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HomeMy WebLinkAbout1000-33.-5-14I PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Odowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P. O. Box 1179 Southold, NewYark 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FRON: RE: DATE: Office of the ZBA Melissa Spiro, Planner~ E. Pappas and Others SCTM9 1000-33-5-14 April 22, 1994 I have reviewed your inquiry of April 20, 1994, in regard to the above mentioned property. A two lot minor subdivision was endorsed by the Planning Board Chairman on March 28, 1983 for this property. Please see the enclosed copy of the endorsed plan. I have also enclosed a cody of the Declaration of Covenants and Restrictions filed as a condition of final subdivision approval for your assistance. DECLARATION OF COVENANTS AND RESTRICTIONS both residing at 30-22 34th Street, Astoria, N.Y. WHEREAS, Eleftherios Pappas and Theano Pappas/and Gregory both residing at 30-22 34th Street, Astoria, N.Y. Athanasopoylos and Alexandra Athanasopoylos/have made formal application to the Planning Board of the Town of Southold for approval of a minor subdivision plat entitled Eleftherios & Theano Pappas, Gregory & Alexandra Athanasopoylos located at Greenport, and which was submitted to the Planning Board August 11, 1982 and a filing fee in the amount of $50. was paid November 9, 1982 and upon which said application a public hearing was held by the Planning Board of the Town of Southold on Marck 7, 1983 at 7:30 p.m., and WHEREAS, the application for subdivision approval was granted by the Planning Board of the Town of Southold on March 28, 1983 subject to certain conditions, and WHEREAS, one of the conditions was that the applicant execute and file with the Town of Southold and with the County Clerk of the County of Suffolk a declaration of covenants and restrictions stip- ulated by the Planning Board of the Town of Southold in its said resolution of approval of March 28, 1983. NOW, THEREFORE, the parties herein declare that the property shown on the aforesaid map is held and shall be conveyed subject to the restrictions and covenants set forth in this declaration to wit: 1. Each party hereto, in the deeds separating the one parcel into two parcels will provide a right-of-way over the western 25' of the lot fronting on the Middle Road (so- called). 2. Said easement shall be in common between the owners of both plots and there shall be no egress from or ingress to Lot #2 (road frontage) except by said common easement. 3. The driveway upon said easement shall make an angle of at least 70% with the County Road. 4. Each lot shall have a turnaround provision, such as a T-shaped shunt, so that a vehicle leaving the lot will not be required to back out into said Middle R~ad. 5. All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out into the right-of-way of Middle Road. 6. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. The real property contained within such subdivision is ~lldescribed on Schedule A' attached hereto and made a part hereof. Each of the covenants and restrictions herein set forth shall ]~run with the land in perpetuity and shall bind all future owners thereof. IN WITNESS WHEREOF, Eleftherios Pappas and Theano Pappas and ~,IGregory Athanasopoylos and Alexandra Athanasopoylos have caused this ~idocument to be executed this ~--~. day of April, 1983. Eleftherios -2- APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM 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: Office of the Planning Board Office of the ZBA April 20. 199q E. Pappas and Others 1000-33-5-14 We presently have-an application for excessive-height to an entrance gate, which is accompanied bya "Minor Subdivision on Map of Property surveyed for Eleftherios Pappas" dated August 5, 1982. Please confirm whether or not the owners or their agents have applied to the Planning Board for a minor subdivision as shown on the attached map. We are concerned that they are showing a subdivision when none may exist,. Thank you. APR 2 1199 SOUTHOLD TOWN FLANNING BOARD Southold, N.Y. 11971 (516) 765-1938 April 28, 1986 Mr. Paul Henry 21 Hayden Avenue Great Neck, NY 11024 Re: Pappas, and ano. Dear Mr. Henry: In accordance with our conversation of this date, enclosed is a copy of the approved subdivision for Pappas and Athanasopoylos located at County Route 48, Greenport. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD Bv~D~IPLANNING ~OARD y e M.Schultze, Secretary enc. IRVING L. PRICE, JR. May 6, 1983 MAY 6 R[C'D Susan E. Long, Secretary Southold Town Planning Board Main Road Southold, New York 11971 Re: Pappas & Athanasopoylos Dear Sue: Enclosed herewith please find: (1) (2) Four (4) survey prints Copy of Declaration of Covenants and Restrictions recorded in Liber 9346 page 99 If you have any questions, please do not hesitate to contact me. Very truly yours, ILP:kk Enclosures HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, .h. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 March 30, 1983 TELEPHONE 765-1938 Mr. Irving L. Price, Jr. Attorney at Law 828 Front Street Greenport, New York 11944 Re: Pappas & Athanaspoylos Dear Mr. Price: The following action was taken by the Southold Town Planning Board, Monday, March 28, 1983. RESOLVED that whereas a formal application for the approval of a subdivision plat entitled Eleftherios & Theano Pappas, Gregory & Alexandra Athanasopoylos, located at Greenport was submitted to the Planning Board August 11, 1982 and, a filing fee in the amount of $50. was paid November 9, 1982 and, WHEREAS, a public hearing was held on said subdivision application and plat at the Town Hall, Southold, New York on March 7, 1983 at 7:30 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have been met bY said subdivision plat and application, NOW, therefore, be it RESOLVED that the application of Eleftherios & Theano Pappas, Gregory & Alexandra Athanasopoylos for approval of said subdivision plat prepared by Roderick Van Tuyl, P.C. dated April 12, 1982 and amended January 7, 1983, be approved and the Chairman be authorized to endorse approval on said subdivision plat subject to the following conditions within six (6) months from date of resolution. 1. An easement shall be created for a common driveway access within the right-of-way. 2. There shall not be any ingress or egress to Lot 2 along Middle Road except by the common driveway access. Mr. Irving L. F ce, Jr. (2) March 30, 1983 The driveway shall make an angle of at least 70© prefer- ably 90© with the county road. Each lot shall have a trunaround provision, such as a T-shaped shunt, so that a vehicle leaving a lot will not have to back out into the traffic stream on the road. Ail stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out into the right-of-way of Middle Road. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. Conditions 2-6, inclusive, 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. Please forward four (4) copies of the final map to our office, along with a copy of the filed and recorded covenants and restrictions. Upon receipt, the Chairman will endorse approval on said maps; two copies will be returned to you for your records. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main Road, Southold, New York, in said town on the 7th day of March, 1983, on the question of the following: 7:30 p.m. Approval of the minor subdivison of Eleftherios & Theano Pappas, Gregory & Alexandra Athanasopoylos, located at Greenport in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a monument on the northerly line of Middle Road (C.R. 48) at the southeasterly corner of the premises herein described and which monument also marks the southwesterly corner of land now or formerly of Tasker; running thence along the said northerly line of Middle Road (C.R. 48) south 77 degrees 57 minutes 30 seconds west 200.36 feet to land heretofore conveyed by Joseph M. Schneider and Kathryn D. Schneider, his wife, to Leighton L. Phelps; running thence along said last mentioned land north 16 degrees 32 minutes 20 seconds west 474.83 feet to land of "Eastern Shores at Greenport" as shown on map filed in the office of the Clerk of the County of Suffolk on April 27, 1964 as Map No. 4021; running thence along said land of "Eastern Shores at Greenport" north 76 degrees 37 minutes 40 seconds east 203.32 feet; running thence still along land of "Eastern Shores at Greenport" and along land now or formerly of Tasker south 16 degrees 13 minutes 40 seconds east 479.64 feet to the monument on the northerly side of Middle Road (C.R. 48) the point or place of BEGINNING. Containing 2.207 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD HENRY E. RAYNOR, JR., CHAIRMAN HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE KITCHiE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 A regular meeting of the Southold Town Planning Board was held at 7:30 p.m., Monday, March 7, 1983 at the Town Hall, Main Road, Southold, New York. Present were: Chairman Henry E. Raynor, Jr. Member G. Ritchie Latham, Jr. Member William F. Mullen, Jr. Member Bennett Orlowski, Jr. Building Administrator Victor Lessard 7:30 p.m. Public Hearing on the question of the approval of the minor subdivision of Eleftherios & Theano Pappas, Gregory & Alexandra Athanasopoylos, located at Greenport. On motion made by Mr. Mullen, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board dispense with the reading of the metes and bounds on the property of the minor subdiv- ision of Eleftherios & Theano Pappas, Gregory & Alexandra Athanasopoy- los, located at Greenport. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski Mr. Raynor presented proof of publication in the Long Island Traveler- Watchman. Mr. Raynor: In review of the file we have correspondence to the appli- cant's attorney Mr. Price setting tonight as Public Hearing at this time and we are in receipt from the Town Clerk of the filing fee in the amount of $50 for this two lot minor subdivision. Further review of the file we have from the Suffolk County Planning Commission the following: At its regular meeting on March 2, 1983, reviewed the proposed subdivision plat above, referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to approve said map subject to ~e following seven Condit- ions deemed necessary to help preserve the traffic safety and carrying capacity of Middle Road, a county road: pg. (2) 3/7/83 1. An easement shall be created for a common driveway access within the right-of-way. There shall not be any ingress or egress to Lot 2 along Middle Road except by the common driveway access. The driveway ~hall make an angle of at least 70© and preferably 90 with the county road. Each lot shall have a turnaround provision, such as a T-shaped shunt, so that a vehicle leaving a lot will not have to back out into the traffic stream on the road. Ail stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out into the right-of-way of Middle Road. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. Conditions 2-6 inclusive, shall be filed as covenants and restirictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board of the Town of $outhold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. The Commission also offers the following two comments on the map for your use and consideration: It is suggested that the approval of this subdivision be made subject to the subdivision's meeting the requirements and standards of the Suffolk County Department of Health Services. The creation of the landlocked parcel ( in this case Lot i ) is beleived to be contrary to state law. Your attention is called to Section 280-A paragraph 5, of Town Law as one of laws that may pertain to this matter. It is suggested that you have your attorney look into the legality of creating a landlocked parcel, signed by Charles G. Lind. Further correspondence to the applicant's attorney declaring the Southold Town Planning Board as lead agency under the State Environmental Quality Review Act and approving the sketch plan on October 7th. Opposite Pg- (?) 3/7/83 transmittal to the County from this office. Correspondence from the applicant's attorney's office to this office forwarding maps. Corres- pondence from this office to the Suffolk County Planning Commission pertaining to Article 13, correspondence fromthis office to the New York State Environmental Conservation with regard to the short environ- mental assessment form stating if they have any objection it should be filed in this office prior to January 28, 1983. More correspondence from the applican%'s attorney, along with the fee, application for the approval of the plat, proposed covenants and restrictions, a short environmental assessment form and additional copies of the map. As is the procedure with this Board we will ask this evening if there is any- one present who would like to speak in opposition of this proposed minor subdivision? (Negative) Hearing Done, is there anyone present this evening who would like to speak in favor of this proposed minor subdivision? Irving L. Price, Jr. - Mr. Chairman, members of the Board, I represent the applicant. My name is Irving L. Price, Jr., Attorney at Law. My office is at 828 Main Street, Greenport, New York. I would like to point out two things I believe you haven't covered. The lot for each resulting lot would be more than an acre. The area being 1.068 and the other being 1.139 acres and I don't know who the gentleman was who prepared the letter from the Suffolk Planning Board, but I respect- fully disagree with his interpretation of this as a landlocked lot. I believe the law says this is not a landlocked lot. Mr. Raynor: I think the Board agrees with your interpretation also Mr. Price. We've gone through this a number of times with the Suffolk County Department of Planning. Is there anyone else present who would like to speak in favor of this proposed minor subdivision? (Negative) Hearing none, is there anyone present this evening who has some infor- mation pertaining to this subdivision that should come before this Board at this time that may be neither pro nor con but would help this Board in making a determination? (Negative) Hearing none, Mr. Orlowski? (Negative) Mr. Latham? Mr. Latham: Just that we don't take their recommendation on the right- of-way. Mr. Raynor: Okay. We'll put that cormment into the minutes. Anything else Ritch? Mr. Latham: No. Mr. Raynor: Mr. Mullen? (Negative) Alright, there being no further comments or questions we will deem this hearing closed and thank you for coming down this evening. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK PETER F. COHALAN SUFFOLK COUNTY EXECUTIVE LEE E. KOPPELMAN DIRECTOR OF PLANNING Mr. Henry E. Raynor, Jr., Chairman Town of Southold Planning Board Main Road Southold, N.Y. 11971 Re: March 3, 1983 Minor Subdivision - Eleftherios & Theano Pappas and Gregory & Alexandra Athanasopoylos Northerly side of Middle Road, C.R. 48, 260.46 feet easterly from McCann Lane, Greenport, N.Y. Dear Mr. Raynor: The Suffolk County Planning Commission at its regular meeting on March 2, 1983, reviewed the proposed subdivision plat entitled, "Minor Subdivision - Eleftherios & Theano Pappas and Gregory & Alexandra Athanasopoylos", referred to it pursuant to Section 1333 of the Suffolk County Charter. After due study and deliberation it resolved to approve said map subject to the following seven con- ditions deemed necessary to help preserve the traffic safety and carrying capacity of Middle Road, a county road: ~ 1. An easement shall be created for a common driveway access within the right-of-way. ~ 2. There shall not be any ingress or egress to Lot 2 along Middle Road except by the common driveway access. The driveway shall make an angle of at least 70° and preferably 90° with the county road. Each lot shall have a turnaround provision, such as a T-shaned shunt, so that a vehicle leaving a lot will not have to back out into the traffic stream on the road. All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out into the right-of-way of Middle Road. ~ 6. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. VETERANS MEMORIAL HI(;HWAY HAUPPAUGE, l.l., NEW YORK ~ ~ 788 (516) 360-~192 Mr. Henry E. Raynor, Jr. 2 March 3, 1983 7o Conditions 2-6, inclusive, shall be filed as covenants and restric- tions in the office of the County Clerk on or prior to the granting of approval to this subdivision. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Town Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. The Commission also offers the following two comments on the map for your use and consideration: It is suggested that the approval of this subdivision be made subject to the subdivision's meeting the requirements and standards of the Suffolk County Department of Health Services. The creation of a landlocked parcel (in this case Lot 1) is believed to be contrary to state law. Your attention is called to Section 280-a, paragraph 5, of Town Law as one of laws that may pertain to this matter. It is suggested that you have your attorney look into the legality of creating a landlocked parcel. Very truly yours, Lee E. Koppelman Director of Planning Charles G. Lind, Chief Planner Subdivision Review Section File: S-SD-83-02 CGL:jk Encl.: M~p cc: A. Barton Cass, SCDPW LEGAL NOTICE Notice of Hearing NOTICE IS HEREBY GIVEN that pursuant to Section 276 of the Town Law, public bee ri~l~,S will be held by the Southold Town Planning Board at the Town Hall, Main Road, Soathold, New York, in said town on the 7th day of March, 19~3, on the quez .tion of the following: 7:30 p.m. Approval of the minor subdivision of Elefther- los & Theeno Pappas, Gregory & Alexandra Athanasopoylo~, located at Greenport in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING'at a monu- moat em the northerly line of Middle Road (C.R. 4~) at the southeasterly corner of the premises herein described and which monument also marks the southwesterly corner of land now or formerly of Tasker; running thence along the said northerly line of Middle Road (C.R. 48) south 77 degrees 57 minutes 30 soconds west 20~.36 feet to land heretofore conveyed by Joseph M. Schneider and Kathryn D. Schneider, his wife, to Leighton L. Phelps; running thence along said last mentioned land north 16 degrees 32 minutes 20 seconds west :474.83 feet to land of "Eastern Shores at Green- port" as shown on mapf~,d in the office of the Clerk of the County of Suffolk ou April 27, 1964 as M~p No. 4021; running thence along said land of "Eastern Shores at Grcenport" north 7S degrees 37 minutes 40 seconds east 203.~2 feet; running thence still along land of "East.em Shores at Greenport" and along land now or formerly of Tusker south 16 d~rees 13 minutes 40 seconds east 479.64 feet to the monument on the northerly side of Middle Road (C.R. 48) the point or place of BEGIN- NING. Containing 2.207 acre~. ,~n~, person desiring to be heard on ~. above matter should appear at ~, time ~ placeu~Specifie~ ' BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD HENRy E. RAYNOR, JR., CHAIRMAN 1T1~,~1-4179 COUNTY OF SUFFOLIt., STATE OF NEW YORK, } ss: · r.z~?.o.~..G .u.s.~..a.v.s.o..n .................... bein~t duly Sworn, says that . ..h? .... is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published ~'t Greenport, in said county: and that the n,otic~, of which the mmex~d is u printed copy, has been published in the said Suffolk Weekly Times one once in eoch week, for ........................... weeks successively oommencing on the ...~.4.~}~ .................. February Sworn to before me this .~..4.~.~....l, I day of February. HELEN K DE V0E NOTAI~y PLJ~LIC. $~ate of New Yor~ No 4707878. Suffolk County Term Expires Marcil 30, 19.~_~ LEGAL NOTICE Notice of Hearing NOTICE lS HEREBY GIV- EN that pursuant to Section 276 of the Town Law, public hearings will be held by the Southold Town Planning Board at the Town Hall, Main. Road, Southold, New York, in said town on the 7th day of March, 1983, on the question of the following: 7:30 p.m. Approval of the minor subdivision of Elefther- los & Theano Pappas, Gregory & Alexandra Athanasopoyl0s, located at Greenport in the Town of Southold, County of Suffolk and State of New York and bounded and described as follows: BEGINNING at a monument on the northerly line of Middle Road (C.R. 48) at the sonth- easterly corner of the premises herein described and which monument also marks the southwesterly corner of land now or formerly of Taske£; running thence along the said northerly line Of _Iv~.~dle Road (C.R. 48) sou~' 77 degrees 57 minutes 30 seconds west 200.36 feet to land heretofore conveyed by Joseph M. Schneider and Kathryn D. Schneider, his wife, to Leigh- ton L. Phelps; runnia~ thence along said last mentioned land north 16 degrees 32 minutes 20 seconds west 474.83 feet to land of "Eastern Shores at Green- port" as shown on map filed in the office of the Clerk of the County of Suffolk on April 27, 1964 as Map No. 4021; running thence along said land of "Eastern Shores at Greenport" north 76 degrees 37 minutes 40 seconds east 203.32 feet; running thence still along land of "Eastern Shores at Greenport" and along land now or formerly of Tasker south 16 degrees 13 minutes 40 seconds east 479.64 feet to the monument on the norther- ly side of Middle Road (C.R. 48) the point or place of BEGINNING. Containing 2.207 acres. Any person desiring to be heard on the above matter should appear at the time and place above specified. BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD HENRY E. RAYNOR, JR., CHAIRMAN 1T-2/24/83(2) COUNTY OF SUFFOLK STATE OF NEW YORK Potricio Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, o 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 Traveler-Watch- t man once each week for ........................................ weeks successively, commencing on the ......... ~.~ ...................... ............... Sworn to before me this ............. ,c~..~....~ .......... day of ........... ............ , CL.EMFNT J, THO~PSON NO!ARy PLJ~LIC, State of New York ,'~ 52-~2172~ ~es~dinf~ in Suff0J~ C~,~ ,, HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. T P~D Southold, N.Y. 11971 February 16, 1983 TELEPHONE 765-1938 Mr. Irving L. Price, Jr. Attorney at Law 828 Front Street Greenport, New York 11944 Re: Pappas & Athanasopoylos Dear Mr. Price: The following action was taken by the Southold Town Plan- ning Board at their regular meeting February 7, 1983. RESOLVED that the Southold Town Planning Board set 7:30 p.m., Monday, March 7, 1983 at the Town Hall, Main Road, Southold, as the time and place for a publc hearing on the question of the approval of the minor subdivision of Pappas Athanasopoylos. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM. Jr. WiLLIA31 F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 January 25, 1983 Mr. Charles Lind Suffolk County Dept. of Planning Veterans Memorial Highway Hauppauge, New York 11787 Re: Pappas & Athanasopoylos File: 1333-D-83-03 Dear Mr. Lind: Enclosed for your review are three copies of the above captioned minor subdivision map. If you require additional information, please advise. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary Encls. HENRY E, KAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RiTCHIE LATHAM, Jr. WiLLiAM F. MULLEN, Jr. Southold, N.Y. II97[ TELEPHONE 765-1938 January 25, 1983 Mr. Irving L. Price, Jr. Attorney at Law 828 Front Street Greenport, New York 11944 Re: Pappas and G.A. Athanasopoylos Dear Mr. Price: As I was unable to contact you by phone 1/12/83, please review the enclosed correspondence from the Suffolk County Department of Planning stating the maps referred by our office do not meet the requirements of a final map and ther~- fore will not be reviewed by that agency. A copy of the re- quirements for a final map have been enclosed for your review. When we are in receipt of the amended maps (six ~opies), we will again refer them to the Planning Commission for their consideration. If you have any questions, please call our office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Ssuan E. Long, Secretary IRVING L. PRIGE, JR. ATTORNEY AT LAW January 24, 1983 Henry E. Raynor, Jr., Chairman Planning Board Town of Southold Main Road Southold, New York 11971 Re: Pappas & Athanasopoylos Dear Mr. Raynor: Pursuant to your telephone call of January 21, 1983, enclosed herewith please ~nd six (6) additional prints of the minor subdivision map. If you have any questions, please do not hesitate to contact me. Very truly yours, ILP: kk Enclosures COUNTY Of SUFFOLK DEPARTMENT OF PLANNING ($16) 360-5207 ~; ,:'; U_.b U LEE E. KOPPELMAN January 17, 1983 Mr. Henry E. Raynor, Jr., Chairman Town of Southold Planning Board M~in Road $outhold, N.Y. 11971 Plat Name: Location: Preliminary Final X MinoK Subdivision - E. & T. Pappas, and G. & A. Athanasopoylos N/s of Middle Road C.R. 48, 260.46' e/of McCann Lane, Greenport, N.Y. Dear Mr. Raynor: Please be advised that pnrsnant to Section 1333, Article XIII of the Suffolk County Charter, the above referral will not be reviewed by the Suffolk County Planning Commission because of noncompliance with requirements for notice and maps as stipu- lated in Informational Bulletin #8 of the Suffolk County Planning Commission. The material as checked be]ow is required before referral will be reviewed: 3 copies of final map 1 copy of preliminary map 1 copy of proposed grading plan 1 copy of proposed road profiles 1 copy of proposed drainage plan 1 copy of topographic map Letter from N.Y.S.D.E.C. (Tidal Wetlands and/or Freshwater Wetlands Act) X Other (1) Zoning classification. (2) Map should indicate "Minor Subdivision" in title. Please consult Suffolk County Department of P!ennin~ !nfo~m~tional Builetin No. 8 for complete referrai r~uJreme.ts. ~11e: 1333-~-83-03 CgL:jk Form: SRS-76-01 Very truly yours, Lee E. Koppe]man Director of Planning Charles G. 'E~nd, Chief Planner Subdivision Review Section IRVING L. PRICE, JR. JAN ]-2 IIFC'~] January 10, 1983 Planning Board Town of Southold Main Road Southold, New York 11971 Re: Minor Subdivision for Pappas & Athanasopoylos Gentlemen: Enclosed herewithplease find six (6) prints of the final map for the subject application. If you have any questions, please do not hesitate to contact me. ILP: kk Enclosures HENRYE RAYNOR. Jr,.Chairman FREDERICK E GORDON JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM. Jr. Suffolk County Veterans Memorial Highway Hauppouge, New York 11787 Gentlemen: January 13, 1983 Planning Commission Pursuant to Section 1333, TELEPHONE 76,5- 1938 Charter, the Southold Town followinci nroDosed final plat (Map of) (Minor Subdivision) Hamlet Greenport Tax Parcel Identifier No. 1000 Material Submitted: Minor Subdivision - Class A(3 copies) Major Subdivision (3 copies) Article XIII.of the Suffolk County Planning Board hereby refers the to the Suffolk County Planning Commission: Pappas snd Athanannp~yln~ Class B (2 copies Preliminary Map (1 copy) ; Topographic Map (1 copy) Drainage Plan (1 copy) ; Street Profiles (1 copy) GradLng Plan (1 copy) ; Planning Board Res. (1 copy) Other material (specify and give number of copies) Waiver of Subdivision Requirements Comments: See attached sheet Very truly yours, Henry E. Raynor, Jr., Chairman WAIVER OF SUBDIVISION REQUIRE}~NTS (Map of) (~tinor Subdivision-) Psppss and Athanasopoylos Hamlet or Village C.r~to~r~ Town Southold The following items normally required as part of the subdivision applica- tion have been waived. Check, as required. Preliminary Map Street Profiles Other (describe) Topographic Map X Drainage Plan X X X Grading Plan Lands'cape Plan 1) ~nor Subdivision a) Not required by subdivision regulations X b) Subdivision of lot on an existing improved filed map c) Other (describe) 2) Major Subdivision a) No new drainage structures and no changes in existing drainage proposed , X b) No new roads and no changes in existing roads proposed X c) No major site clearing and grading proposed X d) Other (describe) HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKi, Jr. GEORGE RITC}tlE LAT}IAM, }r. WILLIAM F. MULLEN, Jr. TELEI~HONE 7654938 January 13, 1983 Environmental Analysis Unit DEC, Building 40, Room 219 SUNY Stony Brook, New York 11794 Gentlemen: Enclosed find a completed Short Environmental Assessment Form and a copy of the map of the minor subdivision of Eleftherios & Theano Pappas & Gregory & Alexandra Athanasopoylos, located at Greenport. This project is unlisted and an initial determination of non-significance has been made. We wish to coordinate this action to confirm our initial determination in our role as lead agency. May we have your views on this matter. Written comments on this project will be received at this office until January 28, 1983. We shall interpret lack of response to mean there is no objection by your agency in regard to the State Environmental Quality Review Act. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Enc. cc: Department By Susan E. Long, of Health Services Secretary IRVING L. PRICE, JR. December 23, 1982 Southold Town Planning Board Main Road Southold, New York 11971 Re: Pappas & Athanasopoylos subdivision Att: Susan E. Long, Secretary Gentlemen: I would appreciate a report as to the status of the subject minor subdivison. Very truly yours, ILP/dg HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE R[TCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. II971 TELEPHONE 765-1938 November 9, 1982 Mr. Irving L. Price, Jr. Attorney at Law 828 Front Street Greenport, New York 11944 Re: Pappas & Athanasopoylos Dear Mr. Price: The following resolutions were passed by the Southold Town Planning Board, Monday, November 8, 1982. RESOLVED that the Southold Town Planning Board declare itself lead agency in regard to the State Environmental Quality Review Act in the matter of the minor subdivision of Pappas & Athanasopoylos, located at Greenport. An initial determination of nonsignificance has been made. RESOLVED that the Southold Town Planning Board approve the sketch map of the minor subdivision of Pappas & Athanasopoylos, located at Greenport, dated August 5, 1982 and amended October 7, 1982. Please forward six copies of the final to our office for necessary referrals to state and county agencies. The maps should reflect lot numbers for each lot. A copy of requirements for a final sub- division map has been enclosed for your review. We will advise you when a public hearing has been scheduled. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Enc. By Susan E. Long, Secretary IRVING L. PRICE, JR. November 4, 1982 Planning Board Town of Southold Main Road Southold, New York 11971 Re: Minor Subdivision of Pappas & Athanasopoylos at Greenport Gentlemen: I enclose herewith minor subdivision map with the approval of the Suffolk County Health Department stamped thereon. Very truly yours, IRVING L. PRICE, JR. William H. Price, Jr. WHP:kk Enclosure IRVING L. PRICE, JR. OCT 8 REO'D October 8, 1982 Planning Board Town of Southold Main Road Southold, New York 11971 Re: Minor Subdivision of Pappas and Athanasopoylos at Greenport Gentlemen: Enclosed herewith please find six (6) prints of the amended map for the proposed minor subdivision as directed by the Planning Board. If you have any questions, please do not hesitate to contact me. Very tr~y yours, ILP:kk Enclosures HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLb%M F. MULLEN, Jr. Southold, N.Y. 11971 September 28, 1982 TELEPHONE 765-1938 Mr. Irving L. Price, Jr. Attorney at Law 828 Front Street Greenport, New York 11944 Re: Pappas & Athanasopoylos Minor Subdivision Dear Mr. Price: Our Board made an on site field inspection of the above captioned property and discussed same at our meeting held September 20, 1982. It was the concensus of the Board that the subdivision maps be re- vised by eliminating the flag lot configuration of the northerly lot and creating a right-of-way, with a minimum width of 25 feet; improve- ments to this right-of-way would be subject to Planning Board consid- eration of Inspector John Davis' report. Kindly forward six (6) copies of the map indicating the above and we will place the matter on the next available agenda for Planning Board review. If you have any questions, please feel free to contact this office. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary IRVING L. PRICE, JR. August 11, 1982 Planning Board Town of Seuthold Main Road Southold, New York 11971 AUG 1 6 R£C'D Re: Application of Pappas and Athanasopoylos for a Minor Subdivision at Greenport Gentlemen: Enclosed herewith please find application for approval of plat in the subject matter, together with survey maps, supporting papers, and my check in the amount of $50.00 in payment of the filing fee. Please inform me of the date and time of hearing when same has been scheduled. If you have any questions, please do not hesitate to contact me. Very truly yours, ILP:kam Enclosures APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Southold: The undersigned applicant hereby applies for ('t-e~c~i,~) (iinal) approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represents and states as follows: 1. The applicant is the owner of record of thc land under application. (If the applicant is not the owner of record of the land under applicatkm, the applicant shall state his interest in said laud under application.) 2. The name of the subdivision is to be Minor Subdivision Made for Eleftherios & Theano Pappas and Gregory & Alexandra Athanasopoylos at Greenport, New York 3. The entire land under application is described in Schedule "A" hereto annexed. (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber 9179 Page 124 On May 6, 1982 . Lib P O · er ........................ age ...................... n ........................ Libor ........................ Page ...................... On ........................ ; Libor ........................ Page ...................... On ........................ Libor ........................ Page ...................... On ........................ ; as doviced under ths Lact '~Vill and Teotnmelat of ........................................ -m-as diot, ibutec ........................................................................ 5. The area of the land is 2°207 acres. 6. All taxes which are liens on the land at the date hereof have been paid ~x-eepl .......... 7. The land is encumbered by ......... 9.n?. ................................................. mortgage (J) as follows: (a) Mortgage recorded in Libor ....9.2.5.2 .... Page ........ .2.97 ......... in original amount T. Sledjeski ......... address North Road, Greenport, New York 11944 (b) Mortgage recorded in Libor ............ Page .................... in original amount of $ ................ unpaid amount $ ................ held by ........................... .......................... address ...................................................... (c) Mortgage recorded: in Liber ............ Page .................... in original amoum of $ ................ unpaid amount $ ................ held by ........................... .......................... address ..................................................... 8. There are no other encumbrances or liens against the land ~ ........................ A R~sidential 9. The land lies in the following zoni.ng use districts ...................................... 10. No part of the land lles under water whether tide water, stream, pond xvater or otherwise, 11. The applicant shall at his expense instalI ail required public improvements. 12. The land, (does)-(~2r.~z nat-) lie in a Water District or Water Supply District Name of Dis- trict, if within a District, is GreenporL rant-er 13. ~¥ater mains ~xl~t~ lai,d by Greenport Utilities ~d (n) (no) charge will be made for 4~q:,'~a!'.!:xg T,IIJZO 14. Electric lines and standards xvill be installed by ......................................... .................................... and (a) (no) charge will be made for installing said lines. 15. Gas mains will be installed by ............................................................ and (a) (no) charge ~viI1 be made for installing said mains. I6. I[ streets shown on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highxvay system, annex Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed bb- the applicant to be existing public streets in the Town of Southold Highway system, annex Schedule "C" hereto to show same. lg. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets ;vhich are extensions of streets on adjoining sub- division maps heretofore filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the proposed streets. 20. In the course of these proceedings, the applicaut will offer proof of title as required by Sec. 335 of the Real Property Law. 21. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". The applicant estimates that the cost of gradlug and required public improvements will he $ .... .-.0.-... as itemized in Schedule "E" hereto annexed and requests that the maturity of the Performance Bond be fixed at ............ years. The Performance Boml ~vill be ~vritten by a licensed~ surety company unless otherwise shown on Schedule "F". DATE .. August N/A Eleftherios & Theano Pappas 19.8.2. G~egory & Alexandra Athanasopoylos (Name of Applicant) ~ /") (Signature ~d Title) 828 Front Street, Greenport, New York 11944 (Address) SLV~'D~ STATE OF NEW YORK, COUNTY OF ................................... ss: On the ......... /../ ....... day of August 19.. before me personally came ........ I..rY. ~9...L:..P.r..i.c~..,...Jr.. ............. to me knmvn to be the individual described in and executed the foregoing instrument, and ackno~vledged that .............. executed the same. ~lllllllll~lg~lM.~ch 30. ~9..z_ Notary P~hc , c STATE OF NEW YORK, COUNTY OF .................................. ss: On the .................. cl~y .............. of .......... , 19 ...... , before me personally came ................................................ to me knoxvn, who being by me duly sworn did de- pose and say that ............ resides at No ..................................................... ................................................ that .......................... is the .......... ................ of ............................................................................ the corporation described in and which executed the foregoing instrument; that ............ knows the seal of said corporation; that the seal affixed by order of the board of directors of said corpor- ation, and that ............ signed ............ name thereto by like order. CONSULT YOUR LAWYER BIEI~ORE SIGNING ?HIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. T~l$ I~~ lnade the 23rd ~y of April . nineteen hundred and eighty-two WALTER F. SLEDJESKI and SOPHIE T. SLEDJESKI, his wife, both residing at (No #) N~rth Road, Greenport, New York 11944; 'FAX MAP ])ESIGNATION Di~l. 1000 Sec. 033.00 Bit 05.00 pa,y ofthefir~ pa,,and ~THERIOS PAPPAS and THEANO PAPPAS, his wife, both residing at 30-22 34th street, Astoria, New York, as tenants by the entirety in respect to a one-half undivided interest in the subject premises, and GREGORY ATHANASOPOYLOS and AI~F~M~DI~AT}~IA~OXLO~,his wife, both resi~ing at 30-22 34th Street, Astoria NeW'York, a~.~e~ants by the e~irety ~n' respect to a one-half undivided interest in WI i~..~}~ thit the party o{ the first pan, in eonsicleration of Ten Dollars and ~her v~uable eonsiderati? , patd~$~ t~:~ the second pa., do~.s hereby grant an~ release unto the pa.y o£ the s~ond pa., the he~rs ?: or ~O~ ~gnas 0f ~e par~ o! the second part forever, ~glal.)tl~t ~rt~in '~ot, pi~ce Or parcel o! land, with the buildings and improvemen~ the~on erected, situate, i~n~a~6~.nm~x'Greenp~rt, in the Town of Southold, County of Suffolk and ~te'~f Ne~=york, botmded and described as follows: B~IN~ at a mo~%l~ent on the northerly line of Middle Road (C.R. 27) at the southeasterly co~ner of the premises herein described and which monument also marks the Southwee~erl¥ corner of land now or formerly of Tasker; ~ing thence along the said northerly line of Middle Road (C.R. 27) south 77 d~grese 57 ~i~n~tes 30 seconds west 200.36 feet to land heretofore conveyed by JOseph M. S~h~ei4erland Kathryn D. Schneider, his wife, to' Leighton L. Phelps; z%~u~i~g ~t~ell~e ato~ said last mentioned land north 16 degrees 32 minutes 20 second · w~St 474.83' ~eet to land of "Eastern Shores at Greenport' as shown on map filed in ~he Off~oe ~ the Clerk of the County of Suffolk on April 27, 1964 as Map NO. 4021; z~lm~the~e alo~ Said land of "Eastern Shores at Greenport" north 76 degrees 37 minu~es 4~ seconds east 203.32 feet; · ~nillg ~he~e still along land of "Eastern Shores at Greenport" and along land now o~ formerly of Tasker south 16 degrees 13 minutes 40 seconds east 479.64 feet to the ~nL~aen~on th~oz~aherly.side of Middle Road (C.R. 27) the point or place of B~IN~ and intended to be the sa/ae premises conveyed to the party of the first part ~ deed frem Michael Dorcic and Ann Dorcic, his wife, dated June 29, 1968 and r~o~ed im glqe Suffolk County Clerk's Office on July 1, 1968 in Liber 6373 cp 377. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streots and roads ahuttlng the above described premises to the center lines thereof; TOGETtlER wkh the appurtenances and all th~ estate,and rights of the party of the first ~n in and to mid premises; TO HAVE AND TO' IIOLI) l~pr~x~s hereto g~nted unto the ~y of ~e second ~rt, the heirs or successors and assigns of th~ p~ny. ~ th~ ~ond ~t forever. AND the party ~ the first ~ ~ve~nts tMt the ~rty oi ~he firs pan has not done or su~ered anything Wherry t~ ~id ~rmises have been encumbered in any way whatever, exc~t as aforesaid. AND the ~rly o~the first part, in compliance with SeaSon 13 of the Lien lmw, covenants that the ~rty of ,the first ~rt wilt r~eive the considem[ion for this ~nveyance and will hold the right to receive such consid- eration as a trust fund to he applied first {or the ~r~se o~ ~ying the cost of the improvment and will apply the same first to the ~yment o~ the cost of the improvm~ent before using any ~rt oi the total oi the sane any other put.se. ~e a~d ;'~y" shall he construed :;s if it read "parties" whenever the sense of this indenture so requires. l~ ~~ t}~ ~rty of the first ~rt ~s duly ~ated this deed the day and year first a~ve w~itten, ~ I~ ~Rc,~ Ol~: So~hie T. Sledjeski~ ~4EW YORK, COUNTY OF SUFFO}}K ss: - .* ~23rd day of April 19 82 , before me mMly came Walter F. Sledjeski ~d Sophie T. Sledjeski, his ~fe STATE Of iMEW YORK, COUNTY OF ss: On the day of 19 , before me personally came to me known to be the individUai s described in and who to me known to be the indivklual d~eribed in and who executed the foregoing instrument, and acknowledged that executed the fore~ng: instrUBient, ~ ~kr~wled~d that they executed the same. executed the same. IRVING L. PI~.!GE; JR. ~asiding iii ~folk Co. ~t time of a~pointmtm ~ My ~mmi~ien Expires March 30. 1~ STATE 05 NEW YOK, CO~TY O$ ss: On the day o~ 19 , before me personally rome to me known, who, ~ing by me duly sworn, did de.se and say that he resides at No. ; that he is the of , (~he 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, STAT~ 0~: NEW YORK, COUNTYOF On the day of Igt , be{ore me personally came the subscribing ~itness to t~ for(~0ing instrument, with whom I am persOnallY acqua~ited, wh6i bein~ by me duly sworn, ~d d~pose and say th~.: he redd~s at No. that he knows m be the individual described in and who execuw~ the forgoing instrvment; that he, said subscribing w'hness, wu present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. ~'~'1 I I{ COVFNAN] AGAINS'] GRAN I OR'S AC IS TITLE NO. 8208-273760 Sledjeski .TO Pappas & Ath~nasopoylos 'l'~li'LG GUARANTEE- NEWYORK 'SECTION BLOCK LOT C~UNTY RRTLI~Jq BY JlAI'IL TO: William H~. Pric~, Jr. Attoz~ey ~ ~aW 828 Front ~.reet Gree~port~ ~e~' York 11944 Sf~EDULE B Middle Road or ODunty N~ute 48 SCHEDULE C None CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDF_J~rrURF_~ made the day of , nineteen hundred and BETWI*_I~.N ¢Jm:v'±'tt~_2~C~; PAPPg~q and THE3AIO PkPP~, his wife, Both residing at 30-22 34th Street, Astoria, New York, as tenants by the entirety in respect to a one-half un- divided interest in the subject premises, and GREGORY ATHANASOPOYLOS and AI.EXABDRA ~POYI3DS, his wife, both residing at 30-22 34th Street, Astoria, New York, as tenants by the entirety in respect to a one-half undivided interest in the subject prouises; party of the first part, and party of the second part, WITNE,~S~-'TH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party o£ the second part, the heirs or successors and assigns of the party of the second part forever, AIl- that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the [ Description ] TAX MAP DE%IGNATION Dist 1000 s~ 033.00 05.00 p/o Lot(s): 014.000 Subject to Covenants and Restrictions of record. TOGETIIER xvith all right, title and interest, if any, of the party of the first part in and to any streots and roads ahutting the above described prenfises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO }lOLl) 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 firs{ 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 lhe 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 {und to be applied first for {he purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The xvord "party" shall he construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNF-.$S WHEREOF~ the party of the first part has duly executed this deed the day and year first above written. IN PRE~ENCE OF: SCHEDULE D O~ 'o[q auma .,([ieuosaad am~a am a/olaq ' 6I jo ,(ep aq; u0 om aaojaq ' 6I jo x~ atl~ u0 PROPOSI~D COVENANTS and RESTRICTIONS DECLARATION made this day of PAPPAS and THEANO PAPPAS, his wife, and GREGORY ATHANASOPOYIDS and ALEXANDRA ATHANASOPOYLOS, his wife, hereinafter called the "Owner" ~REAS, the "Owner" has title to certain land situate, lying and being at Greenport, in the Town of Southold, County of Suffolk and State of New York, said land hereinafter being more particularly described; and WHEREAS, it is the intention of the "Owner" that the aforesaid lands be sutxlivided into a minor subdivision cc~sisting of not more than two (2) residential lots; NCW, THEREFORE, the following described land shall be restricted as hereinafter set forth: ALL that certain plot, piece or parcel of land, situate, lying and being near Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a montm~=-nt on the northerly line of Middle Road (C.R.48) at the southeasterly corner of the premises herein described and which mon~r~nt also marks the south- westerly corner of land now or formerly of Tasker; running thence along the said northerly line of Middle Mad (C.R. 48) south 77 degrees 57 minutes 30 seconds west 200.36 feet to land heretofore conveyed by Joseph M. Schneider and Kathryn D. Schneider, his vrife, to Leighton L. Phelps; running thence along said last mentioned land north 16 degrees 32 minutes 20 seconds west 474.83 feet to land of "Eastern Shores at Greenport" as shown on map filed in the office of the Clerk of the County of Suffolk on April 27, 1964 as Map No. 4021; running thence along said land of "Eastern Shores at Greemport" north 76 degrees 37 minutes 40 seconds east 203.32 feet; running thence still along land of "Eastern Shores at Greenport" and along land now or formerly of Tasker south 16 degrees 13 minutes 40 seconds east 479.64 feet to the monument on the northerly side of Middle Road (C.R. 48) the point or place of BEGINNING. Declarant does hereby warrant, covenant and represent that on approval of the aforesaid described land as a minor subdivision by the Planning Board of the Town of Southold, no further application will be made to the Board or to any other Board in th~ Town of Southold to further subdivide any of the lots set forth in said minor subdivision into additional building lots. Declarant does hereby further warrant, covenant, and represent that the aforedescribe~ land within the minor subdivision cannot be subdivided into more than tw~ (2) building lots. Declarant does hereby further warrant, covenant and represent that the foregoing restrictiens and agreements shall bind the undersigned, their heirs, successors and assigns, and any and all person or persons who shall succeed to the ownership of any of the lots sh~n ~n the aforedescribed premises in said minor subdivision by transfer or otherwise. IN WITNESS WHEREOF, the declarant does hereby cause their hands and seals to be affixed this day of , 1982. STATE OF NEW YORK) COUNTY OF ) : ss.: On the day of , 1982, before me personally came V.T.~:~±~EIIICS PAPPAS and THEANO PAPPAS, his wife, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary Public STATE OF NEWYORK) CO3NI~OF ) : ss.: On the day of , 1982, before me personally came GREGORY ATHANASOPOYI-OS and B?.~.XANDRA ATHANASOPOYLOS, his wife, to me known to be the individuals described in and who executed the foregoing instrtm~nt, and acknowledged that they executed the same. DECLARATION OF COVENANTS AND RESTRICTIONS both residing at 30-22 34th Street, Astoria, N.Y. WHEREAS, Eleftherios Pappas and Theano Pappas/and Gregory both residing at 30-22 34th Street, Astoria, N.Y. Athanasopoylos and Alexandra Athanasopoylos/have made formal application to the Planning Board of the Town of Southold for approval of a minor subdivision plat entitled Eleftherios & Theano Pappas, Gregory & Alexandra Athanasopoylos located at Greenport, and which was submitted to the Planning Board August 11, 1982 and a filing fee in the amount of $50. was paid November 9, 1982 and upon which said application a public hearing was held by the Planning Board of the Town of Southold on March 7, 1983 at 7:30 p.m., and WHEREAS, the application for subdivision approval was granted by the Planning Board of the Town of Southold on March 28, 1983 subject to certain conditions, and WHEREAS, one of the conditions was that the applicant execute and file with the Town of Southold and with the County Clerk of the County of Suffolk a declaration of covenants and restrictions stip- ulated by the Planning Board of the Town of Southold in its said resolution of approval of March 28, 1983. NOW, THEREFORE, the parties herein declare that the property shown on the aforesaid map is held and shall be conveyed subject to the restrictions and covenants set forth in this declaration to wit: 1. Each party hereto, in the deeds separating the one parcel into two parcels will provide a right-of-way over the western 25' of the lot fronting on the Middle Road (so- called). SCHEDULE A ALL that certain plot; piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being near Greenport, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the northerly line of Middle Road (C.R.27) at the southeasterly corner of the premises herein described and which monument also marks the southwesterly corner of land now or formerly of Tasker; running thence along the said northerly line of Middle Road (C.R. 27) south 77 degrees 57 minutes 30 seconds west 200.36 feet to land heretofore conveyed by Joseph M. Schneider and Kathryn D. Schneider, his wife, to Leighton L. Phelps; running thence along said last mentioned land north 16 degrees 32 minutesl 20 seconds west 474.83 feet to land of "Eastern Shores at Greenport" ~ as shown on map filed in the office of the Clerk of the County of Suffolki on April 27, 1964 as Map No. 4021; running thence along said land of "Eastern Shores at Greenport" north 76 degrees 37 minutes 40 seconds east 203.32 feet; running thence still along land of "Eastern Shores at Greenport" and along land now or formerly of Tasker south 16 degrees 13 minutes 40 seconds east 479.64 feet to the monument on the northerly side of Middle Road (C.R. 27) the point or place of BEGINNING. 2. Said easement shall be in co~mon between the owners of both plats and there shall be no egress from or ingress to Lot #2 (road frontage) except by said common easement. 3. The driveway upon said easement shall make an angle of at least 70% with the County Road. 4. Each lot shall have a turnaround provision, such as a T-shaped shunt, so that a vehicle leaving the lot will not be required to back out into said Middle Road. 5. All stormwater runoff resulting from the development and improvement of this subdivision or any of its lots shall be retained on the site by adequate drainage structures so that it will not flow out into the right-of-way of Middle Road. 6. No lot shall be subdivided or its lot lines changed in any manner at any future date unless authorized by the Southold Town Planning Board. The real property contained within such subdivision is described on Schedule A attached hereto and made a part hereof. Each of the covenants and restrictions herein set forth shall run with the land in perpetuity and shall bind all future owners thereof. IN WITNESS WHEREOF, Eleftherios Pappas and Theano Pappas and Gregory Athanasopoylos and Alexandra Athanasopoylos have caused this iidocument to be executed this J-~. day of April, 1983. Eleftherios -2- STATE OF NEW YORK ) COUNTY OF )ss.: On the ~ day of April, 1983, before me came GREGORY ATHANAsoPOYLOS to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that he executed the same. Notary Public STATE OF NEW YORK ) Qua%i{~e9%~.~rc~ 30, CO~TY OF ) SS ·: ~mi~on =~m da7 o~ ~pril, 1983, bogore mo camo ~T~SO~OY~OS ~o mo known to Bo the ~ndividual describod in and who oxocuted tho foro~oin~ instr~ent, and acknowlod~od that she oxecuted the same. Notary Public -4- WN OF SOUTHOLD SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer wili use currentIy avaiiobie information concerning the project and the IikeIy impacts of the action. It is not expected that odditionai studies, research or other investigations wiIi be undertaken. (b) If any question has been answered Yes the project may be significant and o compieted Environmental Assessment Form is necessary. (c) If oil questions have been answered No it is llkeiy that this project is not signlficont. (d) Environmental Assessment 1. Will project result in o large physical change to the project site or physically alter more than i0 acres of land? ........................ Yes × No 2. Will there be o major change to any unique or unusuoI Iond form found on the site? .......... Yes × No 3. Will project alter or have o large effect on existing body of water? ....................... Y~s X No 4. Will project have o potentlolly large impact on groundwater quality? ....................... Yes × No 5. Will project slgnificontly effect drainage flow on adjacent sites? ........................ Yes × No 6. Will project affect any threatened or endangered plant or animal species? ........... Yes × No ?. Will project result in o major adverse effect on air quality? ............................... Yes × No 8. Will project hove a major effect on visual character of the community or scenic views or vistas known to be important to the community? Yes × No 9. Will project adversely impact any site or structure of historic, prehistoric or paleontological importance or any site deslgnoted os o critical environmental oreo by o local agency? ............ ~; ..... ~...~'-.... Yes × No lO. Will project have a major effect on existing or future recreatlonoi opportunities? ......... Yes × No 11. Will project result in major traffic problems or cause o major effect to existing transportation systems? ....................... Yes × No 12. Will project regularly cause objectlonoble odors, noise, glare, vlbrotion, or electrlcol disturbance as a result of the project's operation? .................................... Yes × No 13. Will project hove any impact on public health or safety? .................................... Yes X No 14. Will project affect the existing community by directly causing o growth in permanent populotion of more than 5 percent over o one year period or hove a major negative effect on the choro~-~-er of the community or neighborhood? ................................. Yes × No 15. Is there public controversy concerning the project? .......................... ~ ....... Yes × No Eleftherios & ~heano Pappas RSPR555NTING Gregory & Ale~andra Athanasopoylos DAT5 ust ~ , 1982 LASER FICHE FORM SUBDIVISIONS Proiect Type: Minor Status: Final Approval SCTM #: 1000- 33.-5-14 Project Name: Pappas/Athanasopovlos Location: Property is located on the north side CR48 approximately 260' east of McCann Lane Hamlet: Greenport Applicant Name: Pappas & Athanasopoylos Owner Name: Eleftherios and Theano Pappas Zone 1: A-C Approval Date: 3/28/1983 PLAT Si.qned Date: OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information Zone 2: C and R's' ~c'.~ [1~,'/' 6]~ ~,1~ Homeowners Association: R and M A.qreement: /I o Address: County Filing Date: Zone 3: SCAN Date: