet of frontage along a public thoroughfare prelect will occupy is? ..~ ft. 3 acres ultimately. Condominium 2. How much natural mate~.al (i.e., rock, earth, etc.) will be removed from the site? 0 tons/cubic yar.d~ 3. Will disturbed areas be reclaimed? r"lyes I"lNo []N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ~Yes ONo c. Will upper subsoil be stockpiled for reclamation? EqYes I-1No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. 5. Will an,/mature forest (over 100 years old) or other locally-important vegetation be removed by this project? C]Yes ~"lNo 9. 'Number of jobs generated: during construction 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? If single phase project: Anticipated period of construction N/A If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 c. ^pproximate completion date of final phase d. Is phase 1 functionally dependent on subsequent phases? Will blasting occur during construction? i-lyes ~No months, (including demolition). · month year, (including demolition month . year. i-lYes i-qNo ; after project is complete I~Yes ~No If yes, explain 12. Is surface liquid waste disposal involved? , I-lYes ::l~No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? OYes x~]No Type 14. Will surface area of an existing water body increase or decrease by proposal? Expl'ain E3Yes :~[~No N/A 15. 16. Is project or any portion of project located in a 100 year flood plain? OYes Will the project generate solid waste? E]Yes [~No a. If yes, what is the amoun't per month tons b. tf yes, will an existing solid waste facility be used? I-lyes ONo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain xC]No OYes L'qNo N/A 17. Will the project involve the disposal of solid waste? E]Yes E3No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? . years. 18. Will project use herbicides or pesticides? OYes [~:No 19. Will project routinely produce odors (more than one hour per day)? E]Yes :~]No 20. Will prolect produce operating noise exceeding the local .ambient noise levels? E}Yes 21. Will project result in an increase in energy use? ]~]Yes I'qNo If yes , indicate type(s) Electric±ty 22. if water supply is from wells, indicate pumping capacity N/A gallons/minute. 23. Total anticipated water usage per day N/A gallons/day. 24. Does proiect involve Local, State or Federal funding? ~Yes ~No If Yes, explain 4 [~No 25. Approvals Required: City, Town, Village Board [2lYes I~No City, Town, Village Planning Board I--lYes DNo City, Town Zoning Board EYes ENo City, County Health Department I-lYes I-INo Other Local Agencies EYes ENo Other Regional Agencies D--lYes ENo State Agencies []Yes ENo Federal Agencies IqYes f-INo C. Zoning and Planning Information Type Submittal Date 1. Does proposed action involve a planning or zoning decision? [Yes ~]No If Yes, indicate decision required: I-Izoning amendment I-Izoning variance Especial use permit r-lsubdivision I-~site plan [2]new/revision of master p/an i-lresource management plan []-]other 2. What is the zoning classification(s)of the site? 1 Acre Residential & Multi 3, What is the maximum potential development of the site if developed as permitted by the present zoning? 36 One Family Dwellings & 2 Two Family Townhouses 4. What is the proposed zoning of the site? .same 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? same 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? E~Yes [2]; 7. What are the predominant land use(s) and zoning classifications within a ¼ mile radius of proposed action? One Family Dwellings (1/4 Ac/1 Ac) Multi-Family- Business Property 8. Is the proposed action compatible with adjoining/surrounding land uses within a Y, mile? []Yes 9. If the proposed action is the subdivision of land, how many Jots are proposed? .37 a, What is the minimum lot size proposed? " 1 Acre 10. Will proposed action require any authorization(s) for the formation of sewer or water districts~ []Yes ~]r 11. Will the proposed action create a demand for any community provided services (recreation, education, po/il fire protection)? J~] Yes [No a. If yes, is existing capacity sufficient to handle projected demand? E3Yes ENo 12. Will the proposed action result in the generation of traffic significantly above present levels? [2~fes EN a. If yes, is the existing road network adequate to handle the additional traffic? ~Yes ENo D. Informational Details Attach any additional intormation as may be needed to clarify your project. If there are or may be any adver. impacts associated with your proposal, please discuss such impacts anti the measures which you propose to mitigate avoid them. ' E. Verification certlty that the mi~o~m..~on provided above ~s,true to the best of my knowledge. II is in Coaslal A~a, and you are a~te~ncy, complete the Coastal Assessment Form beiore ,,oc;edin wilh Ibis assessment. 5 Responsibility of Lead Agency General Information (Read Carefully) · In completing the form the reviewer should be guided by the question: Have my responses and determinations be reasonable? The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significan Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 sm, asks that it be looked at further. · · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the thresh.old magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State a for most situations. Rut, for any specific project or site other examples and/or lower thresholds may be approprL for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will var;: Therefore, the examples are illustrative a have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each questi, · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of t impa,ct. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but thresho is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART e. If a potentially large impact checked in column '2 can be mitigated by change(s) in the project to a small to modera impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. TF must be explained in Part 3. IMPACT ON LAND 1. Will the proposed action result in a physical change to the project site? [~NO ~]YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parkin8 area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than I year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. · Construction or expansion of a sanitary landfill. · Construction tn a designated floodway. · Other ~mpacts NOD_e 2 Will there be an effect t~. --.W ur.que or unusual land forms found on the site? (ie., cliffs, dunes, geological formations, etc.)~]NO c~lYES · Specific land forms: Norze :"~ I 2 3 Small to Potential Can Impact B Moderate Large Mitigated By Impact Impact Project Chang [] [] E3 Y.es E3Nc [] [] [~Yes [~Nc L-'] [] []Yes []No [] [] f-lYes I--]No [] [] []Yes []No [] [] [=]Yes F-INo [] [] E2¥es l:3No [] [] []Yes E3No [] [] []Yes rqNo [] [] E:]¥es l:3No 6 IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 2.5 of the Environmental Conservation Law, ECL) r~YES Examples that would apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. I 2 3 Small to Potential Can Imp; Moderate Large Mitigate impact Impact Project C [] [] II"lYes [] [] ~]Yes [] [] I-lYes [] [] F1Yes [] [] [~]Yes [] [] F-lYes [] [] i-)Yes [] [] I-lYes [] [] F-')Yes [] [] F-)Yes [] [] F-lyes [] [] F-lyes [] [] [] [] I-lYes [] [] [:]Yes [] [] [:]Yes [] [] I-'lYes [] I~ [:]Yes I B' Chain r-lN E3N I-)N. F-iN, I--)N, ~N, I--)N, F-1N, F1N, L-iN, r-IN. r-iN. F'lNc F-)No · Other impacts: None 4. Will proposed action affect any non-protected existing or new body of water.~ :~] N O ClYES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water Or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: None 5. Will Proposed Action affect surface or ground, water quality or quantity[' IR1NO EYES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires ~vater supply from wells with greater than 45 gallons per minute pumping capaotF. · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater, · Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cause siltation or other discharge into an existing body of wa[er [o the exte;~t that there will be an obvious visual contrast to natural conditions. · Proposed ^ction will require the storage of petroleum or 'chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing_,, waste treatment and/or storage facilities. · Other tmpacts: NoD. e ~' 6 Will proposed action ~lter drainage flow or patterns, or surface _ k_ water runoff~ ]~NO" I~YES Examples that would bi)ply to column 2 · Propbsed ^ction would change flood water flows 7 · Proposed Action may cause substantial erosion. · Proposed Action is incompatible with existing drainage patterns· · Proposed Action wi~ allow development in a designated floodway. · Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality.~ i~NO ~lyES Examples that would apply to column 2 · · Proposed Action will induce 1,000 or more vehicle trips in any given hour. · Proposed Action will result in the incineration of more than I ton of refuse per hour. ' Emission fate of total contaminants will exceed $ lbs. per hour or a heat source producing more than 10 million BTU's per hour. · Proposed action will allow an increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: NOD. e IMPACT ON'PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species~ ~NO i-lYES . Examples that'would apply to column 2 · Reduction of one or more species listed on the New York or Federal list. using the site, Over or near site or found on the site. ' Removal of any portion of a critical or significant wildlife habitat. ' Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. ' Other impacts:.. None Will Proposed Action substantially affect non-threatened or non-endangered species~ :~NO []YES Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important w-'geta tion. IMPACT ON AGRICULTURAL LAND RESOURCES Will tile Proposed Action affect agricultural land resources? [~O [YES Examples that would apply to column 2 fhe Proposed action would sever, cross or limit access to agricultural ~and (includes crop and. hayfields, pasture, vir~eyard, orchard, etc.) Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change I-lYes I-]No ~--JYes J-]No f-lYes I--/No I~Yes I'-lNo ~]Yes- I-INo ~-lYes I']No I-lYes i'-INo I-lYes [~]No [-]Yes C-iNo [-]Yes [~]No L--/Yes L-'INo ~Yes [~]No [~Yes [~Yes ~No ~Yes [-~No ~Yes [~Yes ~]No C L~ · Construction activity would excavate or compact the soil profile of agricultural land. · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. · The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: None IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? [~NO I'-IyES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to co(umn 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: None IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. WiJJ Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? :~NO DYES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. · Any impact to an archaeological site or fossil bed [oc.ated within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts:_ None _L IMPACT ON OPEN SPACE AND RECREATION 13 Will Proposed Action a[fect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 B~NO DYES ' The permanent foreclosure of a future recreational opportunity. · A malor reduction of an open space important to the community, · Other ~mpacts: Norle 9 I 2 3 Small to Potential Can Impact B: Moderate Large Mitigated By Impact Impact Project Chang; [] [] i--lYes I--]No [] [] F-lYes E]No [] [] i'-~Yes f-INo [] [] i-lYes E]No [] [] I-lYes [Z]No [] [] nyes. E~No [] [] E]Yes EgNo [] [] E]Yes E]No [] [] E]Yes [E]No [] [] E]Yes EgNo [] [] E]Yes E]No [] [] E]Yes~ E]No [] [] ~Yes E]No [] [] EgYes El. No [] [] E]¥es EgNo IMPA ON TRANSPORTATION I 2 '3 Small to Potential Impact Be 14. Will there be an effect to existing transportation systems~ Moderate Large By Examples that would a~ply to column 2 [~No ~]YE5 Impact Impact Project Change · Alteration of present patterns of movement of people and/or goods. [] [] i-lyes []No · Proposed Action will result in major traffic problems. · Other impacts: ~ None [] [] []Yes []No ~ [] [] []Yes []No IMPACT ON ENERGY 1.5. Will proposed action affect the COmmunity's Sources of fuel or energy supply.~ -- Examples that would apply to column 2 I~NO i-lYES · Proposed Action will cause a greater than 5% increase in the use of [] any form of energy in the municipality. · Proposed Action will require the creation or extension of transmission or supply system to serve more an energy [] than 50 single or two family residences or to serve a major commercial or industrial use. · Other impacts: ~ [] []Yes []No [] []Yes []No [] []Yes []No NOISE AND ODOR IMPACTS 16. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action.~ Examples that would apply to column 2 IR'INO [-]YES · Blasting within 1,500 feet of a hospital, school or other sensitive [] [] []Yes []No facility. · Odors will occur routinely (more than bne hour per day). [] [] []Yes []No · Proposed Action will produce operating noise exceeding the local [] [] [~]Yes []No ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a [] [] [~Yes []No noise screen. ' Other impacts:. None ~ ~ [] [] []Yes []No IMPACT ON PUBLIC HEALTH 7. Will Proposed Action affect public health and safety? Examples that would apply to column 2 ~NO ~YES Proposed Action may cause a risk of explosion or release of hazardous substances li.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic iow level discharge or emission. Proposed Action may result in the burial of "hazardous wastes" in any I'orm (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of /iquified natural gas or other flammable liquids. Proposed action may result in the excavahon or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. Oilier impacts: .._~None []Yes []No []Yes []No [~]Yes []N, []Yes []NO / []Yes IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the exist ng community? [~NO J-lYES Examples that would apply to column 2 · The permanent population of the city, town or village in which the proiect is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services will increase by more than'5% per year as a result of this project. Proposed action will conflict with officially adopted plans or goals. Proposed action will cause a change in the density of land use. "' Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment. · Other impacts: None 1 2 3 Small to Potential Can Impact Moderate Large Mitigated E Impact Impact Project Char [] [] I-lyes [-~ [] [] r-lyes [] [] I'-~Yes [] [] ~¥es [] [] ~¥es ~ ~ ~Yes ~ ~ ~Yes 19. is there, or is there likely to be, public controversy related to potential adverse environmental impacts? [~NO ~]YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 _L Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may b mitigated. Inslructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impacL 2. Describe(if applicable) how the impact could be mitigated or reduced to a small to moderate impact by pro ect change(sl 3. Based on the information available, decide if it is reasonable to conclude that this impact is importanL To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact ° · Its irreversibility, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of the impact · Its potential divergence i~rom local needs and goals · ~,Vhether known objections to the project relate to this mlpact. (Continue on attachmentsJ 11 IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? ~NO []YES Examples that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. 1 2 Can 3 Small to Potential Impact E Moderate Large Mitigated B! Impact Impact Project Chan! [] [] [~]Yes i--IN [] [] [~Yes [~N, [] [] f-lYes [-'IN, [] [] []Yes r-In, [] [] []yes I'-I~, [] [] I-lyes [] [] f-lYes r-'/N~ [] []. []yes [] [] E]yes · The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. · Proposed action will conflict with officially adopted plans or goals. · Proposed action will cause a change in the density of land use. · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future proiects. · Proposed Action will create or eliminate employment. · Other impacts: None 19 Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? [~NO [YES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact{s) is considered to be potentially large, even if the impact(s) may b~ mitigated. Inslructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s) 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact ' · Its irreversibility, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of tile impact · Its potential divergence from local needs and goals · Whether known obiections to the project relate to this impact. (Continue on attachmentsJ 11 Real Estate' Januar~ 23, 1990 $outhotd To~n Hall P.O. Box ~79 Southol& N.Y. 11971 Her: Pro~o~ed Subdivision for Sl~ait F~tse ~C.T~# 1000 - 35 - 8 - 5.3 In reepon~e to. ~yo. ur letter dated De~_~r 15, I989, I e~ m~cloein~ covies of ~ ne~ Fleia ma~e aa well aa a olu~ter pla~u Please note that ~he ehu~oh ha. been taken out of t.he plans. Al~o, the 0.2 acx~e of ~etta~d~ have be~n excluded f~o~ the ~eld. The lot eiaea ha~e been ahang~cl to eho~ 30,000 sq. ft. and taken away fr~n th~ a~In ~a~ Please oaLl if Ioan answer an~ fuz~ch~r questions. Vex'y truly, Broker ~'~ D~--i~,b Enoloeure 110 Front Street · Greenport, NY lr1~44 · (516) 477-2730 Main R~ad, P.O. Box 601 · Aquebo~ue, NY 11931 · (516) 722-3100. Fax (516) 722-3224 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE ($16) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 15, 1989 Donna Geraghty Victorian Realty Corp. Mushroom Meadows Main Road P.O. Box 601 Aquebogue, New York 11931 RE: Proposed subdivision for Summit Estates SCTM# 1000-35-8-5.3 Dear Mrs. Geraghty: The Planning Board reviewed the plans dated October 11, 1989 for the above mentioned subdivision. Their comments are listed below. The map shows a drainage pond. If this area is wet, it must be excluded from the yield for the parcel. The Environmental Assessment Form states that there are 0.2 acres of wetlands on the parcel. This area must be shown on the map and excluded from the yield for the parcel. The application calls for two 2-family units in the Resort Residential (RR) District. As per the Town Code Density and Minimum Lot Size Schedule for Residential Districts, the minimum lot size for a 2-family detached dwelling is 40,000 square feet in area, thus only one 2-family unit would be allowed in this area. At previous meetings, proposals for a church site were brought up. Is a church still proposed? The plan must be revised to show the following: A. Ail lots must be 30,000 square feet iii area; B. No lots are to be located along Main Road; Ce The land along the Main Road is to remain as open space; The area shown for Lot Number 12 should remain as open space; The park and recreation area is to be located by Gardiners Bay, in the area which is currently shown as Lot Number 36; The radius of the cul-de-sac is 60 feet. This should be revised to be 50 feet. In addition, the metes and bounds submitted and those shown on the map differ for the lot in the RR District. This must be clarified. Upon submission of revised maps and clarification of the above items, the Planning Board will proceed with their review of the proposal. Please contact this office if you have any questions regarding the above. Bennett Orlowski, Jr. ~ Chairman ms Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 30, 1989 Susan Ackerman ~fS Dept. of Environmental Conservation Bldg. 40 SUN~, Pun 219 Stony Brook, New York 11794 Dear Ms. Ackerman: RE: Application for Peter Fakiris c/o Gusmar Realty Shipyard Lane, East Marion SCTM# 1000-35-8-5.3 Q The Planning Board is currently reviewing a major subdivision proposal for the above mentioned parcel. At this time the Board has not started the Lead Agency Coordination process or granted any approvals on the subdivision. It is the Planning Board's understanding that the proposal before your agency is for the dredging necessary for an individual boat of approximately sixty to seventy feet in length. It is also understood that the location where the spoil is to be deposited has not been defined. Please advise if you have any additional information regarding the above. BENNETT ORLOWSKI, JR. CHAIRM3~N CC: Michael Infurna, US Army Corps of Engineers Frank Kujawski, President Trustees Board Ruth Oliva, Councilwoman GUSMAR REALTY CORP. '1:~.07 $7'rH AVENUE LONG ISLAND CITY, N.Y. 11101 (718) ~2-~8~q8 Town of Southhold Main Road Southhold, New York April 5, 1989 Attn.: Valerie Scopaz Re: "Summit Estates', Sub-Division Shipyard Lane East Marion, New York Dear Ms. Scopaz: Please be advised that Donna Geraghty is authorized to act as our representative in the above captioned action. If you require any additional information, please do not hesitate to call. daniel F. Dra~netti mr flEALTOR® VICTORIAN REALTY co e. "A Full Service Real Estate" March 30, 1989 Valerie Scopaz Southold Town Planninq Board 53C95 Main Road Southold, NY 11971 Re: Summit Estates Shipyard Lane, East Mairion, NY' 1000-35-8-8.3 Dear Ms. Scopaz: I am enclosing an application along with 12 maps and a copy of the deed for the above-referenced property. I can be reached at 516;-722-3100 during business hours. need further questions answered, please telephone me, Thank you in advance for your courtesy and cooperation. If you Very truly yours, Donna J. Geraghty ~ "3 Lic. R.E. Broker DJG/caz cc: File Encl 110 Front Street · Greenport · New York 11944 · (516) 477-2730 ,'ushroom Meadows · Main Road ° RO. Box 601 ° Aquebogue, N.Y. 11931 · (516) 722-3100 ~ F~l~ ~erv~e Re~It~~ We are =ransmi=~ing .. p~ges:(inctudlng 2his cover you &id no~ receive all =he iage$iplease call fax number is (516) 727-3707, (516) II WI~STMAIN.$'q'I~Ez'-T,, ~IV" ERHF-.AO, hty I 901 e~'pl~ON~.:($161369.8515,,~,~X:[$16j727.~70;, PROTECTIVE COVENANTS SUMMIT ESTATES Page 9 10. 11. 12. AND RES~ RICT~ONS The 9,wide strip oflland parallel to Main. Road(N.Y.- State rte. 25), as ~hown on the final subdivision map is to be of !ere~ for dedication to New York and is ~o be k, pt ~vailable for dedication in perpetuzty, by the ~omeowners Association for futu~ highway purpos,. The dock, and ~ny ~ture expansion of such, shall remain for the ,xcl,~sive private use and enjoyment tge.owner of tie lO~ ~hown on the preliminary ~~/ division map f~:r S~lt Estates as Lot~N~-J~such lot being appr¢~imately 191,000 square fe~ area. The dock, and ~ny ~uture expansion of suich, canno_ be conveyed se],ara~ely from Lot No<~bz permission of ~ he S~ut~old Town Planing Board after a public heari]:g, ~nd if such conveyance shall be allowed, it sh{ll be to the owner(s) of *:he park an~ recreation are~ on~. The declarant ,Iran, s the continuing right in perpetuity to 'he ~own.of Southold or any of its designated rep~'esegtat~ves to inspect any areas designated as open ~pace, common areas or any similar area described ~y a'different nomenclature, so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to and to insur~ t~ provisions hav.~ not Declarant gran;s tk to the Town of Sou~ represen~tives to , restrictions o] th~ at such covenants, tem,s and been violated. e continuing right in perpetuity hold or any of its designated nforce the conditions and covenants as they relate to the open space, co~onarea or any similar area described by ~ different nomenclature, and to taxa any legal action ~ deems mecessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon d~cla~ant, their hears, executors, legal representatives, distributees, successors, assigns and tr~nsfarees. CONTINSED ~N PAGE 10 · ~,~ENDYmeT NO. 3. To the Offering Plan of :DRAFT' BUMMIT ESTATES HOME OW~ ASSOCIATION, Shipyard Lane East Marion Southold, New York Dated: May 12, 1992 The Offering Plan accepted for filing December 11,:~ 1991, is hereby amended as follows: ROADIFAY DEDICATION The Paragraph entitled "Roadways, at page 9 of the Offering Plan, is amended to the extent that the offer of dedication of the roadways to the Town of Southold includes all drainage facilities and basins as well as the recharge basin. II. ESCROW AND TRUST FUND PROVIBION~ The disclosure contained in this Amendment replaces and supersedes the former Section of the Plan dealing with the placing of downpayments in escrow. As of April 27, 1992, all dowpayments being held in escrow will be placed in or transferred to an account in conformity with the disclosure contained in this Amendment. The Sponsor will comply with the escrow and trust fund requirements of General Business Law Sections 352-e(2-b) and 352-h and the Attorney Generalts regulations promulgated pursuant thereto. Any provision of any contract or agreement, whether oral or in writing, by which a purchaser purports to waive or indemnify any obligation of the escrow agent holding trust funds is absolutely void. The provisions of the Attorney General~s regulations concerning escrow/trust funds shall prevail over any conflicting or inconsistent provision in the Offering Plan or in a Purchase Agreement. Purchasers shall not be obligated to pay any legal or other expense of the Sponsor in connection with the establishment, maintenance or defense of obligations arising from the handling or disposition of trust funds. All deposits, downpayments, or advances made by purchasers prior to closing of each individual transaction, whether received before or after the date of cons~mation of the Plan, will be placed, within five (5) business days after the Agreement is signed by all necessary parties, in a segregated special escrow account of Richard F. Lark, Esq., the Escrow Agent, whose address is Main Road, Cutchogue, New York, and whose telephone n~m~er is (516) 734-6807. The signatory on this account authorized to withdraw funds is: Richard F. Lark, Esq., with an address at Main Road, Cutchogue, New York. The name of the account is #Richard F. Lark, Esq. IOLA - S~nit Estates Escrow Account", located in The Suffolk County National Bank, Main Road, Cutchogue, New York. This bank is covered by federal bank deposit insurance to a maximum of $100,000 per individual deposit. The account will be an Interest-On-Attorney-Account ("IOLA"). Pursuant to Judiciary Law, Section 497, all interest earned in the IOLA account will be paid to the State of New York. All instruments shall be made payable to or endorsed to the order of Richard F. Lark, Esq., as escrow agent. Within ten (10) business days after tender of the deposit submitted with the Purchase Agreement, the escrow agent will notify the purchaser that such funds have been deposited into the escrow account and will provide the account number. If the purchaser does not receive notice of such deposit within fifteen (15) business days after tender of the deposit, the purchaser may cancel the purchase and rescind so long as the right to rescind is exercised within ninety (90) days after tender of the deposit. Rescission may not be afforded where proof satisfactory to the Attorney General is submitted establishingthat the escrowed funds were timely deposited and requisite notice was timely mailed to the purchaser in conformity with the Attorney Generalts regulations. Since all contracts are contingent upon the Plants becoming effective, under no circumstances shall Sponsor apply for release of the escrowed funds of a defaulting purchaser until after consummation of the Plan. The escrow agent will hold funds in escrow until otherwise directed in: (ii) a writing signed by both Sponsor and purchaeer~ or a determination of the Attorney General pursuant to the dispute resolution procedures contained in the Attorney General~s regulations~ or (iii) a judgment or order of a court of competent jurisdictions. If there is no written agreement between the parties to release the escrowed funds, the escrow agent will.not paythe funds to the Sponsor until the escrow agent has given the purchaser written notice of not fewer than ten (10) business days. Thereafter, the funds may be paid to the Sponsor unless the purchaser has already made application to the Department of Law pursuant to the dispute resolution provisions of the Attorney General regulations and has so notified the escrow agent in accordance with such provisions. The Sponsor will not object to the release of the escrowed funds to: a purchaser who timely rescinds in accordance with an offer or rescission contained in the Plan or an Amendment to the Plan~ (ii) all purchasers after an Amendment abandoning the Plan is accepted for filing by the Department of Law. Purchasers, and the escrow agent may apply to the Attorney General in the event of a dispute for a determination on the disposition of the downpayment and any interest thereon. The Sponsor must avail itself of this procedure if there is a dispute which needs to be resolved. A form for this purpose is attached as Exhibit "A# to this Amendment. The party applying for a determination must send all other parties a copy of the application. Pendingthe determination of the Attorney General to grant or deny the application, the Sponsor, the purchaser, and the escrow agent shall abide by any interim directive issued by the Attorney General. Attached to this Amendment as Exhibit -BN is a copy of the Escrow Agreement which incorporates the terms of the Attorney General~s regulations. The escrow agent will maintain all records concerning the escrow account for seven (7) years afterthe release of funds. III. TOWN OF SOUTHOLDAPPROV~r.~ The Town of Southold, as part of the subdivision approval process, has directed that a Declaration of Protective Covenants and Restrictions be recorded in the Suffolk County Clerk's Office before the Map of S~mmit Estates is filed. This Declaration will contain among other things, the following= Common Area Parcels A, B, C and D shall remain in their natural state and/or be landscaped. Maintenance of the natural vegetat£on and/or landscape shallbethe only use or activity allowed, other than passive recreation. e The drainage pond located on Lots 14 and 15 of the final subdivision map, is to be left intact in perpetuity, and there is to be no lot or road drainage into such pond. Th~s area shall not be filled or regraded. The 9t wide strip of land parallel to Main Road (N.Y. State Route 25), as shown on the final subdivision map, is to be offered for dedication to New York State by the Home Owners Association for future highway purposes. Other than as set forth above, there are no material changes which may require an Amendment to the Offering Plan. GUSM~RRF~LTY CORP. Sponsor APPLICATION TO THE ATTORNEY GENERAL FOR A DETEI~INATION ON THE DJ SPOSITION OF DOWNPAYMENTS [Send this application to the reviewing attorney assigned to the subject plan.] Address of Building or Name of Project File Number: Application is made to the Attorney General to consider and determine the disposition of down payments held pursuant to GBL Sections 352-e(2-b) and 352-h. The following information is submitted in support of this application: Name of April'S'Ant ' 2. Address of AppliCant Name, Address, and Telephone Number of Applicant's Attorney (if any) This is an application for return of downpayment. forfeiture of downpayment. other: 5. The project is [ ] a conversion of occupied premises. [ ] newly constructed or rehabilitated. [ ] vacant (as is). EXHIBIT "A" ~/6/92 - 2 The project is structured as [ ] a cooperative· [ ] a condominium. [ ] a homeowners association. [ ] a timeshare. [ ] other: Name and Address of Sponsor: Name and Address of Escrow Agent: I f downpayment s (a) (b) (c) (d) are maintained in an escrow account: Name of account Name and address of bank Account number (if known) Initial interest rate (if known) 10. If downpayments have been secured b~ bonds: (a) Name and address of bond issuer or surety: (b) Copy of bond included in this application. (DO NOT SEND ORIGINAL BOND.) If not included, explain: 2/6/92 11. If downpayments have been secured by a letter of credit: (a) Name and address of bank which issued the letter of credit: (b) Date of expiration of the letter of credit, if known: 12. Plan information: (a) Date of (b) Plan [] (c) If effective, the plan [ ] has closed or the Approximate date: [ ] has not closed. [ ] don't know. (d) Downpa~nnents are secured by [ ] escrow account. [ ] bonds. [ ] letter of credit. filing of plan: has been declared effective. date: has not been declared effective. first unit has Approximate closed. 13. Contract information: (a) Copy of contract and of all riders or modification letters are attached. (DO NOT SEND ORIGINALS.) (b) Date on which subscription or purchase agreement was signed: 2/6/92 - 4 - (c) Dateis) of downpayment(s): (d) Total amount of downpayment(s): (e) Names and addresses of subscribers or purchasers affected by this application: 14. State the basis for your claim. Please be as specific as possible. You may add additional sheets. Attach copies of any relevant documents. 15. I am contemporaneously sending a copy of this application to the following persons: 2/6/92 Note: You are required to mail a copy of this Application to all other affected parties. In filing this application, I understand that the Attorney General is not my private attorney, but represents the public in enforcing laws desi~ned to protect the public from unlawful business practices. I also understand that if I have any questions concerning my legal rights or responsibilities I may contact a private attorney. The above application is true and accurate to the best of my knowledge. False statements made herein are punishable as a Class A Misdemeanor under Section 175.30 and/or Section 210.45 of the Penal Law. Signature: Date: Name (Printed): Telephone: (Home) (Business) Mailin~ Address: 2/6/92 ESCROW AGREEMENT /%~EEMENT made thisl4th day of April , 1992, between GUSMAR REALTY CORP. ("SPONSOR") as Sponsor of the offering plan for Summit Estates Home Owners Association, Inc. and RICHARD F. LARK, ESQ., Main Road - P. O. Box 973, Cutchogue , New Yorl~3~"ESCROW AGENT") AS ESCROW AGENT. II'B~,~S GUSMAR REALTY CORP. of an offering plan ~xx~emm~A~/to ~emi~i~m/home owner association develop (strike , is the SPONSOR out inapplicable provisions), the premises located atM~n Road & shipyard Lane, East Marion, New York, which premises are known as "I~.~ of Sumnit Estates" (Suffolk County Tax Map NO. Dist. 1000, Sec. 35% Blk. 8, Lot 5.3) and waEREA~, RICHARD F. LARK, ESQ. , is authorized to act as an escrow agent hereunder in accordance with General Business Law ("GBL") Section 352-e(2-b) and the New York State Attorney General's ("Attorney General") regulations promulgated thereunder; and NHE~, SPONSOR desires that ESCROW AGENT act as escrow agent for deposits and payments by purchasers and subscribers, pursuant to the terms of this agreement. 1 EXHIBIT "B" NOW, T~BRBFORB, in consideration of the covenants and conditions contained herein and other good and valuable consideration, the parties hereby agree as follows: 1. ESTABLISHMENT OF THE ESCROW ACCOUNT 1.1 SPONSOR and ESCROW AGENT hereby establish an escrow account with ESCROW AGENT for the purpose of holding deposits or payments made by purchasers or subscribers. The escrow account has been opened withThe Suffolk County National Bank, (depository bank) at its branch located atMain Road, Cutchogue , New York. The account D~er is 1.2 The name of the account is #RICHARD F. LARK, ESQ. - IOLA SL~IT~STATES ESCROW ACCOUNT". 1.3 A member or members o5 the ESCROW AGENT are the sole signatories on the account, to wit: Richard F. Lark. 1.4 The escrow account shall be an account as disclosed in the offering plan thereto. interest-bearing or an amendment 1.5 The escrow account is/~ (cross out inagplicable provision) an Interest-on-Lawyer-Account (#IOLA") account established pursuant to Judiciary Law Section 497. 2. DEPOSITS INTO THE ESCROW ACCOUNT 2.1 All funds received from prospective purchasers or subscribers prior to closing, whether in the form of checks, drafts, money orders, wire transfers, or other instruments which identify the payor, account. All instruments shall be made payable to, subscriber to the order of Richard F. Lark escrow agent for S~M~iT ESTATES ~ OWNERS ASSOC~ATION, INC. Any instrument payable or endorsed other hereby, and which cannot be account, shall be returned to shall be deposited in the escrow to be deposited into the escrow or endorsed by the purchaser or offering plan. than as required deposited into such escrow the prospective purchaser or subscriber promptly, but in no event more than five (5) business days following receipt of such instrument by ESCROW AGENT. In the event of such return of funds, the instrument shall be deemed not to have been delivered to ESCROW AGENT pursuant to the terms of this Agreement. 2.2 SPONSOR shall deliver to the escrow agent all deposits submitted pursuant to a subscription or purchase agreement, within three (3) business days after tender of the depositbya prospective purchaser to the SPONSOR or any agent engaged by the SPONSOR, along with the form of tender of deposit attached hereto as Exhibit A to this Escrow Agreement, executed by the SPONSOR. 2.3 Within ten (10) business days after tender of the deposit submitted withthe subscription or purchase agreement, the ESCROW AGENT shall notify the purchaser of the deposit of such funds in the bank indicated in the offering plan or amendment thereto, provide the account number, and disclose the initial interest rate. If the purchaser does not receive notification of such deposit within fifteen (15) business days after the tender of the deposit, the purchaser may cancel the subscription or purchase agreement and rescind within ninety (90) days after tender of the deposit, or may apply to the Attorney General for relief. Rescission may not be afforded where proof satisfactory to the Attorney General is submitted establishing thatthe escrowed funds were timely deposited in accordance with the escrow regulations promulgated by the Attorney General and requisite notice was timely mailed to the subscriber or purchaser. 3.1 ESCROW AGENT shall not release the escrowed funds deposited by a defaulting purchaser until after cons-~ation 4 of the plan as defined in the Attorney General's regulations. ConsuRation of the plan shall not relieve SPONSOR of its fiduciary obligations pursuant to GBL Section 352-h. 3.2 ESCROW AGENT shall continue to hold the funds in escrow until otherwise directed in (a) a writing signed by both SPONSOR and purchaser or (b) a determination of the Attorney General or (c) a judgment or order of a court of competent jurisdiction or (d) until released pursuant to the regulations of the Attorney General pertaining to release of escrowed funds. 3.3 SPONSOR shall not object to the release of the escrowed funds to (a) a purchaser who timely rescinds in accordance with an offer of rescission contained in the plan or an amendment to the plan or (b) all purchasers after an amendment abandoning the plan is accepted for filing by the Department of Law. 3.4 If there is no written agreement between the parties to release the escrowed funds, ESCROW AGENT shall not pay the funds to SPONSOR until ESCROW AGENT has given the purchaser written notice of not fewer than ten (10) business days. Thereafter, the funds may be paid to SPONSOR unless the purchaser has made an application to the Department of Law pursuant to the dispute resolution provisions contained in the Attorney General~s regulations and has so notified ESCROW AGENT in accordancewith such provisions. 3.5 ESCROW AGENT shall disburse the purchaser,s deposit(s) escrowed underthis Escrow Agreement within twenty (20) business days after the escrowed funds are permitted to be released in accordance with this Agreement. 4.1 ESCROW AGENT shall maintain all records concerning the escrow account for seven (7) years after release of the funds. 4.2 Upon the dissolution of a law firm which was the ESCROW AGENT, the former partners or members of the firm shall make appropriate arrangements for the maintenance of these records by one of the partners or members of the firm or by the successor firm and shall notify the Department of Law of such transfer. 4.3 ESCROW AGENT shall make available to the Attorney General, upon his request, all books and records of ESCROW AGENT relating to the funds deposited and disbursed hereunder. 6 5. GENERAL OBLIGATIONS OF ESCROW AGENT 5.1 ESCROW AGENT sha11 maintain the accounts called for in this Agreement under the direct supervision and control of ESCROW AGENT. 5.2 A fiduciary relationship shall exist between ESCROW AGENT and purchasers, and ESCROW AGENT acknowledges its fiduciary obligations. 5.3 No disbursement need or will bemadebyESCROW AGENT until the deposit has actually and finally cleared ESCROW AGENT ts account. 5.4 ESCROW AGENT shall only be responsible for monies actually received and cleared, and monies earned thereon, if any. 5.5 ESCROW AGENT may act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine, may assume the validity and accuracy of any statements or assertions contained in such writing or instrument; and may assume that any person purporting to give any writing, notice, advice or instruction in connection with the provisions hereof has been duly authorized to do so. 5.6 ESCROW AGENT undertakes to perform only such duties as are expressly set forth in this Agreement and the Escrow Regulations promulgated by the New York State Attorney General's Office, end no implied duties or obligations shall be read into this Agreement against ESCROW AGENT. 6. RESPONSIBILITIES OF SPONSOR 6.1 SPONSOR agrees that SPONSOR and its agents, including any selling agents, shall within three (3) business days of receipt of all deposits and payments deliver to ESCROW AGENT all such deposits and payments received by them prior to closing of an individual transaction. 6.2 SPONSOR agrees that it shall not interfere with ESCROW AGENT's performance of its fiduciary duties and compliance with the Attorney General's regulations. 7.1 ESCROW AGENT shall not be liable for SPONSOR's failure to tender the purchasers' funds to ESCROW AGENT within three (3) business days, for any mistakes of fact or errors of judgment, or for any acts or omissions of any kind unless caused by its willful misconduct or gross negligence, and SPONSOR agrees to indemnify and hold ESCROW AGENT harmless 8 from any claims, demands, causes of action, liability, damages, judgments, including~he cost of defending any action against it together ~with any reasonable attorneys' fees incurred therewith and/or reasonable value of services rendered by ESCROW AGENTts litigation attorneys representing ESCROW AGENT Pro se, in connection with ESCROW AGENT's under~aking pursuant to the terms and conditions of this Escrow Agreement, unless such act or omission is a result of the willful misconduct or gross negligence of ESCROW AGENT. 7.2 ESCROW AGENT shall not be liable in any manner for the sufficiency or correctness as to form, manner or execution, or validity of any written instructions delivered to it, nor as to the identity, authority, or rights of any person executing the same. 7.3 The duties of ESCROW AGENT shall be limited to the safekeeping of the deposits and for disbursements of same in accordance with the written instructions described in this Agreement. 8. TERMINATION OF AGREEMENT 8.1 This Agreement shall remain in effect unless and until it is cancelled, by either: 9 (a) Written notice given by SPONSOR to ESCROW AGENT of cancellation of designation of ESCROW AGENT to act in said capacity, which cancellation shall take effect only upon the filing of an amendment with the Department of Law providing for a successor ESCROW AGENT; or (b) The resignation of ESCROW AGENT upon giving notice to SPONSOR of its desire to so resign, which resignation shall take effect only upon the filing of an amendment with the Department of Law providing for a successor ESCROW AGENT~ or (c) All shares or units offered pursuant to the plan have been sold and all sales transactions have been cons~nated. (d) ESCROW AGENT shall have no responsibility to verify qualifications of any successor escrow agent. 8.2 Upon termination of the duties of ESCROW AGENT as described in Paragraph 8.1 above, ESCROW AGENT shall deliver any and all funds held by it in escrow and any and all contracts or documents maintained by ESCROW AGENT to the new escrow agent designated in the duly filed amendment related thereto. 10 8.3 Upon delivery of all funds held by the ESCROW AGENT to the new escrow agent pursuant to 8.2 supra, this Agreement shall be terminated and the ESCROW AGENT shall be released from all liability hereunder. 8.4 Upon ESCROW AGENT disbursing the deposit of an individual purchaser in accordance withthe provisions of this Agreement, the escrow obligation~s shall terminate as regards said purchaserts deposit, and ESCROW AGENT shall thereafter be released of all liability in connection with said purchaser. 9.1 In the event of a good faith disagreement about the interpretation of this Agreement, or about the rights and obligations, or the propriety, of any action contemplated by ESCROW AGENT hereunder, ESCROW AGENT may, at its sole discretion, retain purchasers~s deposits and payments in escrow and apply to the Attorney General for a determination on the disposition of the down payment or file an action and deposit any applicable funds in court to resolve said disagreement. ESCROW AGENT shall be indemnified by SPONSOR for all costs, including reasonable attorneyst fees or reasonable value of services rendered by ESCROW 'AGENT's litigation attorneys representing ESCROW AGENT Dro se, in 11 connection with the aforesaid action. No such action shall be filed where the ESCROW AGENT's required course of action is clearly dictated within this Agreement. 10. SUCCESSORS AND ASSIGNS 10.1 This Agreement shall be binding upon SPONSOR and ESCROW AGENT and their successors and assigns. 11.1 This Agreement shall be construed in accordance with and governed by the laws of the State of New York. 12. ESCROW AGENT'S COMPENSATION 12.1 SPONSOR agrees that ESCROW AGENT's compensation, if any, shall not be paid from escrowed principal nor from any interest accruing thereon and that compensation to ESCROW AGENT, if any, shall not be deducted from escrowed funds by any financial institution under any circumstance. 13.1 If any provision of this Agreement or the application thereof to any person or circumstance is 12 determined to be invalid or unenforceable, the remaining provisions of this Agreement or the application of such provision to other persons or to other circumstances shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. 14.1 This Agreement, read together with GBL Section 352-e(2-B) and the Attorney General's regulations, constitutes the entire agreement between the parties with respect to the subject matter hereof. 15.1 Any notice required to be. given or given hereunder shall be given by depositing such notice in a post-paid wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within New York State, or by Express Mail, Federal Express or similar overnight courier, facsimile transmission, messenger service (withproper receipt therefor), addressed to the party at the address hereinabove set forth with a copy of any such notice by regular mail to the attorney for such pary as follows: IF TO ESCROW AGENT: RICHARD F. LARK, EsQ. Main Road - P. O. Box 973 Cutchogue, New York 11935 13 IF TO SPONSOR= GUSMAR REALTY CORP. 13-07 37th Avenue Long Island City, New ~ork 11101 Any notice may be given by the attorney for a party and shall have the same force as if given by the party. Either party may, by notice, change the address at whichnotices are to be given hereunder. 16. CAPTIONS AND HEADINGS 16.1 The captions and headings used in this Agreement are intended for convenience and reference only and shall not imply or convey any additional meanings tothe contents of the respective provisions. IN NITN~88 NH~REOF, the undersigned have executed this Agreement as of the day and year first written above. TENDER OF ESCROW DEPOSIT Date: Tender of Deposit of $ , for Unit located at · New York. Purchaser(s) named below has/have tendered on 19 , the above escrow deposit to Sponsor/Selling deposit for the above Unit. Purchaser(s) at Agent as a Address of Purchaser(s) Phone number of Purchaser(s): Home: Business: Social Security Nl,mher(s) or Tax Identification Number(s) of Purchaser(s) The SPONSOR/SELLING AGENT of the above named property hereby acknowledges receipt of the above escrow deposit. Date of Receipt: By: Title of Position EXHIBIT PROTECTIVE DECLARATION OF COVENANTS A~D RESTRICTIONS SUMMIT ESTATES EAST MARION SOU'[HOLD '[OWN PLANNING BOARD ,,. DECLARATION made this ~ day of J~,, 1992, b~ G~SMA~ REALT~ CORP., a domestic corporation having its principal place o~ business at 13-07 37th Avenue, Long Island City, New York 11101, hereinafter called the Declarant· WHEREAS, the Declarant of Covenants and Restrictions will be filed before the map of Summit Estates is filed in the office of the County Clerk. WHEREAS, the Declarant is the owner in fee simple of the following described premises: ALL that certain plot, piece or parcel of land in the Town of Southold, County of Suffolk, State of New York, known and designated as Lot Nos. 1 through 35 and the open space parcels (Parcels A,B, and C) and the park and recreation area (Parcel D) on a certain map entitled "Map of SuaLmit Estates at East Marion, Town of Southold, Suffolk County, N.Y." filed in the office of the Clerk of the County of Suffolk on the day of , as Map No. WHEREAS, the Declarant desires to make this Declaration setting forth reservations, restrictions, covenants, conditions and agreements, subject to which the property shown on said map is now held and shall be sold and conveyed. NOW, THEREFORE, the aforedescribed premises shall be subject to the following covenants and restrictions which shall run with the land: No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board: Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lot No. 33, Lot No.33 shall be made subject to a covenant that will prohibit its future subdivision. The fence which extends into park and recreation Parcel D is to be removed, as are the structures which are shown in that area. Ail stormwater runoff resulting from the development and improvements of this subdivision or any of its lots shall be retained on the site and shall not flow out onto Main Road (State Roa~'25) or into the State recharge basin. Summit Estates Covenants and Restrictions Page 2 No sanitary disposal facility shall be constructed or installed within 100 feet of the mean high water line on Gardiner's Bay. No stormwater runoff shall be discharged directly into Gardiner's Bay in any manner. The following terms shall apply to the Open Space parcels A, B and C. a) These areas shall be owned by the Homeowners Association for Summit Estates. b) These areas shall remain in their natural state. Maintenance of the natural vegetation shall be the only use or activity allowed, other than passive recreation. Any use of this area for parking or for any vehicular access to the Park and Recreation area shall be subject to Planning Board approval. c) No structure or building shall be placed within these areas. The terms "structure" and "building" shall be interpreted as including, but not limited to, swimming pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated animals; the storage of boats, trailers, recreational vehicles; and the placement of fences. The following terms shall apply to the Park and Recreation parcel D. a) This area shall be owned by the Homeowners Association for Summit Estates. b) These areas shall remain in their natural state. Maintenance of the natural vegetation shall be the only use or activity allowed, other than passive recreation. c) Any building, structure or parking to be located on parcel D, shall be subject to Southold Town Planning Board approval. Any building, structure or parking allowed by the Planning Board shall be located to the northerly side of a line connecting the following two points: 250' north of Gardiners Bay on the easterly property line of the Summit Estates Covenants and Restrictions Page 3 ~ Park and Recreation area, and 310' north of Gardiners Bay on the westerly property line of the Park and Recreation area, as indicated on the subdivision map for Summit Estates. The drainage pond located on Lots 14 and 15 of the final subdivision map, is to be left intact in perpetuity, and there is to be no lot or road drainage into such pond. This area shall not be filled or regraded. 10. 11. 12. The 9' wide strip of land parallel to Main Road (N.Y. State Rte. 25), as shown on the final subdivision map is to be offered for dedication to New York State, and is to be kept available for dedication in perpetuity, by the Homeowners Association for future highway purposes. The dock, and any future expansion of such, cannot be conveyed separately from Lot No. 33 except by permission of the Southold Town Planning Board after a public hearing, and if such conveyance shall be allowed, it shall be to the owner(s) of the park and recreation area only. The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas or any similar area described by a different nomenclature, so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants as they relate to the open space, common area or any similar area described by a different nomenclature, and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. 9age 4 ' ,.Summit Estates Covenants and Restrictions 13. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. GUSMAR REALTY CORP. STATE OF NEW YORK: : SS. COUNTY OF SUFFOLK: On this ~71~ day of~!~ , 199%~ before me personally came~~t~, to me known, wn~, being by me duly sworn, did depose and say that he resides at ~-I~ ~$~ ,z~/~;¢~ that he is the ~AN-.of GUSMAR REALTY CORP., the corporation d&scrzbed in, and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that was so affixed by order of the board of directors of' said corporation, and that he signed his name thereto by like order. ~/No ~a ~ Public~ OEC.T.,..-'U T"rO T J, LJJ,j,J AU6 1992 ,i'AU6 .4 1992 PROTECTIVE COVENA/~TS A~rD RESTRICTI~i - ~ SUMMIT ESTATES EAST MARION DECLARATION made this.~ day of.J~ , 1992, by GUS~fAi{ R~L'~_v CORP., a domestic corporation havinq its pr<nciua! place of business at 13-07 37th Avenue, Lonq Is!a~d City, ~ew Tork !!!01, hereiaafter called the Declarant. Whh.~EAS, the Declarant of Covenants a~d Restrictions will be filed before the mad of S,~t Estates is filed ia the office of the County Clerk. W~REAS, the Declarant is the owner {m fee simple of the fol!owinq described premises: ALL that certain plot, piece, or parcel ofland in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: Lane side PARCEL I BEGINNING at the intersection of the westerly side of Shipyard and the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING thence from said point of beginning along the westerly (1) South 37 deg. 45 min. .~) South 37 deg. 06 min. now or formerly Gusmar Realty Corp. of Shipyard Lane the following two (2) 52 sec. 12 sec. courses and distances: East 833.33 feet, East 9.98 feet to land RUNNING thence along land now or f~rmerly Gusmar Realty Corp. the following thirteen (13) courses and distances{ (1) South 52 deg. 53 min. 48 sec. (2) South 37 deg. 06 min. 12 sec. (3) South 52 deg. 14 mi~. 08 sec. (4) South 69 deg. 05 min. 45 sec. (5) South 54 deg. 15 min. 38 sec. (6) South 35 deg. 44 min. 22 sec. West 200.00 fee~, East 63.84 feet, West 201.23 feet, Weet 90.15 feet, West 161.50 feet, East 45.00 feet, CONTINUED ON PAGE 2 PROTECTIVE COVENANTS SUMMIT ESTATES Page 2 AND RESTRICTIONS a distance (9) a distance of 35.58 feet, (10) South 06 deg. (11) South 76 deg. (12) South 20 deg. (13)~ South 55 deg. (7) on a curve to the left having a radius of 120.32 feet of 166.66 feet, (8) South 25 deg. 06 min. 12 sec. East 50.00 feet, on a curve to the right having a radius of 170.32 feet 23 min. 29 sec. East 115.00 feet, 22 min. 24 sec. East 118.03 feet, 18 min. 14 sec. West 27 min. 28 sec. West now or formerly John and Marguerita Tam Aexel; 173.64 feet, 160.97 feet to land RUNNING thence North 34 deg. 32 min. 32 sec. West along land now or formerly John and Marguerita Tam Aexel and along land now"or formerly Otto and June Schoenstein 185.38 feet to land now or formerly Gusmar Realty Corp. ' RUNNING thence along land now or formerly Gusmar Realty Corp. the following seven (7) courses and distances: (1) (2) (3) a distance of (4) (5) North 55 deg. 27 min. 28' sec. East 200.18 feet, North 06 deg. 23 min. 29 sec. West 127.40 feet, on a curve to the right having a radius of 170.32 feet 180.30 feet, North 35 deg.' 44 min. 22 sec. West 404.01 feet, on a curve 'to the left having a radius of 40.00 feet a distance of 34.53 feet, CONTINUED ON PAGE 3 PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Page 3 (6) on a curve to the right having a radius of a distance of 213.52 feet, (7) North 28 deg. 41 min. 56 sec. East 102.09 feet to now or formerly New York State Department of Public Works; RUNNING thence along land now or formerly New York State Department of Public Works the following'five (5) courses and 60.00 feet land distances: (1) South 33 deg. 35 min. 38 sec. East 90.04 feet, (2) North 56 deg. 24 min. 22 sec. East 300.00 feet, (3) North 33 deg. 35 min. 38 sec. West 300.00 feet, (4) South 56 deg. 24 min. 22 sec. West 265.00 feet, (5) North 33 deg. 35 min. 38 sec. West 201.82 feet to the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING thence along the'southerly side of Main Road Rte. 25) the following two (1) North 63 deg. (2) North 56 deg. westerly side of (2) courses and distances: 43 min. 48 sec. East 17.09 feet, 30 min. 58 sec. East 430.2I feet to the Shipyard Lane and the point or place of BEGINNING. PARCEL II BEGINNING at a point on the southerly side of Main Road (N.Y.S. Rte. 25) said point being situate the following two (2) courses and distances, as measured along the southerly side of Main Road (N.Y.S. Rte. 25) from the intersection of the southerly side of Main Road (N.Y.S. Rte. 25) and the westerly side of Shipyard Lane: CONTINUED ON PAGE 4 PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Page 4 · (1) South 56 deg. 30 min. 58 sec. (2) South 63 deg. 43 'min. 48-sec. min · West 430.21 feet, West 52.38 feet~ RUNNING thence from said point of beginning South 33 deg. 35 38 sec. East along land now or formerly New York State Department of Public Works 282.06 feet to land now or formerly Gusmar Realty Corp..; RUNNING thence South 54 deg. 15 min. 38 sec. West along land now or formerly Gusmar Realty Corp 346.24 feet to land now or formerly Larry D. and Allison C. Bouts; RUNNING thence North 35 deg. 44 min. 22 sec. West along land now'or formerly Larry D. and Allison C. Bouts and along land now or formerly Antonios G. and caliope Katsimatides 402.50 feet to the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING thence along the southerly side of Main Road (N.Y.S. Rte. 25). the following three (3) course~ and distances: (1) North 78 deg. 34 min. 48 sec. East "93.75 fee~, (2) North 76 deg. 32 min. 48 sec. East 221.37 feet, (3) North 63 deg. 43 min. 48 se'c. East 62.85 feet to land now or formerly New York State Department of Public Works and the point or place of BEGINNING- PARCEL III BEGINNING at the northeasterly corner of the parcel'ab°ut to be described said point being situate the following five (5) courses and distances from the intersection of the westerly side of Shipyard Lane and the southerly side of Main Road (N.Y.S. Rte. 25): CONTINUED ON PAGE 5 PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Page 5 (1) South 37 deg. 45 min. 52 sec. East along the westerly side of shipyard Lane 833.33 feet to a point, (2) South 37 deg. 06 min. 12 sec. East still along the westerly side of shipyard Lane 702.48 feet to land now or formerly Gusmar Realty Corp. and the southerly terminus of the arc of a curve connecting.the westerly side of Shipyard Lane and the southerly ~ide of a 50 foot wide Easement for ingress and egress for this Parcel III of "Map of Summit Estates, Section 1", (3) on a curve to the left, connecting the westerly side of shipyard Lane and the southerly, side of the aforementioned Easement, having a radius of 40.00 feet a distance of 62.83 feet to the westerly terminus of the arc of curve connecting the westerly side of shipyard Lane and the southerly side of the aforementioned Easement,~ (4) South 52 deg. 53 min. 48 sec. West along the Southerly side of the aforementioned Easement 248.00 feet to a point, (5) on a curve to the left having a radius of 810.00 feet still along the southerly side of the aforementioned Easement.a distance of 4.62 feet; RUNNING thence from said point of beginning South 36 deg. §l min. 12 sec. East along land now or formerly Gusmar Realty Corp. and land now or formerly Parkside Heights Co. 806.96 feet to land now or formerly Parkside Heights Co.; RUNNING thence along land now or formerly Parkside Heights Co. and along, land now or formerly Cleaves Point Condominium the following two (2) courses and distances: CONTINUED ON PAGE 6 PROTECTIVE COVENANTS SUMMIT ESTATES Page 6 AND RESTRICTIONS (1) South 54 deg. 06 min. 18 sec. West 206.72 feet~ (2) South l0 deg. 39 min. 48 sec. West 540.89 feet to the highwater mark of Gardiners Bay; RUNNING thence North 88 deg. 30 min. 49 sec. West along the highw~ter mark of Gardiners Bay 97.34 feet to land now or formerly Crescent Beach Condominium; RUNNING thence along land now or formerly Crescent Beach Condominium and along land now or formerly Gusmar Realty Corp. the following three (3) courses and distances: (1) North 10 deg. 39 min. 48 sec. East 513.12 feet, ~ (2) North 54 deg. 06 min. 18 sec. East 203.55 feet, (3) North 36 deg. 51 min. 12 sec. West 758.07 feet to the southerly side of the aforementioned 50 foot wide Easement; RUNNING thence on a curve to the right having a radius of 8f0.00 feet along the southerly side of the aforementioned Easement a distance of 100.~2 feet to the point or place of BEGINNING. TOGETHER with a 50 foot wide eaSement, for ingress and egress for this Parcel III "Map of Summit Estates, Section 1". Also known and designated as Lots No. 1 through 35, and the open space parcels (Parcels A, B, and C), and the Park and Recreation area (Parcel D) on a certain map entitled "Map of Summit Estates at East Marion, Town of Southold, Suffolk County, N.Y.", filed in the Office of the Clerk of the County of Suffolk on the day of as Map No. CONTINUED ON PAGE 7 PR©TECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Page 7 W~REAS, the Declarant desires to make this D~!aration setting fo~h reservations, restrictions, covenants, conditions and agre~_~ents, subject to which the proper~y show~l on said map is now held and shell be sold and conveyed. NOW, THEREFORE, the aforedescrf_bed premises ~hall be subject to the following covenants and restrictions which shall flu1 with the land: 1. No lot she!! be subdivided or its lot lines changed in any manner at any future date unless authorizedz by the Town cf Southold P!a~q Board: Due to the ~4mum .lot area req?~{r~ment of.the zoning classification of this prope~y b~inq considerably less than the area of Lot No. 33, Lot ~o.33 shall be made s=bject to a covenant that will prohibit its future subdivision. The fence which ex~ends into park and recreation Parcel D is to be removed, as are the structures~ which are shown in that area. All sto~mwatar runoff resulting from the development and improvements of this subdivision or any of its lots shall be retaiaed on the' si%e and' shall not flow cut onto Main Road (Stats Roa~'25) or into the State recharge basin. No san{tary disposal facility shall be constructed or installed within 1~0 feet of the mean high water~ line on Gardiner's Bay. No stormwater runoff shall be discharged directly · into Gardiner's Bay in any m~er. The following terms shall apply to the Open Space parcels A, B and C. a) These areas shall be owned by the Homeowners Association for Sunu~it Estates. CONTINUED ON PAGE 8 PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Page 8 b) These areas shall remain in their natural state. Maintenance of the natural vegetation shall be the only use or activity allowed, other than passive recreation. Any use of this area for parking or for a~y vehicular access to the Park and Recreation area shall be su3oject to Planning Board approval. c) No structure or building shall be placed within these areas. The terms "structure" and"building,, shall be interpreted as including, but not limited to, sw4m~g pools; patios; garages; sheds and other storage buildings; structures for the housing of domesticated ~ma!s; the storage of boats, trailers, recreational vehicles; and the placement of fences. The following terms shall apply to the Park and Recreation parcel D. a) This area shall be owned by the Homeowners Association for S,~m~t Estates. b) These areas shall remain in their natural state. Maintenance of the natural vegetation shall be the only use or activity allowed, other than passive recreation, i c) Any building, structure or parking to be located on parcel D, shall be subject to'Southold Tow~ P!~ng Board approval. Any building, structure or parking allowed by the Pl~n~g Board shall be located to the northerly side of a line connecting the following two points: 250' north of Gardeners Bay on the easterly property line of the Park and Recreation area, and 310' north of Gardiners Bay on the westerly property line of the Park and Recreation area, as indicated on the subdivision map for S,~t Estates· The drainage pond located on Lots 14 and IB of the final subdivision map, is to be left intact in perpetuity, a~d there is to be ~o ion or road drainage into such pond. This a~rea shall no~ be filled or re~raded. CONTINUED ON PAGE 9 PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Page 9 t0. The 9' wide strip of land parallel to Main Road (N.Y. State Rte. 25), as shown on the final subdivision map is to be offered for dedication to New York State, a~d is to be kept available for dedication in perpetuity, by the Homeowners Association for future highway puL-poses. The dock, and any futur~ expansion of such, c~nnot be conveyed separately from Lot No. 33 'except by permission of the.Southold Town P!~n~nq Board after a public hearing, and if such conveyance shall be allowed, it shall be to the owner(s) of the pajr~k and recreation area only. The declarant grants the continuing right in perpetuity to the Tow~ of Southold or any of its designated representatives to inspect a~y areas designated as open space, common areas or any simi!ararea described by a different nomenclature, so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same a~d to insure that such covenants, terms and provisions have not been violated. Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce th~ conditions and re~trictions of the covenants as they relate to the open space, common area or any similar area described by a different nomenclature, and to take any legal action it deam~ necessal-~_ to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be bindluq upon declarant, their heirs, executors, legal representatives, distributees, successors, assigns and transferees. CONTINUED ON PAGE 10 Page 10 " Summit Estates Covenants and Restrictions 13. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners Shall be entitled to notice of such public hearing but their consent to such modificati0n shall not be required. IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the day and year first above written. GUSMAR REALTY CORP. By: 7 STATE OF NEW YORK: : ss. COUNTY OF SUFFOLK: On this I~ day of~[~ , 19~, before me personal.ly came ~%~F~ to me k~..own, w~o, being by me duly sworn, d.ld depose and say that he resides at ~7,A ~4% L~e. ~m~. ~h.a.t h,e .is the ~v. of GUSMAR REALTY CORP., the corporation =es=riDe= in, and which executed the foregoing instrument; that he knows the seal of said corporatio, n; that the seal affixed to said instrument is such corporate seal; that was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. , , ,; ........ ~/N6~ary p,,~Wic -- ',j_ ' ,,, DECLA~ATION OF PROTECTIVE COVENANTS ~ RESTRICTIONS SUMMIT ESTATES EAST MARION u~., a eomes~ic corporation having its principal place of business at 13-07 37th Avenue, Lomg Island City, ~ew York 11101, hereinafter called the Declarant. W~i~REAS, t~e Declarant of Covenants and Restrictions will be filed before the map of S,,~t Estates is filed in the office of the County Clerk; W~:REAS, the Declarant is the owner in fee simple of the following described premises: ALL that certain plot, piece or parcel of land in the Town of Southold, County of Suffolk, State of New York, District 1000, Section 35, Block 8, Lot 5.3, bounded and described as follows: PARCEL I BEGINNING at the intersection of the westerly side of Shipyard Lane and the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING thence from said point of beginning along the westerly side of Shipyard Lane the following two (2) (1) South 37 deg. 45 min. 52 sec. (2) South 37 deg. 06 min. 12 sec. now or formerly Gusmar Realty Corp. RUNNING thence along land now or f~rmerly Gusmar Realty Corp. the following thirteen (13) courses and distances: (1) South 52 deg. (2) South 37 deg. (3) South 52 deg. (4) South 69 deg. (5) South 54 deg. (6) South 35 deg. 53 mln. 06 min. 14 mih. 05 min. 15 min. 44 min. courses and distances: East 833.33 feet, East 9.98 feet to land 48 sec. West 200.00 fee~, 12 sec. East 63.84 feet, 08 sec. West 201.23 feet, 45 sec. West 90.15 feet, 38 sec. West 161.50 feet, 22 sec. East 45.00 feet, CONTINUED ON PAGE 2 AND RESTRICTIONS PROTECTIVE COVENANTS SUMMIT ESTATES Page 2 (7) a distance of (8) (9) a distance of (1o) (11) (12) (13) on a curve to the left having a radius of 120.32 feet 166.66 feet, South 25 deg. 06 min. 12 sec. East 50.00 feet, on a curve to the right having a radius of 170.32 feet 35.58 feet, South 06 deg. 23 min. South 76 deg. 22 min. South 20 deg. 18 min. South 55 deg. 27 29 sec. East 115.00 feet, 24 sec. East 118.03 feet, 14 sec. West 173.64 feet, min. 28 sec. West 160.97 feet to land now or formerly John and Marguerita Tam Aexel; RUNNING thence North 34 deg. 32 min. 32 sec. West along land now or formerly John and Marguerita Tam Aexel and along land now or formerly Otto and June Schoenstein 185.38 feet to land now or formerly Gusmar Realty Corp. RUNNING thence along land now or formerly Gusmar Realty Corp. the following seven (7) courses and distances: (1) North 55 deg. 27 min. 28 sec. East 200.18 feet, (2) North 06 deg. 23 min. 29 sec. West 127.40 feet, (3) on a curve to the right having a radius of 170.32 feet a distance of 180.30 feet, (4) North 35 deg. 44 min. 22 sec. West 404.01 feet, (5) on a curve to the left having a radius of 40.00 feet a distance of 34.53 feet, CONTINUED ON PAGE 3 PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Page 3 a distance (6) on a curve to the right having a radius of 60.00 feet of 213.52 feet, (7) North '28 deg. 41 min. 56 sec. East 102.09 feet to land now or formerly New York State Department of Public Works; RUNNING thence along land now or formerly New York State the following'five (5) courses and Department of Public Works distances: (1) South 33 deg. 35 min. 38 sec. East 90.04 feet, (2) North 56 deg. 24 min. 22 sec. East 300.00 feet, (3) North 33 deg. 35 min. 38 sec. West 300.00 feet, (4) South 56 deg. 24 min. 22 sec. West 265.00 feet, (5) North 33 deg. 35 min. 38 sec. West 201.82 feet to the southerly side of Main Road (N.Y.S. Rte. 25); RUNNING thence along the southerly side of Main Road Rte. 25) the foIlowing two (1) North 63 deg. (2) North 56 deg. westerly side of Shipyard Lane and the point or place of BEGINNING. (2) courses and distances: 43 min. 48 sec. East 17.09 feet, 30 min. 58 sec. East 430.21 feet to the CONTINUED ON PAGE 4 PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Page 4 Also known and designated as Lot Nos. 1 through 10 on a certain Map entitled "Map of Sl~mmit Estates- Section 1 at East Marion, Town of Southold, Suffolk County, N.Y.", filed in the Office of the Clerk of the County of Suffolk on the ,.~ day of J~l~ as Map No. W~REAS, the Declarant desires to make this Declaration set~/~q for~h resa~ations, restrictions, covenants, condition~and a~eeme~ts, s~ject t~ w~ch ~e pr~pe~y sho~ o~ s~d map is now held ~d skil be sold ~d conveyed.~ ~OW, T~RE~OP~E, lots ~I, 2, 3, 4, 5, 6, 7, 8, 9, 10 the aforedescribed pr~m~ses shall be subject to the following covenants and restrictions, which shall ru~ with the land: W~R~n~, the Dec!ara~t acknowledges the Vi!!age,s. commitment to s~pp!y water, results i~ the Village m~k4~q a~ allocation for such water SUDDi~ with a consequent continuing fo~e--~uenditurethe allocltion.bv the Village ~ ~/~ds to ma3~lta3_~ and provide In the event an aDDlication for water supply hook-up is not made b~ April 2%~ 1997 with respect to any lot to which this covenant applies, the lot for which no application is made shall thereafter be subject to the' Village's m~n~um water supply chaarge /nl effec~ at tha~ time. In the event the charge is not paid, the allocation provided for herein for that par~icu!ar !o~ shall be ~eeme~ CONTINUED ON PAGE 5 PROTECTIVE COVENANTS AND RESTRICTIONS SUMMIT ESTATES Page 5 abandoned and any subsequent application for water supply will require payment of the Villages up front fees with respect to that lot. GUSMAR REALTY CORP. STATE OF NEW YORK: : COUNTY OF NASSAU : ss. On this 1st day of June, 1992 before me personally came Peter Fakiris, to me known, who, being by me duly sworn, did deposes and says that he resides at 13-15 37th Ave. Long Island City, New York; that he is the President of GUSMAR REALTY CORP., the corporation described in, and which executed the foregoing instrument; that he knows the seal of said corporation; that'the seal affixed to said instrument is such corporate seal; that was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order. ~Notary Publico 2 SUMMIT ESTATES - SECTION 1 WATER SUPPLY AGREEMENT AGREEMENT, made this 24 day of April 1992 between the Village of Greenport, a municipal corporation in Suffolk County having its office and principal place of business at 236 Third Street, Greenport, New York, (hereinafter called the "VILLAGE"). and with Gusmar Realty Corp. with principal offices located at 13-15 37th Avenue, Long Island City, New York lll01, (hereinafter called "GUSMAR"). WHEREAS, GUSMAR is the owner in fee of certain real property shown on the map an ~reliminary plan entitled "Map of Summit Estates at East~ - Section 1" annexed hereto as Exhibit A and hereafter referred to as "Summit Estates - Section 1"; and WHEREAS, GUSMAR seeks to secure a public supply of water for the ten (10) residences to be constructed at Summit Estates - Section 1; and WHEREAS, the VILLAGE for the consideration and under the terms stated herein desires to supply Summit Estates - Section 1 with a public supply of water, NOW THEREFORE, in consideration of the premises and covenants contained herein it is mutually agreed as follows: FIRST: UPFRONT a. Upon th~ execution of this Agreement, Gusmar shall pay to the Village Four Thousand Seven Hundred Thirty Two ($4,732.00) Dollars per planned dwelling unit for a total of Forty Seven Thousand Three Hundred Twenty ($47,320.00) Dollars as upfront fees for the allocation by the Village to supply water for the ten residential units planned by Gusmar for Summit Estates-Section 1. The upfront fee shall be paid by bank or certified check. The upfront fee charged by the Village may be amended from time to time by the Village. Ir the event the upfront fee increases between the date ¢'f this agreement and acceptance of the dedication, as provided for at paragraph SEVENTH, Gusmar shall pay upon the acceptance an amount equal to the increase times the number of residential units to be serviced by the mains and appurtenances accepted. In the event the upfront fee increases between the date of the acceptance of dedication and an application for an individual hook-up the applicant for the hook up shall pay an amount equal to the incr~ase times the number of hook-ups being requested which shall'be paid at the time of the application for hook-up. Upfront fees received by the Village are not refundable and become the exclusive property of the Village upon receipt. Payment shall be by bank or certified check. 2 SECOND: INSTALL~%TION a) Gusmar shall provide such engineering services as may be necessary and install at its own cost and expense water mains, hydrants, fittings, valves and such other appurtenances as are necessary and as shown on Exhibit A hereinafter the "Work". The installation shall be in accordance with the rules a~d regulations of the Village Water Department and this a~reement. The placement of piping and appurtenances shall be as shown on Exhibit A. At its own cost, Gusmar shall provide all the necessary labor and materials, except for hydrants which are hereinafter provided for, to complete the installation and backfilling. All valves used in connection with the installation shall be "Mueller Valves" the size thereof to be approved in advance by the Village Superintendent of Water in writing. b) The Work ref~rred to in this agreement shall be completed within twenty-lout (24) months of final subdivision approval by the Planning Board for the Town of Southold but in no event later than thirty-six (36) months from the date of this agreement. In the event the Work is not completed in the time period set forth in this agreement, the Village may in its sole discretion grant an extension to Gusmar to complete the Work or terminate the agreement and withdraw the allocation provided for herein and the upfront fees shall be deemed abandoned to the Village. ~ THIRD: ~ a) The Village shall supply and deliver to the designated site the hydrants for installation by Gusmar pursuant to this agreement. Gusmar shall pay the cost of the hydrant and any delivery charge at the time the request for the hydrant is made to the Village. Subject to availability of hydrants from suppliers the Village shall deliver the requested hydrant or hydrants within twenty-one (21) days of receipt of the request and payment. b) Until such time as rental for such hydrant is assured and paid for by the Southold Fire District to the Village, Gu~mar will pay annually to the Village such rental for suck hydrants as is from time to time being paid by such District to the Village for other hydrants in the District. c) The work and material for the installation of the piping and the hydrants shall be in accordance with the following: (1) polyvinyl chloride pipe (AWWA spec. c-900) Class 150 or equal with push-on joints/couplings and underground metallic warning tape, or (2) cement-lined ductile iron pipe (AW-WA spec. C151-81) class 150, or equal. All pipes, joints and parts of the system to be able to stand pressure of not less than one hundred twenty (120) pounds per square inch. 4 FOURTH: ~ The installation provided for herein shall be inspected by the Village which hereby delegates its Superintendent of Water or his designee full power of inspection hereunder. Gusmar hereby grants complete freedom of access to all parts of the premises and the Work for inspection. The cost of inspections are included in the upfront fee. The Village will have an authorized inspector at the site upon reasonable.notice. Work not passed by the inspector will not be accepted by the Village. No backfilling shall be done by Gusmar, until the pipe and the Work in the trench has been approved by the inspector. FIFTH: TESTS The Village will supply without charge to Gusmar at Summit Estates-Section 1 sufficient water to make essential tests and to leave the system on final approval completely sanitary, said supply to be not less than sixty (60) pounds per rquare inch. SIXTH: EASEMENq~ a) Gusmar shall grant and convey to the Village an easement and right of way for the purpose of laying, relaying, repairing, operating and maintaining lateral water mains, both supply and actual distribution, and appurtenances, including domestic services and fire hydrants in the full length and width of the now or hereafter existing public or private streets in the premises as shown on Exhibit A. The~rights of way and easements 5 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 rights of way and easements shall be over the ilands described in Exhibit B. Gusmar shall provide a certification of title from a licensed title insurance company with respect to the real property upon which the easement is granted. b) The easements herein granted are not exclusive, and other easements in said streets may be granted by Gusmar to other persons or corporations maintaining public services throughout the development, provided the actions do not violate Suffolk County, New York State or Federal requirements and that no other mains are set within two feet internally of the water mains and no poles are set into the grourd 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 water mains, Gusmar will advise the Village in writing of the exact location of the intersuction forthwith upon installation and shall supply maps to the Village showing the exact location. Said intersections shall not be permitted without prior written consent of the Village. SEVENTH: DEDICATION a) Gusmar agrees that upon completion of the Work and approval of the Work by the Village, Gusmar shall dedicate the same to the Village. Upon completion of the installation as provided for herain in accordance with any contract made pursuant hereto, title to the mains, hydrants, valves, and fittings so installed and laid shall be deemed dedicated to the Village, and Gusmar shall in confirmation of such passage of title, execute an instrument transferring and assigning to the Village the title and certifying same free and clear of all encumbrances or liens on the mains, hydrants, valves and fittings so laid and installed, and shall procure from all persons having an interest in the land in which the mains lie a proper easement in favor of the Village for the perpetu~l maintenance, repair or replacement of said mains arld fittings, including the right to extend the mains with no reimbursement to Gusmar and to connect them with other mains to be laid by or under the supervision of the Village. The instruments so executed shall be in recordable form. b) The Village agrees that upon completion of the Work by Gusmar and approval of the Work by the Village pursuant to the terms of this agreement, and upon the conveyance of the proper' easements, all as hereinbefore provided, the Village shall accept the dedication, assignment and conveyance of the mains, valves, hydrants and fittings and maintain them thereafter and upon a proper application for hook-up, supply water pursuant to the regulations of the Village Water Department. The acceptance shall be by resolution of the Village Board of Trustees. c) Upon acceptance of Gusmar's dedication and the appropriate application for individual hook-ups, the 7 Village will supply water to the residences of Summit Estates-Section 1 at the rates and pursuant to the rules and regulations of the Village in force from time to time. EIGHTH: SERVICE LINE. FEE AND SUPPLY Upon receipt of an application or applications for hook-up with the required fees and deposit, the Village shall install o2 supervise the installation of the requested service line to the particular lot or lots that are the subject of the application with a curb stop near the property line. Curb stops shall be installed in accordance with Village spec'.ficatlons as set forth in the Water Department Rules and Regulations. The Village shall tap the main or supervise the tapping of the main, installation of a curb stop and the installation of a water meter. The tapping fee sh~ll be four hundred thirty-five ($435.00) dollars per dwell~'ng unit for the three quarter inch service, and four hundred seventy-five ($475.00) dollars per dwelling unit for the one inch service or in such other amount as is in effect at the time of application for hook-up. NINTH: MINIMUM WATER CHARGES Gusmar acknowledges the Village's commitment to supply water as provided for herein results in the Village making an allocation for such water supply with a consequent continuing exp~inditure by the Village of funds to maintain and provide for'the allocation. In the event an application for water supply hook-up is not made within five 8 years of the date of this agreement with respect to any lot which the Village has agree~ to provide water for in this agreement, the lot for whick no application is made shall thereafter be subject to the Village's minimum water supply charge in effect at that time and as thereafter amended from time to time. In the event the charge is not paid, the allocation provided for here~!.n for that particular lot shall be deemed abandoned. Gusmar agrees to record, at the County Clerk's Office for the County of Suffolk, covenants and restrictions in a form satisfactory to the Village, applicable to the lots of Sl'mmit Estates, Section 1, providing notice to any subsequent purchasers of said lots of the provisions of this paragraph. TENTH: DEC APPROVAL Gusmar shall provide for the certification by a New York State licensed Professional Engineer that the installation provided for herein contains all the water-saving fixtures and appurtenances as set forth by the New York State Department of Conservation and the Village as may be amended from time to time. Gusmar will not interconnect with the p%blic water supply for the purposes of law, garden maintenance or ground watering system. Gusmar shall execute a declaration and covenant to that effects simultaneously with the execution of this contract. 9 ELEVENTH: COMPLETE AGREEMENT This agreement contains the complete agreement between the part~.e~'~ for the construction and eventual acquisition by the Village of the mains, valves, fittings and hydrants hereinbefore described. Gusmar agrees that it will not make any claims against the Village on account of this contract, agreement and/or payment of monies required herein for the installation, mains, valves, fittings or hydrants or Wor~ and the acceptance of the terms of this agreement, notwithstanding the provisions of any general or special law to the contrary which may or may not be enacted. TWELEFTH: BENEFIT This agreement shall inure to the benefit and shall bind the respective heirs, legal representative, successors or assigns of the parties hereto. THIRTEENTH: NON-A~ SIGNABLE This agI'eement shall not be assignable by Gusmar without the consent in writing of the Village, which consent shall not be unreasonably withheld. IN WITNESS WHEREOF, the parties have executed this agreement in four (4) counterparts, all of which shall 10 constitute originals, the day and year first above written. VILLAGE OF GREy.PORT WILLIAM R. PELL, III, Mayor ; /~SMAR REALTY CORP. /~ PETER FAKIRIS, PreSident Obligations herein of GUSMAR REALTY CORP. are/~ereby personally guaranteed. R FI~KIRI S STATE OF NE.W YORK) k; ~wJ) ss: COUNTY OF ~d ~ On this y of ~% , 1992, before me personally came William R. Pell III, to me known, who being by me duly sworn, did depose and say that he resides at 236 Third Street, Greenport, New York that he is the Mayor of The Village of Greenport, the municipal corporation described in, and which executed the [bore instrument; that he knows the seal of said corporatior; that the seal affixed to said instrument is such COrlooratE seal; that it was so affixed by · order of the Board of Trustees of said corDorati~8 he signed his name thereto by like 9~r.-- -7-' -~- that MICHAEL FISHER / / ~ ' ~Ol'ARYPUBUO,$mteofNewYod~ K // )/~ ~ No. 4~-47s~-~o4 ~ (~W. l/ _ / L/ lonElY, ms (%UC... I t ~J~._ Not ~ / ary Pubtic STATE OF NEW YORK) ) SS: COUNTY OF ~T ) On this I day of ~V%~ , 1992, before me personally came, Peter Fakiris to me known, who being by me duly sworn. did depose and say that he resides at 1315 37th Avenue, Long Island City, New York that he is the President of Gusmar Realty Corp. the corporation described in, and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; tha¥ it was so affixed by order of the Board of Directors of s~ id corporation and that he signed his name thereto by iik order. ~** ~.STATE ~. · ............ 11 LONG ISI_A, ND LIGHTING COMP,,~U~IY 600 DOCTORS PATH RE) 2 · RIVERHEAD, NEW YORK 11901 Direct Dial Number: 548-7037 July 22, 1992 Victorian Realty Corp. 11 W. Main St. Riverhead, NY 11901 Summit Estates East Marion Dear Sirs: In response to your inquire dated July 16, 1992, single phase, 13.2 kV overhead electric facilities capable of providing service to this project presently exist along the south side of Shipyard La. At this time, we do not anticipate any problem providing electric service to this project from these facilities. We shall be pleased to provide electric service in accordance with our filed tariff and schedule in effect at the time service is required. We are enclosing an application for electric service for non-residential customers to be completed by you for each building under construction, and returned to this office. Upon receipt of these application forms, we shall prepare and forward to you our plans and costs, if any, applicable to this installation. As soon as a construction schedule is available, kindly forward a written notification to this office, in order to meet your present electric service date. If you have any questions or require additional information, please feel free to contact Mr. Ken Lynn whom can be reache~ on 548-7039. Arthur J. Apicello, Area Supervisor Customer Design Services AJA/djp FC-8689.4-55 LETTER OF AGREE}lENT THIS AGREENENT. made as of the 2~t?; da? 0£ July 1992 wee:~ Xe~, iork ~elephone, a coPporat Lon or~anizc, d and e~,ist the !uws of the SLate eL' New Yep[{, havin~ its pPincil,a! at !096 Avenue of hhe Amc, Picas. '{e~ York, X'~.w York and and k~-'t,~in~ its pPlneLpal offzce ~t City, N.Y. and her'eJ ~af . , z called the cumpanv. WHEREAS, New York Telephone t ill pPo~.Lde ,n,.:ePground butioh lines in eonfor'mance with the PublJ:. S,tpvice s's ion' s Phase I Rtiles for Underqrot~nd Extensi~:n:- fcz R'~sJde~:Lial Subdi',ision and WHEREAS, the company wishes to be brc',ideci ~.lth under'~Pound distribution lines on its plopertv Jh ccn[i:rmance ~(&, THEREFORE the parties herr:in mentiched ; ~ ~.:~ 'e[!e'r of \ePeement a~ree to the terms and cond4~ : FIRST, the company ~il]. pPo~ide a perfo~manc, deposit .... of' Sl 980 O0 to be furnished before t_h.z s* '~ ~:n:stPuction of teleph'_,ne facilities to ]0 istt located . Summit Estates a t East Marion SECOYD, New York Telephone wil] ::efund tn; _In~ comp'any - ~ gna ve/'ification of completed and ~ccupied [ llz,,]r~' unlts the atnotlnt Of $198 O0 pep bui!din~ ' + i' ', st · Lo,, plus THIRD, any poption of the deposi[ r'emaihln,_,' nip funded aPs from the date New York Telephone is first read[, to sePvi,.:e fr'om Lhe e~forementioned under,round ][:.[ribtltion shall be Pt~t~ined [:. Nth.,, YoPk l<,!ephone. $ l G', If D 7,]<, f:.~. T~ lephb~q4~.~ Nc, om 209 501 Pat. chogue , 516 Diane Busch]e) -North Ocean Avenue UG 992 PLAN ,G . COUNTY OF SUFFOLK ,~ SOUl DEPARTMENT OF PLANNING C.~NTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE September 6, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Re: Preliminary Map of Summit Estates Southwesterly corner of Main Road, N.Y.S. Route 25 and Shipyard Lane, East Marion, New York. T.P.I.N. 1000-35-8-5.3 Dear Mr. Orlowski: The Suffolk County Planning Commission at its regular meeting on September 5, 1990, reviewed the proposed subdivision plat, entitled, "Preliminary Map of Summit Estates" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. After due study and deliberation it resolved to approve said map subject to the following ten conditions deemed necessary for good planning and land use. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Town of Southold Planning Board. Due to the minimum lot area requirement of the zoning classification of this property being considerably less than the area of Lot No. 3, this lot shall be made subject to a covenant that will prohibit its future subdivision. A short radius curve, preferably with a radius no greater than 20 feet, shall be provided at the corner of Lot 3 and the Park and Recreation Area to facilitate turns at the corner and to enhance the streetscape. All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site and shall not flow out onto Main Road (State Road 25) or into the state recharge basin. ¸5. No residential structure or other major structure shall be located within 100 feet of the mean high water line on Gardiner's Bay. Page -2- No sanitary disposal facility shall be constructed or installed within 100 feet of the mean high water line on Gardiner's Bay. No stormwater runoff shall be discharged directly into Gardiner's Bay in any manner. The following requirements shall be taken to insure that the "open space areas" shown on this map will remain as open space excluded from future development. a) A homeowners' association shall be formed, if one does not already exist, to manage all "Open Space areas". b) Assessment of the "Open Space areas" shall be based upon these areas being open space and/or recreational areas. Such areas should be given a "zero" assessment and the assessment records prepared both for the Open Space areas and all the affected properties within the subdivision show that the value of the areas is "reflected" on the tax rolls by adding the proportionate share of the value of the common property to the value of the remaining properties in the subdivision. c) The "Open Space areas" shall not be subdivided in the future or used for commercial purposes. d) The homeowners' association shall not use the "Open Space areas" as collateral for improvements within the subdivision. e) The homeowners' association shall meet all requirements and regulations of the State Attorney General's office. (Refer to 13 N.Y.S.R.R. Parts 20, 21, and 22, issued by the New York State Department of Law). f) These requirements are necessary not only to protect the taxpayers of the Town of Southold but to prevent the county from having to acquire the property as the result of failure of the homeowners' association to pay the taxes on the "Open Space areas" and put these areas up for sale at an auction of tax delinquent parcels. g) Dissolution of the homeowners' association shall be prohibited without the approval of the Town Board or Planning Board. Conditions 1, 2, 4, 5, 6 & 7, shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. Page -3- These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Board or Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. LO. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. The Commission also offers the following comments on the map for your use and consideration: Provision should be made for the obtaining of a dedication of land for highway purposes on the north side of Parcel "A" to improve the alignment of the state road and at the southwest corner of Main Road and Shipyard Lane so that a short radius curve can be provided at that location. Such a curve will facilitate turning movements and help to insure that sight distance will not become obstructed. A 25 foot buffer surrounding the wetland on lots number 14 & 15 should be considered to help protect the integrity of the wetlands. Parcel "D", the Park and Recreation Area, could be dedicated to the Town of Southold with an access agreement giving the homeowners access to Gardiner's Bay. File: S-SD-79-15.1 FD:mb Encl.:: Map Very truly yours, Arthur H. Kurtz Director of Planning Fra6k Dowling, ~. Planner Subdivision Renew Division cc: ]~ward Romaine, County Clerk PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938~ PLANNING BOARD OFFICE TO%VN OF SOUTHOLD August 14, 1990 ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Donna Geraghty Victorian Realty Corp. 110 Front Street Greenport, New York 11944 RE: Proposed subdivision for Summit Estates SCTM#1000-69-6-9.2 Dear Ms. Geraghty: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, August 13, 1990. RESOLVED that the Southold Town Planning-Board, acting under the State Environmental Quality Review Act, make a determination of non-significance, and grant a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, Bennett Orlowski, Jr. Chairman Encl. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938. PLANNING BOARD OFFICE TOWN OF SOUTHOLD scoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance August 13, 1990 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Summit Estates SCTMg: 1000-35-8-5.3 Location: SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Description of Action: Southwest corner of Main Road (N.Y.C. Rte. 25) and Shipyard Lane in East Marion. Yes ( ) ~/ No (X) Residential clustered subdivisi~f 35 lots on 40.8223 acres. Lo ts are to be approxi~tel~ 30,000 in area. Page 2 Summit Estates SEQA Negative Declaration Con't. Reasons Supporting This Determination: An Environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. The New York State Department of Environmental Conservation has responded, and has no objection to the Planning Board assuming lead agency status. This agency also commented that it is possible that tidal wetland or freshwater wetland permits will be required. The subdivision has been designed with open space adjacent to Gardener's Bay and covenants and restrictions stating that the drainage pond is to be left intact in perpetuity. The Southold Board of Trustees also requested that the drainage pond be left intact in perpetuity, and that there be no lot or road drainage into the pond. The Planning Board has required that the above be included in a Declaration of Covenants and Restrictions. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 cc: Suffolk County Department of Health Suffolk County Planning Co~m,ission David Morrell, DEC Judith Terry, Town Clerk Board of Trustees Applicant August 13, 1990 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Summit Estates SCTM%: 1000-35-8-5.3 Location: Southwest corner of Main Road (N.Y.S. Rte. 25) and Shipyard Lane in East Marion. SEQR Status: Type I (X) Unlisted ( ) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: Residential clustered subdivision of 35 lots on 40.8223 acres. Lots are to be approximately 30,000 in area. IG BOARD MEMBERS Orlowski, Jr., Chairman ,rge Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 August 9, 1990 Frank Dowling County of Suffolk Department of Planning Veterans Memorial Highway Hauppauge, New York 11788 RE: Proposed Major Subdivision Summit Estates East Marion, Southold SCTM# 1000-35-8-5.3 File: S-SD-79-15.1 Dear Mr. Dowling: Enclosed please find a copy of the Environmental Assessment Form and a letter from Donna Geraghty, agent for the applicant. The area of the drainage pond/wetland has been corrected on the Environmental Assessment Form by Mrs. Geraghty. I believe the enclosed information should complete the application. Please contact this office if you require any additional information. very truly yours, ', /~ Chairman enc. 14-16-2 {2/87)-- 7c 617.21 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMEN ~~ Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. ' The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides obiective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is Iii(ely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part I [] Part 2 r-]Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant..effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The. project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative D(~daration is only valid for Unlisted Actions SUMMIT ESTATES Name of Action Name of Lead Agency Print or ]-ype Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency / x Title of Responsible Officer Signature of Preparer (If different from responsible off itt,. 189 :':~' ~ l Date 1 $. Approximatepercentageofpro~..:dp~ects,tewiths,opes: ~0-10% ~. e% ~10-15% % [15% or greater % 6. Is proiect substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? Il-lYes (~''. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? []Yes ]!~]No 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer~ I-lYes 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? [Yes 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? E3Yes il]No According to Identify each species 12. Are there any unique or unusual land forms on the prolect site? (i.e., cliffs, dunes, other geological formations) [Yes ~]No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? [Yes :[]No If yes, explain 14. Does the present site include scenic views known to be important to the community? I-lYes :~]No 15. Streams within or contiguous to project area: Iqo/le a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? []Yes E~No a) If Yes, does sufficient capacity exist to allow connection? ~]Yes f'tNo b) If Yes, will improvements be necessary to allow connection? ~]Yes I~No lg. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? I-lYes :J~No 19. ls the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article of the ECL, and 6 NYCRR 6177 ~lYes :~]No 20. Has the site ever been used for the disposal of solid or hazardous wastes? [Yes :[]No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by, project sponsor 0 b. Project acreage [o be developed: ~,0.8+ acres initially; 40.8+ c. Project acreage to remain undeve!oped 0 acres. d. Length of project, in miles: ~/~' (If appropriate) e. If the prolect is an expansion, indicate percent of expansion proposed 0 f. Number of off-street parking spaces existing 3 ; proposed 75 g. Maximum vehicular trips generated per hour (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family initial.iV 1 C UltimatelV 36 2 '-' i. Dimens,ons (in feet) of largest proposed structure height; _ width; . length j. Linear feet of frontage along a public thoroughfare project will occupy is? ~ft. acres. acres ultimately. Condominium City, Town, Village Board [:]Yes I-INo City, Town, Village Planning Board rqYes ~lNo City, Town Zoning Board [:]Yes I-1No City, County Health Department E3Yes I--INo Other Local Agencies rqYes I-INo Other Regional Agencies r-lyes FqNo State Agencies OYes [:]No Federal Agencies [:]Yes I-INo Type Submittal Date C. Zoning and Planning Information I. Does proposed action involve a planning or zoning decision? I-lYes ~No If Yes, indicate decision required: [::]zoning amendment I-Izoning variance i-lspecial use permit E]subdivision [:]site plan (-1new/revision of master plan f-lresource management plan I-]other 2. What is the zoning classification(s)of the site? '[ Acre Res±dent±al & Mult± 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 36 One Family Dwellings & 2 Two Family Townhouses 4. What is the proposed zoning of the site? same 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? same · 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~lYes 7. What are the predominant land use(s) and zoning classifications within a ¼ mile radius of proposed action? One Family Dwellings (1/4 AC/1 Ac) Multi-Family- Business Property 8. Is the proposed action compatible with adjoining/surrounding land uses within a ¼ mile? [~Yes 9. If the proposed action is the subdivision of land, how many lots are proposed? .37 a. What is the minimum lot size proposed? " 1 Acre 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [~]Yes 11. Will the proposed action create a demand for any community provided services (recreation, education, police fire protection)? ,Eq Yes [~No a. If yes, is existing capacity sufficient to handle projected demand? E3Yes f-INo 12. Will the proposed action result in the generation of traffic significantly above present levels? [2~Yes I~No a. If yes, is the existing road network adequate to handle the additional traffic? ~]Yes ['-1No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures wtfich you propose to mitigate o[ avoid them. E. Verification I cerUfy that the inform~jion provided above is,true to the ~e,~.st, of my knowledge. with lhif assessment. Pa(.=--PI~ECT IMPACTS AND TI-~,R MA~IITUDE Responsibility of Lead Agency General Information (Read Carefully) · In completing the form the reviewer should be guided by the question: Have my responses and determinations bee reasonable? The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simpl asks that it be looked at further, · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the thresl'~old o magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State an, for most situations, But, for any specific project or site other examples and/or lower thresholds may be appropriat for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative an, have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each questior · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of th= impa.ct. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshol, is lower than example, check cotumn 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3 e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND 1. Will the proposed action result in a physical change to the project site? [~:NO ~YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (15 faot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than 1 year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. · Construction or expansion of a sanitary landfill. · Construction in a designated floodway. · Other impacts ~i'or~e 2. Will there be an effect t:....,y un,que or unusual land forms found on the s te~ (ie., cliffs, dunes, geological formations, etc.)[]NO ~.I-1yES · Specific land forms: Norle ;": 6 I 2 3 Small to Potential Can Impact BE Moderate Large Mitigated By Impact Impact ' Project Change [] [] []Yes r-INo [] [] E]Yes []No ~ [] []Yes [-1No [] [] []Yes []No [] [] []Yes E]No [] [] []','es EgNo [] [] []Yes []-]No [] [] []','es []No [] [] []Yes []No [] [] EE]Ye~ ~'No , I 3. Will disturbed areas be rec aimed? I-lYes I'-lNo I~N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? DYes [2]No c. Will upper subsoil be stockpiled for reclamation? ~Yes I-INo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? Q acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? I-lyes J~-INo 6. If single phase project: Anticipated period of construction N/A 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase d. Is phase I functionally dependent on subsequent phases? 8. Will blasting occur during construction? I-lYes ~No 9. Number of jobs generated: during construction 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? months, (including demolition). month year, (including demolition). month year. I-lyes C1No ; after project is complete I-lYes J~No If yes, explain __ 12. Is surface liquid waste disposal involved? DYes :[~]No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [Yes x[]No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain [:]Yes :x~No N/A N/A 15. Is project or any portion of project located in a 100 year flood plain? ~lYes 16. Will the project generate solid waste? [3Yes [~No a. If yes, what is the amoun~ per month .. tons b. If yes, will an existing solid waste facility be used? [-]Yes i-lNo c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain x~No [~Yes [:]No 17. Will the project involve the disposal of solid waste.~ I-lYes a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ~]Yes [~No 19. Will [)roject routinely produce odor's (more than one hour per day)? []Yes :~]No 20. Will project produce operating noise exceeding the local .ambient noise levels? 21. Will project result in an increase in energy use? ~[]Yes (No If yes, indicate type(s) Electrici%y 22. If watLer supply is from wells, indicate pumping capacity N/A gallons/minute. 23. Total anticipated water usage per day N/A gallons/day. 24. Does project involve Local, State or Federal funding? I-lYes If Yes, explain Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant eff on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be conside as part of the application for approval and may be subject to further verification and public review. Provide any additio information you believe will be needed to complete Parts 2 and 3. · It is expected that completion of the full EAF will be dependent on information currently available and-will not invo new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and spec each instance. NAME OF ACTION Summit Esta%es LOCATION OF ACTION (Include Street Address, Municipality and County) Shipyard Lane, East Marion, Suffolk County, New York NAME OF APPLICANTi~8~r Realty Corp. BUS[NESS TELEPHONE (718) 392-6858 ADDRESS CITY/PO 13-07 37th Avenue Long Island City, NAME OF OWNER(Ifdlfferent) ADDRESS STATE ZiP CODE I N.Y. 11101 BUSINESS TELEPHONE ( ) CITY/PO DESCRIPTION OF ACTION STATE I ZIP coDE 37 Lot subdivision Please Complete Each Question--Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and g,ndeveloped areas. 1. Present land use: [-[Urban [industrial f-ICommerciaI [~Residential (suburban) E:]Rural (non-fart []Forest ~]Agriculture I-tOther 2. Total acreage of project area: __~Q_,_~2_+ acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasturb, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill) * Roads, buildings and other paved surfaces_ , Other (Indicate type). Residen%ial/Multl 3. What is predominant soil type(s) on project site? a. Soil drainage: :[]Well drained 85 % of s. ite I-~Poorly drained . % of site PRESENTLY AFTER COMPLETION acres -- acres acres acres '~ 'acres .~ ~, acres acres 1 . O acres 1 · 0 39.62 33.62 acres E3~Moderately well drained 15 °,6 oi; site b. If any agricultural land is involved, how many acres of soil are classified within soil group ! through 4 of Land Classification System?- acres. (See I NYCRR 370). 4. Are there bedrock outcroppings on project site? I-lyes [][No a. What is depth to bedrock? (in feet) * Roads: 3.37 Ac Blds: Est @ 3000 sq. ft. x 37 =2.54A0:, Misc. ~;riveways et 2 = l+Ac REALTOR VICTORIAN REALTY com. Full Service Real Estate" July 17, 1990 Southold Town Planning Board 53095 Main Road Southold, New York 11971 RE: Proposed Major Subdivision for Summit Estates SCTM~ 1000-35-8-53 Dear Mellissa: This will confirm our conversation with reference to the above mentioned sub-division. Please note that the C&R°s for Lot ~3 will read that this lot will be no further sub-divided. That the area which is stated in the application as wetland is 0.6 in size and will not be disturbed. That the ditch in question has no purpose what so ever. Only that the owner was teaching his son to use a back hoe. Please feel free to contact me if I can be of further assistance. Very Truly, Donna Geraghty ~ k~ Broker/President 110 Front Street · Greenport, NY 11944 · {516) 477-2730 Mushroom Meadows · Main Road, P.O. Box 601 · Aquebogue. NY 11931 · (516) 722-3100 · Fax (516)722-3224 July Southold Town Plaanir~ Board 53095 Main Road 5outhold, New York 11971 RE: Propoe~l ~la~or Subdtvieion for Zu~ait l~e~atee $CT[~# 1000-35-8-53 This ~ill confirm our oonv®r~ation ~ ~f~ ~ ~e ~ve ~ntion~ su~tvisioa Ple~ ~te ~t ~ ~e for ~ ~3 ~11 ~ ~t ~ ~ea ~ is stated ~ the ~cation ~ ~tlmd is 0.6 That the di~h ia question has no purpose ~hat eo aver. Only that the o~ner was teachin~ hie eon to use a beok hoe. Please feel free to oontact me if I can be of further assistance. VerM Truly, Donna (]er Broker/President Ylmhroom M~dow,. ~ Ro~l, P,O. Bo~ 81)1 -A~a~g.e. NY 11931., 151e) 72~-3100 ~ Frei ~1~ 7~2-3224 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE (516) 360-5207 ARTHUR H. KUNZ DIRECTOR OF PLANNING July 30, 1990 Mr. Bennett Orlowski, Jr., Chairman Town of Southold Planning Board Main Road Southold, New York 11971 Preliminary X Final Plat Name: Map of Summit Estate (Preliminary) Location: Southwesterly corner of Main Road, N.Y.S. Rte. 25 and Shipyard Lane, East Marion. Dear Mr. Orlowski: Please be advised that pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code, the above referral will not be reviewed by the Suffolk County Planning Comm{ssion because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin #9 of the Suffolk County Planning Commission. The staff has checked the above referenced referral and find that additional information is required. A copy of the E.A.F./information relative to the drainage pond. Very truly yours, Arthur H. Kurtz Director of Planning S/s Frank Dowlin~, Sr. Planner Subdivision Review Division File: S-SD-79-15.1 FD:mb NOTE: Please consult Suffolk County Department No. 9 for complete referral requirements. PLANNING BOARD Bennett Orlowski, Ir. Oeorge Ritchi~ Lm Richard O. Mark S. McD~: Kenneth L. Tel=phone (516) Benne~ [EMBERS Chairman am, ,Ir, ,rd iald ~rds 5-1938 PLANNING BOARD OFFICE TOWN OF SOUTM.OLD Orlowski, jr'~. , Chairman Southc d Town Planning Board P.O.Bo~ 1179 Southold, New York 11971 SCOTt L. HARRIS Supervisor Town Hall. 5309:5 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 It aDplic; exceed Nc office P1 underta Southol Facsimi · Orlowski, Jr., gCTM NO. S.B. File NO. is estimated :hat the cost of reviewing the above-noted :ion as per your letter of ~dL~ Im 19~e should no: ; l;ooo , work in excess of that amount will be undertaken by this ~nless so authorized by the Planning~Board in writing. mse notify this office in writing if you wish us to :e the review. Town Planning Board Number: 765~1823 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD sco~"r L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Suffolk County Planning Commission H. Lee Dennison Executive Office Building -12th Floor Veterans Memorial Highway Hauppauge, NY 11788 ATT: Charles G. Lind, Chief Planner Subdivision Review Division Gentlemen: Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town Planning Board hereby refers the following proposed subdivision to the Suffolk County Planning Commission: Map of ~ ~ ~S~$ Hamlet/Locality E~ S.C.D.P.W. Topo No.: S.C. Tax Map No.: Major sub. ~ Minor Sub. Zoning ~-~(~ Site Plan MATERIAL SUBMITTED: Preliminary Plat ( 3 ~c+o~ ~ 7~[)90~o a~ ~d~q~ qr~ f i 1 es Drainage Plans (1) ~ Topographical Map (1) Site Plan (1) Grading Plan (1) Cluster Other Materials (specify and give nualber of copies) Waiver of Subdivision Requirements - See attached sheet CONTINUED REFERRAL CRITERIA: SEQRA STATUS: 1. The project is an (Unlisted) ~ I~ (Type II)Action. 2. A (Negative Declaration) (Positive Declaration) (Determ. of Non-Significance) has been adopted by the Planning Board. statement enclosed. (Yes) ~ 3. E.I.S. 4. The proposed division has re~._~_~ approval from the S.C. Dept of Health. (Yes) (~ We request acknowledgement of receipt of this referral (Yes) ~ Referral received 19 by Suffolk County Planning Commiss~n and assigned File NO. Very truly yours, Bennett Orlowski, Jr. Chairman Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ScOTr L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 Robert W. Brown Sidney B. Bowne & Son 45 Manor Road Smithtown, New York 11787 I0 , Iqqo Dear Mr. Brown The Southold Town Planning Board hereby refers the following application to your office for review. Application Name: Tax Map No.: IOOO- Bowne File No.: Hamlet Location: Type of Application: Sketch Subdivision Map Preliminary Subdivision Map Final Subdivision Map Road Profiles (Dated / / ) (Dated 6 / ~/ gO) (Dated / / ) (Dated ~ /2~ / ?o ) Grading and Drainage P]nn~ (Dated ~ /2~ /~O ) Other (Dated / / ) Sketch Site Plan (Dated / / ) Preliminary Site Plan (Dated / / Grading and Drainage Plans (Dated / / Other (Dated / / Please develop an estimate of what it will cost to underj~ake the following review of the enclosed plan (s): Enter the cost estimate on the enclosed reply sheet, then send its facsimile to this office. If the Planning Board wishes you to proceed with the review, it will send a facsimile of a purchase order authorizing the work to be done.'. The actual purchase order will be sent through the mail. If there are any questions, please contact Planning Staff. Very Truly Yours, Bennett Orlowski, Jr. Chairman cc: Ray Jacobs, Highway Department PLANNING BOARD MEMBERS Bennett Orlowsk~, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Bennett Orlowski, Jr., Chairman Southold Town Planning Board P.O.Box 1179 Southold, New York 11971 Dear Mr. Orlowski, Jr., Re: SCTM No. S.B. File No. It is estimated that the cost of reviewing the above-noted application as per your letter of 19 should not exceeds · No work in excess of that amount will be undertaken by this office unless so authorized by the Planning. Board in writing. Please notify this office in writing if you wish us to undertake the review. Very Truly Yours, Southold Town Planning Board Facsimile Nun~ber: 765-1823 Robert W. Brown SUBMISSIO~ WITHOUT COVER LETTER co~s: PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 June 11, 1990 Donna Geraghty Victorian Realty Corp. 110 Front Street Greenport, New York 11944 RE: Proposed Subdivision for Summit Estates SCTM# 1000-35-8-5.3 Dear Mrs. Geraghty: In confirmation of your conversations of late April with Melissa Spiro, the Planning Board is requiring the following for the above mentioned subdivision: The area of land adjacent to Gardiners Bay, which is currently shown as open space for the cluster subdivision, is to be shown as land for park and playground purposes. The area of Lot #3 is to be decreased so that the area of the open space for the subdivision, excluding the land for park and playground purposes, is equal in area to the land that was excluded from the lot areas by the cluster design. The above mentioned revisions must be included in your preliminary submission. Please contact this office if you have any further questions. Very truly yours, Bennett Orlowski, Jr. Chairman Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF $OUTHOLD SCOTT L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 April 25, 1990 Donna Geraghty Victorian Realty Corp. 110 Front Street Greenport, New York 11944 RE: Proposed Subdivision for Summit Estates SCTM# 1000-35-8-5.3 Dear Mrs. Geraghty: Enclosed is the Trustees report dated April 18, 1990 regarding the above mentioned subdivision. The maps dated January 19, 1990 show the drainage pond located on Lot 15. The upland area of Lot 15 must be at least 30,000 square feet in area. The area of the upland and the area of the drainage pond must be shown on the preliminary maps. As per the Trustees request, a covenant and restriction must be provided stating that the drainage pond is to be left intact in perpetuity. In addition, there is to be no lot or road drainage into the pond. As stated previously, it is likely that upon submission of the preliminary maps and upon completion of the Suffolk County Planning Commission review, the Planning Board will be requiring additional covenants and restrictions. For that reason, a draft Declaration of Covenants and Restrictions should be submitted after the Planning Board has reviewed the preliminary maps and the Suffolk County Planning Commission report. enc. cc: Very truly yours, Bennett Orlowski, Jr. Chairman John M. Bredemeyer, III President, Board of Trustees TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Kmpski, Jr. John L. Bednoski. Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main I P.O. Box 1179 Southold, New York I I; Fax (516) 765-1823 Telephone (516) 765-18 TO: FROM: RE: DATE: Planning Board Board of Town Trustees Summit Estates April 18, 1990 The Trustees inspected the site on April 17, 1990 and request that the drainage pond on Lot ~15 be saved in perpetuity with a covenant and restriction, and that this pond be left intact without alteration; lot or road drainage into same. I'RUSTEES ~redemeyer, III, President A Smith, Vice President ,lbert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill l~elephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: RE: DATE: Planning Board Board of Town Trustees Summit Estates April 18, 1990 The Trustees inspected the site on April 17, 1990 and request that the drainage pond on Lot #15 be saved in perpetuity with a covenant and restriction, and that this pond be left intact without alteration; lot or road drainage into same. TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krnpski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 23, 1990 Glenn Just J.M.O. Consulting P.O. Box 447 Quogue, NY 11959 Re: App. No. 5-11-89-35-8-5.3 Dear Mr. Just: The following action was taken by the Board of Town Trustees during its regular meeting held on March 22, 1990 regarding the above matter: WHEREAS, Glenn Jus on behalf of Peter Fakiris applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 5, 1989 and, WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a public hearing was held by the Town Trustees with respect to said application on March 22, 1990 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT RESOLVED THAT GLENN JUST ON BEHALF OF PETER FAKIRIS BE AND HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE Maintenance dredge a 90' X 100' i MLW. Approximately 675 c.y. of spoil to be on the applicant's upland property. _ ~ \9.q~ TO: FILE FROM~ Melissa Spiro, Planning Staff RE: Summit Estates -Firewell SCTM# 1000-35-8-5.3 DATE: April 13, 1990 I received a phone call from Ray Jacobs, speaking on behalf of the East Marion Fire District. He questioned why Summit Estates was sent for a firewell determination at the sketch plan stage, as this area will have public water. I told him that the Planning Board had not received any approvals for public water for this site. As the plan recently received sketch plan approval, and the preliminary maps had not yet been submitted, we agreed that the Planning Board would re-send the proposal to the Fire District for a determination as to the need for firewells at the preliminary stage. New York State Department of Environmental Conaervation Re: LEAD AGENCY COORDINATION RESPONSE Dear /~ ~[/,~ sc~ ~F,~o This letter responds to your communication of ~cc~ ~ /9~ , regarding lead agency c~rdination for the above-noted project, under Article 8 (State Environmental Quality Renew - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617. The Department has the following interest in this project: DEC Permits (if any): ~o.r~,~ ~ ~r ~ ~e~ j~z ' ~ DEC Contact Person: SEQR Classification: D~] Type I [ ] Unlisted DEC Position: Based on the information provided: DEC has no objection to your agency assuming lead agency status for this action. [ ] DEC wishes to assume lead agency status for this action. [ ] DEC needs additional information in order to respond (see comments). [ ] DEC cannot be lead agency because it has no jurisdiction in this action. Comments: [ ] see attached ~ none If you do not concur with the DEC position indicated above, please contact this office to resolve designation of lead agency within the time allowable under Part 617. or ce: Please feel free to contact this office for further information (attach distribution list) Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF $OUTHOLD SCOTT L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 April 4, 1990 Donna Geraghty Victorian Realty Corp. 110 Front Street Greenport, New York 11944 RE: Proposed Subdivision for Summit Estates SCTM# 1000-35-8-5.3 Dear Mrs. Geraghty: The Planning Board has been notified by the Board of Town Trustees that a permit has been granted to dredge a 90' X 100' docking area to 8' at MLW, and to dispose of approximately 675 c.y. of spoil on the applicant's upland property. Please show the location where the spoil is to be deposited on the grading and drainage plans when they are submitted. If you have any questions regarding the above, please contact this office. Very truly yours, nnett Orlowski, Jr. Chairman cc: John M. Bredemeyer, III President, Board of Trustees John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Krupski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main ~ P.O. Box 1179 Southold, New York 11~ Fax (516) 765-1823 Telephone (516) 765-18 March 23, 1990 Glenn Just J.M.O. Consulting P.O. Box 447 Quogue, NY 11959 Re: App. No. 5-11-89-35-8-5.3 Dear Mr. Just: The following action was taken by the Board of Town Trustees during its regular meeting held on March 22, 1990 regarding the above matter: WHEREAS, Glenn Jus on behalf of Peter Fakiris applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 5, 1989 and, WHEREAS said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a public hearing was held by the Town Trustees with respect to said application on March 22, 1990 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation 'submitted concerning this application, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE BE IT RESOLVED THAT GLENN JUST ON BEHALF OF PETER FAKIRIS BE AND HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO.: ....... :i Maintenance dredge a 90' X 100' docklng.a, rea 'to:8~ .at MLW. Approximately 675 c.y. of spoil to be di~boSed '~n the applicant's upland property. .' This permit will expire two years from the date it is signed if work has not commenced by said date. Fees must be paid, if applicable, and permit issued within six months of the date of'this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. This permit provides dockage for two boats other than those owned by said property owner. Please return to the Building Department for a determination on the need 'for any other permits which may be required for this project. Permit will be issued upon payment of the following fees for work to be done below Mean High Water Mark: Very t~ul¥~ours, ~-'John M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: Bldg. Dept. Conservation Advisory Council Planning Board file Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 March 27, 1990 Donna Geraghty Victorian Realty 110 Front Street Greenport, NY 11944 RE: Major Subdivision of Summit Estates SCTM# 1000-35-8-5.3 Dear Ms. Geraghty: The following resolutions were duly adopted by the Southold Town Planning Board at a meeting held on Monday, March 26, 1990. RESOLVED that theSouthold Town Planning Board start the coordination process~on~this Type ,l~action. The Board assumes lead agency,status'and inlthat~capacity makes an initial determination of non-significance. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated January 19, 1990 with the following conditions: ~: ~ . :. ~.~ ~ . ~_ 1. . a covenant and =e~triction~be placed on Lot # 3 stating that there is to be no further subdivision of this lot in perpetuity. -2. That the area adjacent to Gardiners Bay be labeled as Open Space. Sketch plan approval is conditional upon submission of preliminary maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The preliminary submission must include road profiles and drainage plans. These maps will be forwarded~'by the Planning Board to the Engineer for review. Page 2 Summit Estates Please note that upon submission of the preliminary maps, the Planning Board will refer this subdivision to the Suffolk County Planning Commission for their review. You will be notified should the Suffolk County Planning Commission require additional covenants and restrictions. For that reason, a draft Declaration of Covenants and Restrictions shquld be submitted after the Planning Board has reviewed the Suffolk County Planning Commission report. Please do not hesitate to contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD Joseph Cherepowich, Secretary East Marion Fire District P.O. Box 131 East Marion, New York 11939 , 19 Enclosed please find (2) surveys for Please notify this office as to whether any firewells are needed. Please specify whether shallow wells or electric wells will be needed. Please reply by~P~/2 /~ , 1990. Thank you for your cooperation. enc. hp Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposai and a completed Environmental Assessment Form (EAF) to a'ssist you in your response. Project Name: Requested Action: SEQRA Classification: (~) Type I ( )Uniisted Contact Person: ~5%~ ~o,179 (516)-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead.agency. Planning Board Position: (2) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments below). Comments: Please feel free to contact this office for further information. Sincerely, cc: · Board of TrUstees Southold Town Board ~Suffolk County Dept. of Health Services ~NYSDEC - Stony Brook * Maps are enclosed for your. review Coordinating agencies Bennett Orlowski, Jr. Chairman Appendix A J~l~ ~l'~ ,~ ) ~ i~ '~ ! SEC FULL E NS~ ~oEI~vr~°-n' 'm-e 'mai Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a proje or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequer ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determi~ significance may have little or no formal knowledge of the environment or may be technically expert in environment anaJysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecti~ the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determinatic process has been orderly, comprehensive in nature, yet flexible to allow intr~uction of information to fit a pro~ect or actio, Full EAF Components: The fuji EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic proje. data, it assists a reviewer in the analysis that takes place in Parts Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provide guidance as to whether an impact is likely to be considered small to moderate Or whether it is a potentiall~ large impact. The form also identifies whether an impact can be mitigated or red~ced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not th impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions ~ '- ' Identify the Portions of EAE completed for this project: ~ Part 1 [] Part 2 I-1Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting inforrnation, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The proiect will not result in any large and important impact(s) and, therefore, is one which will not have a significant im.pact on the environment, therefore a negative declaration will be prepared. [] 13. Although the project could have a signif canL.effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PAR]' 3 have been required, therefore a CONDITIONED negative declaration will be prepared;* I-] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a posilive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions SUMMIT ESTATES Name of Action Name of Lead Agency Print or fype Name of Responsible Officer in Lead Agency ~ Signature of Responsible O~ficer in Lead Agency / Title of Responsible Officer Signature of Preparer (If different from responsible ot~f~cer) / 8 9 :"~' ' Date 1 (' PART 1--PROJECT INFO N Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant on the environment. Please complete the entire form, Parts ^ through E. Answers to these questions will be consi as part of the application for approval and may be subject to further verification and public review. Provide any addi information you believe will be needed to complete Parts 2 and 3. · It is expected that completion of the full EAF will be dependent on information currently available and will not in new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and s; each instance. NAME OF ACTION Summit Estates LOCATION OF ACTION (Include Street Address, Municipality and Count},) Shipyard Lane, East Mar~on, NAME OF APPLICANTI~iI~,~r Realty Corp. ADDRESS Suffolk County, New York IBUSINESS TELEPHONE (718) 392-6858 CITY/PO 13-07 37th Avenue Long Island City, NAME OF OWNER (It different) ADDRESS CITY/PO --DEscRIPTION OP ACTION 37 Lot subdivision ISTATE ZiP CODE N.Y. 11101 BUSINESS TELEPHONE ( ) STATE t ZIP CODE Please Complete Each Question--Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and ,updeveloped areas. 1. Present land use: r-tUrban I-]Industrial I-ICommercial [~Residential (suburban) i-IForest DAgriculture 2. Total acreage of project area: ._~_0_,__8_2_+ APPROXIMATE ACREACE Meadow or 8rushland (Non~agricultural) Forested [~Other acres. [~Rural (non-fa Agricultural (includes orchards, cropland, pastuFe, etc.) Wetland IFreshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fill] * Roads, buildings and other paved surf;Ices Other (Indicate type). Residential/Multi 3. What is predominant soil type(s) on proiect site? a. Soil drainage: ;[]Well drained 85 % of s. ite I-IPoorly drained % of site PRESENTLY AFTER COMPLETIOh _ .20 acres -- .20~ acre: -- ~. · 0 _ acres 1.0 _ 39.62 acres -33.62 _ acres [~oderately well drained _ 15 % of site b. If any agricultural land is invo ved, how many acres of soil are classified within soil group 1 tllrough 4 of the N' Land Classification System? -., acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? fqYes []~lo ~. a. What is depth to bedrock? (in feet) * Roads: 3.37 Ac Blds: Est @ 3000 sq. ft. x 37 =2.54Ac~, Misc. Driveways e 2 = i+A{ [-115% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the Natiom Registers of Historic Places? i-lyes (~''. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? F1Yes ~]N 8. What is the depth of the water table? (in feet) 9. Is site located over a primary, principal, or sole source aquifer? f-lYes R1No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? I-lYes 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered I--lYes J~]No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formatiom l--lYes :il]No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area l-lYes ~]No If yes, explain 14. Does the present site include scenic views known to be important to the community~' i-]Yes ~]No ' 1.5. Streams within or contiguous to project area: g]O~G a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? I~Yes [No a) If Yes, does sufficient capacity exist to allow connection? [~]Yes ~No b) If Yes, will improvements be necessary to allow connection? []Yes [No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, ^rUde 25-AA Section 303 and 304? []Yes :~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 I-lYes ~No 20. Has the site ever been used for the disposal of solid or hazardous wastes? F-lYes ~]No C B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by. project sponsor 0 b. Project acreage to be developed: 40.8+ acres initially; 40.8+ c. Project acreage to remain undeve!oped fi acres. d. Length of project, in miles: [~'/A (If appropriate) e. If the prolect is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing 3 g, Maximum vehicular trips generated per hour h. If residential: Number and type of housing units: One Family Two Family Multiple Family Initially Ultm'~ately 3 6 2 i. Dimensions (in feet) of largest proposed structure height; width; j. Linear feet of frontage along a public thoroughfare project will occupy is? ~600_+ft. 3 acres ultimately. 0 %; ; proposed _ '75 (upon completion of project)? Condominium length· 2. Flow much natural mat I (i.e., rock, earth, etc.) will be removed from the site? 0 tons/cubiC yard 3. Will disturbed areas be reclaimed? i-lyes I-1No ~N/A ' a. If yes, for what intended purpose is the site being reclaimed~ b. Will topsoil be stockpiled for reclamation~ ~Yes [-INo c. Will upper subsoil be stockpiled for rec amation? ~Yes []No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site~ Cl acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes ~V-INo 6. If single phase project: Anticipated period of construction N/A months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase month d. Is phase 1 functionally dependent on subsequent phases~ I-lYes 8. Will blasting occur during construction.~ nyes (~No I-INo year, (including demolitior year. 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities~ I--lyes RqNo If yes, explain '12. Is surface liquid waste disposal involved? , I-lYes :J~E]No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged '13. Is subsurface liquid waste disposal involved? I-IYes ;~No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain 15. Is project or any portion of project located in a 100 year flood plain? I-lYes []Yes xC]No :~No N/A 16. Will the project generate solid waste? [:]Yes [~No a. If yes, what is the amoun't per month tons b If yes, will an existing solid waste facility be used? i--lYes I-1No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain OYes E]No 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site lifet 18. Will proiect use herbicides or pesticides? 0-1Yes o-lyes I-1No tons/month. years. [3~o 19. Will project routinely produce odors (more than one hour per day)? EgYes :lgNo 20, Will prolect produce operating noise exceeding the local .ambient noise levels? I~Yes 2L ~,Vill prolect result in an increase in energy use? ]~]Yes []No If yes , indicate type(s) Electricity 22. If water supply is from wells, indicate pumping capacity N/A gallons/minute. 23. Total anticipated water usage per day N/A gallons/day. 24. Does proiect involve Local, State or Federal funding? 0-1yes :i~3No If Yes, explain [~No 4 25. Approvals Required: Ce City, Town, Village Board F'lYes I-1No City, Town, Village Planning Board [-1yes F']No City, Town Zoning Board r"lYes UNo City, County Health Department E3Yes f-INo Other Local Agencies I--lYes I~No Other Regional Agencies U-lyes r-INo State Agencies ["]Yes I-1No Federal Agencies U-lYes UNo C Submitta Type Date C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? I-lyes ~]No If Yes, indicate decision required: f-lzoning amendment I-Izoning variance I-Ispecial use permit Clsubdivision [~site plan Unew/revision of master plan I-lresource management plan I-tother 2. What is the zoning classification(s)of the site? 1 .Acre Res±dent±al & Multi 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 36 One Family Dwellings & 2 Two Family Townhouses 4. What is the proposed zoning of the site? .same 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? same 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? [~Yes 7. Wha~ are the predominant land use(s) and zoning classifications within a ¼ mile radius of proposed action? One Family Dwellings (1/4 Ac/1 Ac) Multi-Family- Business Property 8. Is the proposed action compatible with adjoining/surrounding land uses within a *A mile? [~Yes Ut 9. If the proposed action is the subdivision of land, how many lots are proposed? 37 " a. What is the minimum lot size proposed? " 1 Acre 10. Will proposed action require any authorization(s) for the formation of sewer or water districts;' I-lYes ~]l' 11 Will the proposed action create a demand for any community provided services (recreation,education, poli~ fire protection)? 'F'lyes UNo a. If yes, is existing capacity sufficient to handle projected demand? g3Yes I-INo 12. Will the proposed action result in the generation of traffic significantly above present levels? [~[Yes i-IN a. If yes, is the existing road network adequate to handle the additional traffic? ~]Yes []No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are or may be any adver; impacts associated with your proposal, [)lease discuss such impacts and tile measures which you propose to mitigate, avoid them. E. Verification I certify that the inform~3.tion provided above ~s true to the ~e~.st, of my knowledge. the att[on is in the Coaslal A~a, and yo~ a::a;le%;cy, c;'plel;;h'; Coas/a'--~ ;,,essmen/Form before proc;edin wilh Ibis assessment. 5 Responsibility of Lead Agency General Information (Read Carefully) · In completing the form the reviewer should be guided by the question: Have my responses and determinations b: reasonable? The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significar Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 sim asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the thresl'Lold magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State a for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropri. for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will var~:' Therefore, the examples are illustrative a have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each questi, · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the '19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. if answering Yes to a question then check the appropriate box (column '1 or 2) to indicate the potential size of t impa,ct. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshc is lower than example, check column '1. d. if reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART e. If a potentially large impact checked in column '2 can be mitigated by change(s) in the project to a small to modera impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. T~ must be explained in Part 3. IMPACT ON LAND 1 ~ Wilt the proposed action result in a physical change to the project site? [~t,N O []YES Examples that would apply to column 2. · Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than 1 year or involve more than one phase or stage. · Excavation for mining, purposes that would remove more than 1,000 tons of natural material {i.e., rock or soill per year. · Construction or expansion of a sanitary landfill. · Construction in a designated floodway. · Other impacts None 2 ~,¥iJl there be an effect t:. _..,y ur~,que or unusual land forms found on the site? {ie., cJiffs, dunes, geoJogic,~J formations, etc.)~]NO ,[]-]YES · Specific land forms: [",TOnE~ ~:'~ 6 1 2 Can 3 Small to Potential Impact B Moderate Large Mitigated By Impact Impact Project Chang [] [] I--[ Y,es [~Nc [] [] [~Yes [=]No ~ [] [=]Yes [:]No [] [] l--lYes [=]No [] [] ~]Yes ~]No [] [] [~Yes [~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under ^rticles 15, 24, 25 of the Environmental Conservation Law, ECL) E~NO E]YES Examples that would apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: No, ne "' 4. Will proposed action affect any non-protected existing or new body of wated :~NO DYES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: None $. Will Proposed Action affect surface or ground, water quality or quantity? ~]NO CIYES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacit-f. ' Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conve,,.ed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cau~,e siltation or other discharge into an existing body of waler [o the exte:~t that there will be an obvious visual contrast to natural conditions. · Proposed Action will require the storage of petroleum or 'chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may require new or expansion of ex~stin~4 waste treatment and/or storage facilities. · Other re]pacts: No~e 6 Will proposed action alter drainage flow or patterns, or surface water runoff? ~:]NO" I~YES Examples that would ~pply to column 2 · Prop6sed Action would change flood water flows. 7 ( Small to Moderate Impact 2 Can IJact Potential Large Mitigated B Impact IPr°ject than [] ['-]Yes r-lb [] I--lyes i--ih [] I~Yes r-¥ [] I-lYes f-IN [] ~¥es [] ~]Yes I--IN [] I~Yes [] ~lYes I-IN [] E~Yes ~Yes ~N, ~Yes ~es ~Yes ~ ~Yes ~o ~ ~Yes ~o ~ ~es ~o I 2 3 Small to Potential Can Impact B= Moderate Large Mitigated By Impact Impact Project Chang [] [] I-lyes I--INo [] [] E]Yes []No [] [] []Yes []No [] [] I-lYes []No [] [] []Yes []No [] [] I-IYes. ~No [] [] I-lYes []No [] [] []Yes []No [] [] I~Yes []No [] [] []Yes E]No [] [] []Yes E]No [] [] El]Yes ' E]No [] [] I-lYes []No [] [] E]Yes El]No [] [] []Yes []No · Construction activity would excavate or compact the soil profile of agricultural land. · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. · The proposed action would disruptor prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditche strip cropping); or create a need for such measures (e.g. cause a farm .. field to drain poorly due to increased runoff) · Other impacts: None IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources.~ ~NO I-lYES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their ~ enjoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or si§nificant screening of scenic views known to be important to the area. · Other impacts: None IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance:~ ~NO I-lYES Examples that would apply to column · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. · Any impact to an archaeological site or fossil bed located within the project site. ' · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: None IMPACT ON OPEN SPACE AND RECREATION 13 Will Proposed Action affect the quantity or quality of existing or future o[)en spaces or recreational opportunities~ Examples that would apply to column 2 ~NO I~YES ' Tile P~-~rmanent foreclosure of a i~uture recreational opportun~y. · A malor reduction or an open space important to the community. · Other ~mpacts: NoD. e g IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? ~NO DYES Examples that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services will increase by more than'S% per year as a result of this project. · Proposed action will conflict with officially adopted plans or goals. · Proposed action will cause a change in the density of land use. · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g, schools, police and fire. etc.) · Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment. · Other impacts: None Small to Potential Ca Impact Moderate Large Mitigated E Impact Impact Project Char [] [] ~-IYes []1 [] [] [] Yes 'i-~ l [] [] []Yes f-~t [] [] []Yes I-II [] [] []Yes []~ [] [] []Yes []r [] [] []Yes r-Ir [] [] []Yes []~ [] ~ ~Yes 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? rRNO DYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 _L Part 3--EVALUATION OF THE INIPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact[s) is considered to be potentially large, even if the impact[s) may i mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe(if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact ' · Irs irreversibility, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of the impact · Its potential divergence from local needs and goals · Whether known objections to the project relate to this impact. (Continue on attachments) 11 IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD ~, 18. Will proposed action affect the character of the existing community~' ~NO []]]YES Examples that would apply to column 2 · The permanent population of the city, town or villa§e in which the project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operatin§ services will increase by more than$% per year as a result of this project. · Proposed action will conflict with officially adopted plans or goals. · Proposed action will cause a change in the density of land use. · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment. · Other impacts: None I 2 3 Small to Potential Can Impact Moderate Large Mitigated E Impact Impact Project Char [] [] [~Yes l--il [] [] []Yes [] [] []Yes I'-1i' [] [] E3Yes []~ [] [] []Yes []~ [] [] []Yes []~ [] [] []Yes []~ [] [] · []Yes [] [] []Yes EIb, 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts.~ I~NO E~YES If Any Action in Part 2 Js Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even il: the impact(s) may I mitigated. InslructJons Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe(if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s 3. Based on the information available, decide if it is reasonabie to conclude that this impact is important. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact ' · Its irreversibility, includinG permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of tile impact · Its potential divergence from local needs and goals · Whether known objections Lo the project relate to this impact. (Continue on attachments) 11 ~Tmm Hall P.O; ~ LW9 Southold, ~q.Y. 11971 Please o&ll if Ioan ~ e."~ f~ queetioa~ Ver~ trt~l~, ~hat Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 76~-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 15, 1989 Donna Geraghty Victorian Realty Corp. Mushroom Meadows Main Road P.O. Box 601 Aquebogue, New York 11931 RE: Proposed Subdivision for Summit Estates SCTM# 1000-35-8-5.3 Dear Mrs. Geraghty: The Planning Board reviewed the plans dated October 11, 1989 for the above mentioned subdivision. Their comments are listed below. The map shows a drainage pond. If this area is wet, it must be excluded from the yield for the parcel. The Environmental Assessment Form states that there are 0.2 acres of wetlands on the parcel. This area must be shown on the map and excluded from the yield for the parcel. The application calls for two 2-family units in the Resort Residential (RR) District. As per the Town Code Density and Minimum Lot Size Schedule for Residential Districts, the minimum lot siz,e for a 2-family detached dwelling is 40,000 square feet in area, thus only one 2-family unit would be allowed in this area. e At previous meetings, proposals for a church site were brought up. Is a church still proposed? The plan must be revised to show the following: A. Ail lots must be 30,000 square feet ii1 area; B. No lots are to be located along Main Road; The land along the Main Road is to remain as open space; . The area shown for Lot Number 12 should remain as open space; The park and recreation area is to be located by Gardiners Bay, in the area which is currently shown as Lot Number 36; The radius of the cul-de-sac is 60 feet. This should be revised to be 50 feet. In addition, the metes and bounds submitted and those shown on the map differ for the lot in the RR District. This must be clarified. Upon submission of revised maps and clarification of the above items, the Planning Board will proceed with their review of the proposal. Please contact this office if you have any questions regarding the above. Bennett Orlowski, Jr. ~ Chairman ms PLANNING BOARD MEMBI~R~ BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PL~NNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: From: Re: Michael Verity, Chief Building Inspector Ed Forrester, Director of Code Enforcement Bennett Orlowski, Jr., Chairman, Planning B~' Summit Estates~-East Marion SCTM: # 1000-3.8-5.21 & 5.22 Subdivision Lots 14 &15 DATE: November 18,2003 The Planning Board has ~received an inspection report from the Town Engineer determining that the pond located on subdivision lots 14 and 15 has been disturbed, and .completely filled in. This action is in direct violation of Section 9 of the Summit Estates Declaration of Protective Covenants and Restrictions, recorded at Liber 11506, Page 130, on July 23,1992. The Planning Board has determined that this action invalidates the conditions of the original Subdivision approval, and requires further enforcement action by Southold Town. The Planning Board would require the restoration of the pon~d to pre-disturbance conditions, and would further suggest that a fence be constructed around the pond for safety purposes. Your assistance in resolving this matter is greatly appreciated. Cc: P. Finnegan, Ass't Town Attorney J.Richter, Town Engineer GUSMAR REALTY CORP. 13-15 37 AVENUE LONG ISLAND CITY, NY I1101 718-392-6858 FAX 718-729-4160 November 7, 2003 Town of Southold Planning Board PO Box 1179 53095 State Route 25 Southold, NY 11971 Attn: Mark Terry RE: Summit Estates SCTM:# 1000-38-5.21 & 5.22 ~outhold Tow~ _ Plannin~[ I~oar~ Dcar Mr. Ten.T: Someone delivered this afternoon to one of the field workers on the subdivision, a letter requesting us to be at the, Planning Board's work session on Monday, Novembcr 10, 2003 at 6:30 pm. 1 called your oflice at 4:(}0 pm today and left you a voice mail message. It is Friday afternoon and l am unable to get any confim~ation of availability for Monday's meeting. Please call me on Monday morning at your earliest convenience. Thank you. Sincercly. Donna Neubauer For Gosmar Realty Corp. GUSMAR REALTY CORP. 13-15 37'm AVENLE LONG ][SLANI) CITY, N.Y. 1i101 TEL,: 71S-392-6855 FAX: 718-729-4160 REFERENCE: GUS.MAR REALTY CORP, 13-1~ 37 AVENUE LONG ISLAND CITY, NY 11101 718-392-6858 FAX 718-729-4160 Dear Mr. Terry: Someone delh'ered this affemoor', to cne of the field worke:s on ~¢ subdivision, a letter req'aesfing ~.:s to be at fl:e Planning Board's work session on Monday, Novemoer , 0, 2{i)03 at 6:30 pm, ca!led )ou: of(ice a~ 4:00 pm today aid lee you a voice mall message, It ~s Friday ~.ftemoon ac:d I a:ii '~nable re get ~y confimmtion of a~aifability for Monday'~ meeting. lease can me on Monday nlommg at your ;~liest eom emencc. Yh~< you. Domxa Neubauer Guamar RealD' Corp. GU~MAR REALTY CORP. & ~UMMIT WATERPROOFING & RE-~TOP.~TION CO. f3-15 37~'~ AVEiNUE, LONG LCLAND CITY, NY IIIO1 (TEL.) 631-477-1470 (FAX) 63f-4.77-94,.~O DARE: # OF PAGE_q: I'%ICLLIDING COVER ~.RTIFICATV C~r CORREC-r~o~l SURVEYOR: LOCAT2ON; CORRECTION; Howard W. Young Y,,~ung & Young 4~00~ran~,r avenue R,lvertlead, New York 11g01 Summit i~mte~, SeCelor~ ~L File Map No. ~¢.2~ Flied November 22, i993 ~uthold Township Change road name from Chloe ~ane to Summit Lane PLANNING aOARD CER'rZFICA'r~O~: This is to certE'y that ~is ,:erttficate of Correction hae been al:~mveel by the Planning i~ard of Sou~ ,, ~ ~a~ - ('TOwn ~ ~old ~,nnt~ ,~) TO: FROM: DATE: SUBJECT~ MEMORANDUM Mack Te~,,~ Ptannlng [)ep~artment Peter W, Harris $~porinte~ldent ¢ Highw~ June 20, 2005 CHAN(~E O,F ROAD NAME .-CH, 08 TO 8UMM1T LANEI In con,action with ofcr converaat{on earlier today, pleiaa be advised that ] have no objection to and approve the toed name ct~ange in ¢onnectlon with the road currently known aa Chloe Lane to L~ummlt Lena located tn Rurn~nlt Estates, ~ecfion I PWH:JE8 PETER W. HARRIS Highway Department Town of $outhold 275 Peconic Lane · P.O. Box 178 Peconic, N.Y. 11958-0178 Tel. (631) 765 ;3140 (631) 734 !3211 Fax(63I) 765 1750 TO: FROM: DATE: SUBJECT: MEMORANDUM Mark Terry Planning Department Peter W. Harris (xf~ Superintendent of Highways June 20, 2003 CHANGE OF ]ROAD NAME -CHIOS TO SUMMIT LANEI In connection with our conversation earlier today, please be advised that I have no objection to and approve the road name change in connection with the road currently known as Chios Lane to Summit Lane located in Summit Estates, Section I. PWH:JES Southold Town Planning Board YOUNG & YOUNG ¢~0 0strand~ AVenue Riverhead, N~o Yo~k 11901 HOWARD [,V~ YOUNG, Land 5uroeyor THOMAS C. WOLPERT, Proj~sional ROBERT C. ZAST, Areh~l~ct YOdNG ¥'OUNG Telephon~ (631) 727-2303 Facsimile (631) 727.0144 ad:mir~youngenS~neermg.com CERTIFICATE O~ CORRECqTON SURVEYOR: NAME OF MAP: LOCA'F~ON: CORRECTION: Howard W. Young Young & Young 400 Ostrander Avenue Rlverheed, New York 1190[ Summit Estates, Section 1 File Map No. 9426 Filed November 22, 1993 Southold Township Change road name from Chios Lane to Summit Lane PLANNING BOARD CERTIFICAT]ON: This is to certify that this Certificate of Correction has been approved by the Planning Board of Southoid, Howar ~ Date of Approval: By; Chairperson (Town of Southold Planning Board) 'lannlng Engineering Land 5urv~ng Architecture YOUNG & YOUNG 400 Os~nder Avenu~ Riverl. M, New York II901 HOWARD W. YOUNG, Land Surveyor THOMAS C. WOt.PERT, Prof~esional Eng~nec'r ROBERT C. TAST, A~hi~ct Town of Southold Planning Board Town Hall 53095 Main Road P.O, Box 1179 Southold, New York 11971~0959 YDUN~ ¥OUN~ August 27, 2002 (631) 727-2303 (51) 727-0144 RE: Certificate of Correction SUMMIT ESTATES, SECTION 1 at East Marion, T/O Sou~hold, New York Dear Members of the 8oard: Enclosed is a Certificate of' Correction for the above referenced subdivision, for your review and signature. Kindly return the certificate to our office at your earliest opportuhlty so we may then file same with the Suffolk Counb/Clerk's Office. If you have any questions regarding this ma~er, please contact us. Very truly yours, HWY/s.lt End, CC: Gusmar Realty ATTN; MS, Donna Neubauer Ms. Donna Geraghty Howard W, Young + Encl, + Encl. '~lanning En~netring Land $~u'rvcying Anti'feature - GUSMAR REALTY CORP. 13-15 3GTM AVENUE LONG ISLAND CITY, N.Y. 11101 TEL: 718-392-6858 FAX: 718-729-4160 FAX NO: ATTENTION: SENDER: TRANSMITTED TO: ? .~ 'OF%~lt~ = TOTAL NJ~'MBER OF PAGES TRANSMITTED INCLUDING COVER SHEET .O.r.._ REMARKS: PLANNING BOARD MEMBERS BENNETT ORLOWSI. CI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR P.O. Box 1179 ~'J'~ Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) ,~76~5_-1938 .i Fax (631) 765-3136 PI~A~qNING BOARD OFFICE TOWN OF SOUTHOLD Date: September 9, 21)02 To: Peter Harr, s Superintendent o f Highwayg From: Bennett Orlowski, Planning Board Chairman Re: Road name change Please revicw and advise the attached certificate of correction regarding the name change of Chios Lane to Summit Lane in East Marion. Please return to the Planning Board at your earliest convenience. YOUNG & YOUNG 400 Ostrander Avenue Riverhead, NL'w York 11901 Telephone (631) 727-2303 Facsimile (631) 727-0144 admin~youngengineering, com HOWARD W. YOUNG, Land Suroeyor THOMAS C. WOLPERT, Professional Engineer ROBERT C. TAStF, Architect Town of Southold Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 August 27, 2002 RE: Certificate of Correction SUMMIT ESTATES, SECTION 1 at East Marion, T/O Southold, New York Dear Members of the Board: Enclosed is a Certificate of Correction for the above referenced subdivision, for your review and signature. Kindly return the certificate to our office at your earliest opportunity so we may then file same with the Suffolk County Clerk's Office. If you have any questions regarding this matter, please contact us. HWY/sjt End. CC: Gusmar Realty ATTN: Ms. Donna Neubauer Ms. Donna Geraghty Howard W. Young + Encl. + Encl. Eouthold Town Planning Boar Plannin~ Engineetlng, Land Surocqing Architecture YOUNG & YOUNG 400 Ostrander Avenue Riverhead, New York 11901 '[~lephone (631) 727-2303 Facsimile (631) 727-0144 admin@youngengineering.com HOWARD W. YOUNG, [and Surveyor THOMAS C. WOLPERT, Professional Engineer ROBERT C. 'FAS'[; Architect CERTIFICATE OF CORRECTION SURVEYOR: Howard W. Young Young & Young 400 Ostrander Avenue Riverhead, New York 11901 NAME OF MAP: Summit Estates, Section 1 File Map No. 9426 Filed November 22, 1993 LOCATION: Southold Township CORRECTION: Change road name from Chios Lane to Summit Lane PLANNING BOARD CERTIFICATION: This is to certify that this Certificate of Correction has been approved by the Planning Board of Southold. Date of Approval: By: Chairperson (Town of Southold Planning Board) PlanninR Engineering Land Surveying Architecture YOUNG & YOUNG 400 Ostrander Avenue Riw'rhead, Nt'w York 11901 Tt lephone (631) 727 2303 Facsimile (631) 727-0144 admin~youngengineering.conl HOWARD IA/. YOUNG, Land Surveyor THOM~tS C. !,VOLPERrl; Professional Engineer ROBERT C. '/'AS'I, Architect Town of Southold Planning Board Town Hall 53095 Main Road P.O. Box ~179 Southold, New York 11971-0959 August 27, 2002 RE: Certificate of Correction SUMMIT ESTATES, SECTION 1 at East Marion, T/O Southold, New York Dear Members of the Board: Enclosed is a Certificate of Correction for the above referenced subdivision, for your review and signature. Kindly return the certificate to our office at your earliest opportunity so we may then file same with the Suffolk County Clerk's Office. If you have any questions regarding this matter, please contact us. HWY/sjt Encl. Very truly yours, Howard W. Young Gusmar Realty A~-FN: Ms. Donna Neubauer Ms. Donna Geraghty +Encl. +Encl. Planmns En,~inrerinR I,and Sur(,eyin,~, Architecture, YOUNG & YOUNG 400 Ostrander Avenue Riverhead, New York 11901 'l~dephone (631) 727-2303 [:acsimile (631) 727-0144 admir~@youngen~ineering.com HOWARD W. Y()UNG, Land Sumeyor THOMAS C. WOLPERT, Prt~'ssionaJ Engineer ROBERT C, 'FAST, Architect CERTIFICATE OF CORRECTION SURVEYOR: Howard W. Young Young & Young 400 Ostrander Avenue Riverhead, New York 11901 NAME OF MAP: Sunlmit Estates, Section 1 File Map No. 9426 Filed November 22, 1993 LOCATION: Southold Township CORRECTION: Change road name from Chios Lane to Summit Lane oward/W/Young, NYS Lider~ge No. 4S893 PLANNING BOARD CERTIFICATION: This is to certify that this Certificate of Correction has been approved by the Planning Board of Southold. Date of Approval: ei -~-/-0.~ By Ch ~'J'i:'~)e rson (Town of Southold PlannirZj Board) Planning, En?,ineering Land Sumeyln,q Archih,clun! August 17, 2001 CLEAVES POINT CONDOMINIUMS VILLAGE o COMMONS L~ CLUB AND MARINA, INC. P.O, BOX 29 GREENPORT, NEW YORK '1'1944 [631) 477- 8657 FAX (631)4'77-865'7 TO: Board of Trustees, Town of Southold ATTN: Albert J. Krupskl, Jr., President RE: Gusmar Realty SCTM#1000 387-10.2 Application for Permit to "regrade, reseed, fix existing sprinkler system" on that Parcel 'D" designated Park and Recreation Area of Summit Estates Southold Towr 'ianr i }g Boai'd Subsequent to our communication to your office on May 22nd. it has come to our attention that the above noted application has been amended to include the addition of a six foot (6') wire mesh fence to be erected along the adjoining property lines shared with Crescent Beach and Cleaves Point Commons Cpndominiums. Together with our previous stated concerns regarding the considerable altering of the contours of this land which was performed this spring, please take note of ()ur objection to the establishment of a fence structure for reasons based on maintaining the site in its natural state. Referring to a copy of the Covenants and Restrictions for Sun]mit Estates ( copy attached ) as issued by the Sonthold Town Planning Board concerning the subdivision's approval, note is taken of relevant dictates as follows: C&R #3~ "the fence which extends into the park and reereatimt Parcel D is to be removed, as are the structures which are shown in that area"; C&R #7(c)~ ". .... The terms "structure" and "building" shall be interpreted as including ........ the placement of fences": C&R #8- "The following terms shall apply to the Park and Recreation parcel D. (b)- TltESE AREAS SHALL REMAIN IN THEIR NATURAL STATE. MAINTENANCE OF TEIE NATURAL VEGETATION SltALL BE THE ONLY USE OR ACTIVITY ALLOWED, OTHER THAN PASSIVE RECREATION: (c) Any building, structure or parking to be located on parcel D, shall be subject to Southold Town Planning Board approval ..... ' As of this date, and as adjoiuing property owners, we have not received notice of a public hearing that would address the change of any of the Covenants and Restrictions. Realizing ~hat the jurisdiction of several Town governing bodies may be involved in this one effort being pursued by Gusmar Realty, it is hoped that, by copying this communication, a cohesive review will ensue. Thank you for 3'our considerations. -%'~usLa;] iIallock". Mana~.er cc: Town of Southold, Planning Board, Bennett Orlowsk[, Jr., Chairman cc: Town of Southold, Building Department, Ed Fo)rester, Inspector Ma} 28. 20fYi CLEAVES POINT CONDOMINIUMS VILLAGE tn COMMONS E~ CLUB AND MAI?INA, INC. P.O. BOX 29 GREENPORT, NEW YORK '1'1944 [631) 477- 8657 FAX (631)477-8657 Town of Soulhold, Planning Board Bennet Orlowski, Jr., Chairman Town tlall 53095; Main Rd.. P.O.Box I179 Southold. New York 11971 ,'. u,~01d Town RE: Summit Estates Shipyard Lane, East Marion, N.Y. [)ear Chairman Ortowski: As adjoining neighbors of the above noted subdivision project, we are requesting a final md complete copy' of the Covenants. Conditions & Restrletions that were issued as part of the approval process hnplemented by your board. Please acknowledge this request and let us know if there is any charge connected with providing this public information. At some point in the past, I did view this document in ~he Planning Board Office, but I do not believe it was the final version. In any ewlnt, we ¥~,ould like a copy for our office files. Thank you for your atlention to this matter. Sincerely yours. Cleaves Poin! Commons Condominium Susan tlallock, Manager PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAzM J. CREMERS KENNE'FH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax {631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMO TO: FROM: RE: DATE: Elizabeth Neville, Town Clerk Craig Turner, Planner Summit Estates Phase I Road Improvements SCTM# 35-8-5.13 (East Marion) June 8, 2001 Attached is the renewal bond for Phase I of the Summit Estates major subdivision road improvements. The Planning Board requests that you place this on the next Town Board meeting agenda for adoption. The renewal is good from June 7 to December 7, 2001. June 7, 2001 GUSMAR REALTY CORP. 13-15 37TM AVENUE LONG ISLAND CITY, N.Y. 11101 TEL: 718-392-6858/FAX: 718-729-4160 Planning Board Town of Southhold Suffolk County Town Hall, 53095 State Rome 25 P.(). Box 1179 Southhold, New York 11971-0959 Attention: Craig Turner Re: Per£om~ance Guarantee lbr Summit Estates Bond # B93-000461 from Ulico Casualty Co. SCTM II 1000-35-8-5.3 JUN 0 8 2001 $outtlold Town Planning Board Dear Mr. Tnrncr: Enclosed please find the renewal bond for the above mentioned subdivision. Should you require any further information please do not hesitate to call. S~rely, Gusmar Realty Corp. ~I1C]OSL[Fes Fax/FEDEX 06/06/01 12:57 FAX 71A4373058 ~]002 f ULICO CASUALTY COMPANY RIDER To be attache~l to and form a part of Type of Bond: Bend No: Principal: In favor of: and dated SUBDIVISION PERFORMA~BOND B93-000461 ~ GUBMAR ~__EALTY CORPORATION__ __ TOWN OF SOUTHOL ~D, NY ~JUNE 7, 1993 In consideration of the prem~m charged for the a[tached I~ond, it is hereby agreed to amend the attached bond as foltows: RENEW THE ABOVE BOND put~ A~=RIOD OF SIX (6) MONTHS From: 06/07101 To: 12/07101 IN THE BOND AMOII~NT OF: $88,920.00 The attached bond shall be subject t~ all its agreements, limitations and conditions except as herein expressly modified. This rider iS effective JUNE 7. 2001 Signed and Sealed JUNE 6.2.~Q~ GU SI~R REALT~ COP~QRATION - 4ffA~M~= & TlYLE) ULICO CASUALTY COMPANY ULICO CASUALTY COMPANY 111 Massachusetts Avenue, N.W. Washington, DC 20001 FDOT- 545 POWER OF ATTORNEY Know All Men By These Presents: rFhat Ulico Casualty Company, A Delaware Corporation, having its principal office m Washington, I)C, pursuant to the followhl~ resolution, adopted by the Board of Directors of the Corporation eff~tive on the 28 h day of January, 1993: R~)LVED: "That the Chairman and C~ef Ex~utive Officer be, anti hereby m, author~ed to execute Powers-of-J ttomey, qual~yh~g the attorney ~med h~ the Powers43f-ARomey to ext~ute on behaff of the Corporation contract bonds and other related surety bonds, and tc~ attach thereto the corporate seal of the Corporation, m the tra~action of its surety business" B~OLVED: "Fhat ~e signatures and attestatiom of such ofhcers and the seal of the Cor~ration may be MfLxed to any such Power~f-Attomey or to any certificate relating thereto by facsm~e, and any such ]7owermf-Attorney or certificate bearing such facsi~e signa~res and facsinffie seal sha~ be valid and binding u~m the Corporation when so affNed with resist to any contract Nmd or other related sure~ bond to wl~ch it ts attached" 'Ihis Po~er of A~omey is signed and sealed ~ facs~e under and by the au~ori~ of the above Resolution. ~)ESI E~EBYMAKE, CC)NST ]~VFEANDAppOI~: Medford l~ocks~oh, its ~eandlaw~iAttomev(s)-in Fact with full power and authority hereby conferred Conl:ract bonds and other related surety Imnds: IN AuN AMOUNT NOt TO EXCEED FOUR MILl .ION (~t;4,0013,000 00) £~9I LARS; to bind Uhco Casualty Company thereby as fully and to the same exten as if sach bond was signed by the duly authorized officers of Ulico Casualty Company, and all the acts of said Attorney(s)-M Fact pursuant to the authority hereto given are hereby ratified and corxtkmed; consents tor the I'elease of'retained percentages and/or final estimates on engineering and cop-st ruct km contracts as retluired by The Department of Fral~sportation. State of Florida In V~itness Whereof Ubco Casua Co ~ an of Dove~ Delaware ' ' ~ · ty p y , has caused this ov~er o Atlomey o be signed by its Chairman and C~uef Execuhve Officer and its C~rporate seal to be affixed this 1st day of February, ] 999 This Power of Attorney is void unless the seal is readable, the text is in black ink, the signatures are in bIack ink, this notice is in red ink, and if attached to a document executed subsequent to March 31, 2004. ~ , ,,C'~ tl~s 1st ,day of February, 1999, before the subscriber, a Notary Pubhc of the Di~trie(of Colmnbia, duly conmzissioned ~quaIffied, came Robert A G~r ine or unto casualty Company to me ~rsonally ~own to be ~e ~dividuaI and officer descr bed hereto, and w~ ex~uted the preced~g ~tmment, ~d acknowledged the execution of the same and being by me duly sworn, de~sed and said, that he b the officer of the Company aforesaid, and that the ~al affNed to the preceding ~trument ~ the Corporate ~al of the Company, and the Corporate ~al and signore as an officer were duly affixed and sub.rind to the said nzstrument by the authority and dirt~tion of the Corpora~on, and that the resolution of the Company, referred to m the pt~edMg mstvament, N now m force In Test~ony ~ereof, 1 have hereunto set my hand, and affrxed my official seal at Waslm~gton. I ~ the day and year above written ~y ~ommi~ion Expire~ Ma~ch 31, 20,3t CERTIFICATION 1, Joseph A Carab~lv, Ass~tant ~retary oI Ubco Casualty Company of Dover, Delaware, do hereby cert~y that the foregoing Rt'solutMn adopted by the Board of Directors of tl~ Corporation and tbe Powers of Attorney ~sued pursuant thereto, are t~e and corr~t, and that both the Res~dufion and the Powers of Attorney are m full force and effect In ~s ~ereof, I have hereunto set mv band and affixed the seal ~ f he cc rporation th~ ~ ~ day d ~ ~ant ~creta~ UCB 102-POAI (09:981 ELIZABETH A. NEV1LLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER F[~EEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O Box 1179 Southold, New York 11971 Fmx ~6311 765-6145 T~!lephon,~ t63l) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT TIlE FOLLOWING RESOLUTION NO. 383 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 22, 2001: RESOLVED that the Town Board of the To~vn of Southold hereby approves the revised bond estimate for Phase I of Summit Estates Major Subdivision SCTM#1000-35-8-5.3, as prepared by the Town Engineer irt the amount of $88,920.00 for the completion of road and drainage improvements, all in accordance with the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk PLANNING BOARD MEMBERS BENNETT ORLOWSK~, JR. Chairman WILLIAM J. CREMERS KENNETH L, EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, Ne~v York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PI.~NNING BOARD OFFICE TOVCN OF SOUTHOLD May 15, 2001 Elizabeth A. Neville, Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Summit Estates Major Subdivision SCTM#1000-35-8-5.3 Dear Ms. Neville: The following took place at a meeting of the Southold Town Planning Board on Monday, May 14, 2001: WHEREAS, this subdivision was divided up into four subdivision sections and two road and drainage improvements phases; and WHEREAS, a considerable amount of work has been completed on Phase I of the improvements, including all of the drainage improvements; and WHEREAS, the Planning Board is expecting a Phase II bond estimate as part of the final subdivision application for the remaining sections of the subdivision; be it therefore RESOLVED, that the Southold Town Planning Board adopt the revised bond estimate prepared by the Town Engineer of $88,920.00 for Phase 1 of Summiit Estates, and recommend the same to the Town Board. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman JEAN W. COCHRAN SUPERVISOR TOWN I LALL 53095 MAIN ROAD Fax 1516) 765-1366 ,'OWN O;iI:~,15~_L7~,5 ~fjORK 11971 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE SUMMIT ESTATES A'r EAST MARION, TOWN OF SOUI'BOLD SCTM # 1000-35-08-5.3 REVISED BOND "PHASE - # 1" May 7, 2001 $outhold Town Planning PHASE - # 1 ITEM QUANTITY I. 2.5 ACRE 2. 5,05/) C.¥'. 3. 8,000 C.Y. 4. 1,100 C.Y. 5. 5,050 SY 6. 7 EAClt 7. 4 EACII 8. 990 L.E 9. 250 L.E. 10. 2 EACII 11. 2,060 L.F. 12. 960 L.F 13. 561 C.Y. 14. 698 TONS 15 421 TONS 16. 150 S.Y 17. 740 I..F 18. 1 EACIt 19. 76 EACH 20 148 EACH 21 6,215 22. 21 EACII 23 5 EAC[t 24. 3 EACII 25 875 L.F. 26 JOB DESCRIPTION PHASE- # 1 (+/-) % AMOUNT UNIT PRICE AMOUNT COMPLETE REMAJMNG CLEARING & GRUBBING $ 2,650.00 STOCKPILING TOPSOIL 2.00 EXCAV. ~ RECHARGE BASIN 2.00 UNCLASSIFIED EXCAVATION 6.00 FINE GRADING 0.50 DILMNAGE CATCH BAS[NS 3,000,00 DRAINAGE MANHOLE 3,000.00 18" DIAMIJ, TER DRAINAGE PIPE 30.00 24" DIAMETER DRAINAGE PIPE 35.00 CONCRETE HEADWALL 1,600.00 CONCRE'IE CURBING (Straight) 6.50 £!ONCRE'[E CURBI]qG (Curved) 12.00 SURFACE', G 3/4" STONE BLEND or RCA BASE 40.00 ASPHALT BINDER,COURSE (2 Vz") 40.00 ASPltAI.T WEARING COURSE (1 ½") 40.00 CONCRETE DKIVEWAY APRONS 25.00 VINYL CLAD CHAIN LINK FENCE 25.00 6'x10' CIIAIN LINK GATE 900.00 STREET TILEES 200,00 SCREEN PLANTING ~ BASIN 100.00 TOPSOIL & SEED 2.50 CONCRETE SURVEY MONUMENTS 100.00 STREET SIGNS 200.00 STREET LIGIqT 2,000.00 I)IRECT BURIAL CABLE 2.00 MAINTENANCE & PROTECTION OF TRAFFIC $ 6,560.00 100% 0.00 10,065,00 100% 0.00 16,000.00 100% 0.00 6,600.00 100% 0.00 2,515.00 100% 0.00 21,000.00 100% 0.00 12,000.00 100% 0.00 29,700.00 100% 0.00 8.750.00 100% 0.00 3,200.00 100% 0.00 13,400.00 100% 0.00 11,550.00 100°/r, 0.00 22,440.00 38% 14,000.00 27,940.00 38% 19,600.00 16,840.00 00% 16,840.01) 3,750.00 00% 3,750.00 I 8,500.00 100% 0.00 900.00 100% 0.00 15,200.00 45% 8,400.00 14,800.00 909¢ 1,480.00 15,535.00 20% 12,500.00 2, 100.00 00% 2,100.00 1,000.00 00% 1,000.00 6,000.00 00% 6,000.0(} 1,750 00 00% 1,750.00 1,500,00 00q,0 1,500.00 REMAINING BOND TOTAL $ 88,920.011 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS CEORGE RITCHIE LATIL~M, JR. RICHARD CAGGIANO ~Pown Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fa~ (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 15, 2001 Ms. Donna Geraghty 22655 Soundview Avenue Southold, NY 11971 Re: Summit Estates Major Subclivision SCTM#1000-35-8-5 3 Dear Ms. Geraghty: The following took place at a meeting of the Southold Town Planning Board on Monday, May 14, 2001: WHEREAS, this subdivision was divided up into four subdivision sections and two road and drainage improvements phases; and WHEREAS, a considerable amount of work has been completed on Phase I of the improvements, including all of the drainage improvements; and WHEREAS, the Planning Board is expecting a Phase II bond estimate as part of the final subdivision application for the remaining sections of the subdivision; be it therefore RESOLVED, that the Southold Town Planning Board adopt the revised bond estimate prepared by the Town Engineer of $88,920.00 for Phase 1 of Summit Estates, and recommend the same to the Town Board. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Town Clerk JEAN W. COCHRAN SUPERVISOR IOWN ItAI I - 53095 blAIN ROAD Fax 016)-765- 1366 JAMES A. RICHTER, R. iENGINE ER TOWN OF SOUTI [OI.D, NEW YORK I I97l l'el. t516) - 765 - 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE SUMMIT ESTATES A'F EAST MARION, TOWN OF SOUTHOLD SCTM # 1000-35-08-5.3 REVISED BOND "PHASE -# 1" May 7, 2001 HAY 0 9 2001 $outhold Town Plannlr Board PHASE - # 1 ITEM QUANTITY I 2.5 ACRE 2 5,050 CY 3. 8,000 C Y 4 1,100 C.Y. 5 5,050 S.Y 6 7 EACH 7 4 EACtl 8 990 L.F. 9 250 L.F 10. 2 EACH 2,060 LF 960 LF. 13 561 C.Y. 14. 698 TONS 15 421 TONS !6 150 S.Y 17. 740 L.F 18. I EACH 19. 76 EACH 20. 148 EACII 21 6.215 SY 22. 21 EACtl 23 5 EA(?I I 24 3 EACH 25 $75 LF. 26. JOB DESCRIPTION UNIT PRICE CLEARING & GRUBBING $ 2,650.00 STOCKPILING TOPSOIL 2.00 EXCAV. ~ RECttARGE BASIN 2.00 UNCLASSIFIED EXCAVATION 6.00 FIN E GRADING 0.50 DRAINAGE CATCH BASINS 3,000,00 DRAINAGE MANHOLE 3,000,00 18" DIAMETER DRAINAGE PIPE 30.00 24" DIAMETER DRAINAGE PIPE 35.00 CONCRETE HEAD\VALL 1,600.00 CONCRETE CURB]:NG (Straight) 6.50 CONCRETE CURBING (Curved) I2.00 SURFACINC4 V2' STONE BLEND or RCA BASE 40.00 ASPHALT BINDER COURSE - (2 ½" ) 40.00 ASP}IALT WEARING COURSE (1 ½') 40.00 CONCREq'E DRIVEWAY APRONS 25.0(1 VINYl, CLAD CHAIN LINK FENCE 25.00 6'x 10' CIIAIN LINK GATE 900,00 STREET TREES 200.00 SCREEN PLANTING ¢~ BASIN 100.00 TOPSOIL & SEED 2.50 CONCRETE SURVEY MONUMENTS 100.00 STREET SIGNS 200.00 S I'REET LIGHT 2,00000 DIRECT BURIAL CABLE 2.00 MAINTENANCE & PROTECTION OF TRAFFIC PHASE -# i (+~-) % AMOUNT AMOUNT COMPLETE REFvlA~NG 6,560.00 100% 0.00 0,065.00 100% 0.00 6,000.00 100°,¥ 0.00 6,600.00 100% 0.00 2,515.00 100% 0.00 2 t ,000.00 100o, 4 0,00 12,000.00 100% 0.00 29,700.00 100% 0.00 8,750.00 100% 0.00 3,200.00 100% 0.00 13,400.00 100% 0.00 I 1,550.00 100% 0.00 22,440.00 38% 14,000.00 27,940.00 38% 19,600.00 16,840.00 00% 16,840.00 3,750,00 00% 3,750.00 18,500.00 100% 0.00 900.00 100% 0.00 15,200.00 45% 8,400.00 14,800.00 90% 1,480.00 I5,535.00 20% 12,500.00 2, I00.00 00% 2,100.00 1,000.00 00% 1,000.00 6,000.00 00% 6,000.00 1,750.00 00% 1,750.00 1,500.00 00% 1,500.00 REMAINING BOND TOTAI~ $ 88,920.00 JEAN W. COCHRAN SUPERVISOR I'OWN IIAII 53095 MAIN ROAD Fax (5163-765- 1366 JAMES A. RICHTER, R.A. ENGINEER T()kVN OF SOI.JTIIOI D, NI{W YORK 1197I Tel (5161- 765 - 1560 OFFICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE SUMMIT ESTATES AT EAST MARION, TOWN OF SOUTHOLD SCTM # 1000-35-08-5.3 REVISED BOND "PHASE -# 1" May 7, 2001 / out aoid l'own ' :' , qnq. Board PHASE - # 1 ITEM QUANTITY i 25 ACRE 2. 5,050 C.Y. 3 8,000 C Y. 4 1,100 C.Y 5 5,05(t SY 6 7 EAC}I 7 4 EACI I 8. 99t) I..F 9. 250 I,F 10. 2 EACH I I. 2,060 I..F 12 960 L F. I3 561 C.Y. 14 6!)8 TONS 15 421 TONS !5¢~ SY 17 740 L.F. 18 I EACII 19 76 EACII 20 148 EACII 21 6215 S.Y. 22 21 EAClt 23 5 EACH 24 3 EACI 1 25 875 J,F 26 JOB DESCRIPTION UNIT PRICE (LEARING & GRUBBING $ 2,650.00 STOCKPILING TOPSOIL 2.00 EXCAV (~& RECHARGE BASIN 2.00 UNCLASSIFIED EXCAVATION 6.00 FINE GRADING 0.50 DRAINAGE CATCIt BASINS 3,000.00 DRAINAGE MANHOLE 3,000.00 18" DIAMETER DRAINAGE PIPE 30.00 24" DIAMETER DRAINAGE PIPE 35.00 CONCRETE HEADWALL 1,600.00 CONCRETE CURBING (Straight) 6.50 CONCRETE CURBING (Curved) 12.00 SURFACING 5~" STONE BLEND or RCA BASE 4000 ASPHALT BINDER COURSE (2 ½') 40.00 ASPllALT WEARING COURSE- (I ½") 40.00 CONCRETE DRIVEWAY APRONS 2500 VINYL CLAD CHAIN LINK FENCE 25.00 6'x10' CHAIN LINK GATE 900.00 STREET TREES 200.00 SCREEN PLANTING (:~ BASIN 100.00 TOPSOIL & SEED 2.50 (ONCRETE SURVEY MONUMENTS 100.00 STREET SIGNS 200.00 STREET LIGHT 2,000.00 DIRECT BURIAL CABLE 2.00 MAINTENANCE & PROTECTION OF TRAFFIC PHASE- # I (+/4 % AMOUNT AMOUNT COMPLETE REMAIMN~. $ 6,560.00 10,065.00 16,00000 6,600.00 2,515.00 21,000.00 12,000.00 29,700.00 8,75000 3,200.00 13,400.00 II,550.00 22,440.00 27,940.00 16,840.00 3,750.00 18,500.00 900.00 15,200.00 14,8110.00 I5,535.00 2,100.00 1,000.00 6,000.00 1,750.00 1,500.00 100% I00% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 38% 38% 00% OO% 100% 100% 45% 90% 20% 00% 00% 00% 00% 00% 0.00 0.00 0.00 0.00 0,00 0,00 0.00 O.00 0.00 0.00 0.00 0.00 14,000,00 19,600.00 16,840.00 3.750.00 0.00 0.00 8,400.00 1,480.00 12,500.00 2,100.00 1,000.00 6,000.00 1,750.00 1,500.00 REMAINING BOND TOTAL $ 88,920.00 PLANNING BOARD MEMB~ BENNETT ORLOWSKI, JR. Chairn, an WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAxM, gR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. James Richter Office of the Town Engineer Town of Southold P.O. Box 1179 Southold, NY 11971-0959 2001 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review: Application Name: Tax Map Number: Street Location: Hamlet Location: Type of Application: Sketch Subdivision Map Preliminary Subdivision Map Final Subdivision Map (Dated: (Dated: (Dated: Road Profiles Grading and Drainage Plans Other (Dated: (Dated: (Dated: Sketch Site Plan Preliminary Site Plan (Dated: (Dated: Grading and Drainage Plans (Dated: Other (Dated: Comments: 'Plea~ ,'~.~/~.~ n.~ n~emO, ~ ~ ~ Contact Person: RAYMOND L. JACOBS HIG'A'WAY S 765-3140 0FFICZ OF TF.E ~IGLNET_Z{ TOWN OF SOUT~OLD SUPPLEMENTAL BOND ESTIMATE FOR SUMMIT ESTATES EAST MARION SCTM 3 1000-35-08-5.3 FEBRUARY 25, 1993 ITEM 2. 3. 4. 5. 6. 7. 8. o 10. 11. 12. 13. 14. 15. 16 17 18 19 20 .21 · 22 23 24. 25. 26. PHASE I 55 % 55 % 100 % 55 % 55 % 70 % 8O % 6O % 100 % 100 % 55 % 55 % 55 % 55 % 55% 50 % 100 ~ 100 % 55 % 100 % 55 % 55 % 50 % 50 % 50 % PHASE I AMOUNT 6,560.00 10,065.00 16,000.00 6,600.00 2,515.00 21,000.00 12,000.00 29 700.00 8 750.00 3 200.00 13 400.00 11 550 00 22 440 00 27 940 00 16 830 00 3,750 00 18,500 O0 900 00 15,070 00 14,800.00 15,535.00 2,090.00 1,000.00 6,000.00 1,750.00 1,500.00 SUB-TOTAL: $ 289,445.00 + 6% ADMINISTRATION FEE: 17,367.OO TOTAL: $ 306.812.00 SEE BOND ESTIMATE DATED 2/21/92 FOR ITEM DESCRIPTIONS AND QUANTITIES. JA~S A. 1LICRTL~ ~GII~G LNS2ECTOR 765-3070 PHASE II AMOUNT $ 5,365.00 8,235.00 5,400.00 2,060.00 9,000.00 3,000.00 19,800.00 10,975.00 9,450.00 18,360.00 22,860.00 13,770.00 3,750.00 12,330.00 12~715.00 1,710.00 ; 1,000.00 6,000.00 1,750.00 1,500.00 $ 169,030.00 10,141.00 $: 179,171.00 76.5-3140 RAYMOND L. JACOBS SUPERINTENDENT OF HIGHWAYS 05?ICE OF THE ENGINEER TOWN OF SOUTHOLD BOND ESTIMATE FOR SUMMIT ESTATES EAST MARION SCTM # 1000-35-08-5.3 ]FEBRUARY 21, 1992 JAMES A. RICHTER ENGINEERING INSPECTOR 765-3070 ITEM 1. 2. 3. 4. 5. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. QUANTITY 4.5 ACRE 9,150 S.Y. 8,0O0 C.Y. 2,000 C.Y. 9,150 S.Y. 10 EA. 5 EA. 1,650 L.F. 250 L.F. 2 EA. 3,750 L.F. 1,750 L.F. 1,020 C.Y. 1,270 TONS 765 TONS 300 S.Y. 740 L.F. 1EA. 137 EA. 148 EA. 11,300 S.Y. 38 EA. 10 EA. 6EA. 1,750 L.F. JOB DESCRIPTION CLEARING & GRUBBING $ 2,650.00 STRIPPING & STOCKPILING (TOPSOIL) 2.00 F~XCAVATION @ tLECHARGE BASIN 2.00 UNCLASSIFIED EXCAVATION 6.00 FINE GRADING 0.50 DRAINAGE: CATCH BAS I?;S 3,000.00 MANHOLES 3,000.00 t8" ~ C.M..P. 30.00 24" ~ C.M..P. 35.00 CONCtLETE Ht~J~DWALLS 1,600.00 CONCILETE CIFRBING (STRAIGHT) 6.50 CONCRETE CURBING (CURVED) 12.00 SURFACING: 3/4" STONE BL~ND or CRUSHED CONCRETE 40.00 2½" ASPHALT BINDER COURSE 40.00 1%" ASPHALT WEARING COURSE 40.00 DRIVEWAY APRONS 25.. O0 VINYL CLAD CHAIN LINK FENCE 25..00 6' x. 10' VIi~YL CLAD CHAIN LINK GATE 900.00 STREET TREES 200.00 SCREEN PLA~TING (RECHARGE BASIN) 100.00 TOPSOIL & SEED 2.50 CONCRETE SURVEY MONUMENTS 100 · O0 STREET SIGNS 200. O0 STtLEETLIGHT FIXTURE & STANDARD 2,000.00 DIRECT BURIAL CABLE (AWG # 6) 2.00 PROTECTION & MAINTENANCE OF TRAFFIC - UNIT PRICE COST 11,925.00 18,300.00 16,000.00 12,000.00 4,575.00 30,000.0O 15,000.00 49,500.00 8,750.00 3,200.00 24,375.00 21,000.00 40,800.00 50,800.00 30,600.00 7,500.00 18,500.00 900.00 27,400.00 14,800.00 28,250.00 3,800.00 2,000.00 12,000.00 3,500.00 3,000.00 SUB-TOTAL $ 458,475.00 + 6% ADMINISTRATION FEE $ 27,508.00 * UNDREGROUND INSTALLATIONS NOT INCLUDED ~ TOTAL $ 485,983.00 ELIZABE'FH A. NEVILLE TOWN CLERK RF, G IS'I IL4 R OF VITAL STATISTICS MARRIAGE OFFICER LIE( ORDS MANAGEMENT OFFI( ER FREEDOM OF INFOI{MATION OFI.qCEI{ Town Ha[t. 53095 Main Road P O. Box :[179 Southoh:l, New York 11971 F~-x ,1631) 765-6145 Telephone (631! 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 12, 2000: RESOLVED that the Town Board of the Town of Southold hereby approves the extension of the subdivision perl'omiance bond for the completion of roads and drainage improvements in thc subdivision known as Summit Estates, Section l at East Marion for a six month period of time to ~xpire on June 7, 2001, as recommended by the Town Engineer and Superintendent of Highways, subject to thc approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk GUSMAR REALTY CORP. i3-15 37va AVENUE LONG ISLAND CITY, N.Y. 11101 TEL: 718-392-6858 FAX: 718-729-4160 TOTAL N'UMBER OF PAGES TRANSMITTED INCLUDING COVER SHEET REMARKS: GUSMAR REALTY CORP. 13-15 37m AVENUE LONG ISLAND CITY, N.Y. 11101 TEL: 718-392-6858/FAX: 718-729-4160 December 6. 2000 Plant. lng Board T,wn of SouL~holcl Suffolk County 'rvwn Pie:l, 55095 State Route 25 Box 1 ~79 Sou'tb2told, New YorR 11971-0959 Ar~¢nriom Craig Turner Re: Performance Gaaxant~ for Summit Estates Bond # B93-000461 fi:om Ulico Casualty Co. SCTM # Dear Mr. Turner: Enelesed please 5nd the renewal bond for the above mentioned subdivision. Should you require any further information please do not hesitate zo call. Dot'ma Neubauer for Oasma~ Realty Corp. Fax,TEDEX ULICO CASUALTY COMPANY RIDER Ty~e ~ ~nd: SUB~IVISION ~ERFORMANC~PAYM~T BOND Bo~ No: B~004~1 Principal: ~USM~ R~ CORPO~TION ;~ ~vor ~; TOW~OF ~~ a~ da~d JUNE 7~ ~ c~sidera~on ~ ~e premium c~rged ~r ~e ~ch~ bond, REN~ THE ABOVE BOND FOR A PERIOD OF From: t~07~ To: 0~/071~ T~e a~ch~ ~nd ~hall be subj~t ~ all i~ sgre~en~, begin ~pr~s[y Th~s rlderls ~e~e _ DECEMBER ? Signed and Sea~ _ DECEMBER 1, GUSMA/~REALTY CORPORATION ~-~AM E &'-rrr-~") ULICO CASUALTY COMPANY BY:~.FAOT ULICO CASUALTY COMPANY POWER OF ATTORSrEY Stats of CA.L~mOP, N'IA County of ORAXGE On D~;mber i ,2000 i~efore me, SUSAN A. FARIES, NOTARY P~C ~cr~o~ally ~ppeare~ THO~S E. ~LL [] personally ~now¢' ','o me, OR.. ~..~ proved to me on the basis of sadsfau-tory evidence to 0e the person(s) whose name(s) is/are subso~ed to the within instrument end acknowledged to me t~at he/eP~/they exacuta~l the same In his/her/their authorized oe~acity(l~t),, and that by hisiheflthelr signatIjre(s) on the Instrument [he person(s), or the entity upon t~ehBif of w~lch the perso~(e) acted, exerted the instrument, WITNESS my hah nd officl~---"'~'D'. OPTIONAL Though the data beiow is not required by :aw, it may prove vaiuab[e tc persons relying on the document and cou ~ ~r'event fraudulert realtachmant of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF A'rFACHED DOCUMENT iNDIVIDUAL CORPORATE OFFICER PARTNER(S) ~ LIMITED GENERAL AT'FCRNEY-IN-FAC? TRUSTEE(S) GWARDIAN/CONOERVATO R OTHER: TITLE OR TYPE CF DOCUMENT NUMBER OF PAGES 81GNER I$ REPRESENTING: ULICO CASUAL'I, 7' COMPA},D/ / DATE OF DOCUMENT SIGNER(3;) OTHER THAN NAMED ABOVE ELIZABETH A. NEVILLE TOWN CLERK REGIS'rRA[>~ OF' VITAI, STATISTIC,'-; MAI~RIAGE OFFICER UECORDS M_A~NAGEMENT OFFICEI~ FREEDOM OF INFORMATION OFFICER Town llalL 53095 Main Road P.O. Box 1179 Southold. New York 1197:[ Fax ((il} 1) 765-6145 Telephorle (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT TIlE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 28, 2000: RESOLVED that thc Town Board of the Town of Southold hereby grants a three month extension from December 7, 2000 to March 7, 2001 of the performance bond for the completion of roads and drainage improvements in the subdivision known as Summit Estates, Section I, as rccommended by the Southold Town Planning Board; and bc it FURTHER RESOLVED that the Town Board hereby authorizes and directs the Town Attorney lo draw upon the $289.445.00 Ulico Casualty Company Performance Bond if thc Phase n Bond is not received by 12:00 P.M. Noon, Thursday, December 7, 2000. Elizabeth A. Neville Southold Town Clerk PLANNING BOARD MEMBE~ BENNETT ORLOWSK1, ,JR. Chairman KENNETlt L. EDWARDS GEORGE PdT(HIE LATHAIVl, JR. RICHARD CAGGIANO Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, Nt~w York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMO TO: FROM: RE: DATE: Elizabeth Neville, Town Clerk Craig Turner, Planner Upcoming Bond Expirations Summit Estates Phase I (SCTM # 1000-35-8-5.3) Richmond Shores (SCTM # 1000-86-1-(4.1-4.30)) November 17, 2000 The bond for Summit Estates will expire on December 7, 2000. We have had problems in the past with this developer submitting three-month extensions. This time, the Planning Board feels that a three-month extension would be appropriate. 'The developer has recently submitted a check to reopen the remaining sections of the subdivision. To complete these sections the developer must submit a Phase II bond. Since, the remaining roadwork will not be done until the homes are built, the Planning Board would like to see the remaining requirements added to the Phase II bond, and the Phase I bond would be let go. Therefore, the Planning Board would recommend that the Town Board accept another short extension. This should provide enough time to prepare the Phase II bond. Also, since the remaining sections can be held from approval until the acceptance of a new bond, the existing bond should not need to be seized if the renewal fails to arrive. However, we do request that a resolution be placed on the Town Board agenda for the November 28 meeting that the bond should be seized if not received by noon of December 7. This will provide insurance in case a problem arises. The Richmond Shores bond expires on December 31, 2000. This developer has only recently begun constructing the road improvements for the subdivision. Please put this on the Town Board calendar for the December 28 meeting to seize the bond if not received by noon of December 31. PLANNING BOARD MEMBE~ B['2NNETT ()I~LO\V~KI, ,IlL Town Hall, 5',]095 State Route 25 P.O. Box 1179 Sou(hold, New York 11971-0959 Fax ¢631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD CERTIFIED MAlL November 8, 2000 Donna Geraghty / Donna Neubauer Gusmar Realty Corp. 13-15 37th Avenue Long Island City, NY 11101 Performance Guarantee for Summit Estates Bond #B93-000461 from Ulico Casualty Co. SCTM # 1000-35-8-5.3 To Whom It May Concern, The extension of the abovementioned bond is due to expire on December 7, 2000. Since the improvements have not been completed, you must extend the guarantee. An extension of the guarantee must be submitted before the expiration date This bond has been repeatedly extended for a period of three months against the recommendation of the Planning Board. The Board asks that the bond b,e extended for at least six months. If this is done, the Board would be willing to reduce the amount of the bond when the next expiration (late arrives. As the reduction would be substantial, we believe that it would be in your best interest to increase the extension time of the bond. You have recently reapplied to reopen the subdivision process on Sections 2 and 3 of Summit Estates. Please note that a failure to renew the bond will cause problems in the completion of the rest of the subdivision. Please contact this office if you have any questions. Sincerely, Craig Turner Planner ELIZABETH A. NEVILLE TOWN CLERK REGISTP~Mi OF VIT^L STATIS'[ iCS MARRIAGE OFFI(ER RECONDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main~Ro~d~ P.O. Box 1179 Southold. New York 11971 Fax ~631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON OCTOBER 10, 2000: RESOLVED that the Town Board of the Town of Southold hereby grants a three month extension from September 7, 2000 to December 7, 2000 of the performance bond for the completion of roads and drainage improvements in the subdivision known as Summit Estates, Section I, as recommended by the Town Engineer and Superintendent of Highways, subject to the approval of the Town Attorney. Southold Town Clerk October 10, 2000 OCT 1 3 2000 PI~NNING BOARD MEMBl~ }~I:;NNI;r["I' ORIX)WSKI, JR Town Hall, 53095 State Rout, c 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephot:te ( 631) 765-1938 PLAdqNING BOARD OFFICE TOWN OF SOUTHOLD MEMO TO: FROM: RE: D ATE: Elizabeth Neville, Town Clerk Craig Turner, Planner Summit Estates Phase I Performance Bond Extension SCTM # 1000-35-8-5.3 (East Marion) October 2, 2000 I have attached the revised performance bond extension for Phase I of the Summit Estates road and drainage improvements. The Planning Board, in consultation with the Town Engineer, has approved the extension because of the limited amount of work left on the project. They will not accept three-month extensions for any other projects. The fact that other future sections of the project are dependent upon completion of the first phase of improvements is also a factor. Please place this on the Town Board agenda for adoption at the next available meeting. CT GUSMAR REALTY CORP. 13-15 37AVENUE LONG ISLAND CITY, N.Y. 11101 718-392-6858 FAX 718-729-4160 September 27, 2000 Town of Southold Planning Board Town Hall, 53095 State Route ?-5 P.O. Box 1179 Southold, New York 11971 Attention: Craig Turner Re: Performance Guarantee for Summit Estates, Performance Bond Phase 1 SCTM# 1000-35-8-5.3 Dear Mr. Turner: Enclosed please find the corrected bond for the above-mentioned project:. At your convenience please forward to our office the incorrect bond so that it can be returned to the bonding company. Thank you. Should you have any questions please feel free to contact us. Sincerely, Donna Neubaure for Gusmar Realty Corp. S[JMESTB4 Enclosure OCT 2000 Southold lo~n Pfa~ming Board ULICO CASUALTY COMPANY RIDER To be attached to and form a part of Type of Bond: SUBDIVISION PERFORMANCE/PAYMENT BOND Bond No: 1393-000461 Principal: OUSMAR REALTY CORPORATION In favor of: TOWN OF SOUTHOLD, NY and dated JUNE 7~1993 In consideration of the premium charged for the attached bond, it is hereby agreed to amend the attached bond as follows: RENEW THE ABOVE BOND FOR A PERIOD OF THREE (3) MONTHS From: 09/07/2000 To: 12/0712000 The attached bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified, This rider is effective SEPTEMBER 7, 2000 Signed and Sealed SEPTEMBER '19, 2000 GUSM~EALTY CORPORATION - I (NAME & TITI~E) ULICO CASUALTY COMPANY BY: THOMAS H. TYRELL, AT'I~RNEY-IN-FACT ULICO CASUALTY COMPANY R105 POWER OF ATTORNEY In V~ltness Whereof, Ulico Ca.sualt7 Company of Dover, Delaware, has mused this Power of Attorney to be signed by its Chaimmn and Chief Executive Officer and its Coq~orate seal to be affixed this 1st day of June, 1999 This Po'~er of Altorney ks void unless the seal is readable, the text is in black ink, the sigJ~atures are in black ink, and tiffs re)rice is in red ink. This Po'der of ~Mtorney is void if attached to a document executed subsequent to March 31, 2001. Ulico Casualty Compacl~ , In Testimony '&l~ereof, 1 imave hereunto set my hard, and affixcA my official seal at Washington, DC the day and year above wrilxen. NOtal~Public, District of Columbia ~i), Commi=ion Expires ~iarch CERT]lq'ICATION I, Joseph A Carabillo. Assistant Secretary of Ulico Casualty Company of Dover, Delaware, do hereby certify mat the foregoing Resoluaon adopted by the Board of Directors of this Corporation and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Powers of Auorney are in full force and effect da Josep~ Carabillo, Assistant Secret.~y UCB- 102-REV.POA (06/99) ', ...~,~, · CALIFORNIA ALL-PURPOSE JOWLEDGMENT NO 5907 State of CALIFORNIA County of ORANG};. On Scptembcr 19 2000 before me, SUSAN A. FAR1ES, NOTARY PUBLIC DATE NAME, TITLE OF OFFICER - E G , "JANE DOE NOTARY PUBLIC'r personally appeared THOMAS IL TYREI,L NAME(S) OF SIGNER(S) [] personally known to me - OR - [] proved to me on the basis of satisfactory evidence te be the person(s) SUSA. ^. COMMISSION #1164482 Nota~ Public - Calilomia ORANGE COUN~ ~ Gommlssion whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hanp-,gnd officiaLAE~ff-~- SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons reiying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S/ ~] PARTNER(S) [] LIMITED bJ GENERAL [] A~q-ORN EY-IN-FACT TRUSTEE(S) [] GUARDIAN/CONSERVATOR OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) ULICO CASUALTY COMPANY DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S~,067/GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave, FO Box 7184 · Canoga Park CA 91309-7184 GUSMAR REALTY CORP. 13-15 37 AVENUE LONG ISLAND CITY, NY 11101 718-392-6858 FAX 718-'/29-4160 Augustl5,2000 Town of Southold Planning Board 53095 State Route PO Box 1179 Southold, NY 11971 Attn: G-reg Turner Southoid Town Planning Board RE: Summit Es'tales East Marion, NY Bond B93-000461 Dear Mr. Turner: Please be advised we have completed the improvements required by the referenced bond with the exception of the top coat of asphalt, We would like you to go over and inspect the improvements made for a reduction in the bond. Thanking you in advance Should you have any questions, please feel flee to contact us. Sincerely, Donna Geraghty for Cmsmar Realty Corp. PLANNING BOARD MEMBE0 BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS BLENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 August15,2000 Ms. Donna Geraghty 22655 Soundview Avenue Southold, NY 11971 Re: Performance Guarantee for Summit Estates, Performance Bond - Phase I SCTM#1000-35-8-5.3 Dear Ms. Geraghty: The performance guarantee for the subdivision of Summit Estates Phase I (Bond #B93-000461 with the Ulico Casualty Co.) is due to expire on September 7, 2000. Since the improvements have not been completed, you must extend the guarantee for at least another year. An extension of this guarantee must be submitted to this office before the expiration date. Please extend for longer than three months. Due to the timing of the Town Board's meetings, if the extension is not received by noon of August 23, 2000, there will be a resolution before the Town Board on August 29th to authorize the Town to draw on the bond if the extension is not received by noon of September 7, 2000. Please contact this office if you have any questions regarding the above. Planner cc: Elizabeth A. Neville, Town Clerk PLANNING BOARD MEMBF~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD CAGGIAN0 Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ooo James Richter Engineering Department Southold Town Hall Southold, NY 11971 Dear Mr. Richter: The Southold Town Planning Board hereby refers the following application for your review. Application Name: Tax Map No.: Street Location: Hamlet Location: Type of Application: Sketch Subdivision Map (Dated / / Preliminary Subdivision Map (Dated / / Final Subdivision Map (Dated / / Road Profiles (Dated / / Grading and Drainage Plans (Bated / / Other (Bated / / Sketch Site Plan Preliminary Site Plan (Dated / / (Dated / / Grading and Drainage Plans (Dated / / Other (Dated / Comments ~.~ ~¢~z.~- ~/~ % ~.~ ~1~ ~r~ GUSMAR REALTY CORP. 13-15 37TM AVENUE LONG ISLAND CITY, N.Y. 11101 TEL: 718-392-6858 June 6, 2000 Town Hall, 53095 State Route 25 Southold, New York 11971 Attn: Melissa Spiro Re: Performance Guarantee for Summit Estates, Performance Bond- Phase I Dear Ms. Spiro: Enclosed, please find the renewal of the above mentioned bond. Should you have any questions, please do not hesitate to contact me. Donna Neubauer for GUSMAR REALTY CORP. pb JUN 0 7 2000 Southold Town Planning Board FROM : SOUTHOLD TOWN PLANNING FAX NO. : 516 765 ~136 Ma~. 17 2E~ 08:26RM P1 PLANNING BOARD M EMBERS ~:IENN ETT OB, LOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LA'£HAM, JR. RICHARD CAGGIANO Town Hall, 53095 S£a{~ Route 25 Southold, New York 11971-0959 Fax (631) 765.3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Via Facsimile: 7181391-0939 May 17, 2000 Ms. Donna Geraghty 13-'1.5 37th Avenue Long Island City, NY 11101 Re: Performance Guarantee for Summit Estates, Performance Bond - Phase I SCTIVI~1000-35-8-5.3 Dear Ms. Geraghty: The performance guarantee for the subdivision of Summit Estates Phase I (Bond #B93-000461 with the Ulico Casualty Co.) is due to expire on June 7, 2000. Since the improvements have not been completed, you.must extend the guarantee for at least another year. An extension of this guarantee must be submitted to this office before the expiration date. Due to the timing of the Town Board's meetings, if the extension is not received by noon of May 31, 2000, there will be a resolution before the Town Board on June 6th to authorize the Town to draw on the bond if the extension is not received by noon of June 7, 2000. Please contact this office if you have any questions regarding the above. Planner cc: Elizabeth A, Neville, Town Clerk ULICO CASUALTY COMPANY RIDER To be-attached to and form a part of Type of Bond: Bond No: Principal: In favor of: and dated SUBDIVISION PERFORMANCE/PAYMENT BOND B98-000461 OUSMAR REALTY CORPORATION TOWN OF SOUTHOLD. NY JUNE 7, 2000 In consideration of the premium charged for the attached bond, it is hereby agreed to amend the attached bond as follows: RENEW THE ABOVE BOND FOR A PERIOD OF THREE (3) MONTHS. FROM: 06107/2000 TO: 0910712000 The attached bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. This rider is effective JUNE 7, 2000 Signed and Sealed JUNE 5, 2000 ULICO CASUALTY COMPANY BY: ~ACT 901 5/95 dP qF~NIA ALL · - -PURPOSE ACJ~OWLEDGMENT State of CALIFORNIA County of ORANGE On June 5 2000 before me, SUSAN A. FARIES DATE NAME, TITLE OF OFFICER - E.G. "JANE DOE. NOTARY PUBLIC" personally appeared THOMAS H. TYP~LL .......................................................................... No. 590~ [] personally known to me - OR - [] COMMISSION #1164482 Notmy Public - California ORANGE COUNTY M Commission Expires NAME(S) OF SIGNER(S) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hedtheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official s I.p..C.L~ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE(S) [] PARTNER(S) ~ LIMITED GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] GUARDIAN/CONSERVATOR [] OTHER: TITLE OR TYPE OF DOCUMENT NUMBER OFPAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTiTY(lES) DATE OFDOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE S-40O7/GEEF 2/98 © 1993 NATIONAL NOTARY ASSOCIATION · 8236 Remmet Ave., P.O. Sox 7184 · Canoga Park, CA 91309-7184 ULICO ASUALTY COMPANY 111 Massachusetts Avenue, N.W. Washington, DC 20001 R061 POWER OF ATTORNEY Know All Men By Th. ese Pre. mm: That Ulico Carnally Company. A Delaware Corporation, having iL principal office in W~shington, DC, pursuant m the following resolution, adopted by the Board of D irecaors of the Corporation effective on the 28th day of January, 1993: RESOLVED: 'That the Chairman and Chief Executive Officer be, and hereby is. authorized to execute Powers-of-Attorney, qualifying the atlorney named in the powers-of- Attorney to execute on behalf of the Corporation contract bends and other relal~d surety bonds, and to attach thereto the corporate seal of the Corporation, in the tramaction of its RESOLVED: "Tlmt the sigratures and aRestations of such officers and the seal of the Corporation may be affixed to any such Power-of-Attorney or m any certificate relating ~ereto by facsimile, and any such Power-of-Attorney or certificate bearing such fac.simile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or o~er related surety bond to which it is allacl~i. ' This Power of Attorney is signed and se~led in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: Thomas H. Tyr~ll, of Ulico Standard of Amerim Casualty Company, of Chino, in the State of California, it~ tree and lawful Allom~y(s)-in-Fact with full power and authority hereby conferred in its name, place and stead to sign. execute, acimowledge and deliver in its behalf, and as it~ act and deed, without power of redelngation, as follows: la Withes Whereof, Ulico Casualty Company of Dover, Delaware, has caused this Power of Attorney to be signed by its Chairman and Chief Executive Officer and its Corporam seal to be affixed this 1st day of June, 1999. This Power of Attorney is void unless the seal is readable, the text is in black ink, the signatures are la black ink, and this notice is in red ink. This Power of Attorney is void if attached to a document executed subsequent to March 31, 2001. Ulico Casualty District of Columbia ss: ~ By: ~/.~/3~cag~. On this 1st day of June. 1999, before the subscriber, a Notary Public of the District of Columbia, duly comrmSSioned and quaX~ed, came Robert A. Georgine of Uiico Casualty .. l~_etal~tic,_ Di~trict..of .Col_u_mb_ia__. CERTI~CATION 5th ~ UCB- 102-REV.POA (06/99) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON JUNE 6. 2000: WHEREAS. the Town Clerk has not received the Continuance Certificate for the $289,~,q5.00 performance bond for major subdivision of Summit Estates, Section I, East Marion, New York, which bond expires on June 7, 2000; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Attorney to draw upon the $289,~5.00 Ulico Casualty Company Performance Bond if the Continuance Certificate is not received by 4:00 P.M., June 7, 2000. Southold Town Clerk June 6, 2000 JUN 0 9 2000 Southold Town Planning Board Jun. 6 20OO 1:09PM No.5550 P. ~ LONG I~,AND CITY, N.Y. II101 ' ' JUN u o zuuU .TEL. (718) 392..~858 FAX (718) 729-~I60 " ~'.AC$I~ILE C'OVER S~rEET.' DAT~: · ~ TOT.~L NT.,T~g'R OF PAGES T~4.N'$~II'/'I~D L"VCLrfD LN'G COVER S]~E, ET '~ =-~Jun. 6. 2000~ ]:IOPM '-~'~ ~,_~..v,~.,,~-~<z~ ~, ~ ,~,- No.5550 P. 2~'~ ~UU~/U~4 ULICO cASUALTY' COMPANY RID~ Ty~e Of Bored: Bo.d No: Principal: m mh~l,~mem I~IiI~RMAN~I~AYMEN'r'BOND JUNE 7. ~a JUNE ~,'~0~ .... UUCO OA~UALTY GOI~. 'ANY ~Jun. ~{1~ of No.5550 P. 3P.~ O~ JtmeS:2000. be~el~. EUSA.NA.F&PJBS p~*~malb, app~arM 1'~01,{,~ 1~. 1"Yin? ~ ..... ,,. , . .... : , Oi~i-IONAL . 'll~h ~ dill I~ i~ ~t req~d ~/.l~,v, R m~y ~ v~l~ a pa~n~ r~ylag a th~ ,4,,,~)m~ ~d ~ul¢l pr.vont fmudul~mt mattac~ment ef ~ ~m~. DEib3RIFTION OF AI~I'AOH~D DOOUMENT GAPA~ITY Gl. AIMED BY INDMOUAI. CO1~O1~'1~ OI=FICER 'm'L.i<l) ,.i;s J . [] PARTNER(S) [] I. IMFrF. D ~. DATE OF:~UMENT lION.a) O'TI. Ib'R'THAN NAMED ~-~Jun, 6. 2000:~ 1:12PM '-'~-~'q ==~_~-vz:~.x~..-~z~..; ~3;~ ~ ~a~7 ULICO .., CASUALTY COMPANY '. PGW] OF ATrOKN Y No.5550 P. 4~.~ ~ ~ IIIbt~l#, SSi ~ mdml ~ ~f fJIl~l~M* g~J~J~a~mj m mSmmm~ m mmm m '~' . immdd We tm~lm~mf m m mm ih mm, lmm m mm mm. m mm'mm ~ . .iMm M er Ammmmy im ~dd.~lmmm ~mm mind Im rmdmldm~ b Mim Imm bkml imm~ ~bm d~mmmmmm m h ~ ~*~ ~ ~ b m ~ ~ ,rdm t~m. et MIm vdf If mmmfnd mo m dmmmnm mmmd S m ldm~ ~l~ M~I. ~mmmm~ mm pmmmm~,lmu t bm m am dim dm Ommdm, mm m mmm m~.mmmm~,_ ,m~. ~_m _m._.~_m_ ~mm' _m~. Bmmblg%F m~ fm~m~, d~p~iJd 8If B emro IB~ k ~ dl~mmm dthl a ~ i mm k md ~l~m8 m mR mm m m m mm m~ d k Omqum w sram mmum mmdtm~mdu~'m mmf mdmdmd m mmW mt,/mmm m mm~dmm#$m'kU m m m $ m mo ~mlm~, Bdmmd m is from Immdll~ m I mm ¼ lorn.- ..?.. imiTmllmm~ Wlfu~ I Wu Immm~ m W Immd. md dbd # dflmW mi m WdJmJm, I~ tm # d ~ m m · / #.~malmmmi ij I~m erAlmmtl~l, h.' lummt~miJ, m m m m lind Im Jl~su'"m' m Im~ .l?m mM m m m m m m .. '.13-1S 37ra. AVEba. rE ~,' ~ ' ,__ :'i!~ LONG ISLAND CITY, N.Y. 11101 ' JUN u o zuoO ' TEL. (718) 392-~855 FAX (718) 729-4160 Southold I?AC$IMILE COYER SHEET.· · · DATE: - " TOT.-LL iNU'i~[BER OF PAG~ES P~XAR~S T~.N'$~fl'I'~D L'~CLU'DIk'N'G COVER UU/~UU/UU _U~3Z_.i,'~ YL443'/JU~{J NO. b~)bU ~. L ULICO cASUALTY' COMPANY RIDER To be If,,aohed to m"~ FOrm i i~trt of In o~sldml~oa of t~e pmmh, m~ ehml .ed for t~e attaCH bend, It Is here~ a~'eKI to amefld II~e R~N~I~ ~ ABOVE BOND FOR A I~PJ0O OF THREE FRO~ The ettacheCf bond =tall I~ m~l~ct 1~ ~ I1~ eemement~, iimltatlm~a ~nd ~oncll~lons exae~t is herlbl eKarll~ly modl~,lcl, rider I& effec.~ve ,Ju NI~ ?. ~OO UIICO OA8UAL~ C~O~ANY , CAL,., ORN,A, AU.d'U~OSE ACKNOWCr, DmaaNT N~,5550 ~. 3 P.~ No. j -~gfl.tf.u'o(e) off ~ hsfzu, flem tlu l~emo~s}, ~ t~o o~ upon beh~ ~ ~.~'m pereofl(o) ed~d~ exoo~ecl ~e rfletA~Tront, OPTIONAL prevent fraudulent mettAchme~t ef ~ fumt CAPAOITY GL, AIMED BY 81~NER IHOMDUAI,. CORPORATE OFFICER [] PARTNER(S) [] uMrr~ ATTORNBY-IN-~'ACT NUMBER OF PAO~ aIGNER 18 REPRESENTINO: DATE OF,DOOUMENT 8lONER(8) OTHER THAfl NAMED ABOVE ++ , ~-~Jun. No.5~50 P. 4~.~ '~dm ~'e,m~ ~ammm~ b m{mmmm m~ ~,mmm w~ ~mmm4mb mmmKl~Q ~ ,,~ ~m,e,m~ m, emmNwe ~m~ PLANNING BOARD MEMBER~ BENNETT ORLOWSKI, JR. ~ Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. ~.~ RICHARD CAGGIANO PLANNING BOARD OFFICE TOWN OF SOUTHOLD Via Facsimile: 718/ .... 030 May 17, 2000 Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 Ms. Donna Geraghty 13-15 37th Avenue Long Island City, NY 11101 Re: Performance Guarantee for Summit Estates, Performance Bond - Phase I S C TM# 1000-35 -8-5.3 Dear Ms. Geraghty: The performance guarantee for the subdivision of Summit Estates Phase I (Bond #B93-000461 with the Ulico Casualty Co.) is due to expire on June 7, 2000. Since the improvements have not been completed, you must extend the guarantee for at least another year. An extension of this guarantee must be submitted to this office before the expiration date. Due to the timing of the Town Board's meetings, if the extension is not received by noon of May 31,2000, there will be a resolution before the Town Board on June 6th to authorize the Town to draw on the bond if the extension is not received by noon of June 7, 2000. Please contact this office if you have any questions regarding the above. Sincerely, Melissa Spiro Planner cc: Elizabeth A. Neville, Town Clerk Scott A. Russell, Chairman Darline J. Duffy, Assessor Robert I. Scott Jr., Assessor November 9, 1999 BOARD OF ASSESSORS TOWN OF SOUTHOLD Southo!d Town Hall P.O. Box 1179, 53095 Main Road Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1937 Re: SCTM# 1000-38-7-12 Gusmar Realty Corp To Whom It May Concern: In regard to the above-referenced property the assessment and estimated taxes for the park and recreation for Summit Estates will be as follows: 2000/01 Estimated Assessment Taxes Land 3500 Imp 500 Total 4,000 $1,967.58 The increase of 500 in assessment for the dock contributes an additional $245.00 in tax dollars for the 2000/01 tax bill. The estimated taxes were calculated based onthe 1998/99-tax rate. If you have any questions, please do not hesitate to give me a call. RIS/cg Southold Town Planning Board ULICO CASUALTY COMPANY BOND RIDER To be attached to and form a part of: Bond No: B93-000461 Obligee: Subdivision Performance/Payment Bond Town of Southold, N Y Town Hall 53095 Main Road, PO Box 1179 Southold, NY 11971 Dated June 7,1993 In consideration of the premium charged for the above bond, it is hereby agreed to: Renew the above bond for a period of three (3) months. From: 03/0712000 To: 06107/2000 The above referenced bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. This rider is effective: March 7, 2000 Signed, Sealed and dated this 6~ day of March, 2000. Southold Town Planning Board GUSMAR REALTY CORPORATION · ' ~- · I (r~ame & title) ULICO CASUALTY COMPANY BY: THOMAS H. TYRELL, ~,'I-rO~NEY4N-FACT 901 5/95 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ) ON March 6, 2000 )~ COMM. NO. 1237377 · NOYAR¥ pIJBLIC.CALIFORNA ~ i ~ SArl BERNARDI~O COUNTY ~ ~ MY COMM. aXt IRE~ O3T. 15, 2002 before me, J. Aburto Notary Public, personally appeared, Thomas H. Tyrell personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose subscribed to the within instrmnent and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Sigfiatu~e of N~'t~ry ' - CAPACITY CLAIMED BY SIGNER [] INDIVIDUAL [] CORPORATE OFFICER DESCRIPTION OF DOCUMENT RIDER TITLE OR TYPE OF DOCUMENT TITLaE(S) El PARTNER(S): [] LIMITED [] GENERAL [] ATTORNEY-IN-FACT [] TRUSTEE(S) [] OTHER: ONE NUMBER OF PAGES MARCH 6, 2000 DATE OF DOCUMENT ULICO CASUALTY COMPANY 111 Massachusetts Avenue, N.W. Washington, DC 20001 R043 POWER OF ATTORNEY l{mow All Men By ~hese Presents: Tlmt Ulico Casualty Company, A Delaware Corporation, having its principal office in W~hington, DC, pursuant to the following resolution, adopted by the Board of Directors of the Corporation effective on the 28th day of Januao,, 1993: RESOLVED: 'That the Chairman and Chief Executive Officer be, and hereby is, authoriz~ to execute Powers-of-Auorney, qualifying the auorney t~aned in the Powers-of- Ataarney to execute on behalf of the Corporation conu-act bonds and other related surety bonds, and to anach thereto the corporate seal of the Corporation, in the traraaction of its RESOLVED: 'That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power-of-At~mey or to any certificate relating thereto by facsimile, and any such Power-of-Attorney or certificate bearing such fac.simile signatures and facsimile seal shall be valid and binding upon the Corporation when so af0xed with respect to any contract bond or other related surety bond m which it is auached.' This Power of Attorney ~s signed and sealed in fac.stmile under and by the authority of the above Resolution DOF.~ HEREBY MAKE, CONSTrrLrrE AND APPOINT: Tnorn~ H. Tyr~ll, of Ulico Standard of America Casualty Company, of Chino, in the State of California, its uae and lawful A~orney(s)=in-Fact with full power and authority hereby conferred in its name, place and stead to sign, execute, aclmowindge and deliver th its behalf, and as its act and deed, withtmt power of red¢lcgabon, as follows: This Power of Attorney is void unless the seal is readable, the text is in black ink, the signatures are in black ink, and this notice is in red ink. This Power of Attorney is void if attached to a document executed subsequent to March 31, 2001. Ulico Casualty Compa . Dislricl of Columbia ss: ~ By: No4af~Pebiic, District of Columbia biy Cmnm~bn [xpire~ ~arch :d, CERTIFICATION By: UCB- 102-P~EV.POA (06/99) ~ WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hedl, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-3136 Telephone (631) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD CERTIFIED MAlL November 16, 1999 Don,a Geraghty Victorian Realty 110 Front St. Greenport, NY 11944 Re: Pedormance Guarantee for Summit Estates, Performance Bond - Phase 1 SCTM# 1000-35-8-5.3 Dear Ms. Geraghty: The performance guarantee for the subdivision of Summit Estates Phase I (Bond #B93- 000461 with the Ulico Casualty Co.) is due to expire on December 7, 1999. Since the improvements have not been completed, you must extend the guarantee for at least another year. An extension of this guarantee must be submitted to this office before the expiration date. Due to the timing of the Town Board's meetings, if the extension is not received by Noon of December 2, 1999, there will be a resolution before the Town Board on December 7, to authorize the Town to draw on the bond if the extension is not received by Noon of December 7, 1999. Please contact this office if you have any questions regarding the above. Me~ Planner cc: Elizabeth Neville, Town Clerk PLANNING BOARD MEMBE0 BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCYIIE LATYIAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southo]d, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 28, 1999 Donna Geraghty Victorian Realty 110 Front Street Greenport, New York 11944 RE: Major Subdivision for Summit Estates, Sections 1,2, 3 & 4 SCTM# 1000-35-8-(5.4-5.18) & 38-7-(8-12) and Summit Estates, Section 4 SCTM# 1000-38-7-p/o 10 (a.k.a. SCTM# 1000-35-8-5.3) Dear Ms. Geraghty: The following took place at a meeting of the Southold Town Planning Board on Monday, September 27, 1999: The public hearing which was initiated on July 19, 1999, in accordance with Condition Number 11 of the Covenants and Restrictions, was closed. The following resolution was adopted: WHEREAS, in 1989, Gusmar Realty Corp. made an application to the Planning Board for a major subdivision of 35 lots on 40.822 acres to be know as Summit Estates; and WHEREAS, prior to the submission of the 35 lot subdivision, a residential dwelling and a dock existed on the property; and WHEREAS, after the Planning Board granted preliminary approval to the subdivision application, the Planning Board allowed the applicant to proceed with the final submission in four separate sections (Section 1: Lots 1-10, Section 2: Lots 11-23, Section 3: Lots 24-32 and Lots 34-35 and Section 4: Lot 33); and WHEREAS, the Planning Board granted final approval to Summit Estates, Section 1, on October 4, 1993; and WHEREAS, Summit Estates, Section 1, contained 10 lots on 17.5036 acres, in addition to three (3) parcels of Open Space (Parcel A, Parcel B, and Parcel C) Page 2 Summit Estates, Sections 1,2, 3 & 4 September 28, 1999 and one (1) parcel for a Park and Recreation Area (Parcel D), all subject to covenants and restrictions contained in a Declaration of Covenants and Restrictions recorded as part of the subdivision approval; and WHEREAS, Condition Number 11 of the Declaration of Covenants and Restrictions for Summit Estates reads as follows: "The dock, and any further expansion of such, cannot be conveyed separately from Lot No. 33 except by permission of the Southold Town Planning Board after a public hearing, and if such conveyance shall be allowed, it shall be to the owner(s) of the park and recreation area only." and WHEREAS, Lot No. 33, as of this date, is not an approved lot, but is a proposed lot on which the existing dwelling is located and is now known as the pending application for Summit Estates, Section 4; and WHEREAS, Donna Geraghty, as agent for Gusmar Realty, notified the Planning Board in July 1999, that the Summit Estates property owners would like to convey the use of the dock to the Summit Estates Homeowners Association and would like to establish the use of four boat slips; and WHEREAS, the Planning Board referred the applicant to the Town Trustees in regard to the number of boat slips allowed prior to the Planning Board making a determination in regard to the conveyance of the dock ownership to the Summit Estates Homeowners Association; and WHEREAS, in accordance with Condition Number 11 of the Covenants and Restrictions, the Planning Board initiated a public hearing on July 19, 1999, which was held open in order for the Town Trustees review in regard to the allowable number of boat slips and the allowable use of the dock for the dockage of boats; and WHEREAS, the Town Trustees, in a report dated August 23, 1999, stated that the dock was approved by the Trustees as a single family dock, subject to the regulations under Chapter 100-31 C.(3)(a), which states that 'q'here shall be docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use."; and WHEREAS, the public hearing in regard to Condition Number 11 was closed on September 27, 1999; BE IT THEREFORE RESOLVED that the Southold Town Planning Board allow the ownership of the dock to be conveyed to the Homeowners Association subject to the following conditions: The use of the dock for docking and mooring purposes shall be limited to that allowed under Chapter 100-31 C. (3) (a) of the Town Page 3 Summit Estates, Sections 1, 2, 3 & 4 September 28, 1999 Code. As per this Section of the Code, no more than two (2) boats other than those owned and used by the owner of the premises, shall use the dock for docking or mooring purposes. In order to further ensure that the use of the dock for docking or mooring purposes remains similar to that allowed for a single family dock, and does not result in a marina type use for boats owned by the Summit Estates Homeowners Asso,ciation, the Planning Board is requiring that the docking or mooring of'boats be limited to the area of the existing "T" portion (the area which is parallel to the shoreline) of the dock. The attached Exhibit "A" indicates the "T' portion of the dock. Exhibit "A" is to be made a part of this resolution. The Zoning Board of Appeals in a decision for a different matter, clarified for the purposes of interpretation that 'Yor the purposes of Section 100-31 C. (3) (a), an owner of a parcel of land shall be an individual, a partnership, corporation, cooperative, or other entity, or a combination of the above, as a single unit." Therefore, the Planning Board's decision is further clarified to mean that no more than 2 boats other than those owned and used by the Summit Estates Homeowners Association shall use the dock for docking or mooring facilities. All members of the Summit Estates Homeowners Association shall have the right to use the dock for purposes other than that of docking and mooring of boats. These uses shall include, but not be limited to, uses such as walking on the dock and fishing from the dock. The Declaration of Covenants and Restrictions for the Summit Estates subdivision shall be amended to include the above mentioned conditions of approval. A draft Declaration must be submitted for the Planning Board's review and approval prior to the recording of the document in the County Clerk's Office. The Summit Estates Homeowners Association Offering Plan must be amended to include the above mentioned conditions of approval. A copy of the amendment must be submitted for the Planning Board's review and approval prior to the recording of the document. The Town Tax Assessors must be notified of the conveyance of the ownership of the dock to the Homeowners Association for assessment purposes. Verification that the Tax Assessors have been notified of the change must be submitted to the Planning Board. BE IT FURTHER RESOLVED that the Planning Board hold the final hearing for Summit Estates, Section 4 open until such time that Conditions Number 3, 4 and 5 of the approval in regard to thepublic hearing in accordance with Condition Number 11 of the Declaration of Covenants and Restrictions are fulfilled to the Page 4 Summit Estate~, Sections 1, 2, 3 & 4 September 28, 1999 satisfaction of the Planning Board. The next Planning Board meeting is scheduled for October 18, 1999. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman cc: Town Trustees enc. 0 tu 0 ~0 0 LEL'O 97, 88'30'49" W d,j R O I AI ~IR S "-T" 1:'o?,,'FIO~ oF ooc~ Pb Don Henry P.O. Box 596 East Marion, New York 11939 September 15, 1999 Bennet Oslowski Jr., Chairman Southold Town Planning Board Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Proposed Subdivision Stmunit Estates 8EP 17 Southold Town ~Olanmng Board Dear Chairman Oslowski and Board Members: I applaud your decision to consider the additional information at last nights meeting. I think that it is apparent that those of us who have concerns about this issue are concerned primarily about the amount of boats that might be placed on the dock. I think that it is fair to say that we agree with the applicant that residents of Summit Estates should be able to walk on and fish from the dock. The Planning Board in its wisdom in 1992 stated that no transfer should take place without Board permission. I believe that this was intended to forestall any additional boating activity at the dock. My concern with a transfer to the summit Estates Association is that it would be possible for the association to expand the amount of boats at the dock by arranging a lease situation. That is an association member could provide funds to the association which in turn would purchase the boat the member desires. The member could then lease the boat from the association for $1.00 per year plus associated expenses. In the same lease provision could be made for a buyback the member again paying $1.00 to purchase the boat and do with it as they please should they no longer want to keep it at the association dock. This of course would be legal under the town code. I doubt that under current law the town would be able to do anything about it. An alternative could be that the dock be accessible by an easement granted before transfer with the dock staying in single ownership as I think that the leasing arrangement I describe would not be viable under single ownership. However, if it would be possible for the Planning Board to limit the amount of boat slips available at the dock then this would be an ideal choice provided that said limit does not increase the current number of spaces. This is also consistent with the applicants request as they have indicated that they are not looking to increase slips at this dock beyond the four that currently exist. I thank you for your cooperation and consideration regarding this sensitive matter. Sincerely, Don Henry BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS ~ GEORGE RITCHIE LATHAM, JR. RICI-IARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 14, 1999 Donna Geraghty Victorian Realty 110 Front Street Greenport, New York 11944 RE: Major Subdivision for Summit Estates, Sections 1, 2, 3 & 4 SCTM# 1000-35-8-(5.4-5.18) & 38-7-(8-12) and Summit Estates, Section 4 SCTM# 1000-38-7-p/o 10 (a.k.a. SCTM# 1000-35-8-5.3) Dear Ms. Geraghty: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, September 13, 1999: BE IT RESOLVED that the Planning Board hold the hearing in regard to condition number 11 of the Declaration of Covenants and Restrictions open in order for the Planning Board to review the comments raised at the public hearing. BE IT FURTHER RESOLVED to hold the final hearing for Summit Estates, Section 4 open until such time that the public hearing in accordance with Condition Number 11 of the Declaration of Covenants and Restrictions is concluded. The next Planning Board meeting is scheduled for Monday, September 27, 1999 at 7:30 p.m. Please contact this office if you have any questions regarding the above. S i n'~;,4~/~/ , e ~ws~ki~" ~/'~ Chairman cc: Town Trustees ULICO CASUALTY COMPANY BOND RIDER To he attached to and form a part of: Site Improvement Bond Bond No.: Obligee: B93-000461 Town of Southold, NY Town Hall 53095 Main Road, PO Box 1179 Southold, NY 11971 Dated: June 7, 1993 Southold Town Planning Board In consideration of the premium charged for the above bond, it is hereby agreed to: Renew the above bond for a period of three (3) months. From: 09/07/1999 To: 12/07/1999 The above referenced bond shall be subject to all its agreements, limitations and conditions except as herein expressly modified. This rider is effective: September 7, 1999 Signed, Sealed and Dated this 16th day of August 1999. Principal: (Seal) Surety: (Seal) By: By: Ulico Casualty Company Cyntf~a A, Meyer j d Attorney in-Fact Form 901 Rev. 02/03/97 ULICO CASUALTY COMPANY Massachusetts Avenue, N.W. Washington, DC 20001 0510 POWER OF ATTORNEY Know All Men By These Presents: That Ullco Casualty Company, A DoJaware Corporation, having its prmdpal office in Washington, DC, pursuant to the following resolution, adopted by the Board of Directors of the Corporation effecQve on the 28th day of January, 1993: RESOLVED: "That the Chmrman and Chxef Executzve Officer be, and hereby ~s, authorxzed to execute Powem-of-Attorney, quali~dng the attorney named m the Powers-of-Attorney to execute on behalf of the Corporation contract bonds and other related surety bonds, and to attach thereto the corporate seal of the P,E~OLVED: 'That the signatures and attestations of such officers and the seal of the Corporation may be affixed to any such Power*of-Atinrney or to any cerQficate relating thereto ' ' by facsimile, and any such Power-of-Attorveey or cert~cate bearing such facsimile signatures and facsimile seal shall be valid and binding upon the Corporation when so affixed with respect to any contract bond or other related suxety bond to which it is attached.' This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE, CONSTITUTE AND APPOINT: Cynthia A. Meyer of Ullco Standard of America Casualty Company, of Middletown, in the State of New Jersey, its true and lawful Attorney(s)-inoFact with full power and autho~ty hereby corffe~red in its name, place and stead in sign, execute, acknowledge and deliver in its behalf, and as its act and deed, without power of redelegat~on, as follows: Contract bonds and other related sttrety bonds: IN AN AMOUNT NOT TO I~(CF~D THREE MILLION ($3,000,000.00) DOLLARS; to bind LTllco Casualty Company thereby as fully and to the same extent as if such bond was signed by the duly authorized officers of Ullco Casualty Company, and all the acts of said Attorney(s)-in-Fact pttrsuant to the authority herein given are hereby ratified and conLirmed. In Witness Whereof, Ullco Casualty Company of Dover, Delaware, has catmed this Power of Attorney to be signed by its Chmrman and Chief Executive Officer and its Corporate seal to be affixed this 1st day of June, 1998. This Power of Attorney is void unless the seal is readable, the text is in black ink, the signatures are in bIack ink, this notice is in red ink, and if attached to a document executed subsequent to March 31, 2001. Ulico Cas?E_alty Compg z District of Columbia ss: By: ~HUBLIG Z~/ ~ ,,~ t_ ~. Ju~Ze' lea ~ ~ ~P~ March 31, 2001 CERTIFI~TION I~ u~t~e~of, I have here~to set my hand and af~ed ~e seal of ~e co.fa.on ~ ] ~ ~y of ~ ~h A.i~rabffio, Ass~nt UCB-102-POA1 (06/98) Albert J. Krupski, President James King, Vice-President Henry Smith Artie Foster Ken Poliwoda Town Hall ~ 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: Melissa Spiro FROM: Albert J. Krupski, Jr. President, Board of Trustees DATE: August 23, 1999 RE: Summit Estates Southold Town Pla~'~ning Board The Southold Town Board of Trustees have reviewed the Summit Estates situation. The Peter Fakiris dock was originally approved by this board as a single family dock, subject to the regulations under the current zoning and code restrictions under Chapter 100-31-3(a) which states "there shall be docking or mooring facilities for no more than two (2) boats other than those owned and used by the owner of the premises for his personal use". The Southold Town Board of Trustees sees no reason to change the use of the structure and would definitely not recommend a marina use for the structure. If you have any questions, please call our office, at 765-1892. PLANNING BOARD MEMB~ ~ BENNETT ORLOWSKI, JR~ Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCttIE LATHAJM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August17,1999 Donna Geraghty Victorian Realty 110 Front Street Greenport, New York 11944 RE: Major Subdivision for Summit Estates, Sections 1, 2, 3 & 4 SCTM# 1000-35-8-(5.4-5.18) & 38-7-(8-12) and Summit Estates, Section 4 SCTM# 1000-38-7-p/o 10 (a.k.a. SCTM# 1000-35-8-5.3) Dear Ms. Geraghty: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, August 16, 1999: BE IT RESOLVED that the Planning Board hold the headng in regard to condition number 11 of the Declaration of Covenants and Restrictions open pending review by the Town Trustees in regard to the allowable number of boat slips and the allowable use of the dock for the dockage of boats. The applicant must apply to the Town Trustees in regard to the proposed use of the dock for boat slips and the dockage of boats. The Planning Board will re-open the headng in regard to the conveyance of the dock upon notification from the applicant in regard to the use of the dock allowed by the Town Trustees. BE IT FURTHER RESOLVED to hold the final headng for Summit Estates, Section 4 open until such time that the public headng in accordance with Condition Number 11 of the Declaration of Covenants and Restrictions is concluded. The next Planning Board meeting is scheduled for Monday, September 13, 1999, at 7:30 p.m. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Oflowski, Jr. Chairman cc: Town Trustees BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS ~/~-~'~ GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD ~-,~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To~ From: Date: Re: Board of Trustees Melissa Spiro, Planner August 3, 1999 Summit Estates Attached please find correspondence submitted to the Planning Board at the July 19, 1999 public heating on the above. Also, a draft copy of the portion of our minutes pertaining to this hearing. P~NG BOARD iVIEMB~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWAI~DS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD CERTIFIED MAIL August 3,1999 Donna Geraghty Victorian Realty 110 Front St. Greenport, NY 11944 Re: Performance Guarantee for Summit Estates, Performance Bond- Phase 1 SCTM# 1000-35-8-5.3 Dear Ms. Geragh~: The performance guarantee for the subdivision of Summit Estates Phase 1 (Bond #00461 with the Ulico Casualty Co.) is due to expire on September 7, 1999. Due to the timing of the Town Board's meetings, if the extension is not received by Noon of August 25, 1999, there will be a resolution before the Town Board on August 31, to authorize the Town to draw on the bond if the extension is not received by Noon of September 6, 1999. Please contact this office if you have any questions regarding the above. Sincerely, Melissa Spiro Planner cc: Elizabeth Neville, Town Clerk "A Full Service Realty" July 26, 1999 Southold Trustees Albert Krupski PO Box 728 Southold, NY 11971 RE: Summit Estates - East Madon, NY 11939 SCTIVI#1000-38-7 plo 10 Dear Mr. Krupski: On Monday, July 19, 1999, Southold Town Planning Board held a public hearing with refemnoa to the ownership and the use of the exisfin~ dock ~ on the property owned by the homeowners association of Summit Estates, East Marion. The covenant and restrictions require a public hearing for condition #11. The dock, and any futura expansion of such, cannot be conveyed separatelY from lot number 33 except by permission of the Souttmid Town Planning Board after a public hearing, and if such conveyance shall be allowed, it shall be to the owner(s) of the park and recreation only. I am enclosing copies of all of the permits to construct the dock which clearly show Gus-Mar Realty and Peter Fakiris as the owners of the dock in, question (see enclosures). Mr. Fakiris was the owner of the home located on lot number 33 at the time the dock was built and therefore was the ohly user of the dock. We would like to convey the .use of the dock to the homeowners association so that all may have the quiet enjoyment of the dock and establish the use of four boat slips of which one would be used by lot number 33. !f this is an acc~. ptable use in accordance with the trustees, we ask that you please respond in writing and forward your response to the planning board. Very Truly, Donna Ge~h~~ 110 FRONT STREET, GREENPORT, NY 11944/ · (516) 477-2Z3,0~ FAX (516) 477-8643 PLANNING BOARD MEMBEI~ BENNETT OI~LOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 20, 1999 Donna Geraghty Victorian Realty 110 Front Street Greenport, New York 11944 RE: Major Subdivision for Summit Estates, Sections 1, 2, 3 & 4 SCTM# 1000-35-8-(5.4-5.18) & 38-7-(8-12) and Summit Estates, Section 4 SCTM# 1000-38-7-p/o 10 (a.k.a. SCTM# 1000-35-8-5.3) Dear Ms. Geraghty: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, July 19, 1999: BE IT RESOLVED that the Planning Board hold the hearing in regard to condition number 1 1 of the Declaration of Covenants and Restrictions open pending review by the Town Trustees in regard to the allowable number of boat slips and the allowable use of the dock for the dockage of boats. The applicant must apply to the Town Trustees in regard to the proposed use of the dock for boat slips and the dockage of boats. The Planning Board will re- open the hearing in regard to the conveyance of the dock upon notification from the applicant in regard to the use of the dock allowed by the Town Trustees. BE IT FURTHER RESOLVED to hold the final hearing for Summit Estates, Section 4 open until such time that the public hearing in accordance with Condition Number 11 of the Declaration of Covenants and Restrictions is concluded. Please contact this office if you have any questions regarding the above. Sin rely, /111, B t Orlowski, Jr. Chairman cc: Town Trustees HEI~Y P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PRILLIP J. GOUBEAUD ALBERT KRUPSKX, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York I 1971 ,]'niy 28, 1987 Mr. Daniel F. Dragonetti c/o Gusmax Reait7 Corp. 13 07 37 Ave. Long Island City, New York RE: AppLication No. 534 Dear Mr. Dragonetti: m01 Io~ 5-1892 The following action was taken by the Board of Town Trustees during t}~eir regular meeting held on July 27, 1987 regarding the above matter. WHEREAS, Daniel F. Dragonetti c/o Gusmar Realty Corp. on behalf of Peter Fakiris applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated May 4, 1987, and WHEREAS said application was referred to the Southold Town Conservation Advisory'Council for their findings and recommendations, and WHEREAS, a public hearing was held by:the Town Trustees w/th respect to said application on July 27, 1987 at which time all interested persons were given an opportunity to be heard, and no objections were raised, and WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the Board has determined that the project as proposed will. not affect the health, safety and general welfare of the people of the town, NOW, THEREFORE, BE IT RESOLVED that Dan/el F. D:l'agonetti c/o Gusmar Realty Corp. on behalf of Peter Fakiris BE AND HEREBY IS GRANTED PERMISSION UNDER THE PROVISIONS OF TIdE 'WETLAND ORDINANCE OF THE TOWN OF SOUTHOLD TO: Gonstruct 200* x 4~ of dock with a 50~ x 6~ "T" to be secured by 36 p/lings. Permission is granted with the deletion of the 17~ of bulkhead and the 800 cu. yds. of fill. A natural dune is to be maintained. Property is located on Shipyard Lane, East Marion. Board of Town Trustees - Page 2. Daniel F.-Dragonetti c/o Gusmar Realty Corp on behalf of Peter Fakiris This permit will expire on July 27, 1989 if work has not commenced by said date. There are two inspections required and the Trustees are to be notified up6n the completion of the work. Prior to the issuance of said permit by the' Clerk, the applicant shall file with the Clerk a certificate that he has public liability insurance policies insuring against any liability which may arise in the performance of the operations pursuant to such permit in such amount as shall be fixed by the Trustees, which said policies shall name the Town as a name insured. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. PLEASE RETURN TO THE BUILDING DEPT. FOR A DETERMINATION ON THE NEED OF ANY OTHER TOWN PERMITS THAT MAY BE REQUIRED FOR THIS PROJECT. Please remit a $10.00 Wetland Inspection Fee for this project. Upon remittance your permit will be forwarded by mail. Very truly yours, Henry P. ' ., President Board of Town Trustees I'IPS :ip Robert A. Greene, D.E.c., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas"Hart, Coastal Management Conservation Advisory Council Bldg. Dept. Board of Appeals File PERMIT Under the l:nvironmental Conservation Lay* August 14, 1989. August 31; 1994 N Article 15, Title 3; 6NYCRR 327. ~ 6NYCRR 608: __ 328, 329: Aquatic Pesticides I ' J Water 0uality CedificaIion Article 15, Title 5: ~ Article 17, Titles 7, 8: __ Protection of Water [ I SPOES Article 15, Title 15: Atlicle 19: __ Water Supply __ Air Pollution Control' ] Article 15, TitLe 15: ~ Article 23, Title 27: __J Water Transport II Mined Land Reclamalion Article tS, Title 15: Adicle 24: __ Long Island Wells __ Freshwaler Wetlands Article 15, Title 27: N--New, R--Renewal. M--Modification. Wild. Scenic and Recreational C--Construct ('only). O-Operate ('only) Rivers ~'~ Artic!e 25: Tidal Weilands r--~ Article 27, Titte 7; 6NYCRR 360: Solid Waste Management' -- Article 27. Title 9; 6NYCRR 373: Hazardous Waste Management -- Amcte 34: __ Coaslal Erosion Managemenl -- Article 36: __ Floodplain Managemenl -- Articles 1, 3, 17. tg. 27. 37. __ 6NYCRR 380: Radialion Control Mr. Peter Fakiris, c/o Cusmar Realty 13-07 37th Ave., Long Island City, N.Y. [llO1 Mr. Glenn Just, JMO Consulting, Wading River, ~'Y ,'t (5t 6)929-5775 R.O.W. off Shipyard Lane, East Marion SCTH 1000-35-8-5.3 Gardiners Bay Suffolk I Southotd Dredging a 90 foot by 100 foot area surrounding an existinl[[ pier to a depth of 8 feet at mean low water, as per NYSDEC approved plan attached; 675 cubic yards of spoil will be disposed of in an upland location a minimum of 300 feet landward of tidal wetlands. GENERAL CONDITIONS By acceplance o! Ihls perm:l, the pe~illee al~ees thai the petmil is conlinlent upon slricl compli- ance with the ECL, all applicable relulalions and the condilions specified herein or allached herelo. August 14, X989 Christine J. Costopoulos Bldg.40,SUNY,Rm. 219 Stony Brook, NY 11794 -- I /' - J ~ 3 C-;!..,,,,..,. . ,. ,- , - . cc: B:'IIIP ADOIYIONAL CENE~AL JHO Consul ting 6/20/89 3. 4. Supplementary Special Conditions (A) SPECIAL CONDITIONS Spoil muse be deposited a minimum of 300 feet landward of the tidal wetland boundary line. Ail spoil must be deposited directly into barge and then removed directly to trucks. No dredge spoil may be deposited in tidal wetlands. Area must be dredged to a uniform depth. through (J) attached. 10-89-0888 N/A PaRe 2 of 3 ..... _,.'~-~ '.~ - ~!. ~,.~'r ':"P'~°~'£o" ':::':~? I~ C O NSUL'f- I NG.-.. WADING '~ dM.O. 1989 SHirr 20~ 2 I?IVER, N.Y. Applican: proposes to dredge a 90'xlO0' docking area to 8' at MLW. Resultant spoil(approx 675c.y.) shall be disposed of on applicant's upland property. At East blarion, Town of Southold, Suffolk County, New York. Applicant: Peter Fakiris Purpose: Proper safe docking Datum: Mean Low Water Locus: 72 21'/41 07' SFD Area to be dredged Exist. Piles Adjacent 1. Cleaves Condos. 2. Cresen: tSuffolk County J[agstroT Map 26 Scale i = 3000' SCALE i~loo~ o 50 loo Exist. Pier ~. Property Owners Point Village ~AF~DINE~S I.:%Y ..~.,,$x < FLOGD-EI~L..q '> i~_WlDTI. I J.M.O. CON.SULTING..-.W4DINO I¢IVI-_'R, N.Y. Beach Condos. DEPARTMENT OF THE ARMY 'NEW YORK DISTRICT. CORPS OF ENOINE~I'~= (~ [""~ilar7 ~ F'~ JACOB K. JAVIT3 FEDERAL 3UILDIN(~iI /Ir~= ~-/ ~'~~ II ri .E, Yo,K.,.,. ,o=,,-0ooo II' l 2 {ifil Operations Division ~: ' ~ ''"'~:'' Regulatory Brallch . -''' . - - SUBJECT: Department of the Army Permit No. 13-07 37tn Avenue Long Island City. .... / f~...< !:!01 147~ Dear Nr. Fakiris: work. Enclosed is a Department of the Army permit for your proposed Please display the enclosed Notice of Authorization sign at your work site. You are required to submit to this office the dates of commencement and completion of your work . EnClosed are two postage paid postcards for you to use to submit the required dates. For permits authorizing construction and/or installation of pile supported or floating structures, the Permittee hereby recognizes the possibility that the structure permitted herein may be subject to damage by wave wash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to insure the integrity of the structure permitted here~n and the safety of boats moored thereto from damage by wave wash, and the permittee shall not hold the United States liable for any such damage. Passing vessels will not be required to alter their current procedures to reduce the wake caused by their operation, which may impact the structure authorized by this permit. If, for any reason a change in your plans or onstruction methods is found necessary, please contact us immediately to discuss modification of your permit. Any changes must be approved before they are Undertaken. Enclosure 2 1 -) -t: d ~L E~L, Io-o i~1 L'M o. oo .,~ ¢ At. E. t~'= tO~ooOI · 2.0;2 United States Army Corp~ of Engineers February 11, 19 88 A permit to _Install a fixed "T" shaped timber pier, tn Gardiners Bay at East Marion, Town of Southo]d, Suffolk County, New York has been issued to. Address of Permittee Permit Number 14718 "'.' .~ .ENG FORM 4338 Jul 81 Peter Fakiris On Feb 11. 19 88 13-07 $7th Avenue, Long Island City, NY 11101 MARION L, CALDWELL, 3r. Colonel, Corps of Engineers D~t~ct Commander DEPARTMENT OF THE ARMY PERMIT Perrr~ttee Peter Fakiris Permit No 14718 13-07'37th Avenue, Long Island City, New York 11101:.(718) 392-6858 [ssuln~Office NY Dis~r~ct Cot.Q· of Engineers (Public Notice No. 13047-87h0086-L2 NOTE: The terra "you" and it~ derivatives, a~ used in this permit, means [he permittee or any future trar~feree. The term "th[s office" ret'ers to the appropriate dLstrlct or' division office of the Corps of Engineers havin~ jurisdiction over the permitted activity or the appropriate off[cia] of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the tem~ and conditio~ specified below. Pro~ctD~c~ptlon: Tnstall a fixed "T"~sh--.ped timber, pier measuring 200 -feet by 4 feet with a "T" measuring 6 feet by 50 feet; with ~ atten'da6t mooring piles. Project Location: Permit Conditions: IN: Gardiner~ Bay AT: East'Marion, Town of Southold,' New York General Conditions: 1. T~e time limit t'or completing the work ·uthoHzed ends on . 11 February 1991 If you find that you need more tLme to complete the authorized &cti'vlty, submit your request for a time exteraion to this office for consideration ·t lea~t one month before the ·boy· date ;. reached. 2. You must maintain the activity authorized by this permit in good condition and in conform·ncc with the terms ·nd condi. tiona o~' tbS· permit. You ·re not relieved of this requltemeat if you abandon the permitted activity, although you may make · good faith transfer to a third party in compliance with General Condition 4 below. Should you w;.h to cern to maintain the authorized activity or should you desire to abandon it vlthout · pood faith ~'·n~fer, you must obtain · modlfic·tion of th;. permit from this office, which may require restoration of the ares. 3. it' you discover any previously unknown hiatorlc or ·rcheolo~ca/ remaln~ while accompl;.hing [he activity authorized by [his permit, you must immediately notify this ofiqce of what you bay· found. We will initiate the Federal and state coordina. tion required to determine if the rema~r~ warrant · recovery effort or if the site ia ·Ii,tibia for listing in the National Register of H;'toric Place~. ENO FORM 1721, Now 86 1522-15 (Gardiners Bay, - Fakirls, Peter - Pier). (33 CFR 325 (Appendix A)) 4. If you sell the property a.~ociated with this permit, you mu~t obtain the signature of the new owner in the space provided s,'ld forward a copy of the p~rmit to this office to validmta the trm~fer of this authorization. S. If a conditioned water quality certitlcation ha~ been i~ued for your project, you mu~t comply with the conditions specified in the certification a~ special condition~ to this permit. For your convenience, a cop)' of the certification is attached if it con. taln~ such conditions. 6. You mu.st allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or h~ been accomplished in accordance with the terms and conditions of your permit. Speci~ Conditions: )~o filling activities are authorized by this permit. Further ln~rmmtion: ' 1. Congressional Authorities: You h&ve been authorized to undertake the sctivlty described above pursuant to: Section I0 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). ~', ) Section ~,04 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Resecrch ind Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. s. This permit does not ob¥iata the need to obtain other Federal, stats, or local authorizations required by law. b. Thi~ permit does not ~rrant any property ri htsor sxcluslv~pr~vilege~. ..:', ;. ~ .. . . ....... '.. ! ,.'. c. This permit does not authorize any ioiur,y to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limit~ of Federal Liability. In issuing this permit, the Federal Government does not s~s~ume any liability for the following: a. Damages to the permitted project or uses thereof ss a result of other permitted or unpermitted activities or from natural b. Damages to the permitted project or uses thereof u · result of current or future ac*tivitles undertaken by or on behalf of the United States in the public interest. ~uthorized by this permit, r ' . . ~ : - :-: d. ~)esig'n o'r constmctlon deficiencies a~ociatad with the permitted work. , e. Da~nage cia/ma a~oclated with any future modification, luspenaion, or revocation of this permit. · 4' Reliance on Applicant's Data: The determination of this office that ~uance of this permit JJ not contrary to the public interest wu made in reliance off the iflformat~on you ptovlded. 5. Reeva/uation of Permit Decision. This o£fice may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reeva/uation include, but are not limited to, the following: a. You fail to comply with the terms and condltlon~ of this permit. b. The information provided by you in support of your permit application proves to have been fa/se, incomplete, or inaccurate {See 4 above). c. Significant new information surfaces which this office did not consider in reaching the origins/public interest decision. Such a reeva/uatlon may result in a determination that it is appropdata io u~e the suapena/on, moditieatlon, and revocation procedures conta/ned in aa CFR. 32,5.7 or enforcement procedures such u thom contained in 33 CFR 326.4 and 326.,5. The referenced enforcement procedt~rel provide for the issuance of an administrative order requiring you to comply with the terms and condltlonl or' your permit and tot the initiation of legs/ action where appropriate. You will be requ~red to pay t'or any corrective measures ordered by this office, and if you fail to comply with such ditectlve, this office may in certain f~tuafiona (such aa those specified in 33 CFR 209.2?0) accomplish the corrective metsutei by contract or otherwise and bill you for the 6, Extensions. Genera/ condition ! establishes a time limit for the completion of the activity authorized by tb~s permit. Unle~e :here are circumstances requiring either a prompt completion of the authorized activity or a reeva/uatlon of the public interest decision, the Corps will normally give favorable consideration to a request for Lq extension of thie time limit. Your signature below, u permlttee, indicates that you accept and agree to comply with the terms and conditions of this permit. ~£~.~££~ ~SETER FAKI~IS / ~ z(~s~'~ This j~f'~ecomes effective when the redera/official, designated to act for the Se~:retary of the Army, ~ " - ' - '~_~. (D.4TE) ha~ signed below. When the structures or work authorized bt,' this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to he binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities a~ociated with compliance with JL~ terms and conditions, have the transferee sign and date below. {TRA ~%.~SFEREE) 3 New York State Department of Environmental Conservation Regulacorx Affairs Unit Bldg. 40, SUN"f, Rm. 2]9 (516) 751-7900 EC ? ~l~? Thomas C Jorling Commissioner Peter Fakiris 'c/o Gusmar REalty Corp. 13-07 37th Ave. '~ Long Island City, NY 11101 December 16, 1987 Re: Permit No.10-87-0016 Dear Mr. Fakiris: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions Carefully. .If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be Conspicuously. posted the project site and protected from the weather. Very truly yours, Dennis W. Cole Sr. Env. Analyst DWC:rw enclosure HEW YORK STATE DEPARTMENT OF ~NVIRONMEHTAL CONS[RVATION PERMIT Under the Environmental Conservation law 15, Title 3; 8NYCRR 327, ' 329: Aquatic Pesticides 15. Title 5: of Water 15, Title 15: Water Supply Article 15, TiIle Water Transport Article 15, Title 15: Long island Wells Article 15, Title 27: Wild, Scenic and Rec~'eat[on&l Rivers ~'-~ 6NYCRR 508: Water Quality Certilication ~'--~ A~Jcle tT, Titles 7, 8: SPDES [--"~ Article 19: Air Pollution Control' ~-'~ A~[cle 23, Tit~e 27: Mined Land Reclamation ~ Article 24: Freshwater Wetlands N--New, R--Renewal, M--Modification, C--Construct (*only). O--Operate ("only) E~FECTIVE DATE 12/,16/87 EXPIRATION OATE[$) 12/31/88 Article 25: .. . Tidal Wetlands Article 27, Title 7; 6NYCRR 360: Solid Waste Management' -- Article 27, Title 9; 6NYCRR 373: Hazardous Waste Management Article 34: Coastal Erosion Management -- Article 36: __ Floodplain Management Articles 1, 3, 17, 19, 27, 37; ~NYCRR 380: Radiation Control Peter Fakiris c/o Gusmar Realty Corp. 13-07 37ch Ave., Long Island City, NY 1110! DESCRIPTION OF AUTHORIZED ACTIVITY ConsCruc: a 200' x 6,~ dock w-tCh a 6t x 50' "T" aC its terminus in accordance '*'ich the NYSDEC approved plans sheets 1 & 2 attached. the U.S. Army Corps of Engineers. U.S. Coast Cuard. New York State On SPECIAL CONDITIONS I. There is to be no dredging associated ~i:h :his project. 2. There is to be no exca~ation of the beach associated with this project. Supplementary Special Conditions (A) ~rough (J) attached." 10-87-00].6 N/A Page ,,, 2 of., 3 '/~ Sb'PPL~ARY SPECIAL C0t~ITIONS . foll~'wlz~g conditions apply to all permits: A. If any of the permit conditions are unclear, the permittee shall contact the Division of Regulatory Affairs at the address and telephone noted below. B. A copy of this permit or approval and supplementary conditions shall be available at the project site whenever authorized work is in progress. ¢. The permit si~n enclosed with the permit or a copy of letter of approval shall be protected from the weather and posted in a conspic£ous location at the work site until complet£on of authorized work. D. At least 48 hours prior to commencement of the project, the permittee shall complete and return the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditions of thio permit. Within one week of completion of the permitted work, the bottom portion of that form shall also be completed and returned. E. For projects involving activities to be accomplished over a period ~r more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours to the commencement of resumption of work each year. F. If project design modifications taka place after permit issuance, the permittee shall submit the appropriate plan changes for approval ~y the Regional Permit Administrator prior to undertaking any such modifications. The permittee is advised that substantial modification may require sub- mission of a new application for permit. G. Ail necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricamts, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the prpJect work. H. Any failure to comply precisely with all of the terms and conditions of this per=it, ur~ess authorized in w~iting, shall be treated as a violation of the Enviro~mental Conservation Law. I. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal Plaza, New York, NY 10278, (Attention: Regulatory Functions Branch), prior to commencement of work authorized herein. J. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242, which may be required for any encroachment upon State-~wned lands under water. Regional Permit Administrator NYS Dept. of EnvironmentaA Conservation Bldg. 40, SU~Y--Room ~19 Stony Brook, NY 11794 (5~6) 75~-7900 DEC ~ 10-87-0016 page 3 of 3 NYSDEC APP~OYED I. AL~ DEPTHS OA$£D "2 -) N¥sD£C, ApPRO~EO DAlE ~cALc I = I0-o g5-20.! New York State Department of Environmental Conservation NOTICE Permit Expl,ration The Department of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmental Conservation Law for work being conducted at this site. For further information regarding the nature and extent of work approved and any Departmental conditions on it, contact the Regional Permit Administrator listed below. Please refer to the permit number shown when contacting the DEC. Regional Permit Administrator NOTE: This notice Is NOT a permit CHARLES T. HAtlLT0:! Chief, }~iINE P. EGULATOPJf SECT!?~; IrYS DEC, Bureau of ~L~rine ~a~,itat Protection Bldg. &O. SU~."f, Pa. 225 Stony Brook, ~. ¥. 11794 Issued To. Contractor's Address.__ ........ Contractor's Phone Dear Sir: Contractor's Uame Pursuant to General Condition Mo. 1 of the above referenced are hereby notified that ~he auth~rized activity ~na!l cc~cuce on · This ~!otice is to be ~ent at lean: two days i~ ~d- vance of commencement of the pro, eot. The Perm,= sign will he the site and copy of Permit will he available a= si=e for in3pec=ion. Submitted by FAI~.I~ TO HOTIFYOR POST SIG~I IHLLLEAV~ 0I~rER/A}~/0~ COI,~RACTOK JECT TO APPLICABLE P~L~LTIES FOR NOU-C0I'~LIA~ICE lbT~PERM1T C01'~ITIOi:S. CI1APJ. EE T. HA~iILTOM Chief, Marine Kegnlacor7 Section I~S DEC, Bureau of I.~rine ~bica= Bldg. 40, S~, ~. 225 Stony Brook, N. Y. 11794 Permit Ilo. Issued To. Contractor's Address. Contracterr's Phone Dear Sir: Contractor's Name Pursuant to General Condition 11o. I of ~he above referenced Permit, you are hereby notified that the authorized activity was completed om Submitted by DATE: TKI$ :tOT!CE, lrlT}.I PMOTOS OF COITLETiD UO?_K AND/OP. CO[~PLETED SURVEY, IS TO g£ Sr%lr TO ABOVE ADDRESS PRO}D?TLY UPCII COt/~LETION OF PROJECT. FAILURE TO ~l~T~'r.'~ ~r£LL LFD. VE Or.,~R blYO/¢;?. CCL~RACfOP. SUBJM-CT TO APPLICABLE PEUALTIE$ FCR HON-COI~LLMICE WITH PE?~IT COI~ITIOi.:S. York State DepadmentofEnvironmentalConse~ation ~gulatory Affairs Unit - Region I Bldg. 40, SUNY, Room 219 Stony Brook, NY 11794 (516) 751-7900 Gusmar Realty Corp. 13-07 37th St. Long Island City, N.Y. AMENDMENT TO PERMIT 11101 Henry G. Williams Commlsslone~' Former Permit # CA~rbhy~; 1988 RE: Permit No. & Location: Gardiners Bay Dear Permibtee: Your recent request to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that there has not been a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit; therefore, the expiration date is extended to Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit'i~ amended to authorize: Construction of 270' by 4' dock with a 80' by 6' "T" section at its terminus: Ail work is to be in accordance with the NYSDEC Approved plan enclosed: This letter is an amendment to posted at the job site. Ail other terms and conditions Sent to: the original permit and as such, shall be remain as written in the original permit. Very truly yours, Deputy Regional Permit Administrator : 2 ;I I DEPARTMENT OFTH~ARMY New York District, Corps of Engineers Jacob K. Javits Federal Building New York, N.Y. 10278-0090 I~EPLY TO ATTENTION OF: Operations Division Regulatory Bra~ch SUBJECT: Permit No. 14718A Mr. Peter Fakiris c/o George K. Paleos, C.E., 72 Harvard Avenue Baldwin, New York 11510 P.E. Dear Mr. Paleos : In accordance ~ith the provisions of Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) you were issued Department of the Permit No: 14718, by the District Engineer on February 11, 1988. This permit authorized you to install a fixed "T" shaped timber pier measuring 200 feet by 4 feet with the "T" section measuring 6 feet by 50 feet, with four attendant mooring piles. The activity is located in Gardiners Bay at East Marion, Suffolk County, New York. The above permit is hereby specifically modified to increase the total length of the fixed pier from 200 feet to 270 feet, with an extension to the "T" section from 50 feet to 80 feet, and the relocation of four attendant mooring piles. Ail widths to the modified pier assembly shall ,remain at four feet. This modification is in accordance with the attached drawings which were revised on March 22, 1988. The other original conditions to which the authorized work was made subject including the permit expiration date shall remain in effect. I---F_.nelosur es -- cf: Peter Fakiris., District Engineer State Department of Environmental Conser~ion Iding 40--SUNY, Std~rook, New York 11790-2356 (516) 751-1389 May 9, 1991 ' ~'.'Mr C Bowman Land Use'Co. 2576 Sound Avenue Baiting Hollow, NY 11933 RE: 10-89-0888 Peter Fakiris Dear Mr. Bowman: The Department has received your March 25, 1991 request for modification · of the existing permit' (listed above) to include a wave break consisting of 'piles, chains and tires, and six additional piles. The Department objects to the construction of this wave break because the chains and tires can easily become detached from the structure. Although the property owner may not be able to locate the detached pieces, they will not biodegrade and therefore may remain in the water or intertidal areas for many years. The Department suggests that the applicant consider alternatives to this proposal. In addition, please provide a written description of the use of the six proposed piles Sincerely, Susan Ackerman Sr. Environmental Analyst C. Jori)n~; SA:slc cc: P. Fakiris CLEAVES POINT CONDOMINIUMS VILLAGE o COMMONS [] CLUB AND MARINA, INC. P.O, BOX 29 GREENPORT, NEW YORK '1'1944 (5'16) 477- 8657 FAX(516)477-8657 PA, July 23, 1999 JUL Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11944 Southold Town Planning Board Re: Su~mit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: In addition to the letters from our General Membership which were suk~itted at the Public Hearing this past Monday, enclosed please find three others. We would request that you take particular note of the letter from David Ma~a~ina (which was not submitted on Monday due to a wnyward FAX.) While Mr. Ma~ina addresses the issues as an intensely impacted h~meowner, his participation in town government lends a professional acumen to the matters at hand. In respect of the latter, and based on appearances that the above noted Covenant & Restriction may have been violated, Mr. Mammina could pro- vide case histories substantiating denial of applications by a Town Board when the applicant was proven to have acted in bad faith. Should your office have use for these files, we would gladly make them available. We appreciated the attention that the Planning Board m~m~bers gave to our points of opposition raised at the Public Hearing on Monday, and trust that you discer~he importance these applications hold for our co~m~unity. cc: David Ma~ina, 51 Tibu~ Ave., Carle Place, N.Y. 11514 cc: Boards of Managers/Directors, Cleaves Point Condeminioms Enclosures ( 3 ) 97-77 ~uee~BO~levOrd · 'gow~ ~:x * For~dHi~ N~ H$74 171 $) 89b-3873 · ,cox 1718) 896..270~ July 19, 1999 Bermeti Orlowski Jr., Chairman Town of Southold Planning Board 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re; Summit Estates, East Marion, N.Y. Covenant & Restri~ion #l 1 Dear Chairman Orlowski, I regret that we csn-o~ attend this hearing in person, as my family and I are away on vacation. After 15 ),cars of summering in the Crescent Beach Condominiums, last y~ar wc purchased Unit 6G2 in the Cleaves Point Condominiums. This is the most westerly end unit in thc most westarly building, and we ar~ on thc second floor. Thexefore, I feel certain that we are the mozt affected property owners. We directly abut this strip of land and look down upon it ~om every point in our home. I echo the opposition of my neighbors regarding thc modification ofoovenant and resu'i~on # 11, which was a key factor in the decision to purchase my home. I felt that the wisdom of the P!~ning Board in placing this restriction would be carded forward in perpetuity as our waterfront areas are stressed to their limits. As an in~onsequmtiai aside to your process and decision, I offer that I am the Chairman of the Board of Zonlng and Appeals in the Town of North Hempstead in Nassau County. I sincea'ely recogniz~ the difficulty of yonr job. From a more professional perspective, I feel that the most sigrgficant and urgent issue at hand is the 'OI,~..1UNTt~NSIFICATIOH OF LAND USE" and more specifically, water flow. These are ecologically sensitive areas and areas important to the Town and the livelihood of the Baymen. A Member Ame~Con Im~ufe of AmNfecb FROM D. MAMMINA ARCHITECT 1 718 ~96',?.70'J- k'.,~ Jfily I9, 1999 Chairman Benn~ Orlowski, Jr, Re: Summit Estates East Marion,'N.Y. Page 2 The issues are as follows: · This is a narrow strip of waterfront land less than i00 fee~ wide. As I understand R, it i~ already deeded for use by 35 families. I feel that this is, and of i~self, is an overinlansification which was put in place in the past. The use of the dock would only furthcr intensify the environmental and physical impac~ of 35 families using this land sli¥~r. In the past, the applicant has .approached this Board for an extension of his dock sta~ing that he "needed more draft.for his boar'. As a Board Chairm~ I see this as a back door approach to obtaining more potentisl slips in anticipation of this applioation. By comparison, the Cleaves Point CondominiUms contains one m~'ter o£a mile of ~ for sixty-Md units in total. A vast difference to I00'-0". As a final point, I am concerned that this "dogleg' ofprop~'y is 'no mans land' to homes in Summit Estates. It is no! viewed fi'om any homeowner property, nor is it 'on the way" to anywhe~ but the beach. What will prevent this area from becoming storage for trailers, boats, and related apparatus in what is essentially our front and side yards in our direc~ view. No covenant and restriction will be enforceable to prevent this. This will directly impact quality of life and property values for both Cleaves Point and Crescent Beach, I apologize for the length of this letter, but I feel that its' points are valid and important. Hopefully, we at Cleaves Point can rely on the judicious wisdom of your Board to protect us, Crescent Beach, and the Town from the expansion and intensification of use of this tiny piece of waterfront. Very truly yol~rS, . . ,. David Mammina and Family Bennet Ortowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signa~'re ~ ~/~% .~%0 ~%% Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Surmmit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his inm~ediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Si ature Unit Cleaves Poi~ Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 M~in Rd. P.O.Box 1179 Southold, New York 11971 JUL 19 1999 Southold Town Planning Board Re: Summit Estates, East Marion, N.Y. Covenant & Restriction #11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested %raterways. Signature D0%3 ~ }< ~ / ~3%~d3~N1 / Unit Cleaves Point Village Condominium and Cleaves Point Cor~nons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to ~afety concerns for the nav- igational hazards inherent in congested waterways. Cleaves Poi lage Condomi d Cleaves Point Commons Condominum JU_-19-1999 10:~ IRS-M~T~ RqST P.O1 ~et Orlowski, J=., Chairman Town of Southol~ plan~in~ 53095 M~in p.O.BOX 1179 Southold, New York 11971 Dear Mr. Orl~we}ti: As neighbor(s) of the ~bove note4 aul~iv~eion, th/s let~r is ~in~ for- ~4~ to ~ss o~i~i~ %o any s~ a~ls ~t ~d ~nge is ~ing ~ ~ t~ sidle f~ly =es~d~ l~a~ ~ ~ ]3, ~d in this ~ (of ~ 33) an4 his ~ia~ f~ily ~14 ~ a viola~ of the Anl~ increased use of this dock by boats or fo~b ~a~fic would Stress tbS ~ery limited wa~e~ ~ro~ag~ (~rom wh±cb this d~ck e~anetes) in negative ways ~hat stuart general noise and ~ollution to ~afety coz~ern~ £~= the nav- igationa/ baz~rde l~herent in co~ge~ed waterways. Cleaves Point Village Condominium and Cleaves Poin~ ~a Con~inum TOTAL P.O! P.001 ~er~et OrlOW~ki, Jr., Cbairm~n Town of Southold planning ~oard 53095 l~in l~d. P.O.I~x 1179 ~o~hold, New YO~ 11971 ~'l~lt Estates, _~.~t Marion, N.Y. Covenant & ]~estrictic~ #11 Dear Mr. O~l~ki: As neigh~r(S)o~ the a~ve nOted lubdivision, t~is letter is beln~ for- war4ed to ~ss opIx~ition to a~ e~ht a~ls t~t ~d c~ is ~ ~ ~ t~ single f=m~ly r~id~ l~s~ ~ ~t 33, and in r~, ~e ~ this d~ ~ ~ ~n t~ ~ats o~r th~ ~ ~ the ~ (of ~ 33) ~d ~s ~ta~ f~lY ~d ~ a ~o~ti~ of t~ ~ l~ ~ 0f ~s d~ ~ ~ts or f~ traffic ~d st~ v~ li~ ~t~ ~ (~r~ ~lch this d~ ~tes) in n~ti~ Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Cleaves Point Village Condominium and Cleaves Point Commons Condominum $UL-18-1999 IB:S~ AL~MANN AS~C. INC, P.01701 Banner Orlo~ski, Jr., Chairman Town of Southold Plannln~ Board 53095 Main Rd. P. 0. I~K 1179 Soutb~ld, New York 11971 Re: Su]n~it ~atatee, East Marion, N.Y. Covensnt & Rsstricti(m ~11 Dear Mr. Orlowski: As neighbor(s) of the above no,sd subdivision, this latter ia being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that tbe d~ck, as curren~lycxaivmyed, is being used by the single family reeidance located on Lot 33, and in this re, pet-t, use of this dockby more than two boats other tt~n tho~e of the owner (of Lo~ 33) and hit immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traEfic would stress the very limited water frontage (from Which this dock emanates) in ne~-ative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Cleaves ~oint Vlllag~ Corkfcminium and Cleaves P~int Ccm~ons Condominum TOTAL P,O1 Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Surm~it Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature ~, ~N~-~ Unit Cleaves Point Village Condominium and Cleaves Point Co,nons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Ortowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards ~ ~ted waterways. Signature~~--V~u~-~t~D"-~O / Unit ~ Cleaves, Pq~nt Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 1197] Re: Stmmlit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited wBter frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. / Signature ~ ~- ~ 0 Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Su~mit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his irmmediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Si~ure ~ ~%J 8 ~q- ~- Cleaves Point Village Condominium and Cleaves Point Co~nons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Sur~nit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited w~ter frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Si~re ~ - ~ ~l)~f:~ m~O~ Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two beats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature/~t~ ~t,~ ~ { Unit Cleaves Point Village Condominium and Cleaves Point Co~ons Condominum Bennet Orlowsl~i, Jr., C~atrman Town of Southold Planning Board 53095 Nain Rd. P.O.B~: 1179 Southold, New York 11971 D~ar I~. Orlowskl: Summit Estates, East Marion, N.Y. Covenant & Restriction As neighbor(s) of th~ abov~ noted subdivision, this letter is being for- warded to express op~osition to any sought approvals that would change the use of the dock. It is underetoo~ that the dock, as currently conveyed, is bein~ used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other t~an those of the owner (of Lot 33) and his Jim-diets ~am/Iy would b~ a violation of the Town Zoning Ordinance. Any iDcreased use of this dock by boats or foot traffic would stress the very limited water frontage (fr~whlch this dOCk emanates) in negative ways that sDan general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Cleaves Point Viila~ Condominium and Cleaves Point Co*raon8 Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Surmnit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature Ka~L-~T~ m, ~t~' / {Iq;M~o [~Pt~' unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Sun, nit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic w~uld stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature ~ B~f~ 6.~h~3~ ~t~% F. ~ Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Surmnit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- w~rded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by beats or foot traffic would stress the very limited w~ter frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Si~nature~l~ ~%]3=~'~ ~6~c~q~ ~1~%T~ Unit Cleaves Point Village Condominium and Cleaves Point Con, nons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- w~rded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his i~nediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature ~-~ ~. ~3 Unit Cleaves Point Village Condominium and Cleaves Point Co,nons Condominum 07/17/1999 13:81 516§873764 ~ENING P~E 01 Banner Orlows)ci, Jr., Chairman T~wn of Sontho%d planning 53095 Main ~. P.0.BOX 1179 SouthOld, New York 11971 Ret SU~l~t ~ltates, Ea8~ Marion, N.Y. Covenant & Restriction As neighbor(s) of the above nord subdivision, thAs letter is being for- warded ~o m~lmress opposition to any sought a~provalm that would change the UBB of the dock. It: is understood that ~he dock, al cur~ent:ly conveyed, is beln9 u~d by ~b~ single family residence located on Lob 33, and in bhis respect, use of this dock by more =hah two boat* othe~ ~han thosm of the owner (of Lo~ 33) and his i=~ediate fam/ly wotL%d be a v~ola=ton of the Town Z~ning ordinance. Any ~ncreaseduse of this dock by boats or foot traffic would stress the very limited wa~sr frontage (frc~ which this dock emanates) ~n negative ways that span g~neral noise and poilu=ion to safer7 concerns for the nav- igat~on&l haza=ds inherent in congested waterways. Cieav~s Point: v±liage Condcmtnium and Cleaves ~oint Co~m~ Condc~ainum FROM : KIRSCHBAUM ~HO~iE NO. : 171874~$75 Jul. 18 1999 %0:5~PM P1 ~nnet 0rlowski, Jr., Chairman Town Of ~outhold Planning Board 53095 Main Rd. P.O.I~'{ ~179 Southol~, NeW York 119~1 Summit Estates, East Marion, N.Y. ~ovens~%t & Restriction ~11 Dear Mr. Orlow~i: As neighbor(s) of the above noted subd~vision, this letter is being for- warded ~o express opposition to any sought approvals that would change the use of the dock. It i$ under~tond that the dock, as currently conveyed, is being used b~ the single family residence located on T~t 33, and in this respect, use of this dook by more than two boats other than those of the owner (of Lot 33) and his immedia%o family would be a violation of the Town Zonin~ Ordinanoe. Any increased use of this dock by boots or foot traffic would s~ress the very limited water frontage (frOm which this doc~ emanates) in negative ways that span 9aneral noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways, ~C~aVe~ Point VillaDe Oond~ini~ and Cleaves ~int C~ ~d~in~ Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Dear Mr. Orlowski: Re: Sunmit Estates, East Marion, N.Y. Covenant & Restriction ~11 As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited ~ter frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature (~ ~ ~9 0 t~ Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum ~r~t Orlow~l, Jr., Chair~lan Town Of .~outhold Plannin~ ~oard 53095 Main Rtl. P.O.BOx 1179 Sou~hold, New York 11971 Sun, it Estates, East Marian, N.Y. Covenant & ~estrictt~n %11 As neighbor(s) of the a~ove no~ed au]~ivision, ~hia lecher is being for- ~he ~e of %he d~k. I~ is ~dersto~ t~ ~he d~k, as c~rsn~ly ~yed, is ~ing ~ed ~ ~he si~le f~ily reside~ located on ~t 33, ~d ~s~, ~e of =his d~ by ~re ~n t~ ~ts o~er %~ ~se o~r (of ~ ~3) a~d his i~dta~e f~ily ~uld ~ a violation ~ the ~ ~ing Ordinance. Any increased u~e of this d6ck by hoars or foo% ~affic w~ulO stress the vary li~/~ed ~ater frontage (from which this do¢~ emanates) in neuative ~ys ~ha% span general noise and ~ollutio*% to safety concerns for the nav- i~ational hazards inherent in congested wa~ervays. Cleave~ ~oin~ village Cond~lnium and Cleaves Point Commons Condominmz ~a%et Orlow~ki, Jr., (~airman Town of ~uthold planning Board P.O.~ 1179 ~01d, ~w York 11971 Dear Mr. Orlowski ] neighbor(s) of the abOVe noted subdivisi~a, this letter ~ ~ ~r~s o9~sition to ~y ~ht a~Is t~t ~i~ ~ ~ the single f~ly ~sid~ l~t~ ~ ~t o~r (of ~& 33) ~d his ~ia~ f~ly ~d ~ a viola~i~ An~ i~crsased ~se of this dock by boa~s or f~ %~ffic ~d ~ress ~ ~ t~ s~ g~eral noi~ ~ ~11~ 'to ~e~y ~ for t~ nav- igatio~l ~z~ds i~r~% in ~ms~ cleaves Point Village Cond~minim~ and Cleaves Point Cu==,~$ com~ominum TOTAL Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Sur~nit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature k~d~ #~0~?_L~- ~-~l~ ~. ~-~4_~ Unit Cleaves Point Village Condominium and Cleaves Point Cormmons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Sur~it Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from whid% thi~ dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested ~.~sterwsys. Signature ~t%E ~I~-~-~ Unit Cleaves Point Village Condominium and Cleaves Point Cormmons Condominum ~nnet OrlOWS~i~ Jr.~ Chairman Town of Sou~ho/d P~ann~ng Boa~d 53095 M~n ~d. P.O.~x 1179 Sou~hold, New York 1~97~ AS neighbor(a) of the abowe no~d a~bdivision, this letter is ~i~ f~- ~r~ ~ ~o op~iti~ to any s~ght a~r~ls ~t ~d t~ ~e of ~ d~k. It i~ ~ers~ that t~ d~, as ~ly ~, is ~l~g ~ ~ t~ aisle f~il~ rsaid~ l~a~ ~ ~ 33, ~d ~r (of ~ 33) ~ his ~dia~ f~ily ~d ~ a vl~ati~ of Any increased use of this doc~ by boats or foot traffic would stress the very limited water frcmtage (frce~ which this dock emanates) in negative ways t~a~ sl~n ~eral noise and pollution to safety ~rrm ~or t/~ nav- igatio~al hazerds lnigmr~nt in conges~d waterways. Cleav~ Point Village Con~mtnl~ and Cleaves Point Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Surmnit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two beats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution ~o safety concerns for the nav- igational hazards inherent in congested waterways. Unit )int Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction #11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- w~rded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature k015 ~W Unit Cleaves Point Village Condominium and Cleaves Point Cormmons Condominum JLt-lG-1999 10:~4 P.02/02 Bennet Orlowski, Jr., Chairman Town oS Southcld Planning Board 53095 Main Rd. P.O. ~ox li7~ Southold, New York 11971 Dear Mr. Orlowski: Sumait Estates, East Marion, N.Y. Covenant & As neighbor(s] of the above noted subdivision, this let%er is being for- warded to eXpress op~ition to any sought &~provals that would change the use of the ~o~k. It is understood that th~ doc~, as currently conveyed, ia being used by the single family rsside~os locate4 on Lob 33, and in this resDeet, use of th/s dock by more than two boats other than those of the owner [of Lot 33) and his immediate family wou/d be a violati~ of the Town Z~ning Ordinance. Any incresse~ use of this doe~ by ~oate Or foot traffic would stre~s the v~ry limited ~tar frUnta~e (frc~ which this dock -.~_nstes) in negative ways that span g~e~al noise and Pollution to safety concerns for the igational hazards inherent in co~este~ Waterways. ~it # Cleaves l~oint Village Condominium and Clsaw~ Point Cc~mm~%s Condc~inum TOTAL Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Surmnit Estates, East Marion, N.Y. Covenant & Restriction %11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Cleaves Point Village Condominium and Cleaves Point Co~m~Dns Condominum ~enne~ Orlc Town of Sot 53095 Main P.O.Box 11~ Southold, Dear M~. 01 As neighbor warded to e the use of is ~ing us respect, us. owner (of L Town ZOning Any increae~ very llmite~ ways that igational Signl Clea, ~ki, Jr., CT~i~n~a hold Plannin~ Board d. York 11971 Covenant & Restriction ~) of the above noted subdivision, this letter is being for- 3tess oDposition to a~y sought approvals that would cha~e %g dock. It is understood that the dock, as curre/~tly ccw~veyed, ! by %he single family residence located on Lo~ 33, end inthie of this dOCk by more ~han two boats other than those of the ~ 33) end his ir~ediate family would be a violatio~ of the Ordinance. ~ uss of this dock by boats or foot traffic would stress the water frontage (frc~ which this dock ~ans~es) l~ ~ecjative in 9~meral noise and ~ollutio~ Do safe=y concerns for ~bm nav- ~ards ~nh~rent in congested ~ra%erw~ye. Point rill_age Condominium and Cleaves Point Co--nons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited w~ter frontage (from which this dock emanates) in ne(3ative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Cleaves Poin% Village Condominium and Cleaves Point Cox~ons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Stm~nit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature ~%~T ~ ~U%~r~O G, ~4~'~q~ Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Sunmit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his i~nediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature ~",l'~, 'FONq~L-q~ Unit Cleaves Point Village Condominium and Cleaves Point Cormmons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his irmmediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollutior~ to safety concerns for the nav- igational hazards inherent in congested waterways. Signature ~ R I~=~ Unit Cleaves Point Village Condominium and Cleaves Point Colons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his in~nediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by beats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution'to safety concerns for the nav- igational hazards inherent in congested waterways. Si .~ ~d~%~ Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Sun, it Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Si~natur~ ~ ~, (5%)I~-F~r~DT '~1~4%1- 1., 19, U~F-~w; ~0'~ Unit Cleaves Point Village Condominium and Cleaves Point Co, nons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Su~mit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterwmys. Signature Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Surmnit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his i~nediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature %0~kL%~ Unit Cleaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- wnrded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. CTeaves Point Village Condominium and Cleaves Point Commons Condominum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Suramit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is beinG used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his i~nediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. i natllre il ls c Te Condominium a Cleaves Point Cor lons cUon om inum Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Su~nit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his ir~ediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Unit Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is beinG used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his ir~ediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by beats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span General noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature Unit Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature Unit Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited ~rater frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature Unit Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Summit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited w~ter frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature Unit Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Su~mit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Su~mit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his immediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span General noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Unit Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P. O. Box 1179 Southold, New York 11971 Re: Su,~it Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is beinG for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his i~m~ediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in ne(3ative ways that span General noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Unit Bennet Orlowski, Jr., Chairman Town of Southold Planning Board 53095 Main Rd. P.O.Box 1179 Southold, New York 11971 Re: Sun,nit Estates, East Marion, N.Y. Covenant & Restriction ~11 Dear Mr. Orlowski: As neighbor(s) of the above noted subdivision, this letter is being for- warded to express opposition to any sought approvals that would change the use of the dock. It is understood that the dock, as currently conveyed, is being used by the single family residence located on Lot 33, and in this respect, use of this dock by more than two boats other than those of the owner (of Lot 33) and his irmnediate family would be a violation of the Town Zoning Ordinance. Any increased use of this dock by boats or foot traffic would stress the very limited water frontage (from which this dock emanates) in negative ways that span general noise and pollution to safety concerns for the nav- igational hazards inherent in congested waterways. Signature Unit # 3 qqlG ® ® ® / ,-%./$ MAP OF SUMMIT SECTION 1 AT EAST MARION TOW~ OF SOUTHOLD SUFFOLK COUNTY, ,N.Y, LASER FICHE FORM SUBDIVISIONS Project Type: Major Status: Final Approval SCTM #: 1000- 35.-8-6.5.3 Proiect Name: Summit Estates Section 1 SCANNED IDEC263006 { Records Management Location: southwest corner of NYS Rt. 25 & Shipyard Lane, East Marlo,, Hamlet: East Marion ..Applicant Name: Pantelis Fakiris/Gusmar Realty Corp. Owner Name: Gusmar Realty Group Zone 1: ~,pproval Date: 10/4/1993 PLAT Siqned Date: /0/~/~' OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: Zone 3: C and R's: Homeowners Association: R and M Aqreement: Address: County Filing Date: SCAN Date: now ar formerly Stale Of New York .. @ now or formerly ""~t~ Lorry D. Bouts 8~ Alison C. Bouts °/~ntonios G. Kc~simefides /~'~Colliope Kolsimotides LANE' now .or2 fo~~'~L _~uenfh~r~ Koyla B. Stotzk¥ ' now or formerly Kevin Robert McEIroye~Ann MorieMcEIroy nov/or formerly ~,~ Theodore/ G. Miller ~ Marry Mliiler / ® n/f dame~ ~ ~ Kathleen Kavanogh now or formerly Fred R.Schoenstein Jennie Schoenstein n/f Constantine Hortofilis 8~ Demetrios IHortofilis / ! ('T/ ~2 STY. FR BLDG, 4275 7,5 now or formerly "-. ~ · T - -- now' ~c, ormerly Otto Schoensteln I~ ~ ,John A[xei ~ June Schoenstein I Morguerita To~ Aexel ~ow or formerly Crescent Beach Condominium LOCATiON MAP SCALE: I": 600' CLUSTER SUBDIVISION SUMMIT AT EAST TOWN, OF SUFFOLK SKETCH PLAN ESTATES MARION SOUTHOLD COUNTY, NEW YORK 1990 ii,., I, SOUTHOLD 10W~4 ~ pLANNING BOARD ,~ NOTES ~ , I=MONUMENT zS:STAKE SUFFOLK COUNTY TAX MAP DIST. I000 SECT.~ BLK.8 LOT 5.3 TOPOSRAPHY SHOWN HEREON IS FROM"TOPOGRAPHIC MAP- FIVE EASTERN TOWNS" PREPARED FOR THE SUFFOLK COUNTY DEPARTMENT OF PUeLIC WORKS· OWNER: GUSMAR READY 1307 57TH. AVE. LONG ISLAND CITY N~ SITE DATA: I. TOTAL AREA: 40.8223 AC, 2. LENGTH OF ROAD=2680+- L.E 5. TOTAL NO. OF LOTS = 35 4. ZONING USE DISTRICT "R-40"RESIDENTIAL LOW DENSITY ~,A~ "RR" RESORT/RESIDENTIAL ALDEN W, YOUNG, N,Y,S, RE. 8 L.S LIC NO 12845 HOWARD W YOUNG, N YS, L S LIC NO 4589~ 50299 . ~,,~6.~ ~, .. ~ ' ,,~. .- .' .~-' ~ ~ x~.~ ~: ' ' ~ I , - 'C~,~:/~,~ ~ ~ n ~ ~ ~,~ ~..~.o~ . ...... :~_ . . 4 4ACRES , , u ~-~ · ~ '/,, 'o~1 ~ ~ ~J WOODEDAREA I. TOTAL AREA~ 0;822 . ~: ' , ' ~ r ; / z ~ r ~ . 2 ZONING USE D STRICT; . ' ' %~¢~ ' ¢ ' / ~ , 7~ ~ TREES R" RESORT/ RESIDENTIAL '"'"'~"" ' I : ~ ~.. ~/ i ~.~ ~: i - , F : ~ ~¢*~ , - ' '; // ~ & ~ FENCE --~ x 3 TOTAL LENGTH O~ ROADS- a678 L .... . I. ~~.~o/~"m!%~ A,~ ~N 4 TOTAL NO. OF LOTS = 35 ' ~ ~ I / ~ ~ ,0~ N X2.7 ~.1 ~ _ ~ SPOT ELEVATION Xz. 8- ' ' ' '1~d~L" ~ ,, ~ · ~o~ , . , .~,,. , , ,/~~ .~( ~.~ v v ~ ' ~// .... ~_ az ~L ~~ ..... ~m -. ' ~' "" '"'~ ~ ~*~ ~ 'ERS fl ' -'~ ' bUlVllVll/ ~b/~/~b :,'-x-'~,~-,~ , ~ s~D/~ ff ~r q~; , , , ~ ~ // ' , ~r, ~ /~ ~ ~ ~SE~D CI~,N~IIIOI 3 TOPOGRAPHY SH~NHER~N PREPAR~O 0 0 (CI='I~OPIL~ I~OAD 'A' +ox. oo % 0 ~ 0 ~ 0 ~.ro 'x \ CLUSTER PRELl MI NARY SUBDIVISION MAP PREPARED FOR SUM M IT ESTATES MARION SOUTHOLD COUNTY, N.Y. AT EAST TOWN OF SUFFOLK YOUNG ~, YOd~/~ M F' ,% o ~O O o 0 o tO 0 +o.~oo % h 0 A 4) TYPIOAL- (_.LIR:'~ DE:'I'AI L- .~,~ -FYI'I6AL. I~OAD rgr~(.TlOl',l I: SITE DATA: 1, TOTAL AREA = 17.5036 ACRES 2. ZONING USE DISTRICT: 'R-40' RESIDENTIAL LOW DENSITY AA 5. TOTAL NO. OF LOTS = 10 JUH 8 1993 S,C. DEPT. OF I~EALT~I SER¥16ES MAP OF SUMMIT SECTION 1 AT EAST MARION TOWN OF SUFFOLK ,COUNTY, SCALE: 1" = 100' JOB NO. 89-0952 N $5'44'; W A ,no~v or former n~onloe O & 'Y · CO/iope EatS/matides ESTATES SOUTHOLD 1514 G ® ® 30000 s.f, ~ 30000 s.f. 50000 s.f. ~ 4 5' g 30004 s.f. ® 50000 s.f. s 30000 s.f. es of po;el/te Depo/trne , c Works nc ® 30038 s.f. 33'J5'38"90.04~~ b 30477 s.f, ® o 302~5 s.f. 2?, YOUNG & YOUNI 400 OSTRANDER AVENUE. RIVERHEAD. N,Y. ALDEN W. YOUNG, N,Y,S. P.E. & L.S. LiC. NO. 12845 HOWARD W. YOUNG, N.Y.S. L$. UC, NO. 45893 THOMAS C. WOLPERT, N.Y.S.P.E. LIC. NO. 61483 or farine-, ,x/lison C. 8out~ 402. now Larry D. & now 0 ~ ,f formerly '-Uture CUsmar Realty Corp. Section 2 / /Kevin / Mc~lroy,, Theodore form erly & Mary M/I/er ,/ NOTE: SUFFOLK COUNTY TAX MAP DIST. 1000 SLOT. 35 BLK. 8 LOT 5.3 OWNER: GUSMAR REAL*C( CORP, C/O VICTORIAN, REALTY 11 WEST MAIN ST, RIVERHEAD. N.¥. 11901 NOW Or fOrmerly Gusto, Realty Corp. 8=170..32' L=35.58' ~ "¢~ ~ ReC'horge 8OSin '~8252 s f N 34.32,32,, W/ no~( or former` Utto ,%. , ~y °Choenstei~ THE WATER SUPPLY ~ND SEWAGE DISPOSAL FACILITIES FOR ALL LOTS IN ]]HIS DEVELOPMENT COMPLY WITH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT OF HEALTH· HOWARD W. YOLTWG. N.Y.S.L.S. LIC. NO, 4~895 "I HEREBY CERTIFY THAT ALL LOTS SHOWN ON THIS PLAT COMPLY WITH THE REQUIREMENTS Of THE BUlILDING ZONE ORDINANCE OF THE TOWN OF SOUTHOLD. EXCEPT AS MOOIFEED PURSUANT TO SE~]]ON 281 OF THE TOWN LAW AND ARTICLE XVill OF THE CODE OF THE TOWN OF SOUTHOLO." THEE DIMENSIONAL REQUIREMENTAL FOR ALL LOTS SHALL CONFORM THE "RR" RESORT/RESIDENTIAL ....... {~_ c,,.-" ~_. ~_..L~'..._¢_ ....... BY DATE: CHAIRMAN, PLANNING BOARD THE LOT LINES OF SUBDIVfSION MAPS AS F~LED, CANNOT BE ALTERED WITHOUT PERMISSION FUture fOrmerly 36'51'12" E Secf'lon 3 GaSmor Realty Corp· Tam Aexel ' Jennie / Schoens~e/° / .J now or fOrmely Parkside Height~ Co. 806.96' 758 TYPICAL SEWAGE DISPOSAL SYSTEM O ~ LOCATION MAP SCALE' I": 600' j"".,,,,,"o--"'-'"'";=¢l, ,, , ,. , d, "'~.~e' qd , / resce2~°~e°r formerly t ach Condominium ROAD T'CPICAL PLOT PLAN A DECLARATION OF COVENANTS AND RESTR CTIONS HAS BEEN FILED IN THE SUFFOLK COUNTY OLERS~S OFFICE WHICH AFFECTS LOTS~ [NTHIS SUBOIVISION JUL 71993 $OUTHOLB TOWN PLANNINO BO&RD SITE DATA: TOTAL AREA = 17,5056 2. ZONING USE DISTRICT: 'R-40' RESIDENTIAL LOW DENSITY AA TOTAL NO. OF LOTS = 10 MAP OF SUMMIT SECTION EAST OF SUFFOLK ,DATE; MAR. 11, 1992 ACRES N 35.4 W Katsimatides /Ope ESTATES 1 MARION Open Space 2.6719 ACres ~POrcel '[~, ® 30000 s.f. New 165.2 ® ,® 30000 s.f. Z 30000 s.f. S 33.35,j8,, 90. 04,~ s ~7~ ~ 205,3 30000 s.f. ® 30038 30000 s.f. ~ ;3' 8 SOUTHOLD COUNTY, N.Y. Y4~OUNG& N N;Y.S. p,E, ~C NO~ . ~OMAS C, WO~pERT, 402. L-amy ;O~:o~ fOrmerly · /lison C. BOUts / /Kevin / 30004 s.f. 30000 s.f. 30477 s.f, 50215 s.f. S I S Realty R=170.52' CHios t ~,,o~eN 35'~4,; w LANE _R~ 40. 00' 404. 01' L~34,53' now or fOrmerly Ousmar Realty Corp. FUture Section 2 now or formerly Rob?~w or formerly ~ & Anne Marie Mcgiroy,, / now or T~eodore ~. fOrmerly & Mary ~iller NOTE: SUFFOLK COUNTY TAX MAP DIST· 1000 SECT· 35 PLK. 8 LOT 5.3 OWNER: GUSMAR REALTY CORP, C/O VICTORIAN REALTY 11 WEST MAIN ST. RIVERHEAD, N,Y, 11901 185. , aW or formerly ' / ~ 'v~orgueritq ~a~ Aexel THE WATER SUPPLY AND SEWAGE DISPOSAL FACILIllES FOR ALL LOTS IN 11418 DEVELOPMENT COMPLY WI~ THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY DEPAR~tENT OF HEALTH· HOWARD W. YOU'~G, N.Y.S.t.S, LIC. NO. 45893 ~ i HEREBY CER~IFY THAT ALL LOTS SHOWN ON THIS PLAT COMPLY WiTH THE REQUIREMENTS OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF 80UTHOLD, EXCEPT AS MODIFIED PURSUANT TO SECT[ON 281 OF THE TOWN LAW AND ARTICLE ×V~II OF THE CODE OF THE TOWN OF SO~THOLD."= THE DIMENSIONAL REQUIREMENTAL FOR ALL LOTS SHALL CONFORM THE "ER" RESORT/RESIDENTIAL ZONING DIS~ICT[ ' I HERESY CERTIFY THAT THIS MAP WAS MADE BY US FROM ACTdAL SURVEYS COMPLETED MA~, 11, 1992 AND THAT ALL CONCRETE MONUMENTS SHO~ THUS: · HEREON ACTUALLY EXIST AND THEIR POSITIONS GEODETIC SET ILS ARE CORREC . CHAIRMAN, PLANNING BOARD FROM ~E PLANNING BOARD, AHD LO~ MUST BE SOLD A3 SHO~ ON ~E SUBDI~SION MAP. ./ Corp. ~ !~OuSmqr~ Realty Parcel 'C' 56'51'72" E now or fOrmerly Parkside Heights Co. 806.96' 758, FUture Section now or formerly QuSmor 3 Realty Corp. F · & Jennie SChoens(ein TYPICAL SEWAGE DISPOSAL SYSTEM ,/ CresCe?t°;¢°r _f°rmerl ~Ocn Cond~minium ROAD TYPICAL PLOT PLAN LOCATI~ON MAP SCALE:I'=k.SO0' TIE IN, NOTE, A D[ELARATION OF COVENANTS AND R£STRICTI,ONS HAS BEEN FILED IN THE SUFFOLK COUNTY CLERKS OFFICE WHICH AFFECTS LOTOTS IN THIS SUBDIVISION IN LIBER //~7/ CP ~¢~/ . ~8~ I/EO,~ aP. /Z."~ PL&NNIND